LIGHT DIESEL OIL (LDO)

Special Eligibility Criteria : Bulk order will be placed on sources who have successfully supplied at least 20% of the tendered quantity for the tendered item to any of Indian Railway production unit or Zonal Railways against single or multiple Purchase orders in last 3 Financial Years and current Financial year up to the date of tender closing. Firm must upload documentary evidence regarding the past successful supply performance like copies of Receipt Note, Inspection Certificate, Completion Report etc along with the offer without which the offer shall be summarily rejected. Other offers with successful supply performance of tendered item but not meeting the minimum 20% limit shall be considered for developmental order subject to maximum 20% of net procurable quantity

Special Eligibility Criteria : Where there are not more than three Indian suppliers categorized as Approved Vendor for a particular item, developmental vendors can be considered for placement of bulk order without any quantity restrictions. However, while considering such vendors, factors including past performance, capacity, delivery requirements, quantity under procurement, nature of item, outstanding order load etc. shall be considered in a transparent manner, subject to rates being reasonable. Quantity allocation among eligible vendors shall be based on pre-decided tender criteria.

Special Eligibility Criteria : 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. THIS TENDER COMPLIES WITH PUBLIC PROCUREMENT (PREFERENCE TO MAKE IN INDIA), ORDER 2017- Revision Regarding issued by Ministry of Commerce and Industry order No. P-45021/2/2017- PP(BEII) dated 16.09.2020. Tenders must furnish the information giving the percentage of local content. Please refer to para 1800 of WR bid document of INSTRUCTIONS TO TENDERERS FOR ELECTRONIC TENDERS AND GENERAL CONDITIONS OF TENDER Indigenous Purchases Version-14 of June 2024 attached with tender.

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 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, fails 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 06 (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 "

Security Deposit:SD will be applicable as per para 0600 of Western Railway Bid Document (Indigenous Purchases),Version -14 of June 2024 along with correction slips/amendments if any, before tender closing date.Bank Guarantee: As per proforma given in Annexure-5 of Western Bid Document (Indigenous purchase), version 14 of June 2024.Note:- Offers from firms not exempted and denying to pay Security Deposit will be summarily rejected

WARRANTY / GUARANTEE :As per Clause 1200 of the INSTRUCTIONS TO TENDERERS FOR ELECTRONIC TENDERS AND GENERAL CONDITIONS OF TENDER Indigenous Purchases Version-14 of June 2024 or latest with all corrigendums and amendments, if any along with all latest RB guidelines issued before the tender closing date. In the event of any conflict,Clause of the Technical Specifications shall prevail.

LD Clause: Recovery of Liquidated Damage (LD) shall be levied @1/2% (half percent) of the price of store per week or part of the week during which delivery is accepted and the upper limit for recovery of Liquidated Damages in supply contract is 10% (ten percent) of the value of delayed supply irrespective of delays, unless otherwise provided, specifically in the contract. Orders on developmental vendors shall be developmental orders and treated as such, specifically, with regard to applicability of liquidated damages for delayed supplies and levy of general damages as per Railway Board letter no-No. 2001/RS(G)/779/7 Pt 2 dated 25.06.2018.

GST COMPLIANCE:- As per clause 0906 of INSTRUCTIONS TO TENDERERS FOR ELECTRONIC TENDERS AND GENERAL CONDITIONS OF TENDER Indigenous Purchases Version-14 of June 2024 or latest with all corrigendum%u2019s and amendments, if any, issued before the tender closing date shall be applicable.

Procurement from Authorized Agents/Dealers/Distributors etc. shall be as per para 0400 of Western Railway Bid Document (Indigenous Purchases),Version- 14 of June 2024.a). OEMs should quote directly preferably or an OEM can authorize and give Tender Specific Authorization (TSA) to its Agent /Dealer to quote on their behalf similar to proforma attached as Annexure-2.b) The Authorized Dealer/Agent should upload valid tender specific authorization, along with the offer, failing which their offer is liable to be passed over.c) Trader/Authorized Dealer should mention name of Manufacturer, make and complete address in their bid for inspection of material at OEM works.d) 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 and such bids will be summarily rejected.e).Further, against a particular tender, one principal/OEM should not issue Tender Specific Authorization to more than one agent/ dealer. Such offers will be treated as ambiguous offers, the bidder(s) or their Principal/OEM will have no right to lodge any claim and such bids will be summarily rejected.f) If an authorized agent/dealer submits bid on behalf of a Principal/OEM, the same agent/dealer shall not submit a bid on behalf of another Principal/OEM in the same tender for the same item/product and such bids will be summarily rejected.g) In case tenderer participate as an authorized agent, then the performance as required above shall be that of the principal/OEM, authorizing the agent. It may so happen that the agent has credentials of past supply for a different Principal but this will not be considered as performance for placing bulk order in case of change of Principal/OEM.

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.

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.

Inspection will be done by Third Party Inspection (TPI) agency as per para 2600 of Western Railway Bid Document (Indigenous Purchases), Version -14 of June 2024.Place of inspection should be indicated in the bid. Annexure for TPI inspection attached with tender. Inspection by consignee against WTC of OEM in case of PSUs quoting in the tender and found suitable for ordering.

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 'Class-I local supplier'/ 'Class-II local supplier' at the time of tender, bidding or solicitation shall be required to indicate percentage of local content and provide self- certification that the item offered meets the local content requirement for 'Class-I local supplier'/ 'Class-II local supplier', as the case may be. They shall also give details of the location(s) at which the local value addition is made.

Delivery is to be made on FOR- Destination basis only adhering to para 2100 of Western Railway Bid Document (Indigenous Purchases), Version -14 of June 2024 In case of road delivery, the date of delivery at destination(consignee's end) shall only be treated as date of delivery irrespective of F.O.R. / F.O.T. condition mentioned elsewhere in the contract / tender.

Packing instructions : Material to be supplied in tanker load.

Documents : No Post tender correspondence for submission of additional documents shall be entered into/entertained after opening of Technical and/or Commercial offers. Even suo-moto post Tender Closing additional documents submitted by tenderers shall be treated as Null & Void.However, clarification on historical data/shortfall information shall be submitted only in case of historical documents, which pre- existed at the time of the tender opening and which have not undergone change, since then. So far as the submission of documents is concerned with regard to qualification criteria, after submission of the tender,only related shortfall documents shall be submitted for.

Technical and commercial deviations, if any, must be quoted in relevant column specified while submitting the bid. Any deviation in offer quoted anywhere else in the tender or in uploaded documents, shall be ignored and contract shall be placed after ignoring such deviations, which will be binding on the firm.

The offers shall be evaluated based on the GST rates 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. Purchaser shall not be responsible for any misclassification of HSN number or incorrect GST rate if quoted by the bidder. 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

ignored and contract shall be placed after ignoring such deviations, which will be binding on the firm. In case of suspected cartel formation by approved sources or in case the rates available from approved source/sources are adjudged unreasonably high, the purchaser reserves the right to decide tender as per clause 2300 of WR bid document INSTRUCTIONS TO TENDERERS FOR ELECTRONIC TENDERS AND GENERAL CONDITIONS OF TENDER Indigenous Purchases Version-14 of June 2024

MSE POLICY:- The purchase preference to MSEs shall be considered as per para 1700 of Western Railway Bid Document (Indigenous Purchases), Version -14 of June 2024.Notes:-i) Criteria for classification of Enterprises based on investment and turnover vide Gazette Notification dated 26.06.2020, as amended time to time, issued by the Ministry of MSME is applicable in the tender. In case conditions contained in above notification contradict with any of the tender conditions, conditions contained in above notification, as amended, will prevail. ii) As per extant guidelines an enterprise registered as MSE firm with any other organization under the Ministry of Micro,Small and Medium Enterprises shall register itself under UDYAM Registration for getting MSE benefit under this clause.Classification of Enterprise as Micro, Small or Medium Enterprise shall only be considered on the basis of UDYAM Certificate. Vendors claiming to avail benefits and preferential treatment extended to Micro and Small Enterprises (MSEs) must necessarily upload relevant documents with their offer. i. e. complete UDYAM certificate indicating social status of the MSE.iii) MSE benefit will not be applicable for the traders/authorized dealers/agents.iv) Vendors claiming MSE benefits/preferential treatment,despite upward re- classification, must upload document confirming their MSE status within a span of 03 years preceding from the date of closing of the tender, else status of such vendors shall not be considered as MSE.

Firm to note that single use plastic should not be used in packing, if material to be supplied otherwise it will be rejected. Collection of non-bio degradable old waste after successful delivery of the product/material from consignee place will be arranged by the supplier.

Railway intends pre-decided Quantity splitting as per clause No. 2201 (ii) of Instruction to Tenderers and General Conditions (Indigenous), June 2024 shall be applicable.

The purchaser shall be entitled and it shall be lawful on his part to forfeit the SD in whole or in part in the event of any default, failure or neglect on the part of the contractor in the fulfillment or any other contract with the purchaser or any part thereof to the satisfaction of the purchaser .The purchaser shall also be entitled to deduct from the said deposits any loss or damage which the purchaser may suffer or be put by reason of or due to any act or other default, recoverable by the purchaser from the contractor in respect of the contract under reference or any other contract and in either of the events aforesaid to call upon the contractor to maintain the security deposit as its original limit by making further deposits provided further that the purchaser shall be entitled to recover any such claim from any sum then due or which at any time thereafter may become due to the contractor under this or any other contracts with the purchaser. Wherever the supplies are to be delivered in more than one installment/lot, each such installment/lot forms a severable contract. In case of failure by contractor to meet deliveries for any installment/lot,purchaser may cancel the contract for defaulted quantity by forfeiting SD commensurate to the installment/lot.Apart from claiming damages from vendors, 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.

Risk purchase shall not be applicable and para 3200 (ii) of Western Railway Bid Document Version-14 of June 2024 is deleted. Wherever, SD has been exempted, for any reason and the supplier fails to supply goods as per conditions of the contract, as amended from time to time, purchaser shall have the right to levy damages on the supplier for failing to comply with the contractual conditions, not by way of penalty, an amount equal to SD amount, as would have been applicable, if the contract was with a nonexempt vendor. These damages shall be treated as recoveries outstanding against the vendor and dealt with accordingly.

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 not recommended)