INSTRUCTIONS TO TENDERERS FOR...

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INSTRUCTIONS TO TENDERERS FOR E-TENDERS

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

Board, Rail Bhawan, New Delhi-110 001 (hereinafter referred to as the Purchaser) invites electronic tenders for the supply of items as set forth in the Notice Inviting Tender and Item Details page attached with each electronic tender Financial Rate Page Screen. The Contract, if placed, shall be governed by (i) the latest version of IRS Terms and Conditions of Contract, (ii) Instructions to tenderers for e-tenders (iii) General Tender Conditions and (iv) Special Conditions of Contract, which are available at the respective links on the Indian Railway e-procurement site www.ireps.gov.in.

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

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

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

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

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

submitting a Bank Draft drawn on any Nationalized Bank in favour of the FA&CAO of any of the 16 Zonal Railways payable at their respective headquarters or by cash deposit to them. Scanned copy of the receipt in support of depositing the tender cost may be uploaded with the e-bid. The original receipt should be submitted personally or sent through Registered Post/ Speed Post to Executive Director Railway Stores (S), Railway Board, Rail Bhawan, New Delhi-110 001 duly indicating the Name of Tenderer, Tender No. and Due date on the reverse of the receipt. They should also superscribe Cost of Tender Document for Electronic Tender No. 2014IS184 and Closing Date 10.07.2014 and time 14.30 hours on the envelope.

(ii) Exemption from payment of Tender Cost:

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

2.2 Any manual offers found enclosed in the envelopes containing

instruments/documents towards payment of Tender Cost will be treated as invalid offers and will not be considered.

2.3 E-Tender documents consist of:

(a) Instructions to Tenderers for E-Tenders, (b) General Tender Conditions (c) IRS Conditions of Contract (d) Special Tender Conditions (if any) (e) Techno-commercial offer form including attachments (if any) (f) Financial Offer Form.

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

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

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

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

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

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

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

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

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

forwarding charges, Excise Duty, Educational Cess, Sales Tax/VAT applicable for each unit tendered.

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

the offer. Discounts not shown at designated place will be summarily ignored for assigning inter-se ranking of offers. Conditional discount will not be considered for

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adjudging the inter-se position i.e. rate quoted without any conditions attached (viz. Discount/ Rebates having linkages to quantity, payment, Inspection agency, destination, delivery place etc.) will only be considered for evaluation purpose. In other words, discounted rates linked to quantities, prompt payment etc. will be ignored for determining inter-se position. Purchaser, however reserves the right to use the discounted rate/ rates considered workable and appropriate, for counter offer to the successful tenderers.

3.6 Firm should accept all IRS conditions of contract. Any condition not in conformity with

IRS conditions of Contract should be avoided. 3.7 Deliveries are to be made preferably by Road transport. 3.8 Makers name and address and Brand of the stores offered must be stated, if required,

as per drawing/ specification. Otherwise offers are liable to be rejected. 3.9 Offers should be valid for 150 days after closing date of tender. Any offer having lesser

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

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

3.12 The Tenderers are required to quote in the same units (MTs, KMs etc.) as given in the

tender schedule. Any deviation in this aspect will make the offer to be summarily ignored.

3.13 Tenderers are advised to quote for minimum 50% of the Tender quantity, failing which

their offers shall be liable to be ignored. 4.0 Drawings and Specifications: 4.1 Unless Drawings and Specifications as mentioned in the tender schedule are provided

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

4.2 If any tenderer happens to quote with his own Drawing No/Part No/Specification, then,

he shall have to necessarily submit all the requisite documents and information in support of his offer being in conformity with the tendered Drawing/Specification. Furthermore, such drawings/specifications/catalogue are also to be uploaded, failing which the offer will be liable to be rejected.

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

Scanned copy of the following documents should be uploaded along with the e-Bid:

(a) Offer Form (as per Annexure A).

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(b) Statement of deviations from Standard Specification (as per Annexure C) and Statement of deviations from Standard Terms & Conditions of the tender (as per Annexure D).

(c) Performance Statement (as per Annexure E).

(d) Details of Machinery and Plant, other equipments, testing facilities, quality management/control systems and details of technical manpower available (as per Annexure F).

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

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

(f) Road freight charges in ` per MT per KM for different distance slabs.

5.1 Compliance to Special Conditions/ Checklist for Vendor: Vendors are advised to complete the Compliance to special tender condition/Checklist

with each offer specifically stating yes or no against each special condition/checklist. In the case of a no they must fill reason for not agreeing with that special condition/checklist in the appropriate box.

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

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

6.2 Tenderers must look out for NIT for as soon as it is available in IREPS website and

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

6.3 Only bids received in the Electronic tender box available on the Web Site

www.ireps.gov.in will be considered. 6.4 The e-procurement system does not permit submission of any offer after the closing date

and time of that e-Tender. Hence, there is no scope of any Late/Delayed offers in the online bidding process.

7.0 Tender Opening

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7.1 Electronic tender boxes will be opened only after stipulated closing date and time of the tender as shown on the IREPS Website.

7.2 E-Tender boxes will be opened by minimum two authorized Railway officials using their

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

7.3 Vendor shall not be required to be present in the Railway Board office for any e-Tender

opening process. They can obtain totally transparent bid tabulation statement by logging on to the IREPS website after tender opening.

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

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

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

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

7.6 The Purchaser or any officer authorized on behalf of the Purchaser does not bind

himself to accept the lowest or any other offer and reserves the right to cancel, reduce or divide the contract on more than one source without assigning any reason for such action.

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

equal to 2% of the aggregate value of e-tender, whichever is less. The earnest money is required to be deposited with EDRS(S) Railway Board in the form of Bank Guarantee or with FA & CAO of any of the 16 Zonal Railways towards Earnest Money, in the form of:

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

Commercial Bank of India, or (b) Fixed Deposit Receipts or Call Deposit Receipts of the Scheduled Bank of India

approved by Reserve Bank of India or (c) Pay order or Demand Drafts or Guarantee Bond executed by the State Bank of

India or by a scheduled bank duly stamped and approved by the Reserve Bank of India in terms of Government of India Bank Guarantee scheme.

Earnest Money may be paid manually (i.e. offline) as indicated under para (2.0) for tender cost before the closing date and time of the e-tender.

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

depositing earnest money:

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

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

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

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

EMD will be refunded to the successful tenderers on receipt of security money. EMD will also be refunded to unsuccessful tenderers after finalization of tenders.

8.3 Forfeiture of Earnest Money:

The Purchaser shall have the right to forfeit the Earnest Money Deposit if the tenderer withdraws or revises his offer within its validity period.

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

paid shall be refunded to the tenderer. 9.0 Security Deposit: 9.1 The Security Deposit (SD)/Performance Guarantee shall be taken from all firms for

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

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

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

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

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

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

9.4 The amount of SD to be taken, wherever applicable, will be 10% of the total value of

contract subject to upper ceiling of ` 10 lakh for contracts valuing up to ` 10 crore &

ceiling of ` 20 lakhs for contract valuing above ` 10 crore. 9.5 Security deposit should remain valid for a minimum period of 60 days beyond the date of

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

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

(a) Deposit in Cash (b) Government Securities to be valued at 5% below the market value. (c) Deposit receipt of any Nationalized Bank. (d) Guarantee Bonds executed by any Nationalized Bank. (e) Demand Draft of any Nationalized Bank. (f) A deposit in Post Office Savings Bank. (g) National Savings Certificate. (h) Defence Deposits. (i) National Defence Bond.

9.7 Firms are advised to ensure that address furnished by them for getting digital

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

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GENERAL TENDER CONDITIONS 1. Technical Information

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

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

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

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

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

2. Eligibility Criteria:

Bulk purchase will be made only from those firms, who are

(i) Established, reliable, indigenous main producers of Steel having Integrated Steel

Plants which includes in-house iron making followed by production of liquid steel and crude steel with in-house rolling or

(ii) Sources holding valid BIS licence for re-rolling specific to tendered items to

tendered specification. (iii) For any source to qualify as established source for supply of Mild Steel

Structurals falling under any of the three categories, viz., Z Section, Angles and Channels against any of the condition (i) or (ii) above, they must have supplied at least 20% of the tendered quantity of the specific category against Railway Boards contracts during last three financial years and current year of tender opening.

(iv) Offers from tenderers having ISPs or holding valid BIS licence for specific items

but who have not supplied the tendered items of particular specification, grade and/or quality against Railway Board Contract in the past as stipulated in (iii) above, may be considered for educational/developmental order if found deserving otherwise.

NB: (a) The tenderers are requested to furnish necessary documentary evidence of their

being Integrated Steel Plants of the type as stated above or their being BIS licence holder to facilitate evaluation of the offers.

(b) Firms holding valid BIS licence for re-rolling these items will also be required to procure Billets/Blooms for re-rolling the items against this tender from any ISP and will submit the necessary documentary evidence in support of the same to the Inspecting Authority at the time of inspection. Endorsement to this effect will be made by Inspecting Officer on Inspection Certificate.

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3. Preparation of Tender:

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

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

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

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

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

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

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

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

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

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

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

(ii) In case of partnership firms, where no authority to refer disputes concerning on

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

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

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

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

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

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

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4. Opening of Tender: 4.1 Electronic tender boxes will be opened only after stipulated closing date and time of the

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

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

4.3 Vendor shall not be required to be present in the Railway Board office for any e-Tender

opening process. They can obtain totally transparent bid tabulation statement by logging on to the IREPS website after tender opening.

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

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

5. Prices:

5.1 Prices quoted shall be the net prices per unit and inclusive of packing, delivery charges

and charges for spreading of the material, all tests and examination for purposes of independent inspection by the Purchasers representatives. The price must be clearly shown in figures and words.

5.2 If it is decided to ask for excise duty or any other charges as extra. The same must be

specifically stated. In the absence of any such stipulation it will be presumed that the prices include all such charges and no claim for the same will be entertained.

5.3 In States where Value Added Tax (VAT) regime has come into force, VAT would be

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

5.4 The Purchaser shall, however, not be responsible for the payment of sales tax or any

other tax/duties made by the Contractor under misapprehension of law. 5.5 The price quoted by the tenderers should take into account the credit availed on inputs

under the CENVAT scheme introduced with effect from 2004. The tenderers should give a declaration that any set offs in respect of duties on inputs as admissible under law is being totally and unconditionally passed on to the Purchaser in the prices quoted by them. In case such a declaration is not furnished it will be assumed that any set-offs in respect of duties on inputs as admissible under law is being totally and unconditionally passed on to the Purchaser in price quoted by him and also that the tenderer agrees to pass on such additional duties as set offs as may become available in future in respect of all the inputs used in the manufacture of the final product on the date of supply under

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the CENVAT scheme by way of reduction in prices and advise the Purchaser accordingly.

5.6 In the event of additional CENVAT credit being extended by the Government of India to

cover items ordered against present tender, the firm shall advise the Purchaser about the additional benefits accrued and claim the net payable amount after adjusting the credit availed on input material from the paying authority. They shall also certify:

We hereby declare that we have availed additional duty set off as per

latest CENVAT scheme in force and we hereby give a reduction of ______________per ton and have accordingly claimed payment. The current Excise Duty of ___________is payable on this reduced price.

5.7 Tenderers are advised to indicate the road freight in the following format along

with PVC based on the price of Diesel. However, movement by road would be allowed by purchaser in case of exigencies & urgency. The distance shall be the shortest one reckoned as per Railway Time Table: Distance Slabs Unit Rate per Ton per km. (`) Upto 300 Kms. 301 to 600 Kms. 601 to 1000 Kms. 1001 and above. For calculation of distance between two destinations shortest rail distance for movement of rail traffic (freight) between them will be taken. RUR = BR + BR (0.3 (RDP ODP) )

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

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

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indicate the road freight on per MT per KM basis for delivery by road to these consignees.

5.9 In case for any particular reason, they want to quote on ex-works basis, they should

indicate the difference between the ex-works offer and station of dispatch offer, failing which their offer is likely to be ignored.

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

individual items/sizes on F.O.R. station of dispatch basis. 6. Cartel formation:

a) Wherever all or most of the (approved) firms quote equal rates and cartel

formation is suspected, Railways reserve the right to place order on one or more firms with exclusion of the rest without assigning any reasons thereof.

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

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

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

deleted from list of approved sources. 7. Criteria for distribution of quantities:

Quantity allocation against regular order

(i) The Purchaser reserves the right to distribute the procurable quantity on one or more of the eligible tenderers. Zone of consideration of such eligible tenderers will be the right of the Purchaser.

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

Price differential between L1 and L2

Quantity distribution ratio between L1 and L2

Upto 3% 60:40 More than 3% and upto 5%

65:35

More than 5% At least 65% on the L1 tenderer.

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(b) If splitting of quantity is required to be done by ordering on tenders higher than the L2 tenderers, then the quantity distribution proportion amongst the tenderers will be decided by transparent/logical/equity based extrapolation of the model as indicated in Para (ii) (a) above.

(c) The purchaser reserves the right to counter offer the lowest

acceptable rate for bulk ordering to the higher tenderer(s). In the event of rejection of such counter offer(s), the purchaser will reserve their right to decide on the quantity distribution ratio/proportion.

(iii) The rate of the highest eligible tenderers within the zone of consideration

has to be, per se, reasonable to the Purchaser.

(iv) In the cases of inadequate capacity-cum-capability, dissatisfactory past performance, large quantity of outstanding orders (liquidation of which will take very long time) etc, the Purchaser shall have the right to distribute the procurable quantity amongst tenderers with due consideration to these constraints and in such a manner as would ensure timely supply of materials in requisite quantity to meet the needs of operation, maintenance, safety etc. of the Railways, regardless of inter-se ranking of the tenderers and in a fair and transparent manner with due conformity to the Principle of Natural Justice and Equity.

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

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

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

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

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

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

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

Illustration:

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

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8.6 The Tenderers should indicate a specific quantity of minimum supplies per month. If a range is indicated say 1000-2000 MTs per month, then the average i.e. 1500 MTs will be taken as the minimum monthly rate of supplies offered and the delivery period calculated accordingly.

8.7 Tenderers should declare that exact quantity of suitable raw material held in stock for the manufacture of the stores described in the schedule.

8.8 Firms holding contracts for this item against Railway Boards or Railways orders should

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

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

materials or with assistance of raw materials by the Purchaser. 9. Bid Guarantee:

9.1 Bid guarantee in the proforma enclosed as Annexure G for an amount equal to 2% of

the estimated tender value subject to upper limit of ` 10 lakhs, shall be furnished from nationalized bank/scheduled Indian Bank, acceptable to the purchaser. All bidders should note that offers, which are not accompanied by bid bond, shall be summarily rejected.

9.2 Bid Guarantee should remain valid for a period of 45 days beyond the final bid validity

period. 9.3 If the validity of the offer is extended the Earnest Money Deposit/Bank Guarantee duly

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

9.4 No interest will be payable by the purchaser on the Earnest Money/bid guarantee. 9.5 The Earnest Money/Bid guarantee deposited is liable to be forfeited if the tenderer

withdraws or amends, impairs or derogates from the tender in any respect within the period of validity of his offer.

9.6 The Earnest Money of the successful tenderer will be returned after the contract

Performance Guarantee as required is furnished and formal contract duly signed is received by the purchaser.

9.7 If the successful tenderer fails to furnish a contract performance guarantee and fails to

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

9.8 The Earnest Money of all unsuccessful tenderers will be returned by the purchaser

within 30 days after issue of acceptance to the successful tenderers without any interest. 9.9 Bank Guarantees (BGs) to be submitted by supplier/contractors should be sent directly

to the concerned authorities by the issuing Bank under Regd/A.D. 10. PERFORMANCE GUARANTEE BOND/Security Deposit:

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10.1 On acceptance of the offer, the Seller shall furnish a performance guarantee bond, in the

proforma, attached (Annexure H) from a nationalized bank/scheduled Indian Bank within 15 days from the receipt of the letter of acceptance of the tender by the Seller or the execution of the contract, whichever is earlier, for an amount equivalent to 10% of the total value of the contract subject to upper ceiling of ` 10 lakh for contracts valuing up

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

10.2 The Performance Guarantee Bond shall remain in full force and effect during the period

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

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

of the receipt of such on amendment furnish to the Purchaser an Amendment to the Performance Guarantee Bond rendering the same valid for the contract as amended.

10.4 This Performance Guarantee Bond and/or any amendment thereto shall be executed on

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

10.5 P.G. Bond/S.D should remain valid for a minimum period of 60 (sixty) days) beyond the

date of completion of Contractual obligation of the supplier. 11. Printed conditions of supply: Printed conditions for supply of goods on the letter or on

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

12. Packing: Attention is drawn to clause 1800 of the IRS Conditions of Contract. Relevant

clause of specification as specified shall be fully complied with.

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13. Mills Test Certificate: Mills Test Certificate at Sellers cost showing physical composition and chemical properties are required along with the supplies.

14. Performance Statement: Firm must fill in the enclosed performance statement at

Annexure E. The tenders are liable to be ignored if the statement is not duly filled in along with the tender. They should also submit a proforma for equipment and quality control as per Annexure F.

15. Tenderers should indicate the names and address of their bankers. 16. Transit Insurance: The purchaser will not pay separately for transit insurance and the

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

17. Price Preference for earlier delivery:

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

18. Right of acceptance:

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

19. Supply Tolerance:

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

20. Marking:

The marking on all goods supplied shall comply with the requirements of the Indian Acts relating to the merchandise or any amendment thereof and of the rules made under such acts and the Seller shall be responsible for the proper and sufficient marking of the goods so as to be in compliance with the requirements of the said Acts. Requirements given in the relevant specifications shall be fully complied with. Attention is also drawn to Clause 1302 of IRS Conditions of contract.

21. Option to increase/decrease the ordered quantity:

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

22. Place of manufacturing:

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

23. Inspection of Stores:

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

24. Payment Terms:

(i) For dispatches by road to Zonal Railways

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

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

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

a) 100% of the value of the invoice will be made against inspection

certificate and receipt documents issued by authorized representative of Wagon/Coach manufacturers certifying that the material has been received and accepted in good condition.

(iii) For dispatches by rail to Zonal Railways:

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

certificate and dispatch documents, i.e., unqualified RR.

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

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(iv) For dispatches by rail to Wagon/Coach manufacturers: a) 98% of the value of the invoice will be made against inspection

certificate and dispatch documents, i.e., unqualified RR.

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

25. General:

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

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

26. Communication of acceptance:

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

27. This tender is not transferable. Enclosures: 1. IRS CONDITIONS OF CONTRACT 2. Offer form and schedule of requirements.

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ANNEXURE-A

OFFER FORM FOR E-TENDER NO.2014IS184 The President of India, Through The Executive Director, Railways Stores(S), Ministry of Railways, (Railway Board). New Delhi-ll0001.

We, M/s..,

hereby certify that we are established firm for manufacture of steel having Integrated Steel Plants with factories at.., which are fitted with modern equipment and where the production methods, quality control and testing of all material manufactured or used by us are open to inspection by the representatives of Indian Railways. 2. We, hereby offer to supply to the President of India, Mild Steel Sheets/Plates to the description, Specification (latest revision) and sizes at the prices indicated at Annexure B. The price indicated are inclusive of all charges for spreading of materials, all tests and examination for purpose of independent inspection by the purchaser representatives, within the stipulated delivery period. The quoted prices are exclusive of Excise Duty, Sales Tax and Freight. The present rate of Excise duty is ______%, which shall be charged extra. Sales tax, CST/ VAT at _____% shall also be charged extra. 3. We can supply material to the following dimensions and the same are applicable to the price quotation. Cross Section (in mm.) Length upto (in meters) Z Section Equal Angles: Unequal Angles: Channels: 4. We hereby declare that in quoting the prices, we have taken into account the entire credit on inputs available under the CENVAT scheme introduced with effect from 2004. 5. We further agree to pass on such additional duties as set offs as may become available in future in respect of all the inputs used in the manufacture of the final product on the date of supply under the CENVAT Scheme by way of reduction of prices and advise the Purchaser accordingly. 5.1. Bills submitted for claiming payments for stores delivered will contain the following clause:

We certify that no additional duty set-offs on the goods supplied by us have accrued under the CENVAT Scheme in force on the date of supply after we submitted our quotations and submitted the present bill.

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6. Period of delivery:- 6.1 Delivery of stores ordered will commence within___________________(indicate specific

period) after placement of order. 6.2 The minimum rate of supplies per month will be____________tonnes. 7. Terms of delivery: The quoted prices are FOR station of dispatch. 8. The name and address of our bankers is given below:- 9. We hereby undertake to:-

(a) abide by the terms and conditions as stipulated in the IRS conditions of Contract, Invitation to Tender and Instructions to Tenderers, incorporated in your tender enquiry.

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

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

(c) Keep this OFFER OPEN FOR A MINIMUM PERIOD OF 150 DAYS from

the date of opening of the Tender.

10. We enclose the following statements/documents:-

1. Statement of deviations from standard specifications (Annexure C)

2. Statement of deviations from standard terms & conditions of the tender (Annexure D)

3. Performance Statement (Annexure E)

4. Proforma for equipment and quality Control (Annexure F).

5. Proforma Bank Guarantee for Bid Guarantee (Annexure G)

6. Proforma for Performance Guarantee Bond (Annexure H)

7. Copy of Partnership deed of the firm or General Power of Attorney, (in either case duly attested by Notary Public) and particulars of Sole Proprietorship, if applicable.

8. Road freight charges as per clause 5.7 of General Tender Condition.

Signature For and on behalf of.

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ANNEXURE-B Page 1

SCHEDULE OF REQUIREMENTS

(Mild Steel Structurals)

The requirements of Mild Steel Structural represent the demand of the consignees spread all over the country viz. Railway Workshops, Production Units, Wagon and Coach Builders. 2. The quantities indicated in the schedule of requirements enclosed are provisional and subject to change upwards or downwards due to addition/deletion of items or increase /decrease of quantities. 3. If any space is left blank in the space provided for quoting price, it shall be presumed that the tenderer is not quoting for that item and no correspondence shall be entertained in this regard later on, on any ground whatsoever. 4. The exact length of the material shall be indicated at the time of placement of Supply Order by Director Railway Stores (I&S), Railway Board, Kolkata.

---------

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ANNEXURE-B Page 2

SCHEDULE OF REQUIREMENTS

MILD STEEL STRUCTURAL S. No.

ITEM

SIZE (in mm.) Specification (IS)

Qty. (in MTs.)

1. Z Section 327 x 174 x 101.5, other dimensions as per RDSOs Drawing No. SK-121-62651, Alt.2.

IS:2062:2011 E250 A Cu 1547

2. Angle ISA 50x50x6 IS:2062:2011 E250 A Cu 15153. Angle ISA 65x65x6/8/10 IS:2062:2011 E250 A Cu 7714. Angle ISA 75x75x6/8/10 IS:2062:2011 E250 A Cu 22905. Angle ISA 75x75x6/8/10 IS:2062:2011 E250 BO 4406. Angle ISA 90x90x8/10/12 IS:2062:2011 E250 A Cu 5907. Angle ISA 100x100x8/10/12 IS:2062:2011 E250 A Cu 17408. Angle ISA 100x100x8/10/12 IS:2062:2011 E250 BO 5709. Angle ISA 130x130x10/12 IS:2062:2011 E250 BO 19010. Angle ISA 150x150x10/12/16 IS:2062:2011 E250 A Cu 47211. Angle ISA 150x75x8/10/12 IS:2062:2011 E250 A Cu 28712. Angle ISA 150x115x10/12 IS:2062:2011 E250 A Cu 15013. Channel ISMC 75x40 IS:2062:2011 E250 A Cu 15014. Channel ISMC 100x50 IS:2062:2011 E250 A Cu 414015. Channel ISMC 125x65/66 IS:2062:2011 E250 A Cu 34916. Channel ISMC 150x75/76 IS:2062:2011 E250 A Cu 95417. Channel ISMC 200x75/76 IS:2062:2011 E250 A Cu 43118. Channel ISMC 250x82 IS:2062:2011 E250 A Cu 130119. Channel ISMC 300x90/92 IS:2062:2011 E250 A Cu 71220. Channel ISMC 300x90/92 IS:2062:2011 E250 BO 27921. Channel ISMC 400x100 IS:2062:2011 E250 A Cu 66522. Channel ISMC 400x100 IS:2062:2011 E250 BO 690Grand Total 20233

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ANNEXURE -C

STATEMENT OF DEVIATIONS FROM STANDARD SPECIFICATIONS TENDER NO. DATE. NAME OF TENDERER:.. Item No. Description Particulars of deviations Remarks

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ANNEXURE-D

STATEMENT OF DEVIATIONS FROM STANDARD TERMS AND CONDITIONS OF THE TENDER

TENDER NO. DATE.. NAME OF TENDERER:..INDIAN RAILWAYS S.No. Reference to terms and Deviations in the offer Remarks Conditions of Tender

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ANNEXURE-E

PERFORMANCE STATEMENT

Tender No. Date. S.N.

Order placed by

Order No & date

Quantity Value of order

Date of completion of delivery

Remarks indicating reasons for late delivery

1 2 3 4 4 6 7 Note: Only items quoted for should be included in this Statement. Orders for similar items should be entered separately, if required.

Signature of the Tenderer..

Name and address of the firm.

Name and address of Bankers:-

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ANNEXURE-F

PROFORMA FOR EQUIPMENT AND QUALITY CONTROL Tender No.Date--------------------------- Name of the firm.. (Note: All details required only for the items tendered.) 1. Name & address of the firm: 2. Telephone No. Office/Factory/Works: 2.1. Telegraphic address: 3. Location of the Manufacturing Factory: 4. Details of Plant and Machinery executed and function in each Department Monographs &

description pamphlets) be supplied, if available

5. Whether the process of manufacture in the factory is carried out with the aid of power or without it.

6. Details and stocks of raw material held. 7. Production capacity of item (s) quoted for, with the existing plant and machinery. 7.1 Normal: 7.2 Maximum: 8. Details of arrangement for quality control of products such as laboratory, etc. 9. Details of Technical Supervisory staff-in-charge of production and quality control.

9.1 Skilled labour employed.

9.2 Unskilled labour employed: 9.3 Maximum number of workers (skilled & unskilled) employed on any day during the

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

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

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

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

Signature of Tenderer

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ANNEXURE -G

PROFORMA BANK GUARANTEE FOR BID GUARANTEE (ON BANKS LETTER-HEAD WITH ADHESIVE STAMP)

Ref.. Dated Bank Guarantee No._____________ To

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

Dear Sir,

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

1. 2.

3. 4.

5. 6.

wish to participate in the said tender for the supply. As a Bank Guarantee against Bid Guarantee for a sum of .(in words & figures) valid for (195) one hundred and ninety five days from .required to be submitted by the tenderer as a condition for the participation, this Bank hereby guarantees and undertakes during the above said period of (195) one hundred and ninety five days to immediately pay, on demand by the Executive Director, Railway Stores (S), Ministry of Railways (Railway Board), New Delhi 110001, in writing the amount of . ..(in words & figures) to the said Executive Director, Railway Stores (S), Ministry of Railways (Railway Board), New Delhi 110001, and without any reservation and recourse if :-

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

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

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b. The tenderer withdraws the said bid within 150 days after opening of bid; or

c. The tender having not withdrawn the bid, fails to execute the

contractual documents within the period provided in the contract; or

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

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

Signature.. Place: Printed Name . (Designation) Witness

(Banks Common Seal)

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ANNEXURE-H PROFORMA FOR PERFORMANCE GUARANTEE BOND

To

The President of India,

In consideration of the President of India (hereinafter called The Government) having

agreed to exempt (hereinafter called The said contractor(s) from the demand under the terms and conditions of an Agreement dated .made between .and for ..(herein after called The said Agreement) of security deposit for the due fulfillments by the said Contractor (s) of the terms and conditions contained in the said Agreement, on production of a Bank Guarantee for Rs.(Rupees.only), we, . (hereinafter referred to as The Bank) at the (indicate the name of the bank)

request of contractor (s) do hereby undertake to pay to the Government an amount not exceeding Rs..against any loss or damage caused to or suffered or would be caused to or suffered by the Government by reason of any breach by the said contractor (s) of any of the terms or conditions contained in the said Agreement.

2. We, .do hereby undertake to pay the

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

3. We undertake to pay to the Government any money so demanded notwithstanding any dispute or disputes raised by the Contractor (s) / Supplier (s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal.

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

4. We further agree that the guarantee herein contained,

(Indicate the name of Bank) shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till.. (Office/Department), Ministry of .certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Contractor (s) and accordingly discharges the

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Guarantee. Unless a demand or claim under this Guarantee is made on us in writing on or before the , we shall be discharged from all liability under this Guarantee thereafter.

5. We. .further agree with the Government that the (Indicate the name of Bank)

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

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

or the Contractor (s) / Supplier (s).

7. We..., lastly undertake not to revoke this Guarantee (indicate the name of Bank) herein during its currency except with the previous consent of the Government writing. Dated the day of2014.

For (indicate the name of bank)

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