Diaphragm Valve, Size: 25 Mm NB, Diaphragm Valve Size: 50 Mm NB, Diaphragm Valve Size: 80 Mm NB, Thrust Bearing For Diaphragm Valve Size: 80 Mm NB

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 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.

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 %.

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.

Without prejudice to Buyer’s right to price adjustment by way of discount or any other right or remedy available to Buyer, Buyer may terminate the Contract or any part thereof by a written notice to the Seller, if:

• i)The Seller fails to comply with any material term of the Contract. ii) The Seller informs Buyer of its inability to deliver the Material(s) or any part thereof within the stipulated Delivery Period or such inability otherwise becomes apparent. iii) The Seller fails to deliver the Material(s) or any part thereof within the stipulated Delivery Period and/or to replace/rectify any rejected or defective Material(s) promptly. iv) The Seller becomes bankrupt or goes into liquidation.
• v)The Seller makes a general assignment for the benefit of creditors. vi) A receiver is appointed for any substantial property owned by the Seller. vii) The Seller has misrepresented to Buyer, acting on which misrepresentation Buyer has placed the Purchase Order on the Seller.

• 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.

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

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

• 1.Qualification Requirements: Sr. No . Description Documentary Evidence / Proo f of Compliance to Criteria
• 1.BIDDER SHOULD BE ORIGINAL EQUIPMENT MANUFACTURER M/s. BDK VALVE PRIVATE LIMITED. OR OEM AUTHORIZED DEALER / DISTRIBUTOR Authorization letter issued b y OEM with current validity t o be uploaded to ascertain th e same 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 / Distribut orship / Agency and or OEM authorization till the execution of the complete scope und er 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 expe nses and associated 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 added specific ATC)
• A.In case of two-part tenders, the Bidder shall take special care not to mix up any pr ice details required to be submitted against Part-II (Price bid) with Part-I (Technical & Commercial bid except price) and vice versa. Any violation of the above shall le ad to summarily rejection 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, the 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 B id Break-up/SOQR” shall lead to rejection of such bids. However, in case No/Nil rat e is quoted against some of the item(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/S OQR” format is not acceptable unless authorized by Buyer and accordingly, bids w ith any unauthorized addition/deletion/modification in the prescribed “Price Bid Br eak-up/SOQR” format 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 Place ment:
• 1.For Price Bid Evaluation as per price evaluation criteria as well as for award of contrac t, “Total Price” quoted by Bidder in GeM Portal shall only be considered. The same “Tot al Price” shall only be considered for other purposes (i.e., negotiation, price matching i n case of MSE/MII purchase preference/Bid splitting, Financial score in case of QCBS te nders, Reverse Auction (RA) etc). However, the “Price Bid Break-up/SOQR” submitted in GeM Portal or “Price Bid Break-u p/SOQR” arrived at as per calculations mentioned in below clauses, as the case may b e, 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 Break-up/SOQR”, the quantity multiplied by the quoted rates shall gov ern 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 price of all items of the “Price Bid Break-up/SOQR”, the “Total Price” qu oted by Bidder in GeM Portal only shall be considered. The prices of all the item s of the “Price Bid Break-up/SOQR” mentioned by the Bidder in the submitted d ocument in GeM Portal, will stand adjusted accordingly in proportion to the wei ghted average of item-wise amount.
• 5.Bidder get option to submit Revised “Price Bid Break-up/SOQR” during Negotiation or Reverse Auction (RA). While submitting the Revised “Price Bid Break-up/SOQR”, the Bi dder should not increase price of any item(s) from the originally submitted (i.e., upload ed at time of Bid submission) “Price Bid Break-up/SOQR”. In case, during negotiation p rice is increased for any item(s) by the bidder, the same shall not be accepted and will be dealt as stipulated in point 4 above.
• 6.In case of price matching scenario during MSE/MII Purchase Preference/ Bid splitting, t he originally submitted price of each of the items of the “Price Bid Break-up/SOQR” wil l stand corrected by a uniform percentage. This uniform percentage shall be equal to t he percentage difference between the originally quoted “Total Price” and the “Total M atched Price” 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 t he purposes of interpretation, the priority of documents shall be in accordance with the following s equence:
• 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 contr act.
• 5.Delivery Schedule: Contractual Date of Delivery (Delivery Schedule) mentioned in Bid Document, shall be the e ssence of the Contract.
• 6.Liquidated Damages: Liquidated Damages as stipulated under clause no. 15 (iii) of GeM GTC shall not be applicable for t he contract awarded against this Bid.
• 7.BIDDER’S COMPLIANCE CHECKLIST NOTE: Bidder shall note the following points during the time of bid submission Sr. N
• o.Description
• 1.BIDDER MUST COMPLY TO SUBMIT “INTERCHANGEABILITY CERTIFICATE” ALONG WI TH MATERIAL DURING THE TIME OF MATERIAL SUPPLY.
• 2.DATE OF MANUFACTURING OR EXPIRY, SIZE AND QTY. SHALL BE CLEARLY INDICAT ED ON ELASTOMERS.
• 3.SUPPLIER MUST REPLACE THE ITEM/ITEMS AT FREE OF COST, IF FOUND DEFECTIVE AND NOT MEETING TECHNICAL SPECIATION AFTER RECEIPT OF THE ITEM/ITEMS AT KAPS-3&4 SITE.
• 8.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 B uyer at Seller’s risk. ii. Seller shall ensure that the consignment(s) shall be properly packed as per the Industry standards of respective categories of products to avoid damage during transportation a nd 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 relevant documents (like GeM Contract Details) and information of Transport er / Courier / Seller Representative (if applicable) / Driver (Ex. Aadhar Details, Driving Lic ense, etc.) and vehicle (Ex. RC, PUC, Vehicle Fitness, etc) carrying the consignment. iv. Sellers Representatives / Vehicle entry permit at Consignee location is subject to securit y clearance from Central Industrial Security Force (CISF) after verification of valid Identit y Proof (Ex. Aadhar Details, Driving License, etc.) and all other relevant valid documents of the vehicle (Ex. RC, PUC, Vehicle Fitness, etc) carrying the consignment.
• v.Buyer will put best efforts to unload the consignment with advance intimation and repor t preferably on or before 14:00 Hrs at NPCIL, KAPS Main Gate on any working days exclu ding Sundays, second Saturdays and Public holidays. vi. Only consignment(s) pertaining to NPCIL, Kakrapar shall be permitted inside the plant pr emises. vii. Seller shall be responsible for Compliance to e-Way Bill in line with e-way bill provision u nder GST Act viii. Seller has to ensure Delivery of Consignment within CDD / Re-fixed CDD /Extended CDD of the Contract. Acceptance of Consignment delivered beyond Contractual Delivery Schedule and Liquidated Damages Period shall be on sole discretion of Buyer based on r equirement at Buyer’s end.
• 9.Submission of Documents to consignee and Paying authority
• a.Seller shall ensure submission of following documents to the Consignee along with th e supply for the timely processing of Provisional Receipt Certificate (PRC) on GeM porta

l.

• i.Delivery challan / Copy of Original invoice clearly marked for ‘Bill to’ and ‘Shipped t o’ ii. Packing list clearly correlating items with specific details (like Equipment no., Batch no., Part no., Heat no. etc.) in documents iii. Certificate of Originality issued by OEM, such as GST Invoice, etc Seller shall ensure to upload “Proof of Delivery” duly Signed and Stamped / Sealed by Consignee on GeM portal within valid delivery period of the contract for timely processing of PRC. Seller shall be solely responsible 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 aft er 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, Seller shall be solely responsible for the delay in release of payment due to delayed submi ssion of mandatory documents to Paying Authority of Buyer.
• 10.In the event of “Dis-qualification” of Bid on account of non-compliance to bid conditions an d non-submission of necessary documents against the Bid requirement and/or during the cl arification on GeM Portal; The Clarifications/Documents submitted during the representation time shall not be considered for evaluation.
• 11.Representation/clarification in bid document:
• a.Representation window is available on GeM portal for all bidders during the Bidding per iod. Bidder(s) shall use available window for any "Bid representation" or "Bid clarificati on" for appropriate response from buyer on GeM portal only. Bid clarification or represe ntation raised through any other media shall be treated unsolicited. Buyer shall not be r esponsible for addressing the clarification/representation asked by the bidder/s through any other mode outside GeM.
• 12.MSE Purchase Preference & benefits: Purchase preference will be given to MSEs as defined in Public Procurement Policy for Micro and S mall Enterprises (MSEs) Order, 2012 dated 23.03.2012 issued by Ministry of Micro, Small and Medi um Enterprises and its subsequent Orders/Notifications issued by concerned Ministry. Only Manuf acturers quoting for goods/products manufactured by them shall be eligible for availing benefits u nder 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 p ay requisite EMD in case stipulated in the bid document. 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 Udyam Registration. With effect from 01.07.2020, MSEs reg istered under Udyam Registration are eligible to avail the benefits under the Policy. All the MSEs interested in availing benefits must upload the following, failing which, such M SEs shall not be 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.
• 13.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 Damage 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 provi sions under Section 17(a) of Civil Liability for Nuclear Damage Act, 2010, with following li mitations, as stipulated in Rule 24 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 A ERB or the product liability period, whichever is longer. b.The term “supplier” and the duration and extent of supplier’s liability are explained in Rul e 24 of the Civil Liability for Nuclear Damage (CLND) Rules, 2011. For any questions relati ng to supplier’s liability under section 17 of the Civil Liability for Nuclear Damage (CLND) Act, 2010, Government of India’s clarifications dated February 08, 2015 may be referred t
• o.These have been posted at the websites of Ministry of External Affairs and the Depart ment 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 w hich are operating or are under construction or those to be installed in future for whi ch NPCIL is the system designer and technology owner, being responsible for safety d esign of such installations, NPCIL shall assume the role of supplier in accordance with the explanation of the term “supplier” given in Rule 24 of the CLND Rules, 2011 and in the co ntext of section 17(a) and (b) of the CLND Act, 2010. d.Other suppliers can avail the Nuclear Suppliers’ Special Contingency (Against Right of Rec ourse) Insurance Policy provided by the India Nuclear Insurance Pool to cover any liability exposure under section 17(a) and (b) of the CLND Act, 2010. NPCIL maintains the operator’s statutory insurance under the CLND Act, 2010 by subscribing to the Nuclear Op erator’s Liability Policy offered by the India Nuclear Insurance pool, thereby subrogating t o the India Nuclear Insurance pool the operator’s “right of recourse” against suppliers und er 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 Righ t to Recourse, the 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 specifi ed, is valid for a period of five years from the date of its issue by AERB.
• f.Right of Recourse under Civil Liability for Nuclear Damages Act 2010 & Rule 201 1 thereof Note: Since requirement is for PHWR, NPCIL is the system designer and techn ology owner, being responsible for safety design of such installations in the this tender, N PCIL shall assume the role of Supplier in accordance with the explanation of term “Supplie r” given in Rule 24 of the CLND Rules, 2011 and in the context of section 17(a) and (b) of the CLND Act, 2010.
• 14.When GST is claimed by the seller/ supplier in general, the certificate as per Annexure F sh ould be submitted 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 h ere under is Rs. ________________.
• (b)Certified that the goods and services on which GST has been charged are not e xempted under the GST Act or the rules made there under and the amount char ged on account of GST on these goods and services are not more than what is p ayable under the relevant act or the rules there under.
• (c)Certified that we have taken into account all input tax credits available under GST and 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 pendi ng for refund/or is admissible for refund from any other agency and /or no other tax credit is available in respect of the same. In the event of getting refu nd in whole or in part of the element of GST claimed from Government, the sa me shall be passed on the benefit to the Purchaser by remitting the amount eq uivalent to the amount of refund obtained.
• (e)Certified that the GST charged herein the invoices has been/ shall be deposited within the due date and the Invoice details have been / shall be populated in GS TR1/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 purchaser.
• (g)Certified that a quarterly statement shall be submitted to NPCIL confirming the payment 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 Purchaser in the IMS portal, the corresponding amendment in the Original In voice shall be made by the Supplier/Contractor, by raising Debit note/Credit not e or any other document, as applicable, within the timelines stipulated under th e 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 presc ribed time limit and hence, confirm that applicable rate of TDS is at Normal Rat e (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 TDS, shall be subject to deduction of tax at higher rate as applicable (5% as o n 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 Corporat e Affairs Signature of Contractor or their Authorised Representative with company seal.
• 15.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 busine ss dealings as mentioned below and are independent of actions under GeM’s IM (Incident Management) Policy. The words banning, blacklisting, de-registered, debarred, holiday, suspensio n of business 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 liable for banning, on account of the reasons attributable to them, which shall include, 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 p rocesses or officials. 1.1.3. If any of the owner, proprietor or partner of the Contractor, is convicted by a court of law, during bidding process or currency of the contract, for offence s involving corrupt and fraudulent practices including misrepresentation of t he facts, moral turpitude in relation to its business dealings with NPCIL. 1.1.4. Malafide / unlawful acts / malpractices or improper conduct on part of Contr actor based on the approved findings of the Investigation Agency. 1.1.5. If the Contractor misuses the premises or facilities of the NPCIL forcefully oc cupies, tampers or damages the Company’s properties etc. or fails to vacate the properties/land/complex within reasonable time limit as specified or even after receiving the 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 t he concealment of such information in the bids in order to influence the outc ome of eligibility 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 NPCI L without 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 ma terial benefit, either directly or indirectly, in exchange for an unfair advan tage in the procurement process or to otherwise influence the procurement process.
• b.Any omission or misrepresentation that may mislead or attempt to mislea d so that financial or other benefit may be obtained or an obligation avoid ed.
• c.Any conclusion, bid rigging or anticompetitive behavior that may impair t he transparency, fairness and the progress of the procurement process.
• d.Improper use of information provided by the procuring entity to the bidde r with an intent to gain unfair advantage in the procurement process or for personal gain.
• 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 affect the decision of the procuring entity directly or indirectly.
• f.Any coercion or any threat to impair or harm, directly or indirectly, any pa rty or its 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 tender 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 provisions of above 1.1.10.1 with any entity in any country during the la st three years 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/recei pt of a complaint of any irregularities and /or misconduct and /or unethical pr actice as mentioned in clause no. 1.1. 1.2.2. Upon receipt of Show cause notice, the Contractor is required to subm it the reply to Show Cause Notice within 30 days of its receipt and no extensi on shall be given without justifiable reasons. The Contractor shall also be give n an opportunity for oral hearing to present the case in person to NPCIL and t he date of Oral Hearing will be indicated in the Show Cause Notice. Only the r egular employees of Contractor will be permitted to represent the Contractor during the Oral hearing, and no outsider shall be allowed to represent the Co ntractor on their behalf. 1.3 Period of Banning The period of banning shall be for a period of not exceeding 2 (two) years an d not less 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, th e following shall be the consequences on issuance of the order of banning of business dealings with the bidder/contractor: 1.4.1 No Contract of any kind whatsoever shall be placed to such banned firms in cluding its allied firms after the issue of Banning Order by NPCIL. The Contractor including their allied firms shall not be allowed to participate in an y tender enquiry till completion of Banning period. If the Contractor has alrea dy participated in tender process and the price bids are not opened, his tech no-commercial bid will be rejected and price bid will be kept unopened. In ca ses, where the price bids of Contractor have been opened prior to the order of banning, such bids shall be rejected. However, in case such banned Contr actor is Lowest (L1), next lowest firm shall be considered as L1. Bid Security, if any, submitted by such banned Contractors shall be returned 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/Co nsortium Partner of the Main Contractor even if the banning order is passed subsequent to opening of Part-I bids. 1.4.3 Contractor shall not be allowed to participate as Sub-Vendor/sub-contractor in the tenders for contracts for works, service, supplies. 1.4.4 Even if, the banned Contractor is an approved Sub-vendor under any Contract for such equipment/component/service, the Main Contractor shall n ot be permitted to place Work order/Purchase order/Service Contract on the banned Contractor as a sub-vendor after the date of banning even though th e name of the party has been approved as a sub-vendor prior to the order of banning. 1.4.5 The completion certificate issued to the contractor shall make a mention re garding banning during execution of the contract. 1.4.6 Banned bidders shall not be permitted to submit their bid. The bid submitte d by the banned bidder shall be summarily rejected. 1.4.7 Contracts concluded before the issue of the banning order shall, not be affe cted 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 de barred for the period specified in the Banning Order. The names of all partne rs should be clearly specified in the “Banning order”. 1.4.9 Banning in any manner does not impact any other contractual or other lega l rights of NPCIL. 1.4.10 Banning under the provisions of Banning of Business Dealings of NPCIL is a pplicable only for NPCIL. 1.5 Definition of Allied Firm: Allied Firm means all concerns which come within the sphere of effective infl uence of the banned firm. In determining this, the following factors shall be t aken into consideration:
• a.Whether the management is common;
• b.Majority interest in the management is held by the partners or directors o f banned/
• c.suspended firm;
• d.Substantial or majority shares are owned by the banned/ suspended firm and by virtue
• e.of this it has a controlling voice;
• f.Directly or indirectly controls, or is controlled by or is under common cont rol with another bidder;
• g.All successor firms will also be considered allied firms.
• 16.This is the case of procurement of Proprietary/specific make/brand from single source, initiated with approval of competent authority as per Rule 166 of GFR 2017. Accordingl y, Sr no.5 of “