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After award of contract – Successful Bidder shall have to get Detailed Design Drawings approved from buyer before starting fabrication. Successful Bidder shall submit Detailed Design Drawings for Buyer's approval, within 5 days of award of contract. Buyer shall, either approve the drawings or will provide complete list of modification required in the drawings within 7 days. Seller shall be required to ensure supply as per approved Drawings with modifications as communicated by Buyer. If there is delay from buyer side in approval of drawing– the delivery period shall be refixed without LD for the period of delay in approval of Drawing.

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 1 years residual market life i.e. the offered product shall not be declared end-of- life by the OEM before this period.

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.

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.

Experience Criteria: The Bidder or its OEM {themselves or through reseller(s)} should have regularly, manufactured and supplied same or similar Category Products to any Central / State Govt Organization / PSU for 3 years before the bid opening date. Copies of relevant contracts to be submitted along with bid in support of having supplied some quantity during each of the year. In case of bunch bids, the primary product having highest value should meet this criterion.

For hazardous chemical/item, all precautionary measure as per regulation from the point of transportation/ handling/ storage/ safety/ health/ environment to be undertaken/ specified before dispatch. During dispatch, proper symbol for the hazard/ MSDS/ Batch No./ date of manufacturing/ Gross Weight/ Net Weight/ shelf Life etc are to be written/ printed/ pasted on the body of the packing.

NON DISCLOSURE DECLARATION CERTIFICATE (On Bidder Letter Head) to be uploaded with bid:

• 1.I M/s. NAME OF THE FIRM hereby declare that I shall not disclose the contract or any provision, specification, plan, design, pattern, sample or information thereof to any third party during and after expiry of Contract.
• 2.If defying the norms as per the Contract a legal action may be taken against me as per the existing Rules.

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

OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 50 percent of bid quantity at the time of placement of contract. The purchaser also reserves the right to increase the ordered quantity up to 50% 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.

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.

Nominated Inspection Agency: On behalf of the Buyer organization, any one of the following Inspection Agency would be conducting inspection of stores before acceptance: Pre-dispatch Inspection at Seller Premises (applicable only if pre-dispatch inspection clause has been selected in ATC): NA Post Receipt Inspection at consignee site before acceptance of stores: BOO

• 15.Sample Clause After award of contract – Successful Bidder shall have to get advance sample approved from buyer before bulk manufacturing / starting bulk supplies. Successful Bidder shall submit 2 samples for Buyer's approval, within 5 days of award of contract. Buyer shall, as per contract specifications framework, either approve the advance sample or will provide complete list of modification required in the sample within 7 days of receipt of advance sample. Seller shall be required to ensure supply as per approved sample with modifications as communicated by Buyer. If there is delay from buyer side in approval of advance sample – the delivery period shall be refixed without LD for the period of delay in sample approval. In case, the sample is found to have major deviations / not conforming to the Contract specifications, the buyer at its discretion may call for fresh samples for approval before allowing bulk supplies or may terminate the contract after notifying the deviations to the seller. Unless otherwise provided in the contract, all samples required for test shall be supplied by the contractor free of cost. Where under the contract, the contractor is required to submit an advance sample, any expenses incurred by the contractor on or in connection with the production of stores in bulk, before the sample has been approved unconditionally shall be borne by the Seller and he shall not claim any compensation in the event of such sample being found unacceptable by the Buyer / Consignee.

Bidders can also submit the EMD with Fixed Deposit Receipt made out or pledged in the name of A/C COMMANDANT . The bank should certify on it that the deposit can be withdrawn only on the demand or with the sanction of the pledgee. For release of EMD, the FDR will be released in the favour of the bidder by the Buyer after making endorsement on the back of the FDR duly signed and stamped along with covering letter. Bidder has to upload scanned copy/ proof of the FDR 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 Fixed Deposit Receipt also (besides PBG which is allowed as per GeM GTC). FDR should be made out or pledged in the name of COMMANDANT A/C (Name of the Seller). The bank should certify on it that the deposit can be withdrawn only on the demand or with the sanction of the pledgee. For release of Security Deposit, the FDR will be released in favour of bidder by the Buyer after making endorsement on the back of the FDR duly signed and stamped along with covering letter. Successful Bidder has to upload scanned copy of the FDR document in place of PBG and has to ensure delivery of hard copy of Original FDR to the Buyer within 15 days of award of contract.

NET WORTH: Net Worth of the OEM should be positive as per the last audited financial statement.

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.

ISO 9001: The bidder or the OEM of the offered products must have ISO 9001 certification.

Material Test Certificate Should Be Sent Along with The Supply. The Material Will Be Checked by Buyer’s Lab & the Results of the Lab will be the Sole Criteria for Acceptance of the Item.

The bidder is required to upload, along with the bid, all relevant certificates such as BIS licence, type test certificate, approval certificates and other certificates as prescribed in the Product Specification given in the bid document.

• 24.Turnover Bidder Turn Over Criteria: The minimum average annual financial turnover of the bidder during the last three years, ending on 31st March of the previous financial year, should be as indicated in the bid document. Documentary evidence in the form of certified Audited Balance Sheets of relevant 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 bidder 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.
• 25.Turnover OEM Turn Over Criteria: The minimum average annual financial turnover of the OEM of the offered product during the last three years, ending on 31st March of the previous financial year, should be as indicated in the bid document. Documentary evidence in the form of certified Audited Balance Sheets of relevant 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 RELATED TO primary product having highest bid value should meet this criterion.

Availability of Service Centres: Bidder/OEM must have a Functional Service Centre in the State of each Consignee's Location in case of carry-in warranty. (Not applicable in case of goods 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 submission of documentary evidence of having Functional Service Centre.

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

Escalation Matrix For Service Support : Bidder/OEM must provide Escalation Matrix of Telephone Numbers for Service Support.

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.

Timely Servicing / rectification of defects during warranty period: After having been notified of the defects / service requirement during warranty period, Seller has to complete the required Service / Rectification within 7 days time limit. If the Seller fails to complete service / rectification with defined time limit, a penalty of 0.5% of Unit Price of the product shall be charged as penalty for each week of delay from the seller. Seller can deposit the penalty with the Buyer directly else the Buyer shall have a right to recover 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 / rectification done from alternate sources at the risk and cost of the Seller besides forfeiture of PBG. Seller shall be liable to re-imberse the cost of such service / rectification to the Buyer.

• 31.Past Project Experience Proof for Past Experience and Project Experience clause: For fulfilling the experience criteria any one of the following documents may be considered as valid proof for meeting the experience criteria:a. Contract copy along with Invoice(s) with self-certification by the bidder that service/supplies against the invoices have been executed.b. Execution certificate by client with contract value.c. Any other document in support of contract execution like Third Party Inspection release note, etc.Proof for Past Experience and Project Experience clause: For fulfilling the experience criteria any one of the following documents may be considered as valid proof for meeting the experience criteria:a. Contract copy along with Invoice(s) with self-certification by the bidder that service/supplies against the invoices have been executed.b. Execution certificate by client with contract value.c. Any other document in support of contract execution like Third Party Inspection release note, etc.
• 32.Ration Item ATCs Demurrage charges In case the rejected items are not lifted by the firm within 48 hrs, the demurrage charges at the rate of 0.5% of total contract value will be charged per day. In case the items are not lifted within a month, the same will be destroyed by the station board of officers and no claim will be admitted.Demurrage charges. In case the rejected items are not lifted by the firm within 48 hrs, the demurrage charges at the rate of 0.5% of total contract value will be charged per day. In case the items are not lifted within a month, the same will be destroyed by the station board of officers and no claim will be admitted.
• 33.Ration Item ATCs Shelf Life The supplier shall declare the shelf life/best before use for a minimum period equal to the warranty period as given in the DFS for the item. The item should be of the latest manufacture, conforming to the current production standard and having 100% defined life at the time of delivery.
• 34.Ration Item ATCs Packing Material The items will be supplied by the successful bidder in its original packing material and the packing material will not be returned. Weight of packing material will not be included in quantity supplied and only net weight of the items will be counted. The packing should be of standardized weights of appropriate size. Item will not be accepted in non-standardized weights.Packing Material. The items will be supplied by the successful bidder in its original packing material and the packing material will not be returned. Weight of packing material will not be included in quantity supplied and only net weight of the items will be counted. The packing should be of standardized weights of appropriate size. Item will not be accepted in non-standardized weights.

Buyer Added text based ATC clauses BIDDER ATC

• (1)EMD: EMD (in shape of FDR/PBG only. DD and Banker Cheque will not accepted) should be valid for a period of 45 Days beyond the final bid validity period i.e. EMD should be valid for 225 d ays (180+45) from the last date of submission of Bid. EMD date should be after the date of bid pub lication and PBG should be prepared by the L1 only after date of Contract Preparation. Old EMD or PBG will not be accepted.
• (2)The original copy of the EMD must reach the buyer by the bid opening date. If the EMD is not received within this stipulated timeframe, the firm will not entertain the TEC and will be disqua lified.
• (3)The bidder should submit an undertaking certificate for the uploaded documents are 100% genuine regarding the subject bid.
• (4)Past Performance: Seller must be submit 80% past performance of last three years GeM Contract Orders of the bid quantity for subject item and balance 20% past performance of GeM Co ntract Orders of similar items.
• (5)ATC of the bid should be uploaded by the vendor duly signed by the bidder on his letter pa

d.

• (6)Seller to provide certificate confirming that the supplied items are genuine in accordance with existing defence specification of the item.
• (7)Bid participation of the bidder duly accepted only no incident report has been raised again st the bidder in last one year by GeM.
• (h)Bidder to uploaded copy of CRAC/Inspection Note along with invoice to consider for experi ence criteria and past performance.
• (8)Bid will be rejected in case any faulty/incorrect documents are uploaded.
• (9)Firms have to submit tech specification and clear high-resolution pictures (HDD) of the ite m alongwith testing certificate from Govt/NABL certified laboratory (not older than 03 months fro m the date of opening Tech Bid) conforming to the defence specification of the item for evaluation by TEC.
• (12)Seller has to submit ANTI-COLLUSION Cert along with the tech bid. (Format as per attache

d)

• (13)Only OEMs are eligible for MSE exemption, as resellers/traders are not authorized for MSE exempti on as per GeM guidelines. Hence, no MSE exemption will be given to any reseller/trader. MSE uploaded sh ould be verified by the UDYAM site and same will checked during TEC by the BOO on website. If found edit able and not eligible the firm will be disqualified.
• (14)All bidders must submit the NSIC for the item and also required to submit a Vendor Assessment.
• (15)It is certified that this depot is providing Ord Lgs Sp to units in western and southern secto
• r.The stores being procured have special defence specifications and are required on Op imdt basis . The Firms supply the defence store in Army should have experience to supply the subject store a nd also should have adequate knowledge about the stores required. Inexperienced firms may supply the store not fulfilling the defence specifications. Being Op Imdt requirement, and time criti cal, the procurement cannot be delayed due to recurring rejection of sample / retendering in case of non-compliance of defence specifications.
• (16)Firms which are participating in bids must have the technical capability to deliver the good s and services as per prescribed technical and defence specifications, because all items required f or Indian Army is related to Tps Safety, health, critical security operations and equipment. Hence, it is prudent to allow only vendors having experience and proven capability and may not relax the criteria of prior experience / turnover to Startups / MSEs.
• (17)The fwg documents to be submitted by firm for Technical qualification: 17.1 Document giving out turnover of the firm for past three years. 17.2 An affidavit by firm giving its turnover of the firm for past three years. 17.3 Details of orders recd and executed by the firm during past three years in respect of tendered or similar nature items. 17.4 The firms failing to submit above documents with tech bid are liable to be consider ed for di qualification by TEC. 17.5 Turnover uploaded by the firm should have valid UDIN No which will be verified and checked by BOO on ICAS website. 18 Clarification regarding contents of the BID. A prospective bidder who requires clarification regarding the contents of the bidding documents shall notify to the Buyer in writing about the clari fications sought not later than the clarification end date as mentioned. Copies of the query and cla rification by
• 19.Modification and withdrawal of Bids 19.1 The Bidder may modify (resubmit) his bid after submission, as per the provisions available in the portal. No bid shall be modified after the deadline for submission of bids. 19.2 If bidder desires to withdraw before bid submission closing date/time, he may do so online in the portal and offline EMD would be refunded but not cost of the tender. Once with-draw n onlin e, he cannot participate again in this tender. 19.3 No bid may be withdrawn in the interval between the deadline for submission of bids and expiry of the period of the specified bid validity. Withdrawal of a bid during this period will result i n forfeiture of Bidder’s Bid Security/EMD. 20 Rejection of Bids. Canvassing by the Bidder in any form, unsolicited letter and post-tend er correction may invoke summary rejection with forfeiture of EMD. Conditional Bids will not be ac cepted 21 Unwillingness to Quote. Bidders unwilling to quote should ensure that intimation to this effect reaches before the due date and time of opening of the Bid, failing which the defaulting Bidd er may be delisted for the given range of items as mentioned in this BID. 22 Liquidated Damages. In the event of the Seller's failure to submit the Bonds, Guar antee s and Documents, supply the stores/goods and conduct trials, installation of equipment, training, e t c as specified in this contract, the Buyer may, at his discretion, withhold any payment until the co mpletion of the contract. The BUYER may also deduct from the SELLER as agreed, liquidated damag es to the sum of 0.5% of the contract price of the delayed/undelivered stores mentioned above for every week of delay o r part of a week, subject to the maximum value of the Liquidated Damages b eing not higher than 10% of the value of delayed stores. 23 Termination of Contract. The Buyer shall have the right to terminate this Contract in p art or i n full in any of the following cases: 23.1 The delivery of the material is delayed for causes not attributable to Force Majeur e for more than 06 months after the scheduled date of delivery. 23.2 The Seller is declared bankrupt or becomes insolvent. 23.3 The delivery of material is delayed due to causes of Force Majeure by more than 06 month s provided Force Majeure clause is included in contract. 23.4 The Buyer has noticed that the Seller has utilized the services of any Indian/Foreig n agent in getting this contract and paid any commission to such individual/company etc. 23.5 As per decision of the Arbitration Tribunal. 24 Correctness of the Quality and Quantity. On receipt of stores at consignee’s premises, the stores are checked for ascertaining the correctness of quality, quantity and documents. In case th e stores are found deficient in any way, consignee has the right to reject the stores even if these w ere in inspected and cleared by the Inspector.
• 25.Risk & Expense Clause 6 / 12 25.1 Should the stores or any installment thereof not be delivered within the time or tim es specified in the contract documents, or if defective delivery is made in respect of the stores or any installment thereof, the Buyer shall after granting the Seller 45 days to cure the breach, be at liberty , without prejudice to the right to recover liquidated damages as a remedy for breach of contract, to declare the contract as cancelled either wholly or to the extent of such default. 25.2 Should the stores or any installment thereof not perform in accordance with the sp ecifications/ parameters provided by the SELLER during the check proof tests to be done in the BUYER’s country, the BUYER shall be at liberty, without prejudice to any other remedie s for breach of contra ct, to cancel the contract wholly or to the extent of such default. 25.3 In case of a material breach that was not remedied within 45 days, the BUYER shal l, having given the right of first refusal to the SELLER be at liberty to purchase, manufactur e, or procure from any other source as he thinks fit, other stores of the same or similar des cription to make goo d: 25.1.1 Such default. 25.1.2 In the event of the contract being wholly determined the balance of the sto res remain to be delivered there under. 25.4 Any excess of the purchase price, cost of manufacturer, or value of any stores pro cured fr om any other supplier as the case may be, over the contract price appropriate to s uch default or balance shall be recoverable from the SELLER. Such recoveries shall not exc eed 100 % of the value of the contract. s and their consequences.
• 26.Repeat Order Clause. The contract will have a Repeat Order Clause, wherein the Buyer ca n order upto 50% quantity of the items under the present contract within six months from the d ate of supply /successful completion of this contract, the cost, terms & conditions remaining the s ame. The Bidder is to confirm acceptance of this clause. It will be entirely the discretion of the Buy er to place the Re peat order or not.
• 27.Tolerance Clause. To take care of any change in the requirement during the period s tarting from issue of Bid till placement of the contract, Buyer reserves the right to 25% plus/minus increase or decrease the quantity of the required goods up to that limit without any change in the terms & conditions and prices quoted by the Seller. While awarding the contract, the quantity orde red can be increased or decrease d by the Buyer within this tolerance limit.
• 28.Force Majeure clause. 28.1 Neither party shall bear responsibility for the complete or partial non-performance of any of its obligations (except for failure to pay any sum which has become due on accou nt of receipt of goods under the provisions of the present contract), if the non- performanc e results from such Force Majeure circumstances as Flood, Fire, Earth Quake and other act s of God as well as War, Military operation, blockade, Acts or Actions of State Authorities or any other circumstances beyond the parties control that have arisen after the conclusion of the p resent contract. 28.2 In such circumstances the time stipulated for the performance of an obligation und er the present contract is extended correspondingly for the period of time of action of thes e circumstances and their consequences. 28.3 The party for which it becomes impossible to meet obligations under this contract due to Force Majeure conditions, is to notify in written form the other party of the beginnin g and cessation of the above circumstances immediately, but in any case not later than 10
• (Ten)days from the moment of their beginning. 28.4 Certificate of a Chamber of Commerce (Commerce and Industry) or other compete nt authority or organization of the respective country shall be a sufficient proof of commen cement and cessation of the above circumstances. 28.5 If the impossibility of complete or partial performance of an obligation lasts for mo re than 6 (six) months, either party hereto reserves the right to terminate the contract tota lly or partially upon giving prior written notice of 30 (thirty) days to the other party of the i ntention to terminate without any liability other than reimbursement on the terms provide d in the agreement for the goo ds received. 29 Correctness of the Quality and Quantity. On receipt of stores at consignee’s premises, the stores are checked for ascertaining the correctness of quality, quantity and documents. In case th e stores are found deficient in any way, consignee has the right to reject the stores even if these w ere inspected and cleared by the Inspector.
• 30.The manufacturer shall be responsible for the safe delivery of the stores at the consignee ’ s end and transit damage if any shall be promptly attend by him. (z) The Bidder is required to give confirmation of their acceptance unconditionally of the terms and conditions of the bid terms on fi rm letter head. Failure to do so may result in rejection of the Bid submitted by the Bidder .

Buyer uploaded ATC document Click here to view the file.