DESIGN, SUPPLY, INSTALLATION AND COMMISSIONING OF NETRA INSTRUMENTATION SYSTEM

As per Eligibility Conditions document no. PLW/LDO/NETRA/EC/002 Rev-0 dated 27.02.2025.

Eligibility Criteria for regular orders is as per Para 4.1 of Eligibility Conditions document no. PLW/LDO/NETRA/EC/002 Rev-0 dated 27.02.2025. Regular order shall be placed on those Bidders who either as Single Entity (SE) or as a Group of Entities (GOE) (in case the offer is from Joint Venture (JV)/Consortium) has designed, manufactured and supplied Tendered or Similar-systems in India or anywhere in the world in last five years from date of tender opening and the Tendered or Similar systems supplied must be under successful commercial operation in Railways Projects (EMU/Metro/High Speed train/LRT Projects) for minimum two year ( Ref: Note 1) as on date of tender opening. A Performance Certificate in this regard issued by user Client (Ref: Note 2) , not older than 3 (three) Months from date of tender opening, should be attached with the offer. All other supporting Documents should be uploaded with the offer. OR Regular order shall be placed on Bidders either Single Entity (SE) or a Group of Entities (GOE) (in case the offer Is from Joint Venture (JV)/Consortium), who have valid Transfer of Technology (ToT) agreement with an established OEM for the Tendered or Similar systems. The established OEM shall have designed, manufactured and supplied Tendered or Similar systems in last five years and also shall have experience of successful commercial operations for minimum two years ( Ref: Note 1) in Railways projects (EMU/Metro/High Speed train/LRT Projects) in India or anywhere in the world from the date of tender opening. A Performance Certificate in this regard issued by Client (Ref: Note 2), not older than 3 (three) months from date of opening of this tender, should be attached with the offer. All other Supporting documents should be uploaded with the offer. Note 1: Bidder to submit performance as per Annexure E1. Note 2: Bidder to submit certificate from Client as per Annexure E2. Similar Systems means System with Proven Design of On board OHE monitoring system which includes OHE profile (height, stagger, thickness and gradient) measurement from a running train at speed of 160 kmph or above. Proven Design means- Designed, manufactured and supplied Similar system must be under successful commercial operation in Railways

Projects (EMU/Metro/High Speed train/LRT Projects) for minimum two year. In case bidder undergoes ToT agreement with OEM, an undertaking for an assurance, from the foreign OEM that they shall provide technical support for manufacturing, supply, testing, commissioning and after sale service up to the end of a warranty period and AMC period for the item supplied against this tender, shall be submitted along with the offer. The foreign OEM entering into ToT with Indian Firms for bidding shall not be eligible to participate in this tender separately. Transfer of Technology agreement should be legally bound in India, valid agreement, on mutually agreed consideration (to be brought out in agreement) in which the Nature and Scope of the Agreement between the parties are clearly specified. It should be signed by authorized signatory of the Foreign OEM and authorized signatory of Indian Firm in presence of two witnesses of either party. The Board Resolution of both companies authorizing the signatories to this effect should also be submitted for ascertaining the legal enforceability aspect of the agreement. The Scope of the Agreement must include following parameters: Confidentiality/Intellectual Property Protection Clause including issues relating to patents right, trademarks, local legislations on import of technology, foreign exchange, if any. The agreement should clearly specify the manner and time frame in which the technology for manufacture will be transferred by foreign OEM to his Indian counterpart. In all cases where the contract is placed utilizing the provisions of this Specific condition/ Clause of Transfer of Technology agreement the Contract shall be placed by INDIAN RAILWAYS only on the Indian party. However, since in such cases the offer of the Indian counterpart is considered mainly on the strength/ credentials/ assurance of Foreign OEM thus if there is a breach of contract in such cases then the Purchaser reserves the right to blacklist/ debar even the Foreign OEM for future tenders of Indian Railway/GOI (Govt. of India). In case of non-fulfillment of contract obligation by Indian firm who has been placed order against this tender based on Transfer of Technology agreement with foreign OEM, due to any issue attributable to foreign OEM, foreign OEM in addition to the Indian bidder will be liable to any legal action including blacklisting/ banning of business by GOI (Govt. of India). Note 1: There is a possibility that the Transfer of Technology agreement entered into by Foreign OEM and its Indian counterpart may not cover all the above aspects and they may have entered into another major/detailed contract which stipulates the above mentioned working conditions including the financial considerations. Although such major/detailed contract, if any, between the Foreign OEM and his Indian counterpart may not have a direct bearing on the rights and liabilities under the tender/ contract with the Purchaser, however, for proper knowledge and evaluation, ensuring the effective and appropriate performance of the contact and understanding the arrangement between the Foreign OEM and his Indian counterpart (and its ramifications for Purchaser), the copy of such contract documents containing information on above aspects in particular pertaining to Dispute Resolution, Terminations, Time Frame, Intellectual Property Rights/ Licensing, Methodology of Transfer of Technology and time frame in which the technology for manufacture will be transferred by Foreign OEM to his Indian counterpart should also be submitted along with the offer by the bidder to verify that terms of contract between Purchaser and the Indian Company are in consonance with terms of contract between the Foreign OEM and his Indian Counterpart.

Please mention HSN code of your quoted product and applicable rate of GST . Also attach your registration certificate of GSTIN.

Tenderers to quote on firm price basis. No price variation clause is applicable.

Firm should mention their type of industry like, MSE/Medium/LSI/PSU(Railway)/PSU(non Railway)/SC/ST/Women and attach relevant documents. If relevant documents are not attached by the bidder then the bidder will forfeit the claim or any such benefit accruing due to type of industry.

The bidders are required to submit the information in their bid [in format given in attached document of tender) about their sister-concerns (Name of Firm, Address, Phone No. and Email) who have participated in this tender themselves or through their authorized dealer/agent. If there is no sister- concern then also 'NIL' remark should be written. This information and declaration should be furnished as per format given in attached document of IBD in pdf. If it is found at any stage of tender/contract that there been wrong information or concealing of facts on part of bidder/supplier, it shall render the bid/contract liable for rejection/cancellation , in addition to other penal action which may be taken by Purchaser under provisions of laws governing the tender/contract.

Firm needs to confirm this clause:- "We hereby declare that in quoting the above price, we have taken into account the full effect of Input Tax Credit available under GST. We, further agree to pass an any financial gain/benifit as may become available in future in respect of all the input tax credit on the date of supply by way of reduction in price and advise the purchaser accordingly." We also undertake that we are aware of the provisions of section 171 of the CGST Act and consequences thereof if we fail to comply with the same.

The bidders to submit details of outstanding orders on them for this item.

The bidders to mention their monthly capacity for supplying this item to PLW.

For vendors appearing in UVAM, Postal address of the place where the item will be inspected shall be as per UVAM.However, other firms shall mention the full postal address of place where the item will be inspected

Bidder shall also give the details of location(s) at which local value addition is made. Please mention full postal address of place(s) where the item will be manufactured in India or where local value addition is made in India.

PUBLIC PROCUREMENT ORDER 2017- REVISION : Provisions laid down in public procurement order 2017 - revision as circulated by ministry of commerce and industry vide their letter dated.19.07.2024 (copy enclosed) shall be applicable. Clause 3(b) of the said order shall be applicable in this tender. Minimum local content for purchase preference shall be 50% and the margin of purchase preference shall be 20%. As per this policy only 'class-I local suppliers' and 'Class-II local suppliers' are eligible to bid. Public procurement of this item is restricted to Class I/Class II local suppliers only and the vendors who do not qualify to the Class I/Class II 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 a Class I/Class II local supplier for the tendered item participates, it does so at it's own risk and cost and Railways shall not be liable for any loss or damages caused to the vendor.

Firm needs to provide a certificate (as per Annexure-A-5.8 of IBD uploaded) from the statutory auditor or cost auditor of the company (in the case of companies) or from a practicing cost accountant or practicing chartered accountant (in respect of suppliers other than companies) giving the percentage of local content.

In terms of the provisions laid down in Para 10(d) of the Public procurement order 2017 -revision as circulate by ministry of commerce and industry vide their order no. P-45021/2/2017- PP(BE-II)-Part 4 Vol. II dated 19.07.2024 (uploaded as Annexure A- 5.7 of IBD), Entities of countries which have been identified by the ministries of Railways as not allowing Indian companies to participate in their Government procurement for any item related to this ministry shall not be allowed to participate in India for all items related to this Ministry, except for the list of items published by the Ministry permitting their participation. The term 'entity' of a country shall have the same meaning as under the FDI Policy of DPIIT as amended from time to time. "Bidders hereby confirms that the bidder has nothing to report to the Nodal Ministry in this regard."

Amended Rule 144 (xi) General Financial Rules (GFRs) 2017 is applicable as per Annexure A-5.9 of IBD(uploaded). Bidder must enclose a certificate as per annexure A-5.10 of IBD stating that "l 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, evidence of valid registration by the Competent Authority shall be attached. If such certificate given by a bidder whose bid is accepted is found to be false, this would be a ground for immediate termination and further legal action in accordance with law.

1.Separate rates to be quoted for Item- 1 and Item-2, as per break-up provided in Para-1 of and Eligibility Conditions DOC. NO. PLW/LDO/NETRA/EC/002 REV.0 DT. 27.02.2025 uploaded with tender. 2) Offers will be evaluated on the overall rates quoted for both the items; however, PO will be placed initially for Item-1 only, and the AMC will be entered into by RDSO after completion of warranty period. But the bidder will be bound to enter into AMC with RDSO, at the rates, contracted through this tender.

Chapter 4 of SPEC. NO. TI/SPC/OHE/NETRA/0143 (March 2022), A & C Slip No. 01 with Corr. slip No. 01 gives the details of the technical requirements of the instrumentation which should be read along with the other chapters of the specification.

Earnest money deposit (EMD) : 1. The bidder shall be required to submit EMD as stipulated in the NIT HEADER. Offers submitted without EMD shall be summarily rejected. However, those bidders complying with the provision mentioned in the para 1.23.1 of IBD are exempted from submission of EMD. Such bidders availing exemption are required to submit signed bid security declaration as per Annexure--5.6 of bid document. 2. Exemption for MSE will be applicable who attach/submit UDYAM Registration certificate irrespective of relevance of product category

The bidder needs to furnish clause-by- clause compliance of (i) RDSO Spec No. TI/ SPC/OHE/NETRA/0143 (MARCH 2022). (ii) Clause by clause comments of Eligibility Conditions as per Doc NO. PLW/LDO/NETRA/EC/002 REV.0 DT. 27.02.2025.(uploaded). They need to specifically comment on their acceptance or otherwise of the each clause of the specification.

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.

Prototype inspection shall be carried out jointly by RDSO and PLW as per specification No. TI/SPC/OHE/NETRA/0143 (March 2022), A & C Slip No. 01 with Corr. slip No. 01 OR LATEST ALONG WITH PLW DOCUMENT NO PLW/E/LDO/NETRA/Amd 01 dt. 12.11.2024. Routine inspection of balance quantity by Consignee. Stage Inspection: No

INSPECTION OF BOUGHT OUTS & CRITICAL RAW MATERIALS: 1) Inspecting Engineer of Inspecting Agency shall ensure that all the documents,i.e. Tax Invoice (priced or un-priced), Import documents (if any), Test certificates/WTC, Delivery Challan etc. of all the bought outs & Test certificates of critical raw materials, submitted by Principal firm or Sub vendor at the time of inspection are original and relate to each other in all respects as per requirement of the purchase order to ensure that the Bought Outs & critical raw materials have been genuinely procured from approved sources or as per PO. A copy of all such documents shall be uploaded & provided by the Inspecting Engineer along with the Inspection Certificate to PLW along with complete traceability records like Sr. No. /Make etc. Inspection Certificate issued without these documents will be considered as incomplete Inspection Certificate. 2) Firm should provide all the above stated documents as required by the Inspecting Engineer of Inspecting Agency for verification and uploading by the Inspecting Engineer along with the Inspection Certificate. Bills of the firm will not be passed with incomplete Inspection Certificate issued without these documents.