NBCD items

Buyer Added text based ATC clauses

• 1.Arbitration: All disputes or differences arising out of or in connection with the Contract shall be settled by bilateral discussions. Any dispute, disagreement or question arising out of or relating to the Contract or relating to construction o r performance, which cannot be settled amicably, may be resolved through arbi tration. The standard clause of arbitration is as performs DPM-7, DPM-8 and DP M-9 (Available in MoD website and can be provided on request).
• 2.Agents / Agency Commission: The Seller confirms and declares to the Buyer that the Seller is the original manufacturer of the stores/provider of the se rvices referred to in this Contract and has not engaged any individual or firm, w hether Indian or foreign whatsoever, to intercede, facilitate or in any way to rec ommend to the Government of India or any of its functionaries, whether officiall y or unofficially, to the award of the contract to the Seller; nor has any amount b een paid, promised or intended to be paid to any such individual or firm in respe ct of any such intercession, facilitation or recommendation. The Seller agrees th at if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Bu yer that the Seller has engaged any such individual/firm, and paid or intended t o pay any amount, gift, reward, fees, commission or consideration to such perso n, party, firm or institution, whether before or after the signing of this contract, t he Seller will be liable to refund that amount to the Buyer. The Seller will also be debarred from entering into any supply Contract with the Government of India f or a minimum period of five years. The Buyer will also have a right to consider c ancellation of the Contract either wholly or in part, without any entitlement or c ompensation to the Seller who shall in such an event be liable to refund all pay ments made by the Buyer in terms of the Contract along with interest at the rat e of 2% per annum above LIBOR Rate. The Buyer will also have the right to reco ver any such amount from any contracts concluded earlier with the Government of India.
• 3.Liquidated Damages: In the event of the Seller's failure to submit the B onds, Guarantees and Documents, supply the stores/goods and conduct trials, i nstallation of equipment, training, etc as specified in this contract, the Buyer m ay, at his discretion, withhold any payment until the completion of the contract. The BUYER may also deduct from the SELLER as agreed, liquidated damages to the sum of 0.5% of the contract price of the delayed/undelivered stores/services mentioned above for every week of delay or part of a week, subject to the maxi mum value of the Liquidated Damages being not higher than 10% of the value o f delayed stores.
• 4.Termination of Contract: The Buyer shall have the right to terminate th is Contract in part or in full in any of the following cases:-
• (a)The delivery of the material is delayed for causes not attributable to Fo rce Majeure for more than (03 months) after the scheduled date of delivery.
• (b)The Seller is declared bankrupt or becomes insolvent.
• (c)The delivery of material is delayed due to causes of Force Majeure by more than (01 month) provided Force Majeure clause is included in contra ct.
• (d)The Buyer has noticed that the Seller has utilised the services of any I ndian/Foreign agent in getting this contract and paid any commission to s uch individual/company etc.
• (e)As per decision of the Arbitration Tribunal. 5 . Notices: Any notice required or permitted by the contract shall be written in the English language and may be delivered personally or may be sent by FAX or registered pre-paid mail/airmail, addressed to the last known address of the party to whom it is sent.
• 6.Amendments: No provision of present Contract shall be changed or mod ified in any way (including this provision) either in whole or in part except by an instrument in writing made after the date of this Contract and signed on behalf of both the parties and which expressly states to amend the present Contract.
• 7.Payment Terms for Indigenous Sellers - It will be mandatory for the B idders to indicate their bank account numbers and other relevant e-payment de tails so that payments could be made through ECS/EFT mechanism instead of p ayment through cheques, wherever feasible. A copy of the model mandate form prescribed by RBI to be submitted by Bidders for receiving payments through E CS is at Form DPM-11 (Available in MoD website and can be given on request).
• 8.Advance Payments: No advance payment(s) will be made.
• 9.Paying Authority:
• a.Indigenous Sellers: (Name and address, contact details). The payment of bills will be made on submission of the following documents by the Sell er to the Paying Authority along with the bill:
• i.Ink-signed copy of contingent bill / Seller’s bill. ii. Ink-signed copy of Commercial invoice / Seller’s bill. iii. Copy of Supply Order/Contract with U.O. number and date of IFA’ s concurrence, where required under delegation of powers. iv. CRVs in duplicate.
• v.Inspection note. vi. Claim for statutory and other levies to be supported with requisit e documents / proof of payment such as Excise duty challan, Custo ms duty clearance certificate, Octroi receipt, proof of payment for E PF/ESIC contribution with nominal roll of beneficiaries, etc as applica ble. vii. Exemption certificate for Excise duty / Customs duty, if applicabl
• e.viii. Bank guarantee for advance, if any., ix. Guarantee / Warranty c ertificate.
• x.Performance Bank guarantee / Indemnity bond where applicable. xi. DP extension letter with CFA’s sanction, U.O. number and date of IFA’s concurrence, where required under delegation of powers, indic ating whether extension is with or without LD. xii. Details for electronic payment viz Account holder’s name, Bank name, Branch name and address, Account type, Account number, IF SC code, MICR code (if these details are not incorporated in supply order/contract). xiii. Any other document / certificate that may be provided for in th e Supply Order / Contract. xiv. User Acceptance., xv. Xerox copy of PBG. (Note – From the above list, the documents that may be required depending up on the peculiarities of the procurement being undertaken, may be included in bi

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• 10.Risk & Expense clause –
• (a)Should the stores or any instalment thereof not be delivered within the time or times specified in the contract documents, or if defective deliv ery is made in respect of the stores or any instalment thereof, the Buyer s hall after granting the Seller 45 days to cure the breach, be at liberty, with out prejudice to the right to recover liquidated damages as a remedy for b reach of contract, to declare the contract as cancelled either wholly or to t he extent of such default.
• (b)Should the stores or any instalment thereof not perform in accordan ce with the specifications / parameters provided by the SELLER during the check proof tests to be done in the BUYER’s country, the BUYER shall be a t liberty, without prejudice to any other remedies for breach of contract, t o cancel the contract wholly or to the extent of such default.
• (c)In case of a material breach that was not remedied within 45 days, the BUYER shall, having given the right of first refusal to the SELLER be at liberty to purchase, manufacture, or procure from any other source as he thinks fit, other stores of the same or similar description to make good:-
• (i)Such default.
• (ii)In the event of the contract being wholly determined the bala nce of the stores remaining to be delivered the re-under.
• (d)Any excess of the purchase price, cost of manufacturer, or value of any stores procured from any other supplier as the case may be, over the contract price appropriate to such default or balance shall be recoverable from the SELLER. Such recoveries shall not exceed 10% of the value of the contract.”
• 11.Inspection Authority: The Inspection will be carried out by Store Office/ District Logistics Officer. The mode of Inspection will be Departmental Inspec tion / User Inspection / Joint Inspection / Self-certification. The mode of Inspec tion will be Departmental Inspection and “Firm Fit Function “Certificate from the firm.
• 12.Franking clause– The following Franking clause will form part of the con tract placed on successful Bidder –
• a.Franking Clause in the case of Acceptance of Goods “The fact tha t the goods have been inspected after the delivery period and passed by t he Inspecting Officer will not have the effect of keeping the contract alive. The goods are being passed without prejudice to the rights of the Buyer u nder the terms and conditions of the contract”.
• b.Franking Clause in the case of Rejection of Goods “The fact that t he goods have been inspected after the delivery period and rejected by th e Inspecting Officer will not bind the Buyer in any manner. The goods are being rejected without prejudice to the rights of the Buyer under the term s and conditions of the contract.”
• 13.Tolerance Clause– To take care of any change in the requirement durin g the period starting from issue of RFP till placement of the contract, Buyer rese rves the right to 50 % plus/minus increase or decrease the quantity of the requir ed goods upto that limit without any change in the terms &conditions and prices quoted by the Seller. While awarding the contract, the quantity ordered can be i ncreased or decreased by the Buyer within this tolerance limit.
• 14.Repeat Order Clause- This unit can order upto 50% quantity of the items under the present contract within six months from the date of supply / suc cessful completion of the contract, the cost, terms & conditions remaining the s ame. You are required to confirm acceptance of this clause. It will be entirely th e discretion of this unit to place repeat order or not.
• 15.Sample of items are to be provided before opening the Technical bid. Fail to submit the same, the bidder will be dis-qualified.
• 16.Bidders from Gujarat are allowed to participate in the bid . Ration I tem ATCs Demurrage charges In case the rejected items are not lifted by the fir m within 48hrs, the demurrage charges at the rate of 0.5% of total contract val ue will be charged per day. In case the items are not lifted within a month, the s ame will be destroyed by the unit board of officers and no claim will be admitte
• d.Demurrage charges. In case the rejected items are not lifted by the firm withi n 48hrs, the demurrage charges at the rate of 0.5% of total contract value will b e charged per day. In case the items are not lifted within a month, the same will be destroyed by the unit board of officers and no claim will be admitted.
• 17.Bidder shall submit the following documents along with their bid for Vend or Code Creation: a. Copy of PAN Card. b. Copy of GSTIN. c. Copy of Cancelled C heque. d. Copy of EFT Mandate duly certified by Bank. e. Past Project Experienc e Proof for Past Experience and Project Experience clause: For fulfilling the expe rience criteria anyone of the following documents may be considered as valid pr oof for meeting the experience criteria: a. Contract copy along with Invoice(s) with self-certification by the bidder that service/supplies against the invoices ha ve been executed. b. Execution certificate by client with contract value. c. Any other document support of contract execution like Third Party Inspection releas e note, etc. Proof for Past Experience and Project Experience clause: For fulfillin g the experience criteria any one of the following documents may be considere d as valid proof for meeting the experience criteria: a. Contract copy along with Invoice(s) with self-certification by the bidder that service/supplies against the i nvoices have been executed. b. Execution certificate by client with contract val ue. c. Any other document in support of contract execution like Third Party Insp ection release note, etc. .