SUPPLY AND APPLICATION OF PU PAINT

Special Eligibility Criteria

1. 1

   EARNEST MONEY DEPOSIT (EMD) shall be deposited by all vendors for tenders with estimated value above Rs.25 Lakhs subject to the applicable exemptions. The Para 2.1 of the Part A of "SR TENDER CONDITIONS" with regard to EMD exemption is superseded as below and the conditions mentioned here below will prevail over that of in Para 2.1 of the Part A of "SR TENDER CONDITIONS". EMD amount shall be mentioned in all tenders irrespective of the nature of tender as per the EMD amount mentioned in clause 2.3 of Part A of "SR TENDER CONDITIONS" 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 of Part A of "SR TENDER CONDITIONS" except following : (i) EMD shall normally not be called against tenders with estimated value up to Rs.25 lakhs (including single tenders, global limited tenders) except cases where competent authority incorporates the condition to call for EMD. ii) Public Sector Undertakings (PSUs) a. PSUs owned by Ministry of Railways and b. PSUs for the group of items that are manufactured by them. iii) MSEs REGISTERED UNDER UDYAM REGISTRATION SHALL BE ELIGIBLE FOR EXEMPTION FROM PAYMENT OF EMD irrespective of relevance of product Category for which they are registered with UDYAM. However, traders/ distributors/sole agent/works contract are not exempted from payment of EMD as they are excluded from the purview of the policy.iv) Other Railways, Indian Ordinance factories and Govt. departments. v) In exceptional cases, where EMD exemption is specifically incorporated in tender conditions. vi) Vendors registered with Southern Railway for the trade Group/trade groups of the tendered item . vii) Regular and development vendors appearing on the approved vendor lists of RDSO/PUs/CORE etc., for those specific item for which they are on the approved list, subject to approval status being valid on the date of tender closing. viii) Vendors registered with Railways for supply of medicine, medical equipment and consumables shall be exempted from submission of EMD for these items. ix) 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. In case of submission of Earnest Money Deposit in the form of Bank Guarantee, please refer Annexure- 6 of "SR TENDER CONDITIONS" for the Proforma for BG. Please refer Annexure- 9 of "SR TENDER CONDITIONS" for BID SECURING DECLARATION FOR AVAILING EXEMPTION FROM SUBMISSION OF EMD.

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2. 2

   Railway reserves the right to order entire/bulk quantity on ICF Approved sources for the tendered item as per IREPS Vendor Directory, ICF Item ID: 2300212 , Epoxy Cum Polyurethane Painting system (Two Pack) for the Exterior Painting of Railway Coaches, Diesel and Electric Locomotives and other Industrial Applications.

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3. 3

   Firm eligible for bulk order should have successfully completed at least one contract of Supply and Application of Paint to Railway Rolling Stock in last five years from the date of tender opening, value of completed contract should be at least Rs.5 lakhs. Proof of such successful execution of contract to be provided in the form of Performance Certificate/Completion Certificate signed by competent Railway Authority.

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4. 4

   Bidder should be OEM or authorized dealer of OEM. Dealers should attach Tender Specific Authorization from OEM without which their offer will be summarily rejected. OEMs can authorize and give Tender Specific Authorization to its Agent / dealers to quote on their behalf provided the vendor takes full responsibility for the quality of the material including warranty obligation and the inspection of product against Railways order is carried out at the manufacturer premises. In a tender, either the Indian agent on behalf of the Principal/OEM or Principal/OEM itself can bid but both cannot bid simultaneously for the same item/Product in the same tender. In a tender, if Indian agent on behalf of the Principal/OEM or Principal/OEM bids simultaneously for the same item/product in the same Tender, then both the offers will be considered ineligible and will be summarily rejected. If an agent submits bid on behalf of the Principal/OEM, the same agent shall not submit a bid on behalf of another Principal/OEM in the same tender for the same item/product. If an agent submits bids on behalf of the Principal/OEM and also on behalf of another Principal/OEM in the same tender for the same item/Product, then Both offers will be considered ineligible and will be summarily rejected. In view of the above, Manufacturer may note that an agent can represent only one firm in a tender and any manufacture cannot submit more than one offer Against a tender through different sole selling agents or one offer directly and Other offers through sole selling agents, in other words, in a tender, either the Indian agent on behalf of the Principle/OEM or Principal/OEM itself can bid but both cannot bid simultaneously for the same items/product in the same tender. In such a situation all such offers will be rejected.

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5. 5

   i. Particulars of similar contract and led by the tenderer with ICF/RCF/MCF/any Zonal railway should be attached with the tender document. ii. For supply of paint the firm should be ICF approved sources for PU paint only. iii. Necessary performance feedback from other Railway workshops on account of quality shall be attached for accessing the eligibility.

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Commercial-Compliance

1. 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. [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. [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

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2. 2

   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 (payable in the name of Dy.FA&CAO/WS/PER) subject to the applicable exemptions. SD from successful tenderers should be received in Purchase Office within 21 days 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 monitory 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 refer Para 10.0 of Part A in SR Tender Conditions & please refer Annexure- 5 of "SR TENDER CONDITIONS" for the Proforma for BG).

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3. 3

   Firm has to submit Performance Guarantee of 10% of the contract value before submission of first bill which should be valid for 6 months beyond the original/extended terminal delivery period of the contract. For details please refer Part A para 12.0 of SR Tender Conditions enclosed with this tender.

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4. 4

   PUBLIC PROCUREMENT POLICY (Preference to Make in India), please refer Para 16.0 Part B of Southern Railway Stores Tender Conditions for Electronic Tenders available under the mentioned link. Procurement of the item is restricted to Class-1 Local suppliers only with minimum local content of 50% and the vendors who do not qualify to be Class-1 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- 1 Local suppliers 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. 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

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5. 5

   Pre-decided Quantity Splitting clause is applicable to this tender as per the para 5.0 of Part B of Southern Railway Stores Tender Conditions for Electronic Tenders, in order to ensure timely availability of material through placement of orders on multiple sources

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6. 6

   Bidder shall accept the following declaration [Land Border condition] by quoting "YES" against 'Conf. allowed" or "Complied" column for compliance of Office Memorandum of Department of Expenditure, Ministry of Finance OM No. F.No.6/18/2019-PPD dated 23.07.2020. 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. "I/WE HAVE READ THE CLAUSE REGARDING RESTRICTIONS ON PROCUREMENT FROM A BIDDER OF A COUNTRY WHICH SHARES A LAND BORDER WITH INDIA. I/WE CERTIFY THAT THIS BIDDER IS NOT FROM SUCH A COUNTRY OR , IF FROM SUCH A COUNTRY, HAS BEEN REGISTERED WITH THE COMPETENT AUTHORITY. I/WE 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.)''

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7. 7

   Whenever tender is floated with purchase restriction from sources approved by nominated authorities and there exists a suspected cartel situation by approved sources or the rates available from approved source/sources are adjudged unreasonably high, despite fair efforts as permissible, the purchaser reserves the right to place orders on firm(s) outside the approved vendor list, without any restrictions.(Please Refer para 4.0 of part B of "SR TENDER CONDITIONS")

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8. 8

   Please refer para 15.0 of part - B of "SR TENDER CONDITIONS" attached with this tender document for details regarding "BENEFITS OF MSE AS PER PUBLIC PROCUREMENT POLICY".

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9. 9

   Ambiguous offer will be summarily rejected. Terms of offer must be specific and unambiguous.

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10. 10

    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.

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General Instructions

1. 1

   MSE firms should submit a copy of valid MSE Certificate at the time of submission of their bid. (As the validity of Udyog Aadhar Memorandum was up to 30.06.2022 it is not considered as a valid document for availing MSE preference.)
2. 2

   Mode of Despatch : By Road/Rail. Delivery Terms : FOR Destination. In case of road delivery, the date of delivery at destination [consignee's end] shall only be treated as delivery date irrespective of F.O.R. condition mentioned elsewhere in the contract / tender. Similarly, in case of delivery by Rail, the date of delivery at destination station [consignee's end] shall only be treated as delivery date irrespective of F.O.R. condition mentioned elsewhere in the contract / tender
3. 3

   Offer validity should be minimum 90 days

1. 1

   I/We have carefully gone through the IRS conditions of contract (included and uploaded along with the bid document) particularly Para 2500 pertaining to "Code of Integrity, Misdemeanor and Penalties". I/We hereby certify that no other concerns or affiliates (such as having common partner/director/promoter/owner/holding company decision control etc.) have participated in this tender which can give rise to a conflict of interest or fall under anti-competitive practices. We understand that the offers of all such sister concerns including ours are liable to be rejected as per relevant provisions of IRS terms and conditions. I/We, affirm that we shall abide by the Code of Integrity in general, with specific reference to conflict of interest [Para 2502 (e)], anti competitive practices [Para 2502(c)] and obligation to proactive disclosures [Para 2503]. I/We understand that we are fully responsible for the above declaration and it shall not be the Railway's responsibility to verify the same. I/We are aware that we shall be liable for all consequences of violation of Code of Integrity, if detected at any stage