Annual Repair Contract (ARC) of Cummins Make Engines of Tower Car/Tower Wagons in Bilaspur Division for 02 years.

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.

GENERAL INSTRUCTIONS TO TENDERERS For e-Tenders

E-tender have been invited for and on behalf of the President of India through website www.ireps.gov.in for the work mentioned against the tender notice number available in the website. Tenderers are to bid online only in the above mentioned website. All Mandatory fields marked with (*) have to be filled in by the tenderer. No Manual offer is acceptable against this tender. No Tender document in hard copy will be sold against this tender Please read the Instructions to Tenderers for e- tendering, General Conditions of Contract, Special Condition of Contract before filling the e-tender through online.

E-Tender forms are not transferable and the same is to be submitted with digital signature by the Tenderer already registered with the site.

The submitted e-tender forms will be considered as digitally signed by the tenderer as a confirmation from the tenderer that the tenderer has read, agreed and accepted all the conditions and laid down documents as well as Schedule of Tender, General and Special Conditions.

The tender offer complete in all respect and with all documents is to be submitted online by e-tendering process through the website www.ireps.gov.in before the closing time/date of this tender as mentioned in the NIT (Notice Inviting Tender). Tenderer can revise the bids any number of times till the closing time/date of the tender. No manual offers shall be accepted.

The Railway may, of its own or in response to any clarification requested/suggested by any person including that from the tenderer, may modify this tender document at its sole discretion at least 15 days before the due date of closing of the tender as corrigendum.

Corrigendum as required may be issued atleast 15 days prior to the closing of the tender. These corrigenda of this tender, if any, as issued time to time will be available on website at least 15 days in advance of closing of tender. The tenderers are requested to check the website before submitting their offer whether any such corrigendum to the tender has been issued or not and revise the offer if required accordingly. Failure on the part of tenderer on this aspect will be solely tenderers responsibility.

This document is the Standard Tender Document which consists of the Instruction to the Tenderers, NIT (Notice Inviting Tender), General Conditions of the Tender, Special conditions of the tender, Tender schedules, Specifications of the works & various Annexures etc. All the above mentioned documents taken together if not scored off, shall constitute the complete tender document hereafter referred to as Tender Document & have to be read together & acted upon accordingly. No part of the tender document can be relied upon or acted upon in isolation.

The Railway and the website will have no responsibility for incorrect evaluation of cost and thereby incorrect cost of work and ranking of tenderers, if the schedule is not filled in correctly and unambiguously for each item. No claim or clarification of a tenderer regarding applicability, inclusion or exclusion of any element of tax or duty or any other change in the offer subsequently (after opening of the tender) will be entertained. For this the tenderers are advised to read the Instructions, General Conditions, Special Conditions and other Instructions carefully before submission of tender.

In case of any problem with the portal is faced while filling the e-tender, Tenderers are advised to contact with the Helpdesk of IREPS portal who will render all help and assistance related with the website and portal except that related with the details of the tender. Railway will not take any responsibility for non- participation in the e-tender online for the reasons related to the website and portal or server etc beyond the control of railways.

Railway and the IREPS website will not take the responsibility for any online payment made by the tenderer and debited from his/their account towards the tender cost or Earnest Money due to wrong or mismanipulation or any reasons related with the IT or found unsuitable for the tender etc. In this regard Railway and IREPS website will not entertain any claim or refund the paid amount.

All documents uploaded or information furnished in the website are digitally signed by the competent authority.

TENDERERS POSTAL ADDRESS

Address of tenderer: The address, email - Id and Mobile phone, other phone nos. and other details given in the portal while registering will be considered as official address and all correspondences to the tenderer will be made in these registered modes. All communication sent in time to the tenderer by post at the said address shall be deemed to have reached the tenderer duly and in time. Important documents shall be sent by Registered Post. However, an undertaking has to be given in the enclosed annexure by uploading a scanned copy of duly filled in form in the portal.

THE SCHEDULE OF WORKS

The Schedules of Works is also available seperately in the website online and Rates are to be quoted online and submitted online duly signed digitally.

OPENING OF TENDER

Opening of e-tender online:- The e-tenders will be opened online using the IREPS portal. No representative is required to be present for opening of tender and taking notes of rates quoted and ranking as the complete details of rates etc. of all the bidders shall be available to the bidders in the website after the opening of the tender.

In case the date of closing mentioned in the Notice Inviting Tender is declared a holiday/bandh/strike etc. on any account, the date of closing tender online will not be changed as the application in the website of IREPS does not permit submission of any offer after closing date and time of the tender. However, opening of tenders online will be on any convenient day after the closing date/time of tenders.

SUBMISSION OF DOCUMENTS IN SUPPORT OF ELIGILIITY CRITERIA

All documents in support of fulfillment of the eligibility criteria (i.e. Technical Eligibility Criteria and Financial Eligibility Criteria ) should be uploaded online in the website with scanned copy in pdf format at the time of tender bidding with details showing in the Annexures.

SOUTH EAST CENTRAL RAILWAY TENDER FORMS (FIRST SHEET)

I/ We have read the various conditions to tender attached hereto and have agreed to abide by the said conditions. I/ We also agree to keep this tender open for acceptance for a period of 60 days from the date fixed for opening the same and in default thereof, I/ We will be liable for forfeiture of my/ our "Earnest Money". I/ We offer to do the work for South East Central Railway, at the rates quoted in the attached schedule and hereby bind myself/ ourselves to complete the work in all respects within 24 months from the date of issue of letter of acceptance of the tender.

I/We also hereby agree to abide by the Indian Railways Standard General Conditions of Contract for services, with all correction slips up-to-date and to carry out the work according to the Special Conditions of Contract and Specifications of materials and works as laid down by Railway in the annexed Special Conditions/Specifications, Schedule of Rates with all correction slips up-to-date for the present contract.

A sum of Rs. (as mentioned in NIT of this instant tender) has already been deposited online as Earnest Money. Full value of the Earnest Money shall stand forfeited without prejudice to any other right or remedies in case my/our tender is accepted and if:- (a)I/We do not execute the contract documents within seven days after receipt of notice issued by the Railway that such documents are ready and (b)I/we do not commence the work within fifteen days after receipt of order to that effect.

Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a binding contract between us subject to modifications, as may be mutually agreed to between us and indicated in the letter of acceptance of my/our offer for this work.

TENDER FORM (SECOND SHEET)

Instructions to tenderers and conditions of tender: - The following documents form part of Tender/Contract:

Tender forms- First sheet and second sheet.

Special Conditions/Specifications (enclosed)

Schedule of approximate quantities (enclosed)

Standard General Conditions of Contract and Standard Specifications for Materials and Works of Indian Railways as amended/corrected upto latest correction slips, copies of which can be seen in the office of Sr. Divl. Electrical Engineer (Tr-D) or obtained from the office of the Chief Engineer, S E C Railway on payment of prescribed charges.

Schedule of Rates as amended / corrected upto latest correction slips, copies of which can be seen in the office of Sr. Divl. Electrical Engineer (Tr-D) or obtained from the office of the Chief Engineer, S.E.C. Railway on payment of prescribed charges.

All General and detailed drawings pertaining to this work will be issued by Sr.DEE(Tr-D)/BSP or the representative (from time to time) with all Changes and modifications.

Drawings for the Work: The Drawing for the work can be seen in the office of the Sr. Divl. Electrical Engineer (Tr-D) and / or Chief Electrical Engineer, S.E.C. Railway at any time during the office hours. The drawings are only for the guidance of Tenderer(s). Detailed working drawings (if required) based generally on the drawing mentioned above, will be given by the Engineer or his representative from time to time.

The Tenderer(s) shall quote his / their rates as a percentage above or below the Schedule of Rates of S.E.C. Railway as applicable to Bilaspur Division except where he/they are required to quote item rates and must tender for all the items shown in the Schedule of approximate quantities attached. The quantities shown in the attached Schedule are given as a guide and are approximate only and are subject to variation according to the needs of the Railway. The Railway does not guarantee work under each item of the Schedule. Tenders containing erasures and / or alterations of tender documents are liable to be rejected. Any correction made by tender(s) in his/their entries must be attested by him / them.

The works are required to be completed within a period of 24 months from the date of issue of acceptance letter.

Earnest money:-

The tender must be accompanied by a sum of Rs.(as mentioned in NIT of this instant tender) as Earnest Money deposited in cash through e-payment gateway or as mentioned in tender documents, failing which the tender shall l not be considered. Any firm recognized by Department of Industrial Policy and Promotion (DIPP) as 'Startups' shall be exempted from payment of Earnest Money on submission of Registration Certificate issued by appropriate authority.

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

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.

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

If 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 cancelled. 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 cancelled, unless the firm retains its character.

Tenderer credentials: Tenderer shall submit the documents as demanded under Bid Evaluation criteria along with the bid.

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

Execution of Contract Documents: The successful Tenderer(s) shall be required to execute an agreement with the President of India acting through the Sr.DEE (Tr-D), S.E.C. Railway for carrying out the work according to Standard General Conditions of Contract, Special Conditions / Specifications annexed to the tender and Standard Specifications for (Works and Materials) of Railway as amended/corrected upto latest correction slips, mentioned in tender form (First Sheet).

Documents to be Submitted Along with Tender:-

PARTNERSHIP DEEDS, POWER OF ATTORNEY ETC.: The bidder shall clearly specify whether the bid is submitted on his own or on behalf of a partnership concern. If the bid is submitted on behalf of a partnership concern, he should submit the certified copy of partnership deed alongwith the tender and authorization to sign the tender documents on behalf of partnership firm. If these documents are not enclosed alongwith tender documents, the tender will be treated as having been submitted by individual signing the tender documents. The Railway will not be bound by any power of attorney granted by the bidder or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however, recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

The bidder whether sole proprietor, a limited company or a partnership firm if they want to act through agent or individual partner(s) should submit along with the tender or at a later stage, a power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person specifically authorising him/them to submit the tender, sign the agreement, receive money, witness measurements, sign measurement books, compromise, settle, relinquish any claim(s) preferred by the firm and sign "No Claim Certificate" and refer all or any disputes to arbitration.

The bidder shall clearly specify whether the bid is submitted on his own or on behalf of a partnership firm/society etc. The bidder(s) who is/are constituents of firm shall enclose self- 17.2.1 attested copies of the constitution of their concern, partnership deed and power of attorney along with their bid. Bid documents in such cases fail to be signed by such persons as may be legally competent or society, as the case may be.

The bidder shall give full details of the constitution of the firm/society etc. and shall also submit following documents (as applicable), in addition to documents mentioned above. (a). Sole proprietorship firm: The bidder shall submit the notarized copy of the affidavit. (b). Partnership firm: The bidder shall submit self-attested copies of (i) registered/notarized partnership deed and (ii)Power of attorney duly authorising one or more of the partners of the firm or any other persons(s), authorized by the all the partner to act on behalf of the firm and to submit & sign 17.2.2 the bid, sign the agreement, witness measurements, sign measurement books, receive payment, make correspondences, compromise/settle/relinquish any claim(s) preferred by the firms, sign 'No Claim Certificate' refer all or any dispute to arbitration and to take similar action in respect of all bids/contract or said bid/contract. (c) Society: The Bidder shall submit (i) self-attested copy of the Certificate or Registration, (ii) Deed of Formation and (iii) Power of Attorney in favour of the tender signatory.

If it is mentioned in the Bid that it is being submitted on behalf of/by a Sole Proprietorship Firm/Partnership Firm/Joint Venture/Registered Company etc., the aforementioned documents (as applicable) should be enclosed along with Bid. If 17.2.3 it is NOT mentioned in the Bid that it is being submitted on behalf of/by a Sole Proprietorship Firm/Partnership Firm/Joint Venture/Registered Company etc., then the Bid shall be treated as having been submitted by the individual who has signed the Bid.

After opening of the Bid, any document pertaining to the 17.2.4 Constitution of the Firm/JV/Society etc. shall neither be asked nor be entertained/considered.

A Bid from JV/Consortium/Partnership Firm etc. shall be 17.2.5 considered only where permissible as per the Bid/Tender conditions.

Employment/Partnership etc. of Retired Railway Employees:

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

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

Should a tenderer or Contractor being an individual, have member(s) of his family or in the case of partnership firm/ company / joint venture (JV) / registered society / registered trust etc. one or more of his partner(s)/shareholder(s) or member(s) of the family of partner(s)/shareholder(s) having share of more than 1% in the tendering entity employed in gazetted capacity in the Engineering or any other department of the railway, then the tenderer at the time of submission of tender, will inform the authority inviting tenders the details of such persons.

Note:- If information as required as per 18.1, 18.2 or 18.3 above has not been furnished, contract is liable to be dealt in accordance with provision of clause 62 of Standard General Condition of contract.

The contactor shall employ the following technical staff during the execution of this work: -

One qualified Graduate Engineer when the cost of the work to be executed is Rs.2 Crore and above.

One qualified Diploma Holder when the cost of the work to be executed is more than Rs.25 Lakhs but less than Rs.2 Crore.

Technical staff should be available at site whenever required by the Engineerin- charge to take instructions. In case the contractor fails to employ the technical staff as aforesaid, he shall be liable to deduct or to pay an amount of Rs.40,000/- (Rupees Forty Thousand Only) for each month or part thereof for the default period in case of graduate engineer and Rs.25,000/- (Rupees Twenty five Thousand Only) for each month or part thereof for the default period in case of Diploma Holder (oversear).

The contractor shall furnish the relevant details/documents of technical staff proposed to be engaged by him within 15 days of issue of acceptance letter.

Technical personal engaged by the contractor shall regularly sign the site order book.

Conditions of Prices and Payment Terms:

Unit Prices: The rate quoted by the tenderer and accepted by the purchaser shall hold good till the completion of the work and no additional individual claim will be admissible on account of fluctuation in market rates or due to changes in tax structures.

The rate quoted by the tenderer shall include the cost of materials, all taxes and GST, erection, testing and commissioning including all incidental charges like freight, transport, loading/unloading, handling of materials, lifting, descent, insurance coverage or Bankers charges, Indemnity Bond etc. "D" form will be issued by the Railways only for items covered under supply portion of the contract on demand.

Terms and conditions to be followed by contractors

Obligation of the contractors :- The contractor shall fully comply with the following enactments:

(a)Contract labour (R & A) Act, 1970 and rules formed there in under the Central labour Department. (b)Wage Rates not less than that notified by Central/State labour Department from time to time. (c)Payment of wages Act. (d)ESI Act, 1948 and contribution of Employer/Contractor @ 3.25% of wages or latest. 21.1.1 (e) EPF & MP Act. 1952 and contribution of Employer / Contractor @ 13.00% of wages or latest.(f) Workmans compensation Act, 1923. (g)SECR instructions as issued from time to time in regard to working hours, holidays, or any other statutory provision.

The contractor shall obtain license from the assistant labour commissioner (Central), or appropriate government if he engages twenty or more workmen only.

The Contractor shall produce the following registers and forms before commencement of work, for verification by the Executing Officer. (a) Form XII - Register of contractors (b) FormXIII - Register of workmen employed by contractor (Rule 75) (c) FormXIV - Employment card issued by contractor (Rule 76) (d) FormXVI - Muster Roll (Rule 78(1)(a)(i) ) (e) FormXVII - Register of wages (Rule 78(1)(a)(i) ) (f) FormXVIII - Register of wages cum Muster Roll (in case of weekly payment ). (g) FormXIX - Wage slip (Rule 78(b)) (h)FormXX - Register of deduction for damages or loss (Rule 78(1)(a)(ii)). (i) FormXXI - Register of fines (Rule 78 (1)(a)(ii)) (j) FormXXII - Register of advances (Rule 78(1)(a)(ii)) (k) FormXXIII - Register of overtime (Rule 78(1)(a) (iii)) (l) FormXXIV - Return to be sent by the contractor to licensing officer (Rule 82(1))

The contractor shall maintain the above neatly, completely and legibly for inspection by various authorities even at short notice. The Executing Officer/staff Welfare inspectors of Bilaspur 21.3.1 Division of SECR shall periodically inspect these registers and forms, and shall send his inspection note to contract labour implementation cell of Sr.DPO/BSPs office.

The contractor shall observe weekly rest day according to normal norms.

Contractor shall obtain complete bio-data of the labour employment certificate and antecedent verification in the prescribed form for each labour and supervisor engaged by him and shall submit the same to the personnel department/IR section through the contract executing officers before commencement of the work.

Every contractor shall submit a notice regarding commencement and completion of work in Form-VI A & B [Rule 25(viii) & 81(3)] to personnel department, through his contract executing officer, for forwarding the same to Central Labour Department

The contractor shall make himself or his representative available at the work spot everyday during execution of work, for effective supervision

The contractor shall attend to all inspections notified/conducted by the personnel department, Labour department, P.F. authorities. Factory Inspectors, ESI inspectors or any other such authorities.

Non-compliance of any provision under the act/rule/instructions/guidelines shall make the contractor liable for penal action including termination of contract

Contractor shall in his absence keep competent agent constantly on the works and any directions or explanations 21.10 given by the Contract Signing Officer or his representative to such agent shall be held to have been given to the contractor himself.

The contractor shall give all notices required by the acts, regulation, By laws, legal acts and pay all fees in connection therewith unless and other wise arranged and decided in writing with SECR. In all such cases, contractor shall protect and 21.11 indemnify SECR against any claim or liability arising from or based on the violation of any such laws, ordinance, regulations, orders, decrees or attachment either by himself or by his employees.

It shall be contractors sole responsibility to protect the public and his employees against accident from any cause and provide required safety equipments and shall indemnify SECR against 21.12 any claims for damages for injury to the person or property resulting from any such accidents and losses shall, where the provisions of the workmens compensation Act apply, take steps to properly insure against any claims there under.

In the event of any accident in respect of which compensation may become payable under the workmens compensation Act VIII of 1923 whether by the contractor or by Principle-Employer 21.13 it shall be lawful for Bilaspur Division of SECR to retain out of monies due and payable to the contractor such sum or sums of money as may, in the opinion of SECR shall be final in regard to all matter arising in this clause.

The contractor shall keep his work place clean and safe to avoid injuries to men and damage to finished products/equipments.

On the occurrence of an accident, which result in the death of any of the workmen employed by the contractor or which is so serious as to be likely to result in the death of any such 21.15 workmen, the contractor shall within 24 hours of the happening of such an accident intimate in writing to the Principal Employer or official in charge of the work.

The contractor shall ensure abidance by all the labour laws especially including contract labour (R&A) Act, payment of 21.16 wages Act workmens compensation Act, minimum wages Act, ESI Act and provident fund act as amended from time to time, and contributes @ 3.25% of wages in favour of Labours.

The contractor shall comply with provident fund Act either through PF code allotted to him or by the code provided by PF 21.17 Department where 20 or more labours are engaged and contributes @ 13.00% of wages in favour of Labours.

The contractor should engage only those labourers who shall be more than 18(eighteen) years of age.

The contractor shall provide the required safety equipment to the labours engaged by him

Contractor shall issue Employment Card as per status to all labour and supervisors covered under the job work contract.

Contractor must ensure that payment of wages to workmen 21.21 should be made in presence of representative of Principal Employer or in presence of Staff welfare inspector.

No work shall be done on Sunday or on declared rest day by contractor.

The contractor shall be responsible to settle any grievances of the labour deployed by him.

Performance Guarantee (P.G.):

The successful bidder shall have to submit a Performance Guarantee (PG) within 21 (Twenty one) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 21 (Twenty one) days and upto 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 12% per annum shall be charged for the delay beyond 21(Twenty one) days, i.e. from 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 Earnest Money 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.

The value of PG to be submitted by the, contractor will not change for variation upto 25% (either increase or decrease). In case during the course of execution, value of the contract increases by more than 25% of the original contact value, an additional Performance Guarantee amounting to 5% (Five percent) for the excess value over the original contract value shall be deposited in four equal parts by the contractor. On the other hand, if the value of contract decreases by more than 25% of the original contact value, Performance Guarantee amounting to 5% of the decrease in the contract value shall be returned to contractor. The PG amount in excess of required PG for decreased contract value, available with railways shall be returned to the contractor duly safeguarding the interest of Railways.

The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% (Five percent) of the contract value: (a) A deposit of Cash. (b) Irrevocable Bank Guarantee. (c) Insurance Surety Bond as per Annexure-XVII. Note: (1) The provision of Insurance Surety Bond shall be for all contracts having DOC within 36 months only. (2) In case DOC extends beyond 36 months, fresh Insurance Surety Bond or any other form of Performance Guarantee prescribed in GCC for the balance amount shall be submitted by agency, otherwise necessary action will be taken as per terms of Agreement. (d) Government Securities including State Loan Bonds at 5% below the market value. (d) Pay Orders & Demand drafts tendered by any Scheduled Commercial Bank of India; (e) Guarantee Bonds executed or Deposits Receipts tendered by any Scheduled Commercial Banks of India. (f) A Deposit in the Post Office Saving Bank. (g) A Deposit in the National Savings Certificates. (h) Twelve years National Defence Certificates. (i) Ten years Defence Deposits. (j) National Defence Bonds and (k) Unit Trust Certificates of 5% below market value or at the face value whichever is less. Also, FDR in favour of FA&CAO (free from encumbrance) may be accepted.

The Performance Guarantees (PGs) shall be submitted by the contractor after the Letter of Acceptance (LOA) has been issued, but before signing of the contract agreement. These PGs shall be initially valid up to the stipulated date of completion and maintenance period, if any plus 60 days beyond that. The time for completion of service/work 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/work plus 60 days.

The value of PG to be submitted by the Contractor is based on original contract of the work based on original contract value and shall not change due to subsequent variation(s) in the original contract value. 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.

Whenever the contract is rescinded, the Performance Guarantee already submitted for the contract shall be encashed.

The Engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and/or without prejudice to any other provisions in the contract agreement) in the event of: (i)Failure by the Contractor to extend the validity of the Performance Guarantee as described herein above, in which event the Engineer may claim the full amount of the Performance Guarantee. (ii)Failure by the Contractor to pay President of India any amount due, either as agreed by the Contractor or determined under any of the Clauses/Conditions of the Agreement, within 30 days of the service of notice to this effect by Engineer. (iii)The Contract being determined or rescinded under clause 62 of these conditions.

VARIATIONS IN EXTENT OF CONTRACT:

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

Powers of Modification to Contract: The Engineer on behalf of the Railway shall be entitled by order in writing to enlarge or extend, diminish or reduce the services or make any alterations in their design, character position, site, quantities, dimensions or in the method of their execution or in the combination and use of materials for the execution thereof or to order any additional services 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 23.2.1 originally contracted. The Contractor shall be bound to carry out the services at the agreed rates and shall not be entitled to any claim or any compensation whatsoever upto the limit of 25% variation in quantity of individual item of services.

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 23.2.2 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 upto and including 100% of the agreement quantity of the concerned minor value item, shall be paid at the rate awarded for that item in that particular tender; d.(ii)Quantities operated in excess of 100% but upto 200% of the agreement quantity of the concerned minor value item, shall be paid at 98% of the rate awarded for that item in that particular tender; d.(iii) Variation in quantities of individual minor value item beyond 200% will be avoided and would be permitted only in exceptional unavoidable circumstances and shall be paid at 96% of the rate awarded for that item in that particular tender.

Terms of payment: Subject to any deductions or recoveries which the purchase may be entitled to make under the contract, the contractor shall unless otherwise agreed to be entitled to get the payments subject to conditions stipulated in the subsequent clauses.

On Account Payment/ Progress payment: The tenderer has to supply and erection the exact quantity of material as specified by Sr. DEE/Tr-D/BSP and after this only the on Account payment will be processed accompanied by relevant document.

Payment : For Service charges of Schedule-A & B, 100% payment shall be made on quarterly basis. The bill shall be submitted along with Inspection certificate, manufacturers certificate, delivery Challan & service report duly certified by SSE, ADEE & DEE. For materials/ spares supplied in Schedule-A & B, 95% payment shall made after supply of materials and completion of erection/installation of the materials based on Inspection certificate, manufacturers certificate, delivery Challan & service report. Balance 5% payment shall be made during passing of final bill. The bills for materials/ spares shall be accompanied with Inspection certificate, manufacturers certificate, delivery Challan & service report.

MEASUREMENT: Payment for the work shall be made in accordance with the specifications, approved designs and drawings and measured in relevant units. The measurement will be made generally in accordance with Tender schedule in conformity with the explanatory notes of the Tender schedule, specification and standard engineering practices.

MEASUREMENT OF WORK: The contractor shall be paid for the works at the rates in the accepted schedule of rates and on the measurement taken by the Engineer or the Engineer's representative in accordance with the rules prescribed for the purpose of the Railway: i)The quantity for items the unit for which it is prevalent, accepted schedule of rates shall be recorded. ii)Such measurement will be taken of the work in progress from time to time and at such intervals as in the opinion of the engineer or his representative shall be proper having regard to the progress of work. The date and time on which the measurement are to be made shall be communicated. The contractor who shall be present at the site and shall sign the results of the measurement which shall also be signed by the Railway's Engineer or the Engineer's representative recorded in the official measurement book as an acknowledgement of his acceptance of the accuracy of the measurement. In the event of failure, on the part of the contractor to attend the work may be measured in his absence and such measurements shall not withstanding such absence be binding upon the contractor whether or not he shall have sign the measurement book , provided always that any objection made by him to any measurement shall be duly investigated and considered in the manner set out below :- a)It shall be open to the contractor to take specific objection to any recorded measurement or classification on any ground within 3 days from the date of measurement. Any measurement taken by the Engineer or his representative in the presence of the contractor or in his absence after due notice has been given to him on consequence of the objection made by the contractor , shall be final and binding on the contractor and no claim whatsoever shall thereafter be entertained regarding the accuracy and classification of the measurement . b)If any objection raised by the contractor is found by the Engineer to be incorrect, the contractor shall be liable to pay the actual expenses incurred in the measurements

Tax Deduction:

Income tax @ 2% plus surcharge as applicable on the amount to be paid by the contractor in pursuance of the contract which will be deducted from the bills preferred by him in accordance with section 1204C of the Income Tax Act, 1961 as introduced through finance Act of 1972 or as amended from time to time.

GST shall be paid as per the prevailing rate of Govt. of India at that time. For claiming subsequent bills, the contractor will have to produce voucher/challan regarding submission of GST for previous bill. If the contractor failed to produce the voucher/challan of previous bill the equivalent amount will be deducted from contractor's bill. GST shall be paid as per the prevailing rate of Govt. of India at that time. For claiming subsequent bills, the contractor will have to produce voucher/challan regarding submission of GST for previous bill. If the contractor failed to produce the voucher/challan of previous bill the equivalent amount will be deducted from contractor's bill.

Contractor should quote the rate including GST as applicable.

All the bidders/tenders should ensure that they are GST compliant and their quoted tax structure/rates are as per GST Law.

Care In Submission Of Tenders :

(i) Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works, that all conditions liable to been countered during the execution of the works are taken into account and that the rates he enters in the tender forms are adequate and all inclusive to accord with the provisions in Clause-37 of the General Conditions of Contract for the completion of works to the entire satisfaction of the Engineer. (ii) Tenderer will examine the various provisions of the Central Goods and Service Tax Act,2017(CGST)/Integrated Goods and Services Tax, 2017(IGST)/Union Territory Goods and Services Tax Act , 2017(UTGST)/ respective state's State Goods and Services Tax (SGST) also, as notified by Central/State Govt & as amended 26.5.1 from time to time and applicable taxes before bidding. Tenderers will ensure that full benefit of Input Tax Credit (ITC) likely to be availed by them is duly considered while quoting rates. (iii) The successful tenderer who is liable to be registered under CGST/IGST/UTGST/SGST Act shall submit GSTIN along with other details required under CGST/IGST/UTGST/SGST Act to Railway immediately after the award of contract, without which no payment shall be released to the contractor. The contractor shall be responsible for deposition of applicable GST to the concerned authority. (iv) In case the successful tenderer is not liable to be registered under CGST/IGST/UTGST/SGST Act the Railway shall deduct the applicable GST from his/their bills under reverse charge mechanism (RCM) and deposit the same to the concerned authority.

Taxes and duties shall be dealt as per extent rules. The quoted rates should be inclusive of all taxes and duties including GST.

The tender submitted without documentary evidence for fulfillment of eligibility criteria will not be considered. References to previous deposition of credentials in any tender will not be accepted and the credentials should be submitted with each tender separately.

The Railway Board's GCC 2022 with latest correction slip up to date shall be applicable for this contract.

Security Deposit:

The Earnest Money deposited 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.

Refund of Security Deposit: Security Deposit mentioned in sub clause (1) above shall be returned to the Contractor after the following: (a)Final Payment of the Contract as per clause 51.(1) and (b)Signature of Final Supplementary Agreement or Certification by Engineer that Railway has No Claim on Contractor and (c)Issue of Maintenance Certificate on expiry of the maintenance period as per clause 50.(1).

Forfeiture of Security Deposit: Whenever the contract is rescinded as a whole under clause 62 (1) of GCC, the Security Deposit already with railways under the contract shall be forfeited. However, in case the contract is rescinded in part or parts under clause 62 (1) of GCC, the Security Deposit shall not be forfeited. 16.(3)No interest shall be payable upon the Earnest Money and Security Deposit or amounts payable to the Contractor under the Contract, but Government Securities deposited in terms of Sub-Clause 16.(4)(b) of this clause will be payable with interest accrued thereon.

GUARANTEE: -All the materials supplied by the contractor in this work shall be guaranteed for 12 months from the date of installation. The contractor will have to replace defective materials free of cost in guarantee period. The work done during any check like B, C &D shall be guaranteed till the next check ( B, C or D) which is to be carried out as per schedule. The B, C or D check carried out during second year shall be guaranteed till t h e y become due even after completion of the work. The service/repair works shall also be guaranteed for a period of 12 months.