SUB: IMPLEMENTATION OF BIOMETRIC FACE RECOGNITION

ATTENDANCE SSYTEM FOR SAIL/CET, RANCHI

COMMERCIAL TERMS & CONDITIONS

1.0 PRICE BASIS

1.1 The bidder shall quote their prices inclusive of all charges of materials,
tools & tackles, labour fluctuation in rates and all expenses in connection
with the execution of the entire job as per the Tender Specification
including GST. However, the contractor has to show the amount of taxes,
duties and levies clearly in the bills raised by him.
1.2 Any statutory increase/ decrease in the rates of existing taxes and duties
and/ or imposition of new/ withdrawal of existing taxes and duties within
the contractual completion period shall be to SAIL/CET's account,
calculated with reference to the price tendered and against documentary
proof of such variations. The base date to be considered for such statutory
variations shall be the date of opening of price bid.
1.3 The Contractor shall agree to do all things not limited to providing GST
compliant invoices or other documentation as per GST law relating to the
above mentioned work, payment of taxes, timely filing of valid statutory
returns for the tax period on the Goods and Service Tax Network (GSTN
Portal) etc. that may be necessary to match the invoice on GSTN common
portal and enable SAIL/ CET to claim input tax credit in relation to any GST
payable under this Contract.
1.4 In case the Input Tax Credit of GST is denied or demand is recovered from
SAIL/CET by the Central/ State Authorities on account of any non-
compliance by the Contractor, including non-payment of GST charged and
recovered, the Contractor shall indemnify SAIL/CET in respect of all claims
of tax, penalty and/or interest, loss, damages, costs, expenses and liability
that may arise due to such non-compliance. SAIL/CET at its discretion may
also withheld / recover such disputed amount from the pending payments
of the contractor.
1.5 The Contractor shall maintain high GST compliance rating track record at
any given point of time.
1.6 The Contractor shall comply with all the applicable GST rules, regulation &
provisions as per govt. rules in consultation with CET Finance.
1.7 Tax deduction at source in respect of Income Tax, Sales Tax and other
Statutory Taxes will be made from the bill of the Contractor as per Income
Tax Act and rules issued from time to time.

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 1.8 SAIL/CET will not issue any „Road Permit‟. The materials shall be delivered
by the contractor at his sole responsibility.
1.9 Firm Price: No escalation will be allowed on any account whatsoever and
the prices quoted shall be firm & fixed till the completion of the contract
period except for statutory variations in taxes/duties, if any.
2.0 TERMS OF PAYMENT

2.1 80% will be released to the supplier on delivery, installation, configuration,

testing and commissioning of biometric devices, Time & Attendance
software and enrollment of employee face at SAIL/CET locations (Ranchi,
Bhilai, Bokaro, Durgapur, Rourkela) as per scope of work.
2.2 10% will be released after Successful Performance Guarantee Test.
2.3 10% will be released after submission of installation documents and Final
Acceptance Certificate (FAC).
2.4 Payment shall be made normally within 30 (thirty) days of submission of
Invoices/bills after certification of the Executing Authority through on line
ECS. The invoices/bills shall be submitted in triplicate and payment shall be
released only after due verification and adjustment of penalties (if any)
after making statutory deductions as per rules. For claiming taxes & duties,
the applicable rates, quantum of GST, as applicable should be clearly
mentioned in the invoices.
2.5 Income tax deduction/ statutory deductions as applicable shall be made from
your bills as per Govt. Rules/Acts.
2.6 Income tax and GST as applicable shall be deducted and certificate to this
account shall be sent to the Supplier by CET Finance Department.
3.0 SECURITY DEPOSIT

3.1 On award of work, 5% (five per cent) of the contract value (including
taxes & duties) shall be deposited by the successful bidder within one
month of issue of work order, preferably in the form of online transfer -
NEFT, RTGS, and SWIFT. Details of the account, wherein the security
deposit may be deposited, are given hereunder:

A PARTICULAR OF
BENEFICIARY
SAIL,RESEARCH AND
DEVOLOPMENT CENTRE FOR
1 NAME OF BENEFICIARY
IRON AND STEEL, RANCHI
2 ADDRESS ISPAT BHAWAN, P.O. DORANDA,
RANCHI-834002

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 3 PERMANENT ACCOUNT AAACS7062F
NUMBER(PAN)
4 TELEPHONE NUMBER 0651-2411075
5 MOBILE NUMBER 8986880099
6 E-MAIL ADDRESS finance@sail-rdcis.com
B PARTICULAR OF BANK
1 BANK NAME STATE BANK OF INDIA
2 BANK BRANCH NAME SME BRANCH, RANCHI
3 BANK ADDRESS MECON CAMPUS DURANDA,
RANCHI-834002
4 BANK BRANCH CODE 9620
5 BANK TELEPHONE NUMBER 0651-2482676
6 BANK FAX NUMBER 9651-2482615
7 9 DIGIT MICR CODE NO.OF 834002003
THE BANK BRANCH
8 11 DIGIT NEFT/IFSE CODE SBIN0009620
FOR RTGS OF BENEFICIARY
BANK BRANCH
9 BANK ACCOUNT NUMBER 10923874670
OF BENEFICIARY FOR
ELETRONIC PAYMENT /EFT
/RTGS/NEFT
10 TYPE OF ACCOUNT CASH CREDIT
3.2 The proof of such transfer / transaction needs to be submitted to the
Purchaser, within 2 working days of the transfer/transaction by hard
copy/ electronic transfer, details of which will be communicated in our
work order.

3.3 However, Security Deposit will also be accepted in the form of Demand
Draft / Pay order/ Banker‟s cheque from any Scheduled Commercial
Bank except Co-operative and Gramin Bank in favour of “SAIL, R & D
Organization A/c” payable at Ranchi. Security Deposit in the form of
cheque will not be accepted.

3.4 The security deposit shall be refunded after the expiry of warranty
period without any interest, subject to certification of due performance
of the contract by the executing authority.
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 3.5 Forfeiture of Security Deposit: SAIL/CET shall have full right to forfeit
and appropriate the Security Deposit on breach of any of the Terms &
Conditions of the Contract without prejudice to the rights of SAIL/CET.

4.0 NEGLIGENCE

4.1 If the contractor neglects to execute work with due diligence or

expedition or refuses or neglects to comply with any reasonable order
given to him in writing by SAIL/CET in connection with the work or
contravenes the provisions of Order, SAIL/CET may give notice in writing
to the contractor calling upon him to make good the failure, neglect or
contravention complained of within such time as may be deemed
reasonable by SAIL/CET and in default of compliance with the said
notice, SAIL/CET without prejudice to his rights, may rescind or
terminate the order with one month prior notice holding the contractor
fully liable for the damages that SAIL/CET may sustain and SAIL/CET
shall be free to get the work done through some third party at the risk
and cost of the contractor. In the event of termination of the Contract
SAIL/CET shall only pay to the contractor, the charges for the work
executed by the contractor as of the date of termination, after due
deduction, if any.
5.0 CONCILIATION

5.1 Any disputes, differences, whatsoever, arising between the parties out
of or relating to the construction, meaning, scope, operation or effect of
this Agreement shall be settled between SAIL/CET and the Contractor
amicably. If however, SAIL/CET and the Contractor are not able to
resolve their dispute / differences amicably as aforesaid the said dispute
/ differences shall be settled by Conciliation, failing which, through
Arbitration.
Conciliation shall be resorted to prior to invoking Arbitration. The
Arbitration Clause is to be invoked by the parties to the agreement only
on failure of conciliation proceeding to amicably settle the disputes.
6.0 ARBITRATION

The Arbitration shall be governed in accordance with the Arbitration

and Conciliation Act 1996 with any modifications & re-enactment
thereof (hereafter referred to as the “Act”) of India. The language of
Arbitration shall be English. Subject to the stipulations made
hereinabove, Arbitration shall be conducted as per forum specified
below:

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 The contact shall go for Adhoc Arbitration, where an impartial Arbitrator
would be appointed by the Executive Director of CET and the arbitration
proceedings shall be governed by the Arbitration and Conciliation Act
1996 of India with any amendment thereof.
The arbitral proceedings shall be conducted at Ranchi and this shall be
the sole venue for the arbitral proceedings under the contract.

Work under the contract shall be continued by the contractor during

the Arbitration proceedings and recourse to Arbitration shall not be a
bar to continuance for the work.
7.0 FORCE MAJEURE

7.1 If either party is prevented from the performance of its obligations in

whole or in part for reasons of Force Majeure, viz., acts of God, acts of
Government, acts of public enemy, war, hostility, civil commotion,
sabotages, fire, floods, explosions, epidemics, strike and lawful lock- out,
then provided Notice of happening of any such eventuality is given by
the affected party to the other party within 15 days from the date of
occurrence and cessation of the Force Majeure, the period of Force
Majeure shall be excluded accordingly.
If Force Majeure event(s) continue beyond the period of three months,
the parties shall hold consultation to chalk out the further course of
action.

Neither party can claim any compensation from the other party on
account of Force Majeure.

8.0 TERMINATION

SAIL/CET reserves its right to terminate the contract for any reason at its
absolute discretion including, but not limited to the following –
a) If the Contractor is adjudicated insolvent by a Competent Court or files
for insolvency or the Contractor‟s Company is ordered to be wound up
by a Competent Court.
b) Contractor commits any material breach of the terms of this contract
with SAIL/CET or if found guilty of any malpractice in the performance
of the contract.
c) If any charge-sheet is filed by the competent authority of the
Government against the Contractor or its Company or Contractor is
convicted by a criminal court on grounds of moral turpitude.
d) In the event of unsatisfactory service or failure on the part of the
Contractor or if the Contractor shall neglect to execute the work with
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 due diligence or expedition or shall refuse or neglect to comply with any
reasonable order given to him by SAIL/CET in connection with work or
shall contravene the provisions of the contract, SAIL/CET shall have the
option to declare the contract as cancelled with one month prior notice
and may get the work executed by any alternate sources at the
Contractor‟s risk and cost. In such an event the Contractor shall have no
claims whatsoever against SAIL/CET in consequence of such termination
of the contract. The decision of SAIL/CET in terminating the contract will
be final and binding on the Contractor.

9.0 APPLICABLE LAW & JURISDICTION

9.1 The Contract between SAIL/CET and the Contractor shall be governed
by and interpreted in accordance with the Laws of India.
9.2 The District Court located in the district of Ranchi shall have the
exclusive jurisdiction upon any matter arising out of this contract.
10.0 ASSIGNMENT

10.1 The Contractor shall not assign the Contract or any part thereof or any
benefit or interest therein or thereunder without the prior written
consent of SAIL/CET.
11.0 SUB-LETTING

11.1 The Contractor shall not sublet any part of the Work except where
otherwise provided by the Contract, the Contractor shall also not sublet
any part of the Work without the written consent of SAIL/CET and such
consent shall not relieve the Contractor from its responsibility, liability or
obligation under the Contract and he shall be responsible for the acts,
defaults or neglects of any Sub-Contractor, his agents, servants or
workmen as fully as if they were the acts, defaults or neglects of the
Contractor, his agents, servants or workmen, provided always that the
obtaining labour on a piece work basis shall not be deemed to be
subletting under this clause.
12.0 RISK & COST

If on placement of order, the contractor fails to execute the work within

prescribed completion period, the employer shall have the right to get
the job done from any other party at the risk and cost of the Contractor.

13.0 ACCIDENT OR INJURY TO WORKMEN

13.1 SAIL/CET shall not be liable for or in respect of any damages or

compensation payable as per law in respect of and in consequences of

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 any accident or injury to any workman or any other person in the
employment of the Contractor save and except for accident or injury
resulting from any act or default of SAIL/CET, its representative or
servant. The Contractor shall indemnify and keep indemnified SAIL/CET
against all such damages and compensation (save & except as
aforesaid) as against all claims demands, proceedings, costs, charges
and expenses whatsoever in respect or in relation thereto.
14.0 COMPLIANCE WITH STATUTES, REGULATIONS ETC.

14.1 The Contractor shall conform in all respect with the provision of any
such statute, Ordinance or law as aforesaid and the Rules, Regulations
or Bye-Laws of any local or other duly constituted authority which may
be applicable to the works or to any temporary works and with such
rules and regulations of public bodies as aforesaid and shall keep
SAIL/CET indemnified against all such penalties and liability of every
kind for breach of any Statute, Ordinance, Law, Rule, Regulation, Bye-
Law, etc.
15.0 SUSPENSION OF WORK

The Contractor shall on the written order of the Executing Authority

suspend the progress of the works or any part thereof for such time or
times and in such manner the Executing Authority may consider
necessary.
16.0 MISCELLANEOUS

16.1 Gate pass: For issue of gate passes, requisite applications shall be
submitted to SAIL/CET.
16.2 Accommodation:
No accommodation (houses or otherwise) will be provided by SAIL/CET
for the Contractor or his staff. The contractor shall make his own
arrangement for this.
16.3 SAIL/CET shall at his discretion have right to issue passes, as per rules
and regulation of the installation/area in force, to control and admission
of the Contractor, his agents, employees and work people to the site of
the work or any part thereof. These shall be returned at any time on
demand by SAIL/CET or the authorities concerned and on completion of
work.
16.4 The Contractor and his agents, employees and work people shall
observe all the rules promulgated by the authority controlling the area
in which work is to be carried out e.g. prohibition of smoking and
lighting, fire precautions, search of persons on entry and exit, keeping to
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 specific routes, observing specified timings etc. No extra payment shall
be admissible for any man-hours etc. lost on this account.
16.5 The Contractor shall be fully responsible for the safety of his workmen &
employees. He shall follow all instructions and direction that the Safety
Engineering Department of SAIL may issue from time to time in regard
to the safety measures.
16.6 The Contractor shall be responsible for arranging and obtaining gate
pass for his workmen. The employer will provide necessary assistance to
the Contractor in this regard.
17.0 AMENDMENT

Any amendment to the terms and conditions of this contract, including

the Annexures and the amendments, if any, shall be made in writing by
both the parties hereto and shall specifically state that it is an
amendment to this contract.
18.0 EXECUTING AUTHORITY

GM I/c (C&IT), SAIL/CET, RDCIS Main Building (1st Floor), P.O. Doranda,
Ranchi-834002, Jharkhand or his authorized representative shall be the
Executing Authority for this job. All the Bills pertaining to the work order
shall be submitted to him for processing for release of payment. The
entire work shall be executed in close association and under the
guidance of the Executing Authority.

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