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 General Tender Conditions

PLEASE NOTE 

1. ALL COLUMNS SHOULD BE FILLED AND BLANK COLUMNS IF ANY SHOULD BE MARKED AS NIL

2. PLEASE READ THE INSTRUCTION TO TENDERERS, THE GENERAL AND SPECIAL TENDER

CONDITIONS, IRS CONDITIONS OF CONTRACT AND ADDITIONAL SPECIAL CONDITIONS OF

CONTRACT BEFORE FILLING UP THE TENDER FORM. PLEASE SIGN ON EACH PAGE.

3.YOUR SIGNATURE ON THE TENDER FORM WILL BE INDICATIVETHAT YOU HAVE READ AND

ACCEPTED THE CONDITIONS AS ENCLOSED AND REFERRED.

4.THE TENDERERS MAY DOWNLOAD TENDER DOCUMENT FROM THE WEB SITE

www.scrailway.gov.inANDSHOULD ENCLOSE COST OF THE TENDER DOCUMENT IN THE FORM

OF DD/CASH RECEIPTS IN FAVOUR OF CHIEF CASHIER, SOUTH CENTRAL RAILWAY,

SECUNDERABAD. 

The Tender document consists of the following:-

1.Tender Schedule and offer form

2.Instructions to the tenderers

3.General Tender Conditions

4.Special Tender Conditions (wherever applicable)

5.IRS Conditions of contract and

Additional Special Conditions of Contract.

6. Standard Proforma for the following:

(a)Earnest Money Bank Guarantee

(b)SD Bank Guarantee

(c ) Warranty Bank Guarantee.

7. EFT Mandate form.

INSTRUCTIONS TO THE TENDERERS

 

A. The Stores tenders published by the Controller Of Stores, South Central Railway are published under Stores Tenders of South Central Internet site- www.scrailway.gov.in. This site also permits downloading of the tender documents. The intending tenderers may visit this site and download the tender document. While submitting the Tender documents, they should attach a Demand Draft drawn in a nationalized bank in favour of Chief Cashier/ South Central Railway, payable at Secunderabad/ Cash Receipt , towards the cost of the tender document. If the tenderer is eligible for free Tender Schedule, eligibility proof such as NSIC certificate should be enclosed along with the Tender.

 Payment through EFT: South Central Railway have started making payments throughEFT system for quick money transfer to the tenderers account.

i)Tenderer to give consent in a mandate form for receipt of payment through EFT (As per the form given at the end of this document);

ii)Tenderer to provide the details of Bank Account in line with RBI guidelines for the same.These details will include Bank Name, Branch Name & Address, Account type, Bank Account No; and Bank & Branch code as appearing on MICR cheque issued by bank;

iii)Tenderer to attach certificate from to their bank certifying the correctness of all above mentioned information (as mentioned in para (ii) above);

iv)In case of non-payment through EFT or where EFT facility is not available payment will be released through cheque.

--------------------------

1.Submission of Offers and Filling of Tender:

a.This tender should be duly filled in (in the enclosed Offer Form and Tender Schedule), duly signed at relevant places and submitted in asealed cover addressed to The Controller of Stores, South Central Railway, Rail Nilayam, Secunderabad-500071 superscribed with the following words:-

"Tender Nodue date of opening.. opening time .. ".

 

b.Tender formis not transferable and the tender should be submitted by the party in whose favour the same has been issued or sold.

c.Tenderers, other than those submitting their offers in downloaded tender documents, should quote in the prescribed form, duly filled in and signed, accompanied with the signed Tender documents. Tenderers, falling in this category, may also quote in their own letter-head, accompanied with signed tender documents.For such offerswithout signed tender documents, the Railways reserve their rightto ignore the same. However, these may be considered on merits in deserving cases. In the event of placement of orders on such Tenderers, they shall have to sign the Tender documents (sent by the Railways or subsequently on payment) as token of acceptance of General and Special Conditions of Tender and IRS Conditions of Contract, before placement of orders on them.

 

d.Offer form, tender schedule and firms letter head (if used) must be duly signed by the tenderer in each page.

 

e.Even if not able to quote, Tenderers are requested to return this tender without fail, by the due date duly signed with the words "NO QUOTATIONS" written across the face of it.

 

f.The Tenderers should avoid over writings and corrections. However if such corrections and over writings become inescapable, these are to be properly and legibly corrected. Offers with correction/over writing should be properly attestedby the Tenderer at every correction.

 

g.The rates quoted should be written both in words and figures.The unit of rates should be in metric system and as per tendered specification/schedule.In case of difference between words and figures, the rate in words will prevail. However this does not preclude the Railways for availing themselves ofthe lower rates of the two.

 

h.Tenderers are requested to go through the IRS Conditions of Contract, Special Conditions of Contract, Instructions to tenderers, General and Special Tender conditions carefully and note that, by submitting the tender documents, duly signed, they have accepted these conditions and undertake to abide by these conditions.

 

EARNEST MONEY DEPOSIT & SECURITY DEPOSIT:

2.1EARNEST MONEY DEPOSIT: FOR OPEN TENDERS:

 

2.1.1Earnest Money may not be taken from other Railways, Govt. Departments, SSI units registered by NSIC, manufacturers and their authorized agents and firms borne on the list of the approved sources of Railway/RDSO/DLW/CLW/ICF/RCF/CORE,etc.The Earnest Money may not be taken also from tenderers who are registered with S.C. Railway.

2.1.2In this connection, it may be noted that such waiver of Earnest Money in favour of SSI Units registered with NSIC and firms registered with the Railways may be considered in respect of items/Trade Groups for which, the tenderer is registered with the Railways/NSIC and upto a value equal to monetary limit of such registration.

2.1.3The amount of EMD to be taken in Advertised tenders wherever applicable, willbe 2% of the estimated tender value subject to an upper limit of

a) Rs.5 Lakh for tenders valuing upto Rs. 10 Crores and

b) Rs.10 Lakhs for tenders valuing above Rs.10 Crores.

2.1.4EMD should remain valid for a period of 45 days beyond the final bid validity period.

2.1.5Tenderers seeking waiver of/exemption from payment of Earnest Money shall have to submit requisite documentary evidence in support of their claim.For the other tenderers, Earnest Money as stipulated in the Notice for Invitation of Tenders (NIT) will have to be paid.

2.1.6Tenderers other than those who are exempt from paying Earnest Money or in whose favour Earnest Money Payment may be waived as detailed in the preceding paragraphs shall be required to give Earnest Money failing which, their offers shall be liable to be ignored.

2.1.7Forfeiture of Earnest Money:

When the tenderers undertake to keep the offers valid for a particular period but if the offer is withdraw or revised within the validity period, the Administration gets the right to forfeit the Earnest Money Deposit.

 

2.2SECURITY DEPOSIT:

Please note the following conditions of IRS Conditions of Contract:

 

2.2.1Para 0501: Unless otherwise agreed between the Purchaser and the contractor, the contractor shall, within 14 days of written notice of acceptance of the tender has been posted to the contractor, deposit with the Railway concerned (in cash or the equivalent in Government Securities or approved Banker's Guarantee Bond) a sum equal to 10 per cent of the total value of the stores detailed in the contract for which, the tender has been accepted, subject to upper ceiling of Rs.10 Lakhs for contracts valuing upto Rs.10 Crores & Rs. 20 Lakhs for contract valuing above Rs. 10 Crores.

 

2.2.2SAFETY ITEMS: The Security Deposit (SD)/Performance Guarantee shall be taken from all firms for contracts for Safety Items placed against Advertised Tenders and Global Tenders wherever the contract value exceeds Rs.10 lakhs.

 

2.2.3OTHER THAN SAFETY ITEMS:The Security Deposit (SD) shall be taken from all firms for contracts for items other than safety items placed against Advertised Tenders and Global Tenders subject to following exemptions:

 

a)Vendors registered with NSIC upto the monetary limit of their registration for the items ordered.

b)Vendors registered with Railways upto the monetary limit of their registration for the items ordered/trade groups for items ordered or vendors on approved list of RDSO/PUs/CORE/Railways etc. for those specific items for which they are on approved list or other Railways, Govt.Departments on their specific request and on merits of the case as considered by tender committee.

c)Tenderers seeking waiver of Security Deposit on this ground shall have to submit requisite documentary evidence.

 

2.2.4The usual security deposit, shall, however be taken in the case the contracts are placed on unregistered/unapproved firms or for items for which a particular firm is not registered/approved.

 

2.2.5Security Deposit should remain valid for a minimum period of 60 days beyond the date of completion of all the contractual obligations of the supplier.

 

2.2.6Para 0502:If the contractor, having been called upon by the Purchaser to furnish security fails to make and to maintain a security deposit within the specified period, it shall be lawful for the Purchaser:-

 

a)to recover from the Contractor the amount of such security deposit by deducting the amount from the pending bills of the contractor under the contract or any other contract with the purchaser or the Government or any person contracting through the Purchaser or otherwise however, or

b)to cancel the contract or any part thereof and to purchase or authorize the purchase of the stores at the risk and cost of the contractor and in that event the provisions of Clauses 0702 shall apply as far as applicable.

 

2.2.7Para 0503: No claim shall lie against the Purchaser in respect of interest on cash deposits or Government Securities or depreciation thereof.

 

2.2.8Para 0504:The Purchaser shall be entitled and it shall be lawful on his part to forfeit the said security deposit in whole or in part in the event of any default, failure or neglect on the part of the Contractor in the fulfillment or performance in all respects of the contract under reference or any other contract with the Purchaser or any part thereof to the satisfaction of the Purchaser and the Purchaser shall also be entitled to deduct from the said deposits any loss or damage which the Purchaser may suffer or be put by reason of or due to any act or other default, recoverable by the Purchaser from the Contractor in respect of the contract under reference or any other contract and in either of the events aforesaid to call upon the contractor to maintain the security deposit at its original limit by making further deposits, provided further that the Purchaser shall be entitled to recover any such claim from any sum then due or which at any time thereafter may become due to the Contractorunder this or any other contracts with the Purchaser.

 

2.2.9The Earnest Money and Security Deposit is to be paid in any of the manner prescribed below.

1.Government securities at 5 percent below the market value.

2.Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds of the State Bank of India or any of the Nationalised Bank.

3.Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds issued by any Scheduled Commercial Bank.

4.Deposit Receipts, of the Post Office Saving Bank.

5.The Bond of Indian Railway Finance Corporation (in case of bonds issued under non-cumulative interest scheme, post dated interest warrants should be submitted along with the bonds and the interest warrants could be given back as and when the interest becomes due) and KRCL Bonds of Rs.1000 each.

Payment of Security Deposit and Earnest Money in the form of Pay Order/Demand Draft should be made in favour of FA&CAO only.

 

3.FAX Quotations and late Tenders:

i.Offer received through FAX may be considered in case of procurement of itemsthrough proprietary article certificate & single tender only subject to the firm submitting post conformation copy on their letter head duly signed by the authorized person as per the tender conditions within ten working days from the date of opening.

ii.However for other type of the tenders i.e. for Bulletin, Limited, Advertised open tenders, Global Tenders etc. offers received through FAX and found in the tender box at the time of the opening of tenders and complete in all respects and duly signed by the authorized signatory should be treated as in time offer subject to the firm/firms submitting post conformation copy duly signed by the authorized person as per the tender conditions within ten working days from the date of opening. The time limit for receiving confirmation copy of the FAX offers received from foreign firms against Global Tenders is 21 (Twenty one) days.

iii.All other offers received by FAX not covered in para (i) & (ii) above shall be treated as invalid. The offers received by FAX as covered in para (ii_ above shall be deemed as unresponsivein case the conformation copy is not received within the time stipulated in para(ii) above.

iv.No purchase order shall be issuing against the FAX offers without receipt of the conformation copy of the same.

v.It shall be the sole responsibility of the tenders to ensure that the offers submitted by FAX are dropped in appropriate tender box in sealed cover/covers and within the prescribed time and date. The Railways shall not beresponsible in any way for any in dropping the FAX offers in the appropriate tender box.

vi.Late and delayed tenders will not be accepted.

4.Drawings and Specifications:

4.1Unless Drawings and Specifications as mentioned in the tender schedule/enquiry/offer form are provided with the tender documents or made available in S.C. Railway website for downloading by the tenderers, these may be obtained in the manner shown below:

i)Specification/STR/Drawing of RDSO/ICF/DLW/ CLW/ CORE etc may be obtained from the concerned authority who have issued these, on payment.

ii)Drawings and Specifications framed by the concerned authority of S.C.Railway may be obtained from office of the Controller of Stores, South Central Railway, 6th Floor, Rail Nilayam, Secunderabad-500 071.

However, in these cases, the tenderers shall have to:-

 

(a)Produce the documentary evidence for having paid the cost of tender documents by them unless they are provided with these documents free of cost because of their entitlement / eligibility.In the later case, the tenderer will have to produce documentary evidence that they have been provided with free tender documents.

(b)For such tenderers who download the tender documents, they have to produce the proof of such download while asking for such drawings and specifications.

 

4.2If any tenderer happen to quote with their own Drawing No / Part No / Specification, then, they shall have to, necessarily, submit all the requisite documents and information in support of their offer being to be in conformity with the tender Drawing / Specification.Furthermore, copies of such drawings / specifications / catelogue are also to be enclosed, failing which the offer will be liable to be rejected.

 

5.Attendance of Representatives for Tender Opening:

For Open Tenders and Special Limited Tenders, representatives of tenderers desirous to attend the tender openingcan do so on production of a proper letter of authority from the respective firm, failing which they may not be allowed to attend the tender opening.Authorised representatives of those firms who have submitted the tender documents alone shall be allowed to attend the tender opening.

6.Particulars to be enclosed along with tender:

Following details should be enclosed along with the tender:-

i)Performance statement against Railways Orders for supply of same or similar items. Correct status/supply position ofpending orders if any should be invariably indicated.Supporting documents are to be enclosed.

ii)Details of Machinery and Plant, other equipments, testing facilities, quality management/control systems and details of technical manpower available.

iii)Tenderers should submit documentary evidence in respect of their RDSO approval indicating current validity and approval of their QAP by RDSO wherever necessary.

iv)Photo Copies ofthe supply/purchase orders along with the Inspection Certificates by RITES/RDSO and Receipt Notes should be enclosed for ready reference, along with tender to substantiate their past performance.

v)The Tenderers should also indicate their registration number with South Central Railway with monetary limit, trade groups for which registered and, validity date of registration.

vi)NSIC Certificate if Registered with NSIC.

vii)Proof for having paid EMD or grounds in favour of exemption/waiver.

viii)Complete Tender documents duly signed on each page in token of acceptance.

 

7.Rate , Taxes and Duties:-

7.1Tenderers should clearly indicate separately ex-works basic price, packing charges, forwarding charges, Excise Duty, Educational Cess Sales Tax/VAT and Freight charges upto destination, applicable for each unit tendered.Duties and Taxes are not payable on freight charges and forwarding charges.Therefore, if the tenderer happens to quoted a composite price, due break-up is to be given showing freight and forwarding charges separately.

7.2Tenderers are requested to quote in the following terms :-

FOR Destination basis, duly indicating separately breakup of Ex works Price, Duties, Taxes, Packing, Forwarding and Freight charges. 

 

7.3  The tenderers are required to quote in the same rate units (Nos./Kgs./Sets/ mtrs/ kmtrsetc.) as given in the tender schedule.Any deviation in this aspect will make the offer liable to be ignored.

8.  Price Variation Clause:-

8.1        Railways, in general,  prefer firm price contracts.   

8.2.   However, there may be cases of procurement of stores which are raw-material (Steel/ Non-Ferrous) intensive wherein the tenderers may quote with Price Variation clause.  Such Price Variation Clause must be unambiguous and having clear price variation formulae.  Ambiguous conditions like Price Variation Clause applicable will not be acceptable and such offers shall be summarily rejected.

8.3.  Following Price Variation Clauses are generally recognized by the Railways. 

a)IEEMA PVC for the items covered by IEEMA formulae.

b)Railway Boards PVC for items covered by such formulae.

c)DGS&Ds PVC for the items which are covered by such formulae.

Note:- Tenderers whose offers are with IEEMA PVC, Railway Boards PVC / DGS&DsPVC are to quote with the prices of input raw materials ruling on the base date as stipulated in the relevant PVC ( IEEMA/ Railway Board/ DGS&D). For example in case of IEEMA PVC, if the Tender opening date falls in May of a year, the applicable prices of input raw materials should be those prevailing onthe 1st April of that year. If any Tenderer quotes with any other base date (for prices ofinput raw materials), then all such offers shall be updated to the commonbase date as stipulated in the PVC of IEEMA/Rly Board/ DGS&D as the case may be. For example,in the case of IEEMA PVC for a tender opened in May of a year, if any tenderer quote with prices of input raw materials ruling on a base date other then 1st April of that particular year, quoted ratesshall be updated to the base date of 1st April of that particular year (for input raw materials)for the purpose of evaluation of offers and determination of inter se ranking of the offers. 

8.3.1.For those items which are not covered by any of the aforesaid PVC, other PVC specific for such stores may be considered and accepted if found to be in order.  However, in all such cases, the contract prices upward/downward will be regulated with reference to the date of inspection of stores and will be applicable to the stores tendered for inspection after one month from the date of variation in the price of relevant input material by the specified agencies like SAIL, HZL, HCL etc.  The date on which stores are offered for inspection will be treated as the date of supply for the purpose of Price Variation Clause.  Furthermore, the base month for such input materials will be one month prior to that of tender opening.  Admission of any claim in this regard will be subject to the suppliers furnishing  all the supporting documents.

If any tenderer quote with any other base month,for input materials, then all the offers shall be updated to the base month (for input materials) ofone month prior to that of tender opening.Evaluation of offers and determination of inter-se ranking of the offers shall be done on this basis.

8.4.       Tenderers who quote with price escalation on account of raw material in the tenders will please note that such escalation claims will be subject to verification by the Financial Adviser and Chief Accounts Officer of the  Railway with reference to the records that may be called for from them. Successful tenderer will be required to produce complete records including position of ground stocks available at the time of submission of tender for verification / examination of their claims under price escalation before their claims are accepted. If the tenderer fails to establish his claim by producing satisfactory records before the FA & CAO of this Railway their claim will be disallowed and/ or proportionately reduced.

8.5Special terms and conditions for all the Lead Acid Batteries :

The tenderer should indicate weight of lead used in manufacturing of one battery as raw-materialinput. Modvat/additional duty set-off on the goods supplied if any, accrued to the tenderer will have to be passed on to Railways (purchaser) under the MODVAT Scheme by way of reduction of prices.

9.Excise Duty:

 

(a)Tenderers are requested to refrain from quoting vague terms like Excise Duty applicable and mention clear the rate of ED leviable for the tendered stores.If the quoted rate is inclusive of ED,the tenderer must indicate the ED considered clearly.If it is not done so, then, the offer will be taken as inclusive of ED at the highest rate obtained in the tender batch.General phrases as Excise duty Extra as applicable shall not be accepted. Please mention clearly if excise duty is applicableon the tendered item or not.

 

If Excise Duty (ED) is being charged extra, then the tenderers should clearly indicate the exact rate of ED applicable in their offers.

If concessional ED is applicable at the time of quoting of offers and the tenderers wish that actual ED at the time of supply should be paid, then they should clearly indicate that ED will vary based on the turn over value and must also indicate the maximum rate of ED payable.Tenders will be evaluated on the basis of maximum rate of ED which may become applicable.However, ED will be reimbursed at actuals and within the upper ceiling of the maximum ED rate considered for evaluation purpose.

If ED is not claimed in the offer and no mention is made about Excise duty, then no ED will be payable.If ED is claimed in the offers with exact rate and statutory variation is also claimed by the firm in the offer, the same will be considered duly evaluating the offers with exact rate of ED.

In no case the variation in ED due to increase in turnover during the currency of contract will be admissible unless specifically mentioned in the offer.

If tenderers misclassifiesthe goods under relevant excise tariff rules, the Railway will not pay increased Excise Duty due to such misclassification.

ED will be paid subject to documentary evidence and government notifications only.

 

(b)Payment of ED and Excise Duty- Modvat Rules.

 

1.The purchaser will not be responsible for payment of taxes and duties paid by the supplier under misapprehensions of law or misclassificationand in such cases even if the suppliers bill contain an element of tax or duty which is not payable by the purchaser, such payment would be disallowed.

2.The claim for ED on each bill should be supported by the following certificates.

2.1The rate of ED is advalorem. The ED at present legally leviable in this case is Rsi.e on Rs..being the unit value of the Stores assessed by the concerned authority of the Excise department.

2.2Certified that the ED charged on this bill is not more than that legally leviable and payable under the provision of the relevant act or rules made thereunder.

2.3Certified that the amount of Rs..claimed as ED in this bill is in accordance with the provision of the rules in all respects and the same has been actually paid to the excise authorities in respect of the stores covered by the bills.

2.4Quarterly certificate to the effect that no refund of ED already reimbursed against this contract has been obtained during the quarter ending.In the event of any such refund being obtained by the seller, the same should be passed on to the purchaser.

2.5 MODVAT Certificate:-The tenderers will have to give the following certificates in their offer:-

We hereby declare that in quoting the above price, we have taken into effect, the full effect of the duty set-off on'Central excise and counter veiling duties' .available under the existing MODVAT scheme. We further agree to pass on such additional duties and set off as may become available in future in respect of all the inputs used for the manufacture of the final product, on the date of the supply under MODVAT scheme, by way of reduction in price and advise the purchaser accordingly.

2.6Special MODVAT Condition for all the Lead Acid Batteries :

The tenderer has to give details of MODVAT benefit on raw material (lead), which will be passed on to the purchaser.The tenderer should indicate weight of Lead used in manufacturing one battery as Raw Material input. Modvat benefits/additional duty set-off on the goods supplied, if any, accrued to the tenderer will have to be passed on to the Railways (purchaser) under the MODVAT Scheme by way of reduction in prices.

10. Sales Tax/Valve Added Tax :

Sales tax / Value Added Taxes should be quoted extra if applicable.

Issue of Form D towards CST on inter-state purchase by Railways is withdrawn. Consequent upon the withdrawal of D Form, the rate of CST on inter-state sale to Railways shall be the rate of VAT/State Sales Tax applicable in the state of the selling dealer.

Wherever Value Added Tax is applicable, the following may be noted :

(1) (i) The tenderer should quote the exact percentage of VAT that they will be charging extra.

(ii) While quoting the rates, tenderer should pass on (by way ofreduction in prices) the set off/input tax credit that would become available to them by switching over to the system ofVAT from the existing system of sales tax, duly stating thequantum of such credit per unit of the item quoted for.

(iii) The tenderer while quoting for tenders should give thefollowing declaration:

We agree to pass on such additionalset off/input tax credit as may become available in future in respect of all the inputs used in the manufacture of the final product on the date ofsupply under the VAT scheme by way of reduction in priceand advise the purchaser accordingly.

(2) The supplier while claiming thepayment shall furnish thefollowing certificate to the paying authorities:

We hereby declare that additional set offs/input tax credittothe tune of Rs. ____________ hasaccrued and accordingly the same is being passed on to the purchaser and to that effect the payable amountmay be adjusted .

If any surcharge on tax is applicable the same should be indicated clearly.

If Excise duty and Sales tax are not quoted intheoffer, itshallbe considered that no excise duty/sales tax is applicable. 

 

11.Octroi Exemption Certificate:

The purchaser will not bear any octroi charges, and if required will issue octroi exemption certificate only.In the event of octroi exemption certificate not being honoured by the concerned municipal authority, and octroi charges become payable, the supplier will have to bear the Octroi charges.

12.I.T.C.C.:This will be governed by extant rules of the Government of India.Tenderers are to indicate the Income-Tax PAN details and enclose a Photocopy of the same.

 

13.Validity:

 

Tenderers are to keep validity of their offer open for a minimum period of 120 days.Offers with validity period of short duration may be taken as unresponsive to Railways requirements.

 

14.Evaluation Criteria: 

 

i) Rates quoted by the Tenderers with discounts if any linkedto quantity will be considered for determining inter-se position of the offers.Discounts with conditions attached to early payment, earlyReceipt notes etc., will be ignored for calculating inter-se position.However, Railway may avail the discounts linked to early payment, early receipt notes etc. if otherwise, firms offer is found to be acceptable.

ii) Inter-se ranking of the offers will be determined on Total Unit Rate basis which will include basic rate, ED, Educational Cess, ST, Packing charges, Forwarding charges, freight, insurance and any other charge or cost quoted by the tenderer.In case of offers with P.V. Clause, the quoted rates shall be updated to a common base date for such assessments.

iii) The criteria for evaluation of inter-se-position of bidders shall be item wise and destination wise unless otherwise some other evaluation criteria is specifically mentioned in the tender.

 

 

 

 

 

 

 

 

 

GENERAL TENDERCONDITIONS

 

1. Acceptance of the Offers:-

 

The Controller of Stores is not bound to accept the lowest or any offer nor to assign any reason for doing so and reserve to himself the right to accept any offer in respect of the whole or any portion of the item specified in the tender and contractor shall be required to supply at the rate quoted.

 

2. Quantity to be ordered:

2.1Railways reserves the right tocancel the tender for full orpart quantity tenderedwithout assigning any reason. The rates quoted by the tenderers for the full quantity would be taken as valid.

2.2Wherever necessary by the purchaser, the quantity to be ordered can be split by the purchaser amongst two or more sources for ensuring better availability of material keeping in view the vital/critical nature of item, quantity to be procured, delivery requirements, capacity of the firms and past performance of the firms.

2.2.1CRITERIA FOR SPLITTING OF TENDER QUANTITY:

In all cases of split tendering, the following Criteria will be applicable :

2.2.1.1The Purchaser reserves the right to distribute the procurable quantity on one or more of the eligible tenderers. Zone of consideration of such eligible tenderers will be the right of the Purchaser.

2.2.1.2Wheneversuch distribution/splitting of the tendered/procurable quantity is made the quantity distribution will depend (in an inverse manner) upon the differential of rates quoted by the tenderers (other aspects i.e. adequate capacity - cum - capability, satisfactory past performance of the tenderers, outstanding order load for the Railway making the procurement, quoted delivery schedule vis -a - vis the delivery schedule incorporated in the tender enquiry etc., being same/similar) in the manner detailed below :

Price differential between L1 and L2

Quantity distribution ratio between L1 and L2

Upto 3%

60 : 40

More than 3% and upto 5%

65:35

More than 5%

At least 65% on the L1 tenderer. For the quantity to be ordered on the L2 tenderer, Railway would decide keeping in view condition laid down in paras 2.2.1.5 & 2.2.1.6 below

2.2.1.3If splitting of quantity is required to be done by ordering on tenderers higher than the L2 tenderer, then the quantity distribution proportion amongst the tenderers will be decided by transparent/logical/equity based extrapolation of the model as indicated in above Para.

2.2.1.4The Purchaser reserves the right to counter offer the lowest acceptable rate for bulk ordering to the higher tenderer(s). Inthe event of rejection of such counter offer(s), the purchaser will reserve the right to decide on the quantity distribution ratio/proportion.

2.2.1.5The rate ofthe highest eligible tenderer with the zone of consideration has to be per-se, reasonable to the Purchaser.

2.2.1.6In the cases of inadequate capacity, Capatity-cum-capability, dissatisfactory past performance, large quantity of outstanding orders (liquidation of which will take very long time) etc., the Purchaser shall have the right to distribute the procurable quantity amongst tenderers with due consideration to these constraints and in such a manner as would ensure timely supply of materials in requisite quantity to meet the needs of operation, maintenance, safety etc., of the Railways, regardless of inter-se-ranking of the tenderers and in a fair and transparent manner with due conformity to the Principle of natural Justice and Equity.

2.3In cases where the Rlys./PUs has entered in ToT/JV agreements :

As the Rly. has entered into ToT/JV agreement with no. of firms, they reserve the right to place orders on all ToT/JV agreement partners. However, for ratio/proportion of quantity distribution among such ToT/JV agreement partners, conditions as detailed in Para 2.2.1.2, 2.2.1.3 and 2.2.1.4 above with the exception of conforming to the condition ''the rate of the highest eligible tenderer within the zone of consideration has to be per-se reasonable to the purchaser.''

2.4The Purchaser reserves the right to increaseand /or decrease the order quantity by a quantity not exceeding 30% of the ordered quantity on the same price and terms and conditions during the currency of the contract, with suitable delivery schedule for the enhanced quantity.

3.Procurement from Approved Sources :

3.1.Approved by RDSO:

3.1.1. Wherever necessary, as per policy of procurement, bulk purchases will be made only from those firms who have been approved by RDSO for such ordering i.e. Part-I vendors before opening of tender to manufacture and supply the item. The tenderers are to enclose copies of RDSO approval letters along with their quotation. The status of the firm will be reckoned as on the date of tender opening and not thereafter. But, in case of downgrading/removal/suspension/banning etc. after opening of tender, such changes shall be taken into account while considering the offers.

3.1.2. Orders on firms approved by RDSO as Part-II vendors shall be Developmental Orders, normally.

3.1.2.1Orders on firms approved by RDSO as Part-II vendors shall be limited upto 15% quantity normally.

3.1.2.2Ordering on Part II approved source with competitive price ranking can be considered beyond 15% in case that source has successfully executed a larger quantity order in the same Railway unit or other Railway units/PUs in the preceding 3 years. Successful executions will be signified by both quantitative and qualitative performance. Upper limit of quantity to be ordered on such a source will not exceed 25% of the net procurable quantity in a given procurement case with another 5% on new source in deserving cases and with strict compliance of extant procedure on such educational ordering. That is to say, the ordering quantity on a Part II source can be upto 15% or the highest quantity of a past order, successfully executed in the preceding 3 years in the same Railway unit or other Railway units/ PUs, whichever is higher, subject to maximum of 25% of the net procurable quantity in the given procurement case.

3.1.2.3Aggregate quantity to be ordered on all Part II approved vendors taken together, however, will not exceed the 25% of the net procurable quantity, in a given procurement case.

3.1.2.4All Part II approved vendors must submit attested photo copies of POs Inspection certificates and receipts notes/Certificates related to the maximum quantity of the material under procurement, successfully supplied by them in any single order placed on them over a preceding three years by any Zonal Railway/PU. Such tenderers are to note that non-submission of such documents shall be taken as their not having any such past performance and their offers shall be considered further as per extant rules and no back reference in this regard will be made to them.

3.1.2.5If the tendering firm(s) is not approved by RDSO as mentioned above either for placement of bulk order or for developmental orders, than they must submit their credentials details i.e. Machinery and Plant, Testing Facilities, QAP, Technical Manpower, etc.In deserving cases, their offers may be considered for educational orders after assessment of capacities/capabilities by RDSO.Failure to furnish requisite credentials as mentioned above will make their offer liable to be ignored.

3.2Approved by DLW/CLW/ICF/CORE/RCF/CME/CEE-S.C.RLY:

Same conditions shall apply as in the case of RDSO approved sources as detailed in Para 3.1 above with the exception that wherever RDSO is appearing, the same should be replaced by DLW/CLW/ICF/CORE/RCF/CME/CEE-S.C.RLY.

3.3.Procurement of materials falling in the category other than those in Para 3.1 and 3.2above:

In these cases, the Railways reserves the right to make bulk procurement from the tenderers who conform to/comply with the eligibility criteria (as detailed in the special conditions of tender) whereas developmental orders may be considered for placement on other sources whose offers are competitive and who have submitted adequate evidence towards their capacity-cum-capability and prima facie the Railways are satisfied they are capable of executing the orders but whose capacity to supply bulk quantity has not been established in the past.

4. Purchase / PricePreference Clause:-

The purchaser reserves the option to give a purchase / price preference to the offers from Public Sector units and /orfromSmall Scale/Cottage Industries Units, over those from other firms, in accordance with the policies of the Govt. from time-to-time.The price preference above cannot however, be taken for granted and every endeavor need be made by them to bring down cost and achieve competitiveness.

5.Quotations for Imported items:-

5.1. Quotations in Foreign Currency:-

6.1. 1.Please note that, in case of Quotations in Foreign Exchange the firms should quote on FOB basis.

6.1.2.Any additional expenditure incurred by the purchaser on account of increasedCustom Duty, Freight charges as also extra cost which may arise on account of Variation in Exchange rate during the extended delivery schedules, shall be borne by the Contractor.

5.2. Imported Stores offered by Indian Agents in Indian Currency:

Any authorized dealer / agent / recognized industrial distributor quoting on behalf of their foreign principal in Indian Rupees shall have to comply with the following:-

1.To quote with tender specific authorization from the foreign manufacturer.

2.(i)While quoting on behalf of foreign principals tenderersare required to furnish the principals invoice/ proforma invoicealong with theirquotation.

(ii)Proforma invoices however, may be accepted in exceptional cases where, it is not possible to obtain the invoices before the contract is placed.

3.The tenderer shall have to undertake in the tender to comply with the following

a)Consent to furnish copy of customs out passed bill of entry for the goods, relevant to each consignment Manufacturers Test and Guarantee certificate issued by the manufacturer, Copy of Bill of Lading/AWB relevant to the consignment; Copy of commercial invoice of the foreign manufacturer/principals relevant to each consignment.

b)Current and valid authorization/dealership certificate of foreign manufacturer/principal.

c)Compliance of sea/air worthy packing condition in manufacturers original packing with manufacturer's tamper proof seal and compliance of the Packing condition as laid down in IRS Conditions of Contract Para- 1800.

Failure to comply with any of the aforesaid conditions as referred above will make the offer liable to be rejected.

4.Tendererhas to indicate the following while submitting the offer:

(a) The precise relationship between the foreign manufacturer/principaland their agents/associates.

(b)The mutual interest which the manufacturer/principal and the Indianagent/associates have in business of each other is to be indicated.

(c) Indian agents Permanent Account Number is to be indicated.

5. Any additional expenditure incurred on account of Customs Duty and Exchange Rate variation during pendency of the Contract will be on contractors account.

6. For bearings manufactured in foreign countries, Visual inspection by RITES inside India after receipt is acceptable with import documents and original manufacturer's test and Warranty/ Guarantee certificate. Firm should consent to deposit security money as per IRS conditions for due execution of the contract if asked to do so.This is irrespective of the fact whether the firm is registered with this Railway or not.

6.Payment Terms:

6.1Payment for the stores oreach consignment thereof will be made to the contractor on submission of bill accompanied by the prescribed documents mentioned in the contract.

6.295% payment for the stores or each consignment thereof will be made against Inspection Certificate and proof of dispatch.For dispatch of material by road, it is the challan of the supplier duly certified by the consignee Gazetted Officer towards receipt of material at consigneesend will constitute the proof of dispatch for the purpose of payment.For rail dispatch, clear and unqualified RR/PWB may be considered as the proof of dispatch.

6.3For balance 5%, payment will be made on receipt and acceptance of stores by the consignee, signified by granting of Receipt Note.In other words, balance 5% payment shall be made against Receipt Note.

6.4However, in this connection it is to be made clear that for orders valuing upto Rs.5 lakhs, no advance payment will be made and only 100% payment will be made against receipt and acceptance of the material by the consignee i.e., against Receipt Note.

6.5In deserving cases, 98% / 2% payment can also be considered within the framework of extant rules and procedures.

6.6For Machinery & Plant items:80% payment will be allowed after receipt of the machine in good and acceptable condition at consignees end against inspection certificate and the suppliers challan certified by the consignee Gazetted Officer.Balance 20% payment will be made on successful installation, commissioning and testing of the machine and also furnishing of a Bank Guarantee towards warranty obligations of the contractor for 10% of the value of the machinery or plant.

6.7Discounts / rebates linked with early payment and / or early granting of Receipt Note etc within specified days will not be considered for determination of inter-se ranking of the offers.However, the Railways reserves the rights to avail themselves of such rebates / discounts.

7.Inspection Clause:

(a) Material peculiar to Railways such as parts and fittings of rolling stock except raw material, which have been found rectified during inspection and which could not be rectified, are required to be defaced by the inspecting authority to avoid recycling of such rejected material and to avoid ultimate failures to assets. All such rejected materials peculiar to Railways should be mechanically defaced to prevent sale to Railways again.

(b)(i) Material to be pre-inspected by RDSO or RITES at Railway's option, or as stated in this Tender Enquiry.Tenderers are requested to quote accordingly.At a later date anyrequest for change ininspection clause will not be considered.

(ii) In case the firm fails to offer the material for inspection against inspection call issued to the inspecting agency or if the material have to be reinspected due to rejection of the material at firms premises by the inspecting agency or due to non despatch of material within validity of Inspection Certificate, then 50% of the inspection charges applicable for the offered quantity subject to maximum of Rs 5,000.- and actual cost of the test charges incurred will be paid by the supplier to the inspecting agency.

(iii) Traders/ authorized agents are required to offer material for inspection at manufacturerspremises only.

(c)Final inspection and acceptance of the supplied material will be done by the Consignee after receipt of the material.

(d)The rejected material for exclusive use of Railwayswill be defaced toensure that the rejected item are not recycled and supplied to other Railways or purchasers.

8.Terms of Delivery:

(a)Mode of dispatch should be preferablyby road.

(b)Suppliers should clearly quote-FOR Conditions i.e. station of dispatch or destination.If firm's offer is FOR Destination then applicabble freight charges should be clearly indicated.

(c ) Transit Insurance forrisk in transitshould be arranged by the supplier, since risk in transport in all such cases rests with the supplier.

(d) The firms who offer to dispatch the Stores by Road on FOR Station of Despatch basis, but freight prepaidup to the Destination may seek reimbursement of such freight charges. Such re imbursement shall be made at actuals and against documentary evidence within the upper ceiling of Freight charges as indicated by them or Rail freight by Passenger Train which ever is lower. However for evaluation of Offers, it is the quoted Freight which will be considered.

9.Delivery Schedule:

(a)The tenderers are to note the Railwaysrequired delivery schedule given in the Tender schedule/ Offer Form and quote accordingly.Vague Delivery terms like 2/ 32 weeks etc must be avoided and if quoted will be taken as commercially unresponsive to railways requirement.

( b ) Time for and the Date ofdelivery as specified in the Purchase Order is the essence of the Contract. However, extension of Delivery date may be considered in deserving cases where genuine reasons exists. Such extensions of delivery date shall be considered with Liquidateddamages and Denial Clause as per IRS Conditions of Contract Para 702(a), subject to a maximum of ten percent of the value of the delayed supplies. The upper limit for recovery of Liquidated Damages will be 10% (Ten Percent) of value of delayed supplies, unless otherwise provided specifically in the contract.

10. Cartel Formation:-

a) Whenever all or most of the approved firms quote equal rates and cartel formation is suspected, Railways reserves the right to place order on one or more firms with exclusion of the rest without assigning any reason thereof.

b) Firms are expected to quote for a quantity not less than 50% of the tendered quantity. Offers for quantity less than 50% of tendered quantity will be considered unresponsive and liable to be rejected in case Cartel Formation is suspected. Railways however reserve the right to order on one or more firms any quantity.

c) The firms who quote in cartel may be warned that their names arelikely to be deletedfrom list of approved sources.

d) Wherever there is suspected cartel formation from approved sources, the Railways reserve the right to place orders on Part-II sources and new sources beyond limits of 15% and 5% respectively.

11.Time for making Risk Purchase:

Whereas this will be governed by the relevant clauses of IRS Conditions of Contract, such Risk Purchase shall be made within 9 months from the date of breach of Contract.

12.Warranty Bank Guarantee:

For items like machinery and Plant, Costly equipment, capital Spares , the tenderer will have to furnish a warranty Bank Guarantee of 10% of Material value to cover their warranty obligation. The Format of the Warranty bank guarantee is enclosed herewith.

13. Marking of Material Supplied:

The tenderer should agree to indicate the Manufactures Name, Month and Year of manufacturing by casting/stamping/etching/embossing, at an appropriate place of each piece supplied, without affecting the functional utility and structural stability of the components/material.

14. Procurement from Manufacturersauthorised agents/ Distributors:

Only Manufacturers or their authorized dealers/ distributors need to quote with tender specific authorization from the manufacturers failing which offers are liable to be ignored.

Where a manufacturer appoints an agent or a distributor on the basis of a written agreement with him for a specific territory or specific set of items, he shall give an undertaking to the following effect.

1. Inspection by RITES/RDSO at the manufacturing premises of the relevant manufacturer. RITES/RDSO shall categorically confirm in the Inspection Certificate, that inspection of the material has been actually made in the manufacturing premises ofthe manufacturers and not in the ware house/ godown. Shop of the dealer..

2. Direct dispatch from the premises of the manufacturer to the Railways consignee after inspection and acceptance by RITES/RDSO.

3. Submission of manufacturers Test and GuaranteeCertificate with each lot of supplies.

4.The authorised agents/distributors price will not exceed that which the manufacturer would have quoted.

5.One Agent cannot represent two Suppliers or quote on their behalf in a Particular tender


 

IMPORTANT

 

NEFT is mandatory from 01-01-2008. No Registration/Renewal of Firms will be granted without NEFT system after 01-01-2008. All payments after 1.4.2008 will be made only through NEFT/RTGS. Firms to keep the Mandate Form alongwith their offers, if not already executed. Purchase order will not be issued without Mandate Forms.

NEFT MANDATE FORM

 

From : M/s.Date :

 

To

FA & CAO/WST

South Central Railway, Secunderabad

Sub : NEFT payments.

****

We refer to the NEFT being set up by SC Rlys. for remittance of our payments using RBI's NEFT scheme, Our payments may be made through the above scheme to our under noted account.

NATIONAL ELECTRONIC FUNDS TRANSFER MANDATE FORM

 

Name of City

 

Bank Code No.

 

Banks Name

 

 

Branch Address

 

 

Branch Telephone / Fax No.

 

Suppliers Account No.

 

Type of Account

 

IFSC code for NEFT

 

IFSC code for RTGS

 

Suppliers name as per Account

 

Telephone no. of supplier

 

Suppliers E-mail ID

 

 

 

Signature of supplier with

Stamp & Address

Confirmed by Bank

 

Enclose a copy of Crossed Cheque




Source : South Central Railway CMS Team Last Reviewed on: 21-03-2014  


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