NIT No. OMC/PRO/e-PROC/01/2019 Dtd. 30.09.2019

E-Procurement Notice

E-TENDER DOCUMENT FOR PRINTING & SUPPLY OF DIARY, NOTE BOOK, &

CALENDAR FOR THE YEAR 2020 TO OMC

1. Name of the work : Printing & Supply of Diary, Note Book, & Calendar for the year 2020

2. Date of availability of bid document in the portal

: 30.09.2019 to 21.10.2019 Up to 5:00PM

3. Last Date for online submission of bids in the portal

: 21.10.2019 up to 05:00PM

4. Date of opening of techno-commercial bids

: 22.10.2019 up to 11:00AM

OMC reserves the right to cancel any or all the tenders without assigning any reason thereof. Further details can be seen from the e-procurement portal https://www.tendersodisha.gov.in/ www.omcltd.in Any amendment /cancellation/ retender please refer to the above cited website.

Public Relation Officer

E-mail: proomc@gmail.com

Odisha Mining Corporation Ltd. (A Gold Category State PSU)

Registered Office : OMC House, Bhubaneswar-751001, India Tel: 0674-2377461, Fax: 0674-2396889

CHAPTER-1

INSTRUCTION TO THE BIDDERS FOR E-PROCUREMENT

a. The e-procurement portal of Govt. of Odisha (https://tendersodisha.gov.in) shall be used for the tendering process.

b. Tenders will be published in the state e-procurement portal by authorized executives of OMC with Digital Signature Certificate (DSC) issued with the approval of the competent authority.

c. There shall be no sale of hard copies of tender from issuing offices. Tenders can be accessed and downloaded by the prospective bidders on above website. The tender can be downloaded by any prospective bidder from the website free of cost.

d. The bid submission will start from the next day of the e-publication of NIT. The download of tender may start immediately after e-publication of NIT and shall continue till the last date and time of bid submission.

e. Registration/Enrolment of Bidder on e-procurement Portal. In order to submit the Bid, the bidders have to get themselves registered online on the e-procurement portal of State Govt. (tendersodisha.gov.in) with valid Digital Signature Certificate (DSC). The online Registration of the Bidders on the portal will be free of cost and one time activity only. The registration should be in the name of bidder, whereas DSC holder may be either bidder himself or his duly authorized person.

f. Procedure of bid submission using electronic payment of EMD by bidder. i. The bidders have to logon to the Odisha e-procurement portal

(tendersodisha.gov.in) using his/her digital signature certificate and then search and then select the required active tender from ‘Search Active Tender” option. Now, submit button can be clicked against the selected tender so that it comes to the “My Tenders” section.

ii. The bidders have to upload the required Prequalification/ Technical/ Financial bid, as mentioned in the bidding document.

iii. Then the bidders have to select and submit the bank name as available in the payment options.

iv. A bidder shall make electronic payment using his/her internet banking enabled account with designated Banks or their aggregator banks.

v. A bidder having account in other Banks can make payment using NEFT/RTGS facility of designated Banks.

vi. Online NEFT/RTGS payment using internet banking of the Bank in which the bidder holds his account, by adding the account number as mentioned in the challan as an interbank beneficiary.

vii. Only after receipt of intimation at the e-procurement portal regarding successful transaction by bidder the system will activate the ‘Freeze Bid Submission’ button to conclude the bid submission process.

viii. System will generate an acknowledgement receipt for successful bid submission. The bidder should make note of ‘Bid ID’ generated in the acknowledgement receipt for tracking their bid status.

g. Only those bidders who successfully remit their Earnest Money Deposit (EMD) on submission of bids would be eligible to participate on the tender/bid process. The bidders with pending or failure payment status shall not be able to submit their bid. Tender Inviting Authority, State Procurement Cell, NIC, the designated Banks shall not be held responsible for such pendency or failure.

h. Designated Banks (SBI/ICICI/HDFC Bank) payment gateway are being integrated with e-Procurement Portal of Government of Odisha (tendersodisha.gov.in)

i. The bidder will have to accept unconditionally the online user portal agreement which contains the acceptance of all the Terms and Conditions of NIT including Commercial and General Terms and Conditions and other conditions, if any, along with on-line undertaking in support of the authenticity of the declarations regarding the facts, figures, information and documents furnished by the Bidder on-line in order to become and eligible bidder. No conditional bid shall be allowed/ accepted.

j. The bidder will have to give an undertaking online that if the information/ declaration/scanned documents furnished in support of the same in respect of eligibility criteria is found be to be wrong or misleading at any stage, they will be liable to be punitive action as decided by the OMC Management.

k. The bidder may seek clarification on-line within the specified period. The tender publishing authority will clarify as far as possible the relevant queries of bidders. The clarifications may be asked from the next day of e-publication of NIT. The last date for seeking clarification will be up to 10 (ten) days before the last date of

submission of bid and the last date of giving clarification on-line will be up to 07 (seven) days before the last date of submission of bid. The tender publishing authority will be responsible for giving the clarification online within the prescribed time frame.

l. Corrigendum should be issued only in exceptional case. The corrigendum of NIT will be published online with respect to extension of date and address. However, the extension of date for an event/activity will be possible only before the expiry of earlier specified date and time for that particular event. Pre-ponement of date for any event/ activity is not permitted. The scanned copy of corrigendum notice is to be uploaded on the e-procurement Portal and also on the portal where the original NIT has been published.

m. The bidder will submit their Techno Commercial Bid and Price bid on-line. No off-line bid shall be accepted.

The bidder will be required to deposit EMD through ONLINE mode only.

In case of exemption of EMD, the scanned copy of document in support of exemption will have to be uploaded in the Technical Bid by the bidder during bid submission.

n. The bidders will have to upload scanned copies of various documents (as per

DTCN) and all other documents as specified in NIT, in Cover-I and “Price-bid” in Cover-II.

i. Technical Parameter Sheet: The Technical Parameter Sheet containing the technical specification parameters for each tendered item will be in PDF format (password protected) and will be uploaded during tender creation. This will be downloaded by the bidder and the bidder has to furnish all the required information in the said sheet. Thereafter, the bidder will upload the same file during bid submission. The Technical Parameter Sheet which is incomplete and not submitted as per specification given in DTCN will be rejected.

ii. Price Bid: The price bid will be in BoQ format and will be uploaded during tender creation. This will be downloaded by the bidder and the bidder will quote the rates, taxes & duties etc. on this file. Thereafter, the bidder will

upload the same file during bid submission in cover-II. The price-bids of the tenderers will have no condition. The price bid which is incomplete and not submitted as per format or is a conditional Price Bid will be rejected.

iii. The GST for total quantity amount shall be entered in the respective rows of Price bid format instead of single quantity.

o. Modification of the submitted bid shall be allowed online only before the

deadline of submission of tender and the bidder may modify and resubmit the bid online as many times as the bidder may wish. Bidder may withdraw only once their bids online within the end date of bid submission.

p. The Techno Commercial bid will be opened on the pre-scheduled date and time of tender opening. The Techno Commercial bids (Cover-I) will de decrypted on-line and will be opened by the “Bid Openers” with their Digital Signature Certificates.

q. Tender will be opened on the pre-scheduled date irrespective of the number of offers received. Even in case of receipt of single offer, the same is to be opened for evaluation. In case no offers are received tender will automatically be cancelled with the approval of competent authority.

r. Techno- Commercial evaluation of bids: The techno commercial bids will be evaluated by the bid evaluating committee based on the documents uploaded by the bidders. For this purpose all the required parameters will be obtained from the bidders in an objective and structured manner. Bidders will be required to upload scanned copy of various documents as stipulated in the NIT for the evaluation process, document in support of exemption of EMD for Technical Evaluation.

(i) Shortfall Document: If required OMC may ask for shortfall documents during the evaluation of bids. These documents shall not be relating to submission of EMD. Request for documents and the response shall be in writing and no change in prices of the bid shall be sought, offered or permitted. No modification of the bid or any form of communication with OMC or submission of any additional documents, not specifically asked for

by OMC will be allowed and even if submitted, they will not be considered by the purchaser.

These documents may be allowed to be uploaded within the specified time period as specified by OMC.

The above documents will be specified on-line under the link “Upload shortfall document” by Evaluator normally within 07 days of Technical-bid(Part-I) opening, indicating the start date and end date giving 07 days time for online submission by the bidder. The bidders will get this information on their personalized dash board under “Upload shortfall document/information” link. Additionally, information shall also be sent by system generated e-mail and SMS, but it will be the bidder’s responsibility to check the updated status/ information on their personalized dash board at least once daily after opening of bid. No separate communication will be made in this regard. Non-receipt of e-mail and SMS will not be accepted as a reason of non-submission of documents within prescribed time.

The bidder will re-upload the requested documents within the specified

period and no additional time will be allowed for on-line submission of documents.

(ii) After the short listing of techno-commercially acceptable bidders as above, the date and time of opening of price bid shall informed to the shortlisted Bidders through system generated e-mail and SMS alert.

(iii) The price bid of the shortlisted bidders (qualified in Techno commercial bid) will be decrypted and opened on the scheduled date and after the pre-scheduled time by the Bid Openers with their Digital Signature Certificates. The bidders may view the price bide opening online remotely on their personalized dash board under the link “Bid Opening (Live)” and can see the price bid submitted by all shortlisted bidders.

(iv) A system generated comparative statement of landed cost; will be duly checked and vetted by the associated officials, before the case is put up for further deliberation by the appropriate level of Tender Committee.

(v) The EMD of unsuccessfully bidders will be refunded through online. The EMD shall be refunded to the account from which it was debited.

(vi) The IP address of all the bidders who has participated in the bid along with timing and date will also kept preserved in the system.

(vii) The bid validity period for all tenders will be 180 (one hundred eighty) days from the last date of submission of bid.

s. Original copies of the documents, if required, should be produced/ submitted at

the time of opening/ evaluation of Technical bid. t. Regarding operation of e-Tender procedure please visit website

tendersodisha.gov.in/ www.omcltd.in/ www.odisha.gov.in Please note that further addendum/ corrigendum if any will be declared in same website.

u. OMC reserves the right to cancel any or all the tenders without assigning any

reason thereof.

(A) EMD:

Sl. No

Name of the material

Tender paper Cost

(in Rs.) EMD

(in Rs.) 1. OMC Diary-2020

Free of Cost

10000

2. OMC Note Book-2020 of A5 and B6 size 10000

3. OMC Calendar-2020 5000

The bidder will be required to submit EMD through ONLINE mode only. The bidder should follow the instructions for online payment available in the e-procurement portal during processing of tender. Amount towards EMD on submission of bids shall be collected in a separate pooling account of Focal Point Branch called e-FPB of respective designated banks at Bhubaneswar and the banks will remit the amount to respective bidder’s account on receipt of instruction from Tender Inviting Authority

through refund and settlement of e-procurement system within two working days from receipt of such instruction. In case the EMD on submission of bid is forfeited, the e-Procurement portal will direct the Bank to transfer the EMD value from the pooling Account of State Procurement Cell to the registered account of the tender inviting authority. Bank will refund the tender EMD to the bidder, in case the tender is cancelled before opening of the Bid as per direction received from Tender Inviting Authority through e-procurement system. The EMD of unsuccessful bidders except the L-2 Bidder shall be returned after selection of L-1 Bidder. The EMD of L-2 bidder shall be returned after the LOI/Work order has been issued to the L-1 bidder. The EMD of L1 bidder shall be returned after the L-1 bidder has deposited the ISD amount. If the L-1 Bidder fails to take up the work or fails to deposit the ISD amount, the EMD shall be forfeited.

CHAPTER-2 ELIGIBILITY CRITERIA Eligibility Criteria A list of Qualifying Requirements and the supportive documents that need to be submitted by the bidder is given below. Any bidder not complying with any of the following qualifying requirements or not submitting any of the documents shall be summarily disqualified. Only those bidders who satisfy all the qualifying requirements and submit requisite documents will be eligible for opening of their financial bid.

I. The bidder should have a total business Turnover of at least Rs. 20 lakhs during any one of the preceding three years. (Submit copy of the P&L account and Balance sheet)

II. The bidder should be able to demonstrate ability to handle high volume order for printing of diaries. The bidder should have executed at least 80% of the required quantities of diaries, notes books and calendars in a single order as mentioned in the tender.

III. The bidder must accept the tender conditions and must not have been blacklisted by any competent court of law, forum or any Govt/PSUs or statutory entities.( Completely filled &signed copy of Annexure-D as in this tender is to be produced with bid)

IV. The bidder should have PAN &GSTN Registration Certificate.(Copy of PAN & GSTN Certificate copy to be attached with bid)

V. The must have submitted the required EMD NB: All the documents in support of Eligibility Criteria should be scanned

chronologically & indicated in respect of each criteria along with all Annex.

Non submission of any one of the above documents will entail rejection of the Bid. CLARIFICATION OF BIDS: To assist in the examination, evaluation and comparison of Bids, the OMC may at its discretion, ask any Bidder for clarification of the Bidder’s Bid, including break-up of unit rates. The request for clarification and the response shall be in writing.

CHAPTER-3

SCOPE OF SUPPLY AND SELECTION PROCEDURE

1. BROAD SCOPE OF WORK:

The specification covers the size, desired paper quality & design etc. The L1 bidder shall do all the due diligence with PR department of OMC for updated data, LOGO etc. before printing of final product.

Sl. No

Name of the material

Proposed Quantity

1. OMC Diary-2020 3500

2. OMC Note Book-2020 of A5 and B6 size 1200

3. OMC Calendar-2020 1000

2. SELECTION PROCEDURE The Bidders are required to submit dummy samples of OMC Diary-2020/NoteBook/Claendear-2020 as per the specifications. All the submitted samples of respective items (Diary/NoteBook/Calendar-2020) shall be placed before Committee and the best sample on the basis of creativity work (design), paper quality, binding & finishing etc. shall be selected by the committee and price bid of the best three or best one as the case may be shall be opened and the work will be awarded on the basis of best sample.

3. (TECHNICAL SPECIFICATION)

1. WORK SPECIFICATION : ITEM-I: Specification for Printing of 3500 of OMC Diary-2020.

1. As per sample. 2. Size of the Diary : Length between 20-26cm & Breadthbetween 16-21

cm. 3. Cover of the diary : Hard Cover with 1.4 mm Board or better in

Wintella/ Metallica cover. 4. Foiling : Foiling in appropriate Colour on front cover

(OMC Logo & year) and address in back cover.

5. Inner page : The OMC Diary for the year 2020 shall contain 100 or more printed pages with OMC Logo for notes in each page.

6. Inner paper &colour :100 GSM Map-litho off white in bi-colour print or better.

7. Common info pages &Colour : 10 pages (+ 4 pages) in 100 GSM along with monthly planner in multi-colour.

8. Front inside paper back 2 pages. : 130 GSM or above Art paper with colour print. 9. Back inside paper back

2 pages. : 130 GSM or above Art paper with colour print.

10. Inside inner pages of Diary 4 nos. with photographs : 130 GSM or above Art paper with colour print.

11. Weekly planner : 26 pages both sides in 100 GSM in multi-colour.

12. Telephone Index pages : 6 pages. 13. Packing : Individual diary to be covered in a white gift

Pack of paper with OMC LOGO & with easy opening and closing.

14. Estimated Cost per unit : Rs. 260/- excluding GST.

ITEM-II A) Specification for Printing of 1200 of OMC Note Book A5 size 2020.

1.As per sample. : A5 size. 2.Size of the Note Book : Length- 21.0 cm & Breadth-14.8 cm. 3.Cover of the Note Book : Hard bound Pu-cover.

4.Front Cover : Engraving of OMC Logo & Year in front cover and Address in back cover and engraving individual name & designation in cover page. (individual naming to be done within 50% of order quality)

5. Inner page : The OMC Note Book for the year 2020 shall contain

192 or more printed pages in natural shade papers as per sample. 6. Inner paper &colour (Superior quality): 70 GSM or better in natural shade paper as per sample with silk marker.

B) Specification for Printing of 1200 of OMC Note Book B6 size 2020.

1. As per sample. : B6 size.

1. Size of the Note Book : Length- 10.5 cm & Breadth-14.8 cm. 2. Cover of the Note Book : Hard bound Pu-cover. 3. Front Cover : Engraving of OMC Logo in front cover and Address in back cover.

4. Inner page : The OMC Note Book for the year 2020 shall contain 192 printed pages in natural shade papers as per sample. 5. Inner paper &colour : 70 GSM in natural shade paper as per sample.

Estimated Cost per unit (A5 + B6) : Rs. 400/- (Maximum) excluding GST.

N.B.- 1200 nos. of these two size note books should be packed in gift cover of best quality & bio-degradable paper to be provided in a compact form.

ITEM- III

Specification for Printing & supply of OMC Calendar-2020.

1. As per sample.

2. Size : The height should be between 18”-22” and Width should

be between 14”-18” (W)

3. Quantity : 1000 nos.

4. Pages : Minimum 3 page & maximum 6 date sheets + 1 flyleaf

5. Paper : 170 gsm art paper.

6. Printing : Multicolor offset both sides for date sheets

7. Binding : Wire with rod hangar.

8. Estimated Cost per unit : Rs. 100/- (Maximum) excluding GST.

CHAPTER-4

PRICE, PRICE FALL CLAUSE, VALIDITY OF THE PROPOSAL, DELIVERY PERIOD 1. PRICE:

Prices should be quoted as per the price bid format for different items and should be submitted online.

A single bidder may quote for any of the items or all of the items. The details of the taxes/ duties break up are to be indicated clearly against each item and is to be kept in the envelope for price Bid online.

2. ESCALATION OF PRICE:

The rates quoted by the bidder shall remain firm & fixed during the entire period of contract/supply order and shall not be subject to variation on any account except on variation due to Govt. taxes and duties. The price approved by the OMC for award of this contract will be inclusive of all levies, taxes and duties. This clause is of course, subject to price fall clause.

3. RIGHT TO RISK PURCHASE:

If the seller/supplier fail to fulfil the terms and conditions of the purchase order, OMC shall have the right to procure the materials /services from any other party for execution /completion of the contract and recover from the supplier all charges /expenses/losses/damages suffered by OMC at risk and cost of the seller after giving 15 days’ notice to the seller. This will be without prejudice to the rights of OMC for any other action including termination.

4. VALIDITY:

The offer will remain valid up to 180days from the date of opening of tender.

5. DELIVERY PERIOD: The successful bidder has to complete the work in all respect within 20th December 2019 or within 45 days from the date of award of contract whichever is earlier.

When the supplier fails to supply the item in time, the ordering authority has the following options depending upon the conditions and circumstances of the case

6. Extending the delivery period without any penalty: Under the following Circumstances extension of delivery date may be considered. (i) In absence of urgency of the requirement and delay involved has or will

not cause any loss or inconvenience to the organization. (ii) When the supply is delayed due to strike of Transporter, Factory or any

such incident linked to production/supply of the item. (iii) In case of any natural calamities occurring before the delivery date. (iv) In case of items where the supplier /manufacturer is dependent on

approval of advance sample/drawings or any clarification required is not submitted in time and delay occurs in approval time.

(v) When delay occurs in taking up pre despatch inspection at suppliers works by the nominated inspector.

(vi) Any other reason cited by the vendors supported by required documents if felt genuine by the management.

If extension of delivery date sought for in writing by the vendor is felt genuine, the same may be considered after due approval of the competent authority.

7. INITIAL SECURITY DEPOSIT (ISD):

The bidder shall have to deposit an ISD equivalent to 5% of the contract value excluding Taxes and duties within 15 days of issue of LOI/P.O., whichever is earlier. The ISD shall be in form of DD. The ISD shall be for satisfactory completion of the work awarded in the P.O. The ISD shall be forfeited in case the Agency fails to fulfill its obligations under the contract. The ISD shall be released to the Agency after completion of supply at the time of release of last 5% payment.

CHAPTER-5

PAYMENT TERMS, TAXES & DUTIES

1.1 95% of payment long with applicable GST shall be released after completion of supply of the material/items on production of bills to PR department of OMC.

1.2 Balance 5% of along with applicable GST shall be released with 60 days of supply.

1.3 TDS under IT Act, BG Act and any other Act as applicable & statutory deductions as per Govt. norm shall be deducted from the bills. All bills are to be submitted as per relevant Rules as applicable.

1.4 No advance payment in any form will be made.

2. TAXES & DUTIES: Taxes and duties in percentage and also specified amount should be clearly mentioned in the price bid format. Variation of taxes and duties if any, by the Govt. or statutory authority after tender date shall be allowed to the bidder pertaining to this work.

3. GST Clause i) The Successful Bidder should have registration under GST Acts.

ii) The Successful Bidder has to raise Invoice as required under section 31 of the GST Act and relevant Rules made there under.

iii) The Invoice should contain the following particulars as required under Rule 46 of CGST Rules.

Name, address and Goods and Services” Tax Identification Number of the Supplier.

A consecutive serial number not exceeding sixteen characters, in one or multiple series, containing alphabets or numerals or special characters- hyphen or dash and slash symbolised as “-” and “/" respectively, and any combination thereof, unique for a financial year. a) Date of its issue.

b) Name, address and Goods and Services Tax Identification Number or Unique Identity Number, if registered, of the recipient.

c) Harmonised System of Nomenclature code for goods or SAC code for services.

d) Description of goods or services.

e) Quantity in case of goods and unit or Unique Quantity Code thereof.

f) Total value of supply of goods or services or both.

g) Taxable value of the supply of goods or services or both taking into account discount or abatement, if any.

h) Rate of tax (Central tax, State tax, Integrated tax, Union territory tax or Cess).

i) Amount of tax charged in respect of taxable goods or services (Central tax, State tax, Integrated tax, Union territory tax or Cess).

j) Place of supply along with the name of the State, in the case of a

supply in the course of Inter-State Trade or Commerce.

k) Address of delivery where the same is different from the place of supply.

l) Whether the tax is payable on reverse charge basis; and

m) Signature or digital signature of the supplier or his authorised representative.

iv) The Successful Bidder should file the GST Returns as required in the GST

Acts, and details of Invoice submitted to OMC and GST amount charged thereon should reflect in Form GSTR-2A within a reasonable time, so as to make OMC enable to take Input Tax Credit (ITC) of the GST amount paid against those Bills.

v) If due to any reason attributable to the Successful Bidder, Input credit of the GST amount paid on Invoices raised by the Successful Bidder is not available to OMC/denied by the dept. then the same will be recovered from the dues of the Successful Bidder or the Successful Bidder has to deposit an equivalent amount.

vi) The Successful Bidder has to comply with all the Provisions of GST Acts, Rules and Notifications issued there under.

vii) The successful bidder hereby undertakes to indemnify OMC, from any liabilities arising in future due to non compliance by the successful bidder of the GST Acts, Rules and any other Acts currently in force and applicable to the successful bidder by OMC.

CHAPTER-6

PENALTY CLAUSE 1. PENALTY

If the supplier fails to supply the materials within the original or extended

delivery period, penalty will be imposed an amount equivalent to 0. 5% of the

value of the items (excluding Taxes & duties) of delayed portion per each week

or part thereof delay (Seven day week) subject to maximum of @5% of the total

ordered value excluding Taxes and duties.

If the purchasing authority at any time feels & ascertain that the bidder is not in

a position to supply the item within the delivery period or taking no steps for

delivery of the item, it shall be open to the management to cancel the order

alongwith forfeiture of ISD/ Performance Gurantee. To ascertain the status of

the supply, the purchasing authority may write to the bidder or send any

representative to the bidder’s site to verify the progress of supply or carryout

stage inspection if required.

2. WAIVER OF PENALTY:

If at any time during the Contract, the bidder should encounter conditions

impending timely performance of service, the bidder shall promptly notify to

OMC in writing of the fact of the delay, its likely duration and its cause(s). As

soon as practicable after receipt of the bidder’s notice, the OMC shall evaluate

the situation and may at its discretion waive the penalty on the request of the

bidder.

CHAPTER-7

OMC’S RIGHT

1. OMC'S RIGHT TO VARY QUANTITIES: The OMC reserves the right at the time of award of work and during the tenure of the contract to increase or decrease the quantity by +/- 20% of tendered quantity without any change in the terms & conditions and the prices quoted the tenderers.

2. SPLITTING OF QUANTITY (IF REQUIRED):

Due to critical and vital nature of the item, OMC reserve the right to split the contract in favour of more than one renderer depending on the requirement.

3. OMC'S RIGHT TO ACCEPT OR REJECT ANY OR ALL OFFERS:

OMC reserves the right to accept or reject any offer and reject all offers, at any time prior to award of contract without assigning any reason whatsoever and without thereby incurring any liability to the affected bidder(s) on the grounds for the OMC's action.

4. TERMINATION FOR DEFAULT:

The OMC may, without prejudice to any other remedy for breach of contract, by written notice of default, sent to the bidder, terminate this contract in whole or in part.

(a) If the bidder fails to supply the items within the time period (s) specified in

the Contract or any extension thereof granted by the OMC. (b) If the bidder fails to perform any other obligation (s) under Contract.

And

(c) If the bidder, in either of the above circumstance(s) does not remedy its failure within a period of 30 days (or such longer period as OMC may authorize in writing) after receipt of the default notice from OMC.

CHAPTER-8

DISPUTE RESOLUTION, FORCE MAJEURE, JURISIDICTION

1. FORCE MAJEURE: If for any reason of war, riots, commotion, civil disturbances, statutory

constraint, earthquake, acts of the State or acts of the God, the performance of

the contract becomes impossible which fact will be decided either by the

Managing Director or Chairman or CMD of the OMC, the contractual obligation

of the parties hereunder will stand terminated forthwith.

2. DISPUTE RESOLUTION:

Any dispute(s) or difference(s) under or arising out of or in respect of this facility

management or in connection there with, the same shall be referred to sole

arbitration of the Managing Director/Chairman / CMD, OMC Ltd, whose decision

on the dispute shall be final and binding on the parties. He may, however,

appoint another person of the rank of a Dist. Judge (Retd) of the state of Odisha

if he himself is not otherwise available for the said purpose. The Arbitration will

be carried out as per Arbitration and Conciliation Act, 1996 and the Rules

framed there under.

Annexure-A

Forwarding letter (To be enclosed in the Techno commercial Bid) (On the Letter head of the Bidder)

(The bidder is required to indicate in this forwarding letter the details of the documents including Demand Draft attached in the bid)

Date: ___________

To The PRO The Odisha Mining Corporation Ltd. OMC House, Bhubaneswar – 751 001 Odisha, India

Sub: Proposal towards printing & supply of Diary/Notebook/Calendar 2020 to OMC. I/We ……………………..…………………….……………………………………………………………… having My/Our ……….………………………………………………………………………………………………………… Office at ………………………………..…….…………………. Do declare that I/We carefully read the terms and conditions as laid down in the Tender documents for printing & supply of DIARY/NOTEBOOK/CALENDAR 2020 to OMC. I/We will abide by all conditions set forth in the tender document.

I/We ………………………………………………………………………………………………………………………. Do hereby declare that I/We will print & supply ______________ to OMC as per the terms and conditions of the tender document within the period ……………………………… (The bidder has to mention delivery period as per the tender schedule.

Signature of the bidder Date :

Annexure-B

BG should be obtained from Nationalized/ Scheduled Commercial Bank operable/ executable at Bhubaneswar

DATE: _____________

BANK GUARANTEE Name of Bank: To

The Odisha Mining Corporation Limited, Bhubaneswar

Dear Sir,

Guarantee No. ………………………… Amount of Guarantee Rs …………………/- (Rupees………………….….….)only.

Guarantee cover from………….….. to …………………… Guarantee remain full force ………………………………. Last date for lodgment of claim: ……… (Two months from date of expiry). This Deed of guarantee executed by (Bank Name) ..……………………………, constituted under the Banking companies (Acquisition & Transfer of Undertaking) Act……………………………… having its registered office at ……………………………………………………… and amongst other places, a branch at ……………………….(hereinafter referred to as the bank) in favour of the Odisha Mining Corporation Ltd., Bhubaneswar (hereinafter referred to as OMC, the beneficiary) for an amount not exceeding Rs. …………………/- (Rupees …………………………………………………………………………….……..) only at the request of M/s. ………………………………………….…………………. (hereafter referred to as the agency). This guarantee is issued subject to the condition that the liability of the bank under this guarantee is limited to maximum of Rs…………………/- (Rupees……………………………………………..) only and the guarantee shall remain in full force from …………….. to ………………. (date of expiry) with further claim period of two months and cannot be invoked otherwise than by a written demand or claim under this guarantee served on the bank at our …………………………….. Branch at Bhubaneswar on or before ………………………… (last date of lodgment of claim) by the OMC, Bhubaneswar in writing.

For (Bank) Seal Branch Manager Branch

SUBJECT TO AS AFORESAID

(Main guarantee matter may be typed hereafter)

BG No :…………….………….…..…….……

Date:…………………………………….……..

Amount:……………..………..……….….…

Valid period from ………. to ….………

Claim period…………..…………...………

BANK GUARANTEE

The Odisha Mining Corporation Ltd BBSR (herein after called as the OMC ) has agreed to accept from M/s ………………………………………..…….. at ……………………………… PO …………………..…. PS ………………………… District……………………, State……………………, (herein after called as Agency) a bank guarantee for Rs. …………………..……………… (Rupees ………………………………………..…………………………………) only for the period from …………….….…. to ……….…………. with a claim period of two months & the last date of lodgment of claim within …………..…………………. towards EMD/SD/ISD/Performance Guarantee/ Guarantee against advance payment in connection with ……………………………. Work/Contract/PO/Tender No & Date. We ……………………………………….(Bank)……………………. branch, do hereby undertake to indemnify and keep indemnified “OMC.” to the extent of Rs …………………………… (Rupees…………………………………... only) for the period from ……………….……….. to …….……………....…. with the last date of lodgment of claim within ……….……..……..….. We …………………………….…………….. (Bank) ………….………….. branch, further agree that if a demand is made by the OMC, have no right to decline to cash the same for any reason whatsoever. The fact that there is a dispute between the said Agency and the OMC is no ground for us to decline to honour invocation and such invocation is a sufficient reason for the OMC to enforce the bank guarantee unconditionally without any reference to the said Agency within 48 hours excluding holidays. We………………………(Name of the Bank & Branch)…………………………branch, further agree that a mere demand by the OMC. is sufficient for us ………….............(Bank Name),…………...…… branch at Bhubaneswar, to pay the amount covered by the bank guarantee without reference to the said Agency and any protest by the said Agency

cannot be valid ground for us,…………………Bank………….. Branch, to decline payment to the OMC. We ……………………….……………………the bank, undertake to pay to the OMC any money so demanded notwithstanding any dispute or disputes raised by the said agency in any suit or proceedings pending before any court or tribunal relating thereto as our liability under this present being absolute and unequivocal. If notice of demand is served on the Bank and for this purpose it shall be deemed sufficient if such notice is served on our branch at ………………….……, Bhubaneswar, by the OMC before the last date of lodgment of claim under this guarantee, then not withstanding anything to the contrary herein contained, the liability of the Bank under this guarantee shall be enforceable as due to us.

BG No :………………………..…..…….……

Date:…………………………..….…….……..

Amount:……………………….……….….…

Valid period from ………. to ….………

Claim period………………………...………

We ……………………………..the bank further agree that the OMC shall have fullest liberty, without our consent and without affecting in any manner our obligation hereunder to vary any of the terms and conditions of the agreement/work order/contract / order etc or to extend time of performance by the said agency from time to time or to postpone for any time or from time to time any of the powers exercisable by the OMC against the said agency and to forbear or enforce any of the terms and conditions relating to the order and shall not be relieved from our liability by reason of any such variation or extension being granted to the said Agency or for any forbearance, act or omission on the part of the OMC or any indulgence by the OMC to the said agency.

We ………………………… (Name of the Bank & specify branch Name) ………………………………. Branch, lastly undertake not to revoke this guarantee during its currency except with the previous consent of the OMC in writing.

Notwithstanding anything contained herein above: 1. All claims under this guarantee must be presented to …………………(name of the

bank)………….(Branch), Bhubaneswar (Odisha) 2. Our liability under this Bank Guarantee shall not exceed Rs. ……………(Rupees

………………………………………)only. 3. This guarantee will not get discharged due to change in the constitution in the bank

or the said agency. 4. This Bank Guarantee shall remain valid up to………….. (date of expiry) with additional

claim period of two months and claim under this guarantee can be served on or before …………… (last date of claim).

5. We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and only if OMC serves a written claim or demand on the bank at our branch at Bhubaneswar on or before ……………. (last date of for lodgment of claim.)

Signature: Name: Address: For & on behalf of

(Seal) Signed and delivered this on ……………………………….…

Annexure-C

MANDATE FORM (FOR ENABLING E-PAYMENT) (Preferably in payee's Letter Head)

TO

THE ODISHA MINING CORPORATION LIMITED, OMC HOUSE; P.B. NO-34, UNIT-5, BHUBANESWAR PIN-751001, ODISHA

Sub: Mandate for getting payment through electronic mode i.e. EFT/NEFT/RTGS Dear Sir,

We are hereby giving our consent to get all our payments due from The Odisha Mining Corporation Ltd. through electronic mode i.e. EFT/NEFT/RTGS. We also agree to bear all the bank charges payable in this regard. (Please furnish the information in capital letter) 1. Name of the Vendor 2. Address of the Vendor PIN Code IT PAN E-mail ld Mobile No Phone FAX No

3. Bank Particulars: Bank Name Branch Name Branch Place Account No. Account Type Saving/Current/Cash

Credit Branch State

RTGS Enable Yes/No NEFT Enabled Yes/No Core-Bank Enabled *

Yes/No

Branch Code MICR Code IFSC Code * In case of Vendors having Bank account in Andhra Bank 4. Effective Date

We hereby declare that the particulars furnished are correct & complete. If any transaction is delayed or not effected for incomplete/incorrect information/any other technical reasons, we will not hold The OMC Ltd. responsible. Date: Signature of the Party with seal Certified that the Bank Particulars furnished are correct as per our record.

Annexure-D

DECLARATION (in non judicial stamp paper)

Sub: Tender No: ____________ I/We___(name of bidder)_______confirm that I/we have fully read and understood

all the details mentioned in the tender document NIT No.__________& all

corrigendum/ addendum issued, if any. I/We accept all terms and conditions

mentioned in the tender schedule and I/We declare that I/We have not been Black

listed within a period of three preceding years from publication of this NIT by any

competent court of Law, Forum or any State Govt. or statutory entities. If at any

stage the declaration/information/scanned documents furnished in support of the

same in respect of eligibility criteria/black listing etc found to be incorrect, I/We

hereby agreed to be treated as disqualified bidder and I/We have no right to claim

for consideration of my/our bid at any stage and the money deposited in form of

EMD/S.D. shall be forfeited or as decided by OMC.

Signature of the Bidder with Seal