Medha Servo Drives Pvt. Ltd. P-4/5 B, I.D.A. Nacharam, Hyderabad , India Tel : ; Fax : ;

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1 (A Government of India Enterprise) O&M DIVISION Right wing, IInd Floor, RITES BHAWAN Plot No. 1, Sector 29, Gurgaon , Haryana, (INDIA) Telefax : +91(0124) , Tel : +91(0124) Section I TENDER NOTICE NO: RITES/O&M/R&D/1019/ Excitation Control/ ST. Date: Medha Servo Drives Pvt. Ltd. P-4/5 B, I.D.A. Nacharam, Hyderabad , India Tel : ; Fax : ; Subject: Single Tender for Supply of Microprocessor based Propulsion/Excitation Control System to RDSO Specification No. MP (Rev.0.06), with complete control panel as per DLW purchase specification No. DEL/SPN/235(Rev.R2) with Micro Controller Based Governor (MCBG) as per RDSO specification No. MP (Rev.00) Oct.2008, DLW P.L. No along with AUTO CREEP CONTOL as per RDSO specification No. MP (Rev.0.06) and Electronic Note Book Complete with Communication Data Analysis Software and Configuration Software and cables to PL No for 1350 WDS6-AC/DC, 6 cylinder Diesel Electric Locomotive. NIT : NO: RITES/O&M/R&D/1019/ Excitation Control/ ST. Date : Single Tenders in sealed envelope are invited by RITES Ltd. from eligible Tenderers, meeting qualification criteria stated in the Tender documents as per the detailed specifications. The tender particulars are given as under: Tender No. Title of Work Period of delivery Date & time of submission of tenders. Date & time of opening of tenders. NO: RITES/O&M/R&D/1019/ Excitation Control/ ST.. Date Supply of Microprocessor based Propulsion/Excitation Control System to RDSO Specification No. MP (Rev.0.06), with complete control panel as per DLW purchase specification No. DEL/SPN/235(Rev.R2) with Micro Controller Based Governor (MCBG) as per RDSO specification No. MP (Rev.00) Oct.2008, DLW P.L. No along with AUTO CREEP CONTOL as per RDSO specification No. MP (Rev.0.06) and Electronic Note Book Complete with Communication Data Analysis Software and Configuration Software and cables to PL No on 1350 WDS6-AC/DC, 6 cylinder Diesel Electric Locomotive. Qty: One No., at Central Workshop GOC, Southern Railway, Trichy, Tamilnadu. 60 days at Hrs at Hrs. 1

2 1.0 The tenders must be submitted in the above office on or before the advertised date. Tenders will be opened in presence of the Tenderder s representatives who choose to attend at scheduled time in the office mentioned above. In case of unscheduled holiday on the closing/opening day of the tender, the next working day will be treated as scheduled prescribed day for closing and opening of the tender, the time notified remaining the same. 2.0 Issue of tender document to Tenderder will not automatically mean that the Tenderder is qualified for the Award of contract. The Tenderers will be required to fulfill the qualification criteria given in the tender document before being considered eligible for award of contract. 3.0 Tenderers are required to put their sealed tender in the Tender Box personally or through their authorized representative. Tenders in sealed condition shall also be received by post/ courier provided that the Tender is received before the stipulated date and time, in O&M section of RITES Office, II Floor, Right Wing, RITES Bhawan, Plot No.1, Sector-29, Gurgaon , Haryana, India. RITES Ltd shall not be held responsible for the delay/ non-receipt of the Tender. 4.0 The Tender No. and Title shall be super scribed on the sealed envelopes addressed to General Manager (O&M), RITES LTD, 2 nd Floor (Right Wing), RITES Bhawan, No.1, Sector, 29, Gurgaon (Haryana), (Telephone No ) RITES Limited does not bind themselves to accept the lowest or any offer or to give reasons for their decision. RITES Limited also reserves the right to reject or accept the offer without assigning any reason. 6.0 Bidders may also down load tender document from RITES website: Consignee: Material to be supplied, installed, commissioned and tested on WDS6 locomotive available at Central Workshop, under Chief Workshop Manager, Central Workshop, Golden Rock, Southern Railway, Trichy.(Tamilnadu). General Manager / O&M 2

3 SECTION II Instructions to Tenderer / Bidder GENERAL INSTRUCTIONS 1.0 DOCUMENTS FOR SUBMISSION Following documents will be submitted along with the Tender: Original Tender document sent by this office or the tender document down loaded from RITES website duly signed and stamped on each page by the Authorized representative of the firm. i) Price Schedule as per BOQ as per Annexure- 2 Section IV iii) Authorization letter from manufacturer, in case of Agents Annexure -3 section IV. iv) PAN No. and S tax No. v) All formats and statements duly filled in. 2.0 QUALIFYING REQUIREMENTS OF TENDERERS The tenderer shall provide satisfactory evidence acceptable to the purchaser to show that Tenderer is on the approved list of RDSO & has supplied at least 2 (Two) times similar material during last 3 years to DLW/DMW/RDSO/Indian Railways/RITES. 3.0 Micro & Small scale Enterprises (MSEs) registered with following :- District Industries Centres Khadi and Village Industries Commission Khadi and Village Industries Board Coir Board National Small Industries Corporation Directorate of Handicraft and Handloom Any other body specified by Ministry of MSME will enclose with their offer the proof of their being MSE registered with any of the agencies mentioned above. The MSEs must also indicate the terminal validity date of their registration. Failing which, such offers will not be liable for consideration of benefits detailed in MSE notification of Govt. Of India dated Further the vendors have to submit documents whether they are i) Micro Enterprises ii) Small Enterprises. Also if (i) Enterprise is owned by scheduled class (ii) Enterprise is owned by scheduled tribe. 4.0 Validity of the Offer: The offer should be valid for minimum of 150 days from date of opening of the tender. 5.0 SIGNATURE OF BIDS/OFFERS 5.1 The offer must contain the name, address and place of business of the person(s) making the offer and must be duly signed and stamped on each page by the bidder with his usual signature. 5.2 Offer by partnership firm must be furnished with full names of all partners and be signed with the partnership name, followed by the signature s and designation(s) or other authorized representative(s) 5.3 Offers by Corporation/Company must be signed with the legal name of the Corporation/ Company by the President, Managing Director or Secretary or other person authorized to furnish offer on behalf of such corporation/company in the matter. 5.4 An offer of a person who affixes to his signature the word President/Managing Director/ Secretary or other designation without disclosing his principal will be rejected. 5.5 The power of attorney in the name of the person signing on behalf of the contractor/bidder shall be furnished along with the offer. 5.6 The bidder s name stated on the proposal shall be the exact legal name of the firm. 3

4 5.7 Erasures/corrections or changes in the offer shall be over the initials of the person signing the bid. 5.8 Offers not conforming to the above requirements of signing may be disqualified. 5.9 All tenderers or their representatives must bring with them an authority letter on the letterhead of the tenderer duly signed by competent authority to attend the tender opening. Failing to which they will not be allowed to attend the opening of the tenders. 6.0 SUBMISSION OF OFFERS 6.1 All offers shall be either type-written or written neatly in indelible ink. 6.2 All prices and other information like discounts etc. having a bearing on the price shall be written both in figures and words in the prescribed offer form. 6.3 Offer strictly in the prescribed format (BOQ, Annexure-2,Secttion IV) should be addressed to the General Manager(O&M), RITES Ltd, RITES Bhawan, 2 nd Floor, Right Wing, No. 1, Sector 29, Gurgaon (Haryana) submitted in sealed envelope. The envelope should indicate the Tender No and Due date & time of opening and should also indicate the tenderers complete address 6.4 Each page of the offer must be numbered consecutively should be signed by the tenderer at the bottom. 6.5 The photocopies of any document enclosed with the offer should be self attested. 7.0 PRICE BASIS AND CURRENCY OF PAYMENT 7.1 No advance shall be payable. 7.2 Currency of Payments: The entire contract price will be paid in Indian Rupees only. 7.3 The tenderers should quote their lowest possible prices. 7.4 The prices quoted shall be firm and not subject to any variation. 7.5 Tenderers are required to quote prices on CIP destination basis. The CIP destination price shall include all taxes (including service tax, professional tax etc) duties & levies (State/Central Taxes and Excise Duties leviable on the final finished supplies tendered for), insurance, freight charges, license fee etc arising out of the contract and shall be directly payable by the contractor. 7.6 RITES is registered with Delhi VAT and TIN no. is , so all invoices shall be in favour of Scope Minar, Laxmi nagar, Delhi , indicating TIN No. and dispatched to General Manager (O&M), RITES Office, 2 nd floor Bhawan 1, Sector 29, Gurgaon FREIGHT: The goods are required to be delivered to the consignee as indicated in schedule of requirements. The freight shall be borne by the Contractor. 9.0 INSURANCE: The purchaser shall not arrange for any transit insurance. Supplier shall be responsible till the entire stores contracted for arrive in good condition at destination. The tenderer should insure the goods towards transit, he may arrange for it himself and pay insurance charges. The consignee will advise regarding shortage/damaged if any to the contractor within 30 days of the arrival of goods and it shall be responsibility of the tenderer to lodge the necessary claim on the carrier and/or insurer and pursue the same. The tenderer shall however, at his own cost replace/rectify the goods lost/damaged to the entire satisfaction of the consignee within 30 days from the date of receipt of intimation without waiting for the settlement of the claim so that machine/equipment is commissioned at the earliest The tenders received should indicate clearly the rates of ED, CST/ST/VAT etc. as leviable and as applicable on particular item. In case concessional duty or taxes are applicable, the tenderer should quote accordingly. However, if the tenderer states in his offer that ED, CST/ST/VAT etc. will be charged as prevailing at the time of supply, then while working out CIP destination rates for comparison, the highest rate applicable will be loaded on the offer. Similarly, if concessional rate of ED, CST/ST/VAT or any other levy is applicable due to lower turnover, the highest applicable rate will be taken for the evaluation purpose of CIP destination rates unless the tenderer confirms in the offer that any increase in the ED, CST/ST/VAT or other levy due to increase in the turnover will be absorbed by the tenderer. Entry Tax/Octroi if applicable will be paid separately on submission of documentary proof. No form C will be given by purchaser Purchaser reserves the right to reject/accept or divide the offer in more than one tenderer. The Purchaser may accept a tender for a part of whole of the quantity offered, reject any tender without assigning any reason and may not accept the lowest or any tender. The contract will be awarded to the best qualified and responsive bidder 4

5 offering the lowest evaluated bid in conformity with the requirements of the specifications and documents. The Purchaser shall be the sole judge in this regard and subject to the provisions of the Instructions to Bidders, Technical Specifications, Standard, Special and other Conditions detailed out in the tender documents. A responsive bid is one which accepts all terms and conditions of the specifications and documents without any major deviation/modification. A major deviation/modification is one which effects in any way the prices, quality, quantity or delivery period and commissioning of the equipment/machine or which limits the responsibilities or liabilities of the bidder or any rights of the purchaser and/or owner as required in these tender documents. However purchaser/owner may waive any minor informalities or irregularities in the bid The Purchaser reserves the right to increase or decrease the quantity up-to ±30% of the quantity offered by the successful tenderers at the rates & other terms and condition offered by them. The tenderers are bound to accept the increase or decrease in the quantity under this clause at the time of placement of contract or during the currency of the contract. While operating this clause the quantity shall be rounded off to the nearest whole number. However, if the tendered quantity is 1 No, Purchaser reserves the right to increase the quantity under this clause to 2 Nos Award of the Contract will be communicated in writing to the successful Bidder by the Purchaser formal letter of Advance Acceptance of Tender. The letter of Advance Acceptance should be deemed to conclude the contract EFFECT AND VALIDITY OF OFFER 14.1 The submission of any offer connected with these specifications and documents shall constitute an agreement that the tenderer shall have no cause of action or claim, against the Purchaser for rejection his offer. The Purchaser shall always be at liberty to reject or accept any offer or offers at his sole discretion and any such action will not be called into question and the tenderer shall have no claim in that regard against the Purchaser The offer shall be kept valid for acceptance for a minimum period of 150 (one hundred and fifty) calendar days from the date set for opening of tender Offers shall be deemed to be under consideration immediately after they are opened until such time the official intimation of award of contract is made by the Purchaser to the tenderer. While the offers are under consideration, tenderers or heir representatives or other interested parties are advised to refrain from contacting the Purchaser. If necessary, the Purchaser will obtain clarifications on the offers by requesting for such information from any or all the tenderers, either in writing or through personal contacts, as may be considered necessary. Tenderers will not be permitted to change the substance of their offers after the offers have been opened PAYMENT TERMS Payment terms should be followed strictly as per terms and conditions of Bid Documents. The standard payment terms subject to recoveries, if any, by way of Liquidated Damages and TDS as per Government of India guidelines will be as under: (a) 90% payment will be made on delivery and remaining 10% on installation, commissioning & testing of equipment. (b )Any payment due, required to be reimbursed as per the contract to the Contractor shall be made on submission of bills with documentary proof 16.0 PAYMENT PROCEDURE Payment to Contractor/Supplier will be made in Indian Rupees against submission of bills with the relevant documents. Payment will be made through EFT (Electronic Fund Transfer). Tenderers to provide the details of Bank A/c in line with RBI guidelines for the same. These details will include Bank name, Branch name & Address, Account type, Bank A/c No. and Bank & Branch Code as appearing on MICR Cheque issued by bank. Tenderer to attach certificate from their bank certifying the correctness of all above mentioned information. In case of non payment through EFT or where EFT facility is not available, payment will be released through A/c Payee Cheque INSPECTION : Inspection will be done by RITES or it s representative at firm s premises before dispatch. Inspection charges will be borne by contractor/manufacturer. 5

6 18.0 WARRANTY : Contractor shall provide complete warranty against any manufacturing defects and such other defects for a period of 12 months from the date of Commissioning or 18 months from the date of supply whichever is earlier. All the defects during the warranty period shall be removed by the Contractor at his own cost within reasonable period of time as agreed with RITES representative. All replacement and repairs the Purchaser shall call upon the Contractor to deliver or perform under this warranty shall be delivered and performed by the Contractor within 15 days, promptly and satisfactorily. The warranty period shall be extended by the number of days the machine/material remains under breakdown during the warranty period, the warranty period of such part(s) replaced and/or repairs and parts immediately connected there to shall also be extended for a period of 12 months from the date of such replacement/ repair LIQUIDATED DAMAGES: If the Tenderder fails to supply the material / equipment or complete the work given under this contract within the agreed delivery schedules mentioned herein or any extension thereof authorized by the Purchaser and/or fails to fulfil their obligations under this contract, the Tenderder shall be liable to pay liquidated damages and not by way of penalty, a sum equal to ½ (half) percent per week of delay in supply of complete equipment/material subject to maximum of 10 (Ten) percent of the contract value. The compensation shall be payable by the Tenderder without prejudice to the rights and remedies available to the Purchaser in respect of any fault/ default by the Tenderder. All correspondence pertaining to this order shall be addressed to: The General Manager (O&M) RITES LTD., O&M Division, Ph. No. (0124) , Right Wing, 2 ND Floor, Roc Complex, Plot No. 1, FAX: (0124) , Sector 29, Gurgaon Haryana 6

7 SECTION III GENERAL CONDITIONS OF CONTRACT 1.0 Failure and Termination: If the Contractor fails to deliver the stores (machine/equipment) or any Installment thereof within the period fixed for such delivery in the contract or as extended or at any time repudiates the contract before the expiry of such period, the Purchaser may without prejudice to his other rights: (a) recover from the Contractor as agreed liquidated damages as stated ealier. OR (b) cancel the contract or a portion thereof and if so desired purchase or authorise the purchase of the stores not so delivered or others of a similar description (where stores exactly complying with particulars are not, in the opinion of the Purchaser, which shall, be final, readily procurable) at the risk and cost of the Contractor. It shall, however, be in the discretion of the Purchaser to obtain or not the Performance Guarantee Bond from the firm/firms on whom the contract is placed at the risk and expense of the defaulting firm. Where action is taken under sub-clause (b) above, the Contractor shall be liable for any loss which the Purchaser may sustain on that account provided the purchase, or, if there is an agreement to purchase, such agreement is made, in case of failure to deliver the stores within the period fixed for such delivery in the contract or as extended within nine months from the date of such failure and in case of repudiation of the contract before the expiry of the aforesaid period of delivery, within nine months from the date of cancellation of the contract. The Contractor shall not be entitled to any gain on such purchase and the manner and method of such purchase shall be in the entire discretion of the Purchaser. It shall not be necessary for the Purchaser to serve a notice of such purchase on the Contractor. 2.0 Extension of Time for Delivery: If such failure as in the aforesaid clause shall have arisen from any cause which the Purchaser may admit as reasonable ground for extension of time, the Purchaser shall allow such additional time as he considers to be justified by the circumstances of the case, and shall forgo the whole or such part, as he may consider reasonable, of his claim for such loss or damage as aforesaid. Any failure or delay on the part of Sub-Contractor, though their employment may have been sanctioned shall not be admitted as a reasonable ground for any extension of time or for exempting the Contractor from liability for any such loss or damage as aforesaid. 3.0 Consequence of Rejection: If on the stores being rejected by the Inspector or Consignee at the destination, the Contractor fails to make satisfactory supplies within the stipulated period of delivery, the Purchaser shall be at liberty to: require the Contractor to replace the rejected stores forthwith but in any event not later than a period of 21 days from the date of rejection and the Contractor shall bear all cost of such replacement including freight, if any, on such replacing and replaced stores but without being entitled to any extra payment on that or any other account: OR purchase or authorise the purchase of quantity of the stores rejected or others of a similar description (when stores exactly complying with particulars are not in the opinion of the Purchaser, which shall be final, readily available) without notice to the Contractor at his risk and cost and without affecting the Contractor s liability as regards the supply of any further installments due under the contract: OR cancel the contract and purchase or authorise the purchase of the stores or others of a similar description (when stores exactly complying with particulars are not, in the opinion of the Purchaser, which shall be final, readily available) at the risk and cost of the Contractor. 4.0 FORCE MAJEURE Force Majeure is herein defined as any cause which is beyond the control of the Contractor or the Purchaser or the Owner as the case may be which they could not foresee or with a reasonable amount of diligence could not have foreseen and which substantially affect the performance of the Contract such as:- Natural Phenomena including but not limited to floods, draughts, earthquakes and epidemics. Acts of any government, domestic or foreign, including but not limited to war, declared or undeclared, priorities, quarantines and embargoes. Provided either party shall within fifteen (15) days from the occurrence of such a cause notify the other in writing of such cause. 7

8 If the Force Majeure condition(s) mentioned above be in force for a period of 90 days or more at any time, the Purchaser shall have the option to terminate the contract on expiry of 90 days of commencement of such force majeure by giving 15 days notice to the Contractor in writing. In case of such termination, no damages shall be claimed by either party against the other, save and except those which had occurred under any other clause of this contract prior to such termination. 5.0 ACCEPTANCE OF STORES DESPATCHED AFTER THE EXPIRY OF DELIVERY PERIOD In cases where only a portion of the stores ordered is tendered for inspection at the fag end of delivery period and also in cases where inspection is not completed in respect of the portion of the stores tendered for inspection during the delivery period because of the reason that adequate notice for inspection was not given by the Contractor, the Purchaser reserves the right to cancel the order for the balance quantity, at the risk and expense of the Contractor without any further reference to him. If the stores tendered for inspection during or at the fag end of the delivery period are not found acceptable after carrying out the inspection, Purchaser is entitled to cancel the contract in respect of the same at the risk and expense of the Contractor. If, however, the stores tendered for inspection are found acceptable, the Purchaser may grant an extension of the delivery period subject to the following conditions: a) The Purchaser has the right to recover from the Contractor the liquidated damages on the stores, which the Contractor has failed to deliver within the period fixed for delivery. (b) That no increase in price on account of any statutory increase in or fresh imposition of Customs Duty, Excise Duty, Sales Tax, Freight Charges or on any account of any other tax or duty leviable in respect of the stores specified in the contract, which takes place after the date of delivery period stipulated in the said Acceptance of Tender, shall be admissible on such of the said stores as are delivered after said date. (c) That notwithstanding any stipulation in the contract for increase in price on any other ground, no such increase which takes place after the delivery date stipulated in the contract shall be admissible on such of the said stores as are delivered after the said date. (d) But nevertheless the Purchaser shall be entitled to the benefit of any decrease in price on account of reduction in or remission of Customs Duty, Excise Duty, Sales Tax or on account of any other ground which takes place after the expiry of the delivery date stipulated in the contract. The Contractor shall allow the said benefit in his bills or in the absence thereof shall certify that no decrease in price on account of any of these factors has taken place. (e) The Contractor shall not despatch the stores till such time an extension above is granted by the Purchaser and accepted by the Contractor. If the stores are despatched by the Contractor before an extension letter as aforesaid is issued by the Purchaser and the same are accepted by the consignee, the acceptance of the stores shall be deemed to be subject to the conditions (a) to (d) mentioned in clause above. (f) In case where the entire quantity has not been tendered for inspection within the delivery period stipulated in the contract and the Purchaser chooses to grant an extension of the delivery period the same would be subject to conditions (a) to (d) mentioned in clause above. (g) The Contractor shall not despatch the stores till such time an extension in terms of the above is granted by the Purchaser. If the stores are despatched by the Contractor before an extension letter as aforesaid is issued by the Purchaser, the supply of the stores shall be deemed to be subject to conditions set above. 6.0 ARBITRATION Except where otherwise provided for in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof shall be referred to the sole arbitration of RITES. 8

9 SECTION IV ANNEXURE - 1 COMMERCIAL DETAILS Tender No... Name of the firm Address of firm with Telephone No(s), Fax No(s), address. Name and address of the contact persons. Is the firm a small scale unit registered with NSIC? If so, a copy of the registration certificate (self attested) should be enclosed. Name and address of the Banker. A copy of PAN Signature (Name/Designation) & Seal 9

10 Annexure 2 B O Q 1 Description Microprocessor based Propulsion/Excitation Control System to RDSO Specification No. MP (Rev.0.06), with complete control panel as per DLW purchase specification No. DEL/SPN/235(Rev.R2) with Micro Controller Based Governor (MCBG) as per RDSO specification No. MP (Rev.00) Oct.2008, DLW P.L. No along with AUTO CREEP CONTOL as per RDSO specification No. MP (Rev.0.06) and Electronic Note Book Complete with Communication Data Analysis Software and Configuration Software and cables to PL No Qty: One No., to be supplied, installed, commissioned and tested at on 1350 WDS6-AC/DC, 6 cylinder Deiesel Electric Locomotive, Central Workshop GOC, Southern Railway, Trichy, Tamilnadu. 3 Unit rate/set in figures & in words 4. Packing charges 5. Forwarding charges 6. Quantity One No. 7 Excise Duty 8. Sales Tax / CST 9. Any other tax or levies. 10 Total Price 11. Freight up to destination 12 Insurance charges. 13 Other charges if any. 14. CIP Destination Total Price 15. Discount if any 16. Net Price after discount (both in figures and words) Date:. NOTE:- Inspection charges will be borne by contractor/manufacturer. Signature and Seal of the Tenderer The offer must be submitted as per the above format. The prices should be both in figures and words No alterations or erasures in the offer are permitted. Any correction made in the offer must be initialed by the tenderer. 10

11 ANNEXURE 3 (On letter head of the Manufacturer and should be signed by the Competent Authority) PROFRORMA FOR LETTER OF AUTHORIZATION FROM THE MANUFACTURERS Ref. No: Date.. To, General Manager (O&M), RITES Limited, RITES Bhawan, Plot No. 1, Sector 29, Gurgaon (Haryana), India. Dear Sir, Sub: Tender No. We,.., an established manufacturer of. having factory at.. and office at.. We authorise M/s.. (Name and address of agents) to sell our products and can participate in above mentioned tender directly in accordance with their Terms of Business. We shall provide strong technical support to our authorize agent as well as to the final user. No firm or individual other than M/s. are authorized to represent us in regard to the business against this specific tender. Yours faithfully Signature (Name ) For & on behalf of M/s..(Manufacturer) 11