Invitation to Bid - Supply & Installation of Laptops, Desktops and Workstations for the O/o AGICL, APCRDA Project Office, Rayapudi, Amaravati in ANDHRA PRADESH

These general conditions shall apply to the extent that they are not superseded by provisions of other parts of the contract. Standards: The goods supplied under this contract shall conform to the standards mentioned in the specifications, and, when no applicable standard is mentioned, the authoritative standards appropriate to the goods? country of origin shall apply. Such standard shall be the latest issued by the concerned institution. Use of documents and information 1. The vendor shall not, without prior written consent from AGICL, disclose/share/use the bid document, contract, or any provision thereof, or any specification, plan, drawing, pattern, sample or information furnished by or on behalf of the AGICL in connection therewith, to any person other than a person employed by the vendor in the performance of the contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance. 2. The Vendor shall not, without prior written consent of AGICL, make use of any document or information made available for the project, except for purposes of performing the Contract. 3. All project related document (including this bid document) issued by AGICL, other than the contract itself, shall remain the property of the AGICL and shall be returned (in all copies) to the AGICL on completion of the Vendor?s performance under the contract if so required by the AGICL. User license and patent rights: 1. The Vendor shall provide licenses for all software products, whether developed by it or acquired from others. In the event of any claim asserted by a third party for software piracy, the vendor shall act expeditiously to extinguish such claim. If the vendor fails to comply and the AGICL is required to pay compensation to a third party resulting from such software piracy, the vendor shall be responsible for compensation including all expenses, court costs and lawyer fees. The AGICL will give notice to the vendor of such claim, if it is made, without delay. 2. The Vendor shall indemnify the purchases against all third-party claims of infringement of patent, trademark or industrial design rights arising from use of the goods, software package or any part thereof. Performance security: 1. On receipt of notification of award, the Vendor shall furnish performance security to AGICL in accordance with bid document requirement. 2. The proceed of the performance security shall be payable to the AGICL as compensation for any loss resulting from the supplier?s failure to complete its obligations under the contract. 3. The performance security shall be denominated in Indian rupees or in a freely convertible currency acceptable to AGICL and shall be in one of the following forms: a. A bank guarantee, issued by a reputed bank located in India with at least one branch office nearby CRDA region, in the form provided in the bidding document or another form acceptable to the AGICL; or b. A cashier?s cheque or banker?s certified cheque or crossed demand draft or pay order drawn in favor of the AGICL. 4. The performance security will be discharged by the AGICL and returned to the Vendor not later than sixty (60) days following the date of completion of all formalities under the contract and if activities, post warranty, by the Vendor is envisaged, following receipt of a performance guarantee for annual maintenance as per bid document. 5. In the event of any contract amendment, the vendor shall, within 15 days of receipt of such amendment, furnish the amendment to the performance security, rendering the same valid for the duration of the Contract. Manuals and drawings 1. Before the goods and services are taken over by the user, the Vendor shall supply operation and maintenance manuals, (together with drawings of the goods and services where applicable). 2. The Vendor shall provide complete technical documentation of hardware, firmware, all subsystems, operating systems, compiler, system software and the other software. 3. The manuals and drawings wherever applicable shall be in English or Telugu. 4. At least one set of the manuals should be supplied for each installation sites. 5. Unless and otherwise agreed, the goods and services shall not be considered to be completed for the purpose of taking over until such manuals and drawings have been supplied to the user. Inspection and acceptance tests 1. Inspection and tests prior to shipment of Goods and at final acceptance are as follows: a. Inspection of the goods shall be carried out to check whether the goods are in conformity with the specifications mentioned in the bid document. Following broad test procedure will generally be followed for inspection and testing of hard ware and firm wares. The vendor will dispatch the goods to the ultimate consignee after internal inspection testing along with the supplier?s inspection report, manufacturer?s warranty certificate. The AGICL will test the equipment after completion of the installation and commissioning at the site of the installation. (If site preparation is not included in the tender call or specification, the vendor should furnish all details of the site requirement to the AGICL sufficiently in advance so as to get the works completed before receipt of the equipment.) b. The Inspections and tests, at the discretion of AGICL, may be conducted on the premises of the Vendor or its subcontractor(s), at point of delivery, and / or at the good?s final destination. If conducted on the premises of the Vendor or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the AGICL. c. Should any inspected or tested goods fail to conform to the specifications the AGICL may reject the goods, and the vendor shall either replace the rejected goods or make alterations necessary to meet specification requirements free of cost to the AGICL user. d. AGICL right to inspect, test and, where necessary reject the goods after the goods? arrival at user?s site shall in no way be limited or waived by reason of the goods having previously been inspected, tested and passed by the AGICL or its representative prior to the goods shipment from the country of origin. e. Nothing in this clause shall in any way release the vendor from any warranty or other obligations under this contract f. The acceptance test will be conducted by the AGICL, their consultant or any other person nominated by the AGICL, at its option. There shall not be any additional charges for carrying out acceptance tests. Any reduction in functional requirements and performance specifications shall be ground for failure. Any malfunction, partial or complete failure of any part of hardware, firmware or excessive heating of hardware enclosures, motors attached to printers, drivers etc. or bugs in the software shall be grounds for failure of acceptance test. All the software should be complete and no missing modules / sections will be allowed. The vendor shall maintain necessary log in respect of the results of the tests to establish to the entire satisfaction of the AGICL, the successful completion of the test specified. An average uptake efficiency of 97% for the duration of test period (30 days) shall be considered as satisfactory. g. In the event of the hardware and software failing to pass the acceptance test, a period not exceeding two weeks will be given to rectify the defects and clear the acceptance test, failing which the AGICL reserves the rights to get the Equipment replaced by the vendor at no extra cost to the AGICL user. Acceptance certificates: On successful completion of acceptability test, receipt of deliverables etc, and after AGICL is satisfied with the working of the system, the acceptance certificate signed by the vendor and the representative of the AGICL will be issued. The date on which such certificate is signed shall be deemed to be the date of successful commissioning of the systems. Packing: 1. The vendor shall provide such packing of the goods as is required to prevent their damage or deterioration during transit to their final destination. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperature, salt and precipitation during transit and open storage. Packing case size and weights shall take into consideration, where appropriate, the remoteness of the goods? final destination and the absence of heavy handling facilities at all points in transit. 2. The packing, marking and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the contract, including additional requirements, if any, specified in SCC, and in any subsequent instructions ordered by the AGICL. Delivery and documents: Delivery of the goods/services shall be made by the vendor in accordance with the terms specified in the Schedule of requirements. The details of shipping and / or other documents to be furnished and submitted by the vendor are specified below. For Goods supplied from abroad: 1. Within 24 hours of shipment, the Vendor shall notify the AGICL and the Insurance Company by cable or telex or fax full details of the shipment including contract number, description of goods, quantity, the vessel, the bill of lading number and date, port of loading, date of shipment, port of discharge, etc. The Vendor shall mail the following documents to the AGICL, with a copy to the Insurance Company. 2. Four copies of supplier?s invoice showing goods description, quantity, unit price and total amount; 3. 4 copies of packing list identifying contents of each package; 4. Insurance certificate; Manufacturer?s/Supplier?s warranty certificate; 5. Inspection certificate, issued by the nominated inspection agency and the 6. Supplier?s factory inspection report; and Certificate of origin. The above documents shall be received by the AGICL at least one week before arrival of Goods at the port or place of arrival and, if not received, the Vendor will be responsible for any consequent expenses. For Goods from within India: Upon delivery of the goods to the user, the vendor shall notify the AGICL and mail the following documents to the AGICL: 1. Four copies of the Vendor invoice showing goods description, quantity, unit price total amount; 2. Delivery note, or acknowledgement of receipt of goods from the user; 3. Manufacturer?s or Supplier?s warranty certificate; 4. Inspection Certificate issued by the nominated inspection agency, and the Supplier?s factory inspection report. 5. Certificate of Origin; 6. Insurance policy; 7. Excise gate pass Octroi receipts wherever applicable duly sealed indicating payments made; and 8. Any of the documents evidencing payment of statutory taxes. The above documents shall be received by the AGICL before arrival of the Goods (except deliver note and where it is handed over to the user with all documents) and if not received, the vendor will be responsible for any consequent expenses. Insurance: 1. It is suggested that the goods supplied under the contract shall be fully insured in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage, and delivery up to user site. 2. The insurance should be for replacement value from ?Warehouse to warehouse (final destination)? on ?All Risks? valid up to 3 months till completion of delivery, installation and commissioning. Transportation: Transport of the goods to the project site(s) shall be arranged by the vendor at his cost. Hardware Installation: The vendor is responsible for all unpacking, assemblies, wiring, installations, cabling between computer units and connecting to power supplies. The vendor will test all hardware operations and accomplish all adjustments necessary for successful and continuous operation of the computer hardware at all installation sites. Incidental services: 1. The Vendor may be required to provide any or all the following services, including additional services: a. Performance or supervision or maintenance and/or repair of the supplied goods and services, for a period of time agreed by the parties, provided that this service shall not relieve the Vendor of any warranty obligations under this Contract, and b. Training of AGICL and/or its user organization personnel, at the Vendor?s site and / or on-site, in assembly, start-up, operation, maintenance and/or repair of the supplied goods and services. c. Prices charged by the Vendor for the preceding incidental services, if any, should be indicated separately (if required), and same will be mutually negotiated separately

Spare parts: 1. The Vendor may be required to provide any or all of the following materials, notifications and information pertaining to spare parts manufactured or distributed by the Vendor. 2. Such spare parts as the AGICL may elect to purchase from the Vendor, provided that this election shall not relieve the Vendor of any warranty obligations under the contract and 3. In the event of termination of production of the spare parts, an advance notification to the AGICL of the pending termination, in sufficient time to permit the AGICL to procure needed requirements and 4. The Vendor shall ensure availability of spares in stock at his nearest service center for immediate delivery such spare parts as: (a) are necessary for a minimum of 5 years of operation after installation at the Purchaser?s sites (b) are necessary to comply with specifications. Warranty: 1. The Vendor warrants that the goods and services supplied under the contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials unless provided otherwise in the contract. The Vendor further warrants that all goods and services supplied under this contract shall have no defect arising from design, materials or workmanship or from any act or omission of the Vendor, that may develop under normal use of the supplied goods in the conditions prevailing in the country of final destination. 2. The warranty period shall be as stated in bid document. The Vendor shall, in addition, comply with the performance guarantees specified under the contract. If, for reasons attributable to the Vendor, these guarantees are not attained in whole or in part, the Vendor shall, make such changes, modifications, and/or additions to the goods or any part thereof as may be necessary in order to attain the contractual guarantees specified in the contract at its own cost and expenses and to carry out further performance tests. 3. The equipment supplied should achieve required up time. 4. AGICL user shall promptly notify the Vendor in writing of any claims arising under this warranty. 5. Upon receipt of such notice, the Vendor shall, within the period specified in GCC and with all reasonable speed, repair or replace the defective goods and services or parts thereof, without costs to the user. 6. If the Vendor, having been notified, fails to remedy the defect(s) within a reasonable period, the AGICL/user may proceed to take such remedial action as may be necessary, at the vendor?s risk and expense and without prejudice to any other rights which the AGICL /user may have against the Vendor under the contract. Maintenance service 1. Free maintenance services including spares shall be provided by the vendor during the period of warranty. User, at its discretion may ask the vendor to provide maintenance services after warranty period, i.e. Annual maintenance and repairs of the system at the rates indicated by bidder in its proposal and on being asked so, the vendor shall provide the same. The cost of annual maintenance and repairs cost (after warranty period), which will include cost of spares replaced, shall be paid in equal quarterly installments at the end of each quarter. 2. The maximum response time for maintenance complaint from any of the destination (i.e. time required for supplier?s maintenance engineers to report to the installations after a request call is made or letter is written) shall not exceed 48 hours. 3. The vendor will accomplish preventive and breakdown maintenance activities to ensure that all hardware, and firmware execute without defect or interruption for at least required up time. 4. In case up time is less than the stipulated up time, penalty as indicated in the bid document shall be imposed on the vendor. 5. The amount of penalty if any, will be recovered at source from the performance guarantee during the warranty or from annual maintenance charges payable as the case may be. Prices: Prices charged by the Vendor for goods delivered and services performed under the contract shall not vary from the prices quoted by the Vendor in its bid, with the exception if any price adjustments authorized in special conditions of contract or in the request for bid validity extension, as the case may be. Change orders: AGICL may, at any time, by written order given to the Vendor, make changes within the general scope of the Contract in any one or more of the following: i. Drawing, designs, or specifications, where Goods to be supplied under the Contract are to be specifically manufactured for the AGICL; ii. The method of shipment or packing; iii. The place of delivery and/or the services to be provided by the Vendor. If any such change causes an increase or decrease in the cost of, or the time required for, the vendor?s performance of any provisions under the contract, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall accordingly be amended. Any claims by the Vendor for adjustment under this clause must be asserted within thirty (30) days from the date of the Vendor?s receipt of the change order. Contract amendment: No variation in or modification of the terms of the Contract shall be made except by written amendment signed by the parties. Assignment: The Vendor shall not assign, in whole or in part, its obligations to perform under this Contract, except with the prior written consent from AGICL. Subcontracts: The Vendor shall notify the AGICL in writing of all subcontracts awarded under this contract if not already specified in the bidder?s proposal. Such notification, in the original bid or later, shall not relieve the Vendor from any liability or obligation under the contract. Subcontract shall be only for bought-out items and sub-assemblies

Delays in the supplier?s performance: 1. Delivery of the Goods and performance of the services shall be made by the Vendor in accordance with the time schedule specified by the AGICL in the specifications. 2. If at any time during performance of the Contract, the Vendor or its subcontractor(s) should encounter conditions impending timely delivery of the goods and performance of services, the Vendor shall promptly notify the AGICL in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the vendor?s notice, AGICL shall evaluate the situation and may at its discretion extend the Vendor?s time for performance, with or without liquidated damages. 3. A delay by the Vendor in the performance of its delivery obligations shall render the vendor liable to the imposition of appropriate liquidated damages, unless an extension of time is agreed upon by AGICL without liquidated damages. Liquidated damages: If the Vendor fails to deliver any or all of the goods or perform the services within the time period(s) specified in the Contract, the AGICL shall, without prejudice to its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equivalent to, as per the terms indicated in the bid document, until actual delivery or performance, subject to maximum limit. Once the maximum is reached, the AGICL may consider termination of the contract. Termination for default: 1. The AGICL, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the Vendor, may terminate the Contract in whole or in part: a. if the Vendor fails to deliver any or all of the Goods/services within the time period(s) specified in the contract, or within any extension thereof granted by the AGICL pursuant to Clauses of GCC or b. if the Vendor fails to perform any other obligation(s) under the Contract or c. if the Vendor, in the judgment of the AGICL has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. 2. In the event the AGICL terminated the contract in whole or in part, AGICL may procure, upon such terms and in such manner as it deems appropriate, goods or services similar to those undelivered, and the Vendor shall be liable to the AGICL for any excess costs for such similar goods or services. However, the Vendor shall continue performance of the contract to the extent not terminated. Force majeure: 1. The Vendor shall not be liable for forfeiture of its performance security, liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure. 2. For purposes of this clause, ?Force Majeure? means an event beyond the control of the Vendor and not involving the Supplier?s fault or negligence and not foreseeable. Such events may include, but are not restricted to, acts of the AGICL in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes. 3. If a Force Majeure situation arises, the Vendor shall promptly notify the AGICL in writing of such condition and the cause thereof. Unless otherwise directed by the AGICL in writing, the Vendor shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. Termination for insolvency: AGICL may at any time terminate the contract by giving 30 days written notice to the Vendor if the Vendor becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Vendor, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the AGICL. Termination for convenience: 1. AGICL, may at any time by giving 30 days written notice to the Vendor, terminate the Contract, in whole or in part, for its convenience. The notice of termination shall specify that termination is for the AGICL/Purchaser?s convenience, the extent to which performance of the Vendor under the Contract is terminated, and the date upon which such termination becomes effective. 2. The goods that are complete and ready for shipment within thirty (30) days after the vendor?s receipt of notice of termination shall be accepted by the AGICL at the contract terms and prices. For the remaining Goods, the AGICL may elect to have any portion completed and delivered at the contract terms and prices at its discretion. Resolution of disputes: 1. The AGICL and the Vendor shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the contract. 2. If, after thirty (30) days from the commencement of such informal negotiations, the AGICL and the Vendor have been unable to resolve amicably a contract dispute, either party may require that the dispute be referred for resolution to the formal mechanisms specified here in. These mechanisms may include, but are not restricted to, conciliation mediated by a third party. 3. The dispute resolution mechanism shall be as follows: 4. In case of a dispute or difference arising between the AGICL and the Vendor relating to any matter arising out of or connected with this agreement, such disputes or difference shall be settled in accordance with the Arbitration and Conciliation Act, of India, 1996. The venue of such arbitration shall be Amaravati and the language of arbitration proceedings shall be English. Governing language: The contract shall be written in English or Telugu. All correspondence and other documents pertaining to the contract which are exchanged by the parties shall be written in same languages. Applicable law: The contract shall be interpreted in accordance with appropriate Indian laws. Notices: 1. Any notice given by one party to the other pursuant to this contract shall be sent to the other party in writing or by telex, email, cable or facsimile and confirmed in writing to the other party?s address. 2. A notice shall be effective when delivered or tendered to other party whichever is earlier. Taxes and duties: The vendor shall be entirely responsible for all taxes, duties, license fee Octroi, road permits etc. incurred until delivery of the contracted Goods/services at the site of the user or as per the terms of tender document if specifically mentioned. Licensing considerations: The software mentioned in the Schedules (if any) of Requirement will be used throughout Andhra Pradesh or user?s sites even outside Andhra Pradesh. Protection against damages- site conditions: 1. The system shall not be prone to damage during power failures and trip outs. The normal voltage and frequency conditions available at site are as under: a. Voltage 230 Volts b. Frequency 50Hz 2. However, locations may suffer from low voltage conditions with voltage dropping to as low as 160 volts and high voltage conditions with voltage going as high as 220 + 20% volts. Frequency could drop to 50Hz + 2%. The ambient temperature may vary from 10oC to 48oC. The relative humidity may range in between 5% to 95%. 3. The goods supplied under the contract should provide protection against damage under above conditions. Fail-safe procedure: The vendor should indicate in detail fail-safe procedure(s) for the following: 1. Power failure 2. Voltage variation 3. Frequency variation 4. Temperature and humidity variations. Training: For each hardware and software component installed, the Vendor may be required to train the designated AGICL and user personnel to enable them to effectively operate the total system. The training, if required, shall be given, as specified in section 1.4 at the AGICL Office locations specified. The training schedule will be agreed to by both parties during the performance of the Contract. Site Preparation and Installation: The Purchaser is solely responsible for the construction of the installation sites except where it is specifically required under bid document. The bidder will designate to perform a site inspection to verify the appropriateness of the sites before the installation of every hardware related item. Term & Duration: Supply, Installation, Testing, Commissioning, Integration, Demonstration & Handover of all the items of specified configuration as listed in section 1.3 of this tender document within 30 days from the date of signing of the contract to the 100% satisfaction of Officer-in-Charge, AGICL. This contract shall remain effective for the above period unless terminated earlier in accordance with Termination clause. This contract represents the entire agreement between Parties. While the Parties may discuss or exchange letters, emails regarding any amendments to this Agreement, any such modification of this Agreement shall be valid only if agreed mutually and duly signed by authorized signatories of both Parties. Not with-standing point (i) of this section, in the event of expiry of this Agreement, (a) without being terminated and (b) without a written extension being executed by both Parties, AGICL and the successful bidder duly acknowledge and agree that: ? Provision of technical services by the successful bidder for AGICL in the state of Andhra Pradesh (i.e. scope of services under this Agreement) and acceptance of such services by AGICL beyond the expiry of this Agreement in itself means the then valid terms and conditions of this Agreement shall be applicable and govern such services till such time the services are provided by The successful bidder and accepted by AGICL beyond the expiry of this Agreement, subject to approval of Managing Director, AGICL. ? It shall be deemed that this Agreement (along with any amendments agreed in writing by all parties) has been extended in writing by all Parties till such time the services are provided by the successful bidder and accepted by AGICL beyond the expiry of this Agreement subject to approval of Managing Director, AGICL. Communication: Any communication to be exchanged under this Agreement will have to be addressed to the Signatories of the Agreement or to such authorities who are designated to receive such communications. Authorities designated for this purpose

The bidder shall submit his response through Bid submission to the tender on eProcurement platform at www.apeprocurment.gov.in by following the procedure given below. The bidder would be required to register on the e-procurement market place https://tender.apeprocurement.gov.in and submit their bids online. Offline bids shall not be entertained by the Tender Inviting Authority for the tenders published in e-procurement platform. The bidders shall submit their eligibility and qualification details, Technical bid, Financial bid etc., in the online standard formats displayed in eProcurement web site. The bidders shall upload the scanned copies of all the relevant certificates, documents etc., in support of their eligibility criteria/technical bids and other certificate/documents in the eProcurement web site. The bidder shall sign on the statements, documents, certificates, uploaded by him, owning responsibility for their correctness/authenticity. The bidder shall attach all the required documents for the specific tender after uploading the same during the bid submission as per the tender notice and bid document. The Bidder shall also ensure prior to Final Bid submission that the Encryption certificate present in the DSC Key token is the same as that mapped into his Profile page in the Eprocurement system. Service provider shall not be responsible for Non-submission of Bid in case there is a variance in the Encryption certificate between the Key token and the Uploaded certificate in the Bidders profile in the Eprocurement system. Registration with eProcurement platform: For registration and online bid submission bidders may contact HELP DESK. https://tender.apeprocurement.gov.in Digital Certificate authentication: The bidder shall authenticate the bid with his Digital Certificate for submitting the bid electronically on eProcurement platform and the bids not authenticated by digital certificate of the bidder will not be accepted on the eProcurement platform. For obtaining Digital Signature Certificate, you may please Contact: You may please Contact Registration Authorities of any Certifying Authorities in India. The list of CAs are available by clicking the link https://tender.apeprocurement.gov.in/digital-signature.html# 3. Hard copies: i) Vide ref. G.O.Ms.No.174, I&CAD dept dated:1-9-2008, submission of original hard copies of the uploaded scanned copies of Proof of online Payment (Remittance)/BG towards EMD by participating bidders to the tender inviting authority before the opening of the price bid is dispensed forthwith. ii) All the bidders shall invariably upload the scanned copies of Proof of online Payment (Remittance)/BG in eProcurement system and this will be the primary requirement to consider the bid responsive. iii) The department shall carry out the technical evaluation solely based on the uploaded certificates/documents, Proof of online Payment (Remittance)/BG towards EMD in the eProcurement system and open the price bids of the responsive bidders. iv) The department will notify the successful bidder for submission of original hardcopies of all the uploaded documents Proof of online Payment (Remittance)/BG towards EMD prior to entering into agreement. v) The successful bidder shall invariably furnish the original Proof of online Payment (Remittance)/BG towards EMD, Certificates/Documents of the uploaded scan copies to the Tender Inviting Authority before entering into agreement, either personally or through courier or post and the receipt of the same within the stipulated date shall be the responsibility of the successful bidder. The department will not take any responsibility for any delay in receipt/non-receipt of original Proof of online Payment (Remittance)/BG towards EMD, Certificates/Documents from the successful bidder before the stipulated time. On receipt of documents, the department shall ensure the genuinity of the Proof of online Payment (Remittance)/BG towards EMD and all other certificates/documents uploaded by the bidder in eProcurement system. In support of the qualification criteria before concluding the agreement. 4. The GO. Ms. No. 174 -I&CAD dated: 1-9-2008 Deactivation of Bidders If any successful bidder fails to submit the original hard copies of uploaded certificates/documents, Proof of online Payment (Remittance)/BG towards EMD within stipulated time or if any variation is noticed between the uploaded documents and the hardcopies submitted by the bidder, as the successful bidder will be suspended from participating in the tenders on eProcurement platform for a period of 3 years. The eProcurement system would deactivate the user ID of such defaulting bidder based on the trigger/recommendation by the Tender Inviting Authority in the system. Besides this, the department shall invoke all processes of law including criminal prosecution of such defaulting bidder as an act of extreme deterrence to avoid delays in the tender process for execution of the development schemes taken up by the government. Other conditions as per tender document are applicable. The bidder is requested to get a confirmed acknowledgement from the Tender Inviting Authority a proof of Hardcopies submission to avoid any discrepancy. 5. Payment of EMD: It is mandatory for all participant bidders to electronically pay EMD Online by utilizing the 'Payment Gateway Service on E-Procurement platform'. The Electronic Payment Gateway accepts all Master and Visa Credit Cards issued by any bank and Direct Debit facility/Net Banking/NEFT payment modes through ICICI Bank and/or Axis Bank Payment Gateways to facilitate the transaction. This is in compliance as per G.O.Ms. 08 dated 08.05.2016. A GST of 18.00% + Bank charges on the transaction amount payable to APTS shall be applicable. In addition to this, Bidders can also pay the EMD through Download of PDF format of RTGS Challan for respective Payment gateway and pay the EMD through their Parent Bank account. Once the EMD is received by the EProcurement application, Bidders can automatically continue with their Bid Submission online. IMPORTANT NOTE REGARDING EMD PAYMENT: 1. Bidders are encouraged to use only Net banking facility for payment of EMDs as far as possible for faster refunds in case of unsuccessful Bids for the Tender. 2. Bidders are advised not to use RTGS Challan downloads at the penultimate hour of Bid submission closing as any delay by their banker would not enable Bid submission on the platform. Please allow a minimum of 60 minutes for enabling 'Continuation of Bid Submission' from the time the Pool Account receives credit of the EMD from the Bidders Bank for both NEFT and RTGS Transfers. For RTGS Transfers, the Pool Account can get immediate credit whereas NEFT transfers would follow RBI Payment Cycle time. 3. Bidders are advised to pay EMD Online atleast T-1 or T-2 days before Bid submission closing date (T= Bid submission closing date) to avoid last minute delays and denials of successful Bid submission and to take care of any delays in Banking procedures. Un Successful Bidder EMD Refund process: - The bid is declared unsuccessful, under the following circumstances. Bid submitted by the bidder is not the lowest bid. Upon Finalization of the L1 Bid. Technical Disqualification of the Bid in case of 2 cover system. EMD paid but bid not submitted EMD refund will be initiated by the Tender Inviting Authority directly and through Online only and through the same payment channels as EMD received by the Department. (RTGS / NEFT /Credit Card /Debit Card refund), within 30 days from the date of publishing the Decision / Result. However, Service Provider /GoAP will not be held responsible for the delays occurring due to banking channels/procedures/processes of the respective vendor. IMPORTANT NOTE REGARDING EMD REFUNDS: Bidders are requested to use discretion in their choice of payment channel for remittance of EMD. Time taken for Refunds under Ideal conditions: 1. Net Banking / NEFT / RTGS Challan: One (1) Banking Business Day from time of initiation of refund by Tender Inviting Authority subject to RTGS/NEFT timings of RBI. 2. Credit card/ Debit card: 7-10 working days from time of initiation of refund by the Tender Inviting Authority. However, this may be longer in case of certain bank cards. In case of delays, bidders are requested to contact the Card issuing Bank for faster resolution. 6. Payment of Transaction Fee: It is mandatory for all the participant bidders from 1st January 2006 to electronically pay a Non-refundable Transaction fee to M/s. APTS , the service provider through 'Payment Gateway Service on E-Procurement platform'. The Electronic Payment Gateway accepts all Master and Visa Credit Cards issued by any bank and Direct Debit facility/Net Banking of ICICI Bank, Axis Bank to facilitate the transaction. This is in compliance as per G.O.Ms. 13 dated 07.05.2006. A GST of 18.00% + Bank charges on the transaction amount payable to APTS shall be applicable. The participating bidders will pay a transaction fee @ 0.03% of ECV (estimated contract value) with a cap of Rs.10,000/- (Rupees ten thousand only) for all works with ECV upto Rs.50 crores, and Rs.25,000/- (Rupees twenty five thousand only) for works with ECV above Rs.50 crores, at the time of bid submission electronically. For tenders wherever ECV is not available i.e., for goods and services, the transaction fee shall be calculated on quoted value. GST as levied by the GOI on transaction fee, electronic payment gateway charges shall be borne by the bidders. 7. Corpus Fund: As per GO MS No.4 User departments shall collect 0.04% of ECV (estimated contract value) with a cap of Rs. 10,000 (Rupees ten thousand only) for all works with ECV upto Rs.50 Crores, and Rs. 25,000/- (Rupees twenty-five thousand only) for works with ECV above Rs.50 Crores, from successful bidders on eProcurement platform before entering into agreement / issue of purchase orders, towards eprocurement fund in favour of Managing Director, APTS . There shall not be any charge towards eProcurement fund in case of works, goods and services with ECV less than and upto Rs. 10 lakhs 8. Tender Document: The bidder is requested to download the tender document and read all the terms and conditions mentioned in the tender Document and seek clarification if any from the Tender Inviting Authority. Any offline bid submission clause in the tender document could be neglected. The bidder has to keep track of any changes by viewing the Addendum/Corrigenda issued by the Tender Inviting Authority on time-to- time basis in the E-Procurement platform. The Department calling for tenders shall not be responsible for any claims/problems arising out of this. 9. Bid Submission Acknowledgement: The bidder shall complete all the processes and steps required for Bid submission. The system will generate an acknowledgement with a unique bid submission number after completing all the prescribed steps and processes by the bidder. Users may also note that the bids for which an acknowledgement is not generated by the e-procurement system are treated as invalid or not saved in the system. Such invalid bids are not made available to the Tender Inviting Authority for processing the bids. The Government of AP are not responsible for incomplete bid submission by users.