Bag Kit Universal (Defence)

Buyer Added text based ATC clauses

Nominated Inspection Agency: On behalf of the Buyer organization, any one of the following I nspection Agency would be conducting inspection of stores before acceptance: Pre-dispatch In spection at Seller Premises (applicable only if pre-dispatch inspection clause has been selecte d in ATC): NO Post Receipt Inspection at consignee site before acceptance of stores: BOARD O F OFFICERS.

• 3.Sample Clause After award of contract – Successful Bidder shall have to get advance sample approved from b uyer before bulk manufacturing / starting bulk supplies. Successful Bidder shall submit 1 samp les for Buyer's approval, within 5 days of award of contract. Buyer shall, as per contract specif ications framework, either approve the advance sample or will provide complete list of modifi cation required in the sample within 5 days of receipt of advance sample. Seller shall be requi red to ensure supply as per approved sample with modifications as communicated by Buyer. If there is delay from buyer side in approval of advance sample – the delivery period shall be refi xed without LD for the period of delay in sample approval. In case, the sample is found to hav e major deviations / not conforming to the Contract specifications, the buyer at its discretion may call for fresh samples for approval before allowing bulk supplies or may terminate the co ntract after notifying the deviations to the seller. Unless otherwise provided in the contract, al l samples required for test shall be supplied by the contractor free of cost. Where under the c ontract, the contractor is required to submit an advance sample, any expenses incurred by th e contractor on or in connection with the production of stores in bulk, before the sample has b een approved unconditionally shall be borne by the Seller and he shall not claim any compens ation in the event of such sample being found unacceptable by the Buyer / Consignee.

After award of contract – Successful Bidder shall have to get Detailed Design Drawings approv ed from buyer before starting fabrication. Successful Bidder shall submit Detailed Design Dra wings for Buyer's approval, within 5 days of award of contract. Buyer shall, either approve the drawings or will provide complete list of modification required in the drawings within 5 days. Seller shall be required to ensure supply as per approved Drawings with modifications as com municated by Buyer. If there is delay from buyer side in approval of drawing– the delivery peri od shall be refixed without LD for the period of delay in approval of Drawing.

Actual delivery (and Installation & Commissioning (if covered in scope of supply)) is to be don e at following address C O M D T

• 6.Turnover Bidder Turn Over Criteria: The minimum average annual financial turnover of the bidder durin g the last three years, ending on 31st March of the previous financial year, should be as indic ated in the bid document. Documentary evidence in the form of certified Audited Balance She ets of relevant periods or a certificate from the Chartered Accountant / Cost Accountant indica ting the turnover details for the relevant period shall be uploaded with the bid. In case the da te 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 acco unt for this criteria.

Bidders can also submit the EMD with Account Payee Demand Draft in favour of COMDT payab le at COMDT . Bidder has to upload scanned copy / proof of the DD along with bid and has to e nsure 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 COMDT . The bank should certify on it that the deposit can be withdrawn only on the de mand 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 sign ed and stamped along with covering letter. Bidder has to upload scanned copy/ proof of the F DR along with bid and has to ensure delivery of hardcopy to the Buyer within 5 days of Bid En d date/ Bid Opening date

Bidders can also submit the EMD with Banker’s Cheque in favour of COMDT payable at COMDT 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.

Bidder financial standing: The bidder should not be under liquidation, court receivership or si milar proceedings, should not be bankrupt. Bidder to upload undertaking to this effect with bi d.

Bidders shall quote only those products (Part of Service delivery) in the bid which are not obs olete in the market and has at least 3 years residual market life i.e. the offered product shall not be declared end-of life by the OEM before this period.

Bidder's offer is liable to be rejected if they don't upload any of the certificates / documents s ought 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 a ny 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 %.

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.

Buyer Added text based ATC clauses

• (a)The item(s) mentioned in the BOQ/Bid shall be as per concerned CQA Specifications/Depot Sample.
• (b)The vendor can contact with concerned CQA/Depot for relevant design and drawings. The p rospecti ve bidder should enclose self-certification with respect to local content used in manuf acture of "to be supp lied" item.
• (c)EMD Proof/EMD should be submitted physically by the firms at main gate of depot before bi d end da te/time.
• (d)Original/CTC copy of latest NABL accredited Lab Test Report as per specification of subject item and photocopy of the certificate of the Lab should reach to buyer on the day of bid end/bi d opening date. (e) Bidder's offer is liable to reject if they don't submit documents as requisite in ATC. During bulk suppl y of stores packing as per specification to included IPQ cardboard pk g, as applicable.
• (f)DP extension letter with CFA’s Sanction, U.O. number and date of IFA’s concurrence, where required indicating whether extension is with or without LD. .

Dedicated /toll Free Telephone No. for Service Support : BIDDER/OEM must have Dedicated/toll Free Telephone No. for Service Support.

Data Sheet of the product(s) offered in the bid, are to be uploaded along with the bid docume nts. Buyers can match and verify the Data Sheet with the product specifications offered. In ca se of any unexplained mismatch of technical parameters, the bid is liable for rejection.

• 18.Ration Item ATCs Demurrage charges In case the rejected items are not lifted by the firm within 48 hrs, the dem urrage charges at the rate of 0.5% of total contract value will be charged per day. In case the items are not lifted within a month, the same will be destroyed by the station board of officers and no claim will be admitted.Demurrage charges. In case the rejected items are not li fted by the firm within 48 hrs, the demurrage charges at the rate of 0.5% of total contract val ue will be charged per day. In case the items are not lifted within a month, the same will be d estroyed by the station board of officers and no claim will be admitted.

Escalation Matrix For Service Support : Bidder/OEM must provide Escalation Matrix of Telepho ne Numbers for Service Support.

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

Experience Criteria: The Bidder or its OEM {themselves or through reseller(s)} should have re gularly, manufactured and supplied same or similar Category Products to any Central / State G ovt 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 ye ar. In case of bunch bids, the primary product having highest value should meet this criterion.

Inspection of Stores by Inspection Authority of buyer or their authorised Inspecting officers / e mpanelled inspection agency or their representatives An independent third party Professional Inspection Body can help buyer in mitigating buyer's risk with pre-dispatch/post-dispatch inspection in order to ensure that equipment, component s , solutions and documentation conform to contractual requirements. If an institutional buyer like Defense , Railways and MHA etc desires to appoint / nominate their own inspection authori ty / empanelled inspection agency for inspection of stores to be supplied against the contract , buyer can select this clause indicating cost of inspection in term of percentage which is 100 %. As per the contractual provisions / law , the buyer has a right before payment or acceptan ce to inspect goods at any reasonable place as indicated in contract and time and in any reaso nable manner. When the seller is required or authorized to send the goods to the buyer, the in spection may be after their arrival. Expenses of inspection should be borne by the buyer but may be recovered from the seller if the goods do not conform to contractual specification and are rejected. Initially seller may pay for inspection charges as applicable and get the same rei mbursed from buyer if store complies to contractual specification etc , on production of payme nt receipt issued by inspection agency as applicable. Seller/OEM shall send a notice in writing / e-mail to the Inspecting officer / inspection agency specifying the place where inspection is off ered and the Inspecting officer shall on receipt of such notice notify to the seller the date and time when the stores would be inspected. The seller shall, at his own expenses, afford to the I nspecting officer , all reasonable facilities and such accommodation as may be necessary for s atisfying himself that the stores are being and or have been manufactured in accordance with the technical particulars governing the supply . The decision of the purchaser/inspection auth ority regarding acceptance / rejection of consignment shall be final and binding on the seller. The Seller shall provide, without any extra charge, all materials, tools, labour and assistance o f every kind which the Inspecting officer may demand of him for any test, and examination, ot her than special or independent test, which he shall require to be made on the seller's premis es and the seller shall bear and pay all costs attendant thereon. The seller shall also provide , and deliver for test, free of charge, at such place other than his premises as the Inspecting off icer may specify such material or stores as he may require for tests for which seller does not h ave the facilities or for special/ independent tests. In the event of rejection of stores or any pa rt thereof by the Inspecting officer basis testing outside owing to lack of test facility at sellers premises ,the seller shall, on demand, pay to the buyer the costs incurred in the inspection an d/or test. Cost of test shall be assessed at the rate charged by the Laboratory to private perso ns for similar work. Inspector shall have the right to put all the stores or materials forming par t of the same or any part thereof to such tests as he may like fit and proper as per QAP/govern ing specification . The seller shall not be entitled to object on any ground whatsoever to the m ethod of testing adopted by the Inspecting officer .. Unless otherwise provided for in the contr act, the quantity of the stores or materials expended in test will be borne by seller . Inspectin g officer is the Final Authority to Certify Performance / accept the consignment . The Inspectin g officer’s decision as regards the rejection shall be final and binding on the seller. The seller shall if so required at his own expense mark or permit the Inspecing officer to mark all the ap proved stores with a recognised Government or purchaser's mark.

ISO 9001: The bidder or the OEM of the offered products must have ISO 9001 certification.

NON DISCLOSURE DECLARATION CERTIFICATE (On Bidder Letter Head) to be uploaded with bid:

• 1.I M/s. __________________________ hereby declare that I shall not disclose the contract or any provision, specification, plan, desig n, pattern, sample or information thereof to any third party during and after expiry of Contract . 2. If defying the norms as per the Contract a legal action may be taken against me as per the existing Rules.
• 25.Turnover OEM Turn Over Criteria: The minimum average annual financial turnover of the OEM of the offered product during the last three years, ending on 31st March of the previous financial ye ar, 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 / Co st Accountant indicating the turnover details for the relevant period shall be uploaded with th e bid. In case the date of constitution / incorporation of the OEM is less than 3 year old, the av erage turnover in respect of the completed financial years after the date of constitution shall be taken into account for this criteria. In case of bunch bids, the OEM of CATEGORY RELATED TO primary product having highest bid value should meet this criterion.
• 26.Ration Item ATCs Packing Material The items will be supplied by the successful bidder in its original packing ma terial and the packing material will not be returned. Weight of packing material will not be inc luded in quantity supplied and only net weight of the items will be counted. The packing shoul d be of standardized weights of appropriate size. Item will not be accepted in non-standardize d weights.Packing Material. The items will be supplied by the successful bidder in its original packing material and the packing material will not be returned. Weight of packing material wil l not be included in quantity supplied and only net weight of the items will be counted. The pa cking should be of standardized weights of appropriate size. Item will not be accepted in non- standardized weights.

Products supplied shall be nontoxic and harmless to health. In the case of toxic materials, Mat erial Safety Data Sheet may be furnished along with the material.

• 28.Past Project Experience Proof for Past Experience and Project Experience clause: For fulfilling the experience criteria a ny one of the following documents may be considered as valid proof for meeting the experien ce criteria:a. Contract copy along with Invoice(s) with self-certification by the bidder that serv ice/supplies against the invoices have been executed.b. Execution certificate by client with co ntract value.c. Any other document in support of contract execution like Third Party Inspectio n release note, etc.Proof for Past Experience and Project Experience clause: For fulfilling the e xperience criteria any one of the following documents may be considered as valid proof for me eting the experience criteria:a. Contract copy along with Invoice(s) with self-certification by t he bidder that service/supplies against the invoices have been executed.b. Execution certificat e by client with contract value.c. Any other document in support of contract execution like Thi rd Party Inspection release note, etc.

Registration / Empanelment Requirement: Contract shall be awarded to only such sellers , who are registered / empanelled / approved / enlisted with DGQA/ORDNANCE DEPOT for the require d goods / service category on the date of bid opening. Prospective bidders (if not already regi stered), are advised to get themselves registered with the said registration authority before b id opening date. (It is certified that the registration is granted by the registering agency as pe r Rule 150 of GFR following a fair, transparent and reasonable procedure.)

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 CO MDT payable at COMDT . 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 Buy er within 15 days of award of contract.

Successful Bidder can submit the Performance Security in the form of Fixed Deposit Receipt al so (besides PBG which is allowed as per GeM GTC). FDR should be made out or pledged in the name of COMDT 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 scan ned copy of the FDR document in place of PBG and has to ensure delivery of hard copy of Orig inal FDR to the Buyer within 15 days of award of contract.

Shelf Life: The Product/Spare parts to be supplied as part of the services must have minimum 12 months Shelf Life. On the date of supply, minimum 12 months usable shelf life should be available / balance.

The bidder is required to upload, along with the bid, all relevant certificates such as BIS licenc e, type test certificate, approval certificates and other certificates as prescribed in the Produc t Specification given in the bid document.

The seller is required to print logo as per buyer's requirement.

While generating invoice in GeM portal, the seller must upload scanned copy of GST invoice an d the screenshot of GST portal confirming payment of GST .

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.