ENGINEERS INDIA LIMITED (A GOVT. OF INDIA UNDERTAKING)

BIDDING DOCUMENT NO. : AK/8502-000-00-MR-8911/7274

BIDDING DOCUMENT

FOR

ACQUISITION OF AFT-FATHOM SOFTWARE

Prepared & Issued by:

Engineers India Limited, R&D Centre, Sector-16, Gurgaon-122001 Tele. No. 0124 - 380 2099 / 2147

REQUEST FOR QUOTATION (RFQ) - e Bids

* Ref. AK/8502-000-00-MR-8911/7274 Date: 24.06.2015 Client Engineers India Limited

MR No. 8502-000-00-MR-8911 Rev. A Item ACQUISITION OF AFT-FATHOM

SOFTWARE Due Date & Time

08.07.2015 upto 12:00 Hrs. (IST)

Date and Time for Opening of Unpriced Bid

1400 Hrs. (IST) on 08.07.2015 at Engineers India Limited, Sector-16 (on NH-8), Gurgaon, Haryana-122001

Gentlemen, 1. You are invited to submit e-Bids (Through Government of India’s Central Public

Procurement Portal http://eprocure.gov.in/eprocure/app for the captioned item in complete accordance with documents attached herewith. Technical specifications are specified in attached Material Requisition (Document No. 8502-000-00-MR-8911 Rev. A).

2. Prices are to be filled in the Price Schedule Format enclosed with the Bidding Document only and the same shall be uploaded on the designated folder. Prices shall not appear any where else in the offer and if prices are mentioned any where else the same shall not be considered.

3. Bids should be submitted separately under single stage two bid system as per Instructions to Bidders.

4. Bids are required to be submitted through Government of India’s e-Procurement (e-Tendering System) Website/Portal http://eprocure.gov.in/eprocure/app only, on or before the specified Bid Due Date & Time. Bidder(s) are required to register themselves at http://eprocure.gov.in/eprocure/app . No Registration fee would be charged from the bidders for the same.

5. The Unpriced Bid shall be opened online through e-Tendering website http://eprocure.gov.in/eprocure/app in the presence of attending representative of Bidders, having authorisation letter from their competent authority as per proforma enclosed. The Bidder’s representative who is present shall sign a Bid opening statement evidencing their attendance. Bidders, whose bids are not opened for any reasons, will not be allowed to be present during bid opening. During opening Bidder’s names shall only be announced.

6. The date and time of the price bid opening shall be intimated later to the technically and commercially acceptable bidders only. During price opening Bidder’s names and their total prices shall only be announced.

7. The commercial requirements are specified in the attached Agreed Terms & Conditions (questionnaire), which should be duly filled in signed and stamped and should be returned along with each copy of your bid.

8. Any deviation to commercial terms & conditions will be subject to loading/rejection as per enclosed loading/rejection criteria.

9. No Manual Bids/Offers shall be permitted. The offers submitted through the designated e-tendering system shall only be considered for evaluation & ordering. Bids submitted in physical form or sent in any other form such as through Telex/Telegraphic/ Fax/E-Mail /Computer floppy/ CD/DVD/Pen Drive etc. shall not be accepted.

10. We reserve the right to make any changes in the terms and conditions of BIDDING DOCUMENT and to reject any or all the bids without giving any reasons.

11. In case bidder is found to be involved in cartel formation, his bid will not be considered for evaluation/placement of order. Such bidder will also be debarred from bidding in future.

12. Net worth of the bidder should be positive as per the audited financial results for the immediate preceding financial year. The offer of the bidder whose net worth is “Negative” in the immediate preceding financial year shall not be considered for further evaluation. Bidder shall furnish documentary evidence i.e. duly audited annual report for the immediate preceding financial year including balance sheet and profit & loss accounts statement.

13. Bidders submitting their Bids should not be under liquidation, court receivership or similar proceedings.

14. Bidders, who are on “Holiday/ Negative List” of EIL or blacklisted by any Government Department / Public Sector on due date of submission of bid/ during the process of evaluation of bids, the offers of such Bidders shall not be considered for opening/evaluation/award.

15. Bids on Consortium/Joint Venture basis shall not be accepted.

16. Bids/Offer through email or fax shall not be accepted.

17. The complete Bidding Document is available on the EIL Website: http://tenders.eil.co.in, (In the respective login & Password provided to bidders) & on Govt. of India’s Website: http://eprocure.gov.in/eprocure/app However, Bidders are required to submit their bid through Government of India’s e-Procurement (e-Tendering System) Web site/Portal http://eprocure.gov.in/eprocure/app only.

18. Bidding Document is non-transferable. Bidder shall download the Bidding Document from EIL or e-Tender website in his own name and submit the bid directly. The Bidding Document is non – transferable. Bids received from bidders, who have not downloaded the Bidding Document shall not be considered.

19. Bidder may seek clarifications regarding the bidding document provisions, bidding process and / or rejection of his bid. EIL shall respond to such request within a reasonable time.

20. Please acknowledge receipt of enquiry document (downloaded) online through EIL’s Tender Portal http://tenders.eil.co.in and confirm your intention to quote or not. If not bidding, please select regret option with reasons in the acknowledgment form available in the EIL website. * Please specify BIDDING DOCUMENT. No. in all correspondence

Very truly yours, For & on behalf of M/s Engineers India Limited

(Atul Kumar) Asst. General Manager (C&P)

Enclosures: AS PER MASTER INDEX

ITEM ACQUISITION OF AFT-FATHOM SOFTWARE BIDDING DOCUMENT NO. AK/8502-000-00-MR-8911/7274

MASTER INDEX

SL.NO. DESCRIPTION NO. OF PAGES

1. Cover Page 01

2. Master Index 01

3. Request For Quotation (RFQ) – e Bids 02

4. Performa of Letter of Authority for attending Unpriced / Priced Bid Opening

01

5. Submission of Offer 01

6. Commercial

7. i) Instructions to Bidder (ITB)

15

ii) Annexure I to ITB (E-Tendering Methodology)

iii) Annexure II to ITB (Bank Mandate Form)

iv) Annexure III to ITB (Bid Compliance Statement)

v) Annexure IV to ITB (Cut out slip)

vi) General Purchase Conditions (GPC) and Addendum 1 to GPC 20

vii) Proforma of Bank Guarantee for Contract Performance Bank Guarantee

03

viii) Loading/Rejection Criteria 02

ix) Agreed Terms & Conditions (ATC) – Indigenous 04

x) Preamble to Price Schedule and Price Schedule 02

8. Material Requisition (MR) : Document No. 8502-000-00-MR-8911 Rev. A 06

PROFORMA OF LETTER OF AUTHORITY FOR ATTENDING UNPRICED / PRICED BID OPENING

(To be typed on the Company’s letter head)

Date :

ITEM ACQUISITION OF AFT-FATHOM SOFTWARE BIDDING DOCUMENT NO. AK/8502-000-00-MR-8911/7274 The Asst. General Manager (C&P) Engineers India Limited, Sector-16, Gurgaon, Haryana-122001 India Attn.: Mr. Atul Kumar, AGM (C&P) Dear Sir, We ………………………………………..hereby authorise following representative(s)

to attend the Unpriced / Priced Bid Opening for the above mentioned Bidding

Document.

1. Name & Designation …………………………. Signature ……………………….

2. Name & Designation …………………………. Signature ……………………….

We confirm that we shall be bound by all and whatsoever our representative(s) shall

commit.

Yours faithfully, Signature _________________________ Name & Designation ________________ For & on behalf of __________________ Note: This Letter of Authority should be on the letterhead of the bidder for unpriced and priced bid separately and should be signed by a person competent and holding Power of Attorney to bind the bidder.

SUBMISSION OF OFFER (To be typed on the Letter head of Agency)

From : _______________________ _______________________ _______________________ To AGM (C&P) Engineers India Limited, Sector-16, Gurgaon, Date: Haryana-122001 India ITEM ACQUISITION OF AFT-FATHOM SOFTWARE BIDDING DOCUMENT NO. AK/8502-000-00-MR-8911/7274 Attn: Mr. Atul Kumar, AGM (C&P) Dear Sir, We hereby submit our offer in full compliance with the terms and conditions of the above mentioned RFQ / Bidding Document. Our offer shall remain valid for a period of 3 Months from the date of opening of BIDDING DOCUMENT / tender. We declare that the statement made and the information provided in our offer is true and correct in all respect. In case, it is found that the information/ documents provided by us are incorrect/ false, our application shall be rejected by EIL without any reference to us. Thanking you, Very Truly Yours, (Signature of Authorised person) Full Name: Designation: Company Seal

INSTRUCTIONS TO BIDDER (ITB)

INDEX ARTICLE DESCRIPTION SR. No. 1.0 INTRODUCTION

2.0 BRIEF SCOPE OF WORK

3.0 ELIGIBLE BIDDERS

4.0 ONE BID PER BIDDER

5.0 COST OF BIDDING

6.0 RFQ / BIDDING DOCUMENT

7.0 AMENDMENT OF RFQ / BIDDING DOCUMENT

8.0 LANGUAGE OF BID

9.0 DOCUMENTS COMPRISING THE BIDS

10.0 FORMAT AND SIGNING OF BIDS

11.0 PREPARATION & SUBMISSION OF BIDS

12.0 BID DUE DATE AND TIME

13.0 PERIOD OF VALIDITY OF BIDS

14.0 DEADLINE FOR SUBMISSION OF BIDS AND LATE BIDS / UNSOLICITED BIDS / BID SUBMISSION AT OTHER PLACE

15.0 MODIFICATION & WITHDRAWAL OF BIDS

16.0 OPENING OF UNPRICED BIDS

17.0 BID EVALUATION CRITERIA

18.0 OPENING OF PRICE BIDS

19.0 EVALUATION AND COMPARISION OF BIDS

20.0 CONTACTING THE PURCHASER

21.0 PURCHASER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

22.0 NOTIFICATION OF AWARD

23.0 ISSUE OF PURCHASE ORDER

24.0 CLARIFICATION REQUESTS FROM BIDDER

25.0 ORDER OF PRECEDENCE Annexure – I: E-TENDERING METHODOLOGY

Annexure – II: MANDATE FOR RECEVING PAYMENTS THROUGH RTGS / NEFT

Annexure – III: BID COMPLIANCE STATEMENT

Annexure - IV: CUT OUT SLIP

1.0 INTRODUCTION 1.1 Engineers India Ltd. (EIL), Government of India Public Sector Undertaking, is a

premier consultancy organisation in South Asia. The regd. Office is located at 1, Bhikaiji Cama Place, R.K. Puram, New Delhi-110066 and R&D Centre at Sector-16, Gurgaon - 122001.

1.2 EIL herein after referred to as “Owner” for the job will act as Project Manager and Engineer-in-charge for the said work.

2.0 BRIEF SCOPE OF WORK 2.1 The scope of work shall be as per Material Requisition enclosed with RFQ / Bidding

Document in line with stipulations of RFQ / Bidding Document.

3.0 ELIGIBLE BIDDERS 3.1 Bidder shall, as part of their bid, submit a written Power of Attorney authorizing the

signatory of the Bid to commit the bidder.

3.2 The invitation of bid is open to the bidder(s) who have been issued Letter Inviting Bid (LIB).

3.3 The bidder shall not be on Holiday / negative list of EIL as on the due date of submission of bid. If the documents were issued inadvertently / downloaded from website, offers submitted by such bidders shall not be considered for opening / evaluation / award.

3.4 If the bidder is placed on holiday / negative list of EIL after opening of unpriced bids but before opening of price bids, further evaluation shall be stopped and the corresponding price bid will not be opened.

4.0 ONE BID PER BIDDER 4.1 A Bidder shall submit only one bid in the same bidding process. A Bidder who

submits or participates in more than one bid will cause all the proposals in which the bidder has participated to be disqualified.

4.2 Alternative bids are not acceptable.

5.0 COST OF BIDDING The Bidder shall bear all costs associated with the preparation and submission of the bid and EIL will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

6.0 BIDDING DOCUMENT The Bidder is expected to examine all instructions, forms, terms and specifications in the Bidding Document. The Bidding Document together with all its attachments thereto, shall be considered to be read, understood and accepted by the Bidder unless deviations are specifically stated in seriatim (giving reference s.no. of Bidding Document) by the Bidder. Failure to furnish all information required as per the Bidding Document or submission of a bid not substantially responsive to the Bidding Document in every respect will be at Bidder’s risk and may result in the rejection of his bid. Bidder must return the enclosed Agreed Terms and Conditions (questionnaire) duly filled in, along with the bid.

EIL reserves the right to reject the bid without making any reference to the Bidder.

7.0 AMENDMENT OF BIDDING DOCUMENT

At any time prior to the bid due date, EIL may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the Bidding Document.

The amendment will be notified in writing to all prospective Bidders who have been issued the Bidding Document and will be binding on them.

8.0 LANGUAGE OF BID The bid prepared by the Bidder and all correspondence / drawings and documents relating to the bid exchanged by Bidder and the EIL shall be written in ENGLISH language provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by an ENGLISH translation. In such case, for the purpose of interpretation of the bid, the ENGLISH translation shall govern.

9.0 DOCUMENTS COMPRISING THE BIDS Bidders should submit their bid through Govt. of India’s Central Public Procurement Portal (CPPP) http://eprocure.gov.in/eprocure/app only. Bidder shall follow the guidelines as given in Annexure-I to ITB of the Bidding Document for submission of their bid in CPP Portal http://eprocure.gov.in/eprocure/app. The e-Bid should be prepared by the Bidder and shall be submitted on the aforesaid website in two parts as per the following details:

1. PART – I : Techno- commercial / Un priced Bid

2. PART - II : Price Bid

PART- I : Techno- commercial / Un priced Bid This part shall also contain scanned copies of Technical and Unpriced Commercial bid, which shall comprise the following, and shall be serially numbered and arranged in the order:

a) Covering letter of Bid on bidder’s letter head as per the proforma given in the Bidding Document.

b) Bank Account Particulars as per Format Enclosed.

c) Master Index and copies of all technical and commercial amendments / addendum, if issued, duly signed and stamped on each page as a token of having received and read all parts of the Bidding Document and having accepted and considered the same in preparing their bid.

d) Audited annual report for the immediate preceding financial year including

balance sheet and profit & loss accounts statement. e) Power of attorney in favour of signatory (ies) of the bid. f) Bid Compliance Statement as per Format Enclosed. g) As a token of confirmation that prices are quoted in the requisite format

strictly complying to the requirement, unpriced copy of Price Schedule, as submitted in the price bid, with prices being replaced by word “quoted”

and taxes to be indicated in percentage, shall be submitted along with the un-priced bid.

h) Agreed Terms & Conditions duly filled-in. i) Any other information / details / documents / data required as per Bidding

Document.

j) Besides above, Power of Attorney shall be required in physical form in a sealed envelope in original as per Annexure-IV.

PART - II - PRICE BID

This Part shall contain duly filled in Price Schedule as provided in the Bidding Document at the designated place as per the requirement of the e-tendering website of EIL. Prices must be filled in excel file of the Price Schedule after downloading the ‘Price Schedule‘ file uploaded in the e-tender website.

Bidder to note that there are following Formats in the Price Schedule. Bidder shall download the Price Schedule file from the EIL E-Tendering Website, fill these formats and then shall upload the Price Schedule file at the designated place of the EIL E-Tendering Website in their Price bid: Price Schedule

Price Schedule shall be strictly in RAR format without altering any contents of the formats uploaded by EIL in their Bidding Document. Bidder must quote the price in enclosed Price Schedule formats only. The formats shall not be changed and/or retyped. For any deviation to the formats or scope, offer shall be rejected.

Deviations to terms and conditions, presumptions etc shall not be stipulated in Price part of bid. In case of any conditions stipulated in price bids, the bids of such bidders shall be summarily rejected and shall not be considered for further evaluation. Evaluation shall be carried out excluding such bidder(s).

10.0 FORMAT AND SIGNING OF BID

The bidder shall submit e-bid as per the provisions given in this BIDDING document in EIL’s e-tender website as per the guidelines given in the BIDDING document.

The e-bid shall be signed (e-signed) by the person or persons duly authorised to sign on behalf of the bidder. The digital signature used for signing the bid shall be issued in the name of such authorised person and the certificate details, available from the signed documents, should indicate the details of the signatories. All documents/files of the bid shall be signed by using the digital signature issued in the name of the person having valid Power of Attorney at the time of bid submission. Any consequences resulting due to such signing (e-signing) shall be binding on the bidder.

11.0 PREPARATION & SUBMISSION OF BIDS

E-Bid shall be submitted in the following manner with file names as per the details given below:

Part-I – Techno-commercial / un-priced bid Part-II - Priced Bid

Bidders are advised to submit bids based strictly on the terms & conditions and specifications contained in the Bidding Document and not to stipulate any deviations.

12.0 BID DUE DATE & TIME Bids must be received at the address specified in the Bidding Document not later than the date and time specified in the Bidding Document.

EIL may at its discretion and on giving reasonable notice by letter / fax or any other written communication to all prospective Bidders who have been issued the Bidding Document, extend the bid due date. In such case all rights and obligations of the Purchaser and the Bidders, previously subject to the bid due date, shall thereafter be subject to the new bid due date as extended.

13.0 PERIOD OF VALIDITY OF BIDS Bids shall be valid up to 3 (Three) Months from the date of opening of techno-commercial bids. During the validity period of the bid and without the consent in writing of the EIL, the bidder shall not be entitled to revoke or cancel its bid or to vary the bid given or any term thereof.

Notwithstanding above, the EIL may solicit the Bidders’ consent to an extension of the period of bid validity. The request and the responses thereto shall be made in writing.

14.0 DEADLINE FOR SUBMISSION OF BIDS AND LATE BIDS / UNSOLICITED BIDS / BID SUBMISSION AT OTHER PLACE

The bid must be submitted on line at e-tender site of EIL within due date and time for bid submission as specified in Bidding Document.

EIL may, in exceptional circumstances and at its discretion, on giving reasonable notice by e-mail / fax or any written communication to all prospective bidders who have downloaded the Bidding Document extend the deadline for the submission of bids in which case all rights and obligations of the EIL and bidders, previously subject to the original deadline will thereafter be subject to deadline as extended.

Bidders in their own interest are requested to register on e- tendering portal

and upload their bid well in time.

All Clarification/ correspondences including enabling of user ids, password re-set request, mapping of DC details, etc, if any, will only be entertained from 0900 Hrs. (IST) to 1600 Hrs. (IST) only, during the office working hours.

Bidders should avoid the last hour rush to the website for registration of user id & password, enabling of user id and mapping of digital signature serial number etc. In the event of failure in bidder’s connectivity with EIL/Service Provider during the last few hours, bidder is likely to miss the deadline for bid submission. Due date extension request due to above reason may not be entertained.

E-system of EIL shall close immediately after the deadline for submission of bid prescribed in the IFB/LIB.

Unsolicited bids or bids being submitted in physical form / to address other than one specifically stipulated in the Bidding Document will not be

considered for opening / evaluation / award and will be returned to such bidders.

15.0 MODIFICATION AND WITHDRAWAL OF BIDS It may please be noted that bidders now have an additional feature of

withdrawing their bids before due date and time. After submitting the bid on the CPP Portal, if the bidder wishes to withdraw his bid, he can do so. However, if the bidder withdraws his bid, he will be exempted from further participation in the tender and won’t be able to submit his bid again for that particular tender.

No bid shall be modified after the deadline for submission of bid.

No bid shall be allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity. Withdrawal of a bid during this interval shall result in the bidder’s forfeiture of its bid security in line with the provision of the Bidding Document.

16.0 OPENING OF UNPRICED BIDS

Un-priced part of the Bid shall be opened online through Government of India’s e-Tendering Portal http://eprocure.gov.in/eprocure/app Engineers India Limited, 1-Bhikaiji Cama Place, New Delhi-110066 (India), in the presence of Bidder’s representatives (duly authorised by a competent person and having the Letter of Authority as per the proforma enclosed with the Bidding Document who choose to attend on date and time as mentioned in the BIDDING DOCUMENT). The Bidder’s representatives, who are present, shall sign a register evidencing their attendance. Bidders’ whose bids are not opened for any reason, will not be allowed to be present during bid opening.

The Bidder(s) names, modifications, bid withdrawals and such other details as EIL, at its discretion, may consider appropriate will be announced and recorded at the time of opening of unpriced bids as specified in the BIDDING DOCUMENT.

17.0 BID EVALUATION CRITERIA The owner will examine the bids to determine whether the bids are complete as per requirements (Sl. No. 9.0 of ITB) and are in order. Net worth of the bidder should be positive as per the audited financial results for the immediate preceding financial year. The offer of the bidder whose net worth is “Negative” in the immediate preceding financial year shall not be considered for further evaluation. In case, audited balance sheets and profit & loss account of immediate preceding financial year is not available for bid closing date up to 30th September, the bidder has an option to submit the audited balance sheets and profit & loss account of the immediately prior to the last financial year. However, for bid closing date after 30th September, bidder has to compulsorily submit the audited balance sheets and profit & loss account for the immediate preceding financial years for evaluation. Owner will examine the bids to determine whether they are complete, whether the original bidding document and Addendum / Corrigendum if any, have been returned with signed all the pages and the bids are generally in order. Completeness of bid is the responsibility of Bidder and no relief or

consideration can be given for errors and omissions made by the Bidder inadvertently or advertently. Bid with incomplete information is liable for rejection. EIL, if necessary, will obtain clarifications on the Bid by requesting for such information / clarifications from any or all Bidders, either in writing or through personal contact. All responses shall be in writing, and no change in the price or substance of the bid shall be permitted unless specifically sought by EIL. EIL reserve the right to assess Bidder’s capability and capacity to execute the work using in-house information including taking into account other aspects such as concurrent commitments, past performance etc.

UNSOLICITED POST TENDER MODIFICATIONS:

Bidders are advised to quote strictly as per terms and conditions of the Bidding Document and not to stipulate any deviations/exceptions. Once quoted, the bidder shall not make any subsequent price changes, whether resulting or arising out of any technical / commercial clarifications sought on any deviations or exceptions mentioned in the bid. Similarly, no revision in quoted price shall be allowed should the deviations stipulated by him are not accepted by Owner and are required to be withdrawn by him in favour of stipulation of the Bidding Document. Any proposed price changes is likely to render the bid liable for rejection. COMPLETE SCOPE OF WORK: The complete scope of work has been defined in the Bidding Document. Only those bidders who quote for the complete scope of work as contained in the Bidding Document shall be considered as acceptable.

18.0 OPENING OF PRICE BIDS

Bidders found to be technically and commercially acceptable will be advised of date, time & venue for the online priced bid opening. Bidders may depute their authorised representative, along with letter of authority, to attend price bid opening. The price bids of those Bidders determined to be not technically and commercially acceptable will be rejected and will not be called for price bid opening. The Bidder’s names, bid prices, modifications and bid withdrawals and such other details as the Purchaser, at its discretion, may consider appropriate will be read out at the time of opening of priced bids of technically and commercially acceptable Bidders.

19.0 EVALUATION AND COMPARISON OF BIDS

19.1 Total work shall be awarded to one vendor only.

19.2 The total quoted price on FOT Site basis excluding taxes & duties shall be taken up for evaluation, after necessary arithmetic correction.

19.3 The following shall be added to the above total quoted prices to arrive at the evaluated prices:

ii. Sales Tax (CST/VAT) quoted in the Price Schedule. iii. 20% of the amount of the Service Tax quoted in the Price Schedule.

iv. Loading for techno-commercial deviations, if any, inline with the loading / rejection criteria enclosed in the Bidding Document

19.4 The work shall be awarded to the bidder whose total evaluated price is the

lowest.

19.5 Any unsolicited reduction in price offered by a bidder within the bid validity by way of discount or revised prices, subsequent to the bid due date, shall not be taken into account for comparison. However, such reduction in price shall be taken into account for ordering if such bidder happens to be recommended as per the originally quoted prices.

19.6 In the event of any unsolicited price increase sought by any bidder, subsequent to the bid due date, the bid of such a bidder shall be rejected. Notwithstanding anything, a bidder shall not be awarded an order on increased prices. In all such cases of rejection of a bid, EMD, if submitted, by the Bidder, shall also be forfeited.

20.0 CONTACTING THE PURCHASER

No Bidder shall contact the EIL on any matter relating to its bid from the time of bid opening to the time the Contract is awarded.

Any efforts by a Bidder to influence the PURCHASER’S bid evaluation, bid comparison or contract award decisions may result in the rejection of the Bidder’s bid.

21.0 PURCHASER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

EIL reserves the right to accept or reject any bid and to annul the bidding process and reject all bids, at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligations to inform the affected Bidder or Bidders of the ground for the Purchaser’s action.

The submission of any bid connected with these documents and specifications shall constitute an agreement that the Bidder shall have no cause for action or claim, against the Purchaser for rejection of his bid. The Purchaser shall always be at liberty to reject or accept any bid or bids at his sole discretion and any such action will not be called into question and the Bidder shall have no claim in that regard against the Purchaser.

22.0 NOTIFICATION OF AWARD Prior to the expiration of period of bid validity, EIL will notify the successful Bidder in writing or by fax to be confirmed in writing that his bid has been accepted. The Notification of Award will constitute the formation of the Contract.

Completion Period shall be counted from the date of Notification of Award/ Brief Order / FOA. The Notification of Award will constitute the formation of Contract, until the Contract has been effected.

23.0 ISSUE OF PURCHASE ORDER

After the successful Bidder has been notified that his bid has been accepted, the Purchaser will send to such Bidder a detailed Purchase Order incorporating all the terms and conditions agreed between the parties.

Within 3 days of receipt of the detailed Purchase Order, the Bidder shall acknowledge and return the copy of purchase order duly signed and stamped to the Purchaser for their records.

24.0 CLARIFICATION REQUESTS FROM BIDDER

A bidder may seek clarifications regarding the provision of Bidding Document provisions, bidding process and/ or rejection of his bid. EIL shall respond to such request within a reasonable time.

25.0 ORDER OF PRECEDENCE

In case of contradiction between Price Schedule, Instructions to Bidders, Agreed Terms & Conditions and General Purchase Conditions, the following shall prevail in order to precedence: i) Price Schedule ii) Agreed Terms & Conditions iii) Instruction to Bidders iv) General Purchase Conditions

ANNEXURE I TO ITB

Instructions for Online Bid Submission:

The bidders are required to submit soft copies of their bids electronically on the CPP Portal (URL: http://eprocure.gov.in) only, using valid Digital Signature Certificates. The instructions given below are meant to assist the bidders in registering on the CPP Portal, prepare their bids in accordance with the requirements and submitting their bids online on the CPP Portal.

More detailed information useful for submitting online bids on the CPP Portal may be obtained at:

http://eprocure.gov.in/eprocure/app .

REGISTRATION

1) Bidders are required to enroll on the e-Procurement module of the Central Public Procurement Portal (URL: http://eprocure.gov.in/eprocure/app) by clicking on the link “Click here to Enroll” on the CPP Portal is free of charge.

2) As part of the enrolment process, the bidders will be required to choose a unique username and assign a password for their accounts.

3) Bidders are advised to register their valid email address and mobile numbers as part of the registration process and submit in EIL tender portal for updation of records (http://tenders.eil.co.in) . These details would be used for any communication from the CPP Portal.

4) Upon enrolment, the bidders will be required to register their valid Digital Signature Certificate (DSC) (Class II or Class III Certificates with signing key usage) issued by any Certifying Authority recognized by CCA India (e.g. Sify / TCS / nCode / eMudhra etc.), with their profile.

5) Foreign Bidders have to refer “DSC details for foreign Bidders” for Digital signature Certificates requirements which comes under Download Tab at http://eprocure.gov.in/eprocure/app and the remaining part is same as above and below.

6) Only one valid DSC should be registered by a bidder. Please note that the bidders are responsible to ensure that they do not lend their DSC’s to others which may lead to misuse.

7) Bidder then logs in to the site through the secured log-in by entering their user ID / password and the password of the DSC / e-Token.

SEARCHING FOR TENDER DOCUMENTS

1) There are various search options built in the CPP Portal, to facilitate bidders to search active tenders by several parameters. These parameters could include Tender ID, organization name, location, date, value, etc. There is also an option of advanced search for tenders, wherein the bidders may combine a number of search parameters such as organization name, form of contract, location, date, other keywords etc. to search for a tender published on the CPP Portal.

2) Once the bidders have selected the tenders they are interested in, the same can be moved to the respective ‘My Tenders’ folder. This would enable the CPP Portal to intimate the bidders through SMS / e-mail in case there is any corrigendum issued to the tender document.

3) The bidder should make a note of the unique Tender ID assigned to each tender, in case they want to obtain any clarification / help from the Helpdesk.

PREPARATION OF BIDS

1) Bidder should take into account any corrigendum published on the tender document before submitting their bids.

2) Please go through the tender advertisement and the tender document carefully to understand the documents required to be submitted as part of the bid. Please note the number of covers in which the bid documents have to be submitted, the number of documents - including the names and content of each of the document that need to be submitted. Any deviations from these may lead to rejection of the bid.

3) To avoid Network congestion, Bidder is recommended to upload file size of up to Maximum 35 MB per part. However, in case file size exceeds 35 MB, bidder may compress the files by scanning with 75 dpi setting as per s.no 4 below and can use additional 25 MB space (“My Documents”) provided to the bidder as per s.no 5 below.

4) Bidder, in advance, should get ready the bid documents to be submitted as indicated in the tender document and generally, they can be in PDF / XLS / RAR / DWF formats. Bid documents may be scanned with 75 dpi with black and white option. However, Price Schedule / SOR shall be strictly in RAR format without altering any contents of the formats uploaded by EIL in their Bidding Document.

5) To avoid the time and effort required in uploading the same set of standard documents which are required to be submitted as a part of every bid, a provision of uploading such standard documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has been provided to the bidders. Bidders can use “My Documents” area available to them to upload such documents. These documents may be directly submitted from the “My Documents” area while submitting a bid, and need not be uploaded again and again. This will lead to a reduction in the time required for bid submission process.

SUBMISSION OF BIDS

1) Bidder should log into the site well in advance for bid submission so that he/she upload the bid in time i.e. on or before the bid submission time. Bidder will be responsible for any delay due to other issues.

2) The bidder has to digitally sign and upload the required bid documents one by one as indicated in the tender document.

3) Bidder has to select the payment option as “offline” to pay the tender fee / EMD as applicable and enter details of the instrument.

4) Bidder should prepare the EMD as per the instructions specified in the tender document. The original should be posted/couriered/given in person to the Tender Processing Section, with in 7 calendar days of the date of Unpriced bid opening. The details of the DD/any other accepted instrument, physically sent, should tally with the details available in the scanned copy and the data entered during bid submission time. Otherwise the uploaded bid will be rejected.

5) A Price Bid format has been provided with the tender document to be filled by all the bidders. Bidders are requested to note that they should necessarily submit their financial bids in the format provided and no other format is acceptable. Bidders are

required to download the Price Bid file, open it and complete the cells with their respective financial quotes and other details (such as name of the bidder). No other cells should be changed. Once the details have been completed, the bidder should save it and submit it online, without changing the filename. If the Price Bid file is found to be modified by the bidder, the bid will be rejected.

6) The server time (which is displayed on the bidders’ dashboard) will be considered as the standard time for referencing the deadlines for submission of the bids by the bidders, opening of bids etc. The bidders should follow this time during bid submission.

7) All the documents being submitted by the bidders would be encrypted using PKI encryption techniques to ensure the secrecy of the data. The data entered cannot be viewed by unauthorized persons until the time of bid opening. The confidentiality of the bids is maintained using the secured Socket Layer 128 bit encryption technology. Data storage encryption of sensitive fields is done.

8) The uploaded tender documents become readable only after the tender opening by the authorized bid openers.

9) Upon the successful and timely submission of bids, the portal will give a successful bid submission message & a bid summary will be displayed with the bid no. and the date & time of submission of the bid with all other relevant details.

10) The bid summary has to be printed and kept as an acknowledgement of the submission of the bid. This acknowledgement may be used as an entry pass for any bid opening meetings.

RETENDER

Please note that if Tender has been retendered, than it is mandatory for the bidder to submit their offer again on CPP Portal.

WITHDRAWAL OF BID

It may please be noted that bidders now have an additional feature of withdrawing their bids before due date and time. After submitting the bid on the CPP Portal, if the bidder wishes to withdraw his bid, he can do so. However, if the bidder withdraws his bid, he will be exempted from further participation in the tender and won’t be able to submit his bid again for that particular tender.

ASSISTANCE TO BIDDERS

1) Any queries relating to the tender document and the terms and conditions contained therein should be addressed to the Tender Inviting Authority for a tender or the relevant contact person indicated in the tender.

2) Any queries relating to the process of online bid submission or queries relating to CPP Portal in general may be directed to the 24 x 7 CPP Portal Helpdesk. The contact number for the helpdesk is 1800-3070-2232 and Mobile Nos +91-7878007972, +91-7878007973.

ANNEXURE II TO ITB

Electronic Payment Mandate Form

MANDATE FOR RECEVING PAYMENTS THROUGH RTGS / NEFT

1. Vendor name :

2. Vendor code :

3. Permanent Account Number (PAN) :

4. Particulars of bank account :

a. Name of the Bank ;

b. Name of the branch :

c. Branch Code :

d. City Name :

e. Branch Location :

f. Branch Telephone No. :

g. Bank IFSC Code :

h. 9-Digit MICR code : (Where MICR is starting with “0” please take correct code from your bank for proper identification of city, bank, branch)

i. Type of the account (S.B. Current or Cash Credit) :

with code (010/011/013)

j. Account number (as appearing on : the cheque book)

k. RTGS CODE: NEFT CODE :

5. E-mail address of vendor :

6. Date of Effect of RTGS/NEFT in your Bank :

(Please enclose a cancelled unsigned cheque leaf to enable us to verify the details mentioned above).

We hereby declare that the particulars given above are correct and complete. If the transaction is delayed or lost because of incomplete or incorrect information we would not hold the company responsible

(………..………………..) Signature of the vendor

Bank Certificate

We certify that________________has an Account No________________with us and we confirm that the details given above are correct as per our records. Date: (………..………………………...) Place: (Authorized official of Bank)

ANNEXURE III TO ITB

BID COMPLIANCE STATEMENT

We hereby confirm that our offer complies with the total techno-commercial requirements/ terms and conditions of the bidding document and subsequent addendum/corrigendum (if any) without any deviation/ exception/ comments/ assumptions.

We also confirm that we have quoted for all items of schedule of rates and prices have been filled without any condition and deviation.

SIGNATURE OF BIDDER : _______________________ NAME OF BIDDER : _______________________ COMPANY SEAL :

ANNEXURE-IV

CUT-OUT SLIP

DO NOT OPEN [DOCUMENTS IN PHYSICAL FORM]

ITEM ACQUISITION OF AFT-FATHOM SOFTWARE BIDDING DOCUMENT NO. AK/8502-000-00-MR-8911/7274

To:

From BIDDER’S NAME:

ADDRESS & Contact No.

Mr. K. N. Mahapatra DGM (C&P) Tower I - First Floor Engineers India Limited Sector-16, Gurgaon, Haryana

ENGINEERS INDIA LIMITED

GENERAL PURCHASE CONDITIONS (INDIGENOUS)

COMPUTER RELATED ITEMS

1. DEFINITIONS As used in these terms & conditions and / or the order the following expressions shall have meaning indicated against each of these : Purchaser : Purchaser means Engineers India Limited, having its registered office at 1, Bhikaiji Cama Place, R.K. Puram, Ring Road, New Delhi – 110066. The term Purchaser includes the successors & assigns of Engineers India Limited. Supplier : Supplier means the person, firm or corporation to whom the purchase order is issued. The term Supplier includes its successors and assigns. Goods : Goods, means the articles materials, machinery, equipment, supplies, drawings, data and other property and all services including design, delivery, installation, inspection, testing & commissioning specified or required to complete this purchase order.

2. COMPLETE AGREEMENT The Purchase Order, including the terms and conditions, the specifications and any additions terms and conditions incorporated in and attached hereto, constitutes the sole and entire agreement between the parties hereto. Supplier’s quotation is incorporated in and made a part of this purchase order only to the extent of specifying the nature and description of the goods ordered and then only to the extent that such items are consistent with the terms of the purchase order. No other term or conditions shall be binding upon purchaser unless accepted by purchaser in writing.

3. DELETED

4. REVISIONS, CHANGES & CANCELLATION

The Purchaser may make in writing any revisions or changes to the Purchase Order, including additions to or deletions from the quantities originally ordered, to the specifications or drawings. If any such revisions / changes affect the contract price or delivery, the same shall be subject to adjustment of price / delivery, where required, on a very reasonable basis by mutual agreement. The Supplier shall carry out such revisions / changes and be bound by the same terms and conditions to the extent applicable as though the said revisions were incorporated in the initial order.

Claim for revision and changes shall be made by the Supplier within 15 days thereof.

TERMINATION 4.1 Termination for Convenience

EIL shall, in addition to any other right enabling it to terminate the Contract, have the right to terminate the contract with a 30 days notice to the Supplier, in whole or in part, at any time for its convenience.

However, in the aforesaid event, Supplier is entitled to be paid: a. the Contract Price attributable to the Works performed as at the date of termination, b. the costs reasonably incurred by the Supplier in terminating any subcontracts as a result of the termination of the Contract.

4.2 Termination for Default Contract may be terminated by EIL, at its sole and absolute discretion, upon the occurrence of any of the following events/acts committed by the Supplier (each a “Supplier's Event of Default”) by issuing a notice to the Supplier, stating the intention of EIL to terminate the Contract:

(a) The Supplier fails to comply with the terms of the Contract including specifications and other technical requirements.

(b) The Supplier suspends the performance of all or part of the work.

(c) The Supplier becomes bankrupt or goes into receivership or liquidation or makes an assignment for the benefit of his creditors.

(d) The Supplier fails to deliver the goods on time and/or replace the rejected goods promptly.

(e) gives any warranty or makes any representation under the Contract which is found to be false or misleading;

(f) fails to furnish or renew the Contract Performance Bank Guarantee / Performance Bank Guarantee as stipulated in the Bidding Document;

4.3 If the Supplier fails to remedy or rectify the default stated in the notice issued by EIL under Clause 4.2 within 30 (thirty) days of receipt of such notice, EIL shall be entitled to terminate the Contract by issuing a termination notice. However, in case of events specified in Clause 4.2 (b) and (c), EIL shall be entitled to immediately terminate the Contract without giving any notice to the Supplier. The provision of this clause shall not prejudice the right of the Purchaser from invoking the other provisions mentioned in the contract.

4.4 If the Contract is terminated under Clause 4.3, in that event Purchaser will be entitled to complete the work from the open market and recover the excess payment over the supplier’s agreed price, if any, from the Supplier. However, in such an eventuality, the liability of Supplier shall be limited to Total Order value in line with below Clause No. 29. EIL will not be bound to make any further payment to the Supplier until the full and final cost of completion of the Works by EIL or other suppliers and all damage, loss or expense suffered or incurred by EIL as a result of the termination of the Contract have been ascertained.

4.5 Upon all cost, damages, loss and/or expense being ascertained under

Clause 4.4, the Engineer-in-Charge must issue a certificate stating the total amount of the cost of completing the Works and any damage, loss or expense suffered or incurred by EIL as a result of the termination of the Contract.

4.6 If the Contract Price attributable to the Works performed as at the date

of termination less the aggregate of: (a) all previous payments allocated to the Works which have been paid to the Supplier; and (b) the amount stated in the certificate under Clause 4.5,

i) is a positive amount payable to the Supplier, then EIL must pay such amount to the Supplier within 15(fifteen) Business Days of the issuance of the certificate pursuant to Clause 4.5; or

ii) is a negative amount payable to the Supplier, then an amount

equal to that negative sum will be a debt due and payable to EIL by the Supplier or and the Supplier must pay such amount to EIL within 15 (fifteen) days of EIL raising an invoice for that amount.

5. PRICES

i) Firm Prices :

The order price shall remain firm & will not be subject to escalation of any description during the pendency of the order, not withstanding any change in the cost of materials or of labor or of any other cost element which may take place while this order is being carried out, even though it might be necessary for the Supplier, for any reasons whatsoever, to take longer than the delivery periods indicated in the order.

ii) Transit Insurance & all insurance until installation : Shall be arranged and borne by the Supplier.

iii) Taxes & Duties : The quoted Price shall be deemed to be inclusive of all taxes and duties including VAT on Works Contract except Sales Tax, Cenvatable Excise Duty, Service Tax, Octroi, Entry Tax on finished goods/ final services.

iv) Divisibility of Order : Unit prices and discounts, if any, shall be applicable for ordering, without any stipulation of minimum order value or on the basis of total order for items covered in the requisition.

v) Price Basis : The prices shall be based on delivery at EIL inclusive of packing, forwarding road / air freight, installation, commission, acceptance test and transit risk insurance.

6. PAYMENT Payment will be made in accordance with following provision. The time for payment of invoices, or for accepting any discounts offered shall run only from the date of approval specified in the order or from the date of receipt of Supplier’s correct invoices, whichever is later. Terms of payment of Purchaser shall be as per “Agreed Terms & Conditions” which must be accepted by Supplier. Payment shall not be released unless the Supplier furnishes, test reports, manuals and full documentation.

7. DELIVERY & DELAYS (i) Contractual Delivery Date :

The contractual delivery date is the date on which goods shall be delivered at Site. Supplier shall indicate installation time in terms of week after delivery of the goods. Time of delivery as mentioned in purchase order shall be the essence of the order and no variation shall be permitted, except with prior authorization in writing from Purchaser.

(ii) Price Reduction Schedule for Delayed Deliveries : In the event of delay on the part of the Supplier it will be at Purchaser’s discretion to accept delivery with a price reduction schedule for delayed deliveries @ 1/2% of total order value per week of delay or part thereof subject to a maximum of 5% of total order value.

(iii) Force Majeure : Delivery dates will be extended to the Supplier without being subject to “Price Reduction Schedule for Delayed Deliveries:, in the event of causes of force majeure within the contractual delivery periods, only the following will be considered causes of force majeure: acts of God (like earthquakes, floods, storms, etc.), acts of States including power-cuts, the direct and indirect consequence of wars (declared or undeclared), hostilities, national emergencies, civil commotions and strikes (only these which exceed a duration of ten continues days of Supplier’s complete factory). The Supplier shall immediately inform the Purchaser by registered and detailed letter supported by documentary proof at the beginning and end of all such implements. It is understood that delivery dates will be extended only for the duration of the above mentioned impediments.

8. DELAYS AND NON-CONFORMANCE

In the event of delay in delivery and/or unsatisfactory manufacturing progress and supply, the Purchaser has the right to :- i) Hire for the period of delay the goods at Supplier’s risk and cost.

ii) Cancel the purchase order in whole or in part without liability for

cancellation charges procure goods from elsewhere at Supplier’s risk and cost.

iii) Hire the substitute goods vide (i) above and if the ordered goods continue to remain undelivered thereafter, cancel the order in part or in full vide (i) above. In the event of rejection of non-confirming goods Supplier shall be allowed without extension of delivery time to correct the non-conformities. Should however, Supplier fail to so within the stipulated time, the purchaser may cancel the order as to the non-conforms goods and retain the same right with respect to substitution as are set out in the preceding paragraph and, in addition, recover actual expense incurred by Purchaser in installing at removing the non-conforming goods. Alternatively, however, Purchaser may at its option have or cause the non-conformity to be corrected at Supplier’s expense. Purchaser reserves the right to claim damages for use of defective or sub-standard goods supplied by the Supplier irrespective of the fact whether goods were inspected prior to receipt at project site by the Purchaser or not.

However, in an eventuality of work done at Supplier’s risk & cost, the liability of Supplier shall be limited to Total Order value in line with below Clause No.29.

9. NON WAIVER Failure of Purchaser to insist upon strict performance of any of the terms & conditions hereof, or failure or delay to exercise any rights or remedies provided herein or by law or failure to properly notify Supplier in the event of breach or the acceptance of or payment for any goods hereunder or approval of design, shall not release Supplier of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the Purchaser to insist upon strict performance hereof or of any of its rights or remedies as to any such goods regardless when shipped, received or accepted, nor shall any purported oral modification or rescission of this Purchase Order by Purchaser operate as a waiver of the terms hereof.

10. INSPECTION & EXPEDITING The materials and workmanship covered by the Purchase Order shall be subject to inspection and testing at any time prior to shipment and or dispatch and to final inspection within a reasonable time after arrival at the place of delivery. Inspectors shall have the right to carryout the inspection and testing which will include the raw materials at manufacturer’s shop, and at the time of actual dispatch both before / and after completion of packing. All tests, mechanical and others and particularly those required by Codes will be performed at the Supplier’s expense and in accordance with Inspector’s instructions. The salaries and fees of inspectors and their travel, lodging and boarding expenses will not be borne by the Supplier unless inspections became infructuous due to any omission or commission on the part of the Supplier. Before shipping or dispatch the materials will have to be checked and stamped by Inspectors who are authorized also to forbid the use and dispatch of any materials which during tests and inspection fail to comply with the specifications, codes and testing requirements. The Supplier shall : - Inform EIL at least fifteen days in advance of the exact place, date

and time for rendering the materials for required inspection.

- Provide free access to Inspectors during normal working hours to Suppliers or his its sub-supplier’s works and place at their disposal all useful means of performing, checking, marking, testing, inspection and final stamping.

Even if the Inspections and tests are fully carried out, Supplier would not be absolved to any degree from his responsibilities to ensure that all materials supplied comply strictly with the requirements as per agreement at the time of delivery, inspection, and on putting into their designated service at site and during the guarantee period. The Supplier’s responsibility will not be lessened to any degree due to any comments made by Inspectors on the Supplier’s drawings or specifications or inspectors witnessing the tests. In any case, the materials must be in strict accordance with the Purchase Order and / or its attachments failing which the Purchaser shall have the right to reject the goods and hold the Supplier liable for non-performance of the contract. Purchaser / their authorized representatives will expedite both manufacture and shipment of material covered by the Purchase Order and they shall have free access to Supplier’s shop and / or sub-supplier’s shop at any time and they shall be provided with all the necessary assistance and information to help them perform their job. In order to facilitate over-all execution of the order within the contractual delivery date. Supplier shall furnish to EIL, within 2 weeks of receipt of the Purchase Order the required number of copy of documents such as but not limited to schedules / PERT Charts, unpriced copies of sub-orders to contracts, phased programme of itemwise manufacturing, testing and delivery and any other information, documentation as may be called for by the Purchaser.

11. WARRANTIES / GUARANTEE Supplier shall warrant to Purchaser that the goods supplied shall give the required operation performance, shall be suitable for the service intended and be of the quality specified or of best grade of their respective varieties if no quality is specified and shall conform to the specifications, drawings, samples and other descriptions contained in the Purchase Order. Supplier shall guarantee Purchaser and his authorized representative against any and all defects design, workmanship and materials for a period as stipulated in the MR. Should any defect develop during guarantee period, it shall be rectified promptly free of charge by the Supplier and all expenses for transportation and return of goods necessitated for such repair or replacement shall be borne by the Supplier. The goods unless otherwise expressly stated herein, are ordered by Purchaser in reliance on case and all of the warranties and guarantee specified herein all implied by law or usage of trade. The said warranties and guarantees shall govern even if Supplier’s quotation to Purchaser or acknowledgement of this Purchase Order attempts to the

said warranties or guarantees or limits the Purchaser or his authorized representatives and shall not release Supplier from responsibilities arising out of the above mentioned guarantees and warranties.

12. INFRINGEMENT OF PATENTS, ETC. Supplier shall warrant that the sale or use of goods supplied under this orders whether designed and manufactured so as to comply with Purchaser’s specifications or otherwise of any person by way of infringement or any patent copyright, trademark or industrial design, or the like and shall hold Purchaser harmless and indemnify Purchaser and his authorized representative at its own cost from any and all such claims and legal proceedings.

13. COMPLIANCE OF REGULATIONS Supplier shall warrant that all goods and services covered by these conditions should have been produced, sold, supplied, dispatched, delivered and furnished in strict compliance with all applicable laws, regulations, labor agreements, working conditions and technical codes and requirements as applicable from time to time. Supplier shall execute and deliver such documents as may be required to be incorporated in agreements of this character are hereby deemed to be incorporated by this reference. The Purchaser and his authorized representatives will not own any responsibility for any irregularity, contravention of infringement of any statutory regulations on the manufacture or supply of goods covered by this order.

14. NON-ASSIGNMENT Any assignment by Supplier of this Purchase Order or of any rights hereunder in any manner or hypothecation of materials of construction supplied by the Supplier in whole or in part of, operation of law or otherwise, without the prior written consent of Purchaser shall be void. Any such consent shall not relieve the Supplier from its obligations under this order.

15. GOVERNING LAW AND JURISDICTION All disputes relating to this order between the Purchaser and the Supplier shall be deemed to have arisen in the State of Delhi and is subject to Jurisdiction by New Delhi Courts.

16. PACKING & MARKING Packing and marking should be capable to withstand transit hazards and should be acceptable to roadways / railways carriers. Fragile articles must be packed with special precautions and should bear the

markings “Fragile Handle with Care” and / or “This Side Up” etc. as required. Items shipped in bundles must be securely tied with steel wire or straps at suitable intervals. All delicate surfaces on equipment / materials should be carefully protected and painted with protective paint compound and wrapped to prevent rusting and damage. All mechanical and electrical equipment and other heavy articles should be securely fastened to the bottom of the case and shall be blocked & braced to prevent movement. Attachments and spare parts of equipments and all small pieces shall be packed in cases with adequate protection. Each item shall be tagged so as to identify it with the main equipment and on it part number and reference number shall be indicated. All protrusions shall be suitably protected and openings shall be blocked by wooden covers. Wherever required equipment / materials shall be packed in polyphone bags and silica-gel or similar dehydrating compound shall be put inside the bags to protect them. The supplier shall be held liable for all damages or breakages to the goods due to the defective or insufficient packing as well as for corrosion due to insufficient protection. On three sides of the packages the following marks shall appear clearly visible and in indelible paint. From : (Name and ADDRESS) For : EIL, New Delhi Description : Order No. : Item : Case No. (Sl. No. of total cases) Dimensions. For each order and every shipment, packages must be marked with serial progressive numbering. All packages that required special handling and transport should have their centre of gravity and points at which they may be slung or gripped, clearly indicated and marked ‘Attention Special Load, Handle with Care” both in Hindi and the English language. Steel tags shall be provided with complete shipping marks for all bundles bags. A copy of packing list shall be placed along-with the materials inside each case, crate, carton.

While dispatching, Supplier shall obtain a clean RR / GR without any qualification remarks.

17. TECHNICAL INFORMATION All drawings, specifications and any other details and information furnished by the Purchaser to the Supplier shall at all time remain the property of the Purchaser and shall be returned by the Supplier on demand. The Supplier shall not make any use of drawings and specifications for any purpose at any time save and except for the purpose of the Purchaser. Supplier shall not disclose the technical information furnished to or gained by the Supplier unless or by virtue of or as a result of the implementation of this Purchase Order, to any person, firm, body corporate or authority and shall use all endeavors to ensure that the technical is kept “CONFIDENTIAL”.

18. SUBSTITUTION AND WRONG SUPPLIES Unauthorized substitution of materials delivered in error or of the wrong description or quality or supplied in excess of the quantity ordered or rejected goods shall be refundable only at the expense of the Supplier after due notification to him. Supplier shall bear the responsibility for and shall bear among other relevant charges, transportation expenses both ways.

19. DEFERMENT OF DESPATCH DATE AND STORAGE The Purchaser shall have at his own discretion, the right to ask Supplier to defer dispatch of goods by a period not exceeding 30 days. The care and storage of the goods during this period shall rest with the Supplier and all expenses in this regard shall be borne by the Supplier. Purchaser may ask for the deferment of dispatch date beyond 30 days and in such cases storage charges at mutually agreed rates shall be paid to the Supplier and pro-rata payment will be released against a Bank Guarantee for an equal amount.

20. CONFLICT AMONG ORDER TERMS & CONDITIONS In case of any conflict between these conditions of the order and any other special and typed conditions agreed to for a particular order the latter shall prevail to the event applicable.

21. ARBITRATION All disputes or differences whatsoever which may arise at any time during execution of the Contract shall be mutually settled by EIL and Supplier as per provision of the Contract. However, in the event such disputes cannot be settled mutually, such disputes shall be settled as per the Arbitration and reconciliation Act, 1996 of the Govt. of India and

it's subsequent amendments. In case of disputes with the Central PSUs, the same shall be settled as per the following:

“In the event of any dispute or difference relating to the interpretation and application of the provisions of the contracts, such dispute or difference shall be referred by either party for Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary/Additional Secretary, when so authorized by the Law Secretary, whose decision shall bind the Parties finally and conclusively. The Parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator.” However, during the period such disputes are settled either by mutual discussions between the parties or by legal means, Supplier shall continue to do the work as per terms & conditions of Contract. The venue of arbitration shall be New Delhi.

22. IMPORT LICENSE Supplier must note that Purchaser will not be in a position to provide any import license for the equipments / components or spare thereof.

23. DESPATCH INSTRUCTIONS Unless otherwise specifically advised in writing, goods shall not be dispatched without prior inspection & testing and release orders/material acceptance certificates being issued by Inspectors. Supplier shall exercise due care and ensure that the consignment shall be booked under appropriate roadways / railway classification, failing which any additional freight incurred by Purchaser due to Supplier booking the material under a wrong classification, shall be to Supplier’s account. Purchaser reserves the right to advise any change in dispatching point destination and or mode of transport as may be required. Any extra expenditure on this account supported by documentary evidence, will be reimbursed by the Purchaser.

24. SUB-ORDERING The Supplier shall not sublet, transfer or assign any part of the job without the consent of the Purchaser. All such sub-orders shall be copied to the Purchaser.

25. DELETED

26. INVOICING & NEGOTIATIONS OF DESPATCH DOCUMENTS Despatch documents shall consist of invoices, packing list or delivery challan, railway or lorry receipt etc. Packing list or delivery challans shall contain the following :- - Purchase Order No.

Dated

- Mode of dispatch and address

- Date of Despatch

- Mode of packing, tables with specified contents, gross and net weight, dimensions of packing / equipment.

- Indicating in regard to entire, part of rest shipment.

DESPATCH ADDRESS Engineers India Limited, Engineers India House, 1, Bhikaiji Cama Place, New Delhi-110066 INVOICING All the Bills invoices will be made in the name of Engineers India Limited; Despatch Documents including packing slips shall be distributed as listed below : - Original Invoice with a copy of packing list to DGM (Accounts)

Engineers India Limited, 1, Bhikaiji Cama Place, R.K. Puram, New Delhi – 110066.

- One copy each of Invoice. Packing List and transport receipt to : (a) DGM (Inspection) Engineers India Limited, 1, Bhikaiji Cama

Place, R.K. Puram, New Delhi – 110066.

(b) DGM (ITS) Engineers India Limited, 1, Bhikaiji Cama Place, R.K. Puram, New Delhi – 110066.

(c) DGM (Purchase) Engineers India Limited, 1, Bhikaiji Cama Place, R.K. Puram, New Delhi – 110066.

27. DELETED

28. Purchaser reserves the right to accept or reject any tender in part or full including those received late or incomplete without any reason whatsoever, we also reserve our right not be accept the lowest rates quoted by the Suppliers and to allow to the Public Enterprises purchase preference facilities as admissible under the existing policy.

29. LIMITATION OF LIABILITY

The aggregate total liability of the Supplier to EIL under the Purchase Order shall not exceed the total Order value, except that this Clause shall not limit the liability of the Supplier for following: i) In the event of breach of any Applicable Law; ii) In the event of fraud, willful misconduct or illegal or unlawful acts,

or gross negligence of the Supplier or any person acting on behalf of the Supplier; or

iii) In the event of any claim or loss or damage arising out of

infringement of Intellectual Property; or iv) For any damage to any third party, including death or injury of any

third party caused by the Supplier or any person or firm acting on behalf of the Supplier in executing the Order.

Neither Party shall be liable to the other Party for any kind of indirect or consequential loss or damage including, loss of use, loss of profit, loss of production or business interruption which is connected with any claim arising under the Purchase Order.

30. FRAUDULENT PRACTICES

i) The Owner requires that Bidders/ Vendors/ Contractors observe the highest standard of ethics during the award/ execution of Contract. "Fraudulent Practice" means a misrepresentation of facts in order to influence the award of a Contract to the detriment of the Owner, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the owner of the benefits of free and open competition.

ii) EIL will reject a proposal for award if it determines that the bidder

recommended for award has engaged in fraudulent practices in competing for the Contract in question.

iii) Bidder is required to furnish the complete and correct information/

documents required for evaluation of their bids. If the information/ documents forming basis of evaluation is found to be false/ forged, the same shall be considered adequate ground for rejection of bids and forfeiture of Earnest Money Deposit.

iv) In case, the information/ document furnished by the Bidder/ Vendor/ Contractor forming basis of evaluation of his bid is found to be false/ forged after the award of the contract, Owner shall have full right to terminate the contract and get the remaining job executed at the risk & cost of such Bidder/ Vendor/ Contractor without any prejudice to other rights available to Owner under the contract such as forfeiture of CPBG/ Security Deposit, withholding of payment etc.

v) Incase, this issue of submission of false documents comes to the

notice after execution of work, Owner shall have full right to forfeit any amount due to the Bidder/ Vendor/ Contractor along with forfeiture of CPBG/ Security Deposit furnished by the bidder/vendor/ contractor.

vi) Further, such bidder/ vendor/ contractor shall be put on Blacklist/

Holiday/ Negative List of owner debarring them from future business with Owner for a time period, as per the prevailing policy in EIL.

31. LIABILITY OF GOVERNMENT OF INDIA

i) It is expressly understood that Govt. of India is not a party to this Contract and has no liability, obligations or rights hereunder. It is expressly understood that EIL is an independent legal entity with power and authority to enter into the Contract solely on its behalf under the Applicable Laws and general principles of contract law.

ii) The Contractor expressly agrees and acknowledges and

understands that EIL is not an agent, representative or delegatee of Government of India.

32. SEVERABILITY

If any provision of the Contract shall be determined to be invalid, illegal or unenforceable under Applicable Laws, all other provisions of the Contract shall continue in full force and effect unless such invalidity or unenforceability adversely affects the underlying intent of the Contract or unless the invalid or unenforceable provision comprises an integral part of, or is inseparable from the remainder of the Contract. In such circumstances the Parties shall negotiate in good faith with a view to agreeing upon one or more provisions which may be substituted for such invalid, illegal or unenforceable provisions, as nearly as is practicable. Provided failure to agree upon any such provisions shall not be subject to dispute resolution under this Contract or otherwise.

33. CONFIDENTIALITY AND CONFIDENTIAL INFORMATION 33.1 Both Parties shall treat the details of the Contract as private and

confidential, except to the extent necessary to carry out obligations

under it or to comply with Applicable Laws. The Supplier shall not publish, permit to be published, or disclose any particulars of the Works in any trade or technical paper or elsewhere without prior consent of EIL.

33.2 The Supplier shall treat the Confidential Information as private and

confidential, save in so far as may be necessary for the fulfillment of its obligations under the Contract, and shall not use, copy, publish, disclose or otherwise deal with, nor cause nor permit its Sub contractor or any persons for whom it is contractually or otherwise responsible for, to use, copy, publish, disclose or otherwise deal with the Confidential Information, without prior consent in writing of EIL. If any dispute arises as to the necessity of any publication or disclosure for the purpose of the Contract the same shall be referred to the decision of EIL, whose award shall be final.

Without limiting the generality of the foregoing paragraph:

a) the Supplier shall take all practicable steps to ensure that no

photographs, drawings or other image of the Site or of the Works or any part thereof or any property of EIL or any physical or virtual model thereof, are taken or made, except as may be expressly directed or Approved beforehand in writing by EIL;

b) the Supplier shall not in regard to anything concerning the Works

publish any information, drawing or photograph and shall not give interviews to or comment to the press or to any person associated with the news media or take part in radio or television schedules except with the express prior written consent of EIL and subject to such conditions as it may prescribe;

c) the Supplier shall not use any part of the Site for the purpose of

any advertisement, except by way of notice boards approved (as to location, number and content) by EIL; and

d) the Supplier shall use its reasonable endeavors to procure that its

servants and agents comply with this sub-Clause.

33.3 The Supplier shall procure that each and every Sub contractor shall contain confidentiality undertakings on the part of the Sub contractor in substantially similar terms to those entered into by the Supplier, and shall use all reasonable endeavours to enforce them.

33.4 In the event that the Supplier is lawfully required or requested by order

of any competent Authority to disclose any Confidential Information, then the Supplier shall, to the extent permitted by the Applicable Laws, prior to disclosure immediately notify EIL so that an appropriate protection order and/or any other action can be taken if possible, prior to any disclosure. In the event that such protective order is not, or cannot, be obtained, then the Supplier may disclose to the competent Authority that portion of the Confidential Information which it is legally required to disclose and shall use all reasonable endeavours to obtain

assurances that confidential treatment will be accorded to any Confidential Information so disclosed.

33.5 The Supplier agrees that, upon request at any time by EIL, the Supplier

shall promptly, but in any event within 5 (five) days of receipt of written notification from EIL: a) return all Confidential Information that is in tangible form

(including, without limitation, Confidential Information contained in software or on computer disc) furnished to the Supplier, together with all copies or extracts thereof; and

b) destroy all analysis, compilations, studies or other documents

which have been prepared upon or reflect in any way the Confidential Information.

33.6 The provisions of this Clause 33 shall survive the expiration or

termination of the Contract.

ADDENDUM – 1 TO GENERAL PURCHASE CONDITIONS (INDIGENOUS)

COMPUTER RELATED ITEMS

1. Clause No. 21 is replaced as given below:-

21.1 DISPUTE RESOLUTION

a) If any disagreement arises out of or in connection with the validity, application or interpretation of the Contract (the “Dispute”), the Parties shall endeavour in good faith to resolve the Dispute through negotiation within 7 (seven) days of a written notice setting out the nature of such Dispute.

b) In the event that any Dispute is unable to be resolved between the Parties

pursuant to above Clause a) within 21 (twenty-one) days of receipt of the notice under Clause a), then such Dispute shall be referred to arbitration.

c) The arbitration will be conducted as per the Arbitration Act. The arbitral tribunal

shall comprise of a sole arbitrator whom shall be appointed by EIL. The place of arbitration for any Disputes and Related Disputes shall be Delhi (save and except where otherwise specified under the Main Contract for the Related Dispute, in which event the place of arbitration shall be the place of arbitration for such Related Dispute). The language to be used in the arbitral proceedings shall be English. The arbitral award shall be final and binding upon both the Parties.

d) Responsibility of payment for all costs of arbitration, excepting counsel fees,

shall be as per the arbitration award.

e) While any Dispute under this Contract is pending; and except where this Contract has been terminated in accordance with the terms of this Contract, the Parties shall continue to perform all of their respective obligations under this Contract without prejudice to the final determination in accordance with the provisions under this Clause 21.1.

f) Where, in EIL's absolute discretion, it is beneficial for the completion of the

Facility for any Dispute between EIL and the CONTRACTOR, in respect of which an arbitration notice has been given, to be resolved in the same arbitration proceedings as a dispute between EIL and any other party or parties engaged in relation to the completion of the Facility (the “Related Dispute”) then:

i) if a notice to concur in the appointment of an arbitrator has been

served in the Related Dispute, the CONTRACTOR hereby agrees that, at EIL's sole option, the Dispute between EIL and the CONTRACTOR shall be referred to the arbitrator appointed or to be appointed in respect of the Related Dispute and be determined at the same time as such Related Dispute;

ii) where an arbitrator has already been appointed in connection with

the Related Dispute, the CONTRACTOR hereby agrees that, at EIL's sole option, the Dispute between EIL and the CONTRACTOR shall be referred to and be determined by the arbitrator so appointed contemporaneously with the Related Dispute.

21.2 SETTLEMENT OF DISPUTE BETWEEN GOVT. DEPT./ PUBLIC SECTOR UNDERTAKING

a) If the Contractor is a CPSU or CPSE or is a Govt. Department, any disputes or

differences between the Contractor and EIL hereto arising out of any notified claim of the Contractor in terms hereof and/or arising out of any amount claimed by EIL (whether or not the amount claimed by EIL or any part thereof shall have been deducted from the final bill of the Contractor or any amount paid by EIL to the Contractor in respect of the work), then in suppression of the provisions of clause no 18 of the STC, the following provisions shall apply, namely; such disputes or differences shall be resolved amicably by mutual consultation or through the good offices or empowered agencies of the Government. If such resolution is not possible, then the unresolved disputes or differences shall be referred by either party for Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in-charge of the Department of Public Enterprises in line with applicable DPE guidelines for settlement of commercial disputes between CPSEs or between CPSEs & Government Departments issued by Department of Public Enterprises and as modified from time to time. The Arbitration and Conciliation Act, 1996 shall not be applicable to the arbitration under this clause. The award of the arbitrator shall be binding upon parties to the dispute, provided, however any party aggrieved by such award may make a further reference for setting aside or revision of the award to Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary/Additional Secretary, when so authorized by the Law Secretary, whose decision shall bind the parties finally and conclusively. The parties to the dispute will share equally the cost of arbitration as intimated by the arbitrator.

b) Notwithstanding the existence of any dispute or arbitration in terms hereof or

otherwise, the CONTRACTOR shall continue and be bound to continue and perform the Works to completion in all respects according to the Contract (unless the Contract or Works be determined by EIL) and the CONTRACTOR shall remain liable and bound in all respects under the Contract.

2. Clause No. 30 is replaced as given below:-

30. CORRUPT AND FRAUDULENT PRACTICES 30.1 Bidders are required to furnish the complete and correct information/ documents

required for evaluation of their bids. If the information/ documents forming basis of evaluation is found to be false/ fake/ forged, the same shall be considered adequate ground for rejection of the bids.

30.2 EIL requires that the contractor observes the highest standard of ethics during the

execution of contract. in pursuance of this policy, EIL defines, for the purposes of this provision, the terms set forth below as follows: a. “Corrupt Practice” means the offering, giving, receiving, or soliciting of

anything of value to influence the action of public official in contract execution; and

b. “Fraudulent Practice” means a misrepresentation of facts in order to influence

the execution of a Contract to the detriment of EIL, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive EIL of the benefits of free and open competition.

c. “False/Fake” means to make or construct falsely. “Faked alibi” is a made,

manufactured, or false alibi. Something that is not what is purports to be; counterfeit, an imposter.

d. “Forgery” means the false making or the material altering of a document with

the intent to defraud. A signature of a person that is made without the person’s consent and without the person otherwise authorizing it. A person is guilty of forgery if, with the purpose to defraud or injure anyone or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor (i) alters any writing of another without his authority (ii) makes, completes, authenticates, executes, issues or transfers any writing, so that it purports to be the act of another who did not authorize that act or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to, be a copy of an original when no such original exists. Utters any writing which he knows to be false in a manner specified in (i) & (ii) above.

30.3 EIL may terminate the contract if it discovers subsequently that the contractor had

engaged in corrupt practices, or fraudulent practices in competing for the contract.

30.4 In case, the information/ document furnished by the contractor forming basis of evaluation of its bid is found to be false / fake/ forged after the award of the contract, EIL shall have the right to terminate the contract and get the remaining works executed by a third party at the risk & cost of the contractor and without any prejudice to other rights available to EIL under the contract such as forfeiture of the contract performance bank guarantee, withholding of payment etc.

30.5 In case, this issue of submission of false/fake documents comes to the notice after

execution of the works, EIL shall have full right to forfeit any amount due to the contractor along with forfeiture of the contract performance bank guarantee furnished by the contractor.

30.6 Further, any contractor which is found guilty of any corrupt or fraudulent practice or

submission of false/fake /forged documents, shall be put on the negative/ holiday list of EIL debarring them from future business with EIL.

PROFORMA OF BANK GUARANTEE

(CONTRACT PERFORMANCE)

(On non-judicial stamp paper of appropriate value) (For Indigenous Suppliers)

To Engineers India Limited Engineers India Bhawan 1 Bhikaiji Cama Place R.K. Puram New Delhi – 110 066 Kind Att.: BIDDING DOCUMENT NO.: _______________________ Dear Sirs, In consideration of the Engineers India Limited, 1 Bhikaiji Cama Place, R.K. Puram, New Delhi-110066 (hereinafter called – “the Purchaser” which expression shall include its successors and assigns having awarded ________________________________ work to M/s (Name) _______________________________________ (Constitution) ___________________________ (Address) _____________________________ (hereinafter referred to as “the Supplier” which expression shall wherever the subject or context so permits include its successors and assigns) a supply contract in terms inter-alia, of the Purchaser’s Letter No. ______________________ dated __________ hereinafter referred to as the “Contract” and the general purchase conditions of the purchaser and upon the condition of Supplier’s furnishing security for the Performance of the Supplier’s obligations and/or discharge of the Supplier’s liabilities under and/or in connection with the said supply contract for a sum of Rs. _______________________ only amounting to 10% (ten percent) of the total contract value. We _______________________________________ (name) a body / corporate registered/constituted under the laws of ___________________________ and having a Branch at ______________________ (Indian Branch Address) (hereinafter called “the Bank” which expression shall include its successors and assigns) with the intent to bind the Bank and its successors and assigns, hereby undertake to pay the Purchaser at __________________ (place) on first demand in writing without protest or demur or proof or satisfaction or condition and without reference to supplier any and all amounts from time to time demanded by the Purchaser from the Bank with reference to this Guarantee/Undertaking upto an aggregate limit of Rs. _________________ (Rupees ___________________________ only). AND THE BANK DOTH HEREBY FURTHER AGREE AS FOLLOWS:-

1. This Guarantee/Undertaking shall be a continuing Guarantee/Undertaking and shall remain valid and irrevocable for all claims of the Purchaser and liabilities of the Supplier arising upto and until ___________ plus claim period of 3 months.

2. This Guarantee/Undertaking shall be in addition to any other guarantee or security whatsoever that the Purchaser may now or at any time have in relation to the Supplier’s obligations liabilities under and/or in connection with the said supply contract and the Purchaser shall have full authority to take recourse to or reinforce this security in preference to the other security(ies) at its sole discretion, and no failure on the part of the Purchaser in enforcing or requiring enforcement of any other security shall have the effect of releasing the Bank from its full liability hereunder.

3. The Purchaser shall be at liberty without reference to the Bank and without affecting the full liability of the Bank hereunder to take an other security in respect of the Supplier’s obligation and/or liabilities under or in connection with the said supply contract and to vary the terms vis-à-vis the Supplier of the said supply contract or to grant time and/or indulgence to the Supplier or to reduce or to increase or otherwise vary the prices of the total contract value or to release or to forebear from enforcement of all or any of the obligations of the Supplier under the said supply contract and/or the remedies of the Purchaser under any other Guarantee(s) or Security(ies) now or hereafter held by the Purchaser and no such dealing(s), variation(s), reduction(s) or other indulgence(s) or arrangement(s) with the Supplier or release or forbearance whatsoever shall have the effect of releasing the Bank from its full liability to the Purchaser hereunder or of prejudicing rights of the Purchaser against the Bank.

4. This Guarantee/Undertaking shall not be determined or affected by the

liquidation or winding up, dissolution, or change of constitution or insolvency of the Supplier or any change in the legal constitution of the Bank or of the Purchaser.

5. Bank hereby waives all rights at any time inconsistent with the terms of this

Guarantee/Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reasons of any dispute or disputes having been raised by the Supplier (whether or not pending before any Arbitrator, Officer, Tribunal or Court) or any denial of liability by the Supplier or any other order for Communication whatsoever by the Supplier stopping or preventing or purporting to stop or prevent any payment by the Bank to the Purchaser in terms hereof.

6. Notwithstanding anything contained herein:

(a) The Bank’s liability under this Guarantee/Undertaking shall not exceed

Rs._____________ (In figures) ______________________ (In words) ____________________________ only).

(b) This Guarantee/Undertaking shall remain in force upto _____________ and any extension(s) thereof, if any; and

(c) The Bank shall be released and discharged from all liability under this

Guarantee/Undertaking unless a written claim or demand is issued to the Bank on or before _____________ plus 3 months period or the date of expiry of any extension(s) thereof if this guarantee/undertaking has been extended.

7. The Bank doth hereby declares that Shri ______________________ (name & designation of the person authorized to sign on behalf of the Bank) is authorized to sign this Guarantee/Undertaking on behalf of the Bank and to bind the Bank thereby.

Yours faithfully,

(Signature)

NAME & DESIGNATION

NAME OF THE BANK NOTE 1. This Guarantee is required to be stamped as an agreement according to the

Stamp Duty Act. 2. The Performance Bank Guarantee shall be strictly as per above proforma and

shall be through Indian or Foreign Branches of Indian Scheduled Banks (other than Cooperative Bank)/Nationalized Bank or Indian Branches of Foreign Banks.

3. The bank shall provide details viz contact person, telephone number, fax

number, e-mail address and address of the Controlling/Regional Office of issuing bank for verification of authenticity of Bank Guarantee.

LOADING/REJECTION CRITERIA

1.0 The offers of bidders taking deviations to commercial terms of enquiry shall

be loaded to bring all the bidders on par. Commercial loading shall be done

on FOT site basis.

1.1 Deviation to payment terms

Interest loading shall be done @ 18% per annum on the differential, for the

period depending on the BIDDING DOCUMENT delivery / completion period.

Initial advance (against order acknowledgement) shall be against submission

of bank guarantee of equivalent amount and shall be interest bearing. Since

the initial advance is interest bearing, no loading shall be done.

1.2 Deviation to Delayed delivery (i.e., price reduction schedule) –

TERMS OFFERED PRICE

LOADING Per week or part thereof Maximum

½ % TOV 5% TOV NIL

½ % TOV 5% DOV 2.5%

Other than above 5%

1.3 Price Variation

Terms offered Price loading Firm Price No Loading In case of price variation clause with ceiling Loading by ceiling

percentage offered Price variation clause without ceiling or without price variation formula

a) If atleast two technically acceptable offers either with firm prices or variable prices with ceiling available other than the offer without PVC &/or ceiling

Reject of Bid

b) If one technically acceptable offer (firm prices) available other than the offer without PVC & / or ceiling

Load the offer @ 1.5% per month for the quoted delivery period

c) If one technically acceptable offer (variable prices with ceiling) available other than the offer without PVC &/or ceiling

Load the offer by 1.5 times the ceiling indicated by the other supplier

1.4 Deviation to PBG / CPBG

TERMS OFFERED PRICE LOADING 10% No loading Less than 10% upto 5% To be loaded by the percentage by which

PBG / CPBG falls short of 10% Less than 5% Rejection of offer

Agreed Terms and Conditions (ATC) - Indigenous Bidder Name : M/s. _________________________________ BIDDING DOCUMENT No. _________________________________________ Bidder’s Offer Ref. No. & Date : ____________________________ (T) : ____________________________(F):_______________________________

Contact Person : _____________(M): ______________E-Mail: ___________________ 1. DULY SIGNED & STAMPED COPIES OF THIS PRE-FILLED

“QUESTIONNAIRE” INDICATING THE RESPONSE UNDER THE COLUMN “BIDDER’S CONFIRMATION” SHALL BE ENCLOSED WITH EACH AND EVERY SET OF BIDDER’S UNPRICED QUOTATION.

2. FAILURE ON THE PART OF BIDDER IN NOT RETURNING THIS DULY FILLED-UP "QUESTIONNAIRE WITH ALL THE SETS OF UNPRICED QUOTATION AND/OR SUBMITTING INCOMPLETE REPLIES MAY LEAD TO REJECTION OF BIDDER’S QUOTATION”.

Sl. No.

Description Supplier’s Confirmation / Reply

1. Price Basis FOT site basis 2. Packing and forwarding Included 3. Freight (including all types of courier charges) upto site Included 4. Transit Insurance & all Insurance up-to and including

installation and acceptance of the Systems Included

5. Documentation charges Included

6. All other requirements as per Material Requisition (MR) Included 7. TAXES & DUTIES :

Confirm quoted Price in Price Schedule is inclusive of all taxes and duties including VAT on Works Contract except Sales Tax, Cenvatable Excise Duty, Service Tax, Octroi, Entry Tax on finished goods/ final services. Purchaser shall not issue any concessional form for Sales Tax. TDS, as applicable shall be deducted at source and necessary certificate shall be issued to the supplier

Confirmed Confirmed Accepted

8. All other applicable taxes & duties Included

9. Any new taxes/ duties/cess/levies notified/ imposed after the submission of last/ final price bid (which include price implication, if any) but before the contractual date of completion of work shall be to EIL’s account.

Confirmed

10. Octroi / entry tax Extra at actual against submission of documentary evidence

11. i) If any other tax/duty is applicable at present but not quoted by the Supplier in your offer, the same will be borne by the Supplier if it is applicable / payable later on. Statutory Variations on quoted Taxes & Duties in offer shall be carried out based on the following:- a) Please note that any variation in statutory levies

(taxes & duties) vis-à-vis the rates/details quoted by the Supplier in their offer but within the period reckoned from date hereof till Contractual Delivery Date (CDD) will be to purchaser’s account against documentary evidence.

b) Any upward variation after CDD will be to Supplier’s account.

c) Any downward revision after CDD will be passed on to the Purchaser.

i) Accepted

a) Accepted

b) Accepted

c) Accepted

12. DELIVERY / COMPLETION SCHEDULE :

Supply as per MR: Within 04 weeks from the date of LOA / Purchase Order, whichever is earlier. Guarantee / Warrantee Period: - Software will be under Guarantee / Warrantee for a period of one year from the date of acceptance of software as per MR.

Accepted

13. PRICE REDUCTION SCHEDULE: Price reduction for delay in delivery shall be 1/2% of total order value per week of delay or part thereof subject of a maximum of 5% of total order value.

Accepted

14. PAYMENT TERMS: Payment shall be made through Electronic Payment Mechanism directly to your Bank. 100% payment shall be made within 30 days of the supply, installation and acceptance of complete system as per MR duly certified by USER / ITS Department of EIL subject to submission of all requisite documents as per MR including CPBG.

Accepted

15. Firm Price: Prices firm & fixed till completion of the order. Accepted

16. CONTRACT PERFORMANCE BANK GUARANTEE (CPBG): Contract Performance Bank Guarantee for 10% of the total order value (without taxes) and valid till the entire guarantee & warrantee period as per Material Requisition (MR) plus three month claim period shall be submitted by the Supplier within 15 days from the date of LOA/PO, whichever is earlier. CPBG shall be as per the format attached.

Accepted

17. Inspection at Works and / or Site By EIL (without any extra charges)

18. Validity (3 Months from final bid-due-date) Accepted

19. Acceptance of a) General Purchase Conditions (GPC) &

Addendum 1 to GPC b) Instructions to Bidders c) Loading/Rejection criteria

(a) Accepted (b) Accepted (c) Accepted

20. Part Order / Repeat Order (6 Months from FOI/PO, whichever is earlier) at the same rates and terms & conditions from any of the EIL offices.

Accepted

21. Mandate form for e-payment duly filled and signed and stamped by Bank as per attachment has been furnished. Kindly note that the payment shall be made through the e-payment system to the bank details as submitted by the Supplier.

Furnished

22. a)Any deviation to Commercial Terms & conditions b) If any, write specifically indicating Clause No.

a) NIL

b) NA /….

23. Confirm that Bidder is not involved in any Litigation/ Arbitration. If involved please furnish information about the same.

Confirmed

24. Confirm that the Bidder is not under liquidation, court receivership or similar proceedings.

Confirmed

25. Please confirm that your company has not been banned OR delisted by any Government or Quasi Government agencies or Public Sector Units. If this declaration is not furnished, your BID shall be treated as non-responsive and liable for rejection.

Not Banned / Not

delisted

26. Whether any of the Directors of Bidder is a relative of any Director of EIL or the Bidder is a firm in which any Director of EIL or his relative is a partner of the Bidder or a private company in which any Director of EIL is a Director.

No

27. In case Supplier establishment falls under the purview of PF and ESI act during the execution of contract, the Supplier shall solely be responsible to fulfill the obligation of PF and ESI registration without any additional financial liabilities / implication to Purchaser i.e. EIL.

Confirmed

28. These terms & conditions if appearing elsewhere in the offer and are in contradiction to above, confirm the terms above as mentioned herein shall prevail.

Confirmed

Date: _____________ Signature : ___________________ Company Seal: Name: ___________________ 1

ITEM

PREAMBLE TO PRICE SCHEDULE

ACQUISITION OF AFT-FATHOM SOFTWARE

BIDDING DOCUMENT NO. AK/8502-000-00-MR-8911/7274

1. Bidder to note that there are following Formats in the Price Schedule. Bidder shall download the Price Schedule file from the EIL E-Tendering Website, fill these formats and then shall upload the Price Schedule file at the designated place of the EIL E-Tendering Website in their Price bid:

Price Schedule

Price Schedule shall be strictly in RAR format

2. The quoted Price in Price Schedule shall be deemed to be inclusive of all taxes and duties including VAT on Works Contract except Sales Tax, Cenvatable Excise Duty, Service Tax, Octroi, Entry Tax on finished goods/ final services.

without altering any contents of the formats uploaded by EIL in their RFQ Document. Bidder must quote the price in enclosed Price Schedule formats only. The formats shall not be changed and/or retyped. For any deviation to the formats or scope, offer shall be rejected.

3. Excise duty including cess on finished goods sold & supplied to EIL and Service Tax including cess on executed value of services shall be paid to Supplier at actual against submission of documents issued in accordance to the statutory rules to enable EIL to avail Cenvat credit of excise duty & service tax paid. In case Supplier does not furnish such invoices enabling EIL to claim Cenvat benefit then such amount shall not be paid to the Supplier irrespective of whether the Supplier has paid such amount to the Tax Authorities.

4. Cenvatable Excise Duty on finished goods shall not be included in the Quoted Price and shall be reimbursed by EIL to the supplier against Cenvatable Excise invoices. CENVATABLE Excise Duty indicated above shall not be loaded for evaluation. Non-cenvatable excise duties shall be included in the quoted price.

5. Bidder’s quoted prices shall be deemed to include bidder’s entire scope of work and all obligations and responsibilities, as specified in the Material Requisition and the RFQ/bid document, irrespective of whether the same are specifically covered under the "Description” in Price Schedule or not.

6. Deviations to terms and conditions, presumptions etc shall not be stipulated in Price part of bid. In case of any conditions stipulated in price bids, the bids of such bidders shall be summarily rejected and shall not be considered for further evaluation. Evaluation shall be carried out excluding such bidder(s.).

7. As a token of confirmation that prices are quoted in the requisite format strictly complying to the requirement, unpriced copy of Price Schedule, as submitted in the price bid, with prices being replaced by word “quoted” and taxes to be indicated in percentage, shall be submitted along with the un-priced bid.

8. Bidder shall furnish details of taxes & duties in Price Schedule duly filled in all respects along with his price part and not to leave any column blank. In case taxes & duties not filled in Price Schedule by the bidder then the following shall be considered for evaluation/award. a) Excise Duty shall be considered as 'NIL' for statutory variations b) CST/VAT shall be considered as 12.5% on items at Sl. No. 1 of Price Schedule. c) Service tax shall be considered as 14% on item at Sl. No. 1 of Price Schedule. However, Payment of taxes & duties shall be made on submission of requisite invoices in line with the provision of Bidding Document subject to ceiling as mentioned above at b) and c).

9. Bidder shall submit sign & stamp copy of this preamble and furnish the same with the Unpriced Bid.

ITEMBidding Document NO.Vendor

Excise Duty + Cess CST/ VAT Service Tax

+ Cess

(i) (ii) (iii) (iv) (v)

Supply, installation, implementation and support ofsoftware as mentioned below includingdocumentation, maintenance etc. as per detailsmentioned in the MR :

1AFT-Fathom software with one year Guarantee /Warrantee from date of acceptance of software 3 0.00

Description(as per MR)

Total Prices on FOT site basis excluding

taxes (INR)

(vi)

Taxes as applicable on column (iv) in % only

ACQUISITION OF AFT-FATHOM SOFTWAREPRICE SCHEDULE

Unit Prices on FOT site basis excluding taxes

(INR)Qty (Nos.)

AK/8502-000-00-MR-8911/7274

S. No.