Tender Document No.___________________________ Application Form Fees Rs.
Tender No. - BCCL/PUR/
a) Last date and time for receipt of tender by____________________ 1.00 PM.
b) Date & time for opening of tender by ________________________ 3.00 PM.
c) Any tender received after 1.00 PM on ________________________ shall not be considered for opening. For any postal delay BCCL will not be responsible.
d) Place of tender opening: MM Divn., Koyla Bhawan , Dhanbad.
SCHEDULE OF SPECIFICATION & IMPORTANT TERMS & CONDITIONS
Sub: Quotation for supply of:___________________ ________________________ ________________ _____________________ __________________________ ____________________________________
Sealed tenders in duplicate are invited from bonafide manufacturers or their dealers specially authorised to quote by the Manufacturer on their behalf, for supply of stores to BCCL. Tenders shall be governed by the General Terms and Conditions attached, unless otherwise specially mentioned in the Special Terms and Conditions.
1. Tenderers are required to deposit along with their tender a bank draft of any nationalised bank drawn in favour of “BHARAT COKING COAL LIMITED” payable at DHANBAD towards the charge for application form fee for the amount indicated above.
2. Tenders are to be prepared strictly as per the technical specifications, general terms and conditions as indicated in this tender documents.
3. Tenderer should strictly comply with the following instructions:
3.1 The tenderer is required to submit their bid in one sealed envelope containing two separate LAC/PVC SEALED COVERS prominently superscribed as Part - I TECHNO -COMMERCIAL BID, PART - II PRICE BID, and in all the three envelopes the tender no and due date of opening should be indicated.
3.2 TECHNO COMMERCIAL BID
A) TECHNICAL BID : will consist of full details of the firm, technical resources, list of P&M available information on the supplies of similar equipment/stores to different parties, testimonials and documentary evidence in support of satisfactory performance and any other relevant information.
Full details and specification of item quoted with technical literature, drawings etc.,wherever DGMS approval is required a copy of valid DGMS and ISI license to be enclosed. A manufacturer shall be considered as proven, if their product has been used in BCCL in the past with satisfactory performance or the manufacturer has supplied these items to any other subsidiary of CIL or any other GOVT/PUBLIC SECTOR(GOVT) UNDERTAKING against regular orders placed by the MM Division of the HQ for similar application. For the items of spares, the tenderer shall be considered technically qualified who are
i. OEM, their sole selling Agent/Territory Distributors, or
ii. Manufacturer or Sole Selling agent, or Distributor of the Manufacturer who have supplied Similar items to BCCL against regular orders/rate contract, or
iii. Manufacturer or Sole Selling agent, or Distributor of Manufacturer who are regular supplier of similar item to OEM or any subsidiary of CIL or any other Govt. undertaking or firm.
As a proof of regular supplier, the tenderer must submit the Authenticated supply order copies for the quoted/similar items and performance report if any. In case of copies of orders of CIL or its subsidiaries the rates and quantity should not be erased.
B) COMMERCIAL BID :
i. Should consist of ownership status viz. company, partnership, Govt. Undertaking etc.
ii. Financial data:-Current Income tax clearance certificate, valid sales tax clearance certificate, details of registration/enlistment with Govt. / Semi-Govt. organisation etc. (DGS&D/NSIC/SSI/CIL or any other PSU etc.)
All the testimonials and above information should be submitted duly authenticated with stamp. All the papers of the tender documents must be serially numbered .
iii. Payment Terms :
The following payment terms will govern this tender. The tenderers are requested not to put any additional condition in their tender and shall quote strictly as the terms of payment which is as follows:
a. “100% payment shall be made by Paying Authority within 30 days of receipt and acceptance of the consignment at site or from the date of receipt of Bill, whichever is later, by the consignee”.
iv. DELIVERY PERIOD:
Firm must indicate the delivery schedule in clear terms indicating commencement date offered and rate of delivery per month/per quarter. The time of completion should also be mentioned in clear terms.
v. LIQUIDATED DAMAGE : AS PER GENERAL TERMS & CONDITIONS
vi. PRICE VARIATION : The rates quoted in price bid should be on "FIRM" basis with no escalation clause whatsoever during execution of the contract.
vii. GUARANTEE/WARRANTEE : For a period of 18months from the date of supply or 12 months from the date of commissioning(of equipments) whichever is earlier.
viii. PERFORMANCE GUARANTEE : In the case of equipment or where specified and in the event of acceptance of tender, tenderers will furnish a Bank guarantee equivalent to 10% of the value of the order for Warranty period .
ix. SECURITY DEPOSIT: The successful tenderers will be required to deposit 5% of the value of the order or Rs.10,000/- whichever is lower in form of cash/Bank Guarantee/NSC before release of order. The firm registered with DGS&D/NSIC/BCCL will be exempted from the same. Failure to deposit the security deposit within the specified period shall entitle BCCL to make other arrangement for supply at the risk and expense of the defaulting supplier
x. VALIDITY : Tenders must hold good for 180 days from the date of tender opening.
PART - II PRICE BID(IN SEPARATE SEALED COVER)
ii. It will consist of rates on FOR Destination basis with break up as indicated here in .
iii. Price : Unless otherwise specified else where in this document, the rates should be quoted itemwise. Price must be quoted on landed price basis. The price to be charged by you must clearly be spelt out as per Annexure 'A' (schedule of items) with following details:-
a. Basic ex-works rate.
b. Packing & forwarding charges if any.
c. Excise duty – Proof of excise duty payment to be submitted along with the consignment & bill. In case ED is included in the Landed Price , the rate of ED must also be indicated
d. Sales tax.
e. Any other taxes/duties (details to be furnished).
f. Road Transportation Charges (Maximum) : In case the prices are quoted on ex-works basis, the road transportation charges upto the site must be quoted. Reimbursement of freight charges shall be done subject to production of transporter's bill.
g. Final landed price.
h. One blank Part-II offer i.e the complete Part-II(PRICE BID) offer except the price should be submitted along with the techno-commercial bid(Part-I)
iv. Tenderers who quote on other than the landed cost basis, their price shall be subjected to usual load, as per the procedure prevailing in the Company.
4. At any time before deadline for submission of tenders ,BCCL may modify the tender document by issue of an amendment and extend the date of receipt and opening of the tenders accordingly.
5. Tenders should be neatly typed .No hand written tenders shall be accepted. Corrections wherever unavoidable, shall be made by crossing out and rewritten, attested with full signatures and date by the tenderers.
6. The tenderer shall closely peruse all specifications and clauses which govern the rates for which they are submitting their tender.
offer should be shown separately from the main offer and the price bid enclosed
in a separate sealed cover marked price bid for alternative offer.
8. Catalogues, Manuals: For each equipment under supply, two copies of the parts catalogue, operation and maintenance manual shall be submitted to the consignee. One copy of the parts catalogue shall be submitted to this office.
9. After Sales Service:
The successful tenderer shall have to give following:
i) Each consignment of equipment will be accompanied by a card/tag bearing the details of equipment, name and address of suppliers so that the supplier may be intimated at the time of installation and commissioning.
ii) Minimum two free inspection would be carried out by the supplier in an year and the report shall be submitted to the concerned technical head, BCCL and the concerned area.
iii) Review of performances of the equipment shall be done once per annum by the concerned technical head wherein the firm would be invited to attend.
10. Price Fall Cause:
i) Price charged for stores/Equipment to be supplied under the purchase order/contract by the vendor shall in no event exceed the lowest price at which the vendor sell the stores/eqpt. or offer to sell the stores/eqpt. of identical description to any other customer during the tenure of the purchase order contract.
ii) If at any time during the said period the supplier/vendor reduces the sale price, sells or offer to sell such stores/eqpt. to any other customer at a price lower than the price chargeable under the purchase order/contract they shall forthwith notify such reduction of sale or offer of sale to us to enable us to amend the rate of order & they shall refund extra amount if already collected.
Purchase Preference: Purchase Preference shall be allowed to Govt. Deptt
/Public Sector Undertaking and Ancillary
units as per the Govt/Co’s guideline
on commercial terms. such as terms of delivery from ex-works /FOR despatch station
to FOR destination etc. or seeking
clarification prior to price bid opening shall not be termed as negotiations.
PRICE NEGOTIATION IF REQUIRED SHALL BE DONE AS PER CVC CIRCULAR.
13. Inspection :
The stores/equipment shall be subject to inspection either by representative of BCCL or third party as per discretion of BCCL. The stores/equipment shall be in accordance with specification unless any deviation is authorised and specified in the purchase order/contract or any amendment there-to.
a) Facilities for test & examination
b) Cost of test
c) Delivery of Stores/Eqpt. for test.
d) Liability for cost of laboratory test
e) Method of testing
f) Stores expended in test.
14. i) Manufacturers trade marks etc. must be indicated in the techno commercial offer.
ii) The trade mark of the manufacturer must be impressed /embossed on each equipment. The successful vendor shall also have to punch "BCCL" in each & every equipment. wherever feasible.
15. Representatives of the firm desirous to attend the tender opening should bring proper authorisation from their management for attending the tender opening.
16. Deviation/Non adherence to any of the above condition shall make the offer liable for rejection.
17. BCCL reserves the right to accept or reject any tender without assigning any reasons there-of.
18. Special Terms & Conditions shall supercede any change in General Terms& Conditions.
The contract arising out of the NIT shall be subject to Dhanbad jurisdiction only.
All the required clauses must be answered, no
be kept blank or unreplied.Techno-commercial parameters should be exactly
as desired in the NIT specification, to avoid rejection of the offer.
Encls: (1) Technical Specification and special commercial Terms Annexure - "A"
(2) General Terms & Conditions – Annexure-B
GENERAL TERMS AND CONDITIONS OF SUPPLY OF STORES
In the interpretation of the Contract and the General and special conditions governing it, unless the context otherwise requires
i. Contract means the invitation to tender, instructions to tenderers, acceptance of tender particulars and the general and special conditions specified in the acceptance of tender and includes a repeat order which has been accepted and acted upon by the Contractor.
ii. The term ‘Supplier’ shall mean the person, firm or company with whom the contract is placed and shall be deemed to include the supplier’s successors ( approved by the purchaser )representatives, heirs, executors, administrators and permitted assignees as the case may be.
iii. Contract price shall mean the sum accepted or the sum calculated in accordance with the price and to terms accepted by or on behalf of the purchaser.
iv. The Chairman means the Chairman, Coal India Limited. The Managing Director any of the Subsidiary Companies of Coal India Ltd., presently Central Coalfields Ltd, Eastern Coalfields Ltd., Western Coalfields Ltd, Bharat Coking Coal Coal Ltd., and Central Mine Planning and Design Institute Limited.
v. The term drawing shall mean the drawing and plans specified in our annexed to the Schedule or Specification.
vi. The term ‘Purchase Executive’ shall mean the Purchaser or Purchasers named in the Schedule to Tender, his or their successors or assignees.
vii. The term the Inspector shall mean any person nominated by or on behalf of the purchaser to inspect supplier stores or work under the contract or his duly authorised agent.
viii. The term ‘Progress Officer’ shall mean any person nominated by or on behalf of the purchaser to visit suppliers work to ascertain position of deliveries of stores purchased.
ix. The term material shall mean anything used in the manufacture or fabrication of the Stores.
x. The term particulars shall mean the following:
c. Sealed Pattern denoting a pattern sealed and signed by the Inspector
d. Certified or sealed sample denoting a copy of the sealed pattern or sample sealed by the Purchaser for guidance of the Inspector.
e. Trade pattern denoting a standard of the ISI or other standardising authority or BCCL and or any of its subsidiary companies or a general standard.
f. Proprietary make denoting the product of an individual manufacturers.
g. Any other details governing the construction, manufacturer / or supply as existing in the contract.
xi. Stores means the goods specified in the Acceptance of tender or schedule which the contractors has agreed to supply under contract.
xii. The term test shall mean such test or tests as are prescribed by the specification or considered necessary by the inspector or any agency acting under direction of the inspector.
xiii. The terms site shall mean the place of purchase named in the acceptance of tender or such other place or places at which any work has to be carried out as may be approved by the purchaser.
xiv. Works denoting persons shall include any company or association or body of individuals whether incorporated or not.
xv. Writing shall include any manuscript ,typewriter or printed statement, under or over signature or seal as the case may be.
xvi. Unit and Quantity means the unit and quantity specified in the schedule.
xvii. Supply order or Acceptance of Tender means an order for supply of stores and includes and order for performance.
2. The delivery of stores shall be deemed to take place on delivery of the stores in accordance with the terms of the contract after approval by the inspector to.
i. the consignee at his premises or
ii. where-so provided the interin consignee at his premises or
iii. a carrier or other person named in the contract as an interin consignee for the purpose of transmission to the consignee.
iv. The consignee at the destination station in case of contracts stipulating for delivery of stores at destination station.
3. Words in the singular include the plural and vice-versa
4. Words denoting the masculine tender shall be taken to include the feminine tender and word persons, shall include any company or association body of individuals, whether incorporated or not
5. Terms and expression not herein defined shall have the meanings assigned to them in the Indian Sale of Good Act 1930,1872 or the General Clause Act 1897 and as amended in respect of all the Acts as the case may be.
a. The parties to the contract are the supplier and the purchaser named in the schedule or any other specifically mentioned in the contract.
ADDRESS TO WHICH COMMUNICATION ARE TO BE SENT
b. For all purpose of the contract, including arbitration thereunder, the address of the supplier mentioned in the tender shall be the address to which all communication addressed to the supplier shall be sent, unless the supplier has notified a change by a separate letter containing no other communication and sent by registered post acknowledgement due to the head of the office placing the acceptance of tender. The supplier shall be solely responsible for the consequence of an omission to notify a change of address in the manner aforesaid.
c. Any communication or notice on behalf of the purchaser in relation to the contract may be issued to the supplier by purchase executive and all such communications and notices may be served on the supplier either by registered post or under certificate of posting or by ordinary post or by handy delivery at option of such Executive.
i. The price quoted shall be either FOR place or Rly Stn. Despatch, FOR Destination, delivered free to the consignee FOR or CIF as specified in the invitation to tender.
ii. In all cases the prices quoted must be sent per unit shown in the enquiry and must include all packing and delivery where applicable. Refunds on account or returnable packages (if any) are to be separately specified. The price should show separately the Foreign Exchange Element and the Rupee element for stores to be imported.
Sales tax shall be shown separately and whether it is State Sales Tax or Central Sales Tax. If no mention is made about Sales Tax it will be assumed to be included in the prices quoted.
The prices should be inclusive of excise, or excise duty should be separately mentioned in the case of contracts providing for free delivery to the consignee octroi charges shall be included where leviable.
iii. The price must be stated separately for each item on Unit basis. Reduction on the total price in the event of entire demand being placed with you should also be quoted.
iv. When quotation are made for units other those specification in the enquiry the relationship should be stated.
v. The prices quoted must be firm and the offers made must remain open for at least six months from the last date of submitting quotations unless otherwise specified.
vi. Tender must invariably be submitted along with illustrated literature giving complete and detailed specification, particulars etc. Of the main unit and of the standard equipment to be supplied with the stores.
vii. The Tenderers must clearly specify their recommended spare parts that will be supplied along with the main unit and item wise prices of the spare parts, also what are fast moving, and slow moving and the period up to which they are likely last.
viii. Printed terms and conditions of the tendering firms shall not be considered as forming part of their tender, In case the terms and conditions of contract applicable to this invitation to tender are not acceptable to the tendering firms, they should clearly specify deviations there from in their tender.
ix. Typed quotation should be submitted. Those containing erasures and overwriting are liable to be rejected. Any correctings made in the tenders must initialed by the tenderer, failing which their tenders will not be considered.
x. Insurance arrangement will be made as per instruction being issued from time to time by the Materials Management Wing of BCCL and /or its Subsidiary Companies.
8. Samples of each item of considered necessary should be submitted simultaneously by the contractor for inspection by the Indentor unless the articles under tender are of considerable bulk, in which case separate arrangement will be made for inspection of the articles offered which considering the quotations.
i. All samples required for inspection or test shall be supplied by the successful tenderers free of cost.
ii. All samples must be clearly tabled with the tenderer’s name this office enquiry No. and the last date of opening tender.
(a) Subletting and assignment. The supplier shall not save within the previous consent in writing to the purchaser, sublet, transfer or assignee the contract or any part thereof interest therein or benefit of advantage thereof in any manner whatsoever. Provided nevertheless that are such consent shall not relieve the supplier from any obligation, duty or responsibility under the contract.
(b)CHANGE IN FIRM
i. Where the supplier is a Partnership firm a new partner shall not be introduced in the firm except with the previous consent in writing of the purchaser(which may be granted only as an exception) of written undertaking by the new partner to perform the contract and accept all liabilities incurred by the firm under the contact prior to the date of such undertaking.
ii. On the death or retirement of any partner of the supplier firm before complete performance of the contract the Purchaser may at his option cancel the contract in such case the supplier shall have no claim whatsoever to compensation against the purchaser.
iii. If the contract is not determined as provided in sub-clause(ii) above not with standing the retirement of a partner from the firm he shall continue to be liable under the contract for acts of the firm until a copy of the public notice given by him under section 32 of the partnership act has been sent by him to the purchaser by registered post acknowledgement due.
c. Consequence of breach : Should the supplier or a partner in the supplier firm commit breach of either of the conditions (a) or (b) (i) of this sub-clause it shall be lawful for the purchaser to cancel the contract and purchase or authorised the purchase of the stores at the risk and cost of the supplier and in that event the provisions of clause 20 shall as far as applicable shall apply.
d. The decision of BCCL as to any matter or thing concerning or arising out of this sub-clause or on any question whether the supplier or any partner of the supplier firm has committed breach of any of the conditions in this sub-clause contained shall be final and binding on the supplier.
USE OF RAW MATERIALS
SECURED WITH GOVERNMENT ASSISTANCE
a. Where any raw material for the execution of the contract is procured with the assistance of Coal India Limited by Purchase or under arrangement made or permit, license, quota certificate or release or issued by or on behalf of or under authority or by any officer empowered in that behalf by law or is issued from Government stock and where advance payments are made to the supplier to enable him to purchase such raw materials for the extension of the contract the supplier. .
i. shall hold such material as trustee for Coal India Limited.
ii. shall use such material economically and solely for the purpose of the contract.
iii. shall not dispose of the same without previous permission in writing of the Purchaser and
iv. shall tender due account of such material and return to the purchaser as such place at the purchaser may direct all surplus or unserviceable material that may be left after the completion of the contract or its termination for any reason whatsoever.
On returning such material the supplier shall be entitled to such price therefore as the purchaser may fix having regard to the condition of such material.
(b) Where the contract is terminated due to any default on the part of the supplier shall pay or transport charges incurred for returning any material upto such destination as may be determinated by BCCL shall be final.
in case of important items, shall clearly mention in the quotation that in the event
of supply order being placed with them they shall arrange for supply within a reasonable
period of all necessary maintenance tools and spare parts that may be required from
time to time during the normal life of the machines, on a continuous basis and at
a price not in excess of the landed
cost at their premises plus a started percentage differential ( such a differential
should be indicated ) and proper servicing of the main unit supplied by them as
and when required, In case there is a Rate contract with DGS&D supply shall be made.
shall give a warranty of satisfactory performance of the unit offered by them for
period of 18 months after the goods have been taken over by BCCL or 12 months from
the date of commissioning whichever
is earlier. The supplier shall be responsible for any defects that may developed
under the conditions provided for by the contract and under proper use, arising
from faulty material design or workshop and shall remedy such defects at his own
cost when called upon to do so. If it becomes necessary for the supplier to replace
or renew any defective portion of the goods such replacements or renewal should
be made by the supplier without any extra cost of BCCL.
order placed directly on Foreign suppliers the tenderers should separately indicate
whether their prices quoted include any commission for the manufactures Agents in
India and the amount of remuneration for the Agent included in the quoted price
a. the service that will be tendered by time as manufacture’s agent
b. the name and address of the agents if any in India
c. the Agency commission or remuneration or freight in case FOR prices are accepted will be paid in Rupees in India.
of the tender a formal acceptance of tender or supply order will invariably be issued.
Advance intimation in writing of acceptance of the tender will be given whenever
consider necessary by the said authority. In case an advance intimation has been
given the formal acceptance of tender
or supply order shall follow in due course but immediate action towards execution
of supply order shall be taken on receipt of the advance intimation.
On acceptance of the tender and before the issue of the formal purchase order.
The successful tenderers shall deposit Security money
The security deposit may be in any of the following terms or as per instruction being issued in this respect from time to time
a. Cash or Money
b. Bank Guarantee of schedule Bank
c. Government Securities
d. Fixed deposit Receipt of Scheduled Banks
e. National Savings Certificates or
f. Government Treasury Deposit Certificate
g. Performance Bond from the Life Insurance Corporation in the prescribed form subject to the following conditions
i. That the performance bond should remain valid till the contract is fully performed and the purchaser has certified to that effect and
ii. The purchaser is the sole judge to decide whether the supplier has committed a breach of contract or not
iii. No other security shall be accepted
iv. Failure to deposit within the specified period shall entitle the said authority to make other arrangements for supply at the risk and expense of a defaulting supplier.
v. On the performance and completion of the supply order in all respects the security deposit will be returned to the supplier but no claim shall lie against BCCL in respect of any Interest on the deposit.
condition may, however be waived at the description of purchaser
a. The National Savings Certificate vide (e) above will be accepted at their surrender value at the time of tender.
b. The face value of the documents at (e) and (f) should be such that the intrinsic or market value whichever is less is equal to the sum to be deposited.
16. INSPECTION OF REJECTION
Generally the stores
shall be of the best quality and workmanship and comply with the contract or supply
order in all respects. The store supplied shall be in accordance with the specification
unless any deviation is authorised and specified in the contract or supply order
or any amendment thereto.
The store supplied shall be in accordance with the specification
unless any deviation is authorised and specified in the contract or supply order
or any amendment thereto.
a. FACILITIES FOR TEST AND EXAMINATION
The suppliers shall, at his own expenses, afford to the inspector all reasonable facilities and such accommodation as may be or necessary for satisfying himself that the stores are being and / or have been manufactured in accordance with the particulars. The inspector shall have full and free access at any time during the execution of contract to the suppliers work for the purpose aforesaid , and he may require the supplier to make arrangements for inspection of stores or any part thereof or any material at his premises or any other place specified by the inspector and if the supplier has been permitted to employ the services a sub- supplier, he shall in his contract with the sub supplier reserve to the inspector a similar right.
b. COST OF TEST
The supplier shall provide, without any extra charge, all materials, tools, labour and assistance of every kind which the inspector may demand from him for test and examination, other than special or independent test which he shall require to be made on the supplier’s premises and the suppliers shall bear and pay all cost attendant thereon. If the suppliers fails to comply with the condition aforesaid, the inspector shall in consultation with the purchaser, be entitled to remove for test and examination all or any or the stores manufactured by the suppliers to any premises other than his (suppliers) and in all such cases the supplier shall bear the cost of transport and / or carrying out such tests elsewhere, a certificate in writing of the inspector, that the supplier has failed to provide the facilities and means for test and exam shall be final.
c. DELIVERY OF STORES FOR TEST
The supplier shall also provide and deliver for test free of charge, the such place other than his premises as the inspector may specify such material or stores as he may require.
d. LIABILITY FOR COSTS OF LABORATORY TEST
In the event of rejection of stores or any part thereof by the inspector in consequence of the sample thereof, which removed to the laboratory or other place of test, being found on test to be not in conformity with the contract or in the event of the failure of the supplier for any reason to delivery the stores passed on test within in stipulated period the supplier shall on demand pay to the purchaser all cost incurred in the inspection and /or test cost of test shall be assessed at the rate charged by the laboratory to private persons for similar work.
e. METHOD OF TESTING
The inspector shall have the right to put all the stores or materials forming part of the same or any part thereof to such tests as he may think fit and proper. The supplier shall not be entitled to object on any ground whatsoever to the method of testing adopted by the inspector.
f. STORES EXPENDED IN TEST
Unless otherwise provided for in the contract if the test proves satisfactory and the stores or any installment thereof is accepted, the quantity of the stores or materials expended in test will be deemed to have been taken delivery of by the purchaser and be paid for as such.
g. INSPECTOR – FINAL AUTHORITY AND TO CERTIFY PERFORMANCE
The inspector shall have the power :
i. Before any stores or part thereof are submitted for inspection to certify that they cannot be in accordance with the contract owing to the adoption of any unsatisfactory method or manufacture.
ii. To reject any stores submitted as not being in accordance with the particulars,
iii. To reject the whole of the installment tendered for inspection, if after inspection, of such portion thereof as he may in his discretion think fit, he is satisfied that the same is unsatisfactory.
iv. To mark the rejected stores with a rejection mark so that they be easily identified if resubmitted
CONSEQUENCE OF REJECTION
If on the stores being rejected by the inspector or consignee at the destination, the supplier fails to make satisfactory supplies within the stipulated period of delivery, the purchaser shall be at liberty to
1. Allow the supplier to re-submit the stores in replacement of these rejected, within a specified time being the cost of freight or any on such replacement without being entitled to any extra Payment on on-that account or
2. Purchase or authorise the purchase of quantity of the stores rejected or others of a similar description ( when stores exactly complying with particulars are not in the opinion of the Purchase executive which shall be finally readily available ) without notice to the Supplier’s liability as regards the supply of any further installment due under the contract order.
3. Cancel the contract and purchase or authorise the purchase of the stores or others of a similar description ( when stores exactly complying with particulars are not in the Purchaser, which shall be final, readily, available ) at the risk and cost of the supplier. In the event of action being taken under sub-clause the provisions of clause 20 shall apply as for as possible.
DECISION AS TO REJECTION FINAL
The Inspector’s decision as regards the rejection shall be final and binding on the supplier.
J Where under a contract the price payable is fixed on FOR Station of despatch basis, the supplier shall, if the stores are rejected at destination by the consignee, be liable in addition to his other liabilities to re-imburse to the purchaser the freight paid by the purchaser.
OF RESULT OF INSPECTION
Unless otherwise provided in the specification or schedule, the examination of the stores will be made as soon as practicable after the same have been submitted for inspection and the result of the examination will notified to the supplier.
L MARKING OF STORES
The supplier shall
if so required at his own expense mark or permit the inspector to mark all the approved
stores with a recognised Government or purchaser's mark. The stores which cannot
be so marked shall, if so required by inspector, be packed in suitable packages
or cases each of which shall be sealed and marked with such mark.
M REMOVAL OF REJECTION
(a) Any stores submitted for inspection at a place other than the premises of the supplier and rejected shall be removed by the supplier subject as hereinafter provided within fourteen days of the date of receipt of intimation of such rejection. If it is proved that letter containing such intimation is addressed and posted to him at the address mentioned in the schedule it will be deemed to have been served on the supplier at the time when such letter would in the course of ordinary post reach the supplier It shall be competent for the inspector to call upon the supplier to remove what he considers to be dangerous, infected or perishable stores within 48 hours of the receipt of such intimation
(b) Such rejected stores shall under all circumstances lie at the risk of the supplier from the moment of such rejection and if such stores are not removed by the supplier within the aforementioned the Inspector / Purchaser may either return the same to the supplier at his risk and cost at Public Tariff rate by such mode of transport as the Purchaser or Inspector may select, or dispose of such stores at the supplier risk on his account and retain such portion of the proceeds as may be necessary to cover any expense incurred in connection with such disposal. The purchaser shall also be entitled to recover handling and storage charges for the period during which the rejected stores are not removed.
On the stores being found acceptable by the inspector he shall furnish the suppliers with necessary copies of inspection notes duly completed for being attached to the supplier’ billing support thereof.
(a) PACKING AND TRANSPORT
It shall be the responsibility of the successful tenderer to arrange for the stores being sufficiently and properly packed for transport by rail, road or sea as the case may be so as to their being free from loss or injury on arrival at destination. The packing of the stores shall be done at the expense of the successful tender.
(b) The successful tenderer is responsible for obtaining a clear receipt from the transport authorities specifying the goods despatched. He will not book any consignment on a "Said to Contain" basis. If he does so, he does it on his own responsibility BCCL shall pay for any such stores so are actually received by them in accordance with the contract.
(c) All packing cases, containers, packing and other similar materials shall be supplied free by the successful tenderer and shall not be returned unless otherwise specified in the Contract / Supply order.
The time for and
the date of delivery of the stores stipulated in the "Acceptance of Tender" shall
be deemed to be of the essence of the contract and delivery of the stores must be
completed by the date of specified.
19. In the event of failure to delivery or despatch the stores within the stipulated date / period in accordance with the samples and / or specifications mentioned in the supply order and in the event of breach of any of the terms and conditions mentioned in the supply order of BCCL, shall have the right.
a. To recover from the successful tenderer as agreed liquidated damages a sum not exceeding 2% of the price of any stores which the successful tender has not been able to supply as aforesaid for each month or part of a month during which the delivery of such stores may be in arrears limited to 5% or
b. To purchase elsewhere, after due notice to the successful tenderer on the account and at the risk of the defaulting supplier the stores not supplied or others of a similar description without canceling the supply order in respect of the consignment not yet due for supply or
c. To cancel the supply order or a portion thereof and if so desired to purchase the stores at the risk and cost of the defaulting supplier and also
d. To extend the period of delivery with or without penalty if imposed shall not be more than the agreed liquidated damages referred to in clause (a) above,
e. To forfeit the security deposit full or in part,
f. Whenever under the contract any sum of money is recoverable from any payable by the supplier BCCL, shall be entitled to recover such sum by appropriating, in part or in whole by deducting any sum of which at any time thereafter may become due to the successful tenderer in this or any other contract should this sum be not sufficient to cover the full amount recoverable, the successful tenderer shall pay Coal India Ltd. On demand the remaining balance. The supplier shall not be entitled to any gain on any such purchase.
If the execution of the contract/supply order is delayed beyond the period stipulated in the contract supply order as a result of out-break of hostilities, declaration of an enchargo or blockage or fire flood, acts of nature or any other contingency beyond the supplier’s control than Ltd. May allow such additional time by extending the delivery period as he considers to be justified by the circumstances of the case and his decision shall be final. If and when additional time is granted by the Coal India, the contract/supply order shall be read and understood as if it had contained from its inception the delivery date as extended.
The supplier shall allow reasonable facilities and free access to his works and records to the inspector, Progress Officer or such other office nominated for the purpose. Inspection of stores i.e. suppliers made by the successful tenderer against supply order mentioned at (15) above, shall be carried out by the inspection Wing ( inclusive of all its branch offices ) of the DGS&D, New Delhi or any other agency as may be specific in the supply order. Where necessary inspection may be carried out at supplier’s premises.
BCCL does not bind itself to accept the lowest or any tender and reserves to itself the right of accepting the whole or any part of the tender or portion of the quantity offered and the tenderer shall supply the same at the rate quoted.
The supplier at all times indemnity BCCL, against all claims which may be made in respect of the supplies for infringement of any right protected by patent, Registration of design or Trade Mark, provided that in the event of any claim in respect of alleged breach of Letter Patent, Registered Design or Trade Mark being made against BCCL the side authority shall notify the supplier of the same and the supplier shall be at liberty at his own expense to settle any dispute or to conduct any litigation that may rise therefrom.
24. CARRYING VESSELS FOR IMPORTED ITEMS
In the case of machinery imported from abroad, it is preferably that shipment should be effected in Indian Vessels, wherever possible. Supplies will however not be delayed on this account.
In case of any dispute or difference between the parties as to the construction, effect or application of these presents of any terms or provision thereof or as to the amount or extent of any liability hereunder or as to any matter or thing in anyway arising in connection with this contract, the same shall be referred to the Arbitrator or Arbitrators to be appointed by the mutual consent of both parties after consultation with one another, and the provision of the Indian Arbitration Act for the time being in force shall apply to the arbitration proceedings and award shall be binding on both parties For orders placed with foreign suppliers/manufacturers, arbitration by International Chamber of Commerce, Geneva shall be specified.
The stores shall be despatched at public tariff rates. In the case of FOR station of despatch contract, the stores shall be booked at full wagon rates whenever available and by the most economical rout or by the most economical tariff available at the time of despatch as the case may be. Failure to do so will render the supplier liable for any avoidable expenditure caused to the purchaser.
Where alternative routes exists Bharat Coking Coal Ltd. shall if called upon also to do indicate the most economical route available or name the authority whose advice in the matter should be taken and acted upon If any advice of any such authority is sought, his decision or advice in the matter shall be final and binding on the supplier.
27. PASSING PROPERTY
Property in the stores shall not pass to the purchaser unless and until the stores have been delivered to the consignee or interim consignee as the case may be in terms of the contract.
LAWS GOVERNING THE CONTRACT
a. This contract shall be governed by the Laws of India for the time being in force.
b. Irrespective of the place of delivery, the place of performance or place of payment under the contract, the contract shall be deemed to have been made at the place from which the acceptance of tender or supply order has been issued.
c. JURISDICTION OF COURT
The courts of the place from the acceptance of tender has been issued shall along have jurisdiction to decide any dispute arising out of or in respect of the contract.
d. MARKING OF STORES
The marking of the stores must comply with the requirement of the relating to Merchandise Marks for the time being in force in India.
29. CORRUPT PRACTICES
The supplier shall not offer or give or agree to give to any person in the employment of the purchaser or working under the orders of BCCL any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any act in relation to obtaining or execution of the contract with the purchaser or for showing or forbearing to show favour or disfavour to any person in relation to the contract or any other contract with the purchaser. Any breach of the aforesaid condition by the supplier or any one employed by him or acting on his behalf (whether with of without the knowledge of the supplier) or the commission of any offence by the supplier or by anyone employed by him or acting on the behalf under Chapter IX of Indian Penal Code, 1860 or the Prevention of Corruption Act 1947 and amendments there to any other Act enacted for the presentation of corruption by Public Servant shall entitle BCCL to cancel the contract with the supplier and to recover from the supplier the amount of any loss arising from such cancellation in accordance with the provision of Clause 20.
Any dispute or differences in respect of either the interpretation effect or application of the above condition or of the amount recoverable the render by the purchaser from the supplier shall be decided by BCCL whose decision thereon shall be final and binding on the supplier.
30. INSOLVENCY AND BREACH OF CONTRACT
BCCL may at any time by notice in writing, summarily determine the contract without compensation the supplier in any of the following points that is to say :
a) If the supplier being an individual or if a firm any partner thereof, shall at any time , be adjudge insolvent or shall have a receiving order or order for administration of his estate made against him or shall take any proceeding for composition under any insolvency Act for the time being in force or make any conveyance or assignment of his effects or entry any composition with his creditors or suspended payment or if the firm be dissolved under the Partnership Act.
b) If the supplier being a company is wound up voluntarily by the order of a court or Receiver, Liquidator Manager on behalf of the Debenture-holders in appointed or circumstances shall have arisen which entitle the court of Debenture holders in appoint a Receiver, Liquidator or Manager.
c) If the supplier commits any breach of the contract not herein specifically provided for
Provided always that such determination shall not prejudice any right or action or remedy which shall have accrued or shall accrue thereafter to the purchaser and provided also the supplier shall be liable to pay to the purchaser for any extra expenditure he is hereby out to and the supplier shall under no circumstance be entitled to any gain on re-purchase.
31. TERMS OF PAYMENT
Unless otherwise agreed upon between the parties, payment for delivery of stores on submission of bills, will be made by the Controller of Accounts of the respective vision by a cheque on the State Bank Of India/Nationalized bank
Payment for stores or for each consignment thereof will be made by the supplier on submission of Bills in accordance with the procedure as detailed below, subject to the terms and condition specified in the contract :
a) For general stores and spares 100% payment will be made on receipt, of the consignment at site and acceptance by the consignee. The number and date of Railway receipt, bill of lading or consignment note under which the goods charged for in the bill are dispatched by Rail, Ship or Air respectively, and the number and date of the letter with which such railway receipt bill of lading or consignment note is forwarded to the consignee should be quoted on the bill in the case of stores dispatched by post the postal receipt shall be attached in original to the bill and its number and date quote therein.
b) For Plant and Equipment where installation can be affected immediately after receipt, 95% / 98% will be paid against proof of despatch and inspection Certificate and 5% / 2% within 45 days of receipt of Materials at site, provided it is supplied in accordance with the provision of the supply order.
c) For plant and equipment where installation cannot be made immediately on receipt of equipment, 90% will be paid on proof of despatch and inspection certificate and balance 10% not later than 180 days from the date of receipt of last consignment constituting.
32. PROGRESS REPORTS
a) The supplier shall from time to time render such reports concerning the progress of the contract and /or supply of the stores in such from as may be required.
b) The submission, receipt and acceptance of such report shall not prejudice the right of the purchaser under the contract nor shall operate as an estoppel against the purchaser merely by reason of the fact that he has not taken notice of or objected to any information contained in such report.