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Tender invited for Development of Train Collision Avoidance System

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discretion at the time during the 5 years after completion <strong>of</strong> warranty<br />

Period.<br />

3.7.3 Process <strong>for</strong> award <strong>for</strong> firms in Category I:<br />

(a) In case, in category I there are 1 or more firms, the distribution <strong>of</strong> work<br />

based on their total cost <strong>of</strong> all schedules shall be as under:<br />

No. <strong>of</strong> firms in category I L1 L2 L3<br />

At least three qualified<br />

<strong>Tender</strong>ers<br />

Approx. 50%<br />

(Contract<br />

Package A)<br />

Two qualified <strong>Tender</strong>ers Approx. 50%<br />

(Contract<br />

Packages – A)<br />

One qualified <strong>Tender</strong>er Approx. 50%<br />

(Contract<br />

Packages – A)<br />

Approx. 30%<br />

(Contract<br />

Package B)<br />

Approx. 30%<br />

(Contract<br />

Package B)<br />

Approx. 20%<br />

(Contract<br />

Package C)<br />

-<br />

- -<br />

(b) The process <strong>of</strong> negotiation and cost <strong>of</strong> award <strong>of</strong> contract shall be as<br />

per para 3.7.1. In case, L2 and / or L3 firm refuses to accept the counter<br />

<strong>of</strong>fer made at par with the rates negotiated, other remaining firms in<br />

category I shall be considered <strong>for</strong> award or else those contract package(s)<br />

shall be considered <strong>for</strong> firms in category II.<br />

3.7.4 Process <strong>for</strong> award to firms in category II:<br />

a) The firms in category II shall only be considered <strong>for</strong> award <strong>of</strong> contract<br />

package/packages left out due to insufficient number <strong>of</strong> firms in<br />

category I.<br />

b) Since, the firms in this category would not have actually demonstrated<br />

yet developed the product and are only considered adjudged capable<br />

<strong>of</strong> developing, initially the firm shall be given Letter <strong>of</strong> Intent (LOI)<br />

and shall be given 2 months time from issue <strong>of</strong> LOI to complete the<br />

development with equipment ready <strong>for</strong> field testing which will be<br />

verified by Technical Committee nominated by Competent Authority.<br />

Firm shall be required to submit the Security deposit equivalent to<br />

10% <strong>of</strong> LOI value with validity <strong>of</strong> at least 5 months on issue <strong>of</strong> LOI<br />

itself in <strong>for</strong>m <strong>of</strong> Bank Guarantee. In case, such tenderer(s) do not<br />

submit Bank Guarantee on issue <strong>of</strong> Letter <strong>of</strong> Intent within 15 days, it<br />

shall be assumed that they are not interested in the development <strong>of</strong><br />

TCAS at this stage and the Earnest Money submitted by them shall be<br />

<strong>for</strong>feited.<br />

(i) If the tenderer is able to demonstrate his capability, his LOI shall be<br />

converted into <strong>for</strong>mal Contract Agreement subject to Bank<br />

Guarantee being extended <strong>for</strong> Delivery Period + 90 days as per Para<br />

8 as Contract Per<strong>for</strong>mance Guarantee.<br />

(ii) In case <strong>of</strong> unsuccessful demonstration, the bank guarantee submitted<br />

by the <strong>Tender</strong>er on issue <strong>of</strong> LOI would be <strong>for</strong>feited. Further, the<br />

Railway Administration shall be under no legal obligation to enter<br />

into Agreement. The tenderer will have no legal recourse in case the<br />

Page 14 <strong>of</strong> 72 <strong>of</strong> Part-II Sec-II

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