Endo Bronchial Ultrasound System (EBUS)

Buyer Added text based ATC clauses

• i.Delivery Terms & Delivery Address: Delivery shall be made on F.O.R- P .K.T.B AND C.D HOSPITAL, Mysuru Delivery Address: P.K.T.B AND C.D HOSPITAL
• K.R. S RAOD, MYSURU-570002 KARNATAKA ii. Terms of Payment: 100% (hundred percent) payment shall be released within 30 days from the date of completion of sup ply and installation of tendered items at P.K.T.B AND C.D HOSPITAL, Mysuru Karnataka -570002 and o n submission of acceptance certificate issued by P.K.T.B AND C.D HOSPITAL. NEFT/RTGS details shall be furnished along with the Original Invoice. iii. Delivery period: Supply and installation of the tendered items shall be completed at P.K.T.B AND C.D HOSPITAL, Mysur u Karnataka -570002 within 90 days from the date of issue of PO . iv. Performance Security: Within twenty-one days after the issue of notification of award by BNPM, the supplier shall furnish perf ormance security to BNPM for an amount equal to Five per cent (5%) of the total value of the contra ct, valid up to sixty days after the date of completion of all contractual obligations by the supplier. Per formance security may be furnished as,
• a.Insurance Surety Bonds (or)
• b.Account Payee Demand Draft (or)
• c.Fixed Deposit Receipt from a commercial bank lien to Bank Note Paper Mill India Pvt. Ltd. (or)
• d.Bank Guarantee (including e-Bank Guarantee) issued/confirmed from any of the commercial b ank in India in an acceptable form. (or)
• e.Online payment
• v.Liquidated Damages (LD): If the supplier fails to deliver any or all of the goods within the time frame(s), incorporated in the contr act, BNPM shall, without prejudice to other rights and remedies available to BNPM under the contract, deduct from the contract price, as liquidated damages, a sum equivalent to the 0.5% (Half) percent of the delivered price of the delayed goods for each week of delay or part thereof until actual delivery, s ubject to a maximum deduction of 5% of the delayed goods’ contract price(s). In case of inordinate d elay (Inexcusable delays of more than one-fourth (25%) of the total completion period shall be treated as inordinate delays) this maximum deduction shall be 10% of the total contract value. vi. Warranty period: The supplier warrants that the goods supplied under the contract is new, unused and incorporates all recent improvements in design and materials unless prescribed otherwise by BNPM in the contract. T he supplier further warrants that the goods supplied under the contract shall have no defect arising fr om design, materials or workmanship or from any act or omission of the supplier, that may develop u nder normal use of the supplied goods under the conditions prevailing in India. This warranty shall remain valid for period of minimum (03) Three years after the installation of Endo Bronchial Ultrasound System at the final destination and accepted by P.K.T.B AND C.D HOSPITAL in te rms of the contract. vii. Conflict of Interest: Bidders having a conflict of interest shall not be eligible to participate in the tender process unless the conflict stemming from such relationship has been resolved in a manner acceptable to the Procuring Entity throughout the Tender process and execution of the Contract. The bidder shall be considered to have a conflict of interest in this tender process and execution of the resultant contract in the followin g situations:
• a)If its personnel have a close personal, financial, or business relationship with any personnel of t he procuring entity who are directly or indirectly related to the procurement or execution proc ess of the contract, which can affect the decision of the procuring entity directly or indirectly;
• b)The bidder (or his allied firm) provided services for the need assessment/ procurement plannin g of the Tender process in which it is participating;
• c)A Principal can authorize only one agent, and an agent should not represent or quote on behal f of more than one Principal. However, this shall not debar more than one Authorised distributo r (with/ or without the OEM) from quoting equipment manufactured by an Original Equipment Manufacturer (OEM) in procurements under a Proprietary Article Certificate or;
• d)A bidder participates in more than one bid in this tender process. Participation in any capacity by a Bidder (including the participation of a Bidder as a partner/ JV member or sub-contractor i n another bid or vice-versa) in more than one bid shall result in the disqualification of all bids i n which he is a party. However, this does not limit the participation of an entity as a sub-contra ctor in more than one bid if he is not bidding independently in his own name or as a member o f a JV. viii. Delay in supplier’s performance: Time is essence of the contract and completion of delivery dates agreed to are binding on the supplier . In the event the supplier is not able to supply as per the delivery schedules given by BNPM, Purchase r will have a right either to cancel the order without prejudice to any other rights or to make purchase from an alternate source at the risk and cost of the seller. In case of rejection and failure to replace goods, the order will be treated as incomplete and BNPM ma y cancel the order and will arrange to purchase the goods from elsewhere at supplier’s risk and cost a nd the purchase order on supplier shall be cancelled and action taken as per the order terms. ix. Vendor Performance: Vendor shall be evaluated for their performance. The performance shall be based on timeliness of deli veries, quality of the material supplied, technical support, quality of after-sales service if any, replace ment of the defective material if any, responsiveness etc. Based on the above criteria, the vendor sha ll be rated in category “A”, “B” & “C”. The vendor with rating “C” shall be disqualified/debarred from participating in the tender for period of 12 months.
• x.Extension of Time: If the contract is delayed in the progress of work by changes ordered in the work, or any clause which BNPM shall decide to justify the delay, then the time of completion shall be extended by a reasonable time. If at any time during the currency of contract, the supplier encounters conditions hindering timely deli very of the goods and performance of services, the supplier shall promptly inform BNPM in writing abo ut the same and its likely duration and make a request to BNPM for extension of the delivery schedule accordingly. On receiving the supplier's communication, BNPM shall examine the situation as soon as possible and, at its discretion, may agree to extend the delivery schedule, with or without liquidated d amages for completion of supplier's contractual obligations by issuing an amendment to the contract. xi. Risk Purchase Clause: If the supplier fails to abide by the terms and conditions of this agreement, or fails to supply the mater ial as per the delivery schedule or any time repudiates the contract, the purchaser will have the right t o
• a.Appropriate the Security Deposit (by invoking the Bank guarantee/performance security) deposited by the supplier and procure the tender item from other agencies at the risk and cost of the supplie

r.

• b.The cost difference between the alternative arrangement and supplier’s tendered value will be rec overed from the supplier along with the other incidental charges. In case of procurement through alternative sources, and if procurement price is lower, no benefit on this account will be passed on to the supplier. xii. Fore-Closure Clause: If at any time during the continuation of this contract, the use of material ordered in this contract is co mpletely banned or due to drastic change in Government policy its use as, raw material is discontinue d or is declared hazardous to public health or cause rising to civil commotion, epidemics, wide-spread strikes and 21 days’ notice of such eventualities is given by purchaser to the supplier, the supplier wit hout any right to enforce the contract, will agree to the fore-close the performance of balance portion of this contract and in that event no claim for damages or loss will be lodged against the purchaser. xiii. Force Majeure: In the event of any unforeseen event directly interfering with the supply of stores arising during the cu rrency of the contract, such as war, hostilities, acts of the public enemy, civil commotion, sabotage, f ires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts, or acts of God, th e Contractor shall, within a week from the commencement thereof, notify the same in writing to the Purchaser with reasonable evidence thereof. Unless otherwise directed by BNPM in writing, the su pplier shall continue to perform its obligations under the contract as far as reasonably practical, and s hall seek all reasonable alternative means for performance not prevented by the Force Majeure event. If the force majeure condition(s) mentioned above be in force for a period of 90 days or more at any ti me, either party shall have the option to terminate the contract on expiry of 90 days of commenceme nt of such force majeure by giving 14 days' notice to the other party in writing. In case of such termin ation, no damages shall be claimed by either party against the other, save and except those which ha d occurred under any other clause of this contract prior to such termination. xiv. Settlement of Disputes through Arbitration: All disputes and differences of any kind whatsoever arising out of or in connection with the contract, w hether during the progress of the work or after their completion except accepted matters shall be sett led through arbitration process as per the Arbitration & Conciliation Act, 1996. The venue of arbitratio n shall be Mysore, Karnataka. xv. Legal Jurisdiction: The Courts of Mysore (Karnataka State) shall alone have jurisdiction to decide on any legal matter of dispute whatsoever arising out or in respect of the contract. xvi. Security and Confidentiality: BNPMIPL is a security organization and the premise is declared as ‘Prohibited Area’ by the Govt. of Kar nataka. Hence the service provider has to abide by the security rules of the Company. .

Actual delivery (and Installation & Commissioning (if covered in scope of supply)) is to be done at following address P.K.T.B AND C.D HOSPITAL, Mysuru Karnataka -570002 - - - - .

Bidder's offer is liable to be rejected if they don't upload any of the certificates / documents sought in the Bid document, ATC and Corrigendum if any.

Bidders 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 %.

• 5.Rate Contract Escalation Matrix For Service Support : Bidder/OEM must provide Escalation Matrix of Telephone Numbers for Service Support.
• 6.Rate Contract Dedicated /toll Free Telephone No. for Service Support : BIDDER/OEM must have Dedicated/toll Free Telephone No. for Service Support.

Warranty period of the supplied products shall be 3 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.

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.

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.

Installation, Commissioning, Testing, Configuration, Training (if any - which ever is applicable as per scope of supply) is to be carried out by OEM / OEM Certified resource or OEM authorised Reseller.

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

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

Successful Bidder can submit the Performance Security in the form of Account Payee Demand Draft also (besides PBG which is allowed as per GeM GTC). DD should be made in favour of Bank Note Paper Mill India Private Limited payable at Mysuru . After award of contract, Successful Bidder can upload scanned copy of the DD in place of PBG and has to ensure delivery of hard copy to the original DD to the Buyer within 15 days of award of contract.

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 Bank Note Paper Mill India Private Limited 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.

Successful Bidder can submit the Performance Security in the form of Payment online through RTGS / internet banking also (besides PBG which is allowed as per GeM GTC). On-line payment shall be in Beneficiary name Bank Note Paper Mill India Private Limited Account No. 05230350002465 IFSC Code HDFC0000523 Bank Name HDFC Bank Branch address Mysuru . Successful Bidder to indicate Contract number and name of Seller entity in the transaction details field at the time of on-line transfer. Bidder has to upload scanned copy / proof of the Online Payment Transfer in place of PBG within 15 days of award of contract.

Bidders can also submit the EMD with Payment online through RTGS / internet banking in Beneficiary name Bank Note Paper Mill India Private Limited Account No. 05230350002465 IFSC Code HDFC0000523 Bank Name HDFC Bank Branch address MYSURU . Bidder to indicate bid number and name of bidding entity in the transaction details field at the time of on- line transfer. Bidder has to upload scanned copy / proof of the Online Payment Transfer along with bid.

Bidders can also submit the EMD with Banker’s Cheque in favour of Bank Note Paper Mill India Private Limited payable at MYSURU . Bidder has to upload scanned copy / proof of the BC along with bid and has to ensure delivery of hardcopy to the Buyer within 5 days of Bid End date / Bid Opening date.

Bidders can also submit the EMD with Fixed Deposit Receipt made out or pledged in the name of A/C Bank Note Paper Mill India Private Limited . 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

Bidders can also submit the EMD with Account Payee Demand Draft in favour of Bank Note Paper Mill India Private Limited payable at MYSURU . Bidder has to upload scanned copy / proof of the DD along with bid and has to ensure delivery of hardcopy to the Buyer within 5 days of Bid End date / Bid Opening date.

Buyer uploaded ATC document Click here to view the file.