2009 RS(I) 951 21 (TC). L Type1

Government of India Ministry of Railways

(Railway Board)

No. 2009/RS(I)/951/21(TC) Rail Bhavan, New Delhi - 110001, dated: 02.03.2010 M/s Dear Sirs,

Sub: Procurement of Non-Asbestos “L” Type Composition Brake Blocks. …….. …….

Offers are invited from manufacturers for supply of Non-Asbestos “L” type Composition Brake Blocks as per detailed below:-

SCHEDULE OF REQUIREMENTS Sl. No. Description Specification Quantity (in Nos.) 1. Non-Asbestos “L” type

Composition Brake Blocks for Freight Stock with 1000 mm Wheel Dia and container flat wagons of Indian Railways.

RDSO specification No.WD-13-ABR-2006 of December-2006 with Amendment No.1 of May 2007 or with latest amendment if any.

9,60,000

NOTE: (i) Purchaser reserves the right to increase/decrease the tendered quantity.

(ii) Delivery is required to be made to Zonal Railways. Zonal Railway-wise distribution will be intimated in the contract. Order of priority for supplies will be issued by the purchaser.

(iii) RDSO drawings may be obtained directly on payment from Executive Director Standard (Wagon), RDSO, Manak Nagar, Lucknow.

(iv) Specific attention of the tenderers is drawn to clause 9.8 of Invitation of Tender and Instructions to Tenderers regarding cartel formation.

2.0 DELIVERY: Tenderer should quote for earliest delivery period . Supply of Brake Blocks shall be completed latest upto 28.2.2011 after placement of order preferably in equal monthly instalments. Delivery schedule as being offered by you should be clearly specified in the offer, indicating the monthly rate of supply.

3.0 INSPECTION: Inspection will be done by the Director General, RDSO, Manak Nagar, Lucknow or his authorized representative.

4.0 OPTION : The purchaser reserves the right to increase/decrease the quantity upto 30% of ordered quantity during the currency of the contract on the same price and terms and conditions with suitable extension in delivery period. ..2/-

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5.0 It will be the responsibility of the suppliers to ensure safe receipt of material in the premises of consignee and render them technical assistance, if necessary, for fitment and testing. 6.0 The offered material will be subject to various tests in accordance with specification mentioned in schedule of requirement. 7.0 In case the offered design has been developed in technical collaboration with a foreign firm, the tenderer shall submit a copy of “Memorandum of Undertaking” between the tenderer and the foreign collaborator regarding the transfer of technology along with the offer. The offer not accompanied by a copy of Memorandum of Undertaking is liable to be summarily rejected. 8.0 The offers should reach Executive Director, Railway Stores (Steel), Ministry of Railways, (Railway Board), Rail Bhavan, New Delhi by 2.30 P.M. (14.30 Hrs.) on 25-03 -2010. The tender will be opened on the same day at 3.00 P.M. (15.00 Hrs.) in the presence of the representatives of the firms as present. 9.0 WARRANTY: The Warranty on account of manufacturing defect shall be 18 months from the month of supply or duty life cycle i.e. time taken in reaching the wear limit of the brake block, whichever is earlier. 10.0 FOREIGN EXCHANGE: In the event of any requirement of foreign exchange, complete details of items required to be imported, the quantity of each item & CIF price there of in foreign exchange should be indicated. It may be noted that Railway Board will not provide any foreign exchange for the import content, if any. 11.0 The tender will be governed by the Indian Railway Standard Conditions of the contract. 12.0 A Set of tender document is sent herewith. Yours faithfully, ( Prakash Mirani ) Director, Railway Stores(W) DA: As above. Railway Board For and on behalf of the President of India.

2009 RS(I) 951 21 (TC). L Type3

Government of India Ministry of Railways

(Railway Board) INVITATION OF TENDER AND INSTRUCTIONS TO TENDERERS TENDER NO. 2009/RS(I)/951/21(TC)

FOR PROCUREMENT OF NON-ASBESTOS “L” TYPE COMPOSITION BRAKE BLOCKS FOR FREIGHT STOCK WITH 1000 mm WHEEL DIA AND CONTAINER FLAT WAGONS OF INDIAN RAILWAYS.

NOTE: THE ENVELOPE CONTAINING THE TENDER SHOULD BE

ADDRESSED TO : THE PRESIDENT OF INDIA THROUGH THE EXECUTIVE DIRECTOR RAILWAY STORES (STEEL) MINISTRY OF RAILWAYS (RAILWAY BOARD) RAIL BHAVAN, RAISINA ROAD, NEW DELHI-110 001. TELEGRAPHIC ADDRESS RAILWAYS- NEW DELHI TIME UPTO WHICH OFFERS 2.30 P.M. ON 25 - 03 -2010 WILL BE RECEIVED TIME OF OPENING 3.00 P.M. ON 25 - 03 -2010 TOTAL VALUE OF TENDER DOCUMENT Rs. 4,600/- M/s. Dear Sirs, The President of India herein after referred to as the Government of India, Ministry of Railways (Railway Board) propose to obtain stores detailed in the schedule of requirements from established and reliable manufacturers 2.0 CONTRACTS MADE UNDER THIS TENDER WILL BE GOVERNED BY

i) Indian Railways Standard Conditions of contract. ii) Invitation of tender and instructions to tenderers

iii) Conditions in the offer forms (All enclosed) iv) INDIAN RAILWAYS Schedule of Technical requirements mentioned in the attached

schedule of requirements. 2/-

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3.0 PARTICULARS, SPECIFICATION AND DRAWING :

The Indian Standard Specification wherever relevant may be obtained on payment from Indian Standard institution, Manak Bhavan, 9, Bahadur Shah Zaffar Marg, New Delhi-110 001.(Telegram Manaksanstha) or from their branches at :

1. Novelty chambers, Grant Road, Mumbai-7 2. 5, Chowringhee Approach, Kolkata-13 3. 5 9 201/2, Chirag Ali Lane, Hyderabad-11 4. 117/418-B Sarvodaya Nagar, Kanpur-5 5. 54, General, Patters Road, Chennai-2

Indian Railways Standard Specification may be obtained on payment from the Manager

of Publications Civil Lines, Delhi (Telegram : EXINFOR DELHI). RDSO’s other schedule of Technical requirements and drawings etc. mentioned in the attached schedule of requirements may be obtained on payment direct from Executive Director Standards (Wagon), RDSO, Manak Nagar, Lucknow. 4.0 PREPARATION OF TENDER: 4.1 All “offer forms” should be returned intact whether you are quoting for any item or not. Pages should not be detached but when items are not being tendered for, the corresponding space should be defaced by some such words “Not Quoting”. 4.2 In the event of space on the “OFFER FORM” being insufficient for the requisite purpose, additional pages may be added. Each such additional page must be numbered consecutively, bearing the tender number and be fully signed by the tenderer. In such cases reference to the additional pages must be made in the tender form. 4.3 If any modification of the tender description etc. is considered necessary, the same should be communicated by means of a separate letter attached with the tender. 4.4 The tender quotations must be in triplicate and complete with all technical & Commercial information. 5.0 SIGNING OF TENDER 5.1 The tender is liable to be ignored if complete information is not given therein or if the particulars and date, if any, asked for are not fully filled in. Specific attention must be paid to delivery dates and also to the conditions of the contracts as the contract will be governed by them.

5.2 An individual signing the tender or other documents connected with the contract must specify whether he has signed as: 5.2.1 ‘Sole Proprietor’ of the firm or constituted attorney of such Sole Proprietor.

.3/-

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-3- 5.2.2 A partner of the firm, if it be a partnership concern in which case he must have authority to refer to arbitration disputes concerning the business of the partnership either by virtue of the partnership agreement or a power of attorney. 5.2.3 Constituted attorney of the firm, if it is a company. N.B.: (i) In case of 5.2.2 a copy of the partnership agreement or general power of

attorney in either case attested by a Notary Public, should be furnished or affidavit on stamped paper of all the partners admitting execution of the partnership agreement or general power of attorney should be furnished.

(ii) In the case of partnership firms, where no authority to refer disputes concerning

the business of the partnership has been conferred on any partner, the tender and all other related documents must be signed by every partner of the firm.

(iii) A person signing the tender form or any documents forming part of the contract

on behalf of another shall be deemed to warrant that he has authority to bind such other and if, on enquiry, it appears that the person signing had no authority to do so, the purchaser may, without prejudice to other civil and criminal remedies, cancel the contract and hold the signatory liable for all costs and damages.

(iv) Each page of the tender, offer form and annexures if any, should be signed by the tenderer. (v) A list of authorised persons alongwith specimen signatures empowered to sign on behalf of the company at Head quarters and at Delhi should be attached.

6.0 SUBMISSION OF OFFERS 6.1 Offers addressed to the President of India through the Executive Director, Railway Stores(Steel), Ministry of Railways, (Railway Board), New Delhi should be submitted in triplicate in double envelope, the inner envelope containing the offers should be sealed and marked OFFER FOR TENDER NO. 2009/RS(I)/951/21(TC). The inner envelope should be placed in an outer envelope and both should be addressed to the President of India through, EXECUTIVE DIRECTOR RAILWAY STORES(STEEL), MINISTRY OF RAILWAYS, (RAILWAY BOARD), ROOM NO.326, RAIL BHAVAN, NEW DELHI-110001. As a measure of caution, the outer envelope should be sealed and superscribed as follows: TENDER NO.2009/RS(I)/951/21 (TC)

DUE DATE AND TIME OF OPENING ON 25 -03 -2010 AT 15.00 Hrs. To

The Executive Director, Railway Stores(Steel) Ministry of Railways (Railway Board) Rail Bhavan Raisina Road, New Delhi-110 001. ..4/-

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-: 4 :- 6.2 Offers sent by post should be sent by registered post acknowledgement due addressed to Shri Ramesh Chandra, Executive Director, Railway Stores (Steel), Ministry of Railways, (Railway Board), Rail Bhavan, Raisina Road, New Delhi-110 001, so as to reach him before 14.30 hours, on due date. Offers delivered by hand should be delivered personally to the officer mentioned above and acknowledgement obtained for the same before 14.30 hrs on due date.

6.3 Apart from the original quotation to be submitted as detailed above, copies should not be sent to other officers of the Railway Board. This is in order to ensure that rates quoted do not leak out before the nominated date and time for tender opening. For similar reasons, tenderers should in their own interest avoid as far as possible sending price quotations by telegrams. 6.4 Offers received through FAX within the prescribed time before opening of tender and complete in all respects and duly signed by the authorized signatory may be considered subject to the firm/firms submitting post confirmation copy duly signed by the authorized person as per tender conditions within ten working days from the date of opening. No purchase order shall be issued against the FAX offers without receipt of the confirmation copy of the same. In case confirmation copy is not received within ten days of opening of tender, the offer received by FAX shall be deemed to be unresponsive. It shall be the sole responsibility of the tenderer to ensure that offers received by FAX are delivered at the prescribed place before due date and time of opening as specified in tender document. Railway shall not be responsible for any delay in this regard. 7.0 PERIOD FOR WHICH THE OFFER WILL REMAIN OPEN 7.1 Firms tendering should note that the offer should remain open for a period of 120 days. However, the day upto which the offer is to remain open being declared a closed holiday for Government offices, the offer shall remain open for acceptance till the next working day. If the firms are unable to keep their offers open for the specified period, they should specifically state the period for which their offers are open but they must realise that such a proviso may prevent their offer form being considered. 7.2 Quotations quantified by such vague and indefinite expression such as “subject to immediate acceptance” “subject to prior sale” or similar other conditions WILL NOT be considered. 8.0 OPENING OF TENDER

Tenderers are at liberty to be present or authorise a representative to be present at the opening of the tender at the time and date as specified in the schedule. The name and address of the representative who would be attending the opening of tender on their behalf should be indicated in the tender. The name and address of the tenderers permanent representative, if any, may also be indicated.

5/-

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9.0 PRICES 9.1 The price quoted must be net per unit and must include all packing and delivery charges. Price must be clearly shown in figures and words in Indian currency. The price quoted should be on a firm basis and not subject to any variation. 9.2 The percentage of reduction in the total price for the entire demand should also be quoted, should an order to the extent be placed with you. 9.3 If it is decided to ask for excise duty or any other charges as extra, the same must be specifically stated. In the absence of any such stipulation it will be presumed that the prices include all such charges and no claim for the same will be entertained. 9.4 The prices quoted by the tenderer should be exclusive of sales tax/VAT (and should be clearly stated to be so) which will be paid by the Purchaser, if legally leviable at the rate applicable on the date of supply as specified in the acceptance of Tender.

9.5 The price to be quoted by the tenderers should take into account the credit availed on inputs under the CENVAT Scheme introduced w.e.f. 1.4.2000. The tenderers should give a declaration that any set offs in respect of duties on inputs as admissible under law is being totally and unconditionally passed on to the purchaser in the price quoted by him. 9.6 (i) The tenderers should give the following declaration:

“We agree to pass on such duties as set offs as may become available in future in respect of all the inputs used in the manufacture of the final product on the date of the supply under the CENVAT SCHEME by way of reduction in prices and advise the purchaser accordingly”.

(ii) The tenderer shall pass on credit available on the inputs under the CENVAT

Scheme, to the purchaser and the amount claimed should be reduced to the extent of such credit, from the bills submitted to the Paying Authority.

9.7 For deliveries within 20 kilometers, the contractor would have his own arrangement for delivery of the goods to the consignee at his own cost and no freight will be reimbursable for the same.

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

b) 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.

..6/-

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

9.9 Splitting of Order

(i) The Purchaser reserves the right to distribute the procurable quantity on one or

more of the eligible tenderers. Zone of consideration of such eligible tenderers will be the right of the Purchaser.

(ii) Whenever such distribution/splitting of the tendered/procurable quantity is made, the

quantity distribution will depend (in an inverse manner) upon the differential of rates quoted by the tenderers (other aspects i.e. adequate capacity-cum-capability, satisfactory past performance of the tenderers, outstanding orders load for the Railway making the procurement, quoted delivery schedule vis-a vis the delivery schedule incorporated in the tender enquiry etc. being same/similar) in the manner detailed in the table below: Price differential between L1 and L2

Quantity distribution ratio between L1 and L2

Upto 3% 60:40 More than 3 %and upto 5% 65:35 More than 5% At least 65% on the L1 tenderer. For the

quantity to be ordered on the L2 tenderer.(as per para v and vi below)

(iii) If splitting of quantity is required to be done by ordering on tenderers higher than the

L2 tenderer, then the quantity distribution proportion amongst the tenderers will be decided by transparent/logical/equity based extrapolation of the model as indicated in para (ii) above.

(iv) The Purchaser reserves the right to counter offer the lowest acceptable rate for bulk

ordering to the higher tenderer(s). In the event of rejection of such counter offer(s), the purchaser will reserve their right to decide on the quantity distribution ratio/proportion.

(v) The rate of the highest eligible tenderer within the zone of consideration has to be, per-se, reasonable to the purchaser.

(vi) In the cases of inadequate capacity-cum-capability, dissatisfactory past performance,

large quantity of outstanding orders (liquidation of which will take very long time) etc., the Purchaser shall have the right to distribute the procurable quantity amongst tenderers with due consideration to these constraints and in such a manner as would ensure timely supply of materials in requisite quantity to meet the needs of operation, maintenance, safety etc. of the Railways, regardless of inter-se ranking of the tenderers and in a fair and transparent manner with due conformity to the Principle of natural Justice and Equity.

..7/-

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-7- 9.10 Ordering on approved sources. (i) Bulk purchase will be made only from those firms who have been approved by RDSO/PUs/CORE etc for such ordering i.e. Part-1 vendors before opening of

tender to manufacture and supply the item. The tenderers are to enclose copies of such approval letters along with offers. The status of the firm will be reckoned as on the date of tender opening and not thereafter. But, in case of downgrading/removal/suspension/banning etc. after opening of tender, such changes shall be taken into account while considering the offers

(ii) Orders on firms approved by RDSO/PUs/CORE as Part-II vendors shall be limited

upto 25% quantity normally. In addition, instructions issued vide Board’s letter No. 99/RS(G)/709/1 dated 06-09-1999, 05-05-2006, 29.6.07 & subsequent letter on the subject issued thereafter need to be followed.

(iii) If the tendering firm(s) is not approved by RDSO/PUs/CORE as mentioned above, as

Part 1 or Part II, then they must submit their credential details i.e. Machinery and Plant, Testing Facilities, QAP, Technical Manpower, etc.

(iv) In deserving cases, the offers from new suppliers may be considered for educational

orders only after confirmation of their capacities/capabilities by RDSO/PUs/CORE. Failure to furnish requisite credentials as mentioned above will make their offer liable to be ignored.

10.0 TERMS OF DELIVERY: 10.1 The delivery of stores is required by date (s) in terms of clause 0600 & 3700 of the Indian Railways standard Conditions of contract. If, however, it is not possible for the ternderers to effect delivery by the date (s), they should specify the date by which they can start delivery in the prescribed offer form. Supply of brake blocks shall be completed upto 28.2.2010, preferably in equal monthly instalments. All firms should clearly indicate the monthly rate of supply. 10.2 In case of failure on the part of supplier to arrange supplies as per the delivery schedule/installments fixed in advance, save force majeure conditions or delays attributable to Purchaser, the purchaser reserves the right to levy Liquidated Damages which shall be levied as per para 702(a) of IRS conditions of contract for the delayed quantity which have remained unsupplied for that period 10.3 Railway should recover from the contractor as agreed Liquidated Damages and not by way of penalty, a sum equivalent to 2% (Two percent) of the price of any stores (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 each month or part of a month during which the delivery of such stores may be in arrears where delivery thereof is accepted after expiry of the aforesaid period, subject to a maximum of ten percent of value of the delayed supplies

..8/-

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10.4 Upper limit for recovery of Liquidated Damages in Supply Contracts will be 10% (Ten Percent) of value of delayed supplies irrespective of delays, unless otherwise provided, specifically in the contract. 11.0 THE TENDERERS SHOULD QUOTE RATES F.O.R STATION OF

DESPETCH 11.1 But in case for any particular reasons, they want to quote on Ex. Works basis, they

should initially indicate the difference between ex-works offer and station of dispatch offer, failing which their offer is likely to be ignored.

12.0 CORRECTIONS:

Correction should be avoided, but if there are any, all such corrections in the tenders should be initialed by tenderers. Erasures/correction fluid and over-writing shall not be made. 13.0 EARNEST MONEY 13.1 Every tenderer must deposit with the FA &CAO of any of the Indian Government

Railway Administration (Central, Eastern, North-Eastern, Northeast Frontier, Southern, South-Central, South-Eastern, Northern ,Western , West Central, South Western, South East Central, North Western, East Coast, East Central and North Central) an earnest money of Rs. 10,00,000/- (Rupees Ten lakh only) or sum equal to 2% of the aggregate value of the tender whichever is less in any mode as mentioned in clause 14.2 and attach the original cash receipt / document with tender. The earnest money will be returned without interest to the tenderers, whose tenders are not accepted. Tenders without earnest money are liable to be rejected.

13.2 The earnest money, deposited in accordance with para 13.1 above is liable to be forfeited, if the tender unilaterally withdraws, amends, impairs or derogates from the tender in any respect within the period of validity of his offer. 13.3 EMD should remain valid for a period of 45 days beyond the validity of your offer. 14.0 SECURITY DEPOSIT 14.1 The successful tenderer shall deposit a sum of equal to 10% of the total value of the stores for which the tender has been accepted, subject to a maximum of Rs. 20,00,000/-( Rupees Twenty Lakhs) as security deposit for the due fulfilment of the contract. 14.2 The security deposit may be paid in any of the following manner:

(i) In the form of deposit receipts, Pay Orders, Demand Drafts and Guarantee Bonds of the State Bank of India or any of the Nationalised or Scheduled Commercial Banks. (ii) Government securities at 5% below the market value (iii) Deposit in the Post Office Saving Bank.

(iv) Bonds of Indian Railway Finance Corporation & KRCL Bonds. ..9/-

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Deposits in the Post Office Saving Bank should be hypothecated by the depositor to the Financial Adviser and Chief Accounts Officer of the Railway and pass book will remain in the custody of the Chief Cashier.

When deposits are made in Government Securities, it should be seen that all accrued

interest to the debit on the G.P. Notes is duly collected by depositors prior to the G.P.Notes being endorsed to the Financial Adviser and Chief Accounts Officer. There should be at least two blank pages on the G.P. Notes after the last endorsement by the depositor. These are necessary to enable further endorsement by the Railway to the Reserve Bank of India.

The payment of S.D. & Earnest Money in the form of Pay Order/Demand Draft

should be made in favour of FA & CAO/Sr.DFM. In case of endorsement signed “PER BEARER” “FOR” power of attorney is necessary duly

registered and such endorsement need be certified by the Public Department Office of the Reserve Bank of India with their rubber stamp before G.P. Notes are delivered to the Railways. 14.3 Wherever EMD and SD is submitted through a Bank Guarantee, the issuing Bank should be intimated to send the Bank Guarantee directly to the Executive Director, Railway Stores(S), Railway Board, Room No.326, Rail Bhavan, New Delhi-110 001 in the case of EMD and to the concerned FA &CAO in the case of SD by the issuing Bank under registered post AD. EMD should reach to EDRS(S) before tender opening date. EMD & SD should be in the prescribed proforma (Annexure X and Y) 15.0 ELIGIBILITY CRITERIA: Bulk purchase will be made from suppliers cleared for regular supplies by RDSO before opening of tender and new suppliers may be considered for developmental orders after confirmation of their capability/capacity by RDSO, if they meet other stipulations of this tender and specifications. In this connection attention is invited to Clause-3.1 of STR No.WD-13-ABR-2006. 15.1 If you are registered with RDSO for this item, RDSO’s Regn. No. and its validity be indicated. In that case you should enclose valid documentary evidence about your present registration with RDSO, Lucknow 16.0 OFFERS 16.1 All offers addressed to the President of India should be made in the offer form as per proforma attached at annexure “A” and should be clear and complete in all respects. The offer form should be accompanied by a statement of deviation form. Tender Specification in the proforma enclosed as Annexure “B” and a statement of Deviation from the Standard Terms and Conditions of the tender in the proforma enclosed as Annexure “C”. Manufacturers may enclose with their offer and other document containing explanatory memorandum etc., should they so desire. 16.2 The price quoted and other financial terms should be given in the offer form and not in the other accompanying documents or statements. If necessary, the reverse of the form may be utilized for this purpose.

..10/-

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-10- 17.0 PRINTED CONDITIONS FOR SUPPLY

Printed conditions for supply of goods on the letters or the back of the letters sent by

the tenderers will be ignored as forming part of their tender. In case any terms and conditions of contract applicable to this invitation to tender are not acceptable to the tenderer, they should specify such deviation in the statement of deviations vide Annexure-C. It may be clearly understood that deviations from Standard Conditions of contract are neither appreciated nor generally acceptable.

17.1 If any departure or substitution from the particular specification is involved this should be clearly indicated in the Annexure to the offer form (Statement of Deviations from Standard Specifications Annexure-B). 18.0 PACKING

Attention is drawn to clause 1800 of Indian Railway Standard condition of contract. 19.0 PERFORMANCE STATEMENT Firms must fill in the enclosed performance statement as Annexure-D. The tenderers are liable to be ignored if the statement is not received duly filled in alongwith the tender. They should also submit a proforma for equipment and quality control as per Annexure-E. They should also submit information regarding production Capacity as per Annexure-F. 20.0 Tenderers should indicate the names and addresses of their Bankers. 21.0 TRANSIT INSURANCE

The purchaser will not pay separately for transit insurance and the supplier will be responsible till the entire stores contracted for arrive in good condition at destination. 22.0 PRICE PREFERENCE FOR EARLIER DELIVERY: It should be noted that if a contract is placed on a higher tenderer as a result of this invitation to tender in preference to the lowest acceptable offer in consideration of offer of earlier delivery , the contractor will be liable to pay to the Government the difference between the contract rate and that of the lowest acceptable tender on the basis of the final price. F.O.R. Destination including all elements of freight, sales tax, local taxes, duties and other incidentals in case of failure to complete 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 and without prejudice to other rights of the Government to recover all other losses and damages resulting from delayed supplies and of cancellation and risk purchase in case of failure to supply the stores. In the event of risk purchase being made against such a contract, the contractor will be liable to pay to the Government, as extra expenditure incurred, the difference between the rate quoted by the lowest acceptable tender against the present tender and that at with the risk purchase contract has been concluded.

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23.0 RIGHT OF ACCEPTANCE This office does not pledge itself to accept the lowest or any tender and reserves to itself the right of acceptance of the whole or any part of the tender or portion of the quantity offered and you shall supply the same at rate quoted. You are at liberty to tender for the whole or any portion or to state in the tender that rate quoted shall apply only if the entire quantity is taken from you. 24.0 COMMUNICATION OF ACCEPTANCE:

Acceptance by the Purchaser will be communicated by telegram, Express letter of acceptance or formal “acceptance of tender”. In cases where acceptance it communicated by telegram or express letter, the formal acceptance of tender will be forwarded to you as soon as possible but the instructions contained in the telegram or express letter should be acted upon immediately & the letter conveying acceptance of the tender will be deemed to have concluded the contract.

25.0 This tender is not transferable.

Yours faithfully, ( Prakash Mirani ) Director, Railway Stores(Wagon) Railway Board for and on behalf of the President of India

DA: Indian Railway Standard Conditions of Contract. Offer Form. RDSO specification as mentioned in Schedule of Requirement.

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ANNEXURE-A

¦ÉÉ®úiÉ ºÉ®úEòÉ®ú Government of India ®äú±É ¨ÉÆjÉÉ±ÉªÉ Ministry of Railways

®äú±É´Éä ¤ÉÉäbÇ÷ (Railway Board)

OFFER FORM To The President of India, through The Executive Director, Railway Stores (Steel), Ministry of Railways (Railway Board), Rail Bhavan, Raisina Road, New Delhi-110 001. Ref: Tender No. Sir, 1. We declare that we are manufacturers of 2. We are equipped with adequate machinery for production, quality control and testing of the materials manufactured and used by us and our factory is open for inspection by representatives of the Indian Railways. 3. We hereby offer to supply the following items at the price mentioned below and as per delivery period indicated: Sl. No. of the item

Description & specification

Quantity Price in Rupees per unit In figures In words

3.1 Total value at the rates quoted above in Rs. 4. Delivery. 4(a) PERIOD OF DELIVERY 4(a)1 Supplies will commence within weeks after placement of the order. 4(a)2 The supplies will be maintained at the rate of Nos. monthly. 4(b)1 TERMS OF DELIVERY 4(b)2 The above prices are F.O.R. (indicate station of dispatch). 5. PLACE OF MANUFACTURE: 6. PACKING: The approximate weight of each is Kgs.(This information is required

for purpose of freight calculation only). 7. We agree in the Warranty/Guarantee clause as stipulated in the Schedule of

requirement.

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2 /- 8. We enclose the following statements as required by you. 8.1 Statement of deviations from Indian Railways Standard Specifications (Annexure-B) (Send a NIL STATEMENT if there is no deviation). 8.2 Statement of deviations from the tender terms and standard conditions of contract

(Annexure-C) (Send a NIL STATEMENT if there is no deviation). 8.3 Performance statement (Annexure-D). 8.4 Proforma for equipment and quality control (Annexure-E). 8.5 Profoma for production capacity (Annexure-F). 8.6 Certified copy of partnership deed of the firm/particulars of sole proprietorship, if

applicable. 9. VALIDITY 9.1 We agree to keep our offer valid for acceptance for a period of 120 days from the date of the opening of tender and shall be bound by a communication of acceptance within the time. 10. We have read and understood the terms of the Indian Railway Standard Conditions of the contract (latest revision), instructions to tenderers and the special conditions as given in Schedule of requirement and undertake to supply the stores as per these terms. The deviations from the above terms and conditions are only those mentioned in Annexure-C. Signature of Tenderer Address Date: Telephone No. Telegraphic Address: (* See item No.5 of the invitation to tender) Encls: as per 8 above.

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ANNEXURE- B

STATEMENT OF DEVIATION FROM STANDARD SPECIFICATION TENDER NO.______________________ DATE ____________________ NAME OF TENDERER __________________________INDIAN RAILWAYS ITEM NO. DESCRIPTION PARTICULARS

OF DEVIATIONS. REMARKS

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ANNEXURE- C STATEMENT OF DEVIATION FROM TERMS AND CONDITIONS OF THE TENDER TENDER NO.______________________ DATE ____________________ NAME OF TENDERER __________________________INDIAN RAILWAYS SL.NO. REFERENCE TO TERMS AND

CONDITIONS OF TENDER DEVIATIONS IN THE OFFER

REMARKS

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ANNEXURE- D

PERFORMANCE STATEMENT

STATEMENT OR DETAILS OF PAST SUPPLIES AND CURRENT OUTSTANDING ORDERS

TENDER NO…………………………………….. DATE……………………. NAME OF THE FIRM………………………………………………………………….. Order issued by

Order no. & date

Quantity supplied in 2005-06, 2006-07, 2007-08, 2008-09 & 2009-10

Price at which supplied

Total value of order

TOTAL:

Note: Only items quoted for should be included in this statement. Orders for similar items should be entered separately, if required.

Signature of the Tenderer _________________________________ Name and address of the firm ______________________________ Name and address of Bankers _______________________________

2009 RS(I) 951 21 (TC). L Type19

ANNEXURE- E PROFORMA FOR EQUIPMENT AND QUALITY CONTROL Tender No. ………………………………Date ………………………….. Name of the firm ………………………………………………………………… ( Note : All details required only for the items tendered) 1. Name & address of the firm: 2. Telephone No. Office/Factory/Works. 2.1 Telegraphic Address. 3. Location of the Manufacturing Factory. 4. Details of Plant and Machinery executed and function in each department (Monographs &

description pamphlets) be supplied, if available. 5. Whether the process of manufacture in the factory is carried out with the aid of power of

without it. 6. Details and stocks of raw material held. 7. Production capacity of item(s) quoted for, with the existing plant and machinery. 7.1 Normal. 7.2 Maximum. 8. Details of arrangement for quality control of products such as laboratory etc. 9. Details of Technical Supervisory staff-in-charge of production and quality control. 9.1 Skilled labour employed. 9.2 Un-skilled labour employed. 9.3 Maximum number of workers (Skilled & un-skilled) employed on any day during the 19

months preceding the date of application. 10. Whether stores were tested to any standard specification, if so, copies of original test

certificates should be submitted in triplicate. 11. Are you registered with the Directorate General of Supplies and Disposals, New Delhi, for

these stores, if so, furnish full particulars of registration period of currency etc. 12. Are you a Small Scale Unit, registered with the National Small Industries Corporation Limited,

for these stores, if so, furnish full particulars of registration with currency period. Signature of Tenderer

2009 RS(I) 951 21 (TC). L Type20

ANNEXURE- F

PROFORMA FOR PRODUCTION CAPACITY TENDER NO. & DATE ………………………………………………………..

1. Name & address of the Manufacturer

2. Location of the Factory.

3. (a) The installed monthly capacity for __________________________ and the type of _________________________________________.

(b) For the type of _______________ covered under this tender, indicate the capacity separately on a single shift basis and on multiple shift basis, if so worked.

4. What is the average monthly production of __________________ during the last 5

(five) years on single shift basis?

5. What is the existing load for _________________________________________.

6. How much of the above is covered by order of the Railways?

7. What portion of the actual production capacity will be reserved for this contract? This should be indicated clearly in terms of number of items or stores per month.

8. Have you supplied the stores tendered for or other identical items in the past ? If so,

details of supplies in the last 12 months may be furnished.

(a) Description

(b) Total quantity ordered.

(c) Total quantity supplied.

(d) Total quantity pending on the date of tendering. Signature of the Tenderer

2009 RS(I) 951 21 (TC). L Type21

Annexure-X

GUARANTEE BOND (for Security Deposit)

In consideration of the President of India (hereinafter called “the Government”) having agreed to exempt…………………………………………… [hereinafter called “the said Contractor(s)”] from the demand, under the terms and conditions of an Agreement dated ………………… made between ……………………………. and ………….. for ……………………….(hereinafter called “the said Agreement”), of security deposit for the due fulfillment by the said Contractor(s) of the terms and conditions contained in the said Agreement, on production of a Bank Guarantee for Rs……………. (Rupees……………………………only), we, …………………………..…………..............Bank Ltd., (hereinafter referred to as “the Bank”) do hereby undertake to pay to the Government an amount not exceeding Rs……………against any loss or damage caused to or suffered or would be caused to or suffered by the Government by reason of any breach by the said Contractor(s) of any of the terms or conditions contained in the said Agreement. 2. We, …………………………………………Bank Ltd., do hereby undertake to pay the amount 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 damage caused to or would be caused to or suffered by the Government by reason of any breach by the said Contractor(s) of any of the terms or conditions contained in the said Agreement or by reason of the 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. 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 the 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 …………………. (Office/Department) Ministry of …………………… certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Contractor(s) and accordingly, discharges the guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the ……………………………, we shall be discharged from all liability under this guarantee thereafter. 4. We, …………………………………………Bank Ltd., further agree with the Government that the Government shall have the fullest liberty without our consent and without effecting 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(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Government against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said Agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor(s) or for any forbearance, act or omission on the part of the Government or any indulgence by the Government to the said Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us. 5. We, ………………………………………… Bank Ltd., lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Government in writing. Dated the …………………… day of ………………..20 For ………………………………. Bank Ltd.

2009 RS(I) 951 21 (TC). L Type22

Annexure-Y

BANKER’S GUARANTEE (for Earnest Money Deposit)

In consideration of the President of India (hereinafter called “the Government”) having agreed to accept from ………………………………………. (hereinafter called “the said Tenderer(s)"] earnest money in the form of Guarantee Bond, under the terms and conditions of tender no.………………………… due to open on …….. in connection with ………………………….. (hereinafter called “the said Tender”), for the due observance by the said Tenderer of the stipulation to keep the offer open for acceptance for a period of ………….. days from the date of opening of tender, to execute an agreement within the time specified, to start work within the period specified after notification of the acceptance of his/their tender and the deposit of Earnest Money in cash or furnish fresh Bank Guarantee for the said amount as part of security for the due and faithful fulfillment of the contract on acceptance of the Tender on production of a Bank Guarantee for Rs……………(Rupees ………………………………… only), we, ……………………………………….Bank Ltd., do hereby undertake to pay on demand to the Government, the sum of Rs…………………… in the event of the said tenderer having incurred forfeiture of Earnest Money / Security Deposit as aforesaid for the breach of any of the terms or conditions of the stipulations aforesaid and contained in the said tender under an order of the Authority Competent to invite tender. We, ………………………………………….Bank Ltd., further agree that the Guarantee herein contained shall remain in full force and effect till the authority competent to invite the tender discharges the guarantee, subject however that the Government shall have no right under this Bond after the expiry of one year from the date of its execution and our liability under the Bond shall be discharged if the demand for payment is not made within this period, we, …………………………………………….. Bank Ltd., lastly undertake not to revoke this Guarantee during its currency except with the previous consent of the Government in writing. Dated, the …................... day of ……………………..20 For ……………………………………………… Bank Ltd.

2009 RS(I) 951 21 (TC). L Type23

GOVERNMENT OF INDIA (BHARAT SARKAR) MINISTRY OF RAILWAYS (RAIL MANTRALAYA)

(RAILWAY BOARD)

TENDER NO. 2009/RS(I)/951/21(TC) Executive Director, Railway Stores (Steel), Ministry of Railways, Railway Board, Government of India, for and on behalf of the President of India, propose to purchase 9.6 lakh Nos.(Nine lakh sixty thousand nos.) of Non-Asbestos “L” type Composition Brake Blocks for Freight Stock with 1000 mm Wheel Dia and container flat wagons of Indian Railways to RDSO Specification No.WD-13-ABR-2006 of December-2006 with amendment No.1 of May 2007 or with latest amendment if any. Bulk purchase will be done from only those firms who have been approved by RDSO for standardized design of ‘L’ type composition Brake Blocks before opening of the tender. Other firms may be considered for developmental orders after the assessment of Capacity/Capability by RDSO, in accordance with the specifications.

Detailed tender documents can be obtained from Room No. 327, Rail Bhavan, Railway Board, Raisina Road, New Delhi. The tenderer should deposit the tender cost of Rs.4,600/-(Rupees Four thousand six hundred only, non-refundable) per set by cash to FA & CAO of any Zonal Railway and bring original cash receipt for collection of tender document. The tender documents are available between 10.00 hrs to 13.00 hrs. and 14.00 hrs. to 16.00 hrs, on any working day from 02-03-10 to 23-03-10. Parties requiring tender documents by post should deposit Rs.200/- towards the cost of postage in addition to the cost of tender documents

Tender document can, however, be downloaded from the website: http://www.indianrailways.gov.in/railway/deptts/stores/stores-idx.htm Tenderers, however, submitting their offers on the tender document downloaded from Internet should enclose original cash receipt of requisite cost of Tender Documents deposited with the FA&CAO of any of the Zonal Railways along with their tender document failing which such tenders shall be summarily rejected.

The offers should reach the Executive Director, Railway Stores (Steel), Ministry of

Railways, Rail Bhavan, New Delhi, in sealed cover addressed to the President of India through Executive Director, Railway Stores (Steel), not later than 2.30 P.M. (14.30 Hrs.) on 25.03.2010. The tender will be opened on the same date at 3.00 P.M. (15.00 Hrs.) in the presence of the tenderer’s representative who may like to be present. Sd/- (H.S.ROY CHOWDHURY)

EXECUTIVE DIRECTOR RAILWAY STORES (STEEL) MINISTRY OF RAILWAYS (RAILWAY BOARD) NEW DELHI

FOR AND ON BEHALF OF THE PRESIDENT OF INDIA.