Contract for Development of Gati Shakti Multi-Modal Cargo Terminal (GCT) near CHOURASHI Railway Siding - partially on Railway Land, over ADRA Division

Net worth :- Net worth of the applicant shall be at least fifty percent (50%) of the estimated cost of construction (as per the minimum infrastructural facilities determined by the Division) -- i) Audited balance sheet of last three financial years duly certified from CA. ii) Latest net worth Certificate from CA, not older than 06 months from the last date of submission of Bid

Eligibility Criteria for GCTO (self-attested copies to be submitted/uploaded) (A) Individual/ Sole Proprietorship Firm - 1. PAN 2. TAN (In case of sole proprietorship firm only) (B)Hindu Undivided Family (HUF) - 1. PAN 2. Notarized Affidavit declaring that the signatory is the 'Karta' of the HUF and has the authority, power, and consent of other members (C) Partnership Firm - 1. PAN and TAN 2. Notarized copy of the Partnership Deed/Partnership Deed registered with the Registrar 3. Notarized or registered copy of Power of Attorney in favour of the individual to sign on behalf of, and to create liability against the firm, (D) Company registered under Companies Act 2013 - 1. PAN and TAN 2. Memorandum of Association (MoA)/Articles of Association (AoA) 3. Certificate of Incorporation 4. Notarized or registered copy of Power of Attorney in favour of individual to sign on behalf of, and to create liability against the company 5. Resolution of the Directors of the Company, permitting the company to set up and/or operate a GCT, (E) Limited Liability Partnership (LLP) - 1. PAN and TAN 2. LLP Agreement 3. Certificate of Incorporation 4. Notarized or registered copy of Power of Attorney in favour of individual to sign on behalf of, and to create liability against the LLP, (F) Registered Society/ Registered Trust - 1. PAN and TAN 2. Certificate of Registration 3. Memorandum of Association of Society/ Trust Deed 4. Rules & Regulations of the Society 5. Notarized or registered copy of Power of Attorney in favor of individual to sign on behalf of, and to create liability against the Society/Trust, (G) Joint venture (JV)/ Consortium - 1. JV/ Consortium Agreement 2. Name and authorization of lead member (Note: On receipt of approval of Railway Administration for setting- up and/or operation of GCT, JV/Consortium shall have to convert into a legal entity - Firm/ Company/LLP. Agreement shall be entered into by RA with the above legal entity only.) (H) Government/ semi-government agencies and statutory bodies under Central/State govt. (including Development Authorities and municipal bodies) shall also function as GCT0, to set-up new Cargo Terminal(s). Note: - 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.

Essential Eligibility Criteria

Experience -- Applicant shall have at least two years' experience in manufacturing, transportation, or logistics and related business. i) Registration Certificates Manufacturing unit, Transportation firm, Logistics and related business unit. AND/OR ii) Experience certificate from Government/PSU/Public listed company. (The public listed company should have average annual turnover of Rs.500 Crores 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, provided the work experience certificate has been issued by a person authorized by the Public listed company to issue such certificates. iii) The date of registration of the tenderer should be minimum 2 years prior to the date of opening of tender.

For GCTs planned to be developed partially on Railway land and partially on non-Railway land, the bidder should have acquired the right on land (of sufficient size) contiguous to identified land parcel - either through ownership or through lease, or trough consent-letter(s) from actual land - owner(s) duly indicating their willingness to provide land to the bidder in case the contract is awarded to him. NOTE - Applicant/GCTO will be solely responsible for - (a) arranging/acquiring/ownership/lease/licensing of non-Railway land for the development of GCT, (b) all statutory and non - statutory clearances from other government departments and statutory bodies, (c) All clearances on Pollution issues should be obtained from the respective State Pollution Control Board before commissioning of siding and (d) payment of all charges, taxes / GST, surcharges, cess, levies etc, related to transportation and handing of cargo.

Additional Eligibility Criteria:

As on the tender opening date, tenderer should be holding a valid registration for the GST -(The copy of valid registration for the GST, duly self-attested/digitally signed or attested by notary).

As on the tender opening date, tenderer should be holding a valid PAN card of the firm. (The copy of valid PAN card of the firm, duly self- attested/digitally signed or attested by notary).

The bidders shall be required to submit an undertaking certifying the truthfulness of all the documents submitted/ uploaded along with the tender. This shall be mandatory for all the bidders. In case of failure of the bidder to submit the undertaking, their offer shall be summarily rejected. The standard format of undertaking to be submitted by the bidder 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.

Details of Work : - Adra Division, South Eastern Railway invites Open tender through "Two packet" (i.e. Technical and Financial bid) system of E-tendering from eligible agencies which fulfill qualification criteria as stipulated in the NIT for the work of "Development of Gati Shakti Multi-modal Cargo Terminal (GCT) near CHOURASHI Railway Siding, partially on Railway Land over Adra Division," Note: Manual offers are not allowed against this tender and any such manual offer received shall be ignored. 1.Place of work: Near CHOURASHI Railway Siding, partially on Railway Land over Adra Division, 2.Period of contract: - Agreement shall be signed for a maximum period of 35 years. (Provided any of the provisions of the Agreement and/or Policy has not been violated by the GCTO). If the Agreement is not renewed or in case of termination/Cancellation of agreement, the Railway land shall revert back to the Railways along with the entire infrastructure created on it, on as-is-where-is basis and without any legal or financial liabilities on either side. 3.Time given for commencement of construction: Three (03) months from the grant of approval of construction. 4.Time given for completion of construction: Eighteen (18) months from the grant of approval of construction. 5.Cost of tender documents: Rs.20,000/- + GST. The tender document cost shall be accepted only through net banking or payment gateway through the website www.ireps.gov.in. Cost of tender document will be Non- refundable. Manual payments through Demand draft, Banker's cheque, Deposit receipts, etc. are not allowed. 6.Earnest Money: The tender document must be accompanied with EMD of amount as mentioned in NIT. Earnest Money for participation shall be 10% of the Estimated project cost (Excluding the cost of land) of the Terminal. The earnest money shall be accepted only through net banking or payment gateway through the website www.ireps.gov.in. 6.1.The earnest money shall be rounded to the nearest Rs.100/-. 6.2.It shall be understood that the bid documents have been sold/issued to the Bidder and the Bidder is permitted to bid in consideration of stipulation on their part, that after submitting his Bid he will not resile from his/their offer or modify the terms and conditions thereof in a manner not acceptable to the Railway Administration. Should the Bidder fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited by the Railway Administration. 6.3.For the successful bidder, this Earnest Money shall be converted into Performance Guarantee, while the Earnest Money for unsuccessful bidders shall be refunded but the Railway shall not be responsible for any loss or depreciation that may happen thereto while in their possession, nor be liable to pay interest thereon. 7.Availability & submission of tender documents: Tender document is available on the website www.ireps.gov.in of Indian Railway Electronic Procurement System (IREPS). It has to be submitted online on this portal. No manual tender will be accepted anywhere.

8.Date fixed for bidding e-tender: As mentioned on the IREPS against NIT Header. 9.Late/Delayed Tenders: Submission of Tenders shall be closed on e-tendering website of Railway Administration at the date & time of submission prescribed in NIT after which no tender shall be accepted. It shall be the responsibility of the bidder/tenderer to ensure that his tender is submitted online on e-tendering portal before the deadline of submission. Railway Administration will not be responsible for any delay, internet connection failure or any error in uploading of tender submission. The tenderers are advised to upload their submission well before the due date and time of tender submission to avoid any problem and last-minute rush. 10.Validity of tender: 90 days from the last date of submission of tender. 11.Before submitting a Bid, the Bidder shall be deemed to have satisfied himself by actual inspection of the site and that all conditions liable to be encountered during the construction of terminal are taken into account and bidder has read all the provisions in the Railway Board's Master Circular on Gati Shakti Multi-Modal Cargo Terminal (GCT)- 2022 of dt- 06.12.2022 and Freight Marketing Circular No. 05 of 2024 and its amendments issued from time to time. When the bidding is done, the Bid shall be signed by the individual legally authorized to enter into commitments on behalf of the firm. Railway shall not be bound by any power of attorney granted by the Bidder or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however, recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the GCTO. 12.Submission of Tenders: - 12.1.The tenderers shall submit their offers in two packets in single stage on IREPS portal, one being Technical bid & other being Financial Bid. 12.2.In the first packet, (Packet- A), bidders will be evaluated on the following criteria: 12.2.1.Whether the bidder fulfills the minimum eligibility conditions, as stipulated in Para 17 below. 12.2.2.Whether the proposed plan of GCT fulfills the minimum infrastructural facilities decided by the Division (which shall be clearly defined by the Division while inviting tenders). 12.3.The first packet (Packet A) shall be with the objective of scrutinizing the capability, financial strength, experience etc. of the tenderers. The technical bids will contain the following information: (i)Complete set of tender documents (Packet-A) along with certificates/credentials in support of fulfillment of eligibility criteria. (ii)Earnest money. (iii)A copy of partnership deed/affidavit for proprietorship/Memorandum and Articles of Association etc. as the case may be. (iv)Under no circumstances, the technical bid (Packet A) should contain the rate offered. (v)Detailed layout/plan of the facilities to be constructed other than minimum infrastructural facilities along with "detailed plan of investment" shall be submitted by the bidder along with other documents in Packet A. (Plan of investment will be inclusive of the cost of establishing minimum infrastructural facilities).

12.4.The technical details and commercial conditions shall be read out before the tenderers or their representatives (if required) at the time of opening of tenders and the same shall be evaluated by the Tender Committee. The offers of the tenderers who qualify the minimum eligibility criteria as per para 17 below shall be examined further for evaluation. Tenderers who fail to meet the criteria shall not be considered for further evaluation and their bids shall be rejected. However, if on the basis of information contained in the first packet, the Tender Committee needs clarification regarding designs, specifications etc.; discussions shall be held with each individual party/ tenderer after obtaining approval of the Competent Authority. 12.5.If the technical offers are found acceptable, second packet shall be opened and the tenders shall be processed for finalization in the normal manner (eligible lowest bidder). (Bidders will be required to quote the percentage of Terminal Charges and Terminal Access Charges which they will claim from the Railway for all the traffic handled at the Terminal. Eligible bidder asking for the minimum share of Terminal Charges and Terminal Access Charges will be awarded the contract). The contents of the technical bid will be scrutinized and evaluated with respect to qualifying requirements by the nominated tender committee. Thereafter financial bid i.e. Packet "B" of only those tenderers shall be opened which have been adjudged technically successful during technical bid evaluation. The financial bid i.e. Packet B of unsuccessful bidders shall not be opened. Important note: The financial bid (Packet B) of the tender document will contain only the rate offered by the bidder in terms of percentage share of Terminal Charges and Terminal Access Charges (percentage up to two decimal points) which they will claim from the Railway for all the traffic handled at the Terminal. No other documents are to be given in Packet B. 12.6.In case the offer submitted by any of the tenderer is not found suitable after evaluation of technical bid, his earnest money will be refunded.

13.System of verification of Tender's credentials - a)The tenderer shall submit along with the tender document, documents in support of his/ their claim to fulfill the eligibility criteria as mentioned in the tender document. Each page of the copy of documents/ certificate in support of credential, submitted by the tenderer, shall be self-attested/ digitally signed by the tenderer or authorized representative of the tendering firm. Self-attestation shall include signature, stamp and date (on each page). Only those documents which are declared explicitly by the tenderer as "documents supporting the claims of qualifying the laid down eligibility criteria", will be considered for evaluating his/ their tender. b)The bidders shall be required to submit an undertaking certifying the truthfulness of all the documents submitted/ uploaded along with the tender. This shall be mandatory for all the bidders. In case of failure of the bidder to submit the undertaking, their offer shall be summarily rejected. The standard format of undertaking to be submitted by the bidder is enclosed. It shall be mandatorily incumbent upon the tenderer to identify, state and submit the supporting documents duly self-attested by which he / they is/are qualifying the Qualifying Criteria mentioned in the Tender Document. It will not be obligatory on the part of the Tender Committee to scrutinize beyond the submitted document of tenderer as far as his qualifying for the tender is concerned. c)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 Railways, make available all such information, evidence and documents as may be necessary for such evaluation. Any such verification or lack of such verification by the Railways shall not relieve the bidder of its obligation or liabilities hereunder nor will it affect any rights of the Railways there under. d)In case of any wrong information submitted by the tenderer, the contract shall be terminated, Earnest Money Deposit (EMD) and/or Performance Guarantee (PG) of contract forfeited and tenderer debarred for doing business in Adra Division up to 5 (Five) years.

14.The Railway Administration reserves the right to reject any or all the tender offers without assigning any reason whatsoever or to accept any tender with a higher offer. 15.This tender form is neither transferable nor the cost of tender form is transferable or refundable.

16.1.The bidders shall be required to submit an undertaking certifying the truthfulness of all the documents submitted/ uploaded along with the tender. This shall be mandatory for all the bidders. In case of failure of the bidder to submit the undertaking, their offer shall be summarily rejected. The standard format of undertaking to be submitted by the bidder is enclosed. 16.2.It shall be mandatorily incumbent upon the tenderer to identify, state and submit the supporting documents duly self-attested by which they/ he is qualifying the Qualifying Criteria mentioned in the Tender Document. It will not be obligatory on the part of the Tender Committee to scrutinize beyond the submitted document of tenderer as far as his qualifying for the tender is concerned. 17. Evaluation of Tender The bidders shall submit their offers in two packets over www.ireps.gov.in; with one packet having the Technical bid (Packet A) and the other packet containing the Financial bid (Packet B). The first Packet shall be with the objective of scrutinizing the capability, financial strength, experience etc. of the bidders. If the technical offers are found acceptable, the second packet shall be opened and the bids shall be processed for finalization in the normal manner (eligible lowest bidder). Those bidders who do not meet this criterion shall not be considered for opening their financial bids. However, if on the basis of information contained in the first packet, the Tender Committee needs clarification regarding processes, specifications etc. communication can be initiated with the bidders. In seeking clarifications, all communications with bidders shall be properly recorded so that an audit trail is maintained. Clarification shall be confined to the documents/information already submitted by the bidder.

18.Evaluation of Financial bid: All technically acceptable tenders will be eligible for consideration of their financial bid. Financial Bid of only those tenderers shall be opened whose technical bid is found compliant to the conditions stipulated in all the Clause 17 above. The financial proposal shall be evaluated to determine the lowest tenderer / bidder. Please also refer to Instructions for submitting Financial Offer-Packet-B as per Annexure- E. a). The financial bid (Packet-B) of the tender document will contain only the rate offered (percentage of TC and TAC quoted up to two places of decimal) by the bidder which he will claim from railways. b). Bidders shall quote the percentage of the share of Terminal Charge/Terminal Access Charges (TC/TAC) that will be retained by Railways - (I) If bidder quotes between 0 to 100% (say x%) it implies that Railways shall pay (100-x)% of TC/TAC to contractor. (II) If bidder quote more than 100% (say y%) it implies that Railway will retain 100% charges and moreover bidder shall pay (y-100)% of TC / TAC over and above TC/TAC retained by Railway. Eligible bidders giving maximum share of Terminal Charges/Terminal Access Charges will be awarded the contract. c). Kindly note that a single percentage offer rate has to be quoted by the tenderer for TC and TAC both. He cannot bid different percentages for TC and TAC separately. If done, the bid will be rejected. d). Financial bid should contain the schedule of rate entered into the Financial Rate page of IREPS Website www.ireps.gov.in and should be digitally signed. Rate and any other financial entity in any other form/letterhead, if attached by the bidder shall be straightway ignored and shall not be considered.

19.Award of Contract: The offer has to be made as the percentage of Terminal Charges and Terminal Access Charges which the bidder will claim from the Railway for all the traffic handled at the Terminal. a.Eligible bidders giving maximum share of Terminal Charges/Terminal Access Charges will be awarded the contract. b. In case of two (or more) eligible bidders quoting the same percentage, decision to award the contract shall be taken through the draw of lots system in presence of eligible tenderer / their authorized representative(s) to which tenderer should have no objection. The whole process of draw of lots would be video-graphed. 20.For GCTs established entirely or partially on Railway land, Railway will levy Terminal Charges and Terminal Access Charges similar to those being levied on Railway goods-sheds. These Terminal Charges and Terminal Access Charges will be shared with the GCTO according to the quoted bid percentage

21.Eligible Applicant a) The Bids for this contract will be considered only from those Bidders who meet requisite eligibility criteria. In the case of a JV or consortium, all members of the Group shall be jointly and severally liable for the performance of whole contract. b) A Bidder shall submit only one bid in the particular Bidding process, either individually as a Bidder or as a partner of a JV. A Bidder who submits or participates in, more than one bid will cause all the proposals in which the Bidder has participated to be disqualified. No Bidder can be a sub- contractor while submitting a bid individually or as a partner of a JV in the same bidding process. c) Any Central Government department/Ministry of Railways must not have banned business with the Bidder (any member in case of JV) as on the date of Bid submission. d) The bidder (any member in case of JV/consortium) must not have suffered bankruptcy/insolvency during the last 5 years. The Bidder should submit an undertaking to this effect as part of the bid. e) Bidders must not have a conflict of interest. Following shall be considered as conflict of interest in this bidding process: •If a Bidder or his associates/affiliates (inclusive of parent firms) has been engaged by the Employer (Railways) to provide consulting services for the preparation related to procurement or on implementation of the project; •If a Bidder lends, or temporarily seconds its personnel to firms or organizations which are engaged in consorting services for the preparation related to procurement for an implementation of the project, if the personnel would be involved in any capacity on the same project." •If the bidder or any of its constituents has changed its name or created a new business entity as covered by the definition of "Allied Firm" under Para 1102 (iii) of Chapter XI of Indian Railways Vigilance Manual consequent to having been banned business dealings or suspended business dealings.

22.Participation of Joint Venture (JV) Firms in Tender 22.1.Separate identity/name shall be given to the Joint Venture. 22.2.Number of members in a JV shall not be more than five, since the GCT development work involves more than one Department. One of the members of the JV shall be its Lead Member who shall have a majority (at least 51%) share of interest in the JV. The other members shall have a share of not less than 10% each in case of JV with more than three members. In case of JV with foreign member(s), the Lead Member has to be an Indian firm/company with a minimum share of 51%. 22.3.A member of JV shall not be permitted to participate either in individual capacity or as a member of another JV in the same tender. 22.4.The tender form shall be purchased and submitted only in the name of the JV and not in the name of any constituent member. The tender form can however be submitted by JV or any of its constituent member or any person authorized by JV through Power of Attorney to submit tender. 22.5.Earnest Money Deposit (EMD) shall be deposited by JV or authorized person of JV through e-payment gateway or as mentioned in tender document. 22.6.A copy of Memorandum of Understanding (MoU) duly executed by the JV members on a stamp paper, shall be submitted by the JV along with the tender. The complete details of the members of the JV, their share and responsibility in the JV etc. particularly with reference to financial, technical and other obligations shall be furnished in the MoU.

22.7.Once the tender is submitted, the MoU shall not be modified / altered / terminated during the validity of the tender. In case the tenderer fails to observe/comply with this stipulation, the full Earnest Money Deposit (EMD) shall be liable to be forfeited. 22.8.Approval for change of constitution of JV shall be at the sole discretion of the Railway. The constitution of the JV shall not be allowed to be modified after submission of the tender bid by the JV, except when modification becomes inevitable due to succession laws etc., provided further that there is no change in qualification of minimum eligibility criteria by JV after change of composition. However, the Lead Member shall continue to be the Lead Member of the JV. Failure to observe this requirement would render the offer invalid. 22.9.Similarly, after the contract is awarded, the constitution of JV shall not be allowed to be altered during the currency of contract except when modification become inevitable due to succession laws etc. and minimum eligibility criteria should not get vitiated. Failure to observe this stipulation shall be deemed to be breach of contract with all consequential penal action as per contract conditions. 22.10.On award of contract to a JV, a single Performance Guarantee shall be submitted by the JV as per tender conditions. All the Guarantees like Performance Guarantee, Bank Guarantee for Mobilization Advance, Machinery Advance etc. shall be accepted only in the name of the JV and no splitting of guarantees amongst the members of the JV shall be permitted.

22.11.On issue of LOA (Letter of Acceptance), the JV entity to whom the work has been awarded, with the same shareholding pattern as was declared in the MOU/JV Agreement submitted along with the tender, shall be got registered before the Registrar of the Companies under 'The Companies Act -2013' (in case of Company) or before the Registrar/Sub-Registrar under the 'The Indian Partnership Act, 1932' (in case of Partnership Firm) or under 'The LLP Act 2008' (in case of LLP). A separate PAN shall be obtained for this entity. The documents pertaining to this entity including its PAN shall be furnished to the Railways before signing the contract agreement for the work. In case the tenderer fails to observe/comply with this stipulation within 60 days of issue of LOA, contract is liable to be terminated. In case contract is terminated railway shall be entitled to forfeit the full amount of the Earnest Money Deposit and other dues payable to the GCTO under this contract. The entity so registered, in the registered documents, shall have, inter-alia, following Clauses: 22.11.1.Joint And Several Liability - Members of the entity to which the contract is awarded, shall be jointly and severally liable to the Railway for execution of the project in accordance with General and Special Conditions of Contract. The members of the entity shall also be liable jointly and severally for the loss, damages caused to the Railways during the course of execution of the contract or due to non-execution of the contract or part thereof. 22.11.2.Duration of the Registered Entity- It shall be valid during the entire currency of the contract including the period of extension, if any and the maintenance period after the work is completed. 22.11.3.Governing Laws - The Registered Entity shall in all respect be governed by and interpreted in accordance with Indian Laws.

22.12.Authorized Member - Joint Venture members in the JV MoU shall authorize one of the members on behalf of the Joint Venture to deal with the tender, sign the agreement or enter into contract in respect of the said tender, to receive payment, to witness joint measurement of work done, to sign measurement books and similar such action in respect of the said tender/contract. All notices/correspondences with respect to the contract would be sent only to this authorized member of the JV. 22.13.No member of the Joint Venture shall have the right to assign or transfer the interest right or liability in the contract without the written consent of the other members and that of the Railway in respect of the said tender/contract.

22.14.Documents to be enclosed by the JV along with the tender: 22.14.1.In case one or more of the members of the JV is/are partnership firm(s), following documents shall be submitted: (i) A notarized copy of the Partnership Deed, (ii)A copy of consent of all the partners or individual authorized by partnership firm, to enter into the Joint Venture Agreement on a stamp paper, (iii)A notarized or registered copy of Power of Attorney in favour of the individual to sign the MOU/JV Agreement on behalf of the partnership firm and create liability against the firm. 22.14.2.In case one or more members is/are HUF, the following documents shall be enclosed: (i) A copy of notarized affidavit on Stamp Paper declaring that he who is signing the affidavit on behalf of HUF is in the position of 'Karta' of Hindu Undivided Family (HUF) and he has the authority, power and consent given by other members to act on behalf of HUF. 22.14.3.In case one or more members of the JV is/are companies, the following documents shall be submitted: (i) A copy of resolutions of the Directors of the Company, permitting the company to enter into a JV agreement, (ii)The copies of MOA (Memorandum of Association) / AOA (Articles of Association) of the company (iii)A copy of Certificate of Incorporation (iv)A copy of Authorization/copy of Power of Attorney issued by the Company (backed by the resolution of Board of Directors) in favour of the individual to sign the tender, sign MOU/JV Agreement on behalf of the company and create liability against the company 22.14.4. All the Members of JV shall certify that they are not blacklisted or debarred by Railways or any other Ministry / Department of the Govt. of India from participation in tenders/contract on the date of opening of bids either in their individual capacity or as a member of the JV in which they were/are members.

22.15.Credentials & Qualifying Criteria: Technical, financial eligibility and Bid capacity of the JV shall be adjudged based on satisfactory fulfillment of the following criteria: 22.15.1.Essential Eligibility Criteria : The technical eligibility for the work as per para 17.2 above, shall be satisfied by either the 'JV in its own name & style' or 'any member having min 26% share'. (i) At least one member of JV shall have at least two years' experience in manufacturing, transportation, or logistics and related business; (ii)The net worth of the lead partner of JV shall not be less than 51% of the total net worth eligibility criteria of the tender mentioned at para 17.2 above. The arithmetic sum of individual "net worth" of all the members shall be taken as JV's "net worth" to satisfy this requirement. (iii)At least one member should have acquired the right on land (of sufficient size) contiguous to identified land parcel - either through ownership, or through lease, or through consent-letter(s) from actual land- owner(s) duly indicating their willingness to provide land to the bidder in case the contract is awarded to him.

23.Participation of Partnership Firms : 23.1.The Partnership Firms participating in the tender should be legally valid under the provisions of the Indian Partnership Act. 23.2.The partnership firm should have been in existence or should have been formed prior to submission of tender. Partnership firm should have either been registered with the Registrar or the partnership deed should have been notarized prior to date of tender opening as per the Indian Partnership Act. 23.3.Separate identity / name should be given to the partnership firm. The partnership firm should have PAN / TAN number in its own name and PAN / TAN number in the name of any of the constituent partners shall not be considered. The valid constituents of the firm shall be called partners. 23.4.Once the tender has been submitted, the constitution of the firm shall not normally be allowed to be modified / altered / terminated during the validity of the tender as well as the currency of the contract except when modification becomes inevitable due to succession laws etc., in which case prior permission should be taken from Railway and in any case the essential eligibility criteria should not get vitiated. The re-constitution of firm in such cases should be followed by a notary certified Supplementary Deed. The approval for change of constitution of the firm, in any case, shall be at the sole discretion of the Railways and the tenderer shall have no claims what-so-ever. Any change in the constitution of Partnership firm after opening of tender shall be with the consent of all partners and with the signatures of all partners as that in the Partnership Deed. Failure to observe this requirement shall render the offer invalid and full EMD shall be forfeited. If any Partner/s withdraws from the firm after opening of the tender and before the award of the contract, the offer shall be rejected and EMD of the tenderer will be forfeited. If any new partner joins the firm after opening of tender but prior to award of contract, his / her credentials shall not qualify for consideration towards eligibility criteria either individually or in proportion to his share in the previous firm. In case the tenderer fails to inform Railway beforehand about any such changes / modification in the constitution which is inevitable due to succession laws etc. and the contract is awarded to such firm, then it will be considered a breach of the contract conditions and the contract may be terminated by Railways.

23.5.A partner of the firm shall not be permitted to participate either in his individual capacity or as a partner of any other firm in the same tender. 23.6.The tender form shall be submitted only in the name of partnership firm.The EMD shall be deposited by partnership firm through e-payment gateway or as mentioned in tender document. The EMD submitted in the name of any individual partner or in the name of authorized partner(s) shall not be considered. 23.7.One or more of the partners of the firm or any other person(s) shall be designated as the authorized person(s) on behalf of the firm, who will be authorized by all the partners to act on behalf of the firm through a "Power of Attorney", specially authorizing him / them to submit & sign the tender, sign the agreement, receive payment, witness measurements, sign measurement books, make correspondences, compromise / settle / relinquish any claim(s) preferred by the firm, sign "No Claim Certificate", refer all or any dispute to arbitration and to take similar such action in respect of the said tender / contract. Such "Power of Attorney" shall be notarized / registered and submitted along with the tender. 23.8.On issue of Letter of Acceptance (LOA) to the partnership firm, all the guarantees like Performance Guarantee etc. shall be submitted only in the name of the partnership firm and no splitting of guarantees among the partners shall be acceptable. 23.9.On issue of Letter of Acceptance (LOA), contract agreement with partnership firm shall be executed in the name of the firm only and not in the name of any individual partner.

23.10.In case the Letter of Acceptance (LOA) is issued to a partnership firm, the following undertakings shall be furnished by all the partners through a notarized affidavit, before signing of contract agreement. 23.10.1.Joint and several liabilities: The partners of the firm to which the Letter of Acceptance (LOA) is issued, shall be jointly and severally liable to the Railway for execution of the contract in accordance with General and Special Conditions of the Contract. The partners shall also be liable jointly and severally for the loss, damages caused to the Railway during the course of execution of the contract or due to non-execution of the contract or part thereof. 23.10.2.Duration of the partnership deed and partnership firm agreement: The partnership deed/partnership firm agreement shall normally not be modified/altered/ terminated during the currency of contract and the maintenance period after the work is completed as contemplated in the conditions of the contract. Any change carried out by partners in the constitution of the firm without permission of Railway, shall constitute a breach of the contract and the contract may be terminated by Railway. 23.10.3.Governing laws: The partnership firm agreement shall in all respect be governed by and interpreted in accordance with the Indian laws. 23.10.4.No partner of the firm shall have the right to assign or transfer the interest right or liability in the contract without the written consent of the other partner/s and that of the Railway. 23.11.The tenderer shall clearly specify that the tender is submitted on behalf of a partnership firm. The following documents shall be submitted by the partnership firm, with the tender: (i) PAN and TAN (ii)Notarized copy of the Partnership Deed/ Partnership Deed registered with the Registrar (iii)Notarized or registered copy of Power of Attorney in favour of the individual to sign on behalf of, and to create liability against the firm. (iv)An undertaking by all partners of the partnership firm that they are not blacklisted or debarred by Railways or any other Ministry / Department of the Govt. of India from participation in tenders / contracts as on the date of opening of bids, either in their individual capacity or in any firm in which they were / are partners. Concealment / wrong information in regard to above shall make the contract liable for termination by Railways. 23.12.Evaluation of eligibility of a partnership firm: Technical and financial eligibility of the firm shall be adjudged based on satisfactory fulfillment of the eligibility criteria laid down in Clause 17 above. 23.13.After opening of the Bid, any document pertaining to the Constitution of the Firm/JV/Society etc. shall neither be asked nor be entertained/ considered.

24.Monitoring and completion of the work: 24.1.Monitoring of construction work will be done by SS of the serving station and periodical inspection of work by sectional CMI. It will be obligatory for the GCT Operator (GCTO) to submit Monthly works progress report to Sr. DCM by 7th of every month duly verified by SS and CMI. 24.2.After the completion of work (as per scope of work prescribed in LOA), the GCTO will submit work completion report in written to Sr. DCM. 24.3.After the GCT is constructed and commissioned, for the entire contract period, the GCTO will be responsible for maintaining all the common user facilities thus created including the Railway complex. 25.Time frame for completion of work: Successful bidder shall commence construction within Three (03) months of the grant of approval of construction and complete construction within Eighteen (18) months of the grant of approval. 25.1.If the bidder fails to adhere to the prescribed time-lines, one extension may be granted with the approval of DRM, up to a maximum of three months - considering the merits of the case. 25.2.Under exceptional circumstances beyond the control of the bidder, DRM may grant a further extension of up to six months. 25.3.If the bidder fails to complete the construction even after the lapse of such extensions (as above), the Agreement will be terminated and Performance Guarantee will be forfeited. 25.4.At the time of cancellation/termination/expiry of the Agreement, the Railway land, along with the entire infrastructure developed on it by the bidder, shall revert back to Railway on as-is-where-is basis, without payment of any compensation. 26.Responsibility for maintaining the track and signaling equipment shall be as per the provisions of Para 7 and Schedule-3 of GCT Policy-2022 and its amendments from time to time. Responsibility of maintaining loading/ unloading wharf(s), roads, drainage, etc, shall rest with the GCTO. 26.1.GCTO shall also be responsible to ensure that the entire infrastructure of Terminal is properly maintained and is duly upgraded/ replaced at the end of codal life, as per Good Industry Practices. 26.2.Railways can impose a fine on the GCTO if the desired level of upkeep/ maintenance of assigned facilities at the GCT terminal are found unsatisfactory during the currency of the contract. Fine for unsatisfactory maintenance and upkeep of the facilities may be imposed by Sr. DCM.

27.Termination of Agreement 27.1.Subject to the provisions in the Agreement, Railway Administration may terminate the Agreement with a GCTO operating a GCT in the event of any serious irregularity committed by the GCTO. This may include any grave breach of the terms and conditions of the Agreement, any default by GCTO, violation of The Railway Act, 1989, or commission of an unlawful act which is not in-line with Good Industry Practices. 27.2. Before terminating the Agreement, Railway Administration (RA) shall first issue a Show Cause Notice, informing GCTO to submit representation within 30 days. If no response is received, or if the response of GCTO is not satisfactory, a written Notice of Termination specifying a grace period of 180 days shall be given to the GCTO, by Sr. DCM with the approval of DRM. However, if no reply to the Notice for Termination is received within 180 days of the issue of Notice for Termination, the Agreement with GCTO will stand terminated and the same shall be communicated by Sr. DCM to GCTO. No termination payment shall be made by RA to the GCTO. 27.2.1.If the GCTO submits a reply within 180 days, RA will take further course of action on the merit of the case. 27.3.The GCTO will also have the right to terminate the Agreement by giving a notice of 180 days to the Railway Administration in the event of any difficulty faced by the GCTO in smooth functioning of the Terminal for reasons attributable to Railway as laid down in this policy, or for any other reason internal to the GCTO. No termination payment shall be asked by Railway from GCTO. 27.4.Any dispute arising out of this Agreement will be resolved through the Dispute Resolution Mechanism as prescribed under Para 19. of the Master Circular on Gati Shakti Multi-modal Cargo Terminal.

27.5.Notwithstanding anything contained in the Agreement, the Railway Administration shall be entitled, in the event of the Railway Administration being of the opinion that the Applicant's traffic over the terminal is insufficient to justify the retention of terminal by the Applicant of which the 'Divisional Railway Manager' of the Railway Administration will be the sole judge to terminate this Agreement by giving to the Applicant not less than 180 days notice in writing of the Railway Administration's intention to terminate this Agreement and on the expiry of such notice, this Agreement shall stand terminated. 27.6.The termination of this agreement under the provisions of this Clause shall be without prejudice to any rights of remedies to which the Railway Administration will be entitled to, in respect of any acts, matter or things arising before such termination. Power To Close The Portion Of The Terminal Within Railway Land Colored Red In The Annexed Plan Or Work It For Public Traffic: 27.7.In the event of the Railway Administration deciding in the public interest to close the terminal or any part or extension thereof or to work the terminal or any part or extension thereof for public traffic as part of the railway system (the decision of the Railway being final in this case and the service of the notice as hereinafter stated shall be conclusive evidence of the same) the Railway Administration may terminate this Agreement by giving to the Applicant 6 (six) month's previous notice in writing of such decision and on the expiration of such notice this Agreement shall terminate.

Power To Stop Traffic And To Terminate Agreement In Certain Events: 27.8.The Railway Administration shall have the absolute right to refuse at any time to allow their rolling stock to go on or be used upon the Terminal or any part or extension thereof and shall also be entitled to determine this Agreement at any time after the happening of any of the following events: 27.9.In the event of the Applicant failing to deposit within the time fixed for the purpose any sum of sums required to be deposited under the provision of these presents or according to any direction of the Railway Administration. 27.10.In the event of the Applicant failing to pay any other sums payable to the Railway Administration under this Agreement or any other changes payable to the Railway administration in respect of the terminal or the use thereof within one month after the due date of payment or in the event of a due date not being specified then within one month after service of a written-demand for payment. 27.11.In the events of the Applicant failing to comply with any requisition of the Railway Administration to remove or repair any defect which in the opinion of the Railway administration may endanger the working and safety of the terminal within such time as shall be fixed by the Railways Administration for the purpose. 27.12.In the events of the Applicant ceasing for a consecutive period of 3 (three) months to use the terminal or any part for extension thereof for the Applicant's own traffic in connection with the Applicant's Works. 27.13.In the event of the Applicant contravening the provision of Para 98 hereof. 27.14.In the event of the Applicant failing to observe or perform any other obligation on his part herein contained. 27.15.In the event of the terminal becoming dangerous or defective by reason of any act of God or other act or circumstances for which the Railway Administration is not responsible. 27.16.In the event of any branch line. terminal or part or extension thereof, connecting the terminal or any part or extension thereof with the Railway system, becoming dangerous or defective for any reason whatsoever and whether such branch line terminal part or extension shall belong to the Applicant or to any third person.

27.17.In the event of any branch line, terminal or any part or extension thereof connecting the terminal or any part or extension thereof with the Railway system, being closed by the Railway Administration under any powers which the Railway Administration may possess whether by status or by Agreement with third persons or closed by order of the Government of India or any State Government. The Applicant shall have no claim whatsoever against the Railway Administration in respect of any refusal by the Railway Administration to allow their rolling stock to go on or be used upon the terminal or any connected Terminal or branch line in any of the aforesaid events. Provided always that on the happening of any of the events mentioned in sub-Clauses 28.8, 28.9, 28.10, 28.12, 28.13, 28.14, the Railway Administration shall not exercise the power conferred upon it by this Clause unless 14 (Fourteen) days' previous notice has been given in writing requiring the Applicant to comply with the demand or requisition as the case may be of the Railway Administration and the Applicant has failed to comply with the Same within the time specified in such notice. No notice shall be required to be given in the cases specified in the other sub- clauses of this clause. Termination of Agreement on Death, Insolvency etc.: This agreement may be determined by the Railway Administration without prior notice at any time after the happening of any of the following events: In the event of the death of the Applicant, if he is an individual person. In the event of a partition of the Joint family properties, if the Applicant is a Joint family governed by the Mitakshara School of Hindu Law. In the event of dissolution of partners either by act of parties or by order of Court, if the Applicant is a firm or other association or body of individuals. In the event of dissolution of partners either by act of parties or by orders of Court, if the Applicant is a firm or other association or body of individuals. In the event of Applicant becoming insolvent or going into liquidation either voluntarily or under an order of a competent Court. In the event of the Applicant's interest in the works becoming wholly or partially vested in some other person. In the event of the Applicant contravening the provision of Para 28.7 hereof.

Consequence of Termination Under any of the above clauses under Para 28 above: (i) On termination of this agreement under provisions of above clauses under Para 28 above, thereof, the Railway Administration shall be entitled to disconnect from their Railway, the portion of the said terminal within the Railway land (colored red on the said plan) at the cost of the Applicant and take up and remove the same and the appliance connected therewith and dispose of the materials thereof as they may think fit rendering to the Applicant surplus (if any) to arise from such disposal after first defraying and reimbursing there at all costs and expenses on and incidental to such taking up, removal and disposal and all sums owing to them by the applicant under the terms of this Agreement or for freight or carriage. (ii) Provided always that the Railway Administration shall at all times have lien on the portion of the said terminal within the Railway land (colored red in the said plan) and appliances connected therewith and materials thereof for all sums owing to them from the Applicant under the terms of this agreement or for freight or carriage. The Applicant shall have no claim whatsoever against the Railway Administration in respect of termination of this agreement whether under any of the provisions of those presents or in any manner not provided for by those presents. 29.2. Agreement To Bind Applicant Until Terminated By The Railway Administration 29.2.1 Until terminated by the Railway Administration or unless and until the person or persons in whom the entire rights and interests of the Applicant have vested and with whom the Railway Administration has agreed to enter into a Cargo Terminal Agreement has executed and registered such Agreement in the same form as these presents or in such other form as the Railway Administration may require as provided in Para 28.7 hereof, this Agreement shall be binding upon the Applicant and the successors in title or interest of the Applicant in the Applicant's work. (i) Provided that the Applicant may by giving 180 days notice to the Railway Administration, discontinue the use of the terminal. In such event, the Applicant shall not be liable for the payment of maintenance and other charges under the Agreement for the period subsequent to the date of expiry of the said notice, but nevertheless all other obligations under the Agreement shall binding on him. (ii) Provided further that the Railway Administration has the right without assigning any reason to terminate this Agreement on 180 days notice.

Applicant To Handover/Revert Back Railway Land Within A Month Of Termination On termination of this Agreement Railway land shall revert back to Railways within a month of termination, without payment of any compensation. 29.4. Right to Charge Interest on Money Due Hereunder To The Railway Administration: Notwithstanding anything contained in the foregoing Clauses above, the Railway Administration shall have the right to charge and recover from the Applicant interest at such rates, as may be fixed by the Railway Administration from time to time on any or all sums payable by the Applicant under the terms thereof, if such sums are not paid within one month from the due date and if no such date is fixed, within one month from the date on which a written demand is made by the railway Administration. 29.5 Right of Deduction Of Money Due To The Railway Administration: - The Railway Administration shall have the right to deduct from any amount which may become payable by the Railway Administration to the Applicant or to the legal representative of the Applicant any money due from the Applicant to the Railway Administration under these presents under freight, haulage or other charges or otherwise in connection with the construction, maintenance or working of the terminal. 29.6. Service Of Notices On Applicant: The Applicant shall maintain a proper office to which all letters, notices, demands and other communications intended for the Applicant may be sent and every notice, demand or other communication which shall be delivered at or sent by Registered Post to suck office shall for all purposes whatsoever be deemed to have been validly and effectively delivered to the Applicant. 29.7 Exercise Of Powers: Subject as otherwise provided in this agreement, all notices to be given on behalf of the President of India and all other actions to be taken on his behalf may be given or taken on his behalf by the Railway Administration the agreement signing authority or his authorized representative. 29.8 Alteration/Variation Of The Agreement: Except as hereby provided any verbal or written arrangement or abandoning varying or supplementing this Agreement or any of the terms hereof shall be deemed conditional and shall not be binding on the railway administration unless and until the same is endorsed on this agreement or incorporated in a formal instrument and signed by the parties hereto and till then the Railway administration shall have the right to repudiate such arrangement.

Applicant Not To Transfer Rights: (i) The Applicant shall not be entitled to assign or transfer or subject or permit to be used or enjoyed by any other person in any manner whatsoever any of the rights or benefits conferred upon the Applicant by these presents and any purported assignment transfer or subletting or permission shall be void and of no effect Provided also that in the event of any other person being permitted by the Railway Administration to use the terminal on the Applicant's request or otherwise the Applicant shall remain responsible to the Railway Administration for all the charges and obligations under this Agreement. (ii) Provided, however, that if the Applicant shall desire to transfer the Applicant's Works to any person or if the applicant being a Company shall go into liquidation and such intended transferee or the liquidator of the Company shall desire the use and benefit of the terminal than subject to the under mentioned conditions being complied with the Railway Administration may at its discretion on the written request of the Applicant and of the intended transferee or liquidator made prior to the transfer or within one month after the commencement of the liquidation as the case may be and after production by the transferee of the registered Deed of Transfer of the Applicant's Works after proof by the liquidator of this intension to carry on the Company's business for the purpose of the liquidation proceedings, allow the transferee or liquidator the use and benefit of the terminal. The conditions above mentioned are the following: That the liquidator shall be approved by the Railway Administration, but such approval will not unreasonably withheld. That the liquidator shall duly sign and register a Cargo Terminal Agreement in the same form as these presents so far as then applicable or in such other form as the Railway Administration may then require That the applicant, Railway Administration and transferee shall duly execute an agreement of assignment as may be prescribed by the Railway Administration.

Cost of Execution Of Agreement: All expenses in drawing up the Agreement and the cost of stamping and registration shall be borne by the TO/Applicant. "Money receipt" obtained from the Registration Office should be handed over to the Railways for collection of registered agreement which shall remain in the custody of Railways. Any charges, if levied for collection of registered agreement, shall also be borne by the Applicant 29.11 Agreement period: The period of Agreement shall be signed for 35 (Thirty Five) years provided any of the provisions of the Agreement and/or Policy has not been violated by the GCTO. 30. Materials specification Approved quality of branded items should only be used for the work under 'scope of work'. All repairs and routine maintenance of the common user facilities of the GCT should be promptly attended by the GCTO as per the provisions of Railway Board's "Master Circular on Gati Shakti Multi-Modal Cargo Terminal -2022." The SS of the concerned station shall duly notify the representatives of the agency of the works required. A register to this effect duly noting the date of instruction, instruction itself and date of attention/completion is to be kept by SS as well as the GCTO and produced per month along-with the bill for payment duly certified by the SS.

. Incentives under the scheme - a) The incentive to the GCTO shall be in form of a share in the Terminal Charges (TC) and Terminal Access Charges (TAC) for all the inward and outward eligible rakes dealt at the GCTO for the period of contract. b) The TC & TAC due to the party for a month shall be paid in the succeeding month. GST liabilities, if any, on the payment of TC & TAC to the GCTO shall be borne by the GCTO. c) The payment of Terminal Charges and Terminal Access Charges shall start only when the minimum infrastructural facilities, as agreed upon mutually between railways and the GCTO have been completed. d) TC &TAC on traffic for any other month shall be calculated in terms of placement time of rake in the month and shall be reckoned on actual tonnage of the rake/wagons placed as per RR. Unless otherwise mentioned in this policy, 1. Existing 'Commercial and operating rules' as applicable on a Goods Shed for booking, supply and delivery of goods shall be applicable at GCTs on railway land. 2. Existing 'Commercial and operating rules' as applicable for a private siding for booking, supply and delivery of goods shall be applicable at GCTs on non - railway land. e) Subject to the provisions of para 16 of Schedule '2' of the Master Circular on Gati Shakti Multi-modal Cargo Terminal - 2022, GCTO will be free to create infrastructure and/or to provide value-added services/ facilities (such as warehousing, processing, packaging, etc) provided that such infrastructure/ value- added services/ facilities, if created, shall be available to all users of the GCT without discrimination of any sort. GCTO will also have the authority for deciding the user charges/ fees for value-added services/facilities as per market conditions - without any interference from Railway. However, the use of value-added services/ facilities will be optional and no customer will be forced to use those services or to pay for them. Such value- added services/ facilities shall conform to Good Industry Practices. f) GCTO shall not sub-lease/ sub-license/ mortgage Railway land, and shall not create any third-party encumbrance on Railway land. g) For any value-added service/ facility developed on Railway land, GCTO shall ensure that either the complete inward traffic or the complete outward traffic, for each commodity handled, is transported through Indian Railway system. Railway reserves the right to undertake any inspection of the Terminal to safeguard its interests and to direct the GCTO to discontinue such activities if such activities are detrimental to Railway's cargo business, failing which the Agreement may be terminated. For avoidance of doubt, such termination will be treated as default by the GCTO. h) The responsibility of obtaining all statutory and environmental clearances for such value-added services, if required, shall rest solely with the GCTO. Any violation of statutory compliance will invite merit for termination clause of the Agreement on GCTO's default. Any liability/ default created by such violation will be the sole responsibility of the GCTO, and Railway will not be responsible for this.

GCTO shall use Railway land for activities related to Railway cargo business only. If the GCTO indulges in any commercial activity not related to Railway cargo business on Railway land or fail to adhere to the provisions of Para 16 and its sub-paras of Schedule '2' of the Policy, the Agreement for GCT may be terminated without any compensation/ termination payment to the GCTO. For avoidance of doubt, such termination will be treated as default by the GCTO. In case of any dispute whether any activity is related to Railway cargo business or not, the decision of the nodal officer (i.e. DRM) shall be final and binding on the GCTO. 33. The GCT located completely or partially on Railway land will remain a common-user facility, and GCTO shall ensure non-discriminatory access for all rail-customers/ potential customers to such Terminals. The GCTO will not prevent any rail-customer/ potential customer from accessing the Terminal (provided the facilities for handling their cargo exists at the terminal). Road access to the GCT will not be blocked by the GCTO. 33.1. All Handling (loading and unloading) of cargo at a GCT shall be done by the GCTO (or any agency appointed/ authorized by him), for which handling charges/ fee as decided by the GCTO may be charged. Handling charges/ fee shall be fixed in a nondiscriminatory manner, and shall conform to Good industry practices. 33.2. No wharfage shall be levied by Railway for storing/ stacking of goods on land leased/licensed to the GCTO. 33.3. GCTO will have the permission to expand the Terminal further by acquiring/ leasing the adjacent non-Railway land. However, any such acquisition/ leasing of additional land will have to be managed by the GCTO through his own resources. Railway will not charge any Land License Fees for the additional land acquired by the GCTO. In such cases, the levy of Terminal Charges and Terminal Access Charges - and their sharing with the GCTO - will continue as before as per the decided principle. 33.4 Railway land shall be leased to the GCTO and the GCT Agreement shall be signed for a maximum tenure of 35 years. At the time of expiry/termination/Cancellation of agreement, the Railway land shall revert back to the Railways.

A joint team (comprising Sr. DOM, Sr. DCM, Sr. DEN, Sr. DSTE & Sr. DEE/TRD) shall inspect the GCT at least once a year to ensure that there is no breach of Agreement or policy provisions by the GCTO. In addition, inspections may also be conducted by Railway officials as per the provisions of para 16.2 and 17 of Schedule 2 of the policy. If any breach/violation on part of GCTO is detected during these inspections, Railways shall take action as per Para 20 of the policy.

Electricity and Water Charges during construction and after commissioning During construction of GCT, all the switches, MCBs, cables, pipes etc. will have to be provided at his own cost by the GCTO. GCTO may arrange electricity and water from outside agencies. If GCTO opts for water and electric connectivity from Railway, a separate electric meter and flow meter for electricity and water respectively will be installed by GCTO at his cost and he will be liable to keep a record of the same and produce the same during any inspection and update the summary of consumption in the monthly bill. Connection shall be provided by railways from the nearest available electric point and water point from where GCTO has to extend connection at his cost. After construction and for the entire period of contract, GCTO may or may not choose the electricity and water connection facility from Railway. If he opts for these facilities from Railway, the charges of the same will have to be paid by him. 36. Tax Liability - The GCTO shall be responsible for all the taxes to be paid to the civic and other agencies for the service rendered by him. There will be no tax liability upon the railways whatsoever on any amount. All taxes i.e. GST and income tax will be dealt as per extant rules.

Complaints and Suggestions - While the GCTO is responsible for ensuring complaint free service, they should also maintain complaint and suggestion register at the SS office/Suitable place, as directed by Railway administration, which should be made available to the users on demands. The Complaint book will be regularly checked by authorized railway officers/inspectors. Railways can impose a fine on the service provider if the desired level of service is not rendered for lack of proper upkeep, facilities etc.

Schedule of Payment - There will no advance payment. After issuance of approval of construction, GCTO has to execute work as per scope of work. Once work is completed as per the scope of work so mentioned, the GCTO shall inform the Railways. Accordingly, the GCT will be inspected by Railways and after satisfying completion of Works, Commercial notification will be processed. After the issuance of commercial notification, the rakes can be booked to/from the GCT. The TC and TAC will start accruing from the date of issue of commercial notification. The payment will be made on a monthly basis as per the offered and accepted percentage rates based on the Terminal charge (TC) and Terminal access (TAC) collected by Railway Administration in GCT on traffic handled both inward and outward. The data for the same captured by railway will be given to the GCTO who will prepare bill according to the same. At the end of the month, the GCTO shall submit necessary documents & Bill in the standard format for payment. The GCTO will submit the bill on monthly basis in 02 copies duly forwarded by concerned CGS and SS by 10th of following month in the office of Sr. DCM. These bills after necessary check will be sent to divisional finance for further processing and payment. The TC and TAC for calculation of share shall be taken for a month for rakes handled and shall be reckoned from the Release Time of the complete rake. All the terms & conditions of the bills for payments purpose should be strictly complied with in accordance with the guidelines, issued by the competent authority from time to time.

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 obligation or liabilities hereunder nor will it affect any rights of the railway their under. 41.- Right of Railway to Deal with Bids: The Railway reserves the right of not to invite tenders for any of Railway work or works or to invite open or limited tenders and when tenders are called to accept a tender in whole or in part or reject any tender or all tenders without assigning reasons for any such action. The authority of the acceptance of the bid will rest with the Railway. It shall not be obligatory on the said authority to accept the lowest bid or any other bid and no Bidders(s) shall demand any explanation for the cause of rejection of their Bid or the Railway to assign reason for declining to consider or reject any particular Bid/s. 41.1.- If the bidder(s) expire(s) after the submission of his/their tender or after the acceptance of his/their tender, Railway shall deem such tender cancelled. If a partner of a firm expires after the submission of their tender or after the acceptance of their tender, the Railway shall deem such tender as cancelled, unless the firm retains its character. 41.2.- If the bidder, whose bid has been found to be the lowest evaluation bid, withdraws or whose bid has been accepted, fails to sign the contract as may be required, or fails to provide the performance guarantee as may be required for the performance of the contract or otherwise withdraws from the tendering and construction process, Railway shall cancel the tender, EMD will be forfeited and tenderer will be debarred to do business with Adra division for 5 years.

Omissions & Discrepancies: Should a Bidder find discrepancies in or omissions from the drawings or any of the Bid Forms or should he / she be in doubt as to their meaning, he / she should at once notify the authority inviting Bidders who may send a written instruction to all the Bidders. It shall be understood that every endeavor has been made to avoid any error which can materially affect the basis of tender and successful Bidder shall take upon himself and provide for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof. 43. Railway Passes - No Railway passes shall be issued by the Railway to the GCTO or any of his employees/workers. Wherever required, the 'authority of entering of Railway premises' shall be provided. 44. Carriage of Materials - No forwarding orders shall be issued by the Railway for the conveyance of GCTO's materials, tools and plant by Rail which may be required for use in the works and the GCTO shall pay full freight charges at public tariff rates therefore. 45. Performance Guarantee: - For the successful bidder, the Earnest Money shall be converted into Performance Guarantee. 45.1. The Performance Guarantee shall be refunded in full, six months after the commissioning of the Terminal - subject to clearance of all pending dues of Railway by the GCTO. 45.2. If the successful bidder fails to start or complete the construction of GCT within the stipulated time (including the extensions granted by Competent Authority, if any), the Earnest Money/Performance Guarantee shall be forfeited; and the Railway land shall revert back to Railway.

Force Majeure - 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/pandemics, 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 DRM 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.

Illegal Gratification: 1.1. Any bribe, commission, gift or advantage given, promised or offered by or on behalf to the GCTO or her partner, agent or servant or anyone on his behalf, to any officer or employee of the Railway, or to any person on his behalf in relation to obtaining or execution of this or any other contract with the Railway shall, in addition to any criminal liability which he may incur, subject GCTO to the rescission of the contract and all other contracts with the Railway and to the payment of any loss or damage resulting from such decision and the Railway shall be entitled to deduct the amounts so payable from the GCTO's bills/Performance Guarantee or any other dues of GCTO with the Railways/Government of India. 1.2. The GCTO shall not lend or borrow from or have or enter into any monetary dealings or transactions either directly or indirectly with any employee of the Railway and if he shall do so, the Railway shall be entitled forthwith to rescind the contract and all other contracts with the Railway. Any question or dispute as to the commission of any such offence or compensation payable to the Railway under this Clause shall be settled by the General Manager of the Railway, in such a manner as he shall consider fit & sufficient and his decision shall be final & conclusive. In the event of rescission of the contract under this Clause, the GCTO will not be paid any compensation whatsoever except payments for the work done up to the date of rescission.

Adherence to Specifications and Drawings The whole of the construction work shall be executed in perfect conformity with the specifications and procedures (and drawings, wherever applicable) of the contract. If GCTO performs any act in a manner contrary to the specifications or drawings or any of them and without such reference and approval of Sr. DCM, he shall bear all the costs arising or ensuing there from and shall be responsible for all loss to the Railway. 49. Alterations to be Authorized No alterations in or additions to or omissions or abandonment of any part of the construction work shall be deemed authorized, except under instructions from Sr. DCM with the approval of DRM. The GCTO shall be responsible to obtain such instructions in each and every case in writing from Sr. DCM. 50. For anything not mentioned in bid document, "Master Circular on Gati Shakti Multi-modal Cargo Terminal (GCT) - 2022" & its amendments upto date shall prevail. 51. Governing Law & Jurisdiction: Tenders containing erasures and alterations of the tender documents are liable to be rejected. Any corrections made by the tender/s in his/their entries should be in ink and must be attested by him/them under full signature and date. 52. In case the tenderer/s quote/s multiple rate, the offer will be treated as incomplete/ ambiguous and shall be summarily rejected. The rates should be quoted upto two decimal places only. If rates are quoted beyond two decimal places, only first two decimal places will be considered without rounding off. Quoting of rates in any other manner shall be summarily rejected. 53. Additional conditions or deviations if any must be mentioned by the tenderer/s in a separate letter with the technical bid. The Railway reserves the right not to consider conditional tenders and reject the same without assigning any reason. Only those additional conditions, which are explicitly accepted by the Railway, shall form part of the contract.

No Post tender correspondence for submission of additional documents shall be entertained after opening of the Technical & Financial offer. Even suo-moto post tender letters of the tenderers shall be treated as NULL & Void.

The advertised cost of tender is approximate and is given only as a guide. 56. No change in the constitution of the firm / Company/ Partnership firm/ Society shall be permitted after opening of the tender except where necessitated due to the succession law. 57. The tenderer/s shall keep the offer open for a prescribed period of 90 days from the date of opening of the tender. During this period tenderer cannot withdraw his/their offer subject to period being extended further if required by mutual agreement from time to time. It is understood that tender documents have been sold/issued to the tenderer and the tenderer is/are being permitted to tender in stipulation on his/their part that after submitting his/their tender he/they will not be permitted to modify his/her offer or the terms and conditions thereof in a manner not acceptable to the South Eastern Railway. In case tenderer fails to observe to comply with the forgoing stipulation, the amount deposited as security as due performance of the stipulation and to keep the offer open for the specified period shall be forfeited to the railway. If the tender is accepted, the Earnest Money shall be converted into Performance Guarantee. 58. No interest is payable upon the Earnest Money and Performance Guarantee or amount payable to the GCTO under contract.

The GCTO shall be responsible for carrying out all legal obligations as may be required by the law. Broadly they are as under: Contractor Labour (Regulation and Abolition) Act 1970 Minimum Wages Act, 1948 Payment of Wages Act 1936 Apprentices Act, 1961 The Workman's Compensation Act, 1923 Provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952 "The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996" and "The Building and Other Construction Workers' Welfare Cess Act, 1996" Employees State Insurance Act, 1948 Employees Pension Scheme, 1995 Factories Act, 1948 Enforcement of Employment of Manual Scavengers and Construction of Dry Latrines (Prohibitions) Act, 1993 Solid Waste Management Rule, 2016. The minimum wages rate shall be calculated as per latest notification by Ministry of Labour & Employment, Government of India, Office of The Chief Labour Commissioner (C), Howrah / West Bengal regarding fixation of Minimum wages. Guidelines issued by NGT / Respective State Pollution Control Board from time to time. The GCTO shall also fulfill any other required legal obligations as part of this contract.

Policy Governing the Contract: 1.1. Except where specifically stated otherwise in the tender documents, the work is to be carried out in accordance with Master Circular on Gati Shakti Multi-modal Cargo Terminal-2022 and its amendments issued from time to time. 1.2. Where there is any conflict between special tender conditions regarding instructions to tenderer/s, special conditions relating to site data and specifications and the stipulations contained in the schedule of rates and quantities on the one hand and the Master Circular on Gati Shakti Multi-modal Cargo Terminal-2022, on the other hand, the former shall prevail. 61. General Conditions: 61.1 - Applicant GCTO will be solely responsible for (a) arranging acquiring ownership/ lease licensing of non-Railway land for the development of GCT, (b) all statutory and non-statutory clearances from other government departments and statutory bodies, and (c) payment of all charges, taxes/GST, surcharges, cess, levies, etc. related to transportation and handling of cargo. 61.2 Income Tax / TDS: Under Section 194-C of the Income Tax Act 1961, deduction of 2% plus surcharge as applicable on Contract will be made on the bills paid to the GCTO as share of TC and TAC. 61.3 The capital cost of the GCT, security of assets, maintenance of assets, cost of electrification, Handling of wagons in GCT, C&W maintenance facilities, authorized users, commodities permitted, engine-on- load scheme, charging of commercial staff, provision of weighbridge, installation of FOIS and TMS etc. will be as per the provisions of Master Circular on Gati Shakti Multi-modal Cargo Terminal2022 and its amendment slips come in force time to time. 61.4 Unless otherwise mentioned in the tender conditions, all 'Commercial and Operating rules' as applicable for a goods- shed for booking, supply and delivery of goods shall be applicable at GCTs. All GCTs are required to function round the clock on all days, including Sundays and other holidays. 61.5 The GCTO shall be responsible for clearance of all Railway dues, including demurrage charges & land license fee, accrued within the GCT. For the sake of clarity, it is explicitly mentioned that demurrage charges will be borne by the GCTO for demurrage occurring on its own private land or occurring on railway land licensed to the GCTO.

6 Each case of stabling of a rake on IR network exclusively for want of acceptance by a GCT will be recorded as on instance of non-acceptance by a GCT or for reasons attributed to GCTO, Stabling charges will be levied. 61.7 The quantum of stabling charges will be as per Para 6.0 (Chapter I) of Rates Master Circular/Demurrage-Wharfage Waiver/2016 (as modified from time to time). 61.8 Further, in situation of congestion involving stabling of rakes for acceptance by a GCT, Railway Administration will be authorized to impose loading restriction or quota for an appropriate duration for such a GCT. 61.9 The cost of electricity/ diesel consumed by Railway locomotives shall be borne by Railway. 61.10 The GCTO shall provide at his own cost the level-crossings and ROB RUB/ LHSS for safe passage of trains as well as road vehicles, as per requirement and prescribed norms. 61.11 All level-crossings have to be provided with requisite infrastructure (gate-post. gate-lodge, etc) and have to be manned by GCTO at its own cost 61.12 If the level- crossing becomes due for interlocking, the cost of interlocking shall be borne by the GCTO. 61.13 Maintenance of level- crossings falling on the track being maintained by Railway shall be done by Railway at its own cost, while maintenance of level crossings falling on the track being maintained by the GCTO shall be done by GCTO (as illustrated in Section III of Schedule 3 of the policy). 61.14 Railway shall reserve the right to grant connectivity to another GCT(s) from the connectivity portion of track, either on Railway land or on non-railway land, subject to operational feasibility and consideration that the traffic to / from the initial GCT is not disrupted. Cost of the capacity enhancement works. / traffic facilities up gradation, if required to support the traffic of both terminals (as decided by the DRM), shall be borne by the GCT to whom connectivity is being subsequently granted. However, in case traffic facilities up gradation / capacities enhancement works is required in future, capital cost of the same shall be shared by both GCTs according to the increase / expected increase in traffic handled by them, as decided by DRM.

Governing Law & Jurisdiction: This agreement is governed by and shall be construed in accordance with the laws of India. In case of any dispute and difference arises, the Court of the place, where Land License Agreement has been made, shall only have the jurisdiction to try such litigation. 63. Restricted Commodities: - NIL. But selected bidder / tenderers are required to declare the names of the commodities which are to be dealt at the GCT at the time of submission of ESP / Details of Project subject to approval of competent authority. Accordingly, the commodities as approved by Railway Authority will be notified by the competent authority for booking & handling. No other commodities will be accepted for booking / handling without approval of competent authority / notification by Railway Authority. 64. After issue of the letter of Allotment, the procedure and time lines - for submission and approval of ESP and other related activities - in accordance with Schedule 1 of the GCT policy 2022 shall be followed.

Agreement To Construct Gati Shakti Multi-Modal Cargo Terminal (GCT): a. The Railway land used for providing connectivity to the Terminal shall remain in possession of Railway, along with the entire infrastructure created on it (as per provisions of Para 5.1.2 & 5.1.3 of the Policy). b. Railway land where GCT is developed partially or wholly on railway land (except for Railway land provided for the connectivity to GCT as mentioned in para 13 of Schedule 1 & 2 of the policy) will be licensed to GCTO - for which modalities of calculating and levying land license fee shall be as per extent rules/Board's circular on land licensing as amended from time to time. c. A separate Land Licensing Agreement shall be executed between the Railway administration and the GCTO. d. Responsibility for maintaining the track and signaling equipment shall be as per the provisions of para 7 of this Policy. Responsibility of maintaining loading/unloading wharf(s), roads, drainage, etc, shall rest with the GCTO.

A) The financial bid (Packet-B) of the tender document will contain only the rate offered (percentage of TC and TAC quoted up to two places of decimal) by the bidder which he will claim from railways. B) Bidders shall quote the percentage of the share of Terminal Charge/Terminal Access Charges (TC/TAC) that will be retained by Railways - (I) If bidder quotes between 0 to 100% (say x%) it implies that Railways shall pay (100-x)% of TC/TAC to contractor. (II) If bidder quote more than 100% (say y%) it implies that Railway will retain 100% charges and moreover bidder shall pay (y-100)% of TC / TAC over and above TC/TAC retained by Railway. Eligible bidders giving maximum share of Terminal Charges/Terminal Access Charges will be awarded the contract.

It shall be mandatorily incumbent upon the tenderer to identify, state and submit the supporting documents duly self-attested by which they/ he is qualifying the Qualifying Criteria mentioned in the Tender Document. It will not be obligatory on the part of the Tender Committee to scrutinize beyond the submitted document of tenderer as far as his qualifying for the tender is concerned.