Consultancy Service for GST Work.

The Tenderer/CA firm should have satisfactorily completed GST related work viz. filing monthly GSTR-7, GSTR-1 & GSTR-3B return with any Zonal Railway over IR for a period of at least 03 previous years as on date of opening of tender. Certificate to that effect from the concerned Zonal Railway needs to be submitted along with the offer.

The Tenderer/CA firm should have an office at Prayagraj or shall give an undertaking to open an office in case of tender being awarded. Details of office address/undertaking to open an office shall be submitted along with the offer. If any of the above criteria not fulfilled, offer will be summarily rejected.

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

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

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

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

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

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

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

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

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

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

Requisite documents proving technical eligibility criteria and financial eligibility criteria has been uploaded along with those required as per explanation given in clause 10 of IRGCC- 2022(Works Matter).

Tenderers who is/are not borne on the approved list of the contractors of North Central Railway shall submit along with his/their tender as per clause 11 of IRGCC-2022(Works Matter), as applicable.

All requisite valid documents regarding constitution of business of the bidding firm should be submitted along with the tender as per clause 14 of IRGCC-2022(Works Matter), other wise their offer will be considered incomplete and shall not be considered.

Joint Venture firms, if applicable in the instant tender, should submit all valid requisite documents and fulfil the stipulations as per clause 17 of IRGCC-2022(Works Matter), otherwise their offer will be considered incomplete as shall not be considered.

Partnership firms, if bidding for the instant tender should submit all valid requisite documents and fulfil the stipulations as per clause 18 of IRGCC-2022(Works Matters), otherwise their offer will be considered incomplete and shall not be considered.

The tenderer whether sole proprietor / a company or a partnership firm / joint venture (JV) /registered society / registered trust / HUF / LLP etc if they want to act through agent or individual partner(s), should submit along with the tender, a copy of power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person, specifically authorizing him/them to sign the tender,submit the tender and further to deal with the Tender/ Contract up to the stage of signing the agreement except in case where such specific person is authorized for above purposes through a provision made in the partnership deed / Memorandum of Understanding / Article of Association /Board resolution, failing which tender shall be summarily rejected. A separate power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person, shall be submitted after award of work, specifically authorizing him/them to deal with all other contractual activities subsequent to signing of agreement, if required. Note: A Power of Attorney executed and issued overseas, the document will also have to be legalized by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is being issued. However, the Power of Attorney provided by Bidders from countries that have signed the Hague Legislation Convention 1961 are not required to be legalized by the Indian Embassy if it carries a conforming Appostille certificate. Reference: Para 15 of IRGCC-2022(Works Matter), otherwise their offer will be considered incomplete and shall not be considered.

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.

Submission of Bids:-

The tenderer shall keep the offer open for a minimum period of 120 days from the date of opening of the 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 forfeiture of his Earnest Money Deposit.

Earnest Money against this tender is Rs. 18200/-. Validity of the Earnest Money is to be at least up to the validity of the offer. The other details are available in General Condition of Contract as available on Railway Board Website.

Period of Completion:-

The work is to be completed within a period of 12 Months from the date of issue of Letter of Acceptance. The tenderers are required to scrutinize carefully all clauses appearing in the tender documents and to sign in token thereof on every page of the Tender document. The tenderers should quote rates in figures and in words. Wherever there is a difference between the rates quoted in figures and in words, the rate quoted in words will be taken as correct. The cancellation of any document such as Power of Attorney, Partnership Deed etc. shall forthwith be communicated by the contractor to the Railway in writing failing which the Railway shall have no responsibility or liability for any action on the strength of said documents. The terms of employment between such employee and the Tenderer/Contractor may be on mutually agreed terms subject to the statutory provisions contained in the Labour Regulations and nactments. The Contractor shall indemnify the Railway against any claim arising out of employment of such employees and the Railway shall not be party to any disputes etc. arising out of the employment of such employees by the Tenderer/Contractor. When the tender is received by the Railway Administration, it will be understood that the tenderer has gone through all the Instructions, Conditions, General and Special Conditions of the Contract and all other instructions for execution of the work carefully and that the tenderer has got himself/themselves clarified all points and doubts and interpretations by the proper authorities of the Railway Administration. In case of Dispute, the Decision of Railway Administration will be binding. The tenderer is required to quote their unit rates in figures as well as in words against each item of the schedule of items herein. If any departure or substitution from the particular specification is involved, this should be clearly indicated in the offer giving full details of deviations. If the offer is in accordance with the stipulated specification, "NO DEVIATION" should be clearly stated. If a particular point in the specification is not clear, the same should be got clarified before submitting the quotations. No price alteration will be permitted after opening of the tender on grounds of the Technical requirement not having been properly understood in the first instance by the tenderer. Each page of the offer must be numbered serially bearing the tender number and should be signed by the tenderer in ink. Reference to total number of pages comprising the offer for each item must be made at the top of the right hand corner. Tenderer must ensure that the conditions laid down for submission of offer are completely and correctly fulfilled. All rates quoted in the tender shall show taxes separately. Tender forms containing over writings, erased rates and rates not shown in words are liable to be rejected. The Contract covered by this Tender shall be deemed to commence from the Date of Issue of Letter of Acceptance. The work should be completed within twelve (12) Months from the date of issue of Letter of Acceptance.

Terms & Condition of Payment:-

Payment will be made in the bank Account details of which will be provided by the authorized signatory at the time of submission of tender form. Payment will be made quarterly as per the scope of work after submission of bill by firm in prescribed format. Mandatory taxes will be deducted.

Constitution of Firm, Signing of Tender and Address:-

The tenderer shall clearly specify whether the tender is submitted on his own behalf or on behalf of a partnership firm. If the tender is submitted on behalf of a partnership concern, he should submit a certified copy of the partnership agreement with the tender as well as an authorization to sign the tender documents on behalf of the partnership concern. If these documents are not enclosed along with the tender document, the tender will be treated as having been submitted by an individual signing the tender documents and the Railway will n o t b e bound b y any power of attorney granted by the tenderer by changes in the composition of the partnership firm made subsequent to submission of the Tender. It may however recognize such a power of attorney and changes after obtaining appropriate legal advice, the cost of which will be chargeable to the tenderer.

Advice of Cancellation of Documents by Tender:-

The Cancellation of any document such as Power of Attorney/Partnership deed etc. should be forthwith communicated by the contractor to the Railway Administration in writing failing which the Railway Administration shall have no responsibility or liability for an action taken on the strength of the said document. Any individual signing the tender or other documents Connected therein should specify whether he is signing:-(a)As sole proprietor of the concern or his attorney; (b)As a Partner or Partners of the Firm ;(c)For the Firm per procurationem or(d)As a Director, Manager or Secretary in the case of a Limited company. In the Case of a Firm not registered under the Indian partnership Act 1932, all the partners, or the attorney duly authorized by all of them should sign the tender and all other connected documents. The original documents empowering the individual or individuals to sign should be furnished to the Railway for verification if required. In the event of any tenderer whose tender either in part or in full is accepted, refuses to execute the contract documents, the Railway may determine that such tenderer has abandoned the contract and thereupon his tender and the acceptance thereof shall be null and void and the Railway shall be entitled to forfeit the Earnest Money as liquidated damages for such default without prejudice to any other right or remedies open to the Railway. The tenderer shall state in the tender, his Postal Address fully &clearly. Any Communication sent to the tenderer by post (Regd. AD) at his said address, shall be deemed to have reached him timely, notwithstanding the fact that the communication could not reach the tenderer at all or in time because of any inaccuracy or defect in the said address.

Previous Experience & Declaration of Credentials:-

The tenderer MUST submit the following along with his bid. Details of similar jobs completed during the last three years along with brief description of work, organization for whom executed, approximate value of the contract at the time of award, date of award and date of schedule completion of work, date of actual start, actual completion, reason for delay, if any, and final value of contract. The tenderer shall not scribble/incorporate or stipulate any special condition in the Tender documents. Special condition, if any, may be indicated in a separate covering letter.

The Railway not bound to accept any Tender:-

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

Security Deposit:-

The earnest money deposited by the contractor with his tender will be retained by the Railways as part of security for the due and faithful fulfillment of the contract by the contractor. The balance to make up the security deposit, the rates for which are given below, may be deposited by the contractor in cash or may be recovered by percentage deduction from the contractor's "on account" bills. Provided also that in case of defaulting contractor, the Railway may retain any amount due for payment to the contractor on the pending "on account bills" so that the amounts so retained may not exceed 10% of the total value of the contract. Unless otherwise specified in the special conditions, if any, the security deposit/ rate of recovery/mode of recovery shall be as under: -Security deposit for each work should be 5% of the contract value. The rate of recovery should be at the rate of 6% of the bill amount till the full security deposit is recovered. Security Deposit will be recovered only from the running bills of the contract and no other mode of collecting SD such as SD in the form of instruments like BG (except Note (ii) below), FD etc. shall be accepted towards security deposit. Security Deposit shall be returned to the contractor after the expiry of the maintenance period in all the cases other than Note (i)mentioned below and after passing the final bill based on No claim Certificate with the approval of the competent Authority. The competent Authority shall normally be the authority who is competent to sign the contract. If the competent authority is of the rank lower than JA Grade, then a JA Grade Officer(concerned with the work) should issue the certificate. The certificate, interalia, should mention that the work has been completed in all respects and that all the contractual obligations have been fulfilled by the contractor and that there is no due from the contractor to Railway against the contract concerned. Before releasing the SD, an unconditional and unequivocal no claim certificate from the contractor concerned should be obtained. Note:-(i)After the work is physically completed, security deposit recovered from the running bills of a contractor can be returned to him if he so desirers, in lieu of FDR/irrevocable Bank Guarantee for equivalent amount to be submitted by him. (ii)In case of contracts of the value Rs. 50 Crore and above, irrevocable Bank Guarantee can also be accepted as a mode of obtaining security deposit. No interest will be payable upon the earnest money and security deposit or amounts payable to the contractor under the contract but Government Securities deposited of this clause will be payable with interest accrued thereon.

Tender and Agreement:-

The offer shall remain open for acceptance by the Railway for the period specified in the tenders from the date on which tenders are opened and during which period the tenderer shall not withdraw offer, nor amend, impair or deviate therefrom. Every tenderer shall be deemed to have agreed as aforesaid in consideration of his tender being considered by the Railway. If the tenderer is notified in writing at his address given in tender, within the said period that his tender whether in whole or in part has been accepted by the Railway, he hall be bound by the terms of agreement constituted by his tender in respect of any part of the work specified in the tender document.

Details confidential:-

The tenderer (Whether his tender be accepted or not) shall treat the contents of the tender paper as private and confidential. CANVASSING AND BRIBERY: No tenderer shall canvass any Government Official or Railway's Engineer with respect to his or any other tender. Contravention of this condition will involve rejection of the tender. This clause shall not be deemed to prevent the tenderer from supplying the Railway any information asked for from him. Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the contractor or his partner, agent or servant or any one on his or their behalf, to any officer, servant, representative or agent or the Railway of any person on his or their behalf, in relation to obtaining or to execution of this or any other contract with the Railway shall in addition to the Criminal Liability he/they may incur under the prevention of corruption act, 1988, subject the contractor to cancellation of this and other contracts, and also to payment of any loss resulting from any such cancellation, and the Railway shall be entitled to deduct the amount so payable, from any money and Railway's decision shall be final and conclusive in the matter.

Execution of Contract Agreement:-

Any tenderer whose tender the Railway elects to accept, shall after having been advised by the Railway through Letter of Acceptance, be bound to execute an agreement based on accepted rates and conditions in such form as the Railway may prescribe and lodge the same with the Railway together with the conditions of contract, specification and schedules referred to herein duly completed within the period as specified in the Letter of Acceptance. Failure on the part of the tenderer to furnish Performance Guarantee and to execute the agreement within the time as stated herein before will constitute breach of contract and the contractor's earnest money/security deposit shall be liable to forfeiture.

Execution of New Item:-

Where items not covered by the schedules are to be executed due to addition/alteration/modification deemed essential by the Railway, the rates for such non-itemised work will be negotiated and accepted by the Railway before commencement of such works or get executed through any other agency solely at discretion of the Railway administration.

Variation in Quantities:-

Individual NS items in contracts shall be operated with variation of plus or minus 25% and payment would be made as per the agreement rate. For this, no finance concurrence would be required. In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh tender for operating that item is considered not practicable, quantity of that item may be operated in excess of 125% of the agreement quantity subject to the following conditions:(a)Operation of an item by more than 125% of the agreement quantity needs the approval of an officer of the rank not less than S.A. Grade;(i) Quantities operated in excess of 125% but up to 140% of the agreement quantity of the concerned item, shall be paid at 98% of the rate awarded for that item in that particular tender; (ii) Quantities operated in excess of 140% but up to 150% of the agreement quantity of the concerned item shall be paid at 96% of the rate awarded for that item in that particular tender; (iii) Variation in quantities of individual items beyond 150% will be prohibited and would be permitted only in exceptional unavoidable circumstances with the concurrence of associate finance and shall be paid at 96% of the rate awarded for that item in that particular tender.(b)The variation in quantities as per the above formula will apply only to the Individual Items of the contract and not on the overall contract value.(c)Execution of quantities beyond 150% of the overall agreemental value should not be permitted and, if found necessary, should be only through fresh tenders or by negotiating with existing contractor, with prior personal concurrence of PFA and approval of General Manager. (d)In cases where decrease is involved during execution of contract. i. The contract signing authority can decrease the items up to 25% of individual item without finance concurrence. ii. For decrease beyond 25% for individual items or 25% of contract agreement value, the approval of an officer not less rank of S.A. Grade may be taken, after obtaining 'No Claim Certificate 'from the contractor and with finance concurrence, giving detailed reasons for each such decrease in the quantities .iii. It should be certified that the work proposed to be reduced will not be required in the same work.(e)The limit for varying quantities for minor value items shall be 100% (as against 25%prescribed for other items). A minor value item for this purpose is defined as an item whose original agreement value is less than 1% of the total original agreement value. No such quantity variation limit shall apply for foundation items. As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a whole and not on individual SOR items. However, incase of NS items, the limit of 25% would apply on the individual items irrespective of the manner of quoting the rate (single percentage rate or individual item rate).For the tenders accepted at Zonal Railways level, variations in the quantities will be approved by the authority in whose powers revised value of the agreement lies. For tenders accepted by General Manager, variations up to 125% of the original agreement value may be accepted by General Manager. For tenders accepted by Board Members and Railway Ministers, variations up to 110% of the original agreement value may be accepted by General Manager.

Performance Guarantee:-

The successful bidder shall have to submit a Performance Guarantee (PG)within 21 (Twenty one) days, from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 21 (Twenty one) days and up to 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of12% per annum shall be charged for the delay beyond 21 (Twenty one) days, i.e. from 22nd day after the date of issue of LOA. In case the contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any payable against that contract. The failed contractor shall be debarred from participating in retender for that work. The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% of the contract value: i)A deposit of Cash; ii)Irrevocable Bank Guarantee; iii)Government Securities including State Loan Bonds at 5% below the market value; iv)Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of performance Guarantee could be either of the State Bank of India or of any of the Nationalized Banks ;v)Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks ;vi)A Deposit in the Post Office Saving Bank; vii)A Deposit in the National Saving Certificates; viii)Twelve years National Defense Certificates; ix)Ten years Defense Deposits; x)National Defense Bonds and xi)Unit Trust Certificates at 5 % below market value or at the face value whichever is less. Also, FDR in favour of PFA/ North Central Railway, Prayagraj (free from any encumbrance) may be accepted. The Performance Guarantee shall be submitted by the successful bidder after the Letter of Acceptance(LOA) has been issued, but before signing of the contract agreement. This P.G. shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work gets extended, the contractor shall get the validity of P.G. extended to cover such extended time for completion of work plus 60 days. The value of PG to be submitted by the contractor will not change for variation up to 25% (either increase or decrease). In case during the course of execution, value of the contract increases by more than 25% of the original contract value, an additional Performance Guarantee amounting to 5% (five percent) for the excess value over the original contract value shall be deposited by the contractor. "The Performance Guarantee (PG) shall be released after physical completion of the work based on 'Completion Certificate' issued by the competent authority stating that the contractor has completed the work in all respects satisfactorily. The Security Deposit shall, however, be released only after expiry of the maintenance period, and after passing the final bill based on No Claim Certificate' from the contractor. Whenever the contract is rescinded, the Security Deposit shall be forfeited and the Performance Guarantee shall been chased. The balance work shall be got done independently without risk &cost of the failed contractor. The failed contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a JV or a Partnership firm, then every member/partner of such a firm shall be debarred from participating in the tender for the balance work

Imposition Token Penalty for delay in the completion of Work:-

The existing clause 17(B) of GCC 2022 provides for recovery of liquidated damages from the contractor for delay in completion of work. The competent authority while granting extension to the currency under clause 17(B) of GCC 2022 may also consider levy of token penalty as deemed fit based on the merit of the case. The tenderer is strictly advised to go through the General Conditions of Contract of Indian Railway on Railway Board website.