GOVERNMENT E-MARKET PLACE (GEM) - PILOT …

1 BOO KLET OF TE RMS A ND CO NDITI ONS GOVERNMENT E-MARKET PLACE (GEM) - PILOT PHASE INDEX CHAPTER NO. TITLE 1. General terms and conditions of Sale / Purchase in Gov-ernment e-Marketplace (GeM) - PILOT Phase 2. General terms and conditions for enrolment of Seller on GeM ( GOVERNMENT e-Marketplace) - PILOT Phase 3. Price Structure for GeM 4. Format for Contract placed through GeM 5. Special terms and conditions for e-bidding on GeM 6. Process Flow Reverse Auction (for PILOT Phase) 7. Special terms and conditions for Reverse Auction on GeM under PILOT phase CHAPTER 1 General terms and conditions of Sale/Purchase in GOVERNMENT e-Marketplace (GeM) - PILOT Phase 1. GeM Portal : The GeM GOVERNMENT e-Marketplace is for the GOVERNMENT users to cater to their demand of commonly required Goods & Services. Purchaser (s)/Buyer(s) is the Contract placing authority, which includes Central GOVERNMENT Ministries/Departments including its attached/subordinate offices, Central Public Sector Units (CPSUs) and Autonomous Bodies located in Delhi/New Delhi acting through its authorized officer(s) for and on behalf of President of India/CPSU/Autonomous Bodies, as the case may be, for pur-chase of Goods/Services offered by Vendor(s)/Seller(s).

2 Vendor(s)/Seller(s) is the firm(s) [a proprietorship/partnership firm/Limited Liability Partnership/Private Limited/Limited compa-ny/Society registered under Society s Act] that offers its Good(s)/Service(s) on GeM and agree to accept the contract placed by Purchaser (s)/Buyer(s) for supply of the Good(s)/Service(s) as per the terms and conditions of GeM. The Vendor(s)/Seller(s) on GeM will be the OEMs (Original Equipment Manufacturers) and/or their authorized channel part-ner(s)/ resellers and e- Marketplaces. 2. Annual Procurement Plan(s): The Purchaser(s)/Buyer(s) will provide projection of their annual demands in the GeM indicating required Goods/Services with specification & quality, quantity, consignee location and Delivery Period requirements etc by way of Annual Procurement Plan.

3 3. Offer(s) by Seller(s): Seller shall offer their Goods/Services indicating specification, prices in Indian Rupees, terms of delivery and delivery period, Warranty/Guaranty, validity etc as per template prescribed in GeM. Seller would ensure that the Goods/Services offered are latest, new and complete in all respects. 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.

4 Purchaser is required to obtain necessary sanction and ap-proval of competent authorities within these five days before award of Contract. 4. Contract(s): Purchaser/Buyer may award the Contract(s) digitally signed on-line in the GeM after thorough and due diligence to meet their requirements in all respects including quantity, quality, time and at most economical prices. In case of Services, the agreed SLA (Service Level Agreement) would also constitute the integral part of the Contract(s). For award of Contract(s), Purchaser/Buyer is at liberty to utilize all the data/information and tools made available in the GeM including e-bidding and reverse e-auction. On award of the Contract(s), it would be construed that the Pur-chaser has obtained all necessary Administrative & Financial sanctions of the competent authority and adequate funds are available indicating the relevant Head of accounts in the awarded Contract(s).

5 These Contract(s) and transactions in the GeM shall be governed as per terms and conditions specified in the GeM and also as applicable & prevailing Rules and Laws in India, which are required to be adhered to by the Purchaser/Buyer as well as Seller. 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.

6 6. terms and conditions in GeM: The offer (s) and resultant Contract(s) to be awarded will be go-verned by this General terms & conditions of Sale/Purchase in GeM. The offer(s) and resultant Contract(s) are required to be di-gitally signed using class 3 digital signature on-line by the com-petent authority of the Seller and Purchaser/Buyer. 7. Performance Security and Performance The Seller, OEM as well as its authorised Channel Partner/ resel-ler and E-MARKET Places, shall be jointly and severally responsible for satisfactorily execution of contract including warranty obliga-tions etc. In case of default, necessary punitive actions shall be initiated against the seller including their debarment or downward grading in the GeM. For procurement through Reverse Auction/e-bidding, Purchas-er/Buyer may appropriately incorporate suitable provisions for Performance Bank Guarantee (PBG), if required, as part of bidding document and hence contract.

7 8. Duties & Taxes : (a) Prices shall be all inclusive basis 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 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.

8 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.

9 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. (ii) Regarding Sales Tax/VAT: In Contract(s) or amendments thereto allowing Sales tax/VAT, State or Central, the Seller shall furnish the certificates on their relevant Bill for Sales Tax: i) Certified that the goods on which Sales Tax has been charged have not been exempted under the Central Sales Tax Act or State Sales Tax Act or the rules made thereunder and the charges on account of Sales Tax on these goods are correct under the provisions of that Act or the Rules made there under; ii) Certified further that we (or our branch) or (Agent).

10 (Address) .. are reg-istered as dealers in the State of .. under Registration No.. for the purpose of Sales Tax; iii) Certificate that the assessment for the period under which the supplies made to the GOVERNMENT Department or Consignee has been made or not. In case the Assessment has been done, the Seller should furnish a copy of the Assessment Order in which the supplies or the supply order have been covered to determine the exact rate of sales tax at which they have been assessed by the sales tax authorities. (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.