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TENDER DOCUMENT
Tender No: 10234747 Closing Date/Time: 27/02/2024 12:30
PCMM acting for and on behalf of The President of India invites E-Tenders against Tender No 10234747 Closing
Date/Time 27/02/2024 12:30 Hrs. Bidders will be able to submit their original/revised bids upto closing date and time only.
Manual offers are not allowed against this tender, and any such manual offer received shall be ignored.
1. NIT HEADER
2. ITEM DETAILS
S.No. PL Code Item Type Stock / Ordering Consider Approving Inspection Currency Estimated
(Group) GST(Y/N) NonStock For Eval Agency Agency Allowed Rate
1 17480127 Goods (Y) Stock --- Yes CONSIGNEE INR
Description :VALVE ASSLY. BREATHER DISCHARGE DRG. No. EMD Pt. No. 9519501. [ Warranty Period:
30 Months after the date of delivery ]
Consignee SMM-D(D) ITARASI, WCR Madhya Pradesh 24.00 Numbers
3. T AND C
F.O.R
Description
Destination
Delivery Period
Payment Terms
S.No Description
Payment Terms
1 100% against R-Note
S.No Description
1 Statutory Variation in taxes and duties, or fresh imposition of taxes and duties by State/ Central Governments in
respect of the items stipulated in the contract (and not the raw materials thereof), within the original delivery
period stipulated in the contract, or last unconditionally extended delivery period shall be to Railways' account.
Only such variation shall be admissible which takes place after the submission of bid. No claim on account of
statutory variation in respect of existing tax/duty will be accepted unless the tenderer has clearly indicated in his
offer the rate of tax/duty considered in his quoted rate. No claim on account of statutory variation shall be
admissible on account of misclassification by the supplier/ contractor.
S.No Description
1 The contract shall be governed by latest version (along with all correction slips) of IRS conditions of contract, and
all other terms and conditions incorporated in the tender documents. IRS Conditions of Contract is available in
Annexure-E of WCR's e-TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver. 7.0, applicable w.e.f.
31.10.2022). All other terms and conditions shall be applicable as per WCR's e-TENDER DOCUMENT FOR
SUPPLY ONTRACTS (Ver. 7.0, applicable w.e.f 31.10.2022) uploaded on IREPS website with file named Tender
conditions applicable for all tenders published on or after 31.10.2022 Version 7.0 which can be seen on Home
Page of IREPS Website https://www.ireps.gov.in/ > Downloads > Public Documents > Goods & Services > by
selecting Organization as Indian Railway, Zone as WCR and Department as Stores and Filtering the tab
4. ELIGIBILITY CONDITIONS
5. COMPLIANCE CONDITIONS
Commercial-Compliance
1 Code of Integrity, Misdemeanor and Penalties :- I/We have carefully gone Yes No Not Allowed
through the IRS conditions of contract (included and uploaded along with
the bid document) particularly Para 2500 pertaining to "Code of Integrity,
Misdemeanor and Penalties". I/We hereby certify that none of our sister
concern or affiliates (such as having common
partner/director/promoter/owner/holding company decision control etc.)
have participated in this tender which can give rise to a conflict of interest
or fall under anti-competitive practices. We understand that the offers of all
such sister concern or affiliates including ours are liable to be rejected as
per relevant provisions of IRS terms and conditions. I/We, affirm that we
shall abide by the Code of Integrity in general, with specific reference to
conflict of interest [Para 2502 (e)], anti competitive practices [Para 2502(c)]
and obligation to proactive disclosures [Para 2503]. I/We understand that
we are fully responsible for the above declaration and it shall not be the
Railway's responsibility to verify the same. I/We are aware that we shall be
liable for all consequences of violation of Code of Integrity, if detected, at
any stage. (Note: - May confirm as Yes , to certify all the above
certification . )
2 In case your confirmation in commercial compliance regarding Code of No Yes Allowed
Integrity, Misdemeanor and Penalties is "No", then provide/upload the (Optional)
names and addresses of your sister concerns or affiliates .
3 Local Content :- Please enter the percentage of local content in the material Yes Yes Allowed
being offered. Please enter 0 for fully imported items, and 100 for fully (Optional)
indigenous items. The definition and calculation of local content shall be in
accordance with the Make in India policy as incorporated in the tender
conditions.
4 Condition (under Rule 144(xi) in the General Financial Rules (GFRs), Yes No Not Allowed
2017)) :-- IN CASE BIDDER IS INDIAN FIRM OR FROM A COUNTRY
THAT DOES NOT SHARE LAND BORDER WITH INDIA, SHALL
CONFIRM AS UNDER :- I have read the clauses regarding restrictions on
procurement from a bidder of a country which shares a land border with
India as per Annexure F of WCRs e-TENDER DOCUMENT FOR
SUPPLY CONTRACTS (Ver. 7.0, applicable w.e.f. 31.10.2022); I certify
that this bidder (in whose behalf I am submitting this bid) is not from such a
country which shares a land border with India with regard to contents of
Annexure F of WCRs e-TENDER DOCUMENT FOR SUPPLY
CONTRACTS (Ver. 7.0, applicable w.e.f. 31.10.2022). (Note: - Indian firms
and firms from countries not sharing border with India, may please confirm
as YES)
5 Condition (under Rule 144(xi) in the General Financial Rules (GFRs), No No Allowed
2017)) :-- IN CASE BIDDER FIRM IS FROM A FOREIGN COUNTRY (Optional)
THAT SHARES LAND BORDER WITH INDIA, SHALL SUBMIT
CERTIFICATE AS UNDER :- I certify that this bidder (in whose behalf I am
submitting this bid) is from such a country which shares a land border with
India with regard to contents of Annexure F of WCRs e-TENDER
DOCUMENT FOR SUPPLY CONTRACTS (Ver. 7.0, applicable w.e.f.
31.10.2022) and I further certify that this bidder has been registered with
the Competent Authority. I hereby further certify that this bidder fulfils all
requirements in this regard and is eligible to be considered. (NOTE 1:
WHEREVER A BIDDER FROM SUCH A FOREIGN COUNTRY THAT
SHARES BORDER WITH INDIA QUOTES, HE WILL NEED TO
UPLOAD A COPY OF VALID REGISTRATION BY THE COMPETENT
AUTHORITY (OR DOCUMENTARY EVIDENCE OF EXEMPTION AS
PER NOTE 2 BELOW) WITHOUT WHICH THE OFFER SHALL BE
SUMMARILY REJECTED.) (NOTE 2: Restrictions under this rule shall not
apply to bids from such countries (even if sharing a land border in India) to
which the Government of India has extended lines of credit or in which the
government of India is engaged in developmental projects. For updated list
of countries to which lines of credits have been extended or in which
developmental projects are undertaken are given in the website of the
Ministry of External Affairs and in such firm will need to submit such
documentary evidence.) The terms %u2018bidder%u2019 and
%u2018bidder from a country which shares a land with India%u2019 shall
be as defined in para II and III respectively of Annex III given in Annexure F
of WCRs e TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver.
7.0, applicable w.e.f. 31.10.2022).
6 Please enter the percentage of local content in the material being offered. No Yes Allowed
Please enter 0 for fully imported items, and 100 for fully indigenous items. (Optional)
The definition and calculation of local content shall be in accordance with
the Make in India policy as incorporated in the tender conditions.
Other Conditions
Special Conditions
1 Failure Consequences :-Failure Consequences :-In case, Purchase Order No No Not Allowed
is cancelled on account of failure of its successful execution i.e. supply not
made by the vendor within the validity of the contract, pre estimated
damages shall be levied up to 10 percent of the contract value without
proof of actual loss damage as General Damages. These damages shall
be treated as recoveries outstanding against vendor & shall be recovered
from any of vendor pending bills & dues. Any deviation in this regard
quoted anywhere including in uploaded document will not be accepted. The
purchaser may, at his discretion ignore any such deviation, if quoted, while
issuing the contract. This will be in addition to other terms and condition as
stipulated in IRS Terms & Condition of contract & Para 6.3 of Annexure- B
of e-Tender document for supply contracts (Ver.7.0, applicable w.e.f.
31.10.2022.)
2 EMD&SD :- EMD shall be governed by para 5.0 of Annexure-B & SD shall No No Not Allowed
be governed para 6.0 of Annexure- B of e-Tender document for supply
contracts (Ver.7.0, applicable w.e.f. 31.10.2022.) (uploaded on IREPS
website named Tender conditions applicable for all tenders published on or
after 31102022 Version 7.0 which can be seen and downloaded from
Home Page of IREPS Website https://www.ireps.gov.in/ > Downloads >
Public Documents > Goods & Services > selecting Organization as Indian
Railway, Zone as WCR and Department as Stores and Filtering the tab).
3 Financial Bid :- The bidder confirms that Rates and other financial terms No No Not Allowed
quoted in relevant columns of financial bid will only be ruling terms for
acceptance, and such terms quoted anywhere else should be ignored.
(Denial of this condition not recommended). Firm should note that amount
of charges related to forwarding, freight etc. are considered which are
mentioned in financial bid. Charges mentioned at different location other
than financial bid are not considerable and to be treated as Nil. Tenderers
are required to quote in the same rate unit (i.e. Number, set etc.) as given
in the tender schedule. Any deviation in this aspect will make the offer liable
to be ignored. Also the rates and other financial terms quoted in relevant
columns of financial bid will only be ruling term for acceptance. Such terms
quoted anywhere else shall be ignored.
4 GST :- GST clause shall be applicable as per para 10.1 to 10.5 of annexure No No Not Allowed
'B' of e-tender document for supply contracts (Ver.7.0, applicable w.e.f.
31.10.2022.)
5 Preferential Treatment to MSEs :- Benefits/Preferential Treatment to No No Not Allowed
MSEs:- Benefits/Preferential treatment to MSEs (Micro and Small
Enterprises) under Public Procurement Policy will be applicable as per
Para 1.9.1 of Annexure-B of WCR's e-TENDER DOCUMENT FOR
SUPPLY CONTRACTS (Ver. 7.0, applicable w.e.f 31.10.2022)
6 Handling of Warranty Rejections :- Tenderers are advised to please note No No Not Allowed
that Special Tender Conditions regarding Handling of Warranty Rejections
as per Railway Board's Letter No. 2022/RS(G)/779/7(3390005) doted
17.10.2022 have been incorporated as per Annexure-H of WCRs e-
TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver. 7.0, applicable
w.e.f. 31.10.2022). The same shall be applicable. As per these instructions,
a completely Online Integrated Warranty Management System has been
proposed to be in place over entire Indian Railway. Till digitization process
is complete, the same shall be followed manually in case of warranty
rejections. The onus of marking and traceability of material as per
purchase order shall be on vendor who shall ensure that material despatch
documents have details such as batch number, serial number, major sub-
component of the item, date of manufacturing (in MM/YYYY), expiry date
(wherever applicable), manufacturers marking, Make/Brand etc till
digitization process is completed for vendor to indicate these details in
IREPS.
7 (ix) Bankers name, place, Core Banking Account No and Type of account, No No Not Allowed
Branch Code, IFSC Code, MICR Code, PAN No, GSTIN No, Mobile No.
Blank Cancelled Cheque etc. may please be mentioned in the bill to avoid
delay in payment. The suppliers while claiming the payment will furnish the
following certificate to the paying authorities for GST. 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.
8 Public Procurement (Preference to Make in India), Order 2017 :- (i) No No Not Allowed
PREFERENCE TO MAKE IN INDIA policy will be applicable as per
ANNEXURE-D of WCR's e-TENDER DOCUMENT FOR SUPPLY
CONTRACTS (Ver. 7.0, applicable w.e.f 31.10.2022) uploaded on IREPS
website with file named Tender conditions applicable for all tenders
published on or after 31102022 Version 7.0 which is available on Home
Page of IREPS Website https://www.ireps.gov.in/ > Downloads > Public
Documents > Goods & Services > selecting Organization as Indian
Railway, Zone as WCR and Department as Stores and Filtering the tab.
The procurement of items for which sufficient local capacity and
competition exists as per Railway Board's letter No.
2015/RS(G)/779/5(Vol.III) dated 22/06/2020, letter No. 2015/RS
(G)/779/5(Vol.III) dated 12.07.2020, letter No. 2015/RS(G}/779/5(Vol.l)
dated 24.09.2020 and other Railway Board's letters (incorporated in revised
Annexure D of WCRs e TENDER DOCUMENT FOR SUPPLY
CONTRACTS (Ver.7.0, applicable w.e.f. 31.10.2022)) shall be restricted to
Class I Local Suppliers only and the vendors who do not qualify to be
Class I Local Suppliers should not quote in the tender as their offers shall
not be considered for any ordering. In case any vendor who does not
qualify to be a Class I Local Suppliers for the tendered item participates in
the tender it does so at its own risk and cost and Railways shall not be
liable for any loss or damage caused to the vendor. Boards letter No.
2015/RS(G)/779/5(Vol.III) dated 22/06/2020 and letter No. 2015/RS
(G)/779/5(Vol.III) dated 12.07.2020 (incorporated in revised Annexure D of
WCRs e TENDER DOCUMENT FOR SUPPLY CONTRACTS (Ver.7.0,
applicable w.e.f. 31.10.2022) ),only Class I Local Suppliers and Class II
Local Suppliers shall be eligible to quote. Only in global tenders Non Local
Suppliers will be eligible to quote along with Class I Local Suppliers and
Class II Local Suppliers. Class I Local Suppliers/Class II Local Suppliers
shall be required to provide self certification indicating percentage of local
content and the location where local value addition has been made without
which the tenderer will be treated as non local supplier and the offer will be
not be considered for any order. In tenders with estimated value above Rs.
10 crores, they shall be required to provide the certificate from the statutory
auditor or cost auditor (in case of companies) or from a practicing cost
accountant or practicing chartered accountant (in respect of suppliers other
than companies) giving the percentage of local content without which the
tenderer will be treated as non local supplier and the offer will be not be
considered for any order.
9 Public Procurement (Preference to Make in India), Order 2017 Para 10 (d) No No Not Allowed
:- (ii) In respect of para 10d of revised Public Procurement (Preference to
Make in India), Order 2017 dated 16.09.2020, intending tenderers may
please note as under:- Entities of countries which have been indentified by
the Nodal Ministry/Department as not allowing Indian companies to
participate in their Government Procurement for any item related to that
Ministry/Department shall not be allowed to participate in Government
procurement in India for all items related to that Nodal Ministry/
Department, except for the list of items published by the
Ministry/Department permitting their participation. The term entity of a
country shall have the same meaning as in the FDI policy of DPIIT as
amended from time to time. No offer of a supplier or bidder from a foreign
country will be considered unless he furnishes a declaration (with regard to
para 10d of revised Public Procurement (Preference to Make in India),
Order 2017 dated 16.09.2020) that his country does not disallow Indian
suppliers to participate and/or compete in procurement of the tendered item
in that country. The para 10d of revised Public Procurement (Preference to
Make in India), Order 2017 dated 16.09.2020 shall be applicable in respect
of items/countries notified by the Nodal Ministry relating to the tendered
item. If an Indian supplier has information of any such notification in respect
of tendered item, it will be necessary for him to submit copy of such
notification along with his offer. In case, the Indian supplier does not have
copy of notification, he shall provide documentary evidence of such
restrictions placed by the foreign country for the Railway to act upon.
Bidders may please note that - Entities of countries which have been
identified by the Nodal Ministry/Department as not allowing Indian
companies to participate in their Government procurement for any item
related to that Ministry/Department shall not be allowed to participate in
Government procurement in India for all items related to that nodal
Ministry/Department, except for the list of items published by the
Ministry/Department permitting their participation. The term entity of a
country shall have the same meaning as in the FDI policy of DPIIT as
amended from time to time.
10 Jurisdiction of Court :- As per Para 2703 of IRS Condition of Contract the No No Not Allowed
Courts of the place from where the acceptance of tender has been issued
shall alone have jurisdiction to decide any dispute arising out of or in
respect of the contract
7. RESPONSIVENESS
S.No. Description
Code of Integrity, Misdemeanor and Penalties :- Bidders are reminded to carefully go through the IRS conditions
of contract (included and uploaded along with the bid document) particularly Para 2500 pertaining to "Code of
Integrity, Misdemeanor and Penalties". Bidders shall certify that none of their sister concern or affiliates (such as
having common partner/director/promoter/owner/holding company decision control etc.) have participated in this
tender & which can give rise to a conflict of interest or fall under anti-competitive practices.The offers of all such
sister concern or affiliates if quoted are liable to be rejected as per relevant provisions of IRS terms and
1
conditions. Bidders shall abide by the Code of Integrity in general, with specific reference to conflict of interest
[Para 2502 (e)], anti competitive practices [Para 2502(c)] and obligation to proactive disclosures [Para 2503].
Bidders shall fully responsible for the declaration/certification regarding Code of Integrity, Misdemeanor and
Penalties given in commercial compliance and it shall not be the Railways responsibility to verify the same.
Bidders shall be liable for all consequences of violation of Code of Integrity (including termination of contract) as
per provisions in Para 2505 & 2506 of IRS conditions of contract , if detected, at any stage.
The tenderers in their bid shall indicate the details of their GST Jurisdictional Assessing Officers (Designation, Address &
email id). In case of a contract award, a copy of Purchase Order shall be immediately forwarded by Purchaser to the
GST Jurisdictional assessing officer mentioned in Tenderer's bid
This tender complies with Public Procurement Policy (Make in India) Order 2017, dated 15/06/2017, issued by
Department of Industrial Promotion and Policy, Ministry of Commerce, circulated vide Railway Board letter no.
2015/RS(G)/779/5 dated 03/08/2017 and 27/12/2017 and amendments/ revisions thereof.
As a Tender Inviting Authority, the undersigned has ensured that the issue of this tender does not violate provisions of
GFR regarding procurement through GeM.
Digitally Signed By