ISRO Satellite Centre
13 July 2020,  22:04  IST   


Tender Common Template Details
TenderNo: 7559 Tender Ref. Date: 27-04-2020
Tender Ref. No: ISAC/LE/2020E0845701
Template Desc : Standard Terms and Conditions
Sr No Description Value
1 .


Chapter – 1

1.0   Instructions to E-Procurement Tenderers:

1.1   ISRO Satellite Centre [ISAC] has implemented e-tender system for ONLINE tenders. ISAC invites offers through e-tender portal for the supply of items. The suppliers need to get enrolled in the e-tender portal to access tender and submit their offer online. Vendors need to have Digital Signature Certificate as detailed on our e-portal and corporate e-mail ID to register on the above portal. Only online tenders will be accepted. No Manual/Postal/courier/e-mail/Fax offers will be entertained. No Manual tender document will be issued by ISAC.

1.2   Interested tenderers may login to and submit offers online & send prescribed tender fees by post.

1.3     Tender fee of Rs. 229/- (Rupees Two Hundred and Twenty Nine only) shall be payable only in the form of bank draft drawn in favour of Accounts Officer, ISRO Satellite Centre, payable at Bangalore. No other mode of payment for tender fee is acceptable.

1.4   Demand Draft (DD) should not be dated prior to the date of advertisement. Separate Demand Draft shall be sent for each tender.

1.5     Cost of tender in the form of Demand Draft should be sent before the due date and time of Bid submission as per the tender schedule in the portal by post/courier superscribing the envelope with Tender No and Due date. And Tenderers/ Firm’s Name and Tender Number Shall be indicated on the reverse side of the DD.

1.6     DD should reach Head, Purchase & Stores, ISRO Satellite Centre, HAL Airport Road, Vimanapura Post, Bangalore – 560 017. Tenderers may contact Purchase & Stores Officer, ISAC on telephone No. 080-25084030 to confirm the receipt of demand draft before the bid opening date.

1.7     Quotations received without payment of tender fee will be rejected.

1.8     ISAC, Bangalore will not be responsible for any postal delays/loss of Demand Draft.

1.9   Your quotation should be valid for 120 days from the date of opening of the tender.

1.10   Quote should be submitted in Single Part/ Two Part as specified in the Tender Enquiry.

1.11   Our Tender Enquiry contains technical requirements and specification. The detailed technical specification of your offer should be covered in Technical Bid.

1.12   Specification: Stores offered should strictly conform to our specification. Deviations, if any, should be clearly indicated by the tenderer in their quotation. The tenderer should also indicate the make / Type number of the stores offered and upload catalogues, technical literature along with the quotations and provide samples wherever necessary. Test Certificates wherever necessary should be forwarded along with Supplies. Whenever options are called for and specifically mentioned by us, the tenderer could suggest changes to specifications with appropriate response for the same.

1.13   In the case of Two part tender no Price details should be disclosed in the Technical Bid. In case, Price details are mentioned, the same will be rejected. The Technical documents need to be attached online as a single PDF file without any price information.

1.14   In case of Two Part Tender, Commercial Terms to be covered in the first Part (Technical Bid) are Delivery Terms as per (INCOTERMS), Delivery period, Payment Terms (without mentioning the price or amount), acceptance of Bank Charges payable outside India, Whether items needs Export Licence, Validity of the Offer, Warranty/Guarantee, Performance Guarantee, Liquidated Damages (for delayed supplies) and All available technical literature, catalogues and other data in support of the specifications and details of the items etc, which have to be filled up on line.

1.15   Prices are required to be quoted according to the units indicated, in the second Part (Commercial Bid) only.

1.16   The quote should indicate quantitywise unit rate separately which have to be filled online. The Prices are to be mentioned both in figures as well as in words. Where there is difference between amounts quoted in words and figures, the amount quoted in words shall prevail. The taxes, duties etc where legally leviable & intented to be claimed shall be calculated are to be calculated and indicated in the column provided in online forms explicitly.

1.17   The facility of Inter-State Purchases by Government Department against Form-D stands withdrawn w.e.f. from 01.04.2007. As such, Tenderers are requested to indicate the percentage of Sales Tax applicable without any concession.

1.18   As a Government of India Department, this office will issue necessary Declaration/Certificate to release the goods free from Octroi. Tenderers shall ensure that necessary certificates are obtained by them from ISRO Satellite Centre, Bengaluru to avoid any payment of such levies.

1.19   Samples, if called for, should be submitted free of charges by the tenders and the Purchaser shall not be responsible for any loss or damages thereof, due to any reason whatsoever. In the event of non acceptance of tender, the tenderer will have to remove the samples at his own expenses.

1.20   Approximate Net and Gross weight of the items offered shall be indicated in your offer. If dimensional details are available the same should also be indicated in your offer.

1.21   In order to avail of the benefits extended by Government of India to the Micro and Small Sectors, please attach copy of the valid Entrepreneur Memorandum Part II signed by the General Manager, District Industries Centre or NSIC Registration Certificate along with your offer as a PDF file through online.

1.22   The document solicited from vendor should be submitted online. Document has to be a single PDF file and attached online.

1.23   Indian agents while quoting on behalf of their principals are requested to attach necessary authorization letter [PDF file] from their Principals.

1.24   The vendors are requested to submit the bids online at least two days prior to closing date to avoid last minute computer network related problems. Request for the extension of the due date will not be considered.

1.25   Once the offer is submitted in online mode by the vendor, he will not be able to provide revised offer.

1.26   The Purchaser shall be under no obligations to accept the lowest or any tender and reserve the right of acceptance of the whole or any part of the tender or portion of the quantity offered and the tenderers shall supply the same at the rates quoted.

1.27   The exact date and time of opening of price bid of successful tenderers will be intimated later.

1.28   The technical bid / commercial bid opening date and time indicated is tentative. There may be changes / delay due to Network/ Computer Server related problems and the tender opening may get delayed by one or two days.

1.29   The suppliers have to provide the Open Authorization as per schedule defined. Their bids will not be valid if this is not submitted online before the Open authorization closing date.

1.30    All vendors should regularly see the e-mail being sent from e-procurement portal for initiating appropriate action.

1.31   The tenderer should supply along with his tender the name of his Bankers, if required by the Purchaser.

1.32   The Purchaser reserves the right to place order on the successful tenderers for additional quantity at the rates quoted.

Chapter – 2

2.0    Terms and Conditions:

2.1     Definitions:

  (a) The term ‘Purchaser’ shall mean the President of India or his successors or assigns.

  (b) The term ‘Contractor’ shall mean the person, firm or company, with whom or with which the Order for the supply of Stores is placed and shall be deemed to include the Contractor’s Successors/Representative, Heirs, Executors and Administrators unless excluded by the Contract.

  (c) The term ‘Purchase Order’ shall mean the communication signed on behalf of the Purchaser by an officer duly authorized intimating the acceptance on behalf of the Purchaser on the terms and condition mentioned or referred to in the said communication accepting the Tender or offer of the Contractor for supply of Stores or plant, machinery or part thereof.

  (d) The term “Stores” shall mean what the Contractor agrees to supply under the Contract as specified in the Purchase Order including erection of plants and machinery and subsequent testing should such a condition be included in the Purchase Order.

3.0   Prices:

  Tenders offering firm prices will be preferred. Where a price variation clause is insisted upon by a tenderer for quotations a reasonable ceiling should be submitted. Such offers should invariably be supported by the base price taken into account at the time of tendering and also the formula for any such variations.

4.0   Terms of Payment in case of Overseas Supplier[s]:

4.1  Being a Government of India Department, the normal terms of payment are by Sight Draft [SD]. However, other terms of payment like establishment of Letter of Credit [LC] may be considered by the Purchaser on such terms and conditions as may be agreed upon.

4.2  The Sight Draft/Letter of Credit will be operative on presentation of the following documents:

   (a) Original Bill of Lading/Airway Bill.

   (b) Commercially certified Invoices describing the Stores delivered, quantity unit rate and their total value in triplicate. The Invoice should indicate the discounts, if any and Agency Commission separately.

   (c) Packing list showing individual Dimensions and Weight of the Packages.

   (d) Country of Origin Certificate can be declared on the Invoice.

   (e) Test Certificate.

   (f) Declaration by the Seller that the Contents in each case are not less than those entered in the Invoices and the quality of the Stores are guaranteed as per the specification asked by the Purchaser.

   (g) Warranty and Guarantee Certificates vide Clause 24.

4.3   Packing:

   (a) The Contractor wherever applicable shall pack and crate all Stores for Sea/Air shipment as applicable in a manner suitable for export to a tropical humid climate, in accordance with Internationally accepted Export practices and in such a manner so as to protect it from damages and deteriorations in transit by Road, Rail or Sea for Space qualified Stores. The Contractors shall be held responsible for all damages due to improper packing.

   (b) The Contractor shall ensure that each Box/Unit of shipments are legible and properly marked for correct identification. The failure to comply with this requirement shall make the contractor liable for additional expenses involved.

   (c) The Contractor shall notify the Purchaser of the date of shipment from the Port of Embarkation as well as the expected date of arrival of such shipment at the designated Port of Arrival.

   (d) The Contractor shall give complete shipment information concerning the weight, size, content of each packages etc.,

   (e) Transshipment of equipments shall not be permitted except with written permission of Purchaser.

   (f) Apart from the despatch documents negotiated through Bank, the following document shall also be airmailed to the Purchaser within 7 days from the date of shipment by Sea and within 3 days in case of Air Consignment:

     a. Commercial Bill of Lading/Air Way Bill, Post Parcel Receipt (two non-negotiable copies).
     b. Invoice (3 copies).
     c. Packing List (3 copies).
     d. Test Certificates (3 copies).
     e. Certificate of Origin as declared in the Invoice.
     f. Warranty/Guarantee Certificate

Contractor shall also ensure that one copy of the Packing List is enclosed in each case/box.

5.0  Terms of Payment in case of Indigenous Supplier[s]:

  Contractor [s] Bill will be passed for payment only after the Stores have been received, inspected and accepted by the Purchaser. Normally payment will be made for the accepted Stores within 30 days from the date of receipt and acceptance of the material at ISAC.

6.0   Import Licence:

  All Imports are being covered under Free Importability under Para 2.1 of Chapter 2 of EXIM Policy 2009-2014 of Government of India. No separate Import License is required. If it is required subsequently, Department will obtain necessary Import License. Similarly, if Export License is required, the Tenderer[s] shall mention the same while submitting the offer.

7.0   Address of Indian Agent:

  [In case of the overseas Supplier, please mention the Name and complete Postal Address of their Indian Agent with necessary details on Type of Relationship, Proof of Certificate if any].

8.0   Guaranteed Time of Delivery:

  The time for and the date of delivery of Stores will be deemed to be the essence of the Purchase Order/Contract failing which Purchaser reserves the right to Cancel the Order/Contract at his discretion.

9.0   Inspection and Acceptance Tests:

  9.1   The Purchaser’s representatives shall also be entitled at all reasonable times during manufacture to Inspect examine and test at the Contractor’s premises, the material and workmanship of all Stores to be supplied under this contract and if part of the said Stores is being manufactured on other premises, the Contractor shall obtain the Purchaser’s representative permission to inspect, examine and test and shall not release the Contractor from the obligations under this Contract.

  9.2   For tests on the premises of the Contractor or any of his sub-contractors, the Contractor shall Provide Free of Cost Assistance, Labour, Materials, Electricity, Fuel and Instruments as may be required or as may be reasonably needed by the Purchaser’s representative to carry out the tests efficiently.

  9.3   When the Stores have passed the specified test, the Purchaser’s representative shall furnish a certificate to this effect in writing to the contractor. The contractor shall provide copies of Test Certificate to the Purchaser as may be required.

10.0   Bank Guarantee towards Free Issue Materials (FIM):

  The successfull Tenderers shall furnish Bank Guarantee (BG) towards the cost of Free Issue Materials issued by Purchaser towards adequate Security for the FIM for the execution of the Contract. The BG is to be kept valid till supply and acceptance of the final product.

  10.1   In the case of Public Sector Undertaking and Government Organization, Indemnity Bond [IB] together with Insurance shall be considered.

  10.2   For Fabrication of items, the supplier should quote the rates considering the Scrap Materials generated and taken over by Supplier.

11.0  Mode of Despatch:

  Generally, Stores should be dispatched by Indian Flagged Vessel or Conference Vessel or through our designated Freight Forwarder or any other Agency nominated by the Purchaser. A copy of the Invoice and Packing List should invariably be kept inside each of the package.

12.0   Port of Entry:

  For Sea Consignments, the Port of Entry shall be “CHENNAI”. The Port of Ultimate Destination shall be “INLAND CONTAINER DEPOT [ICD, BENGALURU]”. The Customs Clearance shall be arranged at ICD Bengaluru. For Air Consignments, Port of Entry shall be “BENGALURU INTERNATIONAL AIRPORT”.

13.0   Ultimate Consignees:

  Senior Purchase & Stores Officer [Stores], ISRO Satellite Centre, P.B.No.1795, Old Airport Road, Vimanapura Post, Bangalore-560 017, India.

14.0   Shipping Marks:   The marks on the shipping documents such as Invoice, Bill of Lading/Airway Bill and on the packages should be as follows:

Purchase Order No……………….                                         Date………………..
Department of Space/ ISRO Satellite Centre
Bangalore – 560 017/INDIA
Destination………………………….                  Port of Entry……………………………….

15.0   Demurrage:

  Supplier shall bear demurrage charges if any, incurred by the Purchaser due to delayed presentation of shipping documents as prescribed in Para 4.2 to the Bankers within reasonable time (say within 10-12 days) from the date of Bill of Lading for Sea Consignments and within 3-4 days from the date of Air Way Bill for Air Consignments.

16.0   Insurance of the Stores:

  No Insurance is required at our cost. The Supplier shall be responsible for insuring the Stores wherever considered necessary. The Contractor shall however, be responsible for notifying to the purchaser or the insurer nominated by the purchaser, the complete details of the proposed shipments including the value of each shipment and other relevant data immediately after shipment, to enable the Purchaser or the Insurers to arrange for the issuance of the Insurance Policy, if required. The necessity or otherwise of Insurance will be as indicated in the Purchase Order.

17.0   Acceptance of Stores:

  (a) The Stores shall be tendered by the Contractor for Inspection at such places as may be specified by the Purchaser at the Contractor’s own risk, expenses and cost.

  (b) It is expressly agreed that the acceptance of the Stores contracted for is subject to final approval by the Purchaser, whose decision shall be final.

  (c) If, in the opinion of the Purchaser, all or any of the Stores that do not meet the performance or quality requirements specified in the Purchaser Order, they may be either rejected or accepted at a price to be fixed by the purchaser and his decision as to rejection and the prices to be fixed shall be final and binding on the Contractor.

  (d) If the whole or any part of the Stores supplied are rejected in accordance with Clause No.17 above, the Purchaser shall be at liberty, with or without notice to the Contractor, to Purchase in the open market at the expense of the Contractor, stores meeting the necessary performance and quality contracted for in place of those rejected, provided that either the purchaser or the agreement to purchase from another supplier is made six months from the date of rejection of the Stores as aforesaid.

18.0   Contractor[s] Default Liability:

  18.1   The Purchaser may upon written notice of default to the Contractor, may terminate the contract in whole or in part in circumstances detailed hereunder:-

    (a) If in the judgment of the Purchaser, the Contractor fails to make delivery of Stores within time specified in the Contract/Agreement or within the period for which extension has been granted by the Purchaser to Contractor.

    (b) If in the judgment of the Purchaser, the contractor fails to comply with any of the other provisions of this Contract.

  18.2   In the event of Purchaser terminating the contract in whole or in part thereof, as provided in Clause 18.1, the Purchaser reserves the right to purchase, upon such terms and in a manner as he may deem appropriate, Stores similar to that terminated and the Contractor shall be liable to the Purchaser for any additional cost for such similar Stores, and/or for Liquidated Damages for delays as defined in Clause 23 until such reasonable time as may be required for the final supply of Stores.

  18.3   If this contract is terminated as provided in Clause 18.1 the Purchaser in addition to any other rights provided in this Article, may require the Contractor to transfer title and deliver to the Purchaser under any of the following cases in the manner and as directed by the Purchaser.

    (a) Any completed Stores.

    (b) Such partially completed Stores, drawing information and Contract right (here-in-after called manufacturing material) as the Contractor has specifically produced or acquired for the Contract as terminated. The Purchaser shall pay to the Contractor, the Contract price for completed Stores delivered to and accepted by the Purchaser and for manufacturing materials delivered and accepted.

  18.4   In the event, the Purchaser does not terminate the Contract as provided in Clause 18.1, the Contractor shall continue the performance of the Contract, in which case he shall be liable to the Purchaser for Liquidated Damages for delay as set out in Clause 23 until the Stores are accepted.

19.0   Replacement:

  If the Stores or any portion thereof, is damaged or lost during the transit, the Purchaser shall give notice to the Contractor setting forth particulars of such Stores damaged or lost during transit. The replacement of such Stores shall be effected by the Contractor within a reasonable time to avoid unnecessary delay in the intended usage of the Stores. The price of replacement items shall be paid by the Purchaser on the basis of original price quoted in the tender or as reasonably worked out from the tender. The cost of damages will however, be claimed by the Purchaser from the Insurance Company. The Import Licence/Customs Clearance Permit for the replacement will be provided by the Purchaser.

20.0   Rejection:

  If the Stores supplied by the Contractor are found defective in material or workmanship or otherwise not in conformity with the requirements of the Contract specification, the Purchaser shall either reject the Stores or request the Contractor in writing to rectify the same. The contractor, on receipt of such notification shall either rectify or replace the defective Stores free of cost to the Purchaser. If the Contractor fails to do so, the Purchaser may either:-

    (a) Replace or rectify such defective Stores and recover the extra cost so involved from the Contractor, or

    (b) Terminate the Contract for default as provided under Clause 18 above.

    (c) Acquire the defective Stores at a reduced price considered equitable under the circumstances.

The provision of this Article shall not prejudice the Purchasers rights under Clause 23.

21.0   Force Majeure:

  21.1   If the completion of supply of Stores is delayed due to reasons of Force Majeure, such as Acts of God, Acts of Public Enemy, Acts of Government, Fires, Flood, Epidemics, Quarantine, Restrictions, Strikes, Lockouts, Civil Commotion, Riots, Freight Embargoes and Stoppage of services by Government, refusal or non-receipt of Import License for imported items, the delay in service shall be extended by a period[s] not in excess of duration of such Force Majeure. Each party undertake to advise the other as soon as it becomes aware of the circumstance of such Force Majeure, so that actions under the provisions of this contract can be mutually reviewed and agreed upon between the Contractor and the Purchaser.

  21.2   The Contractor shall give notice within 15 days to the Purchaser in writing of his claim for an extension of time. The Purchaser on receipt of such notice after verification, if necessary, may agree to extend the Contract Delivery Date as may be reasonable but without prejudice to other Terms and Conditions of the Contract.

  21.3   If the Force Majeure condition extends over a period of Three [03] months both the parties of the Contract shall mutually discuss and arrive at an agreement for continuation or termination of the Contract.

22.0   Erection of Plant and Machinery:

  Wherever erection of plant or machinery is the responsibility of the Contractor as per the terms of the Contract and in case the Contractor fails to carry out the erection as and when called upon to do so within the period specified by the Purchaser, the Purchaser shall have the right to get the erection done through any source of his choice. In such an event, the Contractor shall be liable to bear any additional expenditure that the Purchaser is liable to incur towards erection. The Contractor, shall, however, not be entitled to any gain due to such an action by the Purchaser.

23.0   Delay in Completion/Liquidated Damages:

  If the Contractor fails to deliver the Stores within the time specified in the Contract or any extension thereof, the Purchaser shall recover from the Contractor as Liquidated Damages a sum one-half of one percent (0.5 percent) of the Contract price of the undelivered Stores for each calendar week of delay or part thereof. The total Liquidated Damages shall not exceed Ten percent (10 percent) of the Contract price of the unit or units so delayed. Stores will be deemed to have been delivered only when all its component/parts are also delivered in full to make use of the whole system/equipment as the case may be. If certain components/parts are not delivered in time, the entire value of Contract/Stores will be considered as delayed until such time as the missing parts are delivered.
Delivery is yet to be complete when Installation, Commissioning, Testing and Acceptance is completed wherever it is applicable.

24.0   Guarantee and Replacement:

  (a) The Contractor shall guarantee that the Stores supplied shall comply fully with the specifications laid down, for material, workmanship and performance for a period of Twelve months [12] after the acceptance of the Stores. If any defects are discovered, therein or any defects therein are found to have developed under proper use arising from faulty materials, design or workmanship, Contractor shall remedy such defects at his own cost provided, he is called upon to do so within a period of 14 months from the date of acceptance thereof, by the Purchaser who shall state in writing in what respect the Stores or any part thereof, are faulty.

  (b) If in the opinion of the Purchaser, it becomes necessary to replace or renew any defective Stores, such replacement or renewal shall be made by the Contractor free of all costs to the Purchaser, provided the notice informing the Contractor of the defect is given by the Purchaser in this regard within the said period of 14 months from the date of acceptance of stores thereof.

  (c) If Contractor fail to rectify the defects, the Purchaser shall have right to reject or repair or replace, at the cost of the Contractor the whole or any portion of the defective Stores.

  (d) The decision of the Purchaser, notwithstanding any prior approval or acceptance or inspection thereof, on behalf of the Purchaser, as to whether or not the Stores supplied by the Contractor are defective or any defect has developed within the said period of 12 months or as to whether the nature of the defects requires renewal or replacement, shall be final, conclusive and binding on the Contractor.

  (e) To fulfill guarantee conditions outlined in Clause 24 (a) to (d) above, the Contractor shall, at the option of the Purchaser, furnish a Bank Guarantee (as prescribed by the Purchaser - Bank Guarantee format) from a Nationalized/Scheduled Bank approved by the Purchaser for an amount equivalent to 10% of the value of the Contract within a reasonable time after the receipt of PO/Contract for the due performance of the Contract as well as the product delivered. On the performance and completion of the contract in all respects, the Performance Bank Guarantee will be returned to the Contractor without any interest.

  (f) All the replacement Stores shall also be guaranteed for a period of 12 months from the date arrival of Stores at Purchaser’s site.

  (g) Even while the 12 months guarantee applies to all Stores in case where a greater period is called for by our specifications then such a specification shall apply, in such cases the period of 14 months referred to in Clause 24 (a) and (b) shall be the ‘asked for’ guarantee period plus two months.

25.0   Arbitration:

  In the event of any dispute or difference relating to the interpretation and application of the Contract, such dispute or difference shall be settled amicably by mutual consultations of the good Offices of the respective parties. If such a resolution is not possible, then the unresolved dispute or difference shall be referred to the Sole Arbitrator appointed by Director, ISRO Satellite Centre, Bangalore in accordance with the rules and procedures of Indian Arbitration and Conciliation Act 1996 or any modification thereof. The decision of the Arbitrator shall be final and binding on both the parties. The expenses for the Arbitration shall be paid as may be determined by the Arbitrator. The Arbitration shall be conducted in Bangalore.
Pending the submission of and/or decision on a dispute, difference or claim or until the Arbitral award is published; the Parties shall continue to perform all of their obligations under this Agreement without prejudice to a final adjustment in accordance with such award.

26.0    Arbitration with Overseas Supplier:

  In the event of any dispute or difference arising out of or in connection with this Purchase Order, such dispute or difference shall be settled amicably by mutual consultants or through the good offices of the respective parties. If such resolution is not possible, then the unresolved dispute or difference shall be referred to the Sole Arbitrator appointed in accordance with provisions of the ICADR Arbitration Rules, 1996 of the International Center for Alternative Dispute Resolution, New Delhi. The Arbitration shall be conducted in India in accordance with the Rules & Procedures of the Arbitration and Conciliation Act of 1996 or any re-enactment or modification thereof. The decision of the Arbitrator shall be final and binding upon the parties and the expenses for the arbitration shall be paid as may be determined by the Arbitrator.

27.0   Arbitration with Public Sector Undertakings:   In the event of any dispute or difference relating to the interpretation and application of the Contract, such dispute or difference shall be settled amicably by mutual consultations of the good Offices of the respective parties. If such a resolution is not possible, then the unresolved dispute or difference shall be referred to the Sole Arbitrator appointed in the Department of Public Enterprise under the Permanent Machinery for Arbitration.

28.0   Language and Measures:

  All documents pertaining to the Contract including specification schedule notices, correspondence, operating and maintenance instruction drawings or any other writing shall be written in English language only. The metric system of measurement shall be used exclusively in the Contract.

29.0   Applicable Law:

  The Contract shall be interpreted, construed and governed by the Laws of India.

30.0   Jurisdiction:

  The Courts within Bengaluru will have the Jurisdiction to deal with and deciding any matter arising out of this Contract.

31.0   Indemnity:

  The Contractor shall warrant and deemed to have warranted that all Stores supplied against this contract are free and clean of infringement of any Patent, Copy Right or Trademark and shall at all times indemnify the Purchaser against all claims which may be made in respect of the Stores for infringement of any right protected by Patent, Registration of the design or Trade mark and shall take all risk of accidents or damage which may cause a failure of the supply from whatever cause arising and the entire responsibility for the sufficiency of all the means used by him for the fulfillment of the Contract.

32.0   Counter Terms & Conditions:

  Where counter terms and conditions printed or cyclostyled condition have been offered by the supplier, the same shall not be deemed to have been accepted by the Purchaser, unless specific written acceptance thereof, is obtained.

33.0   Security Interest:

  On each item to be delivered under this Contract, including an item of work in progress in respect of which payment have been made in accordance with the Terms of the Contract. Purchaser shall have a Security Interest in such items which shall be deemed to be released only at the time when the applicable deliverable items is finally accepted and delivered to the Purchaser in accordance with the terms of Contract. Such Security Interest of the Purchaser shall constitute a prior charge as against any other charge or interest created in respect of such items by any other entity.

34.0   Bank Charges:

  All Bank Charges Payable within India shall be borne by Purchaser. Similarly, all Bank Charges Payable outside India shall be borne by the Supplier.

35.0   Training:

The Contractor shall, if required by the Purchaser, provide facilities for the Practical Training of Purchaser’s Engineering or Technical Personnel from India and for their active association on the manufacturing process throughout the manufacturing period of the Contract/Stores, number of such personnel to be mutually agreed upon.

36.0   Excise Duty:

  ISRO, Satellite Centre, Bengaluru is exempted from payment of Excise Duty vide Notification No.10/97CE dated 01.03.1997 as amend vide Notification No.16/2007CE dated 01.03.2007. The necessary Excise Duty Exemption Certification [EDEC] shall be provided. Tenderers are requested to take note of this aspect while submitting the offer wherever applicable.

37.0   Customs Duty:

  ISRO, Satellite Centre, Bengaluru is exempted from payment of Customs Duty vide Notification No.12/12-Cus dated 17.03.2012. The necessary Customs Duty Exemption Certification [CDEC] shall be provided. Tenderers are requested to take note of this aspect while submitting the offer wherever applicable.

38.0   Annual Maintenance Contract [AMC]/Extended Warranty:

  Tenderers are requested to quote separately towards Annual Comprehensive Maintenance Service/Extended Warranty and Non-Comprehensive Maintenance besides attending to unlimited Break-Down calls wherever specification calls for after expiry of Standard Warranty.

39.0   Transparency:

   Tenderers are free to ask Purchaser for the Bidding conditions, Process and/or Rejection of bids etc., during the procurement process.

40.0   Participation of Indian Agents:

  In a Tender, either the Indian Agent on behalf of Principal/OEM or Principal/OEM itself can bid. But both cannot bid simultaneously for same item/product. If an Agent submit bid on behalf of Principal/OEM, the same Agent shall not submit a bid on behalf of another Principal/OEM in the same Tender for the same item/product.

41.0   Implementation of Government Purchase and Price Preference Policy for MSEs:

  In order to avail of the benefits extended by Government of India to the Micro and Small Enterprises [MSEs], please submit attested copy of the valid Entrepreneur Memorandum Part-II signed by General Manager, District Industries Center or National Small Industries Corporation [NSIC] Registration Certificate along with your offer. The facilities/ benefits will be extended as per Order No: 25(2)/2011-MA dated 14.10.2011 issued by Ministry of MSME, Government of India, New Delhi.

42.0   Purchase Preference to Public Sector Undertakings:

   Wherever, Purchase/Price Preference is applicable for Public Sector Undertaking [PSUs] will be as per the extant orders of Department of Space.

43.0   High Sea Sale:

  Tenderers submitting offer[s] against High Sea Sale Trade, the price of such offers be in Indian Rupees only and shall be inclusive of Freight and Clearance Charges for delivery up to ISRO Satellite Centre, Bengaluru. The offers shall be Firm, Fixed Price without any variation in Exchange Conversion Rate whatsoever. No Sales Tax will be applicable for High Sea Sale.

44.0   Splitting of Order[s]:

  The Volume/Quantity for certain specialized nature of jobs is considerably large and it is necessary the orders are split with more than one party in order to ensure timely delivery/services. ISAC reserves right to split the Purchase Orders to more than one party. However, every effort will be made to bring the Commercial aspect including price of the parties on a single common platform. This is aimed at providing equal opportunity for the parties while taking the decision.

45.0   Agency Commission:

  The amount of Commission included in the price and payable to the Indian Agent of the Contractor shall be paid directly to the Indian Agent[s] by the Purchaser in equivalent Indian Rupees on the basis of an Invoice from the Indian Agent by applying T.T. buying rate of exchange ruling on the date of placement of the Purchase Order/Contract and within 30 days from the date of receipt and acceptance of the stores.
The Contractor shall Invoice only for the net amount payable to him, after deducting the amount of Agency Commission included in the Invoice which would be paid to the Indian Agent[s] directly by the Purchaser. However, the Contractor[s] quote should separately reflect the amount of Commission payable to his Indian Agent.
As per the Compulsory Enlistment Scheme of the Department of Expenditure, Ministry of Finance, it is compulsory for Indian Agents who desired to quote directly on behalf of their Foreign Principals to get themselves enlisted with the Central Purchase Organization [Eg: DGS&D]

46.0   Validity of Offer:

  The offer should be valid for a minimum period of 120 days from the date of opening of the tender.

47.0   The Authority of person signing the Tender, if called for shall be produced.

48.0   Instruction/Operation Manual containing all assembly details including wiring diagrams should be sent wherever necessary in duplicate. All documents/correspondence should be in English language only.

49.0   The Purchaser reserves the right to accept or reject any offer in whole or in part without assigning any reason.

50.0   It is expressly agreed that the acceptance of the Stores contracted for is subject to final approval in writing by the Purchaser.

51.0   Permitted Number of Shipment [ONE] only. Any additional is shipment will be at suppliers cost. Part shipment is not allowed unless specifically agreed to by us.

52.0   Inspection/Test/Certificate should be provided for the goods after testing it thoroughly at the Contractors works. If any inspection by Lloyds or any other Testing Agency is considered necessary, it shall be arranged by Contractors on the instructions of the Purchaser.

53.0   Where Erection, Assembly or Commissioning is a part of the Contract, it should be done immediately on notification. The Contractor shall be responsible for any loss/damages sustained due to delay in fulfilling this responsibility.

54.0   For items having Shelf Life, the same shall be supplied with maximum Shelf Life if order is placed.

55.0   Earnest Money Deposit/Bid Security:

  The Tender should be accompanied with an Earnest Money Deposit for a prescribed amount wherever called for in the Notice Inviting Tender [NIT].

56.0   Buy-Back Offer:

   Wherever Contract considered necessary, the quotation shall be given separately with Buy-Back Offer and also without Buy-Back Offer so as to enable Purchaser either to Trade or not to Trade the item while purchasing the new one.

57.0   Evaluation of Tenders:

  The Evaluation/Loading criteria in respect of Payment Terms, Performance Bank Guarantee, Free issue of Materials etc., having financial implications will be considered to arrive L-1 status.

58.0   Risk Purchase:

   Risk Purchase Clause will be applicable wherever considered necessary.

59.0   Fall Clause:

   Fall Clause will be applicable wherever considered necessary.

60.0   Conditional Discount/Offer:

   Conditional Discounts/Offer will not be considered.

61.0   Free Supply of Public Tender Documents:

   One set of tender documents, can be supplied free of cost to Government Departments, Public Sector Undertakings [both Central and State]. Tender documents, can also be supplied free of cost to Foreign sources.

62.0   Termination:

   Under the normal circumstances, Termination/Short Closing of the PO/Contract is not foreseen. However in case of continued non performance of the PO/Contract, ISAC reserves the right to: [i] Terminate the Contract wholly or partly by giving 30 days prior notice [ii] ISAC reserves the right to terminate the PO/Contract at any time by giving 30 days prior notice.

63.0   Parallel Contract:

   ISAC reserves the right to enter into Parallel Contract/s with one or more Contractors.

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