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• 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 is not recommended].

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• Authorized agent quoting on behalf of a manufacturer shall not be exempted from remitting EMD, owing to any of the above exemptions as stipulated at Para 23.1 (a) to (i) of Clause 23.0 of Section II of CENTRAL RAILWAY BID DOCUMENT(Updated) January 2024.

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• An Indian Agent quoting in INR on behalf of a foreign Principal/OEM should submit a copy of Invoice/Proforma Invoice from OEM along with their offer as well as should undertake to furnish all import documents and should comply to Clause 22.0 of Section II of CENTRAL RAILWAY BID DOCUMENT (Updated) JANUARY 2024.

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• Bidders are advised to carefully review the contents of the undertaking/declaration prior to signing, as the submission of false information could lead to rejection of the bid.

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• All bidders shall confirm declaration as below in terms of Clause 5.15 of Section II of CENTRAL RAILWAY BID DOCUMENT (Updated) JANUARY 2024 in compliance of restrictions under Rule 144(xi) of GFR2017:-

  1. I have read the clause regarding restrictions on procurement from a bidder of country which shares all and border with India.
  2. I certify that this bidder is not from such a country or, if from such a country, has-been registered with the competent authority.
  3. I hereby certify that this bidder fulfils all requirements in this regard and is eligible to be considered.
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• Earnest Money Deposit (EMD) shall be as per Clause 23.0 of Section II of CENTRAL RAILWAY BID DOCUMENT (Updated) JANUARY 2024. EMD is compulsory and offers without EMD, except those exempted, will be summarily rejected. Vendors (other than those appearing on Vendor Panels of Approving Agencies) seeking exemption from EMD, shall have to attach scanned copy of requisite document alongwith offer in support of their claim for exemption, failing which their offer may not be considered eligible for exemption from EMD. An Authorised Agent quoting on behalf of a manufacturer shall not be exempted from remitting EMD owing to any of the exemption claimed. Bidders claiming exemption shall also be required to sign the bid securing declaration as follows:- I/We certify that, my/ our offer is eligible for exemption from submission of bid security/ Earnest Money Deposit, in terms of the tender conditions. In case my/our claim to exemption from submission of bid security/Earnest Money Deposit is not found valid as per terms of the tender, I/we understand and accept that Railways has unquestionable right to summarily reject my bid and my offer shall not be considered for ordering. Further, I/we hereby understand and accept that if I/we withdraw or modify my/our bids during the period of validity, or if I/we are awarded the contract and on being called upon to submit the performance security/Security Deposit, fail to submit the performance security/Security Deposit before the deadline defined in the request for bid document/Notice Inviting Tender, I/we shall be debarred from exemption of submitting Bid Security/Earnest Money Deposit and performance security/Security Deposit for a period of 6 (six) months, from the date I/we are declared suspended disqualified from exemption from submission of EMD/SD, for all tenders for procurement of goods issued by any unit of Indian Railways published during this period.

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• In case the successful tenderer is not liable to be registered under CGST/IGST/UTGST/SGST Act, the Railway shall deduct the applicable GST from his/their bills under Reverse Charge Mechanism [RCM] and deposit the same to the concerned tax authority.

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• Bidders to submit details of location(s) where local value addition is made. In case no details are furnished, it will be presumed that works address(es) of manufacturing in India are the location(s) of local value addition.

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(Where applicable, evidence of valid registration by the competent authority is attached).

If the bidder fails to give such declaration, as above, then it will be presumed that the contents of above declaration have been read and unconditionally agreed and accepted by the tenderer.

If any tenderer is not agreeable to this declaration they have to categorically mention about the disagreement in Techno- Commercial Deviation.

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.

Technical-Compliances

• Unapproved/New Vendors to ensure that they have attached relevant credentials i.e. Machinery and Plant, Testing Facilities, QAP, Technical Manpower, Current and Valid ISO Certificate etc. along with offer.

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• Code of lntegrity Purchaser as well as bidders shall not indulge in following prohibited practices, either directly or indirectly, at any stage during the tender process-

  1. Corrupt practice- making offer,solicitation or acceptance of a bribe,reward or gift or any material benefit, in exchange for an unfair advantage in the tender process or to otherwise influence the tender process.
  2. Fraudulent practice- any omission or misrepresentation that may mislead or attempt to mislead so that financial or other benefits may be obtained, or an obligation avoided. Such practices include a false declaration or false information for participation in a tender process or to secure a contract.
  3. Anti-competitive practice-any collusion, bid-rigging or anti- competitive arrangement, or any other practice coming under the purview of The Competition Act, 2002, between two or more bidders, with or without the knowledge of the Purchaser, that may impair the transparency, fairness, and the progress of the tender process or to establish bid prices at artificial,noncompetitive levels.
  4. Coercive practice-any coercion or any threat to impair or harm, directly or indirectly, any party or its property to influence the tender process.
  5. Conflict of interest (COl): any personal, financial or business relationship between the bidder and any personnel of the purchaser who are directly or indirectly related to the tender process, which can affect the decision of the purchaser directly or indirectly.
  6. Undue Advantage: improper use of information obtained by the bidder from the purchaser with intent to gain an unfair advantage in the tender processor for personal gain. This also includes if the bidder (or his allied firm) provided services for the need assessment/procurement planning of the tender process in which he is participating.
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• Obligations for proactive disclosures

  1. Purchaser as well as bidders are obliged under this Code of lntegrity to suo motu proactively declare any conflict of interest (coming under the definition mentioned above - pre- existing or as and as soon as these arise at any stage) in any Tender Process. Failure to do so shall amount to a violation of this code of integrity.
  2. Any bidder must declare, whether asked or not in a bid-document, any previous Transgressions of such code of integrity during the last three years or of being under any category of debarment by the Central Government or by the Ministry/ Department of the Procuring Organization from participation in Tender Processes. Failure to do so shall amount to a violation of this code of integrity

• Penalties for misdemeanors Without prejudice to and in addition to the rights of the Purchaser to other remedies as per the Tender- documents, if the Purchaser concludes that a (prospective)bidder directly or through an agent has committed a misdemeanor in competing for the tender the Purchaser shall be entitled, and it shall be lawful on his part to take appropriate measures, including the following, if his bids are under consideration in any procurement-

  1. Enforcement of Bid Securing Declaration in lieu of forfeiture or encashment of Bid Security,
  2. calling off of any pre-contract negotiations and,
  3. rejection and exclusion of Bidder from the Tender Process.
  4. ln addition to the above penalties, the Purchaser shall be entitled and it shall be lawful on his part to-
     1. File information against Bidder or any of its successors, with the Competition Commission of lndia for further processing, in case of anticompetitive Practices,
     2. lnitiate proceedings in a court of law against Bidder or any of its successors,under the Prevention of Corruption Act, '1988 (as amended) or under the Bharatiya Nyaya Sanhita,2023 (as amended) or any other law for transgression not addressable by other remedies listed in this sub-clause.
     3. Remove Bidder or any of its successors from the list of registered/approved suppliers for a period not exceeding two years. Suppliers removed from the list of registered/ approved vendors or their related entities may be allowed to apply afresh for registration after the expiry of the period of removal.
     4. Debar a bidder from participation in future to purchaser's procurements without prejudice to legal rights and remedies. Debarment shall automatically extend to all the allied firms of the debarred firm.
     5. The Ministry/ Department may debar a bidder or any of its successors from participating in any Tender Process undertaken by Purchaser for a period not exceeding two years commencing from the date of debarment for misdemeanours listed above. The Ministry/ Department shall maintain such a list which shall also be displayed on their website.
     6. Central Government (Department of Expenditure (DoE), Ministry of Finance)may debar a bidder or any of its successors from participating in any Tender Process undertaken for a period not exceeding two years commencing from the date of debarment for misdemeanours listed above. DoE shall maintain such a list which shall be displayed on Central Public Procurement Portal (CPPP).
     7. Any dispute or difference in respect of either the interpretation effect or application or the above condition or of the amount recoverable thereunder, shall be decided by the Purchaser,whose decision there on shall be final
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• Misdemeanors The following shall be regarded as misdemeanors-if a bidder,either directly or indirectly, at any stage during the tender process, commits any of the following misdemeanors-

  1. Violates the Code of integrity,
  2. Convicted of an offence under the Prevention of Corruption Act, 1988 (as amended) or under the erstwhile lndian Penal Code, 1860 (as amended) or under the Bharatiya Nyaya Sanhita, 2023 (as amended) or any other law for the time being in force for causing any loss of life or property or causing a threat to public health as pad of the execution of a public procurement Contract,
  3. Employs a government servant who has been dismissed or removed on account of corruption,
  4. Employs a non-official convicted of an offence involving corruption or abetment of such an offence, in a position where they could corrupt government servants,
  5. Employs a government officer within one year of his retirement who has had business dealings with him in an official capacity before retirement;
  6. ls determined by the Government of lndia to have doubtful loyalty to the country or national security consideration;
  7. Any other misdemeanor such as failure to abide by 'Bid securing declaration'.
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• In case of any change in statutory tax regime after date of closing of a tender, all the offers shall be evaluated as per tax regime as applicable on the date of closing of tender only.

• Vendors may upload with their offer "Performance Statement" of purchase orders received and supplies made to Railway for the tendered item during last 03 years, if any.

Other Conditions

• INSPECTION - By CONSIGNEE

Special Conditions

• GUARANTEE Guarantee/Warranty shall be as per Drawing/Specification. In case it is not given in Drawing/Specification, then Guarantee/Warranty shall be as per IRS conditions of contract.

• The tenderer 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]

• In case, the tenderers is a Micro or Small Enterprises (MSE), the tenderer shall also furnish the following details in their offer:

  1. The category of the tenderers:
     1. Whether vendor is Micro Enterprise or
     2. Whether vendor is Small Enterprise.
  2. Each of the above categories must further mention the sub-classification whether the tenderers is an enterprise
     1. Owned by Scheduled Castes (SC)
     2. Owned by Scheduled Tribes (ST)
     3. Owned by women.
     4. Owned by other than the above 3 categories.

• The tenderer agrees to supply the tendered stores at the rates quoted by him in accordance with the IRS Conditions of Contract and [or] special Conditions and [or] other Conditions specified/attached with the tender.

• GST CONDITION REGARDING HSN NUMBER GST Condition regarding HSN number of tendered item -

  1. It shall be responsibility of the bidders to quote correct HSN number and corresponding GST rate.
  2. The offers shall be evaluated based on the GST ate as quoted by each bidder and same will be used for determining the inter se ranking. While submitting offer, it shall be the responsibility of the bidder to ensure that they quote correct GST rate and HSN number.
  3. Purchaser shall not be responsible for any misclassification of HSN number or incorrect GST rate if quoted by the bidder.
  4. Wherever the successful bidder invoices the goods at GST rate or HSN number which is different from that incorporated in the purchase order;payment shall be made as per GST rate which is lower of the GST rate incorporated in the purchase order or billed.
  5. Vendor is informed that she/he would be required to adjust her/his basic price to the extent required by higher tax billed as per invoice to match the all inclusive price as mentioned in the purchase order.
  6. Any amendment to GST rate or HSN number in the contract shall be as per the contractual conditions and statutory amendments in the quoted GST rate and HSN number, under SVC.
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• RECIPROCITY CLAUSE Bidders may please note that- Entities of countries which have been identified by the Nodal Ministry/Department as not allowing Indian companies to participate in their Government procurement for any item related to that Ministry/Department shall not be allowed to participate in Government procurement in India for all items related to that nodal Ministry/Department, except for the list of items published by the Ministry/Department permitting their participation. The term entity of a country shall have the same meaning as in the FDI policy of DPIIT as amended from time to time.

• PRECEDENCE The following conditions and documents, in the order of precedence indicated below (from higher to lower), shall form an integral part of the contract.The order of precedence for the tender documents shall be as under:

  1. Valid and authorized amendments issued to the contract;
  2. Contract document (Purchase Order) and the Letter of Acceptance (LOA);
  3. Tender documents;
  4. Special tender conditions;
  5. Technical specifications as given in the tender documents;
  6. Drawings;
  7. IRS Conditions of Contract;
  8. General Tender Conditions /Instructions to Tenderer and
  9. Contractor's bid. In case of any conflict between the conditions of the above documents, the conditions of the document in the above order of precedence (i.e. higher to lower)shall prevail.
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• Bidder seeking exemption from submission of EMD in this tender, hereby understand, agree and declare following Bid Securing declaration " I/We certify that my/our offer is eligible for exemption from submission of bid security/ Earnest Money Deposit, in terms of the tender conditions. In case my/our claim to exemption from submission of bid security/ Earnest Money Deposit is not found valid as per terms of the tender, l/we understand and accept that Railways has unquestionable right to summarily reject my bid and my offer shall not be considered for ordering. Further, l/we hereby understand and accept that if l/ we withdraw or modify my/ our bids during the period of validity, or if l/ we are awarded the contract and on being called upon to submit the performance security/ Security Deposit, fail to submit the performance security/ Security Deposit before the deadline defined in the request for bid document/ Notice Inviting Tender, l/ we shall be debarred from exemption of submitting Bid Security/ Earnest Money Deposit and performance security/ Security Deposit for a period of 6 (six) months, from the date l/ we are declared disqualified from exemption from submission of EMD/SD,for all tenders for procurement of goods issued by any unit of Indian Railways published during this period.

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• The Purchaser shall be entitled and it shall be lawful on his part to forfeit the Security Deposit in whole or in part in the event of any default, failure or neglect on the part of the Contractor in the fulfillment or performance in all respects of the contract under reference or any other contract with the Purchaser or any part thereof to the satisfaction of the Purchaser and the Purchaser shall also be entitled to deduct from the said deposits any loss or damage which the Purchaser may suffer or be put by reason of or due to any act or other default, recoverable by the Purchaser from the Contractor in respect of the contract under reference or any other contract and in either of the events aforesaid to call upon the contractor to maintain the security deposit at its original limit by making further deposits, provided further that the Purchaser shall be entitled to recover any such claim from any sum then due or which at any time thereafter may become due to the Contractor under this or any other contracts with the Purchaser. Wherever the supplies are to be delivered in more than one instalment/lot, each such instalment/lot forms a severable contract. In case of failure by contractor to meet deliveries for any instalment/lot, purchaser may cancel the contract for defaulted qty by forfeiting SD commensurate to that instalment/lot. Apart from claiming damages from vendors, in case of failure to comply with the contractual obligations, Railways shall record poor performance of the vendors for taking suitable penal action as per extant instruction

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• Risk Purchase shall not be applicable and Clause 36.0 of Section II of CENTRAL RAILWAY BID DOCUMENT (Updated) JANUARY 2024 is deleted. Wherever SD has been exempted, for any reason, and the supplier fails to supply goods as per conditions of the contract, as amended from time to time, purchaser shall have the right to levy damages on the supplier for failing to comply with the contractual conditions, not by way of penalty, an amount equal to SD amount,as would have been applicable if the contract was with a non-exempted vendor. These damages shall be treated as recoveries outstanding against the vendor and dealt with accordingly in terms of Clause 24.7 of Section II of CENTRAL RAILWAY BID DOCUMENT (Updated) JANUARY 2024.

• Technical and Commercial Deviations, if any, must be quoted in relevant column specified while submitting the bid. Any deviation in offer quoted anywhere else in the tender or in uploaded documents,shall be ignored and contract shall be placed after ignoring such deviations,which will be binding on the firm.

• Firm must carefully examine the contents of PO and in case of any discrepancy noticed, shall make a representation within 7 days from the date of PO. Any representation thereafter for DP re- fixation shall be summarily rejected.

Technical-Compliances

• Firm must quote monthly supply rate of the tendered item. The delivery schedule mentioned in the tender schedule may be considered in this regard.