KA BAND RF COMPONENTS AND CABLES

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.

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.

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.

• 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.

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 NOTE : It is mandatory to mention the HSN code and the applicable GST percentage in technic al Bid. >>The firm should provide the proof of linking of Aadhaar with PAN (if PAN is in individual's n ame), and also the proof of PAN number being operative. Additional Terms & Conditions Note: The Successful Bidder shall submit Bank Guarantee/FDR for 5 % of Order value towards PSB/PWB wit hin 30 days from the date of Supply Order. The Bank Guarantee/FDR shall be valid up delivery period + w arranty period + 2 Months beyond all Contractual Obligations and to be in favour of The President of India through The Director, Advanced Systems Laboratory, Kanchanbagh, Hyderabad – 500 058. The Hard Copy / Original Bank Guarantee/FDR to be submitted immediately to this office after uploading the same in GeM Portal. If PSB/ PWB is not received within 30 days, appropriate action will be taken against the supplier (including cancellation of supply order, if deemed fit). Wherever Delivery Date extension is requested, firm has to ens ure validity of the PSB/ PWB till revised DP + 60 days. Extension cannot be granted without extending the validity of PSB/ PWB as stated.

• 1.Bid Security Declaration (To be submitted separately on Bidder's Letter Head with the following text). W e M/s. _________________________ do hereby accept that if we withdraw or modify Bids during the Period of v alidity, or if we are awarded the contract and fail to accept the Contract, or fail to submit a Performance Se curity Bond (PSB) before the deadline defined in this Bid Document, we will be suspended for the Period of Two (02) years from being eligible to submit Bids for Contracts with any procuring entity of DRDO. 2.Please submit your Compliance to ATC (Additional Terms & Conditions) separately on your Letterhead wi th Ink Signature and Company seal.
• 3.The Delivery of Stores shall be accepted during office hours only (Monday to Friday: 0900 hrs to 1600 hr
• s)excluding Public Holidays. Hence, please plan your delivery of stores accordingly.
• 4.The Delivery of stores shall be made 15 days before the delivery due date, so that acceptance and ledg er action can be completed by the delivery due date. 5.No extension of delivery period will be granted. However, if extension is required under any avoid able ci rcumstances, your request for extension of delivery period (D.P) shall be sent to the buyer’s Mail ID along with reasons/justification, at least 15 days before delivery period. Under such circumstances, Delivery Peri od extension may be issued with L.D Charges. Liquidated Damage (LD): The Buyer reserves the right to impose LD in case of delay in supply attributable to the Seller at the rate of 0.5% per week or part thereof, of the basic cost (excluding taxes & duties on final product), of the delayed stores which the Seller has failed to deliver within the period agreed for delivery in the contract subject to maximum of 10% of the total order/contract value. In certain categories of procurement, LD can also be levied on the Seller on the basic cost of the stores supplied partially within the scope of the order/ contract that could not be put to use due to late delivery of the remaining stores. However, for development contra cts the rate of imposition of LD would be @ 0.25% per week or part thereof, of the basic cost (excluding ta xes & duties on final product), of the delayed stores which the Seller has failed to deliver within the period agreed for delivery in the contract subject to maximum of 10% of the total order/contract value
• 6.Delivery Status shall be updated only with the document/Delivery Challan duly attested by our officer al ong with their Seal and our Security-in Stamp. This is mandatory.
• 7.Arbitration: separate sheet attached with approval. Arbitration text as follows: All disputes or differences arising out of or in connection with the Contract shall be settled by bilateral discussions. Any di spute, disagreement or question arising out of or relating to the Contract or relating to product or performa nce, which cannot be settled amicably, shall be resolved by arbitration in accordance with the following ap plicable provision: For Central and State PSEs: In the event of any dispute or difference relating to the interpretation and appli cation of the provisions of commercial contract(s), such disputes or difference shall be taken up by either party for resolution through Administrative Mechanism for Resolution of CPSEs Disputes (AMRC) as per pro visions of Department of Public Enterprises OM No. 4(1)/2013-DPE(GM)/FTS-1835 dated 22-05-2018 as am ended .For Defence PSUs: The case of arbitration shall be referred to the Secretary Defence (R&D) for the appointment of arbitrator(s) and proceedings. For other Firms: Any dispute, disagreement or question arising out of or relating to the Contract or relating to product or performance, which cannot be settled amicably, shall be resolved by arbitration in accordan ce with either of the following provisions: “The case of arbitration may be referred to arbitrator / arbitrators appointed as section 11 of Indian arbitra tion and Conciliation Act, 1996 as amended and the proceedings shall be conducted in accordance with pr ocedure of Indian Arbitration and Conciliation Act, 1996 as amended.” Or “The case of arbitration may be referred to International Centre for Alternative Dispute Resolution (ICADR) for the appointment of arbitrator and proceedings shall be conducted in accordance with procedure of Indi an Arbitration and Conciliation Act, 1996 as amended.” Or “The case of arbitration may be conducted in accordance with the rules of Arbitration of the International C hamber of Commerce by one or more arbitrators appointed in accordance with the said rules in India. How ever, the arbitration proceedings shall be conducted in India under Indian Arbitration and Conciliation Act, 1996 as amended.” All the above proceedings of arbitration cases shall be restricted / confined to the jurisdiction of the Buyer/Procuring Entity i.e., Hyderabad only.
• 7.Risk and Expense Purchase: In case Seller fails to honour the contractual obligations within the stipulated delivery period and as amend ed, Buyer may procure the said contracted goods/services through a fresh supply order/contract and the d efaulting Seller has to bear the excess cost incurred, if any. Risk and expense purchase is exercised by the Buyer in the event of the Seller failing to honour the contractual obligations within the stipulated DP and w here extension of DP is not approved. Whenever risk purchase is resorted to, the Seller is liable to pay the additional amount spent by the Buyer, if any, in procuring the said contracted goods/ services through a fr esh supply order/ contract, i.e. the defaulting Seller has to bear the excess cost incurred as compared with the amount contracted with him. It may be noted that procurement under Risk & Expense Clause must be completed within one year from the date of serving notice to the defaulting Seller. In case, the seller fails to bear the excess cost incurred by the buyer, the following are the other remedies available to the Buyer:
• (i)Deduct the quantitative cost of discrepancy from any of the outstanding payments of the Seller.
• (ii)Avoid issue of further RFP‟s to the firm till resolution of the discrepancy.
• (iii)Bring up the issue of discrepancy in all meetings with the representative of Seller.
• (iv)Provision for adequate BG to cover such risks.
• 8.Quality Requirements for AS-91000-D: The following quality requirements meant for AS-9100-D needs t o complied by firm in addition the specific quality requirements mentioned in the technical specification an d relevant quality assurance documents which are part of the RFP.
• a)Materials/Services/Processes will be subjected to receipt inspection and payment will be released based on inspection results.
• b)Firm shall ensure product/service/process delivery as per Specifications and Delivery Schedule.
• c)Technical information as required is attached in the form of drawings, specifications, process document, QAP, design and development requirements, etc.
• d)In case of providing services/processes, Firm shall ensure necessary competence of personnel.
• e)In case of any technical information requirement, firm may please contact ASL Purchase Department.
• f)Firm shall provide the right of access to ASL, its customer, and regulatory authorities to the applicable ar eas of facilities and to applicable documented information, at any level of the supply chain.
• g)Firm implement quality management system as per ASL requirements.
• h)Firm shall use customer-designated or approved external providers, including process sources ( e.g., sp ecial processes).
• i)Firm shall notify ASL on non-confirming processes, products, or services and obtain approval for their dis position.
• j)Firm shall test specimens for design approval, inspection/ verification, investigation, or auditing (as appli cable).
• k)Retain documented information, including retention periods and disposition requirements
• i)ASL shall exercise controls on design and development as per its or its customer’s requirements. ii) Firm shall notify ASL on changes to processes, products, or services, including changes of their external providers or location of manufacture, and obtain organization’s approval. Iii) Firm shall flow down its external provider’s applicable requirements including customer requirements. iv) Firm shall ensure that persons are aware of their contribution to product or service conformity, their co ntribution to product safety and the importance of ethical behaviour.
• l)Firm ensure prevention of counterfeit parts/product. Firm and it’s sub-tier suppliers, shall ensure that onl y non-counterfeit parts and products are delivered to ASL.
• m)Further to prevent inadvertent use of counterfeit parts, Firms shall only procure directly form OEM, Orig inal Component Manufacture (OCM), or through OEM/OCM authorized distribution chain unless approved in writing by ASL.
• n)Firm must obtain written approval to use Non-Franchised Distributors/Brokers and must present comple te and compelling support of all actions to ensure parts procured are legitimate, authentic, non-counterfeit parts.
• o)In case of detection of counterfeit parts / products upon inspection, same will not be returned to Firms t hey are and will be handled as per the policies of ASL.
• 9.ASL shall carry out firm performance rating based on parameters like, Product Conformity, Delivery Sch edule and absence of counterfeit parts. The result will be communicated to Firm for improvement.
• 10.All the firms must successfully demonstrate the performance of any of the RF amplifier components list ed in LOD's of this tender within 2 weeks of bid opening date upon request to TCEC committee
• 11.The bidders should submit OEM authorization certificate
• 12.The bidders has to provide test reports for each component.
• 13.All the other terms and conditions as per scope of work .