Annexure B - National Metallurgical Laboratory

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15. P.B.G. (Performance Bank Guarantee): The Successful bidder has to submit a Performance Bank Guarantee (PBG) issued by any scheduled Bank as per the format enclosed for 10 % of Order Value in favour of the Director, National Metallurgical Laboratory, Jamshedpur. The PBG should be valid for a period of two months beyond the validity of AMC Order, i.e. for 14 months. The PBG should be submitted within one month from the date of issue of order. The EMD submitted by the successful bidder will be returned soon after receipt of the PBG. 16. The Director, CSIR-National Metallurgical Laboratory, Jamshedpur reserves the right to reject any offer or all the offers received without assigning any reason thereof. 17.Applicable Law : The contract shall be interpreted in accordance with Laws applicable in India and subject to jurisdiction of the court in Jamshedpur, Jharkhand, India only. 18.Arbitration : All disputes will be referred to Director General, Council of Scientific & Industrial Research, New Delhi for arbitration. The decision of Director General will be final and binding on both supplier and CSIR-NML, Jamshedpur. 19.Quotation to be submitted in the format given as per ANNEXURE – C. Failure to quote for any one item would lead to a technically unresponsive quote and their offer would be rejected. 20.CST/VAT – The rate of Sales Tax/VAT should be clearly indicated wherever chargeable. This office is not eligible to issue C or D forms. 21.NML is exempted from Central Excise Duty vide G.O.I. notification No. 10/97 dated 01/03/1997 & the Excise Duty Exemption Certificate may be issued against the ANC Order if required. 22.Road Permit : Declaration for Transit by Road will be provided on the written request from the vendor if required. 23.Gate Pass will be issued by the user Division/Section/Unit in whose PIR of the material exists duly endorsed by the ICTU Division of CSIR-NML, Jamshedpur if required against the maintenance contract in order to take out the items for repairing/replacement work and a copy of the same will be sent to the Stores Section (S&P Division). 24.Lightening, Mouse-Cut, Over voltage (Voltage above 250 volts certified by Electrical Department of NML) would not come under the purview of comprehensive AMC and the cost would be borne by CSIR-NML. 25.Basis of Selection : (i) Selection of the offer will be done on the basis of lowest quoted consolidated rates/offer as per Annexure - C after taking all items into consideration. (ii) Firms are supposed to quote for all items as per Annexure – C so that their offers can be evaluated. Failure to quote for any one item would lead to a technically unresponsive quote and their offer would be rejected. (iii) In exceptional situations the Institute may not like to go for AMC for a particular Page 4 of 5
item. In such situations the Decision Making Committee may decide to delete one or more items from Annexure-C and then decide the lowest technically suitable quote as per NML’s requirement. 26. It should be ensured by the vendor that the prices charged from CSIR-NML should not exceed prevailing market rates charged by the selected firm from other organizations for similar services offered. 27. Pre-mature termination of contract on unsatisfactory performance:- CSIR-NML would terminate the contract based on unsatisfactory performance of the vendor. “Unsatisfactory Performance” would mean (i) Vendor unable to provide permanent solution to a problem within 15 working days of the lodging of complaint if such instances occur more than three times in a quarter or six times in a year then termination would be effected based on the recommendation of Head, ICTU and the approval of Purchase Committee and the Advisor Management. Termination/debarring the firm from business would be effected in such cases where serviceable and performing assets of CSIR- NML have been taken by the vendor/cannibalized and returned in unserviceable form “Not Fit for Use” or subsequently not returned even after three persistent reminders then CSIR-NML would initiate termination/debarring the firm from business for the period as decided by the Director, CSIR-NML. 28. The contract can be extended beyond one year for a maximum period of six months or a minimum period of three months if the Decision Making Committee decides to call the existing lowest quoting firm for a negotiation to maintain the rates as it is as per AMC or to further lower the rates based on a market survey by the committee or on the basis of similar AMC order copies of Govt. Organizations/Corporate offices like Tata Steel/Tata Motors/Tinplate/Timken and then finalize on extension of the existing contract. 29. Negotiations if at all shall be an exception but will be conducted wherever required with the lowest evaluated responsive bidder and the Decision Making Committee would record cogent reasons for conducting a price negotiation meeting. 30. Force Majeure:- In case of an event or situation beyond the control of the supplier that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack of care on the part of the supplier. Such events like wars, revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes, thunderstorms, lightening may be considered as not foreseeable and unavoidable by the supplier and thus the vendor can approach the force majeure committee of the Institute for redress. 31. Annual Maintenance Contract Performance Review Committee:- It is also proposed that the contract would be reviewed for its performance every six months. Since there is a provision for extension of the contract for a further period of six months after the completion of tenure of one year thus in such circumstance any extension beyond the original tenure would be provided on the basis of the recommendations of the committee as constituted by the institute. The same committee would also look into cases of Force Majeure as mentioned above at Clause 30. (N. K. Singh) Stores & Purchase Officer Page 5 of 5
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Annexure B - National Metallurgical Laboratory

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