Repair, refilling and replacement of defective parts of different types of fire extinguishers under jurisdiction of ELS/BNDM for a period of 02 years

Tenderer is governed by General Condition of Contract (GCC) 2022 issued by Railway Board, Ministry of Railways. The said GCC is available at Railway board web portal https://indianrailways.gov.in/railwayboard/uploads/directorate/civil_engg/pdf/2022/GCC_April- 2022_2022_CE-I_CT_GCC-2022_POLICY_27_04_22.pdf

Tenderer has to upload the scan copy of GST Registration certificate along with the offer.

Tenderer has to upload the scan copy of vendor mandate form duly filled from BANK as per format given in Annexure-C.

BID SECURITY: The Bid Security shall be deposited either in cash through e-payment gateway or submitted as Bank Guarantee bond from a scheduled commercial bank of India or as mentioned in tender documents. The Bank Guarantee bond shall be as per Annexure-F (of tender document) and shall be valid for a period of 90days beyond the bid validity period.Subject to exemptions provided under para 5(1) (a) of Part-1 (ITT) of GCC 2022, the tender must be accompanied by a Bid Security as mentioned in tender documents, failing which the tender shall be summarily rejected.

Any firm recognized by Department of Industrial Policy and Promotion (DIPP) as 'Startups' shall be exempted from payment of Bid Security. Required document in this regard, if any shall be uploaded along with the tender. The document with declaration that "I/We am/are a Startup firm registered by Department of Industrial Policy and promotion(DIPP) and my Registration no. is ....... valid up to ..........(copy enclosed) and hence exempted from submission of Bid Security" should be enclosed.

Labour Cooperative Societies shall deposit only 50% of above BID SECURITY deposit detailed above with the declaration that "We are a Labour Co-operative Society and our registration no. is ....... with .......and hence required to deposit only 50% of Bid Security. Copy of registration certificate must be attached.

If his tender is accepted this BID SECURITY 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.

Tenderer has to upload the scan copy of Proprietorship certificate or Partnership deed or Article of Association etc. along with the offer.

Documents related Sole Proprietorship /Partnership Deeds / Company/ HUF/ LLP (Limited Liability Partnership)/ Joint Venture/ Registered Society & Registered Trust (which is applicable) and Power of Attorneys, etc, should be uploaded. The tenderer shall clearly specify whether the tender is submitted on his own (Proprietary Firm) or on behalf of a Partnership Firm / company/ HUF/ LLP (Limited Liability Partnership)/ Joint Venture/ Registered Society & Registered Trust etc. The tenderer(s) shall enclose the attested copies of the constitution of their concern, and copy of PAN Card along with their tender. Tender Documents in such cases are to be signed by such persons as may be legally competent to sign them on behalf of the firm, company, association, trust or society, as the case may be.

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

After opening of the tender, any document pertaining to the constitution of Sole Proprietorship Firm / Partnership Firm / Registered Company/ Registered Trust / Registered Society / HUF/LLP etc. shall be neither asked nor considered, if submitted. Further, no suo moto cognizance of any document available in public domain (i.e., on internet etc.) or in Railway's record/office files etc. will be taken for consideration of the tender, if no such mention is available in tender offer submitted.

System of Verification of Tenderer's credentials: The tenderers shall submit a copy of certificate stating that all their statements/documents submitted along with bid are true and factual. Standard format of certificate to be submitted by the bidder is enclosed as Annexure- D (and Annexure-E as the case may be). Non submission of above certificate(s) by the bidder shall result in summarily rejection of his/their bid. It shall be mandatorily incumbent upon the tenderer to identify, state and submit the supporting documents duly self attested/ digitally signed by which they/he is qualifying the Qualifying Criteria mentioned in the Tender Document. Railway has the liberty to verify the submitted credential at any stage during the execution of contract or before passing the final bill. ( Click here to download Format)

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.

The Railway reserves the right to verify all statements, information and documents submitted by the bidder along with tender offer even after the finalization /award of contract and up to passing of final bill. When so required by the Railway, the bidder shall 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 relief the bidder of its obligation or liabilities hereunder nor will it affect any rights of the Railway thereunder.

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

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

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.

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.

The rate quoted by tenderer should be inclusive of GST, all other taxes, lead,lift, royality, loading, unloading, transportation, etc. as applicable and all other charges livable by the Govt. from time to time. All the bidders/tenderers should ensure that they are GST compliant and their quoted tax structure/ rates are as per GST Law and in accord with the provision in Clause-37 of the standard General Conditions of Contract.Tenderers will ensure that full benefit of Input Tax Credit likely to be availed by them is duly considered while quoting rates and ITC of GST if any, should be passed on to the Railway Administration, in course of operation of the subject contract.

All the documents which are being uploaded should be self attested/digitally signed.

Conditional offers, offers with condition, conditional rebates will not be considered and will be summarily rejected

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

In case of any information/ credential submitted by tenderer is found to be false forged or incorrect after the award of 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.

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.

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.

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

The Railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however, recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the Contractor.

GCC 2022 with upto date correction slip is applicable over for this tender. It should be the duty of the contractor to make himself duly informed if any correction and ammendments of the said GCC made upto date of these presents and no objection shall be taken by the contractor on the ground that he was not aware of such ammendments and corrections the said special conditions of contract of any of them.

General Condition of Contract and Specification of materials and works as laid down by the RDSO or relevant IS (with upto date correction slips) are binding on the contract and shall form part and parcel of the contract unless otherwise stated in the Special Condition and Specifications in the tender papers. However, it shall be the responsibility of the contractor before submitting his tender and again before entering into the said agreement to ascertain all ammendments and/or correction made to th said General Condition of Contract.

The contractor shall comply with all relevant statutes of Government including Contract Labour (Regulation and Abolition) act 1970, Workmen Compensation act 1923, Payment of Wages 1936, Minimum Wages Act 1948 and as per rate of minimum wages notified by the Govt. vide S.O-1994(E) dated 07.08.08, Employees State Insurance Act, Untouchables Act and other labour laws as amended from time to time (Wherever Applicable). The firm shall also indemnify the railway administration against any claims / liablities under these acts.

EPF and ESI registration would be mandatory (Wherever Applicable) and document towards EPF and ESI registration shall be submitted before execution of the agreement failing which contract will be terminated.

The quantity and duration of the work may be increased/decreased as per requirement of railway administration GCC clause.

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

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

Documents testifying tenderer previous experience and financial status should be produced along with the tender.

Order of Precedence of Documents: In a contract agreement, in case of any difference, contradiction, discrepancy, with regard to conditions of tender/contract, specifications, drawings, Bill(s) of Quantities etc., forming part of the tender/contract, the following shall be the order of precedence: (a) Letter of Award/Acceptance (LOA) (b) Bill(s) of Quantities (c) Special Conditions of Contract (d) Technical Specifications as given in tender documents (e) Drawings (f) 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. (g) 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. (h) 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. (i) 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. (j) IR Specifications/Guidelines updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents. (k) Relevant B.I.S. Codes updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents.

DETERMINATION OF CONRACT: The clause No.61 & 62 of General Conditions of Contracts (GCC)- April-2022 with up to date correction slip of the latest version shall be applicable for the purpose of Determination of Contract.

SETTLEMENT OF DISPUTES - INDIAN RAILWAY ARBITRATION AND CONCILIATION RULES: The Clause No.63 & 64 of General Conditions of Contracts (GCC)- April-2022 with up to date correction slip of the latest version shall be applicable for the purpose of settlement of dispute/ arbitration.