Outsourcing of OHE Maintenance and Attending Breakdown Activities in Jurisdiction of BLP,SOT,BRK & PD of LJN Division N.E. Railway for Two Years.

WORKS CONTRACT - Financial Eligibility Criteria for Tenderer is as follows for the tender value above 50 lac - The tenderer must have minimum average annual contractual turnover of V/N or 'V' whichever is less; where V= Advertised value of the tender in crores of Rupees, N= Number of years prescribed for completion of work for which bids have been invited. The average annual contractual turnover shall be calculated as an average of "total contractual payments" in the previous three financial years, as the audited balance sheet. However, in case balance sheet of the previous year is yet to be prepared / audited, the audited balance sheet of the fourth previous year shall be considered for calculating average annual contractual turnover.

WORKS CONTRACT - No Financial credentials are required for tenders having value up to Rs 50 lakh.

The tenderer shall submit requisite information as per Annexure -VIB, along with copies of Audited Balance Sheets duly certified by the Chartered Accountant/ Certificate from Chartered Accountant duly supported by Audited Balance Sheet.

WORKS CONTRACT - Financial Eligibility Criteria for Tenderer is as follows for the tender value above 50 lac - The tenderer must have minimum average annual contractual turnover of V/N or 'V' whichever is less; where V= Advertised value of the tender in crores of Rupees, N= Number of years prescribed for completion of work for which bids have been invited. The average annual contractual turnover shall be calculated as an average of "total contractual payments" in the previous three financial years, as the audited balance sheet. However, in case balance sheet of the previous year is yet to be prepared / audited, the audited balance sheet of the fourth previous year shall be considered for calculating average annual contractual turnover.

The tenderer shall submit requisite information as per Annexure -VIB, along with copies of Audited Balance Sheets duly certified by the Chartered Accountant/ Certificate from Chartered Accountant duly supported by Audited Balance Sheet.

Please furnish the list of personnel, organization available in hand and proposed to be engaged for the subject work.

Furnish the list of plant & machinery available in hand (own)and proposed to be included (own and hired to be given separately) for the subject work.

Furnish the List of Work completed in the last three financial year giving description of work, organization for the time of award, date of award and date of schedule completion of work. Date of actual start, actual completion date and final value of contract should also be given.

Furnish the list of work in hand including description of work, contract value and approximate value of balance work yet to be done and date of award.

Furnish the Audited balance sheet duly certified by the Chartered Accountant for last three years.

At the time of submission of bid, if you have any special condition then upload in scanned PDF copy.

Please Submit your bank details i.e. Name of the bank along with bank branch code, Account Number, IFSC Code and PAN details.

Status of the Firm and Related documents such as affidavit, registration, partnership deed, power of attorney etc.

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.

Tenderer shall submit an undertaking that he is not blacklisted or debarred by Railways or any other Ministry/ Department of Govt. of India from participation in tender on the date of opening of bids, either in individual capacity or as member of the partnership firm or JV in which he was/ is a partner/ member.

WORKS CONTRACT - The successful bidder shall have to submit a Performance Guarantee (PG) within 21 (Twenty one) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 21 (Twenty one) days and upto 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 12% per annum shall be charged for the delay beyond 21(Twenty one) days, i.e. from 22nd day after the date of issue of LOA. Further, if the 60th day happens to be a declared holiday in the concerned office of the Railway, submission of PG can be accepted on the next working day.

In all other cases, if the Contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract is liable to be terminated. In case contract is terminated railway shall be entitled to forfeit Earnest Money Deposit and other dues payable against that contract. In case a tenderer has not submitted Earnest Money Deposit on the strength of their registration as a Startup recognized by Department of Industrial Policy and Promotion (DIPP) under Ministry of Commerce and Industry, DIPP shall be informed to this effect. The failed Contractor shall be debarred from participating in re-tender for that work.

WORKS CONTRACT - The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% of the contract value Additional Performance Guarantee as per clause 16(4)(h) in any of the following forms :- (i) A deposit of cash; (ii) Irrevocable Bank Guarantee; (iii) Insurance surety bond as per Annexure-XVII (Advance Correction Slip No.9) 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. (iii)Government Securities including State Loan Bonds at 5% below the market value; (iv)Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of Performance Guarantee could be either of the State Bank of India or of any of the Nationalized Banks; (v) Guarantee Bonds executed or Deposit Receipts tendered by all Scheduled Banks; (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. 16(4)(h) If a tender is accepted on the quoted rates of bidder which is below the advertised tender value, an additional performance security shall be submitted by the bidder as below : Bid quoted in % of advertised cost Below 0 - 5% (inclusive) Additional Performance Guarantee (%) = Nil Bid quoted in % of advertised cost Below 5% Additional Performance Guarantee (%) = 5%.

The tenderer shall upload scanned copies of mandatory credentials such as experience, turn over Certificates and any other documents as applicable.

Works Contract: The Earnest Money deposited with the tender of successful tenderer will be retained as part of security deposit which will be 5 percent of the contract value of work awarded. Security Deposit may be deposited by the Contractor before release of first on account bill in cash or Term Deposit Receipt from Scheduled Bank, or may be recovered at the rate of @ 6 percent of the bill amount till the full Security Deposit is recovered.

Works Contract :- This contract shall be governed by the provision of GCC (General Condition of Contract) April 2022 edition with up to date corrections thereto.

Rates are inclusive of all taxes / octroi, license fee, royalty charges etc. legally leviable by state, Central Government and/or any other local authority.

Income Tax, Cess and any other tax will be recovered as per extant instruction on the subject.

Earnest Money - All the tenderers/ contractors have to deposit Earnest Money Deposite as stipulated in the tender document through online modes as permitted in IREPS application. Payment of Earnest Money (EMD) in respect of e-Tendering, should be accepted through net banking or payment gateway only.

Advertisement Period - Time during which all information pertaining to tender shall be available but offers can not be submitted. i.e from tender publication date to till sixteen days prier to opening of Tender.

Offer Submission Period - Fifteen days prior to opening of tender, during which tenderers can submit their offer.

Tenderer shall submit the documents regarding status of firm along with offers. It is further made clear that partnership firm shall have to attach copy of the latest partnership deed along with latest affidavit certifying the currency of the deed. Similarly, proprietorship firm should also submit the relevant certificate along with latest affidavit regarding currency of the certificate.

WORKS CONTRACT:---- Documents to be Submitted Along with Tender :- (i)The tenderer shall clearly specify whether the tender is submitted on his own (Proprietary Firm) or on behalf of a Partnership Firm / Company / Joint Venture (JV) / Registered Society / Registered Trust / HUF 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.

(ii) Following documents shall be submitted by the tenderer:

(a)Sole Proprietorship Firm: (i)An undertaking that he is not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of opening of bids, either in individual capacity or as a 12.1.1 member of the partnership firm or JV in which he was / is a partner/member. Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the General Conditions of Contract. (ii)All other documents in terms of explanatory notes in clause 10 above.

(b)HU F: (i)A copy of notarized affidavit on Stamp Paper declaring that he who is submitting the tender on behalf of HUF is in the position of 'Karta' of Hindu Undivided Family (HUF) and he has the authority, power and consent given by other members to act on behalf of HUF. (ii)An undertaking that the HUF is not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in 12.1.2 tender on the date of opening of bids, either in individual capacity or as a member of the partnership firm or JV in which HUF was / is a partner/member. Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the General Conditions of Contract. (iii)All other documents in terms of explanatory notes in clause 10 above.

(c)Partnership Firm: (i)The tenderer shall submit documents as mentioned in clause 18 of the Tender Form (Second Sheet).

(d)Joint Venture (JV): The tenderer shall submit documents as mentioned in Clause 17 of the Tender Form (Second Sheet).

(e)Company registered under Companies Act2013: (i)The copies of MOA (Memorandum of Association) / AOA (Articles of Association) of the company (ii)A copy of Certificate of Incorporation (iii)A copy of Authorization/Power of Attorney issued by the Company (backed by the resolution of Board of Directors) in favour of the individual to sign the tender on behalf of the company and create liability against the company. (iv)An undertaking that the Company is not blacklisted or debarred by 12.1.5 Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of opening of bids, either in individual capacity or as a member of the partnership firm or JV in which the Company was / is a partner/member. Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the General Conditions of Contract. (v)All other documents in terms of explanatory notes in clause 10 above.

(f)LLP (Limited Liability Partnership): If the tender is submitted on behalf of a LLP registered under LLP Act-2008, the tenderer shall submit alongwith the tender: (i)A copy of LLP Agreement (ii)A copy of Certificate of Incorporation (iii)A copy of Power of Attorney/Authorization issued by the LLPin favour of the individual to sign the tender on behalf of the LLP and create liability against the LLP. (iv)An undertaking that the LLP is not 12.1.6 blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of opening of bids, either in individual capacity or as a member of JV in which the LLP was / is a member. Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the General Conditions of Contract. (v)All other documents in terms of explanatory notes in clause 10 above.

(g)Registered Society & Registered Trust: The tenderer shall submit: (i)A copy of the Certificate of Registration (ii)A copy of Deed of Formation (iii)A copy of Power of Attorney in favour of 12.1.7 the individual to sign the tender documents and create liability against the Society/Trust. (iv)All other documents in terms of explanatory notes in clause 10 above.

(iii) 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.

(iv)After opening of the tender, any document pertaining to the constitution of Sole Proprietorship Firm / Partnership Firm / Registered Company/ Registered Trust / Registered Society / HUF 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.

(v) A tender from JV / Partnership firm etc. shall be considered only where permissible as per the tender conditions.

(vi)The Railway will not be bound by any change in the composition of the firm made subsequent to the submission of tender. Railway may, however, recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the Contractor.

Tenderers shall quote the nett rate in their offer for the schedule items. Nett rates shall be treated as inclusive of all taxes.

It will be obligatory on the part of the contractors in these favour the contractor is awarded to employ civil Engineers Graduate/Diploma holders for the duration of contracts as under (Rly Bd. Letter no. 2012/CE-I/ CT/O/20 dated 10.5.13):- 1. One Qualified Graduate Engineer when the cost of work to be executed is Rs. 200 lakh and above. 2. One qualified Diploma holder Engineer when the cost of work to be executed is more than Rs. 25 lakh, but less than Rs. 200 lakh. Technical staff should be available at the site whenever required by engineer- in-charge to take instructions. Contd.

In case contractor fail to employ the Technical staff as aforesaid, he shall be liable to pay a reasonable amount not exceeding a sum of Rs. 40000/-(Rupees Forty thousands only) for each month of default in case of Graduate Engineer and Rs. 25000/- (Rupees twenty five thousands only) for each month or part thereof for the default period in case of Diploma holder. The decision of engineer-in-charge as to the period for each the required technical staff as not employed by the contractor and as the reasonableness of the amount to be deducted on this account shall be final and binding on the contractor.

(1) Price Variation Clause PVC shall be applicable only for contracts of value Contract Agreement value Rs. 5 Crore and more, irrespective of the contract completion period. The conditions will be follow with up-to-date correction slips. (2) Price Variation Clause for Annual Maintenance Contract or Zonal Contract :- The price variation Clause of General Conditions of Contract shall not apply to a works contract which is either an Annual Maintenance Contract or a Zonal Contract as per Railway Boards letter No. 2013/CE/I/CT/O/10-PVC-Pt.I dated 27.01.2015 & 2017/Trans/01/Policy dated 08.02.2018.(3) Price Variation Clause shall be applicable accordingly attached document.

STAMP DUTY :- Stamp duty shall be payable @ Rs. 70/- per thousand on security deposit if it is in the form of NSC/FDR and if it is in the form of cash it will be @ 125/- per thousand on thousand on security deposit . Till finalization of the special leave petition by the supreme court , Before execution of contract agreement , Tenderer will have to deposit the stamp duty of Rs. 100/- along with an affidavit " if an order shall be passed by supreme court in above Special Leave Petition in favour of Govt. then tenderer will have to deposit the balance stamp duty in addition to Rs. 100/- against the appropriate head of the deptt.

Tenderer will ensure the genuineness of the stamp papers / stamps being utilized. It will be the responsibility of the party entering into agreement with the railway for its genuineness

Contractor is to abide by the provisions of Payment of Wages act & Minimum Wages act in terms of clause 54 and 55 of Indian Railways General Condition of Contract. In order to ensure the same, an application has been developed and hosted on website 'www.shramikkalyan.indianrailways.gov.in'. Contractor shall register his firm/company etc. and upload requisite details of labour and their payment in this portal. These details shall be available in public domain. The Registration/ updation of Portal shall be done as per para 55C of GCC 2022: