GEM Procurement of Goods Tender 2025 – Quantity Flexibility, GST Terms, CLND Act Compliance

Tender Overview

GEM (Government e-Marketplace) seeks the supply of goods under a flexible quantity regime, allowing up to 25% increased/decreased quantity at contracted rates. The contract emphasizes Goods Only supply with invoicing in the consignee’s GSTIN, and explicit GST-advisory notes. The buyer reserves rights to adjust quantity during and after contract at defined delivery windows. There is no BOQ item data, but the tender frames risk-sharing on delivery periods and potential extensions. The CLND Act 2010/2011 liabilities cap seller risk to the value of goods delivered and align with the product liability period. This procurement requires strong contract governance, with clear non-assignment/sub-contract clauses and termination rights for material non-performance.

• Organization: GEM
• Category: Goods Supply
• Location: Not specified in data
• Estimated Value: Not disclosed
• Key differentiator: Quantity fluctuation clause (up to 25%) and nuclear liability provisions
• Unique aspect: Invoicing must be in consignee GSTIN; strong liability sub-contract restrictions

Technical Specifications & Requirements

• Scope: Only supply of goods; no BOQ items available
• Quantity flexibility: Up to 25% increase/decrease at bid quantity; extended delivery time proportional to additional quantity with minimum 30 days
• Delivery terms: Period starts from last date of original delivery order; extended delivery calculated as (additional/original) × original period
• GST considerations: Bidder to verify GST; GST reimbursement as actuals or applicable rate not exceeding quoted GST%
• Invoicing: Invoice must be in the name of consignee with their GSTIN
• Legal: CLND Act liability limitation to value of goods or buyer’s liability, whichever lesser; duration aligned to product liability or initial license
• Compliance: No assignment or sub-contract without prior written consent; joint and several liability retained

Terms, Conditions & Eligibility

• EMD/Performance: Not disclosed in data; bidders should assume standard bid security per GEM practice
• Delivery: Extended delivery window calculated per option clause; minimum 30 days if needed
• Payment: GST handling as per applicable rates; payment terms aligned with GST compliance
• Documentation: Obtain and maintain GSTIN, PAN, and standard bid submission documents; OEM authorizations if applicable
• Termination: Buyer may terminate for material breach or delivery failure; claims process to be as per contract
• Liability: CLND Act-limited liability; joint liability with assignee/sub-contractor
• Restrictions: No transfer or subcontracting without consent; responsibility remains with seller