Overhauling of valves of CCB II system of HHP Locomotives of Diesel Loco Shed, Raipur (Qty-12 sets).

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Name of Work: Overhauling of valves of CCB II system of HHP Locomotives of Diesel Loco Shed, Raipur.

Consignee: Sr. Section Engineer (Diesel)/ Raipur.

Quantity: 12 sets of valves of CCB-II system.

Place of Work: Firm's Premises

Completion Period: The Work shall be completed within 12 months from the date of commencement of work.

This contract shall be covered by "General Conditions of Contract (GCC) for Works-2022" of Railway with the latest amendments. In executing this contract, it would be deemed that the contractor has kept himself fully informed of the provisions of the GCC including all corrections and amendments. In the event of any conflict or inconsistency between General terms and Conditions of Contract and Special Terms and Conditions of Contract, the latter will prevail.

Since this is an "all-inclusive contract" no cost addition or alteration in respect of materials, workmanship or tools and transportation will be entertained. SVC will only be acceptable on Taxes, Duties etc. which will be imposed by Central or State Govt. newly/any variation during the execution period on production of valid documentary evidence regarding the increase in existing or newly imposed by Central or State Govt.

The submission of the tender will be deemed to imply that the memorandum and all documents enclosed have been studied and understood, that the tenderer is aware of the full scope of the work to be done and the conditions affecting the execution.

Sr. DME (D)/Raipur reserves the right to reject/accept the whole or part of the offer or for the portion of the quantity indicated in the offer without assigning any reason there upon and the right to open negotiations and to call for revised offers or to alter or to modify any of the conditions or to incorporate any new conditions as found necessary till the contract is finally executed.

Income Tax: In terms of Income tax act 1961, as amended from time to time, the Railway administration shall at the time of arranging payment to the contractor for carrying out the work under these contracts entitled to deduct income tax at prevailing rate. The Railway administration shall furnish a certificate to the extent of income tax deducted at source under this contract.

Time limit for overhauling: The entire work shall be completed within 12 months from the date of issue of LOA by the Railways and the firm will deliver each set of overhauled valves within 90 days from the date of receipt from shed. The work should be started immediately on submission of Performance Guarantee after receiving LOA and carried out in consultation with Sr.DME (D)/R and any information required by you in connection with the above work is to be obtained from him (or) his authorized representative at shed.

During overhauling the firm shall compulsorily replace all the materials as per overhauling kit. All the items replaced must be as per KB part number only.

Inspection: a)The firm should submit WTC (Work Test Certificate) along with the overhauled Valves and LRU's. b)Final Inspection: This will be done at shop floor/loco of DLSR by the authorized Engineer-in-Charge of DLS/R and Contractor's representative after completion of work to check for proper quality of work. c)It may be clearly noted that the final acceptance will be granted by the Railway only on successful completion and testing to the satisfaction of Sr.DME (D)/Raipur.

Penalty: The overhauling work for Valves and LRU's of CCB II of Diesel loco shed, Raipur should be done properly and in accordance with the scope of work with the entire satisfaction of the representative of the Sr. DME (D)/Raipur failing which penalty will be imposed for unsatisfactory work or delay in work and shall be charged from the bills/security deposit pending with the railways. Overall liability in any case shall not exceed 5 % of the contract value

If the contractor fails to execute and complete the work (Delivery of valve with testing in locomotive/shop floor) within stipulated period i.e. 90 days, a sum of Rs 200/- per day per loco set of valves shall be levied.

Token Penalty of Rs.3000/- will be levied in the condition of unscheduled withdrawal of loco from service during warranty period:- a) On account of bad workmanship of firm for the activities covered out during overhauling. b) Due to any defect in the material provided during overhauling of valves.

If the firm fails for collection of removed set of valves and equipment within 15 days of intimation, penalty of Rs.200/- per day shall be applicable.

Any damage to the Railway equipment/ property during working in shops, offices, transportation, etc. on the part of the contractor shall be recovered equal to the cost of damage.

Any failure within the warranty period will force the firm to repair/ replace the valves/LRU within one month free of cost from the date of intimation by telephonic call/ mail/ fax/Whatsapp.

Neither material nor overhauling cost, transportation cost shall be paid to the contractor by the Railways under the warranty obligations.

All the penalties are at the discretion of Sr. DME/DLS/R depending upon the investigation and merits of the case i.e. against signed Joint Note between IR & Firm representative

Payment Terms: On account bill for the completed quantity during the month or months period depending Upon quantum of work as per schedule of work to the entire satisfaction of the Railways and certification of authorized representative and acceptance by nominated officer of Sr. DME (D)/R. The Payment shall be made as per the schedule of work for the actual quantity carried out. Payment for condition-based item shall be made as per actual spares changed. A bill in triplicate in Railways prescribed form and as per Railway's rules in force has to be prepared, which has to be signed by the contractor. Discrepancies, if any found on the Bill shall be notified to the contractor by Railways for rectification. Taxes as applicable at the time will be recovered from the bill. The contractor's bill duly signed & dated by the contractor for each on account payment will be submitted to Sr.DME (D)/DLS/Raipur in triplicate along with relevant documents. Railway reserves the right to make any of the following deductions: 1. Any statutory deduction as applicable as per the orders of the Govt. of India or the State Govt. 2. Fines as per the terms of contract. 3. Financial liability on the Railway due to defective work done by the contractor while executing this contract Sr.DME (D)/DLS/Raipur will be Bill passing officer and Sr.DFM/Raipur will be Bill Paying officer. Payment will be made after producing authentic documentary evidence of GST amount paid. As this is a works contract procedures pertaining to IRWCMS will be followed. All bills for payment shall be accompanied by the following:- a) WTC, Contractors challan (Three copies) and original GST invoice for the supplied quantity b) Acceptance certificate granted by the authorized representative of Sr. DME (D)/R.

Mode of Payment: Tenderer to give consent in a mandate form for receipt of payment through ECS/EFT. Tenderer to provide the details of Bank A/c in line with RBI guidelines for the same. These details will include Bank Name, Branch Name & address, account type, Bank A/c No. and Bank & Branch Code as appearing on MICR cheque issued by bank. Tenderer to attach certificate from their bank certifying the correctness of all above mentioned information (as mentioned in Para (2) above). In case of non-payment through ECS/EFT or where ECS/EFT facility is not available, payment will be released through cheque.

Execution of Work by Contractor: The work is to be done as per technical specification under scope of work. Contractor shall be responsible to keep informed the progress of the developments and work in progress to authorized representative of Sr. DME (D)/Raipur from time to time.

E-Way Bill: E-Way Bill generation shall be responsibility of the contractor. Generation of E-Way Bill if required, GST No. of the Consignee will be provided by Railway.

Legal charges: An appropriate fee per legal document, like partnership deed or power of attorney executed before or after the execution of the contract, will be paid by the contractor for obtaining legal Advice from Law Officer.

The contract will remain in force for a period of 24 months from the date of issue of LOA (Letter of Acceptance). However, Railway Administration may terminate the agreement by giving to the contractor duly notice without assigning any reason thereof and in the event of breach of any condition therein, committed by the contractor in the event of any misconduct on the part of the contractor or his workman, it shall be lawful for the Railway Administration to terminate this agreement forthwith without any notice and to forfeit the whole or part of security deposit at his discretion without being liable to the contractor for any loss and damage whatsoever.

The contractor shall remain liable for theft of any Railway material by his staff and he must take necessary proceeding against each staff to prevent such occurrence and shall reimburse to administration for the loss suffered if any. In the event of this being reported cases, the contract shall be terminated by giving notice and the contractor shall be liable for the damage suffered by the administration.

It should be the sole responsibility of the firm to pay all the taxes which are implemented by state or central government.

Rate quoted in the tender shall be deemed to be inclusive of all taxes, royalties, packaging and To &Fro transportation. No additional amount will be paid or claim entertained on this account by the Railway.

The above taxes and any other taxes if applicable are indicative and may vary as per the applicable tax laws from time to time.

The contactor alone shall be responsible for any or all the losses of material or property of Railways or any third party resulting from/during execution of the work or any other activity undertaken by the contractor in execution of the contract for whatsoever reason.

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.

Local conditions: It will be imperative for each tenderer to fully acquaint him of all the local conditions and factors which would have any effect of the performance of the contract and the cost of item of works. The Sr.DME (D)/DLS/Raipur shall not entertain any request for clarification from the tenderers regarding such local conditions. No request for change of price, or time schedule of completion of work shall be entered after the offer is accepted by the Sr.DME (D)/DLS/Raipur. The tenderer can visit the place of proposed work to understand the site conditions and correct appreciation of volume of work to be done, if necessary.

Arrangements for permits/way bill and license: for arrangements for permits and license for materials, contractor will have to make his own arrangements. Also no import license shall be arranged by the Railway for this work. The contractor should make his own arrangements for the required vehicles, such as tractors, trailers, road lorries etc and other tools and plants etc for the expeditious progress of work at his own cost with men and consumable stores The contractor should bring the mater]al for the work, to work spot with proper RPF gate entry.

Damage to railway property or Life: 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 from whatsoever cause in connection with the works until they are taken over by the Railway, although all reasonable and proper precautions may have been taken by the Contractor. This is to be read in conjunction with clause 14 of special terms and conditions.

Errors and omissions and discrepancies: - The Tenderer shall not take any advantage of any misinterpretations of the conditions due to typing or any other error and if any contradiction, only the printed rules and books should be followed and no claims for the misinterpretation shall be entertained.

Procedure for settling of disputes with contractor: The provision of clauses 63 & 64 of the "General Conditions of Contract (GCC) for Works Contract-2022" with latest amendments will be applicable for settlement or claims or disputes between the contractor and Railway administration.

Statutory Variation Clause (SVC): SVC will be applicable. Any statutory variation in Taxes and Duties or any fresh Taxes and duties imposed by the Central or State Government during execution of contract will be paid by railway on submission of documentary evidence of such payment.

Price Variation: As per RB L.No.2017/Trans/01/Policy dated 08.02.2018 if the cost of tender is less than Rs 5 Crore PVC shall not be applicable. Therefore PVC clause shall not be to this contract.

Right of Railway to determine the contract: As per clause 61 & 62 of "General Conditions of Contract (GCC) for Works Contract- 2022", the Railway shall be entitled to determine and terminate the contract at any time should, in the Railway's opinion, the cessation of work becomes necessary owing to paucity of funds or from any other cause whatever.

Goods and Service Tax (GST): a. All the bidders/tenderers should ensure that they are GST compliant and their quoted tax structure/rates are as per GST Law. b.If the firm 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. c.In case the firm 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. d.GST levied will be subjected to revision as per Government guidelines henceforth. e. GST will be reimbursed as applicable, on production of authentic documentary evidence. f. In case there is any further change in the GST tax structure till the date of completion of work or any error is noticed in the calculation of amount payable recoverable till the release of Final Bill amount to contractor, the same shall be paid by the Railways or recovered from the contractor's bills/security deposit or any other dues of contractor with the Govt. of India. g. Any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in prices. h. TDS on GST will be made as the clauses of relevant acts. i. Payment of GST will be made as prevalent on the date of execution of work.

All other terms & conditions will be as per "General Conditions of Contract (GCC) for Works Contract-2022" issued by Railway with latest amendments.

All decisions on behalf of Railway administration will be taken by Sr.DME (D)/DLS/Raipur, S.E.C. Railway and shall be final and binding on the contractor.