scl/ps/2017e0065901 13/05/2017 purchase& stores · tender no: scl/ps/2017e0065901 3 (c)...

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Tender No: SCL/PS/2017E0065901 1 Tender Details Tender No: SCL/PS/2017E0065901 Tender Date: 13/05/2017 Purchase Entity: Purchase& Stores Tender Notice

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Tender No: SCL/PS/2017E0065901 1

Tender Details

Tender No: SCL/PS/2017E0065901

Tender Date: 13/05/2017

Purchase Entity: Purchase& Stores

Tender Notice

Tender No: SCL/PS/2017E0065901 2

Tender Attachments

Technical Write-up/Drawings

Attachment - I:

IDT00121900000000000isro05401.pdf

Attachment - II:

Attachment - III:

Attachment - IV:

Attachment - V:

Instructions to Tenderers (LT)

.:

1. Bids will not be entertained after the due date and time.

2. Sales Tax/ Service Tax and/or other duties/levies where legally leviable and intended to be claimed

should be distinctly shown separately in the tender.

3. (a) Your quotation should be valid for 90 days from the date of opening of the tender.

(b) Prices are required to be quoted according to the units indicated.

4. (a) All available technical literature, catalogues and other data in support of the specifications and

detail of the items should be furnished as attachments.

(b) Samples, if called for, should be submitted free of all charges by the tenderer and the Purchaser shall

not be responsible for any loss or damage thereof due to any reason whatsoever. In the event of non -

acceptance of tender, the tenderer will have to remove the samples at his own expense.

Tender No: SCL/PS/2017E0065901 3

(c) Approximate net and gross weight of the items offered shall be indicated in your offer. If dimensions

details are available the same should be indicated in your offer.

(d) Specifications: Stores offered should strictly conform to our specifications. Deviations, if any, should

be clearly indicated by the tenderer in their quotation. The tenderer should also indicate the Make/Type

number of the stores offered and provide catalogues, technical literature and samples wherever

necessary. Test certificates wherever necessary should be attached. Whenever options are called for in

our specifications, the tenderer should address all such options. Wherever specifically mentioned by us

the tenderer could suggest changes to specifications with appropriate response for the same.

5. The purchaser shall be under no obligation to accept the lowest or any tender and reserves the right

of acceptance of the whole or any part of the tender or portion of quantity offered and the tenderers

shall supply the same at the rates quoted.

6. All amounts shall be indicated both in words as well as in figures. Where there is difference between

amounts quoted in words and figures, amount quoted in words shall prevail.

7. The tenderer will be required to furnish a document containing the name of his bankers as well as the

latest income-tax clearance certificate duly counter signed by the Income-tax Officer of the Circle

concerned under the Seal of his office, if required by the Purchaser.

8. The Purchaser reserves the right to place order on the successful tenderer for additional quantities up

to 25% of the quantity offered by them at the rates quoted.

9. This being a two part tender i.e. Technical and Commercial part separate, the Technical part should

not contain Pricing information of the tendered stores. The tenders containing Price details of the

tendered stores in Technical part will be treated as unsolicited offers and rejected

Standard Terms and Conditions

.:

1. Interested tenderers may, at their option, login to http://eprocure.isro.gov.in and submit offers as per

details in the tender notification.

2. Indian agents while quoting on behalf of their principals are requested to attach necessary

authorization letter from their Principals in their bid.

3. The offer should be valid for a minimum period of 90 days from the date of opening.

4. Bids will not be entertained after the due date and time.

5. Request for the extension of the due date will not be considered.

Tender No: SCL/PS/2017E0065901 4

6. SCL reserves the right to reject the lowest or in part any bid or all bids. The Vendor is at liberty to seek

information related to bidding conditions, process and/or rejection of its bid.

Terms and Conditions - Imported Items

.:

1. The Tenderers should submit the bids through e-procurement portal http://eprocure.isro.gov in and

complete in all respects with technical specifications, including pamphlets and catalogues.

2. The bid should contain the following information:-

a. The FOB value, the C & F Value for import by Sea-Freight/ Air Freight upto and for air parcel post upto

Bangalore should be separately indicated.

b. Agency Commission: The amount of commission included in the price and payable to the Indian

Agents of the Contractor shall be directly to the Indian Agents by the purchaser in equivalent Indian

Rupees on the basis of an invoice from him applying T.T. buying rate of exchange ruling on the date of

placement of the Purchase Order and which shall not be subject to any further exchange variations. This

payment will be released to the Indian Agents within 30 days from the date of acceptance of goods.

c. The earliest delivery period and country of origin of the Stores.

d. Banker's name and address of the contractor.

e. The approximate net and gross weight and dimensions of packages/cases.

f. Recommended spares for satisfactory operation for a minimum period of one year.

g. Details of any technical service, if required for erection, assembly, commissioning and demonstration.

Tender No: SCL/PS/2017E0065901 5

3. The FOB and C & F prices quoted should be inclusive of all taxes, levies, duties arising in the tenderer’s

country.

4. The offer should be valid for a minimum period of 120 days from the due date of opening of the

tender.

5. Samples, if called for should be sent free of all charges.

6. Bids will not be entertained after the due date and time.

7. Offers made by Indian Agents on behalf of their Principals, should be supported by the necessary

authorization letter from their Principals.

8. The details of Import License will be furnished in the Purchase Order.

9. The Authority of person signing the tender, if called for, shall be produced.

10. Instruction/operation manual containing all assembly details including wiring diagrams should be

sent wherever necessary in duplicate. All documents/correspondence should be in English Language

only.

11. The Purchaser reserves the right to accept or reject the lowest or any other offer in whole or in part

without assigning any reason.

12 It is expressly agreed that the acceptance of the stores contracted for is subject to final approval in

writing by the Purchaser.

13 a. Part shipment is not allowed unless specifically agreed to by us.

Tender No: SCL/PS/2017E0065901 6

b. As far as possible, stores should be dispatched by Indian Flagged Vessels/ Air India or through any

Agency nominated by us.

14. Inspection/Test Certificates should be provided for the goods after testing it thoroughly at the

Contractor’s works. If any inspection by Lloyds or any other testing agency is considered necessary, it

shall be arranged by Contractors.

15. Where erection or assembly or commissioning is a part of the contract, it should be done

immediately on notification. The Contractor shall be responsible for any loss / damages sustained due to

delay in fulfilling this responsibility.

16. For items having shelf life / those with maximum shelf should be supplied, if order is placed.

Tender No: SCL/PS/2017E0065901 7

Bid Templates

TCAD_Specification_Silicon

Item Specifications

Sl. No Specifications Compliance (Yes /No) Offered Specifications Remarks

1 Scope: Supply, installation,

acceptance and training of

TCAD software for 2D and

3D process and device

simulation. The package

shall be supplied with

necessary modules to

meet technologies and

devices mentioned in

following sections. The

number of licenses are

mentioned separately

alongwith specifications.

This shall also include

modules to carry out

mixed-mode simulation

and evaluation of

radiation impact.

2 Technology Support: The

package shall comprise

modules to support

process and device

simulation of silicon based

technologies. This includes

a. Conventional and Power

Devices: Planar MOSFET,

Si/SiGe HBTs, Laterally

Diffused MOSFET

Tender No: SCL/PS/2017E0065901 8

(LDMOS), Insulated Gate

Bipolar Transistor (IGBT)

b. Silicon-on-Insulator

(SOI) and Advanced

Devices: Partially Depleted

(PD) MOSFET, Fully

Depleted (FD) MOSFET,

FinFET

c. Optical Detector: Charge

Coupled Device, PIN

Diode, Silicon

Photomultiplier and CMOS

Image Sensor

d. Floating Gate Non

Volatile Memory such as

Flash Memory

3 Material database: The

package shall include

a. Material database

required for process and

device simulation of

technologies mentioned in

Technology Support

section

b. Should be user-editable

Tender No: SCL/PS/2017E0065901 9

c. Provision for addition of

user-defined material

d. Sufficient licenses, if

applicable, so as not to

limit the operation of

other modules

4 Process Simulation: 2D

and 3D process simulation

to support all process and

device options mentioned

in ‘Technology Support’

section of the technical

specification (S.N. 2). The

package shall include:

a. Examples

demonstrating capability

across all technology

platforms.

b. Models and numerical

methods to efficiently and

accurately carry out

simulation of process

steps, including, but not

limited to,

i. Oxidation for oxides as

thin as 1nm, dry, wet, etc.

ii. Implantation with

Monte Carlo and

Tender No: SCL/PS/2017E0065901 10

reference library of SIMS

data

iii. Diffusion/Anneal –

Furnace and Rapid

Thermal Anneal (RTA)

iv. Silicidation – Titanium

and Cobalt

v. Geometric

photolithography, etch,

deposition and Chemical

Mechanical Planarization

(CMP)

vi. Epitaxy

vii. Stress and structural

effects

c. Data export for physical

parameters at user-

defined plane/line.

d. Seamless integration

with other modules, like,

Mask View, Visualization,

DOE, Device, etc.

e. Minimum number of

Tender No: SCL/PS/2017E0065901 11

mesh points supported

shall be one million.

Vendor should provide

maximum number of

mesh points supported.

f. The number of licenses

shall ensure three parallel

executions with all

features mentioned

above, two for 2D and one

for 3D variant. Illustration:

if 2D variant is pre-

requisite for 3D then SCL

requirement translates to

three licenses for 2D and

one for 3D, else, two

licenses of 2D and one

license of 3D shall meet

the requirement.

5 Device Simulation: 2D and

3D device simulation to

support all process and

device options mentioned

in ‘Technology Support’

section of the technical

specification (S.N. 2). The

package shall include:

a. Examples

demonstrating capability

across all technology

platforms.

b. Models and numerical

Tender No: SCL/PS/2017E0065901 12

methods to efficiently and

accurately carry out

simulation of device,

including, but not limited

to,

i. Transport models: drift-

diffusion, hydrodynamic,

energy balance

ii. Quantum effects:

Schrodinger-Poisson,

Density Gradient

iii. Self-heating and heat-

sinks

iv. Mobility models

v. Recombination models

vi. BTBT, FN and Direct

tunnelling

vii. Floating device

terminals with charge

boundary condition

viii. Impact ionization and

Hot Carrier Injection

Tender No: SCL/PS/2017E0065901 13

ix. Contact definition

(Ohmic and Schottky) with

provision to define work-

function

c. Seamless integration

with other modules, like,

Mask View, Visualization,

DOE, Process, etc.

d. Data export for physical

and electrical parameters.

e. Standard and user-

defined functions/routines

to extract physical and

electrical parameter.

f. DC, AC and transient

simulation

g. Minimum number of

mesh points supported

shall be one million.

Vendor should provide

maximum number of

mesh points supported.

h. The number of licenses

shall ensure five parallel

executions with all

features mentioned

Tender No: SCL/PS/2017E0065901 14

above, four for 2D and one

for 3D variant. For

illustration, please refer

S.N.4f.

6 Mixed-Mode and

Radiation Impact

Simulation:

a. 2D and 3D mixed-mode

simulation for circuits

comprising of compact

model devices in

combination with physical

device. The module shall

support the simulation of

circuit that include upto

four physical devices. The

vendor should provide

maximum number of

devices supported.

b. 3D Simulation for

radiation effects, namely,

SEE (SEU, SET & SEL), TID

and Dose Rate

c. Minimum number of

mesh points supported

shall be one million.

Vendor should provide

maximum number of

mesh points supported.

d. The vendor shall include

Tender No: SCL/PS/2017E0065901 15

one dedicated license, i.e.,

in addition to S.N.5, for

above-mentioned (6a to

6c) requirement.

7 Interface: In addition to

batch mode execution, the

program shall have

following features as

minimum:

a. Interactive graphical

user interface to generate

and modify input deck

b. Report runtime output

and control

c. Ability to integrate

modules as per user

requirement

d. Number of licenses shall

enable five parallel

execution of process or

device simulation through

the Interface.

8 Design-of-Experiment:

Emulation of process splits

to achieve target process

or/and device parameters.

User shall have flexibility

Tender No: SCL/PS/2017E0065901 16

of varying parameters –

process, material, model,

etc. The number of

license(s) shall enable

execution of one Design-

of-Experiment.

9 Mask view: The package

shall be able to import,

view and edit layout in

GDSII format for creation

of 2D and 3D device

structure using both

process simulation and

physical information. The

number of license(s) shall

enable demand of single

instance of the module.

10 Device Creation and

Mesh/Remesh:

a. Creation and

modification of 2D and 3D

device structure for device

simulation with interface

to 2D/3D process

simulation tool.

b. Generation or/and

optimization of mesh as

per or combination of

location, device

layer/region, physical and

device attribute, like

interface, doping density,

doping type, etc.

Tender No: SCL/PS/2017E0065901 17

c. Minimum number of

mesh points supported for

2D and 3D shall be 200k

and one million

respectively. Vendor

should provide maximum

number of mesh points

supported.

d. The number of

license(s) shall ensure

three parallel executions,

two for 2D and one for 3D

variant. For illustration,

please refer S.N.4f.

11 Visualization: Versatile

visualization tool to

support

a. Viewing of

i. Device structure in 1D,

2D and 3D.

ii. Electrical characteristics

iii. Regions, layers, mesh,

doping profile, field

distributions, etc.

b. Macro (set of

Tender No: SCL/PS/2017E0065901 18

commands) recording and

saving feature to recreate

same state of plots

c. Importing dataset from

third party and create

plots for overlay with

simulation results

d. Data probing at point,

cutline and cut-planes

e. Mathematical

operations to extract

device parameters

f. Exporting data for

analysis in commercially

available software

g. The number of licenses

shall meet upto ten

parallel requests of the

visualization tool. If the

visualization tool supports

all of 1D, 2D and 3D, then

SCL requirement

translates to ten licenses

of the visualization tool;

else ten licenses for 3D

visualization tool shall be

provided in addition to

standard ten licenses for

2D.

Tender No: SCL/PS/2017E0065901 19

12 Multi-Thread Processing:

To ensure the efficiency,

the TCAD package shall be

provided with necessary

licenses to utilize

minimum of twelve

core/threads.

13 Technical Evaluation:

a. The evaluation shall be

based on the test cases

provided by the vendor for

all the modules/sub-

modules required by (as

mentioned in the RFP) and

in consultation with SCL.

b. Vendor to provide demo

version with all proposed

licenses for minimum of

four weeks for evaluation.

Application support should

be available during this

period.

14 License: Number and

validity of license shall

meet following

a. All licenses shall be

perpetual floating licenses

to be installed on Blade

server (RHEL6)

Tender No: SCL/PS/2017E0065901 20

b. Two years of

maintenance support that

includes delivery of all

updates

c. Except for license for

the Interface (S.N.7) and

Design-of-Experiment

(S.N.8), all other licenses

offered to meet the

requirements outlined in

remaining sections shall be

mutually independent. For

example, process and

device shall run

independently without

blocking any license for

other.

d. Number of licenses shall

be commensurate with

requirements specified in

relevant sections and 14c.

15 Re-hosting: During two

year maintenance period,

the vendor may be

required to re-host the

software. Although this is

deemed to be free-of-cost;

however, if price

implication is envisaged,

the vendor shall

separately quote for

carrying out the activity.

The quoted price shall be

Tender No: SCL/PS/2017E0065901 21

valid for entire

maintenance period. This

price shall not be

considered for

comparison.

16 Training: Vendor to

provide application

training at SCL in two

phases. First phase shall

coincide with installation

and shall be of minimum

two days subsequent to

the installation of the

software at SCL. Second

phase of four days

duration shall be after

three months from

installation. The training

content shall be mutually

agreed and provided in

advance so as to schedule

on mutually convenient

dates.

17 Documentation: Complete

set of manuals

corresponding to all

quoted modules shall be

provided. The manuals

shall be in portable

document format (pdf).

One set of hard copy of

the user manuals may be

provided.

18 Hardware: The

compatibility of the

software, to the Operating

Systems and the Hardware

Configurations existing at

SCL has to be ensured by

Tender No: SCL/PS/2017E0065901 22

the vendor prior to the

submission of the quote.

Hence the vendor is

requested to visit the SCL

facility on the day of pre-

bid meeting.

19 Problem Solving: Problems

should be addressed

within a reasonable time

preferably through email.

If mutually decided, a visit

should be arranged.

20 Two-Part Bidding: Vendor

shall submit only non-

priced commercial offer

with Part-1 (Technical) of

the bid. Priced offer shall

be in Part-2 (Commercial)

only. Vendor to note that

inclusion of priced offer in

Part-1 (technical) shall

lead to rejection of the

bid.

21 Configuration: Vendor to

attach complete

configuration of the

software including number

of licenses for each

module alongwith

technical offer.

Vendor Specificied Terms

Description Vendor Terms

1. Place of Delivery and Taxes & Duties:

1.1 For imported stores, prices shall be quoted on FCA nearest

Tender No: SCL/PS/2017E0065901 23

International airport basis.

1.2 For indigenous stores, prices shall be quoted on F.O.R destination

basis i.e. SCL, S.A.S. Nagar, Mohali, Punjab exclusive of excise duty and

taxes as may be applicable.

The rates at which the said Government levies, taxes and duties are

applicable, shall be indicated separately.

The prices of the indigenous items shall also be exclusive of transit

insurance which shall be arranged by the Purchaser and shall be to

Purchaser account.

1.3 For indigenous stores, no concessional Central Sales Tax form will

be issued. Please indicate the rate of Central Sales Tax (without Form

C) / VAT / Service Tax as applicable.

1.4 Notes:

a) Purchaser is entitled to Excise Duty exemption as per CE Notification

no. 10/97 Central Excise dated March 01, 1997 amended vide

Notification No. 16/2007 Central Excise dated March 01, 2007 and

would accordingly issue Excise Duty Exemption Certificate in favour of

the contractor quoting in Indian Rupees. The bidder should take the

same into account while quoting the prices in Indian Rupees.

b) For imported materials, the Purchaser is entitled to issue Customs

duty exemption certificate (CDEC) to the contractor under customs

notification no.51/96 dated 23.07.1996 and subsequent amendments

to enable the contractor to avail off the benefit of concessional rate of

customs duty under this notification. CVD under this notification is nil.

In addition to the above CDEC, any documentary support requested by

the contractor from the purchaser for customs clearance of goods

against the above CDEC shall be provided by the purchaser.

2. SECURITY DEPOSIT:

2.1 On acceptance of the tender, the Contractor shall submit security

deposit for ten percent (10 percent) of the value of the Contract within

15 days from the date of purchase order.

If the Contractor fails to provide the security within the period

specified, such failure shall constitute a breach of the Contract, and the

Tender No: SCL/PS/2017E0065901 24

Purchaser shall be entitled to make other arrangements for the re-

purchase of the stores contracted at the cost and risk of the

Contractor.

2.2 Security Deposit shall be submitted through Demand Draft /

Bankers Cheque/ fixed deposit receipt or Bank Guarantee from any of

the Scheduled Banks executed on non-judicial stamp paper of

appropriate value, and shall be valid for a period of sixty (60) days

beyond the date for completion of the Purchase Order/Contract.

2.3 In case the contractor fails to furnish the security deposit within

the specified date or extended due date, the Purchase Order/Contract

shall be cancelled, and the EMD, if any, made earlier shall be forfeited,

and, in addition, appropriate penal action may also be considered.

2.4 After the Purchase Order/Contract is successfully executed in all

respects, the Bank Guarantee towards Security Deposit may be

discharged and retained amount and / or EMD refunded to vendors.

2.5 In the event of non-execution of the Purchase order/Contract or

breach of any terms and conditions of the Purchase Order, the Security

Deposit shall be forfeited.

3. Delivery Period:

Vendor shall indicate their minimum delivery period.

4. UPDATES AND MAINTENANCE:

4.1 The vendor must provide free technical support including software

updates, maintenance releases and bug fixing for a period of one year

from the date of acceptance at SCL.

4.2 As an option the vendor must also quote separately for Annual

Support Contract (ASC) including technical support, maintenance

releases and bug fixing for the period of one, two and three years

starting from the end of one year from the date of acceptance at SCL.

This shall be uploaded as a separate pdf file under tab Supporting

documents from vendors (Commercial).

However please note ASC price shall not be considered for commercial

Tender No: SCL/PS/2017E0065901 25

evaluation of bids.

4.3 PERFORMANCE BANK GUARANTEE: To fulfil conditions of one year

maintenance period, the Contractor shall furnish a Bank Guarantee (as

per format given by purchaser) from any scheduled bank/ bank

approved by the Purchaser for an amount equivalent to 10 percent of

the value of the Contract and shall be valid for a period of 60 days

beyond the expiry date of maintenance period. On the performance

and completion of the Contract in all respects, the Bank Guarantee will

be returned to the Contractor without any interest.

5. TERMS OF PAYMENT IN CASE OF OVERSEAS SUPPLIER[S]:

5.1 Being a Department of the Government of India, the normal terms

of payment are by Sight Draft.

5.2 While the purchasers bank charges shall be borne by the

purchaser, the contractor shall bear the bank charges payable to his

banker.

6. The Sight Draft will be operative on presentation of the under

mentioned documents:

a) Original Bill of Lading / Airway Bill

b) Commercially certified invoices describing the stores delivered,

quantity, unit rate and their total value, in triplicate. The invoice

should indicate the discounts, if any, and Agency Commission

separately.

c) Packing List showing individual dimensions and weight of packages.

d) Country of Origin Certificate in duplicate, wherever applicable.

e) Test Certificate, wherever applicable.

f) Declaration by the Seller that the contents in each case are not less

than those entered in the invoices and the quality of the Stores are

guaranteed as per the specifications asked for by the Purchaser.

g) Warrantee and guarantee Certificate/s as applicable.

Tender No: SCL/PS/2017E0065901 26

7. TERMS OF PAYMENT IN CASE OF INDIGENOUS SUPPLIER[S]:

7.1 Payment will be made for the accepted stores within 30 days from

the date of receipt of the materials at SCL.

7.2 While the purchaser bank charges shall be borne by the purchaser,

the contractor shall bear the bank charges payable to his banker.

8. ADDRESS OF INDIAN AGENT:, if any

9. VALIDITY:

The tender must be valid for a minimum period of 90 days from the

due date of opening of tender.

10. MODE OF DESPATCH:

In case of foreign order, generally stores should be despatched

through Indian Flagged Vessel / Air India or through any other Agency

nominated by the purchaser whose contact details shall be indicated in

the purchase order.

A copy of the invoice and packing list should invariably be kept inside

each of the packages.

11. INSURANCE OF THE STORES:

Insurance wherever necessary, will be arranged by the Purchaser. The

necessity or otherwise of insurance will be as indicated in the Purchase

Order/Contract.

12. TECHNICAL DOCUMENTATION:

The vendor shall provide Soft and Hard copy of all manuals related to

Tender No: SCL/PS/2017E0065901 27

the software. List of all manuals shall be provided along with the

quote.

All documentation shall be in English language only.

13. CONTRACTORS DEFAULT LIABILITY:

The purchaser may upon written notice of default to the Contractor

terminate the Contract in whole or in part in circumstances detailed

hereunder:

a) If in the judgement of the Purchaser the Contractor fails to make

delivery of Stores within the time specified in the Contract/ agreement

or within the period for which extension has been granted by the

Purchaser to the Contractor.

b) If in the judgment of the Purchaser the Contractor fails to comply

with any of the other provisions of this Contract.

14. In the event the Purchaser terminates the Contract in whole or in

part as provided in Clause 13 the Purchaser reserves the right to

Purchase, upon such terms and in such a manner as he may deem

appropriate, stores similar to that terminated and the Contractor shall

be liable to the Purchaser for any additional costs for such similar

stores and/or for liquidated damages for delay as defined in Clause 18

until such reasonable time as may be required for the final supply of

stores.

14.1 If this Contract is terminated as provided in Clause 13 the

Purchaser in addition to any other rights provided in this Article, may

require the Contractor to transfer title and deliver to the Purchaser

under any of the following clauses in the manner and as directed by

the Purchaser:

a) Any completed stores.

b) Such partially completed stores, drawing, information and Contract

rights (hereinafter called manufacturing material) as the Contractor

has specifically produced or acquired for the performance of the

Contract as terminated. The Purchaser shall pay to the Contractor the

Contract price for completed stores delivered to and accepted, by the

Tender No: SCL/PS/2017E0065901 28

purchaser and for manufacturing material delivered and accepted.

14.2 In the event the Purchaser does not terminate the Contract as

provided in Clause 13, the Contractor shall continue the performance

of the Contract in which case he shall be liable to the purchaser for

liquidated damages for delay as set out in Clause 18 until the stores

are accepted.

15. REPLACEMENT:

If the stores or any portion thereof is damaged or lost during transit,

the Purchaser shall give notice to the Contractor setting forth

particulars of such stores damaged or lost during transit. The

replacement of such stores shall be effected by the Contractor within a

reasonable time to avoid unnecessary delay in the intended usage of

the Stores. In case the purchaser agrees, the price towards

replacement items shall be paid by the purchaser on the basis of

original price quoted in the tender or as reasonably worked out from

the tender.

16. REJECTION :

In the event that any of the stores supplied by the Contractor is found

defective in material or workmanship or otherwise not in conformity

with the requirements of the Contract specifications, the purchaser

shall either reject the stores or request the Contractor, in writing, to

rectify the same. The Contractor, on receipt of such notification, shall

either rectify or replace the defective stores free of cost to the

purchaser. If the Contractor fails to do so, the purchaser may at his

option either

a) replace or rectify such defective stores and recover the extra cost so

involved from the Contractor, or

b) terminate the Contract for default as provided under clause 14

above, or

c) acquire the defective stores at a reduced price considered equitable

under the circumstances. The provision of this article shall not

prejudice the Purchaser's rights under clause 18.

Tender No: SCL/PS/2017E0065901 29

17. EXTENSION OF TIME:

If the completion of supply of stores is delayed due to reason of force

majeure such as acts of god, acts of public enemy, acts of Government,

fires, floods, epidemics, quarantine restriction, strikes, freight

embargoes, etc., the Contractor shall give notice within 15 days to the

purchaser in writing of his claim for an extension of time. The

purchaser on receipt of such notice after verification, if necessary, may

agree to extend the Contract delivery date as may be reasonable but

without prejudice to other terms and conditions of the Contract.

18. DELAY IN COMPLETION/LIQUIDATED DAMAGES:

If the Contractor fails to deliver the stores within the time specified in

the Contract or any extension thereof, the purchaser shall recover

from the Contractor as liquidated damages a sum of one-half of one

percent (0.5 percent) of the Contract price of the undelivered stores

for each calendar week of delay. The total liquidated damages shall not

exceed ten percent (10 percent) of the Contract price of the unit or

units so delayed. Stores will be deemed to have been delivered only

when all their component parts are also delivered. If certain

components are not delivered in time, the stores will be considered as

delayed until such time as the missing parts are delivered. Delivery of

stores shall be complete on Installation, commissioning, Testing and

Acceptance as applicable.

19. PACKING:

The Contractor shall pack and crate all stores for air/road shipment as

applicable in a manner suitable for export to a tropical humid climate,

in accordance with internationally accepted export practices and in

such a manner so as to protect it from damage and deterioration in

transit by road, rail, air or sea. The Contractors shall be responsible for

all damages due to improper packing.

20. ARBITRATION:

Tender No: SCL/PS/2017E0065901 30

If at any time any question, dispute or difference whatsoever shall

arise between the purchaser and the Contractor upon or in connection

with this Contract, either party may forthwith give to the other notice

in writing of the existence of such question, dispute or difference and

the same shall be referred to the adjudication of two arbitrators, one

to be nominated by purchaser, other by a Contractor and in the event

of any difference of opinion, the arbitrators will refer the matter to the

umpire. The arbitration shall be conducted in accordance with the

rules and procedure for arbitration of the International Chamber of

Commerce at Paris. The expenses of the arbitrators and umpire shall

be paid as may be determined by them. However, the venue of such

arbitration should be in India.

In case of dispute arises with domestic/Indian suppliers, the applicable

Arbitration procedure shall be as per Indian Arbitration & Conciliation

Act, 1996.

21. INDEMNITY:

The Contractor shall warrant and be deemed to have warranted that

all Stores supplied against this Contract are free and clean of

infringement of any patent, copyright or trade mark and shall at all

times indemnify the purchaser against all claims which may be made in

respect of stores for infringement of any right protected by Patent,

Registration of design or Trade Mark and shall take all risk of accident

or damage which may cause a failure of the supply from whatever

cause arising and the entire responsibility for the sufficiency of all the

means used by him for the fulfilment of the Contract.

22. COUNTER TERMS AND CONDITIONS OF SUPPLIERS:

Where counter terms and conditions/printed or cyclostyled conditions

have been offered by the supplier, the same shall not be deemed to

have been accepted by the purchaser unless specific written

acceptance thereof is obtained.

23. APPLICABLE LAW:

The Contract shall be interpreted, construed and governed by the laws

Tender No: SCL/PS/2017E0065901 31

of India.

24. The vendor shall supply latest version of the ordered Software.

25. Any Other Term:

Supporting Documents from Vendor

Attachment - I:

Attachment - II:

Price Bid Form

Item Description Slab Range Qty UOM Currency Unit Price Total Price

TCAD Software for

Silicon-based

Process and

Device Simulation

SCL Material

Code: 250513068

- 1 No. - - -

Break-up of other taxes and other costs should be specified in respective narration columns.

Sum of these Break-up values should be specified in respective value columns.

Supporting Documents from Vendor (Commercial)

Document attachment with price bid

Tender No: SCL/PS/2017E0065901 32

Attachment - I:

Attachment - II: