UNICONDYLAR KNEE REPLACEMENT IMPLANT WITH 40 GMS ANTIBIOTICBONE CEMENT

• 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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• Participation by Manufacturers is preferred. Agents/Dealers participating in tender on behalf of manufacturers must provide tender specific authorization (TSA) letter issued by the OEM. Bidders must upload above authorization letter with their offer failing which their offer will be summarily rejected.

  1. In a tender, either the authorized agent/dealer on behalf of the Principal/OEM or the Principal/OEM itself can bid, but both cannot bid simultaneously for the same item in the same tender. Further, against a particular tender, one Principal/OEM should not issue Tender Specific Authorization to more than one agent/dealer. Such offers are to be summarily rejected.
  2. If an authorized agent/dealer submits bid on behalf of the Principal/OEM, the same agent/dealer hall not submit a bid on behalf of another Principal/OEM in same tender for the same item/product and such bids will be summarily rejected.
  3. Trader/Authorized Dealer should mention name of Manufacturer, make and complete address in their bid for inspection of material at OEM works.
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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 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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• 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 GFR- 2017:-

  1. I have read the clause regarding restrictions on procurement from a bidder of country which shares a land 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. (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.
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• Vendors claiming to avail benefits and preferential treatment extended to Micro and Small Enterprises [MSEs] must necessarily upload relevant documents with their offer in terms of Clause 4.0 of Section II of CENTRAL RAILWAY BID DOCUMENT (Updated) JANUARY 2024. Vendors claiming MSE benefit, despite upward re- classification, must upload MSE document for the financial year not older than 03 years from the date of closing of tender to claim benefit/preferential treatment, otherwise status of such vendors shall not be considered as MSE.

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• Tenderers are advised to ensure that the materials are invariably stamped with manufacturers name, month and year of manufacturer as may be detailed in the drawing / specification of the material, so that warranty can be correctly acted upon.

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• Firm to mention drug standard on the strip or preparation to comply with IP/USP/BP/EP standard. Drugs /Products origin should have a certification stating free from HIV, Hepatitis B ,Hepatitis C on preparations such as Human globulin.

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• In case of the rates of items in P.O is more than Maximum retail price (MRP) mentioned in the packaging/ Product, consignee shall immediately write a letter to concerned purchase officer for issue of amendment for lower rates and bill should be passed only after receipt of amendment.

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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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Technical-Compliances

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

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• Tenderers should submit their offer as per Specification mentioned in tender Description

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• 1. Brochure/ composition of the offered product.
  2. tender specific Authority letter from the OEM.
  3. Snap shot of the product.
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General Instructions

• Penalties for misdemeanors Without prejudice to and in addition to the rights of the Purchaser to other remedies as per the Tender- 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 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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• 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 thetender 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 canaffect 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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• Ranking of offers will be arrived on FOR Destination basis only.

• 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.

• Liquidated Damages in delivery period extensions will be applicable as per Clause 15.0 of Section II of CENTRAL RAILWAY BID DOCUMENT (Updated) JANUARY 2024. Upper Limit for recovery of LD will be 10% (10 percent) of the value of stores delayed and not the value of contract.

• Benefits to Micro & Small Enterprises (MSEs) shall be as per Clause 4.0 of Section II of CENTRAL RAILWAY BID DOCUMENT (Updated) JANUARY 2024.

• Handling of warranty Rejections will be dealt as per Railway Board Letter No. 2022/RS(G)/779/7 dated 17.10.2022. (Annexure-20 ) along with amendments vide Railway Board Letter No. 2022/RS(G)/779/7 (E3390005) dated 26.10.2023 ( Annexure 22) along with amendments vide Railway Board Letter No. 2022/ RS(G)/779/7 (E3390005) dated 21.08.2024 and along with other amendments issued by Ministry of Railways as applicable from time to time.

Public Procurement Policy for Preference to Make in India shall be as per Clause 5.0 of Section II of CENTRAL RAILWAY BID DOCUMENT (Updated) JANUARY 2024.

Other Conditions

• CONSINGEE

Special Conditions

• Delivery is to be made on FOR Destination basis as per Clause 27.0 of CENTRAL RAILWAY BID DOCUMENT (Updated) JANUARY 2024 . Non compliance of the clauses specified in the bid document will lead to rejection of offer.

• Firm to ensure that their offer is as per tendered description.

• 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 fulfilment 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, each such instalment forms a severable contract. In case of failure by contractor to meet deliveries for any instalment, purchaser may cancel the contract for defaulted part by forfeiting SD commensurate to that instalment. 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 instructions.

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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 .

• Criteria for classification of enterprises based on investment and turnover vide Gazette Notification dated 26.06.2020, as amended time to time, issued by Ministry of Micro, Small and Medium Enterprises is applicable in the tender. In case, conditions contained in the above notification contradict with any of the tender conditions, conditions contained in the above notification, as amended, shall prevail in terms of Clause 4.4 of Section II of CENTRAL RAILWAY BID DOCUMENT (Updated) JANUARY 2024.

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

• UNLOADING OF MATERIAL Unloading of Material against non stock item to be arranged by supplier at consignee end and against stock PO to be arranged by consignee at their end.

• Any representation thereafter for DP re- fixation etc. shall be summarily rejected

• 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.

• 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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• Any representation thereafter for DP re- fixation shall be summarily rejected.

• Liquidated Damages in delivery period extensions will be applicable as per Clause 15.0 of Section II of CENTRAL RAILWAY BID DOCUMENT (Updated Latest). Upper Limit for recovery of LD will be 10% (10 percent) of the value of stores delayed and not the value of contract, irrespective of delays.Orders on developmental vendors shall be developmental orders and treated as such, specifically, with regard to applicability of liquidated damages for delayed supplies and levy of general damages as per Railway Board letter no No. 2001/RS(G)/779/7 Pt 2 dated 25.06.2018

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.