Contents
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
C ON T E N T S
Tender No.CON/T/Wheel Sets-2700 /2014
Section-I
Invitation For Bids (IFB)
Section–II
General Instructions to Bidders
Section–III
Terms & Conditions
Section-IV
Technical Specification
Section-V
Delivery Schedule
Section-VI
Annexure
Stamp of bidder
Signature of bidder
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Section-I: Invitation for Bids
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
SECTION-I
Invitation for Bids (IFB)
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Section-I: Invitation for Bids
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
SECTION - I
CONTAINER CORPORATION OF INDIA LTD.
(A Government of India Undertaking)
CONCOR Bhawan, C-3 Mathura Road,
Opposite Apollo Hospital,
New Delhi – 110 076
NOTICE OF TENDER
TENDER No. CON/T/Wheel Sets-2700/2014
Sealed ‘Two Packet’ bids are invited from established, experienced & reliable manufacturers for Supply of
2700 Nos. of 840mm diameter Wheel Sets of 22 MT Axle Load for BLC/BLL (Container Flats) wagons, as
per the technical details in Section IV of this tender: SN
i)
ii)
Description
Bid Security (Earnest Money)
Date and time of Submission of Bid
Description Details
`20,00,000.00 (INR) or US$ 32,500.00
25/04/2014 up to 11.00 hrs–Indian Standard Time
iii)
iv)
Date and time of opening of Technical Bid
Place of Opening
v)
Address for Communication and Sale of
Tender
vi)
Tender Cost & Mode of Payment
vii)
Period of Tender Sale
25/04/2014 at 11.30 hrs– Indian Standard Time
Container Corporation of India Ltd.
CONCOR Bhawan C-3, Mathura Road, Opposite
Apollo Hospital, New Delhi – 110 076 (India)
GROUP GENERAL MANAGER (TECHNICAL)
Container Corporation of India Ltd.
CONCOR Bhawan C-3, Mathura Road,
Opposite Apollo Hospital,
New Delhi – 110 076 (INDIA)
Tel: +91 11 4167 3085 Fax: +91 11 4167 3071.
Email: mthaplyal@concorindia.com
`5,250.00 or US$90.00 inclusive of 5% DVAT & in
favor of “Container Corporation of India Ltd.”, payable
at New Delhi by way of demand draft/pay order
In between 11.00 hrs. to 17.00 Hrs. (IST) from
12/03/2014 to 24/04/2014 on all working days
1) Tender Document can be purchased at the sale price from the office of the Group General Manager
(Tech) at the above-mentioned address on all working days during the tender sale period.
2) Complete tender papers duly accompanied with requisite EMD shall be received in the office of GGM
(Tech) as per date and time mentioned in table above. CONCOR shall not be responsible for any
postal delay. The bids (tender) shall be opened in presence of the tenderers or their authorized
representative, if they desire to attend.
3) The Tender Document can also be downloaded from the website of CONCOR, i.e.
www.concorindia.com. However, the intending bidders, who use downloaded Documents should
submit the Tender sale price as indicated in clause 1.(vi) of Section-I, Invitation of Bids by way of
Demand Draft or Pay order in favor of “Container Corporation of India Ltd.”, payable at New Delhi at
the time of submission of bid. Bidders submitting their offers as MSE registered for the item tendered
shall be exempt from the tender fee only if they submit the current and valid registration certificate
(Refer clause 2.5, Section II).
Stamp of bidder
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Section-I: Invitation for Bids
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
4) Downloaded bids submitted without Tender Cost shall be summarily rejected. Prospective
Bidder, who downloads the tender document from website, should also visit CONCOR’s website for
addendum/corrigendum, if any, till the time of opening of the bid. CONCOR shall not be responsible for
any printing error in the downloaded tender document.
5) Bidders desirous to submit their bids through downloaded document have to give an undertaking that
the contents of the bidding documents have not been altered or modified and no page is missing. If any
discrepancies between the downloaded version and the original version of bid document on sale/put on
website are found, the latter shall prevail.
6) Any downloading from the website is at the sole risk & responsibility of the user. CONCOR will not be
responsible for delay/difficulty/inaccessibility of downloading facility for any reason whatsoever.
7) All bids must be accompanied by a bid security as specified in bid document and must be delivered to
the above office as indicated above.
8) MSEs registered with designated agencies shall be exempt from payment of sale price of tender
document on submission of valid registration for the tendered item. Details of qualifying MSE’s may be
seen in Clause 2 of Section-II.
9) CONCOR reserves the rights to purchase the wheel sets either with “Forged Wheels” or with “Cast
Wheels” as per relevant Drawings & Specifications stipulated in the Bid document.
GROUP GENERAL MANAGER (TECHNICAL)
Container Corporation of India Ltd.
CONCOR Bhawan, C-3, Mathura Road,
Opposite Apollo Hospital, New Delhi – 110 076 (INDIA)
Phone: 91-11-41673033 Fax: 91-11-41673071
Stamp of bidder
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Section-II: General Instructions to Bidders
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
SECTION-II
GENERAL INSTRUCTIONS TO BIDDERS
Clause No.
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
13.0
14.0
15.0
16.0
17.0
18.0
19.0
20.0
21.0
22.0
23.0
24.0
25.0
Stamp of bidder
Particular
General Instructions
Qualifying Requirement of Bidders
Earnest Money
Agents and services facilities in India – Agency Commission
Submission of offer
Documents required to be submitted by the bidder
Cost of bidding
Local Conditions
Time Schedule
Postal Address of bidder for communication
Prices
General
Last date of receipt of the tenders
Change in the date of bid opening
Submission of offers
It may please be noted that CONCOR reserves the right to
Confidentiality of tender documents
Evaluation of offers
Notification of Award
Performance Security
Signing of contract
Quantity variation
Special conditions stipulated by bidder, if any
Check list
Integrity pact – Transparency in Procurement Process
Signature of bidder
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Section-II:
Section-II:General
GeneralInstruction
InstructiontotoBidders
Bidders
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
SECTION – II
GENERAL INSTRUCTIONS TO BIDDERS
1.0
GENERAL INSTRUCTIONS
1.1
Container Corporation of India Ltd. (A Government of India Undertaking), “CONCOR Bhawan”, C-3
Mathura Road, Opposite Apollo Hospital, New Delhi, INDIA (hereinafter referred to as “CONCOR”)
invites sealed tender on “Two Packet” bids for manufacture and supply of 2700 nos. of 22 MT Axle
Load 840mm diameter Wheel Sets for BLC/BLL wagons as per details provided in Technical
Specifications, Section-IV in accordance with Delivery Schedule at Section-V for fitment on
BLC/BLL wagons. The words “Tender No. CON/T/Wheel Sets-2700/2014” for manufacture and
supply of 2700 nos. of 840mm diameter BLC/BLL wheel sets must appear on bid documents and
all correspondence carried out in connection with the offer. The bids shall be enclosed in the
Envelope-2 (Price Bid) as indicated in Clause 6.1 of Section-II, Instructions to Bidders.
1.2
The offer in the prescribed format (Annexure-1) should be submitted before the time and date
fixed for the receipt of offers as set forth in the bid document.
1.3
The Bid prepared by the Bidder and all correspondences as well as documents related to the bid
exchanged between the Bidder and the Purchaser, shall be written in English language, provided
that any printed literature furnished by the Bidder may be written in another language so long as
accompanied by an English translation of its pertinent passages, in which case, for purposes of
interpretation of the bid, the English translation shall govern.Failure to comply with this may render
the offer liable to be rejected.
1.4
All correspondence should be addressed only to the Group General Manager (Technical),
Container Corporation of India Ltd, “CONCOR Bhawan”, C-3, Mathura Road, Opposite: Apollo
Hospital, New Delhi - 110076 (INDIA), Phone +91-11- 41673085, Fax: +91-11-41673071.
2.0
QUALIFYING REQUIREMENT OF BIDDERS
2.1
The bidder shall provide satisfactory evidence acceptable to the Purchaser to show that -
(a)
He is a licensed manufacturer who regularly manufactures the items offered and has adequate
technical knowledge and practical experience,
(b)
He has adequate financial stability and status to meet the obligations under the contract. The
audited balance sheet including Profit & Loss Statement of company for the last three financial
years shall be submitted along with the bid document
(c)
He has adequate plant and manufacturing capacity to manufacture and supply the item offered
within the delivery schedule offered by him,
(d)
He has as established quality control system and organization to ensure that there is adequate
control at all stages of all manufacturing process.
(e)
He should source the railway axles and wheel disc from manufacturers having current approval
from AAR or UIC for manufacturing the same. Tenders without approval certificate from AAR/UIC
shall be summarily rejected.
(f)
The bidder should have supplied a minimum of 20,000 Railway wheel sets for use on BG and /or
Standard gauge applications.
Stamp of bidder
Signature of bidder
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Section-II: General Instruction to Bidders
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
2.2
For purpose of Para 2.1, the bidder should additionally submit -
(a)
(b)
a Performance Statement as per Clause 4.3, Section-IV, Annexure 4;
a statement indicating details of equipment deployed and quality control measures as elaborated in
Section-IV, Technical Specification as per format provided in Annexure-10.
2.3
In addition to above, the bidder shall promptly furnish further information regarding his
capacity/capability, if required by the Purchaser.
2.4
Bidders not submitting the requisite information may note that their offer is liable to be ignored.
2.5
Indian bidders registered as “Micro and Small Enterprises” (MSE’s) for the tendered item with any
of the following agencies shall be considered eligible for treatment as MSE’s for the purpose of this
tender:
(i) District Industries Centers
(ii) Khadi and Village Industries Commission
(iii) Khadi and Village Industries Board
(iv) Coir Board
(v) National Small Industries Corporation
(vi) Directorate of Handicraft and Handloom
(vii) Any other body specified by the Ministry of MSME, Government of India
Such MSE bidders shall submit copy of valid registration certificate alongwith the bid, clearly
including the tendered item in the registration certificate and the terminal validity date of
registration. Bids not accompanied by a valid registration certificate shall be treated as bids from
non-MSEs.
2.5.1
The bidders qualifying as MSE (who submit valid registration certificate as per Clause 2.5 above)
shall be given the following exemptions: (i) Tender sets shall be issued free of cost to MSE’s registered with the above agencies for the
item tendered on submission of registration certificate.
(ii) MSE’s registered with the above agencies for the item tendered will be exempted from
payment of Earnest Money Deposit (EMD).
3.0
EARNEST MONEY
3.1
Earnest Money for an amount of Rs.20,00,000/- (Rupees Twenty lakhs) or US$ 32,500 (US
Dollars Thirty two Thousand Five Hundred only) shall accompany the bid. , Indian agents, in case
of foreign bidders, can also pay earnest money in the name of bidder.The Earnest Money shall be
in any of the following forms:-
3.1.1
A crossed Bank Draft in favour of Container Corporation of India Ltd. from a
Nationalized/Scheduled Commercial Bank in India, payable at New Delhi (India).
3.1.2
An irrevocable Bank Guarantee issued by a Nationalized/Scheduled Commercial Bank of Indian
acceptable to the Purchaser in the form provided in the Bidding Document (Annexure-2) valid for
30 days beyond the validity of the bid, i.e. 210 days from the date of opening of Bids.
Stamp of bidder
Signature of bidder
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Section-II: General Instruction to Bidders
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
For avoidance of doubt, Scheduled Commercial Bank of India shall mean a Bank as defined
according to the Reserve Bank of India Act. It shall be ensured by the bidder that the complete
particulars of the bank’s (issuing bank guarantee) mailing address including telephone number, fax
number and email ID are made available.
3.1.2.1 If the bank guarantee for Earnest Money is submitted by agents, Annexure-2A shall be utilized.
3.1.3
For bidder’s guidance in complying with the requirements of the bank guarantee, a checklist at
Annexure-2.1 is provided. Bidders submitting bank guarantee as bid security are also required to
submit the checklist duly filled along with the bank guarantee.
3.2
The Earnest Money kept in a separate sealed envelope marked “Envelope-1, Earnest Money” on
the top of the envelope should be submitted along with the bid in the main envelope as mentioned
in Clause 6.1.1 of Section-II.
3.3
The Earnest Money shall remain deposited with CONCOR for the period of 180 days from the date
of opening of bids, i.e. during the period of validity of bid and should be valid for 210 days from the
date of opening as per clause 3.8 of this section.
3.3.1
In exceptional circumstances, the Purchaser (CONCOR) may solicit the bidder’s consent to an
extension of the bid validity period. The request and responses thereto shall be made in writing and
to be despatched by email / fax / cable followed by a post confirmation. If a Bidder accepts to
prolong the period of bid validity, the bid security shall also be suitably extended for corresponding
period. However, a Bidder may refuse such request without forfeiting its bid security. A Bidder
granting the request will neither be required nor permitted to modify its bid.
3.4
No interest will be payable by CONCOR on the Earnest Money Deposit.
3.4.1
Earnest money received in foreign exchange as per Clause 3.1.1 and 3.1.1.1 of Section-II will be
pegged at the amount realized by CONCOR in equivalent Indian National Rupee (INR) on
presentation. The earnest money to be refunded in foreign exchange will, in no case, exceed the
said amount or the amount realized in Indian National Rupee (INR) equivalent of the foreign
currency value at the time of return. Loss, if any, on account of exchange rate variation will be
borne by the bidder.
3.5
The Earnest Money deposited is liable to be forfeited by CONCOR in full: -
3.5.1
if the bidder withdraws or amends, impairs or derogates from the tender in any respect within the
period of validity of his offer.
3.5.2
If the Bidder does not accept the correction of its bid price pursuant to Clause 15.4.2 of Section-II.
3.5.3
If the successful bidder, whose offer has been accepted, declines or fails to give acceptance to the
Notification of Award (NOA) within 15 days of issue of NOA and furnish Contract Performance
Guarantee (Performance Security Deposit) as specified in Clause-12.0 of Section-III (Terms and
Conditions) within 30 days from the date of issue of Notification of Award.
3.5.3.1 If the successful bidder fails to sign the Contract Agreement in accordance with Clause-20.0 of
Section-II within the stipulated period.
3.6
The Earnest Money of successful bidder will be returned after the Contract Performance
Guarantee, as required by Clause-19.0 of Section-II: General Instructions to Bidders and Clause12.0 of Section-III, Terms and Conditions, is furnished.
Stamp of bidder
Signature of bidder
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Section-II: General Instructions to Bidders
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
3.7
CONCOR will return the Earnest Money of all unsuccessful bidders as promptly as possible, on
award of the contract or expiry of the validity period whichever is earlier.
3.8
Any tender not accompanied by the specified Earnest Money as per Clause-3.1 having validity for
a period of 180 days, plus 30 days claim period in case of Bank Guarantee i.e. 210 days, shall be
summarily rejected and its bid shall not be opened.
3.9
Normally, EMD shall be accepted from the bidder and is also returned back to the bidder. However
EMD can also be accepted from the agent or returned back to agent provided the agent is duly
authorized by the Principal bidder.
Note: Bidders quoting as MSEs for the tendered item shall be exempt from the payment of
Earnest Money Deposit (EMD).
4.0
AGENTS AND SERVICE FACILITIES IN INDIA – AGENCY COMMISSION
4.1
CONCOR prefers to deal directly with manufacturers. However, if a foreign manufacturer, on its
own accord, desires to avail the services of an Indian Agent, they are permitted to do so. In such
cases, the engagement of agent by foreign manufacturers shall be governed by the relevant
provisions of the contract.
4.2
Foreign bidders, who quote directly against the Bid invitation but take the services of an Indian
Agent, should indicate in their offer the name of their Indian Agents or the authorized
representatives they have for servicing in India. They should quote (i) net CIF prices (exclusive of
the amount of remuneration or agency commission payable to the authorized Indian Agent)
and (ii) Agency Commission/remuneration payable to the authorized Indian Agents separately. It
should be understood that the Purchaser will make direct payment of such commission to the
Indian Agent in respect of a contract arising out of invitation to Bid, where the Indian Agents’
remuneration/commission covers a part of the contract price.
4.3
The foreign bidders should furnish in their bid the name and address of the local agent, and the
amount of remuneration for the agent if included in the offer. In addition, they should furnish the
following details in their bid:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
The precise relationship between the foreign manufacturer/principals and their authorized
Indian Agent,
The mutual interest which the manufacturer/principal and the Indian Agents have in the
business of each other.
Any payment which the Agent receives in India or abroad from the manufacturer/Principal
whether as a commission for the contract or as a general retainer fee,
Indian Agent’s Income-Tax Permanent Account Number, and
All services to be rendered by the Agent whether of general nature or in relation to the
particular contract and the facilities/infrastructure available with them for the same.
A certified copy of Agency Agreement between Principal and the Agent indicating the
agency commission shall be submitted along with the offer.
Bids, which do not comply with the above stipulation, are likely to be ignored. For bidders’ guidance
in complying with these requirements, a checklist is enclosed as Annexure-12.
4.4
In the case of foreign bids, Agency Commission payable to the Indian agents shall be indicated in
foreign currency in the space provided for in the price format for foreign bidders. However, Agency
Stamp of bidder
Signature of bidder
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Section-II: General Instruction to Bidders
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
Commission finally payable to the bidder’s agent in India under the contract will be converted to
Indian National Rupees (INR) at the telegraphic transfer (TT) buying rate of exchange ruling on the
date of placement of the Notification of Award (NOA) and shall not be subject to any escalation or
any further exchange variation, whatsoever. The agency commission shall be paid in Nonconvertible Indian National Rupees to the Indian Agents after successful completion of contract. All
other duties such as Service Tax, Cess etc. on such agency commission would be borne by the
bidder or his authorized Indian Agent only.
4.5
One agent should represent one company / bidder only in this tender. The Bidder must give a
confirmation to this effect.
4.6
The Manufacturer/Principal/Bidder shall be fully responsible for the conduct of their appointed
agent.
4.7
The Indian agent will be required to submit a certificate, along with their Agency Commission Bill,
confirming that the amount claimed as Agency Commission in the bill has been spent/will be spent
strictly to render services to the foreign principal i.e. M/s. ………. (i.e. the contractor) in terms of
agency agreement. The purchaser or their authorized agencies and/or any other authority of Govt.
of India shall have rights to examine the books of the Indian Agent and defect or misrepresentation
in respect of the afore indicated confirmation coming to light during such examinations will make
the foreign principal (i.e. the contractor) and their Indian Agent liable to be
debarred/banned/suspended from having business dealing with CONCOR.
4.8
It may be noted that in the same tender, either the Indian Agent can bid on behalf of the Principal /
OEM or the Principal / OEM itself can bid directly. However, both can not bid simultaneously for the
same item / product in the same tender.
4.9
4.10
If an agent submits bid on behalf of the Principal / OEM, the same agent shall not submit a bid on
behalf of another Principal / OEM in the same tender for the same item / product.
The bids submitted in violation of 4.8 & 4.9 above shall be summarily rejected.
5.0
SUBMISSION OF OFFER
5.1
The offer shall be either typewritten or written neatly in indelible ink.
5.2
Any individual(s) signing the tender or other documents connected therewith should specify
whether he is signing:
(i)
(ii)
(iii)
as Sole Proprietor of the concern or as are Attorney of the Sole Proprietor.
as a Partner or Partners of the firm.
as a Director, Manager or Secretary in the case of a limited company duly authorized by a
resolution passed by the Board of Directors or in pursuance of the authority conferred by
Memorandum of Association. An authenticated copy of the document, which authorizes the
signatory to commit on behalf of the firm, shall accompany the offer.
OR
Constituted attorney of the bidder if it is a company
(iv)
In case of bid by agent, they should submit a letter of authority from their principal as per
Annexure-6. The authorized signatory should sign the authorization letter in the form of power of
attorney.
Stamp of bidder
Signature of bidder
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Section-II: General Instruction to Bidders
CONTAINER CORPORATION OF INDIA LTD
5.2.1
(a)
(b)
(c)
Tender No.: CON/T/Wheel Sets-2700/2014
In case of clause 5.2 (ii), a copy of the partnership agreement or general power of attorney in
either case attested by a notary public, should be furnished or affidavit on stamp paper of all
the partners admitting execution of the partnership agreement or general power of attorney
should be furnished.
In case of partnership firms, where no authority to refer disputes concerning the business of
the partnership has been conferred on any partner, the tender and all other related
documents must be signed by every partner of the firm.
A person signing the tender form or any documents forming part of the contract on behalf of
another shall be deemed to warrant that he has authority to bind such other and if on
enquiry, it appears that the person so signing had no authority to do so, the purchaser may,
without prejudice to other civil and criminal remedies, cancel the contract and hold the
signatory liable for all costs and damages.
5.2.2
In the case of a firm, not registered under the Indian Partnership Act, all the partners or the
attorney duly authorized by all of them should sign the tender and all other connected documents.
The original power of attorney or other documents empowering the individual or individuals to sign
should be furnished to the Purchaser for verification, if required.
5.3
The offers shall be as per conditions specified in the bid document.
5.3.1
The bidder shall specifically indicate their compliance or otherwise against each clause and subclause of the tender document i.e. General Instructions to Bidders (Section-II), Terms and
Conditions (Section-III), Research, Design & Standards Organization (RDSO)’s Technical
Specifications for wheels, axles and wheelsets (Section-IV), Delivery Schedule (Section-V).
Note – RDSO is an organization under Ministry of Railway, Government of India.
5.3.2
For any deviation, the bidder shall enclose a separate statement (Annexure-5) indicating the
deviations from any particular clause or sub-clause, which he proposes with full justification for
such deviations and submit the same along with bid.
In case of absence of any deviation, a “Nil Deviation” undertaking will have to be furnished
by the Bidder as per Annexure-5 for Section-II, Section-III, Section-IV and Section-V.
5.4
Each page of the offer must be numbered serially, should bear the tender number and should be
“signed” and “stamped” by the bidder at the bottom of all pages. A reference to the total number
of pages comprising the offer must be made at the top right hand corner of the first page.
6.0
DOCUMENTS REQUIRED TO BE SUBMITTED BY THE BIDDER -
6.1
The bids are to be submitted in 2 packets as under:• 1st packet should contain ENVELOPE-1 - EARNEST MONEY and ENVELOPE-3 TECHNICAL BID.
• 2nd packet should contain ENVELOPE-2 - PRICE BID only.
6.1.1
Envelope-1 shall be boldly superscripted “ENVELOPE-1, TENDER FEE & EARNEST
MONEY/MSE CERTIFICATE” and shall contain the following documents:(a)
The earnest money in any of the forms mentioned in Clause-3.0 of Section-II, General
Instructions to Bidders. If the bid security is in the form of a bank guarantee, it shall strictly
be in accordance with the format as per Annexure-2 and shall also be accompanied by the
Stamp of bidder
Signature of bidder
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Section-II: General Instruction to Bidders
CONTAINER CORPORATION OF INDIA LTD
(b)
Tender No.: CON/T/Wheel Sets-2700/2014
checklist as per Annexure-2.1 duly filled. Tender fees for the downloaded tender should
also be kept in Envelope-1.
or
MSEs should keep the valid MSE certificate in the Envelope -1.
In the event of non-submission of the above, the bid shall be summarily rejected and Envelope-2
and Envelope-3 shall not be opened.
6.1.2
Envelope-2 shall be boldly superscripted “ENVELOPE-2, PRICE BID” and shall contain the
applicable price format Annexure-3 or Annexure-3A.
6.1.3
Envelope-3 shall be boldly superscripted “ENVELOPE-3- TECHNICAL BID” and shall contain the
following documents:-
6.1.3.1 A copy of the current Permanent Account Number (PAN)/Tax Identification Number (TIN) of the
bidder/firm in case of indigenous bidder/firm,
6.1.3.2 Power of Attorney in support of the person or persons signing on behalf of the Bidder (Sole
Proprietor)
OR
In case of Limited Company, an authenticated copy of the document, which authorises the
signatory to commit on behalf of the Company, shall accompany the offer.
6.1.3.3 In case of bid by an agent, Power of Attorney signed by the Authorised Signatory of the Principal
firm, duly authorised through BOD resolution/authority conferred by the MOA of the Principal firm.
An authenticated copy of the document, which authorizes the signatory to commit on behalf of the
firm, shall accompany the offer as per Annexure-6.
Note: Cancellation of any document such as Power of Attorney, Partnership Deed etc. shall be
communicated forthwith to CONCOR in writing, failing which CONCOR shall have no responsibility
or liability for such an action taken in the strength of the said documents submitted earlier or on the
basis of the amended documents.
6.1.3.4 Letter of submission of tender, to be duly completed, stamped and signed as per Annexure-1.
6.1.3.5 Documents in support of Qualifying Requirement of Bidders as required in Clause 2.0.
6.1.3.6 Bid Document consisting of General Instructions to Bidders (Section-II), Terms and Conditions
(Section-III), RDSO’s technical Specifications and Drawings for wheels, axles, & wheel set
assembly (Section-IV), Delivery Schedule (Section-V) to be read, stamped and signed on all
pages.
6.1.3.7 Deviation Statement with respect to each clause/sub clause of General Instructions to Bidders
(Section-II), Terms and Conditions (Section-III), RDSO’s technical Specifications and Drawings for
wheels, axles and wheel set assembly, (Section-IV), Delivery Schedule (Section-V) along with
detailed justification as per Annexure-5.
6.1.3.8 The bidder should source the railway axles and wheel discs from manufacturers having current
approval from AAR or UIC for manufacturing the same.
6.1.3.9 Bidders are required to submit notarized copy of English translation of submitted documents which
are statutorily printed in vernacular language
6.2
No modification in the bid will be allowed subsequent to the deadline for submission.
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 12 of 172
Section-II: General Instruction to Bidders
CONTAINER CORPORATION OF INDIA LTD
7.0
Tender No.: CON/T/Wheel Sets-2700/2014
COST OF BIDDING
The Bidder shall bear all costs and expenses associated with preparation and submission of its bid
including post bid discussions, technical and other presentation etc., and that the Purchaser will in
no case be responsible or liable for those costs, regardless of the conduct or outcome of the
bidding process.
8.0
LOCAL CONDITIONS
It will be imperative on each bidder to fully acquaint himself of all the local conditions and factors,
which would have any effect on the performance of the contract and cost of the stores (Wheel
sets). In his own interest, the foreign bidder should familiarize themselves with the Income-tax Act
1961, The Companies Act, 1956, The Customs Act, 1962, The Sale of Goods Act, 1930 and
related laws in force in India. CONCOR shall not entertain any request for clarifications from the
bidder regarding such local conditions. CONCOR would not entertain request for change of price
or the time schedule of delivery of stores after the Competent Authority has accepted the offer.
9.0
TIME SCHEDULE
9.1
The basic consideration and the essence of the contract shall be the strict adherence to the time
schedule for the supply of item/items offered.
9.2
The time and the date specified in the contract for the delivery of the stores (22 MT Axle Load
840mm diameter wheel sets) and equipment shall be deemed to be the essence of the contract
and the delivery must be completed not later than the date so specified. The attention of the
bidders is invited to clauses regarding liquidated damages and default in the Terms and Conditions
by which the contract shall be governed.
10.0
POSTAL ADDRESS OF BIDDER FOR COMMUNICATION
The bidder shall state his postal address fully and clearly in his bid. Any communication sent to the
bidder by post at his said given address shall be deemed to have reached the bidder in time.
11.0
PRICES
11.1
The bidder should quote prices as per format given in the Annexure-3 (Foreign Bidders) or
Annexure-3A (Indigenous Bidders). All prices and other information like discounts etc. having
bearing on the price shall be written both in words and figures in the prescribed price format only.
In case of any ambiguity in the unit price and total price, the unit price shall prevail.
11.1.1 The bidder opting to quote for both forged and cast wheels, should quote separate rate for wheel
set assembly with “forged wheels” and “cast wheels”
11.2
It is expressly understood that the bidder has considered every possible fluctuation in the rates of
labour, material, fuel, lubricant and general conditions and other possibilities of each and every
kind before quoting the rates. The price quoted shall be firm and not subject to any variation after
opening of the bid.
11.3
Foreign Bidders – Bidders who offer to supply finished wheel sets from outside India would be
deemed foreign bidders. The foreign bidders should quote the price on CIF basis (exclusive of
Agency Commission) to the port of discharge (Chennai) as given in the Delivery Schedule
(Section-V) as per format given in Annexure-3 in US DOLLARS / EURO ONLY. The bidder should
give the break-up of quoted CIF Price i.e. FOB price, Ocean Freight and Marine Insurance,
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 13 of 172
Section-II: General Instruction to Bidders
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
Applicable Custom Duty, including Cess, and Local Taxes such as Octroi, Service Tax, and agency
commission, if any. The agency commission should be shown separately.
The custom duty payment will be borne by CONCOR.
The terms “CIF”, “CFR” and “FOB” shall be as per definition given in the current edition of
International Rules for the Trade terms published by the International Chamber of Commerce,
Paris and commonly referred as INCOTERMS 2010 or latest.
NOTE:
(i).
Any deviation (both plus and minus) in the rate of Custom Duty after the closing date of
tender as indicated above but within the contractual delivery period will be to the account
of CONCOR.
(ii).
Any increase in customs duty during extended period of contract will be to the supplier’s
account. However, any decrease in customs duty during extended period of the contract
will be on account of CONCOR.
Indigenous Bidder - Bidders who offer to supply finished wheel sets after carrying out final
assembly of wheels and axles in India would be treated as indigenous bidders. Any bidder who
does not carry out above mentioned operation would not be treated as indigenous bidder.
The indigenous bidder should quote the FOR (Free on Road) destination price, which shall include
all State and Central Taxes and Excise Duties including cess on excise duty leviable on the final
finished wheelsets tendered for, inland transportation cost from factory to ultimate destinations,
transit insurance, octroi, service taxes etc. as per Annexure-3A in INDIAN RUPEES (INR) only.
The complete break-up of price showing the Ex-factory price, excise duty, other levies,
VAT/Service Tax, packing & forwarding charges, freight and insurance charges, octroi and other
charges, if any, shall be furnished.
Payment (reimbursement) of VAT/Service Tax, Octroi will be made on submission of
documentary proof that the amount has been deposited with the concerned authorities.
Note;
11.4
(i)
Deviation (both plus and minus) in the rate of Excise Duty /VAT / Service Tax / Octroi
after the closing date of tender as indicated above but within the contractual delivery
period will be to the account of CONCOR.
(ii)
Any increase in Excise Duty / VAT / Service Tax / Octroi during extended period of the
contract will be to supplier’s account. However, any decrease in Excise Duty / VAT /
Service Tax / Octroi during extended period of the contract will be to the account of
CONCOR.
Evaluation of Bids
The Bids will be evaluated on the basis of Landed Cost at ultimate destination i.e. Chief Workshop
Manager, Central Workshop, Golden Rock, Southern Railway, Tiruchirapalli – 620 004, Tamilnadu (India)
including Customs Duty as described below vide para 11.4.1 for foreign bidders and on FOR
destination with payment of all duties and taxes thereon as described in 11.4.2 below for
indigenous bidders.
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 14 of 172
Section-II: General Instruction to Bidders
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
11.4.1 Foreign Bidders
The bids are invited from the foreign bidders on CIF basis. However, for the purpose of evaluation
CONCOR will load / add other cost elements payable by CONCOR to make the offer equivalent to
landed cost at ultimate destination i.e. Chief Workshop Manager, Central Workshop, Golden Rock,
Southern Railway, Tiruchirapalli – 620 004, Tamilnadu (India)
The basis of bid evaluation will be Landed Cost at ultimate destination i.e. the quoted FOB price,
Ocean Freight & Marine Insurance, agency commission, (if any), Custom Duty including Cess as
applicable by CONCOR and all other cost elements towards Handling & Clearance Charges at the
Port of Discharge, Freight for Inland Transportation from Port of Discharge in India to the ultimate
inland destination, handling charges at ultimate destination, Inland Transit Insurance, and Local
Taxes such as Octroi Service Tax, as payable by CONCOR.
Note - An amount of Rs. 4,065.00 per wheel set (Rupees Four Thousand sixty five only) shall be
added by CONCOR to the bidder’s offered CIF price at time of evaluation to cater for movement
port to ultimate destination.
CONCOR is currently availing benefits under SFIS scheme of Government of India. If SFIS
benefits are not available to CONCOR, then the purchase shall be made through EPCG/Any other
prevailing scheme as applicable to CONCOR. Customs Duty charges as payable by CONCOR
shall be borne directly by CONCOR
CONCOR reserves the right to place the order on CIF or C&F or FOB basis. It should be noted that
cargo handling charges prior to shipment, wherever applicable, shall be to the Bidder’s Account.
11.4.2 Indigenous Bidders
For indigenous bidders, the bids will be evaluated on basis of FOR destination i.e. ex-works price,
excise duty & Cess/surcharges on Excise Duty as applicable to CONCOR, VAT/Service Tax,
packing & forwarding charges, Octroi, Inland Transportation from ex-works to the ultimate
destination Inland Transit insurance and other levies, if any.
(i)
Currently CONCOR is paying Excise Duty under ‘Served From India Scheme (SFIS)’ of
Government of India. If SFIS benefit are not available to CONCOR, then the purchase shall be
made through EPCG/Any other prevailing scheme as applicable to CONCOR The bidder should
keep this in view while quoting the rates considering that the bidder will not be able to avail of
Cenvat / Modvat / import duty on the inputs required for Wheel Sets manufactured under SFIS
Scheme, and shall ensure that all documentations as required by Excise authorities are maintained
so that CONCOR is able to avail benefits of Excise Duty payment under the SFIS/EPCG/Any other
applicable Scheme to CONCOR.
(ii)
In case the supplier avails or is allowed on any future date, any credit of the excise duty or duties of
customs paid on the raw materials used in the manufacture of wheel sets supplied, or any other
incentive connected with the supply of wheel sets under any law including GST, the supplier shall
pass on the benefit thereof to CONCOR.
(iii)
Currently the excise duty payable by CONCOR under SFIS Scheme, If SFIS benefit are not
available to CONCOR, then the purchase shall be made through EPCG/Any other prevailing
scheme as applicable to CONCOR, in case excise duty becomes applicable at the time of delivery
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 15 of 172
Section-II: General Instruction to Bidders
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
shall be reimbursed to the supplier on production of the documentary evidence of having paid the
same to the Excise authorities.
(iv)
The Purchaser would require the Supplier to give sufficient notice, not less than 7 working days of
supply of goods under this contract to complete the necessary formalities with the authorities. Any
delay arising out of failure of the supplier to give such notice and consequent delay in clearance of
the goods to be supplied will be entirely to the account of the supplier. Such delay will be dealt with
in accordance with provision of Clause 11 of Section-III.
(v)
In case of applicability of Octroi at any of the destination, CONCOR will bear the octroi charges and
reimburse the same to supplier on submission of documentary proof.
(vi)
CONCOR reserve the right to place the order either on ex-works basis or FOR destination in
accordance with the quoted rates.
11.5
Insurance - .The bidder shall be responsible for all insurance charges including transit insurance
as under:
11.5.1 Foreign Bidder - In the case of foreign bidders, marine insurance shall be arranged by the
Supplier in an amount equal to 110% of the CFR value of the goods from the manufacturers’ works
to the nominated Ports of Discharge (Chennai Port) as mentioned in Delivery Schedule, Section-V
on “All Risks” basis to cover all the risk including unnatural calamities, War Risks and Strike
clauses etc. The insurance should be arranged in a freely convertible currency. CONCOR should
be named the beneficiary of the insurance.
11.5.2 Indigenous Bidder - In the case of indigenous bidders, the insurance shall be arranged by the
Supplier in an amount equal to 110% of FOR destination value of the goods and freight up to the
nominated consignees on “warehouse to warehouse” on “All Risks” basis including war risk,
unnatural calamities, strike clauses etc. CONCOR should be named the beneficiary of the
insurance.
11.5.3 Lodging of Claim - In case of any loss/damages of wheelsets, the nominated consignee will
advise the bidder within 45 (forty five) days of the arrival of goods and it shall be the responsibility
of the successful Bidder to lodge necessary claim on the carrier and/or insurer and pursue the
same. The successful Bidder shall, however, at his own cost replace/rectify the goods
lost/damaged to the entire satisfaction of the consignee within 30 days from the date of receipt of
intimation from the consignee, without waiting for the settlement of the claim.
12.0
GENERAL
12.1
The bidder must ensure that the conditions laid down for submission of offers detailed in the
preceding clauses is completely and correctly fulfilled. Tenders, which are not complete in all
respects as stipulated above, may be summarily rejected.
12.2
VALIDITY OF OFFER - The offer shall be kept valid for a minimum period of 180 (One Hundred
and Eighty Days) calendar days from the date fixed for opening of tenders.
12.3
CLARIFICATION OF BIDS – Any clarification on bid documents can be sought in writing and
should reach this office 15 days before the schedule date of opening of tenders. The clarifications
would be furnished in writing within 07 (seven) days of receipt of such letter seeking clarification. It
would also be posted on the website. Normally request for extension of the date of submission of
bid will not be entertained.
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 16 of 172
Section-II: General Instruction to Bidders
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
12.4
Bids/offers received through fax/email/telex will not be entertained and would be summarily
rejected.
13.0
LAST DATE OF RECEIPT OF THE TENDERS
The offer complete in all respects should reach the Group General Manger (Technical), Container
Corporation of India Ltd., CONCOR Bhawan, C-3 Mathura Road, opposite Apollo Hospital, New
Delhi - 110 076 (INDIA) not later than 11:00 hrs on 25/04/2014.
14.0
CHANGES IN THE DATE OF BID OPENING
In case the due date for opening of tender (25/04/2014) is declared a Public Holiday, the tender
will be opened at the same time and same location on next working day.
15.0
SUBMISSION OF OFFERS
15.1
SEALING OF OFFER - Bidders shall submit the bid as per the guidelines given in Clause-6.0 of
Section-II i.e. the two (2) packets marked Packet-1 and Packet-2. These Two (2) packets should
be put in a bigger size envelope, duly sealed, that should bear the heading “Tender No.
CON/T/Wheel Sets-2700/2014 for supply of 2700 nos. of 22 MT Axle Load 840mm diameter
BLC/BLL wheel sets”. The envelopes shall be addressed to Group General Manager (Technical),
Container Corporation of India Ltd, CONCOR Bhawan, C-3 Mathura Road, Opposite Apollo
Hospital, New Delhi – 110 076 (INDIA).
If the outer envelope is not sealed and marked as mentioned above, CONCOR will assume no
responsibility for bid misplacement and its pre-mature opening.
15.1.1
The packet-1 should contain Envelope-1 (Earnest Money) and Envelope-3, (Technical bid). The
packet-2 should contain the Envelope-2, price bid only.
15.2
The bid shall contain no interlineations, erasures or overwriting except as necessary to correct
errors made by the Bidder, in which case the person or persons signing the bid shall initial such
corrections. Any interlineations, erasures or overwriting shall only be valid if they are
initialed by the signatory(s) to the bid.
15.3
Opening of Technical Bids
15.3.1 Out of the received tenders, the packet 1 containing the Envelope-1 (Earnest Money) and
Envelope-3 (technical bid) shall only be opened in the 1st stage, in the presence of such of the
bidders or their authorized representatives who may like to be present, at 11.30 hrs on the date
and the location specified in the “Bid Invitation”.
15.3.2 All bidders or their representatives must bring with them an authority letter on the letterhead of the
bidder, duly signed by authorized signatory, to attend the tender opening, failing which they will not
be allowed to attend the opening of the tenders.
15.3.3 The bidders representative, who will be present, shall sign in a register evidencing their
attendance.
15.3.4 The bidders’ names, presence of Earnest Money Deposit, and such other details, as CONCOR, at
its discretion, may consider appropriate will be announced at the time of opening of bid.
15.3.5 All bids received after specified date (25/04/2014) and time (11:00) for submission shall be
summarily rejected.
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 17 of 172
Section-II: General Instruction to Bidders
CONTAINER CORPORATION OF INDIA LTD
15.4
Tender No.: CON/T/Wheel Sets-2700/2014
Opening of Price Bids
15.4.1 At the end of the 1st stage evaluation, CONCOR will invite qualified bidders to attend the 2nd stage
bid opening at a specified date, time and place with a notice of 1 week. The packet-2 containing
Envelope-2 Price Bid shall be opened.
15.4.2 At the time of opening of bid, arithmetic errors will be rectified on the following basis:
a) If there is a discrepancy between the unit price and the total price, which is obtained by
multiplying the unit price with quantity, the unit price shall prevail and the total price shall be
corrected accordingly.
b) If there is a discrepancy between the price in words and figures, the price in words shall
prevail.
c) If the bidder does not accept the correction of errors, its bid will be rejected and the earnest
money will be forfeited.
15.4.3 The qualified bidders’ representative, who will be present, shall sign in a register evidencing their
attendance.
16.0
IT MAY PLEASE BE NOTED THAT CONCOR RESERVES THE RIGHT TO: -
(i)
(ii)
(iii)
Extend the date of submission of the tender.
Modify the terms and conditions of the Bid.
Relax the tender conditions at any stage, if considered necessary for the purpose of finalizing the
contract in overall interest of CONCOR.
To negotiate the rates with the bidder whose offer is conforming to RDSO’s Technical Specification
and rate is lowest (i.e. L-1).
Accept a tender for a part or whole of the quantity offered, reject any tender, may not accept lowest
or any tender without assigning any reason. Any such action will not be called into question and the
bidder shall have no claim in that regard against CONCOR.
(iv)
(v)
17.0
CONFIDENTIALITY OF TENDER DOCUMENTS
The bidder shall treat the contents of the tender documents as Private and Confidential.
18.0
EVALUATION OF THE OFFERS
CONCOR will evaluate the bids in 2 stages. In the 1st stage, Earnest Money and Technical Bids
and in 2nd stage, the Price Bids.
18.1
CONCOR will examine the technical bids to determine whether they are responsive i.e.: (i)
(ii)
(iii)
(iv)
(v)
These are complete,
Earnest Money is in the requisite form and validity period is available,
The validity of the bid is as per the Bid Document,
The bid document has been properly “signed & stamped” by the authorized signatory and
numbered properly,
“Deviation Statement” or “Nil Deviation Undertaking” has been submitted,
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 18 of 172
Section-II: General Instruction to Bidders
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
(vi)
No condition stipulated in any clause/sub-clause of Section-II, Section-III, and its associated
annexures,
(vii) Documents required to be submitted by the bidder vide Clause-6.0 of Section-II have been
furnished,
(viii) The prices have been quoted as per format given in Annexure-3 or 3A,
(ix) It conforms to the RDSO’s technical Specifications and drawings for wheels, axle and wheel
set assembly,
(x) Performance Statement as per Annexure-4, and Financial Capability to supply 2700 nos. of
22 MT Axle Load 840mm diameter BLC wheel sets as per stipulated delivery period, past
supply credentials and financial turnover for the last three years.
(xi) Qualification requirements are as per clause 2.0 of Section-II
18.2
To assist the examination, evaluation and comparison of bids, CONCOR may, at its discretion, ask
the bidder for clarification of its bid. The request for clarification and the response thereto shall be
in writing and no change in price or substance of the bid shall be sought/offered or permitted.
18.3
CONCOR may waive off any minor infirmity or non-conformity or irregularity in a bid provided such
waiver does not prejudice or affect the relative ranking of any bidder. CONCOR, however, reserves
the right to accept or reject these deviations and its decision thereon shall be final and binding.
NOTE - For RDSO’s technical specification and drawings for Wheels, Axles and Wheel Set
Assembly, RDSO’s decision with regard to compliance or otherwise (deviation) would be
final and binding.
18.4
No deviation whatsoever is permitted by CONCOR to the provisions relating to the following
clauses (important provisions).
a.
b.
c.
d.
e.
f.
18.5
Applicable Laws (Clause 14.0 of Section-III)
Resolution of Disputes (Clause 16.0 of Section-III)
Payment (Clause 9.0 of Section III)
Performance Guarantee (Clause-12.0 of Section-III)
Guarantee and Warranty (Clause 10.0 of Section III)
Patents (Clause 8.0 of Section III)
Opening of Price Bids
18.5.1 The price bids would be opened on a nominated date and time in the presence of the authorized
representatives of the bidders who have been qualified in the 1st stage evaluation of the technical
bids.
NOTE: To facilitate evaluation and comparison, the purchaser will convert all bid prices expressed
in US DOLLAR/EURO in the bid price as payable, to Indian Rupees at the TT selling exchange
rate established by Nationalized/Scheduled Commercial Bank in New Delhi as on the date of the
tender opening
18.6
EVALUATION OF PRICE BIDS
The price bids would be evaluated on the basis of quoted price as per details given in para 11.4 of
Section –II to determine whether the prices have been properly quoted as per format given in
Annexure-3/Annexure-3A and it is unconditional.
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 19 of 172
Section-II: General Instruction to Bidders
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
18.6.1 If required, bidders would be asked to give detailed analysis of their quoted cost, which the bidder
shall furnish without any reservation.
18.6.2 CONCOR will award the contract to the bidder whose bid has been determined to be the lowest
evaluated bid conforming to the terms and conditions of various sections of the Bid Document.
The rates finally accepted will be binding on both the parties and no change in the accepted rates
will be permissible during the currency of the contract.
18.6.3 Eligible MSE(s) quoting a price within price band of L1 +15% shall be allowed to supply a portion
of the requirement by bringing down their price to L1 price in a situation where L-1 price is from
someone other than a MSE and such MSE’s can be together ordered up to 20% of the total
tendered value.
19.0
NOTIFICATION OF AWARD
19.1
As mentioned in Clause-17.5 above, subsequent to opening of bids, CONCOR will notify the
acceptance of bid to the successful bidder either through a letter sent by courier/Registered Post or
fax or email. In case of acceptance communicated through fax or email, the same would be
followed with a letter sent through courier or post.
19.2
CONCOR will be the sole judge in the matter of award of contract and the decision of CONCOR
shall be final and binding.
19.3
Notification of Award will constitute the formation of Contract subject to submission of Performance
Security as per Clause-19.0, section-II and signing of contract in accordance with the provision of
Clause 20.0 of Section-II.
20.0
PERFORMANCE SECURITY
The successful bidder shall be required to submit performance guarantee equivalent to 5% of the
Contract Price (inclusive of agency commission if any) for supply of 2700 nos. of 22 MT Axle Load
840mm diameter BLC wheel sets as per format given in Annexure-7 within 30 days of issue of
Notification of Award.
21.0
SIGNING OF THE CONTRACT
Subsequent to unconditional acceptance of Notification of Award and submission of Performance
Security, the bidder would be required to sign Contract Agreement. The draft contract agreement is
attached as Annexure-9.
22.0
QUANTITY VARIATION
The purchaser reserves the right to vary the quantity of the material tendered for by up to ± 30%
either at the stage of ordering or at any stage during the currency of the contract.
23.0
SPECIAL CONDITIONS STIPULATED BY BIDDER, IF ANY
The bids with any special conditions are liable to be rejected. Bidders are advised not to stipulate
any condition on their own in the tender documents issued by Container Corporation of India Ltd. If
at all the bidder finds it necessary to write/clarify/explain/stipulate anything, it should be done on
the bidder’s separate letterhead clearly and the same should be attached with the tender.
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 20 of 172
Section-II: General Instruction to Bidders
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
24.0
CHECK LIST
24.1
Checklists have been included as Annexure-11, Annexure-12 and Annexure-13 of Section-VI of
the Bid Document. This has been designed to help the bidders in submitting complete offers. The
bidders must fill this Check List & submit along with their offer in their own interest.
25.0
INTEGRITY PACT-TRANSPARENCY IN PROCUREMENT PROCESS
CONCOR has introduced an Integrity Pact to ensure transparency in the procurement process. A
copy of the Integrity Pact is placed in Annexure 14. The authorized signatory of the bidder is
required to sign and return the copy of Integrity Pact along with the Bid Document.
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 21 of 172
Section-III: Terms & Condition
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
SECTION-III
TERMS & CONDITIONS
Clause No.
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
13.0
14.0
15.0
16.0
17.0
18.0
19.0
Stamp of bidder
Particular
Country of Origin
Standards
Drawings and QAP
Inspection and Tests
Mode of Delivery
Ultimate Consignee
Packing
Patents
Payment
Guarantee and Warranty
Liquidated Damages
Performance Guarantee
Force Majeure
Applicable Law
Termination by Default
Resolution of Disputes
Transfer and Subletting
Acceptance of Wheel Sets dispatched after expiry of delivery period
Notices
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 22 of 172
Section-III: Terms and Conditions
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
SECTION – III
TERMS AND CONDITIONS
1.0
COUNTRY OF ORIGIN
The Supplier shall furnish “Certificate of Origin” of the Goods being supplied.
2.0
STANDARDS
The Goods supplied under this Contract shall conform to the standards mentioned in the Technical
Specifications, and, where no applicable standard is mentioned, to the authoritative standard
appropriate to the country of origin of Goods and such standards shall be the latest issued by the
concerned institution of the Country of Origin.
3.0
DRAWINGS AND QAP
The successful bidder shall be required to submit within sixty (60) days of issue of Notification of
Award (NOA) (04) four copies of RDSO approved quality assurance plan (QAP), manufacturing
drawings, FE Analysis to CONCOR.
The wheel and axle assembly shall be manufactured as per QAP and the drawing, in conformity
with technical specifications and Drawing given in Para 1 of Section-IV, and as approved by
RDSO (Research, Design & Standards Organization, Lucknow – Under Ministry of Railways,
Railway Board, INDIA)
4.0
INSPECTION AND TESTS
4.1
The CONCOR representative, i.e. CONCOR/RITES/RDSO or their nominee will carry out the
inspection at the manufacturing works of the supplier. CONCOR will bear the cost of deployment of
Inspection personnel including their travel, boarding lodging etc. At least 4 (four) weeks notice
must be given to the CONCOR to enable timely inspection. The responsibility of delay in
inspection due to delay in inspection call and futile visits of inspection shall rest with the supplier.
4.2
Facility for Test & Examination
4.2.1
The supplier shall provide, without any extra charge, all materials, equipments, tools, labour,
internal inspection records and assistance of every kind which the CONCOR or CONCOR’s
representative i.e. M/s. RITES/RDSO or their nominee may consider necessary for any tests and
examinations, on the supplier’s premises and shall pay all costs attendant thereon.
4.2.2
The supplier shall also provide and deliver free of charge, at such places as the CONCOR or their
nominee may nominate such material as they or their nominee may require for test by chemical
analysis or independent testing machines.
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
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Tender No.: CON/T/Wheel Sets-2700/2014
4.3
Notification of result of Inspection - On the stores being found acceptable by the Inspecting
Officer, he shall furnish the supplier with necessary copies of the Inspection Notes duly completed,
for being attached to the supplier’s bill in support thereof.
4.4
Certification of Inspection and Approval
4.4.1
No stores will be considered ready for delivery until CONCOR or the Inspecting Officer nominated
by CONCOR shall have certified in writing that the stores have been inspected and approved by
him.
4.4.2
It shall be the responsibility of the supplier to ensure that only such goods, as have been duly
inspected and approved by the Inspecting Authority, are offered for shipment.
4.5
Inspecting Officer– Power of Rejection
4.5.1
The Inspecting Officer shall have the powers: -
(i)
Before any Stores or part thereof submitted for inspection, to certify that they cannot be in
accordance with the contract owing to the adoption of any unsatisfactory method of manufacture.
To reject any stores submitted as not being in accordance with the specifications.
To reject the whole of the installment tendered for inspection, if after inspection of such portion
thereof as may in his discretion think fit, he is satisfied that the same unsatisfactory.
To mark the rejected stores with a rejection mark, so that they may be easily identified if resubmitted.
(ii)
(iii)
(iv)
4.5.2
The inspecting officer’s decision as regards the rejection shall be final and binding on the supplier.
4.6
The Purchaser’s right to inspect, test and where necessary reject the goods at the time of fitment
shall, in no way, be limited by reason of the goods having previously been inspected, tested and
passed by the purchaser’s representative.
4.7
Nothing in this clause shall, in any way, release the supplier from any warranty or other obligations
under this contract.
4.8.
Consequences of Rejection
4.8.1
If on the Stores being rejected by the Inspecting Officer or Consignee at the destination, the
contractor fails to make satisfactory supplies within the stipulated period of delivery, the purchaser
shall be at liberty to: -
i
Request the contractor to replace the rejected stores forthwith but in any event not later than a
period of 29 days from the date of rejection and the contractor shall bear all the cost of such
replacement, including freight, if any, on such replacing and replaced stores but without being
entitled to any extra payment on that or on any other account.
Purchase or authorize the purchase of quantity of the stores rejected of others of a similar
description (when stores exactly complying with the particulars are not, in the opinion of the
Purchaser, which shall be final: readily available) without notice to the contractor, at his risk and
cost and without affecting the contractor’s liability as regards to the supply of any further installment
due under the contract, or
Cancel the contract and Purchase or authorize the Purchase of the stores or others of a similar
description (when stores exactly complying with the particulars are not, in the opinion of the
Purchaser, which shall be final; readily available) at the risk and cost of the contractor. In the event
ii
iii
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
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of action being taken under sub-clause (ii) above or this sub-clause, the provisions of clause 11
and 15.2 of the Terms and Conditions Section-III of the Bid Document shall apply as far as
applicable.
4.8.2
Where, under a contract, the price payable is fixed on FOB, port of export, the supplier shall, if the
stores (wheel sets) are rejected at the destination by the ultimate consignee, be liable in addition to
his other liabilities including refund of price recoverable in respect of stores so rejected, to
reimburse to the purchaser, the freight and all other expenses incurred by the purchaser in this
respect.
4.8.3
Rejected Stores - On rejection of any stores submitted for inspection at a place, other than the
premises of the contractor, such stores shall be removed by the contractor at his own cost, subject
as hereinafter stipulated, within 14 days or the date of intimation of such rejection. If the such
concerned communication, is addressed and posted to the contactor at the address mentioned in
Clause-19.0 of Section-III, Terms & Conditions, it will be deemed to have been served on him at
the time when such communication would in course of ordinary post reach the Contractor.
4.8.4
All rejected stores shall in any event and circumstances remain and always be at the risk of the
contractor, immediately on such rejection. If such stores are not removed by the contractor within
the periods aforementioned, the Inspector may remove the rejected stores and either return the
same to the contractor at his risk and cost by such mode of transport as the Purchaser or the
inspector may decide, or dispose off such stores at the contractor’s risk and on his account and
retain such portion of the proceeds, if any, from such disposal, as may be necessary to recover any
expense incurred in connection with such disposals (or any price refundable as a consequence of
such rejection). The Purchaser shall in addition, be entitled to recover from the contractor, the
handling and storage charges for the period during which the rejected stores are not
removed/disposed off in accordance with the provisions thereof.
5.0
MODE OF DELIVERY
CONCOR reserves the right to place the order on CIF or CFR or FOB basis.
5.1
C.I.F.
5.1.1
“For CIF delivery (as per INCOTERM 2010 or latest) the stores (wheel set assembly) shall be
delivered free of expenses to the CONCOR on Board the vessels with ocean transportation to
designated Indian Port of Discharge i.e. Chennai including any cargo handling charges prior to
shipment and ocean freight charges and marine insurance up to designated port of discharge i.e.
Chennai. Ocean Freight charges and Marine Insurance included should also be firm and no
variation will be allowed on this account after opening of the tender.
5.1.2
The free time for unloading/clearing the cargo shall be minimum of 15 days. Any extra expenditure
by way of demurrage/wharfage etc. due to inadequate free time shall be on seller’s account.
5.2
FOB
5.2.1
CONCOR reserves the right to place order and accept the delivery on FOB basis also. In case of
FOB supply, the stores (Wheel Sets) shall be delivered by the supplier Free on Board such vessel in
such port or ports named in the bid, as the CONCOR or its nominee may require. The successful
bidder would bear all the expenses including handling, transportation, loading charges at the Port of
Loading till the container with the wheel set is loaded on the nominated vessel.
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
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5.2.2
Such number of Inspection Certificates, advice notices, packing accounts and invoices, as may be
required by the CONCOR or its nominee, shall be furnished by the supplier at his own cost.
5.2.3
Under FOB mode, Ocean Freight for the conveyance of the stores (wheel set assembly) or any
part thereof will be engaged by the CONCOR or its nominee, who will give due notice to the
supplier when and on board what vessels they or such part thereof are to be delivered. Should the
stores (wheel sets) or any part thereof be not delivered within 20 days of the receipt of such notice
by the supplier, the supplier will be liable for all payments and expenses that the CONCOR may
incur or be put to, by reason of such non-delivery including dead and extra freight demurrage or
vessels and any other charges incurred by the CONCOR or its nominee what-so-ever. CONCOR
would indicate such charges to be levied by Shipping Company.
5.3
SHIPMENT The designated Port of Discharge shall be Chennai port of India.
5.4
CONSIGNEE- The Consignee at designated Port of Discharge would be:Chief General Manager (Southern Region), Container Corporation of India Ltd.
No. 51, 1st Floor, Montieth Road, Egmore, Chennai – 600 003 (INDIA)
Tel +91 44 2859 1931/1932/1933/1934, Fax + 91 44 28591935,
E-mail: sr.ro@concorindia.com.
The bidder is required to make delivery in the container loads as per shipment/delivery schedule
given in the bid document.
6.0
ULTIMATE CONSIGNEE – The ultimate consignee of wheel sets would be:SL
CONSIGNEE/LOCATION
1
Chief Workshop Manager, Central Workshop, Golden rock,
Southern Railway, Tiruchirapalli – 620 004, Tamilnadu
(India)
QUANTITY OF WHEEL
SETS
2700
The above ultimate consignees are tentative. CONCOR may add more consignees as the need
arises and intimate the supplier accordingly. CONCOR would make necessary arrangements for
unloading, clearance and onward transportation from designated Port of Discharge to the ultimate
consignee’s end.
7.0
PACKING
7.1
The Supplier shall provide such packing of the Goods as is required to prevent their damage or
deterioration during transit up to ultimate destinations as indicated in the Contract.
The Wheel set Assembly should be dispatched in a sea-worthiness condition. The wheel set
assembly must be packed in wooden/steel frame in a container so that 12 or higher number of
wheel sets can be put in a 20 feet container. The wooden/steel frame should be such that it can
be easily taken out from the containers at ultimate destinations at the time of unloading the wheel
sets. The packing should be sound and strong enough to protect against all types of handling,
ocean hazards, loading and unloading etc.
7.2
7.3
IDENTIFICATION
Each and every piece of Wheel Set (Wheel Disc and Axle) should have clear identification mark
indicating supplier’s name, month and year of manufacture as per Clause-5 of IRS-R-19/93-Part-II
Revision-3 of March 2006 with corrigendum 1 to 4 (Forged Wheels) or IRS-R-19/93 Part-III with
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
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Tender No.: CON/T/Wheel Sets-2700/2014
corrigendum 1 to 6 (Cast Wheels) and Clause-4 of IRS-R-16/95 with Corrigendum No.1 and 2
(Axle), Clause-5 of IRS R-19/93 Pt. I (Wheel and Axle assembly) and Marking Scheme SK92114 Alt. 7 or latest version issued by RDSO and enclosed with bid document.
7.4
SHIPMENT MARKINGS
7.4.1
The shipping mark would be “CONCOR”. A Certificate to this effect shall accompany shipping
documents under Letter of Credit. This marking should be shown on each Pallet/Frame. Each
pallet/frame shall have on its outer side the following marking in English in inedible paint.
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
8.0
Contract Order No. and date
Name of Supplier
Pallet/Frame No.
Gross and net weight in kilograms on each pallet/frame
Dimensions of the packages,
Consignee,
Ultimate Consignee
TOP/DON’T TURNOVER/HANDLE WITH CARE
Invoice No.
Quantity
PATENTS
The supplier shall keep CONCOR indemnified from and against any and all claims, actions,
demands and proceedings whatsoever brought or made against CONCOR on the basis of any
patent or infringement thereof claimed or otherwise relating to and arising from any method or
process employed or matter or thing done to or in connection with any goods supplied under this
contract, the supplier shall at their own risk and expense defend any suite for infringement of patent
or like suite brought against CONCOR (whether with or without the supplier being a party thereto)
and shall pay any damages and cost awarded in such suite and keep CONCOR indemnified from
and against all consequence thereof.
9.0
PAYMENT
9.1
Payment Procedure for Foreign bidders - The following payment terms, subject to recoveries, if
any, under the Liquidated Damage as per Clause-11.0 of Section-III, is specified for overseas
bidders: 90% Payment: Payment would be made through irrevocable without recourse to the drawer
confirmed Letter of Credit issued by any scheduled Bank in India, payable at Sight for 90% value of
the goods delivered in each shipment.
10% Payment: Balance 10% is to be made within 21 calendar days of receipt of the consignment
in India at the nominated port of discharge after deductions of LD if any, for delayed supply.
In case of confirmed LC, all the charges levied by foreign banks shall be borne by the
supplier. The LC would be governed as per UCP 600.
9.1.1
The port handling, clearing, forwarding, transportation and insurance from port of discharge to the
ultimate consignee would be arranged by CONCOR.
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
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9.2
All bank charges outside India are to be borne by the beneficiary (supplier) inclusive of
reimbursement, if any.
9.2.1
In case the extension of LC is required on account of delay on the part of supplier after lapse of
specified delivery period, then LC extension charges would be borne by the supplier.
9.2.2
The Letter of Credit (LC) would be established by CONCOR only on confirmation, of the
Performance Bank Guarantee as per Clause-19.0 of Section-II, by the issuing bank. The
successful bidder shall provide the following bank details for establishment of the LC: (a)
Name of the Bank
(b)
Account Number
(c)
Holder
(d)
Description
(e)
IBAN
(f)
Clearing Number
(g)
BIC/SWIFT
(h)
Postal Account
9.3
The following documents should be submitted for negotiation of the Letter of Credit. The document
should be ink-signed.
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
One copy of negotiable and clean on board Bill of Lading,
One copy of Invoice,
Shipping documents (claim copy) quoting that the goods are not included in the negative list of
imports under Import Export Policy 2009-2014 or latest,
One copy of Inspection/Test Certificate about the material specification etc. issued by
RITES/RDSO or agency authorized by CONCOR.
One copy of Certificate of Guarantee valid for 36 months after the wheel sets have been delivered
and commissioned (fitted on the BLC wagons) at the ultimate destinations or for 40 months after
the date of shipment from port of loading in the source country/dispatch, whichever period is
concluded earlier.
One original copy of Certificate of Origin.
One copy of Packing List with full details of packing, item number, marking, total number of
pallets/boxes/frames, weight of each box/frame/pallet and total weight etc.
A certificate that the insurance closing particulars as per Clause-11.5.1 of Section-II have been
furnished to the insurance company as well as port consignees.
Fumigation Certificate in case of wooden frame
Certificate that the amounts claimed are correct in terms of the contract.
9.3.1
One set of Non-negotiable copies of Bill of Lading and other documents mentioned in Clause-9.3 (ii)
to (x) should be forwarded through DHL/UPS/EMS/Speed Post Courier/Scan copy through e-mail to
the office of Group General Manager (Technical), Container Corporation of India Ltd. (CONCOR),
C-3 Mathura Road, Op: Apollo Hospital, New Delhi – 110 076 (INDIA) immediately after issue of Bill
of Lading.
9.4
Payment Procedure for Indigenous Suppliers - The following payment terms, subject to
recoveries, if any, under the liquidated damage clause mentioned in Clause-11.0 of Section-III, is
specified for Indigenous bidders: -
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
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Tender No.: CON/T/Wheel Sets-2700/2014
9.4.1
90% payment against proof of delivery at consignee’s end and balance 10% after acceptance of
goods at consignees’ end, after deductions of LD if any, for delayed supply.
9.4.2
The following documents should be submitted while claiming the 90% payment: -
(i)
(ii)
One copy of Invoice,
One copy of Inspection/Test Certificate about the material specification etc. issued by
RITES/RDSO or agency authorized by CONCOR.
One copy of Certificate of Guarantee valid for 36 months after the goods or any portion
thereof as the case may be, have been delivered and commissioned (fitted) at the ultimate
destinations or for 40 months after the date of dispatch from the works of the supplier,
whichever period is concluded earlier.
One copy of Packing List with full details of packing, item number, marking, total number of
pallets/boxes/frames, weight of each box/frame/pallet and total weight etc.
A certificate that the insurance closing particulars as per Clause-10.6 of Section-II have been
furnished to the insurance company as well as port consignees.
Certificate that the dispatch has been made in time as per schedule laid down for the respective
installments in Section-V, Delivery Schedule.
Certificate that the amounts claimed are correct in terms of the contract.
Certificate of receipt of the material at the consignee’s end.
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
9.4.2.1 At the time of submission of bill for balance 10% payment, one copy of Receipt Note indicating the
total quantity of wheelsets assembly received and accepted at the ultimate consignee’s end should
be submitted along with the bill.
10.0
GUARANTEE AND WARRANTY
10.1
The Supplier shall warrant that the wheel sets (wheels and axles) supplied under this contract are
new, unused, and is free from any manufacturing and material defect and is in conformity with the
technical specifications as specified in Section-IV or latest and details to be given in the NOA and
QAP approved by RDSO.
The Supplier shall further warrant that the Goods supplied under this Contract shall not have any
defect arising from material/design/manufacture and not revealed during acceptance inspection
and performance or from any act or omission of supplier that may develop under normal use of the
supplied Goods in conditions obtaining in the country of final destination.
10.2
This warranty shall remain valid for 36 months after the wheel sets have been delivered and
commissioned (fitted on the BLC wagons) at the ultimate destinations mentioned in Clause-6.0 of
Section-III or for 40 months after the date of shipment from port of loading in the source country
(for foreign bidders) and dispatch from supplier’s works (for indigenous bidders), whichever period
is concluded earlier.
10.2.1 Wheel sets (wheel disc and axles), which during their guarantee period, show defect attributable to
design/manufacturing making them, either unfit for service or reducing their period of life will be
rejected.
10.2.2 When two wheel sets (wheel disc and axles) from the same cast have failed in service, or when
more than 5% of the wheel sets and axles from the same cast reveal defects within the above
conditions, the CONCOR shall have the right to reject the entire cast.
10.3
The purchaser shall promptly notify the supplier in writing of any claim arising under this warranty.
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
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10.4
Upon receipt of such notice, the Supplier shall arrange prompt replacement of defective wheel sets
assembly at their own risk and cost and also without any cost to the Purchaser within three
months at the ultimate consignee points. The replacement shall not release the supplier from its
responsibility and the warranty period of such replacement will start again from the date of said
replacement received at consignee’s end (ultimate consignee). The bidder would also extend the
Performance Bank Guarantee accordingly to cover the corresponding extended period of warranty
within 15 (fifteen) days of delivery of the replacement goods. The decision of CONCOR in regard to
bidder’s liability and the amount, if any, payable under this clause shall be final and conclusive.
10.5
If the delivery of the last consignment is not completed within the stipulated delivery period, then the
warranty period and claim period would get proportionately extended by the number of days by
which delivery of last consignment has been delayed.
10.6
If the Supplier, having been notified, fails to remedy the defect(s) within the period as specified in
Clause 10.4 above, the Purchaser may proceed to take remedial action as may be necessary at
the Supplier’s risk and expenses and without prejudice to any other rights which the Purchaser
may have against the Supplier under the Contract.
11.0
LIQUIDATED DAMAGES
In the event of the contractor’s failure to deliver the specified quantity of stores (wheel sets
assembly) within the period fixed for such delivery in the specified delivery schedule in the
Notification of Award (NOA) or contract, CONCOR may deduct or recover from the contractor as
liquidated damages (and not by way of penalty), a sum at the rate of 0.5 percent (Zero Point Five
Percent) of the price of any stores (wheel set Assembly), which the contractor has failed to deliver
as aforesaid for each and every week (part of a week being treated as a full week) during which
the wheel set assembly may not have been delivered, subject to a limit of 10 (ten) percent of the
value of the goods delayed beyond completion date of deliveries.
However, if the delay shall have arisen from any cause which the Purchaser may admit as
reasonable ground for further time, the CONCOR may, at their discretion, allow such additional
time as they may consider fit. Both Purchaser and Supplier shall ratify such extension through an
amendment.
11.1
For the purpose of the Clause-11.0 of Section-III, the delivery shall mean the shipment of the wheel
sets from the Port of Loading for foreign bidders and dispatch from manufacturer’s works in case of
indigenous bidders.
11.2
For the purpose of price in Clause 11.0 of Section-III, the price shall mean the CIF price (inclusive of
agency commission) of the consignment up to the nominated Port of Discharge i.e., Chennai port of
India for foreign bidders and FOR destination price for indigenous bidders.
12.0
PERFORMANCE GUARANTEE
The Tenderer shall be required to furnish a performance guarantee of 5% (five percent) of the
value of the contract, to be mentioned in NOA in the form of a Bank Guarantee as per format
enclosed as Annexure-7 within 30 days from the issue of Notification of Award. The Performance
Bank Guarantee shall be from a foreign bank (preferably supplier’s own bank) duly confirmed by
any Nationalized/Scheduled Commercial Bank in India (preferably located in New Delhi) or from
any Nationalized/Scheduled Commercial Bank in India (preferably located in New Delhi). However
Bank Guarantee from any Nationalized/ Scheduled Commercial Bank in India located in New Delhi
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
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would be preferred. The performance guarantee shall be in favour of “Container Corporation of
India Ltd.”, New Delhi.
The validity period of Performance Guarantee should be in conformity with the Guarantee/Warranty
as per Clause-10 i.e. the wheel set assemblies are to be guaranteed for a period of 40 months
after the date of shipment from port of loading in the source country (for foreign bidders) and
dispatch from supplier’s works (for indigenous bidders) OR 36 months from the date of fitment and
commissioning on the wagon at ultimate destinations, whichever is concluded earlier.
The validity period of performance guarantee should take into account the above mentioned
warranty period i.e. 40 months from the date of shipment from port of loading in the source country
(for foreign bidders) and dispatch from supplier’s works (for indigenous bidders) OR 36 months
from the date of fitment and commissioning of last consignment of wheelsets on BLC wagon at
ultimate destinations plus one month period required for preferring the claim at the expiry of
warranty period. A chart indicating the projected validity period of performance guarantee is placed
at Annexure-8.
For bidder’s guidance in complying with the requirements of the Performance Bank Guarantee, the
checklist at Annexure-2.1 should be utilized for verification.
12.1
The value of contract would be the value of Notification of Award (inclusive of agency commission)
up to nominated port of discharge (i.e. Chennai) as mentioned in Clause-11.3 of Section-II in case
of foreign bidders. In case of indigenous bidders, the value of contract would be the FOR
destination price up to nominated consignees.
12.2
Extension of validity of Performance Bank Guarantee – As and when an amendment is issued
as per Clause 11.0 to the Contract extending the delivery period, the contractor, shall, within 15
(fifteen) days of receipt of such an amendment, furnish an amendment to the Performance Bank
Guarantee rendering the same validity for additional corresponding period.
13.0
FORCE MAJEURE
13.1
In the event of either party being rendered unable by Force Majeure to perform any obligation
required to be performed by them under the contract, the relative obligation of the party affected by
such Force Majeure shall be suspended for the period during which such cause lasts.
The term “Force Majeure” as employed herein shall mean acts of God, War or Act of Terrorism,
Civil Commotion or Riots, Fire directly affecting the performance of the Contract, Tempest Flood,
Earthquakes, Hurricanes, Epidemics, lightening or other natural physical disaster, restriction
imposed by government or other statutory bodies which prevents or delays the execution of the
contract and Acts & Regulations of respective government of the two parties, namely CONCOR
and the CONTRACTOR.
Upon the occurrence of such cause and upon its termination, the party alleging that it has been
rendered unable as aforesaid thereby, shall notify the other party in writing, the beginning of the
cause amounting to Force Majeure as also the ending of the said clause by giving notice to the
other party within 72 (seventy two) hours of the alleged beginning and ending of the cause
respectively. Time for performance of the relative obligation suspended by Force Majeure shall
then stand extended by the period for which such cause lasts. If deliveries are suspended by Force
Majeure conditions lasting for more than 2 (two) months, CONCOR shall have the option of
canceling this contract in whole or part at its discretion without any liability on its part.
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
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Tender No.: CON/T/Wheel Sets-2700/2014
13.2
Unless otherwise directed by CONCOR in writing, the Supplier shall continue to perform its
obligations under the Contract as far as is reasonably practical, and shall seek all reasonable
alternative means for performance not prevented by the Force Majeure.
14.0
APPLICABLE LAW
14.1
The Laws of Republic of India for the time being in force shall govern this contract.
14.2
Irrespective of the place of delivery and the place of payment under the Contract, the Contract shall
be deemed to have been made at the place in India from where the acceptance of tender has been
issued.
14.3
Jurisdiction of Courts - The courts at New Delhi (India) shall have the exclusive jurisdiction.
15.0
TERMINATION BY DEFAULT
15.1
The Purchaser may, without prejudice to any other remedy for breach of contract, by written notice of default
sent to the Supplier, terminate the Contract in whole or part:
if the supplier fails to deliver any or all of the Goods within the time period (s) specified in the Contract, or
any extension thereof granted by the Purchaser pursuant to Clause-11.0 of Section-III.
if the supplier fails to perform any other obligation(s) under the Contract.
(a)
(b)
15.2
In the event the Purchaser terminates the Contract in whole or part, pursuant to Clause-15.1, the Purchaser
may procure, upon such terms and in such manner, as it deems appropriate, Goods similar to those
undelivered, and the Supplier shall be liable to the Purchaser for any excess costs for such similar Goods.
However, the Supplier shall continue the performance of the Contract to the extent not terminated.
15.3
Termination for Insolvency - The Purchaser may at any time terminate the Contract by giving
written notice to the Supplier, without compensation to the Supplier, if the supplier becomes
bankrupt or otherwise insolvent, provided that such termination will not prejudice or affect any right
of action r remedy which has accrued or will accrue thereafter to the Purchaser.
15.4
Termination for Convenience - The purchaser, may by written notice sent to the supplier,
terminate the contract, in whole or part, at any time for its convenience. The notice of termination
shall specify that termination is for the Purchaser’s convenience, the extent to which performance
of work under the Contract is terminated, and the date upon which such termination becomes
effective.
16.0
RESOLUTION OF DISPUTES
16.1
The Laws of Republic of India for the time being in force shall govern, construe and enforce this
contract for manufacture and supply of wheelsets.
In the event of any question, dispute or difference arising under these conditions or instructions of
Tenderers or in connection with this contract (except as to any matters the decision of which is
specifically provided for by these Conditions or Instructions to Tenderers) the same shall be
referred to the sole arbitration of a CONCOR Officer appointed to be the Arbitrator, by the
Chairman and Managing Director, CONCOR, New Delhi, India. The CONCOR Officer to be
appointed as Arbitrator, however, will not be one of those who had an opportunity to deal with the
matters to which the contract relates or who in the course of their duties has expressed view on all
or any of the matters under depute or difference. The award of the Arbitrator shall be final and
binding on the parties to this contract.
In the event of the Arbitrator dying, neglecting or refusing to act or resigning or being unable to act
for any reason, or their award being set aside by the court for any reason, it shall be lawful for the
16.2
16.3
Stamp of bidder
Signature of bidder
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Page 32 of 172
Section-III: Terms and Conditions
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
authority appointing the Arbitrator to appoint another Arbitrator in place of the outgoing Arbitrator in
the manner aforesaid.
16.4 It is further a term of this contract that no person other than the person appointed by the authority
as aforesaid should act as Arbitrator and that if for any reason that is not possible, the matter is not
to be referred to arbitration at all.
16.5 The Arbitrator may from time to time with the consent of all the parties to the contract enlarge the
time for making the award.
16.6 Upon every and any such reference, the assessment of the cost incidental to the reference and
award respectively shall be in the discretion of the Arbitrator.
16.7 Subject as aforesaid, the Arbitration Act 1996 and the rules there under any statutory modification
thereof for the time being in force shall be deemed to apply to the arbitration proceedings under
this clause.
16.8 The venue of arbitration shall be the place from which the Acceptance of Tender is issued or such
other place as the Arbitrator at his discretion may determine.
16.9 In this clause the authority to appoint the Arbitrator includes, if there be no such authority the officer
who is for the time being discharging the functions of that authority, whether in addition to other
functions or otherwise.
16.10 No payment of interest shall be made for the disputed amounts/claims till the final determination of
dispute/claims and payment thereof pursuant to the resolution.
16.11 Obligation during pendency of arbitration – Work under the contact shall, unless otherwise directed
by the Officer in charge, continue during the arbitration proceedings, and no payment due or
payable by the CONCOR shall be withheld on account of such proceedings, provided, however, it
shall be open for Arbitral Tribunal to consider and decide whether or not such work should continue
during arbitration proceedings.
17.0
TRANSFER AND SUBLETTING
17.1
The contractor shall not sublet (otherwise than that which may be customary in the trade
concerned), transfer, assign or otherwise part with directly or indirectly to any person or persons,
whatever is in this contract, or any part thereof without the previous written permission of the
purchaser or his nominee.
18.0.
ACCEPTANCE OF STORES DESPATCHED AFTER EXPIRY OF DELIVERY PERIOD
18.1
In cases where only a portion of the stores ordered is tendered for inspection at the fag end of the
scheduled delivery period and also in cases where inspection is not completed in respect of the
portion of the stores tendered for inspection during the scheduled delivery period because of the
reason that adequate notice for inspection in accordance with clause 4.1 was not given by the
Contractor, the Purchaser reserves the right to cancel the order for the balance quantity, at the risk
and expenses of the Contractor without any further reference to him. If the stores tendered for
inspection during or at the fag end of the scheduled delivery period are not found acceptable after
carrying out the inspection, Purchaser is entitled to cancel the contract in respect of the same at
the risk and expense of the Contractor. If, however, the stores tendered for inspection are found
acceptable, the Purchaser may grant an extension of the delivery period subject to the following
conditions:
The Purchaser has the right to recover from the Contractor the liquidated damages on the stores,
which the Contractor has failed to deliver/commission within the period fixed for delivery as per
Section-V DELIVERY SCHEDULE.
(a)
Stamp of bidder
Signature of bidder
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Section-III: Terms and Conditions
CONTAINER CORPORATION OF INDIA LTD
(b)
(c)
(d)
Tender No.: CON/T/Wheel Sets-2700/2014
That no increase in price on account of any statutory increase in or fresh imposition of Customs
Duty, Excise Duty, Sales Tax, Exchange rate, Freight Charges or on any account of any other tax
or duty leviable in respect of the stores specified in the contract, which takes place after the date of
delivery period stipulated in the said Acceptance of Tender, shall be admissible on such of the said
stores as are delivered after said date.
That notwithstanding any stipulation in the contract for increase in price on any other ground, no
such increase which takes place after the delivery date stipulated in the contract shall be
admissible on such of the said stores as are delivered after the said date.
But nevertheless the Purchaser shall be entitled to the benefit of any decrease in price on account
of reduction in or remission of Customs Duty, Excise Duty, VAT/Sales Tax or on account of any
other ground which takes place after the expiry of the delivery date stipulated in the contract. The
Contractor shall allow the said benefit in his bills or in the absence thereof shall certify that no
decrease in price on account of any of these factors has taken place.
18.2
The Contractor shall not despatch the stores till such time an extension in terms of clause 18.1 (a)
to (d) above is granted by the Purchaser and accepted by the Contractor. If the stores are
despatched by the Contractor before an extension letter as aforesaid is issued by the Purchaser
and the same are accepted by the consignee, the acceptance of the stores shall be deemed to be
subject to the conditions (a) to (d) mentioned in clause 18.1 above.
18.3
In case where the entire quantity has not been tendered for inspection within the delivery period
stipulated in the contract and the Purchaser chooses to grant an extension of the delivery period
the same would be subject to conditions (a) to (d) mentioned in clause 18.1 above.
19.0
NOTICES
For the purpose of all notices, the following shall be the address of the Purchaser and Supplier:
Purchaser:
Supplier:
Stamp of bidder
Container Corporation of India Ltd. (CONCOR)
C-3, Mathura Road (Opp: Apollo Hospital)
New Delhi-110 076, (INDIA)
----------------------------------------------------------------------------------------------------------------------------------------------------------
Signature of bidder
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Page 34 of 172
Section-IV: Technical Specification
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
SECTION-IV
TECHNICAL SPECIFICATIONS
&
REQUIREMENTS
OF
22 MT AXLE LOAD 840mm
DIAMETER
WHEEL SETS
FOR
BLC/BLL WAGON
Stamp of bidder
Signature of bidder
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Page 35 of 172
Section-IV: Technical Specification
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
SECTION-IV
TECHNICAL SPECIFICATIONS AND REQUIREMENTS OF 22 MT AXLE LOAD
840MM DIAMETER BLC/BLL WHEEL SETs
(Please refer Annexure-15 for detailed Specification & Drawings for Cast &/or Forged wheel sets)
1
Specification of Wheel Sets – The wheel sets shall be as per the following Specifications/Drawings of
RDSO
Item
No.
1 (a)
Product
Description
Specification
Drawing Nos.
Wheel
Sets
(Cast)
840 mm diameter
wheel and axle
assembly
consisting of
wheels & axle for
22 MT axle load
Cast Wheel: IRS R-19/93 (Part-III) with
Corrigendum. No. 1 of June 1997,
corrigendum no 2 of October 1997,
corrigendum no 3 of September 1999,
corrigendum no 4 of June 2003,
corrigendum no 5 of January 2008, &
corrigendum no 6 of November 2008.
CONTR-9404-S/13 Alt.5
(Wheel)
Axle: IRS R-16/95 with Corrigendum No. 1
of May 1997, corrigendum no 2 of
September 1999 & corrigendum no 3 of
April 2012,
SKETCH-92114 Alt. 7 Marking Scheme
CONTR-9404-S/12 Alt.3
(Wheel set assembly)
WD-89025-S/02 Alt.6 (Axle)
Wheel axle assembly: IRS R-19/93 (Part
1) with Corrigendum No. 1 of October 1997,
corrigendum no 2 of September 1999,
corrigendum no 3 of June 2003.
OR
1 (b)
Wheel
sets
(Forged
)
840mm diameter
wheel and Axle
Assembly
consisting of
wheels & axle for
22 MT axle load
Forged Wheel: IRS R-19/93 Part II
(Rev.4) of July 2012.
CONTR-9404-S/13 Alt.5
(Wheel)
Axle: IRS R-16/95 with Corrigendum
No. 1 of May 1997 & corrigendum no 2
of September 1999 & corrigendum no 3
CONTR-9404-S/12 Alt.3
(Wheel and axle assembly)
of April 2012.
Wheel axle assembly: IRS R-19/93
(Part I) with Corrigendum No. 1 of
October 1997, corrigendum no 2 of
September 1999, corrigendum no 3 of
June2003
WD-89025-S/02 Alt.6 (Axle)
SKETCH-92114 Alt.7 –
Marking Scheme
Detailed drawing for wheel disc with boundary dimensions to RDSO Drawing CONTR-9404-S/13.
NOTE – Surface finish of the machined surface of wheels to be 6.5 micron (N9) unless otherwise
specifically stated.
2
The bidders, who are supplying 840mm diameter wheel sets regularly for BLC /BLL wagons after
approval of their Drawings, FE analysis and QAP etc. by the RDSO are not required to furnish the
details pertaining to Drawings, FEA Analysis and QAP in their offer. However, they are required to
furnish the details of the RDSO’s approval obtained by them.
Stamp of bidder
Signature of bidder
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Page 36 of 172
Section-IV: Technical Specification
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
3.0
All bidders may submit the technical details and information as per Para 4.0 and Para 5.0 of this
section to enable technical evaluation.
4.0
The bidders are required to submit FEA Report [As per AAR-S-660 (latest version)] for 840mm
diameter wheel disc [for 22.9 MT Axle Load with their bids. Alternatively, if the FEA report has
already been approved by RDSO, a copy of the approval can be submitted which will be verified by
CONCOR from RDSO. In addition, the following details are also required to be submitted with the
offers:-
4.1
Drawings of Wheel Discs and Wheel Axle Assembly
4.2
FEA Analysis Report for 22.9 MT Axle Load for 840mm diameter BLC wheel disc.
4.2.1
FE Analysis as per AAR S-660 (latest version) – The stress analysis (FEM) of the wheel discs is
required to be conducted using vertical, lateral and thermal loads as specified below:
Vertical load Lateral Load Thermal Load -
V1 = V2 = 22.9 MT
L1 = Vertical Load V1 / 2
27.3 HP for 20 minutes
The above analysis should be as AAR Standard S-660-2004 or latest (Procedure for the Analytic
Evaluation of Locomotive and Freight Car Wheel Designs). The FE analysis should clearly bring
out that stress distribution and temperatures are within the safe limits in both new as well as
condemning / worn condition (780 mm).
4.3
A Performance Statement as in Annexure-4, giving a list of major supplies of wheel sets effected
in the recent past, including the details of Purchaser’s name and address, order No. and date, and
the quantity supplied. It should also be indicated as to whether the supply was made within the
delivery schedule,
5.0
The bidders should also submit the details of equipment, process, quality control etc., specifically
covering the following items at appropriate location in Annexure-10. Quality Assurance Program
covering manufacture of axles, wheel and assembly of wheel sets shall also be submitted.
5.1
Main Equipments for wheel production,
5.1.1 Process Flow Chart for wheel production,
5.1.2 Equipments deployed for Quality Control of Wheel Production,
5.2
Main Equipments for Axle Production
5.2.1 Process Flow Chart for Axle production,
5.2.2 Equipments deployed for Quality Control of Axle Production,
5.3
Main Equipments for Wheel Set Assembly
5.3.1 Process Flow Chart for Wheel Set Assembly,
5.3.2 Equipments deployed for Quality Control of Wheel Set Assembly,
5.4
The details of equipments required vide 5.1, 5.2, 5.3 and 5.1.2, 5.2.2, 5.3.2 should be furnished as
per the following format separately for each item.
S.No.
Stamp of bidder
Name
of Make and
Year of Commissioning
Signature of bidder
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Remarks
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CONTAINER CORPORATION OF INDIA LTD
Equipment
6.0
Tender No.: CON/T/Wheel Sets-2700/2014
Model
It would be the bidder’s responsibility’ to get their drawing, FEA analysis and QAP for 22 MT Axle
Load for 840mm diameter BLC wheel sets and QAP approved through Wagon Directorate of
RDSO.
RDSO normally requires 6 to 8 weeks for approval of the above details; provided complete details
for Drawing, FEA Analysis and QAP have been furnished and requisite clarifications have also
been given to RDSO as and when required. The upper limit for getting RDSO’s approval by
successful bidder would be 60 days from the issue of NOA.
Stamp of bidder
Signature of bidder
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Section-V: Delivery Schedule
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
SECTION-V
DELIVERY SCHEDULE
Clause No.
1.0
2.0
Stamp of bidder
Particular
Delivery Period (shipment schedule)
Delivery Date
Signature of bidder
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Section-V: Delivery Schedule
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
SECTION-V
DELIVERY SCHEDULE
1.0
DELIVERY PERIOD (SHIPMENT SCHEDULE) - The delivery schedule would be as under:
Shipment
schedule
Item
Wheel sets as
per technical
specification
D + 130
TO
D + 355
Average monthly
shipment quantity
(minimum)
360 NOS
Consignee
&
Ultimate
Consignee*Manager
Chief
General
Consignee
Southern region
Ultimate Consignee** - Chief
Workshop Manager
Golden Rock Workshop
Tiruchirapalli
Total
2700
“D” is the date of issue of Notification of Award.
**
*
Note :
1.
2.
For foreign bidders.
For indigenous bidders. The list of ultimate consignees is tentative. The purchaser may
specify more ultimate consignees at later date.
The Wheel set should be supplied in full container loads (20 feet).
The firm can offer better dispatch schedule. In such case the details will be finalized in
mutual consultation with CONCOR and the Supplier.
2.0
DELIVERY DATE
2.1
The date on which Bill of Lading is issued after loading of the specified quantity of Wheel set in 20 ft.
containers on Vessel from the Port of Dispatch would be taken as “Delivery Date” for foreign bidders. In the
case of indigenous bidders, the date of dispatch of the wheel sets from the premises of the supplier / waybill
date would be treated as the “Delivery Date”.
2.2
Please note that only such goods, which has been inspected and declared suitable as per the drawings and
specifications mentioned in the Bid Document by inspecting officials, nominated/agreed by CONCOR would
be dispatched.
Stamp of bidder
Signature of bidder
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Section-VI: Annexure
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
SECTION-VI
(ANNEXURES)
PARTICULARS
BID FORM
ANNEXURE NO.
1
BANK GUARANTEE FORMAT FOR EARNEST MONEY
2
BANK GUARANTEE (BG) VERIFICATOIN CHECKLIST
2.1
PRICE FORMAT (FOR FOREIGN BIDDERS)
3
PRICE FORMAT (FOR INDIGENOUS BIDDERS)
3A
PROFORMA FOR PERFORMANCE STATEMENT
4
PROFORMA FOR STATEMENT OF DEVIATIONS
5
PROFORMA FOR AUTHORITY FROM MANUFACTURERS
6
PERFORMANCE SECURITY FORM
7
INDICATIVE CHART FOR WORKING OUT PERIOD OF VALIDITY OF
8
PERFORMANCE BANK GUARANTEE
CONTRACT FORM
9
PROFORMA FOR EQUIPMENT AND QUALITY CONTROL
10
CHECK LIST FOR BID SUBMISSION
11
CHECK LIST FOR AGENTS & AGENCY COMMISSION
12
CHECKLIST FOR TECHNICAL DETAILS
13
INTEGRITY PACT
14
STANDARD SPECIFICATION FOR CAST &/OR FORGED WHEEL SETS
15
Stamp of bidder
Signature of bidder
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Section-VI: Annexure-1: Bid Form
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
ANNEXURE - 1
BID FORM
To
(Please see Clause 1.2 of General Instructions to Bidders, Section-II)
Container Corporation of India Ltd.
C-3 Mathura Road,
Opp: Apollo Hospital
New Delhi – 110 076
INDIA
Dear Sirs,
After examining/reviewing the bid documents for supply of 2700 nos. of 22 MT Axle Load 840mm diameter Wheel
Set Assembly for fitment in BLC wagons including General Instructions to Bidders (Section-II), Terms & Conditions
(Section-III), RDSO’s technical Specifications & Drawings for wheels, axles and wheel set assembly (Section-IV) and
Delivery Conditions (Section-V), the receipt of which is hereby duly acknowledged.
We confirm that this bid is valid for a period of 180 days from the date of opening of bid and it shall remain binding
upon us and may be accepted by any time before the expiration of that period.
If our bid is accepted, we will provide the Performance Guarantee equal to 5% (Five percent) of the contract price
(value of Notification of Award inclusive of Agency Commission) for due performance within 30 (thirty) days of
Notification of Award (NOA).
Until a final contract is prepared and executed, the bid together with your written acceptance thereof in your
Notification of Award shall constitute a binding contract between us.
We understand that you are not bound to accept the lowest price or any bid that you may receive.
SEAL AND SIGNATURE
DATE : ………………..
Duly authorized to sign bid for and on behalf of ……………………
(SIGNATURE OF WITNESS)
WITNESS NAME
:
ADDRESS
:
Stamp of bidder
Signature of bidder
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Section-VI: Annexure-2: Bank Guarantee Format for Earnest Money
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
ANNEXURE - 2
BANK GUARANTEE FORMAT FOR EARNEST MONEY
(Please refer Clause-3.1.2 of Section-II, General Instructions to Bidders)
(To be stamped in accordance with the Stamp Act, if any, of the Country of the Issuing Bank)
Whereas (Name & address of bidder) (Hereinafter called "the Bidder") has submitted its bid
dated (date of bid) for the supply of 2700 nos. of 840mm diameter wheel set assembly for BLC /BLL wagons (hereinafter
called "the Bid").
KNOW ALL MEN by these presents that WE (Name of Bank) of (address of bank) having our registered office at
(address of registered office of the bank) (hereinafter called the "Bank") are bound unto Container Corporation of
India Ltd., having its registered office at CONCOR Bhawan, C-3, Mathura Road, Opp. Apollo Hospital, New Delhi110076 (INDIA) (hereinafter called "the Purchaser") in the sum of (amount of guarantee) for which payment well and
truly to be made to the said Purchaser, the Bank binds itself, its successors and assigns by these presents. Sealed
with the Common Seal of the said Bank this ....... day of (Month), 2014 (year).
THE CONDITIONS of this obligation are:
1.
If the Bidder withdraws or modifies its Bid during the period of bid validity specified by the Bidder on the Bid
Form; or
2.
If the Bidder, having been notified of the acceptance of its bid by the Purchaser during the period of bid
validity:
(a)
fails or refuses to execute the Contract Form if required; or
(b)
fails or refuses to furnish the Performance Security, in accordance with Clause-19.0 of the General
Instruction to Bidders and Clause 12.0 of Section-III, Terms & Conditions; we undertake to pay the
Purchaser up to the above amount upon receipt of its first written demand, without the Purchaser
having to substantiate its demand, provided that in its demand the Purchaser will note that the
amount claimed by it is due to it owing to the occurrence of one or both of the two conditions,
specifying the occurred condition or conditions.
This guarantee will remain in force up to and including thirty days after the period of the bid validity, and any
demand in respect thereof should reach the Bank not later than the above date.
SPACE FOR
BANK SEAL
.........................………………………….………………......…..
(Signature of the authorized official / s of issuing Bank with
Name and Designation)
Note :
1. The non-judicial stamp paper of appropriate value shall be purchased in the name of Bank, which has issued the
Bank Guarantee.
2. A Bank Guarantee verification checklist is also enclosed as Annexure-2.1 for the guidance of the bidder. Bidder
is required to fill up this form and enclose along with the bank guarantee.
Stamp of bidder
Signature of bidder
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CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
ANNEXURE – 2A
BANK GUARANTEE FORMAT FOR EARNEST MONEY (By Indian Agent)
(Please refer Clause-3.1.2 of Section-II, General Instructions to Bidders)
(To be stamped in accordance with the Stamp Act, if any, of the Country of the Issuing Bank)
Whereas (Name & address of bidder) (Hereinafter called "the Bidder") has submitted its bid dated (date of bid)
for the supply of 2700 nos. of 840mm diameter wheel set assembly for BLC /BLL wagons (hereinafter called "the
Bid")
In reference to letter No. …………… dated ……………. of “Bidder” M/s. …………………….. (Name and address of
Bidder) authorizing M/s. ………………. (Name and address of Indian Agent) as Bidder’s Indian Agent and in
accordance with your Tender Invitation No. ………………. for Supply of ………………………………………………,
M/s. …………………… (Name of Indian Agent), having its office in India at …………………….. (City and State) agree
to submit this Bank Guarantee hereunder for and on behalf of the “Bidder” who wish to participate in the said tender.
KNOW ALL MEN by these presents that WE (Name of Bank) of (address of bank) having our registered office at
(address of registered office of the bank) (hereinafter called the "Bank") are bound unto Container Corporation of
India Ltd., having its registered office at CONCOR Bhawan, C-3, Mathura Road, Opp. Apollo Hospital, New Delhi110076 (INDIA) (hereinafter called "the Purchaser") in the sum of (amount of guarantee) for which payment well and
truly to be made to the said Purchaser, the Bank binds itself, its successors and assigns by these presents. Sealed
with the Common Seal of the said Bank this .......... day of (Month), 2014 (Year).
THE CONDITIONS of this obligation are:
1.
If the Bidder withdraws or modifies its Bid during the period of bid validity specified by the Bidder on the Bid
Form; or
2.
If the Bidder, having been notified of the acceptance of its bid by the Purchaser during the period of bid
validity:
(a)
fails or refuses to execute the Contract Form if required; or
(b)
fails or refuses to furnish the Performance Security, in accordance with Clause-20.0 of the General
Instruction to Bidders; we undertake to pay the Purchaser up to the above amount upon receipt of its first
written demand, without the Purchaser having to substantiate its demand, provided that in its demand the
Purchaser will note that the amount claimed by it is due to it owing to the occurrence of one or both of the
two conditions, specifying the occurred condition or conditions.
This guarantee will remain in force up to and including thirty days after the period of the bid validity i.e. 210 (Two
Hundred and Ten days), and any demand in respect thereof should reach the Bank not later than the above date.
.........................………………………….………………......…..
(Signature of the authorized official/s of issuing Bank with
Name and Designation)
Note : 1.
The non-judicial stamp paper of appropriate value shall be purchased in the name of
Bank, which has issued the Bank Guarantee.
2.
A Bank Guarantee verification checklist is also enclosed as Annexure-2.1 for the guidance
of the bidder. Bidder is required to fill up this form and enclose along with the bank guarantee.
Stamp of bidder
Signature of bidder
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Page 44 of 172
Section-VI: Annexure-2.1: Bank Guarantee Verification Checklist
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
ANNEXURE - 2.1
BANK GUARANTEE (BG) VERIFICATOIN CHECKLIST
(Please see Clause-2.1.2.1 of Section-II, General Instructions to Bidders)
SL:
I
CHECKLIST
YES
Does the bank guarantee compare verbatim with standard CONCOR
Proforma for BG
a)
Has the executing Officer of BG indicated his name, designation
& power of Attorney No./signing power number etc. on BG.
b)
Is each page of BG duly signed/initialed by the executants, and
last page is signed will full particulars as required in the
CONCOR’s standard proforma of BG and under the seal of the
Bank
c)
Does the last page of the BG carry the signatures of two
witnesses alongside the signatures of the executing Bank
Manager
a)
Is the BG on non-judicial stamp paper of appropriate value
b)
Is the date of sale of non-judicial stamp paper shown on the BG
and the stamp paper is issued not more than six months prior to
the date of execution of BG
a)
Are the factual details such as Bid Document No., NOA No.,
contract price, etc. correct.
b)
Whether overwriting/cutting if any on the BG authenticated under
signature & seal of executant.
Is the amount and validity of BG in line with provisions of bidding
document/contract.
a)
Is the Bank Guarantee issued from a Bank’s branch located
outside India?
b)
Has the Bank Guarantee been routed through the correspondent
branch in India for due verification of the signature(s) of the
executant(s)?
(Applicable only if the answer to VI (a) is ‘YES’)
Whether the BG has been issued/confirmed by a Bank as per relevant
provisions of the bidding documents.
II
III.
IV
V.
VI.
VII.
Date
Place
:
:
NO
(Signature) ………………………
(Printed Name) ………………….
(Designation) …………………….
(Common Seal) ……………………
Note: Bidder/Contractor/Associate/Collaborator is required to fill up this form and enclose along with the Bank
Guarantee.
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 45 of 172
Section-VI: Annexure-3: Price Format (for Foreign Bidders)
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
ANNEXURE – 3
PRICE FORMAT (FOR FOREIGN BIDDERS)
(Please see Clause-11.3 of General Instructions to Bidders ((Section-II) and
Clause-6 of Terms & Conditions (Section-III)
To
Container Corporation of India Ltd.
CONCOR Bhawan,
C-3, Mathura Road, Opp: Apollo Hospital
New Delhi – 110 076 (INDIA)
Reference: Tender No.CON/T/Wheel Sets-2700/2014
Date of Opening: 25/04/2014
We (Name of bidder) hereby certify that we are established firm of manufacturer* / authorised agents of M/s. (Name
of the principal)*. We hereby offer to supply 22 MT Axle Load 840mm diameter Wheel Sets for BLC Wagons at the
prices mentioned below within the specified period of delivery indicated in Section-V of the Tender Document:
1.0
Item and Description
2.0
3.0
Specification/Drawing No.
Unit of supply (No. of wheel sets)
Description
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
Forged or Cast Wheel Sets
(strike out which is not applicable)
Cast Wheel Sets
Figures
Words
Forged Wheel Sets
Figures Words
Quantity of supply
FOB Price per unit of wheel set exclusive
of Agency Commission from the Port of
Despatch of the Country of Supply (in
US$/Euro)
Ocean freight per unit of wheel set from
port of despatch to Chennai Port, India (in
US $/Euro)
Insurance Charges per unit from Port of
Despatch to Chennai Port India (in
US$/Euro)
Agency commission per unit of wheel set, if
applicable (in US$/Euro)
CIF Price per unit of wheel set exclusive of
agency commission (in US$/Euro)
Discount, if any, per wheelset (in US
$/Euro)
CIF price per unit exclusive of agency
commission after discount (in US$/Euro)
CIF Price per unit inclusive of Agency
Commission after discount (in US$/Euro)
NOTE (1) Bidders are instructed that discount quoted by them other than specified column/space will not be taken into
account.
(2) It is hereby certified that we have understood the General Instructions to Bidders (Section-II), Terms &
Conditions (Section-III), RDSO’s technical Specifications and Drawings for wheels, axles, and wheel set
assembly (Section-IV), Delivery Schedule (Section-V) mentioned in the Bid Documents. We are thoroughly
aware of the nature of stores required and our offer is to supply stores strictly in accordance with the
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 46 of 172
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
requirements and according to the terms of the tender. We agree to abide solely by the conditions of the tender
in accordance with the tender documents if the contract is awarded to us.
(3) We hereby offer to supply the stores detailed above or such portion thereof, as you may specify in the
acceptance of tender at the price quoted and agree to hold this offer open for acceptance for a period of 180
days from the date of opening of tender. We shall be bound by the communication of acceptance despatched
within the prescribed time.
Date ___________
---------------------------------------------------------(Signature and Seal of Manufacturer/Bidder)
IMPORTANT POINTS TO NOTE
1) Bidders are advised to fill all the fields of ‘Price Form’ and Please strike out whichever is not applicable to them.
2) The insurance charges would be as per Clause-6 of Section-III from Warehouse of Manufacturers Works to
ultimate Port of Discharge i.e. CIF Chennai .
3) Agency commission, if any, would be payable on the basis of percentage of FOB price in non convertible INR as
per TT Buying` rate of rupee with respect to the US Dollar / Euro ruling on the date of issue of NOA (Notification
of Award)
4) To facilitate evaluation and comparison, the purchaser will convert all bid prices expressed in US Dollars/Euro as
payable in Indian National Rupees (INR) at the TT selling exchange rate established by Nationalised/Schedule
Commercial Bank in New Delhi as on the date of bid opening.
5) The offer must be submitted as per this Performa on the bidder’s letterhead. The bidder will not change the
proforma of Price Bid. The price quoted shall be firm and will not be subject to any variation on any account
during the currency of contract unless otherwise specified in the bid document.
6) No erasures or alterations in the text of the offer are permitted. The bidder shall initial any correction made in the
offer.
7). All prices shall be indicated in both figures and words in the space provided for in the format.
8) The Custom Duty shall be paid by CONCOR.
9) All other taxes/duties/expenditures etc. incurred for delivery of the stores on CIF basis up to the nominate Port of
Discharge i.e. Chennai Port would be borne by the “bidder only”.
10) The bids received would be evaluated on the basis of landed cost at ultimate destination as per clause 11.4 of
Section-II.
11) CONCOR reserves the right to place order on lowest technically suitable bidder either on FOB or CFR or
CIF basis.
12) Cargo handling charges prior to shipment, wherever applicable, shall be to the Bidder’s Account.
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 47 of 172
Section-VI: Annexure-3A: Price Format (for Indigenous Bidder)
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
ANNEXURE-3A
PRICE FORMAT (FOR INDIGENOUS BIDDERS)
(Please see Clause-11.3 of General Instructions to Bidders ((Section-II) and
Clause-6 of Terms & Conditions (Section-III)
To
Container Corporation of India Ltd.
CONCOR Bhawan,
C-3, Mathura Road, Opp: Apollo Hospital
New Delhi – 110 076, (INDIA)
Reference: Tender No. CON/T/Wheel Sets-2700/2014
Date of Opening: 25/04/2014
We (Name of bidder) hereby certify that we are established firm of manufacturer* / authorised agents of M/s. (Name
of the principal)*. We hereby offer to supply 22 MT Axle Load 840mm diameter Wheel Sets for BLC Wagons at the
prices mentioned below within the specified period of delivery indicated in Section-V of the Tender Document: 1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
13.0
14.0
Item and Description
Specification/Drawing No.
Unit of supply (No. of wheel sets)
Description
Cast Wheel Sets
Figures
Words
Quantity of supply
Ex-works Price per unit in INR
Packing and forwarding Cost in INR
Excise Duty @ (_____%)* in INR
VAT (_____%) in INR (No C/D form will
be given)
Other levies (please specify)
1. ________________________
______
2. ________________________
______
3. ________________________
______
Transportation per unit up to GOC
Workshop, Tiruchirapalli in INR
Insurance Charges per unit for delivery
up to GOC Workshop, Tiruchirapalli
Discount per unit in INR
Total price per wheelset (in Indian
Rupees)
at
GOC
Workshop,
Tiruchirapalli
Cenvat/Modvat benefit per wheel set
(please refer to para 11.4.2 of Section-II
of the tender document
______
______
______
Forged Wheel Sets
Figures
Words
______
______
______
______
______
______
*
Refer to clause 11.4.2 of Section-II.
NOTE (1) Bidders are instructed that discount quoted by them other than specified column/space will not be taken into account.
(2)
It is hereby certified that we have understood the General Instructions to Bidders (Section-II), Terms &
Conditions (Section-III), RDSO’s technical Specifications and Drawings for wheels, axles, and wheel set
assembly (Section-IV), Delivery Schedule (Section-V) mentioned in the Bid Documents. We are thoroughly
aware of the nature of stores required and our offer is to supply stores strictly in accordance with the
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 48 of 172
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
requirements and according to the terms of the tender. We agree to abide solely by the conditions of the
tender in accordance with the tender documents if the contract is awarded to us.
(3)
We hereby offer to supply the stores detailed above or such portion thereof, as you may specify in the
acceptance of tender at the price quoted and agree to hold this offer open for acceptance for a period of 180
days from the date of opening of tender. We shall be bound by the communication of acceptance despatched
within the prescribed time.
Dated..................... .......................
____________________________________
Signature and seal of Manufacturer/Tenderer
IMPORTANT POINTS TO NOTE
1)
The insurance charges would be as per Clause-6 of Section-III from Warehouse of Manufacturers Works to
ultimate consignee destination i.e. FOR GOC Workshop, Tiruchirapalli
2)
The offer must be submitted as per this Performa on the bidder’s letterhead. The bidder will not change the
proforma of Price Bid. The price quoted shall be firm and will not be subject to any variation on any account
during the currency of contract unless otherwise specified in the bid document.
3)
No erasures or alterations in the text of the offer are permitted. The bidder shall initial any correction made in
the offer.
4)
All prices shall be indicated in both figures and words in the space provided for in the format.
5)
The Excise Duty if any shall be born by CONCOR (Please refer to Clause 11.4.2 of Section-II of Tender
Document).
8)
All other taxes/duties/expenditures etc. incurred for delivery of the stores on FOR basis up to the nominate
destinations i.e. Tiruchirapalli (GOC Workshop) would be borne by the “bidder only”.
9)
Bidders are advised to fill all the fields of ‘Price Form’ and strike out the field not applicable to them.
10) CENVAT/MODVAT benefit should be quoted separately by the bidder at 14.0 above. (Please refer to
Clause 11.4.2 of Section-II of Tender Document).
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 49 of 172
Section-VI: Annexure-4:Performa for Performance Statement
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
ANNEXURE-4
(Please see Clause –2.2 (a) of Section-II, General Instructions to Bidders)
PROFORMA FOR PERFORMANCE STATEMENT
Tender No. CON/T/Wheel Sets-2700/2014
Date of opening 25/04/2014
Name of the Firm……………………………………………………………………………
………………………………………………………………………………………………
Year
of
supply.
Order placed by
(Full address of
Purchaser /
railroad)
Order No.
and date
Description
and
quantity of
wheel sets
ordered *
Value of
order
Date of
completion of
delivery
As per
contract
Remarks
indicating
reasons
for late
deliveries,
if any
Has the wheel
sets been
satisfactorily
commissioned
and is it giving
trouble free
service?**
Actual
Y-1
Y-2
Y-3
Y-4
Y-5
(Signature and seal of Manufacturer/Tender)
Note : 1 -
* In supply details for wheel sets, THE WHEEL TREAD DIAMETER AND DESIGN AXLE
LOAD ) should be clearly mentioned.
2. The details of type of wheels, i.e. whether forged or cast, should be mentioned.
3. Supply order for the last 5 years, including current year, should be furnished.
4. ** PLEASE ATTACH COPY OF PERFORMANCE CERTIFICATE ISSUED BY PURCHASER /
RAILROAD FOR THE SUPPLIES.
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 50 of 172
Section-VI: Annexure-5:Performa for Statement of Deviation
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
ANNEXURE-5
PROFORMA FOR STATEMENT OF DEVIATIONS
(Please see Clause-5.3.2 of General Instructions to Bidders, Section-II)
Tender No. CON/T/Wheel Sets-2700/2014
(1)
The following are the particulars of deviations from the requirement of General Instructions to
Bidders, Section-II
Clause
(2)
Remarks (including justification)
Deviation
Remarks (including justification)
The following are the particulars of deviations from the requirement of Technical Specifications for
requirement of Wheel Sets Section-IV
Clause
(4)
Deviation
The following are the particulars of deviations from the requirement of Terms and Conditions,
Section-III
Clause
(3)
Date of opening 25/04/2014
Deviation
Remarks (including justification)
The following are the particulars of deviations from the requirement of Delivery Schedule Section-V
Clause
Deviation
Remarks (including justification)
…….………………………..
(Signature and seal of the
Manufacturer/Tenderer)
Note . Where there is no deviation, the statement should be returned duly signed with an endorsement indicating
(NIL DEVIATION).
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 51 of 172
Section-VI: Annexure-6:Performa for Authority from Manufacturers
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
ANNEXURE-6
PROFORMA FOR AUTHORITY FROM MANUFACTURERS
(Please see Clause- 5.2 (iv) of Section-II, General Instructions to Bidders
No. ………….
Dated …………
To
M/s Container Corporation of India Ltd.
C-3 Mathura Road,
Opp: Apollo Hospital
New Delhi – 110 076
INDIA.
Sub: CONCOR’s Tender No. CON/T/Wheel Sets-2700/2014
Dear Sirs,
We …………….. an established and reputable manufacturers of ……………. Having factories at
………………………. do hereby authorise M/s. ………….. (Name and address of Agents) to represent us, to bid,
negotiate and conclude the contract on our behalf with you against Tender No. ……………………..
No company/firm or individual other than M/s. ………………… are authorised to represent us in regard to this
business against this specific tender.
Yours faithfully
(NAME)
for & on behalf of M/s. ……….……………
(Name of Manufacturers)
Note
This letter of authority should be on the Letter-Head of the manufacturing concern and should be signed by
a person competent and having the power of attorney to bind the manufacturer.
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 52 of 172
Section-VI: Annexure-7: Performance Security Form
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
ANNEXURE-7
PERFORMANCE SECURITY FORM
(To be stamped in accordance with the Stamp Act, if any, of the Country of the Issuing Bank)
(Please see Clause-19.0 of Section-II and Clause-12 of Section-III)
To:
M/s Container Corporation of India Ltd.
C-3 Mathura Road,
Opp: Apollo Hospital
New Delhi – 110 076
INDIA.
WHEREAS ................................. (Name of Supplier) …………………………………………………………………
hereinafter called "the Supplier" has undertaken, in pursuance of Contract No..........dated.........…... to supply 2700 nos.
of 840mm diameter Wheel Set Assembly for BLC Wagons (hereinafter called "the Contract").
AND WHEREAS it has been stipulated by you in the said Contract that the Supplier shall furnish you with a Bank
Guarantee by a recognized bank for the sum specified therein as security for compliance with the Supplier's
performance obligations in accordance with the Contract.
AND WHEREAS we have agreed to give the Supplier a Guarantee:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the Supplier, up to a total of
……………………………..................................... (Amount of the Guarantee in Words and Figures) and we undertake to pay
you, upon your first written demand declaring the Supplier to be in default under the Contract and without cavil or argument,
any sum or sums within the limit of ..................…………………………………………............. (Amount of Guarantee) as
aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein.
This guarantee is valid until the ........day of................
Signature
Name
Designation with Bank’s Stamp
Witness :
Date : ………………………….
Address ……………………….
Signature
:
Name
:
………………………
Official Address :
Note :
1
2.
The stamp paper of appropriate value shall be purchased in the name of Issuing Bank.
An indicative chart for working out period of validity of Performance Bank Guarantee is enclosed as Annexure8
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 53 of 172
Section-VI: Annexure-8: Indicative Chart for Working out Period of Validity of Performance Bank
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
ANNEXURE – 8
INDICATIVE CHART FOR WORKING OUT PERIOD OF VALIDITY OF PERFORMANCE
BANK GUARANTEE
(Please see Clause-12 of Section-III – Terms & Conditions)
SL:
1
PARTICULARS
D
2
Submission of Performance Bank Guarantee within 30 days of issue of
NOA (As per Clause 19.0 of Section-II, General Instruction to Bidders
of Bid Document)
Commencement of Delivery of 1st lot of Wheel set within 130 days from
the issue of NOA and supply @ 360 nos. (minimum) per month from
D+130 to D+355
3
DATE
Date of Issue
of NOA
D + 30
D+355
4
Guarantee & Warranty period – 40 months from the date of shipment /
dispatch or 36 months from fitment of the last consignment plus claim
period of one month (As per Clause 12.0 of Section-III, Terms &
Conditions of Bid Document)
D + 355 + 1217 days
= (D + 1572)
5.
30 days claim period
D + 1572 + 30 = 1602
days
Remarks: If ‘D’ is01/01/2014, then validity of 1602 days shall be 22/05/2018.
NOTE:
1.
The Above period is indicative. In case of variation in issue of NOA or delivery schedule, the final guarantee
period may vary accordingly.
2.
The Bank Guarantee should be as per Clause 12.0 of Section-III and Annexure-7 of Bid Document
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 54 of 172
Section-VI: Annexure-9 Contract form
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
ANNEXURE - 9
CONTRACT FORM
(To be executed on Non-judicial Stamp Paper of appropriate value)
(Please see Clause-19.0 of Section-II, General Instruction to the Bidders)
THIS AGREEMENT made the .......day of ...............................,at New Delhi Between Container Corporation of India
Ltd., having its registered office at CONCOR Bhawan, C-3, Mathura Road, Opp. Apollo Hospital, New Delhi-110076,
INDIA (hereinafter called "the Purchaser") of one part and ...............................(Name of Supplier) of
................................(City of Supplier) (hereinafter called "the Supplier") of the other part:
WHEREAS the Purchaser is desirous that certain Goods and ancillary services should be provided by the Supplier, viz.
2700 nos. of 840 mm diameter wheel set assembly for BLC wagons and has accepted a bid by the Supplier for the
supply of Goods and Services in the sum of ........................................................ (Contract Price in Words and Figures)
(hereinafter called "the Contract Price").
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1.
In this Agreement words and expressions shall have the same meanings as are respectively assigned to them
in the conditions of Contract referred to.
2.
The following documents shall be deemed to form and be read and construed as part of this Agreement, viz.:
(a)
(b)
(c)
(d)
(e)
(f)
(e)
the Bid Form and Price Schedule submitted by the Bidder
the General Instructions to Bidders
the Terms & Conditions
the Delivery Schedule
the RDSO’s technical Specifications & Drawings for Wheels, Axles and Wheel Set Assembly
Any other correspondence if considered necessary.
the Purchaser's Notification of Award
3.
In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter mentioned, the
Supplier hereby covenants with the Purchaser to provide the Goods and Services and to remedy defects
therein in conformity in all respects with the provisions of the Contract.
4.
The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the Goods and
Services and the remedying of defects therein, the Contract Price or such other sum as may become payable
under the provisions of the Contract at the times and in the manner prescribed by the Contract.
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 55 of 172
Section-VI: Annexure-9 Contract form
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
Brief particulars of the goods and services, which shall be supplied/provided by the Supplier, are as under:
SL No.
BRIEF DESCRIPTION
OF GOODS &
SERVICES
QUANTITY
TO BE
SUPPLIED
UNIT
PRICE
TOTAL
PRICE
DELIVERY TERMS
(CIF/CFR/FOB or FOR
Destination)
TOTAL VALUE: _________________________________________________________________
5.
DELIVERY SCHEDULE:
6.
PAYMENT TERMS:
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with their
respective laws the day and year first above written.
Signed, Sealed and Delivered by the
said .................................
(For the Purchaser)
Signed, Sealed and Delivered by
the said ...................................
(For the Supplier)
in the presence of:......................................
in the presence of:................................
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 56 of 172
Section-VI: Annexure-10 Proforma for Equipment and Quality Control
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
PROFORMA FOR EQUIPMENT AND QUALITY CONTROL
(Please see Clause 2.2 (b) of Section-II, General Instructions to Bidders)
ANNEXURE-10
Date of opening 25/04/2014
Tender No. CON/T/Wheel Sets-2700/2014
Name of the Firm …………………………………………………………………………….
(Note – All details required only for the items tendered)
1.
Name & full address of the firm
2.
Telephone, Telex, Fax No. Office/Factory/Works
3.
Telegraphic address
4.
Location of the manufacturing factory
5.
Details of Industrial Licence, wherever required as per statutory regulations
6.
Details of plant & machinery erected and functioning in each Department. (Monographs & description
pamphlets be supplied if available).
7.
Details of the process of manufacture in the factory in brief
8.
Details & stocks of raw material held.
9.
Production capacity of wheel sets, wheel disc, and axles quoted for, with the existing plant & machinery
Monthly
Annual
9.1
Normal
9.2
Maximum
10.
Details of arrangement for quality control of products such a laboratory, testing Equipment etc.
11.
Details of staff
11.1
Details of technical supervisory staff-in-charge of production & quality control
11.2
Skilled labour employed
11.3
Unskilled labour employed
11.4
Maximum No. of workers (skilled & unskilled) employed on any day during the 18 Months
proceeding the date of application.
Whether the wheel sets, wheel discs, and axle are tested to any standard specification, if so, copies of
original test certificate should be submitted in triplicate.
12.
(Signature and seal of the manufacturer/Bidder)
Note :
1.
2.
Separate wheel as well as axle production and wheel set assembly flow chart should be provided.
List of main equipments deployed for wheel as well as axle production and wheel set assembly should be
furnished as per format 5.4 of Section-IV (Technical Specifications),
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 57 of 172
CONTAINER CORPORATION OF INDIA LTD
3.
4.
5.
Tender No.: CON/T/Wheel Sets-2700/2014
List of inspection equipment for, wheel as well as axle production and wheel set assembly should be
furnished as per format 5.4 of Section-IV (Technical Specification).
Sample Inspection Sheet for largest diameter of wheels should be furnished as per Clause 4.3 of SectionIV. This should be from any of the supply made during the last five years
Sample Inspection Sheet for the largest length and diameter of axle should be furnished as per Clause 4.3
of Section-IV. This should be from any of the supply made during last five years, including the current year.
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 58 of 172
Section-VI: Annexure-11 Check list for Bid Submission
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
ANNEXURE-11
CHECK LIST FOR BID SUBMISSION
(Please see Clause 23.0 of Section-II, General Instructions to Bidders)
1
2
3
4
5
6
7
8
9
Have you submitted the Bid Form in the prescribed format as per Annexure-1?
Have you submitted Earnest Money of specified value as per Clause 3.1,
validity as per Clause 3.1.2 of Section-II and format as per Annexure-2
In case Earnest Money is in the form of a Bank Guarantee, have you checked
the contents as per Bank Guarantee Verification Checklist given in Annexure
2.1 and submitted the checklist duly filled and signed?
Have you put the Earnest Money in a separate envelope marked “Envelop-1”
and superscripted “Earnest Money”?
Have you given your price details as per Price Format in Annexure-3 and put
in a separate envelope marked “Envelope-2, Price Format” as per Clause 11.3
of Section-II? Have you quoted the price in US Dollar/Euro?
Have you read, signed & stamped all pages of tender document, including the
technical specification as per Clause 5.4 of Section-II, and submitted the same
alongwith the documents mentioned in Clause 6.1.3.1 to 6.1.3.8 and sealed in
a separate envelope marked “Envelope-3”?
Have you furnished the Statement of Deviation/Nil Deviation as per Clause5.3.2 in Annexure-5?
Have you quoted delivery period correctly and precisely as per details given in
Section-V.
Have you kept your offer valid for 180 days as per Clause 12.2 of Section-II,
General Instructions to Bidders?
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
(SIGNATURE & SEAL OF THE MANUFACTURER)
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
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Section-VI: Annexure-12 Check list for Agent & Agency Commission
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
ANNEXURE-12
CHECK LIST FOR AGENTS & AGENCY COMMISSION
(Please see Clause-5.2 of Section-II, General Instructions to Bidders)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Have you submitted the authorization letter authorizing your agent to quote on this
tender as per Annexure-6?
Have you indicated the complete name and address of the agents and details of
the services to be rendered by the agent?
Have you submitted a copy of your agreement with your Indian Agent?
Are the agents authorized to deal with this tender as your sole selling agents and
confirm that you have not appointed any other sole selling agents for this tender?
Have you indicated the amount of remuneration for the agents included in the
offer?
Is your agent authorized to give all clarifications in connection with this tender
including confirmation/extension to the validity of the offer?
Is your agent also authorized to give clarifications of technical nature on this
tender?
Will your agent receive communications on your behalf?
Will your agent assist the purchaser in custom classification and insurance survey
etc. while clearing the goods or for lodging claims on the insurance companies in
case the goods are lost/received in damaged conditions, if so required by the
Purchaser?
Are your Indian agents competent enough to undertake the entire after sale
service of the items on this tender on behalf of the manufacturers?
If answer to (10) above is yes, then have you indicated the details of infrastructure
available with your agents for providing these services?
Do you have any say in the management of the company working as your agent?
If so have you indicated the precise relationship and the details of common
directors/partners, if any?
Do you or your Indian agents have mutual interest in each other’s business? If
yes, have you furnished details thereof?
Are you aware that any payment against the contract, if paid, to your Indian Agent
directly by you in currency other than in Indian rupees is against the Indian Laws?
Are you aware that failure to disclose the full amount of remuneration/agency
commission payable to your Indian Agents shall render the contract void?
Copy of PAN (Permanent Account Number) of your Agent
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
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Section-VI: Annexure-13 Check list for Technical Details Submission
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
ANNEXURE-13
CHECK LIST FOR TECHNICAL DETAILS SUBMISSION
(Please see Section-IV, Technical Specification & Requirements)
1
Are you a regular supplier of 840mm diameter wheel sets to CONCOR or Yes/No
other parties with the RDSO approval of General Arrangement Drawing, FEA
analysis and QAP for 840mm diameter wheelset.
2
Have you submitted the clause by clause compliances on Standards Yes/No
Specifications for cast &/or forged wheel sets (Wheel, axle, axle and wheel &
axle assembly).
3
Have you submitted the performance statements (Annexures 4) showing major Yes/No
supplies effected in the last five years giving details of the purchaser’s name
and address, order no and date and the quantity supplied and whether the
supply was made within the delivery schedule? The details of supplies should
be given along with proof of purchase orders and delivery details (copy of
receipt note/inspection note etc).
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
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Section-VI: Annexure-14 Integrity Pact
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
ANNEXURE-14
INTEGRITY PACT
(See Clause-24 of Section-II, Instruction to Bidders)
Container Corporation of India Ltd. (CONCOR) hereinafter referred to as
“The Principal”
and
………………… hereinafter referred to as “The Bidder/Contractor”.
Preamble
The Principal intends to award, under laid down organizational procedures, contract/s for ……………. The Principal
values full compliance with all relevant laws of the land, rules, regulations, economic use of resources and of fairness
/ transparency in its relations with its Bidder(s) and / or Contractor(s).
In order to achieve these goals, the Principal will appoint an Independent External Monitor (IEM), who will monitor the
tender process and the execution of the
contract for compliance with the principles mentioned above.
Section 1 – Commitments of the Principal
(1).
The Principal commits itself to take all measures necessary to prevent corruption and to observe the
following principles.
a.
No employee of the Principal, personally or through family members, will in connection with the tender for,
or the execution of a contract, demand, take a promise for or accept, for self or third person, any material or
immaterial benefit which the person is not legally entitled to.
b.
The Principal will, during the tender process treat all Bidders(s) with equity and reason. The Principal will in
particular, before and during the tender process, provide to all Bidder(s) the same information and will not
provide to any Bidder(s) confidential/additional information through which the Bidder(s) could obtain an
advantage in relation to the tender process or the contract execution.
c.
The Principal will exclude from the process all known prejudiced persons.
(2)
If the Principal obtains information on the conduct of any of its employees which is a criminal offence under
the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal will inform the Chief
Vigilance Officer and in addition can initiate disciplinary actions.
Section 2 – Commitments of the Bidder(s)/contractor(s)
(1)
The Bidder(s)/Contractor(s) commit himself to take all measures necessary to prevent corruption. He
commits himself to observe the following principles during his participation in the tender process and during
the contract execution.
a. The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer, promise or give
to any of the Principal’s employees involved in the tender process or the execution of the contract or to
any third person any material or other benefit which he/she is not legally entitled to, in order to obtain in
exchange any advantage of any kind whatsoever during the tender process or during the execution of
the contract.
b. The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed agreement or
understanding, whether formal or informal. This applies in particular to prices, specifications,
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
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Section-VI: Annexure-14 Integrity Pact
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict
competitiveness or to introduce cartelization in the bidding process.
c. The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act; further the
Bidder(s)/Contractor(s) will not use improperly, for purposes of competition or personal gain, or pass on
to others, any information or document provided by the Principal as part of the business relationship,
regarding plans, technical proposals and business details, including information contained or
transmitted electronically.
d. The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the
Agents/representatives in India, if any. Similarly the bidder(s)/Contractor(s) of Indian Nationality shall
furnish the name and address of the foreign principals, if any. Further details as mentioned in the
“Clause 4.0 section II, Agent and Service facility in India – Agency commission” shall be disclosed by
the Bidder(s)/Contractor(s). Further, as mentioned in the Guidelines all the payments made to the
Indian agent/representative have to be in Clause 4.0 section II, all the payments made to the Indian
agent/representative have to be in Indian Rupees only
e. The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments he has made,
is committed to or intends to make to agents, brokers or any other intermediaries in connection with the
award of the contract.
(2)
The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an
accessory to such offences.
Section 3 – Disqualification from tender process and exclusion from future contracts
If the Bidder(s)/Contractor(s), before award or during execution has committed a transgression through a
violation of Section 2, above or in any other form such as to put his reliability or credibility in question, the
Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process or take action as per
extent rules..
Section 4 – Compensation for Damages
(1)
If the Principal has disqualified the Bidder(s) from the tender process prior to the award according to Section
3, the Principal is entitled to demand and recover the damages equivalent to Earnest Money Deposit / Bid
Security.
(2)
If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate
the contact according to Section 3, the Principal shall be entitled to demand and recover from the Contractor
liquidated damages of the Contract value or the amount equivalent to Performance Bank Guarantee.
Section 5 – Previous transgression
(1)
The Bidder declares that no previous transgressions occurred in the last 3 years with any other Company in
any country conforming to the anti corruption approach or with any other Public Sector Enterprises in India
that could justify his exclusion from the tender process.
(2)
If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or
action can be taken as per the procedure mentioned in “Guidelines on Banning of business dealings”.
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
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Section-VI: Annexure-14 Integrity Pact
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
Section 6 – Equal treatment of all Bidders/Contractors/Subcontractors
(1)
The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a commitment in conformity
with this Integrity Pact, and to submit it to the Principal before contract signing.
(2)
The Principal will enter into agreements with identical conditions as this one with al Bidders, Contractors and
Subcontractors.
(3)
The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its
provisions.
Section 7 – Criminal charges against violating Bidder(s) / Contractor(s) / Subcontractor(s)
If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a
representative or an associate of a Bidder, Contractor of Subcontractor which constitutes corruption, or if the
Principal has substantive suspicion in this regard, the Principal will inform the same to the Chief Vigilance Officer.
Section 8 – Independent External Monitor / Monitors
(1)
The Principal appoints competent and credible Independent External Monitor for this Pact. The task of the
Monitor is to review independently and objectively, whether and to what extent the parties comply with the
obligations under this agreement.
(2)
The Monitor is not subject to instruction by the representatives of the parties and performs his functions
neutrally and independently. He reports to the Managing Director, CONCOR.
(3)
The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction to all Project
documentation of the Principal including that provided by the Contractor. The contractor will also grant the
Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his
project documentation. The same is applicable to Subcontractors. The Monitor is under contractual
obligation to treat the information and documents of the Bidders(s)/Contractor(s)/Subcontractor(s) with
confidentiality.
(4)
The Principal will provide to the Monitor sufficient information about all meetings among the parties related
to the Project provided such meetings could have an impact on the contractual relations between the
Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings.
(5)
As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the
Management of the Principal and request the Management to discontinue or take corrective action, or to
take other relevant action. The monitor can in this regard submit non-binding recommendations. Beyond
this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from
action or tolerate action.
(6)
The monitor will submit a written report to the Managing Director, CONCOR within 8 to 10 weeks from the
date of reference or intimation to him by the Principal and, should the occasion arise, submit proposals for
correcting problematic situations.
(7)
Monitor shall be entitled to compensation on the same terms as being extended to / provided to
Independent Directors on the CONCOR Board.
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
Page no ___
Think CONCOR
Page 64 of 172
Section-VI: Annexure-14 Integrity Pact
CONTAINER CORPORATION OF INDIA LTD
Tender No.: CON/T/Wheel Sets-2700/2014
(8)
If the Monitor has reported to the Managing Director, CONCOR, a substantiated suspicion of an offence
under relevant IPC/PC Act, and the Managing Director CONCOR has not, within the reasonable time taken
visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the Monitor may
also transmit this information directly to the Central Vigilance Commissioner.
(9)
The word “Monitor” would include both singular and plural.
Section 9 – Pact Duration
This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last
payment under the contract, and for all other Bidders 6 months after the contract has been awarded.
If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of
this pact as specified above, unless it is discharged / determined by Managing Director, CONCOR.
Section 10 – Other provisions
(1)
This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of
the Principal, i.e. New Delhi
(2)
Changes and supplements as well as termination notice need to be made in writing. Side agreements have
not been made.
(3)
If the Contractor is a partnership or a consortium, this agreement must be signed by al partners or
consortium members.
(4)
Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement
remains valid. In this case, the parties will strive to come to an agreement to their original intentions.
-------- --------------------------------------------------------(For & On behalf of the Principal
----------------------------------------------(For & On behalf of Bidder/Contractor)
Office Seal
Office Seal
Place ---------------Date ---------------Witness 1 :
Name & Address ------------------------------------------------------------------------------------Witness 2 :
Name & Address -------------------------------------------------------------------------------------
Stamp of bidder
Signature of bidder
kMTonar kI baat, ka^naka^r ko saaqaThink Container,
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Think CONCOR
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