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HOUSEKEEPING MACHINE WITH BUY BACK

Kochi Metro Rail Limited

Ministry of Housing & Urban Affairs (MoHUA)

Delivers to

Ernakulam, Kerala

Overview

10 facts from the tender

Ministry of Housing & Urban Affairs (MoHUA) published this goods tender on GeM on 9 Oct 2026, for Ernakulam, Kerala. The EMD is ₹47,000. It closes on 30 Oct 2026, 3:00 pm IST. Bid number GEM/2026/B/8119136.

Timeline

  1. Published9 Oct 2026 · 10:49 am
  2. Reverse auctionIf the bid qualifies, after evaluation

Bidding

Bid type
Bid
Evaluation method
Total value wise evaluation
Packet type
Two Packet Bid
Reverse auction
Yes, H1-Highest Priced Bid Elimination
Total quantity
15

Buyer

Created by
aemmt.kmrl
Location
Ernakulam · Kerala
Portal
GeM

Important dates

Published
9 Oct 2026, 10:49 am IST
Closes
30 Oct 2026, 3:00 pm IST

Items & delivery

1 item · 1 delivery location

Item 1

HOUSEKEEPING MACHINE WITH BUY BACK

Quantity15 pieces
Delivery location

683106,DCO Stores, Muttom depot KMRL, Aluva

Delivery
30 days

Tender documents

Bid files and supporting documents, linked directly from GeM.

Policy & contract references

Documents you must submit

  • Experience Criteria
  • Bidder Turnover
  • Certificate (Requested in ATC)
  • OEM Authorization Certificate
  • Additional Doc 1 (Requested in ATC)
  • Additional Doc 2 (Requested in ATC)
Show all 9
  • Additional Doc 3 (Requested in ATC)
  • Additional Doc 4 (Requested in ATC)
  • Compliance of BoQ specification and supporting document

Eligibility

Experience & turnover exemptions

Exemptions depend on the evidence and conditions specified in the bid.

Preferences & relaxations

  • MSE purchase preference
  • MII preference
  • Class-1/2 local suppliers
  • EMD exemption: no
  • Inspection required: no

Check each criterion against the tender notice before you bid.

Commercial conditions

EMD
₹47,000
Performance guarantee
5% for 37 months
Offer validity
90 days

Buyer requirements & conditions

Buyer-added conditions from the bid document.

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.

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 %.

03

Buyer Added Bid Specific ATC

View PDF · p. 6

Buyer Added text based ATC clauses Important note:

  • A)All participants shall quote for the item in line with bid specific technical specifications provided in Anne xure- 1 of Buyer Added ATC document. All bidders shall submit sealed and signed Annexure- 1 along with t he technical bid as a token of acceptance to KMRL technical specifications and scope of work.
  • B)Additional Spares: One extra set of consumables comprising one scrubbing brush and one rubber lip set shall be supplied with each Scrubber Machine.
  • C)Unit price reflected in the GeM Portal shall be (equal to) = Unit price of Electrically operated walk-behin d type scrubbers and drier machine + Additional spares (One extra set comprising one scrubbing brush an d one rubber li p set) – Buyback price.
  • 1.General
  • a.Bid and all other related documents are to be submitted in English. Supporting documents, which are in other languages, should be translated in English and submitted along with copies of the original.
  • b.The intending Bidders must read the Scope of work/supply/RFP carefully and should only submit his Bid i f he considers himself eligible and he is in possession of all the documents required.
  • c.If the Tenderer is a firm or company, the tender documents to be submitted by the authorized signatory of the firm/company.
  • d.On the due date of opening, the tender will be opened online.
  • e.Further, corrigendum/ addendum, if any, issued to the Tender /bid document, shall only be made available at GeM portal.
  • f.If such nominated date for opening of Bid is subsequently declared as a Public Holiday by the Employer, the next official working day shall be deemed as the date of opening of Bid
  • g.The quoted line items shall be in accordance with the Bureau of Indian Standards as per MoHUA notificat ion No.V-11/15/2020-BIS dated 01.02.2021 (if applicable)
  • h.Public Procurement (Preference to Make in India) order 2017 and subsequent revisions will be applicable .
  • i.Bidders black listed/ordered for blacklisting by Govt. of Kerala/Govt. of India or KMRL will not be conside red.
  • 2.Terms of Price
  • a.The tenderers should quote their lowest possible price in Indian Rupee (INR) on DDP KMRL basis (Incote rms 2020)
  • b.The bidders should quote the price for door delivery inclusive of GST, all other applicable taxes, duties, T ransit insurance, packing, forwarding, freight charges, loading & unloading charges if applicable.
  • c.The prices quoted should be firm and not subject to any variation, unless specified in the tender docume nts. Any deviation in this aspect may make the offer liable to be ignored.
  • d.The tax liability as per GST Act rests with the contractor, ambiguity if any regarding the percentage for t hat particular work or Services Accounting Code (SAC)/HSN etc shall be cleared before offering of rates.
  • e.Any liability on account of wrong classification of goods or services for arriving at taxes will be on the bi dder.
  • 3.Payment term The payment after all statutory deductions and retention if any for the items supplied will be made against the submission of following;
  • i.Tax Invoice ii. Acceptance of item by the purchaser/ consignee. iii. Warranty certificate iv. User manual
  • v.Any other relevant documents Special Note: Supplier has to raise the invoice with invoice value excluding buyback price. KMRL will issu e invoice for the buyback items while collecting the items from KMRL. No advance payment will be made. In the case of MSME bidders, payments shall be released within 45 days from the date of acceptance of the goods or successful completion of the work, as applicable by KMRL. Successful bidders should upload their tax invoice in GeM portal at the time of supply.
  • 4.Submission of Invoice
  • a.Invoice should be submitted in duplicate, after completion of supply/work against supply/work order. Inv oice should contain bank details, name of the bank, Branch, IFSC code, PAN details, HSN code and KMRL G ST No. 32AAECK5274H1ZL and must be addressed to KOCHI METRO RAIL LIMITED, OCC, KMRL, MUTTOM, A LUVA -683106
  • b.Invoices submitted by successful bidders should be E invoices (i.e, Invoices electronically uploaded and authenticated with a unique IRN and digitally signed QR code). In case E invoicing is not applicable, e–Invoi ce exemption declaration form shall be submitted by vendor along with invoice. If the above mentioned fo rm cannot be filed due to non-enablement of e- invoicing as turnover is less than 5 Cr., proof of the same s hall be submitted along with invoice.
  • c.The GSTIN of Kochi Metro Rail Ltd is 32AAECK5274H1ZL
  • d.While generating invoice in GeM portal, the seller must upload scanned copy of GST invoice and the scre enshot of GST portal confirming payment of GST.
  • e.GST at actuals shall be paid on the quoted base value as per GST law in India after submission of appr opriate GST invoices with GSTIN of the bidder and GSTIN of Kochi Metro Rail Ltd - 32AAECK5274H1ZL
  • f.Under GST law the contractor shall also comply regarding filing of all the returns to the GST network/gov ernment departments within the stipulated time every month or such other period as required by the Government. If the contractor does not comply with any of the GST laws and procedures and if KMRL incurs any liability on this account or does not get the input credit from the GST Network/Government as goods a nd/or service receiver due to the contractor’s failure to comply with the procedures of filing / uploading of d ata/submissions of documents etc in time then all such liability including the input credit of the GST lost by KMRL and the penalties and interest incurred by KMRL would be the liability of the contractor and the same shall be recovered either by recovery from security deposits / any other amount payable by the contractor to KMRL or through direct payment. The contractor shall submit the copy of latest filed return - GSTR1 alon g with the invoice. g.. Invoice as per GST Act should be furnished prior to every running account/final bills. h.. Supplier shall ensure that the Invoice is raised in the name of Consignee with GSTIN of Consignee only
  • 5.Payment of EMD/Bid Security: 5.1 EMD (EARNEST MONEY DEPOSIT): Rs. 47,000 /
  • a.The bidder shall submit the EMD of Rs 47,000 in any one of the following forms i.Account Payee Demand Draft drawn in favour of KOCHI METRO RAIL LIMITED payable at KOCHI. ii.Banker’s Cheque drawn in favour of KOCHI METRO RAIL LIMITED payable at KOCHI. iii.Fixed Deposit lien Marked to KMRL, which is to be taken from Kochi Branch of a scheduled commercial b ank in India. iv. Online payment through Internet banking / mobile banking to the following beneficiary account. Beneficiary name. Kochi Metro Rail Limited Account No. 0803201002929 IFSC Code: CNRB0000803 Bank Name: Canara Bank Branch address: Ernakulam Broadway Branch, Ernakulam Kerala 682031
  • v.Bank Guarantee(BG) in the format provided in Appendix 5. Validity of the BG shall be bid validity + 45 d ays
  • b.Bidder shall upload proof of the Online Payment Transfer / scanned copy of the document (DD / Bankers’ s cheque / BG) in the online bid as proof of EMD payment. Hard copy of the original document will have to be submitted to the below address within 5 working days of bid opening, failing which the bid may b e treated as incomplete & may lead to rejection of the bid by buyer without making any reference to th e bidder. Address for submission of original EMD document: SDGM (PROCUREMENT), 1st Floor, DCO STORES, MUTTOM DEPOT KOCHI METRO RAIL LIMITED, ALUVA , ERNAKULAM KERALA-683106
  • c.The Bid Security of the unsuccessful bidders shall be returned at the earliest after expiry of the final bid validity period OR within 30 days after the award of the contract. In case of two packet or two stage bi dding, If the bidder was disqualified in technical evaluation, it shall be returned within 30 days after ap proval of technical evaluation report
  • d.The EMD remitted by the successful bidder shall be returned upon the acceptance of the Contract Orde r and on the receipt of the Performance Security in accordance with clause mentioned in the Buyer Add ed Bid Specific Terms and Conditions.
  • e.Payment of EMD shall be exempted as per GeM GTC. In case EMD exemption is required, the bidder h as to submit valid exemption certificates and duly notarized Bid Security declaration as per Appendix 6 along with the technical bid.
  • f.Bids received without EMD/Valid exemption certificate shall be prima-facie rejected from further evaluat ion.
  • g.Bid Security submitted by the bidder/s shall be forfeited/bid securing declaration shall be invoked (as a pplicable);
  • i)if the bidder resile or withdraw its proposal/tender after the bid closing date/last date of submission of t ender; ii) If the successful Bidder,
  • a)fail or refuse to furnish the unconditional acceptance of LOA/GeM contract order within the time limit specified in RFP and/or
  • b)fail or refuse to furnish the Security deposit/ Performance Security in accordance with Clause 21.1 of SCC.
  • c)fail or refuse to enter into a Contract within the time limit specified in RFP. iii) If a bidder/ Contractor directly or through an agent, has indulged in corrupt/fraudulent/ Anti-competiti ve practice /coercive practices/ Conflict of interest/ Obstructive practice as per the clause 31 of GCC.
  • h.The bidder may be disqualified from bidding in any tender/quotation with Kochi Metro Rail Limited f or a period of one year from the date of notification if, the bidder is in breach of any of the following obligation (s) under the bid conditions,
  • 1.If the bidder resile or withdraw its proposal/tender after the bid closing date/last date of s ubmission of tender.
  • i.The bidder may be disqualified from bidding in any tender/quotation with Kochi Metro Rail Limited f or a period of 2 years from the date of notification if the tender is in breach of any obligation under t he bid conditions;
  • 1.If the successful Bidder,
  • a.fail or refuse to furnish the unconditional acceptance of LOA/GeM contract order within the time limit sp ecified in RFP and/or
  • b.fail or refuse to furnish the Security deposit/ Performance Security in accordance with Clause 21.1 of SC

C.

  • c.fail or refuse to enter into a Contract within the time limit specified in RFP. 2) In case of conflict of interest as per Clause 31 of GCC. 5.2 PERFORMANCE BANK GUARANTEE / SECURITY DEPOSIT
  • a)The successful bidder shall furnish to KMRL Performance security in the form of Payment online thr ough Internet Banking/ Fixed deposit receipt (FDR) from a scheduled commercial bank in India wi th lien mark to KMRL and payable at Kochi / Performance Bank Guarantee / account payee Dem and Draft (in favour of Kochi Metro Rail Ltd.) for an amount, equivalent to 5% of the Contract Pric e within 21 days from the date of issue of GeM contract.
  • b)In case of Internet Banking, payment shall be made to the following beneficiary account. Beneficiary name -KOCHI METRO RAIL LTD Account No. 0803201002929 IFSC Code - CNRB0000803 Bank Name- CANARA BANK Branch address- ERNAKULAM BROADWAY BRANCH. Successful Bidder must indicate Contract number and name of Seller entity in the transaction de tails field at the time of on-line transfer. Bidder has to submit proof of the Online Payment Transf er within 21 days of award of contract.
  • c)In case, if Performance Bank Guarantee (PBG) is submitted , it must be from a scheduled commerc ial bank in India, payable at a designated bank branch located in Kochi for an amount equivalent to 5% of the total contract value. The validity of the Bank Guarantee shall be twelve months beyo nd the expiry of contract period. Total validity period of the bank guarantee shall be 37 months Further as and when contract value increases, even as a result of revision in applicable taxes, the contractor shall be required to deposit additional BG(s) to ensure availability of Bank Guarantee at the rate of 5 % of contract value with KMRL at all times. Irrevocable bank guarantee in the prescribed format, given in Appendix 5, issued by a Scheduled Commercial Bank based in India payable at Kochi and must be issued on the Structured Financial Messaging System (SFMS) platform. The details of Purchaser’s bank are as under: Bank Name CANARA BANK Branch BROADWAY IFSC Code CNRB0000803 A/c. No. 0803201002929 Bank Address BROADWAY BRANCH, ERNAKULAM PINCODE 682031 The bank guarantee issued on the SFMS platform shall only be acceptable to the Employer.
  • d)The Purchaser shall be entitled on his part to forfeit the amount of the Performance Bank Guarante e/ Security deposit in whole or in part in the event of any default, failure or neglect on the part of the Supplier in the fulfilment or performance in all respects of the contract under reference or any other c ontract with the Purchaser. The Purchaser shall also be entitled to deduct from the amount of the Per formance Bank Guarantee/Security deposit any loss or damage which the Employer/Purchaser may s uffer.
  • e)KMRL at its sole discretion may request the Supplier to extend the Performance bank guarantee on the extension of contract period equal for a period of extended contract. In the event of the Contr actor/Service provider/Supplier failing to extend Performance bank guarantee, KMRL shall be ent itled to forfeit the performance bank guarantee.
  • f)PBG/ security deposit will not bear any interest.
  • g)PBG/ security deposit will be released to the Supplier within 60 days, after the completion of contra ct period and after all contract obligations if any, based on the written request from the successf ul bidder/contractor/vendor.
  • 6.Eligibility Criteria 6.1 Experience criteria Bids are invited only from OEM / OEM Authorized Agency only. Valid OEM Declaration/MAF/OEM authorisati on certificate shall be submitted along with the offer. 6.2 Local Service Centre Availability The OEM shall have a direct office or direct service centre or direct support centre in Kerala, operational fo r the last 5 years. The bidder shall submit the complete address of the facility in Kerala. The GST Registrati on Certificate of the facility in kerala shall be submitted along with the bid to verify the same. 6.3 Financial criteria The tenderers will be qualified only if they have minimum financial capabilities as below: - T1- Annual Turn over: The average annual turnover of the tenderer during last three Audited Financial Years 2023-2024, 20 24-2025 and 2025-2026 should not be less than Rs. 7.09 Lakhs. Financial data for last three financial years ie. CA audited balance sheet, Profit and loss statement for financial year 2023-2024, 2024-2025 and 2025-2026 has to be uploaded by the tenderer in Appendix-7. Chartered Accountant shall certify the finan cial data in the prescribed format with his stamp and signature. 'In case audited balance sheet of the last fi nancial year (2025-2026) is not made available by the bidder, the bidder has to submit an affidavit (As per format provided in A ppendix-7 A.) certifying that 'the balance sheet has actually not been audited so far’. In such a case the financial data of all the financial years will be taken in to consideration f or evaluation. However, if the affidavit is not submitted as per the format mentioned above, the turn over for that particul ar year will be considered as “zero” for the calculation of average annual turnover. 6.4 Bidders or products that have been blacklisted/debarred by KMRL, or whose contract with KMRL has b een terminated due to proven serious misconduct, fraud, or material contractual default, shall be ineligible to participate in this tender. Products previously rejected by KMRL due to failure to comply with the specifi ed technical requirements, performance requirements, or quality standards shall also be considered ineligi ble for this tender..
  • 7.Liquidated Damages and penalty during Warranty period 7.1 Liquidated Damages If the Seller/Contractor/Service provider fails to supply the items/complete the work/service within the stipu lated time in the purchase order/work order/LoA and/or contract, the Seller/Contractor/Service provider sha ll pay KMRL in terms of late delivery fee 0.5% of value of delayed goods/work/service per week of delay su bject to maximum 10% of the value of such goods/work/service. For avoidance of doubt, the L.D will be cal culated on pro rata basis for the no. of days of delay for the delayed goods/work/service. Any delay happe ned from KMRL will be excluded for the calculation of L.D 7.2 Penalty during Warranty period Any failure registered during the warranty period shall be attended to within 12 hours of reporting and nee ds to be rectified within 24 hours of reporting the fault. Failure to rectify the fault will attract a penalty of R s 500 for each faulty machine per day, subject to a maximum of 10% of the total contract value. After wh ic h, KMRL will forfeit the performance security, and the supplier will be blacklisted.
  • 8.Repeat Order Clause The Buyer shall have the right to place repeat orders for quantities equal to or less than the original Contra ct Order quantity within six (6) months from the date of the last supply made under the original Contract O rder, subject to the Supplier’s written acceptance. Such repeat orders shall be executed at the same prices , terms, and conditions as specified in the original Contract Order. The decision to place any repeat order s hall be solely at the discretion of KMRL.
  • 9.Rejection of Materials/items/ equipment Materials/items/ equipment supplied shall be new, unused and the specifications in line with the purchase order/contract issued by KMRL. In case of any rejection of material due to poor quality/ faulty design/ trans it damages, vendor s shall take back rejected products immediately within 07 days after receiving the inti mation from KMRL and the rejected item to be replaced with new product/ rectified product immediately at vendor's expense, including all freight costs. Payment will be released only after the successful replaceme nt of the rejected materials/items by the vendor. In case of any fail in collecting the rejected items from KM RL store within 30 days, from the date of receipt of Rejection intimation from KMRL, item will be scrapped without any further intimation.
  • 10.Delivery period and place of delivery 10.1 Delivery period Supply, installation, testing and commissioning of new machines, including operation and maintenance trai ning at respective delivery locations, need to be completed within 30 days from the date of issue of the pu rchase order. Buy-back of old machines shall be completed simultaneously or within 30 days of commissio ning of new machines. Ownership of old machines shall transfer to the bidder only after successful commis sioning and acceptance of the new machines. 10.2 Place of delivery Place of supply for new machines and pick up of old machines may be at different locations/ stations of Ko chi Metro. Locations will be from Aluva to Thripunithura metro stations or Muttom Depot. Actual locations will be intimated to the successful bidder at the time of delivery. After supplying the machines,the supplier needs to remove the packing materials from the site at their own cost and risk.
  • 11.Documents submitted along with technical bid
  • a.Tender Index as per Appendix 1 of this tender document
  • b.Proof of EMD paid. In case EMD exemption required, valid exemption certificates along with Bid security declaration as per Appendix -8 to be submitted along with the technical bid
  • c.Duly filled company profile as per Appendix 2 of this tender document with necessary attachments requ ested
  • d.Schedule of compliance with technical specification as per Appendix 3 of this tender document.
  • e.Proof or experience as per the eligibility criteria of the tender.
  • f.Letter of proposal submission as per Appendix 4
  • g.Financial details as per appendix 7 / 7A.
  • h.Sealed and signed copy of KMRL Technical specifications as per annexure -1 of ATC document as a toke n of acceptance.
  • i.Catalogue or brochure for the specific model along with the bid for which the bidder is quoting.
  • j.Any other documents relevant to this tender.
  • 12.Determination of Responsiveness: Bid of those tenderers shall be considered as non-responsive & shall be rejected (post clarification if any) if :
  • a)The quoted item fails to meet the specified technical requirements.
  • b)Non-submission of documents as per clause 11 of Buyer uploaded ATC document.
  • 13.Clarifications Please note that queries related to enquiry specifications, terms & conditions etc. should be submitted 07 days before the bid submission end date of the tender through GeM portal only. M/s. Kochi Metro Rail Ltd ( KMRL), at its sole discretion, may not entertain the queries sent by post/fax/emails or through any other m ode of communication. The KMRL will publish the reply to all such queries as corrigendum if required.
  • 14.Dispute Resolution and Jurisdiction of Courts: Any dispute which may emanate from the contract shall be settled amicably through mediation/ conciliatio
  • n.Whenever resource to a Court is warranted, Courts at Ernakulam shall have the exclusive jurisdiction to try all disputes between the parties.
  • 15.Variation clause: The Employer reserves the right to increase or decrease the quantity up to 25% of the quantity offered by the successful tenderer. The successful tenderer is bound to accept the increase or decrease in the tender ed quantity upto 25% under this clause as ordered at the time of placement of contract and/or during the c urrency of the contract. Employer also reserves the right to operate the increase in quantity upto 25% at it s sole discretion within a period of one year from the date of first Purchase Order. While operating this clau se the quantity shall be rounded off to the next whole number. PBG may be confiscated by KMRL if contra ct or/supplier fails to execute according this variation clause.
  • 16.Change in Duties & Taxes:
  • 1.Offer Prices on GeM shall be on all-inclusive basis i.e. including all taxes, duties, local levies / transp ortation / loading-unloading charges etc. In the case of Bid / RA, complete break-up of the quoted pric e in the required price bid format shall furnished by the Bidder, before award of contract.
  • 2.Any Statutory variation in the rate of GST /any other taxes and duties, taking place between the Bid Submission by bidder and Bid End Date, shall be to the bidder's account. Hence, bidder must ensure t hat any Statutory variation in the rate of GST till Bid End Date is duly incorporated in the bid submitte d by the bidder. In case bidder fails to incorporate the same in bid, the bidder will not be eligible for cl aiming any change in price due to such Statutory variation.
  • 3.Statutory variation in the rate of GST/any other taxes and duties taking place between the Bid end d ate and the original / refixed contract period, shall be to the KMRL’s account. For claiming any change in price due to such Statutory variation, the contractor/service provider shall have to lodge claim befo re KMRL providing documentary evidence of change in rate of GST taking place after Bid end date and within the original / refixed contract period along with an undertaking that the provisions of anti-profit eering clause under GST Act have been complied with. 17.INSOLVENCY AND BREACH OF CONTRACT The Employer may at any time, issue notice in writing summarily terminate the contract without compens ation to the Contractor/ Service Provider in any of the following events, that is to say:
  • a)If the Contractor/ Service Provider being an individual or a firm: -. Any partner thereof, shall at any time, be adjudged insolvent or shall have a receiving order or order for administration of his estate made agai nst him or shall take any proceeding for composition under any Insolvency Act for the time being in forc e or make any conveyance or assignment of his effects or enter into any assignment or composition wit h his creditors or suspend payment or if the firm be dissolved under the Partnership Act, or
  • b)If the Contractor/ Service Provider being a company is wound up voluntarily or by the order of a Court or a Receiver, Liquidator, or Manager on behalf of the debenture holders is appointed, or circumstances sh all have arisen which entitle the Court or Debenture holders to appoint a Receiver, Liquidator or Manage r, or
  • c)If the Contractor/ Service Provider commits any breach of the contract not herein specifically provided fo

r.

  • d)Provided always that such determination shall not prejudice any right of action or remedy which shall h ave accrued or shall accrue thereafter to the Employer and provided also the Contractor/ Service Provid er shall be liable to pay to the Employer any extra expenditure he is thereby put to and the Contractor/ Service Provider shall, under no circumstances, be entitled to any gain on re purchase. CORRUPT/FRAUDULENT/ ANTI-COMPETITIVE PRACTICE/COERCIVE PRACTICES / CONFLICT OF INT EREST/ OBSTRUCTIVE PRACTICE Definition The Employer requires that the Bidders/Contractor, their designated consultants and/or their agents obser ve the highest standards of ethics during Tendering and execution of this Contract. In pursuance with this policy, the Employer:
  • a)defines, for the purpose of these provisions, the terms set forth below as follows:
  • i.“corrupt practice” means making offers, solicitation or acceptance of bribe, rewards or gifts or any material benefit, in exchange for an unfair advantage in the procurement pr ocess or to otherwise influence the procurement process or contract execution. ii. “fraudulent practice” means any omission or misrepresentation that may mislead or attempt to mislead so that financial or other benefits may be obtained or an obligation avoided. This includes making false declaration or providing false information for partici pation in a tender process or to secure a contract or in execution of the contract. iii. “Anti-competitive practice”: any collusion, bid rigging or anti-competitive arrangem ent, or any other practice coming under the purview of The Competition Act, 2002, betw een two or more bidders, with or without the knowledge of the procuring entity, that ma y impair the transparency, fairness and the progress of the procurement process or to e stablish bid prices at artificial, non-competitive levels. iv. “coercive practice” means harming or threatening to harm, persons or their property to influence their participation in the procurement process or affect the execution of a c ontract.
  • v.“Conflict of interest”: participation by a bidding firm or any of its affiliates that are ei ther involved in the contract to which this procurement is linked; or if they are part of more than one bid in the procurement; or if the bidding firm or their personnel have relationships or financial or business transactions with any official of procuring entity w ho are directly or indirectly related to tender or execution process of contract; or impro per use of information obtained by the (prospective) bidder from the procuring entity wi th an intent to gain unfair advantage in the procurement process or for personal gain; a nd vi. “Obstructive practice”: materially impede the procuring entity’s investigation into all egations of one or more of the above mentioned prohibited practices either by deliberat ely destroying, falsifying, altering; or by concealing of evidence material to the investig ation; or by making false statements to investigators and/ or by threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or by impeding the procuring ent ity’s rights of audit or access to information;
  • b)If the procuring entity/ Employer comes to a conclusion that a bidder/ Contractor directly or through an agent, has indulged in corrupt/fraudulent/ Anti-competitive practice /coercive practices/ Co nflict of interest/ Obstructive practice, the procuring entity/ Employer may take appropriate m easures including one or more of the following:
  • a.If his bids are under consideration in any procurement
  • i.Forfeiture or encashment of bid security; ii. calling off of any pre-contract negotiations; and iii. rejection and exclusion of the bidder from the procurement process
  • b.If a contract has already been awarded
  • i.Cancellation of the relevant contract and recovery of compensation for loss incurred b y the procuring entity; ii. Forfeiture or encashment of any other security or bond relating to the procurement; iii. Recovery of payments including advance payments, if any, made by the procuring e ntity along with interest thereon at the prevailing rate;
  • c)Provisions in addition to above:
  • i.Removal from the list of enlisted contractors and banning/ debarment of the bidder fro m participation in future procurements of the procuring entity for a period not less th an one year; ii. In case of anti-competitive practices, information for further processing may be filed with the Competition Commission of India; iii. Initiation of suitable disciplinary or criminal proceedings against any individual or sta ff found responsible.
  • 18.NON EXCLUSIVE KMRL on its sole discretion reserves the rights to avail the similar services from other Service Providers/ ot hers during the Contract period.
  • 19.TERMINATION OF THE CONTRACT In the event of any breach of contractual obligations as per the contract including scope of work, KMRL res erves the right to terminate the contract, by giving one-month notice. .
04

Buyer Added Bid Specific ATC

View PDF · p. 15

Buyer uploaded ATC document Click here to view the file.

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