Running Contract for Supply, Installation and Commissioning of Fog Pilot Assistance System for Safety (Fogpass) with AMC

(i) Regular and bulk quantity orders will be placed only on RDSO UVAM approved vendors for the tendered item (RDSO Item ID: 3100585) as on the date of tender closing. Other details will be as per clause 2.4.1 of attached document (Integrated bid document of PLW for e-tenders). (ii) Where there are not more than three Indian suppliers categorized as Approved Vendors for the tendered item, Development vendors appearing in same UVAM can be considered for placement of bulk order without any quantity restrictions in terms of clause 2.4.1.1(ii &iii) of PLW IBD (uploaded).

Offers of developmental vendors appearing in U-VAM for the tendered item (without any condition for prototype/field trial clearance) can be considered for developmental order upto 20% of NPQ.

PVC Clause: The fixed price contract and PVC is not applicable in Tender. Tenderer to quote on firm price basis only otherwise offer will be summarily rejected.

Firm should mention their type of industry like, MSE/Medium/LSI/PSU(Railway)/PSU(nonRailway)/SC/ST/Women and attach relevant documents.

The bidders are required to submit the information in their bid [in format given in attached document of tender) about their sister-concerns (Name of Firm, Address, Phone No. and Email) who have participated in this tender themselves or through their authorized dealer/agent. If there is no sister- concern then also 'NIL' remark should be written. This information and declaration should be furnished as per format given in attached document of IBD in pdf. If it is found at any stage of tender/contract that there been wrong information or concealing of facts on part of bidder/supplier, it shall render the bid/contract liable for rejection/cancellation, in addition to other penal action which may be taken by Purchaser under provisions of laws governing the tender/contract.

Firm needs to confirm this clause:- "We hereby declare that in quoting the above price, we have taken in to account the full effect of Input Tax Credit available under GST. We, further agree to pass an any financial gain/benefit as may become available in future in respect of all the input tax credit on the date of supply by way of reduction in price and advise the purchaser accordingly." We also undertake that we are aware of the provisions of section 171 of the CGST Act and consequences thereof if we fail to comply with the same.

The bidders to submit details of outstanding orders on them for this item.

The bidders to mention their monthly capacity for supplying of this item to PLW.

Please mention complete address of place where the item will be inspected. Please note that the place of inspection must be approved works address in case of UVAM Vendor directory items.

Bidder shall also give the details of location(s) at which local value addition is made. Please mention complete address of place(s)where the item will be manufactured in India or where local value addition is made in India.

PUBLIC PROCUREMENT ORDER 2017- REVISION :Provisions laid down in public procurement order 2017 -revision as circulated by ministry of commerce and industry vide their letterdated.19.07.2024 (as per Annexure A-5.7 of IBD attached with this tender) shall be applicable.Clause 3(b) of the said order shall be applicable in this tender. Minimum local content for purchase preference shall be 50% and the margin of purchase preference shall be 20%. As per this policy only 'class-I local suppliers' and Class-II local suppliers' are eligible to bid. Public procurement of this item is restricted to Class I/Class II local suppliers only and the vendors who do not qualify to the Class I/Class II 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 a Class I/Class II local supplier for the tendered item participates, it does so at it's own risk and cost and Railways shall not be liable for any loss or damages caused to the vendor.

The bidder shall give self-certification for local content in the quoted item (Goods/Works/Services) at the time of tendering under the relevant para ofcommercial compliance in NIT/Tender document. However, at the time of execution of the project, for all contracts above INR 10 crores, the contractor/supplier shall be required to give local content certification duly certified by cost/chartered accountant in practice in case of supplier otherthan company (or certified by statutory auditor/cost auditor of the company, in case of Companies) after issue of the purchase order and before submission of the first bill. The supplier will submit the relevant certificate to PLW's purchase office in the prescribed proforma attached as Annexure A-5.8 of PLW's IBD document. After verification & confirmation of the local content from the above said certificate, a letter will be issued by the PLW'spurchase office, in form of the Modification Advice (MA) to the Purchase Order, duly mentioning the Class of the vendor under MII policy. The above mentioned Modification Advice shall be attached by the contractor/supplier along with the first bill for claiming the payment, in case the contractor/supplier does not meet the stipulated local content requirement and the category of the supplier changes from Class-l to Class-II/Non-local or from Class-Il to Non-local, a penalty up to 10% of the contract value may be imposed. However, contract once awarded shall not be terminated on this account.

In terms of the provisions laid down in Para 10(d) of the Public procurement order 2017 -revision as circulate by ministry of commerce and industry vide their order no.P45021/2/2017- PP(BE-II) Part(4) Vol-II dated19.07.2024 (as per Annexure A- 5.7 of IBD attached with this tender), Entities of countries which have been identified by the ministries of Railways as not allowing Indian companies to participate in their Government procurement for any item related to this ministry shall not be allowed to participate in India for all items related to this Ministry, except for the list of items published by the Ministry permitting their participation. The term 'entity' of a country shall have the same meaning as under the FDI Policy of DPIIT as amended from time to time. "Bidders hereby confirms that the bidder has nothing to report to the Nodal Ministry in this regard."

Amended Rule 144 (xi) General Financial Rules (GFRs)2017 is applicable as per Annexure A-5.9 of IBD attached with this tender. Bidder hereby certifies that "l 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 this bidder fulfills all requirements in this regard and is eligible to be considered." Where applicable, evidence of valid registration by the Competent Authorityshall be attached. If such certificate given by a bidder whose bid is accepted is found to be false, this would be a ground for immediate termination and further legal action in accordance with law.

Offers of Original manufacturers [OEM] or their authorised dealers/agents only shall be considered for ordering. Dealers/Agents quoting on behalf of an OEM must upload Tender Specific Authorization from the OEM along with their offer in terms of Clause1.20 of PLW IBD , failing which their offers will be summarily rejected. OEMs/Authorized Dealers/Agents must also comply conditions asper Clause 1.20 of PLW IBD failing which their offers are liable to be rejected without any further reference.

The tenderers in their bids shall indicate the details of their Jurisdictional Assessing Officers (Designation, address & email id). In case of a contract award, a copy of the LOA/Purchase Order shall be immediately forwarded by Purchaser to the Jurisdictional Assessing Officer mentioned in the Tenderer's bid.

Earnest money deposit (EMD) : :1. The bidders shall be required to submit EMD subject to max. 20 lakhs as stipulated in the NITHEADER. Offers submitted without EMD shall be summarily rejected. However, those bidders complying with the provision mentioned in the Para 1.23.1.1 of IBD are exempted from submission of EMD. Such bidders availing exemption are required to submit signed bid security declaration as per Annexure-A-5.6 of IBD attached with this tender.2. Exemption for MSE will be applicable who attach/submit UDYAM Registration certificate irrespective of relevance of product category.

Please mention HSN code of your quoted product and applicable rate of GST . Also attach your registration certificate of GSTIN.

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.

DELIVERY SCHEDULE: Delivery schedule is tentative and supply order placement authority reserves the right to reschedule the delivery to meet the requirement.

MSEs who are interested to avail the benefits, should follow the guideline as mentioned in para 1.21.1 of IBD (uploaded).

Warranty clause: : : 36 months from date of delivery.

Packing Condition: : : Packing Condition: As per para 9.0 of RDSO Spec. No. RDSO/SPN/201/2010, VER.-2.0.

Security deposit: : The successful tenderer shall be required to submit security deposit at the rate 5% of contract value subject to max. Rs. 50 lacs except for those tenderers who are exempted from paying security deposit. Bidders seeking waiver of security deposit will have to submit requisite documentary evidence as referred in para 1.23.2.1 of IBD attached with tender by uploading the same while submitting online bids.

Splitting of quantity: : Splitting of tendered quantity is applicable in this tender as per Clause 2.3.1. of PLW IBD Document (uploaded).

Firm to supply the tendered stores at the rates quoted in accordance with the IRS Conditions of Contract and[or]special and [or]other conditions specified/attached with the tender.

All bidders should confirm to submit e-bills through IREPS for this item. No manual bill will be accepted.

Rates and other financial terms to be quoted in relevant columns of financial bid will only be ruling terms for acceptance. Such terms quoted anywhere else should be ignored. [Denial of this condition not recommended].

Force Majeure Clause will be applicable as per clause 2602 of IRS Conditions (pdf uploaded).

CONSIGNEE PARTICULARS: : The material shall be delivered directly to the sheds/Consignee of Zonal Railways. Tentative Consignee details of Zonal railways are given in Annexure-I (attached). However, final details shall be given in supply order after finalization of RGC.

Payment terms: : Payment terms of "100% payment against R/Note" should be read as: Item-1: 80% payment on receipt of material with Inspection Certificate against CRC issued by Gazetted Officer of particular shed/workshop & counter signed by DY CME/Plg of PLW, Patiala. Balance 20% after successful installation and completion of commissioning/testing of material against CRN. The CRN shall be countersigned by Dy. CME/Plg., PLW, Patiala prior to release of payment. Note: Payment shall be released by the PFA, PLW, Patiala.

Item-2: Payment shall be made as per Document No. PLW/AMC/FOGPASS/001, Rev.-3, September 2025.

NOTES: (1) FIRM TO QUOTE RATES FOR ITEM-1 AND ITEM- 2 SEPARATELY. HOWEVER, THE EVALUATION OF BIDS WILL BEDONE ON THE COMBINED COST OF SUPPLY OF FOG PILOTASSITANCE SYSTEM & ANNUAL MAINTENANCE CONTRACT.

Running Contract placed against this tender will be governed by all the conditions mentioned in schedule of tender and documents attached with this tender.

Before submission of bid, Bidder should study all the terms and conditions mentioned in the tender document along with the files attached with the tender.

Inspection: : Inspection by TPI agency at Firm's approved premises. Note: Special conditions for inspection through TPI are as per Annexure-II (uploaded).

INSPECTION OF BOUGHT OUTS & CRITICAL RAW MATERIALS: 1) Inspecting Engineer of Inspecting Agency shall ensure that all the documents, i.e. Tax Invoice (priced or un-priced), Import documents (if any), Test certificates/WTC, Delivery Challan etc. of all the bought outs & Test certificates of critical raw materials, submitted by Principal firm or Sub vendor at the time of inspection are original and relate to each other in all respects as per requirement of the purchase order to ensure that the Bought Outs & critical raw materials have been genuinely procured from approved sources or as per PO. A copy of all such documents shall be uploaded & provided by the Inspecting Engineer along with the Inspection Certificate to PLW along with complete traceability records like Sr. No. Make etc. Inspection certificate issued without these documents will be considered as incomplete Inspection Certificate. 2) Firm should provide all the above stated documents as required by the Inspecting Engineer of Inspecting Agency for verification and uploading by the Inspecting Engineer along with the Inspection Certificate. Bills of the firm will not be passed with incomplete Inspection Certificate issued without these documents.

F.O.R: : F.O.R "Destination" shall be decided by PCMM PLW/Patiala.

Consignee location for supply and AMC : : Consignee location of "Punjab" should be read as "Anywhere in concerned Railways",

Runing Contract : The Contract is being awarded in terms of Running Contract (RGC) for a period of one (1) year from the date of Issue of Running Contract. However, the currency of the contract may be extended further for a period of six months with mutual consent between the Contractor and the Purchaser. During this period, formal Supply Orders will be placed by competent authority i.e. PCMM/PLW/PTA or his authorized Official, for delivery of material. The cumulative supply order quantity should be within the Running Contract quantity.

Placement of Supply Orders to operate the Running Contracts finalized against this tender : a) After finalization of Running Contract, with the currency of Running Contract, the Contract shall be operated by placement of Supply Orders and the delivery period for the supplies to be made against the Supply orders (based on the DP stipulation mentioned in the Running Contract) shall be clearly indicated. Other terms and conditions of the supply Orders shall be as per the Running Contract.b) The Supply Orders against the Running Contracts shall be placed by PCMM/PLW/Patiala or his authorized representative.c) The tenderer should note that supply Orders will be issued with delivery of specific units of material to be completed within specified period as indicated in the Supply Order. The tenderer/supplier should note that failure on part of supplier to complete supplies within specified period as indicated in supply shall be treated as a breach of contract on part of supplier and in such situation the supply order placing authority shall have all rights to take all necessary penal actions (for the quantity whose delivery period expired but supplies not made by the supplier) against the supplier as per terms and conditions of the contract.d) Fixation of the delivery period for a particular Supply Order would be done based on the DP stipulate mentioned in the Running Contract.e) Supply orders placed within Currency of Running Contract are legal binding Contract, even in cases where terminal Delivery date is beyond the Currency of Running Contract.

Liquidated Damages for Delayed supplies against Supply Order : a) Railway will recover from the contractor as agreed LD and not by way of penalty, a sum equivalent to 1/2% (Half percent) of the price of any stores (including element of taxes, duties) which the contractor has failed to deliver within the period fixed for delivery in the Supply Order or as extended, for each week or part of the week during which the delivery of such stores may be in arrears where delivery thereof is accepted after expiry of the aforesaid period subject to maximum of 10% value of the delayed supplies. b) Upper limit of recovery of LD will be 10% of value of delayed supplies irrespective of delays, unless otherwise provided, specifically in the contract.

Cancellation of P.O. of the RGC after banning/De- listing of RGC holder firm : In Case during the currency of RGC, If any RGC holder gets banned/De-listed by the approving agency or any other court, the RGC shall be cancelled without any liability on either side.

Revoke of Contract holder during currency of the RGC contract : Running contract is in nature of Standing Offers. These standing offers mature into legally binding contracts, when a supply order is placed in pursuance thereof. Being a standing offer, contract holder or purchaser may revoke it at any time during the currency of contract giving notice of minimum 45 days.

The firm shall complete the supply of material against previous order of lower rates first then only will it start the supply against higher rate P.O. Receipt/Depot officials shall ensure the same while taking the material in accountal in the interest of Railways.

This tender and the contract/Purchase order placed against this tender will be governed by all the conditions mentioned in schedule of tender and documents attached with this tender.

It is certified that this tender complies with Public Procurement Policy Order-2017 dated 15/06/2017.