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CSIR – CENTRAL ROADS RESEARCH INSTITUTE (CRRI)

DELHI MATHURA ROAD, NEW DELHI – 110025

BID DOCUMENT
Tender Type: Open Tender to be quoted in INR Only

IMPORTANT INFORMATION FOR THE BIDDER


➢ THIS TENDER DOCUMENT IS HOSTED ON CPP Portal https://etenders.gov.in/eprocure/THEREFORE IF
ANY TERM, CONDITION, GUIDELINE, INSTRUCTION, CLAUSE ETC. MENTIONED IN THIS TENDER
DOCUMENT IS NOT RELEVANT TO E-TENDERING MODE, IT MAY BE IGNORED.

➢ IF THERE IS ANY INCONSISTENCY BETWEEN THE TERMS MENTIONED IN THIS BID DOCUMENT AND THE
SAME TERMS HAVING BEEN MENTIONED ALONG WITH THE TECHNICAL SPECIFICATION PART OF THE
DOCUMENT, THE LATTER SHALL HOLD GOOD.

➢ CORRIGENDUM, IF ANY, SHALL BE PUBLISHED ON THE PORTAL ONLY AND NO SEPARATE NEWSPAPER
ADVERTISEMENT SHALL BE ISSUED EVEN IF INITIAL POINTER AD WAS ISSUED IN THE NEWSPAPER

➢ The bidder must comply with Order Nos.P-45021/112/2020-PP(BE-II)(E-43780) dated 24.08.2020,


28.08.2020, and 31.08.2020and also Make in India Order No. P-45021/2/2017-PP (BE-II) dated 16th
September 2020 of Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of
Commerce and Industry, Government of India and any amendments thereon. THE ONUS FOR ENSURING
COMPLIANCE TO THE PROVISIONS OF THESE POLICY NOTIFICATIONS KEEPING IN VIEW THE
REQUIRMENTS UNDER THIS TENDER DOCUMENT ENTIRELY RESTS WITH THE BIDDER.

➢ Please note that purchaser neither operates nor manages the CPP portal where online bids are
submitted and therefore will not be responsible for any technical issues related to bid submission (like
bidder not being able to upload bid, blank/missing/part documents etc.). If bid is incomplete on account
of these, it will be treated as such and evaluated further. For any technical queries/issues related to
online bid submission, bidders must directly approach support service of CPP portal as per the details
given on the website itself.
NOTICE INVITING TENDERS (NIT)
1 Director, CSIR- CRRI, New Delhi invites ONLINE bids from manufacturers, their authorized distributors and Indian
Agent of Foreign principals, if any, for purchase of items listed below:
CPP Portal Tender ID
Tender No. 11(22)/132/24-25/Pur Bid Type Two Bid
Email for sending PBC related queries, if applicable Pre bid meeting will be held on 21.06.2024 at
11.00 AM through online mode. Interested bidders
may send their pre bid queries and their request
for getting link to join online pre bid meeting on e-
mail id niteshgoyal.crri@nic.in
Bid Security/ EMD (As per 1.15 of ITB) Bid Securing Declaration
S.N. Item Description& Quantity
01 Mobile Bridge inspection Unit (MBIU) – 01No.

2 Interested Bidders may obtain further information from the CPP Portal (https://etenders.gov.in/eprocure/app. Tender
documents may also be downloaded from our website https://crridom.gov.in/tenders free of cost.
3 The bids must be submitted online only as per dates/times mentioned on the CPP Portal. For processing convenience,
a HARD COPY of the TECHNICAL BID ONLY including brochures/technical literature etc. should be sent through post.
For the purpose of evaluation, BID SUBMITTED ONLINE ONLYON CPP PORTAL WILL BE USED.
4 Bids will be opened online on the specified date and time. There is no need to visit purchaser’s premises to attend bid
opening. If the bids cannot be opened on due date/time due to any technical or administrative issues
(network/connectivity issues, holidays etc.) these will be opened as soon as the issue is resolved or next working day
as the case maybe. Bids submitted online on CPP portal are safe, secure, and confidential and can be seen only after
opening following the due process.
5 Purchaser follows Govt. of India’s public procurement policies

Important Note for MSEs / Start Up India / Make In India/ DPIIT Policy Bidders
• Although provisions related to Government’s public procurement purchase preference policy are stated in the tender document
under relevant clauses, any bidder seeking exemptions / benefits / preferences under MSEs / Start Up India / Make in India /
DPIIT, Ministry of Commerce and Industry policy or any other policy / scheme of the Government of India, which is currently in
force MUST at the time of bidding itself declare its bidding status and the benefit/preference sought under the relevant policy of
the Government and enclose all related documents / certificates etc. for claiming such benefits. The bidder must also clearly
highlight the provisions of the policy with respect to the benefit/preference being sought by it for which it meets the eligibility
conditions.
• IF THE BIDDER FAILS TO DECLARE ITS STATUS AND/OR FAILS TO CLAIM THE POLCIY BENEFIT/PREFERENCE / EXEMPTION ETC.
AND/OR FAIL TO SUBMIT NECESSARY DOCUMENTS/CERTIFICATES IN SUPPORT OF ITS CALIM AT THE TIME OF BIDDING ITSEL, ITS
CLAIM SHALL NOT BE ENTERTAINED AT A LATER STAGE IN THE BIDDING PROCESS AND NO OPPORTUNITY SHALL BE PROVIDED
TO IT TO SUBMIT ANY DOCUMENT / CERTIFICATE IN SUPPORT OF ITS CLAIM AS IT VITIATES THE TENDERING PROCESS.
• Prospective bidders are advised to go through the original policy documents issued by concerned Ministry / Department.
However a brief overview of the main tendering related provisions of various policies is provided in Annexure VI of this bid
document.

6 The Director, CSIR-CRRI, New Delhi reserves the right to accept or reject any bids or accept all tenders either in part or
in full or to split the order, or to annul the bidding process without assigning any reason.

• NOTE: 1. If you come across any trade names, make, proprietary or trademark term (any manufacturer/vendor specific) or other
similar requirements in our technical specifications, you may quote for equivalent (will need to elaborate) specifications/terms. If
you find that specifications are locked in favour of any one particular firm or if you come across any restrictive clauses etc. please
inform immediately ONLY THROUGH CPP PORTAL within the stipulated query time. We will not entertain or answer telephonic/
email queries. Similarly representations sent after the bid submission deadlines shall not be entertained.
• 2. All bidders are requested to follow each and every instruction as given in bidding documents under clause no. 1.4 to
1.4.2mandatorilyfailingwhichthebidwillbetreatedasnonresponsiveanddisqualifiedwithoutassigninganyreason.

Yours sincerely,

Sd/-
Sr. Controller (Stores & Purchase)
INDEX

Chapter Content
1 Instructions to Bidders (ITB)
2 Conditions of Contract
3 Schedule of Requirement
4 Specifications and Allied Technical Details
5 Price Schedule Forms
6 Qualification Requirements
7 Other Forms / Annexure

CRITICAL DATE SHEET

Sl. No. Stage Date & Time


1. Publish Date & Time
2. Clarification Start Date • AS PER DETAILS PROVIDED ON CPP PORTAL
3. Clarification End Date • SPECIFICATIONS/TERMS MAY BE CHANGED AFTER PBC (IF
4. Pre-Bid Conference, if any APPLICABLE) OR IN RESPONSE TO PORTAL QUERIES AND A
5. Bid Submission Start Date & time CORRIGENDUM SHALL BE ISSUD TO THAT EFFECT
6. Bid Submission End Date & Time
7. Bid Opening Date & Time

TENTATIVE TIME SCHEDULE OF PROCUREMENT PLANNING

Sl. No. Stage Tentative Time Frame

1. Date of Completion of Bid Evaluation Within 60 days after bid opening

2. Date of communication of Rejection of Bids Within 10-20 days after bid evaluation

3. Date of disposal of representation/contest, if any Within 10-20 days of representation

4. Notification of Award Within 120 days after bid opening

ADDRESS TO SEND ‘HARD COPY’ OF TECHNICAL BID & EMD INSTRUMENT (DD / TDR ETC. WHEREVER REQUIRED)

SR. CONTROLLER (STORES &PURCHASE)


CSIR – CENTRAL ROADS RESEARCH INSTITUTE (CRRI)
MATHURA ROAD, NEW DELHI - 110025
CHAPTER – 1: INSTRUCTIONS TO BIDDERS (ITB)
Table of Contents
Sl. No. Contents
A. Introduction
1.1 Eligible Bidders
1.2 Cost of Bidding
1.3 Code of Integrity for Public Procurement
B. The Bidding Documents
1.4 Content of tender Documents
1.5 Clarification of tender documents
1.6 Amendment of Tender Documents & Pre-Bid Conference (PBC)
C. Preparation of Bids
1.7 Language of Bid
1.8 Purchase Preference Policies
1.9 Documents Comprising the Bid
1.10 Bid form and price schedule
1.11 Bid Prices
1.12 Bid Currencies
1.13 Documents Establishing Bidder’s Eligibility and Qualifications
1.14 Documents Establishing Goods’ Eligibility and Conformity to Bid Documents
1.15 Bid Security (BS) / Earnest Money Deposit (EMD)
1.16 Period of Validity of Bids
1.17 Format and Signing of Bid
D. Submission Bids
1.18 Submissionof Bids
1.19 Deadline for Submission of Bids
1.20 Withdrawal, substitution and Modification of Bids
E. Opening and Evaluation of Bids
1.21 Opening of Bids by the Purchaser
1.22 Confidentiality
1.23 Clarification of Bids
1.24 Preliminary Examination
1.25 Responsiveness of Bids
1.26 Bidders right to question rejection
1.27 Non-Conformity, Error and Omission
1.28 Examination of Terms & Conditions, Technical Evaluation
1.29 Conversion to Single Currency
1.30 Evaluation and Comparison of bids
1.31 Contacting the Purchaser
1.32 Post qualification
F. Award of Contract
1.33 Negotiations
1.34 Award Criteria
1.35 Option Clause
1.36 Purchaser’s right to vary Quantities at Time of Award
1.37 Purchaser’s right to accept any Bid and to reject any or allBids
1.38 Notification of Award
1.39 Issue of Purchase Order / Signing of Contract
1.40 Order Acceptance
1.41 Performance Security
A. Introduction

1.1. Eligible Bidders

1.1.1 This NIT is open to all suppliers subject to Para5 of the NIT.
1.1.2 Asupplier or bidder shall be considered to be from a country if
i) the entity is incorporated in that country, or
ii) a majority of its shareholding or effective control of the entity is exercised from that country; or
iii) more that 50% of the value of the item being supplied has been added in that country. Indian suppliers
shall mean those entities which meet any of these tests with respect to India.
1.1.3 MSEs would be treated as owned by Scheduled Caste/Schedule Tribe enterprises as under:
i) IncaseofproprietaryMSE,proprietor(s)shallbeSC/ST.
ii) IncaseofpartnershipMSE,theSC/STpartnersshallbeholding atleast51% (fifty-one percent) shares in the unit.
iii) IncaseofPrivateLimitedCompanies,atleast51%(fifty-onepercent)shareshall be held by SC/ST promoters
1.1.4 MSEs owned by women shall also be determined as per the above analogy/criteria.
1.1.5 Bidders should not be associated, or have been associated in the past, directly or indirectly, with a firm or any
of its affiliates which have been engaged by the Purchaser to provide consulting services for the preparation
of the design, specifications, and other documents to be used for the procurement of the goods to be
purchased under this Invitation of Bids.
1.1.6 Bids from Joint Ventures, Consortium or Associations so long as they are formed and registered prior to the
bid submission date.
1.1.7 The bidders who have been temporarily suspended or removed from the list of registered suppliers by the
purchaser or banned from Ministry/country wide procurement shall be ineligible for participation in the
bidding process.

1.2 Cost of Bidding

1.2.1 The Bidder shall bear all costs associated with the preparation and submission of its bid, and “the Purchaser",
will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding
process.

1.3 Code of Integrity

1.3.1 The bidders/suppliers should sign a declaration about abiding by the Code of Integrity for Public Procurement
in bid documents. In case of any transgression of this code, the bidder is not only liable to be removed from
the list of registered suppliers, but it would be liable for other punitive actions such as cancellation of
contracts, banning and blacklisting or action in Competition Commission of India, and so on.
1.3.2 Code of integrity for Public Procurement:
The Purchaser as well as bidders, suppliers, contractors and consultants should observe the highest standard
of ethics and should not indulge in the following prohibited practices, either directly or indirectly, at any stage
during the procurement process or during execution of resultant contracts:
i) “Corrupt practice”: making offers, solicitation or acceptance of bribe, rewards or gifts or any material
benefit, in exchange for an unfair advantage in the procurement process or to otherwise influence the
procurement process or contract execution;
ii) “Fraudulent practice”: any omission or misrepresentation that may mislead or attempt to mislead so
that financial or other benefits may be obtained or an obligation avoided. This includes making false
declaration or providing false information for participation in a tender process or to secure a contract or
in execution of the contract;
iii) “Anti-competitive practice”: any collusion, bid rigging or anti-competitive arrangement, or any other
practice coming under the purview of the Competition Act, 2002, between two or more bidders, with or
without the knowledge of the purchaser, that may impair the transparency, fairness and the progress of
the procurement process or to establish bid prices at artificial, non-competitive levels;
iv) “Coercive practice”: harming or threatening to harm, persons or their property to influence their
participation in the procurement process or affect the execution of a contract;
v) “Conflict of interest”: participation by a bidding firm or any of its affiliates that are either involved in the
consultancy contract to which this procurement is linked; or if they are part of more than one bid in the
procurement; or if the bidding firm or their personnel have relationships or financial or business
transactions with any official of purchaser who are directly or indirectly related to tender or execution
process of contract; or improper use of information obtained by the (prospective) bidder from the
purchaser with an intent to gain unfair advantage in the procurement process or for personal gain; and
vi) “Obstructive practice”: materially impede the purchaser’s investigation into allegations of one or more
of the above mentioned prohibited practices either by deliberately destroying, falsifying, altering; or by
concealing of evidence material to the investigation; or by making false statements to investigators
and/or by threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of
matters relevant to the investigation or from pursuing the investigation; or by impeding the purchaser’s
Entity’s rights of audit or access to information;
1.3.3 Obligations for Proactive disclosures
i) The Purchaser as well as bidders, suppliers, contractors and consultants, are obliged under Code of
Integrity for Public Procurement to suo-moto proactively declare any conflicts of interest (coming under
the definition mentioned above – pre-existing or as and as soon as these arise at any stage) in any
procurement process or execution of contract. Failure to do so would amount to violation of this code of
integrity; and
ii) The bidder must declare, whether asked or not in a bid document, any previous transgressions of such a
code of integrity with any entity in any country during the last three years or of being debarred by any
other Procuring Entity. Failure to do so would amount to violation of this code of integrity;
iii) To encourage voluntary disclosures, such declarations would not mean automatic disqualification for
the bidder making such declarations. The declared conflict of interest would be evaluated and mitigation
steps, if possible, taken by the purchaser. Similarly, voluntary reporting of previous transgressions of
Code of Integrity elsewhere may be evaluated and barring cases of various grades of debarment, an
alert watch may be kept on the bidder’s actions in the tender and subsequent contract.
1.3.4 Punitive Provisions
Without prejudice to and in addition to the rights of the Purchaser to other penal provisions as per the bid
documents or contract, if the Purchaser comes to a conclusion that a (prospective) bidder/supplier, directly or
through an agent, has violated this code of integrity in competing for the contract or in executing a contract,
the purchaser may take appropriate measures including one or more of the following:
i) If his bids are under consideration in any procurement
a. Forfeiture or encashment of bid security;
b. Calling off of any pre-contract negotiations; and
c. Rejection and exclusion of the bidder from the procurement process.
ii) If a contract has already been awarded
a. Cancellation of the relevant contract and recovery of compensation for loss incurred by the
purchaser;
b. Forfeiture or encashment of any other security or bond relating to the procurement;
c. Recovery of payments including advance payments, if any, made by the purchaser along with interest
thereon at the prevailing rate.
iii) Provisions in addition to above:
a. Removal from the list of registered suppliers and banning/debarment of the bidder from participation
in future procurements of the purchaser for a period not less than one year;
b. In case of anti-competitive practices, information for further processing may be filed under a
signature of the Joint Secretary level officer, with the Competition Commission of India;
c. Initiation of suitable disciplinary or criminal proceedings against any individual or staff found
responsible.
B.The Bidding Documents

1.4 Content of Tender Documents

1.4.1 The goods required, bidding procedures and contract terms are prescribed in the bidding documents which
should be read in conjunction. The bidding documents, apart from the NIT and Critical Date Sheet have been
divided into 7Chapters as under:
Chapter-1: Instructions to Bidder (ITB)
Chapter-2: General Conditions of Contract (GCC) and Special Condition ofContract (SCC)
Chapter -3: Schedule of Requirements
Chapter -4: Specifications and Allied Technical Details
Chapter -5: Price Schedule Forms
Chapter -6: Qualification requirements
Chapter -7: Other Standard Forms/ Annexure comprising:
(01)Multi Form
(02)Manufacturer’s Authorization Form (MAF)
(03)Bid Securing Declaration (BSD)
(04)Performance Statement form cum Service Support details
(05)Deviation Statement Form
(06)Local Content Declaration Form
(07)Govt. Policies Snapshot Annexure

1.4.2 The Bidder is expected to examine all instructions, forms, terms, and specifications in the bidding documents.
Failure to furnish all information required by the bidding documents or submission of a bid not substantially
responsive to the bidding documents in every respect will be at the Bidder's risk and may result in rejection of
its bid.

1.5 Clarification of tender documents


1.5.1 A prospective Bidder requiring any clarification shall do so through CPP portal only. ONLY QUERIES RAISED
ONLINE ON THE CPP PORTAL SHALL BE ANSWERED AS REPLIES CAN BE SEEN BY ALL PROSPECTIVE BIDDERS.
TELEPHONIC OR EMAIL QUERIES SENT TO THE OFFICE SHALL NOT BE ENTERTAINED/ ANSWERED. If Pre-Bid
Conference has been kept for this tender, then queries related to PBC participation shall be accepted on the
email address provided for this purpose in the NIT. No request for clarification or query shall be entertained
after the online/PBC (if any) deadline. Should the Purchaser deem it necessary to amend the Tender
Documents as a result of a clarification, it shall do so following the procedure under Clause relating to
amendment of Tender Documents and Clause relating to Deadline for Submission of Bids.
1.5.2 Wherever PBC is held, the answers to queries, clarifications and amendments issued would also be hosted on
the website of the Purchaser for the benefit of the other prospective bidders.NO SEPARATE CORRIGENDUM
SHALL BE PUBLISHED IN THE NEWSPAPERS EVEN IF THE INITIAL NIT WAS PUBLISHED IN THE NEWSPAPERS.
1.5.3 For any technical queries/issues related to online bid submission, bidders must directly approach support
service of CPP portal as per the details given on the website itself.

1.6 Amendment of Tender Documents& Pre-Bid Conference (PBC)

1.6.1 At any time prior to the deadline for submission of bids, the Purchaser may, for any reason, whether at its
own initiative or in response to a clarification requested by a prospective bidder at the time of PBC (if held) or
otherwise, modify the Bid Document by amendment. Such amendments shall form an integral part of bid
documents and it shall amount to an amendment of relevant clauses of the Bid Document. All clarifications /
amendments / corrigendum are automatically available / conveyed to interested bidders on CPP portal only.
NO SEPARATE CORRIGENDUM SHALL BE PUBLISHED IN THE NEWSPAPERS. Prospective bidders are expected
to regularly check the CPP portal before submitting their bids to take cognizance of the amendments.
1.6.2 A Pre-bid Conference (PBC) shall be held onlyif mentioned in NIT. All prospective bidders are requested to
kindly attend the Pre-bid Conference. Please inform your intention to participate by sending email to address
given in NIT and also putyour queries / questions on the portal before the date of PBC to help us keep the
response ready. In case of multiple items tender, PBC for any particular item may be held in a random order.
Firms willing to attend must be present at the appointed hours on the day of PBC.The purchaser shall answer
the queries during the pre-bid conference, which would become a part of the proceedings of the Pre-bid
Conference.PBC can be held online or hybrid mode and a link will be shared with interested bidders.
1.6.3 If a bidis submitted without taking into account these amendments/clarifications (issued online), it will be
treated as non-responsive and rejected summarily.
1.6.4 In order to allow prospective bidders’ reasonable time in which to take the amendment into account in
preparing their bids, the Purchaser, at its discretion, may extend the deadline for the submission of bids and
host the changes on the CPP and website of the Purchaser.
C. PREPARATION OF BIDS

The Bidders are requested to kindly go through the Instructions to Bidder also for Online Bid Submission before
Preparation and Submission of Bid. The Document is available on the etenders Portal
atwww.etenders.gov.in>Downloads(available on Left Panel)> Instructions To Bidder for Online Bid Submission
1.7 Language of Bid

1.7.1 The bid prepared by the Bidder, as well as all correspondence and documents relating to the bid exchanged
by the Bidder and the Purchaser, shall be written in English language only especially when the details are
technical.
1.7.2 The Supplier shall bear all costs of translation, if any, to the English language and bear all risks of the accuracy
of such translation, for documents provided by the Supplier.

1.8 Purchase Preference Policies


1.8.1 The purchaser intends to give product reservation/purchase preference/price preference in line with current
Govt. of India procurement policies to help inclusive national economic growth by providing long term
support to Small and Medium enterprises (SMEs) and disadvantaged sections of the society and to address
environmental concerns along with preferential market access in govt. procurements.

1.8.2 For the above purpose, local supplier means a supplier or service provider whose product or service offered
for procurement meets the minimum local content as prescribed in DIPP Order No.P-45021/2/2017-PP (BE-II)
dated 28th May, 2018 or by the competent Ministries/Departments in pursuance of this order and local
content means the amount of value added in India which shall, unless otherwise prescribed by the Nodal
Ministry, be the total value of the items procured (excluding net domestic indirect taxes) minus the value of
imported content in the item (including all customs duties) as a proportion of the total value, in percent. Any
subsequent amendments/ orders issued by DIPP or Competent Ministries/Departments will also be
applicable.

1.9. Documents Comprising the Bid

1.9.1 Bidder shall enclose following documents in Technical Bid / Price Bid Folders on the CPP portal (IN SINGLE OR
TWO FOLDERS AS THE CASE MAY BE)

i) Technical Bid(BID WILL BE REJECTED AS NON RESPONSIVE/ INCOMPLETE FOR NOT SUBMITTING)
a. Proposal document with technical and non-price commercial details
b. Multi Form
c. Bid security as specified in the NIT(Read NIT page of this document for mode of submission)
d. Performance Statement cum Service Support Details Form
e. Deviation Statement Form
f. MAF along with a certified copy of the Agency Agreement between the bidders and the Indian Agent
wherever required
g. Schedule of requirements
h. Self-certification and documents to avail the benefits as required under the Make in India policy, if
applicable
i. Documentary evidence about the status of the bidder i.e. whether MSE or not, owned by SC/ST or not
and whether the MSE is owned by a women entrepreneur or not, if applicable
j. Valid Registration Certificate for Bidders as per order no. P-45021/112/2020-PP(BE-II)(E-43780) dated
24.08.2020, if applicable
k. Any other relevant documents in support of bidder’s eligibility
ii) Price Bid
a. Bid form
b. Applicable Price Schedule Form
BIDDER CAN COMBINE MULTIPLE DOCUMENTS IN A SINGLE PDF FILE FOR ONLINE SUBMISSION OR ATTACH
AS PER INSTRUCTIONS PROVIDED ONLINE. IN CASE OF SINGLE BID CASES, REQUISITE DOCUMENTS ARE
NEEDED TO BE ATTACHED IN THE SINGLE FOLDER ONLY ON CPP PORTAL
1.10 Bid form and price schedule

1.10.1 The bidder shall complete the Bid Form and note that they should necessarily submit their financial bids in the
format provided on CPP portal. If the BoQ file is found to be modified by the bidder, the bid will be rejected.
For technical issues related to BoQ etc., bidder may directly contact CPP portal support service.

1.11 Bid Prices

1.11.1 The Bidder shall indicate on the appropriate price schedule form, the unit prices and total bid prices of the
goods it proposes to supply under the contract.
1.11.2 Prices breakup shall be as given in theBoQXLS sheet given on the CPP portal.
1.11.3 BoQ XLS sheetof the Price Bid Folder will automatically calculate the Total Bid Price. The bidders are advised
to check for this Final bid price before submission as the Bid is to be evaluated on this price only.
1.11.4 The price quoted shall remain fixed during the contract period and shall not vary on any account
1.11.5 All lots and items must be listed and priced separately in the BoQ. Bidders should note that BoQ will not allow
to quote zero (NIL) value as unit Rate for any item listed in the BoQ unless the BoQ is Item-wise.
1.11.6 The Purchaser is registered with Dept. of Scientific & Industrial Research, Govt. of India and concessional
customs duty are applicable vide notification no. 54/2002-Customs on all imports covered under notification
No.51/96-Customs dated 23.07.1996. IF BIDDER REQUIRES PURCHASER TO ISSUE CUSTOMS DUTY
CERTIFICATE FOR THE PURPOSE OF AVAILING THE BENEFIT OF CONCESSIONAL CUSTOMS DUTY, IT MUST BE
CLEARLY STATED IN THE BID OFFER ONLY.
Note: All payments due under the contract shall be paid after deduction of statutory levies at source (like TDS etc.),
wherever applicable.

1.12 Bid Currencies

1.12.1 Prices shall be quoted only in Indian Rupees for this bid.

1.13 Documents Establishing Bidder’s Eligibility and qualifications

1.13.1 The bidder shall furnish, as part of its bid, documents establishing the bidders’ eligibility to bid and its
qualification to perform the contract if its bid is accepted.
1.13.2 The documentary evidence of the bidder’s qualification to perform the contract if the bid is accepted shall
establish to the purchaser’s satisfaction that;
i) The bidder meets the qualification criteria listed in bidding documents if any.
ii) Bidder who doesn’t manufacture the goods it offers to supply shall submit Manufacturers’ Authorization
Form (MAF) using the form specified in the bidding document to demonstrate that it has been duly
authorized by the manufacturer of the goods to quote and/or supply the goods.
iii) In case a bidder not doing business within India, it shall furnish the certificate to the effect that the
bidder is or will be represented by an agent in India equipped and able to carry out the supply,
maintenance, repair obligations etc. during the warranty and post warranty period or ensure a
mechanism at place for carrying out the supply, maintenance, repair obligations etc. during the
warranty and post-warranty period.
1.13.3 Conditional tenders shall not be accepted and shall be rejected summarily as non-responsive.

1.14 Documents Establishing Goods' Eligibility and Conformity to BiddingDocuments

1.14.1 To establish the goods’ eligibility, the documentary evidence of the goods and services eligibility shall consist
of a statement on the country of origin of the goods and services offered which shall be confirmed by a
certificate of origin at the time of shipment.
1.14.2 To establish the conformity of the goods and services to the specifications and schedule of requirements of
the bidding document, the documentary evidence of conformity of the goods and services to the bidding
documents may be in the form of literature, drawings and data, and shall consist of:
i) A detailed description of the essential technical and performancecharacteristics of the goods;
ii) A list giving full particulars, including available sources and current prices, of spare parts, special tools,
etc., necessary for the proper and continuing functioning of the goods during the warranty period
following commencement of the use of the goods by the Purchaser in the Priced-bid; and
iii) An item-by-item commentary on the Purchaser's Technical Specifications demonstrating substantial
responsiveness of the goods and services to those specifications or a statement of deviations and
exceptions to the provisions of the Technical Specifications.
1.14.3 For purposes of the commentary to be furnished pursuant to above, the Bidder shall note that standards for
workmanship, material and equipment, designated by the Purchaser in its Technical Specifications are
intended to be descriptive only and not restrictive. The Bidder may substitute these in its bid, provided that it
demonstrates to the Purchaser's satisfaction that the substitutions ensure substantial equivalence to those
designated in the Technical Specifications.
1.14.4 Bids with offers for alternate/makes/modelsin deviation to bid specifications will not be accepted.

1.15. Bid Security (BS) / Earnest Money Deposit (EMD)

1.15.1 The Bidder shall furnish, as part of its bid, a bid security (BS) for an amount as specified in the NIT. The BS shall
be submitted by the manufacturer or their specifically authorized dealer/bidder.
1.15.2 The bid security is required to protect the Purchaser against the risk of Bidder's conduct, which would warrant
the security's forfeiture.
1.15.3 The bid security shall be in Indian Rupees and can be in one of the following forms at the bidders’ option:
i) A bank guarantee issued by a Scheduled Commercial Bank in India in the form provided in the bidding
documents and valid for 45 days beyond the validity of the bid. or
ii) Fixed Deposit receipt / TDR pledged in favour of the Director, CSIR – CRRI, New Delhi
iii) Bid Securing Declaration(ONLY if it is mentioned as a form of Bid Security in the NIT)
iv) Scanned copy of BSinstrument shall be uploaded with the bid. Original Bid Security instrument
(DD/BG/TDR etc.) should reach at the address mentioned given by post / courier / by hand by the time
of tender opening.
v) In case of exemption of EMD, the scanned copy of the document in support of exemption will have to be
uploaded by the bidder during bid submission
1.15.4 The bid security shall be payable promptly upon written demand by the purchaser in case the conditions listed
in the ITB clause 1.14.9 are invoked.
1.15.5 The bid security of unsuccessful bidder will be discharged /returned as promptly as possible positively within a
period of 30 days after the expiration of the period of bid validity or placement of order whichever is later,
without any interest.
1.15.6 The successful Bidder's bid security will be discharged upon the Bidder furnishing the performance security,
without any interest.
1.15.7 Bidders that are currently registered with the purchaser or registered as SMEs will continue to remain
registered during the tender validity period also and are exempted from payment of EMD. In case the
tendered falls in these categories, the bidder should furnish a certified copy of its valid registration details.
Except for SMEs, this exemption is valid for the trade group and monetary value of registration only. The SMEs
are exempted from the payment of Bid Security provided the goods are produced and the services are
rendered by them and not for any trading activities undertaken by them.
1.15.8 Where any aggregator has been appointed by the Ministry of MSME, themselves quote on behalf of some
MSE units, such offers will be considered as offer from MSE units and all such facilities would be extended to
these aggregators also.
1.15.9 The bid security may be forfeited:
i) If a Bidder withdraws or amends or modifies or impairs or derogates its bid during the period of bid
validity specified by the Bidder on the Bid Form; or
ii) If the successful Bidder fails to furnish order acceptance within 14 days of the order and/or fails to
furnish Performance Security (wherever applicable) within 21 days from the date of order.
iii) Similarly action for violation of the terms as mentioned in BSD (in lieu of EMD) will be taken.

1.16 Period of Validity of Bids

1.16.1 Bids shall remain valid for period mentioned online on CPP portal after the date of bid opening prescribed by
the Purchaser. A bid valid for a shorter period than that shall be rejected by the Purchaser as non-
responsive.Qualifying period of bid validity is 90 days but bidder may opt to provide higher bid validity (like
120 days) for convenience in case of processing delays.
1.16.2 The Purchaser may also solicit the Bidder's consent to an extension of the period of validity. The request and
the responses thereto shall be made in writing (letter or e-mail). The bid security provided shall also be
suitably extended. A Bidder may refuse the request without forfeiting its bid security. A Bidder granting the
request will not be required nor permitted to modify its bid.
1.16.3 Bid evaluation will be based on the bid prices without taking into consideration the above corrections.

1.17 Format and Signing of Bid

1.17.1 Bids submitted online are digitally signed.Any interlineations, erasures or overwriting on scanned copies of
online bids shall be valid only if they are initialed by the persons or persons signing the bid.

D. Submission of Online Bids

The Bidders are advised to go through the Instructions To Bidder also for Online Bid Submission before Preparation
and Submission of Bid. The Document is available on the etenders Portal atwww.etenders.gov.in>
Downloads(available on Left Panel)> Instructions To Bidder for Online Bid Submission
Please note that purchaser neither operates nor manages the CPP portal where online bids are submitted and
therefore will not be responsible for any technical issues related to bid submission (like bidder not being able to
upload bid, blank/missing/ part documents etc.). Wherever bid is incomplete on account of these, it will be treated
as such and evaluated further. For any technical queries/issues related to online bid submission, bidders must
directly approach support service of CPP portal as per the details given on the website itself.
1.18 Online Submission

1.18.1 Bids shall be submitted online only at CPPportal: https://etenders.gov.in/eprocure/app either in Single Bid or
Two Bid format as per the instructions hosted on the portal itself.
1.18.2 For processing convenience, a HARD COPY of the TECHNICAL BID ONLY including brochures/technical
literature etc. should be sent through post. For the purpose of evaluation,BID SUBMITTED ONLINE ONLY WILL
BE USED.Please note that receipt of Hard Copy of the bid at our end will not be proof of having submitted the
bid and hard copy will not be considered if online bid is not submitted or found faulty for any technical
reasons of the CPP portal. IN CASE OF ANY VARIATION IN THE HARD COPY BID AND THE ONLINE BID
DATA/DETAILS/SPECIFICATIONS, ONLY ONLINE DATA/DETAILS/SPECIFICATIONS WILL BE CONSIDERED.

1.19 Deadline for Submission of Bids


1.19.1 As per dates/time given on CPP portal. Please note that requests for extension of date/time will not be
normally entertained.
1.19.2 The Purchaser may, at its discretion, extend the deadline for submission of bids by amending the bid
documents in accordance with Clause relating to Amendment of Bidding Documents in which case all rights
and obligations of the Purchaser and Bidders previously subject to the deadline will thereafter be subject to
the deadline as extended.

1.20 Withdrawal, substitution and Modification of Bids


1.20.1 As per CPP portal

E. Opening and Evaluation of Bids

1.21 Opening of Bids by the Purchaser

1.21.1 Bids will be opened online on the specified date and time. There is no need to visit purchaser’s premises to
attend bid opening. If the bids cannot be opened on due date/time due to any technical or administrative
issues (network/connectivity issues, holidays etc.) these will be opened as soon as the issue is resolved or next
working day as the case maybe. Bids submitted online on CPP portal are safe, secure, and confidential and
details can be seen only by the purchaser and bidders after opening following the due process. In two-part
bidding, the financial bid shall be opened only after technical evaluation.

1.22 Confidentiality

1.22.1 Information relating to the examination, evaluation, comparison, and post qualification of bids, and
recommendation of contract award, shall not be disclosed to bidders or any other persons not officially
concerned with such process (subject to meeting of CPP portal requirements) until publication of the Contract
Award.
1.22.2 Any effort by a Bidder to influence the Purchaser in the examination, evaluation, comparison, and post
qualification of the bids or contract award decisions may result in the rejection of its Bid.

1.23 Clarification of Bids

1.23.1 To assist in the examination, evaluation, comparison and post qualification of the bids, the Purchaser may, at
its discretion, ask the Bidder for a clarification of its bid. The request for clarification and the response shall be
in writing and no change in prices or substance of the bid shall be sought, offered or permitted. However, no
negotiation shall be held except with the lowest bidder, at the discretion of the purchaser. Any clarification
submitted by a bidder in respect to its bid which is not in response to a request by the purchaser shall not be
considered.

1.24. Preliminary Examination

1.24.1 The Purchaser shall examine the bids to confirm that all documents and technical documentation requested
in ITB Clause 1.9 have been provided, and to determine the completeness of each document submitted.
1.24.2 The Purchaser shall confirm that requisite documents and information have been provided in the Bid. If any of
these documents or information is missing, the offer shall be rejected as non-responsive.Bids will first be
scrutinized to see whether the tenders meet the basic requirements as incorporated in the tender enquiry
document. The tenders, who do not meet the basic requirements, are to be treated as unresponsive and
ignored. The following are some of the important points, for which a tender may be declared as unresponsive
and to be ignored, during the initial scrutiny:
i) The Bidder is not eligible.
ii) The Bid validity is shorter than the required period.
iii) The Bidder has quoted goods manufactured by a different firm without proper MAF (as per 1.9.1 e).
iv) Bidder has not agreed to give the required performance security or has not furnished the bid security.
v) The bidder has quoted for part requirements/ items when a consolidated bid is sought for all items.
vi) The bidder has not agreed to some essential condition(s) incorporated in the tender enquiry.
vii) The bidder has failed to attach necessary documents, like its technical proposal (brochure/ literature
wherever available and, detailed commercial terms etc.) in the Technical Bid or Price Bid folders
1.24.2 In case a Bidder feels aggrieved by the decision of the purchaser, he may then send his representation in
writing to the Purchaser’s address as indicated in special conditions of contract (SCC) within 05 working days
from the date of communication of the purchaser intimating the rejection for reconsideration of the decision
by the purchaser.

1.25 Responsiveness of Bids

1.25.1 Prior to the detailed evaluation, the purchaser will determine the substantial responsiveness of each bid to
the bidding documents. Based on examination of documents required under Clause 1.9 and the requirement
under Clause 1.24 of this bid document, for purposes of this clause, a substantive responsive bid is one, which
conforms to all terms and condition of the bidding documents without material deviations, reservations or
omissions. A material deviation, reservation or omission is one that:
i) Affects in any substantial way the scope, quality, or performance of the Goods and Related Services
specified in the Contract; or
ii) Limits in any substantial way, inconsistent with the Bidding Documents, the Purchaser’s rights or the
Bidder’s obligations under the Contract; or
iii) If rectified, would unfairly affect the competitive position of other bidders presenting substantially
responsive bids.
1.25.2 The purchasers’ determination of a bid’s responsiveness is to be based on the contents of the bid itself without
recourse to extrinsic evidence.
1.25.3 If a bid is not substantially responsive, it will be rejected by the Purchaser and may not subsequently be made
responsive by the Bidder by correction of the material deviation, reservation or omission.
1.25.4 If a bidder quotes Nil Charges/consideration, the bid shall be treated as unresponsive and will not be
considered.
1.26 Bidder’s right to question rejection

1.26.1 A Bidder shall have the right to be heard in case he feels that a proper procurement process is not being
followed and/or his tender has been rejected wrongly. Only a directly affected bidder can represent in this
regard as under:
i) Only a bidder who has participated in the concerned procurement process i.e. pre- qualification, bidder
registration or bidding, as the case may be, can make such representation;
ii) In case pre-qualification bid has been evaluated before the bidding of Technical bids, an application for
review in relation to the technical bid may be filed only by a bidder who has qualified in pre-qualification
bid;
iii) In case technical bid has been evaluated before the opening of the financial bid, an application for
review in relation to the financial bid may be filed only by a bidder whose technical bid is found to be
acceptable.
iv) Following decisions of the purchaser in accordance with the provision of internal guidelines shall not be
subject to review:
a. Determination of the need for procurement;
b. Selection of the mode of procurement or bidding system;
c. Choice of selection procedure;
d. Provisions limiting participation of bidders in the procurement process;
e. The decision to enter into negotiations with the L1 bidder;
f. Cancellation of the procurement process except where it is intended to subsequently re-tender the
same requirements;
g. Issues related to ambiguity in contract terms may not be taken up after a contract has been signed, all
such issues should be highlighted before consummation of the contract by the vendor/contractor;
and
h. Complaints against specifications except under the premise that they are either vague or too specific
so as to limit competition may be permissible.
1.26.2 In case a Bidder feels aggrieved by the decision of the purchaser, he may then send his representation within
05 working days from the date of communication of the purchaser intimating the rejection for
reconsideration of the decision by the purchaser.

1.27 Non-Conformity, Error and Omission

1.27.1 Provided that a Bid is substantially responsive, the Purchaser may waive any nonconformities or omissions in
the Bid that do not constitute a material deviation.
1.27.2 Provided that a bid is substantially responsive, the Purchaser may request that the Bidder submit the
necessary information or documentation, within a reasonable period of time, to rectify nonmaterial
nonconformities or omissions in the bid related to documentation requirements which were not essential as
per the tender document eligibility conditions. Such omission shall not be related to any aspect of the price of
the Bid. Failure of the Bidder to comply with the request may result in the rejection of its Bid.
1.27.3 Prices quoted in BoQ shall be the basis of evaluation.

1.28 Examination of Terms & Conditions, Technical Evaluation

1.28.1 The Purchaser shall examine the Bid to confirm that all terms and conditions specified in the GCC and the SCC
have been accepted by the Bidder without any material deviation or reservation.
1.28.2 The Purchaser shall evaluate the technical aspects of the Bid submitted in accordance with ITB Clause 1.13 &
1.14, to confirm that all requirements specified in Schedule of Requirements of the Bidding Documents have
been met without any material deviation or reservation.
1.28.3 Incomplete bids which does not fulfill our requirements and/or if any of the conditions are not complied with,
are liable for rejection. Please fill relevant forms to show compliance of item’s technical specifications, and
other requirements with your quoted offer. Please note that simply mentioning ‘comply’/’yes’/’meets
requirement’ / ‘better’ etc. would not suffice unless the specification/requirement is clearly stated in the
technical literature or other supporting documents submitted with the bid. However minor technical
informality not having appreciable bearing on the prices or performance may be ignored while technical
evaluation of the bid at the discretion of the purchaser.
1.28.4 If in the opinion of the purchaser, the bidder has provided a customized technical literature/brochure (which
appears to be a copy-paste of purchaser’s specifications) just to comply with the purchaser’s technical
requirement but may not actually have supplied same/similar item to any customer, it may seek more
information/clarification in this regard which may include but not limited to demonstration of same/similar
item or getting performance feedback from other clients based on which the final decision as regards to
bidders technical eligibility will be taken and communicated to it.
1.28.5 If, after the examination of the terms and conditions and the technical evaluation, the Purchaser determines
that the Bid is not substantially responsive, it shall reject the Bid.

1.29 Conversion to Single Currency

1.29.1 The bids for this tender are to be quoted in INR only.

1.30 Evaluation and comparison of bids

1.30.1 The Purchaser shall evaluate each bid that has been determined, up to this stage of the evaluation, to be
substantially responsive.
1.30.2 To evaluate a Bid, the Purchaser shall only use all the factors, methodologies and criteria defined below. No
other criteria or methodology shall be permitted.
1.30.3 Purchase preference shall be given to all local suppliers in all procurements undertaken by the purchaser in
the following manner:
i) Where the purchaser has restricted the eligibility of suppliers to Indian suppliers only, as per para 06 of
the invitation to bid/NIT. This is applicable only for those items for which the Nodal Ministry has
communicated that there is sufficient local capacity and local competition for the cost of procurement
up to Rs. 50.00 lakhs.
ii) If the tendered items are not listed by the Nodal Ministry indicating the local capacity and local
competition, the following procedure of evaluation shall be followed, irrespective of value:
a. Among all qualified bids, the lowest bid will be termed as L1. If L1 is from a local supplier, the
contract for full quantity will be awarded to L1.
b. If L1 bid is not from a local supplier, 50% of the order quantity shall be awarded to L1. Thereafter, the
lowest bidder among the local suppliers, will be invited to match the L1 price for the remaining 50%
quantity, subject to the local supplier 's quoted price which should fall within the margin of purchase
preference of 20%. The contract for that quantity shall be awarded to such local supplier, who
matches the L1 price. In case such lowest eligible local supplier fails to match the L1 price or accepts
less than the offered quantity, the next higher local supplier within the margin of purchase preference
shall be invited to match the L1 price for the remaining quantity and so on. The contract shall be
awarded accordingly. In case some quantity is still left uncovered on the part of local suppliers, the
balance quantity may also be ordered to the L1 bidder.
iii) If the tendered item is not divisible, the following procedure of evaluation shall be followed:
a. Among all qualified bids, the lowest bid will be termed as L1. If L1 is from a local supplier, the contract
will be awarded to L1.
b. If L1 is not from a local supplier, the lowest bidder among the local suppliers will be invited to match
the L1 price, subject to local supplier's quoted price falling within the margin of purchase preference
of 20%. Accordingly, the contract shall be awarded to the local supplier matching the L1 price.
c. In case such lowest eligible local supplier fails to match the L1 price, the local supplier with the next
higher bid within the margin of purchase preference shall be invited to match the L1 price. This may
be repeated until all the local suppliers are given an opportunity to match the L1 price. The contract
shall be awarded accordingly. In case none of the local suppliers within the margin of purchase
preference match the L1 price, the contract may be awarded to the L1 bidder.
1.30.4 Further, in tender, where the items are divisible, the participating Micro and Small Enterprises (MSE)
quoting price within price band of L1+15 (fifteen) per cent shall also be allowed to supply a portion of
requirement by bringing down their price to L1 price in a situation where L1 price is from someone other
than a MSE and such MSE shall be allowed to supply up to 25 (twenty five) per cent of total tendered
value. The 25 (twenty five) per cent quantity is to be distributed proportionately among these bidders, in
case there are more than one MSMEs within such price band.
1.30.5 Within this 25% (Twenty five Percent) quantity, a purchase preference of 25 (twenty five) per cent out of
25 (twenty five) per cent) is reserved for MSEs owned by Scheduled Caste (SC)/Scheduled Tribe (ST)
entrepreneurs (if they participate in the tender process and match the L1 price). Further, out of the total
annual procurement from the MSEs, (3%) three percent from within the 25% target shall be earmarked
for procurement from MSEs owned by women. Provided that, in the event of failure of such SC/ST MSE
to participate in tender process or meet tender requirements and L1 price, four per cent sub-target shall
be met from other MSE.
1.30.6 In case the items are not divisible, then the MSE quoting price within price band L1 + 15% may be
awarded for full/complete supply of total tendered quantity to MSE, considering the spirit of the policy
for enhancing the Government procurement from MSEs.
1.30.7 The bids shall be evaluated on the basis of final landing cost which shall be arrived as under (Automatically
calculated in online BoQ XLS sheet which may exclude one or more of the following components)
i) The price of the goods quoted ex-works including all taxes already paid.
ii) GST and other taxes, if any which will be payable on the goods if the contract is awarded.
iii) Charges for inland transportation, insurance and other local services required for delivering the goods at
the desired destination.
iv) Wherever applicable, the cost towards the installation, commissioning, spares, extended warranty,
AMC/CMC, site preparation and training including any incidental services, if any.
1.30.8 There is no provision to purchase optional items. The specifications embodied in the tender documents would
be the basis of evaluating the responsiveness of bids received.
1.30.9 Where multiple items are mentioned in the BOQ list, BIDDER MUST QUOTE for ALL ITEMS AS THE LOWEST BID
WILL BE DECIDED BASED ON OVERALL TOTAL VALUE OF ALL THE BOQ ITEMS AS THESE ARE REQUIRED TO BE
PURCHASED FROM SINGLE SUPPLIER TO ENSURE CONSISTENCY & COMPATIBILITY PARTICULARY IN CASE OF
CONSUMABLES, FABRICATION ITEMS, REPAIR ITEMS, SPARES, ITEMS REQUIRED AS PART OF SET ETC. Only
items of standalone equipment nature can be compared and bought on individual basis will be bought from
respective lowest bidder.
1.30.10The Purchaser shall compare all substantially responsive bids to determine the lowest valuated bid, in
accordance with ITB Clause 1.32.

1.31 Contacting the Purchaser

1.31.1 Subject to ITB Clause 1.26, no Bidder shall contact the Purchaser on any matter relating to its bid, from the
time of the bid opening to the time the Contract is awarded.
1.31.2 Any effort by a Bidder to influence the Purchaser in its decisions on bid evaluation, bid comparison or contract
award may result in rejection of the Bidder's bid.

1.32 Post qualification

1.32.1 In the absence of pre-qualification, the Purchaser will determine to its satisfaction whether the Bidder that is
selected as having submitted the lowest evaluated responsive bid is qualified to perform the contract
satisfactorily, in accordance with the criteria listed in ITB Clause 1.14.
1.32.2 The determination will take into account the eligibility criteria listed in the bidding documents and will be
based upon an examination of the documentary evidence of the Bidder’s qualifications submitted by the
Bidder, as well as such other information as the Purchaser deems necessary and appropriate.
1.32.3 An affirmative determination will be a prerequisite for award of the contract to the Bidder. A negative
determination will result in rejection of the Bidder’s bid.

F. AWARD OF CONTRACT

1.33 Negotiations

1.33.1 Normally, there shall not be any negotiation. Negotiations, if at all, shall be an exception and only in the case
of items with limited source of supply. Negotiations shall be held with the lowest evaluated responsive bidder.
Counter offers tantamount to negotiations and shall be treated at par with negotiations in the case of one
time purchases.

1.34 Award Criteria

1.34.1 Subject to ITB Clause 1.37, the Purchaser will award the contract to the successful Bidder whose bid has been
determined to be substantially responsive and has been determined to be the lowest evaluated bid, provided
further that the Bidder is determined to be qualified to perform the contract satisfactorily. The details of the
award would be hosted on the website of the Purchaser.

1.35 Option Clause

1.35.1 The Purchaser reserves the right to increase or decrease the quantity of the required goods up to 25% at any
time, till final delivery date (or the extended delivery date of the contract), by giving reasonable notice even
though the quantity ordered initially has been supplied in full before the last date of the delivery period (or
the extended delivery period)
1.36 Purchaser's right to vary Quantities at Time of Award

1.36.1 The Purchaser reserves the right at the time of Contract award to increase or decrease the quantity of goods
and services originally specified in the Schedule of Requirements to the extent of 25% without any change in
unit price or other terms and conditions.

1.37 Purchaser's right to accept Any Bid and to reject any or All Bids

1.37.1 The Purchaser reserves the right to accept or reject any bid, and to annul the bidding process and reject all
bids at any time prior to award of Contract, without thereby incurring any liability to the affected Bidder or
Bidders.

1.38 Notification of Award

1.38.1 Prior to the expiration of the period of bid validity, the Purchaser will notify the successful bidder in writing by
letter or by e mail that the bid has been accepted and a separate purchase order shall follow through post.
1.38.2 Until a formal contract is prepared and executed, the notification of award should constitute a binding
contract.
1.38.3 Upon the successful Bidder’s furnishing of the signed Contract Form and performance security, the Purchaser
will promptly notify each unsuccessful Bidder and will discharge its bid security.

1.39 Issue of Purchase Order/ Signing of Contract

1.39.1 Promptly after notification, the Purchaser shall issue the self-contained Purchase Orderto the successful
Bidder or detailed contract document for signature.

1.40 Order Acceptance

1.40.1 The successful bidder should submit Order acceptance within 14 days from the date of issue of order/signing
of contract, failing which it shall be presumed that the vendor is not interested and his bid security is liable to
be forfeited.
1.40.2 The order confirmation must be received within 14 days. However, the Purchaser has the powers to extend
the time frame for submission of order confirmation beyond the original date. Even after extension of time, if
the order confirmation is not received, the contract is liable to be cancelled provided that the purchaser, on
being satisfied that it is not a case of cartelization and the integrity of the procurement process has been
maintained, may, for cogent reasons, offer the next successful bidder an opportunity to match the financial
bid of the first successful bidder, and if the offer is accepted, award the contract to the next successful bidder
at the price bid of the first successful bidder.

1.41 Performance Security

1.41.1 Within 21 days of receipt of the notification of award/PO, the Supplier shall furnish performance security (PS)
in the amount specified in SCC, valid till 60 days after the warranty period.
1.41.2 The proceeds of the performance security shall be payable to the Purchaser as compensation for any loss
resulting from the Supplier's failure to complete its obligations under the Contract.
1.41.3 The Performance Security shall be denominated in Indian Rupees for the offers received for supplies within
India and denominated in the currency of the contract in the case of offers received for supply from foreign
countries or in equivalent Indian rupees in case the performance security is submitted by the Indian Agent.
1.41.4 In the case of imports, the PS may be submitted either by the principal or by the Indian agent and, in the case
of purchases from indigenous sources, the PS may be submitted by either the manufacturer or their
authorized dealer/bidder.
1.41.5 The Performance security shall be in one of the following forms:
i) A Bank guarantee or stand-by Letter of Credit issued by a Nationalized/ Scheduled bank
ii) A Banker’s cheque or Account Payee demand draft in favour of the purchaser. Or,
iii) A Fixed Deposit Receipt pledged in favour of the Purchaser.
1.41.6 The performance security will be discharged by the Purchaser and returned to the Supplier not later than 60
days following the date of completion of the Supplier's performance obligations, including any warranty
obligations, unless specified otherwise in SCC, without levy of any interest.
1.41.7 In the event of any contract amendment, the supplier shall, within 21 days of receipt of such amendment,
furnish the amendment to the performance security, rendering the same valid for the duration of the
contract, as amended for further period of 60 days thereafter.
1.41.8 The performance security must be received within 21 days. However, the Purchaser has the powers to extend
the time frame for submission of Performance Security (PS). Even after extension of time, if the PS is not
received, the contract is liable to be cancelled provided that the purchaser, on being satisfied that it is not a
case of cartelization and the integrity of the procurement process has been maintained, may, for cogent
reasons, offer the next successful bidder an opportunity to match the financial bid of the first successful
bidder, and if the offer is accepted, award the contract to the next successful bidder at the price bid of the
first successful bidder.
CHAPTER – 2: CONDITIONS OF CONTRACT
A GENERAL CONDITIONS OF CONTRACT (GCC)

Table of Contents
Sl. No. Clause
2.1 Definitions
2.2 Contract Documents
2.3 Code of Integrity
2.4 Joint Venture, Consortium or Association
2.5 Scope of Supply
2.6 Suppliers’ Responsibilities
2.7 Contract price
2.8 Copy Right
2.9 Application
2.10 Standards
2.11 Use of Contract Documents and Information
2.12 Patent Indemnity
2.13 Performance Security
2.14 Inspections and Tests
2.15 Packing
2.16 Delivery and Documents
2.17 Insurance
2.18 Transportation
2.19 Incidental Services
2.20 Spare Parts
2.21 Warranty
2.22 Terms of Payment
2.23 Change Orders and Contract Amendments
2.24 Assignment
2.25 Subcontracts
2.26 Extension of time
2.27 Liquidated Damages Clause
2.28 Termination for Default
2.29 Force Majeure
2.30 Termination for insolvency
2.31 Termination for Convenience
2.32 Settlement of Disputes
2.33 Governing Language
2.34 Applicable Law
2.35 Notice
2.36 Taxes and Duties
2.37 Right to use Defective Goods
2.38 Protection against Damage
2.39 Site preparation and installation
2.40 Import and Export Licenses
2.41 Risk Purchase Clause
2.42 Option Clause
2.43 Order Acceptance
GENERAL CONDITIONS OF CONTRACT (GCC)

2.1 Definitions
2.1.1 The following words and expressions shall have the meanings hereby assigned to
them:

(a) “Contract” means the Contract Agreement entered into between the Purchaser and the Supplier, together
with the Contract Documents referred to therein, including all attachments, appendices, and all documents
incorporated by reference therein.
(b) “Contract Documents” means the documents listed in the Contract Agreement, including any amendments
thereto.
(c) “Contract Price” means the price payable to the Supplier as specified in the Contract Agreement, subject to
such additions and adjustments thereto or deductions there from, as may be made pursuant to the Contract.
(d) “Day” means calendar day.
(e) “Completion” means the fulfillment of the Goods and related Services by the Supplier in accordance with the
terms and conditions set forth in the Contract.
(f) “GCC” means the General Conditions of Contract.
(g) “Goods” means all of the commodities, raw material, machinery and equipment, and/or other materials that
the Supplier is required to supply to the Purchaser under the Contract.
(h) “Related Services” means the services incidental to the supply of the goods, such as transportation, insurance,
installation, training and initial maintenance and other such obligations of the Supplier under the Contract.
(i) “SCC” means the Special Conditions of Contract.
(j) “Subcontractor” means any natural person, private or government entity, or a combination of the above, to
whom any part of the Goods to be supplied or execution of any part of the Related Services is subcontracted
by the Supplier.
(k) Supplier” means the natural person, private or government entity, or a combination of the above, whose bid
to perform the Contract has been accepted by the Purchaser and is named as such in the Contract
Agreement.
(l) The “Council” means the Council of Scientific & Industrial Research (CSIR), registered under the Societies
Registration Act, 1860 of the Govt. of India having its registered office at 2, Rafi Marg, New Delhi-110001,
India.
(m) The “Purchaser” means any of the constituent Laboratory/Institute of the Council situated at any designated
place in India as specified in SCC.
(n) “The final destination,” where applicable, means the place named in the SCC.

2.2 Contract Documents

2.2.1 Subject to the order of precedence set forth in the Contract Agreement, all documents forming the Contract
(and all parts thereof) are intended to be correlative, complementary, and mutually explanatory. The Contract
Agreement shall be read as a whole.

2.3 Code of Integrity

2.3.1 Without prejudice to and in addition to the rights of the Purchaser to other penal provisions as per the bid
documents or contract, if the Purchaser comes to a conclusion that a (prospective) bidder/supplier, directly or
through an agent, has violated this code of integrity in competing for the contract or in executing a contract,
the Purchaser may take appropriate measures including one or more of the following:
a) Cancellation of the relevant contract and recovery of compensation for loss incurred by the
purchaser;
b) Forfeiture or encashment of any other security or bond relating to the procurement;
c) Recovery of payments including advance payments, if any, made by the Purchaser along with interest
thereon at the prevailing rate.
a) Provisions in addition to above:
1) Removal from the list of registered suppliers and banning/debarment of the bidder from
participation in future procurements of the purchaser for a period not less than one year;
2) In case of anti-competitive practices, information for further processing may be filed under a
signature of the Joint Secretary level officer, with the Competition Commission of India;
3) Initiation of suitable disciplinary or criminal proceedings against any individual or staff found
responsible.

2.4 Joint Venture, Consortium or Association

2.4.1 If the Supplier is a joint venture, consortium, or association, all of the parties shall be jointly and severally
liable to the Purchaser for the fulfillment of the provisions of the Contract and shall designate one party to act
as a leader with authority to bind the joint venture, consortium, or association. The composition or the
constitution of the joint venture, consortium, or association shall not be altered without the prior consent of
the Purchaser.

2.5 Scope of Supply

2.5.1 The Goods and Related Services to be supplied shall be as specified in Chapter 4 i.e. Specifications and allied
technical details.

2.6 Suppliers’ Responsibilities

2.6.1 The Supplier shall supply all the Goods and Related Services included in the Scope of Supply in accordance
with Scope of Supply Clause of the GCC, and the Delivery and Completion Schedule, as per GCC Clause relating
to delivery and document.

2.7 Contract price

2.7.1 Prices charged by the Supplier for the Goods supplied and the Related Services performed under the Contract
shall not vary from the prices quoted by the Supplier in its bid.

2.8 Copy Right

2.8.1 The copyright in all drawings, documents, and other materials containing data and information furnished to
the Purchaser by the Supplier herein shall remain vested in the Supplier, or, if they are furnished to the
Purchaser directly or through the Supplier by any third party, including suppliers of materials, the copyright in
such materials shall remain vested in such third party.

2.9 Application

2.9.1 These General Conditions shall apply to the extent that they are not superseded by
provisions in other parts of the Contract.

2.10 Standards

2.10.1 The Goods supplied and services rendered under this Contract shall conform to the standards mentioned in
the Technical Specifications, and, when no applicable standard is mentioned, to the authoritative standard
appropriate to the Goods' country of origin and such standards shall be the latest issued by the concerned
institution.

2.11 Use of Contract Documents and Information

2.11.1 The Supplier shall not, without the Purchaser's prior written consent, disclose the Contract, or any provision
thereof, or any specification, plan, drawing, pattern, sample or information furnished by or on behalf of the
Purchaser in connection therewith, to any person other than a person employed by the Supplier in
performance of the Contract. Disclosure to any such employed person shall be made in confidence and shall
extend only so far, as may be necessary for purposes of such performance.

2.11.2 The Supplier shall not, without the Purchaser's prior written consent, make use of any document or
information enumerated above except for purposes of performing the Contract.
2.11.3 Any document, other than the Contract itself, enumerated above shall remain the property of the Purchaser
and shall be returned (in all copies) to the Purchaser on completion of the Supplier's performance under the
Contract if so required by the Purchaser.

2.12 Patent Indemnity

2.12.1 The Supplier shall, subject to the Purchaser’s compliance with GCC Sub-Clause 2.12.2 Indemnify and hold
harmless the Purchaser and its employees and officers from and against any and all suits, actions or
administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including
attorney’s fees and expenses, which the Purchaser may suffer as a result of any infringement or alleged
infringement of any patent, utility model, registered design, trademark, copyright, or other intellectual
property right registered or otherwise existing at the date of the Contract by reason of:
(a) the installation of the Goods by the Supplier or the use of the Goods in India; and
(b) the sale in any country of the products produced by the Goods.

2.12.2 If any proceedings are brought or any claim is made against the Purchaser, the Purchaser shall promptly give
the Supplier a notice thereof, and the Supplier may at its own expense and in the Purchaser’s name conduct
such proceedings or claim and any negotiations for the settlement of any such proceedings or claim.

2.13 Performance Security

2.13.1 Within 21 days of receipt of the notification of award/PO, the Supplier shall furnish performance security in
the amount specified in SCC, valid till 60 days after the warranty period.
2.13.2 The proceeds of the performance security shall be payable to the Purchaser as compensation for any loss
resulting from the Supplier's failure to complete its obligations under the Contract.
2.13.3 The Performance Security shall be denominated in Indian Rupees for the offers received for supplies within
India and denominated in the currency of the contract in the case of offers received for supply from foreign
countries or in equivalent Indian Rupees in case the Performance Security is submitted by the Indian Agent.
2.13.4 In the case of imports, the PS may be submitted either by the principal or by the Indian agent and, in the case
of purchases from indigenous sources, the PS may be submitted by either the manufacturer or their
authorized dealer/bidder.
2.13.5 The Performance security shall be as per ITB
2.13.6 The performance security will be discharged by the Purchaser and returned to the Supplier not later than 60
days following the date of completion of the Supplier's performance obligations, including any warranty
obligations, unless specified otherwise in SCC, without levy of any interest.
2.13.7 In the event of any contract amendment, the supplier shall, within 21 days of receipt of such amendment,
furnish the amendment to the performance security, rendering the same valid for the duration of the
contract, as amended for further period of 60 days thereafter.
2.13.8 The order confirmation must be received within 14 days. However, the Purchaser has the powers to extend
the time frame for submission of order confirmation and submission of Performance Security (PS). Even after
extension of time, if the order confirmation /PS are not received, the contract shall be cancelled provided
that the purchaser, on being satisfied that it is not a case of cartelization and the integrity of the procurement
process has been maintained, may, for cogent reasons, offer the next successful bidder an opportunity to
match the financial bid of the first successful bidder, and if the offer is accepted, award the contract to the
next successful bidder at the price bid of the first successful bidder.

2.14 Inspections and Tests

2.14.1 The inspections & test, training required would be as detailed in Chapter-4 of the
Bidding Document relating to Specification and Allied Technical details.

2.15 Packing

2.15.1 The Supplier shall provide such packing of the Goods as is required to prevent their damage or
deterioration during transit to their final destination as indicated in the Contract. The packing shall be
sufficient to withstand, without limitation, rough handling during transit and exposure to extreme
temperatures, salt and precipitation during transit and open storage. Packing case size and weights shall take
into consideration, where appropriate, the remoteness of the Goods' final destination and the absence of
heavy handling facilities at all points in transit.
2.15.2 The packing, marking and documentation within and outside the packages shall comply strictly with such
special requirements as shall be provided for in the Contract including additional requirements, if any,
specified in SCC and in any subsequent instructions ordered by the Purchaser.

2.16 Delivery and Documents

2.16.1 Delivery of the Goods and completion and related services shall be made by the supplier in accordance with
the terms specified by the Purchaser in the contract. The details of shipping and/or other documents to be
furnished by the supplier are specified in SCC.
2.16.3 The mode of transportation shall be as specified in SCC. In case the purchaser elects to have the
transportation done through Air, then air lifting needs to be done through Air India only. In case Air India
does not operate in the Airport of dispatch, then the bidder is free to engage the services of any other
Airlines.

2.17 Insurance

2.17.1 Should the purchaser elect to buy on CIF/CIP basis, the Goods supplied under the Contract shall be fully
insured against any loss or damage incidental to manufacture or acquisition, transportation, storage and
delivery in the manner specified in SCC.
2.17.2 Where delivery of the goods is required by the purchaser on CIF or CIP basis the supplier shall arrange and pay
for Cargo Insurance, naming the purchaser as beneficiary and initiate & pursue claims till settlement, on the
event of any loss or damage.
2.17.3 Where delivery is on FOB or FCA basis, insurance would be the responsibility of the purchaser.
2.17.4 With a view to ensure that claims on insurance companies, if any, are lodged in time, the bidders and /or the
Indian agent shall be responsible for follow up with their principals for ascertaining the dispatch details and
informing the same to the Purchaser and he shall also liaise with the Purchaser to ascertain the arrival of the
consignment after clearance so that immediately thereafter in his presence the consignment could be opened
and the insurance claim be lodged, if required, without any loss of time. Any delay on the part of the
bidder/Indian Agent would be viewed seriously and he shall be directly responsible for any loss sustained by
the purchaser on the event of the delay.

2.18 Transportation

2.18.1 Where the Supplier is required under the Contract to deliver the Goods FOB, transport of the Goods, up to
and including the point of putting the Goods on board the vessel at the specified port of loading, shall be
arranged and paid for by the Supplier, and the cost thereof shall be included in the Contract price. Where the
Supplier is required under the Contract to deliver the Goods FCA, transport of the Goods and delivery into the
custody of the carrier at the place named by the Purchaser or other agreed point shall be arranged and paid
for by the Supplier, and the cost thereof shall be included in the Contract Price.
2.18.2 Where the Supplier is required under the Contract to deliver the Goods CIF or CIP, transport of the Goods to
the port of destination or such other named place of destination in the Purchaser’s country, as shall be
specified in the Contract, shall be arranged and paid for by the Supplier, and the cost thereof shall be included
in the Contract Price.
2.18.3 In the case of supplies from within India, where the Supplier is required under the Contract to transport the
Goods to a specified destination in India, defined as the Final Destination, transport to such destination,
including insurance and storage, as specified in the Contract, shall be arranged by the Supplier, and the
related costs shall be included in the Contract Price.

2.19 Incidental Services

2.19.1 The supplier may be required to provide any or all of the services, including training, if any, specified in Ch.4

2.20 Spare Parts

2.20.1 The Supplier shall be required to provide any or all of the following materials, notifications, and information
pertaining to spare parts manufactured or distributed by the Supplier:
(a) Such spare parts as the Purchaser may elect to purchase from the Supplier, providing that this
election shall not relieve the Supplier of any warranty obligations under the Contract; and
(b) In the event of termination of production of the spare parts:
(i) Advance notification to the Purchaser of the pending termination, in sufficient time to permit the
Purchaser to procure needed requirements; and
(ii) Following such termination, furnishing at no cost to the Purchaser, the blueprints, drawings and
specifications of the spare parts, if requested.

2.21 Warranty

2.21.1 The Supplier warrants that all the Goods are new, unused, and of the most recent or current models, and that
they incorporate all recent improvements in design and materials, unless provided otherwise in the Contract.
2.21.2 The Supplier further warrants that the Goods shall be free from defects arising from any act or omission of the
Supplier or arising from design, materials, and workmanship, under normal use in the conditions prevailing in
India.
2.21.3 Unless otherwise specified in the SCC, the warranty shall remain valid for Twelve (12) months after the Goods,
or any portion thereof as the case may be, have been delivered to and accepted at the final destination
indicated in the SCC, or for Eighteen (18) months after the date of shipment from the port or place of loading
in the country of origin, whichever period concludes earlier.
2.21.4 The Purchaser shall give notice to the Supplier stating the nature of any such defects together with all
available evidence thereof, promptly following the discovery thereof. The Purchaser shall afford all
reasonable opportunity for the Supplier to inspect such defects.
2.21.5 Upon receipt of such notice, the Supplier shall, within a reasonable period of time, expeditiously repair or
replace the defective Goods or parts thereof, at no cost to the Purchaser.
2.21.6 If having been notified, the Supplier fails to remedy the defect within a reasonable period of time; the
Purchaser may proceed to take within a reasonable period such remedial action as may be necessary, at the
Supplier’s risk and expense and without prejudice to any other rights which the Purchaser may have against
the Supplier under the Contract.
2.21.7 Goods requiring warranty replacements must be replaced on free of cost basis to the purchaser.

2.22 Terms of Payment

2.22.1 The method and conditions of payment to be made to the Supplier under this Contract shall be as specified in
the SCC.
2.22.2 The Supplier's request(s) for payment shall be made to the Purchaser in writing, accompanied by an invoice
describing, as appropriate, the Goods delivered and the Services performed, and by documents, submitted
pursuant to Delivery and document Clause of the GCC and upon fulfillment of other obligations stipulated in
the contract.
2.22.3 Payments shall be made promptly by the Purchaser but in no case later than thirty (30) days after submission
of the invoice or claim by the Supplier. While claiming the payment, the supplier should certify in the
bill/invoice that the payment being claimed strictly in terms of the contract and all obligations on the part of
the supplier for claiming the payment have been fulfilled as required under the contract.
2.22.4 Payment shall be made in currency as indicated in the contract.

2.23 Change Orders and Contract Amendments

2.23.1 The Purchaser may at any time, by written order given to the Supplier pursuant to Clause on Notices of the
GCC make changes within the general scope of the Contract in any one or more of the following:
(a) Increase or decrease in the quantity required, exercise of quantity opinion clause;
(b) Changes in schedule of deliveries and terms of delivery;
(c) The changes in inspection arrangements;
(d) Changes in terms of payments and statutory levies;
(e) Changes due to any other situation not anticipated;
2.23.2 No changes in the price quoted shall be permitted after the purchase order has been issued except on
account of statutory variations.
2.23.3 No variation or modification in the terms of the contract shall be made except by written amendment signed
by the parties.

2.24 Assignment

2.24.1 The Supplier shall not assign, in whole or in part, its obligations to perform under the Contract, except with
the Purchaser's prior written consent.

2.25 Subcontracts

2.25.1 The Supplier shall notify the Purchaser in writing of all subcontracts awarded under this Contract if not already
specified in the bid. Such notification, in the original bid or later, shall not relieve the Supplier from any liability
or duties or obligation under the contract.

2.26 Extension of time.

2.26.1 Delivery of the Goods and performance of the Services shall be made by the Supplier in accordance with the
time schedule specified by the Purchaser.
2.26.2 If at any time during performance of the Contract, the Supplier or its sub-contractor(s) should encounter
conditions impeding timely delivery of the Goods and performance of Services, the Supplier shall promptly
notify the Purchaser in writing of the fact of the delay, its likely duration and its cause(s). As soon as
practicable after receipt of the Supplier’s notice, the Purchaser shall evaluate the situation and may, at its
discretion, extend the Supplier’s time for performance with or without liquidated damages, in which case
the extension shall be ratified by the parties by amendment of the Contract.
2.26.3 Except as provided under the Force Majeure clause of the GCC, a delay by the Supplier in the performance of
its delivery obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to
liquidated damages Clause of the GCC unless an extension of time is agreed upon pursuant to above clause
without the application of penalty clause.

2.27 Liquidated Damages

2.27.1 Subject to GCC Clause on Force Majeure, if the Supplier fails to deliver any or all of the Goods or to perform
the Services within the period(s) specified in the Contract, the Purchaser shall, without prejudice to its other
remedies under the Contract, deduct from the Contract Price, as penalty, a sum equivalent to the percentage
specified in SCC of the delivered price of the delayed Goods or unperformed Services or contract value in case
the delivered price of the delayed goods or unperformed services cannot be ascertained from the contract,
for each week or part thereof of delay until actual delivery or performance, up to a maximum deduction of
the Percentage specified in SCC. Once the maximum is reached, the Purchaser may consider termination of
the Contract pursuant to GCC Clause on Termination for Default.

2.28 Termination for Default

2.28.1 The Purchaser may, without prejudice to any other remedy for breach of contract, by written notice of default
sent to the Supplier, terminate the Contract in whole or part
(a) If the Supplier fails to deliver any or all of the Goods within the period(s) specified in the contract, or
within any extension thereof granted by the Purchaser pursuant to GCC Clause on Extension of Time;
or
(b) If the Supplier fails to perform any other obligation(s) under the Contract.
(c) If the Supplier, in the judgment of the Purchaser has engaged in corrupt or fraudulent or collusive or
coercive practices etc as defined in GCC Clause and ITB clause on code of integrity in competing for or
in executing the Contract.
2.28.2 In the event the purchaser terminates the contract in whole or in part, he may take recourse to any one or
more of the following action:
(a) The Performance Security is to be forfeited;
(b) The purchaser may procure, upon such terms and in such manner as it deems appropriate, stores
similar to those undelivered, and the supplier shall be liable for all available actions against it in terms
of the contract.
(c) However, the supplier shall continue to perform the contract to the extent not terminated.
2.29 Force Majeure

2.29.1 Notwithstanding the provisions of GCC Clauses relating to extension of time, Liquidated damages and
Termination for Default the Supplier shall not be liable for forfeiture of its performance security, liquidated
damages or termination for default, if and to the extent that, its delay in performance or other failure to
perform its obligations under the Contract is the result of an event of Force Majeure.
2.29.2 For purposes of this Clause, “Force Majeure” means an event or situation beyond the control of the Supplier
that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack of care on the part of
the Supplier. Such events may include, but not be limited to, acts of the Purchaser in its sovereign capacity,
wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes.
2.29.3 If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in writing of such
conditions and the cause thereof within 21 days of its occurrence. Unless otherwise directed by the Purchaser
in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably
practical, and shall seek all reasonable alternative means for performance not prevented by the Force
Majeure event.
2.29.4 If the performance in whole or in part or any obligations under the contract is prevented or delayed by any
reason of Force Majeure for a period exceeding 60 days, either party may at its option terminate the contract
without any financial repercussions on either side.

2.30 Termination for Insolvency

2.30.1 The Purchaser may at any time terminate the Contract by giving written notice to the Supplier, if the Supplier
becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the
Supplier, provided that such termination will not prejudice or affect any right of action or remedy, which has
accrued or will accrue thereafter to the Purchaser.

2.31 Termination for Convenience

2.31.1 The Purchaser, by written notice sent to the Supplier, may terminate the Contract, in whole or in part, at any
time. The notice of termination shall specify that termination is for the Purchaser's convenience, the extent to
which performance of the Supplier under the Contract is terminated, and the date upon which such
termination becomes effective.
2.31.2 The Goods that are complete and ready for shipment within 30 days after the Supplier's receipt of notice of
termination shall be accepted by the Purchaser at the Contract terms and prices. For the remaining Goods,
the Purchaser may elect:
(a) To have any portion completed and delivered at the Contract terms and prices; and/or
(b) To cancel the remainder and pay to the Supplier an agreed amount for partially completed Goods and
for materials and parts previously procured by the Supplier.

2.32 Settlement of Disputes

2.32.1 The Purchaser and the supplier shall make every effort to resolve amicably by direct informal negotiation any
disagreement or dispute arising between them under or in connection with the Contract.
2.32.2 If, after twenty-one (21) days, the parties have failed to resolve their dispute or difference by such mutual
consultation, then either the Purchaser or the Supplier may give notice to the other party of its intention to
commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration in respect of
this matter may be commenced unless such notice is given. Any dispute or difference in respect of which a
notice of intention to commence arbitration has been given in accordance with this Clause shall be finally
settled by arbitration. Arbitration may be commenced prior to or after delivery of the Goods under the
Contract.
2.32.3 The dispute settlement mechanism/arbitration proceedings shall be concluded as under:
(a) If any dispute or difference arises between the parties hereto as to the construction, interpretation, effect
and implication of any provision of this agreement including the rights or liabilities or any claim or
demand of any party against other or in regard to any other matter under these presents but excluding
any matters, decisions or determination of which is expressly provided for in this Agreement, such
disputes or differences shall be referred to an Arbitral Bench consisting of three Arbitrators, one each to
be appointed by each party and the two Arbitrators shall appoint a third Arbitrator who shall be the
presiding Arbitrator. A reference to the Arbitration under this Clause shall be deemed to be submission
within the meaning of the Arbitration and Conciliation Act, 1996 and the rules framed there under for the
time being in force. Each party shall bear and pay its own cost of the arbitration proceedings unless the
Arbitrators otherwise decides in the Award.
2.32.4 The venue of the arbitration shall be the place from where the purchase order or contract is issued.
2.32.5 Notwithstanding, any reference to arbitration herein,
(a) The parties shall continue to perform their respective obligations under the Contract unless they
otherwise agree; and
(b) the Purchaser shall pay the Supplier any monies due the Supplier.

2.33 Governing Language

2.33.1 The contract shall be written in English language which shall govern its interpretation. All correspondence and
other documents pertaining to the Contract, which are exchanged by the parties, shall be written in the
English language only.

2.34 Applicable Law

2.34.1 The Contract shall be interpreted in accordance with the laws of the Union of India and all disputes shall be
subject to place of jurisdiction as specified in SCC.

2.35 Notices

2.35.1 Any notice given by one party to the other pursuant to this contract/order shall be sent to the other party in
writing or by e-mail or and confirmed in writing to the other party’s address specified in the SCC.
2.35.2 A notice shall be effective when delivered or on the notice’s effective date, whichever is later.

2.36 Taxes and Duties

2.36.1 For goods manufactured outside India, the Supplier shall be entirely responsible for all taxes, stamp duties,
license fees, and other such levies imposed outside India.
2.36.2 For goods Manufactured within India, the Supplier shall be entirely responsible for all taxes, duties, license
fees, etc., incurred till its final manufacture/production.
2.36.3 If any tax exemptions, reductions, allowances or privileges may be available to the Supplier in India, the
Purchaser shall make its best efforts to enable the Supplier to benefit from any such tax savings to the
maximum allowable extent.
2.36.4 All payments due under the contract shall be paid after deduction of statutory
levies (at source) (like IT, etc.) wherever applicable.
2.36.5 Customs Duty – If the supply is from abroad this Institute is permitted to import goods as per notification
No.51/96 – Customs and pay a concessional duty up to 5% as per notification 24/2002 – Customs on all
imports.

2.37 Right to use Defective Goods

2.37.1 If after delivery, acceptance and installation and within the guarantee and warranty period, the operation or
use of the goods proves to be unsatisfactory, the Purchaser shall have the right to continue to operate or use
such goods until rectifications of defects, errors or omissions by repair or by partial or complete replacement
is made without interfering with the Purchaser’s operation.

2.38 Protection against Damage

2.38.1 The system shall not be prone to damage during power failures and trip outs. The normal voltage and
frequency conditions available at site as under:
(a) Voltage 230 volts – Single phase/ 415 V 3 phase (+_ 10%)(b) Frequency 50 Hz.

2.39 Site preparation and installation


2.39.1 The Purchaser is solely responsible for the construction of the equipment sites in compliance with the
technical and environmental specifications defined by the Supplier. The Purchaser will designate the
installation sites before the scheduled installation date to allow the Supplier to perform a site inspection to
verify the appropriateness of the sites before the installation of the Equipment, if required. The supplier shall
inform the purchaser about the site preparation, if any, needed for installation, of the goods at the
purchaser’s site immediately after notification of award/contract. Unless otherwise specified anywhere else in
this Tender Document, the Supplier has to complete the Installation/Commissioning within one (1) months
from the date of arrival of the equipment in the Institute.

2.40 Import and Export Licenses

2.40.1 If the ordered materials are covered under restricted category of EXIM policy in India the Vendor / Agent may
intimate such information for obtaining necessary, license in India.
2.40.2 If the ordered equipment is subject to Vendor procuring an export license from the designated government
agency / country from where the goods are shipped / sold, the vendor has to mention the name, address of
the government agency / authority. The vendor must also mention the time period within which the
license will be granted in normal course.

2.41 Risk Purchase Clause

2.41.1 If the supplier fails to deliver the goods within the maximum delivery period specified in the contract or
Purchase Order, the purchaser may procure, upon such terms and in such a manner as it deems appropriate,
Goods or Services similar to those undelivered and the Supplier shall be liable to the purchaser for any excess
costs incurred for such similar goods or services.

2.42 Option Clause

2.42.1 The Purchaser reserves the right to increase or decrease the quantity of the required goods up to 25%
(Twenty-Five) per cent at any time, till final delivery date (or the extended delivery date of the contract), by
giving reasonable notice even though the quantity ordered initially has been supplied in full before the last
date of the delivery period (or the extended delivery period)

2.43 Order Acceptance

2.44.1 The successful bidder should submit Order acceptance within 14 days from the date of issue of order, failing
which it shall be presumed that the vendor is not interested and his bid security is liable to be forfeited
pursuant to clause 1.15.9 of ITB.
B SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract (SCC) shall supplement and / or amend the General Conditions of
Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the GCC.

S.N. GCC Clause Ref Condition


1 GCC 2.1.1(m) The Purchaser is:
CSIR – Central Roads Research Institute (CRRI)
Delhi - Mathura Road, New Delhi – 110025, INDIA
2 GCC 2.1.1(m) The Final Destination is:
CSIR – Central Roads Research Institute (CRRI)
Delhi - Mathura Road, New Delhi – 110025, INDIA
3 GCC 2.13.1 The amount of the Performance Security shall be 10 % of the contract value.
4 GCC 2.15.2 The marking and documentation within and outside the packages shall be:
(a) Each package should have a packing list within it detailingthe part No(s),
description, quantity etc.
(b) Outside each package, the contract No., the name and address of the purchaser
and the final destination should be indicated on all sides and top.
(c) Each package should be marked as 1/x, 2/x, 3/x……x/x, where “x” is the total
No. of packages contained in the consignment.
(d) All the sides and top of each package should carry an Appropriate indication/
label/ stickers indicating the precautions to be taken while handling/storage.
5 GCC 2.16.1 Details of Shipping and other Documents to be furnished by the Supplier are :
For goods manufactured within India
Within 24 hours of dispatch, the supplier shall notify the purchaser the complete
details of dispatch and also supply following documents by registered post / speed
post and copies thereof by FAX/Email.
(a) Two copies of Supplier’s Invoice indicating, inter-alia description and specification
of the goods, quantity, unit price, total value;
(b) Packing list;
(c) Certificate of country of origin;
(d) Insurance certificate, if required under the contract;
(e) Railway receipt/Consignment note;
(f) Manufacturer’s guarantee certificate and in-house inspection certificate;
(g) Inspection certificate issued by purchaser’s inspector, if any; and
(h) Any other document(s) as and when required in terms of the contract.

Note:
01. The nomenclature used for the item description in the invoices(S), packing list(s)
and the delivery note(s) etc. should be identical to that used in the contract.
The dispatch particulars including the name of the transporter should also be
mentioned in the Invoice(s).
02. The above documents should be received by the Purchaser before arrival of the
Goods and, if not received, the Supplier will be responsible for any consequent
expenses.

For goods manufactured abroad


Within 24 hours of dispatch, the supplier shall notify the purchaser the complete
details of dispatch and also supply following documents by Registered Post/courier
and copies thereof by FAX/Email.
(a) Two copies of supplier’s Invoice giving full details of the
goods including quantity, value, etc.;
(b) Packing list;
(c) Certificate of country of origin issued by supplier;
(d) Manufacturer’s guarantee and Inspection certificate;
(e) Inspection certificate issued by the Purchaser’s Inspector, if any;
(f) Insurance Certificate, if required under the contract;
(g) Name of the Vessel/Carrier;
(h) Bill of Lading/Airway Bill;
(l) Any other document(s) as and when required in terms of the
contract.
Note:
01. The nomenclature used for the item description in the Invoices (s), packing
list(s) and the delivery note(s) etc. should be identical to that used in the
contract. The dispatch particulars including the name of the transporter
should also be mentioned in the Invoice(s).
02. The above documents should be received by the Purchaser before arrival of the
Goods and, if not received, the Supplier will be responsible for any consequent
expenses.
6 GCC 2.16.3 In case of supplies from within India, the mode of transportation shall be by as per bid
terms
In case of supplies from abroad, the mode of transportation shall be by as per bid
terms
7 GCC 2.17.1 The Insurance shall be for an amount equal to 110% of the CIF or CIP value of the
contract from within “warehouse to warehouse (final destination)” on “all risk basis”
including strikes, riots and civil commotion.
8 GCC 2.21.3 The period of validity of the Warranty shall be as specified with Technical
Specifications
9 GCC2.22.1 Advance payment shall normally be not made. Payments for INR items shall be made
after delivery and installation. For imported items, payment shall be made either by
Irrevocable Letter of Credit or 100% payment can be made by wire transfer within 15
working days after supply and acceptance of the equipment by purchaser, subject to
production of Performance Security in the form of Bank Guarantee/TDR, wherever
applicable. No claim for payment shall be entertained for the damaged items
delivered. ALL BANK CHARGES ABROAD/ AT BENEFICIARY’S BANK SHALL BE TO THE
ACCOUNT OF THE BENEFICIARY i.e. SUPPLIER
10 GCC 2.27.1 The penalty shall be 0.5% per week or part of a week towards late delivery and
towards delay in installation and commissioning subject to maximum 10%. Acceptance
of late delivery item doesn’t automatically imply waiver of LD penalty unless
specifically communicated in writing.
11 GCC 2.32.3 In case of Dispute or difference arising between the Purchaser and a domestic
supplier relating to any matter arising out of or connected with this agreement, such
disputes or difference shall be settled in accordance with the Indian Arbitration &
Conciliation Act, 1996, the rules thereunder and any statutory modifications or re-
enactments thereof shall apply to the arbitration proceedings. The dispute shall be
referred to Delhi International Arbitration Centre (DIAC), Delhi High Court, New Delhi
12 GCC 2.34.1 The place of jurisdiction is New Delhi
13 GCC 2.35.1 For notices, the Purchaser’s address is
The Director (K/A: Head - Stores & Purchase)
CSIR – Central Roads Research Institute (CRRI)
Delhi - Mathura Road, New Delhi – 110025, INDIA
Email: director.crri@nic.in
CHAPTER – 3: SCHEDULE OF REQUIREMENTS
(To be filled by the bidder as appropriate and enclosed with the Technical Bid)

Sl. Brief Description of Goods & Quantity Physical Unit Final destination/ Delivery Schedule Time frame required for conducting
No. Services Place (to be filled by the installation, commissioning of the eqpt.,
bidder) acceptance test, etc. after the arrival of
consignment
(to be filled by the bidder)

Term of delivery: FOR CSIR- CRRI, New Delhi


Period of delivery shall count from : ____________________________________
(to be filled by the bidder)
Scope of Supply : As per submitted bid document
Training requirement: ____________________________________

(Location, no. of persons, period of training, nature of training)


Date : ……………………………
Place : ……………………………

Signature of the Bidder


CHAPTER – 4: SPECIFICATIONS AND ALLIED TECHNICAL DETAILS

CONTENT OF THIS CHAPTER ARE UPLOADED SEPERATELY IN ‘TECHNICAL SPECIFICATIONS’PART. THIS MAY ALSO
INCLUDE REQUIRMENTS RELATED TO WARRANTY, AMC / CMC, SPARES, TRAINING, INSTALLATION AND FEW OTHER
NECESSARY ELIGIBILITY CONDITIONS / QUALIFICATON CRITERIA APART FROM THOSE MENTIONED IN CHAPTER 6

Mobile Bridge Inspection Unit (MBIU) Specifications


A. Generic Specifications
• Minimum horizontal range : 15m
• Minimum operation range across the bridge under bridge deck : 12m
• Minimum lowering depth : 8m
• Minimum width of platform : 0.75m
• Minimum load carrying capacity of platform : 400 Kg
• Rotation of working platform : 0 to 90 degree
• Minimum over-bridging of side walk : 2.2m
• Minimum Operating inspection speed under deployed condition : 5m/min
• Type: Truck Mounted Mobile Unit with platform type system with three folded arms
• Driving speed / transportation speed upto: 50km/hr
• Wind Speed: Should be able to operate up to wind speed of 25 km/hr.
• It should have hydraulic system with hydraulic pump, hydraulic motor, lifting hydraulic cylinder,
telescopic hydraulic cylinder, supporting wheel cylinder, hydraulic valve and hydraulic
accessories.
• Control modes: It should have different control modes i.e. manual, panel and wireless remote
control with control distance of minimum 20m.
• Should have proper mechanism to enable the low speed traversing of the vehicle at a variable
speed in forward and reverse on bridge deck.
• Operating temperature range: 0 °C to +50 °C
• It should have good performance in both high and low temperatures, high humidity and other
harsh environment.
• It should have facilities for automatic wind speed detection, safety protection devices, lighting
system, emergency power and emergency pump to retract the vehicle in emergency situations,
to ensure the vehicle promptly evacuated, emergency stop switch in case of emergency so that
all hydraulic actions immediately stop and engine also stop and facilities for other emergency
operation and protection.
• Main structure parts should be manufactured from high strength steel with yield strength of
1000 MPa.
• The system has its own silent generator unit having about 10 KVA Capacity. The same may be
used at the site for the power supply to the core cutting machine for sampling of cores from the
bridge.
• Equivalent vehicle of BS-VI compliance with multi axle is required for the mounting of the bridge
inspection unit
• It should have good stability with large carrying capacity. It should have 4 X 2 Chassis or higher.
• All spare parts of the unit to be available for next 10 years.
• The driver cabin of the truck should have Air condition and also have seating capacity of
additional 03 people.
• The unit should have 02 numbers extratyres.
B. The quoted amount should be inclusive of :
• Installation & Commissioning Charges
• AMC for 01 Year after the warranty period of One year
• Delhi Delivery at CSIR-CRRI Campus
• Inclusive of RTO Registration at Delhi
• Inclusive of Training of 10 Numbers of CRRI Staff for 03 days at CRRI Delhi campus

C. Eligibility Criteria
1. Vendor/supplier/manufacturer should not be debarred/blacklisted by any government
organization for any product. If the same is detected at any stage the contract will be
terminated.
2. The bidder should be the manufacturer/authorized representative of the manufacturer who must
have designed, manufactured, tested, and supplied the equipment(s) similar to the type
specified in the “technical specification”. The MAF must be enclosed with the technical bid.
3. The Vendor must have supplied a system similar to the quoted item to at least one users in
India for past three years and should provide documentary evidence for the same.
4. The vendor shall be ready to furnish the performance Certificate and Calibration of the
equipment.
5. Spare part shall be made at least 10 years from date of purchase

TECHNICAL SPECIFICATIONS AND VARIOUS OTHER REQUIRMENTS MENTIONED THEREIN INCLUDING WARRANTY /
TRAINING / INSTALLATION ETC. ARE TO BE TREATED AS TOTALBILL OF QUANTITIES (BoQ) FOR THE PURPOSE OF
BIDDING AND FILLING PRICE BID.

Please note that where multiple items are mentioned in the BOQ list, BIDDER MUST QUOTE for ALL ITEMS AS THE
LOWEST BID WILL BE DECIDED BASED ON OVERALL TOTAL VALUE OF ALL THE BOQ ITEMS AS THESE ARE REQUIRED TO
BE PURCHASED FROM SINGLE SUPPLIER TO ENSURE CONSISTENCY & COMPATIBILITY PARTICULARY IN CASE OF
CONSUMABLES, FABRICATION ITEMS, REPAIR ITEMS,SPARES, ITEMS REQUIRED AS PART OF SET ETC.
Only items of standalone equipment nature will be compared on individual basis and will be bought from respective
L1 bidder for each such item.

CHAPTER – 5: PRICE SCHEDULE FORM

AS PER BoQ HOSTED ON CPP PORTAL IN THE PRICE BID FOLDER

CHAPTER – 6: QUALIFICATION REQUIREMENTS

1 - Experience and Past Performance:As mentioned in the Chapter 4 along with technical specifications
2 - Capability- Equipment & manufacturing Facilities:As mentioned in the Chapter 4 along with technical specifications
3 - Financial Standing – Applicable if mentioned in the Chapter 4
a) Condition of prior turnover and prior experience will be half of those applicable to other bidders with respect
to Micro and Small Enterprises and Start-ups (as defined by Department of Industrial Policy and Promotion)
subject to meeting of quality & technical specifications. Due consideration will be given to guidelines and
directions of the government policies governing procurement from such entities.
b) Bidder Firm (manufacturer or principal of authorized representative) should not have suffered any financial
loss for more than one year during the last three years, ending on the last financial year.
c) The net worth of the Bidder firm (manufacturer or principal of authorized representative) should not be
negative at the ending of the last financial year.
b) Authorized Representatives: Bids of bidders quoting as authorized representative of a principal manufacturer
would also be considered to be qualified, provided:
i) their principal manufacturer meets all the criteria above without exemption, and
ii) the principal manufacturer furnishes a legally enforceable tender-specific authorization in the
prescribed form assuring full guarantee and warranty obligations as per the general and special
conditions of contract; and
iii) the bidder himself should have been associated, as authorized representative of the same or other
Principal Manufacturer for same set of services as in present bid (supply, installation, satisfactorily
commissioning, after sales service as the case may be) for same or similar ‘Product’ for past three
years ending on ‘The Relevant Date’.
c) For Existing Successful Past Suppliers: In case the bidder (manufacturer or principal of authorized
representative) who is a successful past supplier of ‘The Product’ in at least one of the recent past
procurements, who do not meet any or more of requirements above, would also be considered to be
qualified in view of their proven credentials, for the maximum quantity supplied by him in such recent past.
d) Joint Ventures and Holding Companies: Credentials of the partners of Joint ventures cannot (repeat cannot)
be clubbed for the purpose of compliance of PQC in supply of Goods/Equipment, and each partner must
comply with all the PQC criteria independently. However for the purpose of qualifying the Financial Standing
Criteria, the Financial Standing credentials of a Holding Company can be clubbed with only one of the fully
owned subsidiary bidding company, with appropriate legal documents proving such ownership.
Note for Bidders:
a) ‘Doctrine of Substantial Compliance’: The Pre-Qualification Bidding (PQB) and Pre- Qualification Criteria (PQC)
are for short listing of sources who are competent to perform this contract to ensure best value for money
from expenditure of Public Money. This process is neither intended to bestow any entitlement upon nor to
create any rights or privileges for the Bidders, by way of overly hair-splitting or viciously legalistic
interpretations of these criteria, disregarding the very rationale of the PQB and PQC. Keeping this caveat in
view, interpretation by the Purchaser would be based on common usage of terminologies and phrases in
public procurement in accordance with the ‘Doctrine of Substantial Compliance’ and would be final.
b) The Bidder must declare, whether asked or not in a bid document, any previous transgressions of code of
integrity with any entity in any country during the last three years or of being debarred by any other Procuring
Entity. Failure to do so would amount to violation of this code of integrity.
c) In case of agents quoting in offshore procurements, on behalf of their principal manufacturers, one agent
cannot represent two manufacturers and quote on their behalf in a particular tender enquiry. One
manufacturer can also authorize only one agent/ dealer for this particular tender. There can be only one bid
from the following:
i) The Principal manufacturer directly or through one Indian agent on his behalf; and
ii) Indian/foreign agent on behalf of only one principal.
d) d) Along with all the necessary documents/certificates required as per the tender conditions, the bidder
should furnish a brief write-up, backed with adequate data, explaining his available capacity (both technical
and financial), for manufacture and supply of the required goods/equipment, within the specified time of
completion, after meeting all their current commitments.
e) e) Supporting documents submitted by the bidder must be certified as follows:
i) All copy of supply/work order; respective completion certificate and contact details of clients;
documents issued by the relevant Industries Department/National Small Industries Corporation
(NSIC)/ manufacturing license; annual report, etc., in support of experience, past performance and
capacity/capability should be authenticated by the by the person authorized to sign the tender on
behalf of the bidder. Original Documents must be submitted for inspection, if so demanded.
ii) All financial standing data should be certified by certified accountants, for example, Chartered
Accountants/Cost Accountants or equivalent in relevant countries; and Indian bidder or Indian
counterparts of foreign bidders should furnish their Permanent Account Number.
f) A bidder or any of its affiliates who participated as a consultant in the preparation of the design or technical
specifications of the contract i.e. the subject of the bid; cannot participate in the bidding process.
g) Indian agents quoting on behalf of its foreign principal need to submit a copy of the agency agreement with
the foreign principal detailing the services to be rendered by them on behalf of the principals, failing which its
bid shall not be considered.
h) Foreign bidders to disclose the name and address of agent and representatives in India and Indian bidder to
disclose their foreign principal or associates.
i) Wherever multiple bidders of the same Manufacturer/ OEM quote in a particular bid, purchaser may at its
discretion before opening of the price bids seek clarification from the Manufacture/ OEM as to which bid is to
be treated as authorized one.
j) Eligibility with respect to Make In India
i) In procurement of all goods, services or works in respect of which the Nodal Ministry I Department
has communicated that there is sufficient local capacity and local competition, only 'Class-I local
supplier', as defined under the Order no.P-45021/2/2017-PP (BE-II) dated 16th September 2020 of
Ministry of Commerce and Industry, Government of India, shall be eligible to bid irrespective of
purchase value.
ii) Only 'Class-I local supplier' and 'Class-Il local supplier', as defined under the Order, shall be eligible to
bid in procurements undertaken by procuring entities, except when Global tender enquiry has been
issued. In global tender enquiries, 'Non-local suppliers' shall also be eligible to bid along with 'Class-I
local suppliers' and 'Class-Il local suppliers'. In procurement of all goods, services or works, not
covered by sub- para 3(a) of Order no.P-45021/2/2017-PP (BE-II) dated 16th September 2020 of
Ministry of Commerce and Industry, Government of India, and with estimated value of purchases less
than Rs 200 Crore, in accordance with Rule 161(iv) of General Finance Rules, 2017, Global tender
enquiry shall not be issued except with the approval of competent authority as designated by
Department of Expenditure.

PLEASE NOTE: ONE OR MORE OF THE QUALIFICATION CRITERIA / REQUIRMENT COULD ALSO HAVE BEEN MENTIONED
IN CHAPTER 4, VIZ. UNDER TECHNICAL SPECIFICATIONS (AS THESE ARE COMMUNICATED BY THE END USERS) AND
THEREFORE SHALL ALSO DEEM TO BE PART OF THIS BID DOCUMENT/CHAPTER FOR THE PURPOSE OF DETERMINING
ELIGIBILITY

CHAPTER – 7: OTHER STANDARD FORMS / ANNEXURES

Sl. No. Name


01 MULTI FORM – Annexure I

02 Manufacturers’ Authorization Form – Annexure II

03 Bid Securing Declaration – Annexure III

04 Performance Statement Cum Service Support Form – Annexure IV

05 Deviation Statement Form – Annexure V

06 Local Content Declaration Form – Annexure VI

07 Brief Overview of Govt. Policies Related to Tendering / Purchases – Annexure VII


Annexure– I
MULTI FORM
(Bid Form, Bidder Information, Border Declaration, Code of Integrity)
To: The Director, CSIR – Central Roads Research Institute, New Delhi, INDIA
We, the undersigned, declare that:
a) We have examined and have no reservations to the Bidding Documents.We offer to supply in conformity with the
Bidding Documents and in accordance with the Delivery Schedules specified in the Schedule of Requirements the
following Goods and Related Services. Prices and discounts, if any, are mentioned in the Price Bid.
b) Our bid shall be valid for the period of time specified in the bid document and it shall remain binding upon us and
may be accepted at any time before the expiration of that period;
c) We agree to submit Performance Security, if required, as per the terms of this bid document;
d) The Details of commissions, gratuities, or fees paid or to be paid with respect to the bidding process or execution
of the Contract:
Name of Recipient Address Reason Amount

(IF NONE HAS BEEN PAID OR IS TO BE PAID, INDICATE “NONE.”)

e) We understand that this bid, together with your written acceptance thereof included in your notification of
award, shall constitute a binding contract between us, until a formal contract is prepared and executed. We
understand that you are not bound to accept the lowest evaluated bid or any other bid that you may receive.
f) Purchase/ Price Preference: We have read and understood original circulars/ notifications regarding purchase or
price preference policies of the government under MSEs /Make in India /Start Up India /DPIIT policies and have no
objection to our bid being evaluated for compliance with respect to them and thus declared eligible /ineligible as
the case may be.
g) Border Declaration: We have read clause regarding restriction on procurement from a bidder of a country which
shares a land border with India and on sub-contracting to contractors from such countries; We certify that the
bidder is not from such a country or, if from a such a country, has been registered with the Competent Authority
and will not sub-contract any work to a contractor from such countries unless such contractor is registered with
the competent Authority. A valid certificate issued by the Competent Authority has been attached with the bid. I
hereby certify that this bidder fulfill all requirements in this regard and is eligible to be considered.(As per requirements
under P-45021/112/2020-PP(BE-II)(E-43780) dated 24.08.2020 of Ministry of Commerce and Industry, Department for Promotion of Industry and Internal
Trade and any amendments thereon.)
h) Declaration for Code of Integrity &Conflict of Interest: I/We hereby declare that we shall abide by the Code of
Integrity for Public Procurement as mentioned under Para 1.3 of ITB of your tender document and have no
conflict of interest. The details of any previous transgressions of the code of integrity with any entity in any
country during the last three years or of being debarred by any other Procuring Entity are as under:
1.
2.
3.
We undertake that we shall be liable for any punitive action in case of transgression / contravention of this code.
Bidder’s Legal Name :
(In case of JV, legal name of each party)
Bidder’s actual or intended Country of Registration:
Bidder’s Year of Registration:
Bidder’s Legal Address in Country of Registration:
Bidder’s Authorized Representative Information
Complete Name, Address & Contact Details (Mobile, Landline,
Email)

Attached are scanned / copies of original documents of Articles of Incorporation or Registration of firm.

Signature & Seal of Bidder / Authorized Signatory___________________

Name _________________________________
Annexure– II
MANUFACTURER AUTHORIZATION FORM (MAF)
Bidder has to get this filled from OEM/ Manufacturer preferably on their Letterhead
To:
The Director, CSIR – Central Roads Research Institute, New Delhi, INDIA

We, the undersigned who are official manufacturers/ OEM/ Exclusive Indian Distributor of the items/ goods
being quoted by the bidder in whose favour this MAF is being issued and whose details are given below having
our factories or offices as indicated below, do hereby authorize the Bidder to submit a bid the purpose of
which is to provide the quoted goods, manufactured / distributed by us and to subsequently negotiate and sign
the Contract if the bidder’s offer is found responsive, eligible and acceptable as per tender conditions.

We further declare that we do not directly participate in the bidding process and have not authorized any
other firm to participate in the same bid.

We hereby extend our full guarantee and warranty in accordance with Clause 2.21 of the General Conditions of
Contract, with respect to the Goods offered by the bidder.

Name & Designation of the Signatory of


This MAF

Name & Address of the Manufacturer/ OEM/


Indian Distributor (with phone number and
email id)
This Certificate is issued in favor of
(Name / Address of the Bidding Firm)

Official Seal & Sign


of authorized representative(s) of
the Manufacturer/OEM /Exclusive Indian Distributor
Annexure– III
Bid-Securing Declaration Form
(TO BE FILLED & SUBMITTED IN LIEU OF THE BS/EMD ONLY IF GIVEN AS OPTION IN NIT)

Date:___________________
Bid No. _________________

To (insert complete name and address of the purchaser)

I/We. The undersigned, declare that:

I/We understand that, according to your conditions, bids must be supported by a Bid Securing Declaration.

I/We accept that I/We may be disqualified from bidding for any contract with you for a period of one year from the
date of notification if I am /We are in a breach of any obligation under the bid conditions, because I/We

(a) have withdrawn/modified/amended, impairs or derogates from the tender, my/our Bid during the period of
bid validity specified in the form of Bid; or

(b) having been notified of the acceptance of our Bid by the purchaser during the period of bid validity (i) fail or
reuse to execute the contract, if required, or (ii) fail or refuse to furnish the Performance Security, in
accordance with the Instructions to Bidders.

I/We understand this Bid Securing Declaration shall cease to be valid if I am/we are not the successful Bidder, upon
the earlier of (i) the receipt of your notification of the name of the successful Bidder; or (ii) thirty days after the
expiration of the validity of my/our Bid.

Signed: (insert signature of person whose name and capacity are shown) in the capacity of (insert legal capacity of
person signing the Bid Securing Declaration).

Name: (insert complete name of person signing he Bid Securing Declaration)

Duly authorized to sign the bid for an on behalf of : (insert complete name of Bidder)

Dated on _____________ day of ___________________(insert date of signing)

Corporate Seal (where appropriate)

(Note: In case of a Joint Venture, the Bid Securing Declaration must be in the name of all partners to the Joint Venture
that submits the bid)
Annexure–IV

PERFORMANCE STATEMENT&SERVICE SUPPORT FORM

(Summary of supplies made during the last 3 years and)

Purchaser Details Order No. and Item Details / Qty. Value of Date of Date of actual Reasons for late Has the equipment been
(Address, Contact date order completion of completion of delivery, if any installed satisfactory?
Person, Phone, Email deliver as per delivery (Attach a certificate
etc.) Contract from the Purchaser)

(Details of services / training facilities for same/ similar items which are to be quoted)
Sl. No. Nature of trainingImparted List of similar type of equipment serviced in the past 3 years Address, Telephone Nos. , Fax Nos. and e-mail address

Signature and Seal of the Bidder …………………………….

Place :
Date :
Annexure– V
DEVIATION STATEMENT FORM
(Please indicate compliance or deviation from Bid Document Technical Specifications, ITB Terms, GCC & SCC Terms and Eligibility Requirements

Sl.No. Tender Specifications / Requirements / Specifications of Quote Model Compliance Deviation, if any to be indicated Technical justification for the
Terms / Part /Accessory Whether in unambiguous terms (The deviation, if any. If specification is
Yes of No compliance / Deviation should superior /inferior than asked for in
be supported by relevant the enquiry, it should be clearly
Technical Literature) brought out in the justification

We certify that while filling the above Deviation Statement Form, we have fully read and understood the provisions of Clause 1.28Examination of Terms & Conditions,
Technical Evaluation of ITB (Chapter 1) and we undertake to fully abide by that.

Place:
Date:
Signature of the authorized personnel with seal
NOTE:

1) Where there is no deviation, the statement should be returned duly signed with an endorsement indicating “No Deviations”.
2) If the bidder offers more than one model, then the Compliance Statement must be enclosed for each and every model separately.
3) The technical and commercial deviations should be indicated separately.
4) If the bidder fails to enclose the compliance statement, his bid is likely to be rejected.
Annexure- VI

LOCALCONTENTDECLARATIONFORM

REF: DATE:

To,
The Director,
CSIR – Central Roads Research Institute (CRRI),
New Delhi

Dear Sir,

Sub: Our offer for……. Regarding.

Ref: Dated: Due Date:

As per letter No. P-45021/102/2019-PP(BEII)E-29930) dated 26.11.2020 and OM P-45021/102/2019-PP(BE-II)-BE-


Part-(1)(E-50310) dated 04.03.2021 of Ministry of Commerce and industry, Department for Promotion of Industry and
Internal Trade, it is clarified that bidders offering imported products will fall under the category of Non-local suppliers.
They cannot claim themselves as Class-I local supplier / Class-II local by claiming the services such as transportation,
insurances, installation, Commissioning, training and after sales services support like AMC.CMC etc. as local value addition.

That the local content for all inputs which constitute the said item/service/work has been verified by me and I am
responsible for the correctness of the claims made there in.

Tick (√) and Fill the Appropriate Category

I/ We here by confirm in respect of Quoted items


that Local Content is equal to or more than 50% and come under “Class –I Local supplier”
category.
I/ We (name of the supplier) here by confirm in
respect of quoted items that Local Content is more than 20% but less than 50% and come
under “Class-II Local Supplier” category.
The details of the location (s) at which the local value addition is made and the proportionate value of local content in
percentage.

Signature of the authorized person with seal


……………………………………..

Place :
Date :

Pg.40
Annexure- VII

This Annexure provides brief overview of the main tendering related provisions of various policies of the Govt.
of India (those related to MSEs, Make in India, Start Up India, DPIIT guidelines etc. Bidders are encouraged
in their own interest to go through the original policy documents issued by concerned ministries / departments
as these are revised from time to time. For the purpose of tender evaluation and deciding eligibility /
ineligibility of bidder’s offer, interpretation will be based on the current provisions in the original document of
the concerned policy.

1. The bidder must


1. Comply with Make in India Order No. no.P-45021/2/2017-PP (BE-II) dated 16th September 2020 of
Ministry of Commerce and Industry, Government of India and any amendments thereon.
2. ComplywithOrderNo.P-45021/112/2020-PP(BE-II)(E-
43780)dated24.08.2020ofMinistryofCommerceandIndustry,DepartmentforPromotionofIndustryandInternalTr
adeandanyamendmentsthereon.
2. Purchase Preference to Micro and Small Enterprises (MSEs) and Purchase Preference linked with MAKE
IN INDIA Order shall be applicable subject to full compliance of other terms and conditions of the RFQ /
NIT and Contract,
asperGovernmentofIndiaprocurementpolicies.Thepurchaserintendstogivepurchasepreferenceto:
a. Make in India (as per Order No.P-45021/2/2017-PP (BE-II) dated 16th September 2020 of Ministry of
Commerce and Industry, Government of India. The preference to Public Procurement (Preference to
Make in India) Order20120‟ shall be subject to meeting technical specifications and full compliance of
other terms and conditions of the RFQ/NIT and Contract.
b. Products / goods manufactured by micro and small enterprises as per MSE order 2012 and any
amendments thereon. If the bidder wants to avail the Purchase preferences, the bidder must be the
manufacturer of the offered product in case of bid for supply of goods. Traders are excluded from the
preview of public procurement policy for micro and small enterprises. In respect of bid for services, the
bidder must be the service provider of the offered service. Relevant documentary evidence in this
regard shall be uploaded alongwith the bid in respect of the offered product or service. The aforesaid
Policy is meant for procurement of only goods produced and
ServicesrenderedbyMSEsandnotforanytradingactivitiesbythem.AnMSEunitwillnotgetanyPurchasePrefe
renceoveranyotherMSEUnit.
In case a bidder is eligible to seek benefit under Purchase PP- MAKE IN INDIA policy as well as PPP for
MSE 2012, then the bidder should categorically seek benefits against only one of the two policies i.e. either
MAKE IN INDIA OR MSE policy in BID FORM. The option once exercised cannot be modified
subsequently. Purchase preference benefits shall be extended to the bidder based on the declared option
subject to the bidder meeting the requirements contained in that purchase preference policy.

3. Any bidder from a country which shares a land border with India will be eligible to bid in this tender only
if the bidderis registered with the Competent Authority (Registration Committee as constituted by
Department of Promotion ofIndustry and Internal Trade) and submits a valid registration Certificate.
(please refer to Order no.6/18/2019-PPDdated23July2020andanyamendmentsthereon.)
"Bidder" (including the term 'tendered', 'consultant' or 'service provider' in certain contexts) means any
person or firmor company, including any member of a consortium or joint venture (that is an association
of several persons,
orfirmsorcompanies),everyartificialjudicialpersonnotfallinginanyofthedescriptionsofbidderstatedhereinbef
ore, including any agency branch or Officer controlled by such person, participating in a
procurementprocess.
"BidderfromacountrywhichsharesalandborderwithIndia"forthepurposeofthisordermeans:
a) Anentity incorporated, establishedorregisteredinsuchacountry;or
b) Asubsidiaryofanentity incorporated, establishedorregisteredinsuchacountry;or
c) An entitysubstantiallycontrolledthroughentities incorporated,establishedor registeredinsuch acountry;or
d) Anentity whosebeneficialownerissituatedinsuchacountry;or
e) AnIndian(orother)agent ofsuchanentity;or
f) Anaturalpersonwhoisacitizenofsuchacountry;or
g) Aconsortiumorjointventurewhereanymemberoftheconsortiumorjointventurefailsunderanyoftheab
ove
Thebeneficialownerforthepurposeofabovewillbeasunder
i. In case of a company or Limited Liability Partnership, the beneficial owner is the natural
person(s), who,whether acting alone or together, or through one or more judicial person, has
a controlling owner shipinterestorwhoexercisecontrolthroughothermeans.
Explanation-
a) "Controlling ownership interest" means ownership of a or entitlement to more than twenty-
five percent ofsharesorcapitalorprofitsofthecompany;
b) "Control" shall include the right to appoint majority of the directors or to control the
management
orpolicydecisionsincludingbyvirtueoftheirshareholdingormanagementrightsorshareholdersag
reementsorvotingagreements.
ii. In case of a partnership firm, the beneficial owner is the natural persons(s) who, whether
acting alone ortogether, or through one or more judicial person, has ownership of
entitlement to more than fifteenpercentofcapitalorprofitsofthepartnership;
iii. Incaseofanunincorporatedassociationorbodyofindividuals,thebeneficialowneris the
naturalperson(s), who, whether acting alone or together, or through one or more judicial
person, has ownershipof or entitlement to more than fifteen percent of the property or
capital or profits of such association orbodyofindividuals;
iv. Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner is the
relevantnaturalpersonwhoholdsthepositionofseniormanagingofficial;
v. In case of a trust, the identification of beneficial owner(s) shall include identification of the
author of thetrust, the trustee, the beneficiaries with fifteen percent or more interest in the
trust and any other naturalpersonexercising ultimateeffectivecontroloverthetrust
throughachainofcontrolorownership.
An agent is a person employed to do any act for another, or to represent another in dealings
with thirdperson.

5 Eligibilitywith respecttoMakeIn India


a) In procurement of all goods, services or works in respect of which the Nodal Ministry I
Department hascommunicated that there is sufficient local capacity and local competition,
only 'Class-I local supplier', asdefinedundertheOrderno.P-45021/2/2017-PP(BE-
II)dated16thSeptember2020ofMinistryofCommerceandIndustry,GovernmentofIndia,shallbeelig
ibletobidirrespectiveofpurchasevalue.
b) Only 'Class-I local supplier' and 'Class-Il local supplier', as defined under the Order, shall be
eligible to bid inprocurements undertaken by procuring entities, except when Global tender
enquiry has been issued. Inglobal tender enquiries, 'Non-local suppliers' shall also be eligible to
bid along with 'Class-I local suppliers'and 'Class-Il local suppliers'. In procurement of all goods,
services or works, not covered by sub- para 3(a) ofOrder no.P-45021/2/2017-PP (BE-II) dated
16th September 2020 of Ministry of Commerce and Industry,Governmentof India, andwith
estimatedvalue of purchases less thanRs 200 Crore,in accordance withRule 161(iv) of General
Finance Rules, 2017, Global tender enquiry shall not be issued except with
theapprovalofcompetent authorityasdesignatedby Department ofExpenditure.

6 PurchasePreferencePolicies:
A) PurchasePreferencePolicy in respectofMSEs
a) The purchaser intends to give product reservation/purchase preference/price preference in line
with
currentGovt.ofIndiaprocurementpoliciestohelpinclusivenationaleconomicgrowthbyprovidinglongter
msupporttoMicroandSmallenterprisesanddisadvantagedsectionsofthesocietyandtoaddressenviron
mentalconcernsalongwithpreferentialmarket accessingovt.procurements.
b) A bidder in the category of Micro and Small Enterprises (to be supported by valid documents – to be
uploadedalong with technical bid), qualifying for price-bid and quoting price within price band of
L1+15 percent shall alsobe allowed to supply a portion of requirement by bringing down their price
to L1 price in a situation where L1price is from someone other than a Micro and Small Enterprise
shall be allowed to supply upto 25 percent of thetotaltenderedvalue(ratioofnon-
MSMEandMSMEwillbe80:20).
c) IncasemorethanonesuchMicroandSmallEnterprise,thesupplyshallbesharedproportionately.
d) IfthelowestisMSMEthentheentireorderwillbefinalizedonL1.
B) PurchasePreferencePolicyin respectofMake inIndia
a) Subject to the provisions of Order no.P-45021/2/2017-PP (BE-II) dated 16th September 2020 of
Ministry ofCommerce and Industry, Government of India and to any specific instructions issued by
the Nodal Ministry or inpursuance of this Order, purchase preference shall be given to Class-I local
supplier' in procurements undertakenby procuringentitiesinthemannerspecifiedhereunder.
b) 0In the procurements of goods or works, which are covered by para 3(b) of Order no.P-
45021/2/2017-PP (BE-II)dated 16th September 2020 of Ministry of Commerce and Industry,
Government of India above and which aredivisible in nature, the 'Class-I local supplier' shall get
purchase preference over 'Class-Il local supplier' as well as'Non-
localsupplier',asperfollowingprocedure.
i. Among all qualified bids, the lowest bid will be termed as L1 If L1 is 'Class-I local supplier', the
contract for fullquantity willbeawardedtoL1.
ii. If L1 bid is not a 'Class-I local supplier', 50% of the order quantity shall be awarded to L1. Thereafter,
the lowestbidder among the 'Class-I local supplier' will be invited to match the L1 price for the
remaining 50% quantitysubjecttotheClass-
Ilocalsupplier'squotedpricefall1ngwithinthemarginofpurchase

Preference, andcontract for that quantity shall be awarded to such 'Class-I local supplier' subject to
matchingthe L1 price. In case such lowest eligible 'Class-I local supplier' fails to match the L1 price
or accepts less than theoffered quantity, the next higher Class-I local supplier' within the margin of
purchase preference shall be
invitedtomatchtheL1priceforremainingquantityandsoon,andcontractshallbe
Awarded accordingly.In case some quantity is stiL1 left uncovered on Class-I local suppliers, then
such balancequantity mayalsobeorderedontheL1bidder.
c) In the procurements of goods or works, which are covered by para 3(b) Order no.P-45021/2/2017-
PP (BE-II)dated 16th September 2020 of Ministry of Commerce and Industry, Government of India
and which are notdivisible in nature, and in procurement of services where the bid is evaluated on
price alone, the 'Class-I localsupplier'shallgetpurchasepreferenceoverClass-
Illocalsupplier'asweL1as'Non-localsupplier',asperfollowingprocedure.
i. Among all qualified bids. the lowest bid will be termed as L 1 . If L1 is 'Class-1 local supplier',
the contractwillbeawardedtoL1.
ii. If L1 is not 'Class-I local supplier', the lowest bidder among the 'Class-I local supplier', will be
invited tomatch the L1 price subject to Class-I local supplier's quoted price fall1ng within the
margin of purchasepreference. And the contract shall be awarded to such 'Class-I local
supplier' subject to matching the L1price.
iii. In case such lowest eligible 'Class-I local supplier' fails to match the L1 price, the Class-I local
supplier' withthe next higher bid within the margin of purchase preference shall be invited to
match the L1 price and soon and contract shall be awarded accordingly. In case none of the
'Class-I local supplier' within the
marginofpurchasepreferencematchestheL1price,thecontractmaybeawardedtotheL1bidder.
d) "Class-Illocalsupplier"willnotget purchasepreferenceinanyprocurement,undertakenbyprocuringentities.
C) Purchase Preference to Micro and Small Enterprises (MSEs) and Purchase Preference linked with
MAKE IN INDIAOrder shall be applicable subject to full compliance of other terms and conditions of
the RFQ / NIT and Contract.AsperGovernmentofIndiaprocurementpolicies.
Thepurchaserintendstogivepurchasepreferenceto:
1. Make in India (as per Order no.P-45021/2/2017-PP (BE-II) dated 16th September 2020 of Ministry of
Commerce andIndustry, Government of India. The preference to Public Procurement (Preference to
Make in India) Order 20120‟shall be subject to meeting technical specifications and full compliance of
other terms and conditions of the RFQ /NITandContract.
2. Products / goods manufactured by micro and small enterprises as per MSE order2012 and any
amendmentsthereon. If the bidder wants to avail the Purchase preferences, the bidder must be the
manufacturer of the offeredproduct in case of bid for supply of goods. Traders are excluded from the
preview of public procurement policy formicro and small enterprises. In respect of bid for services, the
bidder must be the service provider of the offeredservice. Relevant documentary evidence in this
regard shall be uploaded along with the bid in respect of the offeredproduct or service. The aforesaid
Policy is meant for procurement of only goods produced and Services rendered byMSEs and not for any
trading activities by them. An MSE unit will not get any Purchase Preference over any otherMSEUnit.
In case a bidder is eligible to seek benefit under Purchase PP- MAKE IN INDIA policy as well as PPP for
MSE 2012, thenthe bidder should categorically seek benefits against only one of the two policies i.e. either
MAKE IN INDIA OR MSEpolicyinBIDFORM.Theoptiononceexercisedcannot bemodifiedsubsequently.
Purchase preference benefits shall be extended to the bidder based on the declared option subject to the
biddermeetingtherequirementscontainedinthatpurchasepreferencepolicy.

D) For price matching opportunitiesand distribution of quantities among bidders (bidder’s


optiontoavailany oneout of two applicable purchase preference policies, i.e., MAKE IN INDIA 2020 or
PPP-2012will be considered),the precedenceshallbeinthefollowingorder:
a. PublicProcurementPolicyforMSE2012
b. PurchasePreferenceMAKEININDIA2020
1. PurchasepreferenceshallbegiventoallClassIandClassIIlocalsuppliersinallprocurementsundertakenbythepurc
haserinthefollowingmanner:
(a) Where the purchaser has restricted the eligibility of suppliers to Indian suppliers only as per para 23
of theinvitationtobid
(b) In the procurements of goods or works, which are covered by para 3(b) of Order no.P-45021/2/2017-PP
(BE-II) dated16th September 2020 of Ministry of Commerce and Industry, Government of India and
which are divisible innature, the 'Class-I local supplier' shall get purchase preference over 'Class-Il local
supplier' as well as 'Non-localsupplier',asperfollowingprocedure.
i. Among all qualified bids, the lowest bid will be termed as L1. If L1 is 'Class-I local supplier', the
contract for fullquantity willbeawardedtoL1.
ii. If L1 bid is not a 'Class-I local supplier', 50% of the order quantity shall be awarded to L1.
Thereafter, the lowestbidderamongthe'Class-
Ilocalsupplier'willbeinvitedtomatchtheL1pricefortheremaining50%quantity
Subject tothe Class-Ilocalsupplier's quotedprice fallingwithinthe marginofpurchase
preference,andcontract for that quantity shall be awarded to such 'Class-I local supplier' subject to
matching the L1 price. Incase such lowest eligible 'Class-I local supplier' fails to match the L1 price
or accepts less than the offeredquantity, the next higher Class-I local supplier' within the margin of
purchase preference shall be invited tomatch the L1 price for remaining quantity and so on, and
contract shall be awarded accordingly. In case somequantity is still left uncovered on Class-I local
suppliers, then such balance quantity may also be ordered on theL1bidder.
(c) In the procurements of goods or works, which are covered by para 3(b) of Order no.P-
45021/2/2017-PP (BE-II) dated 16th September 2020 of Ministry of Commerce and Industry,
Government of India and which are notdivisible in nature, and in procurement of services where
the bid is evaluated on price alone, the 'Class-I localsupplier'shallgetpurchasepreferenceoverClass-
Illocalsupplieraswellas'Non-localsupplier',asperfollowingprocedure.
i. Among all qualified bids. the lowest bid will be termed as L1 . If L1 is 'Class-1 local supplier', the
contract willbeawardedtoL1.
ii. If L1 is not 'Class-I local supplier', the lowest bidder among the 'Class-I local supplier', will be
invited to matchthe L1 price subject to Class-I local supplier's quoted price falling within the
margin of purchase preferenceandthecontractshallbeawardedtosuch'Class-
Ilocalsupplier'subjecttomatchingtheL1price.
iii. Incasesuchlowesteligible'Class-IlocalsupplierfailstomatchtheL1price,theClass-
Ilocalsupplier'withthe next higherbidwithinthe margin of purchase preference shallbe invitedto
match the L1 price and soon and contract shall be awarded accordingly. In case none of the
Class-I local supplier' within the margin
ofpurchasepreferencematchestheL1price,thecontractmaybeawardedtotheL1bidder.
(d) "Class-
Illocalsupplier"willnotgetpurchasepreferenceinanyprocurement,undertakenbyprocuringentities.
(e) Margin of Purchase Preference will be as per Order no.P-45021/2/2017-PP (BE-II) dated 16th
September2020ofMinistry ofCommerceandIndustry,Government ofIndia
2. Further, In tender, where the items are divisible, the participating Micro and Small Enterprises (MSE)
quoting pricewithin price band of L1+15 (fifteen) per cent shall also be allowed to supply a portion of
requirement by bringing downtheir price to L1 price in a situation where L1 price is from someone other
than a MSE and such MSE shall be allowed tosupply up to 25 (twenty) per cent of total tendered value. The
25 (twenty) per cent quantity is to be
distributedproportionatelyamongthesebidders,incasetherearemorethanoneMSMEswithinsuchpriceband.
3. Within this 25% (Twenty Percent) quantity, a purchase preference of four per cent (that is, 20 (twenty) per
cent out of25 (twenty) per cent) is reserved for MSEs owned by Scheduled Caste (SC)/Scheduled Tribe (ST)
entrepreneurs (if theyparticipate in the tender process and match the L1 price). Provided that, in event of
failure of such SC/ST MSE toparticipate in tender process or meet tender requirements and L1 price, four
per cent sub-target shall be met fromotherMSE.
4. In case the items are not divisible, then the MSE quoting price within price band L1 + 15% may be awarded
forfull/completesupplyoftotaltenderedquantitytoMSE,consideringthespiritofthepolicyforenhancingtheGove
rnmentprocurement fromMSEs
5. In case a bidder is eligible to seek benefit under Purchase PP- MAKE IN INDIA policy as well as PPP for MSE
2012, thenthe bidder should categorically seek benefits against only one of the two policies i.e. either
MAKE IN INDIA OR MSEpolicyinBIDFORM.Theoptiononceexercisedcannot bemodifiedsubsequently.
6. Purchase preference benefits shall be extended to the bidder based on the declared option subject to the
biddermeetingtherequirementscontainedinthatpurchasepreferencepolicy.
7. For price matching opportunities and distribution of quantities among bidders (bidder’s option to avail any
one out oftwo applicable purchase preference policies, i.e., MAKE IN INDIA 2020 or PPP-2012 will be
considered), the precedenceshallbeinthefollowingorder:
i. PublicProcurementPolicyforMSE2012
ii. PurchasePreferenceMAKEININDIA2020

NOTE ABOUT ‘LOCAL CONTENT’:As per Letter No.P-45021/102/2019-PP(BE-II)(E-29930)dated26.11.2020andOMP-


45021/102/2019-PP(BE-II)-BE-Part-(1)(E-50310)dated04.03.2021ofMinistryofCommerceandIndustry,Department for Promotion
of Industry and Internal Trade, it is clarified thatbidders offering imported products will fall under the category of Non-
localsuppliers. They cannot claim themselves as Class-I local supplier / Class-IIlocal supplier by claiming the services such as
transportation
,Insurances,Installation,Commissioning,trainingandaftersalesservicessupportlikeAMC/CMCetc.aslocalvalueaddition.

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