Comprehensive Annual Maintenance Contract of CNC under Floor Wheel Lathe machine (Model No.YUL-08, SL No. NGUF-76) of Diesel loco shed, Raipur for a period of 02 years.

Only OEM is eligible for this tender.

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)

Please enter the percentage of local content in the material being offered. Please enter 0 for fully imported items, and 100 for fully indigenous items. The definition and calculation of local content shall be in accordance with the Make in India policy as incorporated in the tender conditions.

Name of Work: - Comprehensive Annual Maintenance Contract of CNC under Floor Wheel Lathe machine (Model No.YUL-08, SL No. NGUF-76) of Diesel loco shed, Raipur for a period of 02 years

Consignee: Sr. Section Engineer (Diesel)/ Raipur.

Location: Diesel Loco Shed/Raipur.

Completion Period: Two (02) Years from the date of commencement of work.

This contract shall be covered by General Conditions of Contract (GCC) for Works Tender April 2022 of Railway with latest amendments. In executing this contract it would be deemed that the contractor has kept himself fully informed of the provisions of the GCC including all corrections and amendments. In the event of any conflict or inconsistency between General terms and Conditions of Contract and Special Terms and Conditions of Contract, the latter will prevail.

The Contractor should complete whole of the work in all respects on or before the date fixed by the Railway or any authorized extension thereof. The Railway administration is entitled to recover penalty as stipulated in the general conditions of the contract, if the contractor is in default.

Once this Annual maintenance contract is signed, then contractor bearing the responsibility of AMC will undertake the maintenance/repairs/breakdown maintenance as and when required during the currency of the AMC.

In every quarterly visit the service engineer of the Contractor will carry out the detailed scheduled maintenance of the machine. He will also carry out the fitment of all the essential spares, during each quarterly visit. The contractor will not claim any additional charges toward fitment of the spares, expenses of service engineer e.g. loading, boarding, to and fro conveyance for the quarterly, additional and any emergency visit.

Railway will issue a certificate in terms of joint note as a token of satisfactory service given by the service engineer along with certificate of fitment of the essential spares. and issue consignee's certificate for Quarterly work done under AMC as per Annexure-B.

Railway will not be responsible for any fault in the machine arising out of the maintenance work or for any fault in the machine arising during AMC, for which contractor will not claim liability on Railway.

The contractor shall use only the original equipment manufacturer (OEM's) parts for replacement. All such material for replacement shall be approved by the representative of Sr.DME (D)/R prior to the replacement.

The service register shall be kept with the concerned section in charge of Wheel Shop shall be duly entered and signed by the service engineer for each visit for attending the machine during AMC, emergency calls, replacement of spares etc. as and when need arises. On arrival of service engineer/technician first of all they should make joint note. Joint note and the entries in service register shall be countersigned by the authorized representative of Railway.

The contractor should take all care to avoid break down of machine. However, the machine should be repaired within stipulated period after reporting in case of breakdown.

Railway and service engineer of contractor will mutually decide the date of quarterly schedule maintenance work. Railway will give confirmation for availability of machine agreed dates.

Record of new supply of items for replacement must be maintained properly, supported by necessary challan and inspection details etc. released item against new supply should be returned to consignee for further disposal.

Permission for round the clock working with necessary handling facilities and machine operation will be required during scheduled maintenance mentioned Annexure-A.

Contractor's personnel will follow all security procedures as prescribed by railways for the entry of personnel(s) or bringing in or taking out the material(s) concerning this contract.

Payment: Normally quarterly payment under AMC will be made to the tenderer subject to submission of the following documents by the tenderer to the paying authority assigned by the consignee:

Consignee's certificate for work done as per Annexure B with calculation of down time and penalty applicable

A certificate by consignee that no spare part is due with the tenderer.

Taxes as applicable at the time will be recovered from the bill. The contractor's bill duly signed & dated by the contractor for each on account payment will be submitted to Sr.DME (D)/DLS/Raipur in triplicate along with relevant documents.

Contractor should submit the bills in GST format duly bi-furcating the work done and GST component.

Sr.DME (D)/DLS/Raipur will be Bill passing officer and Sr. DFM/Raipur will be Bill Paying officer.

All Statutory deductions as required in any Central or State Act and Rules shall be deducted/ paid from/to the contractor.

MODE OF PAYMENT:

Tenderer to give consent in a mandate form for receipt of payment through ECS/EFT.

Tenderer to provide the details of Bank A/c in line with RBI guidelines for the same. These details will include Bank Name, Branch Name & address, account type, Bank A/c No. and Bank & Branch Code as appearing on MICR cheque issued by bank.

Tenderer to attach certificate from their bank certifying the correctness of all above mentioned information (as mentioned in Para (ii) above).

In case of non-payment through ECS/EFT or where ECS/EFT facility is not available, Payment will be released through cheque.

Income Tax: In terms of Income tax act 1961, as amended from time to time, the Railway administration shall at the time of arranging payment to the contractor for carrying out the work under this contract is entitled to deduct income tax at prevailing rate. The Railway administration shall furnish a certificate to the extent of income tax deducted at source under this contract.

E-Way Bill: E-Way Bill generation shall be responsibility of the contractor. For generation of E-Way Bill, GST No. of the Consignee will be provided by Railway.

No cost addition or alteration in respect of materials, tools and transportation will be entertained during currency period of the contract. SVC will only be acceptable on Taxes, Duties etc which will be imposed by Central or State Govt. newly/any variation during the execution period of the contract on production of valid documentary evidence regarding the increase in existing or newly imposed by Central or State Govt.

Sr.DME (D)/Raipur reserves the right to reject/accept the whole or part of the offer or for the portion of the quantity indicated in the offer without assigning any reason there upon and vary the quantity of work up to +25% and the right to open negotiations and to call for revised offers or to alter or to modify any of the conditions or to incorporate any new conditions as found necessary till the contract is finally executed.

The submission of the tender will be deemed to imply that the memorandum and all documents enclosed have been studied and understood, that the tenderer is aware of the full scope of the work to be done and the conditions affecting the execution. In token of this, the tenderer he or his authorized representative signing the tender documents will be required to sign/initial or each and every page of the tender schedule at the bottom.

The contractor shall be responsible for the general conduct and discipline of his staff. Railway administration reserves its right to take necessary action as deemed fit in all cases of misconduct/indiscipline. Tenderer shall ensure good credential of staffs engaged for this work in shed. If any staff of the tenderer is found in misconduct/indiscipline/illegal activities, then he will be immediately removed from the work.

The contractor shall be liable to pay for direct losses, damages caused to the Railway Administration by him or his workmen knowingly or unknowingly while they are in Railway premises working or not working. The amount so recovered will be determined by Sr.DME (D)/DLS/Raipur.

Care of Staff: No quarters will be provided by the Railway for accommodation of the contractor or any of his staff employed on the work. The contractor shall not be allowed to erect any staff camps for housing the staff at or near the work on available Railway land. No passes or privilege tickets will be issued to the contractor or any of his staff by the administration.

The contract will remain in force for a period of 02 years from the commencement of the work. However, Railway Administration may terminate the agreement by giving to the contractor duly notice without assigning any reason thereof and in the event of breach of any condition therein, committed by the contractor in the event of any misconduct on the part of the contractor or his workman, it shall be lawful for the Railway Administration to terminate this agreement forthwith without any notice and to forfeit the whole or part of security deposit at his discretion without being liable to the contractor for any loss and damage whatsoever.

The contractor shall remain liable for theft of any Railway material by his staff and he must take necessary proceeding against each staff to prevent such occurrence and shall reimburse to administration for the loss suffered if any. In the event of this being reported cases, the contract shall be terminated by giving notice and the contractor shall be liable for the damage suffered by the administration.

Rate quoted in the tender shall be deemed to be inclusive of all taxes, royalties, payable by the contractor's to payment or local authority. No additional amount will be paid or claim entertained on this account by the Railway.

Safety Precautions: The contractor shall at all times adopt such safe methods of work as will ensure safety of structure, equipment and staff. The contractor shall provide all necessary personal safety gears such as hand gloves, apron, helmet, mask and safety shoes to all his staff. If at any time the Railway finds the safety arrangements are inadequate or unsafe, the contractor shall take immediate corrective action as directed by the Railway's representative at site. Any direction in the matter shall in no way absolve the contractor of his sole responsibility to adopt safe working methods. The Contractor should take utmost care to ensure that no damage to the locomotive/Railway property takes place due to any act of workmen, while carrying out the work under this Contract. It will be the responsibility of the contractor to ensure that all his workmen observe Industrial safety rules, procedures, methods, practices etc. The Railway Administration shall not be liable for any accident, injuries etc. to his workmen.

The contactor alone shall be responsible for any or all the losses of material or property of Railways or any third party resulting from/during execution of the work or any other activity undertaken by the contractor in execution of the contract for whatsoever reason.

The Contractor should complete whole of the work in all respects on or before the date fixed by the Railway or any authorized extension thereof. The Railway administration is entitled to recover penalty as stipulated in the general conditions of the contract, if the contractor is in default. It should be ensured that minimum inconvenience is caused to users while for executing the work. For this the work shall be programmed in such a way in consultation with the authorized representative of Sr.DME (D)/DLS/Raipur.

Power of Attorney : Authority of Signatory: Bid must be submitted by Tenderer along with valid documents in support of Authority of Signatory in favour of person who signed in tender document. Without valid documents in support of Authority of Signatory tender form may be rejected by Railway. Contractor on award of contract , shall submit "Power of Attorney" in favour of the person(s) authorized by the Board of Directors/Proprietor/Partener(s) of the firm and certified by the Notary public to execute and sign in agreement, legal and financial documents. Power of Attorney will be required to be vetted by Chief Law Inspector/SECR/Raipur for which the firm has to produce Money receipt from Divl. Pay Master/Raipur (or) any Station manager/Booking office/Parcel office of SEC Railway towards legal vetting charges, drawn in favor of FA & CAO, SEC Railway BSP under allocation No.Z-652. A fee per legal document, like partnership deed or power of attorney executed before or after the execution of the contract, will be recovered from the contractor for obtaining legal Advice from Law Officer.

The contractor shall not sublet or assign this contract or allow any person for any reason to become interested therein in any manner without the written permission of the Sr.DME (D)/DLS/Raipur. In the event of contractor subletting or assigning the contract or transaction, Railway administration shall be free to cancel the contract as per the General conditions of contract and also to recover payments of any loss or damage from such cancellations. The amount of which will be determined by the Sr.DME (D)/DLS/Raipur.

Trespass: The contractor shall all time be fully responsible for any damages of trespass committed by his agents or workmen in carrying out the work even if such trespass is unauthorized by the engineer.

Arrangements for permits and license: for arrangements for permits and license for materials, contractor will have to make his own arrangements. Also no import license shall be arranged by the Railway for this work. The contractor should make his own arrangements for the required vehicles, such as tractors, trailers, road lorries etc and other tools and plants etc for the expeditious progress of work at his own cost with men and consumable stores The contractor should bring the mater]al for the work, to work spot with proper RPF gate entry.

Damage to railway property or Life: The contractor shall be responsible for all risk to the works and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of the railway or the lives persons or property of the others from what so ever causing connection with the works. This is governed by General Conditions of Contract (GCC) for Works Tender April 2022 of Railway .

Procedure for settling of disputes with contractor: The provision of General Conditions of Contract (GCC) for Works Tender April 2022 of Railway of the contact will be applicable for settlement or claims or disputes between the contractor and Railway administration.

Statuary Variation Clause (SVC): SVC will be applicable. Any statuary variation in Taxes and Duties or any fresh Taxes and duties imposed by the Central or State Government during execution of contract will be paid by railway on submission of documentary evidence of such payment.

Goods and Service Tax (GST): All the bidders/tenderers should ensure that they are GST compliant and their quoted tax structure/rates are as per GST Law. GST will be reimbursed as applicable, on production of authentic documentary evidence. In case there is any further change in the GST tax structure till the date of completion of work or any error is noticed in the calculation of amount payable recoverable till the release of Final Bill amount to contractor, the same shall be paid by the Railways or recovered from the contractor's bills/security deposit or any other dues of contractor with the Govt. of India.

Right of Railway to determine the contract: As per General Conditions of Contract (GCC) for Works Tender April 2022 of Railway , the Railway shall be entitled to determine and terminate the contract at any time should, in the Railway's opinion, the cessation of work becomes necessary owing to paucity of funds or from any other cause whatever.

Errors and omissions and discrepancies:-The Tenderer shall not take any advantage of any misinterpretations of the conditions due to typing or any other error and if any contradiction, only the printed rules and books should be followed and no claims for the misinterpretation shall be entertained.

All decisions on behalf of Railway administration will be taken by Sr.DME (D)/Raipur, S.E.C. Railway and shall be final and binding on the contractor.

All other terms & conditions will be applicable as per General Conditions of Contract (GCC) for Works Tender April 2022 of Railway with latest amendments.

For Scope of work & other details please refer Tender Document attached below.