NORTH EASTERN RAILWAY
(For other than M&P items)
Advertised Tender No. S/BG/CON/2013/8032 & 8069/OT-13/2014
Date of opening of tender 22 / 12 /2014
Cost of Tender Rs. 1500/Earnest money Rs. 143900/Closing time of tender 14.30 hrs.
Opening time of tender 15:00 hrs.
To,
The President of India,
Acting through the Dy Chief Material Manager/Con,
N.E.Railway / Gorakhpur.
Sir,
We hereby offer to supply the under noted item/items or part thereof at the price and within the
period of delivery indicated below as per IRS conditions of contract and special tender conditions attached
and agree that in case I/We withdraw the tender before the decision & decline or fail to deposit Security
money per clause 9.2 (i) & (ii) of the tender after advice of acceptance, our earnest money deposited shall be
forfeited to Govt. I/We shall not claim any interest on this sum while it is in your custody and shall be
returned to me/us in case of non-acceptance. The offer is valid for 120 days from the date of opening.
Description:-. : PVC Insulated armoured underground cable as per specn. No. IRS:S:63/2007 with
latest amendment, if any 19C x 1.5 mm sq. identification for core as per para 3:2:5 of the specification.
Quantity : 25.95 kms
Consignee :
Unit : 23 Per Km
SSE/Sig/Con/GKP =25.95 kms
Quantity
:
25.95 kms
Rate : (In figure) :
(In words) :
Excise Duty :
Sale tax :
Packing Charge :
Forwarding Charge :
Freight :
Other charges, if any(Pl specify) :
Discount :
Delivery Schedule :
Inspection :
F.O.R :
I / We have carefully studied the Special Conditions of Tender attached.
Yours Faithfully,
Signature & Seal of the Tenderer.
N.B:- 1. For Delivery Schedule, Please see condition No. 27 of the special condition of tender.
2. For Inspection Clause, Please see condition No. 28 of the special condition of tender.
3. For applicability towards reserved item- Please see condition No. 19 & 26 of condition of tender.
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TENDERNO. S/BG/CON/2013/8032&8069/OT-13/2014
Conditions of Tender (other than M&P item ):-
1.
2.
3.
Rate quoted should preferably be firm and finals on FOR destination basis. Break up of rate i.e.
Excise duty, Sales Tax, packing & forwarding charges & freight etc. shall be indicated separately.
However in exceptional circumstances rates with guaranteed price variation clause (PVC) based on
Government controlled price indices or on price list of Central Government Public Sector
Undertakings or IEEMA can be submitted. However, firm price offer may be preferred over the offer
with PVC.
The firm should quote on F.O.R. or free to destination price. In case they quote ex.Works / ex.
Godown price, they should invariably indicate the total freight charges ex-their Works/Godown to
destination. In event any offer does not specifically record anything about the F.O.R. condition in
their offer, it will be assumed that their offer is F.O.R. destination. This will be final and binding on
the offer and will not be subject to any legal dispute or arbitration in future.
In case any of the tenderers desire to quote packing & forwarding charges extra, the same should be
quoted clearly & separately i.e. separately for packing charges and separately for forwarding charges.
It should be noted that ED on forwarding charges is not payable by the purchaser. Therefore separate
indication of packing and forwarding charges, as mentioned above, is necessary. If, however, any
firm quotes combined packing and forwarding charges, then, for, the purpose of determining inters
ranking of the offer, ED will be loaded on the combined packing and forwarding charges.
4.
Railway reserves the right to purchase from reliable and established manufacturers or their
authorized agents / dealers. Tenderers are requested to furnish the satisfactory proof of their capacity
/ capability and performance statement giving the list of order executed by them for the item during
the last three years. Tenderer not submitting these requisite information may note that their offer is
liable to be ignored.
5.
Purchases shall be made from the manufacturer or their authorized dealer / agent. Name, Address &
Fax number of the manufacturer should be mentioned and valid manufacturer’s authorization, in case
of dealer / authorized agent, should be submitted along with the offer, failing which the offer is
liable to be ignored.
If any Indian agent quotes for any imported product, they should submit Principal’s proforma invoice
along with their offer, failing which the offer is liable to be ignored.
6.
For those items which are not reserved to be procured from any approved / registered sources, the
Railway reserves the right to procure bulk quantities from Proven / Tried sources of this Railway.
7.
While deciding the tender for an item which are to be procured from approved / registered sources,
Railway reserves the right to order entire/bulk or part quantity from such approved firms. The status
of the approved / registered firms shall be reckoned as on the date of the tender opening and not
thereafter unless a case of downgrading / suspension / banning exists. But in case of removal /
suspension / banning of the firm after opening of the tender, that shall be taken into account while
deciding the tender.
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8.
Tenderers, if registered in the N. E. Railway, should mention the registration No., trade group,
monetary limit and validity of registration. SSI unit, if registered with NSIC, should mention the
registration particulars and enclose a copy of current registration certificate along with offer. In case
of non-submission of these information / documents, it shall be considered that they are not
registered with N. E. Railway / NSIC.
9.
Earnest Money & Security Deposit
9(1)
Earnest MoneyThe earnest money given on top of schedule of Open Tender form, is required to be
deposited by tenderer along with their offer, valid for a period of 45 days beyond the final bid
validity otherwise the offer will be SUMMARILY rejected, however exemptions to deposit Earnest
money shall be given to Firms registered for tendered item/ trade group up to tender value limit with
This Rly, NSIC, RDSO, PUs, CORE, Other Railways, Other Govt. Deptts, Manufacturer and their
accredited agents on production of registration / concerned certificate.
9(2)
Security Deposit
(i) For Safety items
The Contractor shall deposit Security Money / Bank Guarantee for Performance @ 10% of contract
value subject to upper ceiling of Rs. 10 lakhs for contract valuing up to Rs. 10 crores and Rs. 20
lakhs for contract valuing above Rs. 10 crores as & when required, which should be valid for a
minimum period of 60 days beyond the date of completion of all contractual obligations of contract,
for Safety items, failing which their offer will be ignored.
(ii) For other than Safety items
The Contractor shall deposit Security Money / Bank Guarantee for Performance @ 10% of contract
value subject to upper ceiling of Rs. 10 lakhs for contract valuing up to Rs. 10 crores and Rs. 20
lakhs for contract valuing above Rs. 10 crores as & when required which should be valid for a
minimum period of 60 days beyond the date of completion of all contractual obligations of contract
failing which their offer will be likely to be ignored. However exemptions shall be given to Firms
registered for tendered item/ trade group up to tender value limit with This Rly, NSIC, RDSO, PUs,
CORE, Other Railways, Other Govt. Deptts on production of registration/concerned certificate.
9 (3)
Nature of item – Safety/ Non-safety : safety
9.4
Bank Guarantee (BG’s) to be submitted by supplier / contractors, will be sent directly to concerned
authorities by issuing Bank under registered post AD
10.
Purchaser reserves right to delete “Risk Purchase Clause” and levy 10% security deposit in supply
contracts (except from NSIC approved vendors upto monetary limit of their registration and for the
items ordered). It is mandatory for all orders of safety items. Whenever such contracts are rescinded,
security deposit shall be forfeited. Such failure shall be recorded & will be considered by Railway on
merit in future cases.
However, cases not coming within the purview of aforesaid stipulation, Risk Purchase provisions
will continue as per existing provisions.
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TENDER NO S/BG/CON/2013/8032&8069/OT-13/2014
11.
Tenderers are requested to furnish the satisfactory proof of their capacity as per para 23 of tender
(Part I). Tenderer not submitting this requisite information may note that their offer is liable to be
ignored.
12.
Railway reserves the right to vary the tendered quantity by (+_) 30%.
12.1
In fixed quantity contract’s tender, having requirement of continuing nature exceeding value Rs. 75
lakhs, the purchaser shall be entitled, during currency of the contract to increase or decrease the total
quantities of each description of stores shown in the said contract by nor more than 30% by giving
reasonable notice in a writing to the contractor.
Purchaser also reserves the right to vary the ordered quantity by +30% at any time, till final
delivery date of the contract, by giving reasonable notice, even though the quantity ordered initially
has been supplied in full before the last date of delivery period.
13. Distribution of procurable quantity:13.1
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.
13.2 (a) Whenever such distribution/splitting of the tendered/ procurable quantity is made, the quanity
distribution will depend (in and inverse manner) upon the differential of rates quoted by tenderers.
(other aspect i.e. adequate capacity – cum capability, satisfactory past performance of the tenderers,
outstanding orders load for the Railway making the procurement, quoted delivery schedule vis-à-vis the
delivery schedule incorporated in the tender enquiry etc. being same/similar) in the manner detailed in
the table below:Price
Quantity distribution ratio between L1 & L2.
differential
between L1 &
L2
Upto3%
60 : 40
More than 3%
65 : 35
and upto 5%
More than 5% Atleast 65% on the L1 tenderer, for the quantity ordered on the L2 tenderer, generally
decision will be taken keeping in view the conditions laid down as under:-.
The rate of the highest eligible tenderer within the zone of consideration has to be per-se
reasonable to the purchaser.
(ii) The purchaser reserves the right in cases of inadequate capacity cum capability
,dissatisfactory past performance, large quantity of outstanding orders, ( liquidation of
which may take very long time) etc. .to distribute the procurable qty. amongst tenderers
ensuring timely and requisite qty.. supply of material to meet out the needs of operation,
maintenance & safety etc. of Railway regardless of inter-se ranking of tenderers.
(b) If splitting of quantity is done by ordering on tenderers higher than the L2 tenderers, then the quantity
distribution proportion amongst the tenderers will be decided as indicated in para 2 above.
© The purchaser reserves the right to counter offer the lowest acceptable rate for bulk ordering to the
higher tenderer(s) . In the event of rejection of such counter offer(s), the purchaser will reserve their
right to decide on quantity distribution ratio proportion.
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TENDER NO. S/BG/CON/2013/8032&8069/OT-13/2014
13.3 However, ordering on Part-II approved firms, as per extant directives of Board shall not construe
splitting of the procurable quantity.
14.
If tenderer down-load the tender document from INTERNET, they should submit offer along with
the requisite cost of the tender by demand draft / bank draft, in favour of FA & CAO /Con/ N. E.
Railway / Gorakhpur, otherwise their offer shall be summarily rejected. The firm submitting their
offer should give a certificate that the downloaded bid document submitted along with their offer,
does not contain any change or modification i.e. it is verbatim same as appearing in NER`s website.
If later on it is found that the tenderer has made any change or modification in the downloaded
tender documents, their offer is liable to be rejected along with other penal action as stipulated in
para 15 below.
15.
In case any tenderer is found to be indulging in changing / adding or deleting the contents of the
tender documents downloaded from Internet, they will be liable to face necessary action as per
extant instructions which could be removal from the approved list, banning, suspension of the
business dealing etc.
3.
If ED / CST / VAT / Other statutory levies are being charged extra, then tenderers should clearly
indicate exact rate of the Levies / Taxes applicable. Whenever any tenderer quotes concessional rate
of ED / CST / VAT / Other statutory levies and at the same time reserves their rights to claim ED /
CST / VAT / Other statutory levies at the rate applicable during the time of supply through statutory
variation clause, their offer will be loaded with maximum rate of ED / CST / VAT / Other statutory
levies applicable at the time of tender opening and / or as quoted , by any of the tenderer participated
in the said tender.
If excise duty varies, based on the turn over, the tenderer should indicate the maximum rate of excise
duty payable. If Excise duty is not claimed in the offer and no mention is made about either ED or
statutory variation , no ED will be payable. If excise duty is claimed in the offer and statutory
variation is also claimed by the tenderer in the offer, the same will be agreed to. In no case, variation
in excise duty due to increase in turn over during the currency of the contract will be admissible. If
tenderers misclassify the goods under relevant excise tariff rules, Railway will not pay increased
excise duty due to misclassification. Excise duty will be paid subject to documentary evidence only.
17.
MODVAT: Tenderers should furnish clear MODVAT declaration stating that they have taken into
account all the MODVAT benefits while quoting against the tender.
18.
Tenderers are requested to give their current bank account No. and Banker’s name in their tender to
facilitate the prompt payment.
19..
RDSO Clause (Applicable/Not Applicable) : Applicable
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TENDER NO S/BG/CON/2013/8032&8069/OT-13/2014
19.1
For items which are reserved to be procured from the RDSO / Railway's approved sources only,
following conditions will also be applicable:Railway reserves the right to purchase Full / Bulk or part quantity from RDSO approved firms only.
RDSO approved firms must furnish current RDSO approval certificate for the tendered item and
failure to comply will mean their offers are liable to be ignored. Exceptions to this may only be done
if the current (on date of Tender opening), RDSO approved status is made available with the
purchaser.
19.2
20.
25.3
“Purchaser reserves right to place 15% of the tendered quantity order on Part-II approved sources
or the highest quantity of previous order executed in the preceding 3 years in any Railway /
Production Units which ever is higher subject to maximum of 25% of the net procurable quantity in
the given procurement case. Thus, all Part-II approved tenderers are therefore requested to submit
the attested Xerox copies of documents showing the proof of successfully executed orders by them in
any single order placed on them over preceding three years by any Zonal Railways / PUs and to note
that non-submission of such documents shall be taken as their not having any such past performance,
hence their offers shall be considered further as per extant rules and no back references in this regard
will be made to them.
Cartel formation:-
Wherever all or most of the approved sources quote equal rates and cartel formation is suspected,
Railway reserves the right to place order on one or more firms with exclusion of the rest with out
assigning any reasons thereof.
25.4
Firms are expected to quote for a quantity not less than 50% of the tender quantity. Offer for quantity
less than 50% of the tender quantity will be considered unresponsive and liable to be rejected in case
cartel formation is suspected. Railway, however, reserves the right to award contract on one or more
firms for any quantity.
25.5
The firms quoting in cartel are warned that their names are likely to be deleted from the list of
approved sources.
25.6
The Railway reserves the right to exercise their discretion to consider the unapproved / Part-II
sources for supply of bulk quantity as deemed fit.
26 IRS conditions of contract shall be applicable.
27 Offers not submitted in/along with prescribed tender documents of North Eastern Railway dully filled in
and signed by appropriate authority on their behalf WILL BE LIABLE TO BE REJECTED. Offers
submitted in downloaded tender documents without remitting its cost WILL BE SUMMARILY
REJECTED.
23
Bid documents of all advertised tenders of North Eastern Railway for supply of stores are
available on the North Eastern Railway's website, viz., www.nerailway.gov.in. Bid documents can
also be obtained from the office of the Dy Chief Material Manager/Con, North Eastern
Railway, Gorakhpur-273012 on production of the money receipt for depositing the cost of
tender documents.
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TENDER NO. S/BG/CON/2013/8032&8069/OT-13/2014
24.
NSIC firms, registered for the tendered item, are exempted from paying the tender cost.
However, they are required to submit their offer with the prescribed tender documents and valid
NSIC certificate, failing which THEIR OFFER WILL BE LIABLE TO BE REJECTED.
25.
25.1
25.2
Form of Payment:Tenderer are required to give consent in a mandate form for receipt of payment through ECS/EFT.
Tenderer are required to provide the details of Bank account in line with RBI guideline, which will
include Bank Name, Branch Name & address, Account type, Bank Account No. and Bank Branch
Code as appearing on MICR cheque issued by Bank.
Tenderer are required to attach certificate from their Bank certifying the correctness of all above
mentioned informations (as mentioned in para 25.1 above).
In case of non payment through EFT or where ECS/EFT facility is not available, payment will be
released through cheque.
Applicability towards reserved items:(i) Whether item is reserved to be procured from SSI units registered with NSIC: :
(ii) Whether item is reserved to be procured from ICF/DLW/DMW/RCF/CORE/CLW etc.
:
27.3
27.4
26
27.
28.
29.
Delivery Schedule : 1 to 3 months, this delivery period however flexieble and deviation may be
allowed as deemed fit by railway.
Inspection Clause : RDSO
VAT CONDITIONS
i)
The Tenderer should quote the exact percentage of VAT that they will be charging extra.
ii)
While quoting the Rates, Tenderer should pass on (by way of reduction in prices) the set off
/ Input tax credit that would become available to them by switching over to the system of VAT from
the existing system of Sales Tax, duty stating the quantum of such credit per unit of the item quoted
for.
The Tenderer while quoting for Tenders should give the following declaration:" We agree to pass on such additional set off / Input tax credit as may become available in
future in respect of all the inputs used in the manufacture of the final product on the date of supply
under the VAT scheme by way of reduction in price and advise the purchaser accordingly".
iv)
v)
The suppliers while claiming the payment will furnish the following certificate to the paying
authorities : "We hereby declare that additional set offs / input tax credit to the tune of
Rs............................. has accrued and accordingly the same is being passed on to the
purchaser and to that effect the payable amount may be adjusted".
For the states in which the VAT has not yet been introduced, the existing system of sales
taxshall continue.
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30.
In case of multi-items or single item with multi consignees, inter-se position of bidders will be
decided based on value of individual item or individual consignee, as the case may be.
31.
Recovery of Liquidated Damages:
31.1
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.
31.2
Railway shall recover from the contractor as agreed liquidated damages and not by way of penalty, a
sum equivalent to 2% (two percent) of the price of any stores ( including element of taxes, duties,
freight etc.) which the contractor has failed to delivery within the period fixed for delivery in the
contract or as extended for each month or part in 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
maximum of 10% of value of the delayed supplies.
32.0
Special Condition:- Nil