BOQ BID

Nominated Inspection Agency: On behalf of the Buyer organization, any one of the following Inspection Agency would be conducting inspection of stores before acceptance: Pre-dispatch Inspection at Seller Premises (applicable only if pre-dispatch inspection clause has been selected in ATC): - Post Receipt Inspection at consignee site before acceptance of stores: Depot BOO Based on Bin sample or User Field Trial/FFT by any EME/ user units

Buyer Added text based ATC clauses

• (a)Quality Assurance/Inspection. The Inspection will be carried out under provision of Para 3.9.2 r ead with para 3.8.1 (h) of DPM 2025 by the Depot Board of Officers based on bin sample or user Field Trial/ FFT by ABW or any EME/user units. Buyer reserves the right to inspect and/or conduct functional testing for the subject item at any stage of tender. To ensure quality and the required specification of the item under procurement, the FFT/ user trial/ test may be carried out at the discretion of the buyer.
• (b)A compliance sheet by vendor confirming their product’s conformity to the given specification to b e uploaded with country of origin. The subject item under tender should not be manufactured in any land b oarding nation.
• (c)Advance Sample. An advance sample to be submitted by successful bidder prior to placemen t of SO for necessary inspection as deemed necessary by the buyer as per para a above.
• (d)Delivery Period. The delivery period for supply of items is 60 days from the date of contract awarded. A certificate of Conformity (as per DPM 2025) to be given by the firm while supplying the bulk st ore.
• (e)Consignee Details. The Commandant, COD Agra, C/o 56 APO. Free delivery will be made at con signee’s.
• (f)All item must be properly packed with rugged packing material and tagged with the fwg attributes during the bulk supply. The attributes are as under :-
• (i)Material No Nomen
• (ii)Supply Order No dt
• (iii)Suppliers details
• (iv)Dt of Mfr/ Expire dt
• (g)EMD. Not Reqd.
• (h)This bid is being issued with no financial Commitment and the buyer reserves the right to change o r vary thereof at any stage. Buyer also reserves the right to amend or withdraw the bid, should it become necessary at any stage.
• (j)The fwg documents to be submitted by firm for Technical qualification:-
• (i)Document giving out turnover of the firm for past three years.
• (ii)MSME Certificate.
• (iii)Details of orders recd and executed by the firm during past three years in respect of tender ed or similar nature items.
• (iv)Make in India Certificate.
• (v)Non Discloser Certificate.
• (k)The firms failing to submit above documents with tech bid are liable to be considered for disqualifi cation by TEC.
• (l)Clarification regarding contents of the BID. A prospective bidder who requires clarificati on regarding the contents of the bidding documents shall notify to the Buyer through e-mail about the cla rifications sought not later than the clarification end date as mentioned. Copies of the query and clarificati on by the purchaser will be uploaded as corrigendum for all prospective bidders who have received the bi dding documents.
• (m)Withdrawal of Bids
• (i)If bidder desires to withdraw before bid submission closing date/time, he may do so onlin e in the portal and offline EMD would be refunded but not cost of the tender. Once with-draw n online, he cannot participate again in this tender.
• (ii)No bid may be withdrawn in the interval between the deadline for submissi on of bids and expiry of the period of the specified bid validity. Withdrawal of a bid during this period will result in forfeiture of Bidder’s Bid Security/EMD.
• (n)Rejection of Bids. Canvassing by the Bidder in any form, unsolicited letter and post-tender cor rection may invoke summary rejection with forfeiture of EMD. Conditional Bids will not be accepted
• (o)Liquidated Damages. In the event of the Seller's failure to submit the Bonds, Guarantees and Documents, supply the stores/goods and conduct trials, installation of equipment, training, etc as spe cified in this contract, the Buyer may, at his discretion, withhold any payment until the completion of the contract. The BUYER may also deduct from the SELLER as agreed, liquidated damages to the sum of 0.5% of the contract price of the delayed/undelivered stores mentioned above for every week of delay or part of a week, subject to the maximum value of the Liquidated Damages being not higher than 10% of the valu e of delayed stores.
• (p)Termination of Contract. The Buyer shall have the right to terminate this Contract in part or i n full in any of the following cases:-
• (i)The delivery of the material is delayed for causes not attributable to Force Majeure for mor e than 02 months after the scheduled date of delivery.
• (ii)The Seller is declared bankrupt or becomes insolvent.
• (iii)The delivery of material is delayed due to causes of Force Majeure by more than 02 months provided Force Majeure clause is included in contract.
• (iv)The Buyer has noticed that the Seller has utilized the services of any Indian/Foreign agent in getting this contract and paid any commission to such individual/company etc.
• (v)As per decision of the Arbitration Tribunal.
• (q)Correctness of the Quality and Quantity. On receipt of stores at consignee’s premi ses, the stores are checked for ascertaining the correctness of quality, quantity and documents. In case t he stores are found deficient in any way, consignee has the right to reject the stores even if these were in spected and cleared by the Inspector.
• (r)Fall clause - The following Fall clause will form part of the contract placed on successful Bidder-
• (i)The price charged for the stores supplied under the contract by the Seller shall in no event exceed the lowest prices at which the Seller sells the stores or offer to sell stores of identical d escription to any persons/Organisation including the purchaser or any department of the Central gover nment or any Department of state government or any statutory undertaking the central or state governme nt as the case may be during the period till performance of all supply Orders placed during the curre ncy of the rate contract is completed.
• (ii)If at any time, during the said period the Seller reduces the sale price, sells or offer to sell s uch stores to any person/organisation including the Buyer or any Deptt, of central Govt. or any De partment of the State Government or any Statutory undertaking of the Central or state Governmen t as the case may be at a price lower than the price chargeable under the contract, he shall forthw ith notify such reduction or sale or offer of sale to the Purchase/ Contracting Authority and the pric e payable under the contract for the stores of such reduction of sale or offer of the sale shall stand correspondingly reduced. The above stipulation will, however, not apply to:--
• (a)Exports by the Seller.
• (b)Sale of goods as original equipment at a price lower than lower than the prices cha rged for normal replacement.
• (c)Sale of goods such as drugs which have expiry dates.
• (d)Sale of goods at lower price on or after the date of completion of sale/placement of the order of goods by the authority concerned under the existing or previous Rate Contract s as also under any previous contracts entered into with the Central or State Govt. Depts, i ncluding their undertakings excluding joint sector companies and/or private parties and bo dies.
• (iii)The Seller shall furnish the following certificate to the Paying Authority along with each bill for payment for supplies made against the Rate contract – “We certify that there has been no reduct ion in sale price of the stores of description identical to the stores supplied to the Government under the contract herein and such stores have not been offered/sold by me/us to any person/organisation including the purchaser or any department of Central Government or any Department of a state Gov ernment or any Statutory Undertaking of the Central or state Government as the case may be upto t he date of bill/the date of completion of supplies against all supply orders placed during the currency of the Rate Contract at price lower than the price charged to the government under the contract exc ept for quantity of stores categories under sub-clauses (a),(b) and (c) of sub-para (ii) above, details of which are given below- ‘’
• (s)Risk & Expense Clause
• (i)Should the stores or any installment thereof not be delivered within the time or times spec ified in the contract documents, or if defective delivery is made in respect of the stores or any inst allment thereof, the Buyer shall after granting the Seller 45 days to cure the breach, be at liberty, without prejudice to the right to recover liquidated damages as a remedy for breach of contract, t o declare the contract as cancelled either wholly or to the extent of such default.
• (ii)Should the stores or any installment thereof not perform in accordance with the specificati ons/ parameters provided by the SELLER during the check proof tests to be done in the BUYER’s c ountry, the BUYER shall be at liberty, without prejudice to any other remedies for breach of contra ct, to cancel the contract wholly or to the extent of such default.
• (iii)In case of a material breach that was not remedied within 45 days, the BUYER shall, havin g given the right of first refusal to the SELLER be at liberty to purchase, manufacture, or procure f rom any other source as he thinks fit, other stores of the same or similar description to make goo d:-
• (aa)Such default.
• (ab)In the event of the contract being wholly determined the balance of the stores re maining to be delivered there under.
• (iv)Any excess of the purchase price, cost of manufacturer, or value of any stores procured fro m any other supplier as the case may be, over the contract price appropriate to such default or b alance shall be recoverable from the SELLER. Such recoveries shall not exceed 100 % of the value of the contract.
• (t)Performance of Guarantee Indigenous Cases. The bidder will be required to furnish a Perfo rmance Guarantee by way of Bank Guarantee through a public sector bank or a private sector bank author izes to conduct government business (ICICI Bank Ltd, Axis Bank or HDFC Bank Ltd.) for a sum equal to 3% of the contract value within 30 days of receipt of the confirmed order.
• (u)Option Clause. The contract will have an Option Clause, wherein the Buyer can exercise an optio n to procure an additional 50% of the original contracted quantity in accordance with the same terms & c onditions of the present contract. This will be applicable within the currency of contract. The Bidder is to c onfirm the acceptance of the same for inclusion in the contract. It will be entirely the discretion of the Buy er to exercise this option or not.
• (v)Tolerance Clause. To take care of any change in the requirement during the period starting from issue of Bid till placement of the contract, Buyer reserves the right to 25% plus/minus increase or decreas e the quantity of the required goods up to that limit without any change in the terms & conditions and pri ces quoted by the Seller. While awarding the contract, the quantity ordered can be increased or decrease d by the Buyer within this tolerance limit.
• (w)Force Majeure clause.
• (i)Neither party shall bear responsibility for the complete or partial non-performance of any of its obligations (except for failure to pay any sum which has become due on account of receipt of g oods under the provisions of the present contract), if the non- performance results from such Forc e Majeure circumstances as Flood, Fire, Earth Quake and other acts of God as well as War, Military operation, blockade, Acts or Actions of State Authorities or any other circumstances beyond the p arties control that have arisen after the conclusion of the present contract.
• (ii)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 circumstanc es and their consequences.
• (iii)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 the above circumstances immediately, but in any case not later than 10 (Ten) days fro m the moment of their beginning.
• (iv)Certificate of a Chamber of Commerce (Commerce and Industry) or other competent auth ority or organization of the respective country shall be a sufficient proof of commencement and ce ssation of the above circumstances.
• (v)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 u pon giving prior written notice of 30 (thirty) days to the other party of the intention to terminate w ithout any liability other than reimbursement on the terms provided in the agreement for the goo ds received.
• (x)Payment Terms of DPM 2025 at Para 6.31.
• (i)Payment terms are of great importance both for the purchaser and the supplier as the cost of finance plays an important role in deciding the cost of an item or service being contracted for. N ormally, 95% of the contract amount is released against provisional receipt of the item at the consi gnee’s premises along with inspection note and other documents. Balance 5% is released after the stores have been properly checked and accounted for. 100% payment after delivery, inspection, a nd issuance of CRV may be accepted in case of specific request from the seller. Part supply and co rresponding part payment will be admissible if provided for in the RFP/contract.
• (ii)In case of contracts where payments are based on achievement of certain milestones or ou tputs, the terms and conditions of such payments are set out in the contract, wherein the amount o f advance payment, if any, is specified, as are the timing of the payment and the amount of advanc e payment security to be provided by the vendor/firm. The advance payment is to be set off by th e procuring entity in proportionate installments against each billing statement/ payment or as per the terms of the contract, until it has been fully set off.
• (y)Franking clause. The following Franking clause will form part of the contract placed on successfu l Bidder:
• (i)Franking Clause in the case of Acceptance of Goods. “The fact that the goods have been inspected after the delivery period and passed by the Inspecting Officer will not have the e ffect 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”.
• (ii)Clause in the case of Rejection of Goods. “The fact that the goods have been inspect ed 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 ter ms and conditions of the contract.”
• (z)Responsibility of the Contractor for Executing Contract.
• (i)Risk in the Stores. The contractor shall perform the contract in all respects in accordan ce with the terms and conditions thereof. The stores and every constituent part thereof, whether in the possession or control of the Contractor, his agents or servants or a carrier or in the joint po ssession of the Contractor his agents or servants shall remain in every respects at the risk of the contractor until their actual delivery to the consignee at the stipulated place or destination or wh ere so provided in the contract until delivery to person specified in the schedule as interim consi gnee for the purpose of dispatch to the consignee. The contractor shall be responsible for all lose s, destruction, damage or deterioration of or to the stores from any clause whatever while the st ores after approval by the Inspector are awaiting dispatch or delivery or are in the course of tran sit from the contractor to the consignee. The contractor shall alone be entitled and responsible t o make claims against Railway administration or other carrier in respect of non delivery short deli very, mis-delivery, loss destruction damage or deterioration of the goods entrusted to such carrie r by the contractor for transmission to the consignee or interim consignee as the case may be.
• (ii)Right of Rejection. Notwithstanding any approval which the Inspector may have given i n respect or any part of portion thereof or any materials or other particulars or the works of work manship involved in the performance of the contract (whether with or without any test carried o ut by the contractor or the Inspector or under the directions of the Inspector) and Not with stand ing delivery of the stores where so provided to the interim consignee, it shall be lawful for the co nsignee, on behalf of the purchaser to reject the stores or any part portion or consignment there of within 45 days after actual delivery thereof to him reckoned from the date or receipt of comple te equipment with spares and accessories as ordered if such stores or parts, portion or consign ment thereof is not in all respect in conformity with the terms and conditions of the contract w hether on account of any loss deterioration or damage before dispatch or delivery or during trans it or otherwise however.
• (iii)Provided that where, under the terms of the contract the stores are required to be deliver ed to an interim consignee for the purpose of dispatch to the consignee the stores shall be at the purchasers risk after their delivery to the consignee, but nevertheless it shall be lawful for the co nsignee on behalf of the purchaser to reject the stores or any part , portion or consignment ther eof upon there actual delivery to him at the destination if they are not in all respects in conformit y with the terms and conditions of contract except where they have been damaged or have deter iorated in the transit or otherwise after their delivery to the interim consignee.
• (iv)The provision contained in this contract of this schedule relating to the removal of stores rejected by the Inspector shall, mutates mutinies apply to stores rejected by the consignee as he rein provided.
• (aa)Warranty. The following Warranty will form part of the contract place on the successful Bidder :-
• (i)Except as otherwise provided in the invitation tender, the Seller hereby declares that the goods, stores articles sold/supplied to the Buyer under this contract shall be of the best quality a nd workmanship and new in all respects and shall be strictly in accordance with the specification and particulars contained/mentioned in contract. The Seller hereby guarantees that the said goo ds/stores/articles would continue to conform to the description and quality aforesaid for a period of 24 months from the date of delivery of the said goods stores/articles to the Buyer or 24 months from the date of shipment/despatch from the Seller’s works whichever is later and that notwithst anding the fact that the Buyer may have inspected and/or approved the said goods/stores/ article s, if during the aforesaid period of 24/27 months the said goods/stores/articles be discovered not to conform to the description and quality aforesaid not giving satisfactory performance or have d eteriorated, and the decision of the Buyer in that behalf shall be final and binding on the Seller a nd the Buyer shall be entitled to call upon the Seller to rectify the goods/stores/articles or such p ortion thereof as is found to be defective by the Buyer within a reasonable period, or such specifie d period as may be allowed by the Buyer in his discretion on application made thereof by the Sell er, and in such an event, the above period shall apply to the goods/stores/articles rectified from t he date of rectification mentioned in warranty thereof, otherwise the Seller shall pay to the Buyer such compensation as may arise by reason of the breach of the warranty therein contained.
• (ii)Guarantee that they will supply spare parts, if and when required on agreed basis for an agreed price. The agreed basis could be and including but without any limitation an agreed disco unt on the published catalogue or an agreed percentage of profit on the landed cost.
• (iii)Warranty to the effect that before going out of production for the spare parts they will giv e adequate advance notice to the Buyer of the equipment so that the latter may undertake the b alance of the lifetime requirements.
• (iv)Warranty to the affect that they will make available the blue prints of drawings of the spa res if and when required in connection with the main equipment.
• (ab)The manufacturer shall be responsible for the safe delivery of the stores at the consignee’s end and transit damage if any shall be promptly attend by him.
• (ac)The Bidder is required to give confirmation of their acceptance unconditionally of the terms and c onditions of the bid terms on firm letter head. Failure to do so may result in rejection of the Bid submitte d by the Bidder. .

Buyer uploaded ATC document Click here to view the file.

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 can also submit the EMD with Fixed Deposit Receipt made out or pledged in the name of A/C Commandant, COD Agra . 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

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 Commandant, COD Agra 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.

Warranty period of the supplied products shall be 2 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.

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.

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.

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.

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.
• 12.Past Project Experience Proof for Past Experience and Project Experience clause: For fulfilling the experience criteria any one of the following documents may be considered as valid proof for meeting the experience criteria:a. Contract copy along with Invoice(s) with self-certification by the bidder that service/supplies against the invoices have been executed.b. Execution certificate by client with contract value.c. Any other document in support of contract execution like Third Party Inspection release note, etc.Proof for Past Experience and Project Experience clause: For fulfilling the experience criteria any one of the following documents may be considered as valid proof for meeting the experience criteria:a. Contract copy along with Invoice(s) with self-certification by the bidder that service/supplies against the invoices have been executed.b. Execution certificate by client with contract value.c. Any other document in support of contract execution like Third Party Inspection release note, etc.