"RATE CONTRACT for engagement of agency for hiring of manpower for providing the services of Attendant in lieu of TADK for the officers of Kharagpur division of South Eastern Railway for a period of 02 (two) years (24 months)."

T1- Financial Turnover- The firm should have received contract/contracts amount equal to or more than 150% of the annual advertised tender value in last three financial years including the current financial year. The audited balance sheet reflecting financial turnover certified by the chartered accountant with his/her stamp, signature and membership number shall be considered.

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

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.

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

In case of JV firms overall liquidity of JV firm shall be assessed by arithmetic sum of liquidity of all members of JV.

Work Experience - The agency should have completed at least one work of *similar nature in last 3 financial years including the current financial year upto date of opening of the tender, one similar single service contract for minimum value of 35% of the annual advertised value of tender. (Completed service contract includes on-going service contract subject to payment of bills amounting to at least 35% of the advertised value of the bid.)

The bidder shall submit details of work completed/executed by them in the prescribed format along with bid for the service contracts to be considered for qualification of work experience criteria clearly indicating the nature/scope of contract, actual completion cost and actual date of completion for such contract. Format for Work Completion Certificate is as per Annexure-A.

*Similar work shall mean: "Supply of manpower (Attendant/Housekeeping) to any Central/State Government Organizations/PSU/Autonomous bodies."

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

PAN details should be attached.

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

The tenderer must upload a copy of EPF registration No. with the tender document.

MSME certificate, if applicable.

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.

If the tenderers 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.

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

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

Should a tenderer find the discrepancies in, or omissions from the drawings or any of the tender forms or should be in doubt as to their meaning, he should at once notify the authority inviting tenders who may issue a corrigendum. It shall be understood that every endeavour has been made to avoid any error which can materially affect the basis of the tender and the successful tenders shall take upon himself and provide for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof.

All offers shall be uploaded in the website through authorized digital signature of bidders/contractors along with submission of cost of tender document and Earnest money deposit (EMD). The cost of the tender document form and EMD should not be clubbed together and must be paid separately through online gateway facility provided (www.ireps.gov.in portal only) within stipulated date and time of tender closing. IREPS website should be monitored for any update or changes. Noncompliance with any of the conditions set forth therein above is liable to result in the tender being rejected.

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

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

It is understood and agreed that the Contractor has, by careful examination, satisfied herself as to the nature, scope and location of the services, the type/character of equipment and 2.1.1 facilities needed preliminary to, and during the progress of the services, the general and local conditions, the labour conditions prevailing therein and all other matters which can in any way affect the services under the contract.

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

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

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

EARNEST MONEY DEPOSIT (EMD): The bidders shall be required to deposit earnest money with the Bid for the due performance with the stipulation to keep the offer open till such date as specified in the Bid, under the conditions of Bid. The EMD will be @ 2% of the estimated cost i.e. 5,21,810/- (Five lakh Twenty-one thousand Eight hundred and Ten rupees only).

If the Bid is accepted, this earnest money (as mentioned above) will be returned to the successful bidder after the submission and verification of the Performance Guarantees as per clause 4.11 of GCC-Service (2018). The Earnest Money of other Bidders shall, save as herein before provided, be returned to them, but the Railway shall not be responsible for any loss or depreciation that may happen thereto while in their possession, nor be liable to pay interest thereon.

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

Exemption for MSEs for EMD will be as per GCC of service 2018.

The GCC for the services 2018 will be followed in any matter related PG or any other conditions of the contract.

Performance Guarantee: The successful bidder shall submit the Performance Guarantees (PG) at a rate of 5% of contractual value within 30 days of issue of the Letter of Acceptance (LOA) , but before signing of the contract agreement. These PGs shall be initially valid upto the stipulated date of completion and maintenance period, if any plus 60 days beyond that. In case, the time for completion of service gets extended, the contractor shall get the validity of PGs extended to cover such extended time for completion and maintenance period, if any of service plus 60 days. (Late submission of PG will be governed by clause 4.11 of GCC for services 2018).

The GCC for the services 2018 will be followed in any matter related PG or any other conditions of the contract.

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

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

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

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

Legal Obligations: The contractor shall be responsible for carrying out all legal obligations as may be required by the law. Broadly they are as under: •Contractor Labour (Regulation and Abolition) Act, 1970 •Minimum Wages Act, 1948 •Payment of Wages Act, 1936 •The Workman's Compensation Act, 1923 •Provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952 •Employees' State Insurance Act, 1948 •Employees' Pension Scheme, 1995 •Factories Act, 1948 •Enforcement of Employment of Manual Scavengers and construction of Dry Latrines (Prohibitions) Act, 1993 •Child Labour Act, 1986 •Apprentices Act, 1961 •Equal Remuneration Act , 1976 •Safai Karamcharis Act, 1993 •Industrial Disputes Act, 1947 •Maternity Benefit Act, 1961 •Trade Unions Act, 1926 •Payment of Bonus Act, 1965 •Payment of Gratuity Act, 1972 •Industrial Employment (Standing Orders) Act, 1946 •Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Determination of Contract: Right of Railway to determine the Contract : The Railway shall be entitled to determine and terminate the contract at any time should, in the Railway's opinion, the cessation of work becomes necessary owing to paucity of funds or from any other cause whatever, in which case the value of approved materials at site and/ or of work done to date by the Contractor will be paid for in full at the rate specified in the contract. Notice in writing from the Railway of such determination and the reasons therefore shall be conclusive evidence thereof. (Clause 7.1 of GCC for services 2018)

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

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

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

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

The bidders are required to observe the website to find out if any correction slips issued subsequent to uploading of the Tender. Railway reserves the right to make any additions/alterations to the tender uploaded and issue corrigendum to the same effect. In case the bidders fail to take note of the above corrigendum, the additions and alterations entered/effected in the corrigendum shall be binding upon the bidders and no claim what so ever will be entertained by Railway.

Consignee shall mean Senior Divisional Personnel Officer, Kharagpur, South Eastern Railway.

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

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 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 here under nor will it affect any rights of the railway there under.

If any information submitted by the tenderer is found to be false, forged or incorrect at any stage, the contract shall be liable for termination. The Performance Guarantee and Security Deposit available with the Railway Administration shall be liable to forfeiture. Further action, including banning of business dealings, may be taken against the contractor as per extant Railway rules and procedures. GCC for Services 2018 shall be followed.

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

The tender is governed by General Conditions of Contract for Service 2018 issued by Railway Board with latest amendments and Special Conditions of Contract. If any terms of tender document contradict the terms of GCC of services, in such case GCC for service 2018 will prevail. However, wherever the terms of GCC for services contradicts with the Special conditions of Contract of tender documents, in such case Special Conditions of Contract will prevail. The bidder must go through General Conditions of Contract for services 2018 (available at www.indianrailways.gov.in) and Special Conditions of Contract before quoting the rates.