DPS P 102

Form No.
DPS-P-102
भारत सरकार
GOVERNMENT OF INDIA
परमाणु ऊर्ाा विभाग
DEPARTMENT OF ATOMIC ENERGY
क्रय एिं भंडार विदेशालय
DIRECTORATE OF PURCHASE & STORES
INVITATION TO TENDER
The Director, Purchase and Stores, Directorate of Purchase and Stores Department
of Atomic Energy, Government of India, for and on behalf of President of India, invites
online tenders for supply of stores as detailed in the Purchaser‟s Tender Specifications.
Tendering conditions are given in Section - A and conditions of contract which will govern
the contract pursuant to tender are as contained in Form No. DPS P-100 which is provided
in Section B of this tender document. If you are interested to quote, please go through the
contents of this document particularly the tendering conditions and ensure that quotation is
submitted online on or before the due date and time indicated.
You are requested to upload your quotation online as per technical specifications
indicated herein and scanned copy of duly signed and stamped undertaking as per
Form 102A appended.
Hard copy of tender will not be accepted.
Yours faithfully,
Assistant Purchase Officer/ Purchase Officer
for and on behalf of the President of India (The Purchaser)
Form # DPS-P-102_Rev_03_December_2016 Page 1 of 32

SECTION – A
TENDERING CONDITIONS
1 Tendering Conditions (Common for bids in INR or other
currency)
2 MANNER AND METHOD FOR SUBMISSION OF TENDERS
2.1 Tenders will not be considered unless it is received online.
3 PRICE
3.1 The prices quoted must be FIRM and preference will be given to such tenders.
3.2 In exceptional cases (e.g. items involving substantial use of raw materials
susceptible to sharp fluctuations in prices) if prices quoted subject to variation
it shall be on the basis of a standard Price Variation Formula. The basis for
calculation shall be very clearly stated. The responsibility for furnishing the
documentary evidence for price variation lies with the vendor. Preference will
be given to the tenders with a specific ceiling on escalation.
4 CONDITIONAL DISCOUNT
4.1 In case the vendor offers any conditional discount with regard to acceptance of
their offer within a specific period or specific payment terms, delivery,
quantity, etc., the Purchaser will not take into consideration such conditional
discount while evaluating their offer.
5 VALIDITY OF TENDER
5.1 Offers shall be valid for a minimum period of 90 days from the date of
opening of the tender.
6 DELIVERY SCHEDULE
6.1 The vendor shall indicate realistic delivery period for supply of the stores
tendered. Delivery period quoted should be strictly adhered to.
7 TEST CERTIFICATE
7.1 Wherever the tests and test certificates are required by the Purchaser, the same
shall be conducted/furnished by the Contractor without any extra cost.
8 TENDER OPENING
8.1 Tenders after opening can be viewed by participating vendors online.
9 ADHERENCE TO PURCHASER‟S TENDERING AND CONTRACT
CONDITIONS
9.1 Printed, cyclostyled or such terms and conditions of the vendors not appearing
on the body of quotation will not be considered as part of their quotation.
Vendors shall quote on the basis of „Invitation to Tender, Tendering and
Contract Conditions‟.
10 DECLARATION OF HOLIDAY
10.1 If the date(s) specified for receipt and opening of the tenders is/are declared as
holidays abruptly by the competent authority due to any administrative

reasons, then the due date(s) for receipt/opening of tenders will get postponed
automatically to the next working day.
11 CONDITIONS GOVERNING THE CONTRACT
11.1 It must be clearly understood that any contract pursuant to this Invitation to
Tender shall be governed by the General Conditions of Contract/Special
Conditions of Contract for supply of stores contained in Form No. DPS-P-100,
which is appended at page 17. Special care must therefore be taken by the
vendor to go through the General Conditions of Contract / Special Conditions
of Contract and in exceptional case, if any deviations are sought for, these
must be clearly stated in the tender in a separate annexure to the tender form.
12 INSTALLATION AND COMMISSIONING
12.1 Wherever the Purchaser‟s invitation to tender calls for installation and
commissioning or supervision of installation and commissioning of the
instrument/equipment by the vendor, the vendor must clearly and separately
quote prices for supply of the stores and charges and the terms for installation
and commissioning or supervision of installation and commissioning as the
case may be. The charges towards installation and commissioning should not
be included in the price of the stores (charges towards installation and
commissioning or supervision of installation and commissioning should be
quoted at the appropriate place in price bid).
12.2 In respect of contracts involving installation and commissioning by the
overseas supplier where identifiable charges for the same has been quoted by
the vendor, he shall bear the Income Tax liability as per the rates prevailing at
the time of undertaking the job in accordance with the Income Tax Act in
force in India, which at present is 20% on the installation and commissioning
charges.
12.3 When the scope of the contract includes installation and commissioning, it
shall be the sole responsibility of the contractor to undertake the installation
and commissioning as and when called for, by the Purchaser.
13 OFFERS FROM INDIAN AGENTS ON BEHALF OF FOREIGN
SUPPLIERS
13.1 In case the tender is submitted by an Indian Supplier/Indian Agent on behalf
of the foreign Supplier/Principal, following documents should be submitted
with the tender, failing which their offer is liable to be ignored:-
13.2 Photocopy of the Agency Agreement between the Principal and the Indian
Agent showing the percentage or the quantum of agency commission payable
and a letter of authority from the Principal authorising the Indian agent to
submit the tender on their behalf.
13.3 Type and nature of after sales service to be rendered by the Indian Agent.
13.4 Indian Agents are allowed to quote on behalf of only one foreign
Principal/Supplier against this tender.
13.5 Acceptance of the offer will, however, be communicated only to the foreign
Principals directly.

14 PAST PERFORMANCE
14.1 In case the past performance of the vendor with regard to quality, delivery,
warranty obligation and fulfillment of terms and conditions of the contract is
not found to be satisfactory their offer is liable to be rejected by the Purchaser.
15 CAPACITY & FINANCIAL STANDING
15.1 In case it is found that the vendor does not possess the requisite infrastructure,
capacity, capability and their financial standing is not satisfactory, such tender
is liable to be rejected by the Purchaser.
16 EXPORT PERMISSION
16.1 It is entirely the responsibility of the supplier who is quoting for materials of
foreign origin to ensure obtaining export permission/licence/authorisation as
required from the respective Government before arranging shipment. This
Department would not accept post supply inspection by any agency/authority
of any foreign country. It is therefore necessary that the vendors offering
materials from foreign countries shall have a thorough knowledge of the
export control regulations in vogue in those countries.
16.2 The vendors shall indemnify the Purchaser against any consequences in
respect of any end use declaration they/their overseas Principals may furnish
to the Government/licensing agencies of the country of origin of the material
while seeking export permission/license. Post supply inspection, contrary to
the terms and conditions of Purchaser‟s contract shall be deemed to be null
and void.
17 END USER STATEMENT
17.1 We hereby certify that the item/s ………………………………………being
procured from M/s……………………………………against our Purchase Order
No…………………………………………dated………….will be used for
…………….......... .
We also certify that the item/s will not be used in designing, developing,
fabricating or testing of any chemical, biological, nuclear or weapons of mass
destruction or activity related to it.
It is further certified that we will not re-export this item/s prior to obtaining
permission from the concerned authority as may be required.
18 COUNTRY OF ORIGIN
18.1 Wherever the tenders are for imported stores, the country of origin and name
and address of the manufacturer of the stores offered for supply must be
specified in the offer.
19 Restricted information categorised under section 18 of the atomic energy act,
1962 and under section 5 of the official secrets act, 1923.
19.1 Any contravention of the abovementioned provision by the Contractor, Sub-
Contractor, Consultant, Advisor or the Employees of the Contractor will invite
penal consequences under the aforesaid legislation.
20 Prohibition against use of the name of any institution of the department of
atomic energy without permission for publicity purpose

20.1 The Contractor or Sub-Contractor, Consultant, Advisor or the Employees
engaged by the Contractor shall not use the name of any Institution of the
Department of Atomic Energy for any publicity purpose through any public
media like Press, Radio, TV or Internet without the prior written approval of
the Purchaser.
21 CONFIDENTIALITY
21.1 Drawings, specifications, prototypes, samples or any other correspondence/
details/information provided by the Purchaser relating to the tender or the
contract shall be kept confidential by the contractor, and should not be
disclosed or passed on to any other person/firm without the prior written
consent of the Purchaser. This clause shall apply to the sub-contractors,
consultants, advisers or the employees engaged by the contractor.
22 COMPLIANCE WITH SECURITY REQUIREMENT OF THE
PURCHASER
22.1 Contractor shall strictly comply with the security rules and regulations of the
Purchaser in force and shall complete the required formalities including
verification from Police and any other authority and obtain necessary prior
permission for entry into the Purchaser‟s premises wherever authorised by the
Purchaser.
23 RESULT OF THE TENDERS
23.1 Unsuccessful vendors will not be informed of the result of their tenders. The
vendor can view status of tender processing on the portal.
24 Liability
24.1 Vendors shall be liable for any damage to the purchaser or any third party out
of any patent or latent defect in the goods supplied by him or sub-standard
services rendered by him.
25 SPARES AND ACCESSORIES
25.1 Offers for Plant/Machinery/Equipment/Instrument shall also state prices for
essential accessories, optional accessories and spares necessary for satisfactory
operation of the Plant/Machinery/Equipment/Instrument, as specified in the
tender:-
25.1.1 Required for a period of two years, and
25.1.2 Required for a period of five years.
26 PURCHASER‟S RIGHT
26.1 The Purchaser shall be under no obligation to accept the lowest or any other
tender and shall be entitled to accept or reject any tender in part or full without
assigning any reasons whatsoever.
27 Tendering Conditions for bids in INR only
27.1 Prices quoted by the vendor should include all charges involved for direct and
safe-delivery of the stores to the consignee/place of delivery indicated in the
tender document. If a vendor so desires, separate lump-sum charges for safe-
delivery of the stores to the consignee/purchaser‟s site, could be furnished.
However, the purchaser reserves the right to call for break-up. The purchaser

will neither undertake responsibility for transit insurance nor pay for it
separately.
27.2 In respect of tenders on Ex-works basis, in case the vendor has not mentioned
in the offer packing, forwarding and transportation charges for safe delivery
up to Purchaser‟s site, 2% of the price quoted towards packing (in respect of
both local and outstation firms), 1% of the basic price quoted towards safe
delivery charges in respect of local vendor and 3% of the basic price quoted
towards safe delivery charges in respect of outstation firm will be added for
comparison of offers on safe door delivery at Purchaser‟s site.
27.3 The stores shall neither be despatched under „owner‟s risk‟ nor consigned to
„self ‟, but only to the consignee‟s name and address indicated in the Purchase
Order. Non-adherence to this condition shall make the contractor liable to
bear all consequential penalties/expenses such as demurrage, wharfage, etc.
which the Purchaser may incur.
27.4 The consignee will, as soon as possible, but not later than 45 days from the
date of arrival of stores at destination notify the contractor of any loss or
damage to the stores that may have occurred during transit to enable the
contractor to repair/rectify the defects/damages or replace the goods as is
appropriate, free of all charges. In case it is desired by the contractor for
returning of the material to them all expenses towards transportation etc. will
be borne by the supplier and also will furnish bank guarantee towards the cost
of material.
27.5 In case an Indian supplier /Agent furnishes an offer for supply of out-rightly
imported stores, the price of such stores shall be quoted in Indian Rupees for
delivery to the consignee‟s premises exclusive of import duties and on firm
price basis. However, the percentage/quantum of all import duties payable
should be quoted separately for consideration of the purchaser wherever
necessary. The import duties will be reimbursed by the purchaser against
supporting documentary evidence.
28 STATUTORY LEVIES
28.1 EXCISE DUTY
28.1.1 If it is desired to ask for excise duty or any other statutory levies and charges
as extra, the same must be specifically stated and shown separately. In the
absence of any such statement no claim for the same will be entertained.
(Where the excise duty is leviable on ad valorem basis, the vendor should
submit along with the tender, the Form-I and the Manufacturer‟s Price List
wherever applicable, showing the actual assessable value of the stores as
approved by the Excise authorities).
28.1.2 The Purchases meant for the Research Institutions under the administrative
control of the Department of Atomic Energy, are entitled for Excise Duty
Exemption as per Notification No. 10/97-Central Excise dated 1.3.1997.
Necessary Excise Duty Exemption Certificate will be provided by the
Purchaser after placement of the order prior to despatch of the material.
28.1.3 Since this Directorate handles purchases for both Research Institutions and
Industrial Units under the Department of Atomic Energy, the vendors should

not include the excise duty in the quoted price. They should however quote
separately the percentage or quantum of excise duty applicable.
28.1.4 Excise Duty Exemption Certificate will be issued only in favour of the
Contractor with whom the purchase order is placed for the end product and not
in favour of any third party. However, in case the offer is received from a sole-
selling agent of the original equipment manufacturer for which documentary
proof should be submitted, issue of excise duty exemption certificate in favour
of the original equipment manufacturer can be considered provided such
request is made in the original offer.
28.1.5 Excise duty exemption certificate will not be issued for raw materials or
components or any other intermediary materials going into manufacture of the
end product.
28.1.6 If a vendor is availing CENVAT credit facility, this fact should be clearly
indicated in the tender. In the event of supply being made for R&D Unit for
the item as per Notification No. 10/97-Central Excise dated 1.3.1997 claim for
reversal of CENVAT if any should also be brought out in the tender itself
separately. Any request for the same will not be considered at a later stage.
28.1.7 Wherever excise duty is payable in respect of requirements for industrial units
under the Department of Atomic Energy, excise duty will be reimbursed only
against submission of original buyer‟s copy of Invoice/Invoice-cum-Challan
duly signed by the authorized representative of the company with details
relating to payment of excise duty to Government duly filled in.
28.1.8 Irrespective of issue of Excise Duty Exemption Certificate, for the purpose of
comparison of the offers, the Purchaser will take into account excise duty as
normally applicable unless the vendor is specifically exempted from payment
of excise duty under any other notification which fact should be clearly
brought out in the tender.
28.1.9 The vendor shall be solely responsible for the declaration regarding excise
duty made in his offer and shall indemnify the purchaser from any claim or its
liability from the excise authorities at any stage.
28.1.10 In case of vendors quoting excise duty as „nil‟, it will be taken that in the event
of an order no excise duty shall be payable during the currency of the contract
and the purchaser will not entertain any request for admission of excise duty
or issue of excise duty exemption certificate under any circumstances.
28.1.11 In case of the vendors quoting Excise Duty „nil at present‟ or „not applicable
at present’, for the purpose of comparison of their offers, the purchaser will
take into account the Excise Duty as normally applicable.
28.1.12 Please note that in case any refund of excise duty is granted to the Contractor
by Excise Authorities in respect of stores supplied under the contract, they
shall pass on the credit to the purchaser immediately along with a certificate
from their Director/Manager/Proprietor/ Accountant to the effect that the
credit so passed on relates to the excise duty / originally paid for the stores
supplied under the contract. In case of their failure to do so within 10 days of
the issue of the excise duty refund orders to them by the Excise Authorities,
the purchaser would be empowered to deduct a sum equivalent to the amount
refunded by the Excise authorities without any further reference to the

contractor, from any of their outstanding bills against this or any other pending
Government Contracts and that no dispute on this account would be raised by
the contractor.
28.1.13 Wherever the Excise Duty is claimed and admitted, the vendor is required to
furnish to the Paying Authority the following certificates:-
28.1.13.1 Certificate with each bill to the effect that no refund has been obtained in
respect of the reimbursement of Excise Duty made to Contractor during three
months immediately preceding the date of the claim covered by the relevant
bill.
28.1.13.2 Contractor‟s/Supplier‟s Auditor‟s certificates as to whether any refunds have
been obtained or applied for by them or not in the preceding financial year,
after the annual audit of their accounts, also indicating details of such refunds
application, if any. This certificate should contain reference to all Purchaser
Orders/Contracts held by the Suppliers/Contractors.
28.1.13.3 A certificate ALONG WITH THE FINAL PAYMENT BILL of the firm to the
effect whether or not they have any appeal/protest for refund or partial refund
of Excise Duties already reimbursed to the firm by the Government pending
with the Excise Authorities and if so, the nature, the amount involved and
position of such appeals. This certificate should be signed by the Contractor‟s
/ Supplier‟s Managing Director / Manager / Accountant.
28.1.13.4 AN UNDERTAKING to the effect that in case it is detected by the
Government at any time that any refund from Excise Authorities was obtained
by the Contractor/Supplier after obtaining reimbursement from the Paying
Authority and if the same is not immediately refunded by the
Contractor/Supplier to the Paying Authority giving details and particulars of
the transaction, Paying Authority will have full authority to recover such
amounts from the Contractor‟s/Supplier‟s outstanding bills against that
particular contract or any other pending Government contracts and that no
dispute on this account would be raised by the supplier.
28.2 VAT / Central Sales Tax/ Goods and Service Tax
28.2.1 VAT/ Central Sales Tax/ Goods and Service Tax where legally leviable and
intended to be claimed should be distinctly shown separately along with the
price quoted. Where this is not done, no claim for VAT/ Central Sales Tax/
Goods and Service Tax will be admitted at any later stage and on any ground
whatsoever.
28.2.2 When VAT/ Central Sales Tax/ Goods and Service Tax is claimed as extra by
the Contractor/Supplier in general and on packing charges in particular, the
following certificates should be submitted by the Suppliers/Contractors to the
Paying Authority on the bills itself:-
28.2.2.1 Certified that the goods and packing charges on which VAT/ Central Sales
Tax/ Goods and Service Tax has been charged have not been exempted under
the Central Sales Tax or the State Sales Tax Act or the rules made there-under
and the amount charged on account of VAT/ Central Sales Tax/ Goods and
Service Tax on these goods and packing charges are not more than what is
payable under the provision of relevant Act or the rules there-under.-

28.2.2.2 Certified further that we have actually paid VAT/ Central Sales Tax/ Goods
and Service Tax and are being assessed to VAT/ Central Sales Tax/ Goods and
Service Tax on packing charges and also that where there are statutory
exemption under the Relevant Act/Law of the State Government concerned, we
have availed ourselves of it and certified non-availability of such a provision
for VAT/ Central Sales Tax/ Goods and Service Tax on packing charges
wherever claimed.
28.2.2.3 Certified further in respect of amount claimed into the bill no claim is pending
for refund/or admissible. Certified that in the event of our getting refund in
whole or in part of the element of VAT/ Central Sales Tax/ Goods and Service
Tax on packing charges claimed from Government, we shall pass on the
benefit to the Purchaser by remitting to Government the amount equivalent to
the amount of refund obtained by us.
28.2.2.4 Certified further that we _____________(our Branch or agent) ________
_________(address) are registered as dealers in the State of _________under
Local Regn. No. ____________and in the State of _____________ under
Central Regn. No. _________for the purpose of State/Central Tax.
(Stamp & Signature of the Vendor)
28.3 OCTROI DUTY
28.3.1 Wherever place of delivery is Mumbai or any other place where Octroi is
applicable, department will issue necessary Octroi Duty Exemption Certificate
against specific indication in the original offer itself and the same will be
issued only on specific request. Suppliers should quote price exclusive of
Octroi Duty and the same must be clearly mentioned in the offer. However,
under no circumstance Octroi duty will be reimbursed or paid in case of any
claim from suppliers at later stage. It may also be noted that if requirement of
Octroi Duty Exemption Certificate is not indicated in their original offer, the
same shall not be issued at a later stage under any circumstances. Irrespective
of issuing Octroi Duty Exemption Certificate, while evaluating the offers,
wherever applicable, Octroi Duty will be loaded at the rate applicable.
28.4 ENTRY TAX
28.4.1 It will be the responsibility of the vendor/contractor to indicate
percentage/quantum of entry tax applicable and intention for claiming re-
imbursement of payment of entry tax while submitting bid failing which
purchaser will not be liable for reimbursement of entry tax under whatsoever
reason. Further, purchaser will not be responsible for non-payment of entry
tax and its resultant consequences.
28.5 CUSTOMS DUTY
28.5.1 The Purchaser is entitled for assessment of customs duty at the concessional
rate as per Customs Notification No. 51/96-Custom dated 23.7.1996 issued by
the Department of Revenue, Ministry of Finance, as amended from time to
time, in respect of purchases made for the Research Institutions under the
Department of Atomic Energy and the Purchaser will obtain the requisite
certificate from the appropriate authority and provide to the contractor for
availing the concessional rate of customs duty.

28.5.2 Since this Directorate handles purchases for both Research Institutions and
Industrial Units under the Department of Atomic Energy, in case an Indian
supplier/agent submits an offer for supply of out rightly imported stores in
Indian Rupees, they should quote price for CIF Port of Destination (like CIF
Mumbai, CIF Chennai etc.). However, the transit insurance for the same
should be taken from an Indian Insurance company nominated by the
purchaser, so as to provide insurance coverage from anywhere in the world to
anywhere in India. Wherever, against a requirement, both indigenous as well
as imported offers are received, the offers for imported stores will be
evaluated on the basis of total landed cost after loading custom duty and other
levies as may be applicable from time to time for taking purchase decision.
28.5.3 High Seas sale will not be considered.
28.5.4 Wherever against a requirement, both indigenous as well as imported offers
are received, the offers for imported stores will be evaluated on the basis of
the total landed cost after loading the full customs duty and other levies as
may be applicable from time to time for taking purchase decision.
28.5.5 Customs duty exemption certificate will not be issued for raw materials/
components or any other intermediary materials going into the manufacture of
the end product.
29 FLUCTUATION IN THE EXCISE DUTY/CUSTOMS DUTY
29.1 Unless otherwise specifically agreed to in terms of the Contract, the purchaser
shall not be liable for any claim on account of fresh imposition and /or
increase in Excise Duty, Customs Duty and Sales Tax on raw materials and/or
components used directly in the manufacture of the contracted stores, taking
place during the pendency of the contract.
30 SAMPLES
30.1 Samples, if called for, shall be submitted free of all charges by the vendor
indicating Purchaser‟s Tender No. and the Purchaser shall not be responsible
for the loss or damages thereof due to any reason, whatsoever. In the event of
non-acceptance of the offer, the vendor shall collect the samples within a
reasonable time at own expenses. Offers without samples are liable to be
ignored.
31 QUANTITIES
31.1 Quantities indicated are approximate only and one or more of the items of the
stores tendered, or a portion of any one or more of the items of such stores
may be accepted and the vendor notwithstanding that his Tender has not been
accepted in whole shall be bound to supply contracted quantity to the
Purchaser.
32 AUTHENTICATION
32.1 In case the vendors are a partnership firm or Joint Hindu Family Concern, they
shall furnish the names and full particulars of the partners or the members of
the Joint Hindu Family owning the concern, in a separate sheet to be annexed
to the tender.
The tender must be signed:-

32.1.1 In the event of a sole proprietary concern: By the sole proprietor or by a
constituted attorney duly authorised to enter into and sign agreements on
his/her behalf including agreements to refer disputes arising under or relating
to such agreements to arbitration by a Power of Attorney signed by the
proprietor and authenticated by a Notary Public or a Magistrate.
32.1.2 In the event of a partnership firm: By all partners or by a constituted attorney
duly authorised to enter into and sign agreements on behalf of the partnership
firm including agreements to refer disputes arising under or relating to such
agreements to arbitration by a Power of Attorney executed under their
common seal authenticated by a Notary Public or a Magistrate.
32.1.3 In the event of a Limited Company: Under the common seal of the company
or by a constituted attorney duly authorized to enter into and sign agreements
to refer disputes arising under or relating to such agreements to arbitration by
a Power of Attorney executed under their common seal authenticated by a
Notary Public or a Magistrate.
32.1.4 In the event of a Hindu Joint Family concern: By the Karta of the Joint
Family.
32.1.4.1 When the tender is signed by a constituted attorney of the sole proprietor of a
concern or when the tender is signed on behalf of firms by a constituted
attorney of its partners as provided in such clause (a) and (b) above, then
original power of attorney appointing him/her as such constituted attorney
shall be supplied with the tender or if a tender is executed on behalf of a
limited company by its constituted attorney as provided in sub-clause (c)
above, the original power of attorney along with resolution (if it is required
under its Articles of Association) authorised, the affixation of its common seal
on the power of attorney and a copy of its Articles of Association shall be
supplied with the tender. If however the power of attorney has been
previously furnished to and approved by the Purchaser, the Contractor need
not send the same with the tender. Failure on the part of the Contractor to
comply with the instruction contained in this clause shall entail rejection of the
tender.
32.1.5 A person signing the tender form or any documents forming part of the
contract on behalf of another shall be deemed to warrant that he/she has
authority to bind such persons and if, on enquiry or later on, it appears that the
persons so signing had no authority to do so, the Purchaser may, without
prejudice to other civil and criminal remedies, cancel the contract and hold the
signatory liable for all costs and damages.
33 FREE ISSUE MATERIAL (This clause shall apply only to contracts for
supply of fabricated equipment with purchaser's Free Issue Materials (FIM).
33.1 Wherever contracts envisage supply of Free Issue Material (FIM) by the
Purchaser to the contractor for fabrication of the contracted equipment/stores,
such Free Issue Material shall be safeguarded by an insurance policy to be
provided by the contractor at his own cost for the full value of such materials
and the insurance policy shall cover, the following risks specifically and shall
be valid for six months beyond the contractual delivery date:
33.1.1 RISKS TO BE COVERED: Any loss or damage to the Purchaser's materia1s
due to fire, theft, riot, burglary, strike, civil commotion, terrorist act, natural

calamities etc. and any loss or damage arising out of any other causes such as
other materials falling on purchaser's materials.
Insured by : (Name of the contractor)
Beneficiary : The President of India, acting through
The Director, Purchase & Stores
Directorate of Purchase & Stores
Department of Atomic Energy
Amount for which insurance The amount will be indicated in the
policy to be furnished respective contract.
33.2 Free Issue Material (FIM) will be issued to the contractor only after receipt of
the Insurance Policy from the contractor. The contractor shall arrange
collection of the FIM from the Purchaser's premises and safe transportation of
the same to his premises at his risk and cost.
33.3 Notwithstanding the insurance cover taken out by the contractor as above, the
contractor shall indemnify the Purchaser and keep the Purchaser indemnified
to the extent of the value of free issue materials to be issued till such time the
entire contract is executed and proper account for the free issue materials is
rendered and the left over/surplus and scrap items are returned to the
Purchaser. The contractor shall not utilize the Purchaser's free issue materials
for any job other than the one contracted out in this case and also not indulge
in any act, commission or negligence which will cause/result in any
loss/damage to the Purchaser and in which case, the contractor shall be liable
to the Purchaser to pay compensation to the full extent of damage/loss. The
contractor shall be responsible for the safety of the free issue materials after
these are received by them and all through the period during which the
materials remain in their possession/control/custody. The free issue materials
on receipt at the contractor's works shall be inspected by them for ensuring
safe and correct receipt of the material. The contractor shall report the
discrepancies, if any, to the Purchaser within 5 days from the date of receipt of
the material. The contractor shall take all necessary precautions against any
loss, deterioration, damage or destruction of the FIMs from whatever cause
arising whilst the said materials remain in their possession/custody or control.
The free issue materials shall be inspected periodically at regular intervals by
the contractor for ensuring safe preservation and storage. The contractor, shall
also not mix up the materials in question with any other goods and shall render
true and proper account of the materials actually used and return balance
remaining unused material on hand and scrap along with the final product and
if it is not possible within a period of one month from the date of delivery of
the final product covered by this purchase order. The contractor shall also
indemnify the Purchaser to compensate the difference in cost between the
actual cost of the free issue material lost/damaged and the claim settled to the
Purchaser by the insurance company. The decision of the Director, Purchase &
Stores, Directorate of Purchase & Stores, Department of Atomic Energy, as to
whether the contractor has caused any loss, destruction, damage or
deterioration of the free issue materials while in his possession, custody or
control from whatever cause arising and also on the quantum of damage
suffered by the government, shall be final and binding upon the contractor.
34 PAYMENT TERMS

34.1 Purchaser‟s Standard Payment Terms as specified in Form No. DPS-P-100,
i.e. the General Conditions of all Contracts governing indigenous supplies are
full payment after receipt and acceptance of the stores by the Purchaser.
34.2 In case any of the vendors seek advance or progressive payment prior to
delivery of the material, such requests can be considered only in exceptional
cases of large value items, in which case the vendor will be required to furnish
a bank guarantee for an equivalent amount of the advance/progressive
payment sought for, valid till the execution of the contract. The bank
guarantee shall be got executed as per the Purchaser‟s format from State Bank
of India (SBI) or any of the nationalized bank or private sector banks, namely
ICICI bank, IDBI bank, HDFC bank and AXIS bank.
34.3 Besides, the offers of the vendors seeking advance/progressive payment will
be evaluated by loading 12% interest charges per annum on the amount of
advance desired up to the delivery period quoted.
34.4 In case any of the vendors seek pro-rata payment for the stores to be supplied
they should clearly mention in their offer the maximum number of
installments of supply. However, such installment delivery and pro-rata
payment will be considered only in respect of contract involving large value
and sizeable quantity of the item and the maximum number of installments
shall be normally restricted to four. Acceptance or otherwise of this condition
is reserved by the purchaser.
35 INTEREST FOR DELAY IN SUPPLY BEYOND THE CONTRACTUAL
DELIVERY DATE
35.1 Wherever advance payments are sought for by the Contractor and admitted in
the contract against bank guarantee for equivalent amount, in the event of any
delay in supply beyond the contractual delivery date for reasons attributable to
the Contractor interest charges at the rate of 12% shall be levied for the period
beyond the contractual delivery date on the amount of balance advance
payment to be adjusted.
36 PURCHASE PREFERENCE
36.1 In respect of offers from Central Public Sector Enterprises, they will be
eligible for purchase preference, if any, when they compete with the Private
Sector Units as per the policy of the Government of India in force at the time
of evaluation provided their offer is technically suitable.
37 PRICE PREFERENCE FOR MICRO & SMALL ENTERPRISES
37.1 In respect of offers from Micro & Small Enterprises (MSEs) registered with
appropriate Government authorities will be eligible for preferences, as
admissible at the time opening of tender, when competing with other non-
MSEs as per the policy of Government of India provided their offer is
technically suitable. In case of MSE owned by member of Scheduled
Cast/Scheduled Tribe, it is necessary to submit valid caste/tribal certificate
issued by appropriate authority for availing the preferences as admissible to
them as per Government policy in vogue. Failure to submit required
document, along with tender, will disqualify the vendor for claiming
preferences at later date.

38 SECURITY DEPOSIT
38.1 In the event of acceptance of an offer, the vendor will be required to submit a
security deposit in respect of Contract/Order exceeding Rs. 5.00 lakh for 10%
of the total basic cost of the stores ordered, exclusive of taxes and duties, in
the form of a bank guarantee valid till at least 2 months beyond the contractual
date for completion of the Order/Contract. The bank guarantee should be
executed by SBI/any nationalised bank or private sector banks, namely, ICICI
bank, IDBI bank, HDFC bank or AXIS bank, on a non-judicial stamp paper of
appropriate value as per the Purchaser‟s format.
38.2 Offers wherein vendors declined to submit Security Deposit are liable to be
rejected.
39 PRODUCTS WITH ISI MARK
39.1 Products with ISI mark will be preferred.
39.2 In respect of following categories of item, Purchaser will consider offers for
products with ISI mark only:-
 Fire Extinguisher
 Building Material
 PVC Pipes & Fittings
 Agricultural implements & sprayers
 Medical instruments such as, syringes, needles, BP apparatus, etc.
40 PERMANENT ACCOUNT NUMBER
40.1 The vendors shall submit a true copy of the PAN Card/Letter issued by the
Income-tax Department, along with the tender, failing which the tenders are
liable for rejection.
41 FACTORY REGISTRATION/SHOP & ESTABLISHMENT CERTIFICATE.
41.1 The vendors shall submit a copy of the Factory Registration/Licence or Shop
& Establishment Certificate as applicable, along with the tender, failing which
the tenders are liable for rejection.
42 BANKER‟S DETAILS
42.1 The vendor shall furnish the details regarding the name and address of their
bankers in their offer including NEFT/RTGS details for e-payments.
43 PUBLIC PROCUREMENT POLICIES
43.1 Products covered under Public Procurement Policies will be procured as per
extant rules and guidelines.
44 Tendering Conditions for bids in currency other than INR
44.1 Overseas vendors are also eligible to participate in the tender, subject to using
Digital Signature Certificate / Encryption Certificate obtained from any
licenced Certifying Authority authorized by Controller of Certifying
Authority, India.
44.1.1 How to get a Digital Signature Certificate?
44.1.1.1 The Office of Controller of Certifying Authorities (CCA), issues Certificate
only to Certifying Authorities (CA). CA issue Digital Signature Certificate to

end-user. You can approach any one of the seven CAs for getting Digital
Signature Certificate. For details please visit website www.cca.gov.in.
44.1.1.2 However, vendors may, if they so desire, seek help of the Service Provider to
acquire Digital Signature Certificate. Please contact Help Desk numbers given
on the portal.
45 TERMS OF PRICE
45.1 For air shipment: Ex-Works/Factory duly packed OR Free Carrier (FCA) at
the specified „Gateway Airport‟, as per list given below
List of Gateway Airports
1. Australia - Melbourne
2. Austria - Vienna
3. Canada - Toronto / Montreal
4. China - Beijing
5. Denmark - Copenhagen
6. France - Paris
7. Germany - Frankfurt
8. Hong Kong - Hong Kong
9. Italy - Rome
10. Japan - Tokyo / Osaka
11. Netherlands - Amsterdam
12. Singapore - Singapore
13. Sweden - Stockholm
14. Switzerland - Zurich
15. United Kingdom - London
16. U.S.A. - JFK
45.2 Since the Purchaser has authorised Consolidation Agents, they will arrange to
pick up the consignment from the Supplier‟s Works and arrange for air-
freighting from the respective Gateway Airport, the vendor shall, also indicate
separately the Ex-Works/Ex-Factory packed price.
45.3 For ocean shipment : FOB/FAS port of shipment –The price quoted shall
include the cost of the item, packing charges, inland transportation charges
upto the Port of Shipment and loading of the item on to the ship. The name of
the sea port from where the shipment will be made shall also be indicated.
45.4 In the event of award of contract and mode of shipment is ocean freight,
shipping arrangements shall be done by the vendor.
45.5 It will be in the interest of the vendors to quote price as mentioned above and
other charges for documentation, inland transportation upto the gateway
airport/port of shipment, if any and air-freight/sea-freight separately on the
above lines, as the comparison of all the offers shall be made on the basis of
the total landed cost on an uniform basis for evaluation.
46 AGENCY COMMISSION
46.1 Agency Commission payable to the vendor‟s Agents in India, if any, shall be
included in the price. Name and address of Indian Agent and the percentage of
commission payable to them and included in the price shall be clearly
indicated. The commission will be paid directly to the Indian Agents in

equivalent Indian Rupees based on the exchange rate prevailing on the date of
remittance to the foreign after final acceptance. The manner and method of
payment of Agency Commission is indicated in the General Conditions of
Contract/Special Conditions of Contract.
47 RIGHT TO REJECT QUOTATION
47.1 The Purchaser reserves the right to reject any quotation, which is not in
conformity with the above instructions.
47.2 The Purchaser also reserves the right to reject any quotation without assigning
any reason whatsoever.
Any additional conditions attached to this Invitation to Tender shall also form part of the
contract conditions.

SECTION ‘B’
Form No. DPS-P-100
भारत सरकार GOVERNMENT OF INDIA
परमाणु ऊर्ाा विभाग DEPARTMENT OF ATOMIC ENERGY
क्रय एिं भंडार विदेशालय DIRECTORATE OF PURCHASE & STORES
General Conditions Of All Contracts
&
Special Conditions Of Contracts Governing Supplies Of Plant And Machinery
Applicable To Contracts Placed By The Directorate Of Purchase And Stores
Index
Clause # Clause Title Page
1. Preamble 18
2. Definitions and interpretations 18
3. Authority of persons signing the contract on behalf of Contractor 18
4. Sub-contracting 19
5. Drawings and specifications 19
6. General Warranty 19
7. Alteration 20
8. Samples 20
9. Packing 20
10. Inspection 20
11. Security Deposit 21
12. Time for and date of delivery – the essence of contract. 21
13. Extension of Delivery Schedule 21
14. Rectification and replacement of defective stores 22
15. Inspector‟s authority to certify performance 22
16. Consequence of Rejection 22
17. Recovery of Sums Due 23
18. Lien in respect of other contracts 23
19. Warranty 23
20. Permits and Licenses 24
21. Patent indemnification 24
22. Mode and terms of payment including payment of agency commission and bank charges 24
23. Insurance 26
24. Marking 26
25. Law Governing the Contract 27
26. Jurisdiction 27
27. Arbitration 27
28. Exercising the Rights and Powers of the Purchaser 28
SECTION-II – SPECIAL CONDITIONS OF CONTRACTS
29. Responsibility for completeness 28
30. Final Test 28
31. Rejection of Defective Plant 28
32. Warranty 29
33. Erection and commissioning including time for completion 29
34. Training 30
35. Mode of Payment 30
36. Performance Bond Bank Guarantee 30
37. Definition of Plant 30
Appendix „A‟ Specimen form for performance bond 31
Form DPS-P-102A 32

SECTION-I
GENERAL CONDITIONS OF CONTRACTS APPLICABLE TO ALL CONTRACTS
1. PEAMBLE
1.1 While the conditions contained in Section I will apply to all contracts, Section
II will also apply to contracts for Plant/Machinery/Equipment/ Instrument.
2. DEFINITIONS AND INTERPRETATION : In the contract and the general
and special conditions governing it, unless the context otherwise requires
2.1 “PURCHASER” means the President of India and includes his successor or
assigns
2.2 “DIRECTOR, PURCHASE & STORES” means the Director, Purchase and
Stores, Govt. of India, for the time being in the administrative charge of the
Directorate of Purchase and Stores and includes Joint Director, Deputy
Director, Purchase and Stores, the Senior Purchase Officer, Purchase Officer
or Assistant Purchase officer of the said Directorate of Purchase and Stores or
any other officer authorized for the time being to execute contracts relating to
the purchase and supplies of stores on behalf of the Purchaser.
2.3 “CONTRACTOR” or “SUPPLIER” means the individual firm or company
with whom or with which the contract/purchase order for supply of Stores is
placed and shall be deemed to include his successors, heirs, executors,
administrators and permitted assignees, as the case may be.
2.4 “CONTRACT” or “PURCHASE ORDER” means and comprises of a Letter
or Email or ink signed or digitally signed document conveying acceptance of
Contractor‟s offer and invitation to tender, tender containing offer, advance
acceptance of the offer, acceptance of offer, general and special conditions of
contract specified in the acceptance of offer and any subsequent
amendments/alterations thereto made on the basis of mutual agreement.
2.5 “STORES” OR “MATERIAL” means the goods specified in the
contract/purchase order which the contractor has agreed to supply under the
contract.
2.6 “SUB-CONTRACTOR” or “SUB-CONTRACTOR” means any contractor or
supplier engaged by the contractor or the supplier with the prior approval of
the Purchaser in relation to the contract/purchase order.
2.7 “INSPECTOR” or “QUALITY SURVEYOR” means any Engineer nominated
and deputed by the purchaser or their appointed Consultants or quality
Surveillance Agency or any other person from time to time authorized by the
Purchaser to act as his representative for the purpose of inspection of stores
under the contract/purchase order.
2.8 PARTIES
2.9 The parties to the contract are the Contractor and the Purchaser and the
Purchaser named in the Contract/Purchase Order.

3. AUTHORITY OF PERSON SIGNING THE CONTRACT ON BEHALF OF
THE CONTRACTOR
3.1 The person signing the contract or the purchase order or any other document
in respect of the contract or purchase order on behalf of the contractor shall
deemed to warrant that he has the authority to bind the contractor
4. SUB-CONTRACTING
4.1 The supplier shall not assign, sublet or delegate the contract or any part thereof
without the Purchaser‟s prior written consent, which consent shall not be
unreasonably withheld, but he may without the Purchaser‟s consent purchase
such parts, accessories or associated equipment as he does not normally
manufacture.
5. DRAWINGS AND SPECIFICATIONS
5.1 The drawings and specifications are intended to be complementary and to
provide for and comprise everything necessary for the completion of supply.
Any material shown on the drawing even if not particularly described in
specifications or vice versa is to be supplied by the Contractor as if it were
both shown and specified.
5.2 Should any discrepancy be noted in the drawings and/or specifications and
should any interpretation of the same be required, the matter shall be referred
to the Purchaser for clarification which shall be binding upon the contractor.
Otherwise, the contractor shall assume responsibility for the interpretation of
the drawings and specifications including interpretation by his sub-contractors.
5.3 Should any difference or dispute arise with regard to the true intent and
meaning of drawings or specification or should any portion of the same be
obscure or capable of more than one interpretation, the same shall be decided
by the Purchaser whose decision shall be final.
5.4 All lettering on the drawings is to be considered as part of the specification
and contract. In all cases figured dimensions are to be followed rather than
those indicated by scale. Large scale drawings will take precedence over
smaller scale drawings.
5.5 The contractor‟s drawings shall, when approved by the Purchaser, be deemed
to be included in the list of drawings which form part of the contract. The
contractor shall not proceed with fabrication until all drawings associated
therewith have been duly approved by the Purchaser.
5.6 The Contractor shall be responsible for and shall pay for any alterations of the
stores and shall indemnify the Purchaser for any consequential expenditure
incurred by the Purchaser due to any discrepancies, errors, omissions in the
drawings or other particulars supplied by him whether such drawings or
specifications have been approved by the Purchaser or not, provided that such
discrepancies, errors or omissions be not due to inaccurate information or
specifications furnished to the contractor on behalf of the Purchaser.
6. GENERAL WARRANTY
6.1 The stores supplied by the contractor under the contract shall be of best quality
and workmanship. The contractor shall supply the stores in accordance with
the contract specifications unless any deviation has been expressly specified in
the contract and any amendments agreed thereto.

6.2 The contractor‟s offer to supply stores in accordance with the tender
specifications shall be deemed to be in admission on his part that he has fully
acquainted himself with the details thereof and no claim shall lie against the
Purchaser on the ground that the contractor did not examine or acquaint
himself fully with the tender specifications.
7. ALTERATIONS
7.1 The Purchaser may, from time to time, make changes in the drawings
specifications and issue additional instructions without altering the purchase
order in any manner provided that no changes shall have been ordered which
materially alter the character and scope of the supply under the contract.
7.2 It shall be lawful for the parties to the contract to alter by mutual consent at
any time and from time to time the drawings and specifications and as from
the dates specified by him stores to be supplied shall be in accordance with
such altered drawings and specifications provided that if any such alterations
involve increase or decrease in the cost of or in the period required for
production, a revision of the contract price and/or the period prescribed for
delivery shall be made by mutual agreement in respect of the stores to which
the alteration applies. In all other respects, the contract shall remain unaltered.
8. SAMPLES
8.1 Samples submitted for any reason shall be supplied without charge and freight
paid without any obligation of the Purchaser as regards safe custody or safe-
return thereof. All samples submitted must be clearly labelled with the
Contractor‟s name and address and tender number. If the Contractor submits
the sample with his tender the same shall not govern the standard of supply
except when it has been specifically stated in the Purchase Order that it is
accepted instead of any sealed pattern. Should certified samples be lent to the
Contractor by the Purchaser, the Contractor is responsible for the return in
perfect order of all certified samples with the labels intact.
9. PACKING
9.1 The contract shall pack the stores at his own cost sufficiently and properly for
transit by sea/air as the case may be so as to ensure their being free from loss
or damage while in transit t the ultimate destination specified in the contract.
9.2 Unless otherwise provided in the contract all containers (including packing
cases, boxes, tins, drums and wrappings) in which the Stores are supplied by
the contractor shall be considered as property of the Purchaser and their cost
as having been included in the contract price.
10. INSPECTION
10.1 The contractor shall be responsible for and perform all inspection and testing
required in accordance with the contract/purchase order and specifications
included therewith.
10.2 The Purchaser may at his option depute his representative for Inspection of the
stores to be supplied under the contract or authorize and nominate a Quality
Surveillance Agency of his choice for the purpose hereinafter called, in either
case, the inspection.

10.3 The contractor shall give notice of readiness for inspection to the Inspector
(deputed under clause 10.2 above) so that the Inspector can be present at the
requisite time. In such an event delivery shall not be effected until an
authorization or shipping release is obtained from the Purchaser‟s Inspector.
10.4 The contractor shall allow reasonable facility and free access to his
work/factory and records to the inspector for the purpose of inspection or for
ascertaining the progress of delivery under the contract.
11. SECURITY DEPOSIT (for contracts in INR)
11.1 In the event of acceptance of an offer, the contractor will be required to submit
a security deposit for 10% of the total basic cost of the stores ordered,
exclusive of taxes and duties, in the form of a bank guarantee valid till at least
2 months beyond the contractual date for completion of the Order/Contract.
The bank guarantee should be executed by SBI/any nationalised bank or
private sector banks, namely, ICICI bank, IDBI bank, HDFC bank or AXIS
bank, on a non-judicial stamp paper of appropriate value as per the
Purchaser‟s format.
11.2 Offers wherein contractors declined to submit Security Deposit are liable to be
rejected.
12. TIME FOR AND DATE OF DELIVERY – THE ESSENCE OF
CONTRACT.
12.1 The time for and date of delivery of the stores stipulated in the contract shall
be deemed to be of the essence of the contract and delivery must be completed
not later than date/dates stipulated.
13. EXTENSION OF DELIVERY SCHEDULE
13.1 If any delay in delivery shall have arisen from any cause such as strike,
lockouts, fire, accidents, riot or the like which the purchaser may admit as
reasonable ground for grant of extension of delivery schedule, the purchaser
will allow such additional period for the purpose as he may consider necessary
taking the circumstances into consideration.
13.2 If the contractor fails to deliver the stores or any installment or part thereof
within the period fixed for such delivery or such additional period allowed by
the purchaser in accordance with foregoing paragraphs or any time before the
expiry of such period repudiates the contract, the Director, Purchase and
Stores may without prejudice to the rights of the purchaser.
13.3 recover from the contractors as agreed liquidated damages and not by way of
penalty a sum equivalent to 2% of the price of any stores which the contractor
has failed to deliver within the period fixed for delivery in the contract or such
additional period as mentioned in paragraph 13.1 for each month or part of the
month during which the delivery of such stores, may be in arrears where
delivery thereof is accepted after expiry of the aforesaid period. (For the
purpose of computing the damages for delayed supplies under the clause, the
cost of the entire plant/machinery/equipment/instrument will be taken into
consideration if the plant/machinery/equipment/instrument cannot be put to
the intended use for want of delayed portion of supply). OR

13.4 Recover from the Contractor, at the sole discretion of the Purchaser, token
liquidated damages up to 10% of the normal liquidated damages may be
imposed.
13.5 purchase or authorise the purchase elsewhere without notice to the contractor,
on account and at the risk of the contractor of the stores not so delivered or
others of a similar description (where stores exactly complying with the
contract specification are not in the opinion of the Director, Purchase and
Stores, which opinion shall be final, readily procurable) without cancelling the
contract in respect of the portion instrument not yet due of delivery. OR
13.6 cancel the contract or portion thereof and if so desired purchase or authorise
purchase of the stores not so delivered or others of a similar description
(where stores exactly complying with the contract specification are not in the
opinion of the Director, Purchase and Stores, which opinion shall be final,
readily procurable) at the risk and cost of the contractor, if the contractor had
defaulted in the performance of the original contract, the purchaser shall have
the right to ignore his offer in response to risk purchase enquiry even though
the lowest.
13.7 Where action is taken under sub-clause 13.5 or sub-clause 13.6 above the
contractor shall be liable for any loss which the purchaser may sustain on that
account provided that the repurchase, or if there is an agreement to repurchase
then such agreement, is made within a reasonable period from the date of such
failure, depending upon the nature / merit of the purchase and in case of
repudiation of the contract before the expiry of the aforesaid period of
delivery, shall not be entitled to any gain on such purchase and the manner and
method of such purchase shall be in the entire discretion of the Director,
Purchase and Stores. It shall not be necessary for the purchaser to serve a
notice of such purchase on the contractor.
14. RECTIFICATION AND REPLACEMENT OF DEFECTIVE STORES
14.1 If the inspector find that the contractor has executed any unsound or imperfect
work, the inspector shall notify such defects to the contractor and the
contractor on receiving the details of such defects or deficiency, shall at his
own expenses, within seven days or otherwise within such time as may be
mutually agreed upon as reasonably necessary, proceed to alter, reconstruct or
remanufacture the stores to the requisite standard and specifications as called
for by the tender specification.
15. INSPECTOR‟S AUTHORITY TO CERTIFY PERFORMANCE
15.1 The Inspector, wherever deputed by the Purchaser under Clause 10.2 shall
have the power:
15.2 before any stores or parts thereof submitted for inspection to certify that they
cannot be in accordance with the contract owning to the adoption of any
unsatisfactory method of manufacture.
15.3 reject any stores submitted for inspection or part thereof as not being in
accordance within the specification.

16. CONSEQUENCE OF REJECTION
16.1 If on the store being rejected by the inspector or consignee at the destination
the contractor fails to make satisfactory supplies within the stipulated period
of delivery, the Director, Purchase and Stores may:
16.2 allow the contractor to submit for inspection fresh stores in replacement of
those rejected, within specified time, the contractor bearing the cost of freight
on such replacement without being entitled to any extra payment on that
account. OR
16.3 Purchaser may take recourse to the remedies provided for as per clause 13.5
or 13.6
17. RECOVERY OF SUMS DUE
17.1 Whenever any claim for payment of, whether liquidated or not, moneys arises
out of or under this contract against the Contractor the Purchaser shall be
entitled to recover sum by appropriating, in part or whole, the security
deposited by the Contractor, if a security is taken against the Contract. In the
event of the security being insufficient or no security has been taken from the
Contractor then the balance or the total sum or which at any time hereafter
may become due to the Contractor under this or any other contract with the
Purchaser, should this sum be not sufficient to cover the full amount
recoverable, the Contractor shall pay to the Purchaser on demand the
remaining balance due. Similarly, if the Purchaser has or makes any claim,
„whether liquidated or not against the Contractor under any other contract with
the Purchaser the payment of all moneys payable under the contract to the
contractor including the security deposit shall be withheld till such claims of
the Purchaser are finally adjudicated upon and paid by the Contractor.
18. LIEN IN RESPECT OF CLAIMS IN OTHER CONTRACTS
18.1 Any sum of money due and payable to the Contractor under any contract may
be withheld or retained by way of lien by the Purchaser or any other person or
persons contracting through the Director, Purchase and Stores against any
claim of the Purchaser or such other person or persons in respect of payment
of a sum of money arising out of or under any other contract made by the
contractor with the Purchaser or with other such person or persons.
18.2 It is an agreed term of the contract that the sum of money so withheld or
retained under this clause by the Purchaser will be kept withheld or retained as
such by Purchaser till this claim arising out of in the same contract or any
other contract is either mutually settled or determined by the arbitrator, and
that the contractor shall have no claim for interest or damages whatsoever on
this account or on any other ground in respect of any sum of money with-held
or retained under this clause and duly notified as such to the contractor.
19. WARRANTY
19.1 The contractor warrants that stores to be supplied under the contract shall be
free from all defects and faults in materials, workmanship and manufacture
and shall be of the highest grade and consistent with the established and
generally accepted standards for stores of the types under the contract in full
conformity with the specifications, drawings or samples, if any and shall if
operable, operate properly. This warranty shall expire (except in respect of

complaints notified to the contractor prior to such date) twelve months after
the date of receipt of the last lot of stores under the contract at the ultimate
destination stipulated in the contract.
19.2 Should any defect or deficiency in the stores supplied by the contractor under
the contract appear to be discovered within 12 months from the date of receipt
of the stores in India, the contractor upon notification of such defects or
deficiency by Purchaser, shall forthwith take measure to rectify every such
defect, deficiency or failure without cost to the Purchaser. In case the
contractor opts for return of stores for rectification/repair at their works, the
contractor shall furnish bank guarantee for cost of stores as per purchaser‟s
format valid till acceptance of rectified/repaired stores. Further the warranty
period will further get extended for the time stores was not available to the
purchaser for his use. If the contractor after such notification shall make
default or delay in rectifying all such defects, deficiencies or failure to the
satisfaction of the Purchaser, the Purchaser may take recourse to the remedies
provided for in clause 13.5 or 13.6 as applicable.
20. PERMIT AND LICENCES
20.1 The contractor shall secure and pay for all licences and permit at his end
which he may be required to comply with all laws ordinances and regulations
of the public authorities in connection with the performance of his obligations
under the contract. The contractor shall be responsible for all damages and
shall indemnify and save the purchaser harmless from against all claims for
damages and liability which may arise out of the failure of the contractors to
secure and pay for any such licences and permits or to comply fully which any
and all applicable laws ordinances and regulations.
21. PATENT INDEMNIFICATION
21.1 The Contractor shall indemnify and keep indemnified the Purchaser from and
against any and all claims, actions, costs, charges and expenses arising from or
for infringement of patent rights, copy right or other protected rights, of any
design plans, diagrams, drawings in respect of the stores supplied by the
contractors or any of the manufacturing methods or process adopted by
contractor for the stores supplied under the contract.
21.2 In the event of any claim being made or action being taken against the
purchaser in respect of the matter referred to clause 21.1 above, the contractor
shall promptly be notified thereof and he shall at his own expense, conduct all
negotiations for the settlement of the same and any litigation that may arise
there from.
21.3 In the event of any designs, drawing, plans or diagrams or any manufacturing
methods or process furnished by the contractor constituting infringement of
patent or any other protected rights and use thereof is restrained, the contractor
shall procure for Purchaser, at no cost to the latter, the rights to continue using
the same or to the extend it is possible to replace the same so as to avoid such
infringement and subject to approval by the Purchaser or modify them so that
they become non-infringing, but such modifications shall otherwise be to the
entire satisfaction of the Purchaser.
21.4 The provision of the clause remains effective and binding upon the Contractor
even after the completion, expiration or termination of the contract.

22. MODE AND TERMS OF PAYMENT
22.1 Payment for Contracts in currency other than INR
22.1.1 Unless otherwise specified in the contract, payment in full (excluding the
amount of the commission included in the price payable directly by the
Purchaser to the Indian Agent) shall be made within fifteen days from the date
of presentation of the following documents to the Purchaser‟s Bank specified
in each contract:
1. Negotiable Bill of Lading or Airway Bill as the case may be evidencing
shipment
2. Invoice for the shipment : Four Copies
3. Packing List : Four copies
4. Certificate of country of origin : To copies
5. Shipping release from Inspector or Quality Surveillance Agency
nominated by the Purchaser for the purpose of inspection : Four copies
6. Certificate of Quality including work test certificates of Chemical
Analysis where applicable : Two copies
7. Shipping authorization from purchaser wherever required.
8. Bank Guarantee for 10% of the value of contract in respect of
plant/machinery/equipment/instrument towards performance bond as
provided for in Clause 36 of Section II
22.1.2 An advance copy of invoice along with details of documents forwarded
through bank should be sent to the Paying Authority mentioned in the
Purchase Order to enable him to verify the claim and honour the documents
without delay.
22.1.3 The contractor shall be responsible to make available to the purchaser the
documents which are essential for arranging customs clearance in India. The
contractor shall arrange through his bank to have the documents air mailed to
the Purchase‟s bank without any delay. He shall also arrange to forward
directly to the Director, Purchase and Stores, three copies of non-negotiable
Bill of lading or Airway Bill as the case may be, along with a copy of the
invoice and packing list. If the purchaser incurs any extra expenditure by way
of penalty payable to the Port Trust authorities in India or any other such
expenditure due to delay in receipt of shipping documents specified by him,
the contractor shall be responsible for making good such extra expenditure
incurred by the Purchaser.
22.1.4 BANK CHARGES
22.1.4.1 While the Purchaser shall bear the bank charges payable to his Bankers in
India (State Bank of India) the Contractor shall bear all the bank charges
payable outside India including the charges towards advising/amendments
commission.
22.2 Payment for Contracts in INR
22.2.1 Unless otherwise agreed to between the parties in writing, payments for the
delivery of the stores will be made within a reasonable time on submission of
bills in triplicate. Payment for the stores on each delivery will be made to the

Contractor at the rates stipulated in the Purchase Order after goods are
received and passed after inspection. Normally 30 days will be allowed for
inspection after receipt of the stores.
22.3 AGENCY COMMISSION
22.3.1 The amount of commission included in the price and payable to the Indian
Agents of the Contractor shall be paid directly to the Indian Agents by the
Purchaser in equivalent Indian Rupees on the basis of an Invoice from the
Indian Agent. “Payment will be released to the Indian Agents after receipt and
final acceptance of the goods by the Purchaser and the exchange rate will be
the one based on which payment is made to the Contractor”.
22.3.2 The contractor shall send invoice only for the net amount payable to him after
deducting the amount of agency commission included in the invoice which
would be paid to the Indian Agents directly by the Purchaser. However the
contractors invoice should separately reflect the amount of commission
payable to his Indian Agent.
23. INSURANCE (For Contracts in currency other than INR)
23.1 Transit insurance from warehouse to warehouse will be arranged by the
purchaser through his underwriters unless this responsibility is specifically
entrusted to the contractor in any particular case.
24. MARKING (For Contracts in currency other than INR)
24.1 Each package delivered under the contract shall be marked by the contractor at
his own expense on three sides of the package and such markings shall be
distinct and shall clearly indicate the description and quantity of stores, name
and address of the consignee, gross and net weight of the package, name of the
contractor, ultimate destination, port of discharge etc.
24.1.1 The marking shall generally be as under
Name and address of the Directorate of Purchase and Stores,
consignee Government of India,
____________________
____________________
Contract Number and Date No.________ Date ______
Brief Description of Goods
Weight
Dimension
Ultimate Destination
Port of Discharge
Package Number
24.2 Each package shall contain a packing note specifying the name and address of
the contractor, the number and date of the contract/purchase order, name and
address of the consignee, description of the stores and the quantity contained
in such package.
24.3 The inspector, wherever deputed by Purchase under clause 10.2 may reject the
stores of the stores are not packed and/or Marked as aforesaid and in case

where the packing materials are specifically prescribed, if such materials are
not in accordance with the terms of the contract.
25. LAW GOVERNING THE CONTRACT (for contracts in INR)
25.1 This Contract shall be governed by the laws of India for the time being in
force. The marking of all stores supplied must comply with the requirements
of India Acts relating to Merchandise Marks and all the rules made under such
Acts.
26. JURISDICTION (for contracts in INR)
26.1 The courts within the local limits of whose jurisdiction the place from which
the Purchase Order is issued is stipulated only shall subject to clause 28 hereof
have jurisdiction to deal with and decide any matter arising out of this
Contract.
27. ARBITRATION
27.1 ARBITRATION (for contracts in INR)
27.1.1 Notwithstanding anything contained in clause 26 above, in the event of any
question, dispute or difference arising under these conditions or any condition
contained in the Purchase Order or in connection with this contract, (except as
to any matters the decision of which is specially provided for by these
conditions) the same be referred to the sole arbitration of the Directorate of
Purchase and Stores or of some other person appointed by him. It will be no
objection that the arbitrator is a Government servant, that he had to deal with
matters to which the contract relates or that in the course of his duties as a
Government servant has expressed views on all or any other matters in dispute
or difference. The award of the arbitrator shall be final and binding on the
parties to this Contract.
27.1.2 It is a term of contract:-
27.1.2.1 If the arbitrator be the Director, Purchase and Stores (i) in the event of his
being transferred or vacating his office by resignation or otherwise, it shall be
lawful for his successor-in-office either to proceed with the reference himself,
or to appoint another person as arbitrator; or (ii) in the event of his being
unwilling or unable to act for any reason, it shall be lawful for the Director,
Purchase and Stores to appoint another person as arbitrator; or
27.1.2.2 If the arbitrator be a person appointed by the Director, Purchase and Stores in
the event of his demise, neglecting or refusing to act, or resigning or being
unable to act for any reason, it shall be lawful for the Director, Purchase and
Stores to proceed with the reference himself or to appoint another person as
arbitrator in place of the outgoing arbitrator.
27.1.2.3 Subject as aforesaid, The Arbitration and Conciliation Act, 1996, the rule there
under and any statutory modifications thereof for the time being in force shall
be deemed to apply to the arbitration proceedings under this clause. The
Arbitrator shall have the power to extend with consent of the Purchaser and
the Contractor the time for making and publishing the award. The venue of
arbitration shall be the place as the Purchaser in his absolute discretion may
determine.
27.2 ARBITRATION (for contracts in currency other than INR)

27.1 All disputes arising in connection with the present contract shall be finally
settled under the Rules of Conciliation and Arbitration of the International
Chamber of Commerce by one or more Arbitrators appointed in accordance
with the said Rules.
28. EXERCISING THE RIGHTS AND POWERS OF THE PURCHASER
28.1 All the rights, discretions and powers of the Purchase under the contract shall
be exercisable by and all notices on behalf of the Purchaser shall be given by
the Director, Purchase and Stores, Deputy Director Purchase and Stores,
Purchase Officer, Assistant Purchase Officer of the Directorate of Purchase
and Stores or any person or persons authorized to enter into contracts on
behalf of the Director, Purchase and Stores and any reference to the opinion of
the Purchaser in the terms and conditions contained in these General
Conditions of all Contracts shall mean and be construed as reference to the
opinion of any of the persons mentioned in this clause.
SECTION-II
SPECIAL CONDITIONS OF CONTRACTS
GOVERNING SUPPLIES OF PLANT AND MACHINERY
In addition to the General Conditions of Contract contained in Section-I above
the following Special conditions shall apply to contracts for supply of plant/
machinery/equipment/manufactured equipment. These special conditions in
Section-I shall override the latter.
29. RESPONSIBILITY FOR COMPLETENESS
29.1 All fittings or accessories which may not be specifically mentioned in the
tender specifications of the contract but which are necessary, are to be
provided by the contractor without extra charge and the
plant/machinery/equipment/instruments must be completed in all respect.
30. FINAL TEST
30.1 The final tests as to performance and guarantee shall commence within one
month of completion of installation.
31. REJECTION OF DEFECTIVE PLANT
31.1 If the completed plant or any portion thereof before it is finally accepted is
found to be defective or fails to fulfill the requirements of the contract, the
Purchaser shall give the Contractor notice setting forth with the details of such
defects or failure and the contractor shall forthwith rectify the defective plant
or alter the same to make comply with the requirement of the contract. Should
the contractors fail to do so within a reasonable time the Purchaser may reject
and replace at the cost of the Contractor, the whole or any portion of the Plant
as the case may be, which is defective or fails to fulfill the requirement of the
contract. Such replacement shall be carried out by the Purchaser within a
reasonable time and at reasonable price and where reasonably possible to the
same specifications and under competitive conditions. The Contractor shall be
liable to pay to the Purchaser the extra cost, if any, of such replacement
delivered and or erected as provided for in the contract such extra cost being

the difference between the price paid by the Purchaser under the provisions
above mentioned for such replacement and the contract price for them.
Contractor shall refund to Purchaser any sum paid by the Purchaser to the
Contractor in respect of such defective plant.
32. WARRANTY
32.1 For a period of twelve calendar months after the plant/machinery/equipment/
instruments has been put into operation (or a suitable mutually agreed longer
period to be reckoned from the date of last major shipment depending upon
the nature of the plant/machinery/equipment/instrument) the Contractor shall
be responsible for any defects that may develop under conditions provided for
the contract and under proper use, arising from the faulty materials, design or
workmanship in the plant or from faulty erection of the plant by the
Contractor, but otherwise and shall rectify such defects at his own cost when
called upon to do so by the Purchaser who shall state in writing such defects.
32.2 If it becomes necessary for the Contractor to replace or renew any defective
portions of the plant for purpose of rectification under this clause, the
provisions of this clause shall apply to the portions of the plant so replaced or
renewed under the expiration of six months from the date of such replacement
or renewal or until the end of the above mentioned period of twelve months
whichever may be the later. If any defects not rectified within reasonable time,
the purchaser may proceed to get the work done at contractor‟s risk and
expenses but without prejudice to any other rights which the Purchaser may
have against the Contractor in respect of such defects, as provided in clause
13.5 or 13.6.
32.3 All inspections adjustments, replacements or renewals carried out by the
Contractor during the warranty period shall be subject to the same conditions
as in the contract.
32.4 Contractor shall, spare parts of equipment before going out of production, give
adequate advance notice to the Purchaser so that the latter may order
requirement of spares in one lot if so desires.
32.5 The contractor shall further guarantee that if spare parts go out of production,
will make available blue prints, drawings of spare parts and specifications of
material at no cost to the Purchaser, if and when required in connection with
the equipment to enable Purchaser to fabricate or procure spare parts from
other sources.
32.6 The provision of this clause shall remain effective and binding upon the
Contractor even after the completion or expiration of the contract and till the
plant/machinery/equipment supplied under the contract is in use by the
Purchaser.
33. ERECTION AND COMMISSIONING
33.1 In all cases where contracts provide for supervision of erection and
commissioning or for test at the Purchaser‟s premises the Purchaser except
where otherwise specified, shall provide free of charge, such labour, Materials,
fuels, stores, apparatus and instruments as may be required from time to time
and as may reasonably be demanded by the contractor to carryout efficiently
such supervision of erection and commissioning and for the requisite test. In

case of contracts requiring electricity for the completion of erection,
commissioning and testing at site, such electricity shall be supplied free to the
Contractor.
33.2 Action by the Purchaser under the clause shall not relieve the contractor of his
warranty obligations under the contract.
34. TRAINING
34.1 The Contractor shall, if required by the Director, Purchase and Stores provide
facilities for the practical training of purchaser‟s engineering or technical
personnel from India and for their active association on the manufacturing
process throughout the manufacturing period of the contract/stores, number of
such personnel to be mutually agreed upon.
35. MODE OF PAYMENT (for contracts in INR only)
35.1 Unless otherwise agreed to in writing between the Purchaser and the
Contractor, payment for the delivery of the plant approved by the Inspector
will be made as follows
35.2 80% of the contract price of each consignment delivered as soon as possible
after preliminary inspection by user section.
35.3 20% of the contract price plus the cost of erection, if any, as soon as possible
after final inspection, test and acceptance.
35.4 In addition to other remedies under the law and these conditions, the Purchaser
shall have lien on each consignment in respect of which 80% has been paid to
secure refund of this amount in the event of the same becoming refundable
under the terms of the contract or under the law and to secure payment of any
other dues under the contract or under the law.
36. PERFORMANCE BOND BANK GUARANTEE
36.1 In the event of acceptance of the offer in respect of plant, machinery,
equipment, instrument, etc. the contractor will be required to submit a
performance bank guarantee for 10% of the total value of the stores inclusive
of all statutory levies and other charges admitted in the contract, from
SBI/any nationalised bank or private sector banks, namely, ICICI bank, IDBI
bank, HDFC bank and AXIS bank, on a non-judicial stamp paper of
appropriate value valid till 2 months beyond the expiry date of warranty period
as per the Purchaser‟s format towards satisfactory performance of the plant,
machinery, equipment, instrument, etc. during the warranty period.
36.2 In case of bids in currency other than INR, performance bond bank guarantee
shall be furnished from any bank of international repute.
37. DEFINITION OF PLANT
37.1 The word “PLANT‟ wherever, appears in these “Special Conditions of
Contract governing supplies of Plants and Machinery” shall mean all
machinery, plants, equipment or parts thereof or what the Contractor agrees to
supply as specified in the Purchase Order.
APPENDIX ‘A’
TO

SECTION B SPECIAL CONDITIONS OF CONTRACT
PERFORMANCE BOND
(TO BE EXECUTED BY THE CONTRCTOR'S BANK)
The President of India
(acting through the Director, Purchase & Stores)
WEHREAS on or about the ________ day of ___________ M/s. ____________ having its registered
Office at _______ (hereinafter called 'The Contractor') entered into an Agreement No. ________
dated ______ for manufacture and supply of ____________ (hereinafter called 'The Contract') with
the President of India acting through the Director, Purchase and Stores, Department of Atomic Energy
(hereinafter called 'The Purchaser").
AND WHEREAS under the terms and conditions of the contract final payment amounting to --under
the contract is to be made against a performance bond in the form of bank guarantee furnished by the
Contactor for a sum _______ of equivalent to 10% (Ten per cent) of the value of the contract towards
satisfactory performance of the ______ (hereinafter called the equipment) valid for a period of 12
months from the date of putting into operation of the said equipment or ________ months from the
date of receipt of the last lot of consignment whichever is earlier.
NOW We, (bank) inconsideration of the promises and payment of the final/balance amount of ______
under the contract to the contractor hereby agree and undertake to pay on demand and without any
demur to the Director, Purchase & Stores, Directorate of Purchase and Stores, Department of Atomic
Energy on behalf of the contractor a sum not exceeding ________ against any loss or damage that
may be suffered by the Purchaser by the reasons of any unsatisfactory performance of the said
equipment.
AND we, ________ (Bank) hereby also agree that the decision of the said Director, Purchase &
Stores as to whether the said equipment is giving satisfactory performance or not and as to the amount
of loss or damages suffered by the Purchaser on account of unsatisfactory performance of the said
equipment shall be final and binding on us.
AND We (bank) hereby further agree that our liability hereunder shall not be discharged by virtue of
any agreement between the Purchaser & the Contractor whether with or without knowledge and/or
consent or by reason of the Purchaser showing any indulgence or forbearance to the contractor
whether as to payment, time performance or any other matter whatsoever relating to the contract
which but for this provision would amount to discharge of the surety under the law.
Our guarantee shall remain in force until ________ and unless a claim under the guarantee is lodged
with us within six months from the date (i.e. ________ ), all rights of the Purchaser under the
Guarantee shall be forfeited and we shall be relieved and discharged from all our liabilities hereunder.
Our liability under this guarantee shall not be affected by any change m our constitution or the
constitution of the contractor.
(Stamp & Signature)
FOR AND ON BEHALF _________ (BANK)
DATED AT ________

Form No. DPS-P-102A
TENDER FORM
Purchaser‟s Tender Enquiry No:______________

Supplier‟s Offer No. :______________
Date :______________
From ____________
_________________
To
Assistant Purchase Officer / Purchase Officer

Government of India
Dear Sir,
I/We have gone through the Purchaser‟s specifications of stores, instructions to
tenderers, the tendering conditions, General Conditions of Contracts and Special
Conditions of Contracts contained in Form No. DPS-P-100. I/We hereby agree to
supply the stores conforming to your tender specifications and also as per your General
Conditions of Contract and Special Conditions of Contract governing supply of stores.
2. You will be at liberty to accept any one or more of the items of stores offered by us and
I/We shall be bound to supply the stores as may be specified in the Purchase
Order/Contract.
3. I/We hereby agree to keep the price valid for your acceptance for a period of 90 days
from the date of opening of the tender.
4. Deviations to your technical specifications proposed are detailed in Annexure-A to the
tender form for your consideration.
5. I am/We are also enclosing herewith all the leaflets/catalogues etc. pertaining to the
stores offered.
Yours faithfully,
Stamp and Signature of the Tenderer

Encl

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Purchaser‟s Tender Enquiry No:______________

Assistant Purchase Officer / Purchase Officer

Stamp and Signature of the Tenderer

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