BASANT KUMAR

Date: 2023.10.13
15:30:43 IST
Reason: IREPS
Document
Location: IREPS-CRIS
Integrated Bid Document for e –tenders of PLW (IBD-R18)

Government of India
Ministry of Railways
Patiala Locomotive Works, Patiala

Integrated Bid Document (IBD) of PLW

Document No.PLW-ET-BidDoc-R18 Date of issue : 21.06.2023

Contents
Section Subject Page
1. Instructions to Bidders for E-Tenders (IBET) 2-14
2. General Conditions of Contract of Stores Department (GCCS) 15-31
3. Special Conditions for procurement of M&P Items (SMP) 32-33
4. Annexures
A-4.2 Format of BG for SD (Security Deposit) 34-35
A-4.3 Format of BG for Warranty (WBG) 36-37
A-4.4 Mandate form for NEFT/RTGS 38

A-4.5 Check-list to be filled-in by the bidder for import offers 39

A-4.6 Criteria and Format for aspect of Sister-concern of firms/vendors/ bidders. 40-41

A-4.7 Bid securing declaration to be signed by bidders availing exemption from submission 42
of EMD.
A-4.8 Public Procurement (Preference to Make in India), Order 2017, Revision dated 43-51
16.09.2020
A-4.9 Certificate of Local content for availing “Make in India” Preference. 52

A-4.10 Ministry of finance order no. 6/18/2019-PPD dated 23.07.2020 56-67

A-4.11 Certificate for Compliance of OM of MOE dated 23.07.2020 68

5. Guidelines for Electronic Reverse Auction 53-55

Our key information and contacts

PAN AAAGM0289C Ministry of Railways
GSTIN 03AAAGM0289C1ZT State (Punjab)
Address for financial matters: Payment, Principal Financial Adviser (PFA), Patiala
GST,Bank Guarantee, Demand Draft etc. Locomotive Works,
Patiala-147003 (Punjab)

Address for tender andcontact Office of Principal Chief Materials Manager (PCMM),Patiala
Locomotive Works,
Patiala-147003 (Punjab)

Telephone 0175-2396000,2396001
Fax 0175-2306413
website of PLW www.plw.indianrailways.gov.in
website for e-tenders www.ireps.gov.in

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Section 1 : Instructions to Bidders for E-Tenders (IBET)

1.1 On behalf of the President of India, the PCMM (Principal Chief Materials Manager),
Patiala Locomotive Works, Patiala (herein after referred to as the ‘Purchaser’ or
‘PLW’ or ‘Railways’) invites electronic tenders (e-tenders) from potential
bidders/suppliers (called synonymously as tenderer/vendor/firm) for the supply of
items as mentioned in NIT (Notice Inviting Tender) and schedule of tender.

1.2 Before submission of bid, Bidder should study all the terms and conditions mentioned
in the tender document along with the files/document(s) attached with the tender.

1.3 The process of Bidder Registration on IREPS, which is mandatory for submission of
bids against E-tenders, is given on Homepage of website: www.ireps.gov.in. The
detailed User manual for Vendors is also available in ‘learning center’ link of this
website.
1.4 The Contract/Purchase Order placed against this tender will be governed by all the
conditions mentioned in schedule of tender and documents attached with the tender.
Your digital signature on the e-bid will be considered as a confirmation that you have
read and accepted all the conditions given in tender and attached document(s)
unless specific deviation is quoted at appropriate place in the Techno-commercial
offer form of the-e bid.
1.5 E-tender document consists of:
(i) Integrated Bid Document (IBD) having four sections:
1. Instructions to bidders for e-tendering (IBET)
2. General Conditions of Contracts of Stores department (GCCS)
3. Special Conditions for procurement of M&P Items (SMP)
4. Formats of BG (SD, Warranty) and NEFT mandate: Annexures

(ii) Guidelines for Electronic Reverse Auction

(iii) IRS conditions of contract (IRS)
(iv) Schedule of requirements (SOR) and attached Documents

1.6 In case of any conflict between IRS conditions of contract, IBD and SCT: Special
conditions of tender (SCT) shall prevail. In case of any difference about the period of
Guarantee/Warranty mentioned in specification and IRS conditions of contract (clause
No.3200), the higher Guarantee/Warranty period shall be applicable.
1.7 No tender cost will be taken for e-tenders.
1.8 Only those bids, which are received in electronic mode (i.e. duly uploaded and
digitally signed by bidders on IREPS website), will be considered. Manual bids (sent
by post/Fax/email/person) shall not be entertained / considered against e-tenders
even if these are submitted on the letter head of bidder and are received before
closing time of tender. All such manual bids shall be considered as invalid offers and
shall be summarily rejected.
1.9 All the mandatory fields of the Techno-commercial offer form and Financial offer form
must be filled-in by the bidder. The various components of price (Basic rate, Taxes &
Duties, Packing charges, Forwarding charges, Freight etc.) should be clearly
indicated separately in the respective field of the Financial offer form. If there are
any other charges, their nature should be specified. Landed rate (i.e. all-inclusive
rates on FOR-destination basis) shall be automatically calculated by the system and
shown to the bidder before final submission of bid.

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1.10 The unit of rate shall be as indicated in the tender schedule and Bidders are required
to quote in this unit only (i.e. Number, set etc.). Any deviation in this aspect will make
the offer is liable to be ignored. The price for indigenous tenders (i.e. other than
Global tenders) should be quoted in Indian Rupees only otherwise the bid will be
rejected.
1.11 Bidders should mention discount, if any, at the specified place in the Financial offer
form only, instead of writing anywhere else in the bid or in the attached documents.
Discounts mentioned at any other place than Rate page of e-bid (Financial offer form)
will be ignored for assigning the inter-se ranking of bids. Further, conditional
discount(s) linked with: Quantity, Payment, Inspection agency, Delivery place etc. will
not be considered while assigning the inter-se ranking of bids. However, Purchaser
reserves the right to avail any such conditional discount for placement of Contract
and/or for counter-offering to the successful bidder(s).
1.12 The rates filled-in by the bidder on Financial offer form will be considered as final. The
rates and other conditions of bid having financial implication mentioned elsewhere in
the bid (such as attached documents or on other pages of e-bids) will not be taken
into consideration.
1.13 Bidder can submit a revised bid at any time before the closing date & time of tender
and in such a case, the last revised bid, which is deemed to supersede all previous
bids, shall only be tabulated by system for inter-se ranking and the same shall be
considered valid for its evaluation.
1.14 Mode of dispatch preferred by Purchaser is: by Road on FOR-destination basis.
Bidders should quote accordingly and freight charges, if any, should be clearly
indicated in Financial offer form otherwise it will be assumed that the freight charges
are zero/Nil or the freight charges will be borne by bidder/supplier. If a bidder
mentions zero freight charges in the rate page and elsewhere in the bid mentions
delivery terms as FOR: station of dispatch, then no freight charges will be payable
and therefore freight charges will have to be borne by the supplier.
1.15 Bidder should read the delivery period and schedule given in the tender schedule and
quote accordingly. Vague Delivery terms like 2/32 weeks etc. must be avoided and if
quoted so, the bid may be taken by Purchaser as commercially unresponsive making
it liable for rejection.
1.16 Mode and Method of payment
1.16.1 Payment shall be made through NEFT/RTGS only. No payment shall be issued
through Cheque/Demand Draft/Cash. Bidders should submit their consent for same in
prescribed mandate form (as per Annexure: A-4.4 of this bid document) for payment
through NEFT/RTGS. Bidders should note that PO (Purchase Order) cannot be
issued without this mandate form.

1.16.2 Payment though LC (Letter of Credit) in domestic/indigenous contracts (if

mentioned in tender document)
(a) In addition to the normal system of payment though NEFT / RTGS (100 % against
Receipt Note or partial advance payment (80-90-95% against Receipted Challan
and Inspection certificate), the option of getting payment through LC will be available
in contract placed against this tender.
(b) The bidder, at the time of bidding itself, shall exercise an option in writing by making
unconditional acceptance of these conditions in favor of taking payment due against
the tender, through LC arrangement. The option so exercised will be an integral part
of the bid and Such option once exercised, shall be final and no change shall be
permitted, thereafter, during the execution of contract
(c) Type of LC shall be sight LC. SBI shall be banker of Purchaser (Issuing Bank of LC)
for opening of LC and its operation till final execution of the contract.
(d) The incidental cost @ 0.15% of LC value (or as applicable at time of
opening/extension of LC) towards issue of LC and operation thereof, shall be borne
by the supplier/contractor and the same shall be recovered from their bills.

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(e) The schedule of payment liability arising in the contract shall be established by the
Purchaser based on the prescribed delivery schedule/stages of supply.
(f) The acceptable and agreed-upon document for payments to be released under LC,
shall be a DA (Document of Authorization).
(g) The supplier/contractor shall submit their bill(s) for the completed supply to the Bill
processing authority mentioned in the contract who will issue DA to enable the
supplier to claim the authorized amount from their banker (Advising Bank). For
getting payment as per terms and conditions of LC, the claim of supplier shall
comprise: DA, Bill of exchange and Invoice.
(h) The supplier/contractor shall indemnify and save harmless Purchaser/Railways from
and against all the losses, claims and demands of every nature and description
brought or recovered against the Purchaser/Railways by reason of any act or
omission of the supplier/contractor, his agent or the employees in relation to the LC.
All the sums payable /borne by the Purchaser/Railways on this account shall be
considered as reasonable compensation and paid by supplier/Contractor. The bank
shall also recover any amount as may be advised by Purchaser/Railways against
the supplier/contractor.
1.17 Validity of bid:
Unless otherwise specified, the bids should be kept open valid for the following time
period :
Type of tender Period after closing date of tender
Limited & Single 90 days
Open, Global and M& P 120 days
Any bid having lesser validity shall be deemed as commercially unresponsive and
is liable to be rejected.
1.18 The bidder must fill in the Techno-commercial offer form (consisting of : Eligibility
criteria, Terms & Conditions, Performance statement, Deviation statements, Check-
list & Special conditions etc.), Financial offer form and attach the scanned copies of
following documents :
(i) Authorization letter from OEM (Original Manufacturer) in case of an agent/
dealer.
(ii) Performance statement for supplies made against Purchase Orders placed
by PLW or any other unit of Indian Railways for supply of same/similar item
in preceding three years, with relevant supporting documents (Purchase
Orders, Inspection certificates, Receipt Notes, User-feedback etc.)
(iii) Details of M & P (Machinery and Plant), Testing facilities, QAP (Quality
assurance Plan) and technical manpower available.
(iv) Letter of latest approval from concerned approval agency of tendered item.
(v) Commercial documents such as GSTIN registration, PAN card,
Udyam Registration Number & Certificate.
(vi) Current and Valid Registration certificates of Indian Railways
indicating trade groups of items.
vii) Certificate of registration as MSE from the organizations (mentioned in
clause 1.21.1) indicating category of ownership (SC/ST/others) and validity
of registration (if applicable).
viii) Bidder’s own Drawing/Specification, Product catalogue and Technical
data-sheet of their quoted item and in case of deviation/alternative design
comparison-chart for proving equivalence of quoted product with respect to
the drawing/specification of tender.
ix) Any other relevant document (s) to establish the credentials of the bidder
regarding technical capability and financial capacity to manufacture &
supply the tendered item to Purchaser.
Bidder should attach only those documents which are directly related to the
tendered item and tender.

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1.19 Bidder is advised to ensure that address furnished by him for getting DSC (Digital
Signature Certificate) from accredited agencies is same as that furnished to the
Purchaser and available with the centralized source/vendor approving authorities
such as RDSO/CLW/BLW/ICF/RCF/CORE. They are further advised that while
registering themselves on IREPS website for participation in E-tenders, the same
address is entered to avoid any vitiation of information and its consequent effect on
the contract.
1.20 Procurement from Manufacturer’s authorized agents/distributors
1.20.1 Only original manufacturers (OEM) or their authorized agent/dealer/distributor is
permitted to bid in tender. In case bidder is an agent/dealer/distributor of OEM, they
should attach tender specific authorization from OEM with its name and address
failing which their bid is liable to be ignored. Post-tender authorization certificate
(issued after tender closing date) will not be accepted. Such bidders shall be required
to submit documents relating to % local content and place/location of local content
addition of their OEM along with the offer.
1.20.2 Neither one agent can represent two OEMs nor can one OEM authorize two agents.
Purchaser reserves the right to reject both bids in such cases.
1.20.3 Where a manufacturer appoints an agent/dealer/distributor on the basis of a written
agreement with him for a specific territory or specific set of items, they shall give an
undertaking to the following effect.
i. Pre-inspection, if applicable, will be done by RITES/RDSO/CLW (or any other
Inspecting agency mentioned in contract) at the premises of the OEM.
Inspecting agency shall categorically confirm in the Inspection Certificate, that
inspection of the material has been actually made at the manufacturing
premises of the OEM and not in the Warehouse/Godown/Shop of the
agent/ dealer/distributor.
ii. Direct dispatch from the premises of the manufacturer to the consignee after
issue of inspection certificate.
iii. Submission of OEM’s TC/GC (Test and Guarantee Certificate) with each lot of
supply.
iv. Price of the authorized agent/dealer/distributor will not exceed to what the
OEM would have quoted.
v. OEM should confirm that no company/firm/individual other than
M/s………………(Name of the Bidder) is authorized to represent them against this
specific tender and OEM shall take full responsibility for supplies made by bidder
including warranty obligation as per contract.
1.20.4 The bidder should give the particulars (such as Name, Full address, Telephone No.
Email etc) of their local/liaison agents, if any, in the e-bid itself.
1.20.5 Bidders should quote as per inspection clause mentioned in tender document. The
place of inspection will be: at the works of OEM before dispatch of material. The
bidders/suppliers are expected not to offer/seek any deviation from the Inspection
clause mentioned in the tender/contract.
1.20.6 Bidder shall indicate the place of manufacturing of tendered item (or part thereof) and
shall also indicate the place of inspection in the bid itself. The bidder shall also submit
documentary evidence regarding the ownership/tie-up of place where tendered item
or part thereof is to be manufactured or will be offered for inspection. Bid without these
details is liable to be rejected.
1.20.7 The bid without above information (clauses 1.20.3 to 1.20.6) will be summarily
rejected. However the offers from agent/dealer/distributor that Purchase Order is to
be placed on their OEM will be acceptable.
1.20.8 For items of category: COTS (Commercially off-the shelf: Retail and market-grade low
value items), the clause from 1.20.1 to 1.20.7 shall not be applicable and the following
conditions will be applicable for tenders of such items, in lieu of them.
(i) The bidder should mention: Name of OEM, Brand of offered product and its MRP
(Maximum Retail Price) in the bid along with copy of wrapper/packing, if feasible.
(ii) The supply should be made in original packing with clear indication of Make, Name of
manufacturer, MRP and Expiry date on it.

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(iii) The supplier should also furnish undertaking that: “The item supplied by me/us is
original and genuine. If the supply is found spurious at any stage during its use, I/we
will replace the full unused quantity with new stock.”
1.21 Purchase preference & Privileges for MSE (Micro and Small Enterprises),
Startups and Make in India vendors
1.21.1 MSEs who are interested to avail the benefits such
as Purchase Preference, must submit Udyam Registration Certificate failing which
they shall not be provided benefits available to MSEs as contained in Public
Procurement Policy for MSEs order 2012, issued by MSME.
1.21.2 MSEs must also indicate the terminal validity date of their registration (if applicable)
and the ownership category of registration (SC/ST/others).
1.21.3 In tenders, MSE’s quoting a price within price band of L-1+15% shall be allowed to
supply a portion of the requirement by bringing down their price to that of L-1 bidder in
a situation where L-1 price is from someone other than a MSE and such MSEs can be
together ordered upto 25% of the total tendered value provided such participating
MSEs are registered with agency mentioned in clause 1.21.1. In case of more than
one Micro and Small Enterprise, the supply shall be shared proportionately (to
tendered quantity).The target is 25% of annual procurement from MSEs (Not in the
specific tender). A sub-target of 4% of annual procurement from MSEs is earmarked
for procurement from MSEs owned by Scheduled Caste (SC) / Scheduled Tribe (ST)
entrepreneurs and 3% of annual procurement from MSEs is earmarked for
procurement from MSEs owned by women entrepreneur. However, in event of failure
of such MSEs to participate in tender process or meet tender requirements and L1
price, 4% sub-target for procurement earmarked for MSEs owned by SC/ST
entrepreneurs and 3% earmarked to women entrepreneur will also be met from other
MSEs.
1.21.4 The bidder/vendor, who fails to submit the Udyam registration certificate will not be
considered eligible for consideration of benefits detailed in Government of India
Notification dated 23.09.2012:“Public Procurement Policy for MSE Order 2012”.
Further,Traders/Distributers/Sole Agents/Works Contract will also not be allowed the
benefits of the aforesaid policy of MSE.
1.21.5 While considering orders on vendors of Start-ups (whether of MSE category or
otherwise), the criterion of prior turnover and prior experience will stand relaxed,
subject to their bid meeting of quality and technical specifications. However, this
relaxation will not apply for special circumstances (like procurement of item related to
Public safety/health. Critical security operations & equipments etc.)

1.21.6 Provisions applicable for items to be procured under Public procurement

(Preference to Make in India)
(i) All Conditions/Provisions as mentioned in the Public procurement (preference
to Make in India) order-2017-Revision order no P-45021/2/2017-PP (BE-II) dated
16.09.2020 attached as Annexure 4.8 to this IBD shall be applicable. In case
of any conflict between IRS conditions of contract, other conditions/clauses of
IBD, the conditions in Para 1.21.6 shall prevail unless otherwise mentioned in
tender schedule.
(ii) The tenders having estimated value less than Rs.5 lakhs shall be exempted from
this policy(Purchase preference to Make in India).
(iii) Purchase preference for IT & Electronics products under ‘ Make in India ‘ policy will be
governed as per as per Railway Board’s 2011/RS (G)/779/9 dated 06.12.2017 and
that for Medical devices will be governed as per as per Railway Board’s
2015/RS(G)/779/5 dated 13.06.2018 for Medical Devices.
(iv) Fee for filing a complaint under Public Procurement Order-2017 (preference to make
in India) shall be Rs.10,000 per case. The complaint shall be filed in the office of the
PCMM/PLW- Patiala. The fee shall be deposited with the office of the PFA/PLW-
Patiala.
(v) If a bidder wants to avail preference under this policy (Make in India), they should
submit necessary & relevant documents in support of their claim alongwith its e-bid.
The onus for furnishing correct information regarding Local content etc and proving
the same shall be on the bidder.
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(vi) In cases of procurement for a value in excess of Rs.10 Crores, the Class-I local
supplier/Class-II 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
practicing cost accountant or practicing chartered accountant (in respect of suppliers
other than companies) giving the percentage of local content in the prescribed format
as per Annexure: A-4.9.

1.21.7 Any bidder from a country which shares a land border with India will be eligible to bid
in any procurement of goods only if the bidder is registered with the Competent
authority as specified in the Ministry of finance order no 6/18/2019-PPD dated
23.07.2020; copy placed as annexure:A-4.10. In this context, bidder shall submit a
certificate in the format given in Annexure: A-4.11.

1.22 Opening of tender

1.22.1 Electronic tender boxes will be opened only after closing time of tender. No
bidder is required to be present in the office of Purchaser for tender opening of e-
tender. They can see their own bid and financial tabulation statement (in case of
advertise tenders: Open and Global) from their log-in on the website of IREPS.
1.22.2 Normally the tenders will be opened on same date after closing time of tender but
sometimes due to unavoidable reasons (such as Holiday, Breakdown of server
etc.) tenders can be opened after closing date also but bidder need not worry as
it is ensured by automatic locking of e-tender box by system that no bids are
submitted after closing date & time of tender. There is no scope of any late or
delayed bid in e-tender.

1.23.1 Earnest Money Deposit (EMD) for Stores Tenders:

1.23.1.1 EMD amount shall be mentioned in all tenders irrespective of the nature of the
tender as per the clause 1.23.1.3 below. There shall be no exemption from
submission of EMD for any tender or by any tenderer, subject to provision under
clause 1.23.2.6 below, except following:
(a) (i) EMD shall normally not be called against limited tenders with estimated
value upto Rs. 25lakhs (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 Railways Board’s
letter No. 2004/RS (G)/779/11 dated 24.07.2007.
(d) Indian Ordinance Factories in terms of Railway Board’s letter No. 92/RSS
(G)/363/1 dated08.04.1993.
(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 who attach/submit Udyam Registration Certificate irrespective of
relevance of product category.

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1.23.1.2 Offers submitted without EMD shall be summarily rejected.
1.23.1.3 EMD amount shall be as per below :
Estimated value of tender EMD (rounded off to nearest higher Rs.10(ten))
Above Rs.25 lakh and upto @2% of the estimated value of the tender
Rs.50Cr. subject to Max. Rs.20 lakh.
Above Rs.50 Cr. Rs.50 lakh.

1.23.1.4 Automatic release of EMD where ever due :

(1) EMD shall be refunded when any one of the following conditions is satisfied.
(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.
(2) EMD of bidders or tenderers shall be released immediately after it is due for
release as per above criterion. The Purchaser may initiate the process of
release just after the EMD is due for release.
(3) System for online release of EMD has been rolled out by CRIS. Automatic
release of EMD of unsuccessful tenderers should be ensured.
1.23.1.5 Bidders seeking exemption from payment of EMD should submit documentary
evidence in support of their claim.

1.23.1.6 When a bidder withdraws or revises/modifies the bid within its validity period,
Purchaser shall have the right to forfeit EMD.

1.23.1.7 EMD of unsuccessful bidders will be returned to them after decision of tender. EMD
will be refunded to the successful bidders on receipt of SD (Security Deposit) or
maybe retained for adjustment towards SD. No interest will be payable by purchaser
on refund of EMD.

1.23.1.8 In case of refund of EMD submitted in foreign currency, the refund will be made in
equivalent Rupee amount calculated only at the BC selling exchange rate as on the
date of tender closing. There will be no re-conversion of the EMD amount at the
exchange rate prevailing on date of refund.

1.23.2 Security Deposit (SD)/Performance Security for stores Contracts except M&P:
1.23.2.1 There shall be no exemption from submission of Security Deposit (SD) for any
tender or by any tenderer except 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 Ordinance Factories in terms of Railway Board’s letter No. 92/RSS(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. 2003/RS(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 monetary limit of registration.
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 SD for these items.

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1.23.2.2 Security Deposit (SD) amount shall be as per below :
Contract value SD (rounded off to nearest higher Rs.10 (ten))
Above Rs.25 lakh and upto @5% of contract value subject to Max.Rs.50 lakh.
Rs.50 Cr.
Above Rs. 50 Cr. Rs. 1 Cr.
1.23.2.3 Security Deposit should remain valid for a minimum period of 60 days beyond the date
of completion of all the contractual obligations of the supplier, including warranty
obligations.
1.23.2.4 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 condone 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 case to case basis.
1.23.2.5 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 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. This will resolve the problem faced by purchaser to great
extent due to intentional delay in submission of SD by successful tenderer(s).
1.23.2.6 i. All vendors, exempted from submitting EMD, as per Para1.23.1.1 above,
irrespective of type of tenders, i.e. single, limited or open, shall be required to
sign a bid securing declaration as per Annexure: A-4.6 of IBD.
ii. There shall be no exemption to such bidders from submitting EMD and SD for
all tenders published 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 approved is qualification.
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 Railway.
v. This Para shall not be applicable for Govt. Departments/ordnance factories/
other Railways/Railways PSUs/ KVIC/ ACASH and matter shall be taken up
with them departmentally/administratively.
vi. Wherever 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 penalty, an 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.
1.23.2.7 Purchaser should ensure that the contracts are worded so as to conclude
severable contracts for each lot. In case of failure by contractor to meet deliveries
for any lot, Railways may cancel the contract for defaulted part by forfeiting SD
commensurate to that lot. Authority available to Consignee/Depot officer vide Para
27 & 28 of Railway Board’s letter no. 88/RS(G)/779/14 Pt. dated 06.01.2017 shall
continue.
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.

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1.23.2.8 Risk Purchase clause shall not be applicable.
1.23.2.9 Clause 0501 of IRS conditions of contract stands modified to the extent of
disagreement with above clauses.
1.23.2.10 The purchaser shall release the security deposit without any interest to the contractor
on completing all contractual obligations, including the warranty obligations, if any.
Alternatively, for the duration of Warranty obligations, upon the contractor submitting
a suitable separate Warranty Security deposit, the original Performance Guarantee
Security shall be released mutatis mutandis.
1.23.3 Mode of payment for SD:
SD can be paid in any of the manner prescribed below:

(i) Demand draft of any nationalized bank.

(ii) FDR/TDR (Fixed/Term Deposit Receipt) or Bank Guarantee (BG) from
any of the Nationalized/scheduled Bank.
(iii) National Saving certificate.

FDR/TDR/DD should be drawn in favor of PFA/ PLW-Patiala only and to be

submitted to the office of PCMM/PLW-Patiala. Formats of BG for SD are given in
Annexure: A-4.2.
1.23.4 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.

1.24 Drawings and Specifications:

1.24.1 The drawings and specifications as mentioned in the tender schedule are attached
with the tender document but general specifications such as IS, DIN, ASTM etc will
have to be arranged by the bidder on their own and same shall not be provided by
purchaser. In some cases where size of file for drawing/specification is too large to
be uploaded on IREPS website, these will be made available in softcopy (CD) which
may be obtained from the office of Purchaser.
1.24.2 Bidders who download the tender documents from website will ensure that no
alteration is made in their contents
1.24.3 If a bid is submitted by bidder with their own Drawing No./Part No/Specification,
then they should submit technical details (drawings/specification/catalogue etc.) of
their quoted product with the justification about their bid being in conformity with the
requirements of tender Drawing/Specification of the tender. A comparison-chart
should be prepared by bidder himself and attached with e-bid for proving the
equivalence of quoted product with respect to the drawing/specification of tender.
Technical deviation from drawing /specification of the tender, if any, should be
clearly mentioned in the Techno-commercial offer form at the appropriate place
(Technical Deviation Statement) of e-bid.

1.25 Instructions and conditions for GST (Goods and Services tax)
1.25.1 All the bidders/tenderers should ensure that they are GST compliant and their quoted
tax structure/rates are as per GST law.
1.25.2 In case the successful bidder is not liable to be registered under
CGST/IGST/UTGST/SGST acts, the Railway (Purchaser) shall deduct the
applicable GST from his/their bills under Reverse Charge Mechanism (RCM) and
deposit the same to the concerned tax authority.

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1.25.3 When mentioned in the tender : The tendered item pertains to Rail Locomotive
Part/component category and it is needed by Purchaser (Indian Railways) for their
own end use (i.e. not for outside sale) and therefore the bidder should quote rate of
GST accordingly for the items of such tender. For tenders of other items, the bidder
should indicate GST classification of tendered goods/services, in support of their
quoted rate of GST. The onus for any misclassification will lie with the bidder and no
correspondence in this regard will be entertained after opening of tender. Any
change by bidder in the rate of GST after opening of tender, will tantamount to
withdrawal of bid and make it liable for rejection including forfeiture of EMD (Earnest
Money Deposit).
1.25.4 The bid shall be evaluated based on the GST rate as quoted by each bidder and the
same will be used for determining inter-se ranking. While submitting bid, it shall be
the responsibility of the bidder to ensure that they quote correct GST rate and
HSN/SAC. Purchaser shall not be responsible for any misclassification of HSN/SAC
or incorrect GST rate, if quoted by the bidder.
1.25.5 Wherever the successful bidder invoices the goods/services at GST rate or HSN/SAC
which is different from that incorporated in the Purchase order (PO), payment shall be
made as per GST rate which is lower of the GST rate incorporated in PO or billed. The
supplier will be required to adjust his basic price to the extent required by higher tax
billed as per invoice to match the all-inclusive price as mentioned in PO.
1.25.6 Any amendment to GST rate or HSN/SAC in the contract shall be as per the
contractual conditions and statutory amendments in the quoted GST rate and
HSN/SAC , under SVC (Statutory Variation Clause)
1.25.7 If the supplier does not deposit the tax taken/charged from PLW on account of GST,
to the GST authorities as per time-schedule given in GST act and MOR (Ministry of
Railways) is unable to claim input tax credit (ITC) due to this failure on part of supplier
then Purchaser (PLW) will have a right to recover the equivalent amount of paid tax
(alongwith interest) from any pending bills of supplier.
1.25.8 Bidder should provide the following details in e-bid itself: GSTIN, full address of
place from where supply would be made, email and mobile number in their bid.
Unregistered vendor is also required to provide all the other details (except GSTIN)
alongwith its annual turnover of last three financial years.

1.25.9 All the bills and invoices (for transactions of goods and services) submitted by supplier
shall contain the under-mentioned information:
(i) GST Identification Number(GSTIN), Name & address of supplier
(ii) Serial No. of invoice and its date
(iii) GSTIN, Name & address of Recipient
(iv) HSN code or SAC : accounting code of goods/services
(v) Description, Unit, Quantity and Rate
(vi) Reference of PO (Purchase order)/contract
(vii) Total value of supplies and Taxable value
(viii) Rate and type of tax (CGST/SGST/IGST/UTGST), Amount of tax
(ix) Whether the tax is payable on reverse charge basis
(x) Place of supply alongwith the name of state
(xi) Signature/Digital signature of contractor or his authorized representative

1.25.10 The firm/supplier shall comply with the following for supplies effected after
30.06.2017:
(i) Submit the invoice /bill clearly indicating the appropriate HSN and applicable
GST rate thereon duly supported with documentary evidence.
(ii) Give a declaration that any additional input tax credit benefit, if becomes
available to supplier, the same shall be passed on to the purchaser without any
undue delay.

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1.26 In case the tendered work is a composite works contract or works contract; works
contract tax, as applicable shall be deducted at source as per applicable rule /law.

1.27 Separate insurance charge for carriage of material by Rail is not admissible and will
not be allowed. Stores should not be insured at the cost of the purchaser but should
be packed for safe transit in accordance with the conditions laid down in the
Coaching/Goods tariff. The supplier may insure consignment at their own expense,
if considered necessary by them.
1.28 Purchaser will not bear any Octroi charges, and if required will issue Octroi
Exemption Certificate (OEC) only. If OEC is not considered/accepted by the
concerned authorities and they ask for payment of Octroi charges, then supplier
will have to bear the same.

1.29 Price Variation Clause (PVC):

1.29.1 In tenders where no PVC is mentioned in the tender schedule, bidders must quote
on fixed price basis only. Bids with PVC or ambiguous conditions like “Price
Variation Clause applicable” in such tenders will not be acceptable and will be
summarily rejected. However in very exceptional circumstances when Purchaser
decides at his discretion to consider such offers (due to urgency of requirement /
Past performance credentials of bidder etc) the bids with PVC shall be updated to
tender opening date with the PVC formula for determining the inter-se ranking
position with respect to other bids including fixed-price bids.
1.29.2 Wherever PVC (with formula and base date) is mentioned in the tender schedule
itself, the bid should be submitted with same PVC. Bids with deviation in PVC
formula and/or Base date of indices will be summarily rejected. Bids with fixed price
in such tenders will also be summarily rejected.
1.29.3 Bidders who quote with price escalation on account of raw material in the tenders
should note that such escalation claims will be subject to verification of documents
by the Bill passing/paying officer and the relevant records may be asked from them.
1.30 Evaluation Criteria:
1.30.1 Unless otherwise specified, the evaluation of tender will be done item-wise and
consignee-wise.

1.30.2 In tenders where schedule of requirement consists of several items, the inter-se
ranking will be decided for each item separately. The bidders are required to quote
the rate for each item separately.

1.30.3 In tenders where several items are grouped in a “Kit/Set” and the tendered quantity
is in sets, the firm should quote single rate for the tendered Kit/Set of items. In such
cases, the inter-se ranking shall be decided on the rate quoted by the firm for
complete Kit/Set.
1.30.4 For multi consignee items, the rate should be quoted by firm on FOR Destination
basis for each consignee separately. The inter-se ranking of the offers will be
decided for each consignee separately.
1.30.5 The application (i.e. IREPS website) provides for the possibility of submission of
alternate bid. This option is provided for vendor to quote for different make,
alternate specification or give quantity discount, etc. In case two or more bids from
one bidder/vendor appear in the main tabulation (alternate/revised) with different
rates having all other conditions of bids identical, the bid with highest landed unit
rate shall be considered for determining the inter-se ranking of that bidder but if the
bid is accepted then the contract will be placed at bid of lowest landed unit rate.

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1.30.6 For the items of M & P nature and other special equipments/assemblies, having
clauses of AMC/Warranty in specification , the following costs will be to added to
the rate of basic equipment/machine for computing landed rate for the purpose of
inter-se ranking of the bid.
(i) Cost of AMC ( with NPV calculations done as per clause 1.31.3),
(ii) Cost of concomitant accessories
(iii) Cost of essential/mandatory spares within scope of supply
Cost of recommended/optional spares will not be added for the purpose of inter-se
ranking of the bid. Further as mentioned in clause 1.31.5 of this bid document, cost
of essential spares and service charges for each item of work of repair of
Machine/Equipment beyond the AMC period will not be included in the price of
tendered Machine/Equipment for the purpose of comparative evaluation of bids.

1.31 Special instructions for tenders having AMC (Annual Maintenance Contract)
component

1.31.1 AMC is meant for proper upkeep and maintenance of the tendered
Machine/Equipment after warranty period. Unless mentioned otherwise in the
specification, the scope of AMC will be comprehensive and it will include preventive
and breakdown maintenance. AMC charges will include all costs of personnel,
spares etc. except the cost of consumables required for day-to-day operation &
daily maintenance checks. The terms and conditions of AMC must clearly specify
the maximum downtime and maximum response time.

1.31.2 Bidders are required to quote charges on an annual basis (for each year
separately) for post-warranty AMC for a period of 5 (five) years unless mentioned
otherwise in specification/tender. AMC charges shall be payable in Indian Rupees
only. The bids will be loaded with quoted AMC charges for evaluation of bids and in
order to equitably compare different AMC charges of different years, the concept of
NPV (Net Present Value) will be used at a discounting rate of 10 % (unless
mentioned otherwise in tender document) so as to bring all the bids at the same
footing.

1.31.3 NPV is the present value of rate quoted (of AMC charges) for period prospective
period (year number after the warranty period): i.e. the maintenance charges quoted
for future years(s) and therefore these charges are to be discounted to arrive at their
present value. Hence NPV is period prospective period (year number after the
warranty period) calculated backwards as per formula of compound interest: NPV =
AMC/ [(1+D/100) ^n ]. The example of one such calculation is given as under ( ^ :
sign of exponent : e.g. 2 ^3 =2x2x2=8)

Period Code Example

Warranty Period (years) W 5
AMC Period (years) AY 3
Discounting rate (%) D 10
Year (after W) AMC AMC quoted(Rs.) Factor for NPV NPV(Rs.)
1 = W+1 (6th year) A1 100 1/(1.1^6)=0.564 56.40
2 = W+2 (7th year) A2 100 1/(1.1^7)=0.513 51.30
3= W+3 (8th year) A3 100 1/(1.1^8)=0.467 46.70
Total A 154.40
1.31.4 Purchaser/Consignee reserves the right for entering into Annual Maintenance
Contract (AMC) on the basis of rates quoted by the firm in their tender against
AMC charges.

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1.31.5 Post-AMC maintenance of Machine/Equipment will be dealt with by the end users. In
order to facilitate the same, bidder is required to quote the current cost of essential
spares required for maintenance of Machine/Equipment after AMC period and the
current service charges for each item of work of repair of Machine/Equipment beyond
the AMC period. These charges will not be included in the price of tendered
Machine/Equipment for the purpose of comparative evaluation of bids.
1.31.6 Bidders who are OEM (original manufacturer), must give undertaking for supply of
spare parts for a period of expected life of Machine/Equipment. Other bidders must
submit undertaking from OEM for supply of spare parts for a period of expected life
of the Machine/Equipment.
1.32 Bidders/Vendors, who are found to be indulging in tampering with tender
documents or trying to hack the IREPS website, will be taken up with legal and
administrative action, which could be as severe as: Removal from the approved
list, Banning, Suspension of business dealing etc. The bidders must note that they
will be considered fully responsible for scanned copies of documents submitted by
them under their digital signature and as per. IT Act they will not be allowed to
disown any submissions under the said digital signature.
1.33 When conducting negotiation, the bidders) will be informed about the parameter(s)
of the original bid on which revision(s) of original bid is/are solicited and his
signature will be taken in token thereof. In the negotiated bid, any variation by the
bidder(s) on such aspect(s) of offer on which revision was not solicited during
negotiation will render the negotiated bid unfit for consideration.

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Section 2 : General Conditions of Contract for Stores Department(GCCS)

2.1 Acceptance of the Offers:

2.1.1 Purchaser is not bound to accept the lowest or any bid nor to assign any reason for
doing so and reserves the right to accept any bid in respect of the whole or any
portion of the item specified in the tender and the contractor shall be required to
supply at the rate quoted in tender. The rates quoted by the bidder for the full
quantity will be taken as valid even for part quantity.
2.1.2 Purchaser reserves the right to cancel the tender for full or part quantity tendered
without assigning any reason.
2.1.3 Acceptance of this tender (including advance letter of acceptance : A-LOA issued
before formal Purchase order) shall constitute a binding contract between the
successful bidder and the President of Union of India
2.2 The bidder, on whom the PO (Purchase Order) will be placed against this tender
case, will have to execute the previous PO(s) of the Purchaser (PLW), if any, for the
tendered item before commencing the supply against the new PO.
2.3 Splitting of tendered quantity :

2.3.1 Tenders with Pre-decided splitting clause specifically mentioned in SOR (Schedule of
Requirements) of tender.
(a) The Purchaser reserves the right to distribute the procurable quantity on one or more
than one of the eligible bidders. Zone of consideration of such eligible bidders 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 item, Lead time for 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
bidders (other aspects i.e. Adequate capacity-cum-capability, Satisfactory past
performance of the bidders, 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 L-1 Quantity distribution ratio
and L-2 between L-1 and L-2
Upto 3% 60:40
More than 3 % and upto 5 % 65 :35
More than 5 % At least 65% on the L-1 bidder.
It should be noted that L-1 will be the bidder who is technically suitable for bulk
quantity regular order.
(c) In the phrase ’differential of rates quoted by the bidders’, 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. However, the rate of the highest eligible bidder
within the zone of consideration has to be per-se reasonable.
(ii) When price negotiation has been called for, the reference L-1 rate for
assessment of ratio will be the original rate of L-1 bidder (suitable for bulk
quantity) as obtained at the time of tender opening.

(d) If splitting of quantity is required to be done by ordering on bidders higher than the L-
2 bidder, then the quantity distribution proportion amongst the bidders will be decided
by transparent/logical/equity based extrapolation of the model as indicated in the sub-
clause 2.3.1(b)above.

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(e) 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 bidders
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
bidders and in a fair & transparent manner with due conformity to the principles of
Natural Justice and Equity.
(f) For cases where the Railways./Production units had entered into TOT/JV (Transfer
of technology/Joint Venture) agreements, the following clause will be applicable:
“As PLW has entered into TOT/JV agreement with ............................................... No.of
firms, they reserve the right to place orders on all such TOT/JV agreements partners.
However, for ratio/proportion of quantity distribution among such agreement partners,
conditions as detailed in sub-clauses 2.3.1: (b), (c) and (d) above: shall apply with
the exception that the aspect of per-se reasonability will not be applicable.”
(g) Notwithstanding the above, there can be exceptional situations where Purchaser
may come to a conclusion that splitting is neither possible nor feasible and/or not
desirable in the administrative interest. In such exceptional situations, Purchaser
reserves the right not to split the quantity despite pre-decided splitting clause in
thetender condition.
2.3.2 Tenders with Pre-decided splitting clause specifically not mentioned in SOR(Schedule of
requirements) of tender.
Normally full regular order would be placed on L-1 firm (lowest technically suitable
and approved vendor). However, if after due processing, it is discovered that the
quantity to be ordered is more than what L-1 alone is capable of supplying,
Purchaser reserves the right to distribute final procurement quantity amongst two or
more bidders in 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 bidder
iii) Delivery requirement intender
iv) Quantity under procurement and
v) Vital/Safety nature of item
In absence of any differentiation on the above parameters, the manner of splitting will
be based on the stipulations given in sub-clauses 2.3.1: (b), (c) and (d) above.

2.3.3 In the case of inadequate capacity-cum-capability, dissatisfactory past performance,

large quantity of outstanding orders (liquidation of which will take long time) etc, The
Purchaser shall have right to distribute the procurable quantity amongst bidders 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 Railways, regardless of inter-se raking of the bidders after
recording reasons for doing so in a fair & transparent manner with due conformity to
the principles of Natural justice and equity.
2.4 Procurement from approved sources / Past suppliers
2.4.1 For items having vendors approved by centralized agency
(a) Wherever necessary as per policy of procurement and as indicated in the tender
schedule, Regular Purchase Order(s) for bulk quantity will be normally placed only
on vendors approved by nominated vendor agency (RDSO/CLW/BLW/
ICF/RCF/CORE) for the tendered item. The bidder should attach scanned copy of
approval letter along with their bid.
(b) The approval of a vendor only signifies its technical capability to supply the item for
which it has been approved. The quantity to be ordered on approved vendors,
therefore, will be decided duly considering the five parameters mentioned in clause
2.3.2 :

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(c ) Sub-categorization of approved vendors in Part-I/A and Part-II/B, wherever if exists in
the vendor directory, is deleted and both of them stand merged as “Approved
Vendors”.
(d) The approval status of the bidder (i.e. approved vendor or developmental vendor
or unapproved vendor) will be reckoned as on the date of tender opening and not
thereafter. However any downgrading/removal/suspension/banning etc. of bidder
(after opening of tender, when these changes shall be taken into account while
considering the bids.
(e) Minimum 80% of NPQ (Net Procurement quantity) shall be ordered on “Approved
Vendors”.
(f) Developmental orders can be given upto 20% of NPQ on unapproved vendors in
deserving cases subject to the following conditions:
i) Where the approved sources are not adequate and it is desirable to develop more
sources for bringing more competition or improvement in quality or indigenization of
sources.
ii) Where the rates received from new sources are lower than applicable to approved
sources and where new sources are having potential for supply of quality material
and are having infrastructure of M & P (Machinery & Plant) and Testing
equipment/facilities.
iii) Such bidders should submit relevant documents (e.g. Details of past performance
for supply of same/similar item in preceding three years to Railways/Government
organizations, List of Machinery & Plant, Testing facilities, ISO certificate,
Registration certificates of Udyam/Railway, QAP, Technical manpower etc.) along
with bid. In event of non-submission of these documents by bidder along with e-
bid, it shall be assumed that they do not possess any credentials and the bid
shall be evaluated as per extant rules without making any back reference in this
regard.
iv) Capability-cum-capacity assessment of vendor may be carried out by: PLW or
Approval agency or any other agency nominated by Purchaser: before placement
of developmental orders.
(g) Where the tender conditions stipulate for bulk ordering on approved sources only but
there is no approved vendor for that item in vendor list/directory on date of tender
closing, Placement of order on other (unapproved) bidders without any quantity
restrictions.
2.4.1.1 Ordering on Developmental Vendors (Only for the items reserved for
procurementfrom vendor approving agencies i.e. RDSO/CLW/BLW/ICF/RCF/CORE)

(i) Order on Developmental Vendors (DV) shall be developmental orders and shall not
amount to splitting. DV will be eligible for developmental order of 20% of NPQ in
regular tenders. Total quantity on such developmental vendors/sources put together
shall be limited to 20% of NPQ in regular tenders.
(ii) 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.

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(iii) Developmental vendors referred in Para (ii) above shall be those appearing in UVAM
VD with latest amendments as on the date of tender closing; who are approved
withoutany condition/restriction of prototype approval/field trial/quantity.
2.4.2 For other items ( i.e. not falling in category of clause 2.4.1)
(a) In these cases, Purchaser reserves the right to make bulk procurement from the
bidders who qualify the eligibility criteria mentioned in tender document whereas
other bidder(s) may be considered for placement of developmental order(s) if their
bids are technically suitable , competitive and they have submitted adequate
evidence [ as per clause 2.4.1 (f) ] towards their capability-cum-capability and prima-
facie the Purchaser is satisfied that they are capable of executing the orders but their
capacity to supply bulk quantity has not been established in the past.
(b) Unless otherwise specifically mentioned in the eligibility criteria in tender,
manufacturers having satisfactory past performance (both qualitative and
quantitative) to PLW or any unit of Indian Railways, for supply of tendered item) in the
last three calendar years shall only be considered for bulk order.
2.4.3 Applicable to all tenders / items :
Bids of Original manufacturers (OEM) or their authorized dealers/agents only shall be
considered for ordering. Dealers/agents should submit valid tender specific
authorization from OEM along with the bid.

2.5 Tender opening date shall be the reference date for assessing the performance of a
vendor/bidder for that particular tender. Any improvement in performance by the
vendor/bidder after the tender opening date shall not be factored in purchase
decision however any failure or poor performance of vendor/bidder after tender
opening date shall be factored in purchase decision.

2.6 Time Preference

If a contract is placed on higher bidder as a result of invitation of tender, in
preference to the lowest acceptable offer in consideration of offer of early delivery the
contractor will be liable to pay to the Purchaser the difference between the contract
rate and that of the lowest acceptable bid on the basis of landed rate (including all
element of freight, Taxes & duties, and other charges), in the case of contractor’s
failure to complete the supplies in terms of such contract within the date of delivery
specified in the tender and incorporated in the contract. This is in addition to
other legal rights available to the Purchaser under the terms & conditions of the
contract.
2.7 Imported Stores offered by Indian Agents in Indian Currency

(a) Any authorized dealer/agent quoting on behalf of their Foreign

Principal/Manufacturer (FPM) in Indian Rupees shall have to comply with the
following:
i) To quote with tender specific authorization from FPM.
ii) To submit the original invoice of FPM along with their quotation. Performa invoice
(PI) may be accepted in exceptional cases where it is not possible to obtain the
original invoices before the contract is placed
iii) The bidder shall submit self-attested documentary evidence about their identity
(such as PAN card. Aadhaar Card, Passportetc.)
(b) Bidder shall have to give the undertaking on the following points:
i) consent to furnish copy of customs-passed Bill of Entry for the each consignment,
Manufacturer’s Test and Guarantee certificate , Copy of Bill of Lading/AWB for
the consignment; Copy of commercial invoice of FPM and Certificate of Country
of origin.
ii) Current and Valid authorization/dealership certificate of FPM
iii) Compliance of sea/air worthy packing condition in manufacturer’s original packing
and as IRS Conditions of Contract (clause -1800).

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(c) Bidder should attach certified copy of Agency agreement and any other relevant
documents in bid regarding the following aspects :
i) The precise relationship between the foreign principal/manufacturer (FPM)
and its Indian agents(IA):
ii) The mutual interest, which FPM and IA have in the business of each other
iii) PAN (Permanent Account Number) of IA
iv) Any payment which IA receives in India or abroad from the
manufacturer/Principal whether as a commission for the contract or as a
general retainer fee.
v) All services to be rendered by IA whether of general nature or in relation to
the particular contract and the facilities/infrastructure available with them for
the same.
(d) In a tender, either the IA on behalf the FPM can quote or FPM itself can quote but
both of them (IA and FPM) cannot bid simultaneously for the same item/product in
the same tender. If they do so, then both the bids will be rejected.
(e) If an agent submits bid on behalf of the Principal/OEM (Original manufacturer), the
same agent shall not submit a bid on behalf of another Principal/OEM in the same
tender for the same item/product.
(f) The agent is official representative of Manufacturer/Principal/Bidder. Accordingly
Manufacturer/ Principal/Bidder shall be fully responsible for the conduct of their
appointed agent.
(g) The amount of Agency Commission payable to the IA will not be more than what is
specified in the Agency Agreement and it shall be payable in equivalent non-
convertible Indian Rupees, after satisfactory execution of contract. IA will be required
to submit a certificate, along with their bill of Agency Commission, confirming that the
amount claimed as Agency Commission has been spent/will be spent strictly to render
services to the foreign principal/manufacturer in terms of Agency Agreement. The
Purchaser or their authorized agencies and/or any other authority of Government of
India shall have full rights to examine the books/documents of the Indian Agent and in
case of any defect or misrepresentation in respect of the afore-indicated confirmation
coming to light during such examinations, will make both: the foreign
principal/manufacturer and their Indian Agent: liable to be banned/suspended from
having business dealing with Indian Railways.
(h) Any additional expenditure incurred by the purchaser on account of increased
custom Duty, Freight charges as also extra cost which may arise on account of
variation in exchange rate (of foreign currency) during the extended delivery period,
shall be borne by the Contractor.
(i) Check-list (as given in Annexure: A-4.5 of this document) should be filled-in by the
bidder. Failure to comply with any of the aforesaid conditions (all sub-clauses of
above clause 2.7) will make the offer liable to be rejected.

2.8 Payment Terms:

2.8.1 For Purchase order (PO) having value below Rs. 5 lakhs and in cases having
consignee inspection, payment terms will be : 100% payment after receipt and
acceptance of material by consignee (i.e. Receipt Note)
2.8.2 For PO having value above Rs. 5 lakhs also, normal payment terms will be 100%
payment after receipt and acceptance of material by consignee however in PO
having clause of pre-inspection (by RITES/RDSO), 95% payment can be made
against Inspection Certificate and proof of dispatch. Lorry receipt is not accepted as
proof of dispatch and therefore in cases of dispatch of material by road, Proof of
dispatch will be: Receipted Challan of the supplier duly certified by gazetted officer of
consignee. However in cases of dispatch of material by Rail, clear and unqualified
RR/PWB will be considered as the proof of dispatch. Balance 5% payment will be
made on receipt and acceptance of stores (i.e. Receipt Note).

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2.8.3 For Purchase orders of Machinery & Plant (M&P)items (PO having value above Rs.
5 lakhs): the terms of advance payment will be : 80% payment will be allowed after
receipt of the machine in good and acceptable condition at consignee’s end against
inspection certificate and Receipted challan certified by the gazetted officer of
consignee. Balance 20% payment will be made on successful installation,
commissioning/testing , proving test and final acceptance of the Machine/Equipment
subject to submission of WBG (Warranty Bank Guarantee) by the contractor (as per
Format given in Annexure: A-4.3 of this bid document) for an amount of 10% of the
contract value. WBG should remain valid for a period of 60 days beyond warranty
period.
2.8.4 For payments in Purchase coders (PO) having PVC (Price Variation Clause)
2.8.4.1 In case the rates to be claimed against advance payment (e.g. 95% or 98 %) with
PVC calculation are lower than the PO rates then the supplier will submit their
invoice alongwith Proof of rates & Calculation-sheet to Sr.AFA/Store Bill Section, PLW-
Patiala, for release of advance payment. The supplier will simultaneously submit
necessary documents (Dispatch invoice, Receipted challan and Inspection certificate)
to the Purchaser for getting amendment in PO rates for the supplied quantity.
2.8.4.2 (a) In case the rates to be claimed against advance payment with PVC calculation are
on higher side than the PO rates then the supplier will initially raise their invoice
with rates mentioned in the PO and submit the same to Sr.AFA/Store Bill Section,
PLW-Patiala for release of the payment at PO rates. The firm will simultaneously
submit necessary documents (Dispatch invoice, Receipted challan and Inspection
certificate) to the Purchaser for getting amendment in PO rates for the supplied
quantity.
(b) Receipt Note will be issued by the consignee for the supplied quantity with the
revised rates i.e. as per amendment issued by Purchaser. The supplier will
submit their bill for the difference of payment (due to PVC) alongwith copy of l
Receipt Note and PO amendment, to Sr.AFA/Store Bill Section, PLW/Patiala:
2.8.4.3 Upper ceiling limit for PVC component (on plus side of PVC element) will be 20 % of
initial Basic Rate, unless otherwise mentioned in tender/contract. There will be no
limit on minus side of PVC element.
2.8.4.4 Lowest out of three updated rates (calculated as per PVC formula with: Date of
Inspection certificate, Date of original delivery period, Date of actual delivery) will be
paid for the supplies made after original /refixed DP (delivery period) of the contract.
2.8.5 No claim for any tax/duty not stipulated in the bid shall be admitted at any stage of
tender/contract on any ground whatsoever.
2.9 Inspection Clause:
2.9.1 The goods/material peculiar to the use/requirement of Indian Railways (such as parts
and fittings of rolling stock etc) which have been found rejected during inspection and
which could not be rectified, should be defaced by the inspecting authority to avoid
recycling of such rejected material and thereby to avoid ultimate failures of assets. All
such rejected materials (which are designed for exclusive use of Indian Railways) will
be defaced / damaged by the consignee/user/inspection agency so as to ensure that
the rejected lot is not recycled to PLW or any unit of Indian Railways.
2.9.2 No consignment or part of consignment which has once been rejected may again be
submitted except in case where the inspecting officer considers the defect to be
rectifiable. The Purchaser or the inspecting officer shall have free access to the
works/factory of the manufacturer at any time. And they will be at liberty to inspect the
material used in the manufacture of tendered item at any stage and may take such
actions as may be considered necessary (even to terminate the contract) if it is found
that the proper quality/process is not being followed by the contractor in manufacture of
the item as per requirement of contract and its specification.

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2.9.3 Consignee will be the ultimate authority for acceptance/rejection of the material
received by him. Notwithstanding a quotation for delivery in the particular state, the
responsibility of contractor/supplier will not cease until delivery has been taken at
destination by the purchaser or by such officer as nominated by him. Decision of the
purchaser in case of dispute as regards quality or supplies delivered shall be final.
2.9.4 In case of items such as bearings/tooling items and commercially available branded
items, where the inspection (as per contract ) has to be carried out at the premises of
Authorized Agents/Dealer, the manufacturer (OEM) may also associate, if practically
possible, so as to ensure the genuineness of material.
2.9.5 For the tender in which there is clause that – “Purchase of the item will be made for
ISI marked products only “, if the order is placed directly on ISI certified manufacturer,
the material can be accepted on firm’s WTC (Work Test Certificate).
2.9.6 The minimum value limit of Purchase Order [PO] for pre-inspection by RDSO/RITES
is Rs. 5 lakhs. Below this value limit, inspection will normally be done by consignee
on receipt of material, unless specified otherwise intender/contract.
2.9.7 In case the supplier fails to offer the material for inspection against inspection call
issued to the inspecting agency or if the material have to be re-inspected due to
rejection of the material at supplier’s end by the inspecting agency or due to non-
dispatch of material within validity of Inspection Certificate, then the inspection charges
applicable for the offered quantity and actual cost of the test charges incurred will be
paid by the supplier to the inspecting agency.
2.10 Terms of Delivery:
2.10.1 The supplier shall be responsible for covering the risk of loss, destruction, damage or
deterioration of goods during transit/transportation till their delivery to consignee as
per clause 1501 of IRS Conditions of Contract.
2.10.2 The supplier, who in terms of contract dispatch the material on freight pre-paid basis,
should submit their claim for reimbursement of freight charges with necessary
documents. Re-imbursement of freight charges shall be made at actual subject to
maximum of freight charges mentioned in contract or Rail freight (by Passenger
Train) whichever is lower. However for evaluation of offers, it is the quoted Freight of
bid, which will be considered.
2.10.3 Unless otherwise mentioned in the tender/contract, the FOR condition shall be “FOR:
Destination (i.e. consignee at PLW/Patiala”).
2.11 Delivery Schedule:
2.11.1 The time for and the date specified in the contract or as extended for the delivery of the
goods shall be deemed to be of the essence of the contract and delivery must be
completed not later than the date(s) so specified or extended.
2.11.2 Extension of Delivery date may be considered in deserving cases on request of
supplier/contractor, where a genuine reason exists. Such extensions of delivery
dated will normally be granted with levy of Liquidated damages (LD) and Denial
Clause (DC) which are applicable as per clause No. 0702 and 3400 of as per IRS
conditions of contract. LD is to liquidated damages due to delay in supply and the
purpose & effect of DC is that the supplier will not be entitled to any benefit of
upward variation in rate on any account (Taxes/ duties/Cess/levy/PVC/Currency
Exchange rate etc.) after expiry of the original delivery Period of contract but in case of
anyreduction in such element of rates , the benefit will be passed on to Purchaser.

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2.11.3 Purchaser reserves the right to recover from the contractor as agreed LD and not by
way of penalty, a sum equivalent to 1/2% (half Percent) of the price of contracted
goods (including elements of taxes, duties, freight etc.) which the contractor has
failed to deliver within the period fixed for delivery in the contract or as extended , for
per week or part of the week during which the delivery of such stores may be in
arrears where delivery thereof is accepted after expiry of the aforesaid period. Upper
limit for recovery of LD in supply contracts will be 10% (Ten Percent) of value of
contract irrespective of delays, unless otherwise mentioned in the contract.
2.11.4 In the event of any delay in supply of material, Purchaser reserves the right t o
penalize the supplier for such default for the undelivered portion of supply in terms of
IRS conditions of contract.
2.11.5 LD will not be waived unless reasons of delays in supplies are beyond the control of
supplier.
2.11.6 Failure of supplier in execution of contract
(a) Purchaser reserves the right to cancel the contract with imposition of General
Damages (GD) @ 10 percent of contract value for outstanding quantity, in the event
of failure by supplier to execute the contract as per its terms &conditions.
2.12 Cartel Formation:
2.12.1 Whenever all or most of the approved firms quote equal rates and cartel formation is
suspected, Purchaser reserves the right to place order on one or more firms with
exclusion of the rest without assigning any reason thereof.
2.12.2 Bidders are expected to quote for a quantity not less than 50% of the tendered
quantity. Offers for quantity less than 50% of tendered quantity will be considered
unresponsive and liable to be rejected in case cartel formation is suspected. However
Purchaser reserves the right to place order on one or more bidders for any quantity of
tender.
2.12.3 The bidders who quote in cartel are warned that their names are likely to be deleted
from list of approved sources in addition of referring the matter to CCI
(Competition Commission of India).
2.12.4 Whenever tender is floated with purchase restrictions 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 vendor list, without any
Restrictions
2.13 Criteria and Format for aspect of Sister-concern of firms/vendors/bidders
The bidders are required to submit the information in their bid (as per Annexure:A-4.6
of this bid document) about their sister-concerns (Name of Firm, Address, Phone No.
and Email) who have participated in this tender themselves or through their authorized
dealer/agent. If there is no sister-concern then also ‘NIL’ remark should be written. If
it is found at any stage of tender/contract that there been wrong information or
concealing of facts on part of bidder/supplier, it shall render the bid/contract liable for
rejection/cancellation, in addition to other penal action which may be taken by
Purchaser under provisions of laws governing the tender/contract.

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2.14 Marking of Material Supplied:

The suppler shall indicate: Name of manufacturer, Month & Year of manufacturing
and Expiry Date (for shelf-life items): by casting/stamping/etching/embossing, at an
appropriate place of each piece supplied, without affecting the functional utility and
structural stability of the components/material.
2.15 ARBITRATION CLAUSE:
The provisions contained in clause 2900 of IRS conditions of contract shall be
applicable.
2.15.1 As per provisions of clause 2902 of IRS conditions of contract, the Arbitrator shall be
appointed by the Principal Chief Administrative Office (PCAO), PLW-Patiala in the
case of contracts entered into by PCMM/PLW-Patiala or by his authorized officers.
2.15.2 Subject as otherwise provided in this contract all notices to be given on behalf of the
President of India and all other action to be taken on his behalf, will be given or taken
by the: Deputy Chief Materials Manager/Senior Materials Manager/Assistant
Materials Manager, PLW, Patiala(Punjab).

2.16 Jurisdiction of courts

The Courts of the place from where the acceptance of tender has been issued shall
alone have jurisdiction to decide any dispute arising out of or in respect of the
contract.
2.17 Bank guarantees (BG) in regard to Security deposit and Warranty are acceptable
only from the Nationalized/Scheduled Banks and these should be executed on a Non-
judicial stamp paper of appropriate value duly attested by Notary Public or Executive
Magistrate. BG should be sent by the issuing Bank directly to the concerned
authorities of Purchaser, under registered post AD (acknowledgement).
2.18 Handling of warranty rejections.
(As per Railway Board’s letter No. 2022/RS(G)/779/7 (3390005) dated 17.10.2022).
2.18.1 Digitisation of Warranty Management System
(i) The entire Warranty Management System shall be digitized and made paperless.
(ii) The existing maintenance Applications viz CMM, FMM, WISE, SLAM, PUs local
system, etc. shall be integrated with UDM/ IMMS/IREPS for seamless transfer of
required data. A provision shall be made on these platforms to facilitate end users to
register warranty complaints. Duplicate feeding on UDM is to be avoided. All systems
dealing with warranty rejection of vendor and their response should have provision of
uploading/attaching documents.
(iii) Provision shall be made on IREPS for the vendors to input dispatch details such as
batch number, serial number, major sub component of the item, date of manufacturing
(in MM/YYYY),expiry date (wherever applicable),manufacturer’s marking, make/Brand,
etc. against the Purchase Orders for each consignee. These details would be passed
to iMMS/UDM and reflected in DRR/R-Note/CRN generated on iMMS/UDM and for
indicating the same while issuing the materials through Issue Notes. Inspecting
Agencies shall also indicate these details explicitly in the Inspection Certificate. End
Consignee receiving the material from the vendor will verify these details at the time of
receipt of material and explicitly indicate the same in iMMS/UDM.
(iv) Warranty period shall be captured in digital form as stated in Para 2.18.4 below.
(v) Centralized Recovery Register shall be digitized & maintained in IPAS and linked with
iMMS/UDM for seamless both-ways data flow between these applications for recovery.
(vi) The Warranty Rejections of vendors and their responses shall be linked with Unified
Vendor Approval Module (UVAM). Cognizance of these warranty rejections of vendors
shall be taken for reviewing the Approval of vendors by vendor approving authorities.
(vii) Cognizance of these warranty rejections of vendors shall be taken by the procuring
authorities in deciding the tender cases.

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2.18.2 Materials are rejected under warranty in the following situations:
A. Material rejected was issued to the user (shop/shed etc) from its attached Stores
Depot or attached User Depot (both Stock & Non-stock).
B. Material rejected was received from a PU or a Stores Depot or a User Depot
which is not the attached depot of the end user including that received directly
through centralized procurement (both Stock & Non-stock).
C. Material was rejected in the field and was fitted at some other
workshop/Shed/Depot Material either received or fitted through Supply Contract,
Works Contract or Service Contract or any other type of contracts (both Stock
& Non- stock).
D. Failure of components of Rolling Stocks received from Railway PUs/ PSUs/
Workshops/ Private Manufacturers.

The methodology of handling these rejections will be as under:

A. Material rejected was issued to the user (shop/shed etc) from its attached Stores
Depot or attached User Depot (both Stock & Non-stock).

(i) In case the material was accounted for in Stores Depot in iMMS after receipt from
vendor, end user shall register the warranty complaints with reasons and other details,
as required, on the systems like CMM/FMM/WISE/SLAM/MU etc. available with them
& electronically transfer such data to UDM through integrated system or shall register
the warranty complaints directly in UDM (as convenient and practical for the end- user)
and issue “Advice Note” of returned stores on UDM with the approval of competent
authority (Gazetted Officer) to return the rejected material to attached Stores Depot for
issuing “Warranty Rejection Advice” (i.e. warranty claims lodging) by attached Stores
Depot.
However, in case the material was accounted for in User Depot in UDM after receipt
from the vendor, there is no need for issuing “Advice Note” & to return the rejected
material to attached Stores Depot.
“Warranty Rejection Advice” (i.e. warranty claims lodging) shall be issued to the firm
with the approval of gazetted officer of the end consignee of attached Stores Depot/
User Depot (depending upon where rejected material was accounted for after receipt
from vendor) on iMMS/UDM after getting the warranty rejected material from end-user.
Before, issuing the “Warranty Rejection Advice”, the concerned user of iMMS/UDM &
gazetted officer shall satisfy himself about the availability of the rejected material,
correctness of PO (Purchase Order) and applicability of warranty period and ensure
that other details including reason(s) for warranty rejection are genuine as per
specification, drawing and terms and conditions of the Contract. This should be
decided within 15 days.
(ii) Rejected material shall be taken out from the ledger of Stock-Holder in iMMS/UDM (as
the case may be). The “Warranty Rejection Advice” shall be issued on iMMS/UDM by
attached Stores Depot/ User Depot to all concerned i.e. firm, purchaser, pre-inspecting
agency, vendor approving agency, paying authority etc. as per the contract- without
fail.
(iii) In the Warranty Rejection Advice, the vendor shall be called upon for replacement of
rejected stores or for deposition of equivalent amount of rejected material, within a
period of 60 days from the date of Warranty Rejection Advice. Date of issue of
Warranty Rejection Advice by gazetted officer to be taken as date of Warranty
Rejection Advice.
(iv) It shall be ensured that initiation of warranty complaint by user and issue of Warranty
Rejection Advice in UDM/iMMS is not delayed by concerned officials/officers and
warranty rejection advice should be issued within 15 days of detection of warranty
complaint. However, if the warranty complaint is detected within warranty period, the
“Warranty Rejection Advice” must be issued within warranty period.
On issue of “Warranty Rejection Advice”, the “Warranty Rejection Register” should
automatically get updated.

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(v) On getting the “Warranty Rejection Advice”, the inspecting agency shall take suitable
action against the inspecting officials and ensure necessary corrective actions; duly
informing the Officer who has approved the “Warranty Rejection Advice”. Recovery of
inspection charges from the concerned inspecting agency for the rejected item(s) shall
be made by any Bill Paying Authority across IR on pro-rata basis for the quantity and
as per the rate of inspection charges for the inspection agency. Claim for recovery of
inspection charges against the concerned 3rd party inspecting agency (like RITES
etc.) shall automatically get noted into “Centralized Recovery Register” maintained in
IPAS on the basis of “Warranty Rejection Advice”; which shall specifically mention the
name of inspecting agency. After recovery of inspection charges by any Bill Paying
Authority, “Centralized Recovery Register” w.r.t. recovery of inspection charges to be
automatically updated in IPAS to that extent so as to avoid multiple recoveries of
inspection charges by different Railways and communicate the recovered amount to
iMMS/ UDM
(vi) Any Bill Paying Authority across IR shall withhold the payment of equivalent amount of
rejected material through “Centralized Recovery Register” from firm’s Bill(s) at the
earliest, till the full amount is withheld and the same shall be released only after
disposal/closure/settlement of the warranty claim or deposition of equivalent amount of
rejected material or after recovery, whichever is earlier. After withholding of amount by
any Bill Paying Authority, “Centralized Recovery Register” to be automatically updated
in IPAS to that extent so as to avoid multiple withholdings by different Railways and
communicate the withheld amount to iMMS/ UDM.
(vii) Firm shall be allowed to collect the rejected materials only after deposition of payments
already made by Railway (if any) to them or after recovery of equivalent amount by
Accounts or against replacement quantity. Rejected material should be suitably
defaced before handing-over to the firm to avoid re-use and necessary provision about
digital capturing in respective modules may be done.
(viii) Warranty Quantity Replacement-.
a.) Replacement of rejected quantity shall be made to the end consignee at the Stores
Depot/User Depot which received the original supply from the firm.
b.) The warranty quantity replacement will be supplied and accounted for in iMMS
through R/Note & RO if “Warranty Rejection Advice” has been issued through
iMMS. However, where “Warranty Rejection Advice” has been issued through
UDM, the warranty quantity replacement will be supplied and accounted for in
UDM through CRN. R-Note/CRN should be clearly marked as “Warranty
Replacement CRN/R-Note, Not for Payment”.
(ix) Replaced/rectified material shall have warranty for the replaced/rectified goods till the
original warranty period plus the time from the warranty rejection advice to material
replacement/rectification.
(x) Vendor would be permitted to lift the rejected material (subject to clause 2.18.2(A)(vii)
above) “free of cost” within the period mentioned in Para 2.18.2(A)(iii) above. After this
time, ground rent shall be applicable.
In cases where firm fails to lift the rejected material within the time period mentioned in
para 3203 of IRS Condition of Contract, at the expiry of the period, no claim
whatsoever shall lie against the Purchaser in respect of the said goods, which may be
disposed of by the Purchaser in such manner as he thinks fit. Without prejudice to the
generality of the foregoing, all the provisions in the Indian Railways Standard
Conditions of Contract relating to the 'rejection of goods' and 'failure' and 'termination'
add and Clause 3100-02 shall apply.
(xi) In case disposal/closure/settlement of the Warranty Rejection Advice is not done by
firm within the period of 60 days, Recovery Advice of equivalent amount of rejected
material for which Warranty Claim has not been disposed/closed/settled shall be
automatically sent from iMMS/UDM (depending upon from where Warranty Rejection
Advice has been issued) to IPAS and the “Centralized Recovery Register” of IPAS
shall be automatically updated for recovery. If any amount is already withheld against
the “Warranty Rejection Advice”, the same shall be treated as recovered amount and
adjusted accordingly. For balance amount, any Bill Paying Authority across IR shall
recover the amount mentioned in “Centralized Recovery Register” from firm’s Bill(s), if
any. Paying Authorities should not delay the recovery and ensure recovery
expeditiously. Even if the payable amount against a Bill and withheld amount are not
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enough for the full recovery against a Warranty Claim, the Paying Authority should
proceed with partial recovery to the extent of payable amount against that Bill and
balance recovery amount will remain in the “Centralized Recovery Register” for further
recoveries from other Bill(s).
After recovery, the “Centralized Recovery Register” should be automatically updated
immediately to avoid multiple recoveries by different Railways and communicate the
recovered amount to IMMS/ UDM.
(xii) Generally, no rejected quantity replacement/rectification should be allowed once
recovery has been made by Accounts or the recovery amount has been deposited by
vendor. While receiving fresh replacement supplies/allowing Re-
inspection/Rectification/Amount deposition by vendor against Warranty Rejection
Advice after the period of 60 days, user in IMMS/UDM must ensure that these activities
are allowed only to the extant the Claim amount has not been recovered by Railways.
Once recovery of the warranty claim amount is made in IPAS/deposition by the firm,
user will not be allowed to initiate process of receipt of fresh replacement supplies / Re
inspection / Rectification to the extent recovery of the Warranty Claim amount has
been completed in IPAS/deposited by firm against Warranty Rejection Advice.

However, there may be some cases against a Warranty Rejection Advice like:
(a) Fresh replacement supplies have been received before recovery but material
taken into Ledger by user after recovery.
(b) Re-inspection or Rectification allowed before recovery but material taken into
Ledger by user after recovery.
(c) Amount deposited by vendor before recovery but details of such deposition
entered by user after recovery.
(d) Warranty Rejection Advice withdrawn altogether after recovery.
(e) Any other incidence like Court /Arbitration Judgement/Order etc. after recovery.
In such cases, in all fairness; equivalent amount recovered has to be refunded to the
vendor In case of (a) to (e) above, recovered inspection charges shall also be refunded
to the inspection agency.
For such cases, the officer approving the Warranty Rejection Advice, with the
approval of his officer next in hierarchy (minimum JA grade officer), can issue
“Recovery Refund Letter” on iMMS/UDM on advice of the Stock Holder which shall be
visible to all stake-holders including IPAS as well as vendor. Vendor may submit his
Supplementary Bill on the basis of “Recovery Refund Letter” to the concerned Paying
Authority which has deducted the refundable amount on-line or off-line; depending
upon the case whether the Bill against which recovery has been made was submitted
on-line or off-line. IPAS will pass-on information of all such refunds against a “Warranty
Rejection Advice” to iMMS/UDM so that this information can be made available to all
stake-holders. Necessary checks & balances should be provided in IPAS to ensure
that vendor is not refunded the recovered amount more than the actual recovered
amount or the amount mentioned in “Recovery Refund Letter”.
(xiii) Inspection of Replacement Supply- In line with IRS Conditions of Contract clause
0703, Vendor shall bear all cost of such replacement including freight, cost of
inspection and inspection charges to inspecting agency, if any, on such replacing and
replaced stores but without being entitled to any extra payment on that or any other
account. The replacement supply shall normally be inspected by the same inspection
agency which inspected and passed the original supply. However, inspection clause
for replacement of quantity rejected under warranty can be changed from 3rd Party
Inspection (RITES/RDSO etc.) to Consignee Inspection with the approval of minimum
JA grade level officer of the office issuing Warranty Rejection Advice, duly considering
practicability of the case due to low quantity/value, criticality of the item, quality issues
involved etc.
B. For Warranty rejection in Shop/Shed etc of the material received from a PU or a
Stores Depot or User Depot which is not the attached Depot of the end user
including that received directly through centralized procurement (both Stock and
Non-stock items):

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(i) In such cases it may not be convenient for the end user to either return the material or
communicate to the Stores Depot/User Depot (where the accountal of supply received
from vendor was originally made). Thus, in all such cases, the warranty rejected
material shall be kept in safe custody of the end user. End User shall register the
warranty complaints with reasons and other details, as required, on the system like
CMM/FMM/WISE/SLAM/MU etc. available with them and electronically transfer such
data to UDM through integrated system or shall register the warranty rejections directly
in UDM (as convenient and practical for the end user). “Warranty Rejection Advice”
(i.e. warranty claims lodging) shall be issued to the firm with the approval of gazetted
officer of the end user on UDM after linking with PO, R/Note/CRN/Accountal Details.
Before, issuing the “Warranty Rejection Advice”, the concerned user of UDM &
gazetted officer shall satisfy himself about the availability of the rejected material,
correctness of PO and applicability of warranty period and ensure that other details
including reason(s) of warranty rejection are genuine as per specification, drawing and
terms and conditions of the Contract.
(ii) The “Warranty Rejection Advice” shall be issued on UDM by End User to all concerned
i.e. firm, purchaser, pre-inspecting agency (if known), vendor approving agency,
paying authority etc without fail.
(iii) Warranty Quantity Replacement-
(a) Replacement of rejected quantity shall be made at the end of end user.
(b) The warranty quantity replacement will be supplied and accounted for in UDM
through CRN. The CRN should be clearly marked as “Warranty Replacement CRN,
Not for Payment”.
(iv) Other provision shall be as per sub-Para (iii) to (xiii) of Para 2.18.2(A) above, except
Para (viii) of 2.18.2(A).
C. For Warranty rejections in the field where material rejected was fitted at some
other Workshop/Shed/Depot- Material either received or fitted through Supply
Contract or Works Contract or Service Contract (both Stock and Non-stock
items)-
(i) In such cases it may not be convenient for the end user to either return the material or
communicate to the Stores Depot/User Depot (where the accountal of supply received
from vendor was originally made) or to the concerned Workshop where items were
fitted.
(ii) Such case shall also be dealt as per Para 2.18.2(B) above.

D. Warranty rejections of Rolling Stocks received from Railway

PUs/PSUs/Workshops/Private Manufacturers and their components -
(i) Rolling Stocks are manufactured by following agencies:

SN Type of Rolling Stock Manufactured by

1 Wagons Private Manufacturers, Railway PSU,
Railway Workshop.
2 Coaches
3 Locomotives
4 Train-Sets Railway PUs/PSUs/Private Manufacturers.
5 MEMU,DEMU,EMU etc.

(ii) Manufacturing Units of Rolling Stocks should provide the following details of all
components/subassemblies used/fitted in that rolling stock to inspecting agency as
well as consignee railway/end user. Inspecting agency, during inspection of Rolling
Stock shall ensure digital capture/entry of this data into the respective digital platform.

a. Rolling Stock Number

b. Name of the Rolling Stock supplier
c. Contract number & Date against which Rolling stock supplied to Railway
d. Contact details of Rolling Stock Supplier
e. Name and address of component manufacturer and/or supplier.
f. Date of manufacture of component (MM/YYYY).
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g. Inspecting agency for the component.
h. Inspection details of component
i. Warranty of component in months.
j. Vendor Approving agency of the component.
k. Batch/Product Marking, serial number etc of component.
l. Any further details to facilitate complete identification of the supplier of component by
end user.

(iii) For individual components, all Rolling Stock Manufacturers/Suppliers shall be

responsible to honour the warranty claims on the basis of warranty period of individual
components instead of the entire rolling stock.
(iv) The warranty settlement will be processed as per procedure as under-

a. Rolling stock is supplied by a private manufacturer or Railway/other PSUs-

Warranty claim shall be lodged against Rolling Stock supplier. This shall be same
case as 2.18.1(B) above except that in case of items appearing in the approved vendor
list of vendor approving agencies, information about such cases shall also be shared
with vendor approving agencies. Rolling Stock Supplier shall be the interface between
Railway and component supplier. He has to organize the complete warranty
settlement. Any action by the component supplier shall be at the specific direction and
authority of Rolling Stock supplier.
b. Rolling stock supplied by Railway PUs, Workshop-
In all such cases, the warranty rejected material shall be kept in safe custody of the
end user. End User shall register the warranty rejections with reasons of rejection and
other details, as required, on the system like CMM/FMM/WISE/SLAM/MU etc.
available with them & transfer such data to UDM or shall register the warranty
rejections directly in UDM (as convenient and practical for the end- user). The
concerned Railway PU or Workshop shall replace the rejected component within 60
days from warranty rejection registration date at the end of concerned end User
registering the warranty rejection either as a fresh supply by Railway PU/workshop or
get it replaced/rectified through the component manufacturer/supplier whose supplies
have been rejected. Simultaneously, the Railway PU/Workshop shall raise the
warranty claim by issuing “Warranty Rejection Advice” on UDM on concerned
component manufacturer/supplier separately from their end as per the process
detailed in Para 2.18.1(B) above.

2.18.3 Rectification of the rejected stores

(i) In case the vendor requests for rectification/repair of rejected stores in terms of Para
2.18.2, rectification/repair to be permitted in exceptional circumstances and only if the
item can be effectively rectified/repaired at the user end and with specific prior
approval of the officer next in hierarchy (minimum JA grade officer) to the gazetted
officer issuing Warranty Rejection Advice. At the option of the Depot Officer/ officer of
end-user (depending upon who has issued the “Warranty Rejection Advice”),
rectification/repair of rejected stores by the firm shall be permitted within railway
premises only.

(ii) If firm requests to rectify/repair the rejected stores at its own premises, same shall be
allowed only if the item has unique traceability to ensure that the rejected item cannot
be supplied to any other consignee/user and if supplied, it can be traced. For taking
out the rejected quantity for rectification/repair, equivalent value of rejected item shall
be deposited by the firm.

(iii) However, the rectification activity shall have to be completed within timelines given in
sub Para iii of Para 2.18.2(A) from the date of issue of “Warranty Rejection Advice.”

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After this, process for recovery shall be initiated.

2.18.4 Linking the rejected stores with PO, R/note, warranty period etc –

(i) Marking of stores has been mandated as per Clauses 1103, 1302, and 2704 of IRS
Condition of Contract, which must be ensured.

(ii) Specification/drawing of the item should include conditions for marking of the item for
establishing unique traceability of the item, accountability and performance monitoring
of the item/supplier. Marking should be with manufacturer’s name, lot/batch number,
serial number, month and year of manufacture (in MM/YY format). If possible,
Railways’ purchase order number and date, consignee code, suppliers’ IREPS vendor
code and warranty period in number of months may also be included to have complete
traceability. Drawing/specification must specifically indicate the types of acceptable
marking mechanism/method. Marking method selection should be based on factors
like item function, item geometry, type of surface, item size, operating environment,
age/ life, criticality, cost, etc. Marking method prescribed in the drawing/specification
should be good enough to ensure that unique traceability is possible for the lifecycle of
the product and if not possible, at least up to the warranty period of the item.

(iii) Direct Part Marking (DPM) for items shall be done based upon the
criticality/cost/feasibility to have DPM of the item. The criticality/cost/feasibility shall be
decided by the concerned Railway Board Directorates depending upon the nature of
the item or/and its end use. This scheme will help in pin-pointing the responsibility,
shall improve traceability, accountability and performance monitoring of the item and
that of the supplier. Part Marking should be part of specification and should at least
indicate manufacturer’s name, lot/batch/item No., month, and year of manufacture in
MM/YY format. If possible, Purchase Order number and date, consignee code, IREPS
vendor code and warranty period in number of months may also be included. It shall
be responsibility of the firm to develop a unique coding scheme/mechanism for
ensuring traceability of its product. The firm shall intimate the same to the purchaser at
the time of supply. In case it is not possible to have these details as part marking on
the item, alternate marking scheme and its implementation may be decided by the
concerned Directorates.

(iv) Onus of marking and traceability as per purchase order shall be on vendor

(v) The record of fitment of item shall be captured digitally on UDM and/or other
applications / Maintenance Modules like CMM/FMM/SLAM/WISE/MU etc.

(vi) Capturing Warranty Period digitally in unambiguous terms:

a.) In terms of RB letter No. 78/RS(G)/777/1 dated 07/05/2004.

I. Warranty Clause specified in the tenders should normally be same as that in IRS
conditions of contract.

II. Wherever it is considered necessary to have Warranty Clause in technical

specifications at variance with Warranty Clause in IRS conditions of contract,
then technical department, while submitting the indents, and while providing the
specifications, will advise clearly about applicable Warranty Clause for
procurement to avoid problems at post contract stage.

III. While procuring the material, it should be ensured that the applicable Warranty
Clause is specified in tender documents clearly and in unambiguous terms

b.) Warranty clause if at variance with IRS conditions of contract shall be a specific
clause in the tender/PO and shall supersede warranty clause of IRS conditions
of contract. Page 10 of 12 Else it should be mentioned in tender conditions that
warranty as per IRS conditions of contract is applicable. Both should never be
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included in the tender.

c.) A field of Warranty period for the item under procurement may also be indicated
on IREPS while floating tender for the same.

d.) Data of warranty period should be captured in digital form in terms of number of
months and should get reflected in tender, contract, Inspection Certificate and
R/Note in digital form and should be known to the end-user.

e.) During inspection/receipt of the item, inspecting Agency and material accepting
authority shall ensure marking as per purchase order.

(vii) While issuing the stores, “Issue Note” should be linked with warranty period in months,
RO number, PO number/date and Depot Code as well, so that supply details and exact
warranty period is known to consignee/end user.

(viii) IMMS and UDM systems should be able to provide the complete supply details i.e. PO
No./ Date, Vendor Name, Challan No./Date, warranty period etc. for the consignment
to be rejected.

(ix) Online provision shall be made for entering the complete details of item as per Para
2.18.1 (iii) above by the vendor at the time of dispatch and that should be captured on
iMMS/UDM while accepting the material.

2.18.5 All efforts should be made to link the warranty rejected item with P.O. However, if it is
not possible to link the PO, warranty period mentioned in drawing/specification shall be
taken into consideration or if not mentioned therein, it shall be as per IRS conditions of
Contract. In such cases the warranty period shall be applicable from the end of month
next to manufacturing month mentioned on material (assuming that stores are supplied
after inspection after 30/45 days from the actual date of manufacture).

2.18.5.1 The Warranty settlement in such cases shall be as per para 2.18.2(B) above, except
following:-

a. As PO details shall not be available, details of PO, R Note, CRN etc may not be
included in Warranty Rejection Advice and other communications.

b. The value of rejected materials shall be decided on the basis of rate of component
as per latest PO available.

c. If Inspecting Agency of the rejected store is not known, warranty rejection advice
shall not be sent to inspecting agency and para 2.18.2(A)(v) shall not be applicable.

d. If Inspecting Agency of the rejected store is not known, the inspecting agency for
the replacement supplies shall generally be as per the inspection policy followed for
normal procurement or as per Para 2.18.2 (A-xiii) above.

2.18.6 Authority to adjudicate the disputed warranty cases and authority to decide
appeal-

(i) For all warranty rejection cases, the controlling officer of minimum JAG level of the
office issuing ‘Warranty Rejection Advice” shall be adjudicating the disputed cases. His
decision shall be binding on all the parties.

(ii) All the disputes, legal matters, etc. arising out of warranty claim shall be handled
directly by the office issuing the “Warranty Rejection Advice”.

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2.18.7 Handling Epidemic Failures-
Any recurring/large scale rejections from a particular lot will lead to epidemic failure
(i) Whenever the quantity rejected anytime during the warranty period exceeds 5% of the
total supplied lot against a particular contract, it will be considered as Epidemic Failure.
However, in case of failures related to items which are extremely critical from safety
consideration (like critical components or sub-parts of air brake system, wheel discs,
axles, propulsion system etc.), RDSO/PU may pre-define a lower percentage for
considering the occurrence of epidemic failure. This condition should be declared in
the tender document for procurement of such items.

(ii) Same steps as mentioned at para 2.18.2, as applicable, to be followed. However,

instead of rejecting only defected quantity, entire lot should be rejected. Even if some
quantity of such lot has been used/fitted, the same may also be identified and called
back from service, to the extent possible, by the concerned technical department for
issuing warranty rejection.

(iii) Joint Inspection shall be conducted as per extant provisions.

(iv) In case warranty rejection is established in joint inspection, the vendor shall replace
entire lot (as available, refer point ii above) duly inspected by inspecting agency as per
contract on his own expenses.

(v) Replacement supply should be inspected by the same agency which has previously
inspected the supplies.

(vi) Epidemic failure is essentially considered as very poor quality performance and should
be reflected on the performance of vendor/Inspecting agency accordingly

(vii) Concerned Inspection /Quality monitoring/Vendor approving agencies should conduct

root cause/failure analysis of the failure and QAP of vendor shall have to be re-
validated. They should also suggest improvement in inspection methodology/Quality
Assurance Plan to avoid failures.

2.18.8 In case the vendor disputes the Warranty Rejection as per Warranty Rejection Advice,
representation from vendor should be sent through IREPS system to the officer issuing
Warranty Rejection Advice within 7 days from the issue of Warranty Rejection Advice.
In such case a joint inspection shall be organised by the officer issuing Warranty
Rejection Advice for the grounds of warranty rejections mentioned in the Warranty
Rejection Advice.

2.18.9 In all cases of warranty rejections where items are appearing in the approved vendor
list of vendor approving agencies, information about such cases shall also be shared
with vendor approving agency as per Para 2.18(vi) above for performance monitoring
and capability/capacity assessment/delisting/down gradation of the vendor and review
of the design/specifications/STR if required. If required, based on merit of the case,
Vendor approving agencies may take appropriate decision on suspension of inspection

2.18.10 Data of the warranty rejections shall be analyzed item-wise and vendor-wise by the
Quality monitoring/vendor approving agency to identify the areas for improvements in
systems, processes and design/specification.

2.18.11 The recovered amount from the vendor should be credited in the same allocation of
the end use in which the item was originally procured.

2.18.12 Since complete process is being considered for digitisation, procurements (including
Railway Board procurements) which are not being done through iMMS, should also be
done through iMMS and Contracts issued through iMMS.

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Section 3 : Special conditions for procurement of M&P (Machinery & Plant)items

3.1 Bidder shouldIntegrated Bid Document

give clause-wise for e –tenders
comments and ofcompliance
PLW (IBD-R18)
on the technical
specification to indicate whether the product offered (Machine/Equipment) fully meets 32
the tender specifications. The bid should be accompanied with complete details
(technical parameters, drawing/specification etc.) of the quoted product.
3.2 Bidder should confirm that they will render quick after-sales service during the
warranty period of the machine and advise details of their after-sales network/office
which will render the said service.

3.3 Commissioning and Proving out of M&P :

3.3.1 The contractor shall arrange commissioning of the Machine/Equipment at the
premises of consignee and shall carry out necessary proving test to demonstrate the
performance of equipment to the entire satisfaction of the consignee.

3.3.2 The time allowed for commissioning of Machine/Equipment shall be the essence of
the contract. The Contractor (or his authorized agent) shall commission the
Machine/Equipment within stipulated time as mentioned in the contract. This time-
frame will be applicable from the date of intimation from the consignee in respect of
readiness of the machine/equipment for commissioning in cases where the
Machine/Equipment is to be installed by the consignee. The time schedule includes
the time for installation in cases where work of installation is also to be undertaken by
the contractor.

3.3.3 In the event of contractors’ failure to have M&P commissioned as per time-period
specified in the 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 the total contract
value.

3.3.4 Failure to install and commission the Machine/Equipment within stipulated time after
intimation from the consignee will be taken as breach of contract and Purchaser will
be at liberty to forfeit the SD (Security Deposit) furnished by the supplier without any
prejudice to other rights available to Purchaser under the contract. The continuance
of commissioning work after expiry of stipulated time will also constitute default for the
purpose of the above. The decision of the Purchaser, whether the delay in
commissioning is attributable to the contractor, shall be final.

3.4 Warranty:
3.4.1 The contractor shall warrant that the equipment supplied shall be free from defects on
materials & workmanship. Manufacturing quality shall be of the highest grade
consistent with the established and generally accepted standard for the type of
contracted goods and in full conformity with the specifications of contracted goods.
Unless mentioned otherwise , the period of warranty will be as per clause 3200 of IRS
conditions of contract.
3.4.2 Maximum down time during the warranty period will be 2% for online M&P and 10%
for offline M&P calculated on quarterly basis. A maximum period of 2 (two) weeks be
allowed for attending and rectification of faults during the warranty period.

3.4.3 A penalty of 0.5% per week (or part thereof) of the contract value will levied for delay
in response time for attending and rectification of faults beyond specified time during
the warranty period.

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3.4.4 Maximum penalty to be levied on account of warranty failure will be 5% of the contract
value calculated during whole of warrantee period and after that if there is any delay on
the part of supplier, the Purchaser shall be entitled for encashment of WBG (Warranty
Bank Guarantee). In such cases the bad performance of the supplier/vendor during the
warranty period will be recorded and circulated to all units of Indian Railways and it
would be considered as a negative factor by Purchaser/tendering agency in evaluation
of the vendor’s bids in future tenders.

3.4.5 All replacement and repairs that the purchaser shall call upon the contractor to deliver
or perform under this warranty shall be delivered and performed by the contractor
within 1 (one) week, promptly and satisfactorily. The warranty period will be extended
by the number of days the machine remains under breakdown during the warranty
period and the warranty Bank Guarantee would be returned only at the end of such
extended warranty period of the full machine.

3.4.6 The Contractor shall replace or repair the equipment or such portion thereof as is found
defective by the Purchaser, free of cost at the ultimate destination or at the option of the
purchaser, the Contractor shall pay to the Purchaser value thereof at the contract price
and such other expenditure and damages as may arise by reason of the breach of the
condition here in specified.

3.4.7 The decision of the Purchaser in regard to Contractor's liability and the amount, if any,
payable under this warranty shall be final and conclusive.

3.5 Normal payment terms will be as per clause 2.8.3 of this bid document.

3.6 The contractor during commissioning of the equipment will also impart training to the
employees of consignee for operation and maintenance of machine/equipment
supplied.
3.7 Maintenance Manual & Spares Parts:
Unless mentioned otherwise in the specification of tendered item, the contractor is
required to supply 2(two) copies of operation & maintenance manual alongwith the list
of spare parts along with the machine/equipment.

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Annexure : A-4.2 :
Format or BG (Bank Guarantee) for SD(Security Deposit)
Bank Guarantee (BG) No.
Date
Amount of BG
Validity of BG
Contract/Tender No.
To,
The President of India
acting through :
Principal Financial Adviser(PFA)
Patiala Locomotive Works
Patiala – 147003(Punjab)
1.0 Against contract concluded vide advance acceptance dated………issued(--------
(here in after called "the said Agreement ") by Principal Chief Materials Manager
(PCMM)/PLW-Patiala on behalf of the President of India (hereinafter called “ the
Government ”) in tender No………… ….. opened on ……….for supply of
………………………...(Description of goods and services)by M/s ................. (hereinafter
called “ the said Contractor ”) and as per terms and conditions of tender/advance
acceptance , security deposit (SD) is required to be submitted by the said
Contractor as security towards the performance of contract and the said
Contractor has approached us for same , we …….. ………(Name of Bank) issue
this Bank Guarantee …………….dated……… for Rs ------------------- (Rupees -------
only),
2.0 We (Bank) do hereby irrevocably undertake and guarantee to pay to the
Government 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 of any of the terms or
conditions contained in the said Agreement or by reason of the said Contractor’s
failure to perform the said 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 ------------------ --.
3.0 We (Bank) undertake to pay to the Government any money so demanded
notwithstanding any dispute or disputes raised by the said Contractor in any suit or
proceeding pending before any Court or Tribunal relating thereto our liability under
this present being absolute and unequivocal. The payment so made by us under
this Guarantee shall be a valid discharge of our liability for payment there under
and the said Contractor shall have no claim against us for making such payment.
4.0 We (Bank) further agree that the Guarantee herein contained shall remain in full
force and effect during the period that would be taken for the satisfactory
performance of the said Agreement and that it shall continue to be enforceable till
all the dues of the Government under or by virtue of the said Agreement have been
fully paid and its claims satisfied or discharged or till the official authorized by the
Government (Purchaser : Principal Chief Materials Manager /PLW-Patiala) certifies
that the terms and conditions of the said Agreement have been fully and properly
carried out by the said Contractor and accordingly discharges this Guarantee.
Unless a demand or claim under this guarantee is made on us in writing on or
before the ---------------(date) , we shall be discharged from all liability under this
Guarantee there after

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5.0 We (Bank) further agree that the Government shall have the fullest liberty without
affecting in any manner our obligations hereunder to vary any of the terms and
conditions of the said Agreement or to extend time of performance by the said
Contractor 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 and to
forbear or enforce any of the terms and conditions relating to the said Agreement
and we shall not be relieved from our liability under this Bank Guarantee by reason
of any such variation or extension being granted to the said Contractor or for any
forbearance and/or omission on the part of the Government or any indulgence by
the Government to the said Contractor or by any other matter or thing whatsoever
which under the law relating to sureties would, but for this provision, have effect of
so relieving us from our liability under this Bank Guarantee.
6.0 This Guarantee will not be discharged due to the change in the constitution of the
Bank or the Contractor
7.0 We (Bank) undertake not to revoke this Guarantee during its currency except with
the previous consent of the Government in writing
8.0 This Bank Guarantee shall be irrevocable and shall remain valid upto 04.00 P.M.
on…………..(date). If further extension to this guarantee is required, the same
shall be extended for such required period on receiving instructions from the said
Contractor on whose behalf this Bank Guarantee is issued.

Date Signature of Bank’s official

Place Name
Signature of Bank’s common seal
witness
Name, Address of Bank
Address and
Phone No.

Phone No.
Email
Note: Bank guarantees (BG) is acceptable from all nationalized/scheduled banks and it should
be executed on non-judicial stamp paper of appropriate value duly attested by Notary Public or
Executive Magistrate. BG should be sent by the issuing Bank directly to the concerned authorities
of Purchaser, under registered post AD (acknowledgement)..

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Annexure : A-4.3 :
Format of BG for Warranty (WBG)
Bank Guarantee (BG) No.
Date
Amount of BG
Validity of BG
Contract No.
To,
The President of India
acting through :
Principal Financial Adviser (PFA)
Patiala Locomotive Works
Patiala – 147003 (Punjab)

1.0 Whereas M/s. _, hereinafter called the “Sellers”

have agreed to sell to you (hereinafter referred to as the “Government”)_Nos. of
_ (Description of goods and services) as
per Contract No._ dated_ (hereinafter called “the said
contract”).

2.0 And whereas according to the terms of said contract, it has been stipulated that
payment of balance amount of the value of the stores would be made, provided that
the Sellers furnish to the Purchaser a Bank Guarantee from a recognized Bank,
acceptable to the Purchaser for 10 per cent of the value of the said contract, valid for
a period covering in full the Warranty obligations and Warranty Period as per the
terms and conditions of the contract.
3.0 And whereas the Sellers have approached us to give the said Bank Guarantee on
their behalf in your favour for an amount representing 10 per cent of the values of
contract which you have agreed to accept.
4.0 That in consideration of the promises and at the request, of the said Sellers, we
hereby irrevocably undertake and guarantee to pay to the Government of India or at
such other place as may be determined by you forthwith on demand and without any
demur, any sum up to a maximum amount of Rs. (in
figures and words) representing 10 per cent of the value of the Stores dispatched
under the said contract in case the Sellers make default in paying the said sum or
make any default in the performance, observance or discharge of the guarantee
contained in the said contract.
5.0 We agree that the decision of the Government whether any default has occurred or
has been committed by the Sellers in the performance, observance or discharge of
the guarantee aforesaid shall be, conclusive and binding onus.
6.0 The Government shall be at liberty, from time-to-time, to grant or allow extension of
time or give other indulgence to the said Sellers or to modify the terms and
conditions of the said contract with the said Sellers without affecting or impairing this
guarantee or our liability here under
7.0 We undertake to pay to the Government any money so demanded notwithstanding
any dispute or disputes raised by the Sellers 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
validdischargetoourliabilityforpaymentthereunderandtheSellersshallhaveno
claim against us for making such payment.

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8.0 Bank guarantee comes into force when the balance ten percent of the value of the
stores shipped per Vessel_ vide Bill of Lading No._
dated _ or R/RNo. dated_ (in the case
of indigenous contracts) under the said contract, has been paid and will remain in full
force and effect upto i.e.for months counted from the date of placing
the stores in services, and shall continue to be enforceable for further six months i.e.up
to (date), hereinafter called the said date.

9.0 This guarantee will not be discharged due to the change in the constitution of the
Bank or the Sellers.

10.0 We (Bank) undertake not to revoke this Guarantee during its currency except with
the previous consent of the Government in writing
11.0 This Bank Guarantee shall be irrevocable and shall remain valid upto 04.00 P.M.
on…………..(date). If further extension to this guarantee is required, the same
shall be extended for such required period on receiving instructions from
thesaidcontractor on whose behalf this bank guarantee is issued.

Date Signature of Bank’s official

Place Name
Signature of witness Bank’s common seal
Name, Address and Address of Bank
Phone No:

Phone No.
Email
Note: Bank guarantees(BG) is acceptable from all nationalized/scheduled banks and it should
be executed on non-judicial stamp paper of appropriate value duly attested by Notary Public or
Executive Magistrate. BG should be sent by the issuing Bank directly to the concerned authorities
of Purchaser, under registered post AD (acknowledgement).

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Annexure: A-4.4:
Mandate form for NEFT/RTGS
From: To:
M/s. Dy. FA & CAO
Patiala Locomotive Works
Patiala-47003 (Punjab)
Sub : Details for payment through NEFT/RTGS
Our payments may be made through the NEFT/RTGS scheme of RBI/Railways account
as per following details
1. Name of supplier as per Bank Account
2. Address of supplier

3. Email of supplier
4. Mobile No. of supplier

5. Name of Bank
6. Name and address of Bank’s Branch

7. Telephone / Email / Fax of Branch

8. Code No. of Bank

9. Code No. of Bank’s Branch.
10. Account No.
11. Type of Account
(Saving/Current/Cash Credit)
12. IFSC code for NEFT
13. MICR No.
Note :
1. Please attach a blank cancelled cheq
ue of your above bank account or front page of you passbook issued by Bank for
verification of the particulars.
2. Please submit original copy of this mandate (signed I ink) to the Purchaser within 10
days of tender closing.
I hereby declare that the particulars given above are correct and complete. If the
transaction is delayed or not effected at all for reasons of incomplete or incorrect
information, I would not hold the user institution responsible. I have read the option
invitation letter and agree to discharge the responsibility expected of me as a participant
under the scheme.
Certified that the particulars furnished above
are correct as per our records.
Signature of the supplier with stamp
Address
(Signature of Bank’s authorized official with Mobile No.
stamp)
Date

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Annexure: A-4.5:
Check List to be filled-in by the bidders for import offers
# Check-point Remarks
Have you submitted the authorization letter authorizing your Indian
1. Yes/No
agent (IA) to quote in this tender?
Have you indicated the complete name and address of IA and
2. Yes/No
details of the services to be rendered by the agent?
3. Is the agent going to render after sales service? Yes/No
Incase the answer to # 3 is yes, please confirm that IA has necessary
4. Yes/No
infrastructure and competent Staff to render the same.
5. Have you submitted a copy of your agency agreement with your IA? Yes/No
6. Manufacturer or their agents may note that an agent can represent To be noted
only one firm in a tender and any manufacturer cannot submit two and agreed.
offers against a tender through different agents or one directly and
one through agent. In such a situation both the offers will be
rejected.

Have you indicated PAN (Permanent Account number) for

7. Yes/No
Income-tax of your IA
Are you aware that any payment against the contract, if placed to
8. your IA directly by you in currency other than in Indian Rupee is Yes/No
against the Indian laws?
Are you aware that failure to disclose the full amount of
.9. remuneration/agency commission payable to your IA shall render Yes/No
the contract void?

(Signature of the bidder with stamp)

Date Address

Place Email
Mobile No. Fax No.

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Annexure : A-4.6 :

Criteria and Format for aspect of Sister-concern of firms/vendors/bidders

A, The firms qualifying the following criteria shall be categorized as Allied/Sister-concerns:

i) Proprietary Firms All the firms owned by the same person shall be considered as Allied
/ Sister-concerns.
ii) Partnership Firm a) All the firms having the same set of partners.

b) Firms having one or more common partner(s), having profit

sharing ratio of 20% or more in the firms.

iii) Companies a) Firms having one or more common Director(s) or any of his/her
close relative has one-third or more shareholding in the firms.

b) Firms having common share holder having one-third shares or

more in the firms.

iv) Other Conditions In addition to this, the firms/companies operating from same office or
having same manufacturing works shall be treated as allied/sister
concern.

B. Information and declaration regarding Sister-concern (to be filled-in by bidder)

1. Type of firm Proprietary/ Partnership/Company:
2. Name & address of owner
3. For Partnership firms :
Name & Address of Partner, with their profit-sharing ratio.
(attach self-certified copy of latest supporting documents : deed of partnership and
Certificate from Registrar of firms)
SN Name of Partner Father’s name Age Address Profit sharing Ratio
/ Percentage Share

4. For Companies :
Name & Address of Director and their relation to the person holding shares
(attach self-certified copy of latest supporting documents : Certificate of company
Registration, Memorandum and Articles of association)
SN Name of Partner Father’s name Age Address Profit sharing Ratio
/ Percentage Share

5. Name & Address of Shareholder having shares more than one-third of total shares.
SN Name of Partner Father’s name Age Address Profit sharing Ratio
/ Percentage Share

6. Address of office and

manufacturing works from
where Firm/Company is
operated.

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7. Details about sister-concerns (Firms either approved for the tendered item or quoted in
present tender directly (or through their dealers)
SN. Name of Firm Type of Firm Work Place Address Ownership Business
(Proprietary/ details details
Partnership/ (Name and
Limited Percentage
Company) Share)

8. Declaration I hereby certify the information furnished by me/us is correct and

true, I have read tender conditions and fully understand that If it is
found at any stage of tender/contract that there been wrong
information or concealing of facts on part of bidder/supplier, it shall
render the bid/contract liable for rejection/cancellation, in addition
to other penal action which may be taken by Purchaser under
provisions of laws governing the tender/contract.
Signature of authorized
representative of bidder
Name of signatory

Address

Phone No./Mobile
Fax No.
Email

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Annexure : A-4.7 :

Bid securing declaration to be 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”.

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Section 6 : Guidelines for Electronic Reverse Auction

(Authority : Rly Board’s Letter no.2017/Trans/01/Policy/Pt-S Dated: 28.3.2018 &
RS(M)/2011/EPS/01 Pt. Dated : 18.10.2019)

6.1 Selection Criteria for tender cases of Stores proposed through Reverse Auction
(e- RA) Route:-
(a) Purchase through e-Reverse auction shall normally be made for stores tender
valued more than Rs. 5 Crore.
(b) The process of procurement through Reverse Auction shall be followed only in
case of tenders where there are at least three approved vendors (where bulk
procurement is to be from vendors approved by RDSO/CORE/PUs etc.) or at least
three proven/likely competitive sources, prima facie competent for execution of bulk
ordering.
(c) Financial Bids in single currency/Parameters only shall be allowed.
(d) However, final decision regarding mode of tendering lies with purchaser.
6.2 Procedure for award of contracts through Reverse Auction.
(a) The procedure discussed herein shall be fully implemented through IREPS. Any
reference to Reverse Auction in these instructions shall imply e-RA.
(b) Conduct and reporting of Reverse Auction shall be as per clause 6.9.
(c) Each tender shall clearly specify essential technical and commercial Parameters
in a transparent manner. No deviation to such essential Technical & Commercial
conditions shall be permitted to the vendors in the electronic bid form.
6.3 Technical Bid and Initial Price Offer :
(a) Procuring authority shall decide the bid evaluation criteria in the tender itself, i.e.
whether the evaluation shall be item-wise, consignee-wise or overall tender value
wise.
(b) Bidders 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
Developmental 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) Technical & Commercial evaluation of bids shall be done by a Tender
Committee, as per extant guidelines, delegation and the estimated value of tender.
Recommendations of Tender Committee shall be considered by Tender Accepting
Authority, as per existing guidelines.
(e) Initial Price Offer of only those bidders categorized as Qualified for
Developmental Order or Qualified for Bulk Order, shall be opened and tabulated by
system separately, category wise. Extant instruction for electronic tabulations shall
apply for tabulation of Initial Price Offers.
6.4 Financial Bid :

6.4.1 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:-
6.4.1.1 Selection of vendors for Reverse Auction for bulk ordering :-
Number of tenderers Number of Tenderers Remarks
Qualified for Award of to be selected for
Contract/ Bulk Order Reverse Auction
<3 Nil* The bids disallowed from
participating in the Reverse
3 to 6 3 Auction shall be the highest

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More than 6 50% of Vendor Qualified bidder(s) in the tabulation of
for Bulk Order/award Initial Price Offer. In case the
of highest bidders quote the
contract (rounded off to same rate, the Initial Price
next Offer received last, as per
higher integer) time log of IREPS, shall be
removed first, on the principle
of last in first out, by IREPS
system itself.
Note:
(i) *If
the number of tenderers qualified for Bulk Order/Award of Contract is less than
3, RA shall not be done and tender may be decided on the basis of Initial Price
Offer(s).

Selection of vendors for Reverse Auction for Developmental ordering:Offers

(ii)
qualified for Developmental 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 e-RA.

(iii)MSE Criteria: All MSEs (Micro & Small Enterprises) found Qualified for
Bulk/Developmental Order/Award of Contract but could not be selected for Reverse
Auction as per criteria stipulated in Para 6.4.1.1& 6.4.1.1note (ii) 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 the
interse 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 Para
6.4.1.1&6.4.1.1note (ii) above. The 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.

(iv) 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 Para 6.4.1.1
& 6.4.1.1 note (ii) 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.
6.4.1.2 During Reverse Auction process, bidders shall not be allowed to bid a rate higher than
the lowest Initial Price Offer.
6.5 Reverse Auction among bidders categorized as Qualified for Developmental Order
and Qualified for Bulk Order shall be conducted concurrently on IREPS/suitable
platform in stores tenders. Qualified Bidders shall only 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 shall 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.

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6.6 Quantity to be covered on developmental orders shall be limited to 20% of the net
procurable quantity. Developmental Orders shall be placed in terms of Railway
Board Letter No.99/RS(G)/709/1/Pt. Dated 13.01.2015. The quantity covered on
developmental orders may be within or outside NPQ, which may be decided by
TC/TAA before conduct of Reverse Auction.
6.7 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 in terms of Para 6.4 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.
6.8 The level of tender committee to consider the final price offers shall be determined
on the basis of lowest initial price offer of bid qualified for bulk order, as opened prior
to Reverse auction. In case of level of tender committee which evaluated technical &
commercial bids as per Para 6.3 (d) was higher than the level of TC competent to
consider lowest initial price offer of bid qualified for award of contract/bulk order, the
higher level of TC shall continue to finalize such tender cases.
6.9 Procedure for Conduct and Reporting of R.A. :

6.9.1 The tendering authority shall solicit bids through an invitation to the electronic
Reverse Auction to be published or communicated in accordance with the provisions
similar to e- procurement.
6.9.2 The tendering authority shall fix the following, on case to case basis, depending
upon the nature of item and complexity of case on hand. These shall be indicated in
the tender for e- RA itself.
(a) Initial e-RA period: This shall be the initial time interval for e-RA. e-RA shall be
opened for this duration.
(b) Auto extension period: In case any offer is received in the time period equal to
auto extension period before close of initial e-RA period, the e-RA shall be extended
for time equal to auto extension period from the time of last bid. There shall be no
upper limit on number of auto extensions. When no offer is received in the last auto
extension period ,e-RA shall close.
(c) Minimum decrement in percentage of value of the last successful bid.
6.9.3 Date and time for start of e-RA shall be communicated to qualified tenderers by the
tendering authority after evaluation of the Technical Bids.

6.9.4 After submission of Initial Price Bid, tenderers will not be allowed to revise the taxes
and other levies.

6.9.5 During auction period, identities of the participating tenderers will be kept hidden.

6.9.6 Minimum admissible bid value will be last bid value minus minimum decrement as
specified by the tendering authority before starting of reverse auction. Starting
point for reverse auction shall be the lowest Initial Price Bid of the tenderer eligible
for award of contract.
6.9.7 After close of the RA, tabulation of last (minimum) bids received from the tenderers
will be generated and made visible to Railways and participating tenderers.

6.9.8 Railway users can also view the bidding history in chronological order.

6.9.9 Bidders shall not be allowed to withdraw their last offer.

6.9.10 L-1 will be defined as the lowest bid obtained after the closure of R.A.

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Annexure : A-4.11 :

Certificate for Compliance of OM of MOE dated 23.07.2020

"Ihave read the clause regarding restrictions on procurement from a bidder of

a country which shares a land border with India; I certify that this bidder is not
from such a country or, if from such a country, has been registered with the
Competent Authority. I hereby certify that this bidder fulfills all requirements in
this regard and is eligible to be considered. [Where applicable, evidence of
valid registration by the Competent Authority shall be attached.]"

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