North Eastern Railway Tender Notice No. 03/Track/2011 Dated 04-05 -2011 The Principal Chief Engineer/N.E. Railway/Gorakhpur for and on behalf of President of India invites “Sealed” open tender on prescribed tender form for supply of the following track fitting items, which will be received up to 14.30 hours on the date mentioned against each and will be opened at 15:00 hours on the same date in the office chamber (Room No. 18 & Tender Box no.-01) of XEN/TP, PCE’s Office, N.E. Railway, Gorakhpur. S. No. 1 Open Tender No. /Due on 2 1 347/2011 Due on 15-06-2011 348/2011 Due on 21-06-2011 2 Description of materials Qty. 3 Manufacture and supply of Galvanized M etal Liners for use with Elastic Rail Clip-M K-III flat toe on 60 Kg. PSC sleepers as per RDSO drawing No. RDSO/T-3741 & T-3742 with latest alteration if any and conforming to IRS specification for Metal Liners for use with Elastic Rail Clip-MK-III (Provisional)-2010 with latest corrigendum if any and Galvanising specification as per hot dip Galvanising of low carbon steel metal liner to IS:2062. Each set comprises of the following: (i) Metal Liner as per RDSO drg. no. T-3741 = 01 no.. (ii) Metal Liner as per RDSO drg. no. T-3742 = 01 no. 4 519257 sets Manufacture and supply of 6mm thick Grooved Rubber Sole plate with horns for 52 Kg PSC sleeper and 52 Kg rail as per RDSO drawing no. RDSO/T-3703 with latest alteration if any, conforming to IRS specification for Grooved rubber sole plate (Provisional) 1997 & T-47-2006 with latest corrigendum, if any. 712576 Nos. Consignee wise quantity, SSE/ P.way/TD/ 5 Izzatnagar 70146 sets Delivery period Estimate d tender value (Rs.) Earnest Money (Rs.) 6 7 8 Cost of Tender docum ents (Rs.) 9 371300/- 2000/- Gonda 76506 sets Varanasi 372605 sets 6 Months Izzatnagar 2000 Nos 8 Months 185.61 Lac 130.26 lacs 260600/- 2000/- Gonda 481218 Nos Varanasi 229358 Nos Signature of Tenderer Address Page 1 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 349/2011 Due on 21-06-2011 3 350/2011 Due on 05-07-2011 Manufacture and supply of C..I. Bracket for 52Kg Check rail to be used on PSC sleeper B.G 52Kg as per drg No. RDSO/T-4784 with latest alteration & conforming to IRS specification No. IS-210-1993 (Gr.20) with uptodate amendment if any. Manufacture and supply of:(a) 25mm dia bolts for point & crossing of different RDSO’s drawings conforming to IRS specification with latest corrigendum if any . (b) 22mm dia bolts for point & crossing of different RDSO’s drawings conforming to IRS specification with latest corrigendum if any. 2200 Nos. 351/2011 Due on 05-07-2011 5 Manufacture and supply of:(a) Galvanised Plate screws (for use with Dowels) as per RDSO drawing no. RDSO/T-3911 with alt. 2 of May 1994 as shown in the drawing no. RDSO/T-3911 to 3918 & conforming to specification no. IRS: T-16-1981 and including corrigendum no. 2 of June, 1997 and latest specification of Galvanisation and amendment if any. (b) Galvanised Plate screws (for use with Dowels) as per RDSO drawing no. RDSO/T-3912 with alt. 2 of May 1994 as shown in the drawing no. RDSO/T-3911 to 3918 & conforming to specification no. IRS: T-16-1981 and including corrigendum no. 2 of June, 1997 and latest specification of Galvanisation and amendment if any. 4 Months 5.54 lacs 11100/- 500/- Varanasi 1100 Nos. 83.58 MT 8.99 MT 4 (c) 18mm dia bolts for point & crossing of different RDSO’s drawings conforming to IRS specification with latest corrigendum if any. (d) Hook bolts of different sizes with hexagonal nut and square washer as per RDSO drg. No. B-003(M). Materials specification as per drawing. Gonda 1100 Nos 0.51 MT 6.52 MT 9238 Nos. Izzatnagar 9.40 MT Gonda 36.29 MT Varanasi 37.89 MT Izzatnagar 0.15 MT Gonda 7.40 MT Varanasi 1.44 MT 12 Months 43.87 lacs 87800/- 1000/- Gonda 0.26 MT Varanasi 0.25 MT Izzatnagar 3.29 MT Gonda 0.96 MT Varanasi 2.27 MT Gonda 4910 Nos Varanasi 4328 Nos 6 Months 15.77 lacs 32000/- 1000/- 40000 Nos. Varanasi 40000 Nos. Signature of Tenderer Address Page 2 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 6 352/2011 Due on 05-07-2011 (c) Galvanised Plate screws (for use with Dowels) as per RDSO drawing no. RDSO/T-3915 with alt. 2 of May 1994 as shown in the drawing no.RDSO/T-3911 to 3918 & conforming to specification no. IRS: T-16-1981 and including corrigendum no. 2 of June, 1997 and latest specification of Galvanisation and amendment if any. Manufacture and Supply of :(a) Fish plate for 60 Kg. rail, 1m long with bolts, nut and washers as per RDSO drawing No. RDSO/T5916 with latest alteration if any, conforming to specification No. IRS: T-1/66 with latest amendment if any. Each set comprises of the following: (i) Fishplates as per RDSO drg. no. T-5916 = 2 nos. (ii) Fish bolts with nuts (25x150mm) as per drg. no. RDSO/T-11510 and spring washers = 6 nos, Gonda 5680 Nos 10566 Nos. Varanasi 4886 Nos 248 sets Izzatnagar 200 sets Varanasi 48 sets 6 Months (b) Fish plate for 60 Kg. rail 610 mm as per drg no.T-1898 with latest alteration if any, conforming to specification no. IRS: T-1/66 including corrigendum if any 386 Nos. Varanasi 386 Nos (c) Joggled Fish with clamps to be used for rail fracture BG for 60 Kg. as per RDSO drg. no.T-4016 with latest alteration if any. conforming to specification No. IRS: T-1/66 with latest amendment if any. Each set comprises of the following: (i) Joggled fishplates as per RDSO drg. no. T-4016 = 2 nos. (ii) Clamps to RDSO drg. no. T4017 = 4 nos. and to RDSO drg. no. T-4017/1 = 4 nos. (iii) Bolts (25x290mm) with nuts as per RDSO drg. no. T-11524 =4 nos. (iv) Single Coil Spring Washer (T10773) =4 Nos. (v) Plain Washer = 4 Nos. 96 sets Varanasi 96 sets 15.60 31200/- 1000/- Signature of Tenderer Address Page 3 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 (d) Joggled Fish Plates hole type to be used for rail fracture BG for 60 Kg. as per RDSO drg. no.T5849 along with bolts, nuts and all types of washers with latest alteration if any. conforming to specification No. IRS: T-1/66 with latest amendment if any. Each set comprises of the following: (i) Joggled fishplates as per RDSO drg. no. T-5849 = 2 nos. (ii)Bolts (25x180mm) with nuts as per RDSO drg. no. T-11513 =4 nos. (iii) Single Coil Spring Washer (T10773) =4 Nos. (iv) Special Washer = 4 Nos. 7 8 9 353/2011 Due on 19-07-2011 354/2011 Due on 19-07-2011 355/2011 Due on 02-08-2011 Manufacture and supply of Glass Filled Nylon–66 insulating liner for use with Elastic Rail Clip MKIII flat toe on concrete sleeper for 52 Kg rail as per RDSO drawing No. RDSO/T-3702 with latest alteration if any conforming to IRS specification for Glass Filled Nylon -66 insulating liner Serial No. T-44-1995 amendment no. 2 with latest corrigendum if any. Fabrication and supply of:(a) Switch Expansion Joint along with fittings (with 120 mm max. gap) for LWR BG 60 Kg. as per RDSO’s Drg. No. T-4165 with latest Alt., if any, conforming to specification no. T-10 with latest corrigendum if any on PSC layout with all fittings as per Annexure-1. (b) Stock rail (RH & LH) 52 Kg. as per RDSO drg. no. RDSO/T412/1 with latest alt. if any for Switch expension joint (with 80 mm max. gap) as per RDSO Drg. No. T-4160. Each set of Stock rail will comprise of One L/H and One R/H. Manufacture and supply of:(a) 6mm thick Grooved Rubber Sole plate with horns for 60 Kg PSC sleeper and 52/60 Kg rail as per RDSO drawing no. RDSO/T3711 with latest alteration if any, conforming to IRS specification for Grooved rubber sole plate (Provisional) 1997 & T-47-2006 with latest corrigendum, if any. 200 sets Varanasi 200 sets Izzatnagar 28750 Nos 242337 Nos. Gonda 174634 Nos 6 months 19.19 lacs 38400/- 1000/- 8 months 8.43 lacs 16900/- 500/- Varanasi 38953 Nos Izzatnagar 10 sets 18 sets Varanasi 8 sets 40 sets Gonda 40 sets 700000 Nos. IZN 74846 GD 69818 Nos. 15 Months 323.30 lacs 500000/- 2000/- BSB 555336 Nos. Signature of Tenderer Address Page 4 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 10 11 356/2011 Due on 02-08-2011 357/2011 Due on 02-08-2011 (b) 6mm thick Grooved Rubber Sole plate with horns for 52 Kg PSC sleeper and 52 Kg rail as per RDSO drawing no. RDSO/T-3703 with latest alteration if any, conforming to IRS specification for Grooved rubber sole plate (Provisional) 1997 & T-47-2006 with latest corrigendum, if any. Manufacture and supply of Single coil spring washer to suit 25mm dia. bolts as per RDSO drg. no. T10773 with latest alterations, if any, with material specifications conforming to IRS specification no. IRS/T-42-1988 and including corrigendum, if any. Manufacture and supply of:(a) Grooved Rubber Sole plate for 1:12 turnout as per layout drg no. RT/4732 for 60Kg/52Kg turnout PSC sleeper as per RDSO’s various drawing complete in all respect and conforming to IRS specification for Grooved rubber sole plate (Provisional) 1997 & T-47-2006 with latest corrigendum, if any. (b) Grooved Rubber Sole plate for 1:8.5 turnout as per layout drg no. RT/4865 for 60Kg/52Kg turnout PSC sleeper as per RDSO’s various drawing complete in all respect and conforming to IRS specification for Grooved rubber sole plate (Provisional) 1997 & T-47-2006 with latest corrigendum, if any. (c) Grooved Rubber Sole plate for derailing switch as per layout drg no. RT/5836 for 60Kg/52Kg turnout PSC sleeper as per RDSO’s various drawing complete in all respect and conforming to IRS specification for Grooved rubber sole plate (Provisional) 1997 & T-47-2006 with latest corrigendum, if any. (d) 6mm thick Grooved Rubber Sole plate for placing beneath C.I chair of SEJ on concrete sleeper as per RDSO drg.no. RDSO/T-4159 with latest alteration if any, conforming to specification for Grooved rubber sole plate (Provisional) 1997 & T-47-2006 with latest corrigendum, if any. 1062022 Nos. IZN 2000 GD 670791 Nos. BSB 389291 Nos. 60482 Nos Izzatnagar 4000 Nos Gonda 8466 Nos 352 Sets. Varanasi 48016 Nos IZN 100 sets GD 107 sets BSB 145 sets 250 sets IZN 65 sets GD 124 sets BSB 61 sets 52 sets GD 15 sets BSB 37 sets 600 sets GD 440 sets BSB 160 sets 4 Months 12 Months 2.84 Lac 107.76 lacs 5700/- 215600/- 150/- 2000/- Signature of Tenderer Address Page 5 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 12 358/2011 Due on 16-08-2011 13 359/2011 Due on 16-08-2011 14 360/2011 Due on 16-08-2011 15 361/2011 Due on 30-08-2011 Fabrication & supply of Glued Insulated Rail joint with 10 mm thick end post for B.G. 52 Kg. G-3 (L) type as per RDSO drawing No. RDSO/T-5361 with latest alteration, if any, conforming to IRS specification refer “Manual for fabrication of Glued Insulated Rail Joint (1998)” with latest corrigendum if any. Manufacture and supply of Galvanized M etal Liners for use with Elastic Rail Clip-M K-III flat toe on 60 Kg. PSC sleepers as per RDSO drawing No. RDSO/T-3740 with latest alteration if any and conforming to IRS specification for Metal Liners for use with Elastic Rail Clip-MK-III (Provisional)-2010 with latest corrigendum if any and Galvanising specification as per hot dip Galvanising of low carbon steel metal liner to IS:2062 Manufacture and supply of Glass Filled Nylon–66 insulating liner for use with Elastic Rail Clip MKIII flat toe on concrete sleeper for 60 Kg rail as per RDSO drawing No. RDSO/T-3706 with latest alteration if any conforming to IRS specification for Glass Filled Nylon -66 insulating liner specification No. T-44-1995 with amendment no.2 with latest corrigendum if any. Manufacture and supply of Galvanized M etal Liners for use with Elastic Rail Clip-M K-III flat toe on 52 Kg. PSC sleepers as per RDSO drawing No. RDSO/T-3738 with latest alteration if any and conforming to IRS specification for Metal Liners for use with Elastic Rail Clip-MK-III (Provisional)-2010 with latest corrigendum if any and Galvanising specification as per hot dip Galvanising of low carbon steel metal liner to IS:2062 2789 Nos. 160024 Nos. GD 1850 Nos. BSB 939 Nos. 12 Months 449100/- 2000/- Varanasi 160024 Nos. 4 Months 29.3 Lac 58100/- 1000/- 4 months 1.25 lacs 2500/- 150/- 6 Months 60.04 Lac 120100/- 2000/- Izzatnagar 15000 Nos 17000 Nos. Varanasi 2000 Nos 262212 Nos. 224.51 lacs Izzatnagar 69000 Nos Gonda 147636 Nos Varanasi 45576 Nos Signature of Tenderer Address Page 6 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 16 362/2011 Due on 30-08-2011 17 18 363/2011 Due on 30-08-2011 364/2011 Due on 30-08-2011 Joggled Fish Plates for use on defective welded joint for BG 52 Kg rail as per RDSO drg. No. T5848 along with bolts, nuts & all type washer given in the drg. No. RDSO/T-5848 with latest Alt. if any conforming to IRS specification No. IRS: T-11966.Each set comprises of the following: (i) Joggled Fish Plates 52 Kg. (hole type) RDSO drg. no.T-5848= 2 nos. (ii) Bolts 180X25mm dia with nuts as per RDSO drg. no. T-11513 with all type of washers as given in the drg. no. RDSO/T-5848 =4 nos. Manufacture and supply of Double coil spring washer to suit 25mm dia. bolts for BG fish plated joints as per RDSO drg. no. EDO/T-1214 with latest alterations if any and specification no. T-42-1988 with latest corrigendum if any. Manufacture and supply of Fish bolts and nut for 60 Kg rail as per RDSO drg No. RDSO /T1899 with latest alteration if any, conforming to IRS specification no. IRS T-23 and including corrigendum no.5 of Oct.1987 with latest amendment if any. GD 24224 sets 12 Months 808.46 lacs 500000/- 2000/- BSB 2334 sets 26558 sets 11515 Nos Varanasi 11515 Nos 4 Months 30026 Nos. Gonda 30026 Nos 4 Months 1.33 Lac 17.14 lacs 2700/- 34300/- 150/- 1000/- 1) (i)Items at S. No. 1, 2, and 6 to 16 of above table are exclusively reserved for purchase from vendor manufacturing firms approved by RDSO for these items of store. For these items following conditions will also be applicable: a) Wherever all or most of the approved firms quote equal rates and cartel formation is suspected, Railways reserves the right to place order on one or more firms with exclusion of the rest without assigning any reasons there of. b) Firms are expected to quote for a quantity not less than 50% of the tendered quantity. Offers for less than 50% of the tendered quantity will be considered unresponsive and liable to be rejected in case cartel formation is suspected. Railways, however, reserve the right to order on one or more firms any quantity. c) The firms who quote in cartel may be warned that their names are likely be deleted from list of approved sources. d) The Railways reserves the right to exercise their discretion to consider the unapproved/Part-II sources for supply of quantity as deemed fit. (ii) Item no. 5 of above table is exclusively reserved for purchase from SSI unit firm duly registered with NSIC for this item of store. 2) Tender should be submitted on prescribed tender document purchased from Principal Chief Engineer Office, N.E. Railway/Gorakhpur or downloaded from websites www.tenders.gov.in and www.ner.indianailways.gov.in otherwise, it may not be considered. 3) Tender documents can be had from the office of the Principal Chief Engineer, N.E. Railway, Gorakhpur between 10:00 hours to 13:00 hours from 10-05-2011 and onward on any working day, but issue of Tender Forms will be closed one day prior to due date of tender opening. Signature of Tenderer Address Page 7 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 4) If the date of opening of tender happens to fall on bandh or holiday, the tender will be received and opened on following working day at schedule time as prescribed above. 5) The cost of tender documents (not refundable) , wherever applicable, to be paid in cash or by Money Order remitted only in the name of Principal Chief Engineer, N.E. Railway, Gorakhpur (Postal Order or Cheque are not acceptable). 6) If tender document is required by DAK, Rs.50.00 for postal or Rs.100.00 for Speed Post charges will have to be deposited separately along with cost of each tender document. 7) No responsibility will be accepted for delay in postal transit. Late/delayed/post tender received after closing date/time will summarily be rejected. 8) Tender documents will be made available free of cost to such SSI Units which are registered with NSIC for that particular drawing of tendered item and for this, they shall have to submit certified copy of NSIC registration certificate. If they want tender documents by post they will have to submit Rs.50/- for postal or Rs.100/- for speed post charges for each item separately. 9) Tender should be submitted in “sealed covers’ super-scribing Open Tender Number, Description of Material and the Due date, on the cover without fail. 10) Earnest money deposit as indicated in column no. 8, subject to following exemptions, shall be furnished in the form of Cash/ Demand Draft / Fixed Deposit Receipt. If the tenderer desires to pay EMD in cash, the same shall be paid on any working day or before 10.30 hours, on the due date of opening of tender to the Principal Chief Cashier /N.E. Railway/Gorakhpur and Cash Receipt so obtained should be attached along with the tender. FDR/DD shall be drawn on any Nationalised Bank in favour of FA&CAO/N.E. Railway/Gorakhpur to submit along with the tender. Cheques and Bank Guarantee Bond will not be acceptable towards Earnest Money. The firms will be exempted from deposition of Earnest Money who will fulfil the following criteria: (a) Vendors registered with NSIC up to the monetary limit of their registration for the items tendered. (b) Vendors registered with Railways up to the monetary limit of their registration for the items tendered/trade groups of the items tendered. (c) Vendors on approved list of RDSO/PUS/CORE/Railways etc. for those specific items for which they are on approved list. (d) Manufacturers and their accredited agents. (e) Other Railways, Govt. departments. 11) The tender documents will also be availa ble on websites www.tenders.gov.in and www.ner.indianailways.gov.in during the Tender Notice period and the same can be downloaded and used as tender document for submitting the tender. This facility is available free of cost. However, the cost of tender form as mentioned above has also to be paid, wherever applicable, in the shape of Demand Draft issued in favour of FA & CAO, N.E. Railway, Gorakhpur, payable at Gorakhpur and to be enclosed along with the Tender Form while dropping the tender. In case the tender is not accompanied with the valid Demand Draft for the cost of Tender Document, the tender will be summarily rejected. The tenderers/firms that are found to be indulging in changing/adding or dele ting the contents, of the Tender Documents downloaded will be liable to face necessary action as per extent instructions which could be removal from approved list, banning, suspension of business dealings etc. 12) Tender offers can be sent by fax also. However it shall be the sole responsibility of the tenderers to ensure that the offers submitted by fax are dropped in appropriate tender box in sealed cover/cover(s) and within the prescribed time and date. The Railways shall not be responsible in any way for any delay in dropping the fax offers in the appropriate tender box. Tender offers received through fax and found in the tender box at the time of opening of tenders and complete in all respects and duly signed by the authorized signatory will be treated as in time offers subject to the firm/firms submitting post confirmation copy duly signed by the authorized person as per the tender conditions within ten working days from the date of opening otherwise the offer shall be treated as invalid. Tender offers received by fax as covered above shall be Signature of Tenderer Address Page 8 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 treated deemed as unresponsive in case the confirmation copy is not received within the time stipulated as above. 13) Tenderer should compulsorily mention their account no., bank name and branch, name of the customer/supplier, and MICR no. 14) In case any disparity arises between the Hindi and English version of the tender notice, the English version will hold good and will be followed. 15) For deciding inter-se- position of bidder will be applicable as per para no. 17.1 of special condition of contract (part-‘A’). 16) The Phone No. of the undersigned is 0551-2462457 & Mobile No. 9794840219. 17) Head of allocation for deposition of cost of tender document is 9365099, for deposition of Earnest Money and Security Deposit is 00084504. 18) Tenderers are requested to quote their rates as per para –19.0 of special condition part-‘A’ of tender document which is as follows :Deviations from the tender condition:- Tenderers quoting financial conditions, deviating from tender condition stipulated in tender document, are required to quantify its implications in financial term duly enclosing the calculation sheet supporting with authentic document, so that the impact of such financial condition on the offer may be worked out to decide inter-se-position of offers. In case tenderer quotes such financial condition without quantifying its financial implications, such tenders/offers shall be summarily rejected, for which Railway Administration shall not entertain any correspondence. (Executive Engineer/TP) For & on behalf of President of India. Signature of Tenderer Address Page 9 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 North Eastern Railway Open Tender No. 352/2011, (Item No.-6) Due on 05-07-2011 Manufacture and Supply of :(a) Fish plate for 60 Kg. rail, 1m long with bolts, nut and washers as per RDSO drawing No. RDSO/T- 5916 with latest alteration if any, conforming to specification No. IRS: T1/66 with latest amendment if any. Each set comprises of the following: (i) Fish plates as per RDSO drg. no. T-5916 = 2 nos. (ii) Fish bolts with nuts (25x150mm) as per drg. no. RDSO/T-11510 and spring washers = 6 nos (b) Fish plate for 60 Kg. rail 610 mm as per drg no.T-1898 with latest alteration if any, conforming to specification no. IRS: T-1/66 including corrigendum if any. (c) Joggled Fish with clamps to be used for rail fracture BG for 60 Kg. as per RDSO drg. no.T-4016 with latest alteration if any. conforming to specification No. IRS: T-1/66 with latest amendment if any. Each set comprises of the following: (i) Joggled fish plates as per RDSO drg. no. T-4016 = 2 nos. (ii) Clamps to RDSO drg. no. T-4017 = 4 nos. and to RDSO drg. no. T-4017/1 = 4 nos. (iii) Bolts (25x290mm) with nuts as per RDSO drg. no. T-11524 =4 nos. (iv) Single Coil Spring Washer (T-10773) =4 Nos. (v) Plain Washer = 4 Nos. (d) Joggled Fish Plates ho le type to be used for rail fracture BG for 60 Kg. as per RDSO drg. no.T-5849 along with bolts, nuts and all types of washers with latest alteration if any. conforming to specification No. IRS: T-1/66 with latest amendment if any. Each set comprises of the following: (i) Joggled fish plates as per RDSO drg. no. T-5849 = 2 nos. (ii)Bolts (25x180mm) with nuts as per RDSO drg. no. T-11513 =4 nos. (iii) Single Coil Spring Washer (T-10773) =4 Nos. (iv) Special Washer = 4 Nos. General Instructions to Tendere r(s) for Submitting Tender Documents Downloaded from Website are Given Below: 1.1 Tenderer (s) who are submitting downloaded (from website) tender documents must enclose with the tender form a non–refundable tender fee of Rs.1000/- (Rupees One thousand only) in form of Bank Draft issued by any Nationalized Bank, in favour of FA & CAO/N. E. Railway, Gorakhpur. Tender offers not accompanying with the requisite tender fee (if applicable) shall be summarily rejected. 1.2 It will be the responsibility of the tenderers, to lookout for corrigenda, if any, issued at any time, up to the date of opening and quote their rates and conditions accordingly. 1.3 A certified copy of original tender documents is available in the tender section (OS/W-3T) of Principal Chief Engineer/N. E. Railway, Signature of Tenderer Address Page 10 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 Gorakhpur, which may be seen on any working day during prescribed period for sale of tender form. 1.4 If during process of tender finalisation or at any stage even after award of tender it is detected that tenderer(s) have submitted tender documents after making any changes/additions /deletions in the tender documents downloaded from website, then the earnest money deposited by tenderer shall be forfeited by the Railway. Further, if after award of contract it is detected that tenderer has submitted tender documents after making any changes/additions /deletions in the tender documents downloaded from website, then Railway will take action to remove the contractor from the work as per extant rule. 1.5 Tenderers must keep their offer open for a period of 120 days from the date of opening of tender for acceptance by the Railway. 1.6 Please note that the end of tender document is marked ****** End of Document ******. The total document is to be downloaded for submission of the offer otherwise the document will be treated as invalid. Tender form issued in favour of ................................................................................................. .................................................................................................. Signature of Tenderer Address Page 11 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 North Eastern Railway CONTENTS S. No. CONTENTS 1. Tender Notice 2. Instructions to Tenderers 3. 4. Tender Schedule Special Conditions Part ‘A’ 5. 6. Special Conditions Part ‘B’ Proforma Page Signature of Tenderer Address Page 12 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 ,u-,l-@eq[; bathfu;j NS/CE/6 :- vifjorZuh; Not Transferable izfr lsV Rs. ........................ per set fufonkdkjksa ds fy, vuqns’k INSTRUCTIONS TO TENDERERS iwoksZRrj jsyos NORTH EASTERN RAILWAY Xkksj[kiqj GORAKHPUR [kqyh fufonk la[;k [kqyus dh frfFk Open Tender No. .......... Date of opening ........................... fodz; fd;k x;k Sold to: loZ Jh Messers ................................................. ................................................................ ................................................................ ................................................................ ................................................................ izeq[k eq[; bathfu;j For Principal Chief Engineer, iwoksRZ rj jsyos] xksj[kiqj N.E. Railway, Gorakhpur Signature of Tenderer Address Page 13 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 iwoksZRrj jsyos NORTH EASTERN RAILWAY fufonkdkj }kjk Hkjk tkuk pkfg, : To be filled in by tenderer : jlhn la[;k dk fooj.k ,oa frfFk ftlds ek/;e ls vfxze /kujkf’k tek fd;k x;kA Particular of receipt no. and date under which earnest money has been deposited. jlhn la[; fnukad Receipt no. …………………………………………………… Date ……………. vfxze /kujkf’k dh jlhn ;gk¡ fpidk;k tkuk pkfg, Receipt for earnest money should be affixed here. gLrk{kj Signature Name and Address of Tenderer Date ……………………………………200 Name………………………………. Address ……………………………. of Tenderer ……… Signature of Tenderer Address Page 14 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 NORTH EASTERN RAILWAY PART - I INSTRUCTIONS TO TENDERERS 1.01. 1. GENERAL The General Manager, Principal Chief Engineer/Chief Track Engineer, North Eastern Railway on behalf of the President of India herein after referred to as the purchaser, invites sealed tenders for the supply of stores as per details given in the schedule of requirements attached. 1.02. Offers from only actual manufacturers and accredited agents/stockists of manufacturers abroad will be considered. 1.03. Offers from brokers and other middle- men will not be entertained. 1.04. Offer from indigenous manufacturers with or without collaboration of foreign firms, where necessary, will generally be preferred. 2. TECHNICAL INFORMATION 2.01 The I. R. S./R. D. S. O. drawings quoted in the Schedule of requirements are available on payment from the Director General, Research, Design and Standards Organisation. Alambagh, Lucknow-5 (U. P.) 2.02. I. S. Specifications may be obtained from the Indian Standards Institution, Manak Bhavan-9, Bahadur Shah Zafar Marg, New Delhi-1. 2.03. I. R. S. & I. S. D. specifications may be obtained from the Manager of Publications Civil Lines, Delhi. 2.04. North Eastern Railway drawings and specifications may be obtained from the Principal Chief Engineer, North Eastern Railway, Gorakhpur. 2.05. It is entirely the responsibility of the Tenderers to obtain all necessary information and quote for the Stores in time as the purchaser may not consider any tender submitted late as a result of delayed supply of the above specifications or drawings. 3. BASIS FOR TENDER 3.01. 3.02 3.03. 3.04. Tenderers may quote on any of the following basis: Complete manufacture in India. Manufacture in India with certain imported components. Assembling of imported components. Supply of complete equipment from abroad. Notes: -In the case of 3.02 & 3.03, the tenderers should indicate the element of foreign exchange involved Details of the components. etc. raw materials to be imported should be furnished as well as the country of other origin. Signature of Tenderer Address Page 15 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 4. SUBMISSION OF OFFERS 4.01. Offers should be addressed to the President of India and submitted separately in as envelope which should be sealed and marked thus; Addressed to Principal Chief Engineer North Eastern Railway Gorakhpur. "Offer for Advertised Tender No............ …………… Opening Date ………………… Time The envelope should be addressed to the Principal Chief Engineer, North Eastern Railway, Gorakhpur. 4.02 4.03 Offers sent by post should be sent by registered post acknowledgment due address to the Principal Chief Engineer, N. E. Railway, Gorakhpur. Offers submitted by hand delivery, should be delivered personally to the Executive Engineer/Track Planning N. E. Railway, Gorakhpur and acknowledgement obtained of the same. A part from the original quotation to be submitted as detailed above copies should not be sent to other officers of the North Eastern Railway. This is in order to ensure that rates quoted so not leak out before the nominated date and time for tender opening. For similar reasons tenderers should in their own interest, avoid, as far as possible sending price quotation by cables or telegrams. 4.04 Tenders are sold to the Tenderers in duplicate. Only one copy of the tender should be submitted and the othe r copy retained as their own office copy. 4.05 Tenderers may enclose with their offer any other documents containing explanatory memorandum, etc, should they so desire. No erasers, alterations or over-writings are permitted on the Tender form and ambiguity must be avoided in filling tenders. The description of the item must be reproduced word by word in accordance with the description given in the Schedule of Requirements. If any departure or substitution from the particular specification is involved, this should be clearly indicated in the Schedule and Annexure "A" giving full details of deviations. The Firms who have not in the past supplied the items or similar items tendered for in this case to the North Eastern Railway, shall give details of supplies of the same or similar items made to other Railways or D.G.S. and D. in the attached Annexure 'B'. 4.06 4.07 4.08 4.09. Tenderers must keep their offers open for acceptance for a period of 120 days from the date of opening of the tender except for non-ferrous metals for which the offers should be valid for at least 7 days. The tender cannot be withdrawn before the expiry of the aforesaid period. 4.10. Agents must submit a letter of authority from manufacturers that they have been authorised to quote on their behalf. The tender is liable to be ignored if the letter of authority is not submitted along with the offer. 4.11. Each page of the offer must be numbered consecutively, bear the Tender No. and Signature of Tenderer Address Page 16 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 should be signed by the tenderer. Reference to the total number of pages comprising the offer for each item must be made at the top of the right hand corner. 4.12. The tenderers must ensure that the conditions laid down for submission of offers are completely and correctly fulfilled. 4.13. In the event of this tender being submitted by a firm it must be signed by at least one of the partners of the said firm indicating, clearly that the tender is on behalf of the firm. Where tenderer is a company registered under the Company's act, the tender shall be submitted in the manner as provided in the Company's Articles of Association. Tenders which are not complete in all details as stipulated above may be summarily rejected. No separate communication bearing on the tender may be addressed by the Tend erer to the Principal Chief Engineer N.E. Railway, Gorakhpur or any other officer and all explanatory remarks which the tenderer may desire to make must be recorded in the offer form failing which such remarks will be ignored and the tender will be dealt with as it stands. 5. CONDITIONS OF CONTRACTS 4.14. 4.15. 5.01. 5.02 I.RS. Standard Conditions of Contract for Stores as current on the date of tender (at present being "Appendix Ill-Standard Condition of Contract Revised 1986" of Indian Railway Code for the Stores Department and Appendix IV also pertaining to "Additional Special Conditions for Running Contract." For arbitration please see para 5.02) subject to modifications or supplementary instructions and sub ject to special conditions of contract laid down hereinafter shall govern the contract. Tenders shall be deemed to have offered their quotations after acquainting themselves with these conditions and agreeing to abide by them in case their tender is accepted. Arbitrations: (a) In the event of any question, dispute or difference arising under these conditions/any special conditions of contract or in connection with this contract (except as to any matters the decision of which is specially provided for by these or the special conditions, the same shall be reference to the sole arbitration of a person appointed to be the' arbitrator, by the General Manager in the case of contracts entered into by the Zonal Railways and Production Units, by any member/any Additional member of the Railway Board in the case of contracts entered into by the Rly. Board and by the Head of the Organisation in respect of contracts entered into by other Organisation under the Ministry of Rlys. If however the arbitrator is a Railway servant, he 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 as Railway Servants Signature of Tenderer Address Page 17 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 have expressed views on or all any of the matters under dispute or difference. The award of the arbitrator shall be final and binding on the parties to the Contract. (b) In the event of the arbitrator dying, neglecting or refusing to act, or resigning or being unable to act for any reason or his award being set aside by the Court for any reason it shall lawful be for the authority appointing the arbitrator to appoint to another arbitrator in place of the out going arbitrator in the manner aforesaid. (c) 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. (d) The arbitrator may from time to time with the consent of all the parties to the contract enlarge the time for making the award. (e) 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. (f) Subject as aforesaid, the Arbitration Act, 1940 and the rules there under and any statutory modification thereof for the time being enforce shall be deemed to apply to the arbitration proceedings under this clause. (g) Works under the contract shall if reasonable possible continue during the arbitration proceedings and no payment due to or payable by the purchaser shall be withheld on account such proceedings. (h) The venue of arbitration shall be the place from which the acceptance note is issued or such other place as the arbitrator at this discretion may determine. (i) 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. 6. PRICE QUOTATION AND DELIVERY 6.01. 6.02. 6.03. 6.04. 6.05. 6.06. Price quotation should be on the basis of F.O.R. Station of Despatch or Destination Station in India. NOTE: Delivery in our Kolkata Office is not acceptable. In the case of F.O.R. quotations for imported Stores/ Materials, the manufacturers are required to give an undertaking that preference will be given to Indian Shipping Lines for transport of the consignments. Firm prices without any provision for variation will ordinarily be preferred. If tenderers want to give quotations with a price variation clause they may do so but should also quote alternative firm price without any provision for variation. The Tenderers should quote their lowest possible prices and it should be noted that their quotations will not ordinarily be subject to further negotiations. Negotiation may be held with the valid lowest tenderer for reduction of rates and withdrawal of unusual condition having no financial implication. All rates should be clearly written both in figures and words. Failure to write rates in words is liable to lead to rejection of the tender. All alterations/corrections in rate should be duly attested under full signature of the tenderer or his authorised representative. The rates should be inclusive of all taxes except sales tax. Sales tax if any should be shown separately from the price quoted. Where this is not done all claims for payments or reimbursement of sales tax of any description what -so-ever shall be Signature of Tenderer Address Page 18 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 deemed to have been waived and no such claim shall be entertained on any ground what-so-ever. Where sales tax has been claimed in the quotation and shown as payable on the purchase order, payment of sales tax will be made by the Financial Adviser and Chief Accounts Officer, only on furnishing the following certificate on the bills: "Certified that the sales tax as claimed in this bill is legally payable by us and will be paid by us to the sales tax authorities. Our sales tax Registration No." 6.07. In case where the rates include duties or taxes that may be levied by local body, State or Central Government and the tenderer stipulates price variation account of statutory increase thereof, the percentage of each which has been taken into consideration in the build up of the price quoted, should invariably be stated in the tender. Failure to give the build up of the prices may lead to rejection of claims for increases, later on any ground what-so-ever. While submitting bills for items where prices include government duties like customs duty, excise duty etc. the Contractors have to certify that they have actually paid the duties claimed by them in the cost of the items billed for. 6.08. When offering in pointed stores, the country of origin should invariably be stated. 6.09. Metal Variation Clause: 6.09.1. In the case of offers for the supply of nonferrous metals and materials having substantial use of them the Tenderers, in their quotations should clearly indicate the prices for metal. viz, Copper, Lead etc, on which their prices are based, thus Copper per long time Lead """ 6.09.2. The Tenderers should indicate in their tender the rate of variation in the price of the article for every Pound Sterling per ton. rise or fall of the prices for Copper, Lead etc. They should also indicate the content (net weight) of Copper, Lead etc. per unit quantity of article. 6.09.3. Variation in the prices on the above metal rates can be allowed on the basis of average of the two cash prices as published in the daily commercial report of Messrs. Bagot Thomson. London ruling on the London Metal Market for the morning session of the day following the date on which intimation of acceptance of their tender is received by their Principals which shall be with a seven days from the date of receipt of acceptance of the tender by the suc cessful tenderer, i.e., the metal shall be booked by their Principals within, seven days from the date of receipt of acceptance of the tender by the successful tenderer in India. 6.09.4. If the change in the F.O.B. price on account of variation in the metal rates involves a difference in the customs duty paid, the difference as worked out on the change in the F.O.B. price will be added to or deducted from the rates quoted. 6.09.5. The rate of variation should be related to the variation in the price of the metals and no other element would be admissible. 6.10. "In case of offers where Material Price Escalation Clause is involved, tenderers in their quotation should clearly indicate the breakup of their rates quoted and in case of any subsequent variations all claims against 'Material Price Escalation Clause will be verified by the F A & CAO/N. E. Rly, with reference to firms record apart from the certificates issued by the firm's auditors and the tenderers will have to produce complete records whenever called for Examination/Verification of their claims under escalation. Signature of Tenderer Address Page 19 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 6.11. Packing and Forwarding Charges - Tenderers should furnish the specific amount towards packing and forwarding charges wherever claimed and not stipulate Packing and Forwarding Charges Extra. Tenderers are advised in their own interest to mention specifically the exact amount towards packing and forwarding charges claimed, wherever applicable in the tender, as otherwise, such incomplete or vague tenders are liable to be over looked. 6.12. Town Duty:- Octroi and Terminal Tax Exemption for Government Materials : The Government materials issued to successful tenderer free of cost for fabrication purposes are exempted from payment of Municipal and other local taxes, under Article 285 of the constitution. Quotation for cost of fabrication submitted by tenderers should not therefore include any such taxes. Octroi exemption certificate where necessary will be issued of applications, for presentation on the Municipal authorities to reject of stores which are supplied to the Railway. The Contractors should make sure that such stores being intended for or bye laws framed there under. Should any Municipality insist on payment of such taxes or duty, the same should be paid by the successful tenderer to avoid delay in supply and demurrage charges, if any. The receipt obtained for such payment should then be forwarded together with a copy of the relevant Acts and Bye- laws of the Municipality concerned to enable the Railway to take up the matter with the Municipality for refund if admissible under the Act or the rules of the Municipality concerned. 6.13. Tenders for Fragile Articles:-In the case of fragile articles like glass, porcelain etc, quotations for supply "F.O.R" Destinations station are preferred. If, however, this is not possible the Tenderers may quote for supply "F. O. R" despatching station. But the consignment should be well packed and booked at Railway Risk and by paying additional percentage charges in the manner prescribed in the (IRCA Coaching or Goods Tariff where articles in the category of "Excepted Articles" and their value exceeds the prescribed limits. The cases should also have "Glass with Care" labels pasted on all the six sides and bound securely. The rates quoted should include cost of all packing and forwarding charges as above. 6.14. Prices:- The prices stated are to include all cost of stamping, painting, marking protection or preservation of the stores and any claim what so over that may arise from the manufacturer, packing or, delivery of stores in accordance with these conditions and the specification. In the case of imported stores the price quoted shall provided or and include payment by the Contractor of Dock and Harbour due and port charges. 6.15. Tenderers should include the exchange rates applicable in their offers. 6.16. Transit Insurance: 6.16.1. The purchaser will not pay separately for transit insurance and the supplier will be responsible unless the entire stores contracted for arrive in good condition at destination Tenders/quotations in which transit insurance has been specified as an additional item of expenditure are liable to be ignored. 6.16.2. In the case of imported stores, transit insurance should be made only through the Life Insurance Corporation of India. Payment of such insurance would only be made in rupees. The foreign exchange remittance should therefore, exclude the insurance charges. The insurance charge should be indicated separately. 6.17. Manufacturer's Discount :- As the stores are required for the Railway Workshops the tenderers are requested to indicate whether they allow any Manufacturers Signature of Tenderer Address Page 20 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 6.18. 6.19. Discount and if so, the percentage should be clearly in the offer. Clause 0300 of I. R. S. Conditions of Contract is reproduced below: "0300 quotations of rates by contractors : (a) The price quoted by the contractor shall not be greater than ceiling' price fixed by the Government for the stores, where there is not ceiling save for special reasons stating in the tender be greater than the price usually charged by the Contractor for stores of the same nature, class or desperation to a price purchaser. (b) If it is discovered that the contractor has contravened the above condition, then without prejudice to any other action which might be taken against him, it shall be lawful for the purchaser (i) to revise the price at any stage as to bring it in conformity with sub clause (a) above or (ii) to terminate the contract and forfeit the security deposit. . In terms of the above clause the Tenderer/Supplier would certify that the rates quoted or not more then what they usually charge for the store of the same nature, class or description. Warranty clause: (1)”Warranty"- Sellers/Contractor shall warrant that everything to be furnished hereunder shall be free from all defects and faults in material workmanship and manufacture and shall be of the type orders grade and consistent with the established and generally accepted standards for material of the type ordered and in full conformity with the contract specifications, drawings of samples, if any and shall if operable operate properly. (2) This warranty shall survive inspection of, payment for and acceptance of the goods, but shall expire 24 months after their delivery at ultimate destination in India or 18 months from the date of placing in service at ultimate destination in India which ever shall be earlier except in respect of complaints defects and/or claims notified to the Sellers / Contractor within 2/3 months of such date. Any approval or acceptance by the Buyer of the store or the materials incorporated here in shall not in any way limit the Seller's /Contractor's liability. *To be modified according to nature of stores being purchased. (3) The Seller's/Contractor's liability in this respect of any complaints, defects and/or claim shall be limited to the furnishing and installation of replacement or parts free of any charge, or the repair of defective parts only to the extent that such replacements or repairs are attributable to or arise faulty workmanship or material or the design in the manufacture of the stores provided defects are brought to the notice of Sellers/ Contractor within 2/3 months of their being first discovered during the guarantee period and 2/3 months from the date of expiry of warranty period or at the option of the Buyer to the payment of the value expenditure and damages as hereafter mentioned. **Specific period should be mentioned according to nature of stores purchased. (4) The Sellers/Contractor shall if required replace or repair the goods or such portion thereof as is rejected by the Buyer free of cost at the ultimate destination or at the option of the Buyer the Sellers/ Contractor shall pay to the Buyer value thereof at the Contract price and such other expenditure and damages as may arise by reason of the breach of the condition herein, specified. (5) All replacements and repairs the Buyers shall call upon the Sellers/Contractors to deliver or perform under this warranty shall be delivered and performed by one Seller/Contractor within ……. months, (promptly and satisfactorily). If the Signature of Tenderer Address Page 21 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 Sellers/Contractor so desire/desires, the replaced parts can be cases over by them/him or their/his representative in India for disposal as they/he deem/deems fit within a period of three months from the date of replacement of goods/parts. At the expiry of this period, no claim what-so-ever, shall lie on the buyer. (6) The warranty herein contained shall not apply to any material which shall have been repaired or altered by the Buyer, or on his behalf in any way without the consent of the Sellers/Contractor so as to effect its strength, performance or reliability, or to any defect to any part due to, misuse, negligence of accident. (7) The decision of the "Buyer in regard to Sellers/Contractor's liability and the amount, if any payable under this warranty, shall be final and conclusive. *Designation of competent Officer to be shown. It shall be a condition of the guarantee that any defects complained of shall be brought to the Contractor': notice within a reasonable time of their being first discovered. The guarantee herein contained shall not apply to any material which shall have been repaired or altered by the Purchaser, or on his behalf in any way so as to effect its strength performance or reliability, or to any defect to any part due to misuse, negligence or accident The guarantee herein contained shall expire in respect of each equipments/stores on the expiry of 24 months from the date of its delivery in India or 18 months from the date of its placing in service whichever is earlier, except in respect of defects notified to the Contractor prior to the expiry of such date. All replacement and repairs that the purchasers call upon the contractor to deliver or perform under his guarantee shall be delivered and performed by the contractor promptly and satisfactorily. All approval or acceptance by the Purchaser of the equipment or of the materials incorporated therein shall not in any way limit the Contractor's liability here under. The decision of the purchaser in regard to Contractor's liability under this guarantee shall be final and conclusive. 7. SAMPLES 7.01. 7.02 8.01 Submission of Samples:-Tenderers are required to submit samples only when asked to do so and sufficiently in advance so as to reach the office of the Principal Chief Engineer, N. E. Railway by the opening date. Failure to do so is liable to result in other Offers being not considered. Samples booked "Freight to pay” will not be accepted. Return of Samples:-If samples are required to return, in case the tender is not accepted this must be clearly stated in the tender form failing which it will be presumed that the sample is not required to be returned. Samples required to be returned will be booked freight to pay at public tariff rate. Where material is required to conform to a particular specification, tenderers must guarantee that the supply offered will be up to the specification. Samples submitted with tenders are not tested and sub mission of a sample or quotation of a brand or make will not absolve the tender form the responsibilities arising out of rejection of supplies which when tested prove to be not to approved specification. The Tenderers shall furnish a Test Certificate from the Government Test House or other recognised Signature of Tenderer Address Page 22 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 Test House regarding the quality of material/stores offered to supply if called upon to do so. When the sample submitted or offer made is not exactly to the required specification, the offer must be made with the following remarks: "COUNTER OFFER" (IN BLOCK LETTERS) indicating in what respects the offer differ from the specification, failing which it will be assumed that the offer is exactly to the description and specification as tendered for. Complete description including reference to the specification must be given by the tenderer in his quotation in the description column. Even if he fails to quote reference to specification, it will be assumed that the material offered is to specification Tenderers should not send quotations with the remarks, "similar to that supplied against order No. 9. ISSUE OF ESSENTIALITY CERTIFICATE FOR STEEL 9.01. 9.02. Notice to Tenders. No Essentiality Certificate for steel will now be issued according to the received Distributors policy of steel. Tenderers will have to make their own arrangements for steel. Where any raw materials for the execution of the contract are procured with the assistance of Railway Administration either by issue from Government stocks or purchase under arrangements made on permit(s) or license(s) issued by Government, the Contractor shall hold the said materials as trustee for Railway Administration and use such materials economically and safely for the purpose of the contract against which they rate issued and not dispose of them without permission in writing and if required shall return, all surplus or unserviceable materials that may be let with him after the completion of the contract or at its termination for any reason what-so-ever, on his being paid such price as Government may it with due regard to the condition of the material. The freight charges for the return of the materials according to the directions of the purchase shall be borne by the Contractor in the event of the contract being cancelled for any default on his part. The decision of purchase shall be final and conclusive. In the event of a breach of the aforesaid conditions, the Contractors shall in addition to make himself liable to action for contravention of terms of the license(s) or the permit(s) and/or for criminal breach of trust be liable to account to Railway Administration for all moneys, advantages or profits resulting or which in the usual course would have resulted to him by reason of such breach. 10. FABRICATION CONTRACTS 10.01 Where quotations are called for fabrication charges only i.e., raw materials to be supplied by the railway, the raw materials will be supplied to the successful tenderer after he has deposited the value thereof with the Railway. This value will be intimated to the successful tenderer and he will have to deposit the amount with the Financial Adviser & Chief Accounts Officer of the Railway on receipts of intimation of acceptance of quotations and the amount will be refunded to him on the satisfactory completions of the contract. Fabrication charges quoted by the tenderer should include transport charges for carrying of raw materials from the Stores Depots to the tenderer's place of business and also for the fabricated material from the place of business of the tenderer to the station of despatch. 11. IMPORT LICENCE 11.01 Normally offers not subject to issue of Import License are preferred. Tenderers should note that the Railway Administration does not undertake to grant the import Signature of Tenderer Address Page 23 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 ", or license where is may be required. It may, however, consider a request by the successful Tenderer for recommendation of his application for the grant of an Import License of the Chief Controller of Imports and Exports in suitable case. 11.02 Where the firms require such assistance they must quote the C.I.F. Value and also indicate the particulars of foreign manufacturers/suppliers. In case it is proposed to supply stores partly imported and partly manufactured in India, they should clearly indicate in the tender full details of the components which are: proposed to be imported along with the C.I.F. price. In the case of banned category of stores, the Railway will not recommend issue of Import License. 11.03 Assistance for import License for the required amount of foreign exchange will be given on the condition that the tenderer will ensure supply of the equivalent quantity of imported stores in sound condition to the consignee at destination. The Railway Administration shall not assist the supplier with additional foreign exchange for any breakage or loss in transit before or after landing. The Tenderer shall be responsible for ensuring that the full quantity of the imported stores for the Import License as originally issued is made available to the consignee and no wastage of foreign exchange once released occurs. The supplier may take such steps as deemed necessary to ensure this. 11.04 Tenderers who offer imposed stores should clearly state the rate or customs duty claimed by them in their quotation. They would be responsible for the correctness of the rates at which the customs duty is charged in their quotation. No increase in price will be allowed on the ground that the rate of customs duty originally included in their quotations was not correct. Variation, however, on account of the statutory change in the rate of customs duty will be allowed where admissible. At the time of submission of bill, the Tenderer will have to certify that he has actually paid the customs duty claimed in the bill. In case a concessional rate of duty is levied when clearing the consignment at the port, they should refund the difference between the normal duty payable and that actually paid by them at the concessional rate of duty. 11.05 The Tenderers should clearly state the current import trade schedule number under which the imported goods fall regarding issuer of Import License. 11.06 Tenderers who offer imported stores should not include ele ment on account of War Risk Insurance. Should such insurance become necessary at the time of despatch of stores from foreign country, they should approach the Purchaser and obtain his confirmation giving the circumstances justifying the need for War Risk Insurance. 11.07 Successful Tenderer will be required to apply to the appropriate Government Authority for grant of Import License within 7 days of the receipt of the Acceptance of Tender. 12. TENDERS FOR EQUIPMENT 12.01 Acceptance of tenders for supply of equipment is subject to Tenderer certifying that he has adequate serving and spare parts facilities in India in respect of the equipment tendered for by him or that he shall arrange to provide such facilities simultaneously with the supply of equipment. Tenderer should also indicate that supplies of all necessary maintenance equipment and spare parts will be made available for the normal life of the machines on a continuous basis. Signature of Tenderer Address Page 24 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 13. TENDERS FROM COTTAGE AND SMALL SCALE INDUSTRY UNITS 13.01. Firms quoting for products of cottage and small scale industry should prominently stamp the tender with the following inscription "Product of Cottage/Small Scale Industry”. Further they must also give their registration number. If the store to be purchased is exclusively reserved for procurement from Small Scale Units, it will be clearly indicated in the Schedule. 14. I. S. I. CERTIFICATION MARK 14.01. Firms quoting for supply of stores bearing I. S. I. Certification Mark should indicate this fact in their tender. 15. RISK PURCHASE AT THE COST OF DEFAULTING CONTRACTORS 15.01 A special remark will appear against the items of stores which are being purchased at the risk and cost of defaulting Contractors. The defaulting Contractors may also submit their offer for such items which will be considered. They will, however, be required to furnish a security as a safeguard against a further default. 16. TRANSFER OR SUBLETTING 16.01. The Contractor can sublet a portion of the contract as may be customary in the trade concerned, He shall, however, be entirely responsible for the work executed by the sub-contractors, if any, to the entire satisfaction of the inspection organisation nominated by the Purchaser. 17. ALTERATIONS 17.01 The Purchaser or his nominee may require such alterations to be made in the drawing specifications etc., for the stores materials to be supplied, during the progress of the contract as he deems necessary. Should these alterations be such that either party to the contract considers an alteration in price justified, such alteration shall not be carried out until revised prices have been submitted by the contractors and accepted by the purchaser. Should the Contractor proceed to manufacture such stores without obtaining the consent in writing of the purchaser to revised price, he shall be deemed to have agreed to supply the stores at such price as may be considered reasonable by the Purchaser. 18. PLACE OF MANUFACTURE 18.01 The stores shall be made at the place named in the quotation or at such other place or places as may be approved by the Purchaser or his nominee. 19. PRICE PREFERENCE FOR EARLIER DELIVERY 19.01 It should be noted that if an order is placed on a tenderer whose quotations are higher. In preference to the lowest acceptable offer in considerable of promise for earlier delivery, the Contractor will be liable to pay the Purchaser the difference between the contract rate and the rate quoted by the lowest acceptable Tenderer on the basis of final Signature of Tenderer Address Page 25 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 price F. O. R. destination including all elements of freight sales tax duties and other incidentals, in case of failure to complete supplies within the date of delivery specified in the tender and incorporated in the contract. Their without prejudice to other rights under the terms of the agreement. 20. DELIVERIES 20.01 The tenderers should indicate the details of the schedule of delivery keeping in view their present commitments. The time and rate of delivery or despatch stipulated in the said schedule shall be deemed to be the essence of the contract. Note: All supplies offered for immediate or ex-stock delivery must be delivered or despatched within 7 days of communication of acceptance. . 20.02 In the case of late supplies, the request for extension of delivery period explaining the reasons for late delivery should be made to the authority issuing the order for this consideration and orders failing which supplies are liable to be rejected and the action will be taken as stipulated in the conditions of contract. 21. RESPONSIBILITY OF THE CONTRACTOR 21.01 In the case of contract stipulating delivery F. O. R. Station of destination:- In such cases Contractor is responsible to tender the required number or quantity of articles ordered complete and in good condition to the Consignee at the station of destinatio n. Delivery can be said to be complete only when the goods reach the destination station in full and in good condition. The Contractor is, therefore, liable in such cases for any loss or damage that may occur in transit and to make good the same by replacement free of charge at destination or accept deduction from his bill for the quantity lost or damaged in transit. 22. INCOME TAX CLEARANCE CERTIFICATE Tenderers not borne on the approved list of supplies maintained by the Railway should submit along with their tenders an Income Tax Clearance Certificate duly countersigned by the Income Tax Officer of the circle concerned under the seal of his office. Failure to produce the required certificate will lead to their offer being ignored. 23. CAPACITY OF THE FIRM 23.01 Firms who have not executed any orders placed by the N. E. Railway for similar materials which they now offer to supply should submit a proof of their capability to execute the contract. The following informations should be given in addition to the performance statement at Annexure "B": (a) Location of the Workshop or Factory. (b) The name of the Works Manager or Factory Incharge, his technical and other qualifications and experienced. (c) Details of machines in the Workshop or Factory stating the number of each machine. (d) Testing facilities available in the Workshop or Factory to ensure correct supply. (e) The information whether they have been included in the approved list of Contractors maintained by D.G.S. & D. or Ministry of Defence. If so, the letter Signature of Tenderer Address Page 26 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 24. 25.01 25.02 25.03 25.04 26.01 No. and date should be quoted and a copy furnished. All Tenderers should give specific answers against each of the questions given in Annexure "A" which shall accompany the tender. Failure to give this information will lead to their offers being ignored. 25. EARNEST MONEY Earnest Money as specified in the schedule should be deposited by the firms which are not on the approved list of the N. E. Railway for the particular group of item either in: Cash. Bank Documents in shape of Deposit Receipts, Demand Drafts, etc., of the State Bank of India. Earnest money executed by Scheduled Bank with the Financial Adviser & Chief Accounts Officer, North Eastern Railway, Gorakhpur : With each tender the receipt for the earnest money deposited, must be attached, failing which tenders are liable to be ignored. This earnest money will be returned to the unsuccessful Tenderers. In the case of successful Tenderers this earnest money will be adjusted towards the security deposit. No money or cheques, etc., should be enclosed with the tender and the Principal Chief Engineer, North Eastern Railway will not be responsible for the amount so sent. No interest will be allowed on the earnest money. Exemption from furnishing the earnest money:- No earnest money will be required to be deposited by Zonal Railways and Government Departments. Small Scale Industrial Units registered by N. S. I. Corporation and the firms borne on the Railway's list of approved suppliers or registered with D. G. S. & D. also exempted from depositing earnest money deposit provided they quote for the items for which they are registered. Failure to deposits E. M. along with the tenders by the tenderers who are not otherwise exempted may lead to rejection of their offers. The para 2.1 of earnest money may be seen in special condition part-A. 26. ADDRESS OF THE FIRMS On each tender form the Tenderers must clearly indicate the firm's names and addresses and Telegraphic Address, if any. 27. LAST DATE OF RECEIPT OF TENDERS 27.01 Offers should reach in the office of Principal Chief Engineer, North Eastern Railway, Gorakhpur not latest than 14:30 hrs. of the last date mentioned in the schedule. Tenderers submitting their quotations by post are advised to post their tenders in such a way that sufficient margin of time is allowed for transit and delivery. 28. OPENING OF TENDERS 28.01 Tenders will be opened in the presence of such of the Tenderers representatives as may like to be present at 15.00 hrs on the last date of receipt mentioned in the schedule. 29. ACCEPTANCE OF OFFERS 29.01 The purchaser does not bind himself to accept the lowest or any tender, or to assign any reason or non acceptance. He also reserves to himself the right to accept any tender in part or in whole. No correspondence will be entertained with the Tenderers in respect of the rejection of any or all of the tenders. 29.02 Acceptance of the tender will be communicated by telegram, express letter or formal purchase order. In cases where acceptance is communicated by telegram or letter, the Signature of Tenderer Address Page 27 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 purchase order will be forwarded to the firm as soon as possible but the telegram or letter should be deemed to conclude the contract. 29.03 The purchase orders will be forwarded to the firms by registered post. The date of receipt of communication of acceptance as defined in sub-para 29.02 above by the firm or 7 days after issuing/posting which open date is earlier will be taken as the date for reckoning the delivery period. 30. INTERVIEWS 30.01 Hours of interv iew to firm's representatives with officers of Engineering: Interview to firm's representative will be granted as under: Days Timings Monday, Wednesday ... 12.00 hours to 13.00 hours. Thursday ... 15.30 hours to 16.00 hours Interview on other days will be allowed with prior appointment. 31. SECURITY DEPOSIT 31.01. The successful tenderer will be required to deposit security deposit, wherever applicable, @ 10% of the value of stores tendered for subject to maximum of Rs.10 lakhs for contract valuing up to Rs.10 Crores and Rs.20 lakhs for contracts valuing above Rs.10 crores, for the due fulfillment of the Contract within 14 days of issue of the letter of the acceptance failing which the earnest money deposit in terms of Clause 25 shall be forfeited. Para 2.2 of special condition part-A may be seen. 31.02. The Security may be Bank Deposit Receipt of the State Bank of India and Demand Drafts on the State Bank of India. Demand Draft and Bank Deposit Receipts from the following nationalised banks: (1) Central Bank of India (2) Bank of India (3) Punjab National Bank (4) Bank of Baroda (5) United Commercial Bank (6) Canara Bank (7) United Bank of India (8) Dena Bank (9) Syndicate Bank (10) Union Bank of India (11) Allahabad Bank (12) Indian Bank (13) Bank of Maharashtra (14) Indian Overseas Bank (Demand Drafts and Deposit Receipts from other Scheduled Bank can also be accepted as security deposit without any confirmatory advice from the Reserve Bank of India). Cash, Money Order, Bank Deposit Receipts of the State Bank of India. Demand Drafts on the State Bank of India, bank deposit receipt, and demand draft on:(1) State Bank of India Signature of Tenderer Address Page 28 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 (2) Central Bank of India (3) Bank of India (4) Punjab National Bank (5) Bank of Baroda (6) United Commercial Bank (7) Canara Bank (8) United Bank of India (9) Dena Bank (10) Syndicate Bank (11) Union Bank of India (12) Allahabad Bank (13) Indian Bank (14) Bank of Maharastra (15) Indian Overseas Bank 32. INSPECTION OF STORES 32.01. All articles ordered are subject to approval and inspection by the Purchaser or any other Offices of the Railway or other Railways or firm or department or by the Directorate General of Suppliers & Disposals (Inspection Branch) or as may be otherwise necessary as nominated by the Purchaser in the purchase order. No appeal against any such inspection will be entertained. Supplies not in accordance with the order will be rejected and the decision of the Officer nominated by the Purchaser shall be final. 33. PROGRESS REPORTS 33.01 The Contractor shall supply such reports as to the progress of the contract and in such a form as may be called for by the Purchaser or his nominee. Submission and acceptance of these reports shall not prejudice the rights of the Purchaser in any manner. 34. TOLERANCE IN QUANTITY TO BE SUPPLIED 34.01 If the contractor has any difficulty in supplying the exact quantity ordered on account of the manufacturing or other valid reasons, he will be allowed to vary the quantity plus or minus to maximum extent of 5% at the discretion of the Purchaser Any excess more than this limit supplied without the Purchaser's agreement is liable to be returned to the contractor at his risk and cost and the freight thereon both direction will be recovered from him at the Public Tariff Rate. 35. INSTRUCTIONS FOR DESPATCH Unless otherwise specified the following instructions are to be followed for despatch of stores: 35.01 All consignments weighing up to and including 1 Kg. should be despaired by Parcel Post. 35.02 All consignments weighing up to and including 2 Quintals should be despatched by Passenger train. 35.03 All consignments weighing above 2 Quintals should be despatched by Goods Train. 35.04 Firms are required to indicate in the forwarding notes submitted to the booking authorities at despatching stations for the despatch of heavy consignments such as Signature of Tenderer Address Page 29 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 machinery and plant, steel requiring crane handling that the consignment was loaded by crane and request the Booking Clerks to endorse similar remarks on the Ra ilway Receipts to enable the Consignee to arrange for a crane in advance of the receipt of the consignment and save detention of wagons and demurrage charges. 36. TESTING OF SAMPLES AND SUPPLIES The charges incurred in testing stores supplied or samples called for will be borne by the Railway Administration or debited to the firm/Suppliers, as detailed below: 36.01. Test charges on Stores obtained for stock purposes:- If the material obtained for stock purposes is tested and found suitable the test charges shall be borne by the Railway. If found unsuitable they will be debited to the firm. 36.02. Test charges on non-stock materials:- The charges will be borne by the Railway if the material is found suitable and if found unsuitable, the charges will be debited to the firm. 36.03. Test charges on Stores obtained for trial purpose:- In the case of samples called for test by the Railway, the test charges shall be borne by the Railway, irrespective of whether the stores are found suitable or not. If, on the other hand, samples are sent by firms for test without any request from the Railway, the test charges will be debited to the firms, irrespective of whether they are found suitable or not. 36.04. Test charges on samples called for in connection with tender: 36.04.1 Samples should not be submitted by firms unless specifically called for. 36.04.2 In the case of samples sent by firms items for which specification exist, the test charges shall be debited to the firms, irrespective of whether the samples are suitable or not. 36.04.3 In the case of samples called for test against items for which no specifications exist the test charges shall be borne by the Railway, irrespective of whether the samples are found suitable or not. 36.05 Test charges for re -inspection of Stores passed by the D. G. S. & D. Inspectorates:- The charges will be borne by the Railway whether the materials are found suitable on test or not, unless there is any agreement to the contrary. 37. REJECTED SUPPLIES 37.01 In case supplies, are rejected the rejected articles should be removed within 14 days from the date of issue of Rejection Memo., failing which the Railway's responsibilities in regard to the safe custody of rejected stores will cease and after that time they will remain at the entire risk of the supplier and if not removed before a further period of 7 days, ground rent will be charged at the following rates: (i) Rs. 1.75 per day or part of a day of the articles weighing up to 250 Kgs. (ii) Rs. 1.75 per 250 Kgs. or part of 250 Kgs. per day or part of a day for the articles weighing above 250 Kgs. 37.02. When stores that have been despatched by rail are rejected, the following procedure should be adopted: (a) The supplier may take back the rejected goods either at the station where they are rejected or at the station from which they were sent. (b) The supplier shall pay packing and forwarding charges on actual basis in addition to the carriage charges on rejected consignment at public tariff rates, from station where they are rejected. If he elects to take back the goods at the station from which they were despatched the goods will be booked to them "freight to pay at public tariff rates" and an additional charges of 0.50 paise for labour, etc., will be received from Signature of Tenderer Address Page 30 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 the firm. 37.03 Acceptance of Stores despatched after the expiry of Delivery Period by the Consignee:- In addition to the terms and conditions contained in the IRS conditions of contract, the contract would also be governed by the following special conditions: 1. In cases where only a portion of the stores ordered is tendered for inspection at the fag end of the delivery period and also in cases where inspection is not completed in respect of the portion of the stores tendered for inspection during the delivery period the purchaser reserve the right to cancel the balance quantity not tendered for inspection within the delivery period fixed in the contract at the risk and expense of the contractor without any further reference to him. If the stores tendered for inspection during or at the fag end of the delivery period are not found acceptable after carrying out the inspection the 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 the inspection are found acceptable the Purchaser may grant an extension of the delivery period subject to the following conditions: (a) That the Purchaser has the right to recover from the contractor under the provision of Clause 0702 (a) of IRS conditions of contract liquidated damages on the stores which the Contractor has failed to deliver within the period fixed for delivery. (b) That no increase in price on account of any statutory increase in or fresh imposition of customs duty, Excise Duty, Sales Tax or on account of any other tax or duty leviable in respect of the stores specified in the contract which takes place after the date of the delivery period stipulated in the contract shall be admissible on such of the said stores as are delivered after the date of the delivery stipulated in the contract. (c) That notwithstanding any stipulation in the contract for increase in price on any other ground no such increase which takes place after the date of the delivery stipulated in the contract shall be admissible on such of the said stores as are delivered after the expiry of the delivery period stipulated in the contract. (d) 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, Sales Tax are on account of any other tax on duty or on any other grounds is stipulated in the price variation clause which takes place after the expiry of the date of delivery stipulated in the contract. 37.03.1.The contractor shall not despatch the stores till such time as an extension in terms of para 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) set out in paragraph 1 above. 37.03.2 In cases 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 in the delivery period the same would be subject to conditions (a) mentioned in paragraph 1 above. 38. RECOVERY OF THE DUES OF THE RAILWAY 38.01 In the event of the supplier causing loss to the Administration through fraud, negligence, or any other action (direct or contributory) or failing to pay on demand to the Railway any money which may be liable to pay under or by virtue of the conditions of contract or by law, the Railway shall be at liberty to appropriate to the Signature of Tenderer Address Page 31 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 payment of such moneys either the whole of the deposit or so much thereof as may be necessary to satisfy its claim and the supplier shall pay forthwith to the Railway such sums of money as may be required to replace the amount so appropriated by the Railway. If there is no deposit or the deposit amount be insufficient to pay the whole of such moneys due by the supplier, it shall be lawful for the Railway to recover any such balance by deducting the same from any moneys then due or which become due by the Railway to the supplier under or by virtue of this or any other contract or otherwise or by instituting proceedings against the supplier. Signature of Tenderer Address Page 32 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 Para 4.07 ANNEXURE "A" QUESTIONNAIRE Tenderers must give specific answers against such of the following questions: 1. Whether stores offered conform to particulars quoted in on the schedule if not, details of deviations must be stated here. 2. (i) Brand. (ii) Name and address of manufacturer. (iii) Station of manufacturer. 3. Guarantee: date by which delivery can be completed 4. Packing that is proposed to be employed 5. Whether sample has been submitted. 6. Gross weight of the consignment and net weight of each item. 7. Stocks in hand at the time of submission of the offer: (a) Held by us ........................ (b) Held by our manufacturers over which we have secured an option. 8. Stocks enroute to India. 9. If the stores offered are manufactured in Ind ia, whether all the raw materials, components etc., used in manufacturer are also produced in India. If not, details of materials, components, etc., that are imported and the countries of origin and approximate cost of stores should be given. 10. Whether sufficient stock of raw materials in available for the manufacture. If not, to what extent it is available. Signature of Tenderer Address Page 33 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 Para 4.08 Performance Statement ANNEXURE "B" To be filled by all firms who are not registered with the Railway for the particular group of stores tendered for. S. No. Auth. who Order no.DescriptionQty. placed the and date of store contract Consignee’ s Value Due date of delivery Date of Delay in Reasons for Supply of supply delay material if any Remarks name Signature of Tenderer Address Page 34 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 PART -II INSTRUCTIONS TO CONTRACTORS FOR PREPARATION OF STORES BILLS GENERAL 1. As far as possible the bills should be prepared only on the prescribed form supplied by the Railway which can be obtained from the office of the Controller of Stores, N. E. Railway, Gorakhpur on payment at the rate of Rs. 100/- per thousand. 2. Where the Contractors choose to prefer the bill on their own forms, they must take care to furnish, the following information to the extent applicable. 2.01. The name of Contractor in accordance with the purchase order, 2.02. The reference number of the purchase order and date, 2.03. The reference number of the Receipt Note or T. R. Note and date (granted by the consignee in acknowledgement of the receipt of stores), 2.04. The item number with full description of the stores in accordance with the purchase order 2.05. The unit of stores as given in the purchase order, i.e. tons, quintals, kilograms or No., 2.06. The quantity supplied separately for each item of the purchase order, 2.07. The rate for each items as given in the purchase order (incorporating amendments if any, in the rate or quantity or description of the material together with the authority for amendment). 2.08. The amount billed for, both in words and figures, 2.09. The extra charges strictly in accordance with the purchase order, 2.10. The reference number of the Railway, Receipt or P. W. Bill and date and the Consignee's name and 2.11. The acknowledgement of the receipt of payment, Note: A proforma bill is given at the end of this part. 3. The bill should be prepared in ink or typed in duplicate marking one copy as original and the other as duplicate and must be signed by the authorised person under the seal of the contractor. 4. All cuttings and corrections made in the bill should invariably be attested properly by the authorised person under the seal of the Contractor. 5. Where Sales Tax is claimed in the bill, a certificate should be furnished in the bill as follows: "Certified that the Sales Tax as claimed in this bill is legally payable by us and will be paid by the Sales Tax authorities. Our Sales Tax Registration No. is ......................................................... 6. Where the rate of the item claimed in the bill includes Government duties like customs duty, etc. duty etc., a certificate should be furnished by the Contractor that he has actually paid the duties claimed for him in the case of items billed for. 7. Where extra cha rges which are not included or provided for in the purchase order are claimed for prior approval of the Purchaser should be obtained and the authority therefore, quoted in the bill against tt claim. Signature of Tenderer Address Page 35 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 8. Where postal and insurance charges provided for in the purchase order are claimed in the bill, must be supported by the original postal and insurance receipts. 9. One composite bill should not be prepared for supplies made against several Purchase orders even though the supplies against several orders might have been despatched under the same railway receipt. Separate bill for each purchase order should be prepared. SPECIAL INSTRUCTIONS 10. Where the Stores are supplied to the Stores Depots for which receipt Notes are granted by Depot Officer (other than cases where the Contractors are entitled to advance payments): 10.01 The bill must be invariably accompanied by the Contractors foil of the Receipt Note Granted by the Depot Officer. 10.02 The bill must be prepared only for the quantity acknowledged by the Depot Officer through his Receipt Note. 10.03 Where the Contractors foil of the Receipt Notes missing non-payment certificate in the following form should be furnished in the body of the bill: "Certified that Receipt Note No. ..........Dated ......................................reported to have been sent by ..................................................... (depot’s name) has been lost in transit and we have so for not received payment against the supplies billed for in this bill. We declare that in the Contractors foil of the Receipt Note is subsequently received or traced out, we shall not prefer any claim on the same account and shall immediately arrange return in the event of a double payment." 10.4 The bills so prepared together with all the enclosures stated above should be submitted to the Financial Adviser and Chief Account Officer (Stores) N. E. Railway, Gorakhpur for payment. 11. Where the Stores are supplied to a direct Consignee:- Other than the Depot Officer of the Engineering Department (other than those cases where the Contractors are entitled to advance payment). 11.01. In the case of supplies made against the purchase orders issued prior to 1st August. 1962 the, Receipt Notes will be granted by the Consignee and the special Instructions given in para 10 above will hold good. 11.02. In the case of supplies made against the purchase orders issued on or after 1st August, 1962, the acknowledgement of the receipt of material will be recorded by the Consignees on the bill itself preferred by the firms instead of granting a formal Receipt Note. In these cases the following institutions should be followed: 11.02.1. The Contractor should prepare the bill in duplicate in ink or type them, marking one copy original and the other duplicate. The original copy of the bill of prepared should be sent along with the original Railway Receipt or Parcel Way Bill to the ultimate Consigned to whom the material has to be supplied, as per instructions in the purchase order. The duplicate copy of the bill should be endorsed on top in bold letters "NOTE FOR PAYMENT' and should be sent to the Controlling Officer of the ultimate Consignees as per instructions in the purchase order. It such cases the bills should not be submitted to F. A. & C. A. O (Stores) directly. The ultimate Consignee Signature of Tenderer Address Page 36 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 on receipt of the material will endorse his acceptance of supply on the original bill itself and forward the same to the Controlling Officer who in turn will countersign the acknowledgement given by the Consignee on the bill and forward the bill to the F. A. & C.A.O (Stores) for arranging payment. 12. Where the contractors are entitled to advance payment as stipulated in the purchase order:12.01. Both the original and duplicate foils of the bill along with the original Railway Receipt on P. W. Bill should be forwarded to the FA & CAO (Stores) in a registered cover directly for arranging payment. Note: The R/R or P. W. B. should not be sent to the ultimate Consignees in these cases. 12.02. Where the Contractors are entitled to 100% advance payment on the authority of pre-despatch, Railway Receipt and Test Certificate should be attached along with the bill in original. In case where the Test Certificate is not readily available only 90% advance payment should be claimed. The balance 10% should be claimed, through a supplementary bill when the TEST CERTIFICATE is available which should be attached with this supplementary bill. 12.03. The suppliers while submitting bill for advance payments should also endorse a certificate in the form given hereunder:"I/We have personally examined and verified and do hereby certify that goods in respect of which payment is being claimed have been actually despatched under R/R No. ...........P / W Bill No. .................and further that this goods are the exact material as indicated in challan no. ...................... dated ............................. and covered by inspection certificate no. ..................................... Dated .................................... I/We hold myself/ourselves personally responsible for the correctness of this statement. Signature of Tenderer Address Page 37 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 North Eastern Railway N. E.-5/15 R B.-S/B-5 Original/Duplicate ENGINEERING DEPARTMENT Stores Bill No. ................ Supplier's Bill for Stores purchased. The Railway Dr. To Ms/Messrs. . ......................................... Address ........................................................... Dated……………...200 Purchase Receipt Description Unit order Note of stores, country/ imported No. Date No. Date Quantity No. Rate (in Amount fig. & words) Rs. Rs. P. P. Weight & C. Total Rupees ……………........ Consigned I Delivered 10 -------------------- R/R No.----------------------Date ------(In words) Rupees ------------------------------------------------------------------------P---Signature of Supplier In ink------------------------------------------------------------------Checked with purchase orders, Rates found correct--------------------------------------Checked with Receipt Note------------------------------------------------------------------Stores Bill Register No.----------------------------------------dated------------------------Net amount payable Rs. ----------------------------------------------------------------------Posted by-------------------------------------------------Less deduction Rs-----------------Posted -------------------------------------------------------------------------------------------Checked by-----------------------------for Financial Adviser & Chief Accounts Officer Suppliers's Receipt Received Rupees ------------------------------on account of materials detailed in the bill Signature of Supplier Entries to be made by the Pay Department Cash entry dated-------------------------------------------------------------------------------Amount paid Rupees--------------------------------------------------------------------------Amount unpaid Rupees-----------------------------------------------------------------------Instruction to Suppliers Note: (1) Suppliers are requested to sign this bill full in ink and the show his designation such as Manager Director, etc. (2) Full address must be given by the suppliers in this bill. (3) Reference to purchase order should be quoted in the first column by the supplier. (4) Reference to receipts Note. When granted, should be quoted in the second column by the supplier. Signature of Tenderer Address Page 38 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 North Eastern Railway Tender Schedule to Accompany Advertised Tender Notice No. 03/TRACK/2011 Dated 04-05-2011 (O.T. No. 352/2011, Ite m No. - 6) Date of opening Time of receipt Time of opening Estimated cost Earnest money 05-07-2011 Up to 14.30 hours on 05-07-2011 At 15.00 hours on 05-07-2011 Rs. 15.60 lakh Rs.31200/- To, The President of India, Acting through the Principal Chief Engineer, N.E. Railway, Gorakhpur. We hereby offer to supply the undermentioned item at the price mentioned against it within the period of delivery indicated here under as per terms and conditions attached. Description of item and specification 1 Manufacture and supply of :(a) Fish plate for 60 Kg. rail, 1m long with bolts, nut and washers as per RDSO drawing No. RDSO/T- 5916 with latest alteration if any, conforming to specification No. IRS: T-1/66 with latest amendment if any. Each set comprises of the following: (i) Fish plates as per RDSO drg. no. T-5916 = 2 nos. (ii) Fish bolts with nuts Approximate quantity and SE/SSE (P.Way)/TD Unit 2 3 Izzatnagar 200 sets Basic Rate including all charges (except ED, ST /VAT & freight which are to be shown separately) in figures and words 4 Excise Duty Sales Tax or VAT applicable in the seller’s state Freight % Value (Rs.) % Value (Rs.) For finished goods (Rs.) 5 6 7 8 9 Each set Varanasi 48 sets i.e. total = 248 sets Signature of Tenderer Address Page 39 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 (25x150mm) as per drg. no. RDSO/T11510 and spring washers = 6 nos (b) Fish plate for 60 Kg. rail 610 mm as per drg no.T-1898 with latest alteration if any, conforming to specification no. IRS: T-1/66 including corrigendum if any. (c) Joggled Fish with clamps to be used for rail fracture BG for 60 Kg. as per RDSO drg. no.T-4016 with latest alteration if any. conforming to specification No. IRS: T-1/66 with latest amendment if any. Each set comprises of the following: (i) Joggled fish plates as per RDSO drg. no. T-4016 = 2 nos. (ii) Clamps to RDSO drg. no. T-4017 = 4 nos. and to RDSO d rg. no. T-4017/1 = 4 nos. (iii) Bolts (25x290mm) with nuts as per RDSO drg. no. T-11524 = 4 nos. (iv) Single Coil Spring Washer (T-10773) = 4 Nos. (v) Plain Washer = 4 Nos. (d) Joggled Fish Plates hole type to be used for rail fracture BG for 60 Kg. as per RDSO drg. no.T-5849 along with bolts, nuts and all types of washers with latest alteration if any. conforming to specification No. IRS: T-1/66 with latest amendment if any. Varanasi 386 Nos. Each No. Varanasi 96 sets Each set Varanasi 200 sets Each set Signature of Tenderer Address Page 40 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 Each set comprises of the following: (i) Joggled fish plates as per RDSO drg. no. T-5849 = 2 nos. (ii)Bolts (25x180mm) with nuts as per RDSO drg. no. T-11513 = 4 nos. (iii) Single Coil Spring Washer (T-10773) = 4 Nos. (iv) Special Washer = 4 Nos. 10. 11. 12. 13. 14. Joggled Fish Plates are exclusively reserved for purchase from RDSO approved firms only Firms should enclose copy of their current approval certificate of RDSO along with their offer. Remarks by Tenderers as to quality, brand, country of manufacture, and deviation from specification if any. Delivery period:- Supply of stores to be started within one month from the date of issue of purchase order and to be completed within 5 (Five) months thereafter. Place of delivery:(i) By rail:- SSE (P.way)/TD/NER/ Izzatnagar & Varanasi (ii) By road in the godown of:-doTenderer’s Bank Account Details:(i) Bank a/c no. – (ii) Name of bank – i. (iii) Branch – ii. (iv) Specific code of branch – iii. (v) MICR code “We hereby declare that in quoting the above price, we have taken into account the entire credit on inputs available under the MODVAT scheme introduced with effect from 01.03.86. We further agree to pass on such additional duties as set offs as may become available in future in respect of all the inputs used in the manufacture of the final product on the date of supply under the MODVAT scheme by way of reduction of prices and advise the purchaser accordingly”. Signature of Tenderer Address Page 41 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 North Eastern Railway Special Conditions (Part -A) Open Tender No. 352/2011 Due on 05-07-2011 1.0 Tenders should be submitted on prescribed tender form/documents of this Railway only otherwise the same is liable to be rejected. 2.0 Tenderers will be required to deposit Earnest Money Deposit and Security Deposit as given below: 2.1 Earnest Money Deposit (i) The earnest money deposit (EMD) shall be taken from all tenderers against advertised tenders subject to following exemptions:(a) Vendors registered with NSIC up to the monetary limit of their registration for the items tendered. (b) Vendors registered with Railways up to the monetary limit of their registration for the items tendered/trade groups of the items tendered. (c) Vendors on approved list of RDSO/PUS/CORE/Railways etc. for those specific items for which they are on approved list. (d) Manufacturers and their accredited agents. (e) Other Railways, Govt. departments. (ii) Amount of EMD:- The amount of EMD to be taken in advertised tenders wherever applicable, will be 2% of the estimated tender value subject to an upper limit of :(a) Rs.5.0 (five) lakh for tenders valuing up to Rs.10.0 (ten) crore, and (b) Rs.10.0 (ten) lakh for tenders valuing above Rs.10.0 (ten) crore. (iii) Validity of EMD:- EMD should remain valid for a period of 45 days beyond the final bid validity period. (iv) In case some firm resiles from its offer within the validity period, for the first time, amount equivalent to earnest money would be recovered from the other contracts of the firm within the same railway or /other railways. (v) For the second time, if the same firm is resiling from its offer within the validity period, the concerned firm will be delisted for 3 years by the approving agency. In this case, recovery equivalent to earnest money need not be made. (vi) Tenders which are not accompanied with requisite earnest money, unless exempted as above, are liable to be rejected. 2.2 Security Deposit (i) Safety Items:- The security deposit (SD)/Performance guarantee shall be taken from all firms for contracts for all safety items (all items, listed in master list of approved vendors for permanent way items, issued by RDSO, Lucknow are safety items) placed against advertised tenders subject to the following exemptions: (a) Vendors registered with NSIC up to the monetary limit of their registration for the items ordered in supply contracts upto Rupees Ten lacs only and in supply contracts value beyond Rupees Ten lacs they have to deposit security deposit / performance guarantee @ 10% of the contract value. Signature of Tenderer Address Page 42 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 (ii) Other than Safety Items:- The security deposit (SD) shall be taken from all firms for contracts for items other than safety items placed against advertised tenders subject to the following exemptions: (a) Vendors registered with NSIC up to the monetary limit of their registration for the items ordered. (b)Vendors registered with Ra ilways up to the monetary limit of their registration for the items ordered /trade groups for items ordered or vendors on approved list of RDSO/PUs/CORE/Railways etc. for those specific items for which they are on approved list or other Railways, Govt. departments on their specific request and on merits of the case as considered by tender committee. (iii) The usual Security Deposit should however be taken in case the contracts are placed on unregistered/unapproved firms or for items for which a particular firm is not registered/approved. (iv) The amount of Security Deposit to be taken wherever applicable will be 10 (ten) percent of the total value of contract subject to upper ceiling of Rs.10.0 (ten) lakhs for contracts valuing up to 10.0 (ten) crores and Rs. 20.0 (twenty) lakhs for contract valuing above Rs.10.0 (ten) crores. (v) Validity of SD:- Security deposit should remain valid for a minimum period of 60 days beyond the date of completion of all contractual obligations of supplier. (vi) The successful tenderers, unless exempted as above, will have to deposit security money in favour of FA & CAO, N.E. Railway, Gorakhpur, within 14 days of the issue of acceptance letter, as laid down in IRS conditions of contract. 3.0 The rates should be quoted inclusive of all taxes, levies, new impost etc. except excise duty and sales tax/VAT, which are to be quoted separately. 4.0 If excise duty is charged extra then tenderers should clearly indicate exact rate of excise duty applicable. If concessional excise duty is applicable at the time of quoting and tenderers wish that actual excise duty at the time of supply should be paid then tenderers should clearly indicate the same. Excise duty will vary based on the turn over and they should indicate the maximum rate of excise duty payable. If excise duty is claimed in the offer and statutory variation is also claimed by the tenderer in the offer the same will be agreed to. In no case variation in excise duty due to increase in turn over during the currency of the contract will be admissible. If tenderers misclassify the goods under relevant excise tariff rule, Railway will not pay increased excise duty due to misclassification. Excise duty will be paid subject to documentary evidence. 4.1 Tenderers should indicate excise duty extra wherever applicable. If excise duty is quoted as included in price quoted, tenderer should indicate the basic rate and excise duty separately. 4.2 Tenderers should refrain from quoting the general phrase such as ED extra as applicable or on slab rate basis depending upon their turnover. They must clearly indicate quantum of ED applicable at the time of quoting. The offers of firms quoting ED on slab rate basis will be loaded with full ED applicable for the purpose of evaluation of the tender. Signature of Tenderer Address Page 43 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 5.0 5.1 5.2 5.3 5.4 6.0 7.0 MODVAT:In the price to be quoted by the tenderers should take into account the credit availed by the tenderer on input material under the MODVAT- scheme introduced with effect from 1st March’1986. The tenderers should give a declaration that any set offs in respect of duties to inputs as admissible under law is being totally and unconditionally passed on to the purchaser in the price quoted by him. The accepted contract rate is inclusive of all MODVAT Credits available to the firm, if any, as on the date of opening of tender. All MODVAT credits available on inputs on the date of opening of tender will be fully retained by the supplier, in addition to the contract rates. Any increase/decrease that takes place during the currency of the contract in MODVAT on inputs will be to purchaser’s account. The suppliers will submit the following certificate with each bill: “We certify that no additional duty set offs on the goods supplied by us have accrued under the MODVAT scheme in force on the date of supply after we submitted our quotations and submitted the present bill” In the event of MODVAT credit being extended by the Government of India to more items than already covered for which price escalation is paid by the purchaser, the supplier shall advise the purchaser about the additional benefits accrued, through a letter containing the following certificate or any variation thereof as may be considered necessary by individual Administration: “We hereby declare that we can avail additional duty set offs as per latest MODVAT scheme in force now and we hereby give a reduction of ------------------- per unit and agree to revise the prices indicated in the order. The current E.D. of ----------- % is payable on this reduced price. Therefore, we request you to amend the order accordingly. The tenderers have to furnish partnership Deed and Power of Attorney along with their offers. No assistance shall be given by Railway Administration to procure raw materials and no recommendatory letter shall be given for this purpose. The manufacturer shall have to make their own arrangement in this respect. Offer seeking any assistance from the railway for raw material or essentiality certificate shall be summarily rejected. 8.0 A copy of booklet “Instructions to Tenderers’’ is annexed and the same must be used by the tenderers intending to use the downloaded tender document, for acceptance and signature. 9.0 The tenderers must sign each and every page of the “Instructions to Tenderers” along with the schedule and special conditions. 10.0 IRS conditions of contract with latest corrections shall apply. 11.0 Validity of offer:- Tenderers must keep their offer open for a period of 120 days from the date of opening of tender for acceptance by the Railway. 12.0 All Part-II approved tenderers must submit attested photocopies of PO’s, inspection certificates and receipt notes / certificates related to the maximum quantity of the material under procurement, successfully supplied by them in any single order placed Signature of Tenderer Address Page 44 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 13.0 14.0 15.0 (i) (ii) (iii) (iv) on them over the preceding three years by any Zonal Rly/PU. Such tenderers are to note that non-submission of such documents shall be taken as their not having any such past performance and their offers shall be considered further as per extant rules and no back reference in the regard will be made to them. While deciding the tender for an item which are to be procured from approved/registered sources, Railway reserves the right to order entire or bulk quantity from such approved firms. The status of the approved/registered firm shall be reckoned as on date of the tender opening and not there after, except in case of down grading/ suspension/ banning. In case of removal/suspension/ banning of the firm after opening of the tender, the same shall be taken into account while deciding the tender. List of machineries, plant, equipments and employments of technical staffs should be submitted along with the tender. Book Examination Clause:The contractor shall whenever called upon and requiring to produce or cause to be produced for examination by the Govt. Officer duly authorised in that behalf, any cost or other account book of account voucher, receipt, letter, memorandum paper and writing or any copy of or extract from any such documents and also furnish information any-wise relating to such transaction and produce before the duly authorised Govt. officer returns verified in such manner as may be required relating in any way to the execution of this contract or relevant for verifying or ascertaining the cost of execution of this contract (the decision of such Govt. Officer on the question of relevancy of any document, information or return being final and binding on the parties). The obligation imposed by this clause is without prejudice to the obligation of the contractor under any statute, rules or orders shall be binding on the contractor. The contractor shall, if the authorised Govt. officer so requires (whether before or after the prices, have been finally fixed), afford facilities to the Govt. officer concerned to visit the contractor’s works for the purpose of examining the processes of manufacture and estimating or ascertaining the cost of production of the articles. If any portion of the work be entrusted or carried out by a subcontractor or any of its subsidiary or allied firm or company, the authorized Govt. officer shall have the power to examine all the relevant book of such sub-contractor or any subsidiary or allied firm or company shall be open to his inspection as mentioned in clause (i). If on such examination, it is established that the contracted price is in excess of the actual cost plus reasonable margin of profit, the purchaser shall have the right to reduce the price and determine the amount to a reasonable level. Where the contract provides for book examination clause, the contractor or its agency shall be bound to allow examination of its books within a period of 60 days from the date the notice is received by the contractor, or his agencies calling for the production of documents as under clause (i) above. In the event of contractor’s or his agencies failure to do so, the contract price would be reduced and determined according to the best judgment of the purchaser which would be final and binding on the contractor and his agencies. Signature of Tenderer Address Page 45 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 16.0 For items which are reserved to be procured from RDSO approved sources only, following conditions will also be applicable: a) Wherever all or most of the approved firms quote equal rates and cartel formation is suspected, Railways reserves the right to place order on one or more firms with exclusion of the rest without assigning any reasons there of. b) Firms are expected to quote for a quantity not less than 50% of the tendered quantity. Offers for less than 50% of the tendered quantity will be considered unresponsive and liable to be rejected in case cartel formation is suspected. Railways, however, reserve the right to order on one or more firms any quantity. c) The firms who quote in cartel may be warned that their names are likely be deleted from list of approved sources. d) The Railways reserves the right to exercise their discretion to consider the unapproved/Part-II sources for supply of quantity as deemed fit. 17.0) Evaluation Criteria & Right of acceptance:17.1) Evaluation Criteria:- The inter-se position of the bidders shall be decided based on the total value of the tender for all items & all consignees for full tendered quantity irrespective of part quantity quoted by the tenderers and not on the basis of individual items or individual consignees. Therefore tenderers are required to quote the rates for each item & each consignees failing which such offers shall be considered as incomplete and invalid offer. 17.2) Right of acceptance :17.2.1 The purchaser reserves the right to split tendered quantity among two or more bidders. 17.2.2 The purchaser reserves the right to distribute the procurable quantity on one or more of the eligible tenderers. Zone of consideration of such eligible tenderers will be the right of the Purchaser. 17.2.3 Whenever such distribution/splitting of the tendered/procurable quantity is made, the quantity distribution will depend (in an inverse manner) upon the differential of rates quoted by the tenderers (other aspects i.e. adequate capacity - cum – capability, satisfactory past performance of the tenderers, outstanding orders load for the Railway making the procurement, quoted delivery schedule vis-à-vis the delivery schedule incorporated in the tender enquiry etc. being same/similar) in the manner detailed in the table below :Price differential between L-1 and L-2 Upto 3% More than 3% and upto 5% More than 5% Quantity distribution ratio between L-1 and L-2 60:40 65:35 At least 65% on the L-1 tenderer. For the quantity to be ordered on the L-2 tenderer, TC/TAA should decide keeping in view conditions laid down in paras (iv) (b) (iii) and (iv) at page 3 of Board’s letter dt. 15-10-2007 If splitting of quantity is required to be done by ordering on tenderers higher than the L-2 tenderer, then the quantity distribution proportion amongst the tenderers will be decided by transparent/logical/ equity based extrapolation of the model as indicated above. Signature of Tenderer Address Page 46 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 17.2.4 The rate of the highest eligible tenderer within the zone of consideration has to be, per-se, reasonable to the Purchaser. 17.2.5 In the cases of inadequate capacity-cum-capability, dissatisfactory past performance, large quantity of outstanding orders (liquidation of which will take very long time) etc., the Purchaser shall have the right to distribute the procurable quantity amongst tenderers with due consideration to these constraints and in such a manner as would ensure timely supply of materials in requisite quantity to meet the needs of operation, maintenance, safety etc. of the Railways, regardless of inter-se ranking of the tenderers and in a fair and transparent manner with due conformity to the principle of natural justice and Equity. 17.2.6 Counter offer to L-I, in order to arrive at an acceptable price, shall amount to negotiation. However any counter offer thereafter to L-2, L-3 etc., (at the rates accepted by L-1) in case of splitting of quantities, as pre-disclosed in the tender, shall not be deemed to be a negotiation. However, in the cases where the rate of highest tenderer within the zone of consideration, per-se, is reasonable, and a counter offer is made only to economise the purchase, then the same may be done simultaneously to all the tenderers within the zone of consideration. However it may be noted that ordering on part II approved vendors, as per extant directives of Board, shall not construe splitting of the procurable quantity. 17.3 Ordering on Part II approved source with competitive price ranking can be considered beyond 15% in case that source has successfully executed a larger quantity order in the same Railway unit or other Railway units/PUs in the preceding 3 years. Successful executions will be signified by both quantitative and qualitative performance. Upper limit of quantity to be ordered on such a source will not exceed 25% of the net procurable quantity in a given procurement case with another 5% on new source in deserving cases and with strict compliance of extant procedure on such educational ordering. That is to say, the ordering quantity on a part II source can be up to 15% or the highest quantity of a past order, successfully executed in the preceding 3 years in the same Railway unit or other Railway Units/PUs, whichever is higher, subject to maximum of 25% of the net procurable quantity in the given procurement case. 17.4) Aggregate quantity to be ordered on all Part-II approved vendor taken together however, will not exceed 25% of the net procurable quantity in given procurement case. 17.5) Railway may place developmental order on firms not on the approved list in accordance with Railway Board’s instruction. On getting developmental order, the firm will approach Railway Board and RDSO for development as new vendor. The firm will submit requisite application on specified format along with initial registration fees to RDSO within one month of getting the developmental order. RDSO will under take the development of the firm after Board’s approval as per the calendar of activities in force at that time. After development and satisfactory supply against developmental order, the firm will be included as part-II vendor. Delivery period for developmental order to be reasonably fixed by tendering Railway Signature of Tenderer Address Page 47 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 considering the time of development which may be approximately six months. Developmental order can be placed only for 5% of the tendered quantity. In case unapproved sources are considered 5% developmental order, the distribution of remaining procurable quantity will be done as per para 17.3 and para 17.4 above. 18.0 Rejection at Destination and Penalty clause:-In case the second sample fails, besides not making any payment for entire material passed and supplied against the particular inspection certificate, a penalty equal to 10% of the cost of the material against the particular certificate or Rs. 1 (One) lakh, which ever is less will be imposed. Payment will not be released for defective material irrespective of the fact whether the material has been used or not. The firm will be at liberty to take away the rejected material on recovery of the payment already made and effecting the recovery of penalty. The part material belonging to the rejected lot, if used in track, shall be removed from the track and replaced with the good material supplied by the same supplier against any other inspection certificate or any other supplier for the safety of track. The cost of replacement of such rejected material will be to supplier’s account. 19.0 Deviations fro m the tender condition:- Tenderers quoting financial conditions, deviating from tender condition stipulated in tender document, are required to quantify its implications in financial term duly enclosing the calculation sheet supporting with authentic document, so that the impact of such financial condition on the offer may be worked out to decide inter-se-position of offers. In case tenderer quotes such financial condition without quantifying its financial implications, such tenders/offers shall be summarily rejected, for which Railway Administration shall not entertain any correspondence. 20.0 Rates: 20.1 The supply of goods in accordance with the terms and conditions of this contract shall be effected at the accepted unit rate, subject to escalation/de-escalation in terms of Part- ‘B’ Special Conditions. 20.2 The accepted rate shall be inclusive of all labour, material, tax and duties on inputs, cost of packing, cost of loading into wagons/road vehicles at the works and cost of transportation to consignee store/depot. 20.3 Unloading of finished goods at consignee end:- Unloading of finished goods at consignee end shall be done by Railway at its own cost. 20.4 The accepted rate and other terms and conditions under this contract shall be relevant to all the consignees over this railway and shall be applied uniformly. 20.5 The accepted rates and other terms and conditions under this contract will remain current and valid for a period up to currency of contract from the date of acceptance of tender/counter offer, as the case may be. The Purchaser also has the right to defer deliveries (i.e. slow down supplies) and enhance delivery period beyond the due date of delivery on the same rates, terms and conditions. 21.0 Sales Tax/VAT: Railway Board vide its letter no. 2007/F(S)I/CST/1 dated 04-05-2007 has advised that Signature of Tenderer Address Page 48 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 i) ii) iii) The rate of CST on inter state sale to Govt. departments shall also be the rate of VAT applicable in the state of the selling dealer. The facility of inter state purchases by Govt. departments against Form D stands withdrawn. However goods of special importance (called declared goods) as incorporated under Section 14 of CST Act will continue to suffer/enjoy concessional rate of tax since State Government cannot impose tax at higher rates than envisaged in CST Act. Iron and steel items as listed in section 14 of CST Act 1956 for instance will suffer CST @ 4% only). Consignees will arrange/provide/enclose sales tax forms if required as applicable to concerned state to avail sales tax concession or to facilitate entry/movement of the goods in the State as required and requested by the Firm. The purchaser will, however, not be responsible for the payment of the Tax or duty made by the supplier under misapprehension of law. New statutory taxes and duties :- Any new statutory tax and/or duty imposed as a result of revision of any order of the Government will be to purchaser account during original delivery period of the contract. This is payable on production of the proof of the same having been paid by the supplier. However, New statutory tax or/and duty after the original delivery period shall be to supplier’s account only unless otherwise sanctioned by the competent authority while extending delivery period. 22.0 Raw Material: 22.1 The responsibility for procurement of raw materials required for the manufacture of tendered store shall rest entirely with the supplier. The purchaser may, however render assistance in respect of the following to the extent of making necessary recommendations without undertaking any financial or other liability thereof at his sole discretion. (i) For allotment of required quantity of any input raw materials which are under statutory control of the Government of India. (ii) For allotment of a quota for light Diesel Oil, Furnace Oil if under statutory control of the Government of India and (iii) For allotment of a quota for electricity required for the manufacture of goods. 22.2 The supplier shall be responsible for the safe custody of the raw materials procured with the assistance of the Railway and the later will have the right to inspect, verify and satisfy that the quantities of raw materials procured with the Government assistance have been solely used for the manufacture of tendered store and the left over quantity, if any, has to be accounted for and disposed of as directed by the Railway. 23.0 Inspection:23.1 In case of the RDSO approved suppliers, the inspection of the ordered quantity of the goods shall be arranged by RITES of the concerned circle/RDSO as applicable, and in case of delay in the inspection by RITES of the concerned circle/RDSO as applicable or any other unforeseen reason the Railway reserves the right to nominate inspection of the finished goods by the Railway. The nominations of inspection agency will be at the sole discretion of Railway. Signature of Tenderer Address Page 49 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 23.2 Necessary transport facilities to and from nearby Railway stations convenient to the inspecting Railway staff shall be provided by the supplier free of cost. Necessary office accommodation for the inspecting Railway staff at the factory premises shall also be provided by the supplier. 23.3 The supplier shall be required to install and operate necessary testing equipment required for the testing of the finished goods and the samples thereof as required under IRS Specifications, as the case may be. The testing equipment for the same shall be made available at the factory site. 23.4 When the inspection is required during the manufacture or before delivery or dispatch, adequate notice in writing generally not less than one week shall be sent by the supplier to the inspecting officer so nominated for. Only goods pre inspected and passed by the inspecting officer will be dispatched to the consignee. 23.5 For product test of GRSP, whenever possible a time between vulcanization and consignee end testing may be up to six (6) months for all the test specified in the specification excluding the three test namely Hardness, Ash Content and Load Deflection. Time between vulcanization and consignee end testing for Hardness, Ash Content and Load Deflection may be up to one year. 24.0 Modification to Design: In case Railways at any stage, during the currency of the contract, decides to make minor modifications to the design of tendered store, the Supplier shall modify the dies, manufacturing process, etc. to suit such minor modification. The cost of such modifications will be negotiated and mutually settled and will be paid by the purchaser. Suitable extension to the Delivery period shall also be granted on account of time lost in making the switch over to the modified design. 25.0 Despatch: 25.1 The Supplier shall book the consignment by rail/road as per the mode of the transport preferred by the consignee as “Freight pre-paid” and obtain a clear receipt therefore. Octroi: In case of despatch of the consignment by road, consignee will give exemption certificate in advance if demanded by the firm. However, where the Municipal/Local authority do not accept octroi duty exemption certificate, the octroi duty shall be borne by the supplier. Road Permit: Road permit will be provided by the purchaser, on demand by the seller. However it will be the responsibility of the seller to collect the road permit from the purchaser. 25.2 Transit risk will be on supplier’s account. 25.3 In case freight charges are not explicitly given in tender, the following will be applied. “Freight will be reimbursed as rail/road whichever is lower supported by the certificate issued from the commercial department about rail freight applicable”. 26.0 Payments :26.1 The time to time payment at the accepted rate towards supply of finished goods will be made by the Divisional Accounts officer of the concerned division. 26.2 Payment at 95% of accepted rate shall be made towards the inspected and passed goods when dispatched by rail. The claim for payment shall be supported by Signature of Tenderer Address Page 50 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 26.3 26.4 26.5 27.0 27.1 27.2 27.3 27.4 27.5 27.6 inspection certificate and also proof of dispatch (clear RR) where booking is done by Rail. Balance 5% payment shall be made on certification for receipt and acceptance of consignment in good condition by the consignee duly verified by the controlling officer of the consignee where the consignee is not a Gazetted officer. Where the passed goods, as allotted under order are supplied direct to the consignee by road transport; Payment shall be made at 100% of contract rate by the paying authority on production of relevant inspection certificate marked for payment, and certification for receipt & acceptance of consignment in good condition by the respective consignee duly verified by the controlling officer of the consignee where the consignee is not a Gazetted officer. All verification of receipt of goods in good condition by the consignee (s) shall be made under the office stamp of the officers nominated for the purpose. The tenderers should quote clearly the details of their bank account no., name and branch of the bank, specific code of that branch of the bank including IFSC code. Delivery:- The description of articles, specifications and the quantity required are given in the attached schedule of quantities. The quantities given in the attached schedule are approximate and the actual quantity of the contract will depend on the actual requirement. The supplies of the tendered quantity are to be commenced as early as possible and to be completed also as early as possible. In case supplier desires to supply the store using entire delivery period then a monthly programme of proportionate supply must be submitted immediately after receiving the supply order, in order to maintain an even flow of supplies throughout the currency of contract. In case of failure on the part of the supplier to arrange supply as per the delivery schedule/installments fixed in advance, save force majeure conditions or delays attributable to purchaser, the purchaser reserves the right to levy liquidated damages which shall be levied as per para 0702(a) of IRS Condition of Contract and condition 28.0 of Special Conditions of Contract Part ‘A’. The purchaser may authorize purchase of equivalent quantity from any alternative/approved source in the country and also transport the same to the destination (s) by Rail/Road transport so as to maintain an even flow of the goods required for maintenance of track or to complete the new projects. The extra expenditure over and above the accepted rate, if any, as may be incurred in such purchases from alternative sources shall be to the defaulting supplier’s account. Tenderers should declare exact quantity of suitable raw material held in stock for the manufacture of the stores described in the schedule. Firms holding contract for this item against Railway Board’s or Railway’s order should indicate the back logs as also the reasons for the same and the probable date of liquidation of the existing load. The delivery programme given by tenderer should not be linked with the receipt of raw material or with assistance of raw materials by the purchaser. In cases where only a portion of the stores ordered is tendered for inspection at the fag end of the delivery period and also in cases where inspection is not completed in respect of the portion of the stores tendered for inspection during the Signature of Tenderer Address Page 51 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 a) b) c) 27.7 27.8 28.0 period, the purchaser reserves the right to cancel the balance quantity not tendered for inspection within the delivery period fixed in the contract at the risk and expense of the contractor without any further reference to him. If the stores tendered for inspection during/or at the fag end of the delivery period are not found acceptable after carrying out the inspection, the purchaser 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 under the provision of clause 0702(a) of the IRS conditions of contract, liquidated damages on the stores which the contractor has failed to deliver within the period fixed for delivery. That no increase in price on account of any statutory increase or fresh imposition of Customs Duty, Excise Duty, Sales Tax or on account of any other tax or duty leviable in respect of the stores specified in the contract which takes place after the date, if the delivery period stipulated in the contract shall be admissible on such of the said stores as delivered after the date of the delivery stipulated in the contract. That not with standing any stipulation in the contract for increase in price on any other ground no such increase which takes place after the date of delivery stipulated in the contract shall be admissible on such of the said stores as are delivered after the expiry of the delivery period stipulated in the contract. d) But nevertheless, the purchaser shall be entitled to be benefited of any decrease in price on account of reduction in or remission of Customs Duty, Excise Duty, Sales Tax or on account of any other tax or duty or on any other ground as stipulated in the price variation clause which takes place after the expiry of the date of delivery period stipulated in the contract. e) Any extra expenditure incurred by the purchaser on the basis of the difference between the rate of railway freight in force during the original delivery period and the rate of railway freight in force up to extended period of delivery shall be recovered from the contractor not with standing the grant of any extension in respect of the stores dispatched by the contractor during the extended period of delivery. The contractor shall not dispatch the stores till such time as an extension in terms of Para 27.6(a) to (e) above is granted by the purchaser and accepted by the contractor. If the stores are dispatched by the contractor report and extension letter as aforesaid is issued by the purchaser and same are accepted by the consignee, the acceptance of stores shall be deemed to be subject to the conditions (a) to (e) set out in paragraph 27.6 above. 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 (e) mentioned in paragraph 27.6 above. Liquidated Damages for Delays:The purchaser reserves the right to levy, as agreed liquidated damages and not by way of penalty which shall be levied as per para 0702(a) of IRS Condition of Signature of Tenderer Address Page 52 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 Contract, a sum equivalent to 2 (two) percent of the price of any stores (including elements of taxes, dut ies, freight, etc.) which the contractor has failed to deliver within the period fixed for delivery in the contract or as extended for each month or part of a month during which the delivery of such stores may be in arrears where delivery thereof is accepted after expiry of the aforesaid period, subject to a maximum of 10% (ten percent) of value of the delayed supplies, irrespective of delays, unless otherwise provided, specifically in the contract. Railways reserves the right to impose penalty in case of failure on the part of the supplier to meet the supply targets fixed in the contract save force majeure conditions and/or delays attributable to the railways i.e. non-issue of release order/consignee instructions, etc. 29.0 Force Majeure Condition:29.1 In the event of any unforeseen event directly interfering with the supply of stores arising during the currency of the contract; such as war, insurrection, restraint imposed by the Government, act of legislature of other authority, explosion, accident, strike, riot, lockout, acts of public enemy, acts of God, sabotage; the supplier shall, within a week from the commencement thereof, notify the same in writing to the purchaser with reasonable evidence thereof. If the force majeure condition mentioned above be in force for a period of 90 days or more at any time, the Purchaser shall have the option to terminate the contract on expiry of 90 days more at any time of commencement of such force majeure by giving 14 days notice to the supplier in writing. In case of such termination, no damage shall be claimed by either party against the other save and except those, which had accrued under any other clause of the agreement prior to such termination. Suitable extension to the delivery period shall be granted for time lost on account of force majeure conditions. 29.2 Non-performance of the supplier as per the delivery schedule even due to force majeure conditions shall be considered a valid reason for debarring him from orders against future supplies. 30.0 Supply Tolerance :Cases where the tender value is more than Rs.75.00 (seventy five) lakhs):- The Railways reserves the right to enhance or reduce the contracted quantity up to 30% at the accepted rate, terms and conditions of the order at its sole discretion. The Railways reserves the right to vary the ordered quantity by (+) 30% at any time, till final delivery date of the contract, by giving reasonable notice, even though the quantity ordered initially has been supplied in full before the last date of delivery period. If quantity is increased by or up to 30%, suitable extension in delivery period will be granted by the Purchaser. (ii) All other cases:- The Railways reserves the right to enhance or reduce the contracted quantity up to 30% at the accepted rate, terms and conditions of the order at its sole discretion. In this regard Railway’s option shall be exercised at least 30 days in advance of the due date of completion of the contracted quantity. If quantity is increased by or up to 30%, suitable extension in delivery period will be granted by the Purchaser. Signature of Tenderer Address Page 53 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 31.0 Progress Report:The supplier shall also ensure submission of monthly progress report of production, supplies and inspection made against the quantities on order to Railway, indicating the quantities delivered and also excise duty paid, the sales Tax levied and other details in the prescribed proforma. 32.0 Law Governing the Contract:i) This contract shall be governed by the Laws of India for the time being in force. ii) Irrespective of the place of delivery, the place of performance or place of payment under the contract; the contract shall be deemed to have been made at the place from which the acceptance of tender has been issued. 33.0 Jurisdiction of Court:The Courts of the place from where the acceptance of tender has been issued shall alone have jurisdiction to decide any dispute arising out of or in respect of the Contract. 34.0 Annexures as attached herewith, IRS Conditions of Contract, Drawings with alterations up-to-date and specifications shall form part of the contract unless otherwise superseded by the above special conditions as also the tender schedule. In case of any variation between the provisions in any other annexure and Special Conditions, the provision of the later shall prevail. 35.0 Period of Risk Purchase:The period of making risk purchase will be nine months instead of six months as provided in the clause 0702 (b) of IRS conditions of contract. 36.0 Offer by Fax:Vide Railway Board letter no. 2005/RS(G)/779/1 dated 09-11-2006, offers can be sent by fax also. However it shall be the sole responsibility of the tenderers to ensure that the offers submitted by fax are dropped in appropriate tender box in sealed cover/cover(s) and within the prescribed time and date. The Railways shall not be responsible in any way for any delay in dropping the fax offers in the appropriate tender box. Offers received through fax and found in the tender box at the time of opening of tenders and complete in all respects and duly signed by the authorized signatory will be treated as in time offers subject to the firm/firms submitting post confirmation copy duly signed by the authorized person as per the tender conditions within ten working days from the date of opening otherwise the offer shall be treated as invalid. Offers received by fax as covered above shall be treated deemed as unresponsive in case the confirmation copy is not received within the time stipulated as above. 37.0 Work Load and Production Capacity :All tenderers should quote their work-load and production capacity etc., accordingly a proforma for obtaining information from tenderers are enclosed as Annexure-I. 38.0 Bank Guarantee:38.1 Wherever any deposit is to be made in the form of a bank guarantee (BG), it should be made for requisite amount only in the format annexed along with the tender document. No other format will be acceptable. Signature of Tenderer Address Page 54 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 38.2 Bank guarantee to be submitted by suppliers/contractors should be sent directly to the concerned authorities by the issuing bank under registered post A.D. 39.0 Fall Clause: The contract if and when placed will be subject to the following clause: 39.1 "The price charged for the stores supplied under the contract by the contractor shall in no event exceed the lowest price at which the contractor sells the stores or offer to sell stores of identical description to any persons/organization including the purchaser or any Department of the Central Government or any Railway Office or any Railway Undertaking, as the case may be, during the currency of the contract. The lower price will be applicable to supplies made after the date of coming into force of such reduction or sale or offer to sell at a reduced rate. 39.2 If at any time, during the said period the contractor reduces the sale price, sells or offers to sell such stores to any persons/organization including the purchaser or any Department of Central Government or any Railway Office or any Railway Undertaking as the case may be, at a price lower than the price chargeable under the contract, they shall forthwith notify such reduction or sale or offer of sale to the Purchaser and the price payable under the contract for the stores supplied after the date of coming into force or such reduction or sale or offer of sale, shall stand correspondingly reduced. 39.3 The contractor shall furnish the following certificate to the concerned Accounts Officer along with each bill for payment of supplies made against the contract. "I/We certify that there has been no reduction in sale price of the stores of description identical to the stores supplied to the Government under the contract herein and such stores have not been offered/sold by me/us to any person/organization including the purchaser or any Department of Central Government or any Railway Office or any Railway Undertaking as the case may be, up to the date of bill, at a price lower than the price charged to the Government under the contract”. Signature of Tenderer Address Page 55 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 North Eastern Railway Special Conditions (Part ‘B’) Open Tender No. 352/2011 Due on 05-07-2011 1. Description of Materials :- Manufacture and Supply of :(a) Fish plate for 60 Kg. rail, 1m long with bolts, nut and washers as per RDSO drawing No. RDSO/T- 5916 with latest alteration if any, conforming to specification No. IRS: T-1/66 with latest amendment if any. Each set comprises of the following: (i) Fish plates as per RDSO drg. no. T-5916 = 2 nos. (ii) Fish bolts with nuts (25x150mm) as per drg. no. RDSO/T-11510 and spring washers = 6 nos (b) Fish plate for 60 Kg. rail 610 mm as per drg no.T-1898 with latest alteration if any, conforming to specification no. IRS: T-1/66 including corrigendum if any. (c) Joggled Fish with clamps to be used for rail fracture BG for 60 Kg. as per RDSO drg. no.T-4016 with latest alteration if any. conforming to specification No. IRS: T1/66 with latest amendment if any. Each set comprises of the following: (i) Joggled fish plates as per RDSO drg. no. T-4016 = 2 nos. (ii) Clamps to RDSO drg. no. T-4017 = 4 nos. and to RDSO drg. no. T-4017/1 = 4 nos. (iii) Bolts (25x290mm) with nuts as per RDSO drg. no. T-11524 =4 nos. (iv) Single Coil Spring Washer (T-10773) =4 Nos. (v) Plain Washer = 4 Nos. (d) Joggled Fish Plates hole type to be used for rail fracture BG for 60 Kg. as per RDSO drg. no.T-5849 along with bolts, nuts and all types of washers with latest alteration if any. conforming to specification No. IRS: T-1/66 with latest amendment if any. Each set comprises of the following: (i) Joggled fishplates as per RDSO drg. no. T-5849 = 2 nos. (ii)Bolts (25x180mm) with nuts as per RDSO drg. no. T-11513 =4 nos. (iii) Single Coil Spring Washer (T-10773) =4 Nos. (iv) Special Washer = 4 Nos. 2. Consignee Wise Quantity:Item (a) (i) Sr. Section Engineer (P.Way)/TD/N.E. Rly.,Izzatnagar - 200 sets. (ii) Sr. Section Engineer (P.Way)/TD/N.E. Rly.,Varanasi - 48 Sets. Item (b) (i) Sr. Section Engineer (P.Way)/TD/N.E. Rly., Varanasi - 386 Nos. Item (c) (i) Sr. Section Engineer (P.Way)/TD/N.E. Rly., Varanasi - 96 Sets Item (d) (i) Sr. Section Engineer (P.Way)/TD/N.E. Rly.,Varanasi - 200 sets. 3. Inspection authority:- RITES of the Circle. 4. Unit for quoting rate:- For item no. (a, c,& d)=Each set and for item no.(b)= Each No. 5. Period of Risk Purchase:- In respect of store the period of making risk purchase will be nine months instead of six months as provided in the clause 0702 (b) of IRS conditions of contract. 6. Price variation clause:- Tenderers should quote firm price. However, the tenderers desiring variation in the price arising from change in Iron and Semis prices may quote their rates on the understanding that the base rate will be adjusted for variation in the Signature of Tenderer Address Page 56 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 whole sale price index (WPI) sub-group index relating to Iron and Semis as existing two months prior to the month of inspection over that which was prevailing one month prior to the month of tender opening in ratio of 100:100. Admission of any claim in this regard will be subject to the supplier furnishing all the supporting documents. Note:- Unless the tenderer(s), separately and specifically quotes the applicability of price variation clause in his/their offers, it shall be presumed that the rates quoted by him/them are firm and final. 7. If tests on first sample pass no further action will be needed. If it fails, the firm’s production and inspection shall be stopped by a letter to all concerned and the firm will be advised to depute its representative to witness the opening of second sample at an appointed date and time. In case the firm’s representative does not turn up the sample shall be opened in the presence of a witness from outside Q.A. Civil Cell RDSO and tested. “In case the second sample fails, besides not making any payment for entire material passed and supplied against the particular Inspection Certificate, a penalty equal to 10% of the cost of the material against the particular Inspection Certificate or Rs. 1 lakh, whichever is less will be imposed. Payment will not be released for defective material irrespective of the fact whether the material has been used or not. The firm will be at liberty to take away the rejected material on recovery of payment already made and effecting the recovery of penalty. The part material belonging to the rejected lot, if used in track, shall be removed from the track and replaced with the good material supplied by the same supplier against any other Inspection Certificate or any other supplier for the safety of track. The cost of replacement of such rejected material will be to supplier’s account”. Signature of Tenderer Address Page 57 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 Annexure-II Proforma for Guarantee Bond for Security Deposit PLEDGED TO F.A. & C.A.O., N.E. RAILWAY, GORAKHPUR. B.G. Bond No. …………..……………… Date:-…………………………….……… Date of Validity:-……………………….. 1. The consideration of the President of India (hereinafter called “the Government”) acting through GM/Engineering/North Eastern Railway/Gorakhpur having agreed to exempt …..........................……… ……………………………. (hereinafter called “the said contractor(s)”) from the demand, under terms and conditions of an Agreement no. ………………………...................……………………………… dated ………....…. made between ……………..................................…………………….................. and ………………………….………………............. for ……...........…………………………….. (hereinafter called the “said agreement”), of security deposit for the due fulfilment by the said contractor(s) of the terms and conditions contained in the said agreement, on production of a bank guarantee for Rs…………… (Rupees …....................................................….………………………………… only) we ……………………………………………………………...……… (hereina fter referred to as” the Bank”) (indicate the name of the Bank) at the request of ………………….............……………… (contractor(s)) do hereby undertake to pay the Government an amount not exceeding Rs………………………………..…………… against any loss or damage caused to or suffered or would be caused to or suffered by the Government by reason of any breach by the said contractor(s) of any of the terms or conditions contained in the said agreement. 2. We ……………………………………….do hereby undertake to pay the amounts due and payable under (indicate the name of the Bank) this guarantee without any demur, merely on a demand from the Government stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Government by reason of breach by the said contractor(s) of any of the terms or conditions contained in the said Agreement or Signature of Tenderer Address Page 58 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 by reason of the contractor(s) failure to perform the said agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs……………………………………………...… 3. We undertake to pay to the Government any money so demanded not withstanding any dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding pending before any court or Tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the contractor(s)/supplier(s) shall have no claim against us for making such payment. 4. We ……………………………………………...... further agree that the Guarantee herein contained shall (indicate the name of the bank) remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till…………. Office/Department) Ministry of ……………………………… certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said contractor(s) and accordingly discharges, this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the …………………………. we shall be discharged from all liability under this guarantee thereafter. 5. We …………………….…………………... further agree with the Government that the Government shall (indicate the name of the bank) have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Government against the said contractor(s) and to forbear or enforce any of the terms and conditions relating to the said Agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said contractor(s) or for any forbearance, act or omission on the part of the Government or any indulgence by the Government to the said contractor(s) or for any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us. Signature of Tenderer Address Page 59 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 6. This Guarantee will not be discharged due to the change in the constitution of the Bank or the contractor(s)/supplier(s). 7. We ………………………………….….... lastly undertake not to revoked this guarantee duly its currency (indicate the name of the bank) except with the previous consent of the Government in writing. Date the…………………….Day of………………200.. For ….………………………....……………………….. (indicate the name of the bank) Signature of Tenderer Address Page 60 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011 Annexure-I Information regarding workload on Tenderer Tender Notice No.: Name of the firm/Vendor: P.Way Component: S. No. Item 1 Monthly production capacity of vendors as certified and circulated by RDSO. Orders on hand Contract Reference a) b) c) Details of tenders Tender already participated Notice for same component Details (Yet to be finalized) a) b) c) 2 3 Details Any other Remarks relevant information Balance quantity Date of completion Quantity tendered Status It is certified that the above information is true to the best of my knowledge till date and no information is suppressed. Railway is free to take action in case above information is found to be otherwise. ******End of Document******* Signature of Tenderer Address Page 61 of 61 O.T. No. 352/2011 (item No. 6) Due on 05-07-2011