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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 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.

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

Products supplied shall be nontoxic and harmless to health. In the case of toxic materials, Material Safety Data Sheet may be furnished along with the material.

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

Shelf Life: The Product/Spare parts to be supplied as part of the services must have minimum 36 Shelf Life. On the date of supply, minimum 24 usable shelf life should be available / balance.

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.

• 1.The Seller shall not assign the Contract in whole or part without obtaining the prior written consent of buyer.
• 2.The Seller shall not sub-contract the Contract in whole or part to any entity without obtaining the prior written consent of buyer.
• 3.The Seller shall, notwithstanding the consent and assignment/sub-contract, remain jointly and severally liable and responsible to buyer together with the assignee/ sub-contractor, for and in respect of the due performance of the Contract and the Sellers obligations there under.

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.

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

• 11.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.
• 12.Turnover 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.

IMPORTED PRODUCTS: In case of imported products, OEM or Authorized Seller of OEM should have a registered office in India to provide after sales service support in India. The certificate to this effect should be submitted.

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.

• 15.Past Project Experience Proof for Past Experience and Project Experience clause: For fulfilling the experience criteria any one of the following documents may be considered as valid proof for meeting the experience criteria:a. Contract copy along with Invoice(s) with self-certification by the bidder that service/supplies against the invoices have been executed.b. Execution certificate by client with contract value.c. Any other document in support of contract execution like Third Party Inspection release note, etc.Proof for Past Experience and Project Experience clause: For fulfilling the experience criteria any one of the following documents may be considered as valid proof for meeting the experience criteria:a. Contract copy along with Invoice(s) with self-certification by the bidder that service/supplies against the invoices have been executed.b. Execution certificate by client with contract value.c. Any other document in support of contract execution like Third Party Inspection release note, etc.
• 16.Past Project Experience The Bidder / OEM {themselves or through reseller(s)}, should have executed project for supply and installation / commissioning of same or similar Category Products during preceding 3 financial years (i.e. current year and three previous financial years) as on opening of bid, as per following criteria:
• (i)Single order of at least 35% of estimated bid value; or
• (ii)Two orders of at least 20% each of estimated bid value; or
• (iii)Three orders of at least 15% each of estimated bid value. Satisfactory Performance certificate issued by respective Buyer Organization for the above Orders should be uploaded with bid. In case of bunch bids, the Category related to primary product having highest bid value should meet this criterion

Buyer Added text based ATC clauses TERMS & CONDITIONS

• 1.Warranty clause: Requiring the supplier to, without charge, repair or rectify defective goods or to rep lace such goods with similar goods free from defect. Any goods repaired or replaced by the supplier shall be delivered at the buyer’s premises without costs to the buyer. From Date of commencement of warranty period.
• 2.Inspection Clause: NA
• 3.Risk and Expense Clause: The supplier fails to deliver, the buyer can procure the item from another so urce. Any extra cost incurred may be recovered from the defaulting supplier (clause applied as per DPM-2 025). Should the stores or any instalment thereof not be delivered within the time or times specified in t he Contract documents, or if defective delivery is made in respect of the stores or any instalment thereof, the Buyer shall, after granting the Seller 45 days to cure the breach, be at liberty, without prejudice to the right to recover Liquidated Damages (LD) as a remedy for breach of Contract, to declare the Contract as te rminated, either wholly or to the extent of such default. (b) Should the stores or any instalment thereof not perform in accordance with the specifications/ parameters provided by the Seller during the check-proof te sts to be done in the Buyer’s country, the Buyer shall be at liberty, without prejudice to any other remedie s for breach of Contract, to terminate the Contract wholly or to the extent of such default. (c) In case of a material breach that was not remedied within 45 days, the Buyer shall, having given the right of first refusal to the Seller, be at liberty to purchase, manufacture, or procure from any other source as he thinks fit, other stores of the same or similar description to make good: (i) (ii) Such default. In the event of the Co ntract being terminated, either wholly or to the extent of such default, the balance of the stores remaining to be delivered thereunder. (d) Any excess of the purchase price, cost of manufacturer, or value of any sto res procured from any other supplier, as the case may be, over the Contract price appropriate to such def ault or balance, shall be recoverable from the Seller. Such recoveries shall not exceed .............% of the val ue of the Contract. (e) The manner and method of such procurement from other source shall be at the disc retion of the Buyer, and it shall not be necessary for the Buyer to notify the Seller of such procurement.
• 4.Non-Disclosure Agreement (NDA) Clause: Except with the written consent of the Buyer/ Seller, either party shall not disclose the contract or any provision, specification, plan, design, pattern, sample or information thereof to any third party, unless requ ired by either Government of the parties or by the Seller’s suppliers solely for the purpose of performing th e obligations under the contract. Any disclosure to any person permitted under the above clause shall be made in confidence, and shall extend only so far as may be necessary for the purposes of the contract. (cl ause applied as per DPM-2025).
• 5.A Force Majeure (FM) clause: means extraordinary events or circumstance beyond human cont rol such as an event described as an act of God (like a natural calamity) or events such as a war, strike , riots, crimes (but not including negligence or wrong-doing, predictable/seasonal rain and any other eve nts specifically excluded in the clause). An FM clause in the contract frees both parties from contractual liability or obligation when prevented by such events from fulfilling their obligations under the contract. An FM clause does not excuse a party’s nonperformance entirely, but only suspends it for the duration o f the FM. 5.1 As per this clause, neither party shall bear responsibility for the complete or partial non-p erformance of any of its obligations (except for failure to pay any sum which has become due on a ccount of receipt of goods under the provisions of the contract), if the non-performance results fro m such Force Majeure circumstances. 5.2 Intimation regarding Force Majeure. The party for which it becomes impossible to me et obligations under this contract due to Force Majeure conditions, is to notify, in written form the other party regarding the beginning and cessation of the above circumstances immediately, but in any case, not later than 14 days from the moment of their beginning. 5.3 Certification of Force Majeure. Certificate of a Chamber of Commerce (Commerce and Industry) or other competent authority or organisation of the respective country shall be sufficient proof of commencement and cessation of the above circumstances. 5.4 Extension of Time. In such circumstances, the time stipulated for the performance of an obligation under the contract is extended correspondingly for the period/ time duration of the circu mstances and their consequences. 5.4 Right to Terminate Contract. If the impossibility of complete or partial performance of an obligation lasts for more than 90 days, either party to the contract reserves the right to termina te the contract totally or partially upon giving prior written notice of 30 days to the other party of t he intention to terminate the contract without any liability, other than reimbursement on the term s provided in the agreement/ contract for the goods received. 6 . Fall Clause: The price charged for stores supplied under the contract by the Seller shall in no event exceed the lowest prices at which the Seller sells the stores or offers to sell stores of identical de scription, under the same terms and conditions, to any entity/ agency including the Purchaser during th e period or until the performance of all Supply Orders placed during the currency of the contract is com pleted. If at any time, during the said period, the Seller reduces the sale price, sells or offers to sell suc h stores to any entity/ agency at a price lower than the price chargeable under the contract, he shall fo rthwith notify such reduction or sale or offer of sale to the purchaser/ contracting authority and the pric e payable under the contract for the stores shall stand correspondingly reduced. (Clause applied As per DPM-2025). Fall Clause. The following Fall clause will form part of the Contract placed on successful Bidder: (a) The price charged for the stores supplied under the Contract by the Seller shall in no event exceed the lowest prices at which the Seller sells the stores or offers to sell stores of identical description to any pe rsons/ organisation, including the Purchaser or any Department of the Central Government or any Depa rtment of a State Government or any statutory Undertaking of the Central or State Government, as the case may be, during the period till performance of all obligations including warranty under the Contract /all Supply Orders placed during the currency of the Rate Contract (as applicable), is completed. If at an y time, during the said period, the Seller reduces the sale price, sells or offers to sell such stores to any person/ organisation, including the Buyer or any Department of the Central Government or any Depart ment of a State Government or any statutory Undertaking of the Central or State Government, as the c ase may be, at a price lower than the price chargeable under the Contract, the Seller shall (109) DPM - 2025 (Vol. II) Appendices and Forms forthwith notify such reduction or sale or offer of sale to the Procur ing Entity and the price payable under the Contract for the stores, shall stand correspondingly reduced. The above stipulation will, however, not apply to: (i) Exports/ Deemed Exports by the Seller. (ii) Sale of goods such as drugs, which have expiry dates. (c) The Seller shall furnish the following certificate to th e Paying Authority, along with each bill for payment for supplies made against the Contract/ Rate Contr act: “We certify that there has been no reduction in sale price of the stores of description identical to th e stores supplied to the Government under the Contract herein and such stores have not been offered/ sold by me/ us to any person/ organisation, including the Purchaser or any Department of the Central G overnment or any Department of a State Government or any Statutory Undertaking of the Central or St ate Government, as the case may be, up to the date of bill/ the date of completion of supplies against t he Contract/ all supply orders placed during the currency of the Rate Contract (as applicable), at a price lower than the price charged to the Government under the Contract, except for quantity of stores categ ories under sub-clauses (i) and (ii) of sub-para (b) above, details of which are given below: .................... ...................................................................................................................... ............................................. ............................................................................................. 7 Liquidated Damages (LD) Clause: As a general rule, if the vendor/ contractor fails to supply the stores/ goods/ any instalment there of or fails to perform services, conduct trials, installation of equipment, training and MET as per schedul e specified in a contract, the CFA, without prejudice to the rights of the purchaser to any other remedy for breach of contract, may recover from the contractor, a sum equivalent to 0.5% of the price {total co st (including elements of GST, freight/ transportation and other variations like PVC/ERV etc.) of stores/incidental Works/Services, which the contractor has failed to deliver within the period agreed for delivery in the contract, for each week or part thereof. The total damages shall not exceed 5% of the Pri ce {total cost (including elements of GST, freight/transportation and other variations like PVC/ERV etc.) of stores/incidental Works/Services. Any extension given by the buyer for delay attributable to buyer or on account of Force Majeure Clause is to be factored in delivery period. (Clause applied As per DPM-20 25). SER Circumstances Quantum of LD 7.1 Delay in supplies where the seller was responsible for the entire delay. Full LD, subject to it not exceeding 5% (10% in case of i nordinate delay) of the Price/ To tal cost of the goods/ incidental works/ services supplied with d elay {total cost (including elem ents of GST, freight/transportati on and other variations like PVC /ERV etc.)}. 7.2 Delay in supplies where the seller was responsible only for a part of the delay, and the remaining part was either due to circumstances beyond seller’s c ontrol or attributable to the buyer. Full LD for the period for which the Seller was responsible for t he delay, subject to it not exceeding 5%(10%, in case of i nordinate delay) of the value of the goods/ services supplied wi th delay {total cost (including e lements of GST, freight/transpor tation and other variations like PVC/ERV etc.)}. LD may be wai ved for the remaining period. 7.3 Delay in supplies where the entire delay was due t o circumstances beyond the control of the seller or on account of the buyer. LD may be waived in full for the entire period.
• 8.Payment Process 8.1 Paying Authority is JCDA(Kochi), Ernakulam, Kerala and, which is responsible for making payment, all bills from suppliers/vendors for payment are to be routed through the Procurement En tity. (No advance payment to be made by Buyer) 8.2 e-Payments- It shall be mandatory for the suppliers/ vendors to indicate their bank acco unt numbers and other relevant e-payment details to enable payments through Electronic Clearing Services (ECS)/ National Electronic Funds Transfer (NEFT)/ Real-Time Gross Settlement (RTGS) me chanism, instead of through cheques. A copy of the model mandate form, prescribed by Reserve B ank of India (RBI), is to be submitted by suppliers/ vendors for receiving payments through ECS. Th e details given in the mandate form shall also be incorporated in the supply order/ contract. A copy of the ECS mandate form to be submitted by the suppliers/ vendors (who are customers to the ban
• k)is placed at DPMF 17. For ease of tracking e-payments by the Seller, the paying authority shall i ntimate the transaction and invoice details to the Seller, through suitable electronic media, upon r elease of e-payment against the Seller’s invoice. 8.3 Documents to be submitted for Claiming Payment. The documents to be submitted for audit and payments depend upon the nature of procurement and the terms and conditions of a particular supply order/ contract:- (a) Documents to be submitted to the Audit Authority along with Advance Copy of the Supply Order/ Contract. The budget allotment letter(s) conveying allocation of funds under the code heads of expenditure concerned, are required to be sent as and when the all ocations are made or made available digitally through IT based systems developed by MoD. In add ition, the documents listed below are to be submitted in advance to the audit authority. In case do cuments listed below are not sent in advance to the audit authority, they may be called for by suc h authority at the time of payment of bills/ post audit, where applicable: - 8.3.1 Ink-signed/ digitally signed copy of the Supply Order/ Contract Agreement/ Accep ted Tender (AT) Note. 8.3.2 An ink-signed/ digitally signed copy of sanction of the CFA indicating UO Number and date of IFA’s concurrence, where applicable. 8.3.3 PAC certificate/ OEM’s Certificate/ any other certificate that may be peculiar to th e procurement. (158) CHAPTER 6 DPM – 2025 if applicable. 8.3.4 Specimen signatures of sanctioning and countersigning authorities (in case of ink -signed documents). 8.3.5 GST Identification Number (GSTIN)/ Permanent Account Number (PAN) of the sup plier/ vendor. 8.3.6 A copy of the techno-commercial evaluation and rejection details, if any, in case of two bid system 8.3.7 An ink-signed copy of the Contingent Bill/ Seller’s Bill. An ink-signed copy of the Commercial Invoice. (iii) A copy of the Supply Order with UO Number and date of IFA’s concurr ence, where required under delegation of financial powers. (iv) CRVs in duplicate. (v) Inspecti on note. (vi) Relevant documents/ proof of payment in support of the claim for statutory and o ther levies, such as, Customs duty clearance certificate, proof of payment for EPF/ ESIC contri bution with nominal roll of beneficiaries, etc., as applicable. GST Challan may not be insisted u pon for release of payments as its compliance is being monitored by the Government (GST Da ta Analytics Wing) through a robust and well-established online system, unless there is compe lling evidence of GST evasion by the firm. (vii) Exemption certificate for GST/ Customs du ty, if applicable. (viii) Copy of APBG, if any. (ix) Guarantee/ Warranty Certificate, if applicabl
• e.(x) Copy of Integrity Pact, Performance Bank Guarantee/ Indemnity Bond, where applicable.
• (xi)DP extension letter with CFA’s sanction (with or without LD), UO Number and date of IFA’s concurrence/ note of CFA and IFA in case the advise of IFA has been overruled. (159) DPM - 20 25 (xii) Details for electronic payment, if these details are not incorporated in the Supply Orde r/ Contract or in case there is a change in these details. (xiii) User acceptance. (xiv) Any other document/ certificate that may be provided for in the Supply Order/ Contract. (c) In case of pr ocurement through GeM, the payment procedure including the documents required shall be a s per the procedures prescribed by GeM. (d) The bills alongwith required documents shall be f orwarded to the paying authorities by the procuring entity/contract concluding authority under the signature of authorised officers. 8.3.8 Settlement of Payment. The settlement of payment of the firm shall be made as stipulated in the Supply Order/ Contract or within 30 days from the date of receipt of Conti ngent Bills (CBs) by the paying authority. Any documents/ clarifications, if needed, may be so ught through e-mail/ Fax to avoid delay in payments. Documents sought through e-mail shoul d be digitally signed or scanned images of original documents and must be from an official m ail ID details of which are already made available to the paying authority. Resubmitted CBs ar e to be cleared on priority without pipelining with existing CBs in sequence. 8.3.9 All bidders to fulfil the Para 12.5.6 of DPM-2025. As per mentioned in bid docume nt and undertaking certificate required. 8.3.10 Site Visit. NA 8.3.11 Workmen Safety and Insurance: The service provider shall alone be fully res ponsible for safety and security and insurance or life insurance of their personnel working at b uyer premises. The service providers Shall take out and maintain, and shall cause any Subcon tractors to take out and maintain, at their (or the Subcontractors’, as the case may be) own co st. The service provider shall provide and ensure sufficient protection gears like saf ety shoes, hand gloves, ladders, etc., are being used by their workers while carryin g out works. The Procuring Entity shall not be liable for any compensation in case o f any fatal injury/ death caused to or by any manpower while performing/ dischargi ng their duties/ for inspection or otherwise.
• 9.Arbitration. All disputes or differences arising out of or in connection with the Contract shall be settled by bilateral discussions. Any dispute, disagreement or question arising out of or relating to t he Contract or relating to performance, which cannot be settled amicably, shall be resolved through ar bitration. The standard clauses of arbitration are as per Appendix H of DPM.
• 10.Penalty for use of Undue Influence The Seller undertakes that he has not given, offered or promised to give, directly or indirectly, any gift, consideration, reward, commission, fees, brokerage or inducement to any person in service of the Buyer or otherwise in procuring the Contract or forbearing t o do or for having done or forborne to do any act in relation to the obtaining or execution of the present Contract or any other Contract with the Government of India or showing or forbearing to show favour or disfavour to any person in relation to the present Contract or any other Contract with the Government of India. Any breach of the aforesaid undertaking by the Seller or any one employed by him or acting o n his behalf (whether with or without the knowledge of the Seller) or the commission of any offers by th e Seller or anyone employed by him or acting on his behalf, as defined in Chapter IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act, 1986 or any other Act enacted for the prevention of cor ruption, shall entitle the Buyer to cancel the Contract and all or any other Contracts with the Seller and recover from the Seller the amount of any loss arising from such cancellation. A decision of the Buyer o r his nominee to the effect that a breach of the undertaking has been committed, shall be final and bin ding on the Seller. Giving or offering of any gift, bribe or inducement or any attempt at any such act on behalf of the Seller towards any officer/ employee of the Buyer or to any other person in a position to in fluence any officer/ employee of the Buyer for showing any favour in relation to this or any other Contr act, shall render the Seller to such liability/ penalty as the Buyer may deem proper, including but not li mited to, termination of the Contract, imposition of penal damages, forfeiture of the Bank Guarantee an d refund of the amounts paid by the Buyer.
• 11.Denial Clause In case the delay in delivery is attributable to the Seller or a non-Force Majeure ev ent, any statutory increase in, or fresh imposition of any taxes/ duty, including customs duty, leviable i n respect of the Stores specified in the said Contract, and/ or upward rise in prices due to the PV clause , and/ or any adverse fluctuation in foreign exchange, are to be borne by the Seller during the extende d delivery period, while the Buyer reserves the right to get any benefit of a decrease in price on any af oresaid ground. .

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.