CONSUMABLE

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.

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.

Supplier shall ensure that the Invoice is raised in the name of Consignee with GSTIN of Consignee only.

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

Buyer Added text based ATC clauses ADDITIONAL TERMS AND CONDITIONS File No - 1400012825

• 1.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.
• 2.Mandatory Documents to be submitted:
• a)Bidder must upload the complete technical specifications on their company letterhead, clearly mentioning the offered Make and Model, duly signed and stamped.".
• b)"Bidder must upload a signed and stamped undertaking confirming unconditional acceptance o f all terms and conditions stipulated in the attached Additional Terms & Conditions (ATC) docu ment."
• c)Bidder must submit the requisite EMD as specified in the bid, or valid exemption certificates (e .g., MSE / Udyam / Startup registration) and mandatory supporting documents; failure to furnis h the same shall render the bid liable for outright rejection without any further correspondence or clarification.
• d)Failure to submit the aforementioned documents may result in the rejection of your offer.
• 3.Earnest Money Deposit (EMD): Your Tender must be accompanied by EMD of Rs. 20,590/-. However, since item wise/ Schedule wise evaluation is proposed the proportionate EMD wrt. estimated value shall be applicable as per Gem guidelines. Bidders are r equested 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 Natio nalized bank / scheduled commercial bank in India, in a prescribed format enclosed (Annexure III) her ewith and favouring NMDC. BG should be valid for a period of six months from the date of submission of yo ur offer. The supplier shall forward the original EMD BG to “GM (Materials), NMDC BIOM Kirandul Complex-4 94556, C.G.” Copy of EMD BG shall be uploaded in the bid. The original BG/ DD shall reach the BIOM Kirand ul 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 Insurance Regulatory and Development Authority of India (IRDAI) as per Annexure (Proform a including instructions for furnishing Insurance Surety Bonds are attached as Annexure - IV). T he supplier shall forward the original EMD ISB to “GM (Materials), NMDC BIOM Kirandul Complex-494556, C. G.” Copy of EMD ISB shall be uploaded in the bid. The original ISB shall reach the BIOM Kirandul office withi n 2 weeks from the date of bid opening.
• d.Tenderers of Micro & Small Enterprises (MSEs) registered with UDYAM will be exempted from payment of E arnest Money Deposit against submission of documentary proof of such registration certificate as a manufa cturer for the tendered 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 placem ent of the order. However, in case of successful tenderer EMD will be returned after receipt of Security Dep osit wherever applicable.​
• i.Bidder shall be responsible for the correctness and completeness of the BG / DD / Bank transfe r submitted towards EMD. In case the EMD submitted is not as per the value/ BG specified in th e tender, the same may be summarily rejected.
• 4.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 I
• 5.MSE PURCHASE PREFERENCE: MSE purchase preference as per Govt guidelines shall be considered only for M anufacturers registered with UDYAM certificate and not for Traders/Distributors/Dealers/Resellers.
• 6.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.
• 7.AUTHORIZED DEALERSHIP CERTIFICATE: - The bidders other than Manufacturer/OEM have to submit authori zation certificate of the offered Make along with technical bid. Without authorization certificate the offer shall be liable for rejection, with no further correspondence.
• 8.INSPECTION: Inspection of the materials shall be carried out at our Project site after receipt of the materials 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 within 30 days after receipt of rejection notice, no liability in re spect of loss, damage, deterioration etc shall lie with the corporation. Ground rent will be charged. After reasona ble period the material will be disposed off without making any back reference
• 9.Delivery Period:-The indented item is required urgently at our Project. You are requested to quote the shortest delivery period in your offer. In case delivery period is not mentioned by the bidder, the delivery period mentione d in GEM Bid will be applicable
• 10.Payment terms: 100% payment with 100% applicable GST within 30 days will be released on receipt and acceptance 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 payment.
• 11.TREDS: “NMDC has registered with M/s. RXIL, M/s. Invoicemart (A. TReDS Ltd), M/s. M1Exchange, M /s. C2TReDS & M/s. KredX portals for releasing MSE vendor’s payment through TReDS portal. All MS E vendors are requested to register on any one of the portals to release payment through TReDS Po rtal. In case any MSE vendor is not willing to process their payment through TReDS portal, that vend or should confirm non willingness. In such case, payment will be released as per NMDC standard pay ment terms”.
• 12.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.
• 13.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.
• 14.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.
• 15.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.
• 16.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 o r 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 other wise including the cost of repairing or replacing defective equipment’s, shall not exceed the 100% (hundred pe rcent) of the contract price plus escalation if applicable as per contract, provided that this limitation shall not a pply to any obligation of the contractor to indemnity the employer with respect to copyright, patent infringeme nt, workmen compensation and statutory liabilities in general that the employer may be required to additionall y bear due to default of the supplier/contractor. Bid ATC will supersede the other GEM GTC. If any deviations ar e not mentioned by the bidder, it is deemed that they are agreeing to all Bid ATC.
• 17.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 II. 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.
• 18.Environmental Laws: Bidders shall comply with all Environmental Laws & Contractual Commitments related to Environmental aspects.
• 19.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.
• 20.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.
• 21.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.
• 22.FORCE MAJEURE CLAUSE:
• a.If at any time during the continuance of the Purchase Order, the performance in whole or in part by eithe r 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 restrictio ns 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 part y shall have claim for damage against the performance and deliveries in such cases shall be resumed as s oon as practicable after such an event has come to an end or has ceased to exist.
• 23.Bidders shall submit complete technical specifications (including brochure if available) along with offer and also shall provide detailed drawings and specifications of all spares.
• 24.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.
• 25.For MSE & MII benefits, bidder shall apply in GEM portal for Purchase Preference. MSE purchase preference as pe r Govt guidelines shall be considered only for manufacturers registered with UDYAM certificate and not for Trad ers/Distributors/Dealers/Resellers.
• 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.Contact Details and Escalation Matrix:-For any queries, technical clarifications, or administrative matters re garding this bid/contract, the following personnel may be contacted: · Bidder / Initiator Contact Details: ⚬ Name: Shri Danveer Dewangan ⚬ Designation: AM(Materials) ⚬ Email ID: danveer.dewagan@nmdc.co.in · Section In-Charge Contact Details: ⚬ Name: Shri Ranjit Dhiware ⚬ Designation: AGM (Materials) ⚬ Email ID: ranjitdhiware@nmdc.co.in · Head of Department (HOD) Contact Details: ⚬ Name: Shri Samya Bhookya ⚬ Designation: GM(Materials) ⚬ Email ID: bsamya@nmdc.co.in .

Buyer uploaded ATC document Click here to view the file.