Buyer Added text based ATC clauses [1] Bidders to provide the enclosed duly filled, Signed & sealed copy of PQR form, Checklist form along wit h all supporting documents with offer. Offer of vendors, who fulfil the PQR requirement will only be consid ered for further evaluation. [2] In case of material not offered for inspection during TPIA visit or material rejected during the TPIA inspe ction, payment to TPIA shall be made from the supplier's bill. [3] EARLY DELIVERY IS ACCEPTABLE. MATERIAL TO BE SUPPLIED AS PER DRAWING AND SPECIFICATION & I N SUITABLY PACKED CONDITION IN WOODEN BOX TO AVOID ANY DAMAGE DURING TRANSIT & STORAGE I N BHEL BHOPAL. FOR BID ITEM-01: ALL LOOSE ITEMS LIKE CONNECTORS, INSPECTION GLASS, NUTS & BOL TS, I -BOLT SHALL BE PUT IN SAME BOX WITH THE BEARING. OIL RING SHALL BE SUPPLIED IN ASSEMBLED CONDITION WITH THE BEARINGS. IDENTIFICATION MARK ON PACKING BOX ON FRONT SIDE & ALSO ON BE ARING I.E. ITEM NAME, PO NO & DRG NO., SUPPLIER IDENTIFICATION, ETC. FOR BID ITEM-02 TO ITEM-04: I DENTIFICATION MARK I.E, PO NO, DRG NO, SUPPLIER IDENTIFICATION ON PACKING BOX ON FRONT SIDE & ALSO ON BEARING BUSH.) [4] SPLITTING WILL BE DONE BETWEEN 02 SUPPLIERS AS PER RATIO AS MENTIONED IN THIS GEM BID FOR BID ITEM-02 TO ITEM-04 ONLY, IF OTHER SUPPLIER ACCEPTS L1 PRICE. PRICE MATCH REQUEST SHALL BE GENERATED THROUGH GEM PORTAL TO MATCH L1 PRICE. IF NO ONE BIDDER ACCEPT PRICE MATCH, THEN TOTAL ORDER QUANTITY WILL BE GIVEN TO L1 BIDDER. [5] Offers of vendors who or whose OEM is on our MISCC / Unit / Corporate / Customer level hold or banned / debarred, will not be considered for further evaluation. [6] Please provide duly filled "Local Content Format & Conflict of Interest among bidders / agents format" with sign & seal on your letter head. [7] Payment Terms shall be:- 100% payment in 90 days of receipt (45 days for Micro & Small Manufacturer supplier and 60 days for Medium Manufacturer supplier as registered in UDYAM certificate as per relevant MSME act in force) and subject to acceptance of material and relevant documents at BHEL. (Latest printed UDYAM certificate required). [8] Bidders has to quote price inclusive of GST. [9] As Cess is not applicable to this item, hence it is mandatory to quote Cess rate @ Zero %. [10] Recovery / deductions of amount from supplier:-
- (a)Any amount on account of recovery from consignor / supplier under any condition shall be liable to be adjusted against any amount payable to the consignor/supplier against bills.
- (b)For any deficiency in supplies where deduction is involved, an amount as decided by BHEL, shall be de ducted from supplier’s bills. ( c ) If it is not possible to recover the dues available from the same contract or dues are insufficient to me et the recoverable amount, balance amount shall be recovered from any money(s) payable to Supplier/Ve ndor under any contract with other Units of BHEL including recovery from security deposits or any other de posit available in the form of security instruments of any kind against Security deposit or EMD. [11] Treatment of cases regarding conflict of interest:- The bidder notes that a conflict of interest would said to have occurred in the tender process and executio n of the resultant contract, in case of any of the following situations:
- (a)If its personnel have a close personal, financial, or business relationship with any personnel of BHEL wh o are directly or indirectly related to the procurement or execution process of the contract, which can affec t the decision of BHEL directly or indirectly.
- (b)The bidder (or his allied firm) provided services for the need assessment/ procurement planning of the Tender process in which it is participating. ( c ) Procurement of goods directly from the manufacturers/ suppliers shall be preferred. However, if the O EM/ Principal insists on engaging the services of an agent, such agent shall not be allowed to represent mo re than one manufacturer/ supplier in the same tender. Moreover, either the agent could bid on behalf of th e manufacturer/ supplier or the manufacturer/ supplier could bid directly but not both. In case bids are rec eived from both the manufacturer/ supplier and the agent, bid received from the agent shall be ignored. H owever, this shall not debar more than one Authorized distributor (with/ or without the OEM). from quoting equipment manufactured by an Original Equipment Manufacturer (OEM) in procurements under a Propriet ary Article Certificate.
- (d)A bidder participates in more than one bid in this tender process. Participation in any capacity by a Bid der (including the participation of a Bidder as a partner/ JV member or sub-contractor in another bid or vice versa) in more than one bid shall result in the disqualification of all bids in which he is a party. However, th is does not limit the participation of an entity as a sub-contractor in more than one bid if he is not bidding i ndependently in his own name or as a member of a JV. The Bidder shall declare that they have read and understood the above aspects, and the bidder confirms t hat such conflict of interest does not exist and undertakes that they will not enter into any illegal or undisc losed agreement or understanding, whether formal or informal with other Bidder(s), in this regard. This ap plies in particular to prices, specifications, certifications, subsidiary contracts, submission or non- submission of bids or any other actions to restrict competitiveness or to introduce cartelization in the biddi ng process. In case, the Bidder is found having indulged in above activities, the same will be considered as a violation of the tender conditions, and suitable action shall be taken by BHEL as per extant policies/ guid elines. [12] Breach of contract, Remedies and Termination:- The following shall amount to breach of contract:
- I.Non-supply of material/ non-completion of work by the Supplier/Vendor within scheduled delivery/ compl etion period as per contract or as extended from time to time. II. The Supplier/Vendor fails to perform as per the activity schedule and there are sufficient reasons even b efore expiry of the delivery/ completion period to justify that supplies shall be inordinately delayed beyond contractual delivery/ completion period. III. The Supplier/Vendor delivers equipment/ material not of the contracted quality. IV. The Supplier/Vendor fails to replace the defective equipment/ material/ component as per guarantee cl ause. V. Withdrawal from or abandonment of the work by the Supplier/Vendor before completion as per co ntract. VI. Assignment, transfer, subletting of Contract by the Supplier/Vendor without BHEL’s written permission r esulting in termination of Contract or part thereof by BHEL. VII. Non-compliance to any contractual condition or any other default attributable to Supplier/Vendor. VIII. Any other reason(s) attributable to Vendor towards failure of performance of contract. 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 entering into the cont ract for supply are found untruthful and such declarations were 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, financi al or otherwise.
- X.Supplier/Vendor is convicted of any offence involving corrupt business practices, antinational activities o r 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 sha ll notify the Supplier/Vendor by way of notice in this regard. Contractor shall be given an opportunity to re ctify 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 the satisfaction of BHEL, B HEL shall have the right to take recourse to any of the remedial actions available to it under the relevant p rovisions of contract. 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 terminate the contract on the ground of "Brea ch of Contract" without any further notice to contractor. ii) Upon termination of contract, BHEL shall be entitled to recover an amount equivalent to 10% of the Cont ract Value for the damages on account of breach of contract committed by the Supplier/Vendor. This amou nt shall be recovered by way of encashing the security instruments like performance bank guarantee etc a vailable with BHEL 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 other financial remedies (i.e. available bills of the Supplier/Vendor, retention amount, from the money due to the Supplier/Vendor etc. wi th BHEL) or the other legal remedies shall be pursued. iii) wherever the value of security instruments like performance bank guarantee available with BHEL again st the said contract is 10% of the contract value or more, such security instruments to the extent of 10% c ontract value will be encashed. In case no security instruments are available or the value of the security instruments available is less than 10% of the contract value, the 10% of the contract value or the balance amount, as the case may be, will b e recovered in all or any of the following manners: iv) In case the amount recovered under sub clause (a) above is not sufficient to fulfil the amount recoverab le then; a demand notice to deposit the balance amount within 30 days shall be issued 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 against 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 recovered from any money(s) payable to Supplier/Vend or under any contract with other Units of BHEL including recovery from security deposits or any other depo sit available in the form of security instruments of any kind against Security deposit or EMD.
- c.In-case recoveries are not possible with any of the above available options, Legal action shall be initiate d 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 BHE L would incur in completion of balance contractual obligation of the contract through any other agency and BHEL will not be required to furnish any other evidence to the Supplier/Vendor for the purpose of estimatio n 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 floate d by BHEL to complete the balance work. The defaulting contractor shall mean and include:
- (a)In case defaulted Supplier/Vendor is the Sole Proprietorship Firm, any Sole Proprietorship Firm owned b y same Sole Proprietor.
- (b)In case defaulted Supplier/Vendor is The Partnership Firm, any firm comprising of same partners/ some of the same partners; or sole proprietorship firm owned by any partner(s) as a sole proprietor. [13] "In respect of procurement of goods or services from Micro, Small and Medium enterprises (MSMEs), t he settlement of invoice shall be only through any of the TReDS platform ( (i.e RXIL, Ml xchange, lnvoicema rt, KReDX, C2FO), authorised by the Reserve Bank of India. Such MSME suppliers to select their preferred T ReDS platform before award 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 menu on Suvidha p ortal of BHEL, at the time of invoice submission. Wherever the Trade Receivable is accepted by BHEL, the same shall be validated by the Unit on the respe ctive TReDS platform selected by the supplier. The routing of invoices through the TReDS platform shall not be construed as mandating discounting of su ch 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 TRe DS as per the payment timelines indicated in the contract." .
