INVITATION TO TENDER GOVERNMENT OF ... - Indian Railway
INVITATION TO TENDER GOVERNMENT OF ... - Indian Railway
INVITATION TO TENDER GOVERNMENT OF ... - Indian Railway
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<strong>INVITATION</strong> <strong>TO</strong> <strong>TENDER</strong><br />
<strong>GOVERNMENT</strong> <strong>OF</strong> INDIA (BHARAT SARKAR)<br />
MINISTRY <strong>OF</strong> RAILWAYS (RAIL MANTRALAYA)<br />
(RAILWAY BOARD)<br />
No.RS(POL)/ 58/0506/2013 dated: 31.05.2012<br />
To<br />
M/s _________________________,<br />
_________________________,<br />
_________________________.<br />
On behalf of the purchaser viz. President of India, Bids are invited (in the enclosed offerform)<br />
for the supply of the stores detailed in the schedule to tender attached.<br />
2. The conditions of contract which will govern any contract made under this tender will be as<br />
follows (attached): -<br />
i) <strong>Indian</strong> <strong>Railway</strong>s standard conditions of contract as amended to date.<br />
ii) Instructions to tenderers attached.<br />
iii) Conditions in the Schedule to tender.<br />
iv) Special conditions to this invitation to tender (Annexure I) attached &/or conditions<br />
agreed mutually.<br />
3. If you are in a position to quote for supply in accordance with the requirements stated in<br />
attached schedule to tender, you may submit your offer, duly signed and complete in all respects. A<br />
list of questions attached should be answered and returned with the tender.<br />
4. Your tender should be submitted in duplicate in the prescribed form and should be addressed<br />
to the Director, <strong>Railway</strong> Stores (POL), Ministry of <strong>Railway</strong>s, <strong>Railway</strong>. Board, Room No.156/15,<br />
Rail Bhavan, New Delhi - 110001. This tender is not transferable.<br />
5. Appendices ‘A’ to ‘I’, may also be read carefully & complied.<br />
(Suresh Menghnani)<br />
Director, <strong>Railway</strong> Stores (POL)<br />
<strong>Railway</strong> Board.<br />
For & on behalf of the President of India
<strong>OF</strong>FER-FORM<br />
Tender No. RS (POL)/58/0506/2013<br />
From:<br />
_________________________<br />
_________________________<br />
_________________________<br />
Telegraphic Address<br />
Telephone Nos.:<br />
(Works)_____________________<br />
(Res.)_______________________<br />
(Mobile)_____________________<br />
FAX No._______________________<br />
To<br />
DIREC<strong>TO</strong>R RAILWAY. S<strong>TO</strong>RES (POL)<br />
RAILWAY BOARD,<br />
ROOM NO.156 / 15, RAIL BHAVAN,<br />
NEW DELHI-110001<br />
Dear Sirs,<br />
1. I/We hereby offer to supply the stores detailed in the schedule hereto or such portion thereof<br />
as you specify in the acceptance of tender at the price given in the said schedule.<br />
2. I/We agree to keep our offer valid for acceptance for a period of 150 days from the date of<br />
opening and shall be bound by a communication of acceptance despatched within the prescribed<br />
time.<br />
3. I/we have read and understood the instructions to tenderers, IRS conditions of contracts as<br />
amended to date and conditions in the schedule to tender and have also thoroughly examined the<br />
relevant specifications and are fully aware of the nature of the stores required and undertake to<br />
supply the stores strictly in accordance with the requirements.<br />
Yours faithfully,<br />
(Signature of Tenderer)<br />
Date_________________<br />
Signature of witness<br />
Name and address<br />
Schedule to Tender<br />
Name(in Block letters:)______________________________<br />
Capacity in which tender is signed_____________________<br />
Address of firm in full: M/s __________________________<br />
__________________________<br />
__________________________
Price per set: 2000/-<br />
<strong>GOVERNMENT</strong> <strong>OF</strong> INDIA (BHARAT SARKAR)<br />
MINISTRY <strong>OF</strong> RAILWAYS (RAIL MANTRALAYA)<br />
(RAILWAY BOARD)<br />
SCHEDULE <strong>OF</strong> ADV. <strong>TENDER</strong> NO.<br />
TIME & DATE <strong>OF</strong> RECEIPT <strong>OF</strong> <strong>TENDER</strong><br />
RS(POL)/58/0506/2013 14.30 Hrs. ON 17.07.2012<br />
<strong>OF</strong>FER SHALL REMAIN OPEN FOR<br />
ACCEPTANCE UP<strong>TO</strong><br />
TIME & DATE <strong>OF</strong> OPENING <strong>OF</strong> <strong>TENDER</strong><br />
13.12.2012 15.00 Hrs. ON 17.07.2012<br />
ITEM DESCRIPTION <strong>OF</strong> S<strong>TO</strong>RES QUANTITY RATES ( ` PER KG )<br />
NO. <strong>OF</strong><br />
<strong>TENDER</strong><br />
(MTs)<br />
(Approx.)<br />
IN<br />
FIGURES<br />
IN<br />
WORDS<br />
(1) (2) (3) (4) (5)<br />
Branded greases conforming<br />
to relevant specifications for<br />
the following brands/types of<br />
grades of products or<br />
equivalent brands/grades as<br />
approved by RDSO for regular<br />
and unrestricted use:<br />
1.<br />
SERVOGEM RR-3 (IOC)<br />
BALMEROL<br />
MULTI-GREASE ‘LL-3’ (BL<br />
& CO.)/ MAK RR GREASE –<br />
3 (BPC) Conforming to RDSO<br />
specification No.WD-17-misc.-<br />
92 (eff. Jan 1993)<br />
1730.00 MTs<br />
2.<br />
SERVOCOAT 170-T<br />
(IOC)/BALMEROL BLUE<br />
COAT –‘3’ (BL & CO.)/ MAK<br />
CAMEX COMPOUND-(G)<br />
(BPC)<br />
2484.00 MTs<br />
Contd…1A/-
-1A-<br />
NB:<br />
1. Brands which are approved by RDSO are only eligible for consideration.<br />
2. Supplies required in packed condition (200/210 Kgs. drums or approx180/200 Kgs. capacity<br />
drums.)<br />
3. Price should be quoted both in words as well as in figures. Any ambiguity may result in the<br />
offer liable to be ignored.<br />
4. Please refer to IRS Conditions of Contract & Instructions to Tenderers attached.<br />
5. Tender is not transferable<br />
6. It is a multi item tender. Offer value for individual item will be criteria to evaluate inter-seranking<br />
of tenderers.<br />
7. Estimated quantity required in each <strong>Railway</strong>(Zonal <strong>Railway</strong>/PU) is given in Annexure-II.<br />
-------------
TABLE- ‘A’<br />
(please fill up Table ‘A’ carefully)<br />
1. Delivery terms(F.O.R –destination)<br />
2. Discount, if offered<br />
3. Is sales tax/VAT extra @<br />
4. If so, indicate rate and nature of Sales<br />
Tax/VAT and credit on inputs @<br />
5. Is excise duty inclusive/exclusive @ :<br />
6. Indicate the rate of Excise Duty along with<br />
assessable value :<br />
7. DELIVERY PERIOD<br />
(See clause No.4 of “Special Conditions of<br />
Tender”)<br />
8. After placement of contract the delivery<br />
will commence within<br />
Stores are required on Running-Contract<br />
basis during the period from 01.01.2013 to<br />
31.12.2013.<br />
__________months<br />
9. Monthly rate of supply MTs per month<br />
10. After placement of contract the delivery<br />
will be completed within<br />
________months<br />
11. Payment Terms*<br />
12. Whether earnest money deposited (If no,<br />
reasons)<br />
(See clause No. 14 of “Instructions to<br />
tenderers”)<br />
Contd... TABLE ‘A’
-2-<br />
13. Whether ready to deposit Security money.<br />
(If no, reasons)<br />
(See clause No. 16 of “Instrctions to<br />
tenderers ”)<br />
* IRS conditions may please be referred, read with clause 9 of Special Conditions of Tender. .<br />
@ In case ST/ED/VAT is quoted extra but with the provision that it will be charged as applicable at<br />
the time of supply; the offer shall be evaluated for comparison purpose by loading maximum<br />
existing rate of ED&Sales Tax/VAT for the product.<br />
(Signature of Tenderer)<br />
Date_________________<br />
Name in Block letters:______________________________<br />
Capacity in which tender is<br />
signed_____________________<br />
Address of firm in full: M/s.______________________<br />
________________________<br />
________________________<br />
Signature of witness<br />
Name and address<br />
___________________________<br />
___________________________<br />
___________________________
1. General Instructions:<br />
INSTRUCTIONS <strong>TO</strong> <strong>TENDER</strong>ERS<br />
1.1 On behalf of President of India, Ministry of <strong>Railway</strong>s, (Rail Mantralaya), (<strong>Railway</strong> Board),<br />
New Delhi, India (hereafter referred to as the Purchaser), invites tender from established and<br />
reliable manufacturer for the supply as set forth in the “Schedule of requirements”<br />
1.2 All offers should be submitted before the time and date fixed for the receipt of offers as set<br />
forth in the tender papers. Offers received after the stipulated time and date, are liable to be rejected.<br />
1.3 All information in the offer must be in English. Information in any other language must be<br />
accompanied by its authenticated translation in English; failure to comply with this may render the<br />
offer liable to be rejected. In the event of any discrepancy between an offer in a language other than<br />
English and its English translation, the English translation will prevail.<br />
2. Stores are required at: Various consignees of <strong>Railway</strong>s spread all over India.<br />
3. Indentor: Various indentors of <strong>Indian</strong> <strong>Railway</strong>s.<br />
4. Method of Purchase<br />
To conclude Running Contract by inviting offer through ‘Advertised Tender’.<br />
5. Qualifying Requirements Of Tenderers<br />
5.1 The tenderer shall provide a satisfactory evidence acceptable to the Purchaser to show that<br />
(a) he is an RDSO approved vendor for the items offered and has adequate technical<br />
knowledge and practical experience;<br />
(b) he has adequate financial stability and status to meet the obligations under the contract<br />
for which he is required to submit report from a recognised Bank or a financial<br />
institution;<br />
(c) There is an established quality control system and organisation to ensure adequate<br />
control at all stages of manufacturing process.<br />
5.2 For purpose of para-5.1, the tenderers should additionally submit :-<br />
(a) a statement indicating details of production capacity & equipment employed and quality<br />
control measures adopted as in Appendix-C, D & G.<br />
5.3 In addition to above, further information regarding his capacity/capability, if required by the<br />
Purchaser shall promptly furnished by the tenderer.<br />
.....2/-
-2-<br />
5.4 Tenderer not submitting the requisite information may note that his offer is liable to be<br />
ignored.<br />
6. Time Schedule<br />
6.1 The basic consideration and the essence of the contract shall be the strict adherence to the<br />
time schedule for the supply of item/items offered.<br />
6.2 The time and the date specified in the contract for the delivery of the stores and equipment<br />
shall be deemed to be the essence of the contract and the delivery must be completed not later than<br />
the date so specified. The attention of the tenderers is invited to clauses regarding liquidated<br />
damages and default in the IRS Conditions of Contract by which the contract shall be governed.<br />
6.3 In case of failure on the part of supplier to arrange supplies as per the delivery schedule/<br />
instalments fixed in advance, save force majeure conditions or delays attributable to<br />
purchaser, the purchaser reserves the right to levy liquidated damages which shall be<br />
levied as under:<br />
Liquidated Damages & not by way of penalty, a sum equivalent to 2% (Two percent)<br />
of the price of any stores (including elements of taxes, duties, freight etc.) which the<br />
contractor has failed to deliver within the period fixed for delivery in the contract or as<br />
extended for each month or part of a month during which the delivery of such stores<br />
may be in arrears where delivery thereof is accepted after expiry of the aforesaid period,<br />
subject to a maximum of 10% of value of the delayed supplies.<br />
6.4 Upper limit for recovery of liquidated damages in supply contracts will be 10% (TEN<br />
PERCENT) of value of delayed supplies irrespective of delays, unless otherwise provided<br />
,specifically in the contract.<br />
7. Right of Acceptance<br />
7.1 The purchaser reserves the right to place order for a part quantity. The purchaser reserves the<br />
right to reject any or all the tenders, without assigning any reason whatsoever, and its decision will<br />
be final.<br />
7.2 The purchaser may consider for acceptance the alternative specifications duly approved by<br />
the competent authority which ensure equal or higher quality than this specification mentioned in<br />
the tenders specifications. However, the decision of purchaser in this regard shall be final. In this<br />
connection, attention of tenderer is invited to the “Statement of deviations” from tender<br />
specifications (Appendix E) which should invariably be filled and submitted along with the offer<br />
and further two copies of the alternative specifications offered should be sent along with offer.<br />
…..3/-
-3-<br />
7.3. Split Ordering<br />
The Purchaser reserves the right to distribute the procurable quantity on one or more of the<br />
eligible tenderers. Zone of consideration of such eligible tenderers will be the right of the Purchaser.<br />
(i)<br />
Whenever such distribution/splitting of the tendered/ procurable quantity is made, the<br />
quantity distribution will depend (in an inverse manner) upon the differential of rates<br />
quoted by the tenderers (other aspects i.e. adequate capacity – cum – capability,<br />
satisfactory past performance of the tenderers, outstanding orders load for the <strong>Railway</strong><br />
making the procurement, quoted delivery schedule vis-à-vis the delivery schedule<br />
incorporated in the tender enquiry etc. being same/similar) in the manner detailed in the<br />
table below:<br />
Price differential<br />
between L1 & L2.<br />
Quantity distribution ratio between L1 and L2<br />
Upto 3% 60:40<br />
More than 3% and 65:35<br />
upto 5%<br />
More than 5% At least 65% on the L1 tenderer. For the quantity to be<br />
ordered on the L2 tenderer, TC/TAA should decide<br />
keeping in view conditions laid down below.<br />
(ii) If splitting of quantity is required to be done by ordering on tenderers higher<br />
than theL2 tenderer, then the quantity distribution proportion amongst the<br />
tenderers will be decided by transparent/logical/ equity based on extrapolation of<br />
the model as indicated in Para (i) above.<br />
(iii) The purchaser reserves the right to counter offer the lowest acceptable rate for bulk<br />
ordering to the higher tenderer(s). In the event of rejection of such counter offer(s), the<br />
purchaser will reserve their right to decide on the quantity distribution ratio/proportion.<br />
(iv) The rate of the highest eligible tenderer within the zone of consideration has to be,<br />
per-se, reasonable to the Purchaser.<br />
(v)<br />
In the cases of inadequate capacity-cum-capability, dissatisfactory past performance,<br />
large quantity of outstanding orders (liquidation of which will take very long time) etc.,<br />
the Purchaser shall have the right to distribute the procurable quantity amongst tenderers<br />
with due consideration to these constraints and in such a manner as would ensure timely<br />
supply of materials in requisite quantity to meet the needs of operation, maintenance,<br />
safety etc. of the <strong>Railway</strong>s, regardless of inter-se ranking of the tenderers and in a fair and<br />
transparent manner with due conformity to the Principle of natural Justice and Equity.<br />
.... 4/-
-4-<br />
8. Performance Statement<br />
i) All tendering firms who have got orders from <strong>Railway</strong>s or <strong>Railway</strong> Board or from other govt.<br />
agencies should furnish their performance as on the last day of month preceding the date of opening<br />
of tenders, (Appendix-’B’) in the proforma, failing which their offer is liable to be ignored.<br />
(ii)<br />
Tenderers should also furnish the following particulars in their tenders.<br />
a) Total Quantity and value of the orders received from <strong>Railway</strong>s in the period, three years<br />
preceding the month of opening of this tender.<br />
b) Total Quantity and value of quantity supplied in the period mentioned in (a ) above<br />
c) Reasons for non-acceptance of balance quantity.<br />
d) Total Quantity and value of the Quantity supplied in the period mentioned in (a) above.<br />
e) Balance Quantity to be supplied.<br />
f) Reasons for the backlog.<br />
iii) The performance of the firms holding the current RGC will also be considered for the fresh<br />
RGC, if otherwise eligible against this tender enquiry.<br />
9. Price<br />
9.1 Tenderers are required to quote price subject to price variation as per the following PV<br />
formula:<br />
P1=PQ +0.96x {B01 xEXRATE1X (1 + CUSDUTY 1/100) –<br />
BOQ xEXRATEQ x(1 +CUSDUTY Q/100 } x 0.001<br />
B0 1 & BOQ = 70% of price of SN 500 +30% of price of BS 150<br />
Where<br />
P1= Basic price of finished product applicable for a quarter in ` /Kgs<br />
PQ =Basic price of finished product in the previous quarter in ` /Kgs.<br />
A quarter is defined as Q1 (January-March), Q2 (April-June)<br />
Q3 (July-September) and Q4 (October-December).<br />
BS 150 is the same as B/Stk in ICIS LOR<br />
….5/-
-5-<br />
BO1,.CUSDUTY1= International price of base oil SN 500 & BS 150 on FOB Asia<br />
(Export) basis in USD/MT as per average ICIS LOR quote for the first 2 weeks of the<br />
month preceding the quarter & %age customs duty at that time.<br />
BOQ,.CUSDUTYQ =International price of base oil SN500 & BS 150 on FOB Asia<br />
(Export) basis in USD /MT,as per average ICIS LOR quote for the first 2 weeks of the<br />
month preceding the previous quarter & % age customs duty at that time.<br />
EXRATE 1,. EXRATE Q<br />
Re/USD Exchange Rate=<br />
Average RBI reference exchange<br />
Rate in the site (http:/www.rbi.org.<br />
in/home.aspx) for the first two Tuesdays<br />
of the month (Reference ICIS LOR<br />
quotes) preceding the respective quarter. In<br />
case rates are not published for the<br />
said day, the immediate preceding<br />
published figure will be considered<br />
MT/KG conversion factor 0.001.<br />
9.2 The prices quoted must be net per kg. and must include all charges e.g. siding & shunting,<br />
packing, forwarding and delivery charges etc.<br />
9.3 The tenderers should quote rates on F.O.R Destination basis.<br />
9.4 The purchaser shall, however, not be responsible for the payment of tax or duty made by the<br />
supplier under mis-apprehension of law.<br />
9.5 All prices and other information like documents etc., having a bearing on the price shall be<br />
written both in figures and words in the prescribed offer - form. It may however be noted that<br />
conditional discounts are liable to be ignored for comparison of offers.<br />
9.6 Whenever tender enquiry is for more than one item, the prices must be stated for each item<br />
separately.<br />
9.7 The price quoted by the tenderers should take into account the credit availed on inputs under<br />
the CENVAT scheme, introduced with effect from 01.04.2000. The tenderer should give a<br />
declaration that any set off in respect of duties on inputs (as admissible under law), is being totally<br />
and unconditionally passed on to the purchaser, in the prices quote.<br />
….6/-
-6-<br />
9.8 In the event of additional CENVAT credit being extended by the Government of India, to<br />
cover items ordered against present tender, the same shall be passed on to the purchaser. The bill<br />
for payment should accompany the following certificate:-<br />
a) We hereby declare that no additional CENVAT benefit has accrued to us beyond what<br />
has already been taken into account while submitting our offer & incorporated in the<br />
rates shown in the contract.<br />
b) We hereby declare that the additional CENVAT benefit of `. ....... per kg has accrued to<br />
us beyond what was taken into account while submitting our offer & incorporated in the<br />
rates shown in the contract. We are passing on the same to the purchaser & the bill has<br />
been prepared accordingly.<br />
10. Taxes and Duties :<br />
The tenderers should quote separately the taxes and duties applicable. The concessional<br />
taxes & duties where ever applicable against concessional forms for sale to Government<br />
Organisation (<strong>Railway</strong>s) to be specified clearly.<br />
10.1 All the offers shall be evaluated as per tax regime as applicable on the date of tender<br />
opening.<br />
11. Octroi Duty, Terminal Taxes & Local taxes<br />
11.1 Normally materials supplied to the government Departments against Government contract(s)<br />
are exempted from the levy of town duty, Octroi duty, terminal taxes and the local taxes and duties<br />
imposed by the Municipalities, Contonment Board and other Local Bodies. The Municipal/Local<br />
Body regulations at times, however, provide for such exemption only on production of an<br />
exemption certificate from an authorised officer.<br />
11.2 Contractors should ensure that the stores ordered against contracts placed by this office are<br />
exempted from levy of town duty, octroi duty, terminal tax or other local taxes and duties, whenever<br />
required, they should obtain the Exemption Certificate from the concerned consignee or indentor to<br />
avoid payment of Local Taxes or Duties.<br />
11.3 The purchaser will however not be responsible for the payment of tax or duty made by the<br />
supplier under mis-apprehension of law.<br />
11.4 Octroi, if levied, shall be borne by supplier.<br />
…..7/-
-7-<br />
12. Depot charges<br />
12.1 The rates should be quoted inclusive of depot charges.<br />
13. Tender Documents & Submission of Offer<br />
13.1 Tendering firms who have not obtained the tender documents from Board ‘s office and do not<br />
submit their quotation on the prescribed tender forms, their offers are liable to be ignored.<br />
13.2 All offers shall be either type written or written neatly in indelible ink.<br />
13.3 Tenderers are required to answer all the questions mentioned in the attached Appendices `A’<br />
to `I’ and should return the same and this schedule along with offer form, duly filled-in and signed.<br />
13.4 All tender documents attached with invitation to tender duly completed and signed are to be<br />
returned with your offer, failing which the tender is likely to be treated as incomplete and ignored.<br />
Each page of the offer must be numbered consecutively, should bear the tender number and should<br />
be signed by the tenderer at the bottom. A reference to the total number of pages conforming the<br />
offer must be made at the top right hand corner of the first page.<br />
13.5 In case the tenderer is an agent of a manufacturer, he must clearly indicate the same and also<br />
enclose a certificate from manufacturer in this regard. Complete address of the works of the<br />
manufacturer where the equipment will be offered for inspection should be indicated in the offer. In<br />
such a case, the past performance of the manufacturer should be indicated along with the details of<br />
machinery & plant etc. It may please be noted that failure to do so, may result in disqualification of<br />
the tender.<br />
13.6 Tenderers must indicate deviation if any from the T/E Specifications in the Proforma<br />
Appendix 'E' attached. In case there are no deviations then this should be confirmed specifically. If<br />
nothing is added it will be assumed that stores conform to tendered description & specifications in<br />
full.<br />
13.7 The original tender is to be enclosed in double cover. The inner cover should be sealed and<br />
the tender No., due date and time should be indicated boldly on the envelope. The inner envelope<br />
should be placed in another envelope and should be addressed to the officer/office mentioned on the<br />
invitation to tender. The tender No. along with due date and time of opening should also be written<br />
boldly on the outer envelope. The tender should reach the concerned officer by the due date/time.<br />
Only one tender should be sent in one cover.<br />
13.8 All offers in the prescribed tender-forms should be submitted before the time and date fixed<br />
for the receipt of offers as set forth in the tender documents. Offers received after the stipulated<br />
time & date, are liable to be rejected.<br />
…8/-
-8-<br />
13.9 The offers should remain open for a period of 150 days (incl. the date of opening of tenders).<br />
In absence of any mention to the contrary, the offers will be presumed to be valid for the above<br />
period. It may be noted that offers will lesser validity may get disqualified.<br />
13.10 In case the day of opening of tender is declared as a Gazetted Holiday, the tenders will be<br />
opened on the first working day after the scheduled day of opening of tenders.<br />
13.11 Printed terms and conditions of the tendering firms not appearing in the body of tender shall<br />
not be considered as forming part of the tender, unless specifically stated so in the body of the<br />
tender. It may clearly be understood that deviations from IRS conditions of contract are neither<br />
appreciated nor generally accepted and offers with deviations are liable to be ignored.<br />
14. Earnest Money<br />
14.1 The earnest money deposit (EMD) shall be taken from all Tenderers against advertised tenders<br />
subject following exemptions<br />
a) Vendors registered with NSIC upto monetary limits of their registration for the items<br />
tendered.<br />
b) Vendors registered with <strong>Railway</strong>s upto the monetary limits of their registration for the items<br />
tendered/trade groups of the items tendered.<br />
c) Vendors on approved list of RDSO/PUs/CORE/<strong>Railway</strong>s etc for those specific items for<br />
which they are on approved lists.<br />
d) Manufacturers and their accredited agents.<br />
e) Other <strong>Railway</strong>s, Government Departments.<br />
14.2 The amount of EMD to be taken in advertised tenders, wherever applicable will be 2% of<br />
the estimated tender value subject to an upper limit of :<br />
` 5 lakhs for tenders valuing upto ` 10 crores; and<br />
` 10 lakhs for tenders valuing above ` 10 crores.<br />
14.3 The relaxation for deposit of earnest money will also be applicable to Govt. Deptt. For Public<br />
Sector Undertakings, the relaxation is as under:<br />
Earnest Money is not required to be deposited by PSUs for the group of items that are<br />
manufactured by them, also for PSUs owned by Ministry of <strong>Railway</strong>s & PSUs that are registered<br />
with Production Units of <strong>Railway</strong>s, Zonal <strong>Railway</strong>s, CORE/ALD, RDSO or with NSIC. For other<br />
PSUs waiver of Earnest Money can be considered in deserving cases.<br />
…..9/-
14.4 The Earnest Money can be deposited in any one of the following alternative forms:<br />
-9-<br />
i) A crossed bank draft or pay order issued by a Nationalised/Scheduled Commercial Bank drawn<br />
in favour of FA & CAO/Northern <strong>Railway</strong> payable at New Delhi.<br />
ii) Bank Guarantee covering the requisite amount from any of the Nationalised/Scheduled<br />
Commercial Banks, in the format enclosed at Appendix 'H'.<br />
iii) In cash to FA & CAO of any of the <strong>Railway</strong>s. In such a case, the cash receipt in original should<br />
be enclosed with the offer.<br />
14.5 The earnest money shall be valid and remain deposited with the purchaser for the period of<br />
180 days from the date of tender opening. If the validity of the tender is extended, the validity of the<br />
Bank Guarantee/or any other document submitted in lieu of Earnest Money will also be suitably<br />
extended by the tenderer, failing which the tender after the expiry of the aforesaid period shall not<br />
be considered by the purchaser.<br />
14.6 No interest shall be payable by the Purchaser on the earnest money.<br />
14.7 The earnest money deposited is liable to be forfeited if the tenderer withdraws or amends,<br />
impairs or derogates from the tender in any respect within the period of validity of his tender.<br />
14.8 The earnest money of the successful tenderer shall be returned after the security deposit as<br />
required in terms of the contract is furnished by the tenderer.<br />
14.9 If the successful tenderer fails to furnish a security deposit levied for due performance of<br />
contract, as required in the general terms and conditions of the contract, within the stipulated<br />
period, the earnest money shall be liable to be forfeited by the Purchaser.<br />
14.10 Earnest Money of all the unsuccessful tenderer shall be refunded by the Purchaser as early<br />
as possible after the expiry of the bids validity. Tenderer are advised to send a pre receipted challan<br />
along with their bids so that refund of earnest money is made in time.<br />
14.11 Any tender not accompanied by Earnest Money in one of the approved forms acceptable to<br />
the Purchaser is liable to rejected<br />
15. Registration Status<br />
Tendering firms should clearly indicate whether they are registered with<br />
RDSO/DGS&D/Defence (DGQA)/NSIC for the tendered stores, if so, they should indicate their<br />
registration number along with monetary limit. A copy of registration/approval should be enclosed<br />
with the tender.<br />
…..10/-
-10-<br />
16. Security Deposit:<br />
16.1 The security deposit shall be taken from all the firms for contracts for items other than safety<br />
items placed against advertised tender and global tenders subject to following exemptions:<br />
a) Venders registered with NSIC upto monetary limit of their registration for the items ordered.<br />
b) Venders registered with <strong>Railway</strong>s upto monetary limit of their registration upto the items<br />
ordered/trade groups for items ordered or venders on approved list of RDSO/PUs/CORE/ <strong>Railway</strong>s<br />
etc for those specific items for which they are on approved list or other <strong>Railway</strong>s, Govt Department<br />
on their specific request and on merits of the case as considered by the tender committee.<br />
16.2 The usual security item should however be taken in case the contracts are placed on<br />
unregistered/unapproved firms or for items for which a particular firm is not registered/approved.<br />
16.3 The amount of Security Deposit to be taken, whenever applicable, will be 10% of the total<br />
value of contract subject to ceiling of ` 10 lakhs for the contracts valuing upto ` 10 crores and ` 20<br />
lakhs for the contracts valuing above ` 10 crores.<br />
16.4 Security Deposit will required to be deposited by PSUs except those which are owned by<br />
Ministry of <strong>Railway</strong>s, registered with Production Units of <strong>Railway</strong>s, Zonal <strong>Railway</strong>s, CORE/ALD,<br />
RDSO or NSIC, for supply of those specific items for which they are registered with them. For<br />
other PSUs, waiver of Security deposit can be considered in deserving cases.<br />
17. Important Instructions<br />
17.1 The full tender documents should be returned, whether tenderer is quoting for all the items<br />
or not. For the items not being quoted, the corresponding space must be filled with " N.Q."<br />
17.2 Additional pages can be attached, if considered essential. A total number of enclosures<br />
should be indicated in the body of the tender and all the enclosures numbered serially.<br />
17.3 In case tenderer wants to furnish any other relevant information, the same can be furnished<br />
in a separate covering letter.<br />
17.4 Cuttings/erasings and overwriting may make offer invalid. In case the same is unavoidable,<br />
these should be initialed.<br />
17.5 The tender will be opened in the presence of tenderers.<br />
17.6 Withdrawal of any slab rates after opening the tender may render the entire offer invalid and<br />
invite administrative action which may result in banning of business dealing with firms/suppliers<br />
employing such practices.<br />
…..11/-
-11-<br />
17.7 Wherever all or most of the approved firms quote equal rates and cartel formation is<br />
suspected, <strong>Railway</strong>s reserve the right to place order on one or more firms with exclusion of the rest<br />
without assigning any reasons thereof.<br />
17.8 Firms are expected to quote for a quantity not less than 50% of tendered quantity. Offers for<br />
quantity less than 50% of tendered quantity will be considered unresponsive and liable to be<br />
rejected in case cartel formation is suspected. <strong>Railway</strong>s, however, reserve the right to order on one<br />
or more firm any quantity.<br />
17.9 The firms who quote in cartel are warned that their names are likely to be deleted from the<br />
list of approved sources.<br />
18. Signing of Tender<br />
18.1 Individual signing the tender and other documents connected with this tender must specify<br />
whether he is signing as<br />
i) A sole proprietor of the firm or constituted attorney of the sole proprietor.<br />
ii)<br />
iii)<br />
A partner of the firm having authority to quote and refer to arbitration disputes, in case of<br />
partnership firm either by virtue of partnership agreement or a power of attorney.<br />
Constituted Attorney in case of Company.<br />
18.2 In case of (ii) above a copy of partnership agreement and power of attorney attested by<br />
Notary Public should be furnished or Affidavit on stamped paper of all the partners admitting<br />
execution of the partnership agreement of the general power of attorney should be furnished.<br />
18.3 In case of partnership firms, where authority to refer disputes has not been conferred on any<br />
of the partner, the tender and the related documents should be signed by all the partners of the firm.<br />
18.4 A person signing the tender form or connected documents forming part of the contract shall<br />
be deemed to have the authority as indicated earlier. If on enquiry, it is found that the person so<br />
signing had no authority to do so, the purchaser, without prejudice to other Civil and Criminal<br />
remedies cancel the contract and hold the signatory liable for all costs and damages.<br />
18.5 Each page of the tender, offer-form and Annexures should be signed by the tenderer.<br />
19. Last Date of Receipt of The Tenders<br />
19.1 The offers complete in all respects should reach the Director, <strong>Railway</strong> Stores (POL),<br />
Ministry of <strong>Railway</strong>s (<strong>Railway</strong> Board), Room No. 156/15, Rail Bhavan, Raisina Road, New Delhi –<br />
110001 not later than 14:30 Hrs on the date specified in the schedule of requirement.<br />
....12/-
-12-<br />
19.2 The tenders received shall be opened in the presence of such of the tenderers or their<br />
representatives, who may like to be present at 15:00 Hrs on the date specified in the “ Schedule of<br />
Requirements” and the names of tenderers and the rates tendered by them will be read out.<br />
20. Communication of Acceptance.<br />
(a) Acceptance by the purchaser will be communicated by Fax/telegram/express letter of<br />
acceptance or formal ‘acceptance of tender.’ In case where acceptance is communicated by<br />
fax/telegram or express letter, the formal acceptance of tender will be forwarded to you as soon as<br />
possible but the instructions contained in the fax/telegram or express letter should be acted upon<br />
immediately.<br />
(b) The concluding contract will be governed by the IRS conditions of contract. If any<br />
departure or substitution from the particular specification is involved, this should be early indicated<br />
in. The tenderer shall furnish his acceptance or otherwise against each clause & sub-clause of IRS /<br />
General and special conditions of the tender. It may be clearly understood that deviation from<br />
<strong>Indian</strong> <strong>Railway</strong> Standard Conditions of contract are generally not accepted & so offers with<br />
deviations to IRS conditions of contract, are liable to be ignored.<br />
21. Other special conditions of tender (Annexure I) attached.<br />
------------------------------
ANNEXURE – I<br />
SPECIAL CONDITIONS <strong>OF</strong> <strong>TENDER</strong><br />
1. Inspection (a) As per Quality Control (QC) / Quality Assurance<br />
Programme (QAP) of PSUs IOC/ HPC / BPC/approved<br />
vendor of RDSO meeting relevant IS specifications of<br />
products stipulated in the schedule to tender and Test<br />
certificates to be issued by IOC / HPC / BPC/approved<br />
vendor of RDSO.<br />
2. Packing and Marking<br />
(b) M/s RITES/DGS&D/RDSO at <strong>Railway</strong> Board’s option.<br />
i) For packing of supplies attention is drawn to Clause 1800 of the IRS conditions of contract<br />
and relevant specifications.<br />
ii) Oils will be supplied packed in New, Sound, Non-returnable, 1.25mm thickness Grade –‘A’<br />
Steel Drums, type 2 of 200/210 ltrs., capacity conforming to IS: 1783 (Part-I) of 1993.<br />
iii) Greases will be packed in containers in New, sound, non-returnable, 1.25 mm thickness steel<br />
drums or 175/180/182/200 kgs. capacity conforming to IS : 13997-94 Gr-‘A’ as far as applicable.<br />
On outside surface of drums anti-rust coating like stove painting be done to protect them from<br />
rusting. At inside surface suitable antirust oil coating be done. Compounds packed in 200/210 kgs.<br />
capacity drums meeting with IS : 1783 (Part – I) of 1993 (Type – 2) .<br />
2.1 Marking:<br />
i) Marking on the drums/cases will be as desired by the purchaser/ISI standard Trade Mark<br />
ii)<br />
iii)<br />
iv)<br />
The description of stores will be stencilled on such containers or package where possible<br />
and marking will be as per clause 5.2 of IS:720/86.<br />
Date/year of manufacture.<br />
Name of manufacturer.<br />
v) Shelf life etc. as per practice.<br />
3. Pre-inspection of stores by the supplier<br />
In the event of contract being awarded, the suppliers should satisfy themselves that the<br />
stores are in accordance with the terms of the contract and fully conform to the required<br />
specification by carrying out a thorough pre-inspection of such consignment before actually<br />
tendering the same for delivery. The supplier shall furnish test results/certificates to the purchaser<br />
and consignee of the stores supplied to various consignees.<br />
…. 2/-
-2-<br />
4. Delivery<br />
4.1 The tenderers should clearly indicate the delivery period offered. The monthly rate of<br />
supply should also be indicated clearly. In case a range of monthly supplies is indicated, the<br />
average rate of supply shall be taken to have been offered. Clause S.Nos.7 to 10 of Table- ‘A’ of<br />
Schedule to tender may also be referred.<br />
4.2 The officers of <strong>Railway</strong> authorised to issue supply-orders from time to time may place<br />
supply-orders direct against the contract / contracts. Successful tenderer(s) shall have to offer the<br />
stores for delivery as early as possible to ensure that the same are delivered within the terminal date<br />
of delivery indicated in the supply-order. He shall maintain the stocks at the station / station(s)<br />
indicated by him and shall make deliveries against supply-orders from such stocks as and when<br />
required.<br />
4.3 In case of despatch by rail, the date of RR (<strong>Railway</strong>-Receipt) will be taken as the date of<br />
delivery and for despatches by road, the date of receipt of material by consignee(s) shall be treated<br />
as date of delivery.<br />
4.4 No liquidated damages in respect of delay in supplies within the grace period of 21 days<br />
will be leviable where depot / Inspecting Officer Divisional Officer (who is a direct consignee) has<br />
extended delivery period accordingly.<br />
5. Despatch of <strong>Railway</strong>-Receipts :<br />
<strong>Railway</strong> Receipts will be despatched to the Indentor/consignee by registered post.<br />
Telegraphic advice will also be sent to consignees providing details of RRs and wagon numbers to<br />
enable the consignee to unload the consignments. Demurrage charges incurred due to delay in<br />
receiving RRs sent by registered post will be to buyer’s account. If any indenting officer so desires,<br />
the firm can sent RR by ordinary post to enable the indentor to get the same quickly. RRs will be<br />
despatched promptly after receipt from the <strong>Railway</strong>s.<br />
6. Transit Risk :<br />
6.1 The firm shall be responsible and liable for any shortages, damages or deterioration to the<br />
consignment in transit if the same is to be carried in their own or contractor’s trucks/tanks/lorries to<br />
the destination.<br />
6.2 In case of rail consignments, the firm shall be responsible and liable for such shortage,<br />
damage or deterioration only if the consignment has been booked under “said to contain RR” as a<br />
full wagon load and the <strong>Railway</strong> seals of the wagons are found intact at the destination station. In<br />
that case a notice is to be served on the supplier by Regd. post indicating the date of the seals of the<br />
wagons being found intact and the details of shortage, damage or deterioration, as the case may be,<br />
as early as possible, but in any case before the expiry of 30 days from the date of taking delivery<br />
from the <strong>Railway</strong><br />
…. 3/-
-3-<br />
6.3 In all other cases of rail consignments, the firm will not be responsible and liable for any<br />
shortage, loss, damage or deterioration occurring in transit and the matter will be taken up by the<br />
consignee expeditiously with the concerned <strong>Railway</strong> Administration.<br />
7. Transit Insurance:<br />
The purchaser will not pay separately for Transit insurance. The supplier will be<br />
responsible till the entire stores contracted for arrive, in good condition at destination & liable for<br />
any shortage, damage or deterioration in terms of Clause 1501 of IRS conditions of contract.<br />
8. System & Terms of Payment :<br />
8.1 As per IRS conditions of contract para 2300 with documents mentioned therein. The firm’s<br />
bills shall be accompanied with original despatch documents which after payment will be forwarded<br />
to the respective consignees. However, a photocopy of despatch documents should be directly sent<br />
by the supplier to the respective consignees immediately after despatch of goods.<br />
8.2 Tenderer to give consent in a mandate form for receipt of payment through ECS/EFT.<br />
8.3 Tenderer to provide the details of Bank A/c in line with RBI guidelines for the same. These<br />
details will include Bank Name, Branch Name & Address, Account type, Bank A/c No. and Bank &<br />
Branch Code as appearing on MICR cheque issued by bank.<br />
8.4 Tenderer to attach certificate from their bank certifying the correctness of all above<br />
mentioned information (as mentioned in Para 8.3 above).<br />
8.5 In case of non-payment through ECS/EFT or where ECS/EFT facility is not available,<br />
payment will be released through cheque.<br />
8.6 In case the deliveries are made through supplier's or their contractors' lorries, the bills will<br />
accompany copies of the contractors' delivery challans duly receipted by the consignee alongwith<br />
inspection certificate. Receipted delivery challans to be signed by respective Rly. Consignee(s).<br />
9. Paying Authority : FA & CAOs of respective Zonal Rlys & Production Units will make<br />
payments for all despatches made for supply of the stores:<br />
10. Bills and Payment :<br />
The bills will be submitted by the supplier firm to FA & CAOs (Nominated) of Zonal<br />
<strong>Railway</strong>s/Production Units region-wise, and payment will also be received by the suppliers<br />
accordingly.<br />
..…4/-
-4-<br />
11. Deliveries At Consignee’s Premises (In Trucks):<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
(vi)<br />
(vii)<br />
In all cases quantities filled and despatched /delivered Ex. Main Installations (MI)/Storage<br />
points will be subject to Clause 6-Transit Risk of “Special Conditions of Contract”.<br />
Variation in volume after despatch will be to the purchaser’s account in case of supply in<br />
consignee’s truck.<br />
Handling and decantation of the product from the tank trucks into buyer’s Container at<br />
consignee’s premises will be the buyer’s responsibility.<br />
Firm’s tank trucks will be released by the consignee within a reasonable time of arrivals at<br />
destination and they will not be subject to any inordinate detention.<br />
Deliveries will be in full truck loads only.<br />
For returning the tank trucks without taking delivery of the product for any reason<br />
whatsoever, delivery charges will be payable by the <strong>Railway</strong>s at the applicable rates on the<br />
basis of certificate issued by the Internal Auditor’s of Oil company.<br />
When supplies can not be undertaken to consignee’s premises for any reason, the buyer’s<br />
shall draw their requirements from firm’s supplying depots under their own arrangement.<br />
For such supplies ex-depot rates will supply.<br />
In the event of dispute regarding the distance, a joint verification will be undertaken by the<br />
firm and the consignee. Firm shall agree to adjust the overdrawals / underpayments based<br />
on the final agreed distance.<br />
12. Guarantee/Warranty: Guarantee/warrantee will be applicable to this contract as per clause<br />
3201 & 3204 of IRS conditions of contract.<br />
13. Arbitration:<br />
13.1 This contract is subject to standard arbitration clause 2900 of IRS conditions of contract<br />
13.2 In case of any dispute in the contract with PSU the following Arbitration clause will be<br />
applicable.<br />
In the event of any dispute or difference relating to the interpretation & application of the<br />
provisions of the contracts, such dispute or difference shall be referred by either party to the<br />
arbitration of one of the arbitrators in the Department of Public Enterprises to be nominated by the<br />
Secretary to the Govt. of India in charge of the Bureau of Public Enterprises. The arbitration and<br />
conciliation Act 1996 shall not be applicable to the arbitration under this clause. The award of the<br />
arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved<br />
by such award may make a further reference for setting aside or revision of the award to the Law<br />
Secretary, Department of Legal Affairs, Ministry of Law & Justice, Govt. of India. Upon such<br />
reference the dispute shall be decided by the Law Secretary or the special Secretary/ Additional<br />
Secretary when so authorised by the Law Secretary, whose decision shall bind the parties finally<br />
and conclusive.
-5-<br />
14. The purchaser may at any time not later than ________________ (here insert the latest<br />
period when the contractor may be requested for the reduction to ensure agreement before expiry of<br />
the contract period), from the date of commencement of the contract, request the contractor to agree<br />
to a reduction in the prices for the valid reasons and in default of such agreement terminate the<br />
contract at the end of one year from such<br />
15. The purchaser may at any time not later than ________________(here insert the latest<br />
period when the contractor may be requested for the reduction to ensure agreement before expiry of<br />
the contract period), from the date of commencement of the contract, request the contractor to agree<br />
to a reduction in the prices for the valid reasons and in default of such agreement terminate the<br />
contract at the end of one year from such commencement.<br />
16. Force Majeure Clause :<br />
Following standard force majeure clause is applicable to this contract.<br />
If at any time during the continuance of this contract, the performance in whole or in part by<br />
either party of any obligation under this contract shall be prevented or delayed by reason of any war,<br />
hostility acts of public enemy, civil commotions sabotage, fires, floods, explosions, epidemics,<br />
quarantine restrictions, strikes, lock-outs or acts of God (here-in-after referred to as events), provided<br />
notice of the happening of any such eventuality is given by the either party to the other within 21<br />
days from the date of occurrence there-of. Neither party shall by reasons of such event be entitled to<br />
terminate this contract nor shall either party have any claim for damages against the other in respect<br />
of such non – performance or delay in performance and deliveries under the contract shall be<br />
resumed as soon as practicable after such event has come to an end or ceased to exist and the<br />
decision of the <strong>Railway</strong> Board as to whether the deliveries have been so resumed or not shall be<br />
final and conclusive, provided further that if the performance in whole or in part or any application<br />
under this contract is prevented or delayed by reasons of any such event for a period exceeding 60<br />
days either party may opt to terminate the contract, provide also that if the contract is terminated<br />
under this clause, the purchaser shall have liberty to take over from the contractor at a price fixed by<br />
<strong>Railway</strong> Board, which shall be final, all unused, undamaged and acceptable materials, bought-out<br />
components and stores in course of manufacture in the possession of the contractor at the time of<br />
such termination of such portion there-of as the purchaser may deem it fit except of such materials,<br />
bought out equipments and stores as the contractor may with the concurrence of the purchaser elect<br />
to retain.<br />
It is also understood in addition that this force Majeure clause will cover firms inability to<br />
supply the stores on account of import restrictions or reductions in foreign exchange allocated for<br />
importation of products, crude oils and additives.<br />
….. 6/-
-6-<br />
17. Certificate to be given by indentor –<br />
Indentors will give invariably the following certificates in all the supply orders placed against<br />
this contract :<br />
i) Certified that a copy of the Supply-order has been forwarded to the Paying Authority<br />
(Nominated) of the Zonal <strong>Railway</strong> under registered post and the postal registration number is<br />
……………….dt……<br />
ii) Certified that the supply order No. and date is the same on all the copies of the supply-orders<br />
marked to the Paying Authority (Nominated) of the Zonal <strong>Railway</strong> /Prod Units<br />
18. Inspection of Suspected Supplies at Destination If the consignee at destination on testing the<br />
product finds it below or off specification, he may book the same back to firm’s nearest/nominated<br />
depot without the firm incurring any demurrage for any detention at the <strong>Railway</strong>’s consignee<br />
premises and without waiting for the arrival of firm’s representative. However, in such cases,<br />
<strong>Railway</strong>s must intimate firm’s nearest nominated locations telegraphically or over the telephones<br />
about re-booking of the tank wagons and forward <strong>Railway</strong> receipt duly endorsing it in firm’s<br />
favour. This should apply in respect of those tank wagons which are received by the consignees<br />
with seals intact. The consignee will furnish his laboratory test report in respect of each wagon<br />
rejected by him to the firm in support of such action.<br />
19. Certificate of Genuineness and Correctness of <strong>Railway</strong> receipt No. and date : The<br />
supplier firm will furnish the following certificate on the bills to the Paying Authority (Nominated)<br />
of the Zonal <strong>Railway</strong>/Prod.Unit(s) , firm have examined and verified that the goods in respect of<br />
Which the payment is being claimed have been actually despatched by them Under RR NO. ---------<br />
- dated -------------- which has been forwarded to the Consignee mentioned on the contract under<br />
Registered A/D letter on ------------- . The firm undertake responsibility for the genuineness and<br />
correctness of the RR Details . The responsibility in this regard will rest with the firm as the<br />
contractor.<br />
20. All charges on account of handling of supplies of POL products for delivery into wagons on<br />
rails at places of despatches shall be borne by the contractor.<br />
21. The supplies are to be booked in full wagon load wherever possible by the most economical<br />
routes, failing which the contractors will render themselves liable for the whole or any part of any<br />
avoidable expenditure caused by such default.<br />
…..7/-
-7-<br />
22. In respect of all consignment(s) placed F.O.R. station(s) of despatch, it is essential that<br />
packing notes shall be furnished to the consignee. The <strong>Railway</strong> Receipt should be forwarded to the<br />
consignee immediately after despatch of stores. It shall always be the endeavour of the contractor to<br />
obtain clear <strong>Railway</strong> Receipt from the <strong>Railway</strong>s in respect of despatches made by them.<br />
23. In respect of supplies in tank wagons, the contractors should insist on dip-stick measurement<br />
being specified in the <strong>Railway</strong> Receipt and should also include this information in their invoices.<br />
ALL WAGONS / TANK WAGONS SHOULD BE DULY SEALED AND LABELED BEFORE<br />
DESPATCH.<br />
24. Labeling of Wagons :<br />
The labeling of wagons before delivery/ despatch shall be carried-out by the suppliers free<br />
of all charges as below:<br />
Tank wagons be labeled/ marked showing<br />
I. Consignee name and address<br />
II. Contents in terms of tons or litres<br />
III. Nomenclature of the stores.<br />
25. Conditions of Acceptance<br />
25.1 If on examination of any sample from any portion of supply of the materials is found to be<br />
not fully in accordance with the required specifications, the whole consignment may be rejected.<br />
25.2 The stores shall be of brand new and the best quality and workmanship to the satisfaction of<br />
the Inspector/Indentor/Consignee<br />
25.3 It would be obligatory on the part of the contractor to supply information concerning<br />
contracts as may be required by Ministry of <strong>Railway</strong>s, <strong>Railway</strong> Board from time to time.<br />
26. Option Clause<br />
The purchaser may at any time during the currency of the contract, increase/decrease the<br />
ordered total quantity of each description of stores shown in the contract by not more than 30% of<br />
the ordered total quantity, at the same price, terms and conditions stipulated in the contract and the<br />
contractor shall be bound to supply the quantity so ordered according to revised delivery schedule<br />
advised by the purchaser fixed on the basis of contractual delivery schedule.<br />
______________________________
Annexure-II<br />
Estimated quantity required in Zonal <strong>Railway</strong>s/Pus<br />
S.No. Zonal Rly/PU Requirement of<br />
Servogem RR3 or<br />
equivalent (MT)<br />
Requirement of<br />
Servocoat 170T or<br />
equivalent (MT)<br />
1 CR 166.00 221.00<br />
2 ER 215.00 198.00<br />
3 ECR 14.00 110.00<br />
4 ECOR 73.00 122.00<br />
5 NR 139.00 284.00<br />
6 NCR 61.00 131.00<br />
7. NER 100.00 53.00<br />
8 NFR 41.00 79.00<br />
9 NWR 56.00 82.00<br />
10. SR 185.00 249.00<br />
11 SCR 137.00 214.00<br />
12 SER 91.00 230.00<br />
13 SECR 46.00 30.00<br />
14 SWR 55.00 39.00<br />
15 WR 132.00 163.00<br />
16 WCR 94.00 264.00<br />
17 CLW 67.00 9.00<br />
18 DLW 3.00 6.00<br />
19 ICF 19.00 ----<br />
20 RCF 36.00 ----<br />
Total: 1730.00 2484.00
APPENDIX – ‘A’<br />
<strong>TENDER</strong>ERS SHOULD FURNISH SPECIFIC ANSWRS <strong>TO</strong> ALL THE QUESTIONS GIVEN BELOW.<br />
<strong>TENDER</strong>ERS MAY PLEASE NOTE, THAT IF THE ANSWERS SO FURNISHED ARE NOT CLEAR<br />
AND/OR ARE EVASIVE, THE <strong>TENDER</strong> WILL BE LIABLE <strong>TO</strong> BE IGNORED.<br />
<strong>TENDER</strong> NO. DUE FOR OPENING ON <strong>OF</strong>FER IS OPEN FOR<br />
ACCEPTANCE TILL<br />
NO.RS(POL)/58/050 /20<br />
1 Whether the stores offered fully conform to the<br />
technical particulars and specifications/<br />
Drawings, specified by the Purchaser in the<br />
schedule to Tender.<br />
2 If not mention here details of deviations.<br />
3 Brand of Store offered<br />
4 Name and address of manufacturer.<br />
5 Station of manufacturer<br />
6 Please confirm that you have offered the<br />
packing as per tender enquiry requirements. If<br />
not indicate deviations.<br />
(Also refer Appendix-‘E’)<br />
7 Gross weight of consignment<br />
8 Net weight of each item<br />
9 What is your permanent Income Tax A/c No,?<br />
10 Indicate whether you are LSU or SSI<br />
Appendix ‘A’ Contd ….2
-2-<br />
STATUS<br />
11 (a) Are you approved by RDSO for the item<br />
quoted? If yes, whether you have copy of<br />
valid RDSO approval letter.<br />
(b) Whether registered with DGS&D/<br />
Defence (DGQA) for the subject stores and<br />
specifications. If so, confirm whether you<br />
have attached registration Certificate/<br />
approval letter.<br />
12 Whether there is any monetary limit on<br />
registration and attach a copy of<br />
registration.<br />
13. Are you a small scale unit registered with<br />
NSIC under Single Point Registration<br />
Scheme.<br />
14 Whether there is any monetary limit on<br />
registration and attach a copy of<br />
registration.<br />
15 In case you are registered with NSIC under<br />
Single Point Registration Scheme for the<br />
item quoted, confirm whether you have<br />
attached a photo copy of the registration<br />
certificate indicating the items for which<br />
you are registered.<br />
16. If you are not registered either with NSIC or<br />
with DGS&D, please state whether you are<br />
registered with Directorate of Industries of<br />
State Government concerned.<br />
17 If so, confirm whether you have attached a<br />
copy of the certificate issued by Director of<br />
Industry.<br />
18 Please indicate Name & full address of<br />
your banker.<br />
19 Please furnish details of equipment quality<br />
Control in the prescribed proforma<br />
(Appeendix-G attached)<br />
(to be given by firms not registered with<br />
DGS&D/ NSIC under the single Point<br />
Registration Scheme/RDSO.)<br />
20 Please furnish your performance statement<br />
in the prescribed form<br />
(Appencix-B of proforma attached).
Appendix ‘A’ Contd ….3<br />
BUSINESS NAME AND CONSTITUTION <strong>OF</strong> THE FIRM<br />
21 Is the firm registered under □ The <strong>Indian</strong> Companies Act, 1956.<br />
□ The <strong>Indian</strong> Partnership Act, 1932<br />
22 Please mention the name(s) and<br />
Address(es) of Parterns/ Owners<br />
-3-<br />
□Any other Act<br />
□ Not registered<br />
23 Whether the tendering firm is/ are<br />
(If manufacturer’s agents, please enclose<br />
the copy of manufacturer’s authorization)<br />
24 If stores offered are manufactured in India<br />
please state whether all the raw materials,<br />
components etc. used in their manufacture<br />
are also produced in India.<br />
25 If not, give details of materials<br />
Components etc. that are imported and<br />
their break up of the indigenous and<br />
Imported components together with their<br />
value and proportion it bears to the total<br />
value of the store should also be given<br />
26 Whether Raw materials are held in stock<br />
sufficient for the manufacture of the<br />
stores.<br />
27 Please indicate the stocks in hand at<br />
present time held by you against this<br />
enquiry<br />
28 Please indicate the stock over which you<br />
have secured an option, held by<br />
□Manufacturer<br />
□Manufacturer’s authorized Agents<br />
□Holders in stock of the stores.<br />
M/s ______________________________<br />
_________________________________<br />
29 Do you agree to sole arbitration as per<br />
clause 2900 of IRS conditions of contract<br />
(Please note that an omission to answer<br />
this question will be deemed as an<br />
acceptance)
Appendix ‘A’ Contd ….4<br />
-4-<br />
FOR PARTENERSHIP FIRMS<br />
30 State whether they are registered or not registered under<br />
<strong>Indian</strong> Partnership Act, 1932. Should the answer to this<br />
question by a partnership firm be in the affirmative,<br />
please state further:-<br />
(a) Whether by the partnership agreement, authority to<br />
refer disputes concerning the business of the partnership<br />
to arbitration has been conferred on the partner who has<br />
signed the tender<br />
(b) If the answer to (a) is in negative, whether there is<br />
any general power of attorney executed by all the<br />
partners of the firm authorizing the partner who has<br />
signed the tender to refer dispute concerning business of<br />
the partnership to arbitration.<br />
(c) if the answer to either (a) or (b) is in the affirmative<br />
have you already furnished a copy of either the<br />
partnership agreement or the general power of attorney<br />
as the case may be, to Rly. Board,? Please quote the<br />
reference to the communication by which this was done<br />
N.B.1 If a copy of neither the partnership agreement not the general power of attorney has previously<br />
been furnished to the Ministry of <strong>Railway</strong>s (Rly.Bd.) please attach to the tender a copy of<br />
either document on which reliance is placed for authority of partners or the partner signing<br />
the tender refer disputes to arbitration. The copy should be attested by a Notary Public or its<br />
execution should be admitted by affidavit on a properly stamped paper by all the partners.<br />
N.B.2 Where authority to refer disputes to arbitration has not been given to the partner signing the<br />
tender, the tenders must be signed by every partner of the firm.<br />
31 Whether the price tendered by you is to the best<br />
of your knowledge and belief, not more that the<br />
price usually charged by you for stores of same<br />
nature/class or description to any private<br />
purchaser either foreign or as well as Govt.<br />
Purchaser.<br />
32 If not state the reasons thereof. If any, also<br />
indicate the margin of difference.<br />
33 In respect of indigenous items for which there is<br />
a controlled price, and if the price quoted<br />
exceeds the controlled price the reasons thereof<br />
should be stated.<br />
Appendix’A’ Contd….5/-
-5-<br />
34 Are you holding valid industrial Licence(s)<br />
Registration Certificate under the industrial<br />
Development and Regulation Act, 1981. if so,<br />
please give particulars of Industrial Income<br />
Registration Certificate.<br />
35 Are you Exempted from the licensing<br />
provisions of the Act, for the manufacture of<br />
item quoted against this tender. If so, please<br />
quote relevant orders and explain your position<br />
36 Whether you possess the requisite license for<br />
manufacture of the stores and/or for the<br />
procurement of raw materials belonging to any<br />
controlled category required for the manufacture<br />
of the store? In the absence of any reply it<br />
would be assumed that no licence is required for<br />
the purpose of raw materials and/or that you<br />
possess the required licence.<br />
37 Whether business dealing with you have been<br />
banned by Ministry or <strong>Railway</strong> (Rly.<br />
Board)/Ministry of Commerce (Deptt. Of<br />
Supply)<br />
Please confirm that you have read all the instructions carefully and have complied with accordingly.<br />
Date _________<br />
Signature of Tenderer_____________________________<br />
Name in Block letters:________________________________<br />
Capacity in which tender is singed:______________________<br />
(whether signing as Proprietor/Partner/Constituted Attorney/<br />
duly authorized by the company)<br />
Address of firm in full: M/s____________________<br />
____________________<br />
____________________<br />
Signature of Witness<br />
Full Name and Address:<br />
____________________
APPENDIX ‘B’<br />
PR<strong>OF</strong>ORMA FOR PERFORMANCE STATEMENT<br />
S.N.<br />
CONTRACT/RC/<br />
RGC NO. & Date<br />
(SO/ ALLOCATION<br />
ORDER NO./P.O.<br />
No. & Date)<br />
Total<br />
Quantity<br />
VALUE<br />
(in ` )<br />
Original Date<br />
Of Delivery<br />
Stipulated In<br />
The contract/<br />
Extended Date<br />
of Delivery<br />
Actual<br />
Date Of<br />
Delivery<br />
& Qty<br />
REMARKS<br />
(here mention<br />
reasons for not<br />
adhering to the<br />
original<br />
delivery date)
PR<strong>OF</strong>ORMA FOR PRODUCTION CAPACITY<br />
APPENDIX ‘C’<br />
<strong>TENDER</strong> NO<br />
RS(POL)/58/050 /20<br />
DUE FOR OPENING ON<br />
(All details required only for the items tendered)<br />
1 Name and address of manufacturer<br />
2 Location of the factory<br />
3 Brand of stores offered<br />
4 Have the material offered by you been approved by the<br />
Research Designs and standards Organisation (RDSO),<br />
Lucknow. If so, the capacities approved and the necessary<br />
references may be quoted.<br />
5 Indicate the place where you have distribution centres and<br />
where stocks are maintained<br />
6 What is the installed monthly capacity for the items covered<br />
under this tender? Indicate the capacity separately on a single<br />
shift basis and on multiple shift basis, if so worked.<br />
7 What was the average monthly production during the last 5<br />
years on single shift basis.<br />
8 What is the existing load<br />
9 How much of the above is covered by orders of the <strong>Railway</strong>s?<br />
10 What portion of the actual production capacity will be reserved<br />
for this running contract?<br />
This should be indicated clearly in terms of quantity per month.<br />
11. HAVE YOU SUPPLIED THE S<strong>TO</strong>RES <strong>TENDER</strong>ED FOR IN THE PAST? IF SO, DETAILS <strong>OF</strong><br />
SUPPLIES IN THE LAST TWELVE MONTHS MAY BE FURNISHED:<br />
a)Description<br />
b)Total quantity Supplied<br />
c)Total quantity ordered<br />
d) Total quantity pending on the date of tendering<br />
e) Any other relevant particulars
Signature of Tenderer<br />
PARTICULARS REGARDING TECHNICAL COMPETENCE AND CAPACITY<br />
1) Name and address of the firm<br />
2) Location of the manufacturing factory<br />
3) Are you registered with RDSO/DGS&D/Defence<br />
(DGQA) NSIC?. If so, give registration No. & Date<br />
and items for which registered<br />
4) Have you any foreign collaboration?<br />
If so, give Particulars.<br />
5) Particulars of plant & machinery installed (attach<br />
Statement if required)<br />
6) Technical staff employed<br />
7) Description of Stores<br />
(Indicate tender No. an item No.)<br />
8) Details of testing and internal inspection facilities<br />
9) Job if any to be assigned to sub-contractors<br />
Give name and address of the sub-contractors<br />
10) Net available capacity of monthly out-turn excluding<br />
that required for existing load on hand<br />
APPENDIX ‘D’<br />
Signature and Seal of the Tenderer
APPENDIX-‘E’<br />
STATEMENT <strong>OF</strong> DEVIATIONS FROM <strong>TENDER</strong> SPECIFICATIONS<br />
Tender No. RS(POL)/58/050 /20<br />
ITEM NO DESCRITPTION PARTICULARS <strong>OF</strong> DEVIATION
APPENDIX ‘F’<br />
STATEMENT <strong>OF</strong> DEVIATIONS FROM IRS/GENERAL CONDITIONS AND SPECIAL<br />
CONDITIONS <strong>OF</strong> THE <strong>TENDER</strong><br />
Tender No. RS(POL/58/050 /20<br />
S.NO.<br />
REFERENCE <strong>TO</strong> TERMS<br />
AND CONDITIONS <strong>OF</strong><br />
<strong>TENDER</strong><br />
DEVIATIONS IN THE <strong>OF</strong>FER<br />
REMARKS
APPENDIX ‘G’<br />
PR<strong>OF</strong>ORMA FOR EQUIPMENT AND QUALITY CONTROL<br />
(<strong>TO</strong> BE FURNISHED IN TRIPLICATE)<br />
<strong>TENDER</strong> NO<br />
DUE FOR OPENING ON<br />
NO. RS(POL)/58/050 /20<br />
(All details required only for the items tendered)<br />
1 Name and address of the firm<br />
2 Telephone Nos. Office-----------------------------<br />
Factory/works------------------
3 Location of Manufacturing Factory<br />
Residence------------------------<br />
Mobile----------------------------<br />
Fax--------------------------------<br />
4 Have you any foreign collaboration? If so, give<br />
particulars<br />
5 Details of Industrial licenses, wherever required as<br />
per Statutory regulations.<br />
6 Details of plant and Machinery erected and<br />
functioning in each department ( monographs and<br />
description pamphlets) be supplied.<br />
7 Whether the process of manufacture in the factory is<br />
carried out with the aid of power or without it<br />
8 Details and stock of raw material held<br />
9 Production capacity of item(s) quoted for, with the<br />
existing plant and machinery<br />
Normal<br />
Maximum<br />
10 Details of arrangement for quality control products<br />
such as laboratory etc.<br />
11 Details of technical supervisory staff-in-charge of<br />
production and quality control<br />
12 Skilled labour employed<br />
13 Unskilled labour employed<br />
14 Maximum number of workers (skilled & unskilled)<br />
employed on any time during the 18 months<br />
preceding the date of application<br />
15 Whether stores were tested to any standard<br />
specifications if so, copies of original test certificates<br />
should be submitted in triplicate<br />
16 Are you registered with<br />
RDSO/DGS&D/Defence(DGQA)/NSIC for the stores<br />
mentioned in ‘schedule to Tender’ if so, furnish full<br />
particulars of registration, period of currency etc.<br />
(Attach a sheet wherever necessary)<br />
Signature of the Tenderer<br />
APPENDIX –‘H’<br />
PR<strong>OF</strong>ORMA FOR SUBMISSION <strong>OF</strong> BANK GUARANTEE <strong>TO</strong>WARDS EARNEST MONEY<br />
In consideration of the President of India (hereinafter called ‘the Government’) having agreed to<br />
accept from -----------------------------------------------{hereinafter called’ the said Tenderer(s’} earnest money<br />
in the form of Guarantee Bond, under the terms and conditions of tender dated ________________ in
connection with ____________________________________________________________________(herein<br />
after called ’the said tenderer’ for the due observance by the said tenderer of the stipulation to keep the offer<br />
open for acceptance for a period of ______ days from the date of opening of tenders, to execute an<br />
agreement within the time specified, to start work within the period specified after notification of the<br />
acceptance of his/their tender and the deposit of Earnest Money in cash or furnish fresh Bank Guarantee for<br />
the said amount as part of security for the due and faithful fulfillment of contract on acceptance of the tender<br />
on production a Bank Guarantee for ` ____________________________<br />
(Rupees____________________________________only.)<br />
We___________ Bank, do hereby undertake to pay on demand to the Government, the sum of Rs.<br />
_____________________ in the event of the said tender having incurred forfeiture of earnest money/security<br />
deposit an aforesaid for the breach of any of the terms and conditions of the stipulations aforesaid and<br />
contained in the said tender under an order of the authority competent to invite tender.<br />
We____________________________________ Bank, further agree the guarantee herein contained shall<br />
remain in full force and effect till the authority competent to invite the tender discharges the guarantee,<br />
subject to however, that the Government shall have no right under this Bond after the expiry of one year<br />
from the date of its execution and our liability under the bond shall be discharged if the demand for payment<br />
is not made within this period.<br />
We______________________Bank, lastly undertake not to revoke this guarantee during its currency except<br />
with the previous consent of the Government in writing<br />
Dated the ___________<br />
For ________________<br />
Day of __________________<br />
Bank____________________
APPENDIX-‘I’<br />
PR<strong>OF</strong>ORMA <strong>OF</strong> BANK GUARANTEE FOR CONTRACT PERFORMANCE GUARANTEE<br />
BOND<br />
Ref............... .<br />
Date..................................<br />
Bank Guarantee No................<br />
To,<br />
THE PRESIDENT <strong>OF</strong> INDIA.<br />
acting through the Executive Director, <strong>Railway</strong> Stores ( C)<br />
Ministry of <strong>Railway</strong>,<br />
(<strong>Railway</strong> Board). Rail Bhavan,<br />
New Delhi-110001, INDIA.<br />
1. Against contract vide Advance Acceptance of the Tender No...................................<br />
dated.................................... covering supply of.........................................................<br />
(hereinafter called the said 'contract') entered into between the President of India<br />
and...........................................................................(hereinafter called the 'Contractor 1 ) this is to certify that at the<br />
request of the Contractor we............................................................. Bank Ltd.,<br />
are holding in trust in favour of the President of India, the amount of........................................<br />
.................................................................. (write the sum here in words) to indemnity and keep indemnified the President<br />
of India (Govt. of India) against any loss or damage that may be caused to or suffered by the President of India<br />
(Govt. of India) by reason of any breach by the Contractor of any of the terms and conditions of the said contract<br />
and/or the performance thereof. We agree that the decision of the President of India (Govt. of India), whether any<br />
breach of any of the terms and conditions of the said contract and/or in the performance thereof has been committed<br />
by the Contractor and the amount of loss or damage that has been caused or suffered by the President of India<br />
(Govt. of India) shall be final and binding on us and the amount of the said loss or damage shall be paid by us<br />
forthwith on demand and without demur to the President of India (Govt. of India).<br />
2. We............................ ........................................Bank Ltd., further agree that the guarantee<br />
herein contained shall remain in full force and effect during the period that would be taken for satisfactory<br />
performance and fulfilment in all respects of the said contract by the Contractor i.e.<br />
till.............................................(viz. the date up to 12 months after the date of last shipment/delivery,<br />
of the goods ordered) hereinafter called the 'said date' and that if any claim accrues or arises against<br />
us.................................... Bank Ltd., by virtue of this guarantee before the said date, the same shall be<br />
enforceable against us......................................................Bank Ltd.), notwithstanding the fact that the<br />
same is enforced within six months after the said dale, provided that notice of any such claim has been given to<br />
us.......................................Bank/Ltd., by the President of India (Govt. of India) before the said date. Payment<br />
under this letter of guarantee shall be made promptly upon our receipt of notice to that effect from the president of<br />
India (Govt. of India).<br />
3. It is fully understood that this guarantee is effective from the date of the said contract and that<br />
we................................................Bank Ltd., undertake not to revoke this guarantee during its currency<br />
without the consent in writing of the President of India (Govt. of India).<br />
…… 2/-
-2-<br />
4. We undertake to pay to the Government any money so demanded notwithstanding any dispute or disputes<br />
raised by the Contractor in any suit or proceeding pending before any Court or Tribunal relating thereto our liability<br />
under this present being absolute and unequivocal.<br />
The payments so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the<br />
Contractor shall have no claim against us for making such payment.<br />
5. We....................................Bank Ltd., further agree that the President of India(Govt. of India)<br />
shall have the fullest liberty, without affecting in any manner our obligations hereunder to vary any of the terms and conditions<br />
of the said contract or to extend time of performance by the Contractor from time to time or to postpone for any time or form<br />
time to time any of the powers exerciseable by the President of India (Govt. of India), against the said Contractor and to for<br />
bear or enforce any of the terms and conditions relating to the said contracts and we....................................Bank Ltd.,<br />
shall not be released from our liability under this guarantee by reason of any such variation or extension being granted to the<br />
said Contractor or for any forbearance and/ or omission on the part of the President of India or any indulgence by the President<br />
of India 10 the said Contractor or by any other matter or thing what-so-ever, which under the law relating to sure lies, would, but<br />
for this provision have the effect of so releasing us from our liability under this guarantee.<br />
6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor.<br />
Date...........................<br />
/Voce...........................<br />
Signature.............................<br />
Printed Name........................<br />
Witness........................ ........................................<br />
(Designation)<br />
……………………………….<br />
Bank's Common Seal