Customized AMC/CMC for Pre-owned Products - FTIR Spectrophotometer; Make: PerkinElmer, Model: Spect

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OPTION CLAUSE 25% : The buyer can increase or decrease the contract quantity or contract duration up to 25 percent at the time of issue of the contract. However, once the contract is issued, the contract quantity or contract duration can only be increased up to 25 percent. Bidders are bound to accept the revised quantity or duration. For lumpsum-based service contracts, the buyer may increase the scope of work and contract value up to 25 percent with the consent of the service provider

Buyer Added text based ATC clauses The technical bid to be submitted in .pdf format with the following documents: a. PAC certificate by OEM b. Authorisation certificate Price bid to be submitted with detaild price breakup. I. Instrument Details: Instrument Name: FTIR Spectrophotometer, Make: PerkinElmer, Model: Spectrum Two System, Sl No. 120390 II. Scope of Work

equipment of same or similar make. To prove this, the CMC provider must submit detailed list of national a nd international customers and at least three testimonials from reputed multinational lab or government la bs.

rument.

III. Special Terms and Conditions. (a) The general terms & conditions defined in the Terms & Conditions for GeM products and services are ap plicable for this service as well as extent applicable. (b) The Comprehensive maintenance includes 01 preventive maintenance visit per year as per bid and 01 Routine maintenance visit per year and Unlimited Breakdown Visits. (c) Immediately on award of the service order the service provider would give a report regarding taking ov er of the equipment for maintenance purpose. It shall be the responsibility of the service provider to make the equipment work satisfactorily throughout the contract period. (d) In case of delay in attending to problems, breakdown of system due to improper handling by service pr ovider personnel etc. suitable penalties for violation of service level agreement shall be levied as indicated in the penalty clauses. (e) The CMC shall be carried out during working day in office hours. IV. Penalty:

nt, then the office reserves the right to terminate the contract i.e., payable only up to the period, till which the agency has rendered satisfactory services. The decision of Head of this Office regard shall be final and binding on the agency.

nd impose suitable penalty in proportion to the damages.

be more than 45 Days with parts replacement and 15 days without parts replacement penalty for failure of the agency to respond within the stipulated time will be ₹ 1000/- per system per day.

ts/service requirement during CMC period, the seller has to allocate and send service engineer to visit the site during breakdown and complete the required service/rectification, covered under the CMC. There will be 98% uptime warranty during CMC period on 24(hrs.) X 7(days a week) X 365(days per year) basis, with penalty, to extend the period by double the downtime period. If the seller fails to send the service enginee rs to visit the site and complete the service/rectification, within the defined time limit, a penalty of 0.5% of the total value (excluding taxes) of the agreed payment cycle, as the case may be, shall be charged as pe nalty for each week of delay from the seller. The buyer shall have the right to choose any of the two option s [extending of CMC period by doubling the downtime period or a penalty of 0.5% of the total value (exclud ing taxes) of the agreed payment cycle for each week of delay from the seller] for invoking the penalty. Th e buyer shall have the right to deduct the penalty amount from the bill claimed from the seller for payment or recover all such penalty amount from the performance security bond. Cumulative penalty will be 10% of the total contract value. Terms & Conditions Comprehensive Maintenance Contract (CMC) of FTIR Spectrophotometer, Make: Perkin Elmer Model: Spect rum Two System Sl. No. 120390

and 15 days without parts replacement.

Arbitration: “All disputes or differences arising out of or in connection with the Contract shall be settled by bilateral dis cussions. Any dispute, disagreement or question arising out of or relating to the Contract or relating to pro duct or performance, which cannot be settled amicably, shall be resolved by arbitration in accordance wit h the following applicable provision: a) For Central and State PSEs: In the event of any dispute or difference relating to the interpretation and a pplication of the provisions of commercial contract(s), such disputes or difference shall be taken up by eith er party for resolution through Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) as per provisions of Department of Public Enterprises OM No. 05/0003/2019-FTS-10937 dated 14 Dec 2022 as am ended. b) For Defence PSUs: The case of arbitration shall be referred to the Secretary Defence(R&D) for the appoi ntment of arbitrator(s) and proceedings. c) For other Firms: Any dispute, disagreement or question arising out of or relating to the Contract or relati ng to product or performance, which cannot be settled amicably, shall be resolved by arbitration in accord ance with either of the following provisions: “The case of arbitration may be referred to arbitrator/arbitrators appointed as per section 11 of the Indian Arbitration and Conciliation Act, 1996 as amended and the proceedings shall be conducted in accordance with procedure of Indian Arbitration and Conciliation Act, 1996 as amended.” Or “The case of arbitration may be referred to International Centre for Alternative Dispute Resolution (ICADR) for the appointment of arbitrator and proceedings shall be conducted in accordance with procedure of Indi an Arbitration and Conciliation Act, 1996 as amended.” Or “The case of arbitration may be conducted in accordance with the rules of Arbitration of the International C hamber of Commerce by one or more arbitrators appointed in accordance with the said rules in India. How ever, the arbitration proceedings shall be conducted in India under Indian Arbitration and Conciliation Act, 1996 as amended. .

Successful Bidder can submit the Performance Security in the form of Fixed Deposit Receipt also (besides PBG which is allowed as per GeM GTC). FDR should be made out or pledged in the name of Centre Head, DRL A/C (Name of the Seller). The bank should certify on it that the deposit can be withdrawn only on the demand or with the sanction of the pledgee. For release of Security Deposit, the FDR will be released in favour of bidder by the Buyer after making endorsement on the back of the FDR duly signed and stamped along with covering letter. Successful Bidder has to upload scanned copy of the FDR document in place of PBG and has to ensure delivery of hard copy of Original FDR to the Buyer within 15 days of award of contract. /Disclaimer अअ(cid:39)(cid:39)ववीीककररणण