Work contract for Data Entry in SLAM and Records update of three phase locomotives available at Electric Loco Shed, Saiyedpur Bhitri, NE Railways, Varanasi Division for two years.

No Technical and Financial credentials are required for tenders having advertised value up to Rs 50 lakh.

I/we the tenderer (s) am/are signing this document after carefully reading the contents.

I/We the tenderer(s) also accept all the conditions of the tender and have signed all the pages in confirmation thereof.

I/we hereby declare that I/we have downloaded the tender documents from Indian Railway website www.ireps.gov.in . I/we have verified the content of the document from the website and there is no addition, no deletion or no alteration to the content of the tender document. In case of any discrepancy noticed at any stage i.e. evaluation of tenders, execution of work or final payment of the contract, the master copy available with the railway Administration shall be final and binding upon me/us.

I/we declare and certify that I/we have not made any misleading or false representation in the forms, statements and attachments in proof of the qualification requirements.

I/We also understand that my/our offer will be evaluated based on the documents/credentials submitted along with the offer and same shall be binding upon me/us.

I/We declare that the information and documents submitted along with the tender by me/us are correct and I/we are fully responsible for the correctness of the information and documents, submitted by us.

I/we certify that I/we the tenderer(s) is/are not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of submission of bids, either in individual capacity or as a HUF/ member of the partnership firm/LLP/JV/Society/Trust.

I/we understand that if the contents of the certificate submitted by us are found to be forged/false at any time during process for evaluation of tenders, it shall lead to forfeiture of the Bid Security and may also lead to any other action provided in the contract including banning of business for a period of upto two year. Further, I/we and all my/our constituents understand that my/our offer shall be summarily rejected.

I/we also understand that if the contents of the certificate submitted by us are found to be false/forged at any time after the award of the contract, it will lead to termination of the contract, along with forfeiture of Bid Security/Security Deposit and Performance guarantee and may also lead to any other action provided in the contract including banning of business for a period of upto two year.

I/We have read the clause regarding restriction on procurement from a bidder of a country which shares a land border with India and certify that I am/We are not from such a country or, if from such a country, have been registered with the competent Authority. I/We hereby certify that I/we fulfil all the requirements in this regard and am/are eligible to be considered (evidence of valid registration by the competent authority is enclosed)

Tenderers should attach self-attested copy of PAN CARD and GSTIN in support of their IDENTITY.

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.

Please pay close attention to Eligibility Criteria.

The documents uploaded should be clear and legible for evaluation of tenders. Illegible documents may not be considered for evaluation by the Tender Committee. Responsibility in this regard lies with the tenderer.

It may be clearly understood that the Railways have the right of exercising checks that they may desire to access the quality of work in progress. This is also applicable for the work that is being carried out at the firm's premises. The Railways will also have the right to impose any inspection at any stage by the person who may be nominated by the Railways.

The Railway 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 Railway, 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 Railway shall not relieve the bidder of its obligations or liabilities hereunder, nor will it affect any rights of the Railway thereunder.

Any information relating to the tender may be obtained from the office of the Sr. Divl. Elect. Engineer(TRS)/SYH, on any working day during office hours up to 5 P.M except Saturday, Sunday, and Gazetted holiday.

Address of Tenderer: The address, email-ID, and mobile phone, other phone numbers, and other details given in the portal while registering will be considered as the official address, and all correspondences to the tenderer will be made in these registered modes. All communication sent in time to the tenderer by post at the said address shall be deemed to have reached the tenderer.

General conditions of the contract and specification for materials and works are laid down in Indian Railways Standard General Conditions of Contract - 2022, corrected up to date, which can be seen at the office of Sr. Divl. Elect. Engineer (TRS), N.E. Railway, SYH, on any working day.

When the tender is received by the administration, it will be understood that the tender(s) has/have gone through carefully in detail all the instructions, conditions, general and special conditions of the contracts, and general and special instructions for execution of the works and that the tenderer(s) has/have clarified all points and doubts and interpretations by the proper authorities of the railway administration. The submission of a tender by the contractor implies that he has read and abides by the conditions stated herein and in the tender notice accompanying the tender form.

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.

The tenderers shall specifically and fully disclose their respective constitutions and submit along with the tender attested copies of documents like partnership deed, articles of memorandum of association etc., if any, in support of such disclosure. If a tenderer is a firm, i.e., partnership business, it should be stated whether the same is registered under the Indian Partnership Act, and the name and address of all the partners of the firm should be fully disclosed. The Railway administration shall always have the liberty to require production of the originals of the said documents and also to make other requisitions regarding the constitution as may be considered necessary from time to time.

It shall be understood that every endeavor has been made to avoid any error which can materially affect the basis of the tender, and the successful tenderer shall take upon himself and provide for the risk of any error which may subsequently be discovered and shall not make any subsequent claim on account thereof.

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

The tenderer whose tender has been accepted shall be required to appear at the office of the General Manager/Chief Electrical Engineer/Divl Rly. Manager as the case may be, in person, and in the case of a firm or a corporation, a duly authorized representative, to execute the contract documents within seven days from the issue of notice forwarding the contract. Failure to do so shall constitute breach of the earnest money accompanying the tender and shall be forfeited by the Railway as liquidated damages for such default. In the event of any tenderer, whose tender is accepted, refusing to execute the contract documents, the Railway Administration shall deem such tenderer abandoning the contract and thereupon, his tender and the acceptance thereof shall be treated as null and void, and the Railway shall be entitled to forfeit the earnest money as liquidated damages.

Rights of the Railway to deal with Tender: 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.

Employment/Partnership etc. of Retired Railway Employees:

a) Should a tenderer i) be a retired Engineer of the gazetted rank or any other gazetted officer working before his retirement, whether in the executive or administrative capacity or whether holding a pensionable post or not, in the Engineering or any other department of any of the railways owned and administered by the President of India for the time being, OR ii) being a 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 with matters related to 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 the retired Engineer or retired gazetted officer had retired from government service at least 1 year prior to the date of his employment with the tenderer. In case he had retired from service within a year, then he must possess the requisite permission from the President of India or any officer, duly authorized by him in this behalf, to get associated with the tenderer.

c) Should a tenderer or Contractor, being an individual, have member(s) of his family or in the case of partnership firm/company/joint venture (JV)/registered society/registered trust, etc., one or more of his partner(s)/shareholder(s) or member(s) of the family of partner(s)/shareholder(s) having a 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 the tender, will inform the authority inviting tenders of the details of such persons. Note: If information as required as per 16.a), b), c) above has not been furnished, the contract is liable to be dealt with in accordance with the provisions of clause 62 of the Standard General Conditions of Contract.

Occupation and Use of Land: No land belonging to or in the possession of the Railway shall be occupied by the Contractor without the permission of the Railway. The Contractor shall not use, or allow to be used, the site for any purposes other 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.

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 in 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 Contractors under the direct and personal supervision of the Contractor or his agent shall not be deemed to be subletting 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.

Railway Passes: No free railway passes shall be issued by the Railway to the Contractor or any of his employee/worker.

Indemnity by Contractors: The Contractor shall indemnify and save harmless the Railway from and against all actions, suits, 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.

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 as "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, 2022.

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

Working during Night: The Contractor shall not carry out any work between sunset and sunrise without the previous permission of the Engineer. However, if the Engineer is satisfied that the work is not likely to be completed in time except by resorting to night work, he may order the same without confirming any right on the Contractor for claiming any extra payment for the same.

Damage to Railway 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, although all reasonable and proper precautions may have been taken by the Contractor. In case the Railway shall be called upon to make good any costs, loss, or damages, or to pay any 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 may incur in reference thereto, shall be charged to the Contractor. The Railway 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 the 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.

Variation in Extent of Contract: Variation in extent of contract shall be done as per Indian Railways Standard General Conditions of Contract, 2022, corrected up to date.

Reporting of Accidents: The Contractor shall be responsible for the safety of all employees directly or through petty Contractors or sub-contractors employed by him on the works and shall report serious accidents to any of them, however and wherever occurring on the works, to the Engineer or the Engineer's Representative and shall make every arrangement to render all possible assistance.

Contractors must have registration Railway's Shramikkalyan portal at www.shramikkalyan.indianrailways.gov.in and Contractors having valid LOA (Letter of Acceptance)can register themselves with their firm details including PAN No. (Which will be their user ID), Through "Contractor Registration" link. However they can log into system using this PAN and given password once their registration request is approved by the LOA issuing authority. Contractors can login and update with additional LOA(s) issued in their favour duly indicating the LOA issuing authority from drop down boxes, to approve the same. While processing payment of any 'On Account bill' or 'Final bill' or release of ' Advances' of '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 payment made to them during the base period in Railway's Shramikkalyan portal at 'www.shramikkalyan.indianrailways.gov.in' till - Month - Year." and it will be verified by Engineer or Engineer's representatives on Railway's Shramikkalyan portal.