invitation to tender government of india (bharat...

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INVITATION TO TENDER GOVERNMENT OF INDIA (BHARAT SARKAR) MINISTRY OF RAILWAYS (RAIL MANTRALAYA) (RAILWAY BOARD) NO.2015 RR 520 MG TC Dated: 19.02.2015 To M/s _________________________, _________________________, On behalf of the purchaser viz. President of India, Electronic tender are invited for the supply of the stores detailed in the schedule to tender attached. Complete set of tender document is available on the Indian Railways e-procurement side www.ireps.gov.in. 2. The conditions of contract which will govern any contract made under this tender will be as follows: - i) Indian Railways Standard Conditions of Contract as amended to date. ii) Instructions to tenderers attached. iii) Conditions in the Schedule to tender. iv) Special conditions to this invitation to tender (Annexure I) attached &/or conditions agreed mutually. 3. It will be presumed that the firms who have submitted the e-bid along with tender cost, have gone through all the terms and conditions of tender thoroughly and accept IRS conditions of contract and Special conditions to this invitation to tender until and unless firms specify the deviations from terms and conditions of tender and IRS conditions of contract in their quotations. 4.0 Tender Documents and Tender Cost: 4.1 (i) Tenderers are expected to upload their bids after depositing the requisite cost towards tender document. It is therefore advised that evidence of payment of tender document cost is kept handy, before attempting submission of e-bid. (ii) Tender cost can be paid by submitted a Bank Draft drawn on any Nationalised Bank in favour of the FA&CAO of any of the 16 Zonal Railways payable at their respective headquarters or by cash deposit to them. Scanned copy of the receipt in support of depositing the tender cost may be uploaded with the e-bid. The original receipt should be submitted personally or sent through Registered Post/Speed Post to Executive Director Railway Stores(C), Railway Board, Rail Bhavan, New Delhi-110 001 duly indicating the Name of Tenderer, Tender No. and Due date on the reverse of the receipt. They should also superscribe “Cost of Tender Document for Electronic Tender No.2015 RR 520 MG TC and closing date 30.03.2015 and time 14.30 hours” on the envelope.

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Page 1: INVITATION TO TENDER GOVERNMENT OF INDIA (BHARAT …indianrailways.gov.in/railwayboard/uploads/directorate/stores/RS(POL)/POL_Coverage/520...1. On behalf of President of India, Ministry

INVITATION TO TENDER

GOVERNMENT OF INDIA (BHARAT SARKAR)

MINISTRY OF RAILWAYS (RAIL MANTRALAYA)

(RAILWAY BOARD)

NO.2015 RR 520 MG TC Dated: 19.02.2015

To

M/s _________________________,

_________________________,

On behalf of the purchaser viz. President of India, Electronic tender are invited for the

supply of the stores detailed in the schedule to tender attached. Complete set of tender document is

available on the Indian Railways e-procurement side www.ireps.gov.in.

2. The conditions of contract which will govern any contract made under this tender will be as

follows: -

i) Indian Railways Standard Conditions of Contract as amended to date.

ii) Instructions to tenderers attached.

iii) Conditions in the Schedule to tender.

iv) Special conditions to this invitation to tender (Annexure I) attached &/or conditions

agreed mutually.

3. It will be presumed that the firms who have submitted the e-bid along with tender cost,

have gone through all the terms and conditions of tender thoroughly and accept IRS conditions of

contract and Special conditions to this invitation to tender until and unless firms specify the

deviations from terms and conditions of tender and IRS conditions of contract in their quotations.

4.0 Tender Documents and Tender Cost:

4.1 (i) Tenderers are expected to upload their bids after depositing the requisite cost

towards tender document. It is therefore advised that evidence of payment of tender document

cost is kept handy, before attempting submission of e-bid.

(ii) Tender cost can be paid by submitted a Bank Draft drawn on any Nationalised Bank

in favour of the FA&CAO of any of the 16 Zonal Railways payable at their respective

headquarters or by cash deposit to them.

Scanned copy of the receipt in support of depositing the tender cost may be uploaded with

the e-bid. The original receipt should be submitted personally or sent through Registered

Post/Speed Post to Executive Director Railway Stores(C), Railway Board, Rail Bhavan, New

Delhi-110 001 duly indicating the Name of Tenderer, Tender No. and Due date on the reverse of

the receipt. They should also superscribe “Cost of Tender Document for Electronic Tender

No.2015 RR 520 MG TC and closing date 30.03.2015 and time 14.30 hours” on the envelope.

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4.2 Any manual offers found enclosed in the envelopes containing

instruments/documents towards payment of Tender Cost will be treated as invalid offers and

will not be considered.

4.3 Manual offers shall NOT be accepted against E-Tenders, even if they submitted

on the firm’s letterhead/any other form acquired or downloaded, and submitted before

closing time. All such manual offers shall be considered invalid offers and shall be rejected

summarily without any consideration.

5.0 Filling of E-Tenders

5.1 Tenders should be duly filled in (on the assigned space), duly signed with the

digital signature and submitted online. All mandatory field marked (*) have to be filled by

the renderers.

5.2 Tenders must fill-in the techno-commercial offer form (consisting of eligibility

criteria, terms and conditions, performance statement, deviation statement & special

conditions etc.), financial offer form and attach scanned copy of necessary documents.

5.3 All the mandatory fields of the techno-commercial offer form & financial offer

form (i.e. Rate page) including basic rate, all taxes and duties (including maximum

percentage of Sales Tax/VAT and Excise Duty), or any other taxes/duties which may become

applicable during the currency of the contract, freight upto destination and any other charges

have to be filled up by the vendor. The unit of rate shall be as indicated in the tender

schedule and cannot be altered by the vendor. All inclusive rates of FOR destination basis

shall be automatically calculated by the system and shown to the vendor before submission

of offer (Screenshot/print screen will not be taken as proof of having submitted the same

rate).

6.0 Bid Submission

6.1 E-bid along with the relevant documents must be uploaded and digitally signed

with the digital signature of the pre-authorized personnel of the tenderer already registered

with the IREPS website. Digital signature used must be “Class IIIB with Company Name”

obtained from G.O.I. approved Certifying Authority,

6.2 Tenderers must look out for NIT for as soon as it is available in IREPS website

and upload their offer well in advance without waiting for closing date and time, to avoid last

minute hassles in their own computer system or communication line. Purchaser will not be

responsible for non-participation of vendors due to any technical problems on the day of

tender closing time.

6.3 Only bids received in the Electronic tender box available on the Web Site

www.ireps.gov.in will be considered.6.4 The e-procurement system does not permit

submission of any offer after the closing date and time of that e-Tender. Hence, there is no

scope of any Late/Delayed offers in the online bidding process.

…..3/

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7.0 Tender Opening

7.1 Electronic tender boxes will be opened only after stipulated closing date and time

of the tender as shown in the IREPS Website.

7.2 Electronic tender boxes will be opened by minimum two authorized Railway

officials using their secured digital permissions, passwords and digital private keys obtained

from GOI approved certifying agencies. The icon will indicate that the tenders have been

opened.

7.3 Vendor shall not be required to be present in the Railway Board office for any e-

Tender opening process. They can obtain totally transparent bid tabulation statement by

logging on the IREPS website after tender opening.

7.4 All the participating vendors who have submitted valid electronic offers can view

their own offer details as well as the tender tabulation statement after tender opening, from

any remote location using internet access by visiting the web site www.ireps.gov.in instantly

after opening of the virtual tender box, by clicking on the icon.

7.5 The purchaser does not guarantee opening of the tenders immediately after the

closing date and time due to reasons beyond its control and hence tenders can be opened after

the due date and time also. It will however, be ensured that no offers are submitted after

tender closing date and time. Vendors cannot submit/modify any offer or attach any file to it

after the closing date and time as stipulated in the tender notice. System does not permit any

alteration, modification, deletion of any entry or condition, offered by the renderer in the e-

tender, after closure of the virtual tender box.

8.0 Firms are advised to ensure that address furnished by them for getting digital

signature from accredited agencies are same as that furnished to and available with the

centralized source approving authorities such as RDSO. They are further advised that while

registering themselves in the IREPS website for participation in E-procurement system, the

same address as above is filled up, to avoid any vitiation of information and consequent

impairment in their credentials.

9.0 E-tender form is not transferable.

10.0 Appendices ‘A’ to I’ may also be read carefully & complied.

(Rajiv Kad)

Director, Railway Stores (POL)

Railway Board.

For & on behalf of the President of India

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OFFER-FORM

NO. 2015 RR520MG TC

From:_________________________ Telegraphic Address

_________________________ Telephone Nos.:

_________________________ (Works)_____________________

(Res.)_______________________

(Mobile)_____________________

FAX No._______________________

To

DIRECTOR RAILWAY.STORES (POL)

RAILWAY BOARD,

ROOM NO.156 / 15, RAIL BHAVAN,

NEW DELHI-110001

Dear Sirs,

1. I/We hereby offer to supply the stores detailed in the schedule hereto or such portion there-

of as you specify in the acceptance of tender at the price given in the said schedule.

2. I/We agree to keep our offer valid for acceptance for a period of 150 days from the date of

opening and shall be bound by a communication of acceptance dispatched within the prescribed

time.

3. I/we have read and understood the instructions to tinkerers, IRS conditions of contracts as

amended to date and conditions in the schedule to tender and have also thoroughly examined the

relevant specifications and are fully aware of the nature of the stores required and undertake to

supply the stores strictly in accordance with the requirements.

Yours faithfully,

(Signature of Tenderer)

Date_________________ Name(in Block letters:)______________________________

Capacity in which tender is signed_____________________

Address of firm in full: M/s __________________________

__________________________

Signature of witness

Name and address

__________________________

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Schedule to Tender

Price per set: Rs. 10,000/-

GOVERNMENT OF INDIA (BHARAT SARKAR)

MINISTRY OF RAILWAYS (RAIL MANTRALAYA)

(RAILWAY BOARD)

SCHEDULE TO ADVT. TENDER

NO.

TIME & DATE OF CLOSING OF

TENDER

NO.2015 RR 520 MG TC

14.30 Hrs on 30.03.2015

OFFER SHALL REMAIN OPEN FOR

ACCEPTANCE UP TO

26.08.2015

Item Quantity Rates

(Rs per Ltrs)

No. of

tender

Description of stores (in Ltrs.)

(Approx.)

in

figures

in words

(1) (2) (3) (4.A) (4.B)

Servo RR 520 MG of M/s IOC

MAK RR 517 M of M/s BPC

HPRR 817 M of M/s HPC

or equivalent conforming to

relevant specifications as

approved by RDSO.

69, 18,000 (Bulk)

10, 12,000 (Packed)

Total=79,30,000 Ltrs.

NB:

1. Brands which are approved by RDSO are only eligible for consideration.

2. Supplies are required in packed condition (200/210 Ltrs drums) & in bulk by

tank wagons/tank lorries etc. Estimated requirement of different zonal Railways is

given in annexure-II.

3. Price should be quoted both in words as well as in figures. Any ambiguity may

result the offer liable to be ignored.

4. Please refer to IRS Conditions of Contract & Instructions to Tenderers attached.

5. Tender is not transferable

6. Evaluation of offers: Inter-se ranking of offers will be evaluated based on FOR-

destination rate for bulk and packed supplies separately.

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TABLE- ‘A’

1 Delivery terms(F.O.R Destination)

2 Discount, if offered

3 Is Sales Tax /Vat extra@

4 If so, indicate rate and nature of ST/VAT

5 Is excise duty inclusive/exclusive@ :

6 Indicate the rate of Excise Duty along

with assessable value :

7 DELIVERY PERIOD

(See clause No.4 of “Special Conditions

of Tender”)

The Stores are required on RGC basis

during the period from 01.06.2015 to

31.05.2016/one year from the date of

placement of contract.

8 After placement of contract the delivery

will commence within

__________months

9 Monthly rate of supply KLs per month

10 After placement of contract the delivery

will be completed within

________months

11. Payment Terms*

12 Whether earnest money deposited (If no,

reasons)

(See clause No. 14 of “Instructions to

tenderers”)

13 Whether ready to deposit Security money.

(If no, reasons)

(See clause No. 15 of “Instructions to

tenderers”)

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14 PV Clause : Whether you agree for the

PV Clause mentioned vide clause 10.1 of

tender document. If yes, please furnish

base value for the following parameter;

Base month : Dec.’2014

BOQ: International price of base oil

SN500.

CUSDUTYQ : % age custom duty.

EXRATEQ, : Average RBI reference

exchange rate.(Rs per US dollar).

* IRS conditions may please be referred, read with clause 9 of Special Conditions of tender.

@In case ST/VAT/ED is quoted extra as applicable without indicating the actual/applicable

rate of ST/VAT/ED, the offer shall be evaluated for comparison purpose by loading

maximum rate of ST/VAT/ED/ on the same.

(Signature of Tenderer)

Date_________________ Name in Block letters:______________________________

Capacity in which tender is signed____________________

Address of firm in full: M/s. ______________________

________________________

________________________

Signature of witness

Name and address

__________________________

___________________________

___________________________

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INSTRUCTIONS TO TENDERERS

General instructions:

1. On behalf of President of India, Ministry of Railways, (Rail Mantralaya), (Railway Board),

New Delhi, India (hereafter referred to as the Purchaser), invites tender from established and

reliable manufacturer for the supply as set forth in the “Schedule of requirements”

1.1 All information in the offer must be in English. Information in any other language must be

accompanied by its authenticated translation in English; failure to comply with this may render the

offer liable to be rejected. In the event of any discrepancy between an offer in a language other

than English and its English translation, the English translation will prevail.

2. Stores are required at: Various consignees of Railways spread all over India.

3. Indentor: Various indentors of Indian Railways.

4. Method of Purchase

To conclude Running Contract by inviting offer through ‘Advertised E-Tender’.

5. Qualifying Requirements Of Tenderers

5.1 The tenderer shall provide satisfactory evidence acceptable to the Purchaser to show that

(a) he is a licensed manufacturer who regularly manufactures the items offered and has

adequate technical knowledge and practical experience;

(b) he has adequate financial stability and status to meet the obligations under the contract for

which he is required to submit report from a recognized Bank or a financial institution;

(c) he has adequate plant and manufacturing capacity to manufacture and supply the items

offered within the delivery schedule offered by him.

(d) he has an established quality control system and organization to ensure that there is

adequate control at all stages of all manufacturing process.

5.2 For the purpose of para 5.1 the tenderers should additionally submit:

(a) a performance statement as in Appendix-B, giving a list of major supplies, effected in the

recent past of the items offered by him, giving details of the Purchaser’s name and address, order

No. and date and the quantity supplied and whether the supply was made within the delivery

schedule.

(b) a statement indicating details of production capacity & equipment employed and quality

control measures adopted as in Appendix-C, D & G.

…2/-

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5.3 In addition to above, further information regarding his capacity/capability, if required by

the Purchaser shall promptly furnished by the renderer.

Renderer not submitting the requisite information may note that his offer is liable to be

ignored.

6. Time Schedule

6.1 The basic consideration and the essence of the contract shall be the strict adherence to the

time schedule for the supply of item/items offered.

6.2 The time and the date specified in the contract for the delivery of the stores and

equipment shall be deemed to be the essence of the contract and the delivery must be completed

not later than the date so specified. The attention of the renderers is invited to clauses no. 700

regarding liquidated damages and default in the I R S Conditions of Contract by which the

contract shall be governed.

i) In case of failure on the part of supplier to arrange supplies as per the delivery schedule/

installments fixed in advance, save force majeure conditions or delays attributable to purchaser,

the purchaser reserves the right to levy liquidated damages which shall be levied as under:

Liquidated Damages & not by way of penalty, a sum equivalent to 2%(Two percent) of

the price of any stores (including elements of taxes, duties, freight etc.) which the

contractor has failed to deliver within the period fixed for delivery in the contract or as

extended for each month or part of a month during which the delivery of such stores may

be in arrears where delivery thereof is accepted after expiry of the aforesaid period,

subject to a maximum of 10% of value of the delayed supplies.

6.3 Upper limit for recovery of liquidated damages in supply contracts will be 10%

(TEN PERCENT) of value of delayed supplies irrespective of delays, unless otherwise provided,

specifically in the contract.

7. Right of Acceptance

7.1 The purchaser reserves the right to place order for a part quantity. The purchaser reserves

the right to reject any or all the tenders, without assigning any reason whatsoever, and its

decision will be final.

7.2 The purchaser may consider for acceptance the alternative specifications duly approved by

the competent authority which ensure equal or higher quality than this specification mentioned in

the tenders specifications. However, the decision of purchaser in this regard shall be final. In

this connection, attention of tenderer is invited to the “Statement of deviations” from tender

specifications (Appendix E) which should invariably be filled and submitted along with the offer

and further two copies of the alternative specifications offered should be sent along with offer.

…3/-

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8. SPLIT ORDERING

The Purchaser reserves the right to distribute the procurable quantity on one or more

of the eligible tenderers. Zone of consideration of such eligible tenderers will be the right of

the Purchaser.

8.1 The Railways (purchaser) would prefer allocation of RCD to the firm at such location

from where supplies are being drawn by virtue of having provided bulk storage-cum

Dispensing facilities or have been traditionally supplying RR-520 MG oil for the past many

years or have agreement for the supply. However Railways reserve the right to allot such

RCDs which are free from assured off take guarantee (in terms of Railway Board letter

No.2000/Fuel/282/7 dt. 23.1.2003, to any of the tendering firm subject to;

(i) such firm fulfills tender eligibility criteria.

(ii) whose offer price is more economical to Railways as compared to the offer price of the

firm which has installed the RCDs/ storage tanks –cum-dispensing facility.

(iii) Such firm will be required to pay an “Annual Usage Charges” as determined by

Railways from time to time in terms of clause 28 of special conditions of tender.

(iv) Such firm will be required to undertake the proper maintenance of storage-cum-

dispensing facilities as detailed in clause 27 of the special conditions of tender.

9. Performance Statement

i) All tendering firms who have got orders from Railways or Railway Board or from

other govt. agencies should furnish their performance as on the last day of month preceding

the date of opening of tenders, (Appendix-’B’) in the proforma, failing which their offer is

liable to be ignored.

(ii) Tenderness should also furnish the following particulars in their tenders:

(a) Total Quantity and value of the orders received from Railways in the period, three

years preceding the month of opening of this tender.

(b) Total Quantity and value of quantity supplied in the period mentioned in (a ) above.

(c) Reasons for non-acceptance of balance quantity.

(d) Total Quantity and value of the Quantity supplied in the period mentioned in

(a) above.

(e) Balance Quantity to be supplied.

(f) Reasons for the backlog.

iii) The performance of the firms holding the current RGC will also be considered for the

fresh RGC, if otherwise eligible against this tender enquiry.

…4/-

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10. Price

10.1 Tenderers are required to quote price subject to price variation as per the following PV

formula:

P1=PQ +0.835x (BO1 *EXRATE1*(1 + CUSDUTY 1/100) –

BOQ *EXRATEQ *(1 +CUSDUTY Q/100 ))

*0.8977x0.001

Where

P1= Basic price of finished product applicable for a quarter in Rs/Ltr

PQ =Basic price of finished product in the previous quarter in Rs/Ltr.

BO1,CUSDUTY1= International price of base oil SN 500 on FOB Asia(Export) basis in

USD/MT as per average ICIS LOR quote for the first 2 weeks of the month preceding the

quarter & %age customs duty at that time.

BOQ,CUSDUTYQ =International price of base oil SN500 on FOB Asia

(Export)basis in USD /MT as per average ICIS LOR quote for the first 2 weeks of the month

preceding the previous quarter & %age customs duty at that time.

A quarter is to be taken as Q1 ( January – March), Q2 (April - June)

Q 3 ( July – September) and Q4 (October - December)

EXRATE 1, EXRATE Q

Re/USD Exchange Rate Average RBI reference exchange Rate in the site

(http:/www.rbi.org. in/home.aspx) for the first two

Fridays of the month (Reference ICIS LOR quotes)

preceding the quarter. In case rates are not published

for the said day, the immediate preceding published

figure will be considered.

MT/KL conversion factor= 0.8977

KL/Ltr conversion factor= 0.001

10.2 The prices quoted must be net per litre and must include all charges e.g. siding &

shunting, packing, forwarding and delivery charges etc.

10.3 The tenderers should quote rates on F.O.R. destination basis.

10.4 The purchaser shall, however, not be responsible for the payment of tax or duty made by

the supplier under mis-apprehension of law.

10.5 All prices and other information like documents etc., having a bearing on the price shall

be written both in figures and words in the prescribed offer - form. It may however be noted that

conditional discounts are liable to be ignored for comparison of offers.

…5/-

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10.6 Whenever tender enquiry is for more than one item, the prices must be stated for each

item separately.

10.7 The price quoted by the tenderers should take into account the credit availed on inputs

under the CENVAT scheme, introduced with effect from 1.4.2000. The tenderer should give

a declaration that any set off in respect of duties on inputs (as admissible under law), is being

totally and unconditionally passed on to the purchaser, in the prices quoted.

10.8 In the event of additional CENVAT credit being extended by the Government of

India, to cover items ordered against present tender, the same shall be passed on to the

purchaser. The bill for payment should accompany the following certificate:-

(a) We hereby declare that no additional CENVAT benefit has accrued to us beyond what

has already been taken into account while submitting our offer & incorporated in the rates

shown in the contract.

b) We hereby declare that the additional CENVAT benefit of Rs. ....... per litre/kg has

accrued to us beyond what was taken into account while submitting our offer & incorporated

in the rates shown in the contract. We are passing on the same to the purchaser & the bill has

been prepared accordingly.

11. Taxes and Duties :

(i) The tenderers should quote separately the taxes and duties applicable. The

concessional taxes & duties for sale to Government organisation (Railways}where

ever applicable against concessional forms to be specified clearly.

(ii) All the offer shall be evaluated as per tax regime as applicable on the date of

tender opening.

12. Octroi Duty, Terminal Taxes & Local taxes

12.1 Normally materials supplied to the government Departments against Government

contract(s) are exempted from the levy of town duty, Octroi duty, terminal taxes and the local

taxes and duties imposed by the Municipalities, Cantonment Board and other Local Bodies.

The Municipal/Local Body regulations at times, however, provide for such exemption only

on production of an exemption certificate from an authorised officer.

12.2 Contractors should ensure that the stores ordered against contracts placed by this

office are exempted from levy of town duty, octroi duty, terminal tax or other local taxes and

duties, whenever required, they should obtain the Exemption Certificate from the concerned

consignee or indentor to avoid payment of Local Taxes or Duties.

12.3 The purchaser will however not be responsible for the payment of tax or duty made

by the supplier under mis-apprehension of law.

12.4 Octroi, if levied, shall be borne by supplier.

..6/-

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13. Depot charges

The rates should be quoted inclusive of depot charges.

14. Tender Documents & Submission of Offer

14.1 Tenderers are required to answer all the questions mentioned in the attached Appendices

‘A’ to ‘H’ and should return the same and this schedule along with offer form, duly filled-in and

signed.

14.2 In case the tenderer is an agent of a manufacturer, he must clearly indicate the same and

also enclose a certificate from manufacturer in this regard. Complete address of the works of the

manufacturer where the equipment will be offered for inspection should be indicated in the offer.

In such a case, the past performance of the manufacturer should be indicated along with the

details of machinery & plant etc. It may please be noted that failure to do so, may result in

disqualification of the tender.

14.3 Tenderers must indicate deviation if any from the T/E Specifications in the Proforma

Appendix 'E' attached. In case there are no deviations then this should be confirmed specifically.

If nothing is added it will be assumed that stores conform to tendered description &

specifications in full.

14.4 The offers should remain open for a period of 150 days (incl. the date of opening of

tenders). In absence of any mention to the contrary, the offers will be presumed to be valid for

the above period. It may be noted that offers will lesser validity may get disqualified.

14.5 Printed terms and conditions of the tendering firms not appearing in the body of tender

shall not be considered as forming part of the tender, unless specifically stated so in the body of

the tender. It may clearly be understood that deviations from IRS conditions of contract are

neither appreciated nor generally accepted and offers with deviations are liable to be ignored.

15. EARNEST MONEY

15.1 The earnest money deposit (EMD) shall be taken from all Tenderers against advertised

tenders subject following exemptions:-

a) Vendors registered with NSIC upto monetary limits of their registration for the items

tendered.

b) Vendors registered with Railways upto the monetary limits of their registration for the

items tendered/trade groups of the items tendered.

c) Vendors on approved list of RDSO/PUs/CORE/Railways etc for those specific items for

which they are on approved lists.

d) Manufacturers and their accredited agents.

e) Other Railways, Government Departments

…7/-

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15.2 The amount of EMD to be taken in advertised tenders, wherever applicable will be 2% of

the estimated tender value subject to an upper limit of :

a) Rs 5 lakhs for tenders valuing upto Rs. 10 crores; and

b) Rs. 10 lakhs for tenders valuing above Rs. 10 crores.

15.3 The Earnest Money can be deposited in any one of the following alternative forms:

i) A crossed bank draft or pay order issued by a Nationalised/Scheduled

Commercial Bank drawn in favour of FA & CAO/Northern Railway payable

at New Delhi.

ii) Bank Guarantee covering the requisite amount from any of the

Nationalised/Scheduled Commercial Banks, in favour of FA&CAO of any zonal

Railways in the format enclosed at Appendix 'H'.

15.4 The earnest money shall be valid and remain deposited with the purchaser for the period

of 180 days from the date of tender opening. If the validity of the tender is extended, the validity

of the Bank Guarantee/or any other document submitted in lieu of Earnest Money will also be

suitably extended by the tenderer, failing which the tender after the expiry of the aforesaid period

shall not be considered by the purchaser.

15.5 No interest shall be payable by the Purchaser on the earnest money.

15.6 The earnest money deposited is liable to be forfeited if the tenderer withdraws or amends,

impairs or derogates from the tender in any respect within the period of validity of his tender.

15.7 The earnest money of the successful tenderer shall be returned after the security deposit

as required in terms of the contract is furnished by the tenderer.

15.8 If the successful tenderer fails to furnish a security deposit levied for due performance of

contract, as required in the general terms and conditions of the contract, within the stipulated

period, the earnest money shall be liable to be forfeited by the Purchaser.

15.9 Earnest Money of all the unsuccessful tenderer shall be refunded by the Purchaser as

early as possible after the expiry of the bids validity. Tenderer are advised to send a pre

receipted challan along with their bids so that refund of earnest money is made in time.

15.10 Earnest money deposited should be valid for 45 days beyond the final bid validity period.

15.11 i) Earnest money deposited of the unsuccessful bidder shall be returned to them within 30

days after expiry of final bid validity.

ii)Earnest money deposited shall be refunded to the successful tenderer on receipt of

Security money.

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15.12 Any tender not accompanied by Earnest Money in one of the approved forms acceptable

to the Purchaser is liable to rejected.

16. SECURITY DEPOSIT

16.1 The security deposit shall be taken from all the firms for contracts for items other than

safety items placed against advertised tender and global tenders subject to following exemptions:

a) Vendors registered with NSIC upto monetary limit of their registration for the items

ordered.

b) Vendors registered with Railways upto monetary limit of their registration for the items

ordered/trade groups for items ordered or vendors on approved list of RDSO/PUs/CORE/

Railways etc for those specific items for which they are on approved list or other Railways, Govt.

Department on their specific request and on merits of the case as considered by the tender

committee.

16.2 The usual security item should however be taken in case the contracts are placed on

unregistered/unapproved firms or for items for which a particular firm is not registered/approved.

16.3 The amount of Security Deposit to be taken, whenever applicable, will be 10% of the total

value of contract subject to ceiling of Rs. 10 lakhs for the contracts valuing upto Rs. 10 crores and

Rs. 20 lakhs for the contracts valuing above Rs. 10 crore.

16.4 Security deposit should remain valid for a minimum period of 60 days beyond the date of

completion of all contractual obligations of suppliers.

16.5 After completion of all contractual obligations Security Deposit will be refunded to the

successful supplier within 60 days.

16.6 The proforma for submission of Bank Guarantee is enclosed Appendix-‘I’.

17. Registration Status;

Tendering firms should clearly indicate whether they are registered with

RDSO/DGS&D/Defence (DGQA)/NSIC for the tendered stores, if so, they should indicate their

registration number along with monetary limit. A copy of registration/approval should be

enclosed with the tender.

18. Free bulk storage-cum-dispensing facilities (applicable for supplies in Bulk only):

“ The oil companies should specify the minimum quantity of (Engine Oil RR-520 MG for Diesel

Locos) required to be procured (over a time frame) from them against which they agree to provide

a bulk storage cum dispensing facility free of cost at location, to be decided by the Railways.

After the supply of specified quantity of Engine Oil RR-520 MG, this facility will become the

property of Railways without any further binding to use this facility for storage of only that

Company’s product, which has provided it.”

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19. IMPORTANT INSTRUCTIONS

19.1 In case tenderer wants to furnish any other relevant information, the same can be furnished

in a separate covering letter.

19.2 Withdrawal of any slab rates after opening the tender may render the entire offer invalid

and invite administrative action which may result in banning of business dealing with

firms/suppliers employing such practices.

19.3 Wherever all or most of the approved firms quote equal rates and cartel formation is

suspected, Railways reserve the right to place order on one or more firms with exclusion of the

rest without assigning any reasons thereof.

19.4 Firms are expected to quote for a quantity not less than 50% of tendered quantity. Offers

for quantity less than 50% of tendered quantity will be considered unresponsive and liable to be

rejected in case cartel formation is suspected. Railways, however, reserve the right to order on

one or more firm any quantity.

19.5 The firms who quote in cartel are warned that their names are likely to be deleted from the

list of approved sources.

20. SIGNING OF TENDER:

20.1 Individual signing the tender and other documents connected with this tender must specify

whether he is signing as

i) A sole proprietor of the firm or constituted attorney of the sole proprietor.

ii) A partner of the firm having authority to quote and refer to arbitration disputes, in case of

partnership firm either by virtue of partnership agreement or a power of attorney Constituted

Attorney in case of Company.

20.2 In case of (ii) above a copy of partnership agreement and power of attorney attested by

Notary Public should be furnished or Affidavit on stamped paper of all the partners admitting

execution of the partnership agreement of the general power of attorney should be furnished.

20.3 In case of partnership firms, where authority to refer disputes has not been conferred on

any of the partner, the tender and the related documents should be signed by all the partners of the

firm.

20.4 A person signing the tender form or connected documents forming part of the contract

shall be deemed to have the authority as indicated earlier. If on enquiry, it is found that the

person so signing had no authority to do so, the purchaser, without prejudice to other Civil and

Criminal remedies cancel the contract and hold the signatory liable for all costs and damages.

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21. Communication of Acceptance.

(a) Acceptance by the purchaser will be communicated by Fax/express letter of acceptance

or formal ‘acceptance of tender.’ In case where acceptance is communicated by fax or express

letter, the formal acceptance of tender will be forwarded to you as soon as possible but the

instructions contained in the fax or express letter should be acted upon immediately.

(b) The concluding contract will be governed by the IRS conditions of contract. If any

departure or substitution from the particular specification is involved, this should be early

indicated in. The tenderer shall furnish his acceptance or otherwise against each clause & sub-

clause of IRS / General and special conditions of the tender. It may be clearly understood that

deviation from Indian Railway Standard Conditions of contract are generally not accepted & so

offers with deviations to IRS conditions of contract, are liable to be ignored.

22. Other special conditions of tender (Annexure I) attached.

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ANNEXURE – I

SPECIAL CONDITIONS OF TENDER

1. INSPECTION: As per Quality Control (QC) / Quality Assurance

Programme (QAP) of PSUs IOC/ HPC / BPC or any other

RDSO approved vendor meeting relevant IS specifications

of products stipulated in the schedule to tender and Test

certificates to be issued by IOC / HPC / BPC or any other

RDSO approved vendor

or

M/s RITES/DGS&D/RDSO at Railway Board’s option.

2. PACKING AND MARKING

2.1 For packing of supplies attention is drawn to Clause 1800 of the IRS conditions of

contract and relevant specifications.

2.2 Oils will be supplied packed in New, Sound, Non-returnable, 1.25mm thickness Grade –

‘A’ Steel Drums, type 2 of 200/210 ltrs., capacity conforming to IS: 1783 (Part-I) of 1993.

2.3 The supplies in bulk shall be by tank wagons / tank lorries

2.4 Marking on the drums/cases will be as desired by the purchaser/ISI standard Trade

Mark.

2.5 The description of stores will be stenciled on such container or package wherever

possible and marking will be as per clause 5.2 of IS:720/86.

i) Date and year of manufacture.

ii) Name of manufacturer.

iii) Shelf life etc. as per practice.

3. Pre-inspection of stores by the supplier

In the event of contract being awarded, the suppliers should satisfy themselves that the

stores are in accordance with the terms of the contract and fully conform to the required

specification by carrying out a thorough pre-inspection of such consignment before actually

tendering the same for delivery. The supplier shall furnish test results/certificates to the

purchaser and consignee of the stores supplied to various consignees.

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4. Delivery

4.1 The tenderers should clearly indicate the delivery period offered. The monthly rate of

supply should also be indicated clearly. In case a range of monthly supplies is indicated, the

average rate of supply shall be taken to have been offered. Clause S.Nos.7 to 10 of Table- ‘A’ of

Schedule to tender may also be referred.

4.2 The officers of Railway authorised to issue supply-orders from time to time may place

supply-orders direct against the contract / contracts. Successful tenderer(s) shall have to offer the

stores for delivery as early as possible to ensure that the same are delivered within the terminal

date of delivery indicated in the supply-order. He shall maintain the stocks at the station /

station(s) indicated by him and shall make deliveries against supply-orders from such stocks as

and when required.

4.3 In case of despatch by rail, the date of RR (Railway-Receipt) will be taken as the date of

delivery and for despatches by road, the date of receipt of material by consignee(s) shall be

treated as date of delivery.

4.4 No liquidated damages in respect of delay in supplies within the grace period of 21 days

will be leviable where depot / Inspecting Officer Divisional Officer (who is a direct consignee)

has extended delivery period accordingly.

5. Despatch of Railway-Receipts :

Railway Receipts will be despatched to the Indentor/consignee by registered post. Postal

advice will also be sent to consignees providing details of RRs and wagon numbers to enable the

consignee to unload the consignments. Demurrage charges incurred due to delay in receiving RRs

sent by registered post will be to buyer’s account. If any indenting officer so desires, the firm can

sent RR by ordinary post to enable the indentor to get the same quickly. RRs will be

despatched promptly after receipt from the Railways.

6. Transit Risk :

6.1 The firm shall be responsible and liable for any shortages, damages or deterioration to the

consignment in transit if the same is to be carried in their own or contractor’s trucks/tanks/lorries

to the destination.

6.2 In case of rail consignments, the firm shall be responsible and liable for such shortage,

damage or deterioration only if the consignment has been booked under “said to contain RR” as a

full wagon load and the Railway seals of the wagons are found intact at the destination station. In

that case a notice is to be served on the supplier by Regd. post indicating the date of the seals of

the wagons being found intact and the details of shortage, damage or deterioration, as the case

may be, as early as possible, but in any case before the expiry of 30 days from the date of taking

delivery from the Railway.

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6.3 In all other cases of rail consignments, the firm will not be responsible and liable for any

shortage, loss, damage or deterioration occurring in transit and the matter will be taken up by

the consignee expeditiously with the concerned Railway Administration.

7. Transit Insurance:

The purchaser will not pay separately for Transit insurance. The supplier will be

responsible till the entire stores contracted for arrive, in good condition at destination & liable

for any shortage, damage or deterioration in terms of Clause 1501 of IRS conditions of

contract.

8. System & Terms of Payment :

8.1 As per IRS conditions of contract para 2300 with documents mentioned therein. The

firm’s bills shall be accompanied with original despatch documents which after payment will

be forwarded to the respective consignees. However, a photocopy of despatch documents

should be directly sent by the supplier to the respective consignees immediately after

despatch of goods.

8.2 Tenderer to give consent in a mandate form for receipt of payment through ECS/EFT.

8.3 Tenderer to provide the details of Bank A/c in line with RBI guidelines for the same.

These details will include Bank Name, Branch Name & Address, Account type, Bank A/c

No. and Bank & Branch Code as appearing on MICR cheque issued by bank.

8.4 Tenderer to attach certificate from their bank certifying the correctness of all above

mentioned information (as mentioned in Para 8.3 above).

8.5 In case of non-payment through ECS/EFT or where ECS/EFT facility is not available,

payment will be released through cheque.

8.6 In case the deliveries are made through supplier's or their contractors' lorries, the bills

will accompany copies of the contractors' delivery challans duly receipted by the consignee

alongwith inspection certificate. Receipted delivery challans to be signed by respective

Rly.Consignee(s).

9. Paying Authority :

FA & CAOs of respective Zonal Rlys & Production Units will make payments for all

despatches made for supply of the stores.

10. Bills and Payment :

The bills will be submitted by the supplier firm to FA & CAOs (Nominated) of Zonal Rlys /

Prod Units region-wise, and payment will also be received by the suppliers accordingly.

11. Deliveries at Consignee’s Premises (In Trucks):i) In all cases quantities filled and

despatched/delivered Ex. Main Installations (MI)/Storage points will be subject to Clause 6-

Transit Risk of “Special Conditions of Contract”. Variation in volume after despatch will be

to the purchaser’s account in case of supply in consignee’s truck.

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ii) Handling and decantation of the product from the tank trucks into buyer’s Container

at consignee’s premises will be the buyer’s responsibility.

iii)Firm’s tank trucks will be released by the consignee within a reasonable time of arrivals at

destination and they will not be subject to any inordinate detention.

iv) Deliveries will be in full truck loads only.

v) When supplies can not be undertaken to consignee’s premises for any reason, the

buyer’s shall draw their requirements from firm’s supplying depots under their own

arrangement. For such supplies ex-depot rates will supply.

vi) In the event of dispute regarding the distance, a joint verification will be undertaken

by the firm and the consignee. Firm shall agree to adjust the overdrawals / underpayments

based on the final agreed distance.

12. Procedure for recording shortages in case of deliveries by tank lorries:

i) In case shortage is observed the product level in the compartment(s) would be brought

up to the certified dip level by adding the product in that Compartment and the actual

shortage arrived at by such topping up process separately for each Compartment by following

procedure:

ii) Place tank Truck on a level ground.

iii) Check up dips of each Compartment.

iv) Record the shortage separately Compartment-wise, by adding product in the

Compartments, where the dip level is less. The quantity required to bring the product upto

the correct dip level, will be the shortage in that compartment.

v) Compartmentwise shortage will be recorded on all copies of the Challan and Tank drivers’

signature obtained on the same.

13. Guarantee/Warranty:

Guarantee/warrantee will be applicable to this contract as per clause 3201 & 3204 of

IRS conditions of contract.

14. Arbitration:

14.1 This contract is subject to standard Arbitration clause 2900 of IRS conditions of

contract.

14.2 In case of any dispute in the contract with PSU the following Arbitration clause will be

applicable.

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In the event of any dispute or difference relating to the interpretation & application of the

provisions of the contracts, such dispute or difference shall be referred by either party to the

arbitration of one of the arbitrators in the Department of Public Enterprises to be nominated

by the Secretary to the Govt of India in charge of the Bureau of Public Enterprises. The

arbitration and conciliation Act 1996 shall not be applicable to the arbitration under this

clause. The award of the arbitrator shall be binding upon the parties to the dispute, provided,

however,any party aggrieved by such award may make a further reference for setting aside

or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law

& Justice, Govt of India. Upon such reference the dispute shall be decided by the Law

Secretary or the special Secretary/ Additional Secretary when so authorised by the Law

Secretary, whose decision shall bind the parties finally and conclusive

15. The purchaser may at any time not later than ________________ (here insert the

latest period when the contractor may be requested for the reduction to ensure agreement

before expiry of the contract period), from the date of commencement of the contract, request

the contractor to agree to a reduction in the prices for the valid reasons and in default of such

agreement terminate the contract at the end of one year from such commencement.

16. Force Majeure Clause :

Following standard force majeure clause is applicable to this contract.

If at any time during the continuance of this contract, the performance in whole or in part by

either party of any obligation under this contract shall be prevented or delayed by reason of

any war, hostility acts of public enemy, civil commotions sabotage, fires, floods, explosions,

epidemics, quarantine restrictions, strikes, lock-outs or acts of God (here-in-after referred to

as events), provided notice of the happening of any such eventuality is given by the either

party to the other within 21 days from the date of occurrence there-of. Neither party shall by

reasons of such event be entitled to terminate this contract nor shall either party have any

claim for damages against the other in respect of such non – performance or delay in

performance and deliveries under the contract shall be resumed as soon as practicable after

such event has come to an end or ceased to exist and the decision of the Railway Board as to

whether the deliveries have been so resumed or not shall be final and conclusive, provided

further that if the performance in whole or in part or any application under this contract is

prevented or delayed by reasons of any such event for a period exceeding 60 days either

party may opt to terminate the contract, provide also that if the contract is terminated under

this clause, the purchaser shall have liberty to take over from the contractor at a price fixed

by Railway Board, which shall be final, all unused, undamaged and acceptable materials,

bought-out components and stores in course of manufacture in the possession of the

contractor at the time of such termination of such portion there-of as the

purchaser may deem it fit except of such materials, bought out equipments and stores as the

contractor may with the concurrence of the purchaser elect to retain. It is also understood in

addition that this force Majeure clause will cover firms inability to supply the stores on

account of import restrictions or reductions in foreign exchange allocated for importation of

products, crude oils and additives.

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17. Certificate to be given by indentor –

Indentors will give invariably the following certificates in all the supply orders placed against

this contract :

Certified that a copy of the Supply-order has been forwarded to the Paying Authority

(Nominated) of the Zonal Railway under registered post and the postal registration number is

……………….dt…………

Certified that the supply order No. and date is the same on all the copies of the supply-orders

marked to the Paying Authority (Nominated) of the Zonal Railway /Prod Units

18. Inspection of Suspected Supplies at Destination: If the consignee at destination on

testing the product finds it below or off specification, he may book the same back to firm’s

nearest/nominated depot without the firm incurring any demurrage for any detention at the

Railway’s consignee premises and without waiting for the arrival of firm’s representative.

However, in such cases, Railways must intimate firm’s nearest nominated locations

telegraphically or over the telephones about re-booking of the tank wagons and forward

Railway receipt duly endorsing it in firm’s favour. This should apply in respect of those tank

wagons which are received by the consignees with seals intact. The consignee will furnish his

laboratory test report in respect of each wagon rejected by him to the firm in support of such

action.

19. Certificate of Genuineness and Correctness of Railway receipt No. and date :

The supplier firm will furnish the following certificate on the bills to the Paying

Authority (Nominated) of the Zonal Railway/Prod.Unit(s) , firm have examined and verified

that the goods in respect of Which the payment is being claimed have been actually

despatched by them Under RR NO. ---------- dated -------------- which has been forwarded to

the Consignee mentioned on the contract under Registered A/D letter on -------------. The firm

undertake responsibility for the genuineness and correctness of the RR Details. The

responsibility in this regard will rest with the firm as the contractor.

Contractors are responsible for seeing that tank wagons and their own tank lorries are before

filling, perfectly clean and in good order, sound and suitable for the required purpose.

20. All charges on account of handling of supplies of POL products for delivery into

wagons on rails at places of despatches shall be borne by the contractor.

21. The supplies are to be booked in full wagon load wherever possible by the most

economical routes, failing which the contractors will render themselves liable for the whole

or any part of any avoidable expenditure caused by such default.

22. In respect of all consignment(s) placed F.O.R. station(s) of despatch, it is essential

that packing notes shall be furnished to the consignee. The Railway Receipt should be

forwarded to the consignee immediately after despatch of stores. It shall always be the

endeavour of the contractor to obtain clear Railway Receipt from the Railways in respect of

despatches made by them.

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23. In respect of supplies in tank wagons, the contractors should insist on dip-stick

measurement being specified in the Railway Receipt and should also include this

information in their invoices.

ALL WAGONS / TANK WAGONS SHOULD BE DULY SEALED AND LABELED

BEFORE DESPATCH.

24. Labeling of Wagons:

The labeling of wagons before delivery/ despatch shall be carried-out by the suppliers free of

all charges as below:

Tank wagons be labeled/ marked showing

Consignee name and address

Contents in terms of tons or litres

Nomenclature of the stores.

25. Conditions of Acceptance

25.1 If on examination of any sample from any portion of supply of the materials is found

to be not fully in accordance with the required specifications, the whole consignment may be

rejected.

25.2 The stores shall be of brand new and the best quality and workmanship to the

satisfaction of the Inspector/Indentor/Consignee

25.3 It would be obligatory on the part of the contractor to supply information concerning

contracts as may be required by Ministry of Railways, Railway Board from time to time.

26. Option Clause

The purchaser may at any time during the currency of the contract, increase/decrease

the ordered total quantity of each description of stores shown in the contract by not more than

30% of the ordered total quantity, at the same price, terms and conditions stipulated in the

contract and the contractor shall be bound to supply the quantity so ordered according to

revised delivery schedule advised by the purchaser fixed on the basis of contractual delivery

schedule.

27. Maintenance of Bulk storage and dispensing installations

Firm on whom Running Contract will be placed will undertake the proper

maintenance / repair of the storage and dispensing installations / facilities including change of

tank if necessary at their cost to the entire satisfaction of the consignees. Such maintenance

will also include their replacement/renewal of accessories like motors, pumping units,

impellers, valves and spare parts of the flow meters in the event of their normal wear and

tear. The Zonal Railways, however, shall ensure the safe handling of the equipment and

avoid any damage and loss due to negligence, theft etc.

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28. Annual Usage charge

The oil companies will be required to put up free bulk storage-cum-dispensing facilities as

per clause 17 of ‘Instructions to tenderers’.” However, if an oil company is allowed to supply

to a RCD not installed by them and in that case, for using such facilities, they will be required

to pay an “Annual Usage Charges” as determined by Railways from time to time. At present

annual usage charges are of Rs.8,25,000/- for tankage upto 140 kl and Rs.575/- per kl for

additional tankage

29. Temperature Variation Adjustment (TVA) - Relief

TVA is allowed with co-efficient of expansion/contraction as 0.72 ltrs/degree centigrade/KL

subject to the following conditions:

(i) Firm certifies on invoice that billing is done for the volume at 29.5 degree

centigrade.

(ii) The coefficient of expansion/contraction adopted is as per the standard

specification.

To mention on the face of the invoice which should be duly signed by

Driver & Loco Shed authorised representative

Case 1 Case 2

Standard Temperature in Degree C A 29.5 29.5

Invoice Quantity in Litre at Standard

Temperature of 29.5◦C

B 10000 10000

Unloading Temp in Degree C C 24.5 34.5

Actual Quantity receipt in Litre at Loco Shed at

Unloading temperature mentioned under C

D 9900 9900

TVA in Litre=(Invoice Qty in KL X Diff in

TempX0.72

E=Bx(C-

A)x0.72

-36 36

Shortage of the product in liters F=B-G 64 136

Net Accountable quantity in Liter for which

payment is to be made

G=D-E 9936 9864

*Case 1 – TVA is added in case unloading temperature is less than Standard Temperature.

* Case 2 – TVA is deducted in case unloading temperature is more than Standard

Temperature.

2. For the calculation in the above format Oil Companies to put in rubber stamp on the

invoice itself wherein A & B to be filled by Oil Companies and other

observation/calculation are to be filled in by Railway Consignee.

3. Calculation as per above formula is to be countersigned by the driver of the tank lorry

with his name along with the Railways authorized Gazetted officer on the face of the

invoice itself.

4. The payment should be made for the net accountable quantity as per calculation

certified on the invoice by Railways Gazetted officer and no separate calculation is

required to be submitted by Oil Companies.

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APPENDIX – ‘A’

TENDERERS SHOULD FURNISH SPECIFIC ANSWRS TO ALL THE QUESTIONS

GIVEN BELOW, TENDERERS MAY PLEASE NOTE, THAT IF THE ANSWERS SO

FURNISHED ARE NOT CLEAR AND/OR ARE EVASIVE. THE TENDER WILL BE

LIABLE TO BE IGNORED.

TENDER NO. DUE FOR OPENING

ON

OFFER IS OPEN FOR

ACCEPTANCE TILL

NO.2015 RR 520 MG TC

1 Whether the stores offered fully conform to

the technical particulars and specifications/

Drawings, specified by the Purchaser in the

schedule to Tender.

2 If not mention here details of deviations.

3 Brand of Store offered

4 Name and address of manufacturer.

5 Station of manufacturer

6 Please confirm that you have offered the

packing as per tender enquiry requirements.

If not indicate deviations.

(Also refer Appendix-‘E’)

7 Gross weight of consignment

8 Net weight of each item

9 What is your permanent Income Tax A/c

No,?

10 Indicate whether you are LSU or SSI

Appendix ‘A’ Contd ….2

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STATUS

11 (a) Are you approved by RDSO for the item

quoted? If yes, whether you have copy of valid

RDSO approval letter.

(b) Whether registered with DGS&D/ Defence

(DGQA) for the subject stores and

specifications. If so, confirm whether you have

attached registration Certificate/ approval letter.

12 Whether there is any monetary limit on

registration and attach a copy of registration.

13. Are you a small scale unit registered with NSIC

under Single Point Registration Scheme.

14 Whether there is any monetary limit on

registration and attach a copy of registration.

15 In case you are registered with NSIC under

Single Point Registration Scheme for the item

quoted, confirm whether you have attached a

photo copy of the registration certificate

indicating the items for which you are registered.

16. If you are not registered either with NSIC or

with DGS&D, please state whether you are

registered with Directorate of Industries of State

Government concerned.

17 If so, confirm whether you have attached a copy

of the certificate issued by Director of Industry.

18 Please indicate Name & full address of your

banker.

19 Please furnish details of equipment quality

Control in the prescribed proforma (Appendix-G

attached) (to be given by firms not registered

with DGS&D/ NSIC under the single Point

Registration Scheme/RDSO.)

20 Please furnish your performance statement in the

prescribed form (Appendix-B of proforma

attached).

Appendix ‘A’ Contd ….3

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BUSINESS NAME AND CONSTITUTION OF THE FIRM

21 Is the firm registered under □ The Indian Companies Act, 1956.

□ The Indian Partnership Act, 1932

□Any other Act

□ Not registered

22 Please mention the name(s) and Address(es)

of Partners/ Owners

23 Whether the tendering firm is/ are(If

manufacturer’s agents, please enclose the

copy of manufacturer’s authorization)

□Manufacturer

□Manufacturer’s authorized Agents

□Holders in stock of the stores.

24 If stores offered are manufactured in India

please state whether all the raw materials,

components etc. used in their manufacture are

also produced in India.

25 If not, give details of materials

Components etc. that are imported and

their break up of the indigenous and

Imported components together with

their value and proportion it bears to

the total value of the store should also

be given

26 Whether Raw materials are held in stock

sufficient for the manufacture of the stores.

27 Please indicate the stocks in hand at present

time held by you against this enquiry

28 Please indicate the stock over which you have

secured an option, held by

M/s______________________

__________________________

29 Do you agree to sole arbitration as per clause

2900 of IRS conditions of contract (Please

note that an omission to answer this question

will be deemed as an acceptance)

Appendix ‘A’ Contd ….4

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FOR PARTENERSHIP FIRMS

30 State whether they are registered or not registered

under Indian Partnership Act, 1932. Should the

answer to this question by a partnership firm be in

the affirmative, please state further:-

(a) Whether by the partnership agreement, authority

to refer disputes concerning the business of the

partnership to arbitration has been conferred on the

partner who has signed the tender

(b) If the answer to (a) is in negative, whether there

is any general power of attorney executed by all the

partners of the firm authorizing the partner who has

signed the tender to refer dispute concerning

business of the partnership to arbitration.

(c) if the answer to either (a) or (b) is in the

affirmative have you already furnished a copy of

either the partnership agreement or the general

power of attorney as the case may be, to Rly. Board?

Please quote the reference to the communication by

which this was done

N.B.1 If a copy of neither the partnership agreement nor the general power of attorney

has previously been furnished to the Ministry of Railways (Rly.Bd.) please attach

to the tender a copy of either document on which reliance is placed for authority

of partners or the partner signing the tender refer disputes to arbitration. The

copy should be attested by a Notary Public or its execution should be admitted by

affidavit on a properly stamped paper by all the partners.

N.B.2 Where authority to refer disputes to arbitration has not been given to the partner

signing the tender, the tenders must be signed by every partner of the firm.

31

Whether the price tendered by you is to the

best of your knowledge and belief, not more

that the price usually charged by you for stores

of same nature/class or description to any

private purchaser either foreign or as well as

Govt. Purchaser.

32 If not state the reasons thereof. If any, also

indicate the margin of difference.

33 In respect of indigenous items for which there

is a controlled price, and if the price quoted

exceeds the controlled price the reasons

thereof should be stated.

Appendix ‘A’ Contd….5/-

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34 Are you holding valid industrial License(s)

Registration Certificate under the industrial

Development and Regulation Act, 1981. If

so, please give particulars of Industrial

Income Registration Certificate.

35 Are you Exempted from the licensing

provisions of the Act, for the manufacture

of item quoted against this tender. If so,

please quote relevant orders and explain

your position

36 Whether you possess the requisite license

for manufacture of the stores and/or for the

procurement of raw materials belonging to

any controlled category required for the

manufacture of the store? In the absence of

any reply , it would be assumed that no

license is required for the purpose of raw

materials and/or that you possess the

required license.

37 Whether business dealing with you have

been banned by Ministry or Railway (Rly.

Board)/Ministry of Commerce (Deptt. Of

Supply)

Please confirm that you have read all the instructions carefully and have complied with

accordingly.

Date _________ Signature of Tenderer_____________________________

Name in Block letters:________________________________

Capacity in which tender is singed:______________________

(whether signing as Proprietor/Partner/Constituted Attorney/

duly authorized by the company)

Address of firm in full: M/s_____________________

______________________

______________________

Signature of Witness

Full Name and Address:

______________________

______________________

______________________

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APPENDIX ‘B’

PROFORMA FOR PERFORMANCE STATEMENT

TENDER NO DUE FOR OPENING ON

NO.2015 RR 520MG TC

S.

No.

CONTRACT/RC/

RGC NO. & Date

(SO/

ALLOCATION

ORDER No./P.O.

No. & Date)

Total

Quantity

VALUE

(in Rs.)

Original

Date Of

Delivery

Stipulated In

The contract/

Extended

Date Of

Delivery

Actual

Date Of

Delivery

& Qty

REMARKS

(here

mention

reasons for

not adhering

to the

original

delivery date)

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APPENDIX ‘C’

PROFORMA FOR PRODUCTION CAPACITY

TENDER NO DUE FOR OPENING ON

NO.2015 RR 520 MG TC

(All details required only for the items tendered)

1 Name and address of manufacturer

2 Location of the factory

3 Brand of stores offered

4 Have the material offered by you been approved by

the Research Designs and standards Organisation

(RDSO), Lucknow. If so, the capacities approved

and the necessary references may be quoted.

5 Indicate the place where you have distribution centres

and where stocks are maintained

6 What is the installed monthly capacity for the items

covered under this tender? Indicate the capacity

separately on a single shift basis and on multiple shift

basis, if so worked.

7 What was the average monthly production during the

last 5 years on single shift basis.

8 What is the existing load

9 How much of the above is covered by orders of the

Railways?

10 What portion of the actual production capacity will

be reserved for this running contract?

This should be indicated clearly in terms of quantity

per month.

HAVE YOU SUPPLIED THE STORES TENDERED FOR IN THE PAST? IF SO,

DETAILS OF SUPPLIES IN THE LAST TWELVE MONTHS MAY BE FURNISHED:

a)Description

b)Total quantity Supplied

c)Total quantity ordered

d) Total quantity pending on the date of tendering

e) Any other relevant particulars

Signature of Tenderer

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APPENDIX ‘D’

PARTICULARS REGARDING TECHNICAL COMPETENCE AND CAPACITY

TENDER NO DUE FOR OPENING ON

NO.2015 RR 520MG TC

1) Name and address of the firm

2) Location of the manufacturing factory

3) Are you registered with RDSO/DGS&D/Defence

(DGQA)/NSIC?. If so, give registration No. &

Date and items for which registered

4) Have you any foreign collaboration?

If so, give Particulars.

5) Particulars of plant & machinery installed (attach

Statement if required)

6) Technical staff employed

7) Description of Stores

(Indicate tender No. an item No.)

8) Details of testing and internal inspection facilities

9) Job if any to be assigned to sub-contractors

Give name and address of the sub-contractors

10) Net available capacity of monthly out-turn

excluding that required for existing load on hand

Signature and Seal of the Tenderer

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APPENDIX-‘E’

STATEMENT OF DEVIATIONS FROM TENDER SPECIFICATIONS

TENDER NO DUE FOR OPENING ON

NO.2015 RR 520MG TC

ITEM NO. DESCRIPTION PARTICULARS OF DEVIATION

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APPENDIX ‘F’

STATEMENT OF DEVIATIONS FROM IRS/GENERAL CONDITIONS AND

SPECIAL CONDITIONS OF THE TENDER

TENDER NO DUE FOR OPENING ON

NO.2015 RR 520MG TC

S.NO. REFERENCE TO

TERMS AND

CONDITIONS OF

TENDER

DEVIATIONS IN THE

OFFER

REMARKS

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APPENDIX ‘G’

PROFORMA FOR EQUIPMENT AND QUALITY CONTROL

(TO BE FURNISHED IN TRIPLICATE)

TENDER NO DUE FOR OPENING ON

NO.2015 RR 520MG TC

(All details required only for the items tendered)

1 Name and address of the firm

2 Telephone Nos. Office-----------------------------

Factory/works------------------

Residence------------------------

Mobile----------------------------

Fax--------------------------------

3 Location of Manufacturing Factory

4 Have you any foreign collaboration? If so, give

particulars

5 Details of Industrial licenses, wherever required as

per Statutory regulations.

6 Details of plant and Machinery erected and

functioning in each department ( monographs and

description pamphlets) be supplied.

7 Whether the process of manufacture in the factory

is carried out with the aid of power or without it

8 Details and stock of raw material held

9 Production capacity of item(s) quoted for, with the

existing plant and machinery

Normal

Maximum

10 Details of arrangement for quality control products

such as laboratory etc.

11 Details of technical supervisory staff-in-charge of

production and quality control

12 Skilled labour employed

13 Unskilled labour employed

14 Maximum number of workers (skilled & unskilled)

employed on any time during the 18 months

preceding the date of application

15 Whether stores were tested to any standard

specifications if so, copies of original test

certificates should be submitted in triplicate

16 Are you registered with

RDSO/DGS&D/Defence(DGQA)/NSIC for the

stores mentioned in ‘schedule to Tender’ if so,

furnish full particulars of registration, period of

currency etc.

(Attach a sheet wherever necessary)

Signature of the Tenderer

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APPENDIX –‘H’

PROFORMA FOR SUBMISSION OF BANK GUARANTEE

TOWARDS EARNEST MONEY

In consideration of the President of India (hereinafter called ‘the Government’)

having agreed to accept from -----------------------------------------------{hereinafter called’ the

said Tenderer(s’} earnest money in the form of Guarantee Bond, under the terms and

conditions of tender dated ________________ in connection with

____________________________________________________________________(herein

after called ’the said tenderer’ for the due observance by the said tenderer of the stipulation

to keep the offer open for acceptance for a period of ______ days from the date of opening of

tenders, to execute an agreement within the time specified, to start work within the period

specified after notification of the acceptance of his/their tender and the deposit of Earnest

Money in cash or furnish fresh Bank Guarantee for the said amount as part of security for the

due and faithful fulfillment of contract on acceptance of the tender on production a Bank

Guarantee for____________________________ ( Rs.

____________________________________only.)

We___________ Bank, do hereby undertake to pay on demand to the Government,

the sum of Rs. _____________________ in the event of the said tender having incurred

forfeiture of earnest money/security deposit an aforesaid for the breach of any of the terms

and conditions of the stipulations aforesaid and contained in the said tender under an order of

the authority competent to invite tender.

We____________________________________ Bank, further agree the guarantee herein

contained shall remain in full force and effect till the authority competent to invite the tender

discharges the guarantee, subject to however, that the Government shall have no right under

this Bond after the expiry of one year from the date of its execution and our liability under the

bond shall be discharged if the demand for payment is not made within this period.

We______________________Bank, lastly undertake not to revoke this guarantee during its

currency except with the previous consent of the Government in writing

Dated the ________________ Day of __________________

For _____________________ Bank____________________

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APPENDIX-‘I’

PROFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCE GUARANTEE

BOND

Ref................ Date..................................

Bank Guarantee No................

To,

THE PRESIDENT OF INDIA.

acting through the Executive Director, Railway Stores ( C)

Ministry of Railway,

(Railway Board). Rail Bhavan,

New Delhi-110001, INDIA.

1. Against contract vide Advance Acceptance of the Tender No...................................

dated.................................... covering supply of.........................................................

(hereinafter called the said 'contract') entered into between the President of India

and.............................................................. .............(hereinafter called the 'Contractor1) this is to certify that at

the request of the Contractor we............................................................. Bank Ltd.,

are holding in trust in favour of the President of India, the amount of........................................

.................................................................. (write the sum here in words) to indemnity and keep indemnified the

President of India (Govt. of India) against any loss or damage that may be caused to or suffered by the

President of India (Govt. of India) by reason of any breach by the Contractor of any of the terms and

conditions of the said contract and/or the performance thereof. We agree that the decision of the President of

India (Govt. of India), whether any breach of any of the terms and conditions of the said contract and/or in

the performance thereof has been committed by the Contractor and the amount of loss or damage that has

been caused or suffered by the President of India (Govt. of India) shall be final and binding on us and the

amount of the said loss or damage shall be paid by us forthwith on demand and without demur to the

President of India (Govt. of India).

2. We............................ ........................................Bank Ltd., further agree that the

guarantee herein contained shall remain in full force and effect during the period that would be taken for

satisfactory performance and fulfilment in all respects of the said contract by the Contractor i.e.

till.............................................(viz. the date up to 12 months after the date of last

shipment/delivery, of the goods ordered) hereinafter called the 'said date' and that if any claim accrues

or arises against us.................................... Bank Ltd., by virtue of this guarantee before the said date,

the same shall be enforceable against us......................................................Bank Ltd.), notwith-

standing the fact that the same is enforced within six months after the said date, provided that notice of any

such claim has been given to us.......................................Bank/Ltd., by the President of India (Govt. of

India) before the said date. Payment under this letter of guarantee shall be made promptly upon our receipt of

notice to that effect from the president of India (Govt. of India).

3. It is fully understood that this guarantee is effective from the date of the said contract and that

we................................................Bank Ltd., undertake not to revoke this guarantee during its

currency without the consent in writing of the President of India (Govt. of India).

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4. We undertake to pay the Government any money so demanded notwithstanding any dispute or disputes

raised by the Contractor in any suit or proceeding pending before any Court or Tribunal relating thereto our

liability under this present being absolute and unequivocal.

The payments so made by us under this bond shall be a valid discharge of our liability for payment thereunder and

the Contractor shall have no claim against us for making such payment.

5. We....................................Bank Ltd., further agree that the President of India(Govt. of India)

shall have the fullest liberty, without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said contract or to extend time of performance by the Contractor from time to time or to postpone for

any time or from time to time any of the powers exercisable by the President of India (Govt. of India), against the

said Contractor and to for bear or enforce any of the terms and conditions relating to the said contracts and

we....................................Bank Ltd., shall not be released from our liability under this guarantee by reason of any

such variation or extension being granted to the said Contractor or for any forbearance and/ or omission on the part of

the President of India or any indulgence by the President of India the said Contractor or by any other matter or thing

what-so-ever, which under the law relating to sure lies, would, but for this provision have the effect of so releasing us

from our liability under this guarantee.

6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor.

Date........................... Signature.............................

Place........................... Printed Name........................

Witness........................ ........................................

(Designation)

……………………………….

Bank's Common Seal