Buyer Added text based ATC clauses SPECIFICATION: - Cotton Bandage Roll of F2 Quality (size 5 cm x 250 cm) is required PAYMENT TERMS: - 100% payment shall be made within 45/ 60/ 90 days (as applicable for MSE, Medium and N on-MSME respectively) from the material entry date in BHEL subject to submission of non-discrepa nt documents by the vendor and the acceptance of material by BHEL. Note: The payment timeline as given in GeM bid standard format shall not be applicable. BREACH OF CONTRACT, REMEDIES AND TERMINATION: - In case of breach of contract, wherever the value of security instruments like performance bank guar antee available with BHEL against the said contract is atleast 10% of the contract value, the same be encashed. In case the value of the security instruments available is less than 10% of the contract valu e, the balance amount be recovered from other financial remedies (i.e. available bills of the contracto r, retention amount, etc. with BHEL) or legal remedies be pursued. The balance scope shall be got do ne independently without Risk & Cost of the failed supplier/ contractor. Further, levy of liquidated da mages, debarment, termination, de-scoping, short-closure, etc., shall be applied as per provisions of t he contract. Accordingly, the tender/ contract terms shall be structured in such a way to ensure recov ery of an amount equivalent to 10% of the contract value in case of breach of contract. ACTION AGAINST BIDDERS / VENDOR / SUPPLIER / CONTRACTOR IN CASE OF DEFAULT: - In order to protect the commercial interests of BHEL, BHEL shall take action against supplies / contrac tors by way of suspension of business dealings, who either fail to perform or are in default without an y reasonable cause, cause loss of business/ money/ reputation, indulge in malpractices, cheating, brib ery, fraud or any other misconduct or formation of cartels so as to influence the bidding process or infl uence the price etc. Suspension of business dealings could be in the form of “hold” or “banning” a sup plier/ contractor or a bidder and shall be as per “guidelines for suspension of business dealings with s uppliers/contractors” available at BHEL’s website https://www.bhel.com/guidelines-suspension-busine ss-dealings-supplierscontractors 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 exec ution 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 BH EL who are directly or indirectly related to the procurement or execution process of the contract, whic h can affect the decision of BHEL directly or indirectly; ii) The bidder (or his allied firm) provided services for the need assessment/ procurement planning o f the Tender process in which it is participating; iii) Procurement of goods directly from the manufacturers/ suppliers shall be preferred. However, if t he OEM/ Principal insists on engaging the services of an agent, such agent shall not be allowed to rep resent 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. I n case bids are received from both the manufacturer/ supplier and the agent, bid received from the a gent shall be ignored. However, this shall not debar more than one Authorised distributor (with/ or wit hout the OEM) from quoting equipment manufactured by an Original Equipment Manufacturer (OEM) i n procurements under a Proprietary Article Certificate. iv) A bidder participates in more than one bid in this tender process. Participation in any capacity by a Bidder (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 pa rty. However, this does not limit the participation of an entity as a sub-contractor in more than one bi d 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 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 rega rd. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission o r non-submission of bids or any other actions to restrict competitiveness or to introduce cartelization i n the bidding process. In case, the Bidder is found having indulged in above activities, the sa me will be considered as a violation of the tender conditions, and suitable action shall be taken by BHEL as per extant policies/ guidelines. FOR GOODS / WORKS / SERVICES ON INDIAN SUPPLIERS / CONTRACTORS: - Irrespective of the value of the invoice amount, the supplier/ contractor should necessarily upload the invoice details on BHEL SUVIDHA portal at https://suvidha.bhel.in/suvidha/ , prior to despatch/raising i nvoice. All documents as per contract checklist, along with additional documents (if any), must be upl oaded on the portal. It is mandatory 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 Digital Signature Certificate (DS
- C)issued by a licensed Certifying Authority. Submission of invoice document in hard copy is allowed fo r invoices with a net amount (including taxes) equal to and upto Rs five lakhs in case the requirement for digitally signed invoice is not explicitly mentioned in the contract checklist. The Invoice will not be accepted in absence of the above. FOR MSME BIDDERS: - In respect of procurement of goods or services from Micro, Small and Medium enterprises (MSMEs), th e settlement of invoice shall be only through any of the TReDS platform ( i.e RXIL, M1xchange, lnvoice mart, KReDX, C2FO), authorised by the Reserve Bank of India. Such MSME suppliers to select their pr eferred TReDS platform before award of contract. They also will have the option to change the TReDS platform from the drop down menu on Suvidha portal of BHEL, at the time of invoice submission. 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 TReDS as per the payment timelines indicated i n the contract. OTHER CLAUSES: - 1) Item must be stamped with "BHEL SUPPLY NOT FOR SALE" 2) MRP to be hidden or not to be mentioned on item/Pack/Box. 3) Batch No. & Date of Expiry should be mentioned in invoice 4) Expiry date should not be less than 12 months on date of receipt (unless it is mentioned in tend er specification) .
