Modification for provision of MCBs and indications onboard of 4.5 KW UREBC in the switch board cabinet for LHB type AC coaches at TATA & ROU depots

The Contractor should have Valid Electrical Contractor License along with valid Electrical Supervisory License/ Certificate issued from Central Govt./any State Govt. for the working voltage related to the work as on closing date of tender. The contractor should also submit the constituent type of firm viz. sole proprietorship firm, partnership firm, Board of directors etc. The contractor should also possess valid license during currency of contract. Valid Electrical contractor License and Supervisory competency Certificate must be upload separately, otherwise offer shall not be considered.

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)

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 VI A and shall be valid for a period of 90 days beyond the bid validity period. The tenderer are advised to upload the Bid Security in case of BG as per Annex VI A for BID SECURITY uploaded in document Tab. Also,the original Bank Guarantee should be delivered in person to the official nominated as indicated in the tender document within 5 working days before closing date for submission of bids (i.e. excluding the last date of submission of bids).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. NOTE- Bank Guarantee for Bid Security shall be Acting Through DRM/Elect/CKP and Beneficiary shall be FA & CAO/S.E.Rly/Garden Reach/Kolkata

All the prevailed instructions issued by Railway Board as well as latest instruction issued by Railway board for dealing of contractual matter shall be applicable in this tender work whichever not mentioned in this tender document.

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

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 tenderer has to opt for taking payment through letter of credit (LC)as perRailway Board's letter no. 201 8/CE-I/CT/9 dated 04.06.18

Indian Railways Standard General Conditions of Contract, April 2022 of Works contract with all upto date correction slip till completion period of the work shall be applicable for this tender.

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. (ii) The original Bank Guarantee should be delivered in person to the offiec of the Sr. Divisional Electrical Engineer (General), Chakradharpur, West Singhbhum, Jharkhand PIN-833102 within 5 working days of deadline 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 Divisional Electrical Engineer(G), Chakradharpur, South Eastern Railway, Po- Chakradharpur, Dist- West Singhbhum, Jharkhand . (viii) If the envelope is not sealed and marked as instructed above, the Authority 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. (v) Bid Security in the form of Bank Guarantee, it should be in favour of "FA&CAO, South Eastern Railway, Garden Reach, Kolkata- 700043"

The Contractor shall not sub- contract the Works comprising more than 40% (Forty Percent) of the Contract Price and shall carry out Works for at least 60% (Sixty Percent) of the total contract price directly under its own personnel. The Parties expressly agree that for the purpose of computing the value of sub-contracts under this clause 3.2.1, the Contract Price shall exclude any sub-contract for the procurement of goods and equipment like [rails, sleepers and track fittings, signaling and telecommunication & power supply equipment]. The Parties agree that all obligations and liabilities under this Agreement for the entire Railway Project shall at all time remain with the contractor. {The parties agree that works equal to at least 30% (thirty Percent) of the Contract Price shall be discharged solely by the Lead Members.} & Procurement of material, hire of equipment or engagement of labour by prime contractor of procuring entity will not mean sub-contracting. & May be deleted if the Contractor is not a Consortium/Joint Venture.

The successful bidder shall submit the Performance Guarantee (PG) amounting to 5% of the original contract value and Additional Performance Guarantee as per clause 16(4)(h) mentioned in Advance Correction Slip No. 11 to Indian Railway Standard General Conditions of Contract, April- 2022 in any of the following forms (i)A deposit of Cash. (ii)Irrevocable Bank Guarantee. (iii)Insurance Surety Bond as per Annexure - XVII Note:- In case of extension of Date of completion, selected bidder needs to submit extended Insurance Surety Bond/fresh Insurance Surety Bond/fresh Performance Security, in any form as given above, before expiry of existing Insurance Surety Bond. (iv)Government Securities including State Loan Bonds at 5% below the market value: (v)Pay orders and Demand Drafts tendered by any Schedule Commercial Bank of India. (vi)Guarantee Bonds executed or Deposits Receipts tendered by any Scheduled Commercial Bank of India. (vii)Deposit in the Post Office Savings Bank (viii)Deposit in the National Savings Certificates. (ix)Twelve years National Defence Certificates (x)National Defence Bonds & (xi)Unit Trust Certificates at 5% below market value or at the face value whichever is less. Also, FDR in favour of FA&CAO (free from any encumbrance) may be accepted.

(i) If a bidder quotes less than the advertised tender value, •If the quoted rate is 0% to 5%(inclusive) below the advertised cost ,No additional Performance Guarantee is required. (ii)If the quoted rate is more than 5% below the advertised cost, The bidder must submit an additional Performance Guarantee of 5%. Additional Performance Guarantee should be submitted by the succesfull bidder as per clause 16(4)(h) mentioned in Advance Correction Slip No. 11 to Indian Railway Standard General Conditions of Contract, April- 2022 .

The bidders will have to make payment towards tender document cost and earnest money through online payment modes only like net banking, debit/ credit cards etc. available on IREPS portal.

The rates to be quoted are inclusive of GST and all other charges and taxes levied by the state as well as Central Govt. from time to time

Multiple L-1 :- In case of more one L-1 bidders, tender may be awarded to tenderer having Bid Capacity. In case Bid Capacity is also the same, tenderer having done more value of similar work in last three previous financial years and the current financial year upto the date of opening of the tender, may be selected for the award. Instruction with respect to Bid Capacity will follow. (Railway Board Letter No. 2017/Trans/01/Policy New Delhi, dated. 08.02.2018)

Price variation Clause (PVC):- Price variation Clause (PVC) is not applicable in all works contract tenders having value less than Rs. 2 Crore as defined in GCC upload in the instant tender.

The tenderer should read the tender schedule along with explanatory notes in respect of the work and site condition carefully and seek clarification if any before submitting the tender paper. No clarification/dispute will be entertained afterwards. Any clarification/disputes after opening of tender in this regard will be decided by Sr.DEE/G/CKP and his decision shall be final and binding on the contractor.

It may be noted here that the conditions of Indian Railways Standard General Conditions of Contract with up to date correction slip of S. E. Railway, all provisions of relevant codes, manual etc.( with the latest amendment, if any), are generally applicable unless specifically mentioned otherwise in this paper. The intending tenderer before submission of tender is advised that in his own interest to study the tender papers carefully without prejudice to the generally of the foregoing and the tenderer shall inspect the site and surrounding of the works specified in the tender documents and shall satisfy himself by careful examination before submission of the tender as the nature of site , soil and local conditions, availability of labour and materials for execution of work, the means of access to site supply of power, water, availability of accommodation etc. and shall make local and independent inquiries as to matters for and things referred to or implied in the tender documents. Railways shall not entertain the tenderer in any form or plea of ignorance, difficulties doubts, misconception and mis-appreciation thereof effecting the execution and completion of work.

Bid Security: The tenderer shall be required to submit the Bid Security with thetender for the due performance with the stipulation to keep the offer open tillsuch date as specified in the tender, under the conditions of tender. The BidSecurity shall be as under: Value of the Work Bid Security (I) For worksestimated to cost up to 1 crore- 2% of the estimated cost of Value of the Work(II) For works estimated to cost more than 1 crore- 2 lakh plus ½% (halfpercent) of the excess of the estimated cost of work beyond 1 crore subject toa maximum of 1 crore Note: (i) The Bid Security shall be rounded off to thenearest 100. This Bid Security shall be applicable for all modes of tendering.(ii) Any firm recognized by Department of Industrial Policy and Promotion(DIPP) as 'Startups' shall be exempted from payment of Bid Security detailedabove. (iii) Labour Cooperative Societies shall submit only 50% of above BidSecurity detailed above. (b) It shall be understood that the tender documentshave been issued to the tenderer and the tenderer is permitted to tender inconsideration of stipulation on his part, that after submitting his tender he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the Engineer. Should the tenderer fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to the Railway. (c) If his tender is accepted, this Bid Security mentioned in sub para (a) above will be retained as part security for the due and faithfulfulfillment of the contract in terms of Clause 16 of the Standard GeneralConditions of Contract. The Bid Security of other Tenderers shall, save asherein before provided, be returned to them, but the Railway shall not beresponsible for any loss or depreciation that may happen thereto while in theirpossession, nor be liable to pay interest thereon.

GENERAL INSTRUCTIONS:It may be noted here that the conditions of General conditions of contract (G.C.C.)(with the latest amendment, if any) of Indian Railways, all provisions of relevant codes, manual etc.( with the latest amendment, if any),all circulars issued by the railway pertaining to the works are generally applicable unless specifically mentioned otherwise in this paper. The intending tenderer before submission of tender is advised that in his own interest to study the tender papers carefully without prejudice to the generally of the foregoing and the tenderer shall inspect the site and surrounding of the works specified in the tender documents and shall satisfy himself by careful examination before submission of the tender as the nature of site , soil and local conditions, availability of labour and materials for execution of work, the means of access to site supply of power, water, availability of accommodation etc. and shall make local and independent inquiries as to matters for and things referred to or implied in the tender documents Railways shall not entertain the tenderer in any form or plea of ignorance, difficulties doubts, misconception and mis-appreciation thereof effecting the execution and completion of work.

SIGNING OF TENDERS AND POWER OF ATTORNEY: In case of a firm not registered under partnership Act, all the partners or the attorney duly authorized by all of them should sign the tender and other connected documents. A copy of the document empowering the individual to sign should also be sent with the tender. In any case, tender should disclose his constitution fully and copies of all necessary legal documents in support thereof should be submitted with the tender and originals thereof should be produced as and when called for. Any individual signing the tender or other documents connected therewith should specify whether he is signing. (i)As sole proprietor of concerned or his attorney or (ii)As a partner or partners of the firm or (iii)For the firm per procreations or (iv)As a director, Manager or Secretary in the case of limited company.

TENDER ADDRESSES: Every tenderer shall state in the tender his postal address fully and clearly. Any communication sent to the tenderer by post at his said address shall be deemed to have reached the tenderer duly and in time notwithstanding the fact that the communication did not reach the tenderer at all or in time for the reasons whatsoever Important document shall be sent by Registered post.

RESULTS OF TENDER : The acceptance of the tender will rest with competent Tender accepting authority as per SOP-2018 or latest for and on behalf of the president of India who reserves the right to decide the tender amongst more than one tenderer, if deemed necessary and also to reject any or all tenders received without assigning any reasons and does not bind himself to accept the lowest or any tender.

VALIDITY OF TENDER : The contractor shall keep the offer viz. the tender and/or tenders as may be modified by negotiations open for acceptance for a period of 60 days from the date on which tender/tenders is/are opened and in default, the Earnest Money deposited by him shall be forfeited to the Railway.

Performance Guarantee: The procedure for obtaining Performance Guarantee is outlined below:(a) The successful bidder shall have to submit a Performance Guarantee (PG) within 21 (Twenty one) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 21 (Twenty one) days and up to 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 22ndday after the date of issue of LOA. Further, if the 60thday 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 Bid Security and other dues payable to the contractor against that particular contract, subject to maximum of PG amount. In case a tenderer has not submitted Bid Security on the strength of their registration as a Startup recognized by Department of Industrial Policy and Promotion (DIPP) under Ministry of Commerce and Industry, DIPP shall be informed to this effect. The failed Contractor shall be debarred from participating in re-tender for that work.

(b)The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% of the original contract value:-(i)A deposit of Cash;(ii) Irrevocable Bank Guarantee;(iii) Government Securities including State Loan Bonds at 5% below the market value;(iv) Pay Orders and Demand Drafts tendered by any Scheduled Commercial Bank of India;(v)Guarantee Bonds executed or Deposits Receipts tendered by any Scheduled Commercial Bank of India;(vi) Deposit in the Post Office Saving Bank;(vii) Deposit in the National Savings Certificates;(viii)Twelve years National Defence Certificates;(ix) Ten years Defence Deposits; (x)National Defence Bonds and(xi) Unit Trust Certificates at 5% below market value or at the face value whichever is less. Also, FDR in favour of FA&CAO (free from any encumbrance) may be accepted.

(c)The Performance Guarantee shall be submitted by the successful bidder after the Letter of Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G. shall be initially valid upto the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work gets extended, the Contractor shall get the validity of P.G. extended to cover such extended time for completion of work plus 60 days.(d)The value of PG to be submitted by the Contractor is based on original contract value and shall not change due to subsequent variation(s) in the original contract value.(e)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. (f)Whenever the contract is rescinded, the Performance 17.1.1 Guarantee already submitted for the contract shall be encashed.(g)The Engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (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.

ADDITIONS AND ALTERATIONS: Railway Administration may require modifications to be carried out on the works considered necessary either during the execution or after a part of whole of the installations coming within the purview of the contract such modifications shall be carried out, only after the additional prices , if any proposal by the contractor are accepted by the Railway Administration. If any additional quantum of the works specified in the schedule becomes necessary during the course of execution , the contractor may be called upon to carry out such , additional works to the extent of 25% of the original contract quantity at the same rates, terms and conditions without inviting any fresh quotations .

SAFETY MEASURES: The contractor shall take all precautionary measures in order to ensure the Protection of his own personal moving about or working in the Railway premises, but shall then conform to the rules and regulations of the Railways . The contractor shall abide by all Railway regulations in force for the time being and ensure that the same are followed by his Representatives , agent or sub-contractor of workmen . He shall give due notice to his employees and workers about the provisions of the Para. The contractor shall indemnify and keep the Railway Administration indemnified a n d harmless against all actions, suits , claims, demands, other charges or expenses arising in connection with any accidents , death or injury sustained by any person(s) within the Railway premises and any loss or damage to Railway property sustained , due to the acts or omissions of the contractor, or his staff during the execution of this contract irrespective o f whether su ch liability arising under the workmens compensation Act 1923 or fatal accidents Act or any other stature in force for the time being .

EXECUTION OF AGREEMENT: The contractor is required to execute a formal agreement in prescribed form with the Railway Administration on the lines of the Tender conditions and until the formal agreement is executed , the LOA by the Railway Administration shall be valid and binding on the contractor in all respects .

REFUND /FORFIETURE OF Bid Security Money: The Bid Security money including the amount taken as security deposit for the due performance of the stipulation to keep the offer open till the date specified in the tender under appropriate clause (i.e Minimum validity of offer ) hereof shall be refunded to the unsuccessful tenderer(s) within a reasonable time after finalization of the tender case . The earnest money deposited by the successful tenderer(s)shall be retained towards the security deposit for the due and faithful fulfillment of the contract but shall be forfeited by the purchaser without prejudice to any other rights or remedies available to it if the contractor fails to execute the Agreement bond or start the work within a reasonable time (to be determined by the Engineer at site) after notification of the acceptance of his/their tender. REFUND /FORFIETURE OF EARNEST MONEY/Bid Security Money is governed as per GCC-April 2022.

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

RAILWAY PASSES: No free Railway passes will be issued for the contractor

SPECIFIED RAILWAY STORES: Materials which are to be supplied by the Railways for Execution of the work will be handed over to the contractor by the consignee from his store against Indemnity Bond.

COMMUNICATION TO BE IN WRITING : All notices communications, reference and complaints made by the purchaser of his Engineer or the Engineers representative or the contractor concerning the works shall be in writing and no notice communications reference or complaint not in writing shall be recognized. The list of addresses to which correspondence and documents relating to the contract should be sent are indicated in the tender papers

SUBLETTING OF CONTRACT : The Contractor shall not assign or sublet the contract or any part thereof or allow any person to become interested there in any manner whatsoever without the special permission in writing of the Chief Engineer. 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. The permitted subletting of work by the Contractor shall not establish any contractual relationship between the sub-contractor and the Railway and shall not relieve the Contractor of any responsibility under the Contract.

RETURN OF UN-UTILISED MATERIALS OF THE PURCHASER: Such materials as have been issued to the contractor but left behind with him UNUTILISED, shall be determined after reconciliation with the actual quantum of issued vis-a-vis utilized for execution of the work and returned by the contractor to the purchasers depot at no extra cost in the same shape and condition of the materials as were issued to the contractor(s). If the contractor fails to return such materials, the cost of such will be recovered at a rate at twice the book rate or twice the market rate enhanced whichever is higher. Every effort will be made by the purchaser to supply the materials as listed in part-II at the appropriate time. However suitable extension of time will be granted to the contractor in case of delay for supply of said materials by the purchaser any reason whatsoever and no claim of compensation from the contractor for such delay by the purchaser will be entertained. NOTE:The contractor shall hand over all empty drums, wooden carats and other packing materials used for the issue of purchasers materials to the purchasers depot

CARRIAGE OF MATERIALS : No forwarding orders shall be issued by the purchaser for the transportation of Contractors materials, tools and plant by rail or by road to the work site which may be required for use in the works and the contractor shall pay full freight charges at public tariff /rates there for. No Road permit for contractors supply material will be issued by Railways

ACCIDENTS AND DAMAGES TO INSTALLATIONS ETC: The contractor shall be responsible for all repairs and rectification of damage to installations erected or under erection due to accident or any other cause during the course of the contractors work at site inclusive of the guarantee period at no extra cost to the purchaser. All costs, damages or expense which the purchaser may incur, for which under the terms of contract, the contractor is liable may be either deducted by the purchaser at his discretion from any money due or to become due to refundable by the purchaser to the contractor under the contract , or may be recovered by action of law or otherwise from the contractor . The purchaser reserve the right and shall be entitled to retain payments due to the contractor under this contract and to set off the same against all claims whether arising out of this contractor out of any other transaction whatever with the contractor.

PROVISION OF PAYMENT OF WAGES ACT : The contractor shall comply with the provision of payment of wages Act 1936 as amended up to date and the rules made thereunder in respect of all employees employed by him in the works, if in compliance with the terms of the contract , the contractor directly or through the petty contractors or subcontractors shall supply any labour to be used wholly or partly under the direct orders and control of the engineer whether in connection with the work to be executed here under or otherwise for the purpose of the engineer such labour shall never the less be deemed to be , comprise of person employed by the contractor and any money which may ordered to be paid by the engineer on behalf of the contractor and engineer may on failure by the contractor to repay such moneys due to the contractor in terms of the contractor. The purchaser shall be entitled to deduct from any moneys due to the contractor (whether under the contract or any other of compensation of aforesaid or for costs of expense in connection with any claim there) and the decision of the engineer upon any question arising out of the effect or force of this clause shall be final and binding upon the contractor.

WAGES TO LABOUR : The Contractor shall be responsible to ensure compliance with the provision of the Minimum Wages Act, 1948 (hereinafter referred to as the "said Act") and the Rules made thereunder in respect of any employees directly or through petty Contractors or sub-contractors employed by him for the purpose of carrying out this contract.If, in compliance with the terms of the contract, the Contractor supplied any labour to be used wholly or partly under the direct orders and control of the Railways whether in connection with any work being executed by the Contractor or otherwise for the purpose of the Railway such labour shall, for the purpose of this Clause, still be deemed to be persons employed by the Contractor. If any moneys shall, as a result of any claim or application made under the said Act be directed to be paid by the Railway, such money shall be deemed to be moneys payable to the Railway by the Contractor and on failure by the Contractor to repay the Railway any moneys paid by it as aforesaid within seven days after the same shall have been demanded, the Railways shall be entitled to recover the same from Contractor's bills/Security Deposit or any other dues of Contractor with the Government of India.

CONTRACT LABOUR ACT: The contractor is liable to observe the provisions of contract labour Act and get himself registered under the concerned labour officer as per provision of the Act. He has to state the number of labour engaged by him for carrying out the work before signing of agreement . For any violation of the said Act , the contractor is liable for prosecution by the Labour Enforcement Officer (Central) under whose jurisdiction the Work is being executed and the amount of penalty if any , will be deducted from contractors final bill on advise of the labour court.

POWER OF MODIFICATION TO CONTRACT : The engineer in charge of the execution of the work on behalf of the purchaser shall be entitled by order in writing to enlarge or extend, diminish or reduce the works or make any alternations 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 or thereof or to order any additional works 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 . (1 ) Unless otherwise specified in the special conditions of the contract, the accepted variation in quantities for the contract overall would be up to 25 % of the quantity originally contracted . The contractor shall be bound to carry out the work at the agreed rates and shall not be entitled to any claim or any compensation whatsoever up to the limit of 25% variation on the contract value originally contracted. (2) The enlargement , extensions, diminution, reductions, alternations or additions referred to in clause in no degree affect the validity of the contract but shall be performed by the contractor as provided therein and be subject to the same conditions, stipulations and obligations as if they had been originally and therein and be subject to the same conditions stipulations and obligations as if they had been originally and expressly included and provided for in the specifications and drawings and the amount to be paid therefore shall be calculated in accordance with the accepted schedule of rates, any extra items/ quantities of work failing outside the purview of the provisions of appropriate sub-clause above shall be paid for at the rates determined (i.e. rates for the extra items of work of these conditions)

COMPLIANCE TO ENGINEERS INSTRUCTIONS : The Engineer shall direct the order in which the several parts of the works shall be executed and contractor shall execute without delay all orders given by the engineer from time to time but the contractor shall not be relieved thereby from responsibility for the due performance of the works in all respects. Alternations to be authorized: No alternations in or additions to or commission or abandonment of any part of the works shall be deemed authorized except under instructions from the engineer and the contractor shall be responsible to obtain such instruction in each and every case.

EXTRA WORK: Should works over and above those included in the contract required to be executed at the site the contractor shall have no right to entrust with the execution of such works which may be carried out by another contractor or contractors or by other means at the options of the purchaser. Separate contract in connection with works: The purchaser shall have the right to let other contractors in connection with the works the contractor shall afford other contractor reasonable opportunity for the storage of their materials and the execution of their works and shall properly connect and coordinate his works there. If any part of the contractor work depends for proper execution or result upon the work of another contractor, the contractor shall inspect and accordingly report to the engineer any defects in such work that render it unsuitably for such proper execution and result . The contractors failure so to inspect and report shall constitute acceptance of the other contractors work except as to defects which may have developed in the other contractors work after the execution of his work.

ILLEGAL GRATIFICATION : Any bribe, commission, gifts or advantages given, promised or offered by or on behalf of the contractor or his partner, agent or servant or any one of his or on their, behalf in relation to the obtaining or the execution of this or any other contract with purchaser shall in addition to any original liability which he may incur , subject to the contractor to the recession, of the contract and all other contracts with the purchaser and to the payment of any loss or damage resulting from such rescission and the purchaser or damage resulting from such rescission and the purchaser shall be entitled to deduct the amount so payable from any money due to the contract under the contract or any other contracts with the purchaser. The contractor shall not lend or borrow from or have or enter into any monetary dealings or transactions either directly or indirectly with any employee of the purchaser and if he shall do so the purchaser shall be entitled forthwith to rescind the contracts and all other contracts with the purchaser. Any question or dispute as to the commission of any offence or compensation payable to the purchaser under this clause shall be settled by the General Manager in such manner as he shall consider fit and sufficient and his decisi on shall be final and conclusive.

ADHERENCE TO SPECIFICATION AND DRAWINGS: The whole of the works shall be executed in perfect conformity with specifications and drawings of the contract. If the contractor performs any work in manner contrary to the specifications or drawings or any of them and without such reference to the engineer, shall have to bear all the costs arising of ensuring and shall be responsible for the losses to the purchaser.