MODIFIED EQUILISING DEVICE

Bulk order will be placed on sources who have successfully supplied atleast 20% of the tender quantity for same/similar item to any of Indian Railway production unit or Zonal Railways against single or multiple Purchase orders in last 3 Financial Years and current Financial year up to the date of tender closing. Firm must upload documentary evidence regarding the past successful supply performance like copies of Receipt Note, Inspection Certificate, Completion Report etc. along with the offer. Other offers with successful supply performance of same/similar item but not meeting the minimum 20% limit shall be considered for developmental order subject to maximum 20% of net procurable quantity. Tenderers to note that non- submission of required documents for performance shall be taken as they do not possess any past performance and/or capacity, and their offer is likely to be passed over without any back reference. However, successful supplier in WR against stock demand of this item are exempted from attaching the proof of supply performance.

Procurement from (OEMs) manufacturers or authorized agent/dealer: 2.0 Either OEM should quote directly or OEM can authorize and give Tender Specific Authorization to its Agent / dealer to quote on their behalf. 2.1 The authorized dealer should submit valid tender specific authorization, along with the offer, failing which their offer will be liable to be passed over. 2.2 Trader / Authorized dealer should mention name of Manufacturer along with complete address for inspection of material at OEM Premises in line with Tender Terms and General Conditions VERSION June 2024 issued by the Western Railway,

The tender will be governed by Railway Board letter No.2020/RS(G)/779/ 2 dtd. 12/06/20 and 2015/RS(G}/779/5(Vol.l) dated 24/09/2020 & 2015/ RS(G)/779/5(Vol.III) dated 12.07.2020 for Public Procurement (Preference to Make in India). Since, there is sufficient local capacity and competition in supply of the tendered item of required quality and therefore public procurement of the item is restricted to Class I local suppliers only and the vendors who do not qualify to be Class I local suppliers should not quote in the tender as their offers shall not be considered for any ordering. In case any vendor who does not qualify to be a Class I local supplier for the tendered item participates in the tender it does so at its own risk and cost and Railways shall not be liable for any loss or damage caused to the vendor.

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.

Inspection: Consignee-Inspection. Inspection shall be carried out by Third party Agency as per annexure attached. Shall normally be for PO Valuing more than 5,00,000/-. Inspection place is to be indicated by tenderer with complete address.

SECURITY DEPOSIT (SD): 1.0 All successful tenderer shall deposit Security Deposit (SD) amount @5% of contract value rounded off to nearest higher Rs.10, subject to maximum Rs. 50 lakhs for contract value up to Rs 50 Cr. In case of contract value above Rs.50 Cr., SD will be Rs 1 Cr. 2.0 There shall be no exemption from submission of Security Deposit (SD) for any tender or by any tenderer except following: i. Other Railways and Government Departments. ii. Vendors registered with Railways for the trade group of the item tendered for orders valued up to their monetary limit of registration. iii. Vendors appearing on the approved vendor lists of RDSO, subject to approval status being valid on the date of tender closing. 3.0 Security Deposit (SD) shall remain valid for a period of 60 days, beyond the date of completion of all contractual obligations. 4.0 SD from successful tenderer should be received in purchase office within 21 days from the date acceptance letter issued by purchaser. In the event of successful tenderer (s) failing to deposit/submit SD in acceptable form within the prescribed period as aforesaid, the EMD submitted by such successful tenderers shall be automatically adjusted towards SD. In case where available EMD amount is less than required SD and the successful tenderer does not deposit the balance SD amount within stipulated time, then EMD shall be forfeited and case be dealt with as that of withdrawal of offer by the tenderer.

SECURITY DEPOSIT (SD): 5.0 Wherever SD has been exempted, for any reason, and the supplier fails to supply goods as per conditions of contract, as amended from time to time, Purchaser shall have right to levy damages from the supplier for failing to comply with the contractual conditions, not by way of penalty, an amount equal to SD amount, as would have been applicable if the contract was with a non-exempted vendor. These damages shall be treated as recoveries outstanding against the vendor and dealt with accordingly. 6.0 Apart from claiming damages from vendors, in case of failure to comply with the contractual obligations, Railways shall record poor performance of the vendors for taking suitable penal action. 7.0 SD can be submitted in following format: a. DD in the name of Chief Cashier/WR/CCG. b. Fixed Deposit Receipt duly discharged and stamped in favour of FA&CAO(S) (Stock items) Or FA&CAO(X) (Non stock Items) Or FA&CAO(C) Churchgate, Western Railway as the case may be. c. Bank guarantee: In case Bank guarantee is submitted by supplier/ contractor, the same should be in the proper prescribed format for BG as per Annexure available on web site www.ireps.gov.in website link Western Railway/PCMM. The stamp duty shall be @Rs.5/- per thousand or part thereof for the amount secured for such deed. The title holder of the BG shall be President of India acting through the PFA/CCG. 8.0 Risk Purchase clauses shall not be applicable.

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) against UDYAM certification. (b) Other Railways and Government Departments. (c) Vendors registered with Railways for the trade group of the item tendered.

Liquidated Damages : Recovery of Liquidated Damage (LD) shall be levied @ 1/2% (half percent) of the price of the store per week or part of the week during which delivery is accepted and the upper limit for recovery of Liquidated Damages in Supply Contracts is 10 Percent of value of contract irrespective of delays, unless otherwise provided, specifically in the contract

ROAD DELIVERY:-In case of Road delivery, the date of delivery at destination (Consignee end) Shall only be treated as delivery date irrespective of F.O.R./F.O.T. condition mentioned elsewhere in the contract/tender.

MSE Clause:- Please indicate whether you are a Micro & Small Enterprises (MSE) with UDYAM certificate. Please also indicate whether the Enterprise is owned by SC/ST or women. Bidder is also required to submit UDYAM Certificate. The 25 % quantity shall be considered for award to MSEs including quantity for women owned MSEs & for SC/ST owned MSEs as per extant rules. The benefit of MSE policy shall only be considered if valid UDYAM certificate. If documents are not uploaded, this benefit will not be given to tenderer. Classification of Enterprise as Micro, Small or Medium Enterprise shall only be considered on the basis of UDYAM Certificate.

Firm to note that single use plastic should not be used in packing, if material to be supplied otherwise it will be rejected. Collection of non-biodegradables old waste after successful delivery of the product/material from consignee place will be arranged by the supplier.

Firm should offer their quotation consignee wise and also deliver the quantity consignee wise as per delivery schedule mentioned in tender condition. Offers for delivery location/schedule other than tender condition are likely to be passed over.

VALIDITY OF OFFER: Tenderers to quote minimum 90 days validity of offers.

LAND BORDER CONDITION (A): Attention of the bidders is drawn to Special conditions regarding restrictions on procurement from a tenderer (bidder) of a country, which shares a land border with India, attached with this tender. Bidders should note that compliance to LAND BORDER CONDITION (B) of this tender schedule is mandatory. Bidders are required to attach evidence of valid registration, if applicable to them. Non-compliance shall result in summary rejection of their offer. Any false declaration and non-compliance of the above would be a ground for immediate termination of the contract and further legal action in accordance with the laws.

LAND BORDER CONDITION (B): "I have read and understood Special conditions regarding restrictions on procurement from a tenderer (bidder) of a country, which shares a land border with India, attached with this tender. I certify that this bidder is not from such a country or, if from such a country, has been registered, with the Competent Authority. I hereby certify that this bidder fulfils all requirements in this regard and is eligible to be considered. Where applicable, evidence of valid registration by the Competent Authority shall be attached.

Warranty: Applicable as per IRS contract condition.