Buyer Added text based ATC clauses 28.1 Acceptance of all Terms and Conditions including Buyer Added Additional terms and Conditions of the contract to be uploaded with bid documents on firm’s letter pad duly signed with stamp. 28.2 The original copy of the EMD must reach the buyer by the bid opening date. If the EMD is not received physically within this stipulated timeframe, the firm will not entertain the TEC and will be disqualified. 28.3 Bidder to provide certificate that no incident report raised against his firm on Gem portal in last one y ear. 28.4 Bidder to uploaded copy of CRAC/Inspection Note along with invoice/Contract to consider for experien ce criteria and past performance. 28.5 Bid will be rejected in case any faulty/forged/incorrect documents are uploaded. 28.6 Firm have to submit testing certificate from NABL certified laboratory (not older than 03 months from the date of opening of Tech bid) conforming to the defence specification of the item for evaluation by TEC. The 18 digit ULR number issued by NABL accredited laboratories should be prominently highlighted on the submitted test report. Original Test Report should also reach at buyer organization within 0 2 (two) days af ter bid opening date. 28.7 Reseller will submitted OEM Authorisation Cert alongwith MSME/NSIC/ISO Cert of OEM along with Bid Documents. 28.8 Seller has to submit ANTI-COLLUSION Cert along with the tech bid.(Format as per attached) 28.9 The bidder should submit an undertaking certificate for the uploaded documents are 100% genuine r egarding the subject bid. 28.10 Seller to provide certificate confirming that the supplied items are genuine in accordance with existi ng defence specification of the item. 28.11 Only OEMs are eligible for MSE exemption, as resellers/traders are not authorized for MSE exemption as per GeM guidelines. Hence, no MSE exemption will be given to any reseller/trader. MSE uploaded shoul d be verified by the UDYAM site and same will checked during TEC by the BOO on website. If found editabl e and not eligible the firm will be disqualified. 28.12 Past Performance: Seller must be submit 80% past Performance of GeM Contract Orders of the bid quantity for bid item and balance 20 % past performance of GeM Contract Order of similar items. 28.13 To meet the experience criteria, bidders are requested to upload only Supply Orders/ GeM Contract s /GeM invoice of similar category/ Nature items for last 03 (Three) financial years i.e. FY 2023-24, FY 2024- 25 & FY 2025-26 and proof of execution of these SOs/ Contracts. No extra documents will be entertained fo r the same. 28.14 Experience Criteria: In respect of the filter applied for experience criteria, the Bidder or its OEM {t hemselves or through reseller(s)} should have regularly, manufactured and supplied same or items of sam e COS section & category to any Central / State Govt Organization / PSU / Public Listed Company for numb er of Financial years as indicated above in the bid document before the bid opening date. Copies of relevan t contracts to be submitted along with bid in support of having supplied some quantity during each of the Financial year. In case of bunch bids, the category of primary product having highest value should meet thi s criterion. No extra documents will be entertained for the same. 28.15 Warranty. Warranty Certificate as per format att to be uploaded with bid documents. 28.16 Item is required as per Defence Cat Part No & Nomenclature ( Pl refer Bid additional specificatio ns parameters). 28.17 Documents Required. Bidder to submit Quality Assurance certificate/ Vendor Assessment certifica te of GeM alongwith Bid documents. 28.18 Unloading of stores at consignee location will be under the scope of the supplier. 28.19 It is certified that this depot is providing Ord Lgs Sp to units in southern sector. The stores being pro cured have special defence specifications and are required on Op imdt basis . The Firms supply the defenc e store in Army should have experience to supply the subject store and also should have adequate knowle dge about the stores required. Inexperienced firms may supply the store not fulfilling the defence specifica tions. Being Op Imdt requirement, and time critical, the procurement cannot be delayed due to recurring r ejection of sample / re-tendering in case of non-compliance of defence specifications. 28.20 Firms which are participating in bids must have the technical capability to deliver the goods and ser vices as per prescribed technical and defence specifications, because all items required for Indian Army is related to Tps Safety, health, critical security operations and equipment. Hence, it is prudent to allow only vendors having experience and proven capability and may not relax the criteria of prior experience / turno ver to Startups / MSEs. 28.21 Turnover uploaded by the firm should have valid UDIN No . which will be verified and checked by BO O on ICAI UDIN Portal. The firms failing to submit the document with tech bid are liable to be considered fo r disqualification by TEC. 28.22 Liquidated Damages. In the event of the Seller's failure to submit the Bonds, Guarantees and Doc uments, supply the stores/goods and conduct trials, installation of equipment, training, etc as specified in t his contract, the Buyer may, at his discretion, withhold any payment until the completion of the contract. T he BUYER may also deduct from the SELLER as agreed, liquidated damages to the sum of 0.5% of the contr act price of the delayed/undelivered stores mentioned above for every week of delay o r part of a week, su bject to the maximum value of the Liquidated Damages being not higher than 10% of the value of delayed stores. 28.23 GST – While generation invoice in GeM portal, the seller must upload scanned copy of GST invoice a nd the screenshot of GST portal confirming payment of GST, GST will be paid by the vendor as per latest G ST guidelines and Sole responsibility for the same will be that of the seller. .
