GeM (Government e-Market) Keypoints

 GeM (Government e-Market)

Government e-Marketplace (GeM) is the National Public Procurement Portal for providing procurement of goods and services required by Central & State Government GeM 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 user goods & services in a transparent and an efficient manner.

Authorization: The purchases through GeM by Government users have been authorized and made mandatory by Ministry of Finance vide Rule No. 149 in the General Financial Rules, 2017.

Enabling provisions of Rule 149 of General Financial Rules- 2017

Rule 149 of GFR 2017 issued vide Ministry of Finance, Department of Expenditure Circular No F.No. 14(3)/2015-Ell(A) dated 08.03.2017 make GeM mandatory for all Government Organisations to make procurement for common user goods and services available through GeM.

The GeM portal shall be utilized by the Government buyers for direct online purchases as under:

(i) Up to Rs. 25,000/- through any of the available suppliers on the GeM, meeting the requisite quality, specification and delivery period.

(ii) Above Rs. 25,000/- and upto Rs. 5,00,000/- through the GeM Seller having lowest price amongst the available sellers, of at least three different manufacturers on GeM meeting the requisite quality, specification and delivery period. The tools for online bidding and online reverse auction available on GeM can be used by the buyer, if decided by the competent authority.

(iii) Above Rs. 5,00,000/- through the supplier having lowest price meeting the requisite quality, specification and delivery period after mandatorily obtaining bids using online bidding or reverse auction tool provided on GeM.

The invitation for the online e-bidding/reverse auction will be available to all the existing sellers or other sellers registered on the portal and who have offered their goods/services under the particular product/service category as per terms and conditions of GeM.

A demand for goods shall not be divided into small quantities to make piecemeal purchases to avoid procurement through L-1 buying / bidding / reverse auction on GeM or the necessity of obtaining the sanction of higher authorities required with reference to the estimated value of the total demand.

Proprietary Article Certificate (PAC) Buying:

While making procurement under PAC buying on GeM, buyer has to comply with following conditions:

In case a Govt. buyer on GeM wants to make procurement on proprietary basis on the GeM Portal after obtaining the requisite approvals/PAC certificate from their competent authority as per Rule 166 of GFR-2017, the Buyer can use PAC filter provided on GeM for selecting a specific model/ make available from a particular GeM Seller.

Purchase Options:

Following purchase options are available on GeM:-

1. Direct Purchase: Upto Rs. 25,000/- on single quotation.
2. Ll Purchase through comparative quotations above Rs. 25,000/- and below 5,00,000/-.
3. Bidding: Bidding is an offer (often competitive) to set a price by an individual or business for a product or service. 
4. Reverse Auction: A reverse auction is a type of auction in which the roles of buyer and seller are reversed. In a reverse auction, the sellers compete to obtain business from the buyer and prices will typically decrease as the sellers under bid each other.

Purchase Procedure:

• Direct Purchase: When the purchase amount is less than Rs. 25,000/- there is no need of doing comparison. Buyer can select any product as per their specification
• L1 Purchase - When the purchase amount is more than Rs. 25,000 and below 5,00,000/-, It is mandatory to do comparison of the products first. Buyer needs to select the L1 product.
• e-Bidding and Reverse Auction (RA): When the purchase amount is more than 5,00,000/- then the buyer has to go for Bidding/RA process.
• Prior to initiating e-Bidding / RA, the buyer shall judiciously search and shortlist lowest priced item among the items offered on GeM using filters such as quantity, technical parameters, warranty period, consignee location(s) etc. as per the requirement. The e-Bidding / RA invitation / Notice shall be published on GeM stipulating the last date for bid submission / opening of bids giving at least clear 10 days' time after the publication.
• Bid validity can be further extended for a maximum period of 90 days from the bid opening date with mutual consent between buyer and seller.
• Any amendment/ corrigendum to the e-bid invitation issued by the buyer will be made online and shall be uploaded on the GeM.
• The products offered in e-Bidding / RA cannot be withdrawn by the sellers from GeM during the bid validity period.
• The buyer reserves the right to postpone/cancel the e-bidding and accordingly intimation will be sent by e-mail to the bidders.
• The participation by the seller in e-bidding shall be construed as his / her acceptance for all the Terms and Conditions as outlined in the e-bidding including General Terms and Conditions (GTC), Special Terms and Conditions (STC) and Additional Terms and Conditions (ATC). However, the buyer shall have the right to decide the technical and commercial acceptability of the individual bids based on eligibility criteria and compliances as stipulated in the bid
• Buyers are not allowed to incorporate eligibility criteria and / or additional / special terms and conditions exterior to the GeM portal by making reference to any other website / documents etc.
• While finalizing e-Bid / RA, buyer shall indicate the exact amount of EMD (Earnest Money Deposit) required to be submitted by bidders in the form of e-Bank Guarantee on GeM portal in the prescribed format.
• Against any bidding or RA conducted on GeM, if a bidder quotes Nil charges / consideration, the bid shall be treated as non-responsive and will not be considered.
• 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.
• 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 reserves the right to accept/reject any bid including the lowest bid received through e-bid and/or annul the e-bidding process.
• In bid documents, buyers can incorporate suitable eligibility criteria and additional terms and conditions only using various filters and ATC module available in e-bidding / RA modules of GeM.
• In case, two or more acceptable bidders are found to have quoted identical lowest bid price, buyer has to conduct Reverse Auction for the required goods/services among these lowest acceptable bidders.

Roles and Responsibilities of Secondary Users:

(a) Buyers/Consignee:

• Select and compare the product
• Exercise purchase option as per financial limit.
• Create Bid/RA
• Generate demand
• Generate Sanction Order
• Generate Contract
• Receives the goods/services and issues an online Provisional Receipt Certificate (PRC) within 48 hours on receipt of item(s).

After verification including assessment of quality and quantity, the Consignee will Issue online digitally signed Consignee's Receipt & Acceptance Certificate (CRAC) for that stage within 10 days of date of issue of PRC.

(b) DDO/PAO:

DDO/PAO will login to process payment via any of the following modes of payment.

• GPA
• Internet Banking
• Other/Offline modes of payment.

Buyer's Responsibilities on GeM Portal are as follows,

• The buyers are responsible to ensure that the procurement done by them are in compliance of General Financial Rules and / or Rules Governing Public Procurement in respect of their organization, all GeM terms and conditions and other procurement Policies / Guidelines notified by the government from time to time, including timely payments as per GeM terms and conditions.
• The buyers (in all capacities i.e. as Buyer, Consignee, DDO, Paying Authority etc) are responsible to ensure that the procurement done by them are in compliance with GeM terms and conditions / guidelines and all contract related transactions are completed within time lines prescribed in GeM Contract.
• The buyers must ensure that they have the requisite authorization to enter into contract with seller(s) on GeM for and on behalf of the organization, failing which such individual(s) shall be individually liable for its actions and also for any liability arising out of such actions.
• While making procurement on GeM, the buyers shall judiciously search and shortlist items using filters such as quantity, technical parameters, delivery period, warranty period, consignee location(s), seller's eligibility etc. as per their approved
• The buyers shall satisfy themselves that the price of the selected offer is reasonable. Buyer is at liberty to utilize all the data / information and Business Analytics made available in GeM including e-bidding and reverse auction.
• The buyers before placing the order on GeM should have the required mandatory approval with prior sanction and approval of the competent authorities and shall be in compliance as per procedures outlined in GFR and other procurement guidelines issued by the Government from time to time.

• On award of the contract(s), it would be construed that the buyer 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).
• The buyers should not exercise any corrupt influence on any aspect of contract and commit to take all measures necessary to prevent corruption maintaining complete transparency and fairness in all activities related to GeM.
• Buyers are not allowed to place any order at GeM prices outside GeM. The prices on GeM are only applicable, if the procurement is made through GeM portal. Using GeM prices for procurement outside GeM portal is strictly prohibited. Further, buyers are not allowed to place any off-line contract to the seller directly based on the outcome of e-Bidding / RA conducted on GeM. All such contracts shall be treated as null and void and GeM reserves the right to delete all data related to such transactions from GeM database besides taking suitable actions against such buyers including suspension from GeM and / or reduction of buyer rating etc.

EMD submitted by the bidder shall be forfeited under the following conditions:-

• Withdraws or modify or impairs or derogates from the bid in any respect within the period of validity of its bid; or If it comes to notice that the information / documents furnished in its bid is false, misleading or forged; or fails to furnish requisite performance security / PBG within stipulated time required as per e-Bid / RA
• Notwithstanding above, GeM SPV (Special Purpose Vehicle) / GeM Admin also reserve the right to debar such seller from GeM portal. Such debarment shall be for minimum 3 months initially on first such offence and on repeat offence, the debarment period can be increased suitably by GeM SPV/ GeM Admin.
• By submitting a bid on GeM, the bidder explicitly undertakes to abide by the above
• Earnest money of unsuccessful bidders shall be returned within 15 days after the award of contract or expiry of bid validity whichever is earlier. Earnest money of successful bidder shall be returned within 15 days after receipt of Performance Security/ e-PBG (Electronic Performance Bank Guarantee).Note: Exemption of EMD for MSME will be dealt as per GeM provisions / Govt. of India Guidance.

• In case of RA, Start / Reference price and step value of decrement shall be indicated to the bidders at the start of the auction. Any participating bidder can bid one or multiple step decrement lower than the prevailing lowest bid at that time. The bidder shall be able to view bid start price, bid decrement value, prevailing lowest bid value and last bid placed by him. Whenever a lower price bid is received in the closing moment i.e. within 15 minutes of existing end time of Reverse Auction, the end time of Reverse Auction shall be extended automatically by another 15 minutes. All participant sellers of that RA shall be notified by the GeM system about extension of time through email and/or SMS and they shall be allowed to submit revised bid under the RA. The same process shall be repeated, if there is another lower bid received in the RA during last 15 minutes of RA.
• GeM / Buyer shall not have any liability to bidders for any interruption or delay in access to the GeM site / Reverse Auction link etc, irrespective of the cause.

Contract(s):

Following documents shall be construed to be part of the contract generated through GeM:-

• Scope of supply including price as enumerated in the contract document.
• General Terms and Conditions (GTC).
• Product / Service specific Special Terms and Conditions (STC).
• Bid / RA specific Additional Terms and Conditions (ATC).
• The terms and conditions stipulated in STC will supersede those in GTC and terms and conditions stipulated in ATC will supersede those in GTC and STC in case of any conflicting provisions.

Prices:

Offer price on GeM portal: The prices of the offered goods or services shall be firm and fixed at any point of time and shall be indicated in INR for each accounting unit. The seller can choose to offer goods or services at uniform GeM rate inclusive unit price for deliveries at locations across India on All India basis or for specified locations selected at the time of product listing. As such, for supply of Goods contract, no additional charges such as local levies / transportation / loading unloading charges etc., shall be payable over and above the contract price.

For selected freight intensive products, as notified on GeM, the seller may quote unit price inclusive of GST with delivery charge(s) (including transportation, loading unloading and local levies) payable extra as defined in the relevant categories. In respect of items requiring installation and / or commissioning and other services (as indicated in technical details of the item), the charges for the same shall also be included in the offered price on GeM.

Once a buyer carts a particular quantity of offered goods / service, during carting period as notified from time to time on GeM, rates for carted quantity for that buyer are frozen for a period as specified on the portal against any upward revision by seller. However advantage of any downward revision in the offer price of carted item shall be automatically provided to the buyer.

Offer price in e-Bidding: Bidder is required to indicate offer price in the price schedule as provided in the bidding document. Complete breakup of price as required must be indicated. However evaluation of the bid shall be on the basis of total price inclusive of delivery charges at consignee destination (unless otherwise specified in the ATC).

Offer price in RA: Bidder is required to indicate total offer price. Evaluation of the bid shall be on the basis of total price inclusive of delivery charges at consignee destination (unless otherwise specified in the ATC). Successful bidder shall have to provide complete breakup of the quoted price in the required price bid format before award of contract.

Performance Bank Guarantee:

There shall be no performance security / PBG requirement for contracts placed under Direct Purchase / L-1 Purchase option under para (i) and (ii) of GFR rule 149.

Duties & Taxes:

Offer Prices on GeM shall be on all-inclusive basis i.e. including all taxes, duties, local levies / transportation / loading-unloading charges etc. In case of Bid / RA, complete break-up of the quoted price in the required price bid format shall be furnished by the bidder, before award of contract.

Guarantee and Warrantee:

The goods/services supplied under the contract(s) shall be in accordance with the contract specifications & quality and the goods shall be brand new and have standard Guarantee/Warrantee for one year period from the date of final acceptance by the consignee unless otherwise specified in category specifications. Seller at the time of listing their product on GeM portal or offering their products against any Bid / RA, may accordingly provide longer Guarantee / Warrantee period (i.e. more than 1 year) and in such case, Guarantee / Warrantee period stipulation made in category specifications / Bid / RA document, shall prevail over standard Guarantee / Warrantee period of 1 year stipulated in these general terms and conditions.

Notwithstanding the fact that the buyer may have inspected and/or approved / accepted the said Goods, it is further guaranteed that if during the said guarantee / warrantee period, the Goods be discovered not to conform to the requisite description and quality and/or not giving satisfactory performance or have deteriorated, and the decision of the buyer in that behalf shall be final and binding on the seller and the buyer shall be entitled to call upon the seller to rectify and/or replace the Goods or such portion thereof as is found to be defective by the buyer within 7 days. Otherwise, the seller shall pay to the buyer such compensations that may arise by reasons of the warranty therein contained.

In cases requiring spares, the seller guarantees that they will supply Spare Parts, if and when required on agreed basis for an agreed price for a minimum period of three years from the date of expiry of warrantee period (unless otherwise specified in STC / ATC). The agreed basis could be, including but without any limitation, an agreed discount on the published catalogue or an agreed percentage of profit on the landed The aforesaid provisions made specifically for goods, shall also be applicable for services to the extent the same are practically possible.

Buyer/Consignee's Right of Rejection (Return Policy):

The Goods delivered shall bear the self-certified Manufacturer's/ Seller's Warranty/Guarantee. Buyer/Consignee shall have the right to inspect the supplied goods themselves and/or through their appointed agency at consignee's own cost, at consignee's site(s) after receipt and accept or reject on proper justification a ny consignment of the goods received within a period of 10 days (unless otherwise specified in STC or ATC) of receipt of consignment of goods. The date of receipt shall be reckoned from the date of receipt of the goods as notified in the Provisional Receipt Certificate (PRC) which will be issued online by consignee immediately after receipt of goods.

In case of service contract, the buyer reserves right to reject the same in conformance with the terms and conditions of the agreed Service Level Agreement (SLA). However such right to reject services offered by the seller under the contract shall be exercised by the buyer within 10 days (unless otherwise specified in STC or ATC) of the date of receipt of the service. The date & time of start and completion of the service, shall be indicated by the seller while raising online invoice for a specified period of service as per Service Level Agreement (SLA). The date of such invoice or the date of completion of the service, whichever is later shall be reckoned as date of receipt of the service.

On Acceptance / Part Acceptance or Rejection of Goods / Services, consignee will issue an online 'Consignee's Receipt cum Acceptance Certificate' (CRAC), which will form the basis of payments to the seller.

In case CRAC are not issued within 10 days of receipt as defined above, the concerned goods / services will be considered as deemed accepted and the consignee shall forfeit their right to reject the same.

No payment shall be made for rejected goods or services. After intimation of the rejection / part rejection by the buyer / consignee, the seller shall be liable to remove / lift back such rejected goods within 10 days without any extra charge/cost to the buyer / consignee failing which suitable ground rent / warehousing charges would be payable by the seller. If the seller fails to remove / lift back such rejected goods within reasonable time period, the buyer / consignee shall have the right to dispose off such rejected goods at the risk and cost of the seller.

Payment Authority and Payment Terms:

Payments shall be made to the seller in the manner mentioned below:

• For Goods: In case of goods, 100% payment will be released within ten (10) days of issue of consignee receipt-cum-acceptance certificate (CRAC) and on-line submission of bills unless otherwise specified in STC/ ATC.
• For Services: In case of services, 100% payments on the basis of monthly (unless otherwise specified) bills will be paid within ten (10) days of issue of Consignee Receipt-cum-Acceptance Certificate (CRAC) and on-line submission of bills unless otherwise specified in STC / ATC.

Terms of Delivery:

All the Goods or Services in the GeM shall be offered on Free Delivery basis at site including loading/unloading. In respect of items requiring installation, commissioning and other services in the scope of supply (as indicated in respective product category specification / STC / ATC), the cost of the same shall also be included in the offer price.

Delivery Period:

Seller shall indicate the quantity which can be supplied over the specified time period(s). The seller would offer these details, which would constitute the part of the awarded contract(s) in the GeM and would make a binding contract between the seller & the buyer. Any modification thereto shall be mutually agreed and incorporated in the contract. This delivery period/time shall be deemed to be essence of the contract and delivery must be completed not later than such date(s).

Extension of Delivery Period:

Buyer may on the request of the seller or otherwise, extend the delivery date suitably subject to the following conditions:

• The original delivery period may be re-fixed by the buyer without any Liquidated damages subject to Force Majeure conditions mentioned below and also on the ground/reasons of delay attributable to the buyer/ consignee.
• For other cases, provided the price trend is not lower, the delivery period may be suitably extended for which an amount equal to the Liquidated Damages for the extended period(s) for delay in the supply of the goods / services after the expiry of contract delivery period / re-fixed delivery period, shall be recovered from the seller as mentioned hereinafter for the extended period. No increase in price on any ground after the original / re-fixed delivery date shall be admissible during such extended period(s). Nevertheless the buyer shall be entitled to the benefit of any decrease in price on account of reduction in GST taking place during extended delivery period.

Liquidated Damages:

If the seller fails to deliver any or all of the Goods/Services within the original/re-fixed delivery period(s) specified in the contract, the buyer will be entitled to deduct/recover the Liquidated Damages for the delay, unless covered under Force Majeure conditions aforesaid @ 0.5% per week or part of the week of delayed period as pre-estimated damages not exceeding 10% of the contract value without any controversy/dispute of any sort whatsoever.

Force Majeure Conditions:

If at any time during the continuance of the contract, the performance in whole or in part by either party of any obligation under this contract shall be prevented or delayed by the reasons of any war, hostility, acts of the public enemy, epidemics, civil commotion, sabotage, fires, floods, explosion, quarantine restrictions, strikes, lockouts or act of God provided notice of happening of such event duly evidenced with documents is given by one party to the other within 10 days from the date of occurrence thereof, neither party shall be by reasons of such event, be entitled to terminate the contract nor shall either party have any claim for damages against the other in respect of such non-performance or the delay in performance and deliveries under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist and the decision of the buyer as to whether the deliveries have been so resumed or not shall be final and conclusive, Provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 10 days, either party may at its option terminate the contract provided also that the buyer shall be at liberty to take over from the seller at a price to be fixed by buyer, which shall be final, all unused, undamaged and accepted material, bought out components and goods in course of manufacture in the possession of the seller at the time of such termination or such portion thereof as the buyer may deem fit except such materials, bought out components and goods as the seller may with the concurrence of the buyer.

Dispute Resolution between Buyer and Seller:

AMICABLE SETTLEMENT: In the event of any question, dispute or difference arising connection with the contract, the parties shall use their respective reasonable endeavour to settle any dispute amicably. If a dispute is not resolved within 30 days after written notice of any dispute by one party to the other, the same shall be resolved through the mechanism of a co-ordination committee to be formed by the buyer and seller / service provider and to be chaired by the Primary User of Buyer Organization / Department along with representatives from buyer department and seller.

Arbitration:

• In the event of any question, dispute or difference arising under the terms and conditions of the contract placed through GeM, the same shall be referred to the sole arbitration by an officer nominated as Arbitrator by the Primary Buyer of the concerned Buyer Organization. There will be no objection that the arbitrator is a Government Servant and that he had to deal with the matters to which the contract relates or that in the course of his duties as a Government Servant, he has expressed views on all or any of the matters in dispute or difference. The award of the arbitrator shall be final and binding on the parties to the contract. The arbitration shall be governed as per Indian Arbitration and Conciliation Act 1996 as amended up to date. The place for arbitration shall be at the place from where contract has been placed by the buyer or at the place of primary buyer as decided by the primary buyer.
• In the event of the Arbitrator dying, neglecting or refusing to act or resigning or being unable to act for any reason, or his award being set aside by the court for any reason, it shall be lawful for the primary buyer to appoint another arbitrator in place of the outgoing arbitrator in the manner aforesaid. In respect of all contract placed through GeM, the dispute would not be referred or entertained by Micro and Small Enterprise Facilitation Council, Consumer Forum or any other adjudication forum.
• All disputes in connection with the contract, shall be subject to the exclusive jurisdiction of the Court within the local limits of whose jurisdiction, the place from where contract was issued is situated. GeM SPV would not be a party to any such dispute/matter.

Laws Governing the Contract:

The contract shall be governed by the laws of India for the time being in force.

Irrespective of the place of delivery, the place of performance or the place of payment under the contract, the contract shall be deemed to have been made at the registered address of the buyer and / or primary buyer.

Jurisdiction of Courts: The courts of the place from where the contract has been made shall alone have jurisdiction to decide any dispute arising out of or in respect of the contract. GeM SPV would not be a party to any such litigation.

Limitation of Liability:

Notwithstanding anything contained in this agreement, no party will be liable for any special, incidental or consequential damages arising out of or in connection with this agreement or any breach hereof (including for loss of data or profits, or cost of cover), whether or not such party has been advised of the possibility of such damages, and whether under a theory of contract, tort (including negligence) or otherwise; except for liabilities arising out of any violation, misappropriation or infringement of a party's intellectual property rights, or from a breach by either party of its obligation. In no event will either party's aggregate liability arising out of or in connection with this agreement or any breach hereof (whether under a theory of contract, tort (including negligence), warranty or otherwise) exceed the contract price entered into the contract between buyer and seller.

Termination for Default:

If the seller does not perform his obligations within the delivery period / Date mentioned in the contract, the same would constitute the breach of the contract and the buyer shall have the right to cancel or withdraw the contract for the unsupplied portion after the expiry of the original or re-fixed delivery date or period stipulated in the contract. Such cancellation of contract on account of non-performance by the seller would entitle the buyer to forfeit the performance security besides other actions such as downgrading the seller's rating or debarment from the GeM for specified period as decided by GeM on merits.

Closure of Transaction:

After satisfactory completion of all the obligations under the contract and release of payments for the Goods / Services, the transaction shall be treated as closed.

Grounds for Administrative Action against Seller's Misconduct in GeM:

The seller would be liable for administrative actions such as suspension / debarment / removal from GeM, if they fail to abide by any of the terms & conditions stipulated in this document and / or on the following grounds, if the seller:-

1. Listing the products / services not in the relevant categories and / or listing the same with vague / conflicting product specifications / details and irrelevant product photographs.
2. Offering Goods / Services without having proper authorization.
3. Supplies goods of inferior/ substandard quality.
4. Supplies refurbished or counterfeit products.
5. Withdraws or modify or impairs or derogates from the bid in any respect within the period of validity of its bid; or
6. If it comes to notice that the information / documents furnished in its bid is inaccurate, false, misleading or forged; or
7. Fails to furnish requisite performance security / PBG within stipulated time required as per e-Bid / RA conditions.
8. Fails to update GeM about any change in information furnished within the prescribed time limits.
9. Executes services without conforming to requirement given in Service Level Agreement (SLA)
10. Fails to execute an order/ contract or fail to execute it satisfactorily.
11. Is declared bankrupt or insolvent.
12. Fails to produce the requisite documents/ information during the course of inspection / assessment at any stage; and
13. On any other ground for which, in the opinion of GeM, the retention of the seller or any of its offered product in GeM is not in public interest.

The grounds mentioned above are illustrative only. Users are advised to read the list of prohibited activities published on the website.

List of Prohibitive Activities (Suggestive and Non-Exhaustive):

1. Indulging in Cyber Crime activities which can become a threat to the GeM or to the Government of India.
2. Advertising, exhibiting, representing, publishing, pronouncing, listing, delivering, exposing for sale, offering to sell any kind of Goods / Services which can cause any kind of infringement or disparagement of intellectual property rights.
3. Selling refurbished, counterfeit/fake products.
4. Offering to sell or selling above MRP and/or, any kind of misrepresentation of MRP including contravening the provisions of the Legal Metrology Act 2009.
5. Delivering some other product/ used product/ empty parcels.
6. Offering to sell or selling freebies which are written 'Not for sale' products.
7. Listing of the products on GeM without authorization to sell products manufactured by the OEM in open market.
8. Listing of the products is done on GeM website without warranty or genuine warranty.
9. Listing of the products is done in irrelevant / inappropriate categories and / or with vague / conflicting product specifications / details / irrelevant product photographs
10. The buyer / seller registering on GeM and / or offering or buying the goods and/or services and / or participating in e-Bidding / Reverse Auction on GeM, without the requisite authorization to enter into contract on behalf of the concerned legal entity. Failing which such individual(s) shall be individually liable for its actions and also for any liability arising out of such actions.
11. If any seller has been debarred from GeM then such seller or their authorized sellers shall also not be permitted to register and offer / sell their products on GeM and / or participate in Bids/ RA on GeM.
12. Using GeM prices for making procurement outside GeM Portal.
13. Splitting of demands by creating multiple Bids / RAs of same goods / services or making repeated procurements of same goods / services through L-1 buying as per rule 149(i) and 9(ii) of GFR-2017.