SUPPLY OF 500 KVA SILENT D. G SET 2200042994, ATS BREAKER WITH OUTGOING AMF PANEL 2200042995, INSTALLATION, COMMISSIONING & TESTING OF 500 KVA DG

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

Buyer uploaded ATC document Click here to view the file.

Buyer Added text based ATC clauses ADDITIONAL TERMS AND CONDITIONS File No – 30000671 FLM No: NMDC/KDL/ES/EKDL/2025/499

• 1.Quoted price should be firm & fixed for the entire supply/delivery period inclusive of Packi ng & Forwarding, Freight & Insurance charges and GST as applicable as per GEM Price Form at on FOR Destination basis to be unloaded at Hilltop Stores, Kirandul (C.G.) which is appro ximately 10KM from Kirandul Main Stores.
• 2.Mandatory Documents to be submitted:
• a.Please upload complete technical specification in your company letter head mentio ning the make.
• b.Please upload the complete acceptance of all terms and conditions as per the attach ed ATC doc.
• c.Required EMD if applicable & Scanned Copy of the Integrity Pact and Documents req uired for PQC (Even if supplied to NMDC) must be uploaded, failing which your offer will be liable for rejection with no further correspondence.
• 3.Earnest Money Deposit (EMD): Your Tender must be accompanied by EMD of Rs. 4,39,364/-. Bidders are requested to submit the EM D 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 Nati onalized bank / scheduled commercial bank in India, in a prescribed format enclosed (Annexure) 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- 494556, C.G.” Copy of EMD BG shall be uploaded in the bid. The original BG/ DD shall reach the BIOM Kira ndul 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.Tenderers of Micro & Small Enterprises (MSEs) registered with UDYAM will be exempted from payment of Earnest Money Deposit against submission of documentary proof of such registration certificate as a manu facturer for the tendered items/ item category/group under Udyam Registration. Traders /Deale rs have to submit EMD, only MSE manufacturers of the quot ed category are exempted.
• d.EMD submitted in any other format/mode other than specified above shall not be acceptable.
• e.Without EMD the tender will be summarily rejected.
• f.EMD exemption shall be applicable as per GeM guidelines for the manufacturers only.
• g.No interest will be paid on EMD amount and would be refunded to the unsuccessful tenderers after place ment of the order. For successful Bidders, EMD will be returned after receipt of Security Deposit / PBG/rece ipt of materials wherever applicable.
• h.NMDC reserve the right to forfeit the EMD amount if successful bidder doesnot supply the materials.
• i.Bidder shall be responsible for the correctness and completeness of the BG / DD / Bank transf er submitted towards EMD. In case the EMD submitted is not as per the value/ BG specified in the tender, the same may be summarily rejected.
• 4.PRICE PURCHASE PREFERENCE TO MAKE IN INDIA CLAUSE: - This Tender is being invited for pro curement from indigenous sources. No foreign exchange or import license for importing equipment or c omponent, raw materials, spares, or know-how will be arranged for or provided by the Purchaser. Effort s shall be made to use indigenous 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 read with read with revised Order No. P-45021/2/2017-PP(BE-II) dtd. 16.09.2020 and subseque nt amendments/orders, if any shall be applicable to this tender. Bidders are requested to fill the format as applicable as defined at Sr. No. 4 (a) of enclosed Annexure. ANNEXURE PUBLIC PROCUREMENT (PREFERENCE TO MAKE IN INDIA) (ON LETTER HEAD OF THE FIRM) SELF CERTIFICATION REGARDING LOCAL CONTENT We ………………………………………… (Name of Firm) hereby certify that the offered materials are having the LOCAL CONTENT Minimum 50% and hence we come under Class I Local Supplier as per definition of Make i n India policy of Govt of India. The address of Manufacturing Unit: ------------------------------------------ ------------------------------------------ We also understand that the false declarations will be in breach of the Code of Integrity under Rule 175(1)(i)(h) of the General Financial Rules for which a bidder or its successors can be deb arred for up to two years as per Rule 151 (iii) of the General Financial Rules along with such ot her actions as may be permissible under law. (Sign & Seal)
• (OR)We ………………………………………… (Name of Firm) hereby certify that the offered materials are having the LOCAL CONTENT Minimum 20% and hence comes under Class II Local Supplier as per definition of Make in India policy of Govt of India. The address of Manufacturing Unit: ------------------------------------------ ------------------------------------------ We also understand that the false declarations will be in breach of the Code of Integrity under Rule 175(1)(i)(h) of the General Financial Rules for which a bidder or its successors can be deb arred for up to two years as per Rule 151 (iii) of the General Financial Rules along with such ot her actions as may be permissible under law. (Sign & Seal) NOTE: 1) Self declaration has to be submitted in the Company Letter head by the bidder. 2) Class I Local supplier only shall get purchase preference as per Make in India Policy.
• 5.MSE & MII Purchase Preference:- For MSE & MII benefits, bidder shall apply in GEM portal for Purch ase Preference. MSE purchase preference as per Govt guidelines shall be considered only for manufactu rers registered with UDYAM certificate and not for Traders/Distributors/Dealers/Resellers.
• 6.AUTHORIZED DEALERSHIP CERTIFICATE (for Engine/Alternator/DG set): Other than OEM, pros pective bidders should have OEM authorization and the credentials of same to be submitted along with the offer failing which your offer shall be liable for rejection. Bidders are requested to provide the email and contact no. of the OEM in Authorization certificate itself for verifying it with the OEM.
• 7.INTEGRITY PACT: The bidder must require to accept the “Integrity Pact” enclosed along with the ten der document and shall submit the same in their company letter head duly signed and upload in the GeM portal along with the offer. Offer of the tenderer opened without scanned copy of duly signed Integrity Pact uploaded with offer is liable for rejection. The original integrity pact duly signed should be sent in a sealed cover indicating ‘integrity pact’ along with Bid Reference Number, and has to reach the office of General Manager (Ma terials), Material Management Department, NMDC Limited, Kirandul Complex, South Bastar, Dantewada – 494556. A person signing integrity pact shall not approach the courts while representing the matters to IEMS and He/She will await their decision in the Matter. Format of Integrity Pact is enclosed as Annexure. The procedure for submission of integrity pact would be as follows: - The Indian bidder should submit the integrity pact on his company’s letter head duly signed by the authorized representative on all pages. In case of overseas bidder, the bidder shall submit the integrity pact on his company’s letter head d uly signed by the authorized representative on all pages. If the bidder/contractor is a partnership or a consortium, the integrity pact shall be signed by all the partners or consortium members. All the pages of the integrity pact should be signed by both, the principal as well as the bidder. The bidder should not change the contents of the integrity pact. The principal or his representative will sign the Integrity pact after opening of the Tender. The details of the External Independent Monitor nominated for this tender are given here as under: -
• 1.SMT.RAJNI SEKHRI SIBAL, IAS (Retd.), Email:rajnisekhrisibal@gmail.com;
• 2.SHRI. P V Rao, IRS (Retd.), Email: : pasupuletirao@yahoo.co.in
• 3.SHRI. Dharam Chand Jain, IPS (Retd.) EMAIL:jaindharam@hotmail.com
• 8.PQC: The prospective Bidder (which term shall mean and include the manufacturer and/ or its agent(s,) viz. Auth orized Distributor/Dealer/Channel partner/ Marketing/ Trading houses or by whatever other name is known ) must have supplied, jointly or severally as the case may be at least 02 nos., of similar equipment i.e 500 KVA or Higher rating DG Sets in India during the last 10 years ending last day of the month previous to the one in which tenders are invited. Documents to be submitted 1) Copy of purchase order/ work order/ contract/ agreement 2) Copy of Manufacturer Authorization Letter. 3) Site visit has to be done and a Copy of site visit certificate has to be submitted. “In case the prospective bidder is a dealer for any manufacturer, against past supply records, the bidder c an submit their principles past supply credentials also” fulfilling the Criteria at Sl. No A. The firm shall provi de the letter of authorization from the OEM along with the offer. The Bidder should give a self-certificate along with their offer in part- B i.e. techno commercial bid, stating that the desired level of performance guarantee parameters stipulated in the order, have been met and no guarantee/ warranty is pending against the supplied order received by them. However, NMDC reserves the right to verify the above or get the performance details from the concerned buyer/ customers of equipmen
• t.Bidders are required to furnish relevant information regarding name of the customer, contact details, su pply order reference. All Bidders should submit PQC supporting document details as below: Customer Name PO Qty PO No & Date Date of supply Performance Rep ort Date “B” INTERNAL PERFORMANCE IN PQC: NMDC reserves the right to verify the internal performance of the earlier supplied similar/ higher capacity equipment, in the assessment period as mentioned in the PQC clause. The internal 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 t he offer will be final. Note: 1. Bidders shall submit the copies of PO against PQC along with the offer failing which y our offer shall be liable for rejection without any further correspondence. No new POs shall be acceptable after opening of Bid. With regard to Pre-qualification criteria, after submission of t he tender, only related shortfall documents should be asked for and considered. For example, if the bidder has submitted a supply order without its completion/performance certificate, the certificate can be asked for and considered. However, no new supply order should be asked so as to qualify the bidder.
• 2.The firms should submit the PO of same make as the make of the quoted items for qualifyin g the PQC criteria, or else, their offer is liable for rejection.
• 9.REVERSE AUCTION: - “Reverse Auction” shall be applicable and to be conducted as per GEM po rtal.
• 10.Security Deposit:
• i.In the event of placement of an order, the supplier shall deposit to NMDC Ltd @ 5 % of the Contract value within 30 days of PO towards satisfactory performance of the contract from any Nationalized Indi an Bank/ Scheduled Commercial Bank (except cooperative and Gramin Bank) including a foreign bank h aving a branch in India in either of the following modes:
• a.Demand Draft (DD) / Bank Guarantee for delivery period + 3 months claim period.
• b.Bank transfer through NEFT / RTGS / SWIFT to NMDC bank account mentioned in tender docum ent. The proof of such transfer / transaction like UTR number / SWIFT copy etc. needs to be sub mitted to NMDC within 30 days of Order placement. ii. In case the bidder does not agree to submit Security Deposit as stipulated in the tender conditions, the ir offer shall be rejected, except for the Bidders, who have got exemption for submitting the Security De posit as per Government guidelines. iii. In case the materials are supplied as per PO quantity and received within 30 days of PO, the security d eposit shall be exempted. iv.In the event of placement of an order, should the supplier fail to submit the Security Depos it within 30 days of PO, a penal interest at 12% per annum of the SD amount shall be charg ed beyond 30 days i.e. from the 31st day of effective date of contract.
• 11.WARRANTY: Standard warranty required as 12 months from the date of installation & commissioning or 18 months from the date of dispatch, whichever is earlier against any Manufacturing defects, faulty materials and bad workmanship. The warranty should be comprehensive and cover all bought-out item s that go in to Manufacturing of the item. 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 reject ed and returned to the supplier at their risk and cost.
• 12.INSTALLATION AND COMMISSIONING : Installation & commissioning of the material will be the fully re sponsibility of the supplier. The price for installation & commissioning of the equipment may be quoted in online price bid as per GEM format. Completion period: - The shortest possible time for completion of commissioning is to be indicated. Howev er, the owner will prefer to complete the commissioning within a maximum period of one month from the d ate of intimation from User for site readiness. All taxes legally liable for installation and commissioning will be paid against documentary evidence. However, tenderer should indicate the statutory levies if any appli cable within percentage considered / proposed in their offer. The TDS (Tax deducted at source) at the rate as ruling on the date of realization as per government guidelines will be deducted by the paying office whil e releasing the payment.
• 13.PRE-DISPATCH INSPECTION & FINAL INSPECTION:
• a)Initial inspection may be carried out before dispatch at consignee’s discretion by NMDC’s representativ
• e.The Inspection schedule shall be drawn well in advance and the supplier shall give at least 15 days a dvance notice for the inspector to carry out the inspection. For inspection procedure or waiver of inspec tion you may contact the consignee directly.
• b)However, final inspection of the materials shall be carried out at our Project site after receipt of the mat erials (even if pre-dispatch inspection is carried out) which will be final & binding. In case the stores sup plied are rejected either fully or partly on account of defects, bad workmanship or other reasons, the su pplier will have to arrange for free replacement of the same up to destination point. The freight and inci dental charges for return of the rejected materials will have to be borne by the supplier. In case, rejecte d materials are not collected within 30 days after receipt of rejection notice, no liability in respect of los s, damage, deterioration etc shall lie with the corporation. Ground rent will be charged. After reasonabl e period the material will be disposed off without making any back reference.
• 14.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 del ivery period mentioned in GEM Bid will be applicable
• 15.Payment terms for supply part: 90% payment with 100% applicable GST within 30 days wi ll be released on receipt and acceptance of material at our store location on submission of invoice copy, PDI certificate & PBG with 10% of the contract order value from any nationali zed bank/ Scheduled Commercial Bank. Balance 10% payment will be released after succes sful Installation & commissioning of material at site. Further invoice shall be uploaded in N MDC vendor invoice management (VIM) portal to process further for release of payment.
• 16.Payment terms for installation part: 100% payment with 100% applicable GST within 30 d ays will be released on successful installation & commissioning of material at our site on s ubmission of invoice copy. Further invoice shall be uploaded in NMDC vendor invoice mana gement (VIM) portal to process further for release of payment.
• 17.TREDS: “NMDC has registered with M/s RXIL, Invoicemart (A.TReDS Ltd), M1Exchange, C2T ReDS & KredX Portals for releasing MSE vendor’s payment through TReDS portal. All MSE v endors are requested to register on any one of the portals to release payment through TRe DS Portal. In case any MSE vendor is not willing to process their payment through TReDS po rtal, that vendor should confirm non willingness. In such case, payment will be released as p er NMDC standard payment terms”
• 18.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 cr ores. In case, E-invoice is not applicable, then please submit turnover certificate without fail.
• 19.PERFORMANCE BANK GUARANTEE: - You are required to furnish a bank guarantee (format enclose
• d)for 10% of contract value for warranty period plus three months claim period in favour of NMDC Limit ed, from any Nationalized Bank/ Scheduled commercial bank (except Co-operative and Grami n Bank) including a foreign bank having a branch in India valid for warranty period + 3 months c laim period while claiming the payment stated in the payment terms clause. The Banker concerned sho uld be instructed to send the confirmation to NMDC directly. Should the supplier fail to submit the PBG within 30 days of Acceptance/ Commissioning of materials, a penal interest at 12% per annum of the PBG amount shall be charged beyond 30 days i.e. from the 31st day of effective date of Acceptance/ Commissioning of materials. (Bank details refer Clause No. 3.c)
• 20.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 delivery date the corporation shall reserves the right to levy Liquidated Damages on the Supplier @ 0.5% of the basic price of undelivered stores per each week or part thereof but not exceeding 5% of the value of such materials.
• 21.RISK PURCHASE: - In the event of failure of the supplier to deliver goods, services and goods cum services or dispatch the i tem / equipment / stores within the stipulated date/period of the supply order or failure in completion of job/ work/service or in the event of breach of any of the terms and conditions mentioned in the order, N MDC reserves the right to cancel the order and make alternative purchase of the materials of similar de scription or get the job/ work/ service completed from elsewhere at their risk and cost of the supplier du ly giving an advance notice of 30 days to this effect and in such an event the seller will be liable to pay any loss that may be incurred to the buyer. Except for the reasons specified in the Force Majeure Claus e, the Corporation shall have the right to levy the penalty in case of delay.
• 22.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 shall be settled through mutual negotiation by the parties and parties shall make all endeavours to settle this matter amicably. In case such amicable settlements is not possible, the parties shall take r ecourse to the conciliation 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 Arbitration and Conciliation Act 1996. The venue of the conciliation shall be at Dantewada. The settlement so arrived at final conciliation shall be binding on both the parties and will not be called in q uestion before any court or forum whatsoever. 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 con nection with 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 NMDC Ltd, Kirandul Complex, Kirandul (who will be the appointing authority), be referred for adjudication to the sole 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 pan el of three names of persons, not directly connected with work, to the supplier/ Contractor who will sele ct any one of the persons named to be appointed as a sole Arbitrator within 30 days of receipt of name. If the appointing authority fails to send to the Supplier/ Contractor the panel of three names, as aforesai d, within the period specified, the Supplier/Contractor shall send to the appointing authority a panel of t hree names of persons who shall also be unconnected with the organization by which the work is execu ted. The appointing authority shall on receipt of the names as aforesaid select any one of the persons n amed and appoint him as the sole Arbitrator. If the appointing authority fails to select the person and ap point him as the sole Arbitrator within 30 days of receipt of the panel and inform the Supplier/Contractor accordingly, the Supplier/ Contractor shall be entitled to invoke the provisions of the Indian Arbitration a nd 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 o f arbitration shall be equally borne by the parties. The award rendered in any arbitration hereunder shal l be final and binding upon the parties. The parties agree that neither party shall have any right to legal proceedings concerning any dispute under this agreement other than to enforce or facilitate the execut ion of the award rendered in such arbitration. 2.3.1.4 The arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliati on Act 1996 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 t he Ministry 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 / Engineer continues during the arbitration proceedings and no payment due or payable by/ to the Own er shall be withheld on account of such proceedings. It shall not be open to arbitrator to consider and d ecide 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, Chhattisgarh (State) shall have exclusive jurisdiction in all matters arising under this Contract.
• 23.BANNING OF BUSINESS DEALING: - For the evaluation of the tenders, NMDC would rely on the documents submitted and declarations made by the tenderer in connection with the tender. Therefore, NMDC expects such documents and declarati ons to be true and authentic. In case it is found, at any stage, that the documents submitted and / or th e declarations made by a tenderer is/ are false, NMDC reserve its right, notwithstanding any other right s/ remedies under the terms and conditions of the tender, to ban business dealing with the tenderer for a period upto two year.
• 24.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 i ndirect or consequential loss or damage, loss of production, loss of use, or loss of profits or interest co sts. AND
• b.The aggregate liability of the supplier/contractor to the employer, whether under the contract, in tort or otherwise including the cost of repairing or replacing defective equipment’s, shall not exceed the 1 00% (hundred percent) of the contract price plus escalation if applicable as per contract, provided tha t this limitation shall not apply to any obligation of the contractor to indemnity the employer with resp ect to copyright, patent infringement, workmen compensation and statutory liabilities in general that t he employer may be required to additionally bear due to default of the supplier/contractor. Bid ATC wi ll supersede the other GEM GTC. If any deviations are not mentioned by the bidder, it is deemed that t hey are agreeing to all Bid ATC.
• 25.COMPLIANCE TO SA8000: - Our Company is certified under SA8000 and as such you are required to confirm your company is complying with the SA8000 standards as per Annexure. CHILD LABOR: - The Company should not use child labour as defined by local law. FORCED LABOR: -The Company shall not use any involuntary or forced labour. HEALTH AND SAFETY: -The Company shall provide safe and healthy work environment. FREEDOM OF ASSOCIATION: - The Company shall recognize and respect the workers right of freedom of association and freedom of expression. DISCIPLINARY PRACTICES: - The Company shall not use corporal punishment or other mental or physical disciplinary actions. WORKING HOURS: - The Company shall adopt working hours, which do not require workers to work mor e than 48 hours in the normal work week. Worker must be allowed at least one day off in every normal seven-day workweek. REMUNERATION: - The Company shall pay wages and benefits and provide compensation for over time consistent with local laws.
• 26.Environmental Laws: Bidders shall comply with all Environmental Laws & Contractual Commitments related to Environmental aspects.
• 27.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.
• 28.Clarification of Bids/ Shortfall Documents: Bidder shall submit all the necessary documents and t echnical details in the offer. Your offer will be evaluated based on the documents submitted by you. No post-bid clarification 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 n ew credentials shall be allowed to be 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 t ender opening and which have not undergone change since then.
• 29.After publishing of tender in GeM portal, if prospective bidders want to submit any representation/clari fication/request against the GeM tender, the same can be submitted in GEM Portal through GEM representation window within the stipulated time period. Any representation/clarification/request throu gh email against the GeM tender shall not be entertained except in case of request for extension of bid due date. Bid due date may be extended at the discretion of NMDC due to administrative reason.
• 30.FORCE MAJEURE CLAUSE:
• a.If at any time during the continuance of the Purchase Order, the performance in whole or in part by either party or any obligation under this Purchase Order is prevented or delayed by reason of any war, hostility, acts of public enmity, civil commotion, sabotage, fires, floods explosions, epide mics, quarantine restrictions or other acts of God, provided notice of the occurrence if any such e vent is given by either party to the other within TWENTY-ONE DAYS from the date of occurrence t hereof.
• b.Neither party shall by reason of such event be entitled to terminate this Purchase Order and neit her party shall have claim for damage against the performance and deliveries in such cases shall be resumed as soon as practicable after such an event has come to an end or has ceased to exist .
• 31.Bidders shall submit complete technical specifications (including brochure if available) along with offer and also shall provide detailed drawings and specifications of all spares.
• 32.After acceptance of the quotation by the Owner, no claim for extra payment submitted by the supplier on ground of any special local / site / design conditions, will be considered.
• 33.Bid ATC will supersede the other GEM GTC. If any deviations are not mentioned by the bidder, it is dee med that they are agreeing to all Bid ATC.
• 34.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 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.
• 35.NMDC is having rate contract with M/s. ARC (M.no. 9685464295) & M/s. Balan Transport (M.no. 94242 93692) for transportation of goods to our project. Hence you may preferably book the consignment with the above transporters.
• 36.Bidders have to submitted the signed and stamp copy of the technical specification docum ent (uploaded in bid document) along with their offer. Any deviations on technical and com mercial points are required to be brought out clearly in a separate sheet. INTEGRITY PACT FORMAT Between NMDC Ltd hereinafter referred to as “The Principal” And _________________________ hereinafter referred to as “The Bidder / Contractor” Preamble The Principal intends to award, under laid –down organizational procedures, contract/s for (Description of t he Equipment). The Principal values full compliance with all relevant laws and regulations, and the principl es of economical use of resources, and of fairness and transparency in its relation with its Bidder/s and /or Contractor/s. In order to achieve these goals, the Principal Cooperates with the renowned international Non-Government al Organization “Transparency International” (TI). Following TI’s national and international experience, the Principal will appoint an external independent Monitor who will monitor the tender process from the begin ning till execution of the contract for compliance with the principles mentioned HEREIN. Section 1- Commitments of the Principal.
• (1)The Principal commits itself to take all measures necessary to prevent corruption and to observe th e following principles:- I.No employee of the Principal, personally or through family members, will in connection with the ten der for, or the execution of a contract demand, take a promise for or accept, for him/herself or third person, any material benefit which he/she is not legally entitled to. II.The Principal will, during the tender process treat all Bidders with equity and reason. The principal will in particular, before and during the tender process, provide to all Bidders the same information a nd will not provide to any Bidder confidential/additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution. III.The Principal will exclude from the process all known prejudiced persons.
• (2)If the Principal obtains information on the conduct of any of its employees which is a criminal offence u nder the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, th e Principal will inform its Vigilance Office and in addition can initiate disciplinary action. SECTION – 2 Commitments of the Bidder/Contractor
• (1)The Bidder / Contractor commit himself to take all measures necessary to prevent corruption. He com mits himself to observe the following principles during his participation in the tender process and durin g the contract execution.
• I.The Bidder / Contractor will not, directly or through any other person or firm, offer, promise or give to the Principal, to any of the Principal’s employee involved in the tender process or the execution of the ANNEXURE contract or to any third person any material or immaterial benefit which he/she is not legally entitled t o, in order to obtain in exchange an advantage during the tender process or the execution of the contr act. II. The Bidder / Contractor will not enter with other Bidders into any illegal agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or action to restrict competitiveness. III. The Bidder / Contractor will not commit any criminal offence under the relevant Anti-corruption Laws of India, further the Bidder/Contractor will not use improperly, for purposes of competition or personal gain, or pass on to others, any information provided by the Principal as part of the business relationshi p, regarding plans, technical proposals and business details, including information contained or transm itted electronically. IV. The Bidder/Contractor will, when presenting his bid, disclose any and all payments he has made, is co mmitted to or intends to make to agents, brokers or any other intermediaries in connection with the a ward of the contract.
• (2)The Bidder / Contractor will not instigate third persons to commit offences outlined above or be an acc essory to such offences.
• (3)The Bidder / Contractor may indicate the advantage of his offer compared to the tender terms and con ditions. The Bidder / Contractor shall not make any commitment whatsoever on the offers / products of other bidder(s) thereby influencing the principal to take decision of the former. Section 3 – Disqualification from tender process and exclusion from future contract
• 1.If the Bidder, before contract award, has committed a serious transgression through a violation of Sec tion 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Princip al is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already si gned, for such reason.
• 2.If the Bidder/Contractor has committed a serious transgression through a violation of section – 2 such as to put his reliability or credibility into question, the principal is entitled also to exclude the Bidder / Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstance s of the case, in particular the number of transgressions, the position of the transgressors with the com pany hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a mini mum of 6 months and maximum of 3 years.
• 3.If the Bidder / Contractor can prove that he has restored/recouped the damage caused by him and ha s installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurel

y.

• 4.A transgression is considered to have occurred if in light of available evidence no reasonable doubt is possible. Section 4 – Forfeiture of Earnest Money Deposit/Security Deposit
• (1)If the Principal has disqualified the Bidder from the tender process prior to the award according to Sect ion 3, the Principal is entitled to forfeit the bidders Earnest Money Deposit.
• (2)If the Principal has terminated the contract according to section – 3, or if the Principal is entitled to ter minate the contract according to section – 3, the principal shall be entitled to forfeit the Earnest Money Deposit/Security Deposit. Section 5 – Previous Transgression
• (1)The Bidder declares that no previous transgression occurred in the last three years with any other co mpany in any country confirming to the TI approach or with any other Public Sector Enterprise in India that could justify it’s exclusion from the tender process.
• (2)If the bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason. Section 6 – Equal treatment of all bidders/contractors/sub-contractors.
• (1)The bidder/contractor undertakes to demand from all sub-contractors the commitment consistent with this integrity pact, and to submit it to the principal before contract signing.
• (2)The principal will enter into agreement with identical conditions as this one with all bidders, contractor s and sub-contractors.
• (3)The principal will disqualify from the tender process all bidders who do not sign this pact and submit i t to the Principal along with the offer. Section 7 – Criminal charges violating Bidders/Contractors/Sub-Contractors If the principal obtains knowledge of conduct of a Bidders/Contractors/Sub-Contractors, or of an employee or a representative or an associate of a Bidders/Contractors/Sub-Contractors which constitutes corruption, or if the principal has substantive suspicion in this regard, the principal will inform the vigilance office. Section 8 – External Independent Monitor
• (1)The principal appoints competent and credible external independent Monitor for this Pact. The task of the monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.
• (2)The monitor is not subject to instructions by the representatives of the parties and performs his functio ns neutrally and independently. He reports to the Chairman of the Board of the Principal.
• (3)The Monitor has the right of access without restriction to all Projects documentation of the Principal. T he Contractor will also grant the monitor, upon his request and demonstration of a valid interest, unli mited access to his project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/Contractor/Subcontr actor with confidentiality.
• (4)The Principal will provide to the Monitor sufficient information about all meetings among the parties rel ated to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such mee tings.
• (5)As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform th e Management of the Principal and request the Management to discontinue or heal the violation, or tak e other relevant action. The monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain fro m action or tolerate action.
• (6)The Monitor will regularly submit a written report to the Chairman of the Board of the Principal and, sh ould the occasion arise, submit proposals for correcting problematic situations.
• (7)If the Monitor has reported to the Chairman of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairman has not, with reasonable time, taken visible a ction to proceed against such offence or reported it to the Vigilance Officer, the Monitor may also tran smit this information directly to the Central Vigilance Commissioner, Government of India. Section 9 – Pact Duration This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the respective contract, and for all other Bidder’s 6 months after the contract has been awarded. Section 10 – Other Provisions
• (1)This agreement is subject to Indian Law. Place of performance and jurisdiction is the Corporate Office of the Principal.
• (2)Changes and supplements as well as termination notices need to be made in writing: Side agreement s have not been made.
• (3)Should one or several provisions of this agreement turn out to be invalid, the remainder of this agree ment remains valid. In this case, the parties will strive to come to an agreement to their original inten tions.
• (4)A person signing Integrity Pact shall not approach the Courts while representing the matters to IEMs a nd he/she will wait their decision in the matter.
• (5)Foreign bidders to disclose the name and address of agents and representatives in India and Indian Bi dders to disclose their foreign principals or associate.
• (6)Bidders to disclose the payments to be made them to agents/brokers or any other intermediary.
• (7)Bidders to disclose any transgressions with any other company that may impinge on the anti-corruptio n principle. _________________________________ ___________________________ For the Principal For the Bidde r/Contractor Place ___________ Witness 1 : ________ ______________ Date_____________ Witness 2: ______________ ________ Format for completeness of Integrity Pact PART-A CERTIFICATE NAME OF THE TENDER: TENDER ENQUIRY NO: DATE OF TENDER ENQUIRY: I/WE hereby undertake that M/s. ……………………………….. confirm completeness of “Integrity Pact” provided in P art-A of the tender document. Signature of the authorized person On behalf of M/s._______________ ANNEXURE Place: Seal and Signature Date: .
• 5.Purchase Preference (Centre) Purchase preference to Micro and Small Enterprises (MSEs): Purchase preference will be given to MSEs as defined in Public Procurement Policy for Micro and Small Enterprises (MSEs) Order, 2012 dated 23.03.2012 issued by Ministry of Micro, Small and Medium Enterprises and its subsequent Orders/Notifications issued by concerned Ministry. If the bidder wants to avail the Purchase preference, the bidder must be the manufacturer of the offered product in case of bid for supply of goods. Traders are excluded from the purview of Public Procurement Policy for Micro and Small Enterprises. In respect of bid for Services, the bidder must be the Service provider of the offered Service. Relevant documentary evidence in this regard shall be uploaded along with the bid in respect of the offered product or service. If L-1 is not an MSE and MSE Seller (s) has/have quoted price within L-1+ 15% of margin of purchase preference /price band defined in relevant policy, such Seller shall be given opportunity to match L-1 price and contract will be awarded for percentage of 25% of total value.
• 6.Purchase Preference (Centre) Purchase Preference linked with Local Content (PP-LC) Policy: The bid clause regarding “Preference to Make In India products” stands modified in this bid and shall be governed by the PPLC Policy No. FP-20013/2/2017-FP-PNG dated 17.11.2020 issued by MoP&NG as amended up to date. Accordingly, bidders with Local Content less than or equal to 20% will be treated as “Non Local Supplier”. The prescribed LC shall be applicable on the date of Bid opening. Sanctions on the bidders for false / wrong declaration or not fulfilling the Local Content requirement shall be as per the PPLC policy. Further following additional provisions are added in the certification and verification of local content provision of the Preference to Make in India clause:
• i.In case of foreign bidder, certificate from the statutory auditor or cost auditor of their own office or subsidiary in India giving the percentage of local content is also acceptable. In case office or subsidiary in India does not exist or Indian office/subsidiary is not required to appoint statutory auditor or cost auditor, certificate from practicing cost accountant or practicing chartered accountant giving the percentage of local content is also acceptable. ii. Along with Each Invoice: The local content certificate (issued by statutory auditor on behalf of procuring company) shall be submitted along with each invoice raised. However, the % of local content may vary with each invoice while maintaining the overall % of local content for the total work/purchase of the pro-rata local content requirement. In case, it is not satisfied cumulatively in the invoices raised up to that stage, the supplier shall indicate how the local content requirement would be met in the subsequent stages. iii. The bidder shall submit an undertaking from the authorized signatory of bidder having the Power of Attorney along with the bid stating the bidder meets the mandatory minimum LC requirement and such undertaking shall become a part of the contract.

Participation by the bidder in RA process would be considered as their consent for extension in offer validity by 30 days by the date of RA initiation.