Multipurpose Dry Batteries (Non-Rechargeable) (V3) ISI Marked To IS 8144

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.

Actual delivery (and Installation & Commissioning (if covered in scope of supply)) is to be done at following address WARD 87 Power plant piping unit, Bharat heavy electricals limited, NH210, Karaikudi Road Thirumayam Pudukottai (Dist), Tamilnadu. Thirumayam 622507 .

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 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.

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.

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

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): AS PER ENQUIRY Post Receipt Inspection at consignee site before acceptance of stores: AT BHEL BY BHEL

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 Buyer Added Bid Specific Additional Terms & Conditions (ATC)

• 1.Pre-Qualification Criteria: 1.1 Technical: Pre-Qualification criteria (Technical) for this enquiry is given in Annexure-B ( available along with Specification document). 1.2 Financial: NA 1.3 Integrity Pact: NA 1.4 Bidder must not be admitted under Corporate Insolvency Resolution Process or Liquida tion as on date, by NCLT or any adjudicating authority/authorities, and shall submit und ertaking (Annexure-4) to this effect. 1.5 Customer Approval: NA Explanatory Notes for the PQR:
• i.'Supplied' in PQR – 1.1 means, bidder should have delivered the Item/material. Bidde r shall submit the relevant documents against the above PQRs inclusive of Purchase order (wherein PO no., date, etc. is legible) along with proof of supply (i.e. - Completi on Certificate/ Copy of Invoices / LR Copies/ Store Receipt Vouchers/ Payment Advice etc.) in the respective attachments in their offer in support of PQR. The “Contract” ref erred in Technical PQR may be Rate Contract/ Framework Agreement/ Purchase Orde r/ Work Order. ii. Bidder to submit Audited Balance Sheet and Profit and Loss Account for the respectiv e years as indicated against Financial Turnover PQR – 1.2 above along with all annex ures. iii. In case of audited Financial Statements have not been submitted for all the three ye ars as indicated against Financial Turnover PQR above, then the applicable audited s tatements submitted by the bidders against the requisite three years, will be averag ed for three years i.e. total divided by three. iv. If Financial Statements are not required to be audited statutorily, then instead of aud ited Financial Statements, Financial Statements are required to be certified by Chartered Accountant.
• v.Credentials furnished by the bidder against "PRE-QUALIFYING CRITERIA" shall be veri fied from the issuing authority for its authenticity. In case, any credential (s) is/are fo und to be spurious, offer of the bidder is liable to be rejected. BHEL reserves the righ t to initiate any further action as per extant guidelines for Suspension of Business De alings as applicable in BHEL. vi. In case of Two packet bidding System, Price Bids of only those bidders shall be open ed who stand qualified after compliance of PQR – 1.1 to 1.5
• 2.SCOPE OF SUPPLY: Supply of Refer Specification in the Bid documents to STORES /BHEL / TRICHY on F.O.R. Des tination Basis.
• 1.Unloading of materials at Destination / Site, wherever Handling Crane require above the ma npower capacity, the Unloading shall be in BHEL’s scope. Vendor responsibilities to pack the goods accordingly to be handle by in case of Cranes require. Unloading of materials at Destination / Site, wherever Crane not required. Arrangement of manpower for unloading shall be in Vendor’s scope.
• 3.PRICE BASIS: The quote shall be on FOR- Destination basis delivery to BHEL Stores (Pls. refer consignee a ddress in GeM bidding document). GSTIN: 33AAACB4146P2ZL In the event of Tie in L1 after price bid opening, GeM starts forced RA. Even after forced RA, if sellers refused to participate in RA and a Reverse Auction Deadlock occurs, where no selle r participates in the Reverse Auction (RA), then system provides two options –either (a) run a random algorithm or to select one of them for the contract, known as the "Run L1 Selecti on” or (b) GeM instructs buyer to select the L1 for further proceedings. For option (b), the buyer may either negotiate individually with each L1 bidder to explore th e possibility of obtaining a discount—potentially leading to a revised L1—or select an L1 bid der based on factors such as Vendor Performance Rating (VPR), past performance, or GeM r ating.
• 4.TAXES & DUTIES: 4.1 The Supplier/Vendor shall pay all (save the specific exclusions as enumerated in this cl ause) taxes, fees, license, charges, deposits, duties, tools, royalty, commissions, other cha rges, etc. which may be levied on the input goods & services consumed and output goods & services delivered in course of his operations in executing the contract. In case BHEL is f orced to pay any of such taxes/duties, BHEL shall have the right to recover the same from his bills or otherwise as deemed fit along with the applicable overheads @5% and interest on the total value (i. e. amount paid by BHEL + overhead) However, provisions regarding GST on output supply (goods/service) and TDS/TCS as per In come Tax Act shall be as per following clauses. 4.2 GST (Goods and Services Tax) 4.2.1 Rate quoted in GeM portal should be on FOR destination basis inclusive of all taxes, P&F, freight etc. Reimbursement of GST is subject to compliance of following terms and c onditions. BHEL shall have the right to deny payment of GST and to recover any loss to BH EL on account of tax, interest, penalty etc. for non-compliance of any of the following condi tion. 4.2.2 The admissibility of GST, taxes and duties referred in this chapter or elsewhere in the contract shall be limited to direct transactions between BHEL & its Supplier/Vendor. BHEL s hall not consider GST on any transaction other than the direct transaction between BHEL & i ts Supplier/Vendor. 4.2.3 Supplier/Vendor shall obtain prior written consent of BHEL before billing the amount towards such taxes. Where the GST laws permit more than one option or methodology for discharging the liability of tax/levy/duty, BHEL shall have the right to adopt the appropriate one considering the amount of tax liability on BHEL/Client as well as procedural simplicity with regard to assessment of the liability. The option chosen by BHEL shall be binding on th e Contractor for discharging the obligation of BHEL in respect of the tax liability to the Sup plier/Vendor. 4.2.4 Supplier/Vendor has to submit GST registration certificate of the concerned state. Su pplier/Vendor also needs to ensure that the submitted GST registration certificate should b e in active status during the entire contract period. 4.2.5 Supplier/Vendor has to issue Invoice/Debit Note/Credit Note indicating HSN/SAC code , Description, Value, Rate, applicable tax and other particulars in compliance with the provi sions of relevant GST Act and Rules made thereunder. 4.2.6 Supplier/Vendor has to submit GST compliant invoice within the due date of invoice as per GST Law. In case of delay, BHEL reserves the right of denial of GST payment if there occurs any hardship to BHEL in claiming the input thereof. In case of goods, Supplier/Vendor has to provide scan copy of invoice & GR/LR/RR to BHEL before movement of goods starts to enable BHEL to meet its GST related compliances. Special care should be taken in case of month end transactions. 4.2.7 Supplier/Vendor has to ensure that invoice in respect of such services which have be en provided/completed on or before end of the month should not bear the date later than la st working day of the month in which services are performed. 4.2.8 Subject to other provisions of the contract, GST amount claimed in the invoice shall b e released on fulfilment of all the following conditions by the Supplier/Vendor: -
• a)Supply of goods and/or services have been received by BHEL.
• b)Original Tax Invoice has been submitted to BHEL.
• c)Supplier/Vendor has submitted all the documents required for processing of bill as p er contract/ purchase order/ work order.
• d)In cases where e-invoicing provision is applicable, Supplier/Vendor is required to su bmit invoice in compliance with e-invoicing provisions of GST Act and Rules made th ereunder.
• e)Supplier/Vendor has filed all the relevant GST return (e.g. GSTR-1, GSTR-3B, etc.) pe rtaining to the invoice submitted and submit the proof of such return along with im mediate subsequent invoice. In case of final invoice/ bill, contractor has to submit pr oof of such return within fifteen days from the due date of relevant return.
• f)Respective invoice has appeared in BHEL’s GSTR - 2A for the month corresponding t o the month of invoice and in GSTR-2B of the month in which such invoices has bee n reported by the contractor along with status of ITC availability as “YES” in GSTR-2
• B.Alternatively, BG of appropriate value may be furnished which shall be valid at le ast one month beyond the due date of confirmation of relevant payment of GST on GSTN portal or sufficient security is available to adjust the financial impact in case o f any default by the Supplier/Vendor.
• g)Supplier/Vendor has to submit an undertaking confirming the payment of all due GS T in respect of invoices pertaining to BHEL. 4.2.9 Any financial loss arises to BHEL on account of failure or delay in submission of any document as per contract/purchase order/work order at the time of submission of Tax invo ice to BHEL, shall be deducted from Supplier/Vendor’s bill or otherwise as deemed fit. 4.2.10 TDS as applicable under GST law shall be deducted from Supplier/Vendor’s bill. 4.2.11 Supplier/Vendor shall comply with the provisions of e-way bill wherever applicable. Further wherever provisions of GST Act permits, all the e-way bills, road permits etc. requir ed for transportation of goods needs to be arranged by the contractor. 4.2.12 Supplier/Vendor shall be solely responsible for discharging his GST liability accordi ng to the provisions of GST Law and BHEL will not entertain any claim of GST/interest/penalty or any other liability on account of failure of Supplier/Vendor in compl ying the provisions of GST Law or discharging the GST liability in a manner laid down there under. 4.2.13 In case declaration of any invoice is delayed by the vendor in his GST return or any invoice is subsequently amended/altered/deleted on GSTN portal which results in any adver se financial implication on BHEL, the financial impact thereof including interest/penalty shal l be recovered from the Supplier/Vendor’s due payment. 4.2.14 Any denial of input credit to BHEL or arising of any tax liability on BHEL due to non compliance of GST Law by the Supplier/Vendor in any manner, will be recovered along wit h liability on account of interest and penalty (if any) from the payments due to the Supplier /Vendor. 4.2.15 In the event of any ambiguity in GST law with respect to availability of input credit of GST charged on the invoice raised by the contractor or with respect to any other matter having impact on BHEL, BHEL’s decision shall be final and binding on the Supplier/Vendor. 4.2.16 Variation in Taxes & Duties: Any upward variation in GST shall be considered for reimbursement provided supply of goo ds and services are made within schedule date stipulated in the contract or approved exte nded schedule for the reason solely attributable to BHEL. However downward variation sha ll be subject to adjustment as per actual GST applicability. In case the Government imposes any new levy/tax on the output service/goods after price bid opening, the same shall be reimbursed by BHEL at actual. The reimbursement under thi s clause is restricted to the direct transaction between BHEL and its Supplier/Vendor only a nd within the contractual delivery period only. In case any new tax/levy/duty etc. becomes applicable after the date of Bidder’s offer but before opening of the price Bid, the Bidder/ Supplier/Vendor must convey its impact on his price duly substantiated by documentary evidence in support of the same before opening of price bid. Claim for any such impact after opening the price bid will not be considered b y BHEL for reimbursement of tax or reassessment of offer. 4.3 Income Tax: TDS/TCS as applicable under Income Tax Act, 1961 or rules made thereunder shall be ded ucted/collected from Supplier/Vendor’s bill. 4.4 Supplier HSN Code & Applicable GST % (To be filled by Supplier)_____________________
• 5.MATERIAL DISPATCH CLEARANCE CERTIFICATE (MDCC): Not applicable (Applicable f or dispatches tot BHEL Project Sites).
• 6.INSPECTION / INSPECTION & TESTING AT SUPPLIERS WORKS: Inspection and testing requirements are to be carried out as per the specification standard and BHEL Technical specifications in the enquiry. BHEL reserves the right to inspect the material during manufacturing and also to get teste d the material under dispatch from third party. The test results of third party test shall be fi nal and binding on the Supplier/Vendor. BHEL will reserve the right to inspect/test the material during/after manufacturing at suppli ers’ works, and/or at BHEL Site. In case of rejection at any stage, Supplier/Vendor shall be li able to replace the materials at his own cost.
• 7.DELIVERY: Materials are to be supplied within the delivery period indicated in GeM bidding document. NOTE: a). If the delivery of supply as detailed above gets delayed beyond the delivery period, the Supplier/Vendor shall request for a delivery extension and BHEL at its discretion may exten d the Contract. However, if any ‘Delivery extension’ is granted to the Supplier/Vendor for c ompletion of supply, due to backlog attributable to the Supplier/Vendor, then it shall be wit hout prejudice to the rights of BHEL to impose LD for the delays attributable to the Supplier /Vendor b). In case BHEL increase the quantity during currency of the contract in line with quantit y variation clause (Option clause in GeM bidding document), delivery extension shall be g iven for supply of these additional quantity.
• 8.TRANSIT INSURANCE: Transit Insurance of material is in Supplier/Vendor’s scope. Supplier/Vendor shall insure the material at their cost for transportation.

9.

• a)PAYMENT TERMS:
• 1.FOR NON MSME Bidders: 100% payment in 90 days from the date of Material ac ceptance (against submission of GST Invoices & GeM invoice).
• 2.FOR MSE Bidders: 100% payment in 45 days from the date of Vehicle/Gate entry date at BHEL Stores (Against submission of GST invoices, GeM invoice and subjected to Material acceptance by BHEL). Note: In case of objection/requirements raised by BHEL due to Non availability/Discr epancy in invoice/Dispatch documents, Rejection of material etc., 45 days due date shall be calculated from the date of closure of objection/requirements by the supplie

r.

• 3.FOR MEDIUM ENTERPRISES Bidders: 100% payment in 60 days from the date o f Material acceptance (against submission of GST Invoices & GeM invoice). However, GST amount shall be reimbursed in line with compliance to Cl. No. 4 (Taxes & Dut ies) above.
• b)NO INTEREST PAYABLE TO CONTRACTOR No interest shall be payable on the security deposit or any other money due to the contract or
• 10.DOCUMENTS REQUIRED FOR BILL PROCESSING: • Original Tax Invoices (As per Cl. No. 4 above). 2 invoices are required either i n Original hard copies or Digitally Signed Soft copies • GeM invoice • Lorry Receipt Copy/Courier Docket/Speed post docket as applicable • E-way bill Part A • E-way bill Part B • Bank Guarantee (if applicable) • Warrantee certificate (if applicable) • Credit note for the rejected/shortage material (if applicable). Original hard co py or Digitally Signed Soft copy is required. Original invoice number to be indicated in the credit note as reference invoice number. Note: Suppliers are required to upload their invoice and other relevant documents to the BHEL Tri chy Material Management System. To do so, they must visit this web page https://trichy.bh el.com/mm/index.jsp and log in using their vendor code (provided by BHEL Trichy) as their username. If a supplier does not have the necessary login credentials, they should contact BHEL Purch ase for assistance. A step-by-step guide for uploading invoices is available on the portal for reference. BHEL internal SAP purchase order (PO) number, required for document uploadin g, will be shared with the successful supplier upon the placement of the GeM contract.
• 11.Key Points for Supply / Works / Service Invoices in SUVI DHA
• 1.As per THE GAZZETTE OF INDIA notification REGD. No. D. L.-33004/99 dated 02.07.2026, the followi ng points are mandated: In respect of procurement of goods or services from Micro, Small and Medium enterpr ises (MSMEs), the settlement of invoice shall be only through any of the TReDS platfor m ( (i.e RXIL, Ml xchange, lnvoicemart, KReDX, C2FO), authorised by the Reserve Ban k of India. Such MSME suppliers to select their preferred TReDS platform before awar d of contract so that the data is captured in the Order /Contract database of the Unit. They also will have the option to change the TReDS platform from the drop down men u on Suvidha portal of BHEL, at the time of invoice submission. Wherever the Trade Receivable is accepted by BHEL, the same shall be validated by t he Unit on the respective TReDS platform selected by the supplier. The routing of invoices through the TReDS platform shall not be construed as mandati ng discounting of such invoices and the MSMEs supplier shall have the option to avail or not avail financing or discounting of its receivables on the TReDS platform. In case discounting is not availed by the supplier on TReDS, the trade receivables will be paid through TReDS as per the payment timelines indicated in the contract."Regist ration of all supply / works / service invoices, irrespective of the invoice amount, is ma ndatory in SUVIDHA.
• 1.For net invoice amount exceeding ₹5 lakhs (including taxes): Upload of Class 3 Digitally Signed Tax Invoice is mandator
• y.All other documents as per the PO checklist must also be uplo aded. However, if any other digitally signed document is specified i n the PO checklist, then Class 3 Digitally Signed document i s mandatory for uploading
• 2.For net invoice amount up to ₹5 lakhs (including taxes): Upload of all documents as per the PO checklist is mandatory . All Documents can be uploaded without a digital signature . However, if a digitally signed document is specified in the PO checklist but a non-digitally signed version is uploaded, the h ard copy must be submitted. Grievance Redressal Mechanism To promote transparency and ensure fair treatment of all bidders, a structured Grievance R edressal Mechanism is in place to address any concerns or issues arising during the tenderi ng process or in subsequent business dealings with the company. Suppliers/Contractors are requested to follow the below escalation process for grievance re solution: First Level: Any grievance should initially be addressed to the designated Dealing Officer, whose contact details are provided in the Notice Inviting Tender (NIT)/Contract. Second Level: If the issue remains unresolved, it may be escalated by lodging a formal gri evance through the SUVIDHA Portal: https://suvidha.bhel.in/suvidha/. Responses will be pro vided in accordance with the defined escalation matrix.
• 12.BANK DETAILS FOR EMD & PERFORMANCE SECURITY SUBMISSION: EMD & PERFORMANCE SECURITY are not applicable to this tender
• 13.EMD: Applicable / Not Applicable.
• 14.PERFORMANCE SECURITY: Applicable / Not Applicable.
• 15.BREACH OF CONTRACT, REMEDIES AND TERMINATION: 14.1 The following shall amount to breach of contract:
• I.Non-supply of material/ non-completion of work by the Supplier/Vendor within sch eduled delivery/ completion period as per contract or as extended from time to ti me. II. The Supplier/Vendor fails to perform as per the activity schedule and there are suff icient reasons even before expiry of the delivery/ completion period to justify that supplies shall be inordinately delayed beyond contractual delivery/ completion peri od. III. The Supplier/Vendor delivers equipment/ material not of the contracted quality. IV. T h e Supplier/Vendor fails to replace the defective equipment/ material/ component as per guarantee clause.
• V.Withdrawal from or abandonment of the work by the Supplier/Vendor before comp letion as per contract. VI. Assignment, transfer, subletting of Contract by the Supplier/Vendor without BHEL’ s written permission resulting in termination of Contract or part thereof by BHEL. VII. Non-compliance to any contractual condition or any other default attributable to S upplier / Vendor. VIII. Any other reason(s) attributable to Vendor towards failure of performance of contr act. In case of breach of contract, BHEL shall have the right to terminate the Purchase Order/ Contract either in whole or in part thereof without any compensation to the Supplier/Vendor. IX. Any of the declarations furnished by the contractor at the time of bidding and/ or e ntering into the contract for supply are found untruthful and such declarations wer e of a nature that could have resulted in non-award of contract to the contractor or could expose BHEL and/ or Owner to adverse consequences, financial or otherwis

e.

• X.Supplier/Vendor is convicted of any offence involving corrupt business practices, a ntinational activities or any such offence that compromises the business ethics of BHEL, in violation of the Integrity Pact entered into with BHEL has the potential to harm the overall business of BHEL/ Owner. Note-Once BHEL considers that a breach of contract has occurred on the part of Supplier/Vendor, BHEL shall notify the Supplier/Vendor by way of notice in this re gard. Contractor shall be given an opportunity to rectify the reasons causing the breach of contract within a period of 14 days. In case the contractor fails to remedy the breach, as mentioned in the notice, to t he satisfaction of BHEL, BHEL shall have the right to take recourse to any of the remedial actions available to it under the relevant provisions of contract. 14.2 Remedies in case of Breach of Contract. i Wherein the period as stipulated in the notice issued under clause 14.1 has expired and Supplier/Vendor has failed to remedy the breach, BHEL will have the right to ter minate the contract on the ground of "Breach of Contract" without any further notic e to contractor. ii Upon termination of contract, BHEL shall be entitled to recover an amount equivale nt to 10% of the Contract Value for the damages on account of breach of contract c ommitted by the Supplier/Vendor. This amount shall be recovered by way of encashi ng the security instruments like performance bank guarantee etc available with BHE L against the said contract. In case the value of the security instruments available is less than 10% of the contract value, the balance amount shall be recovered from ot her financial remedies (i.e. available bills of the Supplier/Vendor, retention amount, from the money due to the Supplier/Vendor etc. with BHEL) or the other legal remed ies shall be pursued. iii wherever the value of security instruments like performance bank guarantee availabl e with BHEL against the said contract is 10% of the contract value or more, such sec urity instruments to the extent of 10% contract value will be encashed. In case no se curity instruments are available or the value of the security instruments available is l ess than 10% of the contract value, the 10% of the contract value or the balance am ount, as the case may be, will be recovered in all or any of the following manners: iv In case the amount recovered as above is not sufficient to fulfil the amount recovera ble then; a demand notice to deposit the balance amount within 30 days shall be issu ed to Supplier/Vendor. v If Supplier/Vendor fails to deposit the balance amount within the period as prescribed in demand notice, following action shall be taken for recovery of the balance amount:
• a)from dues available in the form of Bills payable to defaulted Supplier/Vendor ag ainst the same contract.
• b)If it is not possible to recover the dues available from the same contract or dues are insufficient to meet the recoverable amount, balance amount shall be recove red from any money(s) payable to Supplier/Vendor under any contract with othe r Units of BHEL including recovery from security deposits or any other deposit av ailable in the form of security instruments of any kind against Security deposit or EMD. vi In-case recoveries are not possible with any of the above available options, Legal acti on shall be initiated for recovery against defaulted supplier/Vendor. vii It is an agreed term of contract that this amount shall be a genuine pre-estimate of damages that BHEL would incur in completion of balance contractual obligation of th e contract through any other agency and BHEL will not be required to furnish any oth er evidence to the Supplier/Vendor for the purpose of estimation of damages. viii In addition to the above, imposition of liquidated damages, debarment, termination, de-scoping, short-closure, etc., shall be applied as per provisions of the contract. Note: 1) The defaulting Supplier/Vendor shall not be eligible for participation in any of the future enquiries floated by BHEL to complete the balance work. The defaulting contractor shall m ean and include:
• a)In case defaulted Supplier/Vendor is the Sole Proprietorship Firm, any Sole Proprietorship Fir m owned by same Sole Proprietor.
• b)In case defaulted Supplier/Vendor is The Partnership Firm, any firm comprising of same part ners/ some of the same partners ; or sole proprietorship firm owned by any partner(s) as a s ole proprietor. LD against delay in executed supply in case of Termination of Contract: LD against delay in executed supply shall be calculated in line with LD clause no. 18 below, for the delay attributable to Supplier/Vendor. For limiting the maximum value of LD, contrac t value shall be taken as Executed Value of supply till termination of contract. Method for calculation of “LD against delay in executed supply in case of termination of con tract” is given below. i Let the time period from scheduled date of start of supply till termination of contract excludi ng the period of Hold (if any) not attributable to contractor = T1 ii Let the value of executed supply till the time of termination of contract= X iii Let the Total Executable Value of supply for which inputs/fronts were made available to Sup plier/Vendor and were planned for execution till termination of contract = Y iv Delay in executed supply attributable to Supplier/Vendor i.e. T2=[1-(X/Y)] x T1 v L D shall be calculated in line with LD clause (clause 18) of the Contract for the delay attributable to Supplier/Vendor taking “X” as Contract Value and “T2” as period of delay att ributable to Supplier/Vendor.
• 16.BILL TO/ SHIP TO ADDRESS: Ship to Address: The Manager Stores, WARD 87 Power plant piping unit, Bharat heav y electricals limited, NH210, Karaikudi Road Thirumayam Pudukottai (Dist),Tamil nadu. Thirumayam 622507 Bill to Address: The Manager / Purchase / WC, 4TH Floor, 24 Building, Bharat Heave Electricals Limited, High pressure Boiler Plant, Thiruverumbur, Tiruchirappalli, Tamilnadu-620014
• 17.GUARANTEE/WARRANTY: Guarantee period for the enquired items shall be as indicated in the Technical Specifications. If not indicated in the technical specifications, then GeM st andard Guarantee/Warranty period as indicated in the GeM General terms and conditions shall be applicable.
• 18.MICRO AND SMALL ENTERPRISES (MSE): Any Bidder falling under MSE category shall furnish the following details & submit Udyam certificate in support of the same along with their techno-commercial offer. Type under MSE Udyam Registration No. SC/ST owne d Women owned Others (excluding SC / ST & Women Owne
• d)Micro Small Note: If the bidder does not furnish the above, offer shall be processed construing that th e bidder is not falling under MSE category.
• a)MSE suppliers can avail the intended benefits in respect of the procurements related t o the Goods and Services only (Definition of Goods and Services as enumerated by Govt. of India vide Office Memorandum F. No. 21(8)/2011-MA dtd. 09/11/2016 office of AS & D C, MSME) only if they submit along with the offer, copy of Udyam Registration Certific ate with QR code. Date to be reckoned for determining the deemed validity will be the la st date of Technical Bid submission. Non-submission of supporting document in GeM port al will lead to consideration of their bids at par with other bidders. No benefits shall be ap plicable for this enquiry if the above required documents are not uploaded at the time of bid submission. Documents submitted by the bidder shall be verified by BHEL for renderi ng the applicable benefits.
• 19.LIQUIDATED DAMAGE: If the Seller/Service Provider fails to deliver any or all of the Goods/Services within the origi nal/re-fixed delivery period(s) specified in the contract, the Buyer will be entitled to deduct/ recover the Liquidated Damages for the delay, unless covered under Force Majeure conditi ons aforesaid, @ 0.5% of the contract value of delayed quantity per week or part of the we ek of delayed period, until actual delivery or performance, as pre-estimated damages not e xceeding 10% of the total contract value without any controversy/dispute of any sort what soever. This shall be treated as LD Mode PV 0.5% of Undelivered value subject to a maximum of 1 0% of total contract value. Note: Vehicle/Gate entry date at consignee location will be considered for LD calculation (I.
• e.LD will be calculated for the Period from Contract delivery due date to date of Vehicle/Gat e entry date at BHEL Stores).
• 20.INTEGRITY PACT (IP): Applicable / Not Applicable
• 21.PREFERENCE TO MAKE IN INDIA: For this procurement, the local content to categorize a Supplier/Vendor as a Class I local su pplier/ Class II local Supplier/Non-Local Supplier and purchase preferences to Class I local s upplier, is as defined in Public Procurement (Preference to Make in India), Order 2017 date d 04.06.2020 issued by DPIIT. In case of subsequent orders issued by the nodal ministry, c hanging the definition of local content for the items of the GeM Bid, the same shall be appli cable even if issued after issue of this GeM Bid, but before opening of Part-II bids against t his GeM Bid. 20.1 Compliance to Restrictions under Rule 144 (xi) of GFR 2017:
• I.Any bidder from a country which shares a land border with India will be eligible to bi d in this tender only if the bidder is registered with the Competent Authority. The C ompetent Authority for the purpose of this Clause shall be the Registration Committ ee constituted by the Department for Promotion of Industry and Internal Trade (DPI IT). II. “Bidder” (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain c ontexts) means any person or firm or company, including any member of a consorti um or joint venture (that is an association of several persons, or firms or companie s), every artificial juridical person not falling in any of the descriptions of bidders st ated hereinbefore, including any agency branch or office controlled by such person, participating in a procurement process. III. “Bidder from a country which shares a land border with India” for the purpose of thi s Clause means:-
• a.An entity incorporated established or registered in such a country; or
• b.A subsidiary of an entity incorporated established or registered in such a country; or
• c.An entity substantially controlled through entities incorporated, established o r registered in such a country; or
• d.An entity whose beneficial owner is situated in such a country; or
• e.An Indian (or other) agent of such an entity; or
• f.A natural person who is a citizen of such a country; or
• g.A consortium or joint venture where any member of the consortium or joint v enture falls under any of the above. IV. The beneficial owner for the purpose of (III) above will be as under:
• 1.In case of a company or Limited Liability Partnership, the beneficial owner is the natural person(s), who, whether acting alone or together or through one or more juridical person, has a controlling ownership interest or who exercise s control through other means. Explanation
• a.“Controlling ownership interest” means ownership of or entitlement to more than twenty-five per cent of shares or capital or profits of the com pany.
• b.“Control” shall include the right to appoint majority of the directors or t o control the management or policy decisions including by virtue of thei r shareholding or management rights or shareholders agreements or vo ting agreements.
• 2.In case of a partnership firm, the beneficial owner is the natural person(s) wh o, whether acting alone or together, or through one or more juridical person, has ownership of entitlement to more than fifteen percent of capital or profit s of the partnership.
• 3.In case of an unincorporated association or body of individuals, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person has ownership of or entitlement to more than fifteen percent of the property or capital or profits of the such associatio n or body of individuals.
• 4.Where no natural person is identified under (1) or (2) or (3) above, the benefi cial owner is the relevant natural person who holds the position of senior ma naging official;
• 5.In case of a trust, the identification of beneficial owner(s) shall include identif ication of the author of the trust, the trustee, the beneficiaries with fifteen pe rcent or more interest in the trust and any other natural person exercising ul timate effective control over the trust through a chain of control or ownership .
• V.An Agent is a person employed to do any act for another, or to represent another in dealings with third person. Note:
• i.The bidder shall provide undertaking for their compliance to this Clause, in th e format provided in Annexure-13. ii. Registration of the bidder with Competent Authority should be valid at the tim e of submission of bids and at the time of acceptance of the bids.
• 22.Settlement of Dispute If any dispute or difference of any kind whatsoever shall arise between BHEL and the Supplier/Vendor, arising out of the contract for the performance of the work whether durin g the progress of contract termination, abandonment or breach of the contract, it shall in t he first place referred to Designated Engineer for amicable resolution by the parties. Desig nated Engineer (to be nominated by BHEL for settlement of disputes arising out of the contract) who within 60 days after being requested shall give written notice of his decision to the contractor. Save as hereinafter provided, such decision in respect of every matter s o referred shall forthwith be given effect to by the Supplier/Vendor who shall proceed with the work with all due diligence, whether he or BHEL desires to resolve the dispute as herei nafter provided or not. If after the Designated Engineer has given written notice of this decision to the party and n o intention to pursue the dispute has been communicated to him by the affected party wit hin 30 days from the receipt of such notice, the said decision shall become final and bindin g on the parties. In the event the Supplier/Vendor being dissatisfied with any such decision or if amicable settlement cannot be reached then all such disputed issues shall be resolve d through conciliation in terms of the BHEL Conciliation Scheme 2018 as per Clause 21.1 21.1 Conciliation: Any dispute, difference or controversy of whatever nature howsoever arising under or out of or in relation to this Agreement (including its interpretation) between the Parties, and so notified in writing by either Party to the other Party (the “Dispute”) shall, in the first instan ce, be attempted to be resolved amicably in accordance with the conciliation procedure as per BHEL Conciliation Scheme 2018. The proceedings of Conciliation shall broadly be gover ned by Part-III of the Arbitration and Conciliation Act 1996 or any statutory modification th ereof and as provided in - “Procedure for conduct of conciliation proceedings” (as availabl e in www.bhel.com)). Note: Ministry of Finance has issued OM reference No. 1/2/24 dated 03.06.2024 regarding “Guidelines for Arbitration and Mediation in Contracts of Domestic Public Procurement. In t he said OM it has been recommended that Government departments/ Entities/agencies are to encourage mediation under the Mediation Act. 2023. The said Act has not yet been notified by the Government. Therefore, the clause “Settlement of Dispute s” shall be modified accordingly as and when the Mediation Act 2023 gets notified. 21.2 ARBITRATION: 21.2.1 Except as provided elsewhere in this Contract, in case Parties are unable to reach amicable settlement (whether by Conciliation to be conducted as provided in Claus e 14.1 herein above or otherwise) in respect of any dispute or difference; arising o ut of the formation, breach, termination, validity or execution of the Contract; or, t he respective rights and liabilities of the Parties; or, in relation to interpretation of any provision of the Contract; or. in any manner touching upon the Contract (herei nafter referred to as the ‘Dispute’), then, either Party may, refer the disputes to M adras High Court, Arbitration Centre (MHCAC) and such dispute to be adjudic ated by Sole Arbitrator appointed in accordance with the Rules of said Arbitral Insti tution. 21.2.2 A party willing to commence arbitration proceeding shall invoke Arbitration Claus e by giving notice to the other party in terms of section 21 of the Arbitration & Con ciliation Act, 1996 (hereinafter referred to as the ‘Notice’) before referring the matt er to arbitral institution. The Notice shall be addressed to the Head of the Unit, BHE L, executing the Contract and shall contain the particulars of all claims to be referred to arbitration with sufficient detail and shall also indicate the monetary a mount of such claim including interest, if any. 21.2.3 After expiry of 30 days from the date of receipt of aforesaid notice, the party invoki ng the Arbitration shall submit that dispute to the Arbitral Institution- Madras Hig h Court, Arbitration Centre (MHCAC)- and that dispute shall be adjudicated in accordance with their respective Arbitration Rules. The matter shall be adjudicated by a Sole Arbitrator who shall necessarily be a Retd Judge having considerable exp erience in commercial matters to be appointed/nominated by the respective institu tion. The cost/expenses pertaining to the said Arbitration shall also be governed in accordance with the Rules of the respective Arbitral Institution. The decision of the party invoking the Arbitration for reference of dispute to Madras High Court, Arb itration Centre (MHCAC)- for adjudication of that dispute shall be final and bindi ng on both the parties and shall not be subject to any change thereafter. The instit ution once selected at the time of invocation of dispute shall remain unchanged. 21.2.4 The fee and expenses shall be borne by the parties as per the Arbitral Institutional rules. 21.2.5 The Arbitration proceedings shall be in English language and the seat of Arbitratio n shall be Trichy. 21.2.6 Subject to the above, the provisions of Arbitration & Conciliation Act 1996 and any amendment thereof shall be applicable. All matters relating to this Contract and ari sing out of invocation of Arbitration clause are subject to the exclusive jurisdiction of the Court(s) situated at Trichy. 21.2.7 Notwithstanding any reference to the Designated Engineer or Conciliation or Arbitra tion herein, a. the parties shall continue to perform their respective obligations und er the Contract unless they otherwise agree. Settlement of Dispute clause cannot b e invoked by the Contractor, if the Contract has been mutually closed or ‘No Dema nd Certificate’ has been furnished by the Contractor or any Settlement Agreement has been signed between the Employer and the Contractor. 21.2.8 It is agreed that Mechanism of resolution of disputes through arbitration shall be a vailable only in the cases where the value of the dispute is less than Rs. 10 Crores. 21.2.9 In case the disputed amount Claim, Counter claim including interest is Rs. 10 crores and above, the parties shall be within their rights to take recourse to remedies othe r than Arbitration, as may be available to them under the applicable laws after prio r intimation to the other party. Subject to the aforesaid conditions, provisions of th e Arbitration and Conciliation Act, 1996 and any statutory modifications or re-enact ment thereof as amended from time to time, shall apply to the arbitration proceedi ngs under this clause. 21.2.10 In case, multiple arbitrations are invoked (whether sub-judice or arbitral award pas sed) by any party to under this contract, then the cumulative value of claims (inclu ding interest claimed or awarded) in all such arbitrations shall be taken in account while arriving at the total claim in dispute for the subject contract for the purpose o f clause 21.2.9. Disputes having cumulative value of less than 10 crores shall be re solved through arbitration and any additional dispute shall be adjudicated by the c ourt of competent jurisdiction. 21.3 In case of Contract with Public Sector Enterprise (PSE) or a Government D epartment, the following shall be applicable: In the event of any dispute or difference relating to the interpretation and applicat ion of the provisions of commercial contract(s) between Central Public Sector Enter prises (CPSEs)/ Port Trusts inter se and also between CPSEs and Government Depa rtments/Organizations (excluding disputes concerning Railways, Income Tax, Custo ms & Excise Departments), such dispute or difference shall be taken up by either p arty for resolution through AMRCD (Administrative Mechanism for Resolution.
• 23.JURISDICTION Subject to clause 21 of this contract, the Civil Court having original Civil Jurisdiction at Tiru chirappalli, Tamilnadu shall alone have exclusive jurisdiction in regard to all matters in res pect of the Contract. GOVERNING LAWS The contract shall be governed by the Law for the time being in force in the Republic of Indi

a.

• 24.Force Majeure 23.1 "Force Majeure" shall mean circumstance which is:
• a)beyond control of either of the parties to contract,
• b)either of the parties could not reasonably have provided against the event befo re entering into the contract,
• c)having arisen, either of the parties could not reasonably have avoided or overc ome, and
• d)is not substantially attributable to either of the parties And Prevents the perfor mance of the contract, Such circumstances include but shall not be limited to: i War, hostilities, invasion, act of foreign enemies. ii Rebellion, terrorism, revolution, insurrection, military or usurped power , or civil war. iii Riot, commotion or disorder by persons other than the contractor’s per sonnel and other employees of the contractor and sub-contractors. iv Strike or lockout not solely involving the contractor’s personnel and ot her employees of the contractor and sub-contractors. v Encountering munitions of war, explosive materials, ionizing radiation or contamination by radio-activity, except as may be attributable to th e contractor’s use of such munitions, explosives, radiation or radio- act ivity. vi Natural catastrophes such as earthquake, tsunami, volcanic activity, h urricane or typhoon, flood, fire, cyclones etc. vii Epidemic, pandemic etc. 23.2 The following events are explicitly excluded from Force Majeure and are solely the r esponsibilities of the non-performing party: a) any strike, work-to-rule action, go-slo w or similar labour difficulty (b) late delivery of equipment or material (unless cause d by Force Majeure event) and (c) economic hardship. 23.3 If either party is prevented, hindered or delayed from or in performing any of its obl igations under the Contract by an event of Force Majeure, then it shall notify the o ther in writing of the occurrence of such event and the circumstances thereof wit hin 15 (fifteen) days after the occurrence of such event. 23.4 The party who has given such notice shall be excused from the performance or p unctual performance of its obligations under the Contract for so long as the relev ant event of Force Majeure continues and to the extent that such party's perform ance is prevented, hindered or delayed. The Time for Completion shall be extend ed by a period of time equal to period of delay caused due to such Force Majeure event. 23.5 Delay or non-performance by either party hereto caused by the occurrence of any e vent of Force Majeure shall not
• i.Constitute a default or breach of the Contract. ii. Give rise to any claim for damages or additional cost expense occasioned th ereby, if and to the extent that such delay or non-performance is caused by the occurrence of an event of Force Majeure. 23.6 BHEL at its discretion may consider short closure of contract after 1 year of impo sition of Force Majeure in line with extant guidelines. In any case, Supplier/Vendor cannot consider deemed short-closure after 1 year of imposition of Force Majeure.
• 25.Non-Disclosure Agreement: The bidders shall enter into the Non-disclosure agreement separately. (Annexure 7 attach ed).
• 26.Cartel Formation The Bidder declares that they will not enter into any illegal or undisclosed agreement or u nderstanding, whether formal or informal with other Bidder(s). This applies in particular t o prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelization in the bidding process. In case, the Bidder is found having indulged in above activities, suitable action shall be taken by BHEL as per extant policies/ guidelines.
• 27.Fraud Prevention Policy Bidder along with its associate /collaborators /sub-contractors /sub-vendors / consultants / service providers shall strictly adhere to BHEL Fraud Prevention Policy displayed o n BHEL website http://www.bhel.com and shall immediately bring to the notice of BHEL Management about any fraud or suspected fraud as soon as it comes to their notice.
• 28.Suspension of Business Dealings with Suppliers / Contractors: The offers of the bidders who are under suspension as also the offers of the bidders, who e ngage the services of the banned firms / principal / agents, shall be rejected. The list of ba nned firms is available on BHEL web site www.bhel.com. If any bidder / supplier / contractor during pre-tendering / tendering / post tendering / awa rd / execution / post-execution stage indulges in any act, including but not limited to, malp ractices, cheating, bribery, fraud or and other misconduct or formation of cartel so as to inf luence the bidding process or influence the price or tampers the tendering process or acts or omits in any manner which tantamount to an offence punishable under any provision of the Indian Penal Code, 1860( Bhartiya Nyaya Samhita 2023) or any other law in force in Ind ia, or does anything which is actionable under the Guidelines for Suspension of Business de alings, action may be taken against such bidder / supplier / contractor as per extant guideli nes of the company available on www.bhel.com and / or under applicable legal provisions. Guidelines for suspension of business dealings is available in the webpage: http://www.bh el.com/vender_registration/vender.php.
• 29.Bid should be free from correction, overwriting, using corrective fluid, etc. Any interlineatio n, cutting, erasure or overwriting shall be valid only if they are attested under full signatur e(s) of person(s) signing the bid else bid shall be liable for rejection. In the event of any Te chnical or Commercial queries, the same may please be addressed to the following BHEL c oncerned before Part I opening- Official 1: E M Mahesh Official 2: I Jemimah Contact Details: emmahesh@bhel.in Contact Details: mmwc@bhel.in
• 30.Order of Precedence: In the event of any ambiguity or conflict between the Tender Documents, the order of prec edence shall be in the order below:
• a.Amendments/Clarifications/Corrigenda/Errata etc. issued in respect of the tender do cuments by BHEL.
• b.Buyer Added Bid Specific ATC
• c.GeM Bid Technical Conditions of Contract (TCC)
• d.GeM GTC
• 31.NOTE:
• 1.In the event of our customer order covering this tender being cancelled /placed on hol d /otherwise modified, BHEL would be constrained to accordingly cancel / hold / modif y the tender at any stage of execution.
• 2.BHEL may negotiate the L1 rate, if not meeting our budget / estimated cost. BHEL ma y re-float the tender opened, if L1 price is not acceptable to BHEL even after negotiati on. Any deviation from the conditions specified in Buyer Added Bid Specific Additional Terms & Conditions (ATC), will lead to rejection of offer.
• 3.Any change in applicable rates of Tax or any other statutory levies (Direct / Indirect) or any new introduction of any levy by means of statute and its corresponding liabilit y for the deliveries beyond the agreed delivery date for reasons not attributable to B HEL will be to vendors account. BHEL will not reimburse the same and any subseque nt claim in this respect will be summarily rejected.
• 4.BHEL reserves its right to reject an offer due to unsatisfactory past performance by t he respective Vendor in the execution of any contract to any BHEL project / Unit.
• 5.The offers of the bidders who are under suspension and also the offers of the bidders , who engage the services of the banned firms /principal/agents, shall be rejected. Th e list of banned firms is available on BHEL web site www.bhel.com.
• 6.Recovery / deduction as applicable as per Direct and Indirect taxes as notified by Go vt. Of India from time to time will be made and information/certificate for such deduction/recoveries shall be provided by BHEL to the vendor.
• 32.Enclosure: (Refer Annexure-1 for applicable Annexures for this tender) Annexure-1: Check List. Annexure-3: No Deviation Certificate Annexure-4: Declaration regarding Insolvency/ Liquidation/ Bankruptcy Proceedings Annexure-6: Declaration by Authorized Signatory regarding Authenticity of submitted Docu ments Annexure-7: Non-Disclosure Certificate Annexure-10: Declaration reg. Related Firms & their areas of Activities Annexure-11: Declaration for relation in BHEL Annexure- 12: Declaration reg. minimum local content in line with revised public procurem ent Annexure- 13: Declaration regarding compliance to Restrictions under Rule 144 (xi) of GFR 2017 Annexure- 20: Treatment of cases regarding conflict of interest .