FAIVELY - S-VEL SPEED SENSOR , N2 BOARD FOR WSP SYSTEM, N-1 BOARD FOR WSP SYSTEM OF LHB TYPE COACHES, AIR SPRING FAILURE INDICATION CUM BRAKE APPLICATION DEVICE,SET OF FLEXIBLE CONNECTION AND ACCESSORIES

Supply to be as per tender specification.

[a] This is Proprietary Article certified item (PAC). [b] Railway reserves the rights to place bulk or entire order on PAC firm M/s FAIVELEY TRANSPORT RAIL TECHNOLOGIES INDIA PRIVATE LIMITED- HOSUR (Item OEM or their authorized dealers). [c] Dealer/agent should upload OEM authorization or valid dealership certificate from OEM.

In case none of the firms who have participated in the tender, fulfill the criteria specified for regular order for bulk quantity, in paras above, then the purchaser reserves the right to procure bulk quantity from the tenderers who have participated based on credentials submitted by them in support of their offer.

1. Goods & Service Tax: Please refer Part A Para 14.0 Southern Railway Tender Conditions. 2. Regarding MSE Purchase Preference please refer clause 15.0 Part B of Southern Railway Tender Conditions. 3. Preference to made in India Please refer Part B Para 16.0 of Southern Railway Tender Conditions.

GST Related: HSN Code for this item is 8607. [a] All the bidders/tenderers should ensure that they are GST compliant and their quoted tax structure/rates are as per the GST Law. Firms must indicate its GST registration number along with their offer. [b] 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. [c] The firm should indicate the tariff code (HSN Code) for claiming GST for the tendered item. [d] The offer 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. [e] It shall be the responsibility of the bidders to quote correct HSN number and corresponding GST rate. The Purchaser shall not be responsible for any misclassification of HSN number or incorrect GST rate, if quoted by the bidder. In case firm misclassifies HSN Code/GST rate, higher GST, if any, due to this misclassification shall be paid and borne by the firm itself. [f] Wherever, the successful bidder invoices the goods at GST rate or HSN number which is different from that incorporated in the Purchase order, payment shall be made as per GST rate which is lower of the GST rate incorporated in the Purchase order or billed. [g] Vendor is informed that she/he would be required to adjust her/his basic price to the extent required by higher tax bill as per invoice to match the All inclusive Price as mentioned in the Purchase order. [h] Any amendment to GST rate or HSN number in the contract shall be as per the contractual conditions and statutory amendments in the quoted GST rate and HSN number, under SVC. [i] Tenderers should upload GST rate along with documentary evidence, HSN code and full bank details of the firm.ie Bank name, bank address, Account Number, IFSC code & MICR code along with the bid. [j] Firm should also give a declaration that any additional Input Tax Credit benefit, if become available to supplier, the same shall be passed on to purchaser without any undue delay.

MSE : (i) In case of MSE firm willing to claim the benefits under Public Procurement Policy (Preference to MSE) order 2012, the firm should upload with their offer, the proof of their being MSE registered with the agency mentioned in Part B Para 15.0 of Southern Railway tender conditions, failing which such offers will not be liable for consideration of benefits (ii) As per Gazette notification no. S.O.4926(E) dated 18.10.2022 amending notification no. S.O.2119(E) dated 26.06.2020 circulated vide Railway Board letter no. 2020/RS(G)/363/1 dated 03.11.2022 regarding reclassification of enterprises and Udyam registration, In case of an upward change in terms of plant and machinery or equipment or turnover or both, and consequent reclassification, an enterprise shall continue to avail of all non-tax benefits of the category it was in before the reclassification, for a period of three years from the date of such upward change. In such cases, the tenderer claiming benefits under MSE category shall submit documentary evidence o f the date of upgradation to Medium category along with offer. Such claims will not be considered with out documentary evidence (iii) Tenderers shall upload Udyam Registration detail showing that the enterprise is owned by Scheduled Castes (SC)/ Scheduled Tribes (ST)/ women entrepreneurs to claim the benefit under this sub classification.

Make In India (MII) : a) Procurement of the item is restricted to "Local suppliers" with minimum local content of 20% (Class-I or Class-II Local supplier as defined in Railway Board letter no: 2020/RS(G)/779/2/Pt.1 dated 25.09.2020) only and the vendors who do not qualify to be "Local suppliers" (i.e., "Non-Local suppliers" with local content less than 20%) 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 "Local supplier" for the tendered item participates in the tender, it does so at it's own risk and cost and Railways shall not be liable for any loss or damage caused to the vendor. NOTE -: As per Public Procurement (Preference to Make in India) Order, 2017, procurements where the estimated value to be procured is less than Rs 5 lakhs shall be exempt from this Order. For Make In India Preference Policy, Please refer Para 16.0 Part-B of tender conditions. b) 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 condition

SECURITY DEPOSIT (SD) : : SD Clause: In terms of Railway Board letter No.2020/RS(G)/779/16 dated 27.11.2020.SECURITY DEPOSIT (SD) shall be 5% of total value of contract and shall be taken from all vendors for contract value above Rs.25 Lakhs subject to the applicable exemptions. SD from successful tenderers should be received in Purchase Office within 21days from the date of communication of acceptance with respect to the purchaser.There shall be no exemption from submission of Security Deposit (SD) for any tender or by any tenderer except following:a) The Store contract cases of value up to Rs 25 (Twenty Five) lakh, b) Other Railways and Government departments, c) Indian Ordnance Factories, d) PSUs owned by Ministry of Railways and PSUs for the group of items that are manufactured by them.e) In tenders issued against PAC, OEM in whose favour PAC has been issued shall be exempted from submitting SD. KVIC and ACASH shall be exempted from SD for items supplied by them.f) Vendors registered with Railways for the trade group of the item tendered shall be exempted from SD for orders valued up to their monetary limit of registration.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 equipment and consumables shall be exempted from submission of SD for these items. (Please see details in attached SR Tender Conditions. In case of submission of Security Deposit in the form of Bank Guarantee, please refer Annexure- 5 (page 55-56) of Southern Railway Tender Conditions available under the mentioned link, for the PROFORMA. Return of Security Deposit: -The SD will be refunded to the supplier after execution of contract in all respects, against submissions of completion certificate and no claim certificate declared by consignee officer.

EARNEST MONEY DEPOSIT (EMD : EARNEST MONEY DEPOSIT (EMD) FOR STORES TENDERS:2.0 EMD is taken to prove earnestness of the offer on the part of the tenderers. 2.1 EMD amount shall be mentioned in all tenders irrespective of the nature of tender as per the EMD amount mentioned or as decided by the purchaser under the policy. There shall be no exemption from submission of EMD for any tender or by any tenderer, subject to provisions under clause 10.4.3, except following: - (a) (i) EMD shall normally not be called against tenders with estimated value upto Rs.25 lakhs (including single tenders, global limited tenders). (ii) If considered necessary, authority competent to issue tender may incorporate the condition to call for EMD even in such tenders, on case to case basis. (b) Micro & Small Enterprises (MSEs) registered with agencies mentioned at part b Para 15.1 (i) (c) Other Railways and Government departments in terms of Railway Board%u2019s letter No. 2004/RS(G)/779/11 dated 24.07.2007 (d) Indian Ordinance Factories in terms of Railway Board letter No.92/RSS(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 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 Railway 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. 2.2 Offers submitted without EMD shall be summarily rejected. 2.5 Validity of EMD: EMD should remain valid for a period of 45 days beyond the final bid validity period, which should also be extended whenever bid validity is extended. No interest will be allowed on EMD.

Liquidated Damage (L.D): : Liquidated Damage (L.D): Extension of delivery period may be considered in deserving cases where genuine reasons exist. Such extensions of delivery period may be considered with liquidated damages as per IRS Conditions of Contract and Denial Clause. Railway shall recover from the contractor as agreed Liquidated Damages and not by way of penalty, a sum equivalent to 1/2% (half percent) of the price of any stores (including elements of taxes, duties, freight, etc) which the contractor has failed to deliver within the period fixed for delivery in the contract or as extended for each week or part of a week during which the delivery of such stores may be in arrears where delivery thereof is accepted after expiry of the aforesaid period, subject to a maximum of 10% (ten percent) of the value of the contract irrespective of delays, unless otherwise provided specifically in the contract.

General Damages : General damages at the rate of 5% of the defaulted contract order value will be levied in case of failure to supply the material after placement of purchase order, within the delivery period. 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. Wherever SD has been exempted or not applicable for any reason or is less than the general damages as indicated above, and the supplier fails to supply goods as per conditions of contract, as amended from time to time, Purchaser have the right to levy damages from the supplier for failing to comply with contractual conditions. These damages shall be treated as recoveries outstanding against the vendor and dealt with accordingly.

All taxes, freight, packing, forwarding & other charges should be quoted in numeric only @ financial tabulation.

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.

(1) As per Section 171 of GST Act 2017, as a remedy against anti-profiteering, INPUT TAX credit benefit if any accrued should be passed on to the Purchaser as reduction in Basic Price, or else the following certificate should accompany the bill: It is certified that no INPUT TAX credit benefit has accrued on materials invoiced/billed for, that can be passed on to Purchaser. B) Firm should submit the Invoice/Bill clearly indicating the appropriate HSN and applicable GST rate thereon duly supported with documentary evidence. C) Firm should also give a declaration that any additional Input Tax Credit benefit, if become available to supplier, the same shall be passed on to the purchaser without any undue delay. (2) All the Bidders/ Tenderers should ensure that they are GST compliant and their quoted tax Structure / Rates are as per GST Law. In case the successful tenderer is not liable to be registered under CGST/GST/UTGST/ SGST Act, Railway shall deduct the applicable GST from his / their bills under Reverse Charge Mechanism (RCM) and deposit the same to the concerned tax authority. (3) - 1.RAILWAY IS NOT BOUND TO ACCEPT / CANCEL THE LOWEST OR ANY TENDER OR TO ASSIGN ANY REASON FOR DOING SO AND RAILWAY RESERVES THE RIGHT TO ACCEPT / CANCEL ANY TENDER IN RESPECT OF THE WHOLE OR ANY PORTION OF THE ITEMS SPECIFIED IN THE SCHEDULE ANNEXED (OR TENDER SCHEDULE) AND THE CONTRACTOR SHALL BE REQUIRED TO SUPPLY THE SAME AT THE RATE QUOTED. 2.VENDORS MAY PLEASE NOTE THAT GIVING INTIMATION REGARDING THE TENDER IN OPEN TENDER CASES OR GIVING LIMITED TENDER ENQUIRY DOES NOT GUARANTEE THE SUITABILITY OF OFFER FOR PLACEMENT OF PURCHASE ORDER. RAILWAY RESERVE THE RIGHT TO PLACE PURCHASE ORDER SUBJECT TO FULFILLMENT OF TECHNICAL / COMMERCIAL ELIGIBILITY CONDITIONS/ TENDER CONDITIONS.