Design, Supply, Installation, Testing, Commissioning and Proving of Universal Servo Hydraulic Shock Absorber Testing Machine for WAG-9H, WAP-7 locos with all concomitant accessories with five years CAMC at Electric Loco Shed, Kanpur.

All the bidders/tenderers are advised to quote their offer rates at e-tendering schedule only. Any other document(s) in reference of offer rates, except undertaking asked, shall be treated as null and void and will not be considered for evaluation of offer. Bidders should ensure that their offer rates are inclusive of GST as per extant rules, transportation charges and all other charges/taxes, royalties payable by the contractor{s} to the Government or public body or local authority and no additional amount will be paid or claim entertained on this account by the Railway.

Firm has to submit bank details such as Name of the Bank along with Bank Branch code, account No., IFSC Code and PAN Number as per the format as ANNEXURE-I duly certified by the branch of bank.

Tenderer should submit documents related to IREPS Code (Vendor ID), Registration details, TIN No., registered address, email ID, Mobile no., GST Registration No. etc.

This tender complies with Public Procurement Policy (Make inIndia) Order2017, dated 15/06/2017, issued by Department ofIndustrial Promotion andPolicy, Ministry of Commerce, circulatedvide Railway Board letter no.2015/RS(G)/779/5 dated 03/08/2017and 27/12/2017. A copy of PublicProcurement Policy (Make in India) Order 2017 is attached with descriptionname as "Public Procurement Order 2017" with this e-tender for reference.The tenderers are advised to go through the document and must quote accordingly.

Partnership Deeds, Power of Attorney etc.: (i)The tenderer shall clearly specify whether the tender is submitted on his own (Proprietary Firm) or on behalf of a Partnership Firm / company / Registered Society / Registered Trust etc. The tenderer(s) shall enclose the attested copies of the constitution of their concern, and copy of PAN Card along with their tender. Tender Documents in such cases are to be signed by such persons as may be legally competent to sign them on behalf of the firm, company, association, trust or society, as the case may be. (ii)In case tenderer is other than sole proprietorship firm, following documents shall be submitted by the tenderer: (a) Partnership Firm: The tenderer shall submit (i) a copy of Partnership Deed and (ii) a copy of Power of Attorney (duly registered as per prevailing law) infavour of an individual to sign the tender documents and create liability against the Firm. (b) Company registered under Companies Act-2013: The tenderer shall submit (i) the copies of MOA (Memorandum of Association) / AOA (Articles of Association) of the company; and (ii) A copy of Authorization/Power of Attorney issued by the Company (backed by the resolution of Board of Directors) in favour of the individual to sign the tender on behalf of the company and create liability against the company. (c)LLP (Limited Liability Partnership) Firm: If the tender is submitted on behalf of a LLP Firm registered under LLP Act-2008, the tenderer shall submit alongwith the tender- (i) a copy of LLP Agreement, (ii) a copy of Certificate of Incorporation; and (iii) a copy of Power of Attorney/Authorisation issued by the LLP Firm in favour of the individual to sign the tender on behalf of the LLP Firm and create liability against the Firm. (d) Registered Society & Registered Trust: The tenderer shall submit (i) a copy of the Certificate of Registration, (ii) Deed of Formation; and (iii) a copy of Power of Attorney in favour of the individual to sign the tender documents and create liability against the Society/Trust.(iii)If it is NOT mentioned in the submitted tender that tender is being submitted on behalf of a Sole Proprietorship firm / Partnership firm / Joint Venture / Registered Company etc., then the tender shall be treated as having been submitted by the individual who has signed the tender.(iv)After opening of the tender, any document pertaining to the constitution of Sole Proprietorship Firm / Partnership Firm / Registered Company/ Registered Trust / Registered Society etc. shall be neither asked nor considered, if submitted.(v)A tender from JV / Partnership firm etc. shall be considered only where permissible as per the tender conditions.(vi)The Railway will not be bound by any change in the composition of the firm made subsequent to the submission of tender. Railway may, however, recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the Contractor.

The tenderer whether sole proprietor / a company or a partnership firm / joint venture (JV) / registered society / registered trust / HUF / LLP etc if they want to act through agent or individual partner(s), should submit along with the tender, a copy of power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person, specifically authorizing him/them to sign the tender, submit the tender and further to deal with the Tender/ Contract up to the stage of signing the agreement except in case where such specific person is authorized for above purposes through a provision made in the partnership deed / Memorandum of Understanding / Article of Association /Board resolution, failing which tender shall be summarily rejected. A separate power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person, shall be submitted after award of work, specifically authorizing him/them to deal with all other contractual activities subsequent to signing of agreement, if required. Note: A Power of Attorney executed and issued overseas, the document will also have to be legalized by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is being issued. However, the Power of Attorney provided by Bidders from countries that have signed the Hague Legislation Convention 1961 are not required to be legalized by the Indian Embassy if it carries a conforming Apostille certificate. Reference Para 15 of IRGCC-2022 (Works Matter), otherwise their offer will be considered incomplete and shall not be considered.

The successful bidder shall have to submit a Performance Guarantee (PG) within 21 (Twenty one) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 21 (Twenty one) days and up to 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 12% per annum shall be charged for the delay beyond 21(Twenty one) days, i.e. from 22nd day after the date of issue of LOA. Further, if the 60th day happens to be a declared holiday in the concerned office of the Railway, submission of PG can be accepted on the next working day. In all other cases, if the Contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract is liable to be terminated. In case contract is terminated railway shall be entitled to forfeit Bid Security and other dues payable against that contract. In case a tenderer has not submitted Bid Security on the strength of their registration as a Start-up recognized by Department of Industrial Policy and Promotion (DIPP) under Ministry of Commerce and Industry, DIPP shall be informed to this effect. The failed Contractor shall be debarred from participating in re-tender for that work. Note : If the tender is accepted on the quoted rates of bidders which is below the advertised tender value an additional performance security shall be submitted by bidder as below : (a) Above/AT PAR/Below 0-5 % : 5% + Nil (Additional Performance Guarantee) = 5% (Total PG) (b) Below 5% : 5% + 5% (Additional performance guarantee)= 10% (Total PG)

One or more of the partners of the firm or any other person (s) shall be designated as the authorized person (s) on behalf of the firm, who will be authorized by all the partners to act on behalf of the firm through a "Power of Attorney", specially authorizing him / them to submit & sign the tender, sign the agreement, receive payment, witness measurements, sign measurement books, make correspondences, compromise / settle / relinquish any claim (s) preferred by the firm, sign "No Claim Certificate", refer all or any dispute to arbitration and to take similar such action in respect of the said tender / contract. Such "Power of Attorney" shall be notarized / registered and submitted along with the tender.

After opening of the tender, any document pertaining to the constitution of Sole Proprietorship Firm / Partnership Firm / Registered Company/ Registered Trust / Registered Society etc. shall be neither asked nor considered, if submitted.

In addition to Annexure V, in case of other than company/Proprietary firm, Annexure-V(A) shall also be submitted by each member of Partnership firm/Joint Venture (JV)/Hindu Undivided Family (HUF)/ Limited Liability Partnership (LLP) etc. as the case may be. Non-submission of above certificate(s) by the bidder shall result in summarily rejection of his/their bid. It shall be mandatorily incumbent upon the tenderer to identify, state and submit the supporting documents duly self-attested/digitally signed by which they/he is qualifying the qualifying criteria mentioned in the Tender Document and in tender document details.

PAYMENT CLAUSE: Payment will be made as per follows: (i) The total contract value shall be inclusive of Design, Supply, Installation, Testing, Commissioning, Proving, 02 years of Warranty and 05 Years of Comprehensive Annual Maintenance Contract (CAMC). (ii) The payment shall be regulated as under: (a) The 80% of total contract value shall be released only after successfully Design, Supply, Installation, Commissioning, Testing, proving and adjustment of all penalties, liquidated damages and other recoveries, if any. Note: - The payment shall be released after issuance of PTC. (b) The 20 % of total contract value shall be released after completion of warranty period of 02 years (i.e. 24 Months). For the above 20 % payment, contractor shall be submit declaration through an agreement that "after completion of warranty period of 24 months, the CAMC service of period i.e. 60 months shall be done by contractor. If the contractor seems to be failed to complete above CAMC as per requirement of consignee, the action shall be liable to be taken as GCC of works 2022 and the deposited PG and SD shall be forfeit as per rules".Note:- 20% payment shall be released only after submission of agreement.

It is extremely important to read the detailed PAYMENT CLAUSE. PENALTY CLAUSE along with SPECIAL CONDITIONS OF CONTRACT given as part -II in the attached document with description as "Tender Document Details" with this e- Tender.

The Bid Security shall be deposited either in cash through e- payment gateway or submitted as Bank Guarantee bond from a scheduled commercial bank of India or as mentioned in tender documents. The Bank Guarantee bond shall be as per Annexure- VIA and shall be valid for a period of 90 days beyond the bid validity period. In case, submission of Bid Security in the form of Bank Guarantee, following shall be ensured: (i)A scanned copy of the Bank Guarantee shall be uploaded on e-Procurement Portal (IREPS) while applying to the tender. (ii)The original Bank Guarantee should be delivered in person to the official nominated as indicated in the tender document within 5 working days of deadline of submission of bids. (iii) Non submission of scanned copy of Bank Guarantee with the bid on e-tendering portal (IREPS) and/or non submission of original Bank Guarantee within the specified period shall lead to summary rejection of bid.(iv)The Tender Security shall remain valid for a period of 90 days beyond the validity period for the Tender. (v)The details of the BG, physically submitted should match with the details available in the scanned copy and the data entered during bid submission time, failing which the bid will be rejected. (vi)The Bank Guarantee shall be placed in an envelope, which shall be sealed. The envelope shall clearly bear the identification "Bid for the ***** Project" and shall clearly indicate the name and address of the Bidder. In addition, the Bid Due Date should be indicated on the right hand top corner of the envelope. (vii)The envelope shall be addressed to the officer and address as mentioned in the tender document.(viii)If the envelope is not sealed and marked as instructed above, the Railway assumes no responsibility for the misplacement or premature opening of the contents of the Bid submitted and consequent losses, if any, suffered by the Bidder.

In case the bid security money is in the shape of Bank Guarantee then it should be supported by proper stamp duty, rate prescribed as per section 13 & 24 of the UP stamp Act, 2008 and amended from time to time at the time of submission of bank guarantee.

The option of payment through letter of credit (LC) has been enabled by Railway vide Railway board letter no. 2018/CE-I/CT/9 dated 04.06.2018, which is attached in the tender "LETTER OF CREDIT ARRANGEMENT". Tenderer is advised to read this document before quoting his offer. The conditions of Letter of Credit (LC) option are also given in the payment terms in the attached document with description as " Tender document details" with the e-tender.

Tenderer shall submit a copy of Declaration stating that no any Employee / Partner etc. is Retired Railway Employees of Gazetted Rank. (Format of declaration is attached as ANNEXURE-II).Non submission of ANNEXURE-II certificate duly signed along with date & stamp by the bidder, shall result in summarily rejection of his/their bid.

Firm has to mandatorily submit the Tender Form (First Sheet) as per GCC April -2022 dully filled in prescribed format (Format enclosed) along with his/their bid. Non-submission of above Tender Form (First Sheet) by the bidder shall result in summarily rejection of his/their bid.

Tenderers shall submit a copy of certificate stating that all their statements/documents submitted along with bid are true and factual. Standard format of certificate to be submitted by the bidder is enclosed as ANNEXURE-V. Non-submission of above certificate by the bidder shall result in summarily rejection of his/their bid. It shall be mandatorily incumbent upon the tenderer to identify, state and submit the supporting documents duly self-attested/digitally signed by which they/he is qualifying the Qualifying Criteria mentioned in the Tender Document.

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.

The cost of Bid Security as indicated in the NIT header shall be paid through online gate way/E-Payment facility provided on IREPS website only. In case payment of Bid Security is not successful during E-payment, the offer will be summarily rejected.

INSTRUCTIONS TO TENDERERS

The tenderer shall thoroughly go through the entire tender documents and strictly adhere the instructions and directions given at different pages.

Tender Document Cost is nil.

Unreleased Bid Security, if any, held with the Railway Administration, shall not be adjusted towards the Bid Security to be remitted.

All the required/supporting documents should be scanned and uploaded. All the document uploaded should be duly signed along with date and stamp.

If the Tenderer(s) deliberately give(s) wrong information/ incorrect documents in his/their tender or create circumstances for the acceptance of his/their tender, the Railway reserves the right to reject such tender at any stage. The entire Bid Security and any other dues available with Railway against that contract will be forfeited. Action will be taken to suspend the business with the tenderer for a period of two year. In addition, Administration reserves the right to prosecute under suitable law.

All terms and conditions in the tender documents are binding on the Tenderers.

Railways reserves the right to accept or reject any or all the tenders and to award the work in whole or in part without assigning the reason for any such action.

The Tenderers are advised to visit the site of work in their own interest and acquaint themselves with the site conditions and expected quantum of work and assess all the site specific difficulties to be experienced while executing the same and the rate shall be arrived duly considering all the facts above and quoted in the tender. Any representation at a later date specifying the site difficulties shall not be considered.

The Bid Security shall be deposited either in cash through e- payment gateway or submitted as Bank Guarantee bond from a scheduled commercial bank of India or as mentioned in tender documents. The Bank Guarantee bond shall be as per Annexure- VIA and shall be valid for a period of 90 days beyond the bid validity period. In case the bid security money is in the shape of Bank Guarantee then it should be supported by proper stamp duty, rate prescribed as per section 13 & 24 of the UP stamp Act, 2008 and amended from time to time at the time of submission of bank guarantee.

The tenderer shall upload scanned copies of mandatory credential such as Experience, Turn over certificates and any other documents as applicable, all documents related to Partnership Deed/ Consortium/ MOU, should be up loaded at the time of submission of bid.

Opening of e-tender online:- The e-tenders will be opened online using the IREPS portal. No representative is required to be present for opening of tender and taking notes of rates quoted and ranking as the complete details of rates etc. of all the bidders shall be available to the bidders in the website after the opening of the tender.

In case the date of closing mentioned in the Notice Inviting Tender is declared a holiday/bandh/strike etc. on any account, the date of closing tender online will not be changed as the application in the website of IREPS does not permit submission of any offer after closing date and time of the tender. However, opening of tenders online will be on any convenient day after the closing date/time of tenders.

All the bidders / tenderers should ensure that they are GST compliant and their quoted tax structure / rates are as per GST Law ( Ref - Railway Board letter No.2008/RS(G)/777/1 Dated - 29/5/2017 )

The Contractor shall comply to all applicable labour laws and shall take all necessary precautions to ensure and preserve the health and safety of all staff deployed by him for this purpose.

The Railway reserves the right to verify all statements, information and documents submitted by the bidder in his tender offer, and the bidder shall when so required by the Railway, make available such information, evidence and documents as may be necessary for such verification. Any verification or lack of such verification, by the railway shall not relieve the bidder of its obligations or liabilities hereunder nor will it affect any right of the railway thereafter.

In case any wrong information submitted by the tenderer, the contract shall be terminated, Bid Security, Performance Guarantee (PG) and Security Deposit (SD) of contract forfeited and agency barred for doing business on entire Indian Railways for 2 (Two) years.

The Railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however, recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the Contractor.

General :- The contractor(s) shall observe all the formalities, perform all the acts and abide by all the provisions contained in the Contract Labour Act-1970 and Contract Labour Central Rules, 1971 which in addition to other stipulations provides that the contractor(s) shall obtain license(s) from appropriate licensing officer of the area before commencement of the work and shall produce a copy thereof along with the original to the Railway office, which will be returned to the contractor after verification

General :- If any complaint is received against the contractor regarding violation of contract laws, (exposing Principal Employer to the risk of legal proceedings under labour laws), the guilty contractor will be black listed and their contract shall be terminated following the due procedure, apart from initiating criminal proceedings against him with the help of Labour department officials. (Authority: RB letter no.2008/E (LI)/AT/CNR/3, dated 24.01.2018)