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MRIDUL HANDIQUE

Date: 2022.11.01
14:01:02 IST
Reason: IREPS
Document
Location: IREPS-CRIS

INVITATION AND INSTRUCTIONS TO TENDERERS


(---------------------TENDER NO.-------------------)

ON BEHALF OF THE PRESIDENT OF INDIA, THE -------------------------------


-------------------------------------(HEREINAFTER REFERRED TO AS
PURCHASER WHICH INCLUDES HIS SUCCESSOR AND ASSIGNEES)
INVITES OPEN ELECTRONIC TENDERS (E-TENDERS) THROUGH
REVERSE AUCTION (e-RA) FOR MANUFACTURE AND SUPPLY OF
PRESTRESSED MONO-BLOCK CONCRETE LINE SLEEPERS (RT-
8746) (PRE-TENSIONED TYPE) FOR BROAD GAUGE (1673 MM) FROM
RDSO CERTIFIED CONCRETE SLEEPER MANUFACTURING PLANTS
LOCATED IN GEOGRAPHICAL JURISDICTION OF ---------------(ZONAL)
RAILWAY, AS PER THE INSTRUCTIONS/REQUIREMENTS FURNISHED
HEREINAFTER AND AS SETFORTH IN “NOTICE INVITING TENDER”
AND “ITEM DETAILS” PAGE ATTACHED WITH EACH ELECTRONIC
TENDER “FINANCIAL RATE PAGE SCREEN”.

1.0 General Instructions:

BEFORE FILLING UP THE TENDER FORM, PLEASE READ THE


FOLLOWING:

(A) INSTRUCTION TO TENDERES FOR E-TENDERS,

(B) SPECIAL CONDITIONS OF CONTRACT,

(C) IRS CONDITIONS OF CONTRACT.

ABOVE ARE AVAILABE ON THE IREPS WEB SITE www.ireps.gov.in THE


CONTRACT AND THE SUPPLY 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.

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1.1 Tentative Quantities of Pre-stressed Mono-block BG concrete line
sleepers (RT-8746) of which supplies are proposed to be taken by ---------
---- (Zonal) Railway over a period of two years are given below : -

Railway Quantity in No.

1.2 Tender Documents and Tender Cost:

Tenderers are expected to upload their bids after downloading the tender
document online as made available in IREPS website. The cost of tender
document has been dispensed with for downloading the tender documents
by the bidders.

1.2 E-Tender document consist of:


(i) Instructions to Tenderers for e-Tenders (ITT)
(ii) IRS Conditions of Contract (available on IREPS web portal)
(iii) IRS specification (T-39) for PSC sleepers – pre-tensioned type -
sixth revision or latest as on Tender Opening Date
(iv) Special Conditions of Contract
(v) Schedule of Technical Requirement (STR) for PSC Sleepers –
August 2022 or latest as on Tender Opening Date
(vi) Proforma for Indemnity Bond for 90% payment
(vii) Proforma for Indemnity Bond for balance 10% payment
(viii) Procedure and Guidelines for e-RA – with special condition of
no elimination in e-RA participation in modification to para 2.2
(a) .
1.3 Manual offers shall NOT be accepted against e-tenders, even if they are
submitted on the Firm’s letterhead/ any other form acquired or downloaded,
and, submitted before closing time. All such manual offers shall be
considered as invalid offers and shall be rejected summarily without any
consideration.

1.4 Time for Submission of Electronic Offers:

Time for submission of offers :Up to------------------------------------

2.0 Filling of E-Tenders

2.1 Tenders should be duly filled in (on the assigned space), duly signed with
the digital signature and submitted online. All mandatory fields marked
(*) have to be filled by the tenderers.

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2.2 Tenderers must fill-in the techno-commercial offer form (consisting of
eligibility criteria, terms and conditions, performance statement, deviation
statement, checklist & special conditions etc.), financial offer form and
attach scanned copy of necessary documents.

2.3 All the mandatory fields of the Techno-commercial offer form and
Financial offer form (i.e. Rate page) including basic rate, all taxes and
duties (including maximum percentage of GST), or any other taxes/ duties
which may become applicable during the currency of the contract and any
other charges have to be filled up by the vendor. The unit of rate shall be as
indicated in the tender schedule and cannot be altered by the vendor. 2.4
All-inclusive rates on station of dispatch basis (FOR Loading point) shall
be automatically calculated by the system and shown to the vendor before
submission of offer (Screenshot/ print screen will not be taken as proof of
having submitted the same rate). Inter-se position shall be automatically
generated by the system accordingly.

2.5 Any financial elements indicated in the remarks column will not be taken
for ranking/ evaluation and will be summarily ignored. Tenderers are
therefore advised not to enter any financial element in the remarks column
available in the Financial Rate page.
2.6 Plant Location should invariably be mentioned against ‘designated field’ of
financial rate page. A Firm owning more than one plant, is permitted to
quote for more than one plant, for which separate offer sheet needs to be
filled up for each plant by using the link “Submit Alternate Bid” duly
mentioning the location of plant in designated field, which will be
considered as separate offer.

2.7 In case a tenderer submits two offers for the same plant, inadvertently, then
the offer with lower rates shall only be considered.

2.8 The Tenderers are required to quote their rates in the space earmarked in the
tender schedule. Any deviation in this regard will lead to summarily
rejection of offer.

2.9 The individual(s) signing the tender or other documents connected


therewith with the digital signature should satisfy the following:

(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;

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(ii) 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;

(iii) In case of a company, the signing individual(s) should be


Director(s), Manager or Secretary of the company duly authorized
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;

(iv) In the case of a firm not registered under the Indian Partnership
Act, all the partners or attorney duly authorized by all of them
should sign 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.

2.10 Offers shall be as per terms and conditions given in the tender documents.
However, deviations, if any, may be brought out in a separate “deviation
form” provided with e-tender, detailing clause number of the tender
document, stipulation as per the clause and deviation asked for, otherwise
the tenderer 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.

2.11 The status of tenderer shall be reckoned as on the date of tender opening
unless there is a case of downgrading/removal/suspension/banning.

2.12 Any offer with longer delivery period or not agreeing with the delivery
schedule specified in the tender, will be summarily rejected.

2.13 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 tender or offers different formula/scheme for
input tax credit as compared to provisions of SCC, will be summarily
rejected.

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3.0 Earnest Money Deposit (EMD):

3.1 As per Board’s letter No..2004/RS(G)/779/11/Pt. dt.23.12.2019 , the


Earnest Money is Rs.50,00,000/- (Rupees Fifty lakh only). There shall be
no exemption from submission of EMD by any tenderer except
exemptions as mentioned in Rly Bd letter dtd 23.12.2019. Tenderers are
required to upload scanned copies of necessary documents in support of
their claim for EMD exemption.

3.2 EMD should remain valid for a period of 45 days beyond the final
offer validity period. EMD (without any interest) will be refunded to the
successful tenderers on receipt of security money. EMD (without any
interest) will also be refunded to unsuccessful tenderers after finalization
of tenders. Offers without Earnest Money shall be summarily rejected, if
not under valid exemptions.

3.3 Tenderers intending to supply PSC line sleepers from their existing
RDSO certified/approved sleeper plants, can submit their tenders without
Earnest Money. Tenderers willing to claim Earnest Money exemption on
this account should upload documentary evidence of having valid RDSO
certified/approved plant.

3.4 Forfeiture of Earnest Money:

The Purchaser shall have the right to forfeit the Earnest Money Deposit if
the tenderer withdraws or revises his offer within its validity period.

3.5 If the tender is cancelled by the Railway Administration before tender


opening, any EMD without interest paid shall be refunded to the tenderer.

4.0 Technical Information

4.1 Clarifications, if any, regarding specifications etc. may be obtained from -


-----------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------
---------------.

4.2 A copy of relevant specifications and drawings can be obtained on


payment by the tenderers from the Director General (Track), RDSO,
Manak Nagar, Lucknow. The relevant drawings and specifications can be
seen in the office of ----------------------------------------------------------------
-----------------------------------------------------------------------------------------
-------------.

5.0 Effect and Validity of Offer:


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5.1 The submission of any offer connected with this tender document shall
constitute an agreement that the tenderer 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 tenderer shall have no claim in that regard
against the purchaser.

5.2 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 tenderer. While the offers are under
consideration, tenderers 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 tenderers, either in
writing or through personal contact, as may be considered necessary.
Tenderers will not be permitted to change the substance of their offers
after the offers have been opened.

5.3 The validity of offer should be for a minimum of 180 days effective from
the date of opening of tender. Offers with validity less than 180 days shall
be summarily rejected.

5.4 In exceptional circumstances, the purchaser may solicit the Bidders


consent for extension of the period of validity. The request and the
responses thereto shall be made in writings (or by cable or mail/telex). 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.

6.0 Qualifying Requirements:

The tenderer (Concrete Sleeper Plant i.e CSP) must, fulfill all the
following conditions to be eligible for placement of
regular/developmental orders against this tender:

6.1 Only Concrete Sleeper Plants (CSPs) located in geographical jurisdiction


of ------------- (Zonal) Railway and certified by RDSO for undertaking
production of PSC Main Line sleepers for IR will be considered eligible
for placement of orders (regular or developmental as per status of RDSO
approval/certification) against this tender.

6.2 Existing manufacturers quoting for supply from a new location within
geographical jurisdiction of --------------(Zonal) Railway after shifting

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their existing plant should have prior approval for supply from new
location as per instructions of Railway Board vide letter No. 2004/Tk-
II/22/11/5 dated 22.02.2006.

Plants, which have already been permitted for shifting of location but
have not shifted/started production from new location within geographical
jurisdiction of ---------(Zonal) Railway, even after lapse of one year or
more from date of issue of permission letter, shall not be eligible to quote
from old location. They will be eligible to quote from new location within
geographical jurisdiction of ------------(Zonal) Railway only if they have
already obtained the RDSO certification of Plant at new location within
geographical jurisdiction of -----------(Zonal Railway) , before the date of
tender opening.

6.3 Those plants will be considered “closed”, which have not manufactured
any type of sleepers (mainline, Turnout, special sleepers) for more than
five years reckoning from the date of tender opening. Such plants will not
be eligible for tender.

6.4 Minimum Quoted quantity by a tenderer for a plant should not be less
than 50% of RDSO certified rated production capacity for period of 2
years under consideration i.e minimum quantity to be quoted by a
tenderer should not be less than or equal to = ( 2 X 0.5 X12 X monthly
certified production capacity by RDSO). Offers quoting for less than
specified Minimum quantity or tendered quantity (whichever is lower)
will be summarily rejected.

6.5 The Firm should not be “black listed/suspended/banned” for business by


Railway.

7.0 Quantity distribution methodology:

Placement of orders to the plants for supply of PSC BG Main Line


Sleepers will be at the sole discretion of the purchaser. In view of wide
geographical distribution of requirement of sleepers, capacity constraint
of plants, the criticality of this safety item ,rates quoted , as well as to
minimize the transportation cost of sleepers, the tendered quantity will be
allocated/distributed/split as per following pre-decided quantity
allocation/splitting criteria per the following methodology:-

(i) “Production Capability” of a plant for the two years of Delivery


period as per following formula:-

“Production Capability” for two years = (2 x12 x Monthly


production capacity certified by RDSO) .

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(ii) Quantity allotment to a particular CSP for two year period will not
exceed the “quoted quantity” or the “production capability” as
defined in para 7.0(i) above , whichever is lower.

(iii) In the First round, 40% of Zonal Railway’s Net procurable


Quantity (NPQ) will be equally distributed amongst the all
eligible CSPs (regular/developmental) located in geographical
jurisdiction of -------- (Zonal) Railway. Such allotment to all
developmental certified plants taken together will be limited to
20% of NPQ. If such allotment exceeds the upper limits of some
plants as defined in para (ii) above or exceeds limit of 20% of
NPQ for all developmental certified plants, then the excess
quantity of such plants calculated as above will be taken out and
redistributed with quantities to be allocated/distributed as per pre-
decided quantity splitting criteria in the Second round as detailed
in subsequent paras. For this quantity allocation, counter offer of
regular L-1 rate will be given to all CSPs under consideration but
for developmental certified CSPs lowest of developmental
category CSPs rate if lower than regular L-1 will be applicable.

(iv) Quantity left over after Quantity distribution in First round as per
para (iii) above , will be distributed as per following Pre-decided
quantity splitting criteria :

(A) The Purchaser reserves the right to distribute the procurable


quantity on one or more than one of the eligible tenderers. Zone of
consideration of such eligible tenderers will be the right of the
Purchaser. The zone of consideration will be a dynamic mix of
inter-se position of firms, supply performance of the firms,
quantity being procured, criticallity of and lead time of supply of
the item, number of established suppliers, their capacity etc.
(B) Whenever such splitting of the procurable quantity is made,
the quantity distribution will depend (in an inverse manner) upon
the differential of rates quoted by the tenderers (other aspects i.e.
adequate capacity-cum-capability, satisfactory past performance
of the tenderers, outstanding orders load for the Railway making
the procurement, quoted delivery schedule vis-à-vis the delivery
schedule incorporated in the tender enquiry etc.
being same/similar) in the manner detailed in the table below:

Price differential between Quantity distribution ratio between


L1 and L2 L1 and L2
Upto 3% 60:40
More than 3% and upto 5% 65:35
More than 5% At least 65% on the L1 tenderer. For
the quantity to be ordered on the L-2

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tenderer, TC/TAA shall decide.

In the phrase ‘differential rates quoted by the tenderers’, the


quoted rate would mean the e-RA rate or original rates (in case of
no e-RA) as obtained at the time of tender opening. However, the
rate of the highest eligible tenderer within the zone of
consideration has to be per se reasonable .

If splitting of quantity is required to be done by ordering on


tenderers higher than the L-2 tenderer, then the quantity
distribution proportion amongst the tenderers will be decided
by transparent/logical/equity based extrapolation of the model as
indicated in the above Para.

In cases of pre-decided splitting, if the purchaser decides not to


split the ordered quantity, the reason for the same shall be
recorded in TC minutes/acceptance in direct acceptance cases.

Ordering developmental order shall not construe splitting of


procurable quantity.

In the cases of inadequate capacity-cum-capability, dissatisfactory


past performance, large quantity of outstanding orders (liquidation
of which will take very long time) etc, the Purchaser shall have the
right to distribute the procurable quantity amongst tenderers with
due consideration to these constraints and in such a manner that
would ensure timely supply of material in requisite quantity to
meet the needs of operation, maintenance, safety etc. of the
Railways, regardless of inter-se ranking of the tenderers and in a
fair and transparent manner with due conformity to the Principles
of Natural Justice and Equity.

For quantity distribution/allocation under this round also counter


offer of regular L-1 rate will be given to all CSPs under
consideration but for developmental certified CSPs lowest of
developmental category CSPs rate if lower than regular L-1 will
be applicable.

(v) 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.

(vi) In case, full requirement of a Zonal Railway is not allotted as per


distribution methodology stipulated above, then leftover quantity
(un allotted quantity) of such Zonal Railway will be re-distributed
amongst the eligible CSPs located in geographical jurisdiction of -
------------ (Zonal) Railway in proportion to the quantity already
allotted subject to quoted quantity and production capacity.

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(vii) For CSPs located within geographical location of --------(Zonal)
Railway but are certified as Developmental Plant by RDSO for
any category of PSC sleepers will not be eligible for regular order
and may be considered for an developmental order of total
maximum 20% of NPQ for all developmental certified plants
taken together.

(viii) Bulk/Regular order: Minimum 80% of the Net Procurement


Quantity (NPQ) shall be ordered on CSPs certified/approved as
regular soucre/plant by RDSO.

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

Scanned copy of the following documents should be uploaded along with


the e-Bid .

(a) Proof of authority from Firm in favour of signatory of tender for


digitally signing and submitting the tender document.

(b) Valid RDSO approval/certification of CSP showing production


capacity

© Year wise supply performance of CSP in last Five Years indicating


closure and rejections details if any

(d) Any other document

9.0 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 tenderer already registered with the IREPS
website. Digital signature used must be “Class IIIB with Company
Name” obtained from G.O.I. approved Certifying Authority.

(b) Tenderers 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
“Goods & Services Tenders” module of Web Site
www.ireps.gov.in will be considered.

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(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.

(e)This tender will be finalized according to “Guidelines for Electronic


Reverse Auction for Works, Stores and Services contracts” issued
vide Railway Board’s letter No. 2017/TRANS/01/Policy/Pt.-S
dated 28.03.2018 and amendment No. RS(M)/2011/EPS/01 Pt.
dated 18.10.2019. The provisions related to the Stores tenders will
be applicable as this is a Stores Tender. However in modification
to para 2.2(a) of the said Guidelines , there will be no elimination
of eligible bidders for participation in Reverse Auction
irrespective of No. of bidders qualified for award of Contract/Bulk
order i.e for cases of No. of Qualified bidders for bulk order being
3 or more , all will be eligible for participation in Reverse
Auction.

10.0 Tender Opening

(a) Electronic tender boxes will be opened only after stipulated


closing date and time of the tender as shown on the IREPS
Website.

(b) E-Tender boxes will be opened by minimum two authorized


Railway officials using their secured digital permissions,
passwords and digital private keys obtained from GOI approved
certifying agencies. The icon will indicate that the tenders have
been opened.

(c) Through e-RA, two packet tendering system will be followed.


Bidders shall be simultaneously required to electronically submit a
technical and commercial bid and initial price offer. This tender will
be finalized according to “Guidelines for Electronic Reverse Auction
for Works, Stores and Services contracts” issued vide Railway
Board’s letter No. 2017/TRANS/01/Policy/Pt.-S dated 28.03.2018
and amendment No. RS(M)/2011/EPS/01 Pt. dated 18.10.2019.
The provisions related to the Stores tenders will be applicable as
this is a Stores Tender. However in modification to para 2.2(a) of
the said Guidelines , there will be no elimination of eligible
bidders for participation in Reverse Auction irrespective of No. of
bidders qualified for award of Contract/Bulk order i.e for cases of
No. of Qualified bidders for bulk order being 3 or more , all will
be eligible for participation in Reverse Auction.

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(d) Offers not complying with essential technical & commercial
requirements of the tender shall be declared as ineligible.

(e) Initial Price Offer of only those bidders categorized as eligible for
regular/developmental order shall be opened and tabulated by
system separately.

(f) Date and time of start of e-RA shall be communicated to qualified


tenderers after evaluation of the technical bids.

(g) During Reverse Auction process, bidders shall not be allowed to


bid a rate higher than the lowest Initial Price Offer.

(h) Reverse Auction among bids categorized as Qualified for


regular/bulk order shall be conducted on IREPS Platform. Bidders
shall be able to see the auction screens.

(i) During auction period, identities of the participating tederers will


be kept hidden.

(j) Minimum admissible bid value will be last bid value minus
minimum decrement as specified by the tendering authority before
starting of reverse auction. Starting point for reverse auction shall
be the lowest Initial Price Bid of the tenderer eligible for award of
contract.

(k) After close of the RA, tabulation of last (minimum) bids received
from all the tenderers will be generated and made visible to
Railways and participating tenderers.

(l) Bidders will not be allowed to withdraw their last offer.

(m) L-1 will be defined as the lowest bid obtained after the closure of
R.A. session.

(n) Vendor shall not be required to be present in the Railway 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.

(o) 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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(p) 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 tenderer in the e-tender, after closure of the virtual tender
box.

(q) 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.

11.0 Acceptance of Tender:

11.1 The purchaser reserves the right to reject any or all of the tenders in part
or full at his sole discretion without assigning any reasons.

11.2 Railways 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. .

11.3 The acceptance of the tender will be communicated by letter of


acceptance direct to the tenderer. In case where a counter offer is issued,
the unconditional acceptance of counter offer will result in a validly
concluded contract, though formal letter of acceptance may be forwarded
to the contractor at a later date.

12.0 The Special Conditions of Contract are enclosed. The Special Conditions
of the Contract will have precedence over the IRS conditions and
instructions to tenderers.

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Enclosures:

1. Special Conditions of Contract Annexure- I

2. IRS Specifications for PSC Sleepers – Pre- Annexure-II


tensioned Type
3. Schedule of Technical Requirement Annexure-III

4. Indemnity Bond for 90% payment Annexure- IV

5. Indemnity Bond for balance 10 % payment Annexure- V

6. Guidelines for e-RA – with no elimination Annexure-VI


modification

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