INVITATION TO TENDER  

 GOVERNMENT OF INDIA (BHARAT SARKAR) MINISTRY OF RAILWAYS (RAIL MANTRALAYA)

(RAILWAY BOARD)  

No.RS(POL)/ 58/0506/2013 dated: 31.05.2012  

To M/s _________________________, _________________________, _________________________.  

  On behalf of the purchaser viz. President of India, Bids are invited (in the enclosed offer-form) for the supply of the stores detailed in the schedule to tender attached.

2. The conditions of contract which will govern any contract made under this tender will be as follows (attached): -

i) Indian Railways standard conditions of contract as amended to date. ii) Instructions to tenderers attached. iii) Conditions in the Schedule to tender. iv) Special conditions to this invitation to tender (Annexure I) attached &/or conditions

agreed mutually.

3. If you are in a position to quote for supply in accordance with the requirements stated in attached schedule to tender, you may submit your offer, duly signed and complete in all respects. A list of questions attached should be answered and returned with the tender.

4. Your tender should be submitted in duplicate in the prescribed form and should be addressed to the Director, Railway Stores (POL), Ministry of Railways, Railway. Board, Room No.156/15, Rail Bhavan, New Delhi - 110001. This tender is not transferable.

5. Appendices ‘A’ to ‘I’, may also be read carefully & complied.

(Suresh Menghnani)

Director, Railway Stores (POL) Railway Board.

For & on behalf of the President of India

OFFER-FORM

Tender No. RS (POL)/58/0506/2013

From:

_________________________ Telegraphic Address _________________________ Telephone Nos.: _________________________ (Works)_____________________ (Res.)_______________________ (Mobile)_____________________

FAX No._______________________

To DIRECTOR RAILWAY. STORES (POL) RAILWAY BOARD, ROOM NO.156 / 15, RAIL BHAVAN, NEW DELHI-110001 Dear Sirs,

1. I/We hereby offer to supply the stores detailed in the schedule hereto or such portion there-of as you specify in the acceptance of tender at the price given in the said schedule.

2. I/We agree to keep our offer valid for acceptance for a period of 150 days from the date of opening and shall be bound by a communication of acceptance despatched within the prescribed time.

3. I/we have read and understood the instructions to tenderers, IRS conditions of contracts as amended to date and conditions in the schedule to tender and have also thoroughly examined the relevant specifications and are fully aware of the nature of the stores required and undertake to supply the stores strictly in accordance with the requirements.

Yours faithfully,

(Signature of Tenderer)

Date_________________ Name(in Block letters:)______________________________ Capacity in which tender is signed_____________________ Address of firm in full: M/s __________________________

__________________________ Signature of witness Name and address

__________________________

Schedule to Tender

Price per set: 2000/-

GOVERNMENT OF INDIA (BHARAT SARKAR) MINISTRY OF RAILWAYS (RAIL MANTRALAYA)

(RAILWAY BOARD)

SCHEDULE OF ADV. TENDER NO.

TIME & DATE OF RECEIPT OF TENDER

RS(POL)/58/0506/2013

14.30 Hrs. ON 17.07.2012

OFFER SHALL REMAIN OPEN FOR ACCEPTANCE UPTO

TIME & DATE OF OPENING OF TENDER

13.12.2012

15.00 Hrs. ON 17.07.2012

RATES ( ` PER KG ) ITEM NO. OF TENDER

DESCRIPTION OF STORES QUANTITY (MTs)

(Approx.) IN

FIGURES IN

WORDS (1) (2) (3) (4) (5)

1.

2.

Branded greases conforming to relevant specifications for the following brands/types of grades of products or equivalent brands/grades as approved by RDSO for regular and unrestricted use: SERVOGEM RR-3 (IOC) BALMEROL MULTI-GREASE ‘LL-3’ (BL & CO.)/ MAK RR GREASE – 3 (BPC) Conforming to RDSO specification No.WD-17-misc.-92 (eff. Jan 1993) SERVOCOAT 170-T (IOC)/BALMEROL BLUE COAT –‘3’ (BL & CO.)/ MAK CAMEX COMPOUND-(G) (BPC)

1730.00 MTs

2484.00 MTs

Contd…1A/-

-1A-

NB:

1. Brands which are approved by RDSO are only eligible for consideration.

2. Supplies required in packed condition (200/210 Kgs. drums or approx180/200 Kgs. capacity drums.)

3. Price should be quoted both in words as well as in figures. Any ambiguity may result in the offer liable to be ignored.

4. Please refer to IRS Conditions of Contract & Instructions to Tenderers attached.

5. Tender is not transferable

6. It is a multi item tender. Offer value for individual item will be criteria to evaluate inter-se-ranking of tenderers.

7. Estimated quantity required in each Railway(Zonal Railway/PU) is given in Annexure-II.

-------------

TABLE- ‘A’

(please fill up Table ‘A’ carefully)

1. Delivery terms(F.O.R –destination)

2. Discount, if offered

3. Is sales tax/VAT extra@

4. If so, indicate rate and nature of Sales Tax/VAT and credit on inputs @

5. Is excise duty inclusive/exclusive@ :

6. Indicate the rate of Excise Duty along with assessable value :

7. DELIVERY PERIOD

(See clause No.4 of “Special Conditions of Tender”)

Stores are required on Running-Contract basis during the period from 01.01.2013 to 31.12.2013.

8. After placement of contract the delivery will commence within

__________months

9. Monthly rate of supply MTs per month

10. After placement of contract the delivery will be completed within

________months

11. Payment Terms*

12. Whether earnest money deposited (If no, reasons)

(See clause No. 14 of “Instructions to tenderers”)

Contd... TABLE ‘A’

-2-

13. Whether ready to deposit Security money. (If no, reasons)

(See clause No. 16 of “Instrctions to tenderers ”)

* IRS conditions may please be referred, read with clause 9 of Special Conditions of Tender. .

@In case ST/ED/VAT is quoted extra but with the provision that it will be charged as applicable at the time of supply; the offer shall be evaluated for comparison purpose by loading maximum existing rate of ED&Sales Tax/VAT for the product.

(Signature of Tenderer)

Date_________________ Name in Block letters:______________________________

Capacity in which tender is

signed_____________________

Address of firm in full: M/s.______________________

________________________

________________________

Signature of witness

Name and address

___________________________

___________________________

___________________________

INSTRUCTIONS TO TENDERERS

1. General Instructions:

1.1 On behalf of President of India, Ministry of Railways, (Rail Mantralaya), (Railway Board), New Delhi, India (hereafter referred to as the Purchaser), invites tender from established and reliable manufacturer for the supply as set forth in the “Schedule of requirements”

1.2 All offers should be submitted before the time and date fixed for the receipt of offers as set forth in the tender papers. Offers received after the stipulated time and date, are liable to be rejected.

1.3 All information in the offer must be in English. Information in any other language must be accompanied by its authenticated translation in English; failure to comply with this may render the offer liable to be rejected. In the event of any discrepancy between an offer in a language other than English and its English translation, the English translation will prevail.

2. Stores are required at: Various consignees of Railways spread all over India.

3. Indentor: Various indentors of Indian Railways.

4. Method of Purchase

To conclude Running Contract by inviting offer through ‘Advertised Tender’.

5. Qualifying Requirements Of Tenderers

5.1 The tenderer shall provide a satisfactory evidence acceptable to the Purchaser to show that

(a) he is an RDSO approved vendor for the items offered and has adequate technical knowledge and practical experience;

(b) he has adequate financial stability and status to meet the obligations under the contract for which he is required to submit report from a recognised Bank or a financial institution;

(c) There is an established quality control system and organisation to ensure adequate control at all stages of manufacturing process.

5.2 For purpose of para-5.1, the tenderers should additionally submit :-

(a) a statement indicating details of production capacity & equipment employed and quality control measures adopted as in Appendix-C, D & G.

5.3 In addition to above, further information regarding his capacity/capability, if required by the Purchaser shall promptly furnished by the tenderer.

.....2/-

-2-

5.4 Tenderer not submitting the requisite information may note that his offer is liable to be ignored.

6. Time Schedule

6.1 The basic consideration and the essence of the contract shall be the strict adherence to the time schedule for the supply of item/items offered.

6.2 The time and the date specified in the contract for the delivery of the stores and equipment shall be deemed to be the essence of the contract and the delivery must be completed not later than the date so specified. The attention of the tenderers is invited to clauses regarding liquidated damages and default in the IRS Conditions of Contract by which the contract shall be governed.

6.3 In case of failure on the part of supplier to arrange supplies as per the delivery schedule/ instalments fixed in advance, save force majeure conditions or delays attributable to purchaser, the purchaser reserves the right to levy liquidated damages which shall be levied as under:

Liquidated Damages & not by way of penalty, a sum equivalent to 2% (Two percent) of the price of any stores (including elements of taxes, duties, freight etc.) which the contractor has failed to deliver within the period fixed for delivery in the contract or as extended for each month or part of a month during which the delivery of such stores may be in arrears where delivery thereof is accepted after expiry of the aforesaid period, subject to a maximum of 10% of value of the delayed supplies.

6.4 Upper limit for recovery of liquidated damages in supply contracts will be 10% (TEN PERCENT) of value of delayed supplies irrespective of delays, unless otherwise provided ,specifically in the contract.

7. Right of Acceptance

7.1 The purchaser reserves the right to place order for a part quantity. The purchaser reserves the right to reject any or all the tenders, without assigning any reason whatsoever, and its decision will be final.

7.2 The purchaser may consider for acceptance the alternative specifications duly approved by the competent authority which ensure equal or higher quality than this specification mentioned in the tenders specifications. However, the decision of purchaser in this regard shall be final. In this connection, attention of tenderer is invited to the “Statement of deviations” from tender specifications (Appendix E) which should invariably be filled and submitted along with the offer and further two copies of the alternative specifications offered should be sent along with offer.

…..3/-

-3-

7.3. Split Ordering

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.

(i) 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-à-vis the delivery schedule incorporated in the tender enquiry etc. being same/similar) in the manner detailed in the table below: 

 Price differential between L1 & L2.

Quantity distribution ratio between L1 and L2

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

65:35

More than 5% At least 65% on the L1 tenderer. For the quantity to be ordered on the L2 tenderer, TC/TAA should decide keeping in view conditions laid down below.

(ii) If splitting of quantity is required to be done by ordering on tenderers higher

than theL2 tenderer, then the quantity distribution proportion amongst the tenderers will be decided by transparent/logical/ equity based on extrapolation of the model as indicated in Para (i) above.

(iii) 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.

(iv) The rate of the highest eligible tenderer within the zone of consideration has to be, per-se, reasonable to the Purchaser.

(v) 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.

.... 4/-

-4-

8. Performance Statement

i) All tendering firms who have got orders from Railways or Railway Board or from other govt. agencies should furnish their performance as on the last day of month preceding the date of opening of tenders, (Appendix-’B’) in the proforma, failing which their offer is liable to be ignored.

(ii) Tenderers should also furnish the following particulars in their tenders.

a) Total Quantity and value of the orders received from Railways in the period, three years preceding the month of opening of this tender.

b) Total Quantity and value of quantity supplied in the period mentioned in (a ) above

c) Reasons for non-acceptance of balance quantity.

d) Total Quantity and value of the Quantity supplied in the period mentioned in (a) above.

e) Balance Quantity to be supplied.

f) Reasons for the backlog.

iii) The performance of the firms holding the current RGC will also be considered for the fresh RGC, if otherwise eligible against this tender enquiry.

9. Price

9.1 Tenderers are required to quote price subject to price variation as per the following PV formula:

P1=PQ +0.96x {B01 xEXRATE1X (1 + CUSDUTY 1/100) –

BOQ xEXRATEQ x(1 +CUSDUTY Q/100 } x 0.001

B0 1 & BOQ = 70% of price of SN 500 +30% of price of BS 150

Where

P1= Basic price of finished product applicable for a quarter in ` /Kgs

PQ =Basic price of finished product in the previous quarter in ` /Kgs.

A quarter is defined as Q1 (January-March), Q2 (April-June)

Q3 (July-September) and Q4 (October-December). BS 150 is the same as B/Stk in ICIS LOR

….5/-

-5-

BO1,.CUSDUTY1= International price of base oil SN 500 & BS 150 on FOB Asia (Export) basis in USD/MT as per average ICIS LOR quote for the first 2 weeks of the month preceding the quarter & %age customs duty at that time.

BOQ,.CUSDUTYQ =International price of base oil SN500 & BS 150 on FOB Asia (Export) basis in USD /MT,as per average ICIS LOR quote for the first 2 weeks of the month preceding the previous quarter & % age customs duty at that time.

EXRATE 1,. EXRATE Q Average RBI reference exchange

Re/USD Exchange Rate= Rate in the site (http:/www.rbi.org. in/home.aspx) for the first two Tuesdays of the month (Reference ICIS LOR quotes) preceding the respective quarter. In case rates are not published for the said day, the immediate preceding published figure will be considered MT/KG conversion factor 0.001.

9.2 The prices quoted must be net per kg. and must include all charges e.g. siding & shunting, packing, forwarding and delivery charges etc.

9.3 The tenderers should quote rates on F.O.R Destination basis.

9.4 The purchaser shall, however, not be responsible for the payment of tax or duty made by the supplier under mis-apprehension of law.

9.5 All prices and other information like documents etc., having a bearing on the price shall be written both in figures and words in the prescribed offer - form. It may however be noted that conditional discounts are liable to be ignored for comparison of offers.

9.6 Whenever tender enquiry is for more than one item, the prices must be stated for each item separately.

9.7 The price quoted by the tenderers should take into account the credit availed on inputs under the CENVAT scheme, introduced with effect from 01.04.2000. The tenderer should give a declaration that any set off in respect of duties on inputs (as admissible under law), is being totally and unconditionally passed on to the purchaser, in the prices quote.

….6/-

-6-

9.8 In the event of additional CENVAT credit being extended by the Government of India, to cover items ordered against present tender, the same shall be passed on to the purchaser. The bill for payment should accompany the following certificate:-

a) We hereby declare that no additional CENVAT benefit has accrued to us beyond what has already been taken into account while submitting our offer & incorporated in the rates shown in the contract.

b) We hereby declare that the additional CENVAT benefit of `. ....... per kg has accrued to us beyond what was taken into account while submitting our offer & incorporated in the rates shown in the contract. We are passing on the same to the purchaser & the bill has been prepared accordingly.

10. Taxes and Duties :

The tenderers should quote separately the taxes and duties applicable. The concessional taxes & duties where ever applicable against concessional forms for sale to Government Organisation (Railways) to be specified clearly.

10.1 All the offers shall be evaluated as per tax regime as applicable on the date of tender opening.

11. Octroi Duty, Terminal Taxes & Local taxes

11.1 Normally materials supplied to the government Departments against Government contract(s) are exempted from the levy of town duty, Octroi duty, terminal taxes and the local taxes and duties imposed by the Municipalities, Contonment Board and other Local Bodies. The Municipal/Local Body regulations at times, however, provide for such exemption only on production of an exemption certificate from an authorised officer.

11.2 Contractors should ensure that the stores ordered against contracts placed by this office are exempted from levy of town duty, octroi duty, terminal tax or other local taxes and duties, whenever required, they should obtain the Exemption Certificate from the concerned consignee or indentor to avoid payment of Local Taxes or Duties.

11.3 The purchaser will however not be responsible for the payment of tax or duty made by the supplier under mis-apprehension of law.

11.4 Octroi, if levied, shall be borne by supplier.

…..7/-

-7-

12. Depot charges

12.1 The rates should be quoted inclusive of depot charges.

13. Tender Documents & Submission of Offer

13.1 Tendering firms who have not obtained the tender documents from Board ‘s office and do not submit their quotation on the prescribed tender forms, their offers are liable to be ignored.

13.2 All offers shall be either type written or written neatly in indelible ink.

13.3 Tenderers are required to answer all the questions mentioned in the attached Appendices `A’ to `I’ and should return the same and this schedule along with offer form, duly filled-in and signed.

13.4 All tender documents attached with invitation to tender duly completed and signed are to be returned with your offer, failing which the tender is likely to be treated as incomplete and ignored. Each page of the offer must be numbered consecutively, should bear the tender number and should be signed by the tenderer at the bottom. A reference to the total number of pages conforming the offer must be made at the top right hand corner of the first page.

13.5 In case the tenderer is an agent of a manufacturer, he must clearly indicate the same and also enclose a certificate from manufacturer in this regard. Complete address of the works of the manufacturer where the equipment will be offered for inspection should be indicated in the offer. In such a case, the past performance of the manufacturer should be indicated along with the details of machinery & plant etc. It may please be noted that failure to do so, may result in disqualification of the tender.

13.6 Tenderers must indicate deviation if any from the T/E Specifications in the Proforma Appendix 'E' attached. In case there are no deviations then this should be confirmed specifically. If nothing is added it will be assumed that stores conform to tendered description & specifications in full.

13.7 The original tender is to be enclosed in double cover. The inner cover should be sealed and the tender No., due date and time should be indicated boldly on the envelope. The inner envelope should be placed in another envelope and should be addressed to the officer/office mentioned on the invitation to tender. The tender No. along with due date and time of opening should also be written boldly on the outer envelope. The tender should reach the concerned officer by the due date/time. Only one tender should be sent in one cover.

13.8 All offers in the prescribed tender-forms should be submitted before the time and date fixed for the receipt of offers as set forth in the tender documents. Offers received after the stipulated time & date, are liable to be rejected.

…8/-

-8-

13.9 The offers should remain open for a period of 150 days (incl. the date of opening of tenders). In absence of any mention to the contrary, the offers will be presumed to be valid for the above period. It may be noted that offers will lesser validity may get disqualified.

13.10 In case the day of opening of tender is declared as a Gazetted Holiday, the tenders will be opened on the first working day after the scheduled day of opening of tenders.

13.11 Printed terms and conditions of the tendering firms not appearing in the body of tender shall not be considered as forming part of the tender, unless specifically stated so in the body of the tender. It may clearly be understood that deviations from IRS conditions of contract are neither appreciated nor generally accepted and offers with deviations are liable to be ignored.

14. Earnest Money

14.1 The earnest money deposit (EMD) shall be taken from all Tenderers against advertised tenders subject following exemptions

a) Vendors registered with NSIC upto monetary limits of their registration for the items tendered.

b) Vendors registered with Railways upto the monetary limits 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 lists.

d) Manufacturers and their accredited agents. e) Other Railways, Government Departments.

14.2 The amount of EMD to be taken in advertised tenders, wherever applicable will be 2% of the estimated tender value subject to an upper limit of :

` 5 lakhs for tenders valuing upto ` 10 crores; and ` 10 lakhs for tenders valuing above ` 10 crores.

14.3 The relaxation for deposit of earnest money will also be applicable to Govt. Deptt. For Public Sector Undertakings, the relaxation is as under:

Earnest Money is not required to be deposited by PSUs for the group of items that are manufactured by them, also for PSUs owned by Ministry of Railways & PSUs that are registered with Production Units of Railways, Zonal Railways, CORE/ALD, RDSO or with NSIC. For other PSUs waiver of Earnest Money can be considered in deserving cases.

…..9/-

-9-

14.4 The Earnest Money can be deposited in any one of the following alternative forms:

i) A crossed bank draft or pay order issued by a Nationalised/Scheduled Commercial Bank drawn in favour of FA & CAO/Northern Railway payable at New Delhi.

ii) Bank Guarantee covering the requisite amount from any of the Nationalised/Scheduled Commercial Banks, in the format enclosed at Appendix 'H'.

iii) In cash to FA & CAO of any of the Railways. In such a case, the cash receipt in original should be enclosed with the offer.

14.5 The earnest money shall be valid and remain deposited with the purchaser for the period of 180 days from the date of tender opening. If the validity of the tender is extended, the validity of the Bank Guarantee/or any other document submitted in lieu of Earnest Money will also be suitably extended by the tenderer, failing which the tender after the expiry of the aforesaid period shall not be considered by the purchaser.

14.6 No interest shall be payable by the Purchaser on the earnest money.

14.7 The earnest money 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 tender.

14.8 The earnest money of the successful tenderer shall be returned after the security deposit as required in terms of the contract is furnished by the tenderer.

14.9 If the successful tenderer fails to furnish a security deposit levied for due performance of contract, as required in the general terms and conditions of the contract, within the stipulated period, the earnest money shall be liable to be forfeited by the Purchaser.

14.10 Earnest Money of all the unsuccessful tenderer shall be refunded by the Purchaser as early as possible after the expiry of the bids validity. Tenderer are advised to send a pre receipted challan along with their bids so that refund of earnest money is made in time.

14.11 Any tender not accompanied by Earnest Money in one of the approved forms acceptable to the Purchaser is liable to rejected

15. Registration Status

Tendering firms should clearly indicate whether they are registered with RDSO/DGS&D/Defence (DGQA)/NSIC for the tendered stores, if so, they should indicate their registration number along with monetary limit. A copy of registration/approval should be enclosed with the tender.

…..10/-

-10-

16. Security Deposit:

16.1 The security deposit shall be taken from all the firms for contracts for items other than safety items placed against advertised tender and global tenders subject to following exemptions:

a) Venders registered with NSIC upto monetary limit of their registration for the items ordered.

b) Venders registered with Railways upto monetary limit of their registration upto the items ordered/trade groups for items ordered or venders on approved list of RDSO/PUs/CORE/ Railways etc for those specific items for which they are on approved list or other Railways, Govt Department on their specific request and on merits of the case as considered by the tender committee.

16.2 The usual security item should however be taken in case the contracts are placed on unregistered/unapproved firms or for items for which a particular firm is not registered/approved.

16.3 The amount of Security Deposit to be taken, whenever applicable, will be 10% of the total value of contract subject to ceiling of ` 10 lakhs for the contracts valuing upto ` 10 crores and ` 20 lakhs for the contracts valuing above ` 10 crores.

16.4 Security Deposit will required to be deposited by PSUs except those which are owned by Ministry of Railways, registered with Production Units of Railways, Zonal Railways, CORE/ALD, RDSO or NSIC, for supply of those specific items for which they are registered with them. For other PSUs, waiver of Security deposit can be considered in deserving cases.

17. Important Instructions

17.1 The full tender documents should be returned, whether tenderer is quoting for all the items or not. For the items not being quoted, the corresponding space must be filled with " N.Q."

17.2 Additional pages can be attached, if considered essential. A total number of enclosures should be indicated in the body of the tender and all the enclosures numbered serially.

17.3 In case tenderer wants to furnish any other relevant information, the same can be furnished in a separate covering letter.

17.4 Cuttings/erasings and overwriting may make offer invalid. In case the same is unavoidable, these should be initialed.

17.5 The tender will be opened in the presence of tenderers.

17.6 Withdrawal of any slab rates after opening the tender may render the entire offer invalid and invite administrative action which may result in banning of business dealing with firms/suppliers employing such practices.

…..11/-

-11-

17.7 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.

17.8 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 be rejected in case cartel formation is suspected. Railways, however, reserve the right to order on one or more firm any quantity.

17.9 The firms who quote in cartel are warned that their names are likely to be deleted from the list of approved sources.

18. Signing of Tender

18.1 Individual signing the tender and other documents connected with this tender must specify whether he is signing as

i) A sole proprietor of the firm or constituted attorney of the sole proprietor.

ii) A partner of the firm having authority to quote and refer to arbitration disputes, in case of partnership firm either by virtue of partnership agreement or a power of attorney.

iii) Constituted Attorney in case of Company.

18.2 In case of (ii) above a copy of partnership agreement and power of attorney attested by Notary Public should be furnished or Affidavit on stamped paper of all the partners admitting execution of the partnership agreement of the general power of attorney should be furnished.

18.3 In case of partnership firms, where authority to refer disputes has not been conferred on any of the partner, the tender and the related documents should be signed by all the partners of the firm.

18.4 A person signing the tender form or connected documents forming part of the contract shall be deemed to have the authority as indicated earlier. If on enquiry, it is found that the person so signing had no authority to do so, the purchaser, without prejudice to other Civil and Criminal remedies cancel the contract and hold the signatory liable for all costs and damages.

18.5 Each page of the tender, offer-form and Annexures should be signed by the tenderer.

19. Last Date of Receipt of The Tenders

19.1 The offers complete in all respects should reach the Director, Railway Stores (POL), Ministry of Railways (Railway Board), Room No. 156/15, Rail Bhavan, Raisina Road, New Delhi – 110001 not later than 14:30 Hrs on the date specified in the schedule of requirement.

....12/-

-12-

19.2 The tenders received shall be opened in the presence of such of the tenderers or their representatives, who may like to be present at 15:00 Hrs on the date specified in the “ Schedule of Requirements” and the names of tenderers and the rates tendered by them will be read out.

20. Communication of Acceptance.

(a) Acceptance by the purchaser will be communicated by Fax/telegram/express letter of acceptance or formal ‘acceptance of tender.’ In case where acceptance is communicated by fax/telegram or express letter, the formal acceptance of tender will be forwarded to you as soon as possible but the instructions contained in the fax/telegram or express letter should be acted upon immediately.

(b) The concluding contract will be governed by the IRS conditions of contract. If any departure or substitution from the particular specification is involved, this should be early indicated in. The tenderer shall furnish his acceptance or otherwise against each clause & sub-clause of IRS / General and special conditions of the tender. It may be clearly understood that deviation from Indian Railway Standard Conditions of contract are generally not accepted & so offers with deviations to IRS conditions of contract, are liable to be ignored.

21. Other special conditions of tender (Annexure I) attached.

------------------------------

ANNEXURE – I

SPECIAL CONDITIONS OF TENDER

1. Inspection (a) As per Quality Control (QC) / Quality Assurance Programme (QAP) of PSUs IOC/ HPC / BPC/approved vendor of RDSO meeting relevant IS specifications of products stipulated in the schedule to tender and Test certificates to be issued by IOC / HPC / BPC/approved vendor of RDSO.

(b) M/s RITES/DGS&D/RDSO at Railway Board’s option.

2. Packing and Marking

i) For packing of supplies attention is drawn to Clause 1800 of the IRS conditions of contract and relevant specifications.

ii) Oils will be supplied packed in New, Sound, Non-returnable, 1.25mm thickness Grade –‘A’ Steel Drums, type 2 of 200/210 ltrs., capacity conforming to IS: 1783 (Part-I) of 1993.

iii) Greases will be packed in containers in New, sound, non-returnable, 1.25 mm thickness steel drums or 175/180/182/200 kgs. capacity conforming to IS : 13997-94 Gr-‘A’ as far as applicable. On outside surface of drums anti-rust coating like stove painting be done to protect them from rusting. At inside surface suitable antirust oil coating be done. Compounds packed in 200/210 kgs. capacity drums meeting with IS : 1783 (Part – I) of 1993 (Type – 2) .

2.1 Marking:

i) Marking on the drums/cases will be as desired by the purchaser/ISI standard Trade Mark

ii) The description of stores will be stencilled on such containers or package where possible and marking will be as per clause 5.2 of IS:720/86. iii) Date/year of manufacture. iv) Name of manufacturer.

v) Shelf life etc. as per practice.

3. Pre-inspection of stores by the supplier

In the event of contract being awarded, the suppliers should satisfy themselves that the stores are in accordance with the terms of the contract and fully conform to the required specification by carrying out a thorough pre-inspection of such consignment before actually tendering the same for delivery. The supplier shall furnish test results/certificates to the purchaser and consignee of the stores supplied to various consignees.

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4. Delivery

4.1 The tenderers should clearly indicate the delivery period offered. The monthly rate of supply should also be indicated clearly. In case a range of monthly supplies is indicated, the average rate of supply shall be taken to have been offered. Clause S.Nos.7 to 10 of Table- ‘A’ of Schedule to tender may also be referred.

4.2 The officers of Railway authorised to issue supply-orders from time to time may place supply-orders direct against the contract / contracts. Successful tenderer(s) shall have to offer the stores for delivery as early as possible to ensure that the same are delivered within the terminal date of delivery indicated in the supply-order. He shall maintain the stocks at the station / station(s) indicated by him and shall make deliveries against supply-orders from such stocks as and when required.

4.3 In case of despatch by rail, the date of RR (Railway-Receipt) will be taken as the date of delivery and for despatches by road, the date of receipt of material by consignee(s) shall be treated as date of delivery.

4.4 No liquidated damages in respect of delay in supplies within the grace period of 21 days will be leviable where depot / Inspecting Officer Divisional Officer (who is a direct consignee) has extended delivery period accordingly.

5. Despatch of Railway-Receipts :

Railway Receipts will be despatched to the Indentor/consignee by registered post. Telegraphic advice will also be sent to consignees providing details of RRs and wagon numbers to enable the consignee to unload the consignments. Demurrage charges incurred due to delay in receiving RRs sent by registered post will be to buyer’s account. If any indenting officer so desires, the firm can sent RR by ordinary post to enable the indentor to get the same quickly. RRs will be despatched promptly after receipt from the Railways.

6. Transit Risk :

6.1 The firm shall be responsible and liable for any shortages, damages or deterioration to the consignment in transit if the same is to be carried in their own or contractor’s trucks/tanks/lorries to the destination.

6.2 In case of rail consignments, the firm shall be responsible and liable for such shortage, damage or deterioration only if the consignment has been booked under “said to contain RR” as a full wagon load and the Railway seals of the wagons are found intact at the destination station. In that case a notice is to be served on the supplier by Regd. post indicating the date of the seals of the wagons being found intact and the details of shortage, damage or deterioration, as the case may be, as early as possible, but in any case before the expiry of 30 days from the date of taking delivery from the Railway

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6.3 In all other cases of rail consignments, the firm will not be responsible and liable for any shortage, loss, damage or deterioration occurring in transit and the matter will be taken up by the consignee expeditiously with the concerned Railway Administration.

7. Transit Insurance:

The purchaser will not pay separately for Transit insurance. The supplier will be responsible till the entire stores contracted for arrive, in good condition at destination & liable for any shortage, damage or deterioration in terms of Clause 1501 of IRS conditions of contract.

8. System & Terms of Payment :

8.1 As per IRS conditions of contract para 2300 with documents mentioned therein. The firm’s bills shall be accompanied with original despatch documents which after payment will be forwarded to the respective consignees. However, a photocopy of despatch documents should be directly sent by the supplier to the respective consignees immediately after despatch of goods.

8.2 Tenderer to give consent in a mandate form for receipt of payment through ECS/EFT.

8.3 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.

8.4 Tenderer to attach certificate from their bank certifying the correctness of all above mentioned information (as mentioned in Para 8.3 above).

8.5 In case of non-payment through ECS/EFT or where ECS/EFT facility is not available, payment will be released through cheque.

8.6 In case the deliveries are made through supplier's or their contractors' lorries, the bills will accompany copies of the contractors' delivery challans duly receipted by the consignee alongwith inspection certificate. Receipted delivery challans to be signed by respective Rly. Consignee(s).

9. Paying Authority : FA & CAOs of respective Zonal Rlys & Production Units will make payments for all despatches made for supply of the stores:

10. Bills and Payment :

The bills will be submitted by the supplier firm to FA & CAOs (Nominated) of Zonal Railways/Production Units region-wise, and payment will also be received by the suppliers accordingly.

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11. Deliveries At Consignee’s Premises (In Trucks):

(i) In all cases quantities filled and despatched /delivered Ex. Main Installations (MI)/Storage points will be subject to Clause 6-Transit Risk of “Special Conditions of Contract”. Variation in volume after despatch will be to the purchaser’s account in case of supply in consignee’s truck.

(ii) Handling and decantation of the product from the tank trucks into buyer’s Container at consignee’s premises will be the buyer’s responsibility.

(iii) Firm’s tank trucks will be released by the consignee within a reasonable time of arrivals at destination and they will not be subject to any inordinate detention.

(iv) Deliveries will be in full truck loads only.

(v) For returning the tank trucks without taking delivery of the product for any reason whatsoever, delivery charges will be payable by the Railways at the applicable rates on the basis of certificate issued by the Internal Auditor’s of Oil company.

(vi) When supplies can not be undertaken to consignee’s premises for any reason, the buyer’s shall draw their requirements from firm’s supplying depots under their own arrangement. For such supplies ex-depot rates will supply.

(vii) In the event of dispute regarding the distance, a joint verification will be undertaken by the firm and the consignee. Firm shall agree to adjust the overdrawals / underpayments based on the final agreed distance.

12. Guarantee/Warranty: Guarantee/warrantee will be applicable to this contract as per clause 3201 & 3204 of IRS conditions of contract.

13. Arbitration:

13.1 This contract is subject to standard arbitration clause 2900 of IRS conditions of contract

13.2 In case of any dispute in the contract with PSU the following Arbitration clause will be applicable.

In the event of any dispute or difference relating to the interpretation & application of the provisions of the contracts, such dispute or difference shall be referred by either party to the arbitration of one of the arbitrators in the Department of Public Enterprises to be nominated by the Secretary to the Govt. of India in charge of the Bureau of Public Enterprises. The arbitration and conciliation Act 1996 shall not be applicable to the arbitration under this clause. The award of the arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Govt. of India. Upon such reference the dispute shall be decided by the Law Secretary or the special Secretary/ Additional Secretary when so authorised by the Law Secretary, whose decision shall bind the parties finally and conclusive.

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14. The purchaser may at any time not later than ________________ (here insert the latest period when the contractor may be requested for the reduction to ensure agreement before expiry of the contract period), from the date of commencement of the contract, request the contractor to agree to a reduction in the prices for the valid reasons and in default of such agreement terminate the contract at the end of one year from such

15. The purchaser may at any time not later than ________________(here insert the latest period when the contractor may be requested for the reduction to ensure agreement before expiry of the contract period), from the date of commencement of the contract, request the contractor to agree to a reduction in the prices for the valid reasons and in default of such agreement terminate the contract at the end of one year from such commencement.

16. Force Majeure Clause :

Following standard force majeure clause is applicable to this contract.

If at any time during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract shall be prevented or delayed by reason of any war, hostility acts of public enemy, civil commotions sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lock-outs or acts of God (here-in-after referred to as events), provided notice of the happening of any such eventuality is given by the either party to the other within 21 days from the date of occurrence there-of. Neither party shall by reasons of such event be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non – performance or delay in performance and deliveries under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist and the decision of the Railway Board as to whether the deliveries have been so resumed or not shall be final and conclusive, provided further that if the performance in whole or in part or any application under this contract is prevented or delayed by reasons of any such event for a period exceeding 60 days either party may opt to terminate the contract, provide also that if the contract is terminated under this clause, the purchaser shall have liberty to take over from the contractor at a price fixed by Railway Board, which shall be final, all unused, undamaged and acceptable materials, bought-out components and stores in course of manufacture in the possession of the contractor at the time of such termination of such portion there-of as the purchaser may deem it fit except of such materials, bought out equipments and stores as the contractor may with the concurrence of the purchaser elect to retain.

It is also understood in addition that this force Majeure clause will cover firms inability to supply the stores on account of import restrictions or reductions in foreign exchange allocated for importation of products, crude oils and additives.

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17. Certificate to be given by indentor –

Indentors will give invariably the following certificates in all the supply orders placed against this contract :

i) Certified that a copy of the Supply-order has been forwarded to the Paying Authority (Nominated) of the Zonal Railway under registered post and the postal registration number is ……………….dt……

ii) Certified that the supply order No. and date is the same on all the copies of the supply-orders marked to the Paying Authority (Nominated) of the Zonal Railway /Prod Units

18. Inspection of Suspected Supplies at Destination If the consignee at destination on testing the product finds it below or off specification, he may book the same back to firm’s nearest/nominated depot without the firm incurring any demurrage for any detention at the Railway’s consignee premises and without waiting for the arrival of firm’s representative. However, in such cases, Railways must intimate firm’s nearest nominated locations telegraphically or over the telephones about re-booking of the tank wagons and forward Railway receipt duly endorsing it in firm’s favour. This should apply in respect of those tank wagons which are received by the consignees with seals intact. The consignee will furnish his laboratory test report in respect of each wagon rejected by him to the firm in support of such action.

19. Certificate of Genuineness and Correctness of Railway receipt No. and date : The supplier firm will furnish the following certificate on the bills to the Paying Authority (Nominated) of the Zonal Railway/Prod.Unit(s) , firm have examined and verified that the goods in respect of Which the payment is being claimed have been actually despatched by them Under RR NO. ---------- dated -------------- which has been forwarded to the Consignee mentioned on the contract under Registered A/D letter on ------------- . The firm undertake responsibility for the genuineness and correctness of the RR Details . The responsibility in this regard will rest with the firm as the contractor.

20. All charges on account of handling of supplies of POL products for delivery into wagons on rails at places of despatches shall be borne by the contractor.

21. The supplies are to be booked in full wagon load wherever possible by the most economical routes, failing which the contractors will render themselves liable for the whole or any part of any avoidable expenditure caused by such default.

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22. In respect of all consignment(s) placed F.O.R. station(s) of despatch, it is essential that packing notes shall be furnished to the consignee. The Railway Receipt should be forwarded to the consignee immediately after despatch of stores. It shall always be the endeavour of the contractor to obtain clear Railway Receipt from the Railways in respect of despatches made by them.

23. In respect of supplies in tank wagons, the contractors should insist on dip-stick measurement being specified in the Railway Receipt and should also include this information in their invoices.

ALL WAGONS / TANK WAGONS SHOULD BE DULY SEALED AND LABELED BEFORE DESPATCH.

24. Labeling of Wagons :

The labeling of wagons before delivery/ despatch shall be carried-out by the suppliers free of all charges as below:

Tank wagons be labeled/ marked showing

I. Consignee name and address II. Contents in terms of tons or litres III. Nomenclature of the stores.

25. Conditions of Acceptance

25.1 If on examination of any sample from any portion of supply of the materials is found to be not fully in accordance with the required specifications, the whole consignment may be rejected.

25.2 The stores shall be of brand new and the best quality and workmanship to the satisfaction of the Inspector/Indentor/Consignee

25.3 It would be obligatory on the part of the contractor to supply information concerning contracts as may be required by Ministry of Railways, Railway Board from time to time.

26. Option Clause

The purchaser may at any time during the currency of the contract, increase/decrease the ordered total quantity of each description of stores shown in the contract by not more than 30% of the ordered total quantity, at the same price, terms and conditions 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 contractual delivery schedule.

______________________________

Annexure-II

Estimated quantity required in Zonal Railways/Pus

S.No. Zonal Rly/PU Requirement of Servogem RR3 or equivalent (MT)

Requirement of Servocoat 170T or equivalent (MT)

1 CR 166.00 221.00 2 ER 215.00 198.00 3 ECR 14.00 110.00 4 ECOR 73.00 122.00 5 NR 139.00 284.00 6 NCR 61.00 131.00 7. NER 100.00 53.00 8 NFR 41.00 79.00 9 NWR 56.00 82.00

10. SR 185.00 249.00 11 SCR 137.00 214.00 12 SER 91.00 230.00 13 SECR 46.00 30.00 14 SWR 55.00 39.00 15 WR 132.00 163.00 16 WCR 94.00 264.00 17 CLW 67.00 9.00 18 DLW 3.00 6.00 19 ICF 19.00 ---- 20 RCF 36.00 ---- Total: 1730.00 2484.00

APPENDIX – ‘A’

TENDERERS SHOULD FURNISH SPECIFIC ANSWRS TO ALL THE QUESTIONS GIVEN BELOW. TENDERERS MAY PLEASE NOTE, THAT IF THE ANSWERS SO FURNISHED ARE NOT CLEAR AND/OR ARE EVASIVE, THE TENDER WILL BE LIABLE TO BE IGNORED.

TENDER NO. DUE FOR OPENING ON OFFER IS OPEN FOR ACCEPTANCE TILL

NO.RS(POL)/58/050 /20

1 Whether the stores offered fully conform to the technical particulars and specifications/ Drawings, specified by the Purchaser in the schedule to Tender.

2 If not mention here details of deviations.

3 Brand of Store offered 4 Name and address of manufacturer.

5 Station of manufacturer 6 Please confirm that you have offered the

packing as per tender enquiry requirements. If not indicate deviations. (Also refer Appendix-‘E’)

7 Gross weight of consignment 8 Net weight of each item 9 What is your permanent Income Tax A/c No,? 10 Indicate whether you are LSU or SSI

Appendix ‘A’ Contd ….2

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STATUS

11 (a) Are you approved by RDSO for the item quoted? If yes, whether you have copy of valid RDSO approval letter. (b) Whether registered with DGS&D/ Defence (DGQA) for the subject stores and specifications. If so, confirm whether you have attached registration Certificate/ approval letter.

12 Whether there is any monetary limit on registration and attach a copy of registration.

13. Are you a small scale unit registered with NSIC under Single Point Registration Scheme.

14 Whether there is any monetary limit on registration and attach a copy of registration.

15 In case you are registered with NSIC under Single Point Registration Scheme for the item quoted, confirm whether you have attached a photo copy of the registration certificate indicating the items for which you are registered.

16. If you are not registered either with NSIC or with DGS&D, please state whether you are registered with Directorate of Industries of State Government concerned.

17 If so, confirm whether you have attached a copy of the certificate issued by Director of Industry.

18 Please indicate Name & full address of your banker.

19 Please furnish details of equipment quality Control in the prescribed proforma (Appeendix-G attached) (to be given by firms not registered with DGS&D/ NSIC under the single Point Registration Scheme/RDSO.)

20 Please furnish your performance statement in the prescribed form (Appencix-B of proforma attached).

Appendix ‘A’ Contd ….3

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BUSINESS NAME AND CONSTITUTION OF THE FIRM

21 Is the firm registered under □ The Indian Companies Act, 1956.

□ The Indian Partnership Act, 1932

□Any other Act

□ Not registered 22 Please mention the name(s) and

Address(es) of Parterns/ Owners

23 Whether the tendering firm is/ are (If manufacturer’s agents, please enclose the copy of manufacturer’s authorization)

□Manufacturer

□Manufacturer’s authorized Agents

□Holders in stock of the stores.

24 If stores offered are manufactured in India please state whether all the raw materials, components etc. used in their manufacture are also produced in India.

25 If not, give details of materials Components etc. that are imported and their break up of the indigenous and Imported components together with their value and proportion it bears to the total value of the store should also be given

26 Whether Raw materials are held in stock sufficient for the manufacture of the stores.

27 Please indicate the stocks in hand at present time held by you against this enquiry

28 Please indicate the stock over which you have secured an option, held by

M/s ______________________________ _________________________________

29 Do you agree to sole arbitration as per clause 2900 of IRS conditions of contract (Please note that an omission to answer this question will be deemed as an acceptance)

Appendix ‘A’ Contd ….4

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FOR PARTENERSHIP FIRMS

30 State whether they are registered or not registered under Indian Partnership Act, 1932. Should the answer to this question by a partnership firm be in the affirmative, please state further:-

(a) Whether by the partnership agreement, authority to refer disputes concerning the business of the partnership to arbitration has been conferred on the partner who has signed the tender

(b) If the answer to (a) is in negative, whether there is any general power of attorney executed by all the partners of the firm authorizing the partner who has signed the tender to refer dispute concerning business of the partnership to arbitration.

(c) if the answer to either (a) or (b) is in the affirmative have you already furnished a copy of either the partnership agreement or the general power of attorney as the case may be, to Rly. Board,? Please quote the reference to the communication by which this was done

N.B.1 If a copy of neither the partnership agreement not the general power of attorney has previously been furnished to the Ministry of Railways (Rly.Bd.) please attach to the tender a copy of either document on which reliance is placed for authority of partners or the partner signing the tender refer disputes to arbitration. The copy should be attested by a Notary Public or its execution should be admitted by affidavit on a properly stamped paper by all the partners.

N.B.2 Where authority to refer disputes to arbitration has not been given to the partner signing the tender, the tenders must be signed by every partner of the firm.

31 Whether the price tendered by you is to the best of your knowledge and belief, not more that the price usually charged by you for stores of same nature/class or description to any private purchaser either foreign or as well as Govt. Purchaser.

32 If not state the reasons thereof. If any, also indicate the margin of difference.

33 In respect of indigenous items for which there is a controlled price, and if the price quoted exceeds the controlled price the reasons thereof should be stated.

Appendix’A’ Contd….5/-

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34 Are you holding valid industrial Licence(s) Registration Certificate under the industrial Development and Regulation Act, 1981. if so, please give particulars of Industrial Income Registration Certificate.

35 Are you Exempted from the licensing provisions of the Act, for the manufacture of item quoted against this tender. If so, please quote relevant orders and explain your position

36 Whether you possess the requisite license for manufacture of the stores and/or for the procurement of raw materials belonging to any controlled category required for the manufacture of the store? In the absence of any reply it would be assumed that no licence is required for the purpose of raw materials and/or that you possess the required licence.

37 Whether business dealing with you have been banned by Ministry or Railway (Rly. Board)/Ministry of Commerce (Deptt. Of Supply)

Please confirm that you have read all the instructions carefully and have complied with accordingly.

Date _________ Signature of Tenderer_____________________________

Name in Block letters:________________________________ Capacity in which tender is singed:______________________ (whether signing as Proprietor/Partner/Constituted Attorney/

duly authorized by the company) Address of firm in full: M/s____________________

____________________ ____________________

____________________

Signature of Witness Full Name and Address:

APPENDIX ‘B’

PROFORMA FOR PERFORMANCE STATEMENT

S.N. CONTRACT/RC/ RGC NO. & Date (SO/ ALLOCATION ORDER NO./P.O. No. & Date)

Total Quantity

VALUE (in ` )

Original Date Of Delivery Stipulated In The contract/ Extended Date of Delivery

Actual Date Of Delivery & Qty

REMARKS (here mention reasons for not adhering to the original delivery date)

APPENDIX ‘C’

PROFORMA FOR PRODUCTION CAPACITY

TENDER NO DUE FOR OPENING ON RS(POL)/58/050 /20 (All details required only for the items tendered)

1 Name and address of manufacturer

2 Location of the factory

3 Brand of stores offered 4 Have the material offered by you been approved by the

Research Designs and standards Organisation (RDSO), Lucknow. If so, the capacities approved and the necessary references may be quoted.

5 Indicate the place where you have distribution centres and where stocks are maintained

6 What is the installed monthly capacity for the items covered under this tender? Indicate the capacity separately on a single shift basis and on multiple shift basis, if so worked.

7 What was the average monthly production during the last 5 years on single shift basis.

8 What is the existing load

9 How much of the above is covered by orders of the Railways?

10 What portion of the actual production capacity will be reserved for this running contract? This should be indicated clearly in terms of quantity per month.

11. HAVE YOU SUPPLIED THE STORES TENDERED FOR IN THE PAST? IF SO, DETAILS OF SUPPLIES IN THE LAST TWELVE MONTHS MAY BE FURNISHED:

a)Description

b)Total quantity Supplied

c)Total quantity ordered

d) Total quantity pending on the date of tendering

e) Any other relevant particulars

Signature of Tenderer

APPENDIX ‘D’

PARTICULARS REGARDING TECHNICAL COMPETENCE AND CAPACITY

1) Name and address of the firm

2) Location of the manufacturing factory

3) Are you registered with RDSO/DGS&D/Defence (DGQA) NSIC?. If so, give registration No. & Date and items for which registered

4) Have you any foreign collaboration? If so, give Particulars.

5) Particulars of plant & machinery installed (attach Statement if required)

6) Technical staff employed

7) Description of Stores (Indicate tender No. an item No.)

8) Details of testing and internal inspection facilities

9) Job if any to be assigned to sub-contractors Give name and address of the sub-contractors

10) Net available capacity of monthly out-turn excluding that required for existing load on hand

Signature and Seal of the Tenderer

APPENDIX-‘E’

STATEMENT OF DEVIATIONS FROM TENDER SPECIFICATIONS

Tender No. RS(POL)/58/050 /20

ITEM NO DESCRITPTION PARTICULARS OF DEVIATION

APPENDIX ‘F’

STATEMENT OF DEVIATIONS FROM IRS/GENERAL CONDITIONS AND SPECIAL CONDITIONS OF THE TENDER Tender No. RS(POL/58/050 /20

S.NO. REFERENCE TO TERMS

AND CONDITIONS OF TENDER

DEVIATIONS IN THE OFFER REMARKS

APPENDIX ‘G’

PROFORMA FOR EQUIPMENT AND QUALITY CONTROL (TO BE FURNISHED IN TRIPLICATE)

TENDER NO DUE FOR OPENING ON NO. RS(POL)/58/050 /20

(All details required only for the items tendered)

1 Name and address of the firm 2 Telephone Nos. Office-----------------------------

Factory/works------------------

Residence------------------------ Mobile---------------------------- Fax--------------------------------

3 Location of Manufacturing Factory

4 Have you any foreign collaboration? If so, give particulars

5 Details of Industrial licenses, wherever required as per Statutory regulations.

6 Details of plant and Machinery erected and functioning in each department ( monographs and description pamphlets) be supplied.

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

8 Details and stock of raw material held

9 Production capacity of item(s) quoted for, with the existing plant and machinery

Normal Maximum

10 Details of arrangement for quality control products such as laboratory etc.

11 Details of technical supervisory staff-in-charge of production and quality control

12 Skilled labour employed 13 Unskilled labour employed 14 Maximum number of workers (skilled & unskilled)

employed on any time during the 18 months preceding the date of application

15 Whether stores were tested to any standard specifications if so, copies of original test certificates should be submitted in triplicate

16 Are you registered with RDSO/DGS&D/Defence(DGQA)/NSIC for the stores mentioned in ‘schedule to Tender’ if so, furnish full particulars of registration, period of currency etc.

(Attach a sheet wherever necessary)

Signature of the Tenderer

APPENDIX –‘H’

PROFORMA FOR SUBMISSION OF BANK GUARANTEE TOWARDS EARNEST MONEY

In consideration of the President of India (hereinafter called ‘the Government’) having agreed to accept from -----------------------------------------------{hereinafter called’ the said Tenderer(s’} earnest money in the form of Guarantee Bond, under the terms and conditions of tender dated ________________ in

connection with ____________________________________________________________________(herein after called ’the said tenderer’ for the due observance by the said tenderer of the stipulation to keep the offer open for acceptance for a period of ______ days from the date of opening of tenders, to execute an agreement within the time specified, to start work within the period specified after notification of the acceptance of his/their tender and the deposit of Earnest Money in cash or furnish fresh Bank Guarantee for the said amount as part of security for the due and faithful fulfillment of contract on acceptance of the tender on production a Bank Guarantee for ` ____________________________ (Rupees____________________________________only.)

We___________ Bank, do hereby undertake to pay on demand to the Government, the sum of Rs. _____________________ in the event of the said tender having incurred forfeiture of earnest money/security deposit an aforesaid for the breach of any of the terms and conditions of the stipulations aforesaid and contained in the said tender under an order of the authority competent to invite tender.

We____________________________________ Bank, further agree the guarantee herein contained shall remain in full force and effect till the authority competent to invite the tender discharges the guarantee, subject to however, that the Government shall have no right under this Bond after the expiry of one year from the date of its execution and our liability under the bond shall be discharged if the demand for payment is not made within this period.

We______________________Bank, lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Government in writing

Dated the ___________ Day of __________________

For ________________ Bank____________________

APPENDIX-‘I’

PROFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCE GUARANTEE BOND

Ref............... . Date..................................

Bank Guarantee No................

To, THE PRESIDENT OF INDIA. acting through the Executive Director, Railway Stores ( C) Ministry of Railway, (Railway Board). Rail Bhavan, New Delhi-110001, INDIA. 1. Against contract vide Advance Acceptance of the Tender No................................... dated.................................... covering supply of......................................................... (hereinafter called the said 'contract') entered into between the President of India and...........................................................................(hereinafter called the 'Contractor1) this is to certify that at the request of the Contractor we............................................................. Bank Ltd., are holding in trust in favour of the President of India, the amount of........................................ .................................................................. (write the sum here in words) to indemnity and keep indemnified the President of India (Govt. of India) against any loss or damage that may be caused to or suffered by the President of India (Govt. of India) by reason of any breach by the Contractor of any of the terms and conditions of the said contract and/or the performance thereof. We agree that the decision of the President of India (Govt. of India), whether any breach of any of the terms and conditions of the said contract and/or in the performance thereof has been committed by the Contractor and the amount of loss or damage that has been caused or suffered by the President of India (Govt. of India) shall be final and binding on us and the amount of the said loss or damage shall be paid by us forthwith on demand and without demur to the President of India (Govt. of India). 2. We............................ ........................................Bank Ltd., further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for satisfactory performance and fulfilment in all respects of the said contract by the Contractor i.e. till.............................................(viz. the date up to 12 months after the date of last shipment/delivery, of the goods ordered) hereinafter called the 'said date' and that if any claim accrues or arises against us.................................... Bank Ltd., by virtue of this guarantee before the said date, the same shall be enforceable against us......................................................Bank Ltd.), notwithstanding the fact that the same is enforced within six months after the said dale, provided that notice of any such claim has been given to us.......................................Bank/Ltd., by the President of India (Govt. of India) before the said date. Payment under this letter of guarantee shall be made promptly upon our receipt of notice to that effect from the president of India (Govt. of India).

3. It is fully understood that this guarantee is effective from the date of the said contract and that we................................................Bank Ltd., undertake not to revoke this guarantee during its currency without the consent in writing of the President of India (Govt. of India).

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

The payments so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the Contractor shall have no claim against us for making such payment.

5. We....................................Bank Ltd., further agree that the President of India(Govt. of India)

shall have the fullest liberty, without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said contract or to extend time of performance by the Contractor from time to time or to postpone for any time or form time to time any of the powers exerciseable by the President of India (Govt. of India), against the said Contractor and to for bear or enforce any of the terms and conditions relating to the said contracts and we....................................Bank Ltd., shall not be released from our liability under this guarantee by reason of any such variation or extension being granted to the said Contractor or for any forbearance and/ or omission on the part of the President of India or any indulgence by the President of India 10 the said Contractor or by any other matter or thing what-so-ever, which under the law relating to sure lies, would, but for this provision have the effect of so releasing us from our liability under this guarantee.

6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor.

Date........................... Signature............................. /Voce........................... Printed Name........................ Witness........................ ........................................

(Designation)

……………………………….

Bank's Common Seal