Conditions - Western Railway

11.3. In the cases where rates of Part-II vendors are lower than the original rate of the L1 Part-I approvedsources eligible and suitable for bulk order with whom the price negotiation is held, if after price negotiationwith the L1 Part-I approved tenderer, their rate becomes lower than that of the lowest Part-II approvedtenderer, then another price negotiation should be held with the lowest Part-II approved tenderer subjectto the condition that the firm's offer is otherwise suitable and eligible for placement of order as per extantprocedures. If the L1 or any other higher offer from Part-II approved source get passed over due tovalid reasons, then the next higher tenderers in the Part-II category should be extended the sametreatment provided their rate was lower than the lowest rate from Part-I approved tenderers as per theoriginal inter se ranking of rates.11.4. In any case the the rate at which the PO on Part-II tenderer may be placed, must not be higherthan the lowest rate at which the PO on Part-I approved Tenderer will be placed.11.5. Counter offering as a substitute to/in lieu of negotiation:The procedure of counter offering as a substitute to/in lieu of negotiation (dispensing with it altogether)is totally prohibited. If price negotiation becomes warranted then the same should be held followingextant rules and procedure. Furthermore, it should be ensured, particularly in high valued tenders thatthe tenderer is represented by their authorized representative who is competent and empowered totake meaningful and active part in the price negotiation. Negotiation will be held in an objective, meaningfuland analytical manner.11.6. Counter offering after failure of price negotiation:If the L1 tenderer refuses to accept the counter offer, the tender is to be discharged. In exceptionalsituations, particularly in the cases where ther is only one or limited or dedicated vendors available, theTC may go in for a second round of negotiations, after the rejection of counter offer, provided somenew/additional facts (which were not known to the TC earlier) come to light subsequently. This will be,however, subject to the condition that the L1 tenderer agrees to revalidate their offer when asked to doso by the purchaser or suo-moto. In the event of failure of 2nd round of negotiation, the tender is to bedischarged.12.0 EVALUATION OF THE OFFERS : The Inter-se position of all offers received will be decided itemwise / consignee wise unless stated otherwise in the tender schedule.(a) Rates quoted without any condition attached (viz. discounts having linkages to minimumorder quantity, prompt payment, prompt Receipt Note etc.) will only be considered for tender evaluationpurpose. Thus discounted rates - linked to minimum order quantities and prompt payment etc will beignored for calculating inter-se position. Western Railway however reserves the right to use the discountedrate / rates if considered workable and appropriate for counter offer to the successful tenderers. Thoughthe rates without any conditions attached will only be considered for evaluation purposes, thisdoes not preclude Western Railway from making counter offer of rates of any of the discounted offers.(b) The tenderers should note that tender quantity is only approximate and subject tovariation at the time of actual finalisation of the tender. Moreover, as per the terms and conditions of thetender, the purchaser also reserves the right to accept the offer for the full quantity or part thereoftendered.(c) All inclusive cost comprises of Basic Rate, Excise Duty, Sales Tax, Packing charges,Forwarding charges, Insurance (if any) and Freight charges up to destination and any othercharges quoted by the Tenderer. This will be calculated by the e-procurement system and displayed intabulation statement.(d) All offers will be arranged in ascending order of the all inclusive cost as calculated by the System.13