Tender invited for Development of Train Collision Avoidance System

6. Intellectual Property Right (IPR):
6.1 RDSO is awarding this tender for development of TCAS technology based on the
scheme and specification prepared by RDSO and asking tenderers to carry out the
development and thereafter trials on sections identified. After successful
development of the system, the same shall be deployed on large scale over Indian
Railways. Also, there will be possibility of export of the system to other world
railways.
6.2. As such, the products so developed shall have joint IPR of RDSO and the tenderers
who have been awarded the tender. For this, they have to sign a separate
Memorandum of Understanding (MoU) which is mandatory on award of contract.
6.3. For supply of equipment to Indian Railways, no royalty needs to be shared with
RDSO. However, any export of the equipment during 10 years period from the
date of acceptance & approval of the system, 2% of the total payment received
against supply of TCAS shall be shared as royalty with RDSO.
7. CONTRACT PERFORMANCE GUARANTEE BOND/BANK GUARANTEE
The Contract Performance Guarantee shall be governed by IRS conditions with
clarification that Acceptance / Provisional acceptance as specified in Para 20 the SCC shall be
considered as “performance and completion” as mentioned in Para 0604 of IRS conditions
subject to submission of bank guarantee for an amount of 10% of contract value, as warranty
security as mentioned in Para 8.
8. WARRANTY
The Warranty Performance Guarantee of 10% of Contract Value with validity of total 24
months + 90 days for covering duration of 24 months warranty period shall be governed by
IRS conditions with following additional items as under.
8.1 All equipment and system supplied by the contractor shall be guaranteed against
the defects for a period of twenty four months from the date of Acceptance /
Provisional acceptance of system by RDSO.
8.2 During the period of warranty, the contractor shall remain responsible for setting
right the equipment and software/hardware changes if any required due to problem
if any noticed or modification if any needed during interoperability tests done with
other firms at his own cost. This decision of the Railway’s representatives in this
regard to direct the contractor to attend to any damage or defect shall be final and
binding on the contractor.
8.3 During the period of warranty, the contractor shall be responsible to the extent
expressed in this clause for any defect that may develop under the conditions
provided for by the contract and under proper use, arising from faulty check up of
hardware & software or form faulty execution by the contractor but not otherwise
and shall rectify such defects without an additional cost when called upon to do so
by the purchaser.
Page 25 of 72 of Part-II Sec-II