Comprehensive Annual Maintenance Contract of Multi Section Digital Axle Counter for Frauschar - Make in DDU Division for 02 (Two) years.

Since the work is a single tender with OEM/ authorized dealer, no technical criteria are required. However, the OEM may submit supporting documents.

Since the work is a single tender with OEM/ authorized dealer, no Financial criteria is required. However, the OEM may submit supporting documents.

The Firm should be OEM of Frauschar Make Multi Section Digital Axle Counter.

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)

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.

Verification of Tender's credentials:- The tenderers shall submit a copy of certificate stating that they are not liable to be disqualified and all their statements/documents submitted along with bid are true and factual. Standard format of the certificate to be submitted by the bidder is enclosed as Annexure-V. Non submission of a copy of certificate by the bidder shall result in summarily rejection of his/their bid. It shall be mandatorily incumbent upon the tenderer to identify, state and submit the supporting documents duly self attested / digitally signed by which they/he are/is qualifying the Qualifying Criteria mentioned in the Tender Document.

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

If it is NOT mentioned in the submitted tender that tender is being submitted on behalf of a Sole Proprietorship firm / Partnership firm / Joint Venture / Registered Company etc., then the tender shall be treated as having been submitted by the individual who has signed the tender.

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

A separate power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person, shall be submitted after award of work, specifically authorizing him/them to deal with all other contractual activities subsequent to signing of agreement, if required. Note: A Power of Attorney executed and issued overseas, the document will also have to be legalized by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is being issued. However, the Power of Attorney provided by Bidders from countries that have signed the Hague Legislation Convention 1961 are not required to be legalized by the Indian Embassy if it carries a conforming Appostille certificate.

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

Following documents shall be submitted by the tenderer in case of Sole Proprietorship Firm: Sole Proprietorship Firm: (i) An undertaking that he is not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of opening of bids, either in individual capacity or as a member of the partnership firm or JV in which he was / is a partner/member. Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the General Conditions of Contract. (ii) All other documents in terms of explanatory notes in clause 10 of GCC 2022.

Following documents shall be submitted by the tenderer in case of HUF: A copy of notarized affidavit on Stamp Paper declaring that his Concern is a proprietary Concern and he is sole proprietor of the Concern OR he who is signing the affidavit on behalf of HUF is in the position of 'Karta' of Hindu Undivided Family (HUF) and he has the authority, power and consent given by other members to act on behalf of HUF. (ii) An undertaking that the HUF is not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of opening of bids, either in individual capacity or as a member of the partnership firm or JV in which HUF was / is a partner/member. Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the General Conditions of Contract. (iii) All other documents in terms of explanatory notes in clause 10 of GCC 2022.

Following documents shall be submitted by the tenderer in case of Partnership Firm: The tenderer shall clearly specify that the tender is submitted on behalf of a partnership firm. (i) A notarized copy of partnership deed. (ii) A notarized or registered copy of Power of Attorney in favour of the individual to tender for the work, sign the agreement etc. and create liability against the firm. Note :- One or more of the partners of the firm or any other person (s) shall be designated as the authorized person (s) on behalf of the firm, who will be authorized by all the partners to act on behalf of the firm through a "Power of Attorney", specially authorizing him / them to submit & sign the tender, sign the agreement, receive payment, witness measurements, sign measurement books, make correspondences, compromise / settle / relinquish any claim (s) preferred by the firm, sign "No Claim Certificate", refer all or any dispute to arbitration and to take similar such action in respect of the "said tender" / contract. Such "Power of Attorney" shall be notarized / registered and submitted along with the tender.

Following documents shall be submitted by the tenderer in case of Company registered under Companies Act 2013: (i) The copies of MOA (Memorandum of Association) / AOA (Articles of Association) of the company (ii) A copy of Certificate of Incorporation (iii) A copy of Authorization/Power of Attorney issued by the Company (backed by the resolution of Board of Directors) in favour of the individual to sign the tender on behalf of the company and create liability against the company. (iv) An undertaking that the Company is not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of opening of bids, either in individual capacity or as a member of the partnership firm or JV in which the Company was / is a partner/member. Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the General Conditions of Contract. (v) All other documents in terms of explanatory notes in clause 10 of GCC 2022

Following documents shall be submitted by the tenderer in case of LLP (Limited Liability Partnership): If the tender is submitted on behalf of a LLP registered under LLP Act-2008, the tenderer shall submit along with the tender: A copy of LLP Agreement. (i)A copy of Certificate of Incorporation (ii)A copy of Power of Attorney/Authorization issued by the LLP in favour of the individual to sign the tender on behalf of the LLP and create liability against the LLP. (iii)An undertaking by all partners of the LLP that they are not blacklisted or debarred by Railways or any other Ministry / Department of the Govt. of India from participation in tenders / contracts as on the date of submission of bids, either in their individual capacity or in any firm/LLP or JV in which they were / are partners/members. Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the Standard General Conditions of Contract. (iv)All other documents in terms of Para 10 of the Tender Form (Second Sheet). (v) All other documents in terms of explanatory notes in clause 10 of GCC 2022.

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 there under.

In case of any information submitted by tenderer is found to be false forged or incorrect at any time during process for evaluation of tenders, it shall lead to forfeiture of the tender Earnest Money Deposit besides banning of business for a period of upto five years.

In case of any information submitted by tenderer is found to be false forged or incorrect after the award of contract, the contract shall be terminated. Earnest Money Deposit (EMD), Performance Guarantee and Security Deposit available with the railway shall be forfeited. In addition, other dues of the contractor, if any, under this contract shall be forfeited and agency shall be banned for doing business for a period of upto five years.

Non-compliance with any of the conditions set forth therein above is liable to result in the tender being rejected.

Certificates and testimonials regarding contracting experience for the type of job for which tender is invited with list of works carried out in the past.

Certificates which may be an attested Certificate from the client, Audited Balance Sheet duly certified by the Chartered Accountant etc regarding contractual payments received in the past.

The list of personnel / organization on hand and proposed to be engaged for the tendered work. Similarly list of Plant & Machinery available on hand and proposed to be inducted and hired for the tendered work.

GCC -2022 with latest amendments and instructions is an integral part of the contract document. All terms and conditions mentioned therein to be followed.

Rates are inclusive of all taxes/octroi, license fee, royalty charges etc. legally leviable by State, Central Govt. and/or any other local authority.

In addition to GCC 2022 and Indian Railway Unfiled standard specification works materials volume I II 2010, revised up to date, special condition attached shall also apply.

Taxes as per GST (1st july2017), Income tax, TDS, Sales tax/Business tax, Royalty etc Royalty etc. will be recovered as per extant instruction on the subject.

Certificates from private individuals for whom such works are executed being executed is not acceptable.

Eligibility criteria for works tender in respect of partnership firms to be dealt as per GCC -2022.

In case the tenderer is a partnership firm s , the experience, solvency and turn over shall be in the name and style of the firm only.

If the tenderer is a partnership firm, all the partners shall be jointly and severally liable for successful completion of the work and no request for change on the certification of the firm shall be entertained.

During the currency of the contract, no partner of the firm shall be permitted to withdraw from partnership business and in such and event it shall be treated as breach of trust and abandonment of the contract.

Any Conditional offer will be summarily rejected.

BOOKS OF REFERENCE: These tender documents are to be read with the followings books with versions updated/corrected/modified up to the date of tender opening: 1) Standard General Conditions of Contract 2022 as amended by updated correction slips termed GCC 2022. 2) Eastern Railway L&M Sch 87 as amended by updated correction slips. 3) E. C. Railway Engineering department unified standard schedule or rates 2012 as amended by updated correction slips (termed USSOR, 2012) up to the date of tender dropping. 4) Standard specifications contained in Indian Railways Hand Book Specifications (works and materials)2010. These four books are where-in-after called the "Books of reference" and shall govern this tender as well as the contract resulting from the acceptance from this tender, to the extent that these contents do not conflict with the contains of the various chapters of these documents.

For those conditions for which standard formats have been given in the uploaded document titled-Formats for uploading of various format. The information should only be submitted in these standard formats.

Railway administration will not be responsible for any delay/difficulties/inaccessibility of the downloading facility for any reason whatsoever. In case of any discrepancy between the tender document downloaded from the internet and the master copy available in the office mentioned above, later shall prevail and will be binding on the tenderer. No claim on this account will be entertained.

If working through contract Labour, the contractor must register with Labour Commissioner necessary license to be submitted with tender or to be produced before signing of contract agreement.

The contractor will be permitted to make use of the service roads already existing within the Railway possession. If additional service roads are required within Railway premises the contractor may be allowed to make them at his own costwith the prior approval of the Railway's Engineer. All service roads required outside Railway boundary shall be constructed by the contractor at his own risk and cost. These roads shall be maintained by the contractor at his own cost. The Railway reserves the right to make use of these service roads as and when necessary without any payment to the contractor.

The Tenderer/Contractor may be required to engage surplus/retrenched casual labors of the Railway, if found suitable up to the extent as deemed fit by the Railway during the currency of the contract. The terms of employment between such labor and the Tenderer/Contractor may be on mutually agreed terms subject to the statutory provisions contained in the Labor Regulations and enactments. The Contractor shall indentify the Railway against any claim arising out of employment of such labour and the Railway shall not be party to any disputes etc. arising out of the employment of such labour by the Tenderer/Contractor.

The intending tenderer should study with General Conditions of Contract, Special Conditions of Contract, and Instructions to Tenderer, Technical Specification, Drawings, Documents, Schedules etc. enclosed and also the General Conditions of Contract, 2022 of the Engg. Department with up to date modifications and IRS Conditions of Contract for the Stores department with up to date modifications all herein after collectively referred to as Tender Specification.

Provision in the instructions, General Conditions of Contract and Special Conditions of the Contract in the tender documents will override any overlapping provisions of General Conditions of contract 2022 of the Engg with up to date modifications and IRS Conditions of Contract for the Stores department with up to date modifications. When there is conflict between General Conditions of contract 2022 and special conditions of the contract, the special conditions shall prevail.

Other Local Taxes levied either by Governmental agency or by Municipal agency shall not be paid by the Railway. These are deemed to be included in the F.O.R. price, unless specifically brought out in the offer.

GENERAL REQUIREMENT :(a)All documents to be submitted in connection with this tender will be written in English. (b) Dimensions, weights etc. shall be in Metric System/British Standard Equivalents. The technical terms and symbols to be used will be as per General and Subsidiary Rules/Signal Engineering Manual/Extant Practice of East Central Railway.

ADVICE OF CANCELLATION OF DOCUMENTS BY TENDERER :The Cancellation of any document such as Power of Attorney/Partnership deed etc. should be forthwith communicated by the contractor to the Rly. Administration in writing failing which the Rly. Administration shall have no responsibility or liability for an action taken on the strength of the said document.

Any individuals signing the tender or other documents Connected there with should specify whether he is signing :(a)As sole proprietor of the concern or his attorney. (b)As partner or Partners of the Firm. (c) For the Firm per procure, or as a Director, Manager or Secretary in the case of a Limited Company.

THE RAILWAY NOT BOUND TO ACCEPT ANY TENDER: The Railway shall not be bound to accept the Lowest or any Tender or to assign any reason for non-acceptance or rejection of a Tender. No Tender shall be deemed to have been accepted unless such acceptance shall have been notified in writing to the successful tenderer by the Railway. The Railway reserves the right to accept any tender in respect of the whole or any portion of the work specified in the tender or to divide or reduce the work or to accept any tender for less than the tendered quantity without assigning any reason whatsoever.

The General Instructions and Special Instructions mentioned in various para to be read in conjunction with uploaded tender document which contains important formats/Annexures and Technical bindings and schedule of work etc.

Letter of credit as mode of payment in works tenders or service tenders is available. If is an option for the contractor to take payment from Railways through a letter of credit (LC) arrangement. The details letter of credit is as under:-

Option for Letter of Credit (V) In case tender opts for payment through LC, following shall be the procedure to deal release of payment through LC: (a) The LC shall be a sight LC. (b) The contractor shall select his Advising/Negotiating bank for LC. The incidental cost forward issue of LC and its operation thereof shall be borne by the contractor.(c) SBI, New Delhi ,Main Branch will be the nodal branch for issue of LCs based on online requests received from Railway Accounts Units fortenders opened in financial year 2018-19. SBI branches where the respective Railway Accounts Office has its Account (local SBI branch) will be the issuance/reimbursing branch for LC issued under this arrangement. The Bank shall remain same for this tender till completion of contract. The incidental cost @ 0.15% per annum of LC value, towards issue of LC and operation thereof shall be borne by the contractor and shall be recovered from his bills. (d) The LC shall be opened initially for duration of 180 to 365 days in consultation with contractor. The LC shall be extended time to time as per progress of the contract, on the request of the contractor. The value of LC to be opened initially as well as extended thereafter shall be finalized by the engineer in consultation with the contractor on the basis of expected progress of work. (e) The LC terms and conditions shall inter-alia indemnify and save harmless the Railway from and against all losses, 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 relation to the Letter of Credit(LC). As sums payable/borne by Railways on this account shall be considered as reasonable compensation and paid by contractor. (f) The LC terms and conditions shall inter-aliaprovided that Railways will issue a Document of Authorization (format enclosed as Annexure 2) after passing the bill for completed work, to enable contractor to claim the authorized amount from their bank. (g) The acceptable, agreed upon document for payments to be released under the LC shall bethe Document of Authorization.

Option for Letter of Credit (VI) In case tender opts for payment through LC, following shall be the procedure to deal release of payment through LC: (h) The Document of Authorization shall be issued by Railway Accounts Office against each bill passerby Railways. (i) On issuance of Document of Authorization, acopy of Document of Authorization shall be posted on IREPSfor download by the contractor. A digitally signed copy of Document of Authorization shall also be sent by Railway Account Officer to Railway's bank (Local SBI Branch). (j) The contractor shall take print out of the Document of Authorization available on IREPS and present his claim to his bank (advisingBank) for necessary payments as per LC terms and conditions. The claim shall comprise of copy of Document of Authorization, Bill of Exchange and Bill. (k) The payment against LC shall be subject to verification from Railway's Bank(Local SBI Branch). (l) The contractor's bank (advising bank) shall submit the documents to the Railway's Bank (Local SBIBranch). (m) The railway's bank (issuing bank) shall, after verifying the claim so received w.r.t the digitally signedDocument of Authorization received from Railway Accounts Office, release the payment to contractor's bank (advisingbank) for crediting the same to contractor's account. (n) Anynumber of bills can be dealt within on LC, provided the sumtotal of payments to contractor is within the amount for which LC has been opened. (o) The LC shall be closed after the release of final payment including PVC amount, if any, to the contractor. (p) The release of performance guarantee orsecurity deposit shall be dealt directly by railway with the contractor i.e., not through LC.

Provision of latest labour laws must be followed as per applicable.