Required1.GST
RequiredPAN DETAILS 2. ADDRESS DETAILS 3.CONTACT DETAILS 4. CANCELLED CHEQUE 5.ANY OTHER DOC RELETED TO BID AND MATERIAL . Disclaimer The Additional Terms and Conditions (ATC) have been incorporated by the Buyer after approval of their Competent Authority. The Buyer
Requiredis solely responsible for the impact of these clauses on the bidding process
Requiredits outcome
Requiredand consequences thereof including any restriction arising in the bidding process due to these ATCs and including the modification of technical specifications and/or terms and conditions governing the bid.All representations/grievances pertaining to the ATC clauses shall be raised with the buyer organization directly and not with GeM.If any of the clause(s) is/are incorporated by the Buyer regarding the following
Requiredthe bid & resultant contract shall be treated as null & void. Further
RequiredGeM reserves the right
Requiredat its sole discretion
Requiredto cancel the bid forthwith
Requiredwithout issuance of any prior notice or intimation :- 1 . Publishing Custom/BOQ bids for items for which regular GeM categories are available (unless such Custom/BOQ item is bunched with the major regular product Category Item). 2 . Mandating procurement of/from specific Brand/Make/Model/Manufacturer/Dealer except in case of Single Bid/Proprietary Article Certificate (PAC) Buying. 3 . Inclusion of disqualification criteria related to suspension of seller/service provider
Requiredwhere such suspension period has already expired. 4 . Mandating submission of documents in physical form as a pre-requisite to qualify bidders. 5 . Publishing bids on GeM for procurement of works. 6 . Procurement of Goods by creating a Service bid on GeM & vice-versa. 7 . Seeking sample with bid or approval of samples during bid evaluation process. However
Requiredtrial/sample
Requiredas the case may be
Requiredshall be permitted in cases where trial/sample are allowed as per approved and published procurement policy of the Buyers’ controlling Ministry/Department/State/Public Sector Enterprises Headquarters. If there is any violation of trial/sample clause with regard to approved policy of the Buyers’ Ministry/Department/State/Public Sector Enterprises Headquarters
Requiredthen this is to be determined and redressed by the concerned Buyer Organisation only. 8 . Seeking experience from specific organization/department/institute only or from foreign/export experience. 9 . Creating bid for items from incorrect categories. 10 . Reference of conditions published on any external site or reference to external documents/clauses. 11 . Asking for any Tender fee/Bid Participation fee
Requiredas the case may be. 12 . Buyer added ATC Clauses which are in contravention of clauses defined in bid detail section
Requiredincluding 4/5 specifications
RequiredEMD Detail
RequiredePBG Detail and MII and MSE Purchase Preference sections of the bid
Requiredunless otherwise allowed by the applicable GeM GTC. 13 . Any ATC clause in contravention with GeM GTC Clause 4 (xiii) (h) will be invalid. In case of multiple L1 bidders against a service bid
Requiredthe buyer shall place the Contract by selection of a bidder amongst the L-1 bidders through a Random Algorithm executed by GeM system. 14 . In a category based bid
Requiredadding additional items
Requiredthrough buyer added
Requiredadditional scope of work additional terms and conditions/or any other document. If buyer needs more items along with the main item
Requiredthe same must be added through bunching category based items or by bunching custom catalogues or bunching a BoQ with the main category based item
Requiredthe same must not be done through ATC or Scope of Work. Further
Requiredif any seller has any objection/grievance against these additional clauses or otherwise on any aspect of this bid
Requiredthey 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. 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. All GeM Sellers/Service Providers shall ensure full compliance with all applicable labour laws
Requiredincluding the provisions
Requiredrules
Requiredschemes and guidelines under the four Labour Codes i.e. the Code on Wages
Required2019; the Industrial Relations Code
Required2020; the Occupational Safety
RequiredHealth and Working Conditions Code
Required2020; and the Code on Social Security
Required2020 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
Requiredschemes or notifications
Requiredthe corresponding provisions of the pre-existing labour enactments (such as The Minimum Wages Act
Required1948
RequiredThe Payment of Wages Act
Required1936
RequiredThe Payment of Bonus Act
Required1965
RequiredThe Equal Remuneration Act
Required1976
RequiredThe Payment of Gratuity Act
Required1972
Requiredetc. and relevant State Rules) shall continue to remain applicable. The Seller/Service Providers shall
Requiredtherefore
Requiredbe responsible for ensuring compliance under: All notified and enforceable provisions of the new Labour Codes as mentioned hereinabove; and All operative provisions of the erstwhile Labour Laws until their complete substitution. All obligations relating to wages
Requiredsocial security
Requiredsafety
Requiredworking conditions
Requiredindustrial relations etc. and any other statutory requirements shall be strictly met by the Seller/Service Provider. Any non- compliance shall constitute a breach of the contract and shall entitle the Buyer to take appropriate action in accordance with the contract and applicable law. This Bid is governed by the General Terms and Conditions
Requiredconditions stipulated in Bid and Service Level Agreement specific to the Service
Requiredas the case may be
Requiredas provided in the Marketplace. However
Requiredin case of Service
Requiredif any condition specified in General Terms and Conditions is contradicted by the conditions stipulated in Service Level Agreement specific to said Service
Requiredthen it will over-ride the conditions in the General Terms and Conditions.
