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INSTRUCTIONS TO TENDERERS/BIDDERS (ITT)

(RAILWAY BOARD GLOBAL E-TENDER NO. CS- 170 OF 2016)

Enclosures

1. Special Conditions of Contract Annexure- I

2. RDSO’s Specification of composite sleepers -2014

Annexure-II

3. Proforma for Bidder Firm’s undertaking for setting up of plant in India’ (Ref: Para-10.2.2 of ITT)

Annexure- III

4 Proforma for Bank Guarantee for Earnest Money

(Ref: Para- 7.2 of ITT)

Annexure- IV

5. Proforma for Affidavit/ Undertaking by OEM (Ref: Para- 10.1(i) of ITT)

Annexure-V

6. Proforma for financial credentials /Turn-over of

Bidder Firm

Annexure-VI

7. Bidders’ Address and Communication Details Annexure-VII

8. Provisions to be incorporated in the Agreement

between an Indian Firm (Bidder) and OEM

Annexure- VIII

9. Copy of ‘Ministry of Railways letter no. 2013/TK-

II/22/19/1 (specification) dt. 23.05.2016

Annexure- IX

1.0 Global E-Tender Notice

Tenders/Bids (E-Tender) are invited electronically through IREPS (Indian Railways Electronic Procurement System) website www.ireps.gov.in by the Executive Director Track (M), Ministry of Railways (Railway Board), Rail Bhawan New Delhi for and on behalf of President of India for manufacture and supply of the following Item:-

Tender

Notice

No.

Description of Item Quanti

ty

(Nos.)

Cost of

Tender

document

Earnest

money

Last date

of

submission

of tender

CS-170

of 2016

Manufacturing and

supply of Composite

Sleepers/ Rail Ties by

setting up composite

sleeper plant in India

conforming to

RDSO’s ‘Provisional

Specification for

Composite Sleeper

(2014)’

253512 Indian Rupees

(INR)10000

(US$ 160 for

foreign firms)

Indian

Rupees

(INR) Two

Million

(US$ 32,000

(for foreign

firms)

26/12/2016

upto 14:30

hours

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1.1 Zonal-Railway-wise details of tentative quantities of Composite Sleepers and their respective destinations for delivering the supplies to be made over a delivery period (DP) of 42 months are given below : -

Railway Destination/Depots Quantities*

tendered

for

Railway Destination/Depots Quantities*

tendered

for

CR Bhandup, Bhusawal, Ajni,

Pune, Hotgi, Dadar,

Juhinagar

15473 NWR Sojat Road, Sadulpur,

Phulera, Bhagat Ki

Kothi

7301

ER Asansol, Khana,

Beliaghata, Sahibganj

21751 SR Arakkonam,

Palakkad, Ernakulam

26995

ECR Son Nagar, Hajipur 41286 SCR Tadepalli, Guntkal,

Guntur

13201

ECOR 0 SER Kharagpur 891

NR Dhilwan, Ambala,

Shakurbasti, Clutterbuck

Ganj, Sultanpur, Shahdara

97536 SECR 0

NCR Allahabad, Jhansi 7000 SWR Hubli, Arsikere,

Bayyappanahalli

3000

NER 0 WR Valsad, Derol,

Nagda, Sabarmati,

Rajkot, Dhola

6857

NFR New Jalpaiguri 4731 WCR Kota, Bhopal,

Jabalpur

7490

Grand Total 253512

*Note: The actual quantities may vary slightly depending upon the actual

requirement, which will be taken care through (+/-) 30% variation clause no 18 of

special conditions of contract.

2.0 General Instructions:

Before filling up the tender forms online on IREPS website www.ireps.gov.in,

please read the following carefully:

(a) Instruction to Tenderers/Bidders (ITT)

(b) Special Conditions of Contract

(c) IRS Conditions of Contract

(d) RDSO’s ‘Provisional Specification for Composite Sleeper-2014’

Above are available on the IREPS (Indian Railways Electronic Procurement

System) web site www.ireps.gov.in. The tender and the Contract will be governed

by these conditions. Your digital signature on the e-tender form will mean that you

have read and accepted all the conditions and you undertake to abide by all these

conditions/instructions, unless specifically denied/ mentioned by you in your offer.

2.1 Tendering Firms/Bidders are required to fill up/upload their bids after depositing the requisite cost towards tender documents as specified in para 1.0 above. It is therefore advised that evidence of payment of tender document cost (in case of manual payment) should be kept handy, before attempting submission of e-bid.

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2.2 Tender cost may also be paid through online/manual payment mode

provided on IREPS web site.

2.3 Manual offers shall not be accepted against this e-tender under any

circumstances, even if they are submitted on the Firm’s letterhead/ any

other form acquired or downloaded, or submitted before closing time. All

such manual offers shall be considered as invalid offers and shall be

rejected summarily without any consideration.

2.4 This Tender document consist of:

(i) Invitation & Instructions to Tenderers/Bidders (ITT) (ii) IRS Conditions of Contract (iii) RDSO’s ‘Provisional specification for composite sleeper’ (2014) (iv) Special Conditions of Contract (v) Techno commercial bid details (vi) Financial rate page (Financial Bid) (vii) Check List

(viii) Proforma for Bidder Firm’s undertaking for setting up of plant in India

(ix) Proforma for Bank Guarantee for Earnest Money (x) Proforma for Affidavit/ Undertaking by OEM (xi) Proforma for financial credentials /Turn-over of Bidder Firm (xii) Bidders’ Address and Communication Details (xiii) Provisions to be incorporated in the Agreement between an

Indian Firm (Bidder) and OEM (xiv) Copy of ‘Ministry of Railways letter no. 2013/TK-II/22/19/1

(specification) dt. 23.05.2016

3.0 SUBMISSION OF OFFERS/BIDS AND THEIR EVALUATION:

Offers are to be submitted by the original manufacturers of the tendered item (OEMs) themselves or through their authorized agents holding valid power of attorney/authorization as stipulated in para 5.0. Indian Firms having valid Agreement/ JV with an established OEM are also eligible to quote. Offers from other agents, traders, brokers and middlemen shall be summarily rejected.

3.1 The offer shall consist of “Two Packets or Parts” namely ‘Technical Bid’ and ‘Financial Bid’, as elaborated hereunder:

3.1.1 Technical Bid : It comprises all relevant information and documents

pertaining to Firm and its technical/ financial credential; and interalia

include:

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(i) Details regarding Tender Document Cost as per Para- 1.0 (ii) Requisite Earnest money as per Para-7.0 (iii) Various Documents specified in Para- 12.0 (iv) Check-list

3.1.2 Financial Bids: It shall contain the ‘Financial Bid’ (Financial Rate Page)

3.2 Under no circumstances, any information/suggestion/idea/data pertaining

to Financial offer/commercial terms & conditions shall be mentioned in

the technical bid proposal, failing which the offer shall be summarily

rejected.

3.3 Firstly, the documents/information contained in technical bids shall be

‘opened’ on the prescribed tender opening date. ‘Technical Bids’ will be

evaluated with respect to the ‘Qualifying Requirements’ stipulated in

para-10.0.

Thereafter, the financial bids of only those bidders shall be

opened which have been adjudged as technically responsive/successful

during evaluation. Financial bids will be opened on a later date and time

(which will be notified subsequently) electronically through IREPS portal.

The financial bids of bidders considered technically

unresponsive/unsuccessful shall not be opened.

4.0 Filling of E-Tenders

(i) The successful Bidders shall be required to manufacture and

supply the composite sleepers only from the plant set up in India.

Imported sleepers shall not be allowed. Therefore, they are

required to submit necessary undertaking to this effect as per

Annexure III. Accordingly, they should quote the rate in the

“financial rate page” in INR (Indian Rupees) through the link

“Indigenous offer”. Offer with rates quoted in foreign currency

shall not be considered and will be summarily rejected.

(ii) Bidders must fill-in all the techno-commercial bid details including Proforma for technical & financial credentials, deviation statement, financial rate page, check list etc. and also upload/attach the scanned copy of necessary documents specified in Para 12

(iii) All the fields of the Techno-commercial offer forms and ‘Financial

rate Page’ have to be filled up by the bidder.

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The Bidders are required to quote the basic rate, applicable taxes/

duties (including Sales Tax/ VAT and Excise Duty), freight,

discount etc., only in the designated fields/space earmarked for

the same in the ‘Financial rate Page’, which shall only be taken

cognizance of by IREPS. Any financial elements/rates mention in

‘remarks’ column of ‘Financial rate page’ or anywhere else in the

bid or in any separate letter, shall not be given any cognizance at

all for inter-se-ranking or evaluation and will be summarily

ignored.

(iv) The inter-se position of the bidders shall be automatically generated by the IREPS on the basis of “All Inclusive Rate” FOR- destination, which shall interalia include basic rate, all applicable taxes/ duties (including Sales Tax/ VAT and Excise Duty etc.) and freight etc.

(v) Location of proposed manufacturing plant should be mentioned against ‘Remark’ column of ‘Financial Rate’ page. However, the proposed location of plant can be changed subsequent to award of tender with the permission of purchaser. Purchaser’s decision in this regard shall be final. In case, change in location results in lowering of applicable taxes, the savings will be passed on to the Railway. However, any increase in applicable taxes on account of subsequent change in location will not be borne by Railway. The tenderer should also mention in “remark” column, their preferences for consignee Railways, where they would prefer to make the supplies. However, quoting such preferences will not entitle the tenderer for any claim regarding assignment of any particular Railway for supply. Purchaser’s decision in this regard shall be final and binding.

5.0 The individual(s) signing the tender and other documents with his/her/thier

digital signature(s) should satisfy the following stipulations:

(i) In case of a Proprietorship firm, the signing individual should either be the Sole Proprietor or Attorney of the Sole Proprietor. Power of attorney duly attested should be scanned and uploaded with the offer if the tender document is signed by the attorney on behalf of sole proprietor;

(ii) In the case of a firm not registered under the Indian Partnership

Act, all the partners or the attorney duly authorized by all of them

should sign the tender and all other connected documents. The

original power of attorney or other documents empowering the

individual or individuals to sign should be furnished to the

purchaser for verification, if required.

(iii) In case of a registered Partnership firm, the signing individual(s) should either be partner(s) or their attorney (s) as per Constitution of Partnership Deed. A copy of partnership deed and power of

attorney (whichever applicable) duly attested should be

uploaded with the offer;

(iv) In case of a company, the signing individual(s) should be Director(s), Manager or Secretary of the company duly authorized

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by a resolution passed by the Board of Directors or in pursuance of the authority conferred by the Memorandum and Article of Association. A copy of such resolution duly attested and

certified copy of Memorandum and Article of Association and

certificate of incorporation of the company should be scanned

and uploaded with the offer;

6.0 Offers shall be as per terms and conditions given in the tender documents.

However, deviations, if any, may be brought out in the “deviation form”

provided in the e-tender, by filling therein the clause no. of the tender

document, stipulation as per the clause and deviation asked for, otherwise

the Bidder shall be deemed to have accepted all provisions of the tender

documents. The purchaser, however reserves the right to accept or reject

these deviations and Purchaser’s decision thereon shall be final.

Tenders with any kind of technical deviation will be

summarily rejected. Any offer seeking delivery period longer than

specified in the tender or not agreeing with the delivery schedule specified

in the tender, will be summarily rejected.

6.1 All information submitted for the offer must be in English. Information

in any other language must be accompanied by its authenticated

translation in English. In case of failure to comply with this provision,

the offer will be rejected. In the event of any discrepancy between an

offer in a language other than English and its English translation furnished

by the Firm, the latter will prevail.

6.2 Only one tender can be submitted by each Bidder. No Bidder may

participate in the tender on behalf of another Bidder for the same

contract in any relation whatsoever.

6.3 With respect to Indian firm and Principal OEM, the following instructions

shall be applicable:

(a) In this tender, either the Indian Firm having valid Agreement/JV with OEM or the OEM himself/in JV with Indian Firm, can bid.

(b) If an Indian Firm having valid agreement/JV with an OEM submits bid for this tender, the same Firm shall not submit another bid for the this tender by itself or in Agreement/ JV with another OEM. Failure to comply with this provision will render such offer(s) summarily rejectable.

6.4 Any offer with different PVC formula or quoting different base

month or linkage with different indices or fixed rate etc. as compared

to PVC formula provided in the clause 13 of SCC, will be summarily

rejected.

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7.0 Earnest money: Bidders will be required to:-

7.1 Furnish Earnest Money for an amount of Rs 20,00,000 (INR – Two

Million) for Indian Firms / US$ 32,000 for Foreign Firms, with this tender

which should be valid for minimum 285 days from the date of opening of

Technical Bid.

7.2 Earnest money for the above amount shall be in the form of Bank Guarantee as per Proforma attached (Annexure- IV). The Bank Guarantee shall be in one of the following forms: a) Bank Guarantee from a Nationalized Bank of India or a Scheduled Bank in India. (Scheduled Bank shall mean a bank as defined under Section 2 (e) of the Reserve Bank of India Act, 1934).

b) Bank Guarantee from a foreign bank outside India. Authentication of the same by any Nationalized Bank in India will be required.

7.3 Any tender/bid not accompanied by requisite Earnest money as stipulated in para- 7.1 and 7.2 above, shall be summarily rejected by the purchaser as unresponsive.

7.4 If the validity period of the offer is required to be extended, the Bank

Guarantee for Earnest money duly extended shall also be furnished, failing which the offer after the expiry of the aforesaid period shall not be considered by the Purchaser.

7.5 No interest will be payable by the purchaser on Earnest money. 7.6 Earnest money deposited is liable to be forfeited if the Bidder withdraws

or amends, impairs or derogates or reneges from the tender in any respect within the period of validity of his offer.

7.7 Earnest money of the successful Bidder will be returned within sixty days

after the stipulated ‘Performance Guarantee’ is furnished and formal contract duly signed is received by the purchaser.

7.8 If the successful Bidder fails to furnish the ‘Performance Guarantee’ as

specified in the ‘special conditions of contract’ and fails to return the formal contract duly signed within thirty days of the receipt of the formal contract, then the Earnest Money shall be liable to be forfeited by the Purchaser.

7.9 Earnest money of all unsuccessful Bidders will be returned by the

purchaser within 30 days after issue of acceptance letter to the successful Bidder.

7.10 Scanned copy of the receipt of depositing tender document cost and

scanned copy of Bank Guarantee for Earnest money should be uploaded

alongwith the e-bid. The original receipt of tender cost and original copy

of bank Gaurantee for Earnest money should also be submitted personally

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or sent through Registered Post/ Speed Post to Director Track (M),

Railway Board, Rail Bhawan, New Delhi-110 001 duly indicating the

“Name of Bidder Firm”, “Tender No.” and “Due date of closing” on the

reverse of the original receipt, within thirty days of tender opening.

They should also superscribe “Cost of Tender Document”/”Earnest

Money” for Tender No CS170of2016 and “Closing Date 26/12/2016 ” on

the envelope.

8.0 Technical Information/ clarifications pertaining to Tender

8.1 Any clarification regarding Specification, if any, may be obtained from Director, Track (M), Ministry of Railway, Railway Board, New Delhi.

8.2 The composite sleepers offered shall conform to the RDSO’s “Provisional

specification for Composite Sleeper (2014)”.

9.0 Effect and Validity Period of Offer:

9.1 The submission of any offer against this tender document shall constitute

an agreement that the Bidder shall have no cause of action or claim

against the purchaser for rejection of his offer. The purchaser shall

always be at liberty to reject or accept any offer or offers for part or whole

of the quantity offered at its sole discretion and any such action shall not

be called into question and the Bidder shall have no claim in that regard

against the purchaser.

9.2 The offer shall be deemed to be under consideration immediately after

they are opened and until such time the official intimation of award is

made by the Railway to the Bidder. While the offers are under

consideration, Bidders and or their representatives or other interested

parties are advised to refrain from contacting the purchaser by any means.

If necessary, the purchaser may obtain clarifications on the offers by

requesting for such information from any or all the Bidders, either in

writing or through e-mail, as may be considered necessary. Bidders will

not be permitted to change the substance of their offers after the offers

have been opened.

The validity period of offer should be for a minimum of 240 days

effective from the date of opening of Technical Bid opening (Packet I).

Offers with validity period less than 240 days shall be summarily

rejected.

9.3 In exceptional circumstances, the purchaser may solicit the Bidder’s

consent for extension of the period of validity. The request and the

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responses thereto shall be made in writings (or by cable or by e-mail). A

Bidder may refuse the request without forfeiting Bid security. A Bidder

granting the request, will not be required nor permitted to modify his bid.

10.0 ‘Qualifying Requirements’ for evaluation of ‘Technical Bids’:

Submission of various documents/ information/ certificates by Bidders

required under this tender shall signify that bidder/OEM certifies their

correctness, genuineness and authenticity. Any falsification/forgery/

fudging/misrepresentation in any such document(s), whether uploaded

with the bid or submitted in original subsequently (wherever required) by

Bidder including documents issued by OEM, shall render the offer

summarily rejectable or even if awarded, render the contract liable to be

terminated, besides making the Firm and its Directors/Partners liable for

legal/administrative actions as per the extant laws/rules.

10.1 For the purpose of this provision, an OEM (Original Equipment

Manufacturer) of Composite Sleepers/Rail Ties will be considered as

‘Established/Proven’, if it meets the requirements in paras (i), (ii) &

(iii) below:–

(i) It has already supplied more than 100,000 (one hundred thousand)

Composite Sleepers/Rail Ties from its own plant(s) to one or more

Railways during last 5 (five) years (reckoning from date of bid

opening). At least one such plant owned by the OEM should be

currently in operation. OEM should not be insolvent/ bankrupt.

Scanned copy of an Affidavit/Undertaking from the OEM (as per

proforma at Annexure-V alongwith necessary enclosures) should be

uploaded/submitted by Bidder in support of above requirements.

(ii) The Field performance of at least 25,000 (twenty five thousand)

Composite Sleepers/Rail Ties supplied by the OEM and laid on one or

more major Railway System(s) (out of which minimum 500 sleepers

should have been installed on girder bridges), should have been

‘Satisfactory’ after three years of service or after passage of 100 GMT

(Gross Million Tonnes) of traffic whichever is later. Scanned copy of the

‘Field Performance Certificate’ to above effect, duly issued by the

Authority of concerned Railway System, shall be uploaded by the Firm

along with Bid.

(iii) The original copies of :

(1) OEM’s Affidavit/Undertaking as per (i) above and

(2) ‘Field Performance Certificate’ as per (ii) above,

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should also be submitted by Bidder or sent through Registered Post/

Speed Post to Director Track (M), Railway Board, Rail Bhawan, New

Delhi-110 001 duly indicating the “Name of Bidder Firm”, “Tender No.”

and “Due date of closing” on the reverse of the original document, within

thirty days of tender opening.

10.2 The Bidder Firm must fulfill all the following ‘Qualifying Requirements’

(Para-10.2.1 to Para-10.2.6) to be eligible for placement of orders against

this tender:-

10.2.1 It should be an ‘Established/Proven’ OEM of Composite sleepers/Rail

Ties (as defined in para-10.1 above),

or

It should be an Indian Firm having valid Agreement/Joint Venture with an ‘Established/Proven OEM’ (as defined in para-10.1 above). Such Agreement/ Joint Venture should interalia have provisions/clauses for granting of Manufacturing License/ Patent License and transfer of know how & Technology from OEM to Indian Firm.,

or

It should be an Indian OEM Firm, which has already been empanelled by RDSO (‘Research, Designs & Standards Organisation’ of Indian Railways) in ‘Provisionally Approved” category, in terms of ‘Ministry of Railways letter no. 2013/TK-II/22/19/1 (specification) dt. 23.05.2016 (copy at Annexure- IX).

10.2.2 Firm shall give undertaking as per Annexure-III to supply Composite

Sleepers / Rail ties from the manufacturing plant set up in India. The Bidder not undertaking/committing to manufacture sleepers in India, shall not be eligible.

10.2.3 Firm shall quote for at least fifty percent (50%) of tendered quantity,

otherwise his offer shall be considered unresponsive.

10.2.4 Firm or OEM should not be ‘blacklisted’/ ‘suspended or banned for

business’ by Indian Railways/ Government of India. 10.2.5 Firm should be financially solvent. In case of JV, all partners should be

solvent individually. A copy of certificate of this effect issued by a “Scheduled bank”

shall be enclosed with tender document and the original copy should be submitted or sent through registered post/speed post to Director Track (M), Railway Board, Rail Bhawan, New Delhi along with Firm’s covering letter duly indicating the “Name of Tender” & “Tender No” within 30 days of tender opening. The date of issue of solvency certificate should not be older than 3 month from tender opening date.

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10.2.6 Average Annual Turn over of the Firm for last 3 years should not be less

than INR- 500 Million. In case of JV, the Turn-over of each partner will be reduced to the extent of its share in JV, and added together for the purpose of this provision. (In case of foreign Firm/Bidder, exchange rate @B.C. selling exchange rate established by State Bank of India (SBI), New Delhi will be applied for

converting the amount in foreign currency into Indian Rupee/INR).

11.0 Quantity distribution methodology:

11.1 Placement of orders to the tender for supply of composite Sleepers will be

at the sole discretion of the purchaser. In view of wide geographical

distribution of requirement of sleepers country, capacity constraint of

plant, different requirement of different Zonal Railways, and to reduce

the transportation cost, the tendered/bid quantity will be distributed/split

amongst first two lowest eligible bidders (L1 and L2) in the manner

detailed below subject to upper limit of quoted quantity:

(i) In case, price differential between L1 and L2 is up to 3%, Quantity distribution will be in ratio of 60:40

(ii) In case, price differential between L1 and L2 is more than 3% and up to 5%, Quantity distribution will be in ratio of 65:35

(iii) In case of price differential between L1 and L2 is more than 5%, at least 65% Quantity will be placed on the L1 tenderer.

11.2 L2 will be counter-offered the same rate, terms and conditions as that of

L1. In case, L2 rejects the counter-offer or only one bidder is found to be

eligible, then full quantity may be allotted/offered to L1.

11.3 Purchaser reserves the right to allot lesser quantity than the quantity

quoted by the tenderer at the same rate, terms and conditions which shall

be binding on the tenderer.

12.0 Documents to be attached/ uploaded along with e-Bid:

Scanned copies of the following documents should be uploaded along

with the e-Bid, failing which the offer may be considered only on the

basis of documents submitted.

Submission/ uploading of various documents/ information/

certificates/ undertakings by Bidders under this tender shall signify that

bidder/OEM endorses and certifies their correctness, genuineness and

authenticity. Any falsification/forgery/ fudging/misrepresentation in

any such document(s), whether uploaded with the bid or submitted in

original subsequently (wherever required) by Bidder including

documents/undertakings issued by OEM, shall render the offer

summarily rejectable or even if awarded, render the contract liable to be

terminated, besides making the Firm and its Directors/Partners liable

for legal/administrative actions as per the extant laws/rules.

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(a) Proof of having paid the ‘tender document cost’ and ‘Earnest

Money’ as per requirements mentioned in this document.(Para-

2.1, 2.2 & 7.0 above)

(b) Proof of authorisation from Bidder Firm in favour of signatory of

tender for digitally signing and submitting the tender document on

behalf of Firm, as per para 5.0 above.

(c) Proforma for financial credentials/ Turn-over details of Bidder

Firm as per Annexure VI.

(d) Bidder’s and/or OEM’s address and communication details as per

Annexure VII

(e) ‘Solvency Certificate’ as per para-10.2.5 above

(f) Affidavit/Undertaking & its enclosures issued by OEM as required

in para-10.1(i) above (as per proforma at Annexure-V alongwith

necessary enclosures)

(g) Satisfactory ‘Field Performance Certificate’ of OEM as required in

para-10.1(ii) above

(h) “Performance Statement” available on IREPS should be filled up

for details of Supplies of Composite sleepers/Rail Ties made by

OEM/Firm in the past five years. Self-certified/attested copies of

Letters from Purchaser Railway(s) in support of above or Copies

of Purchase Orders from OEM in support of above Statement

should also be uploaded.

(i) In case an Indian Firm is participating through Agreement/ JV

with OEM, the copy of Agreement/JV with OEM in compliance to

para-10.2.1 above

(j) Undertaking for taking up supply of composite sleepers from

plants setup in India as per Annexure III.

(k) Copy of test report of OEM’s sleeper from accredited laboratory

in support of meeting various parameters/properties vis-à-vis the

parameters/acceptance criteria laid down in ‘specification for

composite sleeper’. However those OEMs who have already been

included in “Provisionally approved category” of RDSO, need not

upload aforesaid test report, as their sleepers have already been

found to be meeting the acceptance criteria of specification.

12.1 In addition to the above, further information regarding Firm’s capacity/capability, if required by the Purchaser, shall be promptly furnished by the Bidder.

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12.2 Bidder not submitting the requisite information may note that its offer may be decided as per the documents submitted.

13.0 Bid Submission:

(a) E-bid along with the relevant documents must be uploaded and digitally signed with the digital signature of the pre-authorized personnel of the Bidder already registered with the IREPS website. Digital signature used must be “Class IIIB with Company Name” obtained from G.O.I. approved Certifying Authority. All mandatory fields marked (*) shall have to be filled by the Bidders before submitting the offer.

(b) Bidders must look out for NIT for as soon as it is available in

IREPS website and upload their offer well in advance without waiting for closing date and time, to avoid last minute hassles in their own computer system or communication line. Purchaser will not be responsible for non-participation of vendors due to any technical problems on the day of tender closing time.

(c) Only bids received in the Electronic tender box available on the Web Site www.ireps.gov.in shall be considered.

(d) The e-procurement system does not permit submission of any offer after the closing date and time of that e-Tender. Hence, there is no scope of any Late/ Delayed offers in the online bidding process.

14.0 Tender Opening

(a) E-Tender boxes will be opened by minimum two authorized Railway officials using their secured digital permissions, passwords and digital private keys obtained from Government of India approved certifying agencies. The icon will indicate that the tenders have been opened.

(b) Vendor shall not be required to be present in the Railway Board office for any e-Tender opening process. They can obtain totally transparent bid tabulation statement by logging on to the IREPS website after tender opening.

(c) All the participating vendors who have submitted valid electronic offers can view their own offer details as well as the tender tabulation statement after tender opening, from any remote location using internet access by visiting the web site www.ireps.gov.in instantly after opening of the virtual tender box, by clicking on the icon.

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(d) The technical bids shall be opened first on the prescribed tender opening date. After the evaluation of the ‘Technical Bids’, the financial bids of only technically responsive/successful bidders shall be opened on a later date and time electronically through IREPS portal (which will be notified subsequently). The financial bids of bidders considered technically unresponsive/unsuccessful will not be opened.

(e) The purchaser does not guarantee opening of the tenders immediately after the closing date and time due to reasons beyond its control and hence tenders can be opened after the due date and time also. It will however, be ensured that no offers are submitted after tender closing date and time. Vendors cannot submit/ modify any offer or attach any file to it after the closing date and time as stipulated in the tender notice. System does not permit any alteration, modification, deletion of any entry or condition, offered by the Bidder in the e-tender, after closure of the virtual tender box.

(f) The Purchaser or any Officer authorized on behalf of the Purchaser does not bind himself to accept the lowest or any other offer and reserves the right to cancel, reduce or divide the contract on more than one source without assigning any reason for such action.

15.0 LOCAL CONDITIONS:

15.1 It will be imperative on each Bidder to fully acquaint himself of all

the local conditions and factors which would have or likely to have

any effect on the performance of the contract and cost of the supply.

15.2 In his own interest, the foreign Bidder should familiarize himself with

the applicable Income Tax Act., the companies Act, the customs act,

VAT/ST Act, GST Act and related laws in force in India. The

Purchaser shall not entertain any request for clarifications from the

Bidder regarding such local conditions. No request for change in

price, or time schedule of

delivery of stores shall be entertained after the bid is submitted to the

Purchaser.

16.0 EVALUATION OF THE OFFERS/ BIDS:

The Bidders are required to quote the rate only in INR (Indian Rupees) as all supplies are required to be made from the manufacturing plant set up in India. Import of finished product (supplies) shall not be permitted . However, if any foreign manufacturer resorts to import of finished product(s) then the contract shall be terminated and LD shall be imposed/levied in terms of contract conditions.

15

The financial bids would be evaluated on the basis of “All Inclusive price per composite sleeper (FOR- destination)” quoted on the lines indicated in para 4.0 of Instructions to Tenderers.

17.0 ACCEPTANCE OF TENDER: 17.1 The purchaser may accept a tender for a part or whole of quantity offered,

reject any tender without assigning any reason and may not accept the lowest or any tender. The decision of purchaser with regard to allotment of quantity will be final.

17.2 Ministry of Railways (Railway Board) 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 quantity offered. The decision of Railways with

regard to allotment of quantity so as to ensure uninterrupted supply of

sleepers will be final. .

17.3 Acceptance of tender will be communicated by FAX, E-mail or formal

acceptance of tender direct to the Bidder or through his authorized agents. In case where acceptance is indicated by FAX, E-mail the formal acceptance of tender will be forwarded to the contractor as soon as possible but FAX, E-mail should be deemed to conclude the contract. Formal letter of acceptance may be forwarded to the contractor at a later date.

17.4 These ‘Special Conditions of the Contract’ will have precedence over the

‘IRS conditions of contract’ and ‘Instructions to Bidders’.

17.5 Successful tenderer will be required to sign separate contract agreements

with each of the Zonal Railway for respective quantity of sleepers allotted

to such Railway.

Executive Director Track (M),

Railway Board.

For and on behalf of the President of India.

1

ANNEXURE -I OF TENDER DOCUMENT

SPECIAL CONDITIONS OF CONTRACT

1. General

This contract will be governed by ‘IRS Conditions of Contract’ as amended up to

date as well as the ‘Special Conditions of Contract’ mentioned hereinafter. In

case of conflict between ‘IRS Conditions of Contract’ and ‘Special Conditions of

Contract’, the provisions of ‘Special Conditions of Contract’ shall prevail.

2. Rates and Taxes

2.1 The quoted rate shall be inclusive of all costs including labour, input

materials, handling/re-handling, processing, Fuel, Power, land, plant, machinery,

technology etc., statutory & other approvals, all types of taxes including State

and Central Taxes viz; VAT/ST/Excise Duties/CENVAT, entry tax, Octroi etc.,

transportation of sleepers from plant to the specified depots of Zonal Railways &

loading/unloading/stacking/ handling involved in the process. Nothing extra shall

be payable over the accepted rate except specifically provided for in the

conditions.

2.2 The tenderer should quote exact percentage of ED/CENVAT and VAT/ST

taken into account while quoting the rate in the specified ‘Fields’ of ‘Financial

Rate Page’.

2.3 The supply of sleepers shall be effected at the accepted rate, subject to price

variation formula in terms of Clause 13 of these conditions.

2.4 The rate quoted by tenderer should take into account the additional set

off credit availed on input materials under the CENVAT Credit rule and VAT/ST

scheme.

2.5 In the event of additional CENVAT credit or VAT/ST benefits being

extended by the Govt. Of India/State Govt. to cover the items ordered against

present tender, the same shall be passed on to the purchaser. The bill for the

payment should interalia accompany following certificate:

“(a) We hereby declare that no additional CENVAT/VAT/ST benefit has

accrued to us beyond what has already taken into account while submitting our

offer and incorporated in the rates shown in the contract.

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(b) We hereby declare that the additional CENVAT/VAT/ST benefit of

Rs.----per unit has accrued to us beyond what was taken into account while

submitting our offer and incorporated in the rates shown in the contract. We are

passing on the same to the purchaser and the bill has been prepared

accordingly.”

2.6 In case, the government taxes eg CENVAT/VAT/ST rate get reduced after

the date of tender opening, the same shall be passed on to the purchaser.

However, if the the government taxes get increased after the date of tender

opening, the same can be claimed by supplier extra along with production of

proof/documents.

2.7 In case of implementation of GST regime (Goods & Service Tax) by

Government of India in future, the procedure for calculation of taxes stipulated

above shall be replaced by the terms of GST Act of Govt. of India. Any savings

effected in taxes on this account vis-à-vis the taxes applicable at the time of

tender opening, shall be passed on to the purchaser. Any extra tax burden on this

account vis-à-vis the taxes applicable at the time of tender opening, will be

borne by the purchaser subject to production of proof/documents. Decision of

purchaser shall be final and binding in this regard.

3. Plants Raw Material, Machinery and other arrangements:

3.1 The Composite sleepers shall be manufactured in India at a location to be

decided by the supplier. The entire responsibility for setting up and

commissioning of manufacturing plant, arranging all necessary raw materials,

labour, machinery, plants, electricity, statutory approvals & all other arrangements

required for the manufacture of offered product/supplies shall rest solely with the

supplier.

3.2 The Supplier within six (06) months of date of acceptance (Issue of LOA) shall

setup and commission the manufacturing plant in India to ensure production of

Sleepers as per laid down specifications, terms & conditions. It will be the

responsibility of Supplier to get the QAP (Quality Assurance Plan) approved by

RDSO before commencement of the production. Extension upto six months may

be given for setting up/commissioning of plant, but this grace period will be

adjusted in the overall delivery period (DP) of 42 months and therefore, the

final DP will remain same.

3.3 Necessary raw materials shall be procured by the contractor as per the

specifications/standards prescribed by RDSO if any.

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3.4 The supplier shall ensure that the necessary tests/checks on raw material, plants,

machinery, equipments, instruments, as well as inspection & testing of sleepers

are done as per the check-lists issued by Purchaser/RDSO from time to time and

record of the same is maintained.

3.5 Compliance to provisions of QAP(Quality Assurance Programme) and

STR(Specific Technical Requirement):

The supplier shall get the QAP approved by RDSO and the production of

composite sleepers shall be permitted only when the composite Sleeper Plant

has complied all the provisions of approved QAP and STR, if any.

4. Inspection, Testing and Passing of Composite Sleepers:

4.1 The inspection/testing of composite sleepers and their subsequent acceptance

shall be in accordance with the ‘Provisional Specifications of composite

sleepers-2014’ as issued by RDSO (Annexture-II) and as amended from time

to time.

4.2 Inspection of finished composite sleepers will be carried out by the RDSO at

supplier’s premises as per the procedure and frequency/scale laid down in the

specification/special conditions. Wherever required or decided by purchaser,

the additional samples may also be got tested in outside lab/IIT or at

RDSO/Lucknow at the cost of supplier.

4.3 Necessary arrangements for facilitating the inspecting staff at the plant

premises will have to be made by the contractor free of cost including

transport facilities to and from the nearby railway station and rest house

accommodation wherever necessary.

4.4 The contractor shall be required to install and operate all necessary testing

machines/equipments & gadgets within plant premises to enable testing and

passing of the composite sleepers, raw material etc., as per tests/checks

stipulated in the Specification. In addition, the contractor shall arrange at

his own cost, any further tests on materials, as may be decided by the

Engineer/Inspecting Officer, to be carried out at recognized Material Testing

Centers/Institutes/RDSO during the progress of manufacture of sleepers, even

though, Test Certificates for such materials are available.

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4.5 Only the passed lots of composite sleepers, for which inspection certificate

(IC) has been duly obtained, shall be allowed to be dispatched to respective

destination(s). Any damage to the composite sleepers in the process of

loading into wagons/vehicles or while transporting them to purchaser’s

depots/destination from the contractor’s premises, shall be to contractor’s

account.

4.6 Temporary suspension of production:

During course of execution, the production of the composite sleepers may be

temporarily suspended by RDSO in serious cases of non-adherence to

Specifications/QAP or large scale rejection of sleeper (>2%) during testing or

premature failure of more than 2% of sleepers laid in track. In such cases,

Railway may interalia direct the supplier to identify the defects in the raw

materials/manufacturing process and rectify the same within a reasonable

period. Production will be permitted to be resumed only after the supplier

identifies and removes the defects and same is verified by the RDSO. While

allowing resumption of production, RDSO may also order for higher scale of

testing till quality of production is stabilized i.e. rejection rate of less than

2% is achieved in each batch produced during production of next 10000

sleepers.

4.7 Composite Sleepers used during the process of testing/passing, and found as

per specifications and drawings, shall be paid for by the Purchaser. Such

sleepers shall remain the property of the Purchaser and will be utilised in the

manner prescribed by the Purchaser from time to time.

4.8 The rejected composite sleepers shall be cut into two or more pieces by the

contractor so as to make them unusable for track. A certificate that all

rejected sleepers of previous batches have been permanently damaged as

above, will be given by manufacturer before offering the next batch of fresh

sleepers for inspection. The rejected sleepers of previous batch, damaged as

above, will also be verified by the inspecting officials before issuing IC for

next batch.

5. Modification to Design:

5.1 In case the purchaser, at any stage, during the currency of the contract, decide

to make minor modifications to the design/specification of composite

sleeper, the supplier shall modify the moulds, manufacturing process, etc. to

5

suit such minor modifications. The cost of such modifications will be

negotiated and mutually settled and will be paid by the purchaser.

5.2 Generally, the size of sleeper will be 2700x250x200 mm. However, the same

may vary, and therefore the exact sizes and numbers should be confirmed

from consignee(s) before undertaking production.

5.3 In case dimensions/size of the sleepers is required to be modified to suit a

particular bridge/track, the same shall be done by the supplier and payment

for such modified sleepers shall be made on pro-rata basis i.e in proportion to

the increased/reduced volume. Apart from pro-rata payment, nothing extra

shall be payable account of modification in sleeper dimension(s).

6. Security Deposit (SD):

The issue of LOA (letter of acceptance) or acceptance of Counter-offer, shall

form a binding contract on the supplier.

6.1 Successful tenderer will be required to sign separate contract agreements with

each of the Railway, assigned to them for supply of sleepers. The contractor

shall make a security deposit(SD) with the FA&CAO of each contracting

Railway separately within Thirty (30) days of communication of acceptance

of offer (issue of LOA) by the purchaser, for an amount equal to 10% of the

contract value subject to a maximum of Rs. 50 Lac (INR – 5 million) in the

form of the following:

(i) Government securities at 5 per cent below the market value;

(ii) Deposit Receipts, Pay orders, Demand Drafts of the State Banks of India

or any of the Nationalized Banks.

(iii) Irrevocable Guarantee Bonds of the State Bank of India or any of the

Nationalized Banks.

(iv) Deposit Receipts, Pay orders, Demand Drafts and irrevocable Guarantee

Bonds issued by all Nationalized/Scheduled Commercial Banks. Bank

Guarantee should be valid upto a minimum period of 6 months beyond

the final date of delivery. The proforma for Bank Guarantee will be

supplied by the FA&CAO of Paying Railway.

(v) A deposit in the Post Office Saving Bank.

6.2 In case the successful tenderer/ supplier fails to make the security deposit

within the above stipulated time limit, extension of time for submission of SD

beyond 30 days and upto 60 days from the date of communication of

acceptance of offer by the purchaser may be given by Zonal Railway

(contract signing authority) for which, a penal interest of 15% per annum

shall be charged for the delay beyond 30 days. In case the successful tenderer

fail to submit requisite SD even after 60 days from the date of

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communication of acceptance of offer by the purchaser, contract shall be

terminated and penalty equivalent to requisite SD of the contract shall be

imposed and the same shall be recovered from the tenderer from its pending

dues from anywhere on IR/PSUs/Other Govt. Organizations.

6.3 Security deposit should remain valid for a minimum period of six months

beyond the expiry of Delivery Period (DP)/extended DP.

6.4 In case of any shortfall against ordered quantity on expiry of DP/extended DP

save as provided in clause-10 or clause-17, full amount of Security Deposit

will be forfeited besides imposition of liquidated damages as per provisions

of the contract.

In terms of IRS clause no. 2403, Security Deposit against this contract may

also be withheld/retained against the dues of other contracts.

The security deposit, if not adjusted fully or partly towards any breach of

contract or default on the part of supplier, will be released by the Zonal

Railway after two months of the date of expiry of the delivery period after

verification for due fulfillment of the supplies ordered.

7. Dispatch

7.1. The consignee instructions will be given by the Director, Track(M),

Ministry of Railways (Railway Board) or his nominee.

7.2. The responsibility for damages or losses en route from supplier’s

plant/premises to the consignee will totally be to the account of the contractor

for the consignment booked.

7.3 Initially, girders upto 18.3m span will be taken up for laying of composite

sleepers. Simultaneously, 500 sleepers per Railway will also be installed on

one or two Bridges (including open web girders), having girders of span

more than 18.3m, and the same will be kept under observation for one year,

and after their successful field performance and validation (to be certified by

RDSO), other such girder bridges will also be taken up for installation of

composite sleepers.

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8. Delivery Period (DP), Delivery Schedule and extension to DP

8.1. The production shall commence within six (06) month from the date of

acceptance of offer (Issue of LOA). Thereafter, the ordered quantity shall be

supplied during the next 36 months as per the following schedule. Thus, total

DP will be Forty Two (42) Months from date of issue of LOA. If

commencement of production gets delayed beyond six months, then

extension up to six months can be given for the same, but the overall DP will

remain 42 months.

8.1.1 Initially, only 1000 sleepers shall be manufactured by the firm, which shall

be inspected & tested by RDSO in lots of 250 as per Specification.

‘Dynamic Fatigue Test’ shall be done mandatorily on aforesaid batch of first

1000 sleepers.

If full consignment of 1000 sleepers gets passed, then at least 200

representative sleepers selected randomly from the passed lots will

immediately be transported and laid on two or more selected girder bridges

on high GMT (>30) routes over two Railways by the supplier Firm with

necessary assistance of Railway staff & under Railway supervision, for

assessing/ monitoring their field performance during next one year. Balance

800 sleepers will be delivered to the consignee depot(s) and installed by

Railway on Girder Bridges as soon as possible. 90% payment shall be

released for this first lot of 1000 sleepers after successful laying/installation

of first 200 sleepers and receipt of balance 800 sleepers by consignee(s).

8.1.2 During first six months after commissioning of plant, limited production of

5000 sleepers (including above 1000 sleepers), shall be allowed. Initially,

only 90% payment will be released for passed sleepers on their receipt by

consignee(s). Balance 10% payment will be released after receipt of 06

month’s ‘satisfactory field performance report’ (ie at least 98% sleepers in

‘Good’ condition) from RDSO & user Railway(s) of the first 200 sleepers

laid on girder bridges as per clause 8.1.1.

However, if the 06 month’s ‘field performance report’ of the

aforesaid first 200 sleepers is found ‘not satisfactory’ (ie failure/defective

rate of more than 2% sleepers), then the production will be temporarily

suspended, and the field performance of all other sleepers laid during first six

months shall also be assessed. Production will be resumed after receipt of

‘satisfactory field performance report’(ie at least 98% sleepers in ‘Good’

8

condition) of sleepers laid during first six months . All sleepers found

defective during this assessment, shall have to be replaced by supplier before

claiming 10% balance payment. In case of higher failure rate, complete

audit of production process/ raw materials shall be undertaken by RDSO in

association with supplier’s experts to identify and remove the cause(s) of

failure. Higher scale of testing may also be prescribed before permitting

further production.

8.1.3 After receipt of 06 month’s ‘satisfactory performance report’ of first 200

sleepers laid on girder bridges (or more as per clause 8.1.2) , the firm shall be

further allowed to manufacture 15000 more sleepers in next 06 months.

Initially, only 90% payment will be released for passed sleepers on their

receipt by consignee(s). Balance 10% payment will be released only after

receipt of 12 month’s ‘satisfactory performance report’ from RDSO & user

Railway(s) of the first 200 (or more) sleepers laid on girder bridges as per

clause 8.1.2.

8.1.1.3 During laying/installation of initial 3000 sleepers, technical and supervisory

guidance will be provided by supplier at his own cost to the concerned

Railway staff.

8.1.4 Further production beyond aforesaid 20000 sleepers will be permitted after

receipt of 12 month’s ‘satisfactory performance report’ from RDSO & user

Railway(s) of the first 200 (or more) sleepers laid on girder bridges as per

clause 8.1.2.

8.2 The balance quantity (beyond 20000 sleepers) shall be supplied during the

next 24 months maintaining uniform schedule, which will be monitored over

six monthly periods. The Purchaser however, will have the right to slow

down the supplies (deferred delivery), and accordingly shall have the right

to unilaterally extend the delivery period by upto 12 months on the same

rates, terms and conditions at its sole discretion.

8.3 Notwithstanding the aforesaid uniform delivery schedule, the supplies may

be regulated by the purchaser as per its actual requirement. The six monthly

supply schedule can be altered by slowing down the rate of production by the

purchaser by giving 3 months notice to supplier. In case the supplies are

slowed down by Railways, the delivery period may be extended

accordingly. Enhancement of the supplies in the agreed six monthly supply

schedule will however be done with the mutual consent.

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8.4 Extension of DP for reasons attributable to Railways or force majeure, shall

be considered on merit. Any extension to DP shall require approval from

Railway Board.

9. Liquidated damages:

9.1 If the contractor fails to deliver the store within the delivery period/extended

delivery period as stipulated, or repudiates the contract any time before the

expiry of such period due to any circumstances save as provided in Clause 10

or Clause-17, the purchaser reserves the right to cancel the contract for the

balance quantity in whole or in part and recover from supplier the liquidated

damages in accordance with Clause-12. If, however, the stores are accepted

after the expiry of the period fixed for delivery, the purchaser may grant an

extension of the delivery period at its sole discretion, subject to the following

conditions:

(a) That the purchaser has the right to recover from the contractor the

liquidated damages in terms of clause 0702 of IRS Conditions of

Contract, for the supplies 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 grounds no such increase which takes place after the

delivery date stipulated in the contract shall be admissible on such of the

said 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 above mentioned date namely the

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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.

10. Supply Tolerance Clause

If unsupplied quantities at the expiry of DP/extended DP are within 5% of the

contracted quantity, then the same may be treated as cancelled or DP

extension for supplying the same may be permitted without financial

repercussion on either side.

11. Liquidated Damages(LD) for slower supplies during six monthly

“Monitoring Periods”:

The progress of supply will be evaluated after every six months (monitoring

period) vis-à-vis the delivery schedule laid down in Clause-8. In case of

failure on the part of the supplier to arrange supplies as per the delivery

schedule fixed in advance, save force majeure conditions and/or cases of

delays attributable to the railways, the purchaser reserves the right to cancel

the quantity in deficit at the end of six monthly monitoring periods and

recover from the defaulting contractor a sum equivalent to two (02) percent

of the cost of sleepers in deficit. The recovery of two (02) percent as detailed

above will however be effected only when purchaser cancels the quantities in

deficit at the end of monitoring period through a written order to this effect.

In case, purchaser do not cancel the quantities in deficit within fifteen (15)

days from the end of monitoring period, the supplier will be entitled to

recoup the shortfall in subsequent monitoring period(s) and in such cases, no

LD shall be leviable under this clause.

12. Liquidated Damages (LD) for Failure to Complete the Supplies within

Delivery Period/(DP)/extended DP and LD in cases of Termination of

Contract

If the contractor fails to complete the supplies within the DP/ extended DP

and delayed supplies are not accepted, the Liquidated damages (LD) shall be

levied @ 5% of the cost of unsupplied stores. If however, delayed supplies

are accepted beyond DP, the same will attract LD in terms of clause-0702 (a)

of IRS conditions.

In case, the contract is terminated before expiry of the DP under

Clause-25 of these conditions, the liquidated damages equivalent to 5% of the

cost of sleepers undelivered would be recovered from the contractor.

11

13. Price Variation Clause:

13.1 The accepted rate will vary in accordance with the price variation formula as

detailed below in clause 13.2 to cater to the variations in the prices of labour,

materials and other inputs during execution of contract.

13.2 Price Variation Formula

P = (P0/100) x ( 10+60R1/Ro+10E1/E0+15L1/Lo+5D1/D0)

Where

P0 Accepted basic price Net of taxes

P Updated basic price (Net of taxes ) of sleeper for production

month

R1 WPI for PLASTIC PRODUCTS during Production Month as

per Economic Advisor, Ministry of Industry web site

http://eaindustry.nic.in./ (1+ Excise Duty Rate on PLASTIC

PRODUCTS) during Production Month)

Ro WPI of PLASTIC PRODUCTS during one month before

Tender Opening Month as per Economic Advisor, Ministry of

Industry web site http://eaindustry.nic.in. / (1 + E.D. Rate on

PLASTIC PRODUCTS) during one month before the Tender

Opening Month)

L1 All India Consumer Price Index for Industrial Labour during

Production Month, as per Labour Bureau, Ministry of

Labour web site http://labourbureau.nic.in.

Lo All India Consumer Price Index for Industrial Labour during

one month before Tender Opening Month, as per Labour

Bureau, Ministry of Labour web site

http://labourbureau.nic.in

E1 WPI for Electricity (industry) during Production Month as per

Economic Advisor, Ministry of Industry web site

http://eaindustry.nic.in

Eo WPI for Electricity (industry) during one month before tender

opening month, as per Economic Advisor, Ministry of Industry

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web site http://eaindustry.nic.in

D1 WPI for HSD during production month as per Economic Advisor,

Ministry of Industry web site http://eaindustry.nic.in

D0 WPI for HSD during one month before tender opening month as

per Economic Advisor, Ministry of Industry web site

http://eaindustry.nic.in.

13.3 In order to avoid blockage of funds till final escalation is worked out and paid

on the basis of indices for the month of production, the accepted price will be

updated every six months as per the above formula for escalation. First

updating shall be done on the basis of indices for the month of acceptance of

tender as soon as confirmed indices for the month of acceptance are available.

Payment for the supplies made shall be done at the latest updated price.

14. Payments:

14.1 The time to time interim payment towards supply of finished goods shall be

made at the updated rate. The final payment would be made as per

Escalated/De-escalated rate worked out on the basis of Price Variation Clause

(Clause 13). All payments will be made by the Zonal Railway on submission

of bills in accordance with the procedure detailed in clause 8.

14.2 All payments shall be subject to the deduction of any amount for which the

Contractor is liable under this contract or any other contract in respect of

which the President of India is the Purchaser and any other deductions as are

legally leviable as per Indian laws.

14.3 Deductions:

Payments as above shall be subject to deductions of any amount for which

the contractor is liable under the contract against this tender or any other

contract made by the contractor in respect of which the President of India is

the purchaser.

15.0 Study visits by Railway Staff:

15.1 Indigenous manufacturing of composite sleepers being a new area for IR, five

(05) Railway personnel shall undertake the study visit for a period of five

days under this contract at the cost of each supplier to the OEM’s already

13

operational plant to familiarize themselves and study the manufacturing

process, quality control and testing methodologies etc. The study visit will

also cover and locations of composite sleepers laid in that country for

observing their field operation/performance. Supplier shall bear all expenses

and provide for all necessary facilities for such visit including cost of

boarding, lodging, local transport and air fare to & fro India .

15.2 Adequate arrangements for one week study visit of 32 personnel of the Indian

Railways in regard to acquaintance with manufacturing process and

inspection/testing of finished sleepers shall be arranged by supplier on the

indigenous manufacturing plant in India at no extra cost, which shall also

include the full arrangements for local travel, boarding & lodging. The cost

of travel of trainees however will be borne by the purchaser.

16. Progress Report

The Contractor shall submit monthly progress report on production, supply,

inspection, rejection and on stocks of principal raw materials to the

Board/Paying Railway as per proforma prescribed by 1st of the following

month and also furnish any other particulars relating to the contract when

called for.

17. Force Majeure

In the event of any unforeseen event directly interfering with the supply of

stores arising during the currency of the contract, such as war, insurrection,

restraint imposed by the Government, act of legislature or other authority,

explosion, accident, riots, strike, lockout, acts of public enemy, acts of God,

the contractor shall within a week from the commencement thereof notify the

same in writing to the purchaser with reasonable evidence thereof.

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 14 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 accrued under any other clause of this

agreement prior to such termination.

18. Option for the variation of quantity of order

Without prejudice to purchaser’s right as laid down in clause 10 and 11

above, the purchaser at its sole discretion, reserves the right to vary the

14

contract quantity by + 30% without assigning any reason, at price, terms and

conditions of the initial orders during the currency of the contract. This

clause shall be operated with the administrative approval of the Board office.

19. Guarantee Clause

19.1 The guarantee contained herein shall be applicable in respect of each sleeper

supplied, till the expiry of five years from date of its placement in service or

seven years from date of its manufacturing, whichever is earlier. Any

approval of acceptance by the purchaser of the composite sleepers or of the

materials at the time of inspection/passing and payment made for the same,

shall not in any way limit the contractor’s liability under this clause.

19.2 The supplier guarantees that the composite Sleepers which it supplies shall

be manufactured fully in accordance with stipulated specification, with such

modifications as are notified by Railways. The contractor further guarantees

that the composite sleepers shall be free from defects in material and

workmanship.

19.3 During guarantee period stipulated above, contractor shall be liable to

arrange the replacement of the defective sleepers free of any charge to the

extent that such defects are attributable to or arise from faulty workmanship

or material in the manufacture of the sleepers or due to damage during

transportation to nominated destination . All replacements shall be made

free of cost at destination within three (03) months of notice to this effect

from purchaser. If the supplier so desires, the replaced sleepers can be taken

over by him for disposal as he deems fit, within a period of three months

from the date of replacement of defective sleepers by the purchaser.

Thereafter, no claim in this respect shall lie on the purchaser.

19.3 The guarantee herein contained shall however not apply to any

material/product which has/have been repaired or altered by the Purchaser to

affect its strength, performance or reliability adversely, or to any defect

attributable to misuse, negligence or accident during service. In case of

dispute in this regard, joint inspection of such defective material/product

will be undertaken by a 3 member team comprising representatives of

RDSO, user Railway & Supplier to ascertain the contractor’s liability. The

majority decision of the above team regarding the contractor’s liability shall

be final/conclusive and not challengeable anywhere.

19.4 All replacements that the purchaser shall call upon the contractor to deliver

under this guarantee shall be delivered by the contractor within 90 days from

the date of intimation of such rejection of defective composite sleepers. If

15

the contractor fails to replace the defective sleepers within the said period, the

current cost of said composite sleepers at the rate stipulated in the contract

plus the actual cost of the replacement and a penalty of Rs.2000 per sleeper

thereon, shall be recovered either from the payments due to the contractor or

by encashing performance guarantee.

20.0 Performance Guarantee (PG): Successful tenderer will be required to sign

separate contract agreements with each of the Railway, assigned to them for

supply of sleepers. A performance guarantee (PG) valuing Five percent of the

contract value in form of Bank Guarantee (initially valid for 8 years) issued

by a scheduled Bank, pledged in favour of FA&CAO of contracting Railway

(purchaser), shall be submitted by the supplier with the contracting Railway.

In case a defect/failure in sleepers attributable to supplier is reported by a

Zonal Railway during the guarantee period, and same is not made good by

the supplier in compliance to clause-19 above, then the contracting railway

will have right to encash the aforesaid bank guarantee to make good the

losses suffered by Railway.

21.0 Book Examination

The book examination as per IRS condition shall apply in toto. The purchaser

reserves the right to carry out the book examination at its discretion at any

stage during the currency of the contract. In case book examination clause is

invoked, required facilities to the team conducting book examination will be

provided by the contractor in his premises.

22.0 Laws Governing The Contract

22.1 This Contract shall be governed by the Laws of India being in force.

22.2 Irrespective of the place of delivery, the place of performance or the place of

payment under the purchase order, the purchase order shall be deemed to

have been made at the place where the agreement has been signed.

23.0 Jurisdiction of Courts

The Courts of the place where the contract agreement has been signed shall

have the jurisdiction to decide any disputes arising out of or in respect of the

order.

24.0 Indian Railways Standard Conditions of Contract as amended up-to-date,

Special Conditions of Contract, Indemnity Bond Proforma, Special

Indemnity Bond proforma, Indian Railways Specifications for composite

Sleepers as amended from time to time, Schedule of Technical

16

Requirement/QAP as applicable from time to time, Drawings for loading

arrangements, respectively will form part of the tender document to the

extent they are not superseded by the above provisions.

25.0 Determination of Contract Owing To Default of supplier: If the supplier:

(i) Fails to commence the production even after lapse of 18 months from the

date of issue of letter of acceptance (LOA), or

(ii) Repeatedly fails to maintain the stipulated quality standards adequately,

thereby resulting in large scale rejection of sleepers (>2%) during testing in

plant repeatedly or pre-mature failure of sleepers in service more than 2% at

multiple locations , or

(iii) Contravene any provision(s) of the contract and fail to rectify/make good the

same despite notice,

Then, the contract signing authority on behalf of the Railway/purchaser may

serve the supplier with a notice in writing highlighting the default/incidences

of breach of contract, and if the Contractor does not within 15 days after the

delivery to him of such notice proceed to make good his default in so far as

the same is capable of being made good and fails to carry on the work or

comply with such directions as aforesaid to the entire satisfaction of the

Railway,

Then, the Railway with the administrative approval of Board, shall be entitled

to rescind/cancel the contract as a whole or in part (as may be specified) after

expiry of notice period. A final termination/cancellation notice will be issued

to this effect detailing therein the Liquidated Damages levied.

* * *

Page 1 of 15

PROVISIONAL SPECIFICATION FOR COMPOSITE SLEEPER (2014) 1.0 SCOPE

This specification is intended to provide guidelines for design, manufacture and use of engineered composite sleepers and their components primarily for but not limited to girder bridges on Indian Railway track system. The specification contains minimum performance requirement for engineered composite sleepers.

The specification covers physical dimensions, physical properties and structural strength of engineered composite sleepers. The specification does not cover material and techniques or equipments for manufacture of engineered composite sleepers.

Engineered composite sleepers are a relatively new technology compared to the more conventional sawn wood, concrete or steel sleepers. These specifications have been prepared based on the laboratory testing done so far on sleepers obtained by Indian Railways (IR)/ Research Designs & Standards Organisation (RDSO) for trial purposes; relevant provisions contained in the specifications or recommended practices of other technical bodies, such as American Society for Testing and Material (ASTM), American Railway Engineering and Maintenance-of-Way Association (AREMA), Chicago Transit Authority (CTA), Union Pacific Railroad (UPRR), etc. and limited experience obtained from trial of one particular type of sleeper on Indian Railways.

Therefore, this specification would primarily serve the purpose to procure more of such sleepers for conducting field trials on Indian Railways (IR). This specification, therefore, may be needed to be revised based on further data generated by future laboratory/field testing; experience from more trials from additional sources; further interaction with industry; etc.

The Composite sleepers may be supplied by an Indian firm having a collaboration/partnership with foreign manufacturer. In such cases, supplier, wherever used in this specification, means Indian firm/partner/representative subject to having a valid MOU (Memorandum of Understanding) or Agreement with the manufacturer.

2.0 TECHNICAL REQUIREMENTS

2.1 MATERIAL REQUIREMENTS

2.1.1 A composite material is a material formed using two or more discretely identified materials (e.g. a polymer binder with reinforcement in polymer composites) to obtain specific properties that are superior to the individual material.

2.1.2 Engineered polymer composite sleeper incorporates a polymer matrix typically post-consumer recycled high-density polyethylene (HDPE) as a primary component, with reinforcing fibres and / or fillers to contribute enhanced properties. Toxic preservatives shall not be used to manufacture the sleeper. The sleeper shall resist decay and insect attack. Water absorption shall not cause

Page 2 of 15

loss of strength requiring the sleeper to be replaced. The sleeper shall be non-hazardous and non-leaching.

2.1.3 In general, composite sleeper is a material system that incorporates reinforcement (e.g. glass fibres) and / or other property modifiers in a polymer matrix. Based on reinforcement and property modifiers, the Polymer composite sleepers may be classified as any one of the following :

a) Fibre reinforced polymer composite- polymer reinforced with fibrous glass or other fibres, including polymeric fibres. Fillers and other modifiers may also be added to enhance particular physical or mechanical properties.

b) Particle reinforced polymer composite- polymer modified with dispersed small particles to enhance particulars physical and / or mechanical properties.

c) Hybrid composite – a composite that incorporates two different reinforcement fibres or other structural components (e.g. a concrete steel and polymer combination).

2.1.4 The composite sleeper is to be developed as per the manufacturer’s specification

to suit the requirements of the Indian Railway system. Therefore, the manufacturer has to specify the type of raw material proposed to be used in manufacturing the product. The source of supply of raw materials, their specifications, testing procedure, quality assurance plan etc., shall have to be specified by the manufacturer along with supporting documents.

2.2 GENERAL REQUIREMENTS

Engineered composite sleepers shall meet the following general requirements:

2.2.1 Sleeper shall permit the use of standard rail, MS bearing plates and holding down fasteners, such as rail screws without requiring special procedures for installation other than ordinary pre-drilling of the sleeper.

2.2.2 Sleeper shall give satisfactory performance under maximum axle load of 25t and shall be able to provide rail seat loading (compression) without failure. Sleeper shall be stiff enough to support the weight but flexible enough to absorb the vibration of passing trains. In effect, its performance in this respect shall be equal to or better than hard wood sleepers, prevalent on Indian Railway system.

2.2.3 Sleeper shall not be prone to failure due to weather-related high heat or freezing temperatures, in all four temperature zones of Indian Railway system.

2.2.4 Sleeper shall not warp or sag to the level of permanent deformation that would require replacement of the sleeper.

2.2.5 Sleeper shall not require end caps. Sleeper shall not split or crack in any way requiring the sleeper to be replaced.

2.2.6 Material surface degradation due to solar ultraviolet (UV) radiation exposure shall not exceed 0.076 mm per year.

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2.2.7 It would be preferable if the sleeper is grey or black in color but shall not be red in color. It shall not have any cracks on external surface or splitting marks. Sleepers shall be solid and shall be free from voids in general.

2.2.8 Sleeper shall be fire resistant in prevailing Indian condition and shall be suitable for use in track circuited area. These sleepers shall exhibit aforesaid properties equivalent to or more than those of a wooden sleeper.

2.2.9 The manufacturer shall specify ‘specific gravity range’ of sleepers supplied/used for structural testing. Every sleeper, supplied afterwards, shall conform to the same ‘specific gravity range’.

2.2.10 The sleeper shall be durable, so as to retain necessary strength and other structural properties during service in track.

2.2.11 The sleeper shall be resistant to rot, bacteria and insects such as termites, borers etc which may reduce strength and/or integrity of sleeper.

2.3. DIMENSIONAL REQUIREMENTS

2.3.1 Before manufacturing sleepers, supplier shall ascertain what sizes shall be accepted. However, the minimum width and depth of sleeper to be used on Steel Girder Bridges should not be less than 230mm and 180mm respectively.

2.3.2 Sleepers, required to be laid on Steel Girder Bridges, shall have all four sides smooth (non-skid). The ends should have neat & smooth vertical surface free of any crack, voids etc.

2.3.3 Sleeper surface flatness in the area of the bearing plate shall be within 3.2 mm

(1/8”).

2.3.4 Sleeper dimensions as specified shall be full size. Sleepers shall have a thickness tolerance +12.7mm (1/2”), -2mm, width tolerance +12.0mm, -7mm, length tolerance +50.8mm (2”), -12.7mm (1/2”).

2.3.5 Sleepers will be considered straight when a straight line along each sleeper face from the middle of one end to the middle of the other ends is no closer to the edge of the sleeper than one half the sleeper face dimensions, plus 6.4mm (1/4”) or minus 6.4mm (1/4”).

2.4 PERFORMANCE REQUIREMENTS

2.4.1 Engineered composite sleeper shall meet physical and mechanical performances requirements listed in table given below:

Table- I Physical and Mechanical Properties

Mechanical Properties/Test Method Typical Value

Modulus of Elasticity (Flexural) 1170 MPa (min.)

Rail seat compression 6.2 MPa (min.)

Modulus of Rupture 13.8 MPa (min.)

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Screw Spike Withdrawal (Spikes to drawing 22.2 KN (min.) No. SF-1 of IRS Track Manual)

Coefficient of Thermal Expansion 1.35 X 10-4 /oC (max.)

Aging (Laboratory) 75% of physical properties

retained in 15 years Resistivity 500+Mega-ohms at 500 V

2.4.2 All the parameters given in table-I shall be tested by ASTM or any other

approved method agreed by RDSO, in a NABL(National Accreditation Board for Testing & Calibration Laboratories) approved laboratory and test certificate shall be produced at the time of inspection.

2.5 STRUCTURAL REQUIREMENTS

Structural testing of the product on randomly selected samples of a product lot has to be conducted to ascertain the structural integrity of the product. The following structural tests shall be performed on the engineered composite sleepers.

2.5.1 STATIC LOAD TEST This test is carried out to assess the adequacy of design.

2.5.1.1 PRESCRIBED TEST SCHEME

Load - 50t on each rail seat +5% Rate of loading - 5t/min. +5%. The test scheme along with format for recording of observations is given at

Appendix-A. 2.5.1.2 ACCEPTANCE CRITERIA

No visible cracks should be developed on the outer surface of the sleeper on holding the 50t load for 5 minutes. There should not be any bulging in the sleeper on application of load. Load should not get released on holding the incremental load up to 50 t for taking dial gauge reading for deflection. Deflection at any rail seat of sleeper under load should not exceed 20 mm.

2.5.2 DYNAMIC FATIGUE TEST

This test is carried out to assess the rail seat abrasion, structural integrity for the product and to ensure absence of any void and other inherent manufacturing defects inside the composite sleeper.

2.5.2.1 PRESCRIBED TEST SCHEME

Load - 4 to 20t on each rail seat +5% Horizontal - 40% of the vertical load +5% No. of cycles - 2 million

Frequency - 5 Hz +5%

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The test scheme along with format for recording of observations is given at Appendix-B. Sleepers once subjected to static test shall not be used for this test. Sleepers that have passed this test successfully shall not form a part of the supply and are not considered fit for being used in the field.

2.5.2.2 ACCEPTENCE CRITERIA

The sleeper shall not develop any cracks on the surface of the sleeper up to 2 million cycles which is of shear, flexural or torsional rupture (due to local buckling) in nature. Hairline localized cracks may be permissible provided there is no reduction in the load carrying capacity of the sleepers.

2.5.3 IMPACT LOAD TEST

Impact test is required to assess shock absorption capacity of sleeper i.e. to assess its performance against derailment forces.

2.5.3.1 TEST SCHEME

The test scheme envisages dropping of the wheel on sleeper placed at 300 ± 10

slope to horizontal plane at following two locations:

i) 294mm away from centre line of rail towards centre of sleeper ii) 200mm away from the end of sleeper, within sleeper

Wheel drop details are

i) Weight of wheel - 500Kg ± 5Kg ii) Height of drop – 75cm to 80 cm iii) No. of drops - 2 at the same location The test scheme along with format for recording of observations is given at Appendix-C. Sleeper successfully passing static load test may be used for impact load test.

2.5.3.2 ACCEPTANCE CRITERIA Only recess should be formed but no crack should appear on the surface of the

sleeper. 2.6 VOIDS TEST

2.6.1 If the composite sleeper does not have voids, this test is not required. Manufacturer/Supplier will submit clear colored images of cross section of sleeper in conformity of this. The sleepers subjected to Impact test shall be cut at the two locations to verify the same.

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2.6.2 No void greater than 12.5mm (1/2”) diameter and 150 mm (6”) long will be allowed anywhere in the sleeper. Voids shall be uniformly distributed and shall not be interconnected in a way such as to form any plane of weakness.

2.6.3 Every composite sleeper shall conform to para 2.6.2 and shall be x-rayed. The manufacturer/supplier shall install an X-ray machine capable of detecting the voids. The records of these tests are required to be maintained at the manufacturer/supplier’s premises and supplied to railways at the time of inspection of sleepers. The methodology for void testing by X-ray machine shall be approved by Railway / RDSO.

2.7 INFLAMMABILITY TEST

The sleeper shall be self-extinguishing in nature. Combustion shall not take place after 20 seconds of impinging flame. Further, flame shall be self extinguishing within 120 seconds of impinging flame. One sleeper from every lot or 250 sleepers, whichever is less, shall undergo Flammability test.

2.8 SCREWING/UNSCREWING TEST

One sleeper from every lot or 250 sleepers, whichever is less shall be screwed and unscrewed in the rail seat area and rail screw allowed cooling after every operation. No slipping phenomena shall be observed up to 8 times of operation. Further, same hole shall be plugged with plug and again screwing and unscrewing operation shall be done on plugged area. No slipping phenomena shall be observed upto 5 times of operation. For this purpose plugs of same material will be supplied by the supplier.

2.9 ELECTRICAL PROPERTIES

The polymer matrices used in the manufacture of composite sleepers are, by their nature, excellent electrical insulators (i.e. poor conductors). However, if metallic components are incorporated into the tie design, care must be taken such that they do not result in loss of electrical resistance after rails are fastened on the fastening system. One sleeper from every lot or 250 sleepers, whichever is less, shall undergo Electrical resistance test.

3.0 PRODUCT INSPECTION AND TESTING

3.1 GENERAL

3.1.1 The supplier shall supply at his expense, all the sleepers required for tests and retests, sample of materials, labour, machine, tools, gauges, apparatus, forms of test reports etc. and any other item which may be necessary or required by the inspecting officer for carrying out any or all of the checks and tests mentioned in these specifications and shall render all reasonable assistance in conducting such checks and tests. All measuring and testing appliances shall be got checked and calibrated through approved agency or as directed by the inspecting officer. The calibration certificate shall be furnished to the inspecting officer. The cost of all such checks and calibrations shall be borne by the supplier.

3.1.2 Inspecting officer and the purchaser shall have free access at all reasonable times to the works in which the sleepers are manufactured. They shall be at

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liberty to inspect the manufacture/testing of sleepers at any stage and to reject sleepers which do not conform to specification.

3.2 TYPE TEST /INITIAL TEST FOR PRODUCT APPROVAL FOR TRIAL

The supplier shall submit 10 nos. prototype sleepers of size 2700 mm x 230 mm x 180 mm at Bridges & Structure Directorate’s laboratory of RDSO.

3.2.1 All (100%) sleepers should fulfill dimensional requirement stipulated in clause 2.3.

3.2.2 The supplier should submit test certificate from NABL approved laboratory(ies) for fulfillment of physical and mechanical performances stipulated in clause 2.4. They shall submit clear colored images of cross-section of sleeper to show whether composite sleepers are having voids. The same shall be verified by cutting the sleepers subjected to Impact test at two locations. They shall submit the methodology for void testing so that stipulation at clause 2.6.2 may be ensured. The supplier shall further submit certificate that sleepers conform to the provisions regarding inflammability and screwing/un-screwing given at clause 2.7 & 2.8.

3.2.3 Regarding fulfillment of structural requirements, the following tests shall be conducted at laboratory at RDSO :

3.2.3.1Static Load Test :

3 nos sleepers shall be subjected to Static Load Test as stipulated in clause 2.5.1. All sleepers should fulfill the acceptance criteria for initial product approval.

3.2.3.2Impact Load Test :

3 nos sleepers shall be subjected to Impact Load Test as stipulated in clause 2.5.3. All sleepers should fulfill the acceptance criteria for initial product approval.

3.2.3.3Dynamic Fatigue Test :

3 nos sleepers shall be subjected to Dynamic Fatigue Test as stipulated in clause 2.5.2 only after sleepers tested for Static Load and Impact Load Tests pass the respective acceptance criteria. All sleepers should fulfill the acceptance criteria.

3.2.4 The above three tests: Static Load Test, Impact Load Test & Dynamic Fatigue Test shall constitute one round of testing. ln case of failure of samples in the first round of test, the firm may be given one more chance, if the firm so desires. For this, the firm shall submit another set of improved samples within three months from the date of advice of failure. The test results of parameters found non-conforming to acceptance criteria would be intimated to the firm. lf the firm desires to offer the improved samples for second round of testing, the firm shall inform in writing, the technical corrective steps taken. Having satisfied with the steps taken by the firm, the sample may be taken for retesting along with testing

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charges for retesting. If the samples submitted for retesting fail, the case will be closed.

3.2.5 The prototype sleepers shall be approved by RDSO after technical scrutiny of test certificates and carrying out laboratory tests described in preceding clauses.

3.2.6 Type Test/Initial Test specified in clause 3.2.1 to 3.2.5 shall not be required for the design/make of composite sleepers which has already been approved for limited /extended field trial.

3.3 INSPECTION AND TESTS FOR FIELD TRIAL AFTER TYPE TEST/INITIAL APPROVAL

3.3.1 All sleepers shall be dimensionally within tolerance given in clause 2.3. 100% of composite sleeper to be supplied shall be checked visually and dimensionally, and recorded in Appendix-D.

3.3.2 All the parameters given in table-I of clause 2.4 shall be tested by ASTM or any other approved method agreed by RDSO in NABL approved laboratory for every production lot or 250 sleepers, whichever is less and test certificate shall be produced by the supplier at the time of inspection.

3.3.3 STATIC LOAD TEST Minimum one sleeper for every 250 sleepers supplied or part thereof shall be subjected to Static Load test as per clause 2.5.1. The test sleepers shall be randomly selected from the lot. This test shall be conducted in the supplier’s premises in presence of RDSO/Railway’s representative. In case of failure of any sleeper in this test, the production lot shall be subjected to further test on randomly selected two sleepers from the rest of the sleepers. In case of failure of any of the two randomly selected sleepers, the whole lot will be rejected. Sleeper successfully passing this test may be used for impact test.

3.3.4 IMPACT LOAD TEST

Minimum one sleeper for every 250 sleepers supplied or part thereof shall be tested as per clause 2.5.3. Sleepers successfully passed in the static test, may also be used for impact test. This test shall be conducted in the supplier’s premises in presence of RDSO/Railway’s representative. In case of failure of any sleeper in this test, the production lot shall be further subjected to another test on randomly selected two sleepers from rest of the sleepers. If any one of the two sleepers fails in this test, whole lot will be rejected.

3.3.5 VOIDS TEST

If the composite sleeper does not have voids, this test is not required. In case of composite sleepers having voids, every composite sleeper shall conform to para 2.6.2 and shall be X-rayed. The void testing shall be carried out as per clause 2.6.3.

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3.3.6 INFLAMMABILITY TEST

One sleeper from every lot or 250 sleepers, whichever is less, shall undergo inflammability test as per clause 2.7 in the supplier’s premises. In case of failure of any sleeper in this test, the production lot shall be subjected to further test on randomly selected two sleepers from the rest of the sleepers. In case of failure of any of the two randomly selected sleepers, the whole lot will be rejected.

3.3.7 SCREWING/UNSCREWING TEST

One sleeper from every lot or 250 sleepers, whichever is less shall be subjected to this test as per clause 2.8 in the supplier’s premises. In case of failure of any sleeper in this test, the production lot shall be subjected to further test on randomly selected two sleepers from the rest of the sleepers. In case of failure of any of the two randomly selected sleepers, the whole lot will be rejected.

4 MARKING

4.1 Every sleeper shall be permanently marked by way of punching/stenciling with manufacturer’s name, batch no., month and year of manufacturing.

4.2 Any sleeper not meeting the above specifications will be rejected and marked red at the end of the sleeper. Such sleepers shall be cut in at least two parts to avoid intermingling of rejected sleepers with passed ones.

5 LOADING AND DISPATCH

Only those sleepers which have been passed, marked and accepted by the inspecting officer shall be loaded for dispatch.

6 GUARANTEE

The sleepers shall be guaranteed by the supplier for sound manufacture and service for a period of 5 years from the date of its supply duly taking into account the field conditions prevailing on Indian Railways under which the sleeper will be used. If during the guarantee period any sleeper develops defects attributable to bad material, workmanship and/or dimensions requiring withdrawal from service, the cost of sleepers and their replacement shall be borne by the supplier. Any sleeper, required to be removed from track on account of defects of whatever nature would be treated as failed. The defective sleepers withdrawn from service may have to be subjected to further testing so as to establish the cause of failure and to make sure that other sleepers from the lot will not develop similar defects. Cost of such tests will have to be borne by the supplier. Decision of IR/RDSO about reasons of failure shall be treated as final and will be binding on the manufacturer / supplier.

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APPENDIX A (Para 2.5.1.1)

TEST SCHEME FOR STATIC LOAD TEST

The test shall be carried out on both ends of sleepers. Test sleeper shall be placed on test floor

under the reaction frame. A mild steel plate of 260x220 mm size shall be placed on rail seat

position of the sleeper. Another M S plate of larger size shall be kept over the plate projecting

out of the sleeper’s width. On this plate, two dial gauges shall be fixed on both side of the

sleeper to measure deflection under the applied load.

A remote controlled hydraulic jack of 100 t capacity shall be used for application of static load on

sleeper. To ensure the accuracy of applied load, a pre-calibrated compression proving ring shall

be placed between the hydraulic jack and the sleeper, the gap between the sleeper and proving

ring shall be filled up by cast iron blocks and steel packing plates. The centre of hydraulic jack,

proving ring and test sleeper shall be aligned with the help of plumb bob, to ensure precise

application of test load.

The maximum test load shall be applied up to 50 t in the increment of loading @5 t/min starting

from 5 t. The maximum applied load 50 t shall be sustained for five minutes. Development of

cracks and deflection of sleepers shall be observed and noted after each increment of load.

FORMAT FOR STATIC LOAD TEST RECORD

Firm’s Name

S.O./P.O. no. & date

Batch no. & size

Date of Inspection

Identification No.

Load (T) Deflection (mm) Remarks

Rail Seat 1 Rail Seat 2

0

5

10

15

20

25

30

35

40

45

50 (after 5 minutes)

Permanent deformation after load removal

Sample Test Results

Signature of the Inspector

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APPENDIX B (Para 2.5.2.1)

TEST SCHEME FOR DYNAMIC LOAD TEST

The drawing of dynamic loading arrangement is given below:

The direction of transfer of loading on rail head is arranged in such a way that 40% of

applied vertical load may be converted into horizontal load on the rail. For this purpose,

a loading frame is designed to suit the required loading parameters as per the test

scheme. The applied dynamic vertical load range shall be 4.0 T to 20.0 T (39.2KN to

196.2KN) and frequency of loading shall be 5 Hz. Both rail seats of the sleepers shall be

tested under dynamic conditions for the specified loadings and frequency

simultaneously.

A panel of three sleepers is made for testing of one sleeper. This panel is supported on

a loading stool designed and sleepers are fixed with the help of hook bolts. Canted

bearing plate is fixed on the rail seat surface in between the rail bottom and sleeper top.

Vertical load of specified range (4.0 T to 20.0 T) are applied through actuators at both

rail seats of the central sleeper simultaneously at the frequency of 5 Hz. Average

deflections below both rail seats are recorded under 20.0 T static load with the help of

dial gauge after completion of every 2.5 lakh cycles of loading. Permanent set at both

rail seats are also measured/calculated after completion of 2.0 million cycle of loading

for the central sleeper in each case.

The details of loading parameters and observations made during testing of sleepers

shall be recorded.

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Format for Dynamic Load Test Record

Firm’s Name

S.O./P.O. no. & date

Batch no. & size

Date of Inspection

Identification No.

Load (T) Frequency No. of Cycles

Deflection (mm)

Remarks

Max. Min

2,50,000

5,00,000

7,50,000

10,00,000

12,50,000

15,00,000

17,50,000

20,00,000

Sample Test Results

Signature of the Inspector

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APPENDIX C (Para 2.5.3.1)

TEST SCHEME FOR IMPACT LOAD TEST

Sleeper shall be placed on two nos. bearing plates at an inclination of 30 degree, under a loco

wheel of approximate weight 500 kg, hanged on the test frame (Pl. refer the sketch). The wheel

shall be tied with one end of a wire rope and the other end of the wire rope is attached with the

lifting and pulling machine. The lifting and pulling machine is used to keep the wheel at desired

height and for sudden drop on the sleeper. The position of the wheel and location of strike on

sleeper shall be aligned before drop. The wheel shall be positioned at the height of 75 cm from

the edge of sleeper and dropped freely releasing the lever of pulling machine on both ends of

the sleeper at two locations i.e. 200 mm away from the sleeper end within sleeper and 294 mm

away from the center line of the rail towards center of sleeper. The wheel shall be dropped twice

at each of four locations on the sleeper.

FORMAT FOR IMPACT LOAD TEST RECORD

Firm’s Name

S.O./P.O. no. & date

Batch no. & size

Date of Inspection

Identification No.

Location of Impact

Size of groove and damaged portion in mm Remarks

After 1st drop of wheel

After 2nd drop of wheel

a b c d a b c d

Sample Test Results

Signature of the Inspector

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SKETCH FOR TEST SCHEME FOR IMPACT LOAD TEST

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APPENDIX D (Para 3.3.1)

Format for Dimension Record

Firm’s Name

S.O./P.O. no. & date

Batch no. & size

Date of Inspection

Sleeper No.

General Dimensions Rail Seat (Surface Flatness)

Remarks

L W D 1 2 1 2 3 4

Signature of the Inspector

ANNEXURE – III OF TENDER DOCUMENT

(Please see para 10.2.2 of ‘Instructions to Tenderers’)

PROFORMA FOR UNDRTAKING FOR SETTING UP A PLANT IN

INDIA FOR MANUFACTURING OF COMPOSITE SLEEPERS

No. _________ Date ______________

To, THE PRESIDENT OF INDIA

Acting through the Executive Director, Track (M)

Ministry of Railway, (Railway Board)

NEW DELHI-110 001

Dear Sir,

Subject: Ministry of Railway’s Tender No. : CS 170 of 2016

We, ...(Name of firm)...., are submitting our Bid against above tender and understand

that as per the conditions of contract, the item (composite sleepers) offered to be

supplied under this tender must be manufactured in India indigenously and the same can not be imported. Accordingly, we do hereby undertake to set up a manufacturing plant

in India for indigenous production and supply of composite sleepers, in case we are

awarded the supply order/contract against this tender. We also understand that failure to do so will be a breach of contract conditions, for which the contract will be liable to be

terminated with all consequential actions.

Yours faithfully,

(Name & signature of authorised signatory of Bidder Firm) for & on behalf of

M/s _____________(Name of tendering Firm)

(Note: This undertaking should be on the letter-head of the Firm and should be

signed by a person competent and authorized by the Firm to do so.)

(Scanned copy of this undertaking should be uploaded with the e-tender and original

copy should be submitted with 30 days as per Para -12.0 of ITT)

ANNEXURE – IV OF TENDER DOCUMENT

(Please see para-7.2 of ‘Instructions To Tenderers’(ITT)

PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY

(To be submitted on Bank’s letter-head with adhesive stamp)

.

Ref.: ___________________________ Date:____________________

Bank Guarantee No.:_________

To

THE PRESIDENT OF INDIA

acting through the Executive Director, Track (M)

Ministry of Railway, Railway Board

NEW DELHI-110 001

Dear Sir,

In accordance with your invitation to Tender No.________ for manufacture and

supply of composite sleepers by setting up a plant in India, M/s

_______________________ hereinafter called the tenderer with their Directors

on their Board of Directors/Partners of firm:-

1. 2.

3. 4.

5.

Earnest Money in the form of ‘Bank Guarantee’ valid for ‘two hundred and

eighty five (285) days’ from the date of tender opening ie……………., is

required to be submitted by the tenderer as a condition for the participation. This

bank hereby guarantees and undertakes during the above said period of (285 )

two hundred and eighty five days to immediately pay, on demand by the

Executive Director, Track (M), Ministry of Railway, Railway Board, New Delhi-

110 001, INDIA, in writing the amount of _____________ in words & figures to

the said, Executive Director, Track (M), Ministry of Railway, Railway Board,

New Delhi-110 001, INDIA, and without any reservation and recourse, if:

i) the bidder after submitting his tender, modifies the rates or any of the

terms and conditions thereof, except with the previous written consent

of the purchaser: or

ii) the bidder withdraws the said bid within 240 days after opening of

Technical Bid Packet I: or

iii) the bidder having executed the contract fails to give the bonds so

aforesaid within the period provided in the contract; or

iv) The bidder having not withdrawn the bid, fails to execute the

contractual documents within the period provided in the contract.

This guarantee will be irrevocable and remain valid upto 4.30 P.M. on

_____________, if further extension to this guarantee is required, the same

shall be extended to such required periods on receiving instructions from M/s

_____________________ on whose behalf this guarantee is issued.

Date : _______________

Signature :

__________________

Place : _________________ Printed Name

________________

Witness :_________________

___________________ (Bank’s Common Seal)

Note: It shall be ensured that the complete particulars of the Banks’ (issuing bank guarantee) mailing address including telephone number, fax number & E-mail ID are

invariably indicated on the Bank Guarantee.

ANNEXURE – V OF TENDER DOCUMENT

(Please see para 10.1 (i) of ‘Instructions to Tenderers’)

PROFORMA FOR AFFIDAVIT/ UNDRTAKING BY OEM (Original Manufacturer)

REGARDING PAST SUPPLY ORDERS, SOLVENCY AND OPERATIONAL PLANTS

No. _________ Date ______________

To

THE PRESIDENT OF INDIA

Acting through the Executive Director, Track (M)

Ministry of Railway, (Railway Board)

NEW DELHI-110 001

Dear Sir,

Subject: Ministry of Railway’s Tender No. : CS 170 of 2016

I, ....... (name of OEM’s authorised signatory) s/o ……….., Address-…………, do solemnly

declare and affirm/undertake as under:

(1) I am the Managing Director/ Director of the Firm/Company operating in the

name and style of ………. (name of Firm/Company) having its Headquarters at

…………..( complete address of headquarters)

(2) I am competent to sign this affidavit/undertaking on behalf of the

company/Firm mentioned above.

(3) We are the original manufacturer of Composite Rail Sleepers/ Rail Ties and

have entered into an agreement with Firm M/s…………. to enable them to

manufacture composite sleepers/Rail ties in India ( or, we are participating in

above tender ourself) and understand that as per the contract conditions, the

item (composite sleepers Rail Ties) to be supplied under this tender must be

manufactured in India.

(4) We are financially solvent and have not filed for/been declared ‘Bankrupt’.

(5) We own the following plants manufacturing the Composite Sleepers, which are

currently operational:

S.No. Name & Location of Plant Address

(6) In last five years we have supplied following quantities of Composite Sleepers

to various clients.

SNo. Name & Address of

Purchaser

No. of Composite sleepers

supplied

Period

(from … to ……)

Quantity

The copies of letters/certificates from purchasers (or copies of purchase

orders ) duly attested by us are enclosed herewith.

(7) The ‘Field Performance Certificate’ of our composite sleepers laid in track, as

issued by ………..Railway(s) is/are enclosed herewith .

Yours faithfully,

(Name & designation of authorised signatory)

for & on behalf of

M/s _____(Name of OEM Firm)

Note:

(i) This Affidavit/undertaking should be signed by a person competent and authorized by

the Firm to do so.

(ii)Scanned copy of this Affidavit/ Undertaking should be uploaded with the e-tender and

original copy should be submitted with 30 days as per Para 10.1 of ITT.

ANNEXURE- VI OF TENDER DOCUMENT

DETAILS FOR FINANCIAL CREDENTIALS

1. Name & address of Firm:

2. Turnover during the past Three years:

Financial year Turnover Copies of Audited

Balance Sheet enclosed

(Yes/ No)

2013-14

2014-15

2015-16*

*In case audited Turn Over for 2015-16 are not readily available

unaudited Turn Over details may be furnished.

3. Solvency certificate issued by a scheduled bank: Copy to be enclosed

Signature and Seal of the Tenderer

Name:

Address:

Annexure- VII OF TENDER DOCUMENT

Tenderer’s Address and Communication Details

1. Name of the Firm/Company:

________________________________________________

2. Registered Address: _____________________________________

___________________________________________________________

3. Address of OEM (original equipment manufacturer)

(i) Office Address:

-------------------------

(ii) Plant Address:

-------------------------

4. Complete Postal Address for Communication:

__________________________________

Fax No.________________________Telephone No.________________

E-mail Id------------------------------

5. Name of Contact Person/Incharge of work in India:_________________

Postal Address:_____________________________________________

____________________________________________________

Phone Nos.____________________________________________

E-mail address:___________________________

FAX No._____________________________________________

(Signature of the Tenderer)

Name:

Address:

Annexure- VIII OF TENDER DOCUMENT

IMPORTANT PROVISIONS TO BE INCORPORATED IN THE

AGREEMENT/JV BETWEEN BIDDER AND OEM

(A) In case of Agreement between Indian Firm & OEM

(1) Undertaking/commitment from OEM for Transfer of Technology &

know how, Licencing of relevant Patents and manufacturing permission

to Bidder Firm and all statutory permissions necessary for setting up

plant and commencing production of composite sleepers in India in

accordance with specification.

(2) Commitment from OEM for all technical/supervisory/logistic assistance

to Bidder Firm for setting up plant and commencing production

(3) Joint responsibility for quality assurance

(B) In case of JV between Indian Firm & OEM

(1) Stake/ownership of each partner in JV

(2) Role & responsibility of each partner for setting up plant and

commencing production of composite sleepers in India in accordance with

specification.

(3) Role & responsibility of each partner during contract execution

(4) Joint & severe responsibility of all partners towards contractual

liabilities, meaning that all partners of JV will be fully responsible for

contract execution, joinly as well as individually.