Buyer Added text based ATC clauses MATERIAL REQUIRED AS PER TECHNICAL SPECIFICATION BELOW :- BHEL MAT CODE - MCXW03730727 PHOTO COPIER PAPER WHITE 75 G.S.M. N.STD:IS:14490 SIZE: 210X297 MM ** TEST CERTIFICATE REQUIRED. ** QUANTITY TOLERANCE +/-2%. ** GUARANTEE CERTIFICATE REQUIRED FOR 12 MONTHS FROM THE DATE OF MATERIAL DESPATCH. ** VENDOR TO SUBMIT PROOF OF VALID LICENSE ISSUED BY BUREAU OF INDIAN STANDARD. ** It is to be noted by bidders that the “Bids received from s ame IP Address shall be outrightly rejected and shall not be considered for further evaluation.” ** "In respect of procurement of goods or services from Micro, Small and Medium enterprises (MSMEs), the settlement of invoice shall be only through any of the TReDS platform ((i.e RXIL, Mlxchange, Invoicemart, KReDX, C2FO), authorised by the Reserve Bank of India. Such MSME suppliers to select their preferred TReDS platform before award of contract so that the data is captured in the Order [Contract database of t he Unit. They also will have the option to change the TReDS platform from the drop down menu on Suvidh a portal 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 it s 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." PRICE BASIS:- Price in INR should be quoted for F.O.R. DESTINATION delivery to CENTRAL PLANT STORE HEEP, BHEL, HARIDWAR, 249403 inclusive of all taxes and du ties. GSTIN : 05AAACB4146P1ZL SCOPE OF SUPPLY:- Supply of items to CENTRAL STORE HEEP, BHEL, HARIDWAR on F.O .R. Destination Basis. BHEL PAYMENT TERM:- a). Payment shall be made within 45 days for micro & small enterprises (MSEs), 60 d ays for medium enterprises and 90 days for non MSEM from appointed day: Appointed day means:
- 1.The day of delivery of material at BHEL store subject to submission of non-dis crepant documents by vendor as per purchase order.
- 2.The date on which any objection is removed by supplier . However, GST amount shall be reimbursed in line with compliance to Cl. No. 4 (Taxes & Duties) ** Please submit digitally signed invoice for payment. “Suppliers/C ontractors m ay track payment status of their invoices using BHEL Unified Supplier Payment (USP) Portal –https://uspp.bhel.in **“ For supply orders placed on Indian Suppliers: Irrespective of the value of the invoice amount, the bidder / vendor should necessarily upload the despatch & invoice details on BHEL SUVIDHA portal at https://suvidha.b hel.in/suvidha/, prior to despatch. All documents as per PO checklist , along with additional documents (if any), must be uploaded on the portal. It is m andatory that tax invoices with a net amount (including taxes) exceeding R s five lakhs uploaded on the portal are digitally signed using a Class 3 Digit al Signature Certificate (DSC) issued by a licensed Certifying Authority. Sub mission of invoice document in hard copy is allowed for invoices with a net amount (including taxes) equal to and up to Rs five lakhs , in case they wer e not digitally signed and uploaded on the portal. The material will not be accepted inside BHEL in absence of the above. ” **“ Grievance Redressal Mechanism To promote transparency and ensure fair treatment of all bidders, a structured Grievance Redressal Mechanism is in place to address any concerns or issues ar ising during the tendering process or in subsequent business dealings with the company. Suppliers/Contractors are requested to follow the below escalation process for g rievance resolution:
- 1.First Level: Any grievance should initially be addressed to the designated Dealing Officer, whose contact details are provided in the Notice Inviting T ender (NIT)/Contract.
- 2.Second Level: If the issue remains unresolved, it may be escalated by lod ging a formal grievance through the SUVIDHA Portal: https://suvidha.bhel.in/suvidha/. Responses will be provided in accordance with the defined escalation matrix.” Conflict of Interest among Bidders / Agents :- The bidder notes that a conflict of interest would said to ha ve occurred in the tender process and execution of the res ultant contract, in case of any of the following situations:
- i)If its personnel have a close personal, financial, or bu siness relationship with any personnel of BHEL who are directly or indirectly related to the procurement or exe cution process of the contract, which can affect the de cision of BHEL directly or indirectly; ii) The bidder (or his allied firm) provided services fo r the need assessment/ procurement planning of th e Tender process in which it is participating; iii) Procurement of goods directly from the manufacture rs/ suppliers shall be preferred. However, if the OEM/ P rincipal insists on engaging the services of an agent, s uch agent shall not be allowed to represent more than one manufacturer/ supplier in the same tender. Moreo ver, either the agent could bid on behalf of the manuf acturer/ supplier or the manufacturer/ supplier could b id directly but not both. In case bids are received from both the manufacturer/ supplier and the agent, bid rec eived from the agent shall be ignored. However, this s hall not debar more than one Authorised distributor (w ith/ or without the OEM) from quoting equipment man ufactured by an Original Equipment Manufacturer (OE
- M)in procurements under a Proprietary Article Certific ate. iv) A bidder participates in more than one bid in this tender process. Participation in any capacity by a Bi dder (including the participation of a Bidder as a pa rtner/ JV member or sub-contractor in another bid o r vice-versa) in more than one bid shall result in the disqualification of all bids in which he is a party. Ho wever, this does not limit the participation of an en tity as a sub-contractor in more than one bid if he is not bidding independently in his own name or as a member of a JV. The Bidder declares that they have read and understood the above aspects, and the bidder confirms that such conflict of interest does not exist and undertakes that they will not enter into any illegal or undisclosed agreement or understanding, whether formal or inform al with other Bidder(s), in this regard. This applies in particular to p rices, 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, th e same will be considered as a violation of the tender conditions, a nd suitable action shall be taken by BHEL as per extant policies/ gu idelines. 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 contract. 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 breac h 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 sh all notify the Supplier/Vendor by way of notice in this regard. Contractor shall be given an opportunity to r ectify 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. 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 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 in struments available is less than 10% of the contract value, the 10% of the contract value or the balance a mount, as the case may be, will be 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. vi) 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 Action against Bidders / vendor / supplier / contractor in ca se of default:- In order to protect the commercial interests of BHEL, BHEL shall take action against supplies / contractors by way of suspension of business dealings, who either fail to perform or are in default without any reasona ble cause, cause loss of business/ money/ reputation, indulge in malpractices, cheating, bribery, fraud or a ny other misconduct or formation of cartels so as to influence the bidding process or influence the price et
- c.Suspension of Business Dealings could be in the form of “Hold” or “Banning” a supplier/ contractor or a bid der and shall be as per “Guidelines for Suspension of Business Dealings with Suppliers/ Contractors” availa ble at BHEL’s website “https://www.bhel.com/guidelines-suspension-business-dealings-supplierscontractor s”. ** Please provide signed and stamped copy of attached "Bid Requirement / Allowed Values" sheet which will be consider ed as vendor’s unconditional acceptance to BHEL’s T&Cs. in cluding GeM bid document, Buyer Specific ATC document, s pecification, attachments etc. Also, vendor undertakes to s ubmit the documents as per bid requirement as and when r equired. 1) Please ensure to provide/upload the following document s and take a note of following while submitting your offer:
- I.As per GEM GTC 4.0 “The participation by the Seller in e-bidding shall be construed as his / her acceptance for all the Terms and Co nditions as outlined in the e-bidding including GTC, STC and ATC.” Evaluation of the bidder’s offer will also be done in consideration of this clause. II. Signed and stamped copy of attached BHEL specification i.e. "Bi d Requirement / Allowed Values" sheet as acceptance of BHEL spec ification. III. Signed and stamped copy of complete “Bid Document” as accep tance of all the conditions of our bid document. IV. Copy of PAN Card & Copy of GSTIN.
- V.Please provide supportive documents as per pre– qualifying req uirements (PQR). VI. Make in India (MII) declaration to avail benefits under MII. VII. NO DEVIATION CERTIFICATE (ANNEXURE 3) TO BE SUBMITTED ALONGWITH TECHNO-COMMERCIAL. VIII. The tender (GeM bid document) will also be hoisted / notified o n the website of BHEL-Haridwar and BHEL website for wide publicit y and maximizing the participation. However, corrigendum if any, will be done only on GeM portal. .