RITES invites tender for supply of cables for electronic interlocking based automatic signalling in Dhaulpur to Gwalior section of Jhansi Division

RITES Limited, a Public Sector Enterprise under the Ministry of Railways, invites online e-tender for Supply of signalling/telecom cable (RDSO approved Signalling/Telecom Cable) for Electronic Interlocking (EI) based automatic signalling in Dhaulpur to Gwalior section of Jhansi Division of North Central Railway.

• Tender Reference Number: RITES/RI/ESNT/NCR/CABLE/2023
• Name of Work: Supply of signalling/telecom cable (RDSO approved Signalling/Telecom Cable) for Electronic Interlocking (EI) based automatic signalling in Dhaulpur to Gwalior section of Jhansi Division of North Central Railway.
• Estimated Cost of Work: INR 15,16,53,600 Crore
• EMD: INR 30,34,000/-
• Period of Completion: 03 Months
• Document Download / Sale Start Date: 16th June, 2023
• Document Download / Sale End Date: 10th July, 2023
• Bid Submission Start Date: 03rd July, 2023
• Bid Submission End Date: 10th July, 2023
• Bid Opening Date: 11th July, 2023

Scope of Supply:

• This contract is for the supply of the Goods of the description, specifications, and drawings, and in the quantities outlined in the contract on the dates specified therein.
• Incidental Works/ Services: If so stipulated, the contractor shall be required to perform specified incidental Works/ Services (e.g., Installation, Commissioning, Operator’s Training etc. in case of Supply of Capital Goods/ Machinery & Plant) as an integral part of the Goods in the contract.

Technical Specifications and Standards:

• The Goods & incidental Works/ Services to be provided by the contractor under this contract shall conform to the technical specifications and quality control parameters mentioned in ‘Technical Specification and Quality Assurance’ under Sections VII of the Tender Document or as stipulated in the contract.
• Wherever references are made in the Contract to codes and standards by which it shall be executed, the edition or the revised version of such codes and standards shall be those specified in the Contract. During Contract execution, any changes in any such codes and standards shall be applied only after approval by the Purchaser.
• For standards and requirements where no applicable specifications/ Quality Assurance are mentioned, appropriate latest authoritative standards and quality assurance issued by the concerned institution shall be applicable. The Goods supplied shall be.
• Entirely brand new, unused, and incorporate all recent improvements in design and materials unless prescribed otherwise by the Procuring Entity in the contract.
• Conform to materials, manufacture and workmanship as stipulated in the contract, free of all defects and faults using specified/ appropriate materials, manufacture, and workmanship throughout and consistent with the established and generally accepted standards for Goods of the type ordered and in full conformity with the contract specification, drawing or sample, if any. 

Quantity Tolerance:

• Unless otherwise stipulated in the contract, the obligation for completing supplies shall be considered complete if the Goods have been supplied to the tolerance of plus or minus 5% of the quantity or of the total value of goods ordered in the contract. Only the supplied quantity shall be paid for as per the terms of the contract.

Eligible Goods – Country of Origin and Minimum Local Content:

• Unless otherwise stipulated in SCC or Contract, the country of origin of ‘Goods’ and ‘incidental Works/ Service’ to be supplied under the contract shall have their origin in India or other countries and must conform to the declaration made by the contractor in its bid regarding but not limited to;
  • Restrictions on certain countries with land-borders with India;
  • Minimum local content and location of value addition (Make in India Policy);
  • Contractor’s status as MSE or Start-up.
• The term “origin” used in this clause means where the goods (including subcontracted components) are mined, grown, produced, or manufactured or from where the incidental Works/ Services are arranged and supplied. For purposes of this Clause, the term ‘Goods’ shall have the meaning as defined in GCCclause 1.2.

Option Quantity Clause:

• If invoked explicitly in the contract, the Procuring Entity shall reserve the right, but without any obligation to do so, to increase or decrease the ordered quantity upto a percentage specified therein (or 25% if not specified) at any time, till the final delivery date of the contract, by giving reasonable notice and commensurate delivery period, even though the quantity ordered initially has been supplied in full before the last date of Delivery Period.

Spare parts in Supply of Capital Goods/ Machinery and Plant:

• If SCC/ Contract declares it to be the procurement of Capital Goods/ Machinery & Plant, the contractor shall supply/ provide any or all of the following materials, information etc. about spare parts manufactured and/ or supplied by them
• The spare parts as selected by the Procuring Entity to be purchased from the contractor, subject to the condition that such purchase of the spare parts shall not relieve the contractor of any contractual obligation including warranty obligations; and
• In case the production of the spare parts is discontinued within the service life of the equipment supplied hereunder (or a period stipulated in the contract)
• Sufficient advance notice to the Procuring Entity before such discontinuation to provide adequate time for it to purchase the required spare parts etc., and
• Immediately following such discontinuation, as and if requested by the Procuring Entity, provide free of cost the designs, drawings, layouts, specifications, and alternative sources of supply of such spare parts.
• The contractor shall carry sufficient inventories to assure ex-stock supply of consumable spares for the Goods so that the same is supplied to the Procuring Entity promptly on receipt of the order from the Procuring Entity.

Warranty/Guarantee:

• If so stipulated in the SCC/ Contract, the following warranty/ Guarantee clause shall apply:
• The contractor hereby covenants that it is a condition of the contract that all Goods supplied to the Procuring Entity under this contract shall be free of all defects and faults arising from design, materials (except when the design adopted and/ or the material used are as per the Procuring Entity’s specifications) or workmanship or from any act or omission of the contractor, that may develop under regular use of the supplied Goods under the conditions prevailing in India.
• Unless otherwise indicated in the contract, the contractor also guarantees that the said Goods would continue to conform to the description and quality as aforesaid, for 30 months after their delivery or 24 months from the date of placement in service (e.g., installation and commissioning), whichever shall be sooner.

Obligations of the contractor under the warranty clause shall survive even though:

• The Goods may have been inspected, accepted, installed/ commissioned and paid for by the Procuring Entity.
• The contract is terminated for any reason whatsoever.
• The Procuring Entity shall promptly notify in writing to the contractor, If during the period above, the said goods/ stores/ articles are discovered not to conform to the description and quality or have deteriorated, otherwise than by fair wear and tear (the decision of the Procuring Entity in that behalf being final and conclusive).
• Upon receipt of such notice, the contractor shall, within 14 days (or within any other period, if stipulated in the contract), expeditiously repair or replace the defective Goods or parts thereof, free of cost, at the ultimate destination. The Contractor shall take over the replaced parts/ Goods after providing their replacements, and no claim shall lie on the Procuring Entity for such replaced parts/ Goods after that.
• A penalty of 0.5% (half per cent) of the contract value for the delay in response time beyond specified time as detailed above shall be recoverable from the Performance/ Warranty Guarantee or as per GCC-clause 10.4 below.
• The maximum penalty for warranty failure will be 5% (Five percent) of the contract value during the whole warranty period. If there is further such delay after reaching this limit, Procuring Entity shall be entitled to encashment of whole of Performance/ Warranty Guarantee Bonds. In such an event, action similar to GCC-clause 9.10 for inordinate delays would also be taken.
• In case of any rectification of a defect or replacement of any defective Goods during the warranty period, the warranty for the rectified/ replaced Goods shall remain till the original warranty period.
• If the contractor, having been notified, fails to rectify/ replace the defect(s) within 21 days (or within any other period, if stipulated in the contract), it shall amount to breach of Contract for default under GCC-clause 12.1, and the Procuring Entity shall avail any or all remedial action(s) thereunder. 

The contractor should note and clearly understand that:

• North Central Railway is getting the work executed on through its consultant referred to as RITES in these documents. If any loss is sustained by North Central Railway the contractor will make good the same at his own cost. He shall also indemnify North Central Railway/Owner against any claims resulting from the negligence of any acts of omission or commission of the contractor or his agents.
• The Special Conditions supplement the General Conditions of Contract. Where the provisions of special conditions are at variance with the General Conditions of contract and other tender/contract documents, these Special Conditions shall prevail and supersede to General Conditions of Contract/other tender/ contract documents.
• Where there is any conflict between Instructions to tenderers, Conditions of Contract, Special Conditions of Contract, Tender forms, the schedule of works and quantities on the one hand and General Conditions of Contract on the other, the former shall prevail.
• The Contractor shall deemed to have inspected and examined the site and its surroundings & information available in connection therewith & to have satisfied himself as far as practicable before submitting his Tender, as to the form and nature thereof including the subsurface conditions, the extent and the nature of work and materials necessary for the completion of the work, the means of access to the site etc and in general shall be deemed to have obtained all necessary information as to risks contingencies and all other circumstances which may influence or affect his Tender.
• Before starting the work contractor/s shall submit PERT CHART and get approved from the competent authority and the same shall be on display in office. This chart shall be reviewed after every 15 days.
• Safe custody of the materials at site/contractor depot is the responsibility of the contractor till the supply and handing over of the material to consignee. The work will be carried out in stages and in some cases under traffic conditions; therefore the contractor is required to follow the traffic rules.
• The land and place where materials are to be stacked shall be made fit for stacking of materials by the contractor at his own cost, nothing extra will be paid for this purpose.
• The contractor will also himself / themselves arrange and pay for the cost of land use for such working facilities as he/they need (i.e. land for labour camps, contractors office, approach road to site(s) of work etc. The contractor will be deemed to have included this element of cost in their through tendered rates and will not be entitled to any extra payment.
• The contractor shall not be entitled to any compensation for any delay in the execution of related items of work to be executed under other contracts.
• Necessary haul roads as required by contractor shall be satisfactorily constructed and maintained by the contractor at his own cost.
• The contractor must not interfere with the work of other contractors who may be employed simultaneously or otherwise by RITES/RAILWAY.
• The contractor shall build and provide his site office at his own cost with communication arrangements if required.
• If any loss is sustained by any acts of omission or commission of the Contractor or his agents will make good the same at his own cost. He/they shall also indemnify RITES/North Central Railway against any claims resulting from the negligence or any acts of omission or commission of the Contractor or his agents.
• The Contractor/supplier shall make his own arrangement on his own sole account for transporting the materials within work premises under this Agreement.
• In case any material is rejected at the site due to its not conforming to the specifications, the contractor/supplier shall arrange to remove all such materials from site at his own cost within 7 days of the receipt of the notice to do so. In case of default, removal from site shall be done by RITES Ltd. at the risk and cost of the contractor/supplier.
• If any work (whether/temporary or permanent) or materials, the value of which has been included in any on account bill, is destroyed/damaged for any reasons or stolen, the same shall restored or replaced by the contractor at his own cost or otherwise the value of the work or materials so destroyed/damaged or stolen shall be recovered by the RITES Ltd. from any payment due to the contractor.
• The Bidder should not have been declared as Poor Performer/supplier by RITES/Railway and their name should not currently be in the ‘Negative List’ of RITES/Railway.
• Before placing the supply order for Signalling/Telecom cable specific approval of RITES Ltd. Gurgaon to be obtained.
• All invoices for S&T work shall be accompanied with the following, for the purpose of arranging payment against Supply of items defined in Clause 10.3.3 of GCC
• The Materials which are to be inspected by RDSO should be supplied from an RDSO approved vendor.
• Supply will be directly delivered to RITES at destination stores, probably Gwalior/Birla Nagar/Rayaru stations and further to be issued to agencies for execution in the section from Gwalior to Dhaulpur of North Central Railway.

Item Details:

Eligibility:

• Subject to provisions in the Tender Document, participation in this Tender Process is open to all bidders who fulfil the ‘Eligibility’ and ‘Qualification criteria. Bidder should meet the following eligibility criteria as of the date of his bid submission and should continue to meet these till the award of the contract. Bidder shall be required to declare fulfilment of Eligibility Criteria in Form 1.2 (Eligibility Declarations). The Bidder, unless otherwise stipulated in TIS/ AITB:
• Must:
  • Be a natural person, private entity, or public entity (State-owned enterprise or institution).
  • Unless permitted explicitly in TIS/ AITB, not be (or proposes to be, a Joint Venture/ Consortium (an association of several persons, firms, or companies – hereinafter referred to as JV/C).
  • Be a manufacturer of the product offered or be dealer authorised by the Principal/ OEM.
• Must:
  • Not be insolvent, in receivership, bankrupt or being wound up, not have its affairs administered by a court or a judicial officer, not have its business activities suspended and must not be the subject of legal proceedings for any of these reasons.
  • Including their affiliates or subsidiaries or Contractors/ subcontractors for any part of the contract)
  • Not stand declared ineligible/ blacklisted/ banned/ debarred by the RITES Limited or its Ministry/ Department from participation in its Tender Processes; and/ or
  • Not be convicted (within three years preceding the last date of bid submission) or stand declared ineligible/ suspended/ blacklisted/ banned/ debarred by appropriate agencies of Government of India from participation in Tender Processes of all of its entities,
• Offences involving moral turpitude in business dealings under the Prevention of Corruption Act, 1988 or any other law; and/or offences under the Indian Penal Code or any other law for causing any loss of life/ limbs/ property or endangering Public Health during the execution of a public procurement contract and/ or suspected to be or of doubtful loyalty to the Country or a National Security risk as determined by appropriate agencies of the Government of India.
• Not have changed its name or created a new business entity as covered by the definition of “Allied Firm”, consequent to having been declared ineligible/ suspended/ blacklisted/ banned/ debarred as above;
• Not have an association (as a bidder/ partner/ director/ employee in any capacity) of retired Manager (of Gazetted Rank) or a retired Gazetted Officer of the Central or State Government or its Public Sector Undertakings if such a retired person has not completed the cooling-off period of one year after his retirement. However, this shall not apply if such managers/ officers have obtained a waiver of the cooling-off period from their erstwhile organisation of the near relations of executives of Procuring Entity involved in this Tender Process
• Not have a conflict of interest, which substantially affects fair competition. The prices quoted should be competitive and without adopting any unfair/ unethical/ anticompetitive means. No attempt should be made to induce any other bidder to submit or not to submit an offer for restricting competition
• Must fulfil any other additional eligibility condition, if any, as may be prescribed, in TIS or elsewhere in the Tender Document.
• Must provide such evidence of their continued eligibility to the Procuring Entity if so requested.
• Class-II Local Suppliers and Non-Local Suppliers (as defined in Make-in-India policy) shall be eligible subject to certain conditions as detailed in the ITB-clause 4.1.
• From specified countries having land borders with India (but not in development partnership with India) shall be eligible subject to certain conditions as detailed in the ITB-clause 3.3.
• If TIS/ AITB declares this to be a procurement process for the second stage of two-stage/ PreQualification Bidding (PQB) after shortlisting qualified bidders in the EoI/ PQB stage, then only the bidders shortlisted/ qualified in the first stage shall be eligible to participate.
• Only those contractors/ bidders, who commit themselves to Integrity Pact as per details in Clause 6(5) herein under, would be considered competent to participate in the bidding process.
• In other words, entering into this Pact would be a preliminary qualification. Any bid not accompanied by Integrity Pact duly signed by the bidder shall be considered to be a non-responsive bid and shall be rejected straight away.

Tender documents may be downloaded from CPPP website https://etenders.gov.in/eprocure/app and from RITES website https://www.rites.com/

Source: RITES- Tender | Image Credit: Piyush goyal office- Twitter