Rule 151 — GEM
Original Rule Text
General Terms and Conditions on GeM 4.0 (Version 1.26) dt 06th November, 2025 Page 7 of 52 This obligation will also apply to OEM's directly supplying the goods. Holding back any such offer or accounting such freebies in quantity supplied shall make such consignments liable to be rejected by the consignee and shall also be considered as inappropriate and against the GeM policies for which GeM reserves all rights to take necessary action against such Seller/OEM as deemed fit. By registering on GeM and by participating in any bid on GeM, Seller undertakes that presently it is not “Debarred from Bidding” on the grounds mentioned in Rule 151 of GFR 2017. xv. In case of drug manufacturer licensed under Drugs & Cosmetics Act 1940, drug manufacturers have to submit a notarized undertaking that the license for the product submitted by them has been issued under Drugs & Cosmetics Act, 1940 and is authentic and that the data of the same has been uploaded by the manufacturer on the SUGAM Portal under rule 84AB of Drugs Rules, 1945. Only such manufacturers who have given the said undertaking as above will be considered as authentic for registration on GeM. The said undertaking / affidavit to be submitted by the Drug Manufacturer, in prescribed form, would enable / empower Buyer / Ministry / Central Drugs Standard Control Organization (CDSCO) to initiate criminal proceedings in case of false declarations. xvi. By offering their product and fulfilling the basic need of regular updating of the stock on GeM as stipulated on the portal, the Seller agrees for the acceptance of the order placed through the Direct purchase and L1 purchase without any need for any acceptance or confirmation. The seller commits to hold the price and offer as valid till the date seller itself removes the product offer from GeM or changes the price in compliance with online price change guidelines / rule engines applicable in that category. The action as deemed fit may be initiated for the declining of the such orders as incident policy of the GeM. xvii. Bidders while participating in a bid should submit price element
(s) in Financial bid only. Accordingly, all bidders are advised not to mention any price element
(s) in the technical bid, else the offer shall be rejected as nonresponsive, except in case of Single Packet Bidding. xviii. All GeM Sellers / Service Providers are mandated to ensure compliance with all the applicable laws / acts / rules, including but not limited to, all Labour Laws such as The Minimum Wages Act, 1948, The Payment of Wages Act, 1936, The Payment of Bonus Act, 1965, The Equal Remuneration Act, 1976, The Payment of Gratuity Act, 1972, etc. Any non-compliance will be treated as breach of contract and Buyer may take suitable actions as per GeM Contract. xix. Seller / Service Provider, in line with Public Procurement (Preference to Make in India), Order 2017 dated 19th July, 2024 (as amended from time to time), shall provide selfcertification for local content in the quoted item (goods / services) at the time of bidding.