GeM Bidding 6779815
GeM Bidding 6779815
GEM/2024/B/5287215
Dated/ दनांक : 18-09-2024
Total Quantity/कुल मा ा 44
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Bid Details/ बड ववरण
(a). EMD EXEMPTION: The bidder seeking EMD exemption, must submit the valid supporting document for the
relevant category as per GeM GTC with the bid. Under MSE category, only manufacturers for goods and Service
Providers for Services are eligible for exemption from EMD. Traders are excluded from the purview of this
Policy./जेम क शत के अनुसार ईएमड छूट के इ छुक बडर को संबंिधत केटे गर के िलए बड के साथ वैध समिथत द तावेज़ तुत करने है ।
एमएसई केटे गर के अंतगत केवल व तुओं के िलए विनमाता तथा सेवाओं के िलए सेवा दाता ईएमड से छूट के पा ह। यापा रय को इस नीित के
दायरे से बाहर रखा गया है ।
(b). EMD & Performance security should be in favour of Beneficiary, wherever it is applicable./ईएमड और संपादन
जमानत रािश, जहां यह लागू होती है , लाभाथ के प म होनी चा हए।
Beneficiary/लाभाथ :
Inspector General
Ftr Hq Bsf M&c Silchar Assam, Central Armed Police Forces, Border Security Force (BSF), Ministry of Home Affairs
(Inspector General Silchar)
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MII Purchase Preference/एमआईआई खर द वर यता
1. If the bidder is a Micro or Small Enterprise as per latest definitions under MSME rules, the bidder shall be
exempted from the requirement of "Bidder Turnover" criteria and "Experience Criteria" subject to meeting of
quality and technical specifications. If the bidder is OEM of the offered products, it would be exempted from the
"OEM Average Turnover" criteria also subject to meeting of quality and technical specifications. In case any
bidder is seeking exemption from Turnover / Experience Criteria, the supporting documents to prove his eligibility
for exemption must be uploaded for evaluation by the buyer.
2. If the bidder is a Startup, the bidder shall be exempted from the requirement of "Bidder Turnover" criteria and
"Experience Criteria" subject to their meeting of quality and technical specifications. If the bidder is OEM of the
offered products, it would be exempted from the "OEM Average Turnover" criteria also subject to meeting of
quality and technical specifications. In case any bidder is seeking exemption from Turnover / Experience Criteria,
the supporting documents to prove his eligibility for exemption must be uploaded for evaluation by the buyer.
3. 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 above 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.
4. Experience Criteria: In respect of the filter applied for 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 for number of Financial years as indicated above in the bid document
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 Financial year. In case of bunch bids, the category of primary product
having highest value should meet this criterion.
5. 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.
6. Preference to Make In India products (For bids < 200 Crore):Preference shall be given to Class 1 local supplier
as defined in public procurement (Preference to Make in India), Order 2017 as amended from time to time and its
subsequent Orders/Notifications issued by concerned Nodal Ministry for specific Goods/Products. The minimum
local content to qualify as a Class 1 local supplier is denoted in the bid document. If the bidder wants to avail the
Purchase preference, the bidder must upload a certificate from the OEM regarding the percentage of the local
content and the details of locations at which the local value addition is made along with their bid, failing which
no purchase preference shall be granted. In case the bid value is more than Rs 10 Crore, the declaration relating
to percentage of local content shall be certified by the statutory auditor or cost auditor, if the OEM is a company
and by a practicing cost accountant or a chartered accountant for OEMs other than companies as per the Public
Procurement (preference to Make-in -India) order 2017 dated 04.06.2020. Only Class-I and Class-II Local suppliers
as per MII order dated 4.6.2020 will be eligible to bid. Non - Local suppliers as per MII order dated 04.06.2020 are
not eligible to participate. However, eligible micro and small enterprises will be allowed to participate .The
buyers are advised to refer the OM No.F.1/4/2021-PPD dated 18.05.2023.
OM_No.1_4_2021_PPD_dated_18.05.2023 for compliance of Concurrent application of Public Procurement Policy
for Micro and Small Enterprises Order, 2012 and Public Procurement (Preference to Make in India) Order, 2017.
7. Purchase preference will be given to MSEs having valid Udyam Registration and whose credentials are
validated online through Udyam Registration portal as defined in Public Procurement Policy for Micro and Small
Enterprises (MSEs) Order, 2012 dated 23.03.2012 issued by Ministry of Micro, Small and Medium Enterprises and
its subsequent Orders/Notifications issued by concerned Ministry. If the bidder wants to avail themselves of the
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Purchase preference, the bidder must be the manufacturer / OEM of the offered product on GeM. Traders are
excluded from the purview of Public Procurement Policy for Micro and Small Enterprises and hence resellers
offering products manufactured by some other OEM are not eligible for any purchase preference. In respect of bid
for Services, the bidder must be the Service provider of the offered Service. Relevant documentary evidence in
this regard shall be uploaded along with the bid in respect of the offered product or service and Buyer will decide
eligibility for purchase preference based on documentary evidence submitted, while evaluating the bid. If L-1 is
not an MSE and MSE Seller (s) has / have quoted price within L-1+ 15% (Selected by Buyer) of margin of
purchase preference /price band defined in relevant policy, such MSE Seller shall be given opportunity to match
L-1 price and contract will be awarded for 25% (selected by Buyer) percentage of total quantity. The buyers are
advised to refer the OM No. F.1/4/2021-PPD dated 18.05.2023 OM_No.1_4_2021_PPD_dated_18.05.2023 for
compliance of Concurrent application of Public Procurement Policy for Micro and Small Enterprises Order, 2012
and Public Procurement (Preference to Make in India) Order, 2017. Benefits of MSE will be allowed only if seller is
validated on-line in GeM profile as well as validated and approved by Buyer after evaluation of documents
submitted.
8. Past Performance: The Bidder or its OEM {themselves or through re-seller(s)} should have supplied same or
similar Category Products for 50% of bid quantity, in at least one of the last three Financial years before the bid
opening date to any Central / State Govt Organization / PSU. Copies of relevant contracts (proving supply of
cumulative order quantity in any one financial year) to be submitted along with bid in support of quantity
supplied in the relevant Financial year. In case of bunch bids, the category related to primary product having
highest bid value should meet this criterion.
9. Reverse Auction would be conducted amongst all the technically qualified bidders except the Highest quoting
bidder. The technically qualified Highest Quoting bidder will not be allowed to participate in RA. However, H-1
will also be allowed to participate in RA in following cases:
Processor Number Intel Core i7 12700, Intel Core i7 12700F, Intel Core i7
12700KF, Intel Core i7 12700K, Intel Core i9 12900F,
Intel Core i9 12900, Intel Core i9 12900KF, Intel Core
i9 12900K Or higher
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Specification Name/ विश का Bid Requirement/ बड के िलए आव यक (Allowed
Specification
नाम Values)/अनुमत मू य
Total HDD Capacity (GB) 1000, 1500, 2000, 2500, 3000, 4000 Or higher
Total SSD Capacity (GB) 512, 768, 1024, 2048, 4096 Or higher
Availability of Webcam No
integrated with Monitor
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Additional Specification Parameters - Desktop Computers ( 44 pieces )
Specification Parameter
Bid Requirement (Allowed Values)
Name
Chipset Number Intel Q 670 accepted only instead of Intel Q 470. if any
Intel Q 670 Chipset
bidder offer product with chipset Intel Q 470 will be rejected at initial stage.
* Bidders offering must also comply with the additional specification parameters mentioned above.
Consignee
S.No./ . Reporting/Officer/ Delivery Days/ डलीवर के
परे षती/ रपो टग Address/पता Quantity/मा ा
सं. दन
अिधकार
Special terms and conditions-Version:3 effective from 28-10-2023 for category Desktop Computers
1. ‘Local content means the amount of value added in India which shall, unless otherwise Prescribed by the
Nodal Ministry, be the total value of the item procured (excluding net domestic indirect taxes) minus the
value of imported content in the item (including all customs duties) as a proportion of the total value and
percent.
‘Class-I local supplier’ means a supplier or service provider, whose goods, services or works offered for
procurement, has local content equal to or more than 50% as defined under this Order
‘Class-lI local supplier’ means a supplier or service provider, whose goods, services or works offered for
procurement, has local content more than 20% but less than 50%, as defined under this Order.
1 OPERATING SYSTEM
There is no requirement that the OEM of the Desktop computer systems should be a
(i)
device partner of Microsoft and hold a Microsoft Authorization form
Microsoft OS may be sourced directly from Microsoft by the OEMs holding device partner
status and those not holding device partner status may source from authorized
(ii) distributors i.e., M/s. Ingram or M/s. Redington and their authorized channel partners.
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Buyers may ensure that MAF shall not be made a mandatory requirement in
(iii) bids.
If the supplies are made as per brands of OEMs who are global device partners, then the
serial no of the machine supplied can be used to check the details of the product from the
(iv) website of the OEM.
In the case of local device partners of Microsoft OS details such as digital key no., should
(v) be produced with supplies and the buyer may verify from Microsoft.
In case of other OEMs who are sourcing from authorized National distributors of Microsoft
Reddington or Ingram copy of the Invoice which contains the relevant serial no of
(vi)
Windows OS shall be submitted along with supplies and the buyer/consignee can verify
the same from the OS server website or by telephone, or both
In case the product offered is with DOS or Linux Operating system such verification of OS
(vii)
shall not be applicable
Buyers are advised to note that the incorporation of the condition stipulating the OEM
(i)
logo on the motherboard is restrictive and may not be incorporated in the bids
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The seller must refrain from changing or altering the configuration of the factory pre-
loaded machine. The machine should be delivered to the purchaser in its original, factory-
(i) approved configuration.
4 WARRANTY
The seller shall furnish a valid warranty Certificate/Tag from the OEM to the purchaser,
(i)
guaranteeing the product's coverage under the specified warranty terms
The warranty certificate should be verifiable through the OEM website/Customer care
center. Buyer/consignee may ensure that as soon as supplies are received, they log to the
OEM website/call center and verify the warranty certificate.
(ii)
Before generating the Consignee Receipt and Acceptance Certificate (CRAC), the
consignee may inspect the system condition and verify that it complies with the agreed
(i) specifications and configurations and to ensure that there is no scope for the supply of
refurbished products.
In the case of a large number of units procured or complex installations buyer may opt for
bidding and accordingly stipulate conditions regarding installation, inspection by
(ii) consignees/inspection agency specifying verification of configuration, warranty
applicability, checking for refurbished /altered configurations, and checking other
relevant details through OEMs website.
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At the time of receiving supplies, the consignee may ensure the following to ensure that
any discrepancies are there in supplies can be flagged and reflected and taken into
account while generating CRAC. (i) Packing should be checked properly
(iv) (ii) Warranty certificate from OEM should be insisted and checked.
The above points are for guidance and the buyer/consignee may take steps considered
(v) suitable by them for checking at the consignee end before acceptance of the
systems
With effect from 01.04.23 as per E-waste rules 2022 EPR registration is mandatory for
(i)
manufacturing entities shall ensure compliance.
OEMs shall have to ensure the mandatory/statutory requirements such as BIS-CRS, ISI
(ii) Mark, Eco Mark, etc., as per the Government of India Notification issued from time to time
for hardware components including monitor, keyboard, mouse, etc., as applicable.
Buyer Added Bid Specific Terms and Conditions/ े ता ारा जोड़ गई बड क वशेष शत
1. Generic
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. Generic
Actual delivery (and Installation & Commissioning (if covered in scope of supply)) is to be done at
following address
Inspector General
Ftr HQ BSF M&C , Masimpur
SIlchar , Po- Arunachal
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Distt- Cahcar
State- Assam, Pin-788025
.
3. Generic
Bidders shall quote only those products (Part of Service delivery) in the bid which are not obsolete in the
market and has at least 7 years residual market life i.e. the offered product shall not be declared end-of-
life by the OEM before this period.
4. Generic
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.
5. Generic
6. Generic
7. Generic
Non return of Hard Disk: As per Buyer organization’s Security Policy,Faulty Hard Disk of
Servers/Desktop Computers/ Laptops etc. will not be returned back to the OEM/supplier against warranty
replacement.
8. Generic
9. OEM
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.
Bidders can also submit the EMD with Account Payee Demand Draft in favour of
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11. Forms of EMD and PBG
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
Bidders can also submit the EMD with Payment online through RTGS / internet banking in Beneficiary
name
Successful Bidder can submit the Performance Security in the form of Fixed Deposit Receipt also (besides
PBG which is allowed as per GeM GTC). FDR should be made out or pledged in the name of
Successful Bidder can submit the Performance Security in the form of Payment online through RTGS /
internet banking also (besides PBG which is allowed as per GeM GTC). On-line payment shall be in
Beneficiary name
NET WORTH: Net Worth of the OEM should be positive as per the last audited financial statement.
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Scope of supply (Bid price to include all cost components) : Supply Installation Testing and
Commissioning of Goods
17. Certificates
ISO 9001: The bidder or the OEM of the offered products must have ISO 9001 certification.
18. Certificates
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.
19. Certificates
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.
Dedicated /toll Free Telephone No. for Service Support : BIDDER/OEM must have Dedicated/toll Free
Telephone No. for Service Support.
Escalation Matrix For Service Support : Bidder/OEM must provide Escalation Matrix of Telephone Numbers
for Service Support.
22. Warranty
Timely Servicing / rectification of defects during warranty period: After having been notified of the defects
/ service requirement during warranty period, Seller has to complete the required Service / Rectification
within 7 days time limit. If the Seller fails to complete service / rectification with defined time limit, a
penalty of 0.5% of Unit Price of the product shall be charged as penalty for each week of delay from the
seller. Seller can deposit the penalty with the Buyer directly else the Buyer shall have a right to recover all
such penalty amount from the Performance Security (PBG).Cumulative Penalty cannot exceed more than
10% of the total contract value after which the Buyer shall have the right to get the service / rectification
done from alternate sources at the risk and cost of the Seller besides forfeiture of PBG. Seller shall be
liable to re-imberse the cost of such service / rectification to the Buyer.
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n is made along with their BID.
3. Bidder will upload a self-certificate stating that his firm has not been black
listed by any Govt/PSU agencies in recent past and also not under liquidation/co
urt receivership/similar proceedings.
4. Participating firm should submit a certificate in their letter pad that, firm h
as accepted all terms and condition mentioned in the instant bid.
5. Bidder/OEM Turnover Criteria : - The Minimum average annual financial
Turnover of the bidder/OEM of the offered product during the last 03 Years endi
ng on 31ST March of the previous financial assessment year i.e. 2020-21, 2021-
22 & 2022-23 will be considered. In case the date of constitution/incorporation o
f the OEM is less than 03 years old, the average turnover in respect of the comp
leted financial assessment year after the date of constitution shall be taken into
account for these criteria. If the firm don’t update turnover details on the
GeM portal duly verified from ITR from last three assessment financial
years the offer shall be rejected.
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Inspector General
Border Security Force (BSF)
Frontier Head Quarter, M&C.
Masimpur, Cachar
Assam, Pin- 788025,
Sir,
Tender/GeM bid No.________________________ dated_____________ We, M/s________
_________________________________ under take that if we withdraw or modify our b
id during the period of validity or we are awarded the contract and we fail to sig
n the contract or to submit a performance security before the deadline defined i
n bids documents, we will be suspended for the period of 02 years from being el
igible to submit bids for contract with procuring entity i.e. Border Security Force
(BSF), Ministry of Home Affairs.
Yours Faithfully,
(Signature of the Authorized Signatory of Bidder with official s
eal)
9. EMD shall be submitted by Re-seller along with the Bid documents failin
g which the offer shall be rejected at initial stage.
10. All bidder should upload copy of Bid security/EMD @ 3 % of estimate cos
t in shape account payee bank draft in favour of IG, BSF Silchar payable in SB
I Arunachal (Branch Code- 05541) with bid documents followed with hard co
py through speed post which shall be received within 05 days after end of techn
ical bid.
11. Availability of Physical Service centre of Bidder/OEM in consignee locations
(Silchar, Assam) and details (address and Mobile No) to be furnished OEM letter
head at the time of bid submission.
12. Undertaking certificate for Cartel Formation :-
Participated bidder is required to submit the undertaking certificate as p
er Appendix- ‘B’ with the bid documents for non-submission of bid through Ca
rtel Formation.
APPENDIX –‘B’.
(On Firm’s Letter head)
GeM Bid No.________________ Dated_______________
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UNDERTAKING FOR CARTEL FORMATION
We_____________________________ Hereby, give an undertaking that a
s a Registered Vendor on the GeM Portal for manufactures/re-seller for su
pply of_______________________________will not be a part of cartel with other
vendors and will be quoting competitive rates in the instant GeM bid calle
d by the Ftr HQ BSF M&C.
Name of Proprietor:-
Complete Address :-
D
ate:
To,
Inspector General
Border Security Force (BSF)
Frontier Head Quarter, M&C.
15 / 22
Masimpur, Cachar
Assam, Pin- 788025,
Name of Item:-____________________________________________
Dear Sir,
Yours Faithfully,
(Signature of the Bidder, with Official S
eal)
APPENDIX –‘D’
DECLARATION FOR SUCESSFULLY SUPPLYING OF STORES
(To be given on Company Letter Head)
Date:
To,
Inspector General
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Border Security Force (BSF)
Frontier Head Quarter, M&C.
Masimpur, Cachar
Assam, Pin- 788025,
Name of Item:-______________________________________________
Dear Sir,
Yours Faithfully,
(Signature of the Bidder, with Official Seal
)
APPENDIX –‘E’
Sub: Undertaking of Authenticity for Desktops and Server Supplies Sub: S
upply of IT Hardware/Software -- Desktops and Servers
Ref : 1. Your Purchase Order No. ------------Dated------
2. Our invoice no/Quotation No. -------Dated-------
With reference to the Desktops and Servers being supplied /quoted to you
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vide our invoice No/quotation No/order No. Cited above, --------------
We here by undertake that all the components/ parts/ assembly/ software
used in the Desktops and Servers under the above like Hard disk, Monitors, Me
mory etc shall be original new components/parts/ assembly /software only, from
respective OEMs of the products and that no refurbished/duplicate/ second han
d components/ parts/ assembly / software are being used or shall be used.
We also undertake that in respect of licensed operating system if asked fo
r by you in the purchase order, the same shall be supplied along with the autho
rised license certificate (eg Product Keys on Certification of Authenticity in case
of Micros oft Windows Operating System) and also that it shall be sourced from
the authorised source (eg Authorised Microsoft Channel in case of Microsoft Op
erating System).
Should you require, we hereby undertake to produce the certificate from
our OEM supplier in support of above undertaking at the time of delivery/installa
tion. I t will be our responsibility to produce such letters from our OEM supplier’
s at the time of delivery or within a reasonable time.
In case of default and we are unable to comply with above at the time of d
elivery or during installation, for the IT Hardware/Software already billed, we ag
ree to take back the Desktops and Servers without demur, if already supplied a
nd return the money if any paid to us by you in this regard.
We (system OEM name) also take full responsibility of both Parts & Servic
e S LA as per the content even if there is any defect by our authorized Service C
entre/ Reseller/SI etc.
Authorised Signatory:-
Name:- Designation:-
Place:-
Date:-
16. Bidders may inspect the stores in any one of the following Inspection Agen
cy mentioned bellow:-
Nominated Inspecting Agency : - On behalf of the Buyer organization,
any one of the following Inspection Agency would be conducting inspection of st
ores before acceptance Pre- dispatch Inspection at seller Premises (applicable o
nly if pre- dispatch inspection clause has been selected in ATC). Post Receipt Ins
pection at consignee site before acceptance of stores: Survey by BSF Board o
f Officers.
17. Registered Brand: - The firm offered bid product on the GeM portal is req
uired to be registered brand. In this regard, proof of documents for registered br
and is required to submit with the bid documents failing which the offer shall be
rejected at initial stage.
18. The firms/bidder is required to be submitted the firm Pan Card, GST Re
gistration Certificate and proprietor Aadhar Card with the bid documen
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ts.
19. Part delivery of goods and part payment will not be considered. Accordingly, the bidders are advised t
o supply the entire stores in one lot through a single invoice. If firm intends to keep partial supply of goods
at IG, FTR HQ M&C, PO-ARUNACHAL, MASIMPUR, SILCHAR-788025, the same may be allowed at the risk of
the seller on their request, subject to availability of storage space and as per discretion of the buyer. Howe
ver, the date on which full supply is received as per contract, shall be treated as the date of deliver.
20. All participated firms should submit complete Udhyam registration certificate with all annexure fail
ing which their bid shall be rejected at initial stage.
21. Start-up: Start-ups shall submit certification of ‘departmental for promotion of Industry and interna
l trade 5/7(DPIIT)’ with bid documents to get exemption.
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 fir
m as per clause 9.7.9, 9.7.10 & 9.7.11 of manual for procurement of good
s 2017, MOF.
23. Force Majeure Conditions :- If at any time during the continuance of the
contract the performance in whole or in part by either party of any obligation un
der this contract shall be prevented or delayed by the reasons of any war, hostil
ity, acts of the public enemy, epidemics, civil commotion, sabotage, fires, floods
, explosion, quarantine restriction, strikes lockouts or act or God provided notice
of happening of such event duly evidenced with documents is given by one par
ty to the other within 10 days from the date of occurrence thereof, neither party
shall be by reasons of such event, be entitled to terminate the contract nor
shall either party have any claim for damages against the other respect of such
non-performance or delay in performance and deliveries under the contract sha
ll be resumed as soon as practicable after such event has come to an end or ce
ased to exist, and the decision of the buyer as to whether the deliveries have be
en so resumed or not, shall be final and conclusive, Provided further that if the
performance in whole or part of any obligation under this contract is prevented
or delayed by reason of any such event for a period exceeding 10 days, either p
arty may at its option terminate the contract provided also that the buyer shall
be at liberty to take over from the Seller at a price to be fixed by buyer, which s
hall be final, all unused, undamaged and accepted material, bought out compo
nents and Goods in course of manufacture in the possession of the seller at the
time of such termination or such portion thereof as the buyer may deem fit exce
pting such materials, bought out components and Goods as the Seller may with
the concurrence of the Buyer elect to retain.
24. ARBITRATION :- In the event of any question, dispute or deference a
rising under the terms and conditions of the contract placed through GeM, the s
ame shall be referred to the sole arbitration by an officer nominated as Arbitrat
or by the primary buyer of the concerned Buyer Organization, It will be no objec
tion that the arbitrator is a Government servant and that he had to deal with th
e matters to which the contract relates or that in the course of his duties as a G
overnment servant he has expressed views on all or any of the matters in dispu
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te or difference. The award of the arbitrator shall be final and binding on the par
ties to the contract. The arbitration shall be governed as per Indian Arbitration a
nd Conciliation Act 1996 as amended up to date. The place for arbitration shall
be at the place from where contract has been placed by the buyer or at the plac
e of primary Buyer as decided by the Primary Buyer. In the event of the Arbitrat
or dying, neglecting or refusing to act or resigning or being unable to act for any
reason, or his award being set aside by the court for any reason, it shall be lawf
ul for the primary Buyer to appoint another arbitrator in place of the outgoing ar
bitrator in the manner aforesaid. In respect of all contract placed through GeM,
the dispute would not be referred or entertained by Micro and Small Enterprises
Facilitation Council, Consumer Forum or any other adjudication Forum. All
disputes in connection with the Contract, shall be subject to the exclusive
jurisdiction of the court within the local limits of whose jurisdiction, the place fro
m were contract was issued is situated GeM SPV would not be a party to any su
ch dispute/matter. In case any seller/ Service provider makes GeM a party /resp
ondent in any case involving any dispute between Buyer and Seller arising out o
f a concluded contract or arising out of bidding process initiated/ concluded by t
he buyer of gem, if would be obligatory on the part of the buyer to represent Ge
M also through Counsel/Lawyer in the proceeding before the legal authority and
ensure timely filling of replies/ affidavits etc provided by GeM also through their
Counsel/Lawyer before the concerned legal authority during the course of 30 pa
ge litigation. A slandered reply on behalf of Gem, covering following aspects sha
ll be incorporated in all replies /affidavits filed by the Buyer in such case. “Move
ment e-Market is a National Public Procurement Portal: an en-toned online Mark
etplace for Central and state Government Ministries/Departments, Central & Sta
te public Sector undertaking (CPSUs & SPSUs), Autonomous institutions and loc
al bodies, for procurement of common use goods & services Prima facie, the dis
pute in the present case appears to be between the buyer and seller arising out
a contract placed / Bid created by the Buyer on Government e-Marketplace. As
per Clause 16, Clause 17 and Clause 22 of the General Terms and conditions of
Government e-marketplace (duly accepted by the Buyer and seller), GeM is not
to be made a party to any dispute between the buyer and the seller. As such G
overnment e market place is liable to be deleted from the array of parties, In lig
ht of the above, we request your good self to kindly delete Government e- Mark
etplace from the array of parties”.
25. Checking By Seller before Dispatch:-
a. Before dispatch of the stores from Seller’s premises, the seller ha
s to check and confirm that the stores fully meet the QRS/Specifications and
Inspection Clauses as per Contract/bid.
b. The buyer reserves the right to reject the entire supplied stores,
even if only a part of the stores are found to be substandard, inferior and no
t meeting the QRs/Specification as per bid/Contract.
26. MISC:-
i. Bidders are advised to check applicable GST on their own quoti
ng.
ii. While generating invoice in GeM portal, the seller must upload sc
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anned copy of GST invoice and screen shot of GST portal confirming
payments of GST.
vi. The tender may be cancelled at any stage at the discretion of Com
petent
Authority without reason as per clause 173 of GFR 2017.
vii. Certifications - For PC: MS Windows, Energy Star, EPEAT, EPR, RoHS, TCO 8.0 or higher, or
BIS or any other relevant Indian Certificate.
Disclaimer/अ वीकरण
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. If any clause(s) is / are incorporated by the Buyer regarding following, the bid and
resultant contracts shall be treated as null and void and such bids may be cancelled by GeM at any stage of
bidding process without any notice:-
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. (However, in bids for
attached categories, trials are allowed as per approved procurement policy of the buyer nodal Ministries)
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 Bid is also governed by the General Terms and Conditions/ यह बड सामा य शत के अंतगत भी शािसत है
In terms of GeM GTC clause 26 regarding Restrictions on procurement from a bidder of a country which shares a land border with India, any bidder from a country which
shares a land border with India will be eligible to bid in this tender only if the bidder is registered with the Competent Authority. While participating in bid, Bidder has to
undertake compliance of this and any false declaration and non-compliance of this would be a ground for immediate termination of the contract and further legal action
in accordance with the laws./ जेम क सामा य शत के खंड 26 के संदभ म भारत के साथ भूिम सीमा साझा करने वाले दे श के बडर से खर द
पर ितबंध के संबंध म भारत के साथ भूिम सीमा साझा करने वाले दे श का कोई भी बडर इस िन वदा म बड दे ने के िलए तभी पा होगा
जब वह बड दे ने वाला स म ािधकार के पास पंजीकृ त हो। बड म भाग लेते समय बडर को इसका अनुपालन करना होगा और कोई भी
गलत घोषणा कए जाने व इसका अनुपालन न करने पर अनुबंध को त काल समा करने और कानून के अनुसार आगे क कानूनी कारवाई
का आधार होगा।
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