gst in number: 33aaacn3154f2zw · 6. price quote shall be for purchaser's site including gst...
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KudankulamPO, Radhapuram Taluk, Tirunelveli District – 627 106, Tamil Nadu. Phone: 04637-282199; Fax: 04637-282197; e-mail : [email protected]
GST IN Number: 33AAACN3154F2ZW
INVITATION TO TENDER
Tender No. KKNPP/1&2/CMM/SPT/18537 DATED:- As per NIT
Due Date UPTO 11:00 Hrs. IST
As Indicated in NIT
Dear Sir,
For and on behalf of Nuclear Power Corporation of India Ltd., Head CMM invites bids for
the supply of Stores detailed in the Form No. CMM-22A/Rev.5. Any contract against this tender will
be governed by General Conditions of Contract contained in form No. CMM-22/Rev.5 and *Special
Commercial Terms and Conditions annexed herewith. If you are in a position to quote for the supply
in accordance with the requirement stated in the attached online form, please submit your bid in the
online tender form CMM-22A/Rev.5.
Your bid must be submitted in on-line bidding forms at http://npcil.etenders.in only on or
before the due date and time mentioned above.
Yours faithfully,
(M.R. Mehta)
SM(C&MM) For and on behalf of Nuclear Power Corpn. of India Ltd.
(The Purchaser)
*Strike off if not applicable SPT/IND
NUCLEAR POWER CORPORATION OF INDIA LTD [A Government of India Enterprise]
KUDANKULAM NUCLEAR POWER PROJECT CONTRACTS & MATERIALS MANAGEMENT GROUP
KudankulamPO, Radhapuram Taluk, Tirunelveli District – 627 106, Tamil Nadu. Phone: 04637-282199, Fax: 04637-282197, e-mail : [email protected]
INSTRUCTIONS TO TENDERERS
1. The bid (E-bid) shall 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. 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.
2. 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.
3. The delivery of all items contained in the tender shall be made in one lot. As such, no prorata
delivery shall be permitted unless asked for nor will any price variation be allowed.
4. (a) The bids shall remain valid for acceptance for 90 days from the due date of tender.
(b) Prices are required to be quoted according to units indicated in the annexed Tender
Form. When bids are given in terms of units other than those specified in the Tender
Form, relationship between the two sets of units must be furnished.
5. The prices quoted shall be on free and safe delivery basis to the place of delivery mentioned
in the tender. These prices shall remain FIRM throughout the currency of contract. Ex-stock
delivery will be preferred. If ex-stock delivery cannot be offered, earliest guaranteed delivery
date by which time the stores can be supplied shall be indicated.
6. Price Quote shall be FOR Purchaser's Site including GST and all other indirect taxes &
duties. Freight and Transit Insurance Charges shall be included in the Price Quoted.
7. 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,
Special Conditions of Contract (Section B) and Section „D‟ (if applicable). The Bidders, in
addition, should mention applicability of Statutory Levies like Goods and Services Tax
(CGST / SGST / UTGST / IGST) etc. and all other related information. All input tax credit
benefits available to Indian manufacturers / dealers / contractors, etc, shall, however, be taken
into consideration in quoted prices and the Bidder shall pass on the benefits to the Purchaser.
8. GST as applicable during the contractual delivery period shall be reimbursed by the
purchaser at actuals against submission of a certificate from the contractor.
NUCLEAR POWER CORPORATION OF INDIA LTD [A Government of India Enterprise]
KUDANKULAM NUCLEAR POWER PROJECT CONTRACTS & MATERIALS MANAGEMENT GROUP
9. In case of increase in existing taxes/ duties and 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 and on submission
of a certificate from the contractor. This provision shall not apply to changes in Personal
Income tax or Corporate Income tax or to changes in non-Indian Taxes.
10. Any contract pursuant to this tender shall be governed by General Conditions of Contract
governing supply of stores as per Form No. CMM-22/Rev.5 and *Special Commercial Terms
and Conditions enclosed herewith. Accordingly, the Tenderer shall submit his bid strictly as
per the Terms and Conditions contained therein. *Special Commercial Terms and Conditions
shall prevail over the General Conditions of Contract Form No. CMM-22/Rev.5 to the extent
of difference between them. In exceptional cases, if any deviations are proposed these must
be clearly stated in the bid and incorporated as Annexure-'B' to the tender form. The right to
accept or reject these deviations is absolutely reserved by the Purchaser.
11. Bids seeking deviations from the above mentioned terms and conditions of the tender are
liable to be rejected.
12. The Purchaser reserves the right to accept or reject, lowest or any bid, in whole or in part,
without assigning any reasons whatsoever and without any liability to the Purchaser. The
Tenderer not withstanding that his bid has not been accepted in whole shall be bound to
supply such item or items and such portion or portions of one or more items, as may be
accepted by the Purchaser.
13. Scanned copy of the latest Income Tax Clearance Certificate/Scanned copy of the latest
Income Tax returns filed with Income Tax Department duly attested by the tenderer shall be
uploaded with the bid without fail.
14. Tenderer‟s GST Identification Number (GSTIN) should be indicated in the bid.
15. If registered with NPCIL/DGS&D/NSIC/SSI/DPS etc., registration details should be
indicated in the bid.
16. Purchase Preference :
Purchase Preference to Micro and Small Enterprises (MSEs) for Supply of Goods or Services
will be given as per Public Procurement Policy for Micro & Small Enterprises (MSEs), order
2012 and Amendment order, 2018 under Micro, Small and Medium Enterprises Development
Act, 2006 of Government of India or as amended from time to time, in force at the time of
opening of bids provided their bids are in compliance with the conditions of policy.
In case a tendered item is non-splitable or non-divisible, MSE quoting Price within the Price
– band of “L1- Price (Other than MSE) + 15%” may be awarded for full/ complete value of
supplies, subject to matching of the L1 Price.
The MSEs, who are interested in availing themselves of the 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 and notification no. 85 (E) dated 10.01.2017 as printed
in the Gazette of India indicated below:-
(i) Udyog Aadhar Memorandum (UAM) issued by Ministry of MSME (ii) District Industries Centers (iii) Khadi and Village Industries Commission
(iv) Khadi and Village Industries Board (v) Coir Board (vi) National Small Industries Corporation (vii) Directorate of Handicraft and Handloom (viii) Any other body specified by Ministry of MSME.
The MSE bidder must upload a copy of registration certificate along with the bid, failing
which such bid shall be rejected.
i) Wherever, the certifying agency is issuing the registration certificate with terminal validity, the MSE must also indicate the terminal validity date for their registration. The MSE should upload certificate valid as on date for submission of tender. In case such a certificate claiming exemption from payment of Tender Fee is found to be defective or invalid, such bids shall be rejected. Or
ii) Wherever the certifying agency is issuing registration certificate without terminal validity, the same shall be submitted for claiming exemption from payment of Tender Fee. In case such a certificate claiming exemption from payment of Tender Fee is found to be defective or false, such bids shall be rejected.
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.
17. Banning of Business Dealings by NPCIL
17.1. Grounds for Banning
The business dealing with the Contractor shall be liable for banning, on account of the
reasons attributable to them, which shall include, but not limited to the following:
17.1.1. Involvement in cartel formation during bidding.
17.1.2. Baseless allegations by the bidder on NPCIL evaluation Process or officials.
17.1.3. If any of the owner, proprietor or partner of the Contractor, is convicted by a court of law,
during bidding process or currency of the contract, for offences involving corrupt and
fraudulent practices including misrepresentation of the facts, moral turpitude in relation to
its business dealings with NPCIL.
17.1.4. Malafide /unlawful acts /malpractices or improper conduct on part of Contractor based on
the approved findings of the Investigation agency.
17.1.5. If the Contractor misuses the premises or facilities of the NPCIL forcefully occupies,
tampers or damages the Company properties etc. or fails to vacate the
properties/land/complex within reasonable time limit as specified or even after receiving
the notices from the department.
17.1.6. Security concerns for the assets of the Corporation and State.
17.1.7. Submission of bids that contain false information or falsified documents or the
concealment of such information in the bids in order to influence the outcome of eligibility
screening or /at any other stage of public bidding and execution.
17.1.8. Withdrawal of a bid or refusal to accept an award of contract with the NPCIL without
justifiable cause, after being adjudged as the successful bidder.
17.1.9. Supply of Counterfeit items.
17.2. Show Cause Notice
17.2.1. NPCIL will issue Show Cause Notice to the Contractor on noticing/receipt of a complaint
of any irregularities and /or misconduct and /or unethical practice as mentioned in clause
no. 17.1.
17.2.2. Upon receipt of Show cause notice, the Contractor is required to submit the reply to Show
Cause Notice within 30 days of its receipt and no extension shall be given without
justifiable reasons. The Contractor shall also be given an opportunity for oral hearing to
present the case in person to NPCIL and the date of Oral Hearing will be indicated in the
Show Cause Notice. Only the regular employees of Contractor will be permitted to
represent the Contractor during the Oral hearing, and no outsider shall be allowed to
represent the Contractor on their behalf.
17.3. Period of Banning
The period of banning shall be for a period of three years or as considered appropriate by
NPCIL in the first instance and for a period up to five years for repeated instances.
17.4. Effect of Banning of Business Dealings by NPCIL:
In case NPCIL has banned the business dealing with the bidder/contractor, the following shall
be the consequences on issuance of the order of banning of business dealings with the
bidder/contractor:-
17.4.1. The bidder shall not be allowed to participate in any future tender enquiry. If the bidder
has already participated in tender process and the price bids are not opened, his techno-
commercial bid will be rejected and price bid will be kept unopened. In cases, where the
price bids of bidder have been opened prior to the order of banning, such bids shall be
rejected.
17.4.2. The bidder shall not be permitted to participate in any business process in any form or
entity i.e. as Associate/Collaborator/Joint Venture Partner/Consortium Partner of the Main
Contractor even if the banning order is passed subsequent to opening of Part-I bids.
17.4.3. The bidder shall not be allowed to participate as Sub-Vendor/sub-contractor in the tenders
for contracts for works, service and supplies.
17.4.4. Even if, the banned contractor is an approved sub-vendor under any Contract for such
equipment/component/service, the Main contractor shall not be permitted to place work
order/Purchase order/Service contract on the banned contractor as a sub-vendor after the
date of banning even though the name of the party has been approved as a sub-vendor
prior to the order of banning.
17.4.5. The completion certificate issued to the contractor shall make a mention regarding banning
during execution of the contract.
17.4.6. Banned bidder shall not be permitted to submit the bid. The bid submitted by the banned
bidder shall be summarily rejected.
18. Civil Liability for Nuclear Damages (CLND) Act 2010 & Rule 2011 thereof:
Subsequent to the enactment of CLND Act 2010 and Rule 2011, 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, as referred in GCC.
To have clarity on the terms used in the CLND Act 2010 and Rule 2011 pertaining to Right
to Recourse, following definition to be considered by the bidder before submission of bids.
i. “Contractor” – shall be as per applicable GCC.
ii. “Supplier” shall be as defined in CLND Rule 24-2.
iii. “Product Liability Period (PLP)” shall be as defined in CLND Rule 24-2.
Explanation w.r.t. GCC: In case of supply of equipment(s), PLP shall be the
Defect Liability Period plus contractual Latent Defect Liability Period, where
as in case of services, PLP shall be up to Defect Liability period as defined in
applicable GCC.
iv. “Initial License” (Refer CLND Rule 24-2): The initial license, unless otherwise
specified, is valid for a period of five years from the date of its issue by AERB.
19. Conditions on Public Procurement from certain countries:
Provisions of F. No. 6/18/2019-PPD Order (Public Procurement No. 1) dated 23.07.2020 and
Order (Public Procurement No. 2) dated 23.07.2020 issued by Public Procurement Division,
Department of Expenditure, Ministry of Finance, Govt. of India shall be applicable to all
tenders issued by NPCIL. Bidders shall apprise and acquaint themselves with the latest
provisions of these provisions, as applicable on the date of submission of the tender.
For ready reference, some of the important provisions as applicable currently are mentioned
herein below. For sake of clarity, it is reiterated that this is not exhaustive list and it shall be
responsibility of the bidder to ensure compliance to the latest provision in this regards. In
case of any conflict between clauses written herein below with the above order(s), as
amended from time to time, the provisions of order/ latest version shall govern.
I. Any bidder from a country which shares a land border with India will be eligible to bid in this tender
only if the bidder is registered with the Competent Authority.
II. “Bidder” (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain contexts) means any person or firm or company, including any member of a consortium or joint venture (that is an association of several persons, or firms or companies), every artificial judicial person not falling in any of the descriptions of bidders stated hereinbefore, including any agency branch or office controlled by such person, participating in a procurement process.
III. “Bidder from a country which shares a land border with India” for the purpose of this order means: a. An entity incorporated, established or registered in such a country; or b. A subsidiary of an entity incorporated, established or registered in such a country; or c. An entity substantially controlled through entity incorporated, established or registered in
such a country; or d. An entity whose beneficial owner is situated in such a country; or e. An Indian (or other) agent of such an entity; or f. A natural person who is citizen of such a country; or g. A Consortium or Joint Venture where any member of the consortium or joint venture falls
under any of the above
IV. The beneficial owner for the purpose of (iii) above will be as under: 1. In case of a company or Limited Liability Partnership, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more judicial person, has a controlling ownership interest or who exercises control through other means. Explanation –
a. “Controlling Ownership Interest” means ownership of or entitlement to more than twenty-five percent of shares or capital or profits of the company;
b. “Control” shall include the right to appoint majority of the directors or to control the management or policy decisions including by virtue of their shareholding or management rights or shareholders agreements or voting agreements;
2. In case of a partnership firm, the beneficial owner is the natural person(s) who, whether acting alone or together, or through one or more judicial person, has ownership of entitlement to more that fifteen percent of capital or profit of the partnership;
3. In case of an unincorporated association or body of individuals, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more judicial person, has ownership of or entitlement to more than fifteen percent of the property or capital or profits of such association or body of individuals;
4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner is the relevant natural person who holds the position of senior managing official;
5. In case of a trust, the identification of beneficial owner(s) shall include identification of the author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the trust and any other natural person exercising ultimate effective control over the trust through a chain of control or ownership.
V. An Agent is a person employed to do any act for another, or to represent another in dealing with third person.
VI. The successful bidder shall not be allowed to sub-contract work to any contractor from a country which shares a land border with India unless such contractor is registered with the Competent Authority.
VII. Notwithstanding anything contained herein, the order will not apply to bidders from those countries (even if sharing a land border with India) to which the Government of India has extended lines of credit or in which the Government of India is engaged in development projects. Updated lists of countries to which lines of credit have been extended or in which development projects are undertaken are given in the website of the Ministry of External Affairs.
VIII. Certificate/Declaration to be provided by all bidders:
“I have read the clause regarding restriction on procurement from a bidder of a country which
shares a land border with India and on sub-contracting to contractors from such countries; I
certify that this bidder is not from such a country or, if it is from such a country, has been
registered with the Competent Authority and will not sub-contract any work to a contractor
from such countries unless such contractor is registered with the Competent Authority. I hereby
certify that this bidder fulfills all requirement in this regard and is eligible to be considered.
(Where applicable, evidence of valid registration by the Competent Authority shall be
attached.)”
* Strike off if not applicable
* * *
SPT/IND
FORM NO. CMM – 22/Rev.5
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
DIRECTORATE OF CONTRACTS AND MATERIALS MANAGEMENT
GENERAL CONDITIONS OF CONTRACT GOVERNING SUPPLY OF STORES
APPLICABLE TO THE CONTRACTS FOR
INDIGENOUS STORES PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED
INDEX
LIST OF CONTENTS
CLAUSE NO. TITLE PAGE
NO. 01 PREAMBLE 03
02 DEFINITIONS 03
03 SUBLETTING OR ASSIGNMENT OF CONTRACT 05
04 CONTRACT SPECIFICATIONS AND DRAWINGS 05
05 ALTERATION OF SPECIFICATION, PATTERNS & DRAWINGS 06
06 MISTAKES IN DRAWINGS 06
07 CONTRACTOR'S LIABILITY FOR DEFECTIVE STORES 06
08 WARRANTY 07
09 CONTRACT PRICE / RATE 07
10 SAMPLES 07
11 PACKING & MARKING 07
12 CONTRACTOR'S LIABILITY REGARDING DESPATCH / DELIVERY 08
13 INSURANCE 08
14 DELIVERY SCHEDULE 08
15 FORCE MAJEURE 10
16 QUALITY SURVEILLANCE, INSPECTION, ACCEPTANCE AND REJECTION 10
17 RECOVERY OF SUMS DUE 11
18 MODES OF PAYMENT 12
19 TERMS OF PAYMENT 12
20 SUPPLY OF FREE ISSUE MATERIAL (FIM) 13
21 EXERCISING THE RIGHTS & POWERS OF THE PURCHASER 14
22 INDEMNITY 15
23 ARBITRATION 15
24 PERMITS & LICENCE 16
25 INSPECTION & FINAL ACCEPTANCE TEST 16
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CLAUSE NO. TITLE PAGE
NO.
26 TITLE TO THE PLANT / EQUIPMENT / MACHINERY / INSTRUMENTS 16
27 TRAINING 16
28 OPERATION INSTRUCTION MANUAL 17
29 LAW GOVERNING THE CONTRACT 17
30 JURISDICTION 17
31 SECRECY 17
LIST OF ANNEXURES / APPENDICES
ANNEXURE – A : FORMAT FOR “INDEMNITY BOND AGAINST FREE ISSUE MATERIAL”
APPENDIX – A : FORMAT FOR “CERTIFICATE TOWARDS EXCISE DUTY”
APPENDIX – B : FORMAT FOR “CERTIFICATE TOWARDS SALES TAX”
APPENDIX – C : FORMAT FOR “CERTIFICATE TOWARDS SERVICE TAX”
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CMM-22/Rev. 5 GENERAL CONDITIONS OF ALL CONTRACTS
FOR INDIGENOUS STORES PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED (A GOVERNMENT OF INDIA ENTERPRISE)
GENERAL CONDITIONS OF CONTRACT
1 PREAMBLE
1.1 The scope of the Contract shall be design, manufacture, supply, inspection, test, erect and commission, 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 (Form No. CMM-22/Rev.5) shall form a part of the Contract.
1.3 In case of any conflict between the terms and conditions of the General Conditions of Contract (Form No. CMM-22/Rev.5) and the conditions as may be stipulated in the Contract, the latter shall prevail to the extent applicable.
2 DEFINITIONS
2.1 "PURCHASER" shall mean Nuclear Power Corporation of Limited, A Government of India Enterprise acting through Executive Director, Directorate of Contracts & Materials Management (hereinafter called NPCIL).
2.2 “EXECUTIVE DIRECTOR", Directorate of Contracts and Materials Management, shall mean Executive Director, Contracts & Materials Management of NPCIL and includes any other officer entrusted with the function of Contracts and Materials Management (CMM) by NPCIL.
2.3 "INSPECTOR” shall mean any person appointed by or on behalf of the Purchaser to inspect or carry out quality surveillance on supplies, stores or work under the Contract or any person deputed by the Inspector for the said purpose.
2.4 "ENGINEER" shall mean the person nominated by the Purchaser to carry out all engineering functions concerning the contract including interalia approval of manufacturing, drawings, post contract technical follow up, accounting of free issue materials where involved and such other technical functions.
2.5 "PARTICULARS" shall mean the following: --
2.5.1 Specification(s);
2.5.2 Drawing(s);
2.5.3 Sealed pattern denoting a pattern sealed and signed by the Inspector;
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2.5.4 Proprietary make denoting the produce of any individual firm; and
2.5.5 Any other details governing the construction, manufacture and/or supply as provided in the Contract.
2.6 "PARTIES” to the Contract are the Contractor named in the Contract and the Purchaser. 2.7 "CONTRACTOR” shall mean firm or company with whom or with which the order for
the supply of Stores is placed and shall be deemed to include the Contractor’s legal successors and/or assignees (approved by the Purchaser), representatives, heirs, executors and administrators unless excluded by the Contract.
2.8 "STORES” shall mean and include what the Contractor agreed to supply under the Contract as specified in the Contract and shall include inter-alia goods and materials, equipment, machinery, components, instruments, appliances, accessories and plant
2.9 “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 on the terms and conditions mentioned or referred to in the said communication or document including all attachments and appendices thereto while accepting the Tender or Offer of the Contractor for supply of Stores and any subsequent amendments thereto made on the basis of mutual agreement.
2.10 "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.
2.11 "GUARANTEE PERIOD" or" WARRANTY PERIOD" shall mean the period during which the Contractor shall remain liable without any extra cost to the Purchaser for repair, replace or rectify any defective part or performance of the Stores supplied under the Contract.
2.12 "BID" shall mean and include offer and quotation.
2.13 "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.
2.14 "ACCEPTANCE” shall mean and deemed to include one or more of the following as stipulated in the tender:
a) the written acceptance of stores by the Inspector at Contractor's works to ship the materials;
b) acceptance of the stores at Purchaser's Site Stores after its receipt and due inspection and release of Material Receipt Voucher. Where the scope of the Contract is only supply, the acceptance should be completed within 75 (seventy five) days from the date of receipt of Stores at Purchaser's Site subject to Contractor meeting the requirements stipulated in the Contract.
c) Where the scope of the Contract includes supply, erection and commissioning, acceptance shall mean issue of necessary Material Receipt Voucher after commissioning
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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 Contractor meeting the requirements stipulated in the Contract.
3 SUBLETTING OR ASSIGNMENT OF CONTRACT 3.1 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. However, such consent shall not be unreasonably withheld by the Purchaser, if such stores are not normally manufactured by the Contractor. Such assignment or sub-letting shall not relieve the Contractor from any contractual obligation or responsibility under the Contract.
3.2 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 clause no. 15.2 hereof and/or recover from the Contractor damages arising from such cancellation.
3.3 In case the Contractor sublets, transfers or assigns any part of the Contract with the prior
written consent of the Purchaser, all payments to the sub-Contractor shall be the responsibility of the Contractor and any requests from such Sub-Contractor shall not be entertained by the Purchaser.
4 CONTRACT SPECIFICATIONS AND DRAWINGS 4.1 Quality and Workmanship 4.1.1 The Stores shall be brand new, of the best quality and workmanship and shall comply in all
respects with Particulars of the Contract. 4.1.2 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 called for furnishing Particulars, the Contractor’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 no claim on his part which may arise on account of non-examination or misunderstanding of the Particulars will, in any circumstances, be considered by the Purchaser or be recoverable from him.
4.1.3 The Contractor shall be responsible for and shall pay for any alterations of Stores and shall
indemnify the Purchaser for any consequential expenditure incurred by the Purchaser due to any discrepancies, errors or omissions in the drawings or other Particulars supplied by the Contractor whether such drawings or specifications have been approved by the Purchaser or not.
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4.2 Any fittings or accessories which may not be specifically mentioned in the Specifications or Particulars but which are usual or necessary for proper and efficient functioning of the Stores as per the specification of the tender shall be supplied by the Contractor without extra charge to the Purchaser; the Stores supplied shall be complete in all respects.
5 ALTERATION OF SPECIFICATIONS, PATTERNS AND DRAWINGS 5.1 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.
5.2 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 to taking into account the unit rates of similar items in the Contract. In case of disagreement, the decision of the Purchaser, in the cost or the delivery period, shall be final and conclusive.
6 MISTAKES IN DRAWINGS
The Contractor shall be responsible to make all necessary alterations of the Stores which are occasioned due to any discrepancies, errors or omission in the drawings or Particulars submitted by the Contractor irrespective of whether these have been approved by the Purchaser or not. If the Contractor fails to make such alterations, the Purchaser may do so at the risk and cost of Contractor.
7 CONTRACTOR'S LIABILITY FOR DEFECTIVE STORES
7.1 The Purchaser may accept the Stores, 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 discovered 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 Guarantee Period while under proper use or subsequently it is found that Stores failed to fulfill the requirements or Particulars of the Contract or developed defects after erection within a period of 12 (twelve) months from the date of acceptance, the Purchaser shall be entitled to give a notice to the Contractor within 14 months from the date of acceptance of stores 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 Contractor fails to make the desired repairs/replacement within reasonable time 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.
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7.2 Should the Contractor fail to comply within a reasonable time of issue of notice, 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 fulfill the requirements of the Contract and make the desired repairs / replacement as stipulated in clause no. 7.1 above.
7.3 In the event of such rejection the Purchaser shall be entitled to use the Stores in a reasonable and proper manner for such time as sufficient to enable the Purchaser to obtain replacement, as hereinbefore provided.
8 WARRANTY
The Contract shall warrant that the Stores 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 faulty design, workmanship, and be of sufficient size and capacity so as to fulfill in all respects the requirements of the Purchaser as specified in the Contract. The Stores supplied under the Contract shall be guaranteed for a period of 12 (twelve months) from the date of receipt and acceptance at Purchaser's Site as defined under 2.14.
9 CONTRACT PRICE/RATE
The agreed prices/rate, mentioned in the Contract shall remain firm during the currency of the Contract.
10 SAMPLES
10.1 Samples submitted by the Contractor for any reasons, shall be supplied without charge and freight paid without any obligation to the Purchaser as regards safe custody and safe return thereof. All samples submitted must be clearly labeled with the Contractor's name and address and tender number. If the Contractor submits the sample with his tender the same shall govern the standard of supply if it has been specifically stated in the Contract that the sample has been accepted instead of the Patent item.
10.2 Should certified samples be lent to the Contractor by the Purchaser, the Contractor would
be responsible for the return of all certified samples in perfect order, with the labels intact.
11 PACKING AND MARKING
To ensure that the Stores do not suffer any loss or damages during handling and transportation by Road or Rail up to the arrival at the destination, the Contractor shall be responsible for the Stores being sufficiently and properly packed. The packing and marking of packages shall be done by and at the expense of the Contractor. Each package shall contain a Packing Note quoting Contract number and date, copy of Shipping Release and one set of copy of test certificate. 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, lifting points and special handling instructions, if any.
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12 CONTRACTOR'S LIABILITY / RESPONSIBILITY REGARDING DESPATCH / DELIVERY
12.1 The Contractor shall be responsible for delivery of Stores at the destination specified by the Purchaser on Door Delivery basis / F.O.R nearest Railway Station of despatch.
12.2 Unless otherwise expressly mentioned in the Contract, the Contractor shall pay and bear all freights and all costs and expenses for transporting the Stores to the place of delivery specified in the Contract and the price specified in the Contract shall be inclusive of all such packing, handling, freight, forwarding and transit insurance charges. The Contractor shall however, indicate the break up price towards freight and transit insurance charges.
12.3 In the case of Contract with Ex-works prices, the Contractor shall arrange transportation of the Stores after Purchaser's prior approval of the selected Transporter and transportation charges.
12.4 In the case of F.O.R nearest Railway Station despatch and Stores despatched on "said to contain basis" the Contractor shall be responsible for obtaining clear receipt from the Railway Authorities specifying the goods despatched. The Purchaser shall pay for only such Stores as are actually received by it in accordance with the Contract. The Stores shall be booked at full wagon rates if applicable, and by the most economical route. The failure to do so will render the Contractor liable for the whole of avoidable expenditure caused to the Purchaser.
13 INSURANCE Unless otherwise expressly mentioned in the Contract, the Contractor shall be responsible
for safe receipt of the Stores by the Consignee and for arranging transit insurance with his underwriters from warehouse to warehouse prior to despatch of the Stores under intimation to the consignee. The price specified in the Contract shall be inclusive of the insurance charges as mentioned in the Contract. In case of failure of the Contractor to take out the Insurance cover, the Contractor would be held responsible for any loss, damages, breakage, non-delivery, theft, and pilferage of the Stores in transit.
14 DELIVERY SCHEDULE 14.1 Time and date of delivery of the Stores stipulated in the Contract, shall be the essence of the
Contract and delivery must be completed by the dates specified therein. Unless otherwise agreed, the Contract shall be deemed to have come into force from the date of issue of priced Letter of Intent/Purchase Order and accordingly contractual delivery period shall be reckoned from that date.
14.2 Delay in supply and Termination
14.2.1 Should the Contractor fail to deliver the Stores or any part thereof within the period prescribed for such delivery, it shall be construed as a breach of the Contract and the Purchaser shall be entitled at his option to the following: -
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14.2.1.1 To purchase from elsewhere, after 30 (thirty) days notice to the Contractor, on his account and at the risk of the Contractor, the Stores, not delivered or other items of similar description when such Stores exactly complying with the Particulars are not in the opinion of the Purchaser readily procurable, such opinion being final, without canceling the Contract in respect of the consignment(s), not yet due for delivery.
14.2.1.2 To cancel the total contract or balance portion thereof, and if so desired, to purchase or authorise the purchase of Stores not so delivered or other Stores of similar description, when such Stores exactly complying with the particulars are not, in the opinion of the Purchaser, readily procurable, such opinion being final, at the risk and cost of the Contractor.
14.2.2 In the event of action being taken under clause 14.2.1.1 or 14.2.1.2 above, the Contractor shall be liable for any loss which the Purchaser may sustain on that account provided an agreement to purchase from elsewhere, is made within 6 (six) months of the notice of failure or letter of cancellation sent to the Contractor. The Contractor shall not however be entitled to any gain on such purchase made on account of his 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.
14.3 Extension of Time
14.3.1 In the event, the Contract delivery dates cannot be adhered to, an application for extension of time with sufficient reason shall be made by the Contractor to the Purchaser. If failure, on the part of the Contractor to deliver the Stores in schedule time shall have arisen from any causes which the Purchaser may find as reasonable ground for an extension of the delivery time (and his decision shall be final), he may allow such additional time as he may consider justified in the circumstances of the case.
14.3.2 If the Contractor fails to supply and secure extension of Contract delivery date(s) (before effecting the delivery of Stores against the Contract) acceptance of such Stores by the Purchaser, shall not entitle the Contractor to claim payment on account of escalation or extra payment on account of increase of statutory levies that may be payable at higher rates after expiry of contractual delivery date(s).
14.4 Delay in Erection
14.4.1 Whenever erection of plant / equipment / machinery / instrument is the responsibility of Contractor in terms of the Contract and in case the Contractor fails to carry out the erection and /or commissioning in accordance with the Contract, it shall be construed, as a breach of Contract and the Purchaser shall be entitled to exercise the option as per clause no.14.2 pertaining to Supply. In such an event, the Supplier shall forfeit the balance 5% of the Contract value withheld by the Purchaser for the supply portion, irrespective of any claims of additional expenditure, the Purchaser may incur and prefer on the Supplier.
14.4.2 Action by the Purchaser as per clause no. 14.4.1 above shall not relieve the Contractor of the warranty obligations under the Contract.
15 FORCE MAJEURE
15.1 Force Majeure is herein defined as any cause which is beyond the control of the Contractor
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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:
15.1.1 Natural Phenomena, including but not limited to floods, droughts, earthquakes and
epidemics.
15.1.2 Acts of any Government, domestic or foreign, including but not limited to war - declared or undeclared, priorities, quarantines, embargoes.
15.1.3 Other phenomena including but not limited to hostilities, riots, civil commotion and declared lock- out in Contractor's works.
15.2 Provided that Parties shall not be liable for delays in performing its obligations resulting from any force majeure cause as referred to / or defined above. The date of completion will, subject to hereinafter provided, be extended by a reasonable time even though such cause may occur after Contractor's performance of his obligations has been delayed for other cause. However, the contractor is not entitled to increase in statutory levies in statutory levies that have come into force during the extended delivery period.
16 QUALITY SURVEILLANCE, INSPECTION, ACCEPTANCE AND REJECTION
16.1 Stores covered by the Contract shall be subjected to quality surveillance and inspection by the Purchaser’s authorised Inspector.
16.2 The Contractor shall establish a quality surveillance and inspection plan in consultation with the Inspector or inspection agency and have it approved by the Purchaser before start of manufacture. 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.
16.2.1 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 or 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.
16.3 The Stores shall be offered by the Contractor for inspection at such places as may be specified by the Inspector at the Contractor's risk, expense and cost.
16.4 The stores received by the Purchaser will also be subject to inspection and test as may be
considered necessary by the Inspector and his decision as regards rejection of Stores shall
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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: -
16.4.1 Allow the Contractor to resubmit Stores in replacement of those rejected within a time
specified by the Purchaser (which time shall become essence of the Contract), the contractor bearing the cost of freight for such replacement without being entitled to any extra payment thereof.
16.4.2 Buy the quantity of Stores rejected or other items of similar nature elsewhere at the risk and
cost of the Contractor in accordance with the provisions contained in clause 14.2.1.1 and 14.2.1.2 above without affecting the Contractor's liability as regards the supply of any further consignment(s) due under the Contract, if the said Contract has not been cancelled or
16.4.3 Terminate the total contract or portion thereof at the risk and cost of the Contractor and
recover damages from the Contractor on that account. 16.5 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.
16.6 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. 17 RECOVERY OF SUMS DUE
17.1 Whenever any claim for the payment of loss or damage 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 any payment due under the Contract. In the event of this amount being insufficient, then the amount of damages or loss shall be recoverable from the payment that 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 amount due. Similarly if the Purchaser has made any claim 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 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 this Contract.
17.2 Demurrage / Wharfage
All demurrage, wharfage and allied expenses incurred by the Purchaser, if any, due to delayed clearance of Stores in view of non-receipt, incomplete or delayed receipt of documents by the Purchaser, shall be recovered from the payment due to the Contractor.
18 MODES OF PAYMENT
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Unless otherwise agreed, the Purchaser will make payment directly to the Contractor as per the Contract at Project/Station by cheque payable locally or at Mumbai. The Purchaser will release payment due to the Contractor within 30 (thirty) days provided the Contractor submits the invoice (s) and other accompanying documents that are complete and acceptable in all respects.
19 TERMS OF PAYMENT
19.1 For supply of Stores, Purchaser's normal terms of payment shall be ninety five (95%) percent of the Contract value, and hundred (100%) percent of the Sales Tax, duties on delivery of the Stores at the Project Site/Consignee Stores as indicated in the Contract. The Stores shall be despatched only after the Inspector has issued a Shipping Release [acceptance as stipulated in 2.14 (a) ] on satisfactory completion of inspection. Balance five (5%) percent of the Contract value shall be paid as per clause No. 19.1.2. The details are as under:
19.1.1 Ninety five (95%) percent payment of the Contract value including taxes, duties and levies in full shall be released on receipt of the following documents as applicable:
19.1.1.1 Invoice in triplicate
19.1.1.2 Proof of Receipt by the Consignee in the form of Receipted LR or Receipted Delivery Challan in original.
19.1.1.3 Shipping release in original issued by the Inspector signed in ink and with Inspector's seal or with NPCIL Logo [Refer 2.14 (a)].
19.1.1.4 Proof of payment of Excise duty as per prevailing instructions issued by the Excise Authorities.
19.1.1.5 Statement endorsed on Shipping Release by the Inspector for having received one set of Test Certificates.
19.1.1.6 Certificate towards Excise Duty (where claimed separately) and Sales Tax as per Appendix A & B.
19.1.2 Balance five (5%) percent of the Contract value shall be released on acceptance of the
Stores at Site [Refer 2.14 (b)] after inspection and issue of Site Stores Inspection Report / Receipt voucher by the consignee. Normally seventy five (75) days will be allowed for inspection and acceptance after receipt of the Stores. The Contractor shall submit the following documents as applicable:
19.1.2.1 Invoice in triplicate
19.1.2.2 Free issue material account accepted by the Purchaser's Engineer. This shall be based on the approved cutting diagram or other approval by the Purchaser's Engineer (where applicable).
19.1.2.3 Receipted delivery challan for return of balance and scrap material to Purchaser's Stores (where applicable).
19.2 For Supply of plant/equipments/machinery/instruments including erection and commissioning. Purchaser’s normal terms of payment shall be ninety five (95%) percent of
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the Contract value for supply on delivery at Project Site/Consignee as indicated in the Contract. The Stores shall be despatched only after Inspector has issued a Shipping Release on satisfactory completion of inspection [Refer 2.14 (a)] and as further detailed in 19.2.1. Balance 5% (five) percent shall be paid as per clause no. 19.2.2. The details are as under:
19.2.1 Ninety five (95%) percent of the contract value including taxes, duties and levies of each
consignment shall be released on receipt of the following documents. (Detail of consignment as indicated in the Contract).
19.2.1.1 Invoice in triplicate.
19.2.1.2 Proof of receipt by the consignee in the form of receipted LR or receipted delivery challan in original.
19.2.1.3 Shipping Release in original issued by the Inspector signed in ink and with Inspector's seal or with NPCIL Logo [Refer 2.14 (a)].
19.2.1.4 Proof of payment of Excise Duty as per prevailing instructions issued by the Excise Authorities.
19.2.1.5 Certificate towards Excise Duty (where claimed separately), Sales Tax and Service Tax as per Appendix A, B & C.
19.2.2 Five (5%) percent of the Contract value for supply plus one hundred (100%) percent of the
cost of erection and commissioning, on acceptance of the plant / equipment / machinery / instruments at Site after satisfactory commissioning [Refer 2.14 (c)]. Unless otherwise stated the Equipment, Machinery and Instruments shall be accepted within Seventy Five (75) days from the date of satisfactory commissioning of the Stores at Purchaser’s Site. The Contractor shall submit the following documents as applicable:
19.2.2.1 Invoice in triplicate
19.2.2.2 Certificate of inspection, testing and acceptance of the plant by the Purchaser
20 SUPPLY OF FREE ISSUE MATERIAL (FIM)
20.1 For certain Fabrication Contracts, if specified in the tender, the Purchaser shall provide Free Issue Material (FIM) to Contractor, as per quantities/sizes along with costs of such material mentioned in the tender.
20.2 The Contractor shall submit cutting diagram or appropriate proposal for optimal utilisation of the FIM along with the Bid. The cutting diagram or such proposal as approved by the Purchaser's Engineer shall form a part of the Contract.
20.3 Unless otherwise specially mentioned in the Contract, on issue of the Contract, the Contractor shall be advised to collect the FIM from the Purchaser's Stores Unit 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:
INSURED: Name and address of the Contractor
BENEFICIARY: Nuclear Power Corporation of India Limited, acting through Executive Director, Directorate of Contracts and Materials
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Management or any other officials authorised by NPCIL, ..................(address)
RISKS COVERED: Any loss or damage to the Purchaser's material due to fire, riot, burglary, strike, theft, civil commotion and any damages arising out of external sources such as damages due to the materials falling on Purchaser's materials.
20.4 The Contractor shall indemnify the Purchaser and keep 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-A shall be executed by the Contractor.
20.5 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 remain 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.
21.6 The Insurance Policy with the details indicated at clause no.20.3 shall be furnished by the Contractor to the Purchaser for acceptance. On acceptance of the Insurance Policy by the Purchaser, the Contractor shall lift the FIM from Purchaser's Stores at his own cost. The FIM may be supplied by the Purchaser either in one lot or in a phased manner at the sole discretion of the Purchaser.
20.7 On completion of fabrication, 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 Purchaser's Engineer before the Contractor is allowed to return the balance material to Purchaser's Stores against such authorisation in writing.
20.8 The FIM account, accepted by the Purchaser's Engineer along with 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 as per clause no. 19.1.2.2.
20.9 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.
20.10 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.
21 EXERCISING THE RIGHTS AND POWERS OF THE PURCHASER 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
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Director, Directorate of Contracts and Materials Management or other officers authorised by him for and on behalf of the Purchaser.
22 INDEMNITY
The Contractor shall at all times indemnify the Purchaser against all claims which may be made in respect of Stores against infringement of any right protected by Patent Registration and Law of Designs or Trade Marks and shall indemnify any risk of accidents or damage to the Stores and continue to indemnify the Purchaser against all patent and latent defects till the satisfactory completion of the warranty period.
22.1 Right of Recourse under Civil Liability for Nuclear Damages Act 2010 & Rule 2011
thereof;
(a) The Purchaser shall have Right to Recourse against the supplier 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 Supplier’s liability shall be to the extent of the Operator’s liability under sub-section(2) of Section 6 of the Act or the value of the contract, whichever is less,
AND The duration of Supplier’s liability shall be limited to duration of initial license issued by
AERB or the product liability period, whichever is longer. (b) The term “supplier” and the duration and extent of supplier’s liability are explained in Rule
24 of the Civil Liability for Nuclear Damage (CLND) Rules, 2011. For any questions relating to supplier’s liability under section 17 of the Civil Liability for Nuclear Damage (CLND) Act, 2010, Government of India’s clarifications dated February 08, 2015 may be referred to. These have been posted at the websites of Ministry of External Affairs and the Department of Atomic Energy under the title “Frequently Asked Questions and Answers on Civil Liability for Nuclear Damage Act 2010 and Related Issues”.
(c) In regard to contracts with manufacturers of or vendors for supply of systems, equipment, components, or building of structures, or provision of services to nuclear installations which are operating or are under construction or those to be installed in future for which NPCIL is the system designer and technology owner, being responsible for safety design of such installations, NPCIL shall assume the role of supplier in accordance with the explanation of the term “supplier” given in Rule 24 of the CLND Rules, 2011 and in the context of section 17(a) and (b) of the CLND Act, 2010.
(d) Other suppliers can avail the Nuclear Suppliers’ Special Contingency (Against Right of Recourse) Insurance Policy provided by the India Nuclear Insurance Pool to cover any liability exposure under section 17(a) and (b) of the CLND Act, 2010. NPCIL maintains the operator’s statutory insurance under the CLND Act, 2010 by subscribing to the Nuclear Operator’s Liability Policy offered by the India Nuclear Insurance pool, thereby subrogating to the India Nuclear Insurance pool the operator’s “right of recourse” against suppliers under section 17(a) & (b) of the CLND Act, 2010.
23 ARBITRATION
23.1 Notwithstanding anything contained in this Contract, all questions, disputes or differences 15
whatsoever, between the parties to the Contract, arising out of or relating to the construction, meaning and operation or interpretation of provision of the Contract or matters related thereto, whether during the currency of the Contract, or its failure or after the completion of the Contract, shall be settled by sole arbitrator to be nominated and appointed by the Chairman & Managing Director of the Purchaser. It will not be an objection that the arbitrator is an employee of the Purchaser and that he had to deal with matters related to the Contract or that in the course of his duties as an employee of the Purchaser had expressed views on all or any other matters in question, dispute or difference. The award of the arbitrator shall be final and binding on the parties to the Contract. In an arbitration invoked at the instance of either party to the contract, the arbitrator would be free to consider the counter claim of the other party even though they are not mentioned in the reference to arbitration.
23.2 The provisions of The Arbitration & Conciliation Act, 1996, and Rules made thereunder
and/or any statutory modifications or re-enactment thereof for the time being in force shall apply to such arbitration proceedings.
23.3 Notwithstanding the commencement or continuance of the arbitration, the parties shall
continue performance of the Contract with due diligence.
24 PERMITS AND LICENCES
The Contractor shall secure and pay for all permits and licenses which he may require to comply with in respect of all laws, ordinances and regulations of the Government or Public Authorities in connection with the performance of his obligations under the Contract. The Contractor shall be responsible for all damages and shall indemnify and save the Purchaser harmless from and against all claims for damages and liability, which may arise due to his failure to comply with what is stated above.
25 INSPECTION AND ACCEPTANCE TESTS
25.1 All tests necessary to ensure that the Stores comply with the particulars and guarantees shall be carried out at such place or places as may be determined by the Inspector. Should however, it be necessary for the acceptance tests as to performance or Guarantees to be held over until the Stores is erected at Site such tests shall be carried out within thirty (30) days of completion of erection of the Stores.
26 TITLE TO THE PLANT /EQUIPMENT / MACHINERY / INSTRUMENTS
In addition to other remedies under the law and the Contract, the Purchaser shall be the owner of each consignment in respect of which ninety five (95%) percent of the Contract price has been paid, to secure refund of such amount in the event the same becomes refundable under the terms of the Contract or under the law and to secure payment of any dues under other Contract or under the law. The responsibility for safe and proper storage replacement of defective or lost equipment and erection of the plant / equipment / machinery / instruments prior to its acceptance by the Purchaser shall always remain with the Contractor.
27 TRAINING
The Contractor shall, if required by the Purchaser, provide facilities for the practical 16
training of Purchaser’s engineering or technical personnel for their active association no the manufacturing processes throughout the manufacturing period of the Contract/Stores, number of such personnel to be mutually agreed upon.
28 OPERATION / INSTRUCTION MANUAL
Where Operation/Instruction Manual is essential to enable the Purchaser to put the Stores to proper use, the Contractor shall furnish such Operation/Instruction Manual along with the Stores.
29 LAW GOVERNING THE CONTRACT
The contract shall be construed and shall be governed by the laws of India for the time being in force and the Contractor shall be required to comply with all the applicable laws with regard to performance of the Contract.
30 JURISDICTION
The courts within the local limits of the place from which the Contract is awarded shall have exclusive jurisdiction to deal with and decide all disputes arising out of related Contract.
31 SECRECY
31.1 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.
31.2 The Contractor shall use his best endeavor to ensure that such information is 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.
* * * * * * * * * *
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ANNEXURE – A
FORMAT OF INDEMNITY BOND AGAINST FREE ISSUE MATERIALS (FIM) TO BE EXECUTED ON A NON-JUDICIAL STAMP PAPER VALUED AT RS.
INDEMNITY BOND
This Indemnity Bond made this_____day of______between M/s_________________________having its registered office at______________hereinafter referred to as “The Contractor” which expression shall include its successors 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) ________________________________________ hereinafter referred to as “The Purchaser”, which expression shall include its successors and assigns, on other part. Whereas the Nuclear Power Corporation of India Limited has placed a Purchase Order/Contract No.__________________________________________ dated ________ hereinafter referred to as “Purchase Order” on the Contractor and the Contractor has 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 account as approved by the Purchaser’s engineer is/are returned to the Purchaser.
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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.
For (Contractor’s Name)
* * *
19
APPENDIX-A
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.
APPENDIX-B
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) claimed are not exempted
from payment of Sales Tax (Central or State) 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 __________________________.
20
APPENDIX – C
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.
4. We hereby confirm that Service Tax has been remitted/will be remitted in accordance with the Service Tax Rules.
Signature of Contractor or their Authorised Representative
21
SPT/IND
SPECIAL COMMERCIAL TERMS AND CONDITIONS
SPECIAL COMMERCIAL TERMS AND CONDITIONS
1.0 Fiscal Concessions for Nuclear Power Projects (NPPs)
1.1 (a) Nuclear Power Project of capacity 440 MW or more have been notified by GOI for eligibility
towards fiscal concessions. As such the goods required for setting up these projects are
subject to „NIL‟ Customs duty as per the extant policy of Government of India (vide Customs
Notification No. 50/2017 dated 30-6-2017 at Sr. No. 602). In consideration of the aforesaid
Fiscal Benefits, no customs duty on goods shall, therefore, be payable/ reimbursable by the
Purchaser to the Contractor. Similarly, as per the paragraph 7.02 (h) of Foreign Trade Policy
2015-2020 of Government of India, Domestic Contractors supplying goods for these projects
under the procedures of National competitive bidding or International Competitive bidding
shall be eligible for benefits of „Deemed Export‟ under paragraph 7.03 (a) relating to
advance authorisation and 7.03 (b) relating to deemed export draw back of the Policy and
paragraphs 7.02(d), 7.03(g) and 7.05(b) of Hand Book of Procedures issued by the Director
General of Foreign Trade, Department of Commerce, Ministry of Commerce and Industry,
Government of India (DGFT Trade Notice Number – 11/2018 dated 30.06.2017). In
consideration of the aforesaid Fiscal Benefits, no customs duty on goods shall, therefore, be
payable/ reimbursable by the Purchaser to the Contractor.
1.1(b) The bidders are solely responsible for adherence and compliance with the necessary
processes, procedures and documentation as may be stipulated by the concerned Statutory
Authorities connected in respect of availing such fiscal benefits. 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.
1.1(c) In the event of subsequent denial of the above benefits prevailing as on the last date of
submission of the bid, by the designated authorities to the Contractor, either on the basis of
interpretation of the provisions of such benefits or due to change in law, such indirect taxes
will be reimbursable by the Purchaser at actual rates for the supplies made within the
Contractual Delivery Dates or extended Contractual Delivery Dates due to reasons
attributable to the Purchaser/Force Majeure. And for the supplies that are made beyond the
Contractual Delivery Date due to reasons attributable to Contractor, the reimbursement of
taxes shall be made by the Purchaser limiting to the rates prevailing on the Contractual
Delivery Date.
1.2 Bid Format
Bidders are required to submit their quotation as below:
1.2.1 Items and materials supplied from abroad
o To quote for the items and materials to be supplied from abroad on FOB port of
shipment basis. These Prices shall remain firm throughout the currency of the contract
which should specifically be confirmed by the tenderers.
o 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 inclusive of taxes and duties applicable in India. Further IGST
applicable on Imported finished goods shall also be indicated separately to be paid by
contractor for reimbursement by NPCIL.
o Marine Insurance and Ocean freight to be shown separately.
1.2.2 Items and materials to be supplied from indigenous sources
o To quote for items and materials to be supplied from indigenous sources on Free and
Safe Delivery at Purchaser‟s Site basis, inclusive of Packing, Forwarding,
Transportation and Transit Insurance & including GST and other indirect taxes and
duties. These Prices shall remain firm throughout the currency of the contract which
should specifically be confirmed by the tenderers.
1.2.3 Indirect Taxes and Duties
a) The Bid prices shall be inclusive of Goods and Services Tax (GST) and any other Indian
Indirect Taxes payable in India for the final product / services.
b) The Contractor shall bear all non-Indian taxes, duties, levies etc. payable upto FOB in
respect of sourcing items from abroad.
c) Contractor shall be responsible for payment of all Indian Taxes, Duties including IGST on
imports and all other statutory levies as applicable in connection with supply of the Stores.
The prices FOR shall be inclusive of all Taxes, Duties and other Statutory levies payable
under the law of the Land. The Contractor shall however take into account Fiscal
Concessions available to the subject contract as detailed in the below mentioned paras and
pass on the benefit to the Purchaser. GST and all other indirect taxes, duties are also not
reimbursable separately on Price Adjustment for price portion, as base price is inclusive of all
Taxes and Duties as applicable.
d) In case of increase in existing taxes/ duties and 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.
e) 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
the submissions of necessary documentary evidence. No increase / new tax shall be payable
during the delay period due to reasons attributable to the Contractor.
f) The bidders are required to examine the provisions of The Central Goods and Services Tax
Act 2017 (CGST), The Integrated Goods and Services Tax Act 2017 (IGST), The relevant
SGST act of the State Government, The Union Territories Goods and Services Tax Act
2017(UTGST) and The Goods and Services Compensation to States Tax Act 2017 and their
Rules as being enacted and amended from time to time. The bidders are required to take into
account all input tax credits and the exemptions available therein while furnishing their bids.
g) GST as applicable or quoted, whichever is lower will be reimbursed by Purchaser limiting
to the rate prevailing within the contractual delivery schedule.
h) Towards invoicing for the GST, Bidders are required to take note of the following &
comply accordingly.
i) Bidders are required to provide their GST Registration numbers, the HSN code of the
goods/SA Code for services and the applicable rate of GST as in the Commercial Terms and
Conditions of the e-bid submitted.
j) While claiming the GST the Tenderers are required to adhere to the provisions available
therein. The Contractors are required to populate the details of GST paid by them in the GST
portal, only upon which reimbursement of GST would be considered.
k) Please note that in case any refund/credit to GST if granted to Tenderers by GST
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 GST
originally paid for the stores supplied under the contract.
l) When GST is claimed by the Contractor / supplier in general the certificate as per
Appendix A should be submitted to the paying authority with their invoices.
1.2.4 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.
1.2.5 Indirect Tax-Tax deduction at source
a) The Purchaser shall, at the time of its payments due to the Contractor, withhold the
necessary tax at source at such rate if required under the 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) In case of such deductions as mentioned above, 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.
1.3 Bid Currency
Bidders are allowed to quote in the following currencies:
1.3.1 Items and materials supplied from abroad
Prices quoted shall be in the currency of the country of origin or in US Dollars/UK
Pounds/EURO. Bids linking the quoted currency with some other currency are liable to
be ignored.
Local transportation and other services including Ocean freight, Marine insurance,
Customs clearance, Port handling, Transit Insurance charges etc. in India in Indian
Rupees.
1.3.2 Items and materials to be supplied from indigenous sources
Items and materials to be supplied from Indigenous sources in Indian Rupees.
1.4 Bid Evaluation
1.4.1 e-Bid evaluation will be done based on the total of Summary Prices which are inclusive
of GST and all other indirect taxes and duties for supply of items and site work portion as
per 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-bid. If the day seven days prior to due date of
submission of 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 mentioned, 11% of FOB prices will be considered towards ocean/air freight and
marine insurance to arrive at CIF prices. For local transportation and other services
including customs clearance charges, port handling, inland transit insurance etc., in India
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. Applicable IGST if not quoted will be loaded to
arrive at the final price for the purpose of evaluation in case of unregistered parties.
1.4.2 For Tender where Fiscal Concessions as per SCC are available/ applicable, the following
shall apply:
(a) For evaluation and comparison of bids, a price preference at 15% would be given to
the domestically manufactured capital goods. For this purpose, the bid price of the
bidders would be increased by 15% of all such CIF components contained in their
price 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 bid. If the day seven days
prior to due date of submission of bid happens to be a holiday, the exchange rate of
next working day will be considered.
(b) Further the charges for expatriate supervision for erection and commissioning quoted
in foreign currency will not be loaded by 15%.
(c) IGST applicable on the import of finished goods which are to be delivered directly to
the Purchaser‟s site from the port of import shall be indicated by the Bidder. This
IGST will be considered for the purpose of evaluation of the bids.
2.0 INSURANCE
2.1 The Contractor shall, “at his own cost”, take out and maintain in effect the following
Insurance based on reinstatement value during the performance of the contract and the
Purchaser shall be named as co-insured under all insurance policies. All Insurer‟s rights
of subrogation against 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
form of policies shall be subject to the approval of the Purchaser.
Cargo Insurance
During Ocean transit and Inland transportation, covering loss or damage as per ICC –
clause – „A‟ with War/SRCC provisions, for full replacement value of the
consignment/cargo from the Contractor‟s or Sub-contractor‟s works or Stores until
arrival at Purchaser‟s project site.
3.0 CONTRACTOR'S LIABILITY / RESPONSIBILITY REGARDING DESPATCH /
DELIVERY
The following clause shall supplement / amend General Conditions of Contract (GCC) –
Form No. CMM-22/Rev.5 clause number 12 – CONTRACTOR'S LIABILITY /
RESPONSIBILITY REGARDING DESPATCH / DELIVERY. Wherever there is a conflict
between the two, the provisions in SCC shall prevail over those in the GCC.
12.1 The Contractor shall be responsible for delivery of Stores at the destination specified
by the Purchaser on FOR Site basis.
12.2 Unless otherwise expressly mentioned in the Contract, the Contractor shall pay and
bear all freights and all costs and expenses for transporting the Stores to the place of delivery
specified in the Contract and the price specified in the Contract shall be inclusive of all such
packing, handling, freight, forwarding and transit insurance charges. The Contractor shall
however, indicate the percentage of applicable GST.
12.3 Deleted
12.4 Deleted
4.0 FORCE MAJEURE
The following clause shall supplement / amend General Conditions of Contract (GCC) –
Form No. CMM-22/Rev.5 clause number 15.2 – FORCE MAJEURE. Wherever there is a
conflict between the two, the provisions in SCC shall prevail over those in the GCC.
15.2 Provided that Parties shall not be liable for delays in performing its obligations
resulting from any force majeure cause as referred to / or defined above. The date of
completion will, subject to hereinafter provided, be extended by a reasonable time even
though such cause may occur after Contractor's performance of his obligations has been
delayed for other cause.
5.0 TERMS OF PAYMENT
The following clause shall supplement / amend General Conditions of Contract (GCC) –
Form No. CMM-22/Rev.5 clause number 19 – Terms of payment. Wherever there is a
conflict between the two, the provisions in SCC shall prevail over those in the GCC.
19.1 For supply of Stores, Purchaser's normal terms of payment shall be ninety five (95%)
percent of FOR (inclusive of taxes and duties)/ FOB (along with applicable taxes and duties)
value, on delivery of the Stores at the Project Site/Consignee Stores as indicated in the
Contract. The Stores shall be despatched only after the Inspector has issued a Shipping
Release [acceptance as stipulated in 2.14 (a)] on satisfactory completion of inspection.
Balance five (5%) percent of FOR (inclusive of taxes and duties)/ FOB (along with applicable
taxes and duties) value shall be paid as per clause No. 19.1.2.
The details are as under:
19.1.1 Ninety five (95%) percent payment of FOR (inclusive of taxes and duties)/ FOB
(along with applicable taxes and duties) value shall be released on receipt of the following
documents as applicable:
19.1.1.1 Invoice in triplicate
19.1.1.2 Proof of Receipt by the Consignee in the form of Receipted LR or Receipted
Delivery Challan in original.
19.1.1.3 Shipping release in original issued by the Inspector signed in ink and with Inspector's
seal or with NPCIL Logo [Refer 2.14 (a)].
19.1.1.4 Statement endorsed on Shipping Release by the Inspector for having received one set
of Test Certificates.
19.1.1.5 Declaration Form for GST as per Appendix A.
19.1.2 Balance five (5%) percent of the FOR (inclusive of taxes and duties)/ FOB (along
with applicable taxes and duties) value shall be released on acceptance of the Stores at Site
[Refer 2.14 (b)] after inspection and issue of Site Stores Inspection Report / Receipt voucher
by the consignee. Normally seventy five (75) days will be allowed for inspection and
acceptance after receipt of the Stores. The Contractor shall submit the following documents
as applicable:
19.1.2.1 Invoice in triplicate
19.1.2.2 Free issue material account accepted by the Purchaser's Engineer. This shall be based
on the approved cutting diagram or other approval by the Purchaser's Engineer (where
applicable).
19.1.2.3 Receipted delivery challan for return of balance and scrap material to Purchaser's
Stores (where applicable).
19.2 For Supply of plant/equipments/machinery /instruments including erection and
commissioning. Purchaser‟s normal terms of payment shall be Ninety five (95%) percent
payment of FOR (inclusive of taxes and duties)/ FOB (along with applicable taxes and duties)
value for supply on delivery at Project Site/Consignee as indicated in the Contract. The Stores
shall be despatched only after Inspector has issued a Shipping Release on satisfactory
completion of inspection [Refer 2.14 (a)] and as further detailed in 19.2.1. Balance 5% (five)
percent of the FOR (inclusive of taxes and duties)/ FOB (along with applicable taxes and
duties) value shall be paid as per clause no. 19.2.2. The details are as under:
19.2.1 Ninety five (95%) percent payment of FOR (inclusive of taxes and duties)/ FOB
(along with applicable taxes and duties) value of each consignment shall be released on
receipt of the following documents. (Detail of consignment as indicated in the Contract).
19.2.1.1 Invoice in triplicate.
19.2.1.2 Proof of receipt by the consignee in the form of receipted LR or receipted delivery
challan in original.
19.2.1.3 Shipping Release in original issued by the Inspector signed in ink and with
Inspector's seal or with NPCIL Logo [Refer 2.14 (a)].
19.2.1.4 Declaration Form for GST as per Appendix A.
19.2.2 Five (5%) percent of the FOR (inclusive of taxes and duties)/ FOB (along with
applicable taxes and duties) value for supply plus one hundred (100%) percent of the cost of
erection and commissioning, on acceptance of the plant / equipment / machinery / instruments
at Site after satisfactory commissioning [Refer 2.14 (c)]. Unless otherwise stated the
Equipment, Machinery and Instruments shall be accepted within Seventy Five (75) days from
the date of satisfactory commissioning of the Stores at Purchaser‟s Site. The Contractor shall
submit the following documents as applicable:
19.2.2.1 Invoice in triplicate
19.2.2.2 Certificate of inspection, testing and acceptance of the plant by the Purchaser
19.3 Full payment will be made within 30 days from the date of receipt and acceptance of the
items at site and submission of requisite documents stipulated in the Contract.
Declaration form for GST (APPENDIX-A) shall be submitted along with bill.
6.0 Quality Surveillance, Inspection, Acceptance and Rejection :
No Pre dispatch inspection is envisaged. However, all the other terms of clause remain
unchanged, as appropriate.
7.0 LIST OF ANNEXURES / APPENDICES
APPENDIX – A : FORMAT FOR “CERTIFICATE TOWARDS EXCISE DUTY” – is
substituted with Appendix A : Declaration Form for GST
APPENDIX – B : FORMAT FOR “CERTIFICATE TOWARDS SALES TAX” -
DELETED
APPENDIX – C : FORMAT FOR “CERTIFICATE TOWARDS SERVICE TAX” -
DELETED
* * * * *
Appendix –A
Declaration Form for GST
The Supplier/Contractors while submitting their bill to the Paying Authority shall
furnish the following certificates:
Certified that: (Please Tick all appropriate boxes)
(a) Certified that the goods and services on which GST has been charged are not exempted under the GST Act or the rules made there under and the amount charged on account of GST on these goods and services are not more than what is payable under the relevant act or the rules there under.
(b) Certified that we have taken into account all input tax credits available under GST and have not loaded the same in the basic price while furnishing their bids.
(c) Certified that in respect of amount of taxes claimed in the bill no claim is pending for refund/or is admissible for refund from any other agency and /or no other tax credit is available in respect of the same. In the event of getting refund in whole or in part of the element of GST claimed from Government, the same shall be passed on the benefit to the Purchaser by remitting the amount equivalent to the amount of refund obtained.
(d) Certified that the GST charged herein the invoices and other details have been populated in GSTR1 of the GSTN portal facilitating input credit to the Purchaser.
(e) Certified that we have complied with the Anti-profiteering measure provisions under CGST/ SGST/UTGST Acts and passed on commensurate reduction of price to the purchaser.
Signature of Contractor or their Authorised Representative with company seal.
SPT/IND
FORM NO. CMM-22A/Rev. 5
TENDER FORM
From
To
The General Manager,
Contracts & Materials Management Group,
Nuclear Power Corporation of India Limited,
Kudankulam Nuclear Power Project
Kudankulam PO, Radhapuram Taluk
Tirunelveli District – 627 106
Dear Sir,
1. I/We have read the „Invitation to Tender‟, „Instructions to Tenderers‟, „General Conditions of
Contracts in FORM NO. CMM-22/Rev.5‟ and ** „Special Commercial Terms and
Conditions‟ as contained in 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.
3. I/We hereby agree to supply the stores, strictly adhering to the General Conditions of the
Contract in FORM NO. CMM-22/Rev.5 and **Special Commercial Terms and Conditions 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 90
(Ninety) days from the due date of this tender.
**Strike out whichever is not applicable.
SPT/IND
Tenderer’s Bid No.:
Dated :
M/s.
Tender No.:
Dated :
Due date :
Upto 11:00 Hrs. IST
FORM NO. CMM-22A/Rev. 5
6. **Deviations to technical specifications are detailed in Annexure-'A' to the tender form and
compliance proposed to General Conditions of the Contract in FORM NO. CMM-22/Rev.5
and Special Commercial Terms and Conditions of the tender documents are detailed in
Annexure-'B' to the tender form.
7. I/We are also uploading herewith all the leaflets/catalogues etc. pertaining to the stores offered.
8. Details of the stores along with prices and the bid terms are indicated 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 General Conditions of Contract in FORM NO. CMM-22/Rev.5 and Special
Commercial Terms and Conditions - Annexure 'B‟
Leaflets/Catalogue uploaded.
SPT/IND
Schedule Of Quantity & Rates- Supply Contracts- Indigenous
Sl. (C0)
Item Description (C1)
HSN/SAC
Code of the item (C2)
Unit (C3)
Quantity
(C4)
Basic Price
(inclusive of P & F charges)
excluding GST (INR)
(C5)
Freight & Insurance excluding GST (C6)
GST IN % on
(C5 & C6) C7
Value inclusive of GST - DAP Destination as per INCOTERMS 2010 C4*(C5+C6)* (1+C7/100) (INR)
Remarks (Specify make / model if any)
1 High pressure Compressed Asbestos Fibre jointing gasket, Size: 1500 mm * 2000 mm *0.5 mm; Maximum Temperature: 440 Deg C, Max Pressure: 80 kgf/cm2; Compliance standard: IS 2712-1998,Grade: O/1.Application Medium : Oil Finish: Green
Nos. 10.00
2 High pressure Compressed Asbestos Fibre jointing gasket, Size: 1500 mm * 2000 mm *2 mm; Maximum Temperature: 440 Deg C, Max Pressure: 80 kgf/cm2; Compliance standard: IS 2712-1998,Grade: O/1,Application Medium: Oil Finish: Green
Nos. 10.00
Notes :
1. DAP as per Incoterms 2010 stands for : The Seller delivers when the goods are placed at
the Buyer's disposal on the arriving means of transport ready for unloading at the names
place of destination. The Seller bears all risks involved in bringing the goods to the named
place.
2. Place of Delivery : CMM Stores, KKNPP, Kudankulam Nuclear Power Project,
Kudankulam - 627 106.
3. All column shall be filled up completely where there are no charges it shall be shown as
zero.
I/We have understood the terms and conditions of the contract as contained in form No. CMM-
22/Rev.5 and have thoroughly examined the specification, drawing and or/pattern quoted or
Tender no. KKNPP/1&2/CMM/SPT/18537 DATED:- As per NIT
Last date for receipt of bids As per NIT
referred to herein and are 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 the subject tender.
Stamp and Signature of Tenderer
Date________________________
STATUS OF SIGNATORY
ANNEXURE B
1.0 Format for submission of Compliance to the General Conditions of Contract governing
supply of stores - CMM-22/Rev.5 & *Special Commercial Terms and Conditions.
1.1 The tenderer shall note that any deviation to above mentioned terms and conditions of
our tender may lead to disqualification of their bid.
1.2 The compliance/confirmation to the specific clauses may please be furnished as per the
format below:
Sr.
No. Item / Description
Bidder’s Compliance
/ Confirmation
A
Acceptance of following clauses under General
Conditions of Contract governing supply of stores-
CMM-22/Rev.5
A-1
Acceptance of Clause No. 3 regarding subletting /
assignment of Contract.
A-2 Acceptance of Warranty as per Clause No. 8.0
A-3 Acceptance of Clause No. 16 regarding Quality
Surveillance, Inspection, Acceptance and Rejection.
A-4 Acceptance of “Terms of Payment” as per Special
Commercial Terms and Conditions.
A-5 Acceptance of Clause No. 23 regarding Arbitration.
A-6 Acceptance of Clause No. 25 regarding Inspection and
Acceptance Tests.
A-7 Acceptance of Clause No. 31 regarding Secrecy.
A-8 Compliance to the remaining clauses of CMM-22/Rev.5
*B
Compliance to the clauses under Special Commercial
Terms and Conditions.
* Strike off if not applicable
SPT/IND
General Compliance
Sl.No Description Bidder’s
Compliance/
Confirmation
1 Certificate / Declaration to be provided by bidder:
“I have read the clause regarding restriction on procurement
from a bidder of a country which shares a land border with
India and on sub-contracting to contractors from such
countries; I certify that this bidder is not from such a
country or, if it is from such a country, has been registered
with the Competent Authority and will not sub-contract any
work to a contractor from such countries unless such
contractor is registered with the Competent Authority. I
hereby certify that this bidder fulfils all requirements in this
regard and is eligible to be considered. (Where applicable,
evidence of valid registration by the Competent Authority
shall be attached.)” as per ITT (Invitation to Tender and
Tendering conditions) Clause no.19.