Signature Not Signature Not Signature Not

Verified Verified INDIAN RAILWAYS

Verified
Digitally signed Digitally signed Digitally signed
by ANAND by ANAND by ANAND
VARSHNEYA VARSHNEYA VARSHNEYA
Date: 2013.05.01 Date: 2013.05.01 Date: 2013.05.01
09:54:08 IST 09:56:13 IST 09:58:32 IST

ISO 9001
ISO 14001
OHSAS 18001

DIESEL LOCOMOTIVE WORKS

(D.L.W.)
VARANASI (U.P.) INDIA

BID DOCUMENT
Effective From Dec’2011
FAX : 0542-2270603, 2271654
TELEX : 0542-230 DLW-IN
TELEPHONE 26-42840,2644860
.
“”
CABLE/TELEGRAM : DIESELOCO
 SECTION-I
INSTRUCTIONS TO TENDERERS
TABLE OF CONTENTS

Clause Page No.

1. General instruction 2-4

2. Technical information 4-5
3. Agents and service facilities in India-Agency commission 5-6
4. Qualifying requirement of tenders 6-7
5. Deleted 7
6. Earnest Money/Bid Guarantee 7
7. Submission of offers 7-8
8. Local conditions 8
9. Deleted 8
10. Price basis & indemnity 8
11. Insurance 9
12. Evaluation of the offers 9-10
13. Payment terms 10-11
14. Deductions 11
15. Payment procedure 11
16. Shipping arrangements 12
17. Packing 12
18. Deleted 12
19. Acceptance of tender 12
20. Effect and validity of offer 12-13
21. Spare parts 13
22. General 13
23. Last date of receipt of tenders 13
24. Vendor Assessment ( For unapproved vendors) 13
25. Distribution of procurable Quantity 14
26. Ordering on approved sources 14-15
27. Deleted 15
28. Deleted 15
29. Miscellaneous 15-16
 Section-I

INSTRUCTIONS TO TENDERERS

1. GENERAL INSTRUCTIONS
1.1 On behalf of the President of India, the Controller of Stores, Diesel Locomotive Works, Varanasi
(U.P.) (hereinafter referred to as the Purchaser), invites tenders from established and reliable
manufacturers for supply as set forth in the "Schedule of Requirements". For this Purpose,
manufacturers of assemblies / locomotives employing the items are also considered as manufacturers.
1.2 All offers in the prescribed format Annexure 1 or 2 (as applicable), should be submitted before
the time and date fixed for the receipt of offers as set forth in the tender papers. Offers received
after the stipulated time and date will be summarily rejected.
1.3 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. In such cases Railways also reserve the right to place regular bulk
quantity order on Part-II approved source and new sources.
1.4 The Tenderer should quote the exact percentage of VAT that they will be charging extra.
1.5 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.
1.6 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".
1.7 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".
1.8 Even for contracts where CST is payable, this input tax credit may become admissible to the
supplies where the supplier happens to be located in the state in which VAT has been implemented.
Accordingly the certificate under para (1.6) above should also be obtained in all such existing
contracts where CST is payable.
1.9 For the states in which the VAT has not yet been introduced, the existing system of sales tax
shall continue.
1.10 (i) Offer received through fax will be considered in case of procurement of items through
proprietary article certificate & single tender only subject to the firm submitting post
confirmation copy on their letter head duly signed by authorized person as per the tender
conditions within ten working days form the date of opening from indigenous firms & 21
days from foreign firms against Global tender.

(ii) However, for other type of tenders, offers received through fax and found in the tender box at
the time of opening of tenders and complete in all respects and duly signed by the authorized
 signatory will be treated as in time offer subject to the firm/firm's submitting post
confirmation copy duly signed by the authorized person as per the tender conditions within
ten working days from the date of opening from indigenous firms & 21 days from foreign
firms against Global tender.
(iii) All other offers received by fax not covered in Para (i) & (ii) above will be treated as invalid.
The offers received by fax as covered in Para (ii) above will be deemed as unresponsive in
case the confirmation copy is not received within the time stipulated in Para (ii) above.
(iv) No purchase order will be issued against the FAX offer without receipt of the confirmation
copy of the same.
(v) It shall be the sole responsibility of tenderers to ensure that the offers submitted by FAX are
dropped in appropriate tender box in sealed cover/covers and within the prescribed time and
date. Railway shall not be responsible in any way for any delay in dropping the FAX offers in
the appropriate tender box.
1.11 Any Indian Agent/Associate/Channel partner etc of Foreign Supplier cannot represent two
suppliers or quote on their behalf.
1.12 Late, delayed & incomplete offer are liable to be summarily rejected.
1.13. Bid from tenderer who have not purchased the Bid documents and their offer is not
accompanied with Bid Guarantee are liable to be summarily rejected.
1.14 In case the date of tender opening falls on a Gazetted holidays or is subsequently declared as
such, the tenders will be opened on the next working day at the fixed time.
1.15 The tenderers should quote on the basis of instruction to tenders and General and Special
condition of contract given in the Bid documents and SOR.
1.16 The tender should be valid for a minimum period of 150 (One hundred Fifty only) days from
the date of opening.
1.17 Tenderer should indicate their specific agreement to the following terms & conditions while
submitting their offer :
(i) Payment terms : To accept payment terms as indicated in clause 13 section-I of Bid documents.
For negotiating the payment through L.C., document as per clause 1.19 of section-I will be
required.
(ii) Performance Bank guarantee : PBG of 10% of PO value as per clause 21 of section-II of Bid
document.
(iii) Delay and default Clause : To accept LD/RP clause as detailed in clause 18 & 19 section II of
Bid document.
(iv) Warranty period/Warranty bank guarantee : WBG as per clause 9 of section III of Bid
Document.
1.18 In case Tenderer himself is not manufacturer of the item, they must attach valid tender specific
authorization certificate and proforma quotation from their principal.

1.19 When payment is made through letter of credit, LC opening charges will be on DLW account.
Unless otherwise indicated the payment will be negotiated against documents as below :
i) Contractor's detailed invoice showing quantity, description/part no of the material as per
contract, rates and total price of the materials delivered FOB.
ii) Manufacturer's work test certificate issued by manufacturers.
 iii) Non-negotiable Ocean Bill of Lading drawn in favour of port consignee CMM (BI), E.RIy. 3rd.
floor, 3 Koilaghat street, Kolkata.
iv) One copy of the packing list indicating contents of the materials Boxwise, marking, net weight,
gross weight and over all dimension.
v) A certificate showing the country of origin of materials supplied.
vi) Certificate alongwith a copy of Fax stating that the original shipping documents have been
forwarded to the port consignee in India by first class airmail. Also copies of shipping
documents viz bill of lading, country of origin, invoice, packing list and WTC have been sent
to their agencies as per terms and conditions of this contract. Documentary proof in the form of
postal/courier receipt should accompany the certificate.
vii) Certificate that the Dy. CMM (D)/DLW/Varanasi, Insurance Company and purchaser have
been advised of the closing particulars of shipment by e-mail/ Fax.
viii) Certificate that the firm shall comply with the warranty obligation under this contract pursuant
to the warranty.
1.19.1 Whenever inspection is by RA/Berlin, the all European manufacturer (S) shall prepare a
quality plan in conformity with ISO-9000-2000 and submit it to the Railway Adviser,
sufficiently in advance of inspection.
The inspection shall proceed only after acceptance of the PO by Railway Adviser.
1.20 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 discrepancey between an offer in a language
other than English and its English translation, the English translation will prevail.
1.21 "All safety provisions and other precautions as detailed in clauses of OHSAS 18001:1999 must
be ensured by visitor (s)/contractor (s) or his (their) authorised agent (s) e.g. Safety Shoes (foot gear),
Safety Helmet (head gear), Mask (face gear), Ear Plugs/Muffs (face gear), as applicable from place
to place inside the shop."
1.22 The headings of conditions hereto shall not affect the construction there of.

2. TECHNICAL INFORMATION
2.1. Specifications indicated in the "Schedule of Requirements" may be obtained on payment from
the follwing.
(i) Indian Railway Standard Specifications from
(a) The Controller of Publications, Civil Lines, New Delhi - 110054, India.
(b) Office of the High Commissioner for India, Publication Branch, India - House :
Aldwyc, London-WC.
(ii) Indian Standard Specifications from
The Director General, Indian Standard Institution,
Manak Bhawan, 9 Bahadur Shah Zafar Marg,
New Delhi - 110001, INDIA
(iii) Particular Specifications, drawings and details from
The Controller of Stores,
Diesel Locomotive Works,
Varanasi (U.P.), India.
2.2. The equipments offered should be in accordance with the stipulated drawings and specifications
in "Schedule of Requirements". Details of variations from the drawings and specifications, if any,
should be clearly indicated and in such an event, a certificate from the users must be furnished to the
effect that the product offered is and alternative acceptable to the users in the country of origin and in
one or more other countries. The names of users in those foreign countries should also be indicated.
2.3 The purchaser may consider internationally accepted alternative specifications which ensure
equal or higher quality than the specifications mentioned in the tender specifications. However, the
decision of the purchaser in this regard shall be final. In this connection attention of tenderer is
invited to the "Statement of Deviations" from tender specifications (Annexure-11) which should
invariably be filled in and submitted along with the offer and further two copies of the alternative
specifications offered should be sent alongwith the offer.

3. AGENTS AND SERVICE FACILITIES IN INDIA-AGENCY COMMISSION

3.1. Railway would prefer to deal with manufacture of stores directly and not with agent, brokers &
middlemen. Manufactures are, therefore, encouraged to quote against the tender.
Foreign firms quoting direct against the enquiry and who want Indian Agent/Associates and/or
servicing facilities in India should indicate in their offer the name of their Indian Agents/Associates
or the representatives they have for servicing in India, They should quote net FOB/ CFR price,
exclusive of the amount of remuneration or commission provided for the Indian Agents/Associates, It
should be understood that the purchaser will indemnify the supplier against payment of such
commission to the Indian Agents/Associates in rupees in India in respect of a contract arising out of
invitation to Tender, where the Indian Agent/Associates remuneration/or commission covers a part of
the price against the Tender."
3.2. The following particulars are also required to be furnished by Tenderers failing which their
offers are liable to be ignored :-
(i) The precise relationship between the foreign manufacturers/principals and their Indian
Agent/Associates,
(ii) The mutual interest which the manufacturers/principals and the Indian Agents/Associates
have in the business of each other.
(iii) Any payment which the Agent/Associate receives in India or abroad from the
Manufacture/principal whether as a commission for the contract or as a general retainer fee;
(iv) Indian Agent's Income-tax payment account number;
(v) All services to be rendered by the Agent/Associate whether of general nature or in relation
to the particular contract and the facilities/infrastructure available with them for the same.
3.3 The Agency commission payable by the Tenderer to his Indian Agents shall be indicated in the
offer form in foreign currency. However, Agency commission finally payable to the Tenderers agents
in India under the contract will be converted to Indian rupees at the telegraphic transfer buying rate
of exchange ruling on the date of acceptance of offer and shall not be subject to any further exchange
variation. The agency commission shall be paid in non-convertible Indian rupees only after
successful completion of the contract commissioning of the machines or equipment wherever
involved.
3.4 For the foreign Tenderer's guidance in furnishing complete information, a check list, as per
Annexure- 15 attached, must be completed and submitted the foreign Tenderers participating in the
Tender.
3.5 The amount of agency commission payable to the Indian agent will not be more than what is
specified in the agency agreement between the tenderer (i.e. the foreign principal) and the Indian
agent. A certified photocopy of the agency commission agreement must be submitted along with the
offer.
3.6 The Indian agent will be required to submit a certificate, along with their Agency commission
Bill, confirming that the amount claimed as Agency commission in the bill has been spent/will be
spent strictly to render services to the foreign principal, i.e. M/s................ (i.e. the contractor) in
terms of agency agreement. The purchaser or their authorized agencies and/or any other authority of
Govt. of India shall have rights to examine the books of the Indian Agent and defect or
misrepresentation in respect of the afore indicated confirmation coming to light during such
examinations will make the foreign principal
(i.e. the contractor) and their Indian agent liable to be banned/suspended from having business
dealing with Indian Railways, following laid down procedure of such banning/suspension of business
dealings.

4. QUALIFYING REQUIREMENTS OF TENDERERS

4.1. 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 a 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 established quality control system and organization to ensure that there is adequate
control at all stages of the manufacturing process.
4.2 For purposes of para-4.1. the tenderers should additionally submit-
(a) a performance statement as in Annexure-3, 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 equipment employed and quality control measures
adopted as in Annexure-4
4.3. In addition to the above, information regarding his capacity / capability, if required by the
purchaser shall be promptly furnished by the tenderer.
4.4. Tenderer not submitting the requisite information may note that his offer is liable to be ignored.
5. DELETED
6. EARNEST MONEY/BID GUARANTEE
6.1. An Earnest Money/Bid Guarantee for amount as stipulated in the "Schedule of Requirements"
shall accompany each tender in Indian Rupees or an equivalent amount in the currency of the country
of the tenderer. The Earnest Money/Bid Guarantee shall be in any one of the following alternative
forms subject to the approval of the purchaser.
(a) A crossed Bank Draft in favour of the Financial Advisor and Chief Accounts Officer,
Diesel Locomotive Works, Varanasi (U.P.) India, from a Nationalised Indian Bank or a
reputable Commercial Bank of the tenderer's country.
 (b) An irrevocable Bank guarantee or irrevocable letter of credit of any Nationalised Indian
Bank or reputable Commercial Bank of the tenderers' country in favour of the purchaser in
the form attached (Annexure-06)
6.2. The Earnest Money-Bid Guarantee shall remain deposited with the purchaser for the period of
180 days from the date of opening of Tenders. If the validity of the offer is extended, Earnest Money
Deposit/Bank Guarantee duly extended shall also be furnished failing which the offer after the expiry
of the aforesaid period shall not be considered by the purchaser.
6.3. No interest will be payable by the purchaser on the Earnest Money/Bid Guarantee.
6.4. The Earnest Money/Bid Guarantee 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 offer.
6.5 The Earnest Money of the successful tenderer will be returned after the Contract Performance
Guarantee as required (Clause-20 of the General Conditions of Contract) is furnished and formal
contract duly signed is received by the purchaser.
6.6. If the successful tenderer fails to furnish a Contract Performance Guarantee as required in
Clause-21 of the General Conditions of Contract ( Section-II) and fails to return the formal contract
duly signed within fifteen days of the receipt of the formal contract, then the earnest money shall be
liable to be forfeited by the purchaser.
6.7. The earnest Money of all unsuccessful tenderers will be returned by the Purchaser.
6.8. Any tender not accompanied by Earnest Money in one of the acceptable forms given in clause
6.1 above are liable to be rejected by the purchaser as non responsive.
7. SUBMISSION OF OFFERS
7.1. All offers shall be either type-written or written in indelible ink.
7.2. Any individual (s) signing the tender or other documents connected therewith should specify
whether he is signing.
(i) as sole proprietor of the concern or as attorney of the sole proprietor;
(ii) as a partner or partners of the firm;
(iii) as Director, Manager or Secretary in the case of a Limited Company duly authorised by a
resolution passed by the Board of Directors or in pursuance of the authority conferred by
Memorandum of Association.
7.3. In the case of a firm not registered under the Indian Partnership Act, all the partners or the
attorney duly authorised by all of them should sign the tender and all other connected document's.
The original power of attorney or other documents empowering the Individual or individuals to sign,
should be furnished to the purchaser for verification if required.
7.4. All prices and other information like documents etc. having a bearing or the price shall be
written both in figures and words in the prescribed Offer form.
7.5. Offer in the prescribed form (Annexure-1 or 2 as applicable) should be addressed to the
Controller of Stores, Diesel Locomotive Works, Varanasi (U.P.) INDIA.
7.6. Offers shall be as per the General and Special Conditions of Contract given in the Bid
Documents. By an act of submission of offer, unless otherwise stated under deviation statement by
the tenderer, the offer shall be deemed to be as per General & Special Condition of Contract. The
tenderer shall enclose a separate statement (Annexure-11) indicating only the deviations from any
clause or sub-clause of the General and Special Conditions of Contract, which he proposes with full
justification for such deviations. An unacceptable deviation may lead to summarily rejection of an
offer. The purchaser reserves the right to accept or reject these deviations and his decision thereon
shall be final.
7.7. Railway would prefer to deal with manufacture of stores directly and not with agent, brokers &
middlemen. Manufactures are, therefore, encouraged to quote against the tender.
7.8. Each page of the offer should be numbered consecutively, should bear the tender number and
should be signed at the tenderer at the bottom. A reference of the total number of pages comprising
the offer should be made at the top right hand corner of the first page.
7.9. The tenderer should avoid ambiguity in his offer e.g. if his offer is to his standard
sizes/lengths/dimensions, he should specifically state them in details without any ambiguity Brief
descriptions such as "standard lengths" etc. should be avoided in the offer.

8. LOCAL CONDITIONS
8.1. It will be imperative on each tenderer to fully acquaint himself of all the local conditions and
factors which would have any effect on the performance of the contract and cost of the stores. In his
own interest, the foreign tenderer should familiarise himself with the Income Tax act. 1961, the
Companies Act. 1956, the Customs Act. 1962 and related Laws in force in India. The purchaser shall
not entertain any request for clarifications from the tenderer regarding such local conditions. No
request for the change of price, or time schedule of delivery of stores shall be entertained after the
offer is accepted by the purchaser.
9. DELETED

10. PRICE BASIS AND INDEMNITY

10.1. Foreign tenderer shall quote his prices on the basis of (i) FOB nearest port of shipment having
facilities to handle the same, (ii) CFR Indian Port.
10.2. Under the CFR price, the FOB price, the ocean freight charges shall be indicated separately.
10.3. The terms FOB and CIF shall be as defined in the current edition of International Rules for the
interpretation of the Trade Terms published by the International Chamber of Commerce, Paris and
commonly referred as INCOTERMS 2010.
10.4. These prices should not include agency commission payable to Indian Agents which shall be
exhibited as already indicated in instruction to tenderers.
10.5. The prices should be stated only in one currency and should be either in the currency of the
manufacturer's country or an equivalent amount in the currency of the country of the tenderer.
However, if the goods offered are manufactured in more than one country, the tenderer may state the
bid price in the currency of the country of origin in which he wishes to be paid. Alternatively,
tenderer may, at his option, state the entire bid price in U.S. Dollars.
10.6 Deleted.
10.7. Unless otherwise condition mentioned in SOR, the prices quoted should be firm and not subject
to any variation. In case of CFR, ocean freight charges must also be firm and no variation will be
allowed on this account after the opening of tenders.
10.8. The tenderers should quote their lowest possible price. Quotations should be made only for
units specified in the "Schedule of Requirements"
10.9. Tenderers submitting indigenous offers shall indicate all the components of price which shall
include all State and Central taxes and Excise Duties leviable on the final finished supplies tendered
for. In addition, a complete break-up showing the ex-factory price, taxes and excise duties
individually, incidentals and handling charges, freight and insurance charges etc. if any shall also be
given.
11. INSURANCE
11.1. In the case of either FOB or CFR or FAS offer insurance shall be arranged by the Purchaser.
11.2. In the case of indigenous offers, the purchaser will not pay separately for transit insurance and
the supplier will be responsible till the entire stores contracted for, arrive in good condition at
destination. The consignee, will advise the tenderer within 45 (forty five) days of the arrival of goods
at the destination, any loss/damage etc. of the goods and it shall be the responsibility of the tenderer
to lodge the necessary claim on the carrier and/or insurer and pursue the same. The tenderer shall,
however, at his own cost replace/rectify immediately, to the entire satisfaction of the consignee, the
goods lost/damaged, without waiting for the settlement of the claim.
12. EVALUATION OF THE OFFERS
12.1 For purpose of the evaluation and comparison of offers, all prices shall be converted to Indian
Rupees at the exchange rate for each of the currencies in which such prices are expressed, on the date
of opening of tenders
12.2. Evaluation Criteria : Offers in foreign currency, received on FOB or CFR basis will be
evaluated in the following manner to arrive at total cost of the offers.
a)CIF cost will be calculated by adding freight as per rates of shipping Corporation of India ( SCI )
(In case of FOB offers) & insurance charges as per Indian Railways open cover Insurance policy. In
case of C&F offers, only insurance charges will be added.
b) Assessable value will be calculated by adding port/Landing charges @ one percent with the CIF
cost, Aggregate Customs Duty will be calculated on the assessable value and the total landed cost
will be worked out by adding the assessable value with the aggregate Customs Duty.
c) Thereafter, other charges as leviable ( such as L/C opening charges ) and as required in terms of
tender conditions (viz training, installation & commissioning charges etc. as quote, if any) will be
added to the total landed cost to arrive at the total cost of the offer.
d) The total cost of the offer as calculated above with will be compared with the FOR destination
price of indigenous offer.
12.3. Evaluation criteria not mentioned herein but mentioned specifically in the technical
specifications will be taken into consideration in the evaluation of offers.
12.4 (a) Discounts with conditions attached such as discounts having linkages to quantity, early
payment, early Receipt Notes etc. will not be considered for evaluation purpose. Thus
discounted rates, linked to quantities and prompt payment etc., will be ignored for
determining inter-se price ranking position. If a firm quotes different rates for different
quantity slabs, the highest of the rates so quoted will only be taken for determining the
inter-se price ranking position.
Though the rates without considering discounts with conditions attached and highest of the
rates of different quantity slabs shall only be considered for evaluation purpose, Railways
may avail the discounted/lowest of the slab rates, if otherwise firm's offer is found to be
acceptable.
(b) The purchaser reserves the right to split the tender quantity among two or more tenderers at
its descretion for reasons like vital/critical nature of items, quantity to be procured, past
 performance and capacity of the bidders, delivery required etc. While splitting the tender
quantity, the purchaser also reserves the right to give counter offer at a single rate
considered appropriate. This, however, does not in any way preclude the purchaser from
placing orders at differential rates.
12.5. Even though the purchaser reserves the right to obtain the materials at any one or more of three
Ports viz. Kolkata, Mumbai and Chennai Port: evaluation of tenders will be done on CIF
Kolkata basis, tenderers are, therefore requested to quote accordingly.
13. PAYMENT TERMS.
13.1. Foreign Supplies : The Standard payment terms subject to recoveries, if any under the
Liquidated Damages Clause in General Conditions of Contract will be as under:
(a) (i)100% payment on proof of inspection and shipment.
(ii) The foreign firm will be required to submit PBG of 10% value for claming 100% payment
against LC as per annexure-12. In case of CFR contract this payment will be subject to
furnishing of an additional Bank Guarantee in a form to be approved by the purchaser for the
amount to safeguard the purchaser against any loss. This additional guarantee for CFR
contract will be operative from the date of shipment to the date of delivery at port in India as
per annexure-12.

(b) The purchaser may at its option call for additional security in the form of Warranty Bank
Guarantee to ensure the satisfactory fulfillment of the warranty obligation of the firm. The
WBG will be in the format as indicated in annexure-13.

(c) Further, the purchaser may at its option permit the submission of a combined Performance
and Warranty Bank Guarantee. The combined performance and warranty BG will however
be in the format attached at annexure-13.
(d ) (i) In import case PBG/WBG may only be waived based on merit of case keeping in view the
past record of the firm’s response in settling the past outstanding cases (warranty failure etc.)
(ii)In case of waival of PBG/WBG in import cases the procedure of LC opening and payment
will be as follows :-
(a) LC to be opened for 100% value (FOB).
(b) 90% payment to be made on presentation of documents as per clause 1.19 (unless
otherwise indicated) and balance 10% payment will be made after receipt of
material by ultimate consignee i.e. Dy. CMM / Depot / DLW & inspection
thereof.

13.2. Indigenous supplies. The standard payment terms subject to recoveries, if any, under the
Liquidated Damages clause in the General Conditions of Contract will be as under:-
(a) 95% payment on proof of inspection and receipt of material at DLW & balance 5 % against
R/Note.
(b) 100% against R/Note.

14. DEDUCTIONS
14.1. Payment as in clause-13.1 and 13.2 above shall be subject to deductions of any amount for
which the Contractor is liable under the contract against this tender or any other contract in respect of
which the President of India is the purchaser.
15. PAYMENT PROCEDURE
15.1. The contract price will be normally paid in the currency or currencies in which the price is
stated in the successful tender.
15.2. Payment for contracts against indigenous tenders will be made in Indian Rupees against bills
preferred by the contractor. Any payment in the foreign currency that the contractor may have to pay
for imported components forming part of the tender will be arranged by him directly.
15.3. All banking charges in India and the Country of the vendor will be borne by the purchaser.
However, the following will be exception to this rule :-
(a) If the Vendor chooses his own L.C. advising/negotiating Bank and confirming Bank, then
foreign banking charges will be borne by the Vendor.
(b) All expenses on account of amendments to L.C on behest/request of the Vendor will be
borne by the Vendor.
(c) The vendor will not choose the Applicant bank (i.e. L.C. opening bank) in India. This
will be decided by D.L.W. in accordance with D.L.W's banking and administrative
procedures. If vendor does so they will have to bear Indian Bank Charges also.
(d) "If discrepant documents are received and discrepancy/ies is/are reported to DLW, the
exchange rate variation on higher side, if any, will be on firm account."

16 SHIPPING ARRANGEMENT
16.1. In the event of an order being placed on C & F basis, the contractor shall arrange shipment in
accordance with the requirements of the Ministry of Transport (Department of Surface Transport)
New Delhi, INDIA indicated in Annexure-8, (as applicable). The purchaser will, however, have the
right to change over the contract to FOB basis, if considered necessary after giving one month's
notice to the contracting firm. Shipping arrangements in the case of FOB contract shall be made by
the Shipping Co-ordination and Chartering Division/Shipping Co-ordination offices, Ministry of
Transport, (Department of Surface Transport), New Delhi, INDIA, in accordance with details given
in Annexure-9. Particulars of cargoes for which shipping space will be required in the execution of
contract should be furnished in detail (as per Annexure-10) to the Chief Controller of Chartering.
Shipping Co-ordination Officer, Ministry of Transport (Department of Surface Transport), Govt. of
'India, New Delhi, INDIA as soon as possible after the relevant contract is finalized.
17. PACKING
17.1. The items tendered will have to undergo arduous transportation before reaching the destination
and will have to be stored and handled in tropical climate conditions (including monsoons) before
they are put to the actual use. it is therefore, imperative that packing for every items is decided by
taking into consideration, inter - alia, the above vital factors, so as to eliminate damage/deterioration
of items in transit/transhipment/handling or during storage.
17.2. The specification of the packing proposed shall be indicated.
17.3. The packing advices should bring out the weight, dimensions and size of each bundle/package.
Where it is not possible to give weight of the bundles/packages, the contractor must indicate the
volume to the bundles/packages, the number pieces per bundle/package, number of
bundles/packages, and total weight of the items supplied.
17.4. Where the materials are shipped in bundles/packages the pieces in each bundles/package should
be of uniform sizes to facilitate quick acceptance and payment. The number of pieces in each
bundle/package should also be the same.
18. DELETED
19. ACCEPTANCE OF TENDER
19.1 The Purchaser reserve the right to accept a tender for a part or whole of the quantity offered,
reject any tender without assigning any reason and may not accept the lowest or any tender.
19.2. Acceptance of tender will be communicated by Fax,. Telegram. Express Letter or formal
acceptance of tender direct to the tenderer or through his authorised agent. In case where acceptance
is indicated by Fax, Telegram or Express Letter, the formal acceptance of tender will be forwarded to
the contractor as soon as possible but the Fax, Telegram or Express Letter should be deemed to
conclude the contract.
20. EFFECT AND VALIDITY OF OFFER
20.1. The submission of any offer connected with these specifications and documents shall constitute
an agreement that the tenderer shall have no cause of action or claim against the purchaser for
rejection of his offer. The purchaser shall always be at liberty to reject or accept any offer or offers at
his sole discretion and any such action will not be called into question and the tenderer shall have no
claim in that regard against the purchaser.
20.2. The offer shall be kept valid for a minimum period of one hundred and fifty (150) calendar
days from the date of opening of tenders.
20.3. Offers shall be deemed to be under consideration immediately after they are opened and until
such time the official intimation of award is made by the purchaser to the tenderer. While the offers
are under consideration, tenderers and/or their representatives or other interested parties are advised
to refrain from contacting the purchaser by any means. If necessary, the purchaser may obtain
clarifications on the offers by requesting for such information from any or all the tenderers, either in
writing or through personal contact, as may be considered necessary Tenderers are not permitted to
change the substance of their offers after the offers have been opened.
21. SPARE PARTS
21.1. Where required, the tenderer should quote, apart from main equipment, separately for the
mandatory spares as well as for recommended spares required for two years of operation. The rates
for such of the items of those spares should be indicated both in FOB and C & F basis in the case of
the imported offers and FOR destination in the case of indigenous offers with complete break-up as
indicated in the offer form. The purchaser reserves the right to order any or all the spares as quoted
for any quantity considered reasonable by him at the prices quoted by the tenderer and on the terms
and conditions quoted for the main equipment. The responsibility of the tenderer under the warranty
clause will not be diluted in any way on this account.
22. GENERAL
22.1. The tenderers must ensure that the conditions laid down for submission of offers detailed in the
preceding paras are completely and correctly fulfilled. Tenders which are not complete in all respects
as stipulated above are liable to be rejected.
23. LAST DATE OF RECEIPT OF THE TENDERS
23.1. The offers complete in all respects should reach the Controller of Stores, Diesel Locomotive
Works, Varanasi (U.P.) INDIA not later than 15.00 hrs. on the tender opening date specified in the
"Schedule of Requirements".
23.2. The tenders received shall be opened in DLW/Varanasi in the presence of such other tenderers
or their representatives, who may like to be present at 15.30 hrs. on the date specified in the
"Schedule of Requirements" and where practicable, the names of tenderers and the rates tendered by
them will be read out.
24. VENDOR ASSESSMENT (FOR UN APPROVED TENDERERS)
All unapproved tenderers are required to furnish detailed information as per Vendor Assessment
form enclosed at Annexure - 4 except ITCC. They are also required to furnish following information.
(i) Details of stocks of raw material held.
(ii) If they are a small scale unit regd. with National Small Industries Corporation Ltd., /New
Delhi they should furnish full particulars of items, registration, currency period and
monetary limit etc.

25. DISTRIBUTION OF PROCURABLE QUANTITY

25 (i) 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.
25.(ii) (a) : Whenever such distribution /splitting of the tendered/procurable quantity is made, the
quantity distribution will depend (in an inverse manner) upon the differential of rates
quoted by the tenderers (other aspects i.e. adequate capacity cum capability, satisfactory
past performance of the tenderers, out standing orders load for the railway making the
procurement, quoted delivery schedule vis a vis the delivery schedule incorporated in the
tender enquiry etc. being same/similar) in the manner detailed in he table below-
Price differential between L1 & L2 Quantity distribution ratio between L1 & L2
Up to 3% 60:40
More than 3% and up to 5% 65:35
More than 5% At least 65% on the L1 tenderer. The quantity to
be ordered on the L2 tenderer will be decided as
per relevant Railway Board's guidelines.
(b) : If splitting of quantity is required to be done by ordering on tenderers higher than L2
tenderer, then the quantity distribution Proportion amongst the tenderers will be decided
by extrapolation of the model as indicated in para 25 (ii) (a) above.
(c) : 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 the quantity distribution ratio/proportion.
25. (iii) The rate of the highest eligible tenderer within the zone of consideration has to be, per-se,
reasonable.
25.(iv) In the cases of inadequate capacity - cum - capability, dissatisfactory past performance,
large quantity of outstanding orders (liquidation of which will take very long time etc., the
Purchaser shall have the right to distribute the procurable quantity amongst tenderers with
due consideration to these constraints and in such a manner as would ensure timely supply
of materials in requisite quantity to meet the needs of DLW regardless of inter-se ranking
of the tenderers and in a fair and transparent manner with due conformity to the Principle
of natural Justice and Equity.

26. ORDERING ON APPROVED SOURCES

26. (i) Unless otherwise indicated in SOR, bulk order will be placed on Part-I approved source(s).
26. (ii) Ordering on Part-II approved source with competitive price ranking can be considered
beyond 15% in case that source has successfully executed a larger quantity order in the
same Railway unit or other Railway Units/Pus in the preceding 3 years, Successful
execution will be signified by both quantitative and qualitative performance. Upper limit
of quantity to be ordered on such a source will not exceed 25% of the net procurable
quantity in a given procurement case with another 5% on new source in deserving cases
with strict compliance of extant procedure on such educational ordering. That is to say the
ordering quantity on a Part-II source can be upto 15% or the highest quantity of a past
order, successfully executed in the preceding 3 years in the same Railway unit or other
Railway units/PUs, whichever is higher, subject to a maximum of 25% of the net
procurable quantity in the given procurement case.
26. (iii) It is also likely that there may be cases where more than one Part-II source are within the
zone of consideration on the basis of competitive price ranking with satisfactory past
performance on that Railway. In such cases each Part-II source can be considered for
ordering in the same manner as indicated above.
“Aggregate Quantity to be ordered on all Part-II approved vendors taken together, will not
exceed 25% of the net procurable quantity, in a given procurement case”.
26. (iv) All Part-II approved tenderers must submit attested photocopies of POs, inspection
certificates and receipt notes / certificates related to the maximum quantity of the material
under procurement, successfully supplied by them in any single order placed on them
over the preceding three years by any Zonal Rly/PU. Such tenderers are to note that non-
submission of such documents shall be taken as their not having any such past
performance and their offers shall be considered further as per extant rules and no back
reference in this regard will be made to them”.
26. (v) Ordering on part-II source and educational orders (Developmental/Trial order) will not be
considered as splitting of quantity.

26. (vi) When there is no approved vendor in Part-I category and vendors are approved in Part-II
category only, Pt-II approved vendor (s) will be considered for bulk coverage without
any quantity restriction otherwise applicable for Pt-II vendors.

27. DELETED
28. DELETED
29. MISCELLANEOUS
29.1 In case tenderer himself is not the manufacturer of the item, valid authorisation, certificate must
be submitted alongwith offer otherwise offer is liable to to be rejected.
29.2. Proforma quotation of principal is to be attached with the offer.
29.3 Tenderer must clearly indicate make & model no. of item offered and also submit detailed
specification. Leaflets/catalogues marking the offered model, specifically, failing which the offer is
likely to be ignored without any further reference to firm.
29.4 The tenderer must give details of supply of the quoted item in past with full particulars. The
details of machinery & plants etc. must also be furnished alongwith the offer.
29.5 Firms must give specific comments/confirmation to each and every aspect to specification and
clearly indicate compliance/non-compliance. In absence of their, offer will be taken as incomplete &
the same may be passed over without any further reference to you.
29.6. Tenderers/suppliers while quoting in the tender as well as submitting their invoice/bill they
should indicate the freight charges separately from the price of the goods.
29.7. Government price preference policy :
“The Purchaser reserves the option to give a purchase/price preference to the offer from public Sector
units and/or from small scale/cottage industries units, over those from other firms, in accordance with
the policies of the government from time to time. The price preference above can not however be
taken for granted and every endeavor need to be made by them to bring down cost and achieve
competitiveness”.
29.8. a) Tendererer has to purchase stamp-paper from the govt. treasury office for all requirements
in this tender i.e. EMD, PBG, WBG as applicable.
b) A confirmatory letter has to be given by the tenderer that stamp-paper has been purchased
from Government Treasury office (Name.................................................)
29.9. i) Tenderer to give consent in a mandated form for receipt of payment through ECS/EFT :-
“We hereby authorize the purchaser to make payment in respect of supplies made and bills
cleared through electronic transfer.”
ii) 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 and Branch code as appearing on MICR cheque issued by bank.
iii) Tenderer to attach certificate from their bank certifying the correctness of all above
mentioned information (as mention in para (ii) above.)

Fax : +91-0542-270603 Controller of Stores.

Telex : +91-0542-230 DLW-IN Diesel Locomotives Works,
Cable/Grams : DIESELOCO Varanasi (U.P.) INDIA
E-mail : cos@ dlw.railnet.gov.in
Web site : www.dlw.indianrailways.gov.in
 SECTION-II
GENERAL CONDITIONS OF CONTRACT
TABLE OF CONTENTS

Clause Page No

1. Definitions 18
2. Execution 18
3. Responsibility of the Contractor for executing contract 18
4. Consignee’s Right of Rejection 18-19
5. Indemnity 19
6. Prices 19
7. transfer & sub-letting 19
8. Drawings 19
9. Alterations 19-20
10. Progress Report 20
11. Delivery F.O.B. – Invoices and Freight 20
12. Customs drawback 20
13. Marking 20-21
14. Packing 21
15. Supply of drawings. Tracings and specifications 21
16. Corrupt gifts and payment of commission 21
17. Delivery period 21
18. Liquidated damages 21-22
19. Default and Risk Purchase 22
20. Force Majeure 22
21. Performance Guarantee Bond 22-23
22. Inspection 23-24
23. Inspecting Officer-Power of Rejection 24
24. Consequence of Rejection 24-25
25. Acceptance of stores dispatched after the expiry of delivery period 25-26
26. Export Licence 26
27. Arbitration 26-27
28. Laws governing the contract 27-28
29. Secrecy 28
30. Quantity Variation 28
31. Work Test Certificate 28
 SECTION-II
GENERAL CONDITIONS OF CONTRACT

1. DEFINITIONS
1.1. Throughout these conditions and in the specifications, the terms :-
"Contractor" means the person, firm or company with whom the order for the supply is
placed and shall be deemed to include the contractor's successors (approved by the
purchaser), heirs, executors, and administrators, as the case may be, unless excluded by the
terms of the contract.
2. EXECUTIONS
2.1. The whole contract is to be executed in the most approved, substantial and workmanlike manner,
to the entire satisfaction of the purchaser or his nominee, who, both personally and by his deputies,
shall have full power, at every stage of progress, to inspect the stores at such times as he may deem
fit and to reject any of the stores, which he may disapprove, and his decision thereon, and on any
question of the true intent the meaning of the specifications shall be final and conclusive.
3. RESPONSIBILITY OF THE CONTRACTOR FOR EXECUTING
CONTRACT
3.1. Risk in the Stores : The contractor shall perform the contract in all respects in accordance with
the terms and conditions thereof. The Stores and every constituents part thereof, whether in
possession or control of the contractor, his servants or a carrier, or in the joint possession of the
contractor, his servants and the purchaser, his servants, shall remain in every respect at the risk of the
contractor until their actual delivery to the consignee at the stipulated place or destination or where
so provided in the acceptance of tender, until their delivery to a person specified in the "Schedule of
Requirements", as interim consignee for the purpose of despatch to the ultimate consignee. The
contractor shall be responsible for all loss, destruction, damage or deterioration of or to the stores
from any cause what-so-ever while the stores after approval by the inspector are awaiting despatch or
delivery or are in the course of transit from the contractor to the consignee, or the interim consignee
as the case may be. The contractor alone shall be entitled and responsible to make claim against
Railway Administration or any other carrier in respect of non-delivery, short delivery, misdelivery,
loss, destruction damage or deterioration of the goods entrusted to such carrier by the contractor for
transmission to the consignee or the interim consignee as the case may be.
4. CONSIGNEE'S RIGHT OF REJECTION
(i) Notwithstanding any approval which the inspector may have given in respect of the stores
or any materials or other particulars or the work or workmanship involved in the
performance of the contract (whether with or without any test carried out by the contractor
or the inspector or under the direction of the Inspector) and notwithstanding delivery of the
stores, where so provided to the interim consignee. it shall be lawful for the consignee, on
behalf of the purchaser, to reject the stores or any part, portion of consignment there or
within 90 days after actual delivery thereof to him at the place or destination specified in
the schedule, if such stores or part/portion of consignment thereof is not in all respect in
conformity with the terms and conditions of the contract whether on account of any loss,
deterioration or damage before despatch or delivery or during transit or otherwise what so
ever.
 (ii) Provided that where, under the terms of the contract, the stores are required to be delivered
to an interim consignee for the purpose of despatch to the consignee, the stores shall be at
the purchaser's risk after their delivery to the interim consignee but nevertheless it shall be
lawful for the consignee on behalf of the purchaser to reject the stores or any part/portion of
consignment thereof upon their actual delivery to him at the destination, if they are not in
all respect in conformity with the terms and conditions of contract, except where they are
not in all or have been deteriorated in the course of transit otherwise after their delivery to
the interim consignee.

(iii) The provisions contained in the clause-24 of this section relating to the removal of stores
rejected by the inspector shall, mutatis mutandis, apply to stores rejected by the consignee
as herein provided.
5. INDEMNITY
5.1. The contractor shall at all times indemnify the purchaser against all claims which may be made
in respect of the said work for infringement of any right protected by patent registration design or
trade mark; provided always that in the event of any claim in respect of an alleged breach of a patent
registered or trade mark being made against the purchaser he shall notify the contractor of the same
and the contractor shall be at liberty, but at his own expense, to conduct negotiations for settlement of
any litigation that may arise therefrom.
6. PRICES
6.1. The Prices stated include all costs of stamping, painting, marking, protection or preservation of
the stores etc. any claim what-so-ever that may arise from the manufacture, packing, shipment,
marking, or delivery of Dock and Harbour dues, port's rates, export taxes and other fees or charges, if
any levied because of exportation. The prices stated are also to include all rights (if any) of patent,
registered design or trade mark and the contractor shall indemnify the purchaser against all claims in
respect of the same.
7. TRANSFER AND SUBLETTING
7.1. The contractor shall not sublet (otherwise than that which may be customary in the trade
concerned), transfer assign or otherwise part with directly or indirectly to any person or persons,
whatever is in this contract, or any part thereof without the previous written permission of the
purchaser or his nominee.
8. DRAWINGS
8.1. If any figure of a drawing differ from those obtained by scaling the drawings, the figured
dimensions shall be taken as correct.
9. ALTERATIONS
9.1. The purchaser or his nominee may require such alteration to be made on the work during its
progress as he deems necessary. Should these alterations be such that either party to the contract
considers an alteration in price justified, such alteration shall not be carried out untill amended price
have been submitted by the contractor and accepted by the purchaser. Should the contractor proceed
to manufacture such stores without obtaining the consent in writing of the purchaser to an amended
price, he shall be deemed to have agreed to supply the stores at price as may be considered
reasonable by the purchaser.
10. PROGRESS REPORT
10.1. The contractor shall render such reports as to the progress of the contract and in such form as
may be called by the purchaser or his nominee. The submission and acceptance of those reports shall
not prejudice the rights of the purchaser in this Contract in any manner.
11. DELIVERY
11.1. Delivery in FOB contract: The stores shall be delivered by the contractor free on board such
vessels in such port or ports named in the quotation, as the purchaser or his nominee may require.
11.2 Such number of inspection certificates, advice notices, packing accounts and invoices, as may
be required by the purchaser or his nominee, shall be furnished by the contractor at his own cost.
11.3 Freight for the conveyance of the stores or any part thereof will be engaged by the purchaser or
his nominee, who will give due notice to the contractor about availability of vessels. Should the
stores or any part thereof be not delivered within 7 days of the receipt of such notice by the
contractor, the contractor will be liable for all payments and expenses that the purchaser incur or be
put to, by reason of such non-delivery including dead and extra freight demurrage of vessels and any
other charges incurred by the purchaser whatsoever.
11.4 Delivery term in contract - The stores shall be delivered free of expense to the purchaser on
board the vessels for ocean transportation to the named Indian Port, including any charges for
unloading at the said Port as also marine Insurance covering transit risk upto the ultimate destination
being paid by the supplier. The supplier shall be free to ship the goods by vessels registered in any
eligible source under World Bank Guideline or through a shipping conference in which such eligible
sources hold a major share.
12. CUSTOMS DRAWBACK
12.1. If, by reason of a customs notification published after the placing of the contract, the stores to
be supplied shall become, on export, subject to customs drawback in respect of duty paid on them or
on the materials used in their manufacture the contractor shall recover the amount of the drawback
and the contract price of the stores shall be reduced by the amount so recovered.
13. MARKING
13.1. The marking of all goods supplied shall comply with the requirements of the Indian Acts
relating to merchandise marks or any amendment thereof and of the rules made thereunder. The
following marking of the materials is required:
(a) The following particulars should be stenciled with indelible paint on all the
materials/packages supplied loose:
(i) Contract number
(ii) Specification No.
(iii) Item No.
(iv) Port consignee
(v) Abbreviated consignee marks
(b) The marking as in (a) above should be on lables securely clamped to the packages or
bundles so as to break loose during transit. The use of steel tags for this purpose should be
avoided.
(c) In addition to the markings as specified above, distinguishing colour marks should be given
so as to distinguish the ultimate consignee in India.
14. PACKING
14.1. The contractor will be held responsible for the stores being sufficiently and properly packed so
as to ensure their being free from any loss or injury on arrival at their destination.
14.2. Where materials are to be supplied in bundles, the gross weight should not exceed 1.9 metric
Tonne per bundle for shipments to Indian Ports.
15. SUPPLY OF DRAWINGS, TRACINGS AND SPECIFICATIONS
15.1. Any drawings, tracings or descriptions specified shall, unless otherwise directed, be furnished
by the contractor with the first consignment of the work to which they relate and no payment
whatsoever will be made until such drawings, tracings or descriptions have been furnished to the
satisfaction of the purchaser.
16. CORRUPT GIFTS AND PAYMENTS OF COMMISSION
16.1. Any bribe commission, gift or advantage, given, promised or offered by or on behalf of the
contractor, his agents or servants or any one on his/their behalf to any employee representative or
agent of the purchaser or any person on his behalf in relation to the execution of this or any other
contract with the purchaser shall in addition to the criminal liability under the laws in force, subject
the contractor to cancellation of this and all other contracts with the purchaser, and also to payment
of any loss resulting from any such cancellation to the like extent as is provided in case of
cancellation under clause "DEFAULT" given below and the purchaser shall be entitled to deduct the
amounts so payable from any money otherwise due to the contractor under this or any other contract.
Any question or dispute as to the commission of any offence under the present clause shall be settled
by the purchaser in such manner and no such evidence or information as may be thought fit and
sufficient and his decision shall be final and conclusive on the matter.
17. DELIVERY PERIOD
17.1. Timely delivery is required in terms of the condition of contract. The purchaser attaches the
utmost importance to timely deliveries and requests the manufacturers to take note of the liquidated
damages and risk purchase conditions as are applicable in case of delays in supplies.
18. LIQUIDATED DAMAGES
18.1. In the event of the contractor's failure to have stores ready for delivery by the time or times
respectively specified in the letter of acceptance or contract, the purchaser may withhold any
payment until the whole of the stores have been fully supplied or delivered and may deduct or
recover from the contractor as liquidated damages (and not by way of penalty), a sum at the rate of 2
percent (two percent) or the price of any stores which the contractor has failed to deliver as aforesaid
for each and every month (part of a month being treated as a full month) during which the stores may
not be ready for delivery subject to maximum of 10% of value of delayed supplies. Provided,
however that if the delay shall have arisen from any cause which the purchaser may admit as
reasonable ground for further time, the purchaser may, at his discretion, allow such additional time as
he may consider to have required by the circumstances of the case and shall forego the whole or such
part, as he considers reasonable of his claim for such loss or damage as aforesaid.
19. DEFAULT AND RISK PURCHASE
19.1. Should the contractor fail to have the stores ready for delivery by the time or times agreed
upon as aforesaid, or should the contractor in any manner otherwise fail to perform the contract, the
purchaser shall have power to declare the contract at an end at the risk and cost of the contractor as
provided in every way. In such a case, the contractor shall be liable for any expenses, losses or
damages which the purchaser may be put to incur or sustain by reason of or in connection with the
contractor's default.
19.2. In the event of risk purchase being made against the contract the contractor will be liable to
pay to the purchaser extra expenditure incurred i.e. in procuring the same or similar stores and/or
equipment the difference between the rate quoted by the lowest acceptable tenderer against the tender
and that at which the risk purchase contract is concluded, provided it is done within nine (9) months
from the date of breach of the contract.
19.3 The cancellation of the contract may be either whole or part of the contract at purchaser's
option. In the event of the purchaser terminating this contract in whole or in part, he may procure
upon such terms and in such manner as he deems appropriate, supplies or services similar to those so
terminated, if risk purchase is not rendered possible for any reason in which event the contract shall
be liable to the purchaser for any excess costs for such similar supplies/or services. However, the
contractor shall continue the performance of this contract to the extent not terminated under the
provisions of this clause.
20. FORCE MAJEURE
20.1. In event of any unforeseen event directly interfering with the supply of stores arising during
the currency of the contract, such as insurrection, restraint imposed by the Govt., act of legislative or
other authority; war, hostilities, acts of the public enemy, civil commotion. sabotage, fires, floods,
explosions, epidemics, quarantine restrictions, strikes, lockouts or acts of God the contractor shall
within two weeks from the commencement thereof, notify the same in writing to the purchaser with
reasonable evidence there of. If the force majeure condition (s) mentioned above will be in force for
a period of 180 days or more at any times the purchaser shall have the option to terminate the
contract on expiry of 90 days of commencement of such force majeure by giving 14 days notice to
the contractor in writing. In case of such termination no damages shall be claimed by either party
against the other save and except those which had occured under any other clause of this contract
prior to such termination.
21. PERFORMANCE GUARANTEE BOND
21.1. After a letter of acceptance is issued by the purchaser, the contractor shall furnish a
performance guarantee bond in the proforma attached (Annexure-12) from a Nationalized Bank
or Schedule commercial foreign bank branches operating in India Governed by Reserve Bank of
India guidelines or foreign bank duly countersigned by a Nationalized Indian Bank within 15
days from the receipt of the letter of acceptance of the tender by the contractor or the execution
of the contract, whichever is earlier, for an amount equivalent to 10% of the value of the contract
in the same currency of the contract price. The expenses to be incurred for the counter signature
of a nationalized bank shall be borne by the contractor. On the performance and completion of
the contract in all the aspects the Performance Guarantee Bond will be returned to the contractor
without any interest. In case furnishing of an acceptable performance Guarantee Bond is delayed
by the contractor beyond the period provided above and bond is accepted by the Purchaser,
Liquidated damages, as provided in clause-18 for a period of delay in submission of the bond,
may be levied. Alternatively, the purchaser may declare the contract as at an end and enforce
clause 19.
21.2. The Performance Guarantee Bond shall remain in full force and effect during the period that
would be taken for satisfactory performance and fulfillment in all respects in the contract i.e. till
satisfactory supply of material at consignee's place or till satisfactory commissioning of machine (as
the case may be ). Unless otherwise specified, the PBG will be valid for 12 months after the date of
last shipment/delivery of the goods. Further, before the expiry of the date of validity of the
Performance Guarantee Bond, the Contractor on being called upon by the Purchaser from time to
time shall obtain from the Guarantor Bank, extension of time for validity thereof for a period of six
months, on each occasion, The extension or extensions aforesaid executed on non-judicial stamp
paper of appropriate value must reach the Purchaser at least thirty days before the date of expiry of
the Performance Guarantee Bond on each occasion.
21.3. As and when an amendment is issued to the contract the contractor shall within fifteen days of
the receipt of such an amendment furnish to the purchaser an amendment to the performance
Guarantee Bond rendering the same valid for the contract as amended.
21.4. The Performance Guarantee Bond and/or any amendment thereto shall be executed on a
stamped paper of requisite money value in accordance with the laws of the country in which the same
is/are executed by the party competent to do so.
22. INSPECTION
22.1. Inspection will be carried out by the purchaser or his nominee. The cost of inspection will be
on purchaser's account subject to other provisions herein contained. At least four weeks notice must
be given to the inspecting authority to enable him to arrange the necessary inspection.
22.2. Facillities for Test and Examination
(i) The contractor shall provide, without extra charge all materials, equipments, tools, labour
and assistance of every kind which the purchaser or his nominee may consider necessary
for and tests and examinations which he or his nominee shall require to be made on the
contractor's premises and shall pay all costs attendant thereon.
(ii) The contractor shall also provide and deliver free of charge, at such places as the purchaser
or his nominee may nominate such materials as he or his nominee may require for test by
chemical analysis or independent testing machines. The cost of any such test will be
defrayed by the purchaser unless it is stated in the specification that it is to be paid by the
contractor.
22.3. Notification of Result of Inspection
Unless otherwise provided in the specifications or "Schedule of Requirement" the examination
of stores will be made as soon as practicable after the same have been submitted for inspection and
the result of the examination will be notified to the contractor.

22.4. Inspection Notes

On the stores being found acceptable by the Inspecting Officer, he shall furnish the contractor
with necessary copies of the Inspection Notes duly completed, for being attached to the contractor's
bill in support thereof.
22.5. Certification of Inspection and Approval
(i) No stores will be considered ready for delivery until the Purchaser or the Inspecting Officer
nominated by him shall have certified in writing that they have been inspected and
approved by him.
(ii) It shall be the responsibility of the contractor to ensure that only such goods as have been
duly inspected and approved by the Inspecting Authority, are offered for arranging
shipment to the Government of India Forwarding Agents and to furnish to them a
certificate as under :
 "Certified that the goods offered for arranging shipment have been duly inspected and
approved by the prescribed authority in accordance with the terms of the contract and a
copy of the Inspection Certificate issued in this regard is enclosed".
23. INSPECTING OFFICER-POWERS OF REJECTION
23.1. The Inspecting Officer shall have the power-
(i) Before any stores or Part thereof are submitted for inspection, to certify that they cannot be
in accordance with the contract owing to the adoption of any unsatisfactory method of
manufacturing.
(ii) To reject any stores submitted as not being in accordance with the particulars.
(iii) To reject the whole of the installment tendered for inspection, if after inspection of such
portion thereof, as he may in his discretion think fit, he is satisfied that the same is
unsatisfactory.
(iv) To mark the rejected stores with a rejection mark. so that they may be easily identified if
re-submitted.
23.2. The Inspecting Officer's decision as regards the rejection shall be final and binding on the
contractor.
24. CONSEQUENCE OF REJECTION
24.1. If on the stores being rejected by the Inspecting Officer of consignee at the destination, the
contractor fails to make satisfactory supplies within the stipulated period of delivery, the purchaser
shall be at liberty to-
(i) Request the contractor to replace the rejected stores forthwith but in any event not later
than a period of 21 days from the date of rejection, and the contractor shall bear all the cost
of such replacement, including freight, if any, on such replacing and replaced stores but
without being entitled to any extra payment on that or on any other account.
(ii) Purchase or authorize the purchase of stores rejected or stores of a similar description
(when stores exactly complying with the particulars are not, in the opinion of the purchaser
which shall be final, readily available) without notice to the contractor, at his risk and cost
and without affecting the contractor's liability as regards to the supply of any further
installment due under the contract, or
(iii) Cancel the contract and purchase or authorize the purchase of the stores or stores of a
similar description (when stores exactly complying with the particulars are not in the
opinion of the purchaser which shall be final readily available) at the risk and cost of the
contractor. In the event of action being taken under sub-clause (ii) above or this sub-clause,
the provisions of clause-19 of the General Conditions of Contract, shall apply as far as
applicable.
24.2. Where, under a contract, the price payable is fixed on F.O.B. port of export or F.O.R. (station
of dispatch) the contractor shall, if the stores are rejected at the destination by the consignee, be liable
in addition to his other liabilities including refund of price recoverable in respect of the stores so
rejected, to reimburse to the purchaser, the freight and all other expenses incurred by the purchaser in
this respect.
24.3. Rejected Stores
On rejection of any stores submitted for inspection at a place other than the premises of the
contractor, such stores shall be removed by the contractor at his own cost, subject as hereinafter
stipulated, within 21 days of the date in intimation of such, rejection. If the concerned
communication is addressed and posted to the contractor at the address mentioned in the schedule, it
will be deemed to have been served on him at the time when such communication would in course of
ordinary post reach the contractor. Provided further that the inspector may call upon the contractor to
remove dangerous, infected or perishable stores within 48 hours of the receipt of such
communication and the decision of the inspector in this behalf shall be final in all respects. Provided
further that where the price or part thereof has been paid, the consignee is entitled without prejudice
to his other rights to retain the rejected stores till the price paid for such stores is refunded by the
contractor and that such retention shall not in any circumstances be deemed to be the acceptance of
the stores or waiver of rejection thereof.
24.4. All rejected stores shall in any event and circumstances remain and always be at the risk of the
contractor, immediately on such rejection. If such stores are not removed by the contractor within the
period aforementioned, the inspector may remove the rejected stores and either return the same to the
contractor at his risk and cost by such mode of transport as the purchaser of the Inspector may
decide, or dispose off such stores at the contractor's risk and on his account and retain such portion of
the proceeds, if any, from such disposal, as may be necessary to recover any expense incurred in
connection with such disposal (or any price refundable as a consequence of such rejection) The
Purchaser shall in addition, be entitled to recover from the contractor, the handling and storage
charges for the period during which the rejected store are not removed/disposed off in accordance
with the provision thereof.
25. ACCEPTANCE OF STORES DESPATCHED AFTER THE EXPIRY OF
DELIVERY PERIOD
25.1. In cases where only a portion of the stores ordered is tendered for inspection at the fag end of
the delivery period and also in cases where inspection is not completed in respect of the portion of
the stores tendered for inspection during the delivery period because of the reason that adequate
notice for inspection in accordance with clause-22.1 of General conditions of Contract was not given
by the contractor, the purchaser reserves the right to cancel the order for the balance quantity, at the
risk and expense of the contractor without any further reference to him. If the stores tendered for
inspection during or at the fag end of the delivery period are not found acceptable after carrying out
the inspection, the purchaser is entitled to cancel the contract in respect of the same at the risk and
expense of the contractor. If however, the stores tendered for inspection are found acceptable the
purchaser may grant an extension of the delivery period subject to the following conditions :-
(a) The purchaser has the right to recover from the contractor the liquidated damages on the
stores, which the contractor has failed to deliver within the period fixed for delivery.
(b) That no increase in price on account of any statutory increase in or fresh imposition of
Customs Duty, Excise Duty, Sales Tax, Freight Charges or on any account of any other tax
or duty leviable in respect of the stores specified in the contract, which takes place after the
date of delivery period stipulated in the said Acceptance of Tender, shall be admissible on
such of the said stores as are delivered after said date.
(c) The notwithstanding any stipulation in the contract for increase in price on any other
ground no such increase which takes place after the delivery date stipulated in the contract
shall be admissible on such of the said stores as are delivered after the said date.
 (d) But nevertheless the purchaser shall be entitled to the benefit of any decrease in price on
account of reduction in or remission of Customs Duty, Excise Duty, Sales Tax or on
account of any other ground which takes place after the expiry of the above mentioned date
namely the delivery date stipulated in the contract. The contractor shall allow the said
benefit in his bills or in the absence of thereof shall certify that no decrease in price on
account of any of these factors has been taken place.
(e) That any additional expenditure incurred by the purchaser on custom duty, freight charges
as also extra cost which may arise on account of variation in exchange rate during the
extended delivery schedule shall be borne by contractor.
25.2. The contractor shall not despatch the stores till such time an extension in terms of "Clause 25.1
(a) and (b) above is granted by the purchaser and accepted by the contractor. If the stores are
despatched by the contractor before an extension letters as aforesaid is issued by the purchaser and
the same are accepted by the consignee, the acceptance of the stores shall be deemed to be subject to
the conditions (a) and (b) mentioned in clause-25.1 above.
26. EXPORT LICENCE.
26.1. If required, the contractor shall apply to the appropriate Government Authority of the
exporting country for the grant of the requisite Export Licence within seven days of the receipt of
contract.
27. ARBITRATION
27.1. (a) For Indigenous Suppliers
In the event of any question, dispute or difference arising under these General Conditions of
Contract or any Special Conditions of Contract, or Instructions to Tenderer's or in connection with
this contract (except as to any matter the decision of which is specifically provided for by these
conditions or Instruction to Tenderers’ or the Special Conditions) the same shall be referred to a sole
arbitrator which will be a Gazetted Railway Officer appointed as the Arbitrator by General Manager,
Diesel Locomotive Works, Varanasi (U.P.) INDIA. The Gazetted Railway Officer to be appointed as
Arbitrator, however, will not be one of those who had an opportunity to deal with the matter to which
the contract relates or who in the course of their duties as railway servants had expressed views on all
or any of the matters under dispute or difference. The award of the Arbitratior shall be final and
binding on the parties to this contract.
(b) For Foreign Suppliers
In the event of any dispute or difference arising between the parties hereto relating to any matter
arising out or connected with this agreement, such dispute or difference shall be referred to the
Award or tribunal of two Arbitrators, one Arbitrator to be nominated by the purchaser and the other
to be nominated by the contractor or in the case of the said Arbitrators not agreeing then to the award
of an Umpire to be appointed by the Arbitrators in writing before proceeding with the reference, and
in case the Arbitrators cannot agree, to the Umpire, the Umpire may be nominated by the Chief
Justice of India. The award of the Arbitrators shall be final and binding on the parties. Subject as
aforesaid to the Indian Arbitration & Conciliation Act. 1996 the rules thereunder and any statutory
modification or re-enactments thereof shall apply to the arbitration proceedings under this agreement.
The venue of the arbitration in all cases shall be in India.
27.2. In the event of the arbitrator (s) dying neglecting or refusing to act, or resigning or being
unable to act for any reason or his award being set aside by the court for any reason, it shall be lawful
for the authority appointing the arbitrator(s) to appoint another arbitrator(s) in place of the outgoing
arbitrator(s) in the manner aforesaid.
27.3. It is further a term of this contract that no person other than the person appointed by the
authority as aforesaid should act as arbitrator and that if for any reason that is not possible the matter
is not to be referred to arbitration at all.
27.4. The arbitrator may from time to time, with the consent of all the parties to the contract enlarge
the time for making the award.
27.5. Upon every and any such reference the assessment of the cost incidental to the reference and
award respectively shall be at the discretion of the arbitrator(s).
27.6. Subject as aforesaid, the Arbitration & Conciliation Act-1996 and the rules thereunder and any
statutory modification thereof, for the time being in force, shall be deemed to apply to the arbitration
proceeding under this clause.
27.7. Work under the contract, if reasonably possible, may continue during the arbitration
proceedings and no payment due to or payable by the purchaser shall be held on account of such
proceedings.
27.8. The venue of arbitration shall be the place from which the purchase order is issued or such
other place in India the arbitrator(s) at his/her / their discretion may determine.
27.9. In this clause the authority to appoint the arbitrator includes, if there be no such authority the
officer for the time being discharging the functions of that authority, whether in addition to other
functions or otherwise.
28. LAWS GOVERNING THE CONTRACT
28.1. This contract shall be governed by the laws of India for the time being in force.
28.2. Irrespective of the place of delivery the place of performance or place of payment under the
contract, the contract shall be deemed to have been made at the place in India from where the
contract has been issued.

28.3. Jurisdiction of courts

The courts of the place from where the contract has been issued shall alone have jurisdiction to
decide any dispute arising out of or in respect of the contract.
29. SECRECY
29.1. The contractor shall take all reasonable steps necessary to ensure that all persons employed in
any work in connection with the contract, have full knowledge of the Official Secrets Act and any
regulations framed thereunder.
29.2. Any information obtained in the course of the execution of the contract by the contractor his
servants or agent or any person so employed as to any matter whatsoever which would or might be
directly or indirectly of use to any enemy of India, must be treated as secret and shall not at any time
be communicated to any person.
29.3. Any breach of the aforesaid conditions shall entitle the purchaser to cancel the contract and to
purchase or authorize the purchase of the stores at the risk and cost of the contractor in accordance
with the clause-19 of the General Conditions of Contract. In the event of such cancellation, the stores
or parts manufactured in the execution of the contract shall be taken by the purchaser at such price as
he considers fair and reasonable and the decision of the purchaser to such price shall be final and
binding on the contractor.
30. QUANTITY VARIATION
Unless otherwise indicated the purchaser reserves the right to vary the quantity mentioned in the
“Schedule of requirement” by + 30%. It shall also be binding on the contractor to accept the
increased quantity within stipulated delivery period/extended delivery period if any, irrespective of
the fact whether originally contracted quantity has been shipped/despatched or not.
31. WTC :
The works Test Certificate, if required to be submitted as per contract should be submitted as per
Annexure-14.
 SECTION-III
SPECIAL CONDITIONS OF CONTRACT
TABLE OF CONTENTS

Clause Page No

1. Definitions 30
2. Performance of works 30
3. Specifications 30
4. Mistakes in drawings 30
5. Variations 30-31
6. Obligation to carry out Inspector’s instructions 31
7. Responsibility of completeness 31-32
8. Shipment of Stores beyond the stipulated 32
delivery period for FOB contract
9. Warranty 32-33
10. Port Consignee 33
11. Ultimate Consignee 33
12. Tax paid identification no. 33
 Section III
SPECIAL CONDITIONS OF CONTRACT
The following special conditions shall apply to contracts for the supply of plant and machinery and
manufactured equipment. But where they differ from the General Conditions, the Special Conditions
shall over-ride the General Conditions.
1. DEFINITIONS
1.1. (a) The term “Work” means all the work specified or set forth and required if any by the said
specifications, drawings and “Schedule of Requirements”, hereto annexed or to be implied
therefrom or incidental thereto, or to be hereafter specified or required in such explanatory
instructions and drawings (being in conformity with the said original specification (s),
drawing (s) and “Schedule of Requirements” and also in such additional instructions and
drawing supplied by the purchaser from time to time, during the progress of the work
hereby contracted for.
(b) The term “Test” shall mean such test or tests as are prescribed by the specification (s) to be
made by the purchaser, or his nominee, after erection at site, before the plant is taken over
by the purchaser.
2. PERFORMANCE OF WORK
2.1. The work shall be performed at the place or places specified in the tender or at such other place
or places as may be approved by the purchaser.
3. SPECIFICATIONS
3.1. If the contractor shall have any doubt as to the meaning of any portion of the conditions of the
specifications, drawings or plans, he shall (before submitting the tender) set forth the particulars
thereof and submit them to the purchaser in writing in order that such doubts may be removed.
4. MISTAKES IN DRAWINGS
4.1. The Contractor shall be responsible for and shall pay for any alterations of the works due to any
discrepancies, errors of omissions in the drawings or other particulars, whether they have been
approved by the purchaser or not, provided that such discrepancies, errors or omissions are not due to
inaccurate information or particulars furnished to the contractor on behalf of the purchaser. If any
dimensions figured upon a drawing or plan differ from those obtained by scaling the drawing or plan
the dimensions as figured upon the drawing or plan shall be taken as correct.
5. VARIATIONS
5.1. No alterations, amendments, omissions, additions, suspension, or variations of the work
(hereinafter referred to as “variations”) under the contract as shown by drawings or the specifications
shall be made by the Contractor except as directed in writing by the Inspector, but the Inspector shall
have full power, subject to the provison hereinafter contained from time to time, during the execution
of the contract by notice in writing to instruct the Contractor to make such variation without
prejudice to the contract, and the Contractor shall carry out such variations and be bound by the same
conditions so far as applicable as though the said variation occurred in the specifications. If any
suggested variation, would, in the opinion of the Contractor, if carried out, prevent him from
fulfilling any of his obligations or guarantees under the contract, he shall notify the Inspector thereof
in writing and the Inspector shall decide forthwith, whether or not they shall be carried out. If the
Inspector confirms his instruction, the Contractor’s obligations and guarantees shall be modified to
such an extent as may in the opinion of the Inspector, be justified. The difference of cost, if any,
occasioned by any such variations shall be added to or deducted from the contract price as the case
may require.
The amount of such difference, if any, shall be ascertained as determined in accordance with the rates
specified in the schedule of prices, so far as the same may be applicable and where the rates are not
contained in the said schedule or not applicable, they shall be settled by the Purchaser and Contractor
jointly. But the Purchaser shall not become liable for the payment of any such variations, unless the
instructions for the performance of the same have been given in writing by the Inspector.
5.2. In the event of the Inspector requiring any variations, such reasonable and proper notice shall be
given to the Contractor, as will enable him to make his arrangements accordingly, and in cases where
goods or materials are already prepared or any designs, drawings, or patterns made or work done is
required to be altered a reasonable sum in respect there of shall be allowed by the Purchaser,
provided that no such variations shall, except with the consent in writing of the Contractor, be such
as will involve an increase or decrease in the total price payable under the contract by more than 10
percent thereof.
5.3. In any case, in which the Contractor has received instructions from the Inspector for carrying
out the work which either then or later, will, in the opinion of Contractor involve a claim for
additional payment, the Contractor shall as soon as reasonably possible after receipt of the
instructions aforesaid, advise the Inspector to that effect.
6. OBLIGATION TO CARRY OUT INSPECTOR’S INSTRUCTIONS
6.1. The contractor shall also satisfy the Inspector that adequate provision has been made :-
(i) to carry out his instructions fully and promptly;
(ii) to ensure that parts required to be inspected before use are not used before inspections; and
(iii) to prevent rejected parts being used in error. Where, parts rejected by the inspector have
been rectified or altered, such parts shall be segregated for separate inspection and approval
before being used in the work.
7. RESPONSIBILITY FOR COMPLETENESS
7.1. Any fittings or accessories which may not be specifically mentioned in the specifications but
which are usual or necessary are to be provided by the Contractor without extra charge and the
equipment must be complete in all details.
7.2. In all cases where the contract provides for tests on site, the Purchaser, except where otherwise
specified shall provide free of charge such labour, materials, fuels, stores, apparatus and instruments
as may be requisite from time to time and as may reasonably be demanded, efficiently to carry out
such test of the plants, materials or workmanship etc. in accordance with the contract.
7.3. In the case of contracts requiring electricity for the completion of the works and for test on site,
such electricity, when available, shall be supplied free to the contractor at the pressure of the ordinary
supply. Unless otherwise specified, the purchaser will supply free of charge to the Contractor :-
(a) Unskilled labour;
(b) Timber stores and lifting tackle necessary for the erection of the plant and all consumable
stores including fuel and lubricating oils required during erection setting to work and
testing of the plant.
The Contractor shall also provide-
(i)Skilled labour and
 (ii)Tools and any other equipment which may be necessary.
8. SHIPMENT OF STORES BEYOND THE STIPULATED DELIVERY PERIOD
FOR FOB CONTRACT
The contractor shall not despatch the stores till such time an extension in terms of the above is
granted by the purchaser. If the stores are despatched by the contractor before an extension letter as
aforesaid is issued by the purchaser the supply of the stores shall be deemed to be subject to the
conditions set herein the contract.
9. WARRANTY
9.1. The Contractor shall warrant that everything to be furnished hereunder shall be free from
defects and faults in design material workmanship and manufacture and shall be of the highest grade
and consistent with the established and generally accepted standards for goods of the type ordered
and in full conformity with the contract specifications and samples if any and shall if operable
operate properly.
9.2. Unless otherwise is mentioned in tender Drg./Specific etc. the warranty shall survive inspection
of, payment for and acceptance of the goods but shall expire 30 (Thirty) months after the delivery at
ultimate destination in India or 24 (Twenty four) months from the date of commissioning and
proving test of equipment at ultimate destination in India, whichever shall be earlier, except in
respect of complaints, defects and/or claims notified to the Contractor within 3 (three) months of
expiry of such date.
9.3. The Contractor’s liability in respect of any complaints defects and/or claims shall be limited to
the furnishing and installation of replacement parts free of any charge or the repair of defective parts
only to the extent that such replacement or repairs are attributable to or arise from faulty
workmanship or material or design in the manufactures of the stores provided that the defects are
brought to the notice of Contractor within 3 (three) months of their being first discovered during the
guarantee period or 3 (three) months from the date of expiry of warranty period.
9.4. The Contractor shall if required replace or repair the goods or such portion there of as is rejected
by the Purchaser free of cost at the ultimate destination or at the option of the Purchaser, the
Contractor shall pay to the Purchaser value there of at the contract price or in the absence of such
price, at price decided by the Purchaser and such other expenditure and damages as may arise by
reason of the warranty failure. If the contactor fails to honor its warranty obligation as contained
herein, the purchaser will have the right to recover the damages from other payments accrued or
accruable to the firm.
9.5. All replacement and repairs that the Purchaser shall call upon the Contractor to deliver or
perform under this warranty shall be delivered and performed by the Contractor within 2 (two)
months from the date of being informed, promptly and satisfactorily.
9.6. If the Contractor so desires, the replaced parts can be taken over by him or his representative in
India for disposal as he deems fit at the time of replacement of goods/parts. No claim whatsoever
shall lie on the purchaser for the replaced parts thereafter.
9.7. The warranty herein contained shall not apply to any material which shall have been repaired or
altered by the Purchaser or on his behalf in any way without the consent of the Contractor so as to
effect the strength performance of reliability or to any defects to any part due to misuse, negligence
or accident.
9.8. The decision of the Purchaser in regard to contractor’s liability and the amount, if any, payable
under this warranty shall be final and conclusive.
10. PORT CONSIGNEE
10.1. Materials are required to be shipped to the following three port consignees in India.
(a) Chief Materials Manager (BI)
Eastern Railway
3rd Floor, 3, Koilaghat Street
Kolkata-700 001 (W.B.)
Fax No. 033-22487397
(b) Controller of Stores (Shipping)
Central Railway
Mumbai CST-400 001
Tele No. 1173819
(c) Controller of Stores (Shipping)
Southern Railway
Chennai Beach
Chennai-600 023
Telex No. 41575
Details of quantities to be shipped to different port consignees will be advised at the time of
placement of order.
11. ULTIMATE CONSIGNEE
11.1. Materials may be required to be despatched to different railway consignees of Indian
Railways. Quantities to be despatched to different ultimate consignees have to be separately packed.
Details of quantities for each consignee will be advised at time of placement of contract.
12. TAX PAID IDENTIFICATION NO.
Tenderers must quote their tax paid identification No. (TIN) in their quotation otherwise their
quotation will not be entertained in view of UP also adopting VAT w.e.f. 01/01/2008. TIN must also
be quoted on the bills by the suppliers, failing which their payment may not be released :
 ANNEXURE-1
(Please see clauses-1.2 and 7.5 of
‘Instruction to Tenderers’)
To,
THE PRESIDENT OF INDA
Acting through the Controller of Stores
Diesel Locomotive Works,
Varanasi (U.P.), INDIA
Offer FORM for Tender No..................................Date of opening.......................Time.......................Hours

1. We......................hereby certify that we are established manufacturer or authorized representative of Ms.....................................with factories at..............................which are fitted with modern
equipment and where the
production methods. quality control and testing of all materials and parts manufactured or used by us are open to inspection by the representative of Indian Railways. We hereby offer to supply the
following items at the prices and within the period of delivery indicated below :

Agency Total FOB value of

Item Description Specification Unit Qty. FOB Price Per unit exclusive of Commission offer per unit (inclusive
No Agency commission (in the per unit of Agency commission Terms of Delivery
Gross
currency/currencies of manu- (In the currency/ in the currency/curren- payment period
Weight
facturer’s conuntry/countries currencies of cies of manufacturer’s and
dime
or U.S.$ manufacturer’s country/countries or U.S. nsions
of pac-
country/countries kage
per unit
or U.S.$

1 2 3 4 5 6 7 8 9 10 11

2. We are agreeable to payment of agency commission to our Agents in India in non-convertible Indian Rupees. The relevant information is given below.
(To be filled in by the tenderer)
(a) The name and address of the Agent................................................
(b) Service to be rendered by the Agent................................................
(c) Amount of remuneration for the Agent.............................................
3. it is hereby certified that we have understood the Instructions to Tenderers, and also the General and Special Conditions of Contract attached to the tender and have thoroughly examined
specifications drawings and/or pattern. qoted in the ‘Schedule of Requirement’s and are thoroughly aware of the nature of stores required and our offer is to the supply stores strictly in
 accordance with the requirements and according to the terms of the tender. We agree to abide soley by the General and special Contitions of Contract and other conditions of the tender in
accordance with the tender documents if the contract is award to us.
4. We hereby offer to supply the stores detailed above or such portion thereof, as you may specify in the acceptance of tender at the price quoted and agree to hold this offer open for acceptance for
a period of 150 days form the date of opening of tender. We shall be bound by the communication of acceptance despatched within the prescribed time.
5. Earnest Money/Bid Guarantee for and amount equal to.................................is enclosed in the form specified in Clause-6 of the ‘Instructions to Tenderers’.
Dated.....................................................
Note- (i) The tenderers may prepare their own offer forms as per this proforma.
(ii) No change in the proforma is permissible.
(iii) No erasurers or alterations in the text of the offer are permitted. Any correction
made in the offer shall be initialled by the tenderer.
(iv) Please refer to clause 3.2 of Instructions to Tenders be for filling column 8.
(v) FIGURES IN Column 6 to 9 (both inclusive) Should be in both figures and words
6. If any firm wish to quote on CFR/CIF basis, then in addition to above details complete breakup of pricing (component of freight, insurance etc.) should be indicated.

Signature and Seal of

Manufacturer / Tenderer
 ANNEXURE-2
(Please see clauses-1.2 and 7.5 of
To, ‘Instruction to Tenderers’)

THE PRESIDENT OF INDA

Acting through the Controller of Stores OFFER FORMS
for Tender No.....................................Date of opening..................................
Diesel Locomotive Works,
Varanasi (U.P.), INDIA Time..................Hours

1. We...........................hereby certify that we are established firm of manufacturers Ms.................................With factories at...................................
..................................................which are fitted with modern equipment and where the production methods. quality control and testing of all materials and parts manufactured or
used by us are open to inspection by the representative of Indian Railways. We hereby offer to supply the following items at the prices and within the period of delivery indicated
below :
Price Per unit Total value of offer Terms of Delivery
Item No Description Specification Unit Qty. F.O.R. Destination (in Indian Rupees) Payment Period
(In Indian Rupees)
1 2 3 4 5 6 7 8 9

Break-up of price In ‘Column-6

(In Indian Rupees)
Packing and
Ex-factory price Excise duty Other Levies Sales tax forwarding in F.O.R. Station of Freight to Insurance charges. F.O.R. Total
Detail despatch price destination (if any) Destination (in
Indian Rupees)
a b c d e f g h i j

Breack-up Ex-factory price in ‘Column-10 (a) Gross weight and dimen-

(in Indian Rupees) of package per unit
11 12
C.I.F. value of imported Duties on Other Total Ex-factory Contry or origin from
where
equipment/components 11-a levies Incidentals Value added component in India price components are imported
a b c d e f g
Stores Labour Overheads & others
Value in Indian Rs.
% age
2. It is hereby certified that we have understood the Instructions to Tenderers, and also the General and Special Conditions of Contract attached to the tender and have
thoroughly examined specifications drawings and/or pattern. quoted in the ‘Schedule of Requirements and are thoroughly aware of the nature of stores required and our
offer is to supply stores strictly in accordance with the requirements and according to the terms of the tender. We agree to abide solely by the General and special
Conditions of Contract and other conditions of the tender in accordance with the tender documents if the contract is award to us.
3. We hereby offer to supply the stores detailed above or such portion thereof, as you may specify in the acceptance of tender at the price quoted and agree to hold this offer
open for acceptance for a period of 150 days form the date of opening of tender. We shall be bound by the communication of acceptance dispatched within the prescribed
time.
4. Earnest Money/Bid Guarantee for and amount equal to.................................is enclosed in the form specified in Clause-6 of the ‘Instructions to Tenderers’.
Dated.....................................................20

Note- (i) The tenderers may prepare their own offer forms as per this proforma. Signature and seal of Manufacturer/Tenderer
(ii) No charge in the proforma is permissible.
(iii) The tenderers should Indicate whether they possess the necessary industrial license same from Government of India for Manufacturing and marketing the items
offered. If where a collaboration with a foreign firm for manufacturing of the items offered is involved the details of the same should be indicated.
(iv) No erasurers or alterations in the text of the offer are permitted. Any correction made in the offer shall be initialed by the tenderer.
(v) The detailed break up of ex-factory price should be indicated here and if so required by the purchaser the tenderer shall produce satisfactory proof in regard to the
reasonableness of the same.
(vi) Figures in Column 6,7,10 &11 Should be both in figures and words.
 ANNEXURE-3
(Please see clauses-4.2 (a) of
‘Instruction to Tenderers’)
PROFORMA FOR PERFORMANCE STATEMENT
(FOR A PERIOD OF LAST 3 YEARS)

Tender No.........................................................................Date of
Opening............................................................Time.................................................Hours
Name of the
Firem....................................................................................................................................................................................................................

Date or completion Has the equipment

SL NO. Order placed by Order No. Description and quantity Value of of delivery Ramarks indicating been
satisfactorily
(full address of purchaser) and date of stores ordered order ..................... reasons for late delivery
commissioned and
As per Actual if any is it giving
trouble
contract free service?

Signature and seal of the

Manufacturer/Tenderer
 ANNEXURE-4
(Please see clause, 4,2 (b) of
'Instructions to Tenderers')
PROFORMA FOR EQUIPMENT AND QUALITY CONTROL

Tender No.................................Date of
Opening....................................Time.........................Hours.
Name of the Firm...............................................................................................................................
Note : All details required only for the items tendered.

1. Name & full address of the firm

2. Telephone & Telex No. Office/Factory/Works
3. Telegraphic address
4. Location of the Manufacturing factory
5. Details of Industrial License, wherever required as per statutory regulations.
6. Details of plant & machinery erected and functioning in each Deptt. (Monographs &
description pamphlets be supplied if available).
7. Details of the process of manufacture in the factory in brief.
8. (i) Details & Stock of raw material held.
(ii) For Indian Firm’s if they are a small scale unit regd. with NSIC Ltd., they should
furnish full particulars of items, registration, currency period and monetary limit
etc.
9. Production capacity of items (s) quoted for, with the existing plant & machinery
9.1. Normal
9.2. Maximum
10. Details of arrangement for quality control of product such as laboratory, testing
equipment etc.
11. Details of staff.
11.1. Details of technical supervisory staff-in-charge of production & quality control.
11.2. Skilled Labour Employed.
11.3. Unskilled labour employed.
11.4. Maximum No. of workers (skilled & unskilled) employed on any day during the
18 months preceding the date of application.
12. Whether stores are tested to any standard specification, if so, copies of original test
certificates should be submitted in triplicate.
13. Are you registered with the Director General of Supplies & Disposals, New Delhi,
INDIA. If so, furnish full particulars of registration, period of currency etc.
14. Are you a small Scale unit, registered with the National Small Industries Corporation
Ltd., New Delhi, INDIA. If so, furnish full particulars of registration, currency period
etc.

Signature and seal of the

Manufacturer/Tenderer
 ANNEXURE-5

DELETED
 ANNEXURE-6
(Please see clause, 6.1 of
'Instructions to Tenderers')

PROFORMA BANK GUARANTEE FOR BID

GUARANTEE/EARNEST MONEY
(ON BANK'S LETTER HEAD WITH ADHESIVE STAMP)

Ref..............................
Date...................................
Bank Guarantee No......................................................
To
THE PRESIDENT OF INDIA,
acting through the FA & CAO,
Diesel Locomotive Works,
Varanasi (U.P.), INDIA
Dear Sir,
In accordance with your invitation to tender No................................................... for
supply of.........................................................M/s.......................................................................
hereinafter called the tenderer with the following Directors on their Board of
Directors/Partners of the firm :
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
wish to participate in the said tender for the supply of..............................................................
As a Bank Guarantee against Bid Guarantee for a sum of ….........................................
……………………………………….(In words and figures) valid for (180) one hundred and
eighty days from.............................................required to be submitted by the tenderer as a
condition for the participation, this bank hereby guarantees and undertakes during the above
said period of (180) one hundred and eighty days to immediately pay, on demand by the
Controller of stores, Diesel Locomotives, Varanasi, (U.P.)INDIA, in writing the amount
of...............................................................................................(in words & figures) to the
Controller of Stores, Diesel Locomotive Works, Varanasi, (U.P.), INDIA, and without any
reservation and recourse, if :-
 i. the tenderer after submitting his tender, modifies the rates or any of the terms
and conditions thereof, except with the previous written consent of the
purchaser; or
ii. the tenderer withdraws the said bid within 150 days after opening of bid; or
iii. the tenderer having not withdrawn the bid, fails to execute the contractual
documents within the period provided in the contract; or
iv. having executed the contract fails to give the bonds so aforesaid within the
period provided in the contract.
The guarantee shall be irrevocable and shall remain valid up to 4.00 P.M.
on...................................................... if further extension to this guarantee is required, the
same shall be extended to such required period on receiving instruction from
M/s.................................................. ....................................................................on whose
behalf this guarantee is issued.

Date.................................
Signature..................................
Place................................. Printed
Name............................
Witness.............................. ............................................
.....
(Designation)
.........................................
(Banks's Common Seal)
 ANNEXURE-7

DELETED
 ANNEXURE-8
(Please see clause, 16.1 )
DETAILS OF SHIPPING ARRANGEMENTS FOR LINER
CARGOES IN
RESPECT OF C & F/ CIF/ TURNKEY/ F.O.R. CONTRACTS FOR
IMPORTS

1. (A) SHIPMENTS FROM PORTS OF U.K. INCLUDING NORTHERN IRELAND

(ALSO EIRE) FROM THE NORTH CONTINENT OF EUROPE GERMANY, HOL-
LAND, BELGIUM, FRANCE, NORWAY, SWEDEN, DENMARK, FINLAND AND
PORTS OF THE CONTINENTAL SEA-BOARD OF THE MEDITERRANIAN (i.e.
FRENCH AND WESTERN ITALIAN PORTS). TO PORTS IN INDIA.
The Seller should arrange shipment of the goods by vessels belonging to the member
Lines of the India-Pakistan-Bangladesh Conference. If the Seller finds that the space on
Conference Lines' is not available for any specific shipment, he should take up with India-
Pakistan-Bangladesh Conferences. Congermity House, East Grinstead, Sussex (U.K.) for
providing Shipping space and also inform the Shipping Coordination Officer, Ministry of
Transport, Deptt. of Surface Transport, New Delhi (Cable : TRANS, CHART, NEW DELHI;
Teles: VAHAN ND, 2312, 2448 & 3104).
The Sellers should arrange shipment through the Government of India's Forwarding
Agents, M/s. Schenker & Co., 2000-Hamburg, Cable: SCHENKERCO HAMBURG or
obtain a certificate from them to the effect that shipment has been arranged in accordance
with instructions of the Ministry of Transport, Deptt. of Surface Transport,
(TRANSCHART). New Delhi.
(B) SHIPMENTS FROM ROSTOCK
Goods under this contract would be shipped by the national shipping companies of the
Contracting Parties operating bilateral shipping service and vessels under the flag of third
countries in accordance with the agreement between the Government of German Democratic
Republic and the Government of Republic of India in the Field of Merchant Shipping signed
on 9-1-1979. as amended uptodate
(c) SHIPMENT FROM ADRIATIC PORTS OF EASTERN ITALY AND
YUGASLAVIA
The Seller should arrange shipment of the goods by vessels belonging to the following
Indian Member lines :
1. The Shipping Corporation of India Ltd.
2. The Scindia Steam Navigation Co. Ltd.
3. India Steamship Co. Ltd.
For the purpose of ascertaining the availability of suitable Indian vessels and granting
dispensation in the event of their non-availability the Seller should give adequate notice
about the readiness of each consignment from time to time at least six weeks in advance of
the required position to M/s. Schenker & Co., 2000 HAMBURG (Cable : SCHENKERCO
HAMBURG) and also endorse a copy thereof to the shipping Co-ordination officer, Ministry
of Transport, Deptt. of Surface Trans-port, New Delhi (Cable : TRANSCHART, NEW
DELHI : Telex: VAHAN ND-2312, 2448 & 3104).
The Seller sholuld arrange shipment through the Government of India's Forwarding
Agents, M/s. Schenker & Co., Hamburg (Cable : SCHENKERCO, HAMBURG) or obtain
certificate from them the effect that shipment has been arranged in accordance with the
instructions of the Ministry of Transport, Deptt, of Surface Transport, (TRANSCHART),
New Delhi.
(d) SHIPMENTS FROM POLAND
Shipments under this contract would be made by the National flag lines of two parties
and vessels of the third flag conference lines, in accordance with the agreement between the
Government of the Republic of India and the Govt. of Polish People's Republic regarding
shipping co-operation dt. 27.6.1960 as amended uptodate.

DELETED

(e) SHIPMENTS FROM RUSSIA

Shipment under this contract should be made in accordance withe the Agreement
between the Government of Republic of India and the Government of the Russia on
Merchant Shipping. 1976, as amended uptodate, by vessels of Indo-Soviet Shipping Service.
(f) SHIPMENT FROM JAPAN
The shipment of goods should be made by Indian vessels to the maximum extent
possible subject to a minimum of 50%
The Seller should arrange shipment of the goods in consultation with the Embassy of
India in Japan, Tokyo to whom details regarding contract number nature of cargo quantity,
port of loading/discharge, name of the govt. consignee, expected date of readiness of each
consignment etc. should be furnished at least six weeks in advance of the required position.
 Note :- The copies of such contracts are to be endorsed both to the Attache
(Commercial), Embassy of India in Japan, Tokyo and the Shipping Co-ordination officer,
Ministry of Transport, Deptt. of Surface Transport, New Delhi.
(g) SHIPMENTS FROM AUSTRALIA, ALGERIA, BULGARIA, ROMANIA,
EGYPT
The seller shall arrange shipment of the goods by Indian flag vessels to the maximum
extent possible subject to a minimum of 50%. For the purpose of ascertaining the availability
of suitable Indian vessels, the seller shall give adequate notice of not less than six weeks
about the readiness of each consignment to the Shipment Corporation of India Ltd. Shipping
House, 229/232, Madame Came Road, Mumbai-400 021 (CABLE : SHIPINDIA BOMBAY)
and also endorse a copy thereof to the Shipping Co-ordination Officer, Ministry of Transport
Deptt. of Surface Trans-port, New Delhi; (Cable : TRANSCHART, NEW DELHI. Telex :
VAHAN ND-2312, 2448 & 3104.)
(h) SHIPMENTS FROM PAKISTAN
The shipment of cargoes should be made by Indian vessels to the maximum extent
possible subject to a minimum of 50% .
Shipping arrangements should be made by Indian vessels to the maximum extent
possible subject to minimum of 50%
Shipping arrangements should be made by the Sellers in consultation with M/s. Mogul
Line Ltd., 16-Bank Street Fort, Mumbai-400023 (Cable : MOGUL MUMBAI Telex: 011-
4049 MOGUL) to whom details regarding contract number nature of cargo quantity port of
loading/discharging name of Government consignee expected date of readiness of each
consignment etc, shold be furnished at least six weeks in advance of the required position
with a copy there of endorsed to the shipping Co-ordination Officer, Ministry of Transport,
Deptt of Surface Transport (Chartering Wing) New Delhi (Cable : TRANSCHART, NEW
DELHI Telex: VAHAN ND-2312, 2448 & 3104).
(i) SHIPMENTS FROM U.S. ATLANTIC & GULF PORTS
The Seller should arrange shipment of the goods by vessels belonging to the member
Lines of the India-Pakistan-Bangladesh-Ceylon and Burma Outward Freight Conference. If
the Seller finds that the space on the Conference Lines vessels is not available for any
specific shipment he should take up with India-Pakistan-Bangladesh-Ceylon & Burma
Outward Freight Conference, 19, Rector Street; New York N. Y. 10006 U. S. A. for
providing shipping space and also inform the Shipping Co-ordination Officer, Ministry of
Transport, Deptt of Surface Transport New Delhi (Cable; TRANSCHART, NEW DELHI;
TELEX : VAHAN ND-2312,2446 & 3104).
(j) SHIPMENTS FROM ST. LAWRENCE AND EASTERN CANADIAN
PORTS
The Seller should arrange shipment of the goods by vessels belonging to the following
shipment Lines:
(i) The Shipping Corporation of India Ltd.
(ii) The Scindia Steam Navigation Co. Ltd.
If the Seller finds that the space in the vessels of these Lines is not available for any
particular consignments he should inform the Shipping Co-ordination Officer, Ministry of
Transport, Deptt. Of Surface Transport, New Delhi (cable : TRANSCHART, NEW DELHI,
Telex: VAHAN ND- 2312, 2448 & 3104) immediately so that dispensation from the shipping
lines concerned to use alternative lifting may be sought.

(k) SHIPMENTS FROM WEST COAST PORTS OF U.S.A., CANADA AND

OTHER AREAS NOT SPECIFICALLY MENTIOND ABOVE
The Seller should arrange shipment of the goods by Indian vessels to the maximum
extent possible subject to a minimum of 50%. For the purpose of ascertaining the availability
of suitable Indian vessels and granting dispensation in the event of their non-availability the
Seller should furnish the details regarding contract number nature of cargo, quantity, port of
loading/discharge, name of the Govt. consignee and expected date of readiness of each
consignment etc. to the Shipping Co-ordination Officer, Ministry of Transport, Deptt. of
Surface Transport, New Delhi (Cable : TRANSCHART, NEW DELHI :
Telex : VAHAN ND-2312, 2448 & 3104) atleast six weeks in advance of the required
position.
2. BILLS OF LADING
(i) C.I.F./C&F/TURNKEY SHIPMENTS
The Bills of Lading should be drawn to indicate ‘shipper’ and ‘Consignee’ as under :-
SHIPPER : The C.I.f./C&F/TURNKEY SUPPLIERS concerned
CONSIGNEE : As per Consignee’s particulars in the contract (The name and address of
the ‘Port Consignee’ and ‘Ultimate Consignee’ both should be indicated).
(ii) F.O.R. SHIPMENTS
The Bill of Lading should be drawn to indicate Shipper and Consignee as under :-
SHIPPER : The F.O.R. suppliers concerned.
CONSIGNEE : Suppliers’ Indian Agents on order.
Note :- 1. More over the name of the ‘Purchaser’ and ‘Ultimate Consignee’ should apear in
the body of the Bills of Lading as the ‘Notify Party’ or as a remark.
2. Two non-negotiable copies of the Bills of Lading indicating the freight amount
and discount, if any allowcd should be forwarded to the shipping Co-ordination
Officer, Ministry of Transport, Deptt. of Surface Transport, (Chartering Wing),
New Delhi after the shipment of each consignment is effected.
3. The Seller should avoid the use of over-aged vessels for the shipment of the
goods under the contract and if so used the cost of additional insurance, if any,
shall be borne by the Seller.
 ANNEXURE-9
(Please see clause, 16,1 of
‘Instructions to Tenderers’)
DETAILS OF SHIPPING ARRANGEMENTS FOR LINER CARGOES IN
RESPECT OF F.O.B./ F.A.S. CONTRACTS FOR IMPORTS

1. Shipping arrangements will be made by the Ministry of Shipping (Chatering Wing),

New Delhi (Cable : TRANSCHART : NEW DELHI; Telex : VAHAN ND-2312, 2448 &
3104), through their respective Forwarding Agents/Nominees as mentioned below, to whom
adequate notice about the readiness of cargo for shipment should be given by the seller from
time to time atleast six weeks in advance of the required position for finalising the shipping
arrangements.

Area Forwarding Agents/Nominees

(a) U.K. including Northern lreland (also Eire), M/s. Schenker & Co.
the North Continent of (West Germany, 2000 Germany-11, PO Box No. 110320,
Holland, Belgium France, Norway, Sweden, (CABLE : SCHENKERCO HAMBURG)
finland and Denmark) and ports on the Telex : 217004-303 SH D 212675
Continental Sea Board of the Mediterranian Telephone No. 040/361351
(i.e. France and Western Italian ports) and
also Adriatic ports.
(b) U.S.A. & Canada OPT Overseas Project Transport, INC.
(A Thyssen Haniel Logistic Co.,
46, Sellers Street, Kearny-NJ 0702, U. S.
A.
Tel. : (201) 998-7771
Telex : 673-3586 OPT
Fax. : (201) 998-7833.
(c) Japan The First Secretary (Commercial),
Embassy of India, Tokyo, Japan,
(Cable INDEMBASSY TOKYO)
Telex : INDEMBASSY J 24850
Telephone 262-2391
(d) Australia, Algeria, Bulgaria, Romania. The Shipping Corporation of India Ltd.
Czechoslovakia, Egypt Shipping House 229/232
Madame Cama Road, Mumbai 400 021
(Cable : SHIPINDIA Mumbai)
Telex : 31 2209 SCID IN
Telephone : 232666. 232785
(e) Russia The Secretaries, Indo-Shipping Service,
C/o The Shipping Corporation of India Ltd.
 ‘Shipping House’ 229/232, Madame Cama
Road, Mumbi-400 021.
(Cable : SHIPINDIA MUMBAI FOR
SOVIND SHIP)
Telex : 31-2209 SCID IN
Telephone : 232666
(f) Poland The Secretaries, Indo-polish Shipping
Service,
C/o The Shipping Corporation of India
Ltd.,
‘Shipping House’
229/232, Madame Cama Road,
Mumbai-4000 021.
(Cable : SHIPINDIA Mumbai FOR
INDOPOL)
Telex 31-2009 SCID IN
Telephone : 23666.
(g) Pakistan The Mogul-Line Ltd.,
16, Bank Street,
Fort, Mumbai-400 023
(Cable : MOGUL MUMBAI)
Telex : 011-4049 (MOGUL)
Telephone : 252785.
(h) Other areas not specifically The Shipping Co-ordination Officer,
Mentioned above Ministry of Transport, Department of
Surface
Transport, (Chartering Wing), New Delhi.
(Cable : TRANSCHART, NEW DELHI)
Telex : VAHAN ND-2312, 2448 & 3104

2 BILL OF LADING
The Bill of Lading should be drawn to indicate ‘Shipper and Consignee’ as under :-
SHIPPER : The Government of INDIA.
CONSIGNEE : As per consignee’s particulars in the contract, (The name and address of
the ‘Port Consignee’ and ‘Ultimate Consignee’ should both be indicated).
3. Two non-negotiable copies of the Bill of Lading indicating the freight amount and
discount, if any allowed, should be forwarded to the Shipping Co-operation Officer,
Ministry of Transport, Department of Suface Transport, (Chartering Wing), Parivahan
Bhawan, New Delhi after the shipment of each consignment is effected.
4. The Seller should avoid the use of over-aged vessels for the shipment of the goods under
the contract and if so used, the cost of additional insurance if any shall be borne by the
Seller.
 ANNEXURE-10
(Please see clauses-16.1 of
‘Instruction to Tenderers’)

PROFORMA FOR INDICATING PARTICULARS OF CARGOES FOR WHICH SHIPPING SPACE

IS REQUIRED TO BE ARRANGED BY THE SHIPPING CO-ORDINATION AND CHARTERING
ORGANIZATION OF THE MINISTRY OF TRANSPORT

Cargo availability,
Name of the Name of the whether shipload Period over Loading Port Discharge Port Nature of Any
special
S Supplier with consignee with or parcel. if ? ? condition
No telegraphic/ telegraphic/ Description Quantity parcels, size of ?
Postal address Postal address parcels

1 2 3 4 5 6 7 8 9 10 11

Signature and seal of the

Manufacturer/Tenderer

Note - This form should be filled in and sent (in duplicate) to the Chief Controller of
Chartering (in respect of bulk cargoes) and the Shipping Co-ordination officer (inrespect
of General
liner cargoes). Department of surface Transport, Ministry of Transport, New Delhi, with a
copy to the
Executive Director, Railway Stores, Ministry of Transport, Department of Railways,
Railway Board, Rail
Bhawan, New Delhi-110001, INDIA as soon as possible after the relevant contract is finalised.
 ANNEXURE-11
(Please see clause, 2.3 and 7.6 of ‘Instructions to the Tenderers’)

PROFORMA FOR STATEMENT OF DEVIATIONS

(1) The following are the particulars of deviations from the requirements of the
tender specifications :-

CLAUSE DEVIATION REMARKS

(Including justification)

(2) The following are the particulars of deviations from the requirements of the
Instructions to Tenderers, General and Special conditions of Contract :-

CLAUSE DEVIATION REMARKS

(Including justification)

Signature and seal of the

Manufacturer/Tenderer
Note :- Where there is no deviation, the statement should be returned duly signed with an
endorsement indicating “No Deviations”.
 ANNEXURE-12
(Please see clause, 21 of ‘General Conditions of Contract’ and clause13.1 a of instruction to
tenderer)

PROFORMA OF BANK GUARANTEE FOR PERFORMANCE

(i.e. S.D.)
(ON BANK’S LETTER HEAD WITH ADHESIVE STAMP)

Ref....................
Date...............................
Bank Guarantee No. ..........................

To
THE PRESIDENT OF INDIA,
Acting through the FA & CAO,
Diesel Locomotive Works,
Varanasi (U.P.), 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..................................
(here in after called the Contractor) 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 or 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 over satisfactory performance and fulfilment in all respects of the said contract by
the Contractor. 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., 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. under take not to revoke this guarantee
during its currency without the consent in writing of the President of India (Govt, of India).
4. We undertake to pay to that Government any money so demanded notwithstanding
and 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 payment 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 it 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 exerciseable by the President of India (Govt. of India) against the said
Contractor and to forebear or enforce any of the terms and conditions relating to the said
contract 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 to the said Contractor or by any
other matter or thing what-so-ever, which under the law relating to sureties, would. but not
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.
7. BG (s) being furnished will be honoured under all conditions. Any doubt about the
genuineness of stamp-paper used in BG will not render BG invalid because stamp-paper has
been purchased by the vendor/contractor of DLW/Varanasi namely
M/S. ........................................................................... for contract
no. ................................................................. dated.................................................... and ,
therefore, is responsible for its genuiness.

Date .........................
Place .........................
Witness ......................... Signature.........................................
Printed
Name..................................
..................................................
....
(Designation)
................................ Bank’s Common Seal
 ANNEXURE-13
(Please see clause, 13.1 (b) of ‘Instructions to Tenderers’)

PROFORMA OF BANK GUARANTEE FOR 10% CONTRACT

VALUE
TOWARDS WARRANTY GUARANTEE

To
THE PRESIDENT OF INDIA,
Acting through the FA & CAO,
Diesel Locomotive Works,
Varanasi-221004 (U.P.), INDIA

Sub:- Guarantee No..................................for.............................. (Amount). Covering

equipment (s) Serial No................................................supplied to (Consignee/s)
Ref.:- ContractNo............................................dated........................................... Placed on
M/s..........................................................................................................................
1.WHEREAS M/s...............................................................on of our constituents,
(hereinafter called the “Seller”) have agreed to sell to you (hereinafter referred to as the
“Government”). No. of......................... (give description ) as per contract
No. ........................... dated ............................................(hereinafter called “the said contract”)
2. AND WHEREAS according to the terms of said contract, it has been stipulated that
payment of 100% of the value of the stores would be made provided that the Seller furnish to
the Purchaser a Bank Guarantee from a recognised bank acceptable to the Purchaser for 10
per cent of the value of the said contract valid for a period covering in full the Guarantee
period as per the warranty clause of the said conditions of the contract, being the conditions
attached to and forming part of the said contract.
3. AND WHEREAS the Sellers have approached us to give the said Bank Guarantee on
their behalf in your favour for an amount representing 10 percent of the value of the stores
despatched which you have agreed to accept.
4. That in consideration of the promises and at the request of the said Sellers, we hereby
irrevocably undertake and guarantee to pay to the Government of India or at such other place
as may be determined by you forthwith on demand and without any demur any sum upto a
maximum amount of.............................. (Rs..........................) representing 10 percent of the
value of the stores despatched under the said contract in case the sellers make default in
paying the said sum or make any default in performance observance or discharge of the
guarantee contained in the said contract till the said date as defined in para 8 of this gurantee.
5. We .................................................................................. (Name & Address of Bank)
agree that the decision of the Government whether any default has occured or has been
committeed by the Sellers in the performance observance or discharge of the guarantee
aforesaid shall be conclusive and binding on M/s...............................................................
 6. Government shall be at liberty from time to time to grant or allow extension of time
or give other indulgence the said Sellers or to modify the terms and conditions of the contract
with the said Sellers without affecting or imparing this guarantee or our liability hereunder.
7. We..........................................................(Name & Address of Bank) undertake to pay
to the Government any money so demanded not withstanding any dispute or disputes raised
by the Sellers in any suit or proceeding pending before any court or Tribunal relating there to
our liablity under this present being absolute and unequivocal.
The payment so made by us under this bond shall be a valid discharge of our liability for
payment there under and the Sellers shall have no claim against us for making such payment.
8. This bank guarantee comes into force when the balance ten percent of the value of the
stores shipped per Vessel ........................................vide Bill of Lading
No............................................. dated......................... or R/R, firm’s challan
No.........................................dated........................................ (in the case of indigenous
Contracts) under the said contract, has been paid and will remain in full force and effect
upto............................... i.e. for.........................................months counted from the date of
placing the stores in service and shall continue to be enforceable for further three months
called the said date i.e. upto………………………………..hereinafter.
9. This guarantee will not be discharged due to the change in the constitution of the
Bank or the Sellers.
10. That no claim under this guarantee shall be entertained by us unless the same has
been preferred by the Government within the said date.
11. BG (s) being furnished will be honoured under all conditions. Any doubt about the
genuineness of stamp-paper used in BG will not render BG invalid because stamp-paper has
been purchased by the vendor/contractor of DLW/Varanasi namely
M/s. ...........................................................for contract no. .........................
dated.......................................... and, therefore, is responsible for its genuiness.
Date .........................
Place .........................
Witness ......................... Signature.........................................
Printed
Name..................................
..................................................
....
(Designation)
................................
Bank’s Common Seal
 ANNEXURE-14
(Please see clause 31 of‘General conditions of contract’)

WORK TEST CERTIFICATE

Unless otherwise indicated, Work Test Certificate for imported items should be from
manufacturer
(On the letter head of the manufacturer)
1. P.O. No.

2. Description & Part No.

3. DLW drg. and specification reference :

(In case the same is as per manufacturer’s drg. & specn. It should be mentioned)

4. Vendor indentification marking on the components (if any) :

5. Product serial no details, if applicable :

6. Certified that the material identified above has been processed inspected & tested in
accordance with requirements of the purchase order (including applicable drawings &
specification and other technical conditions stipulated in the PO and amendments (if any)
and conforms to the requirements there of. All the relevant records i.e. in - process inspection
and testing records as well as other technical information that may be required by DLW will
be retained during the warranty period.
7. We guarantee to replace at destination any parts where manufacturing defects in material
or workmanship have been determined in line with the terms stated in the contract.

Authorised Signatory
(Name & designation)Suppliers Stamp
 ANNEXURE-15
(Please see clause 3.4 of Section I,‘Instructions to Tenderers’)

CHECK LIST

(I) Have you submitted the authorisation letter authorising your agent to quote on this
tender?
Yes/No

(II) Have you indicated the complete name and address of the agents and details of the
services to be rendered by the agents?
Yes/No

(III) Is the agent going to render after sale service?

Yes/No

(IV) In case the answer to (iii) is yes. confirm that the agent has necessary infrastructure
and completent staff to render the same.
Yes/No

(V) Have you submitted a copy to your agreement with your Indian agent?
Yes/No.

(VI) Manufacture or their sole selling agents may note that an agent can represent only
one firm in a tender and any manufacturer cannot submit two offers against a tender
through different sole selling agents or one directly and one through sole selling
agent. In such a situation both the offers will be rejected.
Yes/No

(VII) Have you indicated your Indian Agent’s income Tax Permanent Account number?
Yes/No

(VIII) Are you aware that any payment against the contract if placed to your Indian Agent
directly by you in currency other than in Indian rupees in aginst the Indian Laws?
Yes/No

(IX) Are you aware that failure to disclose the full amount of remuneration/agency
commission payable to your India Agents shall render the contract void.
Yes/No