Single Tender Specification for

Rate Contract for Spare Solar Radiation Sensors (SWR & LWR)

for 2 years

NATIONAL INSITUTE OF OCEAN TECHNOLOGY

VELACHERY – TAMBARAM MAIN ROAD, NARAYANAPURAM

CHENNAI 600 100 (INDIA)

1|P a g e
 1. E-Tender Schedule
NATIONAL
NOTICE INVITING TENDER (NIT)
INSTITUTE OF
OCEAN Form No.
TECHNOLOGY NIOT/S&P/NIT

Tender No NIOT/SnP/OOS/28479/2022-23
Tender Title Rate Contract (RC) for Spare Solar Radiation Sensors
(SWR & LWR) for 2 years

Mode of Tender Single Tender(ST)

Earnest Money Deposit (EMD) INR 3,93,000/- or EUR 4310

a) Scanned copy of the instrument of the EMD to be
uploaded in NIC portal
b) Original EMD instrument should be submitted
through courier/speed post or dropped in the tender
box in person well before tender closing time & date
Tender Issue date 08.08.2023
Tender Closing Date and Time [email protected] (IST)
Tender Opening Date and Time [email protected] (IST)
Tender documents available Tender documents can be freely downloaded from
place [email protected] www.niot.res.intill closing date and
time of the Tender.
Bidding Type &Tender single Bid Tender comprising of Techno- commercial Bid and
submission Price Bid
(BOQ) should be submitted electronically through NIC portal
[email protected]
Help manuals for e-Tender 0120-4001002, 0120-40001005,0120-6277787 support-
[email protected]
Send your Upto Tender [email protected]/[email protected]/[email protected]
queries to finalisations
the email Ids
रा ीयसम ौ ोिगोक ससथ्◌ो◌ान NATIONAL INSTITUTE OF OCEAN TECHNOLOGY
वेलचरे ीता बरममेनरड VELACHERY TAMBARAM MAIN ROAD
नो◌ारायणपरम, चेनन् 600 100 NARAYANPURAM, CHENNAI 600 100
रा.स. ौ.स्. ि◌◌्◌्बसाइट/NIOT Website http://www.niot.res.in/tenders

2|P a g e
 2. INTRODUCTION
National Institute of Ocean Technology (NIOT) is the technical arm of the Ministry of
Earth Sciences, Government of India and is involved in developing technology for
utilizing ocean resources in an eco-friendly manner. Tender is invited to submit a Bid /
Quotation for RC for Spare Solar Radiation Sensors (SWR & LWR) for 2 years
at NIOT Chennai as per details given below
General Conditions of Contract (GCC)
National institute of Ocean invites E-bids for supply of RC for Spare Solar Radiation
Sensors (SWR & LWR) for 2 years at NIOT Chennai as per details given below

1. Submission of bids: Bidders are requested to submit their Bid/quotation in single

parts containing Technical proposal and price bid (BOQ) should be submitted
electronically through CPP Portal [email protected] The responsibility to ensure timely
submission of bid lies with the bidder. Bids submitted through FAX or e-mail will not be
considered. Bidders shall also attach scanned copies of all the requisite documents i.e.
other certificates/documents specified in the tender documents. The bids are to be
submitted (electronically) as per the bidding type indicated in the front page of the NIT.
The bidders are advised to obtain DSC (Digital signature Certificate) from the
authorized register. The bid/quotation cannot be submitted without DSC, no manual
tender is acceptable.

2. This NIT shall form part of the Contract/LOI.

3. Terms and conditions indicated in the NIT shall be superseded by the terms and
conditions mentioned in the Special conditions of contract (SCC) as at Annexure
wherever applicable.

INSTRUCTION TO BIDDERS:
4. Security: Any information / material / document supplied along with this tender or
after placement LOI should not be disclosed or copied without written permission from
NIOT.
5. Contacting NIOT: No correspondence / discussion / visits whatsoever will be
entertained on the subject unless specifically called by this office after opening the
tender for clarifications in writing. Any violation of this will render the quotation invalid
and the firm is liable to be removed from our approved vendor list.
6. Tender Opening: All the tenderers can participate in the e-tender opening with
proper authorization letter from the respective Company.
7. Goods: Goods should be supplied only after receipt of the LOI from NIOT.
8. LOI Acceptance: The successful bidder should accept the LOI within 15 days.
9.Signing of Contract: On successful evaluation and declaration of the successful
bidder, initially a Letter of Intent will be issued by NIOT. The successful bidder should
submit his acceptance of LOI within 15days along with the deliverables as sought in
the LOI and copy of power of attorney along with the Board resolution copy
authorizing the signatory to sign the contract on Rs. 500 non-judicial stamp paper
within 15 days. If the Director of the company is signing the contract the copy of the
MOA to be submitted, Upon receipt of acceptance of LOI and other relevant
3|P a g e
 documents mentioned, a contract shall be signed between NIOT and the successful
bidder.
10. Change of Name after award: Request / intimations with regard to change of
name of the Contracting company or constitution of the contracting company after the
tender opening or award of contract shall not be allowed as a matter of right. The
bidders / contractors are required to submit all relevant documents with regard to
change of name or/and change of constitution and the circumstances leading to such
change beforehand. It shall be the discretion of NIOT to proceed with the contract
after such changes and in case, NIOT decides to proceed with the contract, it may
require the bidder / contractor to execute further agreements with regard to execution
/ implementation of the contract.
BIDDING CONDITION
11. Deadline for Submission of Bids: Bids must be received by NIOT at the e-
procurement portal specified in the Invitation for Bids cover page on or before the due
date/ extended.
12. Due date Extension, Corrigendum to NIT: Any corrigendum including due
date extension for NIT, corrigendum if any will be notified in NIOT website. Hence
bidders are requested to watch our website for such due date extension and
corrigendum if any.
13. In case of the unscheduled holiday in Chennai being declared on the
prescribed closing/opening day of the tender, the next working day will be treated as
the scheduled prescribed day of closing/opening of the tender.
14. Unsolicited correspondences: NIOT will not entertain any unsolicited
correspondence or queries on the status of offer against this tender.
15. Non-Receipt of Tender: NIOT will not be responsible for the non-receipt of the
tender due to any network problem.
16. Submission of tender by a tenderer implies that he has read the Notice Inviting
Tender and has made himself aware of the scope and specifications of the work to be
done; conditions and rates at which stores, tools and plant etc. will be issued to him by
NIOT; local conditions and other factors bearing on the execution of the works.
17. EMD/Bid security: The EMD/Bid security is mandatory as indicated in the cover
page and should be submitted along with the technical bid for the value indicated in
the front page of this tender document. The EMD / Bid Security shall be in the form of
a Bank demand draft drawn in favour of “NIOT OTHER RECEIPT ACCOUNT” in INR
or in equivalent foreign currency or a guarantee from a public sector bank or foreign
bank acceptable to NIOT.
The format of the guarantee shall be in accordance with the sample form of Bid
Security available at NIOT website. The format can be downloaded from the website
https://www.niot.res.in/index.php/vendor/login.
a) By Demand Draft/Banker’s Cheque drawn in favour of “NIOT OTHER RECEIPT
ACCOUNT”, NIOT, payable at Chennai (or)
b) Bank Guarantee as per prescribed format issued by an Indian nationalized bank or
indicate in stamp paper of appropriate value and valid for 60 days beyond the validity
of the bid. (or)
c) Insurance Security Bond. (or)

4|P a g e
 d) Fixed Deposit Receipt. (or)
e) Online payment in an acceptable form.
If the EMD (scanned copy of the EMD) is not submitted along with Techno-commercial,
the bid will be summarily rejected. The original EMD should be submitted (or) reach
NIOT on or before closing date the time of the tender.
18. Conditions for EMD / Bid Security: EMD shall be returned / discharged to
unsuccessful bidders within 15 days after the expiration of the period of bid validity or
placement of order whichever is later. EMD may be forfeited:
a. If a bidder withdraws, modifies for provided unsolicited offer voluntarily revising the
price in whatsoever aspect its bid during the period of bid validity specified by the
bidder on the bid form or
b. In case of a successful bidder, fails to furnish order acceptance within 7 days of the
order and / or fails to furnish Performance Security.
EMD for a successful contractor shall be adjusted against performance security payable
if submitted in DD / refunded if / performance security is submitted.
19.Bid Validity: Bids shall remain valid and open for acceptance for a minimum
period of 90 days from the date of opening of Un-priced Techno-commercial Bids
when fully compliant tender is submitted by the bidder without any requirement for
NIOT to seek additional documents towards evaluation of pre-qualification and/or in
ensuring conformance to the specification/ requirements of the tender. In the event of
any delay in evaluation attributable to the vendor, vendor shall extend the tender by
such a time taken by them in addition to above minimum tender validity period. A Bid
valid for shorter validity period will be considered as a conditional tender and treated as
invalid tender.
20. Bid validity extension: In exceptional circumstances, prior to expiry of the
original Bid validity period, NIOT may request the Bidder for a specified extension in
the period of validity. The request and the responses thereto shall be made in writing.
A Bidder agreeing to the request will not be required nor permitted to modify his bid,
and will be required to extend the validity of his Bid Security correspondingly. When bid
validity is extended EMD BG also deemed to have been extended automatically.
21. Signing of bids: Each page of the tender and tender document shall be digitally
signed and uploaded by the bidder in e-procurement Portal.
22. The broad configuration / specification of the proposed purchase / work are
given. Bidders are required to keep their proposal strictly as per the specification
prescribed in this NIT.
23. The compliance sheet with reference to the specifications should be furnished
against each parameter while submitting the quotation, which is absolutely necessary.
THE TENDERER SHALL SUBMIT TECHNICAL & COMMERCIAL COMPLIANCE SHEETS
and BOQ (Price bid) separately ALONG WITH THEIR OFFER. TENDERS WITHOUT
COMPLIANCE SHEETS WILL NOT BE EVALUATED. The Price bid should be
unconditional.
24. Canvassing: Exerting pressure and/or offering inducement in any form by the
bidder or by any other person on behalf of the bidder shall disqualify the bid and lead
to its rejection.
25. Commercial compliance as per NIT commercial compliance shall be furnished
along with the bid.
5|P a g e
 26. Unrealistic bids with either cost which is impossible to achieve or for bidders who
show that they are completely inexperienced or have completely inappropriate
equipment will be rejected.

TERMS AND CONDITIONS GOVERNING THE CONTRACT

27. Currency of bids:
a) Firms outside India: Quotations should be Delivery at place DAP NIOT, Chennai.
(For other conditions please refer Additional Terms & Conditions for Import) with
Insurance covered from shipper’s warehouse to NIOT warehouse.
28. Guaranteed time of delivery – specific performance of contract;
The time of delivery including testing and handing over in satisfactory condition is the
essence of the LOI and all the item should be delivered within 6-8 weeks from the
date of LOI. In the event of part supply, NIOT shall withhold the entire payment until
the whole of the supply as per the order is delivered.
29. Extension of delivery period: If the completion of systems / components is
delayed for reasons of force majeure such as acts of God, Acts of Public enemy, acts of
Government, fires, floods, epidemics, quarantine restrictions, illegal strikes and freight
embargoes, the Contractor shall within 3 days from the date of such occurrence, give
notice to NIOT in writing of his claim for extension of delivery period. NIOT on receipt
of such notice may agree to extend the Contract delivery date as may be reasonable
but without prejudice to other terms and conditions of the contract. Unless the
extended delivery period is agreed by NIOT in writing, contractor cannot claim the
extension of delivery time as a matter of right. NIOT shall have the right to either
cancel/extend the order validity/ levy LD as appropriate.
30. Delay in Completion / Liquidated Damage (LD): If the Contractor shall fail to
deliver the systems / components within the time specified in the Contract, NIOT shall
recover from the Contractor as liquidated damages a sum of 0.5% of the contract price
of the undelivered systems /components for each calendar week of delay. The total
liquidated damages shall not exceed 5% (five percent) of the contract price of the unit
or units so delayed. Systems / components will be deemed to have been delivered only
when all essential components parts are also delivered. If any essential components are
not delivered in time, the entire system / components will be considered as delayed
until such time the missing parts are delivered.
31. Insurance: The Goods supplied under the Contract shall be fully insured against
loss or damage incidental to manufacture or acquisition, transportation, storage and
delivery in the manner specified in the NIT. If any such damage occurred the goods
shall be replaced within the contract price immediately without waiting for the insurance
claim. The insurance shall be the scope of the bidder.
32. Warranty: The Contractor warrants that the Goods supplied under this Contract
are new, unused, of the most recent or current models and those they incorporate all
recent improvements in design and materials unless provided otherwise in the Contract.
The Contractor further warrants that all Goods supplied under this Contract shall have
no defect arising from design, materials or workmanship (except when the design
and/or material is required by NIOT's Specifications) or from any act or omission of the
Contractor, that may develop under normal use of the supplied Goods in the conditions
prevailing in the country of final destination. The product supplied should be free from
6|P a g e
 manufacturing defects and a minimum period of one-year (12 months) warranty from
the date of receipt and acceptance at NIOT. The warranty certificate should be
furnished in the prescribed format available in the NIOT web site at the link
https://www.niot.res.in/index.php/vendor/login in your letterhead. If the
Vendors standard warranty is more than 12 months the same shall be extended to
NIOT.NIOT shall promptly notify the Contractor in writing of any claims arising under
this warranty. Upon receipt of such notice, the Contractor shall, with all reasonable
speed, repair or replace the defective Goods or parts thereof, without cost to NIOT
other than, where applicable, the cost of inland delivery of the repaired or replaced
Goods or parts from ex- works or ex-factory or ex-showroom to the final destination. If
the Contractor, having been notified, fails to remedy the defect(s) within the period
specified in SCC within a reasonable period, NIOT may proceed to take such remedial
action as may be necessary, at the Contractor's risk and expense and without prejudice
to any other rights which NIOT may have against the Contractor under the Contract.
Also such failure shall lead to suspension of vendor from participation as deem fit by
NIOT.
33. Force Majeure: For purposes of this Clause, "Force Majeure" means an event
beyond the control of the Contractor and not involving the Contractor's fault or
negligence and not foreseeable. Such events may include, but are not limited to, acts of
NIOT either in its sovereign or contractual capacity, wars or revolutions, fires, floods,
epidemics, quarantine restrictions and freight embargoes. If a Force Majeure situation
arises, the Contractor shall promptly notify NIOT in writing of such conditions and the
cause thereof. Unless otherwise directed by NIOT in writing, the Contractor shall
continue to perform its obligations under the Contract as far as is reasonably practical,
and shall seek all reasonable alternative means for performance not prevented by the
Force Majeure event.
34. Discounts: Bidders are advised not to indicate separate discounts. Discounts, if
any, should be merged in the rates against the quoted items.
35. Price: The price shall include but not limited to
a. Costs of goods/ services covered in this contract.
b. Taxes and duties
c. Transportation and packing cost (Air worthy packing of internationally acceptable
practices withstand transit and Transshipments by air / road / rail)
d. Cost of handling, documentation, freight, insurance from contractor’s ware house up
to NIOT warehouse.
The Bidder shall indicate on the appropriate price schedule form, the unit prices and
total bid prices of the goods he proposes to supply under the contract strictly as per
price bid format of tender.
36. Performance Security: The successful bidders shall deposit 5% of the contract
value as Performance Security within two weeks from the date of issue of LOI. The
performance security shall be in one of the following forms:
1. By Demand Draft/Banker’s Cheque drawn in favour of “Director, NIOT” payable at
Chennai (or)
2. Bank Guarantee as per prescribed format issued by a nationalized bank and valid for
60 days beyond the scheduled delivery/completion period as per order. (or)
3. Insurance Security Bond. (or)
4. Fixed Deposit Receipt. (or)
7|P a g e
 5. Online payment in an acceptable form.
This format can be downloaded from the link https://www.niot.res.in/index.php/
vendor/login. Performance security shall be forfeited in the event of breach of order by
the supplier in terms of the order. If Performance Security is not paid within the
specified time, NIOT reserves its right to cancel the order and EMD will be forfeited.
37.Arbitration/Disputes
In the event of any dispute, difference, interpretation or application relating to this
agreement arises, the same shall be settled amicably by the parties. In case the dispute
or differences could not be settled amicably, the same shall be referred for adjudication
through Arbitration by an Arbitrator to be appointed by the Director, NIOT. The Indian
Arbitration shall be concluded in accordance with the provisions of Arbitration &
Conciliation Act, 1996 or any statutory modifications or reenactment thereof and the
rules made there under and for the time being tin force shall apply to the arbitration
proceedings. Venue of such arbitration shall be at Chennai in India. The language of
arbitration proceedings shall be English. The Arbitration shall make a reasoned award
(the “award”), which shall be final and binding on the parties. The cost of the
arbitration shall be shared equally by the parties to the contract. However, expenses
incurred by each party in connection with the preparation, presentation etc., shall be
borne by each party.
38. SUBMISSION OF TECHNICAL DOCUMENT
Specifications are basic essence of the product. The broad configuration / specification
of the proposed purchase are given in the Special contract conditions (SCC). It must be
ensured that the offers are strictly as per our specifications as mentioned in the SCC. At
the same time it must also be kept in mind that merely copying our specifications in
their quotation shall not make firms eligible for consideration. Technically unsuitable
offers and offers not confirming to tender schedule shall be rejected.
1. The vendor is required to provide their comments item-by-item on the compliance
sheet provided in the SCC. Where ever the specified parameter is required within a
range, the calculated/ estimated value as per the vendor’s design is to be provided in
the “Remarks” column. Deviations /exceptions, if any, from the specifications to be
recorded in the “Remarks” column.
39.Performance Guarantee/ Warranty Bank Guarantee: As per the MoES
guidelines 10% of the item value to be retained towards warranty to ensure the
performance of the equipment’s/systems to avoid any defect due to material/
workmanship or any omission on the part of the contract to rectify the same during the
warranty period. If performance bank guarantee for 10% of the item value is submitted
and valid till completion of the warranty period and acceptance then 100% payment will
be released. The warranty Bank Guarantee will be discharged after completion of the
standard warranty period.
40.Authorisation: The bidder is qualified only if they are the OEM/dealer authorized
by the OEM for the particular product or an Indian agent bidding on behalf of the OEM.
For dealer/Indian agent, authorization letter from OEM is mandatory. In case of agent,
the agency agreement should be provided along with the roles and responsibility.
Indian Agent consideration shall be in conformance with Govt. of India directives.
41.Agents/ Agency Commission: The Seller confirms and declares to the Buyer that
the Seller has not engaged any individual or firm, whether Indian or foreign
whatsoever, to intercede, facilitate or in any way to recommend to the Government of
8|P a g e
 India or any of its functionaries, whether officially or unofficially, to the award of
the Contract to the Seller; nor has any amount been paid, promised or intended to be
paid to any such individual or firm in respect of any such intercession, facilitation or
recommendation. The Seller agrees that if it is established at any time to the
satisfaction of the Buyer that the present declaration is in any way incorrect or if at a
later stage it is discovered by the Buyer that the Seller has engaged any such
individual/ firm, and paid or intended to pay any amount, gift, reward, fees, commission
or consideration to such person, party, firm or institution, whether before or after the
signing of this Contract, the Seller will be liable to refund that amount to the Buyer. The
Seller will also be debarred from entering into any Contract with the Government of
India for a minimum period of five years. The Buyer will also have a right to consider
cancellation of the contract either wholly or in part, without any entitlement or
compensation to the Seller who shall in such an event is liable to refund all payments
made by the Buyer in terms of the Contract along with interest at the rate of 2% per
annum above
(i) Prime Lending Rate of State Bank of India for Indian bidders, and (ii) London
Inter Bank Offered Rate (LIBOR) for the foreign bidders. The applicable rates on the
date of opening of bid shall be considered for this. The Buyer will also have the right to
recover any such amount from any Contracts in vogue with the Government of India.
a). Details of all Agents will be disclosed at the time of submission of offers and within
two weeks of engagement of an Agent at any subsequent stage of procurement.
b). The Seller is required to disclose termination of the agreement with the Agent,
within two weeks of the agreement having been terminated.
c). NIOT/MoES reserves the right to inform the Seller at any stage that the Agent so
engaged is not acceptable where upon it would be incumbent on the Seller either to
interact with NIOT/MoES directly or engage another Agent. The decision of NIOT/MoES
on rejection of the Agent shall be final and be effective immediately.
d). All payments made to the Agent 12 months prior to tender submission would be
disclosed at the time of tender submission and thereafter an annual report of payments
would be submitted during the procurement process or upon demand of the
NIOT/MoES.
e). The Agent will not be engaged to manipulate or in any way to recommend to any
Functionaries of the Govt. of India, whether officially or unofficially, the award of the
Contract to the Seller or to indulge incorrupt and unethical practices.
f). The Contract with the Agent will not be a conditional Contract wherein payment
made or penalty levied is based, directly or indirectly, on success or failure of the award
of the Contract.
g). On demand, the Seller shall provide necessary information/inspection of the relevant
financial documents/information, including a copy of the Contract(s) and details of
payment terms between the Seller and the Agent engaged by him.
h). If the equipment being offered by the Seller has been supplied /Contracted with any
organisation, public/private in India, the details of the same may be furnished in the
technical as well as commercial offers. The Sellers are required to give a written
undertaking that they have not supplied/is not supplying the similar systems or
subsystems at a price lower than that offered in the present bid to any other
Ministry/Department of the Government of India and if the similar system has been
supplied at a lower price, then the details regarding the cost, time of supply and
9|P a g e
 quantities be included as part of the commercial offer. In case of non disclosure, if it is
found at any stage that the similar system or subsystem was supplied by the Seller to
any other Ministry/Department of the Government of India at a lower price, then that
vary price, will be applicable to the present case and with due allowance for elapsed
time, the difference in the cost would be refunded to the NIOT, if the Contract has
already been concluded OR The Seller confirms and declares in the Techno-Commercial
bid that they have engaged an agent, individual or firm, for promotion of their product.
In such case, following details are to be submitted in the Techno-Commercial bid:
a) Name of the Agent
b) Agency Agreement between the Seller and the agent giving details of their Contract
obligation
c) PAN Number, name and address of bankers in India and abroad in respect of Indian
agent
d) The nature and scope of services to be rendered by the agent and
e) Percentage of agency commission payable to the agent.
Agency Commission Payment: Indian Agency commission shall be paid as per
prevalent guidelines of Govt. of India, which stipulates payment of agency commission
generally after release of all other payments have been made to the OEM/ Principal in
terms of the Contract. The agency commission payable to the Indian agents shall be
normally five percent but not more than the percentage specified in the agency
agreement.
Terms and Conditions (Import)
42. Goods certificate: To establish the goods’ eligibility, the documentary evidence
of the goods and services eligibility shall consist of a statement on the country of origin
of the goods and services offered which shall be confirmed by a certificate of origin at
the time of shipment.
43. Documentary evidence: Relevant literature pertaining to the items quoted such
as specification sheet with drawings, handling and storage instructions (if any), routine
maintenance instructions (if any), routine test instructions (if any) etc. has to be sent
along with the quotation. Wherever the submission of documentary evidence (as proof
of some parameter) is mentioned in the SCC, the same also has to be enclosed in the
quotation.
44. The import quotation should be in DAP, NIOT, Chennai (DAP should be by Air
Freight for light weight / low volume / fragile cargos and Sea freight for heavy weight /
large volume cargo). Insurance should be arranged from SHIPPERS WAREHOUSE TO
CONSIGNEE’S WAREHOUSE up to installation and commissioning of the equipment
from reputed Insurance companies only for DAP value plus 10% or replacement value
whichever is higher. NIOT shall be the beneficiary of Insurance Policy. Value of Cargo
should be declared in the AWA / Bill of Lading for carriage purpose apart from Custom
purpose. Sufficient care should be taken on packing and it should be sea worthy
packing as per International standard. The quotation should exclusively specify FOB
cost, insurance, Air/Sea freight element and local agency commission if any to be paid
in Indian Rupees. The responsibility of customs clearance, payment of customs duty
and inland transportation to NIOT will be done by NIOT. During evaluation of the price
bid, Customs duty and clearance charges @6% shall be loaded to arrive the landed
cost at NIOT.

10 | P a g e
 45. Import and Export Licenses
44.1 If the ordered materials are covered under restricted category of EXIM policy in
India the Vendor / Agent may intimate such information for obtaining necessary,
license in India.
44.2 If the ordered equipment is subject to Vendor procuring an export license from
the designated government agency / country from where the goods are shipped / sold,
the vendor has to mention the name, address of the government agency / authority.
The vendor must also mention the time period within which the license will be granted
in normal course
46. Currency of the bid: Currency once quoted will not be allowed to change.
47. Price comparison: As per the selling exchange rates established by SBI
Prevailing on the date of opening of price bid shall be applicable for the purpose of
conversion of foreign currency for price comparison.
48. Forex fluctuation: Since bidders are permitted to quote in any currency and also
receive payments in that currency, NIOT shall not compensate for any foreign
exchange fluctuations. Also, there will be no loading of foreign exchange for deciding
the inter-se- ranking of bidders in this tender.
49. Bank charges: All Bank charges inside India to NIOT account and all Bank
charges outside India to supplier account.
50. Dispatch of goods: Please note that the dispatch of consignment should be
made by Air/Sea freight and not through private courier service since this Institute is
empowered to clear the consignments duty exemption from customs as R&D
Institutions which will not be applicable for dispatches through private courier service.
Any customs duty payable on account of mode of dispatch other than those specified
will be to contractor account and the same will be debited / Adjusted from the dues
payable to contractor. For low volume/low weight cargo, Govt. Postal services only to
be utilized.
51. Third Party Inspection: The Third-Party Inspection (for pre-shipment) is
mandatory only for OEM direct execution and payment negotiated through Letter of
credit. The Third-Party Inspection shall be conducted by DNV/ SGS/Lloyds/TUV/ABS or
any other IACS Agency. The inspection shall be either at airport point of loading or at
the Suppliers factory before dispatch of cargo. Bidders are requested to mention the
inspection charges explicitly in their quote. Third party inspection charges at actual will
be reimbursed on submission of separate invoice for TPI charges (along with the
inspection report and invoice issued by the third-party inspection agency) while
furnishing the commercial invoice for supply. In the absence of separate invoice, tax
deduction at source @10% of the quoted TPI charges will be deducted as per IT
provision of Govt. of India.
b) The Third-Party Inspection is not mandatory for Indian bidders and for payment
after supply and acceptance through Wire Transfer by foreign supplier and in INR to
Indian Supplier/ Agent.
52. Payment: As per standard terms payment for import will be made through Wire
Transfer / Irrevocable Letter of Credit within 30days to be opened through our Banker
after supply, acceptance. If the mode of payment is through Irrevocable Letter of
Credit, Third Party Inspection report is mandatory, so bidders are requested to mention
the rates for TPI charges in the BOQ. NO ADVANCE PAYMENT WILL BE
CONSIDERED. 90% of the contract value will be paid after supply and
11 | P a g e
 acceptance and balance (10%) will be paid after completion of the entire
warranty period through wire transfer.
53. Shipment: Generally, Part shipment and Transhipment are not permitted. If
required for, the bidder has to indicate the reason. All risk insurance should be taken,
covering the entire shipment up to supply and acceptance of the item within the
quoted price. Please indicate the Port of Shipment along with the country of origin of
the Supply.
54. Demurrage: Demurrage Charges, if any, Payable on Account of Delay in Receipt
of Advance Copies of Invoice / Shipment Documents will be debited to Your Account.
In the absence of clear documentation, the cargo cannot be cleared and cargo will be
kept uncleared and will lie at Bailee’s premises at the risk and cost of contractor.
55. Customs Clearance: 1. All Bills of Entry must be filed with customs prior to
arrival of the vessel or aircraft latest by next day of arrival of the vessel or aircraft.
Failing which penalty of Rs.5000/- (approx. $ 75) per day shall be levied by Indian
customs for the delay of first three days.
2. Rs.10000/- (approx. $150) per day shall be levied for delay in filling bill of entry
beyond three days of arrival of the vessel or aircraft
3. This has come into effect on 31.03.2017.
4. Customs duty on bill of entry to be paid on the same day failing which penal interest
payable on customs duty.
5. Free customs clearance period is reduced to 2 days from 3. Hence, it is requested to
note this change and ensure that all/ complete documents (1. Airway bill, 2. Invoice
copy 3. Packing List 4. Insurance Copy) at least 02 working days prior on the date of
arrival of the shipment at Chennai airport so that bill entries are filed by NIOT. If any
delay is attributable to the shipper on the above, the penalty/penal interest will be
adjusted in shipper’s invoice from due payment.
56. Termination: NIOT retain the right to terminate the contract in case of violations
of any of the terms of the contract by giving 15 days’ notice to the contract. Upon such
termination, the contract shall not be entitled for any payment of consideration apart
from NIOT’s right to take any lawful action to protect public interest. The LOI/
Purchase order placed will be cancelled and the Performance security BG or any other
Bank Guarantee amount will be forfeited.
57. INDEMNITIES: The Purchase order/LOI hereby agrees to indemnify and hold
harmless NIOT and its Director, officers and employees, from and against any and all
suits, losses, liabilities, damages, claims, settlements, costs and expenses, including
reasonable attorneys’ fees, based on or arising, directly or indirectly, from:
i. breach of this Agreement by the Purchase order/LOI.
ii. Not performing the Scope of Work or any other obligation under this Agreement or
Tender in accordance with the provisions and schedules of this Agreement or the
Tender
iii. Violation or contravention of any Legislation on the part of the Purchase order/LOI.
iv. Any negligence or wilful misconduct of Purchase order, which violates any provision
of this Agreement
v. Infringement of any intellectual property belonging to any third party by the
Purchase order/LOI.
vi. Any breach of an agreement or understanding between Purchase order/LOI and any
and all Third Parties due to which a liability arises on NIOT.
12 | P a g e
 vii. Any claim that any representations or warranties contained herein are not true or
Any breach thereof
viii. Any loss or damage caused by the Purchase order/LOI to NIOT, its personnel or
property ix. Any loss or damage caused by the Purchase order/LOI to any and all Third
Parties for which a claim against NIOT has arisen
x. Breach, expiry, cancellation, revocation or invalidity of any and all licenses, permits,
authorizations and registrations which the Purchase order/LOI is required to obtain,
keep valid and comply with under any Legislation in order to perform its obligations
hereunder
xi. Any obligation of the Purchase order/LOI performed by NIOT under this Agreement
or under any Legislation.
58. Shipping Instructions: If Seller uses wood packaging materials such as pallets,
crates, boxes, dunnages, cases, skids and pieces of wood used to support or brace
cargo being imported into India, it shall be heat treated or fumigated with methyl
bromide in accordance with EPA label instructions and include a mark that certifies the
wood completed the required treatment under the guidelines for Regulating Wood
Packaging Material in International Trade,¨ISPM 15 of the International Standards of
Phytosanitary Measures (ISPM) and any associated amendments, revisions or
exemption identified by the Regional Plant Quarantine Station, Chennai, India.
Purchase Order number(s) must appear on all correspondence, shipping labels, and
shipping documents, including all packing sheets, and invoices. All pallets must be
shrink-wrapped or banded.

59. Global Tender Enquiry :

I (i) Indigenous manufacturers and their authorized dealer and eligible and they will be
considered as Local Supplier Class –I/II for price preferences as per GOI Notification
vide OM bearing No. P-45021/2/2017-PP(BE-II) dated 04th June, 2020 and
again on 16th September 2020 issued by Department of Industry and
Internal Trade (Public Procurement Section), Ministry of Commerce &
Industry, Govt. of India.

Minimum Local Content : The ‘local content’ requirement to categorize a

supplier as Class I local supplier is minimum 50% for ‘Class II local supplier’,
the ‘local content’ requirement is minimum 20%

Class I local supplier at the time of tender, bidding or solicitation shall be

required to indicate percentage of local content and provide self-certification
that the item offered meets the local content and provide self-certification
that the item offered meets the local content requirement for class I local
supplier/class II local supplier, as the case may be. They shall also give
details of the location(s) at which the local value addition is made. –Format
as Chapter XVIII is to be submitted.

(ii) In pursuant of the clarification vide GOI Notification vide OM bearing No. P-
45021/102/2019-PP(BE-II) (E-29930) dated 26.11.2020 issued by Public Procurement

13 | P a g e
 Section, Department of Promotion of Industry and Internal Trade, Ministry of
Commerce and Industry, GOI that bidders offering imported products will fall
under the category of Non-Local Suppliers and they can’t claim themselves as
Class-I local supplier/Class-II local supplier by claiming profit, warehousing, marketing,
logistic, freight etc. as local value addition.

(iii) Since it is Global Tender Enquiry (GTE) thus non-supplier in terms of GOI
Notification vide OM bearing No. P-45021/2/2017-PP(BE-II) dated 04th June,
2020 and again on 16th September 2020 issued by Department of Industry
and Internal Trade (Public Procurement Section), Ministry of Commerce &
Industry, Govt. of India are also eligible for participation in the tender.

(iv) In pursuant of the OM bearing No. F.N. 6/18/2019-PPD dated

23.07.2020 issued by Public Procurement Div., Department of Expenditure,
Ministry of Finance, Govt. of India the manufacturer/supplier are not eligible
for participation if they are from such country which shares the land border
with India. Offered items manufactured in such countries will not be
considered.

II Either the Indian Agent on behalf of the Principal/OEM or Principal/OEM itself can bid
but both cannot bid simultaneously for the same item/product in the same tender.

III Mitigations:

Procurements should preferably be made directly from the manufacturers. Either the
agent on behalf of the foreign principle or the foreign principal directly could bid in a
tender, but not both. Further, in cases where agents participate in a tender on behalf
of one manufacturer, they should not be allowed to quote on behalf of another
manufacturer along with the first manufacturer. Commissions and scope of services
to/by the agents should be explicit and transparent in the bids/contracts.

Rate contract terms:

60. Fall Clause:

The BIDDER undertakes that it has not supplied/ is not supplying similar
product/systems or subsystems at a price lower than that offered in the present bid in
respect of any other Ministry/Department of the Government of India or PSU and if it is
found at any stage that similar product/systems or subsystems was supplied by the
BIDDER to any other Ministry/Department of the Government of India or PSU at a
lower price, then that very price, with due allowance for elapsed time, will be
applicable to the present case and the difference in the cost would be refunded by the
BIDDER to the BUYER, if the Contract has already been concluded.

61.Rate contract period:

The rate contract is valid for 2 years from the date of LOI. The rate is firm and fixed no
rate revision during the currency of the contract will be entertained. As and when the
requirement arises, separate order will be placed to meet the NIOT requirement during
the currency of the contract.

14 | P a g e
 Section I Commercial Terms Compliance sheet (To be filled by bidder)

Sl. Page
Particulars Yes No
No Ref

Whether EMD for Rs. 3,93,000/- or EUR 4310

1
scanned and uploaded along with the technical document?
Whether every page of the tender document is digitally
2 signed and uploaded in the CPP portal along with the other
documents.

Whether accepted to submit the LOI acceptance within 15

3
days from the date of receipt of the LOI?

Whether submission of 5% of the contract value as

4
Performance Security is acceptable?

Whether submission of 10% of the supply value as

5
Performance Bank Guarantee is acceptable?
Whether quote is valid for 90 days from the date of tender
6 opening or time specified in the tender document whichever
is later?
7 Whether payment terms of the tender is complied with?

8 Whether INCOTERM DAP NIOT Chennai is complied with?

Whether the tender is fully complying with tender

9 specification/ Adjustment if no, list out deviations very clearly
along with the appropriate reason for the deviation?

Whether item-wise price is quoted as per price bid and

10
quoted price is realistic?

Whether liquidated damage as specified in the NIT accepted

11
unconditionally?

12 Whether the delivery period of 6-8 weeks is acceptable?

Whether the warranty period (minimum 12 months) is

13
acceptable as per the tender.

Whether Indian agent commission is applicable? If yes,

14 provide the percentage of Indian agent commission and
Agency agreement along with the bid document.
15 Whether price is quoted for 2 years?

15 | P a g e
 Section II Technical Compliance sheet (to be filled by bidder)

SMP10 V Pyranometer

SL.NO DESCRIPTION DETAILS YES/NO

01 Classification to ISO 9060:2018 Spectrally Flat Class A
02 Detector type Thermopile
03 Analogue output 0 to 1V
04 Analog Output Range -200 to 2000 W/m2
05 Serial output RS-485 Modbus®
06 Serial output range -400 to 4000 W/m2
07 Response time (63%) <0.7s
08 Response time (95%) <2s
09 Spectral range (20% points) 270 to 3000 nm
10 Spectral range (50% points) 285 to 2800 nm
Zero offsets (unventilated)
a) thermal radiation (at 200 <7W/m²
11
W/m2) < 2W/m²
b) temperature change (5 K/h)
12 Non-stability (change/year) <0.5%
13 Non-linearity (100 to 1000 W/m²) <0.2%
Directional response (up to 80 ° with < 10 W/m2
14
1000 W/m2 beam)
< 1% (-20°C to +50°C)
15 Temperature response
<2% (-40°C to +70°C)
16 Spectral selectivity (350 to 1500 nm) < 1%
Tilt response (0° to 90° at 1000 <0.2%
17
W/m²)
18 Field of view 180°
19 Accuracy of bubble level <0.1 °
20 Power consumption (at 12VDC) 55mW
Software for configuration,
21 Software, Windows™
test and data logging
22 Supply voltage 5 to 30VDC
23 Operating temperature range -40°C to +80°C
24 Storage temperature range -40°C to +80°C
25 Humidity range 0 to 100%
26 Ingress Protection (IP) rating IP67

16 | P a g e
SGR4 V Pyrgeometer.

SL.NO DESCRIPTION DETAILS YES/NO

01 Detector type Thermopile
02 Analogue output 0 to 1V
03 Analog Output Range 0 to 1000W/m²
04 Serial output RS-485 Modbus®
05 Serial output range 0 to 1000W/m²
06 Response time (63%) < 6s
07 Response time (95%) < 18s
08 Spectral range (50% points) 4500 to 42000nm
Zero offsets (unventilated) (b) < 2W/m²
09
temperature change (5 K/h)
10 Non-stability (change/year) < 1%
11 Non-linearity (-250 to 250 W/m²) < 1%
Window heating offset <4W/m²
12 (with 1000 W/m² direct solar
radiation)
< 1% (-20°C to +50°C)
13 Temperature response
< 1% (-40°C to +70°C)
14 Spectral selectivity (8 to 14µm) < 5%
Tilt response (0° to 90° at <1%
15
±250W/m²)
16 Field of view 180°
17 Accuracy of bubble level < 0.1 °
18 Power consumption (at 12VDC) 55mW
Software for configuration,
19 Software, Windows™
test and data logging
20 Supply voltage 5 to 30VDC
21 Operating temperature range -40°C to +80°C
22 Storage temperature range -40°C to +80°C
23 Humidity range 0 to 100%
24 Ingress Protection (IP) rating IP67

17 | P a g e
 Section III Price Bid format

Unit Unit
Total TOTAL
SI. Description Of Quoted rate of rate of Total
QTY for 1st for 2nd
NO Material currency 1st 2nd Amount
year year
YEAR YEAR
SMP 10 – V
1 15 Nos
Pyranometer

2 SGR4- V Pyrgeometer 15 Nos

Freight and Insurance

3 Lumpsum
charges
Third party inspection
4 (Applicable only for LC Lumpsum
payment)

Total value in DAP NIOT Chennai

18 | P a g e
 Annexure 1

Special Contract Conditions (SCC)

INTRODUCTION
Ocean Observation System of National Institute of Ocean Technology is involved
in deployment and maintenance of moored buoy network at various locations in Bay of
Bengal and Arabian Sea. These buoy systems are capable of measuring a variety of
meteorological parameters and sub-surface ocean parameters. Under this programme,
Pyranometer and Pyrgeometer are required for the measurement of short wave & long
wave radiation. The specification are given below
TECHNICAL DETAILS

SMP10 V Pyranometer:

SL.NO DESCRIPTION DETAILS

01 Classification to ISO 9060:2018 Spectrally Flat Class A
02 Detector type Thermopile
03 Analogue output 0 to 1V
04 Analog Output Range -200 to 2000 W/m2
05 Serial output RS-485 Modbus®
06 Serial output range -400 to 4000 W/m2
07 Response time (63%) <0.7s
08 Response time (95%) <2s
09 Spectral range (20% points) 270 to 3000 nm
10 Spectral range (50% points) 285 to 2800 nm
Zero offsets (unventilated)
11 a) thermal radiation (at 200 W/m2) <7W/m²
b) temperature change (5 K/h) < 2W/m²
12 Non-stability (change/year) <0.5%
13 Non-linearity (100 to 1000 W/m²) <0.2%
Directional response (up to 80 ° with 1000
14 < 10 W/m2
W/m2 beam)
< 1% (-20°C to +50°C)
15 Temperature response
<2% (-40°C to +70°C)
16 Spectral selectivity (350 to 1500 nm) < 1%
17 Tilt response (0° to 90° at 1000 W/m²) <0.2%
18 Field of view 180°
19 Accuracy of bubble level <0.1 °
20 Power consumption (at 12VDC) 55mW
Software for configuration, test
21 Software, Windows™
and data logging
22 Supply voltage 5 to 30VDC
23 Operating temperature range -40°C to +80°C

19 | P a g e
 24 Storage temperature range -40°C to +80°C
25 Humidity range 0 to 100%
26 Ingress Protection (IP) rating IP67

SGR4 V Pyrgeometer:

SL.NO DESCRIPTION DETAILS

01 Detector type Thermopile
02 Analogue output 0 to 1V
03 Analog Output Range 0 to 1000W/m²
04 Serial output RS-485 Modbus®
05 Serial output range 0 to 1000W/m²
06 Response time (63%) < 6s
07 Response time (95%) < 18s
08 Spectral range (50% points) 4500 to 42000nm
Zero offsets (unventilated) (b) temperature
09 < 2W/m²
change (5 K/h)
10 Non-stability (change/year) < 1%
11 Non-linearity (-250 to 250 W/m²) < 1%
Window heating offset
12 <4W/m²
(with 1000 W/m² direct solar radiation)
< 1% (-20°C to +50°C)
13 Temperature response
< 1% (-40°C to +70°C)
14 Spectral selectivity (8 to 14µm) < 5%
15 Tilt response (0° to 90° at ±250W/m²) <1%
16 Field of view 180°
17 Accuracy of bubble level < 0.1 °
18 Power consumption (at 12VDC) 55mW
Software for configuration, test
19 Software, Windows™
and data logging
20 Supply voltage 5 to 30VDC
21 Operating temperature range -40°C to +80°C
22 Storage temperature range -40°C to +80°C
23 Humidity range 0 to 100%
24 Ingress Protection (IP) rating IP67

Scope of supply

SI.NO DESCRIPTION OF MATERIAL QTY

1 SMP 10 – V Pyranometer 15 Nos

2 SGR4- V Pyrgeometer 15 Nos

20 | P a g e