Hammer Composite Polymer With Composite Iron Assembly For Stroking Mechanism Of SMG 9 Mm Series

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 origin delivery period is less than 30 days, the additional time equals the original delivery period. The Purchaser ma extend this calculated delivery duration up to the original delivery period while exercising the option clause. Bidders must comply with these terms.

• 2.Sample Clause After award of contract – Successful Bidder shall have to get advance sample approved from buyer before bu manufacturing / starting bulk supplies. Successful Bidder shall submit 30 samples for Buyer's approval, within 21 days of award of contract. Buyer shall, as per contract specifications framework, either approve the advance sample or will provide complete list of modification required in the sample within 21 days of receipt of advance sample. Seller shall be required to ensure supply as per approved sample with modifications as communicated by Buyer. If there is delay from buyer side in approval of advance sample – the delivery period shall be refixed without LD for the period of delay in sample approval. In case, th sample is found to have major deviations / not conforming to the Contract specifications, the buyer at its discretion may call for fresh samples for approval before allowing bulk supplies or may terminate the contract after notifying the deviations to the seller. Unless otherwise provided in the contract, all samples required for test shall be supplied by the contractor fre of cost. Where under the contract, the contractor is required to submit an advance sample, any expenses incurred by the contractor on or in connection with the production of stores in bulk, before the sample has bee approved unconditionally shall be borne by the Seller and he shall not claim any compensation in the event of such sample being found unacceptable by the Buyer / Consignee.

After award of contract – Successful Bidder shall have to get Detailed Design Drawings approved from buyer before starting fabrication. Successful Bidder shall submit Detailed Design Drawings for Buyer's approval, within 10 days of award of contract. Buyer shall, either approve the drawings or will provide complete list of modification required in the drawings within 21 days. Seller shall be required to ensure supply as per approve Drawings with modifications as communicated by Buyer. If there is delay from buyer side in approval of drawing– the delivery period shall be refixed without LD for the period of delay in approval of Drawing.

• 4.Turnover Bidder Turn Over Criteria: The minimum average annual financial turnover of the bidder during the last three years, ending on 31st March of the previous financial year, should be as indicated in the bid document. Documentary evidence in the form of certified Audited Balance Sheets of relevant periods or a certificate from the Chartered Accountant / Cost Accountant indicating the turnover details for the relevant period shall be uploaded with the bid. In case the date of constitution / incorporation of the bidder is less than 3 year old, the average turnover in respect of the completed financial years after the date of constitution shall be taken into account for this criteria.

Bidders can also submit the EMD with Fixed Deposit Receipt made out or pledged in the name of A/C The DIG CENWOSTO BSF TEKANPUR . The bank should certify on it that the deposit can be withdrawn only on the demand or with the sanction of the pledgee. For release of EMD, the FDR will be released in the favour of the bidder by the Buyer after makin endorsement on the back of the FDR duly signed and stamped along with covering letter. Bidder has to upload scanned copy/ proof of the FDR along with bid and has to ensure delivery of hardcopy to the Buyer within 5 days of Bid End date/ Bid Opening date

Bidder financial standing: The bidder should not be under liquidation, court receivership or similar proceedings, should not be bankrupt. Bidder to upload undertaking to this effect with bid.

Bidder'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.

Bidders are advised to check applicable GST on their own before quoting. Buyer will not take any responsibilit 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 %.

Buyer Added text based ATC clauses S.No Details

• 1.Liquidated Damages: In case the firm does not complete the supply within the laid do wn agreed delivery period as per contract, action will be taken against the firm as per C lause 9.7.9, 9.7.10 & 9.7.11 of Manual for procurement goods 2017, MOF.
• 2.Experience Criteria: The Bidder or its OEM {themselves or through reseller (s)} shou d have regularly, manufactured and supplied same or similar Category products to any Central /State Govt. Organization / PSU / Public Listed Company at least one of the la st 3 financial years before the bid opening date.
• 3.Confidentially Clause: The Bidder may submitting a Non-Disclosure of Specifications Certificate to the procuring entity, that they shall not disclose the specification, plan, d awing, pattern, sample or information thereof, to any person, other than a person emp oyed by the Bid participant for executing the contract, failing which they are liable to an y action taken by the procuring entity.
• 4.Bid Security Declaration instead of EMD: MSEs or exempted categories should sub mit “Bid Security Declaration” in lieu of EMD alongwith bid documents failing which their offer shall be rejected during initial scrutiny & after that no representation shall be entertained (the prescribed format of BSD is uploaded in ATC document).
• 5.Risk Purchase Clause: In the event of failure of supplier to deliver or dispatch the sto es or provide the required services within the stipulated dates / period of the supply ord er / AT, or in the event of breach of any of the terms and condition of the AT, the purcha ser will have the right to purchase the subject store elsewhere at the risk and cost of de faulting, supplier after giving a notice to defaulting supplier. The cost as per Risk Purcha se exercise may be recovered from the bills pending with the purchaser even against an y other supplies outside this contract or even from the pending bills with any other Govt . Department / Ministry. In the event of contract being cancelled for any breach commit ed and the purchase effecting repurchase of the subject store at the risk and cost of con tractor, the purchaser is not bound to accept the lower offer of Benami or allied sister co ncern of the Contractor.
• 6.Local Content Certificate: The bidder must upload a certificate from the OEM regard ng the percentage of the local content and the details of locations at which the local va ue addition is made alongwith their bid.
• 7.Right to Rejection: Store will be accepted after inspection and only if they are found up to the standard specification. The decision of the BSF shall be final as to the quality o f the stores and shall be binding upon the tenderers and in case of any of the articles su pplied not being found as per specification shall be liable to be rejected or replaced and any expenses or losses caused to the suppliers should be borne by the supplier and ens ured by the supplier that articles supplied should be best in quality and free from all de ects. The acceptance or articles will be made only when the article are inspected and fo und upto the standard specifications and free from all defects. The rejected stores must be removed by the tenderers from the consignee’s premises within 15 days from the da te of the intimation about rejection at the risk and cost of the tender. The in-charge stor es concerned will take reasonable view of such materials but in no case shall be respon sible from any loss, shortage, damage that may occur to it while it is in the premises of the consignee.
• 8.Non-Black List Certificate: Bidder will upload a self-certificate stating that his firm ha s not been blacklisted by any Govt / PSU agencies in recent past and also not under liqu idation / court receivership / similar proceedings
• 9.Jurisdiction & Arbitration: This Bid and subsequent contract if any are subject to the urisdiction of Indian Laws and Courts at the place of issue of the Tender. Sole Arbitratio n is appointed by the DG BSF. For details refer to Clause 9.9.1 and 9.9.2 of Manual for p rocurement goods 2017, MOF.
• 10.Force Majeure Clause: If at any time, during the continuance of this contract, the pe formance in whole or in part by either party of any obligation under this contract shall b e prevented or delayed by reason of any war, hostility, acts of public enemy, civil comm otion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, loc kouts or act of God (hereinafter referred to “event”) provided, notice of the happening o f any such event is given by either party to the other within 21 days from the date of oc curring thereof, neither party shall by reason of such event, be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non-performance or delay in performance, and deliveries under the contract. T he contract shall be resumed as soon as practicable after such event has come to an en d or ceased to exist, and the decision of the Purchaser as to whether the deliveries have been so resumed or not, shall be final and conclusive, PROVIDED FURTHER that if the p erformance in whole or part or any obligation under this contract is prevented or delaye d by reasons of any such event for a period exceeding 60 days, either party may at its option terminate the contract provided also that if the contract is terminated under this clause, the purchaser shall be at liberty to take over from the contractor at a price to be fixed by the Purchaser, which shall be final all unused, undamaged and acceptable mat erials, brought out components and stores in course of manufacture in the possession o f the contractor at the time of such termination or such portion thereof as the purchase may deem fit excepting such materials, bought out components and stores as the cont actor may with the concurrence of the purchase elect to retain
• 11.In a tender, either the authorized dealer on behalf of the Principal/OEM or Principal/O EM itself can bid but both cannot bid simultaneously for the same item / product in the same tender.
• 12.Conflict of Interest among Bidders/Agents A bidder shall not have conflict of interest with other bidders. Such conflict of in erest can lead to anti-competitive practices to the detriment of Procuring Entity’s intere sts. The bidder found to have a conflict of interest shall be disqualified. A bidder may be considered to have a conflict of interest with one or more parties in this bidding process , if:
• a)they have controlling partner (s) in common; or
• b)they receive or have received any direct or indirect subsidy/ financial stake from any of them; or
• c)they have the same legal representative/agent for purposes of this bid; or
• d)they have relationship with each other, directly or through common third parties , that puts them in a position to have access to information about or influence on the bid of another Bidder; or
• e)Bidder participates in more than one bid in this bidding process. Participation by a Bidder in more than one Bid will result in the disqualification of all bids in which the parties are involved. However, this does not limit the inclusion of the compon ents/ sub-assembly/ Assemblies from one bidding manufacturer in more than one bid.
• 13.As per Public Procurement Division OM dated 23/07/2020, “Any bidder from a country w hich shares a land border with India will be eligible to bid in any procurement whether o f goods, services (Including consultancy services and non-consultancy services) or work s (including turnkey projects) only if the bidder is registered with the Competent Author ty, specified in Annex-I.
• 14.For make in India :- The brief of Public Procurement order 2017 (Preference to Make in India ) issued by Min stry of Commerce & Industry dated 15.6.2017,and subsequent revision issued vide orde r dated 28.05.2018, 29th May 2019, 4th June 2020, 16th Sept 2020 and Notification of M nistry of Textiles dated 01 Feb’ 2019, to be followed is as under:- Purchase preference shall be given to “Class-I local supplier” in procurements u ndertaken by procuring entities in the manner specified here as under :-
• i)In the procurements of goods or works, which are covered by para 3 (b) of order d ated 04.06.2020, 16th Sept 2020 and which are divisible in nature, the ‘Class-I loca l supplier’ shall get purchases preference over ‘Class-II local supplier’ as well as ‘N on-local supplier’, as per following procedure :-
• a)Among all qualified bids, the lowest bid will be termed as L1. If L1 is ‘Class –I ocal supplier’, the contract for full quantity will be awarded to L-1.
• b)If L-1 bid is not a ‘Class-I local supplier’, 50% of the order quantity shall be aw arded to L1. Thereafter, the lowest bidder among the ‘Class-I local supplier’ will be invited to match the L1 price for the remaining 50% quantity subject to the Class-I local suppliers quoted price falling within the margin of purchases p reference, and contract for that quantity shall be awarded to such ‘Class-I loca l supplier’ subject to matching the L1 price. In case such lowest eligible “Class I local supplier” fails to match the L1 price or accept less than the offered qua tity, the next higher ‘Class-I local supplier’, within the margin of purchase pref erence shall be invited to match the L1 price for remaining quantity and so on and contract shall be awarded accordingly. In case some quantity is still left u ncovered on Class-I local suppliers, then such balance quantity may also be or dered on the L1 bidder. ii) In the procurement of goods or works, which are covered by para 3(b) of order dat ed 04.06.2020, 16th Sept 2020 and which are not divisible in nature, and in procu ement of services where the bid is evaluated on price alone, the ‘Class-1 local sup plier’ shall get purchase preference over ‘Class-II local supplier’ as well as ‘Non-loc al supplier’, as per following procedure: -
• a)Among all qualified bids, the lowest bid will be termed as L1. If L1 is ‘Class-I lo cal supplier’, the contract will be awarded to L1.
• b)If L1 is not ‘Class-I local supplier’, the lowest bidder among the ‘Class-I local su pplier’, will be invited to match the L1 price subject to Class-I local supplier’s q uoted price falling within the margin of purchase preference, and the contract shall be awarded to such ‘Class-I local supplier’ subject to matching the L1 pric

e.

• c)In case such lowest eligible ‘Class-I local supplier’ fails to match the L1 -price the ‘Class-I local supplier’ with the next higher bid within the margin of purcha se preference shall be invited to match the L1 price and so on and contract sh all be awarded accordingly. In case none of the ‘Class-I local supplier’ within th e margin of purchase preference matches the L1 price; the contract may be a warded to the L1 bidder. “Class-II local supplier” will not get purchase preferen ce in any procurement, undertaken by procuring entities.
• 15.Brand type: The offered item should be Registered Brand.
• 16.The firm/bidder is required to be submitted the undertaking certificate for non-submiss on of Fake/Misleading/Manipulated documents from last three years from any Govt Ten ders including instant Bid and acceptance for debarment /blacklisted if found confirms declared about such fraud from any of the Departments and through instant bid docum ents failing which the offer be rejected.
• 17.The firm/bidder is required to be submitted the undertaking certificate for successfully s upplying of stores and no any contract cancellation as failed to non-supplying of stores or failed to submission of EPG from last two years from any Govt contracts and accepta nce for debarment/blacklisted if found confirms/declared about such fraud from any of t he department.
• 18.During the procurement process, the expenses on the Cost of Samples/ Lab Tests are to be borne by the firms/ sellers only.
• 19.The firm/bidders who are manufacturer of the offered product and having valid Udyam Registration (MSEs) should have NIC Code of 5 digit i.e. 25200- Manufacture of w eapons and ammunition (Group-252, Class-2520) for availing exemption for EMD Bid Security), turnover & experience/past performance for OEM.
• 20.The firm/bidder is required to be submitted the firm Pan Card, GST Registration Cert ificate and proprietor Aadhar Card with the bid documents.
• 21.Participating firms are required to submit, along with the bid documents, a certificate o n their official letterhead stating that “The firm has accepted all terms and conditions m entioned in the instant bid”.
• 22.The firm/bidder is required to be submitted the firm Undertaking of Fake/misleading , Undertaking of successful supply and Undertaking of CVC Guidline i.e. both OE M and its authorized dealer cannot participate simultaneously for the same items/produ ct in the same tender with the bid documents. .

Buyer uploaded ATC document Click here to view the file.

• 11.Rate Contract Tax and Duties Toll Tax/ Entry Tax/ Octroi Duty & Local Taxes. No separate payment would be made by the Buyer for Toll Taxes, Entry Taxes, Octroi duty and local Taxes, if any. The Seller should cater for these Taxes/ duties as part of Basic Rate quoted in the Bid.
• 12.Rate Contract Demurrage charges In case the rejected items are not lifted by the firm within 48 hrs, the demurrage charges at the rate of 0.5% of total contract value will be charged per day. In case the items are not lifted within a month, the same will be destroyed by the station board of officers and no claim will be admitted.Demurrage charges. In case the rejected items are not lifted by the firm within 48 hrs, the demurrag charges at the rate of 0.5% of total contract value will be charged per day. In case the items are not lifted within a month, the same will be destroyed by the station board of officers and no claim will be admitted.
• 13.Rate Contract Packing Material The items will be supplied by the successful bidder in its original packing material and the packing material will not be returned. Weight of packing material will not be included in quantity supplied and only net weight of the items will be counted. The packing should be of standardized weights of appropriate size. Item will not be accepted in non-standardized weights.Packing Material. The items will be supplied by th successful bidder in its original packing material and the packing material will not be returned. Weight of packing material will not be included in quantity supplied and only net weight of the items will be counted. Th packing should be of standardized weights of appropriate size. Item will not be accepted in non-standardized weights.
• 14.Rate Contract OEM Turn Over Criteria: The minimum average annual financial turnover of the OEM of the offered product during the last three years, ending on 31st March of the previous financial year, should be as indicated in the bid document. Documentary evidence in the form of certified Audited Balance Sheets of relevant periods or a certificate from the Chartered Accountant / Cost Accountant indicating the turnover details for the relevant period shall be uploaded with the bid. In case the date of constitution / incorporation of the OEM is less than 3 year old, the average turnover in respect of the completed financial years after the date of constitution shall be taken into account for this criteria. In case of bunch bids, the OEM of CATEGORY RELATED TO primary product having highest bid value should meet this criterion.
• 15.Rate Contract Bidder Turn Over Criteria: The minimum average annual financial turnover of the bidder during the last three years, ending on 31st March of the previous financial year, should be as indicated in the bid document. Documentary evidence in the form of certified Audited Balance Sheets of relevant periods or a certificate from the Chartered Accountant / Cost Accountant indicating the turnover details for the relevant period shall be uploaded with the bid. In case the date of constitution / incorporation of the bidder is less than 3 year old, the average turnover in respect of the completed financial years after the date of constitution shall be taken into account for this criteria.
• 16.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.
• 17.Rate Contract Non- Disclosure: The OEM/bidder has to sign a Non-Disclosure agreement with the buyer for Software licens products like Anti-Virus solutions etc.
• 18.Rate Contract ISO 9001: The bidder or the OEM of the offered products must have ISO 9001 certification.
• 19.Rate Contract NET WORTH: Net Worth of the OEM should be positive as per the last audited financial statement.

Warranty period of the supplied products shall be 1 years from the date of final acceptance of goods or after completion of installation, commissioning & testing of goods (if included in the scope of supply), at consignee location. OEM Warranty certificates must be submitted by Successful Bidder at the time of delivery of Goods. The seller should guarantee the rectification of goods in case of any break down during the guarantee period. Seller should have well established Installation, Commissioning, Training, Troubleshooting and Maintenance Service group in INDIA for attending the after sales service. Details of Service Centres near consignee destinations are to be uploaded along with the bid.

Experience Criteria: The Bidder or its OEM {themselves or through reseller(s)} should have regularly, manufactured and supplied same or similar Category Products to any Central / State Govt Organization / PSU for 3 years before the bid opening date. Copies of relevant contracts to be submitted along with bid in suppor of having supplied some quantity during each of the year. In case of bunch bids, the primary product having highest value should meet this criterion.

ISO 9001: The bidder or the OEM of the offered products must have ISO 9001 certification.

Manufacturer Authorization:Wherever Authorised Distributors/service providers are submitting the bid, Authorisation Form /Certificate with OEM/Original Service Provider details such as name, designation, address e-mail Id and Phone No. required to be furnished along with the bid

• 24.Purchase Preference (Centre) Purchase Preference linked with Local Content (PP-LC) Policy: The bid clause regarding “Preference to Make In India products” stands modified in this bid and shall be governed by the PPLC Policy No. FP-20013/2/2017-FP-PNG dated 17.11.2020 issued by MoP&NG as amended u to date. Accordingly, bidders with Local Content less than or equal to 20% will be treated as “Non Local Supplier”. The prescribed LC shall be applicable on the date of Bid opening. Sanctions on the bidders for false wrong declaration or not fulfilling the Local Content requirement shall be as per the PPLC policy. Further following additional provisions are added in the certification and verification of local content provision of the Preference to Make in India clause:
• i.In case of foreign bidder, certificate from the statutory auditor or cost auditor of their own office or subsidiary in India giving the percentage of local content is also acceptable. In case office or subsidiary in India does not exist or Indian office/subsidiary is not required to appoint statutory auditor or cost auditor, certificate from practicing cost accountant or practicing chartered accountant giving the percentage of local content is also acceptable. ii. Along with Each Invoice: The local content certificate (issued by statutory auditor on behalf of procuring company) shall be submitted along with each invoice raised. However, the % of local content may vary with each invoice while maintaining the overall % of local content for the total work/purchase of the pro rata local content requirement. In case, it is not satisfied cumulatively in the invoices raised up to that stage, the supplier shall indicate how the local content requirement would be met in the subsequent stages. iii. The bidder shall submit an undertaking from the authorized signatory of bidder having the Power of Attorney along with the bid stating the bidder meets the mandatory minimum LC requirement and such undertaking shall become a part of the contract.

Successful Bidder can submit the Performance Security in the form of Fixed Deposit Receipt also (besides PBG which is allowed as per GeM GTC). FDR should be made out or pledged in the name of The DIG CENWOSTO BSF TEKANPUR A/C (Name of the Seller). The bank should certify on it that the deposit can be withdrawn only on the demand or with the sanction of the pledgee. For release of Security Deposit, the FDR will be released in favour of bidde by the Buyer after making endorsement on the back of the FDR duly signed and stamped along with covering letter. Successful Bidder has to upload scanned copy of the FDR document in place of PBG and has to ensure delivery of hard copy of Original FDR to the Buyer within 15 days of award of contract.

Without prejudice to Buyer’s right to price adjustment by way of discount or any other right or remedy available to Buyer, Buyer may terminate the Contract or any part thereof by a written notice to the Seller, if:

• i)The Seller fails to comply with any material term of the Contract. ii) The Seller informs Buyer of its inability to deliver the Material(s) or any part thereof within the stipulated Delivery Period or such inability otherwise becomes apparent. iii) The Seller fails to deliver the Material(s) or any part thereof within the stipulated Delivery Period and/or to replace/rectify any rejected or defective Material(s) promptly. iv) The Seller becomes bankrupt or goes into liquidation.
• v)The Seller makes a general assignment for the benefit of creditors. vi) A receiver is appointed for any substantial property owned by the Seller. vii) The Seller has misrepresented to Buyer, acting on which misrepresentation Buyer has placed the Purchas Order on the Seller.

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.