NPCIL e-Tenders

E-SPT/SUPPLY-1

Cost of Tender document Rs 2,247/-

NUCLEAR POWER CORPORATION OF INDIA LIMITED (A Government of India Enterprise)

DIRECTORATE OF CONTRACTS & MATERIALS MANAGEMENT

TENDER DOCUMENT

SECTION-A INVITATION TO TENDER AND TENDERING

CONDITIONS

SECTION -B CONDITIONS OF CONTRACT

SECTION -C TECHNICAL SPECIFICATIONS OF STORES

SECTION -D FORMAT FOR SUBMISSION OF BID

To M/s.

E SPT/SUPPLY 1

SECTION A

INVITATION TO TENDER AND TENDERING CONDITIONS

e-SPT/SUPPLY-1

NUCLEAR POWER CORPORATION OF INDIA LIMITED (A Government of India Enterprise)

DIRECTORATE OF CONTRACTS & MATERIALS MANAGEMENT

Phone No. 91-22-2599 3000 / 1000 Fax No. 91-22-2558 0741

Tender Section, A-'0' Block,

Ground Floor, Nabhikiya Urja Bhavan, Anushakti Nagar, Mumbai 400 094.

INVITATION TO TENDER

To M/s.

Tender No. CMM/MISC/00-00-5-4001 Last Date & Time for Receipt of online-Bid

As per tender Details in NIT

*Date & Time of Opening of Tender

As per tender Details in NIT

Dear Sirs,

Sub: Comprehensive Annual Maintenance Contract (CAMC) of PCs/Printers/Laptops & All-in-one PCs at NUB, VSB, WTC, TV Stores, Resident PCs in Mumbai and QA Offices spread all over India.

For and on behalf of Nuclear Power Corporation of India Ltd., Executive Director, Directorate of Contracts & Materials Management invites bids in E-mode for the above plant/machinery/equipment/materials as detailed in Section- ‘C’ of this tender document. The conditions of contract which will govern the contract pursuant to the tender are as contained in Section-B of this tender document. If you are in a position to quote for the supply in accordance with the tender requirements, please submit your bid in the attached bidding forms i.e. TENDER FORM CMM-44A/Rev.2. Your bid must be submitted in E-mode at our NPCIL E-Tendering Web Site i.e. https://npcil.etenders.in on or before the due date and time mentioned above.

Yours faithfully,

Sd/- (K.V. A Raju)

Manager (Contracts) For and on behalf of Nuclear Power Corporation of India Ltd.

(The Purchaser) * Strike off if not a Public Tender

E-SPT/SUPPLY-1

NUCLEAR POWER CORPORATION OF INDIA LIMITED

SECTION-A

INVITATION TO TENDER AND TENDERING CONDITIONS FOR SUPPLY OF INDIGENOUS STORES

(SINGLE PART E-TENDER) 1 Mode of Submission of E-bids 1.1 The bid (E-bid) shall be submitted in E-mode at our NPCIL E-Tendering Web Site i.e.

https://npcil.etenders.inon or before the due date and time mentioned below :-

Tender No. CMM/MISC/00-00-5-4001 DATED As per Tender Details in NIT

Last date for submission of E-bids As per Tender Details in NIT

It is in the interest of the Tenderers to ensure that the e-Bids are submitted well in time. e-Bids shall be submitted only on our NPCIL e-Tendering Web Site i.e. https://npcil.etenders.in Bids in hard copy/any other form shall not be accepted in any case.

1.2 The Tender Fee as prescribed shall be paid ON-LINE, upon which the participation in the Tender

process is allowed. Micro and Small enterprises ( MSE’s) registered with District Industries Centres or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation(NSIC) or Directorate of Handicrafts and Handlooms or any other body specified by the Ministry of MSME are exempted from payment of Tender Fee irrespective of the monetary limit mentioned in their registration certificate provided they furnish registration certificates valid as on the due date of submission of the Tender for the items they intend to quote herein. Soft copy of such valid certificate is to be uploaded as per the provisions in the e-Tender process on or before the due date for e-Bid submission. In case such a certificate is found to be defective or invalid, such bids shall be rejected.

1.3 In case of Public Tender(PT) there is no restriction for participation in the Tender. In case of Limited Tenders (LT) or Single Tenders(ST), participation is allowed only to the intended bidders who can do online submission of their bids. However, the Tenderers are required to meet the Qualification Criteria stipulated, if any, under the Tender.

1.4 One Bid per Bidder: Each bidder shall submit only one e-Bid for this tender. A bidder who submits

or participates in more than one e-Bid for this tender will cause the bidder’s participation to be disqualified for all such e-bids.

In addition, if any Tender’s participation herein leads to Conflict of Interest, their bid is liable to be rejected.

2 Qualifying Requirements

2.1 Refer to Appendix ‘X’ for the details of the requirements need to be met by the bidders.

NUCLEAR POWER CORPORATION OF INDIA LIMITED Invitation To Tender and Tendering Conditions for Supply of Indigenous Stores

e-SPT/SUPPLY-1 ITT 2 of 12

2.2 The bidders while submitting the e-Bid are required to upload all supporting documents / information necessary for establishing their qualification in e-Envelope only on the e-portal. Failure to comply with this requirement will lead to rejection of the E-bid.

2.3 A bidder participating in this tender can participate either as a contractor or as a sub-contractor, but not as both contractor and sub-contractor of another contractor. However, a sub-contractor can participate as sub-contractor to more than one contractor.

2.4 Tender documents shall be downloaded by those bidders who prima facie meet the qualification requirements as in ITT clause 2.1 above. While the system may allow the submission of offer, such allowance shall not be construed to be automatic qualification of the Tenderer for this Tender

2.5 The bidder should not be under liquidation, court receivership or similar proceedings. 3 Expenses towards Submission of Quotations and Liability towards Site Visit / Work 3.1 The Purchaser shall not be responsible for expenses incurred towards preparation and submission

of e-Bid as well as other associated expenses such as site visits. 3.2 In case of erection and commissioning, repairs and such other jobs wherein the bidder’s personnel

or authorised representatives need to visit the Purchaser’s site, they can do so only after obtaining the prior permission of the Purchaser’s site authorities. However, such Tenderer’s whose personnel are granted permission, are deemed to have explicitly agreed to the condition that they shall indemnify and hold harmless the Purchaser and its personnel from and against all liabilities with respect to personal injury, loss or damage to property and any other loss or expenses incurred by bidder’s personnel as a result of such visit.

4 Content of Tender Document 4.1 The scope of work, bidding procedures, contract terms and technical requirements are prescribed in

the bidding documents. The Tender documents include the following sections:

(a) Instruction Sheet (b) Section A: Invitation to Tender and Tendering Conditions (c) Section B: General Conditions of Contract and Special Conditions of Contract (d) Section C: Technical Specifications & Drawings (e) Section D: Format for Submission of E-bid.

4.2 The bidder is expected to examine all instructions, forms, terms, specifications and other

information in the tender documents. Failure to furnish all information required by the bidding documents or submission of a E-bid not substantially responsive to the bidding documents in every respect will be at the bidder’s risk and may result in rejection of their e-bid.

4.3 Clarification of Tender Documents: 4.3.1 The bidder shall be deemed to have carefully examined all Tender documents and obtained

clarifications from the Purchaser where needed, inspected and surveyed the Site and its surrounding and satisfied himself as to the form and nature of the Site, the quantities and nature of work and material necessary for the supply of the Stores and the means of access to the Site, the accommodation he may require and in general obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect his tender, to his entire satisfaction before submitting the e-Bid.



4.3.2 In particular and without prejudice to the foregoing conditions and in addition thereto, when tenders are called for furnishing the Particulars, the bidder’s tender to supply in accordance with such Particulars shall be deemed to be an admission on his part that he has fully acquainted himself with the details thereof and satisfied himself before tendering as to the correctness and sufficiency of his tender for the Stores and of the rates and prices quoted in the Schedule of Quantities., The rates and prices shall, except as otherwise provided, cover all his obligations under the Contract and all matters and things necessary for the Supply of the Stores and Services.

4.3.3 The Tenderer acknowledges that any failure to acquaint itself with all such data and information

shall not relieve their responsibility for properly estimating the difficulty or cost of successful execution of the Tender scope towards completion of the Particulars.

4.3.4 No claim on his part which may arise on account of non-examination or misunderstanding of the

Particulars and/or matter related to site will, in any circumstances, be considered payable by the Purchaser.

4.4 Pre-Bid Meeting: A pre-bid meeting for providing clarifications to the bidders will be held ON-

LINE unless specified otherwise, on the date and time specified in the Notice Inviting Tender(NIT) of the Tender document. Bidders participating in this Tender and who have enrolled in our e-portal (https://npcil.etenders.in ) can login and participate in the pre-bid meeting.. Bidders are requested to send their queries -both Technical and Commercial in advance to the e-mail addresses provided in NIT; within the due date and time prescribed for their submission (which would be at least three days, prior to date of pre-bid meeting, unless specified otherwise in ITT or NIT) as stipulated under the NIT. Queries / clarification / information sought in any other manner shall be ignored. In addition to pre-bid conversation history any offline queries / clarifications / information will be uploaded in the e-portal against the particular Tender ID under tab ‘Pre-Bid’. Any modification to the Tender, which may become necessary as a result of the pre-bid meeting, will be uploaded in the e-portal against the particular Tender ID. Bidders are requested to update themselves by visiting our e-portal (https://npcil.etenders.in) frequently. It may be noted that no queries will be entertained after the expiry of pre-bid meeting. Accordingly, it is requested that bidder along with their associates shall take part in the pre-bid meeting to ensure that tender requirements are clearly understood by all the stakeholders.

4.5 Amendments to Tender documents: The Purchaser reserves the right to issue any amendments,

corrigendum, clarifications, etc. to the Tender, giving reasonable time, prior to the last date and time of online bid submission. Bidders are requested to update themselves on our e-portal (https://npcil.etenders.in) the details such as pre-bid clarifications, corrigenda, addenda and other documents forming a part of the subject Tender, before submission of their e-bid.

5. Manner And Method For Submission Of Bids 5.1 All e-bids shall be made in ENGLISH in the prescribed form attached. e-Bids submitted in any

language other than ENGLISH must be accompanied by ENGLISH translation. Any printed literature submitted with the E-bid in any other language shall be accompanied by authentic English translation and for interpretation the English version shall prevail.

5.2 Technical portion of E-bid should contain/include only technical specifications, technical details,

literature, references of earlier supplies of similar equipment, drawings, quantity, time required for submission and approval of drawings, manufacturing and delivery schedule, inspection/testing procedures etc. Itemised list of spares and quantity recommended by the tenderer, if any, for purchase should also be included in the bid.



5.3 E-bid should be submitted in accordance with the format provided by the Purchaser at Section “D” of this tender document. If any deviation or substitution from the technical specifications contained in Section “C” to this tender document is involved, such details should be clearly indicated in the E-bid and should be filled as Annexure-A of the bidding form of e-envelop, or otherwise it shall be an admission on the part of the bidder that he will supply the equipment as specified by the purchaser. However, bidders may note that deviations or substitutions from the technical specifications may lead to rejection of their E-bid.

5.4 The bidders shall upload all drawings pertaining to the plant / machinery / equipment / component

along with their E-bid for correct understanding and appreciation of the tender. Bidder’s drawings will form part of the purchase order/contract only after these are approved by the purchaser.

5.5 Catalogues / Technical Literature: All necessary catalogues/drawing/technical literature data as

are considered essential for full and correct evaluation of the bids shall invariably be uploaded with the E-bid.

5.6 Instruction / Operation Manual: In respect of plant / machinery / equipment / instrument /

apparatus, where instruction/ operation manual is normally necessary to enable the user to put the plant/machinery / equipment / instrument / apparatus to proper use, the contractor shall furnish such an instruction/ operation manual specific to the stores being supplied along with the plant / machinery / equipment / instrument / apparatus. The bidder shall clearly specify in the bid about his readiness to supply instruction / operation manual.

5.7 Commercial portion (Annexure-B of section D) of the E-bid should contain bidder’s specific

confirmation regarding compliance of all commercial terms and conditions of the Tender as per ITT (Section-A), General Conditions of Contract and Special Conditions of Contract (Section B) and shall be submitted in online bidding forms. The Bidders, in addition, should mention applicability of Statutory Levies like Excise Duty, Sales Tax/VAT/CST, Octroi etc and all other related information.

5.8 Price portion of the E-bid should be furnished in online bidding forms only and as per Schedule to

Tender Form of Section-D of the tender document. 5.9 The system will not allow submitting E-bids after last date and time. Therefore, the bidder shall

ensure the submission of E-bids well within the due date and time. 5.10 Particulars of the Bidders: 5.10.1 The bidder shall upload the details, in case he is a partnership firm or Joint Hindu Family

concern, the names and full particulars of the partner or the member of the Joint Hindu Family owing the concern. The e-Bids must be digitally signed by the authorised representative of the firm and the document/s regarding authorisation shall be uploaded in the Part I e-Bid. The original of such documents are required to be furnished when sought by the Purchaser and in case of failure to do so, will make such bid liable to be rejected. The e-Bid must be digitally signed:

(a) In the event of the bidder being a sole proprietary concern by the sole proprietor or by

constituted attorney duly authorized to enter into and sign agreement on his behalf, including agreement to refer disputes arising under or relating to such agreements to arbitration by power of attorney signed by the proprietor and authenticated by a Notary Public or Magistrate.

(b) In the event of the bidder being a partnership firm, by all partners or by a constituted

attorney duly authorized to enter into and sign agreements on behalf of the partnership firm including agreements to refer disputes arising under or relating to such agreements to



arbitration by a power of attorney duly executed by all the partners and authenticated by Notary Public or a Magistrate.

(c) In the event of the bidder being a Hindu Joint Family concern by the Karta of the Joint

Family when the bid is signed by a constituted attorney of the sole proprietor of a concern or when the e-Bid is signed on behalf of the firms by a constituted attorney of its partners as provided in sub clause (a) and (b) above, then original power of attorney appointing him as such constituted attorney shall be supplied with the e-Bid or if a e-Bid is executed on behalf of a limited company but its constituted attorney as provided in sub cases (c) above, the original power of attorney along with the resolution (if required under its Articles of Association) authorizing the affixation of its common seal on the power of attorney and a copy of its Articles of Association shall be supplied with the e-Bid. If however, the power of attorney has been previously furnished to and approved by the Purchaser, the contractor need not send the same with the e-Bid.

5.11 Income Tax Registrations and other Registrations

The bidder shall submit along with their E-bid, the name and address of his bankers and the Income Tax Permanent Account Number (PAN). Further, if the bidders are registered with the Directorate General of Supplies and Disposals or the Executive Director, Directorate of Contracts and Materials Management, Nuclear Power Corporation of India Limited, Directorate of Purchase & Stores, Department of Atomic Energy (DAE) as an approved supplier, they shall indicate in the E-bid such registration number, date and its validity date.

6 Validity of E-bids 6.1 E-bids shall be kept valid for acceptance for a period of 120 (one hundred and twenty) days from

the last date specified for receipt of E-bids. E-bids with shorter validity period will be liable for rejection.

7 Opening of Tenders 7.1 The tenders will be opened on-line at our NPCIL E-Tendering website i.e. https://npcil.etenders.in

as per schedule given in the tender document. In the case of Public Tender, after online opening of the E-bids, the details of the bids submitted by the bidders will be made available for all the participating bidders.

8 Terms and Conditions of the Contract 8.1 It must be clearly understood that any contract concluded pursuant to invitation to this tender shall

be governed by the General Conditions of Contract (GCC) and Special Conditions of Contract (SCC) given in Section B of this tender document. Tenderers must, therefore, take special care to go through these conditions of the contract. Tenders made subject to counter conditions or with deviations from the General Conditions of the Contract (GCC) / Special Conditions of Contract (SCC), (SECTION B) of this tender document are liable to be ignored. It should also be realized that failure to bring out deviations from the GCC and / or SCC contained in Section B of this tender document would imply that the tenderer is willing to execute the contract as per the Purchaser’s Terms and Conditions of the Contract.

8.2 Price Basis, Price Adjustment, Contract Currency and Payments Please refer Section B – GCC Clause nos. 5.



9 Taxes and Duties 9.1 E-bid prices shall be exclusive of all Indian Indirect Taxes payable in India for the final product /

services. 9.2 Fiscal Concessions for Nuclear Power Projects(NPPs)

9.2.1 Nuclear Power Projects of capacity 440 MW or more enlisted under list 33 of Sr. No 511 of

Customs Notification No. 12/2012 dated 17-03-2012 are eligible for Fiscal Concessions. As such, goods required for setting up these projects are subject to ‘NIL’ Customs duty Similarly, as per the Foreign Trade Policy 2009-2014 of Government of India, Domestic Contractors supplying goods for these projects under the procedures of competitive bidding shall be eligible for benefits of ‘Deemed Export’ which include refund of terminal excise duty (presently given under paragraph 8.2(j) of the Policy and paragraphs 8..2.4, 8.3.1(iv) and 8.4 of Hand Book of Procedures) issued by the Director General of Foreign Trade, Department of Commerce, Ministry of Commerce and Industry, Government of India. Hence, no customs duty and/or excise duty on goods shall, therefore, be payable/ reimbursable by the Purchaser to the Contractor. The Purchaser, shall, however, make available only the requisite documents or certifications as per the extant rules and procedures for availing the above exemptions/concessions by the Contractor.

9.2.2 The bidders may like to ascertain the availability of Deemed Export Benefits mentioned as above.

They shall be solely responsible for obtaining such benefits, which they have considered in their E-bid, and in case of failure to receive such benefits the Purchaser will not compensate the bidder. However, the bidder must give all information required for issue of Project Authority/ Payment Certificate in terms of Foreign Trade Policy 2009-14 of the Government of India along with the E-bid. The Project Authority/Payment Certificate will be issued on this basis only and no subsequent change will be permitted. In this regard Chapter 8 - Deemed Export in the Foreign Trade Policy 2009-14 and Hand Book of Procedures shall be referred to for ascertaining the above.

9.3 Service Tax: 9.3.1 Service Tax and Education Cess thereon, as applicable is payable at the rate prevailing within the

contractual delivery schedule. Purchaser shall not be liable to pay any increase in Service Tax, if completion and handing over of the facilities and / or submission of invoice for the same is delayed beyond the contractual delivery Schedule for reasons not attributable to the Purchaser.

9.4 Sales Tax, Value Added Tax, Other Local Levies: 9.4.1 Sales Tax, Local Taxes and other levies in respect of ‘Direct Transaction’ between the Purchaser

and the Contractor shall not be included in the price E-bid and shall be quoted separately. The scope of ‘Direct Transaction’ between the Purchaser and the Contractor comprises of the following:

a) Items manufactured and supplied by the Contractor. b) Items manufactured by the sub-contractor and supplied directly to the Purchaser without

routing through Contractor’s works and sub-contractor’s name and items to be supplied are indicated in the Purchase Order in case of inter-state transactions. This is not applicable for local within the state transactions.

9.4.2 State Sales Tax / Value Added Tax / Central Sales Tax for “Direct Transaction” as per ITT clause

9.4.1 above, where legally applicable and intended to be claimed should be distinctly shown. Where this is not done, no claim for State/Central Sales Tax will be admitted at any later stage and on any ground whatsoever.



9.4.3 a) For local (within the state) supplies, the Purchaser will reimburse VAT as charged by the contractor as per the applicable rates. For inter-state supplies, Purchaser will issue Form – C and reimburse central sales tax as charged by Contractor at the applicable concessional rate (which is currently 2 per cent). In case of inter - state transaction on a sale in transit basis, Purchaser will issue Form – C and reimburse central sales tax at the applicable rates (which is currently 2 per cent) as charged by the Vendor to contractor.

b) For all items/materials to be supplied directly to the Purchaser by the Sub-contractor of the

Contractor, the Contractor shall effect Sale-in-Transit, where such Sub-contractor is located outside the state of the consignee (Purchaser).

For effecting the sale in transit, the Contractors shall ensure that his sub-vendor raises invoices in the Contractor’s name (and not in the name of Purchaser) with consignee as Purchaser’s site and obtains GR/LR/RR in the name of Contractor (and not in the name of Purchaser) with the consignee as Purchaser’s site. The Contractor shall further ensure that he endorses the GR/LR/RR in the name of the Purchaser during transit of the equipment before the delivery of equipments is taken by the Purchaser.

9.4.4 Entry tax will be reimbursed by the Purchaser only in case of inter-state supplies. 9.4.5 When State Sales Tax / Value Added Tax/ Central Sales Tax is claimed as extra by the Contractor /

supplier in general and on packing charges in particular the following certificates by the Contractors should be submitted to the paying authority with the invoices.

(a) Certified that the goods and packing charges on which State Sales Tax / Value Added Tax /

Central sales tax has been charged has not been exempted under the Central Sales Tax or the State Sales Tax Act / Value Added Tax or the rules made there under and the amount charged on account of sales tax on these goods and packing charges are not more than what is payable under the relevant act or the rules there under.

(b) Certified further that we have actually paid State Sales Tax / Value Added Tax / Central Sales

Tax and are being assessed to Sales Tax on packing charges and also that where there are statutory exemptions, under the relevant act / law of the State Government concerned, we have availed ourselves of it and certified non availability of such provision for Sales Tax on packing charges wherever claimed.

(c) Certified that in respect of amount claimed in the bill no claim is pending for refund/or is

admissible. Certified that in the event of our getting refund in whole or in part of the element of State Sales Tax / Value Added Tax / Central Sales Tax on packing charges, claimed from Government, we shall pass on the benefit to the Purchaser by remitting the amount equivalent to the amount of refund obtained by us.

(d) Certified further that we (our Branch or Agent) _________________________________

(address) _________________________________________________ are registered as dealers in the state of __________________________________________ under Local Regn. No. _____________________________________________________ and in the state of ____________________________________________________ under central Regn. No. ______________________________________ for the purpose of Sales Tax.



9.5 Any Other Statutory Levies / Indirect Taxes: 9.5.1 In case of any other new indirect taxes / cess, if levied by Government during the contractual

delivery period, the same shall be reimbursed / paid by the Purchaser, as the case may be, at actual against documentary evidence. This provision shall not apply to changes in Personal Income tax or Corporate Income tax or to changes in non-Indian Taxes.

9.6 Excise Duty (In the event of non-applicability of Fiscal Concessions for Nuclear Power Projects as per Sr. No. 9.2 above)

9.6.1 In case Excise Duty is claimed separately, the same must be specifically stated in the E-bid. In the

absence of any such statement no claim for the same will be entertained. The Excise Duty Tariff Head and the applicable rate of duty shall be clearly mentioned in the Commercial Terms and Conditions of the E-bid submitted in Part-I (Technical and Commercial E-bid except price). The manufacturer’s price list showing the actual assessable value of the stores, as approved by the Excise Authorities wherever applicable shall be submitted.

9.6.2 If Excise Duty is payable as extra, the same is payable on the price of the goods after exclusion of

freight and transit insurance charges. Tenderers are required to adhere to the provisions of Excise Law to claim deduction. NPCIL shall not reimburse the Excise Duty paid on freight and insurance charges.

9.6.3 Please note that in case any refund to excise duty is granted to Tenderers by Excise Authorities in

respect of stores supplied under the contract, Tenderers will pass on the credit to the purchaser immediately along with a certificate from bidder’s Director/Manager/Proprietor/Accountant that the credit so passed on relates to the excise duty originally paid for the stores supplied under the contract. In case of Tenderers failure to do so within 10 days of the issue of the excise duty refund orders to Tenderers by the Excise Authorities, the Purchaser would be empowered to deduct a sum equivalent to the amount refunded by the Excise authorities without any further reference to Tenderers from any of Tenderers outstanding bills against this or any other pending purchase orders/contracts with the purchaser and that no dispute on this account would be raised by the Tenderer.

9.6.4 The bidder is also required to furnish to the paying authority the following certificates:

(a) Certificate with each bill/invoice to the effect that no refund has been obtained in respect of the reimbursement of excise duty made to contractor during three months immediately preceding the date of the claim covered by the relevant bill.

(b) Contractors/Suppliers Auditors’ certificate as to whether any refund have been obtained or

applied for by them or not in the preceding financial year after the annual audit of their accounts, also indicating details of such refunds/applications, if any. This certificate should contain reference to all purchase orders/contracts held by the suppliers / contractors.

(c) A certificate ALONGWITH THE FINAL PAYMENT BILLS of the firm to the effect whether

or not that they have any pending appeal/protest for the refund or partial refund of excise duties already reimbursed to the firm by the Government pending with the Excise Authorities and if so, the nature, the amount involved and the position of such appeals. This certificate should be signed by the Contractors/ suppliers’ Managing Director / Manager / Accountant.

9.6.5 AN UNDERTAKING to the effect that in case it is detected by the Government that any refund

from Excise authorities was obtained by the Contractors / Suppliers after obtaining reimbursement from the paying authority and if the same is not immediately refunded by the Contractors / Suppliers to the paying authority giving details of particulars of the transaction, paying authority



will have full authority to recover such amounts from the Contractors / Suppliers outstanding bills against that particular contract or any other pending Government contracts and that no dispute on this account would be raised by the supplier.

9.7 Direct Tax: - Tax Deduction at Source

a) The Purchaser shall have the right to withhold taxes on income, excess profits, royalty and other taxes from payments due to Contractor under this Contract to the extent that such withholding may be required by the government of India or any relevant authority thereof or by the government of any other country, and payment by the Purchaser to the respective governmental office of the amount of money so withheld will relieve the Purchaser from any further obligation to Contractor with respect to the amount so withheld.

b) The Purchaser shall, at the time of its payments due to the Contractor, withhold the necessary taxes

at such rate as is required by any Government Authority, unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate.

c) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the

time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes.

d) All taxes levied on Contractor’s corporate income or profits shall be for the account of Contractor

and shall not be reimbursed by the Purchaser. Contractor shall also be responsible for payment of income taxes of its personnel levied in India or elsewhere.

10 Test Charges, Spares and Accessories AND Supervision of Erection & Commissioning

Charges. 10.1 Routine Test, Special tests, Type Test, Special Type Tests, Seismic Qualifications/Testing 10.1.1 The bidder is required to perform the above tests as specified in the Technical Specification. As

regards Type Tests, Submission of valid Type Test Certificate of previous tests may be considered in lieu of performing the tests, as provided in Technical Specifications.

10.1.2 a) Price for supply of items shall include charges for all Routine Test, Type tests etc. No charges

for these tests shall be claimed/ paid separately.

b) Charges for Special Type Tests, Seismic Qualification/Testing shall not be included in the price of the items and shall be quoted/ claimed separately.

10.2 Spares and Accessories: 10.2.1 Bidders shall also furnish the prices of essential accessories, optional accessories and spares

necessary for satisfactory operation of the plant / machinery / equipment / component,

a) for a period of two years and b) for a period of five years

or as specified in the Section C: Technical Specifications



10.2.2 The prices for accessories and spares shall be itemized. E-bids where only lump sum prices are indicated are liable to be ignored. Particular care must be taken to list out each item of spare and quantity recommended and also the individual price for these items.

10.3 The Bidders must clearly and separately furnish in their E-bid the charges for Supervision of

erection and commissioning of items to be supplied under the contract. 11 Delivery 11.1 The entire scope covering supply of equipment/machinery/plant/component, etc covered under this

tender document shall be completed within the delivery period mentioned mentioned in Notice Inviting Tender(NIT). Milestone chart for detailed manufacturing schedule leading to delivery shall be submitted along with the bid. Tenderers should note that their bid may not be considered by the Purchaser unless the bidders can meet the delivery schedule specified by the purchaser.

11.2 The stores shall be transported to the purchaser’s site directly without any transhipment en-route, in

case of transportation by sea and road. In case of transportation through railways/waterways also the transhipment is generally not allowed. However, transhipment may be allowed at the discretion of the Purchaser for which the contractor needs to explain the need for transhipment and take Purchaser’s prior approval.

12 Price Evaluation 12.1 The price adjustment provisions as indicated in para 8.0 above, shall not be taken into account for

evaluation of offers. E-bid evaluation will be done based on the total of Summary Prices for supply of items and site work portion as per Section D of the Tender document. To facilitate the evaluation and comparison of prices, all E-bid prices expressed in foreign currency will be converted into Indian Rupees at Bills Selling exchange rates (as established by State Bank of India) applicable on the day seven days prior to due date of submission of the E-bids. If the day seven days prior to due date of submission of E-bid happens to be a holiday, the exchange rates of next working day will be considered. For items sourced from abroad and directly delivered to the Purchaser’s Site, wherever the ocean/air freight and marine insurance to the port of the Purchaser’s country are not quoted then, 11% of FOB prices will be considered towards ocean/air freight and marine insurance to arrive at CIF prices. In the event the actual cost towards local transportation and other services including customs clearance, port handling, inland transit insurance etc. in India excluding taxes and duties and other local levies are not quoted as required, the charges towards the same will be considered as 1 ½% of CIF Value for items and materials supplied from abroad and delivered directly to the project site from Indian port of entry.

12.2 For Tender where Fiscal Concessions as per clause no. 9.2 of ITT are available/ applicable, the

following shall apply:

a) For evaluation and comparison of E-bids, a price preference at 15% would be given to the domestically manufactured capital goods. For this purpose, the E-bid price of the bidders would be increased by 15% of all such CIF components contained in their price E-bid including the CIF component of the imported raw materials/ components required for manufacture of indigenous items. No exchange rate variation is allowed towards the value of imported raw materials and components included in the Indigenous items. For the purposes of 15% loading as above, the base exchange rates shall be Bills Selling exchange rates (as established by State Bank of India) applicable on the day seven days prior to due date of submission of E-bid. If the day seven days prior to due date of submission of E-bid happens to be a holiday, the exchange rate of next working day will be considered.



b) Further sales tax and local levies on the domestically manufactured capital goods in respect of ‘Direct Transaction’ between the Purchaser and the Contractor, excise duty (to be reimbursed by DGFT as per the extant policy), customs duty on the import components (being ‘NIL’ under the extant policy) will not be considered for the purpose of evaluation of bids.

c) Further the charges for expatriate supervision for erection and commissioning quoted in foreign

currency will not be loaded by 15%. 12.3 The value of mandatory spares will be considered for the E-bid evaluation as per Section – D of the

Tender. Recommended spares will not be included for E-bid evaluation. 12.4 The E-bid evaluation will be done in conjunction with Section: D of the Tender.

12.5 Purchase Preference for supply of goods or services as per new Public Procurement Policy for

Micro & Small Enterprises (MSEs) under Micro, Small and Medium Enterprises Development Act, 2006 As per the provision of MSEs Policy, the participating bidder registered under MSEs Act in a tender for supply of goods or services, quoting price within the band of L1+15% would be allowed to supply a portion of the requirement by bringing down their price to the L1 price, in a situation where L1 price is from someone other than an MSE. Such MSEs would be allowed to supply up to 20% of the total tendered value. In case of more than one such eligible MSE, the supply will be shared proportionately. Further, out of 20% allocation, a sub-target of 4% (i.e. 20% out of 20%) will be earmarked for procurement from MSEs owned by SC/ST entrepreneurs. However, in the event of failure of such MSEs to participate in the tender process or meet the tender requirements and the L1 price, the 4% sub-target for procurement earmarked for MSEs owned by SC/ST entrepreneurs will be met from other MSEs proportionately. The MSEs, who are interested in availing themselves of these benefits, will enclose with their offer the proof of their being MSE registered with any of the agencies mentioned in notification No.503 dated 26.03.2012, as printed in the Gazette of India indicated below :

(i) District Industries Centers (ii) Khadi and Village Industries Commission (iii) Khadi and Village Industries Board (iv) Coir Board (v) National Small Industries Corporation (vi) Directorate of Handicraft and Handloom (vii) Any other body specified by Ministry of MSME.

The MSEs must also indicate the terminal validity date of their registration. Failing of the above requirements, such offers will not be eligible for consideration of benefits detailed in notification No.503 dated 26.03.2012, as printed in the Gazette of India. The contractor on whom the contract may be entered into against this tender shall furnish the Purchaser, the details of the sub-contractors meeting any part of contract execution herein and who qualify as MSE’s as per the Micro, Small and Medium Enterprises Development Act, 2006 and amendments to same.

13 Acceptance of E-bids 13.1 The Purchaser reserves the right to accept or reject, lowest /any / all E-bid(s), in whole or in part,

without assigning any reasons whatsoever and without any liability to the Purchaser. The bidder not withstanding that his E-bid has not been accepted in whole shall be bound to supply the Purchaser,



such item or items and such portion or portions of one or more items, as may be accepted by the Purchaser.

13.2 Acceptance of E-bids by the purchaser may be sent by priced Letter of Intent / Purchase Order /

Contract within the validity of the E-bid. In case of such Letter of Intent, the bidder whose E-bid is accepted and who is herein after referred to as contractor will proceed with the execution of the contract on the basis of such advance acceptance of E-bid without waiting for a formal purchase order/contract and will be responsible to seek and obtain whatever clarifications that are necessary from the purchaser to proceed with the execution of the contract and contractual delivery period will be reckoned from the date of such Letter of Intent.

13.3 Unsuccessful bidder will not be informed of the result of their E-bids. 14 Canvassing 14.1 Canvassing in any form with regard to this tender will lead to rejection of the E-bid. 15 Corrupt or Fraudulent Practices 15.1 NPCIL requires that bidders / suppliers / contractors under this contract, observe the highest

standard of ethics during the procurement and execution of this contract. In pursuance of this policy, NPCIL: (a) defines, for the purpose of these provisions, the terms set forth below as follows:

(i) “corrupt practice” means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution; and

(ii) “fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of NPCIL, and includes collusive practice among Bidders (prior to or after E-bid submission) designed to establish E-bid prices at artificial non-competitive levels and to deprive NPCIL of the benefits of free and open competition.

(b) will reject a proposal for award of work if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question.

(c) will declare a Bidder ineligible, either indefinitely or for a stated period of time, to be awarded a contract / contracts if at any time it determines that the Bidder has engaged in corrupt or fraudulent practices in competing for, or in executing, the contract.

16 Disclosures 16.1 Any change in the constitution of the contractor’s firm, where it is a partnership firm as declared in

the E-bid should be disclosed to NPCIL, at any time between the submission of E-bids and the signing of the contract. The same shall be disclosed during the currency as per the GCC clause no. 1.11.2 (Changes in Constitution).

------------------- *----------------------

Appendix-X

QUALIFICATION CRITERIA:

1. Average annual financial turnover during the last 3 years ending 31st March of the

previous financial year 2013-14, should be at least Rs. 18 Lakhs.

Documents to be submitted in support of above criteria: The bidder has to submit copy of documents like Annual Financial turnover certificates or Profit

and Loss statement for each financial year.

2. Bidder shall be a profit making company. They shall submit documentary proof to show their profit during the last financial year (2013-14). Documents to be submitted in support of above criteria: The bidder has to submit documentary proof for profit making like Profit and Loss statement for the last financial year (2013-14).

3. Bidder shall have experience of having successfully completed similar works during last

7 years ending last day of month previous to the one in which applications are invited either of the following:

a. Three similar completed works costing not less than the amount equal to Rs. 24 Lakhs.

Or

b. Two similar completed works costing not less than the amount equal to Rs. 30 Lakhs. Or

c. One similar completed work costing not less than the amount equal to Rs. 48 Lakhs.

Documents to be submitted in support of above criteria:

1. The bidder has to submit the copies of purchase orders/work orders of similar work. 2. The bidder has to submit copy of the work completion certificate/ performance certificate OR copy of the payment receipt of the last billing period (e.g. Last Quarter payment receipt for Quarterly payment/ Last 6 months payment receipt for six monthly payment)

Definition of Similar work:

Similar work refers to IT Maintenance contract of PCs, printers, Laptops and Servers. This work

experience can be a part of a large scope like integrated Facility Management Services.

E-SPT/SUPPLY-1

SECTION – B

GENERAL CONDITIONS OF CONTRACT (FORM NO. GCC/Supply-1/Rev.2)

& SPECIAL CONDITIONS OF CONTRACT

05/12/2011

FORM NO. GCC/Supply-1/Rev.2


(A GOVERNMENT OF INDIA ENTERPRISE)

DIRECTORATE OF CONTRACTS AND MATERIALS MANAGEMENT

GENERAL CONDITIONS OF CONTRACT FOR SUPPLY OF INDIGENOUS STORES

APPLICABLE TO THE CONTRACTS PLACED BY


GCC/SUPPLY-1/R-2

GENERAL CONDITIONS OF CONTRACT FOR SUPPLY OF INDIGENOUS STORES

PLACED BY

NUCLEAR POWER CORPORATION OF INDIA LIMITED (A GOVERNMENT OF INDIA ENTERPRISE)

Preamble

1.1 The scope of the Contract shall be design, engineering, manufacture, inspection, test, supply, transportation & delivery, as the case may be, of the Stores, plants, materials, components, equipment, machineries, instruments, appliances and accessories, in accordance with the technical specifications and drawings of the Contract documents.

1.2 The General Conditions of Contract (GCC/Supply-1/R-2) shall form a part of the Contract. 1.3 In case of any variance between the terms and conditions of the General Conditions of Contract

(GCC/Supply-1/R-2) and the conditions as may be stipulated in the Contract, the latter shall prevail to the extent applicable.

1.4 All the rights, discretion and powers of the Purchaser under the Contract shall be exercised by the

Purchaser through written communications, which shall be given by the Executive Director, Directorate of Contracts and Materials Management or other officers authorised by him for and on behalf of the Purchaser.

NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores

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I N D E X

CONTENTS Page No. 1. General Provisions 5

1.1 Definitions 1.2 Interpretations 1.3 Communications 1.4 Language 1.5 Governing Law 1.6 Jurisdiction 1.7 Priority of Documents 1.8 1.9 1.10 Confidentiality 1.11 Consortium / Joint Venture / Partnership 1.12 Country of Origin 1.13 Independent Contracts

2 The Purchaser 11

2.1 Accuracy of Information 2.2 Permit, Licences or Approvals 2.3 Free Issue Material 2.4

3 The Contractor

3.1 General Obligations 11 3.2 Permit, Licences or Approvals 3.3 Compliance with law 3.4 Securities 3.5 3.6 Sub-contracting 3.7 Subletting or Assignment of Contract 3.8 Quality Assurance

16 4 Subject Matter of Contract

4.1 Scope of facilities 4.2 Delivery Schedule

5 Contract Price and Payment 17

5.1 Contract Price 5.2 Price Basis 5.3 Currency of Payment 5.4 Price Adjustment 5.5 Price Adjustment Formula 5.6 Terms of Payment 5.7 Application for Payment 5.8 Mode of Payment 5.9 Interest on delayed payment 5.10 Recovery of Advance Payments in case of breach of contract 5.11 Recovery of Sums Due 5.12 Taxes and Duties


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6 Guarantee, Liability and Risk Distribution 25

6.1 Completion Time Guarantee 6.2 Delay in Supply 6.3 Functional Guarantee 6.4 Defect Liability 6.5 Transfer of Ownership 6.6 Intellectual Property Rights (IPR) Indemnification 6.7 Indemnity Against Loss / Damage 6.8 Indemnity for Taxes and Duties 6.9 Limitation of Liability 6.10 Insurance 6.11 Force Majeure 6.12 Liability of the Government of India

7 Work Program 34

7.1 7.2 Program of Performance 7.3 Work Procedures 7.4 Progress of Performance 7.5 Progress Report 7.6 Hindrances

8 Design and Engineering 36

8.1 General Design Obligation 8.2 Codes and Standards 8.3

9 Procurement and Supply 38

9.1 General Provisions 9.2 Free Issue Materials (FIM) 9.3 Packing and Marking 9.4 Transportation 9.5 Custom Clearance 9.6 Training 9.7 Manuals

10 Quality Assurance, Inspection, Acceptance and Rejections 43

10.1 Quality Assurance Program 10.2 Inspection, Testing and Rejection

10.3 Supervision of Erection & Commissioning 11 Changes in the Scope of Work 46

11.1 Right to vary 11.2 Changes Originating from Purchaser 11.3 Changes Originating from Contractor

12 Time Extension 47

12.1 Extension of Time for Completion


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13 Foreclosure and Termination 48 13.1 Foreclosure of Contract 13.2 Cancellation / Termination of Contract in Full or Part 13.3 Termination on Death

14 Settlement of Disputes 52

14.1 Settlement by Mutual Consultation 14.2 Arbitration 14.3 General

15 Abbreviations Used 53

List of Annexures

Annexure-A : Format fo Annexure-B : Annexure-C : Annexure-D : Annexure-E : Annexure-F : Format Annexure-G : Annexure-H :


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1 GENERAL PROVISIONS 1.1 Definitions

1.1.1 shall mean and deemed to include one or more of the following as stipulated in the tender:

a) ) days from

requirements stipulated in the Contract. b) where the scope of the Contract includes supply, erection and commissioning, acceptance shall mean

issue of necessary Material Receipt Voucher after commissioning and final acceptance of Equipment, Machinery and Instrument etc. which should be completed within 75 (seventy five) days from the date of commissioning of the Stores at Purchaser's Site, subject to the Contractor meeting the requirements stipulated in the Contract.

1.1.2 shall mean the tender offer and quotation in response to the Tender Enquiry. 1.1.3 shall mean a written amendment to the existing contract or a new contract from the

Purchaser to the Contractor after the Effective Date of the contract requiring a change in any part of the Stores that may involve a) a change in the scope of work, b) addition / omission of work, and c) a change in any of the provision / scope of the contract.

1.1.4 shall mean the authorised representative or officer of the Purchaser at site to whom the Stores are required to be delivered in the manner indicated in the Contract.

1.1.5 shall mean firm / company / joint venture / consortium with whom or with which the

successors and/or assignees (approved by the Purchaser), representatives, heirs, executors and administrators unless excluded by the Contract.

1.1.6 "Contract" or "Purchase Order" shall mean the communication or document signed for and on behalf

of the Purchaser by an Officer duly authorised confirming the acceptance for and on behalf of the Purchaser of Tender or Offer of the contractor on the terms and conditions mentioned or referred to in the said communication and other documents including Tender Document, Terms and Conditions of the contract and such other documents as may be expressly incorporated in the Contract by reference and all mutually agreed amendments in writing made to any of them

1.1.7 shall mean the stipulated date on which the contractor shall attain

1.1.8

Contract subject to such addition and adjustment thereof or deduction there from, as may be made pursuant to the contract.

1.1.9 shall mean a Gregorian calendar day or days of twenty-four (24) hours each.


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1.1.10 shall mean the period of validity of the warranties given by the contractor

during which the contractor is responsible for defects with respect to the Stores or the relevant part thereof as provided in GCC clause 6.4 (Defect Liability).

1.1.11 shall mean the date of issue of Purchase Order on which

the contract shall come into force. 1.1.12 shall mean this General Conditions of the Contract for Supply of Indigenous Stores. 1.1.13 "Latent Defect" shall mean a defect, inherently lying within the material or arising out of design

deficiency, which do not manifest themselves and/or was not reasonably discoverable during Defect Liability period.

1.1.14 Month 1.1.15 Quality Surveillance Engineer / Inspector

Purchaser to inspect or carry out quality surveillance on supplies, stores or work under the Contract or any person deputed by the Quality Surveillance Engineer for the said purpose.

1.1.16 "Particulars" shall mean the following:

a) Specification(s); b) Drawing(s); c) Sealed pattern denoting a pattern sealed and signed by the Quality Surveillance Engineer; d) Proprietary make denoting the produce of any individual firm; and e) Any other details governing the construction, manufacture and/or supply as provided in the Contract.

1.1.17 "Party" shall mean Purchaser or Contractor as named in the Contract individually

mean Purchaser and Contractor collectively. 1.1.18 "Performance Test" shall mean all operational checks and tests required to determine the performance

parameters including inter-alia capacity, efficiency and operating characteristics of the Stores as specified in the Contract.

1.1.19 Plant and Equipment

things of all kinds to be provided by the Contractor under the Contract including the spare parts, tools & tackles to be supplied by the Contractor.

1.1.20 Project Manager

sub- 1.1.21 "Purchaser" shall mean the Nuclear Power Corporation of India Limited, a Government of India

Enterprise acting through Executive Director, Directorate of Contracts & Materials Management. 1.1.22 SCC shall means Special Conditions of the Contract hereof.


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1.1.23 "Shipping Release" shall mean the document issued by the inspector or the inspection agency nominated

by the Purchaser authorising the Contractor to ship the Stores on satisfactory completion of inspection. 1.1.24 means the place(s) where the Stores are to be supplied and any other places as may be specified in

the Contract as forming part of the Site. 1.1.25 "Stores

the Contract and shall include inter-alia goods and materials, equipment, machinery, components, instruments, appliances, accessories and plant.

1.1.26 - shall mean any person on whom preparation of any design, or supply of any Stores

and Other Service(s) is subcontracted directly or indirectly by the Contractor and includes its legal successor or permitted assignees, and unless otherwise stated, all the Sub-contractors and suppliers to such Person and the term Sub-Contract shall be construed accordingly.

1.1.28 Willful Misconduct oncealed the defect in full

knowledge of the consequences that may flow from its existence and the defect is one, which the Purchaser could not have discovered on careful examination of the Plant at the time of acceptance or during the Defect Liability Period.

1.2 Interpretation 1.2.1 In the Contract, except where the context requires otherwise:

(a) words indicating one gender include all genders; (b) words indicating the singular also include the plural and words indicating the plural also include the

singular; (c)

writing; (d)

(e) -written, type-written, printed or electronically made, and

resulting in a permanent record. The marginal words and headings shall not be taken into consideration in the interpretation of these Conditions.

1.2.2 Persons

Words incorporating persons or parties shall include firms, consortiums, corporations, government entities and other bodies whether incorporated or not but having legal entity.

1.2.3 Incoterms

Unless inconsistent with any provision of the Contract, the meaning of any trade term and the rights and obligations of parties there under shall be as prescribed by Incoterms 2000. Incoterms means international rules for interpreting trade terms published by the International Chamber of Commerce (latest edition), 38 Cours Albert 1er, 75008 Paris, France.


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1.2.4 Entire Agreement The Contract constitutes the entire agreement between the Purchaser and Contractor with respect to the subject matter of Contract and includes all written communications, negotiations and agreements of parties with respect thereto made prior to the date of Contract that are included as reference in the Contract.

1.2.5 Non-waiver

No relaxation, forbearance, delay or indulgence by either party in enforcing any of the terms and conditions of the Contract or the granting of time by either party to the other shall prejudice, affect or restrict the rights of that party under the Contract, nor shall any waiver by either party of any breach of Contract operate as waiver of any subsequent or continuing breach of Contract.

and signed by an authorized representative of the party granting such waiver, and must specify the right and the extent to which it is being waived.

1.2.6 Severability If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract.

1.3 Communications 1.3.1 Unless otherwise stated in the Contract, all communications to be given under the Contract shall be in

writing, and shall be sent by personal delivery, airmail post, special courier or facsimile to the address of the relevant party set out in the Contract.

1.3.2 For communications to be sent by the Purchaser to the Contractor, the following provisions shall apply:

a) Any communication sent by airmail post or special courier shall be deemed (in the absence of evidence of earlier receipt) to have been delivered ten (10) days after dispatch. In proving the fact of dispatch, it shall be sufficient to show that the envelope containing such notice was properly addressed, stamped and conveyed to the postal authorities or courier service for transmission by airmail or special courier.

b) Any communication delivered personally or sent by facsimile shall be deemed to have been delivered on date of personal delivery or date of its dispatch, as the case may be.

1.3.3 Communications shall be deemed to include any approvals, consents, instructions, notices, orders,

amendment to the Contract and certificates to be given under the Contract. 1.3.4 Either party may change its postal, facsimile address or addressee for receipt of such communication by

1.4 Language 1.4.1 The ruling language of the Contract and language for communication shall be English.


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1.5 Governing Law 1.5.1 The Contract shall be governed by the law of the country. The country unless otherwise stated in the

contract shall be India. 1.6 Jurisdiction 1.6.1 The courts in Mumbai shall have exclusive jurisdiction to deal with and decide all disputes arising out of

related Contract. 1.7 Priority of Documents 1.7.1 The documents forming the contract are to be taken as mutually explanatory of one another. For the

purposes of interpretation, the priority of documents shall be in accordance with the following sequence: a) the Contract Agreement / Purchase Order b) the Special Conditions of Contract (SCC) c) the General Condition of Contract (GCC) d) the Tender (including technical specifications, drawings, etc.) document, other than Sr. (b) & (c)

above. 1.8 1.8.1 As between the Parties, the Contractor shall retain the rights for which the Contractor has copyrights and

other intellectual property rights (IPR), and for all other documents prepared / created in the course of execution of the Contract, the IPR will remain with the Purchaser.

1.8.2 The Contractor shall be deemed to give to the Purchaser a non-terminable transferable non-exclusive

royalty-using modifications of them. This licence shall: (a) apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the

Stores, (b) entitle any person in proper possession of the relevant part of the Stores to copy, use and

es of completing, operating, maintaining, altering, adjusting, repairing and decommissioning the Stores, and

(c) permit their use on any computer on the Site and other places as envisaged by the Contract, including replacements of any computers supplied by the Contractor.

1.9 1.9.1 As between the Parties, the Purchaser shall retain the copyright and other intellectual property rights in

the Specification, the Drawings and other documents made by (or on behalf of) the Purchaser. The Contractor may, at his cost, copy, use, and obtain communication of these documents for the purposes of the Contract. They shall not, without the Purchasparty by the Contractor, except as necessary for the purposes of the Contract and with prior consent of the Purchaser.

1.10 Confidentiality 1.10.1 The Contractor shall take necessary steps to ensure that all persons employed on any work in connection

with this Contract have noticed that the Indian Official Secrets Act, 1923 (XIX of 1923) applies to them and shall continue to apply even after the execution of the Contract.


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1.10.2 All information, drawings, designs and specifications imparted to the Contractor shall, at all times, remain

the absolute property of the Purchaser. The Contractor shall not use them for purposes other than for which they are provided for and shall treat all these documents as confidential. These shall not be reproduced in whole or in part for any other purpose.

1.10.3 The Contractor shall use his best endeavours to ensure that such information are not divulged to third

parties except where needed for the performance of the Contract by the Contractor with the prior consent of the Purchaser. In such cases, the Contractor shall ensure and obtain similar obligation of confidence, from third parties in question.

1.10.4 The Contractor shall at his own cost procure from his own employees, agents or sub-contractors (and

agents and sub-contractors of such agents and sub-contractors) the execution of a Confidentiality Agreement in the form and manner acceptable to the Purchaser and shall do or assist in doing all such acts, deeds and things to cause such employees, agents and sub-contractors to whom the confidential information is given, to be bound by all the confidentiality obligations as the Contractor is bound under this Agreement.

1.10.5 The provisions of this clause of GCC shall survive termination for whatever reason, of the Contract. 1.11 Consortium / Joint Venture / Partnership 1.11.1 Joint and Several Liability

If the Contractor constitutes a joint venture, consortium or other unincorporated grouping of two or more entities: a) each of these entities shall be deemed to be jointly and severally liable to the Purchaser for the

performance of the Contract b) these entities shall notify the Purchaser one of such entities as their leader who shall have authority to

bind the Contractor and each of these entities. 1.11.2 Changes in Constitution

Where the Contractor is a partnership firm, Joint Venture or consortium, prior approval in writing of the Purchaser shall be obtained before any change is made in the constitution of the contractor. If prior approval as aforesaid is not obtained, the contract shall be voidable in accordance with the GCC

1.12 Country of Origin 1.12.1 lace where the materials, equipment and other supplies for the Facilities

are mined, grown, produced or manufactured, and from which the services are provided. 1.13 Independent Contracts 1.13.1 The Contractor shall be an independent contractor performing the Contract. The Contract does not create

any agency, partnership, joint venture or other joint relationship between the parties hereto. Subject to the provisions of the Contract, the Contractor shall be solely responsible for the manner in

which the Contract is performed. All employees, representatives or Subcontractors engaged by the Contractor in connection with the performance of the Contract shall be under the complete control of the Contractor and shall not be deemed to be employees of the Purchaser, and nothing contained in the


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Contract or in any subcontract awarded by the Contractor shall be construed to create any contractual relationship between any such employees, representatives or Subcontractors and the Purchaser. The Contractor shall indemnify the Purchaser for any loss suffered or costs incurred by the Purchaser on account of any claims raised by the representatives, employees or third parties to whom the contractor is solely responsible in terms hereof or under the Contract.

2. THE PURCHASER 2.1 Accuracy of Information 2.1.1 The Purchaser shall ensure the accuracy of all information and/or data to be supplied by the Purchaser as

described in the Technical Specification of the Tender, except when otherwise expressly stated in the Contract.

2.2 Permits, Licenses or Approvals 2.2.1 The Purchaser shall provide, at the request of the Contractor, such reasonable assistance in the form of

issue of necessary certificates as required under law so as to allow the Contractor to obtain any permits, licenses or approvals required by the Laws of the Country, which the Contractor is required to obtain under GCC clause 3.2, for the delivery of Goods including clearance through customs. However, no claims can be made by the contractor with respect to this clause. The Contractor shall bear all cost charges and expenses for the licenses, permits and approvals required to be obtained by him under clause 3.2 hereof.

2.2.2 The Purchaser shall acquire and pay for all permits, approvals and/or licenses from all local, state or

national government authorities or public service undertakings that such authorities or undertakings

project. 2.3 Free Issue Material 2.3.1 The Purchaser shall provide Free Issue Material (FIM) if specified in the tender, to Contractor, as per quantities/sizes indicating costs of such free issue material mentioned in the tender.

2.4 2.4.1 Senior General Manager / General Manager / Additional General Manager / Deputy General Manager, Contract. 2.4.2 Project Manager: The Project Manager as mentioned in the Contrac

representative for all technical matters under the Contract and will remain the nodal agency for this purpose during the execution of the Contract.

3 THE CONTRACTOR 3.1 General Obligations 3.1.1 The Contractor shall design (to the extent specified in the Contract), procure / manufacture (including

associated Purchases and/or sub-contracting), inspect, test, pack and supply the Stores with due care and ns, and shall remedy any

defects in the Stores occurring in defect liability period, and remedy latent defects within a further period of five (05) years from end of defect liability period.


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3.1.2 The Stores supplied by the Contractor shall be brand new of the best quality and workmanship and shall

comply in all respects with Particulars of the Contract. When completed, the Stores shall be fit for the purposes for which the Stores are intended as defined in the Contract.

3.1.3 The Contractor shall, whenever required by the Purchaser, submit details of the arrangements and

methods which the Contractor proposes to adopt for the execution of the Contract. No significant alteration to these arrangements and methods shall be made without this having previously been notified to the Purchaser.

3.1.4 The Contractor shall be deemed to have carefully examined all Contract documents and obtained

clarifications from the Purchaser where needed to his entire satisfaction before submitting the bid. In particular and without prejudice to the foregoing conditions and in addition thereto, when tenders are

shall be deemed to be an admission on his part that he has fully acquainted himself with the details thereof and no claim on his part which may arise on account of non-examination or misunderstanding of the Particulars will, in any circumstances, be considered/payable by the Purchaser.

3.2 Permits, Licenses or Approvals 3.2.1 The Contractor shall, at his own cost, acquire in its name all permits, approvals and/or licenses from all

local, state or national government authorities or public service undertakings in India that are necessary for the performance of the Contract. The Contractor shall also acquire all other permits, approvals and/or licenses that are not the responsibility of the Purchaser under GCC sub-clause 2.2.2 hereof and that are necessary for the performance of the Contract.

3.3 Compliance with law 3.3.1 The Contractor shall comply with all laws in force in India and in the States where the Stores are

manufactured. The laws will include all local, state, national or other laws that affect the performance of the Contract and bind upon the Contractor. The Contractor shall indemnify and hold harmless the Purchaser from and against any and all liabilities, damages, claims, fines, penalties and expenses of whatever nature arising or resulting from the violation of such laws by the Contractor or its personnel, including the Sub-contractors and their personnel, but without prejudice to GCC clause 2.1 (Accuracy of Information) hereof.

3.4 Securities 3.4.1 The contractor shall provide the securities in favour of the Purchaser in the form of bank guarantees as

stated in GCC sub-clause no. 3.4.2, 3.4.3 and 3.4.5 here in below subject to the following conditions, a) The bank guarantee shall be from scheduled commercial bank in India (except co-operative bank) and

shall be governed by Indian Laws and be subject to the jurisdiction of courts in Mumbai, India. b) The bank guarantees shall be submitted as per the format annexed to this GCC. c) All bank guarantees are to be sent by the bankers directly to the Purchaser. d) The value of the bank guarantees submitted towards security of advance payments as per GCC sub-

clause 3.4.3 herein below may be reduced once in six months to the extent of receipt of items/materials by the Purchaser and the advance amount adjusted against such receipts.


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3.4.2 Security Deposit: a) Contractor shall furnish Security Deposit for 10% of the total value in respective contract currencies,

for due performance of the said contracts, in the form of a Bank Guarantee within 30 days from the date of award of contracts and it shall be valid till satisfactory completion of the contract and submission of Performance Bond Bank Guarantee pursuant to GCC Sub clause 3.4.5 below, plus a claim period of three months for lodging of claims, if any.

b) If the Contractor fails to provide the Security Deposit Bank Guarantee as stated herein above, within

30 days from the date of issue of Contract such failure shall constitute a breach of contract and the Purchaser shall be entitled to cancel the Contract and make alternate arrangements for the purchase of the Stores contracted from other sources at the risk and expense of the Contractor in terms of GCC sub-clause no. 13.2 (Cancellation/Termination of Contract in Full or Part) hereof and/or recover from the Contractor the damages arising from such cancellation.

c) In the event, the Contractor fails to fulfil the obligations under the Contract, the Purchaser shall have

the right to encash and appropriate the Security Deposit Bank Guarantee. This right shall be in addition to and without prejudice to the rights of the Purchaser to recover from the Contractor any loss or damages that the Purchaser is herein entitled.

3.4.3 Advance / Stage Payments Security As a pre-requisite for release of advance/stage payments, Contractor shall submit bank guarantee for

equal amount denominated in the currency in which such advance/stage payments are to be released, valid till completion of supply plus three months claim period.

3.4.4 Where the Contractor fails to complete supply of Stores within the Contractual Delivery Date, the

Contractor shall extend the validity of Bank Guarantee(s) submitted pursuant to GCC clause nos. 3.4.2 and 3.4.3 above, suitably to cover the extended/expected delivery date well in time and in any extent two(02) months before expiry of original Contractual Delivery Date, failing which, the Purchaser shall have the right to invoke the Bank Guarantee(s) without prejudice to the terms and conditions of the contract.

3.4.5 Performance Bond:

a) The contractor shall submit a Performance Bond in the form of Bank Guarantee for an amount equal to ten (10) percent of the total value of the contract as a security for satisfactory performance and warranty/ guarantee of the Stores supplied by the Contractor and its sub-contractors under the contract.

b) The Performance Bond Bank Guarantee shall be submitted on completion of supply and before

release of (balance 10%) final payment and shall remain valid during the complete defect liability period as per GCC Sub Clause 6.4.1 and any extension to defect liability as per GCC Sub Clause no. 6.4.4 plus a claim period of three (03) months thereafter for lodging of claims.

c) The Performance Bond Bank Guarantee shall also be extended suitably, pursuant to GCC sub-clause

no. 6.4.4 (Extension of Defect Liability), at least thirty days before the expiry of the period of validity thereof in the event of repair / replacement of any Stores or any part thereof during defect liability


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period to take care of extended defect liability period of Stores repaired/replaced and/or Stores remaining idle due to such defects and repair / replacement of the same.

3.4.6 In the event the Contractor is required to extend the validity of the Bank Guarantees submitted for

Security Deposit, Advance Payment and Performance Bond for delays attributable to the Purchaser, the corresponding Bank Guarantee Extension charges shall be borne by the Purchaser.

3.4.7 Indemnity Bond for Free Issue Material (For Fabrication of Items at Contractors works outside

The Contractor shall execute an Indemnity Bond in favour of the Purchaser indemnifying the Purchaser

and keeping the Purchaser indemnified to the extent of full value of FIM till such time the entire contract is executed and proper account for the FIM is rendered by the former to the latter. For this purpose an Indemnity Bond as per Annexure-E shall be executed by the Contractor.

3.5 3.5.1

Purchase Order and shall request the Purchaser in writing to approve the person so appointed. If the

Representative shall be deemed to have been approved. If the Purchaser objects to the appointment within fourteen (14) days giving the reason therefore, then the Contractor shall appoint a replacement within fourteen (14) days of such objection, and the foregoing provisions of this GCC sub-clause no.3.5.1 shall apply thereto.

executives of the company in charge of

each discipline, i.e., Engineering, Planning, Procurement, Manufacturing and Quality Assurance etc. He shall be vested with powers to take prompt decisions.

3.5.2 act for the Contractor at all times during the currency

of the Contract. All notices, instructions, information and all other communications to be given by the ve, except

manner. Regarding, (a) Commercial Issues: Senior General Manager/ General Manager/ Additional General Manager/

Deputy General Manager, C&MM as specified in the Purchase Order (b) Technical issues: Project Manager

3.5.3 without the

procedure set out in GCC sub-clause 3.5.1. 3.5.4 The Purchaser may by notice to the Contractor object to any representative or person employed by the

Contractor in the execution of the Contract who, in the reasonable opinion of the Purchaser, may behave


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inappropriately, may be incompetent or negligent, the Purchaser shall provide evidence of the same, where upon the Contractor shall remove such person from the execution of the Contract.

3.5.5 If any representative or person employed by the Contractor is removed in accordance with GCC sub-

clause 3.5.4, the Contractor shall, where required, promptly appoint a replacement. 3.6 Sub-contracting 3.6.1 The Contractor shall not sub contract any or all of the work without written consent of the Purchaser. The

Contractor shall be solely responsible to the Purchaser for all work including that of the sub-contractor, if allowed by the Purchaser.

3.6.2 The corresponding Annexure (List of Approved Subcontractors) to the Contract specifies major items of

supply or services and a list of approved Subcontractors against each item, including vendors. The bidder in his bid or Part-I bid in the case of two part tender, may indicate additional subcontractors for any of the given items, for evaluation by the Purchaser and if found acceptable, inclusion of such subcontractor in approved subcontractors list. In so far as no Subcontractors are listed against any such item, the Contractor shall prepare and submit to Purchaser a list of Subcontractors for such items for approval and inclusion in such list. List of sub-vendors as issued with the Contract shall be strictly adhered to for procurement of goods/services from designated subcontractor(s). However, under very special and extra-ordinary circumstances, Contractor may request Purchaser for change of subcontractor giving sufficient reasons and submit name and credentials along with contractors recommendation of subcontractor(s) proposed by him to the Purchaser for approval, in sufficient time so as not to impede the progress of work. Approval by the Purchaser for any of the Subcontractors shall not relieve the Contractor from any of its obligations, duties or responsibilities under the Contract.

3.6.3 The Contactor shall select and employ its Subcontractors for such major items from those listed in the

lists referred to in GCC sub-clause 3.6.2.

3.6.4 All payment to the sub-contractors shall be made by the Contractor. 3.6.5 In the event the Contractor violates the condition for obtaining consent under clause 3.6.1 above, the

Purchaser shall become entitled, in its discretion, to rescind that part of the Contract in respect of which such violation has taken place, by giving 30 days notice to the Contractor. However, the Purchaser may in the alternative, scrutinise such Sub-Contract or the Agreement entered into between the Contractor and the Sub-Contractor, and either, ratify such sub-contract/ agreement subject to any conditions or stipulations imposed by the Purchaser in that regard, or afford time to the Contractor to rectify/ remedy his breach.

3.6.6 It will be the duty of the Contractor to make good any defects in the work of the Sub-Contractor or finish

any incomplete work at his own cost, and/or to compensate the Purchaser for any damage done by the Sub-Contractor to the Property or Project of the Purchaser.

3.7 Subletting or Assignment of Contract 3.7.1 The Contractor shall not sublet, transfer or assign the Contract or any part thereof or bills or any other

benefits, accruing there from or under the contract without the prior written consent of the Purchaser. Such assignment or sub-letting if approved by the Purchaser shall not relieve the Contractor from any contractual obligation or responsibility under the Contract.


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3.7.2 Any breach of this condition shall entitle the Purchaser to cancel the Contract or any part thereof and to

purchase from other sources at the risk and cost of the Contractor in terms of GCC sub-clause no. 13.2 (Cancellation/Termination of Contract in Full or Part) hereof and/or recover from the Contractor damages arising from such cancellation.

3.8 Quality Assurance 3.8.1 Procurement, Manufacture & Supply of Stores by the Contractor or Subcontractor(s) shall be subjected to

Inspection, Acceptance and Rejection). 4 SUBJECT MATTER OF CONTRACT 4.1 Scope of Work 4.1.1

supply of all Plant and Equipment (covering design, engineering, procurement, manufacture, Quality Assurance, testing, packing & forwarding transportation and delivery at site) in accordance with the plans, procedures, specifications, drawings, codes and any other documents as specified in the Technical Specifications. Such specifications include, but are not limited to, supply of Spares and Accessories.

4.1.2 In the case of any class of work for which there is no such specifications as referred to above, such work

shall be carried out in accordance with Bureau of Indian Standards Specifications. In case there are no such specifications in Bureau of Indian Standards the work shall be carried out as per manufacturers' specifications. In case there are no such Specifications as referred to above the work shall be carried out in all respects in accordance with the instructions and requirements of the Project Manager.

4.1.3 The Contractor shall carry out / ensure the manufacture of Stores and all other execution of the

Contract with properly equipped facilities and non-hazardous materials, except as otherwise specified in the Contract and without any extra cost to the Purchaser.

4.1.4 The Contractor shall, unless specifically excluded in the Contract, perform all such work and/or supply all

such items and materials not specifically mentioned in the Contract but that can be reasonably inferred from the Contract as being required for efficient functioning of the Stores as per specifications of the Tender, as if such work and/or items and materials were expressly mentioned in the Contract, and without any extra cost to the Purchaser.

4.1.5 Alteration Of Specifications, Patterns And Drawings:

a) The Purchaser reserves the right to alter whenever necessary specifications, patterns and drawings. As from that date, the Stores shall be in accordance with the specifications, patterns and drawings so altered which the Contractor is bound to comply with.

b) In the event of such alteration involving a revision in the cost, or in the delivery period the same shall be discussed and mutually agreed pursuant to GCC clause no. 11.2 (Changes Originating from Purchaser).

4.2 Delivery Schedule 4.2.1 Date of delivery of the Stores stipulated in the Contract, shall be the essence of the Contract and delivery

of Stores must be completed by the dates specified therein. Unless otherwise agreed, the Contract shall come into force from the date of issue of priced Purchase Order (Effective Date) and accordingly


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contractual delivery period shall be reckoned from that date for the purpose of fixing Contractual Delivery Date (CDD).

4.2.2 The Contractor shall complete delivery of the Stores (or of a part where a separate time for delivery of

such part is specified in the Contract) within the Contractual Delivery Date (CDD) stated in the contract. Acceptance by the Purchaser of the Stores delivered by the Contractor after expiry of CDD shall be subjected to GCC clause no. 6.2 (Delay in Supply).

4.2.3 The Contractor shall also ensure that the work sub-contracted by him is duly completed in time period

specified herein. 5 CONTRACT PRICE AND PAYMENT 5.1 Contract Price 5.1.1 The contract price shall be as specified in Section-A of the purchase order, which shall be stated and

payable in the currency as mentioned in GCC clause no. 5.2 (Price Basis) and 5.3 (Currency of Payment) below.

5.1.2 For contract(s) with contractual delivery period less than and upto 12 (twelve) months, the contract price

shall be firm. However, contract price for such contracts(s) can be subjected to price adjustment only in the event of delay attributable to the Purchaser causing actual contract period to exceed 12 (twelve) months, as provided in GCC Sub clause 5.4.2.

5.1.3 For contracts with contractual delivery period exceeding 12 (twelve) months, the contract price shall be

subjected to price adjustment either on positive or on negative side as per GCC clause nos. 5.4 & 5.5 below to reflect changes in the cost of labour, material etc. Any bid containing a proposal for alternative system of pricing, other than so specified under GCC clause no. 5.4 & 5.5 below run the risk of rejection. However, the offer submitted on fixed price basis will not be rejected, but will be treated as the offer with price adjustment being zero. The offer shall specifically confirm adherence to the price adjustment clause of the tender, or whether it is on fixed price basis. The name, source and origin of material and labour indices to be applied for price adjustment shall be as indicated in the bid subject to GCC sub-clause no. 5.5.2 & 5.5.3.

5.1.4 Currency Exchange rate variation for imported raw materials/components shall not be claimed/considered

separately.

5.2 Price Basis The Contract prices of all items and spares covered under the contract shall be on safe delivery basis to

5.2.1 Price break-ups of indigenous items and spares shall be indicated as follows:

i) Ex-works price, including but not limited to CIF value of imported raw material / component required for indigenous manufacture.

ii) Inland transportation and Transit insurance The prices of indigenous items and spares shall be exclusive of all taxes, duties, cess, octroi, etc.

CENVAT benefits available to Indian manufacturers shall, however, be taken into consideration in quoted prices and the Contractor shall pass on the benefits to the Purchaser. CIF value of the imported raw materials/ components included in the Ex-works prices of indigenously manufactured items shall be


GCC/SUPPLY-1/R-2 (05.12.2011) 18 of 53

shown separately for the purposes of 15% price preference loading vis-à-vis domestically manufactured goods for availing Deemed Export benefits, if any.

5.2.2 Price break-ups of imported items and spares delivered directly to the Site from Indian port of entry shall

be indicated as follows: i) FOB prices, ii) Ocean/Air freight & Marine insurance, iii) Port handling/clearance, inland transportation and inland transit insurance.

FOB prices shall be inclusive of all taxes, duties, levies, inland transportation up to the port of shipment and export licensing charges. Other than FOB prices, remaining price elements shall be exclusive of taxes, duties, cess, octroi, etc. applicable in India.

5.2.3 The prices of Commissioning/Start-up spares shall be included in the basic prices of the main equipment

and these spares are to be essentially dispatched with the respective main equipment only. In case of shortage of the Commissioning/Start-up spares during the actual erection and commissioning of the main equipments, additional Commissioning/Start-up spares shall be supplied by the contractor at his own cost and no customs duty / deemed export benefits for such additional Commissioning/Start-up spares shall be available.

5.3 Currency of Payment 5.3.1 The contract price shall be in the currency in which price has been stated by the successful bidder in

accordance with the following, a) For supply of equipment, spares and other materials supplied from abroad and delivered directly to

the Site from Indian port of entry, FOB price of such items shall be in Indian Rupees (INR), and/or any other three freely tradable foreign currencies or any combination of these currencies. Indian Contractor, opting for payment in foreign currency, shall comply with the requirements laid down by Government of India from time to time.

b) For Supply of equipment, spares and other materials from indigenous sources, Ex-works price of such items inclusive of CIF value of imported raw material / component, shall be in Indian Rupees (INR).

c) Incidental charges for supply of indigenous items like transportation and transit insurance charges up

d) Ocean/Air Freight, Marine Insurance, Port Handling/Clearance, Local Transportation and Transit Insurance charges for imported items to be delivered directly to the Purchaser, shall be in Indian Rupees (INR).

e) Supervision Charges for Erection and Commissioning in INR. Charges for expatriate Supervisor engaged for erection and commissioning, in INR, and/or any other three freely tradable foreign currencies.

5.4 Price adjustment 5.4.1 The contract price shall be subjected to price adjustment during the execution of the contract, as provided

herein below. The price adjustment provisions shall not be taken into account for evaluation of offers. 5.4.2 The Contract Price adjustment under GCC clause no. 5.4 & 5.5 will only be applicable for the contracts,

where the original contractual completion period is more than 12 months. For contract(s) where completion period as stipulated in NIT or Purchase order is less than and upto 12

(twelve) months and where there is a delay which is attributed to the Purchaser, due to which the period


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of the contract exceeds 12 months, the contract price adjustments will be applicable for the extended period. (For example, where the original contract period is 10 months and there is extension for 3 months,

defined in GCC sub-clause nos. 5.5.1 below shall be the indices of the last month of the original contract period (i.e., the 10th month in the above example).

5.4.3 Only the following components of the contract price will be subject to Price adjustment:

a) Ex-works price of indigenous plant and equipment excluding spares and value of free issue materials (if any) to be supplied by the Purchaser. The price adjustment will be allowed up-to a ceiling of +/- twenty percent (20%) of the total Ex-works price component. Price adjustment of individual items will be allowed to such an extent that net price adjustment of all the items in a given currency does not exceed this 20% ceiling and shall be payable/ recoverable accordingly.

b) FOB prices of imported plant and equipment excluding spares. The price adjustment will be allowed up-to a ceiling of +/- twenty percent (20%) of the total FOB price component, in each of the contract currencies separately. Price adjustment of individual items will be allowed to such an extent that net price adjustment of all the items in a given currency does not exceed this 20% ceiling and shall be payable/ recoverable accordingly.

5.4.4 No adjustment of prices is allowed on spares, tools, tackles and accessories. Engineering charges, testing

charges, analysis charges etc shown/payable separately shall also not be eligible for Price Adjustment 5.5 Price Adjustment Formula 5.5.1 The price adjustment formula to be applied to the ex-works/FOB price-component of the items shall be as

follows: ECl = EC ( F + a.Ml f1+ b.Nl f2 + c.Ol f3+ d.Pl f4+ e.Ql f5+ lb.Ll flb ) M0 N0 O0 P0 Q0 L0 Where, EC1 = Adjusted ex-works/FOB price-component of items /equipments. EC = Basic ex-works/FOB price-component of items /equipments. M, N, O, P & Q = Corresponding published price indices of various materials. lb = Co-efficient of labour content in the ex-works/FOB cost of item/equipment. L = Labour index. F = Fixed portion of the ex-works/FOB component of the items/equipments

which will not be subject to any adjustment. a, b, c, d & e = Coefficients of major materials involved in the ex-works/FOB price of the

items/equipments. The band of these coefficients is given separately and the Bidders/ Contractors are required to select from the band the coefficients in

- b - Labour coefficient shall add up to one.


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f1, f2, f3, f4, f5 are exchange rate corrective factors for the respective materials and flb is the

exchange rate correction factor for labour with reference to the currency of the country of origin of index and the respective contract currency (INR), such that:

f = Z0 Z1

Where, Z is the number of units of the currency of the country of origin of index, which is equivalent to

as per bills selling exchange rates established by The State Bank of India. In the event origin of index

0

submission of bid [Submission of both Part - I (Technical & Commercial except Price) and Part II (Price Bid)]. For the purpose of exchange rate, if this day happens to be a holiday, the nearest previous working day shall be considered. The Contractor will submit authentic copies of relevant published indices as on this date applicable to the tender, along with his offer or any time before opening of Price bid.

1

a) 90 days prior to the date of dispatch for labour component, and b) The expiry of 2/3rd period from the date of purchase order to the date of dispatch, for material

component.

For the purpose of this clause, the date of dispatch shall mean Contractual Delivery Date as per Contract or actual date of dispatch, whichever is earlier. For the purpose of exchange rate, if this day happens to be a holiday, the nearest previous working day shall be considered for this purpose.

5.5.2 Index of Indigenous Raw materials/components and Labour: The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer

submitted. For the materials the indices as published by Reserve Bank of India and for the labour the indices as published by Labour Bureau Shimla, only shall be applicable

5.5.3 Index of Imported Raw Materials/components: The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer

submitted. The indices shall be well established and nationally recognized in the country of manufacture. If any other index is proposed full justification for its use shall be provided. Preferably only Government indices shall be used.

5.5.4 The Contractor is also required to provide authentic copies of indices pertaining to applicable end dates

along with each dispatch-wise invoice for arriving at adjusted ex-works/FOB price component without which the invoices will not be processed.


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5.5.5 Adjusted Contract Price for Supply component The adjusted contract price shall be:

EC1 + other elements of contract price, if any.

5.5.6 In case of supplies which are delayed beyond the Contractual Delivery Date (as given in the Contract) for reasons attributable to the Purchaser, the price adjustment provisions shall continue to be applicable for an additional period equal to delay caused by the Purchaser, subject to GCC sub-clause 5.4.1, 5.4.2 & 5.4.3. This shall, however not deemed to be automatic extension of Contractual Date of Delivery. In case of supplies which are delayed beyond the Contractual Delivery Date (as given in Contract) for reasons attributable to the Contractor or Force Majeure events, the provision of Price Adjustment shall not be applicable beyond the corresponding Contractual Delivery Date.

In case Supplies are delayed beyond the Contractual Delivery Date (as given in the Contract) and the total delayed period can be apportioned between delays due to the Purchaser, the Contractor and / or Force Majeure events, Price adjustments for the period of delay caused by the Purchaser will be allowed considering as if this delay due to the Purchaser happened first, immediately after Contractual Delivery Date, irrespective of actual point in time in which such delay by Purchaser occurs. No price adjustment shall be allowed for delays apportioned to the Contractor and / or Force Majeure events.

5.5.7 The band of the coefficients applicable for price adjustment are given in GCC sub-clause no. 5.5.7.1

below. The Contractor shall choose each coefficient from the bands in such a way that the sum of all these - b - Labour coefficient shall

add up to one. Further the value of the co-weightage of fixed portion and labour portion (F and lb ), applicable indices, source and their base values for the purpose of price adjustment under this contract are to be furnished by the contractor in his bid or Part-I bid in the case of two part tender, as per the following formats:

5.5.7.1 Ex-works/FOB component of the Items (excluding spares, tools and tackles)

Sl. No. Item

Value of Coefficient Bidders have to restrict each

coefficient within these bands

Source of indices used

Value of base date indices

to the date of submission of Part-I and Part-II Bid.

1 2 3

Fixed portion Materials a. b. c. d. e. Labour

F : 0.15 a = b = c = d = e = L= Between 0.25 to 0.35.

-- --

Between 0.5 to 0.6


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5.6 Terms of payment

5.6.1 Items & Materials (including spares) supplied from indigenous sources as well as those supplied from

abroad for delivery to Site directly from Indian Port of Entry

a) 90% of Ex-works / FOB price will be paid on pro-rata basis along with Transportation, Transit Insurance charges, Price Adjustment amount and Taxes & Duties and levies as applicable, in full, on receipt of the Stores at Site and against submission original shipping release, proof of receipt by the consignee and other documents mentioned in the Contract.

b) Balance 10% Ex-works /FOB price will be released on acceptance of the Stores at Site after

inspection and issue of Site Stores Inspection Report / Receipt Voucher by the consignee (GCC Sub clause 1.1.1 (a)), submission of bank guarantee by the Contractor for 10% of Purchase Order value towards performance of stores as per GCC Sub clause 3.4.5 and if required under the Contract, and in case of contract(s) with Free Issue Material (FIM) Certificate of completion of Free Issue Material

balance Free Issue Material (FIM) to Purchaser's Stores.

For Supply of plant /equipments/machinery/instruments including erection and commissioning, balance 10% (ten) percent of the Ex-works / FOB value for supply plus erection and commissioning charges and taxes in full as applicable thereon will be released on acceptance of the plant/equipment /machinery/instruments at Site after commissioning and final acceptance (GCC Sub clause 1.1.1 (b)), and submission of other documentary evidence as mentioned in the first para of this GCC sub-clause 5.6.1 (b).

5.6.2 Ocean Freight and Marine Insurance, Port Clearance/Handling charges in respect of items supplied from

abroad for delivery to Site directly from Indian Port of Entry : Ocean freight and Marine Insurance, Port Clearance/Handling charges along with applicable taxes and

duties thereon will be released on pro-rata basis against receipt of items at site i.e. along with 5.6.1 (a) above.

5.6.3 Testing/ Analysis Charges Testing/ Analysis charges in full along with Indian taxes and duties as applicable shall be paid on pro-rata

basis on successful completion of corresponding Testing/Analysis, submission of report thereof and acceptance of the same by the Purchaser.

5.6.4 Supervision of Erection and Commissioning Charges:

Service charges for Supervision of erection and commissioning in full along with Indian taxes and duties as applicable will be released on successful completion of erection and commissioning.


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5.7 Application for Payment 5.7.1 The Contractors shall submit their invoices for various payments due as per Purchase Order payment

terms, along with application for payment in the prescribed proforma to the Paying Authority named in the Contract. Proforma of application for payment is enclosed as Annexure-D to the GCC.

5.7.2 Each such application for payment shall be accompanied by all required documents as set forth in the

Contract and/or intimated to the Contractor in advance. The application for payment by the Contractor if found deficient in any respect, shall not be processed and in such an event, the Purchaser shall intimate to the Contractor in writing within 15 days of receipt of such deficient application indicating the deficiency for rectification of the same by the Contractor. Payment will be released within 30 days from the date of receipt of application for payment complete in all respects and acceptable to the Purchaser.

5.8 Mode of Payment 5.8.1 All payments to the Indian Contractors shall be directly made by the Purchaser through Account Payee

cheque and/or through Wire Transfer/ ECS. In the event of payment through Demand Draft/Pay Order, if requested by the Contractor, charges for the same shall be to the account of the Contractor.

5.8.2 No payment made by the Purchaser herein shall be deemed to constitute acceptance by the Purchaser of

the Facilities or any part(s) thereof. 5.8.3 The Purchaser reserves the right to carry out post payment audit and technical examination of the final bill

including all supporting vouchers, abstracts etc. The Purchaser further reserves the right to enforce recovery of any overpayment when detected, not withstanding the fact that the amount of the final bill may have been included by one of the parties as an item of dispute before an arbitrator appointed under arbitration clause of this Contract and not withstanding the fact that the amount of the final bill figures in the arbitration award.

5.9 Interest on Delayed Payment 5.9.1 The Purchaser will pay interest for delay in payments for final 10% basic price [GCC sub-clause no. 5.6.1

(b)] payable on acceptance of items at site at the rate shown in clause 5.9.2 below for the period beyond 95 days from the date of receipt of item(s) till the date of payment subject to receipt of invoice and all supporting documents in acceptable form by the payment due date.

5.9.2 The Purchaser shall pay to the Contractor interest on the amount of such delayed payment at the rate(s)

stated herein below for the period of delay as per GCC sub-clause no. 5.9.1: a) For payment in Indian Rupees: For delayed payment, applicable interest rate shall be Prime Lending

Rate (PLR) of State Bank of India. b) For payment in Foreign Currency: For delayed payment, applicable interest rate shall be London Inter

Bank Offer Rate (LIBOR). 5.9.3 The provisions of this clause 5.9 ( Interest on Delayed Payment ) shall not apply in the event the

Contractor fail to deliver the stores or any part thereof Pursuant to GCC sub-clause 6.1 (Completion Time Guarantee ) within the original Contractual Delivery Date prescribed for the same


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5.10 Recovery of Advance Payments in case of breach of contract 5.10.1 In case the Contractor fails to execute the contract due to reasons not attributable to the Purchaser and

which do not fall under Force Majeure as per the tender conditions, the outstanding advance payments made shall be recovered, along with the interest at the rate specified herein below. This shall be without prejudice to the other remedies available to the Purchaser under the Terms and Conditions of the Contract.

5.10.2 Advance Payment in Indian Rupees: Recovery shall be made with Interest at PLR of State Bank of India. 5.10.3 Advance Payment in Foreign Currency: Recovery shall be made with Interest as per LIBOR. 5.11 Recovery of Sums Due 5.11.1 Whenever any claim for the payment of any Liquidated Damages or loss suffered by the Purchaser arises

in terms of money out of the Contract against the Contractor, the Purchaser shall be entitled to recover such sums from the balance of the total sum, which at any time hereafter may become due to the Contractor from this Contract or any other Contract with the Purchaser. Should this sum be not sufficient to cover the amount of damages or loss that may be recoverable, the Contractor shall pay to the Purchaser on demand the amount due. Purchaser shall also have the right to appropriating, in part or full, the Security Deposit/Performance Bond submitted by the Contractor to recover any/all of its claims on the Contractor.

5.11.2 If the Purchaser has made any claim, whether liquidated damages or otherwise against the Contractor

under this Contract or any other Contract with the Purchaser, the payment of all sums payable under the Contract to the Contractor including the Security Deposit/Performance Bond shall be withheld to the extent of claims due according to the Purchaser till such claims of the Purchaser are finally paid by the Contractor, pending which the same will be adjusted. Notwithstanding the provision for recovery through adjustment, the Purchaser shall be free to recover his claims from the Contractor as per the terms of the Contract.

5.11.3 All sums payable by way of compensation under any of the conditions of contract shall be considered as

reasonable compensation to be applied to the use of the Purchaser wit++hout reference to the actual loss or damage sustained; and whether or not any damage shall have been sustained.

5.12 Taxes and Duties 5.12.1 The Contractor shall bear all non-Indian taxes, duties, levies etc. payable upto FOB in respect of sourcing

items from abroad. 5.12.2 Contractor shall be responsible for payment of all Indian Taxes, Duties and all other statutory levies as

applicable in connection with supply of the Stores. This clause shall be read in conjunction with ITT clause no. 9.0 and contractor can claim reimbursement of Indian Taxes, Duties, Levies paid from the

and 5.5) amounts if any, shall be taken into account in Contract Price on which such Taxes, Duties, Levies etc. are reimbursable by the Purchaser.

5.12.3 For extension in the contractual delivery period for the reasons attributable to the Purchaser and/or Force

Majeure, increase in existing taxes & duties, if any, and new tax component introduced in the extended period shall be reimbursed to the Contractor, subject to ITT Clause no. 9.0 and submission of documentary proof. No increase / new tax shall be payable for the delay period due to reasons attributable to the Contractor.


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5.12.4 In case of any other new indirect taxes / cess, if levied by Government during the contractual delivery

period, the same shall be reimbursed / paid by the Purchaser, as the case may be, at actual against documentary evidence. This provision shall not apply to changes in Personal Income tax or Corporate Income tax or to changes in non-Indian Taxes.

5.12.5 Direct Tax:

a) The Purchaser shall have the right to withhold taxes on income, excess profits, royalty and other taxes from payments due to Contractor under this Contract to the extent that such withholding may be required by the government of India or any relevant authority thereof or by the government of any other country, and payment by the Purchaser to the respective governmental office of the amount of money so withheld will relieve the Purchaser from any further obligation to Contractor with respect to the amount so withheld.

b) The Purchaser shall, at the time of its payments due to the Contractor, withhold the necessary taxes at

such rate as is required by any Government Authority, unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate.

c) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the


d)

shall not be reimbursed by the Purchaser. Contractor shall also be responsible for payment of income taxes of its personnel levied in India or elsewhere.

5.12.6 Indirect Tax:

a) The Purchaser shall, at the time of its payments due to the Contractor, withhold the necessary tax at source at such rate as is required under the respective state sales tax / value added tax legislation unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate.

b) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the


6 GUARANTEES, LIABILITIES AND RISK DISTRIBUTION 6.1 Completion Time Guarantee 6.1.1 The Contractor guarantees that it shall complete the delivery of the Stores covered in the Purchase

Order(or a part for which a separate time is specified in the contract) on or before Contractual Delivery Date (CDD) specified in the Purchase Order, or within such extended time to which the Contractor shall be entitled under GCC clause no. 12.1 (Extension of Time for Completion) hereof.


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6.2 Delay in Supply 6.2.1 Should the Contractor fail to deliver the stores or any part thereof Pursuant to GCC sub-clause 6.1.1

within the CDD prescribed for the same, it shall be construed as a breach of the Contract and the Purchaser shall be entitled at his option to the following:

(a) To receive the facilities after prescribed CDD with the right to recover from the Contractor agreed

Liquidated Damages (LD) at the rate indicated below:

S. No. Delivery Period

Liquidated Damages, Rate per Week (1)

Maximum Amount of L.D. (2)

1. Delivery period (as originally stipulated) not exceeding one year.

@ 1% of the value of delayed/ undelivered portion of the supplies of Purchase Order, per week or part thereof

5% of the value of delayed/ undelivered portion of Supplies of the Purchase Order.

2. Delivery period (as originally stipulated) exceeding one year but not exceeding two years.

@ 0.5% of the value of delayed/ undelivered portion of the supplies of Purchase Order, per week or part thereof.


3. Delivery period (as originally stipulated) exceeding two years.

@ 0.25% of the value of delayed/ undelivered portion of the supplies Purchase Order, per week or part thereof.


However, the payment of liquidated damages shall not in any way relieve the Contractor from any of its obligations and liabilities under the Contract.

(b) To terminate the contract in full or in parts as per GCC sub-clause no. 13.2 (Cancellation / Termination of Contract in Full or Part).

6.3 Functional Guarantees 6.3.1 The Contractor guarantees that during the Guarantee Test, the Stores and all parts thereof shall attain the

Functional Guarantees specified in the Technical Specification of the Contract, subject to and upon the conditions therein specified.

6.3.2 If, for reasons attributable to the Contractor, the level of the Functional Guarantees in respect of the equipment designed and supplied by the Contractor are not met at any time upto expiry of Defect Liability Period, as per the contract, either in whole or in part, the Contractor shall at his cost and expense make such changes, modifications and/or additions to the Equipment or any part thereof as may be necessary to meet level of such Guarantees. The Contractor shall notify the Purchaser upon completion of the necessary changes, modifications and/or additions, and shall request the Purchaser to repeat the Guarantee Test until the level of the Guarantees has been met. If the Contractor eventually fails to meet the level of Functional Guarantees, the Purchaser shall have the right of recourse to levying damages as specified in the Contract, without prejudice to any other rights of the Purchaser under the contract.


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6.4 Defect Liability

The Contractor shall warrant that the Stores, Plant & Equipments supplied under the Contract shall be brand new, free from defects, manufactured with the latest state-of-art of manufacture and conform strictly in accordance with the technical specifications, drawings and data sheets of the Contract. No deviation from these specifications or alteration shall be made without specific and written accord of the Purchaser. All Stores shall be guaranteed to be of the best quality of their respective kinds and shall be free from defects in the design engineering, materials, workmanship, and be of specified size and capacity so as to fulfil in all respects the requirements of the Purchaser as specified in the Contract.

6.4.1 Defect Liability Period

a) Items / Equipment / System / Spares / Tools / Tackles / Accessories The defect liability period shall be 18 months from the date of receipt of items at site or 12 months from the date of acceptance, whichever occurs first.

6.4.2 Contractors Liability for Defective Stores / Facilities

The Purchaser may accept the Store, if it is complete in all respects or alternatively accept the same on such terms as may be considered appropriate. If the Stores after the acceptance thereof is found to have defects, latent or otherwise, notwithstanding that such defects could have been discovered at the time of inspection, or any defects therein are found to have developed during the Defect Liability Period while under proper use or subsequently it is found that Stores failed to fulfil the requirements or Particulars of the Contract, the Purchaser shall be entitled to give a notice to the Contractor during Defect Liability Period and within two (2) months thereafter, setting forth details of such defects or failure and the Contractor shall forthwith make the defective Stores good or alter the same to make it comply with the requirements of the Contract at his own cost. Further if in the opinion of the Purchaser, defects are of such a nature that the same cannot be made good or repaired without impairing the efficiency or workability of the Stores or if in the opinion of the Purchaser, such opinion being final, the Stores cannot be repaired or altered to make it comply with the requirements of the Contract, the Contractor shall remove and replace the same with a Stores conforming in all respects to the stipulated specifications, at the Contractor's own cost. If the repair, replacement or making good is of such a character that it may affect the efficiency of the Stores or any part thereof, the Purchaser may give to the Contractor a notice requiring that certain tests of the defective part of the Stores shall be made by the Contractor immediately upon completion of such remedial work, whereupon the Contractor shall carry out such tests at his own cost.

If such part fails the tests, the Contractor shall carry out further repair, replacement or making good (as the case may be) until that part of the Stores passes such tests. The tests shall be agreed upon by the Purchaser and the Contractor. The Contractor shall also be responsible for any loss or damage to the Stores caused by the Contractor or

out, pursuant to GCC Clause 6.4 (Defect Liability).


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6.4.3 Failure to Remedy Defects If the Contractor fails to make the desired repairs/replacement within 15 days of issue of notice pursuant to GCC Sub clause 6.4.2 then such repairs/ replacement at the cost of the Contractor shall be carried out by the Purchaser, with Stores of the same Particulars or when the Stores conforming to the stipulated Particulars are not in the opinion of the Purchaser readily procurable, such opinion being final, then the nearest available substitute thereof.

The Purchaser may reject at the cost of the Contractor the whole or any part of the Stores, as the case may be, which is defective or fails to fulfil the requirements of the Contract and make the desired repairs/replacement as stipulated above. In the event of such rejection the Purchaser shall be entitled to use the rejected Stores in a reasonable and proper manner for such time as sufficient to enable the Purchaser to obtain replacement, as herein before provided.

6.4.4 Extension of Defects Liability Period

a) If the Stores or any part thereof cannot be used by reason of such defect and/or making good of such defect, the Defect Liability Period of the Stores or such part, as the case may be, shall be extended by a period equal to the period during which the Stores or such part cannot be used by the Purchaser because of any of the aforesaid reasons. Upon correction of the defects in the Stores or any part thereof by repair/replacement, such repair/replacement shall have the Defects Liability Period for a period of twelve (12) months from the time such repair/replacement of the Stores or any part thereof has been completed.

b) In addition, the Contractor shall also provide an extended warranty for any such Stores and during the

period of time as may be specified in the SCC. Such obligation shall be in addition to the defect liability period specified under GCC sub-clause no. 6.4.1.

6.4.5 Latent Defects Liability ability ceases except for latent defects. The

limited to a period of five (5) years from the end of Defects Liability Period of the respective plant and equipment including spares.

In case, there is any dispute between the Purchaser and the Contractor regarding latent defects, any of the

parties listed in the Contract or any other third party as mutually agreed upon by the Purchaser and the Contractor, shall be engaged by the Purchaser for settling the dispute.

The third party, so engaged by the Purchaser shall be paid fee plus reasonable expenditures incurred in the

execution of its duties as mentioned above. These costs shall be initially paid by the Purchaser. In case of latent defect being proved, such costs shall be recoverable from the Contractor and the Contractor shall bear and reimburse such costs to the Purchaser.

If the dispute regarding latent defects can not be settled as above, then the dispute shall be settled as per

provision of GCC Clause 14 (Settlement of Dispute) 6.5 Transfer of Ownership 6.5.1 Ownership of the imported stores (including spare parts) supplied by foreign sub-vendor of the main

Indian contractor to be directly delivered to Site shall be transferred to the Purchaser on the High Seas Sales basis.


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6.5.2 Ownership of the indigenous stores (including spare parts) excluding items of interstate transaction shall

be transferred to the Purchaser when the Stores are brought on to the Site. The Purchaser will issue the requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax.

6.5.3 Ownership of the indigenous stores (including spare parts) covered under interstate transaction shall be

transferred to the Purchaser on sale in transit basis. The Purchaser will issue the requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax. Further, in case of all components, equipments and materials identified by the Contractor and the Purchaser to be dispatched directly from the sub-sub-

6.5.4 Transfer of title shall not in any way relieve the Contractor of its responsibilities and liabilities under the

contract. Notwithstanding the transfer of ownership of the Stores, the responsibility for care and custody thereof together with the risk of loss or damage thereto shall remain with the Contractor until Safe

6.6 Intellectual Property Rights (IPR) Indemnification 6.6.1 The Contractor shall at all times indemnify and hold harmless the Purchaser and its employees and

officers from and against all claims which may be made in respect of Stores covered by this contract against infringement of any right protected by Patent Registration, Law of Designs, Trade Marks, utility model, copyright and other intellectual property rights registered or otherwise existing.

6.6.2 Provided that such indemnity shall not apply when such infringement has taken place in complying with

the specific directions issued by the Purchaser but the Contractor shall pay any royalties or other charges payable in respect of any such use, the amount so paid being reimbursed to the Contractor only if the use was the result of any drawings and/or specifications issued by the Purchaser after submission of the price bid or revised price bid, if any.

6.7 Indemnity against Loss / Damage 6.7.1 Contractor shall indemnify the Purchaser against any risk of accidents or damage to the Stores till safe

6.7.2 Contractor shall indemnify the Purchaser against all latent defects of the stores, for a period of five (05)

years from the end (i.e. satisfactory completion) of the Defect Liability period. 6.7.3 The Contractor shall indemnify the Purchaser and keep the Purchaser indemnified to the extent of full

value of Fr

rendered by the former to the latter. 6.7.4 The Contractor shall indemnify and hold harmless the Purchaser and its employees and officers, and their

respective agents, against all claims, demands, damages, losses, costs and expenses of whatsoever nature (including legal fees and expenses) in respect of : a) bodily injury, sickness, disease or death, of any person whatsoever b) damage to or loss of any property, real or personal (other than the facilities whether accepted or not) arising in connection with design, manufacture, supply and delivery of the stores and remedying of any


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defects, unless attributable to any negligence, wilful act or breach of the Contract by the Purchaser, its employees, officers or their respective agents.

6.7.5 (a) The Contractor shall pay and indemnify the Purchaser against any liability in respect of any fees or

charges payable by him under any Act of Parliament, State Laws, any Government instrument, rule or order and any regulations or by-laws of any Local authority in respect of the Stores prevailing on the date of submission of tender.

(b) The Contractor shall indemnify and hold the Purchaser harmless from and against all claims, damages and expenses arising out of his failure to obtain all permit and licenses which he is required to comply with in respect of Laws, Ordinances, Regulations of the Central or State Government and/or Local/Public Authorities.

6.8 Indemnity for Taxes and Duties 6.8.1 Contractor hereby protects, indemnifies and holds harmless the Purchaser from any and all claims or

liability for income, excess profits, customs duties, royalty or any other taxes, duties, penalties etc., assessed or levied by the government of India or by any appropriate authority thereof or by the government of any other country against Contractor or its Subcontractor or against the Purchaser for or on account of any payment made to or earned by Contractor or its Subcontractor hereunder.

Contractor further protects and holds the Purchaser harmless from all taxes assessed or levied against or on account of wages, salaries or other beSubcontractor and all taxes assessed or levied against or on the account of any property or Equipment of the Contractor.

6.8.2 Contractor shall give prompt notice to the Purchaser of all matters pertaining to non-payments, payment

under protest or claim for immunity or exemption from any taxes and duties. 6.8.3 The Contractor shall be responsible for filing all necessary Tax returns (including, without limitation,

returns for Corporate Income tax, Personal Income tax, Service tax, Sales tax and Excise Duty) with the relevant Government Authorities in accordance with all applicable statutory requirements and shall be responsible for providing all information requested by such Government Authorities.

6.8.4 The Contractor shall also ensure that its subcontractors file such returns as stipulated by the relevant

Government Authorities and furnish such information as requested for by the relevant Government Authorities.

6.8.5 In certain situations, a Government Authority may treat the Purchaser as the representative assessee of the

Contractor and/or its subcontractors and recover the Taxes due to the Government Authority by the Contractor or its subcontractors from the Purchaser. In such situations, the Purchaser shall have the following rights:

(a) The Purchaser shall be entitled to recover from the Contractor, the Taxes paid on behalf of the

Contractor or its subcontractors (together with any costs and expenses incurred by the Purchaser in


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connection therewith) or to retain the same out of any amounts to be paid to the Contractor or its subcontractors that may be in its possession (whether due under this Contract or otherwise) and shall pay only the balance, if any, to the Contractor; and

(b) If the Purchaser is required to furnish any details or documents in such capacity, the Purchaser shall

request the details or documents to be furnished to it by the Contractor and the Contractor shall immediately furnish the same to the Purchaser. If the Contractor fails to comply with the foregoing, any penalty/interest levied on the Purchaser for non-filing or late filing of details or documents in this regard shall be recoverable from the Contractor.

6.9 Limitation of Liability 6.9.1 Except in cases of criminal negligence or wilful misconduct,

(a) the Contractor shall not be liable to the Purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the Contractor to pay liquidated damages and/or any other penalties/recovery etc. specifically provided for in the Contract, to the Purchaser

(b) the aggregate liability of the Contractor to the Purchaser, whether under the Contract, in tort or otherwise, shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the Contractor to indemnify the Purchaser with respect to IPR infringement.

6.10 Insurance 6.10.1 General Requirements for Insurances

reinstatement value during the performance of the contract and the Purchaser shall be named as co--insured shall be

waived. Deductibles / excesses if any, under the insurance policies shall be borne by the Contractor. The identity of the insurers and the type of policies shall be subject to the approval of the Purchaser. Unless otherwise stated, insurances under this sub-clause shall cover all physical loss / damage and third party liability subject only to minimum compulsory / general exclusions. Alterations to the terms of insurance shall not be made without the approval of the Purchaser. The required insurance coverage referred to and set forth in this clause shall in no way affect or limit Contractor's liability with respect to performance of the work or any obligation under the contract / law.

6.10.2 Insurance of Free Issue Materials

The Contractor shall take out and maintain insurance policy as per GCC Sub-clause No. 9.2.3 (Insurance of FIM), to cover loss or damage to FIM supplied by the Purchaser.


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6.10.3 Cargo Insurance during Transport During Marine transit (Sea/Air) and Inland transportation, covering loss or damage as per ICC clause

-Riot-Civil Commotions (SRCC) provisions, for full replacement value of the -

site.

6.10.5 Unless otherwise provided in the contract, the Contractor shall prepare and conduct all and any claims

made under the policies effected by it pursuant to this GCC sub-clause 6.10 and the monies payable by any insurers to the Purchaser ll in turn be paid to the Contractor as per the procedure outlined in GCC sub-clause 6.10.6 below. The Purchaser shall give to the Contractor all such reasonable assistance as may be required by the Contractor in preparation and / or settlement of claims with the

shall not give any release or make any comprise with the insurer without the prior written consent of the Purchaser.

6.10.6 a) Wherever the total damages / loss of equipment / materials would occur, the Contractor would be

entitled to payment to all amounts received from the insurer(s) except the following amounts : (i) the amount paid to the Contractor under the contract in respect of equipment / materials /

services damaged / lost, excluding pro-rata initial / mobilization advance but including the entire amount of Price Adjustment, if any, already paid to the Contractor.

(ii) taxes, duties, and other statutory levies, which have already been reimbursed by the Purchaser.

In the event the claim money settled is less than the total of the amounts in (i) & (ii) above, then the entire claim money settled will be retained by the Purchaser and the Contractor will forewith pay the Purchaser the shortfall amount between the claim money received from the insurer(s) and the total of the amounts as per (i) & (ii) mentioned above. Subsequent payments, if any, due under the contract shall be regulated by the relevant terms of payment.

(b) In case of partial damage to any equipment / material during any stage, upon rectification of the damaged equipment / material to the satisfaction of the Purchaser, the Contractor shall be paid to the extent of claims settled by the Insurer(s).

(c) , any amount(s) disputed by the Insurers and / or not settled

6.10.7 The Contractor shall ensure that, where applicable, its sub-Contractor(s) shall take out and maintain in

effect adequate insurance policies for their personnel and vehicles and for work executed by them under the contract, unless such sub-Contractors are covered by the insurance policies taken out by the Contractor

6.11 Force Majeure 6.11.1 Definition of Force Majeure

Force Majeure shall mean any event which is beyond the control of the Contractor or the Purchaser, as the case may be, which they could not foresee or with a reasonable amount of diligence could not have foreseen and which substantially affects the performance of the Contract, such as


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a) war, hostilities or warlike operations (whether a state of war be declared or not), invasion, act of foreign enemy and civil war,

b) rebellion, revolution, insurrection, mutiny, usurpation of civil or military government, civil commotion,

c) embargo, import restriction, confiscation, nationalization, mobilization, commandeering or requisition by or under the order of Central, State Government or Local Authority in India or any other act or failure to act, of any local, state or national government in India,

d) riot, State/region/country wide transporters strike, e) earthquake, landslide, volcanic activity, fire, flood or inundation, tidal wave, typhoon or cyclone,

hurricane, storm, lightning and pressure waves or other natural disaster, f) nuclear event causing nuclear radiation, radioactive contamination.

6.11.2 Notice of Force Majeure If either party is prevented, hindered or delayed from or in performing any of its obligations under the

Contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event. A Party shall give notice to the other Party when it ceases to be affected by the Force Majeure.

6.11.3 Duty to Minimise the effect The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the

effect thereof upon its or their performance of the Contract and to fulfil its or their obligations under the Contract.

6.11.4 Consequences of Force Majeure The party who has given notice of Force Majeure shall be excused from the performance or punctual

performance of its obligations under the Contract for so long as the relevant event of Force Majeure continues and to the extent that such partCompletion shall be extended in accordance with GCC clause no. 12.1 (Extension of Time for

obligations has been delayed for other cause.

No delay or non-performance by either party hereto caused by the occurrence of any event of Force Majeure shall (a) constitute a default or breach of the Contract, (b) give rise to any claim for damages or additional cost or expense occasioned thereby; if and to the extent that such delay or non-performance is caused by the occurrence of an event of Force Majeure. If the performance of the Contract is substantially prevented, hindered or delayed for a single period of more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on account of one or more events of Force Majeure during the currency of the Contract, the parties will attempt to develop a mutually satisfactory solution.

6.11.5 Force Majeure Affecting Sub-Contractor If any Subcontractor is entitled under any contract or agreement relating to Supply of Stores to relief from

Force Majeure on terms additional to or broader than those specified in this Clause, such additional or


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-performance or entitle him to relief under this Clause.

6.11.6 Limitations Anything in this Contract to the contrary notwithstanding:

a) The affected Party shall not be relieved from obligations under this Contract to the extent any gross negligence of the affected Party aggravates the Force Majeure Event; and

b) Force Majeure shall not apply to obligations of either Party to make payments to the other Party under the Contract.

6.12 Liability of the Government of India 6.12.1 The Purchaser is an independent legal entity with power and authority to enter into Contracts solely on its

own behalf under the applicable Laws of India and general principles of Contracts Law. 6.12.2 It is expressly stated that the Purchaser while entering into an agreement with the Contractor is doing so

solely on its own behalf. The Government of India is not a party to the agreement and has no liability, obligations or rights in the deal.

6.12.3 It is expressly stated that the Purchaser is not an agent, representative or delegate of the Government of

India and the latter shall not be liable for any act, omission, commission, breaches or other wrongs arising out of the Contract.

6.12.4 Accordingly, the Purchaser expressly waives releases and forgoes any and all actions or claims, including

cross claims, or counter claims against Government of India arising out of the Contract.

7 WORK PROGRAM 7.1 7.1.1 The Contractor shall deploy required number of qualified, experienced professionals in design,

engineering, planning, procurement, quality surveillance, etc. as committed under the Schedule of Key Personnel at the time of submission of tender and shall submit to the Purchaser and Project Manager a chart showing the proposed organization to be established by the Contractor, for carrying out work at

with the curricula vitae of such key personnel to be employed within twenty-one (21) days of the Effective Date. The Contractor shall promptly inform the Purchaser and the Project Manager in writing of any deletion or alteration of such an organization chart.

7.1.2 The Contractor shall furnish a phase-wise, month-wise detailed organization he proposes to deploy on the

work. The organization set up shall indicate number, category and grade of personnel in different disciplines, to ensure satisfactory and timely completion of the package contract. Cost and time over runs arising out of insufficient deployment of manpower and non-supply of materials by contractor will be to


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7.1.3 It is to be noted that time is the essence of contract. In order to achieve the schedules dates and to meet the targets, the contractor shall plan to carry out all the activities connected with the contract on two shifts or round the clock shift basis right from the initial stages. Sufficient number of engineering and supervisory staff and labour force will have to be deployed in each shift to ensure that the schedules/ milestone targets are met.

7.2 Program of Performance 7.2.1 Within twenty-eight (28) days of the Effective Date, the Contractor shall prepare and submit to the Project

Manager a detailed program of performance of the Contract, made in the form specified in the Contract or acceptable to the Purchaser and showing the sequence in which it proposes to design, engineering, procurement, manufacture, inspect test and supply the Stores, as well as the date by which the Contractor reasonably requires that the Purchaser shall have fulfilled its obligations under the Contract so as to enable the Contractor to execute the Contract in accordance with the program and to achieve Completion in accordance with the Contract. The program so submitted by the Contractor shall accord with the Time Schedule included in the corresponding Section (Time Schedule) of the Contract and any other dates and periods specified in the Contract.

7.2.2 The Contractor shall update and revise the program as and when appropriate or when required by the

Project Manager, but without modification in the Contractual Delivery Date (CDD) and any extension granted in accordance with GCC clause no. 12.1 (Extension of Time for Completion), and shall submit all such revisions to the Project Manager with a copy to the Purchaser.

7.3 Work Procedures 7.3.1 The Contract shall be executed in accordance with the Technical Specification and as per provision of the

Contract. 7.3.2 The Contractor may execute the Contract in accordance with its own standard project execution plans and

procedures to the extent that they do not conflict with the provisions contained in the Contract. 7.4 Progress of Performance 7.4.1 A meeting will be held in the office of the Project

month to monitor the progress of work. 7.4.2 -clause no.

7.2 (Program of Performance), or it becomes apparent that it will so fall behind, the Contractor shall, at the request of the Purchaser or the Project Manager, prepare and submit to the Project Manager a revised program, taking into account the prevailing circumstances and shall notify the Project Manager of the steps being taken to expedite progress so as to deliver the Stores within the Contractual Delivery Date under GCC sub-clause no. 4.2.2, any extension thereof entitled under GCC sub-clause no. 12.1 (Extension of Time for Completion), or any extended period as may otherwise be agreed upon between the Purchaser and the Contractor.


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7.5 Progress Report 7.5.1 The Contractor shall monitor progress of all the activities specified in the program referred to in GCC

sub-clause no. 7.2 above, and supply a progress report to the Project Manager every month. 7.5.2 The progress report shall be in a form acceptable to the Project Manager and shall indicate: (a) percentage

completion achieved compared with the planned percentage completion for each activity; and (b) where any activity is behind the program, giving comments and likely consequences and stating the corrective action being taken.

7.6 Hindrances 7.6.1 The Contractor is required to maintain Hindrance Register for reporting hindrance if any, while executing

the work, in an approved format. The Contractor shall get record of hindrances in the Hindrance Register(s) approved / endorsed by the Project Manager. Such hindrance in the work endorsed by the

ion. 8 DESIGN AND ENGINEERING 8.1 General Design Obligation 8.1.1 The Contractor shall undertake all design and engineering to the extent specified in Technical

Specifications and necessary for manufacturing, supply of the Stores in accordance and conformity with the provisions of the contract.

8.1.2 In order to ensure effective interface coordination between various items covered under the contract, the

Contractor shall review and provide for all required interfaces between items and also interfaces between items covered under the contract with all external interfaces to other items covered by Purchaser/ other

8.1.3 Preparation of design, engineering drawings and other documents for the Stores by the Contractor shall be

such that the Stores manufactured and supplied by the Contractor are capable of meeting the Performance Guarantees and will be such as could be legally, safely and reliably placed in commercial operation by the Purchaser in accordance with prudent engineering practices.

8.1.4 The Contractor shall co-

and engineering and otherwise accommodate their reasonable interface and interconnection requirements within the limitations of Contractor's design and scope of work hereunder, provided that Purchaser's other Contractors and suppliers shall also similarly co-operate with the Contractor. In case of any non-agreement between the Contractdecision of the Purchaser shall be final and bidding on all the parties.

8.2 Codes and Standards 8.2.1 Wherever references are made in the Contract to codes and standards in accordance with which the

Contract shall be executed, the edition or the revised version of such codes and standards current at the date, one (01) day prior to date of Price bid opening shall apply unless otherwise specified. During the Contract execution, any changes in such codes and standards shall be applied after approval by the Purchaser and shall be treated in accordance with GCC clause no. 11 (Changes in the Scope of Work).


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8.3 8.3.1 The furnishing of engineering drawing/document by the Contractor shall be done in a phased manner in

accordance with the Schedule as specified in the technical specifications and/or as mutually agreed between the Purchaser and the Contractor. The review of these Drawing/Data by the Purchaser will cover only general conformance of the Drawing/Data to the specifications and documents. This review and/or approval by the Purchaser shall not be construed by the Contractor, as limiting any of his responsibilities and liabilities for mistakes and deviations from the requirements specified under these specifications and documents. Only deviations accepted by the Purchaser through official letter from Project Manager or through approved Design Concession Request (DCR) shall be considered as accepted deviations to Technical Specifications.

8.3.2 The Contractor shall prepare (or cause its Sub-contractors to prepare) and furnish to the Project Manager

the documents after due diligent checking and internal approval of the Contractor, that as per Technical Specifications require approval or review by the Purchaser. Any part of the Stores covered by or related to

approval thereof. GCC sub-clauses no. 8.3.3 to 8.3.7 shall apply to those documents requiring the Project

8.3.3 Within fourteen (14) days of date of receipt by the Project Manager of any document requiring the Project

-Clause no. 8.3.2 or the agreed date of submission of such documents as per schedule, whichever is later, the Project Manager shall either return one copy thereof to the Contractor with its approval endorsed thereon or shall notify the Contractor in writing of its disapproval thereof and the reasons therefore and the modifications that the Project Manager proposes. If the Project Manager fails to take action within the said fourteen (14) days, then the Contractor shall be entitled to extension of time in accordance with GCC Clause no. 12.1 (Extension of Time for

to claim time extension as above shall stand extinguished. 8.3.4 The Project Manager shall not disapprove any document, except on the grounds that document does not

comply with Technical Specifications of the Tender or applicable codes/ standards or that it is contrary to good engineering practice.

8.3.5 If the Project Manager disapproves the document, the Contractor shall modify the document and resubmit

-clause no. 8.3.3. If the Project Manager approves the document subject to modification(s), the Contractor shall make the required modification(s), where upon the document shall be deemed to have been approved.

8.3.6 t modification of the document furnished by the

Contractor, shall not relieve the Contractor of any responsibility or liability imposed upon it by any provisions of the Contract except to the extent that any subsequent failure that results from modifications required in writing by the Purchaser.

8.3.7 All costs due to modifications/revisions to documents, drawings and associated re-engineering etc.

drawings etc, shall be to the account of the Contractor. 8.3.8 The Contractor shall be responsible for making all necessary alterations of the Stores/ Facilities which are

occasioned due to any discrepancies, errors or omission in the drawings or other particulars submitted by


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the Contractor irrespective of whether these have been approved by the Purchaser or not provided that such discrepancies, errors or omissions are not because of inaccurate information furnished in writing to the Contractor by or on behalf of the Purchaser. If the Contractor fails to make such alterations, the Purchaser may do so at the risk and cost of Contractor. In addition to above, any and all other expenditure incurred by the Purchaser in this connection shall also be to the account of the Contractor.

8.3.9 The Contractor shall not depart from any approved document unless the Contractor has first submitted to

provisions of this GCC clauManager requests any change in any already approved document and/or in any document based thereon, the provisions of GCC clause 11 (Change in the Scope of Work) shall apply to such request.

8.3.10 The Contractor shall submit hard copies, reproducible and soft/scanned copies with passwords of all

drawings / documents including all latest/ as built drawings, to the Purchaser. 9 PROCUREMENT AND SUPPLY 9.1 General Provisions 9.1.1 The Contractor shall manufacture and/or procure and transport all the Stores in an expeditious and orderly

manner to the Site. The Contractor shall complete the process of placement of Purchase Order(s) on its subcontractors and complete the procurement process in the respective time limits specified for these activities in Technical Specifications.

9.1.2 Procurement, Manufacture and Supply of Stores by the Contractor or Sub-contractor(s) shall be subjected

e no. 10 (Quality Assurance, Inspection, Acceptance and Rejections).

9.2 Free Issue Materials (FIM) 9.2.1 For certain fabrication of items under supply portion, if specified in the tender, the Purchaser shall

provide Free Issue Material (FIM) to Contractor, as per quantities/sizes alongwith costs of such material mentioned in the tender.

9.2.2 The Contractor shall submit cutting diagram or appropriate proposal for optimal utilisation of the FIM.

The cutting diagram or such proposal as approved by the Purchaser's Engineer shall form a part of the Contract.

9.2.3 Unless otherwise specially mentioned in the Contract, on issue of the Contract, the Contractor shall be

advised to collect the FIM from any of the Purchaser's Stores at various sites/ headquarter and shall take an Insurance Policy for the value of the FIM. The Insurance Policy shall be valid till the contractual/ actual delivery date or till the execution of the Contract and shall cover the following.


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INSURED Name and address of the Contractor BENEFICIARY Nuclear Power Corporation of India Limited, acting through Executive Director, Directorate of Contracts and Materials Management or any other officials authorised by NPCIL, .................. (address) RISKS COVERED Any loss or strike, theft, and any damages arising out of external sources such as damages 9.2.4 The Contractor shall be responsible for the safety of the FIM after it is received by him and all through

the period during which the materials will remain in his possession. The Contractor shall take all necessary precautions against any loss, deterioration or destruction of the FIM from whatever cause arising whilst the said material remains in his possession and/or his custody or control. The Contractor shall also not mix-up the material in question with any of his goods and shall render true and proper account of the material actually used. The decision as to whether the Contractor has occasioned any loss, deterioration or destruction of the FIM whilst in his possession, custody or control from whatever cause arising, as also the decision regarding quantum of the damages suffered by the Purchaser shall be final and binding upon the Contractor.

9.2.5 The Insurance Policy with the details indicated at GCC clause no. 9.2.3 shall be furnished by the

Contractor to the Purchaser for acceptance. On acceptance of the Insurance Policy and Indemnity Bond submitted as per GCC clause no. 3.4.7, by the Purchaser, the Contractor shall lift the FIM from Purchaser's Stores at his own cost.

9.2.6 On completion of fabrication or Foreclosure of Contract (GCC clause no. 13.1) or Termination of

Contract (GCC clause no. 13.2), the Contractor shall prepare a full account of the material used for the fabrication and the balance available with him for return to the Purchaser. This account of FIM shall be verified and accepted by the Project Manager before the Contractor is allowed to return the balance

9.2.7 The FIM account, accepted by the Project Manager alongwith proof of receipt of balance material by the

Stores Officer (Consignee), shall be produced by the Contractor for the release of the final payment to the Contractor.

9.2.8 The Purchaser at all times have the right to enter the Contractor's premises where the free issue materials

are stored or where the free issue materials are under manufacture. 9.2.9 The Purchaser at his discretion may allow the balance material such as scrap, cut bits to be retained by the

Contractor in which event the value to be assigned to the balance material will be mutually agreed between the Purchaser and the Contractor and the agreed amount shall be debited to the Contractor's account while settling his final payment.

9.3 Packing and Marking 9.3.1 Packing for Shipment shall be in accordance with the packing specification if any, given in the Tender

Document. The Contractor shall be responsible for the Stores being sufficiently and properly packed and crated for transport by sea, air, rail or road, so as to ensure that they are free from any loss or damages till


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their arrival at destination. The packing and marking of packages shall be done by and at the expense of the Contractor.

9.3.2 Each package shall contain a Packing Note quoting Contract number and date, copy of Shipping Release

and one set of copy of test certificates. Each package shall be marked with name and address of the Contractor, Contract No and date, brief description of the Stores and name and address of the Consignee, dimensions, weight, lifting points and special handling instructions, if any.

9.4 Transportation 9.4.1 Unless otherwise stated the Contractor shall gi

which any major plant and machinery or other major goods will be delivered to the Site stating details such as the description of the Stores, the point and means of dispatch, and the estimated time of arrival at the Site.

9.4.2

i) The Contractor shall transport at his own risk and expense and deliver the Items at the destination specified by the Purchaser on free and safe delivery basis, by selecting any safe mode of transport unless otherwise stated in the contract.

ii) Unless otherwise expressly mentioned in the Contract, the Contractor shall pay and bear all freights and all costs and expenses for transporting the items to the place of delivery specified in the Contract and the price specified in the Contract shall be inclusive of all such packing, handling, forwarding, freight and transit insurance charges. The Contractor shall however, indicate the break up price towards freight and transit insurance charges.

iii) Unless otherwise provided in the Contract, the Contractor shall be entitled to select any safe mode of transport without any transhipment, to carry the Plant and Equipment.

iv) The Contractor shall be responsible for obtaining, if necessary, approvals from the authorities for transportation of the Stores to the Site. The Contractor shall indemnify and hold harmless the Purchaser from and against any claim for damage to roads, bridges or any other traffic facilities that may be caused by the transport of the Stores to the Site.

v) The Contractor shall indemnify and hold the Purchaser harmless against and from all damages, losses and expenses (including legal fees and expenses) resulting from the transport of Stores and shall negotiate and pay all claims arising from their transport.

vi) In the event any stores or item is damaged, lost, stolen, destroyed or otherwise impaired while in storage or transit, Contractor shall at its own expense and cost restore or replace such affected stores or item.

9.4.3 In the case of Contract with Ex-works prices, the Contractor shall arrange transportation of the Stores

9.4.4 High Seas Sale

All imported capital goods and spares procured by indigenous contractor from foreign sub-contractor, to

basis, at the price as shown in the Contract. In the event foreign Sub- ice values exceeds the corresponding value shown in the Contract, implication if any towards Customs Duty shall be to the


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The contractor shall furnish all necessary documents for executing the High Seas sale agreement. In case of delay / failure in submission of documents, the demurrage charges, penalty, sales tax, etc. shall be borne by the contractor. Not withstanding High Seas sales, the Contractor shall remain responsible for all work of port handling / clearance, inland transportation to site and till safe delivery of Stores at

9.4.5 Documentation for Supply of Imported Items

At least three (3) days prior to the embarkation for India of each shipment of Stores, the Contractor shall send a tele-fax to Purchaser setting forth the following information concerning each such shipment: i) A description of the Stores contained in such shipment ii) The date of embarkation and departure iii) The port of origin iv) The means of shipment (air or sea) v) The estimated date of arrival in India compared with Contract Network Schedule vi) The port of entry in India vii) The value of the shipment viii) The approximate weight and volume (gross and net) ix) The name, flag and owner of the vessel if shipment is by sea or the designation of aircraft if

shipment is by air and x) The number and value of bill of lading or airway bill. Within three (3) days after embarkation for India of each shipment, the Contractor shall send to Purchaser by courier for information, a copy of each of the following documents: i) Shipping documents consisting of full set clean bill of lading; ii) Declaration made by Contractor by tele-fax to the insurer and confirmation from the insurer that the

subject cargo is insured under marine cargo insurance; iii) Invoice with itemised prices duly signed by Contractor; iv) Copy of packing lists for each separate package; v) Shipping release issued by Purchaser or his authorized representation; vi) Certificate of origin; vii) Any other documents needed for import clearance.

9.4.6 Documentation for Supply of Indigenous Items On the day of transport, the contractor shall send to the Purchaser by courier for information, a copy of

each of the following documents: i) Transportation documents like airway bill / lorry receipt / railway receipt / delivery challan, etc. ii) Certificate of insurance; iii) Invoice with itemised prices duly signed by Contractor. iv) Copy of packing lists for each separate package; v) Any other documents needed for excise / octroi clearance. vi) Shipping release issued by Purchaser or his authorized representation; vii) Contractor shall also be responsible for obtaining clearances for all indigenous items from excise,

octroi, entry tax etc. for timely and safe delivery of items to the site.


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9.4.7 All demurrage, wharfage and other expenses incurred due to delayed clearance of the material for any reason, other than those for which the Purchaser is responsible, shall be to the account of the Contractor.

9.5 Custom Clearance (For imported items ordered by indigenous main contractor from foreign sub-

contractor) 9.5.1 The C

formalities and handling at all ports of all equipment and material of non Indian origin including those where Purchaser is named importer.

9.5.2 The Contractor shall, at its own expense; handle all imported Stores at the point(s) of import and shall

handle any formalities for customs clearance. This clause shall be read in conjunction with ITT clause no. 9.0 for the purpose of Customs Duty. The Purchaser will make available to the Contractor all documents / applications that are required to be made in the name of the Purchaser as per applicable laws or regulations including requisite documents or certifications as per the extant rules and procedures for availing the exemptions/concessions in Customs Duty, if any. However, it is the responsibility of the Contractor to approach the Purchaser and obtain necessary documents / certificates from the Purchaser well in advance.

9.5.3 The Contractor shall be responsible for the timely clearance of Stores through customs and for all

necessary documentation and procedural matters associated there with. The Contractor shall be responsible for meeting the agreed contractual dates notwithstanding any customs delays and will not be entitsufficient time for clearance through customs.

9.6 Training 9.6.1 The Contractor shall, if required by the Purchaser, provide facilities for the practical training of

Purchaser shall bear boarding, lodging and travelling expenses of its personnel deputed for such training. 9.7 Manuals

Contractor shall submit to Purchaser, the manuals required for the Stores as listed in the technical specification including but not limited to:

9.7.1 Quality Control Manual: Quality assurance for material, procurement, manufacturing, packing and forwarding, preservation at site, erection / Construction including field quality plan etc. shall be furnished with the bid by the Contractor conforming to the standards to be employed by Contractor under the contract

9.7.2 Instruction manuals for equipments / systems:

Contractor shall forward Instruction Manuals, for operation and maintenance along with dispatch of respective equipments/systems required for the plant, as provided by manufacturer / suppliers of equipments / systems.

9.7.3 Operating Manual (Comprehensive & Integrated):

Contractor shall prepare and deliver to Purchaser, the Operating Manual having, but not limited to complete equipment and system instructions for the start-up, operation and maintenance of the plant. Contractor shall consult with Purchaser in the preparation of the Operating Manual and Purchaser will be


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permitted to make recommendations as to the final form and substance of the Operating Manual. The Operation Manual shall be consistent with Prudent Utility Practices, such that the various operations under anticipated operating conditions, result in operation of the Stores at the capacity, efficiency, reliability, safety and maintainability levels contemplated in the contract and shall in no way impair any warranty or guarantee on equipment, materials or services relating to the Stores supplied by Contractor under the contract.

10 QUALITY ASSURANCE, INSPECTION, ACCEPTANCE AND REJECTIONS 10.1 Quality Assurance Program 10.1.1

Facilities or at his Sub-

activities at all stages necessary, and inspection Engineer.

10.1.2 Quality Management System of Contractor: In order to provide assurance to the purchaser, the contractor

shall, based on the Purchaser's QA Programme, prepare a QA manual, which shall be finally accepted by the Purchaser after discussions before commencement of work. The Quality Management System of the contractor shall generally cover, but not limited to the following:

a) His organization structure for the management and implementation of the proposed quality

management system including interfaces. b) Design capabilities & control. c) Documentation control system. d) e) The procedure for purchase or materials, parts, components and selection of Sub-

including vendor analysis, source inspection, incoming raw material inspection, verification of materials purchased etc.

f) Traceability of material used in production. g) System for shop manufacturing and construction/fabrication controls through QA plans. h) Control of non-conforming items and system for corrective and preventive actions, including disposal

of non-conforming items. i) Inspection and test procedures for manufacturing activities. j) Control of calibration and testing of inspection, measuring and testing equipment k) System of indication and appraisal of inspection status. l) System of quality audits. m) Training, certification and authorization of personnel. n) System for authorizing release of manufactured product to the Purchaser. System of intimation by the

contractor, and approval by the Purchaser of stages of completion of Stores. o) System for maintenance of records. p) System for handling, storage, preservation and delivery of items.

10.1.3 In addition, the contractor shall establish a quality plan detailing out the specific quality control procedure to be adopted for controlling the quality characteristics relevant to each item of Stores which are to be supplied as per the contract, in consultation with the Project Manager and have it approved by him before


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start of the work. The contractor shall also submit a list of all key persons to be engaged in the contract, along with their qualification, experience, organizational position etc.

10.1.4 It is to be understood that the role of NPCIL QA is mainly to ensure that proper QA System, as agreed

upon mutually between Purchaser and Contractor, is being implemented by contractor and his sub-contractor, and not inspection. NPCIL QA will carry out random quality check, for which certain tests/inspections may be required to be repeated, as stipulated in approved QAP. For compliance with

followed. 10.1.5 The Contractor shall be required to submit the relevant Quality Assurance document within three weeks

of completion, which shall include relevant test reports connected with all engineering controls adopted by him during manufacture/construction. The Project Manager/ Purchaser or his duly authorized representative reserves the right to carry out Quality Audit and Quality Surveillance of the systems and procedures of the Quality Management and Control Activities of the Contractor/ his vender.

10.2 Inspection, Testing and Rejection 10.2.1 The Project Manager, his duly authorised representative and/or an outside inspection agency acting on

and shall have the power at all reasonable times to inspect and examine the materials and workmanship during manufacture and if part of the Stores is being manufactured or assembled at other premises or works, the Contractor shall obtain for the Project Manager and for his duly authorised representative

10.2.2

including providing access, facilities, permissions and safety equipment. No such activity shall relieve the Contractor from any obligation or responsibility.

10.2.3 The Stores (in part or full) shall be offered by the Contractor for inspection at place of manufacture and/or

on the site or at such places as may be specified by the Inspector at the Contractor's risk, expense and cost. The Contractor shall give notice of readiness of Stores for inspection to the Inspector and shall perform all tests and inspection in presence of the Inspector as per the terms of the Purchase specifications and approved inspection plan. In default of such notice, the Project Manager/ Purchaser shall be entitled to appraise the quality and extent thereof.

10.2.4 Test Certificates and Guarantee Certificates if required by the Inspector shall be obtained and furnished to

him free of cost by the Contractor and/or from the specified agency. 10.2.5 The Contractor shall promptly forward to the Purchaser duly certified reports of the tests. When the

certificate to him, to that effect. 10.2.6 Where consignments are required to be delivered / despatched after inspection by the Inspector as per the

Contract, a "Shipping Release" issued by the Inspector shall be enclosed along with the delivery challan or other shipping documents viz. (Lorry Receipt, Railway Receipt) accompanying the consignments.


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10.2.7 The Contractor agrees that neither the execution of a test and/or inspection of Stores or any part of the Stores, nor the attendance by the Purchaser, nor the issue of any test certificate, shall release the Contractor from any other responsibilities under the Contract.

10.2.8 If any dispute or difference of opinion shall arise between the parties in connection with or arising out of

the test and/or inspection of the Stores that cannot be settled between the parties within a reasonable period of time, it may be referred to Arbitration for determination in accordance with GCC clause no. 14 (Settlement of Disputes).

10.2.9 Except as otherwise specified in the Contract, the Contractor shall provide all apparatus, assistance,

documents and other information, electricity, equipment, fuel, consumables, instruments, labour, materials, and suitably qualified and experienced staff, as are necessary to carry out the specified tests efficiently. The Contractor shall agree, with the Purchaser the time and place for the specified testing of any Stores.

10.2.10 The Purchaser may require the Contractor to carry out any test and/or inspection not covered by the

applicable, incurred in the carrying out of such test and/or inspection shall be payable extra by the Purchaser. Further, if such test and/or inspection impedes the progress of work on the Stores and/or the

in respect of the Time for Completion and the other obligations so affected.

10.2.11 The stores received by the Purchaser will also be subject to inspection and test as may be considered

necessary by the Quality Surveillance Engineer / Purchaser and his decision as regards rejection of Stores shall be final and binding on the Contractor. If any stores are rejected as aforesaid, without prejudice to the foregoing provision, the Purchaser shall be at liberty to:

a) Allow the Contractor to resubmit without

Liquidated Damages as provided in GCC clause no.6.2 (Delay in Supply), Stores in replacement of those rejected within a time specified by Purchaser, the contractor bearing the cost of freight for such replacement without being entitled to any extra payment thereof.

b) Buy the quantity of Stores rejected or other items of similar nature from elsewhere at the risk and cost

of the Contractor in accordance with the provisions contained in GCC clause no. 13.2 (Cancellation / Termination of Contract in Full or Part).

10.2.12 Any Stores submitted for inspection and rejected by the Inspector must be removed by the Contractor

within fourteen days from the date of receipt of intimation of rejection provided that in case of dangerous, infected or perishable Stores, the Inspector (whose decision shall be final) shall notify the Contractor to remove such Stores within 48 hours of receipt of intimation of rejection and it shall be the duty of the Contractor to remove such rejected Stores and the same shall lie at the Contractor's risk from the time of such rejection and if not removed within the aforementioned time, the Purchaser shall have the right either to return the rejected Stores to the Contractor at the Contractor's risk by such mode of transport as Purchaser may select, dispose off or segregate such Stores as he thinks fit at the Contractor's risk and on his account and appropriate such portion of the proceeds as may be necessary and recover any damages or expenses incurred by the Purchaser in connection with said sale and storage, if any. Freight paid by the Purchaser on Stores received and rejected after examination at destination shall be recoverable from the Contractor.


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10.3 Supervision of Erection & Commissioning: 10.3.1

the Stores as specified in SCC/ Contract. 11 CHANGE IN THE SCOPE OF WORK 11.1 Right to vary 11.1.1 Purchaser shall have the right to propose, and order the Contractor from time to time during the

performance of the Contract to make any change, modification, addition or deletion to, in or from the

work and does not constitute unrelated work and that it is technically practicable, taking into account both the state of advancement of the work and the technical compatibility of the Change envisaged with the nature of the Stores as specified in the Contract.

11.1.2 The Contractor may from time to time during its performance of the Contract propose to the Purchaser

(with a copy to the Project Manager) any Change that the Contractor considers necessary or desirable. The Purchaser may at its discretion approve or reject any Change proposed by the Contractor.

11.1.3 Notwithstanding GCC sub-clauses no. 11.1.1 and 11.1.2, no change made necessary because of any

convenience, shall be deemed to be a Change, and such change shall not result in any adjustment of the Contract Price or the Time for Completion.

11.2 Changes Originating from Purchaser 11.2.1 If the Purchaser proposes a Change pursuant to GCC sub-clause no.11.1.1, it shall send to the Contractor

(a) brief description of the Change (b) effect on the Time for Completion (b) estimated cost of the Change (c) effect on Functional Guarantees (if any) (d) effect on any other provisions of the Contract.

11.2.2 Upon receipt of the Change Proposal, the Purchaser and the Contractor shall mutually agree upon all

matters therein contained. Within thirty (30) days after such agreement, the Purchaser shall, if it intends to proceed with the Change, issue the Contractor with a Change Order. If the Purchaser is unable to reach a decision within thirty (30) days, it shall notify the Contractor with details of when the Contractor can expect a decision. If the Purchaser decides not to proceed with the Change for whatever reason, it shall, within the said period of thirty (30) days, notify the Contractor accordingly.

11.2.3 If the Purchaser and the Contractor cannot reach agreement on the price for the Change, an equitable

adjustment to the Time for Completion, or any other matters identified in the Change Proposal, the Purchaser


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Upon receipt of a Pending Agreement Change Order, the Contractor shall immediately proceed with effecting the Changes covered by such Order. The parties shall thereafter attempt to reach agreement on the outstanding issues under the Change Proposal.

If the parties cannot reach agreement within ninety (90) days from the date of issue of the Pending Agreement Change Order, then the matter may be resolved in accordance with the provisions of GCC clause no. 14 (Settlement of Disputes).

11.3 Changes Originating from Contractor 11.3.1 If the Contractor proposes a Change pursuant to GCC sub-clause no. 11.1.2, the Contractor shall submit

to the Project Manager a written Change Proposal giving reasons for the proposed Change and including the information specified in GCC sub-clause no. 11.2.1. Upon receipt of the Change Proposal, the parties shall mutually agree on cost implications thereof.

12 TIME EXTENSION 12.1 Extension of Time for Completion 12.1.1 The Time(s) for Completion specified in the Contract pursuant to GCC sub-clause no. 4.2.2 shall be

extended if the Contractor is delayed or impeded in the performance of any of its obligations under the Contract by reason of any of the following: (a) any Change in the Scope of Work as provided in GCC clause no. 11. (b) any occurrence of Force Majeure as provided in GCC clause no. 6.11, (c) any delay in approval of drawing / document by the Purchaser, under GCC Sub-clause no. 8.3.3. (d) any default or breach of the Contract by the Purchaser, specifically including failure to supply the

items listed in the Contract, or any activity, act or omission of any other contractors employed by the Purchaser.

(e) delays attributable to the Purchaser and included in Hindrance Register pursuant to GCC clause no. 7.6 (Hindrances)

(f) any other matter specifically mentioned in the Contract by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or impediment sustained by the Contractor

12.1.2 Except where otherwise specifically provided in the Contract, the Contractor shall submit to the Purchaser

a request for an extension of the Time for Completion, together with particulars of the event or circumstance justifying such extension as soon as reasonably practicable after the commencement of such event or circumstance. As soon as reasonably practicable after receipt of such request and supporting particulars, the Purchaser shall intimate the Contractor the period of such extension. In the event that the

Contractor shall be entitled to refer the matter for resolution, pursuant to GCC clause no. 14 (Settlement of Disputes).

12.1.3 The Contractor shall at all times use its reasonable efforts to minimize any delay in the performance of its

obligations under the Contract. 12.1.4 The Purchaser shall extend the time(s) for completion as agreed between the parties pursuant to GCC sub-

clause no. 12.1.2 without levy of Liquidated Damages. In the event of grant of such extension of time, the Purchaser shall also reimburse the contractor increase in Statutory levies, if any, in the extended delivery period.


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12.1.5 In the event of grant of extension of time as per this GCC clause no. 12.1 (Extension of Time for

Completion), the provisions of price adjustment as per GCC clause no. 5.4 (Price Adjustment) shall also be applicable in this extended time for completion subject to overall ceiling of price adjustment as per GCC sub-clause no. 5.4.3 (a) and (b) and as per provision of GCC sub-clause no. 5.5.6.

12.1.6 In the event of extension of time for delays due to reasons attributable to the Contractor, the provisions of

this GCC clause no. 12.1 (Extension of Time for Completion) shall not be applicable and provisions of GCC clause no. 6.2 (Delay in Supply) and/or GCC clause no. 13.2 (Cancellation / Termination of Contract in Full or Part) shall be applicable in such cases.

13 FORECLOSURE AND TERMINATION 13.1 Foreclosure of Contract 13.1.1 If at any time after acceptance of the tender / during execution of work the Purchaser shall decide to

abandon or reduce the scope of the work for any reason whatsoever and hence not require the whole or any part of the work to be carried out, the Purchaser shall give notice in writing to that effect to the Contractor and the Contractor shall have no claim to any payment of compensation or otherwise whatsoever, on account of any profit or advantage which he might have derived from the execution of the work in full but which he did not derive in consequence of the foreclosure of the whole or part of the Contract.

13.1.2 Upon receipt of the notice of foreclosure under GCC sub-clause no. 13.1.1, the Contractor shall either

immediately or upon the date specified in the notice of foreclosure

a) Cease all further work, except for such work as may be specified in the notice of termination for the sole purpose of protecting that part of the Stores already executed.

b) Termi

below c) Stop all further purchasing and/ or subcontracting activities related to work foreclosed. d) In addition, the Contractor, subject to the payment specified in GCC sub-clause 13.1.4, shall

i) deliver to the Purchaser the parts of the Stores executed by the Contractor up to the date of foreclosure

ii) to the extent legally possible, assign to the Purchaser all right, title and benefit of the Contractor to Stores as of the date of foreclosure, and, as may be required by the Purchaser, in any subcontracts concluded between the Contractor and its Subcontractors.

iii) deliver to the Purchaser all non-proprietary drawings, specifications and other documents prepared by the Contractor or its Subcontractors as at the date of foreclosure in connection with the stores.

13.1.3 The Purchaser shall have the option to take over Contractors materials or any part thereof of which the

Contractor is legally bound to accept delivery from supplier (for incorporation in or incidental to Stores) provided, however, the Purchaser shall be bound to take over the materials or such portions thereof as the Contractor does not desire to retain.

13.1.4 In the event of Foreclosure of the Contract under GCC sub-clause no. 13.1.1, the Purchaser shall pay to

the Contractor the full amount at contract rates, properly attributable to supplies completed and/or the


GCC/SUPPLY-1/R-2 (05.12.2011) 49 of 53

parts of the Stores executed by the Contractor as of the date of foreclosure. In addition the Purchaser shall also pay a further reasonable amount as certified by the Project Manager but not more than the amount proportionate to the value of balance work, for the items hereunder mentioned which could not be utilized on the work to the full extent because of the foreclosure:

a) For contractors materials taken over or to be taken over by the Purchaser pursuant GCC clause no.

13.1.3, cost of such materials as detailed by the Purchaser. The cost shall however take into account purchase price, cost of transportation and deterioration or damage which may have been caused to materials whilst in the custody of the Contractor, provided that the value so arrived should not be more than the proportionate rate of item of the Contract.

b) If any Free Issue Materials are supplied by the Purchaser the contractor shall furnish a full account

of the same pursuant to GCC sub-clause no. 9.2.6 and balance FIM, shall be returned by the Contractor to the Purchaser at rates not exceeding those at which these were originally issued. Any deterioration or damage which may have been caused whilst the Free Issue Materials were in the custody of the Contractor shall be to the account of the Contractor. In addition, cost of

o the stores of the Purchaser, if so required by the Purchaser, shall be paid to the Contractor.

The Contractor shall, as required by the Purchaser, furnish to him books of account, wage books, time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this clause

13.2 Cancellation / Termination of Contract in Full or Part 13.2.1 The Purchaser, without prejudice to any other rights or remedies it may possess, may terminate the

Contract forthwith as a whole or only such items of work in default, in the following circumstances by giving a notice of termination and its reasons thereof to the Contractor, referring to this GCC sub-clause 13.2.1:

If the Contractor; a) shall offer, or give or agree

his behalf any gift or consideration of any kind as an inducement or reward for doing-or forbearing to do or having done or forborne to do any act in relation to the obtaining or execution of this or any other Contract for the Purchaser; or

b) shall enter into a contract with the Purchaser in connection with which commission has been paid or agreed to be paid by him or to his knowledge, unless the particulars of any such commission and the terms of payment thereof have previously been disclosed in writing to the Purchaser; or

c) Shall obtain a Contract with the Purchaser as a result of wrong tendering or other non-bonafide methods of competitive tendering; or

d) Adopts or has engagprocurement process or the execution of a contract to the detriment of the Purchaser, collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Purchaser of the benefits of free and open competition.

e) indirectly, persons or their property to influence their participation in the procurement process or affect the execution of a contract.

f) being an Individual, or if a firm, any partner thereof, shall at any time be adjudged insolvent or have a receiving order or order for administration of his estate made against him or shall take any


GCC/SUPPLY-1/R-2 (05.12.2011) 50 of 53

proceedings for liquidation or composition (other than a voluntary-liquidation for purpose of amalgamation or reconstruction) under any insolvency Act for the time being in force or make any conveyance or assignment of his effects or composition or arrangement for the benefit of his creditors or purport so to do, or if any application be made under any insolvency-Act for the time being in force for the sequestration of his estate or if a trust deed be executed by him for benefit of his creditors; or

g) Being a company, shall pass a resolution or the Court shall make an order for the liquidation of its affairs, or a receiver or manager on behalf of the debenture holders shall be appointed or circumstances shall arise which entitle the Court or debenture holders to appoint a receiver or manager; or

h) Shall suffer an execution being levied on his goods and allow it to be continued for a period of 21 days; or

i) assigns, transfers, subcontracts (engagement of labour on a piece-work basis or of labour with materials not to be incorporated in the work shall not be deemed to be subletting) or attempts to assign, transfer or subcontract the entire work or any portion thereof without the prior written approval of the Purchaser.

13.2.2 In the event of default by the Contractor in the following circumstances, the Purchaser may, without

prejudice to any other rights it may possess under the Contract, give a notice to the Contractor stating the nature of the default and requiring the Contractor to remedy the same. If the Contractor fails to remedy or to take steps to remedy the same within fourteen (14) days of its receipt of such notice, then the Purchaser may terminate the Contract as a whole or only such items of work in default, by giving a notice of termination and its reasons thereof to the Contractor referring to this GCC sub-clause no. 13.2.2.

If the Contractor

(a) has abandoned or repudiated the Contract or otherwise plainly demonstrates the intention not to continue performance of his obligation under the contract, or

(b) has without valid reason failed to commence work on the Stores promptly or has suspended the progress of Contract performance for more than twenty-eight (28) days after receiving a written instruction from the Purchaser to proceed, or

(c) persistently fails to execute the Contract in accordance with the Contract or persistently neglects to carry out its obligations under the Contract without just cause, or

(d) refuses or is unable to provide sufficient materials, services or labour to execute and complete the supply of Stores in the manner specified in the program furnished under GCC clause 7.2 at rates of progress that give reasonable assurance to the Purchaser that the Contractor can attain Completion of the supply of Stores by the Time for Completion as extended, or

(e) at any time makes default in proceeding with the work with due diligence and continues to do so after a notice in writing of 7 days from the Purchaser, or

(f) commits default in complying with any of the terms and conditions of the Contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him in that behalf by the Purchaser, or

(g) fails to deliver the Stores or any part thereof on or before the Contractual Delivery Date(s), and does not complete them within the period specified in a notice given in writing in that behalf by the Purchaser.

13.2.3 In case the Contract is terminated under GCC sub-clause no. 13.2.1 or 13.2.2 above the Contractor shall

not be entitled to recover or be paid any sum for any work thereof or actually performed under this


GCC/SUPPLY-1/R-2 (05.12.2011) 51 of 53

Contract unless and until the Project Manager has certified in writing the performance of such work and the value payable in respect thereof and he shall only be entitled to be paid so certified.

13.2.4 In case the Contract is terminated under GCC sub-clause 13.2.1 or 13.2.2 above, the Purchaser shall on

such termination have powers to purchase from elsewhere, at the risk and cost of the Contractor, the Stores or part thereof, not delivered and contract for which is terminated, or other items of similar description when such Stores exactly complying with the Particulars are not in the opinion (such opinion being final) of the Purchaser readily procurable.

13.2.5 In the event of action being taken under GCC clause no. 13.2.4, the Contractor shall also be liable for

Liquidated Damages for delay in deliveries, which the Purchaser is entitled to recover as per GCC clause no. 6.2 (Delay in Supply) on that account provided an agreement for such alternate purchase from elsewhere, is made within (six) 6 months of the letter of cancellation sent to the Contractor. The Contractor shall not be entitled to any gain on such purchase made on account of default. The manner and method of such alternate purchase shall be at the entire discretion of the Purchaser, whose decision shall be final. This right shall be without prejudice to the right of the Purchaser, to recover the damages for breach of Contract by the Contractor as provided in the Contract or under the general law.

13.2.6 The termination of the Contract under this clause shall not entitle the Contractor to reduce the value of the

Performance Security Bond Guarantee nor the time thereof. The Performance Security Bond Guarantee shall be valid for the full value and for the full period as per the Contract.

13.2.7 In the event of anyone or more of the above courses under this GCC clause no. 13.2 being adopted by the

Purchaser, the Contractor shall have no claim to compensation for any loss sustained by him by reasons of his having purchased or procured any materials or entered into any engagements or made any advances on account or with a view to the execution of the work or the performance of the Contract.

13.2.8 In any case in which any of the powers conferred upon the Purchaser by this clause, shall have become

exercisable and the same are not exercised, the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable in the event of any future case of default by the Contractor and the liability of the Contractor for compensation shall remain unaffected.

13.3 Termination of Contract on Death 13.3.1 If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the

Contractor is a partnership concern and one of the partners dies then unless the Purchaser is satisfied that the legal representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of partnership, the surviving partners, are capable of carrying out and completing the Contract, the Purchaser shall be entitled to cancel the Contract as to its incomplete part without the Purchaser being in any way liable to pay any compensation to the estate, of the deceased Contractor and/or the surviving partners of the Contractor's firm on account of the cancellation of the contract The decision of the Purchaser that the legal representatives of the deceased Contractor or the surviving partners of the Contractor's firm cannot carry out and complete the Contract shall be final and binding oh the parties. In the event of such cancellation, the Purchaser shall not hold the estate of the deceased Contractor and/or the surviving partners of the Contractor's firm liable for damages for not completing the Contract.


GCC/SUPPLY-1/R-2 (05.12.2011) 52 of 53

14 SETTLEMENT OF DISPUTE 14.1 Settlement by Mutual Consultation: 14.1.1 If any dispute of any kind whatsoever shall arise between the Purchaser and the Contractor in

connection with or arising out of matters covered in the Contract, including without prejudice to the generality of the foregoing, any question regarding its existence, validity or termination, or execution of the facilities whether during the progress of the facilities or after their completion and whether before or after the termination, abandonment or breach of the Contract, the parties shall seek to resolve any such dispute or difference by mutual consultation. Efforts shall be made first to resolve such dispute or difference at the level of Sr. GM (C&MM)/ Project Manager/ Engineer-in-charge level, failing which the matters in dispute shall be discussed for settlement at Corporate Level of the Purchaser and the Contractor. If the parties fail to resolve such dispute or difference by all such mutual consultation(s), then the either party may give a thirty (30) days notice to the other party conveying its intention to commence Arbitration as hereinafter provided as to the matter in dispute, and no Arbitration in respect of this matter may be commenced unless such notice is given.

14.2 Arbitration 14.2.1 Any dispute in respect of which notice of intention to commence Arbitration has been given, shall be

finally settled by Arbitration. The Arbitration may be concluded prior to or after completion of the facilities. Arbitration proceedings shall be conducted in the manner as herein below provided.

14.2.2 Consequent to issue of notice of intention to commence Arbitration by either party, both the Purchaser

and the Contractor shall appoint one Arbitrator each. These two Arbitrators shall agree between themselves and shall appoint a third Arbitrator. The issue in dispute shall then be referred to these Arbitrators. In any Arbitration invoked at the instance of either party to the Contract, the Arbitrator(s) would be free to consider the counter claim of the other party even though they are not mentioned in the reference to Arbitration. The decision either by consensus or by majority of these three Arbitrators shall be final and binding on both the parties and shall be implemented by the parties forthwith.

14.2.3 For Contract issued to an Indian Contractor or to a Consortium in which the Indian Contractor is the lead

partner, the provisions of the Arbitration & Conciliation Act, 1996, and Rules made there under and/or any statutory modifications or re-enactment thereof for the time being in force shall apply to such Arbitration proceedings. The Arbitrator may, from time to time, with the consent of the parties, enlarge the time for making and publishing the award.

14.2.4 For Contract awarded to a foreign Contractor or to a consortium in which the Foreign Contractor is the

lead partner, Rules of Conciliation and Arbitration of the International Chamber of Commerce shall apply to such Arbitration proceedings. The Arbitrator may, from time to time, with the consent of the parties, enlarge the time for making and publishing the award.

14.2.5 For Contract awarded to a Public Sector Enterprise, all matters in dispute to be settled through arbitration

shall be referred to the Permanent Arbitration Mechanism (PAM) of the Department of Public Enterprise, Government of India.

14.3 General 14.3.1 Notwithstanding any reference to Arbitration as herein before provided (a) the Parties shall continue to

perform their respective obligations under the Contract with due diligence, unless they otherwise agree, (b) the Purchaser shall continue to pay to the Contractor any moneys due and undisputed to the Contractor.

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GCC/SUPPLY-1/R-2 (05.12.2011) 53 of 53

15. ABBREVIATIONS USED

BHP Brake Horse Power BOQ Bill of Quantity C&MM Contracts and Materials Management Department ECC Erection Completion Certificate EPC Engineering, Procurement and Construction Contract CDD Contractual Delivery Date CENVAT Centralised Value Added Tax CMRCIV DCR Design Concession Request DRB Dispute Resolution Board ECS Electronic Clearance System FIM Free Issue Material FOB Free on Board GCC General Conditions of Contract GR Good Receipt IPR Intellectual Property Rights ITT Invitation to Tender INR Indian Rupees kW Kilo Watt kWh Kilo Watt Hour L/C Letter of Credit LD Liquidated Damages LIBOR London Inter Bank Offer Rate LR Lorry Receipt MRICAR Material Receipt Intimation Cum Acceptance Report NDT Non Destructive Testing NPCIL Nuclear Power Corporation of India Limited PLR Prime Lending Rate PO Purchase Order QA Quality Assurance Rs. Indian Rupees RR Railway Receipt SCC Special Conditions of Contract Sq. Square T&P Tools, Plants and Equipments USD US Dollar UKP UK Pound VAT Value Added Tax WCT Works Contract Tax

(To be submitted in Non-judicial Stamp Paper of appropriate value) Annexure-A

ADVANCE PAYMENT NUCLEAR POWER CORPORATION OF INDIA LIMITED (Acting through) Executive Director, Directorate Of Contracts & Materials Management NUB, Anushaktinagar, Mumbai-400094. 1. WHEREAS on or about the __________________day of 201_

M/s.________________________________________ a Company registered

under the Companies Act 1956 and having its registered office at

_____________________________________________________________

entered into an agreement bearing

N

with Nuclear Power Corporation of India Limited (A Government of India

Enterprise) acting through Executive Director, Contracts & Material

Management (hereinafter referred to as (Purchaser) for _____________

_____________ .

2. AND WHEREAS under the terms & conditions of the contract an amount of Rs.

___________(Rupees _______________________________ only) representing

____ per cent advance payment out of a contract value of Rs______ (Rupees

____________________________ only ) is to be paid by the Purchaser to the

contractor.

3. AND WHEREAS the Purchaser has agreed in pursuance of the said terms and

conditions of the contract to make an advance payment of Rs. _________ ( Rupees

________________________ only) to the Contractor on the Contractor furnishing a

Bank Guarantee in the manner herein contained.

Page 1 of 4

4. NOW WE, the _______________________________________________(Bank) in

consideration of the purchaser having agreed to pay to the contractor an advance

payment of Rs, ________ ( Rupees ____________ only) do hereby agree and

undertake to indemnify the Purchaser and keep the Purchaser indemnified to the

extent of a sum not exceeding the said sum of Rs.________ ( Rupees

______________ only ) against any damage or loss that may be suffered by the

Purchaser by reason of non-fulfilment of any of the terms and conditions of the

contract by the contractor.

5. WE, _________________________________________ ( Bank ) do hereby

undertake to pay the amount due and payable under this guarantee without any

demur merely on a demand from on behalf of Messrs NUCLEAR POWER

CORPORATION OF INDIA LTD stating that the amount claimed is due by way of

loss or damage caused to or would be caused to or suffered by the Purchaser by

reason of breach by the said Contractor (s) of any of the terms and conditions

contained in the said agreement

the said agreement. Any such demand made on the bank shall be conclusive as

regards the amount due and payable by Bank under this guarantee. However, our

liability under this guarantee, shall be restricted to an amount not exceeding Rs.

______ ( Rupees _____________________________________ only ).

6. We undertake to pay to the Purchaser any money so demanded not withstanding any

dispute or disputes raised by the Contractor (s) in any suit or proceeding pending

before any Court or Tribunal relating thereto our liability under this present being

absolute and unequivocal. The payment so made by us under this bond shall be valid

discharge of our liability for payment thereunder and the Contractor (s) shall have no

claim against us for making such payment.

Page 2 of 4

7. AND WE _____________________________________________( Bank ) hereby

further agree that the decision of the said NUCLEAR POWER CORPORATION OF

INDIA LTD., as to whether the Contractor has committed breach of any such terms

and conditions of the contract or not and as to the amount of damages or loss

assessed by the said NUCLEAR POWER CORPORATION OF INDIA LTD., as

damage or loss suffered by the Purchaser on account of such breach would be final

and binding on us.

8. AND WE ______________________________________________( Bank ) further

agree with the Purchaser that the Purchaser shall have the fullest liberty without our

consent and without affection in any manner our obligations hereunder to vary any of

the terms and conditions of the said agreement or to extent time of performance by

the said Contractor (s) from time to time or to postpone for any time or from time to

time any of the powers exercisable by the Purchaser against the said Contractor (s)

and to forbear or enforce any of the terms and conditions relating the said agreement

and we shall not be relieved form our liability by reason of any such variation or

extension being granted to the said contractor (s) or for any forbearance, act or

omission on the part of the Purchaser or any indulgence by the Purchaser to the said

contractor (s ) or by any such matter or thing whatsoever which under the law relating

to sureties would, but for this provision, have effect of relieving us.

9. This guarantee will not be discharged due to the change in the constitution of the

Bank or the Contractor (s ).

Page 3 of 4

10. Our guarantee shall remain in force until

_____________________________________ and unless a claim under the

guarantee is lodged with us within three months from that date all rights of the

Purchaser under the guarantee shall be forfeited and we shall be relieved and

discharged from all liabilities, thereunder.

11. Notwithstanding anything contrary contained in any law for the time being in

force or banking practice, this guarantee shall not be assignable or

transferable by the beneficiary. Notice or invocation by any person such as

assignee, transferee or agent of beneficiary shall not be entertained by the

bank. Any invocation of the guarantee can be made only by the beneficiary

directly.

Dated the __________________ day of _______________________201_

For_________________________________________ ( Indicate the name of the bank )

Page 4 of 4

(To be submitted in Non-judicial Stamp Paper of Appropriate Value) Annexure - B

SECURITY DEPOSIT NUCLEAR POWER CORPORATION OF INDIA LIMITED (Acting through) Executive Director, Directorate of Contracts and Materials Management, Nabhikiya Urja Bhavan, Entrance Block, Ground Floor, Anushaktinagar, Mumbai 400 094. Sir, 1. In consideration of the NUCLEAR POWER CORPORATION OF INDIA LIMITED

exempt___________________________________________________________

Contractor(s)) from the demand, under the terms and conditions of an agreement no.________ dated ___________ made between ________________________

fulfillment by the said contractor(s) of the terms and conditions contained in the said agreement on production of a Bank Guarantee for Rs.__________________ (Rupees_______________________only). We, ____________________________ (indicate name of bank) at the request of____________________________ contractor(s) do hereby undertake to pay to the Purchaser an amount not exceeding Rs.____________ (Rupees_________________________________________) against any loss or damage caused to or suffered or would be caused to or suffered by the Purchaser by reason of any breach by the said Contractor(s) of any of the terms and conditions contained in the said agreement.

2. We, ____________________________________________________(Bank) do

hereby undertake to pay the amount due and payable under this guarantee without any demur merely on a demand from the Purchaser stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Purchaser by reason of breach by the said Contractor(s) of any of the terms and conditions contained in the said agreement or by reason of the Any such demand made on the bank shall be conclusive as regards the amount due and payable by Bank under this guarantee. However, our liability under this guarantee, shall be restricted to an amount not exceeding Rs.__________ (Rupees___________________________________only)

3. We undertake to pay to the Purchaser any money so demanded not withstanding

any dispute or disputes raised by the Contractor(s)/supplier(s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s)/Supplier(s) shall have no claim against us for making such payment.

1

4. We, _______________________________________(indicate the name of Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Purchaser under or by virtue of the said agreement have been fully paid and its claims, satisfied or discharged or till the NUCLEAR POWER CORPORATION OF INDIA LTD certifies that the terms and conditions of the said agreement have been fully and properly carried out by the said Contractor(s) and accordingly discharges this guarantee. The guarantee is valid until ________ and unless a demand or a claim under this guarantee is made on us in writing on or before the ________________ (i.e. including claim period of three months) we shall be discharged from all liability under this guarantee thereafter.

5. We, _________________________________________(indicate the name of

bank) further agree with the purchaser that the Purchaser shall have the fullest liberty, without our consent and without affecting in any manner our obligations hereunder, to vary any of the terms and conditions of the said agreement, to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Purchaser against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Contractor(s) or for any forbearance, act or omission on the part of the Purchaser or any indulgence by the Purchaser to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the

Bank or the Contractor(s)/Supplier(s). 7. We,_____________________________________________________(indicate

the name of the bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of Purchaser in writing.

8. Notwithstanding what is stated in the above paragraphs, our liability under this

guarantee will be restricted to Rs._______________ (Rupees__________________________only).

9. Notwithstanding anything contrary contained in any law for the time being in force

or banking practice, this guarantee shall not be assignable or transferable by the beneficiary. Notice or invocation by any person such as assignee, transferee or agent of beneficiary shall not be entertained by the bank. Any invocation of the guarantee can be made only by the beneficiary directly.

Dated the_______________day of________________201___

For____________________________ (indicate the name of the Bank)

* * *

2

(To be submitted in Non-judicial Stamp Paper of Appropriate Value) Annexure - C

PERFORMANCE BOND NUCLEAR POWER CORPORATION OF INDIA LTD. (Acting through) Executive Director, Directorate of Contracts and Materials Management, Nabhikiya Urja Bhavan, Entrance Block, Ground Floor, Anushaktinagar, Mumbai 400094.

(Date of purchase order) 1. WHEREAS on or about the _________________day of _________201_

M/s____________________________________ a Company under the Companies Act 1956 and having its registered office at _________________________________________________________________ (hereinafter referred to as 'The Contractor') entered into an agreement bearing No.___________________________ dated __________ (hereinafter referred to as 'The Contract), with Nuclear Power Corporation of India Ltd ( A Government of India Enterprise) acting through Executive Director, Directorate of Contracts & Materials

of________________________(hereinafter referred to as 'The Equipment').

2. AND WHEREAS under the terms and conditions of the contract an amount of

Rs._____________________(Rupees_______________________________only) representing balance_____________per cent payment out of the total value of the contract i.e Rs.___________________(Rupees___________________only) is to be paid to the contractor on the final acceptance of the equipment and on the Contractor furnishing a Bank Guarantee in a manner herein contained duly executed by a Scheduled/Nationalised Bank towards satisfactory performance of the equipment during warranty period, viz _______________months from date of receipt & acceptance of the equipment/material of the Contract.

3. NOW WE, the___________________________________(Bank) in consideration of the promises and the payment of the said sum of Rs.__________(Rupees_________________________________only) by the Purchaser to the Contractor do hereby agree and undertake to pay to the Nuclear Power Corporation of India Limited, on behalf of the Contractor, the amount due and payable under the guarantee without any demur, merely on a demand from the Nuclear Power Corporation of India Limited, stating that the amount claimed is due by way of loss or damage caused to, or suffered by, the Purchaser by reason of unsatisfactory performance of the equipment during the warranty period. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs.___________________ (Rupees__________________________________________only.)

1

4. We undertake to pay to the Purchaser any money demanded notwithstanding any

dispute or disputes raised by the Contractors, in any suit proceedings pending before any court or tribunal relating thereto, our liability under this present being absolute and unequivocal. The payment so made by us under the bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s) shall have no claim against us for making such payment.

5. WE HEREBY further agree that the decision of the Nuclear Power Corporation of India

Limited as to whether the said equipment is giving satisfactory performance or not during the warranty period and as to the amount of damages suffered by the Purchaser on account of unsatisfactory performance of the said equipment shall be final and binding on us.

6. AND WE, the__________________________________(Bank) do hereby agree that

our liability hereinunder shall not be discharged by virtue of any agreement between the Purchaser and the Contractor whether with or without our knowledge and/or consent or by reason of the Purchaser showing any indulgence or forbearance to the Contractor whether as to payment, time for performance, or any other matter whatsoever relating to the contract, which but for this provision, would amount to discharge of the surety under the law.

7. THIS guarantee will not be discharged due to the change in the constitution of the

Bank or the Contractor(s). 8. OUR Guarantee shall remain in force until______________and unless a claim under

the guarantee is lodged with us within three months from that date, all rights of the Purchaser under the guarantee shall be forfeited and we shall be relieved and discharged from all our liabilities hereunder.

9. Notwithstanding anything contrary contained in any law for the time being in force or banking practice, this guarantee shall not be assignable or transferable by the beneficiary. Notice or invocation by any person such as assignee, transferee or agent of beneficiary shall not be entertained by the bank. Any invocation of the guarantee can be made only by the beneficiary directly.

Dated the _______________ day of_____________ 201_

For__________________________ (indicate the Name of the bank)

* * *

2

Annexure-D

APPLICATION FOR PAYMENT

Will be issued later

Annexure - E

FORMAT OF INDEMNITY BOND AGAINST FREE ISSUE MATERIALS (FIM) TO BE EXECUTED ON A NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE.

INDEMNITY BOND

This Indemnity Bond made this_____ day of______ between M/s_________________________ having its registered office at______________

and assigns on one part and Nuclear Power Corporation of India Limited (A Govt. of India Enterprise), acting through Executive Director, CMM or other Officers)

Whereas the Nuclear Power Corporation of India Limited has placed a Purchase Order/Contract No.__________________________________________ dated ________

accepted to execute the Purchase Order. And whereas, the Purchaser has agreed to supply the Free Issue Materials referred to in the Contract/Purchase Order for the purpose of fabrication, machining and supply of the equipment and stores as referred to in the Contract/Purchase Order. And whereas, the Contractor has agreed to furnish an Indemnity Bond for a sum of Rs.______________________________________(Rupees__________________________________) being amount equivalent to the value of the free issue materials to be supplied by the Purchaser. Whereas it is explicitly understood that the materials to be supplied is held by the Contractor for and on behalf of Nuclear Power Corporation of India Limited and that ownership of the materials used for fabrication/machining etc. rests with Nuclear Power Corporation of India Limited, till the fabricated/machined equipment/components are delivered to the Purchaser and balance and left over materials as per free issue material

NOW THIS DEED WITNESSETH THAT IN CONSIDERATION OF THE FREE ISSUE MATERIALS SUPPLIED BY THE NUCLEAR POWER CORPORATION OF INDIA LIMITED.

1. The Contractor hereby undertake to pay to the Nuclear Power Corporation of India Limited on demand the said sum of Rs.______________(Rupees_______________________________) in the event of any breach of the conditions of the Purchase Order, loss and damage of the material and balance material not being returned on or before________________________or any other date mutually agreed.

2. The Contractor shall be totally responsible for safety of the material during

which it remains in their custody/control and adequate care for preservation of the item.

3. The Contractor shall undertake to preserve the material with due and proper care

and to keep it insured for the period during which it remains in their custody/control.

4. The Contractor shall be responsible for safe return of the balance materials off

cuts, scraps to the final destination. 5. This bond shall remain in force and effect so long as the full account of free

issue materials is settled to the satisfaction of the Purchaser and balance material is returned to the Purchaser.

6. The Contractor shall not stand discharged or released from the Indemnity Bond

given by them under this bond on account of any alteration in the obligation of the parties to the Contract or on account of any indulgence or forbearance as to the payment, time, performance, or otherwise granted by Nuclear Power Corporation of India Limited to the Contractor in relation to the Purchase Order.

It witness whereof the parties hereto have caused the bond to be duly executed on the day and the year first above written.

* * *

ANNEXURE-F

The Supplier/Contractors while submitting their bill to the Paying Authority shall furnish the following certificates:

Certified that:

1. Excise Duty claimed in this/these bill/bills is/are not more than what is / are payable under the provisions of the relevant act or the rules made there under.

2. The amount of Rs____________________ claimed as Excise Duty in this bill has been/will be paid to the Excise Authorities in respect of stores covered by the bill as per the procedure laid down by the Excise Authorities.

3. No refund of Excise Duty for the goods covered under the bill/bills has/have been received from the Central Excise Authorities nor our appeal for refund of Excise Duty for the goods covered under the bills are pending with the Central Excise Authorities.

4. In the event of any refund of Excise Duty being received, we undertake to promptly pass on the same to NPCIL. In addition, we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts.

--------------------------------------------------------------------------------------------------------------------------

ANNEXURE-G

Certificate to be furnished by the Contractor along with the invoice/bills when sales/ Central Sales Tax as extra is claimed.

Certified that:

1) Goods and packing charges on which sales tax (Central or State)/ VAT claimed are not exempted from payment of Sales Tax (Central or State)/ VAT under the Provisions of Sales Tax Act or Rules.

2) We, as a registered dealer, are being assessed to Sales Tax.

3) In the event of our getting refund in whole or part of Sales Tax already paid from Sales Tax Authorities, we shall promptly pass on the same to the Purchaser. In additions we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts.

4) We are registered as dealers in the State of _________________ and our local/Central Sales Tax Registration No. is __________________________.

ANNEXURE-H Certificate to be furnished by the contractor along with the Invoice/Bills when service tax is claimed. Certified that: 1. Services on which service tax claimed are not exempted from payment of

service tax under the provisions of Extant Rules. 2. We are registered with Central Excise Department for service tax and our

Registration number is _____________________. 3. We undertake to pursue the matter for refund in case the exemption is

received by NPCIL from the Govt. of India for payment of service tax. In the event of our getting refund in whole or part of Service Tax already paid to Service Tax Authorities, we shall promptly pass on the same to the purchaser. In addition we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts.

Signature of Contractor or their Authorised Representative.

E-SPT/SUPPLY-1

SPECIAL CONDITIONS OF CONTRACT

SPECIAL CONDITIONS OF CONTRACT ___________________________________________________________________________________ The following Special Conditions of Contract (SCC) supplement/ amend General Conditions of Contract (GCC) – Form No. GCC/Supply-1/Rev-2. Wherever there is a conflict between the two, the provisions in SCC shall prevail over those in the GCC.

Special Conditions (SCC No.)

GCC Clause

Reference

Clause Description/Content Special Conditions

1. 3.4.3 This Clause dealing with submission of Bank Guarantee towards Advance Bank Guarantee.

This clause stands deleted.

2. 3.4.5 This clause dealing with submission of Bank Guarantee towards Performance Bond.

This clause stands deleted.

3. 3.4.6 &

3.4.7

This Clause dealing with extension of BG This Clause dealt with Indemnity Bond for FIM

Stands deleted to the extent for extension towards Adv. BG & PBG. Stands deleted

4. 5.4 & 5.5 Price Adjustment & Price Adjustment Formula

Not Applicable

5. 5.6 This Clause dealt with Terms of payment applicable for Supply contract.

Following shall be read in place of Clause No. 5.6 of GCC :- Payment to be released on quarterly basis for the quarter against Certification by Purchaser’s Engineer.

6. 6.2 “Delay in Supply” Following shall be read in place of Clause No. 6.2 of GCC : DOWNTIME Downtime charges for the component will be imposed according to the content of table given below :

A. Downtime Charges A1. Average Restoration Time

(Hrs.) /PC or Printer/ Month (Calculated over a calendar month)

Downtime charges in % of total AMC cost/month Quoted for the particular service.

Upto 1.50 Hrs. No downtime charges >1.51 to 2.50 Hrs. 5 >2.51 to 3.50 Hrs. 10 Beyond 3.51 Hrs. 15 A 2. Average restoration time

(Hrs)/ PC or Server of General Software Problems (Problems in MS-Office, Antivirus, OS, Acrobat reader, AUTOCAD etc.)


Upto 1.50 Hrs. No downtime charges >1.51 to 2.50 Hrs. 5 >2.51 to 3.50 Hrs. 10 Beyond 3.51 Hrs. 15

Also, if any PC/Printer/hard disk of the NAS box is not working (i.e. not usable) for more than eight working hours, downtime charges will be levied at the rate of `.500/- per day excluding holidays. However, the downtime of such a PC/Printer/hard disk of the NAS box during the period will not be added to cumulative downtime, i.e. if downtime charges @ `.500/-

per day has been applied for it. These charges are not applicable when a stand by equipment is provided in place of defective equipment and the function is not affected.

B. Penalty charges on account of non-completion of Preventive Maintenance of PC

B1 Penalty charges on account of non-completion of Preventive Maintenance of PC

Penalty charges per quarter on PO Cost for the quarter

Upto 5% incomplete job

No Penalty

More than 5% and upto 10%

1%


2%


4%

More than 50% 20% Note : All the downtime charges shall not exceed

40 % of payment due for respective quarter except absentee charges for service engineers and penalty due to non completion of preventive maintenance. Absentee charges and penalty charges due to non completion of preventive maintenance shall be calculated in addition to downtime charges. Therefore total penalty charges are equal to downtime charges (with a cap of 40%) + penalty charges due to non completion of preventive maintenance + absentees charges.

C. Absentee charges : Absentee charges shall be levied @ Rs.500/-per

person/day. The charges for absentee shall be calculated in addition to downtime charges calculated for other purposes.

7. 6.4 “Defect Liability” This Clause Stand deleted

8. 10 “Quality Assurance, Inspection, Acceptance and Rejections”.

This Clause Stand deleted

9 List of Annexure at page 4

of 53 under Index

Annexure – ‘A’ Format for ‘Advance Bank Guarantee’

Not Applicable


of 53 under Index

Annexure – ‘C’ Format for ‘Performance Bond’

Not Applicable


of 53 under Index

Annexure – ‘E’ Format for ‘Indemnity Bond against Free issue material’

Not Applicable


of 53 under Index

Annexure – ‘F’ Format for Certificate towards Excise duty’

Not applicable

SUPPLY - 1 SCC Page 1 of 1

SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract (SCC) shall supplement / amend General

Conditions of Contract (GCC) – Form No.GCC/Supply-1/Rev.2. Wherever there is a

conflict between the two, the provisions in SCC shall prevail over those in the GCC.

Special

conditions (SCC No.)

GCC Clause

Reference

Clause Description /

content Specific Conditions

1.0 ----

“Right of Recourse under Civil Liability for Nuclear Damage Act 2010 & Rule 2011 thereof”.

“The Purchaser shall have Right to Recourse against the contractor in accordance with provisions under Section 17(a) of Civil Liability for Nuclear Damage Act, 2010, with following limitations, as stipulated in Rule 24 of the Civil Liability for Nuclear Damage Rules, 2011: The Contractor’s liability shall be to the extent of the Operator’s liability under sub-section 6 of the Act or the value of the contract, whichever is less,

AND The duration of Contractor’s liability shall be limited to duration of initial license issued by AERB or the product liability period, whichever is longer.”

E-SPT/SUPPLY-1

SECTION-C

TECHNICAL SPECIFICATIONS OF STORES

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Tender Specifications for

Comprehensive Annual Maintenance Contract (CAMC) For IT Infrastructure at NPCIL HQ and QA Offices

Description of existing IT infrastructure:

The IT assets at NPCIL HQ (i.e. VSB, NUB, WTC, TVS, Guest house and Office at home), Mumbai and QA Offices at different locations in India are listed in enclosed Annexures from 1 to 5. The IT assets listed in these annexure shall be in the scope of this CAMC.

All the IT assets at NPCIL are identified by a 4 digit IT identification number and all the user complaint calls are logged through a Web based IVRS (Interactive Voice Response System) Complaint Management System and/or web based management system. Database of IVRS server is updated on day-to-day basis. After resolution of the complaint, fault details are logged for the asset complaint history.

Some of the IT Hardware infrastructure and applications may presently be either under warranty or under separate Comprehensive Annual Maintenance Contract (CAMC). Quantity and brief description of the items under warranty and CAMC are given separately in Annexure-9.

1. Scope of work

Scope of work under this contract comprises of management of IT Infrastructure assets at NUB, VSB, TV Stores, WTC Office and Guest House, Offices at Home (OAH) in Anushaktinagar, Mumbai and QA offices located in different locations across India. The work involves:

a) Overall onsite comprehensive maintenance of : i) Desktop PCs, Laptops. ii) Printers (including multi-function units) iii) All-in-one devices used by some users iv) ‘Office at Home’ (OAH) PCs, Laptops located at residences of senior officers at

Mumbai, Navi Mumbai and Thane.

Comprehensive maintenance includes preventive maintenance, problem diagnosis, free replacement of all hardware and plastic parts, and replacement of irreparable components/machines/systems with new equivalent make and/or better configuration. In addition to above following jobs are to be done by CAMC contractor: i) IT Management Services (Infrastructure and Applications complaint management

service). ii) Back up and re-storation. iii) Management of warrantors, service providers and vendors. iv) Asset movement and management including couriering services. v) Co-ordination with the existing AMC contractors as a representative of NPCIL and

other contractors related to IT work in co-ordination with the Engineer-In-Charge (EIC) and taking over the work from existing AMC contractors within one month from the date of commencement of contract.

vi) Management of data recovery. vii) Management of degaussing of HDD (Hard Disks).

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All the above functions are to be managed by the contractor’s qualified and experienced resident support personnel to meet the Service Level Agreement (SLA) as specified in Clause No. 6 and Non-Disclosure Agreement (NDA) specified in Clause No. 8 of this document.

2. General Requirements of CAMC:

All the IT assets being considered here are the ones deployed and maintained at NPCIL HQ for its day to day working. Bidders desirous of ascertaining the condition of the IT assets, which are to be maintained under this contract, before submitting quotation, can visit the premises with prior appointment of the EIC between 10:00 hrs to 16:00 hrs on any working day.

Following requirements shall be met by the CAMC contractor during the contract period: a) Duration of the CAMC contract shall be for one (1) year. The contract shall commence from

the date of issue of PO. The contractor shall quote the charges for CAMC for 1370 PCs and 695 Printers as per the list given in Annexure 1 & 2, taking into consideration that these are in contract for the first 6 months. The contractor shall prepare themselves to extend these in the contract beyond 6 months if required at the same quoted price. The contractor shall also bid for 399 PCs and 484 printers as per the list given in Annexure 4 & 5 taking into consideration that these are in the contract for the next 6 months. The contractor shall prepare themselves to reduce these in the contract for less than 6 months if required at the same quoted price. The contractor shall also bid for 466 Laptops as per the list given in Annexure 3, for one(1) year.

b) On commencement of the contract, the contractor shall complete the survey/ inspection of all IT assets as per the list given by Engineer-in-Charge (EIC) of the contract and prepare a list of machines/ equipments within a period of Fifteen days. During this period all the services as per contract shall be provided by the service provider. During survey/ inspection of each IT item, the configuration of the same shall be noted in the prescribed format and signature of the NPCIL official (current user) shall be obtained.

c) After survey, a detailed report comprising of the list of items recorded with IT number, location, brief configuration, etc., including the healthiness of the machines inspected, shall be submitted to EIC within four weeks of the commencement of the contract. The List submitted by the contractor has to be approved by the EIC for further work on this contract. The healthy asset will be included in the CAMC. The faulty assets will be included in CAMC after the same is restored by the earlier vendor or the agency decided by NPCIL. The list recorded at the beginning of the contract may vary marginally with the list of IT items given here in various Annexure.

d) The IT Assets list shall be regularly updated and reported on monthly basis. e) The contractor shall carry out regular checks and shall be responsible for preventive

maintenance on quarterly basis for all IT assets included in the contract and shall ensure their functioning to the satisfaction of the users. The user signed PM report, shall be submitted with the list of the machines serviced (PM done) during the quarter. The formats for the PM are as per annexure attached. (Necessary changes in the PM format may be done if situation warrants). The PM report shall be in triplicate and on the vendors PM booklet.

f) All malfunctions reported by IT equipment users shall be attended as defined in SLA. The contractor’s personnel shall perform checks to analyze the malfunction, identify the fault and shall repair/replace the failed/ defective parts. The replaced parts shall be equivalent or better than existing part. The consumables like cartridges, toners, laser printer rollers, printer ribbons will be supplied by NPCIL. However, the resident support engineer shall replace the consumables like cartridges, toners, laser printer rollers, printer ribbons. Contractor shall prepare receipts in triplicate for any item/component taken out from a user’s location and signature of the user shall be obtained on this receipt.

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g) Faulty hard disk shall not be permitted to be taken out of NPCIL premises. However if the vendor insists on taking the Hard disk, the same shall be handed over after degaussing. The degaussing facility shall be provided by NPCIL, the manpower for the same shall be provided by the contractor. Contractor shall replace non-repairable hard disk with compatible new hard disk of equivalent make as well as of equal or better capacity. It will be the discretion of the EIC for returning the Hard Disk after degaussing.

h) Contractor shall stock the required spares for various PCs, printers and Laptops at NPCIL for meeting the uptime requirements given in this specification. Necessary lockable storage space shall be provided by NPCIL for this purpose. Required spares are detailed in clause 5.7.

i) Contractor shall extend support to users in resolving issues of software related to OS, MS Office, AutoCAD and other general office applications during the period of the contract for the PCs/Printers/Laptops in CAMC and the machines which are in warranty.

j) Updates and patches of OS shall be regularly installed by contractor in PCs and Servers for the smooth functioning of the applications.

k) Any large scale breakdown which is due to power failure or fire, etc, the contractor shall provide extra manpower if required to deploy new IT equipment provided by NPCIL to the user and restore normalcy.

l) Contractor shall support in-house developed software like IBA, Mozilla (email facility), etc. for all the PCs which are under warranty and are not in this ACMC. This activity involves creation of users and intranet set up. Deputed engineers shall able to solve these software related problems with ease and confidence. List of IT assets under warranty is given in Annexure-9.

m) Contractor shall also support hard-disk degaussing activity and data recovery. Necessary help shall be provided by the contractor for this purpose as and when required.

n) At present two common facilities like color printing, mass scanning and internet café (having 5 to 6 PCs), are provided for NPCIL employees. These facilities have to be manned by contractor and services shall be provided to users for meeting their requirements as and when required.

o) During the contract period, some new machines may be added by NPCIL to the existing machines and/or some old machines may be removed from service. In other words, NPCIL reserves the right to add or delete IT related items to/from the IT assets. Such addition or deletion of machines/IT items will not exceed 10% of the existing inventory in a year. The Contractor’s quotation shall take into account possibility of such changes in assets i.e. the contract value shall remain constant with such changes.

p) Contractor shall provide support for these new machines for software loading viz. MS Office, Internet Explorer, Mozilla, AutoCAD, webmail, IBA, NPC in house developed applications and other general purpose office applications.

q) During the period of the contract NPCIL reserves the right to upgrade hardware and/or software of some of the machines. However, the warranty of the upgraded parts may sometime rest with the supplier of the new replaced/upgraded part. The contractor shall co-ordinate and supervises the upgrade process. After up-gradation, the Contractor shall satisfy himself with the performance of the upgraded machine. Contractor shall agree to maintain such upgraded/ augmented system without any extra cost.

r) Some items covered in this contract may initially be under warranty. The Contractor shall co-ordinate with the party of such contractors as a NPCIL representative during the period of these contracts and shall be binding for taking over comprehensive maintenance from the date of expiry of the existing warranty. Details of such items are given Annexure-9.

s) Contractor shall monitor and manage the IT Assets effectively. Software tools like Call analysis tool, etc. may be used by the contractor if required with approval of EIC. During contract period the software tools utilized for the contract shall be accessible to NPCIL. Data generated by these tools shall be importable to any standard database and the data created through these tools shall be the property of NPCIL. Contractor shall not load any other softwares.

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t) Contractor shall submit summary report of the activities to the EIC on weekly basis. This includes call status, replacement details, spare movement details, PM data, Restoration time, NPCIL Asset Movement data, etc. The contractor also shall give a call analysis report to facilitate upgrading / replacement of IT assets.

u) The contractor shall recommend replacement / up-gradation requirement of IT assets at least once in a quarter to the EIC so that the corrective actions can be taken.

v) As and when required shifting of IT assets within NPCIL premises at Nabhikiya Urja Bhavan, Vikram Sarabhai Bhavan, World Trade Centre (WTC), Trombay Village Stores (TVS) and Home Offices shall be coordinated and carried out by the contractor. Necessary resident support for the same shall be provided. This job shall be carried out as per the direction and with the due approval of the EIC.

w) Co-ordination with vendors, users, etc. x) Movement of IT assets from retired employees to newly allotted employees or shifting of IT

assets, whenever an employee changes his seat. y) To support AUTOCAD installation and updation. z) On the closing date of the contract, all the machines shall be in good working condition. If

any machines are not in good working condition the repairing/restoration of the machines shall be carried out by the existing vendor within two days, however, if the contractor fails to carry out the restoration / repairing, the same shall be carried out by NPCIL from other vendor and the payment for the same shall be deducted from the final payment of the contractor.

3. Man Power to be deployed for CAMC:

a) During contract period the contractor shall provide and maintain a suitably qualified and experienced resident support team at NPCIL HQ comprising of personnel at four (4) levels based on qualification and experience, as follows:

Level- 1 Support:

He/she shall be Graduate in Engineering in IT field from Government recognized Engineering College with minimum 3 years experience in similar type of contract. He/she should be familiar with all areas indicated under scope of work. He/she should also have good communication skill and leadership qualities.

Level- 2 Support:

He/she shall be three years Diploma in Engineering in IT field from Government recognized institute with 3 years experience. The experience should be in handling similar maintenance jobs in IT hardware and applications.

Level- 3 Support:

He/she shall be three years Diploma in engineering from IT field, BCA or BSc (IT) from Government recognized institute with 2 years experience in handling similar maintenance jobs in IT hardware and applications.

In addition to the above the contractor shall also depute graduates from recognized university with 2 years experience. He/ She shall be responsible to forward the call to respective vendor. He/she shall also prepare the monthly and quarterly MIS report and shall submit to EIC.

Level- 4 Support:

Couriering Services:

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Support personnel shall be S.S.C. from Government recognized board with knowledge of computer components.

The qualifications and experience deviation shall not be more than 10% of the total resident support personnel, subject to the authorization and satisfaction of the EIC.

The Contractor shall provide the list of the personnel to be deputed immediately before the commencement of the contract and the same shall be maintained during the execution of the contract. However in exceptional case replacement with equivalent personnel if required shall be informed to the EIC for approval. Qualifications mentioned for all levels are minimum acceptable. Higher qualifications are acceptable, but shall not receive any additional weightage.

Qualified and experienced resident engineers shall be provided at NPCIL office at Mumbai on daily basis from 08:45 hrs to 17:15 hrs on all working days immediately after accepting the contract. The engineers deputed shall be ready to work in extended hours as well as on Saturday/ Sunday/holidays in case of emergency/urgency.

b) The contractor shall provide full details of qualification, experience, etc. of each of the persons proposed to be deployed for this contract. NPCIL reserves the right to assess the resident support personnel, in the beginning of the contract and periodically or as and when need arises. Result of the assessment will be used for continuance of the support person for further period. Contractor’s representative will be present during such assessment.

c) Contractor shall not engage the services of any business partner and Contractor shall not sub-contract any part of this order for execution. However the contractor may hire from the Original Equipment Manufacturer (OEM).

d) Personnel deployed for regular work in NPCIL shall be the employee in the payroll of the Contractor, only exception may be in a case where support of OEM of some IT asset has become necessary, for whatsoever reason. Service of OEM shall be obtained only after obtaining permission from the EIC.

e) Contractor shall pay equal or more than minimum wages and allowances to the personnel deputed to NPCIL as per statutes. NPCIL reserves the right to verify the same any time during the contract.

f) Personnel deployed for contract shall not be changed without approval of NPCIL. Such approval shall be obtained from EIC at least 1 week in advance. If, due to compelling reason, the same is not possible then a person with similar qualification & experience from a panel of personnel, approved earlier by NPCIL authorities shall be used to make such changes.

g) The resident support personnel shall be familiar with equipment with reference to operation and maintenance.

h) For all tasks requiring specific knowledge, backup persons will be made familiar with the tasks. In case a particular person, who is assigned a specific task, is not available due to some reason, the backup person will be deployed to ensure that continuity of the service is maintained. If a support engineer is proposed to be changed due to unavoidable reasons, justification for the same shall be submitted to the EIC for approval.

i) If any engineer is absent, a substitute engineer meeting the qualification and experience requirements shall be provided.

j) The person being engaged for maintenance of IT equipment at office and attend to senior officer’s residence shall be technically competent and shall have decent behavior.

4. Security and attendance: a. Contractor shall submit Police Verification Certificates (PVC) annually for all the resident

support personnel being employed for getting entry passes within 15 days from the commencement of the contract. Till that time resident support personnel will enter with temporary passes.

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b. The contractor employees shall follow all the security requirements and instructions issued by NPCIL Security / Management from time to time. The Contractor shall agree that their personnel will at all times comply with all security regulations in force at NPCIL premises.

c. NPCIL will not be liable for any injury, loss of life, etc to the contractor’s personnel during the execution of the contract.

d. NPCIL working hours are between 8:45 AM to 5:15 PM on all working days between Monday to Friday. The contractor’s persons have to follow this timing.

e. If need arises, NPCIL may ask of the contractor’s persons to come early or stay after office hours. The resident engineers shall have to attain office or resident calls on any holiday. This may be required to ensure that all the IT services are functioning properly before the arrival of all NPCIL employees in the morning and to attend to any problem faced by late working employees in the evening. With EIC’s permission, the resident engineers may leave office early or late coming, once in a month on genuine reason.

5. Specific Requirements

It is not the intent to specify full detail of jobs to be performed by contractor, however as a minimum following tasks have to be performed by contractor in addition to work as demanded by the various activities indicated under the scope of work.

5.1 Asset management.

Job involves management of Asset Database, the overall change process, failure analysis, etc in order to ensure control of IT asset. To perform above task, contractor can use any appropriate tool like call analysis tool. But the asset management data shall be generated in a format as desired by NPCIL (MIS Report) on a quarterly basis. Periodic export of data shall be taken and the same shall be imported to any standard data base provided by NPCIL.

They shall undertake periodic audit of IT asset and track software installations and its license for all the PCs mentioned in the Annexure including the PCs under warranty and not in AMC.

Detailed Deliverables:

Create asset (hardware / software) database by recording information like used by, used for, division, department configuration, IT identification number, serial number, asset code, warranty and AMC details, Procurement details, inventory management etc.

Updated asset database for audit or inspection is available at any time.

Monitoring and management of upgrade and relocation of assets (including software)

Features available in software based call analysis tool shall be indicated and change as NPCIL requirement if required may be implemented in the tool.

5.2 Desktop PCs and Laptops Maintenance

a) The comprehensive maintenance includes preventive maintenance, problem diagnosis, repairs and restoration of all the PCs and Laptop. This is inclusive of free replacement of all hardware parts including plastic parts.

b) The lists of Desktop PCs, Printers, Laptops and their configuration, quantity, date of purchase etc, are given in Annexure-1 to 5.

c) All machines are loaded with Linux, MS-Windows or similar operating systems. It will be the responsibility of the Contractor to carry out the maintenance (if any) of these

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operating systems including loading/ reloading of software packages, patches, etc for all the PCs mentioned in the Annexure, including those which are under warranty and are not in AMC. Necessary software will be provided by NPCIL.

d) Supporting the desktop Operating Systems, Office Automation like MS Office /mail clients for all the PCs mentioned in the Annexure, including those which are under warranty and are not in AMC. Necessary software will be provided by NPCIL.

e) Configuration of standard packages on desktops/ laptops. f) Installing / upgrading software on the clients and applying OS Patches g) Call forwarding/managing h) Addition, deletion or upgrade of hardware, Operating Systems or any standard package

shall not be carried out by the contractor without prior approval of EIC. i) Backup (daily, weekly & monthly) procedure shall be evolved in consultation of EIC as

per NPCIL procedure. j) Recovery operations shall be carried out in case of data loss from the backup media.

Back up media shall be provided by NPCIL. k) Creation / maintenance of users and allocation of access rights / IDs, System auditing.

Managing disk space availability shall also be performed. l) Contractor shall extend support for degaussing of HDDs.

Resident Support Requirement:

Resident support shall be made available from all Levels (Level 1 to Level 4).

5.3 Printers and other peripherals:

Different models of printers of all major manufacturers are in use at NPCIL. The CAMC covers trouble shooting on printers and other peripheral, related issues, repairs and restoration inclusive of free replacement of all hardware parts including plastic parts. For any standby printer provided temporarily, the cartridge/toner shall be made available by the contractor till the time the printers are in use in NPCIL. If any of the equipment is non-repairable by the contractor, the same shall be replaced with acceptable/equivalent or better make equipment with adequate numbers of cartridges.

The details of Printers to be maintained are given in Annexure.

Resident Support Requirement: Resident Support is required as per Clause No. 3.

5.4 Back Up and Recovery Management. NPCIL maintains data storage facility consisting of 12 servers of NAS (Make SYNALOGY, Model DS 1010+). Each NAS consisting of 5 Nos. of 2TB capacity hard disk, configured with RAID 6. The job shall be done under the supervision of NPCIL Engineer-in-Charge. The job involves the following. a) Comprehensive maintenance includes preventive maintenance, repair and restoration of

storage devices. This is inclusive of free replacement of all hardware parts. b) Create storage area and allot appropriate space with the consultation of EIC for the

same. c) Monitoring the performance and health of NAS. d) Ensuring Successful backup of all pre-defined critical applications, databases, file servers,

system states, mailing subsystem and crucial server setups. e) Conducting regular restoration exercise with backed-up data to confirm backup validity. f) Restoring data in case of request from user in the event of data deletion by user

accidentally or in case of corruption of data.

Resident Support is required as per Clause No. 3.

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5.5 Support for ‘Office at Home’:

The office at home (OAH) comprise of Desktop PC with multifunction Printer, Laptop along with broad band connectivity. All required job have to be carried out at the residence of the senior officer to a possible extent. If the same cannot be rectified, equipment may be brought to NPCIL office, rectified and returned to the residence.

Resident Support:

The person visiting OAH locations should carry out the required work efficiently in a pleasing manner as per the convenience of the residents at the location.

5.6 Management of Warrantors, Service Providers and Vendor:

Many IT assets are either under warranty or under AM Contract. Contractors shall co-ordinate with warrantor/ Service provider and take appropriate action to make the equipment functional. For the assets under AMC, contractor shall co-ordinate with existing AM contractor in consultation with EIC and take over the work from existing AM contractor, within one month from the date of commencement of contract. The vendor shall support all the existing software like OS, MS Office, Mozilla Thunderbird, AutoCAD, etc. and other in- house developed software like IBA, etc.

Resident Support is required as per Clause No. 3.

5.7 Maintenance Spares: Contractor shall stock the required spares as mentioned in the table given below for various items at NPCIL for meeting the uptime requirements given in this specification. Necessary lockable storage space shall be provided for this purpose. Faulty spares shall be replaced within four working days. Faulty spares (except HDD) will be returned to the vendor. a) Spares for PCs and Laptops

Sr. No. PC and Laptops spares description

Minimum quantity to be kept as spares

1 Motherboard (945 and G31/41) – PC / Laptop

15 Nos. each

2 Hard Disk - SATA and Laptop HDDs 10 and 20 Nos. (Min 320/500 GB)

3 DVD-ROM/W Drive for PC and Laptop 10 Nos. each

4 LAN Cards 05 Nos.

5 RAM (DDR-2/DDR-3 of 2 GB and above) for PCs and Laptops

10 Nos. each

6 Keyboards for PC and Laptop 10 Nos. each

7 Mouse for PC and Laptop 25 Nos.

8 Cordless keyboard and mouse 05 Nos. each

9 SMPS for PC and Laptop 15 Nos. each

10 LED Monitor (19”) and Laptops LED display

10 Nos. and 5 Nos. each

11 Supply Cables, Printer Cables 10 Nos. each

12 CPUs complete with motherboard, SMPS, Cabinet, fan and Windows 8.1 preloaded

10 Nos.

13 Laptops not more than 3 yrs old, Windows 8.1 preloaded

10 Nos.

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Spares for Printers

Sr. No. Description of Spares Min. Qty. to be kept as spares

1 Logic Card / Main Board 1 No. of each for each type of printer (wherever applicable)

2 Fuser Assembly

3 Printer Head

4 Imaging Unit

5 CC Display

6 Paper Pick Up Roller 2 No. each for each type of printer (wherever applicable)

7 Separation Pad 1 No. each for each type of printer (wherever applicable)

8 DeskJet Color printers A4 size 10 Nos.

Above mentioned spares are to be kept in reserve for the printers mentioned in Annexure. In addition to above the vendor should also stock the required spares not mentioned in the table to reduce the downtime penalty charges. The replacement PC/Printer/Laptop shall be equivalent or better. During the provision of printer as standby, cartridges/tonners shall be supplied by the vendor.

6.0 SERVICE LEVEL AGREEMENT (SLA)

6.1 Up time requirement:

In case of PCs, Printers, Laptops, etc. equivalent or better machines shall be provided as stand by, if the break down is expected to be / is more than 8 hours. (in case of printers) Cartridge or toner shall also have to be provided with the printer for all stand-by printers provided to the users by the contractor. a. Time of restoration of the maintenance calls of the PCs will be calculated on monthly

basis. Average Restoration Time shall be calculated by the following formula: Average Restoration Time = Sum of restoration time of all PCs in a month

Total number of PCs maintained in that month b. The Average Restoration Time (as calculated above) over the month shall not go beyond

1.50 hours/PC/Month (calculated over a calendar month). c. Also, if any PC/Printer/hard disk of the NAS box is not working (i.e. not usable) for more

than eight working hours, downtime charges will be levied at the rate of Rs.500/- per day excluding holidays. However, the downtime of such a PC/Printer/hard disk of the NAS box during the period will not be added to cumulative downtime, i.e. if downtime charges @ Rs.500/- per day has been applied for it. These charges are not applicable when a stand by equipment is provided in place of defective equipment and the function is not affected.

d. The downtime will be calculated from 0845 hrs to 1715 hrs, from Monday to Friday, excluding holiday.

e. The above downtime charges criteria is applicable to printers including Multi Functional Printers.

f. The vendor shall assess the work load and define an optimum team size of required qualification and experience as resident support in order to maintain the desired quality of service and uptime. The declared team size at the time of contract acceptance must be maintained by the vendor throughout the contract period.

g. Absentee charges will be levied @ Rs.500/- per person/day. The charges for absentee shall be calculated in addition to penalty calculated for other purpose.

h. While submitting the PM reports for the quarter to EIC, vendor have to submit List of the equipments serviced during the contract with location, Muster’s photo copy, List of the

10 of 12

Resident Engineers with their residential address and mobile number (preferably MTNL mobile number), spares kept in NPCIL certified by Stores-In-charge, category wise PCs serviced during the quarter, etc. Performance Certificate issual will be based on the above mentioned documents submission. PM formats for PCs, printers and Laptops are attached. (The PM format may be changed if necessity arises).

6.2 Downtime charges: Downtime charges for the asset as described above will be imposed according to the content of table given below:

Sr. No. Average Restoration Time (Hrs) / PC or Printer / Month (Calculated over a calendar month)


A -1

Up to 1.50 Hrs No downtime charges

>1.51 to 2.50 Hrs 5

>2.51 to 3.50 Hrs 10

Beyond 3.51 Hrs 15

A-2 Average restoration time /PC or Server of General software problems (Problems in MS-Office, Antivirus, OS, Acrobat reader, AUTOCAD, etc.) which are under AMC

Up to 1.50 Hrs No downtime charges

>1.51 to 2.50 Hrs 5

>2.51 to 3.50 Hrs 10

Beyond 3.51 Hrs 15

B. Penalty charges on account of non completion of Preventive Maintenance of IT Asset

Penalty charges per quarter on PO cost for the quarter

Upto 5% incomplete job No penalty

More than 5% and upto 10% 1%



More than 50% 20%

6.3 Note: All the downtime charges shall not exceed 40 % of payment due for respective quarter except absentee charges for service engineers and penalty due to non completion of preventive maintenance. Absentee charges and penalty charges due to non completion of preventive maintenance shall be calculated in addition to downtime charges. Therefore total penalty charges are equal to downtime charges (with a cap of 40%) + penalty charges due to non completion of preventive maintenance + absentees charges.

6.4 Absentee charges will be levied @ Rs. 500/- per person/day. The charges for absentee shall be calculated in addition to penalty calculated for other purpose.

6.5 Except as otherwise provided for herein, no term or condition in this SLA may be modified, amended or waived, except by a written amendment signed by authorized representatives of both parties.

6.6 NPCIL reserves the right to foreclose the contract after giving one month notice without assigning any reason and foreclosing charges.

11 of 12

7.0 VENDOR’S QUALIFICATION CRITERIA:

7.1 Average annual financial turnover during the last 3 years ending 31st March of the previous financial year 2013-14, should be at least Rs. 18 Lakhs.

Documents to be submitted in support of above criteria: The bidder has to submit copy of documents like Annual Financial turnover certificates or

Profit and Loss statement for each financial year.

7.2 Bidder shall be a profit making company. They shall submit documentary proof to

show their profit during the last financial year (2013-14).

Documents to be submitted in support of above criteria: The bidder has to submit documentary proof for profit making like Profit and Loss statement for the last financial year (2013-14).

7.3 Bidder shall have experience of having successfully completed similar works during last 7

years ending last day of month previous to the one in which applications are invited either of

the following:

a. Three similar completed works costing not less than the amount equal to Rs. 24 Lakhs.

Or

b. Two similar completed works costing not less than the amount equal to Rs. 30 Lakhs. Or

c. One similar completed work costing not less than the amount equal to Rs. 48 Lakhs.

Documents to be submitted in support of above criteria: 1. The bidder has to submit the copies of purchase orders/work orders of similar

work.

2. The bidder has to submit copy of the work completion certificate/ performance certificate OR copy of the payment receipt of the last billing period (e.g. Last Quarter payment receipt for Quarterly payment/ Last 6 months payment receipt for six monthly

payment) Definition of Similar work:

Similar work refers to IT Maintenance contract of PCs, printers, Laptops and Servers. This work experience can be a part of a large scope like integrated Facility Management Services.

7.4 The bidder shall submit documentary evidence towards above QR alongwith the bid. Failure to comply with this requirement will lead to rejection of the bid.

8 . NON-DISCLOSURE AGREEMENT Restrictions on Disclosure and Use The Contractor shall not disclose any Confidential Information to any third party; or make any use of Confidential Information only to evaluate a possible business transaction between the parties and to perform the purpose set forth above; or shall not make Confidential Information available to any of its employees or consultants and shall advise such persons to undertake obligations of confidentiality and non-disclosure similar to the terms and conditions stated herein, that obligate them to treat Confidential Information as required under this Agreement.

Further, the Contractor shall not disclose the Confidential Information to third party, including independent contractors or consultants, and shall advise such third party of their obligations of confidentiality and nondisclosure hereunder. The Receiving Party shall take all reasonable measures to protect the confidentiality and avoid the unauthorized use, disclosure, publication, or dissemination of Confidential Information.

12 of 12

Enclosures

List of Annexure:

1. List of PCs to be covered in AMC (1370 Nos.)

2. List of Printers to be covered in AMC (692 Nos.)

3. List of Laptops to be covered in AMC (466 Nos.)

4. List of PCs to be covered in AMC (399 Nos.)

5. List of Printers to be covered in AMC (481 Nos.)

6. Summary of assets to be covered in AMC

7. Preventive Maintenance (PM) format for PCs/Laptops

8. Preventive Maintenance (PM) format for printers

9. List of IT assets under warranty

Annexue 1

SR.

NO.

I

T

N

O

.

Quantity

(Nos.)

1 2

76

22

7

0

10

3

2

7

1

113

42

8

2

58

5 2

84

6

2

8

9

10

73

6

0

260

8 374

93

8

6

30

103

8

9

12

11 3

9100

12 4

03

13 1

14

4

0

7

3

154

05

164

19

174

1

2

5

18

4

1

3

5

19

4

1

4

1

-

30

20

4

1

7

1

-

4

30

214

3

0

5

224

3

0

8

23 1

P-IV, 80 GB SATA, 3.06 GHz, 1 GB DDR-II, 533 GHz CD Rom

PDMS Group HP

AMD Opteron, 2GB RAM, 500 GB SATA II HDD, 20X DVD Writer 17" TFT Colour monitor (Acer) 64 Bit m/c

Intel Xeon CPU, 2GHz, 16GB RAM, 2*1TB SATA II HDD

Intel Core-2-Duo CPU, 2.93 GHz, 3GB DDR-3 RAM, 320 GB SATA HDD

P-IV 3.06 GHz, 80 GB SATA, 256DDR-II RAM, 400 MHz CD ROM-IDE

P-IV,1.8 GHz,256 MB RAM,40 GB HDD with LCD/CRT Monitor

(AMD, Opteron) 1212, 2 GHz, 250 GB SATA HDD

(AMD Athelon) 64 X, 6000+, 3GHz AMD 690 Chipset. 1413,DDR-II DVD Writer

( Intel core 2 Duo E8400, 3 GHz) 160 GB SATA, 1GB DDR DVD Writer 17" CRT Colour monitor

P-IV, 3.06MHz, 80 GB SATA, 1 GB DDR-II, 400MHz 52X Combo Drive -IDE

(AMD Athlon 3200+) 80 GB SATA, 1 GB DDR 400 MHz, 52x Combo Drive - IDE

HCL P-IV, Core Duo, 1GB RAM, 80 GB HDD

Workstation PC Intel P4, 3GHz, 120 GB SATA HDD, 4GB DDR SD RAM CD Writer, 21" Samtron colour monitor

Xeon ™, 3.06 GHz, 2 GB RAM, Core-2-Duo,160 GB HDD, DVD/Writer 19" TFT Colour monitor

P-IV, 3.0 GHz, 1 GB DDR-2 RAM, 80 GB HDD HP WS-4300

P-IV, 2.2 GHz, 40GB HDD, RAM 1 GB, 17" Color Monitor.

Duel core Xeon processor, 3.00 GHz, 2GB RAM, CD/Writer and DVD/Writer in IPC 30 GB HDD, 4GB DAT, 19" CRT CM

Dual AMD Opeteron, 2 x 500 GB SATA-II HDD, 8GB DDR2-667 MHz, 20x DVD Writer 19" LCD Colour monitor (Make - EBM

Entrage)

Dual AMD Opeteron, 2 x 500 GB SATA-II HDD, 8GB DDR2-667 MHz, 20x DVD Writer 19" LCD Colour monitor

List of PCs to be covered in AMC (1370 Nos.)

CONFIGURATION

HCL Infinity Series – Intel-Core-2-Duo E4600 2.4 GHz, 2MB L2 catch, 800 MHz FSB, GForce 7 Ser, 2GB 667 MHz DDR-2 RAM,

HDD 160 GB Series ATA, 17” TFT Color, Keyboard, Mouse Optical, DVD/W

2GB RAM, 3GHz,80 GB HDD, 17" TFT Colour monitor, HP DX 2180 (Emergency Response Centre)

Spec - Same as above, PCs allotted at Jaithapur and QS Offices: Jaithapur Site – 2, Liasion Off Delhi – 3, Banglore QS – 4,

Baroda QS – 3, Bhopal QS-1, Chennai QS-2, Noida QS , Delhi-3, Hazira QS 2, Haridwar QS-1, Hyderabad QS-3, Kolkatta QS-1,

Pune QS-3, Secunderabad QS-2

1

Annexue 1

SR.

NO.

I

T

N

O

.

Quantity

(Nos.)CONFIGURATION

244

3

1

12

254

3

5

3

26 4

33

274

4

0

10

284

4

2

6

29

4

5

0

59

30

4

5

6

75

31

4

6

3

12

32

4

9

5

21

339

5

1

2

349

5

1

9

359

5

2

3

36 9

517

37 4

39

38

5

0

0

0

-

5

0

1

12

39 9

58

40 4

35

41 1

42 2

211

43 9

510

1370

Intel core 2 Duo, 2.66 GHz, 160 GB SATA HDD, 1GB DDR-II RAM, DVD Writer, 17" LCD Colour monitor

Residence - Intel core 2 Duo, 2.66 GHz, 160 GB SATA HDD, 1GB DDR-II RAM, DVD Writer, 17" LCD Colour monitor

P-IV, 2.8 GHz, 1 GB RAM, HDD 40 GB, 17"TFT, CD Writer (XP D220 Model)

Intel (R), Pentium (R) , 4 CPU 2.60 MHz, 2.60 GHz, 512 MB RAM, 80 GB HDD, CD/W, 19" LCD Color Monitor

Intel P-IV, 2.8GHz, Intel 865 G Chipset 80 GB SATA HDD, 512 DDR SD RAM, CD Writer

P-IV , 2.8 GHz, 502 MB/2GB DDR SD RAM, 80 GB/120 GB (18Nos.) SATA HDD (80 PCs - 15" CRT colour monitor, 18 PCs -

17" CRT colour monitor, 20 PCs - 19" CRT colour monitor )

Core 2 Duo, 1.8 GHz Intel Q963 Chipset, 160 GB SATA HDD, 1 GB DDR-II RAM, COMBO Drive, 17" TFT Colour monitor

Intel P-IV, 2.8GHz, 80 GB HDD Intel 865 G Mother Board, 512 MB DDR SD RAM, CD RW, 15" Colour monitor

AMD Athleon 3200+, 80 GB SATA 1 GB DDR-II RAM 400 MHz, 52x Combo Drive, 15" TFT Colour monitor

CPU 2.8 GHz, 1MB RAM, 40 GB HDD, CD ROM - 15" Colour Monitor

HP Z220 Works Station

*** Total PCs ***

Dell Inspeiration 2310 All-in One

lenovo e72 z All-in-One

Workstation PCs - HP Z 210 (Haryana)

Intel P-IV 3.0 GHz, 800 FSB, 915GV, 256 MB DDR, 80 GB SATA, DVD Combo, 1.44 MB FDD, Ext HCL Speakers, 15" HCL Color

Monitor, Scroll Mouse, MM KBD, Spike Buster (Machines allotted to QS- Banglore, Chennai, Noida, Hyderabad, Kolkatta,

Pune, Secanderabad, Tiruchirapally)

NAS SYSTEM (Network Attached Storage) – Model Synology DS-1010 + 10TB NAS - 10TB(Open 2TB x 5 HDD), SATA II HDD,

1067 GHz Duel Core Processor, 3 GB 64 Bit DDR/533 MHz Memory, Duel 1 GB LAN Network host, 4xUSB 2.0 + 1x eSATA

5x3.5” Hot swap 2TB HDD bays support for RAID 0,1,5,6, RAID 5 + Hot Swap spare and JBOD support Windows / Mac and

Linux client Synology disk station manager 2.3


PC- Processor Intel core i3-2120 CPU 3.30 GHz, RAM 4 GB, 32 bit OS, HD 1 TB

All-in-One PCs - Dell Inspiron

DELL Optiplex, P-IV, 2.4 GHz, 512 MB RAM, 40 GB HDD

2

List of Printers to be covered in AMC (692 Nos.)Annexure 2

Sr. No.

I

T

-

N

o

Quantity

(Nos.)

1 140

2 12

3 15

4 5

5 30

6 25

7 20

8 4

9 3

10 1

11 1

12 1

13 1

14 3

15 3

16 13

17 2

18 80

19 2

20 3

21 15

22 1

238

4 5

24

8

4 4

25 6

26 2

27 1

28 2

29 2

30 5

31 1

32 10

33 1

34 11

35 1

36 1

37 1

38 1

39 131

40 14

41 2

42 4

Description

N

o

t

i

n

S

e

q

u

e

n

c

e

HPDJ A4 Size

HP- 1350-All-in-One

HP- 2410 -All-in-One

HP- 7208/7408 All-in-One

HP-6318 All-in-one

HP Inkjet F380

HPDJ F-4185

HPDJ-1125

SAMSUNG ML-2151 N

HPDJ-1180

HPDJ-1280

HPDJ-3940

HPOJ-6500

HPOJ-4580

Brother 5250 DN

Brother 6050 DN

Lexmark E-230

Samsung CLP 510

SAMSUNG ML-1250

SAMSUNG ML-2150 N

SAMSUNG ML-2751/2851

HP CLP-1700

HP CLP 4550

HP CLP 5550

HP CLP-2820

HPLJ-6P

HPLJ-1005

HPLJ-2100

HPLJ-5100

HPLJ-1022

SAMSUNG ML-2240

SAMSUNG ML-2245

SAMSUNG ML-2851D/2571

SAMSUNG ML-2571

Scanner (Different Model)

HP OJ 6488

HP K7108 A-3 Size Printer

HP PCS F4288

8

6

4

9

-

HP Laserjet P1566

HP Officejet 6500

HP Officejet 8000

HP CLJ CP 2025DN

1

List of Printers to be covered in AMC (692 Nos.)Annexure 2

438

8 5

44

8

8 3

45 1

46

8

0 15

478

0 15

48 9

76

498

4 5

50

8

4 15

518

4 4

52

9

7 12

538

7 2

54

8

1 20

55 1

56

N

A 1

57N

A 1

58

N

A 1

692

Samsung ML-2511N – QA Sites

Mobile Portable Printer HP OJ 100

A3 Size - HP LJ CLP 5225dn

HP LJ 5200DN (Mono) – A3 Size

MFP – HP OJ 6500 – 3-in-1

MFP – HP OJ 6500 – 3-in-1

HP-5610 MFP

Samsung ML-2851ND

Samsung ML-2240

HP CLP 6122

### Total Printers ###

HP OJ Pro 8600

HP OJ 8000

HP Ink Advance 3525

Canon Pixma Photo Printer – IP 2770

HP DJ 460 CBI Printer

LJ Color Network printer – HP 4300N

2

List of Laptops to be covered in AMC (466 Nos.) Annexure 3

Sr NoQuantity

(Nos.)

1 2

2 12

3 6

4 1

5 2

6 1

7 1

8 1

9 2

10 1

11 5

12 8

13 1

14 1

15 6

16 5

17 366

186

19 12

2012

21 12

22 1

23 1

24 1

466Total

Description

HP Probook 4430S

HP Probook 4430S

HP Probook 4440S

Samsung NP 300 ESZ

Lenovo Laptop (Sr.No. LV-A3851)

Intel P-IV 2.2 GHz, 512 MB, 40GB, 24X CD/W, 15”TFT, 4X AGP to 64MB

LAPTOP TOSHIBA-PROTÉGÉ-R-700 (New Delhi)

LAPTOP TOSHIBA-PROTÉGÉ-R-700

LAPTOP HP-PAVELION-dm4

HP MINI 110

Toshiba – Tecra

Toshiba Tecra (JNPP Site)

HP COMPAQ 2210B

HP Compaq 6720S

HP Probook 4410

IBM THINKPAD-R-Series-1.5

TOSHIBA(P-4) 2

HP COMPAQ-2.0

HP Compaq 6720S

HP 530

HP COMPAQ TC4200-2.13

HP 550

HP COMPAQ6520S

HP MINI 210-1084

List of PCs to be covered in AMC (399 Nos.) Annexure 4

SR. NO. I

T

N

O

Quantity

(Nos.)

12

7

0

6

22

7

0

10

3

2

7

1

113

4

2

8

2

9

58

52

8

8

4

62

8

9

10

73

8

9

12

8 4

03

9 1

10

4

0

7

3

3

11

4

1

2

1

5

12

4

1

3

6

-

5

13

4

1

4

1

-

4

30

14

4

1

7

1

-

4

2

0

0

30

Dual AMD Opeteron, 2 x 500 GB SATA-II HDD, 8GB DDR2-667 MHz, 20x DVD Writer

19" LCD Colour monitor (Make - EBM Entrage)

HCL Infinity Series – Intel-Core-2-Duo E4600 2.4 GHz, 2MB L2 catch, 800 MHz FSB,

GForce 7 Ser, 2GB 667 MHz DDR-2 RAM, HDD 160 GB Series ATA, 17” TFT Color,

Keyboard, Mouse Optical, DVD/W

Spec - Same as above, PCs allotted at Jaithapur and QS Offices: Jaithapur Site – 2,

Liasion Off Delhi – 3, Banglore QS – 4, Baroda QS – 3, Bhopal QS-1, Chennai QS-2,

Noida QS , Delhi-3, Hazira QS 2, Haridwar QS-1, Hyderabad QS-3, Kolkatta QS-1, Pune

QS-3, Secunderabad QS-2

Dual AMD Opeteron, 2 x 500 GB SATA-II HDD, 8GB DDR2-667 MHz, 20x DVD Writer

19" LCD Colour monitor

CONFIGURATION

(AMD, Opteron) 1212, 2 GHz, 250 GB SATA HDD

(AMD Athelon) 64 X, 6000+, 3GHz AMD 690 Chipset. 1413,DDR-II DVD Writer

( Intel core 2 Duo E8400, 3 GHz) 160 GB SATA, 1GB DDR DVD Writer 17" CRT Colour

monitor

AMD Opteron, 2GB RAM, 500 GB SATA II HDD, 20X DVD Writer 17" TFT Colour

monitor (Acer) 64 Bit m/c

Intel Xeon CPU, 2GHz, 16GB RAM, 2*1TB SATA II HDD

Intel Core-2-Duo CPU, 2.93 GHz, 3GB DDR-3 RAM, 320 GB SATA HDD

(AMD Athlon 3200+) 80 GB SATA, 1 GB DDR 400 MHz, 52x Combo Drive - IDE

PDMS Group HP

Xeon ™, 3.06 GHz, 2 GB RAM, Core-2-Duo,160 GB HDD, DVD/Writer 19" TFT Colour

monitor

Duel core Xeon processor, 3.00 GHz, 2GB RAM, CD/Writer and DVD/Writer in IPC 30

GB HDD, 4GB DAT, 19" CRT CM

List of PCs to be covered in AMC (399 Nos.) Annexure 4

15

4

3

0

1

5

16

4

3

0

6

8

17

4

3

1

5

12

184

3

5

3

194

3

5

3

20

9

5

1

2

2

21

9

5

2

3

3

22 9

517

23 4

39

24 5000-5011 12

259545-9552 8

264

35

27 1

282

2

7

11

29 9

510

399*** Total ***

NAS SYSTEM (Network Attached Storage) – Model Synology DS-1010 + 10TB NAS -

10TB(Open 2TB x 5 HDD), SATA II HDD, 1067 GHz Duel Core Processor, 3 GB 64 Bit

DDR/533 MHz Memory, Duel 1 GB LAN Network host, 4xUSB 2.0 + 1x eSATA 5x3.5”

Hot swap 2TB HDD bays support for RAID 0,1,5,6, RAID 5 + Hot Swap spare and JBOD

support Windows / Mac and Linux client Synology disk station manager 2.3

Dell Inspeiration 2310 All-in One


PC- Processor Intel core i3-2120 CPU 3.30 GHz, RAM 4 GB, 32 bit OS, HD 1 TB


lenovo e72 z All-in-One

Workstation PCs - HP Z 210 (Haryana)

Workstation PC Intel P4, 3GHz, 120 GB SATA HDD, 4GB DDR SD RAM CD Writer, 21"

Samtron colour monitor

2GB RAM, 3GHz,80 GB HDD, 17" TFT Colour monitor, HP DX 2180 (Emergency

Response Centre)

AMD Athleon 3200+, 80 GB SATA 1 GB DDR-II RAM 400 MHz, 52x Combo Drive, 15"

TFT Colour monitor

CPU 2.8 GHz, 1MB RAM, 40 GB HDD, CD ROM - 15" Colour Monitor

DELL Optiplex, P-IV, 2.4 GHz, 1 GB RAM, 40 GB HDD

Core 2 Duo, 1.8 GHz Intel Q963 Chipset, 160 GB SATA HDD, 1 GB DDR-II RAM, COMBO

Drive, 17" TFT Colour monitor

Intel core 2 Duo, 2.66 GHz, 160 GB SATA HDD, 1GB DDR-II RAM, DVD Writer, 17" LCD

Colour monitor

All-in-One PCs - Dell Inspiron

List of Printers to be covered in AMC (481 Nos.) Annexure 5

SR. NO.

I

T

N

O

.

Quantity

(Nos.)

1 40

2 5

3 5

4 30

5 25

6 20

7 1

8 1

9 1

10 2

11 50

12 15

13 1

14 8

4

5

15 8 4

16 6

17 1

18 2

19 4

20 1

21 1

22 1

23 1

24 1

25 131

26 14

27 2

28 4

29 8

8 5

30 8

83

31 1

32 8

0

15

33 8

0

15

34 9714-9723 (Except 9715, 9716, 9717 and 9719) 5

35 8

45

36 8

415

37 8

4 4

38 9

712

39 8 2

40 8

1

20

41 1

42 N

A1

HPDJ A4 Size

HP- 1350-All-in-One

HP- 7208/7408 All-in-One

HP-6318 All-in-one

HP Inkjet F380

HPDJ F-4185

HPOJ-6500

SAMSUNG ML-2851D/2571

HPLJ-6P

SAMSUNG ML-2571

SAMSUNG ML-2751/2851

CONFIGURATION

HP DJ 460 CBI Printer

HP OJ J6488

HP K7108 A-3 Size Printer

HP PCS F4288

HP CLJ CP 2025DN

HP-5610 MFP

HP OJ 8000

HP OJ Pro 8600

Samsung ML-2240

Samsung ML-2511N – QA Sites

HP CLP 4550

HPLJ-2100

HPLJ-5100

Samsung ML-2851ND

HP Ink Advance 3525

MFP – HP OJ 6500 – 3-in-1

Mobile Portable Printer HP OJ 100

HP Laserjet P1566

HP Officejet 6500

HP Officejet 8000

A3 Size - HP LJ CLP 5225dn

Canon Pixma Photo Printer – IP 2770

HP LJ 5200DN (Mono) – A3 Size

MFP – HP OJ 6500 – 3-in-1

HPDJ-3940

HP CLP 5550

HPOJ-4580

Samsung CLP 510

SAMSUNG ML-1250

SAMSUNG ML-2240

SAMSUNG ML-2245

List of Printers to be covered in AMC (481 Nos.) Annexure 5

43 N

A 1

44 N

A1

45 N

A 1

481

EPSON LX 300 (Sr. No. CBFY261032)

HP CLP 6122

### Total ###

LJ Color Network printer – HP 4300N

Annexure 6

First 6 Month Next 6 Month

Quantity Quantity

PC 1370 399

Printer 692 481

Laptop 466 466

Summary of Assets to be covered in AMC

QTR.-

NUCLEAR POWER CORPORATION OF INDIA LTD. (A Govt. of India Enterprise)

Information Technology Group

Desktop\Laptop Preventive Maintenance Report Agency: M/s. REF NO.: CAMC PO NO -

User Name & Designation :

Location : Emp. No. :

M/C IT. No.: Make :

Extn. No.:

Software : Hardware :

1. Windows 1. Mother Board

2. Office 2. RAM

3. Adobe Reader 3. HDD Space

4. Antivirus 4. Processor

5. WinZip 5. CD ROM/DVD RW

6. Flash Player 6. Monitor

7. Cleanup 7. MAC ADDRESS

8. Other’s 8. IP ADDRESS

9. Hindi Unicode

Date

AMC Contractor Engineer

Name & Sign Remark

User Sign

QTR.- NUCLEAR POWER CORPORATION OF INDIA LTD.

(A Govt. of India Enterprise)

Information Technology Group

Printer Preventive Maintenance Report Agency: REF NO.: CAMC PO NO.

Name of User :

Designation :

Employee No. :

Location : 1. Physically Cleaning

Extn. No. : 2. Oiling

Section : 3. Cartridge Checking

Printer IT. No. : 4. Mechanism Checking

Printer Make :

Model No. :

PC IT. N0. :

Date

AMC Contractor

Engineer Name & Sign Remark

User Sign

Sr.

No

File

Item

Model

Warranty upto Qty

1 AIO PC

Dell Inspiron 2310 (G.H.)

16.07.15(Guest House)

8

2 Lenovo M92z AIO PC 15.11.2016 300

3 CISCO Server- Mid Level-2 Sets

CISCO Server- Entry Level-1 Set

Rack - 1 No.

KVM Switch-1 Set

(AP1000 FLWR)

27.10.17 3 Sets

4 Lenovo M73z AIO PCs

(AP1000-FLWR

26.11.17 10 No.

5 A3 size Colour LJ Printer - 1 No.

Canon Laser Shot LBP 9100Cdn

(for CP& CC)

04.08.15 1

6 1. Server-Dell Power Edge R720 - 1 No.

(with Win.2012 Server OS)

2. Monitor-55" Samsung DB55D - 1 No.

3. Server Mounting Rack - 1 No.

CDD-

17.04.15

Warranty

CDD-

13.05.15

Warranty

25.03.18CDD-

17.04.15

Warranty

1 Set

IT-Assets under Warranty as on 30.03.2015 Annexure-9

Sr No. Location Address Phone Nos.

1 Bengaluru QA Unit 1-1,Old Madras Road, 080-25341222,25341223,25341224

Byappanahalli,

Bengaluru-560 -038

2 Baroda QA Unit Office No.4,Second Floor, 0265-2466407,2460903

NBCC Plaza,Karelibaug,

Baroda-390 018

3 Bhopal QA Unit Block 1,1st Floor, 0755-2500951,2500205

Eastern Wing,BHEL,

Bhopal-462 022

4 Chennai QA Unit 51 Montieth Road, 044-28585052,28585053

Egmore,Chennai- 600 008

5 Haridwar QA Unit Admin Bldg No 3 BHEL, 01334-225186

Ranipur

Hardwar(UK)-249 403

6 Hazira QA Unit C/o Larsen & Toubro Ltd. 0261-2860140

Technology Centre,Hazira Manufacturing Complex,

Surat Hazira Road,P.O.Bhatha,

Surat-394 510,Gujrat

7 Hyderabad QA Unit CSG-4,ECIL, 040-27124089,27186523,27124083

Cherlappali,

Hyderabad-500 062

8 Kolkatta QA Unit BD-15,Sector1, 033-23597440,23537052

Salt lake City,

Kolkatta-700 064

9 Noida QA Unit Plot No C-56/48 Sector-62, 0120-2402836 to 41

Noida Institutional Area,

Dist Gautam Budh Nagar

UP-201 301

10 Pune QA Unit Renuka Complex,3rd Floor,1259/2, 020-25532441

Jungli Maharaj Rd,Deccan Gymkhana,

Pune-411 004

11 Trichi QS Unit Bldg No 2 & 4, 1st Floor, 0431-2520326,2575348

BHEL,

Tiruchirapally- 620 014

E-SPT/SUPPLY-1

SECTION-D

FORMAT FOR SUBMISSION OF BID

FORM NO. CMM-44A/Rev. 2

E SPT/SUPPLY-1 Page 1 of 2

TENDER FORM

From

To Executive Director, Directorate of Contracts & Materials Management, Nuclear Power Corporation of India Limited, Tender Section, “A-0” Block, Ground Floor, Nabhikiya Urja Bhavan, Anushakti Nagar, Mumbai 400 094.

Dear Sir, 1. I/We have read the Invitation to Tender and Tendering Conditions and Conditions of

Contract as contained in Section-‘B’ of the tender documents. 2. I/We have thoroughly examined the specification, drawing and/or pattern quoted or referred

to herein and/or fully aware of the nature of the stores required and my/our bid is to supply the stores strictly in accordance with the requirements under this tender as detailed in Section-C of the tender documents.

3. I/We hereby agree to supply the stores, strictly adhering to the Conditions of the Contract as contained in Section-B of the tender documents.

4. You will be at liberty to accept any one or more of the items of stores offered by us and I/We shall be bound to supply you the stores as may be specified in the purchase order/contract.

5. I/We hereby agree to keep the prices and our bid valid for your acceptance for a period of 120 (one hundred and twenty) days from the due date of this tender.

Tenderer’s Bid No.: Dated :

M/s.

Tel. No. : Fax No. : E-mail :

Tender No. : CMM/MISC-00-05-4001 Dated : As per tender Due date : As per tender Upto 11:00 Hrs. IST


E SPT/SUPPLY-1 Page 2 of 2

6.** Deviations to technical specifications contained in Section-C of the tender documents are

detailed in Annexure-A to the Tender Form and compliance proposed to Conditions of Contract contained in Section-B of the tender documents are detailed in Annexure-'B' to the Tender Form

7. I/We are also enclosing herewith all the leaflets/catalogues etc. pertaining to the stores

offered. 8. Details of the stores along with prices and the bid terms are enclosed under schedule to this

tender form. Yours faithfully, Stamp and Signature of the Tenderer **Strike out whichever is not applicable. Encl: Deviation to technical specifications-Annexure 'A' Compliance to Conditions of Contract Annexure 'B Leaflets/Catalogue.


TENDER FORM

Executive Director,Directorate of Contracts & Materials Management,

Nuclear Power Corporation of India Limited,Tender Section, “A-0” Block,

Ground Floor, Nabhikiya Urja Bhavan,Anushakti Nagar, Mumbai 400 094.

Tender Id : - 5228 Tender Reference No. : - CMM/MISC/00-00-5-4001Template Name : -FORM NO. CMM-44A/Rev. 2

FORM NO. CMM-44A/Rev. 2BiddersResponse/Confirmation

Bidders Offer Number and Date

Dear Sir,1. I/We have read the Invitation to Tender and Tendering Conditions and Conditions ofContract as contained in Section-‘B’ of the tender documents.2. I/We have thoroughly examined the specification, drawing and/or pattern quoted orreferred to herein and/or fully aware of the nature of the stores required and my/our bid isto supply the stores strictly in accordance with the requirements under this tender asdetailed in Section-C of the tender documents.3. I/We hereby agree to supply the stores, strictly adhering to the Conditions of theContract as contained in Section-B of the tender documents.4. You will be at liberty to accept any one or more of the items of stores offered by us andI/We shall be bound to supply you the stores as may be specified in the purchaseorder/contract.5. I/We hereby agree to keep the prices and our bid valid for your acceptance for a periodof 120 (one hundred and twenty) days from the due date of this tender.6.** Deviations to technical specifications contained in Section-C of the tender documentsare detailed in Annexure-A to the Tender Form and compliance proposed to Conditions ofContract contained in Section-B of the tender documents are detailed in Annexure-'B' tothe Tender Form7. I/We are also enclosing herewith all the leaflets/catalogues etc. pertaining to the storesoffered.8. Details of the stores along with prices and the bid terms are enclosed under schedule tothis tender form.

https://npcil.etenders.in/reports/buyer_view_gcc_template

1 of 7 27-04-2015 20:45

Annexure-A

Tender Id : - 5228 Tender Reference No. : - CMM/MISC/00-00-5-4001Template Name : -Annexure-A

Deviations to Technical Specification (if any) Confirmation of attachment(YES /NO)

Deviations to technical specifications (if any) are uploaded in PDF format(Form No.Annexure-A)


2 of 7 27-04-2015 20:45

ANNEXURE B 1.0

1.0 Format for submission of Commercial Terms and Conditions of Tender bid

Tender Id : - 5228 Tender Reference No. : - CMM/MISC/00-00-5-4001Template Name : -ANNEXURE B 1.0

Sr.No. Item/Description

Bidder’sResponse/Confirmation asthe case may be

1Price Basis:

a) For CAMC - exclusive of taxes and duties.

2Applicable Statutory Levies

.

aContractor’s Excise Duty Regn. No.& applicable Excise duty(Excise duty tariff head shall be indicated along with applicable rate ofexcise duty.)

b Sales Tax (applicable State VAT/ CST rates to be mentioned)

c

Central Sales Tax/State VAT Regn. No. (of the contractor to befurnished)

.

dService Tax(Indicate whether payable and if so applicable rate & the Contractor’sService Tax Registration no.)

e Octroi Duty (Indicate whether payable and if so applicable rate andtariff head)

f Octroi duty Regn. No. (of the contractor, if any to be furnished)

g Education Cess on Excise duty and Service tax

3 Evidence to indicate financial capacity to under take the proposed work(if entrusted) and Names (with address of the Bankers)

4

Income Tax clearance along with permanent account number. (Copy ofincome tax clearance certificate need to be submitted. If registeredwith NPCIL, please mention registration No. Also if registered withDGS&D, DPS/DAE, copy of the valid registration certificates to befurnished).

5 Confirmation of CAMC period

6 Validity of offer (120 days from date of issue of Opening of Tender)


3 of 7 27-04-2015 20:45

Terms which are not applicable shall be clearly stated as ‘Not Applicable’.1. The prices shall be exclusive of taxes and duties. Applicable taxes and duties shall be clearly

indicated in the above online bidding form.2.

In the event Taxes and Duties are not indicated clearly, maximum percentage quoted by anyother bidder will be considered during evaluation.

3.


4 of 7 27-04-2015 20:45

2.0 Format for submission of Compliance to the Conditions of Contract contained in Section-B ofthe tender

2.1 The tenderer shall note that any deviation to above mentioned terms andconditions of our tender may lead to disqualification of their Bid.

2.2 The compliance/confirmation to the specific clauses may please be furnished as perthe format below:

Tender Id : - 5228 Tender Reference No. : - CMM/MISC/00-00-5-4001Template Name : -Annexure-B 2.0

Sr.Nos Item / Description Bidders Compliance /

Confirmation

I Acceptance of "Security Deposit" as per Clause No. 3.4.2 underGCC/SUPPLY-1/R-2.

II Acceptance of "Subletting / Assignment of Contract" as per ClauseNo.3.7 under GCC/SUPPLY-1/R-2.

III Acceptance of "Downtime Charges" as per SCC Clause No.6 underSpecial Conditions of Contract.

IV Acceptance of “Terms of Payment” as per SCC Clause No.5 underSpecial Conditions of Contract.

V Acceptance of "Settlement of Dispute" as per Clause No.14 underGCC/SUPPLY-1/R-2.

VI Acceptance of "Confidentiality" as per Clause No.1.10 underGCC/SUPPLY-1/R-2.

VIIAcceptance of Right of Recourse under Civil Liability for NuclearDamage Act 2010 & Rule2011 under special conditions of contract

VIII Compliance to the remaining clauses of GCC/SUPPLY-1/R-2 and SpecialConditions of Contract.


5 of 7 27-04-2015 20:45

Appendix - X

QUALIFICATION CRITERIA:

The bidders while submitting the e-Bid are required to upload all supporting documents /information necessary for establishing their qualification in e-Envelope only on the e-portal.

Failure to comply with this requirement will lead to rejection of the E-bid.

Tender Id : - 5228 Tender Reference No. : - CMM/MISC/00-00-5-4001Template Name : -QUALIFICATION CRITERIA

Sr.No.

VENDORS QUALIFICATIONCRITERIA

Documents to be uploaded insupport of criteria

VENDORSResponse/Confirmation

1.0

Average annual financial turnoverduring the last 3 years ending 31stMarch of the previous financial year2013-14 (i.e. 2011-12, 2012-13,2013-14), should be at least Rs. 18Lakhs.

The bidder has to upload scan copy ofdocuments like Annual Financialturnover certificates or Profit and Lossstatement for each financial year.

2.0

Bidder shall be a profit makingcompany. They shall submitdocumentary proof to show theirprofit during the last financial year(2013-14).

The bidder has to upload scan copy ofdocumentary proof for profit makinglike Profit and Loss statement for thelast financial year (2013-14).

3.0

Bidder shall have experience ofhaving successfully completedsimilar works during last 7 yearsending last day of month previousto the one in which applications areinvited either of the following:a. Three similar completed workscosting not less than the amountequal to Rs. 24 Lakhs.Orb. Two similar completed workscosting not less than the amountequal to Rs. 30 Lakhs.Orc. One similar completed workcosting not less than the amountequal to Rs. 48 Lakhs.

Definition of Similar work:Similar work refers to ITMaintenance contract of PCs,printers, Laptops and Servers. Thiswork experience can be a part of alarge scope like integrated FacilityManagement Services.

1. The bidder has to upload the scancopies of purchase orders/work ordersof similar work.2. The bidder has to upload scan copyof the work completion certificate/performance certificate OR copy of thepayment receipt of the last billingperiod (e.g. Last Quarter paymentreceipt for Quarterly payment/ Last 6months payment receipt for sixmonthly payment)


6 of 7 27-04-2015 20:45

Company Information

Tender Id : - 5228 Tender Reference No. : - CMM/MISC/00-00-5-4001Template Name : -Company Information

Sr.No. Particulars Bidders shall provide their relevant information /

registration details

1.0 Name of the Company

2.0 Address of the Company

3.0 Contact Person Details : Name of ContactPerson

3.1 E-mail ID

3.2(a) Phone Nos. - Office

3.2(b) Fax Nos. - Office

3.3(c) Phone Nos. - Mobile

4.0 Category - Micro/Small/Medium/Large Scaleand also SC/ST

4.1 Registration Details under the abovecategory

5.0 PAN No.

6.0 TIN No.

7.0 Excise Registration No.

8.0 VAT & CST Registration No.

9.0 Service Tax Registration No.


7 of 7 27-04-2015 20:45

Evaluation will be carried out on the above summary price of the technically and commercially acceptable bids.

In case of discripancy between the item summary prices and the detailled prices as per respectiveannexure tables, the detailed prices of the respective annexure table shall be considered for

evaluation.

Orders will not be split.

Item Name: -Annexure I - Summary Price Schedule

Tender Id : - 5228 Tender Reference No. : - CMM/MISC/00-00-5-4001Template Name : - Summary of Assets under CAMC

Sr. No. Discription CAMC Charges CAMC Charges (in words)

1 PCs (1370 Nos.) Annexure 1 (for first 6 months)

. PCs (399 Nos.) Annexure 4 (for next 6 months)

2 Printers (692 Nos.) Annexure 2 (for first 6 months)

. Printers (481 Nos.) Annexure 5 (for next 6 months)

3 Laptops (466 Nos.) Annexure 3 (for 12 months)

Total = 0.0000 Zero Only

https://npcil.etenders.in/reports/buyer_view_price_bid_template

1 of 16 27-04-2015 20:38

Schedule to Tender Form for 1370 PCs (Annexure-1)

The contractor shall quote the charges for CAMC for 1370 PCs as per the list given in Annexure 1taking into consideration that these are in contract for the first 6 months. The contractor shall

prepare themselves to extend these in the contract beyond 6 months if required at the same quotedprice.

Item Name: -The contractor shall quote the charges for CAMC for1370 PCs and 692 Printers as per the list given in Annexure 1 & 2,taking into consideration that these are in contract for the first 6months. The contractor shall prepare themselves to extend these inthe contract beyond 6 months if required at the same quoted price.

Tender Id : - 5228 Tender Reference No. : - CMM/MISC/00-00-5-4001Template Name : - CAMC for 1370 PCs ( Annexure-1)

SrNo.(A)

Configuration/Description ofItem(B)

Quantity(C)

UOM(D)

UnitCAMCChargespermonthin INR(E)

TotalCAMCChargesPerMonthin INR(F =C*E)

TotalCAMCChargesfor SIXmonthsin INR(G=F*6)

Remarks

1 (AMD, Opteron) 1212, 2 GHz, 250GB SATA HDD 6 Nos.

2(AMD Athelon) 64 X, 6000+, 3GHzAMD 690 Chipset. 1413,DDR-II DVDWriter

10 Nos.

3( Intel core 2 Duo E8400, 3 GHz)160 GB SATA, 1GB DDR DVD Writer17" CRT Colour monitor

113 Nos.

4

AMD Opteron, 2GB RAM, 500 GBSATA II HDD, 20X DVD Writer 17"TFT Colour monitor (Acer) 64 Bitm/c

58 Nos.

5 Intel Xeon CPU, 2GHz, 16GB RAM,2*1TB SATA II HDD 4 Nos.

6 Intel Core-2-Duo CPU, 2.93 GHz,3GB DDR-3 RAM, 320 GB SATA HDD 10 Nos.


2 of 16 27-04-2015 20:38

7P-IV 3.06 GHz, 80 GB SATA,256DDR-II RAM, 400 MHz CDROM-IDE

260 Nos.

8 P-IV,1.8 GHz,256 MB RAM,40 GBHDD with LCD/CRT Monitor 374 Nos.

9P-IV, 3.06MHz, 80 GB SATA, 1 GBDDR-II, 400MHz 52X Combo Drive-IDE

30 Nos.

10(AMD Athlon 3200+) 80 GB SATA, 1GB DDR 400 MHz, 52x Combo Drive- IDE

12 Nos.

11 P-IV, 80 GB SATA, 3.06 GHz, 1 GBDDR-II, 533 GHz CD Rom 100 Nos.

12 PDMS Group HP 3 Nos.

13Xeon ™, 3.06 GHz, 2 GB RAM,Core-2-Duo,160 GB HDD,DVD/Writer 19" TFT Colour monitor

1 Nos.

14

Duel core Xeon processor, 3.00 GHz,2GB RAM, CD/Writer and DVD/Writerin IPC 30 GB HDD, 4GB DAT, 19"CRT CM

3 Nos.

15 P-IV, 2.2 GHz, 40GB HDD, RAM 1GB, 17" Color Monitor. 5 Nos.

16 HCL P-IV, Core Duo, 1GB RAM, 80GB HDD 9 Nos.

17

Dual AMD Opeteron, 2 x 500 GBSATA-II HDD, 8GB DDR2-667 MHz,20x DVD Writer 19" LCD Colourmonitor

5 Nos.

18

Dual AMD Opeteron, 2 x 500 GBSATA-II HDD, 8GB DDR2-667 MHz,20x DVD Writer 19" LCD Colourmonitor (Make - EBM Entrage)

5 Nos.

19

HCL Infinity Series – Intel-Core-2-Duo E4600 2.4 GHz, 2MB L2catch, 800 MHz FSB, GForce 7 Ser,2GB 667 MHz DDR-2 RAM, HDD 160GB Series ATA, 17” TFT Color,Keyboard, Mouse Optical, DVD/W

30 Nos.

20

Spec - Same as above, PCs allottedat Jaithapur and QS Offices:Jaithapur Site – 2, Liasion Off Delhi– 3, Banglore QS – 4, Baroda QS –3, Bhopal QS-1, Chennai QS-2,Noida QS , Delhi-3, Hazira QS 2,Haridwar QS-1, Hyderabad QS-3,Kolkatta QS-1, Pune QS-3,Secunderabad QS-2

30 Nos.

21Workstation PC Intel P4, 3GHz, 120GB SATA HDD, 4GB DDR SD RAM CDWriter, 21" Samtron colour monitor

5 Nos.

222GB RAM, 3GHz,80 GB HDD, 17" TFTColour monitor, HP DX 2180(Emergency Response Centre)

8 Nos.


3 of 16 27-04-2015 20:38

23 P-IV, 3.0 GHz, 1 GB DDR-2 RAM, 80GB HDD HP WS-4300 1 Nos.

24

AMD Athleon 3200+, 80 GB SATA 1GB DDR-II RAM 400 MHz, 52xCombo Drive, 15" TFT Colourmonitor

12 Nos.

25 CPU 2.8 GHz, 1MB RAM, 40 GB HDD,CD ROM - 15" Colour Monitor 3 Nos.

26 DELL Optiplex, P-IV, 2.4 GHz, 512MB RAM, 40 GB HDD 3 Nos.

27P-IV, 2.8 GHz, 1 GB RAM, HDD 40GB, 17"TFT, CD Writer (XP D220Model)

10 Nos.

28Intel (R), Pentium (R) , 4 CPU 2.60MHz, 2.60 GHz, 512 MB RAM, 80 GBHDD, CD/W, 19" LCD Color Monitor

6 Nos.

29Intel P-IV, 2.8GHz, Intel 865 GChipset 80 GB SATA HDD, 512 DDRSD RAM, CD Writer

59 Nos.

30

P-IV , 2.8 GHz, 502 MB/2GB DDR SDRAM, 80 GB/120 GB (18Nos.) SATAHDD (80 PCs - 15" CRT colourmonitor, 18 PCs - 17" CRT colourmonitor, 20 PCs - 19" CRT colourmonitor )

75 Nos.

31Intel P-IV, 2.8GHz, 80 GB HDD Intel865 G Mother Board, 512 MB DDRSD RAM, CD RW, 15" Colour monitor

12 Nos.

32

Intel P-IV 3.0 GHz, 800 FSB, 915GV,256 MB DDR, 80 GB SATA, DVDCombo, 1.44 MB FDD, Ext HCLSpeakers, 15" HCL Color Monitor,Scroll Mouse, MM KBD, Spike Buster(Machines allotted to QS- Banglore,Chennai, Noida, Hyderabad,Kolkatta, Pune, Secanderabad,Tiruchirapally)

21 Nos.

33

Core 2 Duo, 1.8 GHz Intel Q963Chipset, 160 GB SATA HDD, 1 GBDDR-II RAM, COMBO Drive, 17" TFTColour monitor

2 Nos.

34

Residence - Intel core 2 Duo, 2.66GHz, 160 GB SATA HDD, 1GBDDR-II RAM, DVD Writer, 17" LCDColour monitor

9 Nos.

35Intel core 2 Duo, 2.66 GHz, 160 GBSATA HDD, 1GB DDR-II RAM, DVDWriter, 17" LCD Colour monitor

3 Nos.

36 All-in-One PCs - Dell Inspiron 17 Nos.

37 Workstation PCs - HP Z 210(Haryana) 9 Nos.

38

NAS SYSTEM (Network AttachedStorage) – Model Synology DS-1010+ 10TB NAS - 10TB(Open 2TB x 5HDD), SATA II HDD, 1067 GHz DuelCore Processor, 3 GB 64 Bit

12 Nos.


4 of 16 27-04-2015 20:38

1. Evaluation Criteria will be based on overall basis.

2. The bidder is requested to quote the charges of CAMC for 1370 PCs taking into considerationthat the contract period would be 6 months.The bidder may prepare themselves to extend the

contract period beyond 6months(if required) at the same quoted rate.( Kindly refer to Clause no- 2(a) of General requirements of CAMC under Section C of tender document)

DDR/533 MHz Memory, Duel 1 GBLAN Network host, 4xUSB 2.0 + 1xeSATA 5x3.5” Hot swap 2TB HDDbays support for RAID 0,1,5,6, RAID5 + Hot Swap spare and JBODsupport Windows / Mac and Linuxclient Synology disk station manager2.3

39 Dell Inspeiration 2310 All-in One 8 Nos.

40 HP Z210 Works Station 5 Nos.

41PC- Processor Intel core i3-2120 CPU3.30 GHz, RAM 4 GB, 32 bit OS, HD1 TB

1 Nos.


43 lenovo e72 z All-in-One 10 Nos.

SubTotal=0.0000GrandTotal =0.0000


5 of 16 27-04-2015 20:38

CAMC for 692 printers ( Annexure-2)

The contractor shall quote the charges for CAMC for 692 Printers as per the list given inAnnexure 2 taking into consideration that these are in contract for the first 6 months. The

contractor shall prepare themselves to extend these in the contract beyond 6 months if required atthe same quoted price.

Item Name: -The contractor shall quote the charges for CAMC for1370 PCs and 692 Printers as per the list given in Annexure 1 & 2,taking into consideration that these are in contract for the first 6months. The contractor shall prepare themselves to extend these inthe contract beyond 6 months if required at the same quoted price.

Tender Id : - 5228 Tender Reference No. : - CMM/MISC/00-00-5-4001Template Name : - CAMC for 692 printers ( Annexure-2)

SlNo.(A)

Configuration/Descriptionof Item(B)

Quantity(C)

UOM(D)

Unit CAMCChargesper monthin INR(E)

Total CAMCChargesPer Monthin INR (F =C*E)

Total CAMCCharges forSIXmonths inINR(G=F*6)

Remarks

1 HPDJ A4 Size 140 Nos.

2 HP- 1350-All-in-One 12 Nos.

3 HP- 2410 -All-in-One 15 Nos.

4 HP- 7208/7408 All-in-One 5 Nos.

5 HP-6318 All-in-one 30 Nos.

6 HP Inkjet F380 25 Nos.

7 HPDJ F-4185 20 Nos.

8 HPDJ-1125 4 Nos.

9 HPDJ-1180 3 Nos.

10 HPDJ-1280 1 Nos.

11 HPDJ-3940 1 Nos.

12 HPOJ-6500 1 Nos.

13 HPOJ-4580 1 Nos.


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14 Brother 5250 DN 3 Nos.

15 Brother 6050 DN 3 Nos.

16 Lexmark E-230 13 Nos.

17 Samsung CLP 510 2 Nos.

18 SAMSUNG ML-1250 80 Nos.

19 SAMSUNG ML-2150 N 2 Nos.

20 SAMSUNG ML-2151 N 3 Nos.



23 SAMSUNG ML-2851D/2571 5 Nos.


25 SAMSUNG ML-2751/2851 6 Nos.

26 HP CLP-1700 2 Nos.

27 HP CLP 4550 1 Nos.

28 HP CLP 5550 2 Nos.

29 HP CLP-2820 2 Nos.

30 Scanner (Different Model) 5 Nos.

31 HPLJ-1005 1 Nos.

32 HPLJ-2100 10 Nos.

33 HPLJ-5100 1 Nos.

34 HPLJ-1022 11 Nos.

35 HPLJ-6P 1 Nos.

36 HP OJ 6488 1 Nos.

37 HP K7108 A-3 Size Printer 1 Nos.

38 HP PCS F4288 1 Nos.

39 HP Laserjet P1566 131 Nos.

40 HP Officejet 6500 14 Nos.


42 HP CLJ CP 2025DN 4 Nos.

43 Mobile Portable Printer HP OJ100 5 Nos.

44 A3 Size - HP LJ CLP 5225dn 3 Nos.

45 HP LJ 5200DN (Mono) – A3Size 1 Nos.


7 of 16 27-04-2015 20:38


2. The bidder is requested to quote the charges of CAMC for 692 Printers taking into considerationthat the contract period would be 6 months.The bidder may prepare themselves to extend the

contract period beyond 6months(if required) at the same quoted Price.( Kindly Refer to Point no-2(a)of general requirements of CAMC of section C of tender document)

46 MFP – HP OJ 6500 – 3-in-1 15 Nos.

47 MFP – HP OJ 6500 – 3-in-1 15 Nos.

48 HP-5610 MFP 6 Nos.

49 Samsung ML-2851ND 5 Nos.

50 Samsung ML-2240 15 Nos.

51 Samsung ML-2511N – QASites 4 Nos.

52 HP OJ Pro 8600 12 Nos.

53 HP OJ 8000 2 Nos.

54 HP Ink Advance 3525 20 Nos.

55 Canon Pixma Photo Printer –IP 2770 1 Nos.

56 HP DJ 460 CBI Printer 1 Nos.

57 LJ Color Network printer – HP4300N 1 Nos.

58 HP CLP 6122 1 Nos.

Sub Total=0.0000Grand Total= 0.0000


8 of 16 27-04-2015 20:38

The contractor shall quote for 466 Laptops as per the list given in Annexure 3, for one(1) year.

Item Name: -The contractor shall quote for 466 Laptops as per thelist given in Annexure 3, for one (1) year.

Tender Id : - 5228 Tender Reference No. : - CMM/MISC/00-00-5-4001Template Name : - CAMC for 466 laptops for a period of 12 months (Annexure-3)

SlNo(A)

Configuration/Descriptionof Item(B)

Quantity(C)

UOM(D)

UnitCAMCChargespermonth inINR(E)

TotalCAMCChargesPer Monthin INR (F= C*E)

Total CAMCCharges forTwelvemonths inINR(G=F*12)

Remarks

1 IBM THINKPAD-R-Series-1.5 2 Nos.

2 TOSHIBA(P-4) 2 12 Nos.

3 HP COMPAQ-2.0 6 Nos.

4 HP Compaq 6720S 1 Nos.

5 HP 530 2 Nos.

6 HP COMPAQ TC4200-2.13 1 Nos.

7 HP COMPAQ 2210B 1 Nos.

8 HP Compaq 6720S 1 Nos.

9 HP 550 2 Nos.

10 HP COMPAQ6520S 1 Nos.

11 HP MINI 210-1084 5 Nos.

12 HP Probook 4410 8 Nos.

13 LAPTOP TOSHIBA-PROTÉGÉ-R-700 (New Delhi) 1 Nos.

14 LAPTOP TOSHIBA-PROTÉGÉ-R-700 1 Nos.

15 LAPTOP HP-PAVELION-dm4 6 Nos.

16 HP MINI 110 5 Nos.

17 Toshiba – Tecra 366 Nos.

18 Toshiba Tecra (JNPP Site) 6 Nos.

19 HP Probook 4430S 12 Nos.


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2. The bidder is requested to quote the charges of CAMC for 466 Laptops taking intoconsideration that the contract period would be 12 months.( Kindly Refer to Point no- 2(a)of

general requirements of CAMC of section C of tender document)



22 Samsung NP 300 ESZ 1 Nos.

23 Lenovo Laptop (Sr.No.LV-A3851) 1 Nos.

24Intel P-IV 2.2 GHz, 512 MB,40GB, 24X CD/W, 15”TFT, 4XAGP to 64MB

1 Nos.

Sub Total=0.0000Grand Total= 0.0000


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CAMC for 399 PCs ( Annexure -4)

Item Name: -The contractor shall also bid for 399 PCs and 481printers as per the list given in Annexure 4 & 5 taking intoconsideration that these are in the contract for the next 6 months.The contractor shall prepare themselves to reduce these in thecontract for less than 6 months if required at the same quotedprice.

Tender Id : - 5228 Tender Reference No. : - CMM/MISC/00-00-5-4001Template Name : - CAMC for 399 PCs (Annexure-4)

SlNo.(A)

Configuration of PC(B)

Quantity(C)

UOM(D)

UnitCAMCChargespermonth inINR(E)

TotalCAMCChargesPerMonth inINR (F =C*E)

TotalCAMCChargesfor SIXmonths inINR(G=F*6)

Remarks

1 (AMD, Opteron) 1212, 2 GHz, 250GB SATA HDD 6 Nos.

2(AMD Athelon) 64 X, 6000+,3GHz AMD 690 Chipset.1413,DDR-II DVD Writer

10 Nos.

3( Intel core 2 Duo E8400, 3 GHz)160 GB SATA, 1GB DDR DVDWriter 17" CRT Colour monitor

113 Nos.

4

AMD Opteron, 2GB RAM, 500 GBSATA II HDD, 20X DVD Writer17" TFT Colour monitor (Acer) 64Bit m/c

58 Nos.

5 Intel Xeon CPU, 2GHz, 16GBRAM, 2*1TB SATA II HDD 4 Nos.

6Intel Core-2-Duo CPU, 2.93 GHz,3GB DDR-3 RAM, 320 GB SATAHDD

10 Nos.

7(AMD Athlon 3200+) 80 GBSATA, 1 GB DDR 400 MHz, 52xCombo Drive - IDE

12 Nos.

8 PDMS Group HP 3 Nos.

9

Xeon ™, 3.06 GHz, 2 GB RAM,Core-2-Duo,160 GB HDD,DVD/Writer 19" TFT Colourmonitor

1 Nos.


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10

Duel core Xeon processor, 3.00GHz, 2GB RAM, CD/Writer andDVD/Writer in IPC 30 GB HDD,4GB DAT, 19" CRT CM

3 Nos.

11

Dual AMD Opeteron, 2 x 500 GBSATA-II HDD, 8GB DDR2-667MHz, 20x DVD Writer 19" LCDColour monitor

5 Nos.

12

Dual AMD Opeteron, 2 x 500 GBSATA-II HDD, 8GB DDR2-667MHz, 20x DVD Writer 19" LCDColour monitor (Make - EBMEntrage)

5 Nos.

13

HCL Infinity Series – Intel-Core-2-Duo E4600 2.4 GHz, 2MBL2 catch, 800 MHz FSB, GForce 7Ser, 2GB 667 MHz DDR-2 RAM,HDD 160 GB Series ATA, 17” TFTColor, Keyboard, Mouse Optical,DVD/W

30 Nos.

14

Spec - Same as above, PCsallotted at Jaithapur and QSOffices: Jaithapur Site – 2,Liasion Off Delhi – 3, Banglore QS– 4, Baroda QS – 3, Bhopal QS-1,Chennai QS-2, Noida QS ,Delhi-3, Hazira QS 2, HaridwarQS-1, Hyderabad QS-3, KolkattaQS-1, Pune QS-3, SecunderabadQS-2

30 Nos.

15

Workstation PC Intel P4, 3GHz,120 GB SATA HDD, 4GB DDR SDRAM CD Writer, 21" Samtroncolour monitor

5 Nos.

162GB RAM, 3GHz,80 GB HDD, 17"TFT Colour monitor, HP DX 2180(Emergency Response Centre)

8 Nos.

17

AMD Athleon 3200+, 80 GB SATA1 GB DDR-II RAM 400 MHz, 52xCombo Drive, 15" TFT Colourmonitor

12 Nos.

18CPU 2.8 GHz, 1MB RAM, 40 GBHDD, CD ROM - 15" ColourMonitor

3 Nos.

19 DELL Optiplex, P-IV, 2.4 GHz, 1GB RAM, 40 GB HDD 3 Nos.

20

Core 2 Duo, 1.8 GHz Intel Q963Chipset, 160 GB SATA HDD, 1 GBDDR-II RAM, COMBO Drive, 17"TFT Colour monitor

2 Nos.

21

Intel core 2 Duo, 2.66 GHz, 160GB SATA HDD, 1GB DDR-II RAM,DVD Writer, 17" LCD Colourmonitor

3 Nos.

22 All-in-One PCs - Dell Inspiron 17 Nos.

23 Workstation PCs - HP Z 210(Haryana) 9 Nos.


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2. The bidder is requested to quote the charges of CAMC for 399 PCs taking into considerationthat the contract period would be 6 months( 2nd half).The bidder may prepare themselves to

reduce the contract period less than 6 months(if required) at the same quoted rate. ( Kindly referto Clause no- 2 (a) of General Requirments of CAMC in section C of tender document.)

24

NAS SYSTEM (Network AttachedStorage) – Model SynologyDS-1010 + 10TB NAS -10TB(Open 2TB x 5 HDD), SATAII HDD, 1067 GHz Duel CoreProcessor, 3 GB 64 Bit DDR/533MHz Memory, Duel 1 GB LANNetwork host, 4xUSB 2.0 + 1xeSATA 5x3.5” Hot swap 2TB HDDbays support for RAID 0,1,5,6,RAID 5 + Hot Swap spare andJBOD support Windows / Mac andLinux client Synology disk stationmanager 2.3

12 Nos.

25 Dell Inspeiration 2310 All-in One 8 Nos.


27PC- Processor Intel core i3-2120CPU 3.30 GHz, RAM 4 GB, 32 bitOS, HD 1 TB

1 Nos.


29 lenovo e72 z All-in-One 10 Nos.

Sub Total=0.0000GrandTotal =0.0000


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CAMC of 481 printers (Annexure-5)

Item Name: -The contractor shall also bid for 399 PCs and 481printers as per the list given in Annexure 4 & 5 taking intoconsideration that these are in the contract for the next 6 months.The contractor shall prepare themselves to reduce these in thecontract for less than 6 months if required at the same quotedprice.

Tender Id : - 5228 Tender Reference No. : - CMM/MISC/00-00-5-4001Template Name : - CAMC for 481 Printers ( Annexure-5)

SlNo(A)

Configuration ofPrinter(B)

Quantity(C)

UOM(D)

Unit CAMCCharges permonth inINR(E)

Total CAMCCharges PerMonth in INR(F = C*E)

Total CAMCCharges forSIX monthsin INR(G=F*6)

Remarks(G)

1 HPDJ A4 Size 40 Nos.

2 HP- 1350-All-in-One 5 Nos.

3 HP- 7208/7408All-in-One 5 Nos.

4 HP-6318 All-in-one 30 Nos.

5 HP Inkjet F380 25 Nos.

6 HPDJ F-4185 20 Nos.

7 HPDJ-3940 1 Nos.

8 HPOJ-6500 1 Nos.

9 HPOJ-4580 1 Nos.

10 Samsung CLP 510 2 Nos.




14 SAMSUNGML-2851D/2571 5 Nos.



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16 SAMSUNGML-2751/2851 6 Nos.

17 HP CLP 4550 1 Nos.

18 HP CLP 5550 2 Nos.

19 HPLJ-2100 4 Nos.

20 HPLJ-5100 1 Nos.

21 HPLJ-6P 1 Nos.

22 HP OJ J6488 1 Nos.

23 HP K7108 A-3 SizePrinter 1 Nos.

24 HP PCS F4288 1 Nos.

25 HP Laserjet P1566 131 Nos.



28 HP CLJ CP 2025DN 4 Nos.

29 Mobile PortablePrinter HP OJ 100 5 Nos.

30 A3 Size - HP LJ CLP5225dn 3 Nos.

31 HP LJ 5200DN (Mono)– A3 Size 1 Nos.

32 MFP – HP OJ 6500 –3-in-1 15 Nos.

33 MFP – HP OJ 6500 –3-in-1 15 Nos.

34 HP-5610 MFP 5 Nos.

35 Samsung ML-2851ND 5 Nos.

36 Samsung ML-2240 15 Nos.

37 Samsung ML-2511N– QA Sites 4 Nos.

38 HP OJ Pro 8600 12 Nos.

39 HP OJ 8000 2 Nos.

40 HP Ink Advance 3525 20 Nos.

41 Canon Pixma PhotoPrinter – IP 2770 1 Nos.

42 HP DJ 460 CBI Printer 1 Nos.

43 LJ Color Networkprinter – HP 4300N 1 Nos.

44 HP CLP 6122 1 Nos.


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2. The bidder is requested to quote the charges of CAMC for 481 Printers taking into considerationthat the contract period would be 6 months( 2nd half).The bidder may prepare themselves to

reduce the contract period less than 6 months(if required) at the same quoted rate. ( Kindly referto Clause no- 2 (a) of General Requirments of CAMC of section C of tender document.)

45 EPSON LX 300 (Sr.No. CBFY261032) 1 Nos.

Sub Total=0.0000Grand Total =0.0000


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NPCIL e-Tenders

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