MISHRA DHATU NIGAM LIMITED

(A Govt of India Enterprise)

P. O Kanchanbagh, Hyderabad – 500058, TS, India.
Corporate Identity Number: L14292AP1973GOI001660
Phone: 040-2434001
2434001 (10 lines), 24184348/24184578,
24184348/24184 Fax: 040 – 24340764
kmukesh@midhani-india.in, rajkumar@midhani-india.in,
e-Mail ID: kmukesh@midhani
website: www.midhani-india.in

Tender Notice No. : MDN/PUR/042210

21030/RM/EADVT/382/22-23, Date: 22-11-2022
Start of Issue of Tender Documents: 22nd NOV 2022 at 1600 Hrs. IST
Receipt of Tender on or before: 05th DEC 2022 at 11.30
.30 Hrs. IST
Opening of Tender Date: 06th DEC 2022 at 11.30 Hrs. IST

MATERIAL Estimated Requirement

Sl.
No DESCRIPTION & SPECIFICATION Unit Qty

1. NICKEL METAL 550 MT

(DETAILS AS PER ANNEXURE
ANNEXURE-I)
Quantity tolerance : +/-
+/ 2%

List of Tender Documents:-

S. No Document Description Pages

Notice Invitation to Tender (NIT)
Annexure I Technical Specifications 02 Pages
Annexure II General Terms and Conditions 05 Pages
Annexure II (a) Terms and Conditions for Indigenous Bidders 01 Page
Annexure II (b) Terms and Conditions for Import Bidders 03 Pages
Terms Restrictions Under GFR 149 (xi) 02 Pages
Annexure III E-Auction
Auction Terms and Conditions 03 Pages
Annexure IV Bank Guarantee Format 05 Pages
Annexure V Pre-Contract
Contract Integrity pact Along with Undertaking 10 Pages
Annexure VI Eligibility Criteria 01 Page
Annexure VII GST Clause for Tender 03 Pages
Annexure VIII LC 02 Pages

For MISHRA DHATU NIGAM LIMITED,

LIMITED

K MUKESH
SR. Manager (Purchase)
 ANNEXURE - I
TECHNICAL SPECIFICATION OF NICKEL METAL NR 9990 (ISO 6283:1995E)

COMPOSITION:

Ni = 99.90% min Ag = 0.001% max Co= 0.05% max Zn =0.0015% max

As = 0.004% max Al 0.001% max C =0.015% max Bi = 0.0002% max

Cu =0.010%max Se =0.001% max Fe=0.015% max Mn = 0.004% max

P =0.002% max Pb = 0.001% max S =0.002%max Si =0.002% max

Sb = 0.0005% max Cd= 0.001% max Se= 0.001% max Sn = 0.0001% max

Te= 0.001% max Ti= 0.0001% max

Size: Cathode 2” x2”/4”x 4” (Typical) or Pellets: roughly spherical about 20 mm dia

1. Bidder need to indicate OEM names/sources of supply and shall submit the TC of OEM for the
offered product / material along with all the above said elements.
2. In case of placement of Purchase Order, total material supplies of the PO shall be from the
same OEM / Source.
3. Before shipment of the material, the vendor / manufacturer shall furnish the TEST CERTIFICATES
of the material and their Lots / Batches, offered to Midhani .
4. Only the above offered material shall be shipped to MIDHANI, after obtaining the approval
from MIDHANI .
5. Delivery schedule: Staggered in 6 lots.
FOB, PORT OF LOADING:
100 MT in within 30 days from PO,
100 MT in b/w 60 to 70 days from PO,
100 MT in b/w 90 to 100 days from PO,
75 MT in b/w 120 to 130 days from PO,
75 MT in b/w 150 to 160 days from PO,
100 MT in b/w 180 to 190 days from PO.
CIF, PORT OF DISCHARGE:
100 MT in within 60 days from PO,
100 MT in b/w 90 to 100 days from PO,
100 MT in b/w 120 to 130 days from PO,
75 MT in b/w 150 to 160 days from PO,
75 MT in b/w 180 to 190 days from PO,
100 MT in b/w 210 to 220 days from PO.
FOR, MIDHANI:
100 MT in within 70 days from PO,
100 MT in b/w 100 to 110 days from PO,
100 MT in b/w 130 to 140 days from PO,
75 MT in b/w 160 to 170 days from PO,
75 MT in b/w 190 to 200 days from PO,
100 MT in b/w 220 to 230 days from PO.

Note: DELIVERY SCHEDULE MAY BE AMENDED (PRE-PONED/POSTPONED) WITH MUTUAL CONSENT.

 6. Quantity Tolerance: 550 MT ± 2 %
7. Packing: 200/250/500 kgs packed in sealed steel drum. The drum after packing shall be properly
sealed/hard plastic tags. Packaging: Packaging to be done with bio degradable material to the
extent possible. Supplier should ensure safe packaging avoiding sharp edges.
8. Jumbo bags are strictly not acceptable.
9. Test Certificate (in duplicate/photo copy) shall be put in drum No:1 of each batch or lot.
10. Every drum should have proper identification labels /markings in paint on body of the drum and
Lid 1. Name of the manufacturer 2.PO number 3. Material descriptions 4. Lot
No/Batch No 5.Drum No 6. Net weight 7. Gross weight.
11. Acceptance criteria: As per QA document (Chemical composition as per QA document shall be
tested by QC at Midhani).
12. Incomplete offer will not be considered.
Note: TOTAL ORDER QUANTITY SHALL BE SPLIT INTO 60:40 RATIO i.e., 60% to L1 and 40 % to
L2 , if L2 meets L1 price. During order split, one full container load may be considered.

IMPORTANT NOTE: BIDDER SHALL QUOTE THE “PREMIUM PER MT” PRICE ONLY IN THE
PRICE BID BOQ. LME CSP NICKEL PRICE AS ON THE TECHNO-COMMERCIAL BID OPENING
DATE (EXTENDED DATE, IF SO EXTENDED) WILL BE CONSIDERED FOR PURCHASE ORDER
PLACEMENT.

QUOTATION PERIOD:
1) For 1st LOT of 100 MT: Average of Low of Daily Official LME Cash Settlement Price
(CSP) for next 30 day from the date of Purchase order plus premium per MT.
2) For 2nd LOT of 100 MT: Average of Low of Daily Official LME Cash Settlement Price
(CSP) for full month in which foreign shipment shall be done plus premium per MT.
(Bill of Lading date shall be after Purchase order date).
3) For 3rd LOT of 100 MT: Average of Low of Daily Official LME Cash Settlement Price
(CSP) for full month in which foreign shipment shall be done plus premium per MT.
(Bill of Lading date shall be after Purchase order date).
4) For 4th LOT of 75 MT: Average of Low of Daily Official LME Cash Settlement Price (CSP)
for full month in which foreign shipment shall be done plus premium per MT. (Bill of
Lading date shall be after Purchase order date).
5) For 5th LOT of 75 MT: Average of Low of Daily Official LME Cash Settlement Price (CSP)
for full month in which foreign shipment shall be done plus premium per MT. (Bill of
Lading date shall be after Purchase order date).
6) For 6th & FINAL LOT of 100 MT: Average of Low of Daily Official LME Cash Settlement
Price (CSP) for full month in which foreign shipment shall be done plus premium per
MT. (Bill of Lading date shall be after Purchase order date).

LME Values shall be obtained from Fastmarkets Website.

Bank details for submission of EMD/SD are;
Name of the Firm : M/s. Mishra Dhatu Nigam Limited
MIDHANI PAN No. : AABCM6345A
Bank
Bank Name : HDFC Bank Ltd.
Details
Branch Address : Lakdikapul Branch, Hyderabad.
Account No. : 00210330000440.
IFSC Code : HDFC0000021
MICR Code : 500240002
SWIFT Code : HDFCINBBHYD
Type : Current account.
Check list for submission of documents against the tender:
I) Techno Commercial bid should contain the following information (Envelope I)
S. No Description Comply
(Yes/No)
1 EMD
2 Signed copy of Integrity pact
3 Detailed specification and Chemical composition of the offered product
4 Acceptance to Terms and conditions of the tender
5 Manufacturer test certificate wherever required
6 Manufacturer’s Name & Address
7 The tenderer shall furnish typical analysis along with offer with respect to
elements listed in the tendered specifications.
8 Price Basis
9 Delivery Schedule as per tender
10 Validity period of the offer as per tender
11 Terms of payment as per tender
12 Country of origin of goods
13 GST number and applicable rate (For indigenous bidder)
14 Port of loading for FOB supplies. (For Import Offers)
15 Tariff Head Under H.S (HARMONISED SYSTEM)/Custom duty tariff
code
16 Any other remarks related to this tender please specify in your offer
Note:
a. Tenders received without the above documents & details are liable to be rejected
summarily.
b. Any order resulting from this invitation to tender shall be governed by our General
conditions of contract and the supplier quoting against this enquiry shall be deemed/ to
have read and understood the same.
c. Please enclose the above check list along with the Techno Commercial bid.
d. Tenderer’s offer must conform in all respects with the applicable specifications and
terms and conditions of the tender. In case of, deviation if any, from the tender
specifications or terms and conditions must be clearly and explicitly stated. Technical
deviations and Commercial deviations shall be furnished in separate sheets under the
headings “TECHNICAL DEVIATIONS” and “COMMERCIAL DEVIATIONS”
respectively, along with reasons for taking such deviations. Deviation(s) mentioned
elsewhere shall not be accepted.
MIDHANI reserves the right to accept / reject any deviation in tenderer’s offer
pertaining to the materials specifications or to the terms and conditions stipulated in this
tender without assigning any reason.
 Annexure II
General Terms and Conditions of the Tender
1. Any Order resulting from this invitation to tender shall be governed by our General Terms and
Conditions of Contract and the supplier quoting against this enquiry Shall be deemed / to have
read and understood the same.
2. Where counter terms and conditions have been offered by the Tenderer, the purchaser shall not
be governed by these unless specific acceptances have been given in writing in the order by the
Purchaser.
3. The offer should be complete in all respects. Full Particulars and descriptive literature and drawing
should be forwarded along with the quotation. The make of the items offered should be clearly
specified. Materials should be offered strictly conforming to our specifications. The deviations if
any should be clearly indicated in the quotation. Test Certificates must be produced, wherever
required. Material confirming to IS will be preferred.
4. VALIDITY :
The offer should be valid for a minimum period of 30 days from the date of opening of the tender.
In case of shorter Price validity period, than what is stipulated in the Tender, the Company
reserves the right to reject the bid summarily

5. DELIVERY PERIOD:
AS PER ANNEXURE-I.

6. EARNEST MONEY DEPOSIT :

The tender must be accompanied by an EMD amount of Rs. 50,00,000 (or) USD 61,195 online
as per the bank details at Annexure-I (or) Bank Guarantee as per format enclosed from a
Scheduled Bank encashable in Hyderabad, India with validity till 180 days.
If EMD is not submitted, offers are liable for rejection. EMD and Security Deposit in the form of
Demand Draft or Bankers Cheque will not be considered unless prior consent from MIDHANI is
obtained. Exemption of EMD is available to MSE’s and Start Up’s as per Government Guidelines.
The earnest money shall be kept deposited till validity of the offers/finalization of the tender
whichever is earlier. The Earnest Money will not earn any interest. If the tenderer after
submitting his tender and during the tender’s validity period, resile from his offer or modifies the
terms and conditions thereof in a manner not acceptable to the Purchaser, the earnest money
shall be liable to be forfeited. Should an Invitation to tender to be withdrawn or cancelled by the
Purchaser, which it shall have the right to do at any time, the earnest money paid with the tender
will be returned.

The Earnest Money shall be returned to all the firms after finalization of the tender, except to the
successful tenderer. EMD of successful tenderer shall be returned after submission of Security
Deposit/shall be held as Security Deposit as the case may be. Should the successful tenderer, upon
the acceptance of his tender, fail or refuse to duly sign the agreement within the period fixed by
the Purchaser as indicated above, the earnest money shall be forfeited without prejudice to his
being liable for any further loss or damage incurred in consequence by the purchaser.

Note: EMD is exempted for all Government Departments/Central PSUs and in case of Raw
Materials, Original Raw Material Manufacturers (provided they participate directly).
In all the cases of EMD Exemption/EMD Not applicable: In case of failure of the bidder to accept /
execute the contract, the bidder shall not be permitted to participate in the re-tender for the
same item. Also suitable penal action as deemed fit by Midhani shall be imposed.
7. SECURITY DEPOSIT (SD):
In case of successful tenderer, 3% of PO Value towards SD shall be submitted by vendor within 21
days from the date of PO, in the form of Bank Guarantee or payment through online with proof
thereof.

The Security Deposit of above amount shall be submitted on placement of order, online as per the
bank details at Annexure-I (or) Bank Guarantee as per format enclosed from a Scheduled Bank of
India encashable in Hyderabad, India with validity till successful completion of the Order, within 21
days from the placement of order.
The security deposit shall be for the due and faithful performance of the contract and shall remain
binding not withstanding such variations, alterations or extensions of time as it may be made,
given, conceded or agreed to between the Supplier/Contractor and Purchaser.

The Security Deposit furnished by the successful tenderer will be subject to the Terms &
Conditions of the order/contract finally concluded between the parties and the Purchaser will not
be liable for payment of any interest on the security deposit or any depreciation thereof.
The Security Deposit shall be refunded on application by the contractor after expiry of the contract
period and after he has discharges all his obligations under the contract and produced a ceritificate
from the Purchaser’s authorized representatives certifying the due completion & acceptance of the
work.

All Government Departments and Central PSUs are exempted from payment of Security Deposit.
In all cases where SD is exempted, in case of failure of the bidder to accept / execute the contract
as per agreed terms, the bidder shall not be permitted to participate in the re-tender for the same
item. Suitable penal action in accordance with other provisions of the Tender shall also be
applicable.

In case SD is not submitted within the stipulated time as above, interest @ 12% p.a. shall be
levied for the period of delay beyond the stipulated time. Interest as above may be either
deposited by the supplier / contractor or recovered from any amounts due to the supplier /
contractor.

8. All Bank Guarantees (EMD/SD/Advances/PBG) submitted:

a. Shall be from a Nationalized Bank/ Scheduled Commercial Bank encashable in India and in our
prescribed formats only.
b. Bank Guarantees (SD/Advances/PBG) shall have an additional claim period of twelve months
from the date of expiry.

9. Preference under Make in India Programme will be given as per Govt directives.

10. Vendors to intimate the value of Goods & Services which are sub contracted by them from MSE’s
if any, pertaining to the tendered item(s).

11. MSE (MICRO AND SMALL ENTERPRISES):

As per Public Procurement Policy(PPP) for Micro & Small Enterprises (MSEs) order,2012 vide
Gazette notification dated 23.03.2012 by Ministry of Micro, Small and Medium Enterprises of
Govt of India, the following benefits will be extended to the MSEs.

If Tenderer happens to be a MSE as per Government Guidelines, necessary benefits in line with
Government Guidelines issued from time to time shall be provided on submission of valid
documentary proof to the satisfaction of the Purchaser. In case organization is an MSE Unit owned
by SC/ST Entrepreneur or owned by Women Entrepreneur, submit valid documentary proof for
extending benefits as per Government guidelines. Benefits include
 i) EMD is exempted for Micro & Small Enterprises (MSEs) registered with DIC/ NSIC/KVIC/
Udyog Aadhar Memorandum (UAM) issued by MSME or any other body specified by
Ministry of MSME.
ii) Purchase Preference to MSE’s shall be provided as given below.

a) In tenders, participating Micro and Small Enterprises quoting price within price band of L1+ 15
percent shall also be allowed to supply at least 20% requirement by bringing down their price to
L1 price in a situation where L1 price is from someone other than a Micro and Small Enterprise. In
case of more than one such Micro and Small Enterprise, the supply shall be shared
proportionately (to tendered quantity).
b) In case of tender item is non-divisible and if Micro and Small Enterprises quoted price is within
the price band L1+15% shall be allowed to supply total tender requirement by bringing down
their price to L1 price in a situation where L1 price is from someone other than a Micro and Small
Enterprise.
iii) “Vendors to intimate the value of Goods & Services which are sub contracted by them from the
MSE’s if any, pertaining to the ordered item(s)”.
iv) The benefits mentioned above are meant for procurement of goods produced and services
rendered by MSE’s. Traders are excluded from availing these benefits

12. Start ups as recognized by Department of Industrial policy and Promotion (DIPP) shall be exempt
from paying Earnest Money Deposit (EMD)

13. QUERIES / CLARIFICATIONS:

Queries / clarifications technical, financial or commercial, if any, that may arise, should be referred
by the tenderer by email/letter to
Technical Queries: Commercial/Financial Queries:
Name: Sri. Paul.K (DGM, Melt Shop) Name: Sri. Mukesh. K
Email id: paul.kandulna@midhani.com Email id: kmukesh@midhani-india.in
Ph: 040-2418 4370/4371 Ph: 040-2418 4348

14. PRICE NEGOTIATIONS :

Price Negotiations as such shall not be held, except in the case of Negotiations with the lowest
tenderer and accordingly, the tenderers shall have to submit their best commercial bids.

15. ARBITRATION :
Any dispute(s) or difference(s) whatsoever arises under or out of or in connection with the
EOI/contract, or in respect of any defined legal relationship associated therewith or derived there
from, shall be resolved/settled amicably, through mutual negotiation; failing which the
differences shall be resolved by way of arbitration in accordance with the International Centre for
Alternative Dispute Resolution (ICADR) Arbitration Rules 1996. The authority to appoint the
arbitrator(s) shall be the International Centre for Alternative Dispute Resolution (ICADR). And will
provide administrative services in accordance with ICADR Arbitration Rules 1996. The seat of
arbitration shall be India. The language of the arbitration proceeding shall be English. The place
of arbitration proceedings shall be Hyderabad, Telangana, India.

In case of PSU/Government organization DPE guidelines in force or as amended from time to time
shall be applicable. In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public Sector Enterprises
(CPSEs)/Port Trusts inter se and also between CPSEs and Government dept./Organizations
(Excluding disputes concerning Railways, Income Tax, Customs & Excise Dept.), such disputes or
differences shall be taken up by either party for resolution through AMRCD as mentioned in DPE
OM No. 4(1)/ 2013- DPE(GM)/FTS-1835 dated 22/5/2018 or the latest DPE Guidelines issued from
time to time.
16. JURISDICTION :
All questions, disputes or differences arising under, out of or in connection with the contract shall
be subject to the exclusive jurisdiction of court within local limits of Hyderabad, India.

17. RISK PURCHASE:

The supply of all items must be completed satisfactorily and within the specified delivery period in
the order, failing which the purchaser reserves the right to purchase stores from other sources at
the supplier’s cost & risk. In such case the supplier shall be bound to pay the extra cost incurred by
Midhani forthwith on demand by MIDHANI.

18. ADDENDA TO TENDER DOCUMENTS :

The Purchaser reserves the right to issue addenda to the tender documents to clarify, modify,
supplement or delete any of the condition, clause or items stated in the tender documents issued
with this invitation to Tender. Each addendum issued will be distributed to each tenderer or his
authorized representative and the addendum so issued shall form a part of the original tender
documents to be reviewed as required.

19. NO CLAIM FOR COMPENSATION FOR SUBMISSION OF TENDER :

The tenderers whose tenders are not accepted shall not be entitled to claim any costs, charges
and expenses of the tender, incidental to or incurred by them, through or in connection with their
submission of tenders even though the Purchaser may elect to withdraw the invitation to tender.

20. BANKRUPTCY ETC.:

If the Supplier/Contractor shall become bankrupt or insolvent or cause or suffer any receiver to be
appointed of his business or any asset thereof or compound with his creditors, or being a
corporation commence to be wound up, or carry on its business under a Receiver for the benefits
of its creditors or any of them, the Purchaser shall be at liberty:

a. To terminate the contract forthwith upon coming to know of the happening of any such
event as aforesaid by notice in writing to the Contractor or to the receiver / liquidator.
OR
b. To give such receiver, liquidator or other person the option of carrying out the contract
subject to his providing guarantee up to an amount to be agreed for the due and faithful
performance of the Contract.

21. RIGHT OF ACCEPTANCE:

The Purchaser does not bind himself to accept the lowest or any of other tender and reserves the
right of acceptance the whole or any part of the tender or portion of the quantity offered.

22. LIQUIDATED DAMAGES (LD):

Liquidated Damages shall be levied against Suppliers/Contractors in the event of unsatisfactory,
delayed or non supply of materials/execution of Contract beyond the date of delivery/completion
of job. LD is leviable at the rate of 1% of the total order/contract prices per week or part there of
subject to a maximum 10% of the order/contract prices including taxes & duties without prejudice
to the right of the purchaser to take any other action. The amount shall also be recoverable from
any other contract on account of the supplier.

23. CANCELLATION / SHORT CLOSURE OF CONTRACT/PURCHASE ORDER:

The purchaser may, without prejudice to any other remedy for breach of Contract, by written
notice of default sent to the supplier, terminate the contract in whole or in part:
a) If the supplier fails to deliver any or all of the stores within the time period(s) specified in the
contract, or any extension thereof granted by the Purchaser.
b) If the supplier fails to perform any other obligation under the contract within the period
specified in the contract or any extension thereof granted by the purchaser.
 c) Purchaser reserves the right to cancel the Purchase Order/ contract on its own under
exceptional circumstances.

On receipt of notice for short closure, the contractor shall cease all further work, except for such
work as may be specified in the notice for the sole purpose of protecting that part of the stores
already executed. Further, the liability of MIDHANI in such cases will be limited to the extent of
the cost as assessed by MIDHANI, in its opinion, till the point of short closure.

24. REJECTED GOODS:

The rejected goods at MIDHANI premises will lie at the risk of the Vendor. They should be replaced
immediately on receipt of intimation regarding rejection from Midhani. In case the rejected goods
are not replaced within six weeks from the date of receipt of the inspection memo, MIDHANI is not
responsible for any loss, damage and theft, and in addition, MIDHANI reserves the right to recover
such amount as may be assessed on account of storage and incidentals or any other charges
MIDHANI may have incurred.

The vendor has to lift the rejected material from MIDHANI within 6 months from the date of
receipt of intimation. In case of rejected goods are in MIDHANI for more than 6 months, MIDHANI
reserves the right to dispose of the same and Vendor shall not have any right for claiming the
goods or damages thereof.

25. SUBMISSION OF TENDER :

Tenders shall be submitted as per procedure specified at Annexure III. The tenders received after
the stipulated time and due date, due to any reason whatsoever will not be considered. Tenders
who are incomplete or otherwise considered defective are liable to be rejected.

26. MULTIPLE L1 PARTIES:

In case more than one tenderer is qualifying as L1, after price evaluation and the order is not to
be split, the placement of order shall be done after obtaining reduced revised price bid from the
L1 tenderers and if still there is a tie among L1 tenderers then to discover the final L1, draw of lots
shall be held in presence of the tenderers who chose to be present.

27. Only one vertical (Company) from a group of companies will be eligible to participate in the
tender. Midhani reserves the right to reject the bids of all such parties summarily, if it is found that
verticals under the same organizations have participated.

28. TENDER OPENING:

A. TECHNO-COMMERCIAL BIDS (UN-PRICED) :

Techno-commercial Bids (un-priced) only shall be opened on the due date indicated in the enquiry
in the e-platform (or) in the presence of Tenderers or their authorized representatives who
choose to be present at the time of tender opening, as the case may be.

B. PRICE BIDS:
Price Bids of technically acceptable tenders’ shall be opened after the Techno-commercial bids
evaluation and after receipt of clarifications, if any, in the e-platform (or) in the presence of
Tenderers or their authorized representatives who choose to be present at the time of tender
opening, as the case may be at the time and date which will be informed to the tenderers
concerned in advance.
 The comparative assessment of offers received would be made on equal footing taking into
account the financial implications for the deviations in terms and conditions/loading of any
charges to arrive at the Landed Cost to MIDHANI. In case of any acceptable commercial deviation,
MIDHANI may evaluate the prices with appropriate loading at One year MCLR rate + 0.5% of SBI
prevailing on the date of Technical bid opening.”

Conditional discounts offered by the tenderers for coverage within a shorter period for early
inspection / payment etc., shall not be considered at the time of evaluation of tenders.

29. DEFINITIONS:
A. PURCHASER:
The term "Purchaser" or ‘’Midhani”” as used herein shall mean Mishra Dhatu Nigam
Limited, incorporated under the Companies Act, 1956, and having its registered office at
P.O. Kanchanbagh, Hyderabad - 500 058, India, and shall include its successors and assigns.

B. TENDERER:
The term "Tenderer" shall mean the person, firm or corporation submitting a tender
against the Invitation to tender and shall include his/its heirs, executors, administrators,
legal representatives, successors and assigns.

C. SUCCESSFUL TENDERER/SUPPLIER/CONTRACTOR:
The term “Successful Tenderer/Supplier/Contractor" shall mean the Tenderer whose tender
has been accepted and shall include his/its heirs, executors, administrators, legal
representatives, successors and assigns approved by the Purchaser.

*--*--*
 ANNEXURE – II (a)
TERMS AND CONDITIONS FOR INDIGENOUS OFFERS

1. PRICE BID FORMAT:

Prices shall be quoted ONLY as per BOQ format.

The tenderer shall indicate/furnish the following in his offer:

a. Manufacturer’s Name & Address.

b. Country of origin of goods.
c. Delivery period.
d. Mode of packing.
e. Net weight and Gross weight.
f. Technical Literature / Catalogue/Specifications.
g. Details of Shelf life, if any, applicable for the goods offered.
h. Your Banker’s Name, Address & Details.
i. A confirmation that the price quoted is your lowest export price and is the same as you would
normally quote to Government department and other favored customers.
j. HSN Code for all the Items quoted along with applicable GST Rates.
k. TARIFF HEAD UNDER H. S. (HARMONISED SYSTEM).

Note: Technical Offers shall contain UNPRICED Format indicating all the details without which
offers are liable to be rejected.
2. TERMS OF PAYMENT for Indigenous Offers:
For Materials:
100% Payment within 30 Days from the date of Receipt and acceptance of Material at MIDHANI.
3. PRICES
Price Basis: FOR Midhani, Hyderabad basis shall be quoted. The Prices must be per unit shown
inclusive of packing forwarding insurance Octroi duty and delivery charges and should be on FOR
destination basis, Offers from local suppliers should be for free delivery at our Stores.
4. TAXES AND DUTIES:
The Tenderer shall indicate their GST Number & date in the quotation. Taxes/Duties payable have
to be clearly indicated in the quotation. The nature of duties and applicable percentages thereof
and the items on which such taxes/duties are leviable along with applicable HSN code shall be
indicated in the Offer. Payment of taxes or duties shall be as applicable at the time of supply and
on production of documentary evidence. Statutory variation in the rate of Taxes and duties during
the delivery period shall be accepted.
Note: Payment shall be released only after filing of GSTR1 and GSTR3B including
availability of invoices in GSTR2A of MIDHANI.

5. PACKING:
The stores should be securely packed and properly marked to avoid loss or damage in Transit by
Rail / Road. Mode of Packing shall be specified in the offer.

6. FOREIGN EXCHANGE RATE FOR PAYMENT: where the unit rate quoted by Indigenous bidder is
in Foreign Currency OR linked with LME / Fastmarkets / Other International indices

For bid evaluation purposes the Exchange rate as on the date of Tender opening (Technical Bid)
shall be considered.
For payment purposes Tenders may provide following options to the bidder’s,
 a. Exchange rate as per RBI/FBIL website on the date (extended date, if so extended) of opening
of technical bid. If technical bid is opened on a day on which FOREX transactions are closed
then exchange rate available on next FOREX previous day will be considered.
b. Exchange rate as on the date of procurement of Raw material from the Foreign supplier by the
Vendor as evidenced from the Vendor Voucher (to be submitted by the vendor).
c. Exchange rate as on the 7th day from the placement of Purchase Order.
d. Exchange rate as on the 15th day prior to receipt of material at MIDHANI.

The bidder has to specify the basis of Exchange rate to be adopted in his bid.

7. HIGH SEA SALES: In case of High Seas Sales, the Exchange rate as on the date of procurement of
Raw material from the foreign supplier by the Vendor, as evidenced from the Vendor Voucher (to
be submitted by the vendor) shall be adopted. Also, in case of High Sea Sales, HSS agreement shall
be signed only after submission of Security Deposit.
 ANNEXURE – II (b)
GENERAL TERMS & CONDITIONS FOR IMPORT OFFERS
1. Prices shall be quoted ONLY as per BOQ format.

In case you opt for any other INCOTERMS other than FOB, ONLY additional Charges for
CIP/CIF/C&F Price may be quoted separately. FOB PRICE SHALL BE INDICATED IN THE OFFER
WITHOUT FAIL.
The tenderer shall indicate/furnish the following in his offer:
a. Manufacturer’s Name & Address.
b. Country of origin of goods.
c. Delivery period.
d. Mode of packing.
e. Net weight and Gross weight.
f. Technical Literature / Catalogue/Specifications
g. Details of Shelf life, if any, applicable for the goods offered.
h. Your Banker’s Name, Address & Details.
i. A confirmation that the price quoted is your lowest export price and is the same as you would
normally quote to Government department and other favored customers.
j. HSN Code for all the Items quoted along with applicable GST Rates.
k. TARIFF HEAD UNDER H. S. (HARMONISED SYSTEM).
Note: Technical Offers shall contain UNPRICED Format indicating all the details without which
offers are liable to be rejected.

2. CREDIT RATING CERTIFICATE:

a) Tenderers may furnish credit rating obtained by them from any reputed credit rating agency
along with offer.
b) DEALERSHIP CERTIFICATE (If Applicable):
Dealers/Stockists/traders shall furnish dealership/authorisation certificate from the OEM along
with offer. Offer shall not be considered in case authorization certificate from OEM is not
submitted.

3. AGENCY COMMISSION :
We are a Government of India Enterprise. It is our policy to deal with the foreign
suppliers/manufacturers directly without associating any of their Indian agents or payment of any
agency commission. You are therefore requested to quote your price without any agency
commission, passing on this benefit to the Purchaser which is Government of India Enterprise.
Please therefore specifically state in your offer that the price quoted by you is net and NO agency
commission is payable to any Indian agent.

4. TERMS OF PAYMENT:
A. Supply: Through Irrevocable Letter of Credit/Telegraphic Transfer, 30% payable against
shipping document as mentioned at clause 4.1 and balance 70% payable against
acceptance documents mentioned at clause 4.2. Clear instruction shall be given by you to
the bank to forward the following documents without any delay to our bank. Andhra
Bank, BDL Campus Branch, PO kanchanbagh, Hyderabad-500058 OR State Bank of India,
Chandrayangutta, Hyderabad – 500058.
(or)
B. 100% Payment within 30 Days from the date of Receipt and acceptance of Material at
MIDHANI.
4.1 Documents required for 30% payment:
The tenderer shall be confirming that in the event of order that the following documents will
be furnished for each lot / consignment for purposes for payment:
a. Clean on Board Bill of Lading as defined in Incoterms 2010. – 2 negotiable and 2 non
negotiable copies
b. Signed Invoice for the goods dispatched. - 4 copies
c. Certificate of Origin. – 2 copies
d. Packing List. – 5 copies
e. Test / Manufacturer’s Certificate. – 4 copies
f. Fax/email intimation particulars regarding shipment sent to our insurer – 2 copies
g. Certificate from beneficiary that one set of non negotiable documents has been sent
to Purchaser/Buyer as per PO/Contract
4.2 Documents required for claiming balance 70% payment:
a. Acceptance certificate issued by Midhani in original.
b. NOC from Midhani for releasing balance payment after recovery if any.
(NOTE : In case of LC Payment, cost of LC and interest for 30% Advance shall be added for
landed cost calculation)

5. PRICES :
Preference will be given to FIRM prices, but should the quoted prices be subject to variation, the
price variation clause should be detailed in the offer.
i. Offers in Foreign Currencies shall be normally on FOB basis. However, in case any other Terms
as per INCOTERMS are quoted, FOB price must be indicated. MIDHANI shall reserve the right
to place order on either FOB or other Terms as per INCOTERMS.
ii. Supplier shall provide mandatory 14 days of free period for arranging custom clearance in Final
place of Delivery : ICD, Hyderabad
iii. Indicate whether the shipment shall be FCL (Full Container Load) or LCL (Low Container Load)
and number of containers in the techno-commercial bid. In case the same is not feasible,
indicate the volume and weight of the consignments.
iv. Exchange rate for the foreign currencies shall be considered as on final scheduled techno-
commercial bid opening date for bid evaluation and comparison purpose. Exchange rate shall
be taken from the website of RBI.
v. Landed Costs shall be calculated on FOB Costs considering the following:
a. Freight, Insurance and Clearance Charges (as per the port of Loading) till receipt of
material in MIDHANI.
b. Duties applicable after considering Input Tax Credits.
c. Interest Charges for normalizing payment terms (if any), based on One year MCLR rate +
0.5% of SBI prevailing on the date of Technical bid opening.
d. LC charges prevailing as on techno-commercial bid opening date as per SBI taking into
account the Delivery Period.
e. Pre Dispatch Inspection Charges, if any, for Inspection by MIDHANI.
vi. Freight & Insurance charges whichever is lower either (i) from offer, in case of other than FOB
price or (ii) our internal prices in case of FOB Price shall be considered.

6. DISCOUNT :
Prices quoted should be applicable to purchases by Manufacturers and the manufacturer’s
discount, if any, should be indicated in the offer.
7. MODE OF SHIPMENT :
By Sea for Import offers with place of delivery as ICD, Hyderabad.
 (Port of Loading shall be clearly mentioned for FOB supply in techno-commercial offer)

8. DESCRIPTION & SPECIFICATION :

The description and specification offered in the offer will be binding on the Tenderer and no
alteration thereof will be permitted.

9. AUTHORITY TO SUBMIT TENDER :

The signatory to the Tender will be deemed to have the authority to submit the Tender.
The Tender will be binding on the tenderer and no alteration will be permitted.

10. TAXES & DUTIES:

All statutory customs/import duties, taxes, fees, cess & levies, etc. in India on the
imported goods on amount payable in foreign currencies shall be borne and paid by the
Purchaser.
Income tax (Withholding Tax) in India, if leviable and other taxes in relation thereto on any
other account shall be borne and paid by the successful Supplier. The successful supplier
shall be liable to file tax returns with respective income tax authorities as required under
the Indian Income Tax Act.
All payments under the Purchase Order to the successful tenderer shall be subjected to
deduction of taxes at source at the applicable rates in force as per the provisions of the
Indian Income Tax Act or Double Taxation Avoidance Treaty whichever is more beneficial
to the tenderer. Where the benefits of double taxation are to be availed, it shall be the
responsibility of the tenderer to furnish the Tax Residency Certificate to the Purchaser
required under the Indian Income Tax Act.

11. INSURANCE :
Marine Insurance Coverage will be arranged by the Purchaser for FOB shipment only.

12. EXPORT LICENCE :

Restrictions if any, for exporting this item to Midhani, India may please be indicated specifically
with regard to time required for executing the order as per the quoted delivery schedule.

13. PACKING :
The material should be securely packed and properly marked to avoid Loss & Damage in Transit.
Mode of Packing shall be indicated in the Offer.

14. COO (Country of Origin):

Country of Origin Certificate to be issued by Chamber of Commerce to avail discount in
preferential custom Duty amount in India Customs.
 Appendix 2 to Annexure II
RESTRICTIONS FOR PARTICIPATION IN THE TENDER

In reference to the OM No. 6/18/2019-PPD Dt. 23.07.2020 issued by Public Procurement

Division, Department of Expenditure, Ministry of Finance, the following restrictions are
applicable:

I. Any Bidder from a Country which shares a land border with India will be eligible to bid in
this tender only if the bidder is registered with Competent Authority as specified in the
above mentioned Office Memorandum. Notwithstanding anything contained herein, it is
hereby clarified that the said Order and this Clause will not apply to bidders from those
countries (even if sharing a land border with India) to which the Government of India has
extended lines of credit or in which the Government of India is engaged in development
projects. Lists of such countries is available in the website of Ministry of External Affairs.
II. “Bidder” (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain
contexts) means any person or firm or company, including any member of a consortium or
joint venture (that is an association of several persons, or firms or companies), every
artificial juridical person not falling in any of the descriptions of bidders stated
hereinbefore, including any agency branch or officer controlled by such person,
participating in a procurement process.
III. “Bidder from a country which shared a land border with India” for the Purpose of this
Order means:-
a. An entity incorporated, established or registered in such a country; or
b. A subsidiary of an entity incorporated, established or registered in such a country; or
c. An entity substantially controlled through entities incorporated, established or
registered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or Other) agent of such an entity; or
f. A Natural person who is a citizen of such a country; or
g. A Consortium or joint venture where any member of the consortium or joint venture
falls under any of the above
IV. The beneficial owner for the purpose of (iii) above will be as under:-
1. In case of a company of Limited Liability Partnership, the beneficial owner is the
natural person(s), who, whether acting along or together, or through one or more
juridical person, has a controlling ownership interest or who exercises control through
other means.
Explanation –
a. “Controlling ownership interest” means ownership of or entitlement to more than
twenty-five per cent. of shares or capital or profits of the company;
b. “Control” shall include the right to appoint majority of the directors or to control
the management or policy decisions including by virtue of their shareholding or
management rights or shareholders agreements or voting agreements;
2. In case of partnership firm, the beneficial owner is the natural person (s), who,
whether acting along or together, or through one or more juridical person, has
ownership of entitlement to more than fifteen percent of capital or profits of the
partnership;
3. In case of an unincorporated association or body of individuals, the beneficial owner is
the natural person(s), who, whether acting alone or together, or through one or more
juridical person, has ownership of or entitlement to more than fifteen percent of the
 property or capital or profits of such association or body of individuals;
4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial
owner is the relevant natural person who holds the position of senior managing
official;
5. In case of a trust, the identification of beneficial owner (s) shall include identification
of the author of the trust, the trustee, the beneficiaries with fifteen percent or more
interest in the trust and any other natural person exercising ultimate effective control
over the trust through a chain of control or ownership,
V. An Agent is a person employed to do any act for another, or to represent another in
dealings with third person.
VI. [In case of Works/Contracts/Turnkey Contracts] The successful bidder shall not be allowed
to sub-contract works to any contractor from a country which shares a land border with
India unless such contractor is registered with the Competent Authority.

In case of Tenders of Works/Contracts involving possibility of sub-contracting

“I have read the clause regarding restrictions on procurement from a bidder of a country which shares
a land border with India; I certify that this bidder is not from such a country ‘or’ if from such a country,
has been registered with the Competent Authority and will not sub-contract any work to a contractor
from such countries unless such contractor is registered with the Competent Authority. I hereby certify
that this bidder fulfills all requirements in this regard and is eligible to be considered. [Wherever
applicable evidence of valid registration by the Competent Authority shall be attached].”

Note: As per clarification vide OM No:-F18/37/2020-PPP Dt. 08.02.2021, following may

please be noted.,

i) A bidder is permitted to procure raw material, components, sub-assemblies etc, from the
vendors from countries which shares land border with India. Such vendors will not be required
to be registered with competent authority, as it is not regarded as “Sub-Contracting”.

ii) However, in case a bidder has proposed to supply finished goods procured directly/indirectly
from the vendors from the countries sharing land border with India, such vendor will be
required to be registered with the competent authority’’.

*--*--*
 Annexure III (a)
TERMS AND CONDITIONS AND INSTRUCTIONS TO THE TENDERER FOR
ONLINE SUBMISSION OF QUOTATION

1. Tenders are invited on-line on the website http://eprocuremidhani.nic.in from the eligible bidders
having Class III, Digital Signature Certificate (DSC) issued from any agency authorized by Controller
of Certifying Authority (CCA), Govt. of India. For Digital Signature Certificate (DSC) issuer details,
please refer www.cca.gov.in website, FAQ- How do I get a Digital Signature Certificate (DSC)?. The
bidders have to get themselves registered online on the e-Procurement portal
http://eprocuremidhani.gov.in with the class III DSC. The online Registration of the Bidders on the
portal will be free of cost and one time activity only.

2. The Tender has to be submitted in TWO BID SYSTEM failing which the tender will be liable for
rejection. All technical matters, Testimonials, credentials, commercial conditions has to be
mentioned in Cover-I i.e. Technical Bid and Price has to be mentioned in Cover-II i.e. Price Bid
(BOQ). (Note: The other commercial terms & conditions of your quotation/offer should be
mentioned separately in ATC (Agreed Terms and Condition) which will be downloaded and upload
the same in cover I). All bids are to be submitted on-line on the website
http://eprocuremidhani.gov.in No bid shall be accepted off-line.

3. No consideration for wrong entries/errors will be allowed and firms are advised to carefully
indicate the applicable taxes and duties amount.

4. Technical Specification: Technical Specification containing the technical parameters for tendered
item will be in PDF format and will be downloaded by the bidder and he will furnish all the
required information in PDF file. Thereafter, the bidder will upload the technical specification of
the quoted item in PDF file during bid submission. Non-compliance of any one specification
parameter of the item will disqualify the bidder in that item. The Technical specification which is
incomplete and not submitted as per instruction given above will be rejected.

5. Price bid: The Price bid containing the Bill of Quantity will be in Excel format and will be
downloaded by the bidder and he will quote the rates, taxes & duties etc. for his offered items on
this Excel file. Thereafter, the bidder will upload the same Excel file during bid submission in
respective folder. The Price-bid will be in Item-wise Rate BOQ format and the bidder may quote for
any or all the tendered items and the L-1 will be decided for each item separately. The Price-bids
of the tenderers will have no condition. The Price Bid which is incomplete and not submitted as
per instruction will be rejected.

6. The “General Terms & Conditions” as mentioned in the NIT shall form an integral part of the NIT
and will also form a part of the Orders placed against this tender.

7. Clarification of Bid (wherever applicable): The bidder may seek clarification on-line within the
specified period. His identity will not be disclosed by the system. However, the management will
clarify as far as possible the relevant queries. The clarifications given by the department will be
visible to all the bidders or only the bidder who raised the clarification query, intending to
participate in the tender.
8. Submission of Bid: The bidders have to accept unconditionally the on-line user portal agreement
which contains the acceptance of all the Terms and Conditions of NIT including Commercial &
General Terms & Conditions, along with on-line undertaking in support of the authenticity of the
declarations regarding the facts, figures, information and documents furnished by the Bidder on-
line in order to become an eligible bidder. No conditional bid shall be accepted.

9. In case the Tender Committee finds that there is some error/omission in scanning & uploading the
Technical Cover document by a bidder, the same will be specified on-line under shortfall
documents by Evaluator normally within short duration of Technical-bid (Part-I) opening/through
an email to the specified email id, indicating the start date and end date giving specific time for on-
line submission by bidder. The bidder will get the intimation about this through a standard system
generated e-mail and will re-upload the same within specified period. No additional time will be
allowed for on-line submission of document.

10. Modification and Withdrawal of Bid: The bidder may modify and resubmit the bid on-line
as many times as he/she may wish, only before the deadline of submission of tender.

11. The destination point for delivery of materials will be as follows:

Item Sl. No. Quantity Consignee Destination Point
(Place of delivery of materials)

All Items Full Dy. Genl. Manager (Stores) Dy. Genl. Manager (Stores)
Quantity Mishra Dhatu Nigam Mishra Dhatu Nigam Limited
Limited Central Stores
PO - Kanchanbagh PO – Kanchanbagh, HYDERABAD
HYDERABAD - 500058, - 500058, Telangana, INDIA
Telangana, INDIA
The bidder will be responsible for safe arrival of materials to the destination points as
mentioned above. However, the unloading and stacking of materials will be the
responsibility of the consignee. The bidders should quote their unit rate on FOR (Free on
Road/Rail) destination basis in a specified format containing the breakup of applicable
taxes and duties, freight, insurance and other components of the price in absolute value
along with the basic price of each item. The L1 bidder will be decided by the system on the
basis of landed price inclusive of all taxes and duties as applicable and tax credits for each
item. It will be calculated automatically by the system based on the price quoted by the
bidders, by summing up the basic rate with other price elements, as given by the bidders
on-line. Non submission of any price component by bidder will be taken as ‘zero’ by the
system, the evaluation will be done accordingly and that price element will be assumed to
be included in the basic price quoted by the bidder. Bidders are requested to indicate
Taxes separately in the BOQ wherever applicable.

12. After evaluation of Techno-commercial bid, all the bidders will get the information
regarding status of their eligibility along with the date of Price-bid opening on their
personalized dash board and also by system generated e-mail. It will be the bidder’s
responsibility to check the status of their Bid on-line at least once daily, after the opening
of Techno-commercial bid till opening of the Price-bid. No separate communication will be
made to the bidder in this regard.
13. The Bidder, who’s Bid has been accepted, will be notified of the award on-line and also
Purchase Order shall be sent by email/registered/speed post by the employer prior to
expiration of the bid validity period. The L-1 bidder will get the information regarding
award of work on their personalized dashboard on-line.

14. Cost of Bidding: The bidder shall bear all costs associated with the preparation and
submission of his bid and the Employer will in no case be responsible and liable for those
costs.

15. It is the bidder’s responsibility to comply with the system requirement i.e. hardware,
software and internet connectivity at bidder’s premises to access the e-tender website.
Under any circumstances, MIDHANI shall not be liable to the bidders for any
direct/indirect loss or damages incurred by them arising out of incorrect use of the e-
tender system or internet connectivity failures.

16. One Bid per Bidder: Each Bidder shall submit only one Bid, either individually, or as a
partner in a partnership firm or a partner in a Joint Venture or a public limited firm. A
Bidder who submits or participates in more than one Bid (other than as a subcontractor or
in cases of alternatives that have been permitted or requested) will cause all the proposals
with the Bidder’s participation to be disqualified.
 e- TENDER CUM AUCTION NOTICE

1. Tenders are invited on-line on the website https://eprocuremidhani.nic.in

from the eligible bidders having Digital Signature Certificate (DSC) issued
from any agency authorized by Controller of Certifying Authority (CCA),
Govt. of India and which can be traced up to the chain of trust to the Root
Certificate of CCA.

Start Date & time of Reverse Action Information regarding start Date & Time of
Reverse Auction shall be sent by system
generated e-mail and SMS, but it shall be
bidder’s responsibility to check the M I D H A N I
e-Procurement portal after Bid Opening Date &
Time to get the latest status / information
regarding start Date & Time of Reverse Auction.
Tender-cum-auction: After opening of bid, the system will show lowest
F.O.R. Destination rate. The auction (reverse) shall
be created for the tender, after opening of price
bid. The auction (reverse) will be available to
participant to participate with initial L-1 rate.

General guidelines and Process Flow for Tender cum Auction:

General guidelines and Process Flow for Tender cum Auction, if applicable are as under:-

a) Reverse Auction will be initiated after opening of price bids, as specified by Tender Inviting Authority
(TIA) as detailed above.

b) There will be no participation fees for e-Reverse auction.

c) Upon opening of the price bids, a reverse auction platform will be created, displaying only the item
wise L1 price received.

d) L-1 Landed price/cost to the company will be the start bid price for tendered Goods. The BOQ
shall be designed taken into consideration Tax Credits as applicable, so that it is reflected in the
landed price.

e) The L1 price/start bid price is Landed / cost to the company price on which the auction will be
initiated. At the end of reverse auction, the L1 bidder shall have to submit break up of prices
conforming to the lowest landed rate quoted by him in the reverse auction.

f) The L-1 Bidder after the reverse auction has to upload the breakup of Landed Price in the shortfall
document. The detailed breakup of offered landed price uploaded by the bidder shall be considered
and order if placed shall be with the same breakup of prices. The L-1 bidder after reverse auction will
be responsible to ensure that Landed rate as per the breakup of prices provided by them after the
reverse auction & L-1 landed rate offered by them in the reverse auction is exactly same, otherwise it
may be treated as withdrawal of offer and it will attract penal action. While giving breakup, the bidder
will have to consider the same rate of taxes and duties as quoted while submitting the e-Price bid. In
case the L-1 bidder fails to submit the breakup of landed price within 02 days, MIDHANI shall be at
liberty to place order on the basis of breakup of the e-price bid submitted by the bidder along with the
initial offer and same shall be binding on the bidder.
g) The decrement value will be upto 1% of the start bid price rounded off to the nearest Rupee. The
reduction shall have to be made as per decrement value or in multiple thereof. However, the
decrement value may be modified with due approval of competent authority depending upon vale of
item proposed for tendering.

h) Initial period of reverse auction will be two hours (Start date & time of auction shall be intimated
online after opening of Bid). There will be auto extensions of time every time by ten minutes (or any
other time decided to be set which should not be less than ten minutes) in case of any reduction
recorded in the last ten minutes. The reverse auction will come to a close only when there is no further
reduction recorded in the set time slot.

i) System protects bid and bidder information till auction gets over and displays current L1 price only to
the bidder.

j) System provides bidder details along with bid documents at the end of reverse auction process.

k) The log details of the entire reverse auction process will be generated by the system once the
process of reverse auction is completed.

l) If a bidder does not submit their bid in the Reverse Auction, the price quoted by them in the price
bid shall be considered as the valid price of that bidder. The status of the bidder (L1, L2 etc.) shall be
evaluated considering either the bid price submitted in Reverse auction or the Price quoted in the
price bid, whichever is lower.

m) Since, reverse auction is a sequel to e-tender, the process of finalizing the tender upon completion
of reverse auction will be same as the tender process without reverse auction.

n) MIDHANI will provide the calculation sheet (e.g.: EXCEL sheet) which will help to arrive at “Landed
Cost to MIDHANI” by the vendor, like packing & forwarding charges, Taxes and duties, freight charges,
Insurance, Service tax for services etc., to enable them to fill-in the price and keep it ready for keying in
during the Reverse auction.

o) The bid history shall reflect only the landed price. The landed price may also not be the same for
two bidders even if any bidder makes such an attempt.

p) Server time shall be the basis of Start time & Closing time for bidding and shall be binding for all.
This would be visible to all concerned.

q) On expiry of the closing of the auction, the bid history showing all the last valid bids offered along
with name of the bidders shall be published. All bidders shall have the facility to see and get a print of
the same for their record.

r) All electronic bids submitted during the reverse auction process shall be legally binding on the
bidder. The chronologically last bid submitted by the bidder till the end of the auction will be
considered as the valid price bid offered by that bidder and acceptance of the same by MIDHANI will
form a binding contract between MIDHANI and the bidder for entering into a contract.

s) Conditional discounts shall not be considered. If a bidder offers a discount unilaterally after
submission of bid, the discount shall not be considered except L-1 bidder.

t) If the lowest price received during reverse auction is unreasonable or it is unacceptable on ground of
being too high or too low compared with estimated price, the management reserves right to seek
justification of the price from lowest bidder. If the price is not considered reasonable or it is decided
otherwise, management may not accept such bid and go for another tendering process.

u) In case of disruption of service at the service provider’s end while the RAP is online, due to any
technical snag or otherwise attributable to the system failure at the server end, the RAP process will
start all over again. In such a situation, the last recorded lowest price of prematurely ended RAP, will
be the ‘Start Bid’ price for the restarted RAP. The prices quoted in the prematurely ended RAP will be
binding on all the bidders for consideration, if the restarted RAP does not trigger within the stipulated
time.

v) Disruption and restarting of RAP shall be intimated to all the bidders through system/SMS/e-mail
through e procurement portal. All the time stipulations of normal RAP will be applicable to the
restarted RAP.

2. In no case, Bidder can increase their initial offer price (QUOTED PREMIUM)
during Reverse Auction. In such case MIDHANI has right to consider the
initial offer price only at the time of release of Purchase Order (or) MIDHANI
has right to cancel the tender.

3. Reverse Auction shall be conducted on the lowest landed cost and shall start
from the RA Start Price (given by NIC system). Post Techno-Commercial
evaluation, MIDHANI Purchase department will forward the bidder-wise
Landed cost calculation sheets as per point no.4 of BOQ to all Techno-
Commercially eligible bidders through e-mail. Based on the calculation
sheets sent by MIDHANI (e-mail), bidders shall participate in RA.
 Annexure IV

SPECIMEN FORMS OF
BANK GUARANTEES

1. BG FORMAT IN LIEU OF EMD

2. FORM OF BANK GUARANTEE IN LIEU OF SECURITY DEPOSIT
 BANK GUARANTEE FOR EARNEST MONEY DEPOSIT

1. WHEREAS MISHRA DHATU NIGAM LIMITED (A GOVERNMENT OF INDIA

ENTERPRISE) PO KANCHANBAGH, HYDERABAD (hereinafter referred as “ The Owner /
Company”which expression shall unless repugnant to the subject or context includes
its legal representatives, successors and assigns) has issued tender paper vide its
Tender No: _____________________ for supply of __________________________
(herein after called “the said tender”) to M/s. _________________ (herein after called
“the said Tenderer(s)” which expression shall unless repugnant to the subject or
context includes their legal representatives, successors and assigns) and as per terms
and conditions of the said tender, the tenderer shall submit a Bank Guarantee for
Rs./USD___________ towards earnest money in lieu of cash.

2. WE (Bank Name and Address) (herein after called the bank) do hereby
undertake to pay the amount due and payable under this Guarantee without any
demur merely on a demand from the company stating that in the opinion of the
company, which is final and binding, the amount claimed is due because of any
withdrawal of the tender or any material alteration to the tender after the opening of
the tender by way of any loss or damage caused or would be caused or suffered by the
company by reason of any breach by the said tenderer(s) of any of the terms and
conditions contained in the said tender or failure to accept the Letter of Intent /
Agreement or that the amount covered under this Guarantee is forfeited. Any such
demand made on the bank by the owner shall be conclusive as regards the amount
due and payable by the Bank under this Guarantee. However, our liability under this
guarantee shall be restricted to an amount not exceeding Rs./USD_________.

3. We undertake to pay to the Company any money so demanded

notwithstanding any dispute or disputes raised by the tenderer(s) in any suit or
proceeding pending before any office, court or tribunal relating thereto, our liability
under this present guarantee being absolute and unequivocal. The payment so made
by us under this bond shall be a valid discharge of our liability for payment thereunder.
Our liability to pay is not dependant or conditional on the owner proceeding against
the tenderer.

4. The guarantee herein contained shall not be determined or affected or

suspended by the liquidation or winding up, dissolution or change of constitution or
insolvency of the said tenderer(s) but shall in all respect and for all purposes be
binding and operative until payment of all money due or liabilities under the said
tender are fulfilled.

5. WE (Bank Name and Address) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be taken
for the finalization of the said tender and that it shall continue to be enforceable till
the said tender is finally decided and order placed on the successful tenderer(s) and
/or till all the dues of the company under/or by virtue of the said tender have been
fully paid and its claims satisfied or discharged or till a duly authorized officer of the
company certifies that the terms and conditions of the said tender have been fully and
properly carried out by the said tender(s) or till date: __________ whichever is earlier
and accordingly discharges the guarantee.

6. That the Owner/Company will have full liberty without reference to us and
without affecting this guarantee to postpone for any time or from time to time, the
exercise of any of the power of the owner under the tender.

7. We (Bank Name and Address), lastly undertake not to revoke this guarantee
during its currency except with the previous consent of the company in writing. We
further undertake to keep this Guarantee renewed from time to time on the request
of the Tenderer(s).

8. Notwithstanding anything contained herein before, our liability shall not

exceed Rs./USD___________ towards earnest money in lieu of cash and shall remain
in force till (date). Unless a demand or claim under this Guarantee is made on us
within three months from the date of expiry i.e., ____________ we shall be discharged
from all the liabilities under this guarantee.

Date: ___________ (Bank Name and Address)

Signature of duly
Authorized person
On behalf of the Bank
With seal & signature code
 FORM OF BANK GUARANTEE IN LIEU OF SECURITY DEPOSIT

1. This deed of guarantee executed on …………………………day of ……………………………… by

………………………………………………………………………………………………………………………

(Name and Address of the Bank)

the Bank hereinafter called Bank (which term shall mean and include its successors and
assigns wherever the context so admits) in favour of M/s. MISHRA DHATU NIGAM
LIMITED., a government of India Enterprise incorporated and registered as a company
under the Companies Act, 1956, having its registered office at P.O. Kanchanbagh,
Hyderabad – 500 058, state of A.P. India, herein after referred to as the “purchaser”
(which terms shall mean and include its successors in office and assigns).

2. In consideration of M/s. Mishra Dhatu Nigam Limited (Purchaser) having agreed to

exempt ……………………………………………………………………….. hereinafter called the said
Contractor(s) (which term shall mean and include its successors assigns and legal
representatives) from the demand under the terms and conditions of Purchase / Work
Order No. …………………………………………….. dated …………………… for
…………………..(hereinafter called the said agreement) of Earnest Money / Security
Deposit/ Defect Liability deposit for the due fulfillment by the said Contractor(s) of the
terms and conditions contained in the said agreement on production of a bank
guarantee for Rs…………(Rupees…………………………………………………………………… only), we
………………………………… (name of the bank, address) (hereinafter referred to as “The
Bank”) at the request of ……………………………………………………………… Contractor(s) do
hereby undertake to pay Purchaser an amount not exceeding Rs
………………………………………… against any losses or damage caused to or suffered or would
be caused to or suffered Purchaser by reason of any breach by the said Contractor(s) of
any of the terms and conditions contained in the said agreement.

3. We ………………………………………………………………… (Bank) do hereby unconditionally and

irrevocably agree and undertake to pay to Purchaser the amounts due and payable
under this Guarantee without any demur, merely on a demand from Purchaser stating
that the amount claimed is due by way of loss or damage caused to or would be caused
to on suffered by Purchaser by reason of breach by the said agreement or by reason of
the contractor(s) failure to perform the said agreement. Any such demand made on the
Bank shall be conclusive as regards the amount due and payable by the Bank under this
Guarantee. However, our liability under this Guarantee shall be restricted to an amount
not exceeding Rs …………………………………………………………

4. We undertake to pay Purchaser and money so demanded notwithstanding any dispute

or disputes by the contractor(s) / supplier(s) in any suit or proceedings pending before
any court of tribunal relating thereto, our liability under this present being absolute and
unequivocal. The payment so made by us under this Guarantee shall be valid discharge
of our liability for payment thereunder and the contractor(s) shall have not claim against
us for making such payment.

5. We …………………………………………………………… (Bank) further agree that the guarantee

herein contained shall remain in full force and affect during the period that would be
 taken for the performance of the said Agreement and that it shall continue to be
enforceable till all the dues of Purchase under or by virtue of the said Agreement have
been fully paid and its claims satisfied or discharges or till Purchaser certifies that the
terms and conditions of the said Agreement have been fully and properly carried out by
the said contractor(s) and accordingly discharges this guarantee. Provided that if
Purchaser together with the Contractor seeks an extension of terms of the Guarantee,
such extension shall be granted by the Bank and the guarantee shall be in full force till
the expiry of such extended period.

6. We ……………………………………………………………… (Bank) further agree with Purchaser that

Purchaser shall have the fullest liberty without our consent and without affecting in any
manner our obligations hereunder to vary any of the terms and conditions of the said
agreement or to extend time of performance by the said contractor(s) from time to time
or to postpone for any time or from time to time any of the powers exercisable by
purchaser against the said Contractor(s) and to forebear or enforce any of the terms and
conditions relating to the said agreement and we shall not be relieved from our liability
by reason of any such variation of extension being granted to the said contractor(s) or
for any forbearance, act or omission on the part of Purchaser or any indulgence by
Purchaser to the said contractor(s) or by any such matter or thing whatsoever which
under the law relating to sureties would but for this provisions, have effect of so
relieving us.

7. It shall not be necessary for Purchaser to proceed against the contractor before
proceeding against the Bank and the guarantee herein contained shall be enforceable
against the Bank notwithstanding any security which Purchaser may have obtained or
obtains from the contractor.

8. This guarantee shall not be discharged due to the change in the constitution of the Bank
or the contractor(s).

9. We …………………………………………………… (Bank) lastly undertake not to revoke this

guarantee during its currency except with the previous consent of Purchase in writing.

10. Our liability is limited to a sum not exceeding Rs ……………………………………… unless a claim
is made on us in writing on or before …………………………………… (3 months beyond the
date of delivery / completion as specified in the contract) we shall be discharged from
liability under this guarantee.

In witness whereof these presents are executed at …………………………………………… on the

date, month and year first herein above written.

FOR AND ON BEHALF OF THE BANK WITHIN NAMED

 Annexure - V
Standard Eligibility Criteria & Evaluation thereof

TECHNICAL EXPERIENCE:

Offers shall be considered subject to fulfilling of the eligibility criteria as below:

Criteria Supporting documents

Supply experience: Purchase Order (or) Contract along
Bidder (Original Manufacturer or their authorized with Delivery Challan / Invoice copy
agent/dealer/distributor/representative etc.) or their OM, mentioning the Purchase
should have supplied similar raw material* in previous five Order/Contract number as proof of
(5) years, prior to the date of tender, for atleast 20% of the supply.
tendered quantity (in single or multiple supply orders).

(*)

(a) Similar Raw materials include material with same Technical Specification (or) higher as of the
Tender.

(b) In case Bidder is unable to submit the supporting documents exactly matching MIDHANI tendered
specification i.e., where composition of minor / trace / gas elements is not available, bidder shall
submit the supporting documents with material purity of the main element upto 5%.

For example, if the tendered item is pure Nickel metal of 99.9% minimum Nickel then the bidder can
submit the past supplies upto 94.9% minimum in the main element.

For Ferroalloys e.g. Ferrosilicon the main element shall be silicon and for High/Low Carbon Ferro
Chrome Chromium shall be main element.

(c) In case if bidder is submitting the supporting document as per (b) above, bidder’s confirmation for
supply of tendered Raw material as per tendered specification shall be submitted along with Techno-
Commercial bid. Quotations received without these documents are liable for rejection.
 Annexure VI
GST CLAUSE FOR TENDER
Note to Suppliers regarding Invoice and related payment conditions:
1. The GST invoice to be submitted by supplier shall be in accordance with provisions of
Sec 31 of CGST Act, 2017 and shall contain all particulars specified in rule 46 of CGST
Rules including HSN/SAC codes.
2. Wherever E-invoice is applicable as per provisions of GST Act and notifications issued
from time to time, bills will be processed only on submission of E-invoice (in addition
to all other relevant documents). If E-invoice is not applicable, supplier is requested
to submit the declaration on letter head signed by Authorized signatory in the
attached format at Annexure-A.
3. Further to above, if the aggregate turnover of the supplier exceeds threshold limits
as notified by Government of India at any future date, then E-invoice shall be
applicable and the bidder has to comply with required provisions of GST Law.
4. Supplier need to give declaration whether he is filing GSTR-1 and GSTR-3B on
monthly basis or quarterly basis. If supplier is filing /opted for GSTR-1 and GSTR-3B
on Quarterly basis, supplier is requested to submit the declaration on letter head
signed by Authorized signatory in the attached format at Annexure-B.
5. If the supplier is filing returns on monthly basis, payment will be made only after
filing of GSTR-1 and GSTR-3B of the respective month including availability of invoice
in GSTR-2B(It is to be noted that the Invoice will appear in GSTR-2B of corresponding
month if the supplier files GSTR-1 within due dates mentioned in the Act).
6. If supplier is filing / opted for GSTR-1 and GSTR-3B on Quarterly basis, only the base
amounts will be paid initially and release of GST amounts will be made only after
quarterly filing of GSTR-1, GSTR-3B of corresponding months including availability of
invoice in GSTR-2B (It is to be noted that the Invoice will appear in GSTR-2B of
corresponding month if the supplier files GSTR-1 within due dates mentioned in the
Act). After filing of GSTR-1 and GSTR-3B Supplier has to intimate the same to
Purchase Department along with copies of GSTR-1 and GSTR-3B for onward
intimation to Finance Department.

7. In case MIDHANI is unable to avail GST credit within time limit specified under the
GST Act due to delay in filing and /or intimation regarding filing of GST returns by
supplier or due to any other fault of supplier, corresponding GST amounts will not be
paid to supplier.
 Annexure-A

TO BE PRINTED ON LETTER HEAD

To whomsoever, it may concern.

We M/s. ………………………………………………… having PAN ……………………… and GSTIN

Registration Number …………………………. hereby undertake that our Aggregate Turnover (as
per Section 2(6) of Central Goods and Services Tax Act, 2017) for the previous financial
year does not exceed the prescribed threshold (as on the date of this declaration) for
generation a Unique Invoice Registration Number (IRN) and QR code as per the provisions
of Central Goods and Services Tax Act, 2017 and rules thereunder (“GST Law”).

Further, we also undertake that if the aggregate turnover of M/s.

………………………………………. exceeds the current threshold or revised threshold notified by
Government of India at any future date, then we shall issue invoice, Debit Note and credit
note in compliance with the required provisions of GST Law (E-Invoice).

I/We ……………………….acting on behalf of (Company name) ………………… in the capacity of

(designation) …………… and keep it indemnified against any losses, damages (or) costs
which it suffers (or) incurs due to beach on our part of this declaration.

LEGAL NAME :

TRADE NAME :

TAX PAYER TYPE :Regular

Thanking you.

Yours Truly,
For M/s…………………………………..

Authorized Signatory Name:

Designation:
Stamp:
 Annexure-B

TO BE PRINTED ON LETTER HEAD

To whomsoever, it may concern.

We M/s. ………………………………………………… having PAN ……………………… and GSTIN

Registration Number …………………………. hereby confirm that our Aggregate Turnover (as
per Section 2(6) of Central Goods and Services Tax Act, 2017)was not more than
prescribed limit for Quarterly filing and we are anticipating that turnover for the Current
Financial year also will be within the prescribed limit. Hence, we opt to file GSTR-1 and
GSTR-3B returns on a Quarterly basis for the Financial year 2020-2021(January 2021
onwards). We are hereby agreeing to file GSTR-1 and GSTR-3B on or before due dates as
per provisions of GST Act and Rules thereunder. In case we revise option / required to
file GSTR-1 and GSTR-3B on monthly basis, same will be intimated immediately and
complied with.

Further, we also undertake that if the aggregate turnover of M/s.

………………………………………. exceeds the current threshold or revised threshold notified by
Government of India at any future date, then we shall file returns compliance with the
provisions of GST Act or rules made thereunder.

I/We ……………………….acting on behalf of (Company name) ………………… in the capacity of

(designation) …………… and keep it indemnified against any losses, damages (or) costs
which it suffers (or) incurs due to beach on our part of this declaration.

Our GST details as per GST Registration certificate are as below:

LEGAL NAME :

TRADE NAME :

Thanking you.

Yours Truly,
For M/s…………………………………..

(Authorized Signatory)

Name:
Designation:
Stamp:

Signature Not Verified

Digitally signed by MUKESH KOMATLAPALLI
Date: 2022.11.22 16:59:00 IST
Location: PSUs of Ministry of Defence-
DEFPSU