southern railway earnest money (rs) : tender form tender ... · railways reserve the right to issue...

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Sr.DMO/S/CVS/RH/PER Consignee Name Reqd. at 100000 Quantity NOS. Unit Sub : Tender No. 40/08/OT/5009 to be closed at 14:00 Hrs. and Opened at 14:30 Hrs. on 15-SEP-08. TENDER FORM SCHEDULE OF REQUIREMENTS To, The President Of India, Acting Through the Controller of Stores , Southern Railway ,Ayanavaram , Chennai - 23. NOTE This Tender Schedule consists of the following :- a) Tender Form b) Tender Schedules and Conditions of contract for the supply of Stores Booklet in 19 Pages. c) Instructions to the Tenderers Booklet in 10 pages. Railways reserve the right to issue any corrigendum to the tenderer till ten days prior to the opening of the tender.Tenderers are also advised to check the website before submitting their offer whether any such corrigendum to the tender has been issued or not. i) Tenderer to give consent in a mandate form for receipt of payment through EFT . ii)Tenderer to provide the details of Bank A/c in line with RBI guidelines for the same.these details will include Bank Name, branch Name & address ,Account type,Bank A/c NO , and bank & Branch Code as appearing on MICR cheque issued by bank. iii)Tenderer to attach certificate from their bank certifying the correctness of all above mentioned information ( As mentioned in para(ii) above) Description Of Stores offered Make/Brand Approx. Wt. Per Unit Basic Rate Unit Packing Charges Excise Duty Fwdg. Charges Other. Charges/ Basic Rate ( in words ) : Sales Tax Surcharge S- Tax P.L. No Description of stores tendered Total Qty Required. SOUTHERN RAILWAY Grams : Railstore www.southernrailway.org e-mail :[email protected] DMO/S/CVS/RH/PER Delivery Terms : Delivery Period: Total Value at Rate Quoted : EMD Deposited Vide : 8198/NS 100000 LIQUID MEDICAL OXYGEN AS PER ENCLOSED SPECIFICATION. NOTE: VALID LICENCE FOR SUPPLY OF THIS ITEM SHOULD BE ENCLOSED ALONG WITH THE TENDER. INSTALLATION/ FACILITY OF THE VESSEL AND ERECTION /MOBILISATION CHARGES SUHOULD BE GIVEN IN DETAIED. Tender Cost (Rs) : Fax No :044- 26478723 Earnest Money (Rs) : Terms : 1.Inspection Agency will be Consignee 2.Ex-Stock / Earlier Delivery Preferred 3.Past Performance by way of PO's from other zonal Railways/Production Units to be enclosed 4.30% option clause applicable 5.Risk Purchase Period will be 9 Months 6.Firms should submit manufacturer's test certificate along with supply 7.Payment will be 100% after receipt and acceptance 8.Delivery Terms will be FOR Destination by Road 9.Tender Documents must be enclosed along with offer. 10. RATE TO BE QUOTED ON FOR DESTINATION BASIS.11.PRICE PERFERENCE FOR EARLIER DELIVERY IS APPLICABLE. SPECIAL NOTE: 1. FIRM SHOULD HAVE BASE IN CHENNAI FOR PROGRESSING OF SUPPLIES. 2. FIRM SHOULD HAVE MAINTANANCE TEAM FOR SERVICE FACILITY IN CHENNAI TO ATTEND SERVICE CALLS ON THE TANK TO BE SUPPLIED FREE OF COST. 3. FIRM SHOULD FURNISH TEST CERTIFICATE ALONG WITH THEIR SUPPLY. 500 Discount Freight Charges Turn Over Tax 38/2008 Ref: Tender Notice no dated 18100

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Sr.DMO/S/CVS/RH/PER

Consignee Name Reqd. at

100000

Quantity

NOS.

Unit

Sub : Tender No. 40/08/OT/5009 to be closed at 14:00 Hrs. and Opened at 14:30 Hrs. on 15-SEP-08.

TENDER FORM

SCHEDULE OF REQUIREMENTS

To,The President Of India,Acting Through the Controller of Stores ,Southern Railway ,Ayanavaram ,Chennai - 23.

NOTEThis Tender Schedule consists of the following :- a) Tender Form b) Tender Schedules and Conditions of contract for the supply of Stores Booklet in 19 Pages. c) Instructions to the Tenderers Booklet in 10 pages.Railways reserve the right to issue any corrigendum to the tenderer till ten days prior to the opening of the tender.Tenderers are also advised tocheck the website before submitting their offer whether any such corrigendum to the tender has been issued or not. i) Tenderer to give consent in a mandate form for receipt of payment through EFT . ii)Tenderer to provide the details of Bank A/c in line with RBI guidelines for the same.these details will include Bank Name,branch Name & address ,Account type,Bank A/c NO , and bank & Branch Code as appearing on MICR cheque issued by bank.iii)Tenderer to attach certificate from their bank certifying the correctness of all above mentioned information ( As mentioned inpara(ii) above)

Description Of Stores offered Make/Brand Approx. Wt. Per Unit

Basic Rate Unit Packing Charges Excise Duty Fwdg. Charges Other. Charges/

Basic Rate ( in words ) :

SalesTax

SurchargeS- Tax

P.L. No Description of stores tendered Total Qty Required.

SOUTHERN RAILWAY

Grams : Railstorewww.southernrailway.orge-mail :[email protected]

DMO/S/CVS/RH/PER

Delivery Terms :

Delivery Period:

Total Value at Rate Quoted :EMD Deposited Vide :

8198/NS 100000LIQUID MEDICAL OXYGEN AS PER ENCLOSED SPECIFICATION. NOTE:VALID LICENCE FOR SUPPLY OF THIS ITEM SHOULD BE ENCLOSEDALONG WITH THE TENDER. INSTALLATION/ FACILITY OF THE VESSELAND ERECTION /MOBILISATION CHARGES SUHOULD BE GIVEN INDETAIED.

Tender Cost (Rs) :

Fax No :044- 26478723Earnest Money (Rs) :

Terms : 1.Inspection Agency will be Consignee 2.Ex-Stock / Earlier Delivery Preferred 3.Past Performance by way of PO's from other zonalRailways/Production Units to be enclosed 4.30% option clause applicable 5.Risk Purchase Period will be 9 Months 6.Firms should submitmanufacturer's test certificate along with supply 7.Payment will be 100% after receipt and acceptance 8.Delivery Terms will be FOR Destination byRoad 9.Tender Documents must be enclosed along with offer. 10. RATE TO BE QUOTED ON FOR DESTINATION BASIS.11.PRICE PERFERENCEFOR EARLIER DELIVERY IS APPLICABLE. SPECIAL NOTE: 1. FIRM SHOULD HAVE BASE IN CHENNAI FOR PROGRESSING OF SUPPLIES. 2. FIRM SHOULD HAVE MAINTANANCE TEAMFOR SERVICE FACILITY IN CHENNAI TO ATTEND SERVICE CALLS ON THE TANK TO BE SUPPLIED FREE OF COST. 3. FIRM SHOULDFURNISH TEST CERTIFICATE ALONG WITH THEIR SUPPLY.

500

Discount

FreightCharges

Turn OverTax

38/2008Ref: Tender Notice no dated

18100

iv)In case of non-payment through EFT or where EFT facility is not available,payment will be released through cheque.v) Suppliers having their office in cities,where EFT is not available may open an account in any of the nationalized banks/ otheraccredited banks who have core banking facility in chennai and furnish the details to FA&CAO/S&W/PER.vi) The Tenderer should quote the exact percentage of VAT that they will be charging extra.vii) While quoting the rates, tenderer should pass in ( by way of reduction in prices) the set off/input tax credit that would becomeavailable to them by switching over to the system of VAT from the existing system of Sales tax duly stating the quantum of suchcredit per unit of the item quoted for.viii) The tenderer while quoting for tenders should give the following declaration;"We agree to pass on such additional setoff/input tax credit as may become available in future in respect of all inputs used in the manufacture of the final product on thedate of supply under the VAT scheme by way of reduction in price and advise the purchaser accordingly".ix) The suppliers while claiming the payment will furnish the following certificate to the paying authorities; " We hereby declarethat additional set offs /input tax credit to the tune of Rs _ _ _ _ _ _ has accrued and accordingly the same is being passed on tothe purchaser and to that effect the payable amount may be adjusted".x)Even for contracts where CST is payable, this input tax credit may become admissible to the supplies where the supplierhappens to be located in hte state in which VAT has been implemented.Accordingly the certificate under para (ix) above shouldbe furnished in all such existing contracts where CST is payable.xi) For the states in which the VAT has not yet been introduced, the existing system of Sales tax shall continue.xii) Quotations through Telex, Telegrams,etc will not be accepted against any tender.Regarding quotations received throughFAX:- (a) Offer received through FAX will be considered in case of procurement of items through proprietary article certificate & singletender, only subject to the firm submitting post confirmation copy on their letter head duly signed by the authorized person as perthe tender conditions within ten working days from the date of opening.(b) However, for other type of tenders i,e for Bulletin,Limited and Advertised/Open Tenders etc ., offers received through FAX andand found in the tender box at the time of opening of Tenders and complete in all respects and duly signed by the authorizedsignatory will be treated as in time offer subject to the firm/firms submitting post confirmation copy duly signed by the authorizedperson as per the tender conditions within ten working days from the date of opening.(c) All other offers received by FAX not covered in para(a) & (b) above will be treated as invalid. The offers received by FAX ascovered in para(b) above shall be deemed as unresponsive in case the confirmation copy is not received within the timestipulated in para(b) above.(d) No purchase order will be issued against the FAX offer without receipt of the confirmation copy of the same.(e) It shall be the sole responsibility of tenderers to ensure that the offers submitted by FAX are dropped in appropriate tenderbox in sealed cover/covers and within the prescribed time and date. The Railways shall not be responsible in any way for anydelay in dropping the FAX offers in the appropriate tender box.The Railway Administration will not be responsible for any postaldelay.Late and delayed tenders will not at all be accepted. ISO Certified firms to indicate the same in the offer. Past performance by way of PO's from other zonal railways/Production units to be enclosed. Firms to mention name of Contact person with Phone No's and E-mail id. Cartel condition applicable as per instructions to the tenderers."In the event of the offers conforming to any aspect of the definition of cartel mentioned in "The Competition Act 2002(12 of2003),in addition to the existing remedies , the purchaser also reserves the right to refer the matter to the CompetitionCommission of India (CCI),which is a statutory body constituted under "The Competition Act 2002(12 of 2003), for providingnecessary relief to the Purchaser who represent Central Government organisation serving the public.In addition,the purchaseralso draws attention of the tenderers to chapter VI of the "The Competition Act 2002(12 of 2003) which deals with Penalties.Thiswill be in addition to the other rights and remedies available to thte Railway Administration under the Contract and Law."

DECLARATION BY THE TENDERERI/We engage to supply to Southern Railway the articles specified above upon the terms of the Indian Railway Railway StandardCondition of Contract (latest revision ) and upon the terms of the Special Conditions and Istruction for the guadance of theContractors issued by the Southern Railway ( Advt No 38/2008 ) . In consideration of the Controller of Stores agreeing toconsider this quotation ,it will hold good for 90 days from opening date in case quotation involves release of Foreign Exchangethe same will hold good for 180 Days.The acceptance of this Tender by the Controller of Stores shall constitute a bindingcontract between me/us and the President of India.

I/ We have downloaded the tender form from the internet site www.southernrailway.gov.in / www.tenders.gov.in. And I/We havenot tampered /modified the tender forms in any manner. In case, if the same is found to be tampered/modified I/We understandthat my/our tender will be summarily rejected and full earnest money deposit will be forfeited and I/We am /are liable to bebanned from doing business with Railways and /or prosecuted.

Date : Signature of tenderer :Tel & Fax No : Full Address :

for Controller of Stores

ST.227

SOUTHERN RAILWAY

TENDER, SCHEDULES AND CONDITIONS OF CONTRACT

FOR SUPPLY OF STORES.

This booklet contains……………………………..Pages.

This should be returned intact.

Failure to do so will result in the tender being disregarded

TENDER No.

Book No.

For the supply

of……………………………………………………………………………

……………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

Due on at/ 2.p.m.

(Not Transferable) ( Price Rs………………+ S.T. and S.C.)

ISSUED TO MESSRS/……………………………………………………………………

……………..………………………………………………………

…………………………………………………….

“FOR THE ATTENTION OF REGISTERED SUPPLIERS OF SOUTHERN RAILWAY”

Registered suppliers of this Railway who desire to participate against tenders valued less

than Rs. One lakh are hereby requested to go through the Stores weekly Bulletins

published every week.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

/for Controller of Stores.

ST.227

SOUTHERN RAILWAY

RULES AND INSTRUCTIONS FOR THE GUIDANCE OF TENDERERS.

The Controller of Stores, Southern Railway, Ayanavaram, Madras-600 023,

invites this Tender for and behalf of the President of India.

2. Tenders must be submitted on the prescribed form, which must be returned intact

in the special envelope supplied by the Southern Railway Administration and

must be sealed and superscribed as required thereon. Tenders must be addressed

to the Controller of Stores and submitted to the Controller of Stores’ Office,

Southern Railway Administrative Offices, Ayanavaram, Madras-600 023, in

advance of 2 p. m. (S. T.) on or before the due date specified. Tenders will be

opened at 2-30 p.m. on the same date, In the presence of Tenderers or the

authorized representatives who may desire to be present. Tenderers desirous of

sending their Tenders by post must send the same by Registered Post Ack. due so

as to reach the Office of the Controller of Stores, Southern Railway, Madras-600

023 by the due date.

3. (a) The Tenderers who are in the Approved list of Contractors for the Southern

Railway and Small Scale Industries Units as approved by the National Small

Scale Industries Corporation should specifically state so citing reference to their

registration number.

(b) The Tenderers who are neither on the Approved list of Contractors for the

Southern Railway not registered in Small Scale Industries Units as recognized by

the National Small Scale Industries Corporation (Government of India) must

deposit with Southern Railway a sum as indicated in the Schedule as EARNEST

MONEY with the tender without which no tender will be considered.

NOTE: - (a) The Earnest Money (which will not carry any

Interest) can be in any of the following forms: -

(1) Deposit Receipt, Pay Order, Demand Drafts or Guarantee Bonds issued

by the Nationalised or Schedule Commercial Banks

.

(2) Bonds of Indian Railway Finance Corporation and

(3) KRCL bonds.

/Signature of Tenderer……………………………------------

--------

The payment in the form of payorder/demand draft should be in favour of

FA&CAO/SR.DFM. Payable at Chennai,Trichirapalli,Palghat,Madurai,Trivandrum based

on FA&CAO/SR.DFM (i.e.) depending upon the place of contract signing authority.

(b) Cheques and Government Securities (Stock Certificates, Bearer Bonds, Promissory

Notes, Cash Certificate etc.), will not be accepted.

© The EARNEST MONEY will be returned to the unsuccessful Tenderers but retained

in the case of the successful Tenderer to be adjusted towards the Security required to be

deposited by the successful tenderer for due fulfillment of the contract.

(d) The President reserves to himself the right to confiscate the Earnest Money Deposit,

should the successful Tenderer fail to put in the Security Deposit in terms of the

conditions of the tender.

4. Neither the standing deposit ,if any, lodged with this Railway in connection with this

Departments weekly tenders nor any other deposits against any other tender will be

adjusted for the purpose of this tender.

5. No alteration in the rates specified in the Schedule will be allowed, unless it has been

attested by the Tenderer before the submission of his tender. No alteration to any of the

Rules and Conditions in this tender is permissible. If the Tenderers are not agreeable to

any of the terms and conditions, they must clearly state so in a separate covering letter,

indicating clearly the specific conditions they don’t agree to and also the alternative

conditions if any, they are stipulating.

(a) Tenderers should fill up Proforma ‘A’ and ‘B’ enclosed with the Tender

Schedule and submit them along with tender documents, failing which in the

absence of necessary information regarding their capacity to supply the material

their quotations are likely to be ignored.

6. Tenderers will have to send with their tenders a current Income-tax Clearance

Certificate form the Income-tax Officer in the pro forma shown below. In case any

Tenderer has previously obtained and submitted the Certificate to this Department, which

is still valid, the relevant reference under which this was sent may please be quoted.

7. Only firm prices should be quoted against the tender. Tenders envisaging

variations in prices will not be normally accepted.

/Signature of Tenderer……………………………--------------------

8. I. R.S., I. S. S. and I.S.D. Specification and/or drawings will not be issued by the

Controller of Stores. It is the responsibility of the Tenderers interested in quoting for

such Items to provide themselves with copies of the relevant I.S.S., I.R.S. and I.S.D.

Specifications and/or drawings form the authorities concerned.

9. Where material is asked for to a Specification, either I.R.S., I. S. D., I. S. I., B.S.S or

as printed in the tenders, Tenderers must guarantee that the supplies offered are upto

specifications. Samples should not be sent along with the tender unless called for in the

schedule. Samples should if submitted with the tender are not liable to be tested normally

and the submission of a sample or quotation of a brand or make will not absolve the

Tenderer from the responsibilities arising out of rejection of supplies which when tested,

prove to be not upto specification. Non – receipt of samples in time when specifically

called for is liable to invalidate this tender.

“ Tenderers should either specifically state in their quotation that the material

offered by them is exact to the description/specification of the Railway or reproduce in

their-quotations the description and specification in toto as given in the Railway

notification, failing which it will be assumed that the offer is not be the exact

description/specification of the Railway and will be ignored.”

10. Prices quoted should be strictly in accordance with the units specified in the Tender

Schedule. The quotation should show distinctly whether the rate quoted is inclusive of

S.T. where leviable or S.T. is to be paid extra. The name of the State for which S.T. Is

claimed and the registration number of the said State should be clearly shown.

Ambiguous remarks such as S.T. extra should not be made. Failure to adhere to the

instructions will entail the claim for S.T. if subsequently made being rejected.

In terms of the central sales tax (second amendment ) act 1958, the rate of sales tax on

inter state transactions leviable on purchase by the Government department is at 3% only.

Necessary certificate in form “D” will be issued only where specifically called for.

11. All rates quoted should be clearly written in ink both in figures and in words. Failure

to record the rates in words is liable to lead to rejection of tender.

12. Whereas Tenderers quoting for Manufactured items ask for quota certificates

should specify quality, quantity and detailed description of the material required

and also state whether quota is required for replacement or whether manufacture

will be under taken after receipt of material against the quota certificates.

/Signature of Tenderer……………………………--------------------

Besides, they will please clearly specify whether they have got Workshops of their

own and whether the materials offered will be manufactured in their own factory only

using steel obtained against their own quota duly furnishing the

13.

Registration No. Of the Workshops. “ Quota Certificate will not normally be issued

unless the Tenderer have their own workshops”.

13. Whereas Tenderers quoting for fabrication charges only, ask for raw materials to be

supplied by the Railway, the raw materials will be supplied to the successful Tenderer

and he will have to deposit the amount with the Chief Cashier, Southern Railway, Madras

on receipt of intimation of acceptance of quotations and the amount will be refunded to

him only on the satisfactory completion of the contract. Fabrication charges quoted by

the Tenderer will include transport charges for carriage of raw materials from the Stores

Depots to the Tenderer’s place of business and also for the fabricated material from the

place of business of the Tenderers to the station of dispatch.

14. The earnest money will be returned to the unsuccessful Tenderers but retained in the

case of the successful Tenderer to be adjusted towards the Security required to be

deposited by the successful Tenderer or Tenderers for due fulfillment of the contract.

15. In case it is proposed to supply stores partly imported and partly manufactured in this

country, the Tenderers are requested to indicate clearly in the tender full details of the

components which are proposed to be manufactured in this country and their value and

the components which are proposed to be imported and their C.I.F, price and F.O.R.

Indian Port or F.O.R. Place of despatch in India or free delivery receiving station in India.

16. (a) Tenderers will be responsible for the correctness of rates at which the customs

duty included in their quotations is based and that no increase in price will be allowed on

the ground that the customs duty originally included in their quotations was wrongly

calculated at a rate lower than the one prevailing at the time of tendering. Any increase

on account of statutory enhancement of customs duty will be allowed where admissible.

Customs duty will not however to payable on the element of agent’s commission in the

value of stores. On the other hand where there is a concessional rate of duty admissible

as a result of which lower duty is paid by them when clearing the consignment, at the

port, the Tenderers should give an undertaking to refund the difference between the

amount of duty based on the rate quoted by them and that actually paid by them.

(b) In case of imported items, cost including C.I.F. value must be given. The Indian

Customs Tariff no. under which you have assessed the Customs Duty or Excise Duty

with percentage included in your quotation should also be indicated.

/Signature of Tenderer……………………………--------------------

17. Tenders should note that Government do not under take to grant an import license

where it may be required for the supply of stores detailed in the tender, and that

acceptance of any tender shall not imply such an undertaking on the part of Government.

A request by the successful tenderer for recommendation of his application for the grant

of an import license will however, be considered.

18. Test certificates of the makers should be furnished along with the supply for such

stores for which are prescribed in specifications.

19. The Tenderer’s signature must be affixed at the bottom of each and every page where

Tenderer is required to sign at the place indicated. Full signature, name and address and

office stamp of the Tenderer must be affixed at the bottom of the Schedule.

In the event of this tender being submitted by a firm, it must be signed separately

by each partner thereof, or must be signed on their behalf by a person holding Power of

Attorney authorizing him to do so, and in case of Company the tender should be executed

in the manner laid down in the said Company ‘s Articles of Association.

20. Delivery: - This should be a firm date for the entire quantity tendered for and/or

each installment thereof.

21. The rate quoted should specify F.O.R. Station of dispatch or Free delivery receiving

station in India. If Tenderers do not specify in their tender whether their offer is F.O.R.

Station of despatch or Free delivery receiving station in India, it will be assumed that

their offer is for F.O.R. Destination Station.

22. If this item has been supplied by the Tenderer either to this or any other Railway full

details of the order complied with should be furnished.

23. Only Standard Price Variations as admissible to D.G.S. & D. Contracts will be

allowed. Tenders envisaging price variations in respect of (a) War Risk Insurance, (b)

Marine Insurance etc., will not accepted under any circumstances.

24. While furnishing quotations in the Tenders, the Tenderers do not furnish the specific

amount towards packing and forwarding charges wherever claimed but merely stipulate

“packing and forwarding charges extra” in most cases. This results in making a back

reference to the firm concerned in each case leading to unnecessary correspondence and

delay. Tenderers are therefore advised in their own interest to mention specifically the

exact amount of packing and forwarding charges, wherever applicable in the tender, as

otherwise, such incomplete or vague quotations are liable to be overlooked.

Controller of Stores,

For and on behalf of the President of

The Union of India

THIS TENDER for Supply of Stores is subject to I.R.S.

Conditions of Contract ( Serial No. A.3-5I as amended up-to-

date) as varied and modified by the Special Conditions hereto

attached.

/Signature of Tenderer-------------------------

SPECIAL CONDITIONS OF CONTRACT

Notices

1. The PRESIDENT OF INDIA shall herein after be called the PRESIDENT.

The powers conferred upon the President by these conditions and all consents

expressly provided by these conditions be exercised and given by the General

Manager, Southern Railway, for the time being or any other Officer deputed by the

General Manager for that purpose. The Tenderer whose tender is accepted is herein

after called the “CONTRACTOR”. Any notice to be served on the Contractor shall

be deemed to be sufficiently served, if delivered, left at or sent by registered post

addressed to the Contractor at his last known place of business. Any Notice to be

served if left at or sent by registered post addressed to the Controller of Stores,

Southern Railway, Ayanavaram, Madras-600 023.

No other

Conditions nor

Variation except

By endorsement

or supplemental

Contract.

2. No conditions, other than these special conditions and the said Indian Railway

Standard Conditions of Contract shall govern this contract. A verbal or written

arrangement abandoning varying or supplementing this contract or any of the

terms hereof shall be deemed conditional and shall not be binding on the

President unless such variation or addition to be endorsed on this contract or be

embodied in a supplemental instrument be signed by the Contractor and on

behalf of the President by some person duly authorized for that purpose, till then

the President shall have the right to repudiate such arrangement.

3. The Tenderer must deposit the sum required vide Clause-3-b of instructions and

Clause 4 of Special Conditions No interest will be allowed on the Earnest

Money or Security Deposit.

4. The Security deposit should be in any of the following forms:

(i) Deposit receipts,pay orders, demand drafts or guarantee bond issued

by Nationalised or Schedule Commercial banks,

(ii) Bonds of Indian Railway Finance Corporation and

(iii) KRCL Bonds

(iv) Government Securities

(v) Deposit in Post office saving bank

The payment in the form of payorder/demand draft should be in favour of FA&CAO/

Sr.DFM. Payable at Chennai,Trichirapalli,Palghat,Madurai,Trivandrum based on

FA&CAO/Sr.DFM (i.e.) depending upon the place of contract signing authority.

5. Government Securities to be acceptable as deposit must be complete in respect of the

following requirements:-

(a) All interest accrued up-to-date should previously have been collected by the

Depositor.

(b) The tendered script should have at least two blank pages after the Depositor’s

endorsement to the Railway. These are wanted for further endorsement to

the currency authorities.

(c) Endorsement on the Government Securities should be “Pay to the Financial

Adviser and Chief Accounts Officer, Southern Railway or Order”.

(a) If endorsement on the script are signed per pro or on behalf of the previous

Holder, a certificate from the Local Public Debt Office, is required is

recognition to the validity of such endorsements.

(b) Government Securities will be accepted at the current market value on the day

of deposit. In case of any material depreciation in the value of Government

Securities the Contractor will have to make good the difference.

(c) Interest on Government Securities, endorsed in favour of the Financial

Adviser and Chief Accounts Officer, Southern Railway, will be collected by

the Railway through the Reserve Bank of India when it falls due in the case of

deposits to held for over a year and whilst the Contractor duly observes and

performs the provisions of this contract bill be remitted to the depositors by

the Financial Adviser and Chief Accounts Officer.

/Signature of Tenderer……………………………-------------------

-

6. In the event of any breach on the part of the Contractor of the terms of the contract, or

of the Contractor causing loss to the Railway Administration through fraud, negligence,

or any other action (direct or contributory ) of failing to pay on demand to the Railway

Administration any moneys which he shall be liable to pay under or by virtue of these

conditions or by-law, the President shall be at liberty either to confiscate the Security

Deposit or to appropriate to the of as may necessary to satisfy its claims and the

Contractor shall pay forwith to the Railway Administration, such sum or sums, of money

as may be required to replace the amount so appropriated by the Railway Administration.

If the Security Deposit shall be insufficient to pay the whole of such moneys due by the

Contractor it shall be lawful for the Railway Administration to recover any such balance

by deducting the same from any moneys then due or to become due by the Railway

Administration to the Contractor under or by virtue of the contract or otherwise by

instituting legal proceedings against the Contractor.

7. Notwithstanding anything contained herein the Railway Administration shall be at

liberty to forfeit the Security Deposit or recover and adjust from the Security Deposit and

other amounts of the Contractor that may be lying with the Railway, any loss suffered on

account of the breach of contract arising on account of refusal or failure on the part of the

Contractor to perform the contract.

8. Where the supplies are required to be inspected by D.G.S.&D Inspectorate, unless

clearly stated otherwise, it will be assumed that the Tenderer is agreeable to this

inspection. Offers without D.O.I. inspection will be considered only in the absence of

suitable offer without D.O.I inspection.

Note:- Where D.G.S.&D. inspection has been agreed to and supply order placed

accordingly, the Contractor will be expected to produce necessary documentary evidence, Test Certificates, etc., and

also testing facilities as required by the D.G.S. & D. Conditions, to enable the D.G.S. & D. Inspectorate to satisfy that

the supplies put up for inspection are strictly in accordance with as called for in the Supply Order.

(ii) All articles ordered are subject to inspection, test and approval by an officer of this

Railway irrespective of any other inspection indicated in the Supply Order. Supplies not

in accordance with the order will be rejected and the Controller of Stores will be a liberty

to cancel the order and re-purchases at the risk and cost of the defaulting firm. Cost of

test on supplies rejected will be recovered from Suppliers. The Test Report of the

Railway will be final and binding on the Contractor.

/Signature of Tenderer……………………………--------------------

9. 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 the Government the difference

between the contract rate and that of the lowest acceptable Tenderer on the basis of final

price F.O.R. destination including all elements of freight, Sales Tax, Local Taxes, Duties

and other incidentals in 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 and without prejudice to other rights under the terms of the contract.

Refund of Security

Deposit and No claims

certificate

10. The Security Deposit will be refundable ---

(i) On due fulfilment of the contract and

(ii) On submission of a Clearance Certificate by the Contractor to the effect that the

Contractor has received by the Contractor has received all dues arising out of this

contract and that he has no claim whatsoever on the President, against this contract.

For supply of items of Machinery, Plant etc., the Tenderer should abide by the

following “Guarantee Clause”:---

/Signature of Tenderer………………………………………..

“ GUARANTEE CLAUSE”

The Contractor guarantees that the Stores which he supplies will be built fully in

accordance with Specifications and will operate properly. In all cases the Contractor

guarantees that his design would strictly follow the “As made detailed drawings with

such modifications are notified in respect of each type. The Contractor further guarantees

that the Stores will be free from defects in material and workmanship provided that the

Contractor’s liability in this respect shall be limited to the furnishing and installation or

replacement parts free of any charge, of the repair of defective parts only to the extent

that such replacements or repairs are attributable to or arise from faulty workmanship or

material, or design in the manufacture of the stores. All replacement parts shall be

shipped through customs and deliver at his expense to inland destination. If the

contractor so desire the replace parts can be taken over by the Representatives in India for

disposal as he deems fit, within a period of three months from the date of receipt of

replacement parts. At the expiry of this period, no claim whatsoever shall lie on the

Purchaser.

It shall be a condition of the guarantee hereunder that any defects complained of

shall be brought to the Contractor’s attention within a reasonable time of their being first

discovered. The guarantee herein contained shall not apply to any material which shall

have been repaired or altered by the Purchaser, or on is behalf in any way so as to affect

its strength, performance or reliability, or to any defect to any part due to misuse.

Negligence or accident.

The guarantees herein shall expire in respect of each item of stores, on the

expiration of 30 months from the date of its delivery in India or 24 months from the date

of its placing in service whichever is earlier, except in respect of defects notified to the

Contractor prior to expiration of such date.

All replacements and repairs that the Purchaser shall call upon the Contractor to

delivery or perform under the guarantee shall be delivered and performed by the

Contractor promptly and satisfactorily.

Any approval or acceptance by the Purchaser of the stores or of the materials

incorporated therein shall not in any way limit the Contractor’s liability hereunder.

The decision of the Purchaser in regard to Contractor’s liability under the

guarantee shall be final and conclusive.

12. The Contractor is responsible for any loss or damage resulting out of carelessness of

the Contractor where the tools, plant, patterns or any other Railway material are lent to

them for guidance in their manufacture.

13. In the event any goods being rejected, the Controller of Stores on behalf of the

President of India shall be at liberty to purchase others elsewhere or if not available the

best and nearest available substitute, without notice to the Contractor, at the risk and

expense of the Contractor, without prejudice to the their rights and remedies of the

President.

14. Rejected Stores will have to be removed by the firms within 21 days from the date

of receipt of rejection advice by the firms. Supplies not removed by firms will be liable

for levy of ground rent at 3 per cent of the value of the supplies so rejected. The

Controller of Stores reserves to himself the right to book back the rejected supplies

freight payable both ways at the risk and cost of the Suppliers or to dispose of the Stores

and sale proceeds being remitted to the suppliers.

15. (a) 100 per cent payment of bills will be made by the Administration only after the

goods have been received, inspected,. Accounted for and accepted by the consignee.

(b) Payment of 90 per cent of the price of each consignment on poof of despatch of

stores by consignors from a Railway Station or a port in India, after inspection, would be

at the discretion of the Railway Administration depending upon the circumstances of

each case.

Signature of Tenderer …………………………

(c) Payment under this Contract to the Contractor shall be made in cash at Madras. At

the option of the Railway Administration, it may be made any other place in cash or by

Cheques of any Government Treasuries Or any of the branches of the State Bank of India

in the Madras State in Which the Railway has a drawing account or on the Reserve Bank

of India, in Madras, Bombay or Calcutta.

(d) In the case of supplies of Stores in White orders as well as Green orders issued for

stock in the Stores Depots), bills in the Railway form accompanied by the Receipt Note

duly certified by the consignee are to be submitted to the Financial Adviser and Chief

Accounts Officer, Stores, Perambur, Madras – 600 023 direct for payment and the

Supplier’s bills will not be passed for payment unless they are accompanied by the

Receipt Note duly certified by the Consignee as stated above.

(e) For Yellow orders (issued for direct delivery to the Indentors), bill should be

submitted by the Supplier in the Railway form in duplicate to the Officer mentioned in

the order, failing which it will be telegraphed for at the cost of the Supplier and pending

its receipt, the articles will not be dealt with and will remain at destination entirely at the

risk of the Suppliers.

16. The Railway shall be entitled to determine and terminate the contract at any time

should in the Railway’s opinion the stores contracted for are not required due to paucity

of funds or any cause whatsoever.

17. The president may without prejudice to his other rights and remedies cancel those

presents at anytime in the event of the Contractor not strictly complying with all or any of

the terms hereof.

18. The quantities shown in the Schedule are only approximate and cannot be

guaranteed. They are subject to a plus or minus variation of 15 per cent on each and any

description of stores shown in the Schedule to suit the requirements of the

Administration.

/Signature of Tenderer……………………………………

19. The President of India is not bound to accept the lowest or any tender nor to assign

any reason for not doing so and the President reserves to himself the right to accept any

tender in respect of the whole or any portion of the items specified in the schedule

annexed to the conditions and the Contractor shall be required to supply the same at the

rate quoted.

20. The Controller of Stores acting on behalf of the President of Union of India shall be

at liberty to terminate the contract without notice in any of the following events:-

(a) In the event of any breach on the part of the Contractor of the terms of the contract or

if the contractor shall fail to observe and fulfill any of the Conditions or fail to perform

satisfactorily in accordance with the terms and conditions of the contract.

(b) On the death of a sole Contractor or in the case of a firm on the death of one or more

partners thereof.

(c) Upon the insolvency of a sole contractor or in the case of a firm of any one or more

of the partners thereof or upon his presenting his petition or a petition in insolvency being

presented against him or upon his making an arrangement with or assignment in favour of

his creditors or upon an execution or distress being levied on his goods or (If the

Contractor shall be incorporated company) upon winding up order being made against it

or upon a resolution for voluntary winding up being passed.

/Signature of Tenderer……………………………

ATTENTION : CONTRACTORS

TENDER CONDITION – EXCISE DUTY - MODVAT RULES.

The price to be quoted by the Tenderers should take into account the duty set-offs on

inputs under the MODVAT Scheme introduced with effect form 1st March 1986. The

Tenderer should also furnish the following declaration in the tenders:-

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

effect of the duty set-offs (Central Excise and countervailing duties ) available under the

MODVAT Scheme introduced with effect from 1st March 1986”.

The following clause should be included in all the quotations by the Suppliers:-

“ we hereby declare that in quoting the above price we have taken into account the entire

credit on inputs availed under the MODVAT scheme introduced with effect from 1st

March 1986. We further agree to pass on such additional duties and set-offs as may

become available in future in respect of all the inputs used for the manufacture of the

final product on the date of these supply under the MODVAT Scheme by way of

reduction in price and advise the Purchaser accordingly.

3. (a) The following Clause should be included by the Supplier in their bills.

“We certify that no additional duty set-offs on goods supplied by us have accrued under

the MODVAT Scheme in force on the date of supply after we submitted our quotation

and submitted the present bill”.

(b) In the event of MODVAT Credit being extended by the Government of India to more

items than already covered, the firm should advise the Purchaser about the additional

benefit accrued through a letter containing the following certificate:-

“We hereby declare that we can avail additional duty set-offs as per latest MODVAT

Scheme in force now and we hereby give a reduction of ………………. Per unit and

agree to revise the price indicated in the order. The current Excise Duty of

……………………..per cent is payable on this reduced price. Therefore we request you

to amend the order accordingly”.

ANNEXURE ‘A’

DECLARATION/AFFIDAVIT

I,…………………………………………………………………..Managing Director/

Managing Partner/Proprietor representing M/s………………………………………….

………………………………………………. do hereby declare as follows:-

(i) That the inputs and final products covered by our Bill No…………………………

dated…………………………for Rs…………………………. fall under one or the

other of the items under MODVAT Rules and Scheme.

(ii) The total amount of MODVAT Credit admissible/availed of by use on the inputs

used in the manufacture of the goods specified in the above said bill is

Rs……………………

(iii) The input and/or the final product described our Bill No……………………………

……….. dated…………………………… for Rs…………………………………………

do not fall under any of the items listed in the MODVAT Scheme and not set-off was

claimed by us in this behalf.

I hold myself personally responsible for the correctness of the above declaration and

hereby undertake to pass on the credit to, if any, received by me under the MODVAT

Scheme Railway Administration.

Place:

Managing Director/Partner/

Proprietor

Date: M/s…………………………

ANNEXURE ‘B’

ATTENTION – CONTRACTORS

Payment of Excise Duty in respect of Contracts entered into based on tenders issued

prior to the introduction of MODVAT Rules.

1. Where the Contract indicates rates inclusive of Excise duty and the Suppliers does not

claim increase in Excise duty, the Supplier’s Bill will be passed provided the Supplier

furnishes a certificate as per Annexure ‘A’ to F.A.&C.A.O./Madras-600 023.

Whereas there is change in the Excise Duty due to introduction of MODVAT Rules

to Contractor shall submit the certificates as per Annexure ‘A’ to the Controller of Stores

who will issue necessary amendment. The Contractor should then claim the bill as per

amendment.

2. In case where the Contractor indicates Excise Duty extra with or without specific

percentage, the Contractor’s Bill will be initially passed excluding the Excise Duty. The

Supplier can claim Excise Duty through a Supplementary Bill after furnishing a

certificate to the Controller of Stores and after meeting necessary amendment from the

Controller of Stores.

2.2. Purchase preference to Public Sector Unit:- The Purchaser reserves the option to

give a Purchase preference to the offers from public sector units, over those form other

firms, in accordance with the policies of the Government from time-to-time. The

purchase preference cannot be taken for granted and the pubic sector units should adjust

themselves to the new environment of competitiveness and efficiency.

2.3. Price preference to Small Scale and KVIC/WDC:- The Purchaser reserves the

option to give a price preference to the offers from Small Scale/Cottage Industries units

over those from other firms in accordance with the policies of the Government from-to-

time. The price preference above cannot however be taken for granted and every

endeavour should be made by them to bring down cost and achieve competitiveness.

2.4. Furnishing the weight of the Consignment:- The firm should quote the rate of

FOR destination basis. If they quote the rate on the basis of FOR station of despatch, the

weight of the consignment should invariably be furnished to arrive at the freight element

correctly.

________________________________________________________________________

“ QUOTATIONS THROUGH TELEX MESSAGES WILL NOT BE ACCEPTED

AGAINST ANY TENDERS”

INCOME-TAX CLEARANCE CERTIFICATE

1. Name and style (of the Company, Firm, H.U.F. or Individual) in which the applicant

is assessable to Income-tax, and address for the purpose of assessment.

2. Name and address of all Companies, firms or association of persons in which the

Applicant is substantially interested in his individual or fiduciary capacity.

3. The Income-tax Circle/Ward/District in which the applicant is assessed to Income-tax

and the G.I.R No

4. The following particulars to be furnished concerning the Income-Tax assessment for

the preceding four years

(a) The total contract amount received during the preceding four accounting

years ( give date of the closing day of the year) being previous years of --

19………… 19…………. 19………… 19……………

(b)

Year

(1)

Total income assessed

(2)

Tax demanded

(3)

Tax paid

(4)

Balance due

(5)

19 .. ..

19 .. ..

19 .. ..

19 . . ..

Note:- (1) Tax in columns 3 and 4 should include all items, viz., I.T.,S.T., Surcharge, E.P.T. and B.P.T.

(2) If any tax remains unpaid the reasons should be explained in an attached statement.

(c) In case their has been no I.T. assessment in any year, whether returns have

been submitted under Section 22 (1) or (2) or tax has been paid in advance under Section

18-A (3) of the Act and if so the amount of Income returned for each year and tax for

each of the four years mentioned above and the I.T. Circle/Ward/District concerned

where such returns have been filed give reasons for the same.

(d) Whether any attachment or Certificate proceedings pending in receipt of the

arrears.

(e) The name and address of branches(es) if any,

________________________________________________________________________

I declare that the above information is correct and complete to the best of my

information and belief.

/Signature of the Contractor……………………………………………………….

/Register No………………………………………..

Date………………………………………

“In my opinion the assessee mentioned above has been doing/has not been doing

everything possible to pay the tax demands promptly and regularly and to facilitate the

completion of the pending proceedings”.

Date………………… /Signature of I.T.O…………………..

Seal /Circle /Ward/District………………………………….

PRO FORMA ‘A’

ANNEXURE TO TENDER No………………………………….DUE ON……………..

Details of Performance against Railways’ order for the supply of

………………………………………… or other similar items.

Sl

No.

(1)

Brief description

of the item supplied

(2)

Name of

The Railway

With details

of Purchase

Order No. and

date

(3)

Qty

Ordered

(4)

Qty

supplied

within

due date

(5)

Balance

Qty

(6)

Dates of

Supply

and

names

of

consignee

(7)

`Inspected

by

(8)

Qty accepted

(9)

Name and Address:

Date:

………………………………………

/Signature of Tenderer

PRO FORMA ‘B’

1. The place and details of number of type of equipments

Owned at firm’s premises and on the field. Details of

Accommodation, stocks and the turnover.

2. Details of Staff employed at ---

(a) The firm’s premises ---

(b) The field staff --

3. Complaints if any, received against the particular

Member or members of staff in-charge of field work.

4. Remarks .. .. -- ..

Signature of Tenderer …………………

Date :

Read and Accepted

Signature of the Tenderer

ACCOMPANIMENT TO TENDER No………………………….. Due on ……………….

INSTRUCTIONS TO THE TENDERERS

The Tender document consists of the following:-

1. Instruction to the Tenderers.

2. Tender Schedules and Conditions of Contract for supply of Stores in ST 277.

3. Tender Enquiry Form.

4. Additional Special Conditions of Contract.

5. Drawing and specifications if any, wherever applicable.

“The Stores tenders published by the Controller of Stores, Southern Railway , are also

available at the Internet site -www.tenders.gov.in. This site also permits downloading of

the tender documents. The indenting tenderers may visit this site and download the tender

document. While submitting the tender documents, they should attach a Demand Draft

drawn in a nationalized bank in favour of “Chief Cashier/Southern Railway” , payable at

Chennai, towards the cost of the tender documents.

1. Submission of Offers and Filling of Tender:

(a) This tender should be duly filled in ( in the enclosed Offer Form and Tender

Schedule), duly signed in relevant places and submitted in a separate sealed

cover addressed to the Controller of Stores, Southern Railway

Ayanavaram, Chennai – 600 023 superscribed with words:-

“Tender No……………………..due date of opening …………opening

time………………………….been issued or sold.

(b) Tender form is not transferable and the tender should be submitted by the

party in whose favour the same has been issued or sold.

(c) Only authorized signatory should sign the Offer Form.

(d) Even if not able to quote, Tenderers are requested to return this tender

without fail, by the due date duly signed with the words “NO

QUOTATIONS” written across the face of it.

(e) Offers not accompanied by signed tender documents/forms (in all respect)

issued by the Purchaser may be rejected without assigning any reasons.

(f) No erasures, alterations or over writings are permitted on the Tender Form.

The tenders with erasure marks, alterations or over writings are liable to be

invalidated.

(g) The rates quoted should be written both in words and figures. The unit of

rates should be in metric system and as per tendered specification/schedule.

(h) The Tenderers are requested to go through the I.R.S. Conditions of

Contract.

Read and Accepted

Signature of the Tenderer

Clause 1.1 (Offers submitted without purchase of tender documents from the Office of the

Controller of Stores Southern Railway, Ayanavaram , Chennai – 600 023 and tender documents

downloaded from the Internet site –www.tenders.gov.in

a) “The offers of the firms received without TENDER DOCUMENTS either purchased

directly from the Office of the Controller of Stores, Southern Railway, Ayanavaram, Chennai –

600023 or downloaded from the Website along with cost of tender document as applicable, will

not be entertained and will be rejected summarily.”

Firms registered with NSIC for the groups for which tender is floated may forward copies

of the valid NSIC certificate along with the downloaded tender documents and offer, as a proof

of their eligibility for tender documents free of cost. Offers received without these documents

will be rejected.

Government Departments such as Ordinance Factories can submit their offers directly

after downloading, to Controller of Stores / Southern Railway.

b)

2. Earnest Money Deposit & Security Deposit:

2.1 Earnest Money Deposit (EMD)

2.1.1. All tenderers should furnish the Earnest Money Deposit (EMD) against advertised

tenders subject to the following exemptions.

a. Vendors registered with NSIC upto the monetary limit of their registration for the

items tendered.

b. Vendors registered with the Railways upto the monetary limit of their registration for

the items tendered/trade groups of the items tendered.

c. Vendors on approved list of RDSO/PUs/CORE/Railways etc. for those specific items

for which they are on approved list.

d. Manufacturers amd their accredited agents.

e. Other Railways, Govt. Departments.

2.1.2. The amount of EMD to be furnished in advertised tenders, wherever applicable, is

2% of the estimated tender value subject to an upper limit of RS.5 lakhs for tenders

valuing upto Rs.10 crores and Rs.10 lakhs for tenders valuing above Rs.10 crores. Railway

reserves the right to enhance the upper limit on amount of EMD for tender cases valuing

beyond the acceptance Powers of GMs/AMs.

2.1.3.The offers not accompanied by requisite EMD,until unless specifically exempted, as

per extant rules are liable to be ignored summarily. The firm claiming expemption from

EMD should clearly indicate valid reasons for such claim duly enclosing attested copies of

the relevant documents such as registration/approval certificates for the tendered item.

2.1.4. Validity of EMD EMD should remain valid for a period of 45 days beyond the

final bid validity period i.e. EMD validity should also be extended whenever bid

validity is extended.

2.1.5. Forfeiture of Earnest Money: When the suppliers undertake to keep the offers

open, for a particular period and if the offer is withdrawn or revised within validity

period, the Administration gets a right to forfeit the Earnest Money Deposit.

2.2 Security Deposit (SD)

2.2.1. All tenderers should furnish Security Deposit (SD)/Performance Guarantee for all

contracts in respect of safety and other than safety items placed against advertised tenders except

vendors registered with NSIC upto the monetary limit of their registration for the items ordered.

Read and Accepted

Signature of the Tenderer

The firm claiming exemption from SD should clearly indicate valid reasons for such claim duly

enclosing the current/valid NSIC certificate. However for items other than duly enclosing the

current/valid NSIC certificate. However for terms other than safety, Railway reserves the right

to extend exemption given below.

a. Vendors registered with Railways upto the monetary limit of their registration for the

items ordered/trade groups for items ordered.

b. Vendors on approved list of RDSO/PUs/CORE/Railways etc. for those specific items

for which they are on approved list.

c. Other Railways, Govt. Departments on their specific request and on merits of the case

as considered by tender committee.

2.2.2. The amount of SD to be furnished is 10% of the total value of contract subject to

upper ceiling of Rs. 10 lakhs for contracts valuing upto Rs. 10 crores and Rs.20 lakhs for

contracts valuing above Rs.10 crores. Railway reserves the right to enchance the upper limit on

amount of SD for contracts valuing beyond the acceptance powers of GMs/AMs and the same

will be specified in purchase orders/contracts.

2.2.3. Validity of SD Security Deposit should remain valid for a minimum period of 60

days beyond the date of completion of all contractual obligations of suppliers.

2.2.4. All unregistered/unapproved tenderers and tenderers who are not

registered/approved for a particular item tendered, should furnish SD.

2.3. Firms should refrain to quote for other groups for which they are not registered. Such

offers will be treated as unsolicited offers. (for Bulletin tenders only)

2.4. Tenderers request for adjustment o f E M D / S D relating to their earlier

tenders/contracts will not be considered. They will be have to deposit EMD and SD

afresh. Similarly Tenderers request to recover EMD/SD from other bills or at the time

of consideration of tender will not be entertained and such offers are likely to be

rejected.

2.5. The firm claiming exemption from EMD/SD should clearly indicate valid reasons for

such claim duly enclosing attested copies of the relevant documents such as registration/

approval certificates for the tendered item.

2.6. Forfeiture of Earnest Money: When the suppliers undertake to keep the offers open, for

a particular period and if the offer is withdrawn or revised within the validity period, the

Administration gets a right to forfeit the Earnest Money Deposit.

3. Telex/FAX/Telegram Quotations and Late Tenders:

Quotations through Telex, FAX, Telegrams etc. will not be accepted against any tender.

It is the responsibility of the Tenderer to ensure that their tenders are deposited in

appropriate tender boxes on or before the opening date and time. The Railway

Administration will not be responsible for any postal delay. Late and delayed tenders will

not at all be accepted.

4. Drawings and Specifications:

Read and Accepted

Signature of the Tenderer

(a) Drawings and Specifications if any as indicated in the Tender can be had from

R.D.S.O./Lucknow, D.L.W./Varanasi, I.C.F./Chennai, C.L.W./Chittaranjan,

CME/S.Rly or C.E.E/S.Rly etc. who has issued the drawing on payment which has to

be arranged by the Tenderer, before, quoting against the tender.

(b) Except where obtained on payment, all Railway drawings or specifications or

samples issued to the Tenderer must be returned along with quotations, failing which

the Controller of Store reserves the right of recovery of the cost of the same from the

pending bills of the Tenderer or through other recovery procedures.

(c) Counter offer if any should be indicated with the full details i.e. the Drawing No.and,

or specifications No.etc and copies of such Drawings/specifications should be

enclosed, failing which the offer may not be considered. The counter offers are liable

to be rejected if there are other offers to specifications tendered for.

5. Attendance of Representatives for Tender Opening:

For Open Tenders and special limited tenders, Tenderer’s representative desirous of attending

tender reading should submit their authorization letter to the concerned Officer failing which

they may not be allowed to attend the tender reading.

6. Sample Clause:

Samples where called for, should be sent to the Controller of Stores, Southern Railway,

Chennai – 600 023, duly marked tender number and labeled so as to reach the C.O.S. office by

the opening date and time, failing which offers are liable to be rejected.

6.3 Each sample should have a card affixed to it giving particulars of

(a) Firms name and address

(b) Tender Number

(c) Date & Time of Opening of Tender

(d) Item No. of schedule against which tender sample submitted, and

(e) Any other description, if necessary written on it

7. Particulars to be enclosed along with tender:

Following details should be enclosed along with the tender:-

(i) Performance statement against Railway Orders for supply of same or similar items as per

the Pro forma-A of the Tenders Schedule. Correct status /supply position of pending orders if

any should be invariably indicated;

(ii) Plant, Machinery and Equipment and Staff statement as called for in Proforma-B of the

tender Schedule.

Read and Accepted

Signature of the Tenderer

(iii) Tenderers should submit documentary evidence in respect of their R.D.S.O. approval

indicating current validity and approval of their Q.A..P. by R.D.S.O. wherever necessary.

(iv) Photo Copies of the supply/purchase orders enclosing the inspection certificate by

RITES/R.D.S.O. and Receipt Notes should be enclosed for ready reference, along with tender to

substantiate their performance statement.

(v) The Tenderers should also indicate their registration number with southern Railway with

monetary value and currency and currency there of, trade groups for which registered and

monetary value.

(vi) Copy of Valid NSIC Certificate.

(vii) (vii) Proof of having paid EMD or waivel authority.

(viii)

(ix) (viii) Complete Tender document set duly signed in token of acceptance.

(x)

(xi) (ix) Undertaking to be furnished by authorized agents/ distributors quoting on behalf of

manufacturers as per clause (19) in “Additional Special Conditions”.

8. Quotation of Rates:

(a) Tenderers should clearly indicate separately ex-works basic price, packing charges,

forwarding charges, Excise Duty, Sales Tax and Freight charges upto destination

applicable per each unit tendered. Duties and Taxes are not payable on freight charges

and forwarding charges. Price quoted should be invariably for delivery F.O.R Station of

Destination or ( of dispatch) in India and inclusive of charges such as packing,

forwarding , Custom Duty, Octroi etc., where applicable. In case of particular reasons,

if some of the Tenderers want to quote Ex-Works basis, they should indicate the

difference between the Ex-Works and Station of Dispatch prices. The F.O.R Station of

Dispatch prices shall be deemed to include free delivery to the consignee situated within

municipal corporation limits.

(b) The rate quoted should be for the units (nos./Kgs./Sets etc.) as per tender schedule and offer

to other units are likely to be rejected. when quotations are made for units other than those

specified in the schedule, the relationship between the two should be stated in the tender.

© The tenderers should clearly indicate in their offer that they are quoting identical price to

other Railways or they have secured Purchase Orders from other Railways at the quoted rates.

(d) Discounts without any conditions attached – such as quantity allocation, early payment,

prompt receipt notes – will only be considered for tender evaluation purpose. However, Railway

may avail the same, if otherwise the firms offer becomes acceptable.

Read and Accepted

Signature of the Tenderer

(e) The firm quoting differential rate for varying quantities should indicate the rational/reason

for quoting different rates for different quantities.

9. Excise Duty :

(a) (i) If Excise Duty is being charged extra, then Tenderers should clearly indicate exact rate of

Excise Duty applicable. If concessional excise duty is applicable at the time of quoting and

Tenderers quote that actual excise duty at the time of supply should be paid, then quotations will

be evaluated on the basis of Maximum Excise Duty applicable as specified in Excise Tariff for

that class of goods.

(ii) In no case variation in Excise duty due to increase in sales turn over during the

currency of the contract will be admissible.

(iii)If Tenderers misclassify the goods under relevant Excise Tariff Rules, railway will not pay

increased Excise Duty due to misclassification.

(iv)Excise duty will be paid subject to documentary evidence.

(v) If Excise Duty and Sales Tax are not quoted in the offer no Excise duty / Sales Tax will

be reimbursable.

(b) Tenderers Should indicate Excise Duty extra, wherever applicable. Even if Excise Duty is

quoted as included in price quoted, tenderers should still indicate the basic rate and Excise Duty

separately.

© MODVAT /CENVAT: Tenderers should furnish clear MODVAT/CENVAT declarations

stating that they have taken into account all the MODVAT/CENVAT benefits, while quoting

against the tenders.

(d) (d) Tenderers should refrain from quoting in general phrases such as “EXCISE DUTY EXTRA

as applicable” or slab rate basis depending upon the turnover. They must clearly indicate

quantum of excise duty applicable including various slabs in a given time frame at the time of

quoting. The offers of firms quoting Excise duty on slab rate basis will be loaded for full Excise

duty applicable for the purpose of evaluation of the tender.

(e)

(e) Tenderer/Suppliers while quoting in the tender as well as submitting their invoice/bills should

indicate the freight charges separately from the price of goods, failing which the supplier would

be liable to pay any element of Excise Duty that may become applicable on freight (

transportation) charges.

10. Sales Tax :

Sales Tax should be quoted extra if applicable. Exemption form ‘D’ will be supplied by the

purchaser while placing the order if required.

If any surcharge on Tax if applicable the same should be indicated clearly. Wherever ST

exemption form are not applicable the Tenderer should indicate clearly.

Read and Accepted

Signature of the Tenderer

11. Validity :

Tenderers are requested to keep validity of their offer open for a minimum period of 90

days, as required in the tender enquiry. Offers with Validity period of short duration may not be

considered.

12. Cartel formation by approved vendors

1. 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 reasons thereof.

2. Firms are expected to quote for a quantity not less than 50% of tendered quantity.

Offers for quantity less than 50% of tendered quantity will be considered

unresponsive and liable to rejected in case cartel formation is suspected. Railways,

however reserve the right to order on one or more firm any quantity.

3. The firms who quote in cartel may note that their names are likely to be deleted from

list of approved sources.

4. The present policy of distribution of ordering quantities on approved sources and new

sources, based on the status of approval obtaining on the date of tender opening will

be followed in normal circumstances. However in tenders, where cartel formation is

suspected, the purchaser will be free to distribute the ordering quantities in any

manner deemed fit in the interest to the administration ignoring the status of approval.

13. Evaluation Criteria :

1. Rates quoted without any condition attached (viz. discounts having linkages to quantity,

payment etc.) will be considered for evaluation purpose. Thus discounted rates, linked to

quantities and prompt payment etc will be ignored for calculating interse position.

S.Railway however reserves the right to use the discounted rate/rates considered

workable and appropriate for counter offer to the successful tenderers. Any firm quoting

in cartel will be dealt as per clause(12) by the purchaser.

2. The tenderers should note that the tender quantity is only approximate and subject to

variation at the time of actual finalisation of the tender. Moreover, as per the terms and

conditions of the tender, the purchaser also reserves the right to accept the offer for the

full quantity or part thereof tendered.

3. All-in cost comprises of the Basic Rate, excise duty, Sales Tax, Packing charges,

Forwarding charges, Insurance(if any) and freight charges upto destination and any other

charge quoted by the Tenderer.

4. All offers will be arranged in ascending order of the all in cost.

5. After arranging the offers as above, technically unsuitable offers will be passed over.

Offers not confirming to tender schedule, offers from defaulters etc., may also be passed

over.

Read and Accepted

Signature of the Tenderer

6. The tender quantity may be split among one or more tenderers for reasons like

vital/critical nature of the items, quantity to be procured, meeting production targets, past

performance and capacity of the bidders, delivery required etc. The administration’s

decision in regard to quantities on the successful tenderer(s) would be final.

7. Though the rates without any conditions attached will only be considered for evaluation

purposes, this does not preclude S.Rly from making counter offer for rates of any of the

discounted offers.

14. Warranty / Guarantee

Warranty/Guarantee clauses as IRS Conditions of Contract are applicable. The contractor

should guarantee that the said goods/ stores/ articles would continue to conform to the

description and quality as aforesaid, for a period of 30 months after their delivery or 24

months from the date of placement in service whichever will be sooner, and this warranty

shall survive notwithstanding the fact that the goods/stores/articles may have been inspected,

accepted and payment thereof made by the purchaser.

15. Tender Opening Date

If the tender opening date is subsequently declared a holiday or the functioning of the

Office of the tender opening date is severely affected due to any disturbance of normal life,

eg. Natural Calamities,Bandh etc. the next working day will automatically become the

tender opening date, unless otherwise notified by this office.

ACCOMPANIMENT TO TENDER No…………………………………. Due on ………….

ADDITIONAL SPECIAL CONDITIONS

1. The Controller of Stores is not bound to accept the lowest or any tender, nor to assign any

reason for not doing so and reserve to himself the right to accept any tender in respect of

the whole or any portion of the items specified in the tender and contractor shall be

required to supply at the rate quoted.

2. Quantity to be ordered :

(a) Railway reserves the right to cancel the tender or order either for full or part

quantity tendered without assigning any reason. The rates quoted by the Tenderers

for full quantity would be taken as valid part quantity also.

Read and Accepted

Signature of the Tenderer

(b) Wherever necessary, the quantity to be ordered can be split by the purchaser

within two or more sources for ensuring better availability of material keeping in

view the vital/critical nature of item, quantity to be procured, delivery

requirements capacity of the firms and past performance of the firms.

(c) The purchaser reserves the right to increase and/or decrease the order quantity by

a quantity not exceeding 30% of the ordered quantity on the same price and terms

and conditions during the currency of the contract, with a suitable extension in

delivery period.

3. Procurement from Approved Sources :

Wherever applicable, items manufactured by RDSO approved sources will only be

considered for R.D.S.O. specified items. Tenderers are requested to enclose copies of RDSO

approval letter along with their tenders. Date of approval will be reckoned as on date of tender

opening.

The Railway reserves the right to order entire or bulk quantity from approved firms. The

status of the firm shall be reckoned as on the date of tender opening and not thereafter. But in

case of downgrading/removal/suspension/banning, after opening of the Tender, such cases will

be taken account while deciding tenders.

For items, wherever required from DLW,CLW,ICF, Southern Railway etc. approved

sources, bulk quantity orders may be placed on approved sources and new sources with

established performance of supply to others, with adequate capacity and technical capability may

be considered for trial orders.

4. Risk in the Stores :

The contractor shall perform the contract in all respects in accordance with the terms and

conditions thereof. The stores and every constituent part thereof, whether in possession or

control of the Contractor, his agents or servants and the purchaser, his agents or servants, shall

remain in every respect at the risk of the contractor until their actual delivery to the consignee at

the stipulated place or destination or, where so provided in the acceptance of tender until their

delivery to a person specified in the schedule as interim consignee for the purpose of dispatch to

the consignee. The contractor shall be responsible for all loss, destruction, damage or

deterioration of or to the stores from any cause whatsoever while the stores after approval by the

Inspecting Officer are awaiting dispatch or delivery or are in the course of transit from the

Contractor to the consignee or, as the case may be, interim consignee. The contractor alone shall

be responsible to make claim against Railway Administration or other Carrier in respect on non-

delivery, short delivery, misdelivery, loss, destruction, damage or deterioration of the goods

entrusted to such Carrier by the Contractor for transmission to the consignee or interim

consignee as the case may be.

Read and Accepted

Signature of the Tenderer

5. Purchase Preference Clause :

The purchaser reserves the option to given a purchase/price preference to the offers from

the Public Sector Units and/or from Small Scale/Cottage Industries units, over those from other

firms, in accordance with the policies of the Govt. from time-to-time. The preference above

cannot however be taken for granted and every endeavour need be made by them to bring down

cost and achieve competitiveness.

6. PAYMENT TERMS :

(a) Tenderers should note that normal payment terms of Railways is 100% payment after

Receipt and acceptance of the material at the consignee’s end, irrespective of stipulation

of pre-inspection by any agency.

(b) For proven and approved suppliers with a good track record supply, 90% / 95% advance

payment on proof of Receipt of the consignment ie. Receipted Challan signed by a

Gazetted Officer and Inspection Certificate issued by the nominated inspection Agency

as specified in the contract and balance 10% / 5% after receipt and acceptance of stores

may be considered, in exceptional cases only. No Advance Payment will be permitted

against proof of dispatch.

(c) Conditional Discount linked to early payment within specified days will be summarily

ignored for tender evaluation purpose, but if Railway is in a position to avail it, then it

shall become applicable.

(d) The Tenderers should note that Motor Lorry Receipt will not be accepted as proof of

dispatch of material for making advance payment for supply of stores. However as

indicated at (b) above, in such cases 90% / 95% payment against receipt Challan /

Receipt will be considered.

7.Quotation in Foreign Currency :

Please note that, in case of Quotations in Foreign Exchange, any additional

expenditure incurred by the purchaser on Custom duty, freight charges as also extra cost which

may arise on account of Variation in Exchange rate during the extended delivery schedules, shall

be borne by the contractor and not by the Purchaser.

8. Inspection Clause :

(a) Final inspection and acceptance of the supplied material will be done by the consignee after

receipt of the material.

Read and Accepted

Signature of the Tenderer

(b) Material to be pre inspected by RDSO or RITES at Railway’s option, or as stated in this

Tender Enquiry. Tenderers are requested to quote clearly their inspection clause. At a later

date any change of inspection clause will not be considered.

(c) Removal of Rejected Stores and Ground Rent :- All rejected articles must be removed by

the firm at their own cost within 21 days from the date of rejection notice. Such rejected

stores shall lie at the Contractor’s risk from the day of rejection. If the rejected supply is not

removed within the specified time , the controller of stores/consignee shall have the right to

dispose of such stores as he thinks fit at the Contractor’s risk and on his account. In the case

of stores dispatched by rail/road and rejected at destination the material will be booked

freight “TO-Pay” by Rail/Road as the case may be, without any further reference to the firm,

if no intimation or disposal instruction is received within 21 days. Beyond this date ground

rent or demurrage will be charged at the rate of 0.3% per day for articles weighing less than

250 kgs in weight and 0.2% per day for bulkier or heavier articles and these charges shall be

payable before the rejected stores are removed.

9.Terms of Delivery :

(a) Mode of dispatch should be by road.

(b) Suppliers should clearly quote- FOR conditions ie. Station of dispatch or destination.

(c) The risk in transport is the responsibility of the Supplier. The Purchaser shall be

responsible for this.

(d) The firms who quote FOR Station of despatch but freight upto the destination is

borne by them should clearly state so in their offer. The claim for reimbursement of freight

will be entertained only if they specifically indicate so in their tender, else it will be assumed

that the firm is bearing the freight. Date of receipt of supply at Consignee’s place will be taken

as date of delivery.

(e) Risk in stores irrespective of FOR Destination shall rest with the supplier in terms of IRS

Conditions of contract para 1501.

(f) Acceptance of Higher Tender for Earlier Delivery : It should be noted that if a Contract is

placed on a higher tenderer as a result of the invitation to tender, in preference to a lower

acceptable offer, in consideration of offer for 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 final price, FOR destination including all elements of freight,

sales tax, local taxes, duties and other incidentals in case of failure to complete the supplier 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 under the terms of

contract.

10. Delivery Schedule :

(a) The delivery period quoted by the firm should be very specific and cogent instead of vague

terms like 2 to 32 weeks or 2 to 10 months. Such offers will be considered with longest

Read and Accepted

Signature of the Tenderer

delivery period for the purpose of tender evaluation. Such offers are liable to be ignored in

preference to offers with earlier deliveries.

(b) Railway prefers deliveries in instalments. Therefore firm should quote specific monthly rate

of supplies they intend to deliver and the completion date/month of the lot so that contract

can be made severable. Tenderers may please note that when delivery period has been quoted

by them specifying the supply of number of units per month, it will be open to the Purchase

Officer, to have contract on installment delivery basis.

(c) In exception cases Extension of Delivery Period may be given once only, that too for a

period not exceeding 1 month, after which no more extension will be given and Risk

Purchase action will be taken as per rule.

(d) Tenderers are required to quote delivery schedule as below :-

TO COMMENCE IN DAYS FROM THE DATE OF PLACEMENT OF

PURCHASE ORDER AND TO BE COMPLETED WITHIN MONTHS IN EQUAL

LOTS.

(e) Tenderers to note that :-

(1) In cases where only a portion of the stores ordered is tendered for inspection at the fag of the

delivery period and also in cases where inspection is not completed in respect of the portion

of the stores tendered for inspection during the delivery period, the purchaser reserves the

right to cancel the balance quantity not tendered for inspection within the delivery period

fixed in the contract at the risk and expense of the Contractor without any further reference to

him. If the stores tendered for inspection during or at the fag end of the delivery period are

not found acceptable after carrying out the inspection, the purchaser is entitled to cancel the

contract in respect of the same at the risk and expense of the Contractor. If, however, the

stores tendered for inspection are found acceptable, the purchaser may grant an extension of

the delivery period subject to the following conditions :-

(a) The purchaser has the right to recover from the contractor under the provisions of clause

0702(a) of I.R.S. conditions of Contract liquidated damages on the stores which the

contractor has failed to deliver within the period fixed for delivery.

(b) That no increase in price on account of any statutory increase in or fresh imposition of

Customs Duty, Excise Duty, Sales Tax or on account of any other tax or duty leviable in

respect of the stores specified in the Contractor which takes place after the date of the

delivery period stipulated in the contract shall be admissible on such of the said stores as are

delivery after the date of the delivery stipulated in the contract.

(c) That not with standing any stipulation in the contract for increase in price on any other

ground no such increase which takes place after the date of delivery stipulated in the Contract

shall be admissible on such of the said stores are delivered after the expiry of the delivery

period stipulated in the Contract.

(d) But nevertheless, the purchaser shall be entitled to the benefit of any decrease in price on

account of reduction in or remission of Custom Duty, Excise Duty, Sales Tax or on account

Read and Accepted

Signature of the Tenderer

of any other tax or duty or on any other ground as stipulated in the price variation clause

which takes place after the expiry of the date of delivery stipulated in the contract.

(2) The contractor shall not despatch the stores till such an extension in terms of para 1(a) to (d)

above is granted by the Purchaser and accepted by the contractor. If the stores are dispatched

by the contractor before an extension letter as aforesaid is issued by the purchaser and the

same are accepted by the consignee, the acceptance of the stores shall be deemed to subject

to the conditions (a) to (d) set out in paragraph 1 above.

(3) In case where the entire quantity has been tendered for inspection within the delivery period

stipulated in the contract and the purchaser choose to grant an extension of the delivery

period the same would be subject to the conditions (a) to (d) mentioned in Paragraph 1

above.

11.Default and Risk Purchase : Tenderers to note that, in case, the tenderer after placement of

the purchase order, defaults to supply the material within the delivery date or extended delivery

date,the purchaser reserves the right to initiate action as under:

A. (i).Safety items: In respect of orders for Safety items where levy of security deposit is

compulsory @ 10% (except in case of vendors registered with NSIC upto the monetary limit of

their registration for the items ordered), the Security deposit will be forfeited and the quantities

unsupplied will be procured independently without risk and cost of the original firm/supplier of

the defaulted contract.

(ii)Other than safety items: In respect of orders for other than Safety items where Security

deposit has been taken from firms @ 10% the Security Deposit will be forfeited and the

quantities unsupplied will be procured independently without risk and cost of the original

firm/supplier of the defaulted contract.

In both the above cases (i and ii) adverse performance of the firms/supplier may be recorded

and intimated to the approving authorities like RDSO,DLW,CLW,NSIC etc which shall be taken

into account in future tender cases on merit.

B. In respect of orders,for both safety and non-safety items, where no security deposit has been

taken from firms, Risk Purchase action will be initiated against the supplier as per IRS conditions

of Contract. The period of initiating Risk Purchase will be 9 months instead of 6 months from the

date of last delivery date or extended delivery date as provided in clause No.702 (b) of IRS

Conditions of Contract.

12. Performance Guarantee : As and when required, for Machinery and Plant items and for

items requiring specified performance, the Tenderer will be asked to give a Performance

Guarantee ( in the form of a Bank Guarantee or instruments applicable), to cover the

performance of the item to be supplied. No separate consent will be asked from the Tenderers for

the same.

13. Octroi exemption certificate: The purchaser will not bear any octroi charges, if required will issue octroi exemption

certificate only. In the event of octroi exemption certificate not being honoured by the concerned

municipal authority, and octroi charges become payable, the supplier will have to bear the Octroi

charges.

Read and Accepted

Signature of the Tenderer

14. Price Variation Clause :

Tenderers should quote firm price. However any tenderer quoting with Price Variation

clause should clearly indicate in unambiguous terms, the basis and the formulae to be adopted for

calculating impact of price variation in monetory terms for comparison for prices. Any

ambiguous offer on this account will be ignored.

Offers with vague phrases such as prices ruling at the time of supply will not at all be

considered.

15. Price Fall Clause ( Applicable for Rate Contracts Only) :

(i) (i)The price charged for the stores supplied under the contractor shall in no event exceed the

lowest price at which the contractor sells the stores or offers to sell the stores of identical

description to any person/organization including the purchaser of any Deptt. of the Central

Govt./Undertaking of the Central or State Govt. as the case may be during the period till

performance of all supply orders placed during the currency of the rate contract is complete.

(j)

(ii) If at any time, during the said period the contractor reduces the sell price sell or offer to sell

such stores to any person/organization including the purchaser or any deptt. of Central or any

Statutory Undertaking of the Central or State Govt. as the case may be at the price lower then the

price chargeable under the contract, he shall forthwith notify such reduction or sale or offer to

sale to the purchaser and the price payable under the contract for the stores supplied after the

date of coming into the force of such reduction of sale or offer of sale shall stand

correspondingly reduced. The above stipulation will however not apply to :-

(A) Exports by contractor or

(B) Sale of goods as original equipment at price lower than the prices charged for normal

replacement.

(C) Sale of goods such as drugs which have expiry dates.

(D) Sale of goods at lower price on or after the date of the completion of sale replacement or

order of goods by the Authority concerned under the existing or previous rate contracts as

also under any previous rate contracts entered into with the Central or State Govt. Deptt.

including their undertaking excluding joint sector companies and / or private parties and

bodies.

(iii) The contractor shall furnish the following certificate to the concerned Accounts Officer

along with each bill for payment for supplies made against the rate contract :-

We certify that there has been no reduction in sale price of the stores of description identical

to the stores supplied to the Govt.under the contract herein and such stores have not been

offered/sold by me/us to any person/organization including the purchaser or any deptt. of the

Central Govt. or any statutory undertaking of the Central or State Govt. or as the case may be

upto the date of completion of supplies against all supply orders placed during the currency

of the rate contract at a price lower than the price charged to the Government under contract

except for Quantity of Stores categorized under sub-clause (A),(B),(C),(D) of sub-para (ii)

above, details of which are as follows :

Read and Accepted

Signature of the Tenderer

Note : - The contractor will also inform the Controller of Stores as soon as supplies against

all orders placed against the rate contract are completed.

16. Book Examination Clause :

The tenderers are to agree for the Standard Book Examination Clause as stated below. In case

the tenderer do not agree to this clause, it is made clear that under Section 209-A of Companies

Act, the Government have got powers to examine the book of the company.

The Book Examination Clause can be invoked wherever it is felt by the purchaser that the

rates quoted by the firm is unreasonable with due regard to the previous purchase rates, price

trends intrinsic worth of the items.

(i) The contractor shall whenever called upon and requiring to produce or cause to be

produced for examination by the Government Officer duly authorized in that behalf,

any cost or other account book of account voucher, receipt, letter, memorandum

paper and writing or any other copy or extract from any other such documents and

also furnish information any wise relating so such transaction and produce before the

duly authorized Government Officer returns verified in such manner as may be

required relating in any way to the execution of this contract or relevant for verifying

or ascertaining the cost of execution of this contract ( the decision of such

Government Officer on the question of regency of any document, information or

return being final and binding on the parties).

The obligation imposed by this clause is without prejudice to the obligation of the

Contractor under any statue, rules or orders shall be binding on the contractor.

(ii) The Contractor shall, if the authorized Government Officer so requires ( whether

before or after the prices, have been finally fixed), afford facilities to the Government

Officer concerned to visit the Contractors works for the purpose of examining the

process of manufacturing and estimating or ascertaining the cost of production of the

articles. If any portion of the work be entrusted or carried out by a sub-contractor or

any of its subsidiary or allied firm or company, the authorized Government Officer

shall have the power to examine all the relevant book of such sub-contractor or any

subsidiary or allied firm or company and it shall be opened to his inspection as

mentioned in clause (1).

(iii) If on such examination, it is established that the contracted price is in excess of the

actual cost plus reasonable margin of profit, the purchaser shall have the right to

reduce the price and determine the amount to a reasonable level.

(iv) Where a contract provided for book examination clause the Contractor or its agency

bound to allow examination of its books within a period of 60 days from the date the

notice is received by the Contractor, or his agencies calling for the production of

documents as under clause (i) above. In the event of Contractor’s or his agencies

failure to do so, the contract price would be reduced and determined according to the

Read and Accepted

Signature of the Tenderer

best judgement of the purchase which would be final and binding on the Contractor

and his agencies.

17. Marking of Material Supplied :

The tenderer should indicate the Manufacturers Name/Month and Year of

manufacturing/Purchase Order Number/Stamping/etching/embossing to identify the suppliers for

premature failurers of the materials in actual use. The location of these identification should be

such that they do note get obliterated on wear and tear and without affecting the functional utility

and structural stability of the components/ materials.

18. Quality of material supplied :

1. Material peculiar to Railway such as parts and fittings of rolling stock except raw

material, which have been found rectified during inspection and which could not be rectified, are

required to be defaced by the inspecting authority to avoid recycling of such rejected material

and to avoid ultimate failures of assets. All such rejected materials peculiar to Railways should

be mechanically defaced to prevent sale to Railways again.

2. In case the firm fails to offer the material for inspection against inspection call issued to

inspection agency or if the material to be re-inspected due to rejection of the material at the firm

premises by the inspecting agency or due to non-despatch of material within validity of

inspection certificate, then 50% of the inspection charges applicable for the offered quantity

subject to maximum of Rs.5,000/- and actual test charges incurred will be paid by the supplier to

the inspecting agency.

3. Dealers while quoting, should enclose the Authorised Dealership Certificate from the

original manufacturers. They should also confirm the inspection of material at the manufacturers

premises. They should clearly indicate whether the Purchase Order to be placed on them or on

their manufacturer.

19.Procurement from manufactuerers authorized agent / distributors :

Where a manufacturer appoints an agent or a distributor on the basis of a return agreement with

him for a specific territory or a specific set of items , he shall give an undertaking to the

following effect.

i) that he does not have sufficient marketing arrangements in respect of the specified

terriority or set of items to participate in Central Government / DGS&D purchases.

ii) That he will accept the responsibility for the satisfactory execution of orders placed on

the authorized agents/distributors.

iii) That he will provide requisite inspection and testing facilities at his works in respect of

orders placed on authorized agents / distributors.

iv) The authorized agents/distributors price will not exceed that which the manufacturer

would have quoted.

Read and Accepted

Signature of the Tenderer

v) Inspection challan authorized by the agents would be accompanied by a certificate from

the manufacturer that the stores covered under the challan have been manufacturered by them

and the stores offered and supplied would bear the trade mark of the manufacturers.

The authorized agents/distributors would also give an undertaking in such cases as follows .

(i) that he will be responsible for all the contractual obligations including quality

aspects,replacement of parts / items and Warranty/Guarantee obligations.

(ii) that he will be responsible for after-sale-service