Electrical and Pluming Items

• 1.Experience Certificate for the supply of the same to any Govt/ PSU/ any renowned private organisation along with Supply/ Purchase Order.
• 2.If the agency is registered under MSME or NSIC, then EMD exemption certificate needs to be enclosed.
• 3.Make in india specific authorisation certificate needs to be enclosed.

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.

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 %.

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.

End User Certificate: Wherever Bidders are insisting for End User Certificate from the Buyer, same shall be provided in Buyer’s standard format only.

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.

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.

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

• 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.

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.

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.

Scope of supply (Bid price to include all cost components) : Supply Installation Testing and Commissioning of Goods

• 15.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.

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.

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

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 The Director, ICMR-NIPCR, Hyderabad 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.

Buyer Added text based ATC clauses

• 1.Tender Inviting Authority: This tender enquiry for procurement of Electrical and plumbing Ite ms as per the specification schedule is being invited by the Director, ICMR-NIPCR, Hyderabad to b e supplied at the Institute.
• 2.Bidders needs to sign a Bid security Declaration accepting that if they withdraw or modify t heir Bids during the period of validity, or if they are awarded the contract and they fail to sign the contract, or to submit a performance security before the deadline defined in the request for bids/r equest for proposals document , they will be suspended for the period of 1 year for bids/request fo r proposals document from being eligible to submit Bids/Proposals for contracts with ICMR-NIPCR.
• 3.Eligibility: The Bidder must be a Manufacturer or its authorized Agent.
• 4.One Bid per Bidder: A firm shall submit only one bid either individually or as a partner of a joint venture. A firm that submits either individually or, as a member of a joint venture, more than one bid will cause all the proposals with the firms participation to be disqualified.
• 5.ICMR-NIPCR reserves the right to cancel the bid in part or full without assigning any reason and l iability on the buyer. On such cancellation the decision of the Director, ICMR-NIPCR will be binding and final on the subject.
• 6.Inspections and Tests: ICMR-NIPCR or its representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract specifications. Further, The Supplier ma y have an independent quality test conducted and the cost of such tests will be borne by the Supp lier. b. Inspection of goods shall be carried out by representative of ICMR-NIPCR and they will issue an acceptance certificate.
• 7.Packing:
• (a)The Supplier shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extre me temperatures, salt, and precipitation during transit and open storage. Packing case size and w eights shall take into consideration, where appropriate, the remoteness of the Goods, final destina tion and the absence of heavy handling facilities at all points in transit
• (b)The packing, marking, and documentation within and outside t he packages shall comply strictl y with such special requirements as shall be expressly provided for in the Contract, including addit ional requirements strictly as per Technical Specifications, and in any subsequent instructions ord ered by the Procurement agency.
• (c)Packing and Marking shall be strictly as per Technical Specifications and will be inspected in ter ms of provisions of specifications before clearing for dispatch.
• 8.Payment: 100% payment shall be made after receipt of complete goods/Equipment in good con dition, a cceptance and successful installation of goods/Equipment and subject to submission of P erformance Bank Guarantee. This payment is subject to recoveries, if any, either on account of sta tutory deduction/ taxes/ Liquidated Damages, if any and non-rectification of defects/ deficiencies n ot attended by the Supplier or otherwise. The firm is required to submit the following documents t o ICMR-NIPCR, Hyderabad for payment:
• (a)Copy of Purchase Order;
• (b)Copy of Extension Order (if any);
• (c)Invoice in original showing contract number, goods description, quantity, unit price and total a mount;
• (d)Installation Report in original duly signed and sealed by the authorized officer of the consignee ;
• (e)Acknowledgement of Receipt of Goods issued by the consignee Institute/ Center;
• (f)Performance Bank Guarantee
• 9.Settlement of Disputes: (a) If any dispute or difference of any kind whatsoever shall arise betwe en the Procurement agency and the Supplier in connection with or arising out of the Contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultati on.
• (b)If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such m utual consultation, then either the Procurement agency or the Supplier may give notice to the othe r party of its intention to commence arbitration, as hereinafter provided, as to the matter in disput e, and no arbitration in respect of this matter may be commenced unless such notice is given.
• (c)Any dispute or difference in respect of which a notice of intention to commence arbitration has been given in accordance with this Clause shall be finally settled by arbitration. Arbitration may be commenced prior to or after delivery of the Goods under the Contract. In the case of a dispute or d ifference arising between the Purchaser/Consignee and a domestic Supplier relating to any matter arising out of or connected with the contract, such dispute or difference shall be referred to the sol e arbitrator appointed by Director, ICMR-NIPCR.
• (d)Arbitration proceedings shall be conducted in accordance with the rules of procedure which are as follows.
• (i)The venue of Arbitration shall be the place from where the contract is issued and the language of the arbitration proceedings and that of all councils and communications between the parties sh all be English.
• (ii)The decision of the majority of arbitrators shall be final and binding upon parties.
• (iii)Settlement of disputes through pre-institution mediation and settlement in accordance with th e commercial courts, commercial division and commercial appellate division of High Courts (Amen dment) Act 2018, No. 28 of 2018 Chapter IIIA.
• (e)Settlement of Disputes: Notwithstanding any reference to arbitration herein, a. the parties shal l continue to perform their respective obligations under the Contract unless they otherwise agree; and The Procurement agency shall pay the Supplier any monies due to the Supplier.
• 10.Consignee details (Place of Delivery, Installation, Commissioning) ICMR-National Institute for Pre-Clinical Research, Hyderabad
• 11.Insurance: Unless otherwise instructed, the supplier shall make arrangements for insuring the goods against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery in the following manner:
• (a)In case of supply of goods on Consignee site basis, the supplier shall be responsible till the enti re stores contracted for arrival in good condition at destination. The transit risk in this respect shal l be covered by the Supplier by getting the stores duly insured. The insurance cover shall be obtai ned by the Supplier and should be valid till 3 months after the receipt of goods by the Consignee.
• (b)If the Equipment is not commissioned and handed over to the consignee within 3 months, the i nsurance will be got extended by the supplier at their cost till the successful installation, testing, c ommissioning and handing over of the goods to the consignee. In case the delay in the installation and commissioning is due to handing over of the site to the supplier by the consignee, such exten sions of the insurance will still be done by the supplier, but the insurance extension charges at act ual will be reimbursed.
• (c)Insurance would be borne by the Supplier. Insurance Certificate for 110% of the value to be ins ured in favour of Indian Council of Medical Research, covering all risks basis for the goods from su pplier/ manufacturer warehouse to consignee warehouse.
• 12.If the supplier fails to deliver any or all of the goods or fails to perform the services within the t ime frame(s) incorporated in the contract, the purchaser/consignee shall, without prejudice to othe r rights and remedies available to the purchaser/consignee under the contract, deduct from the co ntract price, as liquidity damages, calculated individually on each delayed performance of the contract including delivery, installation, non-submission of documents, etc. a sum equivalent to 0. 5% per week of delay or part thereof until actual delivery or performance subject to a maximum o f 10% of the contract price. Once the maximum is reached purchaser may consider termination of the contract. Since the Liquidated damages are in virtue of non-performance of services, it will attract GST or any other applicable taxes which in turn shall be deducted from the Supplier.
• 13.GST will be applicable as per the latest GoI notification.
• 14.Delivery of Equipment means Supply, Installation, Testing and Commissioning of Equipment.
• 15.Following categories of Sellers are exempted from Years of Experience and Turnover:
• (a)Micro and Small Enterprises who are manufacturer of the Primary Product Category and give s pecific confirmation to this effect at the time of bid submission and whose credentials are validate d online through Udyam Registration/ Udyog Aadhaar (as validated by Government from time to ti me) and through uploaded supporting documents.
• (b)Start-ups as recognized by Department of Industrial Policy and Promotion (DIPP).
• 16.The manufacturer s authorisation must be insisted upon on a tender specific basis, not general authorisation/ dealership, by so declaring in the bid documents clearly. In cases where the manufa cturer has submitted the bid, the bids of its authorized dealer will not be considered. In cases of a gents quoting in offshore procurements, on behalf of their principal manufacturers, one agent can not represent two manufacturers or quote on their behalf in a particular tender enquiry. One man ufacturer can also authorise only one agent/dealer.
• 17.Bidder is requested to give undertaking Certificate regarding land border "I/ We have read the clause issued by Government of India regarding restrictions on procurement from a bidder of a co untry which shares a land border with India; I/ We certify that the bidder is not from such a countr y or, if from such a country, have been registered with the Competent Authority. .

Buyer uploaded ATC document Click here to view the file.