Cable

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.

Buyer Organization specific Integrity Pact shall have to be complied by all bidders. Bidders shall have to upload scanned copy of signed integrity pact as per Buyer organizations policy along with bid. Click here to view the file

Buyer Added text based ATC clauses ADDITIONAL TERMS & CONDITIONS OF BID

• 1.Generic: Data Sheet of the product (s) offered in the bid are to be uploade d along with the bid documents. Buyers can match and verify the data wit h the product specifications offered. In case of any unexplained mismatch of technical parameters, the bid is liable for rejection.
• 2.Generic: While generating invoice in GeM Portal the seller must upload sca nned copy of GST invoice and the screenshot of GST portal confirming pay ment of GST. Supply shall ensure that the invoice is raised in the name of consignee with GSTIN of Consignee only.
• 3.Generic: Bidders shall quote only those products in the bid which are not o bsolete in the market and has at least 5 years residual market life i.e. the offered product shall not be declared end-of life by the OEM before this pe riod. Bidders are advised to check applicable GST on their own before quot ing Buyer will not take any responsibility in this regard GST reimbursement will be as per actuals or as per applicable rates.
• 4.ISO 9001 Certificate: The bidder or the OEM of the offered products mus t have ISO 9001 certification.
• 5.Inspection: Inspection: Nominated Inspection Agency: On behalf of the Buyer organiza tion, any one of the following Inspection Agency would be conducting insp ection of stores before acceptance. Accre dated lab as per additional term s and condition clause srl No 21 and inspection charges shall be borne by t he seller. Place of Delivery- The material will initially be surveyed at FTR HQ BSF JALANDHAR Punjab. Aftr the survey , it shall be delivered to v arious HQ BN HQ BOPS under command of FTR HQ BSF Jalandhar. The exact location will be intimated by this office at the time of d elivery
• 6.Sample Clause: After award of contract- Successful Bidder shall have to get advance sampl e approved from buyer before bulk manufacturing / starting bulk supplies. Successful bidder shall submit 03 (Nos to be mentioned) samples for Buye rs approval, within 10 days of award of contract.
• 7.Buyer Added text based ATC clauses MSES/Startup or any other entity exempted for EMD, they shall submit bid securing declaration (in lieu of EMD) as per Appendix-‘A’ alongwith bid d ocuments failing which their offer shall be rejected during initial scrutiny a nd after that no representation shall be entertained after opening of the te chnical GeM bid. The re-seller/ authorized dealers /traders are not exempt ed for EMD (Bid Securing). Turn Over and Experience/past performance.
• 8.Consideration of bidder/OEM turnover criteria The Minimum average annual financial Turnover of the bidder/OEM of the offered product during the last 03 years ending on 31th March of the previ ous financial assessment year i.e.2023-24, 2024-25 & 2025-26 will only be considered in case the date of constitution/ incorporation of the OEM is Les s than 03 year after the date of constitution shall be taken into account for these criteria. If the firm don’t update the turnover details on the GeM port al duly verified from ITR from last three assessment financial years the off er shall be rejected.
• 9.Bid reserved for make in India products: Bidder to upload certificate r egarding percentage of local content and the details of location at which t he local value addition is made along with their bid as per Appendix- ‘B’.
• 10.Integrity Pact- As per bid requirement participated bidder shall have to sign the integrity pact with the procuring entity as per specified format as per Appendix-C
• 11.Undertaking certificate for Cartel formation: Participated bidder is required to submit the undertaking certificate with t he bid documents for non-submission of bid through cartel formation as pe r Appendix-‘D’.
• 12.Bidder has to submit an undertaking that their firm has never submitted a ny fake/forged/edited/misleading documents in any of the government de partment in the last 02 years, and their documents have never been found -fake/forged/edited/ misleading by any government department in the last 02 years. If the undertaking is found false/manipulative/misleading, the fir m shall be blacklisted for 02 years from BSF as per Appendix-‘E’.
• 13.Bidder has to give an undertaking on letter head that their firm has in the supply of any contract issued by any Government Department in last 02 y ears not defaulted in any consignee. If the undertaking found false/manipu lative/misleading, the firm shall be blacklisted for 02 year from BSF as per Appendix-‘F’.
• 14.Participated firms should submit a self-declaration that the bidder is not u nder watch list / banned/ suspended/ blacklisted by any Govt. Department as per Appendix-‘G’.
• 15.Bidder Financial Standing: The Bidder should not be under liquidation, court receivership or similar proceeding should not be bankrupt. Bidder to upload undertaking to this effect with bid as per Appendix-‘H’
• 16.Registered Brand :- The firm offered product on the GeM portal is requir ed to be registered brand. In this regard proof of document for registered brand is required to submit with the bid documents failing which the offer shall be rejected at initial stage.
• 17.All Participated Firms should submit complete Udhyam registration certific ate for proof industrial installation falling which their bid shall be rejected.
• 18.The firm/bidder is required to be submitted the firm PAN card, GST Registr ation Certificate and proprietor Aadhar Card with the bid documents, toget her with the income Tax return (ITR) for the Assessment years 2025- 26.
• 19.Conflict of interest:- The Firm shall submit the declaration in respect of conflict of interest as per Appendix-‘K on firm letterhead along with the b id documents.
• 20.Disclaimers and rights of procuring entity: The issue of the bid document does not imply that the procuring entity is b ound to select IDs and it reserves the right without assigning any reason t o
• (a)Reject any or all of the bids, OR
• (b)Cancel the tender process: OR
• (c)Abandon the procurement of the Goods: OR
• (d)Issue another tender for identical or Similar Goods
• (e)Reserve the right to accept or reject bids with any all deviations.
• 21.Patriciate firm should also submit corticated (aw bid docs) in their letter pa d the “Firm has accepted all terms and conditions mentioned in the instant bid”
• 22.Liquidated Damages: in case the firm does not complete the supply within the laid down agreed agreed delivery period as per contract action will be taken against the firm as per clause 9 7 9 9 7 10 & 9 7 11 of manual for procurement of goods 2022 MOF.
• 23.Risk Purchase clause: In the event of failure of supplier to deliver of disp atch of stores to provide the required service within the stipulated dates/p eriod of the supply order/AT or I the event of breach of any of the terms an d conditions of the AT. The purchaser will have the right to purchase the subject stores elsewhere at the risk and cost of defaulting supplier after gi ving a notice to defaulting supplier. The cost as per risk purchase exercise may be recovered from the bills pending with the purchaser even against any other supplies outside this contract or even from the pending bills with any other Govt Department/Ministry. In the event of contract being c ancelled for any breach committed and the purchase effecting repurchase of the subject store at the risk and cost of contractor, the purchaser is not bound to accept the tower offer of Benami of allied sister concern of the co ntractor.
• 24.Guarantee and Warranty: Timely servicing/ rectification of defects during warranty period i.e. One year (01) after having been notified of the defects/ service requirement during warranty period, Seller has to complet e the required service/ rectification within 10 days’ time limit. If the seller f ails 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 direc tly else the buyer shall have a right to recover all such penalty amount fro m the performance security (PBG). Cumulative penalty cannot exceed mor e then 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-imburse the cost of such service/ rectification to the buyer . Appendix-‘ M’.
• 25.Make in India (MII): The bidder must upload certificate from the OEM re garding the percentage of the local content and the details of location at w hich the local value in addition is made along with their bid.
• 26.Right to Rejection: Stores will be accepted after inspection and only if th ey are found upto the standard specification. The decision of the BSF shall be final as to the quantity of the stores and shall be binding upon the tend ers and in case of any of the articles supplied not being found as per losse s caused to supplies should be borne by the supplier and ensured by the s upplier that articles supplied should be best in quality and free from all de fects. The rejected stores must be removed by the tenderer from the consi gnee’s premises within 15 days from the date of intimation about rejection at the risk and cost of the tenderer. The in the charge stores concerned wil l take reasonable view of such materials but in no case shall be responsibl e for any loss short age damage that may occur to it while is in the premis es of the consignee.
• 27.Arbitration: The latest General Terms and Conditions on GeM 4.0 (Versio n 1.7) clause NO. 16.2 (Arbitration) is as under. In the event of any conflict/dispute arising out of or in connection with Contract placed through GeM, which has not been resolved in accord ance with the procedure laid down in Clause, 16.1 above, the aggrieved. P arty may invoke Arbitration by sending a written notice to the other party. The procedure from appointment of the Arbitral Tribunal shall be as follow

s.

• (i)In case where the total value of the Contract is less than INR 1,00,00,00 0/- (Indian rupees on Crore only) the same shall be referred to a sole arbitr ator mutually appointed by both the Parties.
• (ii)Where the total value ot the Contract exceeds INR 1,00,00,000/- (India n rupees on Crore only) the arbitration shall be conducted by a quorum of three arbitrators. Each party shall be entitled to appoint an arbitrator and t he two party-appointed arbitrators shall within 30(thirty) days from their n omination, appoint a third arbitrator i.e. the Presiding Arbitrator.
• (iii)In case of failure to appoint the President Arbitrator within a period of 30(thirty) days from the date of nomination of the two arbitrators by the r espective parties, the aggrieved party shall approach the High Court (under whose jurisdiction the principle place of business of the Buyer depa rtment/ organization is located) to appoint the President Arbitrator as per t he provisions of the Arbitrator and Conciliation Act-1996 (as amended up t o date).
• (iv)The arbitrator shall be conducted in the English language Arbitration p roceedings can also be conducted online, as per the discretion of the Arbit ral Tribunal.
• (v)The cost of Arbitration shall be equally borne by both the Parties.
• (vi)The award of the Arbitration shall be final and binding on the Parties to the Contract. The arbitration shall be governed by the Arbitration and Con ciliation Act-1996, as amended up to date. The seat of arbitration sh all be at the place, where the principle place of business of the Buyer depa rtment/organization located.
• (vii)The Contract shall be interpreted and governed in all respects in acco rdance with the laws of India. All disputes in connection with or arising out of the Contract, shall be subject to the exclusive jurisdiction of the Court within the local limits of whose jurisdiction principle place of business of th e buyer department/organization is located.
• 28.Force Majeure Condition: If at any time during the continuance of the C ontract, the performance in whole or in part by either party of any obligati on under this Contract shall be prevented or delayed by the reasons of any war, hostility, acts of the public enemy, epidemics, civil commotion, sabot age, fires, floods, explosion, quarantine restrictions, strikes, lockouts or ac t of God provided notice of happening of such event duly evidenced with d ocuments is given by one party to the other within 10 days from the date of occurrence thereof, neither party shall be by reasons of such event, be entitled to terminate the contract nor shall either party have any cl 7/11ai m for damages against the other in respect of such non-performance or th e delay in performance, and deliveries under the contract shall be resume d as soon as practicable after such event has come to an end or ceased to exist, and the decision of the Buyer as to whether the deliveries have been so resumed or not, shall be final and conclusive. Provided further that if th e performance in whole or part of any obligation under this contract is pre vented or delayed by reason of any such event for a period exceeding 10 days, either party may at its option terminate the contract provided also t hat the Buyer shall be at liberty to take over from the seller at a price to b e fixed by Buyer, which shall be final, all unused, undamaged and accepte d material, bought out components and Goods in course of manufacture in the possession of the Seller at the time of such termination or such portion thereof as the Buyer may deem fit excepting such materials, bought out c omponents and Goods as the Seller may with the concurrence of the Buye r elect to retain.
• 29.CVC Guidelines: The Indian agent on behalf of the Principal/OEM or Princi pal/OEM itself can bid but both cannot bid simultaneously for the same ite m/product in the same tender (CVC Circular No.03/01/12 dated 13.01.201 2 refers).
• 30.Compliance of GFR Rule 144(xi): The vender has to submit a certificat e incompliance to Rule 144(xi) of GFR as per Appendix-‘I’.
• 31.Dispute resolution between the buyer and the seller/service provi der: The clause No.16 as mentioned in General Terms & Condition on GeM 4.0 (Version1.12) dated 16th August 2023 should also invariably be added in the all the draft bid. .

Buyer uploaded ATC document Click here to view the file.