Procurement of spare parts for 90 HP Mercury 2 stroke OBM

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.

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

Bidders shall quote only those products (Part of Service delivery) in the bid which are not obsolete in the market and has at least 2 years residual market life i.e. the offered product shall not be declared end-of- life by the OEM before this period.

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 %.

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

Manufacturer Authorization:Wherever Authorised Distributors/service providers are submitting the bid, Authorisation Form /Certificate with OEM/Original Service Provider details such as name, designation, address, e-mail Id and Phone No. required to be furnished along with the bid

IMPORTED PRODUCTS: In case of imported products, OEM or Authorized Seller of OEM should have a registered office in India to provide after sales service support in India. The certificate to this effect should be submitted.

Bidders can also submit the EMD with Account Payee Demand Draft in favour of Commandant (WW) payable at SBI- BAGUIATI, CODE-01488, IFSC-SBIN0001488, Aswini Nagar, VIP Road, Baguiati, 24 PGS(N)-WB-700059 . Bidder has to upload scanned copy / proof of the DD along with bid and has to ensure delivery of hardcopy to the Buyer within 5 days of Bid End date / Bid Opening date.

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

Warranty period of the supplied products shall be 1 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'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.

Buyer Added text based ATC clauses

• (A)DELIVERY - Delivery of items at the site of consignee is the responsibility of suppliers ( including transp ortation and all other charges)
• (B)Buyer have right to reject the id at any stage without information to firm. ADDITIONAL TERMS AND CONDITIONS (ATC)
• 1.Firms/dealers/suppliers deal with supplying of Spare Parts for 90 HP Mercury 2 Stroke Out Board Motor (2B series) or deal with supplying spares of any HP(75/115/250) of Mercury/ Mariner outb oard motor are eligible to participate in above BID.
• 2.Undertaking certificate for Cartel formation: Participated bidder is required to submit the undertaking certificate with the bid documents for no n-submission of bid through cartel formation as per Appendix -‘A’.
• 3.Bidder has to submit an undertaking that their firm has never submitted any fake/forged/edited mi sleading documents in any of the government department in the last 02 years, and their documen ts have never been found –fake/ forged/edited/ misleading by any government department in the l ast 02 years. If the undertaking is found false/manipulative/misleading, the firm shall be blackliste d for 02 years from BSF as per Appendix-‘B’
• 4.Bidder has to give an undertaking on letter head that their firm has not defaulted in the supply of any contract issued by any Government Department in last 2 years in any consignee. If the under taking found false/manipulative/ misleading, the firm shall be blacklisted for 02 year from BSF. As per Appendix-‘C’.
• 5.Participated firms should submit a self-declaration that the bidder is not under watch list /banned /suspended / blacklisted by any Govt Department as per Appendix-‘D’
• 6.Bidder Financial Standing: The Bidder should not be under liquidation, court receivership or si milar proceeding, should not be bankrupt. Bidder to upload undertaking to this effect with bid as p er Appendix-‘E’.
• 7.ATC: Participated firms should also submit certificate (along with bid documents) in their letter pa d that “Firm has accepted all terms and conditions mentioned in the instant bid” (as per Appendix-‘F’).
• 8.The firm/bidders should submit the firm Pan Card, GST Registration Certificate and Propriet or Aadhar Card with the bid documents.
• 9.Disclaimers and rights of procuring entity: The issue of the bid document does not imply that the procuring entity is bound to select B IDs and it reserves the right without assigning any reason to :
• (a)Reject any or all of the bids; OR
• (b)Cancel the tender process: OR
• (c)Abandon the procurement of the Goods: OR
• (d)Issue another tender for identical or Similar Goods
• (e)Reserve the right to accept or reject bids with any all deviations
• 10.Liquidated Damages: In case the firm does not complete the supply within the laid down agr eed delivery period as per contract action will be taken against the firm as per clause 9.3.8, 9. 3.9 & 9.3.10 of manual for procurement of goods 2024, MOF
• 11.Right to Rejection: Stores will be accepted after inspection and only if they are found upto t he standard specification. The decision of the BSF shall be final as to the quantity of the stores and shall be binding upon the tenders and in case of any of the articles supplied not being found as pe r losses caused to supplies should be born by the supplier and ensured by the supplier that article s supplied should be best in quality and free from all defects. The rejected stores must be remove d by the tenderer from the consignee’s premises within 15 days from the date of intimation about rejection at the risk and cost of the tenderer. The in charge stores concerned will take reasonable view of such materials but in no case shall be responsible for any loss short age damage that may occur to it while is in the premises of the consignee.
• 12.Common IP Address Bidders may please note that during evaluation of bids, GeM has option of capturing and showin g the IP addresses used by the Buyer and the Bidder(s)/Seller(s). The received Bids having match ing/common/same IP address with either bidder(s)/Seller(s) or Buyer, shall be outright rejected & shall not be considered for further evaluation.
• 13.Conflict of Interest “ The firms shall submit the declaration as per Appendix ‘G” along w ith the bid documents, failing which there bid shall be rejected”
• 14.Past Performance: 30% with supplying Mercury/Mariner OBM Spares.
• 15.Participated firms should submit Fall Clause as per Appendix- H, failing which there bid shall be rejected.”
• 16.Participated firm should also submit MSME Udhyam registration Certificate along with all supporting documents as applicable.
• 17.Bank details for depositing of EMD and ePBG by the bidder is as under :- Commandant (WW) SBI -BAGUIATI, CODE-01488 IFSC - SBIN0001488 Aswininagar, VIP Road, Baguiati 24 PGS (N)-WB-700059 Note : The format of Bank Guarantee is attached as Appendix-I
• 18.Bidder are advised to check the appliable GST on their own before quoting. Buyer will not tak e any responsibility in this regard. GST reimbursement will be as per actuals or as per applicable r ates (whichever is lower), subject to the maximum of quoted GST%.
• 19.Supplier shall ensure that the invoice is raised in the name of Consignee with GSTIN consignee only. While generating invoice in GeM Portal, the seller must upload scanned copy of GST invoice a nd the screenshot for confirming payment of GST.
• 20.If the seller failed to supply the store within the specific period, then buyer should have the rig ht to take necessary /required action against the seller in accordance with GST of GeM.
• 21.ISO Certificate – Not applicable being distributor/supplier of foreign origin.
• 22.Dedicated/toll free telephone No. for service support: Bidder/OEM must have dedicated mobile and land line phone number for service support.
• 23.MSE/Startups and all other exempted category – Should submit Bid Security Declaration Certificate alongwith the technical Bid documents failing which their offers shall be rejected at initi al stage and that no representation shall be entertained. Note : Format of Bid Security Declaration Certificate is attached as Appendix-J
• 24.Integrity pact: As per bid requirement, participated bidder should have to sign the integrity pact with the procuring entity as per specified format as per Appendix-‘K’
• 25.Under taking certificate for “ Make in India Products “ Bidder to uploaded certificate regarding percentage of the local content and the details of lo cations at which the local value addition is made alongwith their bid as per Appendix-L
• 26.Bidders offer is liable to be rejected if they don’t upload any of the certificate/document sough t in the bid documents, ATC and Corrigendum if any. This clause required to be included in buyer a dded bid ATC
• 27.Force Majeure Condition: If at any time during the continuance of the Contract, the perform ance in whole or in part by either party of any obligation under this Contract shall be prevented or delayed by the reasons of any war, hostility, acts of the public enemy, epidemics, civil commotion, sabotage, fires, floods, explosion, quarantine restrictions, strikes, lockouts or act of God provided n otice of happening of such event duly evidenced with documents is given by one party to the othe r within 10 days from the date of occurrence thereof, neither party shall be by reasons of such eve nt, be entitled to terminate the contract nor shall either party have any cl 7/11 aim for damages ag ainst the other in respect of such non-performance or the delay in performance, and deliveries un der the contract shall be resumed as soon as practicable after such event has come to an end or c eased to exist, and the decision of the Buyer as to whether the deliveries have been so resumed o r not, shall be final and conclusive, Provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reason of any such event for a period ex ceeding 10 days, either party may at its option terminate the contract provided also that the Buyer shall be at liberty to take over from the seller at a price to be fixed by Buyer, which shall be final, a ll unused, undamaged and accepted material, bought out components and Goods in course of ma nufacture in the possession of the Seller at the time of such termination or such portion thereof as the Buyer may deem fit excepting such materials, bought out components and Goods as the Seller may with the concurrence of the Buyer elect to retain.
• 28.Risk Purchase clause: In the event of failure of supplier to deliver of dispatch of stores to pr ovide the required service within the stipulated dates/period of the supply order/AT or in the event of breach of any of the terms and conditions of the AT, the purchaser will have the right to purcha se the subject stores elsewhere at the risk and cost of defaulting supplier after giving a notice to d efaulting supplier. The cost as per risk purchase exercise may be recovered from the bills pending with the purchaser even against any other supplies outside this contract or even from the pending bills with any other Govt Department/Ministry. In the event of contract being cancelled for any bre ach committed and the purchase effecting repurchase of the subject store at the risk and cost of c ontractor, the purchaser is not bound to accept the lower offer of Benami of allied sister concern o f the contractor.
• 29.Arbitration: the latest general terms and condition on GEM 4.0 (version 1.7) clause No. 16.2
• (Arbitration)is as under In the event of any conflict / dispute arising out of or in connection with the Contract placed throug h GeM, which has not been resolved in accordance with the procedure laid down in Clause 16.1 ab ove, the aggrieved Party may invoke Arbitration by sending a written notice to the other Party. The procedure for appointment of the Arbitral Tribunal shall be as follows.
• (i)In cases where the total value of the Contract is less than INR 1,00, 00,000/- (Indian Rupees On e Crore only) the same shall be referred to a sole arbitrator mutually appointed by both the Parties .
• (ii)Where the total value of the Contract exceeds INR 1,00,00,000/- (Indian Rupees One Crore on ly), the arbitration shall be conducted by a quorum of three arbitrators. Each party shall be entitle d to appoint an arbitrator and the two party-appointed arbitrators shall within 30 (thirty) days fro m their nomination, appoint a third arbitrator i.e., the Presiding Arbitrator. iii. In case of failure to appoint the Presiding Arbitrator within a period of 30 (thirty) days from the date of nomination of the two arbitrators by the respective parties, the aggrieved party shall appro ach the High Court (under whose jurisdiction the principal place of business of the Buyer departme nt/ organization is located) to appoint the Presiding Arbitrator as per the provisions of the Arbitrati on and Conciliation Act, 1996 (as amended up to date). iv. The arbitration shall be conducted in the English language. Arbitration proceedings can also be conducted online, as per the discretion of the Arbitral Tribunal.
• v.The cost of the Arbitration shall be equally borne by both the Parties. vi. The award of the arbitrator shall be final and binding on the Parties to the Contract. The arbitra tion shall be governed by the Arbitration and Conciliation Act, 1996, as amended from time to time . The seat of arbitration shall be at the place where the principal place of business of the Buyer de partment / organization is located. vii. The Contract shall be interpreted and governed in all respects in accordance with the laws of I ndia. All disputes in connection with or arising out of the Contract, shall be subject to the exclusive jurisdiction of the Court within the local limits of whose jurisdiction principal place of business of th e Buyer department / organization is located.
• 30.Dispute resolution between the buyer and the seller/service provider: The clause No. 16 as mentioned in General Terms & Condition on GeM 4.0 (Version 1.12) dated 16th August 2023 is as under: - 16.1 Conciliation:
• i.The Parties (i.e., the Buyer and the Seller/ Service Provider) undertake that any conflict or disput e that may arise between them shall first be dealt with in the manner stated be low, irrespective o f any other recourse, which any Party may have in law or in equity. ii. In the event of any conflict or dispute arising out of or in connection with the General Terms and Conditions on GeM 4.0 (Version 1.12) dt 16th August 2023 Contract placed through GeM, the Parties shall endeavor to settle such disputes amicably. If a dispute is not resolved within 30 (thirt
• y)days after a written notice of any dispute by one Party to the other, the same shall then be resol ved through the mechanism of a Dispute Resolution Committee. This Dispute Resolution Committe e shall comprise of rep representatives of both the Buyer and the Seller / Service Provider and sha ll be chaired by the Primary User of the Buyer organization/department or any other person as aut horize d by the Primary User. If the Dispute Resolution Committee is not able to resolve the matter within 30(thirty) days of its formation, the dispute shall then be referred to Arbitration. 16.3 Both the Parties understand and agree that GeM being an Intermediary cannot be made a party to any dispute in connection with or arising out of the Contract and/or the arbitration procee dings between the Parties. 16.4 Where the arbitral award is for the payment of money, no interest shall be payable on whole or any part of the money for any period till the date on which the award is made.
• 31.Requirement of mandatory undertaking certificate :- the bidder should submit all undert aking certificate duly signed which is uploaded in buyer added bid specific ATC (Appendix ‘A’ t o ‘L’). .

Buyer uploaded ATC document Click here to view the file.

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

Successful Bidder can submit the Performance Security in the form of Payment online through RTGS / internet banking also (besides PBG which is allowed as per GeM GTC). On-line payment shall be in Beneficiary name Commandant (WW) Account No. Account No.33474998242 IFSC Code IFSC Code-SBIN0001488 Bank Name STATE BANK OF INDIA Branch address SBI- BAGUIATI, CODE-01488, IFSC-SBIN0001488, Aswini Nagar, VIP Road, Baguiati, 24 PGS(N)-WB-700059 . Successful Bidder to indicate Contract number and name of Seller entity in the transaction details field at the time of on-line transfer. Bidder has to upload scanned copy / proof of the Online Payment Transfer in place of PBG within 15 days of award of contract.