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Tender Notice No	CE/ ECOR/2006-07/TP/-----=
Item Tendered for	Manufacture and Supply of Metal Liners 60Kg/52Kg Rail and Sleeper /Comb.Metal Liners confirming to RDSO Drg. No: T-3740, T-3738 and T-3741 & T-3742. <= /p>
Date of Opening	-----/----/2006 at 15.00 Hrs. <= /o:p>
Cost of Tender Form<= /span>	Rs. -------<= o:p>
Issued= to:	<= /o:p>
Money Receipt. No. & Date:	<= /o:p>

*Signature of Issuing Officer of Railways

&nb= sp;

*:- There will be no signature of t= he issuing officer of Railways in case of documents downloaded from the websit= e.

List of Contents

= ;

Sl No	Chapter	Page No
1	Offer Form	3
2	Instruction to Tenderers	4-9
3	Special Conditions of the Contract (Annexure &= #8211; I)	10-18
4	P – Form Annexure – II & = III	19-20
5	Rate Sheet Annexure – IV<= o:p>	21-22

&nb= sp;

OFFER FORM<= /o:p>

The President of India,

Acting through

The Principal Chief Engineer,

East Coast Railway, Annexe Building (East)

Rail Vihar, Chandrasekharpur,

Bhubaneswar - 751023.

Ref:

East Coast Railway Open Tender No. CE/ECOR/2006-07/T= P/--------:

Manufacture and = Supply of the following materials = with latest alteration if any:

(i) Metal Liners for= 60Kg Rail and Sleeper confirming to RDSO Drg. No T-3740.

(ii)Metal Liners for= 52Kg Rail and Sleeper confirming to RDSO Drg. No. T-3738<= /span>

(iii)Combination Metal Liners for 52 Kg Rails & 60 Kg sleepers confirming to RDSO Drg. No: T-3741 & T-3742.

Sir,

1. We hereby off= er our rates to the President of India for manufacture and supply of above subject material as per IRS Specifications, Terms and Conditions, etc. as mentioned= in the tender document at rates as indicated in the Tender Schedule enclosed f= or various consignees.

2. &n= bsp; We herewi= th enclose Cash Receipt/Bank Demand Draft bearing No: …………… …… Dated……………for Rs.-------- towards Cost of tender documents deposite= d with the FA & CAO/East Coast Railway.

3. &n= bsp; We herewi= th enclose Cash Receipt/Bank Demand Draft bearing No:……………………… Dated……………for Rs.-------- as Earnest Money deposited with the FA & CAO/East Coast Railwa= y.

NB: Please note that RDSO approved firms are also required to deposit = EMD like other firms. The firms who are exempted for depositing Cost of tender documents & EMD are indicated at Para 8 & 10 of Instructions to the= Tenderers.

4.&n= bsp; We agree = to keep our offer valid for 180 days from the date of opening of this tender in accordance with the Special Conditions as specified in the tender and shall= be bound by a communication of acceptance.&nb= sp; We also undertake to furnish the Security Deposit in terms of Tender Conditions within 14 days of unconditional acceptance of the tender.

Yours faithfully,

(Signature of Tenderer
or

= Authorised Representative).

= &nb= sp; = &nb= sp; For and on behalf of M/s.

= ; &n= bsp; = ; __________________________

___________________________

SEAL OF THE ORGANISATION = &nb= sp;

Enclosures:

1.&n= bsp; Cost of tender document/Earnest Money Deposit (Original documents).

2.&n= bsp; Statement= of Particulars of Contractor’s past performance (Form ‘P’).<= o:p>

3.&n= bsp; Offer and Tender Schedule.

4.&n= bsp; Copy of Partnership Deed/list of Present Directors. = &nb= sp; = &nb= sp;

5.&n= bsp; Details of financial and technical capability.

INSTRUCTIONS TO THE TENDERERS<= /o:p>

1. General:

1= )	Items = to be supplied with Specification	:	(i)= Metal Liner, 52Kg T-3738 (ii= ) Metal Liner, 60 Kg T-3740 (ii= i) Comb. Metal Liner, T-3741 & T-3742 S= pecification: Metal Liners = should confirm to the IRS for Metal Liners for use with ERC (Provisional) - 1995 (Amended 2001) with latest corrigendum if any and drawings indicated in t= he tender schedule.
2= )	Quanti= ty Tendered For	:	(i)= Metal Liner, 60Kg T-3740 for 1562327 Nos. (ii= ) Metal Liner, 52Kg T-3738 for 341012 Nos. (ii= i) Comb. Metal Liner, T-3741 & T-3742for 89990 Sets.
3= )	Sale o= f Tender documents	:	Up to = 1200 Hrs. on D= t.-----/----/2006
4= )	Envelo= pe containing the tender to be addressed to.	:=	The Pr= incipal Chief Engineer, East C= oast Railway, Annexe Building (East) Rail V= ihar, Chandrasekharpur, Bhuban= eswar-751023.
5= )	Time o= f closing of tenders (Sealing of tender Box).	:=	Up to = 13.00 Hrs. on D= t.-----/----/2006
6= ) =	Time o= f Opening of tender=	:=	At 15.= 00 Hrs on Dt.-----/-= ---/2006

At the time = of opening of tender, only one p= erson either the tenderer or their authorized representative, shall be allowed to witness the opening of tender, if desired.

2. President of India hereinafter referred to as the Government of Ind= ia, Ministry of Railways, (Principal Chief Engineer, East Coast Railway/Bhubaneswar) proposes to obtain sealed quotations from manufacturer= s in India for manufacture and supply of Metal Liners, 60Kg/52 Kg, to RDSO Drg No:T-3738, T-3740 and T-3741 & T-3742 to specification cited in the Te= nder Schedule enclosed. Supplies have to be arranged and re= ached direct to the consignees as indicated in tender schedule. The Railway reserves the right to order entire or part quantity from approved suppliers.

3. The tenderer must ensure that the conditions laid down f= or submission of offers detailed in subsequent paras are completely and correc= tly complied with. Tenders which are not complete in all respects will be consi= dered as invalid offers.

4. = The contracts made under this tender will be governed by the follow= ing:

= &nb= sp; i. &nb= sp; Indian Railways Standard Conditions of contract as amended from tim= e to time. (Vide para- 417 of Indi= an Railway Code for Stores Department)

= ii. &n= bsp; Special conditions of contract applicable to this tender; and

= iii. &= nbsp; Instructions to tende= rers.

5. The Special Conditions of Contract are enclosed (Annexure-I). In case of any contradiction in these instructions vis-à-vis the IRS Conditions of the Contract, the provisions of spec= ial conditions of contract will prevail.

6. All sheets of the Tender booklet should be returned duly signed in = each page by the tenderers whether the tenderer is quoting for any item or not. = Any sheet of tender booklet should not be detached but when items are not being tendered for, the corresponding space should be defaced by some such words = as ‘Not Quoting’.

7.<= span style=3D'font:7.0pt "Times New Roman"'> Railways reserves t= he right to place supply order for full or part quantities either in one lot or in t= he more than one lot and the subsequent contracts being placed depending on the performance/credential of the contractor. Delivery period may be suitably reduced in case part quantity is ordered.

8.<= span style=3D'font:7.0pt "Times New Roman"'> Cost of <= /span>Tender Document:

8.1= = The prescribed non-transferable Tender Forms/documents are obtainab= le on any working day from the office of the Principal Chief Engineer’s Office, East Coast Railway, Rail Vihar, Annexe Building (East) Chandrasekharpur, Bhubaneswar - 751 023 on payment of cost of Tender Forms (non-refundable) either by Crossed DD drawn in favour of FA & CAO/ECoR/= BBS on any Nationalized/Scheduled Bank payable at Bhubaneswar or in the form of money receipt issued by Chief Cashier/East Coast Railway/Bhubaneswar in sup= port of deposition of requisite money. Cost of Tender document should be deposit= ed under Allocation No. Z/650. Tenderers who intend to collect the tender forms/documents by post should send one self addressed stamped envelope alo= ng with the requisite demand draft towards cost of tender form/documents. Rail= ways will not be responsible for any postal delay or for delay caused due to incorrect and incomplete address.

8.2= = All SSI units registered with N.S.I.C will be issued tender documen= ts free of cost, on written request along with the copy of certificate of registration with NSIC for this tendered item. The tender documents will al= so be available in the website at www.eastcoastrailway.gov.in = and can be down loaded by the tenderer and used as tender documents for submitt= ing their offer. Railway will not be responsible for any delay/difficulties/inaccessibility of the down loading facility for any rea= son whatsoever. Separate Demand Draft towards the cost of tender documents shall have to be enclosed. This is in addition to submission of Earnest money. Te= nders without cost of tender documents will be considered as invalid. =

9. &n= bsp; <= /span>SIGNING OF TENDER DOCUMENTS (OFFER):

9.1 &= nbsp; The Tenderer shall sign with the seal of the organisation in each page of the Tender Document/offer form and Annexures (= if any). Any offer submitted not with the Railway’s Tender Document and = not signed with seal will not be considered.

9.2 The Tender= er must read carefully all the terms & conditions of the Tender Document including existing IRS conditions of Contract and modifications/amendments issued thereof from time to time.

9.3 Offer is l= iable to be ignored if complete information is not given therein or if the particulars if any, asked for are not fully furnished. If the tenderer does= not furnish all the required & relevant information, their offer will not be considered.

9.4 Individual signing the Tender or ot= her documents connected with a contract must specify whether he signed as: -

9.4.1. A 'Sole Proprietor' of the firm or constituted attorney of such proprietor;

9.4.2. A partner o= f the firm, if it be a partnership in which case he must have authority to refer = to arbitration disputes concerning the business of the partnership either by virtue of the partnership agreement or a power of attorney.

9.4.3. Constituted= attorney of the firm if it is a company. As a Director, Manager or Secretary in case= of a Limited company, duly authorised by a resolution passed by the board of Directors or in pursuance of the authority confirmed by the Memorandum of association and Articles of association.

N.B. &= nbsp;

(a) In case of 9.4.2= a copy of the partnership agreement or general power of attorney in either ca= se attested by a Notary Public, should be furnished or affidavit on stamped pa= per of all the partners admitting execution of the partnership agreement or the general power of attorney should be furnished.

(b) In the case of partnership firms, where no authority to refer disputes concerning the business of the partnership h= as been conferred on any partner, the Tender and all other related documents m= ust be signed by every partner of the firm.

9.5 A person signing the Tender Form or= any documents forming part of the contract on behalf of another shall be deemed= to warrant that he has authority to bind such other and if, authority to do so, the purchaser may, without prejudice to other civil and criminal remedies, cancel the contract and hold the signatory liable for all cost and damages.=

9.6 The tenderers are also required to give the details of ISO certification of their firm or their action plan to obtain ‘ISO Certification’ to establish their commitment towards quali= ty consciousness.

10 EARNEST MONEY

10.1 The tenderer shall have to furnish Earnest Money Deposit for R= s. --------/-(Rupees ……………….. only) along = with their offers to be eligible for this tender. The Earnest Money can be deposited= in any of the Railways cash offices of ECoRly under Allocation “Deposit/= Miscellaneous/Stores” and cash receipt obtained. Ea= rnest Money can also be deposited by way of Bank Draft/Bankers pay order issued f= rom any nationalised banks for the above amount in favour of FA& CAO/EcoRailway. The cash receipt/Bank Draft/Bankers= Pay Order shall be enclosed along with their offer in original towards Earnest Money Deposit. Tenders without Earnest Money will be considered as invalid.

10.2 Earnest Money Exem= ption: - Earnest Money need not be deposited= for tenderers who are registered with NSIC for this specific item tendered for. Such tenderers should se= ek for specific exemption from the depositing Earnest Money along with the copy of= the registration certificate with NSIC. Government Departments and other railways are also exempted from depositing Earnest Money.

= NB: - The firms who are borne in the RDSO Approved list are a= lso required to deposit Earnest Money as stated above.

10.3<= span style=3D'font:7.0pt "Times New Roman"'> The Earnest Money deposited is liable to be forfeited if the tenderer unilaterally withdraws, amends, impairs or deroga= tes from the tender in any respect during its currency. The Earnest money will = be returned without interest to the unsuccessful tenderers. In the case of accepted tenders also, the Earnest money would be returned without interest= on written request to that effect and on proof of furnishing the requisite Security Deposit.

11. It may please be clearly noted as specified in= the Special Conditions, that in case of your failure to make supplies, Railways reserve the right to authorise purchase of equivalent quantity at the risk = and cost of the suppliers from any alternative approved source(s) so as to main= tain the Schedule of requirements cited in the Tender. The extra expenditure over and above accepted rate, if any, as may be incurred in such purchases from = the alternative source(s) shall be recovered/realised from the tenderers. The tenderer, therefore, should indicate in the tender schedule the maximum quantity that can be supplied by them in the delivery period along with schedule of delivery.

12. Tenderers are accordingly advised to quote their rates in the enclosed schedul= e in accordance with the above instructions and special conditions of contract (Annex-.I). Their quotation addressed to the Principal Chief Engineer, East Coast Railway, An= nexe Building (East), Rail Vihar, Chandrasekharpur, Bhubaneswar - 751 023 should be submi= tted in the double envelope, the inner envelope containing the offer should be sealed and superscribed with "Offer for Tender Notice No.: CE/ECOR/2006-07/TP/---- opening on Dt.-----/= ----/2006, Time 15.00 Hrs". The inner envelope should be placed in an outer envelope and addressed to the Principal Chief Engineer, East Coast Railway, Annexe Building (East), Rail Vihar, Chandrasekharpur, Bhubaneswar-751023. As a measure of caution, the outer envelope should also be sealed and superscribed as follo= ws:

Tender Notice No	CE/ECOR/2006-07/TP/-----
Due Date And Time Of Openi= ng:	At 15.00 Hrs on Dt.-----/----/2006

= &nb= sp; To:

The Principal Chief Engineer,

East Coast Railway= ,

Annexe Bu= ilding (East), Rail Viha= r, Chandrasekharpur,

Bhubaneswar – 751023.

13. In case of tenderer quoting any deviations from the tender conditions, then the tenderer should attach the deviation sheet along with = their offer and also indicate the financial implication of each such deviation qu= oted by him.

14. (a) The = sealed tenders must be deposited by the Tenderers or their representatives in the tender box placed in the office of the Principal Chief Engineer located in Rail Vihar, Bhubaneswar-751023 by 13.00Hrs.on or before the schedule date of openin= g. The Tender Box wil= l be opened at the same venue in scheduled time and date as per Tender Notice/Te= nder Document.

(b) Tenders sent through Registered post / Courier service should be addressed to The Principal Chief Engineer, East Coast Railway, Ra= il vihar, Chandrasekharpur, Bhubaneswar- 751023 so as to reach him before the = due date and time of opening of tender. Railway will not be responsible for any transit delay whatsoever on any account.

15.&= nbsp; Validity:

The validity of the offers should be for a minimum of 180 days with= effect from the date of opening of this tender. The offer with validity less than = 180 days may not be considered.

16. Metal Liners (T-37= 38, T-3740, T-3741 & T-3742)) should conform to the IRS for Metal Liners for use with ERC (Provisional) - 1995 (Amended 2001) with latest corrigendum if= any and drawings indicated in the tender schedule with up-to-date corrigendum if any.

17. The relevant drawings can be seen in the office of the Principal Ch= ief Engineer/ECoR after the tender document is obtained by the prospective Tenderers. The relevant drawing(s) can also be obtained on sale from the Director General, RDSO, Manak Nagar, Lucknow, on usual payment.

18. Tender forms/documents are non transferable. Railway reserves the right to reject any or all of the tender= s in part or full without assigning any reasons.

19. Tenderers are req= uired to submit a list of orders successfully executed by him/them during the last three financial years in addition to the current year for manufacture and supply of similar items mentioned in this tender to Indian Railways along w= ith documentary evidence along with their offer.

20 Tenders subm= itted on other than Railways prescribed offer Form will not be considered. Tender submitted telegraphically/f= ax will also not be considered.

21= . Documents to be submitted:

21.1 Proprie= torship Firms:

i) <= /span>Name of the proprietor;

ii)&= nbsp; Power of Attorney duly attested by the public notary with notarial stamps affixed thereon if any executed in favour of any persons by the proprietor to act on his behalf or on behalf of the firm; and

iii)= Address of the person in whose favour the powe= r of attorney has been executed by the proprietor.

21.2 Partnership Firm:

i) Name of partners;<= o:p>

21.2.1 &nbs= p; Complete address of partners=

21.2.2. <= /span>Partnership Deed (Photocopy duly attested by public notary with notarial stamp); and

21.2.= 3. Power of attorney if any executed by any partner/partners duly attested by public notary with notarial stamp affixed therein.

21.3 = ; Company:

i)&n= bsp; An attest= ed copy of the certificate of incorporation issued by the Registrar of Compani= es, attestation should be done by Notary Public with Notarial Stamp.=

ii)&= nbsp; A certifi= ed copy of Memorandum and Articles of Association of the Company;

iii)= Copy of Resolution duly attested by Notary Public with Notarial Stamp affixed there= on;

iv)&= nbsp; Names and addresses of the present Directors if not mentioned in the Memorandum and Articles of Association.

22. Railway reserves the right at it's sole discretion to reject any= /all tender(s) without assigning any reason and does not bind itself to accept t= he lowest tender and whole of a tender or part of any tender.

= i) &nb= sp; Wherever all or most of the approved = firms quote equal rates and cartel formation is suspected, Railway reserves the r= ight to place order on one or more firms with exclusion of the rest without assigning any reasons thereof.

ii) &nbs= p; Firms are expected to quote for a quantity not less than 50% of tendered quantity. Offers for less than 50% quantity will be considered unresponsive and liabl= e to be rejected in case cartel formation is suspected. Railway, however, reserv= es the right to order on one or more firm for any quantity.

iii) = ; The firms who quote in cartel are warned that their names are likely to
be deleted from list of appro= ved sources.

23. In case of any discrepancy between = the tender documents down loaded from website and the master copy available in = the office, the latter shall prevail and will be binding on the Tenderer(s). No claim on this account will be entertained

24. Eligibility Criteria: Tenderers whose names are appearing in the latest Master List = of Approved vendors published by QA-II, Civil Directorate of RDSO for manufact= ure of “Metal Liners” are only eligible to submit their offers in t= his tender.

(i) The status of RDSO approval of the firms shall be reckoned as on the date of tender opening and not thereafter.

(ii) In case of up gradation of the firm= i.e from Pt-II to Pt-I category after opening of the tender, the upgraded status will not be considered.

(iii) In case of down gradation of the firm i.e from Pt-I to Pt-II category after opening of the = tender, such down graded status of the firms will be considered.<= /p>

(iv) In case of removal/suspension/banning of firms by RDSO after opening of this tender, s= uch firms will not be considered for this tender.

Dy. Chief Engineer (TP)

East Coast Railway,

For and on behalf of the President of India.

Annexure- I

SPECIAL CONDITIONS OF CONTRACT FOR MANUFACTURE AND SUPPLY OF Metal Liners.

1. = Rates:

1.1 = The tende= rer shall quote and fill-up the rates in Annexure-IV & in Annexure-V duly filling in all the columns as “All Inclusive Unit rate” (AIUR) = up to destination both in figures and words (in Rs.). The quoted AIUR of the tenderer sha= ll be inclusive of all labour, material, taxes and duties on inputs and also on f= inal products. AIUR shall also include packing, forwarding, loading into wagons/= road vehicles at the works and transportation of the same to the consignees.

1.2 PVC will be applicable as per Clause 18 of Special conditions of contract of this tende= r.

1.3 If the tenderer does n= ot quote/specify the %/amount of taxes & duties/freight in any of the columns as provided for in the Offer Rate Sheet of the Tender Document, it will be presumed that those have been included in the All Inclusive Unit Rate (AIUR).<= /span>

1.4 The accepted rat= es and other terms and conditions under this contract will remain current and valid during the currency of the contract. Railway reserves the right to defer deliveries (i.e. slow down supplies) and extend delivery period upto 50% of the original Contracted Delivery Period beyond the due date of delivery, on same rates terms and conditions.

2.&n= bsp; Excise Duty:

2.1. The rates quoted by the Tenderers should specifically indicate the percentage & also in Rupees of Excise Duty wi= th cess/surcharge on ED in their Offer Rate Sheet in Annexure-(iv) & in Annexure-(v).

2.2. If the concessional Excise duty based on the turn over is applicable at the time of quoting and the tenderer wishes th= at actual ED as applicable at the time of supply should be paid, the tenderer should clearly indicate that ED will vary based on the slabs of turn over a= nd they should indicate the upper ceiling limit or rate of ED payable. In that circumstance, offers will be evaluated and the interse position of the tenderers will be arrived at on the basis of such upper ceiling limit of ED= .

2.3. If the Tenderer quotes “ ED on actual” then their offer will be evaluated on the basis of the maximum rates of ED as applicable for that item prevalent at that period..

2.4. In case, variation of ED on account of = increase in the turnover is not accepted in the Purchase Order, Railway will not pay= any increase in the ED due to increase in turnover later on.<= /p>

2.5. If tenderer quotes a lower ED rate due = to misclassification of the goods under Excise tariff rules, Railway will not = pay any increased ED payable due to such misclassification.

3. = Sales Tax/CST/VAT:

The rates quoted by the Tenderers should specifically indicate the percentage & also in Rupees of Sales Tax/CST/VAT in their Offer Rate Sheet in Annexure-(iv) & in Annexure-(v).<= /p>

&n= bsp; So far as the applicability of VAT is concerned, the tenderers shall invariably observe the following guidelines:

(i)&= nbsp; &nbs= p; The Tende= rer should quote the exact percentage of VAT that they will be charging extra.<= o:p>

(ii)= &nb= sp; While quo= ting the rates, tenderer should pass on (by way of reduction in prices) the setoff/input tax credit that would become available to them by switching ov= er to the system of VAT from the existing system of Sales Tax, duly stating the quantum of such credit per unit of the item quoted for.

(iii) The tende= rer while quoting their rates should give the following declaration.=

“ We agree to pass on such additional setoff/input tax credit as may become available in future in respect of all= the inputs used in the manufacture of the final product on the date of supply u= nder the VAT scheme by way of reduction in price and advise the purchaser accordingly.”

(iv)= The suppl= iers while claiming the payment will furnish the following certificate to the pa= ying authorities (Railways).

“We hereby declare that additional set off/input tax credit to the tune of Rs. ---------- has accrued and accordin= gly the same has to be passed on to the purchaser and to that effect the payable amount = may be adjusted.

(v)&= nbsp; &nbs= p; Even for = the contracts where CST is payable, this input tax credit may become admissible= to the supplies where the supplier happens to be located in the state in which= VAT has been implemented. Accordingly the certificate under para (iv) above sho= uld also be obtained in all such existing contracts where CST is payable.<= /o:p>

(vi)= For the s= tates in which the VAT has not yet been introduced, the existing system of Sales = Tax shall continue.

Railway will arrange/provide/enclose Sales tax forms as applicable of concerned state wh= ere VAT is not introduced to avail Sales tax concession or to facilitate moveme= nt of the goods in the State as required and requested by the Firm. Railway wi= ll, however, not be responsible for the payment of the tax or duty made by the supplier under misapprehension of law.

4.&n= bsp; Entry Tax/Octroi:

The rates quoted by the Tenderer should specifically indicate the percentage & also in Rupees of Entry Tax/Octroi in their O= ffer Rate Sheet in Annexure-(iv) & in Annexure-(v).The Octroi/Entry Tax wher= ever payable will be borne by the seller/supplier/contractor.<= /p>

5. = MODVAT:

5.1 The quoted = rates shall be inclusive of all MODVAT Credits available to the firm, if any, as = on the date of opening of tender. All modvat credit available on inputs on the date of opening of the tender will= be finally retained by the supplier in addition to contract rates. Any increase/decrease that takes place during the currency of the contract in MODVAT on inputs will be passed on to Purchaser.

5.2 The suppliers will submit the following certificate with each bill:

“We certify that no additional duty set offs on the goods supplied by us have accrued under the MODVAT scheme in force on the date of supply after we submitted our quotati= ons and submitted the present bill”.

5.3 In the event of MODVAT credit being exten= ded by the Government of India to more items than already covered for which price escalation is paid by the purchaser, the Supplier shall advise the Purchaser about the additional benefits accrued, through a letter containing the following certificate or any variation thereof as may be considered necessa= ry by Railway Administration.

“We hereby declare tha= t we can avail additional duty setoffs as per latest MODVAT scheme in force now = and we hereby give a reduction of-------------- per unit and agree to revise the prices indicated in the order. The current E.D. of ------------- % is payable on this reduced price. Therefore, we request you to amend= the order accordingly.

6.&n= bsp; New Impost:

Any statutory inc= rease/decrease over and above the accepted rates of taxes and duties as will be levied by the Central/St= ate Govt. during the currency of the contract will be borne by Railway against production of the documentary evidence.

7. Security Deposit= :

7.1 Earnest Money Deposited by the tenderer can be adjusted against the security Deposit for the successful tender= er.

7.2 The contractor shall ma= ke a security deposit with the FA&CAO/ECoR/Bhubaneswar, within fourteen days= of communication of acceptance of offer by Railway, for an amount equal to 10%= of the contract value subject to a maximum of Rs.5 Lacs (Rupees five Lacs Only= ).

7.3 Security deposit is acceptable in t= he following form:

(i) = Cash

(ii) = Government Securities = at 5% below the Market Value.

(iii) = FDR, pay order,DD & GB from Nationalised Bank=

(iv) = A deposit in t= he Post Office Savings Bank

(v) = NSC

(vi) = 12 Year National Defence Certificate etc.<= /p>

(vii) Deposit Receipts= , Pay Orders, Demand Drafts and irrevocable Guarantee Bonds issued by all Nationalised/Scheduled Commercial Banks. BG will be valid up to a minimum period of 6 months beyond the final date = of Deliveyr.

7.4 If the Security Deposit= is in the form of an irrevocable Bank Guarantee, shall be valid upto a minimum pe= riod of 6 months from the final date of delivery. The proforma for Bank Guarantee will be supplied by the FA&CAO of Paying Railway. The contractor should extend the bank guarantee with the bank concerned as and when the validity = of the contract extends plus with a minimum period of six months over and above the currency period.

<= span style=3D'mso-bidi-font-size:11.0pt'>7.5 In case the supplier fa= ils to make the security deposit within the above-stipulated time limit, it will be lawful on the part of purchaser to take action as per clause 0502 of the IRS Conditions of Contract.

7.6 The Small Scale Industrial U= nits which are registered with National Small Industrial Corporation (NSIC) under Single Point Registration Scheme for the tendered items are exempted from depositing the security deposit. Such firms will make an application in wri= ting to the paying authority for granting exemption enclosing requisite document= s, who will grant the exemption to the eligible firms after scrutiny of docume= nts. Clause 7.1 above will not be applicable for the firms, which are issued exemption certificate by the paying authority.

7.7 The security deposit, if not adjusted fully or partly towards any breach of contract or default on the part of supplier, will be released aft= er three months of the date of expiry of the delivery period on the orders of = the Railway Board after verification for the fulfillment of the supplies ordered within the currency of the delivery period of the contract. The Bank Guaran= tee or security recovered in cash shall be held as security exclusively against this contract and shall not be attached/adjusted against any other contract with the president of India. In case of any default on the part of NSIC registered firm in due fulfillme= nt of the contract, it will be lawful on the part of purchaser, without prejud= ice to other rights, to approach the NSIC authorities for cancellation of contractor's registration with NSIC.

8. Raw Ma= terial:

The responsibility for procurement of all the required inputs/raw materials for the manufacture of= Metal Liners shall be the sole responsibility of the supplier.

9. = Inspection:

9.1= The inspection of the ordered quantity of the goods shall be done by authorised representative of RITES; and in case of delay in the inspection by RITES or= any other unforeseen reason, the Railway reserves the right to nominate inspect= ion of the finished goods by Railway's authorised Inspecting Engineer.

9.2 &= nbsp; Necessary transport facilities to and from nearby Railway stations convenient to the inspecting staff from RITES or Railway, as the case may be, shall be provid= ed by the supplier free of cost. Necessary office accommodation for the inspec= ting team at the factory premises shall also be provided by the supplier.

9.3 The supplier shall be required to install and operate necessary testing equipme= nt required for the testing of the finished goods and the samples thereof as required under IRS Specifications, as the case may be. The testing equipment for the same shall be made available at the factory site.=

9.4 <= span style=3D'mso-tab-count:1'> When the inspection is requir= ed during the manufacture or before delivery or despatch, adequate notice in writing generally not less than one week shall be sent by the supplier to t= he inspecting officer so nominated for.

10. Pena= lty Clause for Rejection of Materials at consignee’s Destination (s):

10.1 If tests on first sample pass, no further action will be needed. If it fails, the firm’s production and inspection shall be stopped by a letter to all concerned and the firm will be advised to depute= its representative to witness the opening of the second sample at an appointed = date and time. In case the firm’s representative does not turn up, the sam= ple shall be opened in the presence of a witness from outside Q.A Civil Cell and tested.

10.2.= If second sample = passes the firm’s production and inspection shall be resumed and the firm sh= all be given a written warning to keep a strict control on the quality of their samples

10.3. In case the second sample fails, besides not making any payment for entire material passed and supplied against the particular Inspection Certificate,= a penalty equal to 10% of the cost of the material against the particular Inspection Certificate or Rs.1 Lakh, whichever is less will be imposed. Pay= ment will not be released for defective material irrespective of the fact whether the material has been used or not. The firm will be at liberty to take away= the rejected material on recovery of the payment already made and effecting the= recovery of penalty. The part material belonging to the rejected lot, if used in tra= ck, shall be removed from the track and replaced with the good material supplie= d by the same supplier against any other Inspection Certificate or any other supplier for the safety of track. The cost of replacement of such rejected material will be to supplier’s account.

11. Modification to Design:

= ; During the currency of the contract, in case at any stage, Railway decides to make minor modifications to the design of any of the said Metal Liners, the Supp= lier shall modify the dies, manufacturing process, etc., to suit such minor modification. The cost of such modifications will be negotiated and mutuall= y agreed upon. Suitable extension to the Delivery period shall also be granted on account of time lost in making such modifications.

12. Delivery Schedul= e:

12.1 The quantity on order shall be supplied within delivery period= of 6 months after 1 month from date of issue of PO. In order to maintain an even flow of supplies throughout the currency of contract, the supply will be monitored on the basis as under:

1^st spell of 3 months

40%

i.e. by-----= -

2^nd. Spell of 3 months

60%

i.e. by-----= -

12.2 In case of failure on the part of the supplier to meet the quarterly supply targets; save force majeure conditions and/or delays attributable to= the railways e.g. non-issue of release orders/consignee instructions, etc; the Railway reserves the right to authorise purchase of equivalent quantity from any alternative/approved source in the country and also transport the same = to the destination(s) by Rail/Road transport so as to maintain an even flow of= the goods required for maintenance/ renewal of track/ the ongoing project works. The extra expenditure over and above the quoted rate, if any, as may be incurred in such purchases from alternative sources shall be to the default= ing supplier’s account

12.3 Th= e supply targets have been fixed with a view to maintain regular supply through out the currency of the contract; and failu= re on the part of the supplier will attract penalty. However, in cases of emergencies a= nd urgent requirements, the consignee(s) may order supplies in excess of the proportionate supplies; and the supplier shall comply with such interactions without any additional charges.

12.4. The Purchaser reserves the right to defer deliveries (i.e. slow down suppli= es) and enhance delivery pe= riod up to = 50% of the original Contracted Delivery Period on same rates terms and conditions.

13. = Transportation and Transit Risk:

13.1. The supplier shall book the consignment by rail/road as per t= he mode of the
transport "Freight pre-paid”, and obtain a clear Receipt thereof. The despatch will be= made as per the mode of transport preferred by the consignee(s).

13.2. Transit risk will be on supplier’s account.

13.3. The consignee wi= se priority for booking will be given from time to time by the Railways.<= /o:p>

13.4. Unloading/further handling of the material at the destination/consignee depot will be arrange= d by the consignee/purchaser.

14. Liquidated Damag= es for delayed Delivery of material within the contract period<= span lang=3DEN-GB style=3D'font-size:14.0pt;font-family:"Times New Roman";mso-bi= di-font-family: Tahoma'>:

The Railway reserves the right to impose L.D in case of failure on = the part of the supplier to meet the quarterly supply targets as per the schedu= le, save force majeure conditions, and/or delays attributable to the Railway e.= g. non-issue of release orders/consignee instructions, etc., at the rate of 2%= per month of delay or part of the month towards the unsupplied/delayed quantity subject to a maximum limit of 10% of the cost of undelivered quantity of go= ods.

15. Liquidated damages for Failure to complete supplies within Delivery period or Termination of Contract:

The Liquidated damages in pursuance of clause 0702 of IRS Conditions of Contrac= t will be limited to a maximum of 10% of the cost of stores where the contractor fails to deliver wit= hin the period fixed for delivery in the contract or as extended, where deliver= y of the store is accepted after expiry of the aforesaid period. In case, the delivery of the store is not accepted by the purchaser after expiry of the period fixed for delivery in the contract or as extended or the contract is terminated before expiry of the contract due to failure of the contractor to execute the contract as per the agreed terms and conditions of the contract during its currency, the liquidated damages equivalent to 10% of the cost of store undelivered/cancelled would be recovered from the contractor. This is independent of the penalty Clause at 14 of Special Conditions of Contract.<= b>

16. Payments<= /u>:

<= span lang=3DEN-GB style=3D'font-size:11.0pt;font-family:"Times New Roman";mso-bi= di-font-family: Tahoma'>16.1 The time-to-time payment at the accepted rate towards supply of finished goods will be made = by the FA&CAO, East Coast Railway.

16.2 Payment at 90% of quoted rate shall be made towards the inspected and passed goods when despatched by Rail. The claim for payment s= hall be supported by inspection certificate as also proof of dispatch (clear RR) where booking is done by Rail. Balance 10% payment shall be made on certification for receipt of consignment in go= od condition by the respective consignee(s) duly verified by the controlling officer of the consignee where the consignee is not a Gazetted officer.

16.3 Where the passed goods,= as allotted under Release Order(s), are supplied direct to the consignee(s) by road transport; payment shall be made at 100% of contract rate by the paying authority on production of relevant inspection certificate marked for payme= nt, and certification for receipt of consignment in good condition by the respective consignee(s) duly verified by the controlling officer of the consignee where the consignee is not a Gazetted officer.<= /p>

16.4 = All verifications of receipt of goods in good condition by the consignee(s) shall be made under the office stamp of the Railway Officers nominated for the purpose.

16.= 5 The tenderer to give consent in a mandate form for receipt of payment through <= span style=3D'mso-spacerun:yes'> ECS/EFT.

16.6 Tenderer shall provide the details= of Bank A/c in line with RBI guidelines for the same. The details will include bank Name, Branch Name & address, Account type, Bank A/c No, and Bank a= nd Branch code as appearing in the MICR cheque issued by the Bank.<= /span>

16.7 The tenderer shall attach certific= ate from their bank certifying the correctness of all above mentioned informati= on. (As mentioned in Para 16.6 above)

16.8 In ca= se of non-payment through ECS/EFT or where ECS/EFT facility is not available, payment will be released through Account Payee= cheque.

17. Force Majeure Condition:

In the event of any unforeseen event directly interfering with the supply of stores arising during the currency of the contract; such as war, insurrection, restraint imposed by the Government, act of legislature or ot= her authority, explosion, accident, strike, riot, lockout, acts of public enemy, acts of God, sabotage; the supplier shall, within a week from the commencem= ent thereof, notify the same in writing to the purchaser with reasonable eviden= ce thereof. If the force majeure conditions mentioned above be in force for a period of 90 days or more at any time, the Purchaser shall have the option = to terminate the contract on expiry of 90 days or more at any time of commence= ment of such force majeure by giving 14 days notice to the supplier in writing. = In case of such termination, no damage shall be claimed by either party against the other save and except those, which had accrued under any other clause of the agreement prior to such termination. Suitable extension to the delivery period shall be granted for time lost on account of force majeure condition= s.

18. Price Variation Clause:

The rate is based on the Ex. Stock yard price of M.S tested billets (60X125mm) to IS-2830 @ Rs -------------------as per SAIL’S price LP Current (As on date of opening of tender) of 2006 with effect from----------------------For every increase/decrease in the price of the s= aid billet by Rs.100 per MT, the cost of each piece of Metal Liner to Drg. No. T-3740 & T-3738 will increase/decrease by Rs.0.04 (Rupees nil and paisa four only) <= /b>and that of each set of Combined Metal Liner confirming to RDSO Drg= .No: T-3741 & T-3742 w= ill increase/decrease by Rs.0.12 (Rupees nil and paisa tw= elve only) and proportionately for part there of. The price variation would however be applicable in respect of sto= res placed for inspection to the Inspecting Authority after a period of not les= s than fifteen days from the date of changes in the prices by SAIL.

19.    Option Clause:

The East Coast Railway reserves the right to enhance or reduce the contracted quantity upto 30% at the accepted rate, terms and conditions of = the order at its sole discretion. The discretion of the Railway in this regard shall be exercised during the currency of the contract. If quantity is increased by or up to 30% suitable extension in delivery period will be gra= nted by the Purchaser.

20. Guarantee:

20.1    The Contractor guarantees that the stores which the supplier has manufactured are fully in accordance with specifications. In all cases the contractor guarantees that the design shall strictly follow the “as made” detailed drawings with such modifications as are notified in re= spect of such type.

20.2=     The contractor further guarantees t= hat the stores shall be free form defects in material and workmanship for a period specified in 20.4 below. The contractor shall be liable to arrange the necessary replacements of the defective stores free of any charge only to the extent that such replacement are attributable to or arise from faulty workmanship of material or design = in the manufacture of the stores. All replacements shall be made free of cost = at destination. If the contractor desires replaced stores can be taken over by= him for disposal as he deems fit within a period of 3 months from the date of t= he receipt of the replacement of the defective stores by the purchaser, at the expiry of this period, no claim in this respect shall lie on the purchaser.=

20.3=     The guarantee herein contained shal= l not apply to any material, which shall have been repaired or altered by the purchaser, or on his behalf in any way so as to effect its strength, performance or rehability or any part due to misuse, negligence or accident= .

20.4   = The guarantee herein contained shall expire in respect of each it= em of stores on the expiry of 12 months from the date of its delivery or 9 months from the date of its placing in service whichever is earlier, except in res= pect of defects notified to the contractor prior to the expiry of such date.

20.= 5    All replacements that the purchaser shall call upon the contracto= r to deliver under this guarantee shall be delivered by the contractor within th= ree months from the date on which the purchaser calls upon him for the replacem= ents of the defective stores. If the contractor fails to replace the defective stores within the said period, the cost of the said stores at the rate stipulated in the contract   shall be recovered from the payments due to the contractor, including the amount of security deposit made and maintained under clause-7 of Special Conditions of Contract.

20.6=     Any approval or acceptance by the purchaser of the stores or of the materials incorporated therein shall not = be in any way limit the contractor’s liability hereunder.

= 20.7=     The decision of Railway in regard to contractor’s liability under this guarantee shall be final and conclusive.

21. Book Examination<= span style=3D'font-size:12.0pt;mso-bidi-font-weight:bold'>: The Government reserves the right for ‘Book Examination’
as follows:

21.1   The contractor shall whenever called upon and requiring to produce or cause to be produced for examinatio= n by any government officer duly authorized in that behalf, any cost or other account book of account, voucher, receipt, letter, memorandum, paper or wri= ting or any copy of or extract from any such document and also furnish informati= on any way relating to such transaction and procedure before the duly authoriz= ed government officer returns verified in such manner as may be required relat= ing in any way to the execution of this contract 0r relevant for verifying or ascertaining the cost of execution of this contract. The decision of such government officer on the question of relevancy of any document information= of return being final and binding on the parties.)

The obligation imposed by this clause is without prejudice to the obligation of= the contractor under any statute rules or orders shall be binding on the contractors= .

21.2 The contractor shall, if the authorized government officer so requires (whether before or after the pric= es have been finally fixed), afford facilities to the government officer conce= rned to visit the contractor’s works for the purpose of examining the proc= ess of manufacture and estimating or ascertaining the cost of production of the article. If any portion of the work be entrusted or carried out by a sub contractor or any of it’s subsidiary or allied firm or company, the authorized government officer shall have the power to examine all the relev= ant books of such sub contractor or any subsidiary or allied firm or company sh= all be open to his inspection as mentioned in clause 21.1

21.3 =   &nbs= p;   If on such examination, it is established that the contracted price is in exce= ss of the actual cost plus reasonable margin or profit, the purchaser shall ha= ve the right to reduce the price and determine the amount to a reasonable leve= l.

21.4    Where a contract provides for b= ook examination clause, the contractor or it’s agency bound to allow examination of it’s books within a period of 60 days from the date of= the notice received by the contractor, or it’s agency calling for the production of documents as under clause 21.1 above. In the event of contractor’s or his agencies ‘ failure to do so, the contract p= rice would be reduced and determined according to the best judgment of the purch= aser which would be final and binding on the contractor and his agencies.=

22. Progress Report:

The Supplier shall also ensure submission of monthly progress repor= t of production, supplies and inspection made against the quantities on order to= the Chief Engineer/East Coast Railway so as to reach on or before seventh of ev= ery month indicating the quantities delivered and also excise duty paid, the Sa= les Tax levied and other details in the prescribed preformed.=

23.     Laws Governing the Contract:

i)&n= bsp; = This contract shall be governed by the Laws of India for the time being in force= .

ii)   Irrespective of the place of delive= ry, the contract shall be deemed to have been made at the place from which the acceptance of tender has been issued.

24.   Jurisdic= tion of Court:

The Courts of the place from where the accepta= nce of tender has been issued shall alone have jurisdiction to decide any dispu= te arising out of or in respect of the Contract.

25.   IRS Condition of Contract, Drawings with alterations up-to-date and Specifications for Metal Liners shall form part = of the contract unless otherwise superseded by the above special conditions as also the tender schedule. In case of any variation between the provisions in any other annexure and the special conditions, the provisions of the latter shall prevail.

26. &nbs= p; Arbitration:     = ;

In the event of any question, dispute or difference arising under these conditions or any special conditi= ons of contract or in connection with this contract, the same shall be dealt as= per clause 2900 of IRS Conditions of contract.

The expression “the Arbitration act 1940” shall be repl= aced by “the Arbitration & Conciliation act 1996” in the clause = IRS Conditions of the Contract.

27.&= nbsp; Tenderers should note that, Taxes & Duties/Cess if any will be deducted at source as per existing policy/order = of Central/State Government/Statutory Authorities.
28.&= nbsp; The tenderers shall obtain a copy of IRS Conditions of Contract and other relevant instructions of Railway on payment from CE/ECoR/BBS and go through in detail.

29.&= nbsp; The instructions to tenderers and all the terms and conditions contained in the tender document shall form part and parcel = of this contract.

Dy. Chief Engineer (TP)

East Coast Railway,

For and on behalf of the President of India.

Annexure -II

PERFORMANCE CREDENTIAL OF THE TENDERER

TO BE = FILLED BY THE TENDERER : NO COLUMN TO BE LEFT BLANK

&nb= sp;

SL NO

Item Name

Det= ails

1.

Name of the organisation/tendering<= /span>

&= nbsp;

2.

Location/address of Factory/works.<= /span>

&= nbsp;

3.

Industrial Classification of the factory (SSI/MSI/SSI)

(Attached true copy of the certificate duly attested)

&= nbsp;

4.

RDSO approval Status

(For the Tendered item)

&= nbsp;

5.

If approved/ provisionally approved by RDSO fo= r the tendered item, furnish copies of references.

&= nbsp;

6.

Postal address of the office of the tenderer <= /span>

&= nbsp;

7.

Telephone No.   i) Works

&= nbsp;

       &nbs= p;      ii) Office

&= nbsp;

8.

Telex/Fax No.

&= nbsp;

&= nbsp;

9.

Nearest Goods Booking Rly. St= ation

&= nbsp;

10.

Monthly Production Capacity

&= nbsp;

11.

Maximum Production capacity per annum

&= nbsp;

12.

<= span lang=3DEN-GB style=3D'font-size:10.0pt;color:windowtext'>Supplied quantit= y of different Metal Liners during last three years,

(Please attach a statement du= ly signed by the tenderer giving details of Inspection Certificate with no. = and date, quantity supplied against each Contracts/ purchase orders placed by Railways. (copies of Purcha= se Orders placed by Railways may also be furnished).

Financ= ial Year

Qua= ntity in Nos/Sets already supplied.

2003- = 2004

&= nbsp;

2004- = 2005

&= nbsp;

2005- = 2006

&= nbsp;

Quantity not supplied/to be supplied.

Name of the Railways

Quantity in Nos./Sets

&= nbsp;

&= nbsp;

&= nbsp;

&= nbsp;

&= nbsp;

&= nbsp;

&nb= sp;

We decla= re that the above information furnished by us are true and correct.

&nb= sp;

Annexure-III

DETAILS TO BE FURNISHED BY THE TENDER= ERS FOR ECS/EFT PAYMENT AGAINST THIS CONTRACT

Sl No

Item

Details

1

&= nbsp;

Accoun= t No. and Type of account

&= nbsp;

&= nbsp;

2

&= nbsp;

Bank N= ame & Address

&= nbsp;

&= nbsp;

3

&= nbsp;

Branch= name and Address

&= nbsp;

&= nbsp;

4

&= nbsp;

Bank C= ode and Branch Code

&= nbsp;

5

&= nbsp;

Whethe= r payment is through ECS/ EFT

&= nbsp;

6

&= nbsp;

Any ot= her relevant information.

&= nbsp;

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ; (Signature of the tenderer)

      = ;    or

Authorised Representative).

        =             &nb= sp;            =             &nb= sp;            = For and on behalf of M/s.

      = ;            &n= bsp;            = ;                 __________________________

            ___________= ________________

&nbs= p;

&nbs= p;

&nbs= p;

        =             &nb= sp;             =             &nb= sp;         (Seal of office of the tenderer)

SL NO	Item Name	Det= ails
1.	Name of the organisation/tendering<= /span>	&= nbsp;
2.	Location/address of Factory/works.<= /span>	&= nbsp;
3.	Industrial Classification of the factory (SSI/MSI/SSI) (Attached true copy of the certificate duly attested)	&= nbsp;
4.	RDSO approval Status (For the Tendered item)	&= nbsp;
5.	If approved/ provisionally approved by RDSO fo= r the tendered item, furnish copies of references.	&= nbsp;
6.	Postal address of the office of the tenderer <= /span>	&= nbsp;
7.	Telephone No. i) Works	&= nbsp;
&nbs= p; ii) Office	&= nbsp;
8.	Telex/Fax No. &= nbsp;	&= nbsp;
9.	Nearest Goods Booking Rly. St= ation	&= nbsp;
10.	Monthly Production Capacity	&= nbsp;
11.	Maximum Production capacity per annum	&= nbsp;
12.	<= span lang=3DEN-GB style=3D'font-size:10.0pt;color:windowtext'>Supplied quantit= y of different Metal Liners during last three years, (Please attach a statement du= ly signed by the tenderer giving details of Inspection Certificate with no. = and date, quantity supplied against each Contracts/ purchase orders placed by Railways. (copies of Purcha= se Orders placed by Railways may also be furnished).	Financ= ial Year	Qua= ntity in Nos/Sets already supplied.
2003- = 2004	&= nbsp;
2004- = 2005	&= nbsp;
2005- = 2006	&= nbsp;
	Quantity not supplied/to be supplied.	Name of the Railways	Quantity in Nos./Sets
		&= nbsp;	&= nbsp;
		&= nbsp;	&= nbsp;
		&= nbsp;	&= nbsp;