Modified Public Announcement

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 I am 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 all corrigendum issued till tender closing date) 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 .

  Document optional

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 is a PAC item and item reserved to procure from M/s Fogpro India and their tender specific authorized agents only.

  Document required

• Other than OEM firm should be uploaded copy of Tender Specific Authorization of OEM as mentioned in description otherwise offer will be summarily rejected.

  Document optional

Standard Governing Conditions

• Terms & Conditions of Contract The contract shall be governed by latest version (along withall correction slips) of IRS conditions of contract as per Railway Board letter No. 2024/ RS(G)/779/11 dated 11/09/2025 (copy attached). This supersedes in earlier IRS Conditions of Contract available in WCR e- tender documents for supply contracts Ver 7 applicable on or after 31.10.22. All other terms and conditions shall be applicable as per WCR's e-TENDER DOCUMENTFORSUPPLY CONTRACTS (Ver. 7.0, applicable w.e.f 31.10.2022) with all corrigendum issued till 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

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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 all corrigendum issued till tender closing date) 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) particularly Para 2500 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 [Para 2502 (e)], anti competitive practices [Para 2502(c)] and obligation to proactive disclosures [Para 2503]. 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.

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• Jurisdiction of Court As per Para 2703 of 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.

• Tenderer must indicate delivery schedule. Offers with longer delivery period with respect to the delivery period/schedule in the tender conditions may be ignored in the interest of the Railways.

• PLASTIC WASTE MANAGEMENT RULE 2016:- It is certified that for execution of this contract, the plastic packing material or commodities which are made out of Compostable Plastic or Biodegradable Plastic shall be purchased from firms having certification by CPCB for manufacture or sale of plastic packing 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.)

Other Conditions

• Inspection by Consignee after Receipt.

• 1. E-tender documents for supply contracts (ver 7.0, applicable w.e.f. 31.10.2022 with all corrigendum issued till tender closing date) is available on Indian Railway e- procurement system (IRESP) Goods and service under documents.
  2. IRS Conditions of Contract [latest amendment] will be applicable.

• Statutory Variation 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.

Special Conditions

• EMD&SD 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. 31.10.2022with all corrigendum issued till tender closing date) (uploaded on IREPS website named Tender conditions applicable for all tenders published on or after 31102022 Version 7.0 with all corrigendum issued till tender closing date 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 vendor closing. Para 6
  2. Note of Annexure- B : Deleted . Para 6.3 of Annexure- B : Deleted.
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