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GeM Bidding Corr 6170415 5

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0% found this document useful (0 votes)
24 views5 pages

GeM Bidding Corr 6170415 5

Uploaded by

saad.bagwan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Bid Number: GEM/2024/B/4733867

Dated: 08-04-2024

Bid Corrigendum

GEM/2024/B/4733867-C5

Following terms and conditions supersede all existing “Buyer added Bid Specific Terms and conditions” given in
the bid document or any previous corrigendum. Prospective bidders are advised to bid as per following Terms
and Conditions:

Buyer Added Bid Specific Additional Terms and Conditions

1. 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 by up to 25% of the contracted quantity during the currency of the
contract at the contracted rates. Bidders are bound to accept the orders accordingly.
2. After award of contract – Successful Bidder shall have to get Detailed Design Drawings approved from
buyer before starting fabrication. Successful Bidder shall submit Detailed Design Drawings for Buyer's
approval, within 5 days of award of contract. Buyer shall, either approve the drawings or will provide
complete list of modification required in the drawings within 10 days. Seller shall be required to ensure
supply as per approved Drawings with modifications as communicated by Buyer. If there is delay from
buyer side in approval of drawing– the delivery period shall be refixed without LD for the period of delay
in approval of Drawing.
3. 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.
4. Bidders shall quote only those products (Part of Service delivery) in the bid which are not obsolete in the
market and has at least 3 years residual market life i.e. the offered product shall not be declared end-of-
life by the OEM before this period.
5. Consortium: In case of Contracts, wherein the seller alone does not have necessary expertise, the seller
can form consortium with other sellers for submission of the bid, with one of the consortium company as
leader. However, each and every member of the consortium shall be equally responsible for the complete
execution of the project contract. An undertaking to this effect is to be uploaded with bid.
6. Data Sheet of the product(s) offered in the bid, are to be uploaded along with the bid documents. Buyers
can match and verify the Data Sheet with the product specifications offered. In case of any unexplained
mismatch of technical parameters, the bid is liable for rejection.
7. Experience Criteria: The Bidder or its OEM {themselves or through reseller(s)} should have regularly,
manufactured and supplied same or similar Category Products to any Central / State Govt Organization /
PSU / Public Listed Company for 3 years before the bid opening date. Copies of relevant contracts to be
submitted along with bid in support of having supplied some quantity during each of the year. In case of
bunch bids, the primary product having highest value should meet this criterion.
8. End User Certificate: Wherever Bidders are insisting for End User Certificate from the Buyer, same shall
be provided in Buyer’s standard format only.
9. For hazardous chemical/item, all precautionary measure as per regulation from the point of
transportation/ handling/ storage/ safety/ health/ environment to be undertaken/ specified before
dispatch. During dispatch, proper symbol for the hazard/ MSDS/ Batch No./ date of manufacturing/ Gross
Weight/ Net Weight/ shelf Life etc are to be written/ printed/ pasted on the body of the packing.
10. 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
11. OPTIONAL SITE VISIT:

1. The Bidder is advised to visit and examine the installation site and its surroundings and obtain for itself
on its own responsibility all information that may be necessary for preparing the Bid. The costs of visiting
the site shall be borne by the Bidder.

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YES

2. The Bidder representative shall be allowed entry upon consignee premises for such visits, only upon
the express conditions that the Bidder will release and indemnify the Buyer and Consignee against all
liabilities arising out of such visit including death or injury, loss or damage to property, and any other loss,
damage, costs, and expenses incurred as a result of such visit.

3. The Bidder shall not be entitled to hold any claim against Buyer for noncompliance due to lack of any
kind of pre-requisite information as it is the sole responsibility of the Bidder to obtain all the necessary
information with regard to site, surrounding, working conditions, weather etc. on its own before
submission of the bid.

12. 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.
13. Shelf Life: The Product/Spare parts to be supplied as part of the services must have minimum
5
Shelf Life. On the date of supply, minimum
10
usable shelf life should be available / balance.
14. The Buyer has an existing set up / inventory of similar products. The offered / supplied product must be
compatible with existing system. The bidder has to ensure Compatibility of the supplied items or shall
have to include in the supply the necessary hardware / software to make them compatible at no extra
cost to the buyer. The details of items with which compatibility is required are as under:
YES
15. The successful bidder has to supply all essential accessories required for the successful installation and
commissioning of the goods supplied. Besides standard accessories as per normal industry practice,
following accessories must be part of supply and cost should be included in bid price:
YES
.
16. 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.
17. The seller is required to print logo as per buyer's requirement.
18. 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.
19. Scope of supply (Bid price to include all cost components) : Supply Installation Testing Commissioning of
Goods and Training of operators and providing Statutory Clearances required (if any)
20. 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.
21. 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.

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22. 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.
23. Availability of Service Centres: Bidder/OEM must have a Functional Service Centre in the State of each
Consignee's Location in case of carry-in warranty. (Not applicable in case of goods having on-site
warranty). If service center is not already there at the time of bidding, successful bidder / OEM shall have
to establish one within 30 days of award of contract. Payment shall be released only after submission of
documentary evidence of having Functional Service Centre.
24. Dedicated /toll Free Telephone No. for Service Support : BIDDER/OEM must have Dedicated/toll Free
Telephone No. for Service Support.
25. Escalation Matrix For Service Support : Bidder/OEM must provide Escalation Matrix of Telephone Numbers
for Service Support.
26. Pre-dispatch inspection at Seller premises (Fee/Charges to be borne by the BUYER): Before
dispatch, the goods will be inspected by Buyer / Consignee or their Authorized Representative or by
Nominated External Inspection Agency (independently or jointly with Buyer or Consignee as decided by
the Buyer) at Seller premises (or at designated place for inspection as declared / communicated by the
seller) for their compliance to the contract specifications. Fee/Charges taken by the External inspection
Agency and any external laboratories testing charges shall be borne by the Buyer. For in-house testing,
the Sellers will provide necessary facilities free of cost. Seller shall notify the Buyer through e-mail about
readiness of goods for pre-dispatch inspection and Buyer will notify the Seller about the Authorized
Representative/ Nominated External Inspection Agency and the date for testing. The goods would be
dispatched to consignee only after clearance in pre-dispatch inspection. Consignee's right of rejection as
per GTC in respect of the goods finally received at his location shall in no way be limited or waived by
reason of the goods having previously been inspected, tested and passed by Buyer/ Consignee or its
Nominated External Inspection Agency prior to the goods' shipment. While bidding, the sellers should take
into account 7 days for inspection from the date of email offering the goods for inspection. Any delay in
inspection beyond 7 days shall be on the part of the buyer and shall be regularised without Liquidated
Damages.
When there is requirement of submission the advance sample, the seller shall inform the buyer promptly
through emails about the date of submission of sample to the buyer nominated Inspection agency.
27. 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.
28. ISO 9001: The bidder or the OEM of the offered products must have ISO 9001 certification.
29. 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.
30. The bidder is required to upload, along with the bid, all relevant certificates such as BIS licence, type test
certificate, approval certificates and other certificates as prescribed in the Product Specification given in
the bid document.
31. To be eligible for award of contract, Bidder / OEM must possess following Certificates / Test Reports on the
date of bid opening (to be uploaded with bid):
YES
.
32. 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.
33. Over and above the normal Warranty terms as per GeM GTC, the successful bidder / OEM shall have to
provide Comprehensive Warranty during the entire Standard warranty period as per contract. : The
comprehensive warranty shall be covering the following scope
YES
(Upload an undertaking with the bid confirming compliance by the bidder if Bidder is taking onus of this
compliance. In case OEM is taking onus of this compliance, OEM undertaking is to be uploaded along with
Bidder undertaking)
34. Successful bidder will have to ensure that adequate number of dedicated technical service personals /
engineers are designated / deployed for attending to the Service Request in a time bound manner and for
ensuring Timely Servicing / rectification of defects during warranty period, as per Service level agreement
indicated in the relevant clause of the bid.

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35. After award of contract – Successful Bidder shall have to get advance sample approved from buyer before
bulk manufacturing / starting bulk supplies. Successful Bidder shall submit
1
samples for Buyer's approval, within 5 days of award of contract. Buyer shall, as per contract
specifications framework, either approve the advance sample or will provide complete list of modification
required in the sample within 10 days of receipt of advance sample. Seller shall be required to ensure
supply as per approved sample with modifications as communicated by Buyer. If there is delay from buyer
side in approval of advance sample – the delivery period shall be refixed without LD for the period of
delay in sample approval. In case, the sample is found to have major deviations / not conforming to the
Contract specifications, the buyer at its discretion may call for fresh samples for approval before allowing
bulk supplies or may terminate the contract after notifying the deviations to the seller.
Unless otherwise provided in the contract, all samples required for test shall be supplied by the
contractor free of cost. Where under the contract, the contractor is required to submit an advance
sample, any expenses incurred by the contractor on or in connection with the production of stores in bulk,
before the sample has been approved unconditionally shall be borne by the Seller and he shall not claim
any compensation in the event of such sample being found unacceptable by the Buyer / Consignee.
36. 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.
37. Bidders can also submit the EMD with Account Payee Demand Draft in favour of
DIRECTOR GENERAL UP FIRE AND EMERGENCY SERVICES
payable at
LUCKNOW
.
Bidder has to upload scanned copy / proof of the DD along with bid and has to ensure delivery of hardcopy
to the Buyer within 5 days of Bid End date / Bid Opening date.
38. Bidders can also submit the EMD with Fixed Deposit Receipt made out or pledged in the name of A/C
(Name of the Buyer). The bank should certify on it that the deposit can be withdrawn only on the demand
or with the sanction of the pledgee. For release of EMD, the FDR will be released in the favour of the
bidder by the Buyer after making endorsement on the back of the FDR duly signed and stamped along
with covering letter. Bidder has to upload scanned copy/ proof of the FDR along with bid and has to ensure
delivery of hardcopy to the Buyer within 5 days of Bid End date/ Bid Opening date
39. Bidders can also submit the EMD with Banker’s Cheque in favour of
DIRECTOR GENERAL UP FIRE AND EMERGENCY SERVICES
payable at
LUCKNOW
.
Bidder has to upload scanned copy / proof of the BC along with bid and has to ensure delivery of hardcopy
to the Buyer within 5 days of Bid End date / Bid Opening date.
40. Successful Bidder can submit the Performance Security in the form of Account Payee Demand Draft also
(besides PBG which is allowed as per GeM GTC). DD should be made in favour of
DIRECTOR GENERAL UP FIRE AND EMERGENCY SERVICES
payable at
LUCKNOW
. After award of contract, Successful Bidder can upload scanned copy of the DD in place of PBG and has to
ensure delivery of hard copy to the original DD to the Buyer within 15 days of award of contract.
41. Buyer uploaded ATC document Click here to view the file .

Disclaimer
The additional terms and conditions have been incorporated by the Buyer after approval of the Competent
Authority in Buyer Organization, whereby Buyer organization is solely responsible for the impact of these clauses
on the bidding process, its outcome, and consequences thereof including any eccentricity / restriction arising in

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the bidding process due to these ATCs and due to modification of technical specifications and / or terms and
conditions governing the bid. Any clause(s) incorporated by the Buyer regarding following shall be treated as
null and void and would not be considered as part of bid:-

1. Definition of Class I and Class II suppliers in the bid not in line with the extant Order / Office Memorandum
issued by DPIIT in this regard.
2. Seeking EMD submission from bidder(s), including via Additional Terms & Conditions, in contravention to
exemption provided to such sellers under GeM GTC.
3. Publishing Custom / BOQ bids for items for which regular GeM categories are available without any
Category item bunched with it.
4. Creating BoQ bid for single item.
5. Mentioning specific Brand or Make or Model or Manufacturer or Dealer name.
6. Mandating submission of documents in physical form as a pre-requisite to qualify bidders.
7. Floating / creation of work contracts as Custom Bids in Services.
8. Seeking sample with bid or approval of samples during bid evaluation process.
9. Mandating foreign / international certifications even in case of existence of Indian Standards without
specifying equivalent Indian Certification / standards.
10. Seeking experience from specific organization / department / institute only or from foreign / export
experience.
11. Creating bid for items from irrelevant categories.
12. Incorporating any clause against the MSME policy and Preference to Make in India Policy.
13. Reference of conditions published on any external site or reference to external documents/clauses.
14. Asking for any Tender fee / Bid Participation fee / Auction fee in case of Bids / Forward Auction, as the
case may be.

Further, if any seller has any objection/grievance against these additional clauses or otherwise on any aspect of
this bid, they can raise their representation against the same by using the Representation window provided in
the bid details field in Seller dashboard after logging in as a seller within 4 days of bid publication on GeM. Buyer
is duty bound to reply to all such representations and would not be allowed to open bids if he fails to reply to
such representations.

*This document shall overwrite all previous versions of Bid Specific Additional Terms and Conditions.

This Bid is also governed by the General Terms and Conditions

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