WC

Commercial-Compliance

• 1.0 The tendered item(s) falls within the ambit of clause 3(a) of public Procurement (Preference to Make in India) Order No P-45021 2 2017 PP(BE-II) dated 16.09 .2020 issued by DPIIT. Ministry of Commerce and Industry This implies that there is sufficient local capacity and competition in supply of the tendered item(s) of required quality and therefore public procurement of the item is restricted to Class-I local suppliers only (having local content equal to or more than 50% as defined under the Para 2 of the above order) and the vendor(s) who do not qualify to be class-I local supplier(s), us are not allowed to bid in this tender and their offer shall not be considered for any ordering. In case any vendor, who does not qualify to be class-I local supplier for the tendered item, bet participates in the tender, It does so us own risk and cost and Railway's shall not be liable for any loss or damage caused to the vendor.

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• NOTE FIRM TO BE MENTION HSN CODE ALONG WITH THEIR OFFER.

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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.

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Other Conditions

• Drawings/ Specifications if any can be downloaded from www.mcf.indianrailways.gov.in

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Special Eligibility Criteria

• 1. FOR REGULAR ORDER:- Regular/bulk order for minimum 80% of the NPQ for Individual item/PL shall be placed on OEM's mentioned in the description/specification of the tendered items or their authorized agents.
  2. FOR DEVELOPMENT ORDER: Other equivalent Brands /Makes can be considered for Developmental Order up to 20% of NPQ (within NPQ). Firm (Bidder/Tenderer) is required to establish their performance by way of trial as per trial scheme (attached). Such bidders shall submit the Tool Equivalency Undertaking. 2.2)
     1. Bidder must submit an u n d e r t a k i n g for the offered product(s)/ item(s) to be technically equivalent to tendered product(s)/item(s) along with the offer. In case an authorized agent is bidding on behalf of an OEM, then this undertaking for equivalency of the product from the OEM should be signed by OEM's authorized signatory. On non submission of this undertaking from the OEM, the offers shall be summarily rejected. 2.3)
     2. The trial of items under developmental order shall be as per attached trial scheme (attached document). The bidder shall also meet the requirements set out in clause 2.8 of section -II of MCF bid document version-26 dated 03.04.25.
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• The bidder shall also meet the requirements set out in clause 2.8 of section -II of MCF bid document version-26 dated 03.04.25 or latest with all corrigendums and amendments if any issued before tender closing..

Bidder has to quote Make/Brand along with offered "part Code" for each item of the set lists of the tendered item(s) in its offer.

Payment Terms

• 100% payment against receipt, inspection and acceptance of material by the consignee at destination.

Statutory Variation Clause

• 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.

Option Clause

• Purchaser reserves the right to increase the ordered quantities of each description of stores shown in the contract up to 30 percent at the same price, terms and conditions anytime during the currency of the contract i.e., any time within the stipulated or extended delivery period, such that the contractor has reasonable time/notice for executing such increase. The purchaser shall be entitled to exercise plus 30 percent option in one or more than one instalment as long as the total variation in quantity does not exceed the limit of 30 percent of ordered quantity.

Standard Governing Conditions

• The tender/contract shall be governed by latest version (along with all correction slips) of IRS Conditions of Contract, all other terms and conditions incorporated in the Tender Document, terms and conditions incorporated in the documents uploaded with the Tender Document and Bid Document Ver. 26 along with CS. In case of any contradiction in the terms and conditions, the order of precedence shall be the Tender Document, followed by the Special Conditions of Tender if any uploaded with Tender Document, followed by the related Specification/Drawing mentioned in/attached with Tender Document, followed by the Bid Document Ver. 26 along with CS, followed by latest version (along with all correction slips) of IRS Conditions of Contract. The Bid Document Ver.26 along with CS and IRS Conditions of Contract can be accessed by clicking the link VIEW IREPS DOCUMENTS on IREPS website.

Other Conditions

• BY Consignee against OEM GC & TC

• Warranty Clause 20.0 of Section -II of Bid Document Ver. 26 along with CS regarding warranty shall be applicable.

• 1. The bidders are advised that they should generate correct Context Type and File Description relevant to the tender for uploading the documents.
  2. The bidders are advised to upload only the correct documents. If the initial pages of the documents uploaded are not correct to the defined Context Type and File Description, the subsequent pages against the same Context Type may not be evaluated. The liability of naming the Context Type and File description along with uploading of correct documents lies with the bidders.

Special Conditions

• Pre decided split ordering as per Clause 18.0 of Section-I of Bid Document Ver. 26 shall be applicable.

• Firm qualifying for Development Order based on CCA shall be required to make the payment of prescribed fee to RITES and submit the application form in the prescribed format for carrying out CCA to the Purchaser along with the documentary proof of having submitted fees to RITES within 21 days of the issue of LOA. In case the same is not received within the aforesaid period, the LOA shall be cancelled as per terms and conditions of the tender unless the purchaser decides otherwise to extend the period.

• It will be presumed that the firms who have submitted the e-bid have gone through and accepted all the terms and conditions of tender, until and unless firms specify the deviations from those conditions and so indicated specifically, under the headings - "Technical Deviation Statement" and "Commercial Deviation Statements". And if space available is not adequate, tenderers can upload a Statement of Deviations and a reference of uploaded deviation statement shall be given in "Technical or Commercial Deviation Statement". If there is any contradiction between any techno commercial terms and conditions quoted in e-offer and documents attached along with the e- offer, the terms & conditions quoted in e-offer will prevail over that of quoted in attached documents. Tenderers in their own interest are advised not to quote any techno commercial terms & conditions in attached documents.