PURCHASE OF BOXING RING EQUIPMENT, ELECTRONIC SCORE SYSTEM WITH ALL ALLIED ACCESSORIES

Buyer Added text based ATC clauses ATC

• 1.Actual delivery (and Installation & Commissioning (if covered in scope of supply)) is to be done at foll owing address HQ 6 (I) Armd Bde, Surathgarh Military Station, Suratgarh, Rajasthan-335805.
• 2.Bidder financial standing: The bidder should not be under liquidation, court receivership or similar proceedings, should not be bankrupt. Bidder to upload undertaking to this effect with bid.
• 3.Bidders shall quote only those products (Part of Service delivery) in the bid which are not obsolete in t he market and has at least 5 years residual market life i.e. the offered product shall not be declared end- oflife by the OEM before this period.
• 4.Data Sheet of the product(s) offered in the bid, are to be uploaded along with the bid documents. Bu yers can match and verify the Data Sheet with the product specifications offered. In case of any unexplain ed mismatch of technical parameters, the bid is liable for rejection.
• 5.Experience Criteria: The Bidder or its OEM {themselves or through reseller(s)} should have regularl y, manufactured and supplied same or similar Category Products to any Central / State Govt Organization / PSU / Public Listed Company for 3 years before the bid opening date. Copies of relevant contracts to be su bmitted along with bid in support of having supplied some quantity during each of the year. In case of bunc h bids, the primary product having highest value should meet this criterion.
• 6.Installation, Commissioning, Testing, Configuration, Training (if any - which ever is applicable as per scope of supply) is to be carried out by OEM / OEM Certified resource or OEM authorised Reseller.
• 7.Requirement of certificates. Following certificates will be provided by Bidder:-
• a.The bidder is required to upload, along with the bid, all relevant certificates such as BIS licence, ty pe test certificate, approval certificates and other certificates as prescribed in the Product Specification giv en in the bid document. Bidder's offer is liable to be rejected if they don't upload any of the certificates / d ocuments sought in the Bid document, ATC and Corrigendum if any.
• b.OEM IMPORTED PRODUCTS. In case of imported products, OEM or Authorized Seller of OEM sho uld have a registered office in India to provide after sales service support in India. The certificate to this eff ect should be submitted.
• c.Service & Support Escalation Matrix For Service Support. Bidder/OEM must provide Escalati on Matrix of Name, Designation, Telephone Numbers & E-mail for Service Support.
• 8.Caution for Submission of Certificates and Undertakings : All certificates and undertakings req uired as part of the bid must be presented on the standard letterhead of the OEM or Bidder, as applicable. Each document must include the following:
• a.The Bid Number to which the document pertains.
• b.The Date of Signing of the document, which should be after the date of publication of the bid where ver applicable. In such cases, documents with older dates may not be accepted in the bid.
• c.Clear identification of the Document Signatory, including their Name, Designation within the compa ny, a Valid Official Email, and a Mobile Number where possible.
• d.The Company Stamp of the Bidder's company, OEM, or their authorized representative.
• e.Failure to comply with these requirements may result in the rejection of the bid.
• 9.Product Specifications and Brand Disclosure. The bidder must clearly disclose the brand and ex act make/model of the product being offered, along with an unambiguous data sheet that specifies the exa ct variant of the product model. Any ambiguity or lack of clarity in the brand, model, or data sheet may res ult in the bid's rejection. Compliance with these requirements is mandatory, and failure to do so will render the bid non-compliant and subject to rejection by the procuring authority.
• 10.Fall clause. The following Fall clause is applicable:-
• a.The price charged by the Seller for the services for / in / from / to a particular Station under the con tract shall in no event exceed the lowest prices at which the Seller sells the services or offers to sell servic es of identical description to any persons/Organization including the purchaser or any department of the C entral or State Government or any statutory undertaking of the Central or State Government as the case m ay be, during the currency of the contract.
• b.If at any time, during the said period the Seller sells or offers the services to any persons/ Organiza tion as mentioned above, at a price lower than the price chargeable under this contract, then he shall notif y such reduction or sale or offer of sale to the Buyer immediately and the price payable under this contrac t for such services shall stand correspondingly reduced.
• 11.Conflict Clause. In case of a conflict between the relevant clauses of General Terms & Conditions o f GeM, the concerned clause in this document (buyer added Additional Terms & Conditions) will supersede all other clauses
• 12.Without prejudice to Buyer’s right to price adjustment by way of discount or any other right or reme dy available to Buyer, Buyer may terminate the Contract or any part thereof by a written notice to the Sell er, if:
• (a)The Seller fails to comply with any material term of the Contract.
• (b)The Seller informs Buyer of its inability to deliver the Material(s) or any part thereof within the s tipulated Delivery Period or such inability otherwise becomes apparent.
• (c)The Seller fails to deliver the Material(s) or any part thereof within the stipulated Delivery Perio d and/or to replace/rectify any rejected or defective Material(s) promptly.
• (d)The Seller becomes bankrupt or goes into liquidation.
• (e)The Seller makes a general assignment for the benefit of creditors.
• (f)A receiver is appointed for any substantial property owned by the Seller.
• (g)The Seller has misrepresented to Buyer, acting on which misrepresentation Buyer has placed t he Purchase Order on the Seller.
• 13.Bidder Turn Over Criteria: The minimum average annual financial turnover of the bidder during th e last three years, ending on 31st March of the previous financial year, should be as indicated in the bid do cument. Documentary evidence in the form of certified Audited Balance Sheets of relevant periods or a cer tificate from the Chartered Accountant / Cost Accountant indicating the turnover details for the relevant pe riod shall be uploaded with the bid. In case the date of constitution / incorporation of the bidder is less than 3 year old, the average turnover in respect of the completed financial years after the date of constitution s hall be taken into account for this criteria.
• 14.OEM Turn Over Criteria: The minimum average annual financial turnover of the OEM of the offere d product during the last three years, ending on 31st March of the previous financial year, should be as ind icated in the bid document. Documentary evidence in the form of certified Audited Balance Sheets of relev ant periods or a certificate from the Chartered Accountant / Cost Accountant indicating the turnover details for the relevant period shall be uploaded with the bid. In case the date of constitution / incorporation of the OEM is less than 3 year old, the average turnover in respect of the completed financial years after the date of constitution shall be taken into account for this criteria. In case of bunch bids, the OEM of CATEGORY RE LATED TO primary product having highest bid value should meet this criterion.
• 15.Service & Support Availability of Service Centres: Bidder/OEM must have a Functional Service Centre in the city of each Consignee's Location in case of carry-in warranty. (Not applicable in case of good s having on-site warranty). If service center is not already there at the time of bidding, successful bidder / OEM shall have to establish one within 30 days of award of contract. Payment shall be released only after s ubmission of documentary evidence of having Functional Service Centre.
• 16.Service & Support Dedicated /toll Free Telephone No. for Service Support : BIDDER/OEM m ust have Dedicated/toll Free Telephone No. for Service Support.
• 17.Warranty period of the supplied products shall be 2 years from the date of final acceptance of go ods 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 t he guarantee period at buyer’s premise. Seller should have well established Installation, Commissioning, T raining, Troubleshooting and Maintenance Service group in INDIA for attending the after sales service. Det ails of Service Centres near consignee destinations are to be uploaded along with the bid.
• 18.Warranty Timely Servicing / rectification of defects during warranty period: After having been notifie d of the defects / service requirement during warranty period, Seller has to complete the required Service / Rectification within 3 days time limit. If the Seller fails to complete service / rectification with defined tim e limit, a penalty of 0.5% of Unit Price of the product shall be charged as penalty for each week of delay fro m the seller. Seller can deposit the penalty with the Buyer directly else the Buyer shall have a right to reco ver all such penalty amount from the Performance Security (PBG).Cumulative Penalty cannot exceed more than 10% of the total contract value after which the Buyer shall have the right to get the service / rectificat ion done from alternate sources at the risk and cost of the Seller besides forfeiture of PBG. Seller shall be li able to re-imberse the cost of such service / rectification to the Buyer.
• 19.Only new and unused product/items will be considered for procurement. The specifications provided should meet or exceed the minimum requirements outlined by buyer. Any defects discovered within the w arranty period should be rectified or the product replaced promptly by the bidder at no additional cost to b uyer.
• 20.Acceptance of the Product will be subject to thorough inspection by HQ 6 (I) Armd Bde, and only pro ducts meeting the specified requirements will be accepted.
• 21.Termination: BUYER reserves the right to terminate the contract in whole or in part if the bidder fails to meet its obligations under the contract or breaches any of the terms and conditions therein.
• 22.Integrity of Documentation and Ethical Conduct: Bidders are obligated to ensure the authenticity an d accuracy of all submitted documents. Any bid found with counterfeit documents, unauthorized use of bra nd credentials, or invalid details will be rejected. The buyer may report such unethical conduct to alert and protect other buyers within the organization. Bidders must adhere to ethical business practices, and any vi olation may lead to rejection of the bid and potential legal action.
• 23.Vendor should confirm to the requirment of the scop of work/ SLA and ensure that the product/ servi ces to be delivered will be competible with the existing systems/procedures/process and requirment follow ed at this unit. For this, the vendor must carry out a physical survey to understand the requirment of the o rganisation before submitting the bid. This confirmation is to arrest the substandard product/ work during i mplementation statge. Only vendors complying to this will be considered for further stages of bidding and acceptance. Bidder has to submit a certificate on letterhead in this respect mentioning that “Mr (nameof b idder rep) of (Bidder firm) visited 6006 (I) Armd Wksp physically on (date) and met Mr (name of Unit Rep) a nd understood the requirment on ground. The offered products/ service is as per requirment of 6006 (I) Ar md Wksp and is compatible with existing procedures and products/system in place (if any)”. Bidder is free to add additional details. However, it will be ensure that certificate will have all valid details like bid numb er, date, stamp and details of signatory. Bid may be rejected if this certificate is not submitted or incorrect/ missing/ false details are produced in certificate.
• 24.Land Boarder Sharing Certificate. Vendor should submit the declaration certificate as per rule 1 44 (xi) of GFR 2017. Sample format attached with this bid documents .

Malicious Code Certificate: The seller should upload following certificate in the bid:-

• (a)This is to certify that the Hardware and the Software being offered, as part of the contract, does not contain Embedded Malicious code that would activate procedures to :-
• (i)Inhibit the desires and designed function of the equipment.
• (ii)Cause physical damage to the user or equipment during the exploitation.
• (iii)Tap information resident or transient in the equipment/network.
• (b)The firm will be considered to be in breach of the procurement contract, in case physical damage, loss of information or infringements related to copyright and Intellectual Property Right (IPRs) are caused due to activation of any such malicious code in embedded software.

Buyer uploaded ATC document Click here to view the file.