GLOBAL TENDER NO: BCL / RD/Wheel/120/30-BOSTHS/2017 May 30, 2017

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1 BRAITHWAITE & CO LIMITED (A Government of India Undertaking under Ministry of Railways) HEAD OFF. & REGD. OFF. : 5, HIDE ROAD, KOLKATA 43, TEL , , , , FAX :91 (033) / E MAIL: braithwaite_co@yahoo.com, Website: braithwaiteindia.com CIN: U74210WB1976GOI GLOBAL TENDER NO: BCL / RD/Wheel/120/30-BOSTHS/2017 May 30, 2017 Sealed offers are invited for supply of 120 Nos. of Wheel & Axle assembly for B.G. (1676 mm) Wagons as per tender conditions. 1. Issue of Tender Documents: Any working day (Except Sunday & holiday) between AM to 2.00 PM from against payment of Rs.1,000/- OR USD 16 (non-refundable) by Demand Draft / Pay Order drawn in favour of Braithwaite & Co. Ltd. and payable at Kolkata towards cost of tender document. However, submission of cost of tender document is exempted for PSU /Govt. Companies in India. Bidders who are interested to participate in the tender may download the tender document from our Website Bidders quoting by down-loading the tender document from Website shall have to submit cost of the tender document along with Techno-commercial offer (Part-I). No offer shall be accepted after closing of tender box at specified date & time. 2. Closing of Tender Box : on at 2.30 P.M. 3. Opening of Part-I Bids : Techno-commercial Bids (i.e. Part-I Bids) shall be opened on at 3.00 P.M. The offer should comprise of parts as under: 1. Part-I : Techno-commercial bid & EMD. 2. Part-II : Price Bid Both Part I & Part II shall be inserted separately in 2 envelopes, sealed and super-scribed with Part No. and above mentioned Tender No. These two bids shall be put in a 3 rd envelope, sealed & super scribed with our Tender No, Date and Due date. Sealed Tender addressed to General Manager (MM & AW), M/s. Braithwaite & Co. Ltd. 5, Hide Road, Kolkata or may be dropped in our Tender Box No - 1 (in case of hand delivery) or may be sent by registered post but must reach us positively within at 2.30 P.M. During opening of Techno-commercial Bid & EMD (Part-I), and Price Bid (Part II), the bidders may depute their authorized representative to be present as witness. However, the price bid shall be opened for techno-commercially acceptable bidders for which, opening date & time will be intimated in due course. For Braithwaite & Company Limited

2 Page 2 A. QUALIFYING CRITERIA: 1. Eligible Bidders Bidder may be an Indian Manufacturer or a Foreign Manufacturer or an authorized Indian representative of Foreign Manufacturer. Foreign manufacturer may also submit their offer through their authorized representative. 2. Financial Eligibility Bidder should have average annual turnover of Rs lakh or USD 0.10 Million during last 3 years. Bidder should enclose copies of Audited Balance Sheets and Profit & Loss Accounts for the last 3 years. 3. Technical Eligibility Experience of having successfully executed similar works (defined below) during last 7 (seven) years ending fulfilling any of the following criteria: Three similar executed works each costing not less than Rs lakh (USD 0.14 million) OR executed three similar works not less than quantity of 48 Nos. against each such job. OR Two similar executed works each costing not less than Rs.108 lakh (USD 0.17 million) OR executed two similar works not less than quantity of 60 Nos. against each such job. OR One similar executed work costing not less than Rs lakh (USD 0.27 million) OR executed one similar work not less than quantity of 96 Nos. against such job. The term Similar works means - Supply of Wheel & Axle assembly for manufacture of railway wagons or coaches. Bidder should enclose copies of Purchase Orders & DM / ICs / Bill of Ladings, in support of fulfilling technical eligibility criteria. Note: In case the bidder is a Wheel & Axle manufacturer /PSU under Govt. of India, the Financial Eligibility & Technical Eligibility stated above shall not be applicable. B. Scope of supply & Quantity: Manufacture & supply of 120 Nos. Wheel & Axle Assembly for B.G (1676 mm) Wagon as per drawing, specification and terms & conditions specified in this tender. C. Drawing & specification of Wheel & Axle Assembly will be as follows: i. The Wheel set confirming to Drawing No. WD S-01 and to IRS Spec. R-19/1993 Part-I (with latest revision / Alt.) ii. Wheel shall be designed for an Axle Load of 22.9 T. iii. Wheel and axle dimension shall meet requirements of IR schedule of dimension applicable for track gauge of 1676 mm. iv. The Axle shall be as per RDSO Drg. No. WD S-02 Alt.5 (or latest) and IRS Spec.R-16/95 with latest amendment. V. Cast / Forged Steel Wheel Set should be comply to IRS Spec. No. R-19/93 Part-III. Note: Roller Bearing shall not include in the scope of supply of the bidder against this tender.

3 Page 3 D. Conditions of supply: 1) It shall be bidders / manufacturer s responsibility to arrange all drawings / specifications etc. from RDSO as required for the job. 2) The Wheel & Axle assembly should be as per relevant specifications & drawings of latest amendment / alterations and shall be suitable for fitment on B.G. (1676 mm) Wagons. 3) The Wheel & Axle assembly supplied will be inspected by RITES at the manufacturer s premises at bidder s cost & arrangement. Inspection certificate issued by RITES shall accompany supply. For supply from Rail Wheel Factory, Ministry of Railway, Bangalore, the inspection may be as per their standard procedure. 4) If Wheel & Axle assembly is rejected / found unsuitable during fitment of the same on wagons at BCL s premises, the supplier will be responsible for replacement of the same free of cost within a reasonable time. In such cases, BCL will not have any liability. E. Method of submission: A. PART-I: Techno-Commercial Bid & EMD: 1. Tenderer should submit all papers / documents related to meeting qualifying criteria as mentioned in this tender. The bidder should also submit acceptance of terms & conditions of this tender. 2 Earnest Money Deposit: (E.M.D.): For Indian Bidder Rs.1 Lakh. For Foreign Bidder US$ Earnest Money Deposit of Rs.1 (one) Lakh OR US$ 1600 as applicable, is required to be submitted by Demand Draft / Pay Order in favour of Braithwaite & Co. Limited, payable at Kolkata, or in the form of Bank Guarantee. In case of Foreign bidders, submitting EMD through Bank Guarantee, the same shall be from reputed international Bank, preferably having branch in Kolkata, India. In case of Bank Guarantee, the validity period should initially be 120 days from the date of opening of Tender. However, submission of improper Bank Guarantee towards EMD may lead to rejection of offer. However, for SSI Units with valid single point registration with NSIC / MSME, payment of EMD can be considered for exemption to the extent of monetary limit granted on submission of valid NSIC / MSME registration certificate for the items tendered. EMD is also exempted for vendors registered with RDSO / DGS.& D for the tendered items. PSU bidders / Govt. Companies in India are also exempted from submission of EMD. Indian representative of foreign manufacturers can also submit EMD in Indian Rupees as per above mode. 4. Earnest Money deposit for the unsuccessful bidder shall be refunded / released to them without any interest after finalization of the tender. For successful bidder, entire amount of EMD / Bank Guarantee shall be retained by the company, till submission of Security Deposit / Performance Guarantee or if so decided by the tenderer adjusted against security deposit for the said tender as the case may be. 5. EMD will be forfeited or revoked if the bidder withdraws, amends, impairs or derogates and / or if the price is escalated later within the period of validity of their offer. 6. No offer will be considered without EMD except for the exemptions specified in the tender document. 7. Tender will be considered as cancelled if the documents required for Part-I & Part-II bids are not placed in respective / proper envelope. 8. Bidder must mention clearly the name, address and telephone number, fax no., no. of their authorized contact person. 9. Validity of the Offer: Offer should remain valid for a period of 90 days from the date of opening of this tender 10. An unconditional acceptance of tender terms & conditions is to be given along with Techno- Commercial Offer (Part-I).

4 Page In case, prices are submitted in Techno-commercial Bid, the offer will be rejected. 12. Bidders shall submit a copy of un-priced price bid i.e. a copy of price bid without any price figure, but mentioning as Price Quoted or Price Not Quoted. Such un-priced bid shall be submitted along with Techno-Commercial Bid. 13. Indian representative of foreign manufacturer must submit valid authorization letter from the above manufacturer to participate in this tender and said authorization shall remain valid till completion of all supply and warranty obligations if order is awarded. F. General Terms & Conditions: 1. All corrections (if any), must be signed at the appropriate place by the signatory of the bidder, otherwise tender will be invalid. However, no correction is allowed in price bid. 2. Security Deposit: (a) (b) (c) For the fulfillment of the contract, the supplier shall submit Security Deposit in the form of Bank Guarantee / Demand Draft / Pay Order for a sum equal to 5% of the contract value within 15 days of opening of LC. The security deposit shall remain valid till Warranty period. In case of submission of security deposit in the form of bank guarantee by foreign manufacturers, the same shall be from a reputed International Bank preferably having branch in Kolkata, India. Security deposit will be returned only on completion of warranty period at BCL s full satisfaction in all respects. Security Deposit may be waived for SSI, NSIC, MSME, RDSO and DGS & D registered bidders and PSUs / Govt. Companies in India. 3. Alteration, inclusion, deviation will not be allowed once the bid is submitted. However Tender Evaluation Committee may demand further clarification, if required. 4. Price: 4.1 Prices are to be quoted as per Price Bid Format enclosed with the tender. Bidders offering goods of Foreign Origin should quote prices in USD only as per Price Bid Format given in the tender. Indigenous bidders shall quote their prices in Indian Rupees only. All columns of Price Bid shall have to be properly filled. 4.2 Quoted prices shall remain Firm till completion of all supplies against the contract. 4.3 Foreign manufacturer or their authorized representative shall quote CIF Kolkata Port price with breakup of the FOB price and Ocean Freight & Insurance charges as indicated in the relevant Price Bid Format. 4.4 Indigenous bidders shall quote landed price to BCL-CW with break-up of Ex-Works price, Central Excise Duty, Sales Tax / VAT, transport & Insurance charges as given in Price Bid format. 5. Terms of Payment: For Indian Bidder: a) 90% payment within 30 days from the date of submission of bill duly supported with proof of inspection and despatch documents. b) Balance 10% payment within 30 days of receipt of supplies at BCL s Clive Works, Kolkata, in good condition

5 Page 5 For Foreign manufacturer: a) 90% payment for FOB value of the goods shall be made through an irrevocable letter of credit payable within 30 days from the date of presentation of documents at our banker. The L.C shall be opened in favour of the foreign manufacturer only. The following documents shall be presented to our banker for negotiation of LC: i) Signed original commercial Invoice showing the description, quantity and FOB price of stores shipped together with the number, weight and volume of such packages shipped. ii) Original Bill Lading iii) Original Inspection Certificate issued by RITES. iv) Certificate of Origin issued by concerned Chamber of Commerce of manufacturer s country. v) Packing List vi) Guarantee Certificate vii) Test Certificate b) Balance 10% payment within 30 days of receipt of goods at BCL s Clive Works, Kolkata, in good condition through an irrevocable LC payable against submission of Receipt Certificate issued by BCL authority. c) In case any other documents for LC negotiation is required the same will be finalized through mutual discussion at the time of opening of L.C. The bank charges for opening of LC shall be borne by BCL. However, for any amendment to the same if desired by supplier, the bank charges shall be to supplier s account which will be deducted from the payment to be released against L.C. 10 (Ten) nos. Non-negotiable copies of documents specified in (a) above are to be submitted in advance. d) In case of CIF contract, the payment against ocean freight & insurance charges shall be paid separately through transfer of fund through banks instead of L.C or as will be mutually settled with the successful bidder. However, in respect of ocean freight & insurance charges, the bidder shall submit separate invoice in this regard with relevant documents which shall be paid within 30 days from the date of arrival of the goods at Kolkata Port. 6. Delivery: Delivery of all 120 nos. Wheel & Axle Assembly is to be completed within 45 DAYS from the date of opening of L.C. 7. Inspection & Testing: All materials against this tender is subject to inspection by RITES at your premises prior to dispatch. Bidder shall also be responsible for approval of QAP & Inspection procedure by RITES. It will be your responsibility to contract Inspection authority well in advance to ensure the supply as per delivery schedule. All costs towards inspection and testing shall be borne by supplier and quoted rate shall include the same. The bidder / manufacturer will carry out necessary testing at your cost as per advice of the inspector. The supply must accompany the Inspection Certificate, (including stage inspection) Test certificate and Guarantee Certificate etc. However, for supplies from Rail Wheel Factory, Ministry of Railways, Bangalore, the inspection of wheelsets shall be as per their standard procedure. 8. Warranty & Guarantee: The Wheel & Axle Assembly shall be new, reliable and in good condition. The supplier shall guarantee the Wheel & Axle Assembly for 24 months from the date of receipt of goods or 30 months from the date of shipment / dispatch whichever is later. The warranty / Guarantee shall be against defective workmanship and materials. Even providing Guarantee, suppliers are responsible for the quality of the materials, workmen ship, smooth operation etc. During the Guarantee period, if any defect is detected, supplier shall arrange replacement of the defective Wheel & Axle assembly within 4 weeks from the date of receipt of intimation at free of cost, freight, duty etc. Guarantee period for the replacement of Wheel & Axle assembly will start again from the date of replacement of Wheel & Axle Assembly.

6 9. Liquidated Damages: Page - 6 In the event of failure to supply the materials within the contractual delivery period, Braithwaite reserves the right to recover a sum of 0.5% for every week or part thereof by way of Liquidated Damages subject to maximum limit of 10% of the Contract value. 10. Risk Purchase: In the event of failure or delayed supplies within the reasonable period, the order may be cancelled also and the purchaser reserves the right to get the job done by other Agency / Agencies as per the order on Risk Purchase basis and shall recover the extra cost thereof, if incurred from the supplier. 11. Arbitration: All questions, disputes or differences whatsoever shall arise between the Purchaser and the supplier upon or in relation to or in connection with the contract, either the party may forthwith give to the other notice in writing of the existence of such question, dispute or differences and the same shall be referred to the adjudication of sole Arbitrator. MD / CMD-BCL shall have the right and authority to appoint any Officer of the company as Arbitrator not below the rank of a General Manager who is not directly connected with the Purchase Order. Such a reference submitted to the arbitrator shall be deemed to be the submission to the arbitration within the meaning of the Arbitration and Conciliation Act, 1996 statutory modification thereof. The proceedings of the arbitration shall be held in Kolkata. 12. Insurance: Arranging insurance for safe transport of the tendered materials shall be the responsibility of the bidder. However, in case of FOB contract only, insurance coverage for ocean transport shall be undertaken by purchaser i.e. BCL. 13. Local conditions: It will be imperative on each bidder to fully acquaint himself of all the local conditions and factors which would have any effect on the performance of the contract and cost of the stores. In his own interest, the foreign bidder should familiarize him-self with the applicable Income Tax Act, the Companies Act, the Customs Act and related Laws in force in India. The Purchaser shall not entertain any request for clarifications from the bidder regarding such local conditions. 14. Ordering Mode & Shipping arrangements (For Foreign manufacturer): The order will be placed on manufacturer only. BCL reserves the right to place order either on FOB basis or on CIF Kolkata Port basis. In the event of an order being placed on CIF basis, the bidder shall arrange shipment in accordance with the requirement of the Ministry of Surface Transport, Govt. of India., New Delhi. Besides, in case of CIF contract, the payment against ocean freight & insurance charges shall be paid separately through transfer of fund through banks instead of L.C. 15. Evaluation of Lowest Bid Lowest bid shall be evaluated on the basis of lowest landed price per Wheel & Axle Assembly received up to BCL s Clive Works, Kolkata. To facilitate evaluation and comparison, the purchaser will convert all bid prices expressed in foreign currencies to Indian Rupees at the applicable exchange rate (TT Selling) issued by State Bank of India / any other nationalized bank, as on the date of the Technocommercial Bid opening. The bids received will be evaluated by the purchaser to ascertain the best and lowest acceptable tender in the interest of the purchaser, as specified in the specifications and tender documents. For offers received from foreign manufacturers or from their authorized representative, their quoted CIF rates, will be loaded with the following to arrive the landed price for lowest bid evaluation: Landed price = CIF value + 1% landing charge on CIF value + 30% import duties + 5% on CIF value towards clearing / forwarding / transport from Kolkata Port to BCL s Clive Works. For indigenous offers received from Indian bidders, the landed price as per Price Bid Format shall be the basis of lowest bid evaluation.

7 16. Consignee: Page - 7 Consignee for delivery of the tendered items shall be as follows: Stores In Charge, Braithwaite & Co. Ltd., Clive Works, 5, Hide Road, Kolkata , West Bengal (India). 17. Splitting of Tender: The tender quantities shall not be split. Order for full quantity shall be awarded on one vendor only. 18. Markings: For easy identification of the materials, each and every package must bear a stamp of the name of manufacturer, Purchase Order No. & Description of the item. BCL shall advise Shipping Mark in the order, if necessary. 19. Packing: For foreign supplies, the Wheel & Axle Assembly shall be suitably seaworthy packed to protect them against any damage and deformation during transportation by ship. The supplier should be responsible for proper packing method and should ensure that these packing methods are adequate for handling at Ports. The supplier should indicate the weight, size and volume of each of the packing / container with details of the materials proposed to be packed giving individual weight of such item. For indigenous supplies, packing of Wheel & Axle Assembly shall be as per Indian Railway regulations. 20. Quantity Variation: The purchaser reserves the right to increase or decrease the ordered quantity during the currency of the contract by not more than 30% on the same price and terms & conditions by giving the notice in writing to that effect and according to the revised delivery schedule of the purchaser. G. Additional Terms & conditions: i. All costs as applicable in supplier s country shall be borne by supplier and the quoted rates shall include the same. ii. In respect of offer received from foreign manufacturer or their authorized representative, BCL reserves the right to place order on FOB basis for manufacture & supply of the tendered items excluding arrangement of Ocean Freight & Insurance from the scope. However, it is mandatory for foreign manufacturer or their authorized representative to quote rates for both FOB value of the goods as well as Ocean Freight & Insurance as per price bid format. Bidder shall give confirmation in their techno-commercial bid that they have quoted rates for both FOB value as well as Ocean Freight & Insurance Charges. iii. In the event BCL decide to place order on CIF, Kolkata Port basis, there shall be two separate orders one on FOB value and the other for Ocean Freight & Insurance charges. iv. For foreign supplies, Marine Insurance Policy covering all risks are to be taken by supplier in the joint name of supplier and BCL; in case arrangement of ocean freight and insurance are in the scope of supplier. v. The foreign manufacturers or their authorized representative shall follow all relevant rules & regulations including statutory conditions as applicable in the manufacturer s country as well as in India and all costs in this regard shall be included in their quoted rate. vi. In the event of rejection of any materials after receipt of supply at BCL s Clive Works, the supplier shall be responsible for free replacement of the same within a reasonable time as fixed by the purchaser. In the event the replacement is not received within the specified time, BCL reserve the right to recover necessary cost of the same including forfeiture of the Security Deposit submitted by the successful bidder.

8 Page - 8 vii. viii. ix. All information in the offer must be in English. Offer in any other language will be rejected. Manufacturer or their authorized representative shall note that an authorized representative can represent only one firm in this tender and any manufacturer cannot submit more than one offer against this tender through different authorized representatives or one directly and offers through other authorized representatives. In such a situation all the offers will be rejected. The authorized representative is an official representative of manufacturer / principal. Accordingly, manufacturer / principal shall be fully responsible for the conduct of their appointed authorized representative. This may please be noted. x. The terms FOB and CIF shall be defined in accordance with INCOTERMS. xi. xii. The offers from Indian representative of a foreign manufacturer must be supported by valid authorization letter from the said manufacturer for participate in this tender failing which the offer will be rejected. The authorization shall remain valid till completion of all supplies in the event of an order. Braithwaite & Co Limited reserves the right to: Postpone the above-mentioned due date. Cancel the tender at any stage. May ask for further clarification / information during techno commercial scrutiny of bids received. BCL shall not be responsible for any delay, loss, damage for bids sent by post. BCL shall not be liable for any expenses incurred by bidder in preparation of bid irrespective of whether it is accepted or not. Canvassing i.e. soliciting favour, seeking advantage etc. in any form is strictly prohibited and any bidder found to have engaged in canvassing shall be liable to have his bid rejected summarily. If the bidder deliberately gives any wrong information in his tender to create a circumstance for the acceptance to his bid, Braithwaite reserves the right to reject such application. H. PRICE BID (PART-II) Price Bid in 2 ND part of the tender should contain only Price. Price part shall be opened if Part-I is qualified. Part-I of the tender will be opened in presence of bidder s authorized representatives who wish to attend tender opening. Part-II of the tender will be opened later after evaluation of Part-I for which, date and time of opening will be intimated to the technically and commercially acceptable bidders. No over writing or correction will be allowed in Price part. 1. Rate(s) should be quoted both in words & figures. In case of difference, price quoted in words shall be considered. 2. Bidder should quote rates as per Price Bid format considering scope of work and all terms & conditions of the tender. Bidders offering goods of Foreign Origin should quote prices as per Price Bid Format given below. Indigenous manufacturer offering goods of Indian Origin should quote price as per Price Bid Format given below. All columns of Price Bid shall have to be properly filled. 3. Price Bid should be free from any condition. 4. Any correction / erasing / over-writing in price bid, will be considered strictly as cancelled. 5. Signing on Price Bid by Bidder s authorized person with Office Stamp is mandatory.

9 Page - 9 PRICE BID FORMAT FOR GOODS OF FOREIGN ORIGIN: Item Description Quantity Unit Rate (in US$) i) FOB Port of shipment Price in US Dollar of Wheel & Axle Assembly as per Specification Terms & 120 Nos. conditions of tender ii) Ocean Freight & Insurance from Port of Shipment to Kolkata Port, India CIF Kolkata Port Total Amount (in US $) PRICE BID FORMAT FOR GOODS OF INDIAN ORIGIN: Item Description Ex-works price in Indian Rupee of Wheel & Axle Assembly as per Specification Terms & conditions of tender Quantity 120 Nos. Unit Rate (in Rs.) Total Amount (in Rs.) Excise duty, if Salex Tax / VAT, if Packing, insurance & transport charges up to BCL s Clive Works at Kolkata Landed price up to BCL s Clive Works, Kolkata For BRAITHWAITE & COMPANY LIMITED