DIVYESH BROTHERS PRIVATE LIMITED-MUMBAI

I/We engage to supply the Western Railway with the articles specified above upon the terms of the Indian Railway Standard Conditions of Contract (latest revision) and upon the terms of the Revised Special Conditions and Instructions for the Guidance of the Contractors issued by the Western Railway (Instructions to tenderers & General Condition of Contract revised on September 2021 version 2021/1) available at IREPS portal at link www.ireps.gov.in/ireps/upload/repository/railway/483/148/public/TenderConditionsVersion2021- 1.pdf.

Bulk order will be placed on the firm's having satisfactory past performance for the tendered item or similar item to any Zonal Railway/ PU.

Earnest Money Deposit [EMD] will be payable as per Rly. Board letter no.2004/RS(G)/779/11/PT Dtd. 23/12/2019. 1. Earnest Money Deposit (EMD) for stores Tenders: 1.1: There shall be no exemption from submission of EMD for any tender or by any tenderer except following: [a] EMD shall normally not be called against limited tenders with estimated value up to Rs. 25 Lakhs (including single tenders, global limited tenders) If considered necessary, authority competent to issue tender may incorporate thecondition to call for EMD even in such limited tenders, on case to case basis. (b)Micro & small Enterprises (MSEs) registered for the tendered item in terms of Railway Board%u2019s letter no.2010/RS (G)/363/1 dated 05/07/2012 (c) Other Railways and Government Departments in terms of Railway Board letter no. 2004/RS(G)/779/11 dated 24/07/2007 (d) Indian ordinance Factories in termsof Railway Board letter no. 92/RS (G)/363/1 dated 08/04/1993 (e) PSUs owned by Ministry of Railways and PSUs for the group of items that are manufactured by them in terms of Railway Board%u2019s letter no. 2003/RS(G)/779/5 dated 10/09/2004. (f) Vendors registered with Railways for the trade group of the item tendered. (g) Vendors appearing on the approved vendor lists of RDSO/Pus/CORE, subject to approval status being valid on the date of tender closing. (h) Vendors registered with Railways for supply of medicine, medical equipments and consumables shall be exempted from submission of EMD for these items. (i) In tenders issued against PAC, OEM in whose favour PAC has been issued shall be exempted from submitting EMD. KVIC and ACASH shall be exempted from EMD for items supplied by them. 1.2 :Offers submitted without EMD shall be summarily rejected 1.3 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 (ii) For Estimated value of tender above Rs. 50 Cr. EMD will be Rs. 50 Lakhs. 1.4 All vendors exempted from submission of EMD as per above paras, shall be required to sign a bid security declaration in IREPS as follows- I/we hereby understand and accept that if I/we withdraw of modify my/or bid duringthe period of validity, of if I/we are awarded the contract and on being called upon to submit the performance security/Security Deposit, fail to submit the performance security/Security Deposit before the deadline defined in the request for bid document /Notice Inviting Tender, I/we shall be debarred from exemption of submitting Bid Security/Earnest Money Deposit and performance security/Security Deposit for a period of 6 (six) months, from the date I/we are declared disqualified from exemption from submission of EMD/SD, for all tenders for procurement of good issued by any unit of India Railways published during this period.

Security Deposit: The rate of SD, exemptions and other conditions will be as per Para 8 of Instructions to tenderers & General Condition of Contract, revised on September 2021 version 2021/1 available at IREPS portal at link www.ireps.gov.in/ireps/upload/repository/railway/483/148/public /TenderConditionsVersion2021-1.pdf. and https:// indianrailways.gov.in/railwayboard/uploads/directorate/stores/downloads/circular/2021/Security- Deposit-31122021.pdf

ADVANCE ACCEPTANCE/COUNTER OFFER AND DELIVERY PERIOD: The delivery period in Store Procurement cases shall be reckoned from the date of issue of Advance PO/Letter of Advance Acceptance/Letter of Acceptance.

LIQUIDATED DAMAGE (LD) ON DELAYED SUPPLY: For delayed supplies, 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 LD in supply contracts is 10%(ten percent) of the value of contract irrespective of delays, unless otherwise provided, specifically in the contract.

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.

By consignee

All the bidders/tenderers should ensure that they are GST compliant and their quoted tax structure/ rates are as per GST Law. Successful tenderer should submit an undertaking that he will pay GST collected from Railway within due date and upload the payment details in GSTIN to enable Railway (purchaser) to obtain input tax credit. In case the successful tenderer is not liable to be registered under CGST/IGST/UTGST/SGST Act, The railway shall deduct the applicable GST from his/their bills under reverse charge mechanism (RCM) and deposit the same to the concerned tax authority. Bidders are instructed to quote correct HSN No. and corresponding GST rate.

Collection back scheme for packing waste under swm: collection of non-biodegradable solid waste after successful delivery of the product / material from consignee place will be arranged by the supplier.

Warranty/Guarantee: 30 Months or as per IRS terms and conditions of contract or Specification whichever is higher.

Make in India policy : This tender is issued as per public procurement policy 2017 or latest issued by GOI. Consideration of offers and classification of firms under Make in India policy will be done accordingly.

MSME Instructions:- [1] As per Latest guidelines of The Ministry of MSME, Govt of India, All benefits shall be extended to MSE if they are having UDYAM Registration certificate.Please submit the Udyam certificate along with offer otherwise offer will not be considered for any benefit applicable to MSE firms. UAM /NSIC/DIC or any other documents are not valid for consideration for benefit to MSE. Please ensure to submit Udyam Certificate alongwith offer. [2] Please submit complete Udyam certificate indicating social status of the MSE. [3] MSE benefit will not be given to the traders/dealers. [4] Medium scale enterprise shall clearly indicate the date of upgradation to Medium scale from Micro or small enterprise otherwise they will not be considered benefit under MSE scheme.

Risk purchase clause shall not be applicable.

The Evaluation criteria for this tender will be on total value. Tenderer should quote firm price. No. price variation will be acceptable The offers shall be evaluated based on the GST rate as quoted by each bidder and same will be used for determining the inter se ranking. While submitting offer, it shall be the responsibility of the bidder to ensure that they quote correct GST rate and HSN number. Purchaser shall not be responsible for any misclassification of HSN number or incorrect GST rate if quoted by the bidder.

Firms must quote for destination rates, movement by road only, clearly indicating transport charges. Tenders not accepting these terms are likely to be passed over without any further reference to the firm. Transit risk will be to contractors account.