Supply And Installation Of Wall Pannel

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.

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 %.

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.

Malicious Code Certificate: The seller should upload following certificate in the bid:-

• (a)This is to certify that the Hardware and the Software being offered, as part of the contract, does not contain Embedded Malicious code that would activate procedures to :-
• (i)Inhibit the desires and designed function of the equipment.
• (ii)Cause physical damage to the user or equipment during the exploitation.
• (iii)Tap information resident or transient in the equipment/network.
• (b)The firm will be considered to be in breach of the procurement contract, in case physical damage, loss of information or infringements related to copyright and Intellectual Property Right (IPRs) are caused due to activation of any such malicious code in embedded software.

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.

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.

Scope of supply (Bid price to include all cost components) : Supply Installation Testing and Commissioning of Goods

• 9.Rate Contract Materials shall be guaranteed for 12 months from the date of commissioning or 18 months from the date of supply whichever is earlier.

Buyer Added text based ATC clauses TERMS & CONDITIONS

• 1.Warranty clause: Requiring the supplier to, without charge, rep air or rec tify defective goods or to replace such goods with similar goods free from defect. Any goods repaired or replaced by the supplier shall be delivered at the buyer’s premises without costs to the buyer. From Date of comme ncement of warranty period.
• 2.Inspection Clause: Bidders are to be provide the material before particip ating the bid for Inspection at buyer site. Bidders to be uploaded the Und ertaking certificate the same for Qualification.
• 3.Risk and Expense Clause: The supplier fails to deliver, the buyer can proc ure the item from another source. Any extra cost incurred may be recove red from the defaulting supplier (clause applied as per DPM-2025). Should the stores or any instalment thereof not be delivered within the ti me or times specified in the Contract documents, or if defective delivery is ma de in respect of the stores or any instalment thereof, the Buyer shall, after gra nting the Seller 45 days to cure the breach, be at liberty, without prejudice to t he right to recover Liquidated Damages (LD) as a remedy for breach of Contra ct, to declare the Contract as terminated, either wholly or to the extent of such default. (b) Should the stores or any instalment thereof not perform in accorda nce with the specifications/ parameters provided by the Seller during the chec k-proof tests to be done in the Buyer’s country, the Buyer shall be at liberty, wi thout prejudice to any other remedies for breach of Contract, to terminate the Contract wholly or to the extent of such default. (c) In case of a material breac h that was not remedied within 45 days, the Buyer shall, having given the right of first refusal to the Seller, be at liberty to purchase, manufacture, or procure from any other source as he thinks fit, other stores of the same or similar desc ription to make good: (i) (ii) Such default. In the event of the Contract being ter minated, either wholly or to the extent of such default, the balance of the store s remaining to be delivered thereunder. (d) Any excess of the purchase price, cost of manufacturer, or value of any stores procured from any other supplier, as the case may be, over the Contract price appropriate to such default or bala nce, shall be recoverable from the Seller. Such recoveries shall not exceed ...... .......% of the value of the Contract. (e) The manner and method of such procur ement from other source shall be at the discretion of the Buyer, and it shall no t be necessary for the Buyer to notify the Seller of such procurement.
• 4.Non-Disclosure Agreement (NDA) Clause: Except with the written consent of the Buyer/ Seller, either party shall not disclose the contract or any provision, specification, plan, design, pattern, sam ple or information thereof to any third party, unless required by either Govern ment of the parties or by the Seller’s suppliers solely for the purpose of perfor ming the obligations under the contract. Any disclosure to any person permitte d under the above clause shall be made in confidence, and shall extend only s o far as may be necessary for the purposes of the contract. (clause applied as per DPM-2025).
• 5.A Force Majeure (FM) clause: means extraordinary events or circumstance beyond human control such as an event described as an act of God (like a natural calamity) or events such as a war, strike, riots, crimes (but not including negligenc e or wrong-doing, predictable/seasonal rain and any other events specifically exclu ded in the clause). An FM clause in the contract frees both parties from contractual liability or obligation when prevented by such events from fulfilling their obligation s under the contract. An FM clause does not excuse a party’s nonperformance enti rely, but only suspends it for the duration of the FM. 5.1 As per this clause, neither party shall bear responsibility for the co mplete or partial non-performance of any of its obligations (except for failure to pay an y sum which has become due on account of receipt of goods under the provisio ns of the contract), if the non-performance results from such Force Majeure circumstances. 5.2 Intimation regarding Force Majeure. The party for which it becomes i mpossible to meet obligations under this contract due to Force Majeure conditi ons, is to notify, in written form the other party regarding the beginning and ce ssation of the above circumstances immediately, but in any case, not later tha n 14 days from the moment of their beginning. 5.3 Certification of Force Majeure. Certificate of a Chamber of Commerce ( Commerce and Industry) or other competent authority or organisation of the re spective country shall be sufficient proof of commencement and cessation of t he above circumstances. 5.4 Extension of Time. In such circumstances, the time stipulated for the pe rformance of an obligation under the contract is extended correspondingly for the period/ time duration of the circumstances and their consequences. 5.4 Right to Terminate Contract. If the impossibility of complete or partial performance of an obligation lasts for more than 90 days, either party to the c ontract reserves the right to terminate the contract totally or partially upon giv ing prior written notice of 30 days to the other party of the intention to termina te the contract without any liability, other than reimbursement on the terms pr ovided in the agreement/ contract for the goods received.
• 6.Fall Clause: The price charged for stores supplied under the contract by the Se ller shall in no event exceed the lowest prices at which the Seller sells the stores or offers to sell stores of identical description, under the same terms and conditions, to any entity/ agency including the Purchaser during the period or until the perfor mance of all Supply Orders placed during the currency of the contract is complete
• d.If at any time, during the said period, the Seller reduces the sale price, sells or of fers to sell such stores to any entity/ agency at a price lower than the price charge able under the contract, he shall forthwith notify such reduction or sale or offer of sale to the purchaser/ contracting authority and the price payable under the contr act for the stores shall stand correspondingly reduced. (Clause applied As per DPM -2025). Fall Clause. The following Fall clause will form part of the Contrac t placed on s uccessful Bidder: (a) The price charged for the stores supplied under the Contract by the Seller shall in no event exceed the lowest prices at which the Seller sells the stores or offers to sell stores of identical description to any persons/ organisation, i ncluding the Purchaser or any Department of the Central Government or any Depa rtment of a State Government or any statutory Undertaking of the Central or State Government, as the case may be, during the period till performance of all obligatio ns including warranty under the Contract/all Supply Orders placed during the curre ncy of the Rate Contract (as applicable), is completed. If at any time, during the sa id period, the Seller reduces the sale price, sells or offers to sell such stores to any person/ organisation, including the Buyer or any Department of the Central Govern ment or any Department of a State Government or any statutory Undertaking of th e Central or State Government, as the case may be, at a price lower than the price chargeable under the Contract, the Seller shall (109) DPM - 2025 (Vol. II) Appendic es and Forms forthwith notify such reduction or sale or offer of sale to the Procurin g Entity and the price payable under the Contract for the stores, shall stand corres pondingly reduced. The above stipulation will, however, not apply to: (i) Exports/ D eemed Exports by the Seller. (ii) Sale of goods such as drugs, which have expiry d ates. (c) The Seller shall furnish the following certificate to the Paying Authority, al ong with each bill for payment for supplies made against the Contract/ Rate Contra ct: “We certify that there has been no reduction in sale price of the stores of descri ption identical to the stores supplied to the Government under the Contract herein and such stores have not been offered/ sold by me/ us to any person/ organisation , including the Purchaser or any Department of the Central Government or any De partment of a State Government or any Statutory Undertaking of the Central or St ate Government, as the case may be, up to the date of bill/ the date of completion of supplies against the Contract/ all supply orders placed during the currency of th e Rate Contract (as applicable), at a price lower than the price charged to the Gov ernment under the Contract, except for quantity of stores categories under sub-cla uses (i) and (ii) of sub-para (b) above, details of which are given below 7 Liquidated Damages (LD) Clause: As a general rule, if the vendor/ contractor fails to supply the stores/ goods/ any in stalment thereof or fails to perform services, conduct trials, installation of equipm ent, training and MET as per schedule specified in a contract, the CFA, without prej udice to the rights of the purchaser to any other remedy for breach of contract, m ay recover from the contractor, a sum equivalent to 0.5% of the price {total cost (i ncluding elements of GST, freight/ transportation and other variations like PVC/ERV etc.) of stores/incidental Works/Services, which the contractor has failed t o deliver within the period agreed for delivery in the contract, for each week or par t thereof. The total damages shall not exceed 5% of the Price {total cost (includin g elements of GST, freight/transportation and other variations like PVC/ERV etc.) o f stores/incidental Works/Services. Any extension given by the buyer for delay attri butable to buyer or on account of Force Majeure Clause is to be factored in deliver y period. (Clause applied As per DPM-2025). SER Circumstances Quantum of LD 7.1 Delay in supplies where the seller was re sponsible for the entire delay. Full LD, subject to it not e xceeding 5% (10% in cas e of inordinate delay) of t he Price/ Total cost of the goods/ incidental works/ s ervices supplied with del ay {total cost (including elements of GST, freight/t ransportation and other v ariations like PVC/ERV etc .)}. 7.2 Delay in supplies where the seller was re sponsible only for a part of the delay, an d the remaining part was either due to ci rcumstances beyond seller’s control or a ttributable to the buyer. Full LD for the period for which the Seller was resp onsible for the delay, subj ect to it not exceeding 5 %(10%, in case of inordin ate delay) of the value of the goods/ services suppli ed with delay {total cost (including elements of GS T, freight/transportation a nd other variations like P VC/ERV etc.)}. LD may be waived for the remaining period. 7.3 Delay in supplies where the entire delay was due to circumstances beyond the co ntrol of the seller or on account of the bu yer. LD may be waived in full f or the entire period.
• 8.Payment Process 8.1 Paying Authority is JCDA(Kochi), Ernakulam, Kerala and, which is respons ible for making payment, all bills from suppliers/vendors for payment are to be routed through the Procurement Entity. (No advance payment to be made by B uyer) 8.2 e-Payments- It shall be mandatory for the suppliers / vendors to indicate their bank account numbers and other relevant e-payment details to enable pa yments through Electronic Clearing Services (ECS)/ National Electronic Funds T ransfer (NEFT)/ Real-Time Gross Settlement (RTGS) mechanism, instead of thro ugh cheques. A copy of the model mandate form, prescribed by Reserve Bank of India (RBI), is to be submitted by suppliers/ vendors for receiving payments through ECS. The details given in the mandate form shall also be incorporated in the supply order/ contract. A copy of the ECS mandate form to be submitted by the suppliers/ vendors (who are customers to the bank) is placed at DPMF 1
• 7.For ease of tracking e-payments by the Seller, the paying authority shall inti mate the transaction and invoice details to the Seller, through suitable electro nic media, upon release of e-payment against the Seller’s invoice. 8.3 Documents to be submitted for Claiming Payment. The documents t o be submitted for audit and payments depend upon the nature of procuremen t and the terms and conditions of a particular supply order/ contract:- (a) Docu ments to be submitted to the Audit Authority along with Advance Copy of the S upply Order/ Contract. The budget allotment letter(s) conveying allocation of f unds under the code heads of expenditure concerned, are required to be sent as and when the allocations are made or made available digitally through IT ba sed systems developed by MoD. In addition, the documents listed below are to be submitted in advance to the audit authority. In case documents listed below are not sent in advance to the audit authority, they may be called for by such a uthority at the time of payment of bills/ post audit, where applicable: - 8.3.1 Ink-signed/ digitally signed copy of the Supply Order/ Contract Agr eement/ Accepted Tender (AT) Note. 8.3.2 An ink-signed/ digitally signed copy of sanction of the CFA indicati ng UO Number and date of IFA’s concurrence, where applicable. 8.3.3 PAC certificate/ OEM’s Certificate/ any other certificate that may b e peculiar to the procurement. (158) CHAPTER 6 DPM – 2025 if applicable. 8.3.4 Specimen signatures of sanctioning and countersigning authorities (i n case of ink-signed documents). 8.3.5 GST Identification Number (GSTIN)/ Permanent Account Number (PA
• N)of the supplier/ vendor. 8.3.6 A copy of the techno-commercial evaluation and rejection details, if any, in case of two bid system 8.3.7 An ink-signed copy of the Contingent Bill/ Seller’s Bill. An ink-signed copy of the Commercial Invoice. (iii) A copy of the Supply Order with UO Nu mber and date of IFA’s concurrence, where required under delegation of fi nancial powers. (iv) CRVs in duplicate. (v) Inspection note. (vi) Relevant do cuments/ proof of payment in support of the claim for statutory and other l evies, such as, Customs duty clearance certificate, proof of payment for EP F/ ESIC contribution with nominal roll of beneficiaries, etc., as applicable. G ST Challan may not be insisted upon for release of payments as its complia nce is being monitored by the Government (GST Data Analytics Wing) thro ugh a robust and well-established online system, unless there is compellin g evidence of GST evasion by the firm. (vii) Exemption certificate for G ST/ Customs duty, if applicable. (viii) Copy of APBG, if any. (ix) Guarant ee/ Warranty Certificate, if applicable. (x) Copy of Integrity Pact, Performan ce Bank Guarantee/ Indemnity Bond, where applicable. (xi) DP extension let ter with CFA’s sanction (with or without LD), UO Number and date of IFA’s c oncurrence/ note of CFA and IFA in case the advise of IFA has been overrul ed. (159) DPM - 2025 (xii) Details for electronic payment, if these details ar e not incorporated in the Supply Order/ Contract or in case there is a chang e in these details. (xiii) User acceptance. (xiv) Any other document/ certific ate that may be provided for in the Supply Order/ Contract. (c) In case of pr ocurement through GeM, the payment procedure including the documents required shall be as per the procedures prescribed by GeM. (d) The bills alongwith required documents shall be forwarded to the paying authorities by the procuring entity/contract concluding authority under the signature o f authorised officers. 8.3.8 Settlement of Payment. The settlement of payment of the firm sh all be made as stipulated in the Supply Order/ Contract or within 30 days f rom the date of receipt of Contingent Bills (CBs) by the paying authority. A ny documents/ clarifications, if needed, may be sought through e-mail/ Fax to avoid delay in payments. Documents sought through e-mail should be di gitally signed or scanned images of original documents and must be from a n official mail ID details of which are already made available to the paying authority. Resubmitted CBs are to be cleared on priority without pipelining with existing CBs in sequence. 8.3.9 All bidders to fulfill the Para 12.5.6 of DPM-2025. As per mentioned i n bid document and undertaking certificate required for TEC qualification. 8.3.10 Site Visit. The bidder, at the bidder’s own responsibility and risk, may be encouraged to visit at their own cost and examine the site of requi red services and its surroundings and obtain all information that may be ne cessary for preparing the bid and entering into a contract for the services. 8.3.11 Workmen Safety and Insurance: The service provider shall alon e be fully responsible for safety and security and insurance or life insuranc e of their personnel working at buyer premises. The service providers Shall take out and maintain, and shall cause any Subcontractors to take out and maintain, at their (or the Subcontractors’, as the case may be) own cost. T he service provider shall provide and ensure sufficient protection gears like safety shoes, hand gloves, ladders, etc., are being used by their workers while carrying out works. The Procuring Entity sh all not be liable for any compensation in case of any fatal injury/ d eath caused to or by any manpower while performing/ discharging their duties/ for inspection or otherwise.
• 9.Arbitration. All disputes or differences arising out of or in connection with the Contract shall be settled by bilateral discussions. Any dispute, disagreement or question arising out of or relating to the Contract or relating to performance, whic h cannot be settled amicably, shall be resolved through arbitration. The standard clauses of arbitration are as per Appendix H of DPM.
• 10.Penalty for use of Undue Influence The Seller undertakes that he has no t given, offered or promised to give, directly or indirectly, any gift, consideration, r eward, commission, fees, brokerage or inducement to any person in service of the Buyer or otherwise in procuring the Contract or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of the present Co ntract or any other Contract with the Government of India or showing or forbearin g to show favour or disfavour to any person in relation to the present Contract or a ny other Contract with the Government of India. Any breach of the aforesaid under taking by the Seller or any one employed by him or acting on his behalf (whether with or without the knowledge of the Seller) or the commission of any offers by the Seller or anyone employed by him or acting on his behalf, as defined in Chapter IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act, 1986 or any ot her Act enacted for the prevention of corruption, shall entitle the Buyer to cancel t he Contract and all or any other Contracts with the Seller and recover from the Sel ler the amount of any loss arising from such cancellation. A decision of the Buyer o r his nominee to the effect that a breach of the undertaking has been committed, shall be final and binding on the Seller. Giving or offering of any gift, bribe or induc ement or any attempt at any such act on behalf of the Seller towards any officer/ e mployee of the Buyer or to any other person in a position to influence any officer/ employee of the Buyer for showing any favour in relation to this or any other Contr act, shall render the Seller to such liability/ penalty as the Buyer may deem proper , including but not limited to, termination of the Contract, imposition of penal dam ages, forfeiture of the Bank Guarantee and refund of the amounts paid by the Buy er.
• 11.Denial Clause In case the delay in delivery is attributable to the Seller or a no n-Force Majeure event, any statutory increase in, or fresh imposition of any taxes/ duty, including customs duty, leviable in respect of the Stores specified in the said Contract, and/ or upward rise in prices due to the PV clause, and/ or any adverse fl uctuation in foreign exchange, are to be borne by the Seller during the extended d elivery period, while the Buyer reserves the right to get any benefit of a decrease i n price on any aforesaid ground.
• 12.Supply and Installation of panel with associated materials as per scope work. .

Buyer uploaded ATC document Click here to view the file.

Shelf Life: The Product/Spare parts to be supplied as part of the services must have minimum 12 Months Shelf Life. On the date of supply, minimum 12 Months usable shelf life should be available / balance.

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

Dedicated /toll Free Telephone No. for Service Support : BIDDER/OEM must have Dedicated/toll Free Telephone No. for Service Support.

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

Participation by the bidder in RA process would be considered as their consent for extension in offer validity by 30 days by the date of RA initiation.