Name of the Work :- Adra:-Contact wire height improvement.

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 tumover 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-VI-B, 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 the valid Electric Contractor License and electrical Supervisory License certificate from the state Govt./ Central Govt. for working in 25 KV or more than 25 KV system.

Tenderers are required to upload copy of Permanent Account Number, GST registration & Mandate

Tenderes are required to upload ESI & EPF regsitration certificate

Tenderers are required to furnish a valid and functional email ID and mobile no. to which communication can be done by the Railway Administration.

Tenderer Credentials:Documents testifying tenderer previous experience and financial status should be produced along with the tender.Tenderer(s) who is / are not borne on the approved list of the Contractors shall submit along with his / their tender: (i) Certificates and testimonials regarding contracting experience for the type of job for which tender is invited with list of works carried out in the past.(ii) Audited Balance Sheet duly certified by the Chartered Accountant regarding contractual payments received in the past.(iii) The list of personnel / organization on hand and proposed to be engaged for the tendered work. Similarly list of Plant & Machinery available onhand and proposed to be inducted and hired for the tendered work. (iv) The Railway reserves the right to verify all statements, information and documents submitted by the bidder in his tender offer, and the bidder shall, when so required by the Railway, make available all such information, evidence and documents as may be necessary for such verification. Any such verification or lack of such verification, by the Railway shall not relieve the bidder of its obligations or liabilities hereunder nor will it affect any rights of theRailway there under.(v) (a) In case of any information submitted by tenderer is found to be false, forged or incorrect at any time during process for evaluation of tenders, it shall lead to forfeiture of the tender Bid Security besides banning of business for a period of upto two years.(b) In case of any information submitted by tenderer is found to be false, forged or incorrect after the award of contract, the contract shall be terminated. Bid Security, Performance Guarantee and Security Deposit available with the railway shall be forfeited. (vi) Self Declarartion regarding Employment/Partnership etc. of Retired Railway Employees:As per condition mentioned under GCC-APRIL-2022. (vii) Self Declarartion regarding court case/arbitration :As per condition mentioned under GCC-APRIL- 2022.

Documents to be Submitted Along with Tender:- All relevant documents as mentioned in GCC- APRIL-2022 or latest.

Each Bidder or each member of a JV must fill in this form (Annexure VIB) as per GCC separately.

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.

SIGNING OF TENDERS AND POWER OF ATTORNEY: In case of a firm is 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: 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.

RESULTS OF TENDER : As per condition mentioned under GCC- APRIL-2022.

VALIDITY OF TENDER : As per condition mentioned under GCC- APRIL-2022.

TIME SCHEDULE AND PROGRAMME: The contractor shall strictly follow the time schedule for all works under this as mentioned in the tender notice if the contractor fails to execute the work completely within the time specified or an authorized extensions thereof, Railway Administration is entitled to recover from the contractor a sum of half percent of the price o f that portion of t h e work not completed by t h e due date for each and every week or part of the week taken extra by the contractor to complete the work . The amount of damages recovered shall in no case exceed 10% of the value of the contract. If such a failure as aforesaid shall have arisen from any cause which the purchaser may admit as being a reasonable ground for extension of time, the purchaser shall allow such additional time as he may in his absolute discretion consider to be reasonably justified by the circumstances of the case.

SECURITY DEPOSIT:-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 and aditional performance gurantee, if applicable ) may not exceed 15% 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.

Refund of Security Deposit:As per condition mentioned under GCC-APRIL-2022.

Performance Guarantee:-As per condition mentioned under GCC-APRIL-2022. Extra PG to be paid as per Railway Board letter no:- No.2022/CE-I/CT/GCC-2022/POLICY/Pt.I(E-3320424) Dtd:-13.03.2026

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,No alterations in or additions to or omissions or abandonment of any part of the works shall be deemed authorised, except under written instructions from the Engineer. All condition of GCC-April-2022 applicable.

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 and 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 s u c h 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 Tenderer whose tender is accepted shall be required to appear in person at the office of General Manager/General Manager (Construction), Chief Administrative Officer (Construction), Divisional Railway Manager or concerned Engineer, as the case may be, or if tenderer is a firm or corporation, a duly authorized representative shall appear (there would be no need for appear in person if agreement is signed digitally) and execute the contract agreement within seven days of notice from Railways that the Contract Agreement is ready. Failure to do so shall constitute a breach of the agreement affected by the acceptance of the tender. The Contract Agreement shall be entered into by Railway only after submission of valid Performance Guarantee by the Contractor. In such cases the Railway may determine that such tenderer has abandoned the contract and there upon his tender and acceptance there of shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of the Bid Security and other dues payable to the Contractor under this contract. The failed Contractor shall be debarred from participating in the re-tender for that work.

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.

REFUND /FORFIETURE OF Bid security: As mentioned in GCC- April-2022.

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

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 so duly given to the contractor if delivered to the contractor left at or posted to the address so given and shall be deemed to have been so given in the case of posting on the day on which would have reached such address in the ordinary course of post or on the day on which they were so delivered or left in the case of contract by partners, any change in the constitute of the firm shall be forthwith notified by the contractor to the Engineer. Important documents may be sent by REGISTERED POST.

SUBLETTING OF CONTRACT :As mentioned in GCC-April-2022 and as per Railway Board letter no:- No.2022/CE-I/CT/GCC- 2022/POLICY/Pt.I(E-3320424) Dtd:-13.03.2026

RETURN OF UN-UTILISED MATERIALS OF THE PURCHASER: Such materials as have been issued to the contractor but left behind with him UN-UTILISED, 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 by 20 . 38 % whichever is higher. Every effort will be made by the purchaser to supply the materials as listed in Sch-I 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

PROVISION OF EFFICIENT AND COMPETENT SUPERVISOR : The Contractor shall place and keep on the works at all times efficient and competent staffs and supervisors to give the necessary directions to his workmen and to see that they execute their work in sound & proper manner and shall employ only such supervisors, workmen & labourers in or about the execution of any of these works as are careful and skilled in the various trades.The Contractor shall at once remove from the works any agents, permitted sub-contractor, supervisor, workman or labourer who shall be objected to by the Engineer and if and whenever required by the Engineer, he shall submit a correct return showing the names of all staff and workmen employed by him.In the event of the Engineer being of the opinion that the Contractor is not employing on the works a sufficient number of staff and workmen as is necessary for proper completion of the works within the time prescribed, the Contractor shall forthwith on receiving intimation to this effect deploy the additional number of staff and labour as specified by the Engineer within seven days of being so required and failure on the part of the Contractor to comply with such instructions will entitle the Railway to rescind the contract under Clause 62 of these conditions.

Deployment of Qualified Engineers at Work Sites by the Contractor: As mentioned in GCC-April-2022.

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 t h e 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. All the condition as mentioned in GCC-APRIL-2022 are applicable for PROVISION OF PAYMENT OF WAGES ACT.

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 the reunder 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.The Contractor shall be responsible to ensure compliance with the provisions of the Apprentices Act, 1961 and the Rules and Orders issued thereunder from time to time in respect of apprentices directly or through petty Contractors or sub- contractors employed by him for the purpose of carrying out the Contract. If the Contractor directly or through petty Contractors or sub-contractors fails to do so, his failure will be a breach of the contract and the Railway may, in its discretion, rescind the contract. The Contractor shall also be liable for any pecuniary liability arising on account of any violation of the provisions of the Act.

1. Powers of Modification to Contract: As per GCC-APRIL-2022.

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 co-ordinate 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 t h e w o r k s s h a l l b e executed i n p e r f e c t 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.

WORKS BY OTHER AGENCIES: Any other works undertaken at the same time by the purchaser direct or through some other agency at the same site where the contractor is carrying out his work, will not entitle the contractor to prefer any claim regarding any delays or hindrances he may have to face on this account . The contractor shall comply with any instruction which may be given to his by the purchaser in order to permit simultaneous execution of his own works and of those undertaken by other contractors or the purchaser without being entitled on this account to any extra charge. (1) If the purchaser is unable to supply materials to the contractor as specified in the contract in time, the contractor shall not be entitled to any extra payment on account of such delay in supply, however such delays in supplies will be reasonable ground for extension of completion dates for the works. (2)All materials will be subjected to inspection and test either by the purchaser or by an agency appointed for this purpose for individual items as below, at the manufacturers work before dispatch and no materials shall be dispatched from the manufacturers works until these are inspected and or approved . These materials may also again be inspected at the contractors depot/work site . The purchaser or his representative shall have the right to be present during all stages of manufacture and shall be afforded free of charge all reasonable facilities for inspection and testing so as to satisfy himself/themselves that the materials are in accordance with specifications, approved drawings and designs. Any reasonable delay in inspection will be a reasonable ground for extension of time for completion of works.

PROVISIONAL ACCEPTANCE : Immediately after the completion of an installation the contractor will certify and advice the purchaser in writing that the installation is : i)Complete . ii)Ready for satisfactory regular service and iii)Ready to be handed over. He will also place at disposal of the purchaser the required staff for inspection, testing and putting it into operation. The test or test specified in any clauses will be conducted jointly by the purchaser and contractor as soon as possible after receipt of advise of completion of an installation by the purchaser from the contractor.After the purchaser is satisfied with the satisfactory working of the installation, he will issue a Provision Acceptance Certificate which would be signed by both the parties. Should the results of inspection and tests be not satisfactory an extension of time for one month will be granted to make good defects and deficiencies pointed out by the purchaser. A fresh inspection and tests will then be carried out after the contractor has attended to the defects and deficiencies . If these are not satisfactory , the purchaser may proceed at the contractors expense by all means deemed expedient to have the installation made approved drawings and designs.

PROVISIONAL ACCEPTANCE : In such a case or in case of delay in completing the work under this contracts within the time limit the purchaser reserves the right if he deems it possible to use in a reasonable manner any part of the installation even if the work is not completely erected. The purchaser will give to the contractor for this purpose seven days previous notices. The contractor shall then take at his own expenses all necessary steps to complete the works in accordance with the provisions of the contract. In case it becomes impossible to proceed with the above mentioned taking over tests, for reasons other than for which the contractor is responsible, the provisional acceptance certificate shall be issued at or within a mutually agreed reasonable period not exceeding six months after completion of an installation. NOTE: The issue of provisional acceptance certificate will not be withheld for rectification of minor defects as distinct from rejected equipment, which may not be essential for energization and operation of the installation in such cases, only the value of materials and cost of rectification of the minor defects shall be withheld from payments on provisional acceptance until rectification is completed.

WARRANTY: The contractor shall warranty satisfactory working of the installation erected by him , for a period of twelve months from the date of provisional acceptance of each installation(Para 38 i.e. provisional acceptance by the purchaser ). During this period the contractor s h a l l make available an experienced Engineer and necessary equipment to attend to any defective installation and be responsible for satisfying himself that the purchasers staff follow the prescribed procedure for operation and maintenance of equipment . The contractors shall bear the cost of all modifications, additions or substitutions that may be considered necessary due to faulty materials , designs or workmanship for the satisfactory working of the equipment. The final decision shall rest with the Sr. Divisional Electrical Engineer (TRD), S. E. Railway , Adra. During the period of guarantee the contractor shall be liable for the replacement of any parts which may be found defective in the equipment whether such equipments be of his own manufacturer or those of his sub- contractors whether arising from faulty design, materials, workmanship or negligence in any manner on the part of the contractor provided always that such defective parts as are not repairable at site are promptly returned to the contractor if so required by him at site(contractors own expenses). The contractor shall bear the cost of repairs carried out on his behalf by the purchaser at site. In such a case the contractor shall be informed in advance of the works proposed to be carried out by purchaser.

Warranty : If it becomes necessary for the contractor to replace or renew any defective portion of the equipment under the clause aforesaid then the provision of the said clause shall also apply to the portions of the equipments so replaced or renewed until the expiration of six months from the date of such replacement or until the end of the above mentioned period of twelve months, whichever is later, such extension shall not apply in case of defects of a minor nature, the decision of the Sr. Divisional Electrical Engineer (TRD), S. E. Railway , Adra being final in the matter, if any defects be not remedied within a reasonable time during the aforesaid period the purchaser may proceed to do the work at the contractors risk and expense, but without prejudice to any other rights and remedies which the purchaser may have against the contractor in respect of such defects or faults. The repaired or renewed parts shall be delivered and erected at site free of charges to the purchaser. Any materials supplied shall also be covered by the provisions of this clause. The liability of the contractor under the guarantee will be limited to re-supply of materials made under clause 38 such supply shall be effected at the contractors depot or in the event of closure of the depot at the stores depot of the engineer at site covered by the contract. In case of materials supplied by the purchaser under clause 38 no liability will rest on the contractor for failure on account of defects inherent in such materials .

FINAL ACCEPTANCE: The final acceptance of the installation shall take effect from the date of expiration o f the period of guarantee as defined in warranty clause provided the installation previously accepted provisionally are still in good working order . If on the other hand the installation is not in good working order at the end of the guarantee period the purchaser may either extend the period of guarantee until, necessary works are carried out by the contractor or carry out those works or have them carried out successfully on behalf of the contractor and at his expenses . A certificate of final acceptance shall then be issued under the signature of both the parties The purchaser and the contractor

SUPPLY OF SPARE PARTS : The supply of spare parts, components, standby equipments shall be so regulated that all the necessary items that have been ordered shall be delivered at site only after the erection of the main equipments but before the testing and commissioning of system. If the spare parts standby equipments are to be supplied in advance, necessary written and specific permission shall be taken from the engineer

ACCOMMODATION : The contractor shall make his arrangements for the accommodation of his staff, materials, tools etc, electricity for the purpose of execution of the work against this contract may be arranged by railway from its sources , if available near the work site on payment of railways specified charges.

LAWS OF INDIA : This contract shall be governed by the laws for the time being in force in the Republic of India.

DEFAULT AND DELAY : The contractor shall execute the work with due diligence and expedition keeping to the approved time schedule duly executing the work in proportionate to the given time schedule as per TDC . Should he refuse or neglect to comply with any reasonable orders given to him in writing/ any mode of communication by the purchasers engineers in connection with the work or contrivance the provision of the contract or the progress of work lags persistently behind the time schedule due to his neglect , the purchaser shall be at liberty to be given seven days notice in writing to the contractor requiring him to make good the neglect or contravention, complained of or should the contract fail to comply with the requisition made in the notice within seven days from the receipt thereof, it shall be lawful for the purchaser to take the work wholly or in part out of the contractors hands without any further reference and get the work or any part thereof as the case may, completed by other agencies at the expense of the contractor , if applicable as per extant rule without prejudice to any other right or remedy of the purchaser .

LOSS SUSTAINED DUE TO DEFAULT AND DELAY: a)In the event of any loss to the purchaser on account of execution and/or completion of the work or any part thereof by agencies other than the contractor, in terms of appropriate clauses, the contractor shall be liable to reimburse the loss to the purchaser without prejudice to the other rights and remedies of the purchaser, and the reimbursement in full or in part as the case may be, shall be met, at the option of the purchaser, from out of all or any of the following sources viz. i)Any amount due and payable to the contractor by the purchaser on any account whatsoever. ii)The contractors security deposit in the hands of the purchaser as far as Available and iii)Any other assets whatsoever of the contractor. b)In the event of reimbursement from out of sources (i) and or (ii) above mentioned, the purchaser shall have the right of appropriation sue motto.

CORRECTNESS OF WORK AND MATERIALS: a)All designs and drawings submitted by the contractor shall be based on a thorough study and shall be such that the contractor is satisfied about their suitability . The purchasers approval will be based on these considerations . Notwithstanding approval communicated by the purchaser, during the progress of the contract , for designs and drawings prototype samples of components , materials and equipments after inspection and adjustments to installations. The ultimate responsibility for correct design and execution of work shall rest with the contractor unless the purchaser insists on adoption of his own designs in spite of the contractor not being agreeable to its . b)If any dimension figured u p o n a drawing differs f r o m t h a t obtained by sealing the drawings the figures dimension should be normally taken as correct unless it is prima facie a mistake but all such cases shall b e brought t o the notice o f the purchasers engineers a n d the discrepancy set right before execution .

CONTRACTORS RESPONSIBILITY FOR DISCREPANCY : a)All designs and drawings submitted by the contractor shall be based on a Thorough study and shall be such that the contractor is satisfied about their suitability . The purchasers approval will be based on these considerations. Not withstanding approval communicated by the purchaser , during the progress of the contract , for designs and drawings, prototype samples of components , materials and equipments after inspection and adjustments to installations, the ultimate responsibility for correct design and execution of work shall rest with the contractor unless the purchaser insists on adoption of his own designs in spite of the contractor not being agreeable to its. b)The contractor shall be responsible for and shall bear and pay the costs for any alternation o f works arising from any discrepancies , errors or omissions in the designs and drawings have been approved by the purchaser or not .

ADDITIONS AND ALTERATIONS TO ERECTED EQUIPMENTS: The purchaser may require additional installations or modifications to be carried Out on the works he deems necessary, either during the execution or after a part or whole of the installations coming within the purview of the contract has been put into commercial service. In case the prices for such additional works or modifications are not covered by the Schedule of prices and are such that either partly consider additional prices for such Works justified , such additional works o r modification shall be carried out, only after t h e additional prices proposed by the contractor are accepted by the purchaser In case additional installations or modifications are required to be carried out under this para, the purchaser shall grant a reasonable extension of time, should this be considered necessary.

ISSUE OF TOOLS AND PLANTS TO THE CONTRACTOR: For the purpose of carrying out the work , Railway will not issue any tools and plants. However, if the executive officer in charge of the work is of the opinion that in the interest of faster progress of the work, any tools and plants items are to be provided to the contractor, the same may be provided to the contractor on fulfilling of an indemnity bond and the book value of the materials will kept deducted from running bills of the contractor till return of the tools and plants. The determination of book value of the T&P items is as per the Railways book or the cost of procurement of the item with normal escalation @ 10% per year added to it, whichever is higher.

Conservancy cess charges shall be deducted from on account bills in accordance with Rly Board letter No. F(X)I-95/1/1 dt.07.09.2021 with its latest amendment ,if any . At present proposed conservancy Cess Charges to be recovered PER MONTH from Railway Contractors:a.Engg. Works Contractors (Engg, Elect. Mech. Signal etc.)for Average no. of Labourer or Workman Employed per day as applicable.

Imposition of LD for delay in the completion work. As per the clause laid under GCC- April-2022.

UNIT PRICES: (1.)The rate quoted by the tenderer and accepted by the purchaser shall hold good till the completion of the work and no additional individual claim will be admissible on account o f fluctuation in market rates e t c . or due changes in tax structures unless otherwise stated under appropriate clauses . (2.) The tenderer should quote rate with all taxes including GST with all incidental charges like freight, Transport, loading /unloading, handling of materials , lifting , descent, insurance Coverage or bankers charges, indemnity bond etc.

EXPLANATORY NOTES : Explanatory notes for various items of works included in the schedule-I and schedule-II are given under Technical compliance of the tender . Tenderer should carefully read technical compliance wherein each schedule items have been clearly explained .

TERMS OF PAYMENT: (i) Subject to any deduction or recoveries which the purchaser may be entitled to make under the contract, the contractor shall unless otherwise agreed to be entitled to get the payments subject to conditions stipulated in the subsequent clauses. (ii) Payment will be arranged by Sr. Divisional Finance Manager, S.E.Railway, Adra for the bills submitted to Sr. Divisional Electrical Engineer (TRD)/Adra, through Depot-in-charge, subject to following :- i) Execution of indemnity bond on stamp duty in case of any materials taken by contractor from Railways. (ii) The bills for payment should accompany a copy of penalty imposed during the execution of the work for which payment is claimed and clearing certificate from the Depot-in-charges, indicating the successful job completed by tenderer.

ON ACCOUNT PAYMENT On account payment to the extent of 85% will be made on the total unit price of such items included in the schedule of prices only for those items included in the schedule of prices and executed in terms of this contract for which Sr. Divisional Electrical Engineer (TRD), S. E. Railway, Adra considers appropriate and acceptable to make the on account payment. All invoices shall be accompanied by the : i) Contractors challan along with manufacturers/suppliers challan for supply of items only. ii)Inspection certificate granted by the Inspecting authority as authorized by Sr. Divisional Electrical Engineer (TRD), S. E. Railway, Adra. iii)Execution of indemnity bond on stamp duty in case of materials supplied by the Railways. iv)Certificate of current statutory taxes and duties. v) Detailed entries made in the Measurement Book.

FINAL PAYMENT : Balance 15% payment will be made through the final bill only after satisfactory completion of the entire contractual work , satisfactory operation and handing over of the assets to the Railway duly tested and commissioned subject to compliance of the following application: i)On supply of catalogue and operation manual/instruction books wherever applicable. ii)On supply of as Erected Drawing of the equipment/installation, if applicable. iii) A No claim certificate in favour of Railway is issued by the contractor.

PAYMENT FOR SPARES AND FOR ADDITIONAL SUPPLIES: The contractor shall be eligible for receipt of full 85% payment for supply of spares and additional supplies ordered on him in accordance with prices included in the schedule after handing over of the spares to the Railway in good working condition. Balance 15% payment will be made through final bill.

PAYMENT OF STATUTORY VARIATION IN TAXES AND DUTIES: The unit prices quoted by the tenderer and accepted by the Railway Administration Shall be firm. Also the purchaser will not be responsible for payment of duties and taxes made by the tenderer under misappropriation of law.

FINAL SETTLEMENT AND REFUND OF SECURITY DEPOSIT: On expiry of the warranty period and issue of the certificate for final acceptance produced all the dues payable by the contractor to the Railway have been duly paid or otherwise made good by the contractor, the security deposit will be refunded to the contractor on production and surrender of the relative original receipts granted by the Railway in case it was paid in cash, The security deposit shall however , be liable to the forfeited in case of any breach by the contractor of any of the conditions of the contract or for non completion of the full contract without prejudice to other rights and remedies of the Railway whether specifically provided for herein or otherwise.

POST PAYMENT AUDIT: It is an agreed term of the contract that the Railway reserves to itself the right to carryout a post payment audit and or technical examination of the works and the final bills, including all supporting vouchers, abstracts etc. and to make a claim on the contractor for the refund of any excess amount paid to him if as a result of such examination any over payment to him is discovered to have been made in respect of any work done or alleged to have been done by him under the contract.

MEASUREMENT: Payment for the work shall be made in accordance with the specifications, approved designs and drawings and measured in relevant units . The measurement will be made generally in accordance with Tender schedule in conformity with the explanatory notes of the Tender schedule , specification and standard engineering practices.

MEASUREMENT OF WORK :As per the condition mentioned in GCC-April-2022

Right o f RAILWAY to determine the CONTRACT as per GCC clause no.61 (1) : 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.

6 2 . ( 1 ) Determination Of Contract Owing To Default Of Contractor : If the Contractor should : As per GCC-APRIL-2022