NUCLEAR POWER CORPORATION OF INDIA LTD

[A Government of India Enterprise]

KUDANKULAM NUCLEAR POWER PROJECT

P.O., Kudankulam – 627106

Tirunelveli District, Tamil Nadu
Phone: 04637-282183; Fax: 04637-282197;
[email protected]

Provisional GST ID Number : 33AAACN3154F2ZW

INVITATION TO TENDER

Tender No. KKNPP/CMM/15636 DATED:- As per NIT

Last date for receipt of bids As per NIT

Dear Sir,

For and on behalf of Nuclear Power Corporation of India Ltd., Site Director CMM invites
bids for the supply of Stores detailed in the Form No. CMM-22A/Rev.4. Any contract against this
tender will be governed by General Conditions of Contract contained in form No. CMM-22/Rev.4
and *Special Commercial Terms and Conditions annexed herewith. If you are in a position to quote
for the supply in accordance with the requirement stated in the attached online form, please submit
your bid in the online tender form CMM-22A/Rev.4.

Your bid must be submitted in on-line bidding forms at http://npcil.etenders.in only on or

before the due date and time mentioned above.

Yours faithfully,

R. Balasubramanian
SM (C&MM)
For and on behalf of Nuclear Power Corpn. of India Ltd.
(The Purchaser)

1
 INSTRUCTIONS TO TENDERERS

1. The bid (E-bid) shall be submitted in E-mode at our NPCIL E-Tendering Web Site i.e.
https://npcil.etenders.in on or before the due date and time. It is in the interest of the
Tenderers to ensure that the e-Bids are submitted well in time. e-Bids shall be submitted only
on our NPCIL e-Tendering Web Site i.e. https://npcil.etenders.in Bids in hard copy/any other
form shall not be accepted in any case.

2. The system will not allow submitting E-bids after last date and time. Therefore, the bidder
shall ensure the submission of E-bids well within the due date and time.

3. The delivery of all items contained in the tender shall be made in one lot. As such, no prorata
delivery shall be permitted unless asked for nor will any price variation be allowed.

4. (a) The bids shall remain valid for acceptance for 90 days from the due date of tender.
(b) Prices are required to be quoted according to units indicated in the annexed Tender
Form. When bids are given in terms of units other than those specified in the Tender
Form, relationship between the two sets of units must be furnished.

5. The prices quoted shall be on free and safe delivery basis to the place of delivery mentioned
in the tender. These prices shall remain FIRM throughout the currency of contract. Ex-stock
delivery will be preferred. If ex-stock delivery cannot be offered, earliest guaranteed delivery
date by which time the stores can be supplied shall be indicated.

6. Price Quote shall be FOR Purchaser’s Site including GST and all other indirect taxes &
duties. Freight and Transit Insurance Charges shall be included in the Price Quoted.

7. Bid should contain bidder’s specific confirmation regarding compliance of all

commercial terms and conditions of the Tender as per ITT (Section-A), General
Conditions of Contract, Special Conditions of Contract (Section B) and Section ‘D’ (if
applicable). The Bidders, in addition, should mention applicability of Statutory Levies
like Goods and Services Tax (CGST / SGST / UTGST / IGST) etc. and all other related
information. The input tax credit benefits available to Indian manufacturers / dealers /
contractors, etc, shall, however, be taken into consideration in quoted prices and the
Bidder shall pass on the benefits to the Purchaser.

8. GST as applicable during the contractual delivery period shall be reimbursed by the
purchaser at actual against submission of a certificate from the contractor.

9. In case of increase in existing taxes / duties and any other new indirect taxes / cess, if
levied by Government during the contractual delivery period, the same shall be
reimbursed / paid by the Purchaser, as the case may be, at actual against documentary
evidence and on submission of a certificate from the contractor. This provision shall
not apply to changes in Personal Income tax or Corporate Income tax or to changes in
non-Indian Taxes.

10. Any contract pursuant to this tender shall be governed by General Conditions of Contract
governing supply of stores as per Form No. CMM-22/Rev.4 and *Special Commercial Terms
and Conditions enclosed herewith. Accordingly, the Tenderer shall submit his bid strictly as
2
 per the Terms and Conditions contained therein. *Special Commercial Terms and Conditions
shall prevail over the General Conditions of Contract Form No. CMM-22/Rev.4 to the extent
of difference between them. In exceptional cases, if any deviations are proposed these must
be clearly stated in the bid and incorporated as Annexure-'B' to the tender form. The right to
accept or reject these deviations is absolutely reserved by the Purchaser.

11. Bids seeking deviations from the above mentioned terms and conditions of the tender are
liable to be rejected.

12. The Purchaser reserves the right to accept or reject, lowest or any bid, in whole or in part,
without assigning any reasons whatsoever and without any liability to the Purchaser. The
Tenderer not withstanding that his bid has not been accepted in whole shall be bound to
supply such item or items and such portion or portions of one or more items, as may be
accepted by the Purchaser.

13. Scanned copy of the latest Income Tax Clearance Certificate/Scanned copy of the latest
Income Tax returns filed with Income Tax Department duly attested by the tenderer shall be
uploaded with the bid without fail.

14. Tenderer’s GST Identification Number (GSTIN) should be indicated in the bid.

15. If registered with NPCIL/DGS&D/NSIC/SSI/DPS etc., registration details should be

indicated in the bid.

16. Purchase Preference for supply of goods or services as per new Public Procurement Policy
for Micro & Small Enterprises (MSEs) under Micro, Small and Medium Enterprises
Development Act, 2006 (Subject to meeting Qualifying Requirement, if any)

As per the provision of MSEs Policy, the participating bidder registered under MSEs Act in a
tender for supply of goods or services, quoting price within the band of L1+15% would be
allowed to supply a portion of the requirement by bringing down their price to the L1 price,
in a situation where L1 price is from someone other than an MSE. Such MSEs would be
allowed to supply up to 20% of the total tendered value. In case of more than one such
eligible MSE, the supply will be shared proportionately. Further, out of 20% allocation, a
sub-target of 4% (i.e. 20% out of 20%) will be earmarked for procurement from MSEs owned
by SC/ST entrepreneurs. However, in the event of failure of such MSEs to participate in the
tender process or meet the tender requirements and the L1 price, the 4% sub-target for
procurement earmarked for MSEs owned by SC/ST entrepreneurs will be met from other
MSEs proportionately.

In case a tendered item is non-splitable or non-divisible, MSE quoting Price within the Price
– band of “L1- Price (Other than MSE) + 15%” may be awarded for full/ complete value of
supplies, subject to matching of the L1 Price.

The MSEs, who are interested in availing themselves of these benefits, will enclose with their
offer the proof of their being MSE registered with any of the agencies mentioned in
notification No.503 dated 26.03.2012, as printed in the Gazette of India indicated below :
(i) District Industries Centers
(ii) Khadi and Village Industries Commission
(iii) Khadi and Village Industries Board
(iv) Coir Board
(v) National Small Industries Corporation
(vi) Directorate of Handicraft and Handloom
(vii) Any other body specified by Ministry of MSME.
3
 The MSEs must also indicate the terminal validity date of their registration. Failing of the
above requirements, such offers will not be eligible for consideration of benefits detailed in
notification No.503 dated 26.03.2012, as printed in the Gazette of India.

The contractor on whom the contract may be entered into against this tender shall furnish the
Purchaser, the details of the sub-contractors meeting any part of contract execution herein and
who qualify as MSE’s as per the Micro, Small and Medium Enterprises Development Act,
2006 and amendments to same.

17. Civil Liability for Nuclear Damages (CLND) Act 2010 & Rule 2011 thereof:

Subsequent to the enactment of CLND Act 2010 and Rule 2011, the Purchaser shall have
Right to Recourse against the contractor in accordance with provisions under Section 17(a) of
Civil Liability for Nuclear Damage Act, 2010, as referred in GCC.

To have clarity on the terms used in the CLND Act 2010 and Rule 2011 pertaining to Right
to Recourse, following definition to be considered by the bidder before submission of bids.

i. “Contractor” – shall be as per applicable GCC.

ii. “Supplier” shall be as defined in CLND Rule 24-2.
iii. “Product Liability Period (PLP)” shall be as defined in CLND Rule 24-2.

Explanation w.r.t. GCC: In case of supply of equipment(s), PLP shall be the

Defect Liability Period plus contractual Latent Defect Liability Period, where
as in case of services, PLP shall be up to Defect Liability period as defined in
applicable GCC.
iv. “Initial License” (Refer CLND Rule 24-2): The initial license, unless otherwise
specified, is valid for a period of five years from the date of its issue by AERB.

* Strike off if not applicable

***

4
 FORM NO. CMM – 22/Rev.4

NUCLEAR POWER CORPORATION OF INDIA

LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
DIRECTORATE OF CONTRACTS AND MATERIALS MANAGEMENT

GENERAL CONDITIONS OF CONTRACT

GOVERNING SUPPLY OF STORES

APPLICABLE TO THE CONTRACTS FOR

INDIGENOUS STORES PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED

5
 INDEX

LIST OF CONTENTS

CLAUSE PAGE
TITLE
NO. NO.
01 PREAMBLE 03
02 DEFINITIONS 03
03 SUBLETTING OR ASSIGNMENT OF CONTRACT 05
04 CONTRACT SPECIFICATIONS AND DRAWINGS 05
05 ALTERATION OF SPECIFICATION, PATTERNS & DRAWINGS 06
06 MISTAKES IN DRAWINGS 06
07 CONTRACTOR'S LIABILITY FOR DEFECTIVE STORES 06
08 WARRANTY 07
09 CONTRACT PRICE / RATE 07
10 SAMPLES 07
11 PACKING & MARKING 07
CONTRACTOR'S LIABILITY REGARDING DESPATCH /
12 08
DELIVERY
13 INSURANCE 08
14 DELIVERY SCHEDULE 08
15 FORCE MAJEURE 10
QUALITY SURVEILLANCE, INSPECTION, ACCEPTANCE AND
16 10
REJECTION
17 RECOVERY OF SUMS DUE 11
18 MODES OF PAYMENT 12
19 TERMS OF PAYMENT 12
20 SUPPLY OF FREE ISSUE MATERIAL (FIM) 13
21 EXERCISING THE RIGHTS & POWERS OF THE PURCHASER 14
22 INDEMNITY 15
23 ARBITRATION 15
24 PERMITS & LICENCE 16
25 INSPECTION & FINAL ACCEPTANCE TEST 16

6
CLAUSE PAGE
TITLE
NO. NO.
TITLE TO THE PLANT / EQUIPMENT / MACHINERY /
26 16
INSTRUMENTS
27 TRAINING 16
28 OPERATION INSTRUCTION MANUAL 17
29 LAW GOVERNING THE CONTRACT 17
30 JURISDICTION 17
31 SECRECY 17

LIST OF ANNEXURES / APPENDICES

FORMAT FOR “INDEMNITY BOND AGAINST FREE ISSUE
ANNEXURE – A :
MATERIAL”
APPENDIX - A : FORMAT FOR “CERTIFICATE TOWARDS EXCISE DUTY”

APPENDIX - B : FORMAT FOR “CERTIFICATE TOWARDS SALES TAX”

APPENDIX - C : FORMATE FOR “CERTIFICATE TOWARDS SERVICE TAX”

7
 CMM-22/Rev. 4
GENERAL CONDITIONS OF ALL CONTRACTS
FOR INDIGENOUS STORES
PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)

GENERAL CONDITIONS OF CONTRACT

1 PREAMBLE

1.1 The scope of the Contract shall be design, manufacture, supply, inspection, test, erect and
commission, as the case may be, of the Stores, plants, materials, components, equipment,
machineries, instruments, appliances and accessories, in accordance with the technical
specifications and drawings of the Contract documents.

1.2 The General Conditions of Contract (Form No. CMM-22/Rev.4) shall form a part of the
Contract.

1.3 In case of any conflict between the terms and conditions of the General Conditions of
Contract (Form No. CMM-22/Rev.4) and the conditions as may be stipulated in the
Contract, the latter shall prevail to the extent applicable.

2 DEFINITIONS

2.1 "PURCHASER" shall mean Nuclear Power Corporation of Limited, A Government of

India Enterprise acting through Site Director, Contracts & Materials Management
(hereinafter called NPCIL).

2.2 “SITE DIRECTOR", Contracts and Materials Management, shall mean Site Director,
Contracts & Materials Management of NPCIL and includes any other officer entrusted with
the function of Contracts and Materials Management (CMM) by NPCIL.

2.3 "INSPECTOR” shall mean any person appointed by or on behalf of the Purchaser to
inspect or carry out quality surveillance on supplies, stores or work under the Contract or
any person deputed by the Inspector for the said purpose.

2.4 "ENGINEER" shall mean the person nominated by the Purchaser to carry out all
engineering functions concerning the contract including interalia approval of
manufacturing, drawings, post contract technical follow up, accounting of free issue
materials where involved and such other technical functions.

2.5 "PARTICULARS" shall mean the following: --

2.5.1 Specification(s);

2.5.2 Drawing(s);

2.5.3 Sealed pattern denoting a pattern sealed and signed by the Inspector;

8
2.5.4 Proprietary make denoting the produce of any individual firm; and

2.5.5 Any other details governing the construction, manufacture and/or supply as provided in the
Contract.
2.6 "PARTIES” to the Contract are the Contractor named in the Contract and the Purchaser.

2.7 "CONTRACTOR” shall mean firm or company with whom or with which the order for
the supply of Stores is placed and shall be deemed to include the Contractor’s legal
successors and/or assignees (approved by the Purchaser), representatives, heirs, executors
and administrators unless excluded by the Contract.
2.8 "STORES” shall mean and include what the Contractor agreed to supply under the
Contract as specified in the Contract and shall include inter-alia goods and materials,
equipment, machinery, components, instruments, appliances, accessories and plant

2.9 “CONTRACT” or "PURCHASE ORDER” shall mean the communication or document

signed for and on behalf of the Purchaser by an Officer duly authorised confirming the
acceptance for and on behalf of the Purchaser on the terms and conditions mentioned or
referred to in the said communication or document including all attachments and
appendices thereto while accepting the Tender or Offer of the Contractor for supply of
Stores and any subsequent amendments thereto made on the basis of mutual agreement.

2.10 "SHIPPING RELEASE" shall mean the document issued by the inspector or the
inspection agency nominated by the Purchaser authorising the Contractor to ship the Stores
on satisfactory completion of inspection.

2.11 "GUARANTEE PERIOD" or" WARRANTY PERIOD" shall mean the period during
which the Contractor shall remain liable without any extra cost to the Purchaser for repair,
replace or rectify any defective part or performance of the Stores supplied under the
Contract.

2.12 "BID" shall mean and include offer and quotation.

2.13 "PERFORMANCE TEST" shall mean all operational checks and tests required to
determine the performance parameters including inter-alia capacity, efficiency and
operating characteristics of the Stores as specified in the Contract.

2.14 "ACCEPTANCE” shall mean and deemed to include one or more of the following as
stipulated in the tender:

a) the written acceptance of stores by the Inspector at Contractor's works to ship the
materials;

b) acceptance of the stores at Purchaser's Site Stores after its receipt and due inspection and
release of Material Receipt Voucher. Where the scope of the Contract is only supply, the
acceptance should be completed within 75 (seventy five) days from the date of receipt of
Stores at Purchaser's Site subject to Contractor meeting the requirements stipulated in the
Contract.
c) Where the scope of the Contract includes supply, erection and commissioning,
acceptance shall mean issue of necessary Material Receipt Voucher after commissioning

9
 and final acceptance of Equipment, Machinery and Instrument etc. which should be
completed within 75 (seventy five) days from the date of commissioning of the Stores at
Purchaser's Site subject to Contractor meeting the requirements stipulated in the
Contract.

3 SUBLETTING OR ASSIGNMENT OF CONTRACT

3.1 The Contractor shall not sublet, transfer or assign the Contract or any part thereof or bills or
any other benefits, accruing there from or under the contract without the prior written
consent of the Purchaser. However, such consent shall not be unreasonably withheld by the
Purchaser, if such stores are not normally manufactured by the Contractor. Such assignment
or sub-letting shall not relieve the Contractor from any contractual obligation or
responsibility under the Contract.

3.2 Any breach of this condition shall entitle the Purchaser to cancel the Contract or any part
thereof and to purchase from other sources at the risk and cost of the Contractor in terms of
clause no. 15.2 hereof and/or recover from the Contractor damages arising from such
cancellation.

3.3 In case the Contractor sublets, transfers or assigns any part of the Contract with the prior
written consent of the Purchaser, all payments to the sub-Contractor shall be the
responsibility of the Contractor and any requests from such Sub-Contractor shall not be
entertained by the Purchaser.

4 CONTRACT SPECIFICATIONS AND DRAWINGS

4.1 Quality and Workmanship

4.1.1 The Stores shall be brand new, of the best quality and workmanship and shall comply in all
respects with Particulars of the Contract.

4.1.2 The Contractor shall be deemed to have carefully examined all Contract documents and
obtained clarifications from the Purchaser where needed to his entire satisfaction before
submitting the bid. In particular and without prejudice to the foregoing conditions and in
addition thereto, when tenders are called for furnishing Particulars, the Contractor’s tender
to supply in accordance with such Particulars shall be deemed to be an admission on his
part that he has fully acquainted himself with the details thereof and no claim on his part
which may arise on account of non-examination or misunderstanding of the Particulars will,
in any circumstances, be considered by the Purchaser or be recoverable from him.

4.1.3 The Contractor shall be responsible for and shall pay for any alterations of Stores and shall
indemnify the Purchaser for any consequential expenditure incurred by the Purchaser due to
any discrepancies, errors or omissions in the drawings or other Particulars supplied by the
Contractor whether such drawings or specifications have been approved by the Purchaser or
not.

10
4.2 Any fittings or accessories which may not be specifically mentioned in the Specifications or
Particulars but which are usual or necessary for proper and efficient functioning of the
Stores as per the specification of the tender shall be supplied by the Contractor without
extra charge to the Purchaser; the Stores supplied shall be complete in all respects.

5 ALTERATION OF SPECIFICATIONS, PATTERNS AND DRAWINGS

5.1 The Purchaser reserves the right to alter whenever necessary specifications, patterns and
drawings. As from that date, the Stores shall be in accordance with the specifications;
patterns and drawings so altered, which the Contractor is bound to comply with.

5.2 In the event of such alteration involving a revision in the cost, or in the delivery period the
same shall be discussed and mutually agreed to taking into account the unit rates of similar
items in the Contract. In case of disagreement, the decision of the Purchaser, in the cost or
the delivery period, shall be final and conclusive.

6 MISTAKES IN DRAWINGS

The Contractor shall be responsible to make all necessary alterations of the Stores which
are occasioned due to any discrepancies, errors or omission in the drawings or Particulars
submitted by the Contractor irrespective of whether these have been approved by the
Purchaser or not. If the Contractor fails to make such alterations, the Purchaser may do so at
the risk and cost of Contractor.

7 CONTRACTOR'S LIABILITY FOR DEFECTIVE STORES

7.1 The Purchaser may accept the Stores, if it is complete in all respects or alternatively accept
the same on such terms as may be considered appropriate. If the Stores after the acceptance
thereof is discovered to have defects, latent or otherwise, notwithstanding that such defects
could have been discovered at the time of inspection, or any defects therein are found to
have developed during the Guarantee Period while under proper use or subsequently it is
found that Stores failed to fulfill the requirements or Particulars of the Contract or
developed defects after erection within a period of 12 (twelve) months from the date of
acceptance, the Purchaser shall be entitled to give a notice to the Contractor within 14
months from the date of acceptance of stores setting forth details of such defects or failure
and the Contractor shall forthwith make the defective Stores good or alter the same to make
it comply with the requirements of the Contract at his own cost. Further if in the opinion of
the Purchaser, defects are of such a nature that the same cannot be made good or repaired
without impairing the efficiency or workability of the Stores or if in the opinion of the
Purchaser, such opinion being final, the Stores cannot be repaired or altered to make it
comply with the requirements of the Contract, the Contractor shall remove and replace the
same with a Stores conforming in all respects to the stipulated specifications at the
Contractor's own cost. If the Contractor fails to make the desired repairs/replacement within
reasonable time then such repairs/ replacement at the cost of the Contractor shall be carried
out by the Purchaser, with Stores of the same Particulars or when the Stores conforming to
the stipulated Particulars are not in the opinion of the Purchaser readily procurable, such
opinion being final, then the nearest available substitute thereof.

11
7.2 Should the Contractor fail to comply within a reasonable time of issue of notice, the
Purchaser may reject at the cost of the Contractor the whole or any part of the Stores, as the
case may be, which is defective or fails to fulfill the requirements of the Contract and make
the desired repairs / replacement as stipulated in clause no. 7.1 above.
7.3 In the event of such rejection the Purchaser shall be entitled to use the Stores in a
reasonable and proper manner for such time as sufficient to enable the Purchaser to obtain
replacement, as hereinbefore provided.

8 WARRANTY
The Contract shall warrant that the Stores under the Contract shall be brand new, free from
defects, manufactured with the latest state-of-art of manufacture and conform strictly in
accordance with the technical specifications, drawings and data sheets of the Contract. No
deviation from these specifications or alteration shall be made without specific and written
accord of the Purchaser. All Stores shall be guaranteed to be of the best quality of their
respective kinds and shall be free from faulty design, workmanship, and be of sufficient
size and capacity so as to fulfill in all respects the requirements of the Purchaser as
specified in the Contract. The Stores supplied under the Contract shall be guaranteed for a
period of 12 (twelve months) from the date of receipt and acceptance at Purchaser's Site as
defined under 2.14.

9 CONTRACT PRICE/RATE

The agreed prices/rate, mentioned in the Contract shall remain firm during the currency of
the Contract.

10 SAMPLES
10.1 Samples submitted by the Contractor for any reasons, shall be supplied without charge and
freight paid without any obligation to the Purchaser as regards safe custody and safe return
thereof. All samples submitted must be clearly labeled with the Contractor's name and
address and tender number. If the Contractor submits the sample with his tender the same
shall govern the standard of supply if it has been specifically stated in the Contract that the
sample has been accepted instead of the Patent item.

10.2 Should certified samples be lent to the Contractor by the Purchaser, the Contractor would
be responsible for the return of all certified samples in perfect order, with the labels intact.

11 PACKING AND MARKING

To ensure that the Stores do not suffer any loss or damages during handling and
transportation by Road or Rail up to the arrival at the destination, the Contractor shall be
responsible for the Stores being sufficiently and properly packed. The packing and marking
of packages shall be done by and at the expense of the Contractor. Each package shall
contain a Packing Note quoting Contract number and date, copy of Shipping Release and
one set of copy of test certificate. Each package shall be marked with name and address of
the Contractor, Contract No. and date, brief description of the Stores and name and address
of the Consignee, lifting points and special handling instructions, if any.

12
12 CONTRACTOR'S LIABILITY / RESPONSIBILITY REGARDING DESPATCH /
DELIVERY

12.1 The Contractor shall be responsible for delivery of Stores at the destination specified by the
Purchaser on Door Delivery basis / F.O.R nearest Railway Station of despatch.

12.2 Unless otherwise expressly mentioned in the Contract, the Contractor shall pay and bear all
freights and all costs and expenses for transporting the Stores to the place of delivery
specified in the Contract and the price specified in the Contract shall be inclusive of all such
packing, handling, freight, forwarding and transit insurance charges. The Contractor shall
however, indicate the break up price towards freight and transit insurance charges.

12.3 In the case of Contract with Ex-works prices, the Contractor shall arrange transportation of
the Stores after Purchaser's prior approval of the selected Transporter and transportation
charges.

12.4 In the case of F.O.R nearest Railway Station despatch and Stores despatched on "said to
contain basis" the Contractor shall be responsible for obtaining clear receipt from the
Railway Authorities specifying the goods despatched. The Purchaser shall pay for only
such Stores as are actually received by it in accordance with the Contract. The Stores shall
be booked at full wagon rates if applicable, and by the most economical route. The failure
to do so will render the Contractor liable for the whole of avoidable expenditure caused to
the Purchaser.

13 INSURANCE

Unless otherwise expressly mentioned in the Contract, the Contractor shall be responsible
for safe receipt of the Stores by the Consignee and for arranging transit insurance with his
underwriters from warehouse to warehouse prior to despatch of the Stores under intimation
to the consignee. The price specified in the Contract shall be inclusive of the insurance
charges as mentioned in the Contract. In case of failure of the Contractor to take out the
Insurance cover, the Contractor would be held responsible for any loss, damages, breakage,
non-delivery, theft, and pilferage of the Stores in transit.

14 DELIVERY SCHEDULE

14.1 Time and date of delivery of the Stores stipulated in the Contract, shall be the essence of the
Contract and delivery must be completed by the dates specified therein. Unless otherwise
agreed, the Contract shall be deemed to have come into force from the date of issue of
priced Letter of Intent/Purchase Order and accordingly contractual delivery period shall be
reckoned from that date.

14.2 Delay in supply and Termination

14.2.1 Should the Contractor fail to deliver the Stores or any part thereof within the period
prescribed for such delivery, it shall be construed as a breach of the Contract and the
Purchaser shall be entitled at his option to the following: -

13
14.2.1.1 To purchase from elsewhere, after 30 (thirty) days notice to the Contractor, on his account
and at the risk of the Contractor, the Stores, not delivered or other items of similar
description when such Stores exactly complying with the Particulars are not in the opinion
of the Purchaser readily procurable, such opinion being final, without canceling the
Contract in respect of the consignment(s), not yet due for delivery.
14.2.1.2 To cancel the total contract or balance portion thereof, and if so desired, to purchase or
authorise the purchase of Stores not so delivered or other Stores of similar description,
when such Stores exactly complying with the particulars are not, in the opinion of the
Purchaser, readily procurable, such opinion being final, at the risk and cost of the
Contractor.
14.2.2 In the event of action being taken under clause 14.2.1.1 or 14.2.1.2 above, the Contractor
shall be liable for any loss which the Purchaser may sustain on that account provided an
agreement to purchase from elsewhere, is made within 6 (six) months of the notice of
failure or letter of cancellation sent to the Contractor. The Contractor shall not however be
entitled to any gain on such purchase made on account of his default. The manner and
method of such alternate purchase shall be at the entire discretion of the Purchaser, whose
decision shall be final. This right shall be without prejudice to the right of the Purchaser, to
recover the damages for breach of Contract by the Contractor as provided in the Contract or
under the general law.
14.3 Extension of Time
14.3.1 In the event, the Contract delivery dates cannot be adhered to, an application for extension
of time with sufficient reason shall be made by the Contractor to the Purchaser. If failure,
on the part of the Contractor to deliver the Stores in schedule time shall have arisen from
any causes which the Purchaser may find as reasonable ground for an extension of the
delivery time (and his decision shall be final), he may allow such additional time as he may
consider justified in the circumstances of the case.
14.3.2 If the Contractor fails to supply and secure extension of Contract delivery date(s) (before
effecting the delivery of Stores against the Contract) acceptance of such Stores by the
Purchaser, shall not entitle the Contractor to claim payment on account of escalation or
extra payment on account of increase of statutory levies that may be payable at higher rates
after expiry of contractual delivery date(s).
14.4 Delay in Erection
14.4.1 Whenever erection of plant / equipment / machinery / instrument is the responsibility of
Contractor in terms of the Contract and in case the Contractor fails to carry out the erection
and /or commissioning in accordance with the Contract, it shall be construed, as a breach of
Contract and the Purchaser shall be entitled to exercise the option as per clause no.14.2
pertaining to Supply. In such an event, the Supplier shall forfeit the balance 5% of the
Contract value withheld by the Purchaser for the supply portion, irrespective of any claims
of additional expenditure, the Purchaser may incur and prefer on the Supplier.
14.4.2 Action by the Purchaser as per clause no. 14.4.1 above shall not relieve the Contractor of
the warranty obligations under the Contract.

14
15 FORCE MAJEURE

15.1 Force Majeure is herein defined as any cause which is beyond the control of the Contractor
or the Purchaser, as the case may be, which they could not foresee or with a reasonable
amount of diligence could not have foreseen and which substantially affects the
performance of the Contract, such as:

15.1.1 Natural Phenomena, including but not limited to floods, droughts, earthquakes and
epidemics.

15.1.2 Acts of any Government, domestic or foreign, including but not limited to war - declared or
undeclared, priorities, quarantines, embargoes.

15.1.3 Other phenomena including but not limited to hostilities, riots, civil commotion and
declared lock- out in Contractor's works.

15.2 Provided that Parties shall not be liable for delays in performing its obligations resulting
from any force majeure cause as referred to / or defined above. The date of completion will,
subject to hereinafter provided, be extended by a reasonable time even though such cause
may occur after Contractor's performance of his obligations has been delayed for other
cause. However, the contractor is not entitled to increase in statutory levies in statutory
levies that have come into force during the extended delivery period.

16 QUALITY SURVEILLANCE, INSPECTION, ACCEPTANCE AND REJECTION

16.1 Stores covered by the Contract shall be subjected to quality surveillance and inspection by
the Purchaser’s authorised Inspector.

16.2 The Contractor shall establish a quality surveillance and inspection plan in consultation
with the Inspector or inspection agency and have it approved by the Purchaser before start
of manufacture. The Contractor shall give notice of readiness of Stores for inspection to the
Inspector and shall perform all tests and inspection in presence of the Inspector as per the
terms of the Purchase specifications and approved inspection plan.

16.2.1 Any Stores submitted for inspection and rejected by the Inspector must be removed by the
Contractor within fourteen days from the date of receipt of intimation of rejection provided
that in case of dangerous, infected or perishable Stores, the Inspector (whose decision shall
be final) shall notify the Contractor to remove such Stores within 48 hours of receipt of
intimation of rejection and it shall be the duty of the Contractor to remove such rejected
Stores and the same shall lie at the Contractor's risk from the time of such rejection and if
not removed within the aforementioned time, the Purchaser shall have the right either to
return the rejected Stores to the Contractor at the Contractor's risk by such mode of
transport as Purchaser may select or dispose off or segregate such Stores as he thinks fit at
the Contractor's risk and on his account and appropriate such portion of the proceeds as
may be necessary and recover any damages or expenses incurred by the Purchaser in
connection with said sale and storage if any. Freight paid by the Purchaser on Stores
received and rejected after examination at destination shall be recoverable from the
Contractor.
16.3 The Stores shall be offered by the Contractor for inspection at such places as may be
specified by the Inspector at the Contractor's risk, expense and cost.

15
16.4 The stores received by the Purchaser will also be subject to inspection and test as may be
considered necessary by the Inspector and his decision as regards rejection of Stores shall
be final and binding on the Contractor. If any stores are rejected as aforesaid without
prejudice to the foregoing provision, the Purchaser shall be at liberty to: -

16.4.1 Allow the Contractor to resubmit Stores in replacement of those rejected within a time
specified by the Purchaser (which time shall become essence of the Contract), the
contractor bearing the cost of freight for such replacement without being entitled to any
extra payment thereof.

16.4.2 Buy the quantity of Stores rejected or other items of similar nature elsewhere at the risk and
cost of the Contractor in accordance with the provisions contained in clause 14.2.1.1 and
14.2.1.2 above without affecting the Contractor's liability as regards the supply of any
further consignment(s) due under the Contract, if the said Contract has not been cancelled
or

16.4.3 Terminate the total contract or portion thereof at the risk and cost of the Contractor and
recover damages from the Contractor on that account.

16.5 Where consignments are required to be delivered / despatched after inspection by the
Inspector as per the Contract, a "Shipping Release" issued by the Inspector shall be
enclosed along with the delivery challan or other shipping documents viz. (Lorry Receipt,
Railway Receipt) accompanying the consignments.

16.6 Test Certificates and Guarantee Certificates if required by the Inspector shall be obtained
and furnished to him free of cost by the Contractor and/or from the specified agency.

17 RECOVERY OF SUMS DUE

17.1 Whenever any claim for the payment of loss or damage suffered by the Purchaser arises in
terms of money out of the Contract against the Contractor, the Purchaser shall be entitled to
recover such sums from any payment due under the Contract. In the event of this amount
being insufficient, then the amount of damages or loss shall be recoverable from the
payment that may become due to the Contractor from this Contract or any other Contract
with the Purchaser. Should this sum be not sufficient to cover the amount of damages or
loss that may be recoverable, the Contractor shall pay to the Purchaser on demand amount
due. Similarly if the Purchaser has made any claim against the Contractor under this
Contract or any other Contract with the Purchaser, the payment of all sums payable under
the Contract to the Contractor shall be withheld to the extent of claims due according to the
Purchaser till such claims of the Purchaser are finally paid by the Contractor, pending
which the same will be adjusted. Notwithstanding the provision for recovery through
adjustment, the Purchaser shall be free to recover his claims from the Contractor as per the
terms of this Contract.

17.2 Demurrage / Wharfage

All demurrage, wharfage and allied expenses incurred by the Purchaser, if any, due to

16
 delayed clearance of Stores in view of non-receipt, incomplete or delayed receipt of
documents by the Purchaser, shall be recovered from the payment due to the Contractor.

18 MODES OF PAYMENT

Unless otherwise agreed, the Purchaser will make payment directly to the Contractor as per
the Contract at Project/Station by cheque payable locally or at Titunelveli. The Purchaser
will release payment due to the Contractor within 30 (thirty) days provided the Contractor
submits the invoice (s) and other accompanying documents that are complete and
acceptable in all respects.

19 TERMS OF PAYMENT

19.1 For supply of Stores, Purchaser's normal terms of payment shall be ninety five (95%)
percent of the Contract value, and hundred (100%) percent of the Sales Tax, duties on
delivery of the Stores at the Project Site/Consignee Stores as indicated in the Contract. The
Stores shall be despatched only after the Inspector has issued a Shipping Release
[acceptance as stipulated in 2.14 (a) ] on satisfactory completion of inspection. Balance five
(5%) percent of the Contract value shall be paid as per clause No. 19.1.2. The details are as
under:

19.1.1 Ninety five (95%) percent payment of the Contract value including taxes, duties and levies
in full shall be released on receipt of the following documents as applicable:

19.1.1.1 Invoice in triplicate

19.1.1.2 Proof of Receipt by the Consignee in the form of Receipted LR or Receipted Delivery
Challan in original.

19.1.1.3 Shipping release in original issued by the Inspector signed in ink and with Inspector's seal or
with NPCIL Logo [Refer 2.14 (a)].

19.1.1.4 Proof of payment of Excise duty as per prevailing instructions issued by the Excise
Authorities.

19.1.1.5 Statement endorsed on Shipping Release by the Inspector for having received one set of
Test Certificates.

19.1.1.6 Certificate towards Excise Duty (where claimed separately) and Sales Tax as per Appendix
A & B.

19.1.2 Balance five (5%) percent of the Contract value shall be released on acceptance of the
Stores at Site [Refer 2.14 (b)] after inspection and issue of Site Stores Inspection Report /
Receipt voucher by the consignee. Normally seventy five (75) days will be allowed for
inspection and acceptance after receipt of the Stores. The Contractor shall submit the
following documents as applicable:

19.1.2.1 Invoice in triplicate

19.1.2.2 Free issue material account accepted by the Purchaser's Engineer. This shall be based on the
approved cutting diagram or other approval by the Purchaser's Engineer (where applicable).
17
19.1.2.3 Receipted delivery challan for return of balance and scrap material to Purchaser's Stores
(where applicable).

19.2 For Supply of plant/equipments/machinery/instruments including erection and

commissioning. Purchaser’s normal terms of payment shall be ninety five (95%) percent of
the Contract value for supply on delivery at Project Site/Consignee as indicated in the
Contract. The Stores shall be despatched only after Inspector has issued a Shipping Release
on satisfactory completion of inspection [Refer 2.14 (a)] and as further detailed in 19.2.1.
Balance 5% (five) percent shall be paid as per clause no. 19.2.2. The details are as under:

19.2.1 Ninety five (95%) percent of the contract value including taxes, duties and levies of each
consignment shall be released on receipt of the following documents. (Detail of
consignment as indicated in the Contract).

19.2.1.1 Invoice in triplicate.

19.2.1.2 Proof of receipt by the consignee in the form of receipted LR or receipted delivery challan
in original.

19.2.1.3 Shipping Release in original issued by the Inspector signed in ink and with Inspector's seal
or with NPCIL Logo [Refer 2.14 (a)].

19.2.1.4 Proof of payment of Excise Duty as per prevailing instructions issued by the Excise
Authorities.

19.2.1.5 Certificate towards Excise Duty (where claimed separately), Sales Tax and Service Tax as
per Appendix A, B & C.

19.2.2 Five (5%) percent of the Contract value for supply plus one hundred (100%) percent of the
cost of erection and commissioning, on acceptance of the plant / equipment / machinery /
instruments at Site after satisfactory commissioning [Refer 2.14 (c)]. Unless otherwise
stated the Equipment, Machinery and Instruments shall be accepted within Seventy Five
(75) days from the date of satisfactory commissioning of the Stores at Purchaser’s Site. The
Contractor shall submit the following documents as applicable:

19.2.2.1 Invoice in triplicate

19.2.2.2 Certificate of inspection, testing and acceptance of the plant by the Purchaser

20 SUPPLY OF FREE ISSUE MATERIAL (FIM)

20.1 For certain Fabrication Contracts, if specified in the tender, the Purchaser shall provide Free
Issue Material (FIM) to Contractor, as per quantities/sizes along with costs of such material
mentioned in the tender.
20.2 The Contractor shall submit cutting diagram or appropriate proposal for optimal utilisation
of the FIM along with the Bid. The cutting diagram or such proposal as approved by the
Purchaser's Engineer shall form a part of the Contract.

20.3 Unless otherwise specially mentioned in the Contract, on issue of the Contract, the
Contractor shall be advised to collect the FIM from the Purchaser's Stores Unit and shall
take an Insurance Policy for the value of the FIM. The Insurance Policy shall be valid till

18
 the contractual/ actual delivery date or till the execution of the Contract and shall cover the
following:

INSURED: Name and address of the Contractor

BENEFICIARY: Nuclear Power Corporation of India Limited, acting through Site

Director, Contracts and Materials Management or any other officials
authorised by NPCIL, ..................(address)
RISKS COVERED: Any loss or damage to the Purchaser's material due to fire, riot,
burglary, strike, theft, civil commotion and any damages arising out of
external sources such as damages due to the materials falling on
Purchaser's materials.
20.4 The Contractor shall indemnify the Purchaser and keep the Purchaser indemnified to the
extent of full value of FIM till such time the entire contract is executed and proper account
for the FIM is rendered by the former to the latter. For this purpose an Indemnity Bond as
per Annexure-A shall be executed by the Contractor.

20.5 The Contractor shall be responsible for the safety of the FIM after it is received by him and
all through the period during which the materials will remain in his possession. The
Contractor shall take all necessary precautions against any loss, deterioration or destruction
of the FIM from whatever cause arising whilst the said material remain in his possession
and/ or his custody or control. The Contractor shall also not mix-up the material in question
with any of his goods and shall render true and proper account of the material actually used.
The decision as to whether the Contractor has occasioned any loss, deterioration or
destruction of the FIM whilst in his possession custody or control from whatever cause
arising, as also the decision regarding quantum of the damages suffered by the Purchaser
shall be final and binding upon the Contractor.

21.6 The Insurance Policy with the details indicated at clause no.20.3 shall be furnished by the
Contractor to the Purchaser for acceptance. On acceptance of the Insurance Policy by the
Purchaser, the Contractor shall lift the FIM from Purchaser's Stores at his own cost. The
FIM may be supplied by the Purchaser either in one lot or in a phased manner at the sole
discretion of the Purchaser.
20.7 On completion of fabrication, the Contractor shall prepare a full account of the material
used for the fabrication and the balance available with him for return to the Purchaser. This
account of FIM shall be verified and accepted by the Purchaser's Engineer before the
Contractor is allowed to return the balance material to Purchaser's Stores against such
authorisation in writing.
20.8 The FIM account, accepted by the Purchaser's Engineer along with proof of receipt of
balance material by the Stores Officer (Consignee), shall be produced by the Contractor for
the release of the final payment to the Contractor as per clause no. 19.1.2.2.

20.9 The Purchaser at all times have the right to enter the Contractor's premises where the free
issue materials are stored or where the free issue materials are under manufacture.

20.10 The Purchaser at his discretion may allow the balance material such as scrap, cut bits to be
retained by the Contractor in which event the value to be assigned to the balance material
will be mutually agreed between the Purchaser and the Contractor and the agreed amount

19
 shall be debited to the Contractor's account while settling his final payment.

21 EXERCISING THE RIGHTS AND POWERS OF THE PURCHASER

All the rights, discretion and powers of the Purchaser under the Contract shall be exercised
by the Purchaser through written communications which shall be given by the Site Director,
Contracts and Materials Management or other officers authorised by him for and on behalf
of the Purchaser.

22 INDEMNITY

The Contractor shall at all times indemnify the Purchaser against all claims which may be
made in respect of Stores against infringement of any right protected by Patent Registration
and Law of Designs or Trade Marks and shall indemnify any risk of accidents or damage to
the Stores and continue to indemnify the Purchaser against all patent and latent defects till
the satisfactory completion of the warranty period.

22.1 Right of Recourse under Civil Liability for Nuclear Damages Act 2010 & Rule 2011
thereof;
(a) The Purchaser shall have Right to Recourse against the contractor in accordance with
provisions under Section 17(a) of Civil Liability for Nuclear Damage Act, 2010, with
following limitations, as stipulated in Rule 24 of the Civil Liability for Nuclear Damage
Rules, 2011:
The Contractor’s liability shall be to the extent of the Operator’s liability under sub-
section(2) of Section 6 of the Act or the value of the contract, whichever is less,
AND
The duration of Contractor’s liability shall be limited to duration of initial license issued by
AERB or the product liability period, whichever is longer.
(b) The term “supplier” and the duration and extent of supplier’s liability are explained in Rule
24 of the Civil Liability for Nuclear Damage (CLND) Rules, 2011. For any questions
relating to supplier’s liability under section 17 of the Civil Liability for Nuclear Damage
(CLND) Act, 2010, Government of India’s clarifications dated February 08, 2015 may be
referred to. These have been posted at the websites of Ministry of External Affairs and the
Department of Atomic Energy under the title “Frequently Asked Questions and Answers on
Civil Liability for Nuclear Damage Act 2010 and Related Issues”.
(c) In regard to contracts with manufacturers of or vendors for supply of systems, equipment,
components, or building of structures, or provision of services to nuclear installations which
are operating or are under construction or those to be installed in future for which NPCIL is
the system designer and technology owner, being responsible for safety design of such
installations, NPCIL shall assume the role of supplier in accordance with the explanation of
the term “supplier” given in Rule 24 of the CLND Rules, 2011 and in the context of section
17(a) and (b) of the CLND Act, 2010.
(d) Other suppliers can avail the Nuclear Suppliers’ Special Contingency (Against Right of
Recourse) Insurance Policy provided by the India Nuclear Insurance Pool to cover any
liability exposure under section 17(a) and (b) of the CLND Act, 2010. NPCIL maintains
the operator’s statutory insurance under the CLND Act, 2010 by subscribing to the Nuclear
Operator’s Liability Policy offered by the India Nuclear Insurance pool, thereby
subrogating to the India Nuclear Insurance pool the operator’s “right of recourse” against

20
 suppliers under section 17(a) & (b) of the CLND Act, 2010.

23 ARBITRATION

23.1 Notwithstanding anything contained in this Contract, all questions, disputes or differences
whatsoever, between the parties to the Contract, arising out of or relating to the
construction, meaning and operation or interpretation of provision of the Contract or
matters related thereto, whether during the currency of the Contract, or its failure or after
the completion of the Contract, shall be settled by sole arbitrator to be nominated and
appointed by the Chairman & Managing Director of the Purchaser. It will not be an
objection that the arbitrator is an employee of the Purchaser and that he had to deal with
matters related to the Contract or that in the course of his duties as an employee of the
Purchaser had expressed views on all or any other matters in question, dispute or difference.
The award of the arbitrator shall be final and binding on the parties to the Contract. In an
arbitration invoked at the instance of either party to the contract, the arbitrator would be
free to consider the counter claim of the other party even though they are not mentioned in
the reference to arbitration.

23.2 The provisions of The Arbitration & Conciliation Act, 1996, and Rules made thereunder
and/or any statutory modifications or re-enactment thereof for the time being in force shall
apply to such arbitration proceedings.

23.3 Notwithstanding the commencement or continuance of the arbitration, the parties shall
continue performance of the Contract with due diligence.

24 PERMITS AND LICENCES

The Contractor shall secure and pay for all permits and licenses which he may require to
comply with in respect of all laws, ordinances and regulations of the Government or Public
Authorities in connection with the performance of his obligations under the Contract. The
Contractor shall be responsible for all damages and shall indemnify and save the Purchaser
harmless from and against all claims for damages and liability, which may arise due to his
failure to comply with what is stated above.

25 INSPECTION AND ACCEPTANCE TESTS

25.1 All tests necessary to ensure that the Stores comply with the particulars and guarantees shall
be carried out at such place or places as may be determined by the Inspector. Should
however, it be necessary for the acceptance tests as to performance or Guarantees to be held
over until the Stores is erected at Site such tests shall be carried out within thirty (30) days
of completion of erection of the Stores.

26 TITLE TO THE PLANT /EQUIPMENT / MACHINERY / INSTRUMENTS

In addition to other remedies under the law and the Contract, the Purchaser shall be the
owner of each consignment in respect of which ninety five (95%) percent of the Contract
price has been paid, to secure refund of such amount in the event the same becomes
refundable under the terms of the Contract or under the law and to secure payment of any
21
 dues under other Contract or under the law. The responsibility for safe and proper storage
replacement of defective or lost equipment and erection of the plant / equipment /
machinery / instruments prior to its acceptance by the Purchaser shall always remain with
the Contractor.

27 TRAINING

The Contractor shall, if required by the Purchaser, provide facilities for the practical
training of Purchaser’s engineering or technical personnel for their active association no the
manufacturing processes throughout the manufacturing period of the Contract/Stores,
number of such personnel to be mutually agreed upon.

28 OPERATION / INSTRUCTION MANUAL

Where Operation/Instruction Manual is essential to enable the Purchaser to put the Stores to
proper use, the Contractor shall furnish such Operation/Instruction Manual along with the
Stores.

29 LAW GOVERNING THE CONTRACT

The contract shall be construed and shall be governed by the laws of India for the time
being in force and the Contractor shall be required to comply with all the applicable laws
with regard to performance of the Contract.

30 JURISDICTION

The courts within the local limits of the place from which the Contract is awarded shall
have exclusive jurisdiction to deal with and decide all disputes arising out of related
Contract.

31 SECRECY

31.1 All information, drawings, designs and specifications imparted to the Contractor shall, at all
times, remain the absolute property of the Purchaser. The Contractor shall not use them for
purposes other than for which they are provided for and shall treat all these documents as
confidential. These shall not be reproduced in whole or in part for any other purpose.

31.2 The Contractor shall use his best endeavor to ensure that such information is not divulged
to third parties except where needed for the performance of the Contract by the Contractor
with the prior consent of the Purchaser. In such cases, the Contractor shall ensure and
obtain similar obligation of confidence, from third parties in question.

****
***
**
*

22
 ANNEXURE – A

FORMAT OF INDEMNITY BOND AGAINST FREE

ISSUE MATERIALS (FIM) TO BE EXECUTED ON
A NON-JUDICIAL STAMP PAPER VALUED AT
RS.

INDEMNITY BOND

This Indemnity Bond made this_____day of______between

M/s_________________________having its registered office at______________hereinafter referred
to as “The Contractor” which expression shall include its successors and assigns on one part and
Nuclear Power Corporation of India Limited (A Govt. of India Enterprise), acting
through_______________________(Site Director, CMM_or other Officers)
________________________________________ hereinafter referred to as “The Purchaser”, which
expression shall include its successors and assigns, on other part.

Whereas the Nuclear Power Corporation of India Limited has placed a Purchase Order/Contract
No.__________________________________________ dated ________ hereinafter referred to as
“Purchase Order” on the Contractor and the Contractor has accepted to execute the Purchase Order.

And whereas, the Purchaser has agreed to supply the Free Issue Materials referred to in the
Contract/Purchase Order for the purpose of fabrication, machining and supply of the equipment and
stores as referred to in the Contract/Purchase Order.

And whereas, the Contractor has agreed to furnish an Indemnity Bond for a sum of
Rs.______________________________________(Rupees_________________________________
_) being amount equivalent to the value of the free issue materials to be supplied by the Purchaser.

Whereas it is explicitly understood that the materials to be supplied is held by the Contractor for and
on behalf of Nuclear Power Corporation of India Limited and that ownership of the materials used
for fabrication/machining etc. rests with Nuclear Power Corporation of India Limited, till the
fabricated/machined equipment/components are delivered to the Purchaser and balance and left over
materials as per free issue material account as approved by the Purchaser’s engineer is/are returned
to the Purchaser.

23
NOW THIS DEED WITNESSETH THAT IN CONSIDERATION OF THE FREE ISSUE
MATERIALS SUPPLIED BY THE NUCLEAR POWER CORPORATION OF INDIA LIMITED.

1. The Contractor hereby undertake to pay to the Nuclear Power Corporation of India Limited on demand the said
sum of Rs.______________(Rupees_______________________________) in the event of any breach of the
conditions of the Purchase Order, loss and damage of the material and balance material not being returned on
or before________________________or any other date mutually agreed.

2. The Contractor shall be totally responsible for safety of the material during which it remains
in their custody/control and adequate care for preservation of the item.

3. The Contractor shall undertake to preserve the material with due and proper care and to keep
it insured for the period during which it remains in their custody/control.

4. The Contractor shall be responsible for safe return of the balance materials off cuts, scraps
to the final destination.

5. This bond shall remain in force and effect so long as the full account of free issue materials
is settled to the satisfaction of the Purchaser and balance material is returned to the
Purchaser.

6. The Contractor shall not stand discharged or released from the Indemnity Bond given by
them under this bond on account of any alteration in the obligation of the parties to the
Contract or on account of any indulgence or forbearance as to the payment, time,
performance, or otherwise granted by Nuclear Power Corporation of India Limited to the
Contractor in relation to the Purchase Order.

It witness whereof the parties hereto have caused the bond to be duly executed on the day and the
year first above written.

For (Contractor’s Name)

***

24
 APPENDIX-A

NUCLEAR POWER CORPORATION OF INDIA LTD.

(A Govt. of India Enterprises)

Declaration Form for GST

Certified that we
……………………………………………...………………………………………………………………......
.............................................................................................................................................................................….………
………..................................... are registered as dealers in the State of
................................................................................................................. under Register No.
....................................................................................................... for the purpose of GST.

Purchase Order No. & Date Bill No. & Date

Further certified that: (Please Tick all appropriate boxes)

(a) Certified that the goods and services on which GST has been charged are not
exempted under the GST Act or the rules made there under and the amount charged
on account of GST on these goods and services are not more than what is payable
under the relevant act or the rules there under.

(b) Certified that we have taken into account all input tax credits available under GST
and have not loaded the same in the basic price while furnishing their bids.

(c) Certified that in respect of amount of taxes claimed in the bill no claim is pending for
refund/or is admissible for refund from any other agency and /or no other tax credit
is available in respect of the same. In the event of getting refund in whole or in part
of the element of GST claimed from Government, the same shall be passed on the
benefit to the Purchaser by remitting the amount equivalent to the amount of refund
obtained.

(d) Certified that the GST charged herein the invoices and other details have been
populated in GSTR1 of the GSTN portal facilitating input credit to the Purchaser.

(e) Certified that we have complied with the Anti-profiteering measure provisions
under CGST/ SGST/UTGST Acts and passed on commensurate reduction of price to
the purchaser.

Date: Signature of Contractor :

Place: Name:
Designation:
Office Seal:

25
 SPECIAL COMMERCIAL TERMS AND CONDITIONS

1.2 Bid Format

Bidders are required to submit their quotation as below:

1.2.1 Items and materials supplied from abroad

 To quote for the items and materials to be supplied from abroad on FOB port of shipment basis.
These Prices shall remain firm throughout the currency of the contract which should
specifically be confirmed by the tenderers.

 Marine Insurance and Ocean freight to be shown separately.

1.2.2 Items and materials to be supplied from indigenous sources

 To quote for items and materials to be supplied from indigenous sources on Free and Safe
Delivery at Purchaser’s Site basis, inclusive of Packing, Forwarding, Transportation and
Transit Insurance & including GST and other indirect taxes and duties. These Prices shall
remain firm throughout the currency of the contract which should specifically be confirmed by
the tenderers.

1.2.3. Indirect Taxes and Duties

 The Bid prices shall be inclusive of Goods and Services Tax (GST) and any other Indian
Indirect Taxes payable in India for the final product / services.

 The Contractor shall bear all non-Indian taxes, duties, levies etc. payable upto FOB in respect
of sourcing items from abroad.

 Contractor shall be responsible for payment of all Indian Taxes, Duties including IGST on
imports and all other statutory levies as applicable in connection with supply of the Stores. The
prices for shall be inclusive of all Taxes, Duties and other Statutory levies payable under the law
of the Land. The Contractor shall however take into account Fiscal Concessions available to the
subject contract as detailed in the below mentioned paras and pass on the benefit to the
Purchaser.

 In case of increase in existing taxes/ duties and any other new indirect taxes / cess, if levied by
Government during the contractual delivery period, the same shall be reimbursed / paid by the
Purchaser, as the case may be, at actual against documentary evidence. This provision shall not
apply to changes in Personal Income tax or Corporate Income tax or to changes in non-Indian
Taxes.

 For extension in the contractual delivery period for the reasons attributable to the Purchaser
and/or Force Majeure, increase in existing taxes & duties, if any, and new tax component
introduced in the extended period shall be reimbursed to the Contractor subject to the
submissions of necessary documentary evidence. No increase / new tax shall be payable during
the delay period due to reasons attributable to the Contractor.

26
  The bidders are required to examine the provisions of The Central Goods and Services Tax Act
2017(CGST), The Integrated Goods and Services Tax Act 2017(IGST), The Union Territories
Goods and Services Tax Act 2017(UTGST) and The Goods and Services Compensation to States
Tax Act 2017 and their Rules as being enacted and amended from time to time. The bidders are
required to take into account the input tax credits and the exemptions available therein while
furnishing their bids.

 GST as quoted will be reimbursable by Purchaser limiting to the rate prevailing within the
contractual delivery schedule.

 Bidders are required to provide their GST Registration numbers and the applicable rate of
GST in the Commercial Terms and Conditions of the E-bid submitted.

 While claiming the GST the Tenderers are required to adhere to the provisions available. The
Contractors are required to populate the details of GST paid by them in the GST portal, only
upon which reimbursement of GST would be considered.

 Please note that in case any refund/credit to GST if granted to Tenderers by GST Authorities in
respect of stores supplied under the contract, Tenderers will pass on the credit to the Purchaser
immediately along with a certificate from bidder’s Director/Manager/Proprietor/Accountant
that the credit so passed on relates to the GST originally paid for the stores supplied under the
contract.

 When GST is claimed by the Contractor / supplier in general the certificate as per Appendix A
should be submitted to the paying authority with their invoices.

1.2.3 Direct Tax: - Tax Deduction at Source

 The Purchaser shall have the right to withhold taxes on income, excess profits, royalty and other
taxes from payments due to Contractor under this Contract to the extent that such withholding
may be required by the government of India or any relevant authority thereof or by the
government of any other country, and payment by the Purchaser to the respective
governmental office of the amount of money so withheld will relieve the Purchaser from any
further obligation to Contractor with respect to the amount so withheld.

 The Purchaser shall, at the time of its payments due to the Contractor, withhold the necessary
taxes at such rate as is required by any Government Authority, unless and to the extent that the
Contractor shall produce to the Purchaser any certificate issued by a Government Authority
(having authority to issue such certificate) entitling the Contractor to receive the payments
under the Contract for a prescribed period without deduction of any tax or deduction at a lower
rate.

 The Purchaser shall provide the necessary withholding tax certificates to the Contractor within
the time stipulated by the relevant law to enable the Contractor to file the same with the
Government Authority as a proof of payment of such taxes.

 All taxes levied on Contractor’s corporate income or profits shall be for the account of
Contractor and shall not be reimbursed by the Purchaser. Contractor shall also be responsible
for payment of income taxes of its personnel levied in India or elsewhere.

1.2.4 Indirect Tax-Tax deduction at source

 The Purchaser shall, at the time of its payments due to the Contractor, withhold the necessary
tax at source at such rate if required under the legislation unless and to the extent that the
Contractor shall produce to the Purchaser any certificate issued by a Government Authority
27
 (having authority to issue such certificate) entitling the Contractor to receive the payments
under the Contract for a prescribed period without deduction of any tax or deduction at a lower
rate.

 In case of such deductions as mentioned above, the Purchaser shall provide the necessary
withholding tax certificates to the Contractor within the time stipulated by the relevant law to
enable the Contractor to file the same with the Government Authority as a proof of payment of
such taxes.

1.3 Bid Currency

Bidders are allowed to quote in the following currencies:

1.3.1 Items and materials supplied from abroad

 Prices quoted shall be in the currency of the country of origin or in US Dollars/UK

Pounds/EURO. Bids linking the quoted currency with some other currency are liable to be
ignored.
 Local transportation and other services including Ocean freight, Marine insurance, Customs
clearance, Port handling, Transit Insurance charges etc. in India in Indian Rupees.

1.3.2 Items and materials to be supplied from indigenous sources

 Items and materials to be supplied from Indigenous sources in Indian Rupees.

1.4 Bid Evaluation

1.4.1 e-Bid evaluation will be done based on the total of Summary Prices which are inclusive of GST
and all other indirect taxes and duties for supply of items and site work portion as per Section D
of the Tender document. To facilitate the evaluation and comparison of prices, all e-bid prices
expressed in foreign currency will be converted into Indian Rupees at Bills Selling exchange rates
(as established by State Bank of India) applicable on the day seven days prior to due date of
submission of the e-bid. If the day seven days prior to due date of submission of bid happens to
be a holiday, the exchange rates of next working day will be considered. For items sourced from
abroad and directly delivered to the Purchaser’s site, wherever the ocean/air freight and marine
insurance to the port of the Purchaser’s country are not mentioned, 11% of FOB prices will be
considered towards ocean/air freight and marine insurance to arrive at CIF prices. For local
transportation and other services in India including customs clearance charges, port handling,
inland transit insurance etc., excluding taxes and duties and other local levies, 1 ½% of CIF
Value for items and materials supplied from abroad will be loaded on the quoted price for bid
evaluation.

2.0 INSURANCE

2.1 The Contractor shall, “at his own cost”, take out and maintain in effect the following Insurance based
on reinstatement value during the performance of the contract and the Purchaser shall be named as co-
insured under all insurance policies. All Insurer’s rights of subrogation against co-insured shall be
waived. Deductibles/excesses if any, under the insurance policies shall be borne by the Contractor. The
identity of the insurers and the form of policies shall be subject to the approval of the Purchaser.

Cargo Insurance

 During Ocean transit and Inland transportation, covering loss or damage as per ICC – clause – ‘A’ with
War/SRCC provisions, for full replacement value of the consignment/cargo from the Contractor’s or
Sub-contractor’s works or Stores until arrival at Purchaser’s project site.

*****
28
SPECIAL CONDITIONS OF CONTRACT

29
 Tender Ref No: KKNPP/CMM/15636

SPECIAL CONDITIONS OF CONTRACT

The following Special Conditions of Contract (SCC) shall supplement / amend
Invitation to Tender and Tendering Conditions (ITT) AND General Conditions of
Contract (GCC) – Form No.CMM-22A/Rev.4. Wherever there is a conflict between
the two the provisions in SCC shall prevail over those in the GCC.

Special GCC Clause Clause Description / Special Conditions

Conditio Reference Content
ns
(SCC
No.)

A B C
1 Clause no. 16 Quality Surveillance, No Pre dispatch inspection is envisaged.
Inspection, However, all the other terms of clause remain
Acceptance and unchanged, as appropriate.
Rejection
2 Clause no. 19 Terms of Payment 100% payment will be released within 7 days
from the date of receipt, inspection and final
acceptance of the material at site.

Declaration form for GST (APPENDIX-A)

shall be submitted along with bill.
3 GCC Annexures of GCC Appendix A : Certificate towards Excise Duty is
substituted with Appendix A ( Declaration form
for GST)

Appendix B and Appendix C are deleted.

30
 SCHEDULE TO TENDER FORM No. CMM-22A/Rev. 4

TENDER FORM

From

M/s. Tenderer’s Bid No.:

Dated :

Tender no. KKNPP/CMM/15636 DATED:- As per NIT

Last date for receipt of bids As per NIT

To

Dear Sir,

1. I/We have read the ‘Invitation to Tender’, ‘Instructions to Tenderers’, ‘General Conditions of
Contracts in FORM NO. CMM-22/Rev.4’ and ** ‘Special Commercial Terms and
Conditions’ as contained in the tender documents.

2. I/We have thoroughly examined the specification, drawing and/or pattern quoted or referred
to herein and/or fully aware of the nature of the stores required and my/our bid is to supply
the stores strictly in accordance with the requirements under this tender.

3. I/We hereby agree to supply the stores, strictly adhering to the General Conditions of the
Contract in FORM NO. CMM-22/Rev.4 and **Special Commercial Terms and
Conditions of the tender documents.

4. You will be at liberty to accept any one or more of the items of stores offered by us and
I/We shall be bound to supply you the stores as may be specified in the purchase
order/contract.

31
 5. I/We hereby agree to keep the prices and our bid valid for your acceptance for a period of
90 (Ninety) days from the due date of this tender.

**Strike out whichever is not applicable.

6. **Deviations to technical specifications are detailed in Annexure-'A' to the tender form

and compliance proposed to General Conditions of the Contract in FORM NO. CMM-
22/Rev.4 and Special Commercial Terms and Conditions of the tender documents are
detailed in Annexure-'B' to the tender form.

7. I/We are also uploading herewith all the leaflets/catalogues etc. pertaining to the stores
offered.

8. Details of the stores along with prices and the bid terms are indicated under schedule to
this tender form.

Yours faithfully,

Stamp and Signature of the Tenderer

**Strike out whichever is not applicable.

Encl: Deviation to technical specifications- Annexure-'A'

Compliance to General Conditions of Contract in FORM NO. CMM-22/Rev.4 and
Special Commercial Terms and Conditions - Annexure 'B’
Leaflets/Catalogue uploaded.

32
 Tender no. KKNPP/CMM/15636 DATED:- As per NIT
Last date for receipt of
bids As per NIT

Unit Price - FOR GST rate

Quantity Purchaser's Site included in the Remarks (Specify
Sl. Total Price
Item Description Unit including GST and all FOR Site Price make / model if
No (INR) (D=A*B)
(A) other indirect taxes in Percentage any)
(INR) (B) (%) (C)

Condenser Cooling coils for

Packaged air conditioners of C
type & dimension of 490-
1273-490 mm (length) x 1000
mm (height), Tube MOC:
bright annealed copper of alloy
C12200 , ASTM B280,
Refrigerant grade, Copper tube
size: 3/8" OD, Copper Tube
thickness: 24 SWG, No of
1 Copper tubes x rows:40 x 2,
Nos. 2
No of Passes:6 Pass. Fin
MOC: Aluminium, Fin
thickness:0.15mm, Fin
spacing: 11 to 12 FPI, Coil
tube sheet:18SWG GI Sheet,
Hydrotest Pressure: 41kg/cm2,
Detailed Technical
specifications, terms &
conditions as per Annexure-1.

I/We have understood the terms and conditions of the contract as contained in form No. CMM-22/Rev.4
and have thoroughly examined the specification, drawing and or/pattern quoted or referred to herein and
are fully aware of the nature of the Stores required and my/our bid is to supply the Stores strictly in
accordance with the requirements under the subject tender.

Stamp and Signature of Tenderer

Date________________________

STATUS OF SIGNATORY

33
 Company Information (CMM-22/Rev.4)

Sr. No. Particulars Bidders shall provide

their relevant
information /
registration details
1 Name of the Company

2 Address of the Company

2.1 City

2.2 State

3 Contact Person Details

3.1 Name of Contact Person

3.2 E-mail ID

3.3 Phone Nos. - Office

3.4 Fax Nos.

3.5 Phone Nos. - Mobile

4 MSE Details as per MSE Act 2012

4.1 Mention Category - Micro/Small Enterprise

4.2 MSE Sub Classification with respect to above category:

4.2(a) (i) Enterprises owned by Scheduled Castes.

4.2(b) (ii) Enterprises owned by Scheduled Tribes.

4.2(c) (iii) Enterprise owned by other than above two categories.

4.3 MSE Registration details with any of the agencies

mentioned under Clause No. 16 of ITT. (Upload relevant
documentary proof. If relevant documentary evidence is not
submitted, Purchase Preference, if any, as per Cl. No. 16 of
ITT will not be applicable.)
4.4 Terminal validity date of MSE registration.

5 GOODS & SERVICES TAX (GST) Registration

Number
6 PAN Number

NOTE: Terms which are not applicable shall be responded as "NA" (Not Applicable)

34
 1.0 Annexure –B (CMM-22/Rev.4)

Sr. Bidder’s
Item/Description Response/Confirmation
No. as the case may be

Price Basis: Confirm Free and Safe delivery basis at

Purchaser’s site inclusive of packing, forwarding, freight,
1 transit insurance and GST.
Evidence to indicate financial capacity to undertake the
proposed work (if entrusted) and Names (with address of the
2 Bankers)
3 Delivery Period
Validity of Offer (90 days from the date of opening of
4 tender). Please Confirm.

Notes :-

1. Terms which are not applicable shall be clearly stated as ‘Not Applicable’.

35
 2.0 ANNEXURE B (CMM-22/Rev.4)

1.0 Format for submission of Compliance to the General Conditions of Contract governing
supply of stores - CMM-22/Rev.4 & *Special Commercial Terms and Conditions.

1.1 The tenderer shall note that any deviation to above mentioned terms and conditions of our tender may
lead to disqualification of their bid.
1.2 The compliance/confirmation to the specific clauses may please be furnished as per the format below:

Bidder’s
Sr. Item / Description Compliance /
No.
Confirmation

Acceptance of following clauses under General

Conditions of Contract governing supply of stores-
A
CMM-22/Rev.4

A-1 Acceptance of Clause No. 3 regarding subletting /

assignment of Contract under GCC/CMM-22/R-4.
Acceptance of Warranty as per Clause No. 8.0 under
A-2
GCC/CMM-22/R-4.
Acceptance of Clause No. 16 regarding Quality
A-3 Surveillance, Inspection, Acceptance and Rejection
under GCC/CMM-22/R-4.
Acceptance of “Terms of Payment” as per Sl. No.:2 of
A-4
Special Conditions of Contract.
Acceptance of Clause No. 23 regarding Arbitration
A-5
under GCC/CMM-22/R-4.
Acceptance of Clause No. 25 regarding Inspection and
A-6
Acceptance Tests under GCC/CMM-22/R-4.
Acceptance of Clause No. 31 regarding Secrecy under
A-7
GCC/CMM-22/R-4

36
 Compliance to the remaining clauses of CMM-22/Rev.4
A-8 and SCC (if any)
I/We hereby declare that the benefit of reduction in
B-1 rate of tax on the supply of goods or services or the
benefit of input tax credit has been passed on to the
purchaser by way of commensurate reduction in
prices as per Section 171 (Anti-profiteering measure)
of GST Act
“The new GST law* has come into effect from
B-2 01.07.2017. Hence all transactions with effect from
01.07.2017 are governed by it. Accordingly
reimbursement of taxes and duties applicable will be
regulated as per the new law and as per the existing
conditions under the contract. Your specific attention
is invited to relevant ITT/GCC/SCC Clauses. You
are therefore advised to note the same and that while
claiming reimbursement of taxes / duties and in case
you avail ITC (Input Tax Credit) against the GST
(claimed or which would be reimbursed, whichever is
used for availing ITC) with respect to the bills /
invoices raised by you under the contract as
permitted under the new GST law*, you will be liable
to pass on the corresponding additional benefit on
this account to the purchaser and should therefore be
passed on as and when availed.”
* New GST law here means CGST, IGST acts of the
Central Government and the relevant SGST /
UTGST act of the State Government / Union
Territories as applicable.”

37
 General Compliance Sheet

The compliance/confirmation may please be furnished as per the format below:

Sr. Bidder’s Compliance /

Item / Description
No. Confirmation
In the event of order, the bidder shall submit
1
Hydro Test Certificate of Cooling Coils.

In the event of order, the bidder shall submit

2
Material Test Certificate of all the components
involved in the fabrication of cooling coil.

38