Para 4.3.1 — GOODS_MANUAL

4.3.1 Terms and Conditions 1. Advertisements in such cases should be given on the Government e-Marketplace (GeM) as well as on GeM- Central Public Procurement Portal (CPPP) at www.eprocure.gov.in. An organisation that has its own website should also publish all its advertised tender enquiries on the website. The procuring entity should also post the complete tender document on its website and on GeM- CPPP to enable prospective bidders to make use of the document by downloading it from the website. The advertisements for the tender invitations should give the complete web address from which the tender documents can be downloaded. To promote wider participation and ease of bidding, no cost of tender documents may be charged for the tender documents downloaded by the bidders.; 2. The sale/ availability for downloading of tender documents against NIT should not be restricted and should be available freely. Tender documents should preferably be sold/made available for download up to the date of tender opening. 3. The tender documents shall be priced minimally (if at all priced, refer to para 5.2.1 Availability and Cost of Tender Documents), keeping in view the value of the tender as also the cost of preparation and publicity of the tender documents;

4. GTE tender documents must be in English and must contain technical specifications that are in accordance with national requirements or else based on an international trade standard. (Please refer to para 2.2.1-4) 5. In Global Tender Enquiry, e-procurement may not be mandatorily insisted upon. 6. The due date fixed for the opening of the tender shall be a minimum of four weeks from the date of advertisement, which may vary considering the nature of the material called for and the time required to prepare the bids. The due date may be subsequently extended with the approval of the CA to promote better competition and also considering the delivery requirement. 7. Relevant INCOTERMS (presently 2020 version) should be included in the tender. 8. Currency of Bidding: In GTE (Global Tender Enquiry), foreign bidders have the flexibility to quote prices and receive payments in either Indian Rupees or freely convertible currencies such as US Dollars, Euros, Pound Sterling, Yen, other relevant currencies58, or a combination thereof. However, prices for goods works, or services (including Agency Commission) performed or sourced in India must be quoted and paid for in Indian Rupees. Indian bidders are required to quote in INR only. During the evaluation, all quoted prices are converted into Indian Rupees as per the procedure mentioned in para 7.5.2-1. 9. Agency Commission: The amount of Agency Commission (normally not exceeding five per cent) payable to the Indian Agent (who shall provide self-attested documentary evidence about their identity and business details to establish that they are a bonafide business and conform to regulations) should not be more than what is specified in the Agency agreement (a certified copy should be submitted along with the financial bid) between the bidder and the Indian Agent. Agency commission shall be paid by the Procuring Entity in India in equivalent Indian Rupees on satisfactory completion of the Project or supplies of Goods and Spares. The Indian Agent will be required to submit a certificate along with their Agency Commission bill, confirming that the amount claimed as Agency Commission in the bill has been spent/will be spent strictly to render services to the foreign Principal, in terms of the Agency Agreement. The Procuring Entity or their authorized agencies and/or any other authority of the Government of India shall have rights to examine the books of the Indian Agent, and defects or misrepresentations in respect of the afore-indicated confirmation coming to light during such examinations will make the foreign Principal (i.e. the Contractor) and their Indian Agent liable to be debarred from having business dealings with the Purchaser, following laid down procedures for such debarment of business dealings.

10. Delivery Terms: The delivery terms are to be expressed in terms of Incoterms. As per the revised policy59 of the Government, all Public Procurement import contracts involving (Ocean freight of dry or liquid bulk cargoes) are to be finalized only on a FOB (Free on Board)/ FAS (Free Alongside Ship) basis and in case of any departure there-from, prior approval of the concerned administrative Ministry/ Department may be obtained. However, imports involving ocean freight of general liner: cargoes, project cargoes, heavy lift, container, break bulk cargoes, etc., can now be made on FOB (Free on Board)/ FAS (Free Alongside Ship)/ CFR (Cost & Freight)/ CIF (Cost, Insurance & Freight)/ Delivery Duty Paid

(DDP at named place) basis. All importing Government Departments/ PSEs can now make their own shipping arrangements without needing to route their requirements through the Chartering Wing of the Ministry of Shipping. As per the extant directive of the Government, airlifting of imported goods from abroad will be done only through an Indian carrier, wherever applicable.

11. Insurance: Wherever necessary, the goods supplied under the contract shall be fully insured in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery as specified in the contract. If considered necessary, the insurance may be done for coverage on an "all risks" basis, including war risks and strike clauses. The amount covered under insurance should be sufficient to cover the overall expenditure incurred by the purchaser for receiving the goods at the destination. Insurance for imported goods/equipment would need to be arranged very carefully and only for cases where the value of individual shipments is expected to be more than Rupees five crore. Procuring entities with substantial import contracts may arrange “Open Cover (all Risk)” annual insurance for all imports during the year with insurance companies instead of insurance for each import separately. Where delivery of imported goods is required by the purchaser on Cost Insurance and Freight, Carriage and Insurance Paid, Delivery Duty Paid (CIF/CIP/ DDP) basis, the supplier shall arrange and pay for marine/air insurance, making the purchaser the beneficiary. Where delivery is on a Free On Board/ Free Alongside Ship (FOB/FAS) basis, marine/air insurance shall be the purchaser's responsibility.

12. Import of Goods or services or both attract integrated tax (IGST). The IGST rate and GST cess shall be applicable on the ‘Customs Assessable Value’ plus the ‘Basic Customs duty applicable thereon.’ Foreign bidders shall indicate the break-up of prices for freight, insurance, customs duty, port handling charges, clearing agency charges, related ITC (HS) code, IGST/ GST cess, and related HSN code, as relevant to the quoted price basis.