Associate Signaling work for Yard improvement - Katihar yard

The tenderer must have minimum average annual contractual turnover of V/N or 'V' whichever is less; where V= Advertised value of the tender in crores of Rupees N= Number of years prescribed for completion of work for which bids have been invited. The average annual contractual turnover shall be calculated as an average of "total contractual payments" in the previous three financial years, as per the audited balance sheet. However, in case balance sheet of the previous year is yet to be prepared/ audited, the audited balance sheet of the fourth previous year shall be considered for calculating average annual contractual turnover. The tenderers shall submit requisite information as per Annexure-VIB, along with copies of Audited Balance Sheets duly certified by the Chartered Accountant/ Certificate from Chartered Accountant duly supported by Audited Balance Sheet

The tenderer must have successfully completed or substantially completed any one of the following categories of work(s) during last 07 (seven) years, ending last day of month previous to the one in which tender is invited: (i)Three similar works each costing not less than the amount equal to 30% of advertised value of the tender, or (ii)Two similar works each costing not less than the amount equal to 40% of advertised value of the tender, or (iii)One similar work costing not less than the amount equal to 60% of advertised value of the tender. Similar nature of work means: Any Kind of signaling works of indoor or outdoor with supply of signaling materials

The following documents should be specified for submission along with tender:

A. List of Personnel, Organization available on hand and proposed to be engaged for the subject work.

B. List of plant Machinery available on hand own and proposed to be inducted own hired to be given separately for the subject work.

C. List of Works completed in the last three financial years giving description of work, organization for whom executed, approximate value of contract at the time of award, date of award and date of scheduled completion of work, Date of actual start, actual completion and final value of contract should also be given.

D. List of works on hand indicating description of work, contract value, and approximate value of balance work yet to be done and date of award.

The tenderers whether sole proprietor , a limited company or a partnership firm he/they should submit authentic proof in terms of partnership deed, proprietorship documents etc. along with the tender. If he/they want to act through agent or individual partners should submit a power of attorney duly stamped and authenticated by Notary Public or by Magistrate in favour of specific person whether he/she/they are partners of the firm or any other person specifically authorizing him/her name to submit the tender, sign the agreement , receive money, witness measurements, sign measurement books , compromise, settie, relinquish any claims, preferred by firm and also sign No Claim Certificate and refer all or any disputes arbitration.

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.

Instructions and conditions to Tenderers :

The tenderer is advised to study the tender document in www.ireps.gov.in portal carefully.

These Conditions of tender shall be read in conjunction with General Condition of Contract /2022 corrected up to advance 1.1.1 correction slip subject to modification, additions or supersessions by Special Condition of Contract and Specification if any

General Condition of Contract and Specification 2022 for 1.1.2 material and works of the N.F. Railway can be seen at the office of DRM(S&T) KIR N.F.Railway.

JOINT VENTURE will only be permitted in the tender value of Rs.10 (Ten) crore and above.

Contractor has also to submit execution programme within 15 days of issue of Acceptance letter or at the time of signing CA whichever is earlier.

All documents being submitted by the Tenderer(s) alongwith their offer shall have to be self attested by the Tenderer.

The Earnest Money and tender documents cost in respect of e- tendering will be accepted through net banking on payment gate way only.

Fixed Deposit Receipt (FDR) will not be accepted as EMD for tender invited on IREPS (e-tender portal). Authority Railway Boards letter No. 2014/CE-I/WP/5 of 01.09.2016.

The Security Deposit shall be 5% of the contract value. The Bid Security submitted by the Contractor with his tender will be retained/encashed by the Railways as part of security for the due and faithful fulfilment of the contract by the Contractor. Provided further that, if Contractor submits the Cash or Term Deposit Receipt issued from a Scheduled commercial bank of India or irrevocable Bank Guarantee Bond from a Scheduled commercial bank of India, either towards the Full Security Depositor the Part Security Deposit equal to or more than Bid Security, the Railway shall return the Bid Security, to the 4.1.1 Contractor. Balance of Security Deposit may be deposited by the Contractor in cash or Term Deposit Receipt issued from Scheduled commercial bank of India or irrevocable Bank Guarantee bond issued from Scheduled commercial bank of India, or may be recovered at the rate of 6% of the bill amount till the full Security Deposit is recovered. Provided also that in case of defaulting Contractor, the Railway may retain any amount due for payment to the Contractor on the pending "on account bills" so that the amounts so retained (including amount guaranteed through Performance Guarantee) may not exceed 10% of the total value of the contract.

Bid Security/Earnest Money: All the tenderers / Contractors have to deposit full Earnest money as stipulated in the tender 4.1.2 document through net banking or payment gate way only. Note the following manual modes : FDR will not be accepted as EMD for tender invited on IREPS (e-tender portal).

Contractors are allowed to make payments against this tender towards earnest money only through online payment modes available on IREPS portal like net banking, debit card, credit card etc. Manual payments through Demand draft, Banker's cheque, Deposit receipts, FDR etc. are not allowed.

Every tenderer shall state in the tender his postal address fully and clearly. Any communication sent in time to the tenderer by post at the said address shall be deemed to have reached the tender duly and in time. Important documents shall be sent by Registered post.

The tenderer shall be required to submit the Bid Security with the tender for the due performance with the stipulation to keep the offer open till such date as specified in the tender, under the conditions of tender. The Bid Security shall be as under: For works estimated to cost up to 1 crore - 2% of the estimated cost of the work. For works estimated to cost more than 1 crore- 2 lakh plus ½% (half percent) of the excess of the estimated cost of work beyond 1 crore subject to a maximum of 1 crore. The Bid Security shall be rounded off to the nearest 100. This Bid Security shall be applicable for all modes of tendering

The earnest money will be returned to the unsuccessful tenderer(s) after finalizing the tender and to the successful tenderer after signing the contract agreement with the Railways. Till then Railway will not be liable to pay any kind of interest of the earnest money.

In terms of clause 16(4) of GCC 2022, The successful bidder shall have to submit a Performance Guarantee (PG) within 21 (Twenty one) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 21 (Twenty one) days and upto 60 days 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 12% per annum shall be charged for the delay beyond 21(Twenty one) days, i.e. from 22ndday after the date of issue of LOA. Further, if the 60thday happens to be a declared holiday in the concerned office of the Railway, submission of PG can be accepted on the next working day. In all other cases, if the Contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract is liable to be terminated. In case contract is terminated railway shall be entitled to forfeit Bid Security and other dues payable to the contractor against that particular contract, subject to maximum of PG amount. In case a tenderer has not submitted Bid Security on the strength of their registration as a Startup recognized by Department of Industrial Policy and Promotion (DIPP) under Ministry of Commerce and Industry, DIPP shall be informed to this effect. The failed Contractor shall be debarred from participating in re-tender for that work.

The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% of the original contract value:- (i) A deposit of Cash; (ii) Irrevocable Bank Guarantee; (iii) Insurance Surety Bond as per Annexure- XVII. (iv) Government Securities including State Loan Bonds at 5% below the market value; (v) Pay Orders and Demand Drafts tendered by any Scheduled Commercial Bank of India; (vi) GuaranteeBonds executed or Deposits Receipts tendered by any Scheduled Commercial Bank of India; (vii) Deposit in the Post Office Saving Bank; (viii) Deposit in the National Savings Certificates; (ix) Twelve years National Defence Certificates; (x) Ten years Defence Deposits; (xi)National Defence Bonds and (xii) Unit Trust Certificates at 5% below market value or at the face value whichever is less. Also, FDR in favour of FA&CAO (free from any encumbrance) may be accepted.

The Performance Guarantee shall be submitted by the successful bidder after the Letter of Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G. shall be initially valid upto the stipulated date of completion plus 8.1.1 60 days beyond that. In case, the time for completion of work gets extended, the Contractor shall get the validity of P.G. extended to cover such extended time for completion of work plus 60 days.

The value of PG to be submitted by the Contractor is based on 8.1.2 original contract value and shall not change due to subsequent variation(s) in the original contract value.

The Performance Guarantee (PG) shall be released after physical completion of the work based on 'Completion Certificate' issued by the competent authority stating that the Contractor has completed the work in all respects satisfactorily.. The security deposit, however, shall be returned to the 8.1.3 Contractor along with or after, the following: (a)Final Payment of the Contract and (b)Execution of Final Supplementary Agreement or Certification by Engineer that Railway has No Claim on Contractor and (c)Maintenance Certificate issued, in case applicable

Whenever the contract is rescinded, the Performance Guarantee already submitted for the contract shall be encashed. The Engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and/or without prejudice to any other provisions in the contract agreement) in the event of: (i)Failure by the Contractor to extend the validity of 8.1.4 the Performance Guarantee as described herein above, in which event the Engineer may claim the full amount of the Performance Guarantee. (ii)Failure by the Contractor to pay President of India any amount due, either as agreed by the Contractor or determined under any of the Clauses/Conditions of the Agreement, within 30 days of the service of notice to this effect by Engineer.

The Engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and/or without prejudice to any other provisions in the contract agreement) in the event of: (i)Failure by the Contractor to extend the validity of the Performance Guarantee as described herein above, in which 8.1.5 event the Engineer may claim the full amount of the Performance Guarantee. (ii)Failure by the Contractor to pay President of India any amount due, either as agreed by the Contractor or determined under any of the Clauses/Conditions of the Agreement, within 30 days of the service of notice to this effect by Engineer. (iii)The Contract being determined or rescinded under clause 62 of these conditions.

The Bank Guarantee (BGs) to be submitted by the successful 8.1.6 contractors should be sent directly to the concerned authorities by the issuing Bank under registered Post A.D.

PARTNERSHIP DEEDS, POWER OF ATTORNEY ETC.FOR PARTNER(S)/ AGENT(S).

The tenderer shall clearly specify whether the tender is submitted on his own (Proprietary Firm) or on behalf of a Partnership Firm / Company / Joint Venture (JV) / Registered Society / Registered Trust / Hindu Undivided Family (HUF) / Limited Liability Partnership (LLP) etc. The tenderer(s) shall enclose the attested copies of the constitution of their concern, and copy of PAN Card along with their tender. Tender Documents in such cases are to be signed by such persons as may be legally competent to sign them on behalf of the firm, company, association, trust or society, as the case may be.

The tenderer whether sole proprietor / a company or a partnership firm / joint venture (JV) / registered society / registered trust / HUF / LLP etc if they want to act through agent or individual partner(s), should submit along with the tender, a copy of power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person, specifically authorizing him/them to sign the tender, submit the tender and further to deal with the Tender/ Contract up to the stage of signing the agreement except in case where such 9.1.1 specific person is authorized for above purposes through a provision made in the partnership deed / Memorandum of Understanding / Article of Association/Board resolution, failing which tender shall be summarily rejected. A separate power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person, shall be submitted after award of work, specifically authorizing him/them to deal with all other contractual activities subsequent to signing of agreement, if required.

(a)Should a tenderer i)be a retired Engineer of the gazetted rank or any other gazetted officer working before his retirement, whether in the executive or administrative capacity or whether holding a pensionable post or not, in the Engineering or any other department of any of the railways owned and administered by the President of India for the time being, OR ii)being partnership firm / joint venture (JV) / registered society / registered trust etc have as one of its partners/members a retired Engineer of the gazetted rank or any other gazetted officer working before his retirement, OR iii)being an incorporated company have any such retired Engineer of the gazetted rank or any other gazetted officer working before his retirement as one of its directors AND in case where such Engineer or officer had not retired from government service at least 1 year prior to the date of submission of the tender THEN the tenderer will give full information as to the date of retirement of such Engineer or gazetted officer from the said service and as to whether permission for taking such contract, or if the Contractor be a partnership firm or an incorporated company, to become a partner or director as the case may be, has been obtained by the tenderer or the Engineer or officer, as the case may be from the President of India or any officer, duly authorized by him in this behalf, shall be clearly stated in writing at the time of submitting the tender. b)In case, upon successful award of contract, should a tenderer depute for execution of the 9.1.2 works under or to deal matters related with this contract, any retired Engineer of gazette rank or retired gazetted officer working before his retirement in the Engineering or any other department of any of the railways owned and administered by the President of India for the time being, and now in his employment, then the tenderer will ensure that retired Engineer or retired gazetted officer had retired from government service at least 1 year prior to the date of his employment with tenderer and in case he had retired from service within a year then he possesses the requisite permission from the President of India or any officer, duly authorized by him in this behalf, to get associated with the tenderer. c) Should a tenderer or Contractor being an individual, have member(s) of his family or in the case of partnership firm/ company / joint venture (JV) / registered society / registered trust etc. one or more of his partner(s)/shareholder(s) or member(s) of the family of partner(s)/shareholder(s) having share of more than 1%in the tendering entity employed in gazetted capacity in the Engineering or any other department of the railway, then the tenderer at the time of submission of tender, will inform the authority inviting tenders the details of such persons. Note: -If information as required as per 16.a), b), c) above has not been furnished, contract is liable to be dealt in accordance with provision of clause 62 of the Standard General Condition of contract.

Restrictions on the Employment of Retired Signal & Telecommunication Engineers of Railway Services within One Year of Their Retirement :

The Contractor shall not, if he is a retired Government Engineer of Gazetted rank, himself engage in or employ or associate a retired Government Engineer of Gazetted rank, who has not completed one year from the date of retirement, in connection with this contract in any manner whatsoever without obtaining prior permission of the President and if the Contractor is found to have contravened this provision it will constitute a breach of contract and administration will be entitled to terminate the contract and forfeit his Performance Guarantee as well as Security Deposit.