LABYRINTH SHIELD DE AS PER BHEL DRG NO. 24454303002, REV. 06, VAR. 00,

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 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 the additional time shall commence from the last date of extended delivery period. The additional delivery time 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.

Nominated Inspection Agency: On behalf of the Buyer organization, any one of the following Inspection Agency would be conducting inspection of stores before acceptance: Pre-dispatch Inspection at Seller Premises (applicable only if pre-dispatch inspection clause has been selected in ATC): BY BHEL APPOINTED TPIA AT VENDOR WORKS Post Receipt Inspection at consignee site before acceptance of stores: AT BHEL BHOPAL

Scope of supply (Bid price to include all cost components) : Only supply of Goods

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.

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.

Buyer Added text based ATC clauses E5163148 SL. NO. DESCRIPTION DETAILS

ITEM DESCRIPT ION IM3601 – LABYRINTH SHIELD DE AS PER BHEL DRG NO.24454303002, REV.0 6, VAR.00

QUANTITY 30 No.

QUANTITY VARI ATION ± 25% Option Clause applicable; i.e., Max Quantity 37 No.

SPLITTING OF QUANTITY Not applicable

OFFER RATE Bidder to submit their Offer Rate inclusive of P&F, Freight, Insurance (as app licable) and GST. PO placed on GeM is inclusive of GST only. HSN CODE: _________________________ (to be mentioned by bidders)

EVALUATION C RITERIA Total value wise evaluation

DELIVERY AT CRX, BHEL, Bhopal-462022

DELIVERY TER MS FOR Destination

DELIVERY SCHE DULE FOR THE LOT OF 30 No. IN SINGLE LOT SCHEDULE DELIVERY DATE SHALL B E WITHIN 60 DAYS FROM THE DATE OF PLACEMENT OF PO. EARLY DELIVERY IS ACCEPTABLE. Option Clause of ± 25% in Gem is applicable.

PENALTY / LD As per GeM GTC

PRICE BASIS Firm Price basis

PAYMENT TERMS Payment in (a) 45 days for UDYAM Registered MSE bidders (b) 60 days for UDYAM Registered Medium Enterprises (c) 90 days for Non-MSME bidders and subject to acceptance of material & relevant documents at BHEL. (abov e MSME criteria will be settled as per relevant MSME act in force). (This is in suppression of Payment Timelines as mentioned in above bid d ocument as default) Payment through TReDS for MSME suppliers In respect of procurement of goods or services from Micro, Small and Mediu m enterprises (MSMEs), the settlement of invoice shall be only through any of the TReDS platform (i.e RXIL, Ml xchange, lnvoicemart, KReDX, C2FO), au thorised by the Reserve Bank of India. Such MSME suppliers to select their p referred TReDS platform before award of contract so that the data is captur ed in the Order /Contract database of the Unit. They also will have the optio n to change the TReDS platform from the drop down menu on Suvidha porta l of BHEL, at the time of invoice submission. Wherever the Trade Receivable is accepted by BHEL, the same shall be vali dated by the Unit on the respective TReDS platform selected by the supplier . The routing of invoices through the TReDS platform shall not be construed a s mandating discounting of such invoices and the MSMEs supplier shall have the option to avail or not avail financing or discounting of its receivables on the TReDS platform. In case discounting is not availed by the supplier on TReDS, the trade rece ivables will be paid through TReDS as per the payment timelines in dicated in the contract.

TECHNICAL PQ R Applicable

FINANCIAL PQR Not applicable

QAP Applicable

INSPECTION CO NDITION BY BHEL APPOINTED TPIA AT VENDOR WORKS & AT BHEL BHOPAL

TECHNICAL CO NDITION IDENTIFICATION MUST

SAMPLE No

TOOLS, JIGS & FIXTURES Not applicable

TEST CERTIFICATE All TC supplied along with material should be as per Drg./Spec. as mentione d in item description/ Annexure and should incorporate Drg./Spec. No.

GUARANTEE CE RTIFICATE As per GeM GTC and GC should incorporate Drg./Spec. No. as mentioned in i tem description/ Annexure.

INTEGRITY PAC T (IP) Not applicable

CONFLICT OF I NTEREST AMONG BIDDER S/ AGENTS Treatment of cases regarding conflict of interest: The bidder notes that a conflict of interest would said to have occurred in th e tender process and execution of the resultant contract, in case of any of th e following situations: i) If its personnel have a close personal, financial, or business relationship wi th any personnel of BHEL who are directly or indirectly related to the procur ement or execution process of the contract, which can affect the decision of BHEL directly or indirectly; ii) The bidder (or his allied firm) provided services for the need assessment/ procurement planning of the Tender process in which it is participating; iii) Procurement of goods directly from the manufacturers /suppliers shall be preferred. However, if the OEM/ Principal insists on engaging the services of an agent, such agent shall not be allowed to represent more than one manu facturer/ supplier in the same tender. Moreover, either the agent could bid o n behalf of the manufacturer/ supplier or the manufacturer/ supplier could bi d directly but not both. In case bids are received from both the manufacture r/ supplier and the agent, bid received from the agent shall be ignored. How ever, this shall not debar more than one Authorised distributor (with/ or with out the OEM) from quoting equipment manufactured by an Original Equipm ent Manufacturer (OEM) in procurements under a Proprietary Article Certific ate. iv) A bidder participates in more than one bid in this tender process. Particip ation 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 t han one bid shall result in the disqualification of all bids in which he is a part y. However, this does not limit the participation of an entity as a sub-contra ctor in more than one bid if he is not bidding independently in his own nam e or as a member of a JV. The Bidder declares that they have read and understood the above aspects, and the bidder confirms that such conflict of interest does not exist and und ertakes that they will not enter into any illegal or undisclosed agreement or understanding, whether formal or informal with other Bidder(s), in this regar d. This applies in particular to prices, specifications, certifications, subsidiary c ontracts, submission or non-submission of bids or any other actions to restri ct competitiveness or to introduce cartelization in the bidding process. In ca se, the Bidder is found having indulged in above activities, the sam e will be considered as a violation of the tender conditions, and sui tab1e action shall be taken by BHEL as per extant policies/ guidelin es.

BREACH OF CO NTRACT The following shall amount to breach of contract: I. Non-supply of material/ non-completion of work by the Supplier/Vendor wit hin scheduled delivery/ completion period as per contract or as extended fr om time to time. II. The Supplier/Vendor fails to perform as per the activity schedule and ther e are sufficient reasons even before expiry of the delivery/ completion perio d to justify that supplies shall be inordinately delayed beyond contractual delivery/ completi on period. III. The Supplier/Vendor delivers equipment/ material not of the contracted q uality. IV. The Supplier/Vendor fails to replace the defective equipment/ material/ component as per guarantee clause. V. Withdrawal from or abandonment of the work by the Supplier/Vendor bef ore completion as per contract. VI. Assignment, transfer, subletting of Contract by the Supplier/Vendor with out BHEL’s written permission resulting in termination of Contract or part th ereof by BHEL. VII. Non-compliance to any contractual condition or any other default attribu table to Supplier/Vendor. VIII. Any other reason(s) attributable to Vendor towards failure of performan ce of contract. In case of breach of contract, BHEL shall have the right to terminate the Purc hase Order/ Contract either in whole or in part thereof without any compens ation to the Supplier/Vendor. IX. Any of the declarations furnished by the contractor at the time of biddin g and/ or entering into the contract for supply are found untruthful and such declarati ons were of a nature that could have resulted in non-award of contract to the contract or or could expose BHEL and/ or Owner to adverse consequences, financial or otherwise. X. Supplier/Vendor is convicted of any offence involving corrupt business pr actices, antinational activities or any such offence that compromises the business et hics of BHEL, in violation of the Integrity Pact entered into with BHEL has the poten tial to harm the overall business of BHEL/ Owner. Note- Once BHEL considers that a breach of contract has occurred on the pa rt of Supplier/Vendor, BHEL shall notify the Supplier/Vendor by way of notice in this regard. Contractor shall be given an opportunity to rectify the reasons causing the b reach of contract within a period of 14 days. In case the contractor fails to remedy the breach, as mentioned in the notic e, to the satisfaction of BHEL, BHEL shall have the right to take recourse to a ny of the remedial actions available to it under the relevant provisions of contract.

Grievance Redr essal Mechanis m Grievance Redressal Mechanism: To promote transparency and ensure fair treatment of all bidders, a structur ed Grievance Redressal Mechanism is in place to address any concerns or is sues arising during the tendering process or in subsequent business dealing s with the company. Suppliers/Contractors are requested to follow the below escalation process f or grievance resolution:

: Any grievance should initially be addre ssed to the designated Dealing Officer, whose conta ct details are provided in the Notice Inviting Tender (NIT)/Contract.

: If the issue remains unresolved, it may be escalated by lodging a formal grievance thr ough the SUVIDHA Portal: https://suvidha.bhel.in/suvidha/ . Responses will be p rovided in accordance with the defined escalation m atrix.”

INVOICING THR OUGH SUVIDHA PORTAL For supply orders placed on Indian Suppliers: Irrespective of the value of the invoice amount, the bidder / vendor should necessarily upload the de spatch & invoice details on BHEL SUVIDHA portal at https://suvidha.bhel.in/s uvidha/ or https://bpl.bhel.com/mm/ , prior to despatch. 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 (including taxes) exceeding Rs five lakhs uploaded on the portal are digitally signed using a Class 3 Digital Signature Certificate (DSC) issued 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 upto Rs five lakhs, in case they were not digitally signed and uploaded on the por tal. The material will not be accepted inside BHEL in absence of the ab ove.

SPECIAL CONDI TIONS This may be noted that any deviation to GeM tender shall not be entertaine d as buyer can’t modify any tender terms after bid submission or offline sett lement of any deviations during Part-1 evaluation is also not possible. In thi s regard, kindly note that commercial terms such as Quantity, Offer Validity, Inspection, Delivery, Freight, Insurance, Payment, LD, Gua rantee/ Warranty or any other terms shall be as per tender only. He nce, submission of additional bidding format or any other documen t/ Format/ Seller Terms & Conditions shall not be considered in GeM . Sellers are requested not to upload any such extra documents. Thi s is for information and compliance, otherwise the offer is liable to be rejected. Bidders who fail to upload declaration against local content at prop er place in GeM shall automatically be considered as Non-Local bidd er by GeM system and no preference shall be given by GeM functio nality. Bidders who fall under MSE (Micro & Small Enterprises only) and fail to upload ‘Udyam Registration Certificate (URC)’ at proper plac e in GeM shall automatically be considered as Non-MSE bidder by G eM system and no preference shall be given by GeM functionality. In absence of or inability of bidder to upload the relevant documents at prop er place in GeM, the GeM system functionally may debar any bidder from av ailing local bidder benefits or MSE benefits like purchase preference etc. Als o, the admissibility of claim of bidder related to these issues cannot be mad e later once offer is submitted through GeM. It is totally as per the GeM f unctionality and in any such event, BHEL has neither any control ov er the process not will be held responsible for same. Further, it is to be noted that MSE benefits are not being extended to A gent/ Dealer/ Trader/ Distributor (i.e. Other than Manufacturer) . Bid der has to also provide supporting document(s) such as Agreement Betwee n OEM & Bidder(s) etc. Final ordering (GeM Contract) in GeM portal shall be governed by M SE/MII guidelines or relevant circulars/guidelines and as per GeM m ethodology irrespective of Bidder ranking after price bid/RA/ Negoti ation etc. Identification must. Soon after rejection of material, it is to be ensured by s upplier that material should be taken back maximum within two weeks after communication for rectification/ replacement & supply back the rectified/ fre sh material to BHEL Bhopal within 30 days from rejection. In the event of no n-lifting of rejected material by supplier, BHEL will not be responsible for los s of such items to the supplier in any case. Bidders to provide their single point contact details (email ID, contact numb er) along with the offer for any bid related clarification/ query/ communicatio n if required. Offers of bidders who are in ‘HOLD/BANNED’ status in BHEL Bhopal PMD shall not be considered. Unregistered bidders to submit documents required for registration to BHEL Portal Online ( https://www.bhel.com/supplier-registration ). NOTE:

event of our customer order covering this tender being cancelled /p laced on hold /otherwise modified, BHEL would be constrained to accordingl y cancel / hold / short close /modify the tender at any stage of execution.

budget / estimated co st. BHEL may re-float the tender opened, if L1 price is not acceptable to BHE L even after negotiation.

OTHER TERMS & CONDITIONS Other Terms & Conditions as per GeM GTC

BID SUBMISSIO N WITHIN DUE DATE & TIME No request for extension of tender due date will be entertained at the time o f tender opening and after due date under any circumstances. Hence, all bid ders are requested to submit their bid well within due date and time only. BHEL reserves the right for extension of tender based on the situat ion without assigning any reason whatsoever it may be.

DOCUMENTS T O BE FURNISHE D ALONG WITH YOUR QUOTATI ON Duly Filled, Signed and Sealed copy of: - ANNEXURE-A IN COMPANY LETTERHEAD (DECLARATION FOR BIDDER T YPE & MSE CATEGORY) OTHERS: - UDYAM Registration Certificate ( as applicable for MSME bidders only ) . अ'वीकरण अ'वीकरण /Disclaimer