Running Contract for Procurement of Wider PSC Sleepers-RT-8746

Special Eligibility Criteria

1. 1

   All RDSO certified Sleeper Plants on IR are eligible to participate in current tender. The tenderer (Concrete Sleeper Plant i.e CSP) must, fulfill all the following conditions to be eligible for placement of regular/developmental orders against this tender: 1) Only Concrete Sleeper Plants (CSPs) certified by RDSO for undertaking production of PSC Main Line sleepers for IR will be considered eligible for placement of orders (regular or developmental as per status of RDSO approval/certification) against this tender. 2) Existing manufacturers quoting for supply from a new location within geographical jurisdiction of Eastern Railway after shifting their existing plant should have prior approval for supply from new location as per instructions of Railway Board contained in letter No. 2004/TkII/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. 3) 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. 4) Minimum Quoted quantity by a tenderer for a plant should not be less than 50% of RDSO certified rated production capacity for period of 2 years under consideration i.e minimum quantity to be quoted by a tenderer should not be less than or equal to = ( 2 X 0.5 X12 X monthly certified production capacity by RDSO). Offers quoting for less than specified Minimum quantity or tendered quantity (whichever is lower) will not be accepted. 5) The Firm should not be black listed/suspended/banned for business by Railway.

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2. 2

   In terms of Railway Board letter no. 2015/RS(G)/779/5(Vol.III) dated 22.06.2020 and in keeping with the Public Procurement (Preference to Make in India) Order 2017 as amended time to time, it has been found that there is sufficient local capacity and competition in supply of the tendered item of required quality and therefore, public procurement of this tendered item is restricted to Class-I local suppliers only (Class-I local supplier means a supplier having local content equal to or more than 50 percent).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 Railway shall not be liable for any loss or damage caused to the vendors.

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Commercial-Compliance

1. 1

   Transportation and dispatch shall be in accordance with the provisions contained in Para 9 of the Special Conditions of Contract. Accordingly, the transport of sleeper shall generally be by Rail, where the destination has Rail Tracks. In such cases of transportation by Rail, the contractor shall place an indent for rake/wagons for transport by Rail. In case Rake/wagons is not allotted, the same should be documented and only then the road transport should be used. Where the destination does not have rail head, the contractor may transport the sleepers by road. In either case, the freight will be reimbursed on actual (based on documentary evidence) or as mentioned in the contract, whichever is lower.

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2. 2

   Price Variation Clause: As per Para 13 of Special Conditions of Contract attached with this tender. In order to avoid blockage of funds till final escalation is worked out and paid on the basis of indices for the month of production, the accepted price will be updated every six months as per the above formula for escalation. First updating shall be done on the basis of indices for the month of acceptance of tender as soon as confirmed indices for the month of acceptance are available. Payment for the supplies made shall be done at the latest updated price. Any offer with different PVC formula or quoting different base month or linking with different indices or fixed rates etc as compared to the PVC formula provided in the tender will not be applicable.

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3. 3

   In case of procurement for the value in excess of Rs.10 Crores, the "Class- I local supplier"/ "Class-II local supplier" shall, along with the supply, be required to provide 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 account (in respect of suppliers other than companies) giving the percentage of local content to the consignee. 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 up to 10% of the contract value may be imposed. (Clause 28.1.3 under section-2 of ER GTC regarding Public Procurement Policy for Preference to Make in India may be referred).

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4. 4

   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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Special Conditions

1. 1

   In case of any contradiction or conflict, provisions/conditions mentioned in IRS condition shall prevail over General tender condition of contract. In case of any contradiction or conflict provisions/conditions mentioned in Special Condition of Contract shall prevail over General tender conditions and IRS conditions of contract. Further In case of any contradiction or conflict, provisions/conditions mentioned in Special Condition of Contract, IRS conditions of contract and General tender conditions, the provisions/conditions mentioned in tender document (NIT) shall supersede all and will be final.
2. 2

   This is a running contract tender. The Running Contract Quantity (RGC) will be indicative in nature. Railway does not guarantee to place the order for the entire RGC quantity. The supply order will be placed from time to time as per requirement of Eastern Railway.
3. 3

   FOR : Free at destination. Destination for delivery of material shall be to various consignees situated in different Divisions of Eastern Railway viz ASANSOL, MALDAH, HOWRAH, SEALDAH.
4. 4

   Consignee : Any where in Divisions of Eastern Railway viz ASANSOL, MALDAH, HOWRAH, SEALDAH
5. 5

   Evaluation Criteria : For purpose of determining inter-se position, Item wise-consignee wise FOR/Free at destination rate i.e all inclusive destination delivery rate shall only be considered.
6. 6

   Freight charge : Firm to quote Single Equated Freight Charges separately up to consignee destination ((in the respective Division) covering for transportation of finished sleepers from their loading point to consignee destination for the purpose of evaluation. However, freight reimbursement to firm shall be made in accordance with the provisions contained in Para 2 of Special Conditions of Contract.
7. 7

   Acceptance of Tender : 1. The purchaser reserves the right to reject any or all of the tenders in part or full at his sole discretion without assigning any reasons. 2. Railways does not pledge itself to accept the lowest or any tender and reserves to itself the right of acceptance of the whole or any part of the quantity offered. The decision of Railways with regard to allotment of quantity so as to ensure uninterrupted supply of sleepers will be final. 3. The acceptance of the tender will be communicated by letter of acceptance direct to the tenderer. In case where a counter offer is issued, the unconditional acceptance of counter offer will result in a validly concluded contract, though formal letter of acceptance may be forwarded to the contractor at a later date.
8. 8

   Dispatch : As per para 9 of special conditions of contract enclosed.
9. 9

   Guarantee : As per Para 19 of Special Conditions of Contract attached with this tender
10. 10

    Earnest Money Deposit (EMD) and Security Deposit (SD) : will be applicable as per para 8.0 and 9.0 respectively of Section-1: Instructions to Tenderers for e-Tender, of ER General Tender Conditions. However, Tenderers intending to supply PSC line sleepers from their existing RDSO certified/approved sleeper plants, can submit their tenders without Earnest Money. Tenderers willing to claim Earnest Money exemption on this account should upload documentary evidence of having valid RDSO certified/approved plant.
11. 11

    Quantity Splitting Clause will be applicable as per Annexure III attached with Tender Documents.
12. 12

    Unloading of sleepers : The Contractor shall be responsible for delivery of sleepers to the consignee/ destination indicated by the Purchaser during the execution of the contract. Unloading at Consignees end will have to be arranged by the consignee in case of transportation by Rail. In case of road dispatches, the contractor will be responsible for unloading. Consignee/place of delivery is shown on indicative basis. The firm may, however, be required to supply to any consignee over Eastern Railway. Actual details of these parameters will be available in Supply Order as per of Special Terms and Conditions of tender of Running Contract, attached with the tender.
13. 13

    Court Jurisdiction : For any disputes related to contract or inspection/action by Inspecting Agency, the court jurisdiction would be Kolkata, West Bengal.
14. 14

    Settlement of Disputes : Mode of settlement of disputes /differences, arisen out of the contract if any, between the purchaser and the supplier shall be made through Arbitration, which shall be governed by the provisions under clause 2900 of IRS Conditions of Contract, with latest amendments and/or further amendment thereafter if any. Ref.: RB letter no. 2018/TF/Civil/Arbitration Policy dated 12.12.2018.
15. 15

    This tender is for concluding a running contract, which shall remain valid for 2 (Two) years from the date of issue of Letter Of Acceptance (LOA). Purchaser shall also have the right to enhance currency of running contract up to 6 months on the same rates , terms and conditions at its sole discretion. Further extension, beyond 6 months may be done with mutual consent of supplier and purchaser.

1. 1

   Validity of Offer: No deviation from the offer validity period stipulated in the tender is permitted. Firm will have to submit quotation with a validity for a minimum period of 180 days otherwise their offer will be summarily rejected.

2. 2

   Price Variation Clause: No deviation from the Price Variation Clause stipulated in the tender is permitted.