dlw varanasi

SPECIAL CONDITONS OF SCHEDULE OF REQUIREMENT

1.The closing time of tender box will be 15.00 hrs and will be opened at 15.30. 2.The offer should be valid for a minimum period of 150 (One Hundred Fifty only) Days from the date of opening. If offer is not kept valid for above period, it may be considered as unresponsive and such offer is liable to be ignored. 3. New sources found technically suitable in the range of consideration as per their ranking may be considered for small quantity developmental order. Quantity maximum up to 15% NPQ can be considered for placement of developmental order subject to their complying with tender qualifying criteria. 4. Evaluation Criteria : In all such cases where more than one item is tendered, inter- se ranking of the offers shall be decided item wise. 5. Indian Agent of firm may submit their offer in Indian Rupees alonwith Authorization from OEM. 6. DLW approved vendor list is applicable. DLW reserves the right to cover bulk quantity on DLW approved source as per para 26 of section-1 i.e. instruction to tenderers in Bid Documents effective from Dec2011. The status of the firm shall be reckoned as on the date of tender opening and not thereafter unless there is case of down -grading /removal/suspension/banning. 7.The bidders who are not on approved list for the tendered item and wish to develop the item are advised to get themselves registered with the respective approving authority RDSO/DLW, the copy of application for registration with RDSO/DLW should be enclosed along with their offers. For this purpose (Registration/approval system), details are available on the website of RDSO/DLW.

8.The indigenous tenderers (including new tenderers) are advised to indicate the indigenization achieved so far and further target of achieving 100% indigenization. For this purpose, they must give percentage of import content utilized in manufacturing of the items and the time frame when 100% indigenization will be achieved, giving detail of import content in future (year wise).9. With a view to avoid hold up in production due to non availability of certain

material, it may sometimes be necessary in emergent cases to accept the material which is not strictly according to drawing/specification mentioned in the purchase order, with minor repair/rectifications done in DLW. In such situation, DLW reserves the right to accept such material by carrying out minor repairs etc, as needed, if the estimated repair cost per unit is upto 10% of the unit value as given in purchase order, without taking suppliers consent. The actual cost of repair shall be recovered from the supplier.

10.If discrepant documents are received and discrepant/discrepancies is/are reported to DLW, the Exchange Rate Variation on higher side, if any, will be on firms account.

11(i) Bank Guarantees (BGs) to be submitted by contractors, suppliers etc should be

sent to DLWs concerned authorities directly by the issuing bank under registered post AD/speed post/courier service.

(ii) In exceptional cases, where the BGs are submitted through the contractors, suppliers etc., the suppliers/contractors should advise issuing branch to immediately send by registered post AD/speed post/courier service an unstamped duplicate copy of the Bank Guarantee directly to the DLW with a covering letter to compare with the original BGs and to confirm that they are in order.

12 Tenderers are required to fill all the columns of offer form with due care and seriousness. Technical or commercial deviations if any are to be necessarily Indicated at the prenominated column on the offer form under heading Deviations. Uploaded documents should have reference at the prenominated Place on the offer form failing to which uploaded documents may not be considered for evaluation of the offer. In case any technical or commercial deviations are uploaded as attachment the same should have reference at the prenominated place on the offer form, under heading Deviation failing to which Such attachments may not be evaluated. 13.Other terms & conditions as per attached Bid Documents Effective from Dec2011. However, the clauses mentioned herein shall override the respective clauses of Bid Document ( Effective from Dec2011).

SECTION-I1.3 CARTEL FORMATION:

(a)Wherever all or most of the approved firms quote equal rates and cartel formation is suspected, Railways reserves the right to place order on one or more firms with exclusion of the rest without assigning any reasons whatsoever. (b)Firms are expected to quote for quantity not less than 50% of tendered quantity. Offers for quantity less than 50% of quantity will be considered unresponsive and shall become liable to be rejected. This, however, will be without any prejudice to purchasers right to distribute the tendered quantity & place order on one or more firms. (c)The firms who quote in cartel be warned that their names are likely to be

deleted from list of approved sources.

NOTE:- Clause No.1.4 to 1.9 are applicable to indigenous suppliers only.1.4(Added) EXCISE DUTY:

(i) The excise duty (E.D) quoted must be unambiguous and specific. In case terms such as E.D. extra as applicable is indicated in the offer then the offer will be evaluated considering the maximum rate of Excise Duty for the item. Please indicate the Excise Tariff Head under which the item falls.(ii) If the quoted rate is inclusive of E.D., the tenderers must indicate the E.D. considered clearly. If it is not done so, then, the offer will be taken as inclusive of E.D.at the highest applicable rate for the item.

(iii) If Excise Duty (E.D) is being charged extra, then the tenderers should clearly indicate the exact rate of E.D. applicable in their offers.(iv) If concessional E.D.is applicable at the time of quoting of offers and the tenderers wish that actual E.D.at the time of supply should be paid, then they should clearly indicate that E.D. will vary based on the turn over value and must also indicate the maximum rate of E.D. payable . (v) Tenders will be evaluated on the basis of maximum rate of E.D. which may become applicable. However, E.D. will be reimbursed as actual and within the upper ceiling of the maximum E.D. rate considered for evaluation purpose.(vi) If E.D. is not claimed in the offer and no mention is made about Excise Duty, then no E.D. or any variation on this account will be payable. If E.D. is claimed in the offers with exact rate and statutory variation is also claimed by the firm in the offer, the same will be considered duly evaluating the offers with exact rate of E.D.(vii) In no case the variation in E.D. due to increase in turnover during the currency of contract will be admissible unless specifically mentioned in the contract.

(viii) If tenderers misclassify the goods under relevant excise tariff rules, the Railway will not pay increased Excise duty due to such misclassification. (ix) E.D. where ever payable will be paid as actual against documentary evidence. (x) Generally packing & forwarding charges are not paid separately. However, in case any of the tenderers desire to charge packing & forwarding charges extra, the same should be quoted clearly.(b) PAYMENT OF EXCISE DUTY- MODVAT RULES:- (i) The purchaser will not be responsible for payment of taxes and duties paid by the supplier under misapprehensions of law or misclassification and in such cases even if the suppliers bill contain an element of tax or duty which is not payable by the purchaser, such payment would be disallowed. (ii) The claim for ED on each bill should be supported by the following

certificates. (ii.i) The rate of ED is advalorem. The ED at present legally leviable in this case is Rs..i.e. on Rs.being the unit value of the Stores assessed by the concerned authority of the Excise department. (ii.ii) Certified that the ED charged on this bill is not more than that legally leviable and payable under the provision of the relevant act or rules made there under. (ii.iii) Certified that the amount of Rs. Claimed as ED in this bill is in accordance with the provision of the rules in all respects and the same has been actually paid to the excise authorities in respect of the stores covered by the bills. Also indicate the excise circle where in it has been deposited.

(ii.iv)Quarterly certificate to the effect that no refund of ED already reimbursed against this contract has been obtained during the quarter ending. In the event of any such refund being obtained by the seller, the same should be passed on to the purchaser. (ii.v) MODVAT CERTIFICATE : The tenderers will have to give the following certificates in their offer:-

We hereby declare that in quoting the above price, we have taken into account, the full effect of the duty set-off on Central Excise and counter veiling duties available under the existing MODVAT scheme. We further agree to pass on such additional duties and set off as may become available in future in respect of all the inputs used the manufacture of the final product, on the date of supply under MODVAT scheme, by way of reduction in price and advise the purchaser accordingly.

(ii.vi) SPECIAL MODVAT CONDITION FOR ALL THE LEAD ACID BATTERIES:

The tenderers has to give details of MODVAT benefit on raw material (Lead), which will be passed on to the purchaser. The tenderers should indicate weight of lead used in manufacturing one battery as Raw Material input. MODVAT benefits/ additional duty set off on the goods supplied, if any, accrued to the tenderers will have to be passed on the Railways (Purchaser) under the MODVAT Scheme by way of reduction in prices.

1.5.1The Tenderers should quote the exact percentage of VAT that they will be charging extra.

1.5.2While quoting the rates, tenderers should pass on ( by way of reduction in prices) the set off/ input tax credit that would become available to them by switching over to the system of VAT from the existing system of sales tax, duty stating the quantum of such credit per unit of the item quoted for.

1.19(vi).Certificate stating that the original shipping documents have been Forwarded to the port consignee in India by Courier Service. Also copies of Shipping Documents viz bill of lading, country of origin, invoice, packing list and WTC have been sent to their agencies as per terms and conditions of this contract. Documentary proof in the form of scanned/photocopy of postal/courier receipt Should accompany the certificate. 1.19.(ix) Added The supplier may be asked to supply the material via Air/Sea shipment wherever it is cheaper/convenient to the purchaser. 1 .19(x) Added If the material is dispatched by the air, for part/full quantity at DLWs cost/firms Cost, firm shall also submit authority letter issued by DLW in the form of Scanned/photocopy of modification advice to purchase order, for doing so, in Addition.

6.9 (Added In clause 6 for EARNEST MONEY / BID GUARANTEE)The Earnest Money Deposit (EMD) shall be taken from all tenderers against global tenders subject to following exemptions.(a)Vendors registered with NSIC upto the monetary limit of their registration for the items tendered or for similar items for similar applications.(b)Vendors registered with Railways up to the monetary limit of their registration for the items tendered/trade groups of the items tendered or for similar items for similar applications.(c)Vendors on approved list of RDSO/PUs/CORE/Railways etc. for those specific items for which they are on approved list.(d)Manufacturers and their accredited agents for similar item for similar

application.(e)Other Railways Govt. Departments. Para-7 Added:-

7.2 (IV) In a tender either the Indian agent on behalf of the Principal/OEM or Principal/OEM itself can bid but both cannot bid simultaneously for the same item/Product in the same tender.

7.2 (V) If an agent submit bid on behalf of the Principal/OEM, the same agent shall not submit a bid on behalf of another Principal OEM in the same tender for the same item/product.

10.6 In case contract is placed on FOB basis, the purchaser will have option to modify the contract on CFR basis.12.1 For purpose of evaluation and comparison of offers, the purchaser will

convert all Bid prices expressed in the amounts in various currencies in the Bid Price as payable, to the local the currency of the purchasers country at the B.C. selling market exchange rate of the State Bank of India in India for similar transaction as on the date of Bid opening.

12.2 (a) CIF cost will be calculated by adding freight as 1.8% for USA and 1.2% for other countries (in case of FOB offers) & insurance charges as 0.030% of Cost & Freight. In case of CFR offers only insurance charges will be

loaded. (b)Assessable value will be calculated by adding port/landing charges @ 1% of the CIF cost. Aggregate Custom duty prevailing on the date of tender opening will be calculated on the assessable value and the total landed cost will be worked out by adding the assessable value with the aggregate Custom duty. (c) Thereafter freight @ 0.50% of FOB value for transporting the material

from Kolkata to DLW/Varanasi and other charges as livable such as LC opening charges @ 1% of the offer price/cost and required in terms of tender conditions (viz training, installation and commissioning charges etc. as quoted, if any) will be added to the total landed cost to arrive at the total cost of offer.

(d) For Example : If a firm quoted unit rate as USD 100.00 each FOB (US port), the calculation of offer will be done in following manner:- Exchange rate is to be taken as Bill Selling rate of Date of Tender Opening issued by SBI. In this illustration, It is taken as Rs.55.00 per USD. Particulars @ of Charges ValueBasic Rate USD 100.00 i.e.Rs.(55.00 x 100)

(FOB)Rs.5500.00

Add Freight @ 1.8% Rs.99.00Add Insurance @ 0.03% Rs.1.68CIF Price Rs.5600.68Port Charges @ 1% of CIF Price Rs.56.00Custom Duty(*) @ 28.852% of (CIF + Port charge) Rs.1632.07Inland Freight 0.50% of FOB value Rs.27.50LC Charges @ 1% of FOB value Rs.55.00Total Landed Value

Rs.7371.25

(*) Custom Duty applicable on date of tender opening. 12.4 (b) Deleted. 13.1(d) (i) In import case PBG/WBG may be waived off based on merit of the case.

Section-II11.4 Deleted.24.3 On rejection of any stores submitted for inspection at a place other than the

premises of the contractor, such stores shall be removed by the contractor at his own cost, subject as herein after stipulated, within 21 days of the date in intimation of such, rejection. If the concern communication is addressed and posted to the contractor at the address mentioned in the schedule, it will be deemed to have been served on him at the time when such communication would in course of ordinary post reach the contractor. Provided further that the inspector may call upon the contractor to remove dangerous, infected or perishable stores within 48 hours of the receipt of such communication and the decision of the inspector in this behalf shall be final in all respect. Provided further that where the price or part thereof has been paid, the consignee is entitled without prejudice to his other rights to retain the rejected stores till the price paid for such stores is refunded by the contractor and that such retention shall not in any circumstances be deemed to the acceptance of the stores or waiver of rejection thereof. Rejected article should be removed within 21 days from the date of issue of rejection advice failing which purchasers responsibility will be seized. If the material is still not removed before the period of 21 days ground rent will be charged @ %

per day of the value of the rejected material or Rs.10.00 whichever is higher.

32. (Added) Option Clause.32.1 Unless otherwise indicated, the purchaser shall be entitled to

increase/decrease the ordered quantity by not more than 30% during the currency of the contract and the tenderers shall be bound to accept the quantity so ordered on the basis of his original offer.

32.1.1The option clause can be operated any time within delivery period of the contract giving reasonable time to the firm to supply the enhanced quantity. It may be noted that for invocation of the option clause, validity of the contract will be considered up to the delivery period mentioned in the contract even though the supplies have been completed in advance.

32.2 For operation of (-)30% option clause, consequent to decrease in the prices in subsequent contracts, reasonable notice will be served by giving reasonable opportunity to the contactor to unconditionally agree to accept such lower rates for the quantity unsupplied on the date of reduction/decrease of the prices of the (-)30% quantity whichever is less.

32.3 Reasonable notice as mentioned in above para is only for purpose of allowing the contractor to make necessary arrangements and same is not for seeking any consent from the contactor towards exercise of contractual option clause.

32.4 In case of delivery period is extended in the contract with (+)30% option clause either for full ordered quantity or a part quantity which remained unsupplied on the date of expiry of the original delivery period, then during the extended delivery period also, quantity variations can be made on the total ordered quantities.

33. (ADDED) WARRANTY:- Unless otherwise is mentioned in tender Drg./specific etc. the warranty shall survive inspection of, payment for and acceptance of the goods but shall expire 30 (Thirty) months after the delivery at ultimate destination in India or 24 (Twenty Four) months from the date of commissioning and proving test of equipment at ultimate destination in India, whichever shall be earlier, except in respect of complaints, defects an/or claims notified to the contractor within 3 (Three) months of expiry of such date.

Encl: Bid Documents effective from Dec2011 .

(Prankur Gupta)Senior Materials Manager/Imp-I

For & on behalf of the president of India

2015-05-20T12:52:09+0530New DelhiARUN KUMARIREPS-CRIS






