Augmentation of traction power transformers at bhandara and Mulmarora TSS

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

Must have A-Class valid Electrical Contractor's license (ECL) in the nameof Firm or Contractor. In case existing ECL is not valid on the date ofopening of tender, documentary proof regarding renewal shall besubmitted along with the tender document.

The tenderer must have successfully completed or substantially completed any one of the following categories of work(s) during last 07 (seven) years, ending last day of month previous to the one in which tender is invited: -Three similar works costing not less than the amount equal to 30% of advertised value of the tender, or -Two similar works costing not less than the amount equal to 40% of advertised value of the tender, or -One similar work costing not less than the amount equal to 60% of advertised value of the tender.

Definition: -The similar work is defined as "Maintenance /Rehabilitation/Overhauling of 12.5 MVA/21.6 MVA or higher capacity traction transformer from sources approved by RDSO" Note: The tenderer should be OEM/Approved source of RDSO for traction transformer.

(Note: Work experience certificate from private individual shall not be considered. However, in addition to work experience certificates issued by any Govt. Organization, work experience certificate issued by Public listed company having average annual turn over 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 5 years prior to the date of opening of tender, shall also be considered provided the work experience certificate 2.1.1 has been issued by a person authorized by the Public listed company to issue such certificates. 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).

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

General conditions of the contract and specification for materials and works are laid down in Indian Railways Standard General Conditions of Contract - April 2022, corrected upto date which can be seen at the office of Sr.Divi.Elect.Engineer(G) S.E.C.Railway,Nagpur, on any working day.

The tenderer(s) shall quote his/their rates inclusive of all charges including all taxes levied by the union of India or State Government including sales tax etc.

If the work is cancelled before the commencement or is terminated during execution in accordance with the condition prescribed in Indian Railways Standard General Conditions of Contract - April 2022, with correction slip upto date. The railway administration reserves the right to invite fresh tenders for the whole or any portion of work.

The work will be carried out on a fixed programme approved by the Sr.Divl. Elect. Engineer. The method and system of carrying out the work will be described by him or his representative.

Deduction of Income tax at source at the rated of 2% shall be made from the contractor's bill in terms of provision in section 194-C of the Income TaxAct-1961.

The contractor shall employ the following Qualified Engineers during the execution of his work) One graduate Engineer when the cost of the work to be executed is Rs 200 lakhs and above. ii)One qualified Diploma Holder (Junior Engineer) when the post of works to be executed is more than Rs 25 lakhs to 200 lakhs Technical staff should be available at the site whenever required by the engineer incharge to take instructions in case the contractors fail to employ qualified engineer as aforesaid he shall be liable to pay a reasonable amount not exceeding a sum of Rs 40,000/- (Rupees Two thousand only) for each month of default or part thereof in case of graduate Engineer and Rs 25000/- (Rupees One thousand only) for each month of default or part thereof in case of Diploma Holder.( Authority-RB letter No.2012/CE-I/CT/O/20 dated 10.05.13)

Tenderers are required to submit authority letter for signing of tender bid/papers with electronic bid. Papers related to formation of firm i.e. proprietor ship/partnership bid/Pvt. Ltd. etc. if any shall be submitted.

List of work on hand indicating description of works, contract value, approximate value of balance work yet be done and date of award (Supportive documents/ certificates form organizations with whom tenderer is working should be enclosed).

If the tenderer(s) deliberately gives / give wrong information in his / their tender or creates / create circumstances for the acceptance of his / their tender, the Railway reserves the right to reject such tender at any stage.

Execution of Contract Documents: The successful Tenderer(s) shall be required to execute an agreement with the President of India acting through the Sr.DEE(G)/SECR/NGP, South East Central Railway for carrying out the work according to Standard General Conditions of Contract, Special Conditions / Specifications annexed to the tender and Standard Specifications for (Works and Materials) of Railway as amended/corrected upto latest correction slips, mentioned in tender form (First Sheet).

Participation of Partnership Firms in works tenders : Participation of Partnership Firms in works tenders will be governed by as per Indian Railway GCC, april 2022.

(1)Execution Co-Relation and Intent of Contract Documents: as per latest GCC april 2022.

(1)Law Governing the Contract: The contract shall be governed by the law for the time being in force in the Republic of India. (2)Compliance to Regulations and Bye-Laws: The Contractor shall conform to the provision of any statute relating to the works and regulations and bye-laws of any local 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 reason 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.

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 Chief Engineer. Any breach of this condition shall entitle the Railway to rescind the contract under Clause 62 of these Conditions and also render the Contractor liable for payment to the Railway 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. The permitted subletting of work by the Contractor shall not establish any contractual relationship between the sub-contractor and the Railway and shall not relieve the Contractor of any responsibility under the Contract. The subcontractor ahsll have succefully completed at least bne work similar to work propsed for subcontract in last 5 years , endinbg date of sub,ission of proposal by contytactor to railway, costiung not less than 35% value of work to be subletted through a work contract as per GCC april 2022.

Indemnity by Contractors: The Contractor shall indemnify and save harmless the Railway 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 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.

The Security Deposit shall be 5% of the contract value. The Bid Security submitted by the Contractor with his tender will be retained/encashed by the Railways as part of security for the due and faithful fulfillment of the contract by the Contractor. Provided further that, if Contractor submits the Cash or Term Deposit Receipt issued from a Scheduled commercial bank of India or irrevocable Bank Guarantee Bond from a Scheduled commercial bank of India, either towards the Full Security Depositor the Part Security Deposit equal to or more than Bid Security, the Railway shall return the Bid Security, to the Contractor. Balance of Security Deposit may be deposited by the Contractor in cash or Term Deposit Receipt issued from Scheduled commercial bank of India or irrevocable Bank Guarantee bond issued from Scheduled commercial bank of India, or may be recovered at the rate of 6% of the bill amount till the full Security Deposit is recovered. Provided also that in case of defaulting Contractor, the Railway may retain any amount due for payment to the Contractor on the pending "on account bills" so that the amounts so retained (including amount guaranteed through Performance Guarantee) may not exceed 10% of the total value of the contract. The Irrevocable Bank Guarantee submitted towards Security deposit shall be initially valid up to the stipulated date of Maintenance period plus 60 days and shall be extended from time to time, depending upon extension of contract granted in terms of Clause 17A and 17B of the Standard General Conditions of Contract. Note: Security Deposit deposited in cash by the Contractor or recovered from the running bills of a Contractor or submitted by contractor as Term Deposit Receipt(s) can be refunded/returned to the contractor, in lieu of irrevocable Bank Guarantee bond issued from scheduled commercial bank of India, to be submitted by him, for an amount equal to or more than the already available Security Deposit, provided however that, in a contract of value less than Rs. 50 Crore, such refund/ return of the already available Security Deposit is permitted up to two times and in a contract of value equal to or more than Rs. 50 Crore, such refund / return of the already available Security Deposit is permitted up to three times.

(i) Refund of Security Deposit: Security Deposit mentioned in sub clause (1) above shall be returned to the Contractor after the following: (a)Final Payment of the Contract as per clause 51. (1) and (b)Signature of Final Supplementary Agreement or Certification by Engineer that Railway has No Claim on Contractor and (c)Issue of Maintenance Certificate on expiry of the maintenance period as per clause 50.(1). (2) (ii) Forfeiture of Security Deposit: Whenever the contract is rescinded as a whole under clause 62 (1) of these conditions, the Security Deposit already with railways under the contract shall be forfeited. However, in case the contract is rescinded in part or parts under clause 62 (1) of these conditions, the Security Deposit shall not be forfeited.

No interest shall be payable upon the Bid Security 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.

Performance Guarantee: The procedure for obtaining Performance Guarantee is outlined below:

(a) The successful bidder shall have to submit a Performance Guarantee (PG) within 21 (Twenty one) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 21 (Twenty one) days and upto 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 12% per annum shall be charged for the delay beyond 21(Twenty one) days, i.e. from 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 Railway, submission of PG can be accepted on the next working day. In all other cases, if the Contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract is liable to be terminated. In case contract is terminated railway shall be entitled to forfeit Bid Security and other dues payable 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 and the PG shall be valid up to original DOC + 60days.

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

The successful bidder shall submit the Performance Guarantee(PG) amounting to 5% of the original contract value andAdditional Performance Guarantee as per clause 16(4)(h)in anyof the following forms:- (i) A deposit of Cash; (ii)Irrevocable BankGuarantee; (iii) Insurance Surety Bond as per Annexure - XVIINote:- In case of extension of Date of Completion, selectedbidder needs to submit extended insurance Surety Bond/FreshInsurance Surety Bond/fresh Performance Security, in any formas given above, before expiry of existing Insurance SuretyBond. (iv) Government Securities including State Loan Bonds at5% below the market value; (v) Pay Orders and Demand Draftstendered by any Scheduled Commercial Bank of India; (vi)Guarantee Bonds executed or Deposits Receipts tendered byany Scheduled Commercial Bank of India; (vii) Deposit in thePost Office Saving Bank; (viii) Deposit in the National SavingsCertificates; (ix) Twelve years National Defence Certificates; (x)Ten years Defence Deposits; (xi) National Defence Bonds and(xii) Unit Trust Certificates at 5% below market value or at theface value whichever is less. Also, FDR in favour of FA&CAO(free from any encumbrance) may be accepted.

16(4)(h) of Part-II of GCC-22 - If a tender is accepted on thequoted rates of bidder which is below the advertised tendervalue, an additional performance security shall be 19.3.1 submitted bythe bidder as below:- Bid quoted in % of advertised cost -Additional PG(%) below 0-5%(Inclusive ) - NIL, Below 5% - 5%

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 acts 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 or 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 120 days, either party may at its option terminate the contract by giving notice to the other party.

Extension of Time in Contracts: Time extension will be given as per Indian Railways Standard General Conditions of Contract, april 2022 with correction up to date.

Extension of Time for delay due to Contractor: will be given as per Indian Railways Standard General Conditions of Contract, april 2022.. Rate of penalty will be applicable mentioned in Indian Railways Standard General Conditions of Contract, april 2022 corrected upto date.

(1)Illegal Gratification: Procuring authorities as well as bidders,contractors and consultants should observe the higheststandard of ethics and should not indulge in the followingprohibited practices, either directly or indirectly, at any stageduring the procurement process or during execution of resultantcontracts: i) "Corrupt practice": making offers,solicitation oracceptance of bribe, rewards or gifts or any material benefit, inexchange for an unfair advantage in the procurement process orthe otherwise influence the procurement Process or contractexecutionl ii)"Fraudulent practice": any omission ormisrepresentation that may mislead or attempt to mislead sothat financial or other benefits may be obtained or an obligationavoided. This includes making false declaration or providingfalse information for participation in a tender process or tosecure a contract or in execution of the contract;iii)"Anticompetitive practice": any collusion, bid rigging oranticompetitive arrangement, or any other practice comingunder the purview of The Competition Act, 2002, between twoor more bidders, with or without the knowledge of procuringentity, that may impair the transparency, fairness and theprogress of the procurement process or to establish bid pricesat artificial, noncompetitive levels; iv) "Coercive practice": anycoercion or any threat to impair or harm, directly or indirectly,any party or its property to influence the procurement processor affect the execution of a contract; v) "Conflict of interest"(COt): any personal, financial, or business relationship betweenthe bidder and any personnel of the procuring entity who aredirectly or indirectly related to the procurement or executionprocess of the contract, which can affect the decision of theprocuring entity directly or indirectly; vi)"Undue Advantage":improper use of information obtained by the bidder from theprocuring entity with an intent to gain an unfair advantage inthe procurement process or for personal gain. This also includesif the bidder (or his allied firm) provided services for the needassesment /procurement planning of the tender process inwhich he is participating; vii) "Obstructive practice": materiallyimpede the procuring enfity's investigation of a procurementprocess either by deliberately destroying, falsifying, altering; orby concealing of evidence material to the investigation; or bymaking false statements or by threatening, harassing orintimidating any party to prevent it from disclosing itsknowledge of matters relevant to such investigation or frompursuing the investigation; or by impeding the procuring entity'srights of audit or access to information;

Punitive Provisions: Without prejudice to and in addition to therights of the procuring entity to other penal provisions as perthe bid documents or contract, if the procuring entity comes toa conclusion that a (prospective) bidder/ contractor directly orthrough an agent, has violated this code of integrity incompeting for the contract or in executing a contract, theprocuring entity may take appropriate measures including oneor more of the following: i)If his bids are under consideration inany procurement a) Forfeiture or encashment of bid security; b)calling off of any pre-contract negotiations; and c) rejection andexclusion of the bidder from the procurement process ii)If acontract has already been awarded a)Cancellation of therelevant contract and recovery of compensation for lossincurred by the procuring entity; b)Forfeiture or encashment ofany other security or bond relating to the procurementc)Recovery of payments including advance payments, if any,made by the procuring entity along with interest thereon at theprevailing rate; iii)Provisions in addition to above: a)Removalfrom the list of enlisted contractors and banning/ debarmentofthe bidder from participation in future procurements of theprocuring entity for a period not less than one year b)In case ofanti-competitive practices, information for further processingmay be filed under a signature of the Joint Secretary leveloflicer, with the Competition Commission of India; c)Initiation ofsuitable disciplinary or criminal proceedings against anyindividual or staff found responsible. Any question or dispute asto the commission of anv such offence or compensation payableto the Railway under this Clause shall be settled by the GeneralManager of the Railway, in such a manner as he shall considerfit & sufficient and his decision shall be final & conclusive.

EXECUTION OF WORKS

(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 check these at frequent intervals. The Contractor shall provide all facilities like labour and instruments and shall co-operate with the Engineer's representative for checking of all alignment, grades, levels and dimensions. If, at any time, during the progress of the works any error 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.

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, or (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 (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.

Variation in extent of contract shall be done as per Indian Railways Standard General Conditions of Contract, clause no. 41, 42(i), 43(3) April 2022, corrected upto date.

CLAIMS

(1) Quarterly Statement of Claims: The Contractor shall prepare and furnish to the Engineer once in every quarter commencing from the month following the month of issue of Letter of Acceptance, 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 such work will be considered which has not been included in such particulars.

(2)Signing of "No Claim" Certificate : The Contractor shall not be entitled to make any claim whatsoever against the Railway under or by virtue of or arising out of this contract, nor shall the Railway entertain or consider any such claim, if made by the Contractor, after he shall have signed a "No Claim" Certificate in favour of the Railway in such form as shall be required by the Railway after the works are finally measured up. The Contactor shall be debarred from disputing the correctness of the items covered by "No Claim" Certificate or demanding a clearance to arbitration in respect thereof.

Validity: Rates accepted by Railway Administration shall hold good till completion of work and no additional individual claim shall be admissible except: (a)Payment/recovery for increase/decrease in GST on works contract or imposition/removal of any tax/cess on Works Contract as per Clause 37, (b)Payment/recovery for overall market situation as per Price Variation Clause given hereunder. (Price Variation Clause (PVC) shall be applicable only in those contracts where tender conditions specifically permits as per GCC April 2022.

Wages to Labour: The Contractor shall be responsible to ensure compliance with the provision of the Minimum Wages Act, 1948 (hereinafter referred to as the "said Act") and the Rules made thereunder in respect of any employees directly or through petty Contractors or sub-contractors employed by him for the purpose of carrying out this contract. 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 Railways whether in connection with any work being executed by the Contractor or otherwise for the purpose of the Railway such labour shall, for the purpose of this Clause, still be deemed to be persons employed by the Contractor. If any moneys shall, as a result of any claim or application made under the said Act be directed to be paid by the Railway, such money shall be deemed to be moneys payable to the Railway by the Contractor and on failure by the Contractor to repay the Railway any moneys paid by it as aforesaid within seven days after the same shall have been demanded, the Railways shall be entitled to recover the same from Contractor's bills/Security Deposit or any other dues of Contractor with the Government of India.

Provisions of Payments of Wages Act: The Contractor shall comply with the provisions of the Payment of Wages Act, 1936 and the rules made thereunder in respect of all employees employed by him either directly or through petty Contractors or sub-contractors in the works. If in compliance with the terms of the contract, the Contractor directly or through petty Contractors or 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 nevertheless be deemed to comprise persons employed by the Contractor and any moneys 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 deduct the same from any moneys due to the Contractor in terms of the contract. The Railway shall be entitled to recover the same from Contractor's bills/Security Deposit or any other dues of Contractor with the Government of India all moneys paid or payable by the Railway by 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 Contractor.

Provisions of Contract Labour (Regulation and Abolition) Act, 1970:

A.(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 Railway from and against any claims under the aforesaid Act and the Rules.

(2)The Contractor shall obtain a valid license under the aforesaid Act as modified from time to time before the commencement of the work and continue to have a valid license until the completion of the work. Any failure to fulfill the requirement shall attract the penal provision of the Act.

A.(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 sub- contractors in connection with the said work, as if the labour had been immediately employed by him.

A.(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

A.(5)In every case in which, by virtue of the provisions of the aforesaid Act or the rules, the Railway 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 on account of the contingent, liability of the Railway due to the Contractor's failure to fulfill his statutory obligations under the aforesaid Act or the rules, the Railway 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 Railway under the Section 20, Sub-Section (2) and Section 2, Sub-Section (4) of the aforesaid Act, the Railway shall be at liberty to recover such amount or part thereof from Contractor's bills/Security Deposit or any other dues of Contractor with the Government of India. The Railway 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 Railway full security for all costs for which the Railway might become liable in contesting such claim. The decision of the Chief Engineer regarding the amount actually recoverable from the Contractor as stated above shall be final and binding on the Contractor.

B. 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 Railway from and against any claims under the aforesaid Act and the Rules.

C (i) Contractor is to abide by the provisions of Payment of Wages act & Minimum Wages act in terms of clause 54 and 55 of Indian Railways General Condition of Contract. In order to ensure the same, an application has been developed and hosted on website 'www.shramikkalyan.indianrailways.gov.in'. Contractor shall register his firm/company etc. and upload requisite details of labour and their payment in this portal. These details shall be available in public domain. The Registration/ updation of Portal shall be done as under: (a)Contractor shall apply for onetime registration of his company/firm etc. in the Shramikkalyan portal with requisite details subsequent to issue of Letter of Acceptance. Engineer shall approve the contractor's registration in the portal within 7 days of receipt of such request. (b)Contractor once approved by any Engineer, can create password with login ID (PAN No.) for subsequent use of portal for all LoAs issued in his favour. (c)The contractor once registered on the portal, shall provide details of his Letter of Acceptances (LoA) / Contract Agreements on shramikkalyan portal within 15 days of issue of any LoA for approval of concerned engineer. Engineer shall update (if required) and approve the details of LoA filled by contractor within 7 days of receipt of such request. (d)After approval of LoA by Engineer, contractor shall fill the salient details of contract labours engaged in the contract and ensure updating of each wage payment to them on shramikkalyan portal on monthly basis. (e)It shall be mandatory upon the contractor to ensure correct and prompt uploading of all salient details of engaged contractual labour & payments made thereof after each wage period. (ii) While processing payment of any 'On Account bill' or 'Final bill' or release of 'Advances' or 'Performance Guarantee / Security deposit', contractor shall submit a certificate to the Engineer or Engineer's representatives that "I have uploaded the correct details of contract labours engaged in connection with this contract and payments made to them during the wage period in Railway's Shramikkalyan portal at 'www.shramikkalyan.indianrailways.gov.in' till ____Month, ____Year."

Provision of Workmen's Compensation Act: In every case in which by virtue of the provisions of Section 12 Sub-Section (1) of the Workmen's Compensation Act 1923, Railway is obliged to pay compensation to a workman directly or through petty Contractor or sub-contractor employed by the Contractor in executing the work, Railway will recover from the Contractor the amount of the compensation so paid, and, without prejudice to the rights of Railway under Section 12 Sub-section (2) of the said Act, Railway shall be at liberty to recover such amount or any part thereof from Contractor's bills/Security Deposit or any other dues of Contractor with the Government of India. Railway shall not be bound to contest any claim made against it under Section 12 Sub-Section (1) of the said Act except on the written request of the Contractor and upon his giving to Railway full security for all costs for which Railway might become liable in consequence of contesting such claim. A.Provision of Mines Act: The Contractor shall observe and perform all the provisions of the Mines Act, 1952 or any statutory modifications or re- enactment thereof for the time being in force and any rules and regulations made thereunder in respect of all the persons directly or through the petty Contractors or sub-contractors employed by him under this contract and shall indemnify the Railway from and against any claims under the Mines Act, or the rules and regulations framed thereunder, by or on behalf of any persons employed by him or otherwise.

DETERMINATION OF CONTRACT : (1) Right of Railway to Determine the Contract: The Railway shall be entitled to determine and terminate the contract at any time should, in the Railway's opinion, the cessation of work becomes necessary owing to paucity of funds or from any other cause whatever, in which case the value of approved materials at site and of work done to date by the Contractor will be paid for in full at the rate specified in the contract. Notice in writing from the Railway of such determination and the reasons therefor shall be conclusive evidence thereof and all other condition related to this will be governed by latest GCC April 2022.

SETTLEMENT OF DISPUTES - INDIAN RAILWAY ARBITRATION AND CONCILIATION RULES : SETTLEMENT OF DISPUTES - INDIAN RAILWAY ARBITRATION AND CONCILIATION RULES will be governed as per Indian Railways Standard General Conditions of Contract, clause no. 63,64, of GCC April 2022 corrected up to date.

Multiple L-1 : In case of more than 1 L-1 bidders, tender may be awarded to tenderer having higher Bid Capacity. In case Bid Capacity is also the same, tenderer having done more value of similar work in last three previous financial years and the current financial year upto the date of opening of the tender, may be selected for the award. Instructions with respect to Bid Capacity will follow.

Bid Security: SGCC clause 5 (1)(a) The tenderer shall berequired to submit the Bid Security with the tender for the dueperformance with the stipulation to keep the offer open till suchdate as specified in the tender, under the conditions of tender.The Bid Security shall be as under:: Value of the Work - BidSecurity For all works- 2% of the estimated cost of the workNote: (i) The Bid Security shall be rounded off to the nearest100. This Bid Security shall be applicable for all modes oftendering. (ii) Any firm recognized by Department of IndustrialPolicy and Promotion (DIPP) as 'Startups' shall be exemptedfrom payment of Bid Security detailed above. (iii) LabourCooperative Societies shall submit only 50% of above BidSecurity detailed above.

2) The Bid Security shall be deposited either in cash throughepayment gateway or submitted as Bank Guarantee bond froma scheduled commercial bank of India or as mentioned in tenderdocuments. The Bank Guarantee bond shall be as perAnnexure- VIA and shall be valid for a period of 90days beyondthe bid validity period. (3) In case, submission of Bid Security inthe form of Bank Guarantee, following shall be ensured: i. Ascanned copy of the Bank Guarantee shall be uploaded on e-Procurement Portal (IREPS) while applying to the tender. ii. Theoriginal Bank Guarantee should be delivered in person to theofficial nominated as indicated in the tender document beforeclosing date for submission of bids(i.e.excluding the last date ofsubmisssion of bids). iii. Non submission of scanned copy ofBank Guarantee with the bid on e-tendering portal (IREPS)and/or non submission of original Bank Guarantee within thespecified period shall lead to summary rejection of bid. iv. TheTender Security shall remain valid for a period of 90 daysbeyond the validity period for the Tender. v. The details of theBG, physically submitted should match with the details availablein the scanned copy and the data entered during bid submissiontime, failing which the bid will be rejected vi. The BankGuarantee shall be placed in an envelope, which shall besealed. The envelope shall clearly bear the identification "Bid forthe ***** Project" and shall clearly indicate the name andaddress of the Bidder. In addition, the Bid Due Date should beindicated on the right hand top corner of the envelope. vii. Theenvelope shall be addressed to the officer and address asmentioned in the tender document. viii. If the envelope is notsealed and marked as instructed above, the Railway assumesno responsibility for the misplacement or premature opening ofthe contents of the Bid submitted and consequent losses, if any,suffered by the Bidder.

The tender/contract will be governed by Standard GeneralCondition of Contract April'2022 duly updated with correctionslips up to date of opening of tender

SGCC clause 39.(1) Rates for Extra Item(s) of Works: (a)Standard Schedule of Rates (SSOR) Items: Any item of workcarried out by the Contractor on the instructions of the Engineerwhich is not included in the accepted Bill(s) of Quantities butfigures in the Standard Schedule of Rates (SSOR), shall beexecuted at the rates set forth in the "Standard Schedule ofRates (SSOR)" modified by the tender percentage as acceptedin the contract for that chapter of Standard Schedule of Rates(SSOR). However, the cumulative value of all such extra item(s)together (modified by the respective tender percentage) shallnot exceed 10 % of the original contract value. For item(s) notcovered in this sub clause, the rate shall be decided as agreedupon between the Engineer and the Contractor before theexecution of such items of work as per sub clause (b). (b) OtherItems: For any item of work to be carried out by the Contractorbut not included in the accepted Bill(s) of Quantities and alsonot covered under sub clause (a) above, the Contractor shall bebound to notify the Engineer at least seven days before thenecessity arises for the execution of such items of works thatthe accepted Bill(s) of Quantities does not include rate or ratesfor such extra work involved. The rates payable for such itemsshall be decided at the meeting to be held between theEngineer and Contractor, in as short a period as possible afterthe need for the special item has come to the notice. In case theContractor fails to attend the meeting after being notified to doso or in the event of no settlement being arrived at, the Railwayshall be entitled to execute the extra works by other means andthe Contractor shall have no claim for loss or damage that mayresult from such procedure.

Tender form is not transferable under any circumstances. Thetenderer/s are advised to furnish the details (i) BeneficiaryName (ii) Account No. (iii) Type of Account (iv) Bank (v) City (vi)Branch (vii) Remarks if any .

SGCC Clause 46A. Price Variation Clause (PVC): 46A.1Applicability: Price Variation Clause (PVC) shall be applicableonly in tender having advertised value above Rs. 2 Crores.Provided further that, in a contract where PVC is applicable,following shall be outside the purview of price adjustments (i.e.shall be excluded from the gross value of the work for thepurpose of price variation) : a) Materials supplied by Railway tothe Contractors, either free or at fixed rate; b) Any extra item(s)included in subsequent variation falling outside the purview ofthe Bill(s) of Quantities of tender, under clause 39. (1) (b) ofthese Standard General Conditions, unless applicability of PVCand 'Base Month' has been specially agreed, while fixing therates of such extra item(s). 46A.2 Base Month: The Base Monthfor 'Price Variation Clause' shall be taken as the one month priorto closing of tender, unless otherwise stated elsewhere. Thequarter for applicability of PVC shall commence from the monthfollowing the Base month. The Price Variation shall be based onthe average Price Index of the quarter under consideration.Price Variation clause (PVC) of Standard General Condition ofContract (SGCC) shall not apply to such a works contract whichis either an Annual Maintenance Contract (AMC) or a Zonalcontracts.

CEs circular No.16, CEs circular No.31 & Revised CEs circularNo.31 and JPO for undertaking of earth work in the vicinity ofcables and other relevant CEs circulars with upto datecorrection slips will be part and parcel of the agreement.whichever executed

SGCC clause 7. Rights of the Railway to deal with Tender: Theauthority for the acceptance of the tender will rest with theRailway. It shall not be obligatory on the said authority to acceptthe lowest tender or any other tender, and tenderer(s) shallneither demand any explanation for the cause of rejection ofhis/ their tender nor the Railway to assign reasons for decliningto consider or reject any particular tender or tenders. 8. If thetenderer(s) deliberately gives / give wrong information in his /their tender or creates / create circumstances for theacceptance of his / their tender, the Railway reserves the rightto reject such tender at any stage. 9. If any partner(s) of apartnership firm expires after the submission of its tender orafter the acceptance of its tender, the Railway shall deem suchtender as cancelled/contract as terminated under clause 61 ofthe Standard General Conditions of Contract, unless the firmretains its character as per partnership agreement. If a soleproprietor expires after the submission of tender or after theacceptance of tender, the Railway shall deem such tender ascancelled / contract as terminated under clause 61 of theStandard General Conditions of Contract.

SGCC clause 10.3 Bid Capacity: The tender/technical bid will beevaluated based on bid capacity formula detailed as Annexure-VI. 10.4 No Technical and Financial credentials are required fortenders having advertised value up to Rs 50 lakh. 10.5Credentials if submitted in foreign currency shall be convertedinto Indian currency i.e., Indian Rupee as under: The conversionrate of US Dollars into Rupees shall be the daily representativeexchange rates published by the Reserve Bank of India or entityauthorized by RBI to do so for the relevant date or immediatelyprevious date for which rates have been published. Where,relevant date shall be as on the last day of month previous tothe one in which tender is invited. In case of any other currency,the same shall first be converted to US Dollars as on the lastday of month previous to the one in which tender is invited, andthe amount so derived in US Dollars shall be converted intoRupees at the aforesaid rate. The conversion rate of suchcurrencies shall be the daily representative exchange ratespublished by the International Monetary Fund for the relevantdate or immediately previous date for which rates have beenpublished. [Explanation for Para 10 of the Tender Form (SecondSheet) including Para 10.1 to 10.5 .

In case of newly formed partnership firm, the credentials ofindividual partners from previous propriety firm(s) or dissolvedprevious partnership firm(s) or split previous artnership firm(s),shall be considered only to the extent of their share in previousentity on the date of dissolution / split and their share in newlyformed partnership firm. For example, a partner A had 30%share in previous entity and his share in present partnershipfirm is 20%. In the present tender under consideration, thecredentials of partner A will be considered to the extent of0.3*0.2*value of the work done in the previous entity. For thispurpose, the tenderer shall submit along with his bid all therelevant documents which include copy of previous partnershipdeed(s), dissolution deed(s) and proof of surrender of PAN No.(s) in case of dissolution of partnership firm(s) etc. 8. In case ofexisting partnership firm, if any one or more partners quit thepartnership firm, the credentials of remaining partnership firmshall be re-worked out i.e., the quitting partner(s) shall takeaway his credentials to the extent of his share on the date ofquitting the partnership firm(e.g. in a partnership firm ofpartners A, B & C having share 30%, 30% & 40% respectivelyand credentials of Rs 10 crore; in case partner C quits the firm,the credentials of this partnership firm shall remain as Rs 6crore). For this purpose, the tenderer shall submit along with hisbid all the relevant documents which include copy of previouspartnership deed(s), dissolution deed(s) and proof of surrenderof PAN No.(s) in case of dissolution of partnership firm(s) etc.

In case of existing partnership firm if any new partner(s) joinsthe firm without any modification in the name and PAN/TAN no.of the firm, the credentials of partnership firm shall getenhanced to the extent of credentials of newly added partner(s)on the same principles as mentioned in item 6 above. For thispurpose, the tenderer shall submit along with his bid all therelevant documents which include copy of previous partnershipdeeds, dissolution/splitting deeds and proof of surrender of PANNo.(s) in case of dissolution of partnership firm etc. 10. Anypartner in a partnership firm cannot use or claim his credentialsin any other firm without leaving the partnership firm i.e., In apartnership firm of A&B partners, A or B partner cannot usecredentials of partnership firm of A&B partners in any otherpartnership firm or propriety firm without leaving partnershipfirm of A&B partners. 11. In case a partner in a partnership firmis replaced due to succession as per succession law, theproportion of credentials of the previous partner will be passedon to the successor. 12. If the percentage share among partnersof a partnership firm is changed, but the partners remain thesame, the credentials of the firm before such modification in theshare will continue to be considered for the firm as it is withoutany change in their value. Further, in case a partner ofpartnership firm retires without taking away any credentialsfrom the firm, the credentials of partnership firm shall remainthe same as it is without any change in their value. 13. In apartnership firm "AB" of A&B partners, in case A also works aspropriety firm "P" or partner in some other partnership firm"AX", credentials of A in propriety firm "P" or in otherpartnership firm "AX" earned after the date of becoming apartner of the firm AB shall not be added in partnership firm AB.14. In case a tenderer is LLP, the credentials of tenderer shall beworked out on above lines similar to a partnership firm. 15. Incase company A is merged with company B, then company Bwould get the credentials of company A also.]

SGCC clause 11. Tenderer Credentials: Documents testifyingtenderer previous experience and financial status should beproduced along with the tender. Tenderer(s) who is / are notborne on the approved list of the Contractors of ________ Railwayshall submit along with his / their tender: (i) Certificates andtestimonials regarding contracting experience for the type of jobfor which tender is invited with list of works carried out in thepast. (ii) Audited Balance Sheet duly certified by the CharteredAccountant regarding contractual payments received in thepast. (iii) The list of personnel / organization on hand andproposed to be engaged for the tendered work. Similarly list ofPlant & Machinery available on hand and proposed to beinducted and hired for the tendered work. (iv) The Railwayreserves the right to verify all statements, information anddocuments submitted by the bidder in his tender offer, and thebidder shall, when so required by the Railway, make availableall such information, evidence and documents as may benecessary for such verification. Any such verification or lack ofsuch verification, by the Railway shall not relieve the bidder ofits obligations or liabilities hereunder nor will it affect any rightsof the Railway there under. (v) (a) In case of any informationsubmitted by tenderer is found to be false, forged or incorrectat any time during process for evaluation of tenders, it shalllead to forfeiture of the tender Bid Security besides banning ofbusiness for a period of upto two years. (b) In case of anyinformation submitted by tenderer is found to be false, forgedor incorrect after the award of contract, the contract shall beterminated. Bid Security, Performance Guarantee and SecurityDeposit available with the railway shall be forfeited. In addition,other dues of the contractor, if any, under this contract shall beforfeited and agency shall be banned for doing business for aperiod of upto two years

SGCC clause 13 Execution of Contract Documents:- Thesuccessful tenderer(s) shall be required to execute anagreement with the President of India acting through the SouthEast Central Railway for carrying out the work according toStandard General Condition of Contract-April'2022 ,Specifications annexed to the tender and specifications for workand materials and laid down in Standard General Condition ofContract- April'2022 and Indian Railway Unified StandardSpecifications (Works and Materials) Volume I & II of 2010 ofEngineering department as amended /corrected up to date.

SGCC clause 14. Documents to be Submitted Along with Tender(i) The tenderer shall clearly specify whether the tender issubmitted on his own (Proprietary Firm) or on behalf of aPartnership Firm / Company / Joint Venture (JV) / RegisteredSociety / Registered Trust / Hindu Undivided Family (HUF) /Limited Liability Partnership (LLP) etc. The tenderer(s) shallenclose the attested copies of the constitution of their concern,and copy of PAN Card along with their tender. TenderDocuments in such cases are to be signed by such persons asmay be legally competent to sign them on behalf of the firm,company, association, trust or society, as the case may be. (ii)Following documents shall be submitted by the tenderer: (a)Sole Proprietorship Firm: (i) All documents in terms of Para 10 ofthe Tender Form (Second Sheet) above. (b) HUF: (i) A copy ofnotarized affidavit on Stamp Paper declaring that he who issubmitting the tender on behalf of HUF is in the position of'Karta' of Hindu Undivided Family (HUF) and he has theauthority, power and consent given by other members to act onbehalf of HUF. (ii) All other documents in terms of Para 10 of theTender Form (Second Sheet) above. (c) Partnership Firm: (i) Alldocuments as mentioned in para18 of the Tender Form (SecondSheet). (d) Joint Venture (JV): All documents as mentioned inpara 17 of the Tender Form (Second Sheet). (e) Companyregistered under Companies Act2013: (i) The copies of MOA(Memorandum of Association) / AOA (Articles of Association) ofthe company (ii) A copy of Certificate of Incorporation (iii) Acopy of Authorization /Power of Attorney issued by the Company(backed by the resolution of Board of Directors) in favour of theindividual to sign the tender on behalf of the company andcreate liability against the company. (iv) All other documents interms Para 10 of the Tender Form (Second Sheet) above. (f) LLP(Limited Liability Partnership): (i) A copy of LLP Agreement (ii) Acopy of Certificate of Incorporation (iii) A copy of Power ofAttorney/Authorization issued by the LLP in favour of theindividual to sign the tender on behalf of the LLP and createliability against the LLP. (iv) An undertaking by all partners ofthe LLP that they are not blacklisted or debarred by Railways orany other Ministry / Department of the Govt. of India fromparticipation in tenders / contracts as on the date of submissionof bids, either in their individual capacity or in any firm/LLP or JVin which they were / are partners/members. Concealment /wrong information in regard to above shall make the contractliable for determination under Clause 62 of the StandardGeneral Conditions of Contract

SGCC clause 14. Documents to be Submitted Along with Tender(i) The tenderer shall clearly specify whether the tender issubmitted on his own (Proprietary Firm) or on behalf of aPartnership Firm / Company / Joint Venture (JV) / RegisteredSociety / Registered Trust / Hindu Undivided Family (HUF) /Limited Liability Partnership (LLP) etc. The tenderer(s) shallenclose the attested copies of the constitution of their concern,and copy of PAN Card along with their tender. TenderDocuments in such cases are to be signed by such persons asmay be legally competent to sign them on behalf of the firm,company, association, trust or society, as the case may be. (ii)Following documents shall be submitted by the tenderer: (a)Sole Proprietorship Firm: (i) All documents in terms of Para 10 ofthe Tender Form (Second Sheet) above. (b) HUF: (i) A copy ofnotarized affidavit on Stamp Paper declaring that he who issubmitting the tender on behalf of HUF is in the position of'Karta' of Hindu Undivided Family (HUF) and he has theauthority, power and consent given by other members to act onbehalf of HUF. (ii) All other documents in terms of Para 10 of theTender Form (Second Sheet) above. (c) Partnership Firm: (i) Alldocuments as mentioned in para18 of the Tender Form (SecondSheet). (d) Joint Venture (JV): All documents as mentioned inpara 17 of the Tender Form (Second Sheet). (e) Companyregistered under Companies Act2013: (i) The copies of MOA(Memorandum of Association) / AOA (Articles of Association) ofthe company (ii) A copy of Certificate of Incorporation (iii) Acopy of Authorization /Power of Attorney issued by the Company(backed by the resolution of Board of Directors) in favour of theindividual to sign the tender on behalf of the company andcreate liability against the company. (iv) All other documents interms Para 10 of the Tender Form (Second Sheet) above. (f) LLP(Limited Liability Partnership): (i) A copy of LLP Agreement (ii) Acopy of Certificate of Incorporation (iii) A copy of Power ofAttorney/Authorization issued by the LLP in favour of theindividual to sign the tender on behalf of the LLP and createliability against the LLP. (iv) An undertaking by all partners ofthe LLP that they are not blacklisted or debarred by Railways orany other Ministry / Department of the Govt. of India fromparticipation in tenders / contracts as on the date of submissionof bids, either in their individual capacity or in any firm/LLP or JVin which they were / are partners/members. Concealment /wrong information in regard to above shall make the contractliable for determination under Clause 62 of the StandardGeneral Conditions of Contract

All other documents in terms of Para 10 of the Tender Form(Second Sheet). (g) Registered Society & Registered Trust: (i) Acopy of Certificate of Registration (ii) A copy of Memorandum ofAssociation of Society/Trust Deed (iii) A copy of Power ofAttorney in favour of the individual to sign the tenderdocuments and create liability against the Society/Trust. (iv) Acopy of Rules & Regulations of the Society (v) All otherdocuments in terms of Para 10 of the Tender Form (SecondSheet) above. (iii) If it is NOT mentioned in the submitted tenderthat tender is being submitted on behalf of a Sole Proprietorshipfirm / Partnership firm / Joint Venture / Registered Company etc.,then the tender shall be treated as having been submitted bythe individual who has signed the tender. (iv) After opening ofthe tender, any document pertaining to the constitution of SoleProprietorship Firm / Partnership Firm / Registered Company/Registered Trust / Registered Society /HUF /LLP etc. shall beneither asked nor considered, if submitted. Further, no suomoto cognizance of any document available in public domain(i.e., on internet etc.) or in Railway's record/office files etc. willbe taken for consideration of the tender, if no such mention isavailable in tender offer submitted. (v) A tender from JV shall beconsidered only where permissible as per the tender conditions.(vi) The Railway will not be bound by any change of power ofattorney or in the composition of the firm made subsequent tothe submission of tender. Railway may, however, recognizesuch power of attorney and changes after obtaining proper legaladvice, the cost of which will be chargeable to the Contractor.

SGCC clause 16. Employment/Partnership etc. of RetiredRailway Employees: (a) Should a tenderer i) be a retiredEngineer of the gazetted rank or any other gazetted officerworking before his retirement, whether in the executive oradministrative capacity or whether holding a pensionable postor not, in the Engineering or any other department of any of therailways owned and administered by the President of India forthe time being, OR ii) being partnership firm / joint venture (JV) /registered society / registered trust etc have as one of itspartners/members a retired Engineer of the gazetted rank orany other gazetted officer working before his retirement, OR iii)being an incorporated company have any such retired Engineerof the gazetted rank or any other gazetted officer workingbefore his retirement as one of its directors AND in case wheresuch Engineer or officer had not retired from governmentservice at least 1 year prior to the date of submission of thetender THEN the tenderer will give full information as to thedate of retirement of such Engineer or gazetted officer from thesaid service and as to whether permission for taking suchcontract, or if the Contractor be a partnership firm or anincorporated company, to become a partner or director as thecase may be, has been obtained by the tenderer or the Engineeror officer, as the case may be from the President of India or anyofficer, duly authorized by him in this behalf, shall be clearlystated in writing at the time of submitting the tender. b) In case,upon successful award of contract, should a tenderer depute forexecution of the works under or to deal matters related with thiscontract, any retired Engineer of gazette rank or retiredgazetted officer working before his retirement in theEngineering or any other department of any of the railwaysowned and administered by the President of India for the timebeing, and now in his employment, then the tenderer will ensurethat retired Engineer or retired gazetted officer had retired fromgovernment service at least 1 year prior to the date of hisemployment with tenderer and in case he had retired fromservice within a year then he possesses the requisite permissionfrom the President of India or any officer, duly authorized byhim in this behalf, to get associated with the tenderer. c) Shoulda tenderer or Contractor being an individual, have member(s) ofhis family or in the case of partnership firm/ company / jointventure (JV) / registered society / registered trust etc. one ormore of his partner(s)/shareholder(s) or member(s) of the familyof partner(s)/shareholder(s) having share of more than 1%in thetendering entity employed in gazetted capacity in theEngineering or any other department of the railway, then thetenderer at the time of submission of tender, will inform theauthority inviting tenders the details of such persons. Note: - Ifinformation as required as per 16.a), b), c) above has not beenfurnished, contract is liable to be dealt in accordance withprovision of clause 62 of the Standard General Condition ofcontract.

SGCC clause 6. Care in Submission of Tenders: (a) (i) Beforesubmitting a tender, the tenderer will be deemed to havesatisfied himself by actual inspection of the site and locality ofthe works, that all conditions liable to be encountered duringthe execution of the works are taken into account and that therates he enters in the tender forms are adequate and allinclusive to accord with the provisions in Clause-37 of theStandard General Conditions of Contract for the completion ofworks to the entire satisfaction of the Engineer. (a)(ii) Tendererswill examine the various provisions of The Central Goods andServices Tax Act, 2017(CGST)/ Integrated Goods and ServicesTax Act, 2017 (IGST)/ Union Territory Goods and Services TaxAct, 2017(UTGST)/ respective state's State Goods and ServicesTax Act (SGST) also, as notified by Central/State Govt.& asAmended from time to time and applicable taxes beforebidding. Tenderers will ensure that full benefit of Input TaxCredit (ITC) likely to be availed by them is duly considered whilequoting rates. (a)(iii) The successful tenderer who is liable to beregistered under CGST/IGST/UTGST/SGST Act shall submit GSTINalong with other details required under CGST/IGST/UTGST/SGSTAct to railway immediately after the award of contract, withoutwhich no payment shall be released to the Contractor. TheContractor shall be responsible for deposition of applicable GSTto the concerned authority. (a)(iv) In case the successfultenderer is not liable to be registered under CGST/IGST/UTGST/SGST Act, the railway shall deduct the applicable GST fromhis/their bills under reverse charge mechanism (RCM) anddeposit the same to the concerned authority. (b) When work istendered for by a firm or company, the tender shall be signedby the individual legally authorized to enter into commitmentson their behalf. (c) The Railway will not be bound by any powerof attorney granted by the tenderer or by changes in thecomposition of the firm made subsequent to the execution ofthe contract. It may, however, recognize such power of attorneyand changes after obtaining proper legal advice, the cost ofwhich will be chargeable to the Contractor.

55-B.Provisions of Employees Provident Fund and MiscellaneousProvisions Act, 1952:The Contractor shall comply with theprovisions of Para 30 & 36-B of the Employees Provident FundScheme, 1952; Para 3 & 4 of Employees' Pension Scheme,1995; and Para 7 & 8 of Employees Deposit Linked InsuranceScheme, 1976; as modified from time to time throughenactment of "Employees Provident Fund & MiscellaneousProvisions Act, 1952", wherever applicable and shall alsoindemnify the Railway from and against any claims under theaforesaid Act and the Rules. 55-C (i) Contractor is to abide bythe provisions of various labour laws in terms of above clause54, 55, 55-A and 55-B of the Standard General Conditions ofContract. In order to ensure the same, an application has beendeveloped and hosted on website'www.shramikkalyan.indianrailways.gov.in'. Contractor shallregister his firm/company etc. and upload requisite details oflabour and their payment in this portal. These details shall beavailable in public domain. The registration/ updation in Portalshall be done as under: (a) Contractor shall apply for onetimeregistration of his company/firm etc. in the Shramikkalyan portalwith requisite details subsequent to issue of Letter ofAcceptance. Engineer shall approve the contractor's registrationin the portal within 7 days of receipt of such request. (b)Contractor once approved by any Engineer, can createpassword with login ID (PAN No.) for subsequent use of portalfor all Letter of Acceptances (LoAs) issued in his favour. (c) Thecontractor once registered on the portal, shall provide details ofhis Letter of Acceptances (LoAs) / Contract Agreements onshramikkalyan portal within 15 days of issue of any LoA forapproval of concerned Engineer. Engineer shall update (ifrequired) and approve the details of LoA filled by contractorwithin 7 days of receipt of such request. (d) After approval ofLoA by Engineer, contractor shall fill the salient details ofcontract labours engaged in the contract and ensure updatingof each wage payment to them on shramikkalyan portal onmonthly basis. (e) It shall be mandatory upon the contractor toensure correct and prompt uploading of all salient details ofengaged contractual labour & payments made thereof aftereach wage period. (ii) While processing payment of any 'OnAccount Bill' or 'Final Bill' or release of 'Advances' or'Performance Guarantee / Security Deposit', contractor shallsubmit a certificate to the Engineer or Engineer'srepresentatives that "I have uploaded the correct details ofcontract labours engaged in connection with this contract andpayments made to them during the wage period in Railway'sShramikkalyan portal at'www.shramikkalyan.indianrailways.gov.in' till ____Month,____Year."

SGCC clause 56. Reporting of Accidents: The Contractor shall beresponsible for the safety of all employees directly or throughpetty Contractors or subcontractor employed by him on theworks and shall report serious accidents to any of them howeverand wherever occurring on the works to the Engineer or theEngineers Representative and shall make every arrangement torender all possible assistance.