AUTOMATIC BOOM BARRIER WITH COMPLETE TECHNICAL SPECIFICATION AS PER ANNEXURE-I, INSTALLATION & COMMISSIONING OF AUTOMATIC BOOM BARRIER

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) : Supply Installation Testing and Commissioning of Goods

Bidder's offer is liable to be rejected if they don't upload any of the certificates / documents sought in the Bid document, ATC and Corrigendum if any.

Bidder shall submit the following documents along with their bid for Vendor Code Creation:

• a.Copy of PAN Card.
• b.Copy of GSTIN.
• c.Copy of Cancelled Cheque.
• d.Copy of EFT Mandate duly certified by Bank.

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.

Buyer Added text based ATC clauses ADDITIONAL TERMS & CONDITIONS (ATC) Before submitting your offer/ Bid, kindly read the complete tender document carefully. Submission of offer will be considered as “The Bidder has read, understood & accepted all the technical as well as commercial aspects of the tender document unless otherwise specified”. Any person registered with GeM and submitting the tender shall be deemed to have necessary aut hority on behalf of the tenderer and if it subsequently comes to light that the person submitting th e tender had no authority to do so, the purchaser may without prejudice to other civil and criminal remedies cancel the order or the tender and hold the supplier liable for all costs and damages. If any deviation are not mentioned by the bidder, it is deemed that they are agreeing to all Bid AT

• C.The Offer/Quotation with detailed terms & conditions should be uploaded on GeM Portal only 1) Bidders shall submit complete technical specifications (including bro chure if available) along with offer 2) PRICE:-Prices should be firm and fixed without any variation factor/adjustment and valid for acceptan ce for a period of 180 days from due date of tender opening. The price basis should be FOR Destinati on only i.e. Material has to be supplied up to NMDC Ltd.,Bailadila Iron Ore Mines, Deposit - 5, 10&11A, Ba cheli Complex, Bacheli - 494553, Dist. Dantewada 3) TAXS &DUTIES:- Standard Taxes, Duties & Levies Etc.: All the GST Rules and Regulations notified / Amended time to time are applicable to this tender 4) PAYMENT :- ADVANCE PAYMENT TERM IS NOT ACCEPTABLE . Our Standard Payment term is as below :- 100 % payment within 30 days after Receipt, Acceptance & Installation & c ommissioning (as per Scope of supply) of materials at our site through e-payme nt on submission of required documents through VSS Portal. The following Origi nal Documents required for releasing payment :-
• (1)GST Invoice Copy in Triplicate ( 2) PBG ( 3) PDI Report/Waive off approval (4) Installation & Co mmissioning Report “VSS vendor self portal is a platform developed for transparency in transaction b etween NMDC and the vendors. Vendors will be able to upload their Invoices after successful registration in the portal and will be able to track the status of their In voice, details of Amount paid & Deduction (If applicable). They will be also able to ch eck the details of pending orders and completed orders placed on them. The Registration pr ocess is given below: One Time Registration in VSS Portal as a Seller: After Receipt of Purchase Order, Sellers need to contact via mail to the Buyer with the following details for the Ven dor I’d Creation and Link, to access the VSS Portal. Ø Firm’s Name & Full Address Ø GST No. with a Copy Ø PAN No. with a Copy Ø Udyam Aadhar Registration No. with a Copy, If applicable Ø Bank Details with a cancelled Cheque Copy Ø Valid E-mail I’d (It will be used for all future transactions with the vendor & NMDC and O TPs will be shared in this mail only). Ø Valid Mobile No. (It will be used for all future correspondence). In reply, Sellers will receive a registration link on their registered mail Id from NMDC Side. Tu torials and Guidelines will also be available in the reply mail to guide the vendors through registration process. Once, the vendor is registered, Invoice and supporting Documents can be uploaded at the time of dispatch of Material and the same can be tracked further until the receipt of the Payment. Vendors will be able to use the same Login I’d for uploading Invoices for Other Purchase orders of NMDC as well”. NMDC has registered with M/s. RXIL. All MSE vendors should register themselves with these TReDS Platfo rm for availing the facility of bill discounting on TReDS portal. If registered, please submit the details 5) DELIVERY PERIOD :- (i)The preferable delivery period for Supply portion is 08 weeks from the dat e of drawing approval . Kindly offer your shortest delivery period. Delivery Period quoted should be defi​nite and guaranteed. Failure to supply the material in time will attract penalty as per penalty clause. T he stipulated delivery period shall be reckoned from the date of drawing approval by N MDC.Please Quote minimum delivery period, If no delivery period is quoted by firm, then GeM bid de livery should be applicable & binding.
• (ii)Delivery period for Installation & Commissioning will be counted from the date of supply of material. The firm shall complete installation & commissioning within ONE MONTH from the date of supply, subject to confirmation from the User Department th at the site is ready for I&C 6) BANK CHARGES :- The supplier should bear all types of Bank charges 7) PLACE OF DELIVERY :- :- The item shall be supplied on FOR-Destination (CSD Bach eli) basis at NMDC Ltd., Bailadila Iron Ore Mines, Bacheli Complex, Post - Bacheli - 494553, Dist. Dantewada, C.G State 8) LIQUIDATED DAMAGES(LD):- Compensation of loss on account of late delivery (actually incurred as well as notional) where loss is pre-estimated and mutually agreed to is termed as the Liquidated Damag es (LD). Law allows recovery of pre estimated loss provided such a term is included in the contract and the re is no need to establish actual loss due to late supply. In the event of placement of an order, should the supplier fail to deliver the stores in full or part thereof within the delivery date including extended time if any, NMDC shall reserve the right to levy Liquidated Damages on the supplier at 0.5% of the basic order value (excluding GST) of the undelivered stores fo r each week or part thereof of delay but not exceeding 5% of the basic order value (excluding GST) of such materials. However, in case of capital items, the liquidated damages amount should be calculated on the equipm ent basic order value (excluding GST). LD shall be calculated equipment wise. In case of FOR destination cases, the date of receipt at nearest transporter’s godown should be taken f or calculation of Liquidated Damages amount. However, in the Purchase Order (FOR destination nearest transporter’s godown) should be clearly mentioned. In case, the Supplier is a consortium, the Employer shall recover the amount of Liquidated Damages, b ut not by way of LD, by making deductions from the account of each member of consortium, up to a m aximum of 5% of the respective basis order value (excluding GST). However, each member of consortium, will be liable for damages in the ratio of the respective Purchas e Order price. However, the payment of liquidated damages shall not in any way relieve the Supplier from any of its o bligations to complete the PO or from any other obligations and liabilities of the Supplier under the Pur chase Order. The aggregate ceiling on Liquidated damages due to delay in completion of PO and for non-fulfilment o f Performance Guarantee parameters in accordance with the Purchase Order shall be limited to 10% (t en percent) of the Purchase Order value, if any, excluding taxes & duties. Any recovery of Liquidated damages shall be affected from the amount payable to the Supplier against Commissioning, Performance Guarantee Test, Final Acceptance Certificate and Performance Bank Guar antee. The levy of LD shall be on the final executed value of Purchase Order/ amended value, including escala tions (excluding GST) as applicable, of the PO including additions to scope by way of interim approvals. However, LD shall not be levied on amount paid under amicable settlement, conciliation and arbitral a wards settled after completion of work. Except for the reasons specified in the Force Majeure Clause, the Corporation shall have the right to le vy the penalty as already provided All correspondence in connection with the above may be addressed to the HOD (Materials), NMDC Limited, Bacheli Complex 9) PERFORMANCE BANK GUARANTEE (PBG)/ WARRANTY BANK GUARANTEE: - The supplier should furnish a Bank Guarantee for 10 % of Contract Value (format enclosed at Annexure- VI) valid for the Warranty period + 03 months (Grace Period) in support thereof while claimin g balance payment towards satisfactory performance of the item. PBG shall be in favour of NMDC Limited, from any Nationalized Indian Bank/ Scheduled c ommercial 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 in case if the performance linked with warranty. The supplier s hould instruct their banker to forward original Bank Guarantee directly from Bank to NMDC. NOTE:- In the event of placement of an order, should the supplier fail to submit the PBG within 30 days of Dispatch / Acceptance / Commissioning of materials (as defined in the PO), a penal interest at 12% per annum of the PBG amount shall be charged beyond 30 days i.e. from 31st day of effective date of Dispatch / Acceptance / Commissioning of materials 10) GUARANTY/ WARRANTY :- The offered/supplied items shall be Guaranteed/War ranted for a period of 18 Months from date of dispatch (OR) 12 months from the date of installation and commissioning whichever is earlier against manufacturing de fects, bad workmanship, poor quality of material etc. In case any defects are detected during the period of warranty the tenderer sh ould arrange to examine the same and make good the loss in terms of rated life. In c ase of failure within the warranty period, inspection will be carried out and if after ins pection, any article is found to be defective, the spares shall be replaced FREE OF C OST by the supplier 11) 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 Order No. P-45021/2 /2017-PP (BE-II) dtd. 16.09.2020 and subsequent amendments/orders, if any shall be applica ble to this tender. Bidders are requested to submit the Self Certificate regarding Local Content on their Letter Head as per Annexure- V 12) INSTALLATION & COMMISSIONING CHARGES:- The supplier shall under-take Installation/ C ommissioning of supplied at our site on Cost Basis. You have to depute your competent personnel for carrying out the above activity for sufficient period to our Project on receipt of material / on receipt of confi rmation from our end. The Supplier shall, therefore, be fully responsible for satisfactory Instal lation /Commissioning and proving Performance Guarantee Parameters of the not with standing that he may have been assisted by the Purchaser’s auth orized representative. The supplier shall have to make their own arrangement for boarding and lodging, to and fro travel to proje ct site. However, in case of availability, NMDC may consider accommodation in Project Guest House on cha rgeable basis. All the costs/ expenses have to be borne by the supplier 13) LIMITATION OF LIABILITY :-Except in cases Criminal Negligence of wilful non-Performance o r wilful default.
• A)The Supplier shall not be liable to the NMDC, whether in Purchase Order, tort, or otherwise, fo r any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs and
• B)The aggregate liability of the Supplier to the NMDC, whether under the Purchase Order, in tor t or otherwise including the cost of repairing or replacing defective equipment, shall not exceed the 100% (Hundred Percent) of the Purchase Order price plus escalation if applicable as per Pur chase Order, provided that this limitation shall not apply to any obligation of the Supplier to ind emnify the NMDC with respect to copyright, patent infringement, workman compensation and s tatutory liabilities in general that the NMDC may be required to additionally bear due to default of the Supplier.
• C)The aggregate liability of the NMDC to the Supplier, whether under the Purchase Order, in tort or otherwise, at any point of time during the execution, performance of the Purchase Order, sha ll not exceed the total Purchase Order Price less payments already released to the Supplier. In a ny event, the liability of the NMDC to the Supplier shall not exceed 100% of the Purchase Order Price plus escalations. However, any amount recoverable from the supplier under Risk & Cost shall not be restricted by the provis ion for Limitation of Liability 14) FORCE MAJEURE CLAUSE :- Following force majeure clause is applicable to this te nder 1) Determination of an event as Force Majeure: It needs to be identified if the even t or circumstance that is being claimed, falls under a ‘force majeure’ condition. This co uld be based, either on the already identified events of force majeure mentioned in thi s tender document or cases where either party is directly prevented, hindered or delay ed from or in performing any of its obligations under the Contract by an event of Force Majeure resulting from any unforeseeable / unavoidable circumstances beyond the rea sonable control of the parties to the contract. The same may be substantiated with Go vernment Orders (i.e. restrictions imposed under any Act or executive order released b y State/Central Government, as done during the period Covid-19 pandemic) declaring force majeure condition, wherever possible. 2) Analysis of Contractual provisions : In case of occurrence of a Force Majeure even t, then “Extension of Time for Completion” can be provided to the supplier, for a durati on which has been mutually agreed/accepted by Supplier and Employer, as the duration of Force Majeure. 3) Force Majeure applicable to this tender: If at any time during the continuan ce of resultant Acceptance of Tender, the performance in whole or in part by either party of any obligation under this tender shall be prevented or delayed by reason of an y war, hostility acts of public enemy, civil commotions sabotage, fires, floods, explosio ns, epidemics, quarantine restrictions, strikes, lock-outs or acts of God (here-in-after re ferred to as events), provided notice of the happening of any such event is given by ei ther party to the other within 21 days from the date of occurrence there-of, neither pa rty shall, by reason of such event, be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non – performa nce or delay in performance, and deliveries under the contract shall be resumed as so on as practicable after such event has come to an end or ceased to exist, together wit h particulars of the event or circumstance justifying such extension. As soon as reason ably practicable, after receipt of such notice and supporting particulars of the claim, th e Employer and the Supplier shall mutually agree upon the period of such extension. 4) In order to assess the duration of Force Majeure, the Supplier shall submit to the empl oyer, a notice of claim for ‘Extension of Time for Completion’ with-in the 21 days from the date of occurrence of events. 5) Delay event due to Force Majeure is an excusable delay in which extension of time ca n be granted without levying LD and any delay or non-performance by either party of t he Contract caused by the occurrence of any event of Force Majeure shall not constitut e a default or breach of the Contract. 6) There are 4 categories of delays which are Excusable delay, Compensable delay, Inex cusable delay (Supplier own fault) and Concurrent delay. The Force Majeure falls unde r the category of Excusable delay, hence ‘Extension of Time for completion’ can be pro vided without imposition of LD under above cited Force Majeure clause. 7) The Force Majeure situations are beyond the reasonable control of employer and supp lier and the same falls under the category of Excusable delay, however if the performa nce of contract is substantially prevented, hindered or delayed for a period more than 90 days on account of FM during the currency of the contract, the parties may develop a mutually satisfactory solution as per the contract. 8) Payment of PV during the period of Force Majeure: Price variation may be allowed b eyond the original schedule delivery date, by specific alteration of the date through an amendment to the contract in cases of force majeure or defaults by Government”, PVC may be invoked during the period of Force Majeure subject to fulfilment of tender cond itions. 9) Considering the above provision following clause may be followed to facilitate payme nt of Price variation during the force majeure:
• S.No. Duration Remarks
• A.In case of contracts with original completion perio d of 12 months or less, bu t total duration exceeds 1 2 months after grant of e xtension(s). Where the progress of work has been hamp ered due to Force Majeure conditions, the p ayment of PV may be permitted if the cumu lative impact of FM is more than 15 days ag ainst such work; however, PV shall be paid i n such instance for the period of FM beyond initial 15 days
• B.In case of contracts with original completion perio d of more than 12 month s Where the progress of work has been hamp ered due to Force Majeure conditions, the p ayment of PV may be permitted if the cumu lative impact of FM is more than 30 days ag ainst such work; however, PV shall be paid i n such instance for the period of FM beyond the initial 30 days. NOTE:
• (I)Before processing the delivery extension under FM, the Employer & supplier with in volvement of package consultant (if any) will create a suitable document which shall be signed by either party after obtaining approval of Competent Authority of the Em ployer (post concurrence by Law department and Finance department of NMDC Ltd, as per extant procedures) The document shall explicitly state that, Supplier shall hav e no other claims whatsoever for the period of Force Majeure (other than those speci fically provided in the contract) in order to be entitled for payment of PV in the abov e instances.
• (II)The proposed payment of PV on account of FM shall not breach the 15% of the Cont ract value (excluding taxes & duties)
• (III)FM delay shall always supersede other concurrent delay during the total contract p eriod (i.e., both employer delay plus contractor delay).
• (IV)The FM delay is to be treated as initial delay (before employer delay while doing del ay analysis).
• (V)In cases where the contract has entered the FM period for the reasons (i.e. delays) only attributable to Supplier (i.e. NIL delay on account of employer for entire contrac t completion period) PV shall not be paid to the supplier for FM period. 10) Before the release of any payment on account of Force Majeure by NMDC (including P rice Variation payment), the Supplier has to submit an undertaking / agreement, statin g that no other claims, whatsoever, will be made by them in respect to the said contra ct, for the duration which has been considered under Force Majeure and for which the mutually agreed solution has been accepted by both the parties. Further Supplier in th e undertaking shall also confirm that they fully understand that NMDC is not liable for any delays in execution of work/delay in release of payment, on account of Force Maje ure. 11) Procedure for processing the case of Force Majeure under this tender: The Supp lier has to submit the notice on account of Force Majeure as per contract and with-in t he duration specified in the contract (viz it cannot be claimed ex-post facto). However, as indicated above, in order to assess the duration of Force Majeure, the Supplier shall submit to the Employer, a notice of claim for Extension of Time for Completion with-in the duration specified in the contract, together with particulars of the event or circums tance justifying such extension. As soon as reasonably practicable, after receipt of suc h notice and supporting particulars of the claim, the Employer and the Supplier shall m utually agree upon the period of such extension. The same will be put-up for approval of Competent Authority for a suitable decision/approval. post sanction of proposal by Competent Authority regarding “Extension of time for com pletion” revised L2 schedule/work program shall be submitted by supplier in-line with th e approved extension and same shall be approved by consultant/employer. Regular pa yment as per contract, shall be released by NMDC, to the extent possible, during the for ce majeure period. In the event that the Supplier does not accept the Employer's estimate of a fair and rea sonable time extension along with price variation amount, the Supplier shall be entitled to refer the matter for Conciliation and Arbitration, as per provision of the contract. Invocation of FM does not absolve all the non-performance of supplier towards the contract, but only in res pect of such non-performance(s) which are attributed to Force Majeure situation. Further the invocation of FMC would be held valid only in situations where the Supplier(s) have not already defaulted their contractu al obligations at any point of time towards performance of the contract in the manner, which has led to ter mination of the contract 15) INSPECTION:- Initial inspection may be carried out before dispatch at consignee ’s discretion. Inspection schedule shall be drawn well in advance and the supplier sha ll give at least 15 days clear advance notice for the consignee to carry out the pre-dis patch inspection. In case if inspection is not carried out within 15 days’ notice, the fa cility will be informed suitably. To carry out the pre- dispatch inspection, supplier sho uld provide inspection / test certificates of important bought out components to facilitate the pre- dispatch inspection (PDI). Hence, automatic waival of pre-dispatch inspections are not allowed. Final inspection of the materials will be carried out at project site after receipt of the materials (even if pre-dispatch inspection is carried out) which will be final & binding. In case the stores supplied are rejected either f ully or partly on account of defects, bad workmanship or other reasons, the supp lier will have to arrange for free replacement of the same up to the destination point. The freight and incidental charges for return of the rejected materials will have to be borne by the supplier. In case, rejected materials are not collected af ter receipt of rejection notice, no liability in respect of loss, damage, deterioratio n etc. shall lie with the corporation 16) OFFER VALIDITY :- Your offer should be kept valid for 180 Days from the date of tender opening & to be extended for further period if necessary 17) TRANSPORTATION OF GOODS: NMDC Limited Bacheli Complex is having Rate Contract (RC) with M/
• s.Associate Road Carriages Ltd (ARC) (Mo.# 96584 64295) and M/s. Balan Transport (Mo No. # 94242 936 92) for transportation of goods to our project. Hence, you may preferably book the consignment with the a bove transporters. However, you may opt your own mode of transportation based on your convenienc 18) WITHDRAWL OF TENDER :- After submission of tender if it is withdrawn before expiry of vali dity period, NMDC can take any one or more of following action(s) without notice :-
• 1.Forfeit of Earnest Money Deposit (EMD).
• 2.Lodging complaint with NSIC/GeM/any other Government departments
• 3.Removal of supplier’s name from the company’s approved list of suppliers Raising Incident in GeM Portal and may escalate Incident at discretion of NMDC 19) TENDER EVALUATION PROCEDURE :- Offers will be evaluated TOTAL VALUE WIS E (SINGLE SOURCE WITHOUT QTY SPLITTING) as per GeM provision on FOR Destination Cost basis 20) DEVIATION: Before submitting your offer/ Bid, kindly read the complete tender document ca refully. Submission of offer will be considered as “The Bidder has read, understood & accepted all the technical as well as commercial aspects of the tender document unless otherwise specified”. A ny deviations on technical and commercial points are required to be brought out clearly in a separ ate sheet. Acceptance of deviations is strictly at the discretion of NMDC. Bidder shall clearly state that all the terms and conditions are acceptable and there are no deviations othe rwise submit the deviation list, if any 21) SETTLEMENT OF DISPUTES :- APPLICABLE LAW, AMMICABLE SETTLEMENT, CONCILIATION AND ARBITRATION 21.1 APPLICABLE LAW This Agreement shall be construed and governed in accordance with the Indian substantive Laws. 21.2 AMICABLE SETTLEMENT 21.2.1 If any dispute arises between the NMDC and Supplier as specified in Purchase Order, the parties sh all seek to resolve any such dispute or difference by mutual consultation/ amicable settlement process. The Supplier shall notify the NMDC of its intent to initiate an amicable settlement process within a period of 30 days from the date 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 are agreeable, dispute may be tried to settle through mediation before the panel of IEMs in a time bound manner i.e. not more tha n five sittings. The prevailing sitting fee of IEM as per NMDC Ltd 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 NM DC, shall be shared equally. 21.2.2 If the parties fail to resolve such a dispute or difference by mutual consultation, then the dispute m ay be settled through Conciliation / Arbitration / other remedies available under the applicable laws. 21.3 CONCILIATION If the parties fail to settle the disputes through amicable settlement process, the parties shall take r ecourse to the conciliation proceedings for resolving such dispute, question, claim or differences. A party (“claimant”) shall notify the other party (“respondent”) in writing about such a dispute it wi shes to refer for Conciliation within a period of 30 days from the date of closing of Amicable Settle ment process or 90 days from date of notification of NMDC’s/ Engineer’s estimate of Supplier’s clai
• m.Such Invitation for Conciliation shall contain sufficient information as to the dispute to enable th e other party to be fully informed as to the nature of the dispute, amount of the monetary claim, if any, and apparent cause of action. The conciliation process shall be initiated by appointment of a Sole Conciliator or Conciliatory Com mittee. The Conciliatory Committee shall comprise of either Sole Conciliator or Conciliatory Commit tee comprising of three members, one member from each category i.e., Technical, Commercial and Legal. Conciliatory Committee shall be formed from the panel of experts ma intained by NMDC. CMD, NMDC shall suggest three names to the Supplier to con stitute the Conciliatory Committee within 30 days of receipt of notice for concilia tion. The Supplier shall submit the consent for Conciliatory Committee within 14 days of receipt of recommendation from NMDC. The selection of Sole Conciliator or the Conciliatory Committee shall be decided based on the claim amount and guidance on the same is provided below. Number of conciliators depending on the claim amount is det ailed 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 Cr ores Conciliatory Committee to be appoi nted The above committee shall conduct the conciliation proceedings in accordance with the provisions of Arbitr ation and Conciliation Act 1996 and its amendment thereof. The venue of the conciliation shall be at Hyder abad. In the case of any vacancy the CMD, NMDC shall suggest name(s) for substitution on the Conciliatory Com mittee. The Supplier shall submit the consent within 14 days. Failure of Supplier’s consent within 14 days s hall be considered as deemed acceptance of the suggested member(s) by the Supplier. Upon constitution of the Conciliatory Committee, Law Department of NMDC will issue the appointment lette rs to Conciliatory Committee members and inform same to the parties concerned. The Conciliatory Committee members shall give a declaration of independence and impartiality to both the parties before the commencement of the Conciliatory Committee proceedings. Conciliator’s Fee (As per SCOPE Forum for Conciliation `& Arbitration – SFCA): Each Conciliator’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 Lak hs Rs. 30,000/- + Rs.2000/- per lakh or part t hereof subject to a ceiling of Rs. 70,000/- From Rs.25 Lakhs one to Rs. 1 Cro re Rs. 70,000/- + Rs.2000/- per lakh or part t hereof subject to a ceiling of Rs. 2,22,000/- From Rs. 1 Crore one to Rs. 5 Cror e Rs. 2,20,000/- + Rs.30,000/- per Crore or part thereof subject to a ceiling of Rs. 3,4 0,000/- From Rs. 5 Crore one to Rs. 10 Cro re Rs. 3,40,000/- + Rs.25,000/- per Crore or part thereof subject to a ceiling of Rs. 4,6 5,000/- From Rs. 10 Crore one to Rs. 50 Cr ore Rs. 4,65,000/- + Rs.20,000/- per Crore or part thereof subject to a ceiling of Rs. 12, 65,000/ Over Rs. 50 Crore Rs. 12,65,000/- + Rs.10,000/- per Crore o r part thereof subject to a ceiling of Rs. 25 lakh In addition to the above, each Conciliator will be entitled to receive fee for study of the pleadings, case mat erial, writing of the award etc. With regard to the amount in dispute in each case to be shared equally by th e 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 Crore 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 q uantified / indicated Conciliator’s fee will be consolidated Rs 1.00 Lakh inclusive of fee for study of the plea dings, 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 q uantified / indicated, administrative fee will be Rs. 65,000/- Note 3: In the event, the Conciliation Committee is of a sole Conciliator in place of three or more Conciliator s, he shall be entitled to receive an additional amount of 25% on the fee payable as per the table set out a bove. Upon acceptance of the invitation to conciliate, the respondent shall submit its counter claim, if any, within a period as specified by the Conciliatory Committee. The parties may consider filing their claims and counterclaims with details as mentioned below. However m ore details may be requested during the Conciliation process 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 evidence deemed appropr iate
• 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 Committee may request a party to submit to him such additional information as he deems appropriate. Conciliatory Committee will commence its meetings only after completion of the pleadings. The parties shall be represented by their in-house employees/executives. Ex-officers of NMDC who have handled the dispute matter in any capacity are not allowed to attend and present the case be fore Conciliatory Committee on behalf of Supplier. However, ex-employees of parties may represen t their respective organizations. Solicitation or any attempt to bring influence of any kind on either Conciliatory Committee Member s or NMDC is completely prohibited in conciliation proceedings and NMDC reserves the absolute rig ht to close the conciliation proceedings at its sole discretion if it apprehends any kind of such atte mpt made by the Supplier or its representatives. Conciliator or Conciliatory Committee as the case may be, shall do detailed analysis of claims base d on the pleadings and contentions of the parties, and make a proposal 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 C onciliator or Conciliatory Committee. Considering the response of the parties, the Conciliator or Con ciliatory Committee shall attempt to bring about Conciliation between the Parties. Thereafter, the C onciliator or Conciliatory Committee based on the outcome of such an attempt make its final report of Conciliation or failure as accepted by the parties and submit it to CMD, NMDC. Both parties may give effect to the Conciliation Report at the earliest. Parties shall not claim any interest on claims/counterclaims from the date of notice invoking concili ation till execution of settlement agreement, if so arrived at. In case, parties are unable to reach a settlement, no interest shall be claimed by either party for the period from the date of notice invoki ng conciliation till the date of Conciliatory Committee recommendations and 30 days thereafter in any further proceeding. Either party shall refer any dispute for Arbitration or judicial proceedings if the conciliation process has failed. Confidentiality: The Conciliator or Conciliatory Committee and the parties must keep confidential of all matters relating to the conciliation proceedings. Confidentiality extends also to the settlement a greement, except where its disclosure is necessary for purposes of its implementation and enforce ment. 21.2 ARBITRATION :- All disputes or differences which may arise between the NMDC and Supplier in connection with this Purchase Order (other than those in respect of which the decision of any person is expressed in th e Purchase Order to be final and binding) and Excepted Matters, shall, after written notice by eithe r party (“claimant”) within sixty (60) days of failure of conciliation to the other (“respondent”) and to the Chairman cum managing Director of the NMDC Ltd. (who will be the appointing authority), b e referred for adjudication to the sole or three (3) Arbitrator(s) to be appointed as hereinafter provi ded. The notice invoking arbitration shall specify all the points of disputes with details of the amou nt claimed to be referred to arbitration at the time of invocation of arbitration and not thereafter. If the claim is in foreign currency, the claimant shall indicate its value in Indian Rupee for the purpos e of constitution of the arbitral tribunal A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. Appointm ent of sole arbitrator or 3 arbitrators shall depend on the claim value as defined below Claim Amount (excluding Interest) Number of Arbitrator/s Claim Amount – up to 25% of Purchase Order value (Ab ove claim amount shall be within the limits of Rs. 50 La khs and up to Rs. 5 crores) Sole Arbitrator to be appointed Claim Amount – up to 25% of Purchase Order value (Ab ove claim amount shall be within the limits of Rs. 5 cror es and up to Rs. 100 crores) 3 Arbitrators to be appointed For claim amount exceeds the above referred percentage of 25% of Purchase Order value or maxi mum value of total claim value of Rs.100 crores: Notwithstanding anything above, the mechanism for settling the dispute through Arbitration may be considered in cases where the dispu ted amount or the amount of all claims put together does not exceed 25% of the Purchase Order v alue or maximum of disputed claim amount shall not exceed Rs.100 crores whichever is lower. In c ase the disputed amount exceeds the above referred percentage of 25% of Purchase Order value o r maximum value of total claim value of Rs.100 crores, the parties shall be within their rights to tak e any other recourse / remedies that may be available to them under the applicable laws other tha n Arbitration also after providing prior intimation to the other party Appointment of Sole Arbitrator: The Appointing Authority will send within ninety days of receipt of the notice of arbitration a panel of three names of persons, not directly connected with the work, to the Supplier who will select an y one of the persons named to be appointed as a sole Arbitrator and intimate its selection within 3 0 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 Supplier shall send to the appointing aut hority a panel of three names of persons who shall also be unconnected with the organization by w hich the work is executed. The appointing authority shall on receipt of the names as aforesaid sele ct 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 pa nel and inform the Supplier accordingly, the Supplier shall be entitled to invoke the provisions of th e Indian Arbitration and Conciliation Act 1996 as amended from time to time. Appointment of 3 Arbitrators: In case of 3 Arbitrators one arbitrator shall be selected by each party and notified the other party w ithin a period of 30 days from the notice of invoking arbitration. The two individual selected arbitra tors shall then select the 3rd Arbitrator, who shall be the presiding arbitrator, within additional perio d of 30 days. All the three Arbitrators selected as aforesaid shall be independent. If a party fails to appoint an arbitrator within thirty days from the receipt of a request to do so from the other party; or the appointed arbitrators fail to agree on the presiding arbitrator within thirty days from the dat e of their appointment, the appointment shall be made, upon request of a party The fees of Arbitrators will be guided by Schedule IV of Arbitration and Conciliation Act, 1996 and a ny amendment thereof or both the parties can negotiate on the Fees before the commencement of Arbitration proceedings The further progress of any work under the Purchase Order shall unless otherwise directed by the NMDC / Engineer continue during the arbitration proceedings and no payment due or payable by/t o the NMDC shall be withheld on account of such proceedings. It shall not be open to arbitrator to c onsider and decide whether or not such work shall continue 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 arbitration hereunder shall be final and binding upon the parties. The parties agree that neither party shall ha ve any right to commence or maintain any suit or legal proceeding concerning any dispute under t his agreement until the dispute has been determined in accordance with the arbitration proceedin g provided for herein and then only to enforce or facilitate the execution of an award rendered in s uch arbitration Notwithstanding anything above, the mechanism for settling the dispute through Arbitration may b e considered in cases where the disputed amount or the amount of all claims put together does not exceed 25% of the Purchase Order value or maximum of disputed claim amount shall not exceed R s.100 crores whichever is lower. In case the disputed amount exceeds the above referred percenta ge of 25% of Purchase Order value or maximum value of total claim value of Rs.100 crores, the pa rties shall be within their rights to take any other recourse / remedies that may be available to the m under the applicable laws other than Arbitration also after providing prior intimation to the other party Parties agree that neither party shall be entitled for any pre-reference or pendente-lite interest, i.e. date of cause of action till the date of the Award by the Arbitral Tribunal. Parties agree that claim f or any such interest shall not be considered and shall be void. The Arbitral Tribunal shall have no ri ght to award pre-reference or pendente-lite interest in the matter. The laws applicable to the Purchase Order shall be the laws in force in India. The Courts of Hyderab ad, Telangana State shall have exclusive jurisdiction in all matters arising under this Purchase Order. The seat, place and venue of the arbitral proceedings shall be Hyderabad, Telangana State, India. "In the event of any dispute or difference relating to the interpretation and application of the provis ions of commercial Purchase Order(s) between Central Public Sector Enterprises (CPSEs)/ Port Trus ts inter se and also between CPSEs and Government Departments/Organizations (excluding disput es concerning Railways, Income Tax, Customs & Excise Departments), such dispute or difference s hall be taken up by either party for resolution through AMRCD as mentioned in DPE OM No. 4(1)/20 13-DPE(GM)/FTS1835 dated 22-05-2018 or any additional notifications / guidelines thereof by Minis try of Heavy industries and Public Enterprises or Ministry of Steel. Arbitration in respect of Purchase Orders, with foreign parties for value of more than Indian Rs. 50 lakhs and up to Indian Rs. 50 crores shall be governed by the Rules of Indian Council of Arbitration
• (ICA). Arbitration with foreign Supplier or in consortium Purchase Orders (including foreign Supplier ), where the Purchase Order value is more than Indian Rs. 50 crores shall be governed by the Rules of Arbitration of International Chamber of Commerce (ICC), Paris. The seat, place and venue of the arbitral proceedings shall be Hyderabad, Telangana State, India. Parties further agree that following matters shall not be referred to Conciliation and Arbitration;
• a)Any claim, difference or dispute relating to, connected with or arising out of NMDC’s decisi on to initiate any proceedings for suspension or banning, or decision to suspend or to ban b usiness dealings with the Bidder/Supplier and /or with any other person involved or connect ed or dealing with bid/Purchase Order/ bidder/ Supplier.
• b)Any claim, difference or dispute relating to, connected with or arising out of NMDC’s decisi on under the provisions of Integrity Pact executed between the NMDC and the Bidder/ Suppl ier. The applicable interest on arbitral award i.e., from the date of award till the date of actual paymen t, shall be @ daily average of SBI MCLR + 1%. 22) AFTER-SALES-SERVICE:- The after-sales-service facilities in India within warranty period and beyon d warranty period are to be indicated. Confirmation shall be given that after sales & service shall be provi ded outside the warranty period also. Complete address of the location from where after sales service facility will be provided may be indicated. Sufficient proof of having competent and adequate technical sta ff for after sales service should be furnished with the offer 23) MAKES AND MODEL :- Tenderer should clearly indicate the name of the manufacturer of th e item with full specification. The Tenderer shall indicate the Make/ model etc., and also confir m that, the materials offered confirm strictly to our specification. Deviations (if any) to be sta ted clearly in your offer. Detailed specification, catalogues/ Technical literature etc., samples ( whichever required) should be sent with quotation invariably 24) PRICE/PURCHASE PREFERENCES :- Price/ purchase preferences as per guidelines issued by Govern ment of India are applicable subject to satisfying provisions in the guidelines. Necessary details for such pr ovision in the guidelines are to be forwarded for examination 25) BANNING OF BUSINESS DEALING WITH THE TENDERER :- For the 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 docu ments and declarations to be True and Authentic. In case it is found, at any stage, that the doc uments submitted and/or the declarations made by a tenderer is/are false, NMDC reserves its r ight, notwithstanding any other rights/remedies under the terms and conditions of the tender, to ban business dealings with the tenderer for a period upto TWO YEARS. The Corporation also reserves the right to initiate the action, as deemed fit, against the tenderer/ s upplier backing out after opening of tenders / failing to supply after award of PO. The action may include d ebarring the Tenderer / Supplier for a suitable period or Black Listing the firm from NMDC Ltd 26) RISK PURCHASE:- The subletting of contract is not permissible. If the supplier fails to deliver the mat erial within stipulated period due to no fault of the Corporation. The Corporation reserves the right to canc el the order and repurchase the outstanding portion from any source at the risk cost and consequences of the seller 27) ORGANISATION CATEGORY :-MSE / NSIC / SSI / NON-SSI / SC/ST firm / Women Enterprise/st artup or Others clearly specify 28) COMPLIANCE TO SA8000 :- Our Company is certified under SA8000 and as such we also expect that your company shall also comply with the SA8000 standards (Optional As per Annexure- VII) 29) DRAWING APPROVAL :- DRAWING APPROVAL :- Successful Bidder have to dev elop the drawings for ordered items (if any)and submit the developed Drawin gs within 21 days from receipt of Purchase Order to NMDC with providing com plete details of Material including Constructions Features, Materials and Comp lete Technical details etc. and get it approved from NMDC before manufacturing for ordered items 30) MSE EXEMPTION:- For MSE benefits, bidder shall apply in GEM portal for such Purchase Preference. MSE purchase preference as per Govt guidelines shal l be considered only for manufacturers registered with UDYAM certificate and not for Traders/Distributors/Dealers/Resellers. In case firm has not opted the sa me on portal while submission of Bid & falls under the specific category, then n o benefit will be extended & tender will be finalized as per available GeM provisi on 31) BORDER SHARING :- The Govt. of India Order O.M No: F.No: 6/18/2019-PPD dated 23-07-2020 on b orer sharing and any other orders/ circulars related if any shall be applicable for this tender.r orders/ circul ars related if any shall be applicable for this tender 32) DENIAL CLAUSE (DC) In case of delay in delivery as a default by the seller, any increase in s tatutory duties/Taxes and/or any adverse fluctuation in foreign exchange are to be borne by the se ller during the extended delivery period, while the purchaser reserves his right to get any benefit of a downward revisions in statutory duties/Taxes and foreign exchange rate. variations in statutory duties/Taxes and foreign exchange etc. will be applicable only during the original deliver y period 33) PURCHASE UNDER OPTION CLAUSE :- “NMDC reserves the right to increase/ decrease the ordered quantity up to 30% (Thirty)for the required goods without any change in the terms and co nditions and prices quoted by the bidder at any time, till final delivery date (or ) extended delivery date of the contract, by giving reasonable notice even if the quantity ordered initially has been sup plied in full before the last date of the delivery period(or) the extended delivery period”. 34) INTERNAL PERFORMANCE : NMDC reserves the right to verify the internal performance of the earlie r supplied similar/ higher capacity items, in the assessment period as mentioned in the PQC clause. The int ernal performance reports obtained from user departments will be preferred over the performance reports submitted by the bidder and the decision of NMDC regarding the techno-commercial evaluation of the offer will be final 35) Special note: Interested bidders may visit the site, if required, to inspe ct the existing items and ascertain their dimensions for a better understan ding of the technical specifications and scope of supply along with I/C. How ever, such a site visit shall be optional and shall not be mandatory for parti cipation in the tender 36) Please indicate applicable GST rate in “%” for each line items of the bid. The quoted price should be including Freight charges, GST, Packing and Insurance Charges 37) Bidders shall submit all the necessary documents and technical details in the offer. Your off er will be evaluated based on the documents submitted by you. Any clarification from the bidder shall be t he discretion of the buyer 38) The Corporation reserves the right to reject or accept any tender in part or full without assigning any r easons, or place order for part or full quantity. The Corporation also reserves the right to load on various p arameters in case of deviations from the tender conditions at rates deemed fit without any discussions / co rrespondence with the tenderer 39) NMDC does not bind itself to accept the lowest or any tender and may cancel / withdraw the tender wit hout assigning any reason and no claim whatsoever, for any reason arising out of such action, will be ente rtained by NMDC. 40) During the processing/evaluation of the tender proposals, the tenderer may be required to attend the NMDC’s office for discussions/clarifications. Tenderer, on request from the NMDC, shall attend such Tender discussions at their own cost 41) If the date for any activity indicated in the tender document happens to be a holiday or a non-working day, for any reason, then the next working day will be automatically taken as the date for such activity 42) The tenderer is advised to attach any additional information about competence, which they think is ne cessary for their offer. No further information will be entertained after the bid is submitted, unless NMDC c alls for it. 43) Bidders shall comply to all Environmental Laws & Contractual Commitments related to Environmental aspects TENDERERS ARE REQUIRED TO CONFIRM ACCEPTANCE OF ALL COMMERCIAL TERMS AND CONDITIONS POINT WISE AND CLAUSE WISE. Contact Person at NMDC:
• 1.Shri. MRC Ramoji Rao,DGM(Materials) Email :ramojirao@nmdc.co.in Mobile : 08718881899
• 2.Mrs. Priya Choudhary, Sr.Manager (Materials) Email : priyachaudhary@nmdc.co.in Mobile : 09479069857 .

Buyer uploaded ATC document Click here to view the file.