INSTRUCTIONS TO TENDERERS &

GENERAL AND SPECIAL CONDITIONS OF CONTRACT

 

INSTRUCTIONS TO TENDERERS

 

These are General tender conditions and instructions to vendors for supply tenders. For Electronic tender’s instructions Vendors are advised to visit Western Railways website at www.ireps.gov.in and read carefully all the instructions as are applicable for Electronic tenders from the attached folders called ‘Instructions for E-Tenders’ on vendors Home page.

 

1.         GENERAL INSTRUCTIONS TO TENDERS FOR ELECTRONIC TENDERS:

 

1.1     On behalf of the President of India, the Controller of Stores, Western Railway, Churchgate, Mumbai 20, INDIA (hereinafter referred to as the Purchaser), invites electronic tenders for the supply as set forth in the NIT and “Item details” page attached with each electronic tender "Rate page screen".

 

1.2     The commercial offers must be filled in the prescribed standard "Rate page screen" form enclosed with every Electronic Tender Notice and should be submitted with valid Digital signatures obtained from an approved Certifying Agency before the stipulated due time and date fixed for the receipt of offers as set forth in the tender details on the main screen.

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NOTE 1.0: Vendors who do not obtain valid Digital certificates from an approved agency as approved by Govt. of India (herein after called as C.A.) shall not be permitted to participate in any electronic tenders as issued and uploaded by Western Railway on the website.

 

Note 2.0: Offers submitted after stipulated time and date will not be received by Western Railway and will be considered as INVALID Offers and will not be received and summarily ignored.

 

1.3     The contract, if placed, shall be governed by the latest version of Indian Railways Standard (IRS) Conditions of Contract as supplemented by Special Conditions of Contract and Instructions to Tenderers contained in this folder and also available in similar document folder called as General and Special conditions for Supply tenders” similar to Stores Department which may also be attached with every electronic tender document as an attached Folder.

 

1.4     The stores offered should be in accordance with stipulated drawings and specifications as given in the ITEM DETAIL PAGE as attached with every electronic tender. The offers should comply with the Instructions to Tenderers, IRS, General and Special Conditions of Contract.

 

1.5     Details of deviations, if any, from tender specification and other conditions should be clearly indicated in deviation statement folder as attached with every Rate Page for submitting digitally signed offers against an electronic tender. The Purchaser, however, reserves the right to accept or reject these deviations and his decision thereon shall be final.

 

2 .        QUALIFYING REQUIREMENTS OF TENDERERS:

 

2.1     If a tenderer is not registered with Western Railway or is not an approved source for the tendered item with Western Railway / RDSO / DLW / CLW / ICF / RCF / CORE, etc. he shall provide a satisfactory evidence acceptable to the Purchaser by attaching scanned copies of such documents in the “Attach document folders” to show that :

 

a)       he is an established manufacturer, who regularly manufactures the items offered and has adequate technical knowledge and practical experience;

b)       he has adequate financial stability and status to meet the obligations under the contract for which he is required to submit a copy of the report from a recognized bank or a financial institution;

c)       he has adequate plant and manufacturing capacity to manufacture the

items offered and supply within the delivery schedule offered by him;

d)       he has established quality control system and organization to ensure that there is adequate quality control at all stages of the manufacturing process.

 

2.2     For purpose of para 2.1, the tenderer should additionally attach and submit:

 

a)       A performance statement in the PERFORMANCE STATEMENT FOLDER as attached with every Rate Page of an electronic tender giving a list of major supplies affected in the recent past, of the items offered by him, giving details of the purchaser’s name and address, order No. and date, quantity supplied and whether the supply was made within the delivery schedule. Vendors can also create such performance statement in PDF or Word or Text format separately and can also attach performance details as an attached document in the ‘document folder’ as available with every Rate Page of an electronic Tender. Vendors must digitally sign each attached document and can also encrypt the document details for security by using freely downloadable utilities for digital signing and encryption from Western Railways website www.ireps.gov.in.

b)       A scanned copy of statement indicating details of equipment employed and quality control measures should also be attached as an attached document in the” “Attach document folder” as per Annexure 1.

 

2.3     The tenderer shall clearly indicate whether he is registered with COS, Western Railway for the quoted item and if so he must mention his registration number along with monetary limit, if any in the "Rate page (in the Remark text box as provided below in every Rate Page)". If the tenderer is registered with NSIC, he must also attach a scanned copy of valid NSIC certificate showing monetary limit and the items for which registered. In case the tenderer is approved by RCF/ CLW/ DLW/ ICF/ RDSO/ CORE for the quoted item, a scanned copy of the approval must be attached in the “attach document folder” along with his duly filled "Commercial Rate page".

 

2.4     The Railway reserves the right to order either the entire or the bulk quantity on the approved sources and the offers of new entrants may be considered only for an educational order of small quantity.

 

2.5     For items reserved for procurement from Small Scale Industries:

 

The offers of SSI Units registered with NSIC for the particular item will only be considered. SSI Units registered with NSIC should participate in tender directly enclosing copy of NSIC certificate and offers from their agents will not be considered. Offers of non-NSIC registered firms will be considered only in case suitable offer of NSIC registered firm is not available.

 

2.6     Should a tenderer have a relative employed in Gazetted capacity in the Stores Department of the Western Railway or in the case of a partnership firm or company incorporated under the Indian Company Law, should a partner or a relative of the partner be employed in Gazetted capacity in Stores Department of Western Railway, the authority inviting tenders shall be informed of the fact at the time of submission of tenders, in the "Remark column in the Rate page", failing which the tender may be rejected, or if such fact subsequently comes to light the contract may be rescinded.

 

2.7     Tenderer not submitting the requisite information may note that his offer is liable to be ignored.

 

3.         DELIVERY TIME SCHEDULE:

 

3.1     Tenderers should invariably quote firm delivery period in their offer. If the quoted delivery period spreads over several months, the date of commencement, monthly rate of delivery and the date of completion of delivery must be indicated.

 

3.2     In the case of “ex-stock” offers, the dispatch of stores is to be effected within 7 days of the receipt of order. Wherever the stores are subject to inspection by RITES / RDSO etc. before dispatch, extra time of 3 weeks will be allowed to cover time in inspection.

 

3.3     In case of delivery by rail, the date on which stores are placed on Rail after inspection, RR / PWR date will be the date of delivery. In case of local delivery, the date of delivery to consignee will be taken as date of delivery. For out station dispatches, if sent by lorry, the date of receipt of material by consignee will be taken as date of delivery.

 

3.4     The tenderers should quote the delivery period / delivery schedule carefully, because the time and date for the delivery of stores shall be the essence of the contract and delivery must be completed not later than the date so specified. The attention of the tenderers is invited to clauses 0700, 0701 and 0702 of the IRS Conditions of Contract, which shall govern the contract.

 

4 .        TENDER DOCCUMENTS COST AND EARNEST MONEY:

 

4.1      Vendors can submit tender document cost and Earnest money as stipulated in each E-Tender either manually by paying cash in favour of FA&CAO, W.Rly., Churchgate, Mumbai 20 AND INDICATE SUCH DETAIL OF CASH RECEIPT, AMOUNT, BANKERS NAME DATE ETC IN THE Payment Detail page using the action button marked as $ in the search result on www.ireps.gov.in website or details of demand draft/pay order etc. Payment gateway facility: Vendors can also remit the tender cost and Earnest money cost online using their own valid credit card / debit card (in lieu of cash) vendor can use payment gateway option as is available on the website for E-tendering by using the $ action button on tender search result page and fill & submit required data about amount bank, credit/debit card details in the menu driven screens which r as per approved guidelines of RBI.

 

5.         EARNEST MONEY:

 

5.1     The tenderers are required to deposit earnest money equivalent to two and a half percent (2-1/2%) of the value of their offer rounded off to nearest hundred subject to ceiling of Rs.1 lakh. If a tenderer does not furnish the earnest money, he should clearly indicate in his offer as to why he has not furnished the same and failure to do so will be taken as unwillingness on his part to deposit the earnest money. The earnest money should be deposited either in cash with Divisional Cashier, Western Railway, Churchgate, Mumbai creditable to “Deposit Misc. Account Stores” and the cash receipt should be attached with the tender or in any of the following forms:

 

a)       Fixed deposit receipts, Call deposit receipts, Pay orders, Demand drafts of scheduled banks of India approved by RBI, drawn in favor of FA&CAO, Western Railway, Churchgate, Mumbai.

b)       Bank Guarantee from any Scheduled Bank in the prescribed form as per Annexure 2. The bank guarantee should be valid for 1 month beyond the required validity period of the offers.

 

5.2     No interest shall be payable on the Earnest Money.

 

5.3     The Purchaser reserves the right to forfeit the earnest money deposit, if the tenderer fails to deposit security money in terms of item 1 of special conditions of contract.

 

5.4     The under noted categories of tenderers need not deposit earnest money:

a)       Government departments

b)       Small Scale Industrial Units holding NSIC registration for the tendered item.

c)       Firms borne on WESTERN Railway’s list of registered / approved suppliers.

d)       Firms on approved list of DGS&D for the tendered item

e)       Firms on approved list of RDSO, DLW, CLW, ICF, RCF and CORE for tendered item.

f)       Manufacturers and their accredited agents subject to a certificate of authorization from the manufacturer to participate in the specific tender being submitted as an attached document with the offer as per Annexure 3.

 

5.5     The refund / return of earnest money to the unsuccessful tenderers becomes due as soon as the tenders are decided, the results of which are also published in the Fortnightly Stores Bulletin.

 

6.         SUBMISSION OF ELECTRONIC OFFERS:

 

6.1     The tenderers should submit ONLINE ELECTRONIC OFFERES BY VISITING W.Rlys. Website at the address www.ireps.gov.in and submit online offers by using Advanced search option after logging into the EPS WEBPAGE by giving their valid Login I.D. and his Password. Vendors can directly submit electronic offers after filling standard Rate Page and after digitally signing the Rate Page and all the other attached folders such as

 

1.0     Compliance to Special conditions folder

2.0     Performance statement folder

3.0     Deviation statement folder

4.0     Attach document folder

 

and can submit online offers only after attaching their valid Digital Certificate (digitally signing) as obtained from G.O.I. approved Certifying agency.

 

NOTE: MANNUAL OFFERS IF SUBMITTED AGAINST AN ELECTRONIC TENDER MAY NOT BE CONSIDERED AND MAY BE CONSIDERED AS INVALID OFFERS AND SUMMARILY REJECTED.

 

All the ELECTRONIC OFFERS shall have to be Digitally signed and will get auto encrypted using highest level of digital security before such offers are received in the time locked electronic tender box. In case of any difference in rate in words and figures, the lower of the two will prevail.

 

6.2     The offers should strictly conform to the specified description and drawing /specification in schedule of requirements and no samples need be submitted unless so mentioned in tender form. When samples are required, the same must strictly conform to description, drawing / specification as mentioned. Samples submitted will be considered as supplemental and not in super-session to any specification mentioned and such samples will only be considered in relation to those points which are not defined in the specification. The onus of drawing attention to any particular item in which a tenderer wishes his samples to supersede or vary specification lies on tenderer. In the absence of specific acceptance in writing to any variation, the purchaser shall be entitled to reject any claim for acceptance of supply embodying such variation. When samples are called for they should be marked, sealed and labeled so as to correspond with the items of the tender. They should be sent “Freight Paid” to the same address as per the tender arrangements should be made to see that they arrive by the opening time and date of the tender otherwise offers are liable to be rejected. Samples submitted by the tenderers which are of the value of Rs.100/- or less will not be returned to them. For samples valuing above Rs.100/-, the tenderer must state on the tender form if he requires the return of unaccepted samples failing which they will be retained by the purchaser. Unaccepted samples will be returned to firms on application who may arrange collection of the same from COS office. Firms with whom orders are placed should refrain from sending advance samples unless called for and should make supplies strictly as per tenders or orders placed with them.

 

6.3     The Digital certificate must be obtained in the name of the person who is authorized by the company/vendor to submit electronic offer and authorized to Sign (same as digital signing as per I.T. ACT 2001). All the details of the Digital certificate as obtained from the C.A. showing the Identity of the person who is authorised to sign and submit an electronic offer will get auto attached along with the electronic offer and can be verified by the Railway at a later stage to establish the identity of the person who has digitally signed and submitted his electronic offers. This is similar to an authenticated copy of the document, which authorizes the signatory to commit on behalf of the firm, to accompany the offer.

 

6.4     Electronic offer submitted in the prescribed Rate form shall be addressed to President of India through Controller of Stores, Western Railway, Churchgate, Mumbai. Only one Offer should be submitted for each item of the tender.

 

6.5     Revised offer: Electronic offer once digitally signed and submitted for one or all the item/items can not be accessed or revised later and shall remain fully secured confidentially stored into time locked E-tender box in an encrypted form till the due date and time of opening which shall be permitted to two authorised Railway officials who shall be authorised by Western Railway to open e-tender box with their secured digital and password permissions only.

 

6.6     Vendors can however submit a revised commercial offer (“Rate page”) anytime before the stipulated opening date and time and in such case the last Revised offer submitted at a later time and date shall be considered as the offer superceding all the previously submitted offers for that item/items of the tender.

 

6.7     All tenderers should submit performance statement as in the “Performance folder” giving list of major supplies offered in recent past, of the items offered by them giving details of purchasers’ name and address, order No. and date, quantity supplied and whether supply was made within delivery schedule.

 

6.8     Tenderers should fill and submit all the standard pages such as Rate Page for commercial rates, performance folder, compliance to special condition folder and deviation page also attach scanned copies or Text statements by attaching the document folder.

 

NOTE: In case vendor do not attach any performance with their electronic offer their supply performance shall be treated as NIL.

 

6.9              Compliance to Special conditions: Vendors are advised to fill “compliance to spl. tender condition” folder with each offer by specifically stating “yes” or “No“ against each special condition and in case of a “No” must fill reason for not agreeing with that special condition in the remark entry box as provided therein.

 

NOTE:  In case vendor do not fill and submit any compliance to spl. Condition folder it shall be treated as the offer comply with all the spl. tender conditions.

 

6.10    All tenderers are advised to indicate their Banker’s name and account number in their offers. This information is needed for the purpose of cheques for payment against the contract, if placed, being issued with indication of bank account No. etc. to safeguard against misappropriation of cheque. Such information can be submitted in the web page attached with the Payment Gateway link to the e-tender.

 

6.11    For guidance of tenderers, Vendors are advised to view and read carefully the instructions separately attached as 'Instructions to Vendors for electronic tenders' as available in the attached folders in the Home page of the website having address as www.ireps.gov.in which may be read carefully before submitting electronic offers directly using internet.

 

NOTE: An online Acknowledgement in HTML will be issued by Western Railway after submission of digitally signed in-time valid offers signed with valid digital certificate and will be given immediately online to each vendor on submission of in time offer submitted within tender opening time and date as pre-stipulated with each electronic tender.

 

6.12    Electronic Tender Box opening:

 

Electronic Tender boxes will be maintained in the secured Server and will be Time locked and can be opened only after stipulated opening date and time as shown in each electronic tender NIT Page.

 

NOTE: Each electronic tender box can be opened only after pre-stipulated time and date as fixed and notified for this purpose. Electronic tenders can be opened only with secured digital permissions of minimum two authorised Railway officials. Tenderers are advised to ensure that their electronic offers are submitted well within pre-stipulated date and time as notified in the E-Tenders. Electronic offers if submitted after the pre-stipulated date and time will not be received and vendor will be notified that 'You can not submit offer as you are late.No “LATE OFFERS” shall be permitted /received against an Electronic Tender.

 

6.13    The Electronic offers submitted within due date of tender opening time and date as pre stipulated shall be opened by two pre-authorised Railway officials using their secured Digital permissions and passwords and also their own digital private keys as obtained from Govt. of India approved Certifying Agency, and will be first decrypted and verified for establishing the Legal identity of digital Signer of each electronic offer/offers.

 

6.14: Online viewing of E-Tender box opening:

 

All the participating Vendors who submit valid electronic offers can view and access E-Tender box opening event after stipulated date and time of tender opening from any remote location using internet access by visiting W.Rly's website www.ireps.gov.in and also view his own offer details as well as the Tender Tabulation statement which is generated based on ALL inclusive Rate per unit of all the commercial offers as electronically received.

 

NOTE: Vendors need not be present at time of tender opening as after the E-tender-box opening (decryption and verification and acknowledgement of digitally signed offers is complete) can directly view and access such offer details from the website links. Such as “View Tabulation” Online Tabulation statement of all electronic commercial offers can also be downloaded by participating Vendors for records and transparency.

 

7.         PRICE BASIS & EVALUATION CRITERIAN:

 

Vendors are advised to please read carefully the instructions as contained in the document folder "Instructions to Vendors for electronic Tenders" as available on Vendors HOME Page on W. Rly. website www.ireps.gov.in

 

7.1     The commercial offer details (RATE PAGE) shall be submitted using standard Rate page having separate entry box for each element of rate .The price quoted shall be firm. The Vendors must fill basic rate and other rate components such as taxes and duties, freight elements, discounts etc in each entry box as provided in the Rate Page. The All inclusive rate per unit shall be auto calculated automatically considering all the elements of rate components as filled before Submitting the offer and will be shown before vendor submit his digitally signed electronic offers. Vendors can revise any or all rate entries before submission and before digitally signing his electronic offers. Vendors cannot revise an electronic offer after digital signing and submission of an electronic offer. Vendors are therefore advised to check, and revise any or all the entries in the rate page before signing digitally and SUBMIT an electronic offer. ALL offers will be evaluated after taking into account the All inclusive destination rate per unit which will also be shown to the vendor before submission of his electronic offer. Vendors shall indicate price on free delivery to destination basis, which shall include all state and central taxes and excise duty (maximum duty slab as applicable or can become applicable during currency of contract) leviable and all charges for packing, cartage, loading, forwarding, octroi charges (where Octroi exemption certificate issued by the consignee is not acceptable to concerned authorities). In addition, a complete break up showing ex-factory price, excise duty, taxes, handling & freight charges shall also be given.

 

7.2     The tenders will be evaluated by the Purchaser on free delivery to destination basis, to ascertain the best and lowest acceptable tender, as specified in the specifications and tender documents.

 

7.3     Claim for any tax or duty not stipulated in the quotation will not be admitted at any stage on any grounds whatsoever.

 

7.4     The price should be quoted only in Indian Rupees. The offers submitted in other currencies shall not be considered.

 

8.         EXCISE DUTY:

 

There is a separate entry box for choosing type of excise duty and for excise duty % slab. in the “ Rate page “

 

8.1     If reimbursement of Excise duty is intended as extra over the quoted prices, the supplier must specifically choose excise duty as EXTRA from the drop down list and also fill maximum applicable excise % slab as could become leviable later. In the absence of any such stipulation, choosing other options such as Excise as Inclusive or as NIL OR AS EXEMPTED it will be presumed that the prices quoted are firm and final and no claim on account of excise duty will be entertained after the opening of tenders.

 

8.2     If a tenderer chooses to quote price inclusive of excise duty, it will be presumed that the excise duty so included is firm unless he has clearly indicated the rate of excise duty and quantum of excise duty included in his price and also sought adjustment on account of statutory variation in excise duty.

 

8.3     If a tenderer is exempted from payment of excise duty up to a certain value of turnover, he should either choose excise duty extra as NIL which means that any future increase in excise duty due to increase in his turn over during currency of contract shall be borne by the supplier only. (in this case NO excise duty will be charged extra by him up to the limit of exemption enjoyed by him.) or if supplier want railway to reimburse excise duty as leviable (or max % leviable later)he must choose the maximum % slab as could become applicable due to max. turn over in this case his offer will be loaded with such max % slab of excise duty. If any concession is available in regard to rate / quantum of Central Excise Duty, it should be brought out clearly by choosing Exempted 0r such concessional % duty rate in the entry box. It is clearly mentioned here that any future increase in rate of excise duty due to increase in turn over or any other reason will be borne by the tenderer only and offer will be evaluated based on maximum applicable excise duty % rate as chosen and filled by the vendor in the Excise % rate entry box.. Stipulation like, “excise duty is presently not applicable but the same will be charged if it becomes leviable later on”, will not be accepted unless in such cases it is clearly stated by the tenderer that excise duty will not be charged by him even if the same becomes applicable later on due to increase in turnover. If a tenderer fails to comply with this requirement, his quoted price shall be loaded with the quantum of maximum excise duty % which is filled by him for the purpose of comparison with the prices of other tenderers.

 

8.4     The tenderers should indicate in their offer in the Remark column whether they are registered with Excise authorities for availing MODVAT or not. If they are availing MODVAT, they should take into account the entire credit on inputs available under MODVAT Scheme while quoting the price and furnish a declaration to this effect along with a confirmation that any further benefit available in future on account of MODVAT will be passed on to the purchaser.

 

9.         SALES TAX /VAT:

 

Provincial sales tax or VAT or inter-state central sales tax where leviable and intended to be claimed from purchaser (which shall mean as extra )should be entered as extra price by filling type of such tax as S.T or CST or VAT and The maximum applicable rate % in the specific entry box which will be loaded as extra while evaluating all inclusive rates. In case vendor do not mention any % rate of Sales tax or VAT or fill % rate of S.Tax/VAT as “NIL” this will mean that even if any tax become applicable later such levy of Sales Tax or VAT shall be borne by the vendor and shall not be reimbursed by Railway.

 

10.      DELIVERY TERMS:

 

10.1    The purchaser will prefer free delivery by road at consignee’s end and tenderers may indicate freight / delivery charges in their offers. In case an offer is submitted on the basis of FOR – Station of dispatch, without indicating freight / delivery charges, the supplier shall agree to dispatch the stores by road on free delivery to consignee on freight pre-paid basis and claim reimbursement of the lower of road / rail freight.

 

10.2    In case an offer on FOR - station of dispatch is accepted with mode of dispatch by rail, the supplier shall agree to book the stores by goods train for wagonload consignments and passenger / parcel train for smalls. Reimbursement of pre-paid freight element may be obtained through bill.

 

10.3    The purchaser will not pay separately for transit insurance and supplier will be responsible till the entire stores contracted for are received by the consignee in good condition at destination.

 

11.      PAYMENT TERMS:

 

11.1    The standard payment terms subject to recoveries, if any, under the liquidated damages clause in the IRS Conditions of Contract will be as under :

 

a)       95% payment against inspection certificate and proof of dispatch /delivery to consignee and balance 5% after receipt and acceptance of the goods.

b)       100% payment against receipt note issued by the consignee after inspection and acceptance at destination. For contracts valued upto Rs.1 lakh, payment terms as per (b) above only will be accepted. In case of dispatch by rail, unqualified Railway Receipt / Parcel Way bill will be taken as the proof of dispatch. In case of dispatch by other means and road, receipted challan signed by the gazetted officer at consignee’s end will be taken as proof of delivery.

 

12.      INSPECTION:

 

The inspection of stores at manufacturers’ premises before dispatch will be conducted by an agency nominated by the purchaser viz. RITES or RDSO or DQA or the representative of consignee. Final inspection of stores will be done by the consignee on receipt at destination.

 

13.      ACCEPTANCE OF TENDER:

 

13.1    The purchaser may accept a tender for a part or whole of the quantity offered, reject any tender without assigning any reason and may not accept the lowest or any tender.

 

13.2    The purchaser shall be entitled to increase the tendered quantity shown in the Schedule of Requirements by not more than 30% at the time of ordering and the tenderer shall be bound to accept the quantity so ordered on the basis of his original offer.

 

13.3    The purchaser reserves the right to award contract to Public Sector Undertakings giving purchase preference as per policy of the Government of India.

 

13.4    Purchaser reserves the right to split the tendered quantity among two or more bidders in case of vital / safety item or the item which may affect production.

 

14.      VALIDITY OF OFFER:

 

The offer shall be kept valid for acceptance for a minimum period of 90 days from the date of opening of the tender. If necessary, the purchaser may obtain clarification on the offers by requesting for such information from any of the tenderers as considered necessary. Tenderer will, however, not be permitted to change the substance of the offers after the tenders have been opened.

 

15.      STATUTORY VARIATION CLAUSE:

 

Any variation in ED & ST will be allowed on production of documentary evidence on increase and payment thereof within the original delivery period. Variation in ED due to change in Turnover or Misclassification will not be allowed.


SPECIAL CONDITIONS OF TENDERS FOR MACHINERY & PLANT ITEMS :

 

1.         Technical Compliance:

 

The tenderer should submit compliance to technical parameters and other technical conditions using “Compliance to special conditions” folder available and attached with the electronic tender and must submit item wise compliance by filling “YES” or “NO” in each item/or special condition. The Vendors may also mention reasons /deviation details to each special condition and /or technical parameters as contained in the special condition compliance page in the Text box which is available against each item. In case vendor do not fill and submit any compliance entry in this compliance folder it shall be assumed that vendor has NIL deviation to all the technical parameters and that his offer comply with ALL the technical parameters/specifications and other special tender conditions. The electronic offer should therefore be submitted with complete details of compliance or otherwise to each technical parameters.

 

2.       Authorization Letter :

 

2.1     In case the tenderer is an agent of the manufacturer, they should clearly indicate the same in their offer in the Compliance page against the eligibility condition and also enclose /attach scanned copy of valid authorization certificate from the manufacturer to this effect and also mention the place where the equipment will be offered for pre-inspection . All other details regarding vendor’s company profile, and other details etc should also be attached using text format (MS Word ,Text or PDF document) in the Attach document folder as available with the bid submission screen.

 

2.2              Other technical/commercial/financial details such as COMPANY PROFILE ETC.

 

Vendors can attach any other information as considered relevant to the tender as a document which can be created and stored into his computer in any format as MS Word file or Text file or PDF or picture, image, drawings or statements (commercial or /and financial details ) by attaching such folders into “attach yr documents” folder as available with the bid submission screen. However all such documents must be digitally signed before attaching such document files with his valid digital certificate by using the offline digital sign utility which can be freely downloaded from the website’s Homepage left side links.

 

2.3     Digital signing and encryption utility for signing offline documents for submission with the offers. Vendor who wish to attach any document files as mentioned in above Para can do so by installing offline digital sign and digital encryption utility freely downloadable from the Home Page on the website. These utility shall ensure highest level of digital data protection security and confidentiality for such information and can only be vied and accessed only after tender opening along with the opening of the commercial offers /Rate page.

 

3.         Validity:  The offer should be kept valid for 120 days from the date of opening of the tender.

 

4.         After Sales Service Special Condition :

 

The tenderers should confirm compliance to this special condition 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.

 

5.         Annual Maintenance Contract (AMC):

 

Wherever provided in the special condition of the tender or as an additional item of the tender the vendors shall also quote charges on an annual basis, separately for the proper upkeep and maintenance of the tendered equipment. The offers for the same will be loaded with quoted AMC charges for comparative evaluation of bids. Railways reserve the right for entering into Annual Maintenance Contract (AMC) on the basis of rates quoted by the firm in their tender against AMC charges.

 

6.         Commissioning and Proving Test:

 

6.1     The contractor shall arrange commissioning of the equipment at the consignee premises. The tenderers shall carry out necessary proving test to demonstrate the performance of equipment, after its successful commissioning, to the entire satisfaction of the consignee.

 

6.2     The Contractor or his agents shall commission the machine within stipulated time as shown in the contract. This time frame will be applicable from the date of intimation from the consignee in respect of readiness of the machine for commissioning in cases where the machine is to be installed by the consignee. The time schedule includes the time for installation in cases where installation is also to be undertaken by the contractor.

 

6.3     The time allowed for commissioning of machine shall be deemed to be the essence of the contract. In case of delay in commissioning of the machine on the part of the contractor, the purchaser shall be entitled to recover and the Contractor shall be liable to pay liquidated damages at the rate of 2% of the total contract value for each and every month or part thereof for which commissioning is delayed, provided always that the entire amount of liquidated damages to be paid under the provision of this clause shall not exceed 10% of the total contract value. Failure to install / commission the machine within the stipulated time after intimation from the consignee will be taken as breach of contract and purchaser will be at liberty to forfeit the Security Money furnished by the supplier without any prejudice to other rights under the contract.

 

6.4     Continuance of commissioning work after expiry of stipulated time will also constitute a default for the purpose of the Clause 6.3 above. The decision of the Purchaser, whether the delay in commissioning has taken place for reasons attributed to the Contractor, shall be final.

 

7.       Training :

 

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

 

8.         Maintenance Manual & Spare Parts :

 

Contractor is required to supply 2 copies of operation and maintenance manual and lists of Spare parts along with the equipment.

 

9.         Warranty:

 

a)       The Contractor shall warranty that the equipment supplied shall be free from defects and faults on materials, workmanship. Manufacturing quality should be of the highest grade consistent with the established and generally accepted standard goods of the type offered and in full conformity with the tender specifications.

b)       Unless otherwise mentioned in the specification, the equipment offered should be warranted against defective design, material, workmanship etc. for a period of 24 months from the date of delivery at ultimate destination or 18 months from the date of commissioning and proving test at destination whichever is earlier provided defects and / or claims are notified to Contractor within 2/3 months of such date.

c)       The Contractor shall, if required, 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 herein specified.

d)       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.

 

NOTE : Warranty clause is also applicable for Spares parts / Assemblies.

 

10.      Payment terms:

 

a)       For orders valued upto Rs.1 lakh - 100% payment will be made after inspection and receipt / installation and acceptance of equipment by the consignee.

b)       For orders valued above Rs.1 lakh - 80% payment shall be made against proof of despatch / delivery and inspection certificate. 10% after completion of installation and balance 10% after commissioning and acceptance of the equipment by consignee subject to submission of B.G. for 10% of the contract value for warranty obligations valid beyond 6 months period.

 

NOTE: For above special conditions (condition no 1 to no 10 ) vendor may either fill ‘deviation folder’ indicating each condition no, deviation detail and sign digitally and submit as part of the commercial offer indicating such deviation/s to these tender conditions. However in case offers are submitted without indicating any such deviation to these special conditions it shall be treated with NIL Deviation to these conditions and shall be evaluated accordingly.

 

11.     Option Clause :

 

Purchaser shall be entitled at any time before 30 days of expiry of the original delivery date or extended date of delivery, as stipulated in the contract, to increase the ordered total quantity of each description of stores shown in the said contract by not more than 30% of the ordered total quantity at the same price, terms and conditions by giving notice in writing to the contractor and contractor shall be bound to supply the quantities so ordered according to the revised delivery schedule advised by the purchaser. The revised delivery schedule shall be fixed by the purchaser on the basis of the original offer of the contractor.

 

12.     Risk Purchase Clause :

 

The period of arranging Risk Purchase will be 9 months instead of 6 months as provided in Clause 0702(b) of the IRS Conditions of Contract.

 


SPECIAL CONDITIONS OF TENDERS FOR Tenders issued with PVC Formula or seeking offers with Price Variation and also for SIGNALLING & TELECOMM-UNICATION ITEMS:

 

1.       Purchase of Signaling & Telecommunication items, for which RDSO has approved the sources, will be made from the sources approved by RDSO under Pt.I/II as per extant policy. The tenderers should attach along with their offer a Scanned copy of the valid/ current “type-approval” for the product offered.

 

2.       Firms not borne on the approved list of RDSO must attach and submit filled up Performa for assessment of technical / manufacturing capability (Annexure ‘3’), and attach /submit the same as an “attached document in the Document folder” with the offer.

 

3.       In case of Signaling cables, where the tenderers choose to incorporate a price variation clause with reference to price of copper / aluminium / PVC compound etc., the firm Must enter as ‘Yes’ in the PVC ENTRY BOX as available in the “Rate page and Enter in the Price Variation entry box as “IEEMA FOLMULA” as offers with PVC “prices quoted should be based on raw material prices of IEEMA as applicable one month prior to the month of tender opening. In case firms do not mention any PVC Remark in the entry box specifically provided for this purpose their offer shall be considered as fixed price offer and will be evaluated as fixed price offer.

 

4.       In case developmental / educational orders are placed on firms not approved by RDSO, the samples of materials manufactured by them would need to be got “type-tested” from RDSO and approval obtained before commencing bulk supplies.

 

SPECIAL CONDITION FOR SUSPECTED CARTEL FORMATION

 

1.       Wherever all or most of approved firm’s quote equal rates and cartel formation is suspected, Railways reserve the right to place order on one or more firms with exclusion of rest without assigning any reason thereof.

 

2.       Firms are expected to quote for quantity not less than 50% of 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. Railways, however, reserve the right to order on one or more firm any quantity.

 

3.       The firms who quote in cartel are likely to be deleted from the list of approved sources.

 

SPECIAL CONDITIONS OF CONTRACT

 

1.         SECURITY DEPOSIT:

 

1.1     The successful tenderers shall within 14 days, after written notice of acceptance of tender has been posted to him, deposit with Divisional Cashier, Western Railway, Churchgate, Mumbai in cash or by furnishing a demand draft or fixed deposit receipt issued by a scheduled bank approved by RBI, drawn in favor of FA&CAO, Western Railway, Churchgate, Mumbai for a sum equal to 5% of total value of stores for which tender has been accepted subject to maximum of Rs.1 lakh, as security for satisfactory fulfillment of the contract. The security deposit can also be made in the shape of Guarantee Bond executed by a scheduled bank as per Annexure 4.

 

1.2     When security is deposited in cash or by demand draft with Divisional Cashier, Western Railway, Churchgate, Mumbai, the cash receipt granted by him should be sent to the Controller of Stores, Western Railway, Churchgate, Mumbai.

 

1.3     Security deposit for due fulfillment of contract for supply of stores will not be taken from:

a)       Government departments.

b)       Small Scale Industrial Units recognized by NSIC for group of stores for which they are registered.

c)       Firms borne on Western Railway’s list of approved suppliers only for the items for which they are registered.

d)       Firms approved by RDSO, DLW, CLW, ICF and CORE for the specific items.

 

1.4     Registered firms will, however, furnish security deposit for orders beyond the monetary limit of registration and also for items for which they are not registered.

 

1.5     The refund of security deposit becomes due when the contract is satisfactorily completed in accordance with terms & conditions of the contract, Purchaser’s decision in this regard shall be final and binding on the supplier.

 

2.       ADVICE OF DESPATCH OF STORES :

 

2.1     The supplier should ensure that Railway receipts / PWB under which the material is booked to a Railway consignee are prepared in the favour of ‘consignee’ and not ‘self’ failing which they will be required to take the delivery themselves and deliver the consignment to the consignee. When suppliers submit the original RR / PWB along with other documents to paying authority for claiming advance payment, a photocopy of RR / PWB should be sent simultaneously to consignee.

 

2.2     All despatch documents i.e. RR / PWB, Challan, Inspection certificate etc. should be sent to the consignee and copies of advice of despatch, must also be sent to the Controller of Stores, W.Rly., Churchgate, Mumbai.

 

2.3     The contractor shall submit monthly report concerning the progress of the contract and / or supply of stores to the Purchaser and Consignee. The submission and acceptance of such reports shall not prejudice the rights of the purchaser in any manner.

 

3.         EXCISE DUTY :

 

3.1     Any change in excise duty upward / downward as a result of any statutory variation in excise duty taking place within original delivery period shall be allowed as per contract provisions, to the extent of quantum of excise duty actually paid by the supplier. Similarly in case of downward revision in excise duty, the actual quantum of reduction of excise duty shall be passed on to the purchaser by the supplier. All such adjustments shall include all relief, exemptions, rebates, concession etc., if any, obtained by the supplier.

 

3.2     Unless otherwise specifically agreed to in terms of the contract, the purchaser shall not be liable for any claim on account of fresh imposition and or increase of excise duty, customs duty and sales tax on raw materials and / or components used directly in the manufacture of the contracted stores taking place during the pendency of the contract.

 

3.3     Reimbursement of Excise Duty : The reimbursement of Excise duty claimed by the firm as extra over the quoted price shall be made to the extent it is legally leviable and amount of reimbursement would be limited to actual subject to the same being supported by documentary evidence.

 

4.         ALTERATION OF SPECIFICATIONS, PATTERNS AND DRAWINGS:

 

The purchaser reserves the right to alter from time to time, the specifications, patterns and drawings and from the date that may be specified by him the articles shall be, in accordance with the specifications, patterns and drawings, so altered. In the event of any such alteration involving an increase or decrease in the cost or in the period required for production, a revision of the contract price and of the time fixed for delivery shall be made in relation to the articles the subject of the alterations. The decision of the purchaser on the question, whether the alteration involves an increase or decrease in the cost or in the period required for production, shall be final and conclusive.

 

5.         PAYMENTS :

 

5.1     Suppliers are requested in their own interest to observe the following instructions to avoid delay in payment of their bills for materials supplied for stock purposes and despatched to the Depots mentioned in contract :

 

i)        Receipt note sent to the supplier in token of receipt of the material should be attached with the bill to be prepared in ink on prescribed form (detailed in para 5.7 below) and submitted in duplicate to the Financial Adviser and Chief Accounts Officer, Stores Accounts Branch, Western Railway, Churchgate, Mumbai 1.

ii)       Where the condition of advance payment on proof of despatch is accepted and specified in the Purchase Order, the suppliers will submit advance payment bill (in duplicate) supported with challan, inspection certificate, proof of despatch / delivery, ITCC etc. as per terms of the contract to the FA&CAO, W.Rly., Churchgate, Mumbai, endorsing a copy of the forwarding letter to the Controller of Stores as well as to the consignee. The bills for balance payment should be submitted in the matter as indicated at (ii) above for payment.

 

5.2     For materials supplied against orders placed for direct despatch to the consignee on this Railway on non-stock basis i.e. other than those cases mentioned in clause 5.1 above, the supplying firm will prepare their 100% payment bills in duplicate, in ink on prescribed forms and submit the same as under:

i)        One copy of the bill marked, “ORIGINAL”, with all despatch documents as per terms of contract directly to the consignee.

ii)       Another copy of bill marked “DUPLICATE NOT FOR PAYMENT” to the Controlling Officer of the consignee mentioned in the Supply Order.

iii)       Where the condition of advance payment on proof of despatch is accepted and specified in the Direct Despatch Order, the suppliers will submit advance payment bill (in duplicate) along with the documents as per Para 5.1(ii) above to the Accounts Officer of the consignee indicated in contract. ORIGINAL copy of the balance payment bill should be sent to the consignee and “DUPLICATE NOT FOR PAYMETN” copy to the Controlling Officer of the consignee as specified in such Supply Order.

 

5.3     The Supplier is also required to furnish the following certificate on their bill for advance payment.

 

“We have personally examined and verified and do hereby certify that stores in respect of which payment is being claimed have been actually dispatched under RR/PWB no....................dt................... and further that these goods are the exact materials as indicated in challan no.....................dt................ and covered by inspection certificate no........................dt.................... We also certify that the above referred challan, RR/PWB and inspection certificate have been sent to consignee by Regd.Post / Speed Post on..................... We shall hold ourselves personally responsible for correctness of this statement.”

 

5.4     The bill for payment should also be accompanied by the following certificate to be furnished by the Suppliers who are registered with excise authorities for availing Modvat credit:

 

“We certify that no additional duty set offs on the stores supplied by us, have accrued under the modvat scheme in force on the date of supply, after we submitted quotations and submitted the present bill”.

 

5.5     The firm should submit their bills only for the supplies made by them during the scheduled delivery period or as extended from time to time. For supplies made after expiry of scheduled delivery period, firms should first obtain necessary extension of delivery period from the competent authority before submission of their bills.

 

5.6     In case the bill is submitted to FA&CAO supported by amendment to purchase order extending delivery period reserving Railways right to impose liquidated damages, the payment of bill would be released deducting full liquidated damages (LD) @ 2% of the value of delayed stores for delay of every one month or part thereof. In such cases, firm’s would be required to approach Controller of Stores for determination of final amount of liquidated damages after completion of the contract.

5.7     Following points may also be observed by the suppliers while submitting the bills for payment:

(a)      Consignee’s name and order reference should be given on the bill as well as in all correspondence in connection therewith for facility of connecting the papers and arranging early payment.

(b)      The firms are advised that bills for payment should only be submitted for the amounts permitted on the Purchase Orders and in case further amounts are claimed, an amendment should be obtained from the Controller of Stores, Western Railway, New Delhi before bills are submitted.

(c)      All bills should be submitted in forms S-2817 in duplicate, marked “Original” and “Duplicate”. These bill forms can be had from the office of Controller Of Stores, Western Railway, Churchgate, Mumbai on payment @ Rs.60/- per book containing 100 forms each in cash to the Divl.Cashier, Western Railway, Churchgate, Mumbai or through Crossed Demand Draft in favour of the FA&CAO, Western Railway, Churchgate, Mumbai.

(d)      The nomenclature of the material supplied shown in the bills should be strictly in accordance with description given in the Purchase Order.

(e)      The bills should be signed and pre-receipted with revenue stamp. All corrections should be attested. Fluid should not be used on Bill at all.

(f)      Rate and Quantity should be mentioned both in figures and words.

(g)      Status / category of Bill should be mentioned i.e. whether Advance /Balance / 100% / PVC etc.

(h)      All columns of Bill should be properly filled i.e. Vendor Code, Bank account No. and Branch, Purchase Order No. / Contract No. Date, PL No. etc.

(i)       Clear photocopy of valid ITCC should be enclosed with each and every bill.

(j)      Wherever PVC is applicable, basis of PVC may be given, with relevant documents.

(k)      Copy of Amendment letter issued by Stores Department, if any, be enclosed.

(l)       Transport Receipt / Challan for freight charges should be enclosed along with the bills.

(m)     In case of Advance payment, following documents should also be enclosed along with the bills:

i)        Receipt Delivery Challan duly signed and stamped by Gazetted

Officer / Clear Railway Receipt.

ii)       Original Inspection Certificate.

iii)       Excise Invoice (original - for buyer) wherever applicable.

iv)      MODVAT declaration.

(n)      In case of 100% and balance bills, the following documents be enclosed along with the bills:

i)        Receipt Note Part-II

ii)       ED gate pass wherever applicable.

(o)              All other relevant documents as per Contract provisions.


ANNEXURE – 1

 

(Please see Clase-2.2(b) of ‘Instructions to Tenderers’)

PROFORMA FOR EQUIPMENT AND QUALITY CONTROL

 

Tender No............................. Date of opening ............ Time ................. Hours

 

Name of the Firm....................................................

                         ....................................................

 

Note : All details required only for the items tendered

 

1.       Name & full address of the firm.

2.       Telephone & FAX No. of Office / Factory / Works.

3.       Telegraphic and E-mail address.

4.       Location of the manufacturing factory.

5.       Details of Industrial License, wherever required as per statutory

regulations.

6.       Details of plant & machinery erected and functioning in each Deptt.

(Monographs & description pamphlets be supplied, if available).

7.       Details of the process of manufacture in the factory in brief.

8.       Details & stocks of raw material held

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

machinery.

9.1     Normal

9.2     Maximum

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

laboratory testing equipment etc.

11.     Details of staff

11.1    Details of technical supervisory staff-in-charge of production & quality control.

11.2    Skilled labour employed.

11.3    Unskilled labour employed.

11.4    Maximum No. of workers (skilled & unskilled) employed on any day during the 18 months preceding the date of application.

12.     Whether stores are tested to any standard specification, if so, copies of original test certificates should be submitted in triplicate.

13.     Are you registered with the Directorate General of Supplies & Disposals, New Delhi.If so, furnish full particulars of registration; period of currency etc.

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

 

Signature & Seal of

the Manufacturer / Tenderers


ANNEXURE - 2

(Please see clause 5.1(b) of ‘Instructions to Tenderers’)

PROFORMA OF BANK GUARANTEE FOR BID GUARANTEE

(ON NON-JUDICIAL STAMP PAPER FO REQUISITE VALUE)

Ref..........................................         Dated..................................

Bank Guarantee No..................................

 

To,

THE PRESIDENT OF INDIA,

Acting through the CONTROLLER OF STORES,

WESTERN RAILWAY, CHURCHGATE,

MUMBAI – 400 020, INDIA

 

Dear Sir,

 

In accordance with your invitation to tender No..........................................due on........................for supply of …………..........................................................................

M/s..........................................................................hereinafter called the tenderers with the following Directors on their Board of Directors / Partners of the firm.

 

1.                                                       2.

3.                                                       4.

5.                                                       6.

7.                                                       8.

9.                                                       10.

 

wish to participate in the said tender for the supply of .................................................

................................................................................ As a Bank Guarantee against Bid Guarantee for a sum of ......................................................................................

................................................................ (in words & figures) valid for (120)* one hundred and twenty days from the due date of tender required to be submitted by the tenderers as a condition for the participation, this bank hereby guarantees and undertakes during the above said period of (120)* one hundred and twenty days to immediately pay, on demand by the Controller of Stores, WESTERN Railway, Churchgate, Mumbai-110001, INDIA, ..........................................................................................

............................. (in words & figures), to the said Controller of Stores, WESTERN Railway, Churchgate, Mumbai-110001, INDIA, and without any reservation and recourse, if:

(i)       the tenderers after submitting his tender, modifies the rates or any of the terms and conditions thereof, except with the previous written consent of the purchaser; or

(ii)      the tenderers withdraws the said bid within 90** days after opening of bid; or

(iii)     the tenderers having not withdrawn the bid, fails to furnish

Performance Guarantee Bond (Security deposit) within the period provided in the Advance Acceptance of tender (or contract). This guarantee shall be irrevocable and shall remain valid up to 4.00 P.M. on ........................... If further extension to this

guarantee is required, the same shall be extended by such required periods on receiving instructions from M/s.................................................on whose behalf

this guarantee is issued.

Signature....................................................

Name..............................................

Designation…………………………………………..

Date..........................................................

Place........................................................

Witness................................................... ............

 (Bank’s common Seal)

* 150 days and **120 days for tenders of Machinery & Plant.


ANNEXURE – 3

 

(Please see clause 5.4(f) of ‘Instructions to Tenderers’)

PROFORMA FOR AUTHORITY FROM MANUFACATURERS

 

No........................................Dated........................

 

To,

THE PRESIDENT OF INDIA,

Acting through the CONTROLLER OF STORES,

WESTERN RAILWAY, CHURCHGATE,

MUMBAI – 400 020, INDIA

 

Dear Sir,

 

Subject: C.O.S./ W.RLY./ Churchgate, Mumbai’s Tender No................................

 

 

We................................................................................................ an established and reputed manufacturer of............................................................... having factories at ................................do hereby authorize M/s...................... .............................................................................. (Name and address of Agents) to represent us, to bid, negotiate and conclude the contract on our behalf with you against Tender No...................................................... No Company / Firm or individual other than M/s....................................................... are authorized to represent us in regard to this business against this specific tender.

 

Yours faithfully,

 

 

 

( NAME )

for & on behalf of M/s...........................................

(Name of Manufacturers)

 

Note: This letter of authority should be on the Letter Head of the manufacturing concern and should be signed by a person competent and having the power of attorney to bind the manufacturer.


ANNEXURE – 4

 

(Please see Clause 1.1 of ‘Special Conditions of Contract’)

PROFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCE

GUARANTEE BOND

 

Ref............................. Dated.....................

Bank Guarantee No..................................

 

To,

 

THE PRESIDENT OF INDIA,

Acting through the CONTROLLER OF STORES,

WESTERN RAILWAY, CHURCHGATE,

MUMBAI – 400 020, INDIA

 

1. Against contract concluded by the Advance Acceptance of the Tender No.........……………………………….………… dated …........………………....covering supply of …………………………………………………..……………(hereinafter called the said contract) entered into between the President of India and ………………………………………… (hereinafter called the ‘Contractor’), this is to certify that at the request of the Contractor we……………………………………..Bank Ltd. are holding in trust in favour of the President of India, the amount of …………………………………………..(write the sum here in words) to indemnity and keep indemnified the President of India (Govt. of India) against any loss or damage that may be caused to or suffered by the President of India (Govt. of India) by reason of any breach by the contractor of any of the terms and conditions of the said contract and / or in the performance thereof. We agree that the decision of the President of India (Govt. of India), whether any breach of any of the terms and conditions of the said contract and / or in the performance thereof has been committed by the Contractor and the amount of loss or damage that has been caused or suffered by the President of India (Govt. of India) shall be final and binding on us and the amount of the said loss or damage shall be paid by us forthwith on demand and without demur to the President of India (Govt. of India).

 

2. We.......................................................Bank Ltd., further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for satisfactory performance and fulfillment in all respects of the said contract by the Contractor i.e. till...............................................(viz. the date up to 3 months after the date of the last despatch / delivery of the goods ordered) hereinafter called the ‘said date’ and that if any claim accrues or arises against us .................................... .............................Bank Ltd., by virtue of this guarantee before the said date, the same shall be enforceable against us........ ....................Bank Ltd.,), notwithstanding the fact that the same is enforced within six months after the said date, provided that notice of any such claim has been given to us.................................................Bank Ltd., by the President of India (Govt. of India) before the said date. Payment under this letter of guarantee shall be made promptly upon receipt of notice to that effect from the President of India (Govt. of India).

 

3. It is fully understood that this guarantee is effective from the date of the said contract and that we......................................................Bank Ltd., undertake not to revoke this guarantee during its currency without the consent in writing of the President of India (Govt. of India).

4. We undertake to pay to the Government any money so demanded notwithstanding any dispute or disputes raised by the Contractor in any suit or proceedings pending before any court or Tribunal relating thereto, our liability under this present being absolute and unequivocal. The payments so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the Contractor shall have no claim against us for making such payment.

 

5. We...........................................................Bank Ltd., further agree that the President of India (Govt. of India) shall have the fullest liberty, without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said contract or to extend time of performance by the Contractor from time to time or to postpone for any time or from time to time any of the powers exercisable by the President of India (Govt. of India) against the said Contract and to forbear or enforce any of the terms and conditions relating to the said contract and we.............................................Bank Ltd., shall not be released from our liability under this guarantee by reason of any such variation or extension being granted to the said Contractor or for any for-bearance and / or omission on the part of the President of India or any indulgence by the President of India to the said Contractor, or by any other matter or thing what-so-ever, which under the law relating to sureties, would, but for this provision have the effect of so releasing us from our liability under this guarantee.

 

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

 

Signature................................

Name.................................................

Designation

 

Date............................................. ...

Place...........................................

 

Witness........................................ .

.....................................................

 

(Bank’s Common Seal)