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INSTRUCTIONS TO TENDERERS :
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GOVERNMENT OF INDIA
DEPARTMENT OF SPACE
ISRO TELEMETRY TRACKING AND COMMAND NETWORK (ISTRAC)
Plot No. 12 & 13, 3rd Main, 2nd Phase
PEENYA INDUSTRIAL AREA, BANGALORE –560 058
Phone No.: 080-28376383 Fax: 080-28094061 E-mail: purchase@istrac.org
INSTRUCTIONS TO TENDERERS AND TERMS AND CONDITIONS OF TENDERS FOR INDIGENOUS STORES ITEMS :
1. ISRO Telemetry Tracking and Command Network [ISTRAC] has implemented e-tender system for ONLINE tenders. ISTRAC invites offers through e-tender portal https://e-procure.isro.gov.in for the supply of items. The suppliers need to get enrolled in the e-tender portal to access tender and submit their offer online. Vendors need to have Digital Signature Certificate as detailed on our e-portal and corporate e-mail ID to register on the above portal. Only online tenders will be accepted. No Manual/Postal/courier/e-mail/Fax offers will be entertained. No Manual tender document will be issued by ISTRAC. Suppliers are requested to note and comply with the Instructions to tenderers for online submission of tenders through E-Procurement System indicated in the document “INSTRUCTIONS TO TENDERERS FOR ONLINE SUBMISSION OF TENDERS THROUGH E-PROCUREMENT”.
2. Sales Tax and/or other duties/levies legally leviable and intended to be
claimed should be distinctly shown separately in the tender.
a. CST/VAT/SERVICE TAX:
With effect from 01.04.2007, Form-D has been withdrawn for Inter-State purchases by
Government Departments. Accordingly, the suppliers have to indicate clearly the
percentage of CST/VAT applicable. Service Tax if any applicable has to be clearly indicated.
b. EXCISE DUTY:
ISTRAC is eligible for Excise Duty Exemption under Ministry of Finance, Department of Revenue, Government of India, vide Central Excise Notification No.10/97-Central Excise, dated 01.03.1997 as amended by Notification No. 16/2007 dated 01.03.2007 and necessary Exemption Certificate will be provided.
3. As a Government of India Department, this office is exempted from payment
of Octroi and similar local levies. Tenderers shall ensure that necessary Exemption
Certificates are obtained by them from the Purchase Officer concerned to avoid any
payment of such levies.
4. a) Your quotation should be valid for 90 days from the date of opening of the tender.
b) Prices are required to be quoted according to the units indicated in the
price bid form. When quotations are given in terms of units
other than those specified in the price bid form, relationship between the
two sets of units must be furnished.
5. Preference will be given to those tenders offering supplies from ready stocks and on the basis of FOR destination/delivery at site.
6. (a) All available technical literature, catalogues and other data in support
of the specifications and details of the items should be attached through online mode only.
(b) Samples, if called for, should be submitted free of all charges by the
tenderer and the Purchaser shall not be responsible for any loss or
damage thereof due to any reason whatsoever. In the event of non-
acceptance of tender, the tenderer will have to remove the samples at
his own expense.
(c) Approximate net and gross weight of the items offered shall be
indicated in your offer. If dimensional details are available the same
should also be indicated in your offer.
(d) Specifications: Stores offered should strictly confirm to our specifications. Deviations, if any, should be clearly indicated by the
tenderer in his quotation. The tenderer should also indicate the Make/Type number of the stores offered and provide catalogues,
technical literature and samples, wherever necessary, along with the
quotations. Test Certificates, wherever necessary, should be
forwarded along with supplies. Wherever options have been called
for in our specifications, the tenderer should address all such options.
Wherever specifically mentioned by us, the tenderer could suggest
changes to specifications with appropriate response for the same.
7. The purchaser shall be under no obligation to accept the lowest or any tender
and reserves the right of acceptance of the whole or any part of the tender or portions of the quantity offered and the tenderers shall supply the same at the rates quoted.
8. All amounts shall be indicated both in words as well as in figures. Where there is difference between amount quoted in words and figures, amount quoted in words shall prevail.
9. The tenderer should supply along with his tender, the name of his bankers as
well as the latest Income-Tax clearance certificate duly countersigned by the Income-Tax Officer of the Circle concerned under the seal of his office, if required by
the Purchaser.
10. The Purchaser reserves the right to place order on the successful tenderer for
additional quantity up to 25% of the quantity offered by them at the rates quoted.
11. The authority of the person signing the tender, if called for, should be produced.
12. For items having shelf life, those with maximum shelf life should be supplied if order is placed.
13. The goods / material offered should be strictly as per our specifications. Change(s) in specifications, if any, should be clearly indicated by the supplier in his quotation. The supplier should also indicate make/type No. of the materials / equipments offered.
14. The drawings, specifications, end-use, etc., given by ISTRAC along with the tender enquiry, are confidential and shall not be disclosed to any third party.
15. In case of two-part tenders, parties shall submit their offers as follows:-
a) Part-I – Technical Bid:
Only Technical details shall be mentioned in this bid and shall not upload any details of price along with the technical bid. Vendor specified terms column is to be filled with out indicating any price details . If any Price detail is mentioned in the Technical Bid such offer shall be rejected.
b) Part-II – Price Bid:
Only the price details along with applicable taxes and other cost if any shall be indicated in the price bid form.
TERMS & CONDITIONS OF TENDER
1. DEFINITIONS:
(a) The term ‘Purchaser’ shall mean the President of India or his successors or assigns.
(b) The term ‘Contractor’ shall mean, the person, firm or company with
whom or with which the order for the supply of stores is placed and
shall be deemed to include the Contractor's successors,
representative, heirs, executors and administrators unless excluded by
the Contract.
c) The term ‘Stores’ shall mean what the Contractor agrees to supply
under the Contract as specified in the Purchase Order including
erection of plants & machinery and subsequent testing, should such a
condition is included in the Purchase Order.
d) The term ‘Purchase Order’ shall mean the communication signed on
behalf of the Purchaser by an Officer duly authorised intimating the
acceptance on behalf of the Purchaser on the terms and conditions
mentioned or referred to in the said communication accepting the tender or offer of the Contractor for supply of stores or plant, machinery or equipment or part thereof.
2. PRICES:
Tender offering firm prices will be preferred. Where a price variation clause is
insisted upon by a tenderer, quotation with a reasonable ceiling should be
submitted. Such offers should invariably be supported by the base price taken into
account at the time of tendering and also the formula for any such variation/s.
3. SECURITY DEPOSIT:
On acceptance of the tender, the Contractor shall, at the option of the
Purchaser and within the period specified by him, deposit with him, in cash or in any
other form as the Purchaser may determine, security deposit not exceeding ten percent of the value of the Contract as the Purchaser shall specify. If the Contractor is called upon by the Purchaser to deposit, ‘Security’ and the Contractor fails to provide the security within the period specified, such failure shall constitute a breach of the Contract, and the Purchaser shall be entitled to make other arrangements for the re-purchase of the stores Contracted at the risk of the Contractor in terms of Sub-Clause (ii) and (iii) of clause 10(b) hereof and/or to recover from the Contractor, damages arising from such cancellation.
4. GUARANTEE & REPLACEMENT:
(a) The Contractor shall guarantee that the stores supplied shall comply fully with
the specifications laid down, for material, workmanship and performance.
(b) For a period of twelve months after the acceptance of the stores, if any defects are discovered therein or any defects therein found to have developed under proper use, arising from faulty stores design or workmanship, the Contractor shall remedy such defects at his own cost provided he is called upon to do so within a period of 14 months from the date of acceptance thereof by the purchaser who shall state in writing in what respect the stores or any part thereof are faulty.
(c) If, in the opinion of the purchaser, it becomes necessary to replace or renew any defective stores such replacement or renewal shall be made by the Contractor free of all costs to the purchaser, provided the notice informing the
Contractor of the defect is given by the purchaser in this regard within the
said period of 14 months from the date of acceptance thereof.
(d) Should the Contractor fail to rectify the defects, the purchaser shall have the
right to reject or repair or replace at the cost of the Contractor the whole or
any portion of the defective stores.
(e) The decision of the purchaser notwithstanding any prior approval or acceptance or inspection thereof on behalf of the purchaser, as to whether or not the stores supplied by the Contractor are defective or any defect has developed with in the said period of 12 months or as to whether the nature of the defects requires renewal or replacement, shall be final, conclusive and binding on the Contractor.
(f) PERFORMANCE BANK GUARANTEE: To fulfil guarantee conditions outlined in clause 4 (a) to (e) above, the Contractor shall, at the option of the purchaser, furnish a Bank Guarantee (as
prescribed by the purchaser) from a Bank approved by the purchaser for an
amount equivalent to 10% of the value of the Contract along with first
shipment documents. On the performance and completion of the Contract in
all respects, the Bank Guarantee will be returned to the Contractor without
any interest.
(g) All the replacement stores shall also be guaranteed for a period of 12 months
from the date of arrival of the stores at purchaser's site.
(h) Even while the 12 months guarantee applies to all stores, in case where a
greater period is called for by our specifications then such a specification shall
apply in such cases the period of 14 months referred to in para 4 (b) & (c)
shall be the ’asked for’ guarantee period plus two months.
5. PACKING FORWARDING & INSURANCE:
The Contractor will be held responsible for the stores being sufficiently and
properly packed for transport by rail, road, sea or air to withstand transit hazards and
ensure safe arrival at the destination. The packing and marking of packages shall be
done by and at the expense of the Contractor. The purchaser will not pay separately
for transit insurance, all risks in transit being exclusively of the Contractor and the Purchaser shall pay only for such stores as are actually received in good condition in
accordance with the Contract.
6. DESPATCH:
The Contractor is responsible for obtaining a clear receipt from the Transport
Authorities specifying the goods despatched. The consignment should be despatched with clear Railway Receipt/Lorry Receipt. If sent in any other mode, it shall be at the risk of the Contractor. Purchaser will take no responsibility for short deliveries or wrong supply of goods when the same are booked on 'said to contain' basis. Purchaser shall pay for only such stores as are actually received by them in accordance with the Contract.
7. TEST CERTIFICATE:
Wherever required, test certificates should be sent along with the despatch
documents.
8. ACCEPTANCE OF STORES:
(a) The stores shall be tendered by the Contractor for inspection at such places
as may be specified by the purchaser at the Contractor's own risk, expense
and cost.
(b) It is expressly agreed that the acceptance of the stores Contracted for, is
subject to final approval by the purchaser, whose decision shall be final.
(c) If, in the opinion of the purchaser, all or any of the stores do not meet the
performance or quality requirements specified in the Purchase Order, they
may be either rejected or accepted at a price to be fixed by the purchaser and
his decision as to rejection and the prices to be fixed shall be final and binding
on the Contractor.
(d) If the whole or any part of the stores supplied are rejected in accordance with
Clause No. 8 (c) above, the purchaser shall be at liberty, with or without
notice to the Contractor, to purchase in the open market at the expense of the
Contractor stores meeting the necessary performance and quality Contracted
for in place of those rejected, provided that either the purchase, or the
agreement to purchase, from another supplier is made within six months from
the date of rejection of the stores as aforesaid.
9. REJECTED STORES:
Rejected stores will remain at destination at the Contractor's risk and responsibility. If instructions for their disposal are not received from the Contractor within a period of 14 days from the date of receipt of the advice of rejection, the purchaser or his representative has, at his discretion, the right to scrap or sell or consign the rejected stores to Contractor's address at the Contractor's entire risk and expense, freight being payable by the Contractor at actuals.
10. DELIVERY:
(a) The time for and the date of delivery of the stores stipulated in the Purchase
Order shall be deemed to be the essence of the Contract and delivery must
be completed on or before the specified dates.
(b) Should the Contractor fail to deliver the stores or any consignment thereof
within the period prescribed for such delivery, the purchaser shall be entitled
at his option either.
(i) to recover from the Contractor as agreed liquidated damages and not
by way of penalty, a sum of 0.5% per week of the price of any stores
which the Contractor has failed to deliver as aforesaid or during which
the delivery of such store may be in arrears subject to a minimum of
10%, or
(ii) to purchase from elsewhere, without notice to the Contractor on the
account and at the risk of the Contractor, the stores not delivered or
others of a similar description (where others exactly complying with the
particulars, are not, in the opinion of the purchaser, readily procurable,
such opinion being final) without cancelling the Contract in respect of
the consignment (s) not yet due for delivery, or
(iii) to cancel the Contract or a portion thereof and if so desired to
purchase or authorise the purchase of stores not so delivered or others
of a similar description (where others exactly if complying with the
particulars are not, in the opinion of the purchaser, readily procurable,
such opinion final) at the risk and cost of the Contractor.
In the event of action being taken under sub-clause (ii) & (iii) of clause 10 (b)
above, the Contractor shall be liable for any loss which the purchaser may sustain on that account, provided that the re-purchase or if there is an agreement to re-purchase then such agreement is made within six months from the date of such failure. But the Contractor shall not be entitled to any gain on such re-purchase made against default. The manner and method of such re-purchase shall be at the discretion of the purchaser, whose decision shall be final. It shall not be necessary for the purchaser to serve a notice of such re-purchase on the defaulting Contractor. This right shall be without prejudice to the right of the purchaser to recover damages
for breach of Contract by the Contractor.
11. EXTENSION OF TIME:
As soon as it is apparent that the Contract dates cannot be adhered to, an
application shall be sent by the Contractor to the purchaser. If failure, on the part of the Contractor, to deliver the stores in proper time shall have arisen from any cause which the purchaser may admit as reasonable ground for an extension of the time (and his decision shall be final) he may allow such additional time as he considers it to be justified by circumstances, of the case without prejudice to the purchaser's right to recover liquidated damages under clause 10 thereof.
12. ERECTION OF PLANT & MACHINERY:
Wherever erection of a plant or machinery is the responsibility of the
Contractor as per the terms of the Contract and in case the Contractor fails to carry out the erection as and when called upon to do so within the period specified by the purchaser, the purchaser shall have the right to get the erection done through any source of his choice. In such an event, the Contractor shall be liable to bear any additional expenditure that the purchaser is liable to incur towards erection. The Contractor shall, however, not be entitled to any gain due to such an action by the
purchaser.
13. PAYMENT:
a. Contractor's bill will be passed for payment only after the stores have been
received, inspected and accepted by the Purchaser.
b. In case of AMC/CAMC the payment will be made on pro-rata quarterly basis after satisfactory completion of service for the respective quarter against submission of bills duly certified by Engineer in-charge, ISTRAC and endorsed by their Division Head
14. MODE OF PAYMENT:
Normally payment will be made for the accepted stores within 30 days from
the date of receipt of the materials.
15. RECOVERY OF SUM DUE:
Whenever any claim for the payment of, whether liquidated or not, money
arising out of or under this Contract against the Contractor, the purchaser shall be entitled to recover such sum by appropriating in part or whole, the security deposited
by the Contractor, if a security is taken against the Contract. In the event of the security being insufficient or if no security has been taken from the Contractor, then the balance or the total sum recoverable as the case may be, shall be deducted from any sum then due or which at any time thereafter may become due to the Contractor under this or any other Contract with the purchaser. Should this sum be not sufficient to cover the full amount recoverable, the Contractor shall pay to the purchaser on demand the remaining balance due. Similarly, if the purchaser has or makes any claim, whether liquidated or not, against the Contractor under any other Contract with the purchaser, the payment of all moneys payable under the Contract to the Contractor including the security deposit shall be withheld till such claims of the purchaser are finally adjudicated upon and paid by the Contractor.
16. INDEMNITY:
The Contractor shall warrant and be deemed to have warranted that all stores
supplied against this Contract are free and clean of infringement of any Patent, Copyright or Trademark, and shall at all times indemnify the purchaser against all claims which may be made in respect of the stores for infringement of any right protected by Patent Registration of design or Trade mark and shall take all risk of accidents or damage which may cause a failure of the supply from whatever cause arising and the entire responsibility for sufficiency of all means used by him for the fulfilment of the contact.
17. ARBITRATION:
In the event of any question, dispute or difference arising under these
conditions or any conditions contained in the Purchase Order or in connection with this Contract (except as to any matter the decision of which is specially provided for by these conditions), the same shall be referred to the sole arbitration of the Head of the Purchase office or some other person appointed by him. It will be no objection that the arbitrator is a Government servant, that he had to deal with matter to which the Contract relates or that in the course of his duties as Government servant he has expressed views on all or any other matters in dispute or difference. The award of the arbitrator shall be final and binding on the parties of this Contract.
If the arbitrator be the Head of the Centre/Unit –
(i) In the event of his being transferred or vacating his office by resignation or otherwise, it shall be lawful for his successor-in office either to proceed with reference himself, or to appoint another person as arbitrator, or
(ii) In the event of his being unwilling or unable to act for any reason, it
shall be lawful for the Head of the Centre/Unit to appoint another
person as arbitrator.
If the arbitrator be a person appointed by the Head of the Purchase Office –
In the event of his dying, neglecting or refusing to act or resigning or being unable to
act, for any reason, it shall be lawful for the Head of the Centre/Unit either to
proceed with the reference himself or appoint another person as arbitrator in place of
the outgoing arbitrator.
Subject as aforesaid the Arbitration & Conciliation Act 1996 and the rules
thereunder and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this Clause. The Arbitrator shall have the power to extend with the consent of the purchaser and the Contractor the time for making and publishing the award. The venue of arbitration shall be the place as purchaser in his absolute discretion may determine. Work under the Contract shall, if reasonably possible, continue during arbitration proceedings.
In the event of any dispute or difference relating to the interpretation and
application for the provisions of the Contracts, such dispute or difference shall be referred by either party to Arbitration of one of the Arbitrations in the Department of Public Enterprises. The Arbitration Act 1996 shall not be applicable to arbitration under this clause. The award of the Arbitrator shall be binding upon the parties to the dispute provided however any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs. Ministry of Law & Justice, Govt. of India. The parties to the dispute will share equally, the cost of arbitration as intimated by Arbitrator.
18. COUNTER TERMS AND CONDITION OF SUPPLIERS:
Where counter terms and conditions printed or cyclostyled conditions have
been offered by the supplier, the same shall not be deemed to have been accepted by the Purchaser, unless specific written acceptance thereof is obtained.
19. SECURITY FOR PURCHASE OF MATERIALS:
Successful tenderer will have to furnish in the form of a bank guarantee or
any other form as called for by the purchaser towards adequate security for the materials and properties provided by the Purchaser for the due execution of the Contract.
20. Bank Guarantee towards Free Issue Materials (FIM):
The successfull Tenderers shall furnish Bank Guarantee (BG) towards the cost of Free Issue Materials issued by Purchaser towards adequate Security for the FIM for the execution of the Contract. The BG is to be kept valid till supply and acceptance of the final product.
21. Earnest Money Deposit/Bid Security:
a. The Tender should be accompanied with an Earnest Money Deposit for a prescribed amount wherever called for in the Notice Inviting Tender [NIT].Foreign vendors, registered vendors or vendors who have already applied for renewal of registration, Central PSUs/ PSEs/ Autonomous Bodies, Micro and Small Enterprises, KVIC, National Small Industries Corporation, etc., are exempted from the payment of EMD.
b. In case, the vendors are falling under the category of MSME, registered under NSIC and would like to avail exemptions, their quotations should be accompanied with necessary registration certificate with declaration to consider their offer. Quotation received without such declaration and valid registration certificate will not be considered for exemptions under Public Procurement Policy.
22. Risk Purchase:
In case Contractor fails to deliver and install the Stores/Equipment or any part thereof, within the period fixed for such delivery and installation or at any time repudiates the Contract before expiry of such period, the purchaser is entitled to terminate or cancel the Contract and to repurchase the stores not delivered at the risk and cost of the contractor and the contractor shall be liable for any loss which the Purchaser may sustain on that account limited to the contract value.
23. Parallel Contract:
ISTRAC reserves the right to enter into Parallel Contract/s with one or more Contractors.
INSTRUCTIONS TO TENDERERS AND TERMS AND CONDITIONS OF TENDERS FOR IMPORTED STORES ITEMS:
1. ISRO Telemetry Tracking and Command Network [ISTRAC] has implemented e-tender system for ONLINE tenders. ISTRAC invites offers through e-tender portal https://e-procure.isro.gov.in for the supply of items. The suppliers need to get enrolled in the e-tender portal to access tender and submit their offer online. Vendors need to have Digital Signature Certificate as detailed on our e-portal and corporate e-mail ID to register on the above portal. Only online tenders will be accepted. No Manual/Postal/courier/e-mail/Fax offers will be entertained. No Manual tender document will be issued by ISTRAC. Suppliers are requested to note and comply with the Instructions to tenderers for online submission of tenders through E-Procurement System indicated in the document “Instructions-for-Online-Submission-of tenders-EGPS.pdf”.
2. Suppliers are requested to submit their offer/quotation online complete in all respects with technical specifications, including pamphlets and catalogues.
3. In case of two-part tenders, parties shall submit their offers as follows:-
a) Part-I – Technical Bid:
Only Technical details shall be mentioned in this bid and shall not upload any details of price along with the technical bid. Vendor specified terms column is to be filled with out indicating any price details. If any Price detail is mentioned in the Technical Bid such offer shall be rejected.
b) Part-II – Price Bid:
Only the price details along with applicable taxes and other cost if any shall be indicated in the price bid form.
4. The offer shall contain the following information as applicable. A Proforma Invoice may also be attached containing the following information :
a) The FOB/FCA value, the C & F value for import by Sea freight / Air freight
up to and for air parcel post up to .............................................................
should be separately indicated.
b) Agency Commission: The amount of commission included in the price and
payable to the Indian Agent of the Contractor shall be paid directly to the
Indian Agent by the Purchaser in equivalent Indian Rupees on the basis of
an Invoice from him applying T.T. buying rate of exchange ruling on the
date of placement of the Purchase Order and which shall not be subject to
any further exchange variations. This payment will be released to the
Indian Agent immediately after Customs clearance of the goods in India.
c) The Contractor shall invoice only for the net amount payable to him, after
deducting the amount of Agency Commission included in the invoice which
will be paid to the Indian Agent directly by the Purchaser. However, the
Contractor's invoice should separately reflect the amount of commission
payable to his Indian Agent.
d) The earliest delivery period and country of origin of the Stores.
e) Banker's name, address, telephone/fax Nos. & e-Mail ID of the Contractor.
f) The approximate net and gross weight and dimensions of packages /
cases.
g) Recommended spares for satisfactory operation for a minimum period of
one year.
h) Details of any technical service, if required for erection, assembly,
commissioning and demonstration.
5. The FOB/FCA and C & F prices quoted should be inclusive of all taxes, levies,
duties arising in the tenderer's country.
6. The offer should be valid for a minimum period of 120 days from the due date
of opening of the tender.
7. Samples, if called for, should be sent free of all charges.
8. Offers made by Indian Agents on behalf of their Principals, should be
supported by the proforma invoice of their Principals.
9. The details of Import License will be furnished in the purchase order.
10. The authority of person signing the tender, if called for, shall be produced.
11. Instructions / Operation Manual containing all assembly details including wiring
diagrams should be attached through online mode only. All documents /
correspondence should be in English language only.
12. The Purchaser reserves the right to accept or reject the lowest or any offer in
whole or part without assigning any reason.
13. It is expressly agreed that the acceptance of the Stores Contracted for is
subject to final approval in writing by the Purchaser.
14. a) Part shipment is not allowed unless specifically agreed to by us.
b) As far as possible stores should be despatched by Indian Flag Vessels /
Air India through any Agency nominated by us.
15. Inspection / Test Certificate should be provided for the goods after testing it
thoroughly at the Contractor's works. If any Inspection by Lloyds or any other
testing agency is considered necessary, it shall be arranged by Contractors.
16. Where erection or assembly or commissioning is a part of the Contract, it
should be done immediately on notification. The Contractor shall be
responsible for any loss/damage sustained due to delay in fulfilling this
responsibility.
17. For items having shelf life, those with maximum shelf life should be supplied if
order is placed.
18. The goods / material offered should be strictly as per our specifications. Change(s) in specifications, if any, should be clearly indicated by the supplier in his quotation. The supplier should also indicate make/type No. of the materials / equipments offered.
19. Indian Agents while quoting on behalf of their principals shall attach necessary authorization letter from their Principals along with the bid.
20. In a tender, either the Indian Agent on behalf of the Principal/OEM or Principal/ OEM itself can bid but both cannot bid simultaneously for the same item/product in the same tender.
21. If an Indian agent submits bid on behalf of the Principal/OEM, the same Indian agent shall not submit a bid on behalf of another Principal/OEM in the same tender for the same item/product.
22. If a firm quotes `Nil’ charges/consideration, the bid shall be treated as unresponsive and will not be considered;
23. The drawings, specifications, end-use, etc., given by ISTRAC along with the tender enquiry,
are confidential and shall not be disclosed to any third party.
TERMS AND CONDITIONS OF THE TENDER:
1. DEFINITIONS:
(a) The term 'Purchaser' shall mean the President of India or his successors
or assignees.
(b) The term 'Contractor' shall mean, the person, firm or company with whom
or with which the order for the supply of stores is placed and shall be
deemed to include the Contractor's Successors, representatives, heirs,
executors and administrators unless excluded by the Contract.
(c) The term 'Purchase Order' shall mean the communication signed on behalf
of the Purchaser by an officer duly authorised intimating the acceptance on
behalf of the Purchaser on the terms and conditions mentioned or referred
to in the said communication accepting the Tender or offer of the
Contractor for supply of stores of plant, machinery or equipment of part
thereof.
(d) The term 'Stores' shall mean what the Contractor agrees to supply under
the Contract as specified in the Purchase Order.
2. PRICES:
Tenders offering firm prices will be preferred. Where a price variation clause is
insisted upon by a tenderer, quotations with a reasonable ceiling should be
submitted. Such offers should invariably be supported by the base price taken
into account at the time of tendering and also the formula for any such
variations.
3. TERMS OF PAYMENT:
3.1 Being a Department of the Government of India, the normal terms of
payment are by Sight Draft. However other terms of payment like
establishment of Letter of Credit may be considered by the Purchaser on
such terms and conditions as may be agreed upon.
3.2 The Sight Draft / Letter of Credit will be operative on presentation of the
undermentioned documents:
a) Original Bill of Lading / Airway Bill
b) Commercially certified invoices describing the stores delivered,
quantity, unit rate and their total value, in triplicate. The invoice should
indicate the discounts, if any, and Agency Commission separately.
c) Packing List showing individual dimensions and weight of packages.
d) Country of Origin Certificate in duplicate.
e) Test Certificate.
f) Declaration by the Seller that the contents in each case are not less
than those entered in the invoices and the quality of the Stores are
guaranteed as per the specifications asked for by the Purchaser.
g) Warrantee and guarantee Certificate/s vide Clause 20 hereinbelow
4. IMPORT LICENCE:
Reference to Import License No. & date and Contract number & date shall be
prominently indicated in all the documents vide para 3.2
5. DEMURRAGE:
Supplier shall bear demurrage charges, if any, incurred by the purchaser due
to delayed presentation of shipping documents as prescribed in para 3.2 to the
bankers within a reasonable time (say within 10-12 days) from the date of bill
of lading for sea consignments and within 3-4 days from the date of Air Way
Bill for air consignments.
6. ADDRESS OF INDIAN AGENTS:
……………………………………….
7. GUARANTEED TIME DELIVERY:
The time for and the date of delivery stipulated in the Purchase Order shall be
deemed to be the essence of the Contract. Delivery must be completed within
the date specified therein.
8. INSPECTION AND ACCEPTANCE TEST:
8.1 The Purchaser's representatives shall also be entitled at all reasonable
times during manufacture to inspect, examine and test on the Contractor's
premises the material and workmanship of all stores to be supplied under
this Contract and if part of the said stores is being manufactured on other
premises, the Contractor shall obtain for the purchaser's representative
permission to inspect, examine and test as if the equipment were being
manufactured on the Contractor's premises. Such inspection, examination
and testing shall not release the Contractor from the obligations under this
Contract.
8.2 For tests on the premises of the Contractor or of any of his sub-
Contractors, the Contractor shall provide free of cost assistance, labour,
material, electricity, fuel and instruments as may be required or as may be
reasonably needed by the purchaser's representative to carry out the tests
efficiently.
8.3 When the stores have passed the specified test, the purchaser's
representative shall furnish a certificate to the effect in writing to the
Contractor. The Contractor shall provide copies of the test/s certificates to
the purchaser as may be required.
9. MODE OF DESPATCH:
Generally, stores should be despatched through Indian Flagged Vessel / Air
India or through any other Agency nominated by the purchaser. A copy of the
invoice and packing list should invariably be kept inside each of the packages.
10. PORT OF ENTRY:
Thiruvananthapuram/Chennai/Mumbai/Hyderabad/Bangalore/……………
…………..
11. CONSIGNEE:
Purchase & Stores Officer(Stores)
Plot No. 12 & 13, III Main, II Phase,
Peenya industrial Area,
Bangalore-560058
_________________________________,
12. SHIPPING MARKS.
The mark on the shipping documents such as invoice, bill of lading and on the
packages should be as follow:
PURCHASE ORDER NO. …………………………..
DATED …………………….
GOVERN MENT OF INDIA
DEPARTMENT OF SPACE
ISTRAC/ISRO
Plot No. 12 & 13, III Main, II Phase,
Peenya industrial Area
Bangalore-560058
Destination: ............................ &
Port of Entry: .........................
13. INSURANCE OF THE STORES:
The necessity or otherwise of insurance will be as indicated in the Purchase
Order.
14. CONTRACTOR'S DEFAULT LIABILITY:
14.1 The purchaser may upon written notice of default to the Contractor
terminate the Contract in whole or in part in circumstances detailed
hereunder:
a) If in the judgement of the Purchaser the Contractor fails to make
delivery of Stores within the time specified in the Contract/agreement or
within the period for which extension has been granted by the
Purchaser to the Contractor.
b) If in the judgment of the Purchaser the Contractor fails to comply with
any of the other provisions of this Contract.
15. In the event the Purchaser terminates the Contract in whole or in part as
provided in Clause 14 the Purchaser reserves the right to Purchase, upon such
terms and in such a manner as he may deem appropriate, stores similar to that
terminated and the Contractor shall be liable to the Purchaser for any additional
costs for such similar stores and/or for liquidated damages for delay as defined in
Clause 19 until such reasonable time as may be required for the final supply of
stores.
15.1 If this Contract is terminated as provided in Clause 14 the Purchaser in addition
to any other rights provided in this Article, may require the Contractor to
transfer title and deliver to the Purchaser under any of the following clauses in
the manner and as directed by the Purchaser:
a) Any completed stores.
b) Such partially completed stores, drawing, information and Contract
rights (hereinafter called manufacturing material) as the Contractor has
specifically produced or acquired for the performance of the Contract
as terminated. The Purchaser shall pay to the Contractor the Contract
price for completed stores delivered to and accepted, by the purchaser
and for manufacturing material delivered and accepted.
15.2 In the event the Purchaser does not terminate the Contract as provided in
Clause 14, the Contractor shall continue the performance of the Contract in
which case he shall be liable to the purchaser for liquidated damages for delay
as set out in Clause 19 until the stores are accepted.
16. REPLACEMENT:
If the stores or any portion thereof is damaged or lost during transit, the
Purchaser shall give notice to the Contractor setting forth particulars of such
stores damaged or lost during transit. The replacement of such stores shall be
effected by the Contractor within a reasonable time to avoid unnecessary
delay in the intended usage of the Stores. In case the purchaser agrees, the
price towards replacement items shall be paid by the purchaser on the basis of
original price quoted in the tender or as reasonably worked out from the
tender.
17. REJECTION :
In the event that any of the stores supplied by the Contractor is found defective
in material or workmanship or otherwise not in conformity with the
requirements of the Contract specifications, the purchaser shall either reject
the stores or request the Contractor, in writing, to rectify the same. The
Contractor, on receipt of such notification, shall either rectify or replace the
defective stores free of cost to the purchaser. If the Contractor fails to do so,
the purchaser may at his option either –
a) replace or rectify such defective stores and recover the extra cost so
involved from the Contractor, or
b) terminate the Contract for default as provided under clause 14 above, or
c) acquire the defective stores at a reduced price considered equitable under
the circumstances. The provision of this article shall not prejudice the
Purchaser's rights under clause 19.
18. EXTENSION OF TIME:
If the completion of supply of stores is delayed due to reason of force majeure
such as acts of god, acts of public enemy, acts of Government, fires, floods,
epidemics, quarantine restriction, strikes, freight embargoes, etc., the
Contractor shall give notice within 15 days to the purchaser in writing of his
claim for an extension of time. The purchaser on receipt of such notice after
verification, if necessary, may agree to extend the Contract delivery date as
may be reasonable but without prejudice to other terms and conditions of the
Contract.
19. DELAY IN COMPLETION / LIQUIDATED DAMAGES:
If the Contractor fails to deliver the stores within the time specified in the
Contract or any extension thereof, the purchaser shall recover from the
Contractor as liquidated damages a sum of one-half of one percent (0.5
percent) of the Contract price of the undelivered stores for each calendar week
of delay. The total liquidated damages shall not exceed ten percent (10
percent) of the Contract price of the unit or units so delayed. Stores will be
deemed to have been delivered only when all their component parts are also
delivered. If certain components are not delivered in time, the stores will be
considered as delayed until such time as the missing parts are delivered.
20. GUARANTEE & REPLACEMENT:
a) The Contractor shall guarantee that the stores supplied shall comply fully with
the specifications laid down for material, workmanship and performance.
b) For a period of twelve months after the acceptance of the stores, if any defects
are discovered therein or any defects therein are found to have developed
under proper use arising from faulty materials, design or workmanship, the
Contractor shall remedy such defects at his own cost provided he is called
upon to do so within a period of 14 months from the date of acceptance
thereof by the Purchaser who shall state in writing in what respect the stores
or any parts thereof are faulty.
c) If in the opinion of the purchaser it becomes necessary to replace or renew
any defective stores, such replacements or renewals shall be made by the
Contractor free of all costs to the purchaser provided the notice informing the
Contractor of the defect is given by the purchaser in this regard within the said
period of 14 months from the date of acceptance thereof.
d) Should the Contractor fail to rectify the defects, the purchaser shall have the
right to reject or repair or replace at the cost of the Contractor the whole or any
portion of the defective stores.
e) The decision of the Purchaser, notwithstanding any prior approval or
acceptance or inspection thereof on behalf of the purchaser, as to whether or
not the stores supplied by the Contractor are defective or any defects has
developed within the said period of 12 months or as to whether the nature of
the defects requires renewal or replacement shall be final, conclusive and
binding on the Contractor.
f) PERFORMANCE BANK GUARANTEE:
To fulfill guarantee conditions outlined in Clause 20 (a) to (e) above, the
Contractor shall, at the option of the purchaser, furnish a Bank Guarantee (as
prescribed by the purchaser - Bank Guarantee format enclosed) from a Bank
approved by the purchaser for an amount equivalent to 10% of the value of the
Contract along with first shipment documents. On the performance and
completion of the Contract in all respects, the Bank Guarantee will be returned
to the Contractor without any interest.
g) All the replacement stores shall also be guaranteed for a period of 12 months
from the date of arrival of stores at purchaser's site.
h) Even while the 12 months guarantee applies to all stores, in case where a
greater period is called for by our specifications, then such a specification shall
apply, and in such cases, the period of 14 months referred to in Clause 20 (b)
and (c) shall be asked for guarantee period plus two months.
21 REQUIREMENT OF ADDITIONAL NUMBERS OF THE STORES/SPARE
PARTS ORDERED:
The Contractor shall also undertake the supply of additional number of items
covered by the order as considered necessary by the purchaser at a later
date, the actual price to be paid shall be mutually agreed to after negotiations.
22. PACKING:
a) The Contractor wherever applicable shall pack and crate all stores for sea /
air shipment as applicable in a manner suitable for export to a tropical
humid climate, in accordance with internationally accepted export practices
and in such a manner so as to protect it from damage and deterioration in
transit by road, rail or sea for space qualified stores. The Contractors shall
be held responsible for all damages due to improper packing.
b) The Contractor shall ensure that each box / unit of shipment is legible and
properly marked for correct identification. The failure to comply with this
requirement shall make the Contractor liable for additional expenses
involved.
c) The Contractor shall notify the purchaser of the date of shipment from the
port of embarkation as well as the expected date of arrival of such
shipment at the designated port of arrival.
d) The Contractor shall give complete shipment information concerning the
weight, size, content of each packages, etc.
e) Transshipment of equipment shall not be permitted except with the written
permission of the purchaser.
f) Apart from the despatch documents negotiated through Bank, the following
documents shall also be airmailed to the purchaser within 7 days from the
date of shipment by sea and within 3 days in case of air-consignments:
a) Commercial Bill of Lading / Air Way Bill / Post parcel Receipt. (Two
non-negotiable copies)
b) Invoice (3 copies)
c) Packing List (3 copies)
d) Test Certificate (3 copies)
e) Certificate of Origin.
The Contractor shall also ensure that one copy of the packing list is
enclosed in each case.
23. ARBITRATION:
If at any time any question, dispute or difference whatsoever shall arise
between the purchaser and the Contractor upon or in connection with this
Contract, either party may forthwith give to the other notice in writing of the
existence of such question, dispute or difference and the same shall be
referred to the adjudication of two arbitrators, one to be nominated by
purchaser, other by a Contractor and in the event of any difference of opinion,
the arbitrators will refer the matter to the umpire. The arbitration shall be
conducted in accordance with the rules and procedure for arbitration of the
International Chamber of Commerce at Paris. The expenses of the arbitrators
and umpire shall be paid as may be determined by them. However, the venue
of such arbitration should be in India.
24. LANGUAGE AND MEASURES:
All documents pertaining to the Contract including specification, schedule,
notice, correspondence, operating and maintenance instructions, drawings or
any other writings shall be written in English language. The metric system of
measurement shall be used exclusively in the Contract.
25. INDEMNITY:
The Contractor shall warrant and be deemed to have warranted that all Stores
supplied against this Contract are free and clean of infringement of any patent,
copyright or trade mark and shall at all times indemnify the purchaser against
all claims which may be made in respect of stores for infringement of any right
protected by Patent, Registration of design or Trade Mark, and shall take all
risk of accident or damage which may cause a failure of the supply from
whatever cause arising and the entire responsibility for the sufficiency of all the
means used by him for the fulfillment of the Contract.
26. COUNTER TERMS AND CONDITIONS OF SUPPLIERS:
Where counter terms and conditions/printed or cyclostyled conditions have
been offered by the supplier, the same shall not be deemed to have been
accepted by the purchaser unless specific written acceptance thereof is
obtained.
27. SECURITY INTEREST:
On each item to be delivered under this Contract, including an item of work in
progress in respect of which payments have been made in accordance with
the terms of the Contract, purchaser shall have a security interest in such
items which shall be deemed to be released only at the time when the
applicable deliverable item is finally accepted and delivered to the purchaser in
accordance with the terms of the Contract. Such security interest of the
purchaser shall constitute a prior charge as against any other charge or
interest created in respect of such items by any entity.
28. BANK CHARGES:
While the purchaser shall bear the bank charge payable to his Bankers (State Bank of India), the Contractor shall bear the Bank charges payable to his Bankers including the cheques towards advising amendment commissions.
29. TRAINING:
The Contractor shall, if required by the purchaser, provide facilities for the
practical training of Purchaser's engineering / technical personnel from India
and for their active association on the manufacturing processes throughout the
manufacturing period of the Contract / stores, number of such personnel to be
mutually agreed upon.
30. APPLICABLE LAW:
The Contract shall be interpreted, construed and governed by the laws of India.
31. Bank Guarantee towards Free Issue Materials (FIM):
The successfull Tenderers shall furnish Bank Guarantee (BG) towards the cost of Free Issue Materials issued by Purchaser towards adequate Security for the FIM for the execution of the Contract. The BG is to be kept valid till supply and acceptance of the final product.
32. Customs Duty:
ISTRAC is eligible for concessional Customs duty @ 5.15% vide Notification No.51/96-Cus dated 23.07.1996 as amended vide Customs Notification No. 24/2007 dated 01.03.2007. The necessary Customs Duty Exemption Certification [CDEC] shall be provided by ISTRAC for Imported Items. Tenderers are requested to take note of this aspect while submitting the offer wherever applicable.
33. High Sea Sale:
Tenderers submitting offer[s] against High Sea Sale Trade, the price of such offers be in Indian Rupees only and shall be inclusive of Freight and Clearance Charges for delivery up to ISTRAC, Bengaluru. The offers shall be Firm, Fixed Price without any variation in Exchange Conversion Rate whatsoever. No Sales Tax will be applicable for High Sea Sale. Customs Duty Exemption Certificate 51/96 will be provided by ISTRAC. Customs Duty at actuals will be reimbursed against documentary evidence such as Bill of Entry.
34. Earnest Money Deposit/Bid Security:
a. The Tender should be accompanied with an Earnest Money Deposit for a prescribed amount wherever called for in the Notice Inviting Tender [NIT].Foreign vendors, registered vendors or vendors who have already applied for renewal of registration, Central PSUs/ PSEs/ Autonomous Bodies, Micro and Small Enterprises, KVIC, National Small Industries Corporation, etc., are exempted from the payment of EMD.
b. In case, the vendors are falling under the category of MSME, registered under NSIC and would like to avail exemptions, their quotations should be accompanied with necessary registration certificate with declaration to consider their offer. Quotation received without such declaration and valid registration certificate will not be considered for exemptions under Public Procurement Policy.
35. Risk Purchase:
In case Contractor fails to deliver and install the Stores/Equipment or any part thereof, within the period fixed for such delivery and installation or at any time repudiates the Contract before expiry of such period, the purchaser is entitled to terminate or cancel the Contract and to repurchase the stores not delivered at the risk and cost of the contractor and the contractor shall be liable for any loss which the Purchaser may sustain on that account limited to the contract value.
36. Parallel Contract:
ISTRAC reserves the right to enter into Parallel Contract/s with one or more Contractors.
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