एनएमडीसी लिलमट /ड nmdc...
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एनएमडीसी लिलमटेड
NMDC LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE) (भारत सरकार का उद्यम) 10-3-311/A, CASTLE HILLS, MASAB TANK, HYDERABAD-500 028
10-3-311/ए, कैसि हिल् स, मासब टैंक, िैै़दराबाद – 500 028.
Telephone: 0091-40-23538710/23536740, 23538713 to 23538721 Ext: 228/223/270, Fax: 23538781/23538711 Email: [email protected], [email protected], [email protected]
GLOBAL TENDER EQNUIRY THROUGH E-PROCUREMENT MODE
Ref.no: HQMM/3018-15/36AN122/ 178 Date: 28-08-2015 To, Sub: Tender Documents for E-Procurement and Reverse e-Auction of various sizes OTR Tubeless Bias Tyres with suitable O Rings required for various units/Projects of NMDC operating in India. The E-Procurement and Reverse E -Auction would be conducted by our Service provider M/s M-Junction
Services Ltd. Web site address for on-line submission of bid is https://eps.buyjunction.in
Dear Sirs,
Tenders are invited on-line on the website https://eps.buyjunction.in (for techno commercial offer) and https://auction.buyjunction.in/EPSWeb/security /getsignInAction.do (for price submission) from the firms for Supply of various sizes of OTR Tubeless Bias Tyres with suitable O Rings required for NMDC Limited, BIOM, Kirandul Complex, Bacheli Complex of Dantewada (Dist) Chattisgarh (State) and Donimalai Project of Bellary (Dist), Karnataka (State)- India. The e-tendering and Reverse Auction(RA) will be conducted by our service provider M/s M-junction services Ltd, Kolkata.
Sl No
Tender No & Date
Description of Equipment
Qty (No.)
Display & Sale of Tender Documents Period
Last date & Time for submission of offer
Tender fee in Rs/US$
Earnest Money Deposit in Rs / US$
1 HQMM/3018-15/36AN122/ 178 DT. 28.08.2015
Supply of Various sizes OTR Tubeless Bias Tyres along with suitable O Rings , As per Technical Specifications in Annexure-I.
(a) (a) OTR Tubeless Tyres size: 45 / 65-45 minimum 58 ply rating, L5 type, cut resistant, Bias Ply along with suitable O Ring
(b) (b) OTR Tubeless Tyres size: 35 / 65-33 minimum 42 ply rating, L5 type, cut resistant, Bias Ply along with suitable O Ring
(c) (d) (e)
02 05
28-08-2015 to
29-09-2015
29-09-2015 by 2.30PM
(IST)
Rs 5725/- USD 100/-
Rs 200000/- US$ 3200/-
(f) (g) © OTR Tubeless Tyres
size: 24.00 X 35 minimum 42 ply rating, E4 type, Bias Ply along with suitable O Ring
(h) (d) OTR Tubeless Tyres size: 18.00 X 25 minimum 28 ply rating, E4 type, Bias Ply along with suitable O Ring
20 49
1. INSTRUCTIONS TO BIDDERS
Brief Description of the requirement
Supply of various sizes OTR Tubeless Bias Tyres along with suitable O Rings for BIOM, Kirandul Complex, Bacheli Complex of Dantewada (Dist) Chattisgarh (State) and Donimalai Iron Ore Mine of Dist Bellary, Karnataka State, India. Detailed Technical Specifications at Annexure – I
Tender Type GLOBAL e-procurement mode
Tender Document Sale and Bid Submission Start date
Date: 28-08-2015 and Time: 10.30 AM (IST) (Through On line mode only).
Tender Document Sales and Bid Submission End Date
Date: 29-09-2015 and Time: 02.30 PM (IST) (Through On line mode only)
Date / Time of Bid Opening Date: 29-09-2015 and Time: 03.30PM (IST) (Through On line mode only) Date for online Reverse auction will be intimated to the qualified tenderers on a later date.
Earnest Money Deposit (EMD)
Offer must be accompanied by Demand Draft of Rs. 2,00,000/- (Rupees Two Lakhs only) or US$ 3200/- (US$ Three thousand two hundred only) in favour of NMDC Limited Payable at Hyderabad or Bank Guarantee of equivalent amount from any Indian Nationalized bank/ Scheduled Commercial Bank in the prescribed format ( Format enclosed at annexure-IV) favoring NMDC Limited. BG should be valid for a period of 6 months. Without EMD the tender will be rejected. BG is also extendable depending on the need.
The bidder has to furnish the DD/BG Number, Date of Issue, Expiry Date, Amount and Name of Issuing Bank, while submitting the tender on line. Also the bidder has to upload the scanned copy of DD/BG for “EMD” during submission of bid on line.
The bidder has to send the original Demand Draft/Bank Guarantee against “EMD” drawn in favour of NMDC Limited, in a sealed cover indicating ‘EMD’, tender no. and date on top of cover, directly to Jt. General Manager (Materials), Material Management Department, NMDC Limited, 2nd Floor, Castle Hills, Masab Tank, Hyderabad – 500028 so as to reach before bid closing date(29-09-2015) and time(02.30 PM, IST). In case the above referred original DD/BG does not reach us with in the stipulated tender opening date and time (02.30 PM,IST), the offer will be rejected.
Bidders seeking claim for exemption of submission of EMD as per Govt. guidelines shall submit the relevant documents/ copy of the notification (latest) well in advance i.e; relevant documents/copy of the notification (latest) has to reach Jt. General Manager (Materials), Material Management Department, NMDC Limited, 2nd Floor, Castle Hills, Masab Tank, Hyderabad – 500028 before bid closing date (29-09-2015) and time(02.30 PM, IST). However, a copy of above supporting document should be uploaded in the EMD module during online bid submission.
Tender fee Bidders shall submit tender fee of Rs. 5725/-(including VAT) or US$100 in form of demand draft in favor of NMDC Limited payable at Hyderabad. Scanned copy of DD shall be uploaded while submitting bid online in tender fee module.
The bidder has to send the original Demand Draft towards “Tender Fee” drawn in favour of NMDC Limited, along with EMD in a sealed cover indicating “Tender Fee’ , tender no. and date on top of cover, directly to Jt. General Manager (Materials), Material Management Department, NMDC Limited, 2nd Floor, Castle Hills, Masab Tank, Hyderabad – 500028 before bid closing date and time(02.30 PM, IST).In case the above referred original DD does not reach us with in the stipulated tender opening date and time(02.30 PM,IST). The offers received without Tender Fee are likely to be rejected.
Bidders seeking claim for exemption of submission of Tender fee as per Govt. guidelines shall submit the relevant documents/ copy of the notification (latest) well in advance i.e; relevant documents/copy of the notification (latest) has to reach Jt. General Manager (Materials), Material Management Department, NMDC Limited, 2nd Floor, Castle Hills, Masab Tank, Hyderabad – 500028 before bid closing date and time(02.30 PM, IST). However, a copy of above supporting document should be uploaded in the Tender fee module during online bid submission.
Techno- Commercial Bid The Technical bid shall be submitted through online mode only through website https://eps.buyjunction.in
Bidder shall upload a Blank Price Schedule (furnishing all applicable Taxes, Duties etc,.)
Please note that prices must not be indicated in the Technical Bid. In case the price is included / indicated in the technical bid, then the entire bid may be liable for rejection.
Price Bid The Price bid shall be submitted through online mode only through https://auction.buyjunction.in/EPSWeb/security/getsignInAction.do strictly as per the price format enclosed along with the enquiry before closing date and time.
Uploading of Documents through e-Procurement site PART A
1. Upload Tender Fee DD
2. Upload EMD DD / BG as per Annexure IV
PART B
I.
Form Name (available through e-Procurement site): PQC Form
Sl. No. Type of Documents Reference:
1 Upload Documentary Evidence for PQC (a)
Annexure II – Pre Qualifying Condition ( a)
2 Upload Documentary Evidence for PQC (b)
Annexure II – Pre Qualifying Condition ( b)
3 Upload Documentary Evidence for PQC ©
Annexure II – Pre Qualifying Condition ( c)
II. Form Name (available through e-Procurement site): Technical Specifications Form
Sl. No. Type of Documents Reference:
1 Complete Technical Specifications of NIT and Specifications offered by the Tenderer
Annexure I
III. Form Name (available through e-Procurement site): Annexure II
Sl. No. Type of Documents Reference:
1 Upload Past supply Record Annexure II
2 VALIDITY Annexure-II
3 DELIVERY PERIOD Annexure II
4 Upload Blank Price Schedule Annexure III
(J.M. Sudhakar Rao)
Jt. General Manager (Materials)
Enclosures: 1. Annexure-I - Tech. Specifications 2. Annexure-II - General Terms & Conditions 3. Annexure –III - Blank Price Schedule 4. Annexure-IV - Proforma for BG towards EMD 5. Annexure- V - Proforma for BG towards Security Deposit 6. Annexure- VI - Proforma for BG towards Equipment Performance
7. Annexure- VII - Instructions to Bidder 8. Annexure-VIII - Business Rule Document for Reverse E-Auction
1. The tenderer should meet the following pre-qualifying conditions :-
a). The prospective bidder should either be a manufacturer or its authorized distributor/dealer/stockist/supplier of quoted Make and quoted Size OTR Tyres and doing business in this line for more than 3 years ending last day of the month previous to the one in which Tenders are invited. Necessary documentary evidence should be provided to prove that the bidder is doing business in this line since more than 3 years. Valid authorization certificate should be provided in case of offer submitted by other than the manufacturer.
b). The offered tyre should have been working satisfactorily world wide for minimum one year during the last 10 years ending last day of the month previous to the one in which Tenders are invited. Necessary documentary evidence should be provided to prove that these offered tyres are working satisfactorily for minimum one year . c). Manufacturer or their accredited dealers should have well established after sales service facility in India for considering their offer.
2. The Corporation reserves the right to accept or reject any tender or all the tenders, or cancel the
Purchase Enquiry without assigning any reason thereof.
Jt. General Manager (Materials)
Annexure - I
Technical specification of OTR Tubeless Tyres Bias Ply with O Rings:
1. OTR Tubeless Tyre size: 45 / 65-45: OTR tyre size: 45 / 65-45, minimum
58 Ply Rating , L5 type, cut Resistant, Bias Ply, Tubeless tyre with O rings supplied
against each individual tyre, for application in CAT 992K Model Caterpillar Make
Front End Loader.
2. OTR Tubeless Tyre size: 35 / 65-33: OTR tyre size: 35 / 65-33, minimum
42 Ply Rating , L5 type, cut Resistant, Bias Ply, Tubeless tyre with O rings supplied
against each individual tyre, for application in Komatsu Make, WD 600-3 Model
Wheel Dozer.
3. OTR Tubeless Tyre size: 24.00 X 35: OTR tyre size: 24.00 X 35, minimum
42 Ply Rating , E4 type, Bias Ply, Tubeless tyre with O rings supplied against each
individual tyre, for application in 60 Ton capacity Caterpillar Dumpers.
4. OTR Tubeless Tyre size: 18.00 X 25: OTR tyre size: 18.00 X 25, minimum
28 Ply Rating , E4 type, Bias Ply, Tubeless tyre with O rings supplied against each
individual tyre, for application in Motor Graders and 28 KL capacity Water
Sprinklers.
The above tyres are used in different iron ore mines of NMDC Limited in India
where highly abrasive steel grey Hematite Iron Ore having compressive strength
up to 4500 kg/sq. cm and hardness of 5.5 to 6.5 on MOH scale are mined.
The tenderers are requested to submit their offers with detailed technical
literatures.
ANNEXURE -II
GENERAL TERMS AND CONDITIONS
Any person signing the tender form or any documents forming part of the contract shall be deemed to have necessary authority on behalf of the tenderer and if it subsequently comes to light that the person so signing had no authority to do so, the purchaser may, without prejudice to other civil and criminal remedies, cancel the order or the tender and hold the supplier liable for all costs and damages. In case the tenderer is forwarding the tender to the authorized dealer/distributor/subsidiaries for submitting on their behalf, intimation to the effect is to be sent so as to reach us well in advance, so that the offer could be considered. In the absence of such intimation, the offer will be treated as 'Unsolicited' and will not be opened.
The tenderer should meet the following pre-qualifying conditions :- a). The prospective bidder should either be a manufacturer or its authorized distributor/dealer/stockist/supplier of quoted Make and quoted Size OTR Tyres and doing business in this line for more than 3 years ending last day of the month previous to the one in which Tenders are invited. Necessary documentary evidence should be provided to prove that the bidder is doing business in this line since more than 3 years. Valid authorization certificate should be provided in case of offer submitted by other than the manufacturer.
b). The offered tyre should have been working satisfactorily world wide for minimum one year during the last 10 years ending last day of the month previous to the one in which Tenders are invited. Necessary documentary evidence should be provided to prove that these offered tyres are working satisfactorily for minimum one year . c). Manufacturer or their accredited dealers should have well established after sales service facility in India for considering their offer.
1. SUBMISSION OF BIDS:
Bids are to be submitted online only in three part, following instructions on the portal.
The E-Procurement and Reverse Auction would be conducted by our Service provider M/s M-Junction
Services Ltd. Web site address for on-line submission of bid is https://eps.buyjunction.in
2. E.M.D.: a). Tender must be accompanied by Demand Draft of Rs. 200000/- (Rupees Two lakhs only) or USD 3200 (USD Three thousand Two Hundred only) in favour of NMDC Limited, payable at Hyderabad (India) or a Bank Guarantee of equivalent amount from any Nationalized bank/ Scheduled Commercial Bank in India in the prescribed format (Format enclosed) favouring NMDC Limited. BG should be valid for a period of 6 months. Without EMD the tender will be rejected. BG shall also be extendable depending up on the need.
The bidder has to send the original Demand Draft/Bank Guarantee against “EMD” drawn in favour of NMDC Limited, in a sealed cover indicating ‘EMD’, tender no. and date on top of cover, directly to Jt. General Manager (Materials), Material Management Department, NMDC Limited, 2nd Floor, Castle Hills, Masab Tank, Hyderabad – 500028 so as to reach before bid closing date (29-09-2015) and time(02.30 PM, IST). In case the above referred original DD/BG does not reach us with in the stipulated tender opening date and time (02.30 PM,IST), the offer will be rejected.
MSEs (Micro and Small Enterprises) registered with appropriate authority as per latest notification will be exempted from payment of tender fee & EMD provided they are registered for the items being quoted, on submission of documentary proof of such registration along with request for issue of tender documents. Government Departments/Public Sector Undertakings are exempted from the payment of tender fee only. Bidders seeking exemption from submission of EMD as per Govt. guidelines as above, shall submit the relevant documents/copy of the notification (latest) well in advance to examine the case.
However, the bidders should also upload the above copy in the e-procurement site.
3. PRICE:
Prices should be firm and fixed without any variation factor/adjustment and valid for acceptance for a period of 180 days from due date of tender opening. Price should be quoted on quantity basis and not on weight basis.
PRICE BASIS SHALL BE INDICATED CLEARLY. a) For indigenous supply, the price basis should be F.O.R. NMDC project destination should be
clearly mentioned. In case of F.O.R. Destination price subject to statutory variations, the existing rates of statutory levies along with other charges such as packing & forwarding, freight, insurance etc., should be mentioned. This should be indicated in the price schedule.
b) For overseas suppliers, the price should be quoted on the basis of F.O.B. dispatching Sea Port. The Sea freight and insurance will be borne by the purchaser (i.e. free on board the vessel at the nearest port of shipment, export worthy packing, inland freight, charges towards loading the consignment on the vessel, documentation etc, all other incidental charges / expenses up to the point of loading on the vessel etc, included.) Name of the port (Sea) proposed for shipment shall be clearly indicated. The rate should be given in both words and figures. Corrections/overwriting should be avoided, but if inevitable the corrections should be attested. The price to be quoted online will be as per the attached price schedule at Annexure –III. 4. TAXES & DUTIES: Percentage of Central / Provincial Sales Tax / VAT and Entry tax as applicable is to be indicated clearly. NMDC is entitled to issue concessional Central Sales Tax form “C”. Entry Tax if any will be paid by NMDC Limited. 5. TRANSPORT: Indigenous supplier is requested to indicate the Transportation Cost considered (Excluding the Service Tax) in their offer and the applicable service tax is to be clearly indicated. The tenderers are required to indicate number of trucks/ trailer with their capacity (also Type in case of trailer) required along with approximate dimension of consignment and the weight of consignment. Incase of overseas suppliers, the approximate weight and dimensions of the packing proposed to be made by the supplier are required to be furnished so that purchaser can arrange the transportation from the destination port to consignee’s end. Bidder shall indicate the dimensions and quantity of containers proposed for shipment.
6. PAYMENT: A). For indigenous supplies: Our standard payment terms are as below: I) Advance payment terms are not acceptable. II) 90% payment with applicable full taxes and duties are to be paid against following dispatch documents through bank. a) Clear Lorry Receipt. b) Signed commercial Invoice – 3 copies c) Packing List. d) Test Certificates. e) Pre-dispatch Inspection Certificate/Dispatch clearance certificate. f) Warranty Certificate. g) Documentary evidence towards Excise Duty. III) Balance 10% will be released after receipt & acceptance of tyres at our site. Following documents are to be submitted for payment
a) Signed commercial invoice - 3 copies b) Bank guarantee for 10% basic value of equipment drawn on any nationalized bank in India towards satisfactory performance of tyres valid for 15 months (12 +3 months).
Bank Account details are to be provided so that funds can be transferred through e-payment.
B) For Overseas supplies i) Advance payment terms are not acceptable. ii) 90% of Net FOB is payable on presentation of following documents against irrevocable letter of credit to be established by Corporation
1. Original B/L/Air way Bill. 2. Signed commercial Invoice – 3 copies. 3. Packing list / marking certificates. 4. Test /Inspection certificates. 5. Warranty Certificate. 6. Certificate of origin. 7. Technical catalogue / literature 8. Dispatch clearance certificate.
The tenderer is required to furnish the detailed address of their banker. iii) Balance 10% will be released after receipt and acceptance of tyres at our site. A separate LC will be established for 10% value immediately after receipt of tyres at our site. Following documents are to be negotiated through their bank for payment:-
a) Signed commercial invoice - 3 copies b) Bank guarantee for 10% FOB value of equipment drawn on any nationalized bank in India towards performance guarantee period valid for 15 months (12 +3 months).
iv) Indian Agency Commission (IAC): No IAC will be payable.
7. BANK CHARGES: The supplier and buyer should bear their respective Bank charges while establishment of Letter of Credit (wherever applicable), negotiating and retiring the documents through Bank. 8. SECURITY DEPOSIT: In the event of placement of an order, the supplier shall submit a Bank Guarantee towards security deposit to the Paying Officer of the respective project as mentioned at clause no 11 , @5% of the Basic order value within 30 days of acceptance of tender. The Security Deposit bears no interest and is refundable after satisfactory completion of the supply. Security Deposit can be submitted in the form of D.D or BG in prescribed form (As per format enclosed, Annexure V) valid for the delivery period plus 3 months. The BG shall be submitted from a Nationalized bank/scheduled commercial Bank in India. 9. DELIVERY PERIOD: Delivery period quoted should be definite and guaranteed. Failure to supply the material in time will attract penalty as per clause No. 15.
10. STYLE OF SHIPMENT: Style of shipment is to be indicated. 'O' rings should be packed separately in box and not to be tied with individual tyres. Suitable packing (Bead protector) should be made for individual tyres so that scratches / cuts will not occur while handling at port. 11. PLACE OF DELIVERY: The tyres should be supplied as per the details given below:
Kirandul Bacheli Donimalai Total
Sr. No.
Size of OTR Tubeless Tyres with O Ring
Qty(Nos.) Qty(Nos.) Qty(Nos.) Qty(Nos.)
1 OTR Tubeless Tyre size: 45 /
65-45: OTR tyre size: 45 / 65-45,
minimum 58 Ply Rating , L5
type, cut Resistant, Bias Ply,
Tubeless tyre with O rings
supplied against each individual
tyre, for application in CAT 992K
Model Caterpillar Make Front
End Loader.
02 NIL NIL 02
2 OTR Tubeless Tyre size: 35 /
65-33: OTR tyre size: 35 / 65-33,
minimum 42 Ply Rating , L5
type, cut Resistant, Bias Ply,
Tubeless tyre with O rings
supplied against each individual
tyre, for application in Komatsu
Make, WD 600-3 Model Wheel
Dozer.
03 02 NIL 05
3 OTR Tubeless Tyre size: 24.00
X 35: OTR tyre size: 24.00 X 35,
minimum 42 Ply Rating , E4
type, Bias Ply, Tubeless tyre with
O rings supplied against each
individual tyre, for application in
60 Ton capacity Caterpillar
Dumpers.
20 NIL NIL 20
4 OTR Tubeless Tyre size: 18.00 X 25:
OTR tyre size: 18.00 X 25, minimum 28 Ply Rating , E4 type, Bias Ply, Tubeless tyre with O rings supplied against each individual tyre, for application in Motor Graders and 28 KL capacity Water Sprinklers.
24 15 10 49
12. Price Matching after Reverse Auction & Order Distribution Quantity: NOT APPLICABLE
13. PART QUANTITY ORDER: Please confirm part quantity order acceptance. 14. REQUIRED QUANTITY: The above requirement is tentative, NMDC reserves the right to increase /decrease the qty. of item sl.nos: 1 & 2 by +/- 01 no. and item sl.nos: 3 & 4 by +/- 5 nos.
15. PENALTY: a. In the event of placement of order, should the supplier fail to deliver the tyres in full or part thereof
within the delivery date the corporation shall reserves the right to levy penalty on the supplier @ 0.5 % of the price of the undelivered stores for each week or part thereof but not exceeding 5% of the value of such materials.
b. Under the above circumstances, NMDC reserves the right to cancel the order or make alternative
purchase of the materials of similar description from else where at the risk and cost of the supplier duly giving an advance notice of 30 days to this effect and in such an event the seller will be liable to pay any losses that may be incurred by the buyer.
c. Except for the reasons specified in the Force Majeure Clause, the Corporation shall have the right to
levy the penalty as already provided. d. All correspondence in connection with the above may be addressed to the General Manager
(Materials), NMDC Limited, Hyderabad
16. FORCE MAJEURE CLAUSE:
Following standard force majeure clause is applicable to this contract.
If at any time during the continuance of this Acceptance of Tender, the performance in whole or in part by either party of any obligation under this contract shall be prevented or delayed by reason of any war, hostility acts of public enemy, civil commotions, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lock-outs or acts of God (here-in-after referred to as events), provided notice of the happening of any such event is given by either party to the other within 21 days from the date of occurrence there-of, neither party shall, by reason of such event, be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non – performance or delay in performance, and deliveries under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist.
17. MAKE: Make and model / type of OTR tyres should be clearly spelt out in the offer. The quoted tyres should be standard / latest and proven. 18. INSPECTION Final inspection of the tyres will be carried out at project site after receipt and acceptance which will be final & binding. In case the items supplied are rejected either fully or partly on account of defects, bad workmanship or other reasons, the supplier will have to arrange for free replacement of the same up to destination point. The freight and incidental charges for return of the rejected materials will have to be borne by the supplier. In case, rejected materials are not collected after receipt of rejection notice, no liability in respect of loss, damage, deterioration etc shall lie with the corporation. 19. WARRANTY Every tyre supplied against this tender and bearing the offered brand name should be guaranteed to be free from all defects in workmanship and material. The warranty should be valid for 12 months from the date of receipt of materials at the project site or 18 months from the date of despatch whichever occurs early. In case any defects are detected during the period of warranty the tenderer should arrange to examine the same and make good the loss in terms of rated life of these tyres. The examination procedure for the calculation of remaining life for warranty purpose and the compensation formula is as under: A= Original tread depth of the tyre, B= Remaining tread depth when the tyre fails and C= unit price of the tyre Compensation formula= ( B/A ) X C i.e., Compensation amount Rs. = (Remaining tread depth of the tyre/ Original tread depth when tyre fails) X unit price of the tyre. 20. PERFORMANCE GAURANTEE: Supplier shall submit a Bank Guarantee for 10% value of the order towards satisfactory performance valid for 12 months plus 3 months while claiming 10% payment. The BG should be drawn on any Nationalized bank in India as per NMDC format (Enclosed in Annexure - VI).
21. AFTER-SALES-SERVICE: The after-sales-service facilities proposed to be provided with full address of the location/office may be indicated. 22. TECHNICAL LITERATURE: Please furnish one set of technical details for the tyres quoted by you giving technical specification sheet/brochure etc., along with each set of tender documents. 23. PAST SUPPLY RECORD & PERFORMANCE REPORTS The updated past supply record for the quoted tyre sizes for the last 2 years should be submitted along with offer. 24. VALIDITY Your offer should be kept valid for 180 days from the date of tender opening and to be extended for further period if necessary. 25. WITHDRAWL OF TENDER: After submission of tender if it is withdrawn before expiry of validity period, NMDC can take any one or more of following action(s) without notice: 1. Forfeiture of Earnest money deposit. 2. Lodging complaint with NSIC/DGS&D/any other Government departments 3. Removal of supplier’s name from the company’s approved list of suppliers 26. TENDER EVALUATION PROCEDURE: Offers will be evaluated on destination cost basis for comparison purpose. Computation Procedure for arriving at destination cost will be followed as below: I) FOR INDIGENOUS SUPPLY: i) Ex-Works Price ii) Ex-works price + P & F Charges iii) Excise duty on ( Ex-works price + P & F Charges ) iv) Sales tax/VAT on ( Ex-works price + P & F charges + Excise duty ) v) Freight on (Ex-works price + P & F Charges)(unless specified by firm) vi) Insurance on ( Ex-works + P &F Charges + Excise duty + Sales tax + freight) (unless specified by the tenderer) vii) Destination cost = Ex-works price + P & F Charges + Excise duty + Sales tax + Freight and Insurance, entry tax if any
VAT input credit will be considered as applicable. The VAT applicable will be deducted from the destination cost for arriving at final destination cost i.e vii-iv ( for VAT only)
II) FOR IMPORTED SUPPLY i) Ex-Works price ii) Free on Board (FOB) = Ex-works + handling charges + documentation charges + license fee etc. iii) Cost, Insurance and Freight (CIF) = FOB price + Freight + Insurance charges (generally Freight & Insurance @ 10% on FOB price for sea freight consignments and for airfreight consignments @ 20% on FOB price will be considered. iv) Customs duty: As applicable on 101% of C.I.F. value. v) Incidental charges @ 5% on C.I.F. Value (for clearance at destination port + transportation up to Project) vi) For calculation purpose the exchange rate and Customs Duty as applicable one day before the Reverse
Auction will be considered. 27. DEVIATIONS
Any deviations on technical and commercial points are required to be brought out clearly in a separate sheet. However any deviation in the payment , performance guarantee and warranty terms will have suitable loading on the offers. Further any commercial deviations , if required, will be suitably price loaded while evaluating your offer. Bidder shall submit the deviation list, if any, else, shall clearly state that all the terms and conditions are acceptable and there are no deviations.
28. The Business operating procedure is to be followed as per Annexure- VIII. 29. Settlement of Disputes : 29.1 CONCILIATION: Any dispute, question, claim or difference arising out of or concerning this tender/ contract between the parties shall be settled through mutual negotiation by the parties and parties shall make all endeavors to settle this matter amicably. In case such amicable settlements is not possible, the parties shall take recourse to the conciliation proceedings for resolving such dispute, , question, claim or differences. The Conciliatory Committee shall comprise of the following:
(i) A nominee of NMDC Management- Member (Independent of the officer handling the case)
(ii) A nominee of the Supplier/ Contractor –Member (Independent of the officer handling the case)
(iii) Head of Law/ Law officer of NMDC- Member
The above committee shall conduct the conciliation proceedings in accordance with the provisions of the Arbitration and Conciliation Act 1996. The venue of the conciliation shall be at Hyderabad. The settlement so arrived at final conciliation shall be binding on both the parties and will not be called in question before any court or forum whatsoever. Reference to arbitration shall be made only when conciliation has failed.
29.2 ARBITRATION:
29.2.1 FOR ALL GLOBAL TENDERS/INTERNATIONAL TENDER All disputes or differences which may arise between the Owner and Supplier/ Contractor in
connection with this Contract (other than those in respect of which the decision of any person is expressed in the Contract to be final and binding) shall, after written notice by either party to the other, be referred for adjudication to the panel of 3 arbitrators, one each nominated by each party, i.e. owner and Supplier/ Contractor; and the third arbitrator / umpire shall be chosen by the two arbitrators from among the retired Judges of any High Court / Supreme Court of India.
The arbitral tribunal shall give reasons for its award. Each party bear its own cost and the cost of arbitration shall be equally borne by the parties. The award rendered in any arbitration hereunder shall be final and binding upon the parties. The parties agree that neither party shall have any right to resort to legal proceedings concerning any dispute under this agreement other than to enforce or facilitate the execution of the award rendered in such arbitration.
The arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act 1996 as amended from time to time.
29.2. 2 FOR ALL THE TENDERS OTHER THAN GLOBAL TENDERS 29.2.2.1 All disputes or differences which may arise between the Owner and
Supplier/ Contractor in connection with this Contract (other than those in respect of which the decision of any person is expressed in the Contract to be final and binding) shall, after written notice by either party to the other and to the Chairman cum Managing Director of the NMDC Ltd (who will be the appointing authority), be referred for adjudication to the sole Arbitrator to be appointed as hereinafter provided.
29.2.2.2 The appointing authority will send within ninety days of receipt of the notice of arbitration a panel of three names of persons, not directly connected with work, to the Supplier/ Contractor who will select any one of the persons named to be appointed as a sole Arbitrator within 30 days of receipt of names. If the appointing authority fails to send to the Supplier/ Contractor the panel of three names, as aforesaid, within the period specified, the Supplier/ Contractor shall send to the appointing authority a panel of three names of persons who shall also be unconnected with the organization by which the work is executed. The appointing authority shall on receipt of the names as aforesaid select any one of the persons named and appoint him as the sole Arbitrator. If the appointing authority fails to select the person and appoint him as the sole Arbitrator within 30 days of receipt of the panel and inform the Supplier/ Contractor accordingly, the Supplier/ Contractor shall be entitled to invoke the provisions of the Indian Arbitration and Conciliation Act 1996 as amended from time to time.
29.2.2.3 The arbitral tribunal shall give reasons for its award. Each party shall bear its own cost and the cost of arbitration shall be equally borne by the parties. The award rendered in any arbitration hereunder shall be final and binding upon the parties. The parties agree that neither party shall have any right to legal proceedings concerning any dispute under this agreement other than to enforce or facilitate the execution of the award rendered in such arbitration.
29.2.2.4. The arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act 1996 as amended from time to time.
29.3.3 For Government Departments/ Public Sector Undertakings 29.3.3.1. Arbitration between a Central Public Sector Undertaking of the Government of India (not under
the Ministry of Steel) and the Employer shall be as per the guidelines of Ministry of Heavy Industries and Public Enterprises, Government of India.
29.3.3.2. Arbitration between a Central Public Sector Undertaking of the Government of India under the Ministry of Steel, Government of India and the Employer, shall be as per the guidelines of the Ministry of Steel.
29.3.4. The further progress of any work under the contract shall unless otherwise directed by the
Owner / Engineer continue during the arbitration proceedings and no payment due or payable by/ to the Owner shall be withheld on account of such proceedings. It shall not be open to arbitrator to consider and decide whether or not such work shall continue during the arbitration proceedings.
29.3.5. The laws applicable to the Contract shall be the laws in force in India. The Courts of Hyderabad,
Telangana State shall have exclusive jurisdiction in all matters arising under this Contract. 30. Price/ purchase preferences as per guidelines issued by Government are applicable. 31. Quotations received after due date and time of opening will not be considered. 32. Corporation reserves the right to stagger the delivery of the order quantity. 33. Important Note: Tenderers are required to reply all commercial general terms and conditions (As per Annexure –II above) (point wise and clause wise) as per the following table.
SR. NO.
CLAUSE DESCRIPTION OUR REQUIREMENT YOUR CONFIRMATION
1 SUBMISSION OF BIDS IN online EPS platform
TO BE SUBMITTED
2 EMD TO BE SUBMITTED
3 PRICE TO BE SUBMITTED ONLY THROUGH ONLINE REVERSE AUCTION IN MJUNCTION PLATFORM
3 PRICE BASIS CONFIRM WHETHER THE QUOTED RATES ON FOR DESTINATION OR FOB OR EX-WORKS BASIS
4 TAXES & DUTIES FURNISH APPLICABLE TAXES/DUTIES ETC FOR INDIGINEOUS SUPPLIES
5 TRANSPORT TO BE QUOTED IN BLANK PRICE SCHEDULE AND DETAILS FOR TRANSPORTATION TO BE FURNISHED
6 PAYMENT TERMS CONFIRM YOUR ACCEPTANCE AS PER NIT
7 BANK CHARGES CONFIRM YOUR ACCEPTANCE AS PER NIT
8 SECURITY DEPOSIT CONFIRM YOUR ACCEPTANCE AS PER NIT
9 DELIVERY PERIOD CONFIRM THE D/P CONSIDERED IN YOUR OFFER AND ALSO CONFIRM OUR DELIVERY SCHEDULE
10 STYLE OF SHIPMENT CONFIRM YOUR ACCEPTANCE AS PER NIT
11 PLACE OF DELIVERY CONFIRM YOUR ACCEPTANCE AS PER NIT
12 DISTRIBUTION OF QUANTITY
CONFIRM YOUR ACCEPTANCE AS PER NIT
13 PART QUANTITY ORDER
CONFIRM YOUR ACCEPTANCE AS PER NIT
14 REQUIRED QUANTIRY CONFIRM YOUR ACCEPTANCE AS PER NIT
15 PENALTY CONFIRM YOUR ACCEPTANCE AS PER NIT
16 FORCE MAJEURE CONFIRM YOUR ACCEPTANCE AS PER NIT
17 MAKE CONFIRM THE MAKE OFFERED BY YOU FOR THE QUOTED ITEM(S)
18 INSPECTION CONFIRM YOUR ACCEPTANCE AS PER NIT
19 WARRANTY CONFIRM YOUR ACCEPTANCE AS PER NIT
20 PERFORMANCE GUARANTEE
CONFIRM YOUR ACCEPTANCE AS PER NIT
21 AFTER SALES SERVICE CONFIRM THE DETAILS FROM WHERE YOU ARE GOING TO PROVIDE AFTER SALES SERVICE
22 TECHNICAL LITERATURE
ENCLOSE RELEVANT TECHNICAL LITERATURE FOR THE QUOTED ITEM(S)
23 PAST SUPPLY RECORDS ENCLOSE RELEVANT PAST SUPPLY DETIALS AND PERFORMANCE FOR THE QUOTED ITEM(S)
24 VALIDITY CONFIRM YOUR ACCEPTANCE AS PER NIT FOR 180 DAYS VALIDITY
25 WITHDRAWAL OF TENDER
CONFIRM YOUR ACCEPTANCE AS PER NIT
26 TENDER EVALUATION PROCEDURE
CONFIRM YOUR ACCEPTANCE AS PER NIT
27 DEVIATIONS SEPARATE SHEETS FOR TECHNICAL AS WELL AS COMMERCIAL MAY BE ENCLOSED IN CASE YOUR OFFER IS HAVING ANY DEVIATION TO THE NIT
29 SETTLEMENT OF DISPUTES
CONFIRM YOUR ACCEPTANCE AS PER NIT
30 PRICE/PURCHASE PREFERENCE
CONFIRM YOUR ACCEPTANCE AS PER NIT
If the remark is not inline with our tender requirement, the same should be elaborated.
34. Complete techno-commercial offer (Part-B only) may also be provided in soft copy in MS word format to facilitate speedy processing of the case. 35. The Corporation reserves the right to reject or accept any tender in part or full or cancel the purchase enquiry without assigning any reasons, or place order for part or full quantity. The Corporation also reserves the right to load on various parameters in case of deviations from the tender conditions at rates deemed fit without any discussions / correspondence with the tenderer.
36. “For the evaluation of the Tenders, NMDC would rely on the documents submitted and declarations made by the Tenderer in connection with the Tender. Therefore, NMDC expects such documents and declarations to be true and authentic. In case it is found, at any stage, that the document(s) submitted and / or the declaration(s) made by a Tenderer is / are false, NMDC reserves its right, notwithstanding any other rights/remedies under the terms and conditions of the Tender, to BAN Business dealings with the Tenderer for a period upto Two years”.
All the points indicated at Technical Specifications enclosed at Annexure-I and commercial points at Annexure - II are to be confirmed.
( J M Sudhakar Rao) Jt. General Manager (Materials)
ANNEXURE – III
Price schedule 1. Indigenous supply:
Sl. No.
Description of the item
Qty (Nos.)
Ex-work Unit Price (Rs.)
P & F @%
ED @ %
Cess on ED @ %
ST / VAT @
%
Freight charges excluding Service Tax (Rs.)
Insurance excluding Service Tax(Rs.)
FOR Destination
Price per 1 No.(Rs.)
FOR Destination
Price for total qty.
(Rs.).
1
OTR Tubeless Tyre
size: 45 / 65-45,
minimum 58 Ply
rating, L5 type, Bias
Ply with O Ring, As
per Technical
Specification in
Annexure-I.
02
2 OTR Tubeless
Tyre size: 35 / 65-
33, minimum 42
Ply rating, E4 type,
Bias Ply with O
Ring. As per
Technical
Specification in
Annexure-I.
05
3 OTR Tubeless
Tyre size: 24.00 X
35, minimum 42
Ply rating, E4 type
Bias Ply with O
Ring, As per
Technical
Specification in
Annexure-I.
20
4 OTR Tubeless
Tyre size: 18.00 X
25, minimum 28
Ply Rating, E4
Type Bias Ply with
O Ring, As per
Technical
Specification in
Annexure_I.
.
49
Note: The applicable Service Tax on freight charge is to be clearly indicated.
2. Overseas supply : The FOB price should include inland freight, packing & forwarding and Handling charges and Indian agency commission if any.
Sr. No.
Description of the item
Qty (Nos.) Unit Price of tyres on FOB basis
Extended prices for total quantity on FOB basis for Total qty.
1
OTR Tubeless Tyre
size: 45 / 65-45,
minimum 58 Ply
rating, L5 type, Bias
Ply with O Ring, As
per Technical
Specification in
Annexure-I.
02
2 OTR Tubeless
Tyre size: 35 / 65-
33, minimum 42
Ply rating, E4 type,
Bias Ply with O
Ring. As per
Technical
Specification in
Annexure-I.
05
3 OTR Tubeless
Tyre size: 24.00 X
35, minimum 42
Ply rating, E4 type
Bias Ply with O
Ring, As per
Technical
Specification in
Annexure-I.
20
4 OTR Tubeless
Tyre size: 18.00 X
25, minimum 28
Ply Rating, E4
Type Bias Ply with
O Ring, As per
Technical
Specification in
Annexure_I.
.
49
ANNEXURE-1V
PROFORMA BANK GUARANTEE FOR E.M.D.
(TO BE USED BY ALL NATIONALISED BANKS/ SCHEDULED COMMERCIAL BANKS IN INDIA)
(To be submitted on Rs.100/- Non judicial stamp paper and the non-judicial stamp paper should be in the name of the issuing bank). Ref. Bank Guarantee No. Date: To, NMDC Limited, Khanij Bhavan, 10-3-311/A, Castle Hills, Masab Tank, Hyderabad- 500 028. Dear Sirs, In accordance with your invitation to tender under specification no._________________M/s.______________having its registered/Head Office at_______________ (hereinafter called the tenderer) wish to participate in the said tender for__________________and you, as a special favour, have agreed to accept an irrevocable and unconditional Bank Guarantee for an amount of ______________valid upto _________________on behalf of the tenderer in lieu of tender deposit required to be made by the tenderer, as a condition precedent for participation in the said tender. We, the _________________bank at __________ having our Head Office at______________(local address) guarantee and undertake to pay immediately on demand by NMDC Limited, the amount of ____________________(in figures and words) without any reservation, protest, demur and recourse. Any such demand made by said Purchaser shall be conclusive and binding on us irrespective of any dispute or difference raise by the tenderer. This guarantee shall be irrevocable and shall remain valid up to_____________, if any further extension of this guarantee is required, the same shall be extended to such required period (not exceeding one year) on receiving instructions from M/s____________whose behalf this guarantee is issued. This date should be 30 days after the guarantee is valid. In witness where of the Bank, through its banker has set its hand and stamp on this ____________20_______. WITENESS: SIGNATURE: SIGNATURE: NAME: OFFICIAL ADDRESS DESIGNATION WITH BANK ATTORNEY AS PER POWER OF ATTORNEY NO: DATE:
ANNEXURE-V
GUARANTEE BOND FOR SECURITY DEPOSIT
(TO BE USED BY ALL NATIONALISED BANKS/ SCHEDULED COMMERCIAL BANKS IN INDIA)
1.In consideration of NMDC Limited, having agreed to exempt__________(hereinafter called “the said Contractor(s)”) from the demand, under the terms and conditions of an Agreement no.______ dated _______ made between ________ and _____ and ________ for (hereinafter referred to as “the Bank”) do hereby undertake to pay to the NMDC Limited, Hyderabad an amount not exceeding Rs.____ /- against any loss or damage caused to or suffered or would be caused to or suffered by the NMDC Limited, Hyderabad by reason of any breach by the said Contractor(s) of any of the terms and/or conditions contained in the said Agreement . 2. We_____Bank Limited, do hereby undertake to pay the amount due and payable under this guarantee without any demur, reservation, recourse, contest or protest and/or without any reference to the contractor, merely/on a demand from NMDC stating that the amount claimed is due by way of loss or damage caused to or would be said Contractor(s) of any of the terms or conditions contained in the said Agreement or by reason of the said Contractor(s) failure to perform the said Agreement. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. _____/-. 3. We____Bank Limited, further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of the NMDC under or by virtue of the said agreement have been fully paid and its claim satisfied or discharged or till ______ NMDC certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Contractor(s) and accordingly discharges the guarantee. The Corporation is at liberty to ask the Bank before the expiring of this Bank Guarantee to extend the validity/term of the Bank Guarantee from time to time. 4.We_________Bank Limited, further agree with the NMDC that the NMDC shall have fullest liberty without our consent and without affecting in any manner or obligations hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the NMDC Limited, against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said contractor(s) or for any forbearance, act or omission on the part of NMDC or any indulgence by NMDC to the said Contractor(s) or by any such matter of thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us. 5.We,________Bank Limited, lastly undertake not revoke this guarantee during its currency except with the previous consent of the NMDC Limited, in Writing. Dated the __________day of__________20___ For _______________________Bank Limited
ANNEXURE-VI
PROFORMA BANK GUARANTEE FOR PERFORMANCE
( To be stamped on Rs.100 non-judicial stamp paper) ( TO BE USED BY ALL NATIONALISED BANKS IN INDIA)
Ref.__________ Bank Guarantee No._________ Date --------- To, The Consignee Dear Sir, In consideration of the NMDC Limited, (hereinafter referred to as the "Owner" which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators and assigns) having awarded to M/s._____________ with its Registered/Head Office at _______(hereinafter referred to as the 'Contractor' which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a contract by issue of Owner's Letter of Award No._________ dated_______ and the same having been unequivocally accepted by the contractor resulting in a contract bearing No.________ dated________ valued at ______ for_______(scope of contract), and the Contractor having agreed at provide a contract performance guarantee for the faithful performance of the entire contract equivalent to *________% (_______ percent) of the said value after contract to the Owner. We_____ (i.e. Name and address), having its Head Office at _______ (hereinafter referred to as the Bank which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the Owner, on demand any and all money payable by the Contractor to the extend of _________as aforesaid at any time up to **_________ (i.e. days/month/year) with-out any demur, reservation, contest, recourse or protest and/or without any reference to the contractor. Any such demand made by the Owner on the Bank shall be conclusive and binding not with-standing any difference between the owner and contractor or any dispute pending before any court, tribunal or any authority. The Bank undertakes not to revoke this guarantee during its currency without previous consent of the owner and further agrees that the guarantee herein contained shall continue to be enforceable till the owner discharges this guarantee. The owner shall have the fullest liberty without affecting in any way the liability of the Bank under this guarantee from time to time to extend the time for performance of the contract by the contractor. The owner shall have the fullest liberty, with-out affecting this guarantee is postpone from time to time the exercise of any powers, vested in them or of any right which they might have against the contractor, and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce any convenience contained or implied, in the contract between the owner and contractor or any other course of or remedy or security available to the owner. The Bank shall not be released to its obligations under these presents by any exercise by the owner of its liberty with reference to the matters aforesaid or any of them or by reason of any other acts of omission or commission on the part of the owner or any other indulgence shown by the owner or by any other matters or thing whatsoever which under law would but for this provision, have the effect of relieving the Bank. The Bank also agrees that the owner at its option shall be entitled to enforce this guarantee against the Bank as a principal debtor, in the first instance without proceeding against the contractor and not withstanding any security or other guarantee that the owner may have in relation the contractor’s liabilities.
1. The Bank guarantee shall remain in full force and effect upto _____(date) and the Owner shall have the right to demand or claim or en-cash / negotiable this Bank Guarantee within 3 months after the aforesaid date i.e. _____ (date). A demand or claim in writing if received by us within the period i.e. on or before __________(date) will be honoured. 2.This Bank Guarantee shall be extended form time to time for such period (not exceeding one year) by _________on whose behalf this guarantee has been given as desired by the corporation. WITNESS DATED THIS_______ DAY OF__________20___ AT____ WITNESS ______________________ _____________________________ (Signature) (Signature) ____________________________ Bankers Rubber stamp (Name) ____________________________ Designation with Bank Stamp Attorney as per power of Attorney no.____________ Dated: __________ Note: * This sum shall be ten percent (10%) of the contract price. ** The date will be ninety (90) days after the end of the warranty period as specified in the contract.
ANNEXURE-VII
INSTRUCTION TO THE BIDDERS
1. All bids are to be submitted on-line only. No bid in any other mode shall be accepted.
2. Web site address for on-line submission of bid is https://eps.buyjunction.in
3. Bidders should carefully go through the full NIT for clear understanding. Conventional mode of submission of tender mentioned anywhere else stands deleted.
4. The bidder has to deposit the original E M D against ‘EMD’ and the original of the notarized affidavits on the formats given in NIT in person, which must be received in the office of NMDC. NMDC shall not be responsible for any delay in receipt of aforesaid originals of ‘EMD’. In case the above are not received within aforesaid period, the bid will be out-rightly rejected and tenders of such tenderer shall not be considered further in on-line technical evaluation and further participation of the tendering process.
5. The tenderer can edit or revise their tender any number of times prior to last date and time of submission of tender. System is designed to accept only the latest revision done by the tenderer as valid offer.
6. It is the bidder’s responsibility to comply with the system requirement i.e. hardware, software and internet connectivity at bidder’s premise to access the e-tender portal. Under any circumstances, NMDC shall not be liable to the bidders for any direct/indirect loss or damage incurred to them arising out of incorrect use of the e-tender system or internet connectivity failures.
7. After evaluation of Technical bid, the tender will go for reverse bidding procedure for determining L1 price. Eligible bidders will be communicated by Mjunction regarding the date, time and formalities of Reverse Bidding.
Reverse Bidding Notice Format:
1. During Reverse Bidding the bidder may contact MJs only for guidance only at the Auction Room nos. The Auction room numbers will be communicated to the bidders before start date of Reverse bidding. All conversations will be on record. Calls made to any other contact nos. or mobiles will not be entertained during the reverse bidding period.
2. Be active during bidding. Keep your contact nos. free from any other calls so that MJ representatives can reach you easily whenever required.
3. Ensure stable connectivity. Manual Extensions will not be provided at the request of a bidder. M/s mjunction services limited or the Client will not be responsible for any dis-connectivity or infrastructural failure at your end.
4. In case there is any technological failure from MJ end, the Auction / Bidding will be paused and will get extended for the period it was down.
5. Keep your email inbox open to receive any files, if sent, during the event.
6. Bid ahead of close time. Do not wait till the last few seconds to bid. Your bid may not finally get registered in the system due to slow connection speed at your end or due to the time lag between your server and our server.
7. Only authorized people should bid. Bids once placed will have to be honoured. Incorrect Bids, if placed for whatsoever reason cannot be DELETED from the system. Please be careful while bidding.
8. You need to change your password to keep it secure. Mjunction or NMDC will not be responsible for any misuse of your Login ID and password.
9. The bidders will be able to see the latest Market Price only after submitting one valid bid, which could be either the Start Bid Price or a price lower than that. If the bid submitted by the bidder is a valid bid (start bid price or lower than the start bid price) but is rejected / invalid, then for 1 minute the system will show them the current market price under the current price column.
ANNEXURE-VIII
Annexure A
BUSINESS RULE DOCUMENT (BRD)
Methodology for Online Reverse Auction
Role of Service Provider (SP)
SP is the agency (operator) primarily providing the forum for conducting the Reverse
Auction. As the agency providing the auction engine, the role of SP would include:
Input of the details of the auction items and defining of the bidding rules as desired by the
client and training of prospective bidders.
Providing access to the approved bidders to participate in the auction.
Enhancing bidder awareness of and comfort with the auction mechanism and bidding rules.
Summarizing of the auction proceedings & communicate the outcome to the Client.
The responsibility for fulfillment of the contract rests between the bidder and the
client, and SP shall have no liability on this account.
Role of the Bidder
The role of the bidder is outlined below:
The bidder would participate in the Reverse Auction with the aim of bidding to secure the
auctioned works/services in the auction (being selected for executing the client's
requirement in a Reverse Auction).
The bidder would be provided access to the Auction through a User ID protected by a
password. The bidder needs to ensure that the User ID and password is not revealed to
unauthorized persons.
Access to the auction mechanism shall be provided to all the approved bidder subsequent
to obtaining their written consent to the General Rules & Regulations.
Bidder's bid will be taken as an offer to the works/services. Bids once made cannot be
cancelled /withdrawn. In the event of winning an allotment in the auction mechanism, the
bidder shall commit to fulfill outlined obligations under the contract.
6
Role of NMDC Limited
NMDC's decision on award of contract shall be final and binding on all the Bidders. .
NMDC shall be at liberty to cancel the reverse auction process / tender at any time, before
ordering, without assigning any reason.
During the online reverse auction, if no bid is received in the auction system / website within the
specified time duration of the reverse auction, then NMDC, it its discretion, may decide to revise
the auction's Opening price(SBP) I. scrap the online reverse auction process/ proceed with the
conventional mode of tendering
Reverse Auction for the tender is subject to all the agreed terms and conditions. Bidding Rules:
The Bidding Rules refer to the information and terms defined specifically for a particular Reverse
Auction. The purpose of the Bidding rules is to provide approved bidder with the information and
terms specific to the auction in which they are bidding. This would include:
Start Time and duration of the Reverse Auction
Any extension of the duration of the auction in the event of bids being received towards the
end of the pre-specified duration
Reserve Price (if specified) Minimum & Maximum Bidding Quantity (if specified)
Price Decrements.
Other attributes (informational/non-negotiable in nature)
Participation in the auction process presumes complete awareness and understanding of the bidding
rules.
Conduct of the Reverse Auction
The Reverse Auction shall be conducted on pre-specified date.
NMDC rese ves the right to cancel or reschedule the Reverse Auction on any of the followings reasons:
The number of confirmed bidders is deemed to be insufficient to conduct the Reverse Auction.
Some of the confirmed bidders are unable to access the module due to infrastructural problems
such as sustained power failure or telecommunication breakdown,
7
It is determined that one or more bidders have submitted bids which are clearly below cost.
The period of auction may also vary from the pre-specified period of time on account of
termination of the auction by SP:
a) On the advice of the NMDC
or
b) On its own accord in case of situations where it is felt that continuance of the auction
proceedings is prejudicial to the smooth conduct and /or the integrity of the auction
process.
Participation by the bidders in the Reverse Auction is optional. In case the bidder is not
participating in Reverse Auction, then the physical price bid submitted along with his offer shall be opened
for evaluation. Bidders willing to participate in the reverse auction shall adhere to the Business Rule
Document (BRD) enclosed as Annexure A.
Problems during the conduct of the Reverse Auction
In the event of any problems being faced in the smooth conduct of the Reverse Auction, SP shall
have the right to undertake the following steps:
Cancellation of a bid
Locking of a bidder's account (suspension of operations in the account) etc.
Such intervention may also happen without seeking prior concurrence of the client.
Definition of Key Terms — Reverse Auction
Reverse Auction
Reverse Auction refers to a forum where the requirements for one/more Markets of an
item/works/services is stated and the participants are required to bid down the price to be
selected to supply or carry out the works/services as per the requirements.
On-line Reverse Auctions
On-line Reverse Auctions refer to those Reverse Auction conducted through the Internet
with simultaneous bidding (from one or more locations). In other words, the venue for the
auction is on an Internet website/ platform. The website of Service Provider (SP) or any
other URL assigned by SP would constitute the venue for the purpose of the On -line
auction.
Service Provider (SP)
Service Provider (SP) is the agency (operator) engaged by NMDC Limited for
conducting the Online English Reverse (no ties) Auctions. SP is fully authorized to give
clarifications / coordinate with the Bidders on behalf of NMDC Limited with respect to
the conduct of Reverse Auction for the items/services/works mentioned in this enquiry.
Award at the Reverse Auction
The bidder quoting the lowest price is normally allotted the item unless otherwise
specified by the Client.
Owner/Employer/Client
Owner is the individual/business entity who has contracted SP to conduct such Reverse
Auction. In case of Reverse Auction, the purpose would be to meet their requirement for
works/services from among the qualified bidders desiring to execute the works /services
of the Client.
Bidder
Bidder is the individual/business entity participating in the Reverse Auction, intending to
execute the works/services of the Client. To become a Bidder in the auction, a business
entity has to secure client's approval for participation and also provide written assent to
the General Rules and Regulations.
9
Auction Engine
Auction Engine refers to the software that encapsulates the entire auction environment,
processing logic and information flows. SP is the sole owner of the auction engine and
retains exclusive right over the utilization of the same.
Preview Time
Preview Time refers to the period of time that is provided prior to the commencement of
bidding. This is to facilitate approved participants to view the auction details such as item
specifications, bidding details and bidding rules. The purpose is also to familiarize
participants with the functionalities and screens of the auction mechanism. It is not
mandatory for SP to provide Preview Time.
Start Time
Start Time refers to the time of commencement of the conduct of the On-line auction. It
signals the commencement of the Price Discovery process through competitive bidding.
Duration of the Reverse Auction
It refers to the length of time the price discovery process is allowed to continue by
accepting bids from competing bidders. The duration of the auction would normally be
for a pre-specified period of time. However, the bidding rules may state the conditions
when the pre-specified duration may be extended/ curtailed. The conditions include:
Curtailment of auction duration in the event of no bids for a specified
period of time (inactivity Time). (Optional)
Automatic extension in the event of bids being entered towards the end of the
scheduled duration to facilitate the other time bidders to view and react to the
bid.
Auto Extension of the Auction Timings
In the event of bids in the last few minutes of the scheduled bid time, the Bid Timings are
automatically extended for a specified period from each such bid. Such Auto Extension
shall continue until no bids are placed for the specified period (engine remains inactive
for the specified period). The inactivity for Auto Extension purpose is normally 5
minutes. SP however retains the right to change the same. The Inactivity time applicable
for the particular On-line Bid shall be communicated to the bidder if it will be set to a
value less or more than 5 minutes.
10
End of the Reverse Auction
End of the Reverse Auction refers to the termination of the auction proceedings
signaling an end to the price discovery process.
Auction Report
SP would provide an Auction Report to the Client containing a summary of the auction
proceedings and outcome. The auction report would constitute the official
communication from SP to the client about the outcome of the Reverse Auction.
ID and Pass Word - Pass word and ID shall be given to all the eligible bidders by the
Service Provider for enabling to participate in the Reverse Auction.
Start —Bid Price (SBP) — Start Bid Price is the estimated price of items/works/services
decided by NMDC Limited. This is the Maximum Price, which will be accepted by the
Reverse Auction engine. Supplier have to quote a price lesser than the Start Bid Price for
participating in the Reverse Auction. The computer shall not accept price higher than
Start Bid Price for items/works/services. Bidding with start Bid Price to be intimated in
advance to the bidders eligible for bidding. This will be put up on the site and will also be
communicated in advance through Fax/ email.
Minimum Decrement- This minimum decrement shall be pre-decided by NMDC
Limited and will be in-built in the system for Standard Reverse Auction.
The detail of Online bidding process is given below:
All the tenderers whose offers are found techno-commercially acceptable become eligible
for participating in price bidding through On-line English Reverse (no ties) Auction over
Internet.
Bidding by an eligible bidder during the Reverse Auction event is at the discretion of the
bidder. In ease bidder does not participate in the reverse auction over internet his price
bid submitted during bid submission only shall be considered for evaluation purpose.
The Service Provider will intimate Date & Time for Start of Reverse Auction & duration
of auction to the eligible tenderers in advance. Login ID & Password specific to each
tenderer will be given and demonstration of bidding (On-line) process will also be
provided to enable each tenderer to fully understand the process of bidding On-line.
Thereafter; at scheduled time the screen for On-line bidding is launched wherein the
bidder will put in their best price offers through On-line bids by which the Start Bid Price
can be reduced by the tenderers to secure orders for the works/services. Bidders who are
eligible, and who accept all the Terms and Conditions of reverse auction shall be
intimated by the SP to participate in the English Reverse (no ties) Auction.
ii
1.3 All eligible tenderers having password can view the bidding on their computer screen and
also enter their prices any number of times during the duration of bidding.
2.0 Service Provider (SP) and the Issuance of ENQUIRY
2.1 NMDC Limited will engage the SP for conducting the Online English Reverse (no ties)
Auctions: SP is fully authorized to give clarifications / coordinate with the Bidders on
behalf of NMDC Limited with respect to the —conduct of Reverse Auction for the
items/services/works mentioned in this ENQUIRY. The details of the Service Provider
will be provided by the owner/employer at appropriate time before the reverse auction
2.2 The Service Provider (SP) will explain the Reverse Auction process to all prospective
bidders and clarify issues, if any. It will be responsibility of the tenderers to get them
acquainted to their satisfaction with the On-line bidding process by thoroughly interacting
with the SP. However SP will not make any changes to the procedure without prior
approval of the employer.
It is categorically to state on behalf of NMDC Limited and SP that the Bidders need not
to pay any fee towards training for actual bidding etc., in the Reverse Auction and the
Bidders need not subscribe to any of the services in lieu of participation in the Reverse
Auction
2.4 Vendor Enablement — The Service Provider is responsible of familiarizing the bidders
with the On-line Reverse (no ties) Auction Process. (including training to the vendors).
2.5 All Bidders have to confirm through a letter (fax or scanned and e-mailed their last -
quoted prices within two hours of concluding the Reverse Auction also the bidders
would have to submit price break-up as per the price schedule format of the item within
72 hours from the date of reverse auction without any new condition other than those
already agreed to before start of auction.
Validity of Bids: The RA price shall be firm and fixed for a period (i.e 60/120/180 days)
as defined in the bid document or extended thereafter from the date of Reverse Auction
for the agreed techno commercial terms and conditions and shall not be subjected to any
change whatsoever.
!.7 Bidders are advised to quote from a reliable Internet facility, as neither NMDC Limited
nor SP would be responsible for any failure in the Internet connectivity during the
bidding.
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Annexure-B
(to be submitted on company letter head by all Bidders participating in Reverse Auction)
To,
NMDC Date:
Acceptance of Reverse Auction Business Rules and Terms & conditions in respect of Tender/
Tender. No. ______________________ Dated ___________________for the work of
We refer to the captioned subject and confirm that -
1) The undersigned is our authorized representative.
2) We have accepted and abide by all Terms of captioned Tender documents and Business
Rules and Terms & conditions of Reverse Auction for the procurement for which RFP is
floated.
3) NMDC and Service Provider shall not be liable & responsible in any manner whatsoever
for my/ our failure to access & bid in Reverse Auction due to loss of internet
connectivity, electricity failure, virus attack, problems with the PC, any other unforeseen
circumstances etc. before Of during the auction event.
4) We understand that in the event we are not able to access the auction site, we may
authorize Service Provider to bid on our behalf by sending a fax containing our offer
price before the auction close time and no claim can be made by us on either NMDC or
Service Provider regarding any loss etc. suffered by us due to acting upon our
authenticated fax instructions.
5) I / We do understand that Service Provider may bid on behalf of other Bidders as well in
case of above mentioned exigencies.
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एनएमडीसी लिलमटेड
NMDC LIMITED (A GOVERNMENT OF INDIA ENTERPRISE) (भारत सरकार का उद्यम)
10-3-311/A, CASTLE HILLS, MASAB TANK, HYDERABAD-500 028
10-3-311/ए, कैसि हििस् ,मासब टैंक ,िैै़दराबाद – 800005
Telephone: 0091-40-23538710/23536740, 23538713 to 23538721 Ext: 228/223/371, Fax: 23538781
Email: [email protected];[email protected];[email protected]
6) We also confirm that we have a valid digital certificate issued by a valid Certifying
Authority.
7) We will participate in Reverse Auction conducted by _______________________ (name
of Service Provider) and agree to enter into an agreement with him (Service Provider) for
making the process of Reverse Auction and its result legally binding on us.
8) We will fax /scanned copy through email duly signed filled-in as provided on case-to-
case basis, to NMDC within 2 hours of end of Reverse Auction without fail.
9) We will give break-up of our last /lowest bid price as per Bill of material at the end of
Reverse Auction event within 72 hours without fail.
10)-We undertake to supply at our final lowest bid price of Reverse Auction/ or physical bid
price. In case of back out or not supply/execute as per the rates quoted by us, NMDC is
free to take appropriate action against us and/ or forfeit the Bid security amount, debar us
from participating in future tenders.
11) We nominate our official Shri ____________________________ Designation ______
of our company to participate in Reverse Auction. We authorize NMDC to issue USER
ID & PASSWORD to him. His official e-mail & contact number are as under. Email :
M o b i l e N o
Signature of company
Name of Authorized representative
Designation
Email :
Mobile no:
Tel No:
Fax no :
