Procurement of BHEL general valves for Boiler pressure parts area at NTPC Vindhyachal

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

• 1.The offer submitted by the OEM vendor- “M/s. BHARAT HEAVY ELECTRICALS LTD” shall only be accepted. However, in place of OEM/OES, the offers received from a Single Authorized agency of the OEM/OES vendo r shall be accepted provided Tender specific authorization of the OEM/OES is uploaded along with their offer. The bids of all other vendors shall be invariably rejected.
• 2.PRICE BASIS: The Price Quoted shall be firm till the completion of delivery and on F.O.R. Destination Site basis. Bidder has to quote the unit basic price inclusive of P&F, Freight, Insurance Charges, GST and any ot her charges
• 3.WARRANTY /GUARANTEE: The provision for warranty/guarantee will be 12 Months from the date of inst allation/first use or 18 Months from the date of dispatch whichever is earlier. No separate Guarantee/ Warr anty Certificate is required to be submitted by the Supplier along with the material. The Guarantee/ Warra nty terms and conditions shall be binding on the supplier.
• 4.Interchangeability: Vendor shall stand for interchangeability of the spares with the existing component s and for fitment into existing equipment without any mismatch. No separate Fitment/Interchangeability C ertificate is required to be submitted by the Supplier along with the material. The Fitment/Interchangeabili ty terms and conditions mentioned above shall be binding on the supplier.
• 5.INSPECTION: Materials will be inspected after receipt at NTPC Stores.
• 6.Vendor has to provide HSN code and applicable GST rate which is included in the price of each item quote

d.

• 7.Bidder(s) is requested to submit the following documents along with BID to avoid delay in getting the clar ifications and confirmations.
• a.Technical Data Sheet for all the offered items.
• b.Signed Technical Compliance for all the offered items.
• c.Duly signed and stamped present Special Purchase Conditions document in support of ac ceptance
• d.Documents in Support of Price justification: Vendors are requested to submit the docume nts like- POs issued by NTPC/Govt Organization/ Any reputed Organization / Material indice s justifying the Price hike/Price lists etc. along with their bid in support of their quoted rate

s.

• e.Any other documents specified in technical specifications document
• 8.Risk purchase: In the event of Suppliers failure to supply the material of acceptable quality in scheduled delivery period, NTPC reserves the right to procure the materials from any other source at the Supplier (s r isk and cost and the difference in cost shall be borne by the Supplier. Further, NTPC shall retain the right o f forfeiture of CPG and or any other action as deemed fit.
• 9.Bidder(s) are requested to provide the following along with their offer: Delivery period mentioned in the B ID document is indicative and bidder(s) shall put all efforts to accept the same. If Bidder is NOT able to acc ept the BID delivery period, Bidder may provide the Earliest Possible Delivery Period with LD clause applic able. Delivery Period will be finalized at the time of award on mutual consent. At present there is no provis ion to change the delivery period while awarding the contract in GeM portal, the delivery period without LD will be extended to the mutually accepted delivery period. No need of any corrigendum to change the deli very period.
• 10.Documents required for payment:
• a.Invoice
• b.LR/RR Copy
• c.Certificate of compliance
• d.Any other documents specified in bid
• 11.Anti-Bribery and Anti-Corruption (ABAC) Policy: The Bidder and its employees along with its Associate/ Collaborator/ Sub- Contractors / Sub-Vendors / Cons ultants / Service Providers and all other persons associated with business of employer shall strictly adhere to Anti- Bribery and Anti-Corruption (ABAC) Policy of Employer displayed on tender website https://ntpcten der.ntpc.co.in/. Adherence to NTPC ABAC policy shall be provided by bidder in the form of declaration as per A nnexure-I given below.
• 12.CONFLICT OF INTEREST A bidder shall not have conflict of interest with other bidders. Such conflict of interest can lead to anti- competitive 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 enti ty; 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 the m 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 by or is(are) under common control of another entity, has(ve) participated as a consultant in the prep aration 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 cannot represent two manufacturers/service providers or quote on their behalf in a particular tender e nquiry. One manufacturer/service provider can also authorize only one agent. There can be only one b id from the following:
• i)The principal manufacturer/service provider directly or through one Indian agent on his beh alf; and ii) Indian/foreign agent on behalf of only one principal. For the purposes of this clause the term ‘control’ shall have the following meaning: “Control” shall include the right to appoint majority of the directors or to control the management or p olicy decisions exercisable by a person or persons acting individually or in concert, directly or indirectl y, including by virtue of their shareholding or management rights or shareholders’ agreements or voti ng agreements 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 th e 'Conflict of Interest' provisions solely because they are under common control of Government of Indi a/State Government. Adherence to NTPC aforementioned clause shall be provided by bidder in the form of declarati on as per Annexure-II given below.
• 13.If you submit the bid against this GEM tender, it is deemed that you are adhering to /complying with Anne xure-I and II below. No further claim regarding this shall be entertained. ANNEXURE-I (Adherence to Employer’s Anti-Bribery and Anti-Corruption (ABAC) Policy) We and our employees along with our associate / collaborator/ subcontractors / sub vendors / consultants / service providers shall strictly abide by ‘Anti-Bribery and Anti-Corruption (ABAC) Policy’ of Employer as dis played on tender website at https://ntpctender.ntpc.co.in/ under section ‘policy docs’ and undertake that w e represent and confirm that we are aware of, understand, and will comply with all applicable laws and reg ulations relating to anti-corruption and anti-bribery and the ABAC Policy of Employer. In addition, each Part y agrees that so long as it is conducting business with the other Party or the other Party’s affiliates, it will n ot, directly or indirectly, on behalf of the other Party or the other Party’s affiliates promise, offer, solicit, au thorize, give or receive bribe, or other corrupt payment, item or service of value, or any other corrupt adva ntage, whether in cash or in kind, in relation to the participation in the tender. ANNEXURE-II (Compliance to “Conflict of Interest” provisions) We confirm that we have read and understood the ITB* Clause regarding “Conflict of Interest” and our bid i s in compliance to this clause. In case it is established that we have provided any false information in pursuance of the aforesaid ITB* Cla use, while competing for this contract, then our bid shall be rejected and bid security shall be forfeited. We also understand that in case we become successful bidder, if it is established that we have not complie d with terms of aforesaid ITB* Clause, during execution of contract, this would be considered as fraudulent practice as mentioned in para 5.1 (j) of “Policy for Debarment from Business Dealings” and shall be dealt a ccordingly. .