M/s. Flowserve Sanmar Make Spare Mechanical Seal For Condensate Extraction Pump

OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 25 percent of bid quantity at the time of placement of contract. The purchaser also reserves the right to increase the ordered quantity up to 25% of the contracted quantity during the currency of the contract at the contracted rates. The delivery period of quantity shall commence from the last date of original delivery order and in cases where option clause is exercised during the extended delivery period the additional time shall commence from the last date of extended delivery period. The additional delivery time shall be (Increased quantity ÷ Original quantity) × Original delivery period (in days), subject to minimum of 30 days. If the original delivery period is less than 30 days, the additional time equals the original delivery period. The Purchaser may extend this calculated delivery duration up to the original delivery period while exercising the option clause. Bidders must comply with these terms.

Scope of supply (Bid price to include all cost components) : Only supply of Goods

Bidder's offer is liable to be rejected if they don't upload any of the certificates / documents sought in the Bid document, ATC and Corrigendum if any.

Bidders are advised to check applicable GST on their own before quoting. Buyer will not take any responsibility in this regards. GST reimbursement will be as per actuals or as per applicable rates (whichever is lower), subject to the maximum of quoted GST %.

Bidder shall submit the following documents along with their bid for Vendor Code Creation:

• a.Copy of PAN Card.
• b.Copy of GSTIN.
• c.Copy of Cancelled Cheque.
• d.Copy of EFT Mandate duly certified by Bank.

Data Sheet of the product(s) offered in the bid, are to be uploaded along with the bid documents. Buyers can match and verify the Data Sheet with the product specifications offered. In case of any unexplained mismatch of technical parameters, the bid is liable for rejection.

Supplier shall ensure that the Invoice is raised in the name of Consignee with GSTIN of Consignee only.

• 1.The Seller shall not assign the Contract in whole or part without obtaining the prior written consent of buyer.
• 2.The Seller shall not sub-contract the Contract in whole or part to any entity without obtaining the prior written consent of buyer.
• 3.The Seller shall, notwithstanding the consent and assignment/sub-contract, remain jointly and severally liable and responsible to buyer together with the assignee/ sub-contractor, for and in respect of the due performance of the Contract and the Sellers obligations there under.

While generating invoice in GeM portal, the seller must upload scanned copy of GST invoice and the screenshot of GST portal confirming payment of GST.

Warranty period of the supplied products shall be 1 years from the date of final acceptance of goods or after completion of installation, commissioning & testing of goods (if included in the scope of supply), at consignee location. OEM Warranty certificates must be submitted by Successful Bidder at the time of delivery of Goods. The seller should guarantee the rectification of goods in case of any break down during the guarantee period. Seller should have well established Installation, Commissioning, Training, Troubleshooting and Maintenance Service group in INDIA for attending the after sales service. Details of Service Centres near consignee destinations are to be uploaded along with the bid.

Buyer Added text based ATC clauses ADDITIONAL TERMS AND CONDITIONS OF THE CONTRACT

• 1.Qualification Requirements: Only OEM (M/s. Flowserve Sanmar) can participated in this Bid. The bid submitted by the bidders, other than OEM or its’ Authorized Dealer shall be summarily rejected. Note: Qualified bidder other than the OEM to whom the contract gets awarded against this bid is responsible to ensure continuity of the validity of the Dealership / Distributorship / Agency and or OEM authorization till the execution of the complete scope under the awarded contract against this bid.
• 2.Bid Price: Prices quoted shall be inclusive of all as per GeM GTC. However, Unloading of Consignment is in the scope of Buyer. Hence, bidder shall ensure to exclude all type of Unloading expenses and asso ciated charges from the quoted price.
• 3.Price Mismatch: Price bid evaluation and Mismatch between “Total price quoted by bidder in GeM financial bid and total of price of all items uploaded “price bid breakup/ SOQR” shall be governed as per Annexure-I (under Buyer a dded specific ATC)
• A.In case of two-part tenders, the Bidder shall take special care not to mix up any price d etails required to be submitted against Part-II (Price bid) with Part-I (Technical & Commer cial bid except price) and vice versa. Any violation of the above shall lead to summarily r ejection of bid as being non-responsive.
• B.Wherever asked for, the bidder shall be required to submit complete break-up of “Total Price” as per prescribed “Price Bid Break-up/SOQR” format in GeM Portal. In such case, th e non-submission of the “Price Bid Break-up/SOQR” or submission of irrelevant document or submission of No/Nil value against all items of the “Price Bid Break-up/SOQR” shall lea d to rejection of such bids. However, in case No/Nil rate is quoted against some of the ite m(s), the price of such item(s) shall be deemed to be zero.
• C.Addition/deletion/modification of any item in the prescribed “Price Bid Break-up/SOQR” f ormat is not acceptable unless authorized by Buyer and accordingly, bids with any unaut horized addition/deletion/modification in the prescribed “Price Bid Break-up/SOQR” forma t shall be summarily rejected.
• D.Calculations for Price Bid Evaluation for Single Packet/ Part Bids, Part-II (price bid) evaluation for Two Packet/ Part Bids and Contract Order Placement:
• 1.For Price Bid Evaluation as per price evaluation criteria as well as for award of contract, “ Total Price” quoted by Bidder in GeM Portal shall only be considered. The same “Total Pri ce” shall only be considered for other purposes (i.e., negotiation, price matching in case of MSE/MII purchase preference/Bid splitting, Financial score in case of QCBS tenders, Re verse Auction (RA) etc). However, the “Price Bid Break-up/SOQR” submitted in GeM Portal or “Price Bid Break-up/S OQR” arrived at as per calculations mentioned in below clauses, as the case may be, will only be used as price breakup for the purpose of interim/running bill payments.
• 2.The “Total Price” quoted should match with the total of price of all items of the “Price Bid Break-up/SOQR”.
• 3.For arriving at the item-wise amount as well as at the total of all items of the “Price Bid B reak-up/SOQR”, the quantity multiplied by the quoted rates shall govern and if required, other figures will stand corrected accordingly.
• 4.In case of mismatch between “Total Price” quoted by Bidder in GeM Portal and total of pr ice of all items of the “Price Bid Break-up/SOQR”, the “Total Price” quoted by Bidder in G eM Portal only shall be considered. The prices of all the items of the “Price Bid Break-up/ SOQR” mentioned by the Bidder in the submitted document in GeM Portal, will stand adj usted accordingly in proportion to the weighted average of item-wise amount.
• 5.Bidder get option to submit Revised “Price Bid Break-up/SOQR” during Negotiation or Re verse Auction (RA). While submitting the Revised “Price Bid Break-up/SOQR”, the Bidder should not increase price of any item(s) from the originally submitted (i.e., uploaded at ti me of Bid submission) “Price Bid Break-up/SOQR”. In case, during negotiation price is incr eased for any item(s) by the bidder, the same shall not be accepted and will be dealt as s tipulated in point 4 above.
• 6.In case of price matching scenario during MSE/MII Purchase Preference/ Bid splitting, the originally submitted price of each of the items of the “Price Bid Break-up/SOQR” will stan d corrected by a uniform percentage. This uniform percentage shall be equal to the perc entage difference between the originally quoted “Total Price” and the “Total Matched Pric e” expressed with reference to the originally quoted “Total Price”.
• 4.Priority of Documents: The documents forming the contract are to be taken as mutually explanatory of one another. For the purp oses of interpretation, the priority of documents shall be in accordance with the following sequence:
• i.Contract Agreement ii. Response to Pre-bid queries / Bid Corrigendum iii. Buyer added Bid Specific Additional Terms & Conditions iv. General Terms and Conditions on GeM
• v.Technical Specifications vi. Drawings and technical documents finalized / approved during the execution of contract.
• 5.Delivery Schedule: Contractual Date of Delivery (Delivery Schedule) mentioned in Bid Document, shall be the essence of the Contract.
• 6.Liquidated Damages: Liquidated Damages as stipulated under clause no. 15 (iii) of GeM GTC shall be applicable for the contract awarded against this Bid.
• 7.Unloading of the consignments reported at Consignee’s location:
• i.Unloading of the consignments reported at Consignee’s location is in the scope of the Buyer at Seller’s ri sk. ii. Seller shall ensure that the consignment(s) shall be properly packed as per the Industry standards of res pective categories of products to avoid damage during transportation and unloading of the consignment at Consignee’s location. Seller is solely responsible for associated risk and damages, if any, that occur during the unloading of consignment at consignee’s location due to improper/inadequate packing by the Seller. iii. Seller is responsible to provide details of Consignment shipped to Consignee in advance along with rele vant documents (like GeM Contract Details) and information of Transporter / Courier / Seller Representativ e (if applicable) / Driver (Ex. Aadhar Details, Driving License, etc.) and vehicle (Ex. RC, PUC, Vehicle Fitnes s, etc) carrying the consignment. iv. Sellers Representatives / Vehicle entry permit at Consignee location is subject to security clearance fro m Central Industrial Security Force (CISF) after verification of valid Identity Proof (Ex. Aadhar Details, Drivi ng License, etc.) and all other relevant valid documents of the vehicle (Ex. RC, PUC, Vehicle Fitness, etc) c arrying the consignment.
• v.Buyer will put best efforts to unload the consignment with advance intimation and report preferably on or before 14:00 Hrs at NPCIL, KAPS Main Gate on any working days excluding Sundays, second Saturdays and Public holidays. vi. Only consignment(s) pertaining to NPCIL, Kakrapar shall be permitted inside the plant premises. vii. Seller shall be responsible for Compliance to e-Way Bill in line with e-way bill provision under GST Act viii. Seller has to ensure Delivery of Consignment within CDD / Re-fixed CDD /Extended CDD of the Contra ct. Acceptance of Consignment delivered beyond Contractual Delivery Schedule and Liquidated Damages Period shall be on sole discretion of Buyer based on requirement at Buyer’s end.
• 8.Submission of Documents to consignee and Paying authority
• a.Seller shall ensure submission of following documents to the Consignee along with the supply for the ti mely processing of Provisional Receipt Certificate (PRC) on GeM portal.
• i.Delivery challan / Copy of Original invoice clearly marked for ‘Bill to’ and ‘Shipped to’ ii. Packing list clearly correlating items with specific details (like Equipment no., Batch no., Part no., Heat no. etc.) in documents Seller shall ensure to upload “Proof of Delivery” duly Signed and Stamped / Sealed by Consignee on GeM p ortal within valid delivery period of the contract for timely processing of PRC. Seller shall be solely respons ible for the delay in processing of PRC and CRAC for the non-compliance with this requirement.
• b.The Seller has to submit following documents to the Paying Authority immediately after despatching material to the Consignee:
• i.Original invoice clearly marked for ‘Bill to’ and ‘Shipped to’, ii. E-invoice if applicable to Seller based on his turnover iii. Annexure-F (format enclosed), iv. Seller’s Bank details,
• v.Any other payment document mentioned in the contract required for paying authority Seller shall be solely responsible for the delay in release of payment due to delayed submission of mandat ory documents to Paying Authority of Buyer.
• 9.In the event of “Dis-qualification” of Bid on account of non-compliance to bid conditions and non-submis sion of necessary documents against the Bid requirement and/or during the clarification on GeM Portal; Th e Clarifications/Documents submitted during the representation time shall not be considered for evaluation .
• 10.Representation/clarification in bid document: Representation window is available on GeM portal for all bidders during the Bidding period. Bidder(s) shall use available window for any "Bid representation" or "Bid clarification" for appropriate response from buye r on GeM portal only. Bid clarification or representation raised through any other media shall be treated un solicited. Buyer shall not be responsible for addressing the clarification/representation asked by the bidder /s through any other mode outside GeM.
• 11.EMD can be submitted through SBI collect portal: following is the SBI collect navigation for payment. Sr. No Particular Details 01 Step–1 Go to SBI Collect portal and Click on PSU tab 02 Step–2 After clicking on PSU tab, Select Category: PSU-Public Sector U ndertaking 03 Step–3 Type (Enter) “NUCLEAR” in search option. PSU name as Nuclea r Power Corporation of India Limited and State as Gujarat will a ppear 04 Step–4 Fill up the requisite details and follow the procedure of bank pa yment.
• 12.Seller bank details for refund of EMD amount. In the event, seller submitting EMD through NEFT/RTGS/DD/BANKER’S cheque mode, following information must be provided along with bid document, failing which, buyer shall not be responsible for any delay cau sed in returning EMD amount. Sr. No Particular Details 01 Name of Account Holder 02 Account Number 03 Bank Name 04 IFSC Code 05 Bank Address Bank details (cancelled cheque, bank statement etc.). In support of above may please be uploaded along with bid. Note: - Bidder shall ensure to provide details of (i) GeM Bid for EMD and (ii) GeM Contract for e-PBG transa ctions made online through NEFT/RTGS/SBI collect. Transactions without these details will be considered a s unsolicited and NPCIL shall not be responsible for refund of credit against such transactions.
• 13.Submission/Exemption of EMD shall be as per GeM GTC. However, Vendor Assessment is not applicabl e for Custom/BOQ bids. Hence, "Vendor Assessment Report" shall not be considered for EMD exemption in the instant bid. Accordingly, EMD exemption shall be allowed as per GeM GTC, except against "Vendor Ass essment Report".
• 14.MSE Purchase Preference & benefits: Purchase preference will be given to MSEs as defined in Public Procurement Policy for Micro and Small Ent erprises (MSEs) Order, 2012 dated 23.03.2012 issued by Ministry of Micro, Small and Medium Enterprises a nd its subsequent Orders/Notifications issued by concerned Ministry. Only Manufacturers quoting for goods /products manufactured by them shall be eligible for availing benefits under the Public procurement policy for MSEs order 2012. Dealers/ distributors/sole-agents/resellers/Traders/Stockists will not be considered for benefits under the subject policy and are required to pay requisite EMD in case stipulated in the bid docum ent. Seller declaration stating that the offered product is manufactured by them shall be submitted along with the bid. As mentioned in Section 7(4) of Ministry of MSME's Notification No. S. O2119(E) dated 26th June, 2020, an enterprise registered with any other organization under the Ministry of MSME shall register itself under Udy am Registration. With effect from 01.07.2020, MSEs registered under Udyam Registration are eligible to av ail the benefits under the Policy. All the MSEs interested in availing benefits must upload the following, failing which, such MSEs shall not b e entitled to claim the benefits under the MSME policy
• a.Udyam Registration Certification (URC)
• b.Seller declaration that the offered product is manufactured by them.
• 15.Purchase preference for Make in India products: Purchase preference shall be given for procurement under this bid to Class I Local Supplier as defined in P ublic Procurement (Preference to Make in India) Order 2017 as amended from time to time and its subsequ ent Orders/Notifications issued by concerned Nodal ministry for specific Goods/products. The minimum loc al content to qualify as Class-I local supplier shall be as per relevant notification/order issued by nodal min istry as available on the website of Dept. of Promotion of Industries and Internal Trade and as specified in t he GeM Bid. In order to obtain “Purchase Preference” under the MII policy, Bidders shall submit Undertaking / self-certif ication from the OEM for following information in compliance to above mentioned Make-In-India policy, faili ng which the bid shall be liable for rejection.
• a.Details of OEM (i.e. Name, Address, Contact details etc.)
• b.Whether the OEM of product offered is: (i) class-I local supplier or (ii) Class-II Local supplier or (iii) No n-Local Supplier
• c.(%) Percentage of local content available in the "Quoted product"
• d.Details of "Location(s) at which, the local value addition is made". Only Class I and Class II local supplier as defined in Public Procurement (Preference to Make in India) Order 2017 are eligible to participate in the instant bid. Bids received from Non-local supplier shall not be consid ered for evaluation.
• 16.Civil Liability for Nuclear Damages (CLND) Act 2010 & Rule 2011 thereof: Subsequent to the enactment of CLND Act 2010 and Rule 2011, the Purchaser shall have Right to Recourse against the contractor in accordance with provisions under Section 17(a) of Civil Liability for Nuclear Dama ge Act, 2010. Right of Recourse under Civil Liability for Nuclear Damages Act 2010 & Rule 2011 thereof;
• a.The Purchaser shall have Right to Recourse against the supplier in accordance with provisions under Se ction 17(a) of Civil Liability for Nuclear Damage Act, 2010, with following limitations, as stipulated in Rule 2 4 of the Civil Liability for Nuclear Damage Rules, 2011: The Supplier’s liability shall be to the extent of the Operator’s liability under sub-section (2) of Section 6 of the Act or the value of the contract, whichever is less, AND The duration of Supplier’s liability shall be limited to duration of initial license issued by AERB or the produ ct liability period, whichever is longer.
• b.The term “supplier” and the duration and extent of supplier’s liability are explained in Rule 24 of the Civi l Liability for Nuclear Damage (CLND) Rules, 2011. For any questions relating to supplier’s liability under se ction 17 of the Civil Liability for Nuclear Damage (CLND) Act, 2010, Government of India’s clarifications dat ed February 08, 2015 may be referred to. These have been posted at the websites of Ministry of External Affairs and the Department of Atomic Energy under the title “Frequently Asked Questions and Answers on Civil Liability for Nuclear Damage Act 2010 and Related Issues”.
• c.In regard to contracts with manufacturers of or vendors for supply of systems, equipment, components, or building of structures, or provision of services to nuclear installations which are operating or are under construction or those to be installed in future for which NPCIL is the system designer and technol ogy owner, being responsible for safety design of such installations, NPCIL shall assume the role of supplie r in accordance with the explanation of the term “supplier” given in Rule 24 of the CLND Rules, 2011 and i n the context of section 17(a) and (b) of the CLND Act, 2010.
• d.Other suppliers can avail the Nuclear Suppliers’ Special Contingency (Against Right of Recourse) Insuran ce Policy provided by the India Nuclear Insurance Pool to cover any liability exposure under section 17(a) a nd (b) of the CLND Act, 2010. NPCIL maintains the operator’s statutory insurance under the CLND Act, 201 0 by subscribing to the Nuclear Operator’s Liability Policy offered by the India Nuclear Insurance pool, ther eby subrogating to the India Nuclear Insurance pool the operator’s “right of recourse” against suppliers un der section 17(a) & (b) of the CLND Act, 2010.
• e.To have clarity on the terms used in the CLND Act 2010 and Rule 2011 pertaining to Right to Recourse, t he following definition to be considered by the bidder before submission of bids.
• i.“Contractor” – shall be as per applicable GTC. ii. “Supplier” shall be as defined in CLND Rule 24-2. iii. “Product Liability Period (PLP)” shall be as defined in CLND Rule 24-2. iv. “Initial License” (Refer CLND Rule 24-2): The initial license, unless otherwise specified, is valid for a pe riod of five years from the date of its issue by AERB.
• f.Right of Recourse under Civil Liability for Nuclear Damages Act 2010 & Rule 2011 thereof No te: Since requirement is for PHWR, NPCIL is the system designer and technology owner, being responsible for safety design of such installations in the this tender, NPCIL shall assume the role of Supplier in accorda nce with the explanation of term “Supplier” given in Rule 24 of the CLND Rules, 2011 and in the context of section 17(a) and (b) of the CLND Act, 2010.
• 17.Submission of Contractual Securities /Bank Guarantee In case of award of contract, successful bidder shall furnish Performance Security for 5 % of the Contract va lue in any mode indicated in BID within 15 days of placement of contract for the duration of 04 months in clusive of 2 months claim period. Original BG Documents shall be sent preferably through India Post (Sp eed Post) in the below address: To, Head, C&MM, Nuclear Power Corporation of India Limited, Kakrapar Gujarat Site, PO – Anumala, District – Tapi, Gujarat – 394651
• 18.Bidder/Seller can submit the Bank Guarantee preferably through NeSL in eBG form. Details shall be us ed for NeSL as below: Beneficiary PAN AAACN3154F Beneficiary Name Site Director, Kakrapar Gujarat Site Nuclear Power Corporation of India Limited Date of Incorporation 03/09/1987 Beneficiary Email Id Will be provided to successful bidder after award of contract Contact No: Will be provided to successful bidder after award of contract Legal Constitution of the Party Company Company Identification Number CIN - U40104MH1987GOI149458 Registered Office Address 16th Floor, World Trade Centre-1, Cuffe Parade, C olaba, Mumbai Registered Office Address Pin code 400 005 Communication Address Head C&MM Nuclear Power Corporation of India Limited Kakrapar Gujarat Site, Post-Anumala. Pin-394651, Taluka: Vyara, District: Tapi, Gujarat
• 19.Bidder/Seller can submit the Bank Guarantee preferably in the form of Insurance Surety Bond as per fo rmat given below: PERFORMANCE SECURITY BOND Insurance Surety Bond No. Dated: ................ To, NUCLEAR POWER CORPORATION OF INDIA LIMITED (Acting through) Executive Director, Directorate Of Contracts & Materials Management NUB, Anushaktinagar, Mumbai-400094.
• (A)WHEREAS on or about the (Date of the Purchase Order _______________________________) M/s. _ ___________________________________________ a Company incorporated under the Companies Ac t 1956 and having its registered office at ____________________________________________________ ___________ (hereinafter referred to as ‘The Contractor’) entered into an agreement bearing N o.________________________ (hereinafter referred to as ‘The Contract‘), with Nuclear Power Cor poration of India Limited (A Government of India Enterprise) acting through Executive Directo r, Contracts & Material Management (hereinafter referred to as (Purchaser) for Supply/EPC P ackage of _____________________ (hereinafter referred to as ‘The Equipment).
• (B)AND WHEREAS under the terms & conditions of the contract, the Contractor shall furnish an Performance Security Bond for an amount of Rs. _________________(Rupees __________________ ______ only} representing ________ per cent of the total value of the contract in the form of irr evocable and unconditional Insurance Surety Bond, in a manner herein contained duly issued by Insurance Company towards satisfactory performance of the contract and performance of the equipment and against any loss or damage caused to or suffered or should be caused to or suffered by the Purchaser by reason of any breach by the said Contractor (s) of any terms and conditions contained in the said agreement. The Performance Security Bond shall be vali d till satisfactory completion of Defect Liability Period covering the Warranty/Guarantee perio d of the equipment as per the terms & conditions of the said agreement.
• (C)We, _______________ through our branch at _________________ (hereinafter referred to as “The I nsurance Company”), have agreed to furnish this Insurance Surety Bond (hereinafter called t he “Guarantee”) for the Guarantee Amount. NOW, THEREFORE, the Insurance Company hereby, unconditionally and irrevocably guarantees and affirms as follows:
• 1.NOW WE, __________________________ (the “Insurance Company") hereby unconditionally and i rrevocably guarantees the due and faithful repayment on time of the aforesaid amount due a nd payable under this guarantee, and agrees and undertakes to pay to the Purchaser, merel y on demand from Purchaser stating that the amount claimed is due by way of loss or damag e caused to, or suffered by, the Purchaser by reason of breach by the said Contractor (s) of a ny of the terms and conditions contained in the said agreement or by reason of the Contract or (s)’s failure to perform the said agreement or by reason of unsatisfactory performance of t he equipment during the Warranty Period, and without any demur, reservation, recourse, con test or protest, and without any reference to the Contractor, such sum or sums up to an aggr egate sum of the Guarantee Amount as the Purchaser shall claim, without the Purchaser bein g required to prove or to show grounds or reasons for its demand and/or for the sum specifie d therein. Any such demand made on the Insurance Company shall be conclusive, final and binding on the Insurance company as regards the amount due and payable by Insurance co mpany under this guarantee. However, our liability under this guarantee, shall be restricted t o an amount not exceeding Rs. ______________ (Rupees___________________________________ onl y).
• 2.We undertake to pay to the Purchaser the said sum of Rs. _______________________ {Rupees __ ____________________________only) demanded not withstanding any dispute or disputes raised by the Contractor (s) in any suit or proceeding pending before any Court or Tribunal, Arbitrat ors or any other body relating thereto our liability under this present being absolute and une quivocal, The payment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the Contractor (s) shall have no claim against us for making suc h payment.
• 3.WE HEREBY further agree that the decision of the Purchaser as to the amount of damages suf fered by the Purchase by reason(s) of any breach by the said Contractor or whether the said equipment is giving satisfactory performance or not during the Warranty Period as per the te rms and conditions of the said agreement, shall be final and binding on us.
• 4.The Insurance company deciares that this insurance surety bond is issued by the ___________ ________________ (the “Insurance Company”) as per the applicable rules and regulations of ins urance regulatory development authority of India(IRDA), and also agrees that the purchaser as its option shall be entitled to enforce this surety against the insurance company as a princ ipal debtor, in the first instance without proceeding against the contractor and notwithstandi ng any security or other guarantee the purchaser may have in relation to the Contractor's lia bilities.
• 5.In order to give effect to this Insurance Surety Bond, the Purchaser shall be entitled to act as if the Insurance Company were the principal debtor and any change in the constitution of the Contractor and/or the Insurance Company shall not in any way or manner affect the liability o r obligation of the Insurance Company under this Guarantee.
• 6.It shall not be necessary, and the Insurance Company hereby waives any necessity, for the P urchaser to proceed against the Contractor before presenting to the Insurance Company its demand under this Guarantee.
• 7.AND WE, ____________________________________________ ( the Insurance Company ) do hereby f urther agree that our liability herein under shall not be discharged by virtue of any agreemen t between the Purchase and the Contractor whether with or without our knowledge and/or co nsent and shall remain in full force and effect during the period that would be taken for the p erformance of the said agreement or by reason of the Purchaser showing any indulgence or f orbearance to the Contractor whether as to payment, time for performance, or any other ma tter whatsoever relating to the contract, which but for this provision, would amount to discha rge of the surety under the law.
• 8.Notwithstanding anything contained herein before, the liability of the insurance Company un der this Guarantee is restricted to the Guarantee Amount and this Guarantee will remain in f orce for the period specified in paragraph 9 and unless a demand or claim in writing is made by the Purchaser on the Insurance Company under this Guarantee, all rights of the Purchaser under this Insurance Surety Bond shall be forfeited and the Insurance Company shall be relie ved from its liabilities hereunder.
• 9.The Insurance Surety Bond shall cease to be in force and effect on _________________ Unless a demand or claim under this Guarantee is made in writing on or before the aforesaid date, the Insurance Company shall be discharged from its liabilities hereunder.
• 10.The Insurance Company undertakes not to revoke this Guarantee during its currency, excep t with the previous express consent of the Purchaser in writing, and deciares and warrants th at it has the power to issue this Guarantee and the undersigned has full powers to do so on b ehalf of the Insurance Company.
• 11.Any notice by way of request, demand or otherwise hereunder shall be sent by Courier/post/ email addressed to the Insurance Company at its above referred branch, which shall be dee med to have been duly authorized to receive such notice and to effect payment thereof forth with, and if sent by post it shall be deemed to have been given at that time when it ought to have been delivered in due course of post and in proving such notice, when given by post, it shall be sufficient to prove that the envelope containing the notice was posted and a certifica te signed by an officer of the Purchaser that the envelope was so posted shall be conclusive.
• 12.Notwithstanding anything contrary contained in any law for the time being in force or Insura nce Industry practice, this guarantee shall not be assignable or transferable by the beneficia ry. Notice or invocation by any person such as assignee, transferee or agent of beneficiary s hall not be entertained by the Insurance Company. Any invocation of the guarantee can be made only by the beneficiary directly.
• 13.This Insurance Surety Bond shall come into force with immediate effect and shall remain in f orce and effect up to ____________________ or until it is released earlier by the Purchaser pursu ant to the provisions of the Contract. Signed and sealed this day of _________, 20 _______at___________ SIGNED, SEALED AND DELIVERED For and on behalf of Insurance Company by:

(Signature)

(Name)

• (Designation)(Code Number)

(Address)

• (Email)Notes:
• (i)The Insurance Surety Band should contain the name, designation and code number of the officer(s) signing the Insurance Surety Bond.
• (ii)The Address, telephone number, email ID and other detail of the head of the Insurance Co mpany as well as Issuing branch should be mentioned on the covering letter of issuing bran ch.
• 20.When GST is claimed by the seller/ supplier in general, the certificate as per Annexure F should be sub mitted to the paying authority with their invoices as per format given below: ANNEXURE – F GeM contract No.: GEMC________________ Invoice No. & Date_______________ Declaration Form for GST The Supplier/Contractors while submitting their bill to the Paying Authority shall furnish the following certificates: Certified that: (Please Tick all appropriate options)
• (a)Additional Input Tax Credit under GST availed against invoices submitted here under is Rs. ________________.
• (b)Certified that the goods and services on which GST has been charged are not exem pted under the GST Act or the rules made there under and the amount charged on acc ount of GST on these goods and services are not more than what is payable under the relevant act or the rules there under.
• (c)Certified that we have taken into account all input tax credits available under GST a nd have not loaded the same in the basic price while furnishing their bids.
• (d)Certified that in respect of amount of taxes claimed in the bill no claim is pending fo r refund/or is admissible for refund from any other agency and /or no other tax credit i s available in respect of the same. In the event of getting refund in whole or in part of the element of GST claimed from Government, the same shall be passed on the benefi t to the Purchaser by remitting the amount equivalent to the amount of refund obtain ed.
• (e)Certified that the GST charged herein the invoices has been/ shall be deposited with in the due date and the Invoice details have been / shall be populated in GSTR1/ANX- 1 of the GSTN portal facilitating Input Tax Credit to the Purchaser.
• (f)Certified that we have complied with the Anti-profiteering measure provisions under CGST/ SGST/UTGST Acts and passed on commensurate reduction of price to the purch aser.
• (g)Certified that a quarterly statement shall be submitted to NPCIL confirming the pay ment of GST invoiced on NPCIL along with copy of GST paid Challan.
• (h)Certified that in case of any change in the Invoice which has been accepted by the P urchaser in the IMS portal, the corresponding amendment in the Original Invoice shall be made by the Supplier/Contractor, by raising Debit note/Credit note or any other do cument, as applicable, within the timelines stipulated under the GST Act. Declaration Form for TDS The Supplier/Contractors while submitting their bill to the Paying Authority shall furnish the following certificates: Certified that: (Please Tick all appropriate boxes):
• (a)Whether Provisions of Section 194Q are applicable (For Supply of Goods): YES/NO
• (b)We have filed the return of income for both the financial years (F.Y._____ & F.Y.______ ) preceding the year in which tax is liable to be deducted within the prescribed time li mit and hence, confirm that applicable rate of TDS is at Normal Rate (0.1% as on date )
• (c)We have linked the PAN to Aadhar and the PAN is not inoperative (applicable in case of Individuals) Incomplete information against point (a), (b) & (c) above under Declaration form for TD S, shall be subject to deduction of tax at higher rate as applicable (5% as on date) Declaration Form for Status of the Company The Supplier/Contractors while submitting their bill to the Paying Authority shall furnish the following certificates: Certified that: (Please Tick all appropriate boxes):
• (a)Whether Supplier is Company/LLP: YES/NO
• (b)Whether Company/LLP is declared as Strike Off Company/LLP in FY: Yes/NO We have attached necessary documents downloaded from Ministry of Corporate Affair s Signature of Contractor or their Authorised Representative with company seal.
• 21.Banning of Business by NPCIL/BUYER 1.0 Banning of business dealings by NPCIL/Buyer NPCIL reserves the right to initiate Banning as per NPCIL’s Banning of business deal ings as mentioned below and are independent of actions under GeM’s IM (Incident Management) Policy. The words banning, blacklisting, de-registered, debarred, holiday, suspension of bu siness etc., means the same. The words NPCIL, Corporation, Buyer etc., means the same. The words Contractor, Bidder, Seller, Seller, Service Provider etc., means the same. 1.1 Grounds for Banning The business dealing with the Contractor/Bidder/Seller/Service Provider shall be lia ble for banning, on account of the reasons attributable to them, which shall includ e, but not limited to the following: 1.1.1. Involvement in cartel formation during bidding. 1.1.2. Baseless allegations by the bidder on NPCIL/Corporation/Buyer evaluation proce sses or officials. 1.1.3. If any of the owner, proprietor or partner of the Contractor, is convicted by a cou rt of law, during bidding process or currency of the contract, for offences involving corrupt and fraudulent practices including misrepresentation of the facts, moral tur pitude in relation to its business dealings with NPCIL. 1.1.4. Malafide / unlawful acts / malpractices or improper conduct on part of Contracto r based on the approved findings of the Investigation Agency. 1.1.5. If the Contractor misuses the premises or facilities of the NPCIL forcefully occupi es, tampers or damages the Company’s properties etc. or fails to vacate the proper ties/land/complex within reasonable time limit as specified or even after receiving t he notices from the department. 1.1.6. Security concerns for the assets of the Corporation and State. 1.1.7. Submission of bids that contain false information or falsified documents or the c oncealment of such information in the bids in order to influence the outcome of elig ibility screening or / at any other stage of the public bidding and execution. 1.1.8. Withdrawal of a bid or refusal to accept an award of contract with the NPCIL wit hout justifiable cause, after being adjudged as the successful bidder. 1.1.9. Supply of Counterfeit Items Breach of Code of Integrity. 1.1.10. Bidder shall not act in contravention of the codes which includes 1.1.10.1 Prohibition of
• a.Making offer, solicitation or acceptance of bribe, reward or gift or any material benefit, either directly or indirectly, in exchange for an unfair advantage in the procurement process or to otherwise influence the procurement process.
• b.Any omission or misrepresentation that may mislead or attempt to mislead so t hat financial or other benefit may be obtained or an obligation avoided.
• c.Any conclusion, bid rigging or anticompetitive behavior that may impair the tran sparency, fairness and the progress of the procurement process.
• d.Improper use of information provided by the procuring entity to the bidder with an intent to gain unfair advantage in the procurement process or for personal g ain.
• e.Any financial or business transactions between the bidder and any official of the procuring entity related to tender or execution process of contract; which can af fect the decision of the procuring entity directly or indirectly.
• f.Any coercion or any threat to impair or harm, directly or indirectly, any party or i ts property to influence the procurement process.
• g.Obstruction of any investigation or auditing of a procurement process.
• h.Making false declaration or providing false information for participation in tende r process or to secure a contract; 1.1.10.2 Disclosure of conflict of interest 1.1.10.3 Disclosure by the bidder of any previous transgression made in respect of the pr ovisions of above 1.1.10.1 with any entity in any country during the last three yea rs or of being debarred/ banned by any other procuring entity. 1.2 Show Cause Notice 1.2.1. NPCIL will issue Show Cause Notice to the Contractor on noticing/receipt of a complaint of any irregularities and /or misconduct and /or unethical practice as men tioned in clause no. 1.1. 1.2.2. Upon receipt of Show cause notice, the Contractor is required to submit the reply to Show Cause Notice within 30 days of its receipt and no extension shall be g iven without justifiable reasons. The Contractor shall also be given an opportunity f or oral hearing to present the case in person to NPCIL and the date of Oral Hearing will be indicated in the Show Cause Notice. Only the regular employees of Contract or will be permitted to represent the Contractor during the Oral hearing, and no out sider shall be allowed to represent the Contractor on their behalf. 1.3 Period of Banning The period of banning shall be for a period of not exceeding 2 (two) years and not le ss than 6 (six) months as considered appropriate by NPCIL. 1.4 Effect of Banning of Business Dealings by NPCIL In case NPCIL has banned the business dealing with the bidder/contractor, the follo wing shall be the consequences on issuance of the order of banning of business de alings with the bidder/contractor: 1.4.1 No Contract of any kind whatsoever shall be placed to such banned firms includi ng its allied firms after the issue of Banning Order by NPCIL. The Contractor includi ng their allied firms shall not be allowed to participate in any tender enquiry till co mpletion of Banning period. If the Contractor has already participated in tender pro cess and the price bids are not opened, his techno-commercial bid will be rejected and price bid will be kept unopened. In cases, where the price bids of Contractor h ave been opened prior to the order of banning, such bids shall be rejected. Howeve r, in case such banned Contractor is Lowest (L1), next lowest firm shall be consider ed as L1. Bid Security, if any, submitted by such banned Contractors shall be retur ned to the bidder. 1.4.2 Contractors shall not be permitted to participate in any business process in any form or entity i.e., as an Associate/Collaborator/Joint Venture Partner/Consortium P artner of the Main Contractor even if the banning order is passed subsequent to op ening of Part-I bids. 1.4.3 Contractor shall not be allowed to participate as Sub-Vendor/sub-contractor in t he tenders for contracts for works, service, supplies. 1.4.4 Even if, the banned Contractor is an approved Sub-vendor under any Contract fo r such equipment/component/service, the Main Contractor shall not be permitted to place Work order/Purchase order/Service Contract on the banned Contractor as a s ub-vendor after the date of banning even though the name of the party has been a pproved as a sub-vendor prior to the order of banning. 1.4.5 The completion certificate issued to the contractor shall make a mention regardi ng banning during execution of the contract. 1.4.6 Banned bidders shall not be permitted to submit their bid. The bid submitted by the banned bidder shall be summarily rejected. 1.4.7 Contracts concluded before the issue of the banning order shall, not be affected by the banning order. 1.4.8 Banning shall automatically be extended to all Allied firms of the Contractor. In case of Joint venture/ Consortium is banned all partners will also stand debarred for the period specified in the Banning Order. The names of all partners should be clea rly specified in the “Banning order”. 1.4.9 Banning in any manner does not impact any other contractual or other legal righ ts of NPCIL. 1.4.10 Banning under the provisions of Banning of Business Dealings of NPCIL is applica ble only for NPCIL. 1.5 Definition of Allied Firm: Allied Firm means all concerns which come within the sphere of effective influence of the banned firm. In determining this, the following factors shall be taken into co nsideration:
• a.Whether the management is common;
• b.Majority interest in the management is held by the partners or directors of ban ned/
• c.suspended firm;
• d.Substantial or majority shares are owned by the banned/ suspended firm and b y virtue
• e.of this it has a controlling voice;
• f.Directly or indirectly controls, or is controlled by or is under common control w ith another bidder;
• g.All successor firms will also be considered allied firms.
• 22.This is the case of procurement of Proprietary/specific make/brand from single source, initiated w ith approval of competent authority as per Rule 166 of GFR 2017. Accordingly, Sr no.5 of “