Annexure B

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SPECIFIC TERMS & CONDITIONS ( Commercial)

ENQUIRY : T7F1K45691 DT.27.05.2011


PROJECT : MSIL MANESAR-V, HARIYANA STATE
SL.NO DETAILED TERMS & CONDITIONS VENDOR RESPONSE
A SCOPE OF SUPPLY:
i
Supply of HSD 25&6 MIC FILTER SKIDS along with commissioing spares for MSIL MANESAR-V
PROJECT as per BHEL spec: GT57919, Rev:00, Var:01 Qty: 1 set
B. COMMERCIAL TERMS AND CONDITIONS:
1 BIDDING DETAILS:
a) It is a Two part bid Tender
b) Two Part Bid consist of
i)Techno commercial Bid, with all technical specification & scope including bill of material etc and all
applicable Commercial Terms and Conditions, the duties, taxes and other charges except the price,
AND
ii) Price Bid, containing ONLY the price and the applicable duties/tax/other charges and shall not
contain any technical and commercial terms and conditions
Above should be submitted in separate sealed covers putting these in third cover.
The details like Tender No, Due Date, Technical Bid or Price Bid as the case may be shall be clearly
super-scribed on each cover. The cover containing both technical and commercial bid covers shall be
superscribed with Tender No. and due date.
c)Techno-commercial Bid will be opened first and after freezing technical and commercial conditions
only, the Price Bid will be opened.
d)The date for the price bid opening shall be intimated to all the Techno-commercially qualified Bidders
before Price Bid is opened.
e) The bidder (s) will also be informed ,if their Tehno commercial bid is not acceptable
f)Bidders will be allowed to submit the impact on their quoted prices due to changes in technical scope,
specifications, commercial terms/conditions, only if in the opinion of BHEL such changes warrant
changes in prices. BHEL may also accept revised prices if there are major changes in scope. The decision
to invite revised price bid will be solely decided by BHEL.
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BHEL reserves the right to go for Reverse Auction instead of Opening the sealed price bid, to
be submitted . This will be decided after techno-commercial evaluation and the same shall be
informed to the acceptable bidders
3 Packing & Forwarding : Included in order value
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Excise Duty : To be quoted % extra. The same shall be paid on submission of Original Excise Duty gate
pass/Original Excise invoice(original for buyer) to avail modavate/reimbursement from our customer
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Taxes: Sales/CST/VAT to be quoted % extra.
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Freight and Insurance up to MSIL MANESAR-V,HARIYANA STATE to be quoted Extra
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Terms of Delivery: FOR -MSIL MANESAR-V,HARIYANA STATE SITE
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Delivery Schedule : 6 months from the date of PO .
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Payment Terms:
a)Supply: 90% against despatch documents and after receipt of materials at site ( payable on site
certification) and balance 10% against performance BG (from a nationalised Bank) for the 10% of order
value valid for guarantee period and submission of E1 forms,O&M Manuals ,final drawings etc. All
documents are to be submitted directly to us,and not through Bank.
ANNEXURE - BB
DESCRIPTION : HSD 25&6 MIC FILTER SKIDS-MSIL MANESAR-V.
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b) Payment shalll be made with in 90 days(45 days incase of Industries registered as SSI with BHEL) after
receipt of clear bill along with relevant supporting documents from you (applicable to every bill ).
c) No advance payment is acceptable . In case BHEL considers any deviation in payment terms i.e. early
payment ,then it will be loaded @ 2 % per month for deviation in payment terms on vendors quoted
prices while evaluating the tender priority.
d) The successful bidder to furnish Contract Performance Bank Guarantee for 10% of contract value
within 20 days from the date of receipt of PO valid till completion of the contract + 3 months claim
period.
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FIRM PRICES: Quoted prices, after placement of PO, shall be firm and valid till complete execution of
the order without any escalation/increase for any reason whatsoever
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PRICE VALIDITY :a) Main Equipment: Price quote shall be valid for 3 months from the date of Price Bid
opening .b)Spares: The price quote shall be valid for a period of 180 days from the date of Placement of
PO for the main equipment.
12 The materials shall be delivered to site directly ,on door delivery basis with CC attached.
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Penality Clause: a)Penalty ( not liquidated damages) will be levied @ 1/2% per week upto the maximum
of 10% on undeliverd portion of the order value . b) No grace period shall be allowed for calculating
penalty period. Any deviation in penalty clause shall be considered by loading difference in quote
towards penalty clause on vendors quoted prices while evaluating the tender priority.
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Guarantee Clause; Full Guarantee for the performance of the equipment and total system ,for a period of
24 months from the date of despatch or 18 months from the date of commissioning ,which ever is
earlier,shall be furnished .
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If there is any deviation or non-conformance to the above terms ,your offer is likely to be rejected.
a) PRICE BIDS SHALL BE EVALUATED ON LANDED COST basis to BHEL (after considering
CENVAT/VAT benefit, if any) and w.r.t the Finalised Technical Scope and Commercial conditions
only.
b) In case BHEL decides to Load the vendor/vendors on any deviation in Commercial terms and
conditions whatsoever, it shall intimate in advance such criteria for loading to the concerned vendors
before price bid opening
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Inspection-Inspection of the items shall be done by BHEL/BHEL nominated inspection agency for which
charges shall be to BHEL account.
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RIGHT OF REJECTION /NON- PALCEMENT OF PO :BHEL RESERVES ALL RIGHTS FOR
REJECTING ANY OR ALL OFFERS WITHOUT ASSIGNING ANY REASON IN THE INTERESTS OF
BHEL.
NOTE TO VENDORS:
Signature of Vendor
with date & seal
c) Commercial Conditions quoted in any place other than this format , including stated in Vendors General Terms and conditions
enclosed if any , shall be summarily ignored and will be invalid for evaluation of the Preferred Bidder.
d) Vendors to note that the above are specific Terms & conditions only .
a) Vendors to indicate their response to each of the above clauses either by YES or NO in the Vendor Response column.
b) Vendors , taking deviations from the specified conditions , may indicate the same clearly in Vendor Response column and if
needed on a seperate sheet, with reasons for such deviation and in such a case BHEL reserves the right to reject the offer
summarily or load the vendor suitably - solely at its discretion and in its interests.
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