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Procurement of Goods 
1 
Er. Satya Narayan Shah 
B.Sc. In Mechanical Engineering (India) 
MS in Manufacturing Engineering & Management (UK) 
Email: September 20, 2014 er.snshah@gmail.com
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2
“Goods” 
(public procurement context) 
Goods mean: 
Objects of every kind. 
Commodities, raw materials, 
manufactured products and equipment, 
industrial plants. 
Objects in solid, liquid or gaseous form 
and electricity. 
Services incidental to the supply of goods 
(less than the value of goods). 
3
HOW DOES GOODS 
PROCUREMENT DIFFER FROM 
OTHERS ? 
Goods are produced elsewhere; Dependent on the 
manufacturers 
Quality assurance, Manufacturer’s assurance plan, 
specifications 
Warrantee/ Guarantee 
Mostly, payment is done indirect; through bank or 
third party 
More dependent on the documentary evidences 
Rely on third party 
Installation, Inspection, Testing and commissioning. 
Trainings 
Need Assessment 4
Ask challenging questions: 
what is the procurement aiming to 
achieve? 
do we really need to purchase? 
do we need it to this specification? 
what happens to the product at the end-of- 
life? 
how does this procurement impact upon 
our (environmental/ social) objectives 
and policies?
Contract types 
PPR Schedule-3, (Relating to Sub-rule (1) of Rule 21) 
(For Goods and Other Services Procurement) 
Contract for supply of specific goods. 
Framework Contract or unit rate contract. 
Multi year contract. 
Contract for design, supply and erect. 
Turn key contracts. -(design, procurement 
of all inputs, erection at site, commissioning, 
testing and even operation for an initial 
period) 
Er. Satya Narayan Shah 6
Other Methods of Procurement 
PPA 28 
Two-Stage Bidding: Where the preparation of 
complete technical specifications in advance is 
undesirable or impractical. 
First stage 
 unpriced technical proposal on the basis of a 
conceptual design or performance specifications are 
invited 
 subject to technical as well as commercial 
clarifications and adjustments to be followed by 
amended bidding documents 
Second Stage 
submission of final technical proposal and priced bids 
Er. Satya Narayan Shah 7
DOCUMENTS 
8
Bidding Documents 
Purpose: 
 Equal Information to ALL Bidders 
What is to be Procured 
Technical Requirements 
How to Prepare a RESPONSIVE 
BID 
 Evaluation Criteria 
 Form of Contract
Standard Bid Document (Goods) 
• Invitation for Bids 
• PART 1 – Bidding Procedures 
– Section I. Instructions to Bidders 
– Section II. Bid Data Sheet 
– Section III. Evaluation and Qualification 
Criteria 
– Section IV. Bidding Forms (Bidder's Information 
Form, Joint Venture Information Form , Financial Situation 
Form, Average Annual Turnover Form, Financial 
Resources Form, Pending Litigation Form, Specific 
Experience Form, Bid Security, Manufacturer’s 
Authorization Letter, Price Schedule For Goods) 
10
Standard Bid Document (Goods) 
• PART 2 – Supply Requirements 
– Section V. Schedule of Supply (List of Goods and 
Delivery Schedule, List of Related Services and 
Completion Schedule, Technical Specifications, Drawings, 
Inspections and Tests) 
• PART 3 – Conditions of Contract and 
Contract Forms 
– Section VI. General Conditions of Contract 
– Section VII. Special Conditions of Contract 
– Section VIII. Contract Forms (Letter of Intent, 
Letter of Acceptance, Agreement Form, 
Performance Security, Advance Payment Security 
• PART 4 – APPENDICES 11
Bidding documents 
Impact of poorly drafted documents: 
 Complaints from Bidders 
 Selection of Poorly Qualified Firm 
 Delays in Project Implementation 
 Delays in Disbursements 
 Lack of Credibility of Institutions 
 Mis-procurement 
 Claims and Disputes
PROCUREMENT 
The most important 
tool to achieve goal 
of Purchasing is the 
SPECIFICATION.
WORKING ON SPECIFICATION
Specification 
Specifications help to avoid lengthy description 
in the Bill of Quantities. 
They guide Bidders about the clients intended 
quality requirements and to arrive them at fair 
price. 
It is clear and concise description of materials 
and workmanship. 
If required the specification is attached with 
proper drawings and other related documents 
15
Specification 
Specification is a part of contract documents limiting 
and describing the risks and responsibilities. 
Formation of contractual obligations as to what 
exactly the clients want. 
Helps the supervisors and commissioning and testing 
team. 
It provides basis for dialogue between the Contractor 
and the Engineer to agree or disagree for quality of 
materials and works. 
Clear specifications will result in less Claims, 
Disputes and Litigation problems 
They should be non-discriminatory. 
16
HOW SPECIFICATIONS AFFECT PROCUREMENT PROCESS 
EFFECT ON: POORLY WRITTEN: WELL WRITTEN: 
NUMBER OF BIDDERS Overly broad or restrictive Complete, clear concise 
specifications. specifications. 
Deter potential bidders. Attract MANY AND 
Increase costs. QUALIFIED bidders. 
Decrease chance of 
desired results. 
EVALUATION Easily misinterpreted. SHARP SPECIFIC 
PROCESS/PROTESTS Open to challenge and CRITERIA 
protest by unsuccessful Easier to evaluate. 
bidders. Minimizes possibility of 
protests. 
BIDDER RISK Unreasonable requirements Reasonable requirements 
higher risk and higher costs. lower assumption of risk 
by bidders. 
TYPE OF CONTRACT Uncertain amount of effort Well defined effort leads 
leads to cost reimbursement to a firm fixed price 
contract. contract. 
ADMINISTRATION OF Unclear inaccurate specifications Well defined specifications 
CONTRACT lead to management problems. lead to more control and 
easier administration. 17
Specification 
That’s why, the 
specifications are to be 
written by an 
experienced 
professional. 
18
A GOOD SPECIFICATION SHOULD BE 
1. Simple, consistent and exact, but not so specific that a loophole will 
allow a bidder to evade any of the provisions and thereby take 
advantage of his competitors or the buyer. 
2. Identified, when possible, with some brand specification already on 
the market. (Custom goods are expensive). 
3. Capable of being checked. It should describe the method of 
checking which will govern acceptance or rejection. A specification 
which cannot be checked is of little value and only confusion will 
result. 
4. Reasonable in its tolerance. Unnecessary precision is expensive. 
5. As fair to the seller as possible. 
6. Capable of being met by several bidders for the sake of competition. 
7. Clear and Up-to-Date. Misunderstanding can be expensive. 
8. Flexible, inflexible specifications defeat progress. Invite vendors to 
suggest cost saving alternatives or substitutes.
KEY WORDS 
The inappropriate use of key words in your 
specification could have disastrous results if the 
supplier is not sure what you are requiring and what 
you would like to have. Remember, suppliers, in 
order to be competitive, will almost always provide 
the least expensive product to you. If you say “may” 
rather than “will” in the text of your specification, it 
could mean one thing to one supplier and another to 
the end user. 
Use “shall” or “will” where ever a 
specification expresses a requirement. 
Use “should” or “may” to express non-mandatory 
provisions.
MEASUREMENTS 
Dimensions, gauges, capacities, size designations, 
volume or temperatures should be specified in 
accordance with established precedent and trade 
practice for the particular commodity or service you 
are attempting to purchase. Review the document 
after completed and: 
1. Make every effort to replace words with numbers. 
Whenever you go from words to numbers, 
communication relating to quantity or quality is 
enhanced. 
2. Tolerances should be specified where applicable. 
3. The use of “minimum” and “maximum” should be 
used wherever practical.
FIGURES AND TABLES, GRADES, CLASSES, 
TYPES, COMPOSITIONS, ETC. 
The use of figures, illustrations, tables and graphs, etc. should be maximized. It 
describes the item(s) more clearly and accurately than you can in text. Tables show 
relationships more clearly than text. Figures and tables should have titles and parts 
clearly identified and should be numbered consecutively throughout the 
specifications. 
The use of grades, classes and types should be in accordance with established 
precedence and trade practices for the type of equipment, materials or supplies you 
are bidding. For the purpose of preparing specifications, type grade, class and 
compositions are defined as follows: 
Type: This term applies differences in design, model, shape, etc. of the items. 
Class: This term implies differences in mechanical or other characteristics of items 
which do not constitute a difference in quality or grade. 
Grade: This term implies differences in quality of a commodity. When practicable, the 
first grade of a commodity should be the highest or best grade. 
Composition: This term is used to classify commodities which are differentiated 
strictly by their respective chemical compositions. 
Other Classifications: Other classifications, such as form, weight, size, power 
supply, temperature rating, condition, insulation, etc. suitable for reference for the 
applicable equipment or commodity item may be used.
WRITING HINTS 
Writing Style: Exposition is concerned primarily with the communication 
of ideas in a form that the reader can understand. It aims to: Save the 
readers time, eliminate confusion, and help the reader gain ideas quickly 
and easily. 
Active Voice is Preferred: Active voice is the most simple and direct way 
to make statements. Action is expressed directly, more vigorously, and 
makes the sentence more concise. Readers prefer the active voice because 
it is more: Direct, interesting and descriptive. 
Choosing the Right Word: You can make your meaning more clear by 
using shorter words. Shorter, more direct words get to the point, are 
clear-cut, and distinctive. For example: activate, expedite, initiate, 
nevertheless, prioritize and erroneous. 
Write Clear Using Shorter Phrases: Do not use long phrases when it is 
not necessary. For example: a great number of times (many), at regular 
intervals(every), make contact with(call).
Preparation of Specification 
Before writing the specification the requirements 
should be clearly worked out. 
Requirements are often classified as; 
• 'Mandatory' - essential requirements that suppliers 
must meet 
• 'Desirable' - requirements that whilst bringing 
benefits are not essential 
• 'Information' - requirements that request 
information from the supplier typically for evaluation 
purposes 
Er. Satya Narayan Shah 24
Specifications 
Use of standard specifications reduces the 
chances of ambiguity and also makes easier for 
preparation of contract documents. 
Reference to standards and codes e.g. IS, BS, 
NS etc. reduce extra efforts in detailing the 
specification etc. 
Standard Specification- Prepared and 
published by the organization. 
Standard Specification needs to be approved by the 
Cabinet level. Er. Satya Narayan Shah 
25
Specification to be 
required to describe the 
desired performance, 
and not to reduce 
competition. 
26
Examples of Specification 
• Example – Vehicle 
•Type – Sedan, Hatchback, 
•General - Seating capacity, Engine Power, C.C 
etc. 
•Transmission – 4 speed, 5 speed 
•Steering – Manual, power 
Spec 
•Options – AC, Non AC, 
Car 
•Warranty - Period to be covered 
Spec 
BIV Microsoft Office 
27 
Word 97 - 2003 Document
Other Standard Documentation 
• Commercial Documents- Invoice, Packing 
list 
• Official Documents- License, Embassy 
legalization, Origin Certificate, Inspection 
Certificate, Phytosanitary certificate, Other 
Legal Documents 
• Transport Documents- Bill of Lading (ocean 
or multi-modal or Charter party), Airway bill, 
Lorry/truck receipt, railway receipt, Forwarder 
Cargo Receipt, Deliver Challan...etc 
• Insurance documents- Insurance policy 28
Price schedule :offered from abroad. 
• Item description. 
• Country of origin. 
• Quantity. 
• Unit price FOB. 
• Unit price CIF, CIP ( Port of destination, Place of destination) 
• Total price. 
• Unit price of Inland delivery to final destination 
and unit price for other incidental services (if any). 
Price schedule 
29
Price schedule: Goods offered from within Nepal. 
• Item, Description. 
• Country of origin. 
• Quantity. 
• Unit price EXW per item. 
• Cost of local labor, raw materials and 
component indicated as percentage of EXW 
price. 
• Unit price per item final destination and unit 
price of other incidental services. 
• VAT and other taxes payable 
30
Schedule of requirements. 
• This schedule should cover description of 
goods and services to be supplied and delivery 
dates. 
• Destination of delivery should be carefully 
specified as per used INCOTERMS (CIF, CIP etc.) 
• The date prescribed herein from which the 
seller’s delivery obligation starts (i.e. from 
notice of awards or contract signature or 
opening or confirmation of L/C) should be stated 
clearly. 
• There may be range of acceptable delivery periods. 
31
INCOTERMS 
international terms 
of trade.
Goods Delivery
34
Background - Introduction 
• INCOTERMS are the terms of trade in 
business 
• Published and developed by the 
International Chamber of Commerce 
(ICC) 
• First established in 1936, updated 
periodically with the latest version being 
“INCOTERMS 2010” 
35
INCOTERMS 
What are INCOTERMS? 
The official rules of International Chamber 
of Commerce (ICC) for the interpretation of 
trade terms accepted by governments, 
legal authorities and practitioners 
worldwide 
Explanation of Obligations of seller and 
buyer regarding delivery, division of cost, 
transfer of risk, packing, Inspection of 
goods, contract of carriage and Insurance, 
proof of delivery etc. 
36
Purpose of INCOTERMS 
 To facilitate the international trade so that goods are sold in 
more countries, in larger quantities, & in greater variety 
 To clearly define the respective obligations of seller & buyer 
 To reduce the risk of legal complication in a sales contract 
 To respond to the global business needs everywhere 
 Reduces or removes uncertainties arising from differing 
interpretations of shipping terms in different countries. 
 Reference to a proper INCOTERMS in a contract clearly 
defines each party’s obligations, costs and risks in the 
international transaction and reduces the risk of legal 
complications. 
 They can assist in defining what costs the purchase price 
includes (e.g. prepaid international freight, prepaid duties, 
insurance, etc.), and clarify the risks & liabilities. 
37
INCOTERMS 
• When we buy, it tells us: 
•If we have to make logistics arrangements to move the goods 
•If we have to make arrangements to clear goods for export and or import 
•What is included in our price (freight, duties, import/export fees, etc). 
•If there is a problem in transit, who holds the responsibility 
• When we sell, it tells us: 
•How to price our sales transaction (do we include freight, duties and taxes 
in our price) 
•Do we have to export clear the shipments, do we have to import clear the 
shipment? 
•Do we have to make the logistics arrangements 
•Our responsibility if there is a problem in transit 
• We need to evaluate our capabilities before we enter into international 
contracts! 38
INCOTERMS 
E EXW Ex Works 
F FAS Free Alongside Ship 
FCA Free Carrier 
FOB Free On Board 
C CFR Cost and Freight (was C&F) 
CIF Cost, Insurance and Freight 
CIP Carriage and Insurance Paid To 
CPT Carriage Paid To 
D DAF Delivered At Frontier 
DDP Delivered Duty Paid 
DDU Delivered Duty Unpaid 
DEQ Delivered Ex Quay 
DES Delivered Ex Ship 
39
INCOTERMS GROUPS 
INCOTERMS fall into four different groups : 
• Departure “E” 
• Main Carriage Unpaid “F” 
• Main Carriage Paid “C” 
• Arrival “D” 
The point at which liability and carriage transfer 
from the seller to the buyer distinguishes the 
groups and each group’s letter corresponds to 
the first letter of an INCOTERM. 
40
Organization of INCOTERMS 2000 
Incoterms are divided into four (4) categories: 
• “E” term – Seller makes the goods available to the buyer 
at the seller’s premises or other place named by the seller 
• “F” terms – Seller is responsible to deliver the goods to 
the export shipment point and carrier designated by the 
buyer 
• “C” terms – Seller is responsible for contracting carriage 
of goods to the place of destination, but does not assume 
risk of loss or damage to goods, or additional costs due to 
events occurring after shipment 
• “D” terms – Seller is responsible for all costs and risks 
associated with delivering goods to the named place in the 
country of destination 
41
EXW – Ex Works (Named Place) 
42 
• Seller: 
– Informs the Buyer when and where the goods will be 
available 
– Provides Commercial Invoice, Packing List & 
Certificate of Origin 
• Buyer: 
– Obtains the Export License 
– Arranges all carriers 
– Loads goods onto the carrier at the point of departure 
– Obtains import licenses and arranges import formalities 
• Risk of loss or damage passes to the buyer from the 
seller's door 
• Difficult to use with controlled items due to license issues
Incoterms FOB – Free On Board (Named 
Shipping Port) 
43 
• Seller: 
– Obtains the Export License 
– Arranges delivery of goods to & loads the buyer’s 
carrier 
– Places goods on board the ocean vessel at the port of 
export designated by the Buyer 
• Buyer: 
– Gives sufficient notice to the Seller of the carrier & 
delivery point 
– Arranges the main carriage 
– Obtains import licenses and arranges import formalities 
• Risk & responsibility passes to the buyer when the goods 
pass the rail of the vessel 
• Used for sea or inland waterway transportation only
44
CIF (…named port of destination) 
• CIF means that the seller delivers when the goods 
pass the ship's rail in the port of shipment. 
• The seller must pay the costs and freight necessary 
to bring the goods to the named port of destination 
but the risk of loss or damage to the goods as well 
as any additional costs due to events occurring 
after the time of delivery are transferred from the 
seller to the buyer. 
• The seller contracts for insurance and pays the 
insurance premium with a minimum cover. 
• This term can be used only for sea and inland 
waterway transport. 
45
46
CIP Carriage and Insurance paid to 
(…named place of destination) 
• CIP means that the seller delivers the goods to the 
carrier nominated by him, but the seller must in 
addition pay the cost of carriage necessary to bring 
the goods to the named destination. Seller has to 
procure insurance against the buyers risk of loss or 
damage to the goods during the carriage. 
• The risk passes when the goods have been 
delivered to the first carrier. 
• This term may be used for any mode of transport 
including multimodal transport. 
47
48
FCA – Free Carrier (Named Place) 
49 
• Seller: 
– Obtains the Export License 
– Arranges delivery of the goods to the buyer’s carrier 
• If delivery point is at the Seller’s facility, the Seller 
must load the goods onto the Buyer's collecting 
carrier. 
• If not delivering at the Seller’s facility, there is no 
obligation to load. 
• Buyer: 
– Gives sufficient notice to the Seller of the carrier & 
delivery point 
– Arranges the main carriage and the on-carriage 
– Obtains import licenses and arranges import formalities 
• Risk of loss or damage passes to the buyer when the 
seller delivers the goods to the carrier
DDU – Delivered Duty Unpaid (Named 
Place) 
50 
• Seller: 
– Obtains the Export License 
– Arranges for and pays freight costs of carriage to the named 
point of destination 
• Buyer: 
– Accepts and unloads the goods 
– Obtains import licenses and pays for import clearance 
• Risk and responsibility of import clearance pass to buyer when 
seller delivers goods to named destination point. 
• Often can be used to lower duties or taxes when foreign buyer 
can receive a voucher for any cost incurred 
• If the parties wish the buyer to bear all risks and costs of the import, 
the DDU term should be used.
DDP – Delivered Duty Paid (Named Place) 
• The seller delivers the goods to the buyer, cleared for import, 
and not unloaded from any arriving means of transport at the 
named place of destination 
• The seller has to bear all the costs and risks involved in 
bringing the goods thereto including, where applicable, any 
"duty" (which term includes the responsibility for and the 
risks of the carrying out of customs formalities and the 
payment of formalities, customs duties, taxes and other 
charges) for import in the country of destination. 
• DDP represents the maximum obligation to the seller. 
• This term should not be used if the seller is unable directly or 
indirectly to obtain the import license. 
• Parties may exclude from the seller's obligations some of the 
costs payable upon import of the goods (such as VAT). 
51
Responsibilities of the Seller (Exporter) and Buyer (Importer) 
Trade contract responsibilities EXW FCA FAS FOB 
Inland freight in Seller's country O O O O 
Customs clearance in Seller's country O O O O 
Payment of customs charges and taxes in export O O O O 
Loading to the main carrier O O O O 
Main carriage/freight O O O O 
Cargo (marine) insurance O O O O 
Unloading from the main carrier O O O O 
Customs clearance in Buyer's country O O O O 
Payment of customs duties and taxes in import O O O O 
Inland freight in Buyer's country O O O O 
Other costs and risks in Buyer's country O O O O 
O Seller is responsible 
O Buyer is responsible 52
Responsibilities of the Seller (Exporter) and Buyer (Importer) 
Trade contract responsibilities CFR CIF CPT CIP 
Inland freight in Seller's country O O O O 
Customs clearance in Seller's country O O O O 
Payment of customs charges and taxes in export O O O O 
Loading to the main carrier O O O O 
Main carriage/freight O O O O 
Cargo (marine) insurance O O O O 
Unloading from the main carrier O O O O 
Customs clearance in Buyer's country O O O O 
Payment of customs duties and taxes in import O O O O 
Inland freight in Buyer's country O O O O 
Other costs and risks in Buyer's country O O O O 
O Seller is responsible 
O Buyer is responsible 53
Responsibilities of the Seller (Exporter) and Buyer (Importer) 
Trade contract responsibilities DAF DES DEQ DDU DDP 
Inland freight in Seller's country O O O O O 
Customs clearance in Seller's country O O O O O 
Payment of customs charges and taxes in export O O O O O 
Loading to the main carrier O O O O O 
Main carriage/freight O O O O O 
Cargo (marine) insurance O O O O O 
Unloading from the main carrier O O O O O 
Customs clearance in Buyer's country O O O O O 
Payment of customs duties and taxes in import O O O O O 
Inland freight in Buyer's country O O O O O 
Other costs and risks in Buyer's country O O O O O 
O Seller is responsible 
O Buyer is responsible 54
INCOTERMS 2010 
• INCOTERMS 2000 has been modified on 
27th September 2010 and has been 
enforced from 1st January 2011. 
• DAF (Delivered at Frontier), DES 
(Delivered Ex Ship), DEQ (Delivered Ex 
Quay) / DDU(Delivered Duty Unpaid) have 
been removed. 
• DAT( Delivered at Terminal),and DAP 
(Delivered at Place) have been 
introduced. 55
INCOTERMS 2010 Group E Departure. 
EXW Ex Works (…named place) 
Group F Main carriage unpaid. 
FCA Free Carrier (…named place) 
FAS Free Alongside ship (…named port of shipment) 
FOB Free on Board (…named port of shipment) 
Group C Main carriage Paid 
CFR Cost and Freight (…named port of destination) 
CIF Cost Insurance and Freight (…named port of destination) 
CPT Carriage Paid To (…named place of destination) 
CIP Carriage and Insurance Paid (…named place of destination) 
Group D Arrival 
DAT Delivered At terminal (…named place) 
DAP Delivered At Place(…named place) 
DDP Delivered Duty Paid (…named place of destination) 
56
DAT - Delivered at Terminal 
• Seller bears cost, risk and 
responsibility until goods are 
unloaded (delivered) at named quay, 
warehouse, yard, or terminal at 
destination. Demurrage or detention 
charges may apply to seller. Seller 
clears goods for export, not import. 
DAT replaces DEQ, DES. 
57
DAP - Delivered at Place 
• Seller bears cost, risk and 
responsibility for goods until made 
available to buyer at named place of 
destination. Seller clears goods for 
export, not import. DAP replaces DAF, 
DDU. 
58
59 
INCOTERMS 2010 
MULTIMODAL 
TRANSPORT 
Exw (Ex works) 
FCA ( Free carrier) 
CPT (Carriage paid to ) 
CIP (Carriage and Insurance Paid to ) 
DAT (Delivered At Terminal) 
DAP ( Delivered At Place) 
DDP (Delivered Duty Paid )
60 
INCOTERMS 2010 
SEA OR INLAND 
WATERWAY 
TRANSPORT 
FAS (Free Alongside Ship) 
FOB (Free On Board) 
CFR (Cost and Freight) 
CIF (Cost insurance and Freight)
Limitation of INCOTERMS 
– Scope is limited to matters relating to the rights and 
obligations of the parties to the contract with respect to 
the delivery of goods. 
– Two misconceptions about INCOTERMS 
• 1st, they are frequently misunderstood as applying to 
the contract of carriage rather than to the contract of 
sale/buy. 
• 2nd, they are sometimes wrongly assumed to provide 
for all the duties which parties may wish to include in 
a contract of sale. 
– Generally, they don’t deal with the consequences of: 
• Breach of contract. 
• Any exemptions from liability. 
• Transfer of ownership and other property right. 
61
Country of Origin 
• For purposes of this Clause, “origin” means the 
place where the Goods were mined, grown, or 
produced, or from which the Services are 
supplied. Goods are produced when, through 
manufacturing, processing, or substantial and 
major assembly of components, a commercially 
recognized new product results that is 
substantially different in basic characteristics or 
in purpose or utility from its components. 
• The origin of Goods and Services is distinct from 
the nationality of the Supplier. 
62
Shipping Documents 
• A legal document between the shipper of a 
particular goods and the carrier detailing the 
type, quantity and destination of the goods being 
carried. The Transport Document also serves 
as a receipt of shipment when the goods are 
delivered to the predetermined destination. This 
document must accompany the shipped goods, 
no matter the form of transportation, and must 
be signed by an authorized representative from 
the carrier, shipper and receiver. 
• They are - Bill of Lading (ocean or multi-modal 
or Charter party), Airway bill, Lorry/truck receipt, 
railway receipt, Forwarder Cargo Receipt, 
Deliver Challan...etc 
63
WARRANTY/GUARANTY 
• Official authorization, sanction, or warrant. 
• An assurance by the seller of property that the goods or property are 
as represented or will be as promised. 
• The insured guarantee that the facts are as stated in reference to an 
insurance risk or that specified conditions will be fulfilled to keep the 
contract effective. 
• A guarantee given to the purchaser by a company stating that a 
product is reliable and free from known defects and that the seller 
will, without charge, repair or replace defective parts within a given 
time limit and under certain conditions. 
A guarantor 
To assume responsibility for the debt, default, or miscarriage. 
To undertake to do, accomplish, or ensure (something) for 
another. 
To express with conviction: I guarantee that you'll like this book.
“Place of Destination” & “Final destination (Project 
65 
Site)”… 
• Sometimes both may be a single place. 
• For large value goods or sophisticated goods, 
“Place of Destination” is chosen any easily 
accessible place instead of the project site 
where goods are to actually used. 
• Transportation of goods from “Place of 
Destination” to the “Final destination (Project 
Site)” may be done in two ways: (i) Not 
included in the supply contract and purchaser 
itself does it, or (ii) included in the contract, but 
with separate pay item.
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MMOODDEESS OOFF PPAAYYMMEENNTT 
MMeeaannss bbyy wwhhiicchh aa ppaayymmeenntt iiss 
mmaaddee,, ssuucchh aass 
AAddvvaannccee ppaayymmeenntt ((mmoosstt sseeccuurree ffoorr 
sseelllleerr)) 
DDiirreecctt//CCaasshh ppaayymmeenntt ((mmoosstt sseeccuurree ffoorr 
bbuuyyeerr)) 
DDooccuummeennttaarryy CCrreeddiitt ((mmoorree sseeccuurree ffoorr 
sseelllleerr aass wweellll aass bbuuyyeerr))--LL//CC 
DDooccuummeennttaarryy ccoolllleeccttiioonn ((mmoorree sseeccuurree 
ffoorr bbuuyyeerr aanndd ttoo aa cceerrttaaiinn eexxtteenntt ttoo sseelllleerr)) AAllssoo 
ccaalllleedd ""CCaasshh AAggaaiinnsstt DDooccuummeennttss"".. 
6677
LLeetttteerr ooff CCrreeddiitt.. 
1. Contract 
BUYER 12. Goods SELLER 
Delivered 
CIF 
5. Goods On 
Board 
6. 
Doc.s 
4. Advice 
L/C 
Issued 
3. Letter of Credit 
8. Documents 
11. 
Money 
2 
Cr 
e 
di 
t 
10. 
Doc 
u 
me 
nt 
s 
ISSUING BANK ADVISING /CONFIRMING 
BANK 
9. Money 
7 
6688
RISK SITUATIONS IN LETTER-OF-CREDIT 
TRANSACTIONS 
Risks to the Applicant 
• Non-delivery of Goods 
• Short Shipment 
• Inferior Quality 
• Early /Late Shipment 
• Damaged in transit 
• Foreign exchange 
• Failure of Bank viz. Issuing bank / Collecting 
Bank 
69
Documents Required for Payment. 
Goods supplied from out side : 
 Copies of supplier’s invoice. 
 Non negotiable bill of lading marked “ freight prepaid.” 
 Packing list identifying contents of each packages. 
 Insurance Documents 
 Inspection certificate 
 Certificate of origin 
Goods from within Nepal: 
 Supplier’s invoice. 
 Delivery note, Carrier receipt. 
 Insurance, Warranty, and Inspection certificate. 
70
Common Defects in Documentation 
• Letter of Credit has expired prior to presentation of draft. 
• Bill of Lading evidences delivery prior to or after the date range stated in 
the credit. 
• Stale dated documents. 
• Changes included in the invoice not authorized in the credit. 
• Inconsistent description of goods. 
• Insurance document errors. 
• Invoice amount not equal to draft amount. 
• Ports of loading and destination not as specified in the credit. 
• Description of merchandise is not as stated in credit. 
• A document required by the credit is not presented. 
• Documents are inconsistent as to general information such as volume, 
quality, etc. 
• Names of documents not exact as described in the credit. Beneficiary 
information must be exact. 
• Invoice or statement is not signed as stipulated in the letter of credit. 
71
Goods Procurement­

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Goods Procurement­

  • 1. Procurement of Goods 1 Er. Satya Narayan Shah B.Sc. In Mechanical Engineering (India) MS in Manufacturing Engineering & Management (UK) Email: September 20, 2014 er.snshah@gmail.com
  • 2. dfn;fdfg ;fj{hlgs vl/b ;DaGwdf Joj:yf ug{ ag]sf] P]g kl/R5]b—! , @= -u_ kl/efiff ædfn;fdfgÆ eGgfn] rn jf crn h'g;'s} lsl;dsf] j:t' ; +Demg' k5{ / ;f] zAbn] To:tf] j:t' cfk"lt{ ug] { sfo{sf] cfg'iffªlus ;]jf 2
  • 3. “Goods” (public procurement context) Goods mean: Objects of every kind. Commodities, raw materials, manufactured products and equipment, industrial plants. Objects in solid, liquid or gaseous form and electricity. Services incidental to the supply of goods (less than the value of goods). 3
  • 4. HOW DOES GOODS PROCUREMENT DIFFER FROM OTHERS ? Goods are produced elsewhere; Dependent on the manufacturers Quality assurance, Manufacturer’s assurance plan, specifications Warrantee/ Guarantee Mostly, payment is done indirect; through bank or third party More dependent on the documentary evidences Rely on third party Installation, Inspection, Testing and commissioning. Trainings Need Assessment 4
  • 5. Ask challenging questions: what is the procurement aiming to achieve? do we really need to purchase? do we need it to this specification? what happens to the product at the end-of- life? how does this procurement impact upon our (environmental/ social) objectives and policies?
  • 6. Contract types PPR Schedule-3, (Relating to Sub-rule (1) of Rule 21) (For Goods and Other Services Procurement) Contract for supply of specific goods. Framework Contract or unit rate contract. Multi year contract. Contract for design, supply and erect. Turn key contracts. -(design, procurement of all inputs, erection at site, commissioning, testing and even operation for an initial period) Er. Satya Narayan Shah 6
  • 7. Other Methods of Procurement PPA 28 Two-Stage Bidding: Where the preparation of complete technical specifications in advance is undesirable or impractical. First stage  unpriced technical proposal on the basis of a conceptual design or performance specifications are invited  subject to technical as well as commercial clarifications and adjustments to be followed by amended bidding documents Second Stage submission of final technical proposal and priced bids Er. Satya Narayan Shah 7
  • 9. Bidding Documents Purpose:  Equal Information to ALL Bidders What is to be Procured Technical Requirements How to Prepare a RESPONSIVE BID  Evaluation Criteria  Form of Contract
  • 10. Standard Bid Document (Goods) • Invitation for Bids • PART 1 – Bidding Procedures – Section I. Instructions to Bidders – Section II. Bid Data Sheet – Section III. Evaluation and Qualification Criteria – Section IV. Bidding Forms (Bidder's Information Form, Joint Venture Information Form , Financial Situation Form, Average Annual Turnover Form, Financial Resources Form, Pending Litigation Form, Specific Experience Form, Bid Security, Manufacturer’s Authorization Letter, Price Schedule For Goods) 10
  • 11. Standard Bid Document (Goods) • PART 2 – Supply Requirements – Section V. Schedule of Supply (List of Goods and Delivery Schedule, List of Related Services and Completion Schedule, Technical Specifications, Drawings, Inspections and Tests) • PART 3 – Conditions of Contract and Contract Forms – Section VI. General Conditions of Contract – Section VII. Special Conditions of Contract – Section VIII. Contract Forms (Letter of Intent, Letter of Acceptance, Agreement Form, Performance Security, Advance Payment Security • PART 4 – APPENDICES 11
  • 12. Bidding documents Impact of poorly drafted documents:  Complaints from Bidders  Selection of Poorly Qualified Firm  Delays in Project Implementation  Delays in Disbursements  Lack of Credibility of Institutions  Mis-procurement  Claims and Disputes
  • 13. PROCUREMENT The most important tool to achieve goal of Purchasing is the SPECIFICATION.
  • 15. Specification Specifications help to avoid lengthy description in the Bill of Quantities. They guide Bidders about the clients intended quality requirements and to arrive them at fair price. It is clear and concise description of materials and workmanship. If required the specification is attached with proper drawings and other related documents 15
  • 16. Specification Specification is a part of contract documents limiting and describing the risks and responsibilities. Formation of contractual obligations as to what exactly the clients want. Helps the supervisors and commissioning and testing team. It provides basis for dialogue between the Contractor and the Engineer to agree or disagree for quality of materials and works. Clear specifications will result in less Claims, Disputes and Litigation problems They should be non-discriminatory. 16
  • 17. HOW SPECIFICATIONS AFFECT PROCUREMENT PROCESS EFFECT ON: POORLY WRITTEN: WELL WRITTEN: NUMBER OF BIDDERS Overly broad or restrictive Complete, clear concise specifications. specifications. Deter potential bidders. Attract MANY AND Increase costs. QUALIFIED bidders. Decrease chance of desired results. EVALUATION Easily misinterpreted. SHARP SPECIFIC PROCESS/PROTESTS Open to challenge and CRITERIA protest by unsuccessful Easier to evaluate. bidders. Minimizes possibility of protests. BIDDER RISK Unreasonable requirements Reasonable requirements higher risk and higher costs. lower assumption of risk by bidders. TYPE OF CONTRACT Uncertain amount of effort Well defined effort leads leads to cost reimbursement to a firm fixed price contract. contract. ADMINISTRATION OF Unclear inaccurate specifications Well defined specifications CONTRACT lead to management problems. lead to more control and easier administration. 17
  • 18. Specification That’s why, the specifications are to be written by an experienced professional. 18
  • 19. A GOOD SPECIFICATION SHOULD BE 1. Simple, consistent and exact, but not so specific that a loophole will allow a bidder to evade any of the provisions and thereby take advantage of his competitors or the buyer. 2. Identified, when possible, with some brand specification already on the market. (Custom goods are expensive). 3. Capable of being checked. It should describe the method of checking which will govern acceptance or rejection. A specification which cannot be checked is of little value and only confusion will result. 4. Reasonable in its tolerance. Unnecessary precision is expensive. 5. As fair to the seller as possible. 6. Capable of being met by several bidders for the sake of competition. 7. Clear and Up-to-Date. Misunderstanding can be expensive. 8. Flexible, inflexible specifications defeat progress. Invite vendors to suggest cost saving alternatives or substitutes.
  • 20. KEY WORDS The inappropriate use of key words in your specification could have disastrous results if the supplier is not sure what you are requiring and what you would like to have. Remember, suppliers, in order to be competitive, will almost always provide the least expensive product to you. If you say “may” rather than “will” in the text of your specification, it could mean one thing to one supplier and another to the end user. Use “shall” or “will” where ever a specification expresses a requirement. Use “should” or “may” to express non-mandatory provisions.
  • 21. MEASUREMENTS Dimensions, gauges, capacities, size designations, volume or temperatures should be specified in accordance with established precedent and trade practice for the particular commodity or service you are attempting to purchase. Review the document after completed and: 1. Make every effort to replace words with numbers. Whenever you go from words to numbers, communication relating to quantity or quality is enhanced. 2. Tolerances should be specified where applicable. 3. The use of “minimum” and “maximum” should be used wherever practical.
  • 22. FIGURES AND TABLES, GRADES, CLASSES, TYPES, COMPOSITIONS, ETC. The use of figures, illustrations, tables and graphs, etc. should be maximized. It describes the item(s) more clearly and accurately than you can in text. Tables show relationships more clearly than text. Figures and tables should have titles and parts clearly identified and should be numbered consecutively throughout the specifications. The use of grades, classes and types should be in accordance with established precedence and trade practices for the type of equipment, materials or supplies you are bidding. For the purpose of preparing specifications, type grade, class and compositions are defined as follows: Type: This term applies differences in design, model, shape, etc. of the items. Class: This term implies differences in mechanical or other characteristics of items which do not constitute a difference in quality or grade. Grade: This term implies differences in quality of a commodity. When practicable, the first grade of a commodity should be the highest or best grade. Composition: This term is used to classify commodities which are differentiated strictly by their respective chemical compositions. Other Classifications: Other classifications, such as form, weight, size, power supply, temperature rating, condition, insulation, etc. suitable for reference for the applicable equipment or commodity item may be used.
  • 23. WRITING HINTS Writing Style: Exposition is concerned primarily with the communication of ideas in a form that the reader can understand. It aims to: Save the readers time, eliminate confusion, and help the reader gain ideas quickly and easily. Active Voice is Preferred: Active voice is the most simple and direct way to make statements. Action is expressed directly, more vigorously, and makes the sentence more concise. Readers prefer the active voice because it is more: Direct, interesting and descriptive. Choosing the Right Word: You can make your meaning more clear by using shorter words. Shorter, more direct words get to the point, are clear-cut, and distinctive. For example: activate, expedite, initiate, nevertheless, prioritize and erroneous. Write Clear Using Shorter Phrases: Do not use long phrases when it is not necessary. For example: a great number of times (many), at regular intervals(every), make contact with(call).
  • 24. Preparation of Specification Before writing the specification the requirements should be clearly worked out. Requirements are often classified as; • 'Mandatory' - essential requirements that suppliers must meet • 'Desirable' - requirements that whilst bringing benefits are not essential • 'Information' - requirements that request information from the supplier typically for evaluation purposes Er. Satya Narayan Shah 24
  • 25. Specifications Use of standard specifications reduces the chances of ambiguity and also makes easier for preparation of contract documents. Reference to standards and codes e.g. IS, BS, NS etc. reduce extra efforts in detailing the specification etc. Standard Specification- Prepared and published by the organization. Standard Specification needs to be approved by the Cabinet level. Er. Satya Narayan Shah 25
  • 26. Specification to be required to describe the desired performance, and not to reduce competition. 26
  • 27. Examples of Specification • Example – Vehicle •Type – Sedan, Hatchback, •General - Seating capacity, Engine Power, C.C etc. •Transmission – 4 speed, 5 speed •Steering – Manual, power Spec •Options – AC, Non AC, Car •Warranty - Period to be covered Spec BIV Microsoft Office 27 Word 97 - 2003 Document
  • 28. Other Standard Documentation • Commercial Documents- Invoice, Packing list • Official Documents- License, Embassy legalization, Origin Certificate, Inspection Certificate, Phytosanitary certificate, Other Legal Documents • Transport Documents- Bill of Lading (ocean or multi-modal or Charter party), Airway bill, Lorry/truck receipt, railway receipt, Forwarder Cargo Receipt, Deliver Challan...etc • Insurance documents- Insurance policy 28
  • 29. Price schedule :offered from abroad. • Item description. • Country of origin. • Quantity. • Unit price FOB. • Unit price CIF, CIP ( Port of destination, Place of destination) • Total price. • Unit price of Inland delivery to final destination and unit price for other incidental services (if any). Price schedule 29
  • 30. Price schedule: Goods offered from within Nepal. • Item, Description. • Country of origin. • Quantity. • Unit price EXW per item. • Cost of local labor, raw materials and component indicated as percentage of EXW price. • Unit price per item final destination and unit price of other incidental services. • VAT and other taxes payable 30
  • 31. Schedule of requirements. • This schedule should cover description of goods and services to be supplied and delivery dates. • Destination of delivery should be carefully specified as per used INCOTERMS (CIF, CIP etc.) • The date prescribed herein from which the seller’s delivery obligation starts (i.e. from notice of awards or contract signature or opening or confirmation of L/C) should be stated clearly. • There may be range of acceptable delivery periods. 31
  • 34. 34
  • 35. Background - Introduction • INCOTERMS are the terms of trade in business • Published and developed by the International Chamber of Commerce (ICC) • First established in 1936, updated periodically with the latest version being “INCOTERMS 2010” 35
  • 36. INCOTERMS What are INCOTERMS? The official rules of International Chamber of Commerce (ICC) for the interpretation of trade terms accepted by governments, legal authorities and practitioners worldwide Explanation of Obligations of seller and buyer regarding delivery, division of cost, transfer of risk, packing, Inspection of goods, contract of carriage and Insurance, proof of delivery etc. 36
  • 37. Purpose of INCOTERMS  To facilitate the international trade so that goods are sold in more countries, in larger quantities, & in greater variety  To clearly define the respective obligations of seller & buyer  To reduce the risk of legal complication in a sales contract  To respond to the global business needs everywhere  Reduces or removes uncertainties arising from differing interpretations of shipping terms in different countries.  Reference to a proper INCOTERMS in a contract clearly defines each party’s obligations, costs and risks in the international transaction and reduces the risk of legal complications.  They can assist in defining what costs the purchase price includes (e.g. prepaid international freight, prepaid duties, insurance, etc.), and clarify the risks & liabilities. 37
  • 38. INCOTERMS • When we buy, it tells us: •If we have to make logistics arrangements to move the goods •If we have to make arrangements to clear goods for export and or import •What is included in our price (freight, duties, import/export fees, etc). •If there is a problem in transit, who holds the responsibility • When we sell, it tells us: •How to price our sales transaction (do we include freight, duties and taxes in our price) •Do we have to export clear the shipments, do we have to import clear the shipment? •Do we have to make the logistics arrangements •Our responsibility if there is a problem in transit • We need to evaluate our capabilities before we enter into international contracts! 38
  • 39. INCOTERMS E EXW Ex Works F FAS Free Alongside Ship FCA Free Carrier FOB Free On Board C CFR Cost and Freight (was C&F) CIF Cost, Insurance and Freight CIP Carriage and Insurance Paid To CPT Carriage Paid To D DAF Delivered At Frontier DDP Delivered Duty Paid DDU Delivered Duty Unpaid DEQ Delivered Ex Quay DES Delivered Ex Ship 39
  • 40. INCOTERMS GROUPS INCOTERMS fall into four different groups : • Departure “E” • Main Carriage Unpaid “F” • Main Carriage Paid “C” • Arrival “D” The point at which liability and carriage transfer from the seller to the buyer distinguishes the groups and each group’s letter corresponds to the first letter of an INCOTERM. 40
  • 41. Organization of INCOTERMS 2000 Incoterms are divided into four (4) categories: • “E” term – Seller makes the goods available to the buyer at the seller’s premises or other place named by the seller • “F” terms – Seller is responsible to deliver the goods to the export shipment point and carrier designated by the buyer • “C” terms – Seller is responsible for contracting carriage of goods to the place of destination, but does not assume risk of loss or damage to goods, or additional costs due to events occurring after shipment • “D” terms – Seller is responsible for all costs and risks associated with delivering goods to the named place in the country of destination 41
  • 42. EXW – Ex Works (Named Place) 42 • Seller: – Informs the Buyer when and where the goods will be available – Provides Commercial Invoice, Packing List & Certificate of Origin • Buyer: – Obtains the Export License – Arranges all carriers – Loads goods onto the carrier at the point of departure – Obtains import licenses and arranges import formalities • Risk of loss or damage passes to the buyer from the seller's door • Difficult to use with controlled items due to license issues
  • 43. Incoterms FOB – Free On Board (Named Shipping Port) 43 • Seller: – Obtains the Export License – Arranges delivery of goods to & loads the buyer’s carrier – Places goods on board the ocean vessel at the port of export designated by the Buyer • Buyer: – Gives sufficient notice to the Seller of the carrier & delivery point – Arranges the main carriage – Obtains import licenses and arranges import formalities • Risk & responsibility passes to the buyer when the goods pass the rail of the vessel • Used for sea or inland waterway transportation only
  • 44. 44
  • 45. CIF (…named port of destination) • CIF means that the seller delivers when the goods pass the ship's rail in the port of shipment. • The seller must pay the costs and freight necessary to bring the goods to the named port of destination but the risk of loss or damage to the goods as well as any additional costs due to events occurring after the time of delivery are transferred from the seller to the buyer. • The seller contracts for insurance and pays the insurance premium with a minimum cover. • This term can be used only for sea and inland waterway transport. 45
  • 46. 46
  • 47. CIP Carriage and Insurance paid to (…named place of destination) • CIP means that the seller delivers the goods to the carrier nominated by him, but the seller must in addition pay the cost of carriage necessary to bring the goods to the named destination. Seller has to procure insurance against the buyers risk of loss or damage to the goods during the carriage. • The risk passes when the goods have been delivered to the first carrier. • This term may be used for any mode of transport including multimodal transport. 47
  • 48. 48
  • 49. FCA – Free Carrier (Named Place) 49 • Seller: – Obtains the Export License – Arranges delivery of the goods to the buyer’s carrier • If delivery point is at the Seller’s facility, the Seller must load the goods onto the Buyer's collecting carrier. • If not delivering at the Seller’s facility, there is no obligation to load. • Buyer: – Gives sufficient notice to the Seller of the carrier & delivery point – Arranges the main carriage and the on-carriage – Obtains import licenses and arranges import formalities • Risk of loss or damage passes to the buyer when the seller delivers the goods to the carrier
  • 50. DDU – Delivered Duty Unpaid (Named Place) 50 • Seller: – Obtains the Export License – Arranges for and pays freight costs of carriage to the named point of destination • Buyer: – Accepts and unloads the goods – Obtains import licenses and pays for import clearance • Risk and responsibility of import clearance pass to buyer when seller delivers goods to named destination point. • Often can be used to lower duties or taxes when foreign buyer can receive a voucher for any cost incurred • If the parties wish the buyer to bear all risks and costs of the import, the DDU term should be used.
  • 51. DDP – Delivered Duty Paid (Named Place) • The seller delivers the goods to the buyer, cleared for import, and not unloaded from any arriving means of transport at the named place of destination • The seller has to bear all the costs and risks involved in bringing the goods thereto including, where applicable, any "duty" (which term includes the responsibility for and the risks of the carrying out of customs formalities and the payment of formalities, customs duties, taxes and other charges) for import in the country of destination. • DDP represents the maximum obligation to the seller. • This term should not be used if the seller is unable directly or indirectly to obtain the import license. • Parties may exclude from the seller's obligations some of the costs payable upon import of the goods (such as VAT). 51
  • 52. Responsibilities of the Seller (Exporter) and Buyer (Importer) Trade contract responsibilities EXW FCA FAS FOB Inland freight in Seller's country O O O O Customs clearance in Seller's country O O O O Payment of customs charges and taxes in export O O O O Loading to the main carrier O O O O Main carriage/freight O O O O Cargo (marine) insurance O O O O Unloading from the main carrier O O O O Customs clearance in Buyer's country O O O O Payment of customs duties and taxes in import O O O O Inland freight in Buyer's country O O O O Other costs and risks in Buyer's country O O O O O Seller is responsible O Buyer is responsible 52
  • 53. Responsibilities of the Seller (Exporter) and Buyer (Importer) Trade contract responsibilities CFR CIF CPT CIP Inland freight in Seller's country O O O O Customs clearance in Seller's country O O O O Payment of customs charges and taxes in export O O O O Loading to the main carrier O O O O Main carriage/freight O O O O Cargo (marine) insurance O O O O Unloading from the main carrier O O O O Customs clearance in Buyer's country O O O O Payment of customs duties and taxes in import O O O O Inland freight in Buyer's country O O O O Other costs and risks in Buyer's country O O O O O Seller is responsible O Buyer is responsible 53
  • 54. Responsibilities of the Seller (Exporter) and Buyer (Importer) Trade contract responsibilities DAF DES DEQ DDU DDP Inland freight in Seller's country O O O O O Customs clearance in Seller's country O O O O O Payment of customs charges and taxes in export O O O O O Loading to the main carrier O O O O O Main carriage/freight O O O O O Cargo (marine) insurance O O O O O Unloading from the main carrier O O O O O Customs clearance in Buyer's country O O O O O Payment of customs duties and taxes in import O O O O O Inland freight in Buyer's country O O O O O Other costs and risks in Buyer's country O O O O O O Seller is responsible O Buyer is responsible 54
  • 55. INCOTERMS 2010 • INCOTERMS 2000 has been modified on 27th September 2010 and has been enforced from 1st January 2011. • DAF (Delivered at Frontier), DES (Delivered Ex Ship), DEQ (Delivered Ex Quay) / DDU(Delivered Duty Unpaid) have been removed. • DAT( Delivered at Terminal),and DAP (Delivered at Place) have been introduced. 55
  • 56. INCOTERMS 2010 Group E Departure. EXW Ex Works (…named place) Group F Main carriage unpaid. FCA Free Carrier (…named place) FAS Free Alongside ship (…named port of shipment) FOB Free on Board (…named port of shipment) Group C Main carriage Paid CFR Cost and Freight (…named port of destination) CIF Cost Insurance and Freight (…named port of destination) CPT Carriage Paid To (…named place of destination) CIP Carriage and Insurance Paid (…named place of destination) Group D Arrival DAT Delivered At terminal (…named place) DAP Delivered At Place(…named place) DDP Delivered Duty Paid (…named place of destination) 56
  • 57. DAT - Delivered at Terminal • Seller bears cost, risk and responsibility until goods are unloaded (delivered) at named quay, warehouse, yard, or terminal at destination. Demurrage or detention charges may apply to seller. Seller clears goods for export, not import. DAT replaces DEQ, DES. 57
  • 58. DAP - Delivered at Place • Seller bears cost, risk and responsibility for goods until made available to buyer at named place of destination. Seller clears goods for export, not import. DAP replaces DAF, DDU. 58
  • 59. 59 INCOTERMS 2010 MULTIMODAL TRANSPORT Exw (Ex works) FCA ( Free carrier) CPT (Carriage paid to ) CIP (Carriage and Insurance Paid to ) DAT (Delivered At Terminal) DAP ( Delivered At Place) DDP (Delivered Duty Paid )
  • 60. 60 INCOTERMS 2010 SEA OR INLAND WATERWAY TRANSPORT FAS (Free Alongside Ship) FOB (Free On Board) CFR (Cost and Freight) CIF (Cost insurance and Freight)
  • 61. Limitation of INCOTERMS – Scope is limited to matters relating to the rights and obligations of the parties to the contract with respect to the delivery of goods. – Two misconceptions about INCOTERMS • 1st, they are frequently misunderstood as applying to the contract of carriage rather than to the contract of sale/buy. • 2nd, they are sometimes wrongly assumed to provide for all the duties which parties may wish to include in a contract of sale. – Generally, they don’t deal with the consequences of: • Breach of contract. • Any exemptions from liability. • Transfer of ownership and other property right. 61
  • 62. Country of Origin • For purposes of this Clause, “origin” means the place where the Goods were mined, grown, or produced, or from which the Services are supplied. Goods are produced when, through manufacturing, processing, or substantial and major assembly of components, a commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components. • The origin of Goods and Services is distinct from the nationality of the Supplier. 62
  • 63. Shipping Documents • A legal document between the shipper of a particular goods and the carrier detailing the type, quantity and destination of the goods being carried. The Transport Document also serves as a receipt of shipment when the goods are delivered to the predetermined destination. This document must accompany the shipped goods, no matter the form of transportation, and must be signed by an authorized representative from the carrier, shipper and receiver. • They are - Bill of Lading (ocean or multi-modal or Charter party), Airway bill, Lorry/truck receipt, railway receipt, Forwarder Cargo Receipt, Deliver Challan...etc 63
  • 64. WARRANTY/GUARANTY • Official authorization, sanction, or warrant. • An assurance by the seller of property that the goods or property are as represented or will be as promised. • The insured guarantee that the facts are as stated in reference to an insurance risk or that specified conditions will be fulfilled to keep the contract effective. • A guarantee given to the purchaser by a company stating that a product is reliable and free from known defects and that the seller will, without charge, repair or replace defective parts within a given time limit and under certain conditions. A guarantor To assume responsibility for the debt, default, or miscarriage. To undertake to do, accomplish, or ensure (something) for another. To express with conviction: I guarantee that you'll like this book.
  • 65. “Place of Destination” & “Final destination (Project 65 Site)”… • Sometimes both may be a single place. • For large value goods or sophisticated goods, “Place of Destination” is chosen any easily accessible place instead of the project site where goods are to actually used. • Transportation of goods from “Place of Destination” to the “Final destination (Project Site)” may be done in two ways: (i) Not included in the supply contract and purchaser itself does it, or (ii) included in the contract, but with separate pay item.
  • 66. Inspection && CCoommmmiissssiioonniinngg ooff GGooooddss IInnssppeeccttiioonn CCoommmmiitttteeee CCoommpplliiaannccee wwiitthh tthhee ccoonnddiittiioonnss ooff ccoonnttrraacctt VVeerriiffiiccaattiioonn ooff tthhee tteecchhnniiccaall ssppeecciiffiiccaattiioonn PPhhyyssiiccaall vveerriiffiiccaattiioonn VVeerriiffiiccaattiioonn && vvaalliiddaattiioonn ooff ppeerrffoorrmmaanncceess IInnssppeeccttiioonn RReeppoorrtt – SSuupppplliieerr wwiillll bbee eennttiittlleedd ttoo rreemmoovvee tthhee ddeeffeeccttiivvee ggooooddss aatt iittss oowwnn rriisskk//ccoossttss.. 6666
  • 67. MMOODDEESS OOFF PPAAYYMMEENNTT MMeeaannss bbyy wwhhiicchh aa ppaayymmeenntt iiss mmaaddee,, ssuucchh aass AAddvvaannccee ppaayymmeenntt ((mmoosstt sseeccuurree ffoorr sseelllleerr)) DDiirreecctt//CCaasshh ppaayymmeenntt ((mmoosstt sseeccuurree ffoorr bbuuyyeerr)) DDooccuummeennttaarryy CCrreeddiitt ((mmoorree sseeccuurree ffoorr sseelllleerr aass wweellll aass bbuuyyeerr))--LL//CC DDooccuummeennttaarryy ccoolllleeccttiioonn ((mmoorree sseeccuurree ffoorr bbuuyyeerr aanndd ttoo aa cceerrttaaiinn eexxtteenntt ttoo sseelllleerr)) AAllssoo ccaalllleedd ""CCaasshh AAggaaiinnsstt DDooccuummeennttss"".. 6677
  • 68. LLeetttteerr ooff CCrreeddiitt.. 1. Contract BUYER 12. Goods SELLER Delivered CIF 5. Goods On Board 6. Doc.s 4. Advice L/C Issued 3. Letter of Credit 8. Documents 11. Money 2 Cr e di t 10. Doc u me nt s ISSUING BANK ADVISING /CONFIRMING BANK 9. Money 7 6688
  • 69. RISK SITUATIONS IN LETTER-OF-CREDIT TRANSACTIONS Risks to the Applicant • Non-delivery of Goods • Short Shipment • Inferior Quality • Early /Late Shipment • Damaged in transit • Foreign exchange • Failure of Bank viz. Issuing bank / Collecting Bank 69
  • 70. Documents Required for Payment. Goods supplied from out side :  Copies of supplier’s invoice.  Non negotiable bill of lading marked “ freight prepaid.”  Packing list identifying contents of each packages.  Insurance Documents  Inspection certificate  Certificate of origin Goods from within Nepal:  Supplier’s invoice.  Delivery note, Carrier receipt.  Insurance, Warranty, and Inspection certificate. 70
  • 71. Common Defects in Documentation • Letter of Credit has expired prior to presentation of draft. • Bill of Lading evidences delivery prior to or after the date range stated in the credit. • Stale dated documents. • Changes included in the invoice not authorized in the credit. • Inconsistent description of goods. • Insurance document errors. • Invoice amount not equal to draft amount. • Ports of loading and destination not as specified in the credit. • Description of merchandise is not as stated in credit. • A document required by the credit is not presented. • Documents are inconsistent as to general information such as volume, quality, etc. • Names of documents not exact as described in the credit. Beneficiary information must be exact. • Invoice or statement is not signed as stipulated in the letter of credit. 71

Editor's Notes

  1. FC type 1: concluded with one or more suppliers, in which all specifications and all terms and conditions are set out in the FC itself; following contract (purchase orders are issues in the second stage with no competition. FC type 2: concluded with more than one supplier, in which specifications and main terms are set out in the FC; some terms of the procurement subject to further competition at the second stage. FC type 3: concluded with more than one supplier, with final award based only on price BUT always open to new suppliers.
  2. THE BULLET POINTS IN THE SLIDE ARE SELF-EXPLANATORY. THE INSTRUCTOR MIGHT USE QUESTION AND ANSWER TECHNIQUE TO GET THESE POINTS ACROSS FOR THIS SLIDE AS WELL AS FOR THE NEXT TWO SLIDES.
  3. SEE NOTES TO SLIDE 3.
  4. FOB – Free on Board Notes: Warning! There are different definitions that apply to FOB for domestic freight under the Uniform Commercial Code (UCC). These are not interchangeable with Incoterms and are not suitable for international shipments.