Facility Management Services - LumpSum Based - Maintenance Contract For PCs, Laptops And Printers Of Health Physics Unit, KKNPP 1&2 For A Period Of Two Years; As Per Scope Of Work; Consumables To Be…

OPTION CLAUSE 50% : The buyer can increase or decrease the contract quantity or contract duration up to 50 percent at the time of issue of the contract. However, once the contract is issued, the contract quantity or contract duration can only be increased up to 50 percent. Bidders are bound to accept the revised quantity or duration. For lumpsum-based service contracts, the buyer may increase the scope of work and contract value up to 50 percent with the consent of the service provider

Buyer Added text based ATC clauses PRE-QUALIFICATION CRITERIA

• 1.Work experience:- 1.1 Similar Works: The bidder shall have the experience of similar works satisfying the following eligibility criteria during la st 07 (seven) years ending last day of month, previous to the one in which NIT has been published on e-Tendering portal (commencement date of sale of tender).
• a)Three similar completed works each of value not less than 40% of the estimated cost put to tend er. or
• b)Two similar completed works each of value not less than 50% of the estimated cost put to tender . or
• c)One similar completed work of value not less than 80% of the estimated cost put to tender. 1.2 Definition of similar work: Experience in any one or more of the following:
• a)Maintenance or Management of Information Technology infrastructure (e.g. PCs/ work station/ laptop/ printer/ scanner/ multi-functional devices/ projectors etc) and /or Servic es
• b)Maintenance or Management of LAN based system.
• c)Maintenance or Management of Server and its associated system
• d)Assistance for above works Note: (with or without supply of material for a) to c)). 2.0 Financial criteria: 2.1 Average annual financial turnover: Average annual financial turnover of bidder should be at least 50% of the estimated cost put to tender durin g the immediate last three consecutive financial years previous to the one in which tender sale has been co mmenced as published on e-tendering portal. In case the Bidder has been in existence for less than three fin ancial years, still the average annual turnover shall be calculated assuming that the Company has existed fo r 3 years. 3.0 EPF (Employees’ Provident Fund)registration: 3.1 The bidder shall upload valid EPF registration along with the bid. 3.2 The EPF registration requirement may not be applicable for a few works if the same is mentioned explic itly in the schedule-A. 4.0 PAN (Permanent Account Number): Bidder must upload PAN card issued in the name of bidder in case of proprietary firm a nd in the name of Company/Partnership Firm for others. 5.0 ESI (Employee State Insurance) registration: (Not Applicable for this tender) 6.0 Additional Pre qualification criteria: (Not Applicable for this tender) 7.0 Qualifying Requirement Criteria: For documents issued by government departments/ministries that can be verified online through their port als, the URL/Web link for verification shall be provided by the bidders/sellers along with their bids. 8.0 Uploading supporting documents: The Bidder shall upload the following documents:
• S.NO. DESCRIPTION
• 1.Udyam registration Certificate Uploading is mandatory if bidder wishes to avail ben efit as MSE under clause no. 25 of Standard Part of N IT/GeM GTC
• 2.Power of attorney or other appropriate document au thorizing to submit the bid

3.

• a.Memorandum of Association/Article of Associatio n in case of Company or
• b.Partnership deed in case of Partnership firm or
• c.Self-undertaking from proprietorship firm (Appen dix – 9)
• 4.PAN card
• 5.GST registration certificate (GSTIN)
• 6.Registration of EPF
• 7.ESIC registration (If applicable)
• 8.Work order/Purchase order/Agreement with bill of Qu antities and Rates along with completion or similar d ocumentary evidence certifying completeness of wor k issued by client for works meeting pre-qualification criteria of Work Experience in Format-2
• 9.Work order/Purchase order/Agreement with bill Of Q uantities along with completion or similar document ary evidence certifying completeness of work issued by client for works executed in foreign countries me eting pre-qualification criteria of Work Experience in Format-6
• 10.In case work experiences with other than Governme nt/Government Autonomous bodies/Public Sector Uni ts, statement for Bill wise payments up to final/last b ill along with Form-26 AS/16A as per Format-4
• 11.Financial data as per Format-3
• 12.Certification under preference to Make in India order (Appendix -8) 13. “Certificate of Recognition” issued by DIPP (Departm ent of Industrial Policy & Promotion or DPIIT (Depart ment for Promotion of Industry and Internal Trade), Ministry of Commerce & Industry. Uploading is mand atory if bidder wishes to avail benefit as Start-up und er clause no. 31 of Standard Part of NIT
• 14.Additional documents if applicable as per Pre- Qualification criteria 9.0 Benefits of MSEs: 9.1 Only Service Providers quoting for services rendered by them shall be eligible for availing benefits und er the Public Procurement Policy for MSEs Order 2012.Dealers/Distributors/Sole Agents/Resellers/Traders/ Stockiest will not be considered for benefits under the subject policy and ar e required to pay requisite EMD as stipulated in the bid document. Seller declaration stating that the o ffered service will be rendered by them shall be submitted along with bid, at Additional document (Re quested in ATC) link only. 9.2 Udyam Registration Certificate as Manufacturing (any) / Service (any) along with Declaration of Servic e provider that offered service will be rendered by them to be submitted on their letter head with seal and sign. 10.0 Contract Price Adjustment: Contract Price Adjustment is applicable for this work as per Schedule-A. The rates quoted by the tenderer shall be the Base Price, which will be subjected to PRICE ADJUSTMENTS in accordance with the conditions and formula prescribed here in and further subject to satisfying the requirements specified in this clause only. Th is clause is applicable only to the contracts where stipulated completion period is m ore than 12 months. For contract(s) where completion period as stipulated in NIT or work order is less tha n and upto 12 (twelve) months and where there is a delay which is attributed to the Corporation, due to which the period of the contract exceeds 12 months, the contract price adjustments is applicable for the extended period. (For example, where the orig inal contract period is 10 months and there is extension for 3 months, then adjustme nt is payable for one month i.e.13th month only). However the Subscript value of “0” defined in shall be the indices of the month in which the Mid period (50% in terms of days) of the original contract period falls on. The "Contract Price" as awarded shall be the Base Price, unless otherwise specified. A certain fixed percentage of the base price shall not be subject to any price adjust ment. The balance percentage to be specified shall be of Identified Components to wards Labour, Material(s) (not being material supplied/or services rendered at fixed prices by the Corporation) and P.O.L. and shall be subjected to Price Adjustment. T he fixed component shall be 10% of the contract value, and is not subjected to pric e adjustments. However other components shall vary from contract to contract dep ending upon the scope of work(s) and this information is furnished by the Corporati on in Schedule A. The actual amount of price adjustment shall be determined by satisfying the conditi ons specified herein. The price adjustment formula for the various components of the Contract Price shall be construed as stipulated hereinafter. The formula designed for governing and calc ulating the price adjustment to be applied to the contract price shall be as follows: 1 u u1 u0 s s1 s0 1 0 1 0 1 0 1 0 qxQ /Q + dxD /D ) Where: ACV1 - Adjusted contract price i.e., value of work done after application of ab ove price adjustment formula. CV Base contract price, subject to price adjustment, i.e. the value of the work do ne in the given period for which the Price Adjustment is to be calculated excl uding cost of material supplied or services rendered at fixed prices by the C orporation and the cost of extra items, rates for which have been worked out based on market rates. F Fixed component i.e. 10% of contract value, which is not subjected to any a djustment under this formula or otherwise. lu -Unskilled Labour component (Defined in Schedule A) expressed as ACV = CV (F + l xL /L + l xL /L + mxM /M + nxN /N + oxO /O + pxP /P + 1 0 1 0 percentage of the contract value which will be subjected to adjustment. ls -Skilled labour component (Defined in Schedule A) expressed as percentage of the contract value which will be subject to adjustment. m,n,o,p- Various material component (bought by the contractor) expressed as perce ntage of the contract value(defined in Schedule A), which will be subject to a djustment. The sum of m, n, o, p along with F, d, labour (lu and ls) and q shou ld sum up to one. ‘q - Component for all the other materials (other than m, n, o, and p) exp ressed as percentage of contract value, as defined in Schedule A. d - P. O. L. component expressed as percentage of the contract value, as defi ned in Schedule A, which will be subject to adjustment. M, N, O, P - Corresponding published price indices of various materials based on All India Wholesale Price Index for Individual Commodities /Group Items for the p eriod under consideration published by Economic advisor to Government of In dia, Ministry of Industry & Commerce. Q - Wholesale price indices applicable to all commodities for the period under c onsideration as published by Economic Advisor to Government of India, Minist ry of Industry & Commerce. L - Minimum wages in Rupees of a labour fixed under any law, statutory rule or order as applicable on the last date of the month under consideration (where in subscript ‘u’ and ‘s’ denotes the unskilled and skilled labour respectively). D - Petrol prices of the nearest petrol pump (defined in Schedule A) applicable a s on the last date of the month under consideration. SUBSCRIPT: ‘0’ - refers to the values of the above-mentioned Minimum Wages/ Material indice s/ Petrol price applicable to previous month prior to the date of submission of tenders (In case of two part tender the date of submission of Part 1 shall be t aken). ‘1’ - refers to the values of corresponding Minimum Wages, Material indices/ petr ol price as applicable for the month prior to the month in which the work is e xecuted for which adjustment is applicable, respectively. The value of fixed component `F' will remain unchanged and fixed and shall not be disputed. Price Adjustment(s) shall be calculated for the quantum of works executed d uring the month of the bill. Additional, altered or substituted items of work, derived from the agreed Bill of quantities and rates attached in work order will also attract price adjustm ent as per this clause. No price adjustment for the cost of material issued an d/or services provided by the Corporation shall be applicable, which are issu ed at fixed rates to the Contractor. Extra, altered or substituted item for whi ch the rate has been derived from the market rate, shall not be subject to p rice adjustment within 12 months from the actual commencement of executi on or date of its communication to the contractor whichever is earlier. In the case of materials brought to site for which any secured advance is inc luded in the bill, the full assessed value of such advance shall be added to t he cost of work shown in the bill for operation of this Clause. Similarly, when such materials are incorporated in the work and secured advance is deducte d from the bill, the full assessed value should be deducted from the cost of t he work shown in the bill, running or final. In case of advance payment is given for the work done but not measured the full value of such unmeasured work shall be added to the cost of work show n in the bill for operation of this Clause. When such work is measured and pa id the full value of such work shall be deducted from the cost of work shown in the bill, running or final. Every month after the award of Contract, the Contractor shall submit to the Engineer-in-Charge, a written notice of the changes, if any, that have occurr ed in the specified indices of Material/petrol prices and in minimum wages fo r labour during the previous month containing the effective date of such cha nge, the extent of change etc. with authenticated documentary evidence (as described above) of the relevant published indices/petrol price/minimum wa ges to substantiate the price adjustment claim. Vided further that such payment/refund shall not be operative and payable after the Schedule expiry of the contract period including authorized extend ed contract period. In case where the reasons for extension of the contract is attributable to the force majeure and Contractor, the Contractor shall be paid the contract pric e adjustment for the extended period at the frozen indices applicable for t he month preceding to the last date of stipulated completion period or exte nded completion period attributable to Corporation whichever is later. In cas e the prevailing price indices are lower than the frozen indices, as stated ab ove, the lower shall be considered. this purpose, the total delayed period shall be apportioned between delays due to the Corporation, force majeure events and / or the Contractor in the f ollowing order:
• 1.Delay caused by the Corporation will be allowed considering as if this delay due to the Corporation happened first, immediately a fter stipulated contract completion period, irrespective of actual point in time in which such delay by Corporation occurs.
• 2.Followed by delay due to Force Majuere,
• 3.Delay due to Contractor The total adjusted contract price shall be:
• (Sigma)ACV1 + Other elements of Contract Price, if any Except as provided herein, no other expenditure incurred by the Contract or, under any Clause(s) / item(s) due to any reason whatsoever, shall be payable to the Contractor. Bids specifying provisions other than those specified above run the risk of rejection. In case of retrospective revision in Minimum wages by Government notification, the applicable indi ces for labour shall be taken as the prevailing Minimum Wages (as notified till the date of submissi on of tenders) as on the last day of the previous month prior to the date of submission of tenders.” 11.0 LIABILITIES FOR DAMAGE AND INSURANCE: The Contractor shall provide the following insurance policies in the joint names of the Corporation and the Contractor, insurance cover from the date of commencement of work to the end of the Defects Liability Per iod. The contractor will be fully responsible for any loss, damage or destruction of NPCIL plant & machineri es, property, persons etc., The quoted rate shall include the premium amount for the insurance policies as given in Sch-A Sl. No. 25 Policies submitted, as applicable to the contract, should bear the Work Order (WO ) number except Group Insurance for which WO number is not mandatory. Contractor has to submit the co pies of Insurance policy along with the original policy document to the Engineer-in-charge before the com mencement of work. Third Party Insurance: The contractor shall submit the insurance for third party liability for 10% of work order value subject to a m aximum of Rs. 50 Lakhs. Workmen Compensation Policy: The contractor shall take the Employee’s Workmen Compensation Policy for such workmen / employees w ho are not covered under the ESI act. Group Insurance: Group Insurance is to cover contractor, Engineers and supervisors employed by the contractor. If already t here proof shall be produced. 12.0 Security Deposit Performance Security/Performance Bank Guarantee shall be 5% of contract value. For further details kindly refer clause No.7 of General Terms and Conditions (GTC). The format for Performance Security/ Performance Bank Guarantee shall be as provided on tender. Splitting of Security Deposit/Performance Security is not applicable. Release of PBG & SD will be after the satisfactory completion of the contract including compliances as certi fied by the Engineer-in-Charge. 13.0 Payment details for EMD: For Payment through SBI collect, sellers may visit SBI collect website and follow below path: PSU-Pubic Sector Undertaking → NPCIL Kudankulam Tenders →Payment category→ EMD payment or perfor mance security payment (as applicable). 14.0 Clarification on bid Clarifications/documents submitted during the Representation Time shall not be considered for evaluation. The penalty provisions specified in Buyer Added Bid Specific ATC shall supersede/prevail in case of conflict ing provisions with the SLA (Service Level Agreement) penalties/deductions. 15.0 TReDs MSME Ministry, GoI vide notification dtd 02.11.2018 has mandated all CPSE to get on boarded on the TReD
• S.As per the above directives of MSME Ministry, NPCIL is already registered with RXIL. TReDS is an electronic platform for facilitating the financing / discounting of trade receivables of Micro, Sm all and Medium Enterprises (MSMEs) through multiple financiers. These receivables can be due from corpo rate and other buyers, including Government Departments and Public Sector Undertakings (PSUs). Both Buyer and the Seller must be registered on the TReDS platform for financing / factoring of trade recei vables of the MSME Seller. Currently, there are four RBI-approved platforms: Receivables Exchange of Indi a Ltd. (RXIL), A Treds Ltd. (Invoicemart), C2treds and Mynd Solutions Pvt. Ltd. (M1xchange). NPCIL also encourages its seller to register on RXIL trades Platform. In view of the above, you are requested to register on RXIL trades Platform at the earliest. For registration process, bill discounting & other complete details/FAQs and correctness of above informati on including current interest rates, terms & condition etc., seller may visit the https://www.rxil.in. 16.0 Instruction to Bidder (NIT), Clause No.1.3.5 to be read as follows:-
• a)Full value of experience will be considered against eligibility for work experience gained as a proprietorship firm or a partnership firm/LLP or a Company or any oth er legal entity, only in case the bidder is participating in the same name and style. In case of a partnership firm/LLP, if the bidder is claiming experience of previous fir m having different name and/or style than the partnership firm/LLP which is partici pating in bid, then such work experience shall not be considered.
• b)In case of a proprietorship firm, if the bidder is claiming the work experience earn ed as a partner in a partnership firm/LLP, then the same shall not be considered.
• c)But if the experience has been earned by the bidder as a partner in a Joint Ventur e /Consortium, then the proportionate value of experience in proportion to the act ual share of bidder in that joint venture/ consortium will be considered against elig ibility. The bidder shall furnish information regarding the actual percentage of sha re and value of experience accordingly. 17.0 Mismatch between “Total Price” quoted by bidder in GeM Portal and total of price of all i tems given in uploaded “Price Bid Break-up/SOQR”
• A.In case of two part tenders, the Bidder shall take special care not to mix up any price details require d to be submitted against part-II (Price bid) with part-I (Technical & Commercial bid except price) an d vice versa. Any violation of the above shall lead to summarily rejection of bid as being non- respon sive.
• 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 th e “Price Bid Break –up/SOQR” or submission of irrelevant document or submission of No/Nil Value ag ainst all items of the “Price Bid Break- up /SOQR” shall lead to rejection of such bids. However, in cas e No /Nil rate is quoted against some of the item(s), the price of such item(s) shall be deemed be zer

o.

• C.Addition/deletion/modification of any item in the prescribed “Price Bid Break –up /SOQR” format is not acceptable unless authorized by buyer and accordingly, bids with any unauthorized addition/deletion/ modification in the prescribed “Price Bid Break-up /SOQR” format shall be summarily rejected.
• D.Calculation for price Bid Evaluation for Single Packet / Part Bids, Part-II (price bid) evalua tion 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” q uoted by Bidders in GeM Portal shall only be considered. The same “Total Price “shall only be conside red for other purposes (i.e., negotiation, price matching in case of MSE/MII purchase preference /Bid s plitting, financial score in case of QCBS tenders, Reverse Auction (RA) etc). However, the “Price Bid Break–up/SOQR” submitted in GeM Portal or “Price Bid Break –up /SOQR” arri ved 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/S OQR”.
• 3.For arriving at the item-wise amount as well as at the total of all items of the “Price Bid Break –up/SO QR”, the quantity multiplied by the quoted rates shall govern and if required, other figures will stand c orrected accordingly.
• 4.In case “Total Price” quoted by Bidder in GeM Portal is lower than the total of price of all items of the “ Price Bid Break-up/SOQR”, the “Total Price” quoted by Bidder in GeM 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 adjusted accordingly in proportion to the weighted average of item -wise amount. In cases where, “Total Price” quoted by Bidder in GeM Portal is higher than the total of price of all items of the “Price Bid Break-up/SOQR,” negotiation shall be conducted with the seller to br ing the Total Price quoted on GeM portal at par with the total of prices of all items on the “Price Bid Br eakup/SOQR.” If Seller does not cooperate, the requirement will be re-tendered.
• 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 Bidder should not increase price of any item(s) from the originally submitted (i.e., uploaded at time of Bid submission) “Price Bid Break–up/ SOQR”. In case, during negotiation price is increased for any item(s) by the bidder, the same shall not b e 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, the originally sub mitted price of each of the items of the “Price Bid Break –up/SOQR” will stand corrected by a uniform pe rcentage. This uniform percentage shall be equal to the percentage difference between the originally qu oted “Total Price” and the “Total Matched Price” expressed with reference to the originally quoted “Tota l Price”. 18.0 Comprehensive guidelines regarding implementation of GeM Incident Management (IM) Policy in procurement of Services through GeM Portal 1.0 Banning of business dealing by NPCIL/Buyer NPCIL reserves the right to initiate Banning as per NPCIL’s Banning of business dealings as mentioned below and are independent of action under GeM’s IM (Incident Management) Policy. The words banning, blacklisting, de-registered, debarred, holiday, suspension 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, o n 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 processes 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 offences involving corrupt and fraudulent practice s including misrepresentation of the facts, moral turpitude in relation to its business dealings wit h NPCIL. 1.1.4. Malafide / unlawful acts / malpractices or improper conduct on part of contractor based on the a pproved findings of the Investigation Agency. 1.1.5. If the Contractor misuses the premises or facilities of the NPCIL forcefully occupies, tampers or damages the Company’s properties etc. or fails to vacate the properties/land/complex within reas onable 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 the concealment of su ch information in the bids in order to influence the outcome of eligibility screening or / at any oth er 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 without justifiable c ause, 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 dire ctly 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 that financial or oth er benefit may be obtained or an obligation avoided.
• c.Any conclusion, bid rigging or anticompetitive behavior that may impair the transparency, 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 gai n 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 r elated to tender or execution process of contract; which can affect the decision of the procuring en tity directly or indirectly.
• f.Any coercion or any threat to impair or harm, directly or indirectly, any party or its property to infl uence 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 sec ure 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 last 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/receipt of a complaint of any irregul arities and /or misconduct and /or unethical practice as mentioned 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 given without justifiable reasons. The contractor shall also be given an opportunity for oral hearing to present the case in person to NPCI L and the date of Oral Hearing will be indicated in the Show Cause Notice. Only the regular employ ees of Contractor 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 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, the following shall be th e 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 including its allied firms after the issue of Banning Order by NPCIL. The Contractor including their allied firms shall not be al lowed to participate in any tender enquiry till completion of Banning period. If the Contractor has a lready participated in tender process 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. However, incase such banned Contractor is Lowest(LI), next lowest firm shall be considered as LI. Bid Security, if any, su bmitted by such banned Contractors shall be returned to be 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/Join Venture Partner/Consortium Partner of the Main Contractor even i f 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 cont racts 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 not be permitted to place work order /purchase orde r/service contract on the banned Contractor as a sub-vendor after the date of banning even though the 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 regarding banning during execution of the contract. 1.4.6 Banned bidder 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 or der. 1.4.8 Banning shall automatically be extended to all allied firms of the contractor. In case of joint ventur e/ Consortium is banned all partners will also stand debarred for the period specified in the “Banni ng order”. The names of all partners should be clearly specified in the “Banning order”. 1.4.9 Banning in any manner does not impact any other contractual or other legal rights of NPCIL. 1.4.10 Banning under the provisions of Banning of Business Dealings of NPCIL is applicable 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 fi rm. In determining this, the following factors shall be taken into consideration:
• a.Whether the management is common;
• b.Majority interest in the management is held by the partners or directors of banned/ Suspended firm;
• c.Substantial or majority shares are owned by the banned /suspended firm and by virtue of t his it has a controlling voice;
• d.Directly or indirectly controls, or is controlled by or is under common control with another bidder;
• e.All successor firms will also be considered allied firms. 19.0 Settlement of Commercial Disputes between Central Public Sector Enterprises (CPSEs) int er se and Between CPSE(s) and Government Department(s)/Organization(s)-Administrative Mec hanism for Resolution of CPSEs Disputes (AMRCD) “In the event of any dispute or differences relating to the interpretation and application of the provisio ns of commercial contract(s) between Central Public Sector Enterprises (CPSEs)/Port Authorities inter- se and also between CPSEs and Government Departments/Organizations (excluding disputes relating to Railways, Income Tax, Customs & Excise Departments), such dispute or difference shall be taken u p by either party for its resolution through AMRCD as mentioned in DPE OM No. DPE-02/0001/2023-A MRCD-FTS-13578 dt.8th December, 2025 and the decision of AMRCD on the said dispute will be bindin g on both the parties.” .

Buyer uploaded ATC document Click here to view the file.