gpetro scope tender

8/11/2019 GPETRO Scope Tender

1/202

Click on the Document Title to go to that section of the document

Table of ContentsDocument Number Rev. Document Title Page

Number

A043-000-YD-MR-2642-1170-RFQ

0 ENQUIRY DOCUMENT 2

A043-ATC_IMP 2 AGREED TERMS & CONDITION (IMPORTS) 21

A043-ATC_IND 3 AGREED TERMS & CONDITION (INDIGENOUS) 24

A043-PMS_IMP 0 PACKING MARKING SHIPPING INSTRUCTIONS - IMP 27

A043-PMS_IND 0 PACKING MARKING SHIPPING INSTRUCTIONS - IND 38

A043-AUTH_LETTER

1 AUTHORITY LETTER 45

A043-ITB 2 INSTRUCTIONS TO BIDDERS 46

A043-DEVIATION_FORM

1 DEVIATION FORM 55

A043-MANDATE_FORM

1 MANDATE FORM 56

A043-GPC_IMP 0 GPC (IMPORTS) - CLIENT 57

A043-GPC_IND 2 GPC (INDIGENOUS) 72

A043-000-YD-MR-

2642

A Gas Detection Systems 83

A043-000-16-51-VDR-2642

A VENDOR DATA REQUIREMENT 87

A043-000-16-51-SI-2642

A SPECIAL INSTRUCTION TO VENDOR 89

A043-000-YD-TQS-2642

A TECHNICAL QUESTIONAIRE 94

A043-000-16-51-ID-2642

A DATA SHEET 95

A043-000-16-51-CF-2642

A COMPLIANCE FORMAT 101

A043-000-16-51-OD-2642

A ANY OTHER DOCUMENT 102

A043-000-YD-PTR-2642

A PROVEN TRACK RECORD 103

A043-000-16-51-MD-2642

A MISCELLANEOUS 105

A043-000-YD-RC-2642 A RESPONSIBILITY CHART 106

A043-000-YD-LSF-2642

A LOGISTIC SUPPORT FORMAT 109

6-52-0040 1 Standard specification for programmable logic controllers. 111

6-52-0080 3 Standard specification for gas detection system. 145

6 78 0001 0 Specification for Quality Mgt System Requirements from Bidders 169


2/202

Regd. Office: Engineers India Bhawan, 1-Bhikaiji Cama Place, New Delhi-110066, India

Pho ne No . : 00 91 11 26762121 ; Fax No. : 00 91 11 26191714, 26167664

REQUEST FOR QUOTATION(RFQ)

RFQ No. RC/A043-000-YD-MR-2642/1170 Date: 21-October-2013

To :Client Gujarat State Petroleum Corporation Ltd.

Project Onshore Gas Terminal Projectat Mallavaram,Andhra Pradesh for Deen Dayal FieldDevelopment Project

RFQ No. RC/A043-000-YD-MR-2642/1170

Item Gas Detection Systems

Due Date 08-Nov-2013 (UPTO 1200 HRS. IST)

UNPRICED BID OPENING At 1400 Hrs. (IST) on 08-Nov-2013 (at Business Centre, EIBhawan, Bhikaiji Cama Place, R.K. Puram, New Delhi-110066)

PRICED BID OPENING Date, Time & Venue shall be intimated later.

Gentlemen,

1. You are invited to submit Bids for the captioned item in complete accordance withdocuments attached herewith. Technical specifications/ Requirements are specified inMaterial Requisition attached.

2. Bidder can download the RFQ Documents from EILs websitehttp://tenders.eil.co.in/ or https://www.tenderwizard.com/eil.

3. Bidders are requested to submit their bids only through e-tendering portal(https://www.tenderwizard.com/eil)in accordance with the instructions and terms &conditions enclosed with this RFQ Covering letter.

Bids should be submitted separately in two parts as follows:

Part-I : The techno-commercial Part consisting of following:

i) Duly Signed & Stamped Copy of Prefilled Agreed terms & Conditions (ATC).ii) Bank Certified Mandate Form.iii) Unpriced copy of Price Schedule Format (WITH PRICES BLANKED) (only as per
http://tenders.eil.co.in/http://tenders.eil.co.in/


3/202

b) A Ready Reckoner for e-tendering is available on e-tendering website(www.tenderwizard.com/eil) under the Link Vendor Help. Bidders to downloadthe same and follow the instructions given in the same for uploading their e-bids ine-tendering website.

4. Bids complete in all respects should be successfully submitted online on or before thebid due date and time specified above. Offers received throughFax/Telex/Telegraphic/E-Mail/ hard form (other than the documents specificallyrequired in hard form) shall not be considered.

5. The commercial requirements are specified in the attached Agreed Terms & Conditions(ATC), which should be duly filled in, signed and stamped and should be returnedalong with each copy of your Unpriced bid.

6. Offer should be submitted without any deviation to the RFQ document. In case of anydeviations to RFQ, same shall be submitted clause wise in a separate attachment (asper Format enclosed).

7. EIL will open the bids at their office online, at the specified date and time given in theRFQ or extended otherwise. Accordingly, the price bids shall also be opened online onthe date & time which will be informed to all the techno-commercially qualified/acceptable bidders in advance.

The bidders who have submitted their bid will be able to view online the name & statusof all the bidders at their respective windows, after unpriced bid opening by EIL.Similarly, the techno-commercially acceptable bidders will be able to view online theprice sheets of other techno-commercially acceptable bidders at their respectivewindows, after priced bid opening by EIL. However, the bidders who choose to attendthe opening in EIL should carry the Letter of Authority as per proforma enclosed dulyauthorised by a competent person. The bidders representatives, who are present,shall sign an attendance record evidencing their attendance. Bidders, whose bids are

not to be opened for any reason including late bids, will not be allowed to attend bidopening.

8. Purchaser intends to contract directly with suppliers of the goods for which bids areinvited, the bids should be prepared by the suppliers and submitted directly. Purchaserreserves the right to reject offers made by intermediaries.

9. Please confirm by fax, within 3 daysas per Proforma of Reply/ AcknowledgementLetter enclosed, the receipt of this RFQ and whether or not you will submit the bid. Ifnot bidding, please return enquiry documents along with regret letter within the duedate with reason(s) of not participating in the RFQ.

10. Purchaser reserves the right to allow purchase preference to Central Public SectorUndertakings/enterprises, as admissible under prevailing policy of Government ofIndia.

11 The bidder shall bear all costs associated with the preparation and submission of its
http://www.tenderwizard.com/eilhttp://www.tenderwizard.com/eilhttp://www.tenderwizard.com/eil


4/202

16. FOR INDIAN BIDDERS:

16.1 Delivery Schedule :

Within 03 Monthson FOT Despatch Point basis from date of Purchase Order (PO).The date of LR/GR shall be considered as the date of delivery.

16.2 Payment Terms:

Supply :

- 5% against approval of drawings at least in Code-2 and manufacturingschedule.

- 80% pro-rata (85% in cases where drawing approval is not required) against

direct delivery of despatch documents to EIL.- 5% on receipt of Final/As built Drawings/Documents/Data/Manual in requisite

number of copies/sets/CDs as per VDR specified in Purchase Requisition.

- 10% on receipt and acceptance of materials at Site against submission ofPerformance Bank Guarantee for 10% order value valid for the guaranteeperiod plus 90 days claim period and on submission of E1/E2 Form (whereverapplicable).

Supervision of Erect ion, Test ing & Comm issionin g

100% against monthly bills to be submitted by Supplier duly certified byEngineer-in-Charge.

16.3 INSPECTION:

Inspection shall be carried out by a third party inspection agency out ofCEIL/TUV/BV/DNV/LRIS and the charges for the same shall be included in the

quoted prices.

17. FOR FOREIGN BIDDERS

17.1 Delivery Schedule : Within 02 Monthson FOB International Port Exit basis fromdate of Purchase Order (PO). The date of clean Bill of lading should be consideredas the date of delivery.

17.2 Payment Terms:Supply:

- 5% against approval of Drawings at least in Code-2 and manufacturingschedule through Wire Transfer.

- 90% (95% in cases where drawing approval is not required) against shippingdocuments through Bank through irrevocable Letter of Credit.

- Balance 5% against submission of required technical documentation as perO ( O) / ( )


5/202

17.4 Special Instructions

The bidder must ascertain and confirm along with supporting documents in thebid, if any Customs Duty exemption / waiver is applicable to the products being

supplied by him under any multi-lateral / bi-lateral trade agreement between Indiaand bidder's country.

The bidder shall be liable to provide all documentation to ensure availment of theexemption / waiver. In case' the bidder defaults on this due to any reason,whatsoever, he shall be liable to bear the incremental Customs Duty applicable, ifany.

Any Customs Duty applicability on account of any change in the bi-lateral / multi-lateral agreement shall be to bidder's account.

Documentation to be furnished for availing the exemption / waiver of CustomsDuty shall be specifically listed in the Letter of Credit also as the pre-requisite forrelease of payment against shipping documents and this documentation shallnecessarily form a part of shipping documents

18. Foreign bidders should submit bids directly without the intermediary of an IndianAgent.

19. EIL reserves the right to use in-house information for assessment of Bidderscapability for consideration of bid.

20. FRAUDULENT PRACTICES

The Owner requires that Bidders/ Vendors/ Contractors observe the highest standardof ethics during the award/ execution of Contract. "Fraudulent Practice" means amisrepresentation of facts in order to influence the award of a Contract to the detrimentof the Owner, and includes collusive practice among bidders (prior to or after bidsubmission) designed to establish bid prices at artificial non-competitive levels and todeprive the owner of the benefits of free and open competition.

a) The owner will reject a proposal for award if it determines that the bidderrecommended for award has engaged in fraudulent practices in competing for theContract in question.Bidder is required to furnish the complete and correct information/ documents

required for evaluation of their bids. If the information/ documents forming basis ofevaluation is found to be false/ forged, the same shall be considered adequateground for rejection of bids and forfeiture of Earnest Money Deposit.

b) In case, the information/ document furnished by the Bidder/ Vendor/ Contractorforming basis of evaluation of his bid is found to be false/ forged after the award ofthe contract, Owner shall have full right to terminate the contract and get the


6/202

22. Preference to MSEs

In case the bidder is a Micro or Small Enterprise under the Micro, Small & Medium

Enterprises Development Act, 2006, the bidder shall submit the following:

a) Documentary evidence that the bidder is a Micro or Small Enterprises.

b) If the MSEs is owned by SC/ST Entrepreneurs, the bidder shall furnishappropriate documentary evidence in this regard.

The above documents submitted by the bidder shall be duly certified by thestatutory Auditor of the bidder or a practicing Chartered Accountant (not beingan employee or a Director or not having any interest in the bidders company/firm) where audited accounts are not mandatory as per law.

Original certified copy of the same (Physical copy) shall be submitted within finalBid Due date and time.

Scanned copy of the same shall be uploaded in e-Tendering Portal by the bidder withinfinal Bid Due Date.

If the bidder does not provide the above confirmation or appropriate document or any

evidence, then it will be presumed that they do not qualify for any preferenceadmissible in the Public Procurement Policy (PPP), 2012.

Owner reserves the right to allow Micro & Small Enterprises as well as MSEs owned bySC/ST Entrepreneurs, Price preference as admissible under the prevailingProcurement policy for MSEs.

In case of MSEs quote against the RFQ, the quantities against the items will be split to

enable the splitting of item in terms of 20% and 80% between the MSEs and non-MSEs respectively. In that case, the quoted prices against various items shall remainvalid in case of splitting of quantities of the items as above.

23. Net Worth of the Bidder shall be positive as per the immediate preceding yearsAudited financial results. Bidders are therefore requested to furnish theAudited Financial Statement including Profit & Loss Account.

In case, the bidder Net Worth is negative, their bid shall not be evaluated

further. However this criteria will not be applicable for Indian Central PublicSector Undertaking/Enterprises.

24. Submission of authentic documents is the prime responsibility of the bidder.Wherever EIL has concern or apprehension regarding the authenticity/correctness ofany document, EIL reserves a right of getting the document cross verified from thedocument issuing authority


7/202

27. Bidders are requested to quote the item only as per their capabilities and workregistered with EIL.

* Please specify RFQ No. and Item description in all correspondenceTHIS IS NOT AN ORDER

Very truly yours,

(Rekha Choudhary)Asstt. General Manager (C&P)

E-mail:[email protected] : 91-11-26763457/ 3059

Enclosures :

AS PER LIST OF ENCLOSURES
mailto:[email protected]:[email protected]


8/202


9/202

COVER SHEET

PROJECT: ONSHORE GAS TERMINAL AT MALLAVARAM,ANDHRA PRADESH FOR DEEN DAYAL FIELDDEVELOPMENT PROJECT

CLIENT: GUJARAT STATE PETROLEUM CORPORATIONLIMITED

RFQ No.: RC/A043-000-YD-MR-2642/1170

ITEM: GAS DETECTION SYSTEMS

BID DUE DATE: 08-November-2013 (UPTO 1200 HRS. IST)

BID TYPE: PART-I & II


10/202

REPLY/ACKNOWLEDGEMENT LETTERFAX # : 00-91-11-26191714, 26167664

E-MAIL # : [email protected]/ [email protected]

(PLEASE FAX/E-MA IL TO EIL WITHIN SEVEN DAYS ON RECEIPT OF RFQ)

As stt. General Manager (C&P)

Engineers India LimitedEIA-2ndFloor,1-Bhikaiji Cama Place,New Delhi110066INDIA

Attn. : Ms. Rekha Choudhary

Client : Gujarat State Petroleum Corporation Ltd.

Project : On-Shore Gas Terminal Project

RFQ No. : RC/A043-000-YD-MR-2642/1170

Item : Gas Detection Systems

Due Date : 08-November-2013 (Upto 1200 Hrs. IST)

Dear Sirs,

We acknowledge with thanks receipt of your above cited RFQ alongwith enclosures. Weundertake that the contents of the above RFQ shall be kept confidential and further thatthe drawings, specifications and documents shall not be transferred and the saiddocuments are to be used only for the purpose, for which they are intended.

Further, our response is as under:- (Bidders to put a tick ,as applicable).

1. We will submit the bid within due date.

2. We regret to submit our offer/quote because of the following reasons:a. _____________________________________________________

b. _____________________________________________________

Thanking you


11/202

SPECIAL INSTRUCTIONS TO BIDDERS (SIB)

RFQ No. : RC/A043-000-YD-MR-2642/1170

ITEM : GAS DETECTION SYSTEMS

BID SUBMISSION:

The bids are invited on Two Part basis.

The bidders are requested to submit the prices in the price schedule uploaded in e-tender portal..

The bidders are required to submit their bid complete in first instance only & without anyTechnical or Commercial deviations..

However, in case of unavoidable circumstances, deviations should be furnished in aseparate sheet as per format enclosed with RFQ. Bids with the commercial / technicaldeviation shall be liable for rejection/ loading inline with RFQ terms & conditions.

In case any corrections are required in a bid under preparation, the original writings shallbe neatly cut/penned through and re-written nearby. No overwriting or erasure of originalwritings by use of white fluid or otherwise is permitted. In case any erasure using whitecorrecting fluid is found, the tender shall be liable to be rejected.

In case of discrepancy in unit prices and total prices the unit price shall beconsidered for evaluation and order.

The Bidder shall note that Price Implication/ change is not allowed on account ofTechnical / Commercial clarifications after the due date & time for bid submission. In

case any bidder gives revised prices / price implications against such clarifications, theirbid shall be liable for rejection.

Price for 08 (Eight) mandays shall be considered for evaluation of Supervision of E/T/C. (Also refCl. no B16 of SPECIAL INSTRUCTION TO VENDORSat page no 4 of 5)

Bidders Name, Signature & Date: ..

Seal/Stamp:.. .


12/202

INSTRUCTIONS TO BIDDERS FOR E-TENDERING

Bidders who wish to participate for RFQs/ Tenders which are uploaded on EILsAuthorised service providers website (i.e. www.tenderwizard.com/eil) should follow the

following instructions which shall permit them to Search, View, Download and Submit their

Electronic Bids online in a secure manner ensuring confidentiality. These Instructions for

E-Tendering shall be read in conjunction with various instructions, wherever appearing with

the RFQ/ Bidding Document. The conditions & instructions mentioned here in under shall

supersede and shall prevail over the conditions & instructions enumerated elsewhere in the

RFQ/ Bidding Document.

PARTICIPATION IN E-TENDERING, REQUEST FOR USER ID and PASSWORD:

To participate in E-Tendering, it is Mandatory to the Bidders have a user id and password on

e-tendering portal. Bidders are required to be registered on E-Tendering website to obtain

user id & password (password will be system generated). However for the tenders issued on

limited basis, bidders are already registered by EIL and after their registered, user id &

password were communicated to bidders at their e-mail id available in EIL. The bidders whoare already registered may contact to concern person of EIL to get their user id and

password.

For tender issued on NIT/ Press advertisement basis, bidders are required to registered

themselves by using the link of registration provide on the home page of e-tendering

website. The bidders are required to fill the online registration form with all required details.

The bidder should indicate correct information including their e-mail since all system

generated correspondences will be send on these e-mail ids. Digital signature of class 3bindividual or class 3 organization is a mandatory requirement for e-tendering, right from log-

in into the system. Hence, during registration, bidders shall fill the details of their digital

Signature (serial No.) to save time and avoid mapping of Digital Signature details to the

bidders user ID at the bid uploading stage. Otherwise, bidders are required to furnish their

DC details to EIL for mapping the same to their user id by Service provider. Once, the online

registration form is submitted with all required field and documents like pan card, registration

or any other document of company, the system will generate the user id and password for

the bidder.

However, to use this user id, the bidders are required to get their user id enabled (activate)

through concerned engineer for the tender in EIL. Accordingly, after registration, bidder shall

send a request to EIL to activate their user id by providing user id and bid reference number.
http://www.tenderwizard.com/eilhttp://www.tenderwizard.com/eilhttp://www.tenderwizard.com/eil


13/202

(Service Provider) and needs time. In the event of failure in bidders connectivity with

EIL/Service Provider during the last few hours, bidder is likely to miss the deadline for bid

submission. Due date extension request due to above reason may not be entertained.

EIL/EILs ASP will not be responsible for any delay/ non-availability of USER ID or Passwordor any last minute request for enabling /resetting the same by the Bidders.

TRAINING & FAMILIARIZATION WITH E-TENDERING SYSTEM

The bidder should familiarize themselves with the e-tendering system and understood all

formalities related to e-tendering including log-in, system settings, downloading & uploading

procedures. The contact details of the concerned representatives from ASP and other

helpdesk no..

VIEW AND DOWNLOAD E-TENDER

Bidders must go to E-Tendering website www.tenderwizard.com/eil and log-in using their

user-id, password and digital signature.

However, the open tenders can be viewed/ downloaded from the link tender free view

provided on the home page the website, without being log-in into the system.

DIGITAL SIGNATURE

Bidders cannot submit e-bids without having valid Digital Signature. The Digital Signature

shall be issued by C.A. (Certifying Authority) in India, in the name of a person authorized

for E- Tendering on behalf of his Company.

FOREIGN BIDDERS SHALL ALSO HAVE TO OBTAIN DIGITAL SIGNATURE FROM

CERTIFYING AUTHORITIES IN INDIA AS APPROVED BY CCA. DIGITAL SIGNATURE

OBTAINED FROM FOREIGN COUNTRIES ARE NOT ACCEPTABLE.

Note: In terms of Indian I.T Act 2000, only a digitally signed document will be considered

as a valid signed document.

BID DOCUMENT FEE/ EARNEST MONEY DEPOSIT, IF APPLICABLE :

Bidders are required to submit the Bid Document Fee & EMD (in the prescribed format) in

original as per the manner prescribed in the RFQ/ Bidding Document at the time of bid

submission in sealed envelope However bidders are required to upload the scanned copy
http://www.tenderwizard.com/eilhttp://www.tenderwizard.com/eilhttp://www.tenderwizard.com/eilhttp://www.tenderwizard.com/eil


14/202

SUBMISSION OF BID :

Bidders are required to upload the bid along with all supporting documents & Priced part onthe E-Tendering website (www.tenderwizard.com/eil)only. However, documents required tobe submitted physically, viz., Bid Document Fee, EMD, etc., need to be submitted in asealed envelope as per the provisions of RFQ/ Bidding Document.

Bidders shall ensure that all the required documents are uploaded in time and failure to

upload the same before bid submission date & time is the sole responsibility of bidder. Under

no circumstances, EIL shall entertain any request for acceptance of bid documents in

physical form or any other form, which are required to be uploaded on E- TenderingWebsite.

Also bidders are suggested to check the uploaded documents to verify the uploaded

documents are opening correctly or not by clicking on the download link.

The bidders needs to submit prices on-line strictly as per the Price Schedule format

provided in our E-Tender.

Bidders can submit their Bids on-line only after digitally signing the bid/documents with the

Digital Signatures used for log-in.

The Authenticity of above digital signatures may be verified through authorized CA after bid

opening and in case the digital signature is not authorized/valid, the bid will be rejected.

Bidder shall be responsible for ensuring the validity of digital signatures and proper usage

of the same by responsible persons.

No Late Bids after due date & time shall be permitted in E-Tendering website. The

system time (IST) being displayed on the E-Tendering website shall be final and binding on

bidder and bids have to be submitted by bidders considering this time only and not the time

as per their location / country. Bidder who intends to change the bid already submitted may

change/revise the same on or before the closing date & time of bid submission.

No Manual Bids shal l be permitted. The offers submitted through E-tendering website

shall only be considered for evaluation.

Note:

i) Bidders are advised in their own interest to ensure that bids are uploaded in E- tendering

website well before the closing date and time of bid submission


15/202

responsibility in case of failure of the bidder to upload the documents within specified

time of Bid submission. Bidder can upload any number of documents each below 5

MB in size.

vi) Wherever, the bidders are asked to upload the required document in Mandatory folders,

the bidders must upload the required document only in the Mandatory folders and other

documents can be attached in general documents section.

OPENING OF BIDS:

The unpriced bids shall be opened online, at the specified date and time given in the RFQdocument or extended otherwise. The price bids shall also be opened online on the date &

time which will be informed to all the techno-commercially qualified/ acceptable bidders in

advance.

The bidders who have submitted their bid will be able to view online the name & status of all

the bidders at their respective windows, after unpriced bid opening by buyer. Similarly, the

techno-commercially acceptable bidders will be able to view online the price sheets of other

techno-commercially acceptable bidders (who qualify for the price bid only) at their respective

windows, after priced bid opening by buyer.Wherever the composite bids are invited, the composite bids shall be opened accordingly.

LAST DATE FOR SUBMISSION / RECEIPT OF BIDS:

System does not allow for submission of bids beyond the deadline for bid submission. The

system time displayed on EILs ASP E-Tendering website shall be final and binding on the

bidders for all purposes pertaining to various events of the subject RFQ/ Bidding Documentand no other time shall be taken into cognizance.

GENERAL

The bidders may quote from their own offices/ place of their choice. Internet connectivityshall be ensured by bidders on its own.

Bidders agree to non-disclosure of trade information regarding the purchase, identity of EIL,bid process, bid technology, bid documentation and bid details.

EIL shall not have any liability to bidders for any interruption or delay in access to the siteirrespective of the cause.

EIL shall not be responsible for any indirect / consequential losses / damages, including butnot limited to systems problems inability to use the system loss of electronic information


16/202

The bidder shall bear all costs and expenses in relation to its access and use of E-TenderingSystem, including but not limited to the costs and expenses incurred in ensuring its

continued access and use of E-Tendering System.EIL shall not be responsible or held liable under these Terms and Conditions for any loss ordamage that is caused to any party due to use or misuse of the E-Tendering System orbreach, by any party, of the Terms and Conditions mentioned herein.

All Clarification/ correspondences including enabling of user ids, password re-set request,mapping of DC details, etc, if any, will only be entertained from 0900 Hrs. (IST) to 1600 Hrs.(IST) only, during the office working hours.

NOTE: A Ready Reckoner for e-tendering is available on e-tendering website(www.tenderwizard.com/eil) under the Link Vendor Help. Bidders to click on the linkVendor Help- Detailed Help to downloading the same. Bidders to follow the instructionsgiven in the same for uploading their e-bids in e-tendering website.

Contact details of Authorized Service Provide (ASP)

ASP Name: M/s Antares Systems Limited, Bangalore

Address: # 24, 1st Floor, Sudha ComplexNear Havanoor Circle, 3rd Stage4th Block, Basaveshwara NagarBangalore - 560 079

Ph: 080-40482000Fax No: +91-80-40482114

New Delhi Help Desk:C-9, 1st Floor (Back Side)New Krishna Park, Najafgarh Road, VikaspuriNear Janakpuri West Metro StationNew Delhi-110018

Ph No: 011-49424365Fax No: +91-11-25618721

Contact Persons:1. . Mr. Santosh Srivastava

Contact no:08800591739


17/202

AMENDMENT NO. 1

TO

RFQ NO. RC/A043-000-YD-MR-2642/1170

FOR

ITEM:- GAS DETECTION SYSTEMS


18/202

AMENDMENT NO. 1

S.No. Document S.No./ ClauseNo.

Amendment/Modification/Revision

2.6 ITB 8.1EXEMPTION OFCUSTOMDUTY

In the 1st Para, 1st sentence the words from 2nd lineentry no. 216 and 217 of notification no. 21/2002-CUS. dated 01.03.2002 stands replaced with Sl. no.356,357,358 & 359 of notification no. 12/2012-CUS.

dated 17.03.2012.In case of contradiction regarding Exemption ofCustom Duty with any other clause/ document ofthe RFQ, the above shall prevail.

2.7 ITB 8.2EXEMPTION OFEXCISE DUTY

The Clause is replaced & read as:-The Benefit of exemption of Excise Duty in terms of

Sl. No. 336, Notification No. 12/2012-CE dated17.03.2012 and subsequent amendments, if any, is

available to Indigenous Suppliers. GSPCsresponsibility shall be limited to provide the ProjectAuthorization Certificate (PAC) to Seller on writtenrequest of Seller in time. In case GSPC fails to provideProject Authorization Certificate (PAC) to Supplier intime for the reasons attributable to GSPC and ExciseDuty (ED) is payable on the materials for the purpose

of permanent incorporation in the Work/Equipment,the same shall be reimbursed by GSPC/EIL. In thiscase, GSPCs/ EILs responsibility shall be limited toreimbursement of Excise Duty payable on suchmaterials, consigned to GSPC and required inpermanent Work/Equipment against the invoice to EIL.In case of contradiction regarding Exemption ofExcise with any other clause/ document of the

RFQ, the above shall prevail.2.8 ITB 11.3

I. INDIGENIOUSVENDORS

In end of para 1 the words wherever bidder opts forthe benefit is deleted.

Para 3 i.e In case, Indigenous Bidders not opting forexemption of Excise Duty available to them the


19/202

ENGINEERS INDIA LIMITED

TERMS & CONDITIONS FOR SUPERVISION OF ERECTION, TESTING &COMMISSIONING(FOR INDIGENOUS BIDDERS)

A. TERMS & CONDITIONS :

1.0 Bidder shall quote per diem charges which shall include, lodging, boarding, localtransport, all insurance including third party, income tax etc. & all other incidentalcharges except to and fro first class rail fare (or air fare limited to first class rail fare)

between the Indian works/office to site.2.0 Per diem rates shall apply from the day the supervisory personnel reach site and upto

the day they leave site.3.0 Working hours as those prevailing at site normally eight hours a day, Monday through

Saturday and holidays as applicable to site personnel shall apply.4.0 Bidders supervisory personnel to observe/abide by site working conditions prevailing in

the existing Project Site, safety codes & Indian laws.5.0 A notice period of one month will be given for supervision of erection.6.0 A tentative schedule for commissioning will be given one month in advance so that

Bidders personnel reach site within 7 days from intimation for erection, testing &commissioning assistance.

B. CHARGES FOR SUPERVISION OF ERECTION/TESTING/COMMISSIONING

S. No. Description Bidders Reply / information

1.0

2.0

3.0

4.0

5.0

Number of supervisory personnel required.

Per diem charges (per person) for 8 hours work onnormal working days.

Overtime rate/ hour beyond normal 8 hours work onnormal working days.

Overtime rate/ hour for work on weekly off days/

holidays (as applicable to Refinery site).

Maximum estimated time (number of days) for jobcompletion.

6.0 Service Tax payable extra(Bidder shall be paid this tax only against cenvatableinvoices issued in accordance with service tax rules)

@ ___________ %


20/202


TERMS & CONDITIONS FOR SUPERVISION OF ERECTION, TESTING &

COMMISSIONING(FOR FOREIGN BIDDERS)

A. TERMS & CONDITIONS :

1.0 Bidder shall quote per diem charges which shall include lodging, boarding, transport, all

insurance including third party, income tax etc. & all other incidental charges.2.0 Per diem charges shall exclude to and fro airfare. EIL shall arrange economy class fare

through Air India from the nearest International Airport in bidders country to InternationalAirport at Hyderabad/Vizag. No further transport charges shall be payable by EIL.3.0 Per diem rate shall apply from the day the supervisory personnel reach site and upto the day

they leave site. No per diem payment will be made for travel days/period.4.0 Working hours prevailing at site normally eight hours a day, Monday through Saturday and

holidays as applicable to site personnel shall apply.5.0 Bidders supervisory personnel shall observe/abide by site working conditions prevailing in the

existing project site, safety codes & Indian laws.6.0 A notice period of one month will be given for supervision of erection.

7.0

A tentative schedule for commissioning will be given one month in advance so that Bidderspersonnel reach site within 7 days from intimation for erection, testing & commissioningassistance.

B. CHARGES FOR SUPERVISION OF ERECTION/TESTING/COMMISSIONING

S. No. Description Bidders Reply / information

1.0

2.0

3.0

4.0

5.0

Number of supervisory personnel required.

Per diem charges (per person) for 8 hourswork on normal working days.

Overtime rate/ hour beyond normal 8 hours

work on normal working days.

Overtime rate/ hour for work on weekly offdays/ holidays (as applicable to Project site)

Maximum estimated time (number of days)for job completion.

NOTES: In case bidder recommends more than one category/level of supervisory personnel theinformation desired at S. No. 1.0 to 5.0 shall be furnished separately for each category of supervisory

l


21/202

ENGINEERS INDIA LIMITEDAGREED TERMS & CONDITIONS (FOR FOREIGN SUPPLIERS)

BIDDERs NAME : M/s._____________________________________________________________________

RFQ No. : _________________________________________________________________________

Bidders Offer Ref. No.:___________________________________________dated________________________Contact Person :_____________________E-Mail :________________Mobile No:____________________

Tel No. : ____________________ Fax No.:__________________________________________

DULY SIGNED & STAMPED COPIES OF THIS DOCUMENT SHALL BE ENCLOSED WITH EACH AND EVERYSET OF BIDDERS UNPRICED QUOTATION.

S.No.

DESCRIPTION BIDDERS CONFIRMATION

1. INTERNATIONAL SEAPORT OF EXIT ..

2.FIRM OCEAN FREIGHT CHARGES UPTO PORT OF ENTRY ININDIA(VIZAG) IN %AGE OF THE QUOTED PRICES Extra ---------- %

3.

MANUFACTURERS NAME & ADDRESS

..

4. DELIVERY PERIOD FROM DATE OF FOA (AS PER RFQ) CONFIRMED

5.COUNTRY OF ORIGIN FROM WHERE THE GOODS HAVE BEENOFFERED

..

6.FURNISH CURRENCY OF QUOTE. CHANGE IN CURRENCY ONCEQUOTED WILL NOT BE ALLOWED.

..

7.INDICATE SHIPPING WEIGHT (NET & GROSS) & VOLUME OF THECONSIGNMENT

8. INDICATE NAME & ADDRESS OF YOUR BANKERS FOR L/COPENING, TELEPHONE/ E-MAIL ADDRESS

..

9. VALIDITY OF OFFER AS PER RFQ DOCUMENTS CONFIRMED

10. IN CASE OWNER OPTS FOR AIR FREIGHTING OF EQUIPMENT,PLEASE INDICATE: YES/NA

a) INTERNATIONAL AIRPORT OF EXIT

b)FIRM AIRFREIGHT CHARGES UPTO AIRPORT IN INDIA (DELHI) AS%AGE. Extra ---------- %

11. INDICATE NAME & ADDRESS OF INDIAN AGENT, IF ANY

12. AGENCY COMMISSION INCLUDED IN QUOTED FOB PRICE . %

13.FURNISH ANNUAL REPORT CONTAINING BALANCE SHEET &PROFIT & LOSS STATEMENT FOR LAST THREE (3) YEARS ALONGWITH YOUR UNPRICED/COMPOSITE OFFER.


22/202

1.3 Printed terms and conditions, if any, appearing in quotation, shall not be applicable in the event of order.In case of contradiction between the confirmations given herein and terms & conditions mentioned

elsewhere in the offer, the confirmation given herein shall prevail.

2.0

All correspondence shall be in English only.

3.0 Price Basis

3.1 The offer contains firm unit and total prices on FOB International Port of Exit basis, including packing andforwarding upto FOB Exit Port as per the latest INCOTERMS. Stowage charges, where applicable, are alsoincluded.

3.2 Prices quoted exclude marine insurance charges from FOB International Port of Exit as the same shall bearranged by the Owner. However, all transit insurance charges for inland transit upto FOB InternationalPort of Exit are included in prices.

3.3 All taxes, duties and levies of any kind payable upto FOB International Port of Exit are included in quoted

prices.

3.4 Export permit/licence if required shall be Bidders responsibility & any expenditure towards same will byborne by the bidder.

3.5 Documentation charges as per MR are inclusive in the quoted prices.

4.0 Inspection Charges

4.1 Quoted prices are inclusive of all charges towards inspection and certification by a reputed third

party out of LRIS/BV/DNV/TUV/CEIL.

4.2 Quoted prices are inclusive of testing, inspection and certification charges including IBR as per MaterialRequisition.

5.0 Quoted prices shall remain firm and fixed till complete execution of order.

6.0 Payment Terms:

6.1 Acceptance of payment terms as per RFQ letter read with Instructions to Bidders.

6.2 a) Letter of Credit (L/C) shall be opened after receipt of unconditional acceptance of Purchase Orderand PBG. The L/C shall come into force only after receipt of 10% performance bank guarantee byOwner.

Letter of Credit shall be opened through a Govt. of India Nationalized/ Scheduled Bank and henceneed not be confirmed.

However, if bidder still insist for confirmed L/C, confirmation charges shall be borne by bidder.

b) It is noted that in the event of delays in delivery, payment shall be released after making applicable

Price Reduction from Sellers bills and relevant clause in this respect shall be inserted in L/C.

6.3 Contract cum Equipment Performance Bank Guarantee (PBG) for 10% of total order value shall be furnishedas per proforma enclosed in commercial CD within 30 days of Fax of Acceptance (FOA).

a) Bank guarantee shall be furnished from Indian Nationalized Banks/Indian Scheduled Banks (other than Co-operative Bank)/Indian Branches of Foreign Banks.


23/202

b) Payment to overseas suppliers (i.e. the principals) shall be released through L/C after deducting IndianAgents commission from the quoted prices.

c) Indian Agents commission shall be paid directly by Owner to Indian Agent in equivalent Indian Rupees ( onconversion rate applicable on the date of payment to the bidder) after satisfactory completion of the order.Payment shall be made only after getting proof of registration with Reserve Bank of India, New Delhi.

8.0 Part Order:

8.1 Confirm acceptance to part order (However individual item quantities will not be split)

8.2 In case of part order all lumpsum charges quoted extra if any viz. Documentation, testing, third partyinspection/IBR, packing/ crating, handling, FOB etc., shall be on prorata value basis.

9.0 Repeat Order

Confirm acceptance of repeat order within 6 months of basic order on same prices, terms and conditions.

10.0

Price Reduction for delay in delivery

10.1 For any delays in delivery beyond the Contractual delivery date, Price reduction shall be applied asstipulated in RFQ.

10.2 In case of delay, bidder will reduce the invoice amount by applicable reduction.

11.0 General:

11.1 We confirm that we have not been banned or delisted by any Government or Quasi Government agencies or

PSUs in India. If we have been banned, then this fact shall be clearly stated.

11.2 We confirm that net worth of our company during the last financial year is positive.

12.0 Acceptance of all other terms and conditions as per attached:

12.1 General Purchase Conditions (GPC) for imports

12.2 Instructions to Bidders

12.3 Terms & Conditions for Supervision of Erection, Testing & Commissioning (if applicable).

12.4 Terms & Conditions for Installation / Site Work (if applicable).

12.5 Special Instructions to Bidders (if applicable)

BIDDERS SIGNATURE & DATE : _______________________________

SEAL/ STAMP


24/202

ENGINEERS INDIA LIMITEDAGREED TERMS & CONDITIONS (FOR INDIGENOUS SUPPLIERS)

BIDDERs NAME : M/s.__________________________________________________________________________

RFQ No.: ______________________________________________________________________________________

Bidders Offer Ref. No. :______________________________________________Date:________________Tel No. : ____________________________________ Fax No.:______________________________________

Contact Person :________________________E-Mail:______________________Mobile No:________________

1. Duly signed & stamped copies of this Document shall be enclosed with each and every set of Bidders Un-priced

Quotation.2. Failure on the part of bidder in not returning this duly filled-up Documentwith all the sets of unpriced quotation

and/or submitting incomplete replies may lead to rejection of Bidders Quotation.================================================================ ==

S.NO.

DESCRIPTION CONFIRMATION

1 DESPATCH POINT (FROM WHERE GOODS ARE DESPATCHED)

2 FREIGHT CHARGES BY ROAD EXTRA UPTO PROJECT SITE (INCLUDING SERVICE

TAX & EDUCATION CESS.)EXTRA %

3 a) BENEFIT OF EXEMPTION FROM EXCISE DUTY FOR THE GOODS SUPPLIED(REFER ITB CL. NO. 8). IS MANDATORY & PRICES ARE QUOTED

ACCORDINGLYCONFIRMED

b) APPLICABLE RATE OF EXCISE DUTY INCLUDING EDUCATION CESS(INCLUDING SPARES)

NIL

c) EXCISE DUTY: TARRIF SUBHEADING NO.: .

4 a) CENTRAL SALES TAX AGAINST FORM C EXTRA %

b)

ANDHRA PRADESH VAT (APVAT) WITHOUT ANY CONCESSIONAL FORM(APPLICABLE FOR SUPPLIES FROM ANDHRA PRADESH STATE)

EXTRA %

5 a) CONFIRM YOU ARE OPTING FOR BENEFIT OF EXEMPTION FROM CUSTOMSDUTY FOR THE DECLARED CIF CONTENT (REFER ITB CL. NO. 8) IN INDIANRUPEES: YES / NO

.

b) CIF VALUE (IN INR) OF IMPORT CONTENT INCLUDED IN PRICE BID. AS PER PRICE BID

c) IF BIDDER IS NOT OPTING FOR BENEFIT AS PER (a) ABOVE, APPLICABLERATE OF CUSTOMS DUTY (MERIT RATE) CONSIDERED.

% (MERIT RATE)

6 INSPECTION IS IN ACCORDANCE WITH REQUEST FOR QUOTATION (RFQ) CONFIRMED

7 DELIVERY / COMPLETION PERIOD AS PER RFQ LETTER FROM FOA CONFIRMED

8 VALIDITY OF BID AS PER RFQ LETTER CONFIRMED

9 SERVICE TAX INCL EDUCATION CESS IF ANY FOR:


25/202

BIDDERS CONFIRMATION OF TERMS & CONDITIONS

1.0 Terms & Conditions

1.1 It is understood that deviations to Technical requirements and / or Terms & Conditions may lead toloading of prices or rejection of offer.

1.2 The Offer contains specifications and terms & conditions in the Unpriced copy. In case any Contradictoryconditions are found in the Priced copy, the same shall be ignored.

1.3 Printed terms and conditions, if any, appearing in quotation, shall not be applicable in the event oforder. In case of contradiction between the confirmations given herein and terms & conditionsmentioned elsewhere in the offer, the confirmation given herein shall prevail.

2.0 Price Basis2.1 Quoted prices shall remain firm and fixed till complete execution of the order.

2.2 Quoted prices are on FOT despatch point basis inclusive of Packing & Forwarding charges andDocumentation charges as per MR.

2.3 Taxes & Duties:

2.3.1 Excise Duty: - EXEMPTEDREFER Cl. 8 of ITB ALONG WITH ITS AMENDMENT.

2.3.2 Sales Tax/VAT:

a) Sales tax /VAT on finished goods shall be payable extra at actuals against documentary evidence. In case

of applicability of Andhra Pradesh VAT (APVAT), the same shall be released on receipt of VATABLE copy of

corresponding invoice valid for availing VAT credit.

b)

Only statutory variation, if any, in the present rate of CST/VAT, upto contractual delivery period shall beto Owners account subject to documentary evidence to be furnished by the Bidder.

c) If CST/VAT is not applicable at present due to any reason, other than statutory, the same shall beborne by Bidder if it becomes applicable later on.

2.3.3 All new taxes/duties/cess/levies notified after the last date of submission of final price bid/price implication,but within contractual delivery /completion period, shall be to EILs account. These shall be reimbursedagainst documentary evidence.

Any new or additional taxes/duties and any increase in the existing taxes/ duties imposed after contractualdelivery shall be to bidders account. However, any corresponding decrease shall be passed on to theOwner.

2.3.4 Customs Duty ( built- in import content):

It is noted that M/s. GSPC is eligible for benefit of exemption from Customs Duty available on import ofgoods

a) It is confirmed that the quoted prices are based on Zero/Merit Rate of Customs Duty as indicated on Page-1. Owner will issue Essentiality Certificate (EC) to avail exemption from Customs Duty for the built-inimport content. Bidder will furnish timely request alongwith necessary documents to enable Owner toissue the EC.

b) In case of bidders quoting based on merit rate of Customs Duty the following confirmations shall beapplicable:-

i.

Owner shall not provide any import licence.

ii. Quoted prices are after considering the benefit of CENVAT on CVD portion (including Addl.CVD).

iii. The CIF Value(s) indicated by the Bidder shall be deemed to be the maximum value(s).

iv. Any upward variation shall be borne by Bidder.However, in case of any downward variation, the benefit shall be passed on to Owner.

c) Any variation due to FE variation shall be to bidders account.


26/202

2.6 Inspection and Testing:

2.6.1 Quoted prices include all testing, Inspection and certification charges including IBR, as required in the MR/Enquiry documents (RFQ).

2.6.2 Inspection shall be done by EIL/ Third Party Inspection Agency, as specified in Enquiry document(RFQ).2.6.3 For bought out imported component, inbuilt in the main equipment / item, inspection shall be done by

Third party inspection agency i.e. LRIS / BV / DNV / TUV / CEIL, and the charges for the same are includedin the quoted Prices.

2.6.4 In case bought out components from indigenous sources are sourced from EIL approved vendors, thensame can be supplied duly inspected by third party without any extra charges to Owner.

2.6.5 In case of inspection by Third Party Inspection Agency (LRIS / BV / DNV / TUV / CEIL), the charges for thesame is included in the quoted prices. In case of inspection by EIL, the personnel cost of EILs inspectorshall be borne by Owner.

2.7 Payment Terms:2.7.1 Acceptance of payment terms as per RFQ letter.

2.7.2 In case of delay in delivery/ completion, bills shall be submitted after deducting price reduction for delay.

2.8 Any claim arising out of order shall be sent to Owner, in writing, within 3 months from the date of lastdespatch. In case the claim is received after 3 months, the same shall not be entertained by Owner.

3.0 Price reduction for delay in delivery

3.1 For any delays in deliveries beyond the contractual delivery date, price reduction shall be applied asstipulated in the RFQ.

3.2 In case of delays, bidder will reduce the invoice amount by applicable reduction.

4.0 Part order / Repeat order

4.1 Part order

4.1.1 Confirm acceptance to part order. The individual quantity against a particular item shall not be split.

4.1.2 Any charges quoted extra on lumpsum basis, shall be prorated in the event of part order (based onValue).

4.2 Repeat order

Confirm Acceptance of repeat order within 6 months of basic order on same prices, terms and conditions.5.0 General:

5.1 We confirm that net worth of our company during the last financial year is positive.5.2 None of the Directors of our (Bidder) Company is a relative of any Director of EIL/We (Bidder) are a firm in

which none of the Directors of EIL or their relative(s) is/are parteners of our Company or a Private

Company in which any Director of EIL is a Director.

5.3 We confirm that we have not been banned or delisted by any Government or Quasi Government agencies

or PSUs.

6.0 Acceptance of all other terms & conditions as per attached

6.1 General Purchase Conditions (Indigenous)

6.2 Instructions to Bidders6.3 Terms & Conditions for Supervision of Erection, Testing & Commissioning (if applicable)6.4 Terms & Conditions for Installation/ Site Work ( if applicable)6.5 Special Instructions to Bidders ( if applicable)

BIDDERS SIGNATURE & DATE:_______________________


27/202

Page27of202


28/202

Page28of202


29/202

Page29of202


30/202

Page30of202


31/202

Page31of202


32/202

Page32of202


33/202

Page33of202


34/202

Page34of202


35/202

Page35of202


36/202

Page36of202


37/202

Page37of202


38/202

Page38of202


39/202

Page39of202


40/202

Page40of202


41/202

Page41of202


42/202

Page42of202


43/202

Page43of202


44/202

Page44of202


45/202

PROJECT: Onshore GasTerminal Project

CLIENT: Gujarat State

Petroleum Corporation Ltd.JOB NO. A043

Proforma of Letter of Authority for attending Priced/Unpriced Bid Opening

No. Date:


1,Bhikaiji Cama Place

R.K.Puram

New Delhi- 110 066 (India)

Dear Sirs,

We.hereby authorise following

representatives(s) to attend the Priced / Unpriced Bid opening against your RFQ

Nofor.. (Item)

1. Name & Designation.Signature

2. Name & Designation.Signature

We confirm that we shall be bound by all and whatsoever our representative(s) shall

commit during the Bid opening.

Yours faithfully,

Signature..

Name & Designation..


46/202

ENGINEERS INDIA LTD.INSTRUCTIONS TO BIDDERS

(ITB)

1 PAYMENT TERMSShall be as per RFQ letter and shall be operated with following stipulations.

NOTES :

i. Order value shall be as indicated in the Purchase Order.

ii. a) In case of indigenous suppliers, wherever taxes/duties/freight are separately indicated,the order value shall be exclusive of taxes/duties/freight. 100% payment oftaxes/duties/freight shall be paid alongwith the payment released against dispatchdocuments on receipt of cenvatable/vattable documents (wherever applicable).

b) Payment to indigenous suppliers shall be released either through Electronic ClearingSystem (ECS)/ Electronic Fund Transfer (EFT)/ Real Gross Time Settlement (RGTS) orthrough internet. In view of this, necessary details, such as name of bank, bank accountno. etc., duly attested by bidders bank must be submitted along with the offer.

iii. Irrevocable Letter of Credit for payment to Foreign Suppliers shall be established in favourof the bidder in a bank in his country, for an appropriate amount, 60 days beforescheduled date of delivery (anticipated date of delivery in case it is known to be earlierthan the scheduled date of delivery) subject to receipt of unconditional acceptance ofPurchase Order and submission of requisite Performance Bank Guarantee for 10% oforder value, valid for the guarantee period plus 90 days claim period, within 30 days ofFOA. However, in case of Foreign Order(s) with value upto US$ 50,000, L/C shall beopened within 45 days of receipt of acceptance copy of PO alongwith PBG (whereverapplicable). In case confirmed L/C is insisted by Bidder, L/C confirmation charges shall beto Bidders account.

iv. Payment to foreign suppliers against Site Work and Supervision/Training shall be throughwire transfer.

v. All payments (other than through L/C) shall be released within 30 days of receipt ofinvoice and all requisite documents, complete in all respects.

vi. All bank charges of respective bankers shall be to respective account.

vii. Seller shall submit Billing Schedule within three weeks after placement of FOA for EILsapproval (wherever applicable).

viii. Sellers requiring multiple despatches will restrict the number of despatches to maximumthree, unless agreed otherwise by Project Manager.

ix. Other than the payment terms given above, no other advance payments shall generallybe payable. Any payment before despatch of material shall be considered as advancepayment. However, if any Seller insists on advance payments, such advance payment( th th th t t i i RFQ) h ll b i t t b i @13%


47/202


(ITB)

2 TRANSPORTATION

2.1 INDIGENOUS SUPPLIERS

Indigenous suppliers are required to dispatch the goods on door delivery basis throughany of the bank approved Transporters. Any deviation shall be subject to prior approvalof Project Manager.

2.2 FOREIGN SUPPLIERS

In case order is placed on FOB International port of exit basis, ocean transportation fromFOB Port of Exit to the designated Indian Port (VIZAG) shall be arranged through EILnominated freight forwarder. Bidder shall arrange handing over the material tonominated freight forwarder at the designated Port of Exit.

The bidder will be required to furnish firm cargo details containing weight, dimensions,no. of packages, no. & type of containers required & Port of shipment. In case the actualcargo dispatched exceeds the cargo details furnished, the extra freight incurred by Owner

will be to Suppliers account.The marine freight quoted shall be valid for a period of six months beyond the date ofissue of FOA/delivery period (whichever is earlier). However, Vendor shall furnish theshipping details viz. Net/ Gross weight, Volume of consignment, number of packages withdimensions at least 45 days before the expiry of validity of Ocean Freight. In the eventof any delay by Vendor, the quoted Ocean Freight charges shall remain valid further for45 days from the date of furnishing the above details. EIL reserves the option to ask thebidder to arrange shipment at the quoted freight rates.

3 CURRENCY OF QUOTE

FOREIGN SUPPLIERS

Foreign suppliers are required to submit prices only in a freely convertible currency. Incase a foreign supplier is sourcing part of equipment/ services from India, prices of suchequipment/ services shall be quoted in Indian Rupees only.

INDIAN SUPPLIERS

Indian suppliers are required to submit price in Indian Rupees.

Note: Change in Currency once quoted will not be allowed.

4 SINGLE POINT RESPONSIBILITY OF THE SUPPLIER

In case of MRs containing supplies as well site work, a single order, covering the suppliesas well site work, shall be placed. Split ordering will not be permitted.

In case, a foreign supplier requests for a separate order on his Indian sub-supplier, the


48/202


(ITB)

5 GUARANTEE PERIOD

15 months after the equipment/ material have been put in service or 30 months from thedate of shipment, whichever is earlier.

6 PERFORMANCE BANK GUARANTEE (PBG)/(CPBG)

i. PBG shall be required @ 10% of total order value. However, PBG shall not berequired if total quoted value by a bidder is upto Rupees Twenty Five (25) Lakhs(equivalent Foreign Currency in case of Foreign Suppliers) in case of Pipes, Fittings,Flanges, Gaskets and Fasteners in Limited enquiries. For all other cases, PBG shallnot be required, if total quoted value by a bidder is upto Rupees Five (5) Lakh(equivalent Foreign Currency in case of Foreign Supplier).

ii. EIL shall get all bank guarantees verified for authenticity from the regional /controlling / branch office of the issuing bank before the same are accepted.

iii. In limited enquiries for purchasing, Indigenous suppliers shall be required to submitthe PBG while claiming the last 10% payment.

iv. In all other cases, the PBG shall be required to be submitted within four weeks ofissue of FOA.

v. Performance Bank Guarantees shall be valid till expiry of guarantee period plus 90days claim period after which the PBG shall be released. However, wherever sitework is involved, in addition to the above, the PBG shall be released subject toreceipt of clearance from Tax & other statutory authorities related to project.

vi. Bank Guarantee(s) shall be issued through Indian Nationalised Bank/ IndianScheduled bank (other than Co-operative Banks) / Indian branches of foreignbanks.

vii. Bank Guarantee shall have a claim period of 90 days after its expiry.

7 INDIAN TAXES/DUTIES

i. The prices shall be exclusive of all Indian taxes/duties applicable on finished goods/services

supplied directly to EIL except VAT on Works Contract, which shall be included in the quoted

prices. Variations of any kind on Works Contract Tax shall be to suppliers account. The

excluded taxes/duties shall be payable extra at actuals against documentary evidence. Bidder

shall be asked to indicate component of VAT on Works Contract which shall be reimbursed

against Tax Invoice. This component of VAT on Works Contract shall be deducted from the

quoted price of Bidder for bid evaluation (it is noted that bidder opting for Composition Scheme

under APVAT shall not be able to raise Tax Invoice).

ii. Entry Tax and Octroi are presently not applicable. If applicable at a later date, same shall be

payable extra at actuals.

iii. All payments on account of Excise Duty, Service Tax, APVAT on finished goods and VAT on

Works Contract shall be released on receipt of CENVATABLE /VATTABLE copy of

corresponding invoice and documents valid for availing CENVAT / VAT credit


49/202


(ITB)

evaluation irrespective of type of RFQ. However, EIL will be able to avail credit for Service Tax

input, Bidder shall furnish the cenvatable invoice(s).

vi. Indigenous suppliers shall issue E1/E2 form on quarterly basis within 15 days after completion

of each quarter based on C form no. provided by EIL. EIL will provide original C form in

exchange of original E1/E2 form.

vii. All non-cenvatable/non-vattable taxes/duties shall be loaded for evaluation.

8 BENEFIT OF CUSTOMS DUTY AND EXEMPTION OF EXCISE DUTY

8.1 BENEFIT OF EXEMPTION OF CUSTOMS DUTY:

M/s. GSPC is eligible for the benefit of exemption from Customs Duty, available on importof goods in terms of entry no. 216 and 217 of notification no. 21/2002-CUS. dated01.03.2002 and subsequent amendments, if any. M/s. GSPCs responsibility shall belimited to provide Essentiality Certificate to Indigenous Suppliers, in time. However,suppliers shall give advance notice for the same alongwith requisite documents (as

applicable) to GSPC and EIL, at least 4 weeks prior to import of goods by them.Indigenous suppliers shall quote their prices based on zero rate of Customs Duty andadditional duties for import of goods.

In case GSPC fails to provide the Essentiality Certificate in time, for the reasonsattributable to GSPC and the Customs Duty/other import duties are payable on the CIFvalue of materials imported for the purpose of permanent incorporation in theWork/Equipment, the same shall be paid directly by GSPC. In this case, GSPCsresponsibility shall be limited to payment/handing over of cheque or DD towards CustomsDuty (including Counter Veiling duty) payable on the imported materials consigned to

GSPC, required for incorporation in the permanent works as assessed by the IndianCustoms authorities on the bills of entry to EIL for payment to Customs authorities.

However, Indigenous Suppliers quoting their prices on merit rate of duty shall indicatethe percentage of merit rate in Agreed Terms & Conditions (for Indigenous Suppliers).

CIF value(s) indicated by the Bidder shall be deemed to be the maximum value(s) for theabove. Bidders not indicating the ceiling amount of CIF values and/or percentage ofmerit rate, it will be construed as if no CIF content is applicable to them.

8.2 EXEMPTION OF EXCISE DUTY:

The Benefit of exemption of Excise Duty in terms of Sl. No. 91 of notification no.06/2006-CE dated 1.3.2006 is also available to Indigenous Suppliers (applicable only inthe cases where enquiry is titled as Request for Quotation (RFQ) Global/ICB is issuedto Indigenous as well as Foreign Suppliers).

GSPC will provide Essentiality Certificate and Indigenous Suppliers shall evaluate the


50/202


(ITB)

permanent Work/Equipment as assessed by the Excise Authorities on the invoice value toEIL for payment to Excise Authorities.

9PRICE REDUCTION SCHEDULE

i) The Price Reduction Schedule for delay in delivery/ completion shall be as per RFQ.

ii) Wherever the supply period and site work are indicated as two separate periods and notice of

site readiness is required for site work, intervening period, if any, shall be excluded, while

calculating the price reduction for delay.

iii) Price reduction shall be effected in the Invoice value before presenting for payment. The

Purchaser reserves the right to cancel the Purchase Order for any delay exceeding the period

of maximum reduction and the Seller shall be liable to all consequences thereof.

10COMPREHENSIVE MARINE-CUM-ERECTION INSURANCE

Comprehensive Insurance (Transit/Marine cum storage, erection, till handing over of equipment)

shall be arranged by GSPC.

11BASIS OF EVALUATION

11.1WHERE ENQUIRY, TITLED AS REQUEST FOR QUOTATION (RFQ) INDIGENOUS

Bids shall be evaluated on the basis of landed cost at Site, including site work, if any,considering Third Party inspection Charges wherever applicable (as quoted bybidders), all duties, taxes, transportation charges less Cenvatable/Vattable taxes(90% APVAT i.e. VAT on finished goods and VAT on Works Contract).

Cost of mandatory spares, if identified in the Material Requisition, commissioningspares and special tools & tackles will be included for price evaluation of bids, butcost of Spares for two years operation shall be excluded.

AMC charges shall be considered for evaluation wherever AMC is required.

Supervision and Training charges shall be considered for evaluation whereversupervision and training are required.

Commercial loading shall be considered for evaluation of bids.

Technical loading, if any, shall be considered for evaluation of bids.

NOTE : Site Work, wherever applicable, shall be considered for evaluation.


51/202


(ITB)

Bulk items piping (other than pipes) / instruments :

Firm freight as quoted by bidders. In case, firm freight is not quoted by bidder,following percentages shall be considered:

Europe / Japan / Asia : 6% of FOB price

Australia / American Continent : 9% of FOB price

Cost of mandatory spares identified in the Material Requisition, Commissioning Spares andspecial tools & tackles will be included for evaluation of bids, but costs of Spares for two yearsoperation shall be excluded.

AMC charges shall be considered for evaluation wherever AMC is required.

Supervision and Training charges shall be considered for evaluation, wherever, supervision andtraining are required.

Commercial loading shall be considered for evaluation of bids.

Technical loading, if any, shall be considered for evaluation of bids.

Comparison of bids shall be carried out on equivalent Indian Rupees basis considering BillsSelling rates of Foreign Exchange as available from State Bank of India on the day of pricedopening. In case the same is not available, the exchange rate from Economic Times, NewDelhi edition, published on the day of priced opening, shall be considered.

NOTE: In case site work is also involved, the comparison shall include site work and various othercharges as per 11.3.

11.3 WHERE ENQUIRY, TITLED AS REQUEST FOR QUOTATION (RFQ) GLOBAL/ICB

I. Indigenous Bidders:

The evaluated price of Indigenous Bidders shall be carried out on the basis of landed cost atsite as per clause no. 11.1 above excluding Excise Duty and Cess thereupon, for which

exemption is available and the same shall not be considered for evaluation wherever bidder

opts for the benefit.

Further, wherever the Indian Bidders are subject to EIL Inspection instead of Third Party

Inspection, notional inspection charges @ 1.25% of FOT Despatch Point price for EIL

inspection shall be considered.

In case, Indigenous Bidders not opting for exemption of Excise Duty available to them, the

Excise Duty & Cess there upon shall be loaded for evaluation.

II. Foreign Bidders:

The evaluated price of Foreign Bidders shall be on the basis of landed cost at site excluding

the Customs Duty, CVD and Special Additional Duty and Cess (wherever applicable) and the


52/202


(ITB)

Note:

a) Site work wherever applicable shall be considered for evaluation.

b)Transit Insurance for Indian as well as Foreign Bidders in India will not be loaded.

11.4GENERAL

(i)

(ii)

(iii)

Any differential in taxes and duties will be cost loaded on case to case basis.However, if a supplier states that taxes/duties are not applicable at present andwill be charged as applicable at the time of delivery then his bid shall be loaded bythe maximum rate of taxes/duties applicable at the time of evaluation of Bids.

In case of pipes, in case a foreign bidder has not quoted or not included stowagecharges, the same shall be loaded @ 10% of bidders quoted Ocean Freight.

In case Supplier(s) has quoted estimated freight charges or quoted freight atactuals or not quoted at all, the loading shall be done by maximum freight quotedby other Supplier(s) of similar locations or based on EIL estimate.

12LOADING/REJECTION CRITERIA

Cost loading on account of deviations to commercial terms & conditions shall becalculated on FOT Despatch Point price/ FOB Price as under :

12.1PERFORMANCE BANK GUARANTEE (PBG)

In case a supplier takes any deviation with respect to the amount or period or validity ofthe performance bank guarantee, the offer shall be rejected.

12.2

(i)

(ii)

PRICE REDUCTION SCHEDULE (PRS)

PRICE REDUCTION SCHEDULE (APPLICABLE AS 1/2% DOV ~ 5% TOV) FORDELAYED DELIVERY (For MRs other than Packages):

a) 1/2% of DOV up to maximum of 5% of TOV No loading

b) 1/2% of DOV up to maximum of 5% of DOV 2.5%

c) Other than the above 5%

PRICE REDUCTION SCHEDULE (APPLICABLE AS 1/2% TOV ~ 5% TOV) FORDELAYED DELIVERY (For Packages only)


53/202


(ITB)

(iii)PRICE REDUCTION SCHEDULE FOR CRITICAL EQUIPMENTS (APPLICABLE AS1% TOV ~ 10% TOV) FOR DELAYED DELIVERY:

a) 1% of TOV up to maximum of 10% of TOV No loading

b) 1% of TOV up to x% of TOV (10-x)%

c) Other than the above 10%

NOTE:The loading shall be w.r.t. the PRS stipulated in the RFQ.

12.3PRICE VARIATION

a) Firm Prices No Loading

b) In case of Price Variation Formula withceiling

Loading by ceiling %age offered

c) No formula and no ceiling specified by thebidder

Offer shall be rejected

Note : In case the enquiry itself provides for price variation on account of certainvariables, offers seeking such variation shall not be loaded.

12.4PAYMENT TERMS

Payment terms at variance with RFQ (which are not interest bearing), will not bepermitted. However, if a bidder insists on the same, these shall be loaded @13% perannum (simple interest) for the relevant period as under:

(i) Advance against FOA / PO : 100% of the delivery period

(ii) Drawing approval : 80% of the delivery period

(iii) Sub-ordering of raw material : 75% of the delivery period

(iv) Receipt of raw material at Vendors works : 50% of the delivery period

(v)Last %age payment against dispatchDocuments against RFQ requirement ifpayment on receipt at Site

: Interest for one month


54/202


(ITB)

Note: Sl. No. (v) shall be applicable for Indigenous Supply only and Sl. No. (vi) shall beapplicable for cases where site work is applicable.

12.5DELIVERY

12.5.1FOR IDENTIFIED CRITICAL EQUIPMENTS :

Delivery/Completion period longer than required in enquiry shall be loaded @ 1% perweek upto a maximum of four (4) weeks. In case, a supplier quotes delivery longer thanfour (4) weeks from required, the bid shall be rejected. One (1) month shall be construedas equal to four (4) weeks for the purpose of such evaluation.

12.5.2FOR BALANCE ITEMS/EQUIPMENTS (OTHER THAN CRITICAL EQUIPMENTS) :

a) FOR ENQUIRIES WITH DELIVERY/COMPLETION PERIOD UPTO 6

MONTHSDelivery/Completion period longer than required in enquiry shall be loaded @1/2% per week upto a maximum of four (4) weeks. In case, a supplier quotesdelivery longer than four (4) weeks from required, the bid shall be rejected. One(1) month shall be construed as equal to four (4) weeks for the purpose of suchevaluation.

b) FOR ENQUIRIES WITH DELIVERY /COMPLETION PERIOD BEYOND 6MONTHS

Delivery/Completion period longer than required in enquiry shall be loaded @1/2% per week upto a maximum of six (6) weeks. In case, a supplier quotesdelivery longer than six (6) weeks from required, the bid shall be rejected. One(1) month shall be construed as equal to four (4) weeks for the purpose of suchevaluation.

12.5.3FOR DEVIATION IN BASIS OF DELIVERY:

Basis of delivery at variance with RFQ will not be permitted. However, if a bidder insists

for Ex-works/FOT Despatch Point delivery against RFQ requirement of FOT Site delivery,

the same shall be loaded for a period of 4 weeks at the rte of percentage per week given

in 12.5.1 and 12.5.2 above (as applicable).

12.6SHORTER VALIDITY:

FORMAT FOR DEVIATIONS


55/202

FORMAT FOR DEVIATIONS

S.

No.

Description of Documents Clause

No.

Deviation

A) Technical

B) Commercial


56/202



57/202


GSPC ONSHORE GAS TERMINAL

GENERAL PURCHASE CONDITIONS(IMPORTS)

INDEX

PART-A: GENERAL PURCHASE CONDITIONS (IMPORTS)

1. DEFINITIONS2. REFERENCE FOR DOCUMENTATION3. IMPORT LICENCE4. CONFIRMATION OF ORDER5. SALES CONDITIONS

6. COMPLETE AGREEMENT7. INSPECTION - CHECKING - TESTING8. EXPEDITING9. OILS & LUBRICANTS10. SPARE PARTS11. RESPECT FOR DELIVERY DATES12. DELAYED DELIVERY13. DELAYS DUE TO FORCE MAJEURE14. REJECTION, REMOVAL OF REJECTED

GOODS AND REPLACEMENT

15. PRICE16. TERMS OF PAYMENT17. PART ORDER/ REPEAT ORDER

18. RECOVERY OF SUMS DUE19. MODIFICATIONS20. CANCELLATION21. PATENTS AND ROYALTY22. PERFORMANCE GUARANTEE

23. NON-WAIVER24. NON ASSIGNMENT25. SELLERS DRAWINGS AND DATA

REQUIREMENT26. TECHNICAL INFORMATION27. SERVICES OF SELLERS PERSONNEL28. HEADINGS29. SPECIFIC PERFORMANCE30. FOREIGN LIABILITY CLAUSE IN

CONTRACTS

31. ADDRESSES32. JURISDICTION:

PART-B: PACKING MARKING & SHIPPING SPECIFICATIONS (IMPORTS)

1. WEIGHTS AND MEASUREMENTS

2. PACKING AND MARKING3. SHIPMENT AND SHIPMENT NOTICE4. SHIPPING/ SHIPPING DOCUMENTS/ SHIPPING ADVISERS5. TRANSIT RISK INSURANCE6. SPECIAL PACKING REQUIREMENTS

PART- A: GENERAL PURCHASE CONDITIONS (IMPORTS)

1 DEFINITIONS:


58/202

1. DEFINITIONS:

The following expressions used in these General Purchase Conditions (GPC) and the Purchase Order shall have the meaningindicated against each of them:

PURCHASER/ OWNER: ThePurchaser /Owner means Engineers India Limited a company incorporated in India having itsregistered office at Engineers India Bhawan, 1, Bhikaiji Cama Place, RK Puram, New Delhi-110066, India and shall include itssuccessors and assignees.

GOODS/MATERIALS: Goods and/or materials shall mean any of the articles, materials, Machinery, Equipments, Supplies,drawing, data and other property and all services including but not limited to design, delivery, installation, inspection, test ingand commissioning specified or required to complete the order.

SELLER: Seller shall mean the Person, firm or Corporation to whom the Fax of Acceptance / Purchase Order is issued.

INSPECTORS: Inspectorsdeputed / authorized by Purchaser including Third Party Inspection Agency

PROJECT: Onshore Gas Terminal at Mallavavram, Andhra Pradesh for Deen Dayal Field Development.

CLIENT: Client means Mangalore Refinery and Petrochemicals Limited.

2. REFERENCE FOR DOCUMENTATION:

Purchase Order / Purchase Requisition number must appear on correspondence, drawings, invoices, shipping notes, packingand on any document or paper connected with the Order.

3. IMPORT LICENCE: If any, shall not be the sellers responsibility.

4. CONFIRMATION OF ORDER:

The Seller shall acknowledge the Fax of Acceptance (FOA) / Purchase Order within seven days following the date of FOA /Purchase Order and shall thereby confirm acceptance of FOA/ Purchase Order. Seller shall also submit along with orderacceptance a Bank Guarantee as per Clause 22 hereunder.

5. SALES CONDITIONS:

With Sellers acceptance of provisions of the Purchase Order he waives and considers as cancelled any of his general salesconditions.

6. COMPLETE AGREEMENT:The terms and conditions of the Purchase Order constitute the entire Agreement between the parties hereto. Changes will bebinding only if the amendments are made in writing and signed by an authorized representative of the Purchaser.

7. INSPECTION-CHECKING-TESTING:

The equipment, materials and workmanship covered by the Purchase Order are subject to inspection and testing at any timeprior to shipment and/or despatch and to final inspection within a reasonable time after arrival at site. Inspectors shall have theright to carry out the inspection and testing which will include the raw materials at manufacturers shop, at fabricators shop andat the time of actual despatch before and after completion of packing.

7.1 All tests, mechanical and others and particularly those required by relevant codes will be performed at the Sellers expensesand in accordance with Inspectors instructions. The Seller will also bear the expenses concerning preparation and rendering oftests required by Boiler Inspectorate or such other statutory testing agencies or by Lloyds Register of Shipping as may berequired.

7.2 Before shipping or despatch, the equipment and/or materials will have to be checked and stamped by Inspectors who areauthorized also to forbid the use and despatch of any equipment and/or materials which during tests and inspection fail tocomply with the specification, codes and testing requirements.

7.5 The Sellers responsibility will not be lessened to any degree due to any comments made by Purchaser/Purchasersrepresentative and Inspectors on the Sellers drawings or specifications or by inspectors witnessing any chemical or physicaltests. In any case, the equipment must be in strict accordance with the Purchase Order and/or its attachments failing which the


59/202

tests. In any case, the equipment must be in strict accordance with the Purchase Order and/or its attachments failing which thePurchaser shall have the right to reject the goods and hold the Seller liable for non-performance of contract.

8. EXPEDITING:

Purchaser/Purchasers representatives shall expedite both manufacture and shipment of equipment and materials covered bythe Purchase Order. The Purchaser/Purchasers representatives shall have free access to Sellers shop and/or sub-Sellersshop at any time and they shall be provided all the necessary assistance and information to help them perform their job.

9. OILS & LUBRICANTS:

The first filling of oils and lubricants for each equipment shall be included in the price. The Seller shall also recommend thequality and quantity of oils and lubricants required for one years continuous operation.

10. SPARE PARTS:

The Seller must furnish item-wised priced list of spare part(s) required for two years normal operation and maintenance of the

equipment.The Seller shall provide the necessary cross - sectional drawings to identify the spare part(s) numbers and their location as wellas an interchangeability chart.

11. RESPECT FOR DELIVERY DATES:

Time of delivery mentioned in the Purchase Order shall be the essence of the agreement and no variation shall be permittedexcept with prior authorization in writing from the Purchaser. Goods should be delivered securely packed and in good orderand condition at the place and within the time specified in the Purchase Order for their delivery. By the time of delivery, is meantthe date on the Bill of Lading/Airway Bill at FOB Port of Exit.

12. DELAYED DELIVERY:

The time and date of delivery of materials / equipment as stipulated in the Purchase Order shall be deemed to be essence of the

agreement. For any delay in delivery of equipment / materials or part thereof beyond the delivery date stipulated, as genuine pre

estimate of the damages suffered by the Purchaser, the Seller and Purchaser agree that the Seller shall be liable to pay

compensation as under:

IN CASES OTHER THAN PACKAGES: Accept delayed delivery at prices reduced by a sum equivalent to one half of one percent(1/2%) of the total value of delayed equipment / item for every week of delay or part thereof, limited to a maximum of five percent(5%) of the total order value.

FOR PACKAGESWITH OR WITHOUT SITE WORK : Accept delayed delivery, at prices reduced by a sum equivalent to one halfof one percent (1/2%) of the total order value for every week of delay or part thereof, limited to a maximum of five percent (5%) of

the total order value.

Such compensation shall be paid by way of equivalent reduction in the Invoice value before presenting to Purchaser/ Bank forpayment. This is without prejudice to Purchasers right of cancelling the purchase order wholly or in part for any delayexceeding the period of maximum compensation and the Seller shall be liable to all consequences thereof. If the delay indelivery is due to Force Majeure, the Purchaser shall be free to act in terms under Clause 13 of this text.

13. DELAYS DUE TO FORCE MAJEURE:

No delay or failure in performance by either party shall constitute default or give rise to any claim for damages to the extent, such

delay or failure cause by force majeure.

Force majeure is an occurrence beyond the control and without the fault or negligence of the parties and which they are unable to

prevent or provide against by the exercise of reasonable diligence including acts of God or the public enemy ; war, rebellion, civildisturbances, sabotage, and, riots, fire, explosions, and earthquakes and other similar occurrence. The decision of purchaser shallbe final and binding on Seller.

The Seller must advise the Purchaser by a registered letter duly certified by a local Chamber of Commerce or statutoryauthorities, the beginning and the end of the delay immediately, but in no case later than within 10 days of the beginning andend of each cause of Force Majeure condition as defined above

incurred by the Purchaser for such disposal shall be to the account of the Seller. The freight paid by the Purchaser, if any, onthe inward journey of the rejected materials shall be reimbursed by the Seller .The Seller will have to proceed with thereplacement of that equipment or part of the equipment, if so required by the Purchaser, without claiming any extra payment.


60/202

p q p p q p q y g y p yThe time taken for replacement in such event will not be added to the contractual delivery period.

15. PRICE:

Unless otherwise agreed to in the terms of the Purchase Order, the price shall be Firm and not subject to escalation for anyreason whatsoever even though it might be necessary for the order execution to take longer than the delivery period specifiedin the order.

16. TERMS OF PAYMENT:

Terms of payment shall be as spelt out in Enquiry.

Payment will be made by the Purchaser against an irrevocable Letter of Credit (L/C) against submission of despatchdocuments (bill of lading or air way bill in case of air freight). L/C shall be opened through Government of Indias Nationalised

Bank and hence need not be confirmed. In case any bidder insists for confirmed L/C then the confirmation charges shall beborne by the bidder. L/C shall be established 60 days before anticipated date of delivery subject to receipt of unconditionalacceptance of order and submission of required performance bank guarantee within 30 days of FOA.

17. PART ORDER/REPEAT ORDER:

Seller hereby agrees to accept part order at Purchasers option without any limitation whatsoever and also accept repeatorder(s) during a period of 6 months from the date of original purchase order on same unit prices, terms and conditions.

18. RECOVERY OF SUMS DUE:

Whenever any claim against the Seller for payment of sum(s) of money arises out of or under the contract, the Purchaser shallbe entitled to recover such sum(s) from any sum(s) then due or which at any time thereafter may become due from the Seller

under this or any other contract with the Purchaser including right to encash the PBG. In the event of encashment of PBG theSeller shall re-store the same to its original amount and should this sum is not sufficient to cover the recoverable amount, theSeller shall pay to the Purchaser on demand the balance remaining due.

19. MODIFICATIONS:

The Purchaser shall have the right to make technical changes or modification in the technical document/specificationscomprised in the Purchase Order. The Seller shall comply with such a written request or make alternative suggestion. Any suchchanges or modifications shall be at the cost, if any, of the Purchaser. As soon as possible after receipt of the written requestfor changes, the Seller shall furnish in writing to the Purchaser, an estimate of cost for the changes and modifications / effect onthe FOB delivery date. On receipt of Purchasers written authorization, the Seller shall promptly proceed with thechanges/modifications.

20. CANCELLATION:

The Purchaser reserves the right to cancel the Purchase Order or any part thereof and shall be entitled to rescind the contractwholly or in part in a written notice to the Seller if:i) The Seller fails to comply with the terms of the Purchase Orderii) The Seller fails to adhere to delivery schedule in progressing to manufacture or fails to deliver the goods on time

and/or replace the rejected goods promptly.iii) The Seller becomes bankrupt or goes into liquidation.iv) The Seller makes a general assignment for the benefit of creditors.v) A receiver is appointed for any of the property owned by the Seller.

Upon receipt of the said cancellation notice, the Seller shall discontinue all work on the Purchase Order and matters connectedwith it.

The Purchaser in that event will be entitled to procure the material in the open market and recover excess payment over theSellers agreed price, if any, from the Seller reserving to itself the right to forfeit the security deposit (including PBG), if any.

21. PATENTS AND ROYALTIES:

The Seller will guarantee that all materials and equipments shall be repaired or replaced as the case may be, at his ownexpense, in case the same have been found to be defective in respect of material, workmanship or smooth and rated operationwithin a period 15 months after the equipment/ material have been put in service or 30 months from the date of shipment,


61/202

whichever is earlier.

The guarantee period for the part that may be altered, repaired or replaced shall be 15 months from the date on which the

same is put in service or period as specified above in case of critical items, whichever is later.Acceptance by the Purchaser or its Inspectors of any equipment and materials or its replacement will not relieve the Seller of itsresponsibility of supplying the equipment/materials strictly according to the specification and according to the guaranteesagreed by the Seller. The Seller shall furnish a Bank Guarantee alongwith the order acceptance for the amount equivalent to10% of the FOB value of equipment/ materials to support Sellers performance of his obligations and discharge of liability underthe contract, as per proforma hereunder. This Bank Guarantee shall remain in force for the entire period covered byperformance guarantee plus 3 months. It will be the responsibility of the Seller to keep the Bank Guara