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Special Eligibility Criteria

1. 1

   1.Bulk procurement of this item will be made from proven source having performance for supply of tendered item or similar category item (with same specification but with different shade)to any of Railways or PUs for quantity not less than 20 percent of total tendered quantity in last 3 years from tender closing date. 2. Firm should submit documentary evidence as proof of execution of PO, such as copies of R.Notes/CRAC/CRN/completion report. Failure to submit necessary documentary evidence along with offer will imply that firm has no such performance and the offer will not be considered for bulk order. 3. Firms supplied tendered item to Western Railway in last 3 years from tender closing date will also be considered for order based on the records available with the Railway

2. 2

   EMD: As per Para 0500 of Instructions to Tenderers for electronic tenders and General Conditions of tender available at IREPS portal at link https://ireps.gov.in/ireps/upload/repository/railway/483/148/public/InstructionstoTenderersandGeneralConditionsofTenderIndigenousVersion14_2.pdf Vendors registered with WR for the trade group of the item tendered are also eligible for EMD exemption. The bidder seeking EMD exemption, must submit valid supporting document for the relevant category. Under MSE category, only manufacturers having UDYAM certificate are eligible for exemption from EMD. Traders are excluded from the purview of this Policy. UDYAM certificate should be uploaded for MSE benefits. Rly Bd letter No. 2020/RS(G)/363/1 dt 03.11.2022 is applicable.

3. 3

   In keeping with the Public Procurement (Preference to Make in India) Order 2017, latest revision, it has been found that there exists sufficient local capacity and competition in supply of the tendered item of required quality and therefore public procurement of the item is restricted to " Class I local suppliers " only and the vendors who do not qualify to be Class I 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 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.

4. 4

   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, 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. h) Traders/Authorized Dealers/ Agents are not eligible to avail the benefits extended to MSEs under the Public Procurement Policy. i) Authorized agent quoting on behalf of a manufacturer will not be exempted from remitting Earnest Money Deposit (EMD) / Security Deposit (SD), owing to any of the exemptions applicable to the manufacturer represented by them.

Commercial-Compliance

1. 1

   Earnest Money Deposit (EMD): Earnest Money Deposit shall be as per para 0500 of Western Railway Bid Document (Indigenous Purchases),Version -14 of June 2024. EMD is compulsory and offers without EMD, except those exempted will be summarily rejected. In para 0502, (vii) is added as "Vendors registered with Railways for the trade group of the item tendered". Vendors (other than those appearing on vendor panels of approving agencies) seeking exemption from EMD, shall have to attach scanned copy of requisite document along with offer in support of their claim for exemption, failing which their offer will not be considered eligible for exemption from EMD. An authorized agent quoting on behalf of a manufacturer shall not be exempted from remitting EMD owing to any of the exemption claimed. 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 "

2. 2

   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

3. 3

   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 corrigendums and amendments, if any, issued before the tender closing date shall be applicable.

4. 4

   Land Border declaration: as per para 1820 vi of Western Railway document uploaded in ireps portal at link https://ireps.gov.in/ireps/upload/repository/railway/483/148/public/nstructionsforTenderersGeneralConditionsofContractVerion14June2024VERSION16.pdf Please upload declaration as per above mentioned para. I have read the clause regarding restrictions on procurement from a bidder of a country which shares a land border with India; I certify that the bidder is not from such a country or, if from such a country, has been registered with the Competent Authority. I hereby certify that the bidder fulfils all requirements in this regard and is eligible to be considered. [Where applicable, evidence of valid registration by the Competent Authority shall be attached.]"

5. 5

   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.

Other Conditions

1. 1

   spection by:CONSIGNEE .If total value of purchase is above Rs. 5 lakh. then Inspection done by TPI Agency
2. 2

   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
3. 3

   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.
4. 4

   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.
5. 5

   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.
6. 6

   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.
7. 7

   MSE Purchase Preference:The purchase preference to MSEs shall 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 (MESs) 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.

   Document optional
8. 8

   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-biodegradables old waste after successful delivery of the product/material from consignee place will be arranged by the supplier.
9. 9

   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 fulfilment 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 instalment/lot, each such instalment/lot forms a severable contract. In case of failure by contractor to meet deliveries for any instalment/lot, purchaser may cancel the contract for defaulted quantity by forfeiting SD commensurate to that instalment/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
10. 10

    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 non-exempted vendor. These damages shall be treated as recoveries outstanding against the vendor and dealt with accordingly.
11. 11

    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)
12. 12

    MARKING: Tenderers are requested to despatch the paint consignment within a maximum period of 3 months from the date of manufacture. The drums should be marked with month and year of manufacture, besides other statutory & other requirements as per governing specification, failing which supplies will be rejected.
13. 13

    PACKING SHOULD BE IN 20 LTRS. NEW AND SOUND M.S. NON RETURNABLE DRUMS, GRADE B-II CONFORMING TO IS: 2552 1989 THIRD REVISION WITH AMEDT. NO. 1 OF APRIL' 99.

1. 1

   Validity of Offer: The offer should be valid for 90 days from the date of opening of tender. No deviation from the offer validity period stipulated in the tender schedule is permitted, Offers quoted with shorter validity shall be deemed as commercially unresponsive and shall be summarily rejected.