Execution of various miscellaneous works in Katosan Road – Ranuj Section.

Name of Work: - Execution of various miscellaneous works in Katosan Road – Ranuj

(PARTICIPATION THROUGH E-TENDER ONLY)

Visit: - https://tender.nprocure.com

TENDER DOCUMENT

(NOT TRANSFERABLE)

Block No. 6,7th Floor, Udyog Bhavan,

Sector 11, Gandhinagar, Gujarat,

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

PART/CHAPTERS DESCRIPTION PAGE NO.

General Instructions to bidders for Online bidding

Chapter I Notice Inviting E-Tender

Chapter II General Information / Data sheet

Chapter III Preamble and General Instructions to Tenderers

Chapter IV General Conditions of Contract

Chapter V Special Conditions of Contract

PART - II Special conditions of contract (Safety Precautions)

PART - III Technical Specifications

Chapter I Milestones and Time Schedule

Chapter II Tender Forms (including Schedule of Prices)

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

Instructions to bidders for online bidding

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

Instructions to bidders for online bidding

• To participate in the submission of Bids against the bidding process, it is mandatory for the Bidders to

get themselves registered with the https://tender.nprocure.com and to have user ID & password which

has to be obtained by submitting an annual registration charges.

• If the Bidder has already registered with https://tender.nprocure.com and validity of Registration has

not expired, then such Bidder does not require fresh registration.

• It is mandatory for all Bidders to have Class-III digital signature certificate (in the name of person who

will sign the Bid) (with both Signing and Encryption Certificate) from any of the licensed certifying

agency (“CAs”) {Bidders can see the list of licensed CAs from the link for the link www.cca.gov.in} to

participate in e tendering i.e. submission of bid.

• Tender documents can be downloaded from the website https://tender.nprocure.com. Physical sending

of tender documents at BRCL will not be done.

Note 1:- It is advised that all the documents to be submitted (See section 2 & 3 of tender document)

are kept scanned and converted to PDF format in a separate folder on your computer before

starting online submission.

Note 2:- While uploading the documents it should be ensured that the file name should be the

name of the document itself.

1. BRCL has decided to use the process of E- Tendering for inviting this tender and thus the

physical copy of the tender documents would not be sold/ accepted.

i) Amendments, if any, to the tender document will be notified in the above website as and when such

amendments are to be notified. It is the responsibility of the Bidder who has downloaded the tender

documents from the website to keep themselves abreast of such amendments and attach all the

addendum/addenda/corrigendum/corrigenda (if any) duly signed along with the submission of the tender

ii) To participate in the E-bid submission, it is mandatory for the Bidders to get themselves registered

with www.nrpocure.com or https://tender.nprocure.com and to have User ID and Password.

2. Bank Account Details of BRCL

Name Bahucharaji Rail Corporation Limited

Bank account number

IFSC code UBIN0905836

Bank Name Union Bank of India

Bank Branch Gandhinagar – Udhyog Bhavan

GST No. 24AAICB1831D1Z8

3. DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND

QUALIFICATION AS PER BID: -

The bidder shall furnish, as part of his bid document establishing the bidders’ eligibility. All these

documents should be numbered and should be signed by bidder on each page.

3.1. Tender fee & EMD has to be deposited through dem and dra ft only. The tender processing

fees as per applicable rate payable through the demand draft is Nonrefundable. Payments

against this tender towards tender document cost and earnest money are to be done before the

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

schedule date & time of submission of the tender otherwise the Bid will not be considered.

3.2. Tender documents (s) in original, duly filled in should be signed by bidder or his Authorize

representative along with seal on each page. All corrections and overwriting must be initialed

with date by the bidder or his authorized representative.

3.3. Copy of PAN card.

3.4. The authenticated copy of registered partnership deed and registration of the firm from

registrar of firm in case of partnership firm.

3.5. In case of proprietorship, firm bidder will submit an affidavit, attested by Notary Public

that “I am a sole proprietor of the firm” in case of proprietorship firm on Non judicial stamp

3.6. Bidder’s profile duly filled in, as per tender document.

3.7. Power of Attorney for signing the Application. If applicable, the Power of Attorney for

Lead Member of JV;

3.8. Article of association and memorandum in case of private/public limited company.

3.9. Copy of E.P.F. registration. (optional)

3.10. Copy of ESI Certificate. (optional)

3.11. Copy of GST registration no.

3.12. Certificate for non near relative in BRCL.

3.13. Memorandum of Understanding (in case of JV) as per Form-9 (Part-IV, Chapter- II of

Note: - (i) Any discrepancy found in the downloaded tender document submitted by the bidder

compared to uploaded tender document, the tender document uploaded by the BRCL will

be treated as valid and any changes (found in the tender document submitted by the bidder)

at any stage, will be treated as fraud done to the BRCL, and will be liable to cancellation

of agreement done (if any) & appropriate action will be taken against the bidder.

(ii) While submitting the Tender ‘On Line’ the Tenderer shall read the terms & conditions

and accept the same in order to proceed further to submit their Tender.

4.0 The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously

1. Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first

tender submission deadline on Nprocure website.

2. Register your organization on Nprocure website well in advance of your first tender

submission deadline on Nprocure website.

3. Get your organization’s concerned executives trained on Nprocure website using online

training module well in advance of your tender submission deadline on Nprocure website.

4. Submit your bids well in advance of tender submission deadline on Nprocure website

(BRCL should not be responsible for any problem arising out of internet connectivity

5.0 Modification / Withdrawal of bids:

(i) The Bidder may modify/ withdraw its e- bid after submission prior to the Bid Due Date &

time. No Bid shall be modified / withdrawn by the Applicant on or after the Bid Due Date

(ii) Any alteration/ modification in the Bid or additional information supplied subsequent to

the Bid Due Date, unless the same has been expressly sought for by the Authority, shall

be disregarded.

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

(iii) For modification of e-bid, applicant has to detach its old bid from e-tendering portal and

upload / resubmit digitally signed modified bid.

(iv) For withdrawal of bid, applicant has to click on withdrawal icon at e-tendering portal and

can withdraw its e-bid.

6. Method for submission of bid documents

In this TENDER, the Bidder has to participate in e-Tendering online. Tender fee & EMD has to

be deposited through demand draft only.

Note: The Bidder has to upload the Scanned copy of all above said documents during

Online Bid submission also.

Other instructions

a) It is recommended that the Tenderer/vendor should visit the (https://tender.nprocure.com.),

peruse the information provided under the relevant links and login to it and upload documents

b) BRCL reserves right to cancel the tender before submission / opening of tender, postpone the

tender submission / opening date and to accept / reject any or all tenders assigning any reason

thereof. BRCL's assessment of suitability as per eligibility criteria shall be final and binding.

c) Information as required as per various Forms/Annexures to tender document should be

submitted by the tenderers without fail strictly as per formats.

Important Note: It is strongly recommended that all authorized users of Supplier organizations

should thoroughly peruse the information provided under the relevant links, and

take appropriate action.

11. OPENING AND EVALUATION OF BIDS:

i. Opening of Bids will be done through an online process.

ii. For participating in the tender, the authorized signatory holding Power of Attorney shall be the

Digital Signatory. In case the authorized signatory holding Power of Attorney and Digital

Signatory are not the same, the bid shall be considered non- responsive.

The BRCL Authority shall open bid documents received in electronic form at the scheduled

date and time of opening of tender. The BRCL Authority will subsequently examine and

evaluate the Bids in accordance with the provisions set out in the BID DOCUMENTS.

12. ONLINE E-BIDDING METHODOLOGY:

Online E- Bid System – Financial bids & Technical bids shall be submitted by the bidder

at the same time. The Technical Bid & Financial bid will be opened at the time and date

notified in the tender notice.

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

NOTICE INVITING

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

(G-RIDE, GIDC અને MSIL નુું સુંયક

Bahucharaji Rail Corporation Limited.

(A JV of G-RIDE, GIDC & MSIL)

NOTICE INVITING TENDER (NIT)

Chief Executive Officer on behalf of BRCL invites e-tenders on single packet system on prescribed

forms from firms/Companies/Joint Ventures having requisite experience and financial capacity for

execution of the following work: -

1 E-Tender No. BRCL/Transaction Advisor/ Miscellaneous Civil Works/2026-

2 Name of Work Execution of various miscellaneous works in Katosan Road –

3 Estimated Cost of Work Rs. 1,93,85,337.81 /- (Rs. One Crore Ninety-Three Lacs

Eighty-Five Thousand Three Hundred Thirty-Seven and

Eighty-One paisa only)

4 Completion Period 03 (Three) months

5 Type of BID Open E-Tender single Packet

6 Tender Fee Rs. 11800/- (10,000 + 18% GST)

Rs. 10,000/- (Rs. Ten Thousand only) + 18 % GST 11,800/- to

be paid through in form of Demand Draft payable in favor of "

Bahucharaji Rail Corporation Limited”

7 Earnest Money Rs. 2,47,000/- to be paid online through in form of Demand Draft

payable in favor of “ Bahucharaji Rail Corporation Limited”

8 Online Bidding Start Date 10:00 Hrs. of 11.08.2026 on https://tender.nprocure.com

9 Last date & time of online 12:00 Hrs. of 24.08.2026 on https://tender.nprocure.com

10 Physical Submission of 18:00 Hrs. of 24.08.2026 on https://tender.nprocure.com

documents Date and Time

11 Date and time of Online opening of 11.30 Hrs. of 25.08.2026 on https://tender.nprocure.com

12 Validity of offer 120 Days from the date of opening of tender.

13 Security Deposit 5% of Contract value

14 Performance Bank Guarantee Performance Guarantee (PG) have to be submitted within 30 (Thirty)

days from the date of issue of Letter of Acceptance (LOA),

amounting to Five percent (5%) of the contract value in the form as

given in clause 16.4 of GCC.

15 Address of Office of the Chief Executive Officer, Bahucharaji Rail Corporation

Communication Limited Block no 6, 7th Floor, Udhyog Bhavan, Sector

Gnadhinagar-382017, Gujarat Tel: 079-23232728, Website:

www.gride.org.in

16 Help Desk for E-Tendering For any clarification, help and registration for E-Tendering & matter

relating to Digital Signature, contact at Help desk of

https://tender.nprocure.com.

17 Availability of Tender Documents The Tender documents can be downloaded from

https://tender.nprocure.com Tenderer who wishes to view free

Notification and Tender Documents can visit

https://tender.nprocure.com. BRCL may issue Addendum

(s)/Corrigendum (s) to the Tender document, if any, placed on the

website https://tender.nprocure.com only.

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

Note-1. Tender documents should be downloaded from the website address https://tender.nprocure.comin.

Payment of Tender Document fee & EMD, in respect of e-tendering, should accept through demand

draft (DD) only. Any tender received without EMD or cost of tender documents in the form as specified

in the tender documents shall not be considered and shall be summarily rejected.

2. Eligibility shall be assessed on applicants, fulfilling the technical capability and competence as well as

for financial and organizational resources as specified in clause no. 1.3.13 (i) A & B and Clause 1.3.13

(ii) of Preamble & General Instruction to tenders (Part - I, Chapter III).

3. The Offer shall be valid for 120 days from the date of opening of the tender, and extended further if

required from time to time. The Contractor cannot withdraw their offer within the period of

validity/extended validity The EMD of such tenderers shall be forfeited.

4. Notice Inviting Tender (NIT), Tender Document and Corrigendum/Addendum if any, will be posted on

the E Tendering website https://tender.nprocure.com. Tenderers are advised to complete all submission

related work well before Time and Date for Submission of Tender Online. Any request for modification

in the time/date of submission of tender due to tenderer’s failure to submit his offer will not be accepted

No request for extension of the Tender Due Date shall be considered.

5. The tender documents shall be submitted in online mode only through website

https://tender.nprocure.com in single e-Packets only. Detailed credential as per the requirement of

eligibility criteria and all tender papers except Bill of Quantities are to be submitted in technical bid.

Summary of Prices (Form No. 3) with % age above or below or at par on the amount of schedules "A”

duly filled in along with Schedule of Prices (Form - 4) are to be submit online mode only in “Financial

6. The rates must be filled after downloading the financial bid document in the prescribed format from the

website https://tender.nprocure.com. The financial bid should be downloaded & then filled up, saved and

uploaded on the E-tendering website using digital signature for signing the document.

7. No tender document will be available offline. Downloading tender documents online and submission of

tender online is mandatory for this tender.

8. Any further addendum/Corrigendum for this tender will be posted in BRCL tendering portal website

https://https://tender.nprocure.com only. Interested bidders are advised to check website regularly for any

Addendum/ Corrigendum.

9. BRCL reserves right to cancel the tender before submission / opening of tender, postpone the tender

submission / opening date and to accept / reject any or all tenders without assigning any reason thereof.

BRCL's assessment of suitability as per eligibility criteria shall be final and binding.

10. BRCL reserves the right to pre-qualify the bidder(s) provisionally based on the documents submitted by

them and open financial bid(s), subject to their final verification. In the event of any document being found

false, the provisional qualification shall stand withdrawn, and the next lower bidder shall automatically

come to the position of such disqualified bidder. Action against such disqualified tenderers shall be taken

as per above Clause No. 9 of Notice Inviting Tender.

11. Information as required as per various Forms to tender document should be submitted by the tenderers

without fail strictly as per formats.

Chief Executive Officer

BRCL, Gandhinagar

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

GENERAL INFORMATION

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

GENERAL INFORMATION/DATA SHEET

1 E-Tender No. BRCL/Transaction Advisor/ Miscellaneous Civil Works/2025-

2 Name of Work Execution of various miscellaneous works in Katosan Road –

3 Estimated Cost of Work Rs. 1,93,85,337.81 /- (Rs. One Crore Ninety-Three Lacs

Eighty-Five Thousand Three Hundred Thirty-Seven and

Eighty-One paisa only)

4 Completion Period 03 (Three) months

5 Type of BID Open E-Tender single Packet

6 Tender Fee Rs. 11800/- (10,000 + 18% GST)

Rs. 10,000/- (Rs. Ten Thousand only) + 18 % GST

11,800/- to be paid through in form of Demand Draft

payable in favor of " Bahucharaji Rail Corporation

7 Earnest Money Rs. 2,47,000/- to be paid through in form of Demand

Draft payable in favor of " Bahucharaji Rail Corporation

8 Online Bidding Start Date 10:00 Hrs. of 11.08.2026 on https://tender.nprocure.com

9 Last date & time of online 12:00 Hrs. of 24.08.2026 on https://tender.nprocure.com

10 Physical Submission of documents 18:00 Hrs. of 24.08.2026 on https://tender.nprocure.com

11 Date and time of Online 11.30 Hrs. of 25.08.2026 on https://tender.nprocure.com

12 Validity of offer 120 Days from the date of opening of tender.

13 Security Deposit 5% of Contract value

14 Performance Bank Guarantee Performance Guarantee (PG) have to be submitted within

30 (Thirty) days from the date of issue of Letter of

Acceptance (LOA), amounting to Five percent (5%) of the

contract value in the form as given in clause 16.4 of GCC.

15 Address of Office of the Chief Executive Officer, Bahucharaji Rail

Communication Corporation Limited Block no 6, 7th Floor, Udhyog Bhavan,

Sector 11, Gnadhinagar-382017, Gujarat Tel: 079-

23232728, Website: www.gride.org.in

16 Help Desk for E-Tendering For any clarification, help and registration for E-Tendering &

matter relating to Digital Signature, contact at Help desk of

https://tender.nprocure.com.

17 Availability of Tender The Tender documents can be downloaded from

Documents https://tender.nprocure.com Tenderer who wishes to view free

Notification and Tender Documents can visit

https://tender.nprocure.com. BRCL may issue Addendum

(s)/Corrigendum (s) to the Tender document, if any, placed on

the website https://tender.nprocure.com only.

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

PREAMBLE & GENERAL

INSTRUCTION TO TENDERERS

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

PREAMBLE &GENERAL INSTRUCTIONS TO TENDERERS

1.3.1 Introduction

Bahucharaji Rail Corporation Limited (BRCL) is the project SPV for the Project Katosan

Road- Becharaji- Ranuj Rail Connectivity.

(ii) Gauge Conversion Katosan Road to Becharaji with new BG MSIL siding

Gauge Conversion of Katosan Road - Bechraji – Chanasma - Ranuj Railway Line

Project has been by Railway Board vide letter no.2019/JV Cell/SPV/Revised Estimate-

Katosan dated 01.11.2019.

The project have been sanctioned in Pink Book in two parts, i.e. Katosan Road – Ranuj

Gauge Conversion project vide PB item No. 20 in 2017-18 and Ranuj Chanasma GC

project vide PB No. 21 in 2017-18. Currently the entire project is being executed by

Gujarat Rail Infrastructure Development Corporation Limited (G-RIDE- A Joint

Venture between Ministry of Railways and Government of Gujarat) on behalf of

Project SPV-Bahuchraji Rail Corporation Ltd (BRCL). The total approved project cost

is INR 786.22 Crore with equity participation from G-RIDE, Gujarat Industrial

Development Corporation (GIDC) in the project SPV- BRCL.

In Bechraji, there is famous “Bahuchar Mata” temple which is an important pilgrim

centre wherein lot of pilgrims visit every year from various parts of country particularly

from Gandhinagar, Saurashtra, and Mumbai. After gauge conversion of Katosan Road

– Bechraji - Ranuj, Bahuchar Mata Temple plant will be connected through BG route

with rest of the country.

Name of Work: - Execution of various miscellaneous works in Katosan Road – Ranuj

(iii) Scope of Work

On behalf of CEO- BRCL, Office of the Chief Executive Officer, Bahucharaji Rail

Corporation Limited, Block no 6, 7th Floor, Udhyog Bhavan, Sector 11, Gnadhinagar-

382017, Gujarat, herein after referred to as 'BRCL' is inviting e-tenders from Firms/

Companies/Joint Ventures having requisite experience and financial capacity for

execution of the following work: “ Execution of Miscellaneous civil works in Katosan Road-

Becharaji-Ranuj section & other ancillaries associated works.”

(iv) Scope of work is as per the requirements given in the bid document but not limited to.

Cost of the work: The estimated cost of the tendered work is approximately

Rs. 1,93,85,337.81 /- (Including GST)

(v) The tenderer shall be governed by General Conditions of Contract (GCC),

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

Preamble and General Instructions to Tenderers (ITT) and Special Conditions of

Contract (SCC). Wherever, there is a conflict in any condition between GCC and

Special Conditions of Contract mentioned in the tender documents, the condition

mentioned in Special Conditions of Contract will prevail. However, Engineer's decision

in this connection shall be final and binding.

Part I, Chapter-IV and V of the tender document contains General Conditions of

Contract and Special Conditions of Contract specific to this work and shall be

applicable in the contract.

Works are to be executed in the jurisdiction of Chief Executive Officer BRCL. However,

BRCL reserves right to change the site of work anywhere in adjacent / adjoining area of

the work defined in Para 1.3.1 (iii) above in the jurisdiction and the contractor shall be

bound to execute the work without any extra cost.

1.3.2(a) Tender Bid

The Tender Bid shall be submitted through online only on website

https://tender.nprocure.com as under: -

The detailed procedure for tender opening and processing is given in Para 1.3.5.

1.3.2(b) Form of Tender

" The Tender documents shall be in single packets:-

Detailed credentials as per the requirement of eligibility criteria and all tender papers

including Summary of Prices and Schedule of Prices are to be submitted in

"TECHNICAL BID”. Summary of Prices and Schedule of Prices with percentage above

/below / at par duly filled in are to be submitted in “FINANCIAL BID”.

Any tender received later than the time and date of submission of tenders shall be

Tenders not submitted in the proper Forms are liable to be rejected.

(i) Documents to be enclosed with the BID -

S. No Description Documents

(1) Offer letter complete. Form No.1

(2) Tenderer's credentials in accordance Form No. 2A,2B &2C

With para 1.3.13 (i), (ii) & (iii) of Preamble

and General Instructions to Tenderers.

(3) certificates for authenticity of documents Form No.

(4) Earnest money in accordance with Para 1.3.8 and Cost of Tender

Document in case of downloaded tenders in accordance with Para1.3.4.3

of Preamble and General Instructions to Tenderers in an envelope.

(5) Written confirmation authorizing the signatory of the tender to commit

the tenderer and other documents as per format as applicable, in

accordance with para 1.3.6 of Preamble and General Instructions to

(6) Tenderers.of Prices, Schedule of

Summary Form No. 3 & 4 Financial

Prices & Total Prices schedule on

https://tender.nprocure.com

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

1.3.3 Tender Document

This tender document consists of following four parts along with Instructions to bidders

for online bidding:

CHAPTERS DESCRIPTION

Instructions to bidders for online bidding

Chapter I Notice Inviting Tender

Chapter II General Information / Data sheet

Chapter III Preamble and General Instructions to Tenderers

Chapter IV General Conditions of Contract

Chapter V Special Conditions of Contract

PART – II Technical Conditions

PART – III Technical Specifications

Chapter I Mile Stones and Time Schedule

Chapter II Tender Forms (including Schedule of Prices)

1.3.4 Sale and Submission of Tender Document

1.3.4.1 Tender document can be viewed from BRCL's website www.gride.com,

https://tender.nprocure.com. Amendment(s) (if any) will be uploaded on BRCL website

www.gride.com and https://tender.nprocure.com only. For submitting the tender, the

Tender documents and amendment(s) can be downloaded from the

https://tender.nprocure.com by the registered tenderers only.

1.3.4.2 Clause applicable for tender documents downloaded from Internet

Tenderer/s is free to download tender documents at their own cost, for the purpose of

perusal as well as for using the same as tender document for submitting their offer.

Master copy of the tender document will be available in the Office of the Chief

Executive Officer, Bahucharaji Rail Corporation Limited, Block no 6, 7th Floor,

Udhyog Bhavan, Sector 11, Gnadhinagar-382017, Gujarat. After award of the work, an

agreement will be drawn up. The agreement shall be prepared based on the master

copy available in the Office of the Chief Executive Officer, Bahucharaji Rail

Corporation Limited, Block no 6, 7th Floor, Udhyog Bhavan, Sector 11, Gnadhinagar-

382017, Gujarat India and not based on the tender documents submitted by the

Tenderer. In case of any discrepancy between the tender documents downloaded from

the internet and the master copy, later shall prevail and will be binding on the

Tenderers. No claim on this account shall be entertained.

1.3.4.3 Cost of Tender documents downloaded from internet

For submitting the tender, the Tender documents and Amendment(s), if any, is/are

available on https://tender.nprocure.com and the same can be downloaded and used as

tender documents for submitting the offer. The cost of the tender document is indicated

in NIT. The cost of the tender document shall be deposited through demand draft only.

In case, the cost of the tender document as detailed above is not deposited, tender will

be summarily rejected.

1.3.4.4 Complete tender documents must be submitted online duly completed all respect upto the

scheduled date and time mentioned in the Notice Inviting E- Tender.

1.3.4.5 Deleted

1.3.4.6 Deleted

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

1.3.4.7 Each page of the tender papers is to be digitally signed by the tenderers or such

person/s on his/their behalf that is/are legally authorized to sign for him / them.

1.3.4.8 Care in Submission of Tenders –

(i) Before submitting a tender, the tenderer will be deemed to have satisfied himself by

actual inspection of the site and locality of the works, that all conditions liable to be

encountered during the execution of the works are taken into account and that the quoted

rates by tenderer in tender forms are adequate and all- inclusive in item of Taxes,

Duties & Levies etc. in terms of General/Special Conditions of Contract for the

completion of works to the entire satisfaction of the Employer.

(ii) Tenderers will examine the various provisions of the Central Goods and Services Tax

Act, 2017(CGST)/Integrated Goods and Services Tax Act, 2017(IGST)/Union Territory

Goods and Services Tax Act, 2017(UTGST)/respective state’s State Goods and Services

Tax Act (SGST) also, as notified by Central/State Govt & as amended from time to time

and applicable taxes before bidding. Tenders will ensure that full benefit of Input Tax

(ITC) likely to be availed by them is duly considered while quoting rates.

(iii) The successful tenderer who is liable to be registered under CGST/IGST/UTGST/SGST

Act shall submit GSTIN along with other details required under

CGST/IGST/UTGST/SGST Act to BRCL immediately after the award of contract,

without which no payment shall be released to the contractor. The contractor shall be

responsible for deposition of applicable GST to the concerned authority.

1.3.4.9 Tenders containing erasures and/or alteration of the tender documents are liable to be

rejected. Any correction made by Tenderer(s) in his/their entries must be attested by

1.3.4.9.1 All communication between the Employer and the tenderer shall be in writing. For the

purposes of seeking clarification, the Employer's address is:

CEO- BRCL, Office of the Chief Executive Officer, Bahucharaji Rail Corporation

Limited, Block no 6, 7th Floor, Udhyog Bhavan, Sector 11, Gnadhinagar-382017,

Gujarat, India Telephone: 079-23232728. Electronic mail address:

[email protected]

1.3.4.10 Conditional tenders are liable to be rejected straightway. BRCL reserves the right to reject

such tenders summarily without assigning any reasons whatsoever. In case tenderer/s still

decides to have conditional offer, all such conditions are required to be listed separately

and shall be supplemented by the details of exact financial implications, if applicable.

BRCL will not take cognizance of any other conditions / variations from the tender

stipulations mentioned at any other place in the tender documents.

1.3.4.11 The bidder shall submit only one bid in the capacity of an individual or sole proprietor,

partnership firm or company. Violation of this condition is liable to disqualify the tender

in which bidder has participated and EMD of all such tenderers shall stand forfeited.

1.3.4.12 Withdrawal of Tender: No tender can be withdrawn after scheduled date and time of

submission and during tender validity period.

1.3.5 Opening of Tender:

(a) Tender will be opened at the scheduled date and time mentioned in the Para 1.1.1 of

Notice Inviting E-Tender.

(b) After the opening of “TECHNICAL & FINANCIAL BID” of all the tenderers, these bids

shall be scrutinized and analysed. If found necessary by the Employer, the tenderers shall

be asked to furnish clarifications and the Employer may also hold discussions with the

tenderers after giving due notice. The names of the tenderers whose bids are considered

complete and meet eligibility criteria shall be short listed.

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

(c) The earnest money of non-qualifying tenderers will be returned back within a

reasonable period.

1.3.6 Constitution of the Firm: -

1.3.6.1 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 / HUF 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.

1.3.6.2 The tenderer shall give full details of the constitution of the Firm /JV/Company and shall

also submit following documents (as applicable), in addition to documents mentioned

(a) Sole Proprietorship Firm:-

(i) An undertaking that he is not blacklisted or debarred by Railways or any other Ministry

/ Department of Govt. of India from participation in tender on the date of opening of

bids, either in individual capacity or as a member of the partnership firm or JV in which

he was / is a partner/member. Concealment / wrong information in regard to above

shall make the contract liable for determination under Clause 62 of the General

Conditions of Contract.

(i) A copy of notarized affidavit on Stamp Paper declaring that he who is submitting on

behalf of HUF is in the position of ‘Karta’ of Hindu Undivided Family (HUF) and

he has the authority, power and consent given by other members to act on behalf of

(ii) An undertaking that the HUF is not blacklisted or debarred by Railways or any other

Ministry / Department of Govt. of India from participation in tender on the date of

opening of bids, either in individual capacity or as a member of the partnership firm

or JV in which HUF was/is a partner/member. Concealment/wrong information in

regard to above shall make the contract liable for determination under Clause 62 of

the General Conditions of Contract.

(c) Partnership Firm:-

The tenderer shall submit documents as mentioned in clause 1.3.34 of the

Preamble & general instructions to Tenderers.

(d) Joint Venture (JV): Not Eligible

(e) Company registered under Companies Act 2013:

(i) The copies of M O A (Memorandum of Association) / AOA ( Articles o f

Association) of the company.

(ii) A copy of Certificate of Incorporation.

(iii) A copy of Authorization/Power of Attorney issued by the Company (backed by the

resolution of Board of Directors) in favour of the individual to sign the tender on

behalf of the company and create liability against the company.

(iv) An undertaking that the Company is not blacklisted or debarred by Railways or

any other Ministry / Department of Govt. of India from participation in tender on the

date of opening of bids, either in individual capacity or as a member of the

partnership firm or JV in which the Company was / is a partner/member.

Concealment / wrong information in regard to above shall make the contract

liable for determination under Clause 62 of the General Conditions of Contract.

(f) LLP (Limited Liability Partnership):

If the tender is submitted on behalf of a LLP registered under LLP Act-2008,

the tenderer shall submit along with the tender:-

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

(i) A copy of LLP Agreement.

(ii) A copy of Certificate of Incorporation.

(iii) A copy of Power of Attorney/Authorization issued by the LLP in favour of the

individual to sign the tender on behalf of the LLP and create liability against the

(iv) An undertaking that the LLP is not blacklisted or debarred by Railways or any other

Ministry / Department of Govt. of India from participation in tender on the date of

opening of bids, either in individual capacity or as a member of JV in which the LLP

was / is a member. Concealment / wrong information in regard to above shall make

the contract liable for determination under Clause 62 of the General Conditions of

(g) Registered Society & Registered Trust: The tenderer shall submit:

(i) A copy of the Certificate of Registration.

(ii) A copy of Deed of Formation.

(iii) A copy of Power of Attorney in favour of the individual to sign the tender

documents and create liability against the Society/Trust.

(h) If it is NOT mentioned in the submitted tender that tender is being submitted on

behalf of a Sole Proprietorship firm / Partnership firm / Joint Venture / Registered

Company etc., then the tender shall be treated as having been submitted by the

individual who has signed the tender.

(i) After opening of the tender, any document pertaining to the constitution of Sole

Proprietorship Firm / Partnership Firm / Registered Company/ Registered Trust /

Registered Society / HUF etc. shall be neither asked nor considered, if submitted. Further,

no suo moto cognizance of any document available in public domain (i.e., on internet

etc.) or in Railway’s record/office files etc. will be taken for consideration of the tender,

if no such mention is available in tender offer submitted.

(j) A tender from JV / Partnership firm etc. shall be considered only where permissible as

per the tender conditions.

(k) The Railway will not be bound by any change in the composition of the firm made

subsequent to the submission of tender. Railway may, however, recognize such power of

attorney and changes after obtaining proper legal advice, the cost of which will be

chargeable to the Contractor.

(l) The tenderer whether sole proprietor / a company or a partnership firm / joint venture

(JV) / registered society / registered trust / HUF 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 submit the tender, sign the agreement, receive money, co-

ordinate measurements through contractor’s authorized engineer, witness measurements,

sign measurement books, compromise, settle, relinquish any claim(s) preferred by the

firm and sign "No Claim Certificate" and refer all or any disputes to arbitration. The

above power of attorney shall be submitted even if such specific person is authorized for

above purposes through partnership deed / Memorandum of Understanding / Article of

Association or such other document, failing which tender is liable to be rejected.

1.3.6.3 If it is mentioned in the tender submission that it is being submitted on behalf of / by

a sole Proprietorship Firm / Partnership Firm / Joint venture/registered Company etc. but

above-mentioned documents (as applicable) are not enclosed along with tender, the

tender shall be summarily rejected.

If it is NOT mentioned in the tender submission that it is being submitted on behalf

of / by a Sole Proprietorship Firm / Partnership Firm / Joint Venture /Registered

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

company etc., then the tender shall be treated as having been submitted by the

individual who has signed the tender.

After opening of the tender, any document pertaining to the constitution of the Firm/

Joint Venture shall neither be asked nor be entertained / considered by BRCL.

1.3.6.4 A tender from Joint Venture/Partnership Firm etc. shall be considered only where

permissible as per the tender conditions.

1.3.6.5 The BRCL will not be bound by any power of attorney granted by the tenderer or by

changes in the composition of the Firm made subsequent to the submission of tender.

It may, however, recognize such power of attorney and changes after obtaining

proper legal advice.

1.3.7 Validity of Tender:-

Bidder shall keep his offer open as mentioned in the Tender Notice.

1.3.8 Earnest Money:-

For the subject tender, the Earnest Money deposit shall be Rs. 2,07,700/- and shall be

governed below. In case the Earnest Money Deposit for the tender is applicable, the

below instructions shall be applicable

(a) The tenderer shall be required to deposit earnest money 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 earnest money shall be as under: Value of the

Work Earnest Money Deposit (EMD)

For works estimated to cost up 2% of the estimated cost of the work

For works estimated to cost Rs. 2 lakh plus ½% (half percent) of the

more than Rs. 1 crore excess of the estimated cost of work beyond

Rs. 1 crore subject to a maximum of Rs.

(a) The earnest money shall be rounded off to the nearest Rs. 100. This earnest money shall

be applicable for all modes of tendering.

(b) It shall be understood that the tender documents have been issued to the tenderer and

the tenderer is permitted to tender in consideration of stipulation on his part, that after

submitting his tender he will not resile from his offer or modify the terms and conditions

thereof in a manner not acceptable to the Engineer. Should the tenderer fail to observe or

comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to

(c) If his tender is accepted this earnest money mentioned in sub clause (a) above will be

retained as part security for the due and faithful fulfillment of the contract in terms of

Clause 16 of the Standard General Conditions of Contract. The Earnest Money of other

Tenderers shall, save as herein before provided, be returned to them, but the BRCL shall

not be responsible for any loss or depreciation that may happen thereto while in their

possession, nor be liable to pay interest thereon.

(d) The Earnest Money shall be deposited through demand draft as mentioned in tender

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

(e) The tender must be accompanied by a sum of Rs. 2,07,700/- as Earnest Money deposited

through Demand Draft or as mentioned in tender documents, failing which the

tender shall not be considered.

(f) The Tenderer(s) shall keep the offer open for a minimum period of 120 days (in case

of two packet system of tendering 60 days) from the date of opening of the Tender. It is

understood that the tender documents have been issued to the Tenderer(s) and the

Tenderer(s), is / are permitted to tender in consideration of the stipulation on his / their

part that after submitting his / their tender subject to the period being extended further, if

required by mutual agreement from time to time, he will not resile from his offer or

modify the terms and conditions thereof in a manner not acceptable to the CEO,

BRCL, Should the Tenderer fail to observe or comply with the foregoing stipulation,

the amount deposited as Earnest Money for the due performance of the above stipulation,

shall be forfeited to the BRCL.

(g) If his tender is accepted the earnest money (If Applicable) mentioned in sub clause

above will be retained as part security for the due and faithful fulfillment of the contract

in terms of Clause 16 of the Standard General Conditions of Contract. The Earnest

Money of other Tenderers shall, save as herein before provided, be returned to them, but

the BRCL shall not be responsible for any loss or depreciation to the Earnest Money

that may happen thereto while in their possession, nor be liable to pay interest thereon.

(h) In case Contractor submits the Term Deposit Receipt/Bank Guarantee Bond towards

full Security Deposit, the BRCL shall return the Earnest Money so retained to the

1.3.9 Execution of Contract Agreement: -

The successful tenderer, whose tender has been accepted by the competent authority

of BRCL, will be informed by the BRCL though a Letter of Acceptance (LoA).

Letter of Acceptance after it is signed by the Contractor in token of his acceptance shall

constitute a legal and binding contract between BRCL and the contractor till such

time the contract agreement is signed.

The Tenderer whose tender is accepted shall be required to appear in person at the

office of CEO- BRCL, Office of the Chief Executive Officer, Bahucharaji Rail

Corporation Limited, Block no 6, 7th Floor, Udhyog Bhavan, Sector 11, Gnadhinagar-

382017, Gujarat, India or if a firm or corporation, a duly authorized representative shall

so appear and execute the contract agreement within 30 days after notice that the

contract has been awarded to him. Failure to do so shall constitute a breach of the

agreement affected by the acceptance of the tender in which case the full value of the

earnest money accompanying the tender shall stand forfeited without prejudice to any

other rights or remedies.

In the event of any tenderer whose tender is accepted refuses to execute the contract

agreement as here in before provided, BRCL may determine that such tenderer has

abandoned the contract and there upon his tender and acceptance there of shall be

treated as cancelled and BRCL shall be entitled to forfeit the full amount of the

1.3.10 Security Deposit on Acceptance of Tender:

The security deposit / rate of recovery / mode of recovery on acceptance of tender

shall be as per the Para 16(1) to 16(3) Of General Conditions of Contract (GCC).

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

1.3.11 Tenderer’s Address

The tenderer should state in the tender his postal address legibly and clearly.

Any communication sent in time, to the tenderer by post at his said address shall

be deemed to have reached the tenderer duly and in time. Important documents

should be sent by registered post.

1.3.12 Right of BRCL to Deal with Tenders

(a) The BRCL reserves the right of not to invite tenders for any of BRCL work or works

or to invite open or limited tenders and when tenders are called to accept a tender in

whole or in part or t o reject any tender or all tenders without assigning reasons for

any such action.

(b) The authority for the acceptance of the tender will rest with the BRCL. It shall

not be obligatory on the said authority to accept the lowest tender or any other

tender and no tenderer(s) shall demand any explanation for the cause of rejection

of his/their tender nor the BRCL undertake to assign reasons for declining to

consider or reject any particular tender or tenders.

1.3.13(i) Eligibility Criteria

(A): Technical Eligibility Criteria

Criteria Compliance Documents

Requirement Single Joint Submission

Entity Venture Requirements

(i) The tenderer /JV firm (as per clause no. 1.3.33.15.1 of Preamble Must Not The tenderer shall

& general instructions to Tenderers) must have satisfactorily meet Eligible submit the completion

completed any of the following during last 7 years, ending last requirement certificates / certified

day of month previous to the one in which tender is invited:- completion certificates

from the client(s) and or

• Three similar works each costing not less than the Photocopies of original

amount equal to 30% of advertised value of the tender, certificates of client.

• Two similar works each costing not less than the amount

equal to 40% of advertised value of the tender,

• One similar works each costing not less than the amount

equal to 60% of advertised value of the tender. Proof of the said quantum

Definition of Similar work means of work must shall be

“ Any Civil Engineering work” submitted

1 . Work Experience Certificates showing satisfactory and substantial completion of works

duly fulfilling the prescribed eligibility criteria shall also be considered while evaluating this

2. Value of completed work done by a member in an earlier JV Firm shall be reckoned only to the

extent of the concerned member’s share in that JV firm for the purpose of satisfying his

/ her compliance to the above mentioned technical eligibility criteria in the tender under

3. In case the tenderer/s is a partnership firm, the work experience shall be in the name of

partnership firm only.

4. Completion certificate from Govt. organization /PSUs/Public Limited Company will be accepted.

The certificate from Private individual/Private Company for whom such works are executed

shall not be accepted.

5. For Technical Eligibility Criterion 1.3.13 (i) A(i), value of completed work done by a member in

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

an earlier JV Firm shall be reckoned only to the extent of the concerned member’s share in

that JV firm for the purpose of satisfying his / her compliance to the above mentioned

technical eligibility criteria in the tender under consideration.

6. Work experience certificate from private individual shall not be considered. However, in

addition to work experience certificates issued by any Govt. Organisation, work

experience certificate issued by Public listed company having average annual turnover of Rs

500 crore and above in last 3 financial years excluding the current financial year, listed

on National Stock Exchange or Bombay Stock Exchange, incorporated/registered at least

years prior to the date of opening of tender, shall also be considered provided the work

experience certificate has been issued by a person authorized by the Public listed company to

issue such certificates.

7. In case tenderer submits work experience certificate issued by public listed company, the

tenderer shall also submit along with work experience certificate, the relevant copy of work

order, bill of quantities, bill wise details of payment received duly certified by Chartered

Accountant, TDS certificates for all payments received and copy of final/last bill paid by

company in support of above work experience certificate.

(B): Financial Eligibility Criteria

Criteria Compliance Requirement Documents

Requirement Single Joint Submission Requirements

FINANCIAL ELIGIBILITY CRITERIA Must meet Not eEligible TDS certificates/Audited balance

[Ref: Para 10.2 of Annexure-I of IR GCC, requirement sheets and or Photocopies of TDS

April-2022, Part-I] The tenderer must have certificates /Audited Balance

minimum average annual contractual sheets clearly indicating the

turnover of V/N or 'V' whichever is less; contractual amount received duly

where V= Advertised value of the tender in certified by the Chartered

crores of Rupees N= Number of years Accountant/Certificate from

prescribed for completion of work for Chartered Accountant duly

which bids have been invited. [ACS No. 1 supported by Audited Balance

of 14.07.2022] Sheet Client certificate from other

The tenderers shall submit Certificates to this than Govt Organization should be

effect which may be an attested Certificate duly supported by Form

from the concerned department / client or 16A/26AS generated through

Audited Balance Sheet duly certified by the TRACES of Income Tax

Chartered Accountant/Certificate from Department of India.

Chartered Accountant duly supported by

Audited Balance Sheet.

Note: In case the tenderer/s is a partnership firm, the turnover etc. shall be in the name

o f partnership firm only.

1. C ont ract ual payments received by a Member in an earlier JV firm shall be reckoned

only to extent of the concerned member’s share in that JV Firm for the purpose of

satisfying compliance of the above mentioned financial eligibility criteria in tender for

considerations.

2. In case a work is started prior to 07 (seven) years, ending last day of month previous to

the one in which tender is invited, but completed in last 07 (seven) years, ending last

day of month previous to the one in which tender is invited, the completed work shall

be considered for fulfillment of credentials.

3. If the work is physically completed and completion certificate to this extent is issued

by the concerned organization but final bill is pending, such work shall be considered

for fulfillment of credentials.

4. If a part or a component of work is completed but the overall scope of contract is not

completed, this work shall not be considered for fulfillment of technical credentials

even if the cost of part completed work/component is more than required for

fulfillment of credentials.

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

5. In case a work is considered similar in nature for fulfillment of technical credentials,

the overall cost of that work including PVC amount if any shall be considered and no

separate evaluation for each component of that work shall be made to decide eligibility.

6. The value of final bill including PVC amount-if paid, or otherwise in case final bill is

pending the contract cost in last approved variation statement plus PVC amount paid or

cumulative amount paid up to last on-account bill including PVC amount and statutory

deductions whichever is less, shall be considered as the completion cost of work.

7. In case of newly formed partnership firm, the credentials of individual partners from

previous propriety firm(s) or dissolved previous partnership firm(s) or split previous

partnership firm(s), shall be considered only to the extent of their share in previous

entity on the date of dissolution / split and their share in newly formed partnership

firm. For example, a partner A had 30% share in previous entity and his share in

present partnership firm is 20%. In the present tender under consideration, the

credentials of partner A will be considered to the extent of 0.3*0.2*value of the work

done in the previous entity. For this purpose, the tenderer shall submit along with his

bid all the relevant documents which include copy of previous partnership deed(s),

dissolution deed(s) and proof of surrender of PAN No.(s) in case of dissolution of

partnership firm(s) etc.

8. In case of existing partnership firm, if any one or more partners quit the partnership

firm, the credentials of remaining partnership firm shall be re-worked out i.e., the

quitting partner(s) shall take away his credentials to the extent of his share on the date

of quitting the partnership firm (e.g. in a partnership firm of partners A, B & C having

share 30%, 30% & 40% respectively and credentials of Rs 10 crore; in case partner C

quits the firm, the credentials of this partnership firm shall remain as Rs 6 crore). For

this purpose, the tenderer shall submit along with his bid all the relevant documents

which include copy of previous partnership deed(s), dissolution deed(s) and proof of

surrender of PAN No.(s) in case of dissolution of partnership firm(s) etc.

9. In case of existing partnership firm if any other partner(s) joins the firm, the credentials

of partnership firm shall get enhanced to the extent of credentials of newly added

partner(s) on the same principles as mentioned in item 6 above. For this purpose, the

tenderer shall submit along with his bid all the relevant documents which include copy

of previous partnership deeds, dissolution/splitting deeds and proof of surrender of PAN

No.(s) in case of dissolution of partnership firm etc.

10. Any partner in a partnership firm cannot use or claim his credentials in any other firm

without leaving the partnership firm i.e., In a partnership firm of A&B partners, A or B

partner cannot use credentials of partnership firm of A&B partners in any other

partnership firm or propriety firm without leaving partnership firm of A&B partners.

11. In case a partner in a partnership firm is replaced due to succession as per succession

law, the proportion of credentials of the previous partner will be passed on to the

12. If the percentage share among partners of a partnership firm is changed, but the partners

remain the same, the credentials of the firm before such modification in the share will

continue to be considered for the firm as it is without any change in their value. Further,

in case a partner of partnership firm retires without taking away any credentials from the

firm, the credentials of partnership firm shall remain the same as it is without any change

in their value.

13. In a partnership firm “AB” of A&B partners, in case A also works as propriety firm

“P” or partner in some other partnership firm “AX”, credentials of A in propriety firm

“P” or in other partnership firm “AX” earned after the date of becoming a partner of

the firm AB shall not be added in partnership firm AB.

14. In case a tenderer is LLP, the credentials of tenderer shall be worked out on above

lines similar to a partnership firm.

15. In case company A is merged with company B, then company B would get the

credentials of company A also.]

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

1.3.13 (ii) Bid Capacity: - Not applicable

(a) The Tenderer(s) shall furnish the details of existing commitments and balance amount

of ongoing works with tenderer as per Form 23A for statement of all works in progress

and also the works which are awarded to tenderer but yet not started upto the date of

inviting of tender. In case of no works in hand, a ‘NIL’ statement should be furnished.

This statement should be submitted duly verified by Chartered Accountant.

(b) In case of JV, the tenderer(s) must furnish the details of existing commitments and

balance amount of ongoing works with each member of JV as per Form 23A of

Railway for statement of all works in progress and also the works which are awarded

to tenderer but yet not started upto the date of inviting of tender. In case of no works in

hand, a ‘NIL’ statement should be furnished. This statement should be submitted duly

verified by Chartered Accountant.

(c) Value of a completed work/work in progress/work awarded but yet not started for a

Member in an earlier JV shall be reckoned only to the extent of the concerned member's

share in that JV for the purpose of satisfying his/her compliance to the above mentioned

bid capacity in the tender under consideration.

(d) The arithmetic sum of individual “bid capacity” of all the members shall be taken as

JV’s “bid capacity”.

(e) In case, the tenderer/s failed to submit the above statement along with offer, their/his

offer shall be considered as incomplete and will be rejected summarily.

(f) The available bid capacity of tenderer shall be assessed based on the details submitted

by the tenderer. In case, the available bid capacity is lesser than estimated cost of work

put t o tender, his offer shall not be considered even if he has been found eligible in other

eligibility criteria/tender requirement.

1.3.13 (iii) Credentials of Tenderer

The tenderer shall provide satisfactory evidence in support of their technical and financial

eligibility, which are acceptable to BRCL, as follows:

(a) For Technical eligibility criteria, the details will be submitted in Form No. 2A along

with supporting documents.

(b) For Financial eligibility criteria, the details will be submitted in Form No. 2B along

with supporting documents.

The following will be applicable for evaluating the eligibility, the tenderer shall be

considered disqualified/in-eligible If:

The Tenderer or any of its partners and/or subcontractors included in the tender has been

banned for business with Ministry of Railways/BRCL along with any of its attached and

subordinate offices through an order issued by Ministry of Railways as per list available

on Website (http://www.indianrailways.gov.in/railwayboard) of Railway Board pertaining

to banning of Business, with the banning being valid as on the date of submission the

The Tenderer or any of its partners has suffered bankruptcy / insolvency or it is in the

process of winding-up or there is a case of insolvency pending before any Court on the

deadline of submission of application.

For the purposes of conversion of foreign currency to Indian rupees (INR) Bank Currency

(BC) selling exchange rates as published by State Bank of India on the date 28 days prior

to date of submission of tender shall be used. For few of the currencies where BC selling

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

rates are not published by SBI or reserve bank of India, the exchange rate may be

obtained from website- http://www.oanda.com/currency/historical-rates or

http://www.xe.com.

For t h e purpose of evaluation of proposals, all values given in INR in eligible qualification

criteria and the values provided by the applicants in the proposal in the currencies other

than INR shall be converted into one i.e. INR as per exchange rate mentioned in para (vi)

1.3.13 (iv) System of Verification of Tenderer’s Credential:

1. For the works tenders, it has been decided to adopt the certificate based (Form self

- attested is required. Signature, Stamp on Each Page). The tenderer shall submit along

with the tender document, documents in support of his/their claim to fulfill the legibility

criteria as mentioned in the tender document. Each page of the copy of

documents/certificates in support of certificates submitted by the tenderer shall be self–

attested/ digitally signed by the tenderer or authorized representative of the tendering

firm. Self –attestation shall include signature, stamp and date (on each page).

2. The tenderers shall submit a certificate stating that they are not liable to be disqualified and

all their statements/documents submitted along with bid are true and factual. Standard

format of the certificate to be submitted by the bidder is enclosed as Form-22. Non

submission of a certificate (Form No. 22) by the bidder shall r e s u l t i n summary

rejection of his/their bid. And i t s h a l l b e m a n d a t o r i l y incumbent u p o n the tenderer

to identify, state and submit the supporting documents duly self-attested by which they/he

is qualifying the Qualifying Criteria mentioned in the Tender Document. It will not be

obligatory on the part of Tender Committee to scrutinize beyond the submitted document

of tenderer as far as his qualification for the tender is concerned.

3. The BRCL reserves the right to verify all statements, information and documents submitted

by the bidder in his tender offer, and the bidder shall, when so required by the BRCL, make

available all such information, evidence and documents as may be necessary for such

verification. Any such verification or lack of such verification, by the BRCL shall not

relieve the bidder of its obligations or liabilities hereunder nor will it affect any right of the

4. Thereunder. In case of any wrong information submitted by tenderer, the contract shall be

terminated, Earnest Money Deposit (EMD), Performance (PG) and Security Deposit (SD)

of contract forfeited and agency barred for doing business on entire BRCL 5(five) years.

1.3.14 Period of Completion

The entire work is required to be completed in all respects within 03 months (Three months)

from the date of issue of the acceptance letter. Time is the essence of contract. The

contractor shall be required to maintain steady and regular progress to the satisfaction of

the Engineer to ensure that the work will be completed in all respects within the stipulated

1.3.15 Pre-Bid Meeting: - Not applicable

1.3.16 If the Tenderer/s deliberately gives any wrong information about credentials / documents

in his/their tenders and thereby create(s) circumstances for acceptance of his/their tender,

BRCL reserves the right to reject such tender at any stage, besides, shall suspend

business with such tenderer. The EMD of such tenderers shall also be forfeited.

1.3.17 Quantum of work and materials:

The indicative schedule of quantities of various items of works is included in Form –

3& 4 of the tender documents

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

1.3.18 Employer not bound to accept any tender:

The employer shall not be bound to accept the lowest or any tender or to assign any

reason for non-acceptance or rejection of a tender. The employer reserves the right to

accept any tender in respect of the whole or any portion of the work specified in the

tender papers or to reduce the work or to accept any tender for less than the tendered

quantities without assigning any reason whatsoever.

1.3.19 Schedule of Prices

The Summary of prices and schedule of prices has been attached in the Financial BID.

1.3.20 Performance Guarantee: Refer relevant clause of GCC.

1.3.21 the tenderer shall furnish information for making payment through ECS/ NEFT / RTGS

(Tender Form No. 8 placed at Part IV of the tender documents).

1.3.22 Negotiation:

Should BRCL decide to negotiate with a view to bring down the rates, the tenderer

called for negotiations should furnish the following form of declaration before

commencement of negotiations?

"I................................................................. Do declare that in the event of failure of

contemplated negotiations relating to Tender No............................................... dated

............................my original tender shall remain open for acceptance on its original

terms and conditions,”

1.3.23 Site Inspection:

Tenderers are requested to inspect the site and carry out careful examination to satisfy

them as to the nature of work involved and facilities available at the site. They should

note carefully all the existing structures and those under construction through other

agencies. They should also study the suitability of utilizing the different equipment

and the machinery that they intend to use for the execution of the work. The tenderers

should also select suitable sites for the purpose of locating their store yard, laboratory,

staff quarters etc.

1.3.24 No form C & D shall be issued to the contractor for this work.

1.3.25 Preliminary examination of bids

a) The BRCL shall examine the bids to determine whether they are complete,

whether any computational errors have been made, whether the documents have been

properly signed and whether the bids are generally in order.

b) Arithmetical errors shall be rectified on the following basis if found. If there is a

discrepancy between the unit price and the total price, which is obtained by multiplying

the unit price and quantity, or between subtotals and the total price, the unit or subtotal

price shall prevail, and the total price shall be corrected.

c) The rates should be quoted in figures as well as in words. If there is variation between

rates quoted in figures and in words, the rate quoted in ‘words’ shall be taken as correct. If

more than one or improper rates are tendered for the same item, the tender is liable to be

d) Prior to the detailed evaluation, BRCL shall determine whether each bid is of

acceptable quality, is generally complete and is substantially responsive to th e bidding

documents. For purposes of this determination, a substantially responsive bid is one that

conforms to all the terms, conditions and specifications of the bidding documents without

material deviations, objections, conditionality or reservation. A material deviation,

objections, conditionality or reservation is one:

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

a. That affects in any substantial way the scope, quality or Performance of the contract.

b. That limits in any substantial way, inconsistent with the bidding documents, the

BRCL’s rights or the successful Bidder’s obligations under the contracts; or

c. Whose rectification would unfairly affect the competitive position of other

Bidders who are presenting substantially responsive bids.

e) If a bid is not substantially responsive, it shall be rejected by the BRCL.

f) In case of tenders containing any conditions or deviations or reservations about contents

of tender document. BRCL can summarily reject such tender.

1.3.26 Evaluation and comparison of tenders

In case of open tenders, bids, which are determined as substantially responsive, shall be

evaluated based on criteria as given in Eligibility Criteria” and as given in Notice Inviting

E-Tender. The tenderer must submit all necessary authentic data with necessary supporting

certificates of the various items of evaluation criteria failing which his tender is liable to

1.3.27 Canvassing

No tenderer is permitted to canvass to BRCL on any matter relating to this tender. Any

tenderer found doing so may be disqualified and his bid may be rejected.

1.3.28 Award of Contract

1. BRCL shall notify the successful tenderer in writing by a Registered Letter/Courier/Speed

Post/Email or through bearer that his tender has been accepted.

2. Letter of Acceptance after it is signed by the Contractor in token of his acceptance shall

constitute a legal and binding contract between BRCL and the contractor till such time the

contract agreement is signed.

1.3.29 Understanding and Amendments of Tender Documents:

1. The bidder must own all responsibilities and bear all cost for obtaining all the information

including risks, contingencies & other circumstances in execution of the work. It shall

also carefully read and understand all its obligations & liabilities given in tender

2. The bidder is advised to visit and examine the site where the work is to be executed and

its surroundings or other areas as deemed fit by the bidder and should obtain at his own

cost all information that may be necessary for preparing the bid and execution of the

contract. The cost of visiting the site and collecting relevant data shall be at the bidder’s

own expenses. It is a condition of the tender that the tenderer is deemed to have visited

the site and satisfied himself with all the conditions prevailing including any difficulties

for executing the work.

3. At any time prior to the deadline for submission of bids, BRCL may for any reason

whether at its own initiative or in response to any request by any prospective bidder

amend the bidding documents by issuing Amendment, which shall be part of the Tender

4. BRCL may at its discretion extend the deadline for submission of the bids at any time

before the time of submission of the bids.

1.3.30 Provision for medium & small enterprises (MSE): Deleted

1.3.32 Employment/Partnership etc. of Retired Railway Employees:

(a) Should a tenderer

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

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 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

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

GCC July 2020 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

(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 above has not been furnished, contract is liable to be

dealt in accordance with provision of clause 62 of Standard General Condition of contract.

JOINT VENTURE (JV) FIRMS IN WORKS TENDERS:- JV Not Eligible

1.3.33 Participation of Joint Venture (JV) in Works Tender: This Clause shall b e applicable for

works tenders wherein tender documents provide for the same.

1.3.33.1 Separate identity/name shall be given to the Joint Venture.

1.3.33.2 Number of members in a JV shall not be more than three, if the work involves only o n e

department (say Civil or S&T or Electrical or Mechanical) and shall not be more than five,

if the work involves more than one Department. One of the members of the JV shall be its

Lead Member who shall have a majority (at least 51%) share of interest in the JV. The other

members shall have a share of not less than 20% each in case of JV with upto three members

and not less than 10% each in case of JV with more than three members. In case of JV with

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

foreign member(s), the Lead Member has to be an Indian firm/company with a minimum

1.3.33.3A member of JV shall not be permitted to participate either in individual capacity or as

a member of another JV in the same tender .

1.3.33.4 The tender form shall be purchased and submitted only in the name of the JV and not in

the name of any constituent member. The tender form can however be submitted by JV or

any of its constituent member or any person authorized by JV through Power of Attorney

to submit tender.

1.3.33.5 Earnest Money Deposit (EMD) shall be deposited by JV or authorized person of JV

through demand draft or as mentioned in tender document.

1.3.33.6 A copy of Memorandum of Understanding (MoU) duly executed by the JV members on

a stamp paper, shall be submitted by the JV along with the tender. The complete details

of the members of the JV, their share and responsibility in the JV etc. particularly with

reference to financial, technical and other obligations shall be furnished in the MoU.

(The MoU format for this purpose shall be finalized by the Railway in consultation with

their Law Branch and shall be enclosed along with the tender).

1.3.33.7 Once the tender is submitted, the MoU shall not be modified / altered / terminated during

the validity of the tender. In case the tenderer fails to observe/comply with this stipulation,

the full Earnest Money Deposit (EMD) shall be liable to be forfeited.

1.3.33.8 Approval for change of constitution of JV shall be at the sole discretion of the Railway.

The constitution of the JV shall not be allowed to be modified after submission of the

tender bid by the JV, except when modification becomes inevitable due to succession

laws etc., provided further that there is no change in qualification of minimum eligibility

criteria by JV after change of composition. However, the Lead Member shall continue to

be the Lead Member of the JV. Failure to observe this requirement would render the offer

1.3.33.9 Similarly, after the contract is awarded, the constitution of JV shall not be allowed to be

altered during the currency of contract except when modification become inevitable due

to succession laws etc. and minimum eligibility criteria should not get vitiated. Failure to

observe this stipulation shall be deemed to be breach of contract with all Consequential

penal action as per contract conditions.

1.3.33.10 On award of contract to a JV, a single Performance Guarantee shall be submitted by

the JV as per tender conditions. All the Guarantees like Performance Guarantee, Bank

Guarantee for Mobilization Advance, Machinery Advance etc. shall be accepted only in

the name of the JV and no splitting of guarantees amongst the members of the JV shall be

1.3.33.11 On issue of LOA (Letter of Acceptance), the JV entity to whom the work has been

awarded, with the same shareholding pattern as was declared in the MOU/JV Agreement

submitted along with the tender, shall be got registered before the Registrar of the

Companies under 'The Companies Act -2013' (in case of Company) or before the

Registrar/Sub-Registrar under the 'The Indian Partnership Act,1932' (in case of

Partnership Firm) or under 'The LLP Act 2008' (in case of LLP). A separate PAN shall

be obtained for this entity. The documents pertaining to this entity including its PAN shall

be furnished to the Railways before signing the contract agreement for the work.

In case the tenderer fails to observe/comply with this stipulation within 60 days of issue

of LOA, contract is liable to be terminated. In case contract is terminated railway shall be

entitled to forfeit the full amount of the Earnest Money Deposit and other dues payable

to the Contractor under this contract. The entity so registered, in the registered documents,

shall have, inter-alia, following Clauses:

1.3.33.11.1 Joint and Several Liability - Members of the entity to which the contract is awarded,

shall be jointly and severally liable to the Railway for execution of the project in

accordance with General and Special Conditions of Contract. The members of the entity

shall also be liable jointly and severally for the loss, damages caused to the Railways

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

during the course of execution of the contract or due to non-execution of the contract or

1.3.33.11.2 Duration of the Registered Entity - It shall be valid during the entire currency of the

contract including the period of extension, if any and the maintenance period after the

work is completed.

1.3.33.11.3 Governing Laws - The Registered Entity shall in all respect be governed by and

interpreted in accordance with Indian Laws.

1.3.33.12 Authorized Member - Joint Venture members in the JV MoU shall authorize one of the

members on behalf of the Joint Venture to deal with the tender, sign the agreement or enter into

contract in respect of the said tender, to receive payment, to witness joint measurement of work

done, to sign measurement books and similar such action in respect of the tender/contract. All

notices/correspondences with respect to the contract would be sent only to this authorized member

1.3.33.13 No member of the Joint Venture shall have the right to assign or transfer the interest

right or liability in the contract without the written consent of the other members and that

of the Railway in respect of the said tender/contract.

1.3.33.14 Documents to be enclosed by the JV along with the tender:

1.3.33.14.1 In case one or more of the members of the JV is/are partnership firm(s), following

documents shall be submitted:

(i) A notarized copy of the Partnership Deed,

(ii) A copy of consent of all the partners or individual authorized by partnership firm, to

enter into the Joint Venture Agreement on a stamp paper.

(iii) A notarized or registered copy of Power of Attorney in favour of the individual to

sign the MOU/JV Agreement on behalf of the partnership firm and create liability

against the firm.

1.3.33.14.2 In case one or more members is/are HUF, the following documents shall be enclosed:

(i) A copy of notarized affidavit on Stamp Paper declaring that he who is signing the

affidavit on behalf of HUF is in the position of ‘Karta’ of Hindu Undivided Family

(HUF) and he has the authority, power and consent given by other members to act on

1.3.33.14.3 In case one or more members of the JV is/are companies, the following documents

shall be submitted:

(i) A copy of resolutions of the Directors of the Company, permitting the company to enter

into a JV agreement.

(ii) The copies of MOA (Memorandum of Association) / AOA (Articles of association) of

(iii) A copy of Certificate of Incorporation.

(iv) A copy of Authorization/copy of Power of Attorney issued by the Company

(backed by the resolution of Board of Directors) in favour of the individual to sign

the tender, sign MOU/JV agreement on behalf of the company and create liability

against the company.

1.3.33.14.4 All the Members of JV shall certify that they are not blacklisted or debarred by

Railways or any other Ministry / Department of the Govt. of India from participation in

tenders/contract on the date of opening of bids either in their individual capacity or as a

member of the JV in which they were/are members.

1.3.33.14.5 All other documents in terms of explanatory notes in clause 1.3.13 Preamble &

General Instruction to tenderer.

1.3.33.15 Credentials & Qualifying Criteria: Technical, financial eligibility and Bid capacity of

the JV shall be adjudged based on satisfactory fulfillment of the following criteria:

1.3.33.15.1 Technical Eligibility Criteria (a’ or ‘b’ mentioned hereunder):-

(a) For Works without composite components The technical eligibility for the work

as per para 1.3.13.(i). A Preamble & General Instruction to tenderer above, shall

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

be satisfied by either the ‘JV in its own name & style’ or ‘any member having min

26% share’. Each other member of JV shall have technical capacity of minimum 10%

of the cost of work i.e., each JV member must have satisfactorily completed during

the last 07 (seven) years, ending last day of month previous to the one in which tender

is invited, one similar single work for a minimum of 10% of advertised value of the

(b) For works with composite components

(i) The technical eligibility for each component of work as per para 1.3.13.(i). A

Preamble & General Instruction to tenderer, shall be satisfied by either the ‘JV in

its own name & style’ or ‘any member of JV having min 26% share’. Each other

member of JV shall have technical capacity of minimum 10% of the cost of any

component of work i.e., each JV member must have satisfactorily completed during

the last 07 (seven) years, ending last day of month previous to the one in which

tender is invited, one similar single work for a minimum of 10% of cost of any

component of work.

The technical eligibility for major component of work as per para 1.3.13.(i).A

Preamble & General Instruction to tenderer, shall be satisfied by either the ‘JV in

its own name & style’ or ‘any member of JV having min 26% share’ and technical

eligibility for other components of work as per para 1.3.13.(i).A Preamble & General

Instruction to tenderer, shall be satisfied by either the ‘JV in its own name & style’

or ‘any member of the JV’. Each other member of JV shall have technical capacity

of minimum 10% of the cost of any component of work. i.e., each JV member must

have satisfactorily completed during the last 07 (seven) years, ending last day of

month previous to the one in which tender is invited, one similar single work for a

minimum of 10% of cost of any component of work.

Note for Clause 65.15.1

(a) The Major component of the work for this purpose shall be the component of

work having highest value. In cases where value of two or more component of

work is same, any one work can be classified as Major component of work.

(b) Value of a completed work done by a Member in an earlier JV shall be

reckoned only to the extent of the concerned member's share in that JV for the

purpose of satisfying his/her compliance to the above mentioned technical

eligibility criteria in the tender under consideration.

1.3.33.15.2 Financial Eligibility Criteria

The JV shall satisfy the requirement of “Financial Eligibility” mentioned at para

1.3.13.(i).B Preamble & General Instruction to tenderer. The “financial capacity”

of the lead partner of JV shall not be less than 51% of the financial eligibility criteria

mentioned at para 1.3.13.(i).B Preamble & General Instruction to tenderer.

The arithmetic sum of individual “financial capacity” of all the members shall be

taken as JV’s “financial capacity” to satisfy this requirement.

Note: Contractual payment received by a Member in an earlier JV shall be reckoned

only to the extent of the concerned member’s share in that JV for the purpose of

satisfying compliance of the above mentioned financial eligibility criteria in the

tender under consideration.

1.3.33.15.3 Bid Capacity (Applicable to tenders costing more than Rs 20.00 cr only)

The JV shall satisfy the requirement of “Bid Capacity” requirement mentioned at

para 1.3.13.(ii) Preamble & General Instruction to tenderer. The arithmetic sum of

individual “Bid capacity” of all the members shall be taken as JV’s “Bid capacity”

to satisfy this requirement.

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

1.3.34.0 Participation of Partnership Firms in works tenders:

1.3.34.1 The Partnership Firms participating in the tender should be legally valid under the

provisions of the Indian Partnership Act.

1.3.34.2 The partnership firm should have been in existence or should have been formed

prior to submission of tender. Partnership firm should have either been registered

with the Registrar or the partnership deed should have been notarized prior to date

of tender opening as per the Indian Partnership Act.

1.3.34.3 Separate identity / name should be given to the partnership firm. The partnership

firm should have PAN / TAN number in its own name and PAN / TAN number

in the name of any of the constituent partners shall not be considered. The valid

constituents of the firm shall be called partners.

1.3.34.4 Once the tender has been submitted, the constitution of the firm shall not normally

be allowed to be modified / altered / terminated during the validity of the tender

as well as he currency of the contract except when modification becomes

inevitable due to succession laws etc., in which case prior permission should be

taken from Railway and in any case the minimum eligibility criteria should not get

vitiated. The re-constitution of firm in such cases should be followed by a notary

certified Supplementary Deed. The approval for change of constitution of the

firm, in any case, shall be at the sole discretion of the Railways and the tenderer

shall have no claims what-so-ever. Any change in the constitution of Partnership

firm after opening of tender shall be with the consent of all partners and with the

signatures of all partners as that in the Partnership Deed. Failure to observe this

requirement shall render the offer invalid and full EMD shall be forfeited.

If any Partner/s withdraws from the firm after opening of the tender and

before the award of the contract, the offer shall be rejected and EMD of the tenderer

will be forfeited. If any new partner joins the firm after opening of tender but prior

to award of contract, his / her credentials shall not qualify for consideration

towards eligibility criteria either individually or in proportion to his share in the

previous firm. In case the tenderer fails to inform Railway beforehand about any

such changes / modification in the constitution which is inevitable due

to succession laws etc. and the contract is awarded to such firm, then it will be

considered a breach of the contract conditions liable for determination of the

contract under Clause 62 of General Conditions of Contract.

1.3.34.5 A partner of the firm shall not be permitted to participate either in his individual

capacity or as a partner of any other firm in the same tender.

1.3.34.6 The tender form shall be submitted only in the name of partnership firm. The

EMD shall be deposited by partnership firm through demand draft or as

mentioned in tender document. The EMD submitted in the name of any individual

partner or in the name of authorized partner (s) shall not be considered.

1.3.34.7 One or more of the partners of the firm or any other person (s) shall be designated

as the authorized person (s) on behalf of the firm, who will be authorized by all the

partners to act on behalf of the firm through a “Power of Attorney”, specially

authorizing him / them to submit & sign the tender, sign the agreement, receive

payment, witness measurements, sign measurement books, make correspondences,

compromise / settle / relinquish any claim (s) preferred by the firm, sign “No Claim

Certificate”, refer all or any dispute to arbitration and to take similar such action in

respect of the said tender / contract. Such “Power of

Attorney” shall be notarized / registered and submitted along with the tender.

1.3.34.8 On issue of Letter of Acceptance (LOA) to the partnership firm, all t he guarantees

like Performance Guarantee, Guarantee for various Advances to

the Contractor shall be submitted only in the name of the partnership firm and no

splitting of guarantees among the partners shall be acceptable.

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

1.3.34.9 On issue of Letter of Acceptance (LOA), contract agreement with partnership firm

shall be executed in the name of the firm only and not in the name of any individual

1.3.34.10 In case the Letter of Acceptance (LOA) is issued to a partnership firm, the following

undertakings shall be furnished by all the partners through a notarized affidavit,

before signing of contract agreement.

(a) Joint and several liabilities:

The partners of the firm to which the Letter of Acceptance (LOA) is issued,

shall be jointly and severally liable to the Railway for execution of the

contract in accordance with General and Special Conditions of the Contract.

The partners shall also be liable jointly and severally for the loss, damages

caused to the Railway during the course of execution of the contract or due

to non-execution of the contract or part thereof.

(b) Duration of the partnership deed and partnership firm agreement:

The partnership deed/partnership firm agreement shall normally not be

modified/altered/ terminated during the currency of contract and the

maintenance period after the work is completed as contemplated in the

conditions of the contract. Any change carried out by partners in the

constitution of the firm without permission of Railway, shall constitute a

breach of the contract, liable for determination of the contract under Clause

62 of the General Conditions of Contract.

(c) Governing laws: The partnership firm agreement shall in all respect be governed

by and interpreted in accordance with the Indian laws.

(d) No partner of the firm shall have the right to assign or transfer the interest

right or liability in the contract without the written consent of the other

partner/s and that of the Railway.

1.3.34.11 The tenderer shall clearly specify that the tender is submitted on behalf of a

partnership firm. The following documents shall be submitted by the partnership

firm, with the tender:

(i) A notarized copy of partnership deed.

(ii) A notarized or registered copy of Power of Attorney in favour of the individual to

tender for the work, sign the agreement etc. and create liability against the firm.

(iii) An undertaking by all partners of the partnership firm that they are not blacklisted or

debarred by Railways or any other Ministry / Department of the Govt. of India from

participation in tenders / contracts as on the date of opening of bids, either in their

individual capacity or in any firm in which they were / are partners. Concealment /

wrong information in regard to above shall make the contract liable for

determination under Clause 62 of the General Conditions of Contract.

(iv) All other documents in terms of explanatory notes in clause 1.3.13 Preamble &

General Instruction to tenderer.

1.3.34.12 Evaluation of eligibility of a partnership firm:

Technical and financial eligibility of the firm shall be adjudged based on satisfactory

fulfilment of the eligibility criteria laid down in Clause 1.3.13

Preamble & General Instruction to tenderer

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

GENERAL CONDITIONS OF

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

GENERAL CONDITIONS OF CONTRACT

DEFINITIONS AND INTERPRETATION

1. (1) Definition: - In these General conditions of Contract, the following terms shall have the

meaning assigned hereunder except where the context otherwise requires:-

(a) “Railway” shall mean the President of the Republic of India or the Administrative Officers of the

BRCL or of the Successor BRCL authorized to deal with any matters which these presents are

concerned on his behalf.

(b) “BRCL” shall mean Bahucharaji Rail Corporation Limited, Currently the entire project is being

executed by Gujarat Rail Infrastructure Development Corporation Limited (G-RIDE- A Joint

Venture between Ministry of Railways and Government of Gujarat) on behalf of Project SPV-

Bahucharaji Rail Corporation Ltd (BRCL)

(c) “CEO/BRCL” shall mean the officer - in-charge Chief Executive Officer of the General

Superintendence and Control of the BRCL and shall mean and include their successors, of the

successor of BRCL (hereinafter referred to as “CEO/BRCL”).

(d)“Engineer” shall mean any other superior official of BRCL appointed by BRCL.

(e) “Engineer’s Representative” shall mean the GM/DGM/AM /Sr. Executive/Executive in direct

charge of the work and shall include appointed by the BRCL and shall mean and include the

Engineer’s Representative of the successor BRCL.

(f) “Contractor” shall mean the person / Firm / Company whether incorporated or not who enters

into the contract with the BRCL and shall include their executors, administrators, and successors

and permitted assigns.

(g) "Contract" shall mean and include the Agreement of Work Order, the accepted Schedule of Rates

of modified by the tender percentage for items of works quantified, or not quantified, the Standard

General Conditions of Contract, the Special Conditions of Contracts, if any; the Drawing, the

Specifications, the Special Specifications, if any and Tender Forms, if any and all other documents

included as part of contract.

(h) “Works” shall mean the works to be executed in accordance with the contract.

(i) “Specifications” shall mean the Specifications for materials and works referred / mentioned in

tender documents.

(j) “Drawing” shall mean the maps, drawings, plans and tracings or prints there of annexed to the

contract and shall include any modifications of such drawings and further drawings as may be

issued by the Engineer from time to time.

(k) “Constructional Plan” shall mean all appliances or things of whatsoever nature required for the

execution, completion or maintenance of the works or temporary works (as hereinafter defined)

but does not include materials or other things intended to form or forming part of the permanent

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

(l) “Temporary Works” shall mean all temporary works of every kind required for the execution

completion and/or maintenance of the works.

(m) “Site” shall mean the lands and other places on, under, in or through which the works are to be

carried out and any other lands or places provided by the Railway/BRCL for the purpose of the

(n) “Period of Maintenance” shall mean the defect liability period from the date of completion of the

works as certified by the Engineer.

(o) “Bid” or “Tender”, “Bidder” or “Bidder” wherever appearing in this document shall have the

same and interchangeable meaning.

(p) Date of inviting tender shall be the date of publishing tender https://tender.nprocure.com website

if tender is published on website or the date of publication in newspaper in case tender is not

published on website.

(q) “Contractor’s authorized engineer” shall mean a graduate engineer having more than 3 years’

experience in the relevant field of construction work involved in the contract, duly approved by

1.(2) Singular and Plural: - Words importing the singular number shall also include the plural

and vice versa where the context requires.

1.(3) Headings & marginal headings: -The headings and marginal headings in these general

conditions are solely for the purpose of facilitating reference and shall not be deemed

to be part thereof or be taken into consideration in the interpretation or construction

thereof or the contract.

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

GENERAL OBLIGATION

2. (1) Execution Co-relation and intent of contract Documents:-The contract documents shall

be signed by the BRCL and the Contractor. The contract documents are complementary,

and what is called for by any one shall be as binding as if called for by all, the intention

of the documents is to include all labour and materials, equipment’s and transportation

necessary for the proper execution of work. Materials or work not covered by or

properly inferable from any heading or class of the specifications shall not be supplied

by the BRCL to the contractors unless distinctly specified in the contract documents.

Materials or works described in words which so applied have a well-known technical

or trade meaning shall be held to refer to such recognized standards.

2.(2) If a work is transferred from the jurisdiction of one Railway to another Railway or to a

Project Authority/ BRCL or vice versa while contract is in subsistence, the contract shall

be binding on the Contractor and the Successor Railway/Project in the same manner &

take effect all respects as if the Contractor and the Successor Project were parties there

to from the inception and the corresponding officer or the Competent Authority in the

Successor Railway/Project will exercise the same powers and enjoy the same authority

as conferred to the Predecessor Railway/Project under the original contract/agreement

2.(3) If for administrative or other reasons the contract is transferred to the Successor

Railway/Successor Project Authority of BRCL the contract shall not withstanding any

things contained herein contrary there to, be binding on the Contractor and the Successor

Railway /Project Authority/ BRCL in the same manner and take effect in all respect as

if the Contractor and the Successor Railway/ successor Project Authority of BRCL had

been parties thereto from the date of this contract. The contract shall be

Administered/Managed by CGM/GM nominated by BRCL.

3. (1) L aw governing the contract: - The contract shall be governed by the law for the

time being in force in the Republic of India.

3.(2) Compliance to regulations and bye-laws:-The contractor shall conform to the

provision of any statute relating to the works and regulations and by-laws of any location

authority and of any water and lighting companies or undertakings, with whose

system the work is proposed to be connected and shall before making any variation from

the drawings or the specifications that may be necessitated by so confirming give to

the Engineer notice specifying the variation proposed to be made and the reasons for

making the variation and shall not carry out such variation until he has received

instructions from the Engineer in respect thereof. The contractor shall be bound to give

all notices required by statute, regulations or bye-laws as aforesaid and to pay all fees

and taxes payable to any authority in respect thereof.

4. Communications to be in writing:- All notices, communications, reference and complaints

made by the Railway/BRCL or the Engineer or the Engineer's Representative or the

Contractor inter-se concerning the works shall be in writing or e- mail on registered e-mail

IDs and no notice, communication, reference or complaint not in writing or through e-mail,

shall be recognized..

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

5. Service of Notices on Contractors:- The contractor shall furnish to the Engineer

the name designation and address of his authorized agent and all complaints, notices,

communications and references shall be deemed to have been duly given to the

contractor if delivered to the contractor or his authorized agent or left at or posted to

the address so given and shall be deemed to have been so given in the case of posting

on day on which they would have reached such address in the ordinary course of post

or on the day on which they were so delivered or left. In the case of contract by partners,

any change in the constitution of the firm shall be forthwith notified by the contractor

to the Engineer.

6. Occupation and use of land:- No land belonging to or in the possession of the

Railway/BRCL shall be occupied by the Contractor without the permission of the

Railway/BRCL. The Contractor shall not use, or allow to be used; the site for any

purposes o t h er than that of executing the works. Whenever non-railway bodies/persons

are permitted to use railway premises with competent authority’s approval,

conservancy charges as applicable from time to time may be levied.

7. Assignment or subletting of contract : - The contractor shall not assign or sublet

the contract or any part thereof or allow any person to become interested therein any

manner whatsoever without the special permission in writing of the BRCL. Any

breach of this condition shall entitle the BRCL to rescind the contract under clause

of these conditions and also render the contractor liable for payment to the BRCL

in respect of any loss or damage arising or ensuing from such cancellation. Provided

always that execution of the details of the work by petty contractor under the direct

and personal supervision of the Contractor or his agent shall not be deemed to be

sub-letting under this clause.

In case Contractor intends to subcontract part of work, he shall submit a proposal in

writing seeking permission of Chief Engineer for the same. While submitting the

proposal to railway, Contractor shall ensure the following:

(a) (i) Total value of work to be assigned to sub-contractor(s) shall not be more than

50% of total contract value.

(ii) The subcontractor shall have successfully completed at least one work similar to

work proposed for subcontract, costing not less than 35% value of work to be

subletted, in last 5 years through a works contract directly given to him by a Govt.

Department; or by a Public listed company having average annual turnover of

Rs 500 crore and above in last 3 financial years excluding the current financial year,

listed on National Stock Exchange or Bombay Stock Exchange, registered at least

5 years back from the date of submission of proposal by Contractor to Railway

and work experience certificate issued by a person authorised by the Public Listed

Company to issue such certificates.

In case contractor submits subcontractor’s work experience certificate issued by

public listed company, the contractor shall also submit along with work experience

certificate, the relevant copy of work order, bill of quantities, bill wise details of

payment received duly certified by Chartered Accountant, TDS certificates for

all payments received and copy of final/last bill paid by company in support of

above work experience certificate.

(iii) There is no banning of business with the sub-contractor in force over IR.

(b) The Contractor shall provide to the Engineer a copy of the agreement to be

entered into by Contractor with subcontractor. No subcontractor shall be permitted

without a formal agreement between Contractor and subcontractor. This

agreement shall clearly define the scope of work to be carried out by

subcontractor and the terms of payment in clear & unambiguous manner.

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

(c) On receipt of approval from Chief Engineer, Contractor shall enter into a formal

agreement legally enforceable in Court of Law with subcontractor and submit a copy

of the same to the Engineer.

(d) The Contractor shall intimate to the Engineer not less than 7 days in advance, the

intended date of commencement of subcontractor’s work.

(e) Once having entered into above arrangement, Contractor shall discontinue such

arrangement, if he intends to do so at his own or on the instructions of Railway, with

prior intimation to Chief Engineer.

(f) The Contractor shall indemnify railway against any claim of subcontractor.

(g) The Contractor shall endeavour to resolve all matters and payments amicably and

speedily with the subcontractor.

(h) In addition to issuance of work experience certificate to Contractor, the Engineer,

when, based on documents, is satisfied that subcontracted work has been carried out

by subcontractor, shall issue work experience certificate to the subcontractor also for

the portion of work subcontracted and successfully completed by the sub-

(i) The responsibility of successful completion of work by subcontractor shall lie with

Contractor. Subcontracting will in no way relieve the Contractor to execute the work

as per terms of the Contract.

(j) Further, in case Engineer is of the view that subcontractor’s performance is not

satisfactory, he may instruct the Contractor to remove the subcontractor from the

work and Contractor has to comply with the above instructions with due promptness.

Contractor shall intimate the actual date of discontinuation of subcontract to Engineer.

No claim of Contractor whatsoever on this account shall be entertained by the

Railway and this shall be deemed as ‘excepted matter’ (matter not arbitrable).

The permitted subletting o f work by the contractor shall not establish a n y

contractual relationship between the sub- contractor and the BRCL and shall not relieve

the contractor of any responsibility under the contract.

8. Assistance by the BRCL for the Stores to be obtained by the Contractor:- Owing

to difficulty in obtaining certain materials (including Tools & Plant) in the market, the

BRCL may have agreed without any liability therefore to endeavor to obtain or assist

the contractor in obtaining the required quantities of such materials as may be specified

in the tender. In the event of delay or failure in obtaining the required quantities of the

aforesaid material the contractor shall not be deemed absolved of his own responsibility

and shall keep in touch with day to day positions regarding their availability and

accordingly adjust progress of works including employment of labour and the BRCL

shall not in any way be liable for the supply of materials or for the non-supply thereof

for any reasons whatsoever nor for any loss or damage arising in consequence of such

delay or no supply.

10. Carriage of materials:- No forwarding orders shall be issued by the BRCL for the conveyance

of contractor’s materials, tools and plant by Rail which may be required for use in the

works and the contractor shall pay full freight charges at public tariff rates therefore.

12. Representation on Works: - The contractor shall, when he is not personally present on the

site of the works place and keep a responsible agent at the works during

working hours who shall on receiving reasonable notice, present himself to the Engineer

and orders given by the Engineer or the engineer’s representative to the agent shall

be deemed to have the same force as if they had been given to the Contractor. Before

absenting himself, the contractor shall furnish the name and address of his agent for the

purpose of this clause and failure on the part of the Contractor to comply with this

provision at any time will entitle the BRCL to rescind the contract under clause 62 of

these conditions.

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

13. Relics and Treasures:- All gold, silver, oil and other minerals of any description and all

precious stones, coins, treasures relics antiquities and other similar things which shall be

found in or upon the site shall be the property of the BRCL and the Contractor shall

duly preserve the same to the satisfaction of the BRCL and shall from time to time deliver

the same to such person or persons as the BRCL may appoint to receive the same.

14. Excavated material:-The contractor shall not sell or otherwise dispose of or remove except

for the purpose of this contract, the sand, stones, clay, ballast, earth, rock or other

substances or materials which may be obtained from any excavation made for the

purpose of the works or any building or produced upon the site at the time of delivery

of the possession thereof but all the substances, materials, buildings and produce shall be

the property of the BRCL provided that the contractor may, with the permission of the

Engineer, use the same for the purpose of the works either free of cost or pay the cost of

the same at such rates as may be determined by the Engineer.

15. Indemnity by Contractors:- The contractor shall indemnify and save harmless the Railway/

BRCL from and against all actions, suit proceedings losses, costs, damages, charges,

claims and demands of every nature and description brought or recovered against the

Railways/BRCL by reason of any act or omission of the contractor, his agents or

employees, in the execution of the works or in his guarding of the same. All sums payable

by way of compensation under any of these conditions shall be considered as reasonable

compensation to be applied to the actual loss or damage sustained, and whether or not any

damage shall have been sustained.

16. (1) Security Deposit: - The earnest money deposited by the Contractor with his tender will be

retained by the Railways/BRCL as part of security for the due and faithful fulfillment of

the contract by the Contractor. The Security Deposit shall be 5% of the contract value.

Security Deposit may be deposited by the Contractor before release of first on account bill

in cash or Term Deposit Receipt issued from Scheduled Bank, or may be recovered at the

rate of 10% of the bill amount till the full Security Deposit is recovered. Provided also

that in case of defaulting Contractor, the Railway/BRCL 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.

Further, in case of contracts having value equal to or more than Rs. 50 crore (Rs Fifty

crore) the Security Deposit may be deposited as Bank Guarantee Bond also, issued by a

scheduled bank after execution of contract documents, but before payment of 1st on

account bill. Provided further that the validity of Bank Guarantee Bond shall be extended

from time to time, depending upon extension of contract granted in terms of Clause 17 of

the Standard General Conditions of Contract.

Further, in case Security Deposit has been submitted as Term Deposit Receipt/Bank

Guarantee Bond in full amount, the Earnest Money deposited by the Contractor with his

tender will be returned by the Railways/BRCL.

Note: After the work is physically completed as certified by competent authority, Security Deposit

recovered from the running bills of a Contractor can be returned to him, if he so desires,

in lieu of Term Deposit Receipt/irrevocable Bank Guarantee for equivalent amount from

Scheduled Bank, to be submitted by him.

16.(2)(i) Refund of Security Deposit: Security Deposit mentioned in sub clause (1) above shall be

returned to the Contractor along with or after, the following:

(a) Final Payment of the Contract as per clause 51.(1) and

(b) Execution of Final Supplementary Agreement or Certification by Engineer that

BRCL has No Claim on Contractor and

(c) Maintenance Certificate issued, on expiry of the maintenance period as per clause

50.(1), in case applicable.

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

16. (2)(ii) Forfeiture of Security Deposit: Whenever the contract is rescinded as a whole under

clause 62 (1) of GCC, the Security Deposit already with BRCL under the contract shall be

forfeited. However, in case the contract is rescinded in part or parts under clause 62 (1) of

GCC, the Security Deposit shall not be forfeited.

16.(3) No interest shall be payable upon the Earnest Money and Security Deposit or amounts

payable to the Contractor under the Contract, but Government Securities deposited in terms

of Sub-Clause 16.(4)(b) of this clause will be payable with interest accrued thereon.

16. (4) Performance Guarantee (P.G.)

The procedure for obtaining Performance Guarantee is outlined below:

a) The successful bidder shall have to submit a Performance Guarantee (PG) within

(Thirty) 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 22nd day after the date

of issue of LOA. Further, if the 60th day happens to be a declared holiday in the

concerned office of the BRCL, submission of PG can be accepted on the next working

In all other cases, if the Contractor fails to submit the requisite PG even after

days from the date of issue of LOA, the contract is liable to be terminated. In

case contract is terminated BRCL shall be entitled to forfeit Earnest Money

Deposit and other dues payable against that contract. In case a tenderer has not

submitted Earnest Money Deposit 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.

b) The successful bidder shall submit the Performance Guarantee (PG) in any of the

following forms, amounting to 5% of the contract value:

(i) A deposit of Cash;

(ii) Irrevocable Bank Guarantee;

(iii) Government Securities including State Loan Bonds at 5% below the market value;

(iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of

Performance Guarantee could be either of the State Bank of India or of any of the

Nationalized Banks;

(v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled

(vi) Deposit in the Post Office Saving Bank;

(v) Deposit in the National Savings Certificates;

(vi) Twelve years National Defence Certificates;

(ix) Ten years Defence Deposits;

(x) National Defence Bonds and

(xi) Unit Trust Certificates at 5% below market value or at the face value whichever is

less. Also, FDR in favour of BRCL (free from any encumbrance) may be accepted.

c) 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 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.

d) The value of PG to be submitted by the Contractor will not change for variation

upto 25% (either increase or decrease). In case during the course of execution,

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

value of the contract increases by more than 25% of the original contract value, an

additional Performance Guarantee amounting to 5% (Five percent) for the excess

value over the original contract value shall be deposited by the Contractor. On the

other hand, if the value of contract decreases by more than 25% of the original

contract value, Performance Guarantee amounting to 5% (Five percent) of the

decrease in the contract value shall be returned to the Contractor. The PG amount

in excess of required PG for decreased contract value, available with BRCL,

shall be returned to Contractor as per his request duly safeguarding the interest of

e) 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.

f) Whenever the contract is rescinded, the Performance Guarantee already submitted

for the contract shall be encashed in addition to forfeiture of Security Deposit

available with BRCL.

g) 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 event the Engineer may claim the full amount of

the Performance Guarantee.

(ii) Failure by the Contractor to pay President of India / BRCL 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 the GCC

Note: The instruments as listed above will also be acceptable for Guarantees in case of

Mobilization advance.

17. Force Majeure Clause:- If at any time, during the continuance of this contract, the

Performance in whole or in part by either party of any obligation under this contract

shall be prevented or delayed by reason of any war, hostility, acts of public enemy, civil

commotion, sabotage, serious loss or damage by fire, explosions, epidemics, strikes,

lockouts or act of God (hereinafter, referred to events) provided, notice of the happening

of any such event is given by either party to the other within 30 days from the date

of occurrence thereof, neither party shall by reason of such event, be entitled to

terminate this contract nor shall either party have any claim for damages against the

other in respect of such non - performance of delay in performance, and works 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 Engineer as to whether the works have

been so resumed or not shall be final and conclusive, provided further that if the

performance in whole or in part of any obligation under this contract is prevented or

delayed by reason of any such event for a period exceeding 60 days, either party may

at its option terminate the contract by giving notice to the other party.

17-A Extension of time in Contracts: - Subject to any requirement in the contract as to

completion of any portion or portions of the works before completion of the whole, the

contractor shall fully and finally complete the whole of the works comprised in the

contract (with such modifications as may be directed under conditions of this contract)

by the date entered in the contract or extended date in terms of the following clauses:-

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

(i) Extension due to modification:- If any modifications have been ordered which in the

opinion of the Engineer have materially increased the magnitude of the work, then

such extension of the contracted date of completion may be granted as shall appear to

the Engineer to be reasonable in the circumstances, provided moreover that the

Contractor shall be responsible for requesting such extension of the date as may be

considered necessary as soon as the cause thereof shall arise and in any case not less

than one month before the expiry of the date fixed for completion of the works.

(ii) Extension for delay not due to BRCL or Contractor:- If in the opinion of the Engineer

the progress of work has any time been delayed by any act or neglect of

Railways/BRCL's employees or by other contractor employed by the BRCL under sub-

clause (4) of clause 20 of these conditions or in executing the work not forming part

of the contract but on which contractor’s performance necessarily depends or by

reasons of proceeding taken or threatened by or dispute with adjoining or to

neighbouring owners or public authority arising otherwise through the Contractor’s

own default etc. or by the delay authorized by the Engineer pending arbitration or in

consequences of the contractor not having received in due time necessary instructions

from the BRCL for which he shall have specially applied in writing to the Engineer

or his authorized representative then upon happening of any such event causing delay,

the contractor shall immediately give notice thereof in writing to the Engineer within

15 days of such happening but shall nevertheless make constantly his best endeavours

to bring down or make good the delay and shall do all that may be reasonably required

of him to the satisfaction of the Engineer to proceed with the works. The contractor

may also indicate the period for which the work is likely to be delayed and shall be

bound to ask for necessary extension of time. The Engineer on receipt of such request

from the contractor shall consider the same and shall grant such extension of time

as in his opinion is reasonable having regard to the nature and period of delay and

the type and quantum of work affected thereby. No other compensation shall be payable

for works so carried forward to the extended period of time, the same rates, terms and

conditions of contract being applicable as if such extended period of time was originally

provided in the original contract itself.

(iii) Extension for delay due to Railways / BRCL:- In the event of any failure or delay by

the Railway / BRCL to hand over the Contractor possession of the lands necessary for

the execution of the works or to give the necessary notice to commence the works or to

provide the necessary drawings or instructions or any other delay caused by the BRCL

due to any other cause whatsoever, then such failure or delay shall in no way affect or

vitiate the contract or alter the character thereof or entitle the contractor to damages

or compensation therefore, but in any such case, the BRCL may grant such extension

or extensions of the completion date as may be considered reasonable.

17-B Extension of time for delay due to contractor:- Extension of Time with Liquidated

Damages (LD) for delay due to Contractor: The time for the execution of the work or

part of the works specified in the contract documents shall be deemed to be the essence

of the contract and the works must be completed not later than the date(s) as specified

in the contract. If the Contractor fails to complete the works within the time as specified

in the contract for the reasons other than the reasons specified in Clause 17 and 17-A,

the Railway/BRCL may, if satisfied that the works can be completed by the Contractor

within reasonable short time thereafter, allow the Contractor for further extension of

time (Proforma at Form- 14) as the Engineer may decide. On such extension the Railway

will be entitled without prejudice to any other right and remedy available on that behalf,

to recover from the Contractor as agreed damages and not by way of penalty for each

week or part of the week, a sum calculated at the following rates of the contract value

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

For the purpose of this Clause, the contract value of the works shall be taken as

value of work as per contract agreement including any supplementary work

order/contract agreement issued. Provided also, that the total amount of liquidated

order/contract agreement issued. Provided also, that the total amount of liquidated

damages under this condition shall not exceed 5% of the contract value or of the total

value of the item or groups of items of work for which a separate distinct completion

period is specified in the contract.

S. Duration of extension of time under Clause 17-B Rate of Liquidated Damages

Up to Twenty percent of original period of As decided by Engineer,

completion including period of extension of DOC between 0.01% to 0.10% of

granted under Section 17A(i) contract value for each week or

part of the week

Above Twenty percent but upto Thirty percent of 0.20% of contract value for each

original period of completion including period of week or part of the week

extension of DOC granted under Section 17A(i)

Above Thirty percent but upto Forty percent of 0.30% of contract value for each

original period of completion including period of week or part of the week.

extension of DOC granted under Section 17A(i

Above Forty percent of original period of 0.50% of contract value for each

completion including period of extension of week or part of the week

DOC granted under Section 17A(i)

Provided further, that if the Railway/BRCL is not satisfied that the works can be

completed by the Contractor and in the event of failure on the part of the contractor to

complete the work within further extension of time allowed as aforesaid, the

Railway/BRCL shall be entitled without prejudice to any other right or remedy available

in that behalf, to appropriate the contractor’s Security Deposit and rescind the contract

under Clause 62 of these Conditions, whether or not actual damage is caused by such

17-C Bonus for Early Completion of Work:

18.(1) Illegal Gratification:- Any bribe, commission, gift or advantage given, promised or

offered by or on behalf of the Contractor or his partner or agent or servant or anyone

on his behalf, to any officer or employee of the Railway/BRCL or to any person on his

behalf in relation to obtaining or execution of this or any other contract with the

Railway/BRCL shall, in addition to any criminal liability which he may incur, subject

Contractor to the rescission of the contract and all other contracts with the Railway and

to the payment of any loss or damage resulting from such decision and the

Railway/BRCL shall be entitled to deduct the amounts so payable from the Contractor’s

bills/Security Deposit or any other dues of Contractor with the Government of India.

18.(2) The contractor shall not lend or borrow from or have or enter into any monitory dealings

and transactions either directly or indirectly with any employee of the BRCL and if he

shall do so, the BRCL shall be entitled forthwith to rescind the contract and all other

contracts with the BRCL. Any question or dispute as to the commission or any such

offence or compensation payable to the BRCL under this clause shall be settled by the

Chief Executive Officer of the BRCL, in such a manner as he shall consider fit and

sufficient and his decision shall be final and conclusive. In the event of rescission of the

contract under this clause, the contractor will not be paid any compensation

whatsoever except payments for the work done up to the date of rescission.

EXECUTION OF WORKS

19.(1) Contractor’s understanding:- It is understood and agreed that the contractor has, by

careful examination, satisfied himself as to the nature and location of the work, the

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

conformation of the ground, the character, quality and quantity of the materials to be

encountered, the character of equipment and facilities needed preliminary to and during

the progress of the works, the general and local conditions, the labour conditions

prevailing therein and all other matters which can in any way affect the works under the

19.(2) Commencement of works:-The contractor shall commence the works within 10 days

after the receipt by him of an order in writing to this affect from the Engineer and shall

proceed with the same with due expedition and without delay.

19.(3) Accepted Programme of work:- The contractor who has been awarded the work shall

as soon as possible but not later than 30 days after the date of receipt of the acceptance

letter in respect of contracts with initial completion period of two years or less or not

later than 90 days for other contracts have to submit the detailed programme of work

indicating the time schedule of various items of works in the form of Bar Chart/PERT/

Chief Executive Officer. He shall also submit the details of organization (in terms

of labour and supervisors) plant and machinery, that he intends to utilize (from time to

time) for execution of the work within stipulated date of completion. The programme

of work amended as necessary by discussions with the Engineer, shall be treated as

the agreed programme of the work for the purpose of this contract and the contractor

shall endeavour to fulfil this programme of work. The progress of work will be watched

accordingly and the liquidated damages will be with reference to the overall

completion date. Nothing stated herein shall preclude the contractor in achieving earlier

completion of item or whole of the works than indicated in the programme.

19. (4) Setting out of works:- The contractor shall be responsible for the correct setting out

of all works in relation to original points, lines and levels of reference at his cost. The

contractor shall execute the work true to alignment, grade, levels and dimensions as

shown in the drawing and as directed by the Engineer’s representative and shall check

these at frequent intervals. The contractor shall provide all facilities like labour and

instruments and shall co- operate with the Engineer’s representative to check all

alignment, grades, levels and dimensions. If, at any time, during the progress of the

works any error shall appear or arise in any part of the work, the contractor, on being

required so to do by the Engineer’s representative shall, at his own cost rectify such

errors, to the satisfaction of the Engineer’s representative. Such checking shall not

absolve the contractor of his own responsibility of maintaining accuracy in the work.

The contractor shall carefully protect and preserve all bench marks, sight rails, pegs and

other things used in setting out the work.

20.(1) Compliance to Engineer’s instructions:-The Engineer shall direct the order in which the

several parts of the works shall be executed and the contractor shall execute without

delay all orders given by the Engineer from time to time but the contractor shall not

be relieved thereby from responsibility for the due performance of the works in all

20.(2) Alterations to be authorized: -No alterations in or additions to or omissions or

abandonment of any part of the works shall be deemed authorized, except under

instructions from the Engineer, and the contractor shall be responsible to obtain such

instructions in each and every case in writing from the Engineer.

20.(3) Extra works: - Should works over and above those included in the contract require to

be executed at the site, the contractor shall have no right to be entrusted with the

execution of such works which may be carried out by another contractor or contractors

or by other means at the option of the BRCL.

20. (4) Separate contracts in connection with works: - BRCL shall have the right to let other

contracts in connection with the works. The contractor shall afford other contractors

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

reasonable opportunity for the storage of their materials and the execution of their

works and shall properly connect and coordinate his work with theirs. If any part of

the contractors work depends for proper execution or result upon the work of another

contractor(s), the contractor shall inspect and promptly report to the Engineer any

defects in such works that render it unsuitable for such proper execution and results. The

contractor’s failure so-to inspect and report shall constitute an acceptance of the other

contractor’s work as fit and proper for the reception of his work, except as to defects

which may develop in the other contractor’s work after the execution of his work.

21. Instruction of Engineer’s Representative: - Any instructions or approval given by the

Engineer’s representative to contractor in connection with the works shall bind the

contractor as though it had been given by the Engineer provided always as follows.

(a) Failure of the Engineer’s representative to disapprove any work or materials shall not

prejudice, the power of the Engineer thereafter to disapprove such work or material and

to order the removal or breaking up thereof.

(b) If the Contractor shall be dissatisfied by reason of any decision of the Engineer’s

representative, he shall be entitled to refer the matter to the Engineer who shall there upon

confirm or vary such decision.

22. (1) Adherence to specifications and drawings: - The whole of the works shall be executed in

perfect conformity with the specifications and drawings of the contract. If contractor

performs any works in a manner contrary to the specifications or drawings or any of them

and without such reference to the Engineer he shall bear all the costs arising or ensuing

therefore and shall be responsible for all loss to the BRCL.

22. (2) Drawings and specifications of the works: - The contractor shall keep one copy of

drawings and specifications at the site, in good order, and such contract documents as may

be necessary available to the Engineer or the Engineer’s representative.

22. (3) Ownership of drawings and specifications: - All drawings and specifications and copies

thereof furnished by the BRCL to the Contractor are deemed to be the property of the

BRCL. They shall not be used on other works and with the exception of the signed contract

set, shall be returned by the contractor to the BRCL on completion of the work or

termination of the contract.

22.(4) Compliance with Contractor’s request for details:- The Engineer shall furnish with

reasonable promptness, after receipt by him of the contractor’s request for the same,

additional instructions by means of drawings or otherwise, necessary for the proper

execution of the works or any part thereof. All such drawing and instructions shall be

consistent with the contract Documents and reasonably inferable there from.

22.(5)Meaning and intent of specification and drawings:- If any ambiguity arises as to the

meaning and intent of any portion of the specifications and drawings or as to execution or

quality of any work or material, or as to the measurements of the works the decision of the

Engineer thereon shall be final subject to the appeal (within 7 days of such decision being

intimated to the contractor) to the Chief Engineer/ Cheif Executive Officer who shall have

the power to correct any errors, omissions, or discrepancies in aforementioned items and

whose decision in the matter in dispute or doubt shall be final and conclusive.

23 Working during night: - The contractor shall not carry out any work between sun-set and

sun-rise without the previous permission of the Engineer/BRCL.

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24. Damage to Railway / BRCL property or private life and property:-The contractor shall

be responsible for all risk to the work 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 others from whatsoever

cause in connection with the works until they are taken over by the Railway/ BRCL and

this although all reasonable and proper precautions may have been taken by the

contractor, and in case the Railway /BRCL shall be called upon to make good any

costs, loss or damages, or to pay an compensation, including that payable under the

provisions of the Workmen’s Compensation Act or any statutory amendments thereof to

any person or persons sustaining damages as aforesaid by reason of any act, or any

negligence or omissions on the part of the contractor the amount of any costs or charges

including costs and charges in connection with legal proceedings, which the Railway /

BRCL may incur in reference thereto, shall be charged to the contractor. The Railway

/ BRCL shall have the power and right to pay or to defend or compromise any claim of

threatened legal proceedings or in anticipation of legal proceedings being instituted

consequent on the action or default of the contractor, to take such steps as may be

considered necessary or desirable to ward off or mitigate the effect of such proceedings,

charging to contractor, as aforesaid any sum or sums of money which may be paid and

any expenses whether for reinstatement or otherwise which may be incurred and the

propriety of any such payment, defence or compromise, and the incurring of any such

expenses shall not be called in question by the contractor.

25. Sheds, stores houses and Yards:-The contractor shall at his own expense provide himself

with sheds, stores houses and yards in such situations and in such numbers as in the

opinion of the Engineer is requisite for carrying on the works and the contractor shall

keep at each such sheds, stores houses and yard a sufficient quantity of materials and

plant in stock as not to delay the carrying out of the works with due expedition and

the Engineer and the Engineer’s representative shall have free access to the said sheds,

store houses and yards at any time for the purpose of inspecting the stock of materials

or plant so kept in hand, and any materials or plan which the Engineer may object to

shall not be brought upon or used in the works, but shall be forthwith removed from the

sheds, store houses or yards by the contractor. The contractor shall at his own expenses

provide and maintain suitable mortar mills, soaking vats or any other equipment

necessary for the execution of the works.

26. Provision of efficient and competent Staff at work sites by the Contractor:-

26.1 The contractor shall place and keep on the works at all times efficient and competent staff

to give the necessary directions to his workmen and to see that they execute their work

in sound and proper manner and shall employ only such supervisors, workmen and

labourers in or about the execution of any of these works as are careful and skilled in

the various trades.

26.2 The contractor shall at once remove from the works any agents, permitted sub-

contractor, supervisor, workman or labourer who shall be objected to by the Engineer

and if and whenever required by the Engineer, he shall submit a correct return showing

the names of all staff and workmen employed by him.

26.3 In the event of the Engineer being of the opinion that the contractor is not employing

on the works a sufficient number of staff and workmen as is necessary for the proper

completion of the works within the time prescribed, the contractor shall forthwith on

receiving intimation to this effect deploy the additional number of staff and labour

specified by the Engineer within seven days of being so required and failure on the

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

part of the contractor to comply with such instructions will entitle the Railway to rescind

the contract under clause 62 of these conditions.

26A. Deployment of Qualified Engineers at Work Sites by the Contractor:-

26A.1 The contractor shall also employ Qualified Graduate Engineer or Qualified Diploma Holder

Engineer, based on value of contract, as may be prescribed by the Ministry of Railways

through separate instructions from time to time.

26A.2 In case the contractor fails to employ the Engineer, as aforesaid in Para 26A.1, he shall be

liable to pay penalty at the rates, as may be prescribed by the Ministry of Railways through

separate instructions from time to time for the default period for the provisions, as

contained in Para 26A.1.

27.(1) Workmanship and testing:- The whole of the works and / or supply of materials

specified and provided in the contract or that may be necessary to be done in order to

form and complete any part thereof shall be executed in the best and most substantial

workman like manner with materials of the best and most approved quality of their

respective kinds, agreeable to the particulars contained in or implied by the

specifications and as referred to in and represented by the drawings or in such other

additional particulars, instructions and drawings may be found requisite to be given

during the carrying on of the works and to the entire satisfaction of the Engineer

according to the instructions and directions which the contractors may from time to

time receive from the Engineer. The materials may be subjected to tests by means of

such machines, instruments and appliances as the Engineer may direct and wholly at

the expense of the contractor.

27. (2) Removal of improper work and materials:- The Engineer or the Engineer’s

Representative shall be entitled to order from time to time:

(a) The removal from the site within the time specified in the order of any materials

which in his opinion are not in accordance with the specifications or drawings.

(b) The substitution of proper and suitable materials, and

(c) the removal and proper re-execution, notwithstanding any previous tests thereof or on

account payments therefore, of any work which in respect of materials or workmanship;

is not in his opinion in accordance with the specifications and in case of default on

the part of the contractor in carrying out such order the BRCL shall be entitled to

rescind the contract under clause 62 of these conditions.

(d) The provision of Construction and Demolition Waste Management Rule 2016 issued

by Ministry of Environment Forest and Climate Change dated 29.03.2016 and

published in the Gazette of India, Part – II, Section -3, Sub-section (ii) are binding upon

the Contractor. Contractor shall implement these provisions at worksites, for which no

extra payment will be payable.

28. Facilities for inspection:- The contractor shall afford the Engineer and the Engineer’s

Representative every facility for entering in and upon every portion of the work at all

hours for the purpose of inspection or otherwise and shall provide all labour,

materials, planks, ladders, pumps, appliances and things of every kind required for the

purpose and the Engineer and the Engineer’s Representative shall at all times have free

access to every part of the works and to all places at which materials for the works are

stored or being prepared.

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29. Examination of work before covering up:- The contractor shall give 7 days’ notice to the

Engineer or the Engineer’s representative whenever any work or materials are intended

to be covered up in the earth, in bodies or walls or otherwise to be placed beyond the

reach of measurements in order that the work may be inspected or that correct dimensions

may be taken before being so covered, placed beyond the reach of measurement in default

whereof, the same shall at the option of the Engineer or the Engineer’s representative be

uncovered and measured at the contractor’s expense or no allowance shall be made for

such work or materials.

30. Temporary Works: - All temporary works necessary for the proper execution of the works

shall be provided and maintained by the contractor and subject to the consent of the

Engineer shall be removed by him at his expenses when they are no longer required

and in such manner as the Engineer shall direct. In the event of failure on the part of the

contractor to remove the temporary works, the Engineer will cause them to be removed

and cost as increased by supervision and other incidental charges shall be recovered

from the contractor. If temporary huts are provided by the contractor on the Railway /

BRCL land for labour engaged by him for the execution of works, the contractor shall

arrange for handing over vacant possession of the said land after the work is completed;

if the contractor’s labour refuse to vacate, and have to be rejected by the Railway /

BRCL necessary expenses incurred by the Railway / BRCL in connection therewith

shall be borne by the contractor.

31. (1) Contractor to supply water for works: - Unless otherwise provided in the contract, the

contractor shall be responsible for the arrangements to obtain supply of water necessary

31.(4)(a)Contractor to arrange supply of Electric power for works:- Unless

otherwise provided in the contract, the contractor shall be responsible for

arrangements to obtain supply of electric power for the works.

31.(4)(b) Deleted

32. Property in materials and plant:- The materials and plant brought by the Contractor upon

the site or on the land occupied by the Contractor in connection with the works and

intended to be used for the execution thereof shall immediately, they are brought upon

the site of the said land, be deemed to be the property of the Railway / BRCL. Such of

them as during the progress of the works are rejected by the Engineer under Clause

25 of these conditions or are declared by him not to be needed for the execution of the

works or such as on the grant of the certificate of c o m p l e t i o n

r e m a i n unused shall i m m e d i a t e l y on su ch r e j e c t i o n , declaration or grant cease to

be deemed the property of the Railway / BRCL and the Contractor may then (but not

before) remove them from the site or the said land. This clause shall not in any way

diminish the liability of the Contractor nor shall the Railway / BRCL be in any way

answerable for any loss or damage which may happen to or in respect of any such

materials or plant either by the same being lost, stolen, injured or destroyed by fire,

tempest or otherwise.

33. (1) Tools, Plant and Materials Supplied by Railway / BRCL: - T h e Contractor shall take all

reasonable care of all tools, plant and materials or other property whether or a like

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

description or not belonging to the Railway/BRCL and committed to his charge for the

purpose of the works and shall be responsible for all damage or loss caused by him, his

agents, permitted subcontractor, or his workmen or others while they are in his charge.

The Contractors shall sign accountable receipts for tools, plants and materials made over

to him by the engineer and on completion of the works shall hand over the unused

balance of the same to the Engineer in good order and repair, fair wear and tear

excepted, and shall be responsible for any failure to account for the same or any damage

33.(2) Hire of BRCL / Railway’s Plant:- The BRCL may hire to the Contractor such plant

as concrete mixers, compressors and portable engines for use during execution of the

works on such terms as may be specified in the special conditions or in a separate

agreement for Hire of Plant.

34. (1) Precaution during progress of works: - D u r i n g the execution of works, unless

otherwise specified, the Contractor shall at his own cost provide the materials for and

execute all shoring, timbering and strutting works as is necessary for the stability and

safety of all structures, excavations and works and shall ensure that no damage, injury

or loss is caused or likely to be caused to any person or property.

34.(2) Roads and Water courses:- Existing roads or water courses shall not be blocked, cut

through, altered, diverted or obstructed in any way by the Contractor, except with the

permission of the Engineer. All compensations claimed for any unauthorized closure,

cutting through, alterations, diversion or obstruction to such roads or water courses by

the Contractor or his agent or his staff shall be recoverable from the Contractor by

deduction from any sums which may become due to him in terms of contract, or

otherwise according to law.

34.(3) Provision of access to premises:- During progress of work in any street or thoroughfare,

the Contractor shall make adequate provision for the passage of traffic, for securing safe

access to all premises approached from such street or thoroughfare and for any

drainage, water supply or means of lighting which may be interrupted by reasons of

the execution of the works and shall react and maintain at his own cost barriers, lights

and other safeguards as prescribed by the Engineer, for the regulation of the traffic, and

provide watchmen necessary to prevent accidents. The works shall in such cases be

executed night and day if so ordered by the Engineer and with such vigour so that the

traffic way be impeded for as short a time as possible.

34.(4) Safety of Public:- The Contractor shall be responsible to take all precautions to ensure

the safety of the public whether on public or BRCL/Railway property and shall post

such look out men as may in the opinion of the Engineer be required to comply with

regulations pertaining to the work.

36.(1) Suspension of works:- The Contractor shall on the order of the Engineer, suspend the

progress of the works or any part thereof for such time or times and in such manner

as the Engineer may consider necessary and shall during such suspension properly

protect and secure the work so far as is necessary in the opinion of the Engineer. If such

suspension is:-

(a) Provided for in the contract, or

(b) Necessary for the proper execution of the works or by the reason of weather

conditions or by some default on the part of the Contractor, and/or

(c) Necessary for the safety of the works or any part thereof.

(d) Necessary for the safety of adjoining public or other property or safety of the public or

workmen or those who have to be at the site, or

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(e) Necessary to avoid disruption of traffic and utilities, as also to permit fast repair and

restoration of any damaged utilities, or

(f) Due to instruction of The National Green Tribunal or any other statutory authority due

to high level of pollution in the city of worksite.

36.(2) The Contractor shall not be entitled to the extra costs, if any, incurred by him during

the period of suspension of the works, but in the event of any suspension ordered by

the Engineer for reasons other than aforementioned and when each such period of

suspensions exceeds 14 days, the contractor shall be entitled to such extension of time

for completion of the work as the Engineers may consider proper having regard to the

period or periods of such suspensions and to such compensations as the Engineer may

consider reasonable in respect of salaries or wages paid by the Contractor to his

employees during the periods of such suspension.

36.(3) Suspension lasting more than 3 months:- If the progress of the works or any part

thereof is suspended on the order of the Engineer for more than three months at a time,

the Contractor may serve a written notice on the Engineer requiring permission within

15 days from the receipt thereof to proceed with the works or that part thereof in

regard to which progress is suspended and if such permission is not granted within

that time the Contractor by further written notice so served may, but is not bound to,

elect to treat the suspension where it affects part only of the works as an omission of

such part or where it affects the whole of the works, as an abandonment of the contract

37. Rates for items of works:- The rates, entered in the accepted Schedule of Rates of the

Contract are intended to provide for works duly and properly completed in accordance

with the general and special (if any) conditions of the contract and the specifications

and drawings together with such enlargements, extensions, diminutions, reductions,

alterations or additions as may be ordered in terms of Clause 42 of these conditions and

without prejudice to the generality thereof and shall be deemed to include and cover

superintendence and labour, supply, including full freight, of materials, stores,

patterns, profiles, moulds, fittings, centring, scaffolding, shoring props, timber,

machinery, barracks, tackle, roads, pegs, posts, tools and all apparatus and plant

required on the works, except such tools, plant or materials as may be specified in the

contract to be supplied to the Contractor by the BRCL, the erection, maintenance

and removal of all temporary works and, buildings, all watching, lighting, bailing,

pumping and draining, all prevention of or compensation for trespass, all barriers and

arrangements for the safety of the public or of employees during the execution of works,

all sanitary and medical arrangements for labour camps as may be prescribed by the

BRCL, the setting of all work and of the construction, repair and upkeep of all centre

lines, bench marks and level pegs thereon, site clearance, all fees duties, royalties, rent

and compensation t o owners for surface damage or taxes and impositions payable to

local authorities in respect of land, structures and all material supplied for the work or

other duties of expenses for which the Contractor may become liable or may be put to

under any provision of law for the purpose of or in connection with the execution of the

contract, and all such other incidental charges or contingencies as may have been

specially provided for in the specifications.

39.(1) Rates for extra items of works:- Any type of work carried out by the Contractor on

the instructions of the Engineer which is not included in the accepted schedules of rates

shall be executed at the rates set forth in the “Schedule of Rates of Railway” modified by

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the tender percentage and for such items are not contained in the latter, at the rate agreed

upon between the Engineer and the Contractor before the execution of such items of

work and the Contractors shall be bound to notify the Engineer at least seven days

before the necessity arises for the execution of such items of works that the accepted

schedule of rates does not include rate or rates for the extra work involved. The rates

payable for such items shall be de c i de d at the meeting to be held between the Engineer

and Contractor, in as short a period as possible after the need for the special item has come

to the notice. In case the Contractor fails to attend the meeting after being notified to do

so or in the event of no settlement being arrived at, the BRCL shall be entitled to execute

the extra works by other means and the Contractor shall have no claim for loss or damage

that may result from such procedure.

The assessment of rates for extra items shall be arrived at based on the prevailing rates

and by taking guidance from the following documents in order of priority:-

(i) Analysis of Unified Schedule of Rates of Indian Railways

(ii) Analysis of Delhi Schedule of Rates issued by CPWD

(iii) Market Analysis

39.(2) Provided that if the Contractor commences work or incurs any expenditure in regard thereto

before the rates as determined and agreed upon as lastly hereunto fore- mentioned, then

and in such a case the Contractor shall only be entitled to be paid in respect of the work

carried out or expenditure incurred by him prior to the date of determination of rates as

aforesaid according to the rates as shall be fixed by the Engineer. However if the

Contractor is not satisfied with the decision of the Engineer in this respect he may appeal

to the Chief Engineer/Cheif Executive Officer. within 30 days of getting the decision of

the Engineer, supported by analysis of the rates claimed. The Chief Engineer’s/ Cheif

Executive Officer.'s decision after hearing both the parties in the matter would be final and

binding on the Contractor and the BRCL.

40. (1) Handing over of works: - The Contractor shall be bound to hand over the works executed

under the contract to the D FC C I L complete in all respects to the satisfaction of the

Engineer. The Engineer shall determine the date on which the work is considered to have

been completed, in support of which his certificate shall be regarded as sufficient

evidence for all purposes. The Engineer shall determine from time to time, the date on

which any particular section of the work shall have been completed, and the contractor

shall be bound to observe any such determination of the Engineer.

40.(2) Clearance of site on completion:- On completion of works, the Contractor shall clear

away and remove from the site all constructional plant, surplus materials, rubbish and

temporary works of every kind and leave the whole of the site and works clean and in a

workman like condition to the satisfaction of the Engineer. No final

payment in settlement of the accounts for the works shall be paid, held to be due or

shall be made to the, Contractor till, in addition to any other condition necessary for

final payment, site clearance shall have been affected by him, and such clearance may

be made by the Engineer at the expense of the Contractor in the event of his failure

to comply with this provision within 7 days after receiving notice to that effect. Should

it become necessary for the Engineer to have the site cleared at the expenses of the

Contractor, the BRCL shall not be held liable for any loss or damage to such of the

Contractor’s property as may be on the site and due to such removal there from which

removal may be effected by means of public sales of such materials and property or in

such a way as deemed fit and convenient to the Engineer.

Clause 40A: At the final stage of completion and commissioning of work, in case the contractor’s

failure is limited to only some of the works costing not more than 2% of the original

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contract value, and the Contractor request the engineer that such works may be

offloaded from him and got executed through another agency and additional cost

incurred, if any, should be recovered from his dues; the Engineer on being convinced

that the anticipated additional cost for such works will not be substantial and can be

recovered from the dues of the contractor and that such offloading will help in

completion and commissioning of work, may agree to such offloading without any

adverse repercussion on the performance guarantee and security deposit of the

Contractor. However, the Engineer will not be under any compulsion to agree to such a

request. Further, before issuing letter of acceptance to another agency for such work, the

Contractor shall be informed of the rates at which the work will be got executed and the

Contractor should give his consent to do so and certify that he would have no future

claim on this account and that the extra expenditure so incurred, if any, by the Engineer

in getting the offloaded work done, shall be recovered from subsequent Bills or any

other dues of the Contractor. In case the Contractor fails to give such consent within

three working days, the Engineer may treat the same as not acceptable to Contractor and

proceed accordingly. In any case, Railway/BRCL shall deduct 10% of cost of such work

or Rs one lakh whichever is lower, from the Contractor’s dues as administrative charges

for the process of finalizing new agency for such work irrespective of whether or not

such work is finally offloaded from Contractor or not.

VARIATIONS IN EXTENT OF CONTRACT

41. Modification to contract to be in writing: - In the event of any of the provisions of the

contract requiring to be modified after the contract documents have been signed, the

modifications shall be made in writing and signed by the BRCL and the Contractor

and no work shall proceed under such modifications until t h i s h a s b e e n d o n e . Any

verbal or written arrangement abandoning, modifying, extending, reducing or

supplementing the contract or any of the terms thereof shall be deemed conditional

and shall not be binding on the BRCL unless and until the same is incorporated in a

formal instrument and signed by the BRCL and the Contractor, and till then the BRCL

shall have the right to repudiate such arrangements.

42.(1) Powers of modification to contract:- The Engineer on behalf of the BRCL shall be

entitled by order in writing to enlarge or extend, diminish or reduce the works or make

any alterations in their design, character position, site, quantities, dimensions or in

the method of their execution or in the combination and use of materials for the

execution thereof or to order any additional work to be done or any works not to be

done and the contractor will not be entitled, to any compensation for any

increase/reduction in the quantities of work but will be paid only for the actual amount

of work done and for approved materials supplied against a specific order.

42.(2) (i) Unless otherwise specified in the contract, the accepted variation in quantity of each

individual item of the contract would be up to 25% of the quantity originally

contracted, except in case of foundation work.

(ii) The contractor shall be bound to carry out the work at the agreed rates and shall not

be entitled to any claim or any compensation whatsoever up to the limit of

25% variation in quantity of individual item of works.

(iii) In case an increase in quantity of an individual item by more than 25% of the

agreement quantity is considered unavoidable, then same shall be executed at

following rates.

(a) Quantities operated in excess of 125% but upto 140% of the agreement quantity of

the concerned item, shall be paid at 98% of the rate awarded for that item in that

particular tender;

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(b) Quantities operated in excess of 140% but upto 150% of the agreement quantity of

the concerned item shall be paid at 96% of the rate awarded for that item in that

particular tender;

(c) Variation in quantities of individual items beyond 150% will be avoided and would

be permitted only in exceptional unavoidable circumstances and shall be paid at 96%

of the rate awarded for that item in that particular tender.

(d) Variation to quantities of Minor Value Item:

The limit for varying quantities for minor value items shall be 100% (as against

25% prescribed for other items). A minor value item for this purpose is defined as

an item whose original agreement value is less than 1 % of the total original

agreement value.

d.(i) Quantities operated upto and including 100% of the agreement quantity of the

concerned minor value item, shall be paid at the rate awarded for that item

in that particular tender;

d.(ii) Quantities operated in excess of 100% but upto 200% of the agreement

quantity of the concerned minor value item, shall be paid at 98% of the rate

awarded for that item in that particular tender;

d.(iii) Variation in quantities of individual minor value item beyond 200% will be

avoided and would be permitted only in exceptional unavoidable

circumstances and shall be paid at 96% of the rate awarded for that item in that

particular tender.

(iv) In case of earthwork, the variation limit of 25% shall apply to the gross quantity of

earthwork and variation in the quantities of individual classifications of soil shall not

be subject to this limit.

(iv) In case of foundation work, no variation limit shall apply and the work shall be carried

out by the Contractor on agreed rates irrespective of any variation.

(v) As far as SOR items are concerned, the limit of 25% would apply to the value of SOR

schedule as a whole and not on individual SOR items. However, in case of NS items,

the limit of 25% would apply on the individual items irrespective of the manner of

quoting the rate (single percentage rate or individual item rate).

42.(3) Valuation of variations:- The enlargements, extensions, diminution, reduction, alterations

or additions referred to in sub-clause (2) of this clause shall in no degree affect the

validity of the contract but shall be performed by the Contractor as provided therein and

be subject to the same conditions, stipulations and obligations as if they had been

originally and expressively included and provided for in the specifications and drawings

and the amounts to be paid therefore shall be calculated in accordance with the accepted

schedule of rates. Any extra items / quantities of work falling outside the purview of the

provisions of sub-clause (2) above shall be paid for at the rates determined under clause-

39 of these conditions.

43. (1) Monthly Statement of Claims: - The Contractor shall prepare and furnish to the

Engineer once in every month an account giving full and detailed particulars of all

claims for any additional expenses to which the Contractor may consider himself

entitled to and of all extra or additional works ordered by the Engineer which he has

executed during the preceding month quarter and no claim for payment for and such

work will be considered which has not been included in such particulars.

43.(2) Signing of “No Claim” Certificate:- The Contractor shall not be entitled to make

any claim whatsoever against the BRCL under or by virtue of or arising out of this

contract, nor shall the BRCL entertain or consider any such claim, if made by the

Contractor, after he shall have signed a “No Claim” Certificate in favour of the BRCL

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in such form as shall be required by the BRCL after the works are finally measured

up. The contractor shall be debarred from disputing the correctness of the items covered

by “No Claim” Certificate or demanding a clearance to arbitration in respect thereof.

MEASUREMENTS, CERTIFICATES AND PAYMENTS

44. Quantities in schedule annexed to Contract: - The quantities set out in the accepted schedule

of rates with items of works quantified are the estimated quantities of the works and

they shall not be taken as the actual and correct quantities of the work to be executed

by the Contractor in fulfilment of his obligations under the contract.

45.(i) Measurement of works by Railways /BRCL :- The Contractor shall be paid for the works

at the rates in the accepted schedule of rates and for extra works at rates determined

under Clause 39 of these conditions on the measurements taken by the Engineer or the

Engineer’s representative in accordance with the rules prescribed for the purpose by

the BRCL. The quantities for items the unit of which in the accepted schedule of rates is

100 or 1000 shall be calculated to the nearest whole number, any; fraction below half

being dropped and half and above being taken as one; for items the unit of which in the

accepted schedule of rates is single, the quantities shall be calculated to two places of

decimals. Such measurements will be taken of the work in progress from time to time

and at such intervals as in the opinion of the Engineer shall be proper having regard to

the progress of works. The date and time on which “on account” or final measurements

are to be made shall be communicated to the Contractor who shall be present at the site

and shall sign the results of the measurements (which shall also be signed by the Engineer

or the Engineer’s representative) recorded in the official measurements book as an

acknowledgement of his acceptance of the accuracy of the measures. Failing the

Contractor’s attendance the work may be measured up in his absence and such

measurements shall, notwithstanding such absence, be binding upon the Contractor

whether or not he shall have signed the measurement books provided always that any

objection made by him to measurement shall be duly investigated and considered in the

manner set out below:

(a) It shall be open to the Contractor to take specific objection to any recorded

measurements or Classification on any ground within seven days of the date of such

measurements. Any re-measurement taken by the engineer or the Engineer’s

representative in the presence of the Contractor or in his absence after due notice has

been given to him in consequence of objection made by the Contractor shall be final

and binding on the Contractor and no claim whatsoever shall thereafter be entertained

regarding the accuracy and classification of the measurements.

(b) If an objection raised by the Contractor is found by the Engineer to be incorrect the

Contractor shall be liable to pay the actual expenses incurred in measurements.

45.(ii) Measurement of works by Contractor’s Authorised Representative (If so allowed or

(a) The Contractor shall be paid for the works at the rates in the accepted schedule

of rates and for extra works at rates determined under Clause 39 of these conditions

on the measurements taken by the Contractor’s Authorised Engineer in

accordance with the rules prescribed for the purpose by the BRCL. The quantities

for items the unit of which in the accepted schedule of rates is 100 or 1000 shall

be calculated to the nearest whole number, any; fraction below half being dropped

and half and above being taken as one; for items the unit of which in the accepted

schedule of rates is single, the quantities shall be calculated to two places of

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decimals. Such measurements will be taken of the work in progress from time

to time. The date and time on which ‘on account’ or ‘final’ measurements are to

be made shall be communicated to the Engineer.

The date and time of test checks shall be communicated to the contractor who shall

be present at the site and shall witness the test checks, failing the contractor’s

attendance the test check may be conducted in his absence, and such test checks

shall not withstanding such absence be binding upon contractor provided always

that any objection made by contractor to test check shall be duly investigated and

considered in the manner set out below:

(i) It shall be open to the Contractor to take specific objection to test checks of any

recorded measurement within 7 days of date of such test checks. Any re-test

check done by the concerned Railway’s authority in the presence of the

Contractor or in his absence after due notice given to him in consequent of

objection made by the Contractor shall be final and binding on the Contractor

and no claim whatsoever shall thereafter be entertained regarding the accuracy

and classification of the measurements.

(ii) If an objection raised by the Contractor is found by the Engineer to be

incorrect the Contractor shall be liable to pay the actual expenses incurred in

(b)Incorrect Measurement, actions to be taken: If in case during test check or

otherwise, it is detected bt Engineer that agency has claimed any exaggerated

measurement or has claimed any false measurement for the works which have not been

executed; amounting to variation of 5% or more of claimed gross bill amount, action

shall be taken as following:

(i) On first occasion of noticing exaggerated/false measurement, Engineer shall

impose a penalty of 10% of the claimed gross bill value.

(ii) On any next occasion of noticing any exaggerated / false measurement, BRCL

shall impose penalty of 15% of claimed gross bill value. In addition the facility

of recording of measurements by contractor as well as release of provisional

payment shall be withdrawn. Once withdrawn, measurement shall be done by

BRCL as per Clause 45(i) above.

46. (1) “On-Account” Payments:- The Contractor shall be entitled to be paid from time to time by

way of “One-Account” payment only for such works as in the opinion of the Engineer he

has executed in terms of the contract. All payments due on the Engineer’s/Engineer's

Representative's certificates of measurements or Engineer’s certified “Contractor’s

authorized Engineer’s measurements” shall be subject to any deductions which may be

made under these presents and shall further be subject to, unless otherwise required by

Clause 16 of these Conditions, a retention of 6% (Six) by way of Security Deposits, until

the amount of Security Deposit by way of such retentions shall amount to 5% of the total

value of the contract provided always that the Engineer may by any certificate make any

correction or modification in any previous certificate which shall have been issued by him

and that the Engineer may withhold any certificate, if the works or any part thereof are not

being carried out to his satisfaction.

46.(2) Rounding off amounts: - The total amount due on each certificate shall be rounded off

46.(2) Rounding off amounts: - The total amount due on each certificate shall be rounded off

to the nearest rupee i.e. sum less than 50 paise shall be omitted and sums of 50 paise

and more up to Re. 1/- will be reckoned as Re. 1/-.

46.(3) On Account Payments not prejudicial to final settlement: - “On- Account” payments

made to the ‘Contractor shall be without prejudice to the final making up of the accounts

(except where measurements are specifically noted in the Measurement Book as “Final

Measurements” and as such have been signed by the Contractor) and shall in no respect

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

be considered or used as evidence of any facts stated in or to be inferred from such accounts

nor of any particular quantity of work having been executed nor of the manner of its

execution being satisfactory.

46. (4) Manner of Payment : - Unless otherwise specified payments to the Contractor will be

transferred electronically to his bank account.

46A PRICE VARIATION CLAUSE: Not Applicable

47.0 Maintenance of works The Contractor shall at all times during the progress and

continuance of the works and also for the period of maintenance specified in the Tender

Form after the date of issue of the certificate of completion by the Engineer or any other

earlier date subsequent to the completion of the works that may be fixed by the Engineer

be responsible for and effectively maintain and uphold in good substantial, sound and

perfect condition all and every part of the works and shall make good from time to time and

at all times as often as the Engineer shall require, any damage or defect that may during the

above period arise in or be discovered or be in any way connected with the works, provided

that such damage or defect is not directly caused by errors in the contract documents, act

of providence or insurrection or civil riot, and the contractor shall be liable for and shall pay

and make good to the BRCL or other persons legally entitled thereto whenever required by

the Engineer so to do, all losses, damages, costs and expenses they or any of them may

incur or be put or be liable to by reasons or in consequence of the operations of the

Contractor or of his failure in any respect.

48. (1) Certificate of completion of works: - As soon as in the opinion of the Engineer, the works

has been completed and has satisfactorily passed any final test or tests that may be

prescribed, the Engineer shall issue a certificate of completion duly indicating the date of

completion in respect, of the work and the period of maintenance of the work shall

commence from the date of completion mentioned in such certificate. The certificate, inter

alia, should mention that the work has been completed in all respects and that all the

contractual obligations have been fulfilled by contractor and that there is no due from the

contractor to Railways/BRCL against the contract concerned.

The Engineer may also issue such a certificate indicating date of completion with respect to

any part of the work (before the completion of the whole of work), which has been both

completed to the satisfaction of the Engineer and occupied or used by the BRCL. When

any such certificate is given in respect of part of a work, such part shall be considered as

completed and the period of maintenance of such part shall commence from the date of

completion mentioned in the completion certificate issued for that part of the work.

48.(2) Contractor not absolved by completion Certificate:- The Certificate of completion in

respect of the works referred to in sub-clause (1) of this clause shall not absolve the

Contractor from his liability to make good any defects imperfections, shrinkages or faults

which may appear during the period of maintenance specified in the tender arising in

the opinion of the Engineer from materials or workmanship not in accordance with the

drawings or specifications or instruction of the Engineer, which defects, imperfections,

shrinkages or faults shall upon the direction in writing of the Engineer be amended and

made good by the Contractor at his own cost: and in case of default on the part of Contractor

the Engineer may employ labour and materials or appoint another Contractor to amend and

make good such defects, imperfections, shrinkages and faults and all expenses consequent

thereon and incidental thereto shall be borne by the Contractor and shall be recoverable

from any moneys due to him under the contract.

48.(3) Final Supplementary Agreement: After the work is completed or otherwise concluded by

the parties with mutual consent, and taken over by the Railway as per terms and

conditions of the contract agreement, and there is unequivocal no claim on either si de

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

under the Contract other than as mentioned in item 4 of Form No. 24, the parties shall

execute the Final Supplementary Agreement as per Form No.

49.0 Approval only by maintenance Certificate:- No certificate other than maintenance certificate

referred to in Clause 50 of the conditions shall be deemed to constitute approval of any

work or other matter in respect of which it is issued or shall be taken as an admission of

the due performance of the contract or any part thereof or of the accuracy of any claim

or demand made by the Contractor or of additional varied work having been ordered by

the Engineer nor shall any other certificate conclude or prejudice any of the powers of the

50.(1) Completion Certificate: - The Contract shall not be considered as completed until a

Completion Certificate shall have been signed by the Engineer stating that the works

have been completed and maintained to his satisfaction. The Completion Certificate shall

be given by the Engineer upon the expiration of the period of maintenance or as soon

thereafter as any works ordered during such period pursuant to sub clause (2) Clause

of these conditions shall have been completed to the satisfaction of the Engineer and full

effect shall be given to this Clause not with standing the taking possession of or using the

works or any part thereof by the BRCL.

50.(2) Cessation of Railway’s / BRCL Liability: - The BRCL shall not be liable to the

Contractor for any matter arising out of or in connection with the contract of the

execution of the works unless the contractor shall have made a claim in writing in respect

thereof before the issue of the Maintenance Certificate under this clause.

50.(3) Unfulfilled Obligations:- Notwithstanding the issue of the Maintenance certificate

the Contractor and (subject to sub-clause 2 of this clause) the BRCL shall remain liable

for the fulfilment of any obligation incurred under the provision of the contract prior to

the issue of the maintenance Certificate which remains unperformed at the time such

certificate is issued and for the purposes of determining the nature and extent of

any such obligations the contract shall be deemed to remain in force between the parties

51.(1) Final Payment:- - On the Engineer’s certificate of completion in respect of the works,

adjustment shall be made and the balance of account based on the Engineer or the

Engineer’s representative’s certified measurements or Engineer’s certified “Contractor’s

authorised Engineer’s measurements” of the total quantity of work executed by the

contractor upto the date of completion and on the accepted schedule or rates and for

extra works on rates determined under Clause 39 of these conditions shall be paid to the

Contractor subject always to any deduction which may be made under these presents and

further subject to the Contactor having delivered to the Engineer either a full account in

detail of all claims he may have on the BRCL in respect of the works or having delivered

“No Claim Certificate" and the Engineer having after the receipt of such account given a

certificate in writing that such claims are correct, that the whole of the works to be done

under the provisions of the Contracts have been completed, that they have been inspected

by him since their completion and found to be in good and substantial order, that all

properties, works and things, removed, disturbed or injured in consequence of the woks

have been properly replaced and made good and all expenses and demands incurred by or

made upon the BRCL for or in the respect of damage or loss by from or in consequence

of the works, have been satisfied agreeably and in conformity with the contract.

51.(2) Post Payment Audit:- It is an agreed term of contract that the BRCL reserves to itself the

right to carry out a post-payment audit and or technical examination of the works and

the final bill including all supporting vouchers, abstracts etc. and to make a claim on the

contractor for the refund any excess amount paid to him if as a result of such examination

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

any over-payment to him is discovered to have made in respect of any works done or

alleged to have been done by him under the contract.

51A. Production of vouchers etc. by the Contractor:-

(i) For a contract of more than one crore of rupees, the contractor shall, whenever required,

produce or cause to be produced for examination by the Engineer any quotation, invoice,

cost or other account, book of accounts, voucher, receipt, letter, memorandum, paper of

writing or any copy of or extract from any such document and also furnish information

and returns verified in such manner as may be required in any way relating to the

execution of this contract or relevant for verifying or ascertaining cost of execution of

this contract (the decision of the engineer on the question of relevancy of any

documents, information or return being final and binding in the parties).The contractor

shall similarly produce vouchers; etc., if required to prove to the Engineer, that

materials supplied by him, are in accordance with the specifications laid down in the

(ii) If any portion of the work in a contract of value more than one crore of rupees be

carried out by a sub-contractor or any subsidiary or allied firm or company (as per Clause

7 of the General Conditions of Contract), the Engineer shall have power to secure the

books of such sub-contract or any subsidiary or allied firm or company, through the

contractor, and such books shall be open to his inspection.

(iii) The obligations imposed by sub clause (i) & (ii) above is without prejudice to the

obligations of the contractor under any statute rules or orders binding on the contractor.

52.0 Withholding and lien in respect of sums claimed:- Whenever any claim or claims for

payment of a sum of money arises out of or under the contract against the contractor,

the BRCL shall be entitled to withhold and also have a lien to retain such sum or sums

in whole or in part from the security, if any, deposited by the contractor and for the purpose

aforesaid, the BRCL shall be entitled to withhold the said cash security deposit or the

security if any, furnished as the case may be and also have a lien over the same pending

finalization or adjudication of any such claim. In the event of the security being

insufficient to cover the claimed amount or amounts or if no security has been taken from

the contractor, the BRCL shall be entitled to withhold and have a lien to the extent of the

such claimed amount or amounts referred to supra, from any sum or sums found payable

or which at any time thereafter may become payable to the contractor under the same

contract or any other contract with this or any other BRCL or any Department of the

Central Government pending finalization or adjudication of any such claim.

It is an agreed term of the contract that the sum of money or moneys so withheld or

retained under the lien referred to above, by the BRCL will be kept withheld or retained

as such by the BRCL till the claim arising out of or under the contract is determined by

the arbitrator (if the contract governed by the arbitration clause) or by the competent

court as the case may be and that the contractor will have no claim for interest or damages

whatsoever on any account in respect of such withholding or retention under the lien

referred to supra and duly notified as such to the contractor. For the purpose of this

clause, where the contractor is a partnership firm or a limited company, the BRCL shall be

entitled to withhold and also have a lien to retain towards such claimed amount or amounts

in whole or in part from any sum found payable to any partner/limited company, as the

case may be whether in his individual capacity or otherwise.

52A. Lien in respect of claims in Other Contracts:-

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( i ) Any sum of money due and payable to the contractor (including the security deposit

returnable to him) under the contract may be withheld or retained by way of lien by the

BRCL, against any claim of this or any other BRCL or any other Department of the Central

Government in respect of a payment of a sum of money arising out of or under any other

contract made by the contractor with this or any other Department of the Central

(ii) However, recovery of claims of BRCL in regard to terminated contracts may be made

from the Final Bills, Security Deposits and Performance Guarantees of other contract or

contracts, executed by the contractor. The Performance Guarantees submitted by the

Contractor against other contracts, if required, may be withheld and encashed. In addition,

10% of each subsequent ‘on-account bill’ may be withheld, if required, for recovery of

BRCL/Railways’ dues against the terminated contract .

(iii) It is an agreed term of the contract that the sum of money so withheld or retained

under this clause by the BRCL will be kept withheld or retained as such by the BRCL

till the claim arising out of or under any other contract is either mutually settled or

determined by arbitration, if the other contract is governed by arbitration clause or by

the competent court as the case may be and contractor shall have no claim for interest

or damages whatsoever on this account or on any other ground in respect of any sum

of money withheld or retained under this clause and duly notified as such to the

53.0 Signature on Receipts for Amounts:- Every receipt for money which may become

payable or for any security which may become transferable to the Contractors under

these presents, shall, if signed in the partnership name by anyone of the partners of a

Contractor’s firm be a good and sufficient discharge to the BRCL in respect of the

moneys or security purported to be acknowledged thereby and in the event of death

of any of the Contractor, partners during the pendency of the contract it is hereby

expressly agreed that every receipt by anyone of the surviving Contractor partners shall

if so signed as aforesaid be good a sufficient discharge as aforesaid provided that

nothing in this clause contained shall be deemed to prejudice or effect any claim which

the BRCL may hereafter have against the legal representative of any contractor partner

so dying for or in respect to any breach of any of the conditions of the contract,

provided also that nothing in this clause contained shall be deemed to prejudice or

effect the respective rights or obligations of the Contractor partners and of the legal

representatives of any deceased Contractor partners interse.

54.0 Wages to Labour: -The Contractor shall b e responsible to ensure compliance with

the provision of the Minimum Wages Act, 1948 (hereinafter referred to as the “said Act”)

and the Rules made there under in respect of any employees directly or through petty

contractors or subcontractors employed by him for the purpose of carrying out this

If, in compliance with the terms of the contract, the Contractor supplied any

labour to be used wholly or partly under the direct orders and control of the BRCL

whether in connection with any work being executed by the Contractor or otherwise for

the purpose of the BRCL such labour shall, for the purpose of this clause, still be deemed

to be persons employed by the Contractor.

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If any moneys shall, as a result of any claim or application made under the said Act be

directed to be paid by the BRCL, such money shall be deemed to be moneys paid by it

as aforesaid within seven days after the same shall have been demanded, the

Railway/BRCL shall be entitled to recover the same form any moneys due or accruing

to the Contractor under this or any other Contract with the BRCL.

54A. Apprentices Act: - The contractor shall be responsible to ensure compliance with the

provisions of the Apprentices Act, 1961 and the Rules and Orders issued there under

from time to time in respect of apprentices directly or through petty contractors or sub-

contractors employed by him for the purpose of carrying out the Contract.

If the contractor directly or through petty contractors or sub-contractors fails to

do so, his failure will be a breach of the contract and the BRCL m a y , in its discretion,

rescind the contract. The contractor shall also be liable for any pecuniary liability

arising on account of any violation of the provisions of the Act.

55.0 P r o v i s i o n s of payments of Wages Act: - T h e Contractor shall comply with the

provisions of the Payment of Wages Act, 1936 and the rules made there under in

respect of all employees employed by him either directly or through petty contractors

or sub-contractors employed by him in the works. If In compliance with the terms of

the contract, the Contractor directly or through petty contractors of sub-contractors

shall supply any labour to be used wholly or partly under the direct orders and control

of the Engineer whether in connection with the works to be executed hereunder or

otherwise for the purpose of the Engineer such labour shall never the less be deemed to

comprise persons employed by the contractor and any mone ys which may be ordered

to be paid by the Engineer shall be deemed to be moneys payable by the Engineer on

behalf of the Contractor and the Engineer may on failure of the contractor to repay such

money to the Railways/BRCL deduct the same from moneys due to contractor in the

terms of contract. The BRCL shall be entitled to deduct from any moneys due to the

contractor (whether under this contract or any other contract) all moneys paid or

payable by the BRCL by the way of compensation of aforesaid or for costs of expenses

in connection with any claim thereto and the decision of the Engineer upon any question

arising out of the effect or force of this clause shall be final and binding upon the

55A. Provisions of Contract labour (Regulation and Abolition) Act, 1970:

55A.(1) The contractor shall comply with the provision of the contract labour (Regulation and

Abolition) Act, 1970 and the Contract labour (Regulation and Abolition) Central Rules

1971 as modified from time to time, wherever applicable and shall also indemnify the

BRCL from and against any claims under the aforesaid Act and the Rules.

55A.(2) The Contractor shall obtain a valid licence under the aforesaid Act as modified from time

to time before the commencement of the work and continue to have a valid licence until

the completion of the work. Any failure to fulfil the requirement shall attract the penal

provision of the Act.

55A. (3)The Contractor shall pay to the labour employed by him directly or through sub-

contractors the wages as per provision of the aforesaid Act and the Rules wherever

applicable. The Contractor shall notwithstanding the provisions of the contract to the

contrary, cause to be paid the wages to labour indirectly engaged on the works including

any engaged by subcontractors in connection with the said work, as if the labour had

been immediately employed by him.

55A.(4) In respect of all labour directly or indirectly employed in the work for performance of the

contractor’s part of, the contract, the Contractor shall comply with or cause to be

complied with the provisions of the aforesaid Act and Rules wherever applicable.

55A.(5) In every case in which, by virtue of the provisions of the aforesaid Act or the Rules,

the BRCL is obliged to pay any amount of wages to a workman employed by the

Contractor or his sub-contractor in execution of the work or to incur any expenditure

Tender No. BRCL/Transaction Advisor/Miscellaneous Civil Works/2026-27/T-34

on account of the Contingent, liability of the BRCL due to the contractor’s failure to fulfil

his statutory obligations under the aforesaid Act or the rules the BRCL will recover from

the Contractor, the amount of wages so paid or the amount of expenditure so incurred, and

without prejudice to the rights of the BRCL under the section 20, sub-section (2) and

section 2, sub-section (4) of the aforesaid Act, the BRCL shall be at liberty to recover

such amount or part thereof by deducting it from the security deposit and/ or from any

sum due by the BRCL to the contractor whether under the contract or otherwise. The

BRCL shall not be bound to contest any claim made against it under sub-section (1) of

section 20 and sub-section (4) of section 21 of the aforesaid Act except on the written

request of the contractor and upon his giving to the BRCL full security for all costs for

which the BRCL might become liable in contesting such claim. The decision of the

BRCL regarding the amount actually recoverable from the contractor as stated above

shall be final and binding on the Contractor.

55B. Provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952:

The Contractor shall comply with the provisions of Para 30 & 36 -B of the Employees

Provident Fund Scheme, 1952; Para 3 & 4 of Employees’ Pension Scheme, 1995; and

Para 7 & 8 of Employees Deposit Linked Insurance Scheme, 1976; as modified from

time to time through enactment of “Employees Provident Fund & Miscellaneous

Provisions Act, 1952”, wherever applicable and shall also indemnify the BRCL

from and against any claims under the aforesaid Act and the Rules.

55-C(i) Contractor is to abide by the provisions of various labour laws in terms of above