Based on the recommendations of the Group of Secretaries made to Hon’ble Prime Minister, the Government decided that GeM SPV will create a one stop Government e-Marketplace (GeM) to facilitate online procurement of common use Goods & Services required by various Government Departments / Organizations / PSUs. GeM aims to enhance transparency, efficiency and speed in public procurement. It provides the tools of e-bidding, reverse e-auction and demand aggregation to facilitate the government users, achieve the best value for their money.
Government of India (Allocation of Business) Rules, 1961, vide notification dated 8th December 2017 has made the following entry “32. Development, operation and maintenance of National Public Procurement Portal—Government e-Marketplace”.
The purchases through GeM by Government users have been authorized and made mandatory by Ministry of Finance by adding a new Rule No. 149 in the General Financial Rules, 2017.
As owner of the National Public Procurement Portal (section 8 Company registered under the companies Act, 2013), GeM SPV builds, operates and maintains the GeM platform, which provides for procurement of goods and services required by Central & State Government organizations. GeM SPV provides an end-to-end online Marketplace for Central and State Government Ministries / Departments, Central & State Public Undertakings (CPSUs & SPSUs), Autonomous institutions and Local bodies, for procurement of common use goods & services in transparent and efficient manner.
In case of any discrepancy/conflict in terms and conditions in the aforesaid, Special Terms and Conditions for e-bidding on GeM shall have precedence over the terms/conditions given in any other document.
The option to go for e-bidding on GeM will be exercised at the discretion of the Buyer for his requirement for particular item corresponding to an available product category on GeM. Accordingly, the Buyer shall identify the product category available on GeM and define product specifications and warranty in terms of pre-defined parameters for the product on GeM, which shall serve as product specifications for e-bidding. The Buyer will put bid invitation notice on GeM and CPP portal for wider publicity, giving at least clear 7 days from the date of publication of biding notice on GeM and CPP).
The GeM shall automatically generate notice for e-bidding to all the Seller(s) who have listed products on GeM meeting the product specifications for e-bidding, inviting them to participate in the upcoming e-bidding. All the sellers who have enlisted product(s) meeting the product specifications for e-bidding at least 48 hours prior to the appointed date and time for opening of bids, shall be automatically extended such bid invitation. The decision of the Purchaser/GeM regarding technical/commercial acceptability of the individual Seller to be invited for e-bidding shall be final. Upon being notified/ invited for e-bidding, the Seller shall have discretion to participate in the same. Only the Sellers who receive the invitation for bid on GeM shall be eligible to participate in the e-bidding. The Seller participating in the e-bidding shall offer one of his already enlisted product(s) which shall remain available on GeM at least up to validity of bid under e-bidding.
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.
The e-bidding shall be single stage e-bidding with terms of delivery as applicable for GeM pilot phase and same shall be conducted by the Buyer on GeM stipulating the requirements.
The Seller participating in the e-bidding shall furnish the stipulated EMD (if any) (EMD shall not be demanded during pilot phase), offer one of its product listed on GeM meeting product specifications for e-bidding and quote price (all inclusive basis) for the total quantity required and the same shall be inclusive 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. for delivery at consig- nee location(s) as per the stipulated terms of delivery i.e. free delivery to consignee’s end/site. For this purpose, the price bid format provided under e-Bidding of GeM, selected by the Buyer shall be used by the bidder to submit his price bid.
The bid opening will be conducted at GeM on scheduled date and time by the Buyer. The Buyer reserves the right to postpone/cancel the e-bidding and intimation thereof will be sent by email/GeM to the Sellers/bidders. Any amendment/corrigendum to the e-bid invitation issued by the Buyer will be made online and the same shall be uploaded on the GeM and CPP also. The participation by the GeM Seller as bidder in e-bidding shall be construed as his compliance for all the technical as well as commercial parameters as outlined in the e-bidding and accordingly the contract with the lowest acceptable bidder shall be entered by the Buyer. After e-bidding, the lowest acceptable bid shall be decided on the basis of lowest total bid price for the total tendered requirement.
The payment terms will be as per the General Terms and Conditions for sale/purchase of the item category in GeM.
The Buyer reserves the right to accept/reject any bid including the lowest bid received through e-bid and/or annul the e-bidding process, without assigning any reasons.
The participating bidders in the e-Bidding shall be required to submit bid(s) in adherence of the Information Technology Act, 2000 read along with amendment thereof, duly signed by valid Class–III digital signature certificate issued to their respective authorised representative who participate in e-Bidding on their behalf.
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 Competition Act, 2002.
The Buyer/GeM will not be held responsible for consequential damages such as no internet connection, no power supply, system problems, loss of electronic information, power interruption etc.
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