Electrical work for Provision of inverter with Battery backup and associated work for 42 no. Engg LC Gates & 16 nos. 2KVA Inverter for mid section LC Gates of Adra Division.

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 tumover 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-VI-B, along with copies of Audited Balance Sheets duly certified by the Chartered Accountant/ Certificate from Chartered Accountant duly supported by Audited Balance Sheet

Must have valid Electrical Contractor License along with valid Electrical Supervisory License/Certificate issued from Central Govt./any State Govt. for the working voltage related to the work valid throughout the contract period. Electrical Supervisory License/Certificate should have type of certificate:- related to this work like Underground cable etc.Name of the supervisor should be endorsed in Electrical contractor License. If the firm deploys supervisor other than endorsed in the contractor license, valid employment documents must be uploaded.

Definition of Similar Nature of work:- Supply, installation, testing and commissioning of HT panels/LT panels, cable laying, wiring/rewiring of any building/office in central govt. or state govt. or public sector undertakings (also called public sector enterprise).

Terms of payments:- Supply portion = On account payment for supply of the materials will be made to the extent of 80% of the total unit price of such materials as included in the schedule on receipt/acceptance of the materials in good condition at site and on production of necessary certificates which constitute Supplier's Challan, Inspection Certificate, Warranty/Guarantee Certificate. Necessary deductions from the billed amount shall be made as mentioned below.Erection Portion = On account payment for erection portion to the extent of 100% of the total unit price of the item as included in the scheduled shall be made on satisfactory completion of the work duly certified by the authorized representative of Railway and as recorded in the measurement book with necessary deductions as mentioned below.Final payment: Final payment for the balance 20% of the work for supply portion as included in the schedule shall be paid for satisfactory completion of the work as per the schedule necessary deductions as mentioned below. This will be certified by authorized Railway authority. Necessary deduction towards Security Deposit amount as indicated above will be made from the billed amount. (Conservancy Cess, Educational Cess, Income Tax, Surcharge on Income Tax, Sales tax and other charges) and GST( as per norms) as leivable as per the General Condition of the Contract will be deducted from the bills.

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 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 him till the release of security deposit or settlement of claims, whichever is later, if as a result of such examination any over-payment to him is discovered to have been made in respect of any works done or alleged to have been done by him under the contract.Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

MEASUREMENT- Payment for the work shall be made in accordance with the specifications approved designs and drawings and measured in relevant units. The measurement will be made generally in accordance with the Tender schedule in conformity with the explanatory note of the tender schedule, specification and standard engineering practices.Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

Tenderers are required to upload copy of Permanent Account Number, GST registration & Mandate

Tenderes are required to upload ESI & EPF registration certificate

Tenderers are required to furnish a valid and functional email ID and mobile no. to which communication can be done by the Railway Administration

Documents to be Submitted Along with Tender:-All relevant documents as mentioned in GCC- APRIL-2022.

Tenderer Credentials: Documents testifying tenderer previous experience and financial status should be produced along with the tender. Tenderer(s) who is / are not borne on the approved list of the Contractors shall submit along with his / their tender: (i) Certificates and testimonials regarding contracting experience for the type of job for which tender is invited with list of works carried out in the past.(ii)Audited Balance Sheet duly certified by the Chartered Accountant regarding contractual payments received in the past.(iii) The list of personnel / organization on hand and proposed to be engaged for the tendered work. Similarly list of Plant & Machinery available on hand and proposed to be inducted and hired for the tendered work. (iv) The Railway reserves the right to verify all statements, information and documents submitted by the bidder in his tender offer, and the bidder shall, when so required by the Railway, make available all such information, evidence and documents as may be necessary for such verification. Any such verification or lack of such verification, by the Railway shall not relieve the bidder of its obligations or liabilities hereunder nor will it affect any rights of the Railway there under. (a) In case of any information submitted by tenderer is found to be false, forged or incorrect at any time during process for evaluation of tenders, it shall lead to forfeiture of the tender Bid Security besides banning of business for a period of upto Two years.(b) In case of any information submitted by tenderer is found to be false, forged or incorrect after the award of contract, the contract shall be terminated. Bid Security, Performance Guarantee and Security Deposit available with the railway shall be forfeited. In addition, other dues of the contractor, if any, under this contract shall be forfeited and agency shall be banned for doing business for a period of upto two years. (v) Submission of Certificates and testimonials regarding the arbitration and court cases. (vi) Submission of certificate of Qualified Engineer to be deployed at work sites by the Contractor.(vii) Self declaration regarding Employment/Partnership etc. of Retired Railway Employees.

Scanned copy of valid Proprietorship Certificate.

List of the Works completed in the last three financial years giving description of work. Organization for whom executed, approximate value of contract at the time of award, date of award and date of scheduled completion of work. Date of actual start, actual completion and date of payment and final value of contract should also be given. (Supportive documents/ certificates from the organization with whom worked/are working should be enclosed)

List of works in hand indicating Supportive documents/certificates from the organization with whom worked/are working should be enclosed) description of work, contract value, approximate value of balance work yet to be done and date of award. (Supportive documents/certificates form the organization with whom worked/are working should be enclosed).

Partnership deeds, power of Attorney etc. (if any) : The tender 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 partnership concern he should submit the certified copy of the partnership deed alongwith the tender authorisation to sign the documents on behalf of the partnership firm. If these documents are not enclosed alongwith the tender document, the tender will be treated as hearing lease submitted by the individual signing the tender documents. The Railway will not consider any power of Attorney granted by the tender or any changes in the composition of the firm made subsequent to the execution of the contract. It may however recognize such power of Attorney and change after obtaining proper legal advice, the cost of which will be chargeable to the contract.(Scanned copy to be uploaded ).

Option for receiving payment through Letter of Credit . (Please attach scanned copy of ANNEXURE 1 LC & ANNEXURE 2 LC duly filled up by the firm if opted for)

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.

Measurement of Works by Railway: The Contractor shall be paid for the works at the rates in the accepted Bill(s) of Quantities and for extra works at rates determined under Clause 39 of these Conditions on the measurements taken by the Engineer or the Engineer's representative in accordance with the rules prescribed for the purpose by the Railway. The quantities for items the unit of which in the accepted Bill(s) of Quantities is 100 or 1000 shall be calculated to the nearest whole number, any fraction below half being dropped and half and above being taken as one; for items the unit of which in the accepted Bill(s) of Quantities is single, the quantities shall be calculated to two places of decimals. Such measurements will be taken of the work in progress from time to time and at such intervals as in the opinion of the Engineer shall be proper having regard to the progress of works. The date and time on which 'on account' or 'final' measurements are to be made shall be communicated to the Contractor who shall be present at the site and shall sign the results of the measurements (which shall also be signed by the Engineer or the Engineer's representative) recorded in the official measurements book as an acknowledgement of his acceptance of the accuracy of the measurements. Failing the Contractor's attendance, the work may be measured up in his absence and such measurements shall, notwithstanding such absence, be binding upon the Contractor whether or not he shall have signed the measurement books provided always that any objection made by him to measurement shall be duly investigated and considered in the manner set out below: (a) It shall be open to the Contractor to take specific objection to any recorded measurements or Classification on any ground within seven days of the date of such measurements. Any remeasurement taken by the Engineer or the Engineer's representative in the presence of the Contractor or in his absence after due notice has been given to him in consequence of objection made by the Contractor shall be final and binding on the Contractor and no claim whatsoever shall thereafter be entertained regarding the accuracy and Classification of the measurements. (b) If an objection raised by the Contractor is found by the Engineer to be incorrect the Contractor shall be liable to pay the actual expenses incurred in measurements. Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

VARIATIONS IN EXTENT OF CONTRACT : Modification to Contract to be in Writing: In the event of any of the provisions of the contract required 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 work 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 Engineer on behalf of the Railway shall be entitled by order in writing to enlarge or extend, diminish or reduce the works 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 work to be done or any works 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. (i) 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, except in case of foundation work (in which no variation limit shall apply). However, the rates for the increased quantities shall be as per sub- para (iii) below. (ii) The Contractor shall be bound to carry out the work 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 works. (iii) In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered unavoidable, then same shall be executed at following rates. Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

(iii) In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered unavoidable, then same shall be executed at following rates a.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; b.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; c.Variation in quantities of individual items beyond 150% will be avoided and would be permitted only in exceptional unavoidable circumstances and shall be paid at 96% of the rate awarded for that item in that particular tender. d.Variation to quantities of Minor Value Item: 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 contract value. d.(i) Quantities operated upto and including 100% of the agreement quantity of the concerned minor value item, shall be paid at the rate awarded for that item in that particular tender; d.(ii)Quantities operated in excess of 100% but upto 200% of the agreement quantity of the concerned minor value item, shall be paid at 98% of the rate awarded for that item in that particular tender; d.(iii) Variation in quantities of individual minor value item beyond 200% will be avoided and would be permitted only in exceptional unavoidable circumstances and shall be paid at 96% of the rate awarded for that item in that particular tender. (iv) In case of earthwork items, the variation limit of 25% shall apply to the gross quantity of earthwork items and variation in the quantities of individual classifications of soil shall not be subject to this limit. (v) As far as Standard Schedule of Rates (SSOR) items are concerned, the variation limit of 25% would apply to the value of SSOR schedule(s) as a whole and not on individual SSOR items. However, in case of Non Standard Schedule of Rates (SSOR) 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 . Valuation of Variations: The enlargements, extensions, diminution, reduction, alterations or additions referred to in Sub-Clause (2) of this Clause shall in no degree affect the validity of the contract; but shall be performed by the Contractor as provided therein and be subject to the same conditions, stipulations and obligations as if they had been originally and expressively included and provided for in the Specifications and Drawings and the amounts to be paid therefor shall be calculated in accordance with the accepted Bill(s) of Quantities. Any extra item(s)/quantities of work falling outside the purview of the provisions of Sub-Clause (2) above shall be paid for at the rates determined under Clause-39 of these Conditions. Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

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.

(i)The Tenderers must have submitted the GST registration Number along with tender documents. (ii) The Tenderer(s) should quote only UNIFORM percentage ABOVE/ PAR/BELOW the rates of all items given in the schedule on overall basis including all taxes excluding GST. (iii) No special conditions will be accepted and the tender will be treated as non-responsive in case of any conditions quoted by the tenderer. Conditional tender will be summarily rejected. (iv)Vide RBA No. 33/2022 dated 05/07/2022 and RBA No. 36/2022 dated 22/07/2022, the applicable GST rate for works contract is 18% .The work will be carried out as per latest GST norms. Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

The intending tenderers before submission of tenders is advised at his own interest to study the tender papers carefully without prejudice to the generality of the foregoing and the tenderer shall inspect the site and surrounding of the work specified in the tender document and shall satisfy himself by careful examinations before submission of the tender as to the nature of site, soil, and local conditions availability of labour and materials for execution of work, the means of access to site, supply of power, water, availability of accommodation etc. and shall make local and independent inquiries as to matters for the thing referred to or implied in the tender documents. Railways shall not entertain the tenderer in any form or plea of ignorance, difficulties, doubts, misconception and misapprehension thereof affecting the execution and completion of work.

(i)The tenderers is required to produce along with his tender the Current and Valid Income tax and Sales tax clearance certificate. (ii)Income tax at 2% plus surcharge as applicable of the gross amount to be paid by the contractor in pursuance to the contract which will be deducted from the bills preferred by him in accordance with section 104-A of the Income Tax Act 1961 as introduced through Finance Act of 1972 of amended from time to time. Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

SIGNING OF TENDERS AND POWER OF ATTORNEY- In case of a firm not registered under Partnership Act, all the partners of the attorney duly authorized by all of them should sign the tenderer and other connected documents. A copy of the document empowering the individuals to sign should also be sent with the tender. In any case, tender should disclose his constitution fully and copies of all necessary documents in support thereof should be submitted with the tender and original thereof should be produced as and when called for. Any individual signing the tender or other documents connectedthere with should specify whether he is signing- i) As sole proprietor of the concern 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. Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

RESULT OF TENDER-The acceptance of the tender will rest with the competent authority, for and on behalf of the President of India, who reserves the right to decide the tenders amongst more than one tenderer, if deemed necessary, and also to reject any or all tenderers received without assigning any reasons and does not bind himself to accept the lowest or any tender.

VALIDITY OF TENDER-The contractor shall keep the offer viz. The tender and/or tenders, as may be modified by negotiations open for acceptance for a period of 60 days from the date on which tender/tenders is/are opened and in default, the Earnest Money/Bid Security deposited by him/her shall be forfeited to the Railways. Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

TIME SCHEDULE AND PROGRAMME- The time is essence of the contract. The contractor shall have to complete all work to the entire satisfaction of the Divl.Elect.Engineer (G)/ SER/ADRA. The contractor shall strictly follow the time schedule for all work under this contract as mentioned in the tender notice. If the contractor fails to execute the work within the time specified or any authorized extensions thereof, Railway Administration is entitled to recover from the contractor a sum equivalent to one half of one percent of the contract value of the work for each week or part of week taken extra by the contractor to complete the work. The amount of damages recovered shall in no case exceed 10% of the first two lakhs and the 5% of the balance amount. If such a failure as aforesaid shall have arisen from any cause which the purchaser may admit as being reasonable ground for extension of time, the Purchaser shall allow such additional time as he may in his absolute discretion consider to be reasonably justified by the circumstances of the case.Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

TERMINATION OF CONTRACT- Notwithstanding the provisions under other paragraph the Railway Administration may at any time by a notice in writing summarily terminate the contract without liability to pay any compensation to the contractor in respect thereof in any of the following events. a)INSOLVENCY: The contractor being an individual or a firm any partner in the contractor's firm, shall at any time be adjudged insolvent or shall have a receiving order for administration of his estate made against him or shall take any proceeding for liquidation on composition under any law relating to insolvency for time being enforce or make any conveyance or assignment of his assets or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under the partnership act. b) LIQUIDATION: If the contractor being company shall pass a resolution or the court shall make an order for the liquidation of its affairs or a receivers or a Manager on behalf of the debenture holders shall be appointed or circumstances shall have arisen which entitled the court or debenture holders or appoint a receiver or Manager.c)BREACH OF CONTRACT : If the contractor commits any breach of this contract not herein specifically provided always that such termination shall not prejudice any right or action or remedy which shall have accrued or accrue thereafter to the Railway Administration and provided also that the contractor shall be liable to the purchaser any extra expenditure which the Railway Administration is thereby put to incur loss but shall not be entitled to any gain on re-purchase, in the event of such termination without prejudice to the other right and remedies of the Railway Administration including the rights for forfeiting the security deposit. The Railway Administration shall be entitled to have the work or the undone portion thereof performed, executed and/or carried out by any other agency at the risk and cost of the contractor liable for reimbursement in the even or any loss on this account. Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

EXCEPTIONS- Termination of contract will not arise in case of voluntary liquidation meant for alternation or reorganization provided the newly formed company takes over the full responsibilities and liabilities of the liquidated firm and it is acceptable to the Railway Administration. Termination of contract under this Para will not arise in case of breaches or defects of a minor nature. The Rly. Administration shall be the sole authority to decide whether breaches and defects are of minor nature.Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

Security Deposit: The Security Deposit shall be 5% of the contract value. The Bid Security submitted 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. Provided further that, if Contractor submits the Cash or Term Deposit Receipt issued from a Scheduled commercial bank of India or irrevocable Bank Guarantee Bond from a Scheduled commercial bank of India, either towards the Full Security Depositor the Part Security Deposit equal to or more than Bid Security, the Railway shall return the Bid Security, to the Contractor. Balance of Security Deposit may be deposited by the Contractor in cash or Term Deposit Receipt issued from Scheduled commercial bank of India or irrevocable Bank Guarantee bond issued from Scheduled commercial bank of India, or may be recovered at the rate of 6% of the bill amount till the full Security Deposit is recovered. Provided also that in case of defaulting Contractor, the Railway may retain any amount due for payment to the Contractor on the pending "on account bills" so that the amounts so retained (including amount guaranteed through Performance Guarantee) may not exceed 10% of the total value of the contract. The Irrevocable Bank Guarantee submitted towards Security deposit shall be initially valid up to the stipulated date of Maintenance period plus 60 days and shall be extended from time to time, depending upon extension of contract granted in terms of Clause 17A and 17B of the Standard General Conditions of Contract. Note: Security Deposit deposited in cash by the Contractor or recovered from the running bills of a Contractor or submitted by contractor as Term Deposit Receipt(s) can be refunded/returned to the contractor, in lieu of irrevocable Bank Guarantee bond issued from scheduled commercial bank of India, to be submitted by him, for an amount equal to or more than the already available Security Deposit, provided however that, in a contract of value less than Rs. 50 Crore, such refund/ return of the already available Security Deposit is permitted up to two times and in a contract of value equal to or more than Rs. 50 Crore, such refund / return of the already available Security Deposit is permitted up to three times.

ADDITIONS AND ALTERATIONS - Railway Administration may require modifications to be carried out on the works if considered necessary either during the execution or after apart or whole of the installations are erected coming within the purview of the contract. If any additional quantum of the works specified in the schedule becomes necessary during the course of execution the contractor may be called upon to carry out such additional works to the extent of 25% of the original contract quantity at the same rates, terms and conditions.Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

SAFETY MEASURES-The contractor or shall take all precautionary measures in order to ensure the protection of his own personnel moving about or working in the Railway premises, but shall then conform to the rules and regulations of the Railways. The contractor shall abide by all Railway regulations in force for the time being and ensure that the same are followed by his representatives. Agent or sub contractor or workmen,. He shall give due notice to his employees and workers about provisions to the Para. The contractor shall ensure that un-authorized careless or inadvertent operation of installed equipment, which may result in accident to staff and or damage of equipment, does not occur. The Contractor shall indemnify and keep the Railway administration indemnified and harmless against all actions suits, claims demands, other charges or expenses arising in connection with any accidents, death or injury sustained by any person or persons within the Railway premises and any loss or damage to Railway property sustained due to the acts or omissions of the contractor, or his staff during the execution of this contract irrespective or whether such liability arising under the Workmen's Compensation Act 1923 or Fatal Accidents Act or any other Act in force for the time being.

EXECUTION OF AGREEMENT - The contractor is required to execute a formal agreement in prescribe form with the Railway Administration on the lines of the Tender Conditions and until a formal agreement is prepared and executed the acceptance of this tender shall constitute a binding contract between the Railway Administration and the Contractor in all respects.Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

RAILWAY PASSES - No free Railway passes will be issued for the contractor or for his workmen.

SPECIFIED RAILWAY STORES - Materials which are to be supplied by the Railways will be handed over to the contractor by Divl.Elect.Engineer(G) SER/ADRA or his authorised representative from his stores. The loading, handling and transportation of such materials to the work site and unloading of such materials at the work sites will be at his own cost. All other materials as may be required to execute the work and to make the installation complete in all respects according to the specification and schedule of work shall be supplied by the contractor and costs thereof included in the schedule of prices.Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

RETURN OF RELEASED MATERIALS TO THE PURCHASER- The released materials dismantled during the work shall be returned to Senior Section Engineer (Elect.) of that respective section where work would be executed. Contractor shall ensure that all materials i.e. conductor, insulators, G.I wire, Guy wire etc. as the case may be are properly accounted for. A report from Sr. SE's in this respect shall be obtained and submitted during final reconciliation.Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

ACCIDENTS AND DAMAGES TO INSTALLATIONS ETC - The contractor shall be responsible for all repairs and rectification and damage to installations erected or under erection due to accident or any other cause during the course of the contractors work at site inclusive of the guarantee period at no extra cost to the purchaser. All costs, damages or expenses which the purchaser may incur, for which under the terms of contract, the contractor is liable may be either deducted by the purchaser at his discretion from any money due or become due or refundable by the purchaser to the contractor under the contract, or may be recovered by action of law or otherwise from the contractor. The purchaser reserve the right and shall be entitled to retain payments due to the contractor under this contract and to set off the same against all claims whether arising out of this contract or out of any other transaction what ever with the contractor. Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

PROVISION OF PAYMENT OF WAGES ACT- The contractor shall comply with the provisions of payment of Wages Act 1936 as amended up to date and the rules made thereunder in respect of all employees directly or through the petty contractors or sub contractors employed by him in the works. If in compliance with the terms of the contract, the contractor directly or through the petty contractor or sub contractors shall supply any labour to be used wholly or partly under the direct orders and control of the Engineer whether in connection with the work to be executed hereunder or otherwise for the purpose of the Engineer such labour shall never the less be deemed to comprise persons employed by the contractor and any moneys which may be ordered to be paid by the Engineer shall be deemed to be moneys payable by the Engineer on behalf of the contractor and Engineer may on failure of the contractor to repay such moneys to the Railway deduct the same from any moneys due to the contractor in terms of the contract. The purchaser shall be entitled to deduct from any moneys due to the contractor (whether under this contract or any other. All moneys paid/payable by the Railway by way of compensation of the aforesaid or for cost of expenses in connection with any claim thereto) and the decision of the Engineer upon any question arising out of the effect or force of this clause shall be final and binding upon the contractor.Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

WAGES TO LABOUR- The contractor shall be responsible to ensure compliance with the provisions of the MINIMUM Wages Act, 1948, as modified up to date (therein after referred to as the said Act) and the rules made thereunder in respect of any employee employed by him directly or through petty contractor, sub contractors for the purpose of carrying out this contract. If, in compliance with the terms of the contract, the contractor directly or through petty contractors or sub contractor supplied any labour to be used, wholly or partly under the direct orders and control of the purchaser whether in connection with any work being executed by the contractor or otherwise for the purpose of the purchaser such labour shall for the purpose of this clause shall be deemed to be persons employed by the contractor. If any moneys shall as a result of any claim or application made under the said Act be directed to be paid by the purchaser such moneys shall be deemed to be money payable to the purchaser by the contractor and on failure by the contractor to repay the purchaser and moneys paid by it as aforesaid within seven days after the same shall have been demanded the purchaser shall be entitled to recover the same from any moneys due or accruing to the contractor under this or any other contract with the purchaser. Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

POWER OF MODIFICATION TO CONTRACT- The engineer on behalf of the purchaser shall be entitled by order in writing to enlarge or extend, diminish or reduced the works or make any alternations 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 or thereof or to order any additional works to be done or any work 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 for each individual item of the contract would be up to +25% of the quantity originally contracted. The contractor shall be bound to carry out the work at the agreed rates and shall not be entitled to any claim or any compensation what so ever up to the limit of +25% variation in quantity of individual item or works.Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

ILLEGAL GRATIFICAION- Any bribe commission, gift or advantage given promised or offered by or on behalf of the contractor or his partner, agent or servant or any one of his or on their behalf to any officer or employee of the purchaser or to any person on his or on their behalf in relation to the obtaining of the execution of this or any other contract with the purchaser shall, in addition to any criminal liability which he may incur, subject the contractor to the rescission, of the contract and all other contracts with the purchaser and to the payment of any loss or damage resulting from such rescission and the purchaser shall be entitled to deduct the amounts so payable from any moneys due to the contractor under the contract or any other contracts with the purchaser. The contractor shall not lend or borrow from or have or enter into any monetary dealings or transactions either directly or indirectly with any employee of the purchaser and if he shall do so the purchaser shall be entitled forthwith to rescind the contract and all other contracts with the purchaser. Any question or dispute as to the commission of any offence or compensation payable to the purchaser under this clause shall be settled by the General Manager of the Railway in such manner as he shall consider fit and sufficient and his decision shall be final and conclusive.

PROVISIONAL ACCEPTANCE- Immediately after the completion of an installation, the contractor will certify and advise the purchaser in writing that the installation is:- i)Complete ii)Ready for Satisfactory regular service, and iii)Ready to be handed over. He will also place at the disposal of the purchaser and required staff for inspection, testing and putting it into operation. The test or tests specified will conducted jointly by the purchaser and contractor as soon as possible after receipt of advise of completion of an installation by the purchaser from the contractor. After the purchaser is satisfied with the satisfactory working of the installation, he will issue a PROVISIONAL ACCEPTANCE CERTIFICATE, which would be signed by BOTH THE PARTIES. Should the results of inspection and tests he not satisfactory an extension of time for one month will be granted to make good defects and deficiencies pointed out by the purchaser. A fresh inspection and test will then be carried out after the contractor has attended to the defects and deficiencies. If these are not satisfactory, the purchaser may proceed at the contractor/s expenses buy all means deemed expedient to have the installations made as per approved drawings and designs. In such a case of delay in completing the work under this contract within the time limit the purchaser reserves the right if he deems it possible to use in a reasonable manner any part of the installation even if the work is not completely erected. The purchaser will give to the contractor for this purpose seven days previous notice. The contractor shall then take at his own expenses all necessary steps to complete the works in accordance with the provisions of the contract. Incase it becomes impossible to proceed with the above mentioned taking over tests for reasons other than for which the contractor is responsible, the provisional acceptance certificate shall be issued at or within a mutually agreed reasonable period not exceeding six months after completion of an installation. NOTE :The Issue of Provisional Acceptance Certificate will not be withheld for rectification of minor defects as distinct from rejected equipment which may not be essential for energisation and operation of the installation in such cases, only the value of materials and cost of rectification of the minor.Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

ACCOMMODATION- The contractor shall make his own arrangements for the accommodation of his staff, materials, tools, etc. Electricity for the purpose of execution of the work against this contract. May be arranged by Railways from its source , if available near the work site on payment of Railways specified charges

Performance Guarantee:- The procedure for obtaining Performance Guarantee is outlined below: (a) The successful bidder shall have to submit a Performance Guarantee (PG) within 21 (Twenty one) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 21 (Twenty one) days and upto 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 12% per annum shall be charged for the delay beyond 21(Twenty one) days, i.e. from 22ndday after the date of issue of LOA. Further, if the 60thday happens to be a declared holiday in the concerned office of the Railway, submission of PG can be accepted on the next working day. In all other cases, if the Contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract is liable to be terminated. In case contract is terminated railway shall be entitled to forfeit Bid Security and other dues payable to the contractor against that particular contract, subject to maximum of PG amount. In case a tenderer has not submitted Bid Security on the strength of their registration as a Startup recognized by Department of Industrial Policy and Promotion (DIPP) under Ministry of Commerce and Industry, DIPP shall be informed to this effect. The failed Contractor shall be debarred from participating in re-tender for that work. (b) The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% of the original contract value:- (i) A deposit of Cash; (ii) Irrevocable Bank Guarantee; (iii) Government Securities including State Loan Bonds at 5% below the market value; (iv) Pay Orders and Demand Drafts tendered by any Scheduled Commercial Bank of India; (v) Guarantee Bonds executed or Deposits Receipts tendered by any Scheduled Commercial Bank of India; (vi) Deposit in the Post Office Saving Bank; (vii) Deposit in the National Savings Certificates; (viii) Twelve years National Defence Certificates; (ix) Ten years Defence Deposits; (x) National Defence Bonds and (xi) 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.

The Performance Guarantee shall be submitted by the successful bidder after the Letter of Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G. shall be initially valid upto the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work gets extended, the Contractor shall get the validity of P.G. extended to cover such extended time for completion of work plus 60 days. (d) 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. (e) The Performance Guarantee (PG) shall be released after physical completion of the work based on 'Completion Certificate' issued by the competent authority stating that the Contractor has completed the work in all respects satisfactorily. (f) Whenever the contract is rescinded, the Performance Guarantee already submitted for the contract shall be encashed. (g) The Engineer 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: (i) Failure by the Contractor to extend the validity of the Performance Guarantee as described herein above, in which event the Engineer may claim the full amount of the Performance Guarantee. (ii) 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 Engineer. (iii) The Contract being determined or rescinded under clause 62 of these conditions.

Performance Guarantee : Also FDR in favour of FA&CAO, Garden Reach, Kolkata (free from any encumbrance) may be accepted.NOTE : The instrument as listed above will also be acceptable for Guarantees in case of Mobilization Advance.c)The performance guarantee shall be submitted by the successful bidder after the Letter of Acceptance (LOA) has been issued ,but before signing of the contract agreement. This PG shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case the time for completion of work gets extended, the contractor shall get the validity of PG extended to cover such extended time for completion of work plus 60 days. (d)The value of PG to be submitted by the 24.1.1 contractor will not change for variation up to 25% (either increase or decrease).In case during the course of execution, value of the contract increases by more than 25% of the original contract value, an additional Performance guarantee amounting to 5% (Five percent) for the excess value over the original contract value shall be deposited by the contractor. (e)The performance Guarantee (PG) shall be released after physical completion of the work based on completion certificate issued by the competent authority stating that the contractor has completed the work in all respect satisfactorily. The security deposit shall however be released only after expiry of the maintenance period and after passing the final bill based on NO CLAIM CERTIFICATE from the contractor .

GENERAL INSTRUCTIONS:It may be noted here that the conditions of General conditions of contract 2022(G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways, all provisions of relevant codes, manual etc.( with the latest amendment, if any),all circulars issued by the railway pertaining to the works are generally applicable unless specifically mentioned otherwise in this paper. The intending tenderer before submission of tender is advised that in his own interest to study the tender papers carefully without prejudice to the generally of the foregoing and the tenderer shall inspect the site and surrounding of the works specified in the tender documents and shall satisfy himself by careful examination before submission of the tender as the nature of site , soil and local conditions, availability of labour and materials for execution of work, the means of access to site supply of power, water, availability of accommodation etc. and shall make local and independent inquiries as to matters for and things referred to or implied in the tender documents Railways shall not entertain the tenderer in any form or plea of ignorance, difficulties doubts, misconception and misappreciation thereof effecting the execution and completion of work.

TENDER ADDRESSES: Every tenderer shall state in the tender his postal address fully and clearly. Any communication sent to the tenderer by post at his said address shall be deemed to have reached the tenderer duly and in time notwithstanding the fact that the communication did not reach the tenderer at all or in time for the reasons whatsoever Important document shall be sent by Registered post. Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

REFUND /FORFIETURE OF EARNEST MONEY/Bid Security: The Earnest money including the amount taken as security deposit for the due performance of the stipulation to keep the offer open till the date specified in the tender under appropriate clause (i.e Minimum validity of offer ) hereof shall be refunded to the unsuccessful tenderer(s) within a reasonable time after finalization of the tender case . The earnest money deposited by the successful tenderer(s) shall be retained towards the security deposit for the due and faithful fulfilment of the contract but shall be forfeited by the purchaser without prejudice to any other rights or remedies available to it if the contractor fails to execute the Agreement bond or start the work within a reasonable time (to be determined by the Engineer at site) after notification of the acceptance of his/their tender. Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

SUBLETTING OF CONTRACT :The contractor shall not assign or sublet the contractors any part thereof or allow any person to become interested therein any manner whatsoever without the special permission of the purchaser. Any breach of this condition shall entitle the purchaser to rescind the contract under clause 62 of GCC (i.e Right to Railway to determine contract ) of these conditions and also render the contractor liable for payment to the purchaser in respect of any loss or damage arising or ensuring from such cancellation.Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

PROVISION OF EFFICIENT AND COMPETENT SUPERVISOR : The erection of all equipment according to the specification will be done by the contractor at his cost. For this purpose, the contractor shall place and keep on the works at all times efficient and competent representatives to give necessary directions to his workmen and see that they execute their work in sound and proper manner and shall employ only such supervisors, workmen and labour in or about the execution of any of the works as are careful and skilled in their various trades and callings. The said representative shall be present at site during work in hours and any written orders or instructions which the engineer may give to the said representatives of the contractor shall be deemed to have been duly given or communicated to the contractor. The contractor shall furnish the name and address of his agent or representatives for the purpose of this clause. The contractor or his agent or representative will accompany the engineer/s on inspection and/or proceed to their offices whenever called upon to do so. The Contractor shall at once remove from the works any representative, permitted sub-contractor supervisor, workmen or labour who shall be objected to by the engineer and he shall submit a correct return showing the names of all staff and workmen employed by him . In the event of the engineer being of the opinion that the contractor is not employing on the works a sufficient number of staff and worker as is necessary for the proper completion of the work within the time prescribed , the contractor shall forthwith on receiving intimation to this effect take on the additional number of staff and labour specified by the engineer within seven days of being so required . Failure on the part of the contractor to compl

CONTRACT LABOUR ACT:The contractor is liable to observe the provisions of contract labour Act and get himself registered under the concerned labour officer as per provision of the Act. He has to state the number of labour engaged by him for carrying out the work before signing of agreement . For any violation of the said Act , the contractor is liable for prosecution by the Labour Enforcement Officer (Central) under whose jurisdiction the Work is being executed and the amount of penalty if any , will be deducted from contractors final bill on advise of the labour court.Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

FINAL ACCEPTANCE:The final acceptance of the installation shall take effect from the date of expiration o f the period of guarantee as defined in warranty clause provided the installation previously accepted provisionally are still in good working order .If on the other hand the installation is not in good working order at the end of the guarantee period the purchaser may either extend the period of guarantee until, necessary works are carried out by the contractor or carry out those works or have them carried out successfully on behalf of the contractor and at his expenses . A certificate of final acceptance shall then be issued under the signature of both the parties The purchaser and the contractor Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

Imposition of token penalty for delay in the completion work.The existing clause 17(B) of GCC provides for recovery of liquidated damages from the contractor for delay in completion of work. It has now been decided that the Competent authority while granting extension to the currency of contract under clause 17(B) of GCC may also consider levy of token penalty as deemed fit based on the merit of the case.

Modification to para (a) of Clause 6, Part-I of Indian Railways Standard General Condition of Contract, July-2020. The revised para (a) of clause 6 shall be read as under: 6. 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 condition liable to be encountered during the execution of the works are taken into account and that 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 for the completion of works to the entire satisfaction of the Engineer. (ii) Tenderers will examine the various provisions of the Central Goods and Service Tax Act, 2017(CGST)/Integrated Goods and Service Tax Act,2017 (IGST)/ Union Territory Goods and Services Tax Act, 2017 (UTGST)/respective state's State Goods and Service 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. (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 GST/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. (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. Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

Firms which have not migrated to GST regime and are not registered for GST will not be able to participate in any tender of this Railway. Any offer received from the firms without GST registration will be summarily rejected.

(i)Tenderer has to submit the bill in terms of Railway Board letter no. 2016/CE-I/CT/12/GST/ Pt .1 dt.29.6.2017 and to follow the subsequent instructions to be issued by Railway Board for the compliance of GST. (ii) Amendment in Clause 46A, Part-II of Indian Railway Standard General Conditions of Contract, July'2020- Price Variation Clause as per Railway Board's letter no. 2017/CE-I/CT/4/GST dated 05.07.17 shall be binding upon the Contractor. (iii) Tenderer must have valid PF code number. Tenderer should upload document with respect to valid PF code number. Bill will be cleared only after verification of PF challan paid for previous month along all other statutory dues by the contractor/ establishment. Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

DETERMINATION OF CONTRACT : 61.(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 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 therefor shall be conclusive evidence thereof. 61.(2)Payment on Determination of Contract: Should the contract be determined under sub clause (1) of this clause and the Contractor claims payment for expenditure incurred by him 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 Engineer. The Railway's decision on the necessity and propriety of such expenditure shall be final and conclusive. 61.(3)The Contractor shall have no claim to any payment of compensation or otherwise, howsoever on account of any profit or advantage which he might have derived from the execution of the work in full but which he did not derive in consequence of determination of contract. Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

Final Payment: On the Engineer's certificate of completion in respect of the works, adjustment shall be made and the balance of account based on the Engineer or the Engineer's representative's certified measurements or Engineer's certified "contractor's authorized engineer's measurements" of the total quantity of work executed by the Contractor upto the date of completion and on the rates accepted in Bill(s) of Quantities and for extra works on rates determined under Clause 39 of these Conditions shall be paid to the Contractor subject always to any deduction which may be made under these presents and further subject to the Contractor having signed delivered to the Engineer enclosing either a full account in detail of all claims he may have on the Railway in respect of the works or having delivered No Claim Certificate and the Engineer having after the receipt of such account given a certificate in writing that such claims are not covered under excepted matter i.e. Clauses 7(j), 8, 18, 22(5), 39.1, 39.2, 40A, 43(2), 45(i)(a), 55, 55-A(5), 57, 57A, 61(1), 61(2) and 62(1), 63(iv) and 63.2.11 of the Standard General Conditions of Contract or in any Clause (stated as excepted matter) of the Special Conditions of the Contract, that the whole of the works to be done under the provisions of the Contracts have been completed, that they have been inspected by him since their completion and found to be in good and substantial order, that all properties, works and things, removed, disturbed or injured in consequence of the works have been properly replaced and made good and all expenses and demands incurred by or made upon the Railway for or in the respect of damage or loss by from or in consequence of the works, have been satisfied agreeably and in conformity with the contract.Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

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 certificate, inter alia, should mention that the work has been completed in all respects and that all the contractual obligations have been fulfilled by the Contractor and that there is no due from the Contractor to Railways against the contract concerned. 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. 48. (2)Contractor not Absolved by Completion Certificate: The Certificate of Completion in respect of the works referred to in Sub-Clause (1) of this Clause shall not absolve the Contractor from his liability to make good any defects imperfections, shrinkages or faults which may appear during the period of maintenance specified in the tender arising in the opinion of the Engineer from materials or workmanship not in accordance with the drawings or specifications or instruction of the Engineer, which defects, imperfections, shrinkages or faults shall upon the direction in writing of the Engineer be amended and made good by the Contractor at his own cost; and in case of default on the part of Contractor, the Engineer may employ labour and materials or appoint another Contractor to amend 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 him under the contract. 48(3) Final Supplementary Agreement: After the work is completed or otherwise concluded by the parties with mutual consent, and taken over by the Railway as per terms and conditions of the contract agreement, and there is unequivocal no claim on either side under the Contract other than as mentioned in item 4 of Annexure XIV, the parties shall execute the Final Supplementary Agreement as per Annexure XIV. Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022) (with the latest amendment, if any) of Indian Railways.

Maintenance of Works: The Contractor shall at all times during the progress and continuance of the works and also for the period of maintenance specified in the Tender Form after the date of issue of the certificate of completion by the Engineer or any other earlier date subsequent to the completion of the works that may be fixed by the Engineer, be responsible for and effectively maintain and uphold in good substantial, sound and perfect condition all and every part of the works and shall make good from time to time and at all times as often as the Engineer 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 works, 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 Engineer 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 his failure in any respect. Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

Handing over of Works: The Contractor shall be bound to hand over the works executed under the contract to the Railway complete in all respects to the satisfaction of the Engineer. The Engineer shall determine the date on which the work is considered to have been completed, in support of which his certificate shall be regarded as sufficient evidence for all purposes. The Engineer shall determine from time to time, the date on which any particular section of the work shall have been completed, and the Contractor shall be bound to observe any such determination of the Engineer.

Suspension of Works: The Contractor shall on the order of the Engineer, suspend the progress of the works or any part thereof for such time or times and in such manner as the Engineer may consider necessary and shall during such suspension properly protect and secure the work so far as is necessary in the opinion of the Engineer. If such suspension is: (a)Provided for in the contract, or (b) Necessary for the proper execution of the works or by the reason of weather conditions or by some default on the part of the Contractor, and or (c)Necessary for the safety of the works or any part thereof, or (d)Necessary for the safety of adjoining public or other property or safety of the public or workmen or those who have to be at the site, or (e)Necessary to avoid disruption of traffic and utilities, as also to permit fast repair and restoration of any damaged utilities, or (f)Due to instruction of The National Green Tribunal or any other statutory authority due to high level of pollution in the city of worksite. 36.(2)The Contractor shall not be entitled to the extra costs, if any, incurred by him during the period of suspension of the works, but in the event of any suspension ordered by the Engineer for reasons other than aforementioned and when each such period of suspension exceeds 14 days, the Contractor shall be entitled to such extension of time for completion of the works as the Engineer may consider proper having regard to the period or periods of such suspensions and to such compensations as the Engineer may consider reasonable in respect of salaries or wages paid by the Contractor to his employees during the periods of such suspension. 36. (3)Suspension Lasting More than 3 Months: If the progress of the works or any part thereof is suspended on the order of the Engineer for more than three months at a time, the Contractor may serve a written notice on the Engineer requiring permission within 15 days from the receipt thereof to proceed with the works or that part thereof in regard to which progress is suspended and if such permission is not granted within that time the Contractor by further written notice so served may, but is not bound to, elect to treat the suspension where it affects part only of the works as an omission of such part or where it affects the whole of the works, as an abandonment of the contract by the Railway. Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

Deployment of Qualified Engineers at Work Sites by the Contractor: A.1The Contractor shall also employ qualified Graduate Engineer(s) or equivalent, or qualified Diploma Engineer(s), as prescribed in the tender documents.As per GCC 2022. A.2In case the Contractor fails to employ the Engineer, as aforesaid in Para A.1, he shall be liable to pay liquidated damages at the rates, as prescribed in the tender documents. A.3No. of qualified Engineers required to be deployed by the Contractor for various activities contained in the works contract shall be specified in the tender documents as 'Special Condition of Contract'.

Right of Railway to Deal with Tenders: The Railway reserves the right of not to invite tenders for any of Railway work or works or to invite open or limited tenders and when tenders are called to accept a tender in whole or in part or reject any tender or all tenders without assigning reasons for any such action. In case if tender is accepted in part by Railway administration, Letter of Acceptance shall be issued as counter offer to the Tenderer, which shall be subject to acceptance by the Tenderer.

Execution of Contract Document: The Tenderer whose tender is accepted shall be required to appear in person at the office of General Manager/General Manager (Construction), Chief Administrative Officer (Construction), Divisional Railway Manager or concerned Engineer, as the case may be, or if tenderer is a firm or corporation, a duly authorized representative shall appear (there would be no need for appear in person if agreement is signed digitally) and execute the contract agreement within seven days of notice from Railways that the Contract Agreement is ready. Failure to do so shall constitute a breach of the agreement affected by the acceptance of the tender. The Contract Agreement shall be entered into by Railway only after submission of valid Performance Guarantee by the Contractor. In such cases the Railway may determine that such tenderer has abandoned the contract and there upon his tender and acceptance thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of the Bid Security and other dues payable to the Contractor under this contract. The failed Contractor shall be debarred from participating in the re tender for that work. Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

Extension of Time in Contracts: Subject to any requirement in the contract as to completion of any portion 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: (i) Extension due to Modification: If any modifications have been ordered which in the opinion of the Engineer have materially increased the magnitude of the work, then such extension of the contracted date of completion may be granted as shall appear to the Engineer to be reasonable in the circumstances, provided moreover 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. (ii) Extension for Delay not due to Railway or Contractor: If in the opinion of the Engineer, the progress of work has any time been delayed by any act or neglect of Railway's employees or by other Contractor employed by the Railway under Sub-Clause (4) of Clause 20 of these Conditions or in executing the work 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 neighbouring owners or public authority arising otherwise through the Contractor's own default etc. or by the delay authorized by the Engineer pending arbitration or in consequences of the Contractor not having received in due time necessary instructions from the Railway for which he shall have specially applied in writing to the Engineer or his authorized representative then upon happening of any such event causing delay, the Contractor shall immediately give notice thereof in writing to the Engineer within 15 days of such happening, but shall nevertheless make constantly his best endeavours to bring down or make good the delay and shall do all that may be reasonably required of him to the satisfaction of the Engineer to proceed with the works. The Contractor may also indicate the period for which the work is likely to be delayed and shall be bound to ask for necessary extension of time. (iii) 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 lands necessary for the execution of the works or to give the necessary notice to commence the works or to provide the necessary drawings or instructions or any other delay 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 therefor, but in any such case, the Railway may grant such extension or extensions of the completion date as may be considered reasonable.

The Contractor shall indicate the period for which the work is likely to be delayed and shall seek extension of time as may be considered necessary under clause 17A(i) or/and 17A(ii) or/ and 17A(iii) above, as soon as the cause thereof shall arise and, in any case, not less than 15 days before the expiry of the date fixed for completion of the works. The Engineer shall consider the same and shall grant and communicate such extension of time as in his 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 The non-submission of request for extension or submission of request within less than 15 days before the expiry of the date fixed for completion of the works, shall make him ineligible for extension under these sub clauses, subject to final decision of Engineer.

Extension of Time with Liquidated Damages (LD) for delay due to Contractor: The time for the execution of the work or part of the works specified in the contract documents shall be deemed to be the essence of the contract and the works must be completed not later than the date(s) as specified in the contract. If the Contractor fails to complete the works within the time as specified in the contract for the reasons other than the reasons specified in Clause 17 and 17A, the Railway may, if satisfied that the works can be completed by the Contractor within 45.1.1 reasonable short time thereafter, allow the Contractor for further extension of time (Proforma at Annexure-VII) as the Engineer 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 for each week or part of the week, a sum calculated at the rate of Liquidated Damages as decided by Engineer between 0.05 % to 0.30 % of the contract value of the works for each week or part of the week.

Refund of Security Deposit: Security Deposit mentioned in sub clause (1) above shall be returned to the Contractor along with or after, the following: (a) Final Payment of the Contract as per clause 51.(1) and (b) Execution of Final Supplementary Agreement or Certification by Engineer that Railway has No Claim on Contractor and (c) Maintenance Certificate issued, on expiry of the maintenance period as per clause 50.(1), in case applicable. Forfeiture of Security Deposit: Whenever the contract is rescinded as a whole under clause 62 (1) of these conditions, the Security Deposit already with railways under the contract shall be forfeited. However, in case the contract is rescinded in part or parts under clause 62 (1) of these conditions, the Security Deposit shall not be forfeited. No interest shall be payable upon the Bid Security and Security Deposit or amounts payable to the Contractor under the Contract, but Government Securities deposited in terms of Sub- Clause 16.(4)(b) of this clause will be payable with interest accrued thereon.

I)Supply of materials denotes supply of the item at the working spot, including transportation, labour charges including GST and any other statutory duties. Contractor is required to submit the rate in percentage above or below or at par and the offered rate should be inclusive of all incidental charges, transportation , loading and unloading, insurance, inspection charges, Latest / updated GST etc positively. Erection cost includes cost of all related materials of the schedule item as per site requirement to complete the work in all respect. Erection cost also includes cost of transportation of railway supplied all necessary items( as per site requirement ) from railway store ( as advised by railway site incharge)to working site by the contractor at own arrangement including cost of loading & unloading of the materials at site of work.II)Supply, installation, erection/provision, testing/commission/wiring denotes supply of materials as stated under [I] above including testing, installation, erection, commissioning, wiring supplying all allied materials required to complete the job like nuts & bolts, washers of standard sizes [brass metal/copper make for places where electrical continuity involves], End terminal sockets make: 'Dowel's properly crimped, connecting conductors/ cables, painting, varnishing etc. as and where required as per specification keeping the site requirement & as advised by Railway site in charge in view.III) All materials to be procured shall be brand new, manufactured within six months of supply. The make of all materials to be used in the instant schedule is Make with IS specification ( if any) with approval of DEE(G)/ADRA . The work should be carried out as per approved list of Location & approved drawing(of contractor. In this matter decision of DEE(G)/ADRA is final.IV)Entire work is to be completed as per the guide lines of Railway Engineers and with entire satisfaction of the Railway authority, will be taken over only on completion of entire work in all respect.V) All supplied items shall be of reputed manufactures as per latest IS specification and conforming to PCEE/GRC specification[if any].Materials should be as per standard approved specification( if any) subject to approval by Railway Authority i.e DEE/G/ADRA .VI) The warranty of 5.5 KVA inverter & 2 KVA inverter with all related accessories(excluding batteries) is of 02(two ) years from the date of commissioning . For battery ,the warranty period will be atleast three years or period as advised by DEE(G)/ADRA in the same cost. In this matter decision of DEE(G)/ADRA is final. All other items of the schedule warranty / Guarantee period will be period of twelve months after date of commissioning and handing over to railway authority. The period of warranty/Guarantee shall be extended by the period of which the equipment remained out of commission/ handing over to railway authorityVII)Any defective asset is to be replaced straightway by new one during guaranteed period. The Enclosure of the supplied items i.e protective units etc. should be Electrically & Mechanically strong enough with approval of DEE(G)/ADRA.

VIII) All material under schedule shall be procured as per latest IS specification. As per the extant procedure followed in Railways, all materials as per the material under schedule shall be procured as per latest specification of RDSO/PCEE specification(if any) or any available latest specification as per Railway norms. item supplied by the contractor ( of value more than Rs. five lakhs)shall be duly inspected & passed by (RITES). In all the cases, the relevant inspection charges [if any], shall have to be borne by the contractor at own cost prior to supply of the same to Railway with necessary certificate. The relevant inspection charges,( if any), shall have to be borne by the contractor, will be at manufacturer premises or any other place where facility for testing &inspection may be made available by contractor. Manufacturer's factory test certificate & guarantee certificate shall be enclosed with all items procured by contractor. For all other items ( of value less than Rs. five lakhs )should be inspected& passed by nominated of the Railway authority as nominated by DEE/G/ADRA will be at manufacturer premises or any other place where facility for testing &inspection may be made available by contractor). IX) For items where an approved vendor list exists, the procurement shall only be from the approved source. work to be done, shall not disturb the existing system till it is completed in all respect. X)Work is to be executed as per direct supervision of [Electrical Supervisors] having Competency Certificate of relevant part. XI)The worker shall have proper identity to work in Railway premises. XII)It should be noted that in no way Railway workings shall be disturbed. Work in those places shall be carried out with utmost care, in presence of the railway electrical engineer& other Railway Department engineers( if required) as per site requirement .XIII)As per guidelines, prior written intimation to concerned Railway ENGG, Electrical(G) and signal and telecom official & Commercial Dept etc. are to be given by contractor before taking up any digging work(if any) and utmost care should be taken during digging work to avoid any cut or damage to the underground cable of Railway Authority If any damage to cable occur, the necessary cost and speedy reinstallation of the under ground cable should be given by contractor without fail as per Rly. norms . XIV)Necessary deduction towards Security Deposit amount as indicated above will be made from the billed amount. (Conservancy Cess, Educational Cess, Income Tax, Surcharge on Income Tax, Sales tax and other charges) or GST( as per norms) as leviable as per the General Condition of the Contract/ Railway norms will be deducted from the bills For taxes and duties :- over & above all the statutory taxes( including GST) shall be deducted from bill amount as applicable from time to time as per norms .

The tenderer should read the tender schedule along with explanatory notes in respect of the work and site condition carefully and seek clarification if any before submitting the tender paper. No clarification/dispute will be entertained afterwards. Any clarification/disputes after opening of tender in this regard will be decided by DEE(G)/ADRA and his decision shall be final and binding on the contractor.

Bid Security/Earnest Money : The tenderer shall be required to submit the Bid Security with the tender for the due performance with the stipulation to keep the offer open till such date as specified in the tender, under the conditions of tender. The Bid Security shall be as under: Value of the Work--Bid Security i.For works estimated to cost up to 1 crore--2% of the estimated cost of the work ii.For works estimated to cost more than 1 crore- 2 lakh plus ½% (half percent) of the excess of the estimated cost of work beyond 1 crore subject to a maximum of 1 crore Note: (a)The Bid Security shall be rounded off to the nearest 100. This Bid Security shall be applicable for all modes of tendering. (b)Any firm recognized by Department of Industrial Policy and Promotion (DIPP) as 'Startups' shall be exempted from payment of Bid Security detailed above. (c)Labour Cooperative Societies shall submit only 50% of above Bid Security detailed above. (b) It shall be understood that the tender documents have been issued to the tenderer and the tenderer is permitted to tender in consideration of stipulation on his part, that after submitting his tender he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the Engineer. Should the tenderer fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to the Railway. (c) If his tender is accepted, this Bid Security mentioned in sub para (a) above 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. The Bid Security of other Tenderers 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. (2) The Bid Security shall be deposited either in cash through e payment gateway or submitted as Bank Guarantee bond from a scheduled commercial bank of India or as mentioned in tender documents. The Bank Guarantee bond shall be as per AnnexureVIA and shall be valid for a period of 90days beyond the bid validity period. (3)In case, submission of Bid Security in the form of Bank Guarantee, following shall 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 within 5 working days of deadline of submission of bids. 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.

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. Everything will be followed As per General conditions of contract of 2022 (G.C.C. April 2022)(with the latest amendment, if any) of Indian Railways.

TENDER ADDRESSES: Every tenderer shall state in the tender his postal address fully and clearly. Any communication sent to the tenderer by post at his said address shall be deemed to have reached the tenderer duly and in time notwithstanding the fact that the communication did not reach the tenderer at all or in time for the reasons whatsoever Important document shall be sent by Registered post.