Procurement of spare parts for main engine of Medium Crafts

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.

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 %.

Bidders shall quote only those products (Part of Service delivery) in the bid which are not obsolete in the market and has at least 2 years residual market life i.e. the offered product shall not be declared end-of- life by the OEM before this period.

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.

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.

Manufacturer Authorization:Wherever Authorised Distributors/service providers are submitting the bid, Authorisation Form /Certificate with OEM/Original Service Provider details such as name, designation, address, e-mail Id and Phone No. required to be furnished along with the bid

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

IMPORTED PRODUCTS: In case of imported products, OEM or Authorized Seller of OEM should have a registered office in India to provide after sales service support in India. The certificate to this effect should be submitted.

Dedicated /toll Free Telephone No. for Service Support : BIDDER/OEM must have Dedicated/toll Free Telephone No. for Service Support.

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 can also submit the EMD with Account Payee Demand Draft in favour of COMMANDANT(WW) payable at SBI- BAGUIATI, CODE-01488, IFSC-SBIN0001488, Aswini Nagar, VIP Road, Baguiati, 24 PGS(N)-WB-700059 . Bidder has to upload scanned copy / proof of the DD along with bid and has to ensure delivery of hardcopy to the Buyer within 5 days of Bid End date / Bid Opening date.

Successful Bidder can submit the Performance Security in the form of Payment online through RTGS / internet banking also (besides PBG which is allowed as per GeM GTC). On-line payment shall be in Beneficiary name Commandant (WW) Account No. Account No.33474998242 IFSC Code IFSC Code-SBIN0001488 Bank Name Bank Name – STATE BANK OF INDIA Branch address Branch Address – SBI- BAGUIATI, CODE-01488, IFSC-SBIN0001488, Aswini Nagar, VIP Road, Baguiati, 24 P GS(N)-WB-700059 . Successful Bidder to indicate Contract number and name of Seller entity in the transaction details field at the time of on-line transfer. Bidder has to upload scanned copy / proof of the Online Payment Transfer in place of PBG within 15 days of award of contract.

Buyer Added text based ATC clauses Buyer Added text based ATC clauses 1) Delivery

• (a)Delivery of items at the site of consignee is the responsibility of supplier (including all transp ortation and other charges)
• (b)Buyer have right to rejection of BID at any stage without information. ADDITIONAL TERMS AND CONDITIONS (ATC)
• 1.Firms/dealers/suppliers deal with supplying of Spare Parts for Main Engine C32 Marine Engine (1600 HP CAT 32 ACERT, Caterpillar) of Medium Crafts are eligibl e to participated in above Bid.
• 2.Undertaking certificate for Cartel formation : Participated bidder is requir ed to submit the undertaking certificate with the bid documents for non -submis sion of bid through cartel formation as per Appendix-A
• 3.Bidder has to submit an undertaking that their firm has never submitted any fak e/forged/edited misleading documents in any of the government department in the last 02 years, and their documents have never been found –fake/ forged/edi ted/ misleading by any government department in the last 02 years. If the unde rtaking is found false/manipulative/misleading, the firm shall be blacklisted for 0 2 years from BSF as per Appendix-‘B’
• 4.Bidder has to give an undertaking on letter head that their firm has not defaulte d in the supply of any contract issued by any Government Department in last 2 years in any consignee. If the undertaking found false/manipulative/ misleading , the firm shall be blacklisted for 02 year from BSF. As per Appendix-‘C’.
• 5.Participated firms should submit a self-declaration that the bidder is not under watch list /banned /suspended / blacklisted by any Govt Department as per Ap pendix-‘D’
• 6.Bidder Financial Standing: The Bidder should not be under liquidation, court receivership or similar proceeding, should not be bankrupt. Bidder to upload un dertaking to this effect with bid as per Appendix-‘E’.
• 7.ATC: Participated firms should also submit certificate (along with bid document
• s)in their letter pad that “Firm has accepted all terms and conditions mentione d in the instant bid” (As per Appendix-‘F’).
• 8.The firm/bidders should submit the firm Pan Card, GST Registration Ce rtificate and Proprietor Aadhar Card with the bid documents
• 9.Disclaimers and rights of procuring entity: The issue of the bid document does not imply that the procuring entity is bound to select BIDs and it reserves the right without assigning any reaso n to :
• (a)Reject any or all of the bids; OR
• (b)Cancel the tender process: OR
• (c)Abandon the procurement of the Goods: OR
• (d)Issue another tender for identical or Similar Goods
• (e)Reserve the right to accept or reject bids with any all deviations
• 10.Liquidated Damages: In case the firm does not complete the supply w ithin the laid down agreed delivery period as per contract action will be taken a gainst the firm as per clause 9.3.8, 9.3.9 & 9.3.10 of manual for procurement of goods 2024, MOF.
• 11.Right to Rejection: Stores will be accepted after inspection and only if they a re found upto the standard specification. The decision of the BSF shall be final a s to the quantity of the stores and shall be binding upon the tenders and in case of any of the articles supplied not being found as per losses caused to supplies s hould be born by the supplier and ensured by the supplier that articles supplied should be best in quality and free from all defects. The rejected stores must be removed by the tenderer from the consignee’s premises within 15 days from th e date of intimation about rejection at the risk and cost of the tenderer. The in c harge stores concerned will take reasonable view of such materials but in no ca se shall be responsible for any loss short age damage that may occur to it while is in the premises of the consignee.
• 12.Common IP Address Bidders may please note that during evaluation of bids, GeM has option of captu ring and showing the IP addresses used by the Buyer and the Bidder(s)/Seller(s). The received Bids having matching/common/same IP addres s with either bidder(s)/Seller(s) or Buyer, shall be outright rejected & shall not b e considered for further evaluation.
• 13.Conflict of Interest “ The firms shall submit the declaration as per Appendix ‘G” along with the bid documents, failing which their bid shall be rej ected”
• 14.Past Performance: 30% with supplying of spares for Main Engine C32 Marin e Engine (1600 HP CAT 32 ACERT, Caterpillar) of Medium Crafts
• 15.Participated firms should submit Fall Clause as per Appendix- ‘H’, failing whic h their bid shall be rejected.”
• 16.Participated firm should also submit MSME Udhyam registration Certificate along with all supporting documents as applicable.
• 17.Bank details for depositing of EMD and ePBG by the bidder is as under: - Commandant (WW) SBI -BAGUIATI, CODE-01488 IFSC -SBIN0001488 Aswininagar,VIP Road,Baguiati 24 PGS (N)-WB-700059 Note: The format of Bank Guarantee is attached as Appendix-I
• 18.Bidder are advised to check the applicable GST on their own before quoting. Bu yer will not take any responsibility in this regard. GST reimbursement will be as per actuals or as per applicable rates (whichever is lower), subject to the maxi mum of quoted GST%.
• 19.Supplier shall ensure that the invoice is raised in the name of Consignee with G STIN consignee only. While generating invoice in GeM Portal, the seller must upl oad scanned copy of GST invoice and the screenshot for confirming payment of GST.
• 20.If the seller failed to supply the store within the specific period, then buyer sho uld have the right to take necessary /required action against the seller in accord ance with GST of GeM.
• 21.ISO Certificate – Not applicable being distributor/supplier of foreign origin.
• 22.Dedicated/toll free telephone No. for service support: Bidder/OEM must have de dicated mobile and land line phone number for service support.
• 23.MSE/Startups and all other exempted category – s hould submit Bid Secur ity Declaration Certificate along with the technical Bid documents failing which t heir offers shall be rejected at initial stage and that no representation shall be e ntertained. Note: Format of Bid Security Declaration Certificate is attac hed as Appendix-‘J’
• 24.Integrity Pact : As per bid requirement , participated bidder should have to si gn the integrity pact with the procuring entity as per specified formate as per Appendix-K
• 25.Under taking Certificate for “ Make in India products” Bidder to upload certificate regarding percentage of the local content and the d etails of locations at which the local value addition is made along with their bid as per Appendix-‘L’
• 26.Bidders offer is liable to be rejected if they don’t upload any of the certificate/d ocument sought in the bid documents, ATC and Corrigendum if any. This clause required to be included in buyer added bid ATC.
• 27.Force Majeure Condition: If at any time during the continuance of the Contra ct, the performance in whole or in part by either party of any obligation under this Cont ract shall be prevented or delayed by the reasons of any war, hostility, acts of t he public enemy, epidemics, civil commotion, sabotage, fires, floods, explosion, quarantine restrictions, strikes, lockouts or act of God provided notice of happen ing of such event duly evidenced with documents is given by one party to the ot her within 10 days from the date of occurrence thereof, neither party shall be b y reasons of such event, be entitled to terminate the contract nor shall either pa rty have any cl 7/11 aim for damages against the other in respect of such non-p erformance or the delay in performance, and deliveries under the contract shall be resumed as soon as practicable after such event has come to an end or ceas ed to exist, and the decision of the Buyer as to whether the deliveries have bee n so resumed or not, shall be final and conclusive, Provided further that if the p erformance in whole or part of any obligation under this contract is prevented o r delayed by reason of any such event for a period exceeding 10 days, either pa rty may at its option terminate the contract provided also that the Buyer shall b e at liberty to take over from the seller at a price to be fixed by Buyer, which sh all be final, all unused, undamaged and accepted material, bought out compon ents and Goods in course of manufacture in the possession of the Seller at the time of such termination or such portion thereof as the Buyer may deem fit exce pting such materials, bought out components and Goods as the Seller may with the concurrence of the Buyer elect to retain.
• 28.Risk Purchase clause: In the event of failure of supplier to deliver of dispatch of stores to provide the required service within the stipulated dates/period of th e supply order/AT or in the event of breach of any of the terms and conditions of the AT, the purchaser will have the right to purchase the subject stores elsewhe re at the risk and cost of defaulting supplier after giving a notice to defaulting s upplier. The cost as per risk purchase exercise may be recovered from the bills pending with the purchaser even against any other supplies outside this contrac t or even from the pending bills with any other Govt Department/Ministry. In the event of contract being cancelled for any breach committed and the purchase e ffecting repurchase of the subject store at the risk and cost of contractor, the pu rchaser is not bound to accept the lower offer of Benami of allied sister concern of the contractor.
• 29.Arbitration: the latest general terms and condition on GEM 4.0 (version 1.7) clause No. 16.2 (Arbitration) is as under In the event of any conflict / dispute ari sing out of or in connection with the Contract placed through GeM, which has no t been resolved in accordance with the procedure laid down in Clause 16.1 abo ve, the aggrieved Party may invoke Arbitration by sending a written notice to th e other Party. The procedure for appointment of the Arbitral Tribunal shall be as follows.
• (i)In cases where the total value of the Contract is less than INR 1,00, 0 0,000/- (Indian Rupees One Crore only) the same shall be referred to a s ole arbitrator mutually appointed by both the Parties.
• (ii)Where the total value of the Contract exceeds INR 1,00,00,000/- (Ind ian Rupees One Crore only), the arbitration shall be conducted by a quorum of three arbitrators. Each party shall be entitled to appoint an arbitrator and t he two party-appointed arbitrators shall within 30 (thirty) days from the ir nomination, appoint a third arbitrator i.e., the Presiding Arbitrator. iii. In case of failure to appoint the Presiding Arbitrator within a period of 3 0 (thirty) days from the date of nomination of the two arbitrators by the r espective parties, the aggrieved party shall approach the High Court (und er whose jurisdiction the principal place of business of the Buyer departm ent/ organization is located) to appoint the Presiding Arbitrator as per the provisions of the Arbitration and Conciliation Act, 1996 (as amended up to date). iv. The arbitration shall be conducted in the English language. Arbitration proceedings can also be conducted online, as per the discretion of the Arb itral Tribunal.
• v.The cost of the Arbitration shall be equally borne by both the Parties. vi. The award of the arbitrator shall be final and binding on the Parties to the Contract. The arbitration shall be governed by the Arbitration and Con ciliation Act, 1996, as amended from time to time. The seat of arbitration shall be at the place where the principal place of business of the Buyer de partment / organization is located. vii. The Contract shall be interpreted and governed in all respects in acc ordance with the laws of India. All disputes in connection with or arising o ut of the Contract, shall be subject to the exclusive jurisdiction of the Cour t within the local limits of whose jurisdiction principal place of business of the Buyer department / organization is located.
• 30.Dispute resolution between the buyer and the seller/service provider: The clause No. 16 as mentioned in General Terms & Condition on GeM 4.0 (Version 1.12) dated 16th August 2023 is as under: 16.1 Conciliation:
• i.The Parties (i.e., the Buyer and the Seller/ Service Provider) undertake that any conflict or dis pute that may arise between them shall first be dealt with in the manner stated be low, irrespe ctive of any other recourse, which any Party may have in law or in equity. ii. In the event of any conflict or dispute arising out of or in connection with the General Terms and Conditions on GeM 4.0 (Version 1.12) dt 16th August 2023 Contract placed through GeM, t he Parties shall endeavor to settle such disputes amicably. If a dispute is not resolved within 3 0 (thirty) days after a written notice of any dispute by one Party to the other, the same shall th en be resolved through the mechanism of a Dispute Resolution Committee. This Dispute Resol ution Committee shall comprise of rep representatives of both the Buyer and the Seller / Servi ce Provider and shall be chaired by the Primary User of the Buyer organization/department or any other person as authorize d by the Primary User. If the Dispute Resolution Committee is n ot able to resolve the matter within 30(thirty) days of its formation, the dispute shall then be r eferred to Arbitration. 16.3 Both the Parties understand and agree that GeM being an Intermediary cannot be made a party to any dispute in connection with or arising out of the Contract and/or the arbitration pro ceedings between the Parties. 16.4 Where the arbitral award is for the payment of money, no interest shall be payable on wh ole or any part of the money for any period till the date on which the award is made.
• 31.Requirement of mandatory undertaking certificate :- the bidder should submit all undertaking certificate duly signed which is uploaded in buyer added bid specific ATC (Appendix ‘A’ to ‘L’) view file. .

Buyer uploaded ATC document Click here to view the file.