RATE CONTRACT FOR MANUFACTURE AND SUPPLY OF ELASTIC RAIL CLIPS MK-V (RDSO/T-5919)

Special Eligibility Criteria

1. 1

   (a) RDSO Approved vendors for Elastic Rail Clips [RDSO Item ID: 3100558 as available on IREPS vendor directory] having prototype approval for Elastic Rail Clips MK-V will be eligible for Bulk/Regular order. (b) RDSO Developmental vendors for Elastic Rail Clips [RDSO Item ID:3100558 as available on IREPS vendor directory] having prototype approval for Elastic Rail Clips MK-V will be considered only for Developmental order(s) up to 20 % of Net Procurable Quantity (NPQ). (c) RDSO Approved/Developmental vendors for Elastic Rail Clips [RDSO Item ID:3100558 as available on IREPS vendor directory] not having prototype approval for Elastic Rail Clips MK-V will not be considered for any order. (d) Total Developmental orders will be limited to 20% of the Net Procurable Quantity (NPQ). (e) The status of the vendors will be reckoned as on the date of tender closing and not thereafter. However, in case of removal/suspension/banning/de- listing/downgrading etc. after date of closing of tender, such changes shall be taken into account while considering the offers.
2. 2

   Evaluation of the tender is 'Itemwise'. Tender is issued making separate item for each Consignee. Accordingly, separate 'PL Code' has been assigned for each Consignee's requirement. Any bidder may submit their bids for any one, more than one or for all 'PL Code'. Minimum quantity to be offered by any bidder for the 'PL Code' (Consignee) for which it has submitted its bid shall be as below: (a) For vendors otherwise eligible for 'Bulk/Regular Order': Minimum offered quantity by a tenderer for a Consignee should be 50% of the tender quantity for the Consignee or 100% of the Capacity (PA) mentioned in RDSO Item ID: 3100558, ELASTIC RAIL CLIPS, whichever is lower. Offers for quantity less than the minimum quantity as specified above, will be summarily rejected for that Consignee.(b) For vendors otherwise eligible for 'Developmental Order': Minimum offered quantity by a tenderer for a Consignee should be 20% of the tender quantity for the Consignee or 100% of the Capacity (PA) mentioned in RDSO Item ID: 3100558, ELASTIC RAIL CLIPS, whichever is lower. Offers for quantity less than the minimum quantity as specified above, will be summarily rejected for that Consignee.(c) RDSO Capacity (PA) of the vendors will be reckoned as on the date of tender closing and not thereafter.Note: Bidder should indicate Quantity offered on a separate document along with offer, else, It will be considered offer for full tendered quantity.

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3. 3

   Delivery Conditions : The delivery period shall be specified in each Supply Order issued under the Rate Contract placed on the supplier on a severable contract basis. The supplier shall be required to supply the material minimum at the rate equivalent to 20% of its annual production capacity [as indicated in the RDSO Vendor Directory as Capacity (PA) for RDSO Item ID: 3100558, ELASTIC RAIL CLIPS as on tender closing date] for every three (03) months from the date of issue of the Supply Order. In case the ordered quantity in supply order exceeds 20% of the firm's annual production capacity (PA), the delivery period in the supply order shall be enhanced proportionately on severable basis. One-month commencement period shall be allowed in each Supply Order.Note: Even in cases where due to unavoidable circumstances the quantity ordered under a particular supply order is less than 20% of the annual capacity, a commencement period of one month and a delivery period of three months shall still be applicable.
4. 4

   Firm will not be given order for quantity [i.e. total of ordered quantities of all the consignees] more than its Annual production capacity (PA) as mentioned in RDSO vendor directory for RDSO Item ID: 3100558, ELASTIC RAIL CLIPS as on date of Tender Closing.
5. 5

   (i) Firms having more than one functional unit/plant approved or developmental for RDSO Item ID 3100558 (Elastic Rail Clips) must clearly specify in their offer the specific unit(s)/plant(s) from which the material will be supplied. In the absence of such a declaration, it shall be presumed that the offer has been submitted from the unit/plant with the lower approved capacity (PA), and tender evaluation will be carried out accordingly.(ii) If the work address(s) indicated in an offer is different from what is indicated in the IREPS Vendor Directory for RDSO Item ID: 3100558, ELASTIC RAIL CLIPS, then such offer from unapproved unit will be treated as if the same has been received from an unapproved source.Note: If a firm intends to quote and supply from more than one approved/developmental unit/plant, the same must be clearly specified in the offer. In such cases, the annual capacities (PA) of all the indicated units/plants shall be taken into account while evaluating the offer as per above criteria.

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6. 6

   (i) The bidder shall be eligible for the 2nd stage of the tender, provided that the pending order quantity of the tendered item (ELASTIC RAIL CLIP MK-V) with live Delivery Periods on them from All Indian Railways (as on tender closing date) is less than two times of firm's annual production capacity [as indicated in the RDSO Vendor Directory as Capacity (PA) for RDSO Item ID: 3100558, ELASTIC RAIL CLIPS as on tender closing date]. The firm shall furnish the requisite information regarding pending Purchase Orders/Supply Orders with live Delivery Periods in the prescribed proforma attached with the tender. (ii) Only those bidders who are found suitable/eligible in the 1st stage of the tender shall be considered for the 2nd stage of the financial bid.(iii) In case of any discrepancy or mismatch in the pending order quantity furnished by the bidder in the prescribed proforma, the pending order quantity of All Indian Railways for ELASTIC RAIL CLIP MK-V as reflected in iMMS as on the tender closing date shall be considered for evaluation of the bid.Note: In case, bidder does not indicate their pending order quantity in their bid or indicate their pending order quantity elsewhere in the bid other than the prescribed proforma, then Railway reserves the right to evaluate the bid based on the pending order quantity of All Indian Railways for ELASTIC RAIL CLIP MK-V as reflected in iMMS as on the tender closing date. ( Click here to download Format)

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Commercial-Compliance

1. 1

   Code of Integrity, Misdemeanour and Penalties: - I/We have carefully gone through the IRS conditions of contract particularly Para pertaining to "Code of Integrity, Misdemeanour and Penalties". I/We hereby certify that none of our sister concern 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 concern or affiliates including ours are liable to be rejected. I/We, affirm that we shall abide by the Code of Integrity in general, with specific reference to conflict of interest, anti-competitive practices and obligation to proactive disclosures. 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. (Note: - May confirm as Yes, to certify all the above certification.)

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2. 2

   In case your confirmation in commercial compliance regarding Code of Integrity, Misdemeanor and Penalties is "No", then provide/upload the names and addresses of your sister concerns or affiliates .

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3. 3

   Special condition regarding GST for submission of bid document:- A. Tenderers may please note that the supply of goods and/or services would be subject to GST Act and Rules as applicable. B. All the bidders/tenderers should ensure that they are GST compliant and their quoted tax structure/rates are as per the GST Law. Tenderers must indicate GST registration number while submitting their offer. C. In case the successful tender is not liable to be registered under CGST/GST/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. D. Firm has to specify/mention HSN code applicable for the item as per GST act.

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4. 4

   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

   LOCAL CONTENT AS PER MAKE IN INDIA POLICY:- Order shall be restricted to Class-I Local Suppliers only (with minimum local content of 50%) as per Make in India Policy for the tendered item and as such, the vendors who do not qualify to be Class-I Local Suppliers for the tendered item, should not quote in this tender as their offer shall not be considered for any ordering. In case, any vendor who does not qualify to be a Class-I Local Supplier for the tendered item participates in the tender, it does so at its own risk and cost and Railways shall not be liable for any loss or damage caused to the vendor.
6. 5.1

   LOCAL CONTENT CERTIFICATE : Procurement value of this tender is more than Rs. 10 Crores. [i] Irrespective of the value of the tender case, the Class-I local supplier/Class-II local supplier at the time of bidding 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 (format enclosed). [ii] In cases of procurement for a value in excess of Rs. 10 Crores, the Class-I local supplier/Class-II local supplier shall be required to provide, at the time of execution of the contract, a certificate from the statutory auditor or cost auditor of the company (in the case of companies) or from a practicing cost accountant or practicing chartered accountant (in respect of suppliers other than companies) giving the percentage of local content. The same shall also be provided by the contractor along with the bill submitted by the contractor for payment. For cases where it is not possible to provide the requisite certificate at the time of execution of the contract, the supplier is permitted to provide the requisite certificate for local content at the time of submission of bill. Submission of the requisite certificate by the contractor is mandatory for claiming any payment from the Railway. In case the contractor/supplier does not meet the stipulated local content requirement and the category of the supplier changes from Class-I to Class-II/Non-local or from Class-II to Non-local, a penalty of 10% of the value of the portion of contract for which the stipulated local content requirement is not met, will be imposed. However, contract once awarded shall not be terminated on this account. Note: The requisite certificate of local content must be signed with UDIN or relevant similar numbers for statutory auditor or cost accountant whichever is applicable, and should be verifiable online using such UDIN (or other relevant number as the case may be)

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7. 5.2

   I hereby certify that the local content offered, as defined under the Make in India policy of the Government of India and referred to in the NIT, is 50% or more, and that the local value addition will be carried out at my work(s) address specified in the RDSO Item ID 3100558 (Elastic Rail Clips). Note: Firm complying this may please confirm as YES.

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8. 6

   LAND BORDER COUNTRIES : Every bidder will be required to furnish following certification (with regard to Rule 144 (xi) of General Finance Rules (GFR), 2017 as per Annexure F of WCRs e- TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver. 7.0, applicable w.e.f. 31.10.2022) along with the bid.
9. 6.1

   LAND BORDER COUNTRIES : IN CASE BIDDER IS INDIAN FIRM OR FROM A COUNTRY THAT DOES NOT SHARE LAND BORDER WITH INDIA, SHALL CONFIRM AS UNDER :- I have read the clauses regarding restrictions on procurement from a bidder of a country which shares a land border with India as per Annexure F of WCRs e-TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver. 7.0, applicable w.e.f. 31.10.2022); I certify that this bidder (in whose behalf I am submitting this bid) is not from such a country which shares a land border with India with regard to contents of Annexure F of WCRs e- TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver. 7.0, applicable w.e.f. 31.10.2022). (Note: - Indian firms and firms from countries not sharing border with India, may please confirm as YES)

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10. 6.2

    LAND BORDER COUNTRIES : IN CASE BIDDER FIRM IS FROM A FOREIGN COUNTRY THAT SHARES LAND BORDER WITH INDIA, SHALL SUBMIT CERTIFICATE AS UNDER:- I certify that this bidder (in whose behalf I am submitting this bid) is from such a country which shares a land border with India with regard to contents of Annexure F of WCRs e-TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver. 7.0, applicable w.e.f. 31.10.2022) with Ministry of Finance Order (Public Procurement No. 4), F. No. 7/10/2021- PPD(1) dated 23/02/2023 circulated vide OM No. F.7/10/2021-PPD dated 23.2.2023; and I further certify that this bidder has been registered with the Competent Authority. I hereby further certify that this bidder fulfils all requirements in this regard and is eligible to be considered.(Note 1: WHEREVER A BIDDER FROM SUCH A FOREIGN COUNTRY THAT SHARES BORDER WITH INDIA QUOTES, HE WILL NEED TO UPLOAD A COPY OF VALID REGISTRATION BY THE COMPETENT AUTHORITY (OR DOCUMENTARY EVIDENCE OF EXEMPTION AS PER NOTE 2 BELOW) WITHOUT WHICH THE OFFER SHALL BE SUMMARILY REJECTED.)(NOTE 2: Restrictions under this rule shall not apply to bids from such countries (even if sharing a land border in India) to which the government of India has extended lines of credit or in which the government of India is engaged in developmental projects. For updated lists of countries in which line of credits have been extended or in which developmental projects are undertaken are given in the website of the Ministry of External affairs and such firm will need to submit such documentary evidence.)The terms 'bidder' and 'bidder from a country which shares a land with India' shall be as defined in para II and III respectively of Annex III of Ministry of Finance Order (PublicProcurement No. 4), F. No. 7/10/2021-PPD(1) dated 23/02/2023 circulated vide OM No. F.7/10/2021-PPD dated 23.2.2023.

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General Instructions

1. 1

   [a] Offers of the firms suspected to have quoted in cartel are liable to be ignored for placement of order. The decision of Railway administration in this regard will be final and binding. [b] This is an e- tender hence manual tenders will not be accepted.
2. 2

   Bankers name, place, Core Banking Account No and Type of account, Branch Code, IFSC Code, MICR Code, PAN No, GSTIN No, Mobile No. Blank Cancelled Cheque etc. may please be mentioned in the bill to avoid delay in payment. The suppliers while claiming the payment will furnish the following certificate to the paying authorities for GST. We hereby declare that additional set offs / input tax credit to the tune of Rs._______ has accrued and accordingly the same is being passed on to the purchaser and to that effect the payable amount may be adjusted.
3. 3

   Tenderers are required to quote in the same rate unit (i.e. Number, set etc.) as given in the tender schedule. Any deviation in this aspect will make the offer liable to be ignored. Also the rates and other financial terms quoted in relevant columns of financial bid will only be ruling term for acceptance. Such terms quoted anywhere else shall be ignored.

1. 1

   Validity of Offer: No deviation from the offer validity period stipulated in the tender is permitted.