GOVERNMENT OF INDIA (BHARAT SARKAR) MINISTRY OF RAILWAYS (RAIL MANTRALAYA) (RAILWAY BOARD) No, RS(POL/S8/0501/5/2018/00553, New Delhi dt (9 .03.2019 (Mis. NIS Marketing Pvt. Ltd, C45, Shivaji Park, Punjabi Bagh(West), NEW DELHI ~ 110 026 [ Sub: Ronning Contract Tor supply of Gear Case Oil, Mobil SHC 634 for the peviod | of one year from date of issue of RGC o¢ 31.05.2020, whichever is later | against advertised e-tender No, 2019 460RR TC opened on 20112-2018, Ref |, VourE Bid No, 170865 Daied 20-1228, 2 Railway Board's sdvance acceptance No, RS (POL)$8/0501/5/2018 dated 07.03.2019, 3._ Your leer No. NIL dated 09.03.2019, Tam directed to enclose 2 (wo) copies of the above-mentioned contract. You are requested fo sign and retun one copy ofthe contract in terms of Clause24 there-of, duly witnessed by two persons, as required. 2. Incase of any difference in version of English and Hindi the version in English Shall preva Sita Director RaiwaySiore(C) Railway Board For & on behalf ofthe President of India No.RS(POL}/S8/0501/5/2018/00553, [Now Delhi, dd. (9 03.2019 Copy forwarded to: 1. Director General, RDSO, Ministry of Railway , Manak Nagar, Lucknow. 2 FSAIII) Branch, Railway Board, New DelhiIndentors: PCMM/Central Railway, Mumbai PCMMIER, Kolkata PCMMIECR, Halipue PCMMIECoR, Bhubaneshwar PCMM Norte Railway, New Deli PCMM/North Central Ravay, Allahabad, PCMMINER, Gorakhpur PCMMINortheast Frontier Railway, Guwahati PCMMINWR, Jaipur CMM! Southem Railway, Chennai PCMMISouth Central Railway Secunderabad PCMM(South Eastem Railway, Kolkata, PCMMISECR, Bilaspur PCMM/South Wester Railway, Hubli PCMIM/ Western Railway, Churchgate, Mumbai PCMM/ West Central Ralivay,labslpur. PCMM/DLMW, Patiala POMMLW Vrs sis xd Mappa Director Railay Stores(C) Railway Board NoRS(POL/S8/0501/52018 New Delhi, di. 03.2019 Copy forwarded to 4. Paying Authority: PFA/Central Railway, Mumbai PFA/ER, Kolkata PFA ECR, Hajipur FA /ECoR, Bhubaneshuar PFA Northern Railway, New Delhi PFA North Central Railway, Allahabad. PFA (NER, Gorakhpur FA /Northcast Frontier Railway, Guwabat. PFA NWR, Jaiput PPA / Southern Railway, Chena FA /South Central Reilway Secunderabad, FA /South Eastem Railway, Kolkata. PFA /SECR, BilaspurPFA /South Western Railway, Hubli PEA / Wester Railway, Churchgate, Mumbai PFA / West Central Rlivay.labalptr. PEA /DLMW, Patiala PFA (DLW, Varanasi. 5. DALGRys), Railway Audit-ll, Room No.222, Rail Bhavan, New Delhi 6 Diao of Auta Norn Rally, Now De Behete [emi Dag For Finca Comsionraways heeyGOVERNMENT OF INDIA (BHARAT SARKAR) MINISTRY OF RAILWAYS (RAIL MANTRALAVA) No.RS(POL)/58/0501/5/2018/00853 Mls, NIS Marketing Pvt. Lt, (RAILWAY BOARD) New Delhi dtd. 9.032019 5, Shivaji Park, Panjabi BayhWes), ‘NEW DELHI 110 026, ‘Sub | Running Contract for supply of Gear Case Ol, Mobil SHC 634 Tor the period] of one year from date of issue of RGC. or 31.05.2020, whichever is later ‘against advertised e-ender No, 2019 460RR TC opened on 20.12.2018. T. Your Bid No, 9170865 Dated 20.12.2018. Ref |2. Railway Board’s advance acceptance No. RS (POL) $8/0S01/S2018 dated 0703.2 3, Your leter No, NIL dated 09.03.2019, 1am to inform you that your above referred offer aginst e-ender No2019 460RR TC ‘opened on 20.12.2018, has been accepted to the extent of items, quantites, specifications, ries and on the terms and conditions detailed hereunder: 1, Running Contract No. & date 2. Purchaser 3. (@) Name & Address ofthe Contractor () Faxo. 4, Purchaser's references 5. Contractor’ offer No. other references 6, Conditions Governing RS(POL}/S8/0501/5/2018/00553 cated f9.03.2019. ‘The President of India (M/S. NIS Marketing Pvt. Ltd.C-5, Shiva Park, Punjabi Bagh(West), New Delhi 10 026, 01148120139 4) Railway Board's E Tender No, 2019 460RR TC Opened on 20.12.2018. ii) Railway Board's Advance acceptance No. RS(POL}/S8/0501/5/2018 dated 07.03.2019. 1. Your E Bid No. 9110865 Dated 20.12.2018 2. Your unqualified acceptance Leter No. NIL did 09.03.2019 ‘TE & IRS Conditions of contract as amended to date including Arbitration Clause 2900, revised. vide Board's letter No. STIRS(GY77972 dated 16.022017.tead with conditions of contact including Annexure: I toV. Neary he7. Particulars of order and prices: GEAR CASE OIL, SERVO SYNGEAR 460 RR Mobil SHC 634 SN. | Description of Sores Brand Qy [Baio] Allinchaive otiwes) [Rate Per| Rate Litre | (sper i.) FOR- - | Destination. O @ a o |e © 1. [GEAR CASE OIL SERVO SYNGEAR 460 RR OF MIS; IOCL OR MoBIL suc 634 0F | MOBIL | 161200 | s4742 | 645.95 MS EXXON — Mort, | SHC634 PACKED IN 208/210 LTRS. NET IN NEW, SOUND AND NON-RETURNABLE MS BARREL. (Unified PL. No, 10010349) (The price stipulated above is all inclusive rates. GST @ 18 % inclusive (G)_ Rights are reserved to cancel the allocations in RGC, if decided to use more cost effective Ibricants/preases Validity of RGC for placement of covering supply orders by Authorized officers of Railways (DOs) within one year from the date oF issue of RGC or 31.05.2020, whichever is ater, (Gv)_ Delivery: To commence within 45 days on pro-rate basis within validity erfod of supply order 8 Prices: The prices are frm and fixed 81 EOR.& Fright FOR Destination 8. Discount NIL, 10. gsr, Basi Price is excusve of GST, Present ate of GST @I8 %. i, Im case the successful tenderer is not liable to be registered under CGSTAGSTIUTGSTISGST Act, the Railway shall deduct the applicable GST from histheir bill under reverse charge mechanism (RCM) and deposit the same to the concerned tax authority.” ii, Purchaser shall not be responsible for any miselassification of HSN number of ‘incorrect GST rate if quoted by the bidder. \ede 58 i fil, Wherever the successful bidder invoices the goods at GST rate or HSN number ‘which is different fom that incorporated in the purchase order; payment shall be made as per GST rate which is lower of the GST rate incorporated in the purchase order o billed iv. Vendor s informed that shefhe would be required to adjust hers basic price to the extent required by higher tax billed as per invoice to mateh the al inclusive price as mentioned inthe purchase order. . Any amendment to GST rate ar HSN number in the contact shall be as per the contractual conditions and statutory amendments in the quoted GST rate and HSN number, under SVC. ‘The gear case ol shall be supplied in new, sound, non-returnable steel drumsbarels in 208 lites packing, eapacity conforming o TS: 1783 (Part) of 1993 (latest. “The goods to be supplied shal be of speific make and the purchaser shall have the right, to reject, if the goods are not of specified make, even though they may be of contract ‘uality, Product (packed) will be delivered in full drumsfbrrls of 208 lites only & balance if any, willbe treated as cancelled or will be rounded-off to cover one full drum. Marking: ‘Marking on the drums/barels will be as desired by the purchaser/SI standard Trade ‘Mark. Marking will invariably indicate ‘The description of stores stenciled on such containers. Dateyear of manufacture. Name of manufacturer Batch No. Shelf lif as per relevant RDSO Specification, Delivery: 4) Stores shall be delivered during contact period as per delivery dates to be indiated in suppl orders issued by various Railways or by Ministy of Railways (Railway Board). Delivery rate should be adjusted so that the delivery date as specified by the Railways in the respective supply-orers isnot exceeded. Stocks of produets on hand will be dispatched immediately on receipt of supply-orders. ‘The firm should ensure that every individual consignee gets his monthly quota iespective of the total order om hand with them. Consignees should provide necessary road permit /Octroi exemption certificate to fim, (ii) Mode of dispatch shall be by road transport. The date of receipt of material by consignee will be treated as date of delivery (ii) No liguideted damages in respect of dlay in supplies within the rae period of 21 ays willbe leviable where depot / Inspecting OfficeeDivisional Officer (who is a iret consignee), has extended delivery period accordingly. vedly18, 19, @ Inspect Inspection by consignee at consignee’s end against Manufacturers test. certificate. Firm to provide Manufacturer's test certificate along ith supply for inspection. 4) Place where stores ate to be tendered for inspection: At consignee's premises 1) Firm will submit manufacturer's works test certificate fr each batch. Batch number of the eillgrease should be indicted on each bare 6) Indentor/Consignee Railways to send quality performance-reports of frms, inevitably to Boats office for appraisal in respect ofthe sores supplied to them against the contac. ‘Transit Insurance: ‘The purchaser will not pay separately for Transit insurance, The supplier will be responsible tll the entre stores contracted for ative, in good condition at destination & liable for any shorage, damage or deterioration in terms of Clause 1501 of IRS conditions ‘ofcontract, 5. Weights and Mi ‘Weights(Measures as shown in the delivery/despatch documents shall be accepted by the Paying Authority subject to Clause 17 Transit Risk asa conclusive evideree of the quantity supplieddelivered for effecting payment. The purchaser may have the \weightsmeasurements checked before the products lave firm's premises if he so desires, ‘Transit Ris ‘The firm shall be responsible and line for any shortages, damages or deterioration tothe consignment in transit if the same is 19 be caried in their own or contractor's ‘tuckstanks/lorries to the destination, Inspection of Suspected Supplies at Destination: Ifthe consignee at destination on testing the product finds it below or of specification, he may book the same back to firms nearestnominated depot without the firm incurring any ‘demurrage for any detention atthe Railway’s consignee premises and without waiting for the arrival offirm’s representative. However, in such cases, Railways must intimate fim’ ‘nearest nominsted locations telegrapically or over the telephones about re-booking ofthe ‘wagon forward Railway receipt duly endorsing it in firm's favour, This should apply in respect of those wagons whieh are received by the consignees with seals intact. The consignee will fuish his laboratory test repot in respect af each wagon rejected by him to the firm in support of such action, Direct Demanding Officers: GC will be valid for placement of covering supply orders by Authcised officers of Railways (Direct Demanding Officers) within one year fom the date of issue of RGC or 51.05.2020 whichever is later. The officers of the Railways (Direet Demanding Officers) ‘authorised to issue supply-orders from time to time may place supply-ondesdiretly against ‘this contract within validity of RGC. Orders from these officers should be complied with as soon as they are recived, No confirmatory orders will be placed by this Ministry in such cases, The quantities that can be ordered by various Railways against this running contract willbe resticted upto those shown in Annexure. bcls—— ths 1© © 21 aud 212 2, 24, ‘While placing the supply-ordes, Railways should invariably follow the instructions contained in AnnexureII and furnish the detailed information a indicated in Annexure—1V. “The schedule of dispatch containing name of the indenters, indent number and date and the {1 f the stores tobe supplied are given in the Annexure ‘Paying Authority “The payment of firm's bills is entusted tothe respective PFA of Zonal Raiways/Prodution Units, where material i supplied. ‘Payment Terms: 100% payment against receipt and acceptance of material by consignee. Payments through respective PEAS where material is supplied, [No adjustmenvtedection in payment of fim on any account other than furchase from ofl companies will be applicable, which mandates that such adjustments/deductions would be ‘only after authorization by Railay Board, ‘Security Deposit Fim has submited security deposit vide B.G. No. 008GTU2190730031 dt. 14.03.2019, issued by (HDFC Bank Ltd, West Punjabi Bagh, New Delhi), amounting to Rs.10,00,000/- (Rs, Ten lakhs ony) valid up to 13.03.2021. The performance Bank Guarentee shall remain in fll force and in effect during the period that will be ten for satisfactory performance tnd fufilment in all respects of the conzact. As and when an amendment is issued to the contract extending the delivery period, the contactor shall, within 15 days of receipt of, such an amendment furnish an amendment tothe performance Bank Guarantee rendering the same valid forthe additional coresponding period. Progress Report: ‘The contractor shall as per clause 2000 of IRS conditions of the contract furnish to the Director Railway Stores (W), Railway Board, New Delhi by 10th of every month, monthly ‘Statement (preferable on a’ floppy on a ‘Excel work-shect) showing the supplies made ‘uring the preceding mont. A nil statement shouldbe submited if no supplies ae made in a particular month. Copy ofeach ofthe report should also be endorsed to the paying authority and the controller of stores of each consignee Railway. Acknowledgement Please convey your unconditional acceptance as in proforma indicated in Annexure-V addressed to the President of India through Director Railway Stores (W), Ministy of Railways (Rly. Bd), New Delhi endorsing a copy of the same to the paying authority. A. ‘copy ofthe contact duly signed on your behalf by an authorized person), with your seal duly witnessed by two persons on each and every page (including all Annextire), duly iniled should be returned for record within 15 days of receipt of this letter. OAS Director Railyay Stores(C) iway Board. For & on behalf of the President of India DAt Annexures 140 V.ANNEXURE- ‘Schedule of despatch of Gear Case Oil Mobil SHC 634 against RGC No. ‘RS(POL/58/0501/82018/00868 dt. [903.2019 on M's NIS Marketing Prt. Ltd, New Delhi 5] Quen aay Tia Ne ae wo. | Required inlies doinaaamnO7s a Ta.8 1 [12st [reveal Rava, mba | SPROUTS 15.0818 2 |__| Rune Ra, Kaa ase raaran6 25.1018 3 | 1000 [Rows Cents, Hajar | 179777023 a2808.018 Tae 7] PERN Cas aay RTOS TEI Hubei sstai7avoniiga. 2092018 oe EMM Cental aes a 6 | 700 [Pa aoreo297ét8.8 7} na” | ROMBIN Ensen alas, ——2raoraooRT ara Gout 20082018 © |__| REMMINSRR FSR Rar, oranges a 2.072018 9 |, s000 [Pex Westen Ray, par | soro07n08S & 4072017 10 | sow | pcwnesouhem aiay, Chea | 0181257C010@121.082078 PENNS Coal Ras, | areao [FORE 018120047 30082018 = ag | oraaoaET ATs 12 | 10m | pevsout ase Rave, Koti | SSS 13 | 900 [PEMMSowh Eat Conall Tong strorisa 100818 14 | 9000 | pexawsouth West Rava, abit | orsore7ons a. 73.01.2018 15 | 120. |pcxnesem Rainy, Mami | 201651778067 e0011.208 16 | mo | rv Cena Rai, Jt | 1810470061 16072018 7 [5000 | peMDiW.Paa Tas90 a i8ona8 i | conn [PeNIMIDLW, Vara 7TSOORO a 96068 end ei20a » ANNEXURE-II SPECIAL CONDITIONS OF THE CONTRACT OPTION CLAUSE: The purchaser reserves the righ to increasedcrease the ordered qty by 30% during the eureney ofthe contact including as day of delivery period at the same price terms and conditions stipulated in the contract & contractor shall be bound to supply the gy. s0 ordered according to revised delivery schedule advised by the rurchascr. RISK PURCHASE CLAUSE: will be applicable to this contract as per IRS conditions of contract. The period for making risk purchase will be 9 months FORCE MAJEURE CLAUSE : If at anytime during the continuance of tis contract, the performance in whole or in part by ether party of any obligation under this contract shall be prevented or delayed by reason of any war, hostility acts of public enemy, civ ‘commations sabotage, fites, floods, explosions, epidemics, quarantine restitios, strikes, Tock-outs of acts of Godthere-incafter referred to as events), provided notice of the happening of any such eventuality is given by the either party fo the other within 21 days fiom the date of oocurrence thereof. Neither party shall by reasons of such event be cnftedto terminate this contactor shall ether party have any claim fr damages agunst the other in respect of such non ~ performance or delay in performance and deliveries under the contract shall be resumed as soon as practicable after such event has come to an ‘end or ceased to exist and the decision of the Railway Board as to wheter the deliveries have been so resumed or not shall be final and conclusive, provided further tht if the performance in whole or in part oF any application under this contract is prevented or felayed by reasons of any such event fora period exceeding 60 days eitver party may opt to terminate the contract, provide lso that if the contact is terminated under this clause, the purchaser shall have liberty to take over from the contractor at « price fixed by Railway Board, which shall be fine, all unused, undamaged and acceptable materials, bought-out components and stores in course of manufacture in the possession of the contractor atthe time of such termination of such portion there-of as the purchaser may fit except of such materials, bought out equipments and stores as the contractor the concurrence ofthe purchaser elect to retin. tis also understood in addition that this foree Majeure clause will cover firms inability to supply the stores on account of import restitions of reductions in foreign exchange allocated for importation of product, erude oils and additives. ‘SUBMISSION OF BILLS: ‘The bill will be submitted by supplier firm to the respective PFA(S) of Zonal Railways/Production units where material is supplied and the payment will also be received by the suppliers accordingly. Supplier in their own interest should fumish following certificate on the bills in respect of advance payment tothe PEA(s) where material is supplied, in absence of which the bills, ar liable tobe returned unpaid by the paying authority. Nie ke“Supplier frm have personally examined and verified and itis hereby certified thatthe goods in respect of which payment is being claimed have been actually despatched by firm drawing in favour ofthe consignee whichis genuine and mentioned inthe bill and that firm bold itself responsible for correctness of this statement” ‘Supplier firm further certify thatthe above mentioned consignment note No... dated. las bees forwarded tthe consgnce mentioned in the contac ner registred post AD on 5. Contractors are responsible for seing their own tank Loeres before filing, perfectly clean and in good order, sound and suitable forthe required purpose. 6. All charges on account of handling of sup Aispatches shall be bome bythe contractor. ‘of POL produets for delivery at places of Nude seGENERAL INSTRUCTIONS FOR INFORMATION AND GUIDANCE 1. All Rainy offers ining AMM, SMM of Zonal Railay astorized to draw supplies feast his Running cont, are hereby advised that they should rave hei eiement tothe extent inl inthe schedule herewith by placing suppy-bidders on the fm irc, copies of the supply orders on the contact holders shoud vara e set by re. Postacknowledge du, 2, The following instructions shouldbe observed in the preparation ofthe supply orders: 8) Copies ofall supply orders should! be endorsed to the concerned PFA vader regd. Cover and the Inspection Authority 1) The supply order should contain reference to the original contract. ©) Inthe copy ofthe orders of concerned PPA, please indicate the designation of the accounts officer through whom and the budget head against which the debit isto beraise, 8) Copies of each supply orders and correspondence relation thereto are not required to be endorsed to ths office. ©) The description ofthe stores in the supply orders should correspond to the description sven inthe schedule 4) Inthe event of failure on the part of te contract older to make supply against particular supply order, the matter should be reported to this office in a self-contained leter for necessary action. 3. Inall communications to this Running contrac, supply orders and other relevant reference number and date must be quoted to facilitate disposus. However, practicable ‘communication should be confined fo @ contract supply-onder etc. and where more than ‘one contract et. i involved, separate communication shouldbe addressed 4. Direct demanding officer should issue supply orders under their own signatures. If sub- ‘ordinate officer who must invariably bea gazetted officer, is allowed to sign the supply- ‘order in exceptional case, his name and designation together with that af the competent authority (Direct Demanding Officer) for whom he i signing should be clearly stated in such cases. This is important from the Audit point of view. 5. Direct Demanding Officers should operate on the Running Contract in respect of which they have been ordered as direct demanding officer and should not draw their requirements of the contract \ hel LeDOs should enclose, the certificate inform *D" of declaration in form °C° of “AF* form(s the ase may be) duly file in duplicate with the supply orders placed by them if they wish to avail of concessional rates of Central Tax. IF this isnot complied with, there willbe no other alternative for the Running-Contract holder but to bill the sales ‘Tax athe higher rte Railvay’s requirements of lubricants/greaseloil for supply during the extent contact period are shown in Annexute- (attached herewith), They may please check up the ‘quantities registered on their behalf and in case any alteration is required and discrepancy found, advise this office immediately for necessary action. They ate authorized to operate direct on the suppliers in a phased manner to the extent ofthe nearest FOR station of despatch. Copies of such supply orders placed ky them on the firm should be forwarded to the concemed PFA by Registered Post and Inspection Officer concerned for Inspection of Stores. ‘The Direct Demanding Offices are required to place thee supply-oner fr afl dram capacity of 28 lites & balance if ny, wll be teatd as cancelled or wl be rounded off fo cover one fll drum for asthe suppliers have not offered supply in less than a rumba of el It is obligatory on the part of the Direet Demanding Officers to draw full quantity registered on their behalf on this contract. In case of short receipt of stores, or any other iregulaity in the receipt of consignment, the indentor must immediately, approach the caries, claim for iregularity, if necessary, intimate supplier and this office about the same.ANNEXURE =IV, Delailed information to be furnished by Direct Demanding Officers at the time of placement of supply-orders. Indentor’s designation with fll postal adress. DO's supply order number and date. Contract No, & Dae Name ofthe purchaser. Item No, of indent/supply onder. tem no. if any. Suppliers Brand name for product. Quantity Unit. 10. Rate per unit tobe indicated 1. Total cost tobe indicated, 12. Delivery aUFOR Destination asthe case may be. 13._ Delivery period. 14. Consignee and his fll address 15, Mode of delivery by road transport 16. Head of account to which the cost isto be debited 17. Remarks regarding enclosure othe $0, ifany, such as declaration form-"D" ete. 18, Address ofthe supplier. 19. Full signature of the Indents (DDO or his authorised subordinate office), his name and designation, with the stamp of officer. sadly Ww “ANNEXURE—V ‘We unconditionally ccept the contract No. RS(POL}S8/0S01/5/2018/005S3 dated 1 (03.2019 and its terms and conditions. For & on behalf of Mis. Signature of Witness (1) Pall name Date (SEAL) Signed by, all Name Signature of Witness (2) Full name Date ve