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Special Eligibility Criteria

1. 1

   1) Material shall be procured from Railway Board approved sources for the tendered item only. 2) The firm should quote BRAND approved by Railway Board only. 3) Purchase Orders will only be issued to firms whose quoted products are listed among the eligible number of products approved by the Railway Board.

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2. 2

   1) Procurement shall be made from (OEM) or the authorized agent / dealer. 2) Either OEM should quote directly or OEM can authorize and give Tender Specific Authorization to its Agent / dealer to quote on its behalf. 3) The authorized dealer shall submit valid tender specific authorization certificate along with the offer as per enclosed format attached as Annexure-IV of WR e-tender document(Global tender), failing which their offer shall be summarily rejected.

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3. 3

   Earnest Money Deposit (EMD): (1) EMD shall be submitted by tenderer as specified in tender schedule, along with their online offer. There shall be no exemption from submission of EMD for any tender or by any tenderer except those exempted. (2) Exemption to submit EMD will be given in the following cases :(a) Micro and Small Enterprises (MSEs) registered with valid UDYAM certificate. (b) Other Railways and Government Departments. (c) Indian Ordnance Factories. (d) PSUs owned by Ministry of Railways and PSUs for the group of items that are manufactured by them. (e) Vendors registered with Railways for the trade group of the item tendered. (f) Vendors appearing on the approved vendor lists of RDSO/ PUs/CORE, subject to approval status being valid on the date of tender closing. (g) Vendors registered with Railways for supply of medicine, medical equipment and consumables for which they are on the approved list. (h) In tenders issued against PAC, OEM in whose favour PAC has been issued (i) KVIC and ACASH for items supplied by them. Offers submitted without EMD shall be summarily rejected. EMD amount will be as (Rounded off to nearest higher Rs 10 (Ten)- (i) For Estimated value of tender above Rs. 25 Lakhs and upto Rs.50 Cr. EMD will be @2% of the estimated value of the tender subject to Max. Rs 20 Lakhs. (3) Other terms & conditions of EMD shall be para 0400 to 0406 of Section-I of part-I and para 0300 to 0307 of section-II of part-I of WR e- tender document (global tender) attached below.

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Commercial-Compliance

1. 1

   MSE Clause:- (a) (I) MSE participating in the tender as stipulated at para (b) below , will be exempted from payment off Earnest Money. (II) In tenders participating MSEs, as para (b) below quoting as price within price band of L-1 + 15% shall be allow to supply a portion of the requirement by bringing down their price to L-1 price in a situation where L-1 price is from someone other than MSE and such MSEs can together be ordered upto 25% value out of the net procurement quantity. (b) (I) MSEs, who are interested in availing themselves of these benefits, will enclosed with their offer a copy of Udyam Registration certificate only. MSE benefits will not be admissible based on any other document. (II) Further, as per Gazette notification Dt.18.10.2022, in case of an upward change in terms of investment in plant and machinery or equipment or turnover or both, and consequent re-classification, an enterprise shall continue to avail of all non- tax benefits of the category (micro or small or medium) it was in before the reclassification, for a period of three years from the date of such upward change. All MSEs shall be eligible for benefits of public procurement policy irrespective of product category under with MSEs are registered. However, traders/authorized dealers will not be eligible for such benefits. (III)The 25% quantity shall be considered to MSE including quantity for women owned MSEs & for SC/ST owned MSEs as per extant rules and only be considered if valid certificate issued by nominated agencies is uploaded along with offer. If documents are not uploaded this benefit will not be given totenderer. Only OEM/Manufacturers will be given benefit of MSE, Trader/Authorised dealer are excluded from the purview of this Policy."

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2. 2

   SECURITY DEPOSIT (SD): 1.0 After an advance acceptance to tender is issued by the Purchaser, the contractor shall furnish a Performance Guarantee Bond in the pro-forma attached (Annexure-X) from a Nationalised Indian Bank within 21 days from the receipt of the advance acceptance of the tender by the Contractor for an amount equivalent to 5% of the value of the contract. In the case of foreign contracts, the performance Guarantee Bond from a commercial bank of the Contractor's country can be accepted only if the Bond is furnished after getting it fully counter-signed by the Reserve Bank of India/State Bank of India, New Delhi or by any Nationalised Indian Bank. The expenses to be incurred for the counter signature shall be borne by the Contractor 2.0 There shall be no exemption from submission of Security Deposit (SD) for any tender or by any tenderer except following: i. The Contract value up to Rs.25 (twenty five) lakhs. ii. Other Railways and Government Departments. iii. Indian Ordnance Factories. iv. PSUs owned by Ministry of Railways and PSUs for the group of items that are manufactured by them. v. In tenders issued against PAC, OEM in whose favour PAC has been issued. vi. KVIC and ACASH for items supplied by them. vii. Vendors registered with Railways for the trade group of the item tendered for orders valued up to their monetary limit of registration. viii. Vendors appearing on the approved vendor lists of RDSO/PUs/CORE, subject to approval status being valid on the date of tender closing. ix. Vendors registered with Railways for supply of medicine, medical equipments and consumables for these items. 3.0 If the Contractor, having been called upon by the Purchaser to furnish Performance Guarantee Bond fails to furnish the same, it shall be lawful for the Purchaser to cancel the Letter of Award and to recover from the Contractor the amount of such security deposit by deducting the amount from the pending bills of the Contractor under any other contract with the Purchaser or the Government or any person contracting through the Purchaser or otherwise howsoever, duly adjusting the Earnest Money deposit, if any, made by the contractor. 4.0 If the contractor during the currency of the Contract fails to maintain the requisite security deposit, it shall be lawful for the purchaser at its discretion (a) to terminate the Contract for Default besides availing any or all contractual remedies provided for breaches/default, or (b) without terminating the Contract: (i) to recover from the Contractor the amount of such security deposit by deducting the amount from the pending bills of the Contractor under the contract or any other contract with the Purchaser or the Government or any person contracting through the Purchaser or otherwise howsoever, or (ii) treat it as a breach of contract and avail any or all contractual remedies provided for breaches/ default.

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3. 3

   SECURITY DEPOSIT (SD): 5.0 The Purchaser shall be entitled and it shall be lawful on his part to forfeit the amount of the Performance Guarantee Bond in whole or in part in the event of any default, failure or neglect on the part of the Contractor in the fulfillment or performance in all respects of the contract under reference or any other contract with the Purchaser or any part there of to the satisfaction of the Purchaser and the Purchaser shall also be entitled to deduct from the amount of the Performance Guarantee Bond any loss or damage which the Purchaser may suffer or be put by reason of or due to any act or other default, recoverable by the Purchaser from the Contractor in respect of the contract under reference or any other contract and in either of the events aforesaid to call upon the Contractor to maintain the amount of Performance Guarantee Bond at its original limit by furnishing fresh Bank Guarantee of additional amount, provided further that the Purchaser shall be entitled to recover any such claim from any sum then due or which at any time there after may become due to the Contractor under this or any other contracts with the Purchaser. 6.0 In the event of any amendment issued to the contract, the contractor shall furnish suitably amended value and validity of the Performance Security deposit in terms of the amended contract within fourteen days of issue of the amendment. 7.0 On completion of the contract in all respects the Performance Guarantee Bond will be returned to the Contractor without any interest. 8.0 The Performance Guarantee Bond and or any amendment thereto shall be executed on a stamped paper of requisite money value in accordance with the laws of the country in which the same is/are executed by the party competent to do so. The Performance Guarantee Bonds executed in India shall also be got endorsed by the Collector under Section 32 of the Indian Stamp Act, 1899, as amended from time to time, for adequacy of the Stamp Duty by the Contractor.

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4. 4

   Bidders shall also give Declaration as below:- " I/We agree to pass on such additional input tax credit as may become available in future under GST scheme, in respect of all the inputs used in the manufacturing and/or supply of final goods/services on the date of supply by way of reduction in price and advise the purchaser accordingly"Bidders shall also give Declaration as below:- " I/We agree to pass on such additional input tax credit as may become available in future under GST scheme, in respect of all the inputs used in the manufacturing and/or supply of final goods/services on the date of supply by way of reduction in price and advise the purchaser accordingly".

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5. 5

   The bidders should quote the applicable HSN codes and it is the responsibility of the tenderer to quote the correct HSN code and upload the document.

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6. 6

   The Bidder agrees to supply the tendered stores at the rates quoted by him in accordance with the Standard Governing Conditions of this tender.
7. 7

   An Indian Agent quoting in INR on behalf of a foreign Principal/OEM should submit a copy of Invoice/Proforma Invoice from OEM along with their offer as well as should undertake to furnish all import documents

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8. 8

   All bidders shall confirm declaration as below in compliance of restrictions under Rule 144 (ix) of GFR-2017 and as per term and condition of WR e- tender (Global tender) :- a) I have read the clause regarding restrictions on procurement from a bidder of country which shares a land border with India. b) I certify that this bidder is not from such a country or, if from such a country, has been registered with the competent authority. c) I hereby certify that this bidder fulfills all requirements in this regard and is eligible to be considered. (Where applicable, evidence of valid registration by the competent authority is attached). d) I have read the clause regarding restrictions on procurement from a bidder having Transfer of Technology (ToT) arrangement. I certify that this bidder does not have any ToT arrangement requiring registration with the competent authority" OR "I have read the clause regarding restrictions on procurement from a bidder having Transfer of Technology (ToT) arrangement. I certify that this bidder has valid registration to participate in this procurement." If the bidder fails to give such declaration, as above, then it will be presumed that the contents of above declaration have been read and unconditionally agreed and accepted by the tenderer. If any tenderer is not agreeable to this declaration they have to categorically mention about the disagreement in Techno Commercial Deviation .

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9. 9

   Public Procurement (Preference to Make in India)policy shall be applicable as per para 1401 of Part-I, section-I of WR e-tender document (Global tender) attached herwith or as per any other instructions issued by Railway Board pertaining to make in India policy..
10. 10

    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.

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General Instructions

1. 1

   Liquidated Damages and Denial Clause in delivery period extensions will be applicable as per WR e-tender document (Global tender) attached to Tender.

1. 1

   Bidder to quote Offer validity minimum 150 days from the date of opening of the tenders else offer will be summarily rejected.