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Annexure- I Post GST Amendments as per Board Approval dated 16.01.2018 Amendm ITEM Clauses as per existing procurement manual Amended Clause ent No. 8 Bid Price 9.1 The bidder shall give the total composite price ( Clause 9 of inclusive of all non CENVAT-able Levies & Taxes i.e. Section-II) Sales Tax/VAT, Packing, forwarding, freight and 9.1 The bidder shall quote the price CIF-destination insurance etc. but excluding Octroi/Entry Tax which inclusive of all costs and charges including all costs will be paid extra as per actuals, wherever applicable. towards Packing, forwarding, freight, insurance, CENVAT-able duties shall be mentioned separately commission, unloading or any other incidental charges. which will be paid extra as per actuals on production of GST shall be quoted separately. The offer shall be firm in proof of payment. The basic unit price and all other Indian Rupees. No Foreign exchange will be made components of the price need to be individually available by the purchaser indicated against the goods it proposes to supply under the contract as per the price schedule given in Price CIF- Destination or CIF-Destination Price used Section VII. Prices of incidental services should also interchangeably anywhere in this document means price of be quoted. The offer shall be firm in Indian Rupees. product inclusive of all costs and charges including all costs No Foreign exchange will be made available by the towards packing, forwarding, freight, insurance, purchaser. loading/unloading or any other incidental charges involved for supplying product at designated place (consignee 9.2 Prices indicated in the Price Schedule shall be address) of MTNL but excluding GST, as applicable. entered in the following manner: The Basic Unit price (Ex-Factory Price) of the goods, 9.2 The supplier shall quote as per price schedule given Sales Tax/VAT Freight, Forwarding, Packing, in Section VII for all the items given in schedule of Insurance and any other non CENVAT-able requirement. Levies/Charges already paid or payable by the supplier shall be quoted separately item-wise. 9.3 The Basic Unit Price CIF-destination (excluding GST CENVAT-able Levies/charges shall also be quoted credit eligible amount) quoted by the bidder shall remain separately item-wise. firm during the entire period of contract and shall not be subject to variation on any account. Any change in 9.3 The Basic Unit Price quoted by the bidder shall incidental charges will not alter the basic prices during the remain fixed during the entire period of contract and contract period. A bid submitted with an adjustable price shall not be subject to variation on any account. A bid quotation will be treated as non - responsive and rejected. submitted with an adjustable price quotation will be treated as non - responsive and rejected. Page 1 of 18 Annexure- I Post GST Amendments as per Board Approval dated 16.01.2018 9.4 The prices quoted by the bidder shall be in sufficient detail (including details of CENVAT-able & 9.4 “DISCOUNT, if any, offered by the bidders shall not be non CENVAT-able duties) to enable the Purchaser to considered unless specifically indicated in the price arrive at the price of equipment/system offered. It is schedule of the bid. Bidders offering discount shall mandatory to quote CENVAT-able duties as per therefore modify their offers suitably while quoting and shall prevailing duties at the time of submission of the bid. quote clearly net price taking all such factors like Discount, free supply etc. into account”. 9.5 DISCOUNT, if any, offered by the bidders shall not be considered unless specifically indicated in the price schedule. Bidders desiring to offer discount shall In addition to above, in case the discount is not quoted in therefore modify their offers suitably while quoting price schedule separately and discount is provided to the and shall quote clearly net price taking all such factors purchaser post supply then the same will be considered as like Discount, free supply, etc, into account”. value of supply and accordingly supplier shall raise a credit note to MTNL. In case supplier fails to raise credit note in 9.6 The price approved by MTNL for procurement will time then MTNL shall be authorised to raise a debit note be inclusive of non CENVAT-able Levies and Taxes, against such discount plus applicable GST. Such credit/debit note shall be issued before September 30th of packing, forwarding, freight and insurance as mentioned in para 9.1 above but excluding CENVAT- following end of financial year in which such supply was able duties which will be paid extra on production of made. proof of payment. Break up in various heads of non 9.5 (a) Benefit in custom duty, if any, on account of CENVAT-able duties i.e., Sales tax, insurance, freight “infrastructure projects” shall be passed on to MTNL. and other taxes paid/payable as per clause 9.2 (i) is for The bidder is expected to take action for arranging the information of the purchaser and any change in infrastructure benefits available for telecom sector. It is these shall have no effect on price during the the responsibility of the bidder to avail the reduced rate of scheduled delivery period. custom duty as applicable. 9.7 Changes, if any, requested by the bidders for supply of indigenous items in place of imported (b) The goods may be shipped in the name of MTNL. The items and vice versa, quoted in the bids, may be vendor shall be responsible for custom clearance, considered only on the lower of the two rates. insurance and transportation till the commissioning and handing over of the system to MTNL etc. on behalf of MTNL, including payment of custom duty, insurance, freight and other charges, if any. MTNL will issue necessary letter of authorization, if required, for the purpose of claiming concessional custom duty as per 9.5(a) Page 2 of 18 Annexure- I Post GST Amendments as per Board Approval dated 16.01.2018 whenever applicable. 9.6 Changes, if any, requested by the bidders for supply of indigenous items in place of imported items and vice versa, quoted in the bids, may be considered only on the lower of the two rates. 9 Evaluation 22.1 The Purchaser shall evaluate in detail and 22.1 The Purchaser shall evaluate in detail and compare the bids previously determined to be compare the bids previously determined to be & comparison substantially responsive pursuant to clause 21. substantially responsive pursuant to clause 21. Of substantially responsive 22.2 The evaluation and comparison of responsive 22.2 The evaluation and comparison of responsive bids bids. bids shall be done on the basis of net cost to MTNL on shall be done on the basis of Net cost to MTNL excluding ( Clause 22 of the price of goods offered inclusive of Duties and GST Credit-eligible Amount (as given in price schedule of Section-II) Taxes (but excluding CENVAT-able Duties & Taxes) Section-VII Part-II of the bid document). . sales tax, packing, forwarding freight & insurance charges etc. as indicated in col.13 of the Price Schedule in Section VII Part-II of Bid Document. As stipulated in Clause 9.1, Octroi/Entry taxes are not to be included in the composite price and hence the same will not be considered for the purpose of evaluation and comparison of bids. However, Octroi / Entry Taxes will be paid extra as per actuals wherever applicable on production of proof of payment/relevant invoices/documents. 10 Performance 4.1 The supplier shall furnish performance security to Security the purchaser for an amount equal to 5% of the value PERFORMANCE SECURITY ( Clause 4 of of purchase order within 14 days from the date of issue Section-III) of Advance Purchase Order by the Purchaser. The 4.1 The supplier shall furnish performance security to the suppliers (small scale units) who are registered with purchaser for an amount equal to 5% of the value of National Small Scale Industries Corporation UNDER purchase order within 14 days from the date of issue of SINGLE POINT REGISTRATION SCHEME are Advance Purchase Order by the Purchaser. The suppliers exempted from payment of performance security up to (small scale units) who are registered with National Small the amount equal to their monetary limit. In case of Scale Industries Corporation UNDER SINGLE POINT Page 3 of 18 Annexure- I Post GST Amendments as per Board Approval dated 16.01.2018 suppliers having monetary limit as “NO LIMIT”, REGISTRATION SCHEME are exempted from payment of “WITHOUT LIMIT”, or “MORE THAN Rs. 50 LAKHS”, performance security up to the amount equal to their the exemption will be limited to Rs.50,00,000/- monetary limit. In case of suppliers having monetary limit (Rupees Fifty Lakhs) only. A proof regarding current as “NO LIMIT”, “WITHOUT LIMIT”, or “MORE THAN Rs. 50 registration with NSIC for the TENDERED ITEMS will LAKHS”, the exemption will be limited to Rs.50,00,000/- have to be attached along with the bid. (Rupees Fifty Lakhs) only. A proof regarding current registration with NSIC for the TENDERED ITEMS will have to be attached along with the bid. 4.2 The proceeds of the performance security shall be payable to the Purchaser as compensation 4.2 The proceeds of the performance security shall be for any loss resulting from the supplier’s failure to payable to the Purchaser for any deficiency in complete its obligations under the contract. performance of contract and /or the supplier’s failure to complete its obligations under the contract 4.3 The performance security bond shall be in the In case of adjustment of any amount from performance form of Bank Guarantee issued by a scheduled Bank security with respect to supplier’s failure in and in the form provided in „Section IX‟ of this Bid performance of contractor or deficiency in performance Document. of contract then, Supplier shall raise a credit note to MTNL. In case supplier fails to raise credit note in time then MTNL shall be authorised to raise a invoice / debit 4.4 The performance security bond will be discharged note to vendor against such adjusted amount plus by the Purchaser after completion of the supplier’s applicable GST. Such credit/debit note shall be issued performance obligations including any warranty th before September 30 of following end of financial year obligations under the contract. in which such supply was made. 4.3 The performance security bond shall be in the form of Bank Guarantee issued by a scheduled Bank and in the form provided in „Section IX‟ of this Bid Document. 4.4 The performance security bond will be discharged by the Purchaser after completion of the supplier’s performance obligations including any warranty obligations under the contract. 11 Payment 11.1 Payment of 95% of the prices (excluding 11. Payment Terms : Terms for CENVAT-able duties and taxes) shall be made on A : For Supply & Services Page 4 of 18
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