Polyurethane (P.U.) Painting and provision of Retro reflective tapes on the body of Electric locos at ELS/TATA

The advertise value is below Rs.50 Lakhs and there is no Financial and Technical Eligibility Criteria stipulated in the instant tender case as per Note No.9 for item No. 5(A)-(i) of MSOP (Works Matters)-2018.

I/we the tenderer (s) am/are signing this document after carefully reading the contents.

I/We the tenderer(s) also accept all the conditions of the tender and have signed all the pages in confirmation thereof.

I/we hereby declare that I/we have downloaded the tender documents from Indian Railway website www.ireps.gov.in . I/we have verified the content of the document from the website and there is no addition, no deletion or no alteration to the content of the tender document. In case of any discrepancy noticed at any stage i.e. evaluation of tenders, execution of work or final payment of the contract, the master copy available with the railway Administration shall be final and binding upon me/us.

I/we declare and certify that I/we have not made any misleading or false representation in the forms, statements and attachments in proof of the qualification requirements.

I/We also understand that my/our offer will be evaluated based on the documents/credentials submitted along with the offer and same shall be binding upon me/us.

I/We declare that the information and documents submitted along with the tender by me/us are correct and I/we are fully responsible for the correctness of the information and documents, submitted by us.

I/we certify that I/we the tenderer(s) is/are not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of submission of bids, either in individual capacity or as a HUF/ member of the partnership firm/LLP/JV/Society/Trust.

I/we understand that if the contents of the certificate submitted by us are found to be forged/false at any time during process for evaluation of tenders, it shall lead to forfeiture of the Bid Security and may also lead to any other action provided in the contract including banning of business for a period of upto two year. Further, I/we and all my/our constituents understand that my/our offer shall be summarily rejected.

I/we also understand that if the contents of the certificate submitted by us are found to be false/forged at any time after the award of the contract, it will lead to termination of the contract, along with forfeiture of Bid Security/Security Deposit and Performance guarantee and may also lead to any other action provided in the contract including banning of business for a period of upto two year.

I/We have read the clause regarding restriction on procurement from a bidder of a country which shares a land border with India and certify that I am/We are not from such a country or, if from such a country, have been registered with the competent Authority. I/We hereby certify that I/we fulfil all the requirements in this regard and am/are eligible to be considered (evidence of valid registration by the competent authority is enclosed)

Earnest Money/Bid Security : The bidders will have to make payment towards Bid Security through either in cash through e- payment gateway available on IREPS portal or 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-VIA and shall be valid for a period of 90days beyond the bid validity period. Manual/ offline mode of payment through Demand Draft, Banker's cheque, Cash Deposit receipts etc. shall not be entertained. The copy of e-payment receipt or copy of Bank Guarantee bond should be submitted as proof. The standard format of Annexure-VIA is available in Document Tab in ireps website.

Any firm recognized by Department of Industrial Policy and Promotion(DIPP) as 'Startups' shall be exempted from payment of Bid Security. The documents with declaration that "I/We am/are a Startup firm registered by ........................ Department of Industrial Policy and Promotion (DIPP) and my registration number is ................ valid upto ............... (Copy enclosed) and hence exempted from submission of Bid Security" should be submitted and uploaded. Copy of Registration certificate must also be attached.

Labour Cooperative Societies shall submit only 50% of above Bid Security with the declaration that " We are a Labour Cooperative Society and our Registration No. is .................... with.......................and hence required to deposit only 50% of Bid Security should be uploaded. Copy of Registration certificate must also be attached.

If the 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.

In case, submission of Bid Security in the form of Bank Guarantee, following shall be ensured: i.A scanned copy of the Bank Guarantee shall be uploaded on e-Procurement Portal(IREPS) while applying to the tender. The format of Bank Guarantee is available in Document Tab. ii. The original Bank Guarantee should be delivered in person to the official nominated as indicated in the tender document before closing date for submission of bids (i.e. excluding the last date of submission of bids). iii. Non submission of scanned copy of Bank Guarantee with the bid on e-tendering portal (IREPS) and/or non- submission of original Bank Guarantee within the specified period shall lead to summary rejection of bid. iv. The Tender Security shall remain valid for a period of 90 days beyond the validity period for the Tender. v. The details of the BG, physically submitted should match with the details available in the scanned copy and the data entered during bid submission time, failing which the bid will be rejected vi. The Bank Guarantee shall be placed in an envelope, which shall be sealed. The envelope shall clearly bear the identification "Bid for the ***** Project" and shall clearly indicate the name and address of the Bidder. In addition, the Bid Due Date should be indicated on the right hand top corner of the envelope. vii. The envelope shall be addressed to the officer and address as mentioned in the tender document. viii. If the envelope is not sealed and marked as instructed above, the Railway assumes no responsibility for the misplacement or premature opening of the contents of the Bid submitted and consequent losses, if any, suffered by the Bidder.

The tender must be accompanied by a Bid Security as mentioned above, failing which the tender shall be summarily rejected. All other terms and condition related to Bid Security Deposit is applicable as per GCC (April) 2022.

Please submit your bank details i.e.Name of the Bank along with Bank Branch Code, Account Number, IFSC Code, GST and PAN Number. Bank Mandate form should be uploaded as per attached format in document tab.

Tenderers are required to upload their Permanent Account Number (PAN) card.

Tenderer has to upload GST registration number and certificate.

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/ Hindu Undevided Family (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. All the related documents in this connection must be submitted by the tenderer as per the guidelines mentioned in Srl. No. 14 (a) to 14 (g) of GCC- April'2022.

(i) 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. (ii) 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.

The tenderer whether sole proprietor / a company or a partnership firm / registered society / registered trust / HUF / LLP etc if they want to act through agent or individual partner(s), should submit along with the tender, a copy of 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 authorizing him/them to sign the tender, submit the tender and further to deal with the Tender/ Contract up to the stage of signing the agreement except in case where such specific person is authorized for above purposes through a provision made in the partnership deed / Memorandum of Understanding / Article of Association /Board resolution, failing which tender shall be summarily rejected. A separate 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, shall be submitted after award of work, specifically authorizing him/them to deal with all other contractual activities subsequent to signing of agreement, if required. Note: A Power of Attorney executed and issued overseas, the document will also have to be legalized by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is being issued. However, the Power of Attorney provided by Bidders from countries that have signed the Hague Legislation Convention 1961 are not required to be legalized by the Indian Embassy if it carries a conforming Appostille certificate.

Tenderer is normally not expected to quote any special condition/Deviation or stipulation of his own rather is expected to submit his tender in accordance with the conditions and stipulations contained in this tender document. However, if the tenderer wishes to quote any special condition/Deviation and or stipulation or wishes to intimate the Railway of any matter of importance, he may do so through a letter which should be submitted on line during the submission of the tender as Annexure-E. Such stipulations and conditions shall be part of the contract agreement in case of acceptance of his tender only to the extent explicitly accepted by the Railway. The Railway, however, reserves rights not to accept any such special condition and stipulation made by the tenderer and may reject such tender as unacceptable without any reference to the tenderer; may ask the tenderer to withdraw any or all such stipulations before accepting his tender and, in the event of his refusal to do so, may not accept his tender.

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.

Incomplete tenders i.e. tenders without Earnest Money Deposit (EMD) and without other required documents specified above shall be summarily rejected.

Railway reserves the right to cancel the tender without assigning any reason thereof.

No interest will be payable by the Railway on the Earnest Money Deposit / Bid Security or any other payment made to Railways.

If the closing date happens to be a holiday, the tenders will be opened on the next working day at the same time.

Tender Opening will be done any time after the tender closing time. Tenderers are not required to be present during the opening. Railway reserves right to open the tender any time after the time of closing of tender.

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 Tenderer 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 DRM/Divisional Engineer of SE 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.

The tenderers shall not add any condition on their own either in his/their covering letter or anywhere while submitting their offer. Any such conditions if stated and if it is found in violation of the Railway's Tender Conditions, may lead to REJECTION of his/their offer. Railway reserves the right to REJECT such tender offer summarily without assigning any reason whatsoever.

RIGHTS OF THE RAILWAY TO DEAL WITH TENDER: (1) 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. (2) 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. (3) If any partner(s) of a partnership firm expires after the submission of its tender or after the acceptance of its tender, the Railway shall deem such tender as cancelled/contract as terminated under clause 61 of the Standard General Conditions of Contract, unless the firm retains its character as per partnership agreement. If a sole proprietor expires after the submission of tender or after the acceptance of tender, the Railway shall deem such tender as cancelled / contract as terminated under clause 61 of the Standard General Conditions of Contract.

If the tenderer expires after the submission of his tender or after acceptance of his tender, the railway shall deem such tender as cancelled. If a partner of a firm expires after the submission of their tender or after acceptance of their tender the railway shall treat such tender as cancelled unless the firm retains its character.

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/TRS/TATA/CKP Division, South Eastern Railway for carrying out the work according to General Conditions of Contract, Special Conditions / Specifications and Specification for work and materials of Railway as amended/corrected up to latest Correction Slips.

Care in submission of Tenders : 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 Contract for the completion of works to the entire satisfaction of the Engineer.

Offered rates of each group of items shall be considered to include all Taxes, Octroi, cost of Labour, T &P, Machinery, Vehicles, Lift, Ascent, Descent etc. complete. No compensation of any account will be paid except the accepted rates.

Every possible fluctuation, in the rate of labour, material and general commodities and other possibilities of each and every kind which may affect the rates should be considered and kept in view before quoting the rates. No claim on this account shall be entertained by the Railway under any circumstances except the price escalation payable as per price variation clause, if any, provided separately in the tender documents

(i) Tenderers will examine the various provisions of the Central Goods and Services Tax Act 2017(CGST) Integrated Goods and Service Tax Act. 2017 (UGST)/respective states Goods and Services Tax Act (SGST) also, as notified by /central/Sate 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. (ii) 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. (iii) 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 Railway reserves the right to verify all statements, information and documents submitted by the bidder in his tender offer, and the bidder shall, when so required by the Railway, make available all such information, evidence and documents as may be necessary for such verification. Any such verification or lack of such verification, by the Railway shall not relieve the bidder of its obligations or liabilities hereunder nor will it affect any rights of the Railway there under.

(a) In case of any information submitted by tenderer is found to be false, forged or incorrect at any time during process for evaluation of tenders, it shall lead to forfeiture of the tender Bid Security besides banning of business for a period of up to two years. (b) In case of any information submitted by tenderer is found to be false, forged or incorrect after the award of contract, the contract shall be terminated. Bid Security, Performance Guarantee and Security Deposit available with the railway shall be forfeited. In addition, other dues of the contractor, if any, under this contract shall be forfeited and agency shall be banned for doing business for a period of up to two years.

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.

Tenderer should upload the scan copy of all documents relating to Eligibility criteria as mentioned in the tender document both technical and financial criteria (as the case may be) along with their offer, failing which their offer will be considered invalid and same shall be summarily rejected. (Ref:-DRM(Engg.)/CKP's letter No. WA/Tender/Policy/ 15 Dtd.18.08.2015)

The rate quoted by the tenderer should be inclusive of GST, all other Taxes, lead, lift, royalty, loading, unloading, Transportation, etc., as applicable and all other charges livable by the Govt. from time to time. Tenderers will ensure that full benefit of Input Tax Credit (ITC) likely to be availed by them is duly considered while quoting rates and ITC of GST if any shall be passed on to the Railway.

GCC-2022 (April) with up to date correction slip is applicable over for this tenders. It should be the duty of the contractor(s) to make himself duly informed if any correction and amendments of the said General Conditions of contract 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 amendments and corrections the said special conditions of contract of any of them.

General Conditions of Contract and specifications for materials and works are laid down in the Indian Railway/South Eastern Railway Model Schedule of Powers -2018 and Standard General Conditions of Contract-2022(April) and Correction Slip No. 1, 2, 3,4,5,6 ,7,8,9 and 10 with up to date correction slip as the same 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(s) before submitting his tender and again before entering into the said agreement to ascertain all amendments and or correction made to the said General Conditions of Contract.

The firm shall comply with all relevant statutes of Government including Contract Labour (regulations 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) dtd. 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 Railways administration against any claims/liabilities under these acts.

EPF and ESI registration would be mandatory (WHEREVER APPLICABLE) and documents towards EPF and ESI registration shall be submitted before execution of the agreement failing which contract will be terminated.

Tenderer has to upload details of work executed by them in the prescribed format for consideration to qualify of work experience criteria clearly indicating the nature / scope of contract, actual completion cost and actual date of completion for such contract.

(i) 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. (ii) 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.

The scope of work may be increased/decreased as per requirement of Railway Administration.

Tender Documents containing Rate Schedule, Scope of Work, Payment clause, Penalty clause, special condition etc. is uploaded in document section for ready reference.

Condition mentioned in the all uploaded documents are applicable and binding in this contract.