Common use of Opening of Technical Bid Clause in Contracts

Opening of Technical Bid. (i) The EMD cover &Technical bids shall be opened on the due date in presence of all bidders/their representative, if present. At first, the officer concerned shall open EMD cover (Envelop-1) and after fulfilment of tender fee & EMD conditions, the technical bid cover (Envelope-2) with detailed specification shall be opened. (ii) Tender shall be valid for 120 days from the date of opening of the Technical Bid. (iii) Tender not received in sealed cover shall be rejected forthwith. If a holiday is declared on the date of opening of the tender, the date of opening shall be the next working day. (iv) EMD shall be returned to unsuccessful bidder within 15 days of placement of order and to successful bidder it should be refunded after submission of SD. The F.O.R. Destination prices are excluding GST and Cess as applicable which will be paid extra on a given taxable goods and/or services. The amount and% of GST and Cess as applicable should clearly be indicated separately. (GST/Cess means all applicable Tax/Cess under GST Laws. GST Laws means IGST Act, GST (Compensation to the State for Loss of Revenue) Act, CGST Act, UTGST Act and SGSCT Act, 2017 and all related ancillary legislations). You shall have to submit a C.A Certificate & duly authorized Signatory of successful bidder, certifying that you have not claimed Refund of any applicable GST and Cess, charged to GETCO or shall not claim any such Refund, on a future date, from the concerned Authorities and if, any Refund, in respect of such GST and Cess, is claimed by you, it will be immediately passed on to the GETCO, without GETCO making any specific Claim, for the same, either from the Department or from you. The offers having price inclusive of GST and Cess is likely to be rejected if the rate of GST and Cess is not mentioned clearly unless the bidder has opted for Composition Scheme under GST Act, which should be clearly indicated in the price bid. GETCO may at its discretion consider such offer with presumption of highest applicable rate of VAT/GST/Cess prevailing when the price quoted is inclusive of GST and Cess. If the Supplier/Contractor has opted for the Composition scheme of GST, the same must be clearly specified with valid Declaration & Certificate from Department. In the event of withdrawal/cessation of the Supplier from Composition scheme during the tenure of the contract, the rate mentioned in the price bid shall be final and any additional GST will have to be borne by the bidder. In no case additional amount towards tax or otherwise will be paid / reimbursed to supplier/contractor. Further Statutory Variation clause will not be applicable in case of Supplier / Contractor has opted for Composition Scheme under GST. Supplier/Contractor should charge GST in Invoice at the rate as agreed to / mentioned in acceptance of tender only and any deviation in the same shall not be accepted. Further, any additional liability of GST (later on due to wrong mentioning of GST rate, mis-interpretation of HSN/SAC Code, etc.) over and above as charged in the invoice shall be borne by the Supplier/Contractor. However, any refund received by the supplier / contractor on account of GST charged from the company; such refund shall have to be passed on to the company, along with interest if any. Such refund along with interest needs to be passed on suo-moto by the supplier / contractor. Further, the Company has a right to recover the amount of GST along with penal interest at the applicable rate (i.e. Present rate is 18%) per annum if GST charged is not paid / short paid to the government or fails to upload the details or uploads inaccurate particulars on GSTIN portal by the Supplier / Contractor within the stipulated time limit. In case, Govt. revises the rate of GST rate / Code during the tenure of the contract, the provision of GUVNL’s statutory variation clause shall apply.