Buyer Added text based ATC clauses 1 In lieu of EMD/Bid Security under Rule 170 (iii) if GFR 2017, MSEs/Start-up/Exem pted categories shall submit Bid Securing Declaration as per format attached to this bid, failing which the offer shall be rejected during initial Scrutiny/stage and no representation shall be considered. (Performa of Bid securing Declaration certificate attached as Appendix-‘A’) 2 Participated firms should submit a Self-declaration that the bidder is not under watch list/banned/suspended/blacklisted by any Govt department. (Performa att ached as Appendix-‘B’). 3 Bidder financial standing: The bidder should not be under liquidation, court re ceivership or similar proceedings, should not be bankrupt. Bidder to upload unde rtaking to this effect with bid. (Performa attached as Appendix-‘C’) 4 UNDERTAKING CERTIFICATE FOR CARTEL FORMATION : - The firm/bidder is required to submit the under taking certificate for non – submission of bid through cartel formation with the bid documents for supply of bid required stores as part of cartel with other vendors and will be quoting competitive rates in the i nstant gem bid called by BSF FTR (Spl Ops) Odisha at Bangalore and considerati on/acceptance for de-list/blacklisted for 02 years if found involved in such cartel formation from any of the departments or through documents failing which the o ffer shall be rejected. (Performa attached as Appendix-‘D’) 5 Warranty period of the supplied products shall be 01 year from the date of final acceptance of goods at consignee location. OEM Warranty certificates must be s ubmitted by successful Bidder at the time of delivery of Goods. The Seller should guarantee the replacement of goods in case of any defects during the guarantee period. (Performa attached as Appendix-‘E’) 6 The firm/bidder is required to be submitted an undertaking that their firm has no t defaulted in the supply of any contract issued by any Government department in last 2 years in any consignee. In case of firm has defaulted, it will mention in t he undertaking i.e. GeM contract number, date of default, penalty imposed or bu yer concern details and any other details/remarks. If the undertaking found false /manipulative/misleading, the firm shall be blacklisted for 02 years from BSF. (Pe rforma attached as Appendix-‘F’) 7 The firm/bidder is required to be submit an undertaking certificate that their firm has never submitted any Fake/Forged/Misleading/Manipulated documents i n any of the government department in the last 02 (two) years and their docum ents have never been found Fake/Forged/Misleading by any government depart ment in the last 02 years. If the undertaking is found false/manipulative/misleadi ng, the firm shall be blacklisted for 02 years from BSF. (Performa attached as Ap pendix-‘G’). 8 The bidder/OEM is required to submit Certificate of Manufacturer/OEM (Performa attached as Appendix-‘H’) 9 The bidder/OEM is required to provide Dedicated /toll Free Telephone No. for Ser vice Support. (Performa attached as Appendix-‘J’) 10 Participation firm should submit in their letter pad that, firm has accepted all ter ms and condition mentioned in the instant bid. (Performa attached as Appendix -‘K’) 11 Bid Reserve for make in India products: Bidder to upload certificate regarding percentage of the local content and the de tails of locations at which the local value addition is made along with their bid. (P erforma attached as Appendix-‘L’) 12 Compliance of GFR Rule 144 (xi): Bidder should submit a certificate in compliance of MoF (DOE) OM dated 23.02.2023 i.e a bidder is not from a country sharing land border. (Performa at tached as Appendix- ‘M’) 13 Undertaking of Fall Clause- Given in ATC Documents - N) 14 Testing Sample: - The testing of bulk sample during PDI will be carried out by MSME/ RITEs.If supplied bulk store does not meet with as per QRs/Specifi cations, colour/quality etc. the store will be rejected. Declaration whether the bidder is agreed/accepted the Lab agencies for PDI. (Performa attached a s Appendix- ‘O’) 15 CVC Guidelines: The Indian agent on behalf of the Principal/OEM or Principal/O EM itself can bid but both cannot bid simultaneously for the same item/product i n the same tender (CVC – Guidelines issued vide Circular No. 03/01/12(12-02-6 C TE/SPL(1)-2/167030 dated 13 Jan 2012 refers). CVC guidelines should be followe d meticulously and a certificate in this regard will be furnished by the bidder. (Pe rforma attached as Appendix- ‘P’) 16 Lab Test Report: Lab Test Report is required to be submitted by the bidder al ong with the technical bid documents in a at least one of the last 2 years before the bid opening date duly inspected by NABL Accredited Labs/MHA captive agen cy for conformity of all the parameters as per bid requirement specification of th e store. 17 All participated firms should submit complete Udhyam registration certific ate with NIC Code of offered product i.e., 25999/24109. 18 The firm/bidder is required to be submitted the firm Pan Card, GST Registra tion Certificate and proprietor Aadhar Card with the bid documents. 19 Disclaimers and rights of procuring entity: The issue of the bid document does not imply that the procuring entity is bound to select BIDs and it serves the right without assigning any reason to:
- (a)Reject any or all of the bids: OR
- (b)Cancel the tender process: OR
- (c)Abandon the procurement of the Goods: OR
- (d)Issue another tender for identical or Similar Goods
- (e)Reserve the right to accept or reject bids with any all deviations 20 Bidders are advised to check applicable GST on their own quoting. Buyer will not take any responsibility in this regard. GST reimbursement will be as per actual or as per applicable rates (Whichever is lower) subject to the maximum of quoted GST%. 21 Registered Brand: The firm offered bid product on the GeM portal is required t o be registered brand. In this regard, proof of document for registered Brand is r equired to submit with the bid documents failing which the offer shall be rejecte d at initial stage. 22 EPBG:- Successful Bidder can submit the Performance Security in the form of Fi xed Deposit Receipt also (besides PBG which is allowed as per GeM GTC). FDR s hould be made out or pledged in the name of IG FTR HQ (SPL OPS) BSF ODISHA A/C (Name of the Seller). The bank should certify on it the deposit can be withdra wn only on the demand or with the sanction of the pledgee. For release e of Sec urity Deposit, the FDR will be released in Favour of bidder by the Buyer after ma king endorsement on the back of the FDR duly signed and stamped along with c overing letter. Successful Bidder has to upload scanned copy of the FDR docume nt in place of PBG and has to ensure delivery of hard copy of Original FDR to the Buyer within 15 days of award of contract 23 Survey of store: - After receipt of stores, a board of officers detailed from this HQ will carry out survey of stores and has right to accept or reject the supplied s tore fully/partially, owing to the reason of substandard quality/not as per prescribe specification/QR etc. 24 Liquidated Damages: In case the firm does not complete the supply within the laid down agreed delivery period as per contract action will be taken against the firm as per clause 9.7.9, 9.7.10 & 9.7.11 of manual for procurement of goods 20 22, MOF. (All participated bidders should submit undertaking regarding LD Charges) 25 RISK PURCHASE CLAUSE: - In the event of failure of supplier to deliver of disp atch stores to provide the required service within the stipulated dates/ period of the support order/AT or in the event of breach of any of the terms and conditions Of the AT , the purchaser will have the right to purchase the subject stores elsew here at the risk and cost of defaulting supplier after giving a notice to defaulting supplier . The cost as per risk purchase exercise may be recovered from the bills pending with the purchaser even against any other supplies outside this contract or even from the pending bills with any other Govt Department / Ministr
- y.In the event of contract being cancelled for any breach committed and the pur chase effecting repurchase of the subject store at the risk and cost of contractor , the purchaser is not bound to accept the lower offer of Benami of allied sister c oncern of the contractor. . (All participated bidders should submit underta king regarding Risk Purchase Clause) 26 Force Majeure Clause: - If at any time during the continuance of the Contract, the performance in whole or in part by either party of any obligation under this Contract shall be prevented or delayed by the reasons of any war, hostility, acts of the public enemy, epidem ics, civil commotion, sabotage, fires , floods, explosion, quarantine, restrictions, strikes, lockouts or act of God provided notice of happening of such event duly e videnced with documents is given by one party to the other within 10 days from the date of occurrence thereof, neither party shall be by reasons of such event, b e entitled to terminate the contract nor shall either party have any claim for dam ages against the other in respect of such non- performance of the delay in perfo rmance, and deliveries under the contract shall be resumed as soon as practicab le after such event has come to an end or ceased to exist , and the decision of th e Buyer as to whether the deliveries have been so resumed or not, shall be final and conclusive, provided further that if the performance in while or party of any obligation under this contract is prevented or delayed by reason of any such eve nt for a period exceeding 10 days, either party may at its option terminate the c ontract provided also that the Buyer shall be at liberty to take over from the selle r at a price to be fixed by Buyer, which shall be final , all unused, undamaged an d accepted material, bought out components and Goods in course of manufactur e in the possession of the Seller at the time of such termination or such portion t hereof as the Buyer may deem fit excepting such materials, bought out compone nts and Goods as the seller may with the concurrence of the Buyer elect to retai
- n.(All participated bidders should submit undertaking regarding Force Majeure Clause) 27 CONFLICT OF INTEREST AMONG BIDDERS/AGENTS :- A bidder shall not have conflict of interest with other bidders. Such conflict of int erest can lead to anti-competitive practices to the determent of purchaser’s inter est. The bidder found to have a conflict of interest shall be disqualifie
- d.A bidder may be considered to have a conflict of interest with one or more par ties in this bidding process if:
- (a)They have controlling partner (s) common: or
- (b)They receive or have received any direct or indirect subsidy/financial stake fro m any of them: or
- (c)They have the same legal representative/agent for purposes of this bid: or
- (d)They have relationship with each other, directly or through common third partie s, that puts them in a position to have access to information about or influence o n the bid of another bidder.
- (e)Bidder participates in more than one bid in this bidding process. Participation by a bidder in more than one Bid will result in the disqualification of all bids in whic h the parties are involved. However, this does not limit the inclusion of the comp onents/sub-assemblies for m one bidding manufacturer in more than one bid.
- (f)A bidder or any of its affiliates participated as a consultant in the preparation of the design or technical specification of the contract that is the subject of the bid.
- (g)In case of a holding company having more than one independently manufacturi ng units, or more than one unit having common business ownership/managemen
- t.Only one unit should quote. Similar restrictions would apply to closely related s ister companies. Bidders must proactively declare such sister. Common business . Management units in same/similar line of business. (Performa attached as Appendix- ‘Q’) 28 All participated firms shall provide their Director Identification Number (DIN) and Corporate Identification Number (CIN), if applicable 29 All the firms to submit undertaking in token of Acceptance of Terms and Conditi ons of the bid duly signed by the authorized signatory. 30 Copy of CRAC/Proof of completed supply to be uploaded alongwith contract for e xperience / pas performance criteria to ascertain its authenticity of stores suppli ed except MSE and start-up-firm 31 OEM firms are only eligible to get benefits for MSE/Start-ups. Firm should submit valid documents alongwith bid. 32 Consideration of bidder/OEM turnover criteria: The Minimum average annual financial Turnover of the bidder/OEM of the offere d product during the last 03 years ending on 31st March of the previous financial assessment year i.e. 2023-24, 2024-25 & 2025-26 will only be considered. In ca se the date of constitution/incorporation of the OEM is Less that 03 years old, th e average turnover in respect of the completed financial assessment year after t he date of constitution shall be taken into account for these criteria. If the firm don’t update the turnover details on the GeM portal duly verified from I TR from last three assessment financial years the offer shall be rejecte
- d.33 Right to Rejection: Stores will be accepted after inspection and only if they ar e found upto the standard specification. The decision of the BSF shall be final as to the quantity of the stores and shall be binding upon the tenders and in case o f any of the articles supplied not being found as per losses caused to supplies sh ould be borne by the supplier and ensured by the supplier that articles supplied should be best in quality and free from all defects. The rejected stores must be r emoved by the tenderer from the consignee’s premises within 15 days from the date of intimation about rejection at the risk and cost of the tenderer. The in cha rge stores concerned will take reasonable view of such materials but in no case shall be responsible for any losses short age damage that may occur to it while i s in the premises of the consignee.
- a)The tender may be cancelled at any stage at the discretion of Competent a uthority without reason as per clause 173 of GFR 2017.
- b)The buyer reserves the right to reject the entire supplied stores, even if onl y a part of the stores are to found be substandard, inferior and not meeting the QRs.
- c)Bidder's offer is liable to be rejected if they don't upload any of the certifica tes / documents sought in the Bid document, ATC and Corrigendum if any. 34 Dispute resolution between the buyer and the seller/service provider: The clause No. 16 as mentioned in General Terms & Condition on GeM 4.0 (Versi on 1.12) dated 18TH Jan 2025 should also invariably be added. 35 Guarantee and Warranty: The aforesaid provisions made specifically for Goo ds, shall also be applicable for services to the extent the same are practically pos sible. 36 While dispatching the stores to the consignee location by L1 firm should be sub mitted PDI report alongwith testing report as drawn for testing by laboratory me ntioned in Srl No.14 in original, otherwise stores will not be accepted. 37 Firm must submit last 3 assessment years of ITR i.e 2023-24, 2024-25 & 2025-2 6. 38 All transportation loading and unloading charges for delivery of stores i.e 40 MT CGI Sheet will be borne by the seller. 39 All bidder should follow bid specification. 40 All bidder should submit undertaking of data sheet of offered product as per tec hnical specification as well as additional specification parameter. 41 Arbitration:- The latest General Terms and Conditions on GeM 4.0(Version 1.7) clause No.16.2 (Arbitration) is as under:- In the event of any conflict/dispute arising out of or in connection with Contract placed through GeM, which has not been resolv ed in accordance with the procedure laid down in Clause 16.1 above, the aggriev ed Party may invoke Arbitration by sending a written notice to the other party . T he procedure for appointment of the Arbitral Tribunal shall be as follows.
- (i)In cases where the total value of the Contract is less than INR 1,00,00,000/-(I ndian Rupees one Crore only) the same shall be referred to a sole arbitrator mut ually appointed by both the Parties.
- (ii)Where the total value of the Contract exceeds INR 1,00,00,000/-(Indian Rupee s one Crore only), the arbitration shall be conducted by a quorum of three arbitr ators. Each party shall be entitled to appoint an arbitrator and the two party-app ointed arbitrators shall within 30(thirty) days from their nomination, appoint a th ird arbitrator i.e. the Presiding Arbitrator.
- (iii)In case of failure to appoint the President Arbitrator within a period of 30(thirt
- y)days form the date of nomination of the two arbitrators by the respective part ies, the aggrieved party shall approach the High Court (under whose jurisdiction the principle place of business of the Buyer department/ organization is located) to appoint the President Arbitrator as per the provisions of the Arbitrator and Co nciliation Act 1996(as amended up to date). (iv)The arbitrator shall be conducted in the English language. Arbitration proceedings can also be conducted online, a s per the discretion of the Arbitral Tribunal.
- (v)The cost of the Arbitration shall be equally borne by both the Parties. (vi)The award of the Arbitration shall be final and binding on the Parties to the Contract. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996, a s amended up to date. The seat of arbitration s hall be at the place where the pri nciple place of business of the Buyer department/organization is located.
- (vii)The Contract shall be interpreted and governed in all respects in accordance with the laws of India. All disputes in connection with or a rising out of the Contract, shall be subject to the exclusive jurisdiction of the Court within the loca l limits of whose jurisdiction principle place of business of the Buyer department/ organization is located. 42 ISO 9001: The bidder or the OEM of the offered products must have ISO 90 01 certification and same is required to be submitted. .
