Miscellaneous activity for upkeep and maintenance of loco with cleaning of loco equipment and Locomotives at Electric Loco Shed, Ispatnagar

General Instructions

1. 1

   CLARIFICATIONS: Clarifications if any general of technical nature or on contractual matters required by the tenderer (s) may be obtained from the Sr. Divl. Mechanical Engineer /TRS/IPTE, Electric Loco Shed, Ispatnagar, S. E. Railway, Bokaro Steel City.
2. 2

   DISQUALIFICATION OF BIDDERS
3. 2.1

   Employment/ Partnership etc. of Retired Railway Employees

4. a)Should a Bidder be a retired Manager of the gazette rank or any other Gazetted Officer working before her retirement, whether in the executive or administrative capacity or whether holding a pensionable post or not, in any department of any of the railways owned and administered by the president of India for the time being, or (b)Should a bidder being partnership firm have as one of its partners are tired Manager or retired Gazetted Officer as aforesaid, or (c)Should a bidder being an incorporated company have any such retired Manager or retired officer as one of its Directors or (d)Should a bidder have in her employment any retired Manager or retired Gazetted Officer as aforesaid, then the full information as to the date of retirement of such Manager or Gazetted Officer from the said service and in case where such Manager or Officer 2.1.1 had not retired from government service at least one year prior to the date of submission of the bid as to whether permission for taking such contract, or If the contractor be a partnership firm or an incorporated company, to become a Partner or Director as the case may be, or to take the employment under the contractor, has been obtained by the bidder or the Manager or officer, as the case may be from the President of India or any officer, duly authorised by her in this behalf, shall be clearly stated in writing at the time of submitting the bid .Bids without the information above referred to or a statement to the effect that no such retired Manager or retired Gazetted Officer is so associated with the bidder, as the case may be, shall be rejected.
5. 2.2

   Should a bidder or contractor being an individual on the list of approved contractors, have a relative(s) or in the case of partnership firm or company of contractors one or more of her shareholder(s) or a relative(s) of the shareholder(s) employed in gazette capacity in any department of Indian Railway, the authority inviting bids shall be informed of the fact at the time of submission of bid, failing which the bid may be disqualified/rejected or if such fact subsequently come to light, the contract may be rescinded in accordance with the provision in clause 7.4 of the General Condition of contract.
6. 2.2.1

   If the bidder or any of its constituents has been levied with a penalty for violation of labour laws for three times in the last two years (from the date of opening of tender) by the appropriate enforcing agency like the Labour Commissioner etc.

7. The contractor shall be disqualified from participating in the bidding for services in a Railway division,(i) If any previous contract of the bidder or any of its constituents had been terminated under clause 7.4 in that Railway division, with in the previous 2 years from date of submission of bids.(ii) In that Railway division, the bidder or any of its constituents has been imposed a penalty equivalent to the maximum penalty that can be 2.2.2 imposed under a previous contract, such a figure being specified, with in the previous 2 years form date of submission of bids. (Period of 2 years shall be reckoned from the date on which the total accrued amount of penalties has reached the maximum penalty that can be imposed under the contract, as specified by the competent authority)

8. The declaration to this effect shall be furnished by the contractor as a part of his bid document. A format in this regard shall be made a part of 2.2.3 the tender document. In case this declaration is found to be false, process for 'banning of business' against the bidder/contractor shall be initiated as per extant rules.
9. 3

   EARNEST MONEY:
10. 3.1

    The bidder shall be required to deposit earnest money with the bid for the due performance with the stipulation to keep the offer open till such date as specified in the bid, under the conditions of bid. The earnest money shall be as under-a)For works/services estimated to cost up to Rs. 1 Crore -> 2% of the estimated cost of the work. b)For works/services estimated to cost more than Rs. 1 Crore -> Rs. 2lakh plus ½% (half percent) of the excess of estimated cost of work beyond. Note: The earnest money shall be rounded off to the nearest Rs.10. This earnest money shall be applicable for all modes of bidding.
11. 3.2

    MSEs registered with District Industries Centres, Khadi and Village Industries Commission, Khadi and Village Industries Board, Coir Bord, National Small Industries Corporations, Directorate of Handicraft and Handloom, any other body specified by Ministry of MSME or Start ups as recognised by department of Industrial policy & promotion shall be exempted from payment of minimum EMD detailed in the bid subjected to clause 3.6 below.
12. 3.3

    It shall be understood that the bid documents have been sold/issued to the bidder and the bidder is permitted to bid in consideration of stipulation on their part, that after submitting her bid she will not resile from her/their offer or modify the terms and conditions there of in a manner not acceptable to the Manager. Should the bidder fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to the railway.
13. 3.4

    If his/her bid is accepted, the earnest money mentioned in sub clause 3.1 above will be returned to the successful bidder after the submission and verification of the Performance Guarantees as per clause of GCC for service contracts 2018. The earnest money of the bidders shall, save as herein before provided, before provided, be returned to them, but Railway shall not be responsible for any loss or depreciation that may happen thereto while in their possession, nor be liable to pay interest on .
14. 3.5

    EMD should be deposited through online mode available in IREPS portal of the Railway.
15. 3.6

    The firms which are claiming exemption from EMD must submit valid MSE/UDYAM certificate, it should be registered for the services as per similar service defined in the tender document otherwise the bid will be summarily rejected. The tenderer has to submit valid documentary evidence for the same If the documentary evidence is not submitted/uploaded along with the tender document; the offer will be summarily rejected. The document should be valid as on date of opening of tender else the offer will be summarily rejected.
16. 3.7

    MSE firms are entitled to claim exemption from payment of Tender Document Cost and Earnest Money in case of Service contracts.
17. 4

    PERFORMANCE GUARANTEE
18. 4.1

    Performance Guarantee at a rate of 5% of the contractual value shall be deposited by the successful bidder. The successful bidder shall have to submit a performance guarantee(PG) valuing 5% of the contract value in four separate parts of 1.25% each of the contract value, within 30 (thirty) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 30(Thirty) days and upto the date of submission of PG from the date of issue of LOA may be given by the Authority who is competent to sign the agreement. However, a penal interest of 15% per annum shall be charged for the delay beyond 30 (thirty) days, i.e. from 31stday after the date of issue of LOA. In case the contractor fails to submit the requisite PG after 60 days from the date of issue of LOA, a notice shall be served to the contractor to deposit PG immediately however not exceeding 90 days from the date of issue of LOA. In case the contractor fails to submit the requisite PG even after 90 days from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any payable against the contract. The failed contractor shall be debarred from participating in retender for that work. In case 60th day is a bank holiday or office closure next working day should be considered as the last day for submission of the PGs. Decision of Authority competent to sign the Contract Agreement would be final in case of any dispute.
19. 4.2

    The Value of PG to be submitted by the contractor will not change for variation upto 25% (either increase or decrease). In case during course of execution, value of the contract increases by more than 25% of the original contract value, an additional performance guarantee amounting to 5% (five percent) for the excess value over the original contract value shall be deposited in four equal parts by the contractor. On the other hand, if the value of the contract decreases by more than 25% of the original contract value, Performance Guarantee amounting 5% of the decrease in the contract value shall be returned to contractor. The PG amount in excess of required PG for decreased contract value, available with railways shall be returned to the contractor duly safeguarding the interest of Railways.
20. 4.3

    The applicable Performance Guarantee shall be calculated as per the revised value of the contract covering all variations upto the determination of the contract.
21. 4.4

    If the penalty imposed exceeds 50% of the applicable maximum penalty (as per the revised value of the contract), a PG equivalent to25% of the applicable PG shall be forfeited. If the penalty imposed exceeds 75% of the applicable PG, a PG equivalent to 50% of the applicable PG shall be forfeited. The PGs shall be encashed after the completion of the contract.
22. 4.5

    The successful bidder shall submit a Performance Guarantee in any of the following forms amounting to 5% of the contract value -a) A deposit of cash (under Allocation - DOX, or 00844504) ,b) Irrevocable Bank Guarantee. c) Government securities including State Loan Bonds at 5% below the market value. d) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of performance guarantee could be either of the State Bank of India or of any of the Nationalized Banks, e) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks, f) A deposit in Post Office Saving Bank, g) A deposit in the National Savings Certificates, h) Twelve years National Defence Certificates ,i) Ten years Defence Deposits, j) National Defence Bonds and k) Unit Trust Certificates at 5% below market value or at the face value whichever is less. l) Also FDR in favour of FA&CAO/SER, (free from any encumbrance) may be accepted. Note- The instruments as listed above will also be acceptable for Guarantees in case of Mobilization Advance.
23. 4.6

    The Performance Guarantee shall be submitted by the successful bidder after the letter of acceptance has been issued, but before signing of the agreement. These PGs shall be initially valid up to the stipulated date of completion and maintenance period, if any plus 60 days beyond that. In case, the time for completion of service gets extended, the contractor shall get the validity of PGs extended to cover such extended time for completion and maintenance period, if any of service plus 60 days.
24. 4.7

    The Performance Guarantee (PGs) shall be released after the physical completion of the work/service delivery based on the Completion Certificate' issued by the competent authority stating that the contractor has completed the work in all respects satisfactorily and passing of final bill based on "No Claim Certificate" from the contractor. In case any contracts provides for warranty/maintenance clause then 25% of the Performance Guarantee would be retained till the warranty/maintenance period is over and a certificate to that effect is issued by Manager.
25. 4.8

    Wherever the contract is rescinded, the Performance Guarantees shall be encashed/forfeited. The balance work or services for the same shall be got done independently without risk and cost of the failed contractor. The failed contractor shall be debarred for a period of 2 years from the date of such rescindment from participating in the bid which includes delivery of balance services of failed contract. If the failed contractor is a partnership firm, then every member/partner of such a firm shall be debarred from participating in the bid which includes delivery of balance services of failed contract in his/her individual capacity.
26. 4.9

    Manager 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:
27. 4.9.1

    Failure by the contractor to extend the validity of the Performance Guarantee as described herein above, in which event the Managermay claim the full amount of the Performance Guarantee.

28. Failure by the contractor to pay President of India any amount due, either as agreed by the contractor or determined under any of 4.9.2 theClauses/Conditions of the agreement, within 30 days of the service of notice to this effect by Manager.

29. The contract being determined or rescinded under provision of the GCC the Performance Guarantee shall be forfeited in full and shall be 4.9.3 absolutely at the disposal of the President of India.
30. 5

    LEGAL CHARGES:A fee of Rs. 200.00 only per legal document executed before or after execution of the contract will be paid by thecontractor for obtaining legal advice in law office. This amount will be received by this office in the form of money receipt issued by anycash counter of S. E. Rly. This amount will be deposited under allocation Z-652 or, 93652-00.
31. 6

    TERMINATION OF CONTRACT: In case of failure on the part of the contractor to complete the work within the stipulated period orauthorized extended period and breach of any terms and conditions of the contract by the contractor, the Railway administrationreserves the right to terminate the contract without notice.
32. 7

    SUB-LETTING OF CONTRACT: The contractor shall not sub-let, assign or part with this contract nor shall take any partner or any otherperson / persons interested in the contract without the prior written consent of the Railway Administration. Any breach by the contractorin respect of the clause will entitle the Railway Administration without prejudice its any other right or rights to terminate the contractforthwith.
33. 8

    AGREEMENT : The successful tenderer shall be required to execute an agreement on a prescribed format based on accepted terms and conditions within 30 (thirty) days from the date of issue of LOA. Payment against bills shall only be eligible after execution of the agreement.
34. 9

    FORCE MAJEURE: Tenderer shall be relieved of liability arising under this contract wherever and to the extent to which the fulfillment of any obligation under this contract is prevented, restricted or impended by reasons of any statute, statutory rules, regulations, order or requisitions issued by any Govt. Department or other competent authority, natural calamities, war, riots and such other unforeseen circumstances beyond tenderer's reasonable control. Sr.DME/TRS/IPTE, shall consider your claims arising from the fore going circumstances and may either reject or admit such claims as deemed reasonable and are supported by voucher and or documentary evidence to the entire satisfaction of the Sr. DME/TRS/IPTE.
35. 10

    VALIDITY OF THE TENDER: The offer shall remain open for acceptance for a period of 60 days from the date of Tender opening. Within this period the contractor/Tenderer cannot withdraw his offer subject to the period being extended further if required by mutual agreement from time to time. Any contravention to the above condition will make the Tenderer liable for forfeiture of his Security Deposit /Earnest Money Deposit.
36. 11

    SUBMISSION OF TENDER: The tender shall be submitted with earnest Money deposit and other documents in legible scanned copy. The Tender shall be submitted only through online mode at IREPS portal i.e. www.ireps.gov.in. Tenders not accompanying EMD will be summarily rejected.
37. 12

    ACCEPTANCE OF TENDER: The acceptance of the Tender will rest with the Sr. Divl. Mechanical Engineer (TRS)/IPTE S. E. Railway, who reserves the right to divide the Tender amongst more than one Tenderer if deemed necessary and also to reject any or all Tenders received without assigning any reason and does not bind himself to accept the lowest or any Tender.
38. 13

    OPENING OF TENDER: The tender will be opened on the schedule date and time as notified through advertised tender and subsequent corrigendum, issued if any.
39. 14

    Omissions & Discrepancies : Should a tenderer find discrepancies in or omissions from the drawings or any of the Tender Forms or should he be in doubt as to their meaning, he should at once notify the authority inviting tenders who may send a written instruction to all tenders. It shall be understood that every endeavour has been made to avoid any error which can materially affect the basis of tender and successful tenderer shall take upon himself and provide for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof.
40. 15

    OTHER TERMS & CONDITIONS
41. 15.1

    Terms and conditions are applicable as per latest General conditions of contract for services 2018 issued by Railway as well as with all applicable extant orders and amendments issued by the Government of India, Ministry of Railways (Railway Board), from time to time.
42. 15.2

    Sr.DME/TRS/IPTE will be the competent authority to change / modify the Scope of work, Schedule of work and Inspection clause as deemed fit during the currency of work, if felt necessary. The decision of Railway Administration in this respect shall be final and binding and no claim in this respect shall be entertained. The contractor is bound to accept such changes / modifications, made during the currency of work.
43. 16

    The Contract for this work shall be governed by the General Conditions of Contract (GCC) for Services - 2018 of Indian Railways, as well as with all applicable extant orders and amendments issued by the Government of India, Ministry of Railways (Railway Board), from time to time. The GCC for services - 2018 has been enclosed with this tender document under documents tab. The GCC document can also be downloaded from the official Indian Railways website or directly using the followinglink:https://indianrailways.gov.in/railwayboard/uploads/directorate/Transformation_Cell/Circulars/General_Condition_Contract_Service.pdf