th No. NRDC/ET-78/DC/2006/MA3 24 August, 2006 Sub.: Sealed Quotation for the supply of ---------------------- Dear Sir, We are interested in the purchase of ( List attached ) for the Corporation. Kindly send us your lowest quotation in a sealed cover containing Technical Specification and price bid. The specifications are enclosed herewith at Annexure-I. Our general terms and conditions are also enclosed herewith at Annexure-II. Kindly send your sealed quotation to Chairman & Managing Director, National Research Development Corporation, 20-22, Zamroodpur Community Centre, Kailash Colony Extension, New Delhi : 110048 so as to reach in NRDC’s office by 5.30 p.m. on September 14, 2006 positively. Your quotation should be superscribed on the Left Hand top corner of envelope “Quotation for the supply of ---------------------------” Bids received after closing date shall not be considered and bid package shall remain the property of the Corporation. The same shall be opened at 11.00 a.m. on September 18, 2006 in the NRDC Board Room. The Corporation reserves the right to reject any or all the quotations without assigning any reasons whatsoever. The Corporation also reserves the right to make any alteration in the specification system configuration etc. The item(s) being procured are for supply to the Demonstration Centre Project at Ivory Coast, being set up with assistance from the Ministry of External Affairs, GOI. The successful party is likely to get repeated orders for supplies to the Demonstration Centre. Thanking you, Yours faithfully, (Mukund Mehta) Law Officer & I/C Purchase Encl. : As above TERMS & CONDITIONS 1.0 SCOPE OF WORK The work consists of supply of equipment as mentioned in Annexure-I. to National Research Development Corporation, 20-22, Zamroodpur Community Centre, Kailash Colony Extension, New Delhi. The machine will be fabricated out of AA grade material, in ready to use form along with allied components, fitting and fixtures. It should have excellent finishing with material of construction as specified in the specification sheet Annexure-I The vendor shall be responsible for supply of the machine at the warehouse at Delhi/Mumbai and ensure that all the standard engineering practices are followed in fabricating the machines. 2.0 PRICES The vendor should quote the price FOB Mumbai/Delhi (wherever applicable) that should include the following: i. Cost of the machine and spare parts (mention separately) ii. Additional cost e.g. forwarding, freight, insurance, seaworthy packing and taxes, if any, should be mentioned separately in quantified terms. iii. Material should be supplied in seaworthy packing iv. In case the item is under DGS&D rate contract, it should be clearly mentioned Please also mention the raw materials required for running the machine per unit time and their specification. 3.0 SCHEDULE OF PAYMENTS & GUARANTEE 3.1 30% advance payment of the order value against Bank Guarantee 3.2 60% after delivery and after the certificate of the Authorised official of NRDC that the material has been received in good condition, full quantity as per specifications and as per terms given in the purchase order. 3.3 10% on submission of Performance Bank Guarantee as per format to be provided by NRDC. The performance bank guarantee shall be made in favour of NRDC for the satisfactory performance of the machine and shall be valid for six months from the date of delivery at the warehouse 3.4 The bank guarantee would be released after satisfactory performance of machines for a period of six months after the date of delivery at warehouse 3.5 The satisfactory performance shall be certified by the In charge of the Demonstration Centre at the Ivory Coast 4 DELIVERY AND TIME SCHEDULE 4.1 The material may be handed over the NRDC authorised C&F Agent with endorsement from the Agent on the original challan for having received the material in good condition. This original challan along with three additional copies may be sent to NRDC in support of firm delivery. 4.2 The whole order as defined within the scope of work is to be executed within stipulated period to be intimated to the vendors at the time of issue of firm supply order. 4.3 The delivery time will have to be strictly adhered to, in case an order is placed against vendor’s quotation. 5 INSPECTION, TRAINING & DEMONSTRATION 5.1 The vendor shall have to provide training and demonstration free of cost to NRDC officials or its representatives at vendors premises whenever necessary. 5.2 The machine will be inspected by NRDC representatives during and after the fabrication (if required). 6.0 OTHER TERMS 6.1 The quotation shall be valid for at least ninety days from the date of opening of the quotations. 6.2 Each quotation sent by post is to be kept in double cover. The inner cover should be sealed with wax and super scribed “Quotation for Ivory Coast Project/ NRDC reference No.-------- ”. The outer cover should bear only the address of the NRDC office without any indication that there is a quotation within. 6.3 The right of acceptance of the quotation will rest with the Chairman and Managing Director of NRDC, New Delhi who does not bind himself to accept the lowest quotation and reserves the right to reject or partially accept any or all the quotations received without assigning any reasons. 6.4 No quotation having cutting, rewriting, addition, erasing or alteration will be considered 6.5 The vendor shall indicate in the quotation the name of its bankers and permanent sales tax account number 6.6 Vendor’s conditions, if any, sent along with the quotation shall not be binding on NRDC. 7.0 DOCUMENTATION 7.1 The vendor shall provide Detailed specifications along with literature, catalogue and operating manuals preferably with CD and Video clips. 7.2 All the documents should be original and up-to-date 8.0 LIQUIDATED DAMAGES 8.1. In case the vendor fails to complete the work as per time schedule or repudiates the contract at any time, NRDC without prejudice to any other right or remedy available may recover from the vendor a sum as ascertained or agreed liquidated damages and not by way of penalty, to be calculated at the rate of 0.5% per week of delay on the total value of work subject to a maximum 10% of the order value. 8.2. As the cost of the work or part thereof (in default) by the vendor to be carried out by any other party without notice to the vendor thus makes the carrying out of such work on the account and at the risk of the vendor. A decision of NRDC to get the work or part thereof (in default) done by some other party shall be final and binding on the vendor. 9. FORCE MAJEURE 9.1. In the event of either party being rendered unable by force majeure to perform any obligations required to be performed by them under these terms and conditions, the relative obligation of the party affected by such force majeure shall be suspended for the period during which such event lasts. 9.2. The term force majeure as above shall mean acts of God, War, riot, fire, flood, sabotage and acts and regulations of Government of India. 9.3. Upon occurrence of such event and upon its termination, the party alleging that it has been rendered unable as aforesaid hereby, shall notify the other party in writing immediately, the alleged beginning and ending of such occurrence giving full particulars and satisfactory evidence in support of its claims. 9.4. Time for performance of relative obligations suspended by the force majeure shall stand extended by the period for which such event lasts. 9.5. However, if the force majeure conditions prevailing for more than three months then the order shall stand terminated. After termination, the vendor shall have no claims against NRDC. 10.0 INDEMNITY The vendor shall always keep NRDC indemnified of any action/damages or other legal proceedings and liabilities that may arise on NRDC with respect to the equipments/goods supplied by the vendor to NRDC. Such liability of the vendor shall always survive irrespective of the duration of work order. 11.0 ARBITRATION 11.1. If any dispute or difference arises between the parties hereto as to the construction, interpretation, effect and implication of any provision of the work order, including the rights or liabilities or any claim or demand or any party against other or in regard to any other matter under these presents but excluding any matters, decisions or determination or which is expressly provided for in the work order, such disputes or differences shall be referred to the sole Arbitration of the Secretary of the Administrative Ministry of the NRDC or that of its nominee. A reference to the arbitration under this Clause 11.1 shall be deemed to be submission within the meaning of the Arbitration and Conciliation Act 1996 and the rules framed there-under for the time being in force. 11.2. The venue of the Arbitration shall be at Delhi 11.3. The parties hereby agreed to consent to the extension of time for making the Award by the Sole Arbitrator if the sole Arbitrator so requests 11.4. Each party shall bear and pay its own cost of the arbitration proceedings unless the arbitrator otherwise decides in the Award. 11.5. The provisions for the clause 11.1 shall not be frustrated abrogated or become inoperative notwithstanding the work order expires or ceases to exist or is terminated or revoked or declared unlawful. 11.6. The High Court of Delhi at New Delhi and Courts subordinate to it, shall have exclusive jurisdiction in all matters concerning the work order, including any matters arising out of the Arbitration proceedings or any Award made therein.