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Commercial-Compliance

• Bidders should confirm following certificate for Compliance.

  1. I have read the clause 32 of the conditions of SWR/MMD General Conditions Of Tenders For Supply Contract Dated: 06/10/2025 attached with the tender regarding restrictions on procurement from a bidder of a country which shares a land border with India and on sub-contracting to contractors from such countries.
  2. I certify that this bidder is not from such a country and will not subcontract any work to a contractor from such countries unless such contractor is registered with the Competent Authority. I also certify that this bidder will not offer any products/services of entity from such countries unless such entity is registered with the Competent Authority.
  3. I hereby certify that this bidder fulfils all requirements in this regard and is eligible to be considered.
  4. I hereby acknowledge that in the event of acceptance of my bid on above certificate and if the certificate is found to be false at any stage, the false certificate would be a ground for immediate termination of contract and further legal action in accordance with the Law. (Bidders confirming this certificate for Compliance shall select Yes in the Complied column. However, in case you do not confirm above certificate for Compliance, select NO in the complied column. In such cases you are required to submit the certificate for Compliance as per clause 32 of the conditions of SWR/MMD General Conditions of Tenders For Supply Contract D a t e d : 06/10/2025 along with their Bid/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.

Other Conditions

• Firm shall mention HSN Code of the item.

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• THE OFFERS FROM AUTHORIZED DEALERS/AGENTS OF OEM OF THE TENDERED ITEM SHALL COMPLY CLAUSE 9.1, 9.2.2 & 9.2.3 OF SWR TENDER CONDITION. OFFERS NOT COMPLYING THESE CONDITIONS WILL BE SUMMARILY REJECTED.BIDDERS SHOULD UPLOAD OEM DECLARATION/ TENDER SPECIFIC AUTHORISATION BY THE OEM ALONG WITH BID .

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Special Eligibility Criteria

• Supply should be as per tender description & specifications.

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.

Standard Governing Conditions

• IRS 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 schedule and tender document attached with this tender.

• General Conditions of Contract The contract shall be governed by latest version (along with all correction slips) of General Conditions of Contract, and all other terms and conditions incorporated in the tender documents.

General Instructions

• This Tender pertains to Office of the Chief Materials Manager, Construction Unit, South Western Railway (Behind Cantonment Railway Station) No.18, Millers Road, Bengaluru 560006. Ph. . 080-23332223

Other Conditions

• If Value less than 5 lakhs Inspection By CONSIGNEE in case of Indigenous supply and Inspection By CONSIGNEE against WTC/GC of OEM in case of imported supply. 2) If Value is 5 lakhs and above: By TPI in case of indigenous supply and By CONSIGNEE against WTC/GC of OEM in case of imported supply. In Case of Inspection By TPI, Firm should clearly mention the complete address for the place of Inspection.

• CONDITIONS FOR GST

  1. All the Bidders/Tenders should ensure that they are GST compliant and their quoted tax structure/rates are as per GST law.
  2. GST will be payable against documentary evidences. Firm to submit the invoice /bill clearly indicating the appropriate HSN and applicable GST rate thereon duly supported with documentary evidences.
  3. In case successful tenderer is not liable to be registered under CGST/GST/UTGST/SGST Acts., Railway shall deduct the applicable tax from their bills under reverse charge mechanism(RCM) and deposit the same to the concerned tax authority.
  4. The offers shall be evaluated based on the GST rate 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 HSN Number and corresponding GST rate. Purchaser shall not be responsible for any misclassification of HSN number or incorrect GST rate if quoted by the bidder.
  5. 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.
  6. Bidders are 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. 7 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. 8. Karnataka GST No.29AAAGM0289C1ZF.
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• GST Declaration Certificate A Declaration has to be submitted by the suppliers while claiming payments for the supplies made by them. The declaration is that "Any additional input tax credit benefit, if become available to supplier, the same shall be passed on to purchaser without any undue delay". The declaration should furnish the details of bill number & date, purchase order number & date against which payment is being claimed.

• DP Extension clause In case Firm fails to execute the contract within original delivery period, the purchaser will be entitled to impose Liquidated damages for extension of delivery period or may decide to cancel the contract by imposing General damages upto 5% value of unsupplied quantity by adjusting Security Deposit and recovery of the balance GD amount or may go for Risk purchase where security deposit has not been submitted. However, where Risk purchase is not tenable or could not be made after breach of contract, 5% General damage may be imposed while rescinding the contract. not tenable or could not be made after breach of contract, 5% General damage may be imposed while rescinding the contract.

• The purchaser reserves the right to discharge the tender in case Cartel is suspected or the tender/contract is not found to be advantageous/reasonable for railways.

• The tenderers should not merely quote Entry Tax or Toll Tax etc. extra, as the rates quoted without specific rates will not be considered, and if the same becomes applicable, the same have to be borne by the suppliers. Therefore, if the tenderers desire to claim such charges, they should quote specific rate of tax or duty.