Licensing of Railway land at Kyarkop Railway Station for temporary installation of Moveable Weighbridge for weighment of consignment transported through Rail and unloaded at Kyarkop goods shed for a period of 05 years.

The annual turnover of the tenderer must be at least 50% of the reserve price of the tender. To this effect the tenderer has to submit audited balance sheet of last three financial years duly certified by any chartered accountant.

The tenderer must be either consignor/consignee having traffic dealt at the station at present or traffic to commence in the coming days and in this connection the tenderer has to submit an affidavit that his /their traffic transportation at the station begins in next three (03) months from the date of award of contract. Failure in submitting the affidavit as well as dealing of traffic will liable the contract terminated.

Handling agents or aggregators of consignors/consignee c a n also participate i n the tender if duly authorized by the original consignor/consignee to participate in the contract on their behalf. In this case, the handling agent should submit the authorization along with all necessary documents at the time of bidding. Bids not supported by authorization from consignor/consignee will be summarily rejected.

The tenderer has to submit an affidavit in the prescribed format as given at Annexure-5 (comprising Annexure V & Annexure VA) of this tender document to the effect that all the documents related to eligibility criteria submitted by the tenderer are true. In case of failure in submission of the same will summarily reject the tender. Such affidavit to be executed in presence of public Notary on Non Judicial stamp paper of the value of Rs.. 500/- & to be uploaded along with the tender document.

In addition to this, the tenderer has to submit another affidavit to the effect that their firm/company/organization has not been blacklisted by any Central/State Govt. /PSU authorities. Such affidavit to be executed in presence of public Notary on Non Judicial stamp paper of the value of Rs.500/- & to be uploaded along with the tender document.

A copy of proof of identification of the person signing the tender document (PAN card / Passport/Driving license/ Aadhar card etc.)

A copy of partnership deed/affidavit for proprietorship /memorandum and Articles of Association, as the case may be

Copy of GST registration

"In case of non-compliance of any one of the eligibility criteria mentioned in Eligibility section, the offer will be summarily rejected."

The provision of General Conditions of Contract (GCC) for service contracts shall be applicable to this contract.

The provisions of Master Circular on Gati Shakti Multi-Modal Cargo Terminal (GCT) - 2022 dated 06.12.2022 issued by Railway Board shall be applicable to this contract.

The intending tenderers must be registered on e-tendering portal https://www.ireps.gov.in. Those who are not registered on the e-tendering portal shall be required to get registered beforehand. After registration, the tenderer will get User ID and password. On login, tenderer can participate in tendering process and can witness various activities of the process.

The authorized signatory of intending tenderer, as per Power of Attorney (POA), must have valid Class-III digital signature with Company name issued by any Certifying Authority (CA) authorized by Controller of Certifying authorities i.e. CCA India. The list of Certifying Authorities from whom such Digital Signing Certificate (DSC) can be obtained is available on the website of Controller of Certifying Authorities (www.cca.gov.in). The tender document can only be downloaded from e-tendering portal using Class-III digital signature. However, the tenderer shall upload their tender on https://www.ireps.gov.in using Class-III digital signature of the authorized signatory only.

Tender submissions shall be done online on https://www.ireps.gov.in after uploading the mandatory scanned documents and other documents as stated in the tender document using valid digital signature certificates. Instructions for online bid submission are furnished hereinafter.

Tenders shall be uploaded online on http://www.ireps.gov.in at stipulated date and time provided in NIT. The tendering authority cannot take any cognizance and shall not be responsible for any delay in submission/ uploading o f Tender. The Tenderer shall e n s u r e that they had received receipt/acknowledgement of their tender submission which is generated by the system itself o n successful submission of tender online.

Only "Earnest Money Deposit" and "Cost of Tender Document" shall be submitted through online net banking or payment gateway as per schedule mentioned in NIT. No, tenderer shall submit "Earnest Money Deposit" and "Cost of Tender Document" manually or through postal to Division. The tender inviting authority may, at his discretion, extend the deadline for submission of tenders by issuing an amendment/corrigendum, in which case all rights and obligations of the tender inviting authority and the Tenderer previously subject to the original deadline will thereafter be subject to the deadline as extended.

A copy of Power of Attorney of the Managing Partners to Sign the Tender Document or legal authority of power to Sign the Tender Document should be submitted along with the tender document.

Divisional Rail Manager (DRM) shall be the competent authority to allot railway land on lease/license, way leave permissions and subsequent renewal of lease/license/way leave agreements. For renewal cases, aspects like regular maintenance of assets connected with railway working, adherence to the commitments made in the lease/license agreement, payment of dues on time etc shall be examined.

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 the tender portal submittedin e-tenderingonlineon https://www.ireps.gov.in/before the deadlineofsubmission.RAILWAY ADMINISTRATION will not be responsible for any delay, internet connection failure or any error in uploading of tender submission. The tenderersareadvisedto upload their submissions well before the due date and time of tender submission to avoid any problem and last minute rush.

Modification, Substitution and Withdrawal of Tenders:

Except where expressly permitted by these Instructions, the Tenderer shall not make or cause to be made any alteration, erasure or obliteration to the text of the documents prepared by the Tender Inviting Authority and submitted by the Tenderer with or as part of his Tender

No Tender shall be allowed to be modified by the Tenderer after the deadline for submission of Tenders.

TheTendersubmittedonline(with last modification) will be taken as a final bid.

Withdrawal of a Tender during the interval between the deadline for submission of bids and the expiry of the period of bid validity specified in the Form of Tender shall result in the forfeiture of the Earnest Money Deposit.

Format and Signing of Tenders: Tenderer shall upload all documents/certificates in support of credentials along with their- Tender as per the eligibility criteria & Terms and Conditions of tender using, failing which their tender shall be rejected. The onus of establishing the credentials of the Tenderer(s) and document submitted lie with the tenderer. However Railway Administration reserves the right to verify the contents of documents uploaded, affidavit from the department concerned, either before the award of, or during the currency of the contract. Furnishing of false document, affidavit would automatically lead to termination/cancellation of the tender/ contract including forfeiture of security deposit and initiation of legal proceedings against the Tenderer contractor as per affidavit.

All documents which are to be submitted as scanned documents shall be typed or written in indelible ink (in the case of copies, legible photocopies are also acceptable and all the pages shall 3.10.1 be signed by a person or persons duly authorized to sign on behalf of the Tenderer before scanning and uploading (in pdf format).

All pages of the Tender, where entries or amendments have 3.10.2 been made, shall be initialed and dated by the person or persons signing the Tender.

Documents submitted in Tender submission shall contain no alterations, omissions or additions, except those to comply with instructions issued by the tender inviting authority, or as 3.10.3 necessary to correct errors made by the Tenderer, in which case such corrections shall be initialed and dated by the person or persons signing the Tender before scanning and uploading/submitting.

The Tenderer(s) shall not take any advantage of any misinterpretation of the conditions due to typing or any other error and if in doubt shall bring it to the notice of the administration, without delay. No claim for the misinterpretation 3.10.4 shall be entertained. All tenders shall be submitted in the prescribed forms in accordance failing which they are liable to be rejected. (Tenderer shall quote his/their offer / rate online on www.ireps.gov.in website in the Tender form enclosed).

The Tenderer shall upload a separate statement, consolidating at one place, regarding additional condition and /or deviation of 3.10.5 clauses. It should however be noted that the Railway reserves the right to consider or reject such additional condition or deviations without assigning any reason.

Tenderers are advised to keep in touch with e-tendering portal https://www.ireps.gov.in for updates.

Assistance to Bidders: Any queries relating to the tender document and the terms and conditions contained therein should be addressed to the Tender Inviting Authority for a 3.10.7 tender or the relevant contact person indicated in the tender. Any queries relating to the process of online bid submission or queries relating to tender, contact helpdesk of IREPS portal

One tenderer can submit only one application for one tender. Separate applications submitted by the same tenderer for same 3.10.8 tender will not be entertained and all applications will be rejected.

Cost of Tender and EMD

The cost of Tender Document & Earnest Money Deposit in respect of e-tendering will be accepted through payment gateway available on IREPS site only. The cost of tender documents and EMD amount should be credited in Railway account before closing date & time of tender, without which the tender shall be summarily rejected.

The estimated value for the first year cost of tender form, earnest money deposit must be referred in the tender notice. Fulfillment of all statutory norms of state and central government including compliance of statutory pollution control norms in relation to the cargo activities on the licensed land is the sole responsibility of the licensee. Railways shall not bear any responsibility in this regard.

EMD amount shall be 2% of the land value as fixed by the Local Administration (Corporation/Municipality etc.).

Mode of tender

Tender document is to be downloaded from the internet and uploaded on the railway website www.ireps.gov.in

Tenderer will give following information and the copies of documents should be attached with tender form duly attested or notarized.

i) Name, complete address of the tenderer. ii) Complete tender document duly signed digitally signed in each and every page. iii) Documents towards fulfillment of eligibility shown vide Para C above.

Financial Bid-The bidder quoting the highest license fee above the reserve price shall be awarded the land licensing contract at the station. The tenderers should offer their rates in the financial bid format (Annexure 10). Tender document, financial bid, required documents and information should be furnished and uploaded in the format given in the website www.ireps.gov.in before the closing date of the tender. All the documents should be digitally signed by the tenderer. If, the date of opening of the tender happens to be a bandh or closed holiday then; the tender will be opened on the next working day.

Earnest Money: - Each tender should accompany an amount of Rs.5100/- in the form of Earnest money deposit (EMD) to be paid online in IREPS portal in favour of Senior Divisional Finance Manager, South Western Railway, Hubballi. However, EMD of the unsuccessful tenderer would be refunded without any interest. EMD amount of the successful bidder will be adjusted with Security deposit amount without payment of any interest.

License Fee: five years contract licensee fee should be paid by the licensee within15 days of issue of LOA failing which the contract will be terminated. If the Licensee fails to pay license fee and other due charges to Railway Administration within the stipulated time period, he/she is liable to pay interest at the rate of 18% per annum to be reckoned from the due date of actual payment. In the event of failure on the part of the Licensee in making payment of license fees/ security Deposit or any other charges due to the railway administration, the later shall have the right to terminate the contract without prejudice to any other remedies available. License fee to be paid through Miscellaneous E Receipts Portal (MERS) in favour of Senior Divisional Finance Manager, South Western Railway, Hubballi. Link will be sent to the successful bidder for payment of License fee.

Escalation in license fee: as per para D(4) The period of contract will be for 05 years. The licensee shall be liable to pay annual license fee in advance before commencement of the license. The license fee for each subsequent year shall be escalate @ 7% over the previous year's license fee.

Security Deposit: The successful tenderer will have to submit the Security Deposit for an amount equivalent to one year license fee, in advance through Miscellaneous E Receipts Portal (MERS) in favour of Senior Divisional Finance Manager, South Western Railway, Hubballi. Link will be sent to the successful bidder. Railway Administration shall have right to adjust the security deposit in part/in full for any loss sustained by the Railway dues whatsoever arising out of this contract or any other contract between the parties hereto, or due to any breach of the agreement. Security Deposit will be refunded on satisfactory completion of the contract period taking into consideration that all Railway dues are cleared. The Tenderer will have to submit a 'No Claim' Certificate issued by CCI & SSE(W) of station concerned prior to release of Security deposit. Failure in payment of Security deposit within the specified period of 15 days from award of contract will result in termination of license and forfeiture of EMD.

Validity of offer:-The tenderer shall keep the offer open for a minimum period of 45 days from the date of opening of tender. Within that period, the tenderer cannot withdraw his offer subject to the period being extended further if required by mutual agreement from time to time. Any contravention of the above condition will make the tenderer liable for rejection of his offer.

Conditional Offer: The Railway will not accept tender wherein conditional offer has been given and the offer will be out rightly rejected.

Dispute resolution: In case of any dispute arising in interpretation of the policy. Land rates, land area etc. A standing committee of three JAG/SG officers of engineering, finance and user department of concerned Railway Division shall examine all the issues and submit recommendations to the DRM whose decision shall be final and binding on all the parties.

Licensee's Obligations

Railway Administration will only provide land as per this tender notification to licensee at the Station area for temporary installation of mobile weighbridge. The licensee will be solely responsible for fulfillment of all necessary Pollution Control or other State or Central Govt statutory norms and obligations towards the activities carried out by him on the licensed land. Railway shall have no accountability in regard to this. In case of any complaint received from any local, State or Central Govt authorities regarding non- compliance of the same may result in termination of the contract at any time without consideration. In this case the Security deposit shall be forfeited and license fee already collected will not be refunded.

The highest bid will be determined on the basis of license fee offered for One year by the tenderer in the financial bid.

All erasures and alterations made in filling the tender documents must be attested by initials of the tenderer, over writing of figures is not permitted. Failure to comply either of these conditions will render the tender liable to rejection. No advice of any change in rate or conditions after the opening of tender will be entertained.

Electricity and other charges: Apart from annual license fee, the licensee shall have to pay electricity and other charges if required by him. In this regard, the licensee shall have to contact concerned departments of the division for necessary connection and separate agreement with them.

The contract will be governed by the Terms and conditions mentioned in the Agreement given with this tender. The successful tenderer will have to execute the agreement in this Proforma on allotment of the contract and the cost of execution of agreement shall be borne by the licensee. Until formal Agreement is executed the Terms and Conditions of the Tender Documents shall be binding and applicable.

The bidder shall maintain the integrity of downloaded tender documents and shall not make any change/addition/deletion/tampering what so ever in the downloaded documents. The bidders offer shall be rejected, in case it is detected after submission of offer that may have made any modification in the downloaded documents. In case such modification is noticed even after the contract Railway is liable to terminate the contract.

Liability of depositing of GST @ 18% on the bid value and escalation of license fee later on will lie with the contractor which has to paid as per extant procedure.

In case the Goods shed is closed in future by the Railway administration due to any reasons, the contract shall be treated as terminated and in that case the Railway will not be held responsible. However the license fee for the rest of the period of the year shall be returned as per pro-rata basis.

The licensee shall not, In any case, burn any commodity in the said plot of land and any non-observance of this condition will render the license to be terminated forthwith without any notice and without rendering the administration in any liable therefore.

The Railway land will be taken back by Railway Administration immediately if no traffic is offered by the freight customers.

The Administration shall not be responsible for any loss or damage of any sort which may happen to the property of the licensee or to which the licensee may be put to, from whatever cause arising.

Wharfage charges will also be levied on the consignment unloaded anywhere else within the station area other than on the licensed plot as per rule in force.

The Railway and other concerned department shall reserve the right to inspect to the licensed plot at any time to see that no illegal activities are done or any dangerous/contraband articles are stacked.

Railway is not responsible for any loss of cash, any loss of installation or loss of any equipment due to what so ever reason may be. The responsibility of security of the materials is the responsibility of the licensee.

The Railway Administration shall not be responsible for any loss or damage caused to the contractor by total discontinuance of this scheme under the agreement for any reason whatsoever.

The contract will be governed as per the terms and conditions of earning contracts laid down in Indian Railway General Condition of Contact (GCC) as issued from time to time

As mentioned in the tender documents, fulfillment of all obligations pertaining to local, state and Central Government including pollution control norms in relation the activities carried out by the licensee on the license land is the sole responsibility of the licensee. Any lapses noticed will result in termination of contract.

The licensee will comply with the minimum wages act for payment of wages to the labourers employed by him. Railway shall have no responsibility towards payment of wages to the labourers employed by the licensee. Moreover, the labourer's employed by the licensee shall have no right to job, payment or any other facilities from Railways

Railway administration may at any time terminate the contract without assigning any reasons whatsoever. In this case, the licensee has to vacate the railway land immediately as per the decision of the Railway administration. However, the license fee for the rest period of time will be refunded on pro-rata basis along with security amount.

If licensee wants to terminate the contract, he should have successfully completed at least 01 year of contract from the date of commencement of contract and by giving 01 (one) months advance notice. In this case, the license fee collected will not be refunded. However, security amount will be refunded after joint certification by the Station Manager and SSE (Works). If in case the licensee wants to terminate the contract within 01 year of commencement, then the license fee along with Security deposit will be forfeited.

Licensing of Railway land does not confer any ownership right of the land up the licensee. Land ownership will continue to remain w i t h R a i l w a y . N o sub-lease /sub- license/mortgage/transfer/relinquishment of railway land shall be permitted.

The cost on account of stamp duty charges, documentations, registration of agreement, GST, property tax etc. as the case may be shall be borne by the party.

Termination of agreement in the event of any serious irregularities, grave breach of the terms and conditions of the agreement, any default, violation of Railway Act-1989, commission of any unlawful Act which is not within good industry practices, Railway administration may terminate the license agreement and Security deposit will be forfeited.

The licensee should always be aware of safety practices on the licensed land. Any activities hampering Railway safety if found the contract will liable to be terminated with immediate effect without giving any notice.

It is the licensee's obligations to ensure that no monopoly activities hampering cargo movements of other freight customers of Railway and if any such activity comes to notice, stringent action will be initiated including termination of licence.

Security of the assets is the sole responsibility of the licensee. Railways will not provide any security on the licensing land.

If in case of any exigencies, the licensed land is required by Railway then the licensee as per requirement will be bound to vacate the land immediately or allows the railway administration to use the land without demanding any remuneration for that.

If any unsocial, unlawful or criminal activities found on the license land, the contract will be terminated and security deposit will be forfeited.

Any other subsequent changes in terms and conditions from time to time pertaining to this contract will be communicated to the licensee and will be binding upon him. In this case, supplementary agreement if required will be executed with the licensee.

Railway officials shall have powers to inspect anytime with or without giving notice.

Licensee shall be responsible for any Public Complaints, Court case, Consumer forum Etc.

The Licensee will use the licensed land only as temporary installing of moveable weighbridge for weighment of unloaded material which will be moved from rail movement and it should not be used for any other purpose.

The licensee has to develop and maintain the moveable Weighbridge facility as per the extant norms specified by the National Green Tribunal and other Pollution control boards and he should obtain consent as per requirement. All expenditure for obtaining NOC and infrastructure development related to compliance of norms from various agencies will be borne by the bidder Railway guidelines on procedures regarding pollution control measures as per Railway Board letter No- 2015/EnHM/15/01, dated 16.04.2018.

Upon termination /completion of this agreement in accordance with the provision hereof, the Licensee shall remove/dispose the movable ;fixtures/equipment as well as fixed assets erected by them at their own expenses and handover peaceful and vacant possession of the site to Railway within 07 days or such extended time as allowed by Railway. In case of failure of the Licensee in pulling down and removing the installations and other works from the site within the aforesaid period as above, Railway will be entitled to take over the movable fixtures/equipment as well as fixed assets on the site as per their utilities with no cost to Licensee. However, in absence of any utility of such assets (movable/immovable) to Railway, actual expenses incurred by Railway in removing/disposing the assets shall be recoverable from Licensee's security deposit, etc.

Existing drains, pipes, cables, overhead wires, sewer lines, water lines and other services encountered in the course of the execution of the work shall be protected against the damage by the Licensee at his/her own expense. The Licensee shall not store materials or otherwise occupy any part of the site in a manner likely to hinder the operation of such services. In case of damage t o Railway cables/assets, t h e cost will be recovered from Licensee.

The Licensee shall be responsible for all the taxes/fees/levy/charges t o b e p a i d t o the civic agencies for operating of such storage facility. There will be no liability upon the railways whatsoever on any such amount.

The Licensee shall indemnify and save harmless to the Railway from and against all actions, suit proceedings losses, costs, damages, charges claims and demands of every nature and description brought or recovered against the Railways by reason of any act or omission of the Licensee, his/her agents or employees, in the execution of the contract wherever applicable or in his/her guarding of the same all sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation to be applied to the actual loss or damage sustained, and whether or not any damage shall have been sustained.

The licensee shall take all precautions for safety o f his/her workers/staff. The Railway administration will not entertain any claim towards any accident whatsoever of the staff engaged for work by the licensee. The Licensee's staff should not have any claim towards employment in Railway organization at any point of time.

The Licensee shall have responsible for all risk involved in the services rendered and for trespass and shall make good at his/her own expenses all loss or damage whether to the works/services themselves o r t o any other property of the Railway or the lives, persons or property of others from whatsoever cause in connection with the and this although all reasonable and proper precautions may have been taken by the licensee, and in case the Railway shall be called upon to make good any costs. loss or damage, or to pay any compensation, including that payable under the provisions of the workmen's compensation Act or any statutory amendments thereof to any persons or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the licensee; the amount of any costs or charges including costs and charges in connection with legal proceedings, which may Railway may incur in reference thereto, shall be charged to the licensee. The Railway shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the Licensee, to take such steps as may be considered necessary or desirable to ward off or mitigate the effect of such proceedings, charging to Licensee, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payments, defense or compromise, and the incurring of any such expenses shall not be called in question by the Licensee.

Until a formal agreement is prepared and executed, acceptance of this tender document shall constitute a binding contract subject to modifications, as may be mutually agreed to between us and indicated in the letter of acceptance of my/our offer for this work.

In case the licensee is an authorized handling agent, then should have always in possession the authorization from the original freight consignor/consignee for handling traffic at the goods shed from time to time. Railways may at any time call for scrutinize the validity period of authorization and if found the validity of authorization has expired before completion of contract agreement, then contract of land licensing will be terminated immediately without any refund of license fee.

PENALTY CLAUSE: -

The Railways reserve the right to impose penalties in the event of failure on part of the contractor after conducting investigation:- i.Anylicensee'sstafffound drunk/indulging in bad conduct. ii.Any staff of the licensee found creating nuisance on duty. iii. Public complaintoranyother irregularities, misconduct or non-observance of any instruction of Railway administration or failure to comply the terms and conditions setherein thetenderonpartofthe contractor or his staff. iv. Penalty shall be Rs. 50,000/- (Rupees Fifty Thousand only) for each case. Imposition of penalty is sole discretion of Divisional Railway Manager, or his representative for each misconduct, non- observationsofinstructiononpartof licensee.

Jurisdiction: A l l disputes arising thereof for the said contract shall be subject t o the court of Hubballi District Civil Court jurisdiction.

Pollution Control Norms:

Compliance of state and central pollution control norms is the responsibility of the licensee. Obtaining permission from state pollution control board (SPCB) and compliance of all pollution control norms as per SPCB guidelines is the responsibility of the licensee. Railways will not be held responsible towards any issue arising out of non-compliance to the SPCB norms will lead to termination of contract. Failure in complying the pollution control norms will attract penalty of Rs 8, 00,000/- (Rupees eight lakhs) and cancellation of contract and forfeiture of Security Deposit amount. More over the licensee should ensure that the dust and waste water should not enter into the nearby ponds, rivers, agricultural lands or local habitats. For this the licensee has to ensure proper drainage with sedimentation tank to store the waste water generated from the loose commodities.

The following are Mandatory pollution control norms to be fullfiled before storage of commodity:

Consent to Establish (CTE) and Consent to Operate (CTO) from the pollution control board concerned may be obtained.

The stacking area should be covered with separate green cloth or dust- arresting net material, as done in various agricultural farm, should be installed to prevent dust from spreading to nearby agriculture lands or water bodies to avoid the dust pollution.

The height of the material stored should not be above the height of the boundary wall

Frequent water sprinkling to suppress the dust from being air borne

Storedmaterialsshouldbecoveredin tarpaulins when not in use.

Appropriate preventive measures shall be taken for control of fire hazards at the Moveable Weighbridge installed area.

Adequate tree plantation all around the storage land.

During transportation of material from Moveable Weighbridge installed area by trucks, tipper etc. through public roads, the vehicle shall be properly covered with tarpaulin sheets.

Others i)The Railway Administration may add special terms and conditions as admissible. ii)The GCT policy issued by Railway Board on leasing of land shall be the part of these general conditions.

Force Majeure Clause If at any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract shall be prevented or delayed by reason of any war, hostility, acts of public enemy, civil commotion, sabotage, serious loss or damage by fire, explosions, epidemics, strikes, lockouts or acts of God (hereinafter, referred to events) provided, notice of the happening of any such event is given by either party to the other within 30 days from the date of occurrence thereof, neither party shall by reason of such event, be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non-performance or delay in contract or alter the character thereof or entitle the contractor or damages or compensation thereof, but in any such case, the Railway may grant such extension or extensions of the completion date as may be considered reasonable.

Instructions to the tenderers

The tender application/ Tender document should be addressed t o t h e President of India and has to be uploaded on the prescribed format in www.ireps.gov.in.

The period of contract of licensing of Railway land will be valid for 01 year only from 15th day of the issue of LOA to the successful tenderer.

The tenderers are requested to submit/upload their Bid on or before bid closing time and date. No tender will be accepted after the specified time and date mentioned in the tender notice.

The Railway administration will not be held responsible for any delay in submission or receipt of the tenders.

The rates in the tender in Financial Bid must be quoted both in figures and in words failing which the administration will have the right to reject such tenders.

In case of any addition, alterations, corrections made on the tender documents, the tenderer must initial it, failing which the administration will have the right to reject such tenders.

The tenderer must sign in each page of the tender document. Signatures of the tenderers in the vernacular language shall be attested in English by any Gazetted Officer giving name designation and address.

Evidence of the annual turnover of the tenderer amounting to 50% of the reserve price of the tender or more. The tenderer has to produce the attested certificate from the clients/audited balance sheet duly certified by chartered accountant etc. along with the tender offer.

Earnest money to be paid through online in IREPS website for Rs.5100/-.

Cost of tender form to be paid online in IREPS website for Rs. 1180/-.

Instructions to the tenderer duly signed by the tenderer in all pages otherwise it will be rejected.

The final acceptance of tender rests with the competent authority in the division, who reserves the right to accept or reject any tender without assigning a n y reason and does not 12.12 bind himself to accept the highest, lowest or in fact, any tender. If the tenderer deliberately gives wrong information in his tender, the Railway Administration reserves the right to reject such tender at any stage.

Railway administration reserves the right to accept or reject any or all tenders without assigning any reason whatsoever. Further, 12.13 railway administration is not bound to accept the highest or the lowest tender or in fact any tender.

The tenderers shall keep the offer open for a minimum period of 45 [Forty five) days from the date of opening of the tender. It being understood, the tender documents have been sold/issued to the tenderer and the tenderer is being permitted to tender in consideration of the stipulation on his part that after submitting 12.14 his tender he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the Railway administration should the tenderer fail to observe or comply with the foregoing stipulation, the earnest money amount shall be liable to be forfeited by the Railways.

If the tenderer gives wrong information in his/her tender, the 12.15 railway administration reserves the right to reject such tender at any stage.

Non-compliance of any of the conditions set- forth herein is liable to result in the rejection of the tender.

The successful tenderer will have to submit Security Deposit for an amount equivalent to the 01 year license fee of the contract in IREPS Portal. Railway Administration shall have right to adjust the security deposit in part/in full for any loss sustained by the Railway in dues whatsoever arising out of this contract or any other contract between the parties hereto, or due to any breach 12.17 of the agreement. Security Deposit will be refunded on satisfactory completion of the contract period taking into consideration that all Railway dues are cleared. The Tenderer will have to submit a 'No Claim Due certificate issued by SMR & SSE (W) of concerned station before their Security Deposit is released.

In addition to license fee, the licensee has to deposit an amount of Rs.465/- per month as conservancy charges at the time of 12.18 payment of license fee. GST and other charges payable on the said conservancy charge is the sole responsibility of the licensee which has to be paid as per extant procedure.

The terms and conditions of the instructions to tenderers as well as the provisions contained in the tender paper shall form part 12.19 of the contract and in the event of any discrepancy arising between provisions of the agreement and those embodied in the tender papers, the former shall prevail.

The tenderer should quote the license fees for 12 months in the Financial Bid. The successful tenderers will have to deposit the 12.20 license fees for the 12 months in advance within fifteen days from the date of receipt of Letter of Acceptance for the tender.

Security Deposit given by the contractor will not carry any interest and that the amount will be refunded after successful completion of the contract period. The amount may be 12.21 deposited through Miscellaneous E Receipts Portal (MERS) in favour of Senior Divisional Finance Manager, South Western Railway, Hubballi. Link will be sent to the successful bidder.

The contractor should indemnify the railway administration against loss/damage to railway property, any claim for loss or injury caused to the public or employee of railways or to the 12.22 labourers engaged by him arising out of negligence of misconduct or omission/commission o n t h e p a r t o f the contractor or his employees/representatives.

The Licensee cannot sublet the land to any other party. If it is 12.23 found that the licensee has sublet the land to any other party, then the contract will be terminated without any consideration.

Matters finally determined by the Railway: All disputes and differences of any kind what-so-ever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract shall be referred by the contractor to the Railway and the Railway shall within 120 days after 12.24 receipt of the contractor's representation make and notify decisions on all matters referred to by the contractor in writing and decisions of the Railway authority, thereon shall be final and binding on the contractor provided further that "Excepted Matters" shall stand specifically excluded from the purview of the arbitration clause and not be referred to arbitration.

Demands for Arbitration

In the event of any dispute or difference between the parties hereto as to the construction or operation of the contract, or the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account or as to the withholding by the Railways of any certificate to which the contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days, the contractor, after 120 days but within 180 days of his presenting his final claim on disputed matters, shall demand in writing that the dispute or difference be referred to arbitration.

The demand for arbitration shall specify the matters which are in question or subject of the dispute or difference as also the amount of claim item-wise. Only such dispute(s) or difference (s) in respect o f which the demand has been made, together with counter claims in set off shall be referred to arbitration and other matters shall not be included in the reference.

The arbitration proceedings shall be assumed to have commenced from the day, a written and valid demand for arbitration is received by the Railways. The claimant shall submit his claim stating the facts supporting the claims along with all relevant documents and the relief or remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral tribunal. The Railway shall submit its defense statement and counter claim (s), if any, within a period of 60 days of receipt of copy of claims from Tribunal thereafter, unless otherwise extension has been granted by Tribunal.

No new claim shall be added during proceedings by either party. However, a party may amend or supplement the original claims or defense thereof during the course of arbitration proceedings subject to acceptance by Tribunal having due regard to the delay in making it.

If the contractor does/do not prefer his/their specific and final claims in writing, within a period of 45 days of receiving the intimation from the Railways that the final bill is ready for payment, he/they will be deemed to have waived his/their claim (s) and the Railway shall be discharged and released of all liabilities under the contract in respect of these claims.

In cases where the total value of all claims in question added together does not exceed Rs.10,00,000 (Rupees Ten Lakhs only) the Arbitral Tribunal consist of a sole arbitrator who shall be either the General Manager or Gazetted Officer of Railway not below the grade of JA Grade nominated by General Manager in that behalf. The sole arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by the Railway.

"In Cases not covered by clause (13.6) above, the Arbitral Tribunal shall consist of a panel of three Gazetted Railway Officers not below JA grade, as the arbitrators. For this purpose, the Railway will send a panel of more than 3 names of Gazetted Railway officers of one or more departments of the Railway to the contractor who will be asked to suggest to General Manger up to 2 names out of the panel for appointment as contractor's nominee".

The General Manager shall appoint at least one out of them as the contractor nominee and will also simultaneously appoint the balance number of arbitrator either from the panel or from outside the panel, duly indicating the presiding arbitrator from amongst the 3 arbitrators so appointed. While nominating the arbitrators it will be necessary to ensure that, one of them is from the Accounts Department an Officer of selection grade of Accounts Department shall be considered of equal status to the officer in SA grade of other departments of the Railways for the purpose of appointment of arbitrators.

If one or more of the arbitrators appointed as above refuses to act as arbitrator, withdraws from his office as arbitrator or vacates his/their office/offices or is/are unable or unwilling to perform his functions as arbitrator for any reason whatsoever or dies or in the opinion of the General Manager fails to act without undue delay, the General Manager shall appoint new arbitrator/arbitrators to act in his /their place in the same manner in which the earlier arbitrator/arbitrators had been appointed. Such reconstituted Tribunal may, at its discretion, proceed with the reference from the stage at which it was left by the previous arbitrator(s).

The arbitral Tribunal shall have power to call for such evidence by way of affidavits or otherwise as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties hereto to do 13.10 or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award without any delay.

While appointing arbitrator(s) due care shall be t a k e n that he/they is/are not the one/those who had an opportunity to deal with the matters to which the contract related o r w h o i n the course of his/their duties as Railway servant(s) expressed views on all or any of the matters under dispute or differences. The 13.11 proceedings of the Arbitral Tribunal of the award made by such Tribunal will, however, not be invalid merely for the reason that one or more Arbitrator had, in the course of his services opportunity to deal with the matter to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute.

The Arbitral award shall state in term-wise, the sum and the reasons upon which it based.

All disputes, arbitrations arising thereof for the said contract shall be subject the courts of Hubballi District Civil Court jurisdiction. A party may apply for corrections of any 13.13 computational errors, any typographical or clerical errors or any other error of similar nature occurring in the award and interpretation of a specific point of award to tribunal within 30 days of receipt of award.

A party may apply to tribunal within 30 days of receipt of award 13.14 to make an additional award as to claims presented in the Arbitral proceedings but omitted from the Arbitral award.

In case of the Tribunal, comprising of three members, any ruling or award shall be made by a majority of Members of Tribunal. In the absence of such a majority, the views of the presiding 13.15 Arbitrator shall prevail. Where the arbitral award is for the payment of money, no interest shall be payable on whole or any part of the money for any period till the date on which the award is made.

The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia include fee of the arbitrator(s) as per the rates fixed by the Railway Administration from time to time. 13.16 Subject to the provisions of the aforesaid Arbitration and conciliation Act 1996 and the rules there under and any statutory modification thereof shall apply to the arbitration proceedings under this clause.

I/We have read all the tender conditions and accept the same.