ANNEXURE – A

ENCLOSURE TO OFT TENDER ENQUIRY

I. INSTRUCTIONS REGARDING CARTEL FORMATION:

1) All the firms should desist from forming cartel as the practice is prohibited under Section 3(3) (a) & (d)
of the competition Act 2002.

2) Firms are expected to quote for full quantity or part thereof but not less than 50% of tendered quantity.
Offers for quantity less than 50% of tendered quantity will be considered unresponsive and liable to be
rejected if CARTEL Formation is suspected. The Management, reserves the right to order any quantity
on one or more firms. Wherever all or most of the approved firms quote equal rates in CARTEL, the
purchaser reserves the right to place order on any one or more firms with exclusion of the rest. The
selection of firms for placement of order would be based on of a pre -determined ranking of the firms
decided through Vendor Rating as per SOP for capacity verification (under ‘Para 24’).

3) In case of source development tender (where past -Performance-based vendor rating is not available),
the marks scored by the Firm in Appendix II of QCS letter No.108/ TTR/ TS/ QCS dated 13.09.2005 during
capacity verification by the team of officers shall be the basis of Ranking.

4) The purchaser reserves the right to place order on two or three firms: in such cases tender quantity will
be distributed between Rank 1 (R1) and Rank 2 (R2) firms in the ratio 60:40 or among R1, R2 and Rank 3
(R3) firms in the ratios 50:30:20 respectively.

5) The purchaser also reserves the right to delete the established firms who quote in CARTEL from list of
approved sources or to debar then from competing for a period to be decided by the purchaser.

6) The name of the newly established firm which enters into CARTEL formation immediately on getting
registered will be summarily deleted from the list of approved suppliers.

7) An undertaking from the new firms that they will not be part of a cartel with other vendors and will
quote competitive rates in the tenders: otherwise would face expulsion from the list of vendor’s will be
taken while approving the new firms for participation against source development tender.

PURCHASER’S RIGHT TO DISTRIBUTE QUANTITY UNDER PROCUREMENT TO MORE THAN ONE VENDOR

In case of participating Micro & Small Enterprises (MSEs) quoting price within price band of L1 +
15% shall also be allowed to supply a portion of requirement by bringing down their price to L1 price in
situation where L1 price is from someone other than a MSE shall be allowed to supply up to 20% of the
total tendered value.

Declaration of UAM (Udyog Aadhar Memorandum) number by MSEs

MSE (Micro and Small Enterprise) vendors are requested to declare their UAM number on GeM
portal and MSE bidders who fail to submit UAM number shall not be able to avail the benefits to
MSEs as contained in Public Procurement Policy for MSEs Order, 2012 for tenders invited
electronically through GeM (Government e-market place).
 ANNEXURE B
ENCLOSURE TO OFT TENDER ENQUIRY

SPECIAL INSTRUCTIONS:

Kindly confirm your unconditional acceptance for the following terms in your offer, failing which your offer will
not be considered:

a) Inspection : At our factory by our factory

b) Payment : 100% within 30 days from the date of receipt and acceptance

c) Performance Security Deposit (PSD):

1) You will submit PSD for an amount equal to 5% of order value, in the form of Bank Guarantee / Fixed
Deposit Receipt issued by any public sector bank/ private sector bank (With single account holder
only) authorized to conduct govt. business within 30 days, in case order is finalized on you.
2) This PSD should remain valid for a period of 60 days beyond the date of completion of all
contractual obligations including warranty obligation (14 months from last accepted
consignment).
3) PSD will be returned on successful completion of all obligations under the contract.
4) PSD will be forfeited in case of failure to execute the order with in supply schedule.
5) Warrantee and Guarantee: One year
6) Option Clause: Purchaser reserves the right to increase the order quantity up to 25% during the
currency of the contract.
7) NABL / Govt. Test Certificates are to be submitted for all parameters as per specification /drawing
15 days before supply of consignment.

NOTE:

1. In case your offer is silent about any of the above clauses, then it will be taken that you agree for the same.
2. Kindly indicate all elements of cost (like GST, Transportation Testing Charges , etc., wherever applicable) in
your offer, similar to Invoice, in order to work out the tot al landed cost till receipt (including unloading)
of item at our Go-down.
3. Please avoid mentioning like GST Extra as applicable, Transportation Charges: Extra at actual, etc., Instead,
percentage of GST Tax, etc., applicable as on date is to be mention ed. Transportation Charges is to be
indicated separately wherever the same is not included in Basic Rate.
4. In case you are not in a position to submit your offer against this Tender Enquiry, then you are required to
return complete set of this Tender Enquiry (along with all enclosures) with your regret offer, duly indicating
the reason for non -participation.
5. In case of non-response from your end against our Tender Enquiry, it will be presumed that you are
not interested in doing business with our factory and no Tender Enquiry will be issued to you in future.
6. Ours being a Central Government Organization, insurance charges if any are to be borne by you only.

NOTE:

Taxes and Duties levies by Central/ State/ Local Governments such as GST etc., on final product will not
be used in evaluation criteria for L -1 determination. Hence firms are requested to offer their price in
brief along with taxes and other expenses.
 ANNEXURE-C
GENERAL INFORMATION
1. Submission of Bids: Bids should be submitted by Bidders using the format provided in this
Tender Enquiry, inter alia furnishing details like TIN number, VAT/ CST number, Bank
address with EFT Account for e -payment.

2. Clarification regarding contents of the Tender Enquiry: A prospective bidder w ho requires

clarification regarding the contents of the bidding documents shall notify to the Buyer in writing
about the clarifications sought not later than 14 (fourteen) days prior to the date of opening of
the Bids. Contents of the query and clarification by the purchaser will be made available to all
prospective bidders if felt necessary.

3. Modification and Withdrawal of Bids: A bidder may modify or withdraw his bid after
submission, if felt necessary. Latest Bid submitted will be considered. System will not consider
the previous Bids.

4. Clarification regarding contents of the Bids: During evaluation and comparison of bids,
the Buyer may, at its discretion, ask the bidder for clarification of his bid. The request for
clarification will be given in writing/ e -mail and no change in prices or substance of the bid
will be sought, offered or permitted. No post -bid clarification on the initiative of the bidder
will be entertained.

5. Rejection of Bids: Canvassing by the Bidder in any form, unsolicited letter and post - tender
correction may invoke summary rejection of the Bid and other actions as deemed fit, including
delisting of the Bidder from our list, will be taken. Conditional tenders will be rejected.

6. Validity of Bids: The Bids should remain valid till 90 days from the date opening of Bids.

7. Withdrawal of Bids: After opening of Bids, withdrawal of Bid on any grounds will not be
considered. In case of such withdrawal,actions as deemed fit, including delisting of the Bidder
from our list, will be taken.

8. Earnest Money Deposit: Bidders are required to submit Earnest Money Deposit (EMD) for
amount as indicated in the Tender Schedule. The EMD may be submitted in the form of an
Account Payee Demand Draft/Fixed Deposit Receipt/Banker’s Cheque /Bank Guarantee from
any of the Commercial Banks or payment online in an acceptable form, as per Form given at
Annexure 22 of OFBPM-13 (Available in website of OFB http:/ / ofbhq.ofb.net). EMD is to remain
valid for a period of forty -five days beyond the final bid validity period.
EMD of the unsuccessful bidders will be returned to them at the earliest after expiry of the final
bid validity and latest on or before the 30th day after the award of the contract. The Bid Security
of the successful bidder would be returned, without any interest whatsoever, after the receipt
of Performance Security from them as called for in the contract.
EMD is to be obtained from the bidders except Micro and Small Enterprises(MSEs) as defined in
MSE Procurement Policy issued by Department of Micro, Small and Medium Enterprises (MSME) or
are registered with Ordnance Factories or the Central Purchase Organization or the
concerned Ministry or Department or Startups as recognized by Department of Industrial Policy
& Promotion(DIPP).
EMD will be forfeited if the bidder withdraws or amends impairs or derogates from the tender in
any respect within the validity period of their tender.
 ANNEXURE-D

ESSENTIAL TERMS

Kindly submit your Bid for the following terms, failing which you r offer will not be considered:

a) Inspection: At our factory by our factory

b) Payment: 100% within 30 days from the date of receipt and acceptance
c) Performance Bank Guarantee / Performance Security Deposit (PSD):
1) You will submit PSD for an amount equal to 5% of` order value, in the form of in the form of Fixed
Deposit Receipt from a Commercial Bank or Bank Guarantee from a Commercial Bank (With
single account holder only) authorized to conduct govt. business within 30 days, in case order is
finalized on you.

2) This PSD should remain valid for a period of 60 days beyond the date of Completion of all
contractual obligations including warranty obligation.

3) PSD will be returned on successful completion of all obligations, including warranty

obligation, under the contract.

4) PSD will be forfeited in case of failure to execute the order with in supply schedule .
d) Warrantee and Guarantee: One year
e) Option Clause: Purchaser reserves the right to increase the order quantity up to 25% of order quantity
within delivery period.

f) Test Certificates obtained from any NABL/ Govt. approved laboratory are to be submitted for all
parameters of all Raw Materials used and for other Testing requirements as per specification/
drawing as applicable along with supply of samples.

g) We have the right to draw Raw Material samples before manufacture, wherever felt necessary.

h) Bids with conditions contrary to the above will not be considered.

 ANNEXURE-E
STANDARD CONDITIONS
The following Standard Conditions of this Tender Enquiry will considered as part of the Contract
concluded with the successful Bidder (i.e. Seller in the Contract) as selected by the Buyer. Bids/ Offers
with conditions contrary to these conditions will not be considered.
1. Law: The Contract shall be considered and made in accordance with the laws of the Republic of
India. The contract shall be governed by and interpreted in accordance with the laws of the Republic
of India.
2. Effective Date of the Contract : The contract shall come into effect on the date of receipt of
the contract (Effective Date) and shall remain valid until the completion of the obligations of the
parties under the contract. The deliveries and supplies and performance of the services shall
commence from the effective date of the contract.
3. Arbitration: All disputes or differences arising out of or in connection with the Contract shall be
settled by bilateral discussions. Any dispute, disagreement or question arising out of or relating t o
the Contract or re lating to construction or performance, which cannot be settled amicably, may be
resolved through arbitration. The standard clause of arbitration is as per Forms 11C,11D and 11E
(Available in website of OFB http:// ayudh.net/ - in Policies - Annexure to OFB
Procurement Manual, 201 8).
4. Penalty for use of Undue influence : The seller undertakes that he has not given, offered or
promised to give, directly or indirectly, any gift, consideration, reward, commission, fees, brokerage
or inducement to any person in service of the Buyer or otherwise in procuring the Contracts or
forbearing to do or for having done or forborne to do any act in relation to the obtaining or
execution of the present Contract or any other Contract with the Government of India for showing or
forbearing to show favour or disfavour to any person in relation to the present Contract or any other
Contract with the Government of India. Any breach of the aforesaid undertaking by the Seller or any
one employed by him or acting on his behalf (whether with or without the knowledge of the Seller)
or the commission of any offers by the Seller or anyone employed by him or acting on his behalf, as
defined in Chapter IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act, 1986 or
any other Act enacted for the prevention of corruption shall entitle the Buyer to cancel the contract
and all or any other contracts with the Seller and recover from the Seller the amount of any loss
arising from such cancellation.
A decision of the Buyer or his nominee to the effect that a breach of the undertaking had been
committed shall be final and binding on the Seller. Giving or offering of any gift, bribe or inducement
or any attempt at any such act on behalf of the Seller towards any officer/ employee of the Buyer or
to any other person in a position to influence any officer/ employees of the Buyer for showing any
favour in relation to this or any other contract, shall render the Seller to such liability/ penalty as the
Buyer may deem proper, including but not limited to termination of the contract, imposition of
penal damages, forfeiture of the Bank Guarantee and refund of the amounts paid by the Buyer.
5. Agents/ Agency Commission : The seller confirms and declares to the Buyer that the Seller is the
original manufacturer of the stores/ provider of the services referred to in this Contract and has not
engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or
in any way to recommend to the Government of India or any of his 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 respect of any such intercession, facilitation
or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the
Buyer that the present declaration 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 any
amount, gift, reward, fees, commission or consideration to such person, party, firm or Institution,
whether before or after the signing of this contract, the Seller will be liable to refund t hat amount
to the Buyer.
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The Seller will also be debarred from entering into any supply Contract with the Government of
India for a minimum period of five years. The Buyer will also have a right to consider cancellation of
the Contract either wholly or in part, without any entitlement or compensation to the Seller who
shall in such an 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 alum above LIBOR rate. The Buyer will also have the right to
recover any such amount from any contracts concluded earlier with the Government of India.

6. Access to Books of Accounts: In case it is found to the satisfaction of the Buyer that the Seller has
engaged an Agent or paid commiss ion or influenced any person to obtain the contract as described
in clauses relating to Agents/ Agency Commission and penalty for use of undue influence, the Seller,
on a specific request of the Buyer, shall provide necessary information/ inspection of the relevant
financial documents, information.

7. Non-disclosure of Contract documents: Except with the written consent of the Buyer/ Seller,
other party shall not disclose the contract or any provision, specification, plan, design, pattern,
sample or information thereof to any third party.

8. Liquidated Damages: In the event of the Seller’s failure to deliver the goods by the date specified in
the contract, the Buyer may deduct from the Seller as liquidated damages the sum of 0.5 % of the
contract price of the un delivered goods for delay of each week or part of week and the Seller shall
submit the documents after deduction of the liquidated damages subject to a maximum of 10% of
the contract price of the undelivered goods. But if the delay is on account of any cause, which is not
attributable to the seller and the Seller promptly notifies to the Buyer and the Buyer admits as a
reasonable ground for extending the time for delivery, no liquidated damages will be leviable during
the additional time thus agreed to by t he Buyer.

In the event of the Seller’s failure to submit the Bonds, Guarantees and Documents, supply the
stores/ goods and conduct trials, installation of equipment, training, etc wherever applicable, the
Buyer may, at his discretion, withhold any payment until the completion of the contract.

9. Termination of Contract: The Buyer shall have the right to terminate this Contract in part or in full
in any of the following cases:

(a) The delivery of the material is delayed for more two months after the scheduled date of delivery.
(b) The Seller is declared bankrupt or becomes insolvent.
(c) The Buyer has noticed that the Seller has utilized the services of any Indian/ Foreign agent in
getting this contract and paid any commission to such individual/ company etc.
(d) As per decision of the Arbitration Tribunal.

10. Notices: Any notice required or permitted by the contract shall be written in the English language
and may be delivered personally or may be sent by FAX or registered pre -paid mail/ airmail,
addressed to the last known address of the party to whom it is sent.

11. Transfer and Sub-letting: The Seller has no right to give, bargain, sell, assign or sublet or otherwise
dispose of the Contract or any part thereof, as well as to give or to let a third party take benefit or
advantage of the present Contract or any part thereof.

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 -3-

12. Patents and other Industrial Property Rights : The prices stated in the present Contract shall be
deemed to include all amounts payable for the use of patents, copyrights , registered charges,
trademarks and payments for any other industrial property rights, The Seller shall indemnify the
Buyer against all claims from a third party at any time on account of the infringement of any or all
the rights mentioned in the previous paragraphs, whether such claims arise in respect of
manufacture or use.

13. Amendments: No provision of present Contract shall be changed or modified in any way (including
this provision) either in whole or in part, except by mutually agreed instrument in writing made
after the date of this Contract which expressly states to amend the present Contract.

14. Taxes and Duties:

1. If Bidder desires to ask for GST (CGST, SGST&IGST), the same must be specifically stated. In the
absence of any such stipulation, it will be presumed that the prices include all such charges and
no claim for the same will be entertained.

2. If reimbursement of any GST (CGST,SGST&IGST) is intended as extra over the quote prices, the
Bidder must specifically say so. In the absence of any s uch stipulation it will be presumed that
the prices quoted are firm and final and no claim on account of such GST(CGST,SGST&IGST) will be
entertained after the opening of tenders.

3. If a Bidder chooses to quote a price inclusive of any GST(CGST,SGST&IGST) a nd does not confirm
inclusive of such GST(CGST,SGST&IGST) so included is firm and final, he should clearly indicate the
rate of such GST(CGST,SGST&IGST) and quantum of such GST(CGST,SGST&IGST) included in the price.
Failure to do so may result in ignoring of such offers summarily.

4. If a Bidder is exempted from payment of any GST(CGST,SGST&IGST)up to any value of supplies

from them, he should clearly state that no such GST will be charged by him up to the limit
of exemption which he may have. If any concession is available in regard to rate, quantum of
any GST, it should be brought out clearly. Stipulations like, the said GST was presently not
applicable but the same will be charged if it becomes leviable later on, will not be accepted
unless in such cases it is clearly stated by a Bidder that such GST will not be charged by him
even if the same becomes applicable later on. In respect of the Bidders, who fail to comply with
this requirement, their quote prices shall be loaded with the quantum of such Tax which is
normally applicable on them in question for the purpose of comparing their prices with other
Bidders.

5. Any change in any GST upward/ downward as a result of any statutory variation in TAX taking
place within contract terms shall be allowed to the ex tent of actual quantum of such Tax paid by
the supplier. Similarly, in case of downward revision in any Tax the actual quantum of reduction
of such TAX shall be reimbursed to the Buyer by the Seller. All such adjustments shall include all
relief’s, exemption, rebates, concession etc. if any obtained by the Seller.
15. CGST
1. Where the CGST duty is payable on advalorem basis, the Bidder should submit along with the
tender, the relevant form and the Manufacturer’s price list showing the actual e value of the
stores as approved by the TAX authorities.
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 -4-

2. Bidders should note that in case any refund of GST is granted to them by TAX authorities in
respect of Stores supplied under the contract, they will pass on the credit to the Buyer
immediately along with a certificate that the credit so passed on relates to the GST, originally
paid for the stores supplied under the contract. In case of their failure to do so, within 10 days o
f the issue of the GST refund orders to them by the TAX Authorities the Buyer would be
empowered to deduct a sum equivalent to the amount refunded by the GST Authorities without
any further reference to them from any of their outstanding bills against the contract or any
other pending Government Contract and that no disputes o n this account would be raised
by them.

3. The Seller is also required to furnish to the Paying Authority the following certificates:
a) Certificate with each bill to the effect that no refund has been obtained in respect of the
reimbursement of GST made to the Seller during three months immediately preceding the
date of the claim covered by the relevant bill.
b) Certificate as to whether refunds have been obtained or applied for by them or not in
the preceding financial year after the annual Audit of their accounts also indicating
details of such refunds/ applications, if any.
c) A certificate along with the final payment bills of the Seller to the effect whether or not they
have any pending appeal/ protest for refund or partial refund of CGST already reimbursed to
the Seller by the Government pending with the Tax authorities and if so, the nature, the
amount involved, and the position of such appeals.
d) An undertaking to the effect that in case it is detected by the Government that any
refund from Tax Authority was obtained by the Seller after obtaining reimbursement
from the Paying Authority, and if the same is not immediately refunded by the Seller to
the Paying Authority giving details and particulars of the transactions, Paying Authority
will have full authority to recover such amounts from the Seller’s outstanding bills against
that particular contract or any other pending Government contracts and that no dispute
on this account would be raised by the Seller.

4. Unless otherwise specifically agreed to in terms of the contract, the Buyer shall not be liable for
any claim on account of fresh imposition and/ or increase of GST on raw materials and/ or
components used directly in the manufacture of the contracted stores taking place during the
pendency of the contract.

16. Any Other Tax

1. If it is desired by the Bidder to ask for other tax to be paid as extra, the same must be specifically
stated indicating the percentage applicable. In the absence of any such stipulation in the bid, it
will be presumed that the prices quoted by the Bidder are inclusive of other tax and no liability
of other tax will be developed upon the Buyer.

2. On the Bids quoting other tax, the rate and the nature of other Tax applicable at the time of
supply should be shown separately. Other tax wi ll be paid to the Seller at the rate at which it is
liable to be assessed or has actually been assessed provided the transaction of sale is legally
liable to other tax and the same is payable as per the terms of the contract.
 ANNEXURE-F
SPECIAL CONDITIONS

The Bidder is required to give confirmation of their acceptance for the following special conditions ,
which will automatically be considered as part of the Contract concluded with the successful Bidder
(i.e. Seller in the Contract) as selected by the Buyer.

1. Performance Bank Guarantee / Performance Security Deposit (PSD):

The Bidder will be required to furnish a Performance Guarantee by way of Fixed Deposit Receipt
from a Commercial Bank or Bank Guarantee from a Commercial Bank, for a sum equal t o 5% of
the contract value within 30 days of receipt of the confirmed order. Performance Bank Guarantee
should be valid up to 60 days beyond the date of warranty. The specimen of PBG is given available in
website OFB http:// ayudh.net/ - in Policies – Annexures-20 of the OFB Procurement Manual,
2018.

2. Option Clause:
The contract will have an Option Clause, wherein the Buyer can exercise an option to procure in
additional to the original contracted quantity in accordance with the same terms and conditions of
the present contract. However it will be entirely the discretion of the Buyer, to exercise this
option or not.

3. Tolerance Clause:
To take care of any change in the requirement during the period starting from issue of this Tender
Enquiry till placement of the contract, Buyer reserves the right to increase or decrease the quantity of
the required goods up to 5 % limit without any change in the terms & conditions and prices
quoted by the Seller. While awarding the contract, the quantity ordered can be increased or
decreased by the Buyer within this tolerance limit.

4. Payment Term:
It will be mandatory for the Bidders to indicate their bank account numbers and other relevant
e-payment details so that payments could be made through ECS/ EFT Mechanism instead of payment
through cheques. A copy of the model mandate form prescribed by RBI to be submitted by Bidders
for receiving payments through ECS is available in website of OFB http:/ / ayudh.net/- in Policies –
Annexure 18 of the OFB Procurement Manual, 2018).
Payment will be made as per the following terms, on production of the requisite documents:
100% Payment within 30 days on receipt and acceptance by the consignment. Suppliers
are required to submit the following along with their Contractor’s Bill:
i. Ink-signed copy of Contractor’s (Seller’s) Bill.
ii. Ink-signed copy of Commercial Invoice/ Seller’s Bill.
iii. Copy of Supply Order along with final Bill
iv. Claim f o r statutory and other levies to be supported with requisite
documents/ proof of payment such as Excise duty challan, Customs duty
clearance certificate, Octroi receipt, proof of payment for EPF/ ESIC contribution
with nominal roll of beneficiaries, etc as applicable.
v. Exemption certificate for Excise duty/ Customs duty, if applicable.
vi. Guarantee/ Warranty certificate.
vii. Details for electronic payment viz Account holder’s name, Bank name, Branch
name and address, Account type, Account number, IFSC Code, MICR Code (if
these details are n ot incorporated in supply order/ contract).
viii. Any other document/ certificate that may be provided for in the Supply
Order/ Contract.
(Contd…2)
 …2…
5. Advance Payment:
No advance payment will be made.
6. Fall clause:
The following fall clause will form part of the contract placed on successful Bidder:
a. The price charged for the stores supplied under the contract by the Seller shall in no event
exceed the lowest prices at which the Seller sells the stores or offer to sell stores of identical
description to any person s/ Organization including the purchaser or any department of the Central
government or any Department of state government or any statutory undertaking the central or
state government as the case may be during the period till performance of all supply Orders placed
during the currency of the rate contract is completed.

b. If at any time, during the said period the Seller reduces the sale price, sells or offer to sell such
stores to any person/ organization including the Buyer or any Deptt, of central Govt. or any
Department of the State Government or any Statutory undertaking of the Central or state
Government as the case may be at a price lower than the price chargeable under the contract, the
shall forthwith notify such reduction or sale or offer of sale to the Director general of Supplies
& Disposals and the price payable under the contract for the stores of such reduction of sale or offer
of the sale shall stand correspondingly reduced. The above stipulation will, however, not apply to:

i. Exports by the Seller.

ii. Sale of goods as original equipment at price lower than the prices charged for normal
replacement.
iii. Sale of goods such as drugs which have expiry dates.
iv. Sale of goods at lower price on or after the date of completion of sale/ placement of the order
of goods by the authority concerned under the existing or previous Rate Contracts as also
under any previous contracts entered into with the Central or State Govt. Depts, including
their undertakings excluding joint sector companies and/ or private parties and bodies.

c. The Seller shall furnish the following certificate to the Paying Authority along with each bill f or
payment for supplies made against the Rate contract – “We certify that there has been no reduction
in sale price of the stores of description identical to the stores supplied to the Government under the
contract herein and such stores have not been offered/ sold by me/ us to any person/ organization
including the purchaser or any department of Central Government or any Department of a state
Government or any Statutory Undertaking of the Central or state Government as the case may be up
to the date of bill/ the date of completion of supplies against all supply orders placed during the
currency of the Rate Contract at price lower than the price char ged to the government under the
contract except for quantity of stores categories under sub -clauses (a),(b) and (c) of sub -para (ii)
above details of which are given below ........... ”.

7. Risk & Expense Clause

1. Should the stores or any installment thereof not be delivered within the time or times specified
in the contract documents, or if defective delivery is made in respect of the stores or any installment
thereof, the Buyer shall after granting the Seller 45 days to cure the breach, 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`.
2. In case of a material breach that was not remedied within 45 days, the BUY ER shall, having given
the right of first refusal to the SELLER be at liberty to purchase, manufacture, or procure from any
other source as he thinks fit, other stores of the same or similar description to make good: -
(Contd…3)
 …3…

a. such default
b. In the event of the contract being wholly determined the balan ce of the store remaining to
be delivered hereunder.
3. Any excess of the purchase price, cost of manufacturer, or value of any stores procured from any
other supplier as the case may be, over the contract price appropriate to such default or balance
shall be recoverable from the SELLER.

8. Quality:

The quality of the stores shall be strictly as per the technical conditions and standards/ specifications
of the contract.

9. Inspection Instrument s, Equipments, Gauges, etc:

Buyer will not provide any Inspection Instruments, Equipments, Gauges, etc. and the same are to be
arranged by the Seller. However Gauge Drawings/ Gauge Schedule shall be provided by the Buyer on
request.

10. Warranty :
The following Warranty will form part of the contract placed on the successful Bidder -
i. Except as otherwise provided in the invitation tender, the Seller hereby declares that the goods,
stores articles sold/ supplied to the Buyer under this contract shall be of the best quality and
workmanship and new in all respects and shall be strictly in accordance with the specification and
particulars contained/ mentioned in contract. The Seller hereby guarantees that the same goods/
stores, articles would continue to conform to the description and quality aforesaid for a period
of 12 months from the date of delivery of the said goods stores/ articles to the Buyer and that
notwithstanding the fact that the Buyer may have inspected and/ or approved the said
goods/ stores/ articles, if during the aforesaid period of 12 months the said goods/ stores/ articles be
discovered not to conform to the description and quality aforesaid not giving satisfactory
performance or have deteriorated, and the decision of the Buyer in that behalf shall be final and
binding on the Seller and the Buyer shall be entitled to call upon the Seller to rectify the
goods/ stores/ articles or such portion thereof as is found to be defective by the Buyer within
two months on application made thereof by the Seller, and in such an event, the above period shall
apply to the goods/ stores/ articles rectified from the date of rectification mentioned in warranty
thereof, otherwise the Seller shall pay to the Buyer such compensation as may arise by reason of the
breach of the warranty therein contained.

ii. Guarantee that they will supply spare parts, if and when required on agreed basis for an agreed
price. The agreed basis could be and including but without any limitation an agreed discount on
the published catalogue or an ag reed percentage of profit on the landed cost.
iii. Warranty to the effect that before going out of production for the spare parts they will give
adequate advance notice to the Buyer of the equipment so that the latter may undertake the
balance of the life time requirements.
iv. Warranty to the affect that they will make available the blue prints of drawings of the spares if
and when required in connection with the main equipment.

11. Fixed Price Contract: The Contract will be a ‘Fixed Price Contract’ .
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 ANNEXURE-G

EVALUATION CRITERIA & PRICE BID ISSUES

Evaluation Criteria - The broad guidelines for evaluation of Bids will be as follows:
a. Only those Bids will be evaluated which are found to be fulfilling requirements of the Tender
Enquiry, both technically and commercially.
b. Taxes and Amendment on Taxes and Duties levie d by Central/ State/ Local Governments such as
CGST, SGST, IGST, CESS, etc., on final product will not be used in evaluation criteria for L -1
determination. Hence firms ar e requested to offer their price in brief along with taxes and other
expenses.
c.. If reimbursement of CGST/ SGST/ IGST is intended as extra, over the quoted prices the Bidder must
specifically say so. In the absence of any such stipulation it will be presumed that the prices quoted
are firm and final and no claim on account of such duties will be entrained after the opening of
tenders. If a Bidder chooses to quote a price inclusive of any duty and does not confirm inclusive o f
such duty so included is firm and final, he should clearly indicate the rate of such Tax and quantum
of GST included in the price. Failure to do so may result in ignoring of such offers summarily. If a
Bidder is exempted from payment of GST up to any value of supplies from them, they should clearly
state that no GST will be charged by them up to the limit of exemption which they may have. If any
concession is available in regard to rate/ quantum of GST, it should be brought out clearly.
Stipulations like, GST was presently not applicable but the same will be charged if it becomes
leviable later on, will not be accepted unless in such cases it is clearly stated by a Bidder that GST
will not be charged by him even if the same becomes applicable later on. In respect of the Bidders
who fail to comply with this requirement, their quoted prices shall be loaded with the quantum
of GST which is normally applicable on the item in question for the purpose of comparing their
prices with other Bidders.
d. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the
unit price and quantity, the unit price will prevail and the total price will be corrected. If there is a
discrepancy between words and figures, the amount in words will prevail for calculation of price.
e. The Lowest Acceptable Bid will be considered further for placement of contract/ Supply Order after
complete clarification and price negotiations as decided by the Buyer. The Buyer will have the right
to award contracts to different Bidders for being lowest in particular items. The Buyer also reserves
the right to do Apportionment of Quantity, if it is convinced that Lowest Bidder is not in position to
supply full quantity in stipulate time.

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