Signature Not

Verified
Digitally signed by
Yogesh Kumar
Date: 2020.06.15
15:10:35 IST
Reason: IREPS

STORES DEPARTMENT
Document
Location: IREPS-CRIS

INSTRUCTIONS TO TENDERERS

FOR
ELECTRONIC TENDERS

Modern Coach Factory

Raebareli
Revision: 14
Signature Not
Date of Issue: 13/02/2020
Verified
Digitally signed by
MITHLESH KUMAR
Date: 2020.02.14
10:28:05 IST
Reason: IREPS-CRIS
Location: New Delhi
 INDEX
SECTION – I

GENERAL INSTRUCTIONS
Para No. Subject Page No.

1.0 General Instructions 5

2.0 Downloading of Tender documents and corrigenda 6
3.0 Cost of Tender documents 7
4.0 Submission of offer 7
5.0 Specifications and Drawings 8
6.0 Earnest Money Deposit 8
7.0 Compliance of IRS, General, Special and other Tender 10
Conditions
8.0 Compliance of Technical Requirements 10
9.0 Eligibility Criteria 11
10.0 Price Basis 13
11.0 Delivery Period 14
12.0 Validity of Offers 14
13.0
Benefits to Micro and Small Enterprises (MSEs) 15
14.0
15.0 Preference to Domestically Manufactured Electronic 16
Products
16.0 Public Procurement Policy for Preference to Make in India 19
17.0 Tender Opening 21
18.0 Arbitration Clause 21
19.0 Compliance to Minimum Wages Act 22

2
 SECTION – II

GENERAL CONDITIONS OF TENDER

Para No. Subject Page No.

1.0 Price 24
2.0 Goods and Service Tax 25
3.0 Statutory Variations 26
4.0 Advance Acceptance/Counter offer, Delivery Period & 27
Liquidated Damage (LD) on delayed Supply
5.0 Terms of Delivery 27
6.0 Risk in Transit and Insurance 27
7.0 Weighment Clause 28
8.0 Unloading 29
9.0 Evaluation of offers 29
10.0 Consideration of offers 30
11.0 Splitting criteria 33
12.0 Communication of Acceptance 34
13.0 Security Deposit 34
14.0 Inspection 37
15.0 Advice of Despatch of Stores 40
16.0 Payment Terms 40
17.0 Option Clause 44
18.0 Warranty 46
19.0 Procurement of Stores with ISI Marking 47
20.0 Purchase according to samples 48
21.0 Time for making Risk Purchase 48
22.0 Force Majeure Clause 48
23.0 Fall Clause 49
24.0 Special Tender Conditions pertaining to procurement of 50
Machinery and Plants
25.0 e-Reverse Auction 53
26.0 Guidelines for classification of steel plants/ producers 55

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 SECTION – III

ANNEXURES
Annexure: Subject Page No.

I Electronic Fund Transfer(EFT) Mandate 56

II Format for Affidavit of Self Certification regarding Domestic 57

Value Addition in an Electronic product to be provided on
Rs. 100/- Stamp paper.

III Model Form of Bank Guarantee Bond 59

IV Proforma for Performance Statement 61

V Proforma for Equipment and Quality Control 62

VI Proforma for Authority from Manufacturers 64

VI Proforma for Bid securing declaration to signed by bidders

availing exemption from submission of EMD 65

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 SECTION-I
GENERAL INSTRUCTIONS

1.0 General Instructions to tenderers:

1.1 The Principal Chief Materials Manager, Modern Coach factory, Raebareli on behalf of
the President of India (hereinafter referred to as the Purchaser), duly authorised, invites
e- tenders from established and reliable manufactures or their authorised agents for the
supply of the items as set forth in the e-tender uploaded on IREPS website.

1.2 Tenderers are advised to carefully read all the instructions, the general and special
conditions of tender, and Indian Railway Standard (IRS) Conditions of Contract before
submitting the offer. By submission of offer with the tenderer’s digital signature in the
format of techno-commercial bid and financial rate of the IREPS website, hereinafter
stated as e-tender form for brevity, it shall be construed that the tenderer has read,
understood and accepted all conditions of the tender documents including all conditions
uploaded for the tender and corrigendum, if any, and undertakes to abide by the same.

1.2.1 For detailed instructions specific to tender conditions, such as, Price, GST, delivery
terms etc. tenderers must refer to General Conditions of Tender given in Section-II of
this document.

1.3 Tenderers must submit all information in English. Information in any other language
must be accompanied with its authenticated translation in English. Failure to comply
with this may render the offer liable to be rejected. In the event of any discrepancy
between an offer in a language other than English and its English translation, the
English translation shall prevail.

1.4 Tenderers must ensure that the conditions laid down for submission of e-tenders
detailed in subsequent paras, are completely and correctly complied with. Tenders
which are not complete in all respect as stipulated in these tender documents, are liable
to be rejected.

1.5 The Principal Chief Materials Manager or any other officer authorised on behalf of
the President of India is not bound to accept the lowest or any tender or to assign
any reason for doing so and reserves himself the right to cancel the tender, to
reduce or divide the contract or to accept any tender in respect of the whole or any
portion of the items specified in the e-tender and the successful tenderer shall be
required to supply the same at the rate quoted

1.6 In case of any contradiction in the terms and condition appearing in IRS Conditions of
Contract and General Conditions specified in the tender documents, the latter will
prevail. In case of any contradiction between the General Conditions and Special
Conditions specified in the tender documents, the latter will prevail.
1.7 Local conditions:
It will be imperative on each tenderer to fully acquaint himself/ herself of all the local
conditions and factors, which would have any effect on the performance of the
contract and cost of the stores. The Purchaser shall not entertain any request for
clarifications from the tenderer regarding such local conditions. No request for the

5
 change of price, or time schedule for delivery of stores will be entertained on this
ground after the Purchaser accepts the offer.

1.8 Pre-requisites for vendors desirous of participating in e-tenders:

1.8.1 Vendors intending to participate in the e-tenders available on the Indian Railways e-
procurement website “www.ireps.gov.in” will have to obtain a Digital Signature
Certificate (DSC) ‘Class III’ type in tenderer’s name from an approved certifying
agency. The list of certifying authorities issuing the Digital Signature Certificates is
available on the website www.cca.gov.in.

1.8.2 With the Digital Signature Certificate, vendors will have to register themselves on-line
using the link “New Vendors” option available on the home page of the website
www.ireps.gov.in duly filling the complete information as required in the web page and
attaching their digital signature using “Sign & Submit” button. Upon registration, the
website will provide a registration number, which the vendors may note for future
correspondence.

1.8.3 Vendors are advised that Centre for Railway Information Systems (CRIS) New Delhi, the
Web Master, will require minimum of 3 (three) clear working days to provide the user-ID
and password which will be sent to the e-mail address provided by vendor during the
registration process. In case of any difference in the information provided by the vendor
during registration on website and that available in the digital signature certificate, the
request will be rejected and an e-mail will be sent duly communicating the reasons for
rejection. CRIS will not be responsible for vendor’s failure to participate in a tender due to
any technical problems arising during the process of registration or submission of offers.

1.8.4 The digital signature certificates (DSC) are issued with limited currency / validity date. The
vendors are required to re-register themselves with the website ‘www.ireps.gov.in’
whenever their DSC is renewed.

1.8.5 Vendors are advised to familiarize themselves with the e-tendering process with the help
of “User Manual” available at home page of website “www.ireps.gov.in” under Learning
Center and Help Desk/Frequently Asked Questions (FAQ)/ e-Tender on the same
website.

2.0 Downloading of Tender Documents and corrigenda:

2.1 Tenderers can download tender documents from website www.ireps.gov.in free of cost.
The Purchaser will not be responsible for any delay/delays in downloading of tender
documents from the website.
2.2 Corrigenda:

Purchaser reserves the right to issue corrigenda to the tender document before the
due date of opening of the tender and additional time if warranted, may be given for
such corrigenda. It is the responsibility of the tenderer to regularly check any
correction or modifications to the tender documents published through corrigendum
on the website and download the same, and such corrigendum shall invariably be

6
 taken into account while submitting the offer. Tenderer can submit revised offer after
considering the effect of corrigendum, in case he has already submitted any offer
prior to publication of the corrigendum.

3.0 Cost of Tender Documents:

Tender document cost is not applicable for the tender documents which are
downloaded by the tenderers.
4.0 Submission of Offers:

4.1 Tenderers are required to submit their offers by filling up the e-tender form on the website
itself after making the payment of the requisite Earnest Money Deposit (EMD), unless
exempted as per provisions under Para 6.0 below.

4.2 All the e-tenders in prescribed electronic offer form on the IREPS website
www.ireps.gov.in should be submitted before the due date and time fixed for the receipt
of e-tenders as set forth in the tender document. The offer is to be submitted with digital
signature by the pre-authorised personnel of the tenderer already registered with IREPS
website.

4.3 Manual offers sent by post/fax or in person shall not be accepted, even if these are
submitted on the firm’s letter head and received in time. All such manual offers shall be
considered as invalid offers and shall be summarily rejected.

4.4 The scanned copies of all necessary documents must be uploaded with the offer. In case
offers are not accompanied with the required documents, same are liable to be rejected
without assigning any reason. However, Railway reserves the right to consider the offers
received without supporting documents, on merits in deserving cases.
On submitting the e-tender with Digital Signature Certificate, it shall be assumed that the
personnel of the tenderer digitally signing the e-tender form is a legally authorized
signatory, that is, he/she is-

i) the sole proprietor of the concern or the authorized attorney of the sole proprietor,

ii) a partner of the firm, in case of a partnership firm, or

iii) a 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 of the company.

4.6 In the case of a firm not registered under the Indian Partnership Act, it shall be deemed
that person digitally signing the e-tender is the attorney duly authorised by all the
partners. A certified copy of power of attorney or other documents empowering the
individual to digitally sign the e-tender, should also be uploaded as a part of the offer.

4.7 The IREPS website does not permit submission of any offer after closing date and
time of the e-tender. Hence there is no scope of any late or delayed offer in the

7
 online bidding process.

4.8 As the Modern Coach factory, Raebareli makes payment through NEFT system for quick
money transfer, tenderers are required to comply with the following –

i) To give consent for receipt of payment through NEFT/RTGS in a mandate form

given in Annexure-I

ii) To provide the details of their bank account in line with RBI guidelines for the
same, including bank name, branch name and address, account type, bank
account No., IFS Code as appearing on MICR cheques issued by the bank etc.

iii) To upload certificate from their bank certifying the correctness of the information
as mentioned in (ii) above.

4.9 In case, any clarification is required by the tenderers for submitting offers, same should
be sought for from the Purchaser well before the tender opening date. It may be noted
that no clarification will be given on date of tender opening.

5.0 Specifications and Drawings:

5.1 Specifications and drawings issued by MCF and mentioned in the description will alone
be uploaded as a part of the tender documents, wherever applicable. The Principal Chief
Materials Manager will not provide or upload
IRS/BIS/RDSO/RCF/CLW/DLW/CORE/DGS&D specifications or drawings and those
issued by other organisations. Such drawings and specifications must be obtained by the
tenderer from the appropriate authorities concerned who issue them on payment, if
required.

5.2 If tenderers happen to quote with their own Drawing No./ Part No./
Specification/catalogue, etc., then they shall have to necessarily upload copies of all such
drawings/specifications/catalogues, etc. and all the requisite documents and information
as part of their offer to support that it is in conformity with the tendered
drawings/specifications, failing which the offer will be liable to be rejected.

6.0 Earnest Money Deposit (EMD):

6.1 All the tenderers are required to furnish Earnest Money Deposit (EMD) subject to
following exemptions:

(a) (i) EMD Shall normally not be called against limited tenders with estimated value
upto Rs. 25 lakhs (including single tenders, global limited tenders)
(ii) If considered necessary, authority competent to issue tender may incorporate
the condition to call for EMD even in such limited tenders, on case to case basis.

(b) Micro and Small Enterprises (MSEs) registered for the tendered item in terms of
Railway Board's letter No. 2010/RS(G)/363/1 dated 05.07.2012

(c) Other Railways and Government Departments in terms of Railway Board's letter
No. 2004/RS(G)/779/11 dated 24.07.2007
(d) Indian Ordnance Factories in terms of Railway Board's letter No. 92/RSS(G)/363/1

8
 dated 08.04.1993

(e) PSUs owned by Ministry of Railways and PSUs for the group of items that are
manufactured by them in terms of Railway Board's letter No. 2003/RS(G)/779/5
dated 10.09.2004

(f) Vendors registered with Railways for the trade group of the item tendered.

(g) Vendors appearing on the approved vendor lists of RDSO/Pus/CORE, subject to

approval status being valid on the date of tender closing.

(h) Vendors registered with Railways for supply of medicine, medical equipments and
consumables shall be exempted from submission of EMD for these items.

(i) In tenders issued against PAC, OEM in whose favour PAC has been issued shall
be exempted from submitting EMD, KVIC and ACASH shall be exempted from EMD
for items supplied by them.
(j) MSEs having UAM for same/similar trade group of items.

6.2 Tenderers seeking exemption from payment of EMD must upload requisite documentary
evidence in support of their claim alongwith signed bid securing declaration as per
Annexur-VII. Only tenderers fully complying criteria mentioned in Para 6.1 can avail EMD
exemption. In case of any doubt, tenderer must participate only after paying EMD.
Tenderers other than those who are eligible for exemption from paying Earnest Money as
detailed in Para 6.1, shall be required to pay Earnest Money Deposit on or before tender
opening date, failing which their offers shall be summarily rejected.

6.3

Estimated value of tender EMD (rounded off to nearest higher Rs. 10

(ten))
Above Rs. 25 lakh and Upto Rs. 50 Cr. @2% of the estimated value of the tender
subject to Max. Rs. 20 lakh.
Above Rs. 50 Cr. Rs. 50 lakh.

6.4 Railway reserves the right to enhance the upper limit on amount of EMD for high value
tender cases and such upper limit will be specified in the tender documents.

6.5 EMD should be submitted online only through the payment gateway as available on

IREPS website.

6.6 No interest shall be payable by the Purchaser on the Earnest Money Deposit or any other
payment made to Railways.

6.7 EMD shall be refunded when any one of the following conditions is satisfied.

9
 (a) After finalization of tender the bidder is an unsuccessful bidder.
(b) Validity of offer expires and validity extension is not sought.
(c) Validity of offer expires and bidder refuses to extend validity of offer.
(d) After finalization of the tender successful bidder submits required SD.
EMD of bidders or tenderers shall be released immediately after it is due for release as
per above criterion. The Purchaser may initial the process of release ust after the EMD is
due for release.

6.8 Any tender not accompanied by EMD in the prescribed form given above may be rejected
by the Purchaser as unresponsive, unless the tenderer is entitled for the exemption from
payment of EMD.

6.9 The Earnest Money Deposited is liable to be forfeited, if the tenderer withdraws or
amends, impairs or derogates from the offer in any respect within the period of validity of
his offer or if the tenderer being successful, fails to submit the Security.

7.0 Compliance of IRS, General, Special and Other Tender Conditions:

The offer shall comply with the IRS Conditions of Contract, General Conditions of Tender
and Special Conditions of Tender given in the tender documents. The details of
deviations from the said tender conditions, if any, should be clearly indicated in the
Techno Commercial bid details under “Commercial Deviation Statement” of e-tender form
and if space available is not adequate, tenderers can upload a Statement of Deviations
which shall include remarks and justifications for deviations against various clauses of
the tender conditions for each deviation and the scanned copy of the same must be
uploaded as a part of the offer, and a reference of uploaded deviation statement shall be
given in “Commercial Deviation Statement”. The Purchaser, however, reserves the right
to accept or reject any of the deviations and his decision thereon shall be final. If there is
no deviation, tenderer should indicate “No Deviation” in Commercial Deviation Statement.

8.0 Compliance of Technical Requirements:

8.1 The stores/equipments offered should be in accordance with the stipulated description,
drawings and specifications mentioned in tender document published on IREPS website.
The details of deviations from the drawings and specifications, if any, should be clearly
indicated in the Techno Commercial bid details under the heading “Technical Deviation
Statement” and if space available is not adequate, tenderers can upload a Statement of
Deviations which shall include remarks and justifications for deviations against various
clauses of technical specifications/drawings for each deviation, and the scanned copy of
the same must be uploaded as a part of their offer. A reference of uploaded deviation
statement shall be given in “Technical Deviation Statement” of e-tender form. The
Purchaser, however, reserves the right to accept or reject any of the deviations and his

10
 decision thereon shall be final. If there is no deviation, tenderer should indicate “No
Deviation” in Technical Deviation Statement.

8.2 The Purchaser may accept 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.

8.3 Remarks such as "Best Make’ etc. will be assumed to indicate ‘Best Make’ conforming to
the tendered specification, unless it is specially mentioned by the tenderer that the
material offered is not to the tendered specification.

8.4 The tenderer should avoid ambiguity in his offer, e.g., if his offer is to his standard
sizes/length/ dimensions, etc. he should specifically state them in details without any
ambiguity. Brief descriptions such as "standard lengths", etc. should be avoided in the
offer.

9.0 Eligibility Criteria:

9.1 Offers directly from the actual manufacturers of the tendered item are desirable. The
offers from the authorized dealers/agents of manufacturer of tendered item will be
considered subject to compliance of the conditions given in para 9.2.2 below. The offers
from brokers and middlemen are liable to be rejected.

9.2 The tenderers shall upload necessary scanned copies of documents to show that:

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

has adequate technical knowledge and practical experience;

iii) he has adequate plant and manufacturing capacity to manufacture and supply
the items offered within the delivery schedule offered by him;

iii) he has an established quality control system and organization to ensure that
there are adequate controls at all stages of all manufacturing process.

iv) 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;

9.2.1 For the above purposes, the tenderers should upload the scanned copies of the
following documents:

i) a performance statement giving a list of major supplies effected in the recent past
for the tendered item/similar items in the proforma given in “Performance
Statement” of e-tender form (Annexure-IV), with proof of having executed the
contracts satisfactorily. While doing so, the tenderer should upload scanned
copies of relevant documents, i.e., Purchase orders, Inspection Certificates,
Receipt Notes, etc.

ii) a statement indicating details of equipment employed and quality control

11
 measures adopted as per Annexure-V, including the following:

a) Quality assurance plan proposed for manufacture of the tendered item.

b) Details of major machinery and equipments available and proposed to be
used for manufacturing the tendered item.
c) Process chart.
d) Inspection stages and inspection plans.
e) Place of manufacture and inspection.
f) Details of competent technical personnel employed at firm’s premises and
in the field.

iii) A report from a recognized bank or a financial institution to show that the firm has
adequate financial stability and status to meet the obligations under the contract
arising out of the tender for which he is quoting.

9.2.2 In case tenderer is not a manufacturer of tendered item and he quotes on behalf of his
principal/manufacturer, he shall invariably comply with the following:

i. Indicate the manufacturer’s/ Principal’s name and address in his offer.

ii. Upload the tender specific authorization letter from his principal/manufacturer to
submit offer against this tender, where applicable. The tender specific authorization
should certify that no company, firm or individual other than M/s. _ _ _ _ are
authorised to represent us in regard to this business against this specific tender.

iii. Upload the details as mentioned in Para 9.2 and 9.2.1 above for his
principal/manufacturer.

iv. Upload his own past performance particulars if any, in the similar manner as for their
principal/manufacturer with documentary evidence for same/similar items in the past
3 years.

v. Upload the scanned copies of documents for his own credentials, such as,
constitution of firm, GST registration, banker’s certificate and balance sheet of latest
or previous three years duly certified by Chartered Accountant etc.

vi. Proforma for “Authority from Manufacturer” is enclosed as Annexure-VI.

9.2.3 In addition to the above, further information regarding his capacity/capability etc., if
required by the Purchaser, shall be promptly furnished by the tenderer.

9.2.4 The OEM/Authorized Dealers/Agents must comply with the following conditions failing
which their offers are liable to be rejected without further reference:

i) In a tender, either the authorized agent/dealer on behalf of the Principal/OEM or

the Principal/OEM itself can bid, but both cannot bid simultaneously for the
same item in the same tender.

ii) If an authorized agent/dealer submits bid on behalf of the Principal/OEM, the

same agent/dealer shall not submit a bid on behalf of another Principal/OEM in
same tender for the same item/product.

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9.3 Specific Eligibility Criteria if any, mentioned in tender document published on IREPS
website and Special conditions shall also be applicable in addition to the above.

9.4 Tenderers not uploading the requisite documents may note that their offers are liable to
be rejected without further reference.

9.5 Participation in the tender is open to all, including unapproved, unregistered and/or
untried firms. However, such tenderers will have to submit their offers electronically
along with all the supporting documents as described in the tender documents to
establish their capacity, including those brought out in para 9.2, 9.2.1 and 9.2.2 above. If
the tenderer fails to upload the required documents, his offer is liable to be rejected.
9.6 The eligibility conditions with respect to prior turnover and/or prior experience, if any
stipulated in the tender document, may be relaxed for Micro and Small Enterprises
having technical capability to manufacture and supply the tendered items, subject to
meeting of quality and technical specifications. All other requirements as mentioned in
the tender document including capacity and capability to manufacture and supply the
tendered goods shall be satisfied by such MSEs for consideration of their offers.

9.7 Onus of proving capacity cum capability to supply and/or fitment for tendered item shall
lie with the tenderer.

10.0 Price Basis:

10.1 All tenderers must quote in Indian Rupees (INR) only, failing which the offers are liable to
be rejected.

10.2 Tenderers are required to quote only one rate for each item/consignee in the
prescribed fields of Financial Rate Page of e-tender form and nowhere else. In case,
the tenderer quotes any rate/or any condition, which affects the all inclusive rate in
the Financial Rate Page, at any other place in the offer or in any document uploaded
with their offer, then the rates mentioned in the Financial Rate Page will only be
considered for determining inter-se ranking of the offer, unless otherwise specified in
the tender document. Further, Purchaser reserves the right to consider such offers
even as invalid offers and same are liable to be rejected.

10.3 All the mandatory fields of the Techno Commercial Bid Details and Financial Rate
Page have to be filled up by the tenderers. All inclusive rate on FOR destination
basis shall be automatically calculated by the system and same will be shown to the
tenderers before submission of offer.

10.4 The tenderers should quote their lowest possible price for each ‘unit’ specified in the
"Tender Document” for the tendered item. Tenderers are not allowed to change the
‘unit’ of the tendered item and if they quote their price for any different ‘unit’, unless
specified in the tender document, their offers are liable to be rejected.

10.5 Unless otherwise specified in Tender, wherever no price variation clause is specified,
tenderers must submit their offers/e-Bids on fixed price basis only, that is, the quoted
prices should be firm and not subject to any variation, otherwise the offer shall be
summarily rejected.

10.6 Wherever multiple consignees and multiple items are mentioned in the tender

13
 document as published on IREPS website, tenderers shall quote separately for each
consignee and for each item, unless otherwise specified.

10.7 The rates quoted shall not be more than the Maximum Retail Price (MRP) of the
tendered item, if any. In case Railway detects at any time that the amounts have
been quoted and paid over and above the MRP of any item, goods, then Railway
reserves the right to recover any such additional amounts paid for supplying, in full
or in part, for such items, over and above the MRP prevailing at the time of supplies
actually made. Such recoveries can be made at any time, including after the
completion of the contract. In case such over pricing is detected during the course of
the contract then Railway reserves the right to pay only the amounts maximum up to
the MRP of such items.

11.0 Delivery Period:

11.1 Tenderers must refer to the delivery schedule specified in the tender document.
Delivery period quoted must conform to the delivery requirement specified in the
tender document and should not be vague such as “2 to 12 months. That is, offer
should mention the starting time, monthly/quarterly rate of supply and completion
time, such as, to commence in ______ days/ months @____ per month/week and
completed in _______ days/months from date of issue of the purchase order.

11.2 The tenderer should quote specific monthly rate of supplies they intend to deliver
and the completion date/month of the lot. The Purchaser will have the right to define
the separate delivery period for each instalment.

11.3 Notwithstanding above, tenderers must note that the delivery schedules indicated in
the tender document are tentative, Purchaser reserves the right to reschedule the
delivery according to its production requirement at the time of finalization of tender
as well as at post purchase order stage.

11.4 The purchaser reserves the right to accept higher offer for part/full quantity for early
delivery period, wherever so specified in the tender specific special conditions.

11.5 The attention of the tenderers is invited to clauses 0700, 0701, 0702 of the IRS
Conditions, which shall govern the contract.

12.0 Validity of the offer:

12.1 The offers shall be kept valid for acceptance for a minimum period of Ninety (90)
calendar days (120 calendar days for M&P Items) from the date of opening of tenders or
as specified in the tender, within which period, the tenderer shall not withdraw his offer.
Offers with validity period of short duration may be considered as unresponsive and
those offers are liable to be rejected, unless validity of offer is extended as per the
tender condition.

12.2 The purchaser may ask for the tenderer's consent for an extension of the period of

14
 validity of offer. A tenderer granting the request for validity extension shall not be
permitted to modify its tender.

12.3 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
successful 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.

13.0 Benefits to Micro and Small Enterprises (MSEs):

13.1 As per the extant Public Procurement Policy of the Government of India, Micro and Small
Enterprises (MSEs) having current and valid registration for the tendered item with any
of the below specified agencies are entitled for benefits and preferential treatments
specified in Clause 13.4 below. MSEs who are interested in availing themselves of these
benefits must upload with their offer, the proof of their being MSE registered with any of
the agencies mentioned in the notification of the Ministry of MSME and indicated below:

i) District Industries Centers

ii) Khadi and Village Industries Commission
iii) Khadi and Village Industries Board
iv) Coir Board
v) National Small Industries Corporation (NSIC)
vi) Directorate of Handicraft and Handloom
vii) Those having Udyog Aadhar Memorandum
viii) Any other body specified by Ministry of MSME
13.2. The MSEs must also indicate the terminal date of validity of their registration.
13.3 Non compliance of requirements of para 13.1 and 13.2 above, such offers will not be
liable for consideration of benefits detailed in para 13.4 given below.

13.4 MSEs registered with any of the agencies mentioned in para 13.1 are entitled for the
following benefits:

i) MSEs registered with any of the agencies for the item tendered will be exempted
from payment of Earnest Money.

ii) In tenders, participating MSEs quoting a price within price band of L1 + 15% shall be
allowed to supply a portion of the requirement by bringing down their price to L1
price, in a situation where L1 price is from someone other than a MSE and such
MSEs can be together ordered up to 25% value out of the net procurement quantity.

iii) Over all 4% from earmarked 25% for MSE of procurement will be from MSEs owned
by Scheduled Caste/ Scheduled tribe (SC/ST) Entrepreneurs. In the event of failure of
such MSEs to participate in the tender process or meet tender requirements and L-1
price, 4% sub target of procurement earmarked from MSEs owned by Scheduled
Caste/ Scheduled Tribe (SC/ST) Entrepreneurs be met from other MSEs
Overall 3 percent from within the earmarked 25 percent target shall be earmarked for
procurement from Micro and Small Enterprises owned by Women.

iv) In case tendered item is non-splitable or non-dividable, etc. Purchaser may award the

15
 full/complete supply of total tendered value to MSE quoting price within price band
L1+15%, considering spirit of policy for enhancing the Govt. procurement from MSE.
13.5 An MSE shall be considered as that owned by SC/ST in following cases:
a) In case of proprietary MSE, proprietor(s) shall be SC/ST.
b) In case of partnership MSE, the SC/ST partners shall be holding at least 51%
shares in the unit.
c) In case of Private Limited Companies, at least 51% share shall be held by
SC/ST promoters.
13.6 In case, the tenderer is a Micro or Small Enterprises (MSE), the tenderer shall also
furnish the following details in their offer:

i) The category of the tenderer:

a) Whether vendor is Micro Enterprise or

b) Whether vendor is Small Enterprise.
ii) Each of the above categories must further mention the sub-classification whether the
tenderer is an enterprise -

a) Owned by Scheduled Castes (SC)

b) Owned by Scheduled Tribes (ST)
c) Owned by other than the above two categories.
iii) Confirm the following:

a) Whether documentary proof of being registered with any of the specified

agencies indicated in Para 13.1 above has been submitted with their offer.
b) Whether the terminal date of validity of the registration with the specified
agencies has been indicated in their offer.

13.7 In case, the tendered item is restricted for placement of bulk orders on approved sources,
then the criteria for placement of orders on MSEs under the Public Procurement Policy
for MSEs will additionally require that the MSE firms are one of the valid approved
sources for the tendered item.

14.0 The tenderers who are large Scale vendors of Railway Units or who come under
consortia of MSEs (as vendors to Railway Units) formed by NSIC, are also required to
upload with their offers, the procurement and percentage of sub-contract to be made from
MSEs for goods to be supplied against this tender, and also furnish the details as in para
13.6 above for the portion sub-contracted to MSEs.

14.1 Vendors (MSE bidders) will declare Udhyog Aadhar Memorandum (UAM) on CPPP, failing
which such bidders will not be able to enjoy the benefits as per Public Procurement Policy
ofor MSEs Order, 2012 for tenders invited electronically through CPPP.
(Authority: Railway Board’s letter No. 2010/RS(G)/363/1 dated 25.04.2018)

15.0 Preference to Domestically Manufactured Electronic Products:

15.1 The Purchaser reserve the right for providing preference to Domestically Manufactured
Electronic Products (DMEP) in terms of the extant policy of the Government which can be
downloaded from Deity website, i.e., URL http://meity.gov.in/esdm/pma. Purchase
preference for domestic manufacturer, methodology of its implementation, value addition
to be achieved by domestic manufacturers, self certification, and compliance and

16
 monitoring shall be as per the aforesaid guidelines/notifications. The
guidelines/notifications on the subject will be treated as an integral part of the tender
documents.

15.2 Briefly, the preference for Domestically Manufactured Electronic Products (DMEPs) shall
be operated as follows subject to status of the policy applicable as on the date of tender
opening and subject to the bidder complying with all other requirements specified in the
tender document:
As per extant policy of the Government of India, the electronic products for which
preference will be provided to domestic manufacturers are as notified by the Concerned
Ministry/Department which are as under as on 23.08.2017–
Sl. Product name Notifying Ministry/Department Notification No.
No. And date
1 Telecom Products Department of Telecom 18-07/2010-IP
dt.05.10.2012 read
with Notification
dated 11.01.2017
2 Desktop PCs and Department of Electronics and F.No.33(3)/2013-
Dot Matrix Printers Information Technologies, Ministry IPHW dt.
of Communication and IT 22.5.2014
3 Laptop PC Department of Electronics and F.No.33(3)/2013-
Information Technologies, Ministry IPHW dt.
of Communication and IT
22.5.2014
4 Tablet PC Department of Electronics and F.No.33(3)/2013-
Information Technologies, Ministry IPHW dt.
of Communication and IT
22.5.2014
5 Smart Card Department of Electronics and F.No.33(3)/2013-
Information Technologies, Ministry IPHW dt.
of Communication and IT
22.5.2014
6 LED Products Department of Electronics and F.No.33(3)/2013-
Information Technologies, Ministry IPHW dt.
of Communication and IT
22.5.2014
7 Biometric IRIS Department of Electronics and F.No.33(3)/2013-
sensors Information Technologies, Ministry IPHW dt.
of Communication and IT
01.10.2014
8 Biometric Access Department of Electronics and F.No.33(3)/2013-
Control/ Information Technologies, Ministry IPHW dt.
of Communication and IT
Authentication 01.10.2014
devices
9 Biometric Finger Department of Electronics and F.No.33(3)/2013-
Print Sensors Information Technologies, Ministry IPHW dt.
of Communication and IT 22.5.2014

ii) Copies of all the notifications can be downloaded from http://meity.gov.in/esdm/pma.

iii) The quantity of procurement for which the preference will be provided to domestic

17
 manufacturers shall be percentage of the net procurable quantity as specified in the
relevant notifications issued by Concerned Ministry/Department indicated in sub-para
(i) above and can be downloaded from the websites of respective
ministries/departments.

iv) Percentage of domestic value addition which qualifies the electronic product to be
classified as domestically manufactured shall also be as specified in the relevant
notifications issued by Concerned Ministry/Department indicated in Sub Para (i) above
and can be downloaded from the websites of respective ministries/departments.

15.3 In terms of above referred guidelines, domestic manufacturers are required to upload the
domestic value addition in terms of Bill of Materials (BOM) for the quoted product along
with their offer in the following format, failing which their offer will not be eligible for
purchase preference under this policy –
Item No. Item Description Domestic value addition in percentage

15.4 The tenderers, claiming to bid in the status of domestic manufacturer must also give and
upload an undertaking in the format as given as ‘Form 1’ of the guidelines, copy at
Annexure II. Furnishing of false information on this account shall attract penal provisions
as per relevant guidelines/notifications.

15.5 Procedure for award of contracts involving procurement of specified electronic products
from domestic manufacturers shall be as under:
“For each electronic product proposed to be procured, among all technically qualified
offers, the lowest quoted price will be termed as L1 and rest of the offers shall be ranked
in ascending order of price quoted as L2, L3, L4 and so on. If L1 offer is of a domestic
manufacturer, the said tenderer will be awarded full value of the order. If L1 offer is not
from a domestic manufacturer, the value of the order awarded to L1 tenderer will be the
balance of procurement value after reserving specified percentage of the total value of
the order for the eligible domestic manufacturer. Therefore, the lowest tenderer among
the domestic manufacturers, whether L2, L3, L4 or higher, will be invited to match L1
offer in order to secure the procurement value of the order earmarked for the domestic
manufacturer. In case first eligible tenderer (i.e. domestic manufacturer) fails to match L1
offer, the tenderer (i.e. domestic manufacturer) with next higher offer will be invited to
match L1 offer and so on. However, Railway may choose to divide the order among more
than one successful tenderer as long as all such tenderer match L1 and the criteria for
allocating the tender quantity amongst a number of successful tenderer is clearly
articulated in the tender document itself. In case, all eligible domestic manufacturers fail
to match the L1 offer, the actual tenderer holding L1 offer will secure the order for full
procurement value. Only those domestic manufacturers whose offers are within 20% of
the L1 offer would be allowed an opportunity to match L1 offer”.

15.6 In case of turnkey/system integration projects, eligibility of a tenderer as a domestic

18
 manufacturer would be determined on the domestic value addition calculated only for the
value of notified DMEPs forming part of the turnkey/system integration projects and not
on the value of whole project.

16.0 Public Procurement Policy for Preference to Make in India:

16.1 The Government has issued Public Procurement (Preference to Make in India), Order
2017 laying down the policy to encourage ‘Make in India’ and promote manufacturing and
production of goods and services in India. The salient features of the aforesaid Order are
as under:

16.1.1 For the purpose of this Order, the definitions are as under:

i. ‘Local content’ means the amount of value added in India which shall, unless otherwise
prescribed in the special conditions, be the total value of the item procured (excluding
net domestic indirect taxes) minus the value of imported content in the item (including
all customs duties) as a proportion of the total value, in percent. Local content can be
increased through partnerships, cooperation with local companies, establishing
production units in India or Joint Ventures (JV) with Indian suppliers, increasing the
participation of local employees in services and training them.

ii. ‘Local Supplier’ means a supplier or service provider whose product or service offered
for procurement meets the minimum local content. The minimum local content shall be
50%.

iii. ‘Margin of purchase preference’ means the maximum extent to which the price quoted
by a local supplier may be above the L1 for the purpose of purchase preference which
is 20%. However, it will be taken as per the status of the policy reckoned as on the
date of tender opening.

16.1.2 The local supplier at the time of tender bidding shall provide self-certification that the item
offered meets the minimum local content and shall give details of the locations(s) at
which the local value addition is made.

16.1.3 In cases of procurement for a value in excess of Rs. 10 Crore, the local supplier shall be
required to provide a certificate from the statutory auditor or cost auditor of the company
(in the case of companies) or from a practising cost accountant or practising chartered
accountant (in respect of suppliers other than companies) giving the percentage of local
content.

16.1.4 False declarations will be in breach of the Code of Integrity under Rule 175(1)(i)(h) of the
General Financial Rules issued by the Ministry of Finance for which a bidder or its
successors can be debarred for up to two years as per Rule (iii) of the General Financial
Rules along with such other actions as may be permissible under law.

16.1.5 A supplier who has been debarred by any procuring entity for violation of this Order shall

19
 not be eligible for preference under this Order for procurement by any other procuring
entity for the duration of the debarment. The debarment for such other procuring entities
shall take effect prospectively from the date on which it comes to the notice of other
procurement entities.

16.1.6 Subject to the provisions of this Order and to any special conditions, purchase preference
shall be given to local suppliers in the manner specified under:

i. In procurement of goods where there is sufficient local capacity and local competition,
and where value of procurement is Rs. 50 lakh or less, only local suppliers shall be
eligible.

ii. In procurement of goods above 50 lakhs and which are divisible in nature, ordering will
be done as follows:

a. Among all qualified bids, the lowest bid will be termed as L1. If L1 is from a local
supplier, the contract for full quantity will be awarded to L1.

b. If L1 bid is not from a local supplier, participating local suppliers quoting a price within
price band of L1 + Margin of Preference (%) shall be allowed to supply a portion of the
requirement by bringing down their price to L1 price and such local suppliers can be
together ordered up to 50% value out of the net procurement quantity. In case some
quantity is left uncovered on local suppliers, then such balance quantity will also be
ordered on the L1 bidder.

iii. In procurement of goods above 50 lakh and which are not divisible, ordering will be
done as follows:

a. Among all qualified bids, the lowest bid will be termed as L1. If L1 is from a local
supplier, the contract for full quantity will be awarded to L1.

b. If L1 is not from a local supplier, the lowest bidder among the local suppliers will be
invited to match the L1 price subject to local supplier’s quoted price falling within the
margin of purchase preference (%), and the contract shall be awarded to such local
supplier subject to matching the L1 price.

c. In case lowest eligible local supplier fails to match the L price, the local supplier with
the next higher bid within the margin of purchase preference shall be invited to match
the L1 price and so on and contract shall be awarded accordingly. In case none of
the local suppliers within the margin of purchase preference matches the L1 price,
then the contract may be awarded to the L1 bidder.

16.1.7 Exemption of small purchases: Notwithstanding anything contained in Para 16.1.6

procurements where the estimated value to be procured is less than Rs. 5 lakhs shall be
exempted.

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17.0 Tender Opening:

17.1 No vendor shall be required to be present in the Railway office for any e-tender opening
process.
They can obtain totally transparent bid tabulation statement by logging on to the website.

17.2 Railway does not guarantee opening of tenders at the specified date and exact time due
to reasons beyond control and hence tenders can be opened after due date and time
also. It should, however, be noted that vendors can not submit any offer or attach any file
after the due date and time stipulated under the tender notice.
18.0 Arbitration Clause:

18.1.1(a)(i) In the event of any dispute or difference of opinion between the Modern Coach
Factory administration and Contractor(s) as to respective right and obligation of the
parties hereunder or of onus to the true intent and meaning of these present and of any
articles of conditions thereof such dispute of difference of opinion (except the matter
regarding which the decision has been specifically provided for in the terms of the
contact) shall be referred to the sole arbitration. Arbitrator shall be a person possessing
qualification laid down in Para 18.1.1(a)(ii) of this Bid Document shall be appointed by
the General Manager in the case of contracts entered into by Modern Coach Factory,
Raebareli.

18.1.1(a)(ii) Qualification for appointment as Sole Arbitrator :

a) Retired Railway Officer not below SAG level 3 years after his date of retirement.
b) Age of Arbitrator at the time of appointment shall not exceed 70 years.

18.1.1(a)(iii) An Arbitrator may be appointed notwithstanding the total no. of arbitration cases in
which he has been appointed in the past. Retired Railway officer being appointed as
arbitrator, however, will not be one of those who had an opportunity to deal with the
matters to which the contract relates or who in the course of their duties as railway servant
have expressed views on all or any of the matters under dispute or difference.

18.1.1(a)(iv) The award of the Arbitrator shall be final and binding on the parties to this contract.

18.1.1(b) In the event of the Arbitrator 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 to appoint another arbitrator in
place of the outgoing arbitrator on the manner aforesaid.

18.1.1(c) 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.

18.1.1(d)(i) The cost of arbitration shall be borne by the concerned parties in terms of section 31
(A) of Arbitration and Conciliation Act, 1996, as amended by Arbitration and Conciliation
(Amendment) Act, 2015. The cost shall inter-alia include fee of the Arbitrator, as per the

21
 rates fixed by Railway Board from time to time, Further, the fee payable to the Arbitrator
would be governed by instruction issued on the subject by Railway Board from time to
time irrespective of the fact whether the Arbitrator is appointed by the Railway
administration under this clause or by any court of law unless specifically directed by
Hon’able court otherwise on the matter.

18.1.1(d)(ii) Arbitrator shall be entitled to 50 percent extra fee, if award is made within 6 months
in terms of provision contained in section 29 (A) (2) of the Arbitration and Conciliation Act,
1996 as amended by Arbitration and Conciliation (Amendment) Act, 2015.
Besides above, Arbitrator shall also be entitled for this extra fee, in cases, where Fast
Track Procedure in terms of section 29 (B) of the Arbitration and Conciliation
(Amendment) Act, 2015 is followed.

18.1.1(e) Subject to as aforesaid, the Arbitration and Conciliation (Amendment) Act, 2015 and the
rules there under and any statutory modifications thereof for the time being in force shall
be deemed to apply to the arbitration proceedings under this clause.

18.1.1(f) The venue of arbitration shall be the place from which the acceptance note is issued or
such other place as the arbitrator at his discretion may determine in terms of section 20 of
the Arbitration and Conciliation Act, 1996, as amended by Arbitration and Conciliation
(Amendment) Act, 2015.

18.1.1(g) In this clause the authority, to appoint the arbitrator includes, if there be no such
authority, the officer who is for the time being discharging the functions of that authority,
whether in addition to other functions or otherwise.

18.1.1(h) It is further a term of this contract that where the arbitral award is for the payment of
money, no interest shall be payable on whole or any part of the money for any period till
the date on which the award is made in terms of Section 31 (7) (a) of the Arbitration and
Conciliation Act, 1996, as amended by Arbitration and Conciliation (Amendment) Act,
2015.

18.2.1. Pre- Arbitration Meetings:

To avoid the cumbersome & time consuming process of arbitration, pre-arbitration

meeting with the contractors can be held for settlement of claim of contractors. However
such meeting/discussions shall be without prejudice to the Railway’s interest in the
matter. If an understanding is reached between the administration and the contractor,
discussions will be recorded indicating the claim admitted to the extent and the claim not
admitted and the contractor’s no claim certificate taken on that basis. In either case
subsequent action shall be proceeded and the residual disputes if any, shall be referred to
arbitration in terms of clause/Para 18.1.1 above.

19.0 Compliance of Minimum Wages Act

Tenderers should comply with all the applicable provisions of Minimum Wages Act.

22
23
 SECTION - II
GENERAL CONDITIONS OF TENDER

1.0 Price:

1.1 Tenderers should quote their rates for free delivery (Door Delivery) at premises of
consignees as mentioned in the e-tender. Break up of such price must be given
completely and unambiguously in the Financial Rate Page under Financial Bid Details of
the e-tender form in the IREPS website. In case the tenderers quote prices on ex-works
or ex-godown basis, specific amount of freight charges must invariably be quoted
instead of vague freight charges, such as ‘extra at actuals’.

1.1.1 In case the tenderer does not specifically state anything about the place of delivery or
does not quote freight charges in his offer/e-Bid, it shall be assumed that the tenderer
shall bear the freight charges and that the offer is for free delivery at the destination, i.e.,
for door delivery at consignees’ premises as mentioned in the tender document. This
assumption shall be final and binding on the tenderer and will not be subject to any legal
dispute or arbitration in future.

1.1.2 All tenderers shall quote in Indian Rupees (INR) currency only, failing which such offers
are liable to be ignored.

1.2 The rate or amount of taxes and duties, if any, must be spelt out clearly in the break-up
to be furnished in the prescribed Financial Rate Page under Financial Bid Details of the
e-tender form. Even where the rate or amount of taxes/duties and freight included in the
rate is Nil, this should be specifically stated in the offer.

1.2.1 Packing, forwarding and freight charges, wherever applicable, should be quoted clearly.
Applicability of GST on the packing and forwarding charges shall be as per the GST
Law.

1.2.2 If there is any ambiguity in respect of rates of taxes and duties other than GST, if any,
the purchaser shall evaluate the offers by taking into account the highest rate of such
taxes and duties as known to the purchaser for determining the inter-se ranking of the
offers. Purchaser’s decision in this regard shall be final and no claim regarding
applicability of taxes/duties or otherwise will be entertained after opening of the e-
tenders. The purchasers will, however, reserve the right not to pay such taxes and duties
not specifically claimed or not indicated clearly/unambiguously by the tenderers in the
Financial Rate Page under Financial Bid Details of the e-tender form.

1.2.3 The purchaser will not be responsible for any incorrect evaluation and consequent
impact on inter-se ranking, if the tenderer does not fill the prescribed e-Tender offer form
or submits incomplete, ambiguous or misleading rates of taxes, duties and other
charges.

24
1.3 Price Variation Clause:

1.3.1 If any price variation clause (PVC) is specified in the tender documents, tenderer shall
submit offer /e-Bid according to such PVC. If the tenderer quotes different PVC, then the
offer is liable to be rejected. Offer with base date /indices different from the base
date/indices indicated in the PVC formula mentioned in the tender schedule shall be dealt
as per Para 9.3 of General Conditions of Tender.

1.3.2 Tenderer/s must submit their offer/ e-Bid according to Price Variation Clause specified in
tender. Ambiguous and indeterminate PVC offered by tenderer and offer with PVC such
as “Price Variation Clause applicable” or “Rate ruling on the date of supply shall be
applicable” etc. will not be accepted and offer shall be summarily rejected.

1.3.3 Tenderers who quote with price escalation on account of raw material in the tenders
must note that any escalation claims will be subject to verification by the Principal
Financial Adviser of Modern Coach factory, Raebareli (MCF) with reference to the
records that may be called for from them, such as, records of position of ground stocks
available at the time of submission of tender for verification/examination of their claims
under price variation clause before their claims are accepted. If the tenderer fails to
establish his claim by producing satisfactory records before the PFA of MCF, their claim
will be disallowed and/ or proportionately reduced.

2.0 Goods and Services Tax (GST):

2.1 GSTIN of MCF is 09AAAGM0289C1ZH.

2.2 All the bidders/tenderers should ensure that they are GST compliant and their quoted tax
structure/rates are as per GST law. All tenderers who are registered under CGST/IGST/
UTGST/SGST Act shall submit GSTIN (Goods and Services Tax Identification Number)
details. Tenderers will examine the various provisions of the Central Goods and Services
Tax Act, 2017 (CGST)/Integrated Goods and Services Tax Act, 2017 (IGST)/ Union
Territory Goods and Services Tax Act, 2017 (UTGST) and
respective State’s State Goods and Services Tax Act, 2017 (SGST), as notified by
Central/ State Government and as amended from time to time and applicable taxes
before tendering/bidding.

2.3 All tenderers to incorporate HSN code of item/items being quoted along with the offer. It
will be the responsibility of the bidder to quote correct HSN Code and corresponding
GST rate. The offers shall be evaluated based on the GST rate quoted by each bidder
and the same will be used for determining the inter-se ranking.

2.4 Whenever tender calls for set consisting of many items; tenderer/bidder has to quote
clearly the break up rates of various components, showing individual item’s description,
Basic rate and GST rate as applicable.

2.5 Wherever installation and commission charges are quoted, taxes applicable on such
charges have to be clearly mentioned by the tenderer.

2.6 The Purchaser shall not be responsible for any misclassification of HSN Number or incorrect
GST rate, if quoted by the bidder. Any increase in GST rate due to misclassification of HSN
number shall have to be absorbed by the supplier. Wherever the successful bidder invoices
the goods at GST rate or HSN Number which is different from

25
 that incorporated in the purchase order; payment shall be made as per GST rate which is
lower of the GST rate incorporated in the purchase order or billed. Vendors will be
required to adjust basic price to the extent required by higher tax billed as per invoice to
match the all-inclusive price as mentioned in the purchase order.

2.7 Any amendment in GST rate shall be governed by the contractual conditions under
Statutory Variation Clause (SVC). However, increase in GST rate amendments shall be
considered for quoted HSN only, against documentary evidence, provided such increase
of GST rates takes place after the date of tender opening. The benefit of reduction in
GST rate shall have to be passed on to buyer MCF/RBL.

2.8 While quoting the rates, the tenderer shall pass on, by way of reduction in prices, the full
input tax credit that may become available in respect of all the inputs used in the supply
of final goods/or services due to implementation of GST with effect from 01.07.2017 and
submit a declaration in their offer of the same.

2.9 Tenderers while quoting for tenders would also give the following declaration:

“I/We agree to pass on such additional input tax credit as may become available in
future under GST scheme, in respect of all the inputs used in the manufacturing and/or
supply of the final goods and service on the date of supply by way of reduction in price
and advise the purchaser accordingly.”

2.10 In case the successful tenderer is not liable to be registered under CGST/IGST/UTGST/
SGST Act, the MCF Raebareli shall deduct the applicable GST from his/their bills under
Reverse Charge Mechanism (RCM) and deposit the same to the concerned tax
authority.
2.11 If any tenderer is opting for ‘Composite Levy Scheme’ of GST Act, SVC shall not be
applicable to such firms in case of opting out of the Composition Levy Scheme in future.

2.12 While making the supply, the firm shall comply with the following:

Submit the invoice/bill clearly indicating the appropriate HSN and applicable GST rate
thereon duly supported with documentary evidence.
Give a declaration that any additional Input Tax Credit benefit, if become available to
supplier, the same has been passed on to Purchaser.
2.13 The suppliers must submit the bills as per the prescribed format along with the GST
certificates provided in the MCF website
www.mcf.indianrailways.gov.in>Departments>Accounts> Downloads>MCF bill format
(GST).

2.14 “in case the

(RCM) and deposit the same to the concerned tax authority”
3.0 Statutory Variations:
3.1 Statutory variation will be considered during the original delivery period and against
documentary evidence only. However increase in taxes or duties on account of
misclassification or misapprehension of law shall not be allowed. Tenderers are thus
advised to include Statutory Variations Clause correctly and explicitly in their offers.

26
4.0 Advance Acceptance/Counter offer, Delivery Period & Liquidated Damage (LD) on
delayed Supply:

4.1 The time and the date specified in the contract for the delivery of the stores shall be the
essence of the contract and the delivery must be completed not later than the date so
specified.
4.1.1 The delivery period in Store Procurement cases shall be reckoned from the date of
issue of Advance PO/Letter of Advance Acceptance/Letter of Acceptance.
4.2 However, extension of delivery period may be considered in deserving cases where
genuine reasons exist. Such extensions of delivery period may be considered with
liquidated damages as per IRS Conditions of Contract and denial clause. Accordingly,
Recovery of Liquidated Damage (LD) shall be levied @ 1/2% (half percent) of the price
of the delayed store per week or part of the week during which delivery is accepted and
the upper limit for recovery of LD in supply contracts is 10% (ten percent) of the value of
contract irrespective of delays, unless otherwise provided, specifically in the contract.

4.3 In the cases where supply is made in the extended period of D.P. (with or without LD),
Price Variation (PV) as applicable on the terminal date of the original D.P shall be
payable unless price has decreased after the terminal date of the original delivery
period, in which case, the decreased rate will be applicable.

4.4 Railway reserves the right to cancel contract, after expiry of delivery period, by imposing
GD@ 10% of outstanding value of contract (in terms of RB letter No. 88/RS(G)/779/14
Dated 06/01/17).

5.0 Terms of Delivery:

Material should be delivered by road transport or personal courier service, direct to the
consignee on freight prepaid and door delivery basis.

6.0 Risk in Transit and Insurance:

6.1 The Purchaser will not pay separately for transit insurance and the supplier shall be
responsible till the entire stores contracted to arrive in good condition at destination.
Where the tenderer intends to insure the goods, the insurance charges should be clearly
indicated under Other Charges in the Financial Rate Page under Financial Bid Details of
the e-tender form.

6.2 The consignee will advise the supplier 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
supplier to lodge the necessary claim on the carrier and/or insurer and pursue the same.
The supplier shall, however, at his own cost replace/rectify the goods lost/damaged
immediately, to the entire satisfaction of the consignee, without waiting for the settlement
of the claim. In case, supplier fails to give replacement against lost/damaged goods
within 45 days from the date of intimation, the Purchaser may arrange procurement at
the risk and cost of supplier.

6.3 Notwithstanding any packing condition stipulated in the tender documents or in the

27
 tendered drawings/specifications, it shall be the responsibility of the Contractor to
appropriately pack the stores so that they are received by the consignee at destination
without any loss, destruction, damage or deterioration due to any cause whatsoever.

6.4 Special condition for items procured in sets where each set consists of multiple
items/assemblies/sub assemblies:
6.4.1 The supplier will submit the packing list for each consignment truck-wise and paste/print/
paint labels on individual items mentioning the item description and reference as
mentioned in packing list to facilitate ease of receipt and accountal at depot.

6.4.2 To facilitate ease of identification and acknowledgement of receipt, supplier should

submit photo-album (hard copy as well as soft copy) of all the items constituting a set
indicating the name of individual part. This photo-album may be submitted only once
which will help depot officials in identifying the items on receipt thereof.

6.4.3 Wherever feasible, supplier will pack items set-wise to facilitate receipt and accountal of
materials. As far as possible, packing should be done in such a way that it will facilitate
easy stacking and vertical space utilization.

6.4.4 Supplier should also indemnify the depot officer for correctness of supply of items in sets
as per packing list as per the format given below:

FORMAT OF INDEMNITY FOR CORRECT SUPPLY

(to be submitted on firm’s letter head only)

I, the authorizedsignatory ofM/s. ……………………………..
having received Purchase Order No………………………….. Dated
………….. for supply of ………………………………………………….
Quantity………………. Nos/sets valued at Rs……………. (Rupees …………………..only)
hereby indemnify Dy.Chief Materials Manager/………..; Modern Coach factory, Raebareli
acting through & on behalf of the President of India that in the event of that supplied
stores are found not as per the packing list provided and quantities of parts in set is not as
per tendered drawing and/or specification due to any reason whatsoever, will make good
the shortfall within a reasonable period.

I, also indemnify the consignee against the loss which may accrue to the said shortage.
…………………………..

(Signature with Name and Designation)

Station:
Date:
Company Seal

7.0 Weighment clause:

In case of stores ordered on weight basis, the net weight recorded at the consignee’s
premises or the net weight indicated in the supplier’s invoice whichever is less shall be

28
 considered for accountal and payment.

8.0 Unloading:
Unloading will be done by consignee unless otherwise specified in the Special Conditions
of Tender or elsewhere in the contract.

9.0 Evaluation of the Offers:

Unless otherwise specified, evaluation of offers will be done as under:

9.1 To facilitate evaluation and comparison, all inclusive rate will be worked out by system comprising
of the basic rate, packing /forwarding charges, insurance and other charges, if any, freight
charges upto destination and the applicable taxes. All inclusive cost comprising of the basic rate,
packing charges, forwarding charges, insurance (if any), freight charges up to destination, any
other charges as quoted and applicable taxes shall be reckoned for inter-se ranking of offers.

9.2 As stipulated under clause 1.2, General Condition of the tender of the Purchaser shall
evaluate the offers based on the GST rate as quoted by each bidder and same will be
used for determining the inter se ranking.

9.3 In case the offers are received with price variation clauses with different base dates/base
prices, all-inclusive rates shall be calculated for all tenderers corresponding to a
common base date/base price which shall correspond to the tender opening date, unless
otherwise specified in tender document in respect of the various inputs indicated in the
price variation clause quoted, so that the tenders are not vitiated on account of variations
in the prices of various inputs due to different base dates/prices.

9.4 Conditional discounts, such as, discounts for quantity, early payment, delivery at other
than specified location, etc., will not be considered for the purpose of determining inter-
se ranking of the offers. That is, the rates quoted without any attached conditions shall
only be considered for the evaluation purpose. Purchaser however, reserves the right to
use any of discounted rate(s) appropriate for acceptance or to counter offer to the
successful tenderer(s).

9.5 Unless otherwise specified in the tender documents, in case of tender for multiple items,
multiple consignees, the inter-se position of the bidders shall be decided item
wise/consignee wise and not on the basis of total value of tender as a whole.

9.6 All offers will be arranged in the ascending order of the all-inclusive rate.

9.7 In case, tenderer quotes for delivery of entire tendered quantity to one consignee against
Railway’s requirements of delivery to multiple consignees, such offer shall be considered
valid only for quantity required as per tender schedule by the consignee to whom
delivery is offered by the tenderer and it shall be considered that there is no offer for
remaining consignees.

9.8 In case of Machinery and Plant (M&P) items, the Net Present Value (NPV) of Annual
Maintenance Charges (AMC) for various years will also be added to arrive at all inclusive
FOR destination rate as per clause 24.4 (iii) of Special Conditions for

29
 Machinery and Plant (M&P) Items. The rate of discounting for the NPV calculation shall
be pre-disclosed in the tender documents uploaded on the IREPS website.

10.0 Consideration of Offers:

10.1 The Purchaser is not bound to accept the lowest or any offer nor to assign any reason for
doing so and reserve to himself the right to accept any offer in respect of the whole or any
portion of the item specified in the tender and contractor shall be required to supply at the
rate quoted. In case of items of critical nature, the Purchaser reserves the right to order the
entire or bulk quantity on sources with proven past performance, or the sources who comply
with the eligibility criteria specified separately in the tender documents, if any, and whose
offers are found technically suitable and otherwise acceptable.

10.2 The Purchaser reserves the right to cancel the tender for full or part quantity tendered without
assigning any reason. The rates quoted by the tenderers for the full quantity would be taken
as valid for acceptance of part quantity.

10.3 Offers of only manufacturers or their authorized dealers/distributors/agents with the tender
specific authorization from the manufacturers will be considered as brought out in para 9.2.2
‘Instructions to the tenderers’. Offers of authorized dealers/distributors/ agents without tender
specific authorization are liable to be ignored.

10.4 Developmental order may be given upto 20% of the Net Procurable Quantity (NPQ) on
unregistered/untried firms about whom the Purchaser is prima facie satisfied that they are
capable of executing the order, depending upon the credentials and/or experience with MCF,
provided that their offers are technically suitable and competitive and they have
submitted/uploaded adequate evidence to establish their capacity-cum-capability, past
performance etc., subject to verification of the capability claimed/exhibited in the tender, if
considered necessary by the Purchaser.

10.4.1 However, there may be some cases of procurement of materials where MCF/RBL may not be
willing to undertake the risk of the failure on the part of the supplier on whom the
developmental orders have been placed. In such cases, MCF/RBL may go in for increased
purchase quantity and keeping in view of budgetary and other aspects, so that 100 percent
order is placed on registered/approved suppliers and quantity not more than 20% of NPQ
can be ordered against developmental orders outside the NPQ.
(Authority as per Railway Boards policy letter No 99/RS(G)/709/1 Pt dated 13.1.2015)

10.5 In case proven suppliers of Railway/Production Unit do not respond in the tender or the
performance of such suppliers not satisfactory or exorbitant rates are quoted by them or
cartel formation is suspected, then offers of the untried/new firms or the MCF past
suppliers for similar items may be considered for regular order for bulk or entire quantity
or part quantity where prima-facie the purchaser feels and is satisfied about their
capability to supply tendered items based on the information submitted by the tenderers
along with the offer. Otherwise, MCF reserves the right to re-invite the tender depending
upon the merit of the case.

10.6 MCF/RBL reserves the right to procure stores with preferential treatment as per the
following Public Procurement Policies of Government of India as brought out in ‘Section-
I, Instructions to Tenderers’ as amended from time to time:
i. Public procurement policy for goods produced and services rendered by Micro and

30
 Small Enterprises as brought under para 13.4 of ‘Section-I, Instructions to Tenderers’.
ii. Preference to Domestically manufactured electronic products as brought under para
15.5 of ‘Section-I, Instructions to Tenderers’.
iii. Public procurement policy for preference to Make in India as brought under para
16.1.6 read with 16.1.1 (iii) of ‘Section-I, Instructions to Tenderers’.

10.7 Offers not conforming to the tender requirements and not complying to tender conditions,
may be rejected outright without further reference.

10.8 If necessary, the purchaser may seek 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. However, tenderers will not be permitted to change the
substance of their offers after the offers/e-Bids have been opened.

10.9 The tender opening date will be the reference date for assessing the performance of a
firm in a tender and any improvement in performance by a firm after tender opening shall
not be factored in purchase decision.

10.10 Ordering on approved sources:

10.10.1 Wherever necessary, as per procurement policy of the Government, Purchaser

reserves the right to order either the entire or bulk quantity from firms for such items
which are reserved for procurement of entire/bulk requirements from approved sources
who have been approved by RDSO, Production Units (PUs), CORE, etc. as Approved
vendors to manufacture and supply the tendered item. The tenderers are required to
upload copies of such approval letters along with their offers. The approval status of the
tenderer will be reckoned as on the date of opening of the e-tender and not thereafter.
However, in case of downgrading/removal/suspension/banning after opening of e-
tender, such changes shall be taken into account while considering the offers.

10.10.2 Minimum 80% of the net procurement quantity shall be ordered on approved vendors.

10.10.3 Wherever sources have been approved by nominated agency, the placement of
developmental orders can be considered in the following circumstances –

i) where the approved sources are not adequate or for developing indigenous
sources for imported items or for new product development.
ii) where the rate received from new sources are lower than those applicable to
approved sources and where new sources are having potential for supply of
quality material and are having infrastructure of plant and machinery and testing
equipment.
iii) whose offers are technically suitable.
iv) who meet the pre-defined eligibility/qualifying Criteria and technical capability
specified in the tender document. The credentials of having met the pre-defined
criteria shall be based on the details uploaded by the tenderer like past
performance, infrastructure details such as machinery and plant, testing facilities,
Quality Assurance Plan, technical manpower, etc, in absence of which the
tenderer may not be considered for placement of any order.

10.10.4 However, development order may be given upto 20% of net procurement quantity on

31
 unregistered/untried firms about whom Railway is prima facie satisfied that they are
capable of executing the order as brought out in para 10.4 above.
10.10.4.1 Ordering on RDSO approved Vendors
Where there are not more than three Indian Suppliers categorized as Approved Vendor
for a particular item, developmental vendors can be considered for placement of bulk
order without any quantity restrictions. However, while considering such vendors, factors
including past performance, capacity, delivery requirements, quantity under
procurement, nature of item, outstanding order load etc. shall be considered in a
transparent manner, subject to rates being reasonable. Quantity allocation among
eligible vendors shall be based on pre decided tender criteria. Such orders shall be
treated as bulk orders.

Indian supplier shall be as defined in Para 10(e) of Public Procurement (Preference to

Make in India) Order,2017, which is as follows:

A supplier or bidder shall be considered to be from India if (i) the entity is incorporated in
India, or iii) more than 50% of the value of the item being supplied has been added in
India.”

10.10.5 When conducting negotiation, the firm(s) will be informed about the parameter(s) of the
original offer on which revision(s) of original offer is/are solicited and his signature taken
in token thereof. In the negotiated offer, any variation by the firm(s) on such aspect(s) of
offer on which revision was not solicited during negotiation, will render the negotiated
offer unfit for consideration ( As per Railway Boards letter No 99/RS(G)/779/2
dated.13.8.2015)

10.11 Cartel Formation:

10.11.1 Wherever all or most of the approved firms quote equal rates and cartel formation is
suspected, Railway reserves the right to place order on one or more firms with exclusion
of the rest without assigning any reasons thereof.

10.11.2 Firms are expected to quote for quantity not less than 50% of tendered quantity. Offers
for a quantity less than 50% of tendered quantity will be considered unresponsive and
liable to be rejected.

10.11.3 Wherever cartel formation is suspected, Purchaser reserves the right to place orders on
any firm/firms for any quantity without assigning any reason thereof.

10.11.4 The firms who quote in cartel are warned that their names may be deleted from list of
approved sources.

10.11.5 Whenever tender is floated with purchase restriction from sources approved by
nominated authorities and there exists a suspected cartel situation by approved sources
or the rates available from approved source/ sources are adjudged unreasonably high,
despite fair efforts as permissible, the purchaser reserves the right to place orders on
firms outside the approved vendors list, even beyond prescribed limits, if any.
(Authoirty -2001/RS(G)/779/7/Pt-I dated 29-6.2017)

32
 11.0 Splitting Criteria:

11.1 In case of no prior decision to split the order:

11.1.1 Normally full order would be placed on L-1 firm. However, if after due processing, it is
discovered that the quantity to be ordered is more than what L1 alone is capable of
supplying and there is no prior decision to split the quantities, then the quantity being
finally ordered will be distributed among the other bidders in a manner that will be fair,
transparent and equitable. The manner of splitting will take specific note of the following
parameters:

(i) Past performance of bidders

(ii) Capacity of bidders
(iii) Delivery requirements in the tender
(iv) Quantity under procurement
(v) Vital/safety nature of the items

11.1.2 In the absence of any differentiation on the above parameters, the manner of splitting will
be based on the stipulation given in para 11.2.2 below.

11.2 In case of pre-decided split ordering:

11.2.1 Purchaser will specify in the special conditions to have more than one source of supply on
account of delivery requirement in tender, past performance and capability of bidders,
quantity under procurement and vital/safety nature of items.

11.2.2 Following provisions shall be applicable in all such cases of pre-decided split ordering:-

(A) The Purchaser reserves the right to distribute the procurable quantity on one or
more than one of the eligible tenderers. Zone of consideration of such eligible
tenderers will be the right of the Purchaser. The zone of consideration will be a
dynamic mix of inter-se position of firms, supply performance of the firms, quantity
being procured, criticality of and lead time of supply of the item, number of
established suppliers, their capacity, etc.

(B) Whenever such splitting of the 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, outstanding order load for the Railway making the
procurement, quoted delivery schedule vis-à-vis the delivery schedule incorporated
in the tender enquiry, etc. being same/similar) in the manner detailed in the table
below:

Price differential between L1 and L2 Quantity distribution ratio between L1 and

L2
Upto 3% 60:40

33
 More than 3% and upto 5% 65:35
More than 5% At least 65% on the L1 tenderer.

For the quantity to be ordered on the L2

tenderer, Purchaser shall decide.

In the phrase ‘differential rates quoted by the tenderers’, the quoted rate would mean-
(i) When no price negotiation has been called for, the original rates as obtained
at the time of tender opening.

(ii) When price negotiation has been called for, the reference L1 rate for
assessment of ratio will be the original rate of L1 firm (suitable for bulk
quantity), as obtained at the time of tender opening.

(C) If splitting of quantity is required to be done by ordering on tenderers higher than the
L2 tenderer, then the quantity distribution proportion amongst the tenderers will be
decided by transparent/logical/equity based extrapolation of the model as indicated
in the above para.

11.2.3 Under exceptional circumstances, Purchaser reserves the right not to split the ordered
quantity even in cases of where pre-decided splitting criteria is specified in the tender
document.

11.2.4 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 that would
ensure timely supply of material in requisite quantity to meet the needs of operation,
maintenance, safety etc. of the Railways, regardless of inter-se ranking of the tenderers
and in a fair and transparent manner with due conformity to the Principles of Natural
Justice and Equity.

11.3 For cases where the Rlys/PUs had entered into ToT/JV agreements, Railway reserves
the right to place orders on all such ToT/JV agreement partners. However, for
ratio/proportion of quantity distribution among such agreement partners, conditions as
detailed in para 11.2.2 (B) shall apply.

12.0 Communication of Acceptance:

Acceptance of tender will be communicated by digitally signed email, FAX or formal

acceptance of tender direct to the tenderer or through his authorised agents. In case
where acceptance is indicated by email or FAX, the formal acceptance of tender will be
forwarded to the contractor as soon as possible, but the communication of email or FAX
shall be deemed to conclude the contract.

13.0 Security Deposit:

13.1 There shall be no exemption from submission of Security Deposit (SD) for any

34
 tender or by any tenderer except the following:

a) The Store contract cases of value upto Rs. 25 (twenty five) lakh.
b) Other Railways and Government Departments in terms of Railway Board's letter No. 2004/
RS(G)/779/11 dated 24.07.2007
c) Indian Ordnance Factories in terms of Railway Board's letter No. 92/RS S(G)/363/1 dated
08.04.1993

d) PSUs owned by Ministry of Railways and PSUs for the group of items that are
manufactured by them in terms of Railway Board's letter No. 20031RS(G)779/5 dated
10.09.2004.
(e) In tenders issued against PAC, OEM in whose favour PAC has been issued shall be
exempted from submitting SD, KVIC and ACASH shall be exempted from SD for
items supplied by them.
(f) Vendors registered with Railways for the trade group of the item tendered shall be
exempted from SD for orders valued upto their monetory limit of registration.
(g) Vendors appearing of the approved vendor lists of RDSO/PUs/CORE, subject to
approval status being valid on the date of tender closing.
(h) Venodrs registered with Railways for supply of medicine, medical equipments and
consumables shall be exempted from submission of SD for these items.
Note:

Apart from claiming damages from vendors, in case of failure to comply with the
contractual obligations, Railways shall record poor performance of the vendors for taking
suitable penal action as per extant instructions.
13.2
Contract value SD (rounded off to nearest higher Rs. 10 (ten))
Above Rs. 25 lakh and Upto Rs. @5% of contract value subject to Max. Rs. 50
50 Cr. lakh.
Above Rs. 50 Cr. Rs. 1 Cr.

Railways are permitted to raise the upper ceiling of SD, upto 10% of contract value in
high value cases.

13.3 Security Deposit (SD) shall remain valid for a period of 60 days, beyond the date of
completion of all contractual obligations.
13.4 Time for deposit of SD:
(i) SD from successful tenderer should be received in purchase office within 21 days from
the date of communication of acceptance with respect to the purchaser.
(ii) Authority competent to condene delay in submission of SD shall be SAG for cases upto
acceptance power of SAG. PHOD/CHOD shall have full power for such condonation.
Condonation shall be on cases to case basis.

13.5 In the event of successful tender(s) failing to deposit/submit SD in acceptable form within
the prescribed period as aforesaid, the EMD submitted by such successful tenderer(s)
shall be automatically adjusted towards SD in view of the fact that in most

35
 of the cases, EMD amount would be adequate to meet the SD amount. In case where
available EMD amount is less than required SD and the successful tenderer does not
deposit the balance SD amount within stipulated time, then EMD shall be forfeited and
case be dealt with as that of withdrawal of offer by the tenderer as per extant
instructions.

13.6 (i) All vendors, exempted from submitting EMD, as per Para 6.1 of Section-I above,
irrespective of type of tender, i.e. Single, limited of open, shall be required to sign a bid
securing declaration as per Annexure-VI to this instruction. It hsall be incorporated in the
tender conditions.
(ii) There shall be no exemption to such bidders from submitting EMD and SD for all
tenders publishing during the period of time they are so disqualified as per the declaration
signed by them.
(iii) Authority competent to approve the disqualification shall be the tender accepting
authority not below the level of SAG including SAG officers in the field units namely CMM,
ADRM, CWM, CAO, CPM, subject to PHOD/CHOD having full powers to approve
disqualification.’
(iv) The disqualification procedure and all correspondence thereof shall be online and
digital. Updation on IREPS shall be done by minimum JAG level officer dealing with
vendor registration in the the Railway.
(v) This para shall not be applicable for Govt. Departments/ ordnance factories/ other
Railways/ Railway PUs/KVIC/ACASH and matter shall be taken up with them
departmentally/ administratively.
Whenever SD has been exempted, for any reason, and the supplier fails to supply goods
as per conditions of contract, as amended from time to time, Purchaser shall have right
to levy damages from the supplier for failing to comply with the contractual conditions,
not by way of penaly, and amount equal to SD amount, as would have been applicable if
the contract was with a non-exempted vendor. These damages shall be treated as
recoveries outstanding against the vendor and dealt with accordingly.
13.7 Risk Purchase clause shall not be applicable.

13.8 Security Deposit (SD) shall be furnished in any one of the following forms:

i) By depositing cash with the Chief Cashier, Modern Coach factory,Raebareli, Chennai.
ii) Fixed Deposit Receipts (FDR), Pay Orders, and Demand Drafts, in favour of Principal
Financial Advisor/MCF. The FDR must be issued with auto renewal facility.
iii) Guarantee Bonds issued by Nationalised or Scheduled Commercial Banks as per
format at Annexure-III.

iv) Bonds of Indian Railway Finance Corporation or KRCL Bonds. (In case of Bonds
issued under non-cumulative interest scheme, post dated interest warrants should be
submitted along with the bonds and the interest warrants could be given back as and
when the interest becomes due).

v) Government Securities and

vi) A deposit in the Post Office Saving Bank

13.9 Bank Guarantees (BGs) to be submitted by tenderer shall be sent to this office directly

36
 by the issuing bank under Registered Post AD/Speed Post/Courier. In exceptional
cases, where the BGs are received through the tenderers, the issuing bank shall be
requested to immediately send by Registered Post AD/Speed Post/Courier an
unstamped duplicate copy of the Bank Guarantee directly to this office with a covering
letter to compare with the original BG and to confirm that it is in order.

13.10 No claim shall lie against the Purchaser in respect of interest on cash deposits or
Government Securities or depreciation thereof.

13.11 Security deposit will be returned to the successful supplier after completion of all
contractual obligations and submission of following Proforma:

No Claim Certificate

PO/Contract No. ………………………………………………………………….. Date ……………………………………………….

For supply of …………………………………………………………………………….(Brief description of material)

Quantity ………………………………………….

The above contract has been completed and I/We have no claim on Modern Coach Factory,
Raebareli in respect of the said contract. The security deposit amount of Rs. …………….......……….
(Rupees

………………………………………………………………...............…..) lodged by us with Modern Coach

Factory, Raebareli, -may therefore please be refunded to me/us.

Place:

Date:

Signature and full address of the Contractor

13.12 The Purchaser shall be entitled and it shall be lawful on his part to forfeit the said
security deposit in whole or in part in the event of any default, failure or neglect on the
part of the Contractor in the fulfilment or performance in all respects of the contract
under reference or any other contract with the Purchaser or any part thereof to the
satisfaction of the Purchaser and the Purchaser shall also be entitled to deduct from the
said deposits any loss or damage which the Purchaser may suffer or be put by reason of
or due to any act or other default, recoverable by the Purchaser from the Contractor in
respect of the contract under reference or any other contract and in either of the events
aforesaid to call upon the contractor to maintain the security deposit at its original limit by
making further deposits, provided further that the Purchaser shall be entitled to recover
any such claim from any sum then due or which at any time thereafter may become due
to the Contractor under this or any other contracts with the Purchaser.

14.0 Inspection:

37
14.1 The inspection will be conducted by the agency nominated by the Purchaser, such as,
M/s RITES/RDSO/DQA or the representative of the MCF or any other agency as
specified in the contract at the manufacturer’s premises and/or on receipt of the stores at
the destination. The tenderer’s acceptance of the same will be implied unless his offer
stipulates inspection clause to the contrary. The tenderers shall indicate the place of
manufacture and inspection in their offers.

14.2 In case the purchase order is placed on the traders/agents for items which are peculiar
to the railways, the Purchaser reserves the right to carry out the inspection at the
manufacturer’s premises. Authorised dealers/agents of manufacturers should indicate
the details of manufacturer in their quotation and confirm inspection of stores at the
manufacturer’s premises.

14.3 Stores shall be despatched directly from the premises of the manufacturer to the
consignee after inspection and acceptance by the nominated inspection agency, if any.
Manufacturer’s Test and Guarantee Certificate, wherever applicable, will be submitted
with each lot of supplies.
14.4 The inspection agency will not inspect the material where the material does not have the
date of manufacture and name of manufacturer on material. All manufactured stores
must carry identification mark of the manufacturer and month/year of manufacture in
embossed form at the location specified in drawing/specification. In case this is not
mentioned in drawing or specification, the location should not be subject to wear and
should not affect the functionality, utility, operation and structural stability of the item.
Inspecting agency and consignee will be entitled to reject the supplies not conforming to
this clause.

14.5 Wherever the inspecting authority is specified in the tender documents, tenderers are
requested to quote accordingly. At a later date any request for change in inspection
clause will not be considered, except in exceptional circumstances to be decided by the
Purchaser.

14.6 Material peculiar to railways, such as, parts and fittings of rolling stock except raw
materials, which have been found rejected by the inspecting agency and could not be
rectified during inspection, are required to be defaced by the inspection authority to
avoid recycling of such rejected material. All such rejected materials peculiar to railways
will be mechanically defaced to prevent sale to railways again.

14.7 In case material needs to be re-inspected the following re-inspection charges or as

modified by RITES from time to times will be paid by the supplier to the inspecting
agency:

i) Failure to offer material for inspection:

a. Before the visit of Inspecting Engineer (IE): 50% of inspection charges upto
maximum of Rs. 11000/-.

38
 b. After the visit of IE: Twice the charge payable in ‘a’ above.

ii) Material has to be re-inspected due to rejection of material at firm’s premises:

100% inspection charges + actual test charge

iii) Material has to be re-inspected due to non-despatch: 100% inspection charges +

actual test charge
iv) Whenever testing is required to be done by the inspecting agency (eg. RITES)
outside the manufacturer’s premises as per IRS Conditions of Contract 1303 &
1304, all testing will be done by inspecting agency either in its own lab/labs
approved by it or in NABL accredited lab.
(Authority RITES letter No 11/RITES/QA/AZ dated 16.10.2017.)

14.8 If purchase order is placed directly on an ISI licenced manufacturer for ISI marked
product, then the material can be accepted on firm’s WTC, without any need of third
party inspection provided that the Purchaser agrees for inspection clause as
‘Acceptance on firm’s WTC.

14.9 Rejection of pre-inspected item by consignee on receipt-

(i) In case of rejection of pre-inspected goods at consignee end, the material rejection
advice/rejection memo will be sent by consignee to all concerned i.e., firm, purchaser,
pre-inspecting agency, paying authority as per the contract etc.

(ii) Financial recovery: In case payment has been made to the firm for the material, the
concerned paying authority as per contract will be advised to note the rejection advice
details in its recovery register for effecting recovery of payments made, as the case
may be.

(iii) If the firm desires to have joint inspection, joint inspection of the rejected material will
be held with pre-inspecting agency and the firm. In case of failure of either of the two
parties to associate with the joint inspection, the joint inspection will be held by the
consignee with whichever of the two parties comes for joint inspection. Irrespective of
whether the party(ies) attend the joint inspection or not, the modality of joint inspection
etc. shall be completed within 21 days of communication of rejected advice to the
supplier (in line with IRS Conditions of Contract clause 703). For imported material, the
time limit will be 45 days.

(iv) Firm may be permitted to collect the rejected goods only after the firm has deposited
the payments already made by Railway (if any) to the firm or equivalent amount has
been recovered for this purpose.

(v) In case of replacement supply against the rejected goods, the same will need to be pre-
inspected by the same pre-inspecting agency who passed the material earlier. In line
with IRS Conditions of Contract clause 703, no inspection charge will be paid by
Railway to the inspection agency for the replacement supply.

(vi) However, in case of component level rejection in an pre-inspected item (which is an

assembly) the replacement supply of that component can be accepted based on firm’s
internal inspection certificate/guarantee certificate and final inspection by consignee.

39
(vii) Tenderers are informed about Ministry of Steel’s order No. S.O. 1149 (E) dtd
17.03.2016 also called as Steel and Steel Products (Quality Control) (Amendment)
Order, 2017 as follows:

In exercise of the powers conferred by section 14 of Bureau of Indian Standard Act,

1986
“(1) No person shall by himself or through any person on his behalf manufacture or store
for sale, sell or distribute any steel and steel products specified in column (3) covered
under the relevant Indian Standard specified in column (2) of the schedule with effect
from such dates as specified in column (6) thereof, which do not conform to the
specified standard and do not bear standard mark of the Bureau of Indian Standards,
on obtaining certification marks licence”
The details of mandatory certification are available on Bureau of Indian Standard (BIS)
website www.bis.org.in under the link “Product Certification” => “Mandatory Certification”

14.9.1 At the option of the depot officer/end-user, rectification of the material may be permitted
within railway premises by the firm only after the firm has refunded the payment (if
already made by Railway) or equivalent amount has been withheld for this purpose.
However, from the date of communication of rejection, the rectification activity has to be
completed within 21/45 days for indigenous/imported material respectively. If more time
is taken beyond this, applicable ground rent will be levied on the firm.

14.10 In case of rejection of items, railways reserves the right to recover any such amount
due to railways from the supplier, on account of inspections conducted on the items,
from any pending bills or supplier’s deposits available with MCF or with any other zonal
railways/PUs/units under Ministry of Railways. The inspection charges levied by
railways shall be final and no claim of the supplier will be entertained on any grounds
whatsoever.

15.0 Advice of despatch of stores:

15.1 The supplier should ensure that Lorry Receipt under which the material is sent to the
Railway consignee are prepared in the favour of “consignee” and on door delivery basis
only” failing which they will be required to take the delivery themselves and deliver the
consignment to the consignee.

15.2 All despatch documents i.e. Lorry Receipt (LR), Invoice cum challan, Inspection
certificate etc. must be sent to the consignee and copies of advice of despatch should
also be sent to the Principal Chief Materials Manager, Modern Coach Factory, Raebareli
– 229 120.

16.0 Payment Terms:

16.1 Unless otherwise agreed upon, 100% payment shall be made after receipt and
acceptance of stores by the consignee. Payment will be made on submission of bills in
the prescribed format, which may be downloaded from MCF’s website, accompanied
with the required documents and in accordance with the instructions given in the
purchase order.

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16.2 In deserving cases, payment upto 95% against Provisional Physical Receipt Certificate
(PPRC) duly signed/counter signed by a Gazetted Officer physically or digitally, and
original copy of the Inspection Certificate may be considered as per IRS Conditions of
Contract. In such cases, balance payment will be made after receipt and acceptance of
stores by the consignee. The purchaser’s decision as to whether a tenderer is of repute
and of sound financial standing will be the final.

16.2.1 In exceptional cases, 98% and 2% payment can also be considered within the framework
of extant rules and procedures.

16.3 Payment through EFT/RTGS:

Payments are made by MCF electronically through NEFT/RTGS only, and therefore,
tenderers must comply with para 4.8 of the ‘Instructions to the Tenderers.Request for
making early payment will not be accepted

16.4 Payment terms for Machinery & Plant (M&P) items shall be as provided in the Special
Conditions for procurement of M&P items specified separately under subsequent para.

16.5 The payment shall be subject to recoveries, if any, under the liquidated damages clause
of the IRS Conditions of Contract or deduction of any amounts for which the Contractor
may be liable under the contract against this tender or any other contract in respect of
which the President of India is the Purchaser.

16.6 Payment for the stores or each consignment thereof will be made to the Contractor on
submission of bill accompanied with the prescribed documents mentioned in the
contract. In cases where Price Variation Clause (PVC) is part of the contract, a working
sheet along with documents in support of the PVC must be submitted at the time of
claiming payment.

16.7 Ministry of Railways has decided that henceforth, all Tenders invited by Zonal Railways
and Production Units, both for Supplies/ Works (including all service and maintenance
contracts), having estimated value of Rs 10 lakhs and above, shall include in tender
conditions, an option for the supplier/contractor to take payment from Railways through a
letter of credit (LC) arrangement. This would be subject to the following:

(i) The bidder, at the time of bidding itself, shall exercise an option in writing, in favour of
taking payment due against the said tender, through LC arrangement.

(ii) The option so exercised, shall be an integral part of the bidder’s offer. Option once
exercised shall be final and no change shall be permitted, thereafter, during the course of
execution of contract.

(iii) The incidental cost towards issue of LC and operation thereof (LC operating charges,
including bank charges for opening of LC) shall be borne by the supplier/contractor.

(iv) The above arrangement should be made a part of the Tender conditions and Contract
conditions.

41
(v) The LC will be a sight LC.

16.8 The Banker for Railways for the ensuing one year, for opening domestic letters of credit
shall be State Bank of India through its branches. The arrangement would cover all such
contracts finalized against tender issued in the said year and shall extend till final
execution of these contracts.

16.9 The schedule of payment liability arising in the contract shall be established by the
Railways based on the prescribed delivery schedule/stages of supply/work, in
consultation with supplier/contractor. The Railway’s Banker should also be involved in
the process to assess value of LC and terms and conditions of LC.

16.10 The LC condition of Railways shall inter-alia provide that Railways will issue a Document
of Authorization (format enclosed as Ann 1) on claims preferred by supplier/contractor,
for completed Work/Supply to enable them to claim the authorized amount from their
Banker. The Document of Authorization will be issued against each Bill submitted for
payment by supplier/contractor, after exercising laid down checks as per Railways’
Codes and Manuals, in executive and accounts branches. The Accounts Officer
responsible for passing the claim will issue the Document of Authorization. Issue of
Document of Authorization will be captured in IPAS and IREPS to ensure that there is no
duplicate payment against the said Bill and also to enable the supplier/contractor to view
status of the claim. The Letter of credit signed between the bank and Railway should
specifically mention that any excess/wrong payment made by the bank and later
detected by the Railways, will be recovered from the bank.

16.11 The Railways will ensure that Document of Authorization is generated well within the time
prescribed. Non issue of Document of Authorization must be communicated, with
reasons thereof, to concerned supplier / contractor electronically.

16.12 The supplier/contractor will present the Document of Authorization to his/her Banker for
necessary payments as per LC terms and condition. After release of payment to the
supplier, the banker of the supplier/Contractor will send this Document to the Railways’
Banker for release of payment to them (supplier’s Banker). The Railway’s Banker will
reimburse, claim made by Banker of supplier/contractor, against original Document of
Authorization after verifying signatures of authorized signatory of Railways and Bill of
Exchange issued by contractor/supplier.

16.13 The LC charges paid by the Railways for opening and operation of LC shall be charged
to the relevant expenditure head:

Misc Advance (LC charges paid to bank) Dr.

Misc. Adv GST (IGST/CGST/ SGST) Dr.
Cheques & Bills Cr.

The amount of GST paid shall be available for set off against output liability.

16.14 On issue of Document of Authorization, following accounting entries shall be made:-

Relevant Expenditure head Dr.

Misc. Adv. Cr.
(Clearance of LC charges paid to bank from LC operating charges collected from party
GST on incidental charges shall he paid by the party on reverse charge basis)

Sundry Other Earnings Cr.

(Amount recovered over and above LC charges paid to Bank)

42
 Demands Payable/ Misc Advance Cap* Cr.
(As the case may be- as per letter authorization - *Demands Payable for Revenue and
Misc Advance Cap for capital transaction)

An invoice shall he issued against party for collecting the incidental charges at the time of
issue of Document of Authorization.

16.15 The reimbursement procedure in case of accredited banks selected as Railways’ banker
will be directly debiting the amount to the government account through scrolls. In case of
non-accredited banks, the Accounts Officer concerned while authorizing a non-
accredited bank to open LC will send copy of their letter to RBI/ Public Accounts
Department / Mumbai and after verification/checks regarding authorization, RBI/ PAD will
forward the papers to RBI/ CAS/ Nagpur with appropriate instructions for debiting Govt.
account and make reimbursement to the paying bank on demand. After making the
payment, the non-accredited bank authorized to open LC will send documents and also
Accounts Officer’s letter in original to RBI/CAS /Nagpur for debiting Govt account and
getting reimbursement. After making payment to the party, the paying bank will also send
a copy of the scrolls/documents to the PAO who issued the authorization for opening of
LC. A copy of the scroll will also be send to Local Point Branch of the bank for settlement
and reporting as per extant system in vogue. The scroll should contain LCDA no. on
scroll to facilitate reconciliation. Daily MIS thereof shall also be sent to CRIS.

16.16 On receipt of debit scrolls /documents, the Accounts Office will conduct necessary
checks and debit Demands Payable /Misc. Advance (Cap) by credit to suspense head
8660-PSB Suspense. This suspense will be cleared by the Accounts Officer on receipt of
the clearance memo from CAS/Nagpur.

16.17 The Railways will get confirmation from their Banker once the payment is released to
supplier's/contractor's Banker. Acknowledgment will be placed in Purchase
Order/Contract file and Contractors ledger and works Register/ Purchase Suspense
Ledger will be updated accordingly.

16.18 Following declarations will be required from the firm (supplier) while claiming
payment:

a “It is certified that the GST % at which has been charged for the item billed for
herein is as per relevant sections of CGST/SGST/IGST Acts and is legally
leviable. If, however, it is found later that the rate at which the GST tariff rate has
been charged is not correct, we indemnify the Modern Coach factory, Raebareli
against any loss on this account.”

b. “It is certified that no refund of GST already reimbursed to me/us on the

order/contract has been obtained by me/us during the quarter. And that in
respect of refund/increase of refund of GST obtained on this order/contract will
be passed on to the purchaser.”

c. No additional duty setoffs on the goods supplied have accrued under the GST
Act or any future scheme which may be introduced while submitting the present
bill.

d. Any additional Input Tax Credit benefit, if become available to supplier, the same
shall be passed on to purchaser without any undue delay.

OR

43
 It is declared that additional input tax credit to the tune of .......and accordingly
the same is being passed onto the purchaser and to that effect the payable
amount may be adjusted.
16.19 Instructions to tenderers on LC mode of Payments

Scheme of Letter of Credit for Domestic Supplies (including all service and maintenance
contracts) tenders, having estimated value of Rs. 10 lakhs and above:

a. All Tenders invited by Zonal Railways and Production Units, having estimated
value of Rs. 10 lakhs and above, shall have an option for ther supplier/ contractor
to take payment from Railways through a letter of credit (LC) arrangement.
b. The LC will be a sight LC.
c. The bidder, at the time of bidding itself, shall exercise an option, in favour of
taking payment due against the said tender, through LC arrangement. The option
so exercised, shall be an integral part of the bidder’s offer.
d. Option once exercised shall be final and no change shall be permitted, thereafter,
during execution of contract.
e. The incidental cost @ 0.15% of LC value, towards issue of LC and operation
thereof shall be borne by the supplier/ contractor and shall be recovered from
their bills.
f. State Bank of India through its branches shall be the Banker for Railways for
opening domestic letters of credit for ensuing year. The arrangement would cover
all such contracts finalized against tender issued during the said period and shall
extend till final execution of these contracts.
g. The schedule of payment liability arising in the contract shall be established by
the Railways based on the prescribed delivery schedule/ stages of supply.
h. The acceptable, agreed upon document for payment to be released under the LC
so opened, shall be a Document of Authorization.
i. The supplier/ contractor shall submit their bills for completed supply to the bill
processing authority mentioned in supply/ contract agreement to issue Document
of Authorisation to enable supplier/ contractor to claim the authorized amount
from their Banker.
j. Accounts Officer responsible for passing the claim will issue the Document of
Authorization.
k. The supplier/ contractor shall take print out of the Document of Authorization
available on IREPS portal and present his claim to his banker (advising bank) for
necessary payments as per LC terms and condition. The claim shall comprise LC
Document of Authorisation, Bill of Exchange and Invoice.
l. The bank shall also recover any amount as may be advised by Railway against
the contractor/ supplier.
m. The contractor/ Vendor shall indemnify and save harmless the Railway from and
against all losses, claim and demands of every nature and description brought or
recovered against the Railways by reason of any act or omission of the
Contractor/ Vendor, his agents or employees, in relation to the Letter of Credit
(LC). All sums payable/ borne by Railways on this account shall be considered as
reasonable compensation and paid by Contractor/ Vendor.

17.0 Option Clause:

17.1 Purchaser reserves the right to increase/decrease the ordered quantities of each
description of stores shown in the contract up to 30 percent at the same price, terms and
conditions anytime during the currency of the contract i.e., any time within the stipulated
or extended delivery period, such that the contractor has reasonable time/notice for
executing such increase/decrease.

44
17.2 The increase in quantity with respect to the tender quantity can be done even at the time
of ordering and the tenderer shall be bound to accept the quantity so ordered on the
basis of his original offer. The purchaser shall be entitled to exercise plus 30 percent
option in one or more than one installment as long as the total variation in quantity does
not exceed the limit of 30 percent of ordered quantity. Any increase of quantity under
option clause after expiry of delivery period can be considered with the consent of the
firm/contractor.
17.3 ‘Reasonable notice’ mentioned above is only for the purpose of allowing the Contractor
suitable time to make necessary arrangements for the supplies and not for seeking any
consent from the Contractor towards exercise of the contractual option clause. A
reasonable delivery schedule for the enhanced quantity will be stipulated in the relevant
amendment to the contract.
17.4 The purpose of reasonable notice for exercise of (-) 30% Option Clause consequent to
decrease in prices subsequent to the placement of contract is to give a reasonable
opportunity to the Contractor to unconditionally agree to accept such lower rates for the
quantity unsupplied on the date of reduction/decrease of prices or the (-) 30% quantity,
whichever is less. Where the Contractor does not unconditionally agree to accept such
lower rate, no further consent from the Contractor shall be necessary for exercise of (-)
30% option clause.

45
18.0 Warranty:
18.1 Unless otherwise specified in the tender documents, the warranty clause shall be as
specified in the IRS Conditions of Contract.

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

18.3 Warranty rejections:

Material are rejected in warranty in the following situations:

(a) The material rejected was issued to the user (shop/shed, etc.) from its associate
stores depot.

(b) The material rejected was received by the user from a PU or from a stores depot
which is not the associate stores depot of the user.

18.3.1 For warranty failure in shop/shed of material issued from its associate stores depot: All
warranty claims will be lodged by the associate depot officer after getting the warranty
rejected material from user with reasons of warranty rejection indicated therein. The
warranty claim will be processed following procedure indicated in para 14.9 (i), (ii), (iii)
and (iv) above except that ‘rejection advice’ will become ‘warranty rejection advice’. The
time which can be taken for the completion of modality of joint inspection will be 45 days
in case of warranty rejection from the date of communication of rejection advice to the
supplier. More time is given for joint inspection because this is a case wherein supplies
have already been taken into the usage system of Railways and either the pre-inspection
agency or the firm or the railways may like to have a more detailed understanding of the
failure.

18.3.2 For Warranty failure in shop/shed of material received from a Production Unit (PU) of the
railway, including as a purchased component of rolling stock manufactured at the PU,
etc.:

(i) In cases where it may not be convenient for the end user to return the material to
the stores depot to which the original supply was made by the vendor, the warranty
rejected material will be kept in safe custody by the end user and the stores depot
which received the original supply will be advised by the end user about the
warranty rejection duly indicating the reason(s) of rejection with a confirmation that
the rejected material is under end user’s custody.

(ii) The stores depot which received the original supply will raise warranty claim on the
firm. The warranty claim will be processed following procedure indicated in para
14.9 (i), (ii), (iii) and (iv) above except that ‘rejection advice’ will become ‘warranty
rejection advice’ and the time which can be taken for the completion of modality of
joint inspection in case of warranty rejection will be 45 days from the date of
communication of rejection advice to the supplier. More time is being given for joint
inspection because this is a case wherein supplies have already been taken into the
usage system of Railways and either the pre-inspection agency or the firm or the
railways may like to have a more detailed understanding of the failure. For imported
material, the time limit will be 90 days. Financial recovery (if any made) against the
warranty failure will be refunded to the firm on warranty quantity replacement.

46
18.3.3 Inspection of the replacement supply against warranty rejection:

(A) For cases of replacement supply against warranty failure falling in the category
18.3.1, the replacement supply should normally be inspected by the same
inspection agency which inspected and passed original supply. Thus for clause
18.3.1, any change in inspecting authority for the warranty replacement will
necessitate a formal amendment in contract.

(B) For warranty rejection falling under the clause 18.3.2:

(i) The replacement supply can be inspected by the same inspecting agency
which inspected and passed the original supply. Payment of inspection charges
will be borne by supplier.
OR
The replacement supply can be inspected by authorized representative of
consignee.
OR
The replacement supply can be made by firms own internal inspection
certificate.

(ii) The decision on the above will rest with the depot officer who raised the
warranty claim and will be indicated in the warranty claim notice.

(C) However, in case the warranty failure is of a component of an assembly supplied,

the component can be accepted on firm’s own Guarantee Certificate/internal
inspection certificate and consignee’s final inspection under both the clauses 18.3.1
and 18.3.2 of warranty failure.

18.3.4 Place of warranty replacement- For warranty replacement of cases under clause 18.3.1,
in order to ensure correct accountal of warranty replacement, the place of warranty
replacement will be the depot which received the original supply. For warranty
replacement of failure falling under clause 18.3.2, an exemption can be made and the
place of replacement supply can be indicated by the depot officer (at his option) in the
warranty claim notice to the firm to be the end-user’s place.

18.3.5 After settlement of warranty claim the rejected material will be handed over by the end
user to the firm’s representative. The end user will also inform the depot officer who
raised warranty claim about the replacement.

18.3.6 At the option of the depot officer/end-user, rectification of the material rejected may be
permitted within railway premises by the firm only after the firm has refunded the
payment (if already made by Railway) or equivalent amount has been withheld for this
purpose. However, from the date of communication of rejection, the rectification activity
has to be completed within 45/90 days for indigenous/imported material respectively. If
more time is taken beyond this, applicable ground rent will be levied on the firm.

19.0 Procurement of Stores with ISI marking:

In case items which are to be purchased to IS specification and where ISI certified
manufacturers exist, the purchase of such items will be made for ISI marked product
only if their offers are technically suitable and licence acceptable. In the case of
placement of purchase order directly on an ISI licensed manufacturer for ISI marked

47
 product, the material can be accepted on firm’s WTC, without any third party inspection.
In such cases, the tenderers shall submit copy of valid ISI/BIS licence along with the
offers, failing which their offers are liable to be passed over.
(Authority: Railway Boards letter No 99/RS(G)/709/4 dated 5.11.2015)

20.0 Purchase according to Samples:

20.1 When samples are required, this fact shall be indicated in the tender documents.
Samples must strictly conform to the tendered specification, drawing and description.
Any sample submitted will be considered as supplement and not to supersede the
tendered specification unless otherwise specifically indicated. In the absence of a
specified acceptance in writing of any variation, the Purchaser shall be entitled to reject
a claim for acceptance of supply embodying such variation.

20.2 Samples where called for, should be sent duly sealed to the Stores Department of MCF
before the date and time of opening of tender failing which offer shall be summarily
rejected. Samples should be supplied without any charge and on freight paid basis.

20.3 The tenderers are required to collect their samples within 15 days from the date of
intimation to do so. If the samples are not collected within the specified period, they will
be disposed off and no claims whatsoever will be entertained thereafter.

21.0 Time for making Risk Purchase:

Time for making Risk Purchase for the tendered item shall be 9 months from the
date of breach of the contract.

22.0 Force Majeure Clause:

22.1 If at any time during the continuance of the contract, the performance in whole or in part
by either party of any obligation under this contract shall be prevented or delayed by the
reasons beyond the control of the supplier, such as, but not restricted to, reasons of any
war, hostility, acts of the public enemy, civil commotion, sabotage, fires, floods,
explosion, epidemics, quarantine restrictions, strikes, lockouts and freight embargoes
(hereinafter referred to as such acts) provided notice in writing of happening of any such
event is given by either party to the other within 21 days from the date of occurrence with
reasonable evidence thereof, neither party shall by reasons of such event, be entitled to
terminate this contract nor shall either party have any claim for damages against the
other in respect of such non-performance or the delay in performance, and deliveries
under the contract shall be resumed as soon as practicable after such event has come
to an end or ceased to exist, and the decision of the Purchaser as to whether the
deliveries have been so resumed or not, shall be final and conclusive.

Provided further that if the performance in whole or part of any obligation under this
contract is prevented or delayed by reason of any such act or event for a period

48
 exceeding 60 days, either party may at its option terminate the contract provided also
that the Purchaser shall be at liberty to take over from the Contractor at a price to be
fixed by Purchaser, which shall be final, all unused, undamaged and accepted material,
bought out components and stores in course of manufacture in the possession of the
Contractor at the time of such termination or such portion thereof as the Purchaser may
deem fit excepting such materials, bought out components and stores as the contractor
may with the concurrence of the Purchaser elect to retain.

22.2 Force Majeure Clause will not be used by any party to effectively escape liability for bad
performance and Contractor shall seek all reasonable alternative means for
performance not prevented by Force Majeure events.

22.3 There may be a Force Majeure situation affecting the Purchaser’s Organization and in
such a situation, Force Majeure Clause shall be available and applicable to the
Purchaser also and Purchaser shall be entitled to cancel the contract without any
financial repercussion on either side.

23.0 Fall Clause: In case special condition specifically exist in the tender document that Fall
Clause is applicable, then following provisions will apply for that particular tender only:

i) The price charged for the stores supplied under the contract by the contractor
shall in no event exceed the lowest price at which the contractor sells the stores
or offer to sell stores of identical description to any persons/organizations
including the purchaser or any Department of Central Government or any
Railway Office or any Railway undertaking, as the case may be, during currency
of the contract. Such lower price will be applicable to supplies made after the
date of coming into force of such reduction or sale or offer to sell at a reduced
rate.

ii) If at any time during the said period the contractor reduces the sale price, sells or
offers to sell such stores to any persons, organizations including the purchaser
or any Department of Central Government or any Railway Office or any Railway
Undertaking as the case may be at a price lower than the price chargeable under
the contract, they shall forthwith notify such reduction or sale or offer of sale to
the Purchaser and the price payable under the contract for the stores supplied
after the date of coming into force of such reduction or sale or offer of sale, shall
stand correspondingly reduced.

iii) The Contractor shall furnish the following certificate to the concerned
Accounts Officer along with each bill for payment of supplies made against
the contract.

“I/We certify that there has been no reduction in sale price of the stores of
description identical to the stores supplied to the Government under the contract
herein and such stores have not been offered / sold by me/us to any person/
organization including the purchaser or any Department of Central Government
or any Railway Office or any Railway Undertaking as the case may be, up to the
date of bill, at a price lower than the price charged to the Government under the
contract.”

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24.0 Special Tender Conditions pertaining to procurement of Machinery and Plant
(M&P) Items:

24.1 Elements of freight for indigenous purchase:

(a) In case where the consignees are more (say more than 4 or so), the tenderers
are required to quote for FOR station of despatch prices with an average freight
for all consignees, which will be added to FOR station for despatch price to get
FOR destination price.

(b) In case where the consignees are four or less, tenderers are required to quote
FOR station of despatch price with an actual freight for each individual
consignee, which will be added for FOR station for despatch price to get FOR
destination prices for each individual consignee.

24.2 Timely Commissioning of M&P:

i) The supplier has to conduct joint inspection along with the consignee’s
representative at the time of opening the cases after receipt of the cases at
consignee’s site.
ii) The installation, commissioning & demonstration will have to be done by the
supplier immediately after the joint inspection at the consignee’s site.

iii) In the event of Contractors’ failure to have M&P commissioned by the time or
times respectively specified in the letter of acceptance or contract, purchaser
may withhold, deduct or recover from the contractor as penalty, a sum @ 2%
(two percent) of the price of M&P which the Contractor has failed to commission
as aforesaid for each and every month (part of a month being treated as a full
month) during which the M&P may not have been commissioned, subject to an
upper limit of 10% (ten percent) of contract value.

24.3 Warranty:

i) Warranty period for M&P items will be 24 (twenty-four) months from the date of
commissioning and proving out of M&P. A maximum period of 2 (two) weeks will
be allowed for attending and rectification of faults during the warranty period.

ii) Maximum down time during the warranty period will be 2% (two percent) for on
line M&P and 10% (ten percent) for off line M&P calculated on quarterly basis.

iii) A penalty of 0.5% (zero point five percent) per week of the contract value will be
levied for delay in response time for attending and rectification of faults beyond
specified time during the warranty period as detailed above.

50
 iv) Maximum penalty to be levied on account of warranty failures will be 5% (five
percent) of the contract value calculated during whole of warrantee period and
after that if there is any delay on the part of supplier, Purchaser shall be entitled
for encashment of warrantee/guaranty Bonds. Such cases the bad performance
of firm during the warranty period will be recorded and circulated to all Railways
for deciding future orders on the firm and when evidence to the contrary is not
available, the firm’s offer may even be rejected.

24.4 Annual Maintenance Contract:

i) Tenderers are required to quote for post warranty Annual Maintenance Contract
(AMC) for a period of five years after expiry of the warranty period of the M&P
along with their offers. The scope of AMC will include preventive and break
down maintenance. AMC charges will include all costs of personnel, spares
etc., except the cost of consumables required for day-to-day operation and daily
maintenance checks.

ii) The maximum downtime and maximum response time as also penalties for
failure to adhere to the same will be as specified in the tender documents. AMC
payment terms would be linked to the performance parameters.

iii) The tenderers should quote AMC rates for each of the five years. The AMC price
for each year will be firm. The AMC charges shall be separately payble in Indian
Rupees only. The AMC charges would be added to the FOR destination price
quoted for M&P for the purpose of comparative evaluation of offer, if so specified
in the tender documents. In order to equitably compare different AMC charges
for different years. The concept of NPV (Net Present Value) will be used at a
predetermined rate of discounting to bring the AMC charges at the same footing
in the assessment of FOR destination price. The rate of discounting and the NPV
calculation shall be pre-disclosed in the tender document /Tender Schedule.

iv) The post-AMC maintenance of machines will be dealt with by the end users. In
order to facilitate the same, tenderers are required to give the current cost of
spares required for maintenance of machine after AMC period and the current
service charges for each items of work of repair of M&P beyond the AMC period.
These charges will not be included in the price of M&P for the purpose of
comparative evaluation of offers

v) Tenderers who are OEM must give undertaking for supply of spare parts for a
period of expected life of the machine/equipment. Other tenderers must submit
undertaking from OEM for supply of spare parts for a period of expected life of
the machine/equipment.

vi) The actual contract agreement will show the AMC charges as a separate
Schedule/Annexure to distinguish it from the transaction value of M&P, to avoid
undue custom duty/taxes, or levies.

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24.5 Validity:

The tenderers must keep the offer for M&P items valid for a minimum period of 120
calendar days from the date of opening of tender.

24.6 Payment Terms for M&P items:

The standard payment terms subject to recoveries if any, under the liquidated
damages clause and general condition of contract will be as under:

a) 80% of the payment on proof of inspection certificate and Provisional Physical

Receipt Certificate to be made within 30 days of receipt of documents as
specified.

b) Balance 20% payment within 90 days after satisfactory installation/

commissioning and proving test of M&P subject to submission of Bank
Guarantee/Warranty Guaranty Bond for an amount of 10% of contract value as
per Annexure–III towards warranty performance/warranty security.

24.7 Training:

The Contractor during commissioning of the equipment will also train the Railway staff in
operation and maintenance of equipment supplied.

24.8 Maintenance manual, consumables and spare parts:

i) Contractor is required to supply 2 copies of operation and maintenance manual to

enable the railway staff in operation and maintenance to be conversant with the
machine.
ii) Consumables that may be required during the warranty period and are not covered
in the warranty, same needs to be listed out including the quantity required along
with the price.

24.9 Site preparations and installation:

i) The successful tenderer whose offer is accepted and on whom purchase order is
placed, will promptly provide all the requisite details relating to the site
preparations, including the lay out drawings and details of the
foundations/superstructure/shed/roof as may be required, but not later than 6
weeks unless otherwise specified, to avoid delay in site preparation and installation
and commissioning.

ii) If the circumstances so warrant, the supplier will be permitted to work in more than
one shift for commissioning the machine, provided a request is made by the
contractor. This may be permitted if the same leads to reduction of commissioning
time.

52
24.10 Performance/Warranty Bank Guarantee:

For Machinery and Plant items, costly equipment, and capital spares, the Security
deposit submitted by the supplier for 10% value of the contract value can be used to
cover their warranty obligations, if same is valid for warranty period plus six (6) months
claim period.

25.0 e-Reverse auction:

Beside various mode of tendering such as e-Limited tender, e-advertised tender, e-global
tender, purchaser reserves the right to purchase the material through reverse auction
module of IREPS. For all the e-RA Tenders above Rs. 5 Crore, Two packet Single Stage
System of tendering will be followed.

25.1 Decision of tenders through Reverse Auction

25.2 Selection criteria for tender cases of Stores proposed through Reverse Auction (e-RA ) :-

The Reverse Auction shall be the preferred method for procurement of Stores Tenders
valued more than Rs. 5 Cr. The process of Reverse Auction shall be followed where at
least three approved vendors (bulk procurement is to be from vendors approved by
RDSO/ CORE/PUs etc.) or at least three proven/ likely competitive sources exist, prima
facie competent for execution of bulk ordering.

Financial Bids in single currency/ parameter only shall be allowed.

25.3 Procedure for award of contracts through Reverse Auction:-

Each tender for Reverse Auction shall clearly specify essential technical and commercial
parameters in a transparent manner. No deviation to such essential Technical and
Commercial conditions shall be permitted to vendors in the electronic bid form.

25.4 Technical Bid and Initial Price offer :-

a. Procuring authority shall decide the bid evaluation criteria in the tender itself, whether the
evaluation shall be item wise, consignee wise or overall tender value wise.

b. Bidder shall be simultaneously required to electronically submit a Technical & Commercial

Bid and Initial Price Offer.

Offers found eligible for bulk order shall be categorized as qualified for bulk order for the
purpose of RA and offers found eligible for Developmental Order shall be categorized as
Qualified for Development Order for the purpose of RA.

c. Offers not complying with essential technical & commercial requirements of the tender
shall be declared as ineligible for award of contract.

d) Initial Price offer of only those bidders categorized as qualified for Developmental Order

53
 or Qualified for Bulk Order, shall be opened and tabulated by system separately,
category wise.

25.5 Financial bid :

Financial Bid shall comprise of Final Price Offer obtained through Reverse Auction.
Following conditions and procedure shall be followed in selection of bidders for conduct of
Reverse Auction.

Selection of vendors for Reverse Auction for award of bulk ordering in Stores Tenders:

Number of tenderers Number of tenderers to Remarks

qualified for Award of be selected for Reverse
contract / Bulk Order Auction

<3 Nil * Thebids disallowedfrom

participating in the Reverse
Auction shall be the highest
bidder(s) in the tabulation of initial
3 to 6 3
price offer. In case the highest
More than 6 50% of Vendors qualified bidders quoted the same rate,
for bulk order/ award of the initial price offer received last
contract (rounded off to as per time log of IREPS shall be
next higher integer) removed first on the principle of
last in first out, by IREPS system
itself.

Note :-

i. If the number of tenders qualified for bulk order/Award of Contract is less than 3, RA shall
not be done and tender will be decided on the basis of initial price offer(s).
Offers Qualified for Development Order, with initial price offer lower than the highest initial
price offer of a vendor Qualified for Bulk Order and selected for Reverse Auction after
elimination, shall be allowed to participate in RA.

MSE Criteria: All MSEs (Micro & Small Enterprises) found Qualified for Bulk Development
Orders/Award of Contract but could not be selected for Reverse Auction as per criteria
stipulated above, but are within the range of 15% of lowest Initial Price Offer of the bidder
qualified for bulk order shall be permitted to participate in the Reverse Auction,
irrespective of their inter-se ranking on the basis of Initial Price Offer. Such MSEs shall be
over and above the number of vendors selected for Reverse Auction as per criteria
stipulated above. In case of Stores tenders, lowest initial price bid shall mean lowest initial
price bid of vendor qualified for bulk order. However, in case all the bidders qualifying for
bulk as well as for developmental order (before applying elimination criteria) are within
MSE category this clause shall not apply.

54
 Make in India criteria: All bidders eligible for benefits under Public Procurement
(Preference to Make in India) Order - 2017, found qualified for Bulk/Developmental Order/
Award of Contract and are within the specified range of price preference, under the Make
in India Policy, of lowest Initial Price offer of the vendor qualified for bulk order shall be
permitted to participate in the Reverse Auction, irrespective of their inter-se ranking on the
basis of Initial Price offer. Such bidders shall be over and above the number of vendors
selected for Reverse Auction as per criteria stipulated above. However, if all the bids
qualified for bulk order as well as for developmental order (before applying elimination
criteria) also qualify under “Make in India Order, 2017" criteria, this clause shall not apply.

25.6 Reverse Auction among bidders categorised as Qualified for Developmental Order and
Qualified for Bulk Order shall be conducted concurrently on IREPS/Suitable Platform in
Stores tenders. Qualified Bidders shall be able to see both the auction screens i.e. auction
screen of Reverse Auction amongst bidders qualified for bulk order and auction screen of
Reverse Auction amongst bidders qualified for developmental order. However, bidders
shall only be permitted to bid on the respective screens relevant to them as per their
qualification. Purchaser shall not be permitted to see any of the auction screens.
Purchaser should only be intimated on website about the status of Reverse Auction, i.e.
when the auction will start' had started, whether the auction is live or whether the auction
has closed.

25.7 Quantity to be covered on developmental orders shall be limited to 20% of the net
procurable quantity. The quantity covered on developmental orders may be within or
outside NPQ.

25.8 After obtaining the final price offers through Reverse Auction, the lowest bid of only those
bidders who had participated in the Reverse Auction shall be tabulated and considered
for ordering. The offers of bidders which were eliminated from Reverse Auction as per
criteria stipulated above shall be tabulated separately and shall not be considered for
any ordering. All the relevant policies of Government of India at the relevant time shall be
applicable.

26.0 Guidelines for classification of steel plants/producers:

As per Railways Boards letter No 87/RS(G)/753/2 dated 29.11.2017 Guide lines for
classification of steel plants/producers be shall be applicable.

***************

55
 SECTION – III
ANNEXURE – I

ELECTRONIC FUND TRANSFER (EFT) MANDATE

I/We____________________________________________________
am/are expressing my/our consent for getting my/our payment directly credited to
my/our Bank Accounts/s towards supply of Stores to Modern Coach Factory, Raebareli-
229 120

Company’s Seal & Signature of

Authorized Signatory

-------------------------------
------------------------------------
Date-------------------------------

Name of the Company/ Supplier

Vendor/ Supplier’s Code

Postal Address
Name of the Bank & Branch
Address (with Telephone No.)
09 Digits MICR Code of the Bank
IFSC (IFS Code) of Bank
Account No. (15 Digits only)

Type of Account Income

Tax PAN No. Please
attach following: 1. Copy of Cancelled cheque leaf.
2. Copy of PAN Card.
Signature of Tenderer’s Authorized Signatory &
Date
The above Account No. has been verified and details furnished above are found
correct.

Bank Seal & Signature

-----------------------------

56
 ANNEXURE –II

Form - 1

Format for Affidavit of Self Certification regarding Domestic Value Addition in an Electronic
Product to be provided on Rs.100/- Stamp paper.

Date: _________________

I, __________________________________ S/o., D/o., W/o______________________________,

Resident of ______________________________ do hereby solemnly affirm and declare as under:

That I will agree to abide by the terms and conditions of the policy of Government of India issued
vide Notification No. 8(78)/2010-IPHW, dt: 10.02.2012.

That the information furnished hereinafter is correct to the best of my knowledge and belief and I
undertake to produce relevant records before the procuring authority or any authority so nominated
by the Department of Electronics and Information Technology, Government of India for the purpose
of assessing the domestic value-addition.

That the domestic value addition for all inputs which constitute the said electronic product has been
verified by me and I am responsible for the correctness of the claims made therein.

That in the event of the domestic value addition of the product mentioned herein is found to be
incorrect and not meeting the prescribed value addition norms, based on the assessment of an
authority so nominated by the Department of Electronics and Information Technology, Govt. of
India for the purpose of assessing the domestic value addition. I will be disqualified from any
Government tender for a period of 36 months. In addition, I will bear all costs of such an
assessment.

That I have complied with all conditions referred to in the Notification No., wherein preference to
domestically manufactured electronic products in Government procurement is provided and the
procuring authority is hereby authorize to forfeit and adjust my EMD and other security amount
towards such assessment cost and I undertake to pay the balance, if any, forthwith.

I agree to maintain the following information in the Company’s record for a period of 8 years and
shall make this available for verification to any statutory authorities. Further I am submitting the
following details -

i. Name and details of the Domestic Manufacturer (Registered office, Manufacturing

unit, location, nature of legal entity).

57
 ii. Date on which this certificate is issued.

iii. Electronic Product for which the certificate is produced.

iv. Procuring agency to whom the certificate is furnished.

v. Percentage of domestic value addition claimed.

vi. Name and contact details of the unit of the manufacturer.

vii. Sale Price of the product.

viii. Ex-Factory Price of the product.

ix. Freight, Insurance and handling.

x. Total Bill of Material.

xi. List and total cost value of inputs used for manufacture of the electronic product.

xii. List and total cost of inputs which are domestically sourced. Please attach
certificates from suppliers, if the input is not in-house.

xiii. List of cost of inputs which are imported, directly or indirectly.

For and on behalf of _________________________________ (Name of firm/entity)

Authorized signatory (To be duly authorized by the Board of Directors)

<Insert Name, Designation and Contact No.>

58
 ANNEXURE-III

MODEL FORM OF BANK GUARANTEE BOND

GUARANTEE BOND FOR (Mention purpose of BG)

In consideration of the President of India (hereinafter called “the Government”) having agreed to
exempt ------------------------ (hereinafter called “the said Contractor(s)”) from the demand under the terms and
conditions of Letter of Acceptance/ Agreement No. -------------------------- dated ---------------
made between --------- and ----------------- for -------------- (hereinafter called “the said Letter of
Acceptance/ Agreement"), of security deposit for due fulfilment by the said Contractor (s) of the
terms and conditions contained in the said Letter of Acceptance/ Agreement on production of a
bank Guarantee for Rs ------------------- (Rupees ----------------------------------------------------- only)

1. We -------------------- (Indicate the name of the bank)-------------- (hereinafter referred to as "The

Bank") at the request of -----------------------------------------contractor(s) do hereby undertake to
pay to the Government an amount not exceeding Rs. ------------------------- against any loss or
damage caused to or suffered or would be caused to or suffered by the Government by
reason of any breach by the said contractor(s) of any of the terms or conditions contained in
the said Letter of Acceptance/ Agreement.

2. We ----------(Indicate the name of the bank)-------------------------------- do here by undertake to pay

the amounts due and payable under this Guarantee without any demur, merely on a demand
from the Government stating that the amount claimed is due by way of loss or damages caused
to or would be caused to or suffered by the Government by reason of any breach by the said
Contractor(s) of any of the terms or conditions contained in the said Letter of Acceptance/
Agreement or by reason of the Contractor(s) failure to perform the said Letter of Acceptance/
Agreement. Any such demand made on the Bank shall be conclusive as regards the amount due
and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall
be restricted to an amount not exceeding Rs. -------------- --------------------.

3. We undertake to pay to the Government any money so demanded notwithstanding any dispute
or disputes raised by the Contractor(s)/Supplier(s) 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 there under and the Contractor(s)/ Supplier(s) shall have no claim against us for
making such payment.

4. We ____(Indicate the name of the bank)_____further agree that the Guarantee herein contained shall
remain in full force and effect during the period that would be taken for the performance of the said Letter
of Acceptance/ Agreement and that it shall continue to be enforceable till all the dues of the

Government under or by virtue of the said Letter of Acceptance/ Agreement have been fully
paid and its claims satisfied or discharged or till ------------------------------------------ (Office/Department) Ministry
of ------------------------------------- certifies that the terms and conditions of the said Letter of Acceptance/

59
 discharges the Guarantee. Unless a demand or claim under this guarantee is made on us in
writing on or before the --------------------------- we shall be discharged from all liability under this
Guarantee thereafter.

5. We ---(Indicate the name of the bank)----- further agree with the Government that the
Government shall have the fullest liberty without our consent and without affecting in any
manner our obligations hereunder to vary any of the terms and conditions of the said Letter of
Acceptance/ Agreement or to extend time of performance by the said Contractor(s) from time
to time or to postpone for any time or from time to time any of the powers exercisable by the
Government against the said Contractor(s) and to forbear or enforce any of the terms and
conditions relating to the said Letter of Acceptance/ Agreement and we shall not be relieved
from our liability by reason of any such variation, or extension being granted to the said
Contractor(s) or for any forbearance, act or omission on the part of the Government or any
indulgence by the Government to the said Contractor(s) or by any such matter or thing
whatsoever which under the law relating to sureties would, but for this provision, have effect
of so relieving us.

6. This Guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s)/ Supplier(s).

7. We --(Indicate the name of bank)---lastly undertake not to revoke this Guarantee during its
currency except with the previous consent of the Government in writing.

Dated the -------------------- day of -------- 20---

For ----(Indicate the name of Bank)---------

xxxxxx

60
 Annexure -IV

PROFORMA FOR PERFORMANCE STATEMENT

(FOR A PERIOD OF LAST 3 YEARS)

Tender No…………………………………. Date of opening……………………

Name of the firm…………………………………………………………………..

No. Order placed Order Description Unit Remarks Have the

by (full No. & of Stores Price, Date of completion indication Stores been
address of Date ED, ST of delivery reasons satisfactorily
Purchaser) & FOR for late supplied and
terms delivery, any adverse
As per Actual if any comments from
Contract Purchaser/User

Signature and Seal of tenderer (s)

61
 Annexure-V

PROFORMA FOR EQUIPMENT AND QUALITY CONTROL

Tender No………………………................... Date of opening…………….....

Name of the firm………………………………………………………………….

Note:-All details required only for the items tendered

1. Name & Full address of the firm.

2. Telephone & Fax No. Office/Factory/Works.

3. E mail address.

4. Location of the manufacturing factory.

5. Details of Industrial Licence, 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. Details & Stock of raw material held.

9. Production Capacity of item(s) quoted for, with the existing plant &
Machinery.

9.1 Normal

9.2 Maximum

10. Details of arrangement for quality control of products such as laboratory

testing equipments etc.

11. Details of Staff

11.1 Details of technical supervisory staff-in-charge of production &

quality control

11.2 Skilled labour employed

62
 11.3 Unskilled labour employed

11.4 Maximum No. of workers (skilled and 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 Directorate General of Supplies & Disposals,
New Delhi. If so, furnish full particulars of registration, period of currency
etc.

14. Are you a Small Scale Unit, registered with National Small Industries
Corporation Ltd., New Delhi. If so, furnish full particulars of registration,
currency period etc.

Signature and Seal of tenderer (s)

63
 Annexure-VI

PROFORMA FOR AUTHORITY FROM MANUFACTURERS

No………………………………………… Dated………………….

To
The President of India,
Acting through the Pr. Chief Materials Manager,
Modern Coach Factory,
Raebareli (U.P.)-229 120

Dear Sir,

Subject: PCMM/MCF/Raebareli’s Tender No………………………………...

We…………………………………… an established and reputed

manufacturer of …………………………, having factories at ……………… do
hereby authorize M/s ……………………………………………………… (Name
and address of Agents) to represent us, to bid, negotiate and conclude the contract
on our behalf with you and against Tender No……………………

No company/firm or individual other than M/s ………………………

are authorized to represent us in regard to this business against this specific
tender.

Yours Faithfully

(Name)
For & on behalf of M/s……………………..
(Name of Manufacturers)

Note:-This letter of authority should be on the Letter Head of the manufacturing

concern and should be signed by a person competent and having the power of
attorney to bind the manufacturer.

64
 Annexure-VII

Bid securing declaration to signed by bidders availing exemption from

submission of EMD
----------------------------------------------------------------------------------------------------------------
“I/we certify that my/ our offer is eligible for exemption from submission of bid
security/ Earnest Money Deposit, in terms of the tender conditions.

In case my/our claim to exemption from submission of bid security/ Earnest Money Deposit
is not found valid as per terms of the tender. I/we understand and accept that Railways has
unquestionable right to summarily reject my bid and my offer shall not be considered for
ordering. Further, I/we hereby understand and accept that if I/we withdraw or modify my/our
bids during the period of validity, or if I/we are awarded the contract and on being called
upon to submit the performance security/ Security Deposit, fail to submit the performance
security/ Security Deposit before the deadline defined in the request for bid document/
Notice Inviting Tender, I/we shall be debarred from exemption of submitting Bid Security/
Earnest Money Deposit and performance security/ Security Deposit for a period of 6 (six)
months, from the date I/we are declared disqualified from exemption from submission of
EMD/SD, for all tenders for procurement of goods issued by any unit of Indian Railways
published during this period.”

---------------------------
Signature of Bidder

65