BRACKET

Special Eligibility Criteria

1. 1

   (1a) BULK ORDER: Bulk Order (Bulk Order is defined as minimum 80 % of net procurable quantity in a tender) shall be ordered on established sources having proven past supply performance as define below. For placement of bulk quantity order, the manufacturer firm must have successfully supplied minimum 20 % of the tendered quantity of the tendered item or similar item (similar item means tendered item of different drg./size) in a single purchase order or contract of Zonal Railways/ PUs/CORE during the period of three previous completed financial year and current financial year up to date of tender Closing. Successful supply shall mean acceptance of supply by consignee. (1b) DEVELOPMENTAL ORDER ON THE BASIS OF PAST PERFORMANCE: If such past supply performance level is lower than as required for bulk order (i.e. minimum 20 %), then the offer may be considered for placement of developmental order not exceeding to 20% of the net procurable quantity. For establishing above past Supply Performance (1a & 1b above), firms should submit documentary evidence certifying proof of supply performance, which shall be scanned copies of receipt notes or inspection certificates along with self-declaration by the bidder that supply has been accepted by consignee, Furnishing of false declaration shall render termination of contract and further action as per terms and conditions of contract or Consignee Receipt & Acceptance Certificate or Consignee Receipt Note or Supply Performance issued by Gazetted Officer of consignee along with offer. (1c) DEVELOPMENTAL ORDER ON THE BASIS OF OTHER CREDENTIALS: The tenderer who have no past performance as above may also be considered for such developmental order not exceeding 20 % of the net procurable quantity), but for procurable quantity), but for consideration of such offers, Tenderers must be able to demonstrate their Capacity-cum-Capability to manufacture the tendered item. For this, tenderer must submit the details of M&P, testing facility, QAP and ISO 9000 / 14000 / 18000 certificates if available, technical manpower available with them registration with other Government agencies or PSUs etc. or any other details as may be warranted as per the technical specification and drawing. Tenderers are to note that non submission of the documents to establish their eligibility for (1a) or (1b) or (1c) shall be taken as they are not having any such documents. Their offer shall be considered based on whatever documents are submitted by them with the offer and no back reference in this regard will be made to them.

   Document requiredConfirmation required
2. 2

   ONUS OF SUBMISSION OF REQUISITE DOCUMENTS: The onus of submission of requisite documents as given above for establishing their eligibility for bulk or developmental order lies with the tenderer. Tenderers are to note that non submission of the documents as detailed above shall be taken as they are not having any such documents. In case the tenderers do not submit the requisite documents as detailed abobe along with their e-offer, for stock items WCR reserves the right to decide the tender on the basis of their past supply performance records as per IMMS history sheet of WCR for the tendered item. In case of non-stock items, WCR reserves the right to decide the tender on the basis of WCR vendor performance available in IMMS for the tendered item. No back- reference in this regard will be made with the bidder.
3. 3

   TENDER SPECIFIC AUTHORIZATION: - Authorized agents of OEM must submit Tender Specific Authorization of the OEM. No back reference will be made in this regard & communication received after opening of tender will also not be entertained. The material supplied by the traders will be inspected at the OEM premises by the inspecting agency before supply. Neither one agent can represent two OEMs nor can one OEM authorize two agents. Purchaser reserves the right to reject both bids in such cases. In a tender either the Agent on behalf of the OEM or OEM itself can bid but both cannot bid simultaneously for the same item in the same tender. In cases where both OEM and their agent participate in bidding for same item, any or both the bids shall be liable to be rejected

   Document optionalConfirmation required

Commercial-Compliance

1. 1

   IN CASE BIDDER IS INDIAN FIRM OR FROM A COUNTRY THAT DOES NOT SHARE LAND BORDER WITH INDIA, SHALL CONFIRM AS UNDER:- I have read the clauses regarding restrictions on procurements from a bidder of a country which shares a land border with India as per Annexure F of WCRs e- TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver. 7.0, applicable w.e.f. 31.10.2022 with all corrigendum issued till date of tender closing.) with Ministry of Finance Order (Public Procurement No. 4), F. No. 7/10/2021-PPD(1) dated 23/02/2023 circulated vide OM No. F.7/10/2021-PPD dated 23.2.2023 (copy enclosed as enclosed document) ; I certify that this bidder (in whose behalf I am submitting this bid) is not from such a country which shares a land border with India (Note:- Indian firms and firms from countries not sharing border with India, may please confirm as YES)

   Confirmation required
2. 2

   IN CASE BIDDER FIRM IS FROM A FOREIGN COUNTRY THAT SHARES LAND BORDER WITH INDIA, SHALL SUBMIT CERTIFICATE AS UNDER:- I certify that this bidder (in whose behalf I am submitting this bid) is from such a country which shares a land border with India with regard to contents of Annexure F of WCRs e-TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver. 7.0, applicable w.e.f. 31.10.2022 with all corrigendum issued till date of tender closing.) with Ministry of Finance Order (Public Procurement No. 4), F. No. 7/10/2021-PPD(1) dated 23/02/2023 circulated vide OM No. F.7/10/2021-PPD dated 23.2.2023; and I further certify that this bidder has been registered with the Competent Authority. I hereby further certify that this bidder fulfils all requirements in this regard and is eligible to be considered. (Note 1; WHEREVER A BIDDER FROM SUCH A FOREIGN COUNTRY THAT SHARES BORDER WITH INDIA QUOTES, HE WILL NEED TO UPLOAD A COPY OF VALID REGISTRATION BY THE COMPETENT AUTHORITY (OR DOCUMENTARY EVIDENCE OF EXEMPTION AS PER NOTE 2 BELOW) WITHOUT WHICH THE OFFER SHALL BE SUMMARILY REJECTED.) (NOTE 2: Restrictions under this rule shall not apply to bids from such countries (even if sharing a land border in India) to which the government of India has extended lines of credit or in which the government of India is engaged in developmental projects. For updated lists of credit or in which line of credits have been extended or in which developmental projects are undertaken are given in the website of the Ministry of External affairs and in such firm will need to submit such documentary evidence.) The terms 'bidder' and 'bidder from a country which shares a land with India' shall be as defined in para II and III respectively of Annex III of Ministry of Finance Order (Public Procurement No. 4), F. No. 7/10/2021- PPD(1) dated 23/02/2023 circulated vide OM No. F.7/10/2021-PPD dated 23.2.2023.

   Document optional
3. 3

   Code of Integrity, Misdemeanor and Penalties :- I/We have carefully gone through the IRS conditions of contract (included and uploaded along with the bid document) particularly Para 2500 pertaining to "Code of Integrity, Misdemeanor and Penalties". I/We hereby certify that none of our sister concern or affiliates (such as having common partner/director/promoter/owner/holding company decision control etc.) have participated in this tender which can give rise to a conflict of interest or fall under anti-competitive practices. We understand that the offers of all such sister concern or affiliates including ours are liable to be rejected as per relevant provisions of IRS terms and conditions. I/We, affirm that we shall abide by the Code of Integrity in general, with specific reference to conflict of interest [Para 2502 (e)], anti competitive practices [Para 2502(c)] and obligation to proactive disclosures [Para 2503]. I/We understand that we are fully responsible for the above declaration and it shall not be the Railway's responsibility to verify the same. I/We are aware that we shall be liable for all consequences of violation of Code of Integrity, if detected, at any stage. (Note: - May confirm as Yes , to certify all the above certification. )

   Confirmation required
4. 4

   Code of Integrity, Misdemeanor and Penalties :-In case your confirmation in commercial compliance regarding Code of Integrity, Misdemeanor and Penalties is 'No', then provide/upload the names and addresses of your sister concerns or affiliates .

   Document optional
5. 5

   Jurisdiction of Court :- As per Para 2703 of IRS Condition of Contract 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.
6. 6

   Tenderer must indicate delivery schedule. Offers with longer delivery period with respect to the delivery period/schedule in the tender conditions may be ignored in the interest of the Railways.

   Confirmation required
7. 7

   PLASTIC WASTE MANAGEMENT RULE 2016:- It is certified that for execution of this contract, the plastic packing material or commodities which are made out of Compostable Plastic or Biodegradable Plastic shall be purchased from firms having certification by CPCB for manufacture or sale of plastic packing or commodities made from Compostable Plastic or Biodegradable Plastic as per rule 4 (4) of Plastic Waste Management rule 2016. It is also certified that we shall also not use any other category of plastic, such as Bio compostable or Oxo-degradable or Oxo-bio-degradable or the like, which are not recognized under Plastic Waste Management Rule 2016 with all amendments. ( Note:- May confirm as Yes, to certify all the above certification.)

   Confirmation required
8. 8

   Please enter the percentage of local content in the material being offered. Please enter 0 for fully imported items, and 100 for fully indigenous items. The definition and calculation of local content shall be in accordance with the Make in India policy as incorporated in the tender conditions.

   Document optional

Other Conditions

1. 1

   Inspection by Consignee (TPI, if PO value more than Rs.5.0 Lakh)
2. 2

   1. E-tender documents for supply contracts (ver 7.0, applicable w.e.f. 31.10.2022 with all corrigendum issued till date of tender closing) is available on Indian Railway e- procurement system (IRESP) Goods and service under documents. 2. IRS Conditions of Contract [latest amendment] will be applicable.

   Confirmation required
3. 3

   Statutory Variation:- Statutory Variation in taxes and duties, or fresh imposition of taxes and duties by State/ Central Governments in respect of the items stipulated in the contract (and not the raw materials thereof), within the original delivery period stipulated in the contract, or last unconditionally extended delivery period shall be to Railways' account. Only such variation shall be admissible which takes place after the submission of bid. No claim on account of statutory variation in respect of existing tax/duty will be accepted unless the tenderer has clearly indicated in his offer the rate of tax/duty considered in his quoted rate. No claim on account of statutory variation shall be admissible on account of misclassification by the supplier/ contractor.

1. 1

   The offer shall be kept valid for acceptance for a minimum period of 90 days from the date of opening of the tender. In case the tenderer stipulates validity period of less then 90 days, the offer may be treated as unresponsive and liable to be ignored.