Académique Documents
Professionnel Documents
Culture Documents
CHAPTER TITLE
NO.
1. GeM Portal :
3. Offer(s) by Seller(s):
The same can be modified at any point of time until it has been
accepted by the Purchaser/Buyer by awarding the Contract. How-
ever, if the offer including prices is selected by the Purchas-
er/Buyer at any point of time, the same shall be valid for award
of Contract by the Purchaser/Buyer within five (05) days of such
selection duly notified in the system, regardless of further in-
crease in the prices by the Seller. After five days, such selection
would no longer be available for acceptance or award of Con-
tract. Purchaser is required to obtain necessary sanction and ap-
proval of competent authorities within these five days before
award of Contract.
4. Contract(s):
5. Prices:
The prices shall be firm and fixed at any point of time and shall
be indicated in INR for each accounting unit on all inclusive ba-
sis, both in numerical digits as well as words in the offer (s) as
well as Contract(s). In case of any difference between the two,
entries in the words will prevail. The offered prices in the GeM
shall in no case exceed than its MRP and/or those offered else-
where including any e-commerce sites for that point of time. In
case lower prices are found / discovered at any stage, the dif-
ference shall be recovered from the Seller by the Purchase/Buyer
in addition to their removal / debarring from the GeM by DGS&D.
(a) Prices shall be all inclusive basis i.e. including excise duty tak-
ing into account the MODVAT benefits if any, sales tax
(ST/CST/VAT/), Service Tax, Customs duty, Entry Tax etc. indi-
cating its applicable rate(s). Statutory variation, if any, shall
be applicable during the original / re-fixed delivery period spe-
cified in the Contract(s).
(b) The Bill Form shall be on-line provided to the seller by the
Purchaser which may inter alia include the following confirma-
tions from the Seller:
(i) Regarding Excise Duty: Seller while submitting the Bills, will
also furnish the Certificates on the Bill itself stating that i)
Certified that the Excise Duty charged on this Bill is not
more than what is payable under the provision of the rele-
vant Act or the Rules made there under; ii) Certified that
the amount of Rs……………claimed as Excise Duty in this bill
is in accordance with the provisions of the Rules in all re-
spects and that the same has been paid to the Excise Au-
thorities in respect of the Stores covered by this Bill; iii)
Certificate with each Bill to the effect that no refund has
been obtained in respect of reimbursement of Excise Duty
made to the Seller during three(3) months immediately pre-
ceding the date covered by the relevant Bill; iv) Seller’s Sta-
tutory Auditor’s Certificate as to whether any refunds have
been obtained or applied for by the Firm or not in the pre-
ceding financial year, after the Annual Audit of their Ac-
counts also indicating details of such refunds/application, if
any; v) A Certificate along with the Final payment Bills to
the effect whether or not they have any pending ap-
peals/protest for refund or partial refund of Excise Duties
already reimbursed to the Seller by the Government pending
with the Excise Authorities and, if so, the nature of the
amount involved and the position of such appeals; vi) An
undertaking to the effect that in case it is detected by the
Government that any refund from Excise Duty Authorities
obtained by the Contractor after obtaining reimbursement
from the Paying Authority and if the same is not refunded
by the Seller to the Paying Authority, giving details and par-
ticulars of transactions, the Paying Authority will have full
authority to recover such amount from the Seller’s outstand-
ing bills against a particular contract or any other pending
Government Contract and no dispute on this account would
be raised by the Seller.
(c) Octroi Duty and/or other local taxes: The Seller shall have
discretion to offer Goods/Services for the select consignee lo-
cations in the country and they are expected to account for
all local taxes (such as levy of town duty, Octroi Duty, Ter-
minal Tax and other levies of local bodies etc.) also while
quoting the price for the listed Goods/Services.
(iv) There in no prima facie case that they have been in-
volved of guilty of an offence involving moral turpitude;
11. Guarantee/Warranty :
a) For Goods :
b) For Services:
b) For other cases, provided the price trend is not lower, the
Delivery Period may be suitably extended for which an
amount equal to the Liquidated Damages for the extended
period(s) for delay in the supply of the Goods/Services after
the expiry of Contract delivery/re-fixed period, shall be re-
covered from the Seller as mentioned hereinafter for the ex-
tended period. No increase in price on account of any oth-
er ground including market rate, statutory increase in or
fresh imposition of Customs Duty, Excise Duty, Sales
Tax/VAT which takes place after the original/re-fixed deli-
very date shall be admissible during such extended pe-
riod(s), though reduction if any of these accounts shall be
payable to the Purchaser.
If the Seller does not perform their obligations under the Con-
tract within the Delivery Period/Date stipulated in the Contract,
the same would constitute the breach of the Contract and the
Purchaser shall have the right to Cancel/withdraw the Contract
for the unsupplied portion after the expiry of the original/re-fixed
delivery date/period stipulated in the Contract. Such cancellation
on account of non performance by the Seller would entitle the
Purchaser to forfeit the Performance Security Bank Guarantee in
whole or in part, if applicable, apart from their downgraded rat-
ings or debarment from the GeM.
Undertaking/Certificate
Product Name:
Brand:
Model:
10. Taxes and Duties: Statutory variation in taxes and duties, if any,
shall be to purchasers account during the original / re-fixed delivery
period specified in the Contract(s).
11. Octroi Duty and/or other local taxes: Normally the stores sup-
plied to Government Departments against Government Contracts are
exempted from levy of town duty, Octroi Duty, Terminal Tax and other
levies of local bodies against production of Exemption Certificate from
authorised officers. Such exemption certificates shall be provided by
the Purchaser along with the Contract failing which such exemptions
will not be applicable.
13. Liquidated Damages: If the Seller fails to deliver any or all of the
Goods/Services within the original/re-fixed Delivery/Time period(s) spe-
cified in the Contract, the Purchaser will be entitled to deduct/recover
the Liquidated Damages for the delay, (unless covered under Force
Majeure conditions prescribed on GeM), @ 0.5% per week or part of
the week of delayed period as pre-estimated damages not exceeding
5% of the contract value without any controversy/dispute of any sort
whatsoever.
I certify that:
(a) We are a …………………. (to be auto filled by system based on pur-
chaser credentials - Central Government Department / State Govt De-
partment / Central PSU / State PSU / Autonomous institution).
(b) The expenditure involved for this purpose has received the sanction
of the competent financial authority.
(c) The funds are available under the proper head in the sanction
budget allotment for the concerned financial year.
(d) I have been fully authorized by the Department to sign the supply
order and incur the liability of the Goods being ordered.
Signature
Designation
Copy to (System Generated):
1. Indenting Officer
2. Consignee
3. Paying Authority
4. Inspection Officer (if applicable)
CHAPTER – 5
4. The bids under e-Bidding of GeM shall be invited with bid validity
period of 15 days from the date of bid opening which may be further
extended by 15 days by mutual consent of Seller/Buyer, if required.
8. The payment terms will be as per the General Terms and Condi-
tions for sale/purchase of the item category in GeM.
11. The participating bidders shall not disclose details of their bids
or other details of their e-bids to other bidders or indulge in any anti-
competitive behaviour including price manipulation in violation of Com-
petition Act, 2002.
Undertaking/Certificate
On behalf of the bidder as duly constituted and authorised authority, I
confirm to have carefully read all the aforesaid terms and conditions
of e-bidding and unconditionally accept the same.
2. Based upon the above search, GeM platform will indicate L-1 price
which is taken as reference price for reverse auction (RA)
Special Terms and Conditions for Reverse Auction on GeM under Pilot
phase
3. For conducting RA, the Buyer shall shortlist items and their Sel-
lers, after making search using details such as technical parame-
ters, warranty period, consignee location(s) etc. among the items
listed on GeM. Based upon the search, the technical parameters
and warranty of the lowest priced item identified by the individual
Buyer shall be base parameters (technical parameters and war-
ranty requirements) of the item for which RA is to be conducted.
The price of the shortlisted item (with lowest price) will be noti-
fied as start/reference price for conducting the RA.
4. RA will be conducted by the Buyer on GeM stipulating the re-
quirements such as Quantity, distribution of quantity among the
consignee locations, Delivery period, Quantum of EMD (to be giv-
en by bidder under RA), Performance Bank Guarantee required
from successful bidder under RA (quantum and validity),
Time/date and duration of RA (giving at least 7 days from the
date of publication of RA notice on GeM site**), step value for
decrement over the reference price/bid price during RA period
and validity period for the bids given on RA. The reverse auction
will be conducted at GeM on scheduled date and time by the
Buyer. However, EMD shall not be demanded during pilot phase.
6. After publication of RA notice, the vendors who are not yet em-
panelled/existing Seller on GeM shall also have opportunity to
enlist their products on GeM, meeting the base parameters and
consignee location(s) given in RA. Such Sellers shall be automati-
cally invited by GeM to participate in the RA, subject to the en-
listment of the products not later than 48 hours prior to, the ap-
pointed date and time for start of RA. The decision of the Pur-
chaser/GeM regarding technical/commercial acceptability of the
individual Seller to be invited for RA shall be final. The identity of
Seller(s) participating in RA shall be masked with dummy identity
during the RA session.
7. Upon being notified/ invited for RA, the Seller shall have discre-
tion to participate in the same. For participation in RA, the Seller
shall furnish the stipulated EMD, offer one of these shortlisted
model(s) and quote one package price (all inclusive basis) for the
total quantity required i.e. the quoted package price shall be in-
clusive of all taxes and duties such as excise duty, custom duty,
sales tax/VAT, service tax, local taxes, octroi/ entry tax including
loading/unloading etc. at consignee location for the stipulated
terms of delivery as free delivery to consignee’s end/site.
11. Visibility To Bidder during RA: The Bidder shall be able to view
the following on his screen along with the necessary fields during
RA:
- Leading Bid in the Auction
- Bid Placed by him
- His Own Rank
- Start Price & Bid Decrement Value
12. The bidder in the RA, which quotes the lowest package price (all
inclusive) by the end of RA session shall be construed by GeM
as the winner bidder/successful bidder for the Reverse Auction.
However, the purchaser reserves the right to accept/reject any
bid received through RA without assigning any reasons.
13. The bid submitted under RA shall remain valid for 15 days from
the RA date (till 24.00 Hrs IST) which can be further extended for
15 days with mutual consent, for acceptance by the Buyer.
15. GeM/Purchaser shall not have any liability to bidders for any in-
terruption or delay in access to the GeM site
(gem.gov.in)/Reverse Auction link etc, irrespective of the cause.
Undertaking/Certificate
For and on behalf of the bidder as duly constituted and authorised authori-
ty, I confirm to have carefully read all the aforesaid terms and conditions of re-
verse auction and unconditionally accept the same.