GeM Bidding 5164564

Bid Number/बोली मांक ( बड सं या) :
GEM/2023/B/3814101
Dated/ दनांक : 10-08-2023
Bid Document/ बड द तावेज़
Bid Details/ बड ववरण
Bid End Date/Time/ बड बंद होने क तार ख/समय 07-09-2023 11:00:00
Bid Opening Date/Time/ बड खुलने क

07-09-2023 11:30:00
तार ख/समय
Bid Offer Validity (From End Date)/ बड पेशकश

180 (Days)
वैधता (बंद होने क तार ख से)
Ministry/State Name/मं ालय/रा य का नाम Ministry Of Defence
Department Name/ वभाग का नाम Department Of Defence Production
Organisation Name/संगठन का नाम Yantra India Limited
Office Name/कायालय का नाम ***********
Total Quantity/कुल मा ा 7
Supply cost of Bogie Hearth Furnace , Accessories Toolings

and other Essential Items , Packing and forwarding , Freight
Item Category/मद केटे गर
and Insurance , Civil Work , Erection Commissioning and
Testing , Training
10 MT BATCH CAPACITY ELECTRICALLY HEATED SINGLE

BOQ Title/बीओ यू शीषक
ENDED BOGIE HEARTH HEAT TREATMENT FURNACE
Minimum Average Annual Turnover of the

bidder (For 3 Years)/ बडर का यूनतम औसत 152 Lakh (s)
वा षक टनओवर (3 वष का)
MSE Exemption for Turnover/टनओवर के िलए

Yes
एमएसई को छूट ा है
Startup Exemption for Turnover/ टनओवर के

Yes
िलए टाटअप को छूट ा है
Bidder Turnover,Certificate (Requested in ATC),OEM

Authorization Certificate,Additional Doc 1 (Requested in
ATC),Additional Doc 2 (Requested in ATC),Additional Doc 3
(Requested in ATC),Additional Doc 4 (Requested in
Document required from seller/ व े ता से मांगे ATC),Compliance of BoQ specification and supporting
गए द तावेज़ document
*In case any bidder is seeking exemption from Experience /
Turnover Criteria, the supporting documents to prove his
eligibility for exemption must be uploaded for evaluation by
the buyer
Bid to RA enabled/ बड से रवस नीलामी स य कया Yes
RA Qualification Rule H1-Highest Priced Bid Elimination
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Bid Details/ बड ववरण
Type of Bid/ बड का कार Two Packet Bid
Primary product category Supply cost of Bogie Hearth Furnace
Time allowed for Technical Clarifications

during technical evaluation/तकनीक मू यांकन के 5 Days
दौरान तकनीक प ीकरण हे तु अनुमत समय
Inspection Required (By Empanelled

Inspection Authority / Agencies pre- No
registered with GeM)
Evaluation Method/मू यांकन प ित Total value wise evaluation
Financial Document Required/ व ीय द तावेज

Yes
क आव यकता है ।
EMD Detail/ईएमड ववरण
Advisory Bank/एडवाईजर बक State Bank of India
EMD Amount/ईएमड रािश 611744
ePBG Detail/ईपीबीजी ववरण
Advisory Bank/एडवाइजर बक State Bank of India
ePBG Percentage(%)/ईपीबीजी ितशत (%) 5.00
Duration of ePBG required (Months)/ईपीबीजी क

24
अपे त अविध (मह ने).
(a). EMD EXEMPTION: The bidder seeking EMD exemption, must submit the valid supporting document for the
relevant category as per GeM GTC with the bid. Under MSE category, only manufacturers for goods and Service
Providers for Services are eligible for exemption from EMD. Traders are excluded from the purview of this
Policy./जेम क शत के अनुसार ईएमड छूट के इ छुक बडर को संबंिधत केटे गर के िलए बड के साथ वैध समिथत द तावेज़ तुत करने है ।
एमएसई केटे गर के अंतगत केवल व तुओं के िलए विनमाता तथा सेवाओं के िलए सेवा दाता ईएमड से छूट के पा ह। यापा रय को इस नीित के
दायरे से बाहर रखा गया है ।
(b). EMD & Performance security should be in favour of Beneficiary, wherever it is applicable./ईएमड और संपादन
जमानत रािश, जहां यह लागू होती है , लाभाथ के प म होनी चा हए।
Beneficiary/लाभाथ :
METAL AND STEEL FACTORY, A UNIT OF YANTRA INDIA LTD
(Engineering Office), Metal & Steel Factory, A Unit of Yantra India Ltd., Govt. of India Enterprise, Ministry of
Defence, Ishapore, PO-Nawabganj, North- 24 Paraganas, West Bengal (INDIA), PIN- 743144 Ph. 033-25938400 to
8407, Extn: 2303, 2443, 2348 Direct contact No. 033 25938433
(Metal And Steel Factory, A Unit Of Yantra India Ltd)
Splitting/ वभाजन
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Bid splitting not applied/बोली वभाजन लागू नह ं कया गया.
MII Purchase Preference/एमआईआई खर द वर यता
MII Purchase Preference/एमआईआई खर द वर यता Yes
MSE Purchase Preference/एमएसई खर द वर यता
MSE Purchase Preference/एमएसई खर द वर यता Yes
1. If the bidder is a Micro or Small Enterprise as per latest definitions under MSME rules, the bidder shall be
exempted from the requirement of "Bidder Turnover" criteria and "Experience Criteria" subject to meeting of
quality and technical specifications. If the bidder is OEM of the offered products, it would be exempted from the
"OEM Average Turnover" criteria also subject to meeting of quality and technical specifications. In case any
bidder is seeking exemption from Turnover / Experience Criteria, the supporting documents to prove his eligibility
for exemption must be uploaded for evaluation by the buyer.
2. If the bidder is a Startup, the bidder shall be exempted from the requirement of "Bidder Turnover" criteria and
"Experience Criteria" subject to their meeting of quality and technical specifications. If the bidder is OEM of the
offered products, it would be exempted from the "OEM Average Turnover" criteria also subject to meeting of
quality and technical specifications. In case any bidder is seeking exemption from Turnover / Experience Criteria,
the supporting documents to prove his eligibility for exemption must be uploaded for evaluation by the buyer.
3. The minimum average annual financial turnover of the bidder during the last three years, ending on 31st
March of the previous financial year, should be as indicated above in the bid document. Documentary evidence in
the form of certified Audited Balance Sheets of relevant periods or a certificate from the Chartered Accountant /
Cost Accountant indicating the turnover details for the relevant period shall be uploaded with the bid. In case the
date of constitution / incorporation of the bidder is less than 3-year-old, the average turnover in respect of the
completed financial years after the date of constitution shall be taken into account for this criteria.
4. Preference to Make In India products (For bids < 200 Crore):Preference shall be given to Class 1 local supplier
as defined in public procurement (Preference to Make in India), Order 2017 as amended from time to time and its
subsequent Orders/Notifications issued by concerned Nodal Ministry for specific Goods/Products. The minimum
local content to qualify as a Class 1 local supplier is denoted in the bid document. If the bidder wants to avail the
Purchase preference, the bidder must upload a certificate from the OEM regarding the percentage of the local
content and the details of locations at which the local value addition is made along with their bid, failing which
no purchase preference shall be granted. In case the bid value is more than Rs 10 Crore, the declaration relating
to percentage of local content shall be certified by the statutory auditor or cost auditor, if the OEM is a company
and by a practicing cost accountant or a chartered accountant for OEMs other than companies as per the Public
Procurement (preference to Make-in -India) order 2017 dated 04.06.2020. Only Class-I and Class-II Local suppliers
as per MII order dated 4.6.2020 will be eligible to bid. Non - Local suppliers as per MII order dated 04.06.2020 are
not eligible to participate. However, eligible micro and small enterprises will be allowed to participate .The
buyers are advised to refer the OM No.F.1/4/2021-PPD dated 18.05.2023.
OM_No.1_4_2021_PPD_dated_18.05.2023 for compliance of Concurrent application of Public Procurement Policy
for Micro and Small Enterprises Order, 2012 and Public Procurement (Preference to Make in India) Order, 2017.
5. Purchase preference to Micro and Small Enterprises (MSEs): Purchase preference will be given to MSEs as
defined in Public Procurement Policy for Micro and Small Enterprises (MSEs) Order, 2012 dated 23.03.2012 issued
by Ministry of Micro, Small and Medium Enterprises and its subsequent Orders/Notifications issued by concerned
Ministry. If the bidder wants to avail the Purchase preference, the bidder must be the manufacturer of the offered
product in case of bid for supply of goods. Traders are excluded from the purview of Public Procurement Policy for
Micro and Small Enterprises. In respect of bid for Services, the bidder must be the Service provider of the offered
Service. Relevant documentary evidence in this regard shall be uploaded along with the bid in respect of the
offered product or service. If L-1 is not an MSE and MSE Seller (s) has/have quoted price within L-1+ 15%
(Selected by Buyer)of margin of purchase preference /price band defined in relevant policy, such Seller shall be
given opportunity to match L-1 price and contract will be awarded for 25%(selected by Buyer) percentage of
total QUANTITY.The buyers are advised to refer the OM No.F.1/4/2021-PPD dated 18.05.2023
OM_No.1_4_2021_PPD_dated_18.05.2023 for compliance of Concurrent application of Public Procurement Policy
for Micro and Small Enterprises Order, 2012 and Public Procurement (Preference to Make in India) Order, 2017.
6. Estimated Bid Value indicated above is being declared solely for the purpose of guidance on EMD amount and
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for determining the Eligibility Criteria related to Turn Over, Past Performance and Project / Past Experience etc.
This has no relevance or bearing on the price to be quoted by the bidders and is also not going to have any
impact on bid participation. Also this is not going to be used as a criteria in determining reasonableness of
quoted prices which would be determined by the buyer based on its own assessment of reasonableness and
based on competitive prices received in Bid / RA process.
7. Reverse Auction would be conducted amongst all the technically qualified bidders except the Highest quoting
bidder. The technically qualified Highest Quoting bidder will not be allowed to participate in RA. However, H-1
will also be allowed to participate in RA in following cases:
i. If number of technically qualified bidders are only 2 or 3.

ii. If Buyer has chosen to split the bid amongst N sellers, and H1 bid is coming within N.
iii. In case Primary product of only one OEM is left in contention for participation in RA on elimination of H-1.
iv. If L-1 is non-MSE and H-1 is eligible MSE and H-1 price is coming within price band of 15% of Non-MSE L-1
v. If L-1 is non-MII and H-1 is eligible MII and H-1 price is coming within price band of 20% of Non-MII L-1
Supply Cost Of Bogie Hearth Furnace

(Minimum 50% and 20% Local Content required for qualifying as Class 1 and Class 2 Local Supplier
respectively/ मशः ण
े ी 1 और ण
े ी 2 के थानीय आपूितकता के प म अहता ा करने के िलए आव यक)
Technical Specifications/तकनीक विश याँ
Specification Document View File
BOQ Detail Document View File
Advisory-Please refer attached BOQ document for detailed consignee list and delivery period.
Consignees/Reporting Officer/परे षती/ रपो टग अिधकार and/ तथा Quantity/मा ा
Consignee
S.No./ . Reporting/Officer/ Delivery Days/ डलीवर के
परे षती/ रपो टग Address/पता Quantity/मा ा
सं. दन
अिधकार
***********NORTH 24
1 *********** 1 180
PARAGANAS
Accessories Toolings And Other Essential Items

4 / 44
Consignee
सं. दन
अिधकार
***********NORTH 24
1 *********** 1 180
PARAGANAS
Packing And Forwarding

Consignee
सं. दन
अिधकार
***********NORTH 24
1 *********** 1 180
PARAGANAS
Freight And Insurance
5 / 44
Consignee
सं. दन
अिधकार
***********NORTH 24
1 *********** 1 180
PARAGANAS
Civil Work
6 / 44
Consignee
सं. दन
अिधकार
***********NORTH 24
1 *********** 1 180
PARAGANAS
Erection Commissioning And Testing

Consignee
सं. दन
अिधकार
***********NORTH 24
1 *********** 1 300
PARAGANAS
Training
7 / 44
Consignee
सं. दन
अिधकार
***********NORTH 24
1 *********** 1 300
PARAGANAS
Buyer Added Bid Specific Terms and Conditions/ े ता ारा जोड़ गई बड क वशेष शत
1. Buyer Added Bid Specific ATC
Buyer Added text based ATC clauses
.
Bidder
Buyer's Added Bid Specific ATC for “10 MT batch capacity electrically hea s Com2. Buyer
ted single ended Bogie Hearth Heat Treatment Furnace” plianc
e
Note N Note He Description

o. ader
* In addition to GeM GTC, STC etc, following clau
ses shall be part of bid. Bidder shall carefully re
Complian ad the clauses mentioned in ATC (including Part-
1
ce of ATC I to V) & shall attach the compliance of the same
duly signed and stamped.
* Bidder to specifically mention the type of firm either:

(i) Sole Proprietorship,
(ii) Partnership Firm,
(iii) Pvt. Ltd. Co.,
Type of Fi
2 (iv) Public Sector Undertaking,
rm
(v) Central Govt.,
(vi) State Govt.,
(vii) Co-operative Co.
(viii) any other type not covered in above types
8 / 44
*Firm shall mention the appropriate one categories of s
uppliers from the following categories:
(a) Manufacturers, who supply indigenous items.
(b) Agents/ Distributors of such manufacturers, who de
sire to market their production only through their agen
ts.
Categorie (c) Foreign manufacturer with / without their accredite
3 s of d agents in India.
Suppliers (d) Stockiest of imported spares or other specified item
s.
(e) Supplier of imported goods having regular arrange
ment with foreign manufacturers.
(f) Consortium of foreign and Indian firms, especially fo
r turn-key contracts
* Bidder shall quote the price of Manufacturer’s recom

mended List of spares (in specified format i.e. Annexure-F
) & Optional Items (If any) (Not consumables) separatel
y and upload the scan copy of same in PDF File in
the option of “Upload Financial Documents”. Pric
e for the Spares (MRLS) & Optional Items (If any) as pr
ovided in the PDF upload by the seller shall not be a pa
4 Financia rt of L1 Evaluation. However, such prices shall be part
l Docum of contract document and will be valid for entire contra
ents for ct period. Ordering of such individual items shall be ha
MRLS & ndled offline by the buyer as per requirement.
Optional
items
IMPORTANT NOTE: IF BIDDER FAILED TO UPLOAD
FINANCIAL DOCUMENT CONTAINING COST OF SP
ARES AS MENTIONED ABOVE, THEN BIDDER MUS
T TO SUPPLY THE SPARES/OPTIONAL ITEMS AS P
ER UNPRICED LIST WITHOUT ANY ADDITIONAL C
HARGES AS REVISION OF PRICE AFTER BID CLOSI
NG SHALL NOT BE ALLOWED.
* Recently BOQ bid has been upgraded by Gem,

wherein it is being observed that No. of bid quan
tity in bid documents is showing in
multiplication of No. of breakup of P&M like Basi
BOQ-Qu c, Accessories, Toolings, Packing & Forwarding,
5 antity freight, civil foundation works, erection & commi
ssioning with inspection testing, training, etc, as
ked in BOQ template for cost breakup of P&M. H
ence bidders are requested to go through the B
OQ template and quote accordingly.
PART -1 INSTRUCTIONS FOR TENDERERS

:
Clause Clause H Description

No. eader
9 / 44
1.1 *Bids shall be accepted by electronic mode only, throu
MANNER gh GeM Portal i.e. "https://gem.gov.in" The detailed ma
OF SUBMI nuals for vendor enrolment, bid submission etc are ava
TTING TH ilable on the home page of GeM Portal under "RESOU
E BIDS RCES" option
1.2 MANNER *Tender Fee is not applicable. Bidders are requested t

OF SUBMI o refer the Bid Documents on GeM Portal i.e.
TTING TH "https://gem.gov.in" and submit their On-line bid accor
E BIDS dingly.
1.3 *The CORRIGENDUM , if any, to the originally published

MANNER tender shall be published on GeM Portal i.e. "https://ge
OF SUBMI m.gov.in" only. Not through any other media, and hen
TTING TH ce all prospective bidders have to keep track of Tender
E BIDS Enquiry on the specified website for issuance of any C
ORRIGENDUM till bid-opening time.
1.4 MANNER *The e-bid will be opened online on GeM portal on the
OF SUBMI specified opening date.
TTING TH
E BIDS
*The Bids should remain valid till Six (6) months fr
2.0 VALIDITY om the last date of submission of the Bids as per T.E.
OF BIDS
3.0 *Bids are invited under Two Bid System i.e. Technica
l Bid & Price Bid. Only the TECHNICAL BIDS would be o
BIDDING pened on the TIME and DATE of TENDER OPENING men
PROCEDU tioned in the Tender Enquiry. PRICE BIDS of only those
RE firms will be opened, whose Technical Bids are found c
ompliant/suitable after technical evaluation which is do
ne by the Buyer.
4 *Bids should be submitted by Bidders after successful c

ompletion of enrolment procedure on GeM portal .The
FORWAR bidders should also furnish the complete contact detail
DING OF s i.e. Postal & e-mail address, Phone No., Fax No., Cont
BIDS act Person etc of their office The Indian firms are requir
ed to furnish additional details like, GSTIN number, Ban
k Address with details of EFT Account etc.
5.0 *All Design Engineering Data, Drawings, Manuals, Liter

atures, Documents etc. shall be in English only and sha
LANGUAG ll be as per standard engineering practice. If any other
E OF DOC language is used along with English, the English versio
UMENTS n will be taken as authentic for any and all purpose.
Only metric units and no other units shall be used in all
drawing, documents etc.
6.0 *A prospective bidder who requires clarification regardi

CLARIFIC
ng the contents of the bidding documents shall notify t
ATION RE
o the Buyer in writing about the clarifications sought n
GARDING
ot later than one week prior to the date of opening of
CONTENT
the Bids. If any amendment is done then it shall be hoi
S OF THE
sted as CORRIGENDUM through GeM Portal & the same
TE
will be intimated to all prospective bidders.
10 / 44
7.0 PRE-BID *A Pre Bid Conference shall be held as per details provi
CONFERE ded in Pre-bid Tab (If planned). In Pre Bid, bidders will
NCE be briefed about the bid conditions and issued clarifica
(If planne tions.
d by Fact
ory)
8.0 *A bidder may modify or withdraw his submitted bid up

to the closing time of bid i.e. last date of bid submissio
MODIFICA
n. No bid shall be modified after the deadline for submi
TION AN
ssion of bids. No bid may be withdrawn in the interval
D WITHD
between the deadline for submission of bids and expir
RAWAL O
ation of the period of bid validity specified. Withdrawal
F BIDS
of a bid during this period will result in Bidder’s forfeit
ure of bid security
9.0 CLARIFIC *During evaluation and comparison of bids, the Buyer

ATION RE may, at its discretion, ask the bidder for clarification of
GARDING his bid. The request for clarification will be given in wri
CONTENT ting on GeM portal and no change in prices or substanc
S OF THE e of the bid will be sought, offered or permitted. No po
BIDS st-bid clarification on the initiative of the bidder will be
entertained.
10.0 *Tender is liable to be ignored if complete information i

s not given therein or if the particulars and data (if any
REJECTIO ) asked for in the schedule to the tender, are not fully fi
N OF BID lled in. Conditional tenders will be rejected. Canvassin
S g by the Bidder in any form, unsolicited letter and post-
tender correction may invoke summary rejection with f
orfeiture of EMD
11.0 *The purchaser reserves his right to accept or reject an

y offer without assigning any reason thereof. The purc
haser does not pledge to accept the lowest or any tend
RIGHT OF er and reserves the right of acceptance of the whole or
ACCEPTA any part of the tender or portion of the quantity offere
NCE OF O d and the tenderer shall supply the same at the rate qu
FFER oted. Tenderer is at liberty to tender for the whole or a
ny portion or to state in the tender that the rate quote
d shall apply only if the entire quantity is taken from hi
m.
12.0 NO CLAIM *The Tenderer, whose tender is not accepted, shall not
FOR COM be entitled to claim any cost, charges, expenses of and
PENSATI incidental to or incurred by him through or in connectio
ON FOR S n with his submission of tenders, even though the purc
UBMISSIO haser may elect to withdraw the invitation to this
N OF TEN tender.
DER
11 / 44
13.1 *Bidders are required to submit Earnest Money
Deposit (EMD) for amount of Rs. 6,11,744/- alon
gwith their bids. Bids received without EMD shall be
summarily rejected without technical evaluation. The E
MD may be submitted in the form of account payee De
mand Draft (DD), Fixed Deposit Receipt (FDR), Banker'
EARNES s Cheque or Bank Guarantee (Including e-Bank Guaran
T MONE tee) in specified format from any of the commercial Ba
Y DEPOS nks. Because of limited validity period of demand draft
IT and banker's cheque, such EMDs shall be deposited in
(Amount the Govt. fund and the same amount will be refunded t
& Form o bidders, as applicable.
of EMD) EMD shall be in favour of “METAL AND STEEL FACT
ORY ISHAPORE (A UNIT OF YANTRA INDIA LTD)".
Original EMD to be sent to MSF (Engineering Office)

on or before the bid opening date & scanned copies t
o be attached with the Online bid.
13.2 *EMD is to remain valid for a period of Forty Five (45) d

ays beyond the validity of Offer of the firm. EMD of the
EARNEST unsuccessful bidders will be returned to them at the ea
MONEY D rliest after expiry of the final bid validity and latest wit
EPOSIT hin one month after the award of the contract. The EM
(Validity D (Bid Security) of the successful bidder would be retur
of EMD) ned, without any interest whatsoever, after the receipt
of Performance Security Deposit (PSD) from them as c
alled for in the contract.
13.3 *EMD is required to be submitted by all the bidders exc

ept Micro and Small Enterprises (MSEs) as defined in M
EARNEST SE Procurement Policy issued by Department of Micro,
MONEY D Small and Medium Enterprises (MSME) or are registere
EPOSIT d with the Central Purchase Organisation or the concer
(EMD Exe ned Ministry or Department or Startups as recognized
mption) by Department of Industrial Policy & Promotion (DIPP)
or exempted Bidder as per GEM GTC. Relevant cer
tificate must be uploaded by firm for EMD Exemption.
13.4 The EMD will be forfeited if the bidder withdraws or am

EARNEST ends, impairs or derogates from the tender in any resp
MONEY D ect within the validity period of the tender. Further, if t
EPOSIT he successful tenderer fails to furnish the required Perf
(Forfeitur ormance Security Deposit after placement of supply or
e of EMD) der within the specified period, its EMD will be forfeite
d.
14.1 *The BID DOCUMENTS should be signed by the compet

SIGNING
ent authority holding power of attorney to handle such
OF TEND
job on behalf of tendering firm and this fact must be st
ER
ated explicitly.
12 / 44
14.2 *Individual signing the tender or other documents con
nected with a contract must specify whether he signs
as :
(i) ‘Sole Proprietor’ of the firm or constituted attorney o
f such Sole Proprietor.
SIGNING (ii) A partner of the firm, if it be a partnership, in which
OF TEND case he must have authority to quote & to refer to arbi
ER tration dispute concerning the business of the partners
hip either by virtue of the partnership agreement or a
power of attorney
(iii) Constituted attorney of the firm if it is a company.
14.2.1 * In case of (ii) above, a copy of the Partnership Agree

ment or General Power of Attorney, in either, case, att
SIGNING
ested by a Notary Public should be furnished or affidavi
OF TEND
t on stamped paper of all the partners admitting execu
ER
tion of the partnership agreement or the general power
of attorney should be furnished.
14.2.2 * In case of the partnership firms, where no authority t

SIGNING o refer disputes concerning the business of the partner
OF TEND ship has been conferred on any partner, the tender an
ER d all other related documents must be signed by every
partner of the firm.
14.3 * A person signing the tender form or any documents f

orming part of the contract on behalf of another shall b
e deemed to warrantee that he has authority to bind s
SIGNING uch other persons and if, on enquiry, it appears that th
OF TEND e persons so signing had no authority to do so, the pur
ER chaser may, without prejudice to other civil and crimin
al remedies, cancel the contract and hold the signatory
liable for all costs and damages.
15.1 * The tenderer shall carefully check the specifications a

nd drawings (if any) and shall satisfy himself of the suit
TECHNIC ability of the equipment being offered and shall take fu
AL BID ll responsibility for the efficient operations and guarant
ee of specified output of the Plant and equipment offer
ed.
15.2 * The offer should be complete in all respects along wit

h supporting documents and technical literature like ca
talogue, test charts, list of customers of similar m/c, pe
rformance feedback reports from users etc. All neces
TECHNIC sary documents as required for the tender shoul
AL BID d be uploaded online only.
Note: Bogie Furnace of capacity 05 Ton & above

shall be consider as similar plants/Machines.
13 / 44
15.3 * The tenderer is at liberty to offer alternative quotatio
ns for any modifications/ substitutes he considers advis
TECHNIC able giving full reasons in support thereof. However, it
AL BID will not be binding on purchaser to accept it in part or f
ull.
15.4 * The offer should conform to technical specifications a

nd the conditions of contract. Accordingly, bidder to s
TECHNIC ubmit clause wise compliance of Technical Speci
AL BID fication. However, deviations, if any, should be c
learly brought out by the tenderers in COMPLIAN
CE SHEET OF TECHNICAL SPECIFICATION.
15.5 * The bidder should invariably submit clause-wis

e compliance statement of ATC against all the P
ARTS - (I) to (V) of the bid documents on GeM Po
rtal, stating where they meet requirement in toto and
TECHNIC
where and how they deviate giving full details and rem
AL BID
arks if any.
Please note that any T&Cs/deviation mentioned/
attached in separate sheet other than Complianc
e Sheet of ATC will not be acceptable.
15.6 * The tenderer should certify in the technical bid that t

TECHNIC
he price-bid contains item-wise price as specified in Te
AL BID
chnical Specification.
15.7 * In order that no clarification is needed after opening

of Price Bid of technically acceptable offers, it is essent
ial that the UNPRICED copy of the PRICE BID (REPEAT U
TECHNIC NPRICED) (as per Price Bid/BOQ Template) along w
AL BID ith other terms & conditions should be enclosed with th
e Technical Bid. The rate of all the Statutory Taxes
& Duties, if applicable, should be indicated clear
ly in the UNPRICED copy of Price Bid.
15.8 * The tenderer shall inspect the site if considered nece

ssary and shall satisfy himself of site conditions and sh
TECHNIC all collect himself any other information which he may
AL BID require before submitting the tender. Claims and objec
tions due to ignorance of site conditions will not be con
sidered after submission of the tender.
15.9 * Incomplete quotations or quotations without toolings

TECHNIC
and fixtures in case of Tooled-up machines are liable to
AL BID
be ignored.
16.1 * In the price bid, the tenderer shall include all element
s of cost of Plant and Equipment strictly as per the sco
pe of supply & services specified in technical specificat
ion. The price shall be item wise in accordance with an
PRICE BI d as stated in the specification. As the work is of Turnk
D ey nature, the vendor will be responsible for complete
execution of the plants including construction of buildi
ngs (if any) and necessary Civil/Electrical/Instrumenta
tion/Mechanical Works, if any, as specified in the scop
e of work.
14 / 44
16.2 * Rates for Spares (Manufacturer’s Recommended List
of Spares) & Optional items (if any) (Not consumables)
should be quoted separately item-wise and not to be in
cluded in the price of the machine. The price quoted f
or spares by the firms will not be taken into account for
deciding the ranking position of the firm.
Accordingly, Bidder shall upload the scan copy o

f quoted price for such spares (MRLS in specified
format i.e. “Annexure F”) & Optional items (if an
y) as PDF File in the option of “Upload Financial
Documents”. Price for the Spares (MRLS) & Opti
PRICE BI onal as provided in the PDF upload by the seller
D shall not be a part of L1 Evaluation. However, su
ch prices shall be part of contract document and
will be valid for entire contract period. Ordering
of such individual items shall be handled offline
by the buyer as per requirement.
Note - Bidder shall attach UNPRICED LIST of MRL

S and optional items (If any) along with technical
bid. List of such spare parts (with source of supp
ly) shall be indicated in attached unpriced MRLS.
(Format of Annexure-F Enclosed with BID)
16.3 * In some cases foreign plant supplier stipulate that pu

rchase can be made through their Indian Counter Part /
Collaborator (NOT AGENT). In such cases purchase can
also be made against RUPEE payment only for those pl
ants/machines against offer from Indian Tenderers wit
PRICE BI h the following conditions :
D (i) Import Clearance to be arranged by the tenderer.
(ii) Arrange inspection / training in India.
(iii) Provide After Sales Service
(iv) PDI & Inter stage inspection if any shall be d
one at premises of Indian counter part in India o
nly.
16.4 * For all Plant & Equipment, Accessories, Toolings, Spa

res etc. of Indigenous Sources, prices shall be quoted i
n Rupees for delivery ex-works basis. Statutory Taxes
Duties e.g. GST etc., if applicable should be indicated s
PRICE BI
eparately and distinctly. However, order if any, will be
D
on Delivery at destination (DAP) basis i.e. F.O.R. MSF, I
shapore basis, wherein Freight Charges, Insurance Cha
rges, Taxes & Duties etc. will be paid on actual against
documentary proof.
15 / 44
16.5 * Price quoted in BOQ template (Except Cost of
Manufacturer’s recommended Spares & optional
items If any Quoted as pdf file in Financial uploa
d option) only to be considered. Any documents
PRICE BI other than above said indicating the price of any
D item will not be acceptable. Revision in Price Bid
or Technical Bid having impact on prices will not
be considered after opening of Technical Bids.
17.1 * The tenderer shall satisfy the purchaser that he poss

esses the necessary technical experience and qualifica
tion and that he has at his disposal suitable modern fa
TECHNIC
cilities and staff of specialized nature to ensure that hi
AL CAPAC
s contract work is of best quality and workmanship, ac
ITY
cording to the latest engineering practice. The tendere
r shall furnish necessary particulars in this behalf with t
he tender.
17.2 * In this regard the tenderer shall submit a detailed s

tatement of similar plants/ machines built by hi
m at least during the last 5 years and name and fu
ll address of the customers with order No., date of sup
ply and performance report thereof.
TECHNIC
AL CAPAC Accordingly, Detailed statement (as per Annexur
ITY e-H, enclosed in ATC document) along with Contr
act Copies & Performance reports to be enclose
d along with technical bid on portal.
Note: Bogie Furnace of capacity 05 Ton & above

shall be consider as similar plants/Machines.
17.3 * The General Manager/MSF reserves the right to verify

TECHNIC
Capacity (Technical & Financial) or Performance of any
AL CAPAC
Tenderer if required during technical evaluation of his
ITY
offer on the above information.
18.1 * The tenderer shall produce satisfactory proof that he

is financially in a position to fulfil the contractual obliga
tions offered to be undertaken by him, e.g. showing av
FINANCIA
erage annual turnover during last three years, values o
L CAPACI
f orders executed during the past seven years, etc. [In
TY
case of Consortium, all the partners of the Consortium
should submit the above-mentioned financial documen
ts of their firm.]
18.2 FINANCIA * In the case of Indian tenderer, the following documen

L CAPACI ts shall also be uploaded with their technical bid positiv
TY ely.
18.2.1 FINANCIA * Copies of last three years annual report indicating pr

L CAPACI ofits and losses.
TY
16 / 44
18.2.2 * Copies of Partnership Deeds or Consortium Agreeme
nt, if any.
FINANCIA [Regarding Consortium Agreement, the Consortium Par
L CAPACI tners should indicate their responsibility and Scope of
TY Work specifically in the Consortium Agreement pertaini
ng to the T.E.]
18.2.3 FINANCIA * Copy of Certificate of Incorporation and Articles of As

L CAPACI sociation.
TY
18.2.4 FINANCIA * Copies of Ownership documents in respect of Manufa

L CAPACI cturing Plant.
TY
18.2.5 FINANCIA * General Power of Attorney in favour of any signatory,

L CAPACI other than the Owner/Head of the firm.
TY
18.2.6 FINANCIA * Affidavit that the firm has never been banned.
L CAPACI
TY
19.0 * The tenderer shall satisfy the purchaser that he is co

mpetent and authorize to submit tender and/or to ente
r into a legally binding contract with the purchaser. To
LEGAL CA
this effect, any person giving a tender shall render doc
PACITY
umentary evidence that his signature on the tender, su
bmitted by him is legally binding upon himself, his firm
or company as the case may be.
20.0 * Queries/clarifications of all nature, if any that may ari

QUERIES/ se should be referred by the Tenderer by digitally sign
CLARIFIC ed e-mail/e-mail with attached signed documents addr
ATIONS essed to THE GENERAL MANAGER at E-MAIL : msfeop
m@ord.gov.in.
TECHNICAL SPECIFICATION: * Please refer BOQ specif

ication
PART-II :
STANDARD CONDITIONS OF CONTRACT

PART-III :

No. eader
1.0 NOTE * The Bidder is required to give confirmation of their ac

ceptance of the Standard Conditions of the Tender Enq
uiry mentioned below which will automatically be consi
dered as part of the Contract concluded with the succe
ssful Bidder (i.e. Seller/Supplier in the Contract) as sele
cted by the Buyer. Failure to do so may result in rejecti
on of the Bid submitted by the Bidder.
17 / 44
2.0 LAW * The Contract shall be considered and made in accord
ance with the laws of the Republic of India. The contrac
t shall be governed by and interpreted in accordance w
ith the laws of the Republic of India.
3.1 EFFECTIV * The contract shall come into effect on the date
E DATE O of placement of Contract on GeM Portal by buyer
F THE CO and shall remain valid until the completion of the oblig
NTRACT ations of the parties under the Contract. The delivery o
f the goods and performance of the services shall com
mence from the effective date of the Contract.
4.0 ARBITRAT * All disputes or differences arising out of or in connect

ION ion with the Contract shall be settled by bilateral discu
ssions. Any dispute, disagreement or question arising o
ut of or relating to the Contract or relating to constructi
on or performance, which cannot be settled amicably,
may be resolved through arbitration. The standard clau
se of arbitration will be applicable, depending on the ty
pe of Seller, as given below :
4.1 ARBITRAT 1. All the disputes and differences arising out of or in a

ION ny way touching or concerning this agreement (except
For India those for which specific provision has been made there
n Supplie in) shall be referred to Sole Arbitrator to be appointed
rs - Other by CMD/YIL, Government of India. The Arbitrator so ap
than PUB pointed shall be a government servant who had not de
LIC ENTE alt with the matters to which this agreement relates an
RPRISES / d in course of his duties had not expressed views on all
GOVT. D or any of the matter in disputes or differences for the ti
EPARTME me being or a Govt. Servant appointed by him, the app
NTS ointee shall not be Govt. Servant, who had dealt with t
he matters to which this agreement relates and that in
the course of his duties as Govt. Servant, he had not e
xpressed views on all or any of the matter in dispute or
difference. The Award of the Sole Arbitrator shall be fin
al and binding on the parties.
2. The Arbitration shall be as per Arbitration Act 1996 o

r any statutory modification thereof.
3. The venue of Arbitration shall be MSF, Ishapore, Nort

h 24 Parganas, West Bengal, India.
18 / 44
4.2 ARBITRAT * In the event of any dispute or difference relating to th
ION e interpretation and application of the provisions of thI
For India S contract, such dispute or difference shall be referred
n Supplie by either party for Arbitration to the Permanent Arbitra
rs - PUBLI tion Machinery set up in the Department of Public Ente
C ENTERP rprises i.e. to the sole Arbitrator in the Department of P
RISES / G ublic Enterprises to be nominated by the Secretary to t
OVT. DE he Govt. of India in-charge of the Department of Public
PARTMEN Enterprises. The Arbitration and Conciliation Act, 1996
TS shall not be applicable to arbitration under this clause.
The award of the Arbitrator shall be binding upon the p
arties to the disputes to the disputes, provided howeve
r, any party aggrieved by such award may make a furt
her reference for setting aside or revision of the award
to the Law Secretary, Department of Legal Affairs, Mini
stry of Law and Justice, Government of India. Upon suc
h reference the dispute shall be decided by the Law Se
cretary or the Special Secretary/ Additional Secretary,
when so authorized by the Law Secretary, whose decisi
on shall bind the Parties finally and conclusively. The P
arties to the dispute will share equally the cost of arbitr
ation as intimated by the Arbitrator.
(Ref- Min. of HI & PE OM No. 1(24)/ 2005-DPE (PMA) dt.
22/01/2004)
19 / 44
5.0 PENALTY * The seller undertakes that he has not given, offered o
CLAUSE r promised to give directly or indirectly any gift, consid
OF UNDU eration, reward, commission, fees, brokerage or
E INFLUE inducement to any person in servicing of buyer or othe
NCE rwise in procuring the contract or forbearing to do or fo
r having done of forborne to do any act in relation to th
e obtaining or execution of the Contract or any other C
ontract with the Government for showing or forbearing
to show favour or disfavour to any person in relation to
the contract or any other contract with the Governmen
t. Any breach of the aforesaid undertaking by the seller
or any one employed by him or acting on his behalf (w
hether with or without knowledge of the seller) or the c
ommission of any offence by the seller or anyone empl
oyed by him or acting on his behalf, as defined in Chap
ter IX of the Indian Penal Code, 1860 or the prevention
of Corruption Act, 1986 or any other act enacted for th
e prevention of corruption shall entitle the buyer to can
cel the contract and all or any other contracts with the
seller and recover from the seller the amount of any lo
ss arising from such cancellation. A decision of the Buy
er or his nominee to the effect that a breach of the und
ertaking has been committed shall be final and binding
on the seller. Giving or offering of any gift, bribe or ind
ucement or any attempt to such act on behalf of the se
ller towards any officer or employee of the Buyer or to
any other person in a position to influence the decision
of the Buyer, directly or indirectly or any attempt to infl
uence in any officer/employee of the Buyer for showin
g any favour in relation to this or any other contract, s
hall render the seller to such liability/penalty as the buy
er may deem proper, including but not limited to termi
nation of the contract, imposition of penal damages, fo
r future of the Bank Guarantee and refund of the amou
nts paid by the Buyer.
20 / 44
6.0 AGENTS/ * The seller confirms and declares to the buyer that th
AGENCY e seller is the original manufacturer of the stores referr
COMMISS ed to in this contract and has not engaged any individu
ION al or firm, whether Indian or Foreign whatsoever, to int
ercede, facilitate or in any way to recommend to the G
overnment of India or any of its functionaries, whether
officially or unofficially, to the award of the contract to
the seller, nor has any amount been paid, promised or
intended to be paid to any such individual or firm in res
pect of any such intercession, facilitation or recommen
dation. The seller agrees that if it is established at any
time to the satisfaction of the buyer that the present d
eclaration is in any way incorrect or if at a later stage it
is discovered by the buyer that the seller has engaged
any such individual/firm and paid or intended to pay a
ny amount, gift, reward, fees, commission or considera
tion to such person, party, firm or institution, whether
before or after signing of this contract, the seller will b
e liable to refund that amount to the buyer. The seller
will also be debarred from entering into any supply con
tract with Government of India for a minimum period o
f five years. The buyer will also have a right to conside
r cancellation of the contract either wholly or in part, w
ithout any entitlement or compensation to the seller w
ho shall in such event be liable to refund all payments
made by the buyer in terms of the contract along with
interest at the rate of 2% per annum above one-year LI
BOR rate. The buyer will also have the right to recover
any such amount from any contracts concluded earlier
with the Govt. of India.
7.0 ACCESS T * In case it is found to the satisfaction of the Buyer

O THE BO that the seller has engaged an Agent or paid commissi
OKS OF A on or influenced any person to obtain the contract as d
CCOUNTS escribed in clauses relating to Agents/agency commissi
on and penalty for use of undue influence, the seller, o
n a specific request of the buyer shall provide necessar
y information/inspection of the relevant financial docu
ment/information.
8.0 NON-DIS * Except with the written consent of the Buyer/ Seller,
CLOSURE other party shall not disclose the contract or any provis
OF CONT ion, specification, plan, design, pattern, sample or infor
RACT DO mation thereof to any third party.
CUMENTS
21 / 44
9.1 LIQUIDAT In the event of seller’s failure to have the plant / machines
ED DAMA or any part/instalment thereof delivered by the date/dates s
GE pecified in the contract, the buyer may at his discretion wit
hhold any payment until the whole of the plant / machines h
[L.D.]
ave been supplied and the buyer may also deduct from the
seller as agreed, Liquidated Damages and not by way of pe
nalty, as per provision mentioned in GEM GTC i.e. @ 0.5%
of the contract value of delayed quantity per week o
r part of the week of delayed period as pre-estimate
d damages not exceeding 10% of the contract value
of delayed quantity without any controversy/dispute
of any sort whatsoever.
10.0 TERMINA * The Buyer shall have the right to terminate this Contr
TION OF act in part or in full in any of the following cases :
CONTRCA
T
10.1 TERMINA * The Seller has failed to perform a substantial obligati

TION OF on under the Contract after having been served a notic
CONTRCA e of failure and make good by Purchaser within a reaso
T nable period, or the delivery of the material is delayed
for causes not attributable to Force Majeure for more t
han six months after the scheduled date of delivery.
10.2 TERMINA * The Seller is declared bankrupt or becomes insolvent

TION OF .
CONTRCA
T
10.3 TERMINA * The delivery of material is delayed due to causes of F

TION OF orce Majeure by more than Six (6) months, provided Fo
CONTRCA rce Majeure clause is included in contract
T
10.4 TERMINA * The Buyer has noticed that the Seller has given or off
TION OF ered to give, directly or indirectly, to any person any
CONTRCA bribe, gift, gratuity, commission or other thing of value
T as an inducement or reward for doing or forbearing to
do any action in relation to this Contract, e.g. if the Sell
er has utilised the services of any Indian/Foreign agent
in getting this contract and paid any commission to su
ch agent.
10.5 TERMINA * As per decision of the Arbitration Tribunal.

TION OF
CONTRCA
T
11.0 NOTICES * Any notice required or permitted by the contract shall

be written in the English language and may be delivere
d personally or may be sent by FAX or registered mail
or e-mail, addressed to the last known address of the p
arty to whom it is sent.
22 / 44
12.0 TRANSFE * The Seller has no right to give, bargain, sell, assign o
R AND r sublet or otherwise dispose of the Contract or any par
SUB-LETT t thereof, as well as to give or to let a third party take
ING benefit or advantage of the present Contract or any pa
rt thereof.
13.0 PATENTS * The prices stated in the present Contract shall be dee
AND OTH med to include all amounts payable for the use of pate
ER INDUS nts, copyrights, registered charges, trademarks and pa
TRIAL PR yments for any other industrial property rights. The Sel
OPERTY R ler shall indemnify the Buyer against all claims from a t
IGHTS hird party at any time on account of the infringement o
f any or all the rights mentioned in the previous Paragr
aphs, whether such claims arise in respect of manufac
ture or use. The Seller shall be responsible for the com
pletion of the supplies including spares, tools, technica
l literature and training aggregates irrespective of the f
act of infringement of the supplies, irrespective of the f
act of infringement of any or all the rights mentioned a
bove.
14.0 AMENDM * No provision of present Contract shall be changed or

ENTS modified in any way (including this provision) either in
whole or in part except by an instrument in writing ma
de after the date of this Contract and signed on behalf
of both the parties and which expressly states to amen
d the present Contract.
15.1.1 TAXES & * Bidder shall specifically mention the rate of tax
DUTIES es & duties like IGST / CGST / SGST/UGST. In the a
In bsence of any such stipulation, it will be presumed tha
respect o t the prices include all such charges and no claim for th
f Indigen e same will be entertained.
ous bidde
rs
Bidder to also submit GST Registration Certificate agai
nst the claim of GST.
15.1.2 TAXES & * If reimbursement of any Duty/Tax is intended as extr

DUTIES a over the quoted prices, the Bidder must specifically s
In ay so. In the absence of any such stipulation it will be
respect o presumed that the prices quoted are firm and final and
f Indigen no claim on account of such duty/tax will be entrained
ous bidde after the opening of tenders.
rs
15.1.3 TAXES & * If a Bidder chooses to quote a price inclusive of any d

DUTIES uty/tax and does not confirm inclusive of such duty/tax
In so included is firm and final, he should clearly indicate
respect o the rate of such duty/tax and quantum of such duty/ta
f Indigen x included in the price. Failure to do so may result in ig
ous bidde noring of such offers summarily.
rs
23 / 44
15.1.4 TAXES & * If a Bidder is exempted from payment of any duty/ta
DUTIES x up to any value of supplies from them, he should cle
In arly state that no such duty/tax will be charged by him
respect o up to the limit of exemption which he may have. If any
f Indigen concession is available in regard to rate/quantum of an
ous bidde y Duty/tax, it should be brought out clearly. Stipulation
rs s like, the said duty/tax was presently not applicable b
ut the same will be charged if it becomes leviable later
on, will not be accepted unless in such cases it is clearl
y stated by a Bidder that such duty/tax will not be char
ged by him even if the same becomes applicable later
on. In respect of the Bidders, who fail to comply with th
is requirement, their quoted prices shall be loaded with
the quantum of such duty/tax which is normally applic
able on the item in question for the purpose of compari
ng their prices with other Bidders.
15.1.5 TAXES & * Any change in any duty/tax upward/downward as a r

DUTIES esult of any statutory variation in taxes/duties taking p
In lace within contract terms shall be allowed to the exte
respect o nt of actual quantum of such duty/tax paid by the supp
f Indigen lier. Similarly, in case of downward revision in any duty
ous bidde /tax, the actual quantum of reduction of such duty/tax
rs shall be reimbursed to the Buyer by the Seller. All such
adjustments shall include all reliefs, exemptions, rebat
es, concession etc. if any obtained by the Seller.
15.2 TAXES & 1. For machine of Import nature, Indian traders are
DUTIES permitted to offer in Indian rupee payment only. This s
Purchase hall be treated as second sale to OFs and in such cases
of P&M of only GST will be applicable
foreign or
igin from
Indian so
2. If foreign plant supplier insists that purchase can be
urces
made through their Indian counterpart / collaborator (n
ot agent), purchase can be made against Indian rupee
payment only, but the tenderer shall arrange the impor
t clearance and the Indian collaborator shall arrange in
spection/training in India and
provide after sales service.
3. No export clearance certificate / custom duty exem

ption certificate shall be provided in such cases
16.1 Failure to * No machine or equipment will be accepted unless

Commissi performance tests and acceptance tests are conducted
on the Ma and machines satisfy these tests. In case, any plant or
chines machinery fails these tests, GM/MSF will use their discr
etion and if the failure is to a major extent, the plant /
machinery will be rejected. If it is observed that the fir
ms after supply of Plant & machinery/equipment, keep
on dilly dallying in commissioning as well as in rectifica
tion of faults in Warranty Period, appropriate action wil
l be taken against the Firm as per extant rules.
24 / 44
16.2 Failure to In case where the firm has failed to commission an equ
Commissi ipment and factory is confident of commissioning the e
on the Ma quipment due to their own experience of working with
chines similar equipment, the factory may try to commission t
he equipment at firm’s risk & cost.
17.0 Denial Cl Since delay in delivery is a default by the seller, the bu

ause yer may protect himself against extra expenditure duri
ng the extended period by stipulating a denial clause (
over and above Levy of Liquidated Damages) in the let
ter conveying extension of delivery period. In denial cl
ause any increase in statutory levies are to be borne b
y the seller during the extended Delivery period, while
Purchaser reserves its right to get any benefit of down
ward revisions of Statutory Duties
PART - IV SPECIAL CONDITIONS OF CONTRACT

:

No. eader
NOTE * The Bidder is required to give confirmation of their ac

ceptance of Special Conditions of the Tender Enquiry
mentioned below which will automatically be considere
1.0 d as part of the Contract concluded with the successful
Bidder (i.e. Seller in the Contract) as selected by the B
uyer. Failure to do so may result in rejection of Bid sub
mitted by the Bidder.
PERFORM * Successful tenderer irrespective of their registration

ANCE SE status with DGS&D/ KVIC/ OFB/ MSME/ NSIC will be req
CURITY / uired to submit Performance Security within 30 days of
SECURITY contract for due performance of Contract. The amount
DEPOSIT of Performance Security will be 5% of Contract Value i
n Indian Rupees stipulated in Contract. Performance Se
2.1
curity will be forfeited and encashed by the Buyer in th
e event of breach of contract by the Seller.
PSD is to be submitted by the contractor in the form of
BG, which is called performance Bank Guarantee (PBG)
. The validity of PBG shall be till 60 days beyond
expiry of warranty period.
PERFORM * Failure to submit performance security may entail ca

ANCE SE ncellation of contract and EMD will be forfeited for unr
2.2 CURITY / egistered firms, whereas in case of others the concern
SECURITY ed registering agency will be informed for appropriate
DEPOSIT action
25 / 44
PERFORM * Performance security deposit payable to the “
ANCE SE METAL AND STEEL FACTORY ISHAPORE (A UNIT
CURITY / OF YANTRA INDIA LTD)" shall be furnished by th
SECURITY e supplier in the form of a performance Bank gu
DEPOSIT arantee (Including e-PBG) issued by a public sect
or bank or a private sector bank authorised to co
2.3 nduct government business, in the enclosed for
mat within 30 days from the date of contract. At
present, ICICI Bank Ltd., Axis Bank Ltd., and HDF
C Bank Ltd. are the three private sector banks a
uthorised to carry out government transaction.
PERFORM * In case any claims or any other contract obligations a

ANCE SE re outstanding, the Seller will extend the Performance
CURITY / Bank Guarantee as asked for by the Buyer till such tim
SECURITY e as the Seller settles all claims and completes all cont
2.4 DEPOSIT ract obligations. The Performance Bank Guarantee will
be subject to encashment by the Buyer, in case the con
ditions regarding adherence to delivery schedule, settl
ement of claims and other provisions of the contract ar
e not fulfilled by the Seller.
PERFORM * Performance Security shall be refunded to the supplie

ANCE SE r without any interest, whatsoever, after it duly perfor
CURITY / ms and completes the contract in all respects but not l
2.5 SECURITY ater than 60 days of completion of all such obligations
DEPOSIT under the contract. The contractor is expected to subm
it an Application-cum-cash bill for refund of Security De
posit.
PERFORM * For Autonomous Institutions under the administrative

ANCE SE control of Central Government, Indemnity Bond may be
CURITY / acceptable in lieu of Bank Guarantee.
2.6
SECURITY
DEPOSIT
PERFORM * In case of Consortium, Performance Security Deposit

ANCE SE to be submitted by the Principal Bidder of the Consorti
2.7 CURITY / um.
SECURITY
DEPOSIT
PAYMENT * It will be mandatory for the Bidders to indicate their B

TERMS ank Account Numbers and other relevant e-payment d
etails, so that payments could be made through ECS/N
3.0
EFT mechanism. The payment will be made as per the
following terms, on production of the requisite docume
nts.
26 / 44
Payment * 80% value of material plus 100% Taxes, Duties i
Terms for f any, will be paid after acceptance in Pre-Despatch Ins
Indigenou pection of machine/equipment at Firm’s Works and on
s Sellers receipt of machine/equipment in safe condition by con
signee (The General Manager, Metal & Steel Factory, Is
hapore) against PSD/PBG amounting to 5% of Cont
ract Value in the stipulated format, valid till Two
(2) Months after Warranty Period. Freight charges
will be payable on actual against documentary evidenc
e but not exceeding as quoted by the firm and accepte
d by Purchaser.
The following documents to be submitted while c
laiming Payment:
(a) Contractor's Bill (To be provided by MSF)
(b) Ink-signed copy of Commercial / Tax / Retail I
nvoices covering the value of goods delivered.
(c) Claim for statutory and other levies to be sup
ported with requisite documents/proof of payme
3.1 nt such as GST Invoice, proof of payment for EPF
. ESIC contribution with nominal roll of Beneficia
ries etc. as applicable.
(d) Delivery Challan.
(e) Packing list.
(f) Original Freight Receipt.
(g) Pre-despatch Inspection Certificate duly sig
ned by Authorised Representatives of The GM/M
SF.
(h) Joint Inspection Report duly signed by Author
ised Representatives of The GM/MSF and the Sup
plier's Representatives.
(i) Manufacturers Test Certificates etc., if any.
(j) Manufacturer's Standard Warranty-Guarantee
Certificate, if any.
(k) Details for Bank Account for electronic paym
ent.
Payment * Balance 20 % value of material plus 100% Erec

Terms for tion& Commissioning (E&C) including Charges of
Indigenou Training at Purchaser's Works & Civil Foundation
3.2
s Sellers Works (if any) will be paid after Commissioning
& Final Acceptance of machine/equipment at Pur
chaser's end.
RISK PUR * Should the stores or any installment thereof not be d

CHASE CL elivered within the time or times specified in the contra
AUSE ct documents, or if defective delivery is made in
respect of the stores or any installment thereof, the Bu
4.1 yer shall after granting the Seller 45 days to cure the b
reach, be at liberty, without prejudice to the right
to recover liquidated damages as a remedy for breach
of contract, to declare the Contract as cancelled either
wholly or to the extent of such default.
27 / 44
RISK PUR * Should the stores or any installment thereof not perfo
CHASE CL rm in accordance with the specifications / parameters
AUSE provided by the SELLER during the check proof tests to
be done in the BUYER’s country, the BUYER shall be at
4.2 liberty, without prejudice to any other remedies for bre
ach of contract, to cancel the Contract wholly or to the
extent of such default.
RISK PUR * In case of a material breach that was not remedied wi

CHASE CL thin 45 days, the BUYER shall, having given the right of
AUSE first refusal to the SELLER be at liberty to purchase, ma
nufacture, or procure from any other source as he thin
ks fit, other stores of the same or similar description to
4.3
make good:-
(i) Such default.
(ii) In the event of the contract being wholly determine
d the balance of the stores remaining to be delivered t
here under.
RISK PUR * Risk & Expense Purchase: Risk and expense

CHASE CL purchase clause may be included in the RFP and the co
AUSE ntract, if considered necessary. Risk and Expense purc
hase is undertaken by the purchaser in the event of th
e supplier failing to honour the contracted obligations
within the stipulated period and where extension of del
ivery period is not approved. While initiating risk purch
ase at the cost and expense of the Supplier, the Purch
aser must satisfy himself that the supplier has failed to
4.4.1 deliver and has been given adequate and proper notic
e to discharge his obligations. Whenever risk purchase
is resorted to, the supplier is liable to pay the additiona
l amount spent by the Government, if any, in procuring
the said contracted goods/services through a fresh con
tract, i.e. the defaulting supplier has to bear the excess
cost incurred as compared with the amount contracted
with him. Factors like method of recovering such amou
nt should also be considered while taking a decision to
invoke the provision for risk purchase.
RISK PUR * Risk and Expense purchase clause not mandatory: Ri

CHASE CL sk purchase at the cost and expense of the supplier m
AUSE ay not always be a practical proposition as it may not b
e feasible to enforce recovery without legal action. This
clause is rarely invoked in case of import contracts for
this reason. In such cases where the item is of propriet
4.4.2 ary nature or there is only one qualified firm to supply t
he items and there is a remote possibility of procuring
the same item from an alternative source, it will be ess
ential that instead of having risk and cost clause in the
contract, the contract should have performance
guarantee clause to cover any such default.
28 / 44
RISK PUR * Alternative remedies to Risk & Expense Purchase Cla
CHASE CL use:In case of foreign contracts, risk and expens
AUSE e clause is generally not applicable. The other re
medies available to the purchaser in the absence of th
e Risk and Expense Clause are as follows :
(a) Deduct the quantitative cost of discrepancy from a
ny of the outstanding payments of the supplier.
(b) Avoid issue of further RFP's to the firm till resolutio
4.4.3 n of the discrepancy.
(c) Bring up the issue of discrepancy in all meetings wit
h the representative of supplier.
(d) Provide for adequate Bank Guarantee to cover such
risks.
(e) In case of foreign contracts, finally approach the Go
vernment of the Supplier's country through the Ministr
y of Defence, if needed.
FORCE M * Neither party shall bear responsibility for the complet

AJEURE C e or partial non-performance of any of its obligations (e
LAUSE xcept for failure to pay any sum which has become
due on account of receipt of goods under the provision
s of the present contract), if the non-performance resul
5.1 ts from such Force Majeure circumstances as Flood, Fir
e, Earthquake and other acts of God as well as War, Mi
litary operation, blockade, Acts or Actions of State Aut
horities or any other circumstances beyond the parties’
control that have arisen after the conclusion of the pre
sent contract.
FORCE M * In such circumstances the time stipulated for the perf

AJEURE C ormance of an obligation under the present contract is
5.2
LAUSE extended correspondingly for the period of time of acti
on of these circumstances and their consequences.
FORCE M * The party for which it becomes impossible to meet o

AJEURE C bligations under this contract due to Force Majeure con
LAUSE ditions, is to notify in written form the other party of th
5.3
e beginning and cessation of the above circumstances
immediately, but in any case not later than Ten (10) da
ys from the moment of their beginning.
FORCE M * Certificate of a Chamber of Commerce (Commerce a

AJEURE C nd Industry) or other competent authority or organizati
5.4 LAUSE on of the respective country shall be a sufficient proof
of commencement and cessation of the above circums
tances.
FORCE M * If the impossibility of complete or partial performanc

AJEURE C e of an obligation lasts for more than Six (6) months, e
LAUSE ither party hereto reserves the right to terminate the c
ontract totally or partially upon giving prior written noti
5.5 ce of Thirty (30) days to the other party of the intentio
n to terminate without any liability other than reimburs
ement on the terms provided in the agreement for the
goods received.
29 / 44
DELIVERY * Please refer BOQ template//Technical specifica
PERIOD tion/ bid documents and comply accordingly.
Time is the essence of the contract. The firm to ensure his

best and earliest delivery so that machine is available at sit
6.1 e at the earliest. The time schedule for the delivery of the pl
ant and equipment, civil works, engineering erection and p
utting into commission as specified in technical specificatio
n should be indicated suitably in the tender.
DELIVERY Tenderer will submit a BAR CHART, showing deta

PERIOD iled activities for execution of the order and thei
r time schedule, for consideration of the purchas
er. The tenderer will be responsible for co-
ordinated delivery and erection of the complete
6.2
plant, equipment and materials both from outsid
e India and from indigenous sources and he shall
ensure deliveries in the sequence in which they
will be required for
erection at site.
DELIVERY * Delivery Period given in BOQ template//Techni

PERIOD cal specification/ bid documents shall be guaran
teed. The Contract can be cancelled unilaterally
by the Buyer in case items are not received withi
6.3
n the contracted delivery period. Extension of co
ntracted delivery period will be at the sole discr
etion of the Buyer, with applicability of LD Claus
e.
Terms for * Delivery of the equipment’s shall be F.O.R (DAP. MSF,

7.1
Delivery: Ishapore basis
Terms for * Should the Buyer intend to airlift all or some of the st
Delivery: ores, the Seller shall pack the stores accordingly on rec
7.2 [Air Lift] eipt of intimation to that effect from the Buyer. Such d
eliveries will be agreed upon well in advance and paid
for as may be mutually agreed.
PACKING * The Contractor shall provide packing and preservatio

n of the equipment and spares/goods contracted so as
to ensure their safety against damage in the conditions
of land, sea and air transportation, transhipment, stora
ge and weather hazards during transportation, subject
8.1 to proper cargo handling. The Seller shall ensure that t
he stores are packed in containers, which are made suf
ficiently strong, and with seasoned wood. The packing
cases should have hooks for lifting by crane/fork lift tru
ck. Tags with proper marking shall be fastened to the s
pecial equipment, which cannot be packed.
30 / 44
PACKING * The Contractor must ensure that sturdy packing is us
ed to withstand rough handling during transit by rail/ro
ad. In case the contractor fails to meet the qualitative r
equirements for packing, he must make good all losses
arising out of his failure to meet contractual obligation
8.2
s. The contractor will be responsible for internal damag
es if any, when outwardly there is no damage to the pa
ckage.
PACKING * One copy of the packing list/ invoice in English and

pre-despatch inspection certificate shall be inserted in
8.3 each cargo package, and the full set of the packing list
s shall be placed in Case No.1 painted in a yellow colou
r.
MARKING * The following marking on the two opposite faces and

top side should be stencilled is legible ink on the packi
ng cases containing the consignments at the time of de
spatch:
i. Contract No & Date:
ii. Name of the consignee:
9.1 iii. Full address of consignee:
iv. Total No of packages &Sl No of package:
v. Up right arrow.
vi. Gross weight:
vii. Special marking for case.
viii. Brief nomenclature of equipment:
ix. Slinging position
INSURAN * The Indigenous Seller will arrange Transit Insurance f

CE or safe movement of the stores from their works to MS
F, Ishapore site at his own cost & risk. The Indigenous
10.1
Supplier shall undertake that any part of the equipmen
t’s or part thereof damaged during the transportation s
hall be replaced or repaired by them free of cost.
INSURAN * In case of Turnkey supply of plant/machines, if any s

CE upplies or part thereof are damaged during the process
of erection and commissioning of the plant/machines u
10.2 ntil the final acceptance, the same will have to be repla
ced at site by the supplier free of all costs to the purch
aser, including the erection and commissioning cost in
the event of the plant/machines having been erected.
INSURAN * In case of Turnkey supply of plant/machines, the sup

CE plier shall be responsible for insurance of the plant/ma
chines during erection and commissioning. In this conn
ection, the supplier shall arrange “Erection All Risks Ins
10.3 urance” of sufficient amount along with coverage for c
onstruction/erection equipment as well as third party cl
aims in respect of property damage or bodily injury. Th
e supplier shall also be responsible for insurance for pe
rsonnel engaged by them in the erection work.
31 / 44
LOADING * For Indigenous Supply, the entire loading & unloading
& UNLOA of equipment’s at any stage should be the responsibilit
11.1 DING y of the Supplier.
LOADING * For Loading & Unloading of equipment’s at their part,

& UNLOA necessary loading & unloading equipment’s along with
11.2
DING Manpower shall be arranged by the Supplier at his own
cost & risk.
LOADING * Purchaser (MSF) may provide assistance of Mobile/EO

11.3 & UNLOA T Crane, Fork lifter etc. based on the availability of the
DING same at the site.
GUARANT * The supplier shall guarantee among other things the

EE AND following :
12.1 WARRAN
TY OF SU
PPLIES
GUARANT * The Supplier shall provide guarantee of all the

EE AND materials supplied by him. The guarantee shall g
WARRAN enerally cover performance of all individual item
12.1.1
TY OF SU s and systems of all Mechanical / Hydraulic / Pne
PPLIES umatic / Electrical / Electronic in respect of
rating and output as claimed by the Supplier.
GUARANT * Satisfaction of Technical & other parameters mention

EE AND ed in the Specification and Contract.
12.1.2 WARRAN
TY OF SU
PPLIES
GUARANT * Quality and Strength of material used in the manufac

EE AND ture of the equipment considering the applicable codes
12.1.3 WARRAN of practice and regulation.
TY OF SU
PPLIES
GUARANT * Adequate factors of safety for all parts of the equipm

EE AND ent’s to withstand the mechanical and / or electrical str
12.1.4 WARRAN ess developed therein under specific operating conditi
TY OF SU ons.
PPLIES
GUARANT * Performance data furnished / specified for the equip

EE AND ment should be actually obtainable when the equipme
12.1.5 WARRAN nt is installed and tested at site.
TY OF SU
PPLIES
32 / 44
GUARANT * The supplier shall warrant that the plant/machine (inc
EE AND luding associated works constructed by the supplier) wi
WARRAN ll be free from defects in design, material or workmans
TY OF SU hip. Supplier’s obligations under the warranty shall inv
PPLIES olve repair, rectification and making good at site any d
efect, imperfection or fault attributable to defective de
12.2.1. sign, material or workmanship. If the plant/machine is f
1 ound to have a Defect that can be assumed to be pres
ent also in some other portion of the plant/machine, th
e Supplier shall investigate whether such further Defec
t is present, and shall make good any further Defects f
ound.
GUARANT * Performance security Deposit (PSD/PBG) submi

EE AND tted by firm valid up to 02 months beyond the w
12.2.1.
WARRAN arranty period shall act, as security for its Warra
2
TY OF SU nty obligations.
PPLIES
GUARANT * The following Warranty Clause will form part of the c

EE AND ontract with the successful bidder:
12.2.1. WARRAN
3 TY OF SU
PPLIES
GUARANT * The contractor/seller hereby warrants that the plant/

EE AND equipment sold/supplied to the purchaser under this co
12.2.1. WARRAN ntract shall be of the best quality and workmanship an
3.1 TY OF SU d new in all respects and shall be strictly in accordance
PPLIES with the specifications and particulars contained/menti
oned in the said contract.
GUARANT * The contractor/seller further warrants that the

EE AND plant/equipment would continue to conform to the spe
WARRAN cified description and quality and would be free from a
TY OF SU ny non-conformity with the requirements of the
PPLIES contract (hereafter referred to as a ‘defect’) due to faul
12.2.1.
ty design, materials or workmanship, for a period calle
3.2
d ‘Warranty Period’ or ‘Defects Liability Period’ as defin
ed below :
Twelve (12) months from the date of commissioning
and final acceptance of the plant/equipment at the pur
chaser’s site, being Turnkey job.
GUARANT * Notwithstanding the fact that the Purchaser (or his re

EE AND presentative) may have inspected and/or approved the
WARRAN plant/equipment, if any defect is discovered in the plan
12.2.1. TY OF SU t/equipment during the aforesaid Warranty Period and
3.3 PPLIES the decision of the Purchaser in that behalf shall be fin
al and binding on the Contractor/Seller, the Purchaser
shall be entitled to call upon the Contractor/Seller to re
ctify such defect.
33 / 44
GUARANT * Defects shall be notified by the Purchaser to the Cont
EE AND ractor/Seller in writing without undue delay after the d
12.2.1. WARRAN efects are noticed, and in any event not later than Thir
3.4 TY OF SU ty (30) days after the expiry of the Warranty Period.
PPLIES
GUARANT * Upon receipt of notice from the Purchaser about any

EE AND defect that occurs during the Warranty Period, the Con
WARRAN tractor/Seller shall respond immediately and make goo
12.2.1.
TY OF SU d the defect within a reasonable period, or such specifi
3.5
PPLIES c period as may be allowed by the Purchaser at the req
uest of the Contractor/Seller, without any charges and
costs to the Purchaser.
GUARANT * If the plant/equipment is found to have a defect that

EE AND can be assumed to be present also in some other porti
12.2.1.
WARRAN on of the plant/equipment, the Contractor/Seller shall i
3.6
TY OF SU nvestigate whether such further defect is present, and
PPLIES shall make good any further defects found.
GUARANT * If a defect appears, requiring immediate action due t

EE AND o the risk of resultant damage, and if the Contractor/ S
12.2.1.
WARRAN eller cannot make immediately good the defect, the pu
3.7
TY OF SU rchaser is entitled to apply all necessary measures to p
PPLIES revent or limit damage.
GUARANT * This warranty is not applicable if the defect is attribut

EE AND able to normal wear and tear or incorrect operation or
12.2.1. WARRAN negligence or willful damage on the part of the purchas
3.8 TY OF SU er.
PPLIES
GUARANT * Parts replaced or repaired under the above provision

EE AND s shall be subject to the same warranty from the Contr
WARRAN actor/Seller, and under the same conditions as apply fo
TY OF SU r the rest of the plant/equipment, for a period of one
PPLIES (1) year after such replacement or repair has been e
12.2.1. ffected. The Warranty Period for the rest of the plant/e
3.9 quipment shall be extended only by the time during wh
ich it was out of operation as a result of defects covere
d by the above provisions. Nothing contained in this cla
use shall however extend the Warranty Period by a
period beyond Two (2) years after the commissioni
ng and acceptance of the plant/equipment.
GUARANT * Defective parts which have been replaced shall be m

EE AND ade available to the Contractor/Seller without cost. Ho
12.2.1. WARRAN wever, the Contractor/Seller shall be responsible for lift
3.10 TY OF SU ing the defective parts and transporting the same at hi
PPLIES s cost from purchaser’s place within mutually agreed ti
me period.
GUARANT * In case of failure on the part of the contractor to fulfil

EE AND any warranty obligations, the Contractor/Seller shall pa
12.2.1.
WARRAN y to the purchaser such compensation, as may arise fr
3.11
TY OF SU om the breach of the warranty herein contained.
PPLIES
34 / 44
AFTER SA * The Supplier shall provide After Sales Services for at l
LES SERV east Ten (10) years after expiry of Warranty Period i
ICE n respect of servicing, supply of spares, accessor
13.1 ies, sub-assemblies and consumables at reasona
ble price and delivery schedule pertaining to the
equipments supplied by him.
AFTER SA * The Supplier should render free Technical advice on

13.2 LES SERV any matter regarding the equipments supplied by him.
ICE
AFTER SA * The Supplier should make available the services of su

13.3 LES SERV itable specialists/experts on reasonable terms and time
ICE .
GUARANT * The Vendor shall be committed to make available the

EE TO PR spares for 10 years per iod from the completion of th
14.1
OVIDE SP e warranty period.
ARES
GUARANT * Acceptance of tender for the supply of equipment on

EE TO PR the invitation will be subject to tenderers certifying tha
OVIDE SP t they have adequate servicing and spare parts facilitie
14.2
ARES s in respect of the equipment tendered for by them or t
hat they shall arrange to provide such facilities simulta
neously with the supply of the equipment.
GUARANT * Tenderers shall also undertake that supplies of neces

EE TO PR sary maintenance equipment and spare parts will be m
14.3 OVIDE SP ade available for life of the equipment on a continuous
ARES basis.
GUARANT * The successful tenderer shall warranty that before go

EE TO PR ing out of production of the spare parts he will give ad
14.4 OVIDE SP equate advance notice to the purchaser so that the lat
ARES er may order his requirements of spares in one lot, if h
e so desires.
GUARANT * The successful tenderer shall further guarantee that i

EE TO PR f he goes out of production of spare parts, then he will
OVIDE SP made available blueprints, drawings of the spare parts
ARES and specifications of materials at no cost to the purcha
14.5
ser as and when required in connection with equipmen
t to enable the purchaser as and when required in
connection with equipment to enable the purchaser to
fabricate or procure spare parts from other sources.
GUARANT * In case spares are also ordered with the equipment, t

EE TO PR enderer will undertake to offer spares for delivery alon
14.6
OVIDE SP g with the main equipment only and not before.
ARES
GUARANT * Bidders are requested to provide Manufacturer's R

EE TO PR ecommended List of Spares (MRLS) to sustain th
14.7
OVIDE SP e equipment for a period of 03 years after warrant
ARES y period as per enclosed Format.
35 / 44
Pre-Desp * Apart from PDI clauses mentioned in technical specifi
atch Insp cation, The following Pre-Despatch Inspection clause wi
15.0 ection ll form part of the contract placed on successful Bidder
Pre-Desp * The Buyer’s representatives will carry out Pre-Despat

atch Insp ch Inspection (PDI) of the
ection machines/equipment within India only in order to ch
15.1 eck their compliance with specifications in accordance
with its usual standard procedures. Upon successful co
mpletion of such PDI, the Seller and Buyer will issue an
d sign a Certificate of Conformity
Pre-Desp * The Seller shall intimate the Buyer at least 30 days

atch Insp before the scheduled date of PDI.
15.2
ection The Buyer will send his authorised representative(s) to
attend the PDI.
Pre-Desp * The list of Buyer’s representatives together with their

atch Insp particulars including name, title,
15.3 ection date and place of birth, address, etc. shall be communi
cated by the Buyer in advance to apply for the necessa
ry authorisations and clearances to be granted
Pre-Desp * The Buyer reserves the right not to attend the PDI or
atch Insp to request for postponement of the beginning of the P
ection DI by a maximum of one month from the date fixed for
such PDI in order to allow his representative(s) to atten
d such tests, in which cases he shall inform in writing t
he Seller within 15 days before the date of the beginni
ng of the PDI. Should the Buyer request for such postp
onement, liquidated damages, if any, shall not apply.
In case the Buyer informs the Seller within the period
mentioned hereinabove that he cannot attend the PDI
or in case the Buyer does not come at the postponed d
15.4 ate requested by him for performance of the PDI as m
entioned above, the Seller shall be
entitled to carry out said tests alone as scheduled.
The Certificate of Conformity and the Acceptance Test

Report will be signed by the Seller’s QA representative
alone and such documents bearing the sole signature
of the Seller’s QA representative shall have the
same value and effect as if they have been signed by b
oth the parties. In case Buyer does not elect to attend t
he PDI, the Buyer shall intimate the Seller in writing tha
t it does not wish to attend the PDI.
Pre-Desp * The Seller shall provide all reasonable facilities, acces

atch Insp s and assistance to the Buyer’s
15.5 ection representative for safety and convenience in the perfor
mance of their duties in the
Seller’s country
36 / 44
Pre-Desp * All costs associated with the stay of the Buyer’s Repr
atch Insp esentative(s) at the place where the PDI is to be carri
ection ed out, including travel expenses, boarding and lodgin
15.6 g, accommodation, daily expenses, shall be borne by t
he Buyer.
Pre-Desp In case, if the item/P&M is not accepted in 1st PDI, 2nd

atch Insp PDI may be carried out for the same and entire expenc
15.7 ection es of 2nd PDI of the Buyer (i.e. expences towards trans
portation, boarding & lodging of MSF representatives)
will be borne by the Seller.
Checking * When boxes or containers received by the Buyer are

on Receip opened for
t assembly/installation, joint checking will be done by Bu
16.0
yer and Seller for conformance to quantity and descrip
tion mentioned in the invoice. In case of any discrepan
cy, the Seller shall make good the same at his cost
17.0 -- General Guidelines for Erection & Commissioning
Working Working within the Purchaser’s factory will normally be

Hours permitted during the normal working hours (08:00AM t
o 05:00 PM) on all working days restricted within 48 hr
s. per week except Sunday & Holiday. Working on
17.1
Sunday/Holiday and for any extended hour i.e. beyond
05:00 PM on normal working days may be permitted at
the discretion of the General Manager against specific r
equest.
37 / 44
Entry and (a) The Supplier, for entrance inside the factory, will str
Working ictly comply with the security regulations in force i.e.
Condition making of temporary passes for their working personn
el and filling up of PVR forms which will be supplied aft
er numbers and names of the personnel are intimated.
The Contractor should submit the Contractor undertaki
ng & declaration in a non-judicial stamp paper for each
of his workmen and himself at the time of requesting f
or entry permission. The requisitions for all sorts of ent
ry permission are required to be submitted by the firm
well in advance. All the formats for requesting entry p
ermission shall be supplied to the Supplier on request.
(b) During working inside the factory, all the working p

ersonnel of the firm should wear ‘Maroon Coloured Jac
17.2 ket’. The name of the firm should be properly & visibly
embossed on the Jacket. Without wearing of that specif
ic jacket, nobody should allow to enter inside the facto
ry.
(c) The Purchaser will not take any responsibility what

soever, in the event of any accident met by contractor’
s men, while on their duty. The contractor should subm
it the proper Workmen Compensation Policy (Insurance
) at the time of requesting for entry permission.
(d) No Sub-contractor’s personnel, except agreed by t

he Purchaser, shall be admissible for working at site.
Work Per The Contractor shall abide by all the safety rules and re
mit Syste gulations of the purchaser’s factory providing the relev
17.3 m ant safety equipments and collect work permit from th
e purchaser well in advance starting the work at height
or underground.
38 / 44
Safety M i) To ensure better supervision of safety, it is imperativ
easure e that the contractor to deploys dedicated supervisor f
or each site. These supervisors should be physically pr
esent to oversee the entire activity at their assigned sit
e. This will help prevent incidents by enabling direct su
pervision, monitoring adherence to safety protocols, an
d addressing any issues promptly. By having dedicated
supervisors for each site, the contractor can ensure a h
igher level of accountability and enhance overall safet
y measures.
17.4
ii) To enhance safety measures, it is recommended to

avoid using bamboo structures and replace them with
adjustable steel structures or scrape holdings wheneve
r applicable, particularly for tasks performed at heights
exceeding 3 meters. Steel structure offer greater stabil
ity and strength, reducing the risk of accidents caused
by structural failure.
PART - V EVALUATION CRITERIA & PRICE BID FORMAT

No. eader
EVALUATI * The broad guidelines for evaluation of Bids will be as

ON CRITE follows:
1.0
RIA
EVALUATI * Only those Bids will be evaluated which are found to

1.1 ON CRITE be fulfilling all the eligibility and qualifying requirement
RIA s of the TE, both technically and commercially.
EVALUATI * The Technical Bids forwarded by the Bidders will be e

ON CRITE valuated by the Buyer with reference to the technical s
RIA pecifications of the plant or machine as well as the vari
ous clauses of the Tender Enquiry, including Commerci
al Terms like Delivery Schedules, Guaranteed Perform
ance, Warranty Provisions, Acceptance Criteria, After S
1.2
ales Support, etc. A “Comparative Statement” shall be
prepared based on the basis of compliance statement
and other documents furnished by bidders for analysis
of the discordance and the impact of the same. Compr
ehensive analysis of the techno- commercial offers will
form the basis for subsequent decision.
EVALUATI * The Price Bids of only those Bidders will be opened w

1.3 ON CRITE hose Technical Bids would clear the technical evaluatio
RIA n.
EVALUATI * Taxes and Duties levied by Central/State/Local Govts.

ON CRITE Such as IGST, CGST, SGST etc. on P&M and related wor
1.4 RIA ks will not be considered in determination of evaluatio
n criteria for L-1 in those cases where only Indian Bidd
ers are competing.
39 / 44
EVALUATI * Order if any, will be on Indigenous Bidders on DAP de
ON CRITE stination (F.O.R.) basis including Taxes & Duties i.e. IG
RIA ST, CGST & SGST, Transportation Charges etc. Howeve
1.5 r, all Statutory Taxes & Duties will be paid at actual at t
he time of delivery or execution.
EVALUATI * For ranking of offers, price of complete scope of supp

ON CRITE ly as detailed in technical specifications excluding the
1.6
RIA price of Spares (MRLS) & Optional Items, if any, will be
considered.
EVALUATI * If there is a discrepancy between the unit price and t

ON CRITE he total price that is obtained by multiplying the unit
RIA price and quantity, the unit price will prevail and the to
1.7
tal price will be corrected. If there is a discrepancy bet
ween words and figures, the amount in words will prev
ail for calculation of price.
EVALUATI * The Buyer reserves the right to evaluate the offers re

ON CRITE ceived by either loading offers appropriately or by usin
RIA g Discounted Cash Flow method at a discounting rate o
f 10%. In case cash flow involves more than one curren
1.8
cy, the same will be brought to a common denominatio
n in Indian Rupees by adopting exchange rate as BC S
elling rate of the State Bank of India on the date of the
opening of Price Bids.
EVALUATI * The Lowest Acceptable Bid will be considered further

ON CRITE for placement of Contract / Supply Order after complet
RIA e clarification and price negotiations, if required, as de
1.9 cided by the Buyer. There will be no negotiation if price
quoted is considered reasonable, else negotiation will
be held only with the lowest (L1) bidder.
EVALUATI * The Buyer will have the right to award contracts to di

1.10 ON CRITE fferent Bidders for being lowest in particular items.
RIA
EVALUATI * The consideration of taxes and duties in evaluation

1.11 ON CRITE process will be as follows :
RIA
EVALUATI * The Bidders are required to spell out the rates of Cust
ON CRITE oms duty, IGST, CGST & SGST in unambiguous terms;
1.11.1 RIA otherwise their offers will be loaded with the maximum
rates of duties and taxes for the purpose of deciding C
FA.
EVALUATI * If reimbursement of Customs duty / IGST / CGST / SG

ON CRITE ST is intended as extra, over the quoted prices, the Bid
RIA der must specifically say so. In the absence of any suc
1.11.2
h stipulation it will be presumed that the prices quoted
are firm and final and no claim on account of such duti
es will be entrained after the opening of tenders.
40 / 44
EVALUATI * If a Bidder chooses to quote a price inclusive of any d
ON CRITE uty and does not confirm inclusive of such duty so incl
RIA uded is firm and final, he should clearly indicate the rat
1.11.3 e of such duty and quantum of excise duty included in
the price. Failure to do so may result in ignoring of suc
h offers summarily.
EVALUATI * If a Bidder is exempted from payment of IGST / CGST

ON CRITE / SGST up to any value of supplies from them, they sho
RIA uld
clearly state that no IGST / CGST / SGST will be charge
d by them up to the limit of exemption which they may
have (with documentary evidence). If any concession i
s available in regard to rate/quantum of IGST / CGST /
SGST, it should be brought out clearly. Stipulations like
, IGST / CGST / SGST was presently not applicable but t
1.11.4 he same will be charged if it becomes leviable later on,
will not be accepted unless in such cases it is clearly st
ated by a Bidder that Excise Duty will not be charged b
y him even if the same becomes applicable later on. In
respect of the Bidders who fail to comply with this requ
irement, their quoted prices shall be loaded with the
quantum of IGST / CGST / SGST which is normally appli
cable on the item in question for the purpose of compa
ring their prices with other Bidders. The same logic app
lies to Customs duty also.
Purchase * The Procurement shall be governed as per Public Pro

Preferenc curement Policy for MSEs Order, 2012 and it's amend
e ment/revision issued time to time by GOI, Hence in or
(MSE ord der to get the benefits of MSE policy, Bidders ha
er 2012) ve to must apply for MSE purchase preference o
n GeM portal by selecting their status as MSE in
MSE status(If available on portal) & shall submit
relevant certificate.
Please note that if bidder do not select MSE stat

2.1
us even though having MSE certificate, GeM port
al shall not allow the bidder to get benefits of M
SE policy, accordingly bidder shall be treated as
non MSE firm. Benefits of MSE Policy like EMD ex
emption, Turnover relaxation & Price preference
shall be given to those MSE firms who produce t
he offered item. Further, traders/ distributors/ s
ole agent etc are excluded from the purview of P
ublic Procurement Policy for MSEs Order,2012.
Purchase If proprietor of the firm belongs to SC/ST: please menti

Preferenc on the same in compliance of ATC & Submit the releva
2.2 e nt document in support of claim otherwise your claim
(MSE ord will not be entertained.
er 2012)
41 / 44
Purchase * The relevant clauses of Public Procurement
Preferenc (Preference to Make in India), Order 2017 as communi
e cated by Ministry of Commerce and Industry, Departm
(Preferen ent of Industrial Policy and Promotion vide order no P-4
ce to Mak 5021/2/ 2017-PP(BEII), dated 04-06-2020 and it's amen
e in India dment/revision issued time to time by GOI, will be appli
) cable for procurement of this item. Accordingly only Cl
ass-I Local supplier & Class-II local supplier as defined
under the order, shall be eligible to bid in this tender b
eing an Open Tender enquiry.
Participating firms are requested to submit/attach the
DECLARATION regarding Local Content as per attached
format with this TE. Failing to which offer may liable to
be rejected"
The firm whose offered local content is more tha

n 50% (local supplier) shall get purchase prefere
2.3 nce. Hence, to get benefits of PMII policy,
Bidders must apply for PMII preference on GeM
portal and submit local content certificate. Pleas
e note that if bidder do not apply for MII purchas
e preference (If available on portal) but having l
ocal content more than 50%, GeM portal shall no
t allow the bidder to get benefits of purchase pr
eference under PMII policy
NOTE:- In case of procurement for a value in excess of

Rs. 10 crores, The ‘Class-I Local supplier’/’ Class-II Loca
l supplier’ shall be required to provide a certificate fro
m the statutory auditor or cost auditor of the company
(In case of companies) or from a practicing cost accou
ntant or practicing chartered accountant (In case of su
ppliers other than companies) giving the percentage of
local content.
Local con As per Ministry of Commerce and Industry, Departmen

tent –Imp t of Industrial Policy and Promotion vide OM No. P-450
orted ite 21/102/ 2019-BE-II-Part(1)(E-50310, dated 04-03-2021,
ms Bidder offering imported products will fall under
the category of Non-Local suppliers. Bidder can’t
2.3.1 claim themselves as class-I Local suppliers / clas
s-II Local suppliers by claiming the services such
as Transportation, Insurance, Installation, Comm
issioning, training, after sale service etc. as local
value addition.
Restrictio * Restriction under Rule 144(xi) of GFR, 2017 and its a

ns under mendment /revision issued from time to time by GOI s
Rule 144 hall be applicable for this procurement. Bidders are req
3.1
(xi) of the uested to go through the content of the order attached
GFR- 201 with tender and comply the same
7
42 / 44
Restrictio * With reference to Rule 144( xi) of GFR, 2017, firms ar
ns under e requested to submit/attach the duly filled up and sig
Rule 144 ned model certificate as per attached format with this
3.2 (xi) of the TE. Failing to which offer may liable to be rejected
GFR- 201
7
Added Bid Specific ATC
Buyer uploaded ATC document Click here to view the file .
Disclaimer/अ वीकरण
The additional terms and conditions have been incorporated by the Buyer after approval of the Competent
Authority in Buyer Organization, whereby Buyer organization is solely responsible for the impact of these clauses
on the bidding process, its outcome, and consequences thereof including any eccentricity / restriction arising in
the bidding process due to these ATCs and due to modification of technical specifications and / or terms and
conditions governing the bid. Any clause(s) incorporated by the Buyer regarding following shall be treated as
null and void and would not be considered as part of bid:-
1. Definition of Class I and Class II suppliers in the bid not in line with the extant Order / Office Memorandum
issued by DPIIT in this regard.
2. Seeking EMD submission from bidder(s), including via Additional Terms & Conditions, in contravention to
exemption provided to such sellers under GeM GTC.
3. Publishing Custom / BOQ bids for items for which regular GeM categories are available without any
Category item bunched with it.
4. Creating BoQ bid for single item.
5. Mentioning specific Brand or Make or Model or Manufacturer or Dealer name.
6. Mandating submission of documents in physical form as a pre-requisite to qualify bidders.
7. Floating / creation of work contracts as Custom Bids in Services.
8. Seeking sample with bid or approval of samples during bid evaluation process.
9. Mandating foreign / international certifications even in case of existence of Indian Standards without
specifying equivalent Indian Certification / standards.
10. Seeking experience from specific organization / department / institute only or from foreign / export
experience.
11. Creating bid for items from irrelevant categories.
12. Incorporating any clause against the MSME policy and Preference to Make in India Policy.
13. Reference of conditions published on any external site or reference to external documents/clauses.
14. Asking for any Tender fee / Bid Participation fee / Auction fee in case of Bids / Forward Auction, as the
case may be.
Further, if any seller has any objection/grievance against these additional clauses or otherwise on any aspect of
this bid, they can raise their representation against the same by using the Representation window provided in
the bid details field in Seller dashboard after logging in as a seller within 4 days of bid publication on GeM. Buyer
is duty bound to reply to all such representations and would not be allowed to open bids if he fails to reply to
such representations.
This Bid is also governed by the General Terms and Conditions/ यह बड सामा य शत के अंतगत भी शािसत है
In terms of GeM GTC clause 26 regarding Restrictions on procurement from a bidder of a country which shares a land border with India, any bidder from a country which
shares a land border with India will be eligible to bid in this tender only if the bidder is registered with the Competent Authority. While participating in bid, Bidder has to
undertake compliance of this and any false declaration and non-compliance of this would be a ground for immediate termination of the contract and further legal action
43 / 44
in accordance with the laws./ जेम क सामा य शत के खंड 26 के संदभ म भारत के साथ भूिम सीमा साझा करने वाले दे श के बडर से खर द
पर ितबंध के संबंध म भारत के साथ भूिम सीमा साझा करने वाले दे श का कोई भी बडर इस िन वदा म बड दे ने के िलए तभी पा होगा
जब वह बड दे ने वाला स म ािधकार के पास पंजीकृ त हो। बड म भाग लेते समय बडर को इसका अनुपालन करना होगा और कोई भी
गलत घोषणा कए जाने व इसका अनुपालन न करने पर अनुबंध को त काल समा करने और कानून के अनुसार आगे क कानूनी कारवाई
का आधार होगा।
---Thank You/ ध यवाद---
44 / 44

GeM Bidding 5164564

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GeM Bidding 5164564

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Bid Number/बोली मांक ( बड सं या) :

Bid Document/ बड द तावेज़

Bid Details/ बड ववरण

Bid End Date/Time/ बड बंद होने क तार ख/समय 07-09-2023 11:00:00

Bid Opening Date/Time/ बड खुलने क

Bid Offer Validity (From End Date)/ बड पेशकश

Ministry/State Name/मं ालय/रा य का नाम Ministry Of Defence

Department Name/ वभाग का नाम Department Of Defence Production

Organisation Name/संगठन का नाम Yantra India Limited

Office Name/कायालय का नाम ***********

Supply cost of Bogie Hearth Furnace , Accessories Toolings

10 MT BATCH CAPACITY ELECTRICALLY HEATED SINGLE

Minimum Average Annual Turnover of the

MSE Exemption for Turnover/टनओवर के िलए

Startup Exemption for Turnover/ टनओवर के

Bidder Turnover,Certificate (Requested in ATC),OEM

Bid to RA enabled/ बड से रवस नीलामी स य कया Yes

RA Qualification Rule H1-Highest Priced Bid Elimination

Type of Bid/ बड का कार Two Packet Bid

Primary product category Supply cost of Bogie Hearth Furnace

Time allowed for Technical Clarifications

Inspection Required (By Empanelled

Evaluation Method/मू यांकन प ित Total value wise evaluation

Financial Document Required/ व ीय द तावेज

EMD Detail/ईएमड ववरण

Advisory Bank/एडवाईजर बक State Bank of India

EMD Amount/ईएमड रािश 611744

ePBG Detail/ईपीबीजी ववरण

Advisory Bank/एडवाइजर बक State Bank of India

ePBG Percentage(%)/ईपीबीजी ितशत (%) 5.00

Duration of ePBG required (Months)/ईपीबीजी क

MII Purchase Preference/एमआईआई खर द वर यता

MII Purchase Preference/एमआईआई खर द वर यता Yes

MSE Purchase Preference/एमएसई खर द वर यता

MSE Purchase Preference/एमएसई खर द वर यता Yes

i. If number of technically qualified bidders are only 2 or 3.

Supply Cost Of Bogie Hearth Furnace

Technical Specifications/तकनीक विश याँ

Specification Document View File

BOQ Detail Document View File

Consignees/Reporting Officer/परे षती/ रपो टग अिधकार and/ तथा Quantity/मा ा

Accessories Toolings And Other Essential Items

Technical Specifications/तकनीक विश याँ

Specification Document View File

Consignees/Reporting Officer/परे षती/ रपो टग अिधकार and/ तथा Quantity/मा ा

Packing And Forwarding

Technical Specifications/तकनीक विश याँ

Specification Document View File

BOQ Detail Document View File

Consignees/Reporting Officer/परे षती/ रपो टग अिधकार and/ तथा Quantity/मा ा

Freight And Insurance

Technical Specifications/तकनीक विश याँ

Specification Document View File

BOQ Detail Document View File

Consignees/Reporting Officer/परे षती/ रपो टग अिधकार and/ तथा Quantity/मा ा

Technical Specifications/तकनीक विश याँ

Specification Document View File

BOQ Detail Document View File

Consignees/Reporting Officer/परे षती/ रपो टग अिधकार and/ तथा Quantity/मा ा

Erection Commissioning And Testing

Technical Specifications/तकनीक विश याँ

Specification Document View File