Qualification criteria, specifications, instructions to...

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MADHYA PRADESH LAGHU UDYOG NIGAM LTD. (M.P. Government Undertaking)

IInd Floor, Panchanan Bhavan, Malviya Nagar, Bhopal Ph.: 0755-2673162, Fax: 0755-2673164

Tender No.: KE-14013-S Item Code: SMM 3001 Item: Chain Link Fencing Due date: 29.05.2014

Spec Chain Link Fencing 2014 1

Qualification criteria, specifications, instructions to tenderers and Special terms and conditions

This document is a part of tender document, wherein general terms and conditions of the tender are given. The bidders / tenderers are requested to go through both the documents before submitting the bid / tender. Item Name: CHAIN LINK FENCING Tender No: KE-14013-S Item Code : SMM 3001 A. Disclaimer B. N.I.T. C. Scope of Work D. Specification of Product E. Qualification Criteria E-1 Qualification Criteria (Commercial) E-2 Qualification Criteria (Technical) F. Instructions to Tenderers G. Bidding System H. Terms & Conditions I. Price/Commercial Bid/Financial Offer A. Disclaimer 1. Though adequate care has been taken in the preparation of this Tender Documents, the Tenderer

should satisfy himself that the Documents are complete in all respects. Intimation of discrepancy, if any, should be given to the below mentioned office immediately. If this office receives no intimation, it shall be deemed that the Tenderer is satisfied that the Tender Document is complete in all respects.

2. MPLUN reserve the right to reject any or all of the Bids submitted in response to this Tender at any stage without assigning any reasons whatsoever.

3. MPLUN reserves the right to change any or all of the provisions of this Tender. Such changes would be displayed on portal at corrigendum section.

B. Copy of the Notice Inviting Tender is enclosed at Annexure-A. B-1) The bids are invited under e-tender bid system and bidding process will have following steps:

Stages of Tendering Scheduled time Scheduled date Opening of EMD 15hrs 29.5.2014 Opening of Pre Qualification and Technical Bid

16 hrs 29.5.2014

Opening of price bid 15hrs 05.06.2014 (tentative) Each stage will take place on the date and time mentioned against them. The registration fee Rs. 2,500/- for S.S.I. Unit of MP and Rs. 3,500/- for others than S.S.I., and an amount of EMD/PG Rs. 25,000/- will be paid through DD in favour of Madhya Pradesh Laghu Udyog Nigam Ltd payable at Bhopal before the last date & time of bid submission. The letter of payment should be addressed to:-

Manager (Tender)

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Marketing Department MP Laghu Udyog Nigam Ltd Panchanan Bhawan, TT Nagar Bhopal 462003

C. Scope of Work

The tender is issued for procurement of above item under annual rate contract system for supply to various Govt. Departments of Govt. of M.P. D. Specification of Product Specification of the desired product are enclosed at Annexure -I. E. Qualification Criteria Qualification criteria of the tender is enclosed at Annexure II. F. Instructions to Tenderers The tenders are invited under e-tendering system from the manufacturers only to participate in this tender. The tenderers are required to carefully read the general terms and conditions of the tender, along with special terms and conditions and submit the document on website only after affixing their digital signatures as a token of acceptance. All Tender Documents shall be uploaded in JPG or PDF format only, in minimum resolution of 600 DPI. Document uploaded in other format will not be considered.

Scanned copies of all desired documents mentioned in Qualification Criteria and EMD must be uploaded on website. Tenderer must submit hard copies of complete technical bid including qualification criteria and related documents/technical literature/Boucher duly attested except Price Bid along with proof of EMD and Web site registration fee. These documents must be dropped in e-Tender drop box placed at Ist floor of Panchanan Bhawan, Malviya Nagar, Bhopal, before last date and time of bid submission.

All documents uploaded on web site must be clear and readable. In case of any non clarity of uploaded documents or any dispute over documents uploaded online in E-Tender, the hard copies submitted by the tenderer shall be treated final. Tenderers are advised to upload their Bids well in time without waiting for last date of Bid submission in order to avoid congestion or any other unforeseen circumstances. G) Bidding System The tender is invited under two bidding system, i.e. Technical Bid and Price Bid. First of all the EMD will be opened, thereafter the technical bid shall be opened and will be evaluated as per the specifications, terms and conditions. The price bid of only those eligible bidders, who are found to be responsive as per the specifications, terms and conditions will be opened for which separate date will be intimated to the tenderers through website. G.1) Technical Bid The technical bid consists of EMD, Qualification Criteria and technical specification of the desired product.







The bidder shall also submit the specification's compliance / deviation report duly filled, signed and clearly bring out the deviation from the specification if any, in Annexure -I.

G.2) Returns and certificates to be submitted along with technical bid.

Details of quoted products without mentioning the price – Annexure – III Affidavit on Non-Judicial Stamp paper that unit has not been debarred/blacklisted, in Annexure – IV Vendor Enrolment Form (Information to be submitted by the manufacturer for Feasibility Study)

Annexure - V Declaration/Undertaking – Annexure – VI

If desired document / information is not submitted with the technical bid then tender will be rejected outright and no document / information will be accepted later on.

G.3) Price Bid:-

Quoted price shall be (inclusive of Excise Duty, Custom Duty, Transportation, Insurance, Loading-

unloading, Warranty, MPLUN service charge, inspection charges, service tax on service charges & inspection charges and any incidental charges, but exclusive of CST / VAT which should be quoted extra (Annexure III. form [I])

Rates should be filled-in prescribed price schedule available in Portal, price schedule should not be submitted in Technical Bid otherwise, tender shall be rejected. i. It will also be the responsibility of the Vendor to inform and pass on the benefits due to Statutory /

Budgetary reduction in Excise and Custom duty, immediately after its publication in the Gazette. After one week of publication of Gazette the MPLUN shall be free to revise the price (s) and the Vendor will be bound to accept the revised price applicable from the date of Notification in the Gazette, else their EMD / Performance Guarantee shall be forfeited and action for black listing/debarring the Vendor / Company may also be taken.

ii. Bidder already in the rate contract with MPLUN shall have to give an undertaking, that they don't

have any dues with MPLUN and their declaration to allow MPLUN to recover the dues if any from the new securities.

3. Inspection: The material will be inspected before delivery by Technical Deptt. of MPLUN. 4. Fixed prices:

The prices quoted / accepted will be binding till the complete supply. Any increase in the price will not be entertained till the completion of this tender period. 5. Demonstration:-

The tenderers are required to demonstrate the equipment if required on receipt of information / date after the technical evaluation of offer is carried out by MPLUN. The price bid of only those bidders will be opened whose samples will be found as per specification by the technical committee.







6. Competitive prices & fall clause:- The rates submitted should be supported with the prevailing market rates of the Chain Link Fencing

of similar specifications. In case the DGS&D rate contract or any other contract is available the same should be attached as evidence of the above. It is to be noted that as per tender condition the Fall Clause will be used if it comes to the knowledge that material has been supplied at lower price than what has been quoted to MPLUN. In case this condition is not fulfilled, the tender will be liable to be rejected. 7. The tenderer shall furnish a notarized affidavit in the format given in annexure -VI declaring that the bidder accepts all terms & conditions of the tender. 8. Tender Validity :-

Tender shall remain valid for 120 days after the date of bid opening. Bid valid for a shorter period will be liable to rejection. 9. Packing:- The supplier shall provide such packing of the goods as is required to prevent their damage or deterioration during transit to their final destination as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit and open storage. 10. Change of conditions:-

MPLUN reserves the right to change any or all of the provisions of this tender. Such changes would be intimated to all the bidders / tenderers procuring tender document.







ANNEXURE-I (To be submitted in the Technical Bid)

{D} SPECIFICATION OF CHAIN LINK FENCING (A) Chain Link Fencing: Chain Link Fencing shall be made of hot dip galvanized steel wire. Zinc coating shall be as per IS:4826:1979

& 6745:1972 (medium coating) with up to date amendments. The mass of zinc coating shall be as follows :-

Dia of Wire Minimum zinc coating

2.50 mm 110 gm/mtr.sq. 3.00mm 120 gm/mtr.sq. 4.00 mm 135 gm/mtr.sq. 5.00 mm 150 gm/mtr.sq.

The G.I.Wire shall be circular in shape, free from scales, irregularities, imperfections, flaws, splits. The zinc coating shall be smooth, even & bright. The chain link fencing shall be in two different heights (i) 2438 mm (8 ft.), (ii) 1219 mm (4 ft.). The Mesh size and diameter of wire used shall be as follows:-

Sr, no. Mesh Size Dia of G.I.

Wire Approx. Weight/Sq.Mtr.

1 a) 100x100mm (4"x4") 2.50 mm 0.90 kg b) 100x100mm (4"x4") 3.00 mm 1.20 kg c) 100x100mm (4"x4") 4.00 mm 2.26 kg 2 a) 75x75mm (3"x3") 2.50 mm 1.20 kg b) 75x75mm (3"x3") 3.00 mm 1.70 kg c) 75x75mm (3"x3") 4.00 mm 3.05 kg 3 a) 50x50mm (2"x2") 2.50 mm 1.65 kg b) 50x50mm (2"x2") 3.00 mm 2.50 kg c) 50x50mm (2"x2") 4.00 mm 4.80 kg 4 a) 25x25mm (1"x1") 2.50 mm 3.27 kg b) 25x25mm (1"x1") 3.00 mm 5.20 kg

Tolerances on diameter of wire shall be + 0.05 mm. G.I.Wire of same quality and gauge shall run through both the ends of chain link fencing. Tolerance on mesh size shall be + 2mm for 25x25mm + 3mm for 50x50mm & + 4mm for 75x75mm & 100x100mm

(B) Chain link fencing with frame: Chain link fencing shall be fixed in angle iron frame to form a compact unit. Mesh size shall be 100x100mm

of GI wire of 3.0 mm dia and 1.50 meter height. The frame shall be of two types as follows:-

(a) For the Chain Link fencing, angle iron frame shall be of size 1.5 x 1.5 mtr. in which Chain Link shall be fixed/welded with the help of MS flat of 18 x 3 mm on all four sides.

The vertical post of angle iron frame shall be extended for 0.6 mt so that total height of the vertical post shall be 2.10 mt. the vertical post shall be of 50 x 50 x 4.5 mm (Min.) The horizontal section of the frame shall be of size 1.5 mt made from 32 x 32 x 4.5mm (Min.)

(b) The Chain link shall be fixed welded in angle iron frame of size 1.5 mt x 1.5 mt. All the four sides are

made from 32x32x4.5mm M.S. Angle. The chain link shall further be reinforced by M.S. flat of 18x3mm on all four sides. This frame shall act as add on to the frame mentioned in (a) above. Alternatively 'a' & 'b' frames are welded tighten to increase length of Chain link fencing as per requirement of consignee.







Painting: The frame shall be painted by red oxide primer. Packing: The manufacturer shall provide following information in the form of a label on the roll.

(1) Manufacturer's name/Trade mark (2) Mesh size (3) Weight of the bundle (4) S.O. No. & Date. (5) Name of consignee. Inspection: This item shall be inspected by Tech. Deptt. of MPLUN, before despatch.

Terms & Conditions:- 1. Supplied material shall have one year Guarantee/Warrantee against manufacturing defect,

faulty raw material and for zinc coating from the date of supply of material. 2. The unit shall arrange for galvanization test certificate of galvanized wires used in manufacturing,

quarterly or against each purchase of raw material, provided by the supplier of G.I. wire to ensure that the mass of zinc coating meets the minimum requirement given in the I.S. specification. The supplier shall provide such test certificate to the inspecting authority, when demanded, during the inspection.

3. At the time of inspection, a sample shall be drawn by inspecting authority for S.O. value more than 03 Lakhs for checking the mass of zinc coating, through any Govt./Semi Govt./NABL or BIS recognized testing lab. The charges for the same shall be borne by the unit. The unit shall quote their rates considering these expenses.

.

MANAGING DIRECTOR

M.P.LAGHU UDYOG NIGAM LTD.







ANNEXURE-II

(E-1) QUALIFICATION CRITERIA (Commercial) (To be submitted with Technical Bid) Sr No.

Criteria Mention Compliance Yes/No

1 EMD must be dropped in the E- Tender drop box, placed at Ist floor Panchanan Bhavan, Malviya Nagar, Bhopal on or before the time & date of submission. (D.D./ Copy of M.R. shall be dropped in the E- Tender drop box, placed at Ist floor Panchanan Bhavan, Malviya Nagar, Bhopal on or before the time & date of submission)

DD/MR No./Date ---- Bank ----------- Rs. ------------

2 Website registration fee shall be Rs. 2,500/- in case of SSI of M.P. & 3,500/- in case of others. (D.D./ Copy of M.R. shall be dropped in the E- Tender drop box, placed at Ist floor Panchanan Bhavan, Malviya Nagar, Bhopal on or before the time & date of submission)

DD/MR No./Date ---- Bank ----------- Rs. ------------

3. TIN No. :. . . . . . . . . (with document)

4. PAN No. . . . . . . . . . (with document)

5. Affidavit for Compliance of Tender Conditions: Affidavit on Stamp Paper regarding compliance to tender specification and Terms & Conditions (as per proforma D-II).

The bid not fulfilling above criteria will be rejected







ANNEXURE-II (E-2) QUALIFICATION CRITERIA (Technical) (To be submitted with Technical Bid) Sr. No.

Criteria(Technical) - Documents on e-portal Compliance Yes/No

1. Manufacturing registration certificate In case of Micro & Small Units: Acknowledgement EM Part-II issued by DTIC / DIC registration along with copy of annexure for the tendered item.

2. Feasibility report issued by MPLUN / DGS&D Registration certificate for tendered item, not more than three years before the due date of tender, in favour of manufacturer OR Desired information for feasibility study (in VENDOR ENROLLMENT FORM at annexure D-1 in tender document) & Feasibility Fees (Rs. 1000/- plus applicable service tax, in case of M.P. State Units in form of DD in favour of MPLUN Ltd.) be submitted. In such cases unit will be verified before rate contract agreement.

IMPORTANT INFORMATION FOR BIDDER: 1. Documents required at e-portal must be clearly readable. 2. List of documents to be submitted as hard copy:

i) Duly signed photo copy of documents desired at E-1 (Qualification Criteria -Commercial).

ii) Duly signed photo copy of documents desired at E-2 (Qualification Criteria -Technical).

iii) Duly signed tender documents, Terms and Condition and Specification etc.

PLACE: Seal & Signature of tenderer

DATE:







(H) Terms & Conditions:

Sl. No.

Conditions Compliance Yes/No

1 SSI Manufacturer for particular item Registered in DTIC (M.P.) will be eligible to participate in the tender for supply of items on annual rate contract basis.

2 Tenderers have to deposit Rs. 25,000/- as Performance Guarantee/EMD 3 Please submit desired Document/ information along-with technical bid

compulsory failing which tender is liable to be rejected and no such document information shall be accepted later on

4 If the tenderer is either penalize or their marketing assistance is stopped by any Govt./Semi Govt. Deptt/Institution or Public Sector Undertaking then they are not entitled to participate in this tender during the penalty period. In the cases where period of penalty is not clearly specified then that period is treated 2 years. The tenderer must be given an undertaking that they are not penalized or their marketing assistance is not stopped.

5 As per Instruction given in M.P. Govt. store purchase Rule No. 14 Note -7 While distributing the order among agreemented units the Capacity, location, past performance and pending supplies of the units shall be considered.

6 Since, the tenders are invited for Rate Contract, the volume of business, under item code, carried out by MPLUN, for the information of Bidders, during last three financial years is as follows:

Year 2011-12 Rs. 844.34 lacs Year 2012-13 Rs.1001.53 lacs Year 2013-14 (Upto Feb. 2014) Rs.1330.30 lacs The above detail is merely for the information of the bidder and the quantum of business for forthcoming Rate contract shall depend upon the requirement from Govt. Departments.

7 The unit which offers the lowest rates (L-1) will get preference to place supply order in their favour considering their capacity, Distance, Location, Past performance and pending supplies

8 Unit belonging to SC/ST category (in M.P.), if available in the rate contract, shall get 30% quantum of total supplies looking to their capacity, past performance and pending supplies.

9 The unit quoting rate higher than 25% of L-1 in case of SSI units of M.P. and higher than 10% of L-1 in case of units outside M.P., shall normally not be allowed to execute rate contract with MPLUN. However in exceptional cases, where there is sufficient justification, M.D. has discretion to allow execution of rate contract on approved rate with any other unit.

10 The rates shall be applicable for one year from the date of issue of rate list.

11 Provisions of Store Purchase Rules (as amended from time to time) and the State Government's Circular No.F 12-2/94/11/A dated 05/04/1995, Circular No. F 12-40/92/11/A dated 04/09/1992 and Circular No. F 6-8 /03 /11-A dated 19/02/2003 may be applicable, as and when required.

12 Chain Link Fencing will have guarantee/ warranty for a period of 12 months from the date of receipt of stores by the consignee.

13 Tenderer should furnish rates and information separately for accessories,







if any required additionally. 14 Deviation from tender specification, tender conditions etc. must be

clearly mentioned and should be indicated wherever applicable against the tender specification.

15 Tenderers should submit a checklist indicating the matching of specification of quoted model with the tender specification, failing which their offer shall be liable for rejection.

16 All the specification should be filled in format provided in Technical specification of LUN.

17 Pre-delivery of Chain Link Fencing shall be carried out by Technical Deptt. of MPLUN.

18 All the documents must be self attested by the tenderer. 19 Please follow the instructions as mentioned in terms & conditions. 20 The equipment shall be supplied with all standard accessories as

mentioned under each item in main tender.

21 Tenderers those are having Rate Contract with DGS&D or any other Govt. Departments are required to submit copy of the same with this tender offer.

OTHER REQUIREMENTS RELATED WITH GOODS: 22 Durability: All material used in fabrication shall be as per

national/International norms prevailing in the field.

23 Packing: Chain Link Fencing should be packed in appropriate box for safe Transportation and storage.

24 Accessories: Detailed information for necessary accessories to be supplied with the Chain Link Fencing should be provided

25 Precautions:. All the tendering units must provide literature containing all precautions related with safety measures at least in two languages Hindi & English.

26 Marking: Each packing shall be marked with the following

a. Manufacturers name and trade mark b. Supplied through MPLUN 27 The MD, MPLUN reserves the right to accept any tender, in part or

full, irrespective of lowest quote, or reject any one or all tenders, without assigning any reason.

28 We have read the above Terms & Conditions carefully and accordingly prepared the tender. We also agree to strict adherence of above including all tender conditions.







ANNEXURE-III [I]

(To be submitted in Price Bid) PRICE/COMMERCIAL BID/FINANCIAL OFER

(PRICE-BID) Quoted rates should be inclusive of excise duty (net rate of excise duty after passing on the

MODVAT benefit) LUN’s Service charges @2%, Inspection charges @ 0.5%, service tax as applicable on LUN service charges and inspection charges, but exclusive of VAT and other levies which should be shown separately. Please give break up of the rates in proforma enclosed. For details refer condition No. 10 of tender document.

DETAILS OF SUB ITEM Sl.No.

Code Brief description of the sub item Rates(As per clause No.10 of tender

document)

Unit

Local Rate F.O.R. Rate 1 SMM 300101 1 (a) CHAIN LINK FENCING MESH

SIZE 100X100MM (4"X4") 2.50MM (12 SWG) DIA GI WIRE. APPROX. WEIGHT PER SQ.MTR. 0.90KG

Per Sq.mtr.

2 SMM 300103 1 (c) CHAIN LINK FENCING MESH SIZE 100X100MM (4"X4") 4.00MM (8 SWG) DIA GI WIRE. APPROX. WEIGHT PER SQ.MTR. 2.26KG

Per Sq.mtr.

3 SMM 300104 2 (a) CHAIN LINK FENCING MESH SIZE 75X75MM (3"X3") 2.50MM (12 SWG) DIA GI WIRE. APPROX. WEIGHT PER SQ.MTR. 1.20KG

Per Sq.mtr.


Per Sq.mtr.

5 SMM 300107 3 (a) CHAIN LINK FENCING MESH SIZE 50X50MM (2"X2") 2.50MM (12 SWG) DIA GI WIRE. APPROX. WEIGHT PER SQ.MTR. 1.65KG

Per Sq.mtr.


Per Sq.mtr.

7 SMM 300110 4 (a) CHAIN LINK FENCING MESH SIZE 25X25MM (1"X1") 2.50MM (12SWG) DIA GI WIRE. APPROX. WEIGHT PER SQ.MTR. 3.27KG

Per Sq.mtr.

8 SMM 300112 B (a) CHAIN LINK FENCING 100X100X3.00MM WITH FRAME OF ANGLE 50X50X4.5MM & 32X32X4.5 MM & SIZE 1.5 X 1.5 MTR. AND VERTICAL POSTS OF 2.1 MTR. HEIGHT.

Each

9 SMM 300113 B (b) CHAIN LINK FENCING 100X100 X3.00MM WITH FRAME OF ANGLE 32X32X4.5MM OF SIZE 1.5X1.5 MTR.

Each

10 SMM 300114 1 (b) CHAIN LINK FENCING MESH SIZE 100X100MM (4"X4") 3.00MM (10 SWG) DIA GI WIRE APPROX. WEIGHT PER SQ.MTR. 1.20KG

Per Sq.mtr.







11 SMM 300115 2 (b) CHAIN LINK FENCING MESH SIZE 75X75MM (3"X3") 3.00MM (10 SWG) DIA GI WIRE APPROX. WEIGHT PER SQ.MTR. 1.70KG

Per Sq.mtr.

12 SMM 300116 3 (b) CHAIN LINK FENCING MESH SIZE 50X50MM (2"X2") 3.00MM (10 SWG) DIA GI WIRE. APPROX. WEIGHT PER SQ.MTR. 2.50KG

Per Sq.mtr.

13 SMM 300117 4 (b) CHAIN LINK FENCING MESH SIZE 25X25MM (1"X1") 3.00MM (10 SWG) DIA GI WIRE. APPROX. WEIGHT PER SQ.MTR. 5.20KG

Per Sq.mtr.

Note:

1. The Bidder shall attach a copy of above rate Performa duly filled in with the details of quoted items. There must be clear mention of “Quoted” or “Not Quoted” in the column of Price, against each item Instead of mentioning the price, else the item(s) without any mention shall be treated as not quoted and rates for such items shall not be opened.

2. This format of price schedule is a sample for the Bidder's. The bidder's are instructed to fill the rates in prescribed price schedule available on Portal. Price schedule should not be submitted in Technical Bid, otherwise tender shall be rejected.

Place: Date: Signature of Authorized Signatory ………………….. Name ……………………………………………… Designation …………………………………….

Seal …………………………………………..







ANNEXURE-IV

AFFIDAVIT (On Non-Judicial Stamp paper duly notarized)

We hereby declare that we have not been debarred/blacklisted/penalized by any Government Departments or Govt. Undertaking, or marketing assistance has been stopped / withheld.

Name & designation of the authorized signatory







ANNEXURE-V (D-I)VENDOR ENROLLMENT FORM

(Information to be submitted by the Manufacturer for Feasibility Study) Name of Proprietor / Partners / Directors

Designation of Concern Person

Name of the Firm / Unit / Company

Legal Status of the Firm / Unit / Company

Type of Business Office Address Factory Address Office Phone No. Mobile No. E-mail ID Gross Annual Sales / Revenue

Details of Products for which Enrolment is desired

Sl. No

Name of Products(s) Date of Commencement of Production

Registered Capacity

1 2 3 4

Industry's Registration Details

Permanent Registration no. of DTIC OR Entrepreneur's Memorandum No. Issued by DTIC (EM Part - II)

Date

Details of Main Machines Installed for Production of items for which Feasibility Study is required.

Sl. No

Name of Machine(s)

Type / HP Qty. Year of Purchase

Contd. ... 2







-2-

Details of Main Testing facilities Installed for testing of items for which Feasibility Study is required.

Manpower For Production In Numbers For Quality Control In Numbers For Office Staff In Numbers

Electric Power Domestic/Commercial / Industrial Capacity in HP-------- Electricity Phase Single Phase / Three Phase DG Set Yes/No. If yes, mention capacity HP/KW Land / Building / Shed Total Plot / Land Area Sq.Ft.

Administrative Sq.Ft. Production Shed Sq.Ft.

Ownership Owned / Rental Turnover : Last Two Years Year Turnover

Year Turnover Quality Certification BIS License No. Date

Any other license No. Date Feasibility Report Carried out By M.P.L.U.N.

Date

DECLARATION

I hereby declare that information submitted in the prescribed format is true and correct. If MPLUN finds any information false or we unable to submit original document on demand, the MPLUN has full right to take appropriate/legal action against us.

Seal & Signature of Units

Note: Tenderer shall submit the necessary documents in support of above details







ANNEXURE-VI

(D-II) COMPLIANCE OF TENDER (AFFIDAVIT)

DECLARATION/UNDERTAKING (To be submitted on stamp paper duly notarized)

I/We, _____________________M/s _________________________ represented by its

Proprietor/ Managing Partner/Managing Director having its Registered office at

_______________________________________________________ do declare that I/We have

carefully read all the conditions of Tender No. ____________ for supply of Chain Link Fencing

(Name of item) floated by the Madhya Pradesh Laghu Udyog Nigam Ltd., Bhopal - 462 003 and

accepts all conditions of Tender. We have quoted the rates as per tender specification and terms &

conditions.

I/We agree that the M.P. Laghu Udyog Nigam Ltd. can take action as per tender condition,

if any information furnished by us proved to be false at the any time of inspection/verification or

not complying the tender conditions.

Signature : Name & Designation : Address : Mob. No.

Seal To be attested by the Notary







GENERAL TERMS AND CONDITION OF THE TENDER

THE MADHYA PRADESH LAGHU UDYOG NIGAM LIMITED (M.P. Government Undertaking)

23, Shopping Centre, New Market, T.T. Nagar,

Bhopal – 462 003







G. GENERAL TERMS AND CONDITIONS OF THE TENDER 1. SALE OF TENDER

1.1 Tender forms with specifications of the items, materials and conditions (if any) can be downloaded from the site https://mpeprocurement.com free of cost after registering on the site. No separate fee will be payable for purchase of tenders. The registered vendor who have paid annual registration fee can participate in all the tenders invited during a year. The tenders are to be submitted electronically on the site for which all the tenderers are required to obtain digital certificate of Class II b/Class II a through the site https://mpeprocurement.com or from open market from any of the CCAs (Controller of Certifying Authority India)

The registration fee Rs.2500/- in case of SSI of MP and Rs.3500/- in case of others is to be paid through draft in favor of M.P. Laghu Udyog Nigam Ltd., payable at Bhopal before Submission of the Bid. And the details of the payment be entered into the document, failing which bid will not be processed.

2. ELIGIBILITY FOR THE TENDERS 2.1 Fulfilling the following conditions will make a vendor eligible to participate in the tender:- 2.1.1 a) The tendering unit should be existing, working and registered with Directorate of

Industries M.P. as a S.S.I. Unit. b) In the case of all India tender, the registered SSI unit, medium and large units of

M.P. and outside state units or their authorized partners, specifically authorized to participate in this tender with relevant documents, registration certificate, authorization or any other certificate.

2.1.2 The unit should not have been debarred from getting any assistance/SSI facilities/concessions by Industries Department, DC (SSI)/MPLUN or any other competent authority.

2.1.3 The units categorized in Category 'C' or found infeasible by the Technical Department of MPLUN, will not be eligible to participate in the tender.

3. INSTRUCTIONS FOR QUOTING IN THE TENDERS 3.1 Rates should be quoted only for specification as given in NIT / Tender. 3.1 All tenders should be submitted online at the website https://mpeprocurement.com before

the designated date and time of submission. 3.2 SIGNING OF TENDER

The person uploading any documents or submitting information connected to a rate contract has to use his/her Digital certificate to sign the respective data. Also during registration, the vendor registering himself has to specify the following details:- 1. A sole proprietor of the firm or constituted attorney of such sole Proprietor. If he

holds a Power of Attorney his signature must be, attested or authenticated by a Notary.

2. A partner of a firm of constituted attorney of the firm. Partnership Deed (or General Power of Attorney) as the case may be, should be submitted along with the tender.

3. A director of incorporated company duly authorized for the purpose.


https://mpeprocurement.com/

http://mpeprocurement.com/






4. The manufacturers belonging to SC/ST category have to submit caste certificate issued by the Sub Divisional Magistrate of District, along with registration certificate issued by the District Trade and Industries Centres.

3.3 Each page of the tender, schedule to tender and Annexure, if any, is signed by the tenderer using his/her Digital Certificate.

4. DELIVERY OF TENDER All vendors have to ensure proper delivery of tender before the scheduled date & time as specified in the tender document and on the website https://mpeprocurement.com

5. OPENING OF TENDER

Tendering firms are at liberty to be present or authorize a representative to be present at the opening of tender at the time and date as specified in the NIT. In case the date of opening is declared a holiday, the same shall be stand extended to the next working day automatically.

6. DRAWINGS, SPECIFICATIONS AND OTHER CONDITIONS IF ANY

If the tendering unit has any doubts about the meaning of any of the conditions, or the specifications and drawings, it shall be represented before submitting the tender to the MPLUN in the website in the form on online query’s to MPLUN in order to remove doubt.

7. RESPONSIBILITY FOR COMPLETENESS OF ITEM SUPPLIED

Any fittings or accessories which may not be specifically mentioned in the specifications but which are essential and necessary are to be provided by the supplier unit without extra charges.

8. SAMPLE Where a sample is required under the terms of the tender, the unit shall submit the sample Free of cost within the time specified in the tender. Samples submitted should be clearly labelled with the unit's name and address product name and tender No. against which the sample is submitted.

9. RATE AND VALIDITY

Clarifications regarding LUN service charges, excise duty, VAT, FOR destinations etc.

9.1 The rate should be quoted only in prescribed proforma given along with the specification / tender documents.

9.2 The rates quoted FOR any destination in M.P. must include Excise Duty, packing, forwarding, loading, unloading, transit insurance, and LUN service charges (Inspection charge and service Tax), wherever rates are quoted exclusive of excise duty and sales/VAT tax, the tenderer must indicate the rates of excise duty and sales / VAT tax applicable at the


http://www.mpeprocurement.com/






time of quoting. The offered rate must be as per the rate proforma given along with the Tender / NIT.

9.3 LUN service charges as indicated in the NIT will be payable on advalorem basis i.e. on the total value of the order except in cases where rates are quoted as excise, sales, VAT extra.

9.4 Local Rates shall, mean supplies within the municipal area of the manufacturing town and FOR destination shall mean the Railway Station / Motor Transport office nearest to the consignee.

9.5 Tendering firms should clearly indicate the period for which their offers should remain open for acceptance. In the absence of such indications in their tender, it will be assumed that their offer will remain open for acceptance for the period specified in the tender or for a minimum period of one year from the date of opening of the tenders.

9.6 Units quoting lowest rates in the tender will be given preference in order placement along with other considerations.

10. DOCUMENTS REQUIRED ALONGWITH TENDERS

The tenderer should furnish the following documents online, along with his bid. The documents will be opened first and of the any of documents is not in order or is not available; the remaining tender documents shall not be opened.

11. REGISTRATION CERTIFICATE & COMPETENCE CERTIFICATE

(a) Registration Certificate issued by the Industries Department /Competent authority of

M.P. for the item for which the tender has been called for. Only permanent registration certificate issued by the Industries Department will be acceptable.

(b) Valid Competency Certificate issued by the Directorate of Industries for the tendered item. Units not able to furnish the required competency certificate as above shall have to deposit Rs. 5,000/- as security deposit and may get only trial orders till such time as the supplies made by them are deemed satisfactory by the Laghu Udyog Nigam. The required amount should be deposited either in cash and receipt attached with the tender or in the form of Bank Draft in favour of "M.P. Laghu Udog Nigam Limited, Bhopal" Cheques are not acceptable towards Security Deposit and such tenders which are accompanied by cheques are liable to be rejected.

(c) Valid Income Tax, M.P. Sales Tax/ VAT Clearance Certificates or an undertaking by the tendering unit in form 'U' to the effect that in case of any Income Tax or Sales Tax/VAT dues being recoverable, adjustments / deductions shall be made at the time of payment of the bills of the tendering unit.

11.2 EARNEST MONEY Tenderers shall have to Deposit the required Earnest Money/ Performance Guarantee along with their offer strictly in accordance with the instructions given in the NIT before Submission of the Bid. Both as to the amount and mode of payment which may be in any of the following forms:

11.2.1 Cash which should be deposited in the Head Office

Of LUN and the money receipt should be enclosed with the tender. 11.2.2 Crossed Bank Draft in favor of M.P. Laghu Udyog Nigam Limited, Bhopal







11.2.3 Bank Guarantee from any branch in M.P. of any nationalized / public sector bank valid for 15 months from the date of opening of tenders in the enclosed specified form.

Cheques are not accepted towards Earnest Money Deposit/ Performance Guarantee and

such tender which are accompanied by cheques are liable to be rejected. 11.3 SECURITY DEPOSIT AND PERFORMANCE GUARANTEE

11.3.1 The Earnest Money deposited by the tender, whose tender is accepted, shall be treated as Security Deposit/ Performance Guarantee, which will be refunded on expiry of contract period/warranty period subject to deductions etc. if any.

11.3.2 Any compensation or other sums payable by the tenderer to the MPLUN under the terms of the contract shall be deducted from the Security Deposit / Performance Guarantee of the tendering firm or any sum which may become due from the tendering firm to MPLUN on any account whatsoever.

11.3.3 In the event of the Security Deposit / Performance Guarantee being reduced by reason of such deductions, the tendering firm shall within 10 days of the receipt of intimation of such reduction, deposit the difference with MPLUN Bhopal either in cash or in the form of D.D. failing which the tendering unit is liable to forfeit the balance of its Security Deposit / Performance Guarantee and the contract may be terminated.

11.3.4 In case of failure to execute agreement/supply the items on the quoted rates by a tendering firm security deposit / E.M.D. performance guarantee of the tenderer will be liable for forfeiture.

11.4 Only Small Scale Industrial Units of M.P. having valid Competency certificate and duly registered for the item as specified in the NIT, with the Industries Department Madhya Pradesh are exempted from payment of Earnest Money. SSI units seeking exemption on the above ground must enclose scanned attested copies of SSI Registration Certificate along with the offer while filling up the online bid. Tenders not received with these documents shall be liable to be rejected. However, performances guarantee either along with the tender or while executing the rate contract will have to be submitted by SSI units of M.P. whenever specifically mentioned in NIT. This will be in the form of a Bank Guarantee / D.D. / cash from any branch in M.P. of any nationalized public sector bank, in the format prescribed by MPLUN.

11.5 All EMD and Performance Guarantee deposited with MPLUN shall be free of Interest i.e. no interest will be payable on any deposits.

12 RATE CONTRACT / AGREEMENT 12.1 OFFERS FOR AGREEMENT

After finalization of the rates by the Marketing Committee of MPLUN on the basis of offer received in tenders enquiry, the approved rates will be offered to units for agreement. The units whose rates are accepted will have to sign the agreement within 7 days or given in offer letter of the receipt of the communication, failing which the earnest money/ performance guarantee may be forfeited.

12.2 DOCUMENTS REQUIRED FOR RATE CONTRACT







Following documents duly filled are required for execution of the rate contract agreement and shall form a part of the agreement:-

(a) Notice Inviting Tender (b) Tender Form (c) Rate Sheet (Form-1/Proforma supplied with tender) (d) Specification and the technical particulars (e) Any other terms and conditions given along with the tender / NIT. (f) Form F-proforma for unit's bio-data. (g) Agreement forms (on Non-judicial stamp paper of denomination applicable as per rules) (h) Form-U (Income Tax/Sales Tax/ VAT declaration) (i) Rate annexure issued by MPLUN

12.3 In case of any change in the constitution / location of the tendering unit and manufacturing

premises of the unit the same shall be intimated to MPLUN forth with. Any communication sent on the address given in the tender, shall be deemed to have been properly and correctly sent and shall be binding and effective.

13. ORDER PLACEMENT AND PAST PERFORMANCE

13.1 MPLUN reserves the right to distribute orders amongst the units under Rate Contract considering the rates, location, capacity of the unit, destination of supplies and performance.

13.2 Units located outside Madhya Pradesh, but having their sales depots in Madhya Pradesh and registered with M.P. Sales Tax/ commercial Deptt. will be given preference in order placement over other units located outside the State.

13.3 MPLUN reserves the right to place orders for full requirement with any tenderer or split the orders amongst more than one tenderer.

13.4 As per Store Purchase Rules 30% preference in purchase will be given to industrial units belonging to Schedule Caste / Schedule Tribe category of the State who are duly registered with DTIC.

13.5 The period of the rate contract / agreement will be as specified in the validity period clause of the agreement

14. PAST PERFORMANCE

The tenderer / SSI unit shall submit, details of its registered capacity, turnover on demanding by MPLUN for last 3 years. Past performance is essential for certain items. If the tenderer does not possess the required experience for the manufacture of that item, his tender may not be considered. Wherever required in the tender, the supplier shall have to produce proof of possessing experience in the manufacturing and supply of the materials / items / equipment tendered. It may have to produce a list of supplies made during the last three years of such items / equipment supplied to any Government Department/others.

15. DELIVERY AND RECEIPT







15.1 Time and date specified for delivery in the supply order are deemed to be the essence of the contract and the tenderer shall arrange to supply the material within the stipulated time on receipt of firm order.

15.2 The date of receipt of materials at consignee or store/site shall be treated as date of supply for the purpose of reckoning the delivery period.

15.3 On receipt of supply order, the supplier shall inform the consignee regarding the time and place at which the deliveries shall be made for the materials being received and approved receipt (in duplicate) shall be obtained by him and no material shall be considered as delivered until it has been accepted and a proper receipt granted. The delivery shall not be considered as complete until the supplier shall have removed all rejected articles and materials and have supplied the full quantity of approved materials mentioned in the supply order. Part supplies may also be accepted, if agreed to by the purchase department or MPLUN, and payment against such part supplies shall be arranged accordingly.

15.4 Schedule of deliveries mentioned in the supply order shall be strictly adhered to. In exceptional circumstances, MPLUN may at its discretion, revise the delivery schedule. The supplier shall however have no claim OR right to Alter the schedule. Failure to abide by the schedule shall render the supplier liable for penalties as per clause 23.

16. TRANSPORTATION AND DAMAGE ETC.

The supplier shall be responsible for proper packing of the materials as per the conditions of tender for transport by rail / road so as to prevent loss/damage due to handling.

17. TRANSIT INSURANCE

The loss / damage to the materials, whether insured or not, or any part thereof during transit shall be replaced / made good by the supplier/tenderer within the given time. If the supplier/tenderer fails to do the same, the consignee shall be free to make it good/obtain replacements at the supplier’s/tenderer's cost from any other source.

18. RISK OF STORES

The stores and every constituent part thereof, whether in possession or control of the authorized person of the tenderer, his agents or with his servants, or with the carrier shall remain in every respect at the risk of the supplier’s/tenderer till actual delivery (against proper receipt) to the consignee at the destination.

19. PRICE VARIATION / ESCALATION

19.1 The price quoted shall remain firm during the currency of rate contract. However, depending on the formula for price variation. MPLUN may consider a variation resulting from : a. Statutory variations regarding customs / excise/sales tax etc. on finished

goods. b. Any other statutory levy imposed by the Central Govt. / State Govt. or any

other Govt. body on finished goods.







c. Any major / unprecedented change in prices of raw materials. 19.2 For price revision/escalation, the tenderer has to provide complete details and formula. 19.3 The Variation shall be approved by the marketing committee/purchase committee.

20. SETTLEMENT OF CLAIMS

Claims for losses, shortages, breakages, if any in transit are to be settled by the consignee with the supplier directly under intimation to MPLUN as follows:-

20.1 Consignee's claim shall have to be submitted within 60 days from the date of receipt

of materials positively duly supported with documents/carrier's certificates and consignee's certificate for packed cases etc. under intimation to MPLUN otherwise the claim shall not be entertained.

21. REPLACEMENT OF DEFECTIVE STORES If during the execution of the supply orders LUN or the purchaser or their representative shall

notify in writing to the tender that the item/items being manufactured are in any way unsound or imperfect or that he has supplied any material inferior in quantity or quality to those specified, the supplier on receiving details of such defects or deficiencies, shall at his expenses within the specified time remove the deficiencies or replace such defective material. In case the supplier fails to do so, MPLUN or the purchasing department can proceed to remove the defective materials or items and/or replace all such materials at the cost of the supplier.

22. TESTING & INSPECTION

22.1 Representatives of MPLUN or its authorized persons shall be provided all facilities in respect of inspection of raw material/materials OR articles during manufacturing process and finished goods stage by the tenderer. No claim or damage on account of the said inspection shall be payable.

22.2 The Inspecting Officer shall have the right to reject any materials or object to the process of manufacturer and suggest improvements, within the purview of accepted specification and the tenderer shall be bound by his advice.

22.3 Inspection by the officer shall not entitle the tenderer to claim approval of all the goods delivered to the department. Nor he shall be absolved for his obligations pertaining to quality specification. MPLUN shall have the right to reject any material not conforming to the specifications at the time of supply.

22.4 In such cases where materials are required to be inspected by DGS&D/BIS or any other agency appointed by MPLUN the unit shall inform MPLUN whether testing facility is available in the factory.

23. PENALTY LIQUIDATED DAMAGE RISK PURCHASE In case of breach of any of the conditions of the agreement or delay in supply or failure to supply at is own quoted rates/contracted rates, MPLUN may at its option, take any or all of the actions detailed below:-







23.1 Recovery from the tenderer/supplier liquidated damages for delay / non supply @ 2% per month or part thereof calculated on the price of stores not delivered in the stipulated time up to maximum of 10% of such price.

23.2 Purchase from elsewhere on tenderer's/supplier Risk or Account the entire or the remaining items.

23.3 Forfeiture either wholly or the part of the earnest money Deposit/service charges/ security deposits.

23.4 Cancellation of contract. 23.5 Debarring of the tenderer/supplier from getting marketing assistance for such period

as may be decided at the sole discretion of MPLUN. 23.6 Taking of such other action against the tenderer/supplier including legal action for

breach of contract. 23.7 Levy of such penalties or with-held payment of such extent as may be decided by

MPLUN. 24. QUANTITY OFFER AND RAW MATERIAL SUPPORT

24.1 The quantity as and when indicated in the NIT is tentative and only may increase or

decrease to any extent. 24.2 Tenderers are requested to indicate item wise and quantity wise details of their

supply capacity during the contract period. 24.3 Quota certificate for any controlled articles required for the manufacture of stores

will not be arranged by MPLUN. The supplier will have to make his own arrangement for the procurement of such materials.

25. PAYMENT AND BILLING Mode of billing and payment for the supplies made by the tenderer will be decided by MPLUN in consultation with him and the purchasing department. The MPLUN is not a buyer as per the definition and provisions of "The interest on delayed payment to Small Scale and Ancillary Industrial Undertaking Act, 1993". MPLUN is only an intermediate agency of the State Govt. which provides its services to tenderers/SSI units as well as to the Purchase Departments. As such MPLUN is not liable for the payment of bill amount or interest in the event of payment being delayed by the Purchasing Department. The Purchasing Department of the State Govt. shall be the purchaser and are liable for the payment of bill amount and/or interest in the event of payment being delayed by the Purchasing Department or the Purchaser. The MPLUN shall not at all be liable and responsible for the delay in making payment by the buyer and cannot be impleaded as a party in case of any dispute or suit before any authority or the Court. The Purchaser shall include all Government Departments and the Public Undertakings and Local Bodies / Societies / Boards and Development Authority owned and controlled wholly or partially by the State Govt. / Union of India.







INDIRECT BILLING/ PAYMENT Under this procedure the supplier shall immediately after dispatching the materials to the consignee, present his bills to MPLUN in duplicate along with the following papers /documents:- (a) Receipt of goods by the consignee, duly signed and complete in all respects. (b) Inspection certificate issued by the appropriate inspection agency specified

in the order, such as MPLUN's own Technical Department, DGS & D, RITES/ Crown Agents, S.G.S. or any other agencies appointed by M.P.L.U.N.

(c) Such other documents as may be specified in the tender /supply order. On the basis of the supplier's bills MPLUN shall raise its own bills on the indenter / purchasing department without undue delay and make all efforts to obtain early payment. Payment to the supplier shall be made by MPLUN within 10 days of receipt of the payment of its bill from the Department concerned, after deducting:-

(a) LUN service charges as applicable on the total value of the bill (b) Sales tax/Commercial tax/VAT, local tax etc. as applicable. (c) Inspection charges wherever applicable. (d) Such other amounts that may be owed/ payable by supplier to MPLUN on

any account whatsoever. Payments shall ordinarily be made by MPLUN only through crossed Account Payee cheques drawn on Banks located in Bhopal. Outstation Demand Drafts may be issued at LUN's discretion at the supplier's request for which all bank charges shall be, to the supplier's account. In such case ; where payment received by MPLUN from the Purchasing department through outstation cheques / drafts all collection charges / bank charges borne by MPLUN shall be deducted from the payment made to the supplier. Deductions if any made by the Purchasing Department while making payment to MPLUN shall be to the supplier's account and payment thereof shall be made to the supplier only receipt of the same from the Purchasing Department.

25.2 DIRECT BILLING/ PAYMENT

25.2.1 MPLUN may authorize suppliers to raise their bills on the Purchasing Deptt.

and receive payment directly after executing necessary agreement with MPLUN.

25.2.2 In all such cases the supplier should raise bills directly on the Purchasing Deptt. and receive payments from them. For direct billing the units shall have to deposit MPLUN's service charges at the applicable rate in advance. Failure to do so will render the supplier ineligible to receive supply order.

25.2.3 Goods should be supplied only after inspection by the inspection agency specified in the tender / supply order.

25.2.4 The Purchasing Deptt. after receipt or goods in good condition and as per the specifications and terms etc. shall be liable to make the payments within 21







days. All correspondence / claims regarding payment of the bills or interest for delayed payments etc. should be addressed by the supplier directly to the Purchasing Department and MPLUN shall not entertain any claims in this regard.

26. SAFE CUSTODY OF GOODS SUPPLIED

MPLUN / Purchasing Department shall not be responsible for the safe custody of the materials rejected disapproved or supplied in excess.

27. DEPARTURE FROM TERMS & CONDITIONS/BREACH OF CONTRACT

27.1 The units under agreement with MPLUN are not authorized to supply materials

directly to the State Govt. or Semi Govt. organization at LUN rate contract rates. In case any such order is received by them directly on LUN rates, they are compulsorily be required to inform MPLUN about the same within 7 days from the date of receipt of order and LUN's service charges should be deposited immediately against all such orders received by them.

27.2 Suppliers opting for indirect payment / billing procedure shall not be entitled to receive payment directly from the Purchasing Deptt. and all such payments are necessarily to be routed only through MPLUN. If for any reason, the purchasing department makes payment of any amount directly to the supplier, the supplier shall immediately credit the amount in full with MPLUN with full particulars of the payment received. MPLUN shall thereafter make the payment to the supplier after making the necessary deductions.

27.3 Where the materials are required to be inspected as per supply order / tender the supplier shall not deliver/supplied any un-inspected materials and the supplier shall not be entitled to receive any payment there against. In case any payment is made and it is found that the material in question was not subjected to inspection as laid down, such payment shall be regarded as "wrongful payment" and MPLUN shall be free to call upon the supplier to refund the amount immediately.

27.4 Breach of contract will be liable for action under clause 23. 28. FALL CLAUSE

Prices charged for supplies under rate contract by the supplier should in no event exceed the lowest price at which he offers to sell or sells the stores of identical description to any other persons / party / State Govt. / Central Govt. / DGS & D/Public Undertaking during the period of the contract.

28.1 If at any time during the said period, the supplier reduces the sale price of such

stores or sells such store to any other persons / party / State Govt. / Central Govt. / DGS & D/Public Undertaking at a price lower than the price chargeable under the rate contract, he shall forthwith notify such reduction to MPLUN and the prices payable under the rate contract for the stores/materials supplied from the date of coming into force of such price send correspondingly reduced. The above stipulation shall however reduction shall not apply to:-







(a) Export by the supplier (b) For all contract entered into prior to the date of the tender or for any backlog

of pending orders. Within six months of the commencement of the rate contract and at the end of the

rate contract period a certificate in the following forms will have to be submitted by the tenderer: -







UNDERTAKING

I/We certify that the stores of description identical to the stores supplied to the Govt.

of M.P. under the contract herein have not been sold by me/us to any other persons / party / State Govt. / Central Govt. / DGS & D/Public Undertaking during the period of the rate contract from _____________to _____________ at a price lower than the price charged to the Govt. of Madhya Pradesh under the contract / except for the quantity of under sub clause (a) & (b) of the clause 28.1.

29. WARFRAGE AND/OR DEMURRAGE

Warfrage and/or demurrage on account of incorrect OR delayed dispatch of the material or documents shall be on the tenderers account and shall be recovered from his bills.

30. GUARANTEE / WARRANTY

Materials will be supplied by the tenderer on warranty and guarantee basis. If during the period the goods are found defective by the consignee the same shall be replaced promptly by the supplier free of cost.

31. FORCE MAJEURE CLAUSE

If at any time during the currency of rate contract the performance in whole or in part by either party or any obligation under this contract shall be prevented/delayed by reasons of any war, hostility, acts of the public enemy, civil commotion, sabotage, fire, floods, explosions, epidemics, quarantine, restrictions, strike. lockouts or acts of God (hereinafter referred to as eventualities) then neither party will be way of such eventuality be entitled to terminate this contract nor shall have any claim for damages against the other in respect of such nonperformance or delay in performance (provided notice of the happening of any such eventualities is given by either party to the other within 21 days from the date of occurrence thereof) Deliveries under this contract shall be resumed as soon as practicable after such eventualities has come to an end or ceased to exist.

32. TERMINATION OF CONTRACT

MPLUN shall have the powers to revoke/cancel the contract during its currency without assigning any reason.

33. RIGHT OF ACCEPTANCE/ REJECTION OF OFFERS

MPLUN shall have powers to accept /reject any offer partly or fully or all offers without assigning any reason.

34. DISPUTE ARBITRATION FINAL AUTHORITY Any dispute or claim arising out of non execution of the agreement, breach, thereof or in any

manner pertaining to, or arising out of or relating to it shall be referred to the Managing







Director of the MPLUN who shall be sole arbitrator and whose finding shall be final and binding.

35. JURISDICTION

In respect of all disputes or claims out of or under this agreement, Bhopal Civil Courts alone shall have jurisdiction to entertain the same.







DECLARATION

All information filled in are correct and true, and are filled by authorized signatory, having

lawful digital signature and access to use of E- tendering. For any fraudulent, incorrect, misleading, false or fabricated information, the unauthorized user is liable to be prosecuted and punished under I.T. Act 2000.

Place: Date: (Authorized Signatory)

NAME:.......................................................

Designation:...............................................

Seal:............................................................



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