BOQ ECHS 1

OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 25 percent of bid quantity at the time of placement of contract. The purchaser also reserves the right to increase the ordered quantity up to 25% of the contracted quantity during the currency of the contract at the contracted rates. The delivery period of quantity shall commence from the last date of original delivery order and in cases where option clause is exercised during the extended delivery period the additional time shall commence from the last date of extended delivery period. The additional delivery time shall be (Increased quantity ÷ Original quantity) × Original delivery period (in days), subject to minimum of 30 days. If the original delivery period is less than 30 days, the additional time equals the original delivery period. The Purchaser may extend this calculated delivery duration up to the original delivery period while exercising the option clause. Bidders must comply with these terms.

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

Buyer Added text based ATC clauses ADDITIONAL TERMS AND CONDITIONS (ATC) The Bidder is required to give confirmation of their acceptanc e of Special Conditions (ATC) mentioned below which will automatically be considered as part of the Contra ct concluded with the successful Bidder (i.e. Seller in the Contract) as selected by the Buyer. Failure to do so may result in rejection of Bid submitted by the Bidder during the technical evaluation stage. 1. 2. 3. 4. 5 . 6. 7. 8. 9. Performance Guarantee. (IF APPLICABLE ONLY) The Bidder will be required to furnish a Perform ance Guarantee by way of Bank Guarantee through a public sector bank or a private sector bank authorize d to condu ct government business (ICICI Bank Ltd., Axis Bank Ltd or HDFC Bank Ltd.etc) for a sum equal t o 03% of the contract value within 30 days of receipt of the confirmed order Performance Bank Guarantee should be valid up to 60 days beyond the date of warranty. The cumulative downtime rounded up in days will be added to validity period of Performance Bank Guarantee. The specimen of PBG is given in Form DP M-15 (Available in MoD website and can be provided on request). Non submission of PBG within the specifi ed time will be considered as a Breach of Contract and the contract is liable to be cancelled at the risk and cost of the contractor. Option Clause. The contract will have an Option Clause wherein the Buyer can exerc ise an option to procure an additional upto 50% of the original contracted quantity in accordance with the same terms and conditions of the present contract. This will be applicable within the currency of contract. The Bidder is to confirm the acceptance of the same for inclusion in the contract. It will be entirely the disc retion of the Buyer to exercise this option or not. Repeat Order Clause. The contract will have a repeat Ord er Clause, wherein the Buyer can order upto 50 % quantity of the items under the present contract within s ix months from the date of supply/successful completion of the contract, the cost, terms and conditions re maining the same. The Bidder is to confirm acceptance of this clause. It will be entirely the discretion of th e Buyer to place the Repeat Order or not. Tolerance Clause. To take care of any change in the requirement during the period starting from issue of RFP till placement of the contract, Buyer reserves the right to Plus/ Minus increase or decrease the quantity of the required goods upto10% of the contract value without any change in the terms and conditions and prices quoted by the Seller. While awarding the contract, the quan tity ordered can be increased or decreased by the Buyer within this tolerance limit. Payment Terms. It will be mandatory for the Bidders to indicate their bank account numbers and other relevant e-payment detail s so that payments could be made through ECS/EFT mechanism instead of payment through cheques, whe rever feasible. A copy of the model mandate form prescribed by RBI to be submitted by Bidders for receivi ng payments through ECS is at Form DPM-11 (Available in MoD website and can be given on request). 100 % payment shall be made on delivery and acceptance by the user. Enhancement/Reduction of Rates. No e nhancement in rates/prices will be made unless the contract specifically provides for it. The change due to variation in GST/Custom duties/other Government taxes & levies and the contract duties/other Governmen t taxes & levies and the contract provides for payment of duties on the basis of the actual rates, provided t hat the change in taxes is affected within the original delivery period and the supply is completed during th e original delivery period. No change in taxes will be applicable to the qty of stores supplied after the origi nal delivery period even if the enhanced taxes are accepted and amendment letter to the effect is issued. Advance Payments. No advance payment(s) will be made. Paying Authority. The payment of bills will be m ade by PCDA, Chandigarh through GeM portal on submission (as applicable): (a) (b) Contractors Bill (IAFA - 68 (Revised). Copy of SO with U.O number and date of IFA’s concurrence.(If applicable) (c) Copy of comme rcial invoice/Seller’s bill (CRAC). (d) (e) (f) (h) Provisional Receipt (PRC). Inspection Note. Copy of Bank Gua rantee. Details for electronic payment viz Account Holders Name, Bank Name, Branch Name and Address, Address Type, Account Number, IFSC Code, MICR Code (if these details are not incorporated in SO). (j) 10. CRVs. Risk & Expense Clause. In the event of the vendor facility to honour contracted obligations within th e stipulated period and where extension of delivery period is not approved by the Buyer. The Buyer is entit led to cancel the contract and to purchase the articles of its substitutes at the Vendors risk and cost. In the event of such cancellation the articles contracted for as its substitutes shall be procured by the Buyer of su ch price and within such time as he considers fair and reasonable and the decision will be of Buyer in this r espect shall be final and binding on Vendor. 11. 12. 13. 14. Force Majeure Clause. (a) (b) (c) (d) (e) Neithe r party shall bear responsibility for the complete or partial non-performance of any of its obligations (excep t for failure to pay any sum which has become due on account of receipt of goods under the provisions of t he present contract), if the non-performance results from such Force Majeure circumstances as Flood, Fire, Earth Quake and other acts of God as well as War, Military operation, blockade, Acts or Actions of State Au thorities or any other circumstances beyond the parties control that have arisen after the conclusion of the present contract. In such circumstances the time stipulated for the performance of an obligation under the present contract is extended correspondingly for the period of time of action of these circumstances and t heir consequences. 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 beginning and cessation of th e above circumstances immediately, but in any case, not later than 10 (Ten) days from the moment of thei r beginning. Certificate of a Chamber of Commerce (Commerce and Industry) or other competent authority or organization of the respective country shall be a sufficient proof of commencement and cessation of the above circumstances. If the impossibility of complete or partial performance of an obligation lasts for more than 6 (six) months, either party hereto reserves the right to terminate the contract totally or partially upo n giving prior written notice of 30 (thirty) days to the other party of the intention to terminate without any liability other than reimbursement on the terms provided in the agreement for the goods received. Specific ation. The bidder guarantees that the Supplies shall conform to the technical specifications given in the Sc hedule of Requirement, which have been agreed to by the Bidder. OEM Certificate (if applicable). In case t he Bidder is not the OEM, the agreement certificate with the OEM/Authorization from OEM for the said store shall be mandatory during the technical evaluation. Packing and marking. The Vendor shall provide packin g and preservation of the spares/goods contracted so as to ensure their safety against damage during tran sportation, transshipment, storage and weather hazards during transportation. The Vendor shall ensure th at the stores are packed in containers, which are made sufficiently strong. 15. Product Quality and Standar ds. The VENDOR guarantees to meet the specifications as per SOR and to incorporate the modifications to the existing design configuration to meet the specific requirement, and modifications/requirements recom mended after the first off production model to be supplied to the BUYER. The vendor if not OEM should pro vide proper certification (BIS, ISO). Inspection and testing of the eqpt will be carried out pre and post-deliv ery by the vendor. Vendor to also guarantee replacement/repair of any eqpt found faulty. Products will onl y be accepted if found to match the given criteria. 16. Customization and Special Requirements. There sho uld be scope for Customization and Special Requirements for products. Intellectual property rights for cust omized products should be provided by the Vendor. The customized products should be compatible with e qpts in current use. (e.g., for IT equipment). 17. Franking Clause. The following Franking clause will form p art of the contract placed on successful bidder: – (a) (b) Franking Clause in the case of Acceptance of Good

• s.“The fact that the goods have been inspected after the delivery period and passed by the Inspecting Offi cer will not have the effect of keeping the contract alive. The goods are being passed without prejudice to the rights of the Buyer under the terms and conditions of the contract”. Franking Clause in the case of Reje ction of Goods. “The fact that the goods have been inspected after the delivery period and rejected by the Inspecting Officer will not bind the Buyer in any manner. The goods are being rejected without prejudice to the rights of the Buyer under the terms and conditions of the contract.” 18. Claims. The following Claims cl ause will form part of the contract placed on successful bidder: - (a) (b) (c) (d) The claims may be presente d either - (i) on quantity of the stores, where the quantity does not correspond to the quantity shown in the Packing List/Insufficiency in packing, or (ii) on quality of the stores, where quality does not correspond to t he quality mentioned in the contract. The quantity claims for deficiency of quantity shall be presented with in 45 days of completion of ATP and acceptance of goods. The quantity claim shall be submitted to the Sell er as per Form DPM-22 (Available in MoD website and can be given on request). The Seller shall collect the defective or rejected goods from the location nominated by the Buyer and deliver the repaired or replaced goods at the same location under Seller’s arrangement. The quality claims will be raised solely by the Buy er and without any certification/countersignature by the Seller’s representative stationed in India. 19. Warr anty. The following Warranty will form part of the contract placed on the successful Bidder and will be give n in duplicate to the Inspecting Officer under the contract alongwith the offer letter/challan: (a) (b) 20. War ranty and maintenance backup, the Vendor shall provide Twelve months free, comprehensive warranty for the complete components and accessories from the date of acceptance. During warranty, the Vendor will r epair/replace without any cost, any item part and/or accessory which becomes defective except items of a consumable nature or due to misuse/unfair wear and tear. Product Support. bidder: – (a) The following Pro duct Support will form part of the contract placed on successful In the event of any obsolescence during th e above-mentioned period of product support in respect of any component or sub-system, mutual consult ation between the Seller and the Buyer will be undertaken to arrive at an acceptable solution including ad ditional cost, if any. (b) Any improvement/modification/ up gradation being undertaken by the Seller or the ir sub suppliers on the stores/equipment being purchased under the contract will be communicated by the Seller to the Buyer and, if required by the Buyer, these will be carried out by the Seller at Buyer’s cost. 21. 22. 23. 24. 25. 26. 27. Technical Literature (if applicable). The details of technical literature when asked as applicable to be supplied with the system should be listed as per the suggested format at Form DPM-18 (A vailable in MoD website and can be given on request). This should be provided with both Technical and Co mmercial Proposals. Training and literature material has to be provided by the vendor for eqpts. Correctne ss of the Quality and Quantity. On receipt of stores at consignee’s premises, the stores are checked for asc ertaining the correctness of quality, quantity and documents. In case the stores are found deficient in any way, the consignee has the right to reject the stores even if these were inspected and cleared by the Inspe ctor. Delivery and Logistics. The L1 bidder is mandated to deliver the product within the delivery period, fai ling which late delivery clause will be invoked or the bid is liable for cancellation. Delivery has to be made at Wksp location, inside the Bathinda Cantonment. Legal and Compliance. The vendor will adhere to local l aws and regulations and will strictly follow confidentiality a data protection clause wherein the products or dered by the buyer will not be disclosed by the vendor to any third party. Vendor is hereby informed that Blacklisting of the vendor will be undertaken for non- compliance of the following clause. Vendor Cancellati on, Disqualification and Return Policies. (a) Buyer-initiated cancellation will be initiated if the vendor is una ble to deliver the service as per the terms and conditions given by the buyer in ATC. the cancellation will b e initiated on surpassing the delivery timeline provided. The product is liable to be returned or exchanged if found not meeting any of the given criteria and standards (certification, product quality etc.) (b) Non ava ilability of advance store samples as per the specification required, during the pre-bid meet (when desired by buyer or mentioned by the buyer) shall lead to immediate disqualification of vendor/s as all stores that are being procured are of urgent military nature and without physical checks of stores the bids cannot be progressed. Vendor Obligations. Vendors are required to provide advance samples of store during the tech nical evaluation stage or pre bid meet stage, free of cost at wksp location, Bathinda Cantt. The vendor will install the software and hardware if required at wksp location Bathinda Cantt free of cost. On-site support i f required by the wksp will also be provided by the vendor, free of cost. Rating Clause. Low rating of vende rs i.e less than 03 stars on shall not be preferred .

Buyer uploaded ATC document Click here to view the file.