Provision of Air Conditioners in Construction Office of SECR Nagpur Division.

Financial Eligibility Criteria (Para 10.2,Part I of GCC): 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 per 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 tenderers 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.

The tenderer must have successfully completed or substantially completed, as defined in this tender for similar nature of work, any one of the following categories of work(s) during last 07 (seven) years, ending last day of month previous to the one in which tender is invited: (i) Three similar works each costing not less than the amount equal to 30% of advertised value of the tender, or (ii) Two similar works each costing not less than the amount equal to 40% of advertised value of the tender, or (iii) One similar work costing not less than the amount equal to 60% of advertised value of the tender.

The Work completion certificate must include : 1.Description of work, 2,Agreement no. and date., 3.Original Agreement Value, 4.Date of award, 5.Date of Work Actual Completed, 6.Total payment made till date. 7. Designation of issuing authority. Any work completion certificate or substantially completed certificate without above details will not be considered for evaluation and offer will be summarily rejected.

Defination of Similar Work :- Electrical work for General Services i.e Power supply system (upto and including 33 KV voltage) or Air- Conditioning or Water Coolers or Air coolers/Desert Coolers (This does not include OHE, PSI works for Electric Traction Distribution) The definition for similar nature of work will be: The tenderer should have satisfactorily executed and completed any work as mentioned below: The tenderer should have satisfactorily executed and completed any work as mentioned below: 1. Electrification of service building or Staff quarters or Offices or Road and Colony Lighting or Circulating Area Lighting or Washing Pits or Sheds or Workshops or UTS/PRS or UPS or Battery charging facilities or Pre-cooling facilities on platforms and yards etc. 2. Erection and Commissioning of LT, HT upto 33K V Overhead Lines or Electrical Sub-station or LT/HT UG power cables. 3. Annual Electrical Maintenance contract of Service building or Staff quarters or Electrical - sub-stations or DG set or Train lighting and/ or Air conditioning coaches excluding RMPU units of AC Coaches. 4. Erection and Commissioning of any type and capacity of Electrical Pumping set. 5. Electrification of ON Grid connected or Off-Grid connected solar power plant. 6. Electrification of Advanced Energy metering system or Smart Energy metering system or Prepaid Energy meters. 7. Erection and Commissioning or AMC/CMC of Window/Split ACs/Water Coolers /Refrigerators/ ductable package system of air-conditioning/Centralized Air Cooling Unit/Centralized air conditioning unit or hiring of desert coolers/air coolers. 8. Any above work or combination of (1) to (7) above. The above work must have been carried out in any of the following organization: (a) Central Government Department or State Government Department. (b) Central Government PSUs or State Government PSUs."

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 works are required to be completed within a period of 12 months from the date of issue of acceptance letter.

Any firm recognized by Department of Industrial Policy and Promotion (DIPP) as 'Startups' shall be exempted from payment of Earnest Money/Bid security on submission/uploading of Registration Certificate issued by appropriate authority(DIPP) during bidding in the tender.

The Schedules of Works is also available seperately in the website online and Rates are to be quoted online and submitted online duly signed digitally.

In case of above / below/at par is not mentioned or multiple rates the offer will be summarily rejected.

General conditions of the contract and specification for materials and works are laid down in Indian Railways Standard General Conditions of Contract - April 2022, corrected upto date which can be seen at the office of Sr.Divi.Elect.Engineer(RS&G) S.E.C.Railway, Nagpur, on any working day.

The difference in value between the earnest money already deposited by the tenderer and amount of security deposit to be paid by him as per the above calculation shall be recovered by a percentage deduction, ordinarily 6% from period payments to be made on account of work done.

The tenderer shall keep the offer open for a minimum period of 60 (Sixty) days from the date of opening of the tender, during which the tenderer cannot withdraw his offer, subject to the period being extended further, if required by an agreement from time to time. Any contravention on the above condition will make the tenderer liable forfeiture of his security deposit for the due performance of the forgoing stipulation.

The tenderer(s) shall quote his/their rates inclusive of all charges including all taxes levied by the union of India or State Government including sales tax etc.

If the work is cancelled before the commencement or is terminated during execution in accordance with the condition prescribed in Indian Railways Standard General Conditions of Contract - April 2022, with correction slips upto date. The railway administration reserves the right to invite fresh tenders for the whole or any portion of work.

The work will be carried out on a fixed programme approved by the Sr.Divl. Elect. Engineer. The method and system of carrying out the work will be described by him or his representative.

Deduction of Income tax at source at the rated of 2% shall be made from the contractor's bill in terms of provision in section 194-C of the Income Tax Act-1961.

The contractor shall employ the following Qualified Engineers during the execution of his work) :One graduate Engineer when the cost of the work to be executed is Rs 200 lakhs and above. ii)One qualified Diploma Holder (Junior Engineer) when the post of works to be executed is more than Rs 25 lakhs to 200 lakhs. Technical staff should be available at the site whenever required by the engineer incharge to take instructions in case the contractors fail to employ qualified engineer as aforesaid he shall be liable to pay a reasonable amount not exceeding a sum of Rs 40,000/- (Rupees Two thousand only) for each month of default or part thereof in case of graduate Engineer and Rs 25000/-(Rupees One thousand only) for each month of default or part thereof in case of Diploma Holder.(Authority-RB letter No.2012/CE-I/CT/O/20 dated 10.05.13)

Tenderers are required to submit authority letter for signing of tender bid/papers with electronic bid. Papers related to formation of firm i.e. proprietor ship/partnership bid/Pvt. Ltd. etc. if any shall be submitted.

List of work on hand indicating description of works, contract value, approximate value of balance work yet be done and date of award (Supportive documents/ certificates form organizations with whom tenderer is working should be enclosed).

Earnest Money/Bid security:Para 5(1) (a) of Part-I of GCC-2022 (Modified vide. ACS No. 11)(a) The tenderer shall be required to submit the Bid Security with the tender for the due performance with the stipulation to keep the offer open till such date as specified in the tender, under the conditions of tender. The Bid Security shall be as under:Value of the work: For all WorksBid Security : 2% of the estimated cost of the work.Note:(i) The Bid Security shall be rounded off to the nearest Rs 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 detailed above.(iii) Labour Cooperative Societies shall submit only 50% of above Bid Security detailed above.The tender must be accompanied by Bid security deposited in cash through e-payment gateway or as mentioned in tender documents, failing which the tender shall not be considered. (b)The Tenderer(s) shall keep the offer open for a minimum period of 60 days (in case of two packet system of tendering 90 days) from the date of opening of the Tender. It is understood that the tender documents have been 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 Chief Engineer/Dy. Chief Engineer/Divisional Engineer of Nagpur Division of 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.

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.

Execution of Contract Documents: The successful Tenderer(s) shall be required to execute an agreement with the President of India acting through the Sr.DEE(G)/SECR/NGP, South East Central Railway for carrying out the work according to Standard General Conditions of Contract, Special Conditions / Specifications annexed to the tender and Standard Specifications for (Works and Materials) of Railway as amended/corrected upto latest correction slips, mentioned in tender form (First Sheet).

Participation of Partnership Firms in works tenders : Participation of Partnership Firms in works tenders will be governed by as per Indian Railway GCC, april 2022.

(1)Execution Co-Relation and Intent of Contract Documents: as per latest GCC april 2022.

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.

(i) Refund of Security Deposit: Security Deposit mentioned in sub clause (1) above shall be returned to the Contractor after the following: (a)Final Payment of the Contract as per clause 51.(1) and (b)Signature of Final Supplementary Agreement or Certification by Engineer that Railway has No Claim on Contractor and (c)Issue of Maintenance Certificate on expiry of the maintenance period as per clause 50.(1). (2) (ii) Forfeiture of Security Deposit: Whenever the contract is rescinded as a whole under clause 62 (1) of these conditions, the Security Deposit already with railways under the contract shall be forfeited. However, in case the contract is rescinded in part or parts under clause 62 (1) of these conditions, the Security Deposit shall not be forfeited.

No interest shall be payable upon the Bid Security and Security Deposit or amounts payable to the Contractor under the Contract, but Government Securities deposited in terms of Sub- Clause 16.(4)(b) of this clause will be payable with interest accrued thereon.

New Para 16(4)(h) of Part-II of GCC'22: 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: 1. Bid quoted in % of advertised cost: Below 0 - 5% (inclusive) , Additional Performance Guarantee ( % ) : N i l . 2. Bid quoted in % of advertised cost: Below 5%, Additional Performance Guarantee (%) : 5%.

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 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 Bid Security 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 and the PG shall be valid up to original DOC + 60days.

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.

Force Majeure Clause: If at any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract shall be prevented or delayed by reason of any war, hostility, acts of public enemy, civil commotion, sabotage, serious loss or damage by fire, explosions, epidemics, strikes, lockouts or acts of God (hereinafter, referred to events) provided, notice of the happening of any such event is given by either party to the other within 30 days from the date of occurrence thereof, neither party shall by reason of such event, be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non-performance or delay in performance, and works under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist, and the decision of the Engineer as to whether the works have been so resumed or not shall be final and conclusive, PROVIDED FURTHER that if the performance in whole or in part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 120 days, either party may at its option terminate the contract by giving notice to the other party.

Extension of Time in Contracts: Time extension will be given as per Indian Railways Standard General Conditions of Contract, april 2022 with correction up to date.

Extension of Time for delay due to Contractor: will be given as per Indian Railways Standard General Conditions of Contract, april 2022.. Rate of penalty will be applicable mentioned in Indian Railways Standard General Conditions of Contract, april 2022 corrected upto date.

EXECUTION OF WORKS

Setting out of Works: The Contractor shall be responsible for the correct setting out of all works in relation to original points, lines and levels of reference at his cost. The Contractor shall execute the work true to alignment, grade, levels and dimensions as shown in the drawing and as directed by the Engineer's representative and check these at frequent intervals. The Contractor shall provide all facilities like labour and instruments and shall co-operate with the Engineer's representative for checking of all alignment, grades, levels and dimensions. If, at any time, during the progress of the works any error appear or arise in any part of the work, the Contractor, on being required so to do by the Engineer's representative shall, at his own cost rectify such errors, to the satisfaction of the Engineer's representative. Such checking shall not absolve the Contractor of his own responsibility of maintaining accuracy in the work. The Contractor shall carefully protect and preserve all bench marks, sight rails, pegs and other things used in setting out the work.

Variation in extent of contract shall be done as per Indian Railways Standard General Conditions of Contract, clause no. 41, 42(i), 43(3) April 2022, corrected upto date.

CLAIMS

(1) Quarterly Statement of Claims: The Contractor shall prepare and furnish to the Engineer once in every quarter commencing from the month following the month of issue of Letter of Acceptance, an account giving full and detailed particulars of all claims for any additional expenses to which the Contractor may consider himself entitled to and of all extra or additional works ordered by the Engineer which he has executed during the preceding month quarter and no claim for payment for such work will be considered which has not been included in such particulars.

Validity: Rates accepted by Railway Administration shall hold good till completion of work and no additional individual claim shall be admissible except: (a)Payment/recovery for increase/decrease in GST on works contract or imposition/removal of any tax/cess on Works Contract as per Clause 37, (b)Payment/recovery for overall market situation as per Price Variation Clause given hereunder. (Price Variation Clause (PVC) shall be applicable only in those contracts where tender conditions specifically permits as per GCC April 2022.

Provisions of Contract Labour (Regulation and Abolition) Act, 1970:

A.(1)The Contractor shall comply with the provision of the contract labour (Regulation and Abolition) Act, 1970 and the Contract labour (Regulation and Abolition) Central Rules 1971 as modified from time to time, wherever applicable and shall also indemnify the Railway from and against any claims under the aforesaid Act and the Rules.

(2)The Contractor shall obtain a valid license under the aforesaid Act as modified from time to time before the commencement of the work and continue to have a valid license until the completion of the work. Any failure to fulfill the requirement shall attract the penal provision of the Act.

A.(4)In respect of all labour directly or indirectly employed in the work for performance of the Contractor's part of the contract, the Contractor shall comply with or cause to be complied with the provisions of the aforesaid Act and Rules wherever applicable

B. Provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952:The Contractor shall comply with the provisions of Para 30 & 36-B of the Employees Provident Fund Scheme, 1952; Para 3 & 4 of Employees' Pension Scheme, 1995; and Para 7 & 8 of Employees Deposit Linked Insurance Scheme, 1976; as modified from time to time through enactment of "Employees Provident Fund & Miscellaneous Provisions Act, 1952", wherever applicable and shall also indemnify the Railway from and against any claims under the aforesaid Act and the Rules.

DETERMINATION OF CONTRACT : (1) Right of Railway to Determine the Contract: The Railway shall be entitled to determine and terminate the contract at any time should, in the Railway's opinion, the cessation of work becomes necessary owing to paucity of funds or from any other cause whatever, in which case the value of approved materials at site and of work done to date by the Contractor will be paid for in full at the rate specified in the contract. Notice in writing from the Railway of such determination and the reasons therefor shall be conclusive evidence thereof and all other condition related to this will be governed by latest GCC April 2022.

SETTLEMENT OF DISPUTES - INDIAN RAILWAY ARBITRATION AND CONCILIATION RULES : SETTLEMENT OF DISPUTES - INDIAN RAILWAY ARBITRATION AND CONCILIATION RULES will be governed as per Indian Railways Standard General Conditions of Contract, clause no. 63,64, of GCC April 2022 corrected up to date.

Multiple L-1 : In case of more than 1 L-1 bidders, tender may be awarded to tenderer having higher 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. Instructions with respect to Bid Capacity will follow.

MEASUREMENTS, CERTIFICATES AND PAYMENTS 44. as per latest GCC April 2022.

Mobilization advance as per clause no 46(4), manner of payment as per clause no 46(5), PVC clause no.46(A) of GCC April 2022.

Offloading of part(s) of work: These conditions will be governed as per GCC April 2022.

(Works Management/Administration) 6-A Works Management/Administration (After Signing of Contracts) : I. GoI's Manual on Procurement of Works (June 2022) requires, (para 6.1.2 therein) that " A system of project monitoring for each work shall be prepared before start of the work and same shall be available at site of work". "Deadlines or contractual milestones should be set up". The work shall be monitored on a quarterly/ monthly basis by the Works Committee and a status report will be submitted" emphasizing the use of proper project management tools to enable the works management team "to collaboratively monitor the physical & financial progress of the contract against the planned physical & financial schedule".