OHE Modification work in connection of construction of RUB in between KM 1173/5- 7 of MCSC-DAYG section in LAR-KURJ-MBA section of Jhansi division

Mandatory documents : Tenderer offer will be summarily rejected due to Non-submission of the following certificate(s) or submission of certificate(s) either not properly filled in, or in a format other than the prescribed format.

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)

Please furnish list of Works on hand indicating description of Work, contract value, approximate value of balance work yet to be done and contract No. and date of award, awarding unit name & address etc.

Please furnish list of Works completed in last seven financial years giving description of work, organization for whom executed, approximate value of contract at time of award, date of award and date of completion. Date of actual start, actual completion and final value of contract shall also be given.

They have an established technically competent and adequate staff organization to ensure that the services required under this tender can do satisfactorily. The Tenderer shall provide the list of personnel available on hand and proposed to be engaged for the subject work along with the offer.

Please submit your Bank details such as Name of the - Bank along with Bank Branch code, account No., IFSC Code and PAN Number as per the format given in attached tender document.

They have sufficient equipments, plants and machinery to meet the obligations under the contract and to complete the work contract all within the stipulated time schedule and accepted by him. The Tenderer shall provide the list of equipments, plants and machinery available in hand and proposed to be inducted (own and hired basis separately) for the subject work along with the offer

Any DIPP certificate submitted along with the tender document for exemption of EMD should be valid on the date of opening of tender, else the tender offer will be summarily rejected.

Solvency certificate from Bank/Financial Statement from Chartered Accountant/Financial assistance provided by Bank for the purpose of execution of work or any other document to prove adequate financial capability of the tenderer

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.

Generally deviations of contractor against the Railways speciflcation & special conditions stipulated in the entire tender booklet are not acceptable. Therefore, tenderers are advised not to quote any deviation against the Railways conditions . & specification stipulated in tender' document. However, deviation if any should be evaluated in financial term and rate quoted accordingly i.e. deviations should be considered into rates.

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 / Hindu Undivided Family (HUF) / Limited Liability Partnership (LLP) 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)All documents in terms of Para 10 of the Tender Form (Second Sheet) above. (b)HUF: (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)All other documents in terms of Para 10 of the Tender Form (Second Sheet) above. (c)Partnership Firm: (i)All documents as mentioned in para18 of the Tender Form (Second Sheet).(d) Joint Venture (JV): All documents as mentioned in para 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)All other documents in terms Para 10 of the Tender Form (Second Sheet) above.(f)LLP (Limited Liability Partnership): (i)A copy of LLP Agreement (ii)A copy of Certificate of Incorporation (iii)A copy of Power of Attorney/Authorization issued by the LLP in favour of the individual to sign the tender on behalf of the LLP and create liability against the LLP. (iv)An undertaking by all partners of the LLP that they are not blacklisted or debarred by Railways or any other Ministry / Department of the Govt. of India from participation in tenders / contracts as on the date of submission of bids, either in their individual capacity or in any firm/LLP or JV in which they were / are partners/members. Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the Standard General Conditions of Contract. (v)All other documents in terms of Para 10 of the Tender Form (Second Sheet).

(g) Registered Society & Registered Trust: (i)A copy of Certificate of Registration (ii)A copy of Memorandum of Association of Society/Trust Deed (iii)A copy of Power of Attorney in favour of the individual to sign the tender documents and create liability against the Society/Trust. (iv)A copy of Rules & Regulations of the Society (v)All other documents in terms of Para 10 of the Tender Form (Second Sheet) 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/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.(v) A tender from JV shall be considered only where permissible as per the tender conditions. (vi)The Railway will not be bound by any change of power of attorney or 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. 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. N o t e : 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 should submit documents related to Registration details, GSTIN along with other details required under CGST/IGST/UTGST/SGST Act, registered address, email ID etc.

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- VIA and shall be valid for a period of 90days beyond the bid validity period.

The Security Deposit shall be 5% of the contract value. The Bid Security submitted by the Contractor with his tender will be retained/encashed by the Railways as part of security for the due and faithful fulfillment of the contract by the Contractor. Provided further that, if Contractor submits the Cash or Term Deposit Receipt issued from a Scheduled commercial bank of India or irrevocable Bank Guarantee Bond from a Scheduled commercial bank of India, either towards the Full Security Depositor the Part Security Deposit equal to or more than Bid Security, the Railway shall return the Bid Security, to the Contractor. Balance of Security Deposit may be deposited by the Contractor in cash or Term Deposit Receipt issued from Scheduled commercial bank of India or irrevocable Bank Guarantee bond issued from Scheduled commercial bank of India, or may be recovered at the rate of 6% of the bill amount till the full Security Deposit is recovered. Provided also that in case of defaulting Contractor, the Railway may retain any amount due for payment to the Contractor on the pending "on account bills" so that the amounts so retained (including amount guaranteed through Performance Guarantee) may not exceed 10% of the total value of the contract. The Irrevocable Bank Guarantee submitted towards Security deposit shall be initially valid up to the stipulated date of Maintenance period plus 60 days and shall be extended from time to time, depending upon extension of contract granted in terms of Clause 17A and 17B of the Standard General Conditions of Contract. Note: Security Deposit deposited in cash by the Contractor or recovered from the running bills of a Contractor or submitted by contractor as Term Deposit Receipt(s) can be refunded/returned to the contractor, in lieu of irrevocable Bank Guarantee bond issued from scheduled commercial bank of India, to be submitted by him, for an amount equal to or more than the already available Security Deposit, provided however that, in a contract of value less than Rs. 50 Crore, such refund/ return of the already available Security Deposit is permitted up to two times and in a contract of value equal to or more than Rs. 50 Crore, such refund / return of the already available Security Deposit is permitted up to three times.

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 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.

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) 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 Scheduled 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 Saving Bank; (viii) Deposit in the National Savings Certificates; (ix)Twelve years National Defence Certificates; (x) Ten years Defence Deposits; (xi)National Defence Bonds and (xii) 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.

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.

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.

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.

Whenever the contract is rescinded, the Performance Guarantee already submitted for the contract shall be encashed.

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.

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%

Whenever a Railway employees family proposes to take up a contract work in Railway, proof of evidence of proper permission obtained by the employee from Railway authority as per the relevant conduct Rules, regarding proposed quoting for the work by Railway employee family member needs to be enclosed with the offer. The definition of family will be as defined in item NO.2 (c) of Railway Services (Conduct) Rules, 1966- means of family. The necessary permission document should be attached with the offer by the tenderers who fall under such condition. After opening of the bid, if it is found that proprietor/partner/director of the firm/company is Railway employee's family and they participated in the tender without enclosing the evidence of proper permission regarding proposed quoting for the work then offer of such tenderer shall be summarily rejected.

Tenderer shall upload the documents in PDF format only.

The Railway administration reserve the right to reject any tender either in whole or in part without assigning any reason whatsoever. The final acceptance of the tender shall rest with the competent authority of Railway who reserve. the right to accept or reject any tender without assigning any reason thereof and does not bind himself to accept the lowest tender only.

No octroi duty is payable. However if desired, a certificate stating that the hired Vehicle is requited for Railways own use shall be issued.

Tenderers are advised to go through the 'SPECIAL CONDITIONS' thoroughly which are incorporated in tender document before quoting the rates.

Tenderer(s) should submit document in support of Minimum Eligibility Criteria, technical and financial both, along with the tender. No document in support of minimum eligibility criteria will be accepted/ entertained after opening of tender.

The tenderer/s shall keep them updated about any modification in tender notice and tender document, issued by Railway through newspapers, IREPS website or E-mail or any other means and shall act accordingly. It is the responsibility of the tenderer to check any correction or any modifications published subsequently in website and the same shall taken into account while submitting the tender.

Rates are inclusive of all taxes, duties, labour, freight; material, insurance etc. No extra payment will be made on this account. Railway may deduct any taxes being levied by the Government from No time to time or in force from time to time. Tenderer may consider this aspect while guoting for the work

The contractor shall have the option to take the payment from railways through a letter of credit (LC) arrangement. This option of taking payment through LC arrangement has to be exercised in IREPS by the tenderer at the time of bidding itself and the tenderer shall affirm having read over and agreed to the terms and conditions of the LC option. The option so exercised shall be an integral part of the bidder's offer. The above option of taking payment through LC arrangement once exercised by tenderer at the time of bidding, shall be final and no change shall be permitted, thereafter, during execution of contract.

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 state's 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 ensure 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

The GST Act 2017 will be applicable as per extant policy as notified by Central/State Govt. and as amended from time to time. Railway Board guidelines issued in this regard will also be applicable and binding to the tenderer.

The Tenderers are advised to visit the site of work in their own interest and acquaint themselves with the site conditions and expected quantum of work and assess all the site specific difficulties to be experienced while executing the same and the rate shall be arrived duly considering all the facts above and quoted in the tender. Any representation at a later date specifying the site difficulties shall not be considered.

In the tender document the extract of GCC has been reproduced at several location for the guidance of Contractor. In case of any discrepancy in the tender document and GCC, the standard GCC April 2022 with all amendments, issued upto the date of inviting of tender, will be applicable. Contractors are instructed to go through GCC with all amendments slips available in the office of Sr.DEE/TRD. In case of any dispute in this regard the decision of Sr.DEE/TRD will be final and binding on the Contractor.

The tenderers shall submit a copy of certificate stating that all their statements/documents submitted alongwith bid are true and factual. Standard format of certificate to be submitted by the bidder is enclosed as Annexure-V. In addition to Annexure-V, in case of other than Company/Proprietary firm, Annexure-V(A) shall also be submitted by the each member of a Partnership Firm/Joint Venture (JV) / Hindu Undivided Family (HUF) / Limited Liability Partnership (LLP) etc. as the case may be. Non submission of above certificate(s) by the bidder shall result in summarily rejection of his/their bid. It shall be mandatorily incumbent upon the tenderer to identify, state and submit the supporting documents duly self attested/digitally signed by which they/he is qualifying the Qualifying Criteria mentioned in the Tender Document.