􀀁बड सं 􀁆या/Bid Number: GEM/2026/B/7245366 􀁃दनां क/Dated: 16-02-2026 􀀁बड द􀀦तावेज़े / Bid Document 􀀁बड 􀀁ववरण/Bid Details 􀀁बड􀀁बडबंदबंदहोनेहोनेक􀀐क􀀐तार􀀓खतार􀀓ख//समयसमय/BidEndDate/Time26-02-202615:00:00 􀀁बड􀀁बडखुलनेखुलनेक􀀐क􀀐तार􀀓खतार􀀓ख//समयसमय/BidOpeningDate/Time26-02-202615:30:00 􀀁बड􀀁बडपेशकशपेशकशवैधतावैधता((बंदबंदहोनेहोनेक􀀐क􀀐तार􀀓खतार􀀓खसेसे))/BidOfferValidity(FromEndDate) 120(Days) मंालयमंालय//रा􀀡यरा􀀡यकाकानामनाम/Ministry/StateNameMinistryOfHeavyIndustriesAndPublicEnterprises 􀀁वभाग􀀁वभागकाकानामनाम/DepartmentNameDepartmentOfHeavyIndustryसंगठनसंगठनकाकानामनाम/OrganisationNameBharatHeavyElectricalsLimited(bhel) काया􀀥लयकाया􀀥लयकाकानामनाम/OfficeName10110009-heep,Haridwarकुलकुलमाामाा/TotalQuantity408व􀀦तुव􀀦तु􀀧ेणी􀀧ेणी/ItemCategory"WASHERN.STD:AA10739GeMARPTSम􀀩म􀀩खोजीखोजीगईगई􀀬􀀦􀀭ं􀀮स􀀬􀀦􀀭ं􀀮स/SearchedStringsusedinGeMARPTS"WASHERN.STD:AA10739-TG9641360000" GeMARPTSम􀀩म􀀩खोजाखोजागयागयाप􀀯रणामप􀀯रणाम/SearchedResultgeneratedinGeMARPTSCategorynotavailableonGeMforthetextstringuploadedbythebuyerअिधसूचनाअिधसूचनाकेकेिलएिलएचयिनतचयिनत􀀵ासंिगक􀀵ासंिगक􀀧े􀀬णयाँ􀀧े􀀬णयाँ/RelevantCategoriesselectedfornotificationLockWasherPlainWasherasperIS2016एमएसएमईएमएसएमईकेकेिलएिलएअनुभवअनुभवकेकेवष􀀸वष􀀸औरऔरटन􀀥ओवरटन􀀥ओवरसेसेछूटछूट􀀵दान􀀵दानक􀀐क􀀐गईगईहैहै/MSERelaxationforYearsofExperienceandTurnoverNo 􀀦टाट􀀥अप􀀦टाट􀀥अपकेकेिलएिलएअनुभवअनुभवकेकेवष􀀸वष􀀸औरऔरटन􀀥ओवरटन􀀥ओवरसेसेछूटछूट􀀵दान􀀵दानक􀀐क􀀐गईगईहैहै/StartupRelaxationforYearsofExperienceandTurnoverNo 􀀁व􀀽ेता􀀁व􀀽ेतासेसेमांगेमांगेगएगएद􀀦तावेज़द􀀦तावेज़/DocumentrequiredfromsellerAdditionalDoc1(RequestedinATC),AdditionalDoc2(RequestedinATC),AdditionalDoc3(RequestedinATC) *IncaseanybidderisseekingexemptionfromExperience/ TurnoverCriteria,thesupportingdocumentstoprovehiseligibilityforexemptionmustbeuploadedforevaluationbythebuyer 􀀿या􀀿याआपआपिन􀀁वदाकार􀁁िन􀀁वदाकार􀁁􀁂ारा􀁂ाराअपलोडअपलोड􀁃कए􀁃कएगएगएद􀀦तावेज़􀁁द􀀦तावेज़􀁁कोकोिन􀀁वदािन􀀁वदाम􀀩म􀀩भागभागलेनेलेनेवालेवालेसभीसभीिन􀀁वदाकार􀁁िन􀀁वदाकार􀁁कोको􀁃दखाना􀁃दखानाचाहतेचाहतेह􀁄ह􀁄??संदभ􀀥संदभ􀀥मेनूमेनूहैहै/Doyouwanttoshowdocumentsuploadedbybidderstoallbiddersparticipatedinbid? No 1 / 19 􀀁बड 􀀁ववरण/Bid Details 􀀁बड लगानेे क समय सीमा 􀀦वतः नह􀀓ंं बढ़ानेे केे िलए मू􀁕यांकनमू􀁕यांकनप􀁙ितप􀁙ित/EvaluationMethodTotalvaluewiseevaluationम􀁜य􀀦थताम􀁜य􀀦थताखंडखंड/ArbitrationClauseNo 􀀁बड􀀁बडकाका􀀵कार􀀵कार/TypeofBidTwoPacketBidतकनीक􀀐तकनीक􀀐मू􀁕यांकनमू􀁕यांकनकेकेदौरानदौरानतकनीक􀀐तकनीक􀀐􀀦प􀁗ीकरण􀀦प􀁗ीकरणहेतुहेतुअनुमतअनुमतसमयसमय/TimeallowedforTechnicalClarificationsduringtechnicalevaluation2Days ऑटोऑटोए􀀿सट􀀩शनए􀀿सट􀀩शनअिधकतमअिधकतम􀁃कतनी􀁃कतनीबारबार􀁃कया􀁃कयाजानाजानाहैहै।/।/ NumberofAutoExtensioncount2 􀀁बड􀀁बडसेसे􀀯रवस􀀥􀀯रवस􀀥नीलामीनीलामीस􀁃􀀽यस􀁃􀀽य􀁃कया􀁃कया/BidtoRAenabledYes 􀀯रवस􀀥􀀯रवस􀀥नीलामीनीलामीयो􀀮यतायो􀀮यतािनयमिनयम/RAQualificationRuleH1-HighestPricedBidElimination आव􀁏यक 􀀁बड क स􀁆या। / Minimum number of 2 ंं bids required to disable automatic bid extension 􀁃दनA क स􀁆या, 􀀬जनक िलए 􀀁बड लगानेे क समय-सीम ंंेे ा बढ़ाई जाएगी। / Number of days for which Bid 7 would be auto-extended 􀀽ेे ता केे िलए उपल􀁔ध आईट􀀓सी/ITC available to Yes buyer िनर􀀓􀁘ण आव􀁏यक (सचूू ीबY िनर􀀓􀁘ण 􀀵ािधकरण /जेमे केे साथ ूू 􀀥% पंं ृृ त एज􀀩िसयA 􀁂ारा)/Inspection Required (By पवजीक ) No Empanelled Inspection Authority / Agencies pre-registered with GeM) Payments shall be made to the Seller within 90 days ofissue of consignee receipt-cum-acceptance certificate Payment Timelines (CRAC) and on-line submission of bills (This is insupersession of 10 days time as provided in clause 12 of GeM GTC) सुु खंं No लह ड/Mediation Clause ईएमड 􀀁ववरण/EMD Detail आव􀁏यकता/RequiredNo ईपीबीजी 􀀁ववरण /ePBG Detail आव􀁏यकता/Required No बोली 􀀁वभाजन लागू नह􀀓ं 􀁃कया गया/ Bid splitting not applied. एमआईआई खर􀀓द वर􀀓यता/MII Purchase Preference 2 / 19 एमआईआई खर􀀓द वर􀀓यता/MII Purchase Preference No एमएसई खर􀀓द वर􀀓यता/MSE Purchase Preference एमएसई खर􀀓द वर􀀓यता/MSE Purchase Preference Yes सू ुउ􀁟ममू % ाओंकोखर􀀓दम􀀩 􀁝म और लघ ल उपकरण िनमात 􀀵ाथिमकता, य􀁃द उनका मू􀁕य L1+X% तक क सीमा म) हो / 15 Purchase Preference to MSE OEMs available uptoprice within L1+X% सू ु उ􀁟म को खर􀀓द म) 􀀵ाथिमकता े 􀁝मऔरलघ किलए􀀁बड क मा ा का अिधकतम 􀀵ितशत / Maximum 25 Percentage of Bid quantity for MSE purchase preference 1. Purchase preference will be given to MSEs having valid Udyam Registration and whose credentials arevalidated 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 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 resellersoffering 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 decideeligibility 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 ofpurchase 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. 2. Reverse Auction would be conducted amongst all the technically qualified bidders except the Highest quotingbidder. 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: i. If number of technically qualified bidders are only 2 or 3. ii. If Buyer has chosen to split the bid amongst N sellers, and H1 bid is coming within N. iii. In case Primary product of only one OEM is left in contention for participation in RA on elimination of H-1. iv. If L-1 is non-MSE and H-1 is eligible MSE and H-1 price is coming within price band of 15% of Non-MSE L-1 v. If L-1 is non-MII and H-1 is eligible MII and H-1 price is coming within price band of 20% of Non-MII L-1 If the buyer has mentioned MSE purchase preference in ATC then service provider is required to uploadnecessary documents for MSE purchase preference for verification by the buyer during evaluation. " WASHER N. STD: AA10739 ( 408 pieces ) तकनीक 􀀁विश􀀁􀁗याँँ /Technical Specifications 􀀽े ता 􀀁विश􀀁W द􀀦तावेज़ /Buyer Download Specification Document 3 / 19 इनपुु ेे 􀁃डट(आईट􀀓सी) तथा 􀀯रवस􀀥% 􀀵भार (आरसीएम)/Input Tax Credit(ITC) and Reverse Charge(RCM) Details ट कर = जीएसट पर इनपुु ेे 􀁃डट /ITC on GST जीएसट उपकर कर 􀀽􀁃डट /ITC on GST Cess टकर = ेे 100%NA परेे􀀁षती/􀀯रपो􀁃ट􀁣􀁣 ग अिधकार तथा मा ा/Consignees/Reporting Officer and Quantity 􀁃डलीवर अनसुु चूू ी /Delivery Schedule अनबुु ंधं परेे􀀁षती/􀀯रपो􀁃ट􀁣􀁣 ग 􀀽.सं.ं /S.N पता/Address prarambh होने क तार􀀓ख सेे 􀁃दनA क संं ा म􀀩􀀩 े 􀁆य अिधकार /Consignee o. /(In number of days from contract Reporting/Officer start days) Paras 249403,Shipping Section, Central Plant Stores, HEEP, BHEL, Haridwar-249403Uttarakhand 􀀵ारंंभ होनेे क तार􀀓ख सेे मा ा 􀁃डलीवर􀀓 /Quanti ty /Delivery to start after 4080 􀁃डलीवर _____तक पूर􀀓ू कर ली जाए /Delivery tobe completedby 90 􀀽ेे ता 􀁂ारा जोड़ गई 􀀁बड क 􀀁वशेषे शत􀁧􀁧/Buyer Added Bid Specific Terms and Conditions 1. Generic OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered upto 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 theadditional time shall commence from the last date of extended delivery period. The additional deliverytime 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. 2. Generic 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 %. 3. Generic Bidder shall submit the following documents along with their bid for Vendor Code Creation: a. Copy of PAN Card. b. Copy of GSTIN. 4 / 19 c. Copy of Cancelled Cheque. d. Copy of EFT Mandate duly certified by Bank. 4. Generic Supplier shall ensure that the Invoice is raised in the name of Consignee with GSTIN of Consignee only. 5. Generic While generating invoice in GeM portal, the seller must upload scanned copy of GST invoice and thescreenshot of GST portal confirming payment of GST. 6. Certificates 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. 7. Certificates The bidder is required to upload, along with the bid, all relevant certificates such as BIS licence, type testcertificate, approval certificates and other certificates as prescribed in the Product Specification given inthe bid document. 8. Buyer Added Bid Specific ATC Buyer Added text based ATC clauses QUALITY REQUIREMENTS: ØTESTING & CERTIFICATION (INCLUDING MATERIAL & DIMENSIONAL TEST CERTIFICATES) AS PER ORDERING DRAWING & SPECIFICATION IS REQUIRED. BHEL will reserve the right to inspect/test the material during/after manufacturi ng at suppliers’ works, and/or at BHEL Site. In case of rejection at any stage, Su pplier/Vendor shall be liable to replace the materials at his own cost. Test Certificate & Guarantee/Warranty certificate to be provided alon g with the supply. Non-Disclosure Agreement Unregistered vendors at BHEL Haridwar for this item may avail the soft copies o f relevant specification / drawing by submitting the endorsed copy of attached ‘ Non-Disclosure Agreement’ to either of the following e-mail IDs: 1. Virendra Singh-v_singh@bhel.in 2. Ghulam Shabbir-ghulam.shabbir@bhel.in 5 / 19 TECHNO-COMMERCIALOFFER: Bid should be free from correction, overwriting, using corrective fluid, etc. Any i nterlineation, cutting, erasure or overwriting shall be valid only if they are attest ed under full signature(s) of person(s) signing the bid else bid shall be liable for rejection. In the event of any Technical or Commercial queries, the same may pl ease be addressed to the following BHEL concerned e-mail IDs before Part-I op ening. 1. Virendra Singh-v_singh@bhel.in 2. Ghulam Shabbir-ghulam.shabbir@bhel.in Bidder to submit Techno-Commercial offer along with bid. PRE-QUALIFICATION CRITERIA: Bidder to provide the documents as per attached Pre-qualification conditions/re quirements (PQR). Bidder who fails to qualify Pre-qualification conditions/require ment, their offer will not be considered for technical evaluation and price bid op ening (part -2 of this tender). SCOPE OF SUPPLY & PRICE BASIS : VENDORs TO QUOTE FIX/FIRM RATE ON THE GeM PORTAL WHICH SHOULD BE ON ALL-INCLUSIV E BASIS i.e. INCLUDING APPLICABLE GST/ALL TAXES & DUTIES, LOCAL LEVIES/TRANSPORTATIO N/LOADING-UNLOADING, P&F CHARGES AND NABL CHARGES ETC. UPTO FOR BHEL-HEEP HARI DWAR. TRANSIT INSURANCE: Transit Insurance of material is in Supplier/Vendor’s scope. Supplier/Vendor shall i nsure the material at their cost for transportation. NO PVC (PRICE VARIATION CLAUSE) SHALL BE CONSIDERED FOR THIS GeM ENQUIRY AND SHALL BE P ROCESSED WITH FIX/FIRM RATES i.e. INR/ Pieces. TAXES AND DUTIES: Bidder to inform % of INCLUSIVE GST-________% The admissibility of GST, taxes and duties referred in this chapter or elsewhere i n the contract shall be limited to direct transactions between BHEL & its Supplie r/Vendor. BHEL shall not consider GST on any transaction other than the direct t ransaction between BHEL & its Supplier/Vendor. Supplier/Vendor shall obtain prior written consent of BHEL before billing the amount towards such taxes. W here the GST laws permit more than one option or methodology for discharging the liability of tax/levy/dut y, BHEL shall have the right to adopt the appropriate one considering the amount of tax liability on BHEL/Cl 6 / 19 ient as well as procedural simplicity with regard to assessment of the liability. The option chosen by BHEL shall be binding on the Contractor for discharging the obligation of BHEL in respect of the tax liability to th e Supplier/Vendor. Supplier/Vendor has to submit GST registration certificate of the concerned state. Suppl ier/Vendor also needs to ensure that the submitted GST registration certificate should be in active status d uring the entire contract period. Supplier/Vendor has to issue Invoice/Debit Note/Credit Note indicating HSN/SAC code, Description, Value, Rate, applicable tax and other particulars in complianc e with the provisions of relevant GST Act and Rules made thereunder. Supplier/Vendor has to submit GST compliant invoice within the due da te of invoice as per GST Law. In case of delay, BHEL reserves the right of de nial of GST payment if there occurs any hardship to BHEL in claiming the input t hereof. In case of goods, Supplier/Vendor has to provide scan copy of invoice & GR/LR/RR to BHEL before movement of goods starts to enable BHEL to meet its GST related compliances. Special care should be taken in case of month end tra nsactions. Subject to other provisions of the contract, GST amount claimed in the invoice s hall be released on fulfilment of all the following conditions by the Supplier/Ven dor: -a) Supply of goods and/or services have been received by BHEL. b) Origin al Tax Invoice has been submitted to BHEL. c) Supplier/Vendor has submitted all the documents required for processing of bill as per contract/ purchase order/ w ork order. d) In cases where e-invoicing provision is applicable, Supplier/Vendor is required to submit invoice in compliance with e-invoicing provisions of GST A ct and Rules made thereunder. e) Supplier/Vendor has filed all the relevant GST return (e.g. GSTR-1, GSTR-3B, etc.) pertaining to the invoice submitted and sub mit the proof of such return along with immediate subsequent invoice. In case o f final invoice/ bill, contractor has to submit proof of such return within fifteen d ays from the due date of relevant return. f) Respective invoice has appeared in BHEL’s GSTR -2A for the month corresponding to the month of invoice and in G STR-2B of the month in which such invoices has been reported by the contracto r along with status of ITC availability as “YES” in GSTR-2B. Alternatively, BG of a ppropriate value may be furnished which shall be valid at least one month beyo nd the due date of confirmation of relevant payment of GST on GSTN portal or s ufficient security is available to adjust the financial impact in case of any default by the Supplier/Vendor. g) Supplier/Vendor has to submit an undertaking confir ming the payment of all due GST in respect of invoices pertaining to BHEL. Any financial loss arises to BHEL on account of failure or delay in submission of any document as per contract/purchase order/work order at the time of submiss ion of Tax invoice to BHEL, shall be deducted from Supplier/Vendor’s bill or othe rwise as deemed fit. TDS as applicable under GST law shall be deducted from Supplier/Vendor’s bill. Supplier/Vendor shall comply with the provisions of e-way bill wherever applicable. Further wherever provisions of GST Act permit, all the e-way bills, ro ad permits etc. required for transportation of goods needs to be arranged by th e contractor. Supplier/Vendor shall be solely responsible for discharging his GST liability acco rding to the provisions of GST Law and BHEL will not entertain any claim of GST/i nterest/penalty or any other liability on account of failure of Supplier/Vendor in complying the provisions of GST Law or discharging the GST liability in a manne r laid down thereunder. In case declaration of any invoice is delayed by the vendor in his GST return or any invoice is subsequently amended/altered/deleted on GSTN portal which res 7 / 19 ults in any adverse financial implication on BHEL, the financial impact thereof in cluding interest/penalty shall be recovered from the Supplier/Vendor’s due pay ment. Any denial of input credit to BHEL or arising of any tax liability on BHEL due to n on-compliance of GST Law by the Supplier/Vendor in any manner, will be recove red along with liability on account of interest and penalty (if any) from the paym ents due to the Supplier/Vendor. In the event of any ambiguity in GST law with respect to availability of input cre dit of GST charged on the invoice raised by the contractor or with respect to any other matter having impact on BHEL, BHEL’s decision shall be final and binding on the Supplier/Vendor VARIATION IN TAXES & DUTIES: Any upward variation in GST shall be considered for reimbursement provided su pply of goods and services are made within schedule date stipulated in the cont ract or approved extended schedule for the reason solely attributable to BHEL. However downward variation shall be subject to adjustment as per actual GST a pplicability. In case the Government imposes any new levy/tax on the output se rvice/goods after price bid opening, the same shall be reimbursed by BHEL at a ctual. The reimbursement under this clause is restricted to the direct transactio n between BHEL and its Supplier/Vendor only and within the contractual deliver y period only. In case any new tax/levy/duty etc. becomes applicable after the d ate of Bidder’s offer but before opening of the price Bid, the Bidder/ Supplier/Ve ndor must convey its impact on his price duly substantiated by documentary ev idence in support of the same before opening of price bid. Claim for any such im pact after opening the price bid will not be considered by BHEL for reimbursement of tax or reassessment of offer. Income Tax: TDS/TCS as applicable under Income Tax Act, 1961 or rules madethereunder shall be deducted/collected from Supplier/Vendor’s bill. Delivery period (in weeks) from PO date: ________ Bidders are requested to quote the best delivery meeting the delivery requirem ents. BHEL reserves the right to reject the offers not meeting BHEL's delivery re quirement. PAYMENT TERM: FOR NON MSME Bidders-100% payment shall be released within 90 days fro m the date of acknowledged receipt i.e. material entry date in HEEP, subject to the acceptance of material at HEEP-BHEL stores and submission of billing docu ments. FOR MSE Bidders-100% payment shall be released within 45 days from the d ate of acknowledged receipt i.e. material entry date in HEEP, subject to the acc eptance of material at HEEP-BHEL stores and submission of billing documents. FOR MEDIUM ENTERPRISES Bidders-100% payment shall be released withi n 60 days upon receipt i.e. material entry date in HEEP, subject to the acceptan 8 / 19 ce of material at HEEP-BHEL stores and submission of billing documents. Note: The payment timeline as given in GeM bid standard format shall not be a pplicable MICRO AND SMALL ENTERPRISES (MSE):3 Any Bidder falling under MS E category shall furnish the following details & submit documentary ev idence/ Govt. Certificate etc. in support of the same along with their te chno-commercial offer. Note: If the bidder does not furnish the above, offer shall be processed construing that the bidder is not falling under MSE category. a) MSE s uppliers can avail the intended benefits in respect of the procurement s related to the Goods and Services only (Definition of Goods and Serv ices as enumerated by Govt. of India vide Office Memorandum F. No. 2 1(8)/2011-MA dated 09/11/2016 office of AS & DC, MSME) only if they s ubmit along with the offer, attested copies of either Udyam Registrati on. Date to be reckoned for determining the deemed validity will be th e last date of Technical Bid submission. Non-submission of supporting document in GeM portal will lead to consideration of their bids at par with other bidders. No benefits shall be applicable for this enquiry if th e above required documents are not uploaded at the time of bid submi ssion. Documents submitted by the bidder shall be verified by BHEL for rendering the applicable benefits. BREACH OF CONTRACT, REMEDIES AND TERMINATION: The following shall amount to breach of contract: I. Non-supply of material/ non- completion of work by the Supplier/Vendor within scheduled delivery/ completio n period as per contract or as extended from time to time. II. The Supplier/Vendor fails to perform as per the activity schedule and there ar e sufficient reasons even before expiry of the delivery/ completion period to just ify that supplies shall be inordinately delayed beyond contractual delivery/ com pletion period. III. The Supplier/Vendor delivers equipment/ material not of the contracted quali ty. IV. The Supplier/Vendor fails to replace the defective equipment/ material/ com ponent as per guarantee clause. V. Withdrawal from or abandonment of the wor k by the Supplier/Vendor before completion as per contract. VI. Assignment, transfer, subletting of Contract by the Supplier/Vendor without BHEL’s written permission resulting in termination of Contract or part thereof by BHEL. VII. Non-compliance to any contractual condition or any other default attributabl e to Supplier/Vendor. VIII. Any other reason(s) attributable to Vendor towards fa ilure of performance of contract. In case of breach of contract, BHEL shall have t he right to terminate the Purchase Order/ Contract either in whole or in part the reof without any compensation to the Supplier/Vendor. IX. Any of the declarations furnished by the contractor at the time of bidding an d/ or entering into the contract for supply are found untruthful and such declara tions were of a nature that could have resulted in non-award of contract to the c ontractor or could expose BHEL and/ or Owner to adverse consequences, financi 9 / 19 al or otherwise. X. Supplier/Vendor is convicted of any offence involving corrupt business practi ces, antinational activities or any such offence that compromises the business e thics of BHEL, in violation of the Integrity Pact entered into with BHEL has the potential to harm the overall business of BHEL/ Owner. Note-Once BHEL considers that a breach of contract has occurred on the part of Supplier/Vendor, BHEL shall notify the Supplier/Vendor by way of notice in this r egard. Contractor shall be given an opportunity to rectify the reasons causing th e breach of contract within a period of 14 days. In case the contractor fails to remedy the breach, as mentioned in the notice, tothe satisfaction of BHEL, BHEL shall have the right to take recourse to any of the remedial actions available to it under the relevant provisions of contract. REMEDIES IN CASE OF BREACH OF CONTRACT. i) Wherein the period as stipulated in the notice issued as mentioned above has expired and Supplier/Vendor has failed to remedy the breach, BHEL will have th e right to terminate the contract on the ground of "Breach of Contract" without any further notice to contractor. ii) Upon termination of contract, BHEL shall be entitled to recover an amount eq uivalent to 10% of the Contract Value for the damages on account of breach of contract committed by the Supplier/Vendor. This amount shall be recovered by way of cashing the security instruments like performance bank guarantee etc. a vailable with BHEL against the said contract. In case the value of the security in struments available is less than 10% of the contract value, the balance amount shall be recovered from other financial remedies (i.e. available bills of the Suppl ier/Vendor, retention amount, from the money due to the Supplier/Vendor etc. with BHEL) or the other legal remedies shall be pursued. iii) wherever the value of security instruments like performance bank guarantee available with BHEL against the said contract is 10% of the contract value or mo re, such security instruments to the extent of 10% contract value will be cashed . In case no security instruments are available or the value of the security instru ments available is less than 10% of the contract value, the 10% of the contract value or the balance amount, as the case may be, will be recovered in all or any of the following manners: iv) In case the amount recovered under as mentioned above is not sufficient to fulfil the amount recoverable then; a demand notice to deposit the balance amo unt within 30 days shall be issued to Supplier/Vendor. v) If Supplier/Vendor fails to deposit the balance amount within the period as pr escribed in demand notice, following action shall be taken for recovery of the ba lance amount: a) from dues available in the form of Bills payable to defaulted Supplier/Vendor against the same contract. b) If it is not possible to recover the dues available fr om the same contract or dues are insufficient to meet the recoverable amount, balance amount shall be recovered from any money(s) payable to Supplier/Ven dor under any contract with other Units of BHEL including recovery from securit y deposits or any other deposit available in the form of security instruments of a ny kind against Security deposit or EMD. vi) In-case recoveries are not possible with any of the above available options, L 10 / 19 egal action shall be initiated for recovery against defaulted supplier/Vendor. vii) It is an agreed term of contract that this amount shall be a genuine pre-esti mate of damages that BHEL would incur in completion of balance contractual o bligation of the contract through any other agency and BHEL will not be require d to furnish any other evidence to the Supplier/Vendor for the purpose of estima tion of damages. viii) In addition to the above, imposition of liquidated damages, debarment, ter mination, de-scoping, short-closure, etc., shall be applied as per provisions of th e contract. Note: 1) The defaulting Supplier/Vendor shall not be eligible for participation in any of the future enquiries floated by BHEL to complete the balance work. The d efaulting contractor shall mean and include: (a) In case defaulted Supplier/Vendor is the Sole Proprietorship Firm, any Sole Pr oprietorship Firm owned by same Sole Proprietor. (b) In case defaulted Supplier/Vendor is The Partnership Firm, any firm comprisi ng of same partners/ some of the same partners; or sole proprietorship firm own ed by any partner(s) as a sole proprietor. LDAGAINSTDELAYINEXECUTEDSUPPLYINCASEOFTERMINATIONOFCONTRACT: LD against delay in executed supply shall be calculated in line with LD clause m entioned below, for the delay attributable to Supplier/Vendor. For limiting the m aximum value of LD, contract value shall be taken as Executed Value of supply t ill termination of contract. Method for calculation of “LD against delay in execut ed supply in case of termination of contract” is given below. i. Let the time perio d from scheduled date of start of supply till termination of contract excluding th e period of Hold (if any) not attributable to contractor = T1 ii. Let the value of executed supply till the time of termination of contract= X iii. Let the Total Executable Value of supply for which inputs/fronts were made available to Supplier/Vendor and were planned for execution till termination of c ontract = Y iv. Delay in executed supply attributable to Supplier/Vendor i.e. T2= [1-(X/Y)] x T1 v. LD shall be calculated in line with LD clause of the Contract for the delay attributable to Supplier/Vendor taking “X” as Contract Value and “T2” as period of delay attributable to Supplier/Vendor. LIQUIDATED DAMAGE: Liquidated Damages, wherever referred under this Tender/Agreement, shall mean and refer to the damages, not in the nature of penalty, which the contractor agrees to pay in the event of delay in delivery of supplies, breach of contract et c. as the case may be. Liquidated Damages leviable upon the Supplier/Vendor is a sum which is agreed by the parties as a reasonable and genuine pre-estima te of damages which will be suffered by BHEL on account of delay/breach on the part of the Supplier/Vendor. If the Seller/Service Provider fails to deliver any or all of the Goods/Services with 11 / 19 in the original/re-fixed delivery period(s) specified in the contract/PO, the Buyer/ BHEL will be entitled to deduct/recover the Liquidated Damages for the delay, u nless covered under Force Majeure conditions aforesaid, @ 0.5% of the contract value of delayed quantity per week or part of the week of delayed period as pre -estimated damages not exceeding 10% of the contract value of delayed quanti ty without any controversy/dispute of any sort whatsoever. ACTION AGAINST BIDDERS / VENDOR / SUPPLIER / CONTRACTOR IN CASE OF DEFAULT: In order to protect the commercial interests of BHEL, BHEL shall act against supplies / contractors by way of suspension of business dealings, who either fail to perform or are in default without any reasonable cause, cause loss of busines s/ money/ reputation, indulge in malpractices, cheating, bribery, fraud or any ot her misconduct or formation of cartels so as to influence the bidding process or influence the price etc. ONSUBMISSIONOFBIDSFROMIDENTICALIPADDRESSESINGEMTENDERS In cases where the Technical Bid and/or Financial Bid, IP address of one bidder i s found to be the same as the Technical Bid IP address of other bidders, all such bidders shall be disqualified from the tender process the bids received from same IP address shall be outrightly rejected an d shall not be considered for further evaluation. SUSPENSION OF BUSINESS DEALINGS WITH SUPPLIERS / CONTRACTORS: The offers of the bidders who are under suspension as also the offers of the bidders, who engage the servic es of the banned firms / principal / agents, shall be rejected. The list of banned firms is available on BHEL web site www.bhel.com. If any bidder / supplier / contractor during pre-tendering / tendering / post tenderi ng / award / execution / post-execution stage indulges in any act, including but not limited to, malpractice s, cheating, bribery, fraud or and other misconduct or formation of cartel so as to influence the bidding pro cess or influence the price or tampers the tendering process or acts or omits in any manner which tantam ount to an offence punishable under any provision of the Indian Penal Code, 1860( Bhartiya Nyaya Samhit a 2023) or any other law in force in India, or does anything which is actionable under the Guidelines for Su spension of Business dealings, action may be taken against such bidder / supplier / contractor as per exta nt guidelines of the company available on www.bhel.com and / or under applicable legal provisions. Guideli nes for suspension of business dealings is available in the webpage: http://www.bhel.com/vender_registration/vender.php. TREATMENT OF CASES REGARDING CONFLICT OF INTEREST: The bidder notes that a conflict of interest would said to have occurred in the t ender process and execution of the resultant contract, in case of any of the foll owing situations: If its personnel have a close personal, financial, or business relationship with a ny personnel of BHEL who are directly or indirectly related to the procurement or execution process of the contract, which can affect the decision of BHEL dir 12 / 19 ectly or indirectly; The bidder (or his allied firm) provided services for the need assessment/ procurement planning of the Tender process in which it is participating; Procurement of goods directly from the manufacturers/ suppliers shall be prefe rred. However, if the OEM/ Principal insists on engaging the services of an age nt, such agent shall not be allowed to represent more than one manufacturer/ supplier in the same tender. Moreover, either the agent could bid on behalf of t he manufacturer/ supplier or the manufacturer/ supplier could bid directly but not both. In case bids are received from both the manufacturer/ supplier and t he agent, bid received from the agent shall be ignored. However, this shall not debar more than one Authorized distributor (with/ or without the OEM) from qu oting equipment manufactured by an Original Equipment Manufacturer (OEM) in procurements under a Proprietary Article Certificate. A bidder participates in more than one bid in this tender process. Participation in any capacity by a Bidder (including the participation of a Bidder as a partner / JV member or sub-contractor in another bid or vice-versa) in more than one bid shall result in the disqualification of all bids in which he is a party. However , this does not limit the participation of an entity as a sub-contractor in more th an one bid if he is not bidding independently in his own name or as a member of a JV. The Bidder declares that they have read and understood the above aspects, a nd the bidder confirms that such conflict of interest does not exist and underta kes that they will not enter into any illegal or undisclosed agreement or unders tanding, whether formal or informal with other Bidder{s), in this regard. This a pplies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competiti veness or to introduce cartelization in the bidding process. In case, the Bidder i s found having indulged in above activities, the same will be considered as a vi olation of the tender conditions, and suitable action shall be taken by BHEL as per extant policies/ guidelines. COMPLIANCE TO RESTRICTIONS UNDER RULE 144 (XI) OF GFR 2017: I. 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. The Competent Authority for the purpose of this Clause shall be the Registration Committee constituted by the Department for Promotion of Industry and Internal Trade (DPIIT). II. “Bidder” (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain contexts) means any person or firm or company, including any member of a consortium or joint venture (t hat is an association of several persons, or firms or companies), every artificial juridical person not falling in any of the descriptions of bidders stated hereinbefore, including any agency branch or office controlled by such person, participating in a procurement process. III. “Bidder from a country which shares a land bord er with India” for the purpose of this Clause means: -a. An entity incorporated established or registered in such a country; or b. A subsidiary of an entity incorporated established or registered in such a country; or c. An entity substantially controlled through entities incorporated, established or registered in such a coun try; or d. An entity whose beneficial owner is situated in such a country; or e. An Indian (or other) agent of such an entity; or f. A natural person who is a citizen of such a country; or g. A consortium or joint venture where any member of the consortium or joint venture falls under any of the above. IV. The beneficial owner for the purpose of (III) above will be as under: 1. In case of a company or Limited Liability Partnership, the beneficial owner is the natural person(s), who, whether acting alone or together or through one or more jur idical person, has a controlling ownership interest or who exercises control through other means. Explanat ion a. “Controlling ownership interest” means ownership of or entitlement to more than twenty-five per ce nt of shares or capital or profits of the company. b. “Control” shall include the right to appoint majority of t he directors or to control the management or policy decisions including by virtue of their shareholding or management rights or shareholders agreements or voting agreements. 2. In case of a partnership firm, the beneficial owner is the natural person(s) who, whether acting alone or together, or through one or more jur idical person, has ownership of entitlement to more than fifteen percent of capital or profits of the partner 13 / 19 ship. 3. In case of an unincorporated association or body of individuals, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person has ownership of or entitlement to more than fifteen percent of the property or capital or profits of the such association or b ody of individuals. 4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial own er is the relevant natural person who holds the position of senior managing official; 5. In case of a trust, th e identification of beneficial owner(s) shall include identification of the author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the trust and any other natural person exercising ulti mate effective control over the trust through a chain of control or ownership. V. An Agent is a person empl oyed to do any act for another, or to represent another in dealings with third person. Note: (i) The bidder s hall provide undertaking for their compliance to this Clause, in the format provided (as attached). (ii)Regis tration of the bidder with Competent Authority should be valid at the time of submission of bids and at the time of acceptance of the bids. SETTLEMENT OF DISPUTE: If any dispute or difference of any kind whatsoever shall arise between BHEL and the Supplier/Vendor, arising out of the contract for the performance of the work whether during the progress of contract terminatio n, abandonment or breach of the contract, it shall in the first place referred to Designated Engineer for ami cable resolution by the parties. Designated Engineer (to be nominated by BHEL for settlement of disputes arising out of the contract) who within 60 days after being requested shall give written notice of his decisio n to the contractor. Save as hereinafter provided, such decision in respect of every matter so referred shal l forthwith be given effect to by the Supplier/Vendor who shall proceed with the work with all due diligence , whether he or BHEL desires to resolve the dispute as hereinafter provided or not. If after the Designated Engineer has given written notice of this decision to the party and no intention to pursue the dispute has b een communicated to him by the affected party within 30 days from the receipt of such notice, the said de cision shall become final and binding on the parties. In the event the Supplier/Vendor being dissatisfied wit h any such decision or if amicable settlement cannot be reached then all such disputed issues shall be res olved through conciliation in terms of the BHEL Conciliation Scheme 2018. CONCILIATION: Any dispute, difference or controversy of whatever nature howsoever arising under or out of or in relation t o this Agreement (including its interpretation) between the Parties, and so notified in writing by either Part y to the other Party (the “Dispute”) shall, in the first instance, be attempted to be resolved amicably in acc ordance with the conciliation procedure as per BHEL Conciliation Scheme 2018. The proceedings of Concili ation shall broadly be governed by Part III of the Arbitration and Conciliation Act 1996 or any statutory mod ification thereof and provided in -“Procedure for conduct of conciliation proceedings” (as available in www .bhel.com)). Note: Ministry of Finance has issued OM reference No. 1/2/24 dated 03.06.2024 regarding “Guidelines for A rbitration and Mediation in Contracts of Domestic Public Procurement. In the said OM it has been recomme nded that Government departments/ Entities/agencies are to encourage mediation under the Mediation Ac t. 2023. The said Act has not yet been notified by the Government. Therefore, the clause “Settlement of Di sputes” shall be modified accordingly as and when the Mediation Act 2023 gets notified. ARBITRATION: Except as provided elsewhere in this Contract, in case Parties are unable to reach amicable settlement (w hether by Conciliation to be conducted as provided herein above or otherwise) in respect of any dispute or difference; arising out of the formation, breach, termination, validity or execution of the Contract; or, the r espective rights and liabilities of the Parties; or, in relation to interpretation of any provision of the Contrac t; or. in any manner touching upon the Contract (hereinafter referred to as the ‘Dispute’), then, either Part y may, refer the disputes to Arbitral Institution (e.g. “DIAC” (Delhi International Arbitration Centre) (id entified by the contract issuing agency-HEEP-BHEL Haridwar) and such dispute to be adjudicated by Sole Arbitrator appointed in accordance with the Rules of said Arbitral Institution. A party willing to commence a rbitration proceeding shall invoke Arbitration Clause by giving notice to the other party in terms of section 14 / 19 21 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the ‘Notice’) before referring the m atter to arbitral institution. The Notice shall be addressed to the Head of the Region, Unit, BHEL, executing the Contract and shall contain the particulars of all claims to be referred to arbitration with sufficient detail and shall also indicate the monetary amount of such claim including interest, if any. After expiry of 30 day s from the date of receipt of aforesaid notice, the party invoking the Arbitration shall submit that dispute t o the Arbitral Institutions (Delhi International Arbitration Centre) (by the contract issuing agency) and that dispute shall be adjudicated in accordance with their respective Arbitration Rules. The matter shall be adjudicated by a Sole Arbitrator who shall necessarily be a Retd Judge having considerable experience in c ommercial matters to be appointed/nominated by the respective institution. The cost/expenses pertaining to the said Arbitration shall also be governed in accordance with the Rules of the respective Arbitral Institu tion. The decision of the party invoking the Arbitration for reference of dispute to a specific Arbitral instituti on for adjudication of that dispute shall be final and binding on both the parties and shall not be subject to any change thereafter. The institution once selected at the time of invocation of dispute shall remain unch anged. The fee and expenses shall be borne by the parties as per the Arbitral Institutional rules. The Arbitration pr oceedings shall be in English language and the seat and venue of Arbitration shall be (identified by the con tract issuing agency)-HEEP-BHEL Haridwar. Subject to the above, the provisions of Arbitration & Conciliati on Act 1996 and any amendment thereof shall be applicable. All matters relating to this Contract and arisi ng out of invocation of Arbitration clause are subject to the exclusive jurisdiction of the Court(s) situated at HEEP-BHEL Haridwar. Notwithstanding any reference to the Designated Engineer or Conciliation or Arbitra tion herein, a. the parties shall continue to perform their respective obligations under the Contract unless t hey otherwise agree. Settlement of Dispute clause cannot be invoked by the Contractor, if the Contract ha s been mutually closed or ‘No Demand Certificate’ has been furnished by the Contractor or any Settlement Agreement has been signed between the Employer and the Contractor. It is agreed that Mechanism of resolution of disputes through arbitration shall be available only in the cases where the value of the disput e is less than Rs. 10 Crores. In case the disputed amount (Claim, Counter claim including. interest is Rs. 10 crores and above, the parties shall be within their rights to take recourse to remedies other than Arbitratio n, as may be available to them under the applicable laws after prior intimation to the other party. Subject t o the aforesaid conditions, provisions of the Arbitration and Conciliation Act, 1996 and any statutory modifications or re-enactment thereof as amended from time to time, shall apply to the arbitration proceedings under this clause. In case, multiple arbitrations are invoked (whether sub-judice or arbitral award passed) b y any party to under this contract, then the cumulative value of claims (including interest claimed or award ed) in all such arbitrations shall be taken in account while arriving at the total claim in dispute for the subj ect contract for the purpose. Disputes having cumulative value of less than 10 crores shall be resolved thr ough arbitration and any additional dispute shall be adjudicated by the court of competent jurisdiction. JURISDICTION: Subject to as mentioned above of this bid / contract, the Civil Court having original Civil Jurisdiction shall al one have exclusive jurisdiction in regard to all matters in respect of the Contract. GOVERNING LAWS: The bid / contract shall be governed by the Law for the time being in force in the Re public of India. FORCE MAJEURE: "Force Majeure" shall mean circumstance which is: a) beyond control of either of the parties to contract, b) either of the parties could not reasonably have provided against the event before entering into the contrac t, c) having arisen, either of the parties could not reasonably have avoided or overcome, and d) is not subst antially attributable to either of the parties And Prevents the performance of the contract, Such circumstan ces include but shall not be limited to: i. War, hostilities, invasion, act of foreign enemies. ii. Rebellion, terr orism, revolution, insurrection, military or usurped power, or civil war. iii. Riot, commotion or disorder by p ersons other than the contractor’s personnel and other employees of the contractor and sub-contractors. i v. Strike or lockout not solely involving the contractor’s personnel and other employees of the contractor a nd sub-contractors. v. Encountering munitions of war, explosive materials, ionizing radiation or contaminat ion by radio-activity, except as may be attributable to the contractor’s use of such munitions, explosives, r adiation or radio-activity. vi. Natural catastrophes such as earthquake, tsunami, volcanic activity, hurrican e or typhoon, flood, fire, cyclones etc. vii. Epidemic, pandemic etc. 15 / 19 The following events are explicitly excluded from Force Majeure and are solely the responsibilities of the n on-performing party: a) any strike, work-to-rule action, go-slow or similar labor difficulty (b) late delivery of equipment or material (unless caused by Force Majeure event) and (c) economic hardship. If either party is prevented, hindered or delayed from or in performing any of its obligations under the Cont ract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event a nd the circumstances thereof within 15 (fifteen) days after the occurrence of such event. The party who ha s given such notice shall be excused from the performance or punctual performance of its obligations und er the Contract for so long as the relevant event of Force Majeure continues and to the extent that such party's performance is prevented, hindered or delayed. The Time for Completion shall be extended by a perio d of time equal to period of delay caused due to such Force Majeure event. Delay or non-performance by e ither party hereto caused by the occurrence of any event of Force Majeure shall not v) Constitute a default or breach of the Contract. vi) Give rise to any claim for damages or additional cost expense occasioned the reby, if and to the extent that such delay or non-performance is caused by the occurrence of an event of F orce Majeure. BHEL at its discretion may consider short closure of contract after 1 year of imposition of Fo rce Majeure in line with extant guidelines. In any case, Supplier/Vendor cannot consider deemed short-clos ure after 1 year of imposition of Force Majeure. CARTEL FORMATION: The Bidder declares that they will not enter into any illegal or undisclosed agreement or understanding, w hether formal or informal with other Bidder(s). This applies in particular to prices, specifications, certificati ons, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiv eness or to introduce cartelization in the bidding process. In case, the Bidder is found having indulged in a bove activities, suitable action shall be taken by BHEL as per extant policies/ guidelines. FRAUD PREVENTION POLICY: Bidder along with its associate /collaborators /sub-contractors /sub-vendors / consultants / service provider s shall strictly adhere to BHEL Fraud Prevention Policy displayed on BHEL website http://www.bhel.com andshall immediately bring to the notice of BHEL Management about any fraud or suspected fraud as soon as it comes to their notice. In the event of any ambiguity or conflict between the Tender Documents, the order of precedence shall be in the order below: a. Amendments/Clarifications/Corrigenda/Errata etc. issued in respect of the tender documents by BHEL. b. Buyer Added Bid Specific ATC c. GeM Bid Technical Conditions of Bid/Contract (TCC) d. GeM GTC BHEL SUVIDHA PORTAL “For supply orders placed on Indian Suppliers: Irrespective of the valu e of the invoice amount, the bidder / vendor should necessarily upload the dispatch & invoice details on BHEL SUVIDHA portal at https://suvid ha.bhel.in/suvidha/, prior to dispatch. All documents as per PO checklist, along with additional documents (if any), must be uploaded on the portal. It is mandatory that tax invoices with a net amount (incl uding taxes) exceeding Rs five lakhs uploaded on the portal are digitally signed using a Class 3 Digital Signature Certificate (DSC) issu ed by a licensed Certifying Authority. Submission of invoice document in hard copy is allowed for invoices with a net amount (including taxes ) equal to and up to Rs five lakhs, in case they were not digitally signe d and uploaded on the portal. 16 / 19 The material will not be accepted inside BHEL in absence of the above ” Grievance Redressal Mechanism To promote transparency and ensure fair treatment of all bidders, a structured Grievance Redressal Mechanism is in place to address any concerns or issues ar ising during the tendering process or in subsequent business dealings with the company. Suppliers/Contractors are requested to follow the below escalation process for g rievance resolution: 1. First Level: Any grievance should initially be addressed to the designated Dealing Officer, whose contact details are provided in the Notice Inviting Tend er (NIT)/Contract. 2. Second Level: If the issue remains unresolved, it may be escalated by lodging a formal grievance through the SUVIDHA Portal: https://suvidha.bhel.in/suvidha/. R esponses will be provided in accordance with the defined escalation matrix . NOTE: 1. In the event of our customer order covering this tender being cancelled /placed on hold /otherwi se modified, BHEL would be constrained to accordingly cancel / hold / modify the tender at any stage of ex ecution. 2. BHEL may negotiate the L1 rate, if not meeting our budget / estimated cost. BHEL may re-float t he tender opened, if L1 price is not acceptable to BHEL even after negotiation. Any deviation from the con ditions specified in TECHNO-COMMERCIAL TERMS AND CONDITIONS, will lead to rejection of offer. 3. Any c hange in applicable rates of Tax or any other statutory levies (Direct / Indirect) or any new introduction of any levy by means of statute and its corresponding liability for the deliveries beyond the agreed delivery d ate for reasons not attributable to BHEL will be to vendors account. BHEL will not reimburse the same and any subsequent claim in this respect will be summarily rejected. 4. BHEL reserves its right to reject an offe r due to unsatisfactory past performance by the respective Vendor in the execution of any contract to anyBHEL project / Unit. 5. The offers of the bidders who are under suspension and also the offers of the bidder s, who engage the services of the banned firms /principal/agents, shall be rejected. The list of banned firm s is available on BHEL web site www.bhel.com. 6. Recovery / deduction as applicable as per Direct and Indi rect taxes as notified by Govt. Of India from time to time will be made and information/certificate for such deduction/recoveries shall be provided by BHEL to the vendor. Note THE TENDER ENQUIRY HAS BEEN ISSUED ON GEM & BHEL PORTALS FOR WIDER CIRCULATION. HOWEVER, THE OFFER IS TO BE SUBMITTED THROUGH GEM PORTAL ONLY. ALSO, ALL FUTURE CORRIGENDUM/CORRIGENDA, ADDENDUM/ADDENDA, AMENDMENTS, TIME EXTENSIONS, CLARI FICATIONS ETC, AGAINST THE PUBLISHED GEM BID SHALL BE ISSUED ON GEM PORTAL ONLY FOR LATEST UPDATES / AMENDMENTS / COMMUNICATIONS ISSUED BY BHEL AGAINST THE CURRENT TENDER. . अ􀀦वीकरण/Disclaimer The additional terms and conditions have been incorporated by the Buyer after approval of the Competent 17 / 19 Authority in Buyer Organization, whereby Buyer organization is solely responsible for the impact of these clauseson the bidding process, its outcome, and consequences thereof including any eccentricity / restriction arising inthe bidding process due to these ATCs and due to modification of technical specifications and / or terms andconditions 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 Memorandumissued 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 withoutspecifying 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. 15. Buyer added ATC Clauses which are in contravention of clauses defined by buyer in system generated bid template as indicated above in the Bid Details section, EMD Detail, ePBG Detail and MII and MSE PurchasePreference sections of the bid, unless otherwise allowed by GeM GTC. 16. In a category based bid, adding additional items, through buyer added additional scope of work/ additionalterms and conditions/or any other document. If buyer needs more items along with the main item, thesame must be added through bunching category based items or by bunching custom catalogs or bunching a BoQ with the main category based item, the same must not be done through ATC or Scope of Work. Further, if any seller has any objection/grievance against these additional clauses or otherwise on any aspect ofthis bid, they can raise their representation against the same by using the Representation window provided inthe bid details field in Seller dashboard after logging in as a seller within 4 days of bid publication on GeM. Buyeris duty bound to reply to all such representations and would not be allowed to open bids if he fails to reply tosuch representations. All GeM Sellers/Service Providers shall ensure full compliance with all applicable labour laws, including the provisions, rules, schemes and guidelines under the four Labour Codes i.e. the Code on Wages, 2019; the Industrial Relations Code, 2020; the Occupational Safety, Health and Working Conditions Code, 2020; and the Code on Social Security, 2020 as and when notified and brought into force by the Government of India. For all provisions of the Labour Codes that are pending operationalisation through rules, schemes or notifications, the corresponding provisions of the pre-existing labour enactments (such as The Minimum Wages Act, 1948, The Payment of Wages Act, 1936, The Payment of Bonus Act, 1965, The Equal Remuneration Act, 1976, The Payment of Gratuity Act, 1972, etc. and relevant State Rules) shall continue to remain applicable. The Seller/ Service Providers shall, therefore, be responsible for ensuring compliance under: All notified and enforceable provisions of the new Labour Codes as mentioned hereinabove; and 18 / 19 All operative provisions of the erstwhile Labour Laws until their complete substitution. All obligations relating to wages, social security, safety, working conditions, industrial relations etc. and any other statutory requirements shall be strictly met by the Seller/ Service Provider. Any noncompliance shall constitute a breach of the contract and shall entitle the Buyer to take appropriate action in accordance with the contract and applicable law. यह􀀁बडसामा􀁨यशत8 े अं % ी ै क तगत भ शािसत ह /This Bid is also governed by the General Terms and Conditions जे सामा􀁨य शत8 े खं े सं % म) भारत क साथ भू ीमा साझा करने वाले े े 􀀁बडर से खर􀀓द पर 􀀵ितबं े संबध म􀀩 मक कड26 कदभ े िम स दशक धक ं भारत के साथ भू ीमा साझा करने वाले ेश का कोई भी 􀀁बडर इस िन􀀁वदा म) ेने े िलए तभी पा होगा जब वह 􀀁बड देने वाला िम स द 􀀁बड दक स􀁘म 􀀵ािधकार के पास पंजीकत हो।􀀁बड म) भाग लेते समय 􀀁बडर को इसका अनु ा होगा और कोई भी गलत घोषणा 􀁃कए जाने ृ पालन करन व इसका अनु े पर अनु ं ो त􀁪काल समाk करने और कानू े अनु े क काननी कार􀀥वाई का आधार होगा।/In terms पालन नकरन बधक नक सारआग ू 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. ---ध􀁨यवाद/Thank You-- 19 / 19