PROCUREMENT OF NAVIGATED DRILL SYSTEM FOR SPINE SURGERIES OF ORTHOPEADIC DEPARTMENT OF DR. BAM HOSPITAL BYCULLA CENTRAL RAILWAY

Special Eligibility Criteria

1. 1

   The purchaser reserves the right to place order on firms which have satisfactorily executed at least one single purchase order of any Zonal Rly/PU/CORE/Central/State Government Hospital/Health Unit for the tendered item (or) any similar " NAVIGATED DRILL SYSTEM FOR SPINE SURGERIES OF ORTHOPEADIC DEPARTMENT" to similar Specification, within a span of last 05 years from the date of closing of this tender. Requisite documents such as (i) Receipt Notes/Proof of acceptance of item by the consignee and/or (ii) Inspection Certificate with self-declaration by the bidder that supply has been accepted by the consignee, in support of the above must be uploaded by the firms along with offer, Onus for Submission of which, rests with the bidder. Requisite documents in support of the above must be uploaded by the firms along with offer in terms of Clause 3.4.2 of the Section II of 'CENTRAL RAILWAY BID DOCUMENT (Updated) January 2024.Copies of relevant contracts to be submitted along with bid in support of having supplied the ordered item/s failing which the offer shall be summarily rejected. Furnishing of false declaration shall lead to termination of contract besides initiating further punitive actions as per the Law in vogue. In case, a tenderer does not submit the requisite documents, as above, it shall be taken as the firm is not having any such past performance and/or capacity and the tender will be decided on the basis of their past supply performance records as available with the Purchaser (if any) and no back reference shall be made in this regard. For similar machines, the supply equipment shall be the equipment with same or higher specification of "NAVIGATED DRILL SYSTEM FOR SPINE SURGERIES OF ORTHOPEADIC DEPARTMENT" only.

   Document requiredConfirmation required
2. 2

   As per Clause 2.0 of Special Conditions for Imported Medical Equipment, the following three scenarios apply for imported items. Bidders must carefully comply with the respective requirements as detailed in the referenced clauses of the Special Conditions document, as non- compliance with mandatory requirements shall lead to summary rejection. A. OVERSEAS OEM/MANUFACTURER QUOTING DIRECTLY AGAINST PCMM'S TENDER: A.1 Must comply with all tender conditions contained in the Bid Documents For detailed requirements, refer to Clause 2.1 of Special Conditions for Imported Medical Equipment B. OVERSEAS OEM/MANUFACTURER QUOTING DIRECTLY AGAINST PCMM'S TENDER INVOLVING INDIAN AGENT: B.1 Mandatory submission of legally tenable Agency Agreement between OEM and Indian Agent B.2 Agency Agreement must contain specified particulars including relationship details, mutual interests, commission details, services to be rendered, and agent's PAN B.3 Must disclose amount of commission/remuneration included in quoted price for Indian Agent B.4 Commission to be paid in non- convertible Indian Rupees only after satisfactory contract execution For detailed requirements, refer to Clauses 2.2.1, 2.2.2, 2.2.4, 2.2.5 of Special Conditions for Imported Medical Equipment C. AN INDIAN AGENT QUOTING IN INDIAN RUPESS (INR) ON BEHALF OF THEIR FOREIGN PRINCIPALS OR OEM/MANUFACTURER: C.1 Mandatory Tender Specific Authorization from foreign manufacturer C.2 Mandatory legally tenable Agency Agreement containing specified particulars including warranty obligations C.3 Must undertake to furnish all required import documents including customs documents, test certificates, and shipping documents C.4 Contractor bears all additional costs due to variations in Custom Duty, Freight charges, and Exchange Rates For detailed requirements, refer to Clauses 2.3.1, 2.3.3, 2.3.5, 2.3.6, 2.3.8 of Special Conditions for Imported Medical Equipment D. GENERAL CONDITIONS FOR ALL SCENARIOS INVOLVING AGENTS: D.1 An agent cannot submit bids on behalf of multiple OEMs for the same item D.2 OEM and its agent cannot bid simultaneously for the same item D.3 Agency commission shall not exceed 5% of FOB value and must be transparently declared For detailed requirements, refer to Clauses 4.1.2, 4.1.3, 4.1.7 of Special Conditions for Imported Medical Equipment IMPORTANT NOTE: Non-compliance with mandatory requirements marked with applicable clauses in the Special Conditions for Imported Medical Equipment shall cause SUMMARY REJECTION of the offer.

   Document requiredConfirmation required

Check List

1. 1

   This is an e-tender. Manual Offers/Bids for this tender will not be accepted under any circumstances, only electronic Offers/Bids shall be accepted.
2. 2

   Have you furnished the statement of deviations, if any?
3. 3

   Have you mentioned MAKE/BRAND of OEM ?
4. 4

   Have you kept your offer validity as per "Condition for Responsiveness of Offer"?
5. 5

   Have you attached relevant document for MSE if you claimed benefits and preferential treatment as MSE firm?
6. 6

   Additional checklist for offers from OEMs of foreign origin:- (i) Has the Overseas Manufacturer/Indian Agent (if any) submitted copy of Agency Agreement between the Manufacturer and the Indian Agent, if any, with complete details including details of services / after sales service to be rendered by them? (ii) Has the Overseas Manufacturer indicated complete name, address of the Agents and details of the services to be rendered by the agent and also disclosed full amount of Agency Commission/Remuneration payable to the Indian Agent, if any, if included in quoted rate which shall be paid by Central Railway in equivalent non- convertible Indian Rupees after satisfactory execution of contract and noted that any such payment in a currency other than INR is against Indian Laws? (iii) Is the agent will render after sales service? Confirmation that the agent has necessary infrastructure and competent staff to render the services rendered through agent.
7. 7

   Have you indicated the HSN code of your offered product?
8. 8

   Have you indicated the percentage of Local Content in the relevant column?
9. 9

   Have you submitted the details of location(s) where local value addition is made?
10. 10

    Have you carefully reviewed the contents of the Undertaking/Declaration regarding non-participation of sister concerns or affiliates in this tender as the submission of false information/declaration could lead to rejection of the bid.
11. 11

    Have you kept your offer validity as per "Condition for Responsiveness of Offer"?
12. 12

    Have you attached CA Certificate for the Local Content claimed, if you claim to be a "Class I Local Supplier"?
13. 13

    Have you submitted authenticated copy of the document authorizing the signatory to submit offer and commit on behalf of tenderers ?
14. 14

    Have you quoted price on the basis of free delivery to destination, indicating the break up?

Commercial-Compliance

1. 1

   Earnest Money Deposit (EMD) shall be as per Clause 23.0 of Section II of CENTRAL RAILWAY BID DOCUMENT (Updated) January 2024. EMD is compulsory and offers without EMD, except those exempted, will be summarily rejected. Vendors (other than those appearing on Vendor Panels of Approving Agencies) seeking exemption from EMD, shall have to attach scanned copy of requisite document alongwith offer in support of their claim for exemption, failing which their offer will not be considered eligible for exemption from EMD. 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 the 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, 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 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 .

   Document optionalConfirmation required
2. 2

   Bidders must agree to furnish SECURITY DEPOSIT as applicable as per Clause 24.0 of Section II of CENTRAL RAILWAY BID DOCUMENT (Updated) January 2024. The SD amount shall be @ 5% of Contract Value (excluding CAMC charges) as mentioned in Clause 24.3 of Section II of CENTRAL RAILWAY BID DOCUMENT (Updated) January 2024. Bidders (except approved vendors for tendered item / items) claiming exemption from paying SD must upload requisite document towards such claim, alongwith the offer. Offers from firms denying to pay Security Deposit will be summarily rejected.

   Document optionalConfirmation required
3. 3

   Goods & Services Tax (GST): As per Clause 9.0 and all sub-clauses of CENTRAL RAILWAY BID DOCUMENT (Updated) January 2024. All tenderers to quote correct HSN code and corresponding GST rate for the item/items quoted. Misclassification in HSN code, if quoted by any bidder, shall be dealt as per Clause 9.0(iv) of Section II of CENTRAL RAILWAY BID DOCUMENT (Updated) January 2024.

   Document requiredConfirmation required
4. 4

   lf the Contractor, having been called upon by the Purchaser to furnish security deposit, fails to make a security deposit within the specified period, it shall be lawful for the Purchaser to cancel the Letter of Award and to recover from the Contractor the amount of such security deposit by deducting the amount from the pending bills of the Contractor under any other contract with the Purchaser or the Government or any person contracting through the Purchaser or otherwise howsoever, duly adjusting the Earnest Money deposit, if any, made by the contractor.(Para 24.6 of Section II of Central Railway Bid Document January 2024 stands modified as above).

   Confirmation required
5. 5

   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.

   Document optionalConfirmation required
6. 6

   Bidders shall also give Declaration as below:- I/We agree to pass on such additional input tax credit as may become available in future under GST scheme, in respect of all the inputs used in the manufacturing and/or supply of final goods/services on the date of supply by way of reduction in price and advise the purchaser accordingly.

   Confirmation required
7. 7

   The Bidder agrees to supply the tendered stores at the rates quoted by him in accordance with the Standard Governing Conditions of this tender.

   Confirmation required
8. 8

   The bidder confirms that Rates and other financial terms quoted in relevant columns of financial bid will only be ruling terms for acceptance, and such terms quoted anywhere else should be ignored. [Denial of this condition is not recommended].

   Document optionalConfirmation required
9. 9

   Participation by Manufacturers is preferred. Agents/Dealers participating in tender on behalf of manufacturers must provide tender specific authorization (TSA) issued by the OEM. Bidders must upload above authorization letter along with their offer failing which their offer will not be considered as an offer from that manufacturer and that make and will be dealt accordingly. ( i) 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. Further, against a particular tender, one Principal/OEM should not issue Tender Specific Authorization to more than one agent/dealer. Such offers with different terms against a particular product if treated as ambiguous offers, the bidder(s) or their Principal/OEM will have no right to lodge any claim. (ii) If an authorized agent/dealer submits bid on behalf of the Principal/ OEM, the same agent/dealer shall not submit a bid on behalf of another Principal/OEM in same tender for the same item/product and such bids will be summarily rejected. (iii)Trader/Authorized Dealer should mention name of Manufacturer, make and complete address in their bid for inspection of material at OEM works.

   Document optionalConfirmation required
10. 10

    An Indian Agent quoting in INR on behalf of a foreign Principal/OEM should submit a copy of Invoice / Proforma Invoice from OEM along with their offer as well as should undertake to furnish all import documents and should comply to Clause 22.0 of Section II of CENTRAL RAILWAY BID DOCUMENT (Updated) January 2024.

    Document requiredConfirmation required
11. 11

    Bidders to submit details of location(s) where local value addition is made. In case no details are furnished, it will be presumed that works address(es) of manufacturing in India are the location(s) of local value addition.

    Document requiredConfirmation required
12. 12

    All bidders shall confirm declaration as below in terms of Clause 5.15 of Section II of CENTRAL RAILWAY BID DOCUMENT (Updated) January 2024 in compliance of restrictions under Rule 144(xi) of GFR- 2017 :- a) I have read the clause regarding restrictions on procurement from a bidder of country which shares a land border with India. b) I certify that this bidder is not from such a country or, if from such a country, hasbeen registered with the competent authority. c) 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 is attached). If the bidder fails to give such declaration, as above, then it will be presumed that the contents of above declaration have been read and unconditionally agreed and accepted by the tenderer. If any tenderer is not agreeable to this declaration they have to categorically mention about the disagreement in Techno Commercial Deviation.

    Document optionalConfirmation required
13. 13

    Vendors claiming to avail benefits and preferential treatment extended to Micro and Small Enterprises [MSEs] must necessarily upload relevant documents with their offer in terms of Clause 4.0 of Section II of CENTRAL RAILWAY BID DOCUMENT (Updated) January 2024. Vendors claiming MSE benefit, despite upward re- classification, must upload MSE document for the financial year not older than 03 years from the date of reclassification/upgradation to claim benefit, otherwise status of such vendors shall not be considered as MSE.

    Document optionalConfirmation required
14. 14

    The Consignee shall enter into CAMC with the firm after expiry of Comprehensive Warranty Period as per the annual CAMC charges offered by the bidder. Calculation of NPV for the CAMC charges of each year and accordingly working of total CAMC charges shall be as per "Annexure-1" attached with the tender for the purpose of financial evaluation of offer and determining the inter-se ranking. Payment of CAMC charges will however be as per actual annual CAMC charges accepted in the tender against a BG as security of 10% of the value to total CAMC charges for 05 years which should be valid for a period upto 02 months beyond the expiry of period of CAMC. No advance payment for CAMC charges shall be made. Consignee reserves the right to cancel the CAMC contract forfeiting above BG, in case of nonperformance/default in fulfilling CAMC obligations as per consignee's terms and conditions of CAMC, by serving a 01 month notice. The above BG shall be returned to the supplier after successful completion of CAMC period.

    Document optionalConfirmation required
15. 15

    The tenderer should clearly spell out in the offer the facilities available with him or his agent for providing adequate after-sales service in India during warranty period in the appropriate column of their offer. The complete details such as organization for after sales service, availability of technically competent engineers and warehousing facilities for spares should be clearly indicated.

    Document optionalConfirmation required
16. 16

    After the warranty period and CAMC period, the manufacturer or his agent shall agree to provide service supports for trouble shooting and obtaining spare parts. The manufacturer shall be obliged to provide spare parts required by the Purchasers for a period till completion of codal life of the equipment, from the date of delivery of the machine at the ultimate destination to safeguard against obsolescence

    Document optionalConfirmation required
17. 17

    Vendors which are Large Scale Industry or consortia of MSEs formed by NSIC, must upload with offers, quantum of sub contracts given to Micro and Small Enterprises (in percent of order value) for goods to be supplied against this tender.

    Document optionalConfirmation required
18. 18

    Shipping Arrangements: Shipment by sea upto the port of destination i.e. Mumbai Port, India shall be arranged by the supplier at his cost. The supplier is, however, advised to utilize Indian Flag Vessels to the extent possible. All other expenses incidental to sea transportation including loading/unloading charges till the delivery of cargo to Port Consignee at Indian Port shall be to supplier's account. Ultimate Consignee will be MD/BY ,Central Railway ,Maharashtra . Port Consignee will be Principal Chief Materials Manager (Shipping), Central Railway, C.S.M.T. Mumbai 400001 (India).

    Document optionalConfirmation required
19. 19

    EMD clause 23.3 of Central Railway Bid Document (updated January 2024) to be read as- Manual payment option will be available to foreign firms(and Indian firms) in Global Tenders ,for depositing EMD amount as under, if online payment Gateway facility is not enabled in IREPS:- The earnest money should be deposited either in cash with Chief cashier, Central Railway ,Mumbai CSMT or Divisional Pay Master, creditable to "Deposit Misc. Account Stores," or submitted along with the tender in any of the following forms:- Fixed deposit receipts, Call deposit receipts, Pay orders, Demand draft of Nationalized Banks/SBI/Scheduled Banks of India approved by RBI, drawn in favor of PFA, Central Railway, Mumbai CSMT or through Bank guarantee from any Nationalized Bank/SBI/Scheduled bank in the prescribed form as Annexures4.

    Document optionalConfirmation required
20. 20

    The bidder must be an established, solvent, and actively operating entity in the relevant industry for at least the last three consecutive financial years, supported by proof of legal existence (Companies/LLPs: Certificate of Incorporation and MCA Active status or equivalent; Proprietorships: GST/Udyam/Shop & Establishment Registration or equivalent; Partnerships: Registered Partnership Deed or equivalent), audited financial statements or CA-certified financial summaries/ITRs for the last three years, a self-declaration confirming the entity is not insolvent, bankrupt, or under winding-up, and evidence of prior project execution with valid client references and relevant certifications (ISO/BIS/NABL or equivalent); any other relevant documents establishing market standing shall also be accepted, and bids lacking such proof or containing expired/invalid documents are liable to be rejected.

    Document requiredConfirmation required
21. 21

    The tenderer shall have to undertake in the tender to comply with the following- (a) Consent to furnish copy of customs out passed bill of entry for the goods, relevant to each consignment, Manufacturer's Test and Guarantee certificate issued by the manufacturer, Copy of Bill of Lading/AWB relevant to the consignment; Copy of commercial invoice of the foreign manufacturer/principals relevant to each consignment. (b) Current and valid authorization/dealership certificate of foreign manufacturer/principal. (c) Compliance of sea/air worthy packing condition in manufacturer's original packing with manufacturer's tamper proof seal and compliance of the Packing condition as laid down in IRS Conditions of Contract. Failure to comply with any of the aforesaid conditions as referred above will make the offer liable to be rejected.

    Document optionalConfirmation required
22. 22

    If the estimated value of this tender exceeds 10 crore accordingly, for a bidder to be evaluated as a Class-I Local supplier, a Local Content Certificate must be provided. This certificate shall indicate the percentage of local content of the tendered item, in compliance with the Public Procurement (Preference to Make in India) Order, 2017 (as amended) issued by DPIIT; it shall be specific to the product(s) offered and be issued and signed by (a) in the case of companies, the statutory auditor or cost auditor of the company, or (b) in the case of suppliers other than companies, a practising Chartered Accountant or practising Cost Accountant. The certificate shall be authenticated with a valid UDIN (or an equivalent document-identification mechanism, as applicable). CA certificate must be dated on or before the tender closing date and time. An offer may not be eligible for evaluation as a 'Class-I / Class-II Local Supplier' if it does not include a certificate meeting all the above mentioned requirements.

    Document requiredConfirmation required
23. 23

    LAND BOARDER: All bidders shall confirm declaration as below in terms of Clause 5.15 of Section II of CENTRAL RAILWAY BID DOCUMENT (Updated) JANUARY 2024 in compliance of restrictions under Rule 144(xi) of GFR2017:- a) I have read the clause regarding restrictions on procurement from a bidder of country which shares a land border with India. b) I certify that this bidder is not from such a country or, if from such a country, has- been registered with the competent authority. c) 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 is attached). If the bidder fails to give such declaration, as above, then it will be presumed that the contents of above declaration have been read and unconditionally agreed and accepted by the tenderer. If any tenderer is not agreeable to this declaration they have to categorically mention about the disagreement in Techno- Commercial Deviation.

    Document requiredConfirmation required
24. 24

    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.

    Document optional

1. 1

   Validity of offer: Validity of offer should be strictly as per Clause 1.8.5 of Section II of CENTRAL RAILWAY BID DOCUMENT (Updated) January 2024(or) as stipulated in the tender document, whichever is longer. Offers quoted with lesser validity shall be deemed as commercially unresponsive and shall be summarily rejected.

2. 2

   Bidders must quote on FIRM price basis only as price is not subject to any variation. Offers quoted with Price Variation Clause (PVC) will be considered unresponsive and will be summarily rejected in terms of Clause 32.0 (i) of Section II of Central Railway Bid Document (Updated) January 2024.

3. 3

   The Comprehensive Annual Maintenance Contract (CAMC) for a period of 05 years will commence immediately and seamlessly upon the successful completion and expiry of the Comprehensive Warranty Period. The year-wise CAMC charges (against Item #2 of the Schedule of Requirements) must be quoted separately by the bidder, failing which their offer shall be summarily rejected. Payment of CAMC charges will be made as per the actual annual CAMC charges awarded in the contract, against a Bank Guarantee (BG) provided by the supplier as security. This BG shall be for an amount equivalent to 10% of the total value of the CAMC charges for 05 years and must remain valid for a period of up to 02 months beyond the expiry of the CAMC period. No advance payment for CAMC charges shall be made. The Consignee reserves the right to cancel the CAMC contract and forfeit the above BG, in case of non- performance/default in fulfilling CAMC obligations as per the Consignee's terms and conditions of the CAMC, by serving a 01 month notice. The BG shall be returned to the supplier after the successful completion of the CAMC period.

4. 4

   Firm quoting in foreign currency must quote on CFR price (Mumbai seaport/airport) basis only, duly indicating FOB Rate & sea/air freight charges separately.