instructions to tenderers for e-tenders 1.0...

of 34

INSTRUCTIONS TO TENDERERS FOR e-TENDERS

1.0 BEFORE FILLING UP THE TENDER FORM, PLEASE READ THE (A) INSTRUCTIONS TO TENDERES FOR e-TENDERS, (B) GENERAL TENDER CONDITIONS, (C) IRS CONDITIONS OF CONTRACT (AS APPLICABLE). THESE ARE AVAILABE ON THE IREPS WEBSITE www.ireps.gov.in. THE CONTRACTS AND THE SUPPLY WILL BE GOVERNED BY THESE CONDITIONS. YOUR DIGITAL SIGNATURE ON THE E-TENDER FORM WILL BE INDICATIVE THAT YOU HAVE READ AND ACCEPTED ALL THE CONDITIONS AND UNDERTAKE TO ABIDE BY THESE CONDITIONS UNLESS SPECIFICALLY DENIED/MENTIONED BY YOU IN YOUR OFFER. 1.1 On behalf of the President of India, Executive Director Railway Stores (S), Railway

Board, Rail Bhawan, New Delhi-110001 (hereinafter referred to as the Purchaser) invites electronic tenders for the supply of items as set-forth in the “Notice Inviting Tender” and “Item Details” page attached with each electronic tender “Financial Rate Page Screen” on Running Contract basis. The Contract, if placed, shall be governed by (i) the latest version of IRS Terms and Conditions of Contract, which is available at the respective links on the Indian Railway e-procurement site www.ireps.gov.in and (ii) the conditions laid down in the Tender Document.

1.2 It will be presumed that the firms who have submitted the e-bid along with Tender Cost,

have gone through all the terms and conditions of tender thoroughly and accept IRS conditions of contract, until and unless firms specify the deviations from terms and conditions of tender and IRS conditions of contract in their quotations (Annexure ‘D’).

2.0 Tender Documents and Tender Cost: 2.1 Tenderers are expected to upload their bids after depositing the requisite cost towards

tender documents. It is, therefore, advised that evidence of payment of tender document cost is kept handy, before attempting submission of e-bid.

(i) Tender cost of ` 10,000/- (` Ten thousand) only, non-refundable can be paid by

submitting a Bank Draft drawn on any Nationalized Bank in favour of the FA&CAO of any of the 17 Zonal Railways payable at their respective headquarters or by cash deposit to them. Scanned copy of the receipt in support of depositing the tender cost may be uploaded with the e-bid. The original receipt should be submitted personally before due date and time of closing of bids or sent through Registered Post/Speed Post so as to reach Executive Director Railway Stores (S), Railway Board, Rail Bhawan, New Delhi-110 001 before due date and time of closing of bids duly indicating the Name of Tenderer, Tender No. and Due date on the reverse of the receipt. They should also superscribe “Cost of Tender Document for e-Tender No. 2015IS190 and Closing Date 07.04.2016 and time 14.30 hours” on the envelope.

http://www.ireps.gov.in/


of 34

(ii) Exemption from payment of Tender Cost:

Firms registered with NSIC for the tendered items are exempted from payment of tender cost. However, such firms must upload legible scanned copy of current & valid NSIC certificate for the tendered item in support of their claim failing which their offer will not be considered.

2.2 e-Tender documents consist of:

(a) Instructions to Tenderers for e-Tenders (b) General Tender Conditions (c) Annexures ‘A’ to ‘I’ (d) IRS Conditions of Contract, which is available on IREPS website.

2.3 Manual offers shall NOT be accepted against e-Tenders, even if they are submitted on

the Firm’s letterhead/ any other form acquired or downloaded, and, submitted before closing time. All such manual offers shall be considered as invalid offers and shall be rejected summarily without any consideration.

3.0 Filling of e-Tenders 3.1 Tenders should be duly filled in (on the assigned space), duly signed with the digital

signature and submitted online. All mandatory fields marked (*) have to be filled by the tenderers.

3.2 Tenderers must fill-in the techno-commercial offer form (consisting of eligibility criteria,

terms and conditions, performance statement, deviation statement, checklist & special conditions etc.), financial offer form and attach scanned copy of necessary documents.

3.3 All the mandatory fields of the Techno-commercial offer form and Financial offer form

(i.e. Rate page) including basic rate, all taxes and duties (including maximum percentage of Sales Tax/VAT and Excise Duty), or any other taxes/duties which may become applicable during the currency of the contract and any other charges have to be filled up by the vendor. The unit of rate shall be as indicated in the tender schedule and cannot be altered by the vendor. All-inclusive rates on FOR ex-works basis shall be automatically calculated by the system and shown to the vendor before submission of offer (Screenshot/print screen will not be taken as proof of having submitted the same rate).

3.4 Tenderers should clearly indicate separately ex-works basic price, packing charges,

forwarding charges, Excise Duty, Educational Cess and Sales Tax/VAT applicable for each unit tendered. Road freight charges on per MT per KM basis may be filled in the format given in clause 5.11 of General Tender Conditions and uploaded with the e-bid.

3.5 Tenderers should show discount in the rate schedule only, instead of anywhere else in

the offer. Discounts not shown at designated place will be summarily ignored for assigning inter-se ranking of offers. Conditional discount will not be considered for adjudging the inter-se position i.e. rate quoted without any conditions attached (viz. Discount/ Rebates having linkages to quantity, payment, Inspection agency, destination, delivery place etc.) will only be considered for evaluation purpose. In other words,

of 34

discounted rates linked to quantities, prompt payment etc. will be ignored for determining inter-se position. Purchaser, however, reserves the right to use the discounted rate/ rates considered workable and appropriate, for counter offer to the successful tenderers.

3.6 Delivery is required to be made as per Supply orders issued by DRS (I&S), Railway

Board, Kolkata. Any deviation to this may be considered as commercially unresponsive and the offer is liable to be ignored.

3.7 Deliveries are to be made preferably by Road transport. 3.8 Maker’s name and address and Brand of the stores offered must be stated, if required,

as per drawing/ specification. Otherwise offers are liable to be rejected. 3.9 Offers should be valid for 180 days after closing date of tender. Any offer having lesser

validity shall be deemed as commercially unresponsive and is liable to be ignored. 3.10 e-Tender form is not transferable. 3.11 Any financial elements indicated in the remarks column will not be taken for ranking/

evaluation and will be summarily ignored. Tenderers are, therefore, advised not to enter any financial element in the remarks column available in the Financial Rate page.

3.12 The Tenderers are required to quote in the same units (MT) as given in the tender

schedule. Any deviation in this aspect will make the offer to be summarily ignored. 3.13 Tenderers are advised to quote for minimum 50% of the Tender quantity for each item,

failing which their offers are liable to be ignored. 4.0 Specifications: 4.1 Unless Specifications as mentioned in the tender schedule are provided with the tender

documents are made available in IREPS website for downloading by the tenderers, the same may be obtained directly from RDSO on payment.

4.2 If any tenderer happens to quote with his own Specification, then he shall have to

necessarily submit all the requisite documents and information in support of his offer being in conformity with the tendered Specification. Furthermore, such specifications/ catalogues are also to be uploaded, failing which the offer is liable to be ignored.

5.0 Documents to be attached/ uploaded along with e-Bid

Scanned copy of the following documents should be uploaded along with the e-Bid: (a) Offer Form (as per Annexure ‘A’).

(b) Statement of deviations from Technical Specification (as per Annexure ‘C’) and

Statement of deviations from tender terms & conditions (as per Annexure ‘D’). (c) Price Variation Clause (as per Annexure ‘E’).

(d) Performance statement (as per Annexure ‘F’).

of 34

(e) Details of Machinery and Plant, other equipments, testing facilities, quality

management/control systems and details of technical manpower available (as per Annexure ‘G’).

(f) Proof of having paid EMD and tender cost or grounds in favour of

exemption/waiver, details of which has been submitted by the tenderer in payment detail page of the e-Tender (in case payments have been made manually).

(g) Road freight charges in ` per MT per KM for different distance slabs as per

clause 5.11 of General Tender Conditions.

5.1 Compliance to Tender Conditions/Checklist for Vendor: Vendors are advised to complete the “Compliance to tender conditions/ Checklist” with

each offer specifically stating “yes” or “no” against each item. In the case of a “no” they must indicate reason for not agreeing with that item in the appropriate box.

6.0 Bid Submission: 6.1 e-bid along with the relevant documents must be uploaded and digitally signed with the

digital signature of the pre-authorized personnel of the tenderer already registered with the IREPS website. Digital signature used must be “Class IIIB with Company Name” obtained from G.O.I. approved Certifying Authority.

6.2 Tenderers must look out for Notice Inviting Tender (NIT) for as soon as it is available in

IREPS website and upload their offer well in advance without waiting for closing date and time, to avoid last minute hassles in their own computer system or communication line. Purchaser will not be responsible for non-participation of vendors due to any technical problems on the day of tender closing time.

6.3 Only bids received in the Electronic tender box available on the website

www.ireps.gov.in will be considered.

6.4 The e-procurement system does not permit submission of any offer after the closing date and time of that e-Tender. Hence, there is no scope of any Late/Delayed offers in the online bidding process.

7.0 Tender Opening 7.1 Electronic tender boxes will be opened only after stipulated closing date and time of the

tender as shown on the IREPS Website. 7.2 e-Tender boxes will be opened by minimum two authorized Railway officials using their

secured digital permissions, passwords and digital private keys obtained from GOI approved certifying agencies. The icon will indicate that the tenders have been opened.


of 34

7.3 Vendor shall not be required to be present in the Railway Board office for any e-Tender opening process. They can obtain totally transparent bid tabulation statement by logging on to the IREPS website after tender opening.

7.4 All the participating vendors who have submitted valid electronic offers can view their

own offer details as well as the tender tabulation statement after tender opening, from any remote location using internet access by visiting the website www.ireps.gov.in instantly after opening of the virtual tender box, by clicking on the icon.

7.5 The purchaser does not guarantee opening of the tenders immediately after the closing

date and time due to reasons beyond its control and hence tenders can be opened after the due date and time also. It will however, be ensured that no offers are submitted after tender closing date and time. Vendors cannot submit/ modify any offer or attach any file to it after the closing date and time as stipulated in the tender notice. System does not permit any alteration, modification, deletion of any entry or condition, offered by the tenderer in the e-tender, after closure of the virtual tender box.

7.6 Right of Acceptance - The Purchaser or any officer authorized on behalf of the

Purchaser does not bind himself to accept the lowest or any other offer and reserves the right to cancel, reduce or divide the contract on more than one source without assigning any reason for such action.

8.0 Earnest Money Deposit: Every tenderer should submit earnest money of ` 10,00,000/- (` Ten lakhs only). The

earnest money is required to be deposited with FA & CAO of any of the 17 Zonal Railways, in the form of

(a) Cash or Bank Guarantee executed by a Nationalized bank/ Scheduled

Commercial bank of India, or (b) Fixed Deposit Receipts of the Scheduled Bank of India approved by Reserve

Bank of India or Bonds of IRFC & KRCL, or (c) Pay order or Demand Drafts or Guarantee Bond in the proforma enclosed as

Annexure ‘H’ executed by the State Bank of India or by a Scheduled Bank duly stamped and approved by the Reserve Bank of India in terms of Government of India Bank Guarantee scheme.

Earnest Money may be paid manually (i.e. offline) as indicated under Para (2.0) for tender cost before the closing date and time of the e-tender. Copy of BG/Fixed Deposit Receipt should also be submitted personally before due date and time of closing of bids or sent through Registered Post/Speed Post so as to reach Executive Director Railway Stores (S), Railway Board, Rail Bhawan, New Delhi-110 001.

8.1 Exemption: The under-mentioned categories of Tenderers are exempted from

depositing earnest money:

(a) Vendors registered with NSIC up to the monetary limit of their registration for the items tendered.


of 34

(b) Vendors on approved list of RDSO for those specific items for which they are on approved list.

Tenderer(s) exempted from payment of Earnest Money shall have to upload with their offer, a scanned copy of requisite documentary evidence in support of their claim.

8.2 EMD should remain valid for a period of 45 days beyond the final offer validity period.

EMD will be refunded to the successful tenderers without any interest on receipt of security money. EMD will also be refunded without any interest to unsuccessful tenderers after finalization of tender. Offers without Earnest Money or documentary evidence in support of exemption from paying Earnest Money are liable to be rejected.

8.3 If the validity of the offer is extended, the Earnest Money Deposit/Bank Guarantee duly

extended shall also be furnished failing which the offer after the expiry of the aforesaid period shall not be considered by the purchaser.

8.4 If the tender is cancelled by the Railway Administration before tender opening, any EMD

paid shall be refunded to the tenderer without any interest. 8.5 Forfeiture of Earnest Money:

The Purchaser shall have the right to forfeit the Earnest Money Deposit if the tenderer withdraws, amends, impairs or derogates from the tender in any respect within the validity period of his offer.

8.6 If the successful tenderer fails to furnish a contract Performance Guarantee and fails to

return the formal contract duly signed within thirty days of the receipt of the formal contract, then the earnest money shall be liable to be forfeited by the purchaser.

8.7 Bank Guarantees (BGs) to be submitted by supplier/contractors should be sent directly

to the concerned authorities by issuing Bank under Regd./A.D. 9.0 Security Deposit: 9.1 The Security Deposit (SD) shall be taken from all firms for contracts for all safety items

placed against advertised tenders. 9.2 The Security Deposit (SD) shall be taken from all firms for contracts for items other

than safety items placed against advertised tenders subject to following exemptions:

(a) Vendors registered with NSIC up to the monetary limit of their registration for the items ordered.

(b) Vendors on approved list of RDSO for those specific items for which they are on approved list.

9.3 The usual security deposit, shall, however be taken in case the contracts are placed on

unapproved firms or for items for which a particular firm is not approved. Tenderers are required to upload scanned copies of necessary documents as above in support of claim for SD waival, in case of such claim/request.

of 34

9.4 The amount of SD to be taken, wherever applicable, will be 10% of the total value of contract subject to upper ceiling of ` 10 lakh for contracts valuing up to ` 10 crore & ` 20

lakhs for contract valuing above ` 10 crore. 9.5 Security deposit should remain valid for a minimum period of 60 days beyond the date of

completion of all contractual obligations of supplier. After completion of all contractual obligations, SD will be returned to the successful supplier.

9.6 Forfeiture of Security Deposit:

In case of failure on the part of the firm to execute the contract, save force majeure conditions, Security Deposit submitted by the firm shall be forfeited.

9.7 The successful Tenderers will be required to deposit Security Deposit with their paying authority as required by the Purchaser for proper fulfillment of the contract. The Security Deposit may be made in any of the following manners:

(a) Deposit in Cash. (b) Government Securities to be valued at 5% below the market value. (c) Deposit receipt of any Nationalized Bank. (d) Guarantee Bonds executed by any Nationalized Bank. (e) Demand Draft of any Nationalized Bank. (f) A deposit in Post Office Savings Bank. (g) National Savings Certificate. (h) Defence Deposits. (i) National Defence Bond. (j) Bonds of IRFC & KRCL. Deposits in the Post Office Savings Bank should be hypothecated by the depositor to the Financial Adviser and Chief Accounts Officer of the Railway (Paying Authority) and pass book will remain in the custody of the Chief Cashier of the Railway.

Wherever EMD and SD are submitted through a Bank Guarantee, the issuing Bank should be advised to send the Bank Guarantee directly to the Executive Director, Railway Stores(S), Railway Board, Room, No.326, Rail Bhavan, New Delhi-110001, in the case of EMD and to the concerned FA&CAO in the case of SD by the issuing Bank under registered post A.D. EMD should reach EDRS(S) before tender opening date. EMD & SD should be in the prescribed format (Annexure-‘H’ for EMD and Annexure-‘I’ for SD).

When deposits are made in Government Securities, it should be seen that all accrued interest to the debit on the G.P. Notes is duly collected by depositors prior to the G.P. Notes being endorsed to the Financial Adviser and Chief Accounts Officer, there should be at least two blank pages on the G.P. Notes after the last endorsement by the depositor. These are necessary to enable further endorsement by the Railway to the Reserve Bank of India.

of 34

The payment of Security Deposit and Earnest Money in the form of Deposit Receipt/Pay Order/Demand Draft should be made in favour of FA&CAO of the Zonal Railway. In case of endorsement signed “PER BEARER” “FOR” power of attorney is necessary duly registered and such endorsement need be certified by the Public Department Office of the Reserve Bank of India with their rubber stamp before G.P. Notes are delivered to the Railways.

9.8 The items being procured in this tender are Non-Safety items. 10.0 Firms are advised to ensure that address furnished by them for getting digital

signature from accredited agencies are same as that furnished to and available with the centralized source approving authorities such as RDSO or NSIC (for NSIC registered firms). They are further advised that while registering themselves in the IREPS website for participation in e-procurement system, the same address as above is filled up, to avoid any vitiation of information and consequent impairment in their credentials.

of 34

GENERAL TENDER CONDITIONS 1. Technical Information

1.1 The Indian Standard Specifications may be obtained from Bureau of Indian Standards,

Manak Bhawan, 9, Bahadurshah Zafar Marg, New Delhi.

1.2 Indian Railway Standards Specifications may be obtained on payment from the Director General, Research, Designs & Standards Organization, Alambagh, Lucknow.

1.3 Steel Materials meeting other authoritative Standards which ensure a quality equal to

or higher than the standards mentioned in Annexure ‘B’ to this Tender, will also be considered for acceptance. In this connection, attention is invited to the Statement of Deviations from Tender Specifications (Annexure ‘C’) which should invariably be filled in and submitted along with the offers and further two copies of the alternative specifications offered should be sent with the offers.

2. Eligibility Criteria:

(a) Bulk Purchase will be made only from those firms, who are established, reliable,

indigenous producers of Stainless Steel having in-house Electric Arc Furnace for melting, possessing requisite heat treatment facilities as well as facilities for refining and casting stainless steel, hot rolling and cold rolling.

NB: (i) Firms who have supplied a total quantity of 6,200 MTs of stainless steel sheets and

plates against Railway Board’s contracts in last three completed financial years and current year of tender opening will be treated as established suppliers.

(ii) The tenderers are requested to furnish necessary documentary evidence in support of being indigenous producer of stainless steel having above facilities to facilitate evaluation of their offers.

(b) Offers from Tenderers, who are indigenous producers of Stainless Steel having in-house

Electric Arc Furnace for melting, possessing requisite heat treatment facilities as well as facilities for refining and casting stainless steel, hot rolling and cold rolling but have not supplied the tendered items of particular specification, grade and/or quality against Railway Board contracts in the past, may be considered for educational/developmental order if found deserving otherwise.

3. Preparation of Tender:

3.1 Tenders should be duly filled in (on the assigned space), duly signed with the digital

signature and submitted online. All mandatory fields marked (*) have to be filled by the tenderers.

3.2 Tenderers must fill-in the techno-commercial offer form (consisting of eligibility criteria,

terms and conditions, performance statement, deviation statement, checklist & special conditions etc.), financial offer form and attach scanned copy of necessary documents.

of 34

3.3 Signing of Tender: 3.3.1 The tender is liable to be ignored if complete information is not given therein or if the

particulars and data, if any, asked for are not fully filled in. Specific attention must be paid to the delivery dates and also to the conditions of the contract as the contract will be governed by them.

3.3.2 Individual signing the tender or other documents connected with the contract

electronically must specify whether he signed as: 3.3.3 ‘Sole Proprietor’ of the firm or constituted attorney of such Sole Proprietor. 3.3.4 A partner of the firm, if it be a partnership, in which case he must have authority to refer

to arbitration disputes concerning the business or the partnership either by virtue of the partnership agreement or a Power of Attorney.

3.3.5 Constituted attorney of the firm, if it is a Company. N.B. (i) In case of 3.3.4, a copy of partnership agreement or general power of attorney, in

either case, attested by a Notary Public, should be furnished or affidavit on stamped paper of all the partners admitting execution of the partnership agreement or the general power attorney should be furnished.

(ii) In case of partnership firms, where there is no authority to refer disputes to any

one partner, the tender and all other related documents must be signed by every partner of the firm.

(iii) A person signing the tender form or any documents forming part of the contract

on behalf of another shall be deemed to warrant that he has authority to bind such other and if, on enquiry, it appears that the person so signing has no authority to do so, the Purchaser, may, without prejudice to other civil and criminal remedies, cancel the contract and hold the signatory liable for all costs and damages.

3.3.6 Each page of the Tender Offer Form and Annexures, if any, should be digitally signed by

the Tenderer. 3.3.7 A list of authorized persons along with specimen signatures empowered to sign on

behalf of the Company at Headquarters and at Delhi should be uploaded with e-offer. 4. Opening of Tender:

4.1 Electronic tender boxes will be opened only after stipulated closing date and time of the

tender as shown on the IREPS Website. 4.2 e-Tender boxes will be opened by minimum two authorized Railway officials using their

secured digital permissions, passwords and digital private keys obtained from GOI approved certifying agencies. The icon will indicate that the tenders have been opened.

of 34

4.3 Vendor shall not be required to be present in the Railway Board office for any e-Tender opening process. They can obtain totally transparent bid tabulation statement by logging on to the IREPS website after tender opening.

4.4 All the participating vendors who have submitted valid electronic offers can view their

own offer details as well as the tender tabulation statement after tender opening, from any remote location using internet access by visiting the website www.ireps.gov.in instantly after opening of the virtual tender box, by clicking on the icon.

5. Prices:

5.1 Prices quoted shall be the ‘net’ prices per unit and inclusive of packing charges and

charges for spreading of the material, all tests and examination for purposes of independent inspection by the Purchaser’s representatives.

5.2 The price is subject to Price Variation Clauses as per Annexure-E. The base month for the purpose of escalation/de-escalation is indicated therein.

5.3 Charges for extra quality in the format given in Annexure ‘B’ page 4 should be filled up and scanned copy of the same are to be uploaded with the e-bid, otherwise the offers will be treated as incomplete.

5.4 Excise Duty 5.4.1 If Excise Duty (ED) is being charged extra, then the tenderer should clearly indicate the

exact rate of ED applicable in their offer. In the absence of any such stipulation it will be presumed that the prices include all such charges and no claim for the same will be entertained at a later stage.

5.4.2 Any statutory variation in ED will be applicable within original Delivery Period only

subject to documentary evidence and Govt. notifications. 5.4.3 ED will be reimbursed subject to documentary evidence and Government Notifications

only. In determining the cost of an excisable product covered by the CENVAT scheme under section 4(1)(b) of the Act, read with Rule 6 of the valuation rules, the excise duty paid on raw material also covered under CENVAT scheme is not to be included, i.e. Excise Duty paid on raw material, if cenvatted, is not to be included in determining the cost of production of excisable product.

5.4.4 If the quoted rate is inclusive of ED, the tenderer must indicate the rate of ED clearly. If it

is not done so, the offer will be taken as inclusive of ED at the highest rate obtained in the tender batch.

5.4.5 Payment of Excise Duty/ CENVAT Rules 5.4.5.1 The purchaser will not be responsible for payment of taxes and duties paid by the

supplier under misapprehensions of law or misclassification. 5.4.5.2 The claim for ED on each bill should be supported by the following certificates.


of 34

I. The rate of ED is ad-valorem. The ED at present legally leviable in this case is `

_______i.e. _______% of ` _______, being the unit value of the Stores assessed by the concerned authority of the Excise Department.

II. Certified that the ED charged on this bill is not more than that legally leviable and payable under the provision of the relevant Act or Rules made thereunder.

III. Certified that the amount of ` _______claimed as ED in this bill is in accordance

with the provision of the Rules in all respects and the same has been actually paid to the Excise Authorities in respect of the stores covered by the bills.

5.4.6 CENVAT CERTIFICATE: The Price quoted by the tenderers should take into account the credit availed on inputs

under the CENVAT Scheme introduced w.e.f. 01.04.2000. The tenderer will have to submit the following certificate with their offer.

“We hereby declare that in quoting the above price, we have taken into effect, the full

effect of the duty set-off on ‘Central excise and countervailing duties’ available under the existing CENVAT scheme. We further agree to pass on such additional duties and set off as may become available in future in respect of all the inputs used for the manufacture of the final product, on the date of the supply under CENVAT scheme, by way of reduction in price and advise the purchaser accordingly”.

In all cases, supplier will furnish the following certificate, while claiming payment, to the payment authority: “We hereby declare that additional set offs on ‘Central excise and countervailing duties’ available under the existing CENVAT scheme to the tune of ` ------- has accrued and accordingly, the same is being passed on to the purchaser, and, to that effect, the payable amount may be adjusted:”

5.5 Sales Tax/Value Added Tax (VAT)/CST

In States where Value Added Tax (VAT) regime has come into force, VAT would be payable extra. The payment of net tax of VAT would be subject to realization of Input Tax Credit, as admissible, on inputs used in the manufacture of the final product. In States where VAT regime has not come into force, Sales Tax at Special Rate of tax, if any, applicable for Central Government Department, would be payable extra. The payment of tax would be subject to realization of set off of tax paid on raw material, as admissible, on inputs used in the manufacture of the final product.

5.5.1 The Sales Tax/ VAT/ CST, with Surcharge thereon, if any, in exact percentage should be

shown clearly in the offers as applicable for the tenderer. In the absence of clear indication/no indication that these levies are payable in addition to the rates quoted, it will be assumed that rates are inclusive of all taxes/ no sales tax is applicable.

5.5.2 The tenderer should clearly indicate their Sales Tax/ VAT/ CST Registration Certificate

Number and submit declaration that “It is certified that the Sales Tax/ VAT/ CST as

of 34

claimed is legally payable by buyers and has been paid/ will be paid by us to the Sales Tax Authorities”.

5.5.3 With the Amendment of Central Sales Tax Act 1956, the concessional tax regime with

“D” form to the Government Departments has been withdrawn w.e.f. 01.04.2007. Consequent upon the withdrawal of “D” form, the rate of CST on inter-State sale to Railways shall be the rate of Value Added Tax (VAT)/ State Sales Tax applicable in the State of the selling dealer. The tenderer while quoting for CST/ VAT should indicate the applicable rate as per ruling VAT/ State Sales Tax in their State and, quote the correct rate of VAT accordingly. The tenderers should specially note that the Purchaser cannot issue any exemption form for availing concessional CST.

5.5.4 While quoting for VAT, tenderer should pass on (by way of reduction in prices) the set

off/ input tax credit that would become available to them by switching over to the system of VAT from the existing system of sales tax duly stating the quantum of such credit per unit of the item quoted for. The tenderers while quoting their rates for tender should submit the following declaration: “We agree to pass on such additional set off/ input tax credit as may become available in future in respect of all the inputs used in the manufacture of the final product on the date of supply under the VAT scheme by way of reduction in price and advise the purchaser accordingly”.

In all cases, supplier will furnish the following certificate, while claiming payment, to the

payment authority: “We hereby declare that additional set offs/ input tax credits to the tune of ` ------- has accrued and accordingly, the same is being passed on to the purchaser, and, to that effect, the payable amount may be adjusted:”

However, submission of these tender documents digitally signed without any deviation shall be deemed submission or aforesaid declaration.

5.6 The Purchaser shall, however, not be responsible for the payment of Sales Tax or any

other taxes/duties made by the Contractor under misapprehension of law. 5.7 Any statutory variation in Sales Tax/ VAT/ CST variation in future is liable to be

admissible within original delivery period only subject to production of documentary evidence and Govt. notifications, and, subject to indication of the same in firm’s offer and contract.

5.8 Where the tenderer quotes all-inclusive price without mentioning any taxes at present or

in future, and, have also not quoted with Statutory Variation Clause, the tenderer shall have to bear the future variations, in all such cases. In case of Sales Tax being inclusive, exact rate of tax is to be indicated, failing which Sales Tax will be calculated as per rule.

5.9 Entry Tax/ Exit Tax/ Octroi Duty: The purchaser will not bear any Octroi charges, Entry Tax, Exit Tax etc. and if required

will issue Octroi Exemption Certificate only. In event of Octroi Exemption Certificate not being honoured by the concerned Municipal authority, and Octroi charges become

of 34

payable, the supplier will have to bear the Octroi charges in terms of IRS Conditions of Contract.

5.10 Denial Clause Supplier will not be entitled to any benefit of statutory variations in ED & all other taxes

announced after expiry of the original Delivery Period as per Purchase Order.

5.11 Tenderers are advised to indicate the road freight on per MT per KM basis in the following format along with PVC based on the price of Diesel. However, movement by road would be allowed by purchaser in case of exigencies & urgency. The distance shall be the shortest one reckoned as per Railway Time Table:

Distance Slab Unit rate per MT per Km (`) Up to 300 Km 301 – 600 Km 601 – 1000 Km 1001 Km and above

For calculation of distance between two destinations shortest rail distance for movement of rail traffic (freight) between them will be taken. RUR = BR + BR (0.3 (RDP – ODP) )

ODP Where RUR = Revised Updated Rate in `/MT/Km.

BR = Basic Rate in `/MT/Km. ODP = Original Diesel Price at Kolkata as on the date of opening of tender. RDP = Revised Diesel Price at Kolkata applicable on date of dispatch. For Price Variation Calculation, the ruling HSD price in Kolkata will be taken and varied when the Diesel Price has decreased or increased by more than ` 1.00 (one) only as compared to last ruling price of Diesel. It is further mentioned that these freight charges would be all inclusive of local taxes, if any. The freight charges have to be filled on a separate sheet in the format given above and scanned copy uploaded with e-bid.

5.12 Consignee: Consignees will be intimated by Director Railway Stores (I&S), Railway Board, Kolkata at the time of release of Supply Orders.

5.13 Evaluation of offers: Inter-se position of offers shall be determined from offers of

individual items on FOR Ex-works basis (Basic Rate + Excise Duty + Education Cess on Excise Duty + VAT).

6. Cartel formation:

of 34

a) Wherever all or most of the (approved) firms quote equal rates and cartel formation is suspected, Railways reserve the right to place order on one or more firms with exclusion of the rest without assigning any reason thereof.

b) Firms are expected to quote for quantity not less than 50% of tendered quantity.

Offers for quantity less than 50% of tendered quantity will be considered unresponsive and liable to be rejected in case cartel formation is suspected. Railways, however, reserve the right to order on one or more firm any quantity.

c) The firm(s) who quote in cartel are warned that their names are likely to be

deleted from list of approved sources. 7. Criteria for distribution of quantities: 7.1 Case of no prior decision to split the order: 7.1.1 Normally full order will be placed on L-1 firm. However, if after due processing, it is

discovered that the quantity to be ordered is more than what L-1 alone is capable of supplying and there was no prior decision to split the quantities, then this aspect will be recorded in TC minutes/ acceptance in direct acceptance cases. The quantity being finally ordered will be distributed among the other bidders in a manner that will be fair, transparent and equitable. The manner of splitting will take specific note of the following parameters

(i) Past Performance of bidders

(ii) Capacity of bidders

(iii) Delivery requirement in the tender

(iv) Quantity under procurement

(v) Vital / safety nature of the items. 7.1.2 In the absence of any differentiation on the above parameters, the manner of splitting

will be based on the stipulation given in Para 7.2.2 below. 7.2 Case of pre-decided split ordering: 7.2.1 Railway may decide in advance to have more than one source of supply on account of

delivery requirement in tender, past performance and capability of bidders, quantity under procurement and vital/safety nature of items.

7.2.2 Following provisions (7.2.2(A) to 7.6) shall be applicable in all such cases of pre-decided split ordering:

(A) The Purchaser reserves the right to distribute the procurable quantity on one or more than one of the eligible tenderers. Zone of consideration of such eligible tenderers will be the right of the Purchaser. The zone of consideration will be a dynamic mix of inter-

of 34

se position of firms, supply performance of the firms, quantity being procured, critically of and lead time of supply of the item, number of established suppliers, their capacity etc.

(B) Whenever such splitting of the procurable quantity is made, the quantity distribution will depend (in an inverse manner) upon the differential of rates quoted by the tenderers (other aspects i.e. adequate capacity-cum-capability, satisfactory past performance of the tenderers, outstanding orders load for the Railway making the procurement, quoted delivery schedule vis-à-vis the delivery schedule incorporated in the tender enquiry etc. being same/similar) in the manner detailed in the table below:

Price differential between L1 and L2

Quantity distribution ratio between L1 and L2

Upto 3% 60:40 More than 3% and upto 5% 65:35 More than 5% At least 65% on the L1 tenderer. For

the quantity to be ordered on the L-2 tenderer, TC/TAA shall decide.

In the phrase ‘differential rates quoted by the tenderers’, the quoted rate would mean (i) When no price negotiation has been called for, the original rates as obtained at the time

of tender opening. However, the rate of the highest eligible tenderer within the zone of consideration has to be per se reasonable.

(ii) When price negotiation has been called for, the reference L-1 rate for assessment of

ratio will be the original rate of L-1 firm (suitable for bulk quantity)- say firm “A” – as obtained at the time of tender opening.

B(I) If splitting of quantity is required to be done by ordering on tenderers higher than the L2

tenderer, then the quantity distribution proportion amongst the tenderers will be decided by transparent/logical/equity based extrapolation of the model as indicated in the above Para.

B(II) There could be situation when between the lowest firm considered suitable for bulk qty

(L1 firm “A”) and another firm considered suitable for bulk quantity order, there are firms who are considered suitable only for part quantity. For example, say L1 firm ‘A’ is Pt I firm, L4 is Pt I firm (and both considered suitable for bulk quantity order) and splitting is to be done between these two Pt I firms. But there are two Pt II firms in between who are suitable for part quantity. In such cases, L1 should be given its proportion based on its rate differential with respect to L4, (say by this, L1 gets 65% of NPQ). The balance quantity (say 35% of NPQ) is to be distributed among other firms. The balance quantity is to be distributed as follows:

(a) Allocate the Pt II L2 and Pt II L3 within the overall ceiling of 15% / 25% (of 35% of

NPQ) (b) Allocate the balance quantity to L4 firm.

of 34

Since the Pt II firms are being given the order in relation to its lower position w.r.t. L4 (Pt I firm), it will not attract the provision of ‘order on Pt II rates should not be at a higher rate than Pt I rate’ as the reference rate for comparison of L2 Pt II and L3 Pt II rate is the L4 Pt I rate.

7.2.3 In cases of pre-decided splitting, if the purchaser decides not to split the ordered

quantity, the reason for the same shall be recorded in TC minutes/acceptance in direct acceptance cases.

7.3 Ordering on part II approved vendors and developmental order shall not construe

splitting of procurable quantity. 7.3.1 Considering that overall quantity limit from Pt II vendor is 25%, and the fact that Pt II

firms can fall anywhere in the inter-se position, specifying a precise situation independent distribution among Pt II firms is not possible. Suffice it to say that the tender committee/TAA will bring out the rational of quantity distribution among Pt II firms.

7.4 (i) If the lowest rate quoted by the tenderer (suitable for bulk ordering) (say firm “A”) is

not reasonable, purchaser may go for negotiation with the L1 firm “A”. However, counter offer in lieu of aforesaid negotiation is not permitted. After negotiation(s), if the negotiated rate is still considered unreasonable, then counter offer may be given to the L1 firm ‘A’. The rate to be counter offered to the firm will be a rate which the TC/purchase officer considers reasonable. If counter offer is not accepted by the firm, the tender will normally be discharged. Only in exceptional situation, where the requirement is urgent and a re-tender for the entire requirement would delay the availability of the item, purchase officer/TC may take a view to buy the bare minimum quantity. The balance quantity should be re-tendered.

(ii) Once the rate of L 1 firm “A” (whether original, negotiated or counter offered and

subsequently accepted) is reasonable, the purchaser may (in case of splitting of quantities) simultaneously counter offer to L-2, L-3 etc. (whose rates are not per-se reasonable), the rate of L1 firm “A”. Such counter offer(s) to L2, L3 will not be deemed to be negotiation. In the event of rejection of such counter offer(s), the purchaser will reserve their right to decide on the quantity distribution ratio/proportion.

7.5 For cases where the Rlys/PUs had entered into ToT/JV agreements, the following

clause should be stipulated as tender conditions: As the Railway has entered into ToT/JV agreement with…………..no. of firms, they

reserve the right to place orders on all such ToT/JV agreement partners. However, for ratio/proportion of quantity distribution among such agreement partners, conditions as detailed in Para 7.2.2 (b) shall apply with the exception that the aspect of ‘per-se reasonability’ will not be applicable.

7.6 In the cases of inadequate capacity-cum-capability, dissatisfactory past performance,

large quantity of outstanding orders (liquidation of which will take very long time) etc, the Purchaser shall have the right to distribute the procurable quantity amongst tenderers with due consideration to these constraints and in such a manner that would ensure timely supply of material in requisite quantity to meet the needs of operation, maintenance, safety etc. of the Railways, regardless of inter-se ranking of the tenderers

of 34

and in a fair and transparent manner with due conformity to the Principles of Natural Justice and Equity.

7.7 In this tender, pre-decided split ordering shall be applicable except for items where net

procurable quantity will be less than 200 MT. 8. Delivery:

8.1 The contract placed consequent to finalization of this tender will be a Running Contract,

valid for 12 months from the date of issue of the contract.

8.2 Supply orders against the Running Contract will be placed by DRS (I&S), Railway Board, Kolkata till the last date of the validity of the contract and all such supply orders will have to be honoured by the contractor.

8.3 Delivery period for each supply order will be reckoned from the date of issue of supply

order. 8.4 The tenderers should clearly indicate the period within which the stores will be delivered

after placement of supply order indicating monthly rate of supplies. 8.5 In case the tenderer requires a certain period for commencement of supplies after

placement of contract, a specific period should be indicated and not a range. If a range is indicated, the middle of the range will be taken into account for the purpose of fixation of delivery period.

Illustration:

For example, it would be preferable if the tenderer quote that the supplies will commence not later than (15days/30days/45days) after the placement of contract. If the quotation reads that the supplies will commence not later than 30-60 days after placement of contract, then the calculation of delivery period will be on the basis that supplies will commence not later than 45 days after the placement of contract.

8.6 The Tenderers should indicate a specific quantity of minimum supplies per month. If a

range is indicated say 1,000-2,000 MTs per month, then the average i.e. 1,500 MTs will be taken as the minimum monthly rate of supplies offered and the delivery period calculated accordingly.

8.7 Tenderers should declare that exact quantity of suitable raw material held in stock for the

manufacture of the stores described in the schedule. 8.8 Firms holding contracts for this item against Railway Board’s or Railway’s orders should

indicate the backlog and also the reasons for the same and probable date of liquidation of the existing load.

8.9 The delivery offered by the tenderers should not be linked with the receipt of raw

materials or with assistance of raw materials by the Purchaser. 9. SECURITY DEPOSIT:

of 34

9.1 On acceptance of the offer, the Seller shall furnish Security Deposit Bond, in the proforma, attached (Annexure ‘I’) from a Nationalized Bank/Scheduled Indian Bank within 15 days from the receipt of the letter of acceptance of the tender by the Seller or the execution of the contract, whichever is earlier, for an amount equivalent to 10% of the total value of contract subject to upper ceiling of ` 10 lakh for contracts valuing up to `

10 crore, and ` 20 lakhs for contract valuing above ` 10 crore. On the performance and completion of the contract in all respects, the Security Deposit Bond will be returned to the Seller without any interest within 60 days. The Seller shall undertake to get the Bond duly countersigned by the Reserve Bank of India or the State Bank of India, if so required by the Purchaser. The expenses to be incurred for the counter-signature shall be borne by the Seller. In case furnishing of an acceptable Security Deposit Bond is delayed by the Seller beyond the period provided above and the Bond is accepted by the Purchaser, liquidated damages as provided in Clause 0502 of the IRS Conditions of Contract, for the period of delay in submission of the Bond, shall be levied. Alternatively, the Purchaser may declare the contract as at an end and enforce clause 0502 (b) of IRS Conditions of Contract.

9.2 The Security Deposit Bond shall remain in full force and effect during the period that would be taken for satisfactory performance and fulfillment in all respects of the contract and shall continue to be enforceable for six months beyond delivery period. The extension or extensions aforesaid, executed on a non-judicial stamp paper for appropriate value must reach the Purchaser (Government) at least fifteen days before the date of expiry of the Security Deposit Bond on each occasion.

9.3 As and when an amendment is issued to the contract, the Seller shall within fifteen days

of the receipt of such an amendment furnish to the Purchaser an Amendment to the Security Deposit Bond rendering the same valid for the contract as amended.

9.4 This Security Deposit Bond and/or any amendment thereto shall be executed on a

stamped paper for requisite money value in accordance with the laws of the country in which the same is/are executed by the party competent to do so. The Security Deposit Bonds executed in India shall also be got endorsed by the Collector under section 32 of the Indian Stamp Act, 1989 for adequacy of the Stamp Duty by the Contractor.

9.5 Security Deposit Bond should remain valid for a minimum period of 60 (sixty) days

beyond the date of completion of Contractual obligation of the supplier.

9.6 Forfeiture of Security Deposit: In case of failure on the part of the firm to execute the contract, save force majeure conditions, Security Deposit submitted by the firm shall be forfeited.

10. Printed conditions of supply: Printed conditions for supply of goods or the letter or the

back of the letters sent by the tenderers will be ignored as forming part of their tender. In case any terms and conditions of contract applicable to this invitation to tender are not acceptable to the tenderers, they should specify such deviation in the Statement of Deviations vide Annexure ‘D’. It may, be clearly understood that deviations from Indian Railway Conditions of Contract are neither appreciated nor generally acceptable.

of 34

11. Packing: Attention is drawn to clause 1800 of the IRS Conditions of Contract. Relevant clause of specification as specified shall be fully complied with.

12. Mill’s Test Certificate: Mill’s Test Certificate at Seller’s cost showing physical

composition and chemical properties are required along with the supplies. 13. Performance Statement: Firm must fill in the enclosed Performance Statement at

Annexure ‘F’. The tenders are liable to be ignored if the statement is not duly filled in along with the tender. They should also submit a Proforma for Equipment and Quality Control as per Annexure ‘G’.

14. Tenderers should indicate the names and address of their bankers. 15. Transit Insurance: The purchaser will not pay separately for transit insurance and the

supplier will be responsible till the entire stores contracted for arrive in good condition at destination.

16. Price Preference for earlier delivery:

It should be noted that if a contract is placed on a higher tenderer as a result of this invitation to tender in preference to the lowest acceptable offer in consideration of offer of earlier delivery, the contractor will be liable to pay to the Government the difference between the contract rate and that of the lowest acceptable tender on the basis of the final price, FOR destination including all elements of freight, sales tax, local taxes, duties and other incidentals in the case of failure to complete supplies in terms of such contract within the date of delivery specified in the tender and incorporated in the contract. This is in addition to and without prejudice to other rights of the Government to recover all other losses and damages resulting from delayed supplies and of cancellation of such a contract.

17. Right of acceptance:

Government of India, Ministry of Railways does not pledge itself to accept the lowest or any other tender and reserves to itself the right to accept the whole or any part of the tender or portion of quantity offered and you shall supply the same at the rate quoted. You are at liberty to tender for the whole or any portion or to state in the tender that rate quoted shall apply if the entire quantity is taken from you.

18. Supply Tolerance:

Tenderers should clearly state in their offer whether any supply tolerance is required and, if so, the particulars of the same should be furnished. Normally +/- 5% supply tolerance will be allowed.

19. Marking:

The marking on all goods supplied shall comply with the requirements of the Indian Acts relating to the merchandise or any amendment thereof and of the rules made under such Acts and the Seller shall be responsible for the proper and sufficient marking of the goods so as to be in compliance with the requirements of the said Acts. Requirements

of 34

given in the relevant specifications shall be fully complied with. Attention is also drawn to Clause 1302 of IRS Conditions of contract.

20. Option to increase/decrease the ordered quantity:

The Purchaser may at any time during the currency of the Running Contract increase/decrease the total ordered quantity of the contract by not more than 30% of the total ordered quantity at the same price, terms and conditions as stipulated in the contract and the contractor shall be bound to supply the quantity so ordered according to revised delivery schedule advised by the Purchaser fixed on the basis of contracted delivery schedule.

21. Place of manufacturing:

The stores shall be made at the place named in the quotations or at such place or places as may be approved by the Purchaser or his nominee.

22. Inspection of Stores:

Before dispatch, Stores will be inspected by M/s RITES of the region or Railways authorized nominated inspecting agency at the manufacturing premises of the firm, in terms of clause 1300 of the IRS Conditions of Contract.

23. Payment Terms:

(i) For dispatches by road to Zonal Railways

a) 98% of the value of the invoice will be made against inspection certificate and receipted documents signed by Gazetted officer of the consignee.

b) Balance 2% of the invoice value shall be paid against the Receipt Note issued by the Consignee on receipt of Consignment in good condition by him.

(ii) For dispatches by road to Wagon/Coach manufacturers:

100% of the value of the invoice will be made against inspection certificate and receipt documents issued by authorized representative of Wagon/Coach manufacturers certifying that the material has been received and accepted in good condition.

(iii) For dispatches by rail to Zonal Railways:

a) 98% of the value of the invoice will be made against inspection certificate and

dispatch documents, i.e., unqualified RR.

b) Balance 2% of the invoice value shall be paid against the Receipt Note issued by the Consignee on receipt of Consignment in good condition by him.

(iv) For dispatches by rail to Wagon/Coach manufacturers:

of 34

a) 98% of the value of the invoice will be made against inspection certificate and dispatch documents, i.e., unqualified RR.

b) Balance 2% of the invoice value shall be paid against receipt documents issued by authorized representative of Wagon/Coach manufacturers certifying that the material has been received and accepted in good condition.

24. General:

i. The tenderers must ensure that the conditions laid down for the submission of

offers are correctly and completely fulfilled. ii. Tenderers, which are not complete in all details, may be summarily rejected.

25. Communication of acceptance:

Acceptance by the Purchaser will be communicated by FAX, e-mail, express letter of acceptance of formal ‘Acceptance of tender’. In case where acceptance is communicated by FAX or e-mail, the formal acceptance of tender will be forwarded to you as soon as possible but the instructions contained in the FAX or e-mail should be acted upon immediately.

26. This tender is not transferable.

Enclosures: 1. Annexures ‘A’ to ‘I’.

of 34

ANNEXURE ‘A’

OFFER FORM FOR TENDER NO. 2015IS190

The President of India, Through The Executive Director, Railways Stores(S), Ministry of Railways, (Railway Board). New Delhi-110001.

We M/s.…………………………………………………………………………, hereby certify that we are established firm of manufacturers of stainless steel with factories at ……………………………………, which are fitted with Electric Arc Furnace for melting, possessing requisite heat treatment facilities as well as facilities for refining and casting stainless steel, hot rolling and cold rolling and where the production modern equipment and where the production methods, quality control and testing of all materials manufactured or used by us are open to inspection by the representatives of Indian Railways.

2. We, hereby offer to supply to the President of India, Stainless Steel Sheets/Plates to the

description, Specification (latest revision) and sizes at the price quoted by us. The price indicated are inclusive of all charges for spreading of materials, all tests and examination for purpose of independent inspection by the Purchaser’s representatives, within the stipulated delivery period. The quoted prices are exclusive of Excise duty, Sales-tax/ CST/VAT/input Tax under VAT scheme and Freight. The present rate of Excise duty is _________%, which shall be charged extra. Sales-tax/CST/VAT/input tax under VAT Scheme at _______% shall also be charged extra.

3. We hereby declare that in quoting the above price, we have taken into effect, the full

effect of the duty set-off on ‘Central excise and countervailing duties’ available under the existing CENVAT scheme. We further agree to pass on such additional duties and set off as may become available in future in respect of all the inputs used for the manufacture of the final product, on the date of the supply under CENVAT scheme, by way of reduction in price and advise the purchaser accordingly.

3.1 We agree to submit the certificates as detailed in clause 5.4.5.2 and 5.4.6 of General

Tender Conditions for CENVAT at the time of submitting our bills for payments.

4. We agree to pass on such additional set off/ input tax credit as may become available in future in respect of all the inputs used in the manufacture of the final product on the date of supply under the VAT scheme by way of reduction in price and advise the purchaser accordingly

4.1 We also agree to submit the certificates as detailed in clause 5.5.4 of General Tender Conditions for additional set-offs/ input tax credits on VAT scheme at the time of submitting our bills for payments.

of 34

5. Period of delivery: 5.1 Delivery of stores ordered will commence within ___________________(indicate

specific period) after placement of order. 5.2 The minimum monthly rate of supplies will be ____________ MT. 6. Terms of delivery: The quoted prices are FOR Ex works. 7. The name and address of our Bankers is given below: 8. We hereby undertake to:

(a) Abide by the terms and conditions as stipulated in the IRS conditions of Contract, General Tender Condition, Invitation to Tender and Instructions to Tenderers for e-Tender, incorporated in your tender enquiry.

(b) Supply the items indicated in schedule of requirements at Annexure ‘B’ in

accordance with the prescribed specifications and the only departures involved in this offer are mentioned in the attached deviations statements (shall be returned with the endorsement “no deviation”).

(c) Keep this OFFER OPEN FOR A MINIMUM PERIOD OF 180 DAYS from the date

of opening of the Tender.

9. We enclose the following statements/documents:-

i. Performance Statement (Annexure ‘F’)

ii. Proforma for equipment and quality Control (Annexure (‘G’). iii. Bid Guarantee (Annexure ‘H’)

iv Copy of Partnership deed of the firm or General Power of Attorney, (in either

case duly attested by Notary Public) and particulars of Sole Proprietorship, if applicable.

Digitally signed by the tenderer

of 34

ANNEXURE ‘B’

SCHEDULE OF REQUIREMENTS

(Stainless Steel Sheets/Plates) 1. The requirements of Stainless Steel Sheets/Plates represent the demand of the

consignees spread all over the country viz. Railway Workshops, Production Units, Wagon and Coach Builders.

2. The quantities indicated in the schedule of requirements enclosed are provisional and subject to change downwards due to change in requirement.

3. The exact size of the material shall be indicated at the time of placement of

Contract/Purchase order.

Stainless Steel Sheets/Plates TSN Thickness

(mm) Width (mm) BIS Specification Qty. (MTs.)

SS01 1 - 2.5 700 - 1250 RDSO STR No. C-K 201, grade X 2 Cr Ni 12(409 M) of Table-1, Heat treatment condition/Surface Finish “2 B” as per Table-5

191

SS02 3 - 8 700 - below 1000 IRS M-44/97 20,049 SS03 3 - 8 1000 - 1250 IRS M-44/97 32,542 SS04 10 - 60 700 - below 1000 IRS M-44/97 5,288 SS05 10 - 60 1000 - 1250 IRS M-44/97 3,623

Total Quantity 61,693

The below detailed surface finish values will be considered acceptable:

Thickness Surface Finish for Hot rolled sheets/plates 3-10 mm 8 µ max Greater than 10-12 mm 10 µ max Greater than 12-16 mm 14 µ max Greater than 16-25 mm 25 µ max Greater than 25 mm 30 µ max For Cold rolled sheets surface finish Values shall be as per Para 11.2 of specification No. C-K201 & finish Grade shall be 2B

of 34

ANNEXURE ‘C’

STATEMENT OF DEVIATIONS FROM STANDARD SPECIFICATIONS

Tender No. Closing Date……………………… Name of Tenderer: …………………………………………………………… Item No. Description Particulars of deviations Remarks


of 34

ANNEXURE ‘D’

STATEMENT OF DEVIATIONS FROM STANDARD TERMS AND CONDITIONS OF THE TENDER

Tender No. Closing Date……………………… Name of Tenderer: …………………………………………………………… S.No. Reference to terms and Deviations in the offer Remarks conditions of tender


of 34

ANNEXURE ‘E’

PRICE VARIATION CLAUSE – BASE MONTH: FEBRUARY-2016. 1. The increase/decrease in the price of materials quoted/ supplied against this tender

would be governed by the following Price Variation formula: Po FCI MS1

P1 = ------ (25 + 9 x ------ + 66 x ------) 100 FCo MSo

Where, P1 = Escalated/de-escalated price. Po = Base Price.

FC1 = The index number of whole sale prices in respect of items “Ferro Chrome” Base 2004-05 compiled by Economic adviser to the Govt. of India for the calendar month, one month prior to the call for inspection/date of issue of Inspection Certificate of the material. For instance material offered for inspection in July, 2016 the Index number for the month June, 2016 will be applicable.

FCo = Whole sale price index for “Ferro Chrome” applicable for the Base month. MS1 = The index number of whole sale prices in respect of items “Melting Scrap” Base

2004-05 compiled by Economic adviser to the Govt. of India for the calendar month, one month prior to the call for inspection/date of issue of Inspection Certificate of the material. For instance material offered for inspection in July, 2016 the Index number for the month June, 2016 will be applicable.

MSo = Whole sale price index for “Melting Scrap” applicable for the Base month

2. In case P1 is greater than Po, the difference P1 minus Po shall constitute the amount due to the contractor towards escalation on account of Price Variation. Otherwise, the difference Po minus P1 shall constitute the amount to be recovered from the contractor as de-escalation. 3. The decision of the President of India in regard to wage and material escalation under the clause shall be final and not be subject to legal dispute or arbitration.

of 34

ANNEXURE ‘F’ PERFORMANCE STATEMENT

Tender No. Closing Date……………………… Name of Tenderer: ……………………………………………………………

S.No. Order placed by

Order No & date

Quantity Value of order

Date of completion of delivery

Remarks indicating reasons for late delivery

1 2 3 4 5 6 7

Only items quoted for should be included in this Statement. Orders for similar items should be entered separately, if required.

Digitally signed by the Tenderer

Name and address of the firm……………………….

…………………………………… Name and address of Bankers:

of 34

ANNEXURE ‘G’

PROFORMA FOR EQUIPMENT AND QUALITY CONTROL Tender No. Closing Date……………………… Name of Tenderer: …………………………………………………………… (Note: All details required only for the items tendered.) 1. Name & address of the firm: 2. Telephone No. Office/Factory/Works: 3. Location of the Manufacturing Factory: 4. Details of Plant and Machinery executed and function in each Department Monographs

& description pamphlets) be supplied, if available 5. Whether the process of manufacture in the factory is carried out with the aid of power or

without it. 6. Details and stocks of raw material held. 7. Production capacity of item (s) quoted for, with the existing plant and machinery. 7.1 Normal: 7.2 Maximum: 8. Details of arrangement for quality control of products such as laboratory, etc. 9. Details of Technical Supervisory staff-in-charge of production and quality control. 9.1 Skilled labour employed. 9.2 Unskilled labour employed: 9.3 Maximum number of workers (skilled & unskilled) employed on any day during the 19

months preceding the date of application. 10. Whether stores were tested to any standard specification, if so, copies of original test

certificates should be submitted in triplicate. 11. Are you registered with the Directorate General of Supplies and Disposals, New Delhi for

these stores, if so, furnish full particulars of registration, period of currency etc. 12. Are you a Small Scale Unit, registered with the National Small Industries Corporation

Limited, for these stores, if so, furnish full particulars of registration with currency period.

Digitally signed by the Tenderer

of 34

ANNEXURE ‘H’

PROFORMA OF BANK GUARANTEE FOR BID GUARANTEE (ON BANK’S LETTER-HEAD WITH STAMP)

Ref…………….. Dated………… Bank Guarantee No._____________ To

The PRESIDENT OF INDIA Acting through the Executive Director, Railway Stores (S), Ministry of Railways (Railway Board), Rail Bhavan, NEW DELHI – 110001

Dear Sir, In accordance with your invitation to tender No.______________________________for supply of __________________, M/s._______________________________________ hereinafter called the tenderer with the following Directors on their Board of Directors/Partners of the firms:

1. 2. 3. 4. 5. 6.

wish to participate in the said tender for supply of ………………………………………………. As a Bank Guarantee against Bid Guarantee for a sum of ………………………………….(in words & figures) valid for (225) two hundred and twenty five days from …………………………………………………….required to be submitted by the tenderer as a condition for the participation, this Bank hereby guarantees and undertakes during the above said period of (225) two hundred and twenty five days to immediately pay, on demand by the Executive Director, Railway Stores (S), Ministry of Railways (Railway Board), New Delhi – 110001, in writing the amount of ………………………………………. ………………………………………………………………………..(in words & figures) to the said Executive Director, Railway Stores (S), Ministry of Railways (Railway Board), New Delhi – 110001, and without any reservation and recourse if:

a. The tenderer after submitting his tender, modifies the rates or any of the terms and

conditions thereof, except with the previous written consent of the Purchaser, or

b. The tenderer withdraws the said bid within 180 days after opening of bid; or

c. The tender having not withdrawn the bid, fails to execute the contractual documents within the period provided in the contract; or

of 34

d. Having executed the contract fails to give the bonds so aforesaid within the period provided in the contract.

This guarantee shall be irrevocable and shall remain valid up to 4.00 P.M. on………………………………………..If further extension to this guarantee is required, the same shall be extended to such required periods on receiving instruction from M/s. ……………………………………on whose behalf this guarantee is issued. Date……… Place …………..

Signature………………………. Name & Designation

Witness

(Bank’s Common Seal)

of 34

ANNEXURE ‘I’

PROFORMA FOR SECURITY DEPOSIT BOND

To The President of India.

1. In consideration of the President of India (hereinafter called “The Government”) having

agreed to exempt ………………………………(hereinafter called “The said contractor(s)” from the demand under the terms and conditions of an Agreement dated ……………….made between ……….and ………………for ……………………..(herein after called “The said Agreement”) of security deposit for the due fulfillment by the said Contractor(s) of the terms and conditions contained in the said Agreement, on production of a Bank Guarantee for Rs……….(Rupees……………………………….only), we, (Bank’s name to be indicated) (hereinafter referred to as “The Bank”) at the request of the said contractor(s) do hereby undertake to pay to the Government an amount not exceeding Rs……………..against any loss or damage caused to or suffered or would be caused to or suffered by the Government by reason of any breach by the said contractor(s) of any of the terms or conditions contained in the said Agreement.

2. We, (indicate the name of the Bank) do hereby undertake to pay the amounts due and

payable under this guarantee without any demur, merely on a demand from the Government stating that the amount claimed is due by way of loss or damages caused to or would be caused to or suffered by the Government by reason of any breach by the said contractor (s) of any of the terms and conditions of the said Agreement or by reason of the Contractor (s) failure to the perform the said Agreement. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding `…………………………

3. We undertake to pay to the Government any money so demanded notwithstanding any

dispute or disputes raised by the Contractor (s) / Supplier (s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal.

The payment so made by us under this Bond shall be a valid discharge of our liability for payment there under the Contractor(s) /Supplier (s) shall have no claim against us for making such payment.

4. We (indicate the name of the Bank) further agree that the guarantee herein contained,

shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till………….. (Office/Department), Ministry of …………….certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Contractor (s) and accordingly discharges the Guarantee. Unless a demand or claim under this Guarantee is made on us in writing on or before the ……………………………………, we shall be discharged from all liability under this Guarantee thereafter.

of 34

5. We (indicate the name of the Bank) further agree with the Government that the Government shall have full liberty, without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the contractor (s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Government against the said Contractor (s) and to forbear or enforce any of the terms and conditions relating to the said Agreement and we shall not be released from our liability by reason of any such variation or extension being granted to the said Contractor (s) or for any forbearance, act or omission on the part of the Government or any indulgence by the Government to the said Contractor (s) or by any such matter or thing whatsoever which under the law relating to sureties, would but for this provision have the effect of so releasing.

6. This Guarantee will not be discharged due to the change in the constitution of the Bank

or the Contractor (s) / Supplier (s). 7. We (indicate the name of the Bank), lastly undertake not to revoke this Guarantee herein

during its currency except with the previous consent of the Government in writing.

Dated the …………………day of…………………2016.

For…………………… (indicate the name of the Bank)