Signer: JAGDISHAN MANILAL MUDALIAR

Fri May 03 11:28:54 IST 2024

GOVERNMENT OF INDIA
DEPARTMENT OF SPACE
SPACE APPLICATIONS CENTRE (SAC)
AHMEDABAD

Tender for Spin Coater System

Bids to be submitted online

Tender No.: SAC/CPUR/SA202200145601 dated 03-05-2024

Tender No : SAC/CPUR/SA202200145601 Page 1 of 22

A. Tender Details

Tender No : SAC/CPUR/SA202200145601

Tender Date : 03-05-2024

Tender Classification: GOODS

Purchase Entity : CPUR

Centre : SPACE APPLICATIONS CENTRE (SAC)

Spin Coater System

A) Type of tender:- Global Tender (Two part)

B) GeM Non-availability report ID number GEM/GARPTS/01052024/INY0I3ECAG00
C) Evaluation criteria: Individual L1

D) In case of global tender enquiry: - Class I/ Class II/ Non Local Supplier shall be eligible to bid
against this tender as defined in Make in India order.

E) Any clarification with respect to this tender shall be raised against clarification window in the new
EGPS. No mail enquiries shall be entertained.

A.1 Tender Schedule

Bid Submission Start Date : 03-05-2024 12:25

Bid Clarification Due Date : 24-05-2024 11:25

Bid Submission Due Date : 31-05-2024 11:25

Bid Opening Date : 31-05-2024 12:25

Price Bid Opening Date : 07-06-2024 11:25

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B. Tender Attachments

NA

Instructions To Vendors

1. GENERAL TERMS & CONDITIONS FOR TENDER

1. DEFINITIONS

a)The term 'Purchaser' shall mean the President of India or his successors or assignees.

b)The term 'Contractor' shall mean the person, firm or company with whom or with which the
''Purchase Order/Contract'' for supply of stores/services is placed and shall be deemed to include the
contractor's successors, representatives, heirs, executors and administrators unless excluded by the
Purchase Order/Contract.

c)The term 'Purchase Order / Contract' shall mean the communication signed on behalf of the
Purchaser by duly authorized Officer intimating the acceptance on behalf of the Purchaser on the
terms and conditions mentioned or referred to in the said communication accepting the tender or offer
of the contractor for supply of stores, plant, machinery, equipment and services.

d)The terms 'Stores' shall mean the goods and/or services as specified in the Purchase
Order/Contract.

e)Class-I Local Supplier means a supplier or service provider whose goods, services or works offered
for procurement has local content equal to or more than 50%.

f)Class-II Local Supplier means a supplier or service provider whose goods, services or works offered
for procurement has local content more than 20% but less than 50%.

g)Non-Local supplier means a supplier or service provider whose goods, services or works offered for
procurement has local content less than or equal to 20%.

h)Local content means the amount of value added in India which shall be the total value of the item
procured (excluding net domestic indirect taxes) minus the value of imported content in the item
(including all customs duties) as a proportion of the total value in percent.

i)'Bidder' (including the term 'tenderer', 'consultant' or 'service provider' in certain contexts) means any
person or firm or company, including any member of a consortium or joint venture (that is an

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association of several persons, or firms or companies), every artificial juridical person not falling in any
of the descriptions of bidders stated hereinbefore, including any agency, branch or office controlled by
such person, participating in a procurement process.

j)'Agent' means a person employed to do any act for another or to represent in dealings with third
persons.

2. ELIGIBILITY CRITERIA

a)Any bidder from a country, which shares a land border with India, will be eligible to bid only if the
bidder is registered with the Competent Authority in terms of Order (Public Procurement No.3) dt.23rd
July 2020 and any amendments thereto issued by Public Procurement Division, Department of
Expenditure, Ministry of Finance, Government of India.

b)'Bidder from a country which shares a land border with India' means,

i)An entity incorporated, established or registered in such a country, or

ii)A subsidiary of an entity incorporated, established or registered in such a country, or
iii)An entity substantially controlled through entities incorporated, established or registered in such a
country, or
iv)An entity whose beneficial owner is situated in such a country, or
v)An Indian (or other) agent of such an entity, or
vi)A natural person who is a citizen of such a country, or
vii)A consortium or joint venture where any member of the consortium or joint venture falls under any of
the above.

c)'Beneficial owner' for the purpose of 'b' above will be as under:

i)In case of a Company or Limited Liability Partnership, the beneficial owner is the natural person(s),
who, whether acting alone or together, or through one or more juridical person, has a controlling
ownership interest or who exercises control through other means.

Explanation:

'Controlling ownership interest' means ownership of or entitlement to more than twenty five per cent of
shares or capital or profits of the company.

'Control' shall include the right to appoint majority of the directors or to control the management or
policy decisions, including by virtue of their shareholding or management rights or shareholders
agreements or voting agreements.

ii)In case of partnership firm, the beneficial owner is the natural person(s) who, whether acting alone or
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together or through one or more juridical person, has ownership of entitlement to more than fifteen
percent of capital or profits of the partnership.

iii)In case of an unincorporated association or body of individuals, the beneficial owner is the natural
person(s) who, whether acting alone or together or through one or more juridical person, has
ownership of or entitlement to more than fifteen percent of the property or capital or profits of such
association or body of individuals.

iv)Where no natural person is identified under (i) or (ii) or (iii) above, the beneficial owner is the
relevant natural person who hold the position of senior managing official.

v)In case of a trust, the identification of beneficial owner(s) shall include identification of the author of
the trust, the trustee, the beneficiaries with fifteen percent or more interest in the trust and any other
natural person exercising ultimate effective control over the trust through a chain of control or
ownership.

d)Class-I Local Supplier/Class-II Local Supplier/ Non-Local Supplier are eligible to bid in terms of
Public Procurement (Preference to Make in India), Order 2017 - Revision dated 04.06.2020 and
revised 'Public Procurement (Preference to Make in India), Order 2017 dated 16.09.2020 issued by
Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry,
Government of India.

3. EVALUATION CRITERIA

a)Bids received should be evaluated against the specifications, terms and conditions incorporated in
the bidding document.

b)During evaluation and comparison of bids, the Purchaser may, at his/her discretion, ask the bidder
for clarifications on the bid. Purchaser may request for any clarification and/or additional documents
from the bidders. No change in the prices or substance of the bid shall be sought, offered or permitted.
No post bid clarification at the initiative of the bidder shall be entertained. The shortfall information
and/or documents shall be sought, by the Purchaser, only in case of historical documents which pre-
existed at the time of tender opening and which have not undergone any change since then.

c)Bidders shall not be permitted to alter or modify their bids after expiry of the deadline for receipt of
bids.

d)All responsive bids shall be evaluated with a view to select the lowest [L1] bidder who meets the
qualification criteria, including terms and conditions of the tender. Techno-commercial aspects shall be
compared on a common platform on the basis of total evaluated cost of each offer which will be arrived
at by adding the basic price as well as other charges, and all statutory levies/taxes/duties. Maintenance
charges shall be taken into account if it forms part of the tender for the purpose of cost comparison.
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The financial implication shall be considered as the all inclusive cost to the Purchaser. Evaluation of
the bids shall be done on the basis of landing cost to the Purchaser.

e)Purchaser discourages advance payment terms. In case of advance payment, for the purpose of
evaluation, interest shall be loaded on the amount so paid as advance for the delivery period quoted as
per MCLR of State Bank of India prevailing on the date of tender opening. Further, for any delay in
executing the contract, Purchaser shall recover interest on the amount paid as advance for the delayed
period at the MCLR of State Bank of India prevailing on the date of the payment besides other
remedies available for breach of the contract.

f)If the quoted prices are in different currencies, then for comparison purpose the offers in foreign
currencies will be converted into Indian Rupees based on the exchange rate prevailing on the date of
tender opening.

g)If a bidder quotes ''NIL' charges/consideration, the bid shall be treated as unresponsive and will not
be considered.

h)Evaluation of the bids shall not be done on the basis of conditional discounts.

i)Purchaser reserves the right to give preference for procurement of goods in terms of product
reservation and preferential / mandatory purchase policy as notified by Government of India from time
to time. Bidders claiming any preference shall submit relevant and valid registration certificate along
with the tender in terms of the relevant Orders/Notifications issued by appropriate
Authority/Government.

j)Purchaser reserves the option to increase / decrease the quantity to the extent of 25% of the
tendered quantity.

k)Purchaser reserves the right to accept or reject any quotation in full or part thereof by recording the
reasons. The Purchaser shall be under no obligation to accept the lowest or any tender and reserves
the right to accept whole or any part of the tender or part of the quantity offered and the bidders shall
supply the same at the rates quoted.

l)Purchaser reserves the right to enter into parallel contract unless the instructions are otherwise in the
RFP.

m)Purchaser also reserves the right to reject any offer in the event of non-compliance to tender terms
and conditions or where the prices are not viable vis-a-vis the scope of the contract.

n)A bidder can question the bidding conditions, bidding process and / or rejection of its bid.

o)Any clarification on the tender shall be sought from the Purchaser well in advance of the tender
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closing date but in any case, it should not be within 7 days of bid closing date.

p)Public Tenders shall be opened in the presence of the authorized representative of the bidders. In
case the tenders cannot be opened due to holiday or technical reasons the tender will be opened on
the next working day.

4. OFFER VALIDITY

a)The offer should be valid for a minimum number of days, as mentioned below, from the date of
opening of the bids.

Single Part Tender: 90 days

Two Part Tender: Part-1: 120 days & Part-2: 90 days from price bid opening.

During the validity period the bidder shall not revoke or cancel or vary the bid except and to the extent
required by Purchaser. Purchaser will make all efforts to finalize the contract within the original bid
validity. However, in case the contract is not finalized during the original bid validity then the bidder
shall be requested to extend the bid validity.

5. TERMS FOR TECHNICAL-BID & PRICE-BID

a)The price quoted shall be firm and fixed. At the option of the Purchaser, in case of long term
contracts where the input cost and other factors are subject to changes, price variation may be
accepted as per price variation formula, if specifically mentioned in the RFP/Tender.

b)In a two part tender [Part-1: Techno-commercial bid and Part-2: Financial bid], initially only the
techno-commercial bids would be opened and evaluated. The financial bids will be opened only for the
bids which successfully meet the qualification criteria and techno-commercial criteria. The bid will be
rejected if price of any nature is included in Part-1 [Techno-commercial bid].

c)Bidders shall note that the entries for rate, taxes & duties, freight and any other levy shall be entered
only in the relevant fields as provided in the price bid form / vendor specified terms.

d)If specifically mentioned in the tender document/RFP, only the authorized

dealers/agents/representatives of original manufacturers shall submit the quotation with documentary
evidence.

e)All available technical literature, catalogues and other data in support of the specifications and details
of the items shall be furnished along with the offer.

f)Approximate net and gross weight of the items offered shall be indicated in your offer. If dimensional

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details are available, the same shall also be indicated in the offer.

g)Stores offered shall strictly conform to the tender specifications. Deviations, if any, shall be clearly
indicated by the bidder in the quotation. The bidder shall also indicate the Make/Model number of the
stores offered. Test Certificates, wherever necessary, shall be forwarded along with supplies.
Wherever options have been called for in our specifications, the bidder shall address all such options.

h)Any drawings, specifications, end use, etc., which are part of the tender document shall not be
disclosed by the bidder to any third party.

i)Tender number shall be mentioned in all correspondence.

6. PAYMENT TERMS

a)Normally 100% of the Contract/PO value will be made within 30 days of receipt, installation
(wherever applicable) & acceptance of the material at Purchaser's site.

b)Other terms of payment like Sight Draft/Letter of Credit may be considered by the Purchaser on such
terms and conditions as may be agreed upon in case of foreign suppliers.

c)The Sight Draft / Letter of Credit will be operative on presentation of the under mentioned
documents:

1. Original Bill of Lading / Airway Bill

2. Commercially certified invoices in triplicate, describing the stores delivered, quantity, unit rate and
their total value. The invoice should indicate discounts, and Agency Commission if any separately.
3. Packing List showing individual dimensions and weight of packages.
4. Country of Origin Certificate in duplicate.
5. Test Certificate.
6. 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.
7. Warrantee and guarantee Certificate/s.

d)For any Services, payment will be made after satisfactory completion of the services and certification
to that effect from the Purchaser.

e)Our Bankers are State Bank of India (IFSC: SBIN0003967), Jodhpur Tekra Branch, Ahmedabad,
Gujarat -380 015, India.

f)Any other payment terms offered by the bidders may be considered by the Purchaser provided that
all such payments shall be against receipt of the items / completion of service / identified verifiable
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milestones. Advance payment, if any, shall not exceed 30% of the contract value to private firms and
40% of contract value to a State or Central Government agencies or a Public Sector Undertaking. In
case of maintenance contracts, the advance payment shall not exceed the amount payable for 6
months under the contract. Advance payments shall be against Bank Guarantee of equivalent value
from any Commercial Bank in India / International Bank of repute, valid till 60 days beyond the receipt
and acceptance of the product / completion of service.

g)Purchaser shall bear the Bank charges payable to their Bank, the Contractor shall bear the Bank
charges payable to their Bank.

h)GSTN/UIN No.: 2417IND00002ON2

i)Import Export Code: 0100000011

7. TAXES AND DUTIES

a)Taxes and Duties shall be distinctly shown in the offer.

b)Bidders are advised to check applicable GST on their own before quoting. Please quote with HSN
code of the quoted product and the corresponding GST rate applicable.
c)Purchaser is eligible for concessional rate of Customs Duty and IGST on imports as per Notification
No. 50/2017-Customs dt.30.06.2017 and Notification No.5/2018-Customs dt.25.01.2018 issued by
Department of Revenue, Ministry of Finance, Government of India. For the items covered under the
said notification, the Purchaser will issue the necessary certificate for the items covered under the said
notification provided the same is requested by the bidder in their quotation. Accordingly, prices shall be
quoted exclusive of Customs Duty and IGST component.

8. INDIAN AGENTS

a)Offers made by Indian Agents on behalf of their Principals should be supported by the Proforma
Invoice of their Principals indicating the commission payable to the Indian Agent and nature of after
sales service to be rendered by the Indian Agent.

b)Indian Agents while quoting on behalf of their principals shall attach valid authorization certificate
from their Principal/OEM along with the bid.

c)If more than one agent/distributors are involved, a copy of certification from OEM mentioning the
specific relationship among the vendors involved shall be submitted along with the bid.

d)In a tender either the Indian Agent on behalf of the Principal/OEM or Principal/ OEM itself can bid but
both cannot bid simultaneously for the same item/product in the same tender.

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e)If an Indian agent submits bid on behalf of the Principal/OEM, the same Indian Agent shall not submit
a bid on behalf of another Principal/OEM in the same tender for the same item/product.

f)Agency Commission: The percentage / amount of agency commission included in the quoted price
and payable to the Indian Agent of foreign suppliers shall be paid directly to the Indian Agent in
equivalent Indian Rupees worked out on the basis of Telegraphic Transfer buying rate of exchange
prevailing on the date of placement of Purchase Order and within 30 days from the date of receipt and
acceptance of stores. In no case the agency commission shall be paid in foreign exchange.

9. DELIVERY TERMS AND DELIVERY PERIOD

a)The delivery terms are to be quoted in terms of latest INCOTERMS 2020. In case of imported stores
the normal delivery terms shall be Ex-Works/FOB/FCA (name of place). Other terms can also be
accepted based on need and suitability. In case of indigenous stores, the quotation should be on FOR-
Destination / Door delivery basis.

b)Delivery period shall be specified. In case the tender calls for installation then the bidders shall
mention the schedule for supply and installation separately.

c)The date of delivery of the stores stipulated in the Purchase Order/Contract shall be deemed to be
the essence of the Contract and delivery must be completed on or before the specified dates.

d)Part shipment is not allowed unless specifically agreed by Purchaser.

e)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/ damage sustained due to
the delay in fulfilling this responsibility.

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

g)If the contractor fails to deliver the ordered items and/or services within the specified date / period,
the Purchase Order / Contract does not per se hold good after expiry of such specified delivery
date/period. The Purchaser may refuse to take delivery of the goods / services after the specified
delivery date/period.

10. MODE OF DESPATCH:

Generally, stores should be despatched through Indian Flagged Vessel / Air India or through any other
Agency nominated by the Purchaser.

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11. PORT OF ENTRY:

For Air shipments: AHMEDABAD

For Sea Shipments: NHAVA SHEVA/Mumbai Seaport

12. ULTIMATE CONSIGNEE:

Head, Purchase & Stores,

Central Stores,
Space Applications Centre (SAC),
Ambawadi Vistar PO
Ahmedabad 380015, Gujrat

13. SHIPPING MARKS:

The mark on the shipping documents such as invoice, airway bill / bill of lading and on the packages
should be as follow:

PURCHASE ORDER /CONTRACT NO. ............................

DATED ..........................
GOVERNMENT OF INDIA
DEPARTMENT OF SPACE, SPACE APPLICATIONS CENTRE
Destination: ............................
Port of Entry: .........................

14. DELAY IN COMPLETION / LIQUIDATED DAMAGES

If the Contractor fails to execute the Purchase Order within the time specified in the contract/purchase
order or any extension thereof, the Purchaser shall recover from the Contractor as liquidated damages
a sum of 0.5% of the PO/Contract value of the undelivered stores for each calendar week of delay or
part thereof. The total liquidated damages shall not exceed 10% of the PO/Contract value. Stores will
be deemed to have been delivered only when all their components, 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.

15. FORCE MAJEURE

A Force Majeure (FM) means extraordinary events or circumstance beyond human control such as an
event described as an act of God (like a natural calamity) or events such as a war, strike, riots, crimes
(but not including negligence or wrong-doing, predictable/seasonal rain and any other events
specifically excluded in the clause). An FM clause in the contract frees both parties from contractual

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liability or obligation when prevented by such events from fulfilling their obligations under the contract.
An FM clause does not excuse a party's non-performance entirely, but only suspends it for the duration
of the FM. The firm has to give notice of FM as soon as it occurs and it cannot be claimed ex-post
facto. There may be a FM situation affecting the purchase organisation only. In such a situation, the
purchase organisation is to communicate with the supplier along similar lines as above for further
necessary action. If the performance in whole or in part or any obligation under this contract is
prevented or delayed by any reason of FM for a period exceeding 90 (Ninety) days, either party may at
its option terminate the contract without any financial repercussion on either side.

Notwithstanding the punitive provisions contained in the contract for delay or breach of contract, the
supplier would not be liable for imposition of any such sanction so long as the delay and/ or failure of
the supplier in fulfilling its obligations under the contract is the result of an event covered in the FM
clause.

16. PERFORMANCE SECURITY

a)On award of the Purchase Order/Contract the successful bidder shall submit Performance Security
along with the acknowledgement of Purchase Order/Contract, as per the format provided by the
Purchaser, for 10% of the Purchase Order/Contract value through Bank Guarantee or Fixed Deposit
Receipt for satisfactory execution of the Purchase Order/Contract. The Performance Security shall be
valid for 60 days beyond the completion of the contractual obligations. Central PSUs / PSEs /
Autonomous Bodies shall be exempted from submitting Performance Security. However, they shall be
required to submit an Indemnity Bond in lieu of Performance Security.

b)Non-submission of Performance Security will entail cancellation of Purchase Order/Contract and any
other action deemed fit by the Purchaser. The Performance Security will be returned to the Contractor,
without any interest, after completion of all Contractual/Purchase Order obligations, including warranty
period.

17. ISSUE OF MATERIALS

If provided for in the PO/Contract, Purchaser may issue raw materials / semi-finished products /
equipment / any other product to the contractor for the purpose of fabrication / repairs / calibration /
testing against Bank Guarantee equivalent to the value of the item being issued and valid till receipt of
the item by Purchaser.

18. GUARANTEE / WARRANTY

a)The guarantee / warranty period as mentioned in the tender shall be indicated along with the quote.
Guarantee/Warranty shall commence from the date of installation and acceptance of the complete
equipment supplied under the contract.

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b)The Contractor shall guarantee / warranty that the stores supplied shall comply fully with the
specifications laid down, for material, workmanship and performance.

c)If any defects are discovered therein or any defects therein are found to have developed under
proper use, arising from faulty design, material or workmanship, the Contractor shall remedy such
defects at their own cost provided the Contractor is called upon to do so by the Purchaser who shall
state in writing in what respect the stores or any part thereof are faulty.

d)If, in the opinion of the Purchaser, it becomes necessary to replace or rectify any defective stores,
such replacement or rectification shall be made by the Contractor free of all costs to the Purchaser.

e)Should the Contractor fail to rectify the defects, the Purchaser shall have the right to reject or repair
or replace at the cost of the Contractor the whole or any portion of the defective stores.

f)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 guarantee / warranty period or as to whether the nature of the
defects requires renewal or replacement, shall be final, conclusive and binding on the Contractor.

g)All the replacement stores shall have guarantee / warranty from the date of receipt & acceptance of
the stores at Purchaser's site

19. PACKING, FORWARDING & INSURANCE

a)The Contractor shall pack and crate all stores for road / rail / sea / air shipment suitable for tropical
humid climate in accordance with standard practices and in such a manner so as to protect it from
damage and deterioration in transit. The contractor shall be held responsible for all damages due to
improper packing.

b)The Contractor shall ensure that each box / unit of shipment is legibly and properly marked for
correct identification. A copy of the invoice and packing list should invariably be kept inside each of the
packages. The failure to comply with this requirement shall make the Contractor liable for additional
expenses involved.

c)The Contractor shall notify the Purchaser the shipment details by fax / email.

d) The Contractor shall give complete shipment information concerning the net & gross weight, size,
content of each package, etc. to the Purchaser.

e) Normally the Purchaser does not insure the goods. However, the necessity or otherwise of
insurance
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will be as indicated in the Purchase Order/Contract.

f) In tune with the requirement of international plant protection convention of the FAO, UN the following
has become mandatory with immediate effect.

1. All packing materials of any kind of plant origin used for packing shall require treatment including
hear-kiln treatment at 56 degree centigrade for a minimum of 30 hours of methylbromide fumigation at
48g/cum for 32 hours of chemical impregnation as per international standards.
2. If the consignments are sent without the aforesaid certificate, all demurrages and other charges for
treatment etc. will be to the account of the suppliers.
3. This aspect also should be taken care of while submitting the offers.
4. If the packaging material being used for your product does not come under the category ''material of
plant origin'' (i.e. Leaves, grass, wood etc.) Please certify the same in your quote and ignore the above
instructions. However, the same should be ascertained at the time of actual shipment if the order is
awarded to you.

20. DESPATCH

a)The Contractor is responsible for obtaining a clear receipt from the freight forwarder / airlines /
transport authorities specifying the despatch of goods. The consignment should be despatched with
Airway Bill / Bill of Lading / Railway / Lorry Receipt. Purchaser will take no responsibility for short
deliveries or wrong supply of goods. Purchaser shall pay for only such stores as are actually received
by them in accordance with the Contract.

b)Wherever required, test certificates, warranty/guarantee certificate should be sent along with the
despatch documents.

c)The Invoice shall contain Purchase Order / Contract No., Invoice No., Invoice Date, Country of
Origin.

d)The description, part nos., extended warranty charges, discount, optional accessories, as the case
may be, should be clearly mentioned in the invoice and packing list and should be in line with the
purchase order. In addition to the ordered items, if any item(s) is supplied the same should also be
stated in the invoice & packing list with appropriate remarks and its value shall be declared mentioning
''for customs purpose only''.

e)The Invoice/Packing list should also provide Item wise net weight (in K.G.) as well as gross weight (in
K.G.) of each package.

f)A copy of the Invoice/Packing List to be forwarded to the Purchaser, 5 days in advance before
shipment, particularly when the shipment is through Supplier's freight forwarder/courier.

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g)Any charges/penalty/demurrage due to non-compliance to the above instructions shall be recovered
from the payment due to the Supplier.

21. DEMURRAGE

The Contractor shall bear demurrage/penalty charges, if any, incurred by the Purchaser due to delayed
presentation of dispatch documents to the Bank / Purchaser or on account of incomplete documents
like invoice, packing list, etc.

22. ACCEPTANCE OF STORES

a) The Purchaser's representatives shall also be entitled at all reasonable times during manufacture to
inspect, examine and test on the Contractor's premises the material and workmanship of all stores to
be supplied under the Contract and if part of the said stores is being manufactured on other premises,
the Contractor shall obtain for the Purchaser's representative permission to inspect, examine and test
as if the equipment were being manufactured on the Contractor's premises. Such inspection,
examination and testing shall not release the Contractor from the obligations under this Contract.

b) For tests on the premises of the Contractor or of any of his sub- Contractors, the Contractor shall
provide free of cost assistance, labour, material, electricity, fuel and instruments as may be required or
as may be reasonably needed by the Purchaser's representative to carry out the tests efficiently.

c) When the stores have passed the specified test, the Purchaser's representative shall furnish a
certificate to the effect in writing to the Contractor. The Contractor shall provide copies of the test/s
certificates to the Purchaser as may be required.

23. TRAINING:

The Contractor shall, if required by the Purchaser, provide facilities for the practical training of
Purchaser's engineering / technical personnel and for their active association on the manufacturing
processes throughout the manufacturing period of the Contract / stores. Number of such personnel to
be mutually agreed upon.

24. CONTRACTOR'S DEFAULT LIABILITY

a)The Purchaser may upon written notice of default to the Contractor terminate the Contract in whole
or in part in circumstances detailed hereunder:

1. If in the judgment of the Purchaser the Contactor fails to make delivery of stores within the time
specified in the Purchase Order or within the period for which extension has been granted by the
Purchaser to the Contractor.

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2. If in the judgment of the Purchaser the Contractor fails to comply with any of the other provisions of
the Purchase Order.

b) In the event the Purchaser terminates the Contract in whole or in part as provided in clause 24 (a),
the Purchaser reserves the right to purchase upon such terms and in such a manner as Purchaser
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 14 until such reasonable time as may be required for the final supply of stores.

c) If the contract is terminated as provided in clause 24 (a), the Purchaser in addition to any other
rights provided in the Contract, may require the Contractor to transfer title and deliver to the Purchaser
under any of the following clauses in the manner as directed by the Purchaser:
1. Any completed stores
2. Such partially completed stores, drawing, information and contact right (hereinafter called
manufacturing materials) 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 and for manufacturing material delivered and accepted by the Purchaser.

d) In the event the Purchaser does not terminate the Contract as provided in clause 24 (a), the
Contractor shall continue the performance of the Contract in which case the Contractor shall be liable
to the Purchaser for liquidated damages for delay as set out in clause 14 until the stores are accepted.

25. REPLACEMENT

If the stores of 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.

26. REJECTION

Rejected stores will remain at destination at the Contractor's risk and responsibility. If instructions for
their disposal are not received from the Contractor within a period specified by the Purchaser, the
Purchaser or their representative has, at their discretion, the right to scrap or sell or consign the
rejected stores to Contractor's address at the Contractor's entire risk and expense, freight being
payable by the Contractor at actuals.

27. ARBITRATION

If any dispute or difference or claims of any kind arises in connection with Contract, such dispute or

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difference or claim shall be referred by either party to the Arbitration. The Indian Arbitration and
Conciliation Act, 1996 and any statutory modifications or re-enactment thereof, rules made there under
and for the time being in force shall be applicable to the Arbitration. The arbitral tribunal shall consist of
three arbitrators. Each party to the dispute shall appoint one arbitrator and the two arbitrators so
appointed by the parties shall appoint the third arbitrator who shall act as the 'Presiding Arbitrator'.

Any party shall, after appointing an arbitrator within thirty days of arising of any dispute, request the
other party in writing to appoint the second arbitrator. If such other party fails to appoint an arbitrator
within thirty days of receipt of the written request to do so, such arbitrator shall at the request of the first
party, be appointed in accordance with Arbitration and Conciliation Act, 1996. If the two arbitrators
appointed by or on behalf the parties fail to agree on the appointment of the third arbitrator within thirty
days of the appointment of second arbitrator and if the parties do not otherwise agree, at the request of
either party, the third arbitrator shall be appointed in accordance with Arbitration and Conciliation Act,
1996. If any of the arbitrators fails or is unable to act, his successor shall be appointed by the party or
person who originally appointed such arbitrator in the manner set out in this clause as if he was the first
appointment.

The decision of the arbitral tribunal shall be pronounced within four months unless otherwise extended
by the parties, and in case of difference among the arbitrators, the decision of the majority shall be final
and binding on the parties. The right to arbitrate disputes under this Contract shall also survive even
after expiry or the termination of this Contract. The venue of arbitration proceedings pursuant to this
clause shall be India at Ahmedabad and shall be conducted in the English language. 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 their obligations under this Contract without prejudice to a final
adjustment in accordance with such award. Regarding fee and any other expenses incurred in
connection with the arbitral proceedings and the arbitral award, the arbitral Tribunal shall have the
discretion to determine (a) whether costs are payable by one party to another; (b) the amount of such
costs; and (c) when such costs are to be paid.

28. APPLICABLE LAW

The Purchase Order / Contract shall be governed by Indian Law and jurisdiction shall lie in the Courts
of Ahmedabad, Gujarat, India.

29. COUNTER TERMS & CONDITIONS

Counter terms and conditions offered by the bidders shall not be deemed to have been accepted by
the Purchaser unless specific written acceptance thereof is obtained from the Purchaser.

30. SECURITY INTEREST

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On each item to be delivered under the Contract, including an item of work in progress in respect of
which payments 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 item is finally accepted and delivered to the Purchaser in accordance with the
terms of the 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 entity.

31. RECOVERY OF SUM DUE

Whenever any claim for the payment of, whether liquidated or not, money arising out of or under the
Contract against the Contractor, the Purchaser shall be entitled to recover such sum by appropriating
in part or whole, the security deposited by the Contractor, if a security is taken against the Contract. In
the event of the security being insufficient or if no security has been taken from the Contractor, then the
balance or the total sum recoverable as the case may be, shall be deducted from any sum then due or
which at any time thereafter may become due to the Contractor under this or any other Contract with
the Purchaser. Should this sum be not sufficient to cover the full amount recoverable, the Contractor
shall pay to the Purchaser on demand the remaining balance due. Similarly, if the Purchaser has or
makes any claim, whether liquidated or not, against the Contractor under any other Contract with the
Purchaser, the payment of all moneys payable under the Contract to the Contractor including the
security deposit shall be withheld till such claims of the Purchaser are finally adjudicated upon and paid
by the Contractor.

32. LANGUAGE AND MEASURES

All documents pertaining to the Purchase Order including specifications, schedule, notice,
correspondence, operating and maintenance instructions, drawings or other writings shall be written in
English language. The metric system of measurement shall be used in the contract.

33. 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 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 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 sufficiency of all means used by him for the fulfillment of the contact.

34. RISK PURCHASE

Where timely delivery of goods/services is of prime importance and where the vendor fails to fulfil their
contractual obligations, the Purchaser shall have an option to complete the contract/procurement at the

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risk and expense of the contractor. Wherever the risk purchase clause in invoked by the Purchaser, the
contractor will be liable to pay the additional amount, if any, incurred by the Purchaser as against the
value of the Purchase Order/Contract. Prior to resorting to risk purchase the Purchaser shall consider
impact of the default by the contractor, opportunities given to the contractor as available in the
PO/Contract, proper notice to the contractor to invoke risk purchase clause and method of recovering
the additional amount spent by the Purchaser.

35. TERMINATION

Under the normal circumstances, Termination/Short Closing of the Contract is not foreseen. However,
SAC reserves the right to terminate the Contract in whole or in part by giving 30 days prior notice under
the following circumstances:

1. For repeated non-performance in the execution of Contract.

2. If the contractor / Service Provider is found to have made any false or fraudulent declaration of
statement to obtain the Contract or found to be indulging in unethical or unfair trade practices.
3. When both the Parties mutually agree for termination.
4. If the Contractor fails to perform any other obligations under the Contract.
5. If the Contractor becomes bankrupt or otherwise insolvent.
6. Owing to deficiency of service, breach of Contract.
7. For inefficiency, indiscipline, irregularity, insincerity, indifference in work, disobedience, doubtful
credentials/ integrity, etc., at any point of time during the Contract period.
8. Any special circumstances, which must be recorded to justify the Cancellation of the Contract.

36. IMPORTANT NOTE

If any of the terms & conditions mentioned in this document is contrary to the RFP / Technical
documents, then the terms mentioned in RFP / Technical documents shall prevail.

IT WILL BE DEEMED THAT BIDDERS HAVE NOTED AND ACCEPTED THE TERMS &
CONDITIONS OF THE TENDER.

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C. Bid Templates

C.1 Technical Bid - Spin Coater System

1. PHOTO RESIST SPINNER (Type-I)

Item specifications for PHOTO RESIST SPINNER

Offered
Sl No Specification Value Compliance Specification Remark
Specifications for As per SAC
1 Spin Coater System specification -
(Type-1) Annexure-I
Document : Specification for Spin Coater System (Type-1)

2. PHOTO RESIST SPINNER (Type-II)

Item specifications for PHOTO RESIST SPINNER

Offered
Sl No Specification Value Compliance Specification Remark
Specifications for As per SAC
1 Spin Coater System specification -
(Type-1) Annexure-II
Document : Specification for Spin Coater System (Type-2)

Supporting Documents required from Vendor

1. Point to point compliance to SAC specification Annexure-I & Annexure-II

2. Technical leaflets / broacher - As per Sr. No. 7, Part-B of Annexure-I & Annexure-II

3. Authorisation Certificate - As per Sr. No. 2, Part-B of Annexure-I & Annexure-II

5 additional documents can be uploaded by the vendor

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C.2 Commercial Terms / Bid

Sl. No. Description Compliance Vendor Terms

1 Delivery Terms Yes / No / Explain

2 Delivery Period Yes / No / Explain

Packing Charges
3 Yes / No / Explain
(inclusive/exclusive)

4 Payment Terms with Bank Charges Yes / No / Explain

Name and address of the Indian

Agent, with e-mail ID and
5 Yes / No / Explain
percentage of agency commission
(if any)

6 Validity of the offer Yes / No / Explain

7 Liquidated Damages Yes / No / Explain

Warranty Period (To and fro charges

in case of warranty
8 Yes / No / Explain
replacement/repair will be to
Suppliers Account)

9 Performance Security @3% Yes / No / Explain

10 Taxes and other costs, if any Yes / No / Explain

Country of Origin (Submit Land

11 Yes / No / Explain
Border Sharing Declaration)

Percentage of Local Content as per Yes / No / Explain

12 MII Order

13 Any other terms and conditions -

Government E Market Seller id (If

14 -
applicable for Indian Vendors)

SAC GSTIN Number :-

15 -
2417IND00002ON2

16 Notes: -

C.3 Price Bid

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Sl. No. Item Quantity Unit Price Currency Total Price Remark

PHOTO
RESIST
1 1.00 Nos. -
SPINNER
(Type-I)
PHOTO
RESIST
2 1.00 Nos. -
SPINNER
(Type-II)

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