ADEN/JND sub-Division: outsourcing of Various p. way Maintenance Activities on MG section between DARI-VSW and VSW-TAV under SSE/P.way/VSW for a period of Two years

Financial Eligibility Criteria: The tenderer must have minimum average annual contractual turnover of V/N or 'V' whichever is less; where V= Advertised value of the tender in crores of Rupees. N= Number of years prescribed for completion of work for which bids have been invited. The average annual contractual turnover shall be calculated as an average of "total contractual payments" in the previous three financial years, as per the audited balance sheet. However, in case balance sheet of the previous year is yet to be prepared/ audited, the audited balance sheet of the fourth previous year shall be considered for calculating average annual contractual turnover.

The tenderer's 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

Similar Nature of Work: Any Track Work

The payment towards earnest money (EMD) against the works tenders should be made as brought out in GCC April 2022, Para 5: (Bid Security) PART I Instructions to Tenderers (ITT) & Para 6 (a to d) of Tender Form (Second Sheet)

Any firm recognized by Department of Industrial Policy and Promotion (DIPP) as 'Startups' and Labour Cooperative Societies shall submit Registration Certificate issued by appropriate authority.

The Bid Security shall be deposited either in cash through e- payment gateway or submitted as Bank Guarantee bond from a scheduled commercial bank of India or as mentioned in tender documents. The Bank Guarantee bond shall be as per Annexure- VIA and shall be valid for a period of 90days beyond the bid validity period

In case, submission of Bid Security in the form of Bank Guarantee, following shall be ensured:

A scanned copy of the Bank Guarantee shall be uploaded on e- Procurement Portal (IREPS) while applying to the tender.

The original Bank Guarantee should be delivered in person to the official nominated as indicated in the tender document before closing date for submission of bids (i.e. excluding the last 1.3.2 date of submission of bids). (Corrigendum: Para 5(3) ii Part I of GCC has been modified vide Advance Correction Slip No. 5 Railway Board's letter no. 2022/CE-l/CT/GCC-2022/Policy Dated 20.10.2023)

Non submission of scanned copy of Bank Guarantee with the bid on e-tendering portal (IREPS) and/or non submission of original 1.3.3 Bank Guarantee within the specified period shall lead to summary rejection of bid.

The Tender Security shall remain valid for a period of 90 days beyond the validity period for the Tender.

The details of the BG, physically submitted should match with the details available in the scanned copy and the data entered 1.3.5 during bid submission time, FAILING WHICH THE BID WILL BE REJECTED.

The Bank Guarantee shall be placed in an envelope, which shall be sealed. The envelope shall clearly bear the identification "Bid 1.3.6 for the ***** Project" and shall clearly indicate the name and address of the Bidder. In addition, the Bid Due Date should be indicated on the right hand top corner of the envelope.

The envelope shall be addressed to the officer and address as mentioned in the tender document.

Submission of Tenders: Tenders should be submitted as brought out in GCC April 2022, Para 6: (Care in Submission of Tenders) PART I Instructions to Tenderers (ITT).

The payment towards earnest money (EMD) against the works tenders should be made as brought out in GCC April 2022, Para 5: (Bid Security) PART I Instructions to Tenderers (ITT) & Para 6 (a to d) of Tender Form (Second Sheet)

Any firm recognized by Department of Industrial Policy and Promotion (DIPP) as 'Startups' and Labour Cooperative Societies shall submit Registration Certificate issued by appropriate authority.

The Bid Security shall be deposited either in cash through e- payment gateway or submitted as Bank Guarantee bond from a scheduled commercial bank of India or as mentioned in tender documents. The Bank Guarantee bond shall be as per Annexure- VIA and shall be valid for a period of 90days beyond the bid validity period

In case, submission of Bid Security in the form of Bank Guarantee, following shall be ensured:

A scanned copy of the Bank Guarantee shall be uploaded on e- Procurement Portal (IREPS) while applying to the tender.

The original Bank Guarantee should be delivered in person to the official nominated as indicated in the tender document before closing date for submission of bids (i.e. excluding the last 3.3.2 date of submission of bids). (Corrigendum: Para 5(3) ii Part I of GCC has been modified vide Advance Correction Slip No. 5 Railway Board's letter no. 2022/CE-l/CT/GCC-2022/Policy Dated 20.10.2023)

Non submission of scanned copy of Bank Guarantee with the bid on e-tendering portal (IREPS) and/or non submission of original 3.3.3 Bank Guarantee within the specified period shall lead to summary rejection of bid.

The Tender Security shall remain valid for a period of 90 days beyond the validity period for the Tender.

The details of the BG, physically submitted should match with the details available in the scanned copy and the data entered 3.3.5 during bid submission time, FAILING WHICH THE BID WILL BE REJECTED.

The Bank Guarantee shall be placed in an envelope, which shall be sealed. The envelope shall clearly bear the identification "Bid 3.3.6 for the ***** Project" and shall clearly indicate the name and address of the Bidder. In addition, the Bid Due Date should be indicated on the right hand top corner of the envelope.

The envelope shall be addressed to the officer and address as mentioned in the tender document.

Submission of Tenders: Tenders should be submitted as brought out in GCC April 2022, Para 6: (Care in Submission of Tenders) PART I Instructions to Tenderers (ITT).

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.

Applicability of rules for this tender

Indian Railways Standard General Conditions of Contract updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents. (GCC April 2022)

Indian Railways Unified Standard Specification (IRUSS-2019) updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents, if applicable in the contract

CPWD Specifications 2019 Vol I & II updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents, if applicable in the contract

Indian Railways Unified Standard Specifications (Works and Material) 2010 updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents, if applicable in the contract

IR Specifications/Guidelines updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents

Relevant B.I.S. Codes updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents

In these Special Conditions of Contract the following terms shall have the meaning hereby assigned to them except where the context otherwise requires.

General Condition of Contract shall mean General Condition of Contract - April 2022 corrected up to date as contained in Western Railway, Engineering department, Indian Railways Unified Standard Schedule of Rates 2019 and Indian Railways Unified Standard Specification 2019 with up to date correction slip, And /OR CPWD Delhi schedule of rate 2019( DSR-Vol.-I and Vol.-2 ,DSR Horticulture and landscaping, specification ( Vol-I and Vol-II) & Horticulture& landscaping with up to date correction slip. Whichever is applicable.

Standard specification shall mean'' Indian railway United standard specification ( Works and materials) Vol.-I &II) And /OR Indian Railway Unified standard schedule of rates (IR USSOR- 2019) and specifications. with up to date correction slip And /OR CPWD Delhi schedule of rate 2019 (DSR-Vol.-I and Vol.-2, DSR- Horticulture and landscaping, specification (Vol-I and Vol-II) & Horticulture& landscaping with up to date correction slip. Whichever is applicable.

Standard schedule Items/rates shall mean the Items/Rates in the Indian Railways Unified Standard Schedule of Rates 2019 and Indian Railways Unified Standard Specification 2019 with up to date correction slip, And /OR CPWD Delhi schedule of rate 2019( DSR-Vol.-I and Vol.-2 ,DSR Horticulture and landscaping, specification ( Vol-I and Vol-II) & Horticulture& landscaping with up to date correction slip. Whichever is applicable

Where there is any conflict in conditions/Specifications contained in various parts, order of precedence will be as given below

Any foot note given by the Railway in the schedule of quantities and rates.

Description of item in the Schedule of Quantities and rates.

Special Specifications

Additional Special Conditions/of Contract.

Standard Specifications.

Special Conditions of Contract & General Conditions of Contract April 2022 corrected upto date

Stamp Duty is applicable as per Stamp Act with latest amendments as applicable in the State.

Rights of the Railway to deal with Tender: As per GCC April 2022, Para 7, 8 & 9 Tender Form (Second Sheet), PART I Instructions to Tenderers (ITT).

The authority for the acceptance of the tender will rest with the Railway. It shall not be obligatory on the said authority to accept the lowest tender or any other tender, and tenderer(s) shall neither demand any explanation for the cause of rejection of his/ their tender nor the Railway to assign reasons for declining to consider or reject any particular tender or tenders.

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.

(iii)If any partner(s) of a partnership firm expires after the submission of its tender or after the acceptance of its tender, the Railway shall deem such tender as cancelled/contract as terminated under clause 61 of the Standard General Conditions of Contract, unless the firm retains its character as per partnership agreement. If a sole proprietor expires after the submission of tender or after the acceptance of tender, the Railway shall deem such tender as cancelled / contract as terminated under clause 61 of the Standard General Conditions of Contract.

Payment of Royalty Charges

All taxes, royalty charges, etc. of whatever nature in connection with the work including extraction and supply of rubble stone/stone ballast/sand/moorum earth or any other material used on the work shall have to be borne by the Contractor. The Contractor will be required to obtain a royalty clearance certificate from the concerned Revenue Authorities/Collector and produce the same to the Engineer after completion of the supply but before release of the final bill.

Royalties and Patent Rights: (a)The Contractor shall defray the cost of all royalties, fees and other payments in respect of patents, patent rights and licenses which may be payable to patentee, licensee or other person or corporation and shall obtain all necessary licenses. (b)The contractor shall indemnify, the Railway or any agent, servant or employee of the Railway against any action, claim or proceedings relating to infringement use of any patent or design any alleged patent or design rights and shall pay any royalties or other charges which may be payable in respect of any articles or materials or part thereof included in the contract. In the event of any claim being made or action being brought against the Railway or any agent, servant or employee of the Railway in respect of any such matters, as aforesaid, The contractor shall indemnify notified thereof. Provided that such indemnify shall not apply when such infringement has taken place in complying with the specific direction issued by the Railway but the contractor shall pay any royalties or other charges payable in respect of any such use.

Final bills of Ballast supply contracts are to be passed on submission of Royalty Clearance Certificate by the contractor from the concerned Revenue Authorities/ Collectors.

SPECIAL CONDITION FOR TAX DEDUCTION

In respect of works, a deduction of 2% from each of the Contractor's bills shall be made in terms of section 194(C) of the Income Tax Act of 1961 & 1991 and as per instructions issued from time to time (Surcharge will also be deducted along with I. Tax as per extent rules).

The Railway will deduct sales tax if leviable in a particular state where the work is going on, the gross amount of each bill while making payment to the contractor(s). The recovery shall be governed as per the guide lines & rates prescribed by the concerned State Government.

Any Other taxes The Contractor shall bear in full all taxes and royalties levied by the State Government and/or Central Government from time to time. This would be entirely a matter between the contractor and State Government/or Central Government. Railway will recover the taxes and royalties through final bills if the contractor fails to pay the taxes and royalties to the Government.

DETAILS OF INSPECTION REGISTER AND RECORDS ARE TO MAINTAINED BY TENDERER ARE AS FOLLOWS:

The Contractor/s shall maintain accurate records, plans and charts showing the dates and progress of all main operations and the Engineer shall have access to this information at all reasonable times. Records of tests made shall be handed over to the Engineer/s representative after carrying out the tests. The following registers will be maintained at site by the Contractor/s.

Site Order Register: The Contractor/s shall promptly acknowledge by putting his signature in the site order against any order given therein by the Engineer or his representative or his superior officers and comply with them. The Compliance shall be reported by the Contractor/s to the Engineer in good time so that it can be checked.

Labour Register: This register will be maintained to show daily strength of labour in different categories employed by the Contractor/s.

LOG book of events: All events are required to be chronologically logged in this book shift wise and date wise.

Cement & steel registers shall be maintained by the contractor.

DISASTER MANAGEMENT "All the available vehicles and equipment's of the contractor can be drafted by the Railway Administration in case of accidents/ natural calamities involving human lives. The payment for such drafting shall be made 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 within 30 Days of getting the decision of the Engineer, supported by analysis of the rates claimed. The Chief Engineer's decision after hearing both the parties in the matter would be final and binding on the contractor and the Railway".

EMERGENCY WORK In the event of any accident or failure occurring in the execution of work/ arising out of it which in the opinion of the Engineer requires immediate attention, the Railway may bring its own workmen or other agency/agencies to execute or partly execute the necessary work or carry out repairs if the Engineer-in-charge considers that the contractor(s) is/are not in a position to do so in time without giving any notice and charge the cost thereof, to be determined by the Engineer- in-charge, to the contractor.

DAMAGE BY ACCIDENT/ FLOOD/ TIDES OR NATURAL CALAMITIES The Contractor shall take all precautions against damages from accidents, floods tides or other natural occurrences. He shall not be entitled to any compensation for his tools, plants, materials, machines and other equipment lost or damaged by any cause whatsoever. The Contractor shall be liable to make good the damage to any structure or part of a structure, plant or material of every description belonging to the Railway covered under the Contract, lost or damaged by him due to any cause during the course of execution of work. The Railway Administration will not be liable to pay the contractor any charge for rectification or repair to any damage which may have occurred from any cause what so ever.

INCLUSION OF LETTER OF CREDIT AS MODE OF PAYMENT For all the tenders having advertised cost of Rs 10 lakh or above, the contractor shall have the option to take payment from Railways through a letter of credit(LC)arrangement. (Railway Board's letter no. 2018/CE-I/CT/9 dated 04.06.2018)

CHANGE IN ADDRESS: Any change in the address of the contractor shall be forthwith intimated in writing to the Railway. The Railway will not be responsible for any loss/ inconvenience suffered by the Contractor on account of his failure to comply with this.

Performance Guarantee As per ACS-11 dtd 13.03.2026 Para 16(4)(h) Introduced to GCC Apr2022 is as under Para 16(4)(h) If a tender is accepted on the quoted rates of bidder which is below the advertised tender value, an additional performance security shall be submitted by bider as below - Bid quoted Below 0 to 5 % (inclusive) of advertised cost - Additional Performance Guarantee (%) = NIL Bid quoted Below 5 % - of advertised cost - Additional Performance Guarantee (%) = 5%