Running contract of One year for supply Anti-Creep Device for 6400 mm curved switches with ZU- 1- 60/60E1A1 thick web tongue rails for 1 in 8.5 turnouts

Special Eligibility Criteria

1. 1

   The Purchaser reserves the right to place order for either entire or bulk quantity {minimum 80% of the net procurable quantity} upon the RDSO approved/development vendors as available on U-VAM for Item Id :- 3100045 for Fabricated Switch OR 3100582 for Thick Web Switches OR Vendors having past experience for supply of any variant/drawing of ACD in last five financial years in terms of para 0805 of Western Railway Bid Document (Indigenous purchases) Version-14 Of June 2024.(i) The approval status & prototype approval status in Vendor Directory on UVAM shall be reckoned as on the date of tender closing and not thereafter, unless it is a case of removal/suspension/ banning. (ii)Minimum 80% of the net procurable quantity shall be ordered on the vendors appearing as Approved vendor on UVAM portal online as on tender closing date. Vendors appearing as Developmental vendor in RDSO vendor directory will be considered up to a maximum of 20% of NPQ. However, this is subject to a condition that rates of developmental vendors are lower than the rates of vendors eligible for regular orders. In case 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 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 without any quantity restrictions. Quantity allocation among eligible vendors shall be based on pre decided tender criteria & criteria mentioned below. Vendors having conditional approval on UVAM shall not be eligible for order of any quantity. Note:-If the work address indicated in the offer is different from what is indicated in the approval certificate issued by the respective vendor approval agency, then such offer will be treated s if the same has been received from an unapproved source.

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2. 2

   Keeping with the Public Procurement (Preference to Make in India) Order, 2017 as amended, it has been found that there is sufficient local capacity and competition in supply of thetendered 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 localsuppliers 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 itemparticipates 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.

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3. 3

   RDSO Approved Vendors should quote for minimum 50% of tendered quantity and Developmental Vendor should quote for minimum 20% of tendered quantity. Any offer for the quantity ofless than specified here shall be considered as unresponsive and such offer shall be summarily rejected. Purchaser however reserves the right to place order on one or more firms for anyquantity.

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Commercial-Compliance

1. 1

   Earnest Money Deposit : Earnest Money Deposit (EMD) for stores Tenders:1.1: EMD shall be submitted by tenderer as specified in tender schedule, along with their online offer. There shall be no exemption from submission of EMD for any tender or by any tenderer except those exempted following:(a) EMD shall normally not be called against Limited Tenders with estimated value up to Rs. 25 Lakhs (including Single tenders, Global limited tenders)(b) Micro & small Enterprises(MSEs) registered for the tendered item.(c) Other Railways and Government Departments.(d) Indian ordinance Factories.(e) PSUs owned by Ministry of Railways and PSUs for the group of items that are manufactured by them in terms of Railway.(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 Railways 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.(j) KVIC and ACASH shall be exempted from EMD for items supplied by them.1.2: Offers submitted without EMD shall be summarily rejected.1.3 EMD amount will be as(Rounded off to nearest higher Rs10 (Ten)-(i) For Estimated value of tender above Rs. 25 Lakhs and upto Rs. 50Cr. EMD will be @ 2% of the estimated value of the tender subject to Max. Rs 20 Lakhs(ii) For Estimated value of tender above Rs. 50 Cr. EMD will be Rs. 50 Lakhs.1.4 All vendors exempted from submission of EMD as per above paras, shall be required to sign a bid security declaration in IREPS as follows I/we hereby understand and accept that if I/we withdraw or modify my/or bid during the period of validity, of if I/we are awarded the contract and on being called upon to submit the performance security/Security Deposit, fail 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 6 (six) months, from the date I/we are declared disqualified from exemption from submission of EMD/SD, for all tenders for procurement of good issued by any unit of India Railways published during this period.

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2. 2

   Security Deposit : Security Deposit will be applicable as per para 0600 of Western Railway Bid Document (Indigenous Purchases), Version -14 of June 2024 and clause no. 3.4 of IRS Condition of Contract, 2025.Bank Guarantee: As per proforma given in Annexure-5 of Western Bid Document (Indigenous purchase), version 14 of June2024.Note:- Offers from firms not exempted and denying to pay Security Deposit will be summarily rejected.

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3. 3

   SD Forfeit : 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 there of 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 there after 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 that 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.

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4. 4

   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.

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5. 5

   Warranty/Guarantee : As per IRS Condition of contract/ as per specification whichever is higher is applicable.

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6. 6

   LIQUIDATED DAMAGES (LD) ONDELAYED SUPPLY : LD for delayed supplies: Recovery of Liquidated Damages shall be levied @ 1/2 % (Half percent) of the value of the delayed stores per week or part of week during which delivery is accepted. The upper limit for recovery of LD in supply contracts shall be 10% of the value of stores delayed, irrespective of delays, unless otherwise specifically provided in the contract.

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7. 7

   Risk purchase : 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.

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8. 8

   FOR : DESTINATION only will be acceptable irrespective of F.O.R. /F.O.T. condition mentioned elsewhere in the contract / tender.

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9. 9

   Delivery : The delivery period shall be reckoned from the date of issue of PO /Letter of Advance Acceptance/ Letter of Acceptance as the case may be.

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10. 10

    MII : Make in India policy shall be applicable as per para 1800 of Western Railway Bid Document (Indigenous Purchases), Version-14 of June 2024. Bidders to submit details of location(s) where local value addition is made. In case no details are furnished, it will be presumed that the indicated works address(es) of manufacturing in India are the location(s) of local value addition.

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11. 11

    Land Border Conditions : A bidder from a country which shares a land border with India will be eligible to bid only if the bidder is registered with Competent Authority as specified in Para 1810 and Annexure7 of Western Railway Bid Document (Indigenous Purchases), Version -14 of June 2024.Note:- In compliance of restriction under Rule 144(xi) of GFR-2017, bidders must submit the self-declaration certificate as specified in Annexure-8 attached with Western Railway Bid Document (Indigenous Purchases), Version -14 of June 2024, reproduced below:1. " 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; This 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 fulfills all requirements in this regard and is eligible to be considered."2. " I have read the clause regarding restrictions on procurement from a bidder having Transfer of Technology (TOT) arrangement. I certify that this bidder does not have any TOT arrangement requiring registration with the competent authority."OR"I have read the clause regarding restrictions on procurement from a bidder having Transfer of Technology (TOT) arrangement. I certify that this bidder has valid registration to participate in this procurement."(Tick whichever is applicable, and also where applicable, evidence of valid registration by the Competent Authority shall be attached).If the bidder fails to give above mentioned declaration along with the offer, then it will be considered that the contents of above declaration have been read and unconditionally agreed and accepted by the tenderer.If the tenderer are not agreeable to this declaration they have to categorically mention about the disagreement in Techno Commercial Deviation.

    Document required
12. 12

    Deviations : 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.

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13. 13

    Goods and Services Tax (GST) : As per clause 0906 of WESTERN RAILWAY Bid Document (Indigenous Purchases), Version -14 of June 2024 attached with the tender. All tenderers to quote HSN code and corresponding GST rates for the item/items quoted.

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14. 13.1

    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.

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15. 13.1.1 Bidders shall also give declaration as below:- I/We agreed to pass on such additional input tax credit as may become available in future under GST scheme, in respect of all the inputs used in the manufacturing and/or supply of final goods/services on the date of supply by way of reduction in price and advise the purchaser accordingly.

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16. 14

    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

   Validity of Offer : Tenderers to quote minimum 120 days validity of offers.
2. 2

   Inspection Clause : Inspection will be done by Third Party Inspection (TPI) agency as per para 2600 & para 2700 of Western Railway Bid Document (Indigenous Purchases), Version-14 of June 2024. Place of inspection should be indicated in the bid. Prototype inspection, wherever required against developmental orders, will be done by the nominated vendor approving agency for the item. Balance supplies after clearance of the prototype can be inspected by the TPI Agency, as decided by the purchaser.Note: Bidders to note that Para1303, 1304, 1305, 1306 and 1400 of IRS conditions of contract, 2022 to be read as Clause 6.3, 6.4, 6.5, 6.6 and 4.6 respectively of IRS conditions of contract, 2025 attached with this NIT.
3. 3

   Handling of rejection of pre-inspected item and warranty rejections : Handling of rejection of pre inspected item and warranty rejections shall be as per Para 1203 of Western Railway Bid Document (Indigenous Purchases), Version- 14 of June 2024. Note: Clause 703 of IRS Conditions of Contract, 2022 mentioned to be read a Clause 7.6 of IRS Conditions of Contract, 2025 attached with this tender.
4. 4

   Packing & Marking : Firm to mark their name and month/year of manufacturing as per drawing wherever indicated. In case the drawing does the same, it should be provided at location where it should not affect the use of the item and it should not get obliterated while in use. Firm single use plastic should not be used in packing of material to be supplied otherwise it will be rejected.
5. 5

   Collect back scheme for packing waste under SWM : Collection of non-bio degradable solid waste after successful delivery of the product /material from consignee place will be arranged by the supplier.

1. 1

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