Rate Contract [RC] for Manufacture and Supply of Pre tensioned Pre stressed Concrete (PSC) Sleeper Set for 1 in 12 - 60Kg(UIC)/60EI WITH R260 / RR350HT RAIL as per RDSO's Drawing for General Layout Drg. No. T-9790 (FOR 25T AXLE LOAD), FOR HTS Drg. No. T 8719 and Sleeper's Drawing Nos. T-9682 to 9686, T-9687 to 9769 & T-9770 to 9773 with latest alteration.

Concrete Sleeper Plants (CSPs) certified by RDSO for undertaking production of PSC Main Line sleepers or any other category of PSC sleepers for IR will be considered eligible for placement of orders (Bulk or Developmental as per status of RDSO approval/certification) against this tender. BULK ORDER: Railway reserves the right to order entire or bulk quantity on RDSO approved vendors. DEVELOPMENTAL ORDER: RDSO Developmental Vendors shall be eligible for developmental order of 20% of net procurable quantity [NPQ]. Total quantity to be ordered on developmental vendors shall be limited up to 20% of NPQ. NOTE: Please also see the Para on Technical Compliance.

Existing manufacturers quoting for supply from a new location after shifting their existing plant should have prior approval for supply from new location as per instructions of Railway Board vide letter No. 2004/Tk- II/22/11/5 dated 22.02.2006.

Plants, which have already been permitted for shifting of location but have not shifted/started production from new location, even after lapse of one year or more from date of issue of permission letter, shall not be eligible to quote from old location. They will be eligible to quote from new location only if they have already obtained the RDSO certification of Plant at new location, before the date of tender opening.

Those plants will be considered CLOSED, which have not manufactured any type of sleepers (mainline, Turnout, special sleepers) for more than five years reckoning from the date of tender opening. Such plants will not be eligible for tender until and unless fresh RDSO certification/approval is obtained and placed on record.

Minimum quoted quantity by a tenderer for a plant (total of quantities quoted for all the consignees) should not be less than 50% of RDSO certified rated production capacity for a period of 2 years under consideration, i.e., minimum quantity (total for all the consignees) to be quoted by a tenderer should not be less than (2 x 0.5 x 12 x monthly certified production capacity by RDSO). Offers quoting for quantity (total for all the consignees) less than above specified minimum quantity or total of tendered quantities for all the consignees (whichever is lower) will be summarily rejected.

The Firm should not be BLACKLISTED/REMOVED/SUSPENDED/BANNED for business by Railway.

Price Variation Clause [PVC] shall be strictly as per Price Variation Clause given in Para 13 of Special Conditions of Contract for Sleeper (attached with this tender). Any offer with different PVC formula or quoting different base month or linking with different indices or fixed rate etc., as compare to the PVC formula provided in the tender shall be summarily rejected.

The offer shall be kept valid for acceptance for a minimum period of 120 days from the date of opening of the tender. In case the tenderer stipulates validity period of offer less than 120 days, then offer may be treated as unresponsive and shall be summarily rejected.

Inspection by Consignee as per Para 6 of Special Conditions of Contract for Sleeper [attached with this tender].

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.

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. Purchaser reserves the right to call for fresh self certification for Local Content from technically suitable offer where either self certification for local content has not been uploaded or for any other reason deemed fit by the purchaser. Tenderer who are not able to provide above mentioned document, the tenderer will be treated as non-local supplier and the offer will not be considered for any order. The decision of the purchaser in this regard will be final. [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)

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 Iam 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 credit or 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 in 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 (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.

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 procurements 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) 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 (copy enclosed as enclosed document) ; 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 (Note:- Indian firms and firms from countries not sharing border with India, may please confirm as YES)

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.

Code of Integrity, Misdemeanor and Penalties :- 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 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 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. (Note: - May confirm as Yes , to certify all the above certification . )

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 .

Rate of Supply: Delivery of material should be completed within 12 months from the date of Supply order/Purchase order issued against the Rate Contract (RC). Supplier may be required to supply the material at the rate of maximum of 441 sets per twelve (12) months from the date of issue of Supply order/Purchase order. If the quantity in Supply order/ Purchase order is more than 441 sets, then delivery period will be proportionately increased. However, the validity of Rate contract (RC) will be 24 months from the date of issue of Rate contract (RC).

Tender Evaluation :

For purpose of determining inter-se position, item wise - consignee wise FOR Destination rate shall be considered. Tenderers to please note that supply locations may consist of more than one location in the same Division of WCR. The complete address and quantities to be delivered to each location in the Division and bill passing/paying officers will be given in supply orders placed against the Rate Contract.

Freight Charges: (i) Material will be normally collected by consignee at Railway's own transportation cost. In such cases, freight will not be payable to the firm. However, the consignee (Officer of User Department NOT below the JAG level) may also ask the firm to deliver the goods as per contract terms & conditions. In case of failure of Consignee to lift the material, the Firm has to take written permission from Consignee (Officer of User Department NOT below the JAG level) for dispatching the material at Firm's cost. The payment towards the freight will be paid at actuals, subject to the maximum ceiling limit mentioned in the Purchase Order/Supply Order. (ii) Firms to quote single equated freight charge separately upto consignee destination (any where in a particular Division of West Central Railway) covering for transportation of finished sleepers from their loading point to consignee destination.

Tender evaluation will be on FOR Destination basis.

The guarantee herein contained shall expire in respect of each sleeper on the expiry of five years from the date of the manufacturing / three years from date of placement in service, whichever is earlier, except in respect of defects notified to the contractor prior to the expiry of such date. Provisions of IRS T39 / T45 in this regard shall also be applied. For further details of Guarantee, please refer to para 19 of Special Conditions of Contract for Sleeper [attached with this tender].

Fall clause: The Fall Clause shall be applicable in accordance to para (c) of Railway Board's letter no. 2022/RS(G)/779/2 dated 14.02.2022 (Attached with this tender).

Preferential Treatment to MSEs :- Benefits/Preferential Treatment to MSEs:- Benefits/Preferential treatment to MSEs (Micro and Small Enterprises) under Public Procurement Policy will be applicable as per Para 1.9.1 of Annexure-B of WCR's e-TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver. 7.0, applicable w.e.f 31.10.2022). MSE firms owned by SC/ST have to indicate and upload SC/ST certificate issued by the district authority along with their offer for consideration, no back reference in this regard will be made.

Splitting clause :-Splitting clause will be applicable as per 14.0 of AnnexureB of e- Tender document for supply contracts (Ver.7.0, applicable w.e.f. 31.10.2022.)

(i) Public Procurement (Preference to Make in India), Order 2017 :- PREFERENCE TO MAKE IN INDIA policy will be applicable as per ANNEXURE-D of WCR's e-TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver. 7.0, applicable w.e.f 31.10.2022) uploaded on IREPS website with file named Tender conditions applicable for all tenders published on or after 31102022 Version 7.0 which is available on Home Page of IREPS Website https://www.ireps.gov.in/ > Downloads > Public Documents > Goods & Services > selecting Organization as Indian Railway, Zone as WCR and Department as Stores and Filtering the tab. The procurement of items for which sufficient local capacity and competition exists as per Railway Board's letter No. 2015/RS(G)/779/5(Vol.III) dated 22/06/2020, letter No. 2015/RS (G)/779/5(Vol.III) dated 12.07.2020, letter No. 2015/RS(G}/779/5(Vol.l) dated 24.09.2020 and other Railway Board's letters (incorporated in revised Annexure D of WCRs e TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver.7.0, applicable w.e.f. 31.10.2022)) shall be 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 Suppliers 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. Boards letter No. 2015/RS(G)/779/5(Vol.III) dated 22/06/2020 and letter No. 2015/RS (G)/779/5(Vol.III) dated 12.07.2020 (incorporated in revised Annexure D of WCRs e TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver.7.0, applicable w.e.f. 31.10.2022) ),only Class I Local Suppliers and Class II Local Suppliers shall be eligible to quote. Only in global tenders Non Local Suppliers will be eligible to quote along with Class I Local Suppliers and Class II Local Suppliers.

(ii) Public Procurement (Preference to Make in India), Order 2017 In respect of para 10d of revised Public Procurement (Preference to Make in India), Order 2017 dated 16.09.2020, intending tenderers may please note as under:- Entities of countries which have been identified by the Nodal Ministry/Department as not allowing Indian companies to participate in their Government Procurement for any item related to that Ministry/Department shall not be allowed to participate in Government procurement in India for all items related to that Nodal Ministry/ Department, except for the list of items published by the Ministry/Department permitting their participation. The term entity of a country shall have the same meaning as in the FDI policy of DPIIT as amended from time to time. No offer of a supplier or bidder from a foreign country will be considered unless he furnishes a declaration (with regard to para 10d of revised Public Procurement (Preference to Make in India), Order 2017 dated 16.09.2020) that his country does not disallow Indian suppliers to participate and/or compete in procurement of the tendered item in that country. The para 10d of revised Public Procurement (Preference to Make in India), Order 2017 dated 16.09.2020 shall be applicable in respect of items/countries notified by the Nodal Ministry relating to the tendered item. If an Indian supplier has information of any such notification in respect of tendered item, it will be necessary for him to submit copy of such notification along with his offer. In case, the Indian supplier does not have copy of notification, he shall provide documentary evidence of such restrictions placed by the foreign country for the Railway to act upon. Bidders may please note that - Entities of countries which have been identified by the Nodal Ministry/Department as not allowing Indian companies to participate in their Government procurement for any item related to that Ministry/Department shall not be allowed to participate in Government procurement in India for all items related to that nodal Ministry/Department, except for the list of items published by the Ministry/Department permitting their participation. The term entity of a country shall have the same meaning as in the FDI policy of DPIIT as amended from time to time.

EMD&SD :- EMD shall be governed by para 5.0 of Annexure-B & SD shall be governed para 6.0 of Annexure- B of e- Tender document for supply contracts (Ver.7.0, applicable w.e.f. 31.10.2022.) (uploaded on IREPS website named Tender conditions applicable for all tenders published on or after 31102022 Version 7.0 which can be seen and downloaded from Home Page of IREPS Website https://www.ireps.gov.in/ > Downloads > Public Documents > Goods & Services > selecting Organization as Indian Railway, Zone as WCR and Department as Stores and Filtering the tab) with amendment as follows. (a)Para 5.1 (vii) of Annexure- B : may be read as Vendors appearing on the approved vendor lists of RDSO/PUs/CORE for the tendered item, subject to approval status being valid on the date of tender closing. (b) Para 6 (i) (g) of Annexure- B : may be read as Vendors appearing on the approved vendor list of RDSO/PUs/CORE for the tendered item ,subject to approval status being valid on the date of tender closing . (c) Para 6 (ii) Note of Annexure- B : Deleted . (d) Para 6.3 of Annexure- B : Deleted.

GST :- GST clause shall be applicable as per para 10.1 to 10.5 of annexure 'B' of e-tender document for supply contracts (Ver.7.0, applicable w.e.f. 31.10.2022.)

Financial Bid :- 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). Firm should note that amount of charges related to forwarding, freight etc. are considered which are mentioned in financial bid. Charges mentioned at different location other than financial bid are not considerable and to be treated as Nil. 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.

Handling of Guarantee/Warranty Rejections :- Tenderers are advised to please note that Special Tender Conditions regarding Handling of Warranty Rejections as per Railway Board's Letter No. 2022/RS(G)/779/7(3390005) dated 17.10.2022 (with latest amendments) have been incorporated as per Annexure-H of WCRs e-TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver. 7.0, applicable w.e.f. 31.10.2022). The same shall be applicable. As per these instructions, a completely Online Integrated Warranty Management System has been proposed to be in place over entire Indian Railway. Till digitization process is complete, the same shall be followed manually in case of warranty rejections. The onus of marking and traceability of material as per purchase order shall be on vendor who shall ensure that material despatch documents have details such as batch number, serial number, major sub- component of the item, date of manufacturing (in MM/YYYY), expiry date (wherever applicable), manufacturers marking, Make/Brand etc till digitization process is completed for vendor to indicate these details in IREPS

As time is the essence of contract, the tenderers are to note the Railways required delivery schedule given in the tender and quote accordingly. Vague delivery period or a very high delivery period compared to Railways specific delivery period in the tender schedule may be considered commercially unresponsive and is liable to be ignored. The decision of purchaser in this respect shall be final and binding.

Terms & Conditions of Contract :- The contract shall be governed by latest version (along with all correction slips) of IRS conditions of contract, and all other terms and conditions incorporated in the tender documents. IRS Conditions of Contract is available in Annexure-E of WCR's e-TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver. 7.0, applicable w.e.f. 31.10.2022). All other terms and conditions shall be applicable as per WCR's e-TENDER DOCUMENT FOR SUPPLY ONTRACTS (Ver. 7.0, applicable w.e.f 31.10.2022) uploaded on IREPS website with file named Tender conditions applicable for all tenders published on or after 31102022 Version 7.0 which can be seen on Home Page of IREPS Website https://www.ireps.gov.in/ > Downloads > Public Documents > Goods & Services > by selecting Organization as Indian Railway, Zone as WCR and Department as Stores and Filtering the tab

RISK PURCHASE & General Damages(GD):- Provisions of Risk Purchase given in Para 23.0 , 23.1 of Annexure- B of WCR's e-TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver. 7.0, applicable w.e.f. 31.10.2022) stands deleted , however Para 23.2 remains applicable . Provision of General Damages given in para 24.0 Annexure- B of WCR's e-TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver. 7.0, applicable w.e.f. 31.10.2022) stands deleted

Bank Detail :- 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

Deviations: -Tenderers, in their own interest, are advised to avoid quoting of deviations as the deviations that are not acceptable to the purchaser may result in the offer being ignored/adversely considered. The decision as regards acceptability of a deviation shall lie with the purchaser only.

On conclusion of tender (including acceptance of counter-offer(s) wherever applicable), Letters of Acceptance (LOAs) to the concerned CSPs will be issued conveying acceptance for such quantities that are decided in the tender and total of such quantities will be the quantity that is tentatively required over a period of 2 years subject to application of quantity option clause. Purchase Orders (POs) will be placed by PCMM/WCR Office for such quantities for which valid demands are immediately/readily available from user department. Such POs will be placed on concerned CSPs for such quantities that will keep the same proportion of quantities as has been accepted in LOAs against the tender. POs for balance quantity will be placed subsequently as and when demands from user department are received. Quantity distribution of such subsequent POs will be in same proportion as the first POs (or LOAs) in normal circumstances or with slight variation/time lag in maintaining the proportion depending on quantity/urgency etc but subject to total accepted quantity in respective LOAs. The variations of quantity of POs/subsequent POs will be as per terms and conditions of tender.