NUCLEAR POWER CORPORATION OF INDIA LTD

[A Government of India Enterprise]

KUDANKULAM NUCLEAR POWER PROJECT

KudankulamPO, Radhapuram Taluk, Tirunelveli District – 627 106, Tamil Nadu.

Phone: 04637‐282289/282199; Fax: 04637‐282197; e‐mail : cmmtenderskk@npcil.co.in

GST IN Number: 33AAACN3154F2ZW
INVITATION TO TENDER

Tender No. KKNPP/1&2/CMM/SPT/ 17653 DATED:- As per NIT

UPTO 11:00 Hrs. IST
Due Date 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.4. Any contract against this tender will be
governed by General Conditions of Contract contained in form No. CMM-22/Rev.4 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.4.

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,

(A.B. Nair)
Senior Manager (Contracts)
For and on behalf of Nuclear Power Corpn. of India Ltd.
(The Purchaser)

*Strike off if not applicable

SPT/IND

1
 NUCLEAR POWER CORPORATION OF INDIA LTD
[A Government of India Enterprise]
KUDANKULAM NUCLEAR POWER PROJECT

KudankulamPO, Radhapuram Taluk, Tirunelveli District – 627 106, Tamil Nadu.

Phone: 04637‐282289/282199, Fax: 04637‐282197, e‐mail : cmmtenderskk@npcil.co.in

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.

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

2
 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.4 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.4 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
3
 (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.

4
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.

5
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.

* Strike off if not applicable

***
SPT/IND

6
 FORM NO. CMM – 22/Rev.4

NUCLEAR POWER CORPORATION OF INDIA LIMITED

(A GOVERNMENT OF INDIA ENTERPRISE)
CONTRACTS AND MATERIALS MANAGEMENT GROUP

GENERAL CONDITIONS OF CONTRACT

GOVERNING SUPPLY OF STORES

APPLICABLE TO THE CONTRACTS FOR

INDIGENOUS STORES PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED

7
 INDEX

LIST OF CONTENTS

CLAUSE PAGE
TITLE
NO. 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
CONTRACTOR'S LIABILITY REGARDING DESPATCH /
12 08
DELIVERY
13 INSURANCE 08
14 DELIVERY SCHEDULE 08
15 FORCE MAJEURE 10
QUALITY SURVEILLANCE, INSPECTION, ACCEPTANCE AND
16 10
REJECTION
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

8
CLAUSE PAGE
TITLE
NO. NO.
TITLE TO THE PLANT / EQUIPMENT / MACHINERY /
26 16
INSTRUMENTS
27 TRAINING 16
28 OPERATION INSTRUCTION MANUAL 17
29 LAW GOVERNING THE CONTRACT 17
30 JURISDICTION 17
31 SECRECY 17

LIST OF ANNEXURES / APPENDICES

FORMAT FOR “INDEMNITY BOND AGAINST FREE ISSUE
ANNEXURE – A :
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”

9
 CMM-22/Rev. 4
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.4) 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.4) 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 Site Director, Contracts & Materials Management (hereinafter called
NPCIL).

2.2 “SITE DIRECTOR", Contracts and Materials Management, shall mean Site 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;

10
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 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.

11
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.

12
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.

13
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.
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
14
 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: -

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.
15
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 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.
16
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 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

17
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

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 Tirunelveli. 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

18
 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 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
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 Site
Director, Contracts and Materials 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
20
 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 Site Director,
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 contractor in accordance with
provisions under Section 17(a) of Civil Liability for Nuclear Damage Act, 2010, with following
limitations, as stipulated in Rule 24 of the Civil Liability for Nuclear Damage Rules, 2011:
The Contractor’s liability shall be to the extent of the Operator’s liability under sub-section(2)
of Section 6 of the Act or the value of the contract, whichever is less,
AND
The duration of Contractor’s liability shall be limited to duration of initial license issued by
21
 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
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
22
 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 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

23
 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.

****
***
**
*

24
 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_______________________(Site 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.

25
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)

***

26
 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 __________________________.

27
 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

28
SPECIAL COMMERCIAL TERMS AND CONDITIONS

SPT/IND
SPECIAL COMMERCIAL TERMS AND CONDITIONS
29
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
30
 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)

31
 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.
32
 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
33
 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.4 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.

34
 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.4 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.4 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.
35
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:

36
 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

*****

37
 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

38
 FORM NO. CMM-22A/Rev. 4

TENDER FORM
From

M/s. Tenderer’s Bid No.:

Dated :

Tender No.:

Dated :

Due date :
To Upto 11:00 Hrs. IST

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.4’ 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.4 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

39
 FORM NO. CMM-22A/Rev. 4

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.4 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.4 and Special
Commercial Terms and Conditions - Annexure 'B’
Leaflets/Catalogue uploaded.

SPT/IND

40
 Schedule Of Quantity & Rates‐ Supply Contracts‐ Indigenous

Tender no. KKNPP/1&2/CMM/SPT/17653 DATED:‐ As per NIT

Last date for receipt of bids As per NIT
Value
Basic inclusive of Remarks
Freight
Price GST ‐ DAP (Specify
&
HSN/SAC (inclusive GST IN % Destination make /
Unit Quantity Insuranc
Sl.No Code of of P & F on as per model if
Item Description (C1) (C2) e
(Co) the item charges) (C5 & INCOTERMS any)
(C3) excludin
(C4) excluding C6) C7 2010
g GST
GST (INR) C3*(C5+C6)*(
(C6)
(C5) 1+C7/100)
(INR)
1 Supply and delivery of street Nos. 20
light analog timer conforming
with EN‐60730/ other relevant
IEC/ Indian standard as per
the following specifications.
1. Type of programming‐
analog
2. Cycle‐ daily
3. Supply failure reserve ‐
200 hrs
4. Number of contacts‐1
5. Type of contacts‐ 1
changeover
6. Shortest switching time‐15
minutes
7. Fixing mode ‐ Din Rail
8. Summer / Winter time
change‐Manual
9. Supply voltage‐230V AC
10. Frequency‐50HZ
11. Rated current ‐16 A.
12.Manual override option :
Available
2 Supply and delivery of 4 Pole , Nos. 10
415 AC, 40A Power contactor
conforming to IEC
60947/other relevent IEC/
Indian standard , Catagory:
AC‐3, Control circuit voltage ‐
220V AC, Auxiliary contact –
1NO + 1 NC.

41
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.4 and have thoroughly examined the specification, drawing and or/pattern quoted or 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

42
 ANNEXURE B

1.0 Format for submission of Compliance to the General Conditions of Contract governing
supply of stores - CMM-22/Rev.4 & *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. Bidder’s Compliance /

Item / Description
No. Confirmation

Acceptance of following clauses under General

Conditions of Contract governing supply of stores-CMM-
A
22/Rev.4

A-1 Acceptance of Clause No. 3 regarding subletting / assignment

of Contract.

A-2 Acceptance of Warranty as per Clause No. 8.0

Acceptance of Clause No. 16 regarding Quality Surveillance,

A-3
Inspection, Acceptance and Rejection.
Acceptance of “Terms of Payment” as per Special
A-4
Commercial Terms and Conditions.
A-5 Acceptance of Clause No. 23 regarding Arbitration.

Acceptance of Clause No. 25 regarding Inspection and

A-6
Acceptance Tests.

A-7 Acceptance of Clause No. 31 regarding Secrecy.

A‐8 Compliance to the remaining clauses of CMM-22/Rev.4

Compliance to the clauses under Special Commercial

Terms and Conditions.
*B

* Strike off if not applicable

SPT/IND

43