PROCUREMENT OF SPARES FOR SILO HMDC 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.

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.

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 %.

Supplier shall ensure that the Invoice is raised in the name of Consignee with GSTIN of Consignee only.

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 uploaded ATC document Click here to view the file.

Buyer Added text based ATC clauses Sl.No. ATC (PR No:100271725_550)

• 1.Eligibility criteria of Vendors for this case: -Subject Tender is floated on Limited Tender (LT) basis and Vendors eligible to participate h ave already been shortlisted and approved by NTPC. Email has been sent to the shortlisted approved vendors for participation in the subject tender on GeM Portal. Only those bidders who have received the invitation mail from C&M department: (USSC)-C&M- NTPC RAIPUR (N TPC Domain) shall be eligible to participate in this tender. -Any other offer from Bidder(s) who have not received email (NTPC domain) from C&M depa rtment:(USSC)-C&M- NTPC RAIPUR (NTPC Domain), shall NOT be considered and Bids of suc h Bidder(s) shall be summarily rejected.
• 2.The bidder shall also upload the following documents/certificates along with th e bid:
• a.Copy of PAN Card
• b.Copy of GSTIN
• c.Self-declaration from the OEM confirming that it is the manufacturer of the q uoted item(s).
• d.Udyam registration Certificate, if applicable, along with filled annexure-III (Attached as buyer uploaded ATC document).
• e.Annexure 8: Declaration regarding Local Content as per the Employer’s fo rmat (Attached as buyer uploaded ATC document). Make in India (MII): Local content' means the amount of value added in India which shall be the total value of the goods, service s or works procured (excluding net domestic indirect taxes) minus the value of imported content in the goods, services or works (including all customs duties) as a proportion of the total value, in percent. Explanatory notes for calculation of local content given above:
• i.Imported items sourced locally from resellers/distributors shall be excluded from calculation of local conte nt. ii. The license fees/royalties paid/ technical charges paid out of India shall be excluded from local content c alculation. iii. Procurement/Supply of repackaged/refurbished/rebranded imported products as understood commonly s
• 3.hall be treated as reselling of imported products and shall be excluded from calculation of local content. Th e definition of repackaged/ refurbished/ rebranded imported products is as follows: 'Refurbishing' means repair or reconditioning of an imported product does not amount to manufacture beca use no new goods come into existence. 'Repackaging' means repacking of imported goods from bulk pack to smaller packs would not ordinarily am ount to manufacture of a new item. 'Rebranding' means relabelling or renaming or change in symbol or logo/makes or corporate image of a com pany/organization/ firm for an imported product would amount to rebranding. iv. To ensure that imported items sourced locally from resellers/ distributors are excluded from calculation o f local content, bidder to furnish the cost of such locally-sourced imported items (Inclusive of taxes) along w ith break-up on license/ royalties paid/ technical expertise cost etc. sourced from outside India. For items sold by bidder as reseller, OEM certificate for country of origin to be submitted.
• v.For contracts involving supply of multiple items, weighted average of all items to be taken while calculating the local content. In such tenders, bidders should quote percentage of local content ag ainst each item of the bid. In case of item-wise tenders, where evaluation is done for each item and each item is awarded to L1 bidder for that item, the aforesaid procedure shall be followed item-wise. If negotiation happens with the L1 bidder, the margin of purchase preference (L1+20%) should be calculate d based on the original L1 price, not the lower negotiated price, and such eligible Class-I Local Suppliers sha ll be called to match the new negotiated L1 price as per procedure mentioned above. Declaration of Local Content is a self-certification which is submitted by a bidder clearly indicati ng the following details (Annexure-8): Description of Goods and Services offered. Whether meeting Class-I/Class-II/Non-Local Supplier as per tender terms and conditions. Location at which local value addition is made. In case aforesaid Certificate furnished by Contractor/Vendor is not in line with the declaration in respect of L ocal Content in their bid, same shall be treated as false declaration. In such cases, a penalty up to 10% of th e contract value may be imposed. However, contract once awarded shall not be terminated on this account. A supplier who has been debarred / banned/ suspended in GeM/ tendering portal by any other procurin g entity for violation of PPP-MII Order shall not be eligible for evaluation/ preference, as applicable for the duration of the debarment. A confirmation in this regard shall be submitted by the Bidder along with the bid. In case of debarment by NTPC, such Supplier shall not be eligible for evaluation. In case of debarment b y any other entity except NTPC, such Supplier shall not be eligible for preference. Complaints pertaining to Local content declaration/value addition, if any, may be addressed by the complain ant to the committee constituted by MoP, for independent verification of self-declarations and auditor's / acc ountant's certificates on random basis and in the case of complaints. The composition of the committee is a s specified in MoP Order ref. no. A-1/2021-FSC-Part(5) dated 16.11.2021. In case of complaint made by any bidder to the Standing Committee constituted by MoP, the tendering proc ess will continue unless there is specific instruction/communication from the Standing Committee/MoP/CEA to put the tendering process on hold. Annexure 8: Declaration regarding Local Content as per the Employer’s format, for granting of purchase preference/ acceptance as Class-I/ II Local Supplier (Attached as buyer uploaded ATC document) In case a bidder does not submit the aforesaid declaration or statement/ any declaration like ‘la ter’, ‘to be furnished later’, ‘NA’ etc. are indicated by the bidder, then the Bidder is liable not to be considered as a local supplier and may not be eligible for any purchase preference/ bid is lia ble to be considered non-responsive and may be rejected. Bidders (in case manufacturers) are required to submit any of the following documents viz. Lat est Annual Report or NSIC / SSI / BIS License/ ISO Certificate / Any Other Statutory Document as a proof of manufacturer of the offered product. In case bidder is a dealer/ trader, they are required to submit Declaration of Local Content duly signed by manufacturer along with submission of proof of manufacturing as elaborated above. For tenders having lumpsum/ package evaluation involving supply of multiple items, weighted average of all items to be taken while calculating the local content of the package.
• 4.As per MSME Notification S.O. 2119 (E) dated 26th June 2020, and subsequent amendments, Udyam registr ation shall be the ONLY valid MSME Registration Document. Except Udyam Registration Certificate no other registration documents will be considered for MSEs exemption & benefits for bids. The benefit as above to Micro and Small enterprises shall be available only for Goods/Services produced & provided by MSEs. Bidder s claiming MSE benefit need to submit Annexure-III (attached as buyer uploaded ATC document) duly signed & stamped along with Udyam certificate. As per answer to FAQ no. 18 circulated vide Office Memorandum F. No. 22(1)/2012-MA dated 24.10.2016 “P olicy is meant for procurement of goods produced and services rendered by MSEs. However, traders are exc luded from the purview of benefits and exemption of MSEs. In case of an upward change in terms of investment in plant and machinery or equipment or turnover or bot h, and consequent re-classification, an enterprise shall continue to avail of all non-tax benefits of the catego ry (micro or small or medium) it was in before the re-classification, for a period of three years from the date of such upward change.
• 5.Test Certificate: Applicable Bidder shall submit Test Certificates as per Standard TC / Inspection Report requirement (attached with technical specification) along with supply.
• 6.Warranty / Guarantee Clause: Applicable 18 months from the date of supply or 12 months from date of installation and commissioning / use whiche ver is earlier (Certificate to be provided along with supply).
• 7.Nil Deviation The sellers who participate in current Tender are deemed to have fully accepted all Terms & Conditions, Tec hnical Specifications, Data Sheets, Drawings, Quality Plans, Buyer Added Bid Specific Terms and Conditions given in Bidding Documents, read in conjunction with Amendment(s)/ Clarification(s)/ Addenda/ Errata (if an
• y)issued by the Buyer prior to opening of Techno-Commercial Bids, and the same are supposed to have be en taken into consideration while making their Techno-Commercial Bid & Price Bid. Further it is construed that no deviation has been taken by the seller in this regard. In case any documents/ details/ catalogues are found to have been submitted by the bidder along with its bid, which is in contravention to buyer’s bidding documents inter-alia including technical specification, those will not be tak en into cognizance. If any deviation is observed in the bid, bidder shall have to withdraw such deviations; fai ling which bid shall be liable for rejection. Bidder/supplier shall have no right to contest the same in case supplied material is rejected due to devi ation with respect to tender specification. 8. “Bidders are requested to refer detailed technical specification of the item (s). In case of any contradiction between short text of item(s) and complete technical specification of the item(s), only complete technical specification of that item should be considered for the submission of offer and same shall be considered fo r evaluation purpose.”
• 9.LD clause: As per GeM GTC
• 10.Post Bid Clarification: · In the event subsequent clarification(s)/query(ies) by NTPC are sought from Bidder and bidder fails to re spond or responds with incorrect / inadequate or non-compliant information, the bid shall be liable to be rejected. · During techno-commercial evaluation of offer, reply given by bidder against the queries/clarifications asked and further accepted by NTPC shall be an integral part of the GeM Contract. Contract shall be exe cuted in accordance with the same. 11. · All post award communication/ grievance will be addressed to consignee at email id: “storeincharge- vindhyachal @ntpc.co.in”. · In case of non-resolution of the issue, matter can be escalated along with previous correspondence(s) t o email id: - vendor_grievance_cpg2@ntpc.co.in. · Any communication other than post award are not to be asked through above mail IDs. NTPC will not ta ke cognizance of any such correspondence sent to above mail IDs and shall be outrightly ignored.
• 12.Conflict of Interest
• (A)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 entit y; 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 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 pr eparation 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 tende r enquiry. One manufacturer/service provider can also authorize only one agent. There can be only one bid from the following:
• 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 p olicy decisions exercisable by a person or persons acting individually or in concert, directly or indirectly , including by virtue of their shareholding or management rights or shareholders' agreements or voting agreements or in any other manner. Note: If two or more CPSEs/State PSEs participate in a tender, they will not be deemed to f all under the 'Conflict of Interest' provisions solely because they are under common contro l of Government of India/State Government.
• (B)Bidders who participate in current tender are deemed to have accepted the following Anne xure as compliance to Clause "Conflict of Interest": Annexure-1 (Compliance to "Conflict of Interest" provisions) We confirm that we have read and understood the Clause as mentioned under Buyer Added Bid Specific ATC regarding "Conflict of Interest" and our bid is in compliance to this clause. In case it is established that we have provided any false information in pursuance of the aforesaid Clau se, 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 com plied with terms of aforesaid Clause as mentioned under Buyer Added Bid Specific ATC, during executi on of contract, this would be considered as fraudulent practice as mentioned in para 5.1 (j) of Policy fo r Debarment from Business Dealings and shall be dealt accordingly. The policy document can be accessed through the following link: https://ntpctender.ntpc.co.in/Heading/Policy_for_Debarment_from_Business_Dealings.pdf
• 13.No contract shall be awarded to a bidder against whom a Debarment Order has been issued as per Employe r’s Policy for Debarment from Business Dealings. Policy details can be referred at the URL given below: · https://ntpctender.ntpc.co.in/Heading/Fraud_Prevention_Policy.pdf · https://ntpctender.ntpc.co.in/Heading/Policy_for_Debarment_from_Business_Dealings.pdf
• 14.RISK PURCHASE In the event of Suppliers failure to supply the material of acceptable quality in scheduled delivery period, NT PC reserves the right to procure the materials from any other source at the Suppliers risk and cost and the difference in cost shall be borne by the Supplier. Further, NTPC shall retain the right of forfeiture of CPG and or any other action as deemed fit.
• 15.Common IP Addresses Bidders may please note that GeM is capturing and showing the IP addresses used by the Buyer and the Bidder(s) /Seller(s). The received bids having matching/common IP address with either Bidder(s)/Seller(s) or Buyer, shall be outrightly rejected & shall not be considered for further ev aluation.
• 16.MSE preferences In case of procurement of goods / services, preferences to MSEs whose quoted prices are within L1 (non-MS Es) +15% range (subject to matching of L1 price) will be given in the following order:
• a)SC-ST Women MSEs
• b)SC-ST other than Women MSEs
• c)Women MSEs
• d)Other MSEs The MSE order quantity will be as per following:
• i.Where the requirement is Not-Splitable: 100% of contract quantity will be awarded to MSEs. ii. Where the requirement is Splitable: 25 % of contract quantity will be awarded to MSEs. In case of more t han one MSEs (for the same category) are within range of L1+15 % price, then 25% of tendered quantity will be divided equally amongst them. (Note: The SC/ST & Women category of MSEs is identified only through valid URC (Udyam Registration Certif icate).
• 17.The Bidder shall be held solely responsible for non-submission of bids on the e-tender portal du e to any reasons within the due date/ time, The Procuring Entity/NTPC shall not be held respons ible or liable in any manner for the same. Bidders shall follow the guidelines/instructions available on the e-tender portal and are advised to submit their bids well before the due date and time to avoid any inconvenience or risk of non -submission. .