NORTH EAST ZONE

FOOD CORPORATION OF INDIA
REGIONAL OFFICE::NEF REGION
SHILLONG

No.1 (1)/NEFR/COMPUTER/A.M.C./2007-08                      Dated: 21.02.2009

TENDER NOTICE

     For and behalf of Food Corporation of India, the General Manager (Region), Food Corporation of India, Regional Office Shillong invites sealed tenders in two bid tendering system (Technical Bid and Price Bid) for comprehensive annual maintenance contract (AMC) of (i) Computer systems and peripherals, and (ii) UPS from experienced and bona fide service providers with strong financial background having experience of Annual Maintenance Contract of Computers/peripherals in PSU or Govt. Department during preceding 3 years of minimum Rs 2,00,000/-(Rs 2 lacs). The tenders are invited separately for Computer systems/ peripherals and UPS systems. Tenderers can opt to bid for AMC of both Computers/peripheral and UPS or any of them. However, tenderers opting to bid for AMC of both Computers/peripheral and UPS, shall have to deposit their bids separately for each of the items.

     The technical Bid must be accompanied with prescribed Earnest Money of 2% of quoted contract value but not less than Rs 5000/- in form of Demand Draft/Pay Order in favor of Food Corporation of India, Regional Office, Shillong drawn on any schedule Bank and payable at Shillong. Tenders not accompanied by Earnest Money in the prescribed manner shall be summarily rejected.

     Tenderers are advised to ensure submission of valid service tax and registration number from the OEM (HCL, Wipro etc) and certificates/documents showing annual turnover of not less than Rs.3 crores for the last three financial years along with the technical bid, failing which the tender may be treated as incomplete and will be summarily rejected.

     The Technical Bid and Price Bid are to be submitted simultaneously in two separate envelopes, clearly super scribed as Technical Bid and Price Bid and finally put in double sealed envelopes, the inner envelope super scribing the Tender No. /Date and Name of Work. The outer cover shall be addressed to General Manager (Region), Food Corporation of India, Regional Office, Shillong without mentioning the name of the tenderer and that the tender is contained inside. The validity period for the tender will be for 45 (forty-five) days from the date of opening of the tender and the General Manager (Region), Food Corporation of India, Regional Office Shillong may at his discretion extend this by 30 days and such extension shall be binding on the tenderers. Tenderers resiling before validity period shall be blacklisted.

     The tender will be received on 05th March, 09 up to 1.00 PM in Regional Office Shillong and will be opened on the same day at 2:00 PM in the presence of the tenderers or their authorized representatives who may wish to be present. If the date for opening is declared to be a holiday the tender shall be opened on the next working day. The Price Bid envelops of only those tenderers will be opened who are found to be technically qualified. The date/time of opening of the Price Bid will be intimated to the qualified tenderers.

     After acceptance of the tender an Agreement has to be entered with the FOOD CORPORATION OF INDIA as per Annexure ‘C’. The successful tenderer shall furnish within a week, a security deposit of 5% of contract value including the earnest money which will be converted into Security Deposit and which will be refunded on successful completion of the AMC. EMD of the unsuccessful bidder will be refunded within a reasonable period. The decision of the Corporation will be final and FOOD CORPORATION OF INDIA reserves the right to accept or reject any or all the tenders without assigning any reason/s thereof.

     The criterion for Technical Bid is at Annexure ‘A’. The Price Bid is to be submitted in the format at Annexure ‘B’. The list of computer/peripherals (Annexure-B) along with the terms and conditions for the AMC is enclosed herewith (Annexure- ‘C’).The Price Bid of only those will be considered, who will qualify these criteria and submit the documents as prescribed at Annexure ‘A’.

(General Manager-Region)

Download Annexures in Word format

Annexure A

Criteria for Technical Bid

1. The technical bid must be accompanied with prescribed earnest money of 2% of quoted value of contract but not less than Rs. 5000/- in form of demand draft/pay order in favor of FCI, Regional Office, Shillong drawn on any schedule Bank and payable at Shillong

2. The technical bid shall be accompanied by valid service tax registration certificate

3. The bidder for Computers/peripherals shall also submit the copy of valid certificate from OEM i.e. HCL or Wipro indicating that the bidder is their authorized AMC provider.

4. The technical bid must be accompanied with duly authenticated certificates / documents showing annual turnover of not less than 3 crores during last three financial years.

5. The technical bid must be accompanied with experience certificate issued by PSU or Govt. Department, indicating clearly the satisfactory execution of AMC of minimum Rs. 2 lacs during preceding three years.

6. The technical bid must be accompanied with undertaking that resident engineer/technician deputed shall have appropriate experience as mentioned at Annexure C for the different location at Regional Office, Shillong.

7. The Technical bid must be accompanied with full address of Branch Officers & its Service Engineer along with Telephone no/email address in supporting to sl. 6 above.

8. The Technical bid must be accompanied with name of the Banker, indicating bank account no. and branch.


Annexure B

The indicative list of Systems & Peripherals to be under AMC.

The indicative list of UPS Systems to be under AMC.

Note:
1. These figures are indicative. Actual figure may change.

FORMAT FOR SUBMISSION OF PRICE BID

Annexure C
Terms and Conditions (Computers and Peripherals)

CONTRACT PERIOD:
For the equipment under maintenance with the FIRM, the AMC will be valid for 1 year from the date of signing the AMC contract. However, for systems already under warranty period, the period of AMC will commence from the day subsequent to date of the expiry of the warranty, for next one year.

SCOPE AND SERVICES:
The Firm agrees to provide the following services under the contract to keep the systems in good working order:
A) Scheduled preventive maintenance (PM) once in every Month for all systems. PM can be clubbed with corrective maintenance. The Firm would submit these calls sheets/ PM reports to FCI, Regional Office (RO). In case the Firm fails to submit PM reports, penalty clause will apply. PM shall be carried out on or before 10th of a month, excluding holidays. Beyond this period, 5% of AMC amount will be charged as penalty on weekly basis. If the penalty amount of the Firm exceeds the AMC amount then the issue will be taken to the higher authorities and vendor may not be considered for subsequent award of AMC.

B) Unscheduled, on call corrective and remedial maintenance service to set right the malfunctions of the system. This includes replacement of unserviceable parts. The parts replaced will either be a new parts or equivalent in performance to new parts. Whether a defective item or components is to be replaced or repaired shall be at the sole discretion of the Firm. In the case of a part, the defective part removed from the system will become the property of the Corporation.

C) Operating System (OS) Support: This contract is comprehensive inclusive of OS support on all the systems covered under this contract. Any problem related with OS maintenance, reloading of OS with all device drivers, OS upgrade, device drivers, system configuration and network configuration will be attended & rectified by the FIRM. All required device drivers will be provided by the FIRM. For OS up gradation FCI will provide a set of OS upgrade software.

D) Network Maintenance: Firm to maintain the networking equipments i.e. Router, Switches, Hubs, Firewall etc. and to provide LAN administration Services to provide remedial steps for the upkeep of the entire Network in order to achieve the network performance at the optimum level by the fine tuning various parameters of different S/W and H/W.

TERMS:
A. This contract may be renewed for further periods of one year with same terms and conditions, provided FCI is satisfied with the services of the Firm or on the terms & conditions mutually agreed by FCI and the Firm. Either party can terminate the contract at any time by giving two months notice in writing.

B. System maintenance charges shall not include the cost of consumables and supply items such as ribbons, media like magnetic tapes, cartridges, printer bands, floppy diskettes, print heads, computer stationery &CDs. the FIRM will install print heads for Dot Matrix Printers, however, print heads will be provided by FCI. Laser/Inkjet Printer maintenance charges include all parts except Toner/Ink Cartridge & Print Cartridge.

C. New equipment purchased from the FIRM will be included in AMC as soon as warranty expires or after the expiry of the common date of warranty, if the equipment is purchased in lots over a period. This will be done through Addendum signed by FCI and the FIRM.

D. The new upgrade items (Memory, HDD, MM Kit etc.) purchased from the Farm or any other vendor and upgraded into the existing AMC system , will be included in AMC with the Firm as soon as warranty expires or after the expiry of the common date of warranty of upgraded items, if the items are purchased in lots over a period. This will be done through addendum signed by FCI and the FIRM.

E. For down time calculation, the day on which the call is lodged will not be taken as part of downtimes.
Also, if the User is not able to hand over the system to the FIRM’s engineer for maintenance Purpose, such time will not be considered for the down time penalty.

F. In case of intermittent failures and repetitive problems due to improper diagnosis or repair, the system will be treated as continuously down, or not repaired by the Firm.

G. This contract extends only to problems arising out of normal functioning of equipment and the contract does not cover break down or services or spares cost, arising out of damages caused due to fire, theft, riots, accidents, earthquakes, storm and other natural calamities.

H. At each location, FCI will keep record of machine failure including the nature of failure, date and time of booking the complaint, when the machine is made up and the total down time. This record will be signed by the Firm’s service engineer and FCI representative. This can be done either through the complaint MIS or through complaint register.

I. FCI personnel will be responsible for operating the systems and peripherals , During the period of contract , FCI will restrict to operational activities only and will not repair/ maintain any equipment.

J. the equipment(s) will be handed over back to FCI after the AMC period in good working condition.

K. New hardware will be brought into maintenance through a written intimation or an Addendum. The new hardware will be inspected by the Firm and its maintenance will be taken up after acceptance of the same. In case FCI decides to withdraw any equipment from contract during the AMC period, the same would be taken out of this contract with written information to the Firm.

L. To monitor the maintenance activity and to discuss other related matters, a monthly meeting between FCI and the FIRM will be held at FCI- Regional Office, Shillong.
.
M. Any damage to the system resulting from burning of the system due to site problem would not be covered under this contract and repairing/servicing will be done on mutually agreed terms on case to case basis.

N. This contract does not cover any Database or User applications related problems. For OS support a set of OS will be provided by user. Initial level loading of OS will be attempted by user; in case it is not successful then problem will be reported to the FIRM.

O. Levies, Taxes if any, introduced by the Government from time to time will be extra.

EARNEST MONEY:

(i) The Tenderer/Quotationer shall pay to the FCI earnest money deposit at the flat rate of two percent of the tendered/quoted value of AMC but not less than Rs. 5000/-.

(ii) No exemption shall be allowed to any party from deposit of earnest money. Earnest Money of the Tenderer/Quotationer who resiles/modifies the offer will be forfeited.

(iii) The earnest money deposit shall be converted into security deposit after the acceptance of the tendered/quoted rate for AMC.

(iv) Tender/Quotation should be accompanied by earnest money in the form of account payee Bank Demand Draft, Pay Order or Banker’s Cheque etc. issued by a scheduled bank in favour of General Manager, Food Corporation of India payable at Shillong. Tenders/Quotation not accompanied by earnest money shall be summarily rejected.

(v) The earnest money deposited will be liable to forfeiture, if the Tenderer/Quotationer after submitting his tender/Quotation does not keep his offer open or modifies the terms & conditions thereof in a manner not acceptable to Food Corporation of India or withdraws his offer before final acceptance. The earnest money of all the unsuccessful Tenderer/Quotationer will be refunded to them as soon as practicable after decision on tender, but the Food Corporation of India shall not be liable to pay any interest thereon.

SECURITY DEPOSIT:

(i) The successful tenderer shall furnish within a week of the acceptance of the tender a security deposit of 5% of contract value including the earnest money which will be converted into Security Deposit. If the Tenderer/Quotationer fails or neglects to observe or perform any of his obligations under the contract, it shall be lawful for the Corporation to adjust either in whole or any part thereof in its absolute discretion the Security Deposit (after conversion from EMD) furnished by the tenderer towards the satisfaction of any sum due to the claim from the tenderer for any damage, losses, charges, expenses or costs that may be suffered or incurred by the Corporation. The decision of the Corporation, in this respect shall be final and binding on the tenderer.

     In the event of earnest money deposit/security deposit being insufficient or if such security deposit has been wholly adjusted, the balance of the total sum recoverable as the case may be/shall be deducted from the sum then due or which at any time thereafter may become due to the tenderer under this or any other contract with the Corporation. Should that sum also, be insufficient to cover the full amount recoverable, the tenderer shall pay to the Corporation, on demand, the balance due.

SERVICE ASSURANCE:
FOR ALL EQUIPMENT:

A. Maximum acceptable downtime will be TWO day excluding holidays

PENALTY:

1. DOWNTIME PENALTY :

Penalty for completing the calls after the time as indicated in Service Assurance will be Rs.400/-(Rupees four hundred only) per working day for Servers and Rs.300/- (Rupees three hundred only) per working day for all other systems.
Whenever the system cannot be repaired on site within the specified limits, the vendor will have the option to provide an alternate equipment of matching specification which will be replaced within the period of maximum 30 days with the equipment of same make/ model. Failure in providing such replacement(s) will entail penalty clause as applicable for Downtime Penalty.

2. PREVENTIVE MAINTENANCE (PM) PENALTY
PM shall be carried out on or before 10th of a month, excluding holidays. Beyond this period, 5% of AMC amount will be charged as penalty on weekly basis. If the penalty amount of the Firm exceeds the AMC amount then the issue will be taken to the higher authorities and vendor may not be considered for subsequent award of AMC.

PAYMENT TERMS:
The payment will be released quarterly. For the purpose of contract quarters synchronise with the calendar quarter thereby making payments due on 1st July, 1st October, 1st January & 1st April. The Firm will submit quarterly bill along with the downtime statement and PM reports. For Regional Office, the same should be countersigned by Nodal Officer/AGM (Computers), FCI RO who will reconcile this and release the payment within 3 weeks of completion of the quarter at FCI, RO, Shillong.

     However , if due to any reasons, AGM (Computers) or Nodal Officer in Regional Office are unable to reconcile the penalty amount, 80% of the total amount or amount equal to last quarter’s payment, whichever is less, will be released. The balance 20% or remaining amount will be released after reconciling the penalty amount. In case penalty exceeds AMC amount, the excess amount will be adjusted in the subsequent bill(s).

CALL REGISTRATION AND COMPLETION:
All the maintenance calls will be logged and registered with the nearest Office of the Firm which will acknowledge each call with a unique call no. which is to be used for reference in future. Completion of calls will be certified by in-charge at FCI centre. In case these officers are not available, their nominee will sign. the Firm will prepare the call service slips in duplicate, These will be signed by FCI & the Firm. One copy will be given to the user and one copy will be retained by the Firm. No other documents will be used to work out downtime for penalty calculation.

REVISION OF MAINTENANCE CHARGES:
Changes or enhancement in systems features may necessitate revision of the specified minimum maintenance charges and shall be covered by an addendum to this contract.

FORCE MAJEURE:
the Firm shall not be liable or deemed to be default of any delay or failure in performance stated herein under resulting directly or indirectly from causes beyond its reasonable control and if the Firm is prevented from performing its function under the instrument for a period longer than six months, the Firm’s liability ceases under this contract and then both the parties shall discuss the course of action to be taken afterwards.

CHANGE OF OWNERSHIP:
The obligation of the Firm under this contract shall cease forthwith if FCI ceases to be the owner of the machine.

GENERAL PROVISIONS:
This agreement shall supersede all previous communications, both oral and written and the provisions herein contained shall not be omitted, added to or amended in any manner except in writing and signed by both parties of mutual consent.

ARBITRATION CLAUSE:
In case of any dispute, following arbitration clause will apply:-
Any question , dispute or difference arriving under the contract, shall be referred to the arbitrators, the General Manager (FCI) and the chief Service Engineer of the Firm, or in case , they are being unable or unwilling to act as arbitrators, they may appoint some other person to act on their behalf. The award(s) of the arbitrators shall be final and will be binding on the parties of this contract.
The arbitrators shall be entitled to extend the time of arbitration and award by comment of the parties from time to time. The venue of the arbitration shall be Shillong, and the expense of arbitration will be discretion of the arbitrators. Subject as aforesaid, the Arbitration Act 1996 and the rules there-under, any statutory modification thereof for the time being in force, shall be deemed to apply to the arbitration proceedings under this condition.

Terms and Conditions (UPS)

CONTRACT PERIOD:
For the equipment under maintenance with the FIRM, the AMC will be valid for 1 year from the date of signing the AMC contract. However, for systems already under warranty period, the period of AMC will commence from the day subsequent to date of the expiry of the warranty, for next one year.

SCOPE AND SERVICES:
The Firm agrees to provide the following services under the contract to keep the systems in good working order:
A) Scheduled preventive maintenance (PM) once in every Month for all systems. PM can be clubbed with corrective maintenance. The Firm would submit these calls sheets/ PM reports to FCI, Regional Office (RO). In case the Firm fails to submit PM reports, penalty clause will apply. PM shall be carried out on or before 10th of a month, excluding holidays. Beyond this period, 5% of AMC amount will be charged as penalty on weekly basis. If the penalty amount of the Firm exceeds the AMC amount then the issue will be taken to the higher authorities and vendor may not be considered for subsequent award of AMC.

B) Unscheduled, on call corrective and remedial maintenance service to set right the malfunctions of the system. This includes replacement of unserviceable parts. The parts replaced will either be a new parts or equivalent in performance to new parts. Whether a defective item or components is to be replaced or repaired shall be at the sole discretion of the Firm. In the case of a part, the defective part removed from the system will become the property of the Corporation.

TERMS:
A. This contract may be renewed for further periods of one year with same terms and conditions, provided FCI is satisfied with the services of the Firm or on the terms & conditions mutually agreed by FCI and the Firm. Either party can terminate the contract at any time by giving two months notice in writing.

B. New equipment purchased from the FIRM will be included in AMC as soon as warranty expires or after the expiry of the common date of warranty, if the equipment is purchased in lots over a period. This will be done through Addendum signed by FCI and the FIRM.

C. The new upgrade items, purchased from the Farm or any other vendor and upgraded into the existing AMC system , will be included in AMC with the Firm as soon as warranty expires or after the expiry of the common date of warranty of upgraded items, if the items are purchased in lots over a period. This will be done through addendum signed by FCI and the FIRM.

D. For down time calculation, the day on which the call is lodged will not be taken as part of downtimes. Also, if the User is not able to hand over the system to the FIRM’s engineer for maintenance Purpose, such time will not be considered for the down time penalty.

E. In case of intermittent failures and repetitive problems due to improper diagnosis or repair, the system will be treated as continuously down, or not repaired by the Firm.

F. This contract extends only to problems arising out of normal functioning of equipment and the contract does not cover break down or services or spares cost, arising out of damages caused due to fire, theft, riots, accidents, earthquakes, storm and other natural calamities.

G. At each location, FCI will keep record of machine failure including the nature of failure, date and time of booking the complaint, when the machine is made up and the total down time. This record will be signed by the Firm’s service engineer and FCI representative. This can be done either through the complaint MIS or through complaint register.

H. During the period of contract, FCI will restrict to operational activities only and will not repair/ maintain any equipment.

I. the equipment(s) will be handed over back to FCI after the AMC period in good working condition.

J. New hardware will be brought into maintenance through a written intimation or an Addendum. The new hardware will be inspected by the Firm and its maintenance will be taken up after acceptance of the same. In case FCI decides to withdraw any equipment from contract during the AMC period, the same would be taken out of this contract with written information to the Firm.

K. To monitor the maintenance activity and to discuss other related matters, a monthly meeting between FCI and the FIRM will be held at FCI- Regional Office, Shillong.

L. Any damage to the system resulting from burning of the system due to site problem would not be covered under this contract and repairing/servicing will be done on mutually agreed terms on case to case basis.

M. Levies, Taxes if any, introduced by the Government from time to time will be extra.

EARNEST MONEY:

(i) The Tenderer/Quotationer shall pay to the FCI earnest money deposit at the flat rate of two percent of the tendered/quoted value of AMC but not less than Rs. 5000/-.

(ii) No exemption shall be allowed to any party from deposit of earnest money. Earnest Money of the Tenderer/Quotationer who resiles/modifies the offer will be forfeited.

(iii) The earnest money deposit shall be converted into security deposit after the acceptance of the tendered/quoted rate for AMC.

(iv) Tender/Quotation should be accompanied by earnest money in the form of account payee Bank Demand Draft, Pay Order or Banker’s Cheque etc. issued by a scheduled bank in favour of General Manager, Food Corporation of India payable at Shillong. Tenders/Quotation not accompanied by earnest money shall be summarily rejected.

(v) The earnest money deposited will be liable to forfeiture, if the Tenderer/Quotationer after submitting his tender/Quotation does not keep his offer open or modifies the terms & conditions thereof in a manner not acceptable to Food Corporation of India or withdraws his offer before final acceptance. The earnest money of all the unsuccessful Tenderer/Quotationer will be refunded to them as soon as practicable after decision on tender, but the Food Corporation of India shall not be liable to pay any interest thereon.

SECURITY DEPOSIT:

(i) The successful tenderer shall furnish within a week of the acceptance of the tender a security deposit of 5% of contract value including the earnest money which will be converted into Security Deposit. If the Tenderer/Quotationer fails or neglects to observe or perform any of his obligations under the contract, it shall be lawful for the Corporation to adjust either in whole or any part thereof in its absolute discretion the Security Deposit (after conversion from EMD) furnished by the tenderer towards the satisfaction of any sum due to the claim from the tenderer for any damage, losses, charges, expenses or costs that may be suffered or incurred by the Corporation. The decision of the Corporation, in this respect shall be final and binding on the tenderer.

(ii) In the event of earnest money deposit/security deposit being insufficient or if such security deposit has been wholly adjusted, the balance of the total sum recoverable as the case may be/shall be deducted from the sum then due or which at any time thereafter may become due to the tenderer under this or any other contract with the Corporation. Should that sum also, be insufficient to cover the full amount recoverable, the tenderer shall pay to the Corporation, on demand, the balance due.

SERVICE ASSURANCE:
FOR ALL EQUIPMENT:

A. Maximum acceptable downtime will be TWO day excluding holidays

PENALTY:

2. DOWNTIME PENALTY :

For UPS systems, penalty for completing the calls after the time as indicated in Service Assurance will be Rs.400/-(Rupees four hundred only) per working day for systems of 2KVA and above and Rs.300/- (Rupees three hundred only) per working day for all other systems below 2 KVA.

Whenever the system cannot be repaired on site within the specified limits, the vendor will have the option to provide an alternate equipment of matching specification which will be replaced within the period of maximum 30 days with the equipment of same make/ model. Failure in providing such replacement(s) will entail penalty clause as applicable for Downtime Penalty.

2. PREVENTIVE MAINTENANCE (PM) PENALTY
PM shall be carried out on or before 10th of a month, excluding holidays. Beyond this period, 5% of AMC amount will be charged as penalty on weekly basis. If the penalty amount of the Firm exceeds the AMC amount then the issue will be taken to the higher authorities and vendor may not be considered for subsequent award of AMC.

PAYMENT TERMS:
The payment will be released quarterly. For the purpose of contract quarters synchronise with the calendar quarter thereby making payments due on 1st July, 1st October, 1st January & 1st April. The Firm will submit quarterly bill along with the downtime statement and PM reports. For Regional Office, the same should be countersigned by Nodal Officer/AGM (Computers), FCI RO who will reconcile this and release the payment within 3 weeks of completion of the quarter at FCI, RO, Shillong.

However , if due to any reasons, AGM (Computers) or Nodal Officer in Regional Office are unable to reconcile the penalty amount, 80% of the total amount or amount equal to last quarter’s payment, whichever is less, will be released. The balance 20% or remaining amount will be released after reconciling the penalty amount. In case penalty exceeds AMC amount, the excess amount will be adjusted in the subsequent bill(s).

CALL REGISTRATION AND COMPLETION:
All the maintenance calls will be logged and registered with the nearest Office of the Firm which will acknowledge each call with a unique call no. which is to be used for reference in future. Completion of calls will be certified by in-charge at FCI centre. In case these officers are not available, their nominee will sign. the Firm will prepare the call service slips in duplicate, These will be signed by FCI & the Firm. One copy will be given to the user and one copy will be retained by the Firm. No other documents will be used to work out downtime for penalty calculation.

REVISION OF MAINTENANCE CHARGES:
Changes or enhancement in systems features may necessitate revision of the specified minimum maintenance charges and shall be covered by an addendum to this contract.

FORCE MAJEURE:
the Firm shall not be liable or deemed to be default of any delay or failure in performance stated herein under resulting directly or indirectly from causes beyond its reasonable control and if the Firm is prevented from performing its function under the instrument for a period longer than six months, the Firm’s liability ceases under this contract and then both the parties shall discuss the course of action to be taken afterwards.

CHANGE OF OWNERSHIP:
The obligation of the Firm under this contract shall cease forthwith if FCI ceases to be the owner of the machine.

GENERAL PROVISIONS:
This agreement shall supersede all previous communications, both oral and written and the provisions herein contained shall not be omitted, added to or amended in any manner except in writing and signed by both parties of mutual consent.

ARBITRATION CLAUSE:
In case of any dispute, following arbitration clause will apply:-
Any question , dispute or difference arriving under the contract, shall be referred to the arbitrators, the General Manager (FCI) and the chief Service Engineer of the Firm, or in case , they are being unable or unwilling to act as arbitrators, they may appoint some other person to act on their behalf. The award(s) of the arbitrators shall be final and will be binding on the parties of this contract.
The arbitrators shall be entitled to extend the time of arbitration and award by comment of the parties from time to time. The venue of the arbitration shall be Shillong, and the expense of arbitration will be discretion of the arbitrators. Subject as aforesaid, the Arbitration Act 1996 and the rules there-under, any statutory modification thereof for the time being in force, shall be deemed to apply to the arbitration proceedings under this condition.
 

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