Rate Contract for Manufacture and supply of Metal Liners 60 kg for use with ERC MK-III flat toe on PSC sleepers for 60 kg (UIC) rail to RDSO Drg. No. T-3740 (Alt-7)

Special Eligibility Criteria

1. 1

   1a) BULK ORDER:Bulk Order (Bulk Order is defined as minimum 80% of net procurable quantity in a tender) shall be ordered on established sources having proven past supply performance as defined below.For placement of bulk quantity order, the manufacturer firm must have successfully supplied minimum 20 % of the TENDERED QUANTITY of the tendered item or similar item (similar item means any type of Metal liner) in a single purchase order or contract of Zonal Railways/ PUs/CORE during the period of three previous completed financial year and current financial year up to date of tender Closing. Successful supply shall mean acceptance of supply by consignee. (1b) DEVELOPMENTAL ORDER ON THE BASIS OF PAST PERFORMANCE:If such past supply performance level is lower than as required for bulk order (i.e. minimum 20%), then the offer may be considered for placement of developmental order not exceeding to 20% of the net procurable quantity. For establishing above past Supply Performance (1a & 1b above), firms should submit documentary evidence certifying proof of supply performance, which shall be scanned copies of Receipt Notes or Consignee Receipt & Acceptance Certificate or Consignee Receipt Note or Supply Performance issued by Gazetted Officer of consignee or Inspection Certificates along with self-declaration for supplying the material/performance statement by the bidder (in case of Inspection Certificates). Furnishing of false declaration/statement shall render termination of contract and further action as per terms and conditions of contract.(1c) DEVELOPMENTAL ORDER ON THE BASIS OF OTHER CREDENTIALS:The tenderer who have no past performance as above may also be considered for such developmental order not exceeding 20 % of the net procurable quantity, but for consideration of such offers, Tenderers must be able to demonstrate their Capacity-cum-Capability to manufacture the tendered item. For this, tenderer must submit the details of Inspection Certificate of the tendered item / similar item (similar item means any type of Metal liner) or details of M&P/Testing facility/QAP/ISO certificates/Technical manpower available with them or any other details as may be warranted as per the technical specification and drawing. Tenderers are to note that non submission of the documents to establish their eligibility for (1a) or (1b) or (1c) shall be taken as they are not having any such documents. Their offer shall be considered based on whatever documents are submitted by them with the offer and no back reference in this regard will be made to them. NOTE: For the purpose of this clause, the TENDERED QUANTITY is to be considered as "Sum of the quantities of all the consignees".

   Document requiredConfirmation required
2. 1.1

   ONUS OF SUBMISSION OF REQUISITE DOCUMENTS: The onus of submission of requisite documents as given above for establishing their eligibility for bulk or developmental order lies with the tenderer. Tenderers are to note that non submission of the documents as detailed above shall be taken as they are not having any such documents. In case the tenderers do not submit the requisite documents as detailed above along with their e-offer, for stock item WCR reserves the right to decide the tender on the basis of their past supply performance records as per IMMS history sheet of WCR for the tendered item. In case of non- stock items, WCR reserves the right to decide the tender on the basis of WCR vendor performance available in IMMS for the tendered item. No back- reference in this regard will be made with the bidder.

   Confirmation required
3. 2

   TENDER SPECIFIC AUTHORIZATION: - Authorized agents of OEM must submit Tender Specific Authorization of the OEM. No back reference will be made in this regard & communication received after opening of tender will also not be entertained. The material supplied by the traders will be inspected at the OEM premises by the inspecting agency before supply. Neither one agent can represent two OEMs nor can one OEM authorize two agents. Purchaser reserves the right to reject both bids in such cases. In a tender either the Agent on behalf of the OEM or OEM itself can bid but both cannot bid simultaneously for the same item in the same tender. In cases where both OEM and their agent participate in bidding for same item, any or both the bids shall be liable to be rejected.

   Confirmation required
4. 3

   Evaluation of the tender is 'Itemwise'. Tender is issued making separate item for each Consignee. Separate 'PL Code' has been assigned, accordingly, for each Consignee's requirement. Any bidder may submit their bids for any one, more than one or for all 'PL Codes'. 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) Minimum offered quantity by a tenderer for a particular Consignee should be 50% of the tender quantity for that Consignee. Offers for quantity less than the minimum quantity as specified above, will be summarily rejected for that particular Consignee.

   Confirmation required

Commercial-Compliance

1. 1

   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.

   Document optional
2. 2

   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.
3. 2.1

   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). 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)

   Document requiredConfirmation required
4. 3

   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
5. 4

   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 including all corrigenda issued till date of tender closing); I certify that this bidder (in whose behalf I am submitting this bid) is not from such acountry 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 including all corrigenda issued till date of tender closing). (Note: - Indian firms and firms from countries not sharing border with India, may please confirm as YES).

   Document optionalConfirmation required
6. 4.1

   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 including all corrigenda issued till date of tender closing) 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 (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.

   Document optional
7. 5

   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.)

   Document optionalConfirmation required
8. 6

   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.

   Document optionalConfirmation required

General Instructions

1. 1

   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.
2. 2

   [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.
3. 3

   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.

1. 1

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