01. REQUIREMENT Sealed tenders in two cover bid systems (Technical & Financial) affixed with Rs.5/- revenue stamp are invited for and on behalf of Governor of State of Jammu and Kashmir through the Chief Executive Officer Livestock Development Board, Kashmir, Shalteng, Srinagar, Kashmir (India) from the original manufacturers/ their Indian subsidiaries or their authorized representatives for supply / installation & commissioning of following equipment as per details shown in the annexure attached to this NIT and terms and conditions as detailed hereunder: 40-50 LIT. PER HOUR CAPACITY LIQUID NITROGEN PLANT ALONGWITH REQUISITE ACCESSORIES/SPARES ETC 02. SALE OF TENDER DOCUMENT The detailed NIT containing the specification of the equipment along with the terms and conditions of supply/installation & commissioning can be had from the office of the undersigned up to _________(date) against a non-refundable tender fee of Rs.5000/- payable in the shape of Bank draft favoring Chief Executive Officer Livestock Development Board Srinagar Kashmir (India) 03. MANNER OF BIDDING The tenderers(s) will be required to submit their tender(s) in two cover bid systems (Technical and financial) a) The technical bid should contain detailed technical specification & catalog of the quoted model with essential and optional accessories with other details as specified in this NIT. b) The Technical bid should also give details of the after sales service to be provided by the manufacturer/supplier. c) The technical bid should also provide details of spare parts to be provided free of cost with the plant, requirement of such spares from time to time and their availability in the country. d) The tender bids should also contain the list of installation of such plants in India alongwith the performance report thereof from the user agency/agencies. e) All the commercial terms and conditions including comprehensive Annual maintenance contract must be mentioned in the technical bid. f) The number of pages of both technical and financial bids should be mentioned on the first page of each bid. 04. SUBMISSION OF TENDER The tender duly sealed super scribed with tender for supply of 40-50 lit. per hour capacity liquid nitrogen plant should the office of the undersigned by or before _____________(date) upto 2PM The tenders can be personally deposited in the receipt section of the office of the undersigned against proper receipt or sent Page 1 of 11

through registered / speed post/ courier. The tenderers shall ensure timely dispatch of the tender so that the same is received by the Livestock Development Board well before the stipulated last date & time. The Board shall not be responsible for any postal delay for late receipt of tenders. The tenders received after the stipulated last date & time shall not be accepted by the board. 05. OPENING DATE OF TECHNICAL BID The technical bid shall be opened on _________ (Date) at 2 PM or any other subsequent date convenient to the board authorities in presence of tenderers or their authorized representatives who may wish to be present at that time. The financial bid shall be opened on a subsequent date convenient to the committee. 06. REJECTION OF TENDERS The tenders should be typed and the rate/ amount shown both in words & figures. Tenders partly typed or partly hand written shall be rejected and the correction in the rates must be avoided. The tenders must be covered with transparent cello tape. 07. RIGHT RESERVED BY THE GOVERNMENT The Chief Executive officer Livestock Development Board Kashmir, Srinagar reserves the right to accept or reject any tender or part thereof without assigning any reason there to including the lowest tenderers & shall not be bound to consider quoted equipment/ item for placement of orders. 08. SIGNING OF TENDERS & VALIDITY OF TENDERS The tender document should be properly page marked, signed & stamped by the authorized signatory of the tenderer complete initials of the authorized signatory must be indicated in the tender. The tenders must be valid for a period of one year from the date of opening of financial bid. Conditional tenders shall not be accepted. No escalation of rates shall be allowed by the board during the period of contract. 09. LETTER OF AUTHORITY The Indian agent /Indian subsidiaries quoting on behalf of their foreign principles for (imported equipment) and the authorized dealers for indigenous equipment must enclosed with their tender the latest copy of authority letter authorizing them to quote on their behalf against this NIT. 10. POWER OF ATTORNEY The tenders should be accompanied by a certificate of the power of attorney of the signatory of the tender document with his full initials. The power of attorney should also include the power to refer the dispute/disputes if any for arbitration. Page 2 of 11

11. SCOPE OF THE CONTRACT The scope of the contract covers: a) Supply/ installation/ testing/commissioning and handling of equipment as per the ordered/approved specifications within the stipulated delivery schedule. b) On site training of the personnel involved in operation of the equipment by a trained engineer from the supplying company. c) Comprehensive annual maintenance contract for maintenance of the equipment after expiry of guarantee period. d) After sale service by companies trained engineer for maintenance of the equipment during & after guarantee period for at least five years period and name & address of the authorized sale and service centre in India. e) The certificate of the engineers experience on the quoted equipment should be furnished by the foreign principals directly along with the tender. 12. DESCRIPTION OF THE TENDER/ TENDER COSTS The tenderers are advised to furnish comprehensive description of quoted equipment conforming to the advertised specifications. The tenderers shall not be entitled to any costs and charges incurred by them for the submission of tenders. 13. EARNEST MONEY a) The tenders must be accompanied with the earnest money in the shape of CDR/FDR equivalent to 2% of the quoted value drawn on any nationalized bank pledged to Chief Executive Officer Livestock Development Board Srinagar Kashmir (India) b) Tenders not accompanied with the required earnest money shall be rejected. c) In case of foreign manufacturers having no Indian representative / Indian subsidiaries or who wish to quote directly without Indian representative / Indian subsidiaries, there shall be no need to furnish any CDR/FDR. They shall however have to furnish a bank Guarantee equivalent to 2% of the quoted rates initialized for a period of one year pledged to Chief Executive Officer Livestock Development Board Kashmir, Srinagar (India) and should be negotiable in India. d) In case of successful tenderers the earnest money shall be released after supply / installation/ testing /commissioning and handing over of the equipment to the entire satisfaction of the Board authorities and after necessary security deposit is furnished. e) In the event of the successful tenderers failing to abide by the offer, the Government will be at liberty to resort to legal remedies available under Law

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in force in the State of Jammu and Kashmir, which will include forfeiture the earnest money. f) In case of the unsuccessful tenderers the CDR/FDR shall be released after completion of the contract with successful tenderers. 14. SECURITY DEPOSIT a) The successful tenderers shall have to furnish the security deposit equivalent to 10% of the total value of the order which shall include equipment as well as allied turnkey jobs in the shape of CDR/FDR or Bank Guarantee negotiable in India drawn on any Nationalized Bank pledged in favour of Chief Executive Officer Livestock Development Board Kashmir Srinagar (India) for due fulfillment of the contract as per the order. b) The security deposit has to be furnished by the successful tenderers within a period of 45 days from the date of communication of the acceptance of their tender. c) The Bank Guarantee/CDR/FDR should be initially valid for the guarantee periods as will be finalized with the successful tenderer. The Security deposit will be released after satisfactory performance of the equipment during the stipulated Guarantee period. 15. PRICES The tenderers shall furnish the prices as per the following details. 15.a) FOB price of the Basic equipment with essential & optional accessories. b) Estimated airfreight/insurance charges up-to New Delhi. However these charges are payable to the successful tenderer at actual rates paid against the production of authentic documentary evidence. d) Total Price CIF New Delhi in foreign currency. e) Total price up-to Srinagar which shall include the transportation charges from New Delhi to Srinagar. f) CIF price of optional accessories if any g) Installation charges if any h) Percentage of Indian agency commission on FOB price which shall be payable to the IndianAgent in Indian currency. i) FOB price of consumable kits if any j) Comprehensive Maintenance contract Charges after the expiry of the Guarantee Period k) CIF price for spares for 10 years l) The price quoted should be as the international price list of the manufacturers applicable to all the countries including India 16. B) FOR INDIGENOUS EQUIPMENTS 1. The rates quoted should be FOR delivered at Srinagar inclusive of all charges except tax components, which have to be indicated separately. 2. Excise duty if any must be shown separately.

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3.

The rates quoted should be as per the manufacturer’s price applicable to Government/ SemiGovernment / institutions of country. 4. In case during the currency of the contract it is established that printed/MRP rates are lower than the quoted/approved rates, difference on this account with 10% penalty as may be decided by Board authorities shall be recovered from the successful tenderer. 17. DISCOUNT Maximum discount to be offered should be clearly indicated in the tender.

list the the the the

18. TAXES & levies a) The component of Sales tax, excise duty, service tax and VAT as applicable in Government department should be clearly indicated in the tender otherwise it shall be presumed that the rates are inclusive of all these taxes. b) Service/ Entry tax for both the imported and indigenous equipment if any shall be paid by the successful tenderer which shall be reimbursed by the Livestock Development Board against the production of authentic documentary evidence. However, the rates of such type of taxes must be indicated clearly in the tender. 19. AGREEMENT The successful tenderers shall have to execute a formal agreement with the Chief Executive Officer Livestock Development Board Kashmir, Srinagar within a period of 30 days from the date of the communication of the acceptance of their tender. All expenses on account of stamps, registration and other related charges shall be borne by the successful tenderer. 20. SUB-LETTING OF THE CONTRACT The successful tenderer shall be responsible for execution of the contract in full and shall not in any case assign or sublet the approved items or part thereof to any other party which will otherwise attract a penalty of 10% of the total value of the order by forfeiting earnest money/ security deposit / withholding of other deposits in the board as a whole and even debarring and black-listing of the successful tenderers. 21. CLARIFICATIONS Any clarifications required by the tenderers with regard to the technical points mentioned in the tender or subsequent sections of the annexure hereto or otherwise pertaining to the job may be sought through correspondence or in person from the office of the undersigned during the office hours before the last date of submission of the tender. 22.

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GUARANTEE/WARRANTY

The tenderers shall quote for guarantee period of Two years from the date of installation of the equipment with seven years comprehensive maintenance contract. During the guarantee period of two years the board will keep 10% of total cost as bank guarantee & after the expiry of guarantee period the bank guarantee will be released. The Guarantee/Warranty shall cover the entire equipment to be supplied by the successful tenderer and should be brand new and latest state of art to suffice the present requirement and future needs of the Livestock Dev. Board including the scope for up gradation and should be guaranteed for the period as mentioned above (Service-cum-spares) from the date of successful commissioning and handing over the equipment The Guarantee shall also cover the satisfactory performance of the equipment with all accessories during these periods. In case the equipment/ any part thereof supplied by the successful tenderer develops any manufacturing defect or otherwise doses not function properly/correctly during the guarantee period, the successful tenderer shall have to replace the equipment/ repair the fault at their cost and expenses within a period of 30 days from the date the defect is communicated to them. The successful tenderers shall be bound to stock with the service-engineer at site an adequate inventory of the spares required for repair and maintenance of the equipment. In case of the breakdown requiring any odd/rare component which needs to be imported, the successful tenderer shall have to replace/repair the equipment within a period of 45 days from the date of defect is intimated to them or 30 days from the date of clearance of the component/spare by the authorities of the board whichever is earlier. Besides the preventive maintenance and upkeep of 95% uptime of the equipment by the service engineer, the successful tenderer shall have to ensure four annual compulsory preventive maintenance visits by their service engineers in addition to any number of emergency calls during the guarantee period. The period during which the equipment remains non functional or unserviceable for want of repair/spare shall not be counted towards the Guarantee period and the Guarantee period shall have to be extended by the successful tenderer accordingly. During the Guarantee period, the desired uptime of 95% of 365 days (24 hours a day basis) shall have to be ensured by the successful tenderer. 23. SPARE PARTS DURING GUARANTEE PERIOD All the spares required during the Guarantee period shall have to be arranged by the successful tenderer either in India or from their foreign principals at Page 6 of 11

their own costs/care/expenses within a period of 15 days of the intimation of the defect, if the spares are available in India. However, in case the spares are required to be imported the same shall have to be arranged by them within 30 days from the date of intimation from the Board. In case NMIC/DEC is required for duty free import the same shall be provided by the Board but all the expenses incurred in custom clearance including the custom duty and other levies if any shall be borne by the successful tenderer. The guarantee period of the whole equipment shall get extended by the period the spares are arranged, fitted and equipment made functional by the successful tenderer. 24.

SERVICE CONTRACT The tenderers are required to quote their rates for comprehensive Maintenance Contract (Service-cum-spares) for seven years which should include four visits of their trained engineer in a year plus any number of emergency calls in between if required. The CMC should include. i) For the post Guarantee period CMC should be Comprehensive and should include onsite warranty for the entire equipment. ii) The desired uptime is 95% of 365 days (24 hours a day basis) for all the equipment. iii) The rates for the comprehensive maintenance contract should be quoted in Indian currency. 25. TERMS AND CONDITIONS OF CMC A) The CMC shall cover repair, maintenance and check-up of all the equipment and accessories including consumables & fitting of new spares. B) The CMC shall come into force after the expiry of the Guarantee period as stipulated in the Guarantee clause of this NIT. C) The payments on account of CMC charges shall be released by the Board on yearly basis against a certificate from the concerned Officer In charge confirming 95% up-time of the equipment during the service contract period. D) No advance payments on account of CMC shall be made by the Board. 26. PAYMENTS The terms of the payment shall be as follows: a) In case of imported equipment, the payment shall be made directly to the foreign principals through an irrevocable letter of credit to be opened by the Livestock Dev. Board for 100% CIF value. b) The Board shall release 90% payment after receipt / inspection/ installation/ testing/commissioning and handing over of the equipment to the concerned board in perfect condition and working order with all the parameters of the equipment in functional order. c) The Balance 10% payment shall be released after successful and satisfactory performance of the plant which shall be certified by committee of officers/officials constituted for the purpose. The time frame for such period shall be decided by the Board. Page 7 of 11

d) In case of shortage of funds the successful tenderer shall have to agree for the deferred payments on mutually agreed terms and conditions. e) All the bank charges for opening of the letter of credit in Srinagar (India) will be borne by the Board. All charges payable to the advising foreign bank shall be borne by the successful tenderer. For any L/C amendments asked by the successful tenderers the bank charges shall be borne by the tenderer. f) In case there is any discrepancy in the set of the shipping documents presented to the bankers, the charges on account of exchange variation and demurrage etc. shall be borne by the successful tenderer. g) Installation charges if any shall be paid in Indian Rupees after installation/testing/commissioning & handing over of the equipment to the Board authorities in perfect condition and working order. h) In case the shipment of the equipment has been delayed by the successful tenderer beyond the accepted delivery schedule and not covered under Force Majeure clause all the exchange variation shall be deducted from the balance 10% payment of the successful tenderer. i) For the indigenous equipment 90% payment shall be released by the Board after receipt/satisfactory inspection/ installation and handing over of the equipment in perfect condition and working order and balance 10% will be released after satisfactory performance of the plant to be certified by team of officers. 27. EXCHANGE VARIATIONS The Livestock Development Board Srinagar shall deposit 100% margin money with the bank for opening of the letter of credit at the exchange rate prevailing on the date of opening of the letter of credit. The remittance to the successful tenderer shall be made at the exchange rate prevailing on the date of negotiation of documents if the shipment of the equipment has been made within the accepted delivery period. 28. CUSTOM CLEARANCE The custom clearance of the equipment and its transportation to site of installation at Srinagar shall be the responsibility of the successful tenderer. Necessary custom clearance documents if required shall be provided by the Board. 29. INSPECTION The entire equipment with accessories shall be received by the Livestock Development Board at Srinagar Kashmir (INDIA) on said to contain basis and shall be inspected by the board authorities in presence of the authorized representative of the successful tenderer if desired so. Any shortage/damage/discrepancy etc. noticed at the time of such inspection shall be replenished by the successful tenderer within a period of 30 days from the date of intimation to them free of cost. Page 8 of 11

30. PACKING & DISPATCH The equipment before dispatch shall have to be properly packed by the successful tenderer at their costs. The packing should conform to the special conditions as laid down by the transport/air-lines/airways. 31. DELIVERY & COMPLETION PERIOD An early delivery of the ordered equipment is desirable. The tenderer should quote specific delivery period for the equipment advertised. The completion period of the turnkey jobs should also be specified clearly. 32. TRAINING In order to ensure full and optimum utilization of the equipment, the successful tenderer shall have to impart free onsite training to sufficient number of technical staff of the Livestock Development Board. 33. INSTALLATION OF THE EQUIPMENT All pre-installation requirements of Civil, Electrical mechanical including drawings and plans for the equipment shall have to be finalized by the successful tenderer with the authorities of Livestock Dev. Board prior to the dispatch/receipt of the equipment. The equipment after receipt shall have to be installed by the trained/ qualified engineer of the successful tenderer within a period of 30 days from the date of the intimation from the Board. 34. TESTING & QUALITY OF THE EQUIPMENT The equipment to be supplied should be of the latest State of Art & Technology conforming to the highest standards of manufacturing technology in respect of durability, strength and engineering practices. In case any equipment/ accessory or part thereof develops any defect which could not be detected at the time of its installation at site within 6 months from the date of acceptance of the equipment, it shall be promptly replaced by the successful tenderer free of charges and all expenses of transportation, custom clearance and installation shall be borne by the successful tenderer. 35. TOOLS & TACKLES The successful tenderer shall arrange at their own costs all tools, tackles and other appliances necessary or desirable for unloading of the equipment at the time of its receipt at Srinagar and its shifting to the site of installation. 36.

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SALES TAX CERTIFICATES

The latest copies of the Income/Sales tax clearance certificate must be enclosed with the tender. Tax payer identification Number (TIN) must also be mentioned wherever applicable. 37. The successful tenderer shall have to submit the performance report of the last three years of successful installation of LN2 plants at different sites and the result thereof. The tenderer shall have to submit the certificate of purchaser to this effect. 38. ARBITRATION a. If at any time question / dispute arises between the successful tenderer and Livestock Dev. Board or in relation with this contract either of the parties may give in writing to other party the existence of such a question, dispute or difference and the same shall be referred to two arbitrators one to be nominated by the Board and other by the successful tenderer or in case of such arbitrators not agreeing then an umpire to be appointed by the arbitrators in writing before proceeding with the reference umpire appointed by them shall be final and binding on the parties. The provision of J&K Arbitration Act of 2002 and the rules there under or any other statutory modification thereof shall be deemed to apply to arbitration. Such a notice of existence of any question or dispute or difference in connection with this contract shall be served by either party within 60 days of the beginning of such dispute failing which all rights and claims under this contract shall be deemed to have forfeited and absolutely debarred. b. Jurisdiction for any legal disputes etc.: Jurisdiction shall be Srinagar Court only. 39. PENALTIES In the event of the successful tenderers failing, declining, delaying or neglecting the supply of the goods as per the order or in the event of any damage occurring or being caused by the successful tenderer or in the event of any default by the successful tenderer in complying with any of the terms and conditions of the contract or a default or failure in completion with any of the terms and conditions of the contract. The Chief Executive Officer Livestock Dev. Board will be at liberty to resort to other remedies in force in J&K state. a) Terminate the contract after 30 days notice and / or b) Recover the amount of the loss caused by the damage, failure or default including the consequential damages or a default or failure as may be determined by the Chief Ex. Officer LDB c) Forfeit CDR/FDR d) Impose penalty equivalent to 5% of the total unsupplied value of the order e) Penalty shall however be subject to force Majeure and arbitration clause of the NIT Page 10 of 11

f)

Other provision of penalty shall be as per Guarantee/Warrantee, of the NIT

40. INSTALLATION LIST The installation list of the quoted equipment along with the performance report of the actual users must be enclosed with the tender. In case the installation list is not enclosed it shall be presumed that the same has not been furnished intentionally by the tenderers and no separate request for its submission shall be made by the Board. 41. REGULATORY CLEARANCE CERTIFICATES It will be the responsibility of the successful tenderers to obtain necessary regulatory clearance certificate as may be required for import/ installation and working of the equipment. 42. AERB APPROVAL It shall be the responsibility of the tenderer to obtain NOC if any required from the regulatory Body AREB Mumbai India. 43. COMPLIANCE STATEMENT All the claims of the tenderers regarding fulfilling the specifications shall be duly supported by appropriate, latest technical catalogues/brochures from the manufacturers and simply stating that the equipment quoted meets the advertised specifications is not sufficient and such tender shall be rejected. Computer printed documents or laser printouts will not be accepted as technical catalogue/brochure.

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