COND ELCTRD (GEN PW SYSTM, Model FM 8310), Cable, Forbes Marshall Make, Model: 8310

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 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 Sub: Procurement of M/s Forbes Marshall Private Limited Make Conduc tivity electrode and cable with matching connector for Generator P rimary Water System of MTPS U#1-8, DVC on OEM basis through G eM. 1.TENDER TYPE: Single (OES, OEM) through GeM This tender is being processed on OEM basis. The bid will be considered only if, it has been submitted by O EM M/s FORBES MARSHALL PVT. LTD., plot No. B-85, Phase - 11, Chakan Industrial Area, Village -Savardari-Chakan, Taluka-Khed, Pune 410501. Tender/Bids not meeting above criteria shall be outri ghtly rejected.

• 2.PRICE BASIS: The rates quoted by the bidder must be Firm till execution of the contract and on FOR Destination Basis in INR currency and that will be inclusive of Packing & Forwarding charges and Freight charges (if any) etc. and inclusive of Goods and Services Tax (GST). HSN CODE & GST REG. CERTIFICATE- Please mention HSN code for each item. Submission of GST registration certificate is also required. The Estimated Bid Value mentioned is excluding of GST. Bidders are advised to quote bid in clusive of GST as per GeM terms & conditions and other charges if applicable.
• 3.LD CLAUSE: If the Seller/Service Provider fails to deliver any or all of the Goods/Services within the original/re-fixed deli very period(s) specified in the contract, the Buyer will be entitled to deduct/recover the Liquidated Damag es for the delay, unless covered under Force Majeure conditions aforesaid, @ 0.5% of the contract value of delayed quantity per week or part of the week of delayed period, until actual delivery or performance, as p re-estimated damages not exceeding 5% of the total contract value without any controversy/dispute of an y sort whatsoever. However, in case of inordinate delay maximum deduction shall be 10% of the total cont ract value. Note: Inexcusable delays of more than one-fourth (25%) of the completion period specified in the contract shall be treated as inordinate delay(s).
• 4.RISK PURCHASE CLAUSE:
• i.Alternatively, the Purchaser reserves the right to purchase the material from elsewhere at the sole risk and cost of the Vendor and recover all such extra cost incurred by the Purchaser in procuring the material by t he above procedure. ii. Alternatively, the Purchaser may cancel the Order completely or partly without prejudice to his right under the alternatives mentioned above. iii. In the event of recourse to alternative (i) and (ii) above, the Purchaser will have the right to repurchase the stores, to meet urgency in requirement caused by Vendors failure to comply with the schedule of delivery irrespective of the fact whether the materials are similar or not.
• 5.FORCE MAJEURE CLAUSE: Vendor shall not be considered in default if delay in delivery occurs due to causes beyond his control su ch as acts of God, natural calamities, civil wars, fire, strike, frost, floods, riot and acts of unsurpassed po wer. Only those causes which have duration of more than seven (7) days shall be considered cause of f orce /calendar majeure. A notification to this effect duly certified by the statutory authorities shall be gi ven by the Vendor to the Owner within 10 days from the date of such Force Majeure condition by regist ered letter. In the event of delay due to such causes, the delivery schedule will be extended for a lengt h of time equal to the period of force majeure or at the option of the Owner the order may be cancelled. Such cancellation would be without any liability whatsoever on the part of the Owner. In the event of su ch cancellation, the Vendor shall refund any amount advanced or paid to the Vendor by the Purchaser a nd deliver back any materials issued to him by the Purchaser and release facilities, if any, provided by t he Purchaser.
• 6.PAYMENT: 100% payment will be released within ten (10) days of issue of consignee receipt-cum-acceptance certifica te (CRAC) and on-line submission of bills.
• 7.Security Deposit-Cum-Performance Guarantee: For procurement up-to Rs. 1 Cr, security deposit may be recovered as Pro-rata deduction @3% from th e RA bills and it will be released after performance Guarantee period.
• 8.INSPECTION: Goods supplied will always be subject to our inspection on arrival at the destination.
• 9.TRANSIT INSURANCE: Arrangements for transit insurance can be made by DVC as per Mega Risk Policy arranged with existing underwriter as per time being imposed.
• 10.GUARANTEE/WARRANTY: The Vendor shall warrant that all material supplied under the Order shall be new, unused and conform t o the Purchasers / owners requirements and specifications as mentioned in the NIT. The Vendor shall gu arantee the material under the Order for a period as follows. Material Code Guarantee/Warranty For All Materials 18 months from the date of delivery or 12 months from the date of commissioning whichever is earli er The date of delivery to be reckoned as the date of receipt of the material at site by the consignee. The Vendor shall agree to replace any material, which has been proved defective or fails to conform to the d esired specifications free of cost to the Purchaser within the Guarantee/Warranty Period. The guarantee period for such replaced part shall be the same as that of materials specified earlier. Inspection and acc eptance of material, by DVC at DVC Site shall not in any way relieve the Vendor from the responsibility for proper performance during the guarantee period.
• 11.LIMITATIONS OF LIABILITY: Except in cases of Criminal Negligence or wilful misconduct, (i) The Contractor and The Employer shall not be liable to the Other Party for any indirect or consequential loss or damage, loss of use, loss of pro duction, or loss of profits or Interest costs, provided that this exclusion shall not apply to any obligation of the Contractor to pay liquidated damages to the Employer AND (ii) The aggregate liability of the Cont ractor to the Employer, whether under the Contract, in tort or otherwise, shall not exceed the total Cont ract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equ ipment, or to any obligation of the Contractor to indemnify the Employer with respect to patent infringe ment, copy right, workman compensation.
• 12.INSPECTION/CHECKING/TESTING: All materials to be manufactured/ supplied by you against this enquiry shall be subject to inspection aft er arrival at site, check and/or test by the purchaser or his authorized representative. If upon delivery, t he material does not meet the specifications the material shall be rejected, and you will be intimated fo r repair/modify or for replacement. In such cases all expenses including to-and-fro freight, repacking ch arges etc., if required shall be to your account.
• 13.PACKING AND MARKING: All goods shall be securely packed. All packages and unpacked materials shall be marked on at least tw o places indicating the name of the Purchaser/ Consignee, Purchase Order No., gross & net weights, and dimensions with indelible paint in English. In case of bundles, metallic plates marked with the above det ails shall be tagged.
• 14.CANCELATION/ SHORT CLOSURE: The Owner may terminate/short close the contract, by not less than 30 days’ written notice to the bidde r, to be given after occurrence any of the events specified in the Sl. No. (a) to (e) of this clause and 60 days in the case of the event referred to Sl. No. (f), (g) & (h) below:
• a)The Vendor fails to comply with any of the terms of the Order or the bidder do not remedy a failure in the p erformance of their obligations under the Contract, within thirty (30) days after being notified or within any further period as the Owner may have subsequently approved in writing.
• b)The Vendor becomes bankrupt or goes into liquidation.
• c)If because of Force Majeure, the Bidder is unable to supply a material for a period of not less than 60 days.
• d)If the Bidder, in the judgment of the Owner has engaged in corrupt or fraudulent practices in competing or in executing the Contract to this clause.
• e)"Corrupt Practice" means the offering, giving, receiving, or soliciting of anything of value to influence the a ction of a public official in the selection process or in contract execution.
• f)"Fraudulent Practice" means a misrepresentation of facts to influence a selection process or the execution of a contract to the detriment of the Owner.
• g)The vendor is otherwise precluded from complying with any of the terms of the order on account of any dir ectives of any lawful authority.
• h)If the Owner, at its sole discretion, decides to terminate this Contract. DVC reserves the right not to issue/accept tender documents to any intending bidders with whom DVC has stopped entering business by virtue of policy decision. 15.CONFLICT OF INTEREST: A bidder shall not have conflict of interest with other bidders. Such conflict of interest can lead to anti- com petitive practices to the detriment of Employer’s interests. A bidder may be considered to have a conflict o f 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 entity; o r
• 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 them 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 preparation of t he 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 canno t represent two manufacturers/service providers or quote on their behalf in a particular tender enquiry. On e manufacturer/service provider can also authorize only one agent. There can be only one bid from the foll owing: i)The principal manufacturer/service provider directly or through one Indian agent on his behalf; 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 polic y decisions exercisable by a person or persons acting individually or in concert, directly or indirectly, inclu ding by virtue of their shareholding or management rights or shareholders’ agreements or voting agreeme nts 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 the 'C onflict of Interest' provisions solely because they are under common control of Government of India/State Government. Compliance to “Conflict of Interest” provisions to be submitted as per format Bid Forms and Procedures.
• 16.PREVENTION OF CORRUPTION ACTIVITIES: A public procurement contract, besides being a commercial transaction, is also a legal Transaction and it is abided by Prevention of Corruption Act, 1988.
• (1)The Bidder(s)/ Contractor(s) commit themselves to take all measures necessary to prevent corruption. The Bidder(s)/ Contractor(s) commit themselves to observe the following principles during participation in the tender process and during the contract execution:
• a.The Bidder(s)/Contractor(s) will not, directly or through any other person of firm, offer, promise or give t o any of Principal's employees involved in the tender process or the execution of the contract, or to any thi rd person any material or other benefit, which he/she is not legally entitled to, in order to obtain in exchan ge any advantage of any kind whatsoever during the tender process or during the execution of the contrac

t.

• b.The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed agreement or underst anding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsid iary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to i ntroduce cartelization in the bidding process.
• c.The Bidder(s)/ Contractor(s) will not commit any offence under the relevant IPC/PC Act; further the Bidde r(s)/ Contractor(s) will not use improperly, for purposes of competition or personal gain, or pass on to othe rs, any information or document provided by the Principal as part of the business relationship, regarding pl ans, technical proposals and business details, including information contained or transmitted electronically .
• d.The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the Agents/Represen tatives in India, if any. Similarly, the Bidder(s)/Contractor(s) of Indian Nationality shall furnish the name an d address of the foreign principals, if any. Further, details as mentioned in the "Guidelines on the Indian Ag ents of Foreign Suppliers" shall be disclosed by the Bidder(s)/ Contractor(s). Further, as mentioned in the G uidelines all the payment made to the Indian agent/representative shall be in Indian Rupees only. Copy of the "Guidelines on the Indian Agents of Foreign Suppliers" is attached.
• e.The Bidder(s)/ Contractor(s) will, when presenting their bid, disclose any and all payments made, is com mitted to or intends to make to agents, brokers or any other intermediaries in connection with the award o f the contract.
• (2)The Bidder(s)/ Contractor(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences.
• (3)If the Bidder(s)/Contractor(s), before award or during execution has committed a transgression through a violation of Para-1 & 2 above, or in any other form such as to put his reliability or credibility in question, t he Principal is entitled to disqualify such Bidder(s)/Contractor(s) from the tender process or to terminate th e contract, if already signed and to take action as per the procedure of "Banning of business dealings" of t he Principal. Compliance to "Prevention of Corruption activities" provisions to be submitted as per format i n Bid Forms and Procedures. GUIDELINES FOR INDIAN AGENTS OF FOREIGN SUPPLIERS
• 1.There shall be compulsory registration of agents for all Global (Open) Tender and Limited Tender of DVC . 1.1 Registered agents will file an authenticated Photostat copy duly attested by a Notary Public / original c ertificate of the principal confirming the agency agreement and giving the status being enjoyed by the age nt and the commission / remuneration / salary/ retainer ship being paid by the principal to the agent before the placement of order by DVC. 1.2 Wherever the Indian representative have communicated on behalf of their principals and the foreign p arties have stated that they are not paying any commission to the Indian agents, and the Indian representative is working on the basis of salary or as retainer, a written declaration to this effect sh ould be submitted by the party (i.e. Principal) before finalizing the order.
• 17.REQUIRED DOCUMENTS:
• i)Manufacturer's Standard Guarantee/Warranty Certificate is to be furnished along the supply of materials. ii) 1:1 interchangeability & fitment certificate are to be furnished during supply of finished product.
• 18.DVC BANKER'S DETAILS: STATE BANK OF INDIA, Branch: MTPS, IFSC Code: SBIN0006608, MTPS, P.O.: MTPS, District: Bankura, State: West Bengal, PIN: 722183" "PUNJAB NATIONAL BANK, MTPS, IFSC Code: PUNB0149520, P.O.: MTPS, District: Bankura, State: West Ben gal, PIN: 722183"
• 19.Bidders are requested to go through the BID FORMS AND FORMAT (attached in Buyer added ATC docu ments) and submit the following documents during the submission of the Bid.
• 20.DELIVERY PERIOD: Materials are to be delivered as per mentioned delivery schedule of each item after issuance of GeM Co ntract. Consignee of the material is SE (M), Store, MTPS, DVC. The date of delivery to be reckoned as th e date of receipt of the material at site by the consignee. Material delivery schedule is 84 days. 21.PRICE REASONABILITY: As the material/service is being procured on Single Tender basis, the Vendor/Bidder must submit the follo wing documents:
• (a)Price Reasonability Certificate (PRC) stating that the prices charged are reasonable and the same as being charged to all the Govt. /semi–Govt. Organizations/ PSUs including GeM. In support of price reasonability, t he order copies of similar items received from Govt. Organizations/ PSU are required to be furnished.
• (b)For PRC (Price Reasonability Certificate), if such previous P.O. is not available with the OEM/ OES/ PAC/ SS firm, a price reasonability certificate along with undertaking that no such previous order was executed by t hem from an officer not below the rank of GM/ equivalent shall be provided. Note: Following shall be considered in case of non- availability of GM/equivalent officer.
• 1.AGM or Equivalent, Business/Sales Head of Manufacturing Unit, Zonal Busi ness/Sales Head of a region, Regional in charge of Business/Sales, in case of PSU OEM/ OES/ PAC/ SS firm.
• 2.Business/Sales Head of Manufacturing Unit, Zonal Business/Sales Head of a region, Regional in charge of Business/Sales, in case of private OEM/ OES/ PAC/ SS firm.
• 22.VENDOR BILL TRACKING (VBT) SYSTEM: The Vendor Bill Tracking system is active & available at https://application.dvc.gov.in/Vendor/ (under PR OCEREMENT tab of DVC homepage https://www.dvc.gov.in/). The Vendors on award of contract need to register themselves & submit their contract related bills online. C tractor shall have to upload digitally signed Bill/Invoice with other documents as per WO/Contract.
• 1.Shri Santosh Kumar Dass (IT Officer), mail id- santosh.dass@dvc.gov.in Mob- 7903216948
• 2.Shri Parshuram Jha (Nodal Officer), mail id- Parshuram.jha@dvc.gov.in Mob- 9798717400
• 23.PAYING AUTHORITY: The Senior Manager (Finance), MTPS, DVC. DVC GST Number: 19AABCD0541M1ZO
• 24.CORRESPONDENCE: · All correspondence regarding Technical Aspects: Shri MUDIT CHAUDHARY Senior Manager(C&I), C&I-7-8, ( Mob: +91- 8768277220), E-mail id: mudit.chaudhary@dvc.gov.in · All correspondence regarding Payment Queries: Sri. Prasadjit Garai, Sr. Manager (Fin), Accounts Dept. (M ob: +91-8583972275), E-mail Id: prasadjit.garai@dvc.gov.in · All correspondence regarding Store Aspects: Sri. Suraj Lakra, Senior Manager E), Store, (Mob: +91- 99340 91780), E-mail id: suraj.lakra@dvc.gov.in) · All correspondence regarding Commercial Aspects: Smt. Archana Lakra, Senior Manager (C&I), C&M Secti on, (Mob: +91-9432861534), E-mail Id: archana.lakra@dvc.gov.in
• 25.SETTELMENT OF DISPUTES AND ARBITRATION: It will be guided as per clause no. 33 and Clause no. 20 of Optional Terms & Conditions of Contract of D VC GCC.
• 26.TERMINATION OF CONTRACT: As per Clause No. 24 of Optional Terms & Conditions of Contract of GCC.
• 27.ACCEPTANCE: Please acknowledge receipt and convey your acceptance by returning the duplicate co py of this Purchase Order duly signed with company seal and date within 15 days to the Purchase Order Is suing Authority.
• 28.DEVIATION FROM NIT CLAUSES: Clarification/Representation, if any, in terms of deviation with rega rds to Terms and Conditions of Tender Document to be submitted prior to opening of tender. All settlement regarding deviation of terms and conditions of NIT shall be done before opening of tender. After opening of tender no such representation in terms of deviation of NIT terms will be considered.
• 29.ALL OTHER TERMS & CONDITIONS: All Tenderers would be bound by the terms and conditions as detailed in the tender specification by DVC a nd General Conditions of Contract (GCC). Bidders are requested to go through GCC (General Conditions of Contract) of DVC before submission of offers. Any Other Terms and conditions which are not specifically mentioned in the Terms and conditions of the Ge M BID/NIT & ATC (document attached) shall be guided by GeM GTC and DVC’s G.C.C as per applicability. In case of an irreconcilable conflict in the Terms & Conditions, the following shall prevail in order of preced ence:
• i.Letter of Award ii. GeM Additional Terms & Condition (ATC) iii. GeM General Terms & Condition (GTC) iv. DVC’S GCC (available in https://www.dvc.gov.in/cms-web/general_conditions_Contract)
• 30.The names and designation of officers for any enquiry of this tender are: -
• (i)Smt. Archana Lakra, Sr. Manager (C&I), C&M Dept., (Mob: +91-9432861534), E-mail Id: archana.lakra@ dvc.gov.in
• (ii)Smt.Sukanti Mahanta, Dy. Manager (M), C&M Dept., (Mob: +91-9476259681), E-mail Id: sukanti.mahan ta@dvc.g ov.in .

Buyer uploaded ATC document Click here to view the file.