Tender Document LE202300003201
Tender Document LE202300003201
Tender Document LE202300003201
Tender No : LEOS/LEOS/LE202300003201
21.Model Certificate for Tenders I have read the clause regarding restrictions on procurement from a
bidder of a country which shares a land border with India I certify that this bidder is not from such a
country or, if from such a country, has been registered with the Competent Authority. I hereby certify
that this bidder fulfills all requirements in this regard and is eligible to be considered.
22. Model Certificates for Tenders for Work involving possibility of sub contacting
I have read the clause regarding restrictions on procurement from a bidder of a country which shares a
land border with India and on sub contracting to contracting from such countries I certify that this bidder
is not from such a country or, if from such a country, has been registered with the Competent Authority
and will not sub contract any work to a contract form such countries unless such contractor is
registered with the Competent Authority. I hereby certify that this bidder fulfills all requirements in this
regard and is eligible to be considered.
23. Evaluation Method : Total Value wise Evaluation
Provide Compliance for the above in Vendor Specified Commercial Terms.
Technical Write-up/Drawings
Document : RFP
Instructions To Vendors
1. Acceptance of Stores:
(a) The stores shall be tendered by the contractor for inspection at such places as may be specified by
the Purchaser at the Contractors own risk, expenses and cost.
(b) It is expressly agreed that the acceptance of the Stores contracted for is subject to final approval by
the Purchaser, whose decision shall be final.
(c) If, in the opinion of the Purchaser all or any of the stores that do not meet the performance or
quality requirements specified in the Purchase Order, they may be either rejected or accepted at a
price to be fixed by the Purchaser and his decision as to rejection and prices to be fixed shall be final
and binding on the Contractor.
(d) If the whole or any part of the stores supplied are rejected in accordance with Clause No. 8 above,
the Purchaser shall be at liberty, with or without notice to the Contractor, to Purchase in the open
market at the expense of the Contractor, store meeting the necessary performance and quality
contracted for in place of those rejected provided that either the purchase, or the agreement to
purchase, form another supplier is made within six months from the date of rejection of the stores as
aforesaid.
2. Arbitration:
Any question, dispute or difference of opinion what soever that may arise between the purchaser and
the Contractor in connection with this Contract shall to the extend possible be settles amicably
between the Signatories of this Contract.
In case of any dispute or disagreement or question arising out of or relating to or in consequence of the
Contract or to its construction or fulfillment or the validity of enforcement thereof which cannot be
settled mutually or the settlement of which is not herein specifically provided for, the aggrieved Party
shall within thirty days (or such longer period as may be mutually agreed to) inform the other party in
writing that such disputes or disagreements be referred to a Board of Arbitration to be constituted
within the said notice period of 30 (thirty) days consisting of a Nominee of the Purchaser, a Nominee of
the Contractor and a Nominee of the Chief Justice of India who will be the Chairman of the Board.
The arbitration shall be conducted shall be conducted in accordance with the rules and procedures for
arbitration as laid down in the Arbitration and Conciliation Act, 1996 as amended from time to time and
the decision of the Arbitration shall be final and binding on both Parties. Each Party shall bear its own
cost of preparing and presenting its case. The cost of Arbitration including fees and other expenses of
Tender No : LEOS/LEOS/LE202300003201 Page 6 of 52
the Arbitration shall be equally shared by the Parties unless the award provided otherwise.
Performance under this Contract shall however continue during arbitration proceedings and no
payment due or payable by the Parties hereto shall be withheld unless any such payment is or forms
part of the subject matter of arbitration proceedings. The place of arbitration shall be Bangalore.
4. As per Rule 144(xi) of General Financial Rules, 2017, any bidder from a country which shares a land
border with India will be eligible to bid in any procurement whether of goods, services (including
consultancy services and non-consultancy services) or works (including turnkey projects) only if the
bidder is registered with the Competent Authority (i.e., Department for Promotion of Industry and
Internal Trade) in line with Order (Public Procurement No. 1, 2 and 3) dated 23/07/2020 and
24/07/2020 or any amendments thereon issued by the Public Procurement Division, Department of
Expenditure, Ministry of Finance. Hence, Vendors or Agents of a Vendor (Indian or Others) from a
country sharing border with India shall submit the copy of Valid Registration made with DPIIT along
with the tender mandatorily, without which the offer will be treated as invalid.
5. (a) Your quotation should be valid for 180 days from the date of opening of the tender.
(b) Prices are required to be quoted according to the units indicated in the annexed tender form. When
quotations are given in terms of units other than those specified in the tender form, relationship
between the two sets of units must be furnished.
6. Corrections, if any, must be attested. 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.
8. Definitions
(a) The term Purchaser shall mean the President of India or his successors of assigns.
(b) The term Contracto shall mean, the person, firm or company with whom or with which the Order
9. Delivery:
(a) The time for and the date of delivery of the stores stipulated in the Purchase Order shall be
deemed to be the essence of the contract, and delivery must be completed on or before the specified
dates.
(b)Should the Contractor fail to deliver the stores or any consignment there of within the period
prescribed for such delivery, the purchaser shall be entitled at his option either;
(i) to recover from the Contractor as agreed liquidated damages and not by way of penalty, a sum of
0.5% of the Price of any stores which the Contractor has failed to deliver as aforesaid, for each week
or part of a week, during which the delivery of such stores may be in arrears, or
(ii) to purchase elsewhere, without notice to the Contractor on the account and at the risk of the
Contractor, the stores not delivered or others of a similar description (where others exactly complying
with the particulars are not, in the opinion of the purchaser readily procurable, such opinion being final)
without cancelling the contract in respect of the consignment(s) not yet due for delivery, or
(iii) to cancel the contract or a portion thereof and, if so desired, to purchase or authorize the purchase
of stores not so delivered or others of similar description (where others exactly complying with the
particulars are not, in the opinion of the Purchaser readily procurable, such opinion final) at the risk and
cost of the Contractor.
In the event of action being taken under sub-clause (ii) & (iii) of Clause 10 above, the Contractor shall
be liable for any loss which the Purchaser may sustain on that account, provided that the re-purchase,
or, if there is an agreement to repurchase then such agreement, is made within six months from the
date of such failure. But the contractor shall not be entitled to any gain on such repurchase made
against default. The manner and method of such repurchase shall be at the discretion of the
Purchaser, whose decision shall be final. It shall not be necessary for the Purchaser to serve a notice
of such repurchase on the defaulting Contractor. This right shall be without prejudice to the right of the
Purchaser to recover damages for breach of contract by the Contractor.
10. Despatches :
The Contractor is responsible for obtaining a clear receipt from the Transport Authorities specifying the
goods dispatched. The consignment should be dispatched with clear Railway Receipt/Lorry Receipt. If
sent in any other mode it is at the risk of the Contractor. Purchaser will take no responsibility for short
deliveries or wrong supply of goods when the same are booked on said to contain basis. Purchaser
shall pay for only such stores as are actually received by them in accordance with the contract.
14. GST and/or other duties/levies where legally leviable and intended to be claimed should be
distinctly shown separately in the tender. As a Government of India Department, this office is exempted
from the payment of Octrol and similar local levies Tenderers shall ensure that necessary exemption
certificates are obtained by them from the Purchase & Stores Officer concerned to avoid any payment
of such levies.
16. Indemnity :
18. Model Certificates for Tenders for Work involving possibility of sub-contacting
I have read the clause regarding restrictions on procurement from a bidder of a country which shares a
land border with India and on sub-contracting to contracting from such countries I certify that this
bidder is not from such a country or, if from such a country, has been registered with the Competent
Authority and will not sub-contract any work to a contract form such countries unless such contractor is
registered with the Competent Authority. I hereby certify that this bidder fulfills all requirements in this
regard and is eligible to be considered.
19. Mode of Payment Normally Payment will be made for the accepted stores within 30 days from the
date of receipt of the materials.
21. Payment: Contractors bill will be passed for payment only after the stores have been received,
inspected and accepted by the Purchaser.
22. Preference will be given to those tenders offering supplies from ready stocks and on the basis of
FOR destination / delivery at site.
(a) All available technical literature, catalogues and other data in support of the specifications and
details of the items should be furnished along with the offer.
(b) Samples, if called for, should be submitted free of all charges by the tenderer and the Purchaser
23. Prices:
Tenders offering firm prices will be preferred. Where a price variation clause is insisted upon by a
tenderer, quotations with a reasonable ceiling should be submitted. Such offers should invariably be
supported by the base price taken into account at the time of tendering and also the formula for any
such variations.
24. Product Scope:Class I local supplie/ Class- II local supplier shall offer only standard and
catalogued product for Equipment / Spares Cards / assemblies. If the above offered Equipment / Cards
/ Assemblies are under development / to be developed the bid will not be considered.
29. Tenders should be submitted through e-portal before the due date of bid submission.
30. Test Certificate: Wherever required, Test certificates should be sent along with the despatch
documents.
31. The authority of the Person signing the tender, if called for, should be produced.
32. The Purchaser reserves the right to place order on the successful tenderers for additional quantity
upto 25% of the quantity offered by them at the rates quoted.
33. 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 the quantity offered and the
tenderers shall supply the same at the rates quoted.
34. The tenderer should supply along with his tender the name of his bankers as well as the latest
income-tax clearance certificate duly countersigned by the Income Tax Officer of the Circle concerned
under the Seal of his office, if required by the Purchaser.
35. If the bidder is a Micro or Small Enterprise as per latest definitions under MSME rules, the bidder
shall be exempted from the requirement of "Bidder Turnover" criteria and "Experience Criteria" subject
to meeting of quality and technical specifications. If the bidder is OEM of the offered products, it would
be exempted from the "OEM Average Turnover" criteria also subject to meeting of quality and technical
specifications. In case any bidder is seeking exemption from Turnover / Experience Criteria, the
supporting documents to prove his eligibility for exemption must be uploaded for evaluation by the
Tender No : LEOS/LEOS/LE202300003201 Page 13 52
of
buyer.
36. If the bidder is a Startup, the bidder shall be exempted from the requirement of "Bidder Turnover"
criteria and "Experience Criteria" subject to their meeting of quality and technical specifications. If the
bidder is OEM of the offered products, it would be exempted from the "OEM Average Turnover" criteria
also subject to meeting of quality and technical specifications. In case any bidder is seeking exemption
from Turnover / Experience Criteria, the supporting documents to prove his eligibility for exemption
must be uploaded for evaluation by the buyer.
Government of India has implemented Goods and Services Tax [GST] w.e.f. 01.07.2017. The
Tenderer[s] should mandatorily possess a valid GSTIN along with the GST Registration Certificate.
Please send duly self-attested certificate of GST Registration along with offer[s], in the absence of
which your offer[s] will be invalid and shall not be considered.
(b) IGST :
Government of India, Ministry of Finance (Department of Revenue) vide its Notification No. 7/2018-
Integrated Tax (Rate), dated the 25th January, 2018, read with Notification No.25/2018-Integrated Tax
(Rate) dated the 31st December, 2018, have inserted the serial number 243B under Chapter 88 or Any
other chapter wherein it is specified that the IGST @ the rate of 5% shall be applicable for Scientific
and technical instruments, apparatus, equipment, accessories, parts, components, spares, tools,
mock ups and modules, raw material and consumables required for launch vehicles and satellites and
payloads.
2. Acceptance of Stores:
(a)The Stores shall be tendered by the Contractor for Inspection at such places as may be specified by
the Purchaser at the Contractors own risk, expenses and cost.
(b) It is expressly agreed that the acceptance of the Stores contracted for is subject to final approval by
the Purchaser, whose decision shall be final.
(c) If, in the opinion of the Purchaser, all or any of the Stores that do not meet the performance or
quality requirements specified in the Purchaser Order, they may be either rejected or accepted at a
price to be fixed by the purchaser and his decision as to rejection and the prices to be fixed shall be
final and binding on the Contractor.
(d) If the whole or any part of the Stores supplied are rejected in accordance with Clause No.17 above,
the Purchaser shall be at liberty, with or without notice to the Contractor, to Purchase in the open
market at the expense of the Contractor, stores meeting the necessary performance and quality
contracted for in place of those rejected, provided that either the purchaser or the agreement to
purchase from another supplier is made six months from the date of rejection of the Stores as
aforesaid.
4. Agency Commission:
The amount of Commission included in the price and payable to the Indian Agent of the Contractor
shall be paid directly to the Indian Agent[s] by the Purchaser in equivalent Indian Rupees on the basis
of an Invoice from the Indian Agent by applying T.T. buying rate of exchange ruling on the date of
placement of the Purchase Order/Contract and within 30 days from the date of receipt and acceptance
of the stores.
The Contractor shall Invoice only for the net amount payable to him, after deducting the amount of
Agency Commission included in the Invoice which would be paid to the Indian Agent[s] directly by the
Purchaser. However, the Contractor[s] quote should separately reflect the amount of Commission
payable to his Indian Agent.
As per the Compulsory Enlistment Scheme of the Department of Expenditure, Ministry of Finance, it is
compulsory for Indian Agents who desired to quote directly on behalf of their Foreign Principals to get
themselves enlisted with the Central Purchase Organization [Eg: DGS&D]
6. Applicable Law: The Contract shall be interpreted, construed and governed by the Laws of India.
7. Arbitration:
In the event of any dispute or difference relating to the interpretation and application of the Contract,
such dispute or difference shall be settled amicably by mutual consultations of the good Offices of the
respective parties. If such a resolution is not possible, then the unresolved dispute or difference shall
be referred to the Sole Arbitrator appointed by Director, LABORATORY FOR ELECTRO-OPTICS
SYSTEMS Bangalore in accordance with the rules and procedures of Indian Arbitration and
Conciliation Act 1996 or any modification thereof. The decision of the Arbitrator shall be final and
binding on both the parties. The expenses for the Arbitration shall be paid as may be determined by
the Arbitrator. The Arbitration shall be conducted in Bangalore.
Pending the submission of and/or decision on a dispute, difference or claim or until the Arbitral award
is published; the Parties shall continue to perform all of their obligations under this Agreement without
prejudice to a final adjustment in accordance with such award.
9. Arbitration with Public Sector Undertakings In the event of any dispute or difference relating to the
interpretation and application of the Contract, such dispute or difference shall be settled amicably by
mutual consultations of the good Offices of the respective parties. If such a resolution is not possible,
then the unresolved dispute or difference shall be referred to the Sole Arbitrator appointed in the
Department of Public Enterprise under the Permanent Machinery for Arbitration.
10. Bank Charges: All Bank Charges Payable within India shall be borne by Purchaser. Similarly, all
Bank Charges Payable outside India shall be borne by the Supplier.
(2) In the event of Purchaser terminating the contract in whole or in part thereof, as provided in Clause
18.1, the Purchaser reserves the right to purchase, upon such terms and in a manner as he may deem
appropriate, Stores similar to that terminated and the Contractor shall be liable to the Purchaser for any
additional cost for such similar Stores, and/or for Liquidated Damages for delays as defined in Clause
23 until such reasonable time as may be required for the final supply of Stores.
(3) If this contract is terminated as provided in Clause 18.1 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 cases in the manner and as directed by the Purchaser.
(a ) Any completed Stores.
(b)Such partially completed Stores, drawing information and Contract right (here-in-after called
manufacturing material) as the Contractor has specifically produced or acquired for the Contract as
terminated. The Purchaser shall pay to the Contractor, the Contract price for completed Stores
delivered to and accepted by the Purchaser and for manufacturing materials delivered and accepted.
(4) In the event, the Purchaser does not terminate the Contract as provided in Clause 18.1, the
Contractor shall continue the performance of the Contract, in which case he shall be liable to the
15. Counter Terms & Conditions: Where counter terms and conditions printed or cyclostyled condition
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.
16. Definitions:
(a)The term Purchaser shall mean the President of India or his successors or assigns.
(b)The term Contractor shall mean the person, firm or company, with whom or with which the Order for
the supply of Stores is placed and shall be deemed to include the Contractors
Successors/Representative, Heirs, Executors and Administrators unless excluded by the Contract.
(c)The term Purchase Order shall mean the communication signed on behalf of the Purchaser by an
officer duly authorized intimating the acceptance on behalf of the Purchaser on the terms and condition
mentioned or referred to in the said communication accepting the Tender or offer of the Contractor for
supply of Stores or plant, machinery or part thereof.
(d)The term Stores shall mean what the Contractor agrees to supply under the Contract as specified in
the Purchase Order including erection of plants and machinery and subsequent testing should such a
condition be included in the Purchase Order.
18. Demurrage:
Supplier shall bear demurrage charges if any, incurred by the Purchaser due to delayed presentation
of shipping documents as prescribed in Para 4.2 to the Bankers within reasonable time (say within 10-
12 days) from the date of Bill of Lading for Sea Consignments and within 12 days from the date of Air
Way Bill for Air Consignments.
22. Fall Clause: Fall Clause will be applicable wherever considered necessary.
(2) 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.
(3) If the Force Majeure condition extends over a period of Three [03] months both the parties of the
Contract shall mutually discuss and arrive at an agreement for continuation or termination of the
Contract.
24. For items having Shelf Life, the same shall be supplied with maximum Shelf Life if order is placed.
(b) If in the opinion of the Purchaser, it becomes necessary to replace or renew any defective Stores,
such replacement or renewal shall be made by the Contractor free of all costs to the Purchaser,
provided the notice informing the Contractor of the defect is given by the Purchaser in this regard
within the said period of 14 months from the date of acceptance of stores thereof.
(c) If Contractor fail to rectify the defects, the Purchaser shall have right to reject or repair or replace, at
the cost of the Contractor the whole or any portion of the defective Stores.
(d)The decision of the Purchaser, notwithstanding any prior approval or acceptance or inspection
thereof, on behalf of the Purchaser, as to whether or not the Stores supplied by the Contractor are
defective or any defect has developed within the said period of 12 months or as to whether the nature
of the defects requires renewal or replacement, shall be final, conclusive and binding on the
Contractor.
(e)To fulfill guarantee conditions outlined in Clause 24 (a) to (d) above, the Contractor shall, at the
option of the Purchaser, furnish a Bank Guarantee (as prescribed by the Purchaser - Bank Guarantee
format) from a Nationalized/Scheduled Bank approved by the Purchaser for an amount equivalent to
10% of the value of the Contract within a reasonable time after the receipt of PO/Contract for the due
performance of the Contract as well as the product delivered. On the performance and completion of
the contract in all respects, the Performance Bank Guarantee will be returned to the Contractor without
any interest.
(f)All the replacement Stores shall also be guaranteed for a period of 12 months from the date arrival of
Stores at Purchasers site.
(g) Even while the 12 months guarantee applies to all Stores in case where a greater period is called
for by our specifications then such a specification shall apply, in such cases the period of
14 months referred to inClause 24 (a) and (b) shall be the asked for guarantee period plus two
months.
In order to avail of the benefits extended by Government of India to the Micro and Small Enterprises
[MSEs], please submit attested copy of the valid Entrepreneur Memorandum Part-II signed by General
Manager, District Industries Center or National Small Industries Corporation [NSIC] Registration
Certificate along with your offer. The facilities/ benefits will be extended as per Order No: 25(2)/2011-
MA dated 14.10.2011 issued by Ministry of MSME, Government of India, New Delhi.
30. Indemnity: The Contractor shall warrant and deemed to have warranted that all Stores supplied
against this contract are free and clean of infringement of any Patent, Copy Right or Trademark and
shall at all times indemnify the Purchaser against all claims which may be made in respect of the
Stores for infringement of any right protected by Patent, Registration of the design or Trade mark and
shall take all risk of accidents 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 fulfillment of
the Contract.
32. Inspection/Test/Certificate should be provided for the goods after testing it thoroughly at the
Contractors works. If any inspection by Lloyds or any other Testing Agency is considered necessary, it
shall be arranged by Contractors on the instructions of the Purchaser.
33. Instruction/Operation Manual containing all assembly details including wiring diagrams should be
37. Jurisdiction: The Courts within Bengaluru will have the Jurisdiction to deal with and deciding any
matter arising out of this Contract.
40. Packing:
(a)The Contractor wherever applicable shall pack and crate all Stores for Sea/Air 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 damages and deteriorations in
transit by Road, Rail or Sea for Space qualified Stores. The Contractors shall be held responsible for
all damages due to improper packing.
(b)The Contractor shall ensure that each Box/Unit of shipments are legible and properly marked for
correct identification. The failure to comply with this requirement shall make the contractor liable for
additional expenses involved.
(c)The Contractor shall notify the Purchaser of the date of shipment from the Port of Embarkation as
well as the expected date of arrival of such shipment at the designated Port of Arrival.
(d)The Contractor shall give complete shipment information concerning the weight, size, content of
each packages etc.,
(e)Transshipment of equipments shall not be permitted except with written permission of Purchaser.
(f)Apart from the despatch documents negotiated through Bank, the following document shall also be
airmailed to the Purchaser within 7 days from the date of shipment by Sea and within 3 days in case of
Air Consignment:
a. Commercial Bill of Lading/Air Way Bill, Post Parcel Receipt (two non-negotiable copies).
b. Invoice (3 copies).
c. Packing List (3 copies).
d. Test Certificates (3 copies).
e. Certificate of Origin as declared in the Invoice.
f. Warranty/Guarantee Certificate
Contractor shall also ensure that one copy of the Packing List is enclosed in each case/box.
43. Permitted Number of Shipment [ONE] only. Any additional is shipment will be at suppliers cost.
Part shipment is not allowed unless specifically agreed to by us.
45. Prices:
Tenders offering firm prices will be preferred. Where a price variation clause is insisted upon by a
tenderer for quotations a reasonable ceiling should be submitted. Such offers should invariably be
supported by the base price taken into account at the time of tendering and also the formula for any
such variations.
47. Rejection:
If the Stores supplied by the Contractor are found defective in material or workmanship or otherwise
not in conformity with the requirements of the Contract specification, 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 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 18 above.
(c)Acquire the defective Stores at a reduced price considered equitable under the circumstances.
The provision of this Article shall not prejudice the Purchasers rights under Clause 23.
48. Replacement:
49. Risk Purchase: Risk Purchase Clause will be applicable wherever considered necessary.
50. Security Interest: On each item to be delivered under this Contract, including an item of work in
progress in respect of which payment have been made in accordance with the Terms of the Contract.
Purchaser shall have a Security Interest in such items which shall be deemed to be released only at
the time when the applicable deliverable items is finally accepted and delivered to the Purchaser in
accordance with the terms of Contract. Such Security Interest of the Purchaser shall constitute a prior
charge as against any other charge or interest created in respect of such items by any other entity.
51. Shipping Marks : The marks on the shipping documents such as Invoice, Bill of Lading/Airway Bill
and on the packages should be as follows:
Purchase Order No
GOVERNMENT OF INDIA, DEPARTMENT OF SPACE, LABORATORY FOR ELECTRO-OPTICS
SYSTEMS (LEOS-ISRO), 1st STAGE, 1st CROSS, PEENYA INDUSTRIAL ESTATE, BANGALORE -
560 058 (INDIA)
53. Termination:
Under the normal circumstances, Termination/Short Closing of the PO/Contract is not foreseen.
However in case of continued non performance of the PO/Contract, LEOS reserves the right
to: [i] Terminate the Contract wholly or partly by giving 30 days prior notice [ii] LEOS reserves the right
to terminate the PO/Contract at any time by giving 30 days prior notice.
56. The Authority of person signing the Tender, if called for shall be produced.
57. The Purchaser reserves the right to accept or reject any offer in whole or in part without assigning
any reason.
58. Training: The Contractor shall, if required by the Purchaser, provide facilities for the Practical
Training of Purchaser s Engineering or Technical Personnel from India and for their active association
on the manufacturing process throughout the manufacturing period of the Contract/Stores, number of
such personnel to be mutually agreed upon.
59. Transparency: Tenderers are free to ask Purchaser for the Bidding conditions, Process and/or
Rejection of bids etc., during the procurement process.
61. Validity of Offer: The offer should be valid for a minimum period of 180 days from the date of
opening of the tender.
62. Where Erection, 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
63. If the bidder is a Micro or Small Enterprise as per latest definitions under MSME rules, the bidder
shall be exempted from the requirement of "Bidder Turnover" criteria and "Experience Criteria" subject
to meeting of quality and technical specifications. If the bidder is OEM of the offered products, it would
be exempted from the "OEM Average Turnover" criteria also subject to meeting of quality and technical
specifications. In case any bidder is seeking exemption from Turnover / Experience Criteria, the
supporting documents to prove his eligibility for exemption must be uploaded for evaluation by the
buyer.
64. . If the bidder is a Startup, the bidder shall be exempted from the requirement of "Bidder Turnover"
criteria and "Experience Criteria" subject to their meeting of quality and technical specifications. If the
bidder is OEM of the offered products, it would be exempted from the "OEM Average Turnover" criteria
also subject to meeting of quality and technical specifications. In case any bidder is seeking exemption
from Turnover / Experience Criteria, the supporting documents to prove his eligibility for exemption
must be uploaded for evaluation by the buyer.
1. Agency Commission if any:Tenderer[s] shall mention the percentage [%] of Agency Commission
included in the quoted Price payable to the Indian Agent in equivalent Indian Rupees on the basis of
TT buying rate of exchange prevailing on the date of placement of Purchase Order.
Government of India, Ministry of Finance (Department of Revenue) vide its Notification No. 7/2018-
Integrated Tax (Rate), dated the 25th January, 2018, read with Notification No.25/2018-Integrated Tax
(Rate) dated the 31st December, 2018, have inserted the serial number 243B under Chapter 88 or Any
other chapter wherein it is specified that the IGST @ the rate of 5% shall be applicable for Scientific
and technical instruments, apparatus, equipment, accessories, parts, components, spares, tools,
mock ups and modules, raw material and consumables required for launch vehicles and satellites and
payloads.
The declaration regarding the proposed procurement is for Satellite or for its payload will be mentioned
specifically in our Purchase Order. Successful Tenderers should consider this aspect before raising an
Invoice. On all other procurements, applicable GST will be paid. Tenderers shall mention applicable
GST rate along with the HSN code in their commercial Terms.
3. Applicable Law and Jurisdiction: Contract shall be interpreted, construed and governed by the Laws
of India and the Courts in Bengaluru City alone shall have exclusive jurisdiction in this regard, to the
extent permissible under the Arbitration and Conciliation Act, 1996. Non acceptance to this Clause will
amount to rejection of the Tender.
4. Arbitration: a) For Indigenous: In the event of any dispute/s, difference/s or claim/s arising out of or
relating to the interpretation and application of the Contract, such dispute/s or difference/s or claim/s
shall be settled amicably by mutual consultations of the good Offices of the respective Parties and
recognizing their mutual interests attempt to reach a solution satisfactory to both the parties. If such a
resolution is not possible, within 30 days from the date of receipt of written notice of the existence of
such dispute/s, then the unresolved dispute/s or difference/s or claim/s shall be referred to the Sole
Arbitrator appointed by Director, LEOS, Bengaluru in accordance with the rules and procedures of
Arbitration and Conciliation Act 1996 together with amendments thereto or any modification thereof.
The expenses for the Arbitration shall be paid as may be determined by the Arbitrator. The Arbitration
shall be conducted in Bengaluru. The considered and written decision of the Arbitrator shall be final
and binding between the Parties. The 'Seat' for Arbitration shall be Bengaluru. The applicable language
for Arbitration shall be 'English' only. Work under the contract shall be continued by the Tenderer
during the pendency of arbitration proceedings, without prejudice to a final adjustment in accordance
with the decision of the Arbitrator unless otherwise directed in writing by the Purchaser or unless the
matter is such that the works cannot be possibly continued until the decision (whether final or interim)
of the Arbitrator is obtained. Adherence and acceptance to this Clause is Compulsory or otherwise the
Tender will be rejected. b) For Overseas Supplier: In the event of any dispute or difference arising out
of or in connection with this Purchase Order, such dispute or difference shall be settled amicably by
mutual consultants or through the good offices of the respective parties. If such resolution is not
possible, then the unresolved dispute or difference shall be referred to the Sole Arbitrator appointed in
accordance with provisions of the ICADR Arbitration Rules, 1996 of the International Center for
6. Bank Charges: Tenderer[s] are hereby requested to take note that 'All Bank Charges inside India
shall be borne by the Purchaser'. Similarly, 'All Bank Charges outside India shall be borne by
Contractor
8. Delivery Date/Completion Date: Delivery is the essence of the Contract. Tenderer[s] are hereby
requested to mention the Firm Delivery Date/Completion Date.
9. Delivery Terms [Indigenous Supply]: Tenderer[s] is requested to quote the Price[s] [Basic Price of
item, Packing, Forwarding and Freight, Insurance and Handling Charges if any] up to LEOS,
Bengaluru.
10. Factory Acceptance Testing [FAT] [if Required]: The successful Tenderer[s] has to arrange for the
necessary FAT of the Stores at the Contractor Factory Premises to enable URSC Engineers to carry
out FAT. The FAT is applicable wherever the RFP document/Scope of Work calls for such an FAT.
14. If an agent submit bid on behalf of the principal/OEM, the same agent shall not submit a bid on
behalf of another principal/OEM in this tender for the same item. If submitted, all offers will be liable for
rejection
15. In case the bidders propose any other payment terms in deviation with the standard terms
mentioned in the tender enquiry, it may be noted that applicable cash flow implications will be loaded
on the prices quoted for commercial comparison of the offers. If advance payments are insisted by the
bidders, interest at the rate of MCLR (Marginal Cost Linked Rate) as notified by State Bank of India
17. In this tender either the Indian agent on behalf of the principal/OEM or the principal /OEM itself can
bid, but both cannot bid simultaneously for the same item. Indian agents while quoting on behalf of
their principals shall provide necessary latest authorisation letter obtained from their
principals/manufacturers
18. In this tender either the Indian agent on behalf of the principal/OEM or the principal /OEM itself can
bid, but both cannot bid simultaneously for the same item. Indian agents while quoting on behalf of
their principals shall provide necessary latest authorisation letter obtained from their
principals/manufacturers. 2.If an agent submit bid on behalf of the principal/OEM, the same agent shall
not submit a bid on behalf of another principal/OEM in this tender for the same item. If submitted, all
offers will be liable for rejection.
19. Liquidated Damage: The time and date stipulated in the contract for completion of the work shall be
deemed to be the essence of the contract. If the Contractor fails to deliver the Stores within the time
specified in the Contract or any extension thereof or if the Contractor fails to maintain the required
progress or comply with the relevant provisions of the general conditions of contract or special
conditions of contract, if any and clear the site on or before the contract or extended date of
completion, the Purchaser shall, without prejudice to any other right or remedy available under the law
to Purchaser on account of such breach, recover from the Contractor as Liquidated Damages a sum
one-half of one percent [0.5 percent] of the Contract price of the undelivered Stores for each calendar
week of delay or part thereof. The total Liquidated Damages shall not exceed Ten percent [10 percent]
of the Contract price of the unit or units so delayed. Adherence and acceptance to this Clause is
Compulsory or otherwise the Tender will be rejected. In case of delay in delivery of the Stores beyond
the delivery date stipulated in the Purchase Order/Contract or any extension thereof, such Stores shall
be received without prejudice to the right of the Purchaser to claim Liquidated Damages and without
prejudice to the terms and conditions of the Purchase Order/Contract.
23. Payment Terms- For Indigenous: Our Standard Payment Terms is 100% payment within 30 days
after Receipt and Acceptance of Stores at LEOS.
24. Performance Bank Guarantee:The Contractor shall execute Performance Bank Guarantee for 3%
Tender No : LEOS/LEOS/LE202300003201 Page 32 52
of
value of the Purchase Order for fulfilment of Warranty obligations. The PBG shall be executed through
Account Payee Demand Draft/ Fixed Deposit receipts or Bank Guarantee issued by a Nationalized
Bank/Schedule Bank/International reputed Bank approved by RBI. The PBG shall be executed on a
Non-Judicial Stamp Paper of Rs. 200/- value. The Performance Bank Guarantee shall be executed as
per our specimen. The Performance Bank Guarantee shall be executed before claiming payment. The
PBG will not carry any interest and shall be returned after completion of all the Contractual obligations
of the Contract with a 'NO CLAIM CERTIFICATE' issued by Contractor as per our Specimen enclosed.
Adherence to this clause is compulsory or otherwise, the Tender will be rejected.
25. Performance will be given to class-I Local supplier and in their absence, Class-II Local supplier will
be considered.
26. Pre-Delivery Inspection [PDI] [if Required]: The successful Tenderer[s] has to arrange for the
necessary PDI of the Stores at the Contractor Factory Premises to enable LEOS Engineers to carry
out PDI. The PDI is applicable wherever the RFP document/Scope of Work calls for such an
inspection..
28. PUBLICITY: No publicity of any kind whatsoever in case of PURCHASE ORDER shall be given by
the Supplier without prior permission of the Purchaser. 2.Purchase Officer, LEOS, reserves the right to
accept or reject any/or all the tenders in part or full without assigning any reasons thereof.
29. SECRECY: The technical information, drawings, specifications and other related documents,
forming part of the CONTRACT, are the property of the Purchaser and shall not be used for any other
purpose, except for execution of the CONTRACT. All rights, including rights in the event of grant of
patent and registration of designs are reserved. The technical information, drawings, specifications,
records and other documents shall not be copied, transcribed, traced or reproduced in any other form
or otherwise in whole and/or duplicated, modified, divulged and/or disclosed to a third party nor
misused in any other form whatsoever without Purchasers consent in writing except to the extent
required for the execution of this CONTRACT. These technical information, drawings, specifications
and other related documents shall be returned to the Purchaser with approved copies and duplicates, if
any, immediately after they have been used for the agreed purpose.
30. Security Deposit:The Contractor shall execute Security Deposit for 3% of the value of the Purchase
Order to ensure Satisfactory Performance of the Contract as per our specimen. The Security Deposit
shall be executed within 20 days after Receipt of Purchase Order or any extension thereof. The
Security Deposit is to be furnished in the form of Account Payee Demand Draft or Fixed Deposit
31. Taxes : Government of India has implemented Goods and Services Tax [GST] w.e.f 01.07.2017.
The Tenderer[s] should mandatorily posses a valid GSTIN along with the GST Registration Certificate.
Please send duly self attested certificate of GST Registration along with offer[s], in the absence of
which your offer[s] will be invalid and shall not be considered.
33. The percentage of local content should be specifically mentioned in the offer, without which it will
be summarily rejected.
38. 1. If the bidder is a Micro or Small Enterprise as per latest definitions under MSME rules, the bidder
shall be exempted from the requirement of "Bidder Turnover" criteria and "Experience Criteria" subject
to meeting of quality and technical specifications. If the bidder is OEM of the offered products, it would
be exempted from the "OEM Average Turnover" criteria also subject to meeting of quality and technical
specifications. In case any bidder is seeking exemption from Turnover / Experience Criteria, the
supporting documents to prove his eligibility for exemption must be uploaded for evaluation by the
buyer
39. If the bidder is a Startup, the bidder shall be exempted from the requirement of "Bidder Turnover"
criteria and "Experience Criteria" subject to their meeting of quality and technical specifications. If the
bidder is OEM of the offered products, it would be exempted from the "OEM Average Turnover" criteria
Tender No : LEOS/LEOS/LE202300003201 Page 34 52
of
also subject to meeting of quality and technical specifications. In case any bidder is seeking exemption
from Turnover / Experience Criteria, the supporting documents to prove his eligibility for exemption
must be uploaded for evaluation by the buyer.
C.1 Technical Bid - Portable Multi beam Collimated Light Source (PMCLS)
1. Optoelectronic Hardware
Document : RFP_document
Collimating Yes / No /
14 refer SI No. 15 to 17
Optics Explain
Yes / No /
15 Lens type Bi-convex Explain
Yes / No /
16 Focal length 45 mm Explain
Yes / No /
17 Lens Diameter 25 mm Explain
ST Microelectronics
Power Supply make LED1202 can be Yes / No /
18 for LEDs referred. Refer SI.No. Explain
19 to 23
Analog current drivers
(no PWM or switching)
- Each current source Yes / No /
19 Type should be individually Explain
programmable.
- Should draw power
also from USB.
Resolution of Yes / No /
20 output 8 bits or better Explain
intensity
-GUI to control source
Control currents individually Yes / No /
21 software on -Connection detection Explain
PC of individual light
source
Buffer length
from current 30 cm. As shown in Yes / No /
22 driver box to Fig 2 Explain
simulator tube
Housing for Yes / No /
23 current driver Separate box Explain
circuit
2. User manual
5. TECHNICAL COMPLIANCE
Sl. No. Item Quantity Unit Price Currency Total Price Remark