Conditions - Western Railway

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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
(e) After arranging the offers as above, technically unsuitable offers will be passed over. Offers notconfirming to tender schedule, offers with deviation, offers from defaulters etc. may also bepassed over.(f) The order quantity may be split among more than one tenderer as per the splitting criteriaspecified in special tender conditions item 4. The administration's decision in regard to quantities on thesuccessful tenderer(s) would be final.(g) Time preference orders on higher tenderers with assurance of earlier delivery in preference tolowest acceptable offers with longer delivery can be placed by Western Railway in case of emergency/ urgent requirement.(h) Any conditions in the e-offers, involving financial angle, if stipulated elsewhere other than "financialrate page" will not be taken into account for tender evaluation purpose and decision making, as the e-procurement system can not calculate all inclusive cost in such cases.(i) For any statutory variations such as Excise Duty and Sales Tax announced by the CentralGovernment , the undecided tenders as on such cut-off date will be re-evaluated as per revised rate ofED and taxes to determine inter-se ranking and decision making.(j) Where splitting tender quantity criteria, is not pre-decided as a tender condition and rate quoted byhigher tenderers is not per-se reasonable ie. > 5 % of the lowest acceptable rate, then for placing splitorder on higher tenderers - provision of deemed single tender / deemed negotiation on single tenderbasis will be followed, which will be requiring sanction of competent Authority.13.0 MARKING OF MATERIAL SUPPLIED : The contractor should indicate the Manufacturers Name/ Month and Year of manufacturing / Purchase Order Number by process of Stamping / etching / embossingas appropriate or as specified in specification, in order to identify the suppliers in case of prematurefailure of the materials in actual use. The location of these identification should be such that they do noteget obliterated on wear and tear and without affecting the functional utility and structural stability of thecomponents / materials.14.0 PURCHASE / PRICE PREFERENCE CLAUSE : There will not be purchase preference forproducts and services of central CPSE except for preferential purchase policies framed for specific sectorslike SSI Sectors separately as per the Government policy from time to time.15.0 In case anything stipulated in the tender schedule are at variance with the special conditionsmentioned herein, the additional special conditions mentioned in particular tender schedule will prevail.If technical specification prescribe any condition involving financial repercussion, which is in conflictwith instructions to tenderers, IRS conditions, special condition and additional special conditions ofcontract, then same will be ignored for tender evaluation purpose unless made a additional specialcondition of tender.14
Page 1 and 2: MATERIALS MANAGEMENT DEPARTMENTREVI
Page 3 and 4: 2.2.1 Wherever necessary , as per p
Page 5 and 6: 2.7 Consideration of unsolicited of
Page 8 and 9: (ii) Other than safety items: In re
Page 10: i) IEEMA PVC for the items covered
Page 16 and 17: Sr. No. Annexure.No Details1 Annexu
Page 18 and 19: ANNEXURE - 2PROFORMA FOR AUTHORITY
Page 20 and 21: ANNEXURE - 4PROFORMA OF BANK GUARAN

Conditions - Western Railway

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