"Annual Maintenance contract (AMC)" for all UTS, PRS, TMS system peripherals (Dumb Terminals with key boards, Thin Clients with terminals and key boards, Dot Matrix Ticket Printers, Dot Matrix Report Printers, Terminal Servers, PRS Ticket Printers) for all UTS & PRS locations and PC peripherals, Dot Matrix Printers for TMS locations of Adra Division for 01 (one) year.

Bidder/Tenderer should have adequate work experience of 5 (Five) years in support of UTS, PRS & TMS related peripherals only. Testimonial of the same to be submitted by the Bidder/Tenderer.

I/we the tenderer (s) am/are signing this document after carefully reading the contents.

I/We the tenderer(s) also accept all the conditions of the tender and have signed all the pages in confirmation thereof.

I/we hereby declare that I/we have downloaded the tender documents from Indian Railway website www.ireps.gov.in . I/we have verified the content of the document from the website and there is no addition, no deletion or no alteration to the content of the tender document. In case of any discrepancy noticed at any stage i.e. evaluation of tenders, execution of work or final payment of the contract, the master copy available with the railway Administration shall be final and binding upon me/us.

I/we declare and certify that I/we have not made any misleading or false representation in the forms, statements and attachments in proof of the qualification requirements.

I/We also understand that my/our offer will be evaluated based on the documents/credentials submitted along with the offer and same shall be binding upon me/us.

I/We declare that the information and documents submitted along with the tender by me/us are correct and I/we are fully responsible for the correctness of the information and documents, submitted by us.

I/we certify that I/we the tenderer(s) is/are not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of submission of bids, either in individual capacity or as a HUF/ member of the partnership firm/LLP/JV/Society/Trust.

I/we understand that if the contents of the certificate submitted by us are found to be forged/false at any time during process for evaluation of tenders, it shall lead to forfeiture of the Bid Security and may also lead to any other action provided in the contract including banning of business for a period of upto two year. Further, I/we and all my/our constituents understand that my/our offer shall be summarily rejected.

I/we also understand that if the contents of the certificate submitted by us are found to be false/forged at any time after the award of the contract, it will lead to termination of the contract, along with forfeiture of Bid Security/Security Deposit and Performance guarantee and may also lead to any other action provided in the contract including banning of business for a period of upto two year.

I/We have read the clause regarding restriction on procurement from a bidder of a country which shares a land border with India and certify that I am/We are not from such a country or, if from such a country, have been registered with the competent Authority. I/We hereby certify that I/we fulfil all the requirements in this regard and am/are eligible to be considered (evidence of valid registration by the competent authority is enclosed)

PERFORMANCE GUARANTEE: Performance Guarantee at a rate of 10% of the contractual value shall be deposited by the successful bidder within 30(thirty) days from the date of issue of Letter of Acceptance (LOA).Extension of time for submission of PG beyond 30(thirty) days and up to the date of submission of PG from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 15% per annum shall be charged for the delay beyond30(thirty days, i.e. from 31 day after the date of issue of LOA, in case the contractor fails to submit the requisite PG after 60 days from the date of issue of LOA, a notice shall be served to the contractor to deposit the PG immediately however not exceeding 90 days from the date of issue of LOA).In case the contractor fails to submit the requisite PG even after 90 days from the date if issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any payable against the contract. The failed contractor shall be debarred from participating in re-tender for that work. In case 60th day is a bank holiday or office closure, next working day should be considered as the last day for submission of the PGs. Decision of Authority competent to sign the contract agreement would be final in case of any dispute.

The applicable Performance Guarantee shall be calculated as per the revised value of the contract covering all variations up to the determination of the contract.

The successful bidder shall submit the Performance Guarantees (PG) in any of the following forms, amounting to 10% of the contract value

A deposit of cash

Irrecoverable Bank Guarantee

Government Securities including State Loan Bonds at 5% below the market value

Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of Performance Guarantee should be either of the SBI or of any of the Nationalized Banks

Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks

A deposit in the Post Office Saving Bank

A Deposit in the National Saving Certificates

Twelve years National Defense Certificates

Ten years Defense Deposits

Unit trust certificates at 5% below market value or at the face 1.2.11 value whichever is less

1.2.12 FDR in favour of FA & CAO/GRC/Kolkata-43 may be accepted.

The Performance Guarantees shall be submitted by the successful bidder after the Letter of Acceptance (LOA) has been issued, but before signing of the contract agreement. These PGs shall be initially valid up to the stipulated date of completion and maintenance period, if any plus 60 days beyond that. In case, the time for completion of service gets extended, the contractor shall get the validity of PGs extended to cover such extended time for completion and maintenance period, if any of service plus 60 days.

Whenever the contract is rescinded, the Performance Guarantees shall be encased/forfeited. The balance work or services for the same shall be got done independently without risk & cost of the failed contractor. The failed contractor shall be debarred for a period of 2 years from the date of such resentment from participating in the bid which includes delivery of balance services of failed contract. If the failed contractor is a Partnership firm, the every member/partner of such a firm shall be debarred for a period of 2 years from the date of such resentment from participating in the bid which includes delivery of balance services of failed contract in his/her individual capacity.

"Annual Maintenance contract (AMC)" for all UTS, PRS, TMS, RR system peripherals (Dumb Terminals with key boards, Thin Clients with terminals and key boards, Dot Matrix Ticket Printers, Dot Matrix Report Printers, Terminal Servers, PRS Ticket Printers) installed at Godapiasal, Salboni, Chandrakona Road, Garbeta, Piardoba, Bishnupur, Ramsagar, Ondagram, Bankura, Chatna, Jhantipahari, Sirjam, Indrabil, Sonamukhi, Bowaichandi, Adra, Joychandipahar, Bero, Ramkanali, Muradih, Madhukunda, Damodar, Burnpur, Garhdubeswar, Anara, Bagalia, Kustaur, Chharra, Purulia, Tamna, Kantadih, Urma, Barabhum, Biramdih, Nimdih, Chandil, Gourinathdham, Tupkadih, Radhagaon, Pundag, Kotshila, Garhjaipur, Bokaro Steel City, Sanka, Rukni, Santaldih, Bhojudih, Sudamdih, Bhowrah, Bhaga, Layabad, Malkera, Mahuda, Khanudih, Shewbabudih, Talgoria, Bokaro City Booking. PC & peripherals and Dot Matrix Printers for TMS Locations: - Godapiasal, Chandrakona Road, Bishnupur, Bankura, Jhantipahari, Adra, Santaldih, Bhaga, Mahuda, Khanudih, Jamadoba Washery, , Bokaro Goods Shed, Bokaro Freight Office, Tupkadih, Bandhdih, Chandil, Purulia, Ramkanali, Radhanagar, Damodar, Madhukunda & at Sr. DCM Office for 01 (one) year. Name and Number of Equipment list is uploaded in document section named as "Equipment.pdf".

Contractual Period

The contractual period shall be for 1 (ONE) year only.

Maintenance

Maintenance should be ON-SITE. In exceptional cases, if equipment is to be taken to firm's premises, the firm should make a standby provision of similar capacity to the system so that day-to-day work does not suffer. It will be responsibility of the firm to keep minimum critical spares at site.

All the Equipment working at different locations as mentioned in the schedule and "as is where is" basis.

Service calls as and when required will be attended within 12 (Twelve) hours of receipt of complaints. Repairs/replacement should be arranged within 06 (six) hours from the time of attending complaint.

All the equipment are functioning in non-air-conditioned/air conditioned environment.

Maintenance Support to be provided for 24 HOURS X 7 Days a week.

The repair or replacement should be equal to the original hardware.

Before taking major repairing the firm should ensure the safety of the data of the user. If required, the firm should make suitable back up arrangement.

Preventive Maintenance

The contractor will have to do the preventive maintenance of equipment located at ADRA, BKSC, PRR, BQA, VSU & BURN every month.

For remaining locations preventive maintenance will be done in every 2 (two) Months.

Call-Sheets for Preventive Maintenance performed at the locations are to be signed by the respective In-charge of that location and the engineer concerned of contractor.

The contractor shall be responsible to maintain machine-wise records of preventive maintenance and breakdown maintenance done including failure analysis during operation of AMC.

Firm should mention the information channels for fault reporting indicating their phone no etc.

The firm/contractor who will be awarded the work of AMC will have to execute an agreement with the President of India acting through the Sr. Divisional Commercial Manager/S. E. Railway/Adra within 30 (thirty) days of receipt of LOA.

Installation of Thin Clients, Retiring Rooms software, TMS etc. at any location will be the responsibility of the contractor.

PENALTY

Recoveries if any on account of penalty shall be recovered while releasing the security deposit as well as final payment.

If Failure is not rectified within stipulated time period, penalty will be imposed @ Rs. 50/- per hour for first 24 hours and Rs. 100/- for rest hours. The maximum penalty will be 25% of the quarterly bill.

If any location is not covered by preventive maintenance at any period, then a fine of Rs. 500/- will be levied on the contractor for each location.

In case the failure leads to total closure of ticketing at a station, an additional penalty of Rs. 5000/- per day per counter will be levied by the Railway.

Any individual or individuals signing the tender and the documents connected therewith should specify whether he/they is/are signing.

In the case of a firm not being registered under the Indian partnership Act, all the partners of the firm or the constituted attorney duly authorized by all of them should sign the tender and all other relevant documents. A copy of the documents empowering the individuals to sign should also be sent with tender. In any case, the tenderer should disclose his constitution fully and copies of all necessary legal documents in support thereof should be submitted with the tender and originals thereof should be produced as and when called for.

Every tenderer shall state in the tender his postal address shall be deemed to have reached the tenderer, duly and timely, notwithstanding the fact that the communication could not reach at all or in time because of any inaccuracy or defect in the said address or any postal delay.

No tenderer shall canvass any Government officials or the Railway officer with respect to his or any other tender. Contravention of this condition will involve rejection of the tender. This clause shall not be deemed to prevent the tenderer from supplying the Railway any information asked for from him.

Intending tenderer are advised to study the General Condition of Tender, General Conditions of contract, instruction to the tenderer and conditions, special condition of contract etc (all of which shall be read as parts of the tender and are hereinafter collectively referred to as "Tender Document"). The tenderer shall be deemed to have carefully examined the tender document and understood the implications thereof. The tenderer may inspect the site of work and acquaint him with all the local conditions, nature of work and materials pertaining thereto, if he considers it necessary.

Failure on the part of the tenderer to execute the agreement within the time as stated herein before will constitute breach of contract and the contractor's Earnest Money/Security Deposit shall be liable to forfeiture.

The rates to be quoted are to be inclusive of GST and all other charges and taxes levied by the states as well as Central Govt.

ADDITION/DELETION OF EQUIPMENT

Railway reserves the right to add equipment to the maintenance list periodically on the completion of their warranty period or otherwise and to delete equipment from the list periodically on the same terms and conditions of the contract. These additions and deletions will be intimated to the contractor through separate schedules/letters which will be treated as part of the maintenance agreement. The codal life of each item will be fixed by Railways. Any deletion of hardware from the maintenance agreement will result in reduction in the maintenance charges on prorata basis.

PRS, UTS, UTS-Cum-PRS, TMS, NTES, Retiring Rooms or any other locations opened subsequently will come under maintenance contract from time to time.

The Supervisors/Service Engineers should posses a Mobile Number positively and should submit the Mobile Number to Incharge/UTS-PRS-TMS/ADRA & Commercial Control/ADRA.

It will be the sole responsibility of each tenderer to fully acquaint himself with all the local conditions and factors, which could have any effect on the performance of the contract and/or the cost.

All the special Conditions embodied in GCC will form a part and parcel of an agreement.

SHIFTING OF EQUIPMENT

In case the Railways decide to shift the equipment from the present site to a new one, they should inform the Contractor in writing and in advance so as to plan accordingly. All decisions of Railway in this matter will be final.

Termination

If the performance is not satisfactory, the office of Sr. DCM/SER/Adra will review the performance and reserves the right to terminate the contract with a notice of 7 days.

The Railway shall be entitled to determine and terminate the contract at any time issuing notice for termination duly following the provision prescribed in the General Condition of Contract -2018 corrected up to date.

Tenderer must abide by or comply with all provisions and Rules of contract Labour (Regulation and Abolition) Act 1970 and contract Labour (Regulation and Abolition) Control Rules 1971 and shall be bound by that Act and Rules under all circumstances and successful Tenderer shall execute agreement with the Railway Administration in which the said special condition shall form part thereof.

The Railway Administration shall not be liable to pay any compensation monitory or otherwise to the labour / representative of the contractor in any circumstances.

The Railway Administration will not be held responsible for death or injury to any operator, Labour during execution of the work as a Maintenance Contract.

The Railway Administration reserves the right of deduction of the Railway dues from the contractor in case any fine or payment made under and order/judgment of any Court/Consumer Forum or law enforcing agency or any person working on their behalf.

Force Majeure Clause

The licensee shall agree that no party shall be liable to the other if, and to the extent, that the performance or delay in performance of any of its obligation under this agreement is prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control of such party including but not limited to Government legislation, fires, floods, earthquakes, epidemics, wars, riots and or act of God, Government strikes and lockout. The party claiming an event of force Majeure shall promptly notify the other parties in writing and full particulars of the cause or event and also keep the other parties informed of any further developments. The party so affected shall use its best efforts to remove the cause of non- performance, and the parties shall resume performance hereunder with the utmost dispatch when such cause is removed. A condition of force Majeure shall not relieve any party of any obligation due to under this Agreement prior to the event of force Majeure. Subject as otherwise provided in this agreement, all notices to be given on behalf of the President and all other action to be taken on his behalf may be given or taken on his behalf by the Divisional Railway Manager (Commercial), ADRA DIVISION , SOUTH EASTERN RAILWAY .

Dispute/ Arbitration

All notices, communications, references and complaints made concerning the works shall be in writing. Notices, communications, reference or complaints not in writing shall not be recognized.

If not provided otherwise in the agreement all notices to be given by the Railway Administration and all other to be received on its behalf may be given or taken by the Senior Divisional Commercial Manager/Adra or any other officer for the time being entrusted with the functions, duties and powers of the competent authority.

In the event of any question, dispute or difference arising under these conditions or in connection with this contract (except as to any matters the decision or which is specially provided for by these conditions) the same shall be referred to the arbitration of the Arbitrator, SOUTH EASTERN RAILWAY to be appointed by General Manager, SOUTH EASTERN RAILWAY . The award of the Arbitration shall be final and binding on the parties to this contract

It is further a term of this contract that no person other than appointed by the authority as aforesaid should act as Arbitrator.

The cost of the arbitration shall be borne by the respective parties. The cost of arbitrator shall inter alia include fee of the Arbitrator, as per the rates fixed by the Railway Administration from time to time.

Where the award is for payment of money, no interest shall be payable on whole or any part of the money for any period till the date on which the award is made.

Subject as aforesaid, the Arbitration & Conciliation Act 1996 and the rules there under and any statutory modifications thereof shall apply to the arbitration proceedings under this clause.

The venue of arbitration shall be the place from which the acceptance letter is issued/the Contract Agreement is signed or such other place as the Arbitrator at his discretion may determine.

In the event of the Arbitrator dying, neglecting or refusing to act or resigning or being unable to act for any reason or his award being set aside by the Court for any reason, it shall be lawful for the authority appointing the Arbitrator to appoint another Arbitrator in place of the outgoing Arbitrator in the manner aforesaid.

Railway Pass

No free Railway passes shall be issued by the Railway to the contractor or any of her employees/workers.

Tax Liability

GST or any other TAX

The payment of the GST or any other TAX shall be liability of the 26.1.1 contractor and same shall be paid immediately as per laid norms.