Regulating Equipment (ATD)

Commercial-Compliance

• IN CASE BIDDER FIRM IS FROM A FOREIGN COUNTRY THAT SHARES LAND BORDER WITH INDIA, SHALL SUBMIT CERTIFICATE AS UNDER:- I certify that this bidder (in whose behalf Iam submitting this bid) is from such a country which shares a land border with India with regard to contents of Annexure F of WCRs e-TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver. 7.0, applicable w.e.f. 31.10.2022) with Ministry of Finance Order (Public Procurement No. 4), F. No. 7/10/2021- PPD(1) dated 23/02/2023 circulated vide OM No. F.7/10/2021-PPD dated 23.2.2023; and I further certify that this bidder has been registered with the Competent Authority. I hereby further certify that this bidder fulfils all requirements in this regard and is eligible to be considered. (Note 1; WHEREVER A BIDDER FROM SUCH A FOREIGN COUNTRY THAT SHARES BORDER WITH INDIA QUOTES, HE WILL NEED TO UPLOAD A COPY OF VALID REGISTRATION BY THE COMPETENT AUTHORITY (OR DOCUMENTARY EVIDENCE OF EXEMPTION AS PER NOTE 2 BELOW) WITHOUT WHICH THE OFFER SHALL BE SUMMARILY REJECTED.) (NOTE 2: Restrictions under this rule shall not apply to bids from such countries (even if sharing a land border in India) to which the government of India has extended lines of credit or in which the government of India is engaged in developmental projects. For updated lists of credit or in which line of credits have been extended or in which developmental projects are undertaken are given in the website of the Ministry of External affairs and in such firm will need to submit such documentary evidence.) The terms 'bidder' and 'bidder from a country which shares a land with India' shall be as defined in para II and III respectively of Annex III of Ministry of Finance Order (Public Procurement No. 4), F. No. 7/10/2021- PPD(1) dated 23/02/2023 circulated vide OM No. F.7/10/2021-PPD dated 23.2.2023.

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• (ii)Code of Integrity, Misdemeanor and Penalties :-In case your confirmation in commercial compliance regarding Code of Integrity, Misdemeanor and Penalties is 'No', then provide/upload the names and addresses of your sister concerns or affiliates.

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• Tenderers submitting their offer are required to submit all desired document to establish their eligibility along with offer itself and no post tender correspondence will be made in this regard .

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• "Tenderers, in their own interest, are advised to avoid quoting of deviations as the deviations that are not acceptable to the purchaser may result in the offer being ignored/adversely considered. The decision as regards acceptability of a deviation shall lie with the purchaser only."

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• Place of Inspection - Tenderer should mention in their offer: -

  1. Name of manufacture with complete address.
  2. Place of inspection be indicated with complete address, option for inspections at go downs/outstation/multiple places be strictly avoided, and preferably be permitted only at manufacturers place.
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Please enter the percentage of local content in the material being offered.

Please enter 0 for fully imported items, and 100 for fully indigenous items.

The definition and calculation of local content shall be in accordance with the Make in India policy as incorporated in the tender conditions.

Special Eligibility Criteria

• This item to be procured from RDSO approved/Developmental sources registered under RDSO item ID: 3100617 as available on IREPS vendor directory. The status of the firm will be reckoned as on the date of tender closing and not thereafter. The tenderers are to upload the copies of approval letter along with the offers. However, in case of removal/ suspension/ banning etc. after closing of tender, such changes shall be taken into account while considering the offers. Offer of other than RDSO approved firm, firm has to submit/upload tender specific authorization letter of RDSO approved firm for tendered item along with their offer otherwise their offer will not be considered. BULK ORDER :- Railway reserves the right to order entire or bulk quantity on RDSO approved sources. DEVELOPMENTAL ORDER :- The development orders may be placed on firms which are unconditionally approved by RDSO as developmental vendor as per Para 1.3.1 of Annexure-B of WCRs e-TENDER DOCUMENT FOR SUPPLY CONTRACTS (with latest corrigendum issued till the date of tender closing). Note :-

  1. In case there are not more than three Indian Suppliers categorized as Approved Vendor for a particular item, unconditionally approved developmental vendors ( without any condition of prototype / field trials etc) can be considered for placement of bulk order without any quantity restrictions as per Para 1.3.1 of Annexure-B of WCRs e TENDER DOCUMENT FOR SUPPLY CONTRACTS (with latest corrigendum issued till the date of tender closing).
  2. Developmental Vendors shall be eligible for development order of up to 20% of NPQ in regular tenders. Total quantity to be ordered on developmental sources shall be limited up to 20% of NPQ in regular tenders. Note : It is clarified that the Developmental Vendors are only such vendors which are listed as developmental vendors on UVAM without any condition.
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• TENDER SPECIFIC AUTHORIZATION - Authorized agents of OEM must submit Tender Specific Authorization of the OEM. No back reference will be made in this regard & communication received after opening of tender will also not be entertained. The material supplied by the traders will be inspected at the OEM premises by the inspecting agency before supply. Neither one agent can represent two OEMs nor can one OEM authorize two agents. Purchaser reserves the right to reject both bids in such cases. In a tender either the Agent on behalf of the OEM or OEM itself can bid but both cannot bid simultaneously for the same item in the same tender. In cases where both OEM and their agent participate in bidding for same item, any or both the bids shall be liable to be rejected.

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• Order shall be restricted to Class-I local suppliers only and the venders who do not qualify to be Class-I local suppliers should not quote in the tender as their offer shall not be considered for any ordering.

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Statutory Variation Clause

• Statutory Variation Statutory Variation in taxes and duties, or fresh imposition of taxes and duties by State/ Central Governments in respect of the items stipulated in the contract (and not the raw materials thereof), within the original delivery period stipulated in the contract, or last unconditionally extended delivery period shall be to Railways' account. Only such variation shall be admissible which takes place after the submission of bid. No claim on account of statutory variation in respect of existing tax/duty will be accepted unless the tenderer has clearly indicated in his offer the rate of tax/duty considered in his quoted rate. No claim on account of statutory variation shall be admissible on account of misclassification by the supplier/ contractor.

Standard Governing Conditions

• Terms & Conditions of Contract The contract shall be governed by latest version (along with all correction slips) of IRS conditions of contract, and all other terms and conditions incorporated in the tender documents. All other terms and conditions shall be applicable as per WCR's e-TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver. 7.0, applicable w.e.f 31.10.2022) (with latest corrigendum issued till the date of tender closing) uploaded on IREPS website with file named Tender conditions applicable for all tenders published on or after 31.10.2022 Version 7.0 which can be seen on Home Page of IREPS Website https://www.ireps.gov.in/ > Downloads > Public Documents > Goods & Services > by selecting Organization as Indian Railway, Zone as WCR and Department as Stores and Filtering the tab.

Commercial-Compliance

• IN CASE BIDDER IS INDIAN FIRM OR FROM A COUNTRY THAT DOES NOT SHARE LAND BORDER WITH INDIA, SHALL CONFIRM AS UNDER:- I have read the clauses regarding restrictions on procurements from a bidder of a country which shares a land border with India as per Annexure F of WCRs e- TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver. 7.0, applicable w.e.f. 31.10.2022) with Ministry of Finance Order (Public Procurement No. 4), F. No. 7/10/2021-PPD(1) dated 23/02/2023 circulated vide OM No. F.7/10/2021-PPD dated 23.2.2023 (copy enclosed as enclosed document) ; I certify that this bidder (in whose behalf I am submitting this bid) is not from such a country which shares a land border with India (Note:- Indian firms and firms from countries not sharing border with India, may please confirm as YES)

• (i) CODE OF INTEGRITY, MISDEMEANOR AND PENALTIES :- I/We have carefully gone through the IRS conditions of contract (included and uploaded along with the bid document) pertaining to "Code of Integrity, Misdemeanor and Penalties". I/We hereby certify that none of our sister concern or affiliates (such as having common partner/director/promoter/owner/holding company decision control etc.) have participated in this tender which can give rise to a conflict of interest or fall under anti-competitive practices. We understand that the offers of all such sister concern or affiliates including ours are liable to be rejected as per relevant provisions of IRS terms and conditions. I/We, affirm that we shall abide by the Code of Integrity in general, with specific reference to conflict of interest, anti competitive practices and obligation to proactive disclosures. I/We understand that we are fully responsible for the above declaration and it shall not be the Railway's responsibility to verify the same. I/We are aware that we shall be liable for all consequences of violation of Code of Integrity, if detected, at any stage. (Note: - May confirm as Yes , to certify all the above certification . )

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• Jurisdiction of Court As per IRS Condition of Contract the Courts of the place from where the acceptance of tender has been issued shall alone have jurisdiction to decide any dispute arising out of or in respect of the contract.

• PLASTIC WASTE MANAGEMENT RULE 2016 :- It is certified that for execution of this contract, the plastic packaging material or commodities which are made out of Compostable Plastic or Biodegradable Plastic shall be purchased form firms having certification by CPCB for manufacture or sale of plastic packaging or commodities made from Compostable Plastic or Biodegradable Plastic as per rule 4 (4) of Plastic Waste management rule 2016. It is also certified that we shall also not use any other category of plastic, such as Bio compostable or Oxo-degradable or Oxo-bio-degradable or the like, which are not recognized under Plastic Waste Management Rule 2016 with all amendments." (Note :- May confirm as Yes, to certify all the above certification.)

• Warranty shall be as per specifications. If not specified in specification, then warranty shall be as per IRS conditions of contract .

Other Conditions

• Inspection by TPI (Consignee, if PO value less than Rs. 5 lakh)

Special Conditions

• EMD & SD EMD shall be governed by para 5.0 of Annexure-B & SD shall be governed para 6.0 of Annexure- B of e- Tender document for supply contracts (Ver.7.0, applicable w.e.f. 31.10.2022.) with all corrigendum issued till date of tender closing (uploaded on IREPS website named Tender conditions applicable for all tenders published on or after 31/10/2022 Version 7.0 with all corrigendum issued till date of tender closing , which can be seen and downloaded from Home Page of IREPS Website https://www.ireps.gov.in/ > Downloads > Public Documents > Goods & Services > selecting Organization as Indian Railway, Zone as WCR and Department as Stores and Filtering the tab) with amendment as follows. Para 5.1 (vii) of Annexure- B : may be read as Vendors appearing on the approved vendor lists of RDSO/PUs/CORE for the tendered item, subject to approval status being valid on the date of tender closing. Para 6

  1. (g) of Annexure- B : may be read as Vendors appearing on the approved vendor list of RDSO/PUs/CORE for the tendered item ,subject to approval status being valid on the date of tender closing . Para 6
  2. Note of Annexure- B : Deleted . Para 6.3 of Annexure- B : Deleted
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• Financial Bid The bidder confirms that Rates and other financial terms quoted in relevant columns of financial bid will only be ruling terms for acceptance, and such terms quoted anywhere else should be ignored. (Denial of this condition not recommended). Firm should note that amount of charges related to forwarding, freight etc. are considered which are mentioned in financial bid. Charges mentioned at different location other than financial bid are not considerable and to be treated as Nil. Tenderers are required to quote in the same rate unit (i.e. Number, set etc.) as given in the tender schedule. Any deviation in this aspect will make the offer liable to be ignored. Also the rates and other financial terms quoted in relevant columns of financial bid will only be ruling term for acceptance. Such terms quoted anywhere else shall be ignored.