Retro fitment of Air Conditioning in cabs with provision of thermal insulation of cabs in Electric Locomotives.

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

Note: Separate completed works of minimum required values shall also be considered for fulfillment of technical eligibility criteria for different components.

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

(a) The tenderer must have successfully completed or substantially completed any one of the following categories of work(s) during last 07(seven) years, ending last day of month previous to the one in which tender is invited: (i) Three similar works each costing not less than the amount equal to 30% of advertised value of the tender, or (ii) Two similar works each costing not less than the amount equal to 40% of advertised value of the tender, or (iii) One similar work costing not less than the amount equal to 60% of advertised value of the tender.

(b) (1) In case of tenders for composite works (e.g. works involving more than one distinct component, such as Civil Engineering works, S&T works, Electrical works, OHE works etc. and in the case of major bridges - substructure, superstructure etc.), tenderer must have successfully completed or substantially completed any one of the following categories of work(s) during last 07 (seven) years, ending last day of month previous to the one in which tender is invited: (i) Three similar works each costing not less than the amount equal to 30% of advertised value of each component of tender, or (ii) Two similar works each costing not less than the amount equal to 40% of advertised value of each component of tender, or (iii) One similar work each costing not less than the amount equal to 60% of advertised value of each component of tender. Note for b(1): Separate completed works of minimum required values shall also be considered for fulfillment of technical eligibility criteria for different components.

(b)(2)In such cases, what constitutes a component in a composite work shall be clearly pre-defined with estimated tender cost of it, as part of the tender documents without any ambiguity. (b) (3) To evaluate the technical eligibility of tenderer, only components of work as stipulated in tender documents for evaluation of technical eligibility, shall be considered. The scope of work covered in other remaining components shall be either executed by tenderer himself if he has work experience as mentioned in clause 7 of the Standard General Conditions of Contractor through subcontractor fulfilling the requirements as per clause 7 of the Standard General Conditions of Contract or jointly i.e., partly himself and remaining through subcontractor, with prior approval of Chief Engineer in writing. However, if required in tender documents by way of Special Conditions, a formal agreement duly not arised, legally enforceable in the court of law, shall be executed by the main contractor with the subcontractor for the component(s) of work proposed to be executed by the subcontractor(s), and shall be submitted along with the offer for considering subletting of that scope of work towards fulfillment of technical eligibility. Such subcontractor must fulfill technical eligibility criteria as follows: The subcontractor shall have successfully completed at least one work similar to work proposed for subcontract, costing not less than 35% value of work to be subletted, in last 5 years, ending last day of month previous to the one in which tender is invited through a works contract. Note: for subletting of work costing up to Rs 50 lakh, no previous work experience of subcontractor shall be asked for by the Railway. In case after award of contract or during execution of work it becomes necessary for contractor to change subcontractor, the same shall be done with subcontractor(s) fulfilling the requirements as per clause 7 of the Standard General Conditions of Contract, with prior approval of Chief Engineer in writing. Note for Item 10.1: Work experience certificate from private individual shall not be considered. However, in addition to work experience certificates issued by any Govt. Organization, work experience certificate issued by Public listed company having average annual turnover of Rs 500 crore and above in last 3 financial years excluding the current financial year, listed on National Stock Exchange or Bombay Stock Exchange, incorporated/registered at least 5 years prior to the date of closing of tender, shall also be considered provided the work experience certificate has been issued by a person authorized by the Public listed company to issue such certificates. In case tenderer submits work experience certificate issued by public listed company, the tenderer shall also submit along with work experience certificate, the relevant copy of work order, bill of quantities, bill wise details of payment received duly certified by Chartered Accountant, TDS certificates for all payments received and copy of final/last bill paid by company in support of above work experience certificate.

Definition of Similar nature of works: "Fitment/ commissioning of Air Conditioner of Indian Railway Rolling Stock" OR "Fabrication/Mechanical modification of Electric Loco/Diesel Loco/EMU/MEMU/DEMU/AC Coaches of Indian Railways"

In case tenderer submits work experience certificate issued by public listed company, the tenderer shall also submit along with work experience certificate, the relevant copy of work order, bill of quantities, billwise details of payment received duly certified by Chartered Accountant, TDS certificates for all payments received and copy of final/last bill paid by company in support of above work experience certificate.

The Price variation Clause (PVC) will not be applicable to this contract.

All the schedule rates are inclusive of GST charges.

Payment/recovery for increase/decrease in GST on works contract or imposition/removal of any tax/cess on Works Contract as per Clause 37 of GCC-April-2022 or latest.

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

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

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

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

The mandate form should be uploaded as per the attached format.

Please submit a certificate in the prescribed format (Enclosed in the document section as annexure-V) for verification/confirmation of the documents submitted for compliance with eligibility/qualifying criteria. Non-submission of the certificate or submission of certificate either not properly filled in, or in a format other than the prescribed format shall lead to summary rejection of your offer.

The firm should submit a copy of the PAN Card.

The firm should submit a copy of the GST document.

The firm should submit a Tender Form(First Sheest-1 ) and Tender Form (Second Sheet) as per Annexure-I in terms of GCC April 2022 have not been annexed while uploading the Tender Documents

The firm should submit Annexure -VIB duly certified by CA and the UDIAN number of CA should be mentioned and also submit the balance sheet along with annexure-VIB.

The firm should submit Bid security declaration.

The firm should submit a certificate in the prescribed format (Enclosed in the document section as annexure-V) for verification/confirmation of the documents submitted for compliance with eligibility/ qualifying criteria. Non-submission of the certificate or submission of certificate either not properly filled in, or in a format other than the prescribed format shall lead to summary rejection of your offer.

Sole proprietorship, partnership deeds, power of attorneys, etc if any should be uploaded.

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

If Firm is other than company/proprietary firm, Annexure-V(A) shall also be submitted by the each member of a partnership firm/ Joint venture (JV) / Hindu undivided family (HUF) / Limited Liability Partnership (LLP) etc. as the case may be. Non submission of above certificate(s), or submission of certificate either not properly filled in, or in a format other than the prescribed format shall result in Summarily rejection of his/their bid.

Submit the trade license

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.

This tender is governed by the General Condition of Contract for Works (2022) issued by the Railway Board with the latest amendments. All terms & conditions of the tender document will be governed by GCC for Works-2022 with all correction slips. The General Conditions of Contract-works can be seen on the Railway board website www.indianrailways.gov.in. Any terms of the tender contradict the terms of GCC (Works), in such case GCC for works-2022 will prevail. Tenderers must go through the General Conditions of Contract for works, available online before quoting the rates.

The intending tenderer is advised to study the tender papers carefully and also acquaint himself with the nature of the work and the matters pertaining there to them. Submission of tender shall be deemed to have been done after careful study and examination of tender papers with the full understanding of the implications thereof.

All offers shall be uploaded to the website through the authorized digital signature of bidders/contractors along with the submission of the cost of the Bid security. The cost of the Bid security can be directly paid through the online gateway facility provided in www.ireps.gov.in portal within the stipulated date and time of tender closing. The IREPS website should be monitored for any updates 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 period the tenderers can not withdraw their offer, subject to the period being extended further if required, by mutual agreement from time to time. Any intervention of the above condition will make the tenderer liable for forfeiture of his security deposit for the due performance of the foregoing stipulation.

Order of Precedence of Documents: In a tender/contract, in case of any difference, contradiction, or discrepancy, with regard to conditions of tender/contract, specifications, drawings, bill of quantities, etc., forming part of the tender/contract, the following shall be the order of precedence: i. Letter of Award ii. Schedule of Items, Rates & Quantities iii. Special Conditions of Contract iv. Technical Specifications as given in tender documents v.Drawings vi. Indian Railways Standard General Conditions of Contract updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents. vii. CPWD Specifications 2019 Vol I & II updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents, if applicable in the contract. viii. Indian Railways Unified Standard Specification (IRUSS- 2019) updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents, if applicable in the contract. ix. Indian Railways Unified Standard Specifications (Works and Material) 2010 updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents, if applicable in the contract. x.IR Specifications/Guidelines updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents. xi.Relevant B.I.S. Codes updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents.

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

Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works, that all conditions liable to be encountered during the execution of the works are taken into account and that the rates he entered in the tender form are adequate and all-inclusive to accord with the provisions in clause-37 of the General Conditions of Contract for the completion of work to the entire satisfaction of the engineer.

Execution of Contract Document: The Tenderer whose tender is accepted shall be required to appear in person at the office of DY.CEE(ERS-POH)/KGPW or concerned Engineer, as the case may be, or if the tenderer is a firm or corporation, a duly authorized the representative shall appear and execute the contract agreement within seven days of notice from Railways that the Contract Agreement is ready. The Contract Agreement shall be entered into by Railway only after submission of valid Performance Guarantee by the Contractor. Failure to do so shall constitute a breach of the agreement affected by the acceptance of the tender. 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 Earnest Money and other dues payable to the Contractor under this contract. The failed Contractor shall be debarred from participating in the retender for that work.

Tender credential: 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 not will it affect any rights of the railway thereunder

(a) In case of any information submitted by the tenderer is found to be false forged or incorrect at any time during the process for evaluation of tenders, it shall lead to forfeiture of the tender Earnest Money Deposit besides banning of business for a period of upto five years. (b) In case of any information submitted by the tenderer is found to be false forged or incorrect after the award of the contract, the contract shall be terminated. Earnest Money Deposit (EMD), 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 five years.

Rights of the Railway to deal with Tender: The authority for the acceptance of the tender will rest with the Railway. It shall not be obligatory on the said authority to accept the lowest tender or any other tender, and tenderer(s) shall neither demand any explanation for the cause of rejection of his/ their tender nor the Railway to assign reasons for declining to consider or reject any particular tender or tenders.

Provisions of the Make in India Policy 2017 issued by Govt. of India, as amended from time to time, shall be followed for consideration of tenders.

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.

If the tenderer(s) expire(s) after the submission of his / their tender or after the acceptance of his / their offer, the Railway shall deem such tender canceled. If a partner of a firm expires after the submission of their tender or after the acceptance of their tender, the Railway shall deem such tender as canceled, unless the firm retains its character.

Execution Co-Relation And Intent Of Contract Documents: (1) 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 work. Materials or works 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 described in words which so applied have a well-known technical or trade meaning, shall be held to refer to such recognized standards. 2. (2) If a work is transferred from the jurisdiction of one Railway to another Railway or to a Project authority or vice versa while contract is in subsistence, the contract shall be binding on the Contractor and the Successor Railway/Project in the same manner & take effect in all respects as if the Contractor and the Successor Railway/Project were parties thereto from the inception and the corresponding officer or the Competent Authority in the Successor Railway/Project will exercise the same powers and enjoy the same authority as conferred to the Predecessor Railway/Project under the original contract/agreement entered into. 2. (3) If for administrative or other reasons the contract is transferred to the Successor Railway, the contract shall, not withstanding any things contained herein contrary thereto, be binding on the Contractor and the Successor Railway in the same manner and take effect in all respects as if the Contractor and the Successor Railway had been parties thereto from the date of this contract.

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

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

Communications to be in Writing: All notices, communications, references, and complaints made by the Railway or the Engineer or the Engineer's Representative or the Contractor inter-se concerning the works shall be in writing, and no notice, communication, reference, or complaint not in writing shall be recognized.

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

Occupation And Use of Land: No land belonging to or in the possession of the Railway shall be occupied by the Contractor without the permission of the Railway. The Contractor shall not use, or allow to be used, the site for any purposes other than that of executing the works. Whenever non-railway bodies/persons are permitted to use railway premises with the competent authority's approval, conservancy charges as applicable from time to time may be levied.

Assignment or subletting of contract: The Contractor shall not assign or sublet the contract or any part thereof or allow any person to become interested therein in any manner whatsoever without the special permission in writing of the Chief Engineer, save as provided below. Any breach of this condition shall entitle the Railway to rescind the contract under Clause 62 of these Conditions and also render the Contractor liable for payment to the Railway in respect of any loss or damage arising or ensuing from such cancellation; provided always that execution of the details of the work by petty Contractor under the direct and personal supervision of the Contractor or his agent shall not be deemed to be sub-letting under this clause. In case Contractor intends to subcontract part of work, he shall submit a proposal in writing seeking permission of Chief Engineer for the same. While submitting the proposal to railway, Contractor shall ensure the following: (a) (i) Total value of work to be assigned to sub- contractor(s) shall not be more than 50% of total contract value. (ii)The subcontractor shall have successfully completed at least one work similar to work proposed for subcontract, costing not less than 35% value of work to be subletted, in last 5 years through a works contract directly given to him by a Govt. Department; or by a Public listed company having average annual turnover of Rs 500 crore and above in last 3 financial years excluding the current financial year, listed on National Stock Exchange or Bombay Stock Exchange, registered at least 5 years back from the date of submission of proposal by Contractor to Railway and work experience certificate issued by a person authorised by the Public Listed Company to issue such certificates. In case contractor submits subcontractor's work experience certificate issued by public listed company, the contractor shall also submit along with work experience certificate, the relevant copy of work order, bill of quantities, bill wise details of payment received duly certified by Chartered Accountant, TDS certificates for all payments received and copy of final/last bill paid by company in support of above work experience certificate. (iii)There is no banning of business with the subcontractor in force over IR. (b)The Contractor shall provide to the Engineer a copy of the agreement to be entered into by Contractor with subcontractor. No subcontractor shall be permitted without a formal Agreement between Contractor and subcontractor. This agreement shall clearly define the scope of work to be carried out by subcontractor and the terms of payment in clear & unambiguous manner. (c)On receipt of approval from Chief Engineer, Contractor shall enter into a formal agreement legally enforceable in Court of Law with subcontractor and submit a copy of the same to the Engineer. (d) The Contractor shall intimate to the Engineer not less than 7 days in advance, the intended date of commencement of subcontractor's work. (e)Once having entered into above arrangement, Contractor shall discontinue such arrangement, if he intends to do so at his own or on the instructions of Railway, with prior intimation to Chief Engineer. (f) The Contractor shall indemnify railway against any claim of subcontractor. (g) The Contractor shall endeavour to resolve all matters and payments amicably and speedily with the sub-contractor.

(h) In addition to issuance of work experience certificate to Contractor, the Engineer, when, based on documents, is satisfied that subcontracted work has been carried out by subcontractor, shall issue work experience certificate to the subcontractor also for the portion of work subcontracted and successfully completed by the sub-contractor. (i)The responsibility of successful completion of work by subcontractor shall lie with Contractor. Subcontracting will in no way relieve the Contractor to execute the work as per terms of the Contract. (j)Further, in case Engineer is of the view that subcontractor's performance is not satisfactory, he may instruct the Contractor to remove the subcontractor from the work and Contractor has to comply with the above instructions with due promptness. Contractor shall intimate the actual date of discontinuation of subcontract to Engineer. No claim of Contractor whatsoever on this account shall be entertained by the Railway and this shall be deemed as 'excepted matter' (matter not arbitrable). (k) The permitted subcontracting of work by the Contractor shall not establish any contractual relationship between the subcontractor and the Railway and shall not relieve the Contractor of any responsibility under the Contract.

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

Bid security: (1)(a)The tenderer shall be required to deposit 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 For works estimated to cost up to 1 crore 2% of the estimated cost of the work. 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 of1 crore. Note: (i)The Bid security shall be rounded OFF the nearest 100. This Bid Security shall be applicable for all modes of tendering. (ii) Any firm recognized by the epartment of Industrial Policy and Promotion (DIPP) as 'Startups' shall be exempted from payment of Bid security deposit detailed above. (iii) 100% Govt. owned PSUs shall be exempt from payment of earnest money deposit detailed above. (iv)Labour Cooperative Societies shall deposit only 50% of above Bid security deposit detailed above. 1(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. 1(c) If his tender is accepted this Bid security mentioned in subclause (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 in cash through e-payment gateway or as mentioned in tender documents.

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 the 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(Twentyone) days, i.e. from 22nd day after the date of issue of LOA. Further, if the 60th day 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 Earnest Money Deposit and other dues payable against that contract. In case a tenderer has not submitted Bid security Deposit 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 contract value: (i)A deposit of Cash; (ii) Irrevocable Bank Guarantee; (iii)Government Securities including State Loan Bonds at 5% below the market value; ( iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of Performance Guarantee could be either of the State Bank of India or of any of the Nationalized Banks; (v)Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks; (vi)Deposit in the Post Office savings 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.

(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 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 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. (e) Whenever the contract is rescinded, the Performance Guarantee already submitted for the contract shall be encashed in addition to forfeiture of Security Deposit available with railway.

(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 (notwithstanding 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 the 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 the Engineer. (iii) The Contract being determined or rescinded under clause 62 of the GCC (h)

Security Deposit: The Bid security by the Contractor with his tender will be retained by the Railways as part of security for the due and faithful fulfillment of the contract by the Contractor. The Security Deposit shall be 5% of the contract value. Security Deposit may be deposited by the Contractor before release of first on-account bill in cash or Term Deposit Receipt issued from Scheduled Bank, 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. Further, in case of contracts having value equal to or more than 50 crore (Rs Fifty crore) the Security Deposit may be deposited as Bank Guarantee Bond also, issued by a scheduled bank after execution of contract documents, but before payment of 1st on account bill. Provided further that the validity of Bank Guarantee Bond shall be extended from time to time, depending upon extension of contract granted in terms of Clause 17 of the Standard General Conditions of Contract. Further, in case Security Deposit has been submitted as Term Deposit Receipt/Bank Guarantee Bond in full amount, the Earnest Money deposited by the Contractor with his tender will be returned by the Railways. Note : After the work is physically completed as certified by competent authority, Security Deposit recovered from the running bills of a Contractor can be returned to him, if he so desires, in lieu of Term Deposit Receipt/ Irrevocable Bank Guarantee for equivalent amount from Scheduled Bank, to be submitted by him.

Force Majeure Clause: If at any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract shall be prevented or delayed by reason of any war, hostility, acts of public enemy, civil commotion, sabotage, serious loss or damage by fire, explosions, epidemics/ pandemics, strikes , lock outs or acts of God (hereinafter, referred to events) provided, notice of the happening of any such event is given by either party to the other within 30 days from the date of occurrence thereof, neither party shall by reason of such event, be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non-performance of delay in performance, and works under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist, and the decision of the Engineer as to whether the works have been so resumed or not shall be final and conclusive, PROVIDED FURTHER that if the performance in whole or in part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 120 days, either party may at its option terminate the contract by giving notice to the other party.

Extension Of Time In Contracts: Subject to any requirement in the contract as to completion of any portions or portions of the works before completion of the whole, the contractor shall fully and finally, complete the whole of the works comprised in the contract (with such Modifications as may be directed under conditions of this contract) by the date entered in the contract or extended date in terms of the following clauses: (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 and in any case not less than one month before the expiry of the date fixed for completion of the works. (ii) Extension For Delay Not Due To Railway Or Contractor: 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 neighboring 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 endeavors 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 work. 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. The Engineer on receipt of such request from the Contractor shall consider the same and shall grant 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.

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 17-A, the Railway may, if satisfied that the works can be completed by the Contractor within reasonable short time thereafter, allow the Contractor for further extension of time 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 following rates of the contract value of the works.

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 therefore, but in any such case, the Railway may grant such extension or extensions of the completion date as may be considered reasonable.

Extension of Time 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 17-A, the Railway may, if Satisfied that the works can be completed by the Contractor within reasonable short time thereafter, allow the Contractor for further extension of time 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 following rates of the contract value of the works.

Illegal Gratification: Any bribe, commission, gift or advantage given, promised or offered by or on behalf to the Contractor or his partner, agent or servant or, anyone on his behalf, to any officer or employee of the Railway, or to any person on his behalf in relation to obtaining or execution of this or any other contract with the Railway shall, in addition to any criminal liability which he may incur, subject contractor to the rescission of the contract and all other contracts with the Railway and to the payment of any loss or damage resulting from such decision and the Railway shall be entitled to deduct the amounts so payable from any money due to the Contractor(s) under this contract or any other contracts with the Railway.

The Contractor shall not lend or borrow from or have or enter into any monitory dealings or transactions either directly or indirectly with any employee of the Railway and if he shall do so, the Railway shall be entitled forthwith to rescind the contract and all other contracts with the Railway. Any question or dispute as to the commission or any such offense or compensation payable to the Railway under this Clause shall be settled by the General Manager of the Railway, in such a manner as he shall consider fit & sufficient and his decision shall be final & conclusive. In the event of rescission of the contract under this Clause, the Contractor will not be paid any compensation whatsoever except payments for the work done up to the date of rescission.

Commencement Of Works: The Contractor shall commence the works within 15 days after the receipt by him of an order in writing to this effect from the Engineer and shall proceed with the same with due expedition and without delay.

Compliance to Engineer's Instructions: The Engineer shall direct the order in which the several parts of the works shall be executed and the Contractor shall execute without delay all orders given by the Engineer from time to time, but the Contractor shall not be relieved thereby from responsibility for the due performance of the works in all respects.

Damage to Railway Property or Private Life and Property:- The Contractor shall be responsible for all risk to the work and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of the Railway or the lives, persons, or property of others on account of any negligence of contractor in connection with the works until they are taken over by the Railway and in case the Railway shall be called upon to make good any costs, loss, or damages, or to pay any compensation, including that payable under the provisions of the Workmens Compensation Act or any statutory amendments therefore to any person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the Contractor the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Railway may incur in reference thereto, shall be charged to the Contractor. The Railway shall have the power and right to pay or to defend or compromise any claim or threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the Contractor, to take such steps as may be considered necessary or desirable to ward off or mitigate the effect of such proceedings charging to Contractor, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, Defence, or compromise, and the incurring of any such expenses shall not be called into question by the Contractor.

Provision Of Staff: - 1. The Contractor shall place and keep on the works at all times efficient and competent staff to give the necessary directions to his workmen and to see that they execute their work in sound & proper manner and shall employ only such supervisors, workmen & labourers in or about the execution of any of these works as are careful and skilled in the various trades. 2. The Contractor shall at once remove from the works any agents, permitted sub- contractor, supervisor, workman or labourer who shall be objected to by the Engineer and if and whenever required by the Engineer, he shall submit a correct return showing the names of all staff and workmen employed by him. 3. 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 workmen as is necessary for proper completion of the works within the time prescribed, the Contractor shall forthwith on receiving intimation to this effect deploy the additional number of staff and labour as specified by the Engineer within seven days of being so required and failure on the part of the Contractor to comply with such instructions will entitle the Railway to rescind the contract under Clause 62 of these conditions. A.1 The Contractor shall also employ qualified Graduate Engineer(s) or equivalent, or qualified Diploma Engineer(s), as prescribed in the tender documents. A.2 In case the Contractor fails to employ the Engineer, as aforesaid in Para 26A.1, he shall be liable to pay liquidated damages at the rates, as prescribed in the tender documents. A.3 No. 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'.

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.

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. (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 (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 agreement value. d.(I) Quantities operated up to 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, the variation limit of 25% shall apply to the gross quantity of earthwork and variation in the quantities of individual classifications of soil shall not be subject to this limit. (v) In case of foundation work, no variation limit shall apply and the work shall be carried out by the Contractor on agreed rates irrespective of any variation. (vi) As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a whole and not on individual SOR items. However, in case of NS items, the limit of 25% would apply to 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 Schedule of Rates. Any extra items/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.

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 any excess amount paid to him if as a result of such examination, any overpayment 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.

Provisions of Payments of Wages Act: The Contractor shall comply with the provisions of the Payment of Wages Act, 1936 and the rules made there under in respect of all employees directly or through petty Contractors or sub- Contractors employed by him in the works. If in compliance with the terms of the contract, the contractor directly or through petty contractors or subcontractors shall supply any labour to be used wholly or partly under the direct orders and control of the Engineer whether in connection with the works to be executed hereunder or otherwise for the purpose of the Engineer. Such Labour shall nevertheless 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 the Engineer may on failure of the Contractor to repay such money to the Railways deduct the same from any money due to the contractor in terms of the contract. The Railway shall be entitled to deduct from any money due to the Contractor (whether under this contract or any other contract) all money paid or payable by the Railway by way of compensation of aforesaid or for costs of expenses in connection with any claim thereto and the decision of the Engineer upon any question arising out of the effect or force of this clause shall be final and binding upon the Contractor.

Provisions of Contract Labour (Regulation and Abolition) Act, 1970:

The Contractor shall comply with the Provision of Contract Labour (Regulation and Abolition) Act, 1970 and the Contract Labour (Regulation and Abolition) Central Rules, 1971 as modified from time to time, wherever applicable and shall also indemnify the Railway from and against any claims under the aforesaid Acts and the Rules.

The Contractor shall obtain a valid labour license under the aforesaid Act as modified from time to time before the commencement of the work and continue to have a valid license until the completion of the work. Any failure to fulfill this requirement shall attract the penal provisions of the contract arising out of the resultant non-execution of the work.

The Contractor shall pay to Labour employed by him directly or through sub- Contractors the wages as per provisions of the aforesaid Act and the Rules wherever applicable. The Contractors shall notwithstanding the provisions of the contract to the contrary, cause to be paid the wages to Labour indirectly engaged in the works including any engaged by sub-Contractors in connection with the said work, as if the Labour had been immediately employed by him.

In respect of all Labour directly or indirectly employed in the work for the performance of the Contractors part of the contract, the Contractor shall comply with or cause to be complied with the provisions of the aforesaid Act and the Rules wherever applicable.

In every case in which, by virtue of the provisions of the aforesaid Act or the Rules, the Railway is obliged to pay any amount of wages to a workman employed by the Contractor or his sub-contractor in execution of the work or to incur any expenditure in providing welfare and health amenities required to be provided under the aforesaid Act and the Rules or to incur any expenditure on account of the contingent liability of the Railway due to the Contractor's failure to fulfill his statutory obligations under the aforesaid Act or the Rules the Railway will recover from the Contractor the amount of wages so paid or the amount of expenditure so incurred and without prejudice to the rights of the Railway under Section 20 Sub-section (2) and Section 2, Sub-section (4) of aforesaid Act, the Railway shall be at liberty to recover such amount or part thereof by deducting it from the security deposit and/or from any sum due by the Railway to the Contractor whether under the contract or otherwise. The Railway shall not be bound to contest any claim made against it under subsection (1) of Section 20 and Subsection (4) of section 2 1 of the aforesaid Act except on the written request of the Contractor and upon his giving to the Railway full security for all costs for which the Railway might become liable in contesting such claim. The decision of the Railway regarding the amount actually recoverable from the Contractor as stated above, shall be final and binding on the Contractor.

Provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952: The contractor shall comply with the provisions of Para 30 & 36-B of the Employees Provident Fund Scheme, 1952; Para 3 & 4 of Employees' Pension Scheme, 1995; and Para 7 & 8 of Employees Deposit Linked Insurance Scheme, 1976; as modified from time to time through enactment of "Employees Provident Fund & Miscellaneous Provisions Act, 1952", wherever applicable, and shall also indemnify the Railway from and against any claims under the aforesaid Act and the Rules.

Contractor is to abide by the provisions of various labour laws in terms of above clauses 54, 55, 55-A and 55-B of Indian Railways Standard General Conditions of Contract. In order to ensure the same, an application has been developed and hosted on website www.shramikkalyan.indianrailways.gov.in'. The contractor shall register his firm/company etc. and upload requisite details of labour and their payment in this portal.

Reporting of Accidents: The Contractor shall be responsible for the safety of all employees directly or through petty Contractors or sub Contractors employed by him on the works and shall report serious accidents to any of them however and wherever occurring on the works to the engineer or the engineer representative and shall make every arrangement to render all possible assistance.

Provision of Workmen Compensation Act: - In every case in which by virtue of the provisions of Section 12 Sub-section ( 1 ) of the Workmen Compensation Act 1923 , Railway is obliged to pay compensation to a workman directly or through petty Contractor or sub-contractor employed by the Contractor in executing the work, Railway will recover from the Contractor the amount of the compensation so paid, and, without prejudice to the rights of Railway under Section 12 Sub-section (2) of the said Act, Railway shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by Railway to the Contractor whether under these conditions or otherwise. Railway shall not be bound to contest any claim made against it under Section 12 Sub-section (1) of the said Act except on the written request of the Contractor and upon his giving to the Railway full security for all costs for which the Railway might become liable in consequence of contesting such claim.

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

Right of railway to determine the contract: The Railway shall be entitled to determine and terminate the contract at any time should, in the Railways 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 material 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 therefore shall be conclusive evidence thereof.

Payment of determination of contract: Should the contract be determined under subclause (a) of this clause and the Contractor claims payment for expenditure incurred by him in the expectation of completing the whole of the work, the Railway 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.

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.

1) Determination of Contract owing to Default of Contractor: If the Contractor should: (I) Becomes bankrupt or insolvent, or (ii)Make an arrangement for assignment in favour of his creditors, or agree to carry out the contract under a Committee of Inspection of his creditors, or (iii) Being a Company or Corporation, go into liquidation (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), or (iv) Have an execution levied on his goods or property on theworks, or (v) Assign the contract or any part thereof otherwise than as provided in Clause 7 of these Conditions, or (vi) Abandon the contract, or (vii) Persistently disregard the instructions of the Engineer, or contravene any provision of the contract, or (viii) Fail to adhere to the agreed programme of work by a margin of 10% of the stipulated period, or (ix) Fail to Execute the contract documents in terms of Clause 8 of the Regulations for Tenders and Contracts. (x) Fails to submit the documents pertaining to identity of JV and PAN in terms of Clause 17.11 of Tender Form available in the Regulations for Tenders and Contracts. (xi) Fail to remove materials from the site or to pull down and replace work after receiving from the Engineer notice to the effect that the said materials or works have been condemned or rejected under Clause 25 and 27 of these Conditions, or (xii) Fail to take steps to employ competent or additional staff and labour as required under Clause 26 of the Conditions, or (xiii) Fail to afford the Engineer or Engineer's representative proper facilities for inspecting the works or any part thereof as required under Clause 28 of the Conditions, or (xiv) Promise, offer or give any bribe, commission, gift or advantage either himself or through his partner, agent or servant to any officer or employee of the Railway or to any person on his or on their behalf in relation to the execution of this or any other contract with this Railway. (xv) Fail to adhere to the provisions of Clause 16 of Tender Form (Second Sheet) of Annexure-I of Part I 'Regulations for Tenders and Contract', or provision of above Clause 59(9). (xvi) Submits copy of fake documents/certificates in support of credentials, submitted by the tenderer Then and in any of the said Clause, the Engineer on behalf of the Railway may serve the Contractor with a notice (Proforma at Annexure-IX) in writing to that effect and if the Contractor does not within seven days after the delivery to him of such notice proceed to make good his default in so far as the same is capable of being made good and carry on the work or comply with such directions as aforesaid to the entire satisfaction of the Engineer, the Railway shall be entitled after giving 48 hours' notice (Proforma at Annexure-X or XII, as the case may be) in writing under the hand of the Engineer to rescind the contract as a whole or in part or parts (as may be specified in such notice) and after expiry of 48 hours' notice, a final termination notice (Proforma at Annexure-XI or XIII, as the case may be) should be issued. Note: Engineer at his discretion may resort to the part termination of contract with notices (Proforma at Annexure- IX, XII and XIII), only in cases where progress of work is more than or equal to 80% of the original scope of work.

Right of Railway after Rescission of Contract owing to Default of Contractor: In the event of any or several of courses referred to in sub-clause (1) of this clause, being adopted.

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

(b)In the contract which has been rescinded as a whole, the Security Deposit already with railways under the contract shall be encashed/ forfeited and the Performance Guarantee already submitted for the contract shall be encashed. The balance work shall be got done independently without risk & cost of the failed Contractor. The failed Contractor shall be debarred from participating in the tender for executing the balance work. If the failed Contractor is a JV or a Partnership firm, then every member/partner of such a firm shall be debarred from participating in the tender for the balance work in his/her individual capacity or as a partner of any other JV /partnership firm. Further the authorized representative of failed Contractor cannot be accepted as authorized representative in new contract.

(c) In the contract rescinded in part or parts, (i) The full Performance Guarantee for the contract shall be recovered. No additional Performance Guarantee shall be required for balance of work being executed through the part terminated contract. The contract value of part terminated contract stands reduced to the balance value of work under the contract. (ii) The Security Deposit of part terminated contract shall be dealt as per clause 16(2) of GCC. (iii) The defaulting Contractor shall not be issued any completion certificate for the contract. (iv) The balance work shall be got done independently without risk & cost of the failed Contractor. The failed Contractor shall be debarred from participating in the tender for executing the balance work. If the failed Contractor is a JV or a Partnership firm, then every member/partner of such a firm shall be debarred from participating in the tender for the balance work in his/her individual capacity or as a partner of any other JV /partnership firm. (v) Further the authorized representative of failed Contractor will not be accepted as authorized representative in new contract.

(d) The Engineer or the Engineer's Representative shall be entitled to take possession of any materials, tools, implements, machinery and buildings on the works or on the property on which these are being or ought to have been executed, and to retain and employ the same in the further execution of the works or any part thereof until the completion of the works without the Contractor being entitled to any compensation for the use and employment thereof or for wear and tear or destruction thereof. (e) The Engineer shall as soon as may be practicable after removal of the Contractor fix and determine exparte or by or after reference to the parties or after such investigation or enquiries as he may consider fit to make or institute and shall certify what amount (if any) had at the time of rescission of the contract been reasonably earned by or would reasonably accrue to the Contractor in respect of the work then actually done by him under the contract and what was the value of any unused, or partially used materials, any constructional plant and any temporary works upon the site. The legitimate amount due to the Contractor after making necessary deductions and certified by the Engineer should be released expeditiously.

Settlement of disputes: Conciliation of Disputes: All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract, shall be referred by the Contractor to the "Chief Engineer" or "Divisional Railway Manager" through "Notice of Dispute" provided that no such notice shall be served later than 30 days after the date of issue of Completion Certificate by the Engineer. Chief Engineer or Divisional Railway Manager shall, within 30 days after receipt of the Contractor's "Notice of Dispute", notify the name of conciliator(s) to the Contractor. The Conciliator(s) shall assist the parties to reach an amicable settlement in an independent and impartial manner within the terms of contract. If the parties reach agreement on a settlement of the dispute, they shall draw up and sign a written settlement agreement duly signed by Engineer In-charge, Contractor and conciliator(s). When the parties sign the settlement agreement, it shall be final and binding on the parties. The parties shall not initiate, during the conciliation proceedings, any arbitral or judicial proceedings in respect of a dispute that is the subject matter of the conciliation proceedings. The conciliation proceedings shall be terminated as per Section 76 of 'The Arbitration and Conciliation Act, 1996. 63.1 Matters Finally Determined by the Railway: All disputes and differences of any kind whatsoever arising out of or in connection with the contract,whether during the progress of the work or after its completion and whether before or after the determination of the contract, shall be referred by the Contractor to the GM and the GM shall, within 120 days after receipt of the Contractor's representation, make and notify decisions on all matters referred to by the Contractor in writing provided that matters for which provision has been made in Clauses 7(j), 8, 18, 22(5), 39, 43(2), 45(I) (a), 55, 55-A(5), 57, 57A,61(1), 61(2) and 62(1) of Standard General Conditions of Contract or in any Clause (stated as excepted matter) of the Special Conditions of the Contract, shall be deemed as 'excepted matters' (matters not arbitrable) and decisions of the Railway authority thereon shall be final and binding on the Contractor; provided further that 'excepted matters' shall stand specifically excluded from the purview of the Arbitration Clause.

Demand for Arbitration:

(i) In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account or as to the withholding by the Railway of any certificate to which the contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days, then and in any such case, but except in any of the excepted matters referred to in clause 63 of GCC, the contractor, after 120 days but within 180 days of his presenting his final claim on disputed matters, shall demand in writing that the dispute or difference be referred to arbitration.

(a) The demand for arbitration shall specify the matters, which are in question or subject of the dispute or difference as also the amount of claim item-wise. Only such dispute(s) or difference(s) in respect of which the demand has been made, together with counter claims or set-off shall be referred to arbitration and other matters shall not be included in the reference. (b) The parties may waive off the applicability of Sub-Section 12(5) of the Arbitration and Conciliation (Amendment) Act 2015 if they agree for such waiver in writing after dispute having arisen between them.

(a)The Arbitration proceedings shall be assumed to have commenced from the day, a written and valid demand for arbitration is received by the Railway. (b)The claimant shall submit his claims stating the facts supporting the claims along with all relevant documents and the relief or remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral Tribunal. (c)The Railway shall submit its defence statement and counter claim(s), if any, within a period of 60 days of receipt of copy of claims from Tribunal thereafter, unless otherwise extension has been granted by Tribunal. (d)Place of Arbitration: The place of arbitration would be within the geographical limits of the Division of the Railway where the cause of action arose or the Headquarters of the concerned Railway or any other place with the written consent of both the parties.

No new claim shall be added during proceedings by either party. However, a party may amend or supplement the original claim or defence thereof during arbitration proceedings subject to acceptance by Tribunal having due regard to the delay in making it.

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

Obligation during pendency of arbitration. - Work under the contract shall, unless otherwise directed by the Engineer, continue during the arbitration proceedings, and no payment due or payable by the Railway shall be withheld on account of such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider and decide whether or not such work should continue during arbitration proceedings.

(i) In cases where the total value of all claims in question added together does not exceed Rs.1,00,00,000/-(Rupees One Crore only), the Arbitral Tribunal shall consist of a Sole Arbitrator who shall be a Gazetted officer of Railway not below JA grade nominated by the General Manager. The sole arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by GM. (II) In cases not covered by the above clause the Arbitral Tribunal shall consist of a panel of three Gazetted Railway Officers not below JA grade or 2 Railway Gazetted Officers not below JA Grade and a retired Railway Officer, retired not below the rank of SAG Officer, as the arbitrators. For this purpose, the Railway will send a panel of more than 4 names of Gazetted Railway Officers of one or more departments of the Railway which may also include the names of retired Railway Officers empanelled to work as Railway Arbitrator to the contractor within 60 days from the day when a written and valid demand for arbitration is received by GM. Contractor will be asked to suggest to General Manager at least 2 names out of the panel for appointment as contractors nominee within 30 days from the date of dispatch of the request by Railway. The General Manager shall appoint at least one out of them as the contractors nominee and will, also simultaneously appoint the balance number of arbitrators either from the panel or from outside the panel, duly indicating the presiding arbitrator from amongst the 3 arbitrators so appointed. GM shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of contractors' nominees. While nominating the arbitrators, it will be necessary to ensure that one of them is from the Accounts Department. An officer of the Selection Grade of the Accounts Department shall be considered of equal status to the officers in the SA grade of other departments of the Railway for the purpose of appointment of the arbitrator.

(I) While appointing arbitrator(s) under sub-clause above, due care shall be taken that he/they is/are not the one/those who had an opportunity to deal with the matters to which the contract relates or who in the course of his/their duties as Railway servant(s) expressed views on all or any of the matters under dispute or differences. The proceedings of the Arbitral Tribunal or the award made by such Tribunal will, however, not be invalid merely for the reason that one or more arbitrator had, in the course of his service, opportunity to deal with the matters to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute.

(i) The arbitral award shall state item wise, the sum and reasons upon which it is based. The analysis and reasons shall be detailed enough so that the award could be inferred therefrom. (ii) A party may apply for corrections of any computational errors, any typographical or clerical errors or any other error of similar nature occurring in the award of a Tribunal and interpretation of a specific point of award to Tribunal within 60 days of receipt of the award. (iii) A party may apply to tribunal within 60 days of receipt of award to make an additional award as to claims presented in the arbitral proceedings but omitted from the arbitral award.

In case of the Tribunal, comprising of three Members, any ruling on award shall be made by a majority of Members of Tribunal. In the absence of such a majority, the views of the Presiding Arbitrator shall prevail. Where the arbitral award is for the payment of money, no interest shall be payable on whole or any part of the money for any period till the date on which the award is made. The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia include fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to time and the fee shall be borne equally by both the parties. Further, the fee payable to the arbitrator(s) would be governed by the instructions issued on the subject by Railway Board from time to time irrespective of the fact whether the arbitrator(s) is/are appointed by the Railway Administration or by the court of law unless specifically directed by Honble court otherwise on the matter. Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996 and the rules there under and any statutory modifications thereof shall apply to the arbitration proceedings under this clause.

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

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

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

The contractor shall ensure that his men wear Uniforms with distinguished logo and identification with Cap, Shoes and Hand Gloves at all the time while working.

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

Railway representative may check the attendance register of the man deployed by contractor on daily basis to ensure proper deployment before commencement of work by contractor. The attendance shall be recorded in a register maintained by the contractor supervisory staff and the contractors men shall have to sign on a daily basis. Such record to be produced on demand by railways authorized representative.

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, specifications, rules/Laws stated therein.

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, specifications, rules/Laws stated therein.

Adherence to Specifications: - The whole of the works shall be executed in perfect conformity with the specifications, scope of work and special terms and conditions of contract. If Contractor performs any works in a manner contrary to the specifications or any of them and without such reference to the DY.CEE(ERSPOH)/KGPW, he shall bear all the costs arising or ensuing there from and shall be responsible for all losses of the Railway.

Damage from Accidents: The Contractor shall take all precautions against damages from accidents. No compensation will be allowed to the Contractor for his staff, tools, plants, materials, machines and other equipment lost or damaged by any cause whatsoever. The Contractor shall be liable to make good the damages. No claims in this regard will be arbitral.

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 work/contract, shall be settled by Railways and his decision shall be final and binding on the contractor/tenderer(s).

Liquidated damages clause: As per GCC April-2022 or latest GCC.

Extension Clause: If such failures as aforesaid arises from any cause which Railway Administration may admit as being a reasonable ground for extension of time, DY.CEE(ERSPOH)/KGPW, may allow such additional time as he may consider to be reasonable for completion of work. The contractor will not be entitled for any compensation; however decision of DY.CEE(ERS-POH)KGPW in this respect shall be final and binding.

Payment terms: - The standard payment terms subject to recoveries of any amount under the liquidated damages clause of contract will be as per latest rules. Payment as above shall be subject to any deductions of any amount for which the contractor is liable under the contract against this tender including penalty as specified in penalty clause or any other contract in respect of which the President of India is the contracting authority.

Terms of Payment: 100% payment will be arranged through NEFT system as per the enclosed mandate format. The firm is advised to submit the format duly filled in the Bank details and payment will be made after filling the measurement book with DY.CEE(ERSPOH)/KGPW. The contractor should submit bills for Labour charges and the cost of spares parts after each service. The Tenderer shall submit a certified copy of tax submitted as per prevailing rates on the bill value is recoverable from the contract bills, if required.

As per the latest GCC with all of its correction slips to be followed.

EXTENSION OF TIME FOR COMPLETION OF CONTRACT: The contract for the entire work will be valid for a period of 24 months from the date of issue of letter of acceptance. However, extension of the contract either on Railway's account or on contractor's account or any tender conditions will be dealt with as per general condition of contract of S.E.Railway 2022 or latest wit h all correction slips.

The option of payment through LC has been enabled for all tenders published after 06.06.2018 18.00 Hrs whose value is equal to or greater than Rs.10 Lacs. Please publish this tender only after ensuring that the tender conditions have been modified in accordance with board's letter no. 2018/CE-I/CT/9 dated 04.06.2018.

KHARAGPUR WORKSHOP TIMINGS. i. Working hours:8:00AM to 5:10PM ii. Lunch brake:12:40PM to 1:30PM iii. Amenities Provided: Drinking water, Toilets. iv. Weekly rest:1/2 day rest on Saturday and Full day rest on Sunday. v. Holidays: As per work shop list of Holidays.

Aadhaar base gate pass: Before execution of work, contractor has to submit two copies of passport size photograph along with Xerox copy of Aadhaar card for issuance of Aadhaar base gate pass for deployed labours. Contractor needs to duly fill up the form for same as per form no.KGPWCW0001&2. The contractor has to submit a Police verification certificate for every deployed employee.

Terms of payment: - i.100% Payment will be made based on the number of locomotives completed during the billing period. ii. Income tax & others will be deducted from the contractor's Bill. Bills, correct in all respects, shall be submitted to DY.CEE (ERSPOH)/KGPW, KHARAGPUR WORKSHOP, SOUTH EASTERN RAILWAY. in duplicate along with completion certificate, warranty Certificate, GST Invoice, Inspection Certificate & other relevant documents, if any, who will arrange payment through Sr.A.F.A (Co-Ord)/KGPWS, KHARAGPUR S.E.Rly.

Bill passing authority: Dy. CEE (ERS-POH)/KGPW Bill Paying authority: DY.FA&CAO/WS/KGP

Shramikkalyan portal : Contractor is to abide by the provisions of payment of Wages act & Minimum Wages act in terms of clause 54 and 55 of Indian Railways General Condition of Contract. In order to ensure the same, an application has been developed and hosted on website www.shramikkalyan.indianrailways.gov.in'.Contractor shall register his firm/company etc. and upload requisite details of labour and their payment in this portal. These details shall be available in public domain. The Registration/updation of Portal shall be done asunder: (a) Contractor shall apply for one-time registration of his ompany/firm etc. In the Shramikkalyan portal with requisite details subsequent to issue of Letter of Acceptance. Engineer shall approve the contractor's registration on the portal within 7 days of receipt of such request. (b) Contractor once approved by any Engineer, can create password with login ID (PAN No.) for subsequent use of portal for all LOAs issued in his favour. (c) The contractor once registered on the portal, shall provide details of his Letter of Acceptance (LOA)/Contract Agreements on Shramik kalyan portal within 15 days of issue of any LOA for approval of concerned engineer. Engineers shall update (if required) and approve the details of LOA filled by contractor within 7 days of receipt of such request. (d) After approval of LOA by Engineer, contractor shall fill the salient details of contract labours engaged in the contract and ensure updating of each wage payment to them on Shramik kalyan portal on monthly basis.(e) It shall be mandatory upon the contractor to ensure correct and prompt uploading of all salient details of engaged contractual labour & payments made there of after each wage period. While processing payment of any 'On Account Bill 'or' FinalBill' contractor shall submit a job completion certificate and for release of 'Performance Guarantee/Security Deposit', the contractor shall submit Job completion and No-claim certificate to the Engineer or Engineer's representatives.

The contractor has to undertake the work of Retro fitment of Air Conditioning in cabs with provision of thermal insulation of cabs in Electric Locomotives at ERS- POH/KGP in accordance with the scope of work specified in the Scope of work the contractor will have to use requisite M&P, material and adequate manpower. Scope of work is enclosed. Retro fitment of Air Conditioning in cabs with provision of thermal insulation of cabs in each Electric Locomotives should be completed within 14 Working days from the date offered for the work with adequate Competent manpower and also one Diploma holder supervisor is to be engaged and the entire work should be completed within 12 months.

Work specified in a similar nature of work will only be considered for technical eligibility criteria if the job completion certificate comprises more than one work submitted by the bidder. (Work experience certificate clearly stated that the amount of contractual work fully filled the eligibility criteria.)