Power of Attorney Format for Gem Tender

SPECIAL POWER OF ATTORNEY FOR GOVERNMENT E-MARKETPLACE (GeM) TENDER PARTICIPATION

Document ID: POA-GEM-202X-0892
Effective Date: [Effective Date]
Version: 4.2
Governing Jurisdiction: [State / Country Jurisdiction]

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1. STATUTORY & LEGAL COMPLIANCE NOTICE

CRITICAL LEGAL NOTICE: This Special Power of Attorney (the "Instrument") is an institutional-grade legal framework drafted specifically for authorizing a designated representative or bidding agent to act on behalf of a corporate entity within the Government E-Marketplace (GeM) procurement ecosystem.

Modification of the core operative clauses without prior consultation with qualified corporate counsel may invalidate this instrument under applicable procurement regulations, contract laws, and digital signature statutes (including, but not limited to, the Uniform Electronic Transactions Act, ESIGN Act, or equivalent international equivalents). Both the Principal and the Attorney-in-Fact must execute this document before a commissioned Notary Public or equivalent legal authority where required by local statutory mandates.

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2. PARTIES & RECITALS

THIS SPECIAL POWER OF ATTORNEY is made and executed on this [Day] day of [Month], [Year] (the "Effective Date"), by and between:

THE PRINCIPAL:
[Company Full Legal Name], a corporation duly organized and existing under the laws of [State/Country of Incorporation], having its principal place of business and registered office at [Principal Address] (hereinafter referred to as the "Principal", which expression shall unless repugnant to the context include its successors and permitted assigns);

AND

THE ATTORNEY-IN-FACT (AGENT):
[Agent Full Legal Name], residing at [Agent Residential/Business Address], holding Passport/Identification Number [Agent ID Number] (hereinafter referred to as the "Attorney-in-Fact" or "Authorized Representative", which expression shall unless repugnant to the context include his/her successors and legal representatives).

RECITALS:

WHEREAS, the Principal is actively engaged in the business of [Core Business Description/Industry] and possesses the requisite commercial, technical, and operational capabilities to participate in public procurement opportunities;

WHEREAS, the Government E-Marketplace (GeM), established by the Ministry of Commerce and Industry, Government of India (or equivalent public procurement portal), has published a tender/bid bearing Bid/GeM Portal ID: [Insert GeM Bid/Tender Number] dated [Insert Tender Date] for the procurement of [Insert Brief Description of Goods/Services] (hereinafter referred to as the "Tender");

WHEREAS, the Principal desires to nominate, constitute, and appoint the Attorney-in-Fact as its true and lawful representative to execute, submit, manage, and finalize all documentation, bids, negotiations, and digital workflows required for and incidental to the Tender on the GeM Portal;

NOW, THEREFORE, THIS INSTRUMENT WITNESSETH that in consideration of the mutual covenants, premises, and legal appointments herein contained, the Principal does hereby grant, confer, and assign the following powers unto the Attorney-in-Fact:

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3. EXHAUSTIVE OPERATIVE CLAUSES & LEGAL TERMS

SECTION 1: SCOPE OF APPOINTMENT & AUTHORITY

1.1 Grant of Authority: The Principal hereby nominates, constitutes, and appoints the Attorney-in-Fact as its true and lawful attorney-in-fact, granting full power and authority to act on behalf of the Principal in connection with GeM Tender ID [Insert GeM Bid/Tender Number]. 1.2 Specific GeM Operations: The scope of authority granted herein includes, but is not limited to:

• Accessing, managing, and operating the Principal’s corporate profile and primary/secondary user accounts on the GeM Portal.
• Preparing, compiling, signing, and submitting technical bids, financial bids, commercial proposals, and statutory compliance declarations required under the Tender.
• Executing digital signatures (DSC - Class III) and electronic authentications on behalf of the Principal for all tender submissions and contract execution stages.
• Responding to pre-bid queries, clarification requests, technical evaluations, and reverse auctions conducted via the GeM Portal.
• Negotiating terms, pricing, and delivery schedules with the procuring government entity up to a maximum financial exposure or contract value of [Amount in USD / Local Currency].
• Executing the final Contract/Rate Contract, Service Level Agreements (SLAs), and post-award documentation generated through the GeM portal upon successful bid adjudication.

SECTION 2: COMPENSATION, EXPENSES & FINANCIAL COVENANTS

2.1 Nature of Appointment: This Special Power of Attorney is executed for the express purpose of facilitating the Principal's commercial bid operations and does not constitute an independent commercial services contract regarding fee-based agency compensation unless separately governed by a Master Services Agreement between the Principal and the Attorney-in-Fact. 2.2 Reimbursement of Expenses: The Principal shall promptly reimburse the Attorney-in-Fact for all reasonable, pre-approved, out-of-pocket expenses incurred directly in the execution of the powers granted herein, including statutory filing fees, digital signature procurement costs, and notarization charges, subject to the presentation of valid itemized invoices and receipts within [30] days of expenditure.

SECTION 3: TERM, REVOCATION & TERMINATION

3.1 Term: This Special Power of Attorney shall commence on the Effective Date and shall automatically expire upon the earliest of: (a) the formal award of the Tender to a third party where the Principal's bid is rejected; (b) the complete execution and fulfillment of the contract awarded pursuant to the Tender; or (c) [Insert Expiration Date, e.g., 180 days from Effective Date]. 3.2 Revocation by Principal: The Principal reserves the right to revoke, amend, or modify this Power of Attorney at any time, with or without cause, by providing written notice of revocation delivered via certified mail or verifiable electronic communication to the Attorney-in-Fact and notifying the relevant GeM portal administrative authorities. Such revocation shall not prejudice any bona fide acts lawfully performed by the Attorney-in-Fact prior to the receipt of such notice.

SECTION 4: INTELLECTUAL PROPERTY & DATA PRIVACY

4.1 IP Retention: All intellectual property rights, proprietary pricing models, corporate collateral, technical designs, and confidential databases utilized by the Attorney-in-Fact during the Tender process shall remain the exclusive property of the Principal. 4.2 Data Protection: The Attorney-in-Fact covenants to handle all proprietary corporate data, login credentials, and digital certificates in strict compliance with applicable data privacy laws, utilizing the same degree of care it uses for its own confidential information, but no less than a reasonable standard of care.

SECTION 5: MUTUAL CONFIDENTIALITY & NON-DISCLOSURE

5.1 Definition of Confidential Information: "Confidential Information" shall include all non-public information, trade secrets, pricing strategies, technical specifications, and financial statements disclosed by the Principal to the Attorney-in-Fact in connection with the GeM Tender. 5.2 Obligations: The Attorney-in-Fact agrees not to disclose, divulge, or communicate any Confidential Information to any unauthorized third party without the prior express written consent of the Principal, except as strictly required by law, court order, or the operational rules of the GeM portal.

SECTION 6: REPRESENTATIONS & WARRANTIES

6.1 Authority of Principal: The Principal represents and warrants that it possesses full corporate power, legal right, and institutional authority to execute this instrument and to grant the powers contained herein, and that all necessary corporate resolutions (Board of Directors / Managing Committee) have been duly passed to authorize this appointment. 6.2 Authority of Agent: The Attorney-in-Fact represents and warrants that he/she possesses the legal capacity, professional competence, and lack of statutory disqualification to accept this appointment and execute the duties contemplated herein.

SECTION 7: LIMITATION OF LIABILITY & INDEMNIFICATION

7.1 Indemnification by Agent: The Attorney-in-Fact agrees to defend, indemnify, and hold harmless the Principal, its directors, officers, and employees from and against any and all claims, liabilities, losses, damages, or expenses (including reasonable attorneys' fees) arising directly out of the gross negligence, willful misconduct, fraud, or unauthorized ultra vires acts of the Attorney-in-Fact outside the scope of authority granted under this Instrument. 7.2 Limitation of Principal Liability: The Principal shall not be liable to the Attorney-in-Fact for any indirect, incidental, consequential, or punitive damages arising out of the premature revocation of this Power of Attorney.

SECTION 8: DISPUTE RESOLUTION & ARBITRATION

8.1 Negotiation and Escalation: In the event of any dispute, controversy, or claim arising out of or relating to this Instrument, the parties shall first attempt in good faith to resolve the matter through senior management negotiation within [15] business days of written notice. 8.2 Binding Arbitration: If the dispute remains unresolved, it shall be finally settled by binding arbitration administered by [Name of Arbitration Institution, e.g., American Arbitration Association / SIAC] in accordance with its commercial arbitration rules. The place of arbitration shall be [City, State/Country], and the proceedings shall be conducted in the English language before a sole arbitrator.

SECTION 9: GOVERNING LAW & JURISDICTION

9.1 Choice of Law: This Instrument, and all claims or causes of action arising out of or relating to it, shall be governed by, construed, and enforced in accordance with the substantive laws of [State / Country Jurisdiction], without regard to its conflict of laws principles. 9.2 Exclusive Forum: Subject to Section 8, the courts located in [City, State/Country] shall have exclusive jurisdiction to resolve any legal proceedings arising out of this Instrument.

SECTION 10: MISCELLANEOUS PROVISIONS

10.1 Severability: If any provision of this Instrument is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect. 10.2 Counterparts: This Instrument may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Execution and delivery via digital signature platforms (e.g., DocuSign, Adobe Sign) shall have the same legal validity as manual wet-ink signatures. 10.3 Entire Agreement: This Instrument constitutes the entire understanding between the Principal and the Attorney-in-Fact regarding the specific subject matter hereof and supersedes all prior oral or written agreements, representations, or understandings.

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4. EXECUTION & FORMAL SIGNATURE BLOCKS

IN WITNESS WHEREOF, the Principal has caused this Special Power of Attorney to be duly executed by its authorized corporate officer and the Attorney-in-Fact has hereunto set his/her hand and seal as of the Effective Date first written above.

FOR [COMPANY FULL LEGAL NAME] (PRINCIPAL):

Signature: _____________________________________
Printed Name: [Authorized Signatory Name]
Title: [Title / Role, e.g., Managing Director / CEO]
Company: [Company Full Legal Name]
Date: [Date]

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FOR [AGENT FULL LEGAL NAME] (ATTORNEY-IN-FACT):

Signature: _____________________________________
Printed Name: [Agent Full Legal Name]
Title: [Title / Role, e.g., Authorized Bidding Agent]
Date: [Date]

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NOTARY PUBLIC ACKNOWLEDGEMENT (MANDATORY JURAT)

State of [State], County of [County]

On this [Day] day of [Month], [Year], before me, the undersigned notary public, personally appeared [Authorized Signatory Name], known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained as the voluntary act and deed of [Company Full Legal Name].

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Notary Public Signature
My Commission Expires: [Expiration Date]
(SEAL)

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5. STEP-BY-STEP EXECUTION & FILING GUIDE

1. Document Preparation: Open this document in Microsoft Word or Google Docs. Utilize the Find and Replace function to substitute all bracketed placeholder text (e.g., [Company Full Legal Name], [Effective Date], [Amount in USD]) with accurate, verified corporate and tender data.
2. Corporate Authorization Verification: Ensure that a formal Board Resolution or Extract of Board Minutes has been passed by the Principal’s Board of Directors authorizing [Authorized Signatory Name] to execute this Power of Attorney on behalf of the corporation.
3. Execution & Signing:
   • Wet-Ink & Notarization: Print the finalized document. The Principal's authorized officer and the Attorney-in-Fact must sign in the presence of a commissioned Notary Public. Ensure the Notary completes the Jurat and applies their official seal.
   • Digital Execution: If executed electronically, utilize an enterprise-grade digital signature platform (such as DocuSign or Adobe Sign) compliant with local e-signature laws, incorporating multi-factor authentication for the signatories.
4. GeM Portal Upload: Scan the fully executed, notarized Power of Attorney (in PDF/A format) and upload it directly to the designated "Authorization Documents / Tender Compliance" section of the GeM Portal under Bid ID [Insert GeM Bid/Tender Number].
5. Record Retention: Archive the original wet-ink notarized document (or cryptographically verified digital audit trail) within the Principal’s corporate legal repository for a minimum statutory retention period of [7] years following the close of the tender contract.