Annual Maintenance Contract(AMC) of SCADA system of Nagpur Division. for a period of 04 Years

Financial Eligibility Criteria: The tender must have minimum averageannual contractual turnover of V/N or 'V' whichever is less. Where V=Advertised value of the tender in crores of rupees'. N= Number of yearsprescribed for completion of work for which bids have been invited. Theaverage annual contractual turnover shall be calculated as an average of"total contractual payments" in the previous three financial years, as perthe audited balance sheet. However, in case balance sheet of theprevious year is yet to be prepared/ audited, the audited balance sheetof the fourth previous year shall be considered for calculating averageannual contractual turnover. The tenders shall submit requisiteinformation as per Annexure-VIB, along with copies of Audited Balancesheets duly certified by the Chartered Accountant/Certificate fromChartered Accountant duly supported by Audited Balance Sheet.

The tenderer must have successfully completed or substantiallycompleted any one of the following categories of work(s) during last 07(seven) years, ending last day of month previous to the one in whichtender is invited: Three similar works costing not less than the amountequal to 30% of advertised value of the tender, or Two similar workscosting not less than the amount equal to 40% of advertised value of thetender, or One similar work costing not less than the amount equal to 60% of advertised value of the tender.

Similar works defined as 1)For provision of New SCADA system or replacement of existing SCADA system: Supply,Erection,Testing & Commissioning of SCADA system (new or replacement account) by the prevailing RDSO approved sources. 2) For Annual Maintenance Contract (AMC) Modification Up gradation of existing SCADA system: Supply,Erection,Testing & Commissioning/Annual Maintenance Contract (AMC)/Modification/Up gradation of the existing SCADA System by the OEM/RDSO approved sources.

(Note: Work experience certificate from private individual shall not beconsidered. However, in addition to work experience certificates issuedby any Govt. Organization,work experience certificate issued by Publiclisted company having average annual turn over of Rs 500 crore andabove in last 3 financial years excluding the current financial year, listedon National Stock Exchange or Bombay Stock Exchange,incorporated/registered at least 5 years prior to the date of opening oftender, shall also be considered provided the work experience 1.1.1 certificatehas been issued by a person authorized by the Public listed company toissue such certificates. In case tenderer submits work experiencecertificate issued by public listed company, the tenderer shall also submitalong with work experience certificate, the relevant copy of work order,bill of quantities, bill wise details of payment received duly certified byChartered Accountant, TDS certificates for all payments received andcopy copy of final/last bill paid by company in support of above workexperience certificate).

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.

GENERAL INSTRUCTIONS TO TENDERERS For e-Tenders

E-tender have been invited for and on behalf of the President of India through website www.ireps.gov.in for the work mentioned against the tender notice number available in the website. Tenderers are to bid online only in the above mentioned website. All Mandatory fields marked with (*) have to be filled in by the tenderer. No Manual offer is acceptable against this tender. No Tender document in hard copy will be sold against this tender Please read the Instructions to Tenderers for e- tendering, General Conditions of Contract, Special Condition of Contract before filling the etender through online.

E-Tender forms are not transferable and the same is to be submitted with digital signature by the Tenderer already registered with the site.

The submitted e-tender forms will be considered as digitally signed by the tenderer as a confirmation from the tenderer that the tenderer has read, agreed and accepted all the conditions and laid down documents referred as well as Schedule of Tender, General and Special Conditions.

The tender offer complete in all respect and with all documents is to be submitted online by e-tendering process through the website www.ireps.gov.in before the closing time/date of this tender as mentioned in the NIT (Notice Inviting Tender). Tenderer can revise the bids any number of times till the closing time/date of the tender. No manual offers shall be accepted.

This document is the Standard Tender Document which consists of the Instruction to the Tenderers, NIT (Notice Inviting Tender), General Conditions of the Tender, Special conditions of the tender, Tender schedules, Specifications of the works & various Annexures etc. All the above mentioned documents taken together if not scored off, shall constitute the complete tender document hereafter referred to as Tender Document & have to be read together & acted upon accordingly. No part of the tender document can be relied upon or acted upon in isolation.

The Railway and the website will have no responsibility for incorrect evaluation of cost and thereby incorrect cost of work and ranking of tenderers, if the schedule is not filled in correctly and unambiguously for each item. No claim or clarification of a tenderer regarding applicability, inclusion or exclusion of any element of tax or duty or any other change in the offer subsequently (after opening of the tender) will be entertained. For this the tenderers are advised to read the Instructions, General Conditions, Special Conditions and other Instructions carefully before submission of tender.

In case of any problem with the portal is faced while filling the e-tender, Tenderers are advised to contact with the Helpdesk of IREPS portal who will render all help and assistance related with the website and portal except that related with the details of the tender. Railway will not take any responsibility for non- participation in the e-tender online for the reasons related to the website and portal or server etc beyond the control of railways.

Railway and the IREPS website will not take the responsibility for any online payment made by the tenderer and debited from his/their account towards the tender cost or Earnest Money due to wrong or mismanipulation or any reasons related with the IT or found unsuitable for the tender etc. In this regard Railway and IREPS website will not entertain any claim or refund the paid amount.

The Railway may, of its own or in response to any clarification requested/suggested by any person including that from the tenderer, may modify this tender document at its sole discretion at least 10 days before the due date of closing of the tender as corrigendum.

Corrigendum as required may be issued at least 10 days prior to the closing of the tender. These corrigenda of this tender, if any, as issued time to time will be available on website at least 10 days in advance of closing of tender. The tenderers are requested to check the website before submitting their offer whether any such corrigendum to the tender has been issued or not and revise the offer if required accordingly. Failure on the part of tenderer on this aspect will be solely tenderers responsibility.

THE SCHEDULE OF WORKS

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.

OPENING OF TENDER

Opening of e-tender online:- The e-tenders will be opened online using the IREPS portal. No representative is required to be present for opening of tender and taking notes of rates quoted and ranking as the complete details of rates etc. of all the bidders shall be available to the bidders in the website after the opening of the tender.

In case the date of closing mentioned in the Notice Inviting Tender is declared a holiday/bandh/strike etc. on any account, the date of closing tender online will not be changed as the application in the website of IREPS does not permit submission of any offer after closing date and time of the tender. However, opening of tenders online will be on any convenient day after the closing date/time of tenders.

SUBMISSION OF DOCUMENTS IN SUPPORT OF ELIGILIITY CRITERIA.

All documents in support of fulfillment of the eligibility criteria with respect to completion of Similar nature of work for Technical Eligibility Criteria and Total gross contractual receipt value for Financial Eligibility Criteria should be uploaded online in the website with scanned copy in pdf format at the time of tender bidding with details showing in the Annexures.

The tenderer shall submit along with the tender document, documents in support of his/their claim to fulfill the eligibility criteria as mentioned in the tender document. Each page of the copy of documents/certificates in support of credentials, submitted by the tenderer, shall be self attested/digitally signed by the tenderer

The tenderers shall submit a copy of certificate stating that all their statements/documents submitted along with bid are true and factual. Standard format of certificate to be submitted by the bidder is enclosed as Annexure-V. It shall be mandatorily incumbent upon the tenderer to identify, state and submit the supporting documents duly self attested by which they/he is qualifying the Qualifying Criteria mentioned in the Tender Document.

In case of any wrong information submitted by tenderer, the contract shall be terminated, Performance Guarantee (PG) and Security Deposit (SD) of contract forfeited and agency barred for doing business on entire Indian Railways for 5 (five) years.

The Railway reserve the right to verify all statement, 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 the railway there under.

Security Deposit

The Security Deposit shall be 5% of the contract value. The Bid Securitysubmitted by the Contractor with his tender will be retained/encashed bythe Railways as part of security for the due and faithful fulfillment of thecontract by the Contractor. Provided further that, if Contractor submits theCash or Term Deposit Receipt issued from a Scheduled commercial bankof India or irrevocable Bank Guarantee Bond from a Scheduledcommercial bank of India, either towards the Full Security Depositor thePart Security Deposit equal to or more than Bid Security, the Railway shallreturn the Bid Security, to the Contractor. Balance of Security Deposit maybe deposited by the Contractor in cash or Term Deposit Receipt issuedfrom Scheduled commercial bank of India or irrevocable Bank Guaranteebond issued from Scheduled commercial bank of India, or may berecovered at the rate of 6% of the bill amount till the full Security Depositis recovered. Provided also that in case of defaulting Contractor, theRailway may retain any amount due for payment to the Contractor on thepending "on account bills" so that the amounts so retained (includingamount guaranteed through Performance Guarantee) may not exceed10% of the total value of the contract. The Irrevocable Bank Guaranteesubmitted towards Security deposit shall be initially valid up to thestipulated date of Maintenance period plus 60 days and shall be extendedfrom time to time, depending upon extension of contract granted in termsof Clause 17A and 17B of the Standard General Conditions of Contract.Note: Security Deposit deposited in cash by the Contractor or recoveredfrom the running bills of a Contractor or submitted by contractor as TermDeposit Receipt(s) can be refunded/returned to the contractor, in lieu ofirrevocable Bank Guarantee bond issued from scheduled commercial bankof India, to be submitted by him, for an amount equal to or more than thealready available Security Deposit, provided however that, in a contract ofvalue less than Rs. 50 Crore, such refund/ return of the already availableSecurity Deposit is permitted up to two times and in a contract of valueequal to or more than Rs. 50 Crore, such refund / return of the alreadyavailable 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)FinalPayment of the Contract as per clause 51.(1) and (b)Signature of FinalSupplementary Agreement or Certification by Engineer that Railway hasNo Claim on Contractor and (c)Issue of Maintenance Certificate on expiryof the maintenance period as per clause 50.(1). (2) (ii) Forfeiture ofSecurity Deposit: Whenever the contract is rescinded as a whole underclause 62 (1) of these conditions, the Security Deposit already withrailways under the contract shall be forfeited. However, in case thecontract is rescinded in part or parts under clause 62 (1) of theseconditions, the Security Deposit shall not be forfeited.

Performance Guarantee(PG).

The procedure for obtaining Performance Guarantee is outlined below:(a) The successful bidder shall have to submit a Performance Guarantee (PG) within 21 (Twentyone) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission ofPG beyond 21 (Twenty one) days and upto 60 days from the date of issue of LOA may be given bythe Authority who is competent to sign the contract agreement. However, a penal interest of 12% perannum shall be charged for the delay beyond 21(Twenty one) days, i.e. from 22ndday after the date ofissue of LOA. Further, if the 60thday happens to be a declared holiday in the concerned office of theRailway, 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 thedate of issue of LOA, the contract is liable to be terminated. In case contract is terminated railwayshall be entitled to forfeit Bid Security and other dues payable to the contractor against that particularcontract, subject to maximum of PG amount. In case a tenderer has not submitted Bid Security on thestrength of their registration as a Startup recognized by Department of Industrial Policy andPromotion (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 successful bidder shall submit the Performance Guarantee(PG) amounting to 5% of the original contract value andAdditional Performance Guarantee as per clause 16(4)(h)in anyof the following forms:- (i) A deposit of Cash; (ii)Irrevocable BankGuarantee; (iii) Insurance Surety Bond as per Annexure - XVIINote:- In case of extension of Date of Completion, selectedbidder needs to submit extended insurance Surety Bond/FreshInsurance Surety Bond/fresh Performance Security, in any formas given above, before expiry of existing Insurance SuretyBond. (iv) Government Securities including State Loan Bonds at5% below the market value; (v) Pay Orders and Demand Draftstendered by any Scheduled Commercial Bank of India; (vi)Guarantee Bonds executed or Deposits Receipts tendered byany Scheduled Commercial Bank of India; (vii) Deposit in thePost Office Saving Bank; (viii) Deposit in the National SavingsCertificates; (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 theface value whichever is less. Also, FDR in favour of FA&CAO(free from any encumbrance) may be accepted

16(4)(h) of Part-II of GCC-22 - If a tender is accepted on thequoted rates of bidder which is below the advertised tendervalue, an additional performance security shall be submitted bythe bidder as below:- Bid quoted in % of advertised cost -Additional PG(%): below 0-5%(Inclusive ) - NIL, Below 5% - 5%

(c) 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.

(d) 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.

(e) 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.

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

(g) 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.

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 thereunder 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.

A.Apprentices Act: 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.

Provisions of Payments of Wages Act: The Contractor shall comply with the provisions of the Payment of Wages Act, 1936 and the rules made thereunder in respect of all employees employed by him either directly or through petty Contractors or sub-contractors in the works. If in compliance with the terms of the contract, the Contractor directly or through petty Contractors or sub-contractors shall supply any labour to be used wholly or partly under the direct orders and control of the Engineer whether in connection with the works to be executed hereunder or otherwise for the purpose of the Engineer, such labour shall nevertheless be deemed to comprise persons employed by the Contractor and any moneys which may be ordered to be paid by the Engineer shall be deemed to be moneys payable by the Engineer on behalf of the Contractor and the Engineer may on failure of the Contractor to repay such money to the Railways deduct the same from any moneys due to the Contractor in terms of the contract. The Railway shall be entitled to recover the same from Contractor's bills/Security Deposit or any other dues of Contractor with the Government of India all moneys paid or payable by the Railway by way of compensation of aforesaid or for costs of expenses in connection with any claim thereto 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.

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.(3)The Contractor shall pay to the labour employed by him directly or through sub-contractors the wages as per provision of the aforesaid Act and the Rules wherever applicable. The Contractor shall notwithstanding the provisions of the contract to the contrary, cause to be paid the wages to labour, indirectly engaged on the works including any engaged by subcontractors in connection with the said work, as if the labour had been immediately employed by him.

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

A.(5)In every case in which, by virtue of the provisions of the aforesaid Act or the rules, the Railway is obliged to pay any amount of wages to a workman employed by the Contractor or his sub-contractor in execution of the work or to incur any expenditure on account of the contingent, liability of the Railway due to the Contractor's failure to fulfill his statutory obligations under the aforesaid Act or the rules, the Railway will recover from the Contractor, the amount of wages so paid or the amount of expenditure so incurred and without prejudice to the rights of the Railway under the Section 20, Sub- Section (2) and Section 2, Sub-Section (4) of the aforesaid Act, the Railway shall be at liberty to recover such amount or part thereof from Contractor's bills/Security Deposit or any other dues of Contractor with the Government of India. The Railway shall not be bound to contest any claim made against it under Sub- Section (1) of Section 20 and Sub-Section (4) of Section 21 of the aforesaid Act except on the written request of the Contractor and upon his giving to the Railway full security for all costs for which the Railway might become liable in contesting such claim. The decision of the Chief Engineer regarding the amount actually recoverable from the Contractor as stated above shall be final and binding on the Contractor.

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.

C (i) Contractor is to abide by the provisions of Payment of Wages act & Minimum Wages act in terms of clause 54 and 55 of Indian Railways General Condition of Contract. In order to ensure the same, an application has been developed and hosted on website 'www.shramikkalyan.indianrailways.gov.in'. Contractor shall register his firm/company etc. and upload requisite details of labour and their payment in this portal. These details shall be available in public domain. The Registration/ updation of Portal shall be done as under: (a)Contractor shall apply for onetime registration of his company/firm etc. in the Shramikkalyan portal with requisite details subsequent to issue of Letter of Acceptance. Engineer shall approve the contractor's registration in the portal within 7 days of receipt of such request. (b)Contractor once approved by any Engineer, can create password with login ID (PAN No.) for subsequent use of portal for all LoAs issued in his favour.(c)The contractor once registered on the portal, shall provide details of his Letter of Acceptances (LoA) / Contract Agreements on shramikkalyan portal within 15 days of issue of any LoA for approval of concerned engineer. Engineer shall update (if required) and approve the details of LoA filled by contractor within 7 days of receipt of such request. (d)After approval of LoA by Engineer, contractor shall fill the salient details of contract labours engaged in the contract and ensure updating of each wage payment to them on shramikkalyan portal on monthly basis. (e)It shall be mandatory upon the contractor to ensure correct and prompt uploading of all salient details of engaged contractual labour & payments made thereof after each wage period. (ii) While processing payment of any 'On Account bill' or 'Final bill' or release of 'Advances' or 'Performance Guarantee / Security deposit', contractor shall submit a certificate to the Engineer or Engineer's representatives that "I have uploaded the correct details of contract labours engaged in connection with this contract and payments made to them during the wage period in Railway's Shramikkalyan portal at 'www.shramikkalyan.indianrailways.gov.in' till ____Month, ____Year."

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, April'2022 corrected upto date.

The contractor shall take utmost care while carrying out theworks including excavation so as not to cause any damage tothe existing Railway underground and other cables. In casecable is damaged by the contractor due to fault of hispersonnel, he is liable for penalty as follows:

Cable damaged: Penalty per location.