C1, 1005-007961 Magazine Assy (30 RDS) 5.56 INSAS LMG

OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 50 percent of bid quantity at the time of placement of contract. The purchaser also reserves the right to increase the ordered quantity up to 50% 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.

Availability of Service Centres: Bidder/OEM must have a Functional Service Centre in the State of each Consignee's Location in case of carry-in warranty. (Not applicable in case of goods having on-site warranty). If service center is not already there at the time of bidding, successful bidder / OEM shall have to establish one within 30 days of award of contract. Payment shall be released only after submission of documentary evidence of having Functional Service Centre.

Nominated Inspection Agency: On behalf of the Buyer organization, any one of the following Inspection Agency would be conducting inspection of stores before acceptance: Pre-dispatch Inspection at Seller Premises (applicable only if pre-dispatch inspection clause has been selected in ATC): NABL Accredited Lab Test Report Post Receipt Inspection at consignee site before acceptance of stores: Board of Officers

• 4.Sample Clause After award of contract – Successful Bidder shall have to get advance sample approved from buyer before bulk manufacturing / starting bulk supplies. Successful Bidder shall submit 2 samples for Buyer's approval, within 5 days of award of contract. Buyer shall, as per contract specifications framework, either approve the advance sample or will provide complete list of modification required in the sample within 7 days of receipt of advance sample. Seller shall be required to ensure supply as per approved sample with modifications as communicated by Buyer. If there is delay from buyer side in approval of advance sample – the delivery period shall be refixed without LD for the period of delay in sample approval. In case, the sample is found to have major deviations / not conforming to the Contract specifications, the buyer at its discretion may call for fresh samples for approval before allowing bulk supplies or may terminate the contract after notifying the deviations to the seller. Unless otherwise provided in the contract, all samples required for test shall be supplied by the contractor free of cost. Where under the contract, the contractor is required to submit an advance sample, any expenses incurred by the contractor on or in connection with the production of stores in bulk, before the sample has been approved unconditionally shall be borne by the Seller and he shall not claim any compensation in the event of such sample being found unacceptable by the Buyer / Consignee.

Actual delivery (and Installation & Commissioning (if covered in scope of supply)) is to be done at following address Commandant, OD - - - - .

• 6.Turnover Bidder Turn Over Criteria: The minimum average annual financial turnover of the bidder during the last three years, ending on 31st March of the previous financial year, should be as indicated in the bid document. Documentary evidence in the form of certified Audited Balance Sheets of relevant periods or a certificate from the Chartered Accountant / Cost Accountant indicating the turnover details for the relevant period shall be uploaded with the bid. In case the date of constitution / incorporation of the bidder is less than 3 year old, the average turnover in respect of the completed financial years after the date of constitution shall be taken into account for this criteria.

Bidders can also submit the EMD with Account Payee Demand Draft in favour of Commandant, OD payable at SBI . 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.

Bidders can also submit the EMD with Fixed Deposit Receipt made out or pledged in the name of A/C Commandant, OD . The bank should certify on it that the deposit can be withdrawn only on the demand or with the sanction of the pledgee. For release of EMD, the FDR will be released in the favour of the bidder by the Buyer after making endorsement on the back of the FDR duly signed and stamped along with covering letter. Bidder has to upload scanned copy/ proof of the FDR along with bid and has to ensure delivery of hardcopy to the Buyer within 5 days of Bid End date/ Bid Opening date

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 1 years residual market life i.e. the offered product shall not be declared end-of- life by the OEM before this period.

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.

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 %.

Buyer Added text based ATC clauses

• (a)The stores for item Part No B2, 1005-007961, Magazine Assy (30 rounds) 5.56mm INSAS LMG s hall be as per specification issued by concerned CQA(T&C) or depot sample available at Bond Room this d epot.
• (b)The vendor can contact concerned CQA / auth for more relevant designs and drawings. The prospectiv e bidder should enclose Self certification with respect to Local Content used in manufacture of “To be Sup plied” item.
• (c)Bidder/Supplier/Organization/proprietor/Any of the Director (s) shall not be banned or suspended or bla ck listed by any Govt/Public Sector Undertaking/Corporate organization or convicted in any court of Law ac ross India or declared Bankrupt or insolvent. A self declaration cert must be uploaded in the GeM Portal un der bidder Official Letter Head.
• (d)Buyer/Consignee shall have the right to inspect the supplied goods themselves and/or through their ap pointed agency at consignee own cost at consignee site (s) after receipt and accept or reject on proper jus tification any consignment of goods within a period of 30 days of receipt of consignment of goods. 100% payment will be released within ten (10) days of issue of Consignee Receipt cum Acceptance Cert (CRAC) a nd on on-line submission of Bills. Pre – dispatch inspection at seller premises free/charge to be borne by t he seller: Before dispatch the goods will be inspected by buyer/consignee or their authorized representativ e or by nominated external inspection agency (Independently or jointly with buyer or consignee as decided by the buyer) at seller premises for their compliance to the contract specification. Free/charge taken by th e external inspection Agency and any external laboratories testing charges shall be borne by the seller. Fo r in house testing the seller will provide necessary facilities free of cost. Seller shall notify the buyer throug h e mail about readiness of goods for pre-dispatch inspection and buyer will notify the seller about the aut horized representative nominated external inspection agency and the date for testing. The goods would be dispatch to consignee only after clearance in pre-dispatch inspection. Consignee right of rejection as per G TC in respect of the goods finally received at his location shall in no way be limited or waived by reason of the goods having previously been inspected tested and passed by buyer/consignee or its nominated exter nal inspection agency prior to the goods shipment. While bidding, the seller should take in to account 7 da ys shall be on the part of the buyer and shall be regularised without Liquidated Damages. Inspection and e xternal laboratory testing charges shall be borne by the supplier and it shall not be reimbursed by buyer t o them at any point in time. Cost of inspection /testing shall be factored in by the supplier in the cost of th e product itself while submitted bid. Following are the tests that are required to be conducted during the pr e-dispatch inspection as peer CQA specification. Inspection Agency : The inspection agency will be conduc t the inspection and submitted the cert to the supplier as well as the buyer and consignee. The bidder will be solely responsible for pre-inspected material for Quality assurance including pre-dispatch inspection/tes ting at manufactures site by buyer/consignee himself or their authorized representative/committee. ISO 90 01: The Bidder must have ISO 9001 Certification.
• (e)Experience Cert from the concerned Govt. department of the subject matter is required along with aver age turnover of last three years by authority prescribed by GeM. Bidder producing copies of similar item S upply Orders must obtain aforesaid Execution Certificate of the order. The Bidder will upload a Bid Securit y Declaration as per the orders of GoI.
• (f)Lab Test report from NABL accredited lab is required for conforming the requirement of all the paramete rs of governing specification of subject stores.
• (g)Loading and Unloading at yard will be under the scope of the supplier.
• (h)Replacement under warranty clause shall be made by the seller free of all charges at site including frei ght insurance and other incidental charges. During the warranty period, the seller the seller shall remain re sponsible to arrange replacement in next business day (NBD) and for setting right at his own cost any equ ipment installed by him which is of defective manufacture or design or becomes unworkable due to any ca use whatsoever. The decision of the buyer’s representative in this regards to direct the contractor to atten d to any damage or defect in work shall be final and binding on the seller. The period of warranty shall be governed by the relevant paras of DPM 2009 and DGOS TI-038.
• (j)Receipt inspection at yard shall be carried out by Buyer QC team and or any external agency nominate d by buyer jointly with seller representative. All requisite documents including packing list, cert, approved drawing etc are to be submitted to buyer in advance for enabling inspection. Detailed packing list (conside red as actual supply quantity) shall clearly mention individual items in package and shall be the basis for p hysical inspection of receipt.
• (k)Commercial Experience Eligibility criteria: For experience, the order executed by the bidder, during the last three years ending on the last da y of the month immediately preceding the month in which the last dt of bid submission falls, should be con sidered as under: Three orders each executed for “similar item” where executed value is less than the amt equal to 30% of the estimated cost. OR Two orders each executed for “similar item” where executed value is less than the amt equal to 40 % of the estimated cost. OR One order each executed for “similar item” where executed value is less than the amt equal to 50 % of the estimated cost.
• (l)Supplier shall ensure that the Invoice is raised in the name of Consignee with GSTIN of Consignee only.
• (m)The bidder will provide their unique GeM Seller ID in bid documents.
• (n)Liquidated Damages: In the event of the Seller’s failure to deliver the goods by the date specified in the contract the Buyer may deduct from the Seller as liquidated damages the sum of 0.5 % of the contract price of the undelivered goods for delay of each week or part of week and the Seller shall submit the docu ments after deduction of the liquidated damages subject to a maximum of 10% of the contract price of the undelivered goods. But if the delay is on account of any cause, which the Seller promptly notifies to the Bu yer and the Buyer admits as a reasonable ground for extending the time for delivery, no liquidated damag es will be leviable during the additional time thus agreed to by the Buyer. (l) Risk & Expense clause – (aa) Should the stores or any instalment thereof not be delivered within the time or times specified in the contr act documents, or if defective delivery is made in respect of the stores or any installment thereof, the Buy er shall after granting the Seller 45 days to cure the breach, be at liberty, without prejudice to the right to recover liquidated damages as a remedy for breach of contract, to declare the contract as cancelled either wholly or to the extent of such default. (ab) Should the stores or any instalment thereof not perform in acc ordance with the specifications / parameters provided by the SELLER during the check proof tests to be do ne in the BUYER’s country, the BUYER shall be at liberty, without prejudice to any other remedies for breac h of contract, to cancel the contract wholly or to the extent of such default. (ac) In case of a material breac h that was not remedied within 45 days, the BUYER shall, having given the right of first refusal to the SELL ER be at liberty to purchase, manufacture, or procure from any other source as he thinks fit, other stores o f the same or similar description to make good:- a. Such default. b. In the event of the contract being wholl y determined the balance of the stores remaining to be delivered thereunder.”
• (o)Risk & Expense clause –
• (aa)Should the stores or any instalment thereof not be delivered within the time or times specified in the c ontract documents, or if defective delivery is made in respect of the stores or any instalment thereof, the B uyer shall after granting the Seller 45 days to cure the breach, be at liberty, without prejudice to the right to recover liquidated damages as a remedy for breach of contract, to declare the contract as cancelled eith er wholly or to the extent of such default.
• (ab)Should the stores or any instalment thereof not perform in accordance with the specifications / param eters provided by the SELLER during the check proof tests to be done in the BUYER’s country, the BUYER s hall be at liberty, without prejudice to any other remedies for breach of contract, to cancel the contract wh olly or to the extent of such default.
• (ac)In case of a material breach that was not remedied within 45 days, the BUYER shall, having given the r ight of first refusal to the SELLER be at liberty to purchase, manufacture, or procure from any other source as he thinks fit, other stores of the same or similar description to make good:- a. Such default. b. In the event of the contract being wholly determined the balance of the stores remaining to be delivered thereun der.
• (ad)Any excess of the purchase price, cost of manufacturer, or value of any stores procured from any oth er supplier as the case may be, over the contract price appropriate to such default or balance shall be rec overable from the SELLER.”
• (p)E-invoice:- As per Rule 48(5) of CGST Rules, any invoice issued by a notified person in any manner ot her than the manner specified in Rule 48(4) of CGST Rules, the same shall not be treated as invoice. The e -invoicing is mandatory for registered persons whose Aggregate Annual Turnover (based on PAN) in any fin ancial year from 2017-18 onward is more than 10 Crore from 01 October 2022 (Notification No 17/2022-Ce ntral Tax dated 01 Aug 2022). As per GST Notification No 10/2023 dated 10 May 2023, the threshold limit of e-invoicing turnover ha s been reduced to 5 Crores from 01 Aug 2023. Further, as per GST Council recommendations, Governmen t vide circular No 198/10/2023 dated 17 Jul 2023 clarified that Supplies made to Government Departments or establishment/ Government Agencies/ local authorities/ PSUs, etc under rule 48(4) of CGST Rules whose turnover exceeds the prescribed threshold limit requires to issue e-invoice. Hence, if the vendor’s annual turnover exceeds above 5 Crore (in any financial year within previous three financial years), then the vend or will provide e-invoice mandatorily.
• (q)To be eligible for award of contract, Bidder / OEM must possess following certificates / Test Reports on the date of bid opening (to be uploaded with bid) : Latest original NABL accredited lab test report (not older than one year from the bid end date) and photocopy of the certificate of the lab, ISO and certificates as per bid requirement. The 18 digit ULR number issued by cabs/laboratories should be pr ominently highlighted on the submitted test report. In case, the subject report not found alongwith the bid documents, the firm will be disqualified. .

Buyer uploaded ATC document Click here to view the file.

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.

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.

• 17.Ration Item ATCs Demurrage charges In case the rejected items are not lifted by the firm within 48 hrs, the demurrage charges at the rate of 0.5% of total contract value will be charged per day. In case the items are not lifted within a month, the same will be destroyed by the station board of officers and no claim will be admitted.Demurrage charges. In case the rejected items are not lifted by the firm within 48 hrs, the demurrage charges at the rate of 0.5% of total contract value will be charged per day. In case the items are not lifted within a month, the same will be destroyed by the station board of officers and no claim will be admitted.

Escalation Matrix For Service Support : Bidder/OEM must provide Escalation Matrix of Telephone Numbers for Service Support.

Experience Criteria: The Bidder or its OEM {themselves or through reseller(s)} should have regularly, manufactured and supplied same or similar Category Products to any Central / State Govt Organization / PSU for 3 years before the bid opening date. Copies of relevant contracts to be submitted along with bid in support of having supplied some quantity during each of the year. In case of bunch bids, the primary product having highest value should meet this criterion.

ISO 9001: The bidder or the OEM of the offered products must have ISO 9001 certification.

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

NON DISCLOSURE DECLARATION CERTIFICATE (On Bidder Letter Head) to be uploaded with bid:

• 1.I M/s. Name of Firms hereby declare that I shall not disclose the contract or any provision, specification, plan, design, pattern, sample or information thereof to any third party during and after expiry of Contract.
• 2.If defying the norms as per the Contract a legal action may be taken against me as per the existing Rules.
• 23.Turnover OEM Turn Over Criteria: The minimum average annual financial turnover of the OEM of the offered product during the last three years, ending on 31st March of the previous financial year, should be as indicated in the bid document. Documentary evidence in the form of certified Audited Balance Sheets of relevant periods or a certificate from the Chartered Accountant / Cost Accountant indicating the turnover details for the relevant period shall be uploaded with the bid. In case the date of constitution / incorporation of the OEM is less than 3 year old, the average turnover in respect of the completed financial years after the date of constitution shall be taken into account for this criteria. In case of bunch bids, the OEM of CATEGORY RELATED TO primary product having highest bid value should meet this criterion.
• 24.Past Project Experience Proof for Past Experience and Project Experience clause: For fulfilling the experience criteria any one of the following documents may be considered as valid proof for meeting the experience criteria:a. Contract copy along with Invoice(s) with self-certification by the bidder that service/supplies against the invoices have been executed.b. Execution certificate by client with contract value.c. Any other document in support of contract execution like Third Party Inspection release note, etc.Proof for Past Experience and Project Experience clause: For fulfilling the experience criteria any one of the following documents may be considered as valid proof for meeting the experience criteria:a. Contract copy along with Invoice(s) with self-certification by the bidder that service/supplies against the invoices have been executed.b. Execution certificate by client with contract value.c. Any other document in support of contract execution like Third Party Inspection release note, etc.

Scope of supply (Bid price to include all cost components) : Only supply of Goods

Successful Bidder can submit the Performance Security in the form of Account Payee Demand Draft also (besides PBG which is allowed as per GeM GTC). DD should be made in favour of Commandant, OD payable at SBI . After award of contract, Successful Bidder can upload scanned copy of the DD in place of PBG and has to ensure delivery of hard copy to the original DD to the Buyer within 15 days of award of contract.

Successful Bidder can submit the Performance Security in the form of Fixed Deposit Receipt also (besides PBG which is allowed as per GeM GTC). FDR should be made out or pledged in the name of Commandant, OD A/C (Name of the Seller). The bank should certify on it that the deposit can be withdrawn only on the demand or with the sanction of the pledgee. For release of Security Deposit, the FDR will be released in favour of bidder by the Buyer after making endorsement on the back of the FDR duly signed and stamped along with covering letter. Successful Bidder has to upload scanned copy of the FDR document in place of PBG and has to ensure delivery of hard copy of Original FDR to the Buyer within 15 days of award of contract.

Shelf Life: The Product/Spare parts to be supplied as part of the services must have minimum one year Shelf Life. On the date of supply, minimum one year usable shelf life should be available / balance.

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

Timely Servicing / rectification of defects during warranty period: After having been notified of the defects / service requirement during warranty period, Seller has to complete the required Service / Rectification within 5 days time limit. If the Seller fails to complete service / rectification with defined time limit, a penalty of 0.5% of Unit Price of the product shall be charged as penalty for each week of delay from the seller. Seller can deposit the penalty with the Buyer directly else the Buyer shall have a right to recover all such penalty amount from the Performance Security (PBG).Cumulative Penalty cannot exceed more than 10% of the total contract value after which the Buyer shall have the right to get the service / rectification done from alternate sources at the risk and cost of the Seller besides forfeiture of PBG. Seller shall be liable to re-imberse the cost of such service / rectification to the Buyer.

• 31.Past Project Experience The Bidder / OEM {themselves or through reseller(s)}, should have executed project for supply and installation / commissioning of same or similar Category Products during preceding 3 financial years (i.e. current year and three previous financial years) as on opening of bid, as per following criteria:
• (i)Single order of at least 35% of estimated bid value; or
• (ii)Two orders of at least 20% each of estimated bid value; or
• (iii)Three orders of at least 15% each of estimated bid value. Satisfactory Performance certificate issued by respective Buyer Organization for the above Orders should be uploaded with bid. In case of bunch bids, the Category related to primary product having highest bid value should meet this criterion

The bidder is required to upload, along with the bid, all relevant certificates such as BIS licence, type test certificate, approval certificates and other certificates as prescribed in the Product Specification given in the bid document.

• 1.The Seller shall not assign the Contract in whole or part without obtaining the prior written consent of buyer.
• 2.The Seller shall not sub-contract the Contract in whole or part to any entity without obtaining the prior written consent of buyer.
• 3.The Seller shall, notwithstanding the consent and assignment/sub-contract, remain jointly and severally liable and responsible to buyer together with the assignee/ sub-contractor, for and in respect of the due performance of the Contract and the Sellers obligations there under.

The seller is required to print logo as per buyer's requirement.

To be eligible for award of contract, Bidder / OEM must possess following Certificates / Test Reports on the date of bid opening (to be uploaded with bid): Latest original NABL accredited lab test report (not older than one year from the bid end date) and photoc opy of the certificate of the lab, ISO and certificates as per bid requirement. The 18 digit ULR number issue d by cabs/laboratories should be prominently highlighted on the submitted test report. In case, the subject report not found alongwith the bid documents, the firm will be disqualified. .

Without prejudice to Buyer’s right to price adjustment by way of discount or any other right or remedy available to Buyer, Buyer may terminate the Contract or any part thereof by a written notice to the Seller, if:

• i)The Seller fails to comply with any material term of the Contract. ii) The Seller informs Buyer of its inability to deliver the Material(s) or any part thereof within the stipulated Delivery Period or such inability otherwise becomes apparent. iii) The Seller fails to deliver the Material(s) or any part thereof within the stipulated Delivery Period and/or to replace/rectify any rejected or defective Material(s) promptly. iv) The Seller becomes bankrupt or goes into liquidation.
• v)The Seller makes a general assignment for the benefit of creditors. vi) A receiver is appointed for any substantial property owned by the Seller. vii) The Seller has misrepresented to Buyer, acting on which misrepresentation Buyer has placed the Purchase Order on the Seller.

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.