Darbhanga-Sitamarhi (SL)-TRR(P)-25.550 TKM

The tenderer must have minimum average annual contractual turnover of V/N or 'V' whichever is less; where V= Advertised value of the tender in crores of Rupees N= Number of years prescribed for completion of work for which bids have been invited. The average annual contractual turnover shall be calculated as an average of "total contractual payments" in the previous three financial years, as per the audited balance sheet. However, in case balance sheet of the previous year is yet to be prepared/ audited, the audited balance sheet of the fourth previous year shall be considered for calculating average annual contractual turnover. The tenderers shall submit requisite information as per Annexure-VIB, along with copies of Audited Balance Sheets duly certified by the Chartered Accountant/ Certificate from Chartered Accountant duly supported by Audited Balance Sheet.

The Balance Sheet and all other Financial documents attested/certified by the Chartered Accountant (CA) to substantiate fulfilment of Financial Eligibility Criteria should be with UDIN failing which the offer shall be considered as incomplete and will be summarily rejected without any further reference.

As Per Clause No. 10 of IR GCC-2022, For participating in tender,The tenderer must have successfully completed or substantially completed any one of the following categories of work(s) during last 07 (seven) years, ending last day of month previous to the one in which tender is invited:

(A)Three similar works costing not less than the amount equal to 30% of advertised value of the tender, or (B) Two similar works costing not less than the amount equal to 40% of advertised value of the tender, or (C) One similar work costing not less than the amount equal to 60% of advertised value of the tender. (Substantially Completed Work means an ongoing work in which payment equal to or more than 90% of the present contract value (excluding the payment made for adjustment of Price variation (PVC), if any) has been made to the contractor in that ongoing contract and no proceedings of termination of contract on Contractor's default has been initiated. The credential certificate in this regard should have been issued not prior to 60 days of date of invitation of present tender).

Work experience certificate from private individual shall not be considered. However, in addition to work experience certificates issued by any Govt. Organisation, work experience certificate issued by Public listed company having average annual turnover of Rs 500 crore and above in last 3 financial years excluding the current financial year, listed on National Stock Exchange or Bombay Stock Exchange, incorporated/registered atleast 5 years prior to the date of closing of tender, shall also be considered provided the work experience certificate has been issued by a person authorized by the Public listed company to issue such certificates.In case tenderer submits work experience certificate issued by public listed company, the tenderer shall also submit along with work experience certificate, the relevant copy of work order, bill of quantities, bill wise details of payment received duly certified by Chartered Accountant, TDS certificates for all payments received and copy of final/last bill paid by company in support of above work experience certificate.

Defination of Similar Work :- Any P.Way work.

Experience, financial status and ability: Tenderer is required to submit documents detailed here under for evaluation of his credentials.

Employment/Partnership etc. of Retired Railway Employees.:- The tenderer has to give required information regarding association of Retired Railway Employees either as Employee or Partnership etc. in the per-forma as enclosed Annexure-I to this chapter of this tender document as per clause No. 16(a) of IR GCC-2022.

List of works completed & in hand: Tenderer is required to submit, along with his tender, particulars of all works completed by him including works in hand for the Railways or for any other client in the Per-forma enclosed as Annexure-II to this chapter of this tender document. Figures of cost shall not include cost of materials supplied free of cost by the client to the contractor. The tender without this information may be treated as if the tenderer has no works in hand. Supportive documents from the organizations with which the tenderer is workings should be enclosed giving description of work, contract value, date of award, approximate date value of balance work.

List of court cases and arbitration cases: Tenderer is also required to submit, along with his tender, list of arbitration's demanded from any clients during the last five years preceding the date of opening of this tender as per Annexure-III/A to this chapter of this tender document. The tenderer is also required to submit, along with his tender, list of court cases filed against any clients during the last five years preceding the date of opening of this tender as per Annexure-III/B to this chapter of this tender document.

List of plant and machinery: Tenderer has to make his own arrangements for execution of works. The tenderer is required to submit, along with his tender, list of plant and machinery available on hand (own) and proposed to be inducted (own and hired to be given separately) for the subject work in Proforma given in Annexure-IV to this chapter of this tender document. The tender without this information may be treated as if the tenderer has no plant and machinery available on hand (own) and that no plant and machinery are proposed to be inducted for the subject work.

List of personnel and organization: Tenderer is required to submit, along with his tender, list of Personnel and organization available on hand (own) and proposed to be engaged for the subject work in Proforma given in Annexure-V to this chapter of this tender document. The tender without this information may be treated as if the tenderer has no personnel and organization and that no personnel and organization are proposed to be engaged for the subject work.

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.

As per clause no. 14 of GCC-2022, The tenderer shall clearly specify whether the tender is submitted on his own (Proprietary Firm) or on behalf of a Partnership Firm / Company / Joint Venture (JV) / Registered Society / Registered Trust / Hindu Undivided Family (HUF) / Limited Liability Partnership (LLP) etc. The tenderer(s) shall enclose the attested copies of the constitution of their concern, and copy of PAN Card along with their tender. Tender Documents in such cases are to be signed by such persons as may be legally competent to sign them on behalf of the firm, company, association, trust or society, as the case may be. (A)HUF: A copy of notarized affidavit on Stamp Paper declaring that he who is submitting the tender on behalf of HUF is in the position of 'Karta' of Hindu Undivided Family (HUF) and he has the authority, power and consent given by other members to act on behalf of HUF. (B)Partnership Firm: (i)A notarized copy of the Partnership Deed or a copy of the Partnership deed registered with the Registrar. (ii)A notarized or registered copy of Power of Attorney in favour of the individual to tender for the work, sign the agreement etc. and create liability against the firm. (iii)An undertaking by all partners of the partnership firm that they are not blacklisted or debarred by Railways or any other Ministry / Department of the Govt. of India from participation in tenders / contracts as on the date of submission of bids, either in their individual capacity or in any firm/LLP in which they were / are partners/members. Any Concealment / wrong information in regard to above shall make the bid ineligible or the contract shall be determined under Clause 62 of the Standard General Conditions of Contract. (C)Company registered under Companies Act2013: (i)The copies of MOA (Memorandum of Association) / AOA (Articles of Association) of the company (ii)A copy of Certificate of Incorporation (iii)A copy of Authorization/Power of Attorney issued by the Company (backed by the resolution of Board of Directors) in favour of the individual to sign the tender on behalf of the company and create liability against the company. (D)LLP (Limited Liability Partnership): (i)A copy of LLP Agreement (ii)A copy of Certificate of Incorporation (iii)A copy of Power of Attorney/Authorization issued by the LLP in favour of the individual to sign the tender on behalf of the LLP and create liability against the LLP. (iv)An undertaking by all partners of the LLP that they are not blacklisted or debarred by Railways or any other Ministry / Department of the Govt. of India from participation in tenders / contracts as on the date of submission of bids, either in their individual capacity or in any firm/LLP or JV in which they were / are partners/members. Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the Standard General Conditions of Contract. (E)Registered Society & Registered Trust: (i)A copy of Certificate of Registration (ii)A copy of Memorandum of Association of Society/Trust Deed (iii)A copy of Power of Attorney in favour of the individual to sign the tender documents and create liability against the Society/Trust. (iv)A copy of Rules & Regulations of the Society.

Undertaking:- An undertaking regarding not blacklisted or debarred by Railway or any other Ministry/Department of the Govt. of India from participation in tender/contracts on date of opening of bids to be submitted by all partner/member in case of partnership firm/LLP as per clause 14 of GCC 2022. Concealment/wrong information in regard to above shall make the contract liable for determination under Clause 62 of the General Conditions of Contract.

As per clause No. 15 of GCC-2022, The tenderer whether sole proprietor / a company or a partnership firm /registered society / registered trust / HUF / LLP etc if they want to act through agent or individual partner(s), should submit along with the tender, a copy of power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person, specifically authorizing him/them to sign the tender, submit the tender and further to deal with the Tender/ Contract up to the stage of signing the agreement except in case where such specific person is authorized for above purposes through a provision made in the partnership deed / Memorandum of Understanding / Article of Association /Board resolution, failing which tender shall be summarily rejected. A separate power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person, shall be submitted after award of work, specifically authorizing him/them to deal with all other contractual activities subsequent to signing of agreement, if required.

Instructions to Tenders And Conditions of Tender: The following documents form part of the Tender/Contract : -

Tender forms - Undertakings(First Sheet),General instruction (Second sheet),Commercial Compliance

Special conditions/Specifications, Additional conditions of contract (Custom Condition)

Schedule of approximate quantities(Third Sheet)

Indian Railways Standard General Conditions of Contract-April- 2022 and Indian Railway Unified Standard Specifications for (Works and materials) of Engineering Department with up to date correction slips issued on or before the date of opening of present tender which can be seen in the office of Divisional Railway Manager (Engg) Samastipur or obtained from the office of the Principal Chief Engineer. E.C. Railway, Hajipur on payment of prescribed charges or can be downloaded from the Official website of the Indian Railways.

E.C. Railway Engineering department schedule of rates known as Unified Standard Schedule of Rates (Works and materials) and in short written as "USSOR/CPWDDSR in the tender documents with up to date correction slips issued on or before the date of opening of present tender, copies of which can be seen in the office of DRM (Engg)/Samastipur or obtained from the office of the Principal Chief Engineer/ E..C. Railway/Hajipur on payment of prescribed charges.

All general and detail drawing pertaining to this work, which will be issued by the Engineer or his representatives from time to time during the execution of work with all changes and modification.

DRAWING FOR THE WORK:-The drawing for the work can be seen in the office of the DRM (Engg)/Samastipur at any time during the office hour's .The drawings are only for the guidance of Tenderer(s). Detailed working drawings.(If required) based generally on the drawing mentioned above, will be given by the Engineer or his representative from time to time.

The Tenderer(s) shall quote his / their rates as a percentage above or below the Schedule of Rates of East Central Railway as applicable to Samastipur Division except where he/they are required to quote item rates and must tender for all the items shown in the Schedule of approximate quantities attached. The quantities shown in the attached Schedule are given as a guide and are approximate only and are subject to variation according to the needs of the Railway. The Railway does not guarantee work under each item of the Schedule.

Tenders containing erasures and / or alterations of tender documents are liable to be rejected. Any correction made by tender(s) in his/their entries must be attested by him / them.

The works are required to be completed within a period as mentioned in the NIT from the date of issue of acceptance letter.

Bid Security :-

The tender must be accompanied with requisite Bid Security as advertised in the NIT deposited in any of the forms either in cash through e-payment gateway or submitted as Bank Guarantee bond from a scheduled commercial bank of India or Any firm recognized by Department of Industrial Policy and Promotion (DIPP) as 'Startups' shall be exempted from payment of Bid Security. The Bank Guarantee bond shall be as per Annexure-VIA and shall be valid for a period of 90days beyond the bid validity period.

In case, submission of Bid Security in the form of Bank Guarantee, followingshall be ensured:

(i) A scanned copy of the Bank Guarantee shall be uploaded on e-Procurement Portal (IREPS) while applying to the tender.(ii) The original Bank Guarantee should be delivered in person to the official nominated as indicated in the tender document before closing date for submission of bids (i.e.excluding the last date of submission of bids) (Note- Bank Guarantee should be delivered to Tender cell working under Sr. DEN/Coord/ Samastipur)(iii) Non submission of scanned copy of Bank Guarantee with the bid on e-tendering portal (IREPS) and/or non submission of original Bank Guarantee within the specified period shall lead to summary rejection of bid. (iv) The Tender Security shall remain valid for a period of 90 days beyond the validity period for the Tender.(v) The details of the BG, physically submitted should match with the details available in the scanned copy and the data entered during bid submission time, failing which the bid will be rejected.(vi) The Bank Guarantee shall be placed in an envelope, which shall be sealed. The envelope shall clearly bear the identification "Bid for the ***** Project" and shall clearly indicate the name and address of the Bidder. In addition, the Bid Due Date should be indicated on the right hand top corner of the envelope.(vii) The envelope shall be addressed to the officer and address as mentioned in the tender document.(viii) If the envelope is not sealed and marked as instructed above, the Authority assumes no responsibility for the misplacement or premature opening of the contents of the Bid submitted and consequent losses, if any, suffered by the Bidder.

The Tenderer(s) shall keep the offer open for a minimum period of 60 days (90 days in case of Two Packet System) from the date of opening of the Tender. It is understood that the tender documents have been sold/issued to the Tenderer(s) and the Tenderer(s), is / are permitted to tender in consideration of the stipulation on his / their part that after submitting his / their tender subject to the period being extended further, if required by mutual agreement from time to time, he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the Divisional Engineer of Samastipur Division of East Central Railway, Should the tenderer fail to observe or comply with the foregoing stipulation, the amount deposited as Bid Security for the due performance of the above stipulation, shall be forfeited to the Railway.

If tender is accepted,(i)the Bid Security deposited in cash through e-payment gateway will be retained as part security for the due and faithful fulfillment of the contract in terms of Clause 16 of the Standard General Conditions of Contract;(ii)the Bid Security submitted as Bank guarantee bond, will be encashed as part security for the due and faithful fulfillment of the contract in terms of Clause 16 of the Standard General Conditions of Contract.In case Contractor submits the Term Deposit Receipt/Bank Guarantee Bond towards either the Full Security Depositor the Part Security Deposit equal to or more than Bid Security, the Railway shall return the Bid Security so retained as per sub para above, to the Contractor.

Bid Security of the unsuccessful tenderer(s) will, save as here- in-before provided, be returned to the unsuccessful tenderer(s) within a reasonable time, but the Railway shall not be responsible for any loss or depreciation that may happen to the Security for the due performance of the stipulation to keep the offer open for the period specified in the tender documents or to the Bid Security while in their possession nor be liable to pay interest thereon.

Rights Of The Railway To Deal With Tender: The authority for the acceptance of the tender will rest with the Railway. It shall not be obligatory on the said authority to accept the lowest tender or any other tender and no tenderers(s) shall demand any explanation for the cause of rejection of his/their tender nor the Railway to assign reasons for declining to consider or reject any particular tender or tenders.

If the tenderer(s) deliberately gives / give wrong information in his / their tender or creates / create circumstances for the acceptance of his / their tender, the Railway reserves the right to reject such tender at any stage.

If any partner(s) of a partnership firm expires after the submission of its tender or after the acceptance of its tender, the Railway shall deem such tender as cancelled/contract as terminated under clause 61 of the Standard General Conditions of Contract, unless the firm retains its character as per partnership agreement. If a sole proprietor expires after the submission of tender or after the acceptance of tender, the Railway shall deem such tender as cancelled / contract as terminated under clause 61 of the Standard General Conditions of Contract.

Eligibility Criteria :

For the advertised tender value above 50 lakh, The tenderer must have minimum average annual contractual turnover of V/N or 'V' whichever is less; where V= Advertised value of the tender in crores of Rupees N= Number of years prescribed for completion of work for which bids have been invited. The average annual contractual turnover shall be calculated as an average of "total contractual payments" in the previous three financial years, as per the audited balance sheet. However, in case balance sheet of the previous year is yet to be prepared/ audited, the audited balance sheet of the fourth previous year shall be considered for calculating average annual contractual turnover. The tenderers shall submit requisite information as per Annexure-VIB, along with copies of Audited Balance Sheets duly certified by the Chartered Accountant/ Certificate from Chartered Accountant duly supported by Audited Balance Sheet.

Authentic Certificates shall be produced by the tenderer(s) to this effect which may be an attested Certificate from the employer / client, Audited Balance Sheet duly certified by the Chartered Accountant etc.

All documents in support of fulfillment of eligibility criteria with respect to completion of similar nature of work and total contract value should be uploaded along with the tender and should be available at the time of tender opening. Offer not accompanied with documentary evidence in support of eligibility criteria will be summarily rejected. No post tender communication, in any form will be made or entertained with the tenderer in this regard.

No Technical and Financial credentials are required for tenders having advertised value up to Rs 50 lakh.

Tenderer's Credentials: Documents testifying tenderer's previous experience and financial status should be produced along with the tender or when desired by competent authority of the Railway.Tenderer(s) who has / have not carried out any work so far on East Central Railway and / or who is / are not borne on the approved list of the Contractors of East Central Railway 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.

Tender must be submitted online on IREPS web portal for E- Tendering of Indian Railways. Bidders will be able to submit their original/revised bids up to closing date and time only after the start of the bidding.Manual offers are not allowed against this tender, and any such manual offer received shall be ignored.

Execution Of Contract Documents: The successful Tenderer(s) shall be required to execute an agreement with the President of India acting through the Divisional/Sr. Divisional Engineer of Samastipur Division of East Central Railway for carrying out the work according to Standard General Conditions of Contract, Special Conditions / Specifications annexed to the tender and Specification for work and materials of Railway as amended/corrected up to latest Correction Slips.

As per Clause No. 14 of IR GCC-2022, The tenderer shall clearly specify whether the tender is submitted on his own (Proprietary Firm) or on behalf of a Partnership Firm / Company / Joint Venture (JV) / Registered Society / Registered Trust / Hindu Undivided Family (HUF) / Limited Liability Partnership (LLP) etc. The tenderer(s) shall enclose the attested copies of the constitution of their concern, and copy of PAN Card along with their tender. Tender Documents in such cases are to be signed by such persons as may be legally competent to sign them on behalf of the firm, company, association, trust or society, as the case may be.

Sole Proprietorship Firm:- All documents shall be submitted by the tenderer in terms of Para 10 of the IR GCC-2022.

HUF:- Following documents shall be submitted by the tenderer: (i)A copy of notarized affidavit on Stamp Paper declaring that he who is submitting the tender on behalf of HUF is in the position of 'Karta' of Hindu Undivided Family (HUF) and he has the authority, power and consent given by other members to act on behalf of HUF. (ii) All documents shall be submitted by the tenderer in terms of Para 10 of the IR GCC-2022.

Partnership Firm: The tenderer shall clearly specify that the tender is submitted on behalf of a partnership firm. The following documents shall be submitted by the partnership firm, with the tender: (i)A notarizedcopy of partnership deed. (ii)A notarized or registered copy of Power of Attorney in favour of the individual to tender for the work, sign the agreement etc. and create liability against the firm. (iii)An undertaking by all partners of the partnership firm that they are not blacklisted or debarred by Railways or any other Ministry / Department of the Govt. of India from participation in tenders / contracts as on the date of opening of bids, either in their individual capacity or in any firm in which they were / are partners. Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the General Conditions of Contract. (iv) All documents shall be submitted by the tenderer in terms of Para 10 of the IR GCC-2022.

Company registered under Companies Act2013:- Following documents shall be submitted by the tenderer: (i)The copies of MOA (Memorandum of Association) / AOA (Articles of Association) of the company (ii)A copy of Certificate of Incorporation (iii)A copy of Authorization/Power of Attorney issued by the Company (backed by the resolution of Board of Directors) in favour of the individual to sign the tender on behalf of the company and create liability against the company. (iv)All documents shall be submitted by the tenderer in terms of Para 10 of the IR GCC-2022.

LLP (Limited Liability Partnership):- If the tender is submitted on behalf of a LLP registered under LLP Act- 2008, the tenderer shall submit along with the tender: (i)A copy of LLP Agreement (ii)A copy of Certificate of Incorporation (iii)A copy of Power of Attorney/Authorization issued by the LLP in favour of the individual to sign the tender on behalf of the LLP and create liability against the LLP. (iv)An undertaking that the LLP is not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of opening of bids, either in individual capacity or as a member of JV in which the LLP was / is a member. Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the General Conditions of Contract. (v) All documents shall be submitted by the tenderer in terms of Para 10 of the IR GCC-2022.

Registered Society & Registered Trust:- Following documents shall be submitted by the tenderer: (i)A copy of the Certificate of Registration (ii)A copy of Deed of Formation (iii)A copy of Power of Attorney in favour of the individual to sign the tender documents and create liability against the Society/Trust. (iv)A copy of Rules & Regulations of the Society.(v)All other documents in terms of Para 10 of IR GCC-2022

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

As per clause No. 15 of GCC-2022, The tenderer whether sole proprietor / a company or a partnership firm / joint venture (JV) / registered society / registered trust / HUF / LLP etc if they want to act through agent or individual partner(s), should submit along with the tender, a copy of power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person, specifically authorizing him/them to sign the tender, submit the tender and further to deal with the Tender/ Contract up to the stage of signing the agreement except in case where such specific person is authorized for above purposes through a provision made in the partnership deed / Memorandum of Understanding / Article of Association /Board resolution, failing which tender shall be summarily rejected. A separate power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person, shall be submitted after award of work, specifically authorizing him/them to deal with all other contractual activities subsequent to signing of agreement, if required.

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

Employment/Partnership Etc. Of Retired Railway Employees:

Should a tenderer i) be a retired Engineer of the gazetted rank or any other gazetted officer working before his retirement, whether in the executive or administrative capacity or whether holding a pensionable post or not, in the Engineering or any other department of any of the railways owned and administered by the President of India for the time being, OR ii) being partnership firm / joint venture (JV) / registered society / registered trust etc have as one of its partners/members a retired Engineer of the gazetted rank or any other gazetted officer working before his retirement, OR iii) being an incorporated company have any such retired Engineer of the gazetted rank or any other gazetted officer working before his retirement as one of its directors AND in case where such Engineer or officer had not retired from government service at least 1 year prior to the date of submission of the tender THEN the tenderer will give full information as to the date of retirement of such Engineer or gazetted officer from the said service and as to whether permission for taking such contract, or if the Contractor be a partnership firm or an incorporated company, to become a partner or director as the case may be, has been obtained by the tenderer or the Engineer or officer, as the case may be from the President of India or any officer, duly authorized by him in this behalf, shall be clearly stated in writing at the time of submitting the tender.

In case, upon successful award of contract, should a tenderer depute for execution of the works under or to deal matters related with this contract, any retired Engineer of gazette rank or retired gazetted officer working before his retirement in the Engineering or any other department of any of the railways owned and administered by the President of India for the time being, and now in his employment, then the tenderer will ensure that retired Engineer or retired gazetted officer had retired from government service at least 1 year prior to the date of his employment with tenderer and in case he had retired from service within a year then he possesses the requisite permission from the President of India or any officer, duly authorized by him in this behalf, to get associated with the tenderer.

Should a tenderer or Contractor being an individual, have member(s) of his family or in the case of partnership firm/ company / joint venture (JV) / registered society / registered trust etc. one or more of his partner(s)/shareholder(s) or member(s) of the family of partner(s)/shareholder(s) having share of more than 1%in the tendering entity employed in gazetted capacity in the Engineering or any other department of the railway, then the tenderer at the time of submission of tender, will inform the authority inviting tenders the details of such persons. Note: -If information as required as per 16.a), b), c) above has not been furnished, contract is liable to be dealt in accordance with provision of clause 62 of the Standard General Condition of contract.

Clause No. 55-C of GCC-2022:- Contractor is to abide by the provisions of various labour laws in terms of above clause 54, 55, 55-A and 55-B of the Standard General Conditions of Contract. In order to ensure the same, an application has been developed and hosted on website 'www.shramikkalyan.indianrailways.gov.in'. Contractor shall register his firm/company etc. and upload requisite details of labour and their payment in this portal. These details shall be available in public domain. The registration/ updationin Portal shall be done as under:

(a) Contractor shall apply for onetime registration of his company/firm etc. in the Shramikkalyan portal with requisite details subsequent to issue of Letter of Acceptance. Engineer shall approve the contractor's registration in the portal within 7 days of receipt of such request.

(b) Contractor once approved by any Engineer, can create password with login ID (PAN No.) for subsequent use of portal for all Letter of Acceptances (LoAs) issued in his favour.

(c) The contractor once registered on the portal, shall provide details of his Letter of Acceptances (LoAs) / Contract Agreements on shramikkalyan portal within 15 days of issue of any LoA for approval of concerned Engineer. Engineer shall update (if required) and approve the details of LoA filled by contractor within 7 days of receipt of such request.

(d) After approval of LoA by Engineer, contractor shall fill the salient details of contract labours engaged in the contract and ensure updating of each wage payment to them on shramikkalyan portal on monthly basis.

e) It shall be mandatory upon the contractor to ensure correct and prompt uploading of all salient details of engaged contractual labour & payments made thereof after each wage period.

While processing payment of any 'On Account Bill' or 'Final Bill' or release of 'Advances' or 'Performance Guarantee / Security Deposit', contractor shall submit a certificate to the Engineer or Engineer's representatives that "I have uploaded the correct details of contract labours engaged in connection with this contract and payments made to them during the wage period in Railway's Shramikkalyan portal at 'www.shramikkalyan.indianrailways.gov.in' till ____Month, ____Year."

Contractor is to abide to follow the rules related to contract labour as indicated in Clause 54,55, 55-A,55-B & 57 of Indian Railway GCC-2022. In addition to these clauses, the following legislations to be also complied: (a)Contract Labour (Regulation and Abolition) Act (CLRA), 1970.(b)Contract Labour (R & A) Rules, 1971. (c)Minimum wages Act (MWA), 1948 and Minimum Wages Rules (MWR), 1950.(d)Employees' Provident Fund and Miscellaneous Provisions Act (EPF and MPA), 1952 and Employees' Provident Fund Scheme (EPFS), 1952.(e)Employee's State Insurance Act (ESIA), 1948. (f)Employees' Compensation Act (ECA), 1923.

Deployment of qualified Engineers at work site: As per Clause 26A of GCC-2022, The contractor shall also employ qualified graduate Engineer or equivalent or qualified diploma Engineer based on value of contract as indicated below:

In terms of Rly. Bd's letter no. 2012/CE-I/CT/O/20 dated 10.05.2013, (i) Contractor shall also employ following qualified engineers to execution of the allotted work (a)one qualified Graduate Engineer when cost of work to be executed is Rs.200 Lakh and above and (b)One qualified Diploma Holder Engineer when cost of work to executed is more than Rs.25 Lakh, but less than Rs.200 Lakh. (ii)Further, in case the contractor fails to employ the Qualified Engineer, as aforesaid in Para (i) above, Contract, shall be liable to pay an amount of Rs.40,000 and Rs.25,000 for each month or part thereof for the default period for the provisions, as contained in Para (i) (a) and (i) (b) above respectively.

INSPECTION OF SITE:-Before submitting tender, tenderer will be deemed to have satisfied himself, by actual inspection of the site and locality of the work, that all conditions liable to be encountered during execution of the work are taken into account and that the rates, he enters in this tender document, are adequate and all inclusive to accord with the provisions in Caluse-37 of the GCC-2022 for completion of the works to the entire satisfaction of the Railway.

TENDERERS POSTAL ADDRESS

Address of Tenderer:- Address of the tenderer Registered on IREPS portal will be treated as his postal address fully and all communication sent in time to the tenderer by post at the said address shall be deemed to have reached the tenderer duly and in time. Important documents shall be sent by Registered Post.

Change of address: - Tenderer shall keep the Railway informed of changes in the postal address at all times in his own interest.

ELIGIBILITY CRITERIA:Tenderer is also required to submit, along with his tender, all relevant documents/certificates, which makes his eligible for the present tender as per prescribed eligibility criteria advertised in the tender noticed in addition to given in Para 10 of Tender Form (Second sheet)

PERIOD OF VALIDITY OF THE TENDER:Tenderer shall keep his tender open for a minimum period of 60 Days (In case of Two Packet System of tendering 90 days) from the date of opening of this tender. It shall be understood that, after submitting his tender, the tenderer shall not resile from his offer or modify the terms and conditions there of in a manner not acceptable to the Railway within the above period. The Railway may, however, request the tender to extend validity of his tender with aforesaid stipulations enforced.

PERIOD OF COMPLETION OF THE WORK:The entire work covered by this tender is required to be completed in all respects within the period of completion stipulated in Tender Notice and the period shall be reckoned from the date of issue of the letter of acceptance. Tenderer shall submit his tender subject to acceptance of this condition and with undertaking to do so, if the work is awarded to him.

Appropriation of Bid Security towards Security Deposit: If the tender isaccepted, the amount of Bid Security deposited by such tenderer shall beretained as part of security Deposit for the due and faithful fulfillment of thecontract in terms of Clause-16 of GCC-2022. The Bid Securitysubmitted by the Contractor with his tender will be retained/encashed by the Railways as part of security for the due and faithful fulfillment of the contract by the Contractor.

Forfeiture of Bid Security:-

In the event when tenderer, whose tender is accepted, shall refuse to deposit the requisite PG Amount within stipulated period to execute the contract document as herein before provided, the Railway may determine that such tenderer has abandoned the contract and thereupon his tender and acceptance thereof shall be treated as cancelled and the Railway shall be entitled to forfeit full value of his earnest money and to recover damages for such default.

The Tenderer(s) shall keep the offer open for a minimum period of 60 days (90 days in case of Two Packet System) from the date of opening of the Tender. It is understood that the tender documents have been sold/issued to the Tenderer(s) and the Tenderer(s), is / are permitted to tender in consideration of the stipulation on his / their part that after submitting his / their tender subject to the period being extended further, if required by mutual agreement from time to time, he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the Divisional Engineer of Samastipur Division of East Central Railway, Should the tenderer fail to observe or comply with the foregoing stipulation, the amount deposited as Bid Security for the due performance of the above stipulation, shall be forfeited to the Railway.

In the event when tenderer, whose tender is accepted, fails to commence thework within fifteen days after issue of letter of acceptance, provisionscontained in Clause 62 of the GCC-2022 shall be applicable.

Refund of Bid Security:-

The Bid Security of the unsuccessful tenderer (s) will, save as here-inbeforeprovided, be returned to the unsuccessful tenderer (s) within areasonable time but the Railway shall not be responsible to any loss ordepreciation that may happen to the Security for the due performance of thestipulation to keep the offer open for the period specified in the tenderdocuments or to the Bid Security while in their possession nor be liable topay interest thereon

Bid Security deposited by unsuccessful tenderer (s) shall be refundedthrough RTGS/NEFT, directly into the tenderers bank account asmentioned/given by the tenderers in tender document

Tender without Bid Security:- Tender not accompanied with prescribed amount of Bid Security in the form as aforesaid shall be summarily rejected.

PERFORMANCE GUARANTEE

The procedure for obtaining Performance guarantee will be accordance with Para 16(4) of Indian Railways General Conditions of the Contract-2022 with up to date correction slip.

The successful bidder shall submit the Performance Guarantee amounting to 5% of the original Contract Value and additional Performance Guarantee as per clause 16(4)(h). If a tender is accepted on the quoted rates of bidder which is below the 30.1.1 advertised tender value, an additional performance security shall be submitted by the bidder as below: If Quoted rate is Below 0 - 5% (inclusive), No Additional performance Guarantee shall be required. If Quoted rate is Below 5%, an Additional performance Guarantee shall be 5% .

In this connection revised provision of Clause 16(4) (d)of GCC- 2022, The value of PG to be submitted by the Contractor is based on original contract value and shall not change due to subsequent variation(s) in the original contract value.

FALSE AND OR INCOMPLETE STATEMENTS: If tenderer gives wronginformation in his tender or creates circumstances for acceptance of histender at any stage of tender or at any stage of contract in the event of histender having been accepted, his tender or contract shall be liable to becancelled/rescinded in addition to the followings

If such issues come to light at tender stage, the full amount of his earnest money shall be forfeited.

In cases where such issues come to light at contract stage, the rights available to the Railway under clause- 61 of the GCC-2022 shall be applicable

QUOTATIONS OF RATES:-

Quoting rates for all items: - Tenderer shall quote his rates as %percentage/above/ par/below the rate of USSOR/CPWD-DSR except where he isrequired to quote rate for an item. Tender shall submit their offer online onIREPS portal as per instruction contained therein.

Change in quantities and items:- The Railway reserves rights to modify any orall items of the schedules including deletion of any of the item. Therefore,tenderer should quote reasonable and workable rate for each of the item. Thecontractor shall not be entitled for any revision of rates due to suchincrease/decrease in quantities of items and payment shall be made on thebasis of actual quantities executed under various items and at the acceptedrates thereof.

Fluctuation in market rates:- Rates quoted by tenderer and accepted by theRailway shall hold good till completion of the work and are not subject tofluctuation of any kind, save and except what is admissible under the pricevariation clause, if provided for in the tender document and applicable in thecase.

Rates to include all taxes: Rates quoted by tenderer shall be inclusive of alltaxes/royalty/cess charges etc. levied by the Central Government' StateGovernment, Municipal Corporations, Local bodies or any other authorizedbodies applicable up to the closing date of the tender and these taxes as arelegally leviable shall be recovered from the billed amount.

Rates in Indian Rupee: Rates should be quoted in Indian Rupee only.

REBATE

If any tenderer wishes to give any rebate on the rates quoted by him / them, the same can be filled by him/ them in the prescribed Schedule of IREPS portal

It is to be noted that such rebate if offered, shall apply on the rates quoted forall the items in all other Schedules of the Tender documents. Such a rebate shall be totally unconditional.

In case a Tenderer does not wish to give any rebates, he / they should write "Nil" in this Schedule. In case nothing has been filled in by the tenderer in this Schedule, it will be treated as "Nil" and shall be no recorded in the blanks above at the time of opening of the tender by the officials opening of the tender.

If any tenderer gives any type of conditional rebate, such rebate shall not be considered for evaluation of the tender.

CONDITIONS BY TENDERER

Tenderer is normally not expected to quote any special condition or stipulation of his own rather is expected to submit his tender in accordance with the conditions and stipulations contained in this tender document. However, if the tenderer wishes to quote any special condition and or stipulation or wishes to intimate the Railway of any matter of importance, he may do so through the covering letter of his tender. Such stipulations and conditions shall be part of the contract agreement in case of acceptance of his tender only to the extent explicitly accepted by the Railway. The Railway, however, reserves rights not to accept any such special condition and stipulation made by the tenderer and may reject such tender as unacceptable without any reference to the tenderer, may ask the tenderer to withdraw any or all such stipulations before accepting his tender and, in the event of his refusal to do so, may not accept his tender.

In cases where tenderer makes special conditions and or stipulations, he shall also indicate, along with such conditions and stipulations, the cost of withdrawal of the same. The Railway reserves the rights either to accept such conditions and stipulations made by such tenderer or to accept the cost thereof at its sole discretion. If such cost is not indicated, it will be construedthat the tenderer is not in a position to withdraw these conditions at any cost and his tender may be adjudged accordingly without any reference to the tenderer.

CONDITION REGARDING DISASTER MANAGEMENT- In case of any accident or major disruption to the Railway traffic the available machinery and vehicle of the contractor available at the site can be used by the Railways. It will be liability on the contractor available at the site can be used by the Railways. It will be liability on the contractor to make available these vehicles/machinery to the Railway administration as early as possible. The rate for utilization of the above vehicles will be negotiated by the contractor with Railway Administration based on the requirement of site, distance of the accident from the work site and the duration for which the vehicle is required to be used. In no case, contractor will refuse the use of their vehicle/machinery for the Railway in sue of accident/natural calumniates.

MAINTENANCE OF THE WORK- The work shall be maintained for a period of One year unless otherwise specified in accordance with instruction given in Clause 47 of Indian Railways Standard General Condition of contract-2022 beyond the date of completion as given in the certificate issued in accordance with Clause-48(1) & (2) of Indian Railways Standard General Condition of contract-2022.

SUBMISSION OF TENDER:- Tender duly filled in and complete in all respect will be submitted online On IREPS web portal of Indian Railways after the start of the bidding date as advertised in the tender notice. All supporting credentials & other documents should be uploaded on IREPS web portal on and before the date and time specified for closing the tender after the start of bidding time as specified in Tender Notice.

OPENING OF TENDER: Tenders shall be opened on IREPS portal at the date and time mentioned in NIT. However, such date and time of opening may be postponed at the sole discretion of the Railway, if circumstances so warrant.

Clarification of Bids: To assist in the examination, evaluation & comparison and pre-qualification of the Tender, the Railway may, at its discretion, ask any Bidder for a clarification of its Bid. Any clarification submitted by a Bidder that is not in response to a request by the Railway shallnot be entertained or considered. The Railway request for clarification and the response of the bidder in this regard shall be in writing. However, if a Bidder does not provide clarification of its bid by the date and time communicated in the Railway request for clarification, the bid shall be evaluated as per the documents submitted along with the bid.

NEGOTIATION

The Railway reserves the rights to enter into negotiations with one, more or alltenderers, at its sole discretion, before acceptance of any particular tender in order to clarify special conditions for reduction of rates and/or for changes in scope of the work etc.

Should such a negotiations with a tenderer be entered into, the tenderer shallnot be permitted to increase the quoted rates under any circumstances, evenif it includes withdrawal and/or modification of such special conditions as aregiven by the tenderer along with his original tender

ACCEPTANCE OF TENDER

The authority for acceptance of this tender will rest with the Railway. It shall not be obligatory on the said authority to accept the lowest or any other tender. The Railway reserves the right to cancel the tender, accept a tender in whole or in part or reject any tender or all tenders. No tenderer shall demand any explanation for such cause of rejection of his tender nor does t h e Railway undertake to assign reasons for declining to consider or reject any particular tender

The Railway reserves the rights to split the work without any reference to tenderer and may divide this tender to more than one tenderer, if deemed necessary

LETTER OF ACCEPTANCE

As soon as "e-LOA" (Letter of Acceptance) shall be published on "IREPS" portal, the same to be communicated itself to successful tenderer also on "IREPS" portal. The letter of acceptance shall remain operative till a formal contract agreement is executed and signed between the contractor and the Railway after which the said letter of acceptance shall merge into the aforesaid formal agreement.

The Railway shall not intimate result of this tender to such tenderer whose tender would not be accepted. However, the Railway will refund the earnest money to such tenderer as early as possible, where such a refund is required to be made as detailed here in above.

CONDITIONS REGARDING PLYING VEHICLES: The contractor shall notallow any road vehicle belonging to him or his suppliers etc. to ply in Railwayland next to the running line. If for execution on of certain works viz.Earthwork for parallel Railway line and supply of ballast for new or existing railline gauge conversion etc. road vehicles are necessary to be used in railwayland next to the railway lines, the contractor shall apply to the Engineer- inchargefor permission giving the type and no. of individual vehicles, name and license particulars of the drivers, location, duration & timings for such work/movement. The Engineer in charge or his authorized representative will personally counsel, examine and certify, the road vehicles drivers, contractor's flagmen & supervisor and will give written permission giving names of road vehicle drivers, contractor's flagman and supervisor to be deployed on the work, location, period and timing of the work. This permission will be subject to the following obligatory conditions-

The road vehicles will ply only between sunrise & sunset

Nominated vehicles and drivers will be utilized for work in the presence of at least one flagman and one Supervisor certified for such work.

The vehicles shall ply 6m. Clear of track any movement/work at less than 6mand up to minimum 3.5m. Clear of track centre, shall be done only in thepresence of experienced Trackman who shall be deputed by Railway asFlagman duly authorized by the Engineer in charge at the cost of thecontractor to ensure the safety of track. No part of the road vehicle will beallowed at less than 3.5 m. from track centre. Cost of such railway employeesshall be borne by the Railway and the expenses towards their wages shall berecovered from the dues of the contractor.

The Contractor shall remain fully responsible for ensuring safety and in caseof any accident, shall road cost of all damages to the equipment & man andalso damages to railway and it's passengers.

Engineer in charge may impose any other condition necessary for a particular work or site.

PREVENTION OF ACCIDENTS

The contractor shall be responsible for the safety his workmen and shallprovide them with necessary standard wear and apparel consistent with thenature of work being executed by his workmen.

The contractor shall ensure safety of his workmen by posting necessaryflagmen, whose job will be to caution the workmen of approaching trains,when his workmen work on or near running railway line. Similar action wouldbe taken, while working on or near road in use.

The Contractor shall protect the site of the work, excavated areas etc byadequate fencing and or other suitable means to prevent accidents to his ownworkmen, the railway men or any member of the public

Should any accident take place, total cost of damage including the cost oftreatment, loss and or compensation to all affected person/organization andthe Railway shall be payable by the contractor. In case the Railway, under anycircumstances or law of the country, pays such damage, the same shall befully recovered from the contractor's dues

SECURITY DEPOSIT: The Bid Security deposited by the Contractor withhis tender will be retained by the Railways as part of security for the due and faithful fulfillment of the contract by the contractor. The mode of deduction and refund of Security deposit will be as prescribed in Clause-16(1), (2) & (3) of Indian Railways Standard General Condition of Contract-2022

DEDUCTION OF INCOME TAX AT SOURCE- In pursuance of the Finance Act1972 introducing section 194 C in the Income Tax Act, 1961 providing deduction of Income Tax at source from income comprised in payment made to the contractor for carrying out any work or supply of labour for carrying out any work, the E. C. Railway Administration shall be entitled to deduct 2% (two percent) of gross payment of any sum paid after 31st May, 1972 to the contractor as Income Tax excluding the surcharge on Income Tax, which shall also be deducted as applicable as per extent rules and regulations.

Deduction of Building and other Construction workers cess- The tenderer forcarrying out any construction work must get registered from the RegisteringOfficer under Section - 7 of the Building and other Construction workers Act,1996 and rules made thereto by the concerned State Govt. and submitcertificate of Registration issued from the Registering Officer of concernedstate Govt.(Labour deptt.). The cess shall be deducted from the contractor'sbill as per provision in Clause-55- D of Indian Railways Standard GeneralCondition of Contract- 2022.

VARIATION IN EXTENT OF CONTRACT- Variation in scope of the work willbe governed by Clause-41, 42(1), (2) & (3) of Indian Railways Standard General Condition of Contract-2022.

SPECIFICATIONS OF WORK AND MATERIALS

Entire work shall be carried out in accordance with the specification containedin Indian Railway's Unified Standard Specifications (Works and Materials)IRUSS- 2021 with upto date correction slip.

Any specifications, not covered by this tender document, shall be inaccordance with relevant IRS codes, BIS codes and or IRC codes read in theorder as they appear here.

Materials to be supplied by the contractor for the work shall conform tospecifications contained in this tender document. If called upon, the contractorshall state the actual source of supply of materials to be supplied by him andshall submit samples for prior approval. During execution of the work, allmaterials brought to the site by the contractor must be offered for inspectionand passing by the ADEN concerned of the section before being used in thework and such approval shall be recorded in a register maintained for thepurpose.

Guideline for procurement of Steel Items in Railway Project/ Contracts

All reinforcement Steel (TMT Bars) and structural Steel shall be procured asper specifications mentioned in BIS's documents- IS: 1786 and IS: 2062respectively. Independent tests shall be conducted, wherever required, toensure that the materials procured conform to the specifications.

These steel shall be procured only from those firm, which are Established,Reliable, indigenous and Primary Producers of Steel, having integrated steelplants (ISP), using iron are as the basic raw material and having in-house ironrolling facilities, followed by production of liquid steel and crude steel, as perMinistry of Steel guidelines.

Samples of materials to be supplied by the contractor may be got tested atthe contractor's cost in any recognized laboratory at the sole discretion of theEngineer. All test result shall be binding to contractor.

SUPPLY OF RAILWAY MATERIALS

Unless otherwise stated all the materials required for the execution of thework are supplied by the contractor and all rates are inclusive of cost ofmaterials also except Cement and Re-enforcement Steel which will be paidseparately upon their use in the work shall be paid for at the rates quoted bythe tenderer and accepted by the competent authority.

Quantity of cement, which shall be paid for shall be calculated in accordancewith the methods outlined in USSOR/CPWD-DSR, relevant BIS codes etc or byactual site measurement, as in case of controlled concrete or pile foundationetc., and in the same order as here.

Quantities of both structural and reinforcement steel, which shall be paid forshall be calculated on the basis of actual consumption in respective items ofthe work.

Materials, supplied by the Railway if any shall be supplied at the storegodowns of the JE/SE under whom the work will be executed and thecontractor shall carry the materials from there to the site of the work by roador by loading into wagons at his own cost as per direction of the Engineer-atsite.

Materials, to be supplied by the contractor, shall be delivered at the site ofconsumption and the Railway shall make no payment towards handling,transport, storage and safe custody of the same.

While transporting and storing materials supplied by the Railway, theContractor shall guard against any deterioration, damage or loss due to anycause whatsoever (i.e. cement becoming set due to moisture, steel gettingrusted etc.) and the contractor shall make necessary precautionaryarrangement for this at his own risk and cost. Cost of materials damaged bythe contractor shall be recovered as detailed in the Para below.

In case of supply of cement by the Railway in Jute/Polythene bags, the emptybags, if required by the railway, shall be retained by the contractor fordisposal, preferably to the authorized bag collecting agents, and a sum ofRs.3/- (Rupees three only) per bag shall be recovered from the contractor'sbills towards empty bags.

Quantity of materials, supplied by the Railway to the contractor, shall beregulated by the Railway commensurate with progress of the work and shallbe issued only on written demand from the contractor from time to time.

All materials issued in excess of requirement by the Railway to the contractor shall be returned by the contractor in good conditions free of cost at the store godown of the stockholder from where they were issued. In case of reinforcing and or structural steel, cut pieces to the extent of maximum of 2%(Two percent) of actual consumption shall be returned without attracting anydeduction. For any excess over this quantity, deduction at the rate worked out would be effected.

If the contractor fails to return excess materials issued to him, cost of suchexcess materials shall be recovered, for the quantity of each of such materialsnot returned, at the rates 1.5 times the prevailing procurement rates at thetime of last issue 51.10 of each of such materials plus 5% (five percent) for freightand 2% (two percent) towards incidental charges. The rates thus arrived atshall by increased by 12.5% for supervision charges as per extant rules.

While transporting materials, whether supplied by the Railway or by thecontractor, the contractor shall be fully responsible and answerable for anydislocation or damage caused by his to rail traffic or to roads and for anyaccidents which may occur en- route and shall make good the same at hisown risk and cost. It 51.11 is deemed that the contractor has fully indemnified theRailway against any claims made by any party for such dislocation, damageor accident. In the event of the contractor failing to make good such loss, theRailway shall do so, at the contractor's cost, at its sole discretion.

Railway may provide water for execution of work, for which water charges willbe deducted from bills as per prevailing rules. If water is not supplied byRailway, the contractor should make own arrangement of supply of waterrequired for execution of 51.12 work and no extra payment will be made by Railwayon this account. In this regard a certificate for use of water, supplied byrailway or by contractor own sources, may be given by the site Engineer ofthe work.

Contractor may be permitted to erect temporary store during currency of thecontract free of charge for this, the contractor 51.13 should apply to the Engineerinchargeand specific approval of DEN/Sr.DEN should be taken. The Contractormust remove the temporary store after the agreed date of completion of work.

RESPONSIBILITY FOR DAMAGE TO CONTRACTOR'S MATERIALS

The Railway administration shall not be responsible for any loss or damage tothe contractor's materials, equipment's, tools and plants due to fire, flood orany other cause whatsoever.

The materials issued by the Railway to the contractor for use in the work shallbe treated as contractor's materials for this purpose and the contractor shallmake good the materials in the event of any loss or damage thereto.

Part of the work finished but not taken over by the Railway shall be treated ascontractors materials for the purpose and the contractor shall be responsiblefor making good any loss or damage thereto.

Quality Assurance and Reduced Payment:

The contractor shall supply all materials and execute all works according to the specifications and drawings pertaining to the work, both in respect of structural strength and finish, in addition to complying with provision of GCC-2022.

Mixing of cement for concrete, mortar etc. shall be done by Mechanical Mixerand concrete should be vibrated by vibrator of appropriate design. All chargesfor working of machine viz. fuels, drivers, repairs, etc. will have to be borne bythe contractor. No extra payment will be made on this account.

In case a contractor executes a work, which is below the specified structuralstrength, the work shall be dismantled and re-executed at contractor's cost atthe sole discretion of the Engineer at site

In case a contractor executes a work which is structurally up to specifications,but sub-standard in finish, the same may be approved and accepted by theRailway in cases where finish is not so important, at Railways sole discretion,provided that where such a work is accepted, the payment for such work shallbe made as decided by competent Railway authority

TERMINATION OF CONTRACT AFTER EXPIRY OF DATE OFCOMPLETION- Railway reserve the rights to terminate the contract even afterexpiry of date of completion where contractor is not willing to extend validity ofdate of completion as per Railway Boards letter No.99/CE-I/CT/28 (PT) NewDelhi, dated 17-05- 2004.

PRICE VARIATION CLAUSE (PVC):-As per Acs-1 of IRGCC-2022 & Clause-46A.1, Price Variation Clause (PVC) shall be applicable only in tender having advertised value above Rs. 2 Crores. Provided further that, in a contract where PVC is applicable, following shall be outside the purview of price adjustments (i.e. shall be excluded from the gross value of the work for the purpose of price variation)a)Materials supplied by Railway to the Contractors, either free or at fixed rate;b)Any extra item(s) included in subsequent variation falling outside the purview of the Bill(s) of Quantities of tender, under clause 39. (1)(b) of these Standard General Conditions, unless applicability of PVC and 'Base Month' has been specially agreed, while fixing the rates of such extra item(s).

The joint venture firm shall be required to submit Bid Security Depositalong with the tender in terms of the provisions contained in Para5(Bid Security) of Part 01 of GCC-2022 read with Para No. 17 of GCC-2022 along with upto date ACS.

Clause 59(9) of GCC-2022, Restrictions on the Employment of Retired Engineers of Railway Services Within One Year of their Retirement: The Contractor shall not, if he is a retired Government Engineer of Gazetted rank, himself engage in or employ or associate a retired Government Engineer of Gazetted rank, who has not completed one year from the date of retirement, in connection with this contract in any manner whatsoever without obtaining prior permission of the President and if the Contractor is found to have contravened this provision it will constitute a breach of contract and administration will be entitled to terminate the contract and forfeit his Performance Guarantee as well as Security Deposit.

Demand for Arbitration:-

64. (1) (i) In the event of any dispute ordifference between the parties hereto as to the construction or operation ofthis contract, or the respective rights and liabilities of the parties on any matterin question, dispute or difference on ay account or as to the withholding by theRailway of any certificate to which the contractor may claim to be entitled to,or if the Railway fails to make a decision within 120 days then and in any suchcase, but except in ay of the "excepted matters" referred to in Clause 63 ofthese Conditions, the contractor, after 120 days but within 180 days of hispresenting his final claim on disputed matters shall demand in writing that thedispute or difference be referred to arbitration.

64. (1) (ii) (a) The demand for arbitration shall specify the matters which arein question, or subject of the dispute or difference as also the amount of claimitemwise. Only such dispute or difference, in respect of which the demandhas been made, together with counter claims or set off, given by the Railway,shall be referred to arbitration and other matters shall not be included in the reference.

64.(1)(ii)(b) The parties may waive off the applicability of sub- section 12(5) ofarbitration and Conciliation (Amendment) Act 2015 if they agree for suchwaiver in writing after dispute having arisen between them in the format given under Annexure XV of these conditions

64.(1)(iii)(a)- The Arbitration proceedings shall be assumed to havecommenced form the day, a written and valid demand for arbitration isreceived by the Railway.

64. (1) (iii) (b) The claimant shall submit his claim stating the facts supportingthe claims along with all the relevant documents and the relief or remedysought against each claim within a period of 30 days from the date ofappointment of the Arbitral Tribunal.

64. (1) (iii) (c) The Railway shall submit its defence statement and counterclaim(s), If any, within a period of 60 days of receipt of copy of claims formTribunal thereafter, unless otherwise extension has been granted by tribunal.

64. (1) (iii) (d) Place of Arbitration: The place of arbitration would be within thegeographical limits of the Division of the Railway where the cause of actionarose or the Headquarters of the concerned Railway or any other place withthe written consent of both the parties.

64. (1) (iv) No new claim shall be added during proceedings by either party.However, a party may amend or supplement the original claim or defencethereof during the course of arbitration proceedings subject to acceptance by tribunal having due regard to the delay in making it.

64. (1) (v) If the contractor(s) does/do not prefer his/their specific and finalclaims in writing, within a period of 90 days of receiving the intimation from theRailways that the final bill is ready for payment, he/they will be deemed tohave waived his/their claim(s) and the Railway shall be discharged and released of all liabilities under the contract in respect of these claims.

64.(2) Obligation During Pendency Of Arbitration : Work under the contractshall, unless otherwise directed by the Engineer, continue during thearbitration proceedings, and no payment 58.10 due or payable by the Railway shallbe withheld on account of such proceedings, provided, however, it shall beopen for Arbitral Tribunal to consider and decide whether or not such workshould continue during arbitration proceedings.

64. (3) Appointment of Arbitrator: 64.(3) (a) : Appointment of 58.11 Arbitrator where applicability of section 12 (5) of arbitration and Conciliation Act has been waved off :

64.(3)(a)(i): In cases where the total value of all claims in question added together does not exceed 1,00,00,000/- (Rupees One Crore), the Arbitral Tribunal shall consist of a Sole Arbitrator who shall be a Gazetted Officer of Railway not below Junior Administrative Grade, nominated by the General Manager. The sole arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by General Manager. 64.(3)(a)(ii): In cases not covered by the Clause 64(3)(a)(i), the Arbitral Tribunal shall consist of a panel of three Gazetted Railway Officers not below Junior Administrative Grade or 2 Railway Gazetted Officers not below Junior Administrative Grade and a retired Railway Officer, retired not below the rank of Senior Administrative Grade Officer, as the arbitrators. For this purpose, the Railway will send a panel of at least four (4) names of Gazetted Railway Officers of one or more departments of the Railway which may also include the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitrator to the Contractor within 60 days from the day when a written and valid demand for arbitration is received by the 58.12 General Manager. Contractor will be asked to suggest to General Manager at least 2 names out of the panel for appointment as Contractor's nominee within 30 days from the date of dispatch of the request by Railway. The General Manager shall appoint at least one out of them as the Contractor's nominee and will, also simultaneously appoint the balance number of arbitrators either from the panel or from outside the panel, duly indicating the 'presiding arbitrator' from amongst the 3 arbitrators so appointed. General Manager shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of Contractor's nominees. While nominating the arbitrators, it will be necessary to ensure that one of them is from the Accounts Department. An officer of Selection Grade of the Accounts Department shall be considered of equal status to the officers in Senior Administrative Grade of other departments of the Railway for the purpose of appointment of arbitrator. 64.3.(a).iii: The serving railway officer working in arbitral tribunal in the ongoing arbitration cases as per clause 64. (3)(a)(i) and clause 64.(3)(a)(ii) above, can continue as arbitrator in the tribunal even after his retirement.

64.(3)(b): Appointment of Arbitrator where applicability of Section 12 (5) of Arbitration and Conciliation Act has not been waived off: (i) In cases where the total value of all claims in question added together does not exceed 50,00,000/- (Rupees Fifty Lakh), the Arbitral Tribunal shall consist of a Retired Railway Officer, retired not below the rank of Senior Administrative Grade Officer, as the arbitrator. For this purpose, the Railway will send a panel of at least four (4) names of retired Railway Officer(s) empanelled to work as Railway Arbitrator duly indicating their retirement dates to the Contractor within 60 days from the day when a written and valid demand for arbitration is received by the General Manager. Contractor will be asked to suggest to General Manager at least 2 names out of the panel for appointment as arbitrator within 30 days from the date of dispatch of the request by Railway. The General Manager shall appoint at least one out of them as the arbitrator within 30 days from the receipt of the names of Contractor's nominees. (ii) In cases where the total value of all claims in question added together exceed 50,00,000/- (Rupees 58.13 Fifty Lakh), the Arbitral Tribunal shall consist of a Panel of three (3) retired Railway Officer, retired not below the rank of Senior Administrative Grade Officer, as the arbitrators. For this purpose, the Railway will send a panel of at least four (4) names of retired Railway Officer(s) empanelled to work as Railway Arbitrator duly indicating their retirement date to the Contractor within 60 days from the day when a written and valid demand for arbitration is received by the General Manager. Contractor will be asked to suggest to General Manager at least 2 names out of the panel for appointment as Contractor's nominee within 30 days from the date of dispatch of the request by Railway. The General Manager shall appoint at least one out of them as the Contractor's nominee and will, also simultaneously appoint the balance number of arbitrators either from the panel or from outside the panel, duly indicating the 'Presiding Arbitrator' from amongst the 3 arbitrators so appointed. General Manager shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of Contractor's nominees. While nominating the arbitrators, it will be necessary to ensure that one of them has served in the Accounts Department.

64.(3)(c)(i): If one or more of the arbitrators appointed as above refuses to act as arbitrator, withdraws from his office as arbitrator, or vacates his/their office/offices or is/are unable or unwilling to perform his functions as arbitrator for any reason whatsoever or dies or in the opinion of the General Manager 58.14 fails to act without undue delay, the General Manager shall appoint new arbitrator/arbitrators to act in his/their place in the same manner in which the earlier arbitrator/arbitrators had been appointed. Such re-constituted Tribunal may, at its discretion, proceed with the reference from the stage at which it was left by the previous arbitrator (s).

64.(3) (c) (ii): (a) The Arbitral Tribunal shall have power to call for such evidence by way of affidavits or otherwise as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties hereto to do or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award without any delay. The proceedings shall normally be conducted on the basis of documents and written statements. (b) Before proceeding into the merits of any dispute, the Arbitral Tribunal shall first decide and pass its orders over any plea 58.15 submitted/objections raised by any party, if any, regarding appointment of Arbitral Tribunal, validity of arbitration agreement, jurisdiction and scope of the Tribunal to deal with the dispute (s) submitted to arbitration, applicability of time 'limitation' to any dispute, any violation of agreed procedure regarding conduct of the arbitral proceedings or plea for interim measures of protection and record its orders in day to day proceedings. A copy of the proceedings duly signed by all the members of tribunal should be provided to both the parties.

64.3(c)(iii): (i) Qualification of Arbitrator (s): (a) Serving Gazetted Railway Officers of not below JA Grade level. (b) Retired Railway Officers not below SA Grade level, one year after his date of retirement. (c) Age of arbitrator at the time of appointment shall be below 70 years. (ii) An arbitrator may be appointed notwithstanding the total number of arbitration cases in which he has been appointed in the past. (iii)While appointing arbitrator(s) under Sub-Clause 64.(3)(a)(i), 64.(3)(a)(ii), 64.(3)(b) (i) & 64.(3)(b)(ii) above, due care shall be taken that he/they is/are not the one/those who had an opportunity to deal with the 58.16 matters to which the contract relates or who in the course of his/their duties as Railway servant(s) expressed views on all or any of the matters under dispute or differences. A certification to this effect as per annexure- XVI shall be taken from Arbitrators also. The proceedings of the Arbitral tribunal or the award made by such Tribunal will, however, not be invalid merely for the reason that one or more arbitrator had, in the course of his service, opportunity to deal with the matters to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute.

64.(3)(d)(i): The arbitral award shall state item wise, the sum and reasons upon which it is based. The analysis and reasons 58.17 shall be detailed enough so that the award could be inferred there from.

64.(3)(d)(ii): A party may apply for corrections of any computational errors, any typographical or clerical errors or any 58.18 other error of similar nature occurring in the award of a Tribunal and interpretation of a specific point of award to Tribunal within 60 days of receipt of the award.

64.(3)(d)(iii): A party may apply to Tribunal within 60 days of receipt of award to make an additional award as to claims 58.19 presented in the arbitral proceedings but omitted from the arbitral award.

64.(4): In case of the Tribunal, comprising of three members, any ruling on award shall be made by a majority of members of 58.20 Tribunal. In the absence of such a majority, the views of the Presiding Arbitrator shall prevail.

64.(5): Where the arbitral award is for the payment of money, 58.21 no interest shall be payable on whole or any part of the money for any period till the date on which the award is made.

64. (6): The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia include fee of the arbitrator(s), as per the rates fixed by Railway Board from time to time and the fee shall be borne equally by both the parties, provided parties sign an agreement in the format given at Annexure XV to these conditions after/ while referring these disputes to 58.22 Arbitration. Further, the fee payable to the arbitrator(s) would be governed by the instructions issued on the subject by Railway Board from time to time irrespective of the fact whether the arbitrator(s) is/are appointed by the Railway Administration or by the court of law unless specifically directed by Hon'ble court otherwise on the matter.

64.(7) Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996 and the rules thereunder and relevant 58.23 para of the Standard General Conditions of Contract and any statutory modifications thereof shall apply to the appointment of arbitrators and arbitration proceedings under this Clause.

64.(8) In case arbitration award is challenged by a party in the Court of Law, 75% of award amount, pending adjudication by Court of Law, shall be made by party to other party. In case payment is to be made by Railway to Contractor, the terms & conditions as incorporated in the Ministry of Railways letter No. 58.24 2016/CE(I)/CT/ARB/3(NITI Aayog)/Pt. dated 08th Mar,2017 as amended from time to time, shall be followed. In case Contractor has to pay to the Railway, then 75% of the award amount shall be deducted by the Railway from the Contractor's bills, Performance Guarantee/ Security Deposit or any other dues of Contractor with the Government of India.

Care In submission of Tenders:-

(a)(i)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 enters in the tender forms are adequate and all inclusive to accord with the provisions in Clause-37 of the Standard General Conditions of Contract-2022 for the completion of works to the entire satisfaction of the Engineer. However, if rates of existing GST or cess on GST for Works Contract is increased or any new tax /cess on Works Contract is imposed by Statute after the date of opening of tender but within the original date of completion/date of completion extended under clause 17 & 17A and the Contractor thereupon properly pays such taxes/cess, the Contractor shall be reimbursed the amount so paid. Further, if rates of existing GST or cess on GST for Works Contract is decreased or any tax/cess on Works Contract is decreased / removed by Statute after the date of opening of tender, the reduction in tax amount shall be recovered from Contractor's bills/Security Deposit or any other dues of Contractor with the Government of India.

(a)(ii) Tenderers will examine the various provisions of The Central Goods and Services Tax Act, 2017(CGST)/ Integrated Goods and Services Tax Act, 2017(IGST)/ Union Territory Goods and Services Tax Act, 2017(UTGST)/ respective state's State Goods and Services Tax Act (SGST) also, as notified by Central/State Govt.& as amended from time to time and applicable taxes before bidding. Tenderers will ensure that full benefit of Input Tax Credit (ITC) likely to be availed by them is duly considered while quoting rates.

(a)(iii) The successful tenderer who is liable to be registered under CGST/IGST/UTGST/SGST Act shall submit GSTIN along with other details required under CGST/IGST/UTGST/SGST Act to railway immediately after the award of contract, without which no payment shall be released to the Contractor. The Contractor shall be responsible for deposition of applicable GST to the concerned authority.

(a)(iv) 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.

(a) (v) Contractor shall be liable to pay/refund the amount collected as GST to the Indian Railways along with interest and penalties, if any imposed by the authorities, in case GST input tax credit of Indian Railways is denied/rejected by the tax authorities due to reasons mentioned below but not limited to: Wrong/incorrect invoice s is sued by Contractor ; Nofiling of GST returns; Non-payment of GST collected from Indian Railways to the authorities; Any other noncompliance done by Contractor; General Indemnity: Contractor hereby agrees to indemnify and hold harmless the Indian Railways from and against any and all losses, including loss on account of Input Tax Credit and all losses incurred by the Indian Railways relating to or arising out of or in connection with any actual or threatened claim, legal action, proceedings, prosecution or inquiry by or against the Indian Railways arising out, directly or indirectly, of failure by the contractor to comply with the provisions of GST and related laws, or based upon or arising from any failure by the Contractor. Retention Money: Any payment liable to be paid by Indian Railways to contractor against the goods or services or both supplied by such contractor to Indian Railways shall be kept on hold in case supplier makes any noncompliance of any of the GST law provisions including non-reporting of invoices in GST returns. Such payment shall be released after proper verification of records and availability of ITC to Indian Railways as per provisions of GST Law. (As per ACS-6 of IRGCC- 22)

(b)When work is tendered for by a firm or company, the tender shall be signed by the individual legally authorized to enter into commitments on their behalf. (c)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.

There will be binding to follow IRGCC-2022 with update correction unless specifically not mentioned/indicated.