Preparation & Serving of Subsidized and Personal Ration Meal to the Occupants and Gardening at Running Room,Nimpura (NMP) by outside agencies for a period of 2 years i.e 730 days

T1- Financial Turnover- The bidder should have an aggregate financial turnover not less than 1.5 times the advertised Bid value during the last three previous financial years and in the current financial year upto the date of opening of the tender. The audited balance sheet reflecting financial turnover certified by the chartered accountant with his/her stamp, signature and membership number shall be considered. (Clause 2.6.1.2 of GCC Service- 2018)

T-2 Liquidity: The bidder should have access to or has available liquid assets, lines of credit and other financial means to meet cash flow that is valued at 5% of the estimated bid value net of applicant's commitments of other contracts. The audited balance sheet and/or banking reference certified by chartered accountant with her stamp, signature and membership number shall be submitted by the bidder along with bid. Banking reference should contain in clear terms the amount that bank will be in a position to lend for this work to the applicant/member of the Joint Venture/Consortium. In case the Net Current Assets (as seen from the Balance Sheets) are negative, only the Banking references will be considered. Otherwise the aggregate of the Net Current Assets and submitted Banking references will be considered for working out the Liquidity. The banking reference should be from a Scheduled Bank in India and it should bot be more than 3 months old as on date of submission of bids. (Clause 2.6.1.2 of GCC Service-2018)

The balance sheet and all other financial documents attested/certified by CAs to substantiate fulfilment of Financial Eligibility Criteria should be with UDIN, failing which the offer is likely to be rejected without any further reference.

N.B. i) Bidders may upload the document for Financial Data duly certified by chartered accountant with her stamp, signature and membership number in the sample format in Annexure-B. ii) Sample format for banking reference for liquidity in Annexure-C.

Work Experience: The bidder should have satisfactorily completed (Completed service contract includes on-going service contract subject to payment of bills amounting to at least 35% of the advertised value of the bid) in the last three previous financial years and the current financial year upto the date of opening of the tender, one similar single service contract for a minimum of 35% of advertised value of the bid. Definition of Similar Service Contract specified by the competent authority: "Tenderer(s) having executed the House Keeping and catering works in Indian Railways, Govt/Public sector under takings". Work experience Certificate from of any private individual will NOT be accepted. Certificate from public listed company/private company/Trusts having annual turnover of Rs.500 crore and above subject to the same being issued from their Head Office by a person of the company duly enclosing his authorization by the Management for issuing such credentials. Notes: the bidder shall submit details of work executed by them in the prescribed format alongwith bid for the service contracts to be considered for qualification of work experience criteria clearly indication the nature/scope of contract, actual completion cost and actual date of completion for such contract. (Clause 2.6.1.1 of GCC Service-2018)

N.B Bidders may upload the document of completion certificate. Sample format for completion certificate for work experience in Annexure-A

The intending Tenderer should posses valid Contractors License/Trade License issued by Govt.Licensing Authorities.

Mandate form to be submitted with this tender document duly verified from the bank.

PAN details should be attached

The tenderer must upload a copy of GSTIN Registration No. with the tender document

The tenderer must upload a copy of ESIC & EPF registration no with the tender document

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.

The tenderers shall keep the offer open for a minimum period as mentioned in NIT from the date of opening of the tender, within which period the tenderers can not withdraw their offer, subject to the period being extended further if required, by mutual agreement from time to time. Any intervention of the above condition will make the tenderer liable for forfeiture of his security deposit for due performance of the foregoing stipulation.

Offers shall be deemed to be under consideration immediately after they are opened and until the official intimation of award of contract is made by the Railways to the tenderer. If necessary, the Railways will obtain clarification on the offers by requesting for such information from any or all the tenderer, in writing as may be considered necessary. Tenderer will not be permitted to change the substance of their offers after the offers have been opened.

It is understood and agreed that the Contractor has, by careful examination, satisfied herself as to the nature, scope and location of the services, the type i character of equipment and facilities needed preliminary to, and during the progress of the services, the general and local conditions, the labour conditions prevailing therein and all other matters which can in any way affect the services under the contract.

The Contractor shall submit their (1)official address, (2)e-mail address, (3)telephone no. (4) mobile no. and fax no. (5)GSTIN so that necessary communication can be made by the Railways as and when required

The submission of a Tender by a tenderer(s) shall be deemed to imply and will be considered as he has read, understood and abided by ALL the terms and conditions, specification, rules/Laws stated therein.

Income Tax Clearance Certificate: The tenderer(s) is/are required to produce along with his/their tender an authorized copy of the Income Tax Clearance Certificate or a sworn affidavit duly countersigned by the Income Tax Officer to the effect that he/they have no taxable income.

Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works, that all conditions liable to be encountered during the execution of the works are taken into account and that the rates he entered in the tender form are adequate and all inclusive for the completion of work to the entire satisfaction of the Manager.

Rates quoted should be inclusive of all taxes including GST(Goods and Service Tax)as applicable (as per extant rule). The tenderer must upload a copy of GSTIN Registration No. with the tender document

In case the successful tenderer is not liable to be registered under CGST/IGST/UTGST/SGST Act , the Railway shall deduct the applicable GST from his/their bills under reverse charge mechanism ( RCM) and deposit the same to the concerned authority.

Maximum size of a single attached document in (scanned PDF format only)will be limited to 1(one) mega byte(MB).

Should a tenderer find the discrepancies in, or omissions from the drawings or any of the tender forms or should be in doubt as to their meaning, he should at once notify the authority inviting tenders who may issue a corrigendum. It shall be understood that every endeavor has been made to avoid any error which can materially affect the basis of the tender and the successful tenders 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.

The contractor (where applicable) has to be registered/process(within one week of LOA) for Employee State Insurance Corporation (ESIC) along with Labour Identification Number (LIN) and Universal Account Number (UAN) of EPFO for all the labours & supervisors employed in this contact for their social security. Railway will pay the amount as notified in the tender schedule after submission of documents. No additional amount will be paid for processing or registration fees. Agencies/Contractor should quote the rate keeping all theses in mind. The above registration can also be done through the online portal www.shramsuvidha.gov.in

Execution Co-Relation And Intent Of Contract Documents :

Execution Co-Relation And Intent Of Contract Documents : The contract documents shall be signed in triplicate by the Railway and the Contractor. The contract documents are complementary and what is called for by anyone shall be as binding as if called for by all, the intention of the documents is to include all labour and materials, equipments and transportation necessary for proper execution of the services. Materials or works/services not covered by or properly inferable from any heading or class of the specifications shall not be supplied by the Railway to the contractors unless distinctly specified in the contract documents. Materials or works/services described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognised standards.

Law Governing The Contract :The contract shall be governed by the law for the time being in force in the Republic of India.

Compliance To Regulations And Bye-Laws : The Contractor shall conform to the provision of any statute relating to the services and regulations and bye-laws of any local authority and of any water, drainage and lighting companies or undertakings, with whose system the services are proposed to be provided and shall before making any variation from the drawings or the specifications that may be necessitated by so confirming give to the Engineer notice specifying the variation proposed to be made and the reason for making the variation and shall not carry out such variation until he has received instructions from the Manager in respect thereof. The Contractor shall be bound to give all notices required by statute, regulations or bye-laws as aforesaid and to pay all fees and taxes payable to any authority in respect thereof.

Communications To Be In Writing : All notices, communications, reference and complaints made by the Railway or the Manager or the Manager's Representative or the Contractor inter-se concerning the works/services shall be in writing and no notice, communication, reference or complaint not in writing shall be recognized.

Service Of Notices On Contractors : The Contractor shall furnish to the Manager the name, designation and address of her/his authorized agent and all complaints, notices, communications and references shall be deemed to have been duly given to the Contractor, if delivered to the Contractor or her authorised agent or left at or posted to the address so given and shall be deemed to have been so given in the case of posting on day on which they would have reached such address in the ordinary course of post or on the day on which they were so delivered or left. In the case of contract by partners, any change in the constitution of the firm shall be forthwith notified by the Contractor to the Manager.

Tenderer's Credentials :

Documents testifying tenderer's previous experience and financial status should be produced along with the tender. Tenderer(s) should submit along with his / their tender credentials to establish : (i) His capacity to carry out the works satisfactorily. (ii) His financial status supported by Bank reference and other documents. (iii) Certificates duly attested and testimonials regarding contracting experience for the type of job for which tender is invited with list of works carried out in the past

EARNEST MONEY DEPOSIT (EMD) :

The Bidder shall be required to deposit earnest money with the Bid for the due performance with the stipulation to keep the offer open till such date as specified in the Bid, under the conditions of Bid. The earnest money shall be as under : (a)For works/services estimated to cost up to Rs. 1 crore----- 2% of the estimated cost of the work (b) For works/ services estimated to cost more than Rs. 1 crore. Rs.2 lakh plus ½% (half percent) of the excess of the estimated cost of work beyond Rs.1 crore subject to a maximum of Rs. 1 crore

The earnest money shall be rounded to the nearest Rs.10/-. This earnest money shall be applicable for all modes of bidding. MSEs registered with District Industries Centres, Khadi and Village Industries Commission, Khadi and Village Industries Board, Coir Board, National Small Industries Corporation, Directorate of Handicraft and Handloom, any other body specified by Ministry of MSME or Start-ups as recognised by Department of Industrial policy & Promotion shall be exempted from payment of minimum EMD detailed in the bid.

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 her bid she will not resile from her/their offer or modify the terms and conditions thereof in a manner not acceptable to the Manager. Should the Bidder fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to the Railway.

If the Bid is accepted, this earnest money (as mentioned above) will be returned to the successful bidder after the submission and verification of the Performance Guarantees as per clause 4.11 of GCC-Service (2018). The Earnest Money of other Bidders shall, save as herein before provided, be returned to them, 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.

The Earnest money should be demanded in the form and manner as per the latest instructions issued by the Railway Board from time to time.

Performance Guarantee

Performance guarantee at a rate of 5% (or as per latest amendments) of the contractual value shall be deposited by the successful bidder. The successful bidder shall have to submit a Performance Guarantee (PG) valuing 5% (or as per latest amendments) of the contract value in four separate parts of 1.25% each of the contract value, within 30 (thirty) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 30 (thirty) days and upto the date of submission of PG 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 of 15% per annum shall be charged for the delay beyond 30 (thirty days, i.e. from 31st day after the date of issue of LOA. In case the contractor fails to submit the requisite PG after 60 days from the date of issue of LOA, a notice shall be served to the contractor to deposit the PG immediately however not exceeding 90 days from the date of issue of LOA). In case the contractor fails to submit the requisite PG even after 90 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 re-tender for that work. In case 60th day is a bank holiday or office closure next working dayshould be considered as the last day for submission of the PGs. Decision of Authority competent to sign the Contract Agreement would be final in case of any dispute.

The value of PG to be submitted by the, contractor will not change for variation upto 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) (or as per latest amendments) for the excess value over the original contract value shall be deposited in four equal parts by the contractor. On the other hand, if the value of Contract decreases by more than 25% of the original contract value, Performance guarantee amounting to 5% (five percent) (or as per latest amendments) of the decrease in the contract value shall be returned to contractor. The PG amount in excess of required PG for decreased contract value, available with railways shall be returned to the contractor duly safeguarding the interest of Railways.

Vide Railway Board's letter No.2017/EnHM/25/11 Dt.24.05.2024, Performance Guarantee for services contracts, as given in Para 4.11 of GCC for Services, has been reduced from 10% to 5% for Service Contracts of Indian Railways. However, any instruction/amendment regarding Performance Guarantee amended from time to time will be implemented.

The applicable Performance Guarantee shall be calculated as per the revised value of the contract covering all variations upto the determination of the contract.

If the penalty imposed exceeds 50% of the applicable maximum penalty (as per the revised value of the contract), a PG equivalent to 25% of the applicable PG shall be forfeited. If the penalty imposed exceeds 75% of the applicable maximum penalty, a PG equivalent to 50% of the applicable PG shall be forfeited. The PGs shall be encashed after the completion of the contract.

The successful bidder shall submit the Performance Guarantees (PG) in any of the following forms, amounting to 5% (or as per latest amendments) of the contract value - (a)A deposit of cash; (b)Irrevocable Bank Guarantee; (c)Government Securities including State Loan Bonds at 5% below the market value; (d)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; (e)Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks; (f)A Deposit in the Post Office Saving Bank; (g)A Deposit in the National Savings Certificates; (h)Twelve years National Defence Certificates; (1) Ten years Defence Deposits; (j)National Defence Bonds and (k)Unit Trust Certificates at 5% below market value or at the face value whichever is less. Also, FDR in favour of FA&CAO (free from any encumbrance) may be accepted. Note - The instruments as listed above will also be acceptable for Guarantees in case of Mobilization Advance.

The Performance Guarantees shall be submitted by the successful bidder after the Letter of Acceptance (LOA) has been issued, but before signing of the contract agreement. These PGs shall be initially valid upto the stipulated date of completion and maintenance period, if any plus 60 days beyond that. In case, the time for completion of service gets extended, the contractor shall get the validity of PGs extended to cover such extended time for completion and maintenance period, if any of service plus 60 days.

The Performance Guarantees (PGs) shall be released after physical completion of the work/ service delivery based on 'Completion Certificate' issued by the competent authority stating that the contractor has completed the assigned services in all respects satisfactorily and passing of final bill based on No Claims Certificate" from the contractor. In case any contract provides for warranty/ maintenance clause then 25 % of the Performance Guarantee would be retained till the warranty/ maintenance period is over and a certificate to that effect is issued by the Manager.

Whenever the contract is rescinded, the Performance Guarantees shall be encashed/ forfeited. The balance work or services for the same shall be got done independently without risk & cost of the failed contractor. The failed contractor shall be debarred for a period of 2 years from the date of such rescindment from participating in the bid which includes delivery of balance services of failed contract. If the failed contractor is a Partnership firm, then every member/ partner of such a firm shall be debarred for a period of 2 years from the date of such rescindment from participating in the bid which includes delivery of balance services of failed contract in his/her individual capacity.

The Manager shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and/or without prejudice to any other provisions in the contract agreement) in the event of - (a)Failure by the contractor to extend the validity of the Performance Guarantee as described herein above, in which event the Manager may claim the full amount of the Performance Guarantee. (b)Failure by the contractor to pay President of India any amount due, either as agreed by the contractor or determined under any of the Clauses/Conditions of the Agreement, within 30 days of the service of notice to this effect by Manager. (c)The Contract being determined or rescinded under provision of the GCC, the Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India.

Indemnity By Contractors : The Contractor shall indemnify and save harmless 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 Contractor, her agents or employees, in the execution of the services/works wherever applicable or in 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.

Occupation And Use Of Land : No land belonging to or in the possession of the Railway shall be occupied by the Contractor without the permission of the Railway. The Contractor shall not use, or allow to be used, the site for any purposes other than that of executing, or in relation to the execution of the services.

Execution of Contract Document : The Bidder whose bid is accepted shall be required to appear in person at the office of concerned Manager, as the case may be, or if a firm or corporation, a duly authorized representative shall so appear and execute the contract document within 7 days after receipt of notice issued by the Railway that such documents are ready; and failure to do so shall constitute a breach of the agreement affected by the acceptance of the bid in which case the Railway may determine that such Bidder has abandoned the contract and there upon her bid and acceptance thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of the Earnest Money of the bid and performance guarantees for the bid available with the Railway.

Commencement Of Services :The Contractor shall commence the services within 15 days (unless specified otherwise) after the receipt by her of an order in writing to this effect from the Manager or as directed by the Manager and shall proceed with the same with due expedition and without delay.

Compliance To Managers's Instructions :The Manager shall direct the order in which the several components of the services shall be provided and the Contractor shall execute without delay all orders given by the Manager from time to time; but the Contractor shall not be relieved thereby from responsibility for the due performance of the services in all respects. In cases, where performance or/and quality of services is/are found to be dissatisfactory, Manager or his representatives shall impose penalty as mentioned in bid document, subject to cumulative penalty for such dissatisfactory performance or/and quality of services does not exceeds 10% of original contract value or as prescribed in the bid document.

Partnership Deeds, Power Of Attorney Etc. : In case of a firm not registered under partnership Act. II, the power of attorney duly authorized by all of them should sign the tender and other connected document. A copy of the document empowering the individuals to sign should also be sent with the tender. In any case, Tenderer should disclose his constitution fully & copies of all necessary legal documents in support thereof should be submitted with the tender & originals thereof should be produced as and when called for any individual signing the tender or other documents connected there with should specify whether he is signing. i) As sole proprietor of the firm or his attorney or ii) As a partner or partners of the firm, or iii) For the firm as per procreation, or iv) As a Director, Manager or Secretary in the case of limited Co.

The tenderer shall clearly specify whether the tender is submitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf of a partnership concern, he should submit the certified copy of partnership deed along with the tender and authorization to sign the tender documents on behalf of partnership firm. If these documents are not enclosed along with tender documents, the tender will be treated as having been submitted by individual signing the tender documents. The Railway will not be bound by any power of attorney granted by the tenderer 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 contractor.

The tenderer shall clearly specify whether the tender is submitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf of a partnership concern, he should submit the certified copy of partnership deed along with the tender and authorization to sign the tender documents on behalf of partnership firm. If these documents are not enclosed along with the tender documents, the tender will be treated as having been submitted by individual signing the tender documents. The tenderer whether sole proprietor, a limited company or a partnership firm if they want to act through agent or individual partners should submit along with the tender or at a later stage, a power of attorney duly stamped and authenticated by a Notary public or by Magistrate in favour of the specific person whether he or they be partners of the firm or any other person specifically authorizing him or them to submit the tender, sign the agreement, receive money, witness measurement, sign Measurement Books, compromise, settle, relinquish any claims preferred by the firm and signed No claim certificate and refer all or any dispute to arbitration.

Illegal Gratification :

Any bribe, commission, gift or advantage given, promised or offered by or on behalf to the Contractor or his 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 contractor 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 any moneys due to the Contractor(s) under this contract or any other contracts with the Railway.

The Contractor shall not lend or borrow from or have or enter into any monitory 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 or 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 Contractor will not be paid any compensation whatsoever except payments for the work done up to the date of rescission.

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 7 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/ services 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 Manager as to whether the works/ services have been so resumed or not shall be final and conclusive, PROVIDED FURTHER that if the performance in whole or in part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 120 days, either party may at its option terminate the contract by giving notice to the other party.

Extension Of Time In Contracts: Subject to any requirement in the contract as to completion of any portions or portions of the works before completion of the whole, the contractor shall fully and finally complete the whole of the works comprised in the contract (with such modifications as may be directed under conditions of this contract) by the date entered in the contract or extended date in terms of the following clauses. However, care may be taken to ensure that the extension in service contracts (other than Consultancy contracts) is on the ground that new contract has not been finalized.

Extension Due To Modification: If any modifications have been ordered which in the opinion of the Manager have materially increased the magnitude of the services, then such extension of the contracted date of completion may be granted as shall appear to the Manager to be reasonable in the circumstances, provided moreover 10.1.1 that the Contractor shall be responsible for requesting such extension of the date as may be considered necessary as soon as the cause thereof shall arise and in any case not less than one month before the expiry of the date fixed for completion of the services.

Extension For Delay Not Due To Railway Or Contractor: If in the opinion of the Manager, the progress of services has any time been delayed by any act or neglect of Railway's employees or by other contractor employed by the Railway under Clause 4.20 of these Conditions or in executing the work/service not forming part of the contract but on which contractor's performance necessarily depends or by reason of proceeding taken or threatened by or dispute with adjoining or to neighboring owners or public authority arising otherwise through the Contractor's own default etc. or by the delay authorized by the Manager pending arbitration or in consequences of the contractor not having received in due time necessary instructions from the Railway for which she shall have specially applied in writing to the Manager or her authorized representative then upon happening of any such event causing delay, the Contractor shall immediately give notice thereof in writing 10.1.2 to the Manager within 15 days of such happening, but shall nevertheless make constantly her best endeavours to bring down or make good the services and shall do all that may be reasonably required of her to the satisfaction of the Manager to proceed with the services. The contractor may also indicate the period for which the services is likely to be delayed and shall be bound to ask for necessary extension of time. The Manager on receipt of such request from the contractor shall consider the same and shall grant such extension of time as in her opinion is reasonable having regard to the nature and period of delay and the type and quantum of work affected thereby. No other compensation shall be payable for works so carried forward to the extended period of time, the same rates, terms and conditions of contract being applicable as if such extended period of time was originally provided in the original contract itself.

Extension For Delay Due To Railways:In the event of any failure or delay by the Railway, to hand over the Contractor possession of the site necessary for the execution of the services, or to give the necessary notice to commence the services, or to provide the necessary drawings or instructions or any other delay 10.1.3 caused by the Railway due to any other cause whatsoever, then such failure or delay shall in no way affect or vitiate the contract or alter the character thereof or entitle the contractor to damages or compensation therefore, but in any such case, the Railway may grant such extension or extensions of the completion date as may be considered reasonable.

Extension Of Time For Delay Due To Contractor : The time and uninterrupted delivery of services shall be deemed to be the essence of the contract and the service must be completed not later than the date(s) as specified in the contract. If the contractor fails to complete the services within the time/manner as specified in the contract for the reasons other than the reasons specified in Clause 5.1, the Railway may, if satisfied that the service delivery can be completed by the contractor within reasonable short time thereafter, allow the contractor for further extension of time as the Manager may decide. On such extension, the Railway will be entitled without prejudice to any other right and remedy available on that behalf, to recover from the contractor as agreed damages and not by way of penalty a sum equivalent to 0.10% of the contract value of the service for each week or part of the week.

For the purpose of this clause, the contract value of the services shall be taken as value as per contract agreement including any supplementary contract agreement issued. Provided also, that the total amount of liquidated damages under this condition, shall not exceed 5% In lieu, competent authority while granting extension to the currency of contract under Clause 5.2 of GCC may also consider levy of token penalty, as deemed fit based on the merit of the caseof total value of the contract. This section does not limit Indian Railways from imposing any 10.2.1 penalties under other provisions and such penalties will be applicable concurrently. Provided further, that if the Railway is not satisfied that the service can be completed by the Contractor and in the event of failure on the part of the contractor to complete the service within further extension of time allowed as aforesaid, the Railway shall be entitled without prejudice to any other right or remedy available in that behalf, to appropriate the contractor's Performance Guarantee and rescind the contract under Clause 7.4 of these Conditions, whether or not actual damage is caused by such default.

Dispute: Any dispute arising out of interpretation of Drawings, specifications or any terms and conditions including special condition of the contract or arising during the execution of the work/contract, shall be settled by Railways and his decision shall be final and binding on the contractor/tenderer(s).

Variations, Measurement And Payments

Modification To Contract To Be In Writing : In the event of any of the provisions of the contract requiring to be modified after the contract documents have been signed, the modifications shall be made in writing and signed by the Railway and the Contractor and no service shall proceed under such modifications until this has been done. Any verbal or written arrangement abandoning, modifying, extending, reducing or supplementing the contract or any of the terms thereof shall be deemed conditional and shall not be binding on the Railway unless and until the same is incorporated in a formal instrument and signed by the Railway and the Contractor, and till then the Railway shall have the right to repudiate such arrangements.

Powers of Modification To Contract : The Manager on behalf of the Railway shall be entitled by order in writing to enlarge or extend, diminish or reduce the services or make any alterations in their design, character position. site, quantities, dimensions or in the method of their execution or in the combination and use of materials for the execution thereof or to order any additional service to be done or any services not to be done and the contractor will not be entitled, to any compensation for any increase/reduction in the quantities of work but will be paid only for the actual amount of work done and for approved materials supplied against a specific order.

Unless otherwise specified in the special conditions of the contract, the accepted variation in quantity of each individual item of the contract would be upto 25% of the quantity originally contracted. The contractor shall be bound to carry out the 12.2.1 service at the agreed rates and shall not be entitled to any claim or any compensation whatsoever upto the limit of 25% variation in quantity of individual item of services.

VARIATION IN QUANTITIES During Execution of Service Contracts.

Variations in Quantities During Execution of Service Contracts: The procedure detailed below shall be adopted for dealing with variations in quantities during execution of service contracts - 1.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. 2.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 upto 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 upto 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 agreement 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 FA&CAO / FA&CAO(C) and approval of General Manager. 3.In cases where decrease is involved during execution of contract - (a)The contract signing authority can decrease the items upto 25% of individual item without finance concurrence. (b)For decrease beyond 25% for individual items or 25% of contract agreement value, the approval of an officer not less than 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. (c)It should be certified that the work proposed to be reduced will not be required in the same work. 4.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. 5.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, in case 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). 6.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. 7.For tenders accepted by General Manager, variations upto 125% of the original agreement value may be accepted by General Manager. 8.The aspect of vitiation of tender with respect to variation in quantities should be checked and avoided. In case of vitiation of the tender (both for increase as well as decrease of value of contract agreement, the vitiation shall be on the contractor's account (payment shall be restricted to the lowest calculated value of all valid offers).

Agreement: The successful tenderer(s) shall be required to execute an agreement with the President of India acting through Sr.divisional electrical Engineer/ OP/Kharagpur of South Eastern Railway for carrying out the work according to General Conditions of contract as amended/corrected up to correction slip Successful tenderer(s) shall have to execute Agreement in the standard form within 07 days after receipt of notice issued by the Railway that such documents are ready. If the tenderer(s) fails or refuses to enter into such agreement after having been informed in writing, the Railways shall be entitled to forfeit the earnest money and the work will be executed without his risk and cost.

With all correction slips upto date,the contractors who are working in the Establishment through contract Labour should get themselves registered with the Assistant Labour Commissioner,Central concerned as required under Contract Labour,Regulation and Abolition Act,1970 and the Contract Labour, Regulation and Abolition, Act 1971 and obtain a licence from the Assistant Labour Commissioner,Central concerned and produce the same to the Railway before signing of the agreement failing which the contract awarded will be terminated on the grounds that they have not complied with the legal provisions of the said act and earnest money forfeited.

For transportation of plants,equipments and materials required for the work the contractor/s will make his/their own arrangements either by Road Transport or any other transport.The Railway Administration will not take any responsibility whatsoever and no separate charges will be paid for carriage of materials and transportation of plants and equipments.

Assignment or subletting of contract: The Contractor shall not assign or sublet the contract or any part thereof or allow any person to become interested therein in any manner whatsoever without the special permission in writing of the Railway. Any breach of this condition shall entitle the Railway to rescind the contract under Clause 7.4 of these Conditions and also render the contractor liable for payment to the Railway in respect of any loss or damage arising or ensuing from such cancellation. The permitted subletting of services by the Contractor shall not establish any contractual relationship between the sub-contractor and the Railway and shall not relieve the Contractor of any responsibility under the Contract.

Payment terms: - The standard payment terms subject to recoveries of any amount under the liquidated damages clause of contract will be as under:

Payment as above shall be subject to any deductions of any amount for which the contractor is liable under the contract against this tender including penalty as specified in penalty clause or any other contract in respect of which the President of India is the contracting authority. While releasing payment statutory deduction shall be made as under:- i)Income tax and surcharge on income tax, educational cess, conservancy cess charges as applicable from time to time. ii)Security deposit (where applicable) @ 10% of bill value till the entire amount is realized. iii)Penalty imposed if any as per penalty clause. iv)Cost of any loss/damage/shortage etc. during handling and treatment in Railway. Bills referred by the contractor after 06 months of its becoming due must be accompanied by sufficient justification for delay in submission of the bill and the administration reserves the right to reject such claims as bared and untenable.

Although every effort is made to make payments in time, unavoidable little delays in payments in unforeseen circumstances cannot be ruled out and the contractor will have to continue with the work. Rounding off amounts: - The total amount due to each certificate shall be rounded off to the nearest rupee i.e. sums less than 50 paisa shall be omitted and sums of 50 paisa or more up to Re.1/- will be reckoned as Re.1/-.

Post Payment Audit:- It is an agreed term of contract that the Railway reserves to itself the right to carry out a post-payment audit and / or technical examination of the works / services and the final bill including all supporting vouchers,abstracts etc. and to make a claim on the contractor for the refund of any excess amount paid to her, if as a result of such examination any over-payment to her is discovered to have been made in respect of any services done or alleged to have been done by her under the contract.

"On-Account" Payments : The Contractor shall be entitled to be paid from time to time by way of "On-Account" payment only for such works as in the opinion of the Manager she has executed in terms of the contract. All payments due on the Manager's or the Manager's Representative's certificates of measurements shall be subject to any deductions which may be made under these presents provided always that the Manager may by any certificate make any correction or modification in any previous certificate which shall have been issued by her and that the Manager may withhold any certificate, if the services or any part thereof are not being carried out to her satisfaction.

On Account Payments Not Prejudicial to Final Settlement : "On-Account" payments made to the Contractor shall be without prejudice to the final making up of the accounts (except where measurements are specifically noted in the Measurement Book as "Final Measurements" and as such have been signed by the Contractor) and shall in no respect be considered or used as evidence of any facts stated in or to be inferred from such accounts nor of any particular quantity of service having been executed nor of the manner of its execution being satisfactory.

Manner of Payment: The payments would be released in the manner as specified by the Railway Board time to time.

Points to be ensured while Passing the Bills: (a)Railways shall ensure that all relevant records are to be certified by the contractor and the employee nominated by Principal Employer, before passing the bills of the contractor including but not limited to those provided in the Annexures III - XI. (b)Railways shall ensure that Gross Minimum wages including ESI, PF etc. is paid as per the actuals by the contractor to all workers. In case, if the Contractor fails to pay the gross minimum wages, the same shall be informed to Regional Labour Commissioner. (c)Railways shall ensure that all the relevant records related to statutory obligations and agreement conditions are submitted by the contractor for claiming monthly bills. (d)Railways shall upload the details of the contractor online on the Employees' Provident Fund Organisation (EPFO) portal. Every month, Railways may, if required, cross -verify the contractor's monthly statements regarding PF and other contributions from the EPFO's records online. (e)The contractor is required to provide documentary evidence to show the coverage of all her workers or labour under the schemes mentioned in Clause 6.17 on an annual basis. Upon verification of the records by Railways, payments can be released to the contractor.

Labour Laws:- Violation of labour Laws and other important legislations/ provisions passed in favour of labours is not acceptable and any offer received which are violating such Laws/ Legislations/ Provisions will be dealt as per extant rule. Thus it is advised that theContractor must strictly adhere to all the all the Laws associated with Labours and its ammendment from time to time.

Clause 6.12: Child Labour (Prohibition and Regulation) Act, 1986 Provisions of Child Labour (Prohibition and Regulation) Act, 1986 along with its latest amendments would be binding on the contractor. Clause 6.12.1: Non-Employment of Labour below the Age of 18: The Contractor shall not employ anyone below the age of 18 as labour directly or through petty contractors or sub-contractors for the execution of work.

Non-employment of female Labour: The Contractor shall not deploy any female staff at night time.

Minimum Wages, ESI and EPF for all the staff (Skilled/Semi Skilled/Unskilled) engaged by the contractor has to be paid regularly without any excuse. Clause 6.16: Police Verification of Labour employed by Contractor. The contractor is required to submit Police Verification certificates for all contractual staff that she/he will be hiring for delivery of services for Indian Railways. The format for the same is provided in the Annexure Xl.

Clause 6.5.1: Wages to Labour:- (a)The Contractor shall display of Notices in English and Hindi/Local vernacular language in the workplace and other wise make all workers aware regarding the minimum rates of wages fixed, hours of work, wage period, abstract of laws & rules made there under, date & place of payment, Name, address & contact details of the Labour Enforcement Officer. (b)The contractor shall maintain the Register of Muster Roll, Register of Wages (Form XVII as provided in the Annexure VI), Register of Fines, Register of deductions for damages/loss, Register of Overtime at the workplace in the prescribed formats under the law. (c)The contractor shall issue monthly wage slips as per Form XIX provided in Annexure VII to all workers showing the details of the gross wages, deductions if any and the net wages. (d)The Contractor shall submit Annual Return in the prescribed form to the concerned Labour Enforcement Officer (Central). 6.5.2 Proof of Payment of Wages: Bank remittance of salaries of all the Contractor's workers and to produce the documents to the effect to Railways for claiming monthly bills. 6.5.3 Weekly Rest: The contractor shall also provide weekly rest on staggered basis to all workers and comply with all other provisions of the law.

The latest Minimum wages for different types of worker and different area notified by Chief Labour Commissioner (C), NEW DELHI, MINISTRY OF LABOUR, GOVT OF INDIA is also available at http://labour.gov.in/minimum-wages-central-sphere or http://training.shramsuvidha.gov.in/UserKnowMinimumWage/minimumwage_search The labours deployed by the contractor for the entire work must have individual Bank account in their own name. The payment to the labours shall be made as per the latest minimum wages through bank accounts of the individual labour only and not in cash.

The summary of payment slip submitted by contractor, salary credited to individual bank account of labours, ESI and EPFO contribution statement all must be matched. Any deviation will not be tolerated and payment will not be processed till clarification and settlement.

The status of the Contractor shall be that of an independent contractor. The Contractor, its employees, agents and any subcontractors performing under this Contract are not employees or agents of the State or any agency, division or department of the State simply by virtue of work performed pursuant to this Contract. Neither the Contractor nor its employees shall be considered employees of the Railways or the Govt. of India/ State simply by virtue of work performed pursuant to this Contract. To ensure compliance of labour laws in a service contract the bidder shall be disqualified for consideration of award of the bid if she/they have been levied with a penalty for violation of labour laws for three times in the last two years (from the date of opening of tender) by the appropriate enforcing agency like the Labour Commissioner etc. The declaration to this effect shall be furnished by the bidder as a part of his bid document. A format in this regard shall be made a part of the bid document. In case this declaration is found to be false, process for 'banning of business' against the bidder/contractor shall be initiated as per extent rules. Indian Railways may also undertake measures, as decided by competent authority, to ensure labour welfare for contract workers, as deemed fit, such as: a)Helpline for complaints from labour regarding payment of wages, work site facilities, sexual harassment etc. b)Provision for recording anonymous complaints from workers, citizens etc. regarding violation of labour laws by Contractor

The Railways shall ensure that the contractor shall pay the wages to their workers not below the rate of minimum wages, as notified by the State Government or Central Government, whichever is higher, through the bank transfer. The contractor will be required to submit every month, documentary evidence in the form of Bank Statement of having transferred the gross minimum wages to each of the workers. Failure to do so will entail in Indian Railways taking up any measure to ensure the payment of wages including, but not limited to, withholding contractor's on-account bills.

Legal Obligations: The contractor 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 •The Workman's Compensation Act, 1923 •Provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952 •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 •Child Labour Act, 1986 •Apprentices Act, 1961 •Equal Remuneration Act , 1976 •Safai Karamcharis Act, 1993 •Industrial Disputes Act, 1947 •Maternity Benefit Act, 1961 •Trade Unions Act, 1926 •Payment of Bonus Act, 1965 •Payment of Gratuity Act, 1972 •Industrial Employment (Standing Orders) Act, 1946 •Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Clause 6.4: Provisions of Contract Labour (Regulation and Abolition) Act, 1970/ Rules 1950 6.4.1 The Contractor shall comply with the provision of the Contract Labour (Regulation and Abolition) Act, 1970 and the Contract Labour (Regulation and Abolition) Central Rules, 1971 as modified from time to time, wherever applicable and shall also indemnify the Railway from and against any claims under the aforesaid Act and the Rules. 6.4.2 The registration of the principal employer and the establishment shall be ensured before the commencement of the contract. 6.4.3 Contractors employing more than 20 workers shall obtain License from the Asst, Labour Commissioner before the commencement of the work and continue to have a valid license until the completion of the work. Any failure to fulfill the requirement shall attract the penal provision of the Contract arising out of the resultant non-execution of the work. 6.4.4 The Contractor shall send half yearly return in Form XXIV (in duplicate), provided in Annexure VIII to Indian Railways and to the Licensing Officer, so as to reach the Railways and Licensing Officer concerned not later than 30 days from the close of the half year. (Half year for the purpose of this rule means "a period of 6 months commencing from 1st January and 1st July of every year). 6.4.5 The Contractor shall pay to the labour employed by her directly or through subcontractors the wages as per provision of the aforesaid Act and the Rules wherever applicable. The Contractor shall, notwithstanding the provisions of the contract to the contrary, cause to be paid the wages to labour indirectly engaged on the works including any engaged by sub- contractors in connection with the said work, as if the labour had been immediately employed by her. 6.4.6 In respect of all labour directly or indirectly employed in the work for performance of the contractor's part of the contract, the Contractor shall comply with or cause to be complied with the provisions of the aforesaid Act and Rules wherever applicable.

6.4.7 In every case in which, by virtue of the provisions of the aforesaid Act or the Rules, the Railway is obliged to pay any amount of wages to a worker employed by the Contractor or her sub-contractor in execution of the work or to incur any expenditure on account of the contingent liability of the Railway, due to the contractor's failure to fulfill her statutory obligations under the aforesaid Act or the rules, the Railway will recover from the Contractor, the amount of wages so paid or the amount of expenditure so incurred and without prejudice to the rights of the Railway under the Section 20, Sub-Section (2) and Section 2, Sub-Section (4) of the aforesaid Act. The Railway shall be at liberty to recover such amount or part 19.9.1 thereof by deducting it from any sum due by the Railway to the contractor whether under the contract or otherwise. The Railway shall not be bound to contest any claim made against it under Sub-Section (1) of Section 20 and Sub-Section (4) of Section 21 of the aforesaid Act except on the written request of the Contractor and upon her giving to the Railway full security for all costs for which the Railway might become liable in contesting such claim. The decision of the Railway regarding the amount actually recoverable from the contractor as stated above shall be final and binding on the Contractor. 6.4.8 The actual area of working i.e. Station/Colony shall be registered with the regional, central labour commission office.

6.4.9 Principal Employer & Duties 6.4.9.1 Principal Employer is: (a)in relation to any office or department of the Government or a local authority, the head of that office or department or such other officer as the Government or the local authority, as the case may be, may specify in this behalf, (b)in any other establishment, any person responsible for the supervision and control of the establishment. 6.4.9.2 Duties of Principal Employer: It is the duty of the Principal Employer to ensure the amenities as described below under Sections 17, 18, 19 of the Act, shall be provided by the Contractor within the prescribed time limit. Otherwise, such amenities shall be provided by the Principal Employer and the necessary deductions shall be made to the extent facilities provided. (Section 20). 6.4.10 Contractors Responsibilities: The following provisions shall be made by the contractor under the law- (a)Canteen - The necessary refreshment stalls shall be provided for the workers where the workforce is more than 100 by the Contractor (section 16). (b)Rest Rooms - Provision of rest rooms is essential wherein the labour 19.9.2 is required to halt at night in connection with the work (section 17) (c)Drinking Water & Sanitation - Provision of wholesome drinking water/ urinals/ washrooms/washing facilities/supply of dungaree cloth, soap solution, coconut oil etc. shall be ensured to the contract labour (Section 18). Contractor shall permit inspection of all drinking water and sanitation arrangements at all times by the Manager, the Manager's Representative or the Medical Staff of the Railway. Should the contractor fail to make the adequate sanitary arrangements, these will be provided by the Railway and the cost therefore recovered from the Contractor. (d)First Aid Facilities - Provision of First Aid facility shall be provided and maintained by the contractor during all working hours. The first aid box shall be equipped with prescribed contents as provided in Annexure XVI at the working place. (Section 19) First aid boxes shall be provided and maintained so as to be readily assessable during all working hours at the rate of not less than 1 box for 150 contract labour or part thereof ordinarily employed.

6.4.11 Payment of Wages: (a)The responsibility for payment of wages lies with the contractor (Section 21) who shall be responsible for payment of wages to each worker employed by her as contract labour and such wages shall be paid before the expiry of such period as may be prescribed. (b)Every Principal Employer shall nominate a representative duly authorized by her to be present at the time of Disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner as may be prescribed. (c)In case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the Principal employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be, to the contract labour employed by the contractor and recover the amount so paid from the contractor. (d)The Minimum Rate of Wages for all Workers as notified by Regional Labour Commissioner shall be paid through Nationalized Banks. (e)The Contractor shall ensure the Bank remittance of salaries for all her employees and 19.9.3 necessary documents in this connection shall be furnished to the Railways for claiming monthly bills. (f)In case of revision of rates of minimum wages, the contractor must also submit documents regarding revision notifications of Minimum wages (Wages and VDA) and proof of payment to the labour with revised rates. (g)Date of payment of wages to workers by the Contractor must be as follows- Employees less than one thousand (1000) Before expiry of the seventh (7) day after the last day of wage period and Employees more than one thousand (1000)Before the expiry of tenth (10) day after the last day of wage period (h)Any worker terminated by the contractor, the wages earned by the worker shall be paid before expiry of second working day from the day on which their employment is terminated. (i)All payments of wages shall be made on a working day at the work place and during the working hours. Final payment shall be made within 48 hours of the last working day. (j)Deductions: Wages shall be paid without any deductions of any kind except those specified by the state government and permissible under the payment of wages act 1936.

Clause 6.6: Provisions of Payments of Wages Act- The Contractor shall comply with the provisions of the Payment of Wages Act, 1936 and the rules made there-under in respect of all employees directly or through petty contractors or sub-contractors employed by her in the services/works. if in compliance with the terms of the contract, the Contractor directly or through petty contractors or sub-contractors shall supply any labour to be used wholly or partly under the direct orders and control of the Manager whether in connection with the works to be executed hereunder or otherwise for the purpose of the Manager, such labour shall nevertheless be deemed to comprise persons employed by the contractor and any 19.10 moneys which may be ordered to be paid by the Manager shall be deemed to be moneys payable by the Manager on behalf of the Contractor and the Manager may on failure of the Contractor to repay such money to the Railways deduct the same from any moneys due to the Contractor in terms of the contract_ The Railway shall be entitled to deduct from any moneys due to the contractor (whether under this contract or any other contract) all moneys paid or payable by the Railway by way of compensation of aforesaid or for costs of expenses in connection with any claim thereto and the decision of the Manager upon any question arising out of the effect or force of this Clause shall be final and binding upon the Contractor.

Clause 6.17: Mandatory Compliance of Government Schemes The contractor must ensure and provide documentary evidence for the following - 6.17.1 All the workers or labour employed directly or indirectly by the contractor must be enrolled under the Pradhan Mantri Jan Dhan Yojana (PMJDY), a scheme that aims to provide all the citizens of India a bank account, credit facility, insurance cover and debit card. 6.17.2 All the workers or labour employed directly or indirectly by the contractor between the ages 18 - 70 years must be enrolled under the Pradhan Mantri Suraksha Bima Yojana (PMSBY), an accident insurance scheme which will be a one year cover, renewable from year to year, offering accidental death and disability cover for death or disability on account of an accident. The contractor will be 19.11 responsible to pay the premium per annum per member for all her workers during the contract period. 6.17.3 All the workers or labour employed directly or indirectly by the contractor between the ages 18 - 50 years must be enrolled under the Pradhan Mantri Jeevan Jyoti Bima Yojana, an insurance scheme which will be a one year cover, renewable from year to year, offering life insurance cover for death due to any reason. The contractor will be responsible to pay the premium per annum per member for all her workers during the contract period. 6.17.4 The contractor must submit documentary evidence to show the coverage of all her workers or labour under the above mentioned schemes at all times during the contract period on an annual basis.

Adequate safety precautions are to be taken by the Contractor to ensure safety of workmen engaged by him. Contractor should give necessary safety training related to the work. The contractor Labours/supervisor should be cautioned/vigilant about the movement of train and High voltage Over head equipment (OHE) while working in Railway sheds, yards and stations. The contractor must take utmost care to ensure that no damage to the Railway staff and property takes place due to any act of his workmen,while carrying out the work under this contract.

Reporting of Accidents to Labour: The Contractor shall be responsible for the safety of all employees directly or through petty Contractors or sub Contractors employed by him on the works. Adequate safety precautions are to be taken and training to be given to all the workers for maintaining all safety practices at workplace. Contractor shall report serious accidents to any of them however and wherever occurring on the works to the engineer/supervisor/ manager/consignee or the his/her representative and shall make every arrangements to render all possible assistance.

Treatment of Contractors staff in Railway Hospitals: The Contractor and his staff, other than Labourers and their families requiring medical aid from the Railway Hospitals and dispensaries will be treated as private patients and charged accordingly. The Contractors Labourers and their families will be granted free treatment in Railway hospitals and dispensaries where no other Hospitals or dispensaries are available provided the Contractor pays the costs of medicines, dressings and diet money according to the normal scale and additional charges for special examinations such as pathological and bacteriological examination, X-Ray etc. and for surgical operation.

Clause 6.8: Provisions of Workmen's Compensation Act 6.8.1 This Act facilitates to provide for the payment by certain classes of employers to their workers of compensation for injury by accident. 6.8.2 It is the Employer's liability to pay the compensation to a worker for death or personal injury resulting into total or partial disablement or occupation disease caused to a worker arising out of and during the course of employment (Section 3). The amount of compensation is as per the Section 4 of the Act. 6.8.3 The contractor shall accept liability for compensation in accordance with the provisions of the Workmen's' Compensation Act, 1923 or any statutory modification thereof for the time being in force in respect of the persons employed by her/ him. 6.8.4 In every case in which by virtue of the provisions of Section 12 Sub-Section (1) of the Workmen's Compensation Act 1923, Railway is obliged to pay compensation to a worker directly or through petty contractor or subcontractor employed by the Contractor in executing the work, Railway will recover from the Contractor the amount of the compensation so paid, and, without prejudice to the rights of Railway under Section 12 Sub-section (2) of the said Act, Railway shall be at liberty to recover such amount or any part thereof by deducting it from any sum due by Railway to the Contractor.

Certificate Of Completion Of Works : As soon as in the opinion of the Engineer, the work has been completed and has satisfactorily passed any final test or tests that may be prescribed, the Engineer shall issue a certificate of completion duly indicating the date of completion in respect of the work and the period of maintenance of the work shall commence from the date of completion mentioned in such certificate. The Engineer may also issue such a certificate indicating date of completion with respect to any part of the work (before the completion of the whole of work), which has been both completed to the satisfaction of the Engineer and occupied or used by the Railway. When any such certificate is given in respect of part of a work, such part shall be considered as completed and the period of maintenance of such part shall commence from the date of completion mentioned in the completion certificate issued for that part of the work.

Adherence to Specifications: - The whole of the works/ services shall be executed in perfect conformity with the specifications and procedures (and drawings, wherever applicable) of the contract. If Contractor performs any act in a manner contrary to the specifications or drawings or any of them and without such reference to the Manager, she shall bear all the costs arising or ensuing there from and shall be responsible for all loss to the Railway.

Provision of Efficient and Competent Staff at Sites by the Contractor: - Clause 4.26 : - 4.26.1 The Contractor shall maintain efficient and competent staff to give the necessary directions to her workers and to see that they provide their services in proper and desirable manner and shall employ only such supervisors, workers & labour in or about the execution of any of these services as are careful and skilled in the various trades. Daily record of such supervisors and labour shall be maintained. 4.26.2 The Contractor shall at once remove from the site any agents, permitted sub-contractor, supervisor, worker or labour who shall be objected to by the Manager. If and whenever required by the Manager, she shall submit a correct return showing the names of all staff and workers employed by her. 4.26.3 In the event of the Manager being of the opinion that the Contractor is not employing on the services a sufficient number of staff and workers as is specified or otherwise for proper execution of the services within the prescribed procedure and time, the Contractor shall forthwith on receiving intimation to this effect deploy the additional number of staff and labour as specified by the Manager immediately and failure on the part of the Contractor to comply with such instructions will entitle the Railway to rescind/ penalize the contract under suitable clauses of these/special conditions. 4.26.4 Deployment of Qualified Supervisors by the Contractor (a) The contractor shall also employ qualified supervisors based on value of the contract and the extent of services as prescribed in the Bid documents as 'Special Conditions of Contract' by the Tender Inviting Authority. (b)In case the contractor fails to employ the supervisor, as aforesaid in the above paragraph, she shall be liable to pay penalty at the rates, as may be prescribed by the Ministry of Railways through separate instructions from time to time for the default period for the provisions, as contained in this section or as provided for in the bid document. (c)Number of qualified supervisors required to be deployed by the Contractor for various activities contained in the service contract shall be specified in the tender documents by the tender inviting authority.

Inspection Registers and Records: The Contractor shall maintain accurate records, plans and charts and the Engineer or his representative shall have access to this information at all times. Records of observations made shall be handed over to the Engineers representative. The Contractors representative will maintain the following registers at site. Site Order Register The Contractor shall promptly acknowledge orders given therein by Engineer or his representative and shall make all efforts to comply with them. The Contractor shall report to the Engineer the compliance so that it can be checked. Log Book of events All events are required to be chronologically logged in this book date and shift wise.

Attendance Register Railway representative will check the attendance register of the man deployed by contractor on daily basis to ensure proper execution of work. The attendance shall be recorded in a register maintained by the contractor supervisory staff and the contractors men shall have to sign on a daily basis. Such record to be produced on demand by railways authorized representative while preparing bill for payment.

Clause 4.24: Damage to Railway Property o r Private Life and Property The Contractor shall be responsible for all risk involved in the services rendered and for trespass and shall make good at her own expense all loss or damage whether to the works/services themselves or to 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 Contractor, and in case the Railway shall be called upon to make good any costs, loss or damages, or to pay any compensation, including that payable under the provisions of the Workmen's Compensation Act or any statutory amendments thereof to any person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the Contractor; the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Railway may incur in reference thereto, shall be charged to the Contractor. The Railway shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the Contractor, to take such steps as may be considered necessary or desirable to ward off or mitigate the effect of such proceedings, charging to Contractor, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defense or compromise, and the incurring of any such expenses shall not be called in question by the Contractor.

Determination of Contract:

Clause 7.1 Right of Railway to determine the Contract : The Railway shall be entitled to determine and terminate the contract at any time should, in the Railway's opinion, the cessation of work becomes necessary owing to paucity of funds or from any other cause whatever, in which case the value of approved materials at site and/ or of work done to date by the Contractor will be paid for in full at the rate specified in the contract. Notice in writing from the Railway of such determination and the reasons therefore shall be conclusive evidence thereof.

Clause 7.2: Payment on Determination of Contract: Should the contract be determined under clause 7.1 and the Contractor claims payment for expenditure incurred by her in the expectation of completing the whole of the work, the Railways shall admit and consider such claims as are deemed reasonable and are supported by vouchers to the satisfaction of the Manager. The Railway's decision on the necessity and propriety of such expenditure shall be final and conclusive.

Clause 7.3: No Claim on Compensation: The Contractor shall have no claim to any payment of compensation or otherwise, howsoever on account of any profit or advantage which she might have derived from the execution of the work in full but which she did not derive in consequence of determination of contract.

Determination of Contract Owing to Default of Contractor: Clause 7.4:

If the Contractor should - (a)Become bankrupt or insolvent, or (b)Make an arrangement with of assignment in favour of her creditors, or agree to carry out the contract under a Committee of Inspection of her creditors, or (c)Being a Company or Corporation, go into liquidation (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), or (d)Have an execution levied on her goods or property on the services, or (e)Assign the contract or any part thereof otherwise than as provided in Clause 4.5 of these Conditions, or (f)Abandon the contract, or (g)Persistently disregard the instructions of the Manager, or contravene any provisions of the contract, or (h)Fail to adhere to the agreed programme of work by a margin of 10% of the stipulated period, or (i) Have been imposed with maximum cumulative penalty as per Clause 4.17.1, (j)Fail to remove materials from the site or to pull down and rectify service wherever applicable after receiving from the Manager notice to the effect that the said materials or (k)Have been condemned or rejected under Clause 4.25, 4.27 and 4.28 of these Conditions, or

(l) Fail to take steps to employ competent or additional staff and labour as required under Clause 4.26 of the Conditions, or (m)Fail to afford the Manager or Manager's representative proper facilities for inspecting the services or any part thereof as required under Clause 4.29 of the Conditions, or (n)Promise, offer or give any bribe, commission, gift or advantage either herself or through her partner, agent or servant to any officer or employee of the Railway or to any person on her or on their behalf in relation to the execution of this or any other contract with this Railway. (a)At any time after the Bid relating to the contract, has been signed and submitted by the Contractor, being a partnership firm admits as one of its partners or employees under it, or being an incorporated company elect or nominate or allow to act as one of its directors or employee under it in any capacity whatsoever, any retired officer of the Gazetted rank or any other retired Gazetted officer working before her retirement, whether in the executive or administrative capacity, or whether holding any pensionable post or not, in the Railways for the time being owned and administered by the President of India before the expiry of one year from the date of retirement from the said service of such officer, unless such officer has obtained permission from the President of India or any officer duly authorised 28.1.1 by her in this behalf, to become a partner or a director or to take employment under the contract as the case may be, or (p)Fail to give at the time of submitting the said bid: (1) The correct information as to the date of retirement of such retired officer from the said service, or as to whether any such retired officer was under the employment of the Contractor at the time of submitting the said Bid, or (ii)The correct information as to such officers obtaining permission to take employment under the Contractor, or (iii)Being a partnership firm, the correct information as to, whether any of its partners was such a retired officer, or (iv)Being in incorporated company, correct information as to whether any of its directors was such a retired officer, or (v)Being such a retired officer suppress and not disclose at the time of submitting the said Bid the fact of her being such a retired officer or make at the time of submitting the said Bid a wrong statement in relation to her obtaining permission to take the contract or if the Contractor be a partnership firm or an incorporated company to be a partner or director of such firm or company as the case may be or to seek employment under the Contractor. Then and in any of the said clause, the manger on behalf of the Railway may serve the Contractor with notices stipulated in the clauses 7.4.1, 7.4.2 & 7.4.3.

Fail to give at the time of submitting the said tender: -

The correct information as to the date of retirement of such retired officer from the said service or as to whether any such retired Engineer or retired officer was under the employment of the Contractor at the time of submitting the said tender, or ii)The correct information as to such Engineer or officers obtaining permission to 28.2.1 take employment under the Contractor, or iii)Being a partnership firm, the correct information as to, whether any of his partners was such a retired Engineer or officer, or iv)Being an incorporated company correct information as to whether any of its directors was such a retired Mechanical Engineer or a retired officer or

Being such a retired Engineer or retired officer suppress and not disclose at the time of submitting the said tender the fact of his being such a retired Mechanical Engineer or a retired officer or make at the time of submitting the said tender a wrong statement in relation to his obtaining permission to take the contract or if the Contractor be a partnership firm or an incorporated company to be a partner or director of such firm or company as the case may be or to seek employment under the Contractor. Then and in any of the said cases, the Engineer on behalf of the 28.2.2 Railway may serve the Contractor with a notice in writing to that effect and if the Contractor does not within 7 days after the delivery to him of such notice proceed to make good his default in so far as the same is capable of being made good and carry on the work or comply with such directions as aforesaid to the entire satisfaction of the Engineer, the Railway shall be entitled after giving 48 hours notice in writing under the hand of the Engineer to rescind the contract as a whole or in part or parts (as may be specified in such notice)and after expiry of 48 hours' notice, a final termination notice (Proforma at Annexure-XI) should be issued.

Clause 7.5: Right of Railway after Rescission of Contract owing to Default of Contractor: In the event of any or several of courses referred in clause (7.4.3) being adopted

Sub Clause 7.5.1: The Contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into any commitments or made any advances on account of or with a view to the execution of the works or the performance of the contract and Contractor shall not be entitled to recover or be paid any sum for the service wherever applicable there to for actually performed under the contract unless and until the Manager shall have certified the performance of such services wherever applicable and the value payable in respect thereof and the contractor shall only be entitled to be paid the value so certified.

Sub Clause 7.5.2: The Manager or Manager's representative shall be entitled to take possession of any materials, tools, implements, machinery and buildings on the services or on the property on which these are being or ought to have been executed and to retain and employ the same in the further execution of the services wherever applicable or any part thereof until the completion of the services without the Contractor being entitled to any compensation for the use and employment thereof or for wear and tear or destruction thereof.

Sub Clause 7.5.3: The Manager shall as soon as may be practicable after removal of the Contractor fix and determined ex-parte or by or after reference to the parties or after such investigation or enquiries as she may consider fit to make or institute and shall certify what amount (if any) had at the time of rescission of the contract been reasonably earned by or would reasonably accrue to the Contractor in respect of the services then actually done by her under the contract and what was the value of any unused, or partially used materials, any constructional plant and any temporary works upon the site. The legitimate amount due to the contractor after making necessary deductions and certified by the Manager should be released expeditiously.

Accommodations and Railway Passes: No accommodations shall be given to any contractor(s) or staff/supervisors for the purpose of stay. Also, no Railway pass / PTO shall be given to them.

Dispute in specification: Any dispute arising out of interpretation of Drawings, specifications or any terms and conditions including special condition of the contract or arising during the execution of the srvices/contract, shall be settled by Railways and his decision shall be final and binding on the contractor/tenderer(s).

Details of employees engaged by the contractor Before commencing the work, contractor shall submit a list of his employees as would be engaged by him for this work with details of names, address, phone no., age, marital status, election ID no. etc. Moreover, police verification of each and every staff/supervisor/supervisor-in- charge to be engaged for this work must be got done by the contractor at his own cost and one copy of police verification certificate must be submitted to SSE/consignee along with the details of the employee before starting the work.

Contractor will nominate a representative/supervisor-in-charge who will maintain liaison with the Railways, nominated representative regarding carrying out the said activities at specified areas.

Contractor should issue Identity cards with provision of hanging over neck to all his labour being engaged to carry out the Work, including the Supervisor. These identity cards should be so carried that Railway Security can identify them. The Identity cards should be hanged over neck by the contractors labour every time, during their presence on Railway Premises.

The quality of work will be closely monitored and shall be inspected daily by Railway Authority. The contractor will not employ any unethical practices to compromise the quality of work. Contractor or his men will not use any such means, which will affect the quality of work and may cause damage to Railway property due to such practice, for which contractor will be solely responsible. If any such incident takes place and the Contractor is found responsible, Railways will reserve the right to terminate the Contract immediately.

The contractors who are working in the Establishment through contract Labour should get themselves registered wherever applicable with the Assistant Labour Commissioner, Central concerned as required under Contract Labour, Regulation and Abolition Act,1970 and the Contract Labour, Regulation and Abolition, Act 1971 and obtain a licence from the Assistant Labour Commissioner, Central concerned and produce the same to the Railway before signing of the agreement failing which the contract awarded will be terminated on the grounds that they have not complied with the legal provisions of the said act and earnest money forfeited.

EPF and ESI registration would be mandatory wherever applicable and documents towards EPF and ESI registration shall be submitted before execution of the agreement failing which contract will be terminated. The labours deployed by the contractor for the entire work should have individual Bank account in the their own name. The payment to the labour by the contractor should as far as possible be made through bank accounts of the individual labour as per the latest minimum wages issued from Chief labour commissioner (C).

Clause- 5.7 : Price Variation Clause (PVC) The Price Variation Clause is devised as per the composition of an individual work/ service contract can be incorporated by the tender inviting authorities based on the following general principles. The amount payable on account of Price variation shall be settled every quarter. Clause-5.7.1 : Applicability: Price Variation Clause (PVC) shall be applicable only for tenders of value as prescribed by the Ministry of Railways through instructions/circulars issued from time to time and for long term contracts, where delivery period extends beyond 18 months.* Materials supplied free of cost by Railway to the contractors shall fall outside the purview of Price Variation Clause. If, in any case, accepted offer includes some specific payment to be made to consultants or some materials supplied by Railway free or at fixed rate, such payments shall be excluded from the gross value of the work for the purpose of payment/recovery of price variation. (Also refer sub clause no-5.7.2, 5.7.3, 5.7.4, 5.7.5, 5.7.6, 5.7.7 and 5.7.8)

Clause 5.8: Price Variation During Extended Period of Contract: The price adjustment as worked out above, i.e. either increase or decrease shall be applicable upto the stipulated date of completion of work including the extended period of completion where such extension has been granted under Clause 5.1 of the Standard General Conditions of Contract. However, where extension of time has been granted due to contractor's failure under Clause 5.2, price adjustment shall be done as follows: Clause 5.8.1: In case the indices or minimum wages increase above the indices or minimum wages applicable to the last month of original completion period or the extended period under Clause 5.1, the price adjustment for the period of extension granted under Clause 5.2 shall be limited to the amount payable as per the Indices or minimum wages applicable to the last month of the original completion period or the extended period under Clause 5.1 of the General Conditions of Contract; as the case may be. Clause 5.8.2: In case the indices fall below the indices or minimum wages applicable to the last month of original/ extended period of completion under Clause 5.1, as the case may be; then the lower indices or minimum wages, as the case may be, shall be adopted for the price adjustment for the period of extension under Clause 5.2 of the Standard General Conditions of Contract.

Clause 5.9: Maintenance of Works contemplated in the Services : Service contracts may have an element of work included to provide services. In such cases the content of this para shall be applicable - The Contractor shall at all times during the progress and continuance of the service and also for the period of maintenance of Works contemplated in the Service specified, if any in the Bid Form after the date of passing of the certificate of completion by the Manager or any other earlier date subsequent to the completion of the work that may be fixed by the Manager be responsible for and effectively maintain and uphold in good substantial, sound and perfect condition all and every part of the work and shall make good from time to time and at all times as often as the Manager shall require, any damage or defect that may during the above period arise in or be discovered or be in any way connected with the work, provided that such damage or defect is not directly caused by errors in the contract documents, act of providence or insurrection or civil riot, and the Contractor shall be liable for and shall pay and make good to the Railway or other persons legally entitled thereto whenever required by the Manager so to do, all losses, damages, costs and expenses they or any of them may incur or be put or be liable to by reasons or in consequence of the operations of the Contractor or of her failure in any respect. 5.9.1 Certificate of Completion of Works contemplated in Service: As soon as in the opinion of the Manager, the work has been completed and has satisfactorily passed any final test or tests that may be prescribed, the Manager shall issue a certificate of completion duly indicating the date of completion in respect of the work and the period of maintenance of the work, if applicable, shall commence from the date of completion mentioned in such certificate. The Manager may also issue such a certificate indicating date of completion with respect to any part of the work (before the completion of the whole of work), which has been both completed to the satisfaction of the Manager and occupied or used by t he Rail way. When any such certificate is given in respect of part of a work, such part shall be considered as completed and the period of maintenance, if an y shall commence from the date of completion on mentioned in the completion certificate issued for that part of the work.

5.9.2 Maintenance Certificate: In case maintenance period is specified in the contract, for any part the Contract, it shall not be considered as completed until a Maintenance Certificate shall have been signed by the Manager stating that the works have been completed and maintained to her satisfaction. The maintenance Certificate shall be given by the Manager upon the expiration of the period of maintenance or as soon thereafter as any works ordered during such period pursuant to Clause 5.9.1 of these Conditions shall have been completed to the satisfaction of the Manager and full effect shall be given to this Clause notwithstanding the taking possession of or using the works/ services or any part thereof by the Railway. 5.9.3 Contractor Not Absolved By Completion Certificate: The Certificate of Completion in respect of the works referred to in Sub-Clause 5.9.1 of this Clause shall not absolve the Contractor from her liability to make good any defects imperfections, shrinkages r faults which may appear during the period of maintenance specified in the Bid arising in the opinion of the Manager from materials or quality of workers not in accordance with the drawings or specifications or instruction of the Manager, which defects, imperfections, shrinkages or fa ults sh all upon the di rection i n writing of the Manager be a mended and made good by the Contractor at her own cost; and in case of default on the part of Contractor , the Ma nager may emp loy 1 abo ur and m ate rial s or app °int another Con tractor to a mend and make good such defects, imperfections, shrinkages and faults and all expenses consequent thereon and incidental thereto shall be borne by the Contractor and shall be recoverable from any moneys due to her under the cont ract. 5.9.4 Approval Only by Maintenance Certificate: No certificate other than Maintenance certificate referred to in Clause 5.9.3 of the Conditions shall be deemed to constitute approval of any work or other matter in respect of which it is issued or shall be taken as an admission of the due performance of the contract or any part thereof or of the accuracy of any claim or demand made by the Contractor or of additional varied work having been ordered by the Manager nor shall any other certificate conclude or prejudice any of the powers of the Manager.

All the Terms & Condition in this contract applies as per General Conditions of Contract for Services - 2018 with upto date correction slip will be followed.

OTHER CONDITIONS: If there is any item, which is not, covered in this tender paper, terms & condition mentioned in General Conditions of Contract(GCC)-for Service-2018 applicable to service contract of S.E. Railway shall apply. In case there is any contradiction between special condition and general condition of contract, the special condition of contract shall prevail.