Procurement of Bonet seal rings Gland packing Graphoil bearings and spiral wound Gaskets

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.

Buyer Added text based ATC clauses Name of the Tender: Procurement of Bonnet Seal Rings, Gland Packing, Graphoil Bearings & S piral Wound Gaskets for BMS, U#1–6, MTPS-DVC.

• 1.Generic: 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. The names and designation of officers for any enquiry of this tender are:- SL. N
• O.NAME DESIGNATION ADDRESS EMAIL-ID
• 1.Archana Lakra Sr.Manager TECHNICA L-2 MEJIA THERM AL POWER STAT ION archana.lakra@dvc.gov.in
• 2.Vishal Kumar Assistant Manager, TE CHNICAL-1 MEJIA THERM AL POWER STAT ION Vishal.poddar@dvc.gov.in Note: Tender type : This tender is being processed on Limited basis
• A.PRICE BASIS: The rates quoted by the bidder must be Firm till execution of the contract and on F OR Destination Basis (MTPS store) in INR currency and that will be inclusive of Packing & Forwarding c harges and Freight charges (if any) etc. and inclusive of Goods and Services Tax (GST). HSN CODE & GST REG. CERTIFICATE - Please mentions HSN code for each item. Submission of GST registration certificate is also required. Bidders are advised to quote bid inclusive of GST as per GeM terms & conditions.
• B.LD CLAUSE: If the Seller/Service Provider fails to deliver any or all of the Goods/Services within the original/re-fixed delivery period(s) specified in the contract, the Buyer will be entitled to deduct/recove r the Liquidated Damages for the delay, unless covered under Force Majeure conditions aforesaid, @ 0 .5% of the contract value of delayed quantity per week or part of the week of delayed period, until act ual delivery or performance, as pre-estimated damages not exceeding 5% of the total contract value without any controversy/dispute of any sort whatsoever. However, in case of inordinate delay maximu m deduction shall be 10% of the total contract value. Note: Inexcusable delays of more than one-fourth (25%) of the completion period specified in the cont ract shall be treated as inordinate delay(s).
• C.RISK PURCHASE CLAUSE:(i)Alternatively, the Purchaser reserves the right to purchase the material f rom elsewhere at the sole risk and cost of the Vendor and recover all such extra cost incurred by the Purchas er in procuring the material by the above procedure.(ii) Alternatively, the Purchaser may cancel the Order com pletely or partly without prejudice to his right under the alternatives mentioned above. In the event of recourse t o alternative (i) and (ii) above, the Purchaser will have the right to repurchase the stores, to mee t urgency in requirement caused by Vendors failure to comply with the schedule of delivery irrespective of the fact wh ether the materials are similar or not.
• D.FORCE MAJEURE CLAUSE: Vendor shall not be considered in default if delay in delivery occurs due t o causes beyond his control such as acts of God, natural calamities, civil wars, fire, strike, frost, floods, riot and ac ts of unsurpassed power. Only those causes which have duration of more than seven (7) days shall be co nsidered cause of force /calendar majeure. A notification to this effect duly certified by the statutory auth orities shall be given by the Vendor to the Owner within 10 days from the date of such Force Maje ure condition by registered letter. In the event of delay due to such causes, the delivery schedule will be extended for a length of time equal to the period of force majeure or at the option of the O wner the order may be cancelled. Such cancellation would be without any liability whatsoever on the part of the Owner. In the event of such cancellation, the Vendor shall refund any amount adv anced or paid to the Vendor by the Purchaser and deliver back any materials issued to him by th e Purchaser and release facilities, if any, provided by the Purchaser.
• E.PAYMENT TERMS: 100% payment will be released within 10 (ten) days of issue of consignee re ceipt-cum- acceptance certificate (CRAC) and on-line submission of bills.
• F.LIMITATIONS OF LIABILITY: Except in cases of Criminal Negligence or wilful misconduct, (i) The Cont ractor and The Employer shall not be liable to the Other Party for any indirect or consequential loss or damage, loss o f use, loss of production, or loss of profits or Interest costs, provided that this exclusion shall not apply to any obl igation of the Contractor to pay liquidated damages to the Employer AND (ii) The aggregate liability of the Contract or to the Employer, whether under the Contract, in tort or otherwise, shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obli gation of the Contractor to indemnify the Employer with respect to patent infringement, copy right, workman comp ensation.
• G.INSPECTION: All materials to be manufactured/ supplied by the vendor against this enquiry shall b e subject to inspection after arrival at site along with all relevant documents like Guarantee/Warranty certificate,1:1 Fitment and interchangeability certificate and manufacturer test certificate, check and/ or test by the purchaser or his authorized representative. If upon delivery, the material does not meet the specifications the material shall be rejected, and vendor will be intimated for repair/modify or for r eplacement. In such cases all expenses including to-and-fro freight, repacking charges etc., if required shall be to your account.
• H.TRANSIT INSURANCE: Arrangements for transit insurance can be made by DVC as per Mega Risk Poli cy arranged with existing underwriter as per time being imposed.
• I.PACKING AND MARKING: All goods shall be securely packed. All packages and unpacked materi als s hall be marked on atleast two places indicating the name of the Purchaser/ Consignee, Purchase Order No ., gross & net weights and dimensions with indelible paint in English. In case of bundles, metallic plates marked with the above details shall be tagged.
• J.GUARANTEE/WARRANTY: The Vendor shall warrant that all material supplied under the Order shall be new, unused and conform t o the Purchasers / owners requirements and specifications as mentioned in the NIT. The Vendor shall guarant ee the material under the Order for a period as follows. Material Code Guarantee/Warranty For All Materials 18 months from the date of delivery or 12 months from the date of commissioning whichever is earli er The date of delivery to be reckoned as the date of receipt of the material at site by the consignee. The v endor shall agree to replace any material which has been proved defective or fails to conform to the desi red specifications free of cost to the Purchaser within the Guarantee/Warranty Period. The guarantee period for such replaced p art shall be the same as that of materials specified earlier. Inspection and acceptance of material, by DVC at DVC Site shall not in any way relieve the Vendor from the responsibility for proper performance during the guarantee period.
• K.CANCELATION/ SHORT CLOSURE: The Owner may terminate/short close the contract, by not less than 30 days’ written notice to the bidder , to be given after occurrence any of the events specified in the Sl. No. (a) to (e) of this clause and 60 days i n the case of the event referred to Sl. No. (f), (g) & (h) below:
• a)The Vendor fails to comply with any of the terms of the Order or the bidder do not remedy a failur e in the performance of their obligations under the Contract, within thirty (30) days after being no tified or within any further period as the Owner may have subsequently approved in writing.
• b)The Vendor becomes bankrupt or goes into liquidation.
• c)If as a result of Force Majeure, the Bidder is unable to supply a material for a period of not less th an 60 days.
• d)If the Bidder, in the judgment of the Owner has engaged in corrupt or fraudulent practices in co mpeting or in executing the Contract. For the purpose of this clause.
• e)"Corrupt Practice" means the offering, giving, receiving or soliciting of anything of value to influe nce the action of a public official in the selection process or in contract execution.
• f)"Fraudulent Practice" means a misrepresentation of facts in order to influence a selection proces s or the execution of a contract to the detriment of the Owner.
• g)The vendor is otherwise precluded from complying with any of the terms of the order on account of any directives of any lawful authority.
• h)If the Owner, at its sole discretion, decides to terminate this Contract. DVC reserves the right not to issue/accept tender documents to any intending bidders with whom DVC has stopped entering into business by virtue of policy decision.
• L.Bid Evaluation: During Single Stage Single Envelope bid evaluation, at first, a comparative statement of the price par t shall be prepared for all the participating bidders and techno-commercial evaluation shall be done f or the L1 bidder only, if techno-commercial documents of the prospective L1 bidder is found not to be aligned with NIT requirement, then only Techno-commercial evaluation of the next prospective L2 bid der shall be done. This process will be repeated till finalization of the prospective bidder aligned with the NIT. MSME, MII (Make in India) Policy and other statutory norms shall be followed as per W&PM M anual.
• M.Security Deposit-Cum-Performance Guarantee: For procurement up-to Rs. 1 Cr, security depo sit may be recovered as Pro-rata deduction @3% from the RA bills and it will be released after perform ance Guarantee period.
• N.Additional T&C:
• i.50% of the ordered materials is to be delivered within 45 days of placement of the order. Rest of t he materials to be delivered within 120 Days of placement of the order, Part payment against part supply is admi ssible. ii. Only the Original Manufacturer or their authorized dealers/authorized distributors shall be eligible to participate in the tender. Authorized vendors must submit a valid Manufacturer's Authorization Certificate (MAC ) along with their offer. iii. The supplied materials shall be new, unused, and free from any manufacturing defects. The suppl ier shall furnish the Manufacturer's Material Test Certificate (MTC) at the time of delivery. iv. The packing shall be manufactured from expanded pure flexible graphite having a minimum carb on purity of 99.5%. The material shall be manufactured from high-quality flexible expanded graphite and shall be 100% asbestos-free.
• v.The outer surface of the gland packing shall be smooth, uniform, and free from surface defects. In the case of Inconel wire-reinforced packing, no Inconel wire shall be exposed on the outer surface of the packi ng. vi. The packing shall possess adequate flexibility and compressibility to ensure proper installation an d reliable sealing performance. It shall not have any sharp or protruding reinforcement that could damage the valve stem, stuffing box, or cause injury during handling. vi. Material Test Certificate indicating the chemical composition and physical properties of the packin g material shall be submitted along with the supply to the office of Sr. Manager (M) BMS, Unit # 1 to 6, MTPS. The packing material shall be visually inspected for uniform construction, proper braiding, and freedom from d efects such as cracks, cuts, loose strands, voids, or other manufacturing imperfections. Vii. Drawing Attached under ITB
• O.CONFLICT OF INTEREST: A bidder shall not have conflict of interest with other bidders. Such conflict of interest can lead to anticom petitive practices to the detriment of Employer’s interests. A bidder may be considered to have a conflict of interest with one or more parties in this bidding process, if:
• a)They directly or indirectly control, or are controlled by or are under common control of another entity; or
• b)They have the same legal representative/agent for purposes of their bids; or
• c)They have relationship with each other, directly or through common third party(ies), that puts them in a position to have access to information about or influence on the bid of another Bidder; or
• d)Bidder and/or any of its allied entity(ies), which directly or indirectly control(s) or is(are) controlled b y or is(are) under common control of another entity, has(ve) participated as a consultant in the preparation of the design or technical specifications of the contract that is the subject of the tender; or
• e)Bidder participates in more than one bid in this bidding process
• f)In cases of agents quoting on behalf of their principal manufacturers/service providers, one agent cann ot represent two manufacturers/service providers or quote on their behalf in a particular tender enquiry. One manufacturer/service provider can also authorize only one agent. There can be only one bid from the following:
• i)The principal manufacturer/service provider directly or through one Indian agent on his behalf; and ii) Indian/foreign agent on behalf of only one principal. For the purposes of this clause the term ‘control’ s hall have the following meaning: “Control” shall include the right to appoint majority of the directors or to control the management or polic y decisions exercisable by a person or persons acting individually or in concert, directly or indirectly, inclu ding by virtue of their shareholding or management rights or shareholders’ agreements or voting agreem ents or in any other manner. Note: If two or more CPSEs/State PSEs participate in a tender, they will not be deemed to fall under t h e ' Conflict of Interest' provisions solely because they are under common control of Government of Indi a/Sta te Government. Compliance to “Conflict of Interest” provisions to be submitted as per format in Form No. 15 in Bid Forms and Procedures. Compliance to “Conflict of Interest” provisions to be submitted as per format Bid Forms and Procedures.
• P.PREVENTION OF CORRUPTION ACTIVITIES: A public procurement contract, besides being a com mercial transaction, is also a legal Transaction and it is abided by Prevention of Corruption Act, 1988.
• (1)The Bidder(s)/ Contractor(s) commit themselves to take all measures necessary to prevent corruption. The Bidder(s)/ Contractor(s) commit themselves to observe the following principles during participation in the tender process and during the contract execution:
• a.The Bidder(s)/Contractor(s) will not, directly or through any other person of firm, offer, promise or give t o any of Principal's employees involved in the tender process or the execution of the contract, or to any thi rd person any material or other benefit, which he/she is not legally entitled to, in order to obtain in exchan ge any advantage of any kind whatsoever during the tender process or during the execution of the contrac

t.

• b.The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed agreement or, underst anding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsid iary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to i ntroduce cartelization in the bidding process.
• c.The Bidder(s)/ Contractor(s) will not commit any offence under the relevant IPC/PC Act; further the Bidde r(s)/ Contractor(s) will not use improperly, for purposes of competition or personal gain, or pass on to othe rs, any information or document provided by the Principal as part of the business relationship, regarding pl ans, technical proposals and business details, including information contained or transmitted electronically .
• d.The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the Agents/Represen tatives in India, if any. Similarly, the Bidder(s)/Contractor(s) of Indian Nationality shall furnish the name an d address of the foreign principals, if any. Further, details as mentioned in the "Guidelines on the Indian Ag ents of Foreign Suppliers"** shall be disclosed by the Bidder(s)/ Contractor(s). Further, as mentioned in the Guidelines all the payment made to the Indian agent/representative shall be in Indian Rupees only. Copy o f the "Guidelines on the Indian Agents of Foreign Suppliers" is attached.
• e.The Bidder(s)/ Contractor(s) will, when presenting their bid, disclose any and all payments made, is com mitted to or intends to make to agents, brokers or any other intermediaries in connection with the award o f the contract.
• (2)The Bidder(s)/ Contractor(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences.
• (3)If the Bidder(s)/Contractor(s), before award or during execution has committed a transgression through a violation of Para-1 & 2 above, or in any other form such as to put his reliability or credibility in question, t he Principal is entitled to disqualify such Bidder(s)/Contractor(s) from the tender process or to terminate th e contract, if already signed and to take action as per the procedure of "Banning of business dealings" of t he Principal. Compliance to "Prevention of Corruption activities" provisions to be submitted as per format i n Form No. 17 in Bid Forms and Procedures. **GUIDELINES FOR INDIAN AGENTS OF FOREIGN SUPPLIERS: 1.0 There shall be compulsory registration of agents for all Global (Open) Tender and Limited Tender of D VC. 1.1 Registered agents will file an authenticated Photostat copy duly attested by a Notary Public / original c ertificate of the principal confirming the agency agreement and giving the status being enjoyed by the age nt and the commission / remuneration / salary/ retainer ship being paid by the principal to the agent before the placement of order by DVC. 1.2 Wherever the Indian representative have communicated on behalf of their principals and the foreign p arties have stated that they are not paying any commission to the Indian agents, and the Indian represent ative is working on the basis of salary or a s retainer, a written declaration to this effect should be submitt ed by the party (i.e. Principal) before finalizing the order.
• Q.Delivery Period: 50% of the ordered materials is to be delivered within 45 days of placement of the or der. Rest of the materials to be delivered within 120 Days of placement of the order, Part payment against part supply is admissible. Consignee of all the material is SE (E), Store, MTPS, DVC.
• R.Required Document For Materials: Sl. N
• o.Document Code Document Description Material Code
• 1.G/W Cert. Guarantee/Warranty Certificate For All Materials II. 1:1 fitment & Interchan geability 1:1 fitment & interchangeability certificat e to be supplied at the time of delivery. For All Materials
• S.VENDOR BILL TRACKING (VBT) SYSTEM: A self-care vendor bill tracking system has been introdu ced under web URL: https://application.dvc.gov.in/Vendor/ where vendor has to register themselves and s ubmit their contract related bills online. After submission of the bill, a cover letter containing Unique Bill ID shall be generated, which must be submitted to DVC along with other payment related documents in hard copy.
• T.PAYING AUTHORITY: Sri. Prasadjit Garai, Sr.Manager(Fin) Accounts Dept. M- 8583972275(E-mail id: p rasadjit.garai@dvc.gov.in).DVC GST Number: 19AABCD0541M1ZO.
• U.OUR BANKER:(i)STATE BANK OF INDIA, A/C No: 10480362106, Branch: MTPS, IFSC Code: SBIN0006608 , MTPS, P.O. MTPS ,District: Bankura, State: West Bengal, PIN: 722183 , (ii) PNB: MTPS Branch, IFSC: PUNB 0149520 Account No : 1495050010321 Account Type : Current
• V.CORRESPONDANCE: All correspondence regarding Technical Aspects: Sri Ujjwal kumar choudhary, ( S enior Manager, BMS.) M- 8969165082 (E-mail id: ujjwal.choudhary@dvc.gov.in). All correspondence re garding Payment Queries: Sri. Prasadjit Garai, Sr.Manager (Fin), Accounts Dept M- 8583972275 (E-mail id: prasadjit.garai@dvc.gov.in). All correspondence regarding Commercial Aspects: Archana Lakra Sr.Manager , C&M Section, M-9432861534 (E-mail id: archana.lakra@dvc.gov.in) .
• W.SETTELMENT OF DISPUTES AND ARBITRATION: Shall be as per Clause no 20 of optional terms & conditions of contract of GCC.
• X.TERMINATION OF CONTRACT: As per Clause No. 24 of Other Terms & Conditions of Contract of GCC.
• Y.DVC GST no.- 19AABCD0541M1ZO NOTE: Other Terms and conditions which are not specifically mentioned in the Terms and conditions of the NIT shall be guided by DVC's G.C.C as per applicability. Bidders are requested to visit Website www.dvc.g ov.in and www.dvctender.com for getting DVC's G.C.C. . .

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