Annual Maintenance Contract (AMC) for 45 Nos. (Major + Mini) Integrated Power Supply Systems (IPS) (HBL Make) over Bilaspur Division by OEM / Authorised Dealer of M/s HBL Power Systems Ltd. for a period of 48 Months (04 Years) on a single tender basis.

Partnership deeds, power of attorney etc.:-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 as item No.14 Part 01 of GCC-2022.

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 (S) shall quote his/their rates as a percentage above or below the schedule of rates of the South East Central Railway, inclusive of GST as applicable to Bilaspur Division, except where he/they are required to quote item rates and must tender for all the items shown in the schedule of approximate quantities attached. The quantities shown in the attached schedule are given as a guide and are approximate only and are subject to variation according to the needs of the Railway. The Railway does not guarantee work under each item of the schedule.

Tenders containing erasures and/or alterations of the tender documents are liable to be rejected. Any corrections made by the Tenderer (S) in his/their entries must be attested by him/them.

Rights of the Railway to deal with tender: 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 no tender(s) shall demand any explanation for the cause of rejection of his/their tender nor the Railway undertake to assign reasons for declining to consider or reject any particular tender or tenders.

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.

If the tenderer(s) expires after the submission of his/their tender or after the acceptance of his/their tender, the Railway shall deem such tender cancelled. If a partner of a firm expires after the submission of their tender or after acceptance of their tender, the Railway shall deem such tender as cancelled, unless the firm retains its character.

Tenderer s Credentials: - Documents testifying tenderer s previous experience and financial status should be produced along with the tender or when desired by the competent authority of the South East Central Railway. Tenderer(s) who has / have not carried out any work so far on this Railway and who is/are not borne on the approved list of the contractors of South East Central Railway should submit along with his/their tender credentials to establish. i. His capacity to carryout the works satisfactorily. ii. His financial status supported by Bank reference and other documents. iii. Certificates duly attested and testimonials regarding contracting experience for the type of job for which tender is invited with list of works carried out in the past.

Non compliance with any of the conditions set forth there in above is liable to result in the tender being rejected.

Execution of contract documents:- The successful tenderer(s) shall be required to execute an agreement with the President of India, acting through the South East Central Railway, for carrying out the work according to the Standard General Conditions of Contract, Special Conditions/Specifications. annexed to the tender and specifications for work and materials of the Railway as amended/corrected up to the latest correction slips, mentioned in the tender form (first sheet).

Partnership deeds, power of attorney, etc.:- The tenderer shall clearly specify whether the tender is submitted on their 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 a copy of the 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, as item No.14 Part 01 of GCC-2022.

The tenderer whether sole proprietor, a company or a partnership firm/Joint venture (JV)/registered Society/registered trust etc. if they want to act through agent or individual partner (s) should submit along with the tender, a 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 submit the tender, sign the agreement, receive money, witness measurements, sign measurement books, compromise, settle, relinquish any claim(s) preferred by the firm and sign No claim Certificate and refer all or any disputes to arbitration.

Should a tenderer or contractor being an individual on the list of approved contractors, have a relative(s) or in the case of partnership firm / company/ joint venture(JV)/registered society/registered trust etc. one or more of his shareholder(s) or a relative(s) of the shareholders employed in Gazetted capacity in the Engineering or any other Department of the South East Central Railway, the authority inviting tenders shall be informed of the fact, at the time of submission of tender, failing which the tender may be disqualified/ rejected or if such fact subsequently comes to light, the contract may be rescinded in accordance with the provision of the Standard General Conditions of Contract.

The contactor shall also employ qualified Graduate Engineer or qualified Diploma Engineer, based on value of contract, as may be prescribed by the Ministry of Railways through separate instructions from time to time. As per GCC-2022 Clause 26A.

Railway reserves the right to draft the vehicles and equipment of contractor in case of accidents/natural calamities involving human lives. For this, separate payment shall be admissible through introduction of NS item as per clause 39(1) of GCC, and the rates decided by the railway of this purpose shall be final and binding on the contractor and shall be an excepted mater and hence shall remain excluded from the preview of the arbitration clause of the agreement.

While executing the work along the Railway track/any other location in the vicinity of underground signalling/Electrical/Telecom/OFC cables, the contractors shall take all precautions to safeguard the cables. A penalty will be imposed as below, if the contractor damages any of these cables even after being advised in writing before the start of the work to take adequate precautions to protect these cables. (In terms of Railway Board's letter No.2003/Tele/RCIL/1/Pt. IX dtd:24.06.2013) Cable damaged Penalty per location Only Quad cable or Signalling Cable Rs. 1.0 Lakh Only OFC Rs. 1.25 Lakh Both OFC & Quad Rs. 1.5 Lakh Electrical Cable Rs. 1.0 Lakh

Joint Procedure Order No.SECR/S&T/Policy/889, dated 05.07.2012, for undertaking earth work in the vicinity of cables issued by CSE/SECR/BSP vide letter No.SECR/S&T/Policy/959, dated 16.07.2012, C.E s cirlular No.16 for safety precautions at work-site in proximity of running lines issued by C.E./SECR/BSP vide letter No.ENGG/TC-2/C.E.Circular/442, dated 16.06.2006 and C.E s cirlular No.31 for quality control at work sites, and maintenance of registers issued by C.E./SECR/BSP vide letter No.Engg/Plg./76/CE s Circular@47"44@ dated 18.08.2011, will be applicable and binding to the contractor.

Price variation clause is not applicable for this tender.

Earnest money:-

(a) The tender must be accompanied by desired sum (as mentioned in NIT) as earnest money in favour of F.A.& C.A.O. S.E.C.Railway Bilaspur if required, deposited through internet banking, Credit /debit card.failing which the tender will not be considered.

(b) The Tenderer(s) shall keep the offer open for a minimum period of Forty five days from the date of opening of the tender. It is understood that the tender documents has been sold / issued to the Tenderer(s) and the Tenderer(s), 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 South East Central 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.

(c) If the tender is accepted, the amount of earnest money will be retained and adjust as security deposit for the due and faithful fulfillment of the contract. This amount of security deposit shall be forfeited, if the tenderer(s) /contractor(s) fail to execute the agreement bond within stipulated period after receipt of notice issued by the Railway that such documents are ready or to commence the work within 15days after receipt of the orders to that effect.

d) The earnest money of the unsuccessful tenderer(s) will, save as herein- before provided be returned to the unsuccessful tenderer(s) within a reasonable time but the Railway shall not be responsible for any loss or depreciation that may happen to the security for the due performance of the stipulation to keep the offer open for the period specified in the tender documents or to the Earnest money while in their possession nor be liable to pay interest thereon.

e) 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 60days 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. Incase 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.Performance guarantee 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 PG extended to cover such extended time for completion of work plus 60 days. The value of PG to be submitted by the contractor will not change for variation upto 25% (either increase or decrease) In case during the course of execution, value of the contract increases by more than 25% of the original contract value, an additional Performance Guarantee amounting as per GCC for the excess value over the original contract value shall be deposited by the contractor. Performance Guarantee shall be released after the physical completion of the work based on the completion certificate issued by the competent authority stating that the contractor has completed the work in all respect satisfactorily. As per Advance Correction Slip No. 11 of GCC-2022, If the tender is accepted on the quoted rates of bidder which is more than 5% below the advertised tender value, an additional performance security shall be submitted by the bidder equal to 5% of the accepted value of the tender. The total performance guarantee in this case will be 10% of the accepted value of the tender.

Tenderer must submit the following documentary evidence in proof of their: -

List of Personnel Organization available on hand and proposed to be engaged for the subject work.

List of Plants and Machinery available on hand (own) and proposed to be inducted (own and hire, to be given separately for the subject work).

List of works completed by Government/Semi-Government (fully owned by Govt) departments in the last three financial years giving a description of the work. Organization for whom executed, approximate value of contract at the time of award, date of award, date of schedule completion and final value of contract should also be given.

List of work on hand indicating description of work, contract value, approximate value of balance work yet to be done.

Deed of Partnership special power of attorney, if any for the work.

Joint venture/MOU/Consortium shall not be accepted.

All the payment will be made through electronic funds transfer only through any of the nationalized/scheduled bank. For this the proforma collect from this office before made first bill and is to be essentially filled up by the tenderer and submit the same to accounts department for releasing the payment.

As per Indian Railways Standard General Conditions Of Contract part-I para 6 (a), proper survey must be done by the tenderer before submission of tender.

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 works to the entire satisfaction of the Engineer.

Tenderers will examine the various provisions of the Central Goods and Services Tax Act, 2017 (CGST)/Integrated Goods and Services Tax Act, 2017 (IGST) Union Territory Goods and Services Tax Act, 2017 (UTGST)/respective states State Goods and Services Tax Act (SGST) also, as notified by Central/State Govt. & as amended from time to time and applicable taxes before bidding Tenderers will ensures that full benefit of Input Tax Credit (ITC) likely to be availed by them is duly considered while quoting rates.

The successful tenderer who is liable to be registered under CGST/IGST/UTGST/SGST Act shall submit GSTIN along with other details required under CGST/IGST/UTGST/SGST Act to railway immediately after the award of contract, without which no payment shall be released to the contractor. The contractor shall be responsible for deposition of applicable GST to the concerned authority.

In case the successful tenderer is not liable to be registered under CGST/IGST/UTGST/SGST Act, the railway shall deduct the applicable GST from his/their bills under reverse charge mechanism (RCM) and deposit the same to the concerned authority.