# 01-65 NB GATE VALVE AS PER ANNEXURE-A1, TPQR, ANNEXURE-1 AND QAP., # 02-80 NB GATE VALVE AS PER ANNEXURE-A1, TPQR, ANNEXURE-1 AND QAP, # 03-100 NB GLOBE VALVE AS PER ANNEXURE-A2, TPQR, ANNEXURE-1 A…

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 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.

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 Purchase Order on the Seller.

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.

Nominated Inspection Agency: On behalf of the Buyer organization, any one of the following Inspection Agency would be conducting inspection of stores before acceptance: Pre-dispatch Inspection at Seller Premises (applicable only if pre-dispatch inspection clause has been selected in ATC): AT YOUR WORKS BY BHEL/BHEL AUTHORISED THIRD PARTY Post Receipt Inspection at consignee site before acceptance of stores: AT BHEL BHOPAL

Scope of supply (Bid price to include all cost components) : Only supply of Goods

• 7.Purchase Preference (Centre) Purchase preference to Micro and Small Enterprises (MSEs): Purchase preference will be given to MSEs as defined in Public Procurement Policy for Micro and Small Enterprises (MSEs) Order, 2012 dated 23.03.2012 issued by Ministry of Micro, Small and Medium Enterprises and its subsequent Orders/Notifications issued by concerned Ministry. If the bidder wants to avail the Purchase preference, the bidder must be the manufacturer of the offered product in case of bid for supply of goods. Traders are excluded from the purview of Public Procurement Policy for Micro and Small Enterprises. In respect of bid for Services, the bidder must be the Service provider of the offered Service. Relevant documentary evidence in this regard shall be uploaded along with the bid in respect of the offered product or service. If L-1 is not an MSE and MSE Seller (s) has/have quoted price within L-1+ 15% of margin of purchase preference /price band defined in relevant policy, such Seller shall be given opportunity to match L-1 price and contract will be awarded for percentage of 25% of total value.

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.

Material Test Certificate Should Be Sent Along with The Supply. The Material Will Be Checked by Buyer’s Lab & the Results of the Lab will be the Sole Criteria for Acceptance of the Item.

Buyer Added text based ATC clauses

• (1)Quotations are invited in two part bid system through GeM.
• (2)Early delivery is desirable and acceptable.
• (3)Guarantee Certificate & Test Certificate to be send along with material.
• (4)BHEL standard penalty clause for late delivery shall be applicable.
• (5)Item to be supplied suitably packed in weather proof packing to avoid damage during transit and stora ge and as per annexures and quality plan.
• (6)RA shall be done.
• (7)Bidders to furnish completely filled documents (duly sealed & signed) as below along with offer for eval uation of bids:
• (a)Signed & stamped “TECHNO -COMMERCIAL BID” duly filled in all respect.
• (b)Certification regarding Local Content. Signed & stamped copy of “MII certificate” as per our standa rd format on your company/firm letter head.
• (c)Annexure to Techno-Commercial Bid (Conflict of interest among bidders /agents declaration).
• (d)Annexure- IX
• (e)Latest Udyam/MSE Certificate.
• (f)Other relevant documents as applicable.
• (8)BHEL general Terms and Conditions of Enquiry (form no. BP- 200102C) (available at B2B site of BHEL B hopal - https://bpl.bhel.com/mm/) will be part of this tender.
• (9)Payment terms: TYPE OF BIDDER 100% PAYMENT (IN NUMBER OF DAYS) SHALL BE MADE AF TER RECEIPT & ACCEPTA NCE OF MATERIAL AT BHEL BHOP AL AGAINST SRV AS FOLLOWS - MICRO & SMALL ENTERPRISES (MSEs) 45 DAYS MEDIUM ENTERPRISES 60 DAYS NON MSME & OTHERS 90 DAYS
• (10)Conflict of interest among bidders/ agents 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:
• i.If its personnel have a close personal, financial, or business relationship with any personnel of BHEL who are directly or indirectly related to the procurement or execution process of the contract, which c an affect the decision of BHEL directly or indirectly; ii. The bidder (or his allied firm) provided services for the need assessment/ procurement planning of th e tender process in which it is participating; iii. Procurement of goods directly from the manufacturers/ suppliers shall be preferred. However, if the OEM/ principal insists on engaging the services of an agent, such agent shall not be allowed to repres ent more than one manufacturer/ supplier in the same tender. Moreover, either the agent could bid on behalf of the manufacturer/ supplier or the manufacturer/ supplier could bid directly but not both. In c ase bids are received from both the manufacturer/ supplier and the agent, bid received from the agent shall be ignored. However, this shall not debar more than one authorised distributor (with/ or without the OEM) from quoting equipment manufactured by an original equipment manufacturer (OEM) in pro curements under a proprietary article certificate. iv. A bidder participates in more than one bid in this tender process. Participation in any capacity by a b idder (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, this does not limit the participation of an entity as a sub-contractor in more than one bid if h e 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 t hat such conflict of interest does not exist and undertakes that they will not enter into any illegal or u ndisclosed agreement or understanding, whether formal or informal with other bidder{s), in this regar
• d.This applies 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 bidding 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 e xtant policies/ guidelines.
• (11)Breach of Contract: 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. The Supplier/Vendor fails to perform as per the activity schedule and there are sufficient reasons II. 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 BHEL9s written permission resulting 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 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.
• 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. vi) It is an agreed term of contract that this amount shall be a genuine pre-estimate of damages that BHEL 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. vii) 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.
• (12)Any amount on account of recovery from consigner/supplier under any condition shall be liable to be adjusted against any amount payable to the consigner/supplier against any running bills.
• (13)Instructions for document submission for payments- For supply orders placed on Indian Supplie rs: Irrespective of the value of the invoice amount, the bidder / vendor should necessarily upload the despa tch & invoice details on BHEL SUVIDHA portal at https://suvidha.bhel.in/suvidha/, prior to despatch. All doc uments as per PO checklist, along with additional documents (if any), must be uploaded on the portal. It is mandatory that tax invoices with a net amount (including taxes) exceeding Rs five lakhs uploaded on the p ortal are digitally signed using a Class 3 Digital Signature Certificate (DSC) issued by a licensed Certifying Authority. Submission of invoice document in hard copy is allowed for invoices with a net amount (including taxes) eq ual to and up to Rs five lakhs, in case they were not digitally signed and uploaded on the portal. The mater ial will not be accepted inside BHEL in absence of the above. .

Warranty period of the supplied products shall be as given in specifications 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.

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.