INDUSTRIAL COMPRESSED OXYGEN GAS

Special Eligibility Criteria

1. 1

   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 with minimum local content of 50% or more 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. THIS TENDER COMPLIES WITH PUBLIC PROCUREMENT (PREFERENCE TO MAKE IN INDIA), ORDER 2017-Revision Regarding issued by Ministry of Commerce and Industry order No. P-45021/2/2017-PP(BE-II) dated 16.09.2020. Tenders must furnish the information giving the percentage of local content. Please refer to para 1800 of WR bid document of INSTRUCTIONS TO TENDERERS FOR ELECTRONIC TENDERS AND GENERAL CONDITIONS OF TENDER Indigenous Purchases Version-14 of June 2024 attached with tender.

   Confirmation required
2. 2

   Procurement from (OEMs) manufacturers or authorized agent/dealer: Procurement from Authorized Agents/Dealers/Distributors etc. shall be as per para 0400 of Western Railway Bid Document (Indigenous Purchases), Version- 14 of June 2024. a) OEMs should quote directly preferably or an OEM can authorize and give Tender Specific Authorization (TSA) to its Agent / Dealer to quote on their behalf similar to proforma attached as Annexure-2. b) The Authorized Dealer/Agent should upload valid tender specific authorization, along with the offer, failing which their offer is liable to be passed over. c) Trader/Authorized Dealer should mention name of Manufacturer, make and complete address in their bid for inspection of material at OEM works. d) In a tender, either the authorized agent/dealer on behalf of the Principal/OEM or the Principal/OEM itself can bid, but both cannot bid simultaneously for the same item in the same tender and such bids will be summarily rejected. e) Further, against a particular tender, one Principal/OEM should not issue Tender Specific Authorization to more than one agent/ dealer. Such offers will be treated as ambiguous offers, the bidder(s) or their Principal/OEM will have no right to lodge any claim and such bids will be summarily rejected. f) If an authorized agent/dealer submits bid on behalf of a Principal/OEM, the same agent/dealer shall not submit a bid on behalf of another Principal/OEM in the same tender for the same item/product and such bids will be summarily rejected. g) In case tenderer participate as an authorized agent, then the performance as required above shall be that of the Principal, authorizing the agent. It may so happen that the agent. h) Traders/Authorized Dealers/ Agents are not eligible to avail the benefits extended to MSEs under the Public Procurement Policy. i) Authorized agent quoting on behalf of a manufacturer will not be exempted from remitting Earnest Money Deposit (EMD) / Security Deposit (SD), owing to any of the exemptions applicable to the manufacturer represented by them.

   Document optional
3. 3

   (i) Bulk or full order will be placed on manufacturers or its authorized agents who has successfully supplied tendered item, for quantity not less than 20 percent of total tendered quantity, to any Zonal Railway/PU in last three financial years (i.e., in FY 2023- 24, 2024-25, 2025-26) and current financial year up to date of tender closing. (Bulk Order is defined as minimum 80 % of net procurable quantity in a tender; Successful supply shall mean acceptance of supply by consignee) (ii) Firms not having adequate proven performance of tendered item i.e. have successfully supplied some quantity of tendered item but quantity supplied is less than 20 percent of total tendered quantity, can be considered for developmental order for maximum 20 percent of total tendered quantity. (iii) For establishing above past Supply Performance (i & ii above), firms should submit documentary evidence certifying proof of supply performance, which shall be copies of Consignee Receipt & Acceptance Certificate or Consignee Receipt Note or Supply Performance issued by Gazetted Officer of consignee along with offer. For stock items of WR, if the tenderer does not submit the requisite documents as detailed above along with their offer, WR reserves the right to decide the tender on the basis of their past supply performance records as available in iMMS of WR for the tendered item.

   Document required

Commercial-Compliance

1. 1

   WARRANTY / GUARANTEE :as per Para 1200 of Instructions to Tenderers for electronic tenders and General Conditions of tender available at IREPS https://ireps.gov.in/ireps/upload/repository/railway/483/148/public/InstructionstoTenderersandGeneralConditionsofTenderIndigenousVersion14_2.pdf

2. 2

   LD Clause: Recovery of Liquidated Damage (LD) shall be levied @1/2% (half percent) of the price of store per week or part of the week during which delivery is accepted and the upper limit for recovery of Liquidated Damages in supply contract is 10% (ten percent) of the value of delayed supply irrespective of delays, unless otherwise provided, specifically in the contract.Orders on developmental vendors shall be developmental orders and treated as such, specifically, with regard to applicability of liquidated damages for delayed supplies and levy of general damages as per Railway Board letter no-No. 2001/RS(G)/779/7 Pt 2 dated 25.06.2018.

3. 3

   Security Deposit : SD will be applicable as per para 0600 of Western Railway Bid Document (Indigenous Purchases), Version - 14 of June 2024 and clause no. 3.4 of IRS Condition of Contract, 2025. Bank Guarantee: As per proforma given in Annexure-5 of Western Bid Document (Indigenous purchase), version 14 of June 2024. Note:- Offers from firms not exempted and denying to pay Security Deposit will be summarily rejected

4. 4

   GST COMPLIANCE:- As per clause 0906 of INSTRUCTIONS TO TENDERERS FOR ELECTRONIC TENDERS AND GENERAL CONDITIONS OF TENDER Indigenous Purchases Version-14 of June 2024 or latest with all corrigendums and amendments, if any, issued before the tender closing date shall be applicable.

5. 5

   MSE: : MSE: The purchase preference to MSEs shall be considered as per para 1700 of Western Railway Bid Document (Indigenous Purchases), Version -14 of June 2024. Notes:- i) Criteria for classification of Enterprises based on investment and turnover vide Gazette Notification dated 26.06.2020, as amended time to time, issued by the Ministry of MSME is applicable in the tender. In case conditions contained in above notification contradict with any of the tender conditions, conditions contained in above notification, as amended, will prevail. ii) As per extant guidelines an enterprise registered as MSE firm with any other organization under the Ministry of Micro, Small and Medium Enterprises shall register itself under UDYAM Registration for getting MSE benefit under this clause. Classification of Enterprise as Micro, Small or Medium Enterprise shall only be considered on the basis of UDYAM Certificate. Vendors claiming to avail benefits and preferential treatment extended to Micro and Small Enterprises (MSEs) must necessarily upload relevant documents with their offer. i. e. complete UDYAM certificate indicating social status of the MSE. iii) MSE benefit will not be applicable for the traders/authorized dealers/agents. iv) Vendors claiming MSE benefits/preferential treatment, despite upward re-classification, must upload document confirming their MSE status within a span of 03 years preceding from the date of closing of the tender, else status of such vendors shall not be considered as MSE.

6. 6

   Earnest Money Deposit (EMD): Earnest Money Deposit shall be as per para 0500 of Western Railway Bid Document (Indigenous Purchases), Version -14 of June 2024. EMD is compulsory and offers without EMD, except those exempted will be summarily rejected. In para 0502, (vii) is added as "Vendors registered with Railways for the trade group of the item tendered". Vendors (other than those appearing on vendor panels of approving agencies) seeking exemption from EMD, shall have to attach scanned copy of requisite document along with offer in support of their claim for exemption, failing which their offer will not be considered eligible for exemption from EMD. An authorized agent quoting on behalf of a manufacturer shall not be exempted from remitting EMD owing to any of the exemption claimed. Bidders claiming exemption shall also be required to sign the Bid Securing Declaration as follows: - " I/We certify that, my/our offer is eligible for exemption from submission of Bid Security/Earnest Money Deposit, in terms of tender conditions. In case my/our claim to exemption from submission of Bid Security/Earnest Money Deposit is not found valid as per terms of the tender, I/We understand and accept that Railways has unquestionable right to summarily reject my bid and my offer shall not be considered for ordering. Further, I/We hereby understand and accept that if I/We withdraw or modify my/our bids during the period of validity, or if I/We are awarded the contract and on being called upon to submit the performance security/Security Deposit, fails 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 06 (six) months , from the date I/We are declared suspended disqualified from exemption from submission of EMD/SD, for all tenders for procurement of goods issued by any unit of Indian Railways published during this period "

7. 7

   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.

Other Conditions

1. 1

   Inspection By Consignee.
2. 2

   Firm shall submit their offer as per tendered delivery schedule.

   Confirmation required
3. 3

   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.

   Confirmation required
4. 4

   In case of dispatch by road date of actual receipt of material by consignee will be considered as date of supply.

   Confirmation required
5. 5

   Date of actual receipt of material by consignee will be considered as date of supply.

   Confirmation required
6. 6

   Make in India policy shall be applicable as per para 1800 of Western Railway Bid Document (Indigenous Purchases), Version-14 of June 2024. Bidders to submit details of location(s) where local value addition is made. In case no details are furnished, it will be presumed that the indicated works address(es) of manufacturing in India are the location(s) of local value addition.

   Document optional
7. 7

   Collection of non-biodegradable solid waste after successful delivery of the product/material from consignee place will be arranged by the supplier.

   Confirmation required
8. 8

   Firm must quote free at destination rates, movement by road only, clearly indicating transport charges. Tenderers not accepting these terms are likely to be passed over without any further reference to the firm. Transit risk will be to contractors account.
9. 9

   Evaluation Criteria: Unless specified otherwise, the Evaluation criteria for this tender will be item wise / consignee wise.

   Confirmation required
10. 10

    The bidder confirms that rates and other financial terms quoted in relevent columns of financial bid will only be ruling term for acceptance and each term quoted anywhere else should be ignored.(Denial of this condition not recommended.)

    Confirmation required
11. 11

    Tenderer should furnish his GSTIN with copy of registration with his offer.

    Document optional
12. 12

    Rates and other financial terms quoted in relevant columns of financial bid will only be ruling term for acceptance, and any portion of rates(i.e. freight, taxes, packing and forwarding etc.) quoted anywhere else will be ignored.(Denial of this condition not recommended).
13. 13

    Single use plastic shall not be used in packing or any other purpose.
14. 14

    Risk purchase shall not be applicable and para 3200 (ii) of Western Railway Bid Document Version-14 of June 2024 is deleted. Wherever, SD has been exempted, for any reason and the supplier fails to supply goods as per conditions of the contract, as amended from time to time, purchaser shall have the right to levy damages on 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.
15. 15

    The purchaser shall be entitled and it shall be lawful on his part to forfeit the SD in whole or in part in the event of any default, failure or neglect on the part of the contractor in the fulfilment or any other contract with the purchaser or any part thereof to the satisfaction of the purchaser. The purchaser shall also be entitled to deduct from the said deposits 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 security deposit as its original limit by making further deposits provided further that the purchaser shall be entitled to recover any such claim from any sum then due or which at any time thereafter may become due to the contractor under this or any other contracts with the purchaser. Wherever the supplies are to be delivered in more than one instalment/lot, each such instalment/lot forms a severable contract. In case of failure by contractor to meet deliveries for any instalment/lot, purchaser may cancel the contract for defaulted quantity by forfeiting SD commensurate to that instalment/lot. 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 as per extant instructions.

1. 1

   Validity of Offer: The offer should be valid for 90 days from the date of opening of tender. No deviation from the offer validity period stipulated in the tender schedule is permitted, Offers quoted with shorter validity shall be deemed as commercially unresponsive and shall be summarily rejected.

2. 2

   Land Border Conditions::A bidder from a country which shares a land border with India will be eligible to bid only if the bidder is registered with Competent Authority as specified in Para 1810 and Annexure-7 of Western Railway Bid Document (Indigenous Purchases), Version -14 of June 2024. Participation in tender will be considered that following certificate has been signed by all the bidders unless otherwise specifically mentioned in its offer "I have read the clause regarding restrictions on procurement from a bidder of a country which shares a land border with India; 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 fulfills all requirements in this regard and is eligible to be considered". (Where applicable the evidence of valid registration by the Competent Authority shall be attached.) Note: 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 law