Legal Terms and Conditions
Steel Authority of India Ltd
Bhilai Steel Plant
Bhilai, Chhattisgarh-490 001
UNDERTAKING & DECLARATION
e-Procurement System of SAIL BSP
The following terms used herein to mean :
a. The Company : M/s Steel Authority of India Ltd – Bhilai Steel Plant
b. Tenderer : Supplier/Contractor to M/s.Steel Authority of India Ltd, Bhilai Steel Plant
c. Service Provider: M/s Steel Authority of India Ltd – Bhilai Steel Plant
d. e-Procurement: Internet based, Web-enabled SAP-SRM System.
e. IFB : Invitation for Bid
I understand, undertake & declare that I agree to the following procedure & system for viewing the Company’s Invitation for Bid (IFB) and Quoting against the IFB through web enabled e- Procurement system of the Service Provider.
1. All IFB that are posted on the Web site of the e-Procurement https://eproc.sail-bhilaisteel.com by the company shall be considered as valid legal documents against which the Supplier/s to whom the said Invitation to tenders have been addressed can submit their quotations in accordance with all the Terms & Conditions stipulated in the Invitation to Tender.
2. All quotations submitted by the Supplier / his authorized agent/representative by logging on to the above web site for e-Procurement using the User Identification provided by the Service Provider and password by which the person logging into the e-Procurement System is authenticated and filling up the structured on-line forms available against each such Invitation to Tender, shall be considered as legal and binding documents having in all opinions the same legal validity as a physically signed quotation by the Tenderer/His authorized agent/representative.
3. In the event of the Tenderer having submitted more than one quotation against an Invitation to Tender, or its extension, if any, only the latest quotation submitted by him shall be considered as the valid quotation for consideration of opening of the quotation and issuance of Acceptance of Tender by the company. All earlier quotations submitted in the e-Procurement System shall be deemed to be superceded and invalid and will remain un-opened in the System and also not available for viewing the details by the Tenderer or the company or the Service Provider once the valid quotations against the said Invitation to Tender are opened on the scheduled date and time by the company’s authorized representative.
4. Once the quotations against an Invitation to Tender submitted in the e-Procurement System are opened, the Tenderer/s shall be legally bound to honour the contract, which may arise out of the acceptance of the said quotation. In the event of non-acceptance of the contract so awarded and arising out of such quotations (including any subsequent confirmations on price, technical and commercial grounds from the Tenderer) the company shall have access to all and same legal remedies available for enforcement of the contract as available had the quotations been submitted by the Tenderer on paper attested with a signature of an individual so authorized.
5. Once the quotations are opened, the Tenderer shall have no claim to withdraw the quotations on the grounds that he had not understood any part/total of the web posted Invitation to the Tender and/or that he had not submitted the quotations and/or that his user-id and password had been wrongly used by someone else not authorized by him and/or that the authority of the personnel who had been entrusted with the user-id and password had since ceased and/or that the prices, technical parameters and terms and conditions which are available on-line in the e-Procurement System are not the ones that the Tenderer had submitted originally. The maintenance and security of the user-id and password is strictly and solely the responsibility of the Tenderer. The Company and Service Provider shall not be in any way responsible for the loss/misuse of the same.
6. We understand that the company and Service Provider disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. We are also aware that problems related to bandwidth, connectivity etc., are beyond the control of company and Service Provider, and hence no responsibility can be taken by Company or Service Provider for the same.
7. That the above transmission, retention and retrieval of Invitations to Tender, Submission of quotations by the Interested Tenderers etc will be handled through the Secure Servers of the Service Provider.
8. That the Tenderer who will be participating in the above e-Procurement System will be registering themselves with the Buyer/ Service Provider for obtaining the required User Identification and passwords for authentication for the e-Procurement System, which thereafter will be maintained by the Tenderer’s authorized personnel.
9. That after the said registration in the e-Procurement System with the Service provider, the Tenderer will be able to Log on to the e-ProcurementSystem of the Service Provider and View, Download and see all the Invitations to Tenders, which are transmitted by the Company to them through the e-Procurement System.
10. That the Tenderer can thereafter, subject to their agreement to the terms and conditions stipulated for each of the Invitation to Tenders posted by the company, submit their quotations in the Structured Formats available for the purpose in the e-Procurement System web site indicating the Prices, Taxes and Duties, Freight and all relevant Technical and Commercial contractual information as applicable and desired by them.
11. That once the Tenderer fills up the on-line forms for submission of quotations, the data contained in these forms will be stored in the Service Provider’s Servers in a secure form neither available or visible to any agency including the Service Provider or the company till the time and date of opening of the Invitation to the Tenders against which such quotations are submitted, or till such extended time and date of submission as may be indicated against the tender, subsequent communications at the discretion of the Company.
12. That the Tenderer can during the time and date for which the Invitation to Tender is valid for submission of Quotations, submit fresh quotations in super cession of his earlier quotation, in which event the latest quotation submitted by the Tenderer only will be considered as Valid.
13. That the quotations so submitted on-line through the medium of Internet will be opened on/after the scheduled opening date and time (including the extended date and time, if any) by an authorized officer of the company, at which time the quotations’ Bid part submitted by all Tenderers against the relevant Invitation to Tender will be available for Viewing in the e-Procurement System by all the Interested Tenderers who have responded with a valid quotation to the said Invitation to Tender.
14. For any disputes arising during the course of submission of the quotations on-line or for any matters subsequent to acceptance of such on-line quotations, the method of settlement shall be through the process of Arbitration by a Sole Arbitrator appointed by the MD/Chief Executive of Steel Authority of India Limited, Bhilai Steel Plant.
15. Legal Jurisdiction: Any Contract with the Company, arising out of the E-Proc System shall be deemed to have been formed entirely at Bhilai, notwithstanding the place from which tender has been submitted. Subject to clause 7 above, legal proceeding shall be triable by the Civil Courts having territorial jurisdiction over Bhilai.
16. Any information submitted through e-Procurement system with regard to dispatch of stores, spares or other materials against the Purchase Order issued by the Company shall be considered in good faith & shall be relied upon as if submitted in physical form giving the name of Transporter, Motor Receipt/Lorry Receipt No., dated of desaptch & details of consignments sent therein.
17. Any Inspection Request or Inspection Call Letter submitted by the party to invite BSP for carrying out inspection at its site shall mean that the material has been made ready for the inspection to be carried out as per terms & conditions of Purchase Order & Tenderer/Party shall be fully responsible for any violation of claim of inspection to be carried out at his premises in accordance with terms of Purchase Order or materials specification ordered therein.