Dismantling, Cleaning , & Painting work of Coach bogies at KGPW

Financial Eligibility Criteria: 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 = No. 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.

Technical Eligibility Criteria: (a) The tenderer must have successfully completed or substantially completed 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. Similar Nature of Work means: "Dismantling/Repair/Assembly/Maintenance work of:- i) Railway Coaches/ Diesel Locomotives/ Electric Locomotives/ Wagons/ Container in Railway Workshop/ Railway Production Units/ Railway Units in State Govt./ Central Govt. PSU/PSE or ii)Automobile Products viz. Ship/ Air Transport/ Roadways Buses/ Trucks/ Heavy Mobile Machinery in State Govt./ Central Govt./PSU/PSE"

The Price variation Clause (PVC) will not be applicable for this contract.

All the schedule rates are inclusive of GST charges.

In case of an increase or decrease in GST rate, the same will be either paid by Railway or recovered from the firm as the case may be.

The successful tenderer who is liable to be registered under CGST/IGST/UGST/SGST Act. shall submit GSTIN along with other details required under CGST/IGST/UGST/SGST Act to railway immediately after the award of contract, without which no payment shall be released to the contractor. The contractor shall be responsible for deposition of applicable GST to the concerned authority.

In case the successful tenderer is not liable to be registered under CGST/IGST/ UGST/SGST Act, the railway shall deduct the applicable GST from his/their bills under reverse charge mechanism (RCM) and deposit the same to the concerned authority.

Tenderers will examine the various provisions of the Central Goods and Services Tax Act.2017(CGST)/Integrated Goods and Services Tax Act.2017(IGST)/Union Territory Goods and services Act.2017(UGST)/respective state's State Goods and Services Tax Act (SGST) also, as notified by Central/State Govt. & as amended from time to time and applicable taxes before bidding. Tenderers will ensure that full benefit of Input Tax Credit (ITC) likely to be availed by them is duly considered while quoting rates. Credit (ITC) likely to be availed by them is duly considered while quoting rates.

The mandate form should be uploaded as per the attached format.

PAN Card details should be attached.

The Bid Security shall be deposited either in cash through e- payment gateway or submitted as Bank Guarantee bond from a scheduled commercial bank of India or as mentioned in tender documents. The Bank Guarantee bond shall be as per Annexure- VI A and shall be valid for a period of 90 days beyond the bid validity period.

The Tenderer(s)/contractors will have to accept and opt to take payment from Railway through a letter of credit(LC) arrangement, Modalities of the same will be as per Director Finance/CCA, Railway Board Letter Nos-2017/AC II/9/10Pt.I dtd 20.02.2018(RBA No-10/2018),2017/AC II/9/10Pt.3 dtd 09.05.2018(RBA No-48/2018) and 2018/CE-I/CT/9 dated 04.06.2018; copies are available in tender document.However ,this is subjected to the required system has already been finalised and become operative by the concerned account department of Railway at any point of time, Therefore the Tenderer has to agree in this respect and exercise his/her/their Option to this effect as per format available in Tender document.

Documents to be Submitted Along with Tender: (i) The tenderer shall clearly specify whether the tender is submitted on his own (Proprietary Firm) or on behalf of a Partnership Firm / Company / Joint Venture (JV) / Registered Society / Registered Trust / HUF etc. The tenderer(s) shall enclose the attested copies of the constitution of their concern, and copy of PAN Card along with their tender. Tender Documents in such cases are to be signed by such persons as may be legally competent to sign them on behalf of the firm, company, association, trust or society, as the case may be. (ii) Following documents shall be submitted by the tenderer: (a) Sole Proprietorship Firm: (i) An undertaking that he is not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of opening of bids, either in individual capacity or as a member of the partnership firm or JV in which he was / is a partner/member. Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the General Conditions of Contract. (ii) All other documents in terms of explanatory notes in clause 10 above. (b) HUF: (i)A copy of notarized affidavit on Stamp Paper declaring that he who is submitting the tender on behalf of HUF is in the position of 'Karta' of Hindu Undivided Family (HUF) and he has the authority, power and consent given by other members to act on behalf of HUF. (ii)An undertaking that the HUF is not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of opening of bids, either in individual capacity or as a member of the partnership firm or JV in which HUF was / is a partner/member. Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the General Conditions of Contract. (iii) All other documents in terms of explanatory notes in clause 10 above. (c) Partnership Firm: (i) The tenderer shall submit documents as mentioned in clause 18 of the Tender Form (Second Sheet). (d)Joint Venture (JV): The tenderer shall submit documents as mentioned in Clause 17 of the Tender Form (Second Sheet). (e) Company registered under Companies Act 2013: (i) The copies of MOA (Memorandum of Association) / AOA (Articles of Association) of the company (ii) A copy of Certificate of Incorporation (iii) A copy of Authorization/Power of Attorney issued by the Company (backed by the resolution of Board of Directors) in favour of the individual to sign the tender on behalf of the company and create liability against the company. (iv) An undertaking that the Company is not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of opening of bids, either in individual capacity or as a member of the partnership firm or JV in which the Company was / is a partner/member. Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the General Conditions of Contract. (v) All other documents in terms of explanatory notes in clause 10 above. However Participation of Joint Venture (JV) is not applicable to the instant tender since the tender value is less than Rs. 10 Crore (Rupees Ten crore only){Reference: Railway Board Letter No. 2002/CE-I/CT/37 JV Pt. VIII, Dated: 14.12.2012}.

LLP (Limited Liability Partnership): If the tender is submitted on behalf of a LLP registered under LLP Act-2008, the tenderer shall submit along with the tender: (i) A copy of LLP Agreement (ii) A copy of Certificate of Incorporation (iii) A copy of Power of Attorney/Authorization issued by the LLP in favour of the individual to sign the tender on behalf of the LLP and create liability against the LLP. (iv) An undertaking that the LLP is not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of opening of bids, either in individual capacity or as a member of JV in which the LLP was / is a member. Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the General Conditions of Contract. (v) All other documents in terms of explanatory notes in clause 10 above. (g)Registered Society & Registered Trust: The tenderer shall submit: (i)A copy of the Certificate of Registration (ii) A copy of Deed of Formation (iii) A copy of Power of Attorney in favour of the individual to sign the tender documents and create liability against the Society/Trust. (iv) All other documents in terms of explanatory notes in clause 10 above. (iii) If it is NOT mentioned in the submitted tender that tender is being submitted on behalf of a Sole Proprietorship firm / Partnership firm / Joint Venture / Registered Company etc., then the tender shallbe treated as having been submitted by the individual who has signed the tender. (iv) After opening of the tender, any document pertaining to the constitution of Sole Proprietorship Firm / Partnership Firm / Registered Company/ Registered Trust / Registered Society / HUF etc. shall be neither asked nor considered, if submitted. Further, no suo moto cognizance of any document available in public domain (i.e., on internet etc.) or in Railway's record/office files etc. will be taken for consideration of the tender, if no such mention is available in tender offer submitted. (v) A tender from JV / Partnership firm etc. shall be considered only where permissible as per the tender conditions. (vi) The Railway will not be bound by any change in the composition of the firm made subsequent to the submission of tender. Railway may, however, recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the Contractor. However Participation of Joint Venture (JV) is not applicable to the instant tender since the tender value is less than Rs. 10 Crore (Rupees Ten crore only){Reference: Railway Board Letter No. 2002/CE-I/CT/37 JV Pt. VIII, Dated: 14.12.2012}.

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.

This tender is governed by General Condition of Contract for Works (2022) issued by Railway Board with latest amendments. All terms & conditions of the tender document will be governed by GCC for Works 2022 with all correction slips. The General Condition of Contract-works can be seen on Railway board website www.indianrailways.gov.in. Any terms of the tender contradict the terms of GCC (Works), in such case GCC for works-2022 will prevail. Tenderers must go through General Conditions of Contract for works, available online before quoting the rates.

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.

No manual tenders sent by Post/FAX/Courier or in person shall be accepted.

If the mandatory documents are not submitted along with the tender, the tender submitted otherwise will be treated as incomplete and will not be considered.

No Post tender correspondence shall be entertained after closing of tender even suo moto post tender letters of the tenderers shall be treated as null void.

In case the date of closing mentioned in the NIT Header of e- tender document 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 the following working day after the closing date/time of tenders.

If the tenderer(s) deliberately give(s) wrong information in his/ their tender or create(s) circumstances for the acceptance of his/their tender, the Railway reserves the right to reject such tender at any stage.

The intending tenderer is advised to study the tender papers carefully and also acquaint himself with the nature of work and the matters pertaining there to. Submission of tender shall be deemed to have done after careful study and examination of tender papers with full understanding of implications thereof.

All offers shall be uploaded in the website through authorized digital signature of bidders/contractors along with submission of cost of tender document and Earnest money deposit (EMD). The cost of the tender document form and EMD can be directly paid through online gateway facility provided in www.ireps.gov.in portal within stipulated date and Time of tender closing. IREPS website should be monitored for any update or changes. Noncompliance with any of the conditions set forth therein above is liable to result in the tender being rejected.

The tenderers shall keep the offer open for a minimum period as mentioned in NIT from the date of opening of the tender, within which period the tenderers can not withdraw their offer, subject to the period being extended further if required, by mutual agreement from time to time. Any intervention of the above condition will make the tenderer liable for forfeiture of his security deposit for due performance of the foregoing stipulation.

Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works, that all conditions liable to be encountered during the execution of the works are taken into account and that the rates he entered in the tender form are adequate and all inclusive to accord with the provisions in clause 37 of the General Conditions of Contract for the completion of work to the entire satisfaction of the engineer.

Execution of Contract Document: The Tenderer whose tender is accepted shall be required to appear in person at the office of DY.CME(P)/KGPW or concerned Engineer, as the case may be, or if the tenderer is a firm or corporation, a duly authorized representative shall appear and execute the contract agreement within seven days of notice from Railways that the Contract Agreement is ready. The Contract Agreement shall be entered into by Railway only after submission of valid Performance Guarantee by the Contractor. Failure to do so shall constitute a breach of the agreement affected by the acceptance of the tender. In such cases, the Railway may determine that such tenderer has abandoned the contract and there upon his tender and acceptance thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of the Earnest Money and other dues payable to the Contractor under this contract. The failed Contractor shall be debarred from participating in the retender for that work.

Tender credential: 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 the railway thereunder.

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. In addition, other dues of the contractor, if any, under this contract shall be forfeited and agency shall be banned for doing business for a period of upto two years.

Rights of the Railway to deal with Tender: The authority for the acceptance of the tender will rest with the Railway. It shall not be obligatory on the said authority to accept the lowest tender or any other tender, and tenderer(s) shall neither demand any explanation for the cause of rejection of his/ their tender nor the Railway to assign reasons for declining to consider or reject any particular tender or tenders.

Provisions of Make in India Policy 2017 issued by Govt. of India, as amended from time to time, shall be followed for consideration of tenders.

If the tenderer(s) expire(s) after the submission of his / their tender or after the acceptance of his / their offer, the Railway shall deem such tender cancelled. If a partner of a firm expires after the submission of their tender or after the acceptance of their tender, the Railway shall deem such tender as cancelled, unless the firm retains its character.

Law Governing The Contract: The contract shall be governed by the law for the time being in force in the Republic of India.

Compliance With Regulations And Bye-Laws: The Contractor shall conform to the provision of any statute relating to the works and regulations and bye-laws of any local authority and of any water and lighting companies or undertakings, with whose system the work is proposed to be connected and shall before making any variation from the drawings or the specifications that may be necessitated by so confirming give to the Engineer notice specifying the variation proposed to be made and the reason for making the variation and shall not carry out such variation until he has received instructions from the Engineer in respect thereof. The Contractor shall be bound to give all notices required by statute, regulations, or bylaws as aforesaid and to pay all fees and taxes payable to any authority in respect thereof.

Communications To Be In Writing: All notices, communications, reference and complaints made by the Railway or the Engineer or the Engineer's Representative or the Contractor inter-se concerning the works shall be in writing and no notice, communication, reference, or complaint not in writing shall be recognized.

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 duly given to the Contractor, if delivered to the Contractor or his an 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 the day on which they 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 contracts by partners, any change in the constitution of the firm shall be forthwith notified by the Contractor to the Engineer.

Occupation And Use of Land: No land belonging to or in the possession of the Railway shall be occupied by the Contractor without the permission of the Railway. The Contractor shall not use, or allow to be used, the site for any purposes other than that of executing the works. Whenever non-railway bodies/persons are permitted to use railway premises with the competent authority's approval, conservancy charges as applicable from time to time may be levied.

Assignment or subletting of contract: The Contractor shall not assign or sublet the contract or any part thereof or allow any person to become interested therein in any manner whatsoever without the special permission in writing of the Chief Workshop Manager ,save as provided below. Any breach of this condition shall entitle the Railway to rescind the contract under Clause 62 of these Conditions and also render the Contractor liable for payment to the Railway in respect of any loss or damage arising or ensuing from such cancellation; provided always that execution of the details of the work by petty Contractor under the direct and personal supervision of the Contractor or his agent shall not be deemed to be sub-letting under this clause.In case the Contractor intends to subcontract part of the work, he shall submit a proposal in writing seeking permission from the Chief Workshop Manager for the same.While submitting the proposal to the railway, Contractor shall ensure the following: (a) (i)Total value of work to be assigned to sub contractor(s) shall not be more than 50% of total contract value.(ii)The subcontractor shall have successfully completed at least one work similarly to work proposed for a subcontract, costing not less than 35% value of work to be submitted, in the last 5 years through a works contract directly given to him by a Govt. Department; or by a Public listed company having an average annual turnover of Rs 500 crore & above in the last 3 financial years excluding the current financial year, listed on National Stock Exchange or Bombay Stock Exchange, registered at least 5 years back from the date of submission of proposal by Contractor to Railway and work experience certificate issued by a person authorized by the Public Listed Company to issue such certificates. In case the contractor submits the subcontractor's work experience certificate issued by a publicly listed company, the contractor shall also submit along with the work experience certificate, the relevant copy of the work order, bill of quantities, bill-wise details of payment received duly certified by Chartered Accountant, TDS certificates for all payments received,& a copy of the final/last bill paid by the company in support of above work experience certificate.(iii)There is no banning of business with the sub-contractor in force over IR.(b) The Contractor shall provide to the Engineer a copy of the agreement to be entered into by the Contractor with the subcontractor. No subcontractor shall be permitted without a formal agreement between the Contractor & subcontractor. This agreement shall clearly define the scope of work to be carried out by the subcontractor and the terms of payment in a clear & unambiguous manner.(c)On receipt of approval from the Chief Workshop Manager , the Contractor shall enter into a formal agreement legally enforceable in the Court of Law with the subcontractor & submit a copy of the same to the Engineer.(d)The Contractor shall intimate to the Engineer not less than 7 days in advance, the intended date of commencement of subcontractor's work. (e)Once having entered into the above arrangement, Contractor shall discontinue such arrangement, if he intends to do so on his own or on the instructions of Railway, with prior intimation to the Chief Workshop Manager.(f) The Contractor shall indemnify the railway against any claim of the subcontractor. (g) The Contractor shall endeavor to resolve all matters and payments amicably & speedily

(h) In addition to the issuance of a work experience certificate to the Contractor, the Engineer, when, based on documents, is satisfied that subcontracted work has been carried out by the subcontractor, shall issue a work experience certificate to the subcontractor also for the portion of work subcontracted and successfully completed by the sub-contractor. (i)The responsibility for the successful completion of work by a subcontractor shall lie with Contractor. Subcontracting will in no way relieve the Contractor to execute the work as per terms of the Contract. (j)Further, in case Engineer is of the view that the subcontractor's performance is not satisfactory, he may instruct the Contractor to remove the subcontractor from the work and the Contractor has to comply with the above instructions with due promptness. Contractor shall intimate the actual date of discontinuation of subcontract to the Engineer. No claim of Contractor whatsoever on this account shall be entertained by the Railway and this shall be deemed as an 'excepted matter' (matter not arbitrable). (k) The permitted subcontracting of work by the Contractor shall not establish any contractual relationship between the sub-contractor and the Railway and shall not relieve the Contractor of any responsibility under the Contract.

Accommodation & Railway Passes: No accommodations shall be given to any contractor(s) or staff/supervisors for the purpose of the stay. Also, no Railway pass / PTO shall be given to them.

Earnest Money: (1)(a)The tenderer shall be required to deposit earnest money 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 the tender. The earnest money shall be as under the Value of the Work Earnest Money Deposit (EMD) For works estimated to cost up to 1 crore 2% of the estimated cost of the work. For works estimated to cost more than 1 crore, 2 lakh plus ½% (half percent) of the excess of the estimated cost of work beyond 1 crore subject to a maximum of 1 crore. Note: (i)The earnest money shall be rounded OFF to the nearest 100. This earnest money shall be applicable for all modes of tendering. (ii) Any firm recognized by the Department of Industrial Policy and Promotion (DIPP) as 'Startups' shall be exempted from payment of earnest money deposit detailed above. (iii) 100% Govt. owned PSUs shall be exempt from payment of earnest money deposit detailed above. (iv)Labour Cooperative Societies shall deposit only 50% of above earnest money deposit detailed above. 1(b) It shall be understood that the tender documents have been issued to the tenderer and the tenderer is permitted to tender in consideration of the stipulation on his part, that after submitting his tender he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the Engineer. Should the tenderer fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to the Railway. 1(c) If his tender is accepted this earnest money mentioned in sub clause (a) above will be retained as part security for the due and faithful fulfillment of the contract in terms of Clause 16 of the Standard General Conditions of Contract. The Earnest Money of other Tenderers shall, save as herein before provided, be returned to them, but the Railway shall not be responsible for any loss or depreciation that may happen thereto while in their possession, nor be liable to pay interest thereon. (2) The Earnest Money shall be deposited in cash through e payment gateway or as mentioned in tender documents.

Indemnity By Contractors: The Contractor shall indemnify and save harmless the Railway from and against all actions, suit proceedings losses, costs, damages, charges, claims, and demands of every natural and description brought or recovered against the Railways by reason of any act or omission of the Contractor, his agents or employees, in the execution of the works or in his guarding of the same. All sums payable by way of compensation under any of these conditions shall be considered reasonable compensation to be applied to the actual loss or damage sustained, and whether or not any damage shall have been sustained.

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/en-cashed 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. Refund of Security Deposit: Security Deposit mentioned in sub clause (1) above shall be returned to the Contractor along with or after, the following: (a) Final Payment of the contract as per clause 51(1) of GCC and (b) Execution of Final Supplementary Agreement or Certification by Engineer that Railway has No Claim on Contractor and (c) Maintenance Certificate issued, on expiry of the maintenance period as per clause 50(1) of GCC, in case applicable. (ii)Forfeiture of Security Deposit: Whenever the contract is rescinded as a whole under clause 62 (1) of GCC, 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 GCC, 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 11 (b) will be payable with interest accrued thereon.

Performance Guarantee: (Railway Bard's letter no : 2022/CE- I/CT/GCC-2022 / POLICY/Pt. I dt . 09/01/2025 )The procedure for obtaining Performance Guarantee is outlined below: The procedure for obtaining Performance Guarantee is outlined below: (a) The successful bidder shall have to submit a Performance Guarantee (PG) within 2l (Twenty one) days from the date of issue of letter of Acceptance (LOA). Extension of time for submission of PG beyond 2l (Twenty one) days and up to 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 l2% per annum shall be charged for the delay beyond 2l (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 to the Contractor against that particular contract, subject to maximum of PG amount. In case a tenderer has not submitted Bid Security on the strength of their registration as a Start up 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. (b) The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% of the original contract value:- (i) A deposit of Cash; (ii) Irrevocable Bank Guarantee;(iii) Insurance Surety Bond as per Annexure-XVII.

Note: l. The provision of Insurance Surety Bond shall be for all contracts having DOC within 36 months only. 2. In case DOC extends beyond 36 months, fresh Insurance Surety Bond or any other form of Performance Guarantee prescribed in GCC for the balance amount shall be submitted by agency, otherwise necessary action will be taken as per terms of Agreement. (iv) Government Securities including State Loan Bonds at 5% below the market value;(v) Pay Orders and Demand Drafts tendered by any Scheduled Commercial Bank of India;(vi) Guarantee Bonds executed or Deposits Receipts tendered by any Scheduled Commercial Bank of India;(vii) Deposit in the Post Office Saving Bank;(viii) Deposit in the National Savings Certificates;(ix) Twelve years National Defence Certificates ;(x) Ten years Defence Deposits;(xi) National Defence Bonds and (xii) Unit Trust Certificates at 5% below market value or at the face value whichever is less. Also, FDR in favour of FA&CAO (free from any encumbrance) may be accepted. (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 up to 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.

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/pandemics, strikes, lockouts, or acts of God (hereinafter, referred to as 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 an 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: Subject to any requirement in the contract as to completion of any portions or portions of the works before completion of the whole, the contractor shall fully and finally complete the whole of the works comprised in the contract (with such modifications as may be directed under conditions of this contract) by the date entered in the contract or extended date in terms of the following clauses: (i) Extension Due To Modification: If any modifications have been ordered which in the opinion of the Engineer have materially increased the magnitude of the work, then such extension of the contracted date of completion may be granted as shall appear to the Engineer to be reasonable in the circumstances, provided moreover that the The contractor shall be responsible for requesting such an extension of the date as may be considered necessary as soon as the cause thereof shall arise and in any case not less than one month before the expiry of the date fixed for completion of the works. (ii) Extension For Delay Not Due To Railway Or Contractor: Engineer, the progress of work has any time been delayed by any act or neglect of Railway's employees or by other Contractor employed by the Railway under Sub- Clause (4) of Clause 20 of these Conditions or in executing the work not forming part of the contract but on which Contractor's performance necessarily depends or by reason of proceeding taken or threatened by or dispute with adjoining or neighbouring owners or public authority arising otherwise through the Contractor's own default etc. or by the delay authorized by the Engineer pending arbitration or in consequences of the Contractor not having received in due time necessary instructions from the Railway for which he shall have specially applied in writing to the Engineer or his authorized representative then upon happening of any such event causing delay, the Contractor shall immediately give notice thereof in writing to the Engineer within 15 days of such happening, but shall nevertheless make constantly his best endeavours to bring down or make good the delay and shall do all that may be reasonably required of him to the satisfaction of the Engineer to proceed with the work. The Contractor may also indicate the period for which the work is likely to be delayed and shall be bound to ask for necessary extension of time. The Engineer on receipt of such a request from the Contractor shall consider the same and shall grant such extension of time as in his opinion is reasonable having regard to the nature and period of delay and the type and quantum of work affected thereby. No other compensation shall be payable for works so carried forward to the extended period of time; the same rates, terms, and conditions of the contract being applicable as if such an extended period of time was originally provided in the original contract itself.

(iii) Extension for Delay due to Railways: In the event of any failure or delay by the Railway to hand over the Contractor possession of the lands necessary for the execution of the works or to give the necessary notice to commence the works or to provide the necessary drawings or instructions or any other delay caused by the Railway due to any other cause whatsoever, then such failure or delay shall in no way affect or vitiate the contract or alter the character thereof or entitle the Contractor to damages or compensation therefor, but in any such case, the Railway may grant such extension or extensions of the completion date as may be considered reasonable

The Contractor shall indicate the period for which the work is likely to be delayed and shall seek extension of time as may be considered necessary under clause 17A(i) or/and 17A(ii) or/ and 17A(iii) above, as soon as the cause thereof shall arise and, in any case, not less than 15 days before the expiry of the date fixed for completion of the works. The Engineer shall consider the same and shall grant and communicate such extension of time as in his opinion is reasonable having regard to the nature and period of delay and the type and quantum of work affected thereby. No other compensation shall be payable for works so carried forward to the extended period of time; the same rates, terms and conditions of contract being applicable, as if such extended period of time was originally provided in the original contract itself. The non-submission of request for extension or submission of request within less than 15 days before the expiry of the date fixed for completion of the works, shall make him ineligible for extension under these sub clauses, subject to final decision of Engineer.

Extension of Time with Liquidated Damages (LD) for delay due to Contractor: The time for the execution of the work or part of the works specified in the contract documents shall be deemed to be the essence of the contract and the works must be completed not later than the date(s) as specified in the contract. If the Contractor fails to complete the works within the time as specified in the contract for the reasons other than the reasons specified in Clause 17 and l7A, the Railway may, if satisfied that the works can be completed by the Contractor within reasonable short time thereafter, allow the contractor for further extension of time (Proforma at Annexure-VII) as the Engineer may decide. On such extension the Railway will be entitled without prejudice to any other right and remedy available on that behalf, to recover from the Contractor as agreed damages and not by way of penalty for each week or part of the week, a sum calculated at the rate of liquidate damage as decided by Engineer, between 0.05% to 0.30% of contract value of the works for each week or part of the week. For the purpose of this Clause, the contract value of the works shall be taken as value of work as per contract agreement including any supplementary work order/contract agreement issued. Provided also' that the total amount of liquidated damages under this condition shall not exceed 5% of the contract value or of the total value of the item or groups of items of work for which a separate distinct completion period is specified in the contract. Provided further, that if the Railway is not satisfied that the works can be completed by the contractor and in the event of failure on the part of the contractor to complete the work within further extension of time allowed as aforesaid, the Railway shall be entitled without prejudice to any other right or remedy available in that behalf, to appropriate the contractor's Security Deposit and rescind the contract under Clause 52 of these Conditions, whether or not actual damage is caused by such default' In a contract, where extension(s) of time have been allowed once under clause 17B, further request(s) for extension of time under clause l7A can also be considered under exceptional circumstances' Such extension(s) of time under clause 17A shall be without any Liquidated damages, but the Liquidated damages already recovered during extension(s) of time granted previously under clause l7B shall not be waived. However, Price variation during such extension(s) shall be dealt as applicable for extension(s) of time under clause 17B.

Illegal Gratification: Any bribe, commission, gift, or advantage given, promised or offered by or on behalf of the Contractor or his partner, agent or servant, or, anyone on his behalf, to any officer or employee of the Railway, or any the person on his behalf about obtaining or executing this or any other contract with the Railway shall, in addition to any criminal liability which he may incur, subject the contractor to the rescission of the contract and all other contracts with the Railway and to the payment of any loss or damage resulting from such decision and the Railway shall be entitled to deduct the amounts so payable from any moneys due to the Contractor(s) under this contract or any other contracts with the Railway.

The Contractor shall not lend or borrow from or have or enter into any monitory dealings or transactions either directly or indirectly with any employee of the Railway and if he shall do so, the Railway shall be entitled forthwith to rescind the contract and all other contracts with the Railway. Any question or dispute as to the commission or any such offense or compensation payable to the Railway under this Clause shall be settled by the General Manager of the Railway, in such a manner as he shall consider fit & sufficient and his decision shall be final & conclusive. In the event of rescission of the contract under this Clause, the Contractor will not be paid any compensation whatsoever except payments for the work done up to the date of rescission.

Commencement of Works: The Contractor shall commence the works within 15 days after the receipt by him of an order in writing to this effect from the Engineer and shall proceed with the same with due expedition and without delay.

Compliance With Engineer's Instructions: The Engineer shall direct the order in which the several parts of the works shall be executed and the 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.

Damage to Railway Property or Private Life and Property:- The Contractor shall be responsible for all risk to the work and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of the Railway or the lives, persons, or property of others on account of any negligence of the contractor in connection with the works until they are taken over by the Railway and in case the Railway shall be called upon to make good any costs, loss or damages, or to pay any compensation, including that payable under the provisions of the Workmen Compensation Act or any statutory amendments therefore to any person or persons sustaining damages as aforesaid because of any act, or any negligence or omissions on the part of the Contractor the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Railway may incur in reference there to, shall be charged to the Contractor. The Railway shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the Contractor, to take such steps as may be considered necessary or desirable to ward off or mitigate the effect of such proceedings charging to the Contractor, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, Defence, or compromise, and the incurring of any such expenses shall not be called into question by the Contractor.

Provision Of Staff: - 1. The Contractor shall place and keep on the works at all times efficient and competent staff to give the necessary directions to his workmen and to see that they execute their work in a 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. 2. 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. 3. 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 the 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. A.1 The Contractor shall also employ qualified Graduate Engineer(s) or equivalent, or qualified Diploma Engineer(s), as prescribed in the tender documents. A.2 In case the Contractor fails to employ the Engineer, as aforesaid in Para 26A.1, he shall be liable to pay liquidated damages at the rates, prescribed in the tender documents as well as Penalty clause ie. Rs1000/- per day.

Powers of Modification to Contract: The Engineer on behalf of the Railway shall be entitled by order in writing to enlarge or extend, diminish or reduce the works or make any alterations in their design, character position, site, quantities, dimensions, or in the method of their execution or the combination and use of materials for the execution thereof or to order any additional work to be done or any works not to be done, and the Contractor will not be entitled, to any compensation for any increase/reduction in the quantities of work but will be paid only for the actual amount of work done and for approved materials supplied against a specific order.

Unless otherwise specified in the special conditions of the contract, the accepted variation in the quantity of each item of the contract would be up to 25% of the quantity originally contracted, except in the case of foundation work. (ii) The Contractor shall be bound to carry out the work at the agreed rates and shall not be entitled to any claim or any compensation whatsoever up to the limit of 25% variation in the quantity of the individual item of works. (iii) In case an increase in the quantity of an individual item by more than 25% of the agreement quantity is considered unavoidable, then the same shall be executed at the following rates (a) Quantities operated more than 125% but up to 140% of the agreement quantity of the concerned item shall be paid at 98% of the rate awarded for that item in that particular tender; (b)Quantities operated in excess of 140% but up to 150% of the agreement quantity of the concerned item shall be paid at 96% of the rate awarded for that item in that particular tender; (c)Variation i n quantities of individual items beyond 150% will be avoided and would be permitted only in exceptional unavoidable circumstances and shall be paid at 96% of the rate awarded for that item in that particular tender. (d)Variation to quantities of Minor Value Item: The limit for varying quantities for minor value, items shall be 100% (as against 25% prescribed for other items). A minor value item for this purpose is defined as an item whose original agreement value is less than 1 % of the total original agreement value. d.(i) Quantities operated up to and including 100% of the agreement quantity of the concerned minor value item shall be paid at the rate awarded for that item in that particular tender; d. (ii)Quantities operated in excess of 100% but up to 200% of the agreement quantity of the concerned minor value item shall be paid at 98% of the rate awarded for that item in that particular tender; d.(iii) Variation in quantities of individual minor value items beyond 200% will be avoided and would be permitted only in exceptional unavoidable circumstances and shall be paid at 96% of the rate awarded for that item in that particular tender. (iv) In the case of earthwork, the variation limit of 25% shall apply to the gross quantity of earthwork and variation in the quantities of individual classifications of soil shall not be subject to this limit. (v) In the case of foundation work, no variation limit shall apply and the work shall be carried out by the Contractor on agreed rates irrespective of any variation. (vi) As far as SOR items are concerned, the limit of 25% would apply to the value of the SOR schedule as a whole and not to individual SOR items. However, in the case of NS items, the limit of 25% would apply to the individual items irrespective of the manner of quoting the rate (single percentage rate or individual item rate).

Valuation of Variations: The enlargements, extensions, diminution, reduction, alterations or additions referred to in Sub- Clause (2) of this Clause shall in no degree affect the validity of the contract; but shall be performed by the Contractor as provided therein and be subject to the same conditions, stipulations and obligations as if they had been originally and expressively included and provided for in the Specifications and Drawings and the amounts to be paid therefore shall be calculated in accordance with the accepted Schedule of Rates. Any extra items/quantities of work falling outside the purview of the provisions of Sub-Clause (2) above shall be paid for at the rates determined under Clause-39 of these Conditions.

Certificate Of Completion Of Works: As soon as in the opinion of the Engineer, the work has been completed and has satisfactorily passed any final test or tests that may be prescribed, the Engineer shall issue a certificate of completion duly indicating the date of completion in respect of the work, and the period of maintenance of the work shall commence from the date of completion mentioned in such certificate. The Engineer may also issue such a certificate indicating the date of completion with respect to any part of the work (before the completion of the whole of work), which has been both completed to the satisfaction of the Engineer and occupied or used by the Railway. When any such certificate is given in respect of part of a work, such part shall be considered as completed and the period of maintenance of such part shall commence from the date of completion mentioned in the completion certificate issued for that part of the work.

Post Payment Audit:- It is an agreed term of the contract that the Railway reserves to itself the right to carry out a post- payment audit and or technical examination of the works and the final bill 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 overpayment to him is discovered to have been made in respect of any works done or alleged to have been done by him under the contract.

Provisions of Payments of Wages Act: The Contractor shall comply with the provisions of the Payment of Wages Act, of 1936 and the rules made there under in respect of all employees directly or through petty Contractors or sub- Contractors employed by him in the works. If in compliance with the terms of the contract, the contractor directly or through petty contractors or subcontractors shall supply any labor 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 Labor shall nevertheless be deemed to comprise persons employed by the Contractor and any money 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 the failure of the Contractor to repay such money to the Railways deduct the same from any money due to the Contractor in terms of the contract. The Railway shall be entitled to deduct from any money due to the Contractor (whether under this contract or any of the contract) all money 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:

The Contractor shall comply with the Provision of 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 Acts and the Rules

The Contractor shall obtain a valid labor 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 this requirement shall attract the penal provisions of the contract arising out of the resultant non-execution of the work.

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

In respect of all Labour directly or indirectly employed in the work for performance of the Contractors part of the contract, the Contractor shall comply with or cause to be complied with the provisions of the aforesaid Act and the Rules wherever applicable.

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 in providing welfare and health amenities required to be provided under the aforesaid Act and the Rules or to incur any expenditure o On account of the contingent liability of the Railway due to the Contractors 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 Section 20 Sub-section (2) and Section 2, Sub-section (4) of aforesaid Act, the Railway shall be at liberty to recover such amount or part thereof by deducting it from the security deposit and/or from any sum due by the Railway to the Contractor whether under the contract or otherwise. 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 2 1 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 Railway regarding the amount actually recoverable from the Contractor as stated above, shall be final and binding on the Contractor.

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

Contractor is to abide by the provisions of various labour laws in terms of above clause 54, 55, 55-A and 55-B of Indian Railways Standard General Conditions 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.

Reporting of Accidents: The Contractor shall be responsible for the safety of all employees directly or through petty Contractors or sub Contractors employed by him on the works and shall report serious accidents to any of them however and wherever occurring on the works to the engineer or the engineers representative and shall make every arrangement to render all possible assistance.

Provision of Workmens Compensation Act: - In every case in which by virtue of the provisions of Section 12 Sub-section (1) of the Workmens Compensation Act 1923, Railway is obliged to pay compensation to a workman directly or through petty Contractor or sub-Contractor employed by the Contractor in executing the work, Railway will recover from the Contractor the amount of the compensation so paid, and, without prejudice to the rights of Railway under Section 12 Sub-section (2) of the said Act, Railway shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by Railway to the Contractor whether under these conditions or otherwise. Railway shall not be bound to contest any claim made against it under Section 12 Sub-section (1) of the said Act except on the written request of the Contractor and upon his giving to Railway full security for all costs for which the Railway might become liable in consequence of contesting such a claim.

Treatment of Contractors staff in Railway Hospitals: The Contractor and his staff, other than Labourers and their families requiring medical aid from the Railway Hospitals and dispensaries will be treated as private patients and charged accordingly. The Contractors Labourers and their families will be granted free treatment in Railway hospitals and dispensaries where no other Hospitals or dispensaries are available provided the Contractor pays the costs of medicines, dressings, and diet money according to the normal scale and additional charges for special examinations such as pathological and bacteriological examination, X-Ray etc. and for surgical operation.

Right of the railway to determine the contract: The Railway shall be entitled to determine and terminate the contract at any time should, in the Railways opinion, the cessation of work becomes necessary owing to the paucity of funds or from any other cause whatever, in which case the value of approved material at the 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 therefore shall be conclusive evidence thereof.

Payment of determination of contract: Should the contract be determined under sub-clause (a) of this clause and the Contractor claims payment for expenditure incurred by him in the expectation of completing the whole of the work, the Railway shall admit and consider such claims as are deemed reasonable and are supported by vouchers to the satisfaction of the Engineer. The Railways decision on the necessity and propriety of such expenditure shall be final and conclusive.

The Contractor shall have no claim to any payment of compensation or otherwise, howsoever on account of any profit or advantage which he might have derived from the execution of the work in full but which he did not derive in consequence of determination of contract

1) Determination of Contract owing to Default of Contractor: If the Contractor should: (i) Become bankrupt or insolvent, or (ii)Make an arrangement for assignment in favour of his creditors, or agree to carry out the contract under a Committee of Inspection of his creditors, or (iii) Being a Company or Corporation, go into liquidation (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), or (iv) Have an execution levied on his goods or property on the works, or (v) Assign the contract or any part thereof otherwise than as provided in Clause 7 of these Conditions, or (vi) Abandon the contract, or (vii) Persistently disregard the instructions of the Engineer, or contravene any provision of the contract, or (viii) Fail to adhere to the agreed programme of work by a margin of 10% of the stipulated period, or (ix) Fail to Execute the contract documents in terms of Clause 8 of the Regulations for Tenders and Contracts. (x) Fails to submit the documents pertaining to identity of JV and PAN in terms of Clause 17.11 of Tender Form available in the Regulations for Tenders and Contracts. (xi) Fail to remove materials from the site or to pull down and replace work after receiving from the Engineer notice to the effect that the said materials or works have been condemned or rejected under Clause 25 and 27 of these Conditions, or (xii) Fail to take steps to employ competent or additional staff and labour as required under Clause 26 of the Conditions, or (xiii) Fail to afford the Engineer or Engineer's representative proper facilities for inspecting the works or any part thereof as required under Clause 28 of the Conditions, or (xiv) Promise, offer or give any bribe, commission, gift or advantage either himself or through his partner, agent or servant to any officer or employee of the Railway or to any person on his or on their behalf in relation to the execution of this or any other contract with this Railway. (xv) Fail to adhere to the provisions of Clause 16 of Tender Form (Second Sheet) of Annexure I of Part I 'Regulations for Tenders and Contract', or provision of above Clause 59(9). (xvi) Submits copy of fake documents / certificates in support of credentials, submitted by the tenderer Then and in any of the said Clause, the Engineer on behalf of the Railway may serve the Contractor with a notice (Proforma at Annexure-IX) in writing to that effect and if the Contractor does not within seven days after the delivery to him of such notice proceed to make good his default in so far as the same is capable of being made good and carry on the work or comply with such directions as aforesaid of the entire satisfaction of the Engineer, the Railway shall be entitled after giving 48 hours' notice (Proforma at Annexure-X or XII, as the case may be) in writing under the hand of the Engineer to rescind the contract as a whole or in part or parts (as may be specified in such notice) and after expiry of 48 hours' notice, a final termination notice (Proforma at Annexure-XI or XIII, as the case may be) should be issued. Note: The engineer at his discretion may resort to the part termination of contract with notices (Proforma at Annexure- IX, XII and XIII), only in cases where progress of work is more than or equal to 80% of the original scope of work.

Right of Railway after Rescission of Contract owing to Default of Contractor: In the event of any or several of courses referred to in sub-clause (1) of this clause, being adopted.

(a)The Contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into any commitments or made any advances on account of or with a view to the execution of the works or the performance of the contract and Contractor shall not be entitled to recover or be paid any sum for any work there to for actually performed under the contract unless and until the Engineer shall have certified the performance of such work and the value payable in respect thereof and the contractor shall only be entitled to be paid the value so certified.

(b)In the contract which has been rescinded as a whole, the Security Deposit already with railways under the contract shall be encashed/ forfeited and the Performance Guarantee already submitted for the contract shall be encashed. The balance work shall be got done independently without risk & cost of the failed Contractor. The failed Contractor shall be debarred from participating in the tender for executing the balance work. If the failed Contractor is a JV or a Partnership firm, then every member/partner of such a firm shall be debarred from participating in the tender for the balance work in his/her individual capacity or as a partner of any other JV /partnership firm. Further the authorized representative of failed Contractor cannot be accepted as authorized representative in new contract.

(c) In the contract rescinded in part or parts, (i) The full Performance Guarantee for the contract shall be recovered. No additional Performance Guarantee shall be required for balance of work being executed through the part terminated contract. The contract value of part terminated contract stands reduced to the balance value of work under the contract. (ii) The Security Deposit of part terminated contract shall be dealt as per clause 16(2) of GCC. (iii) The defaulting Contractor shall not be issued any completion certificate for the contract. (iv) The balance work shall be got done independently without risk & cost of the failed Contractor. The failed Contractor shall be debarred from participating in the tender for executing the balance work. If the failed Contractor is a JV or a Partnership firm, then every member/partner of such a firm shall be debarred from participating in the tender for the balance work in his/her individual capacity or as a partner of any other JV /partnership firm. (v) Further the authorized representative of failed Contractor will not be accepted as authorized representative in new contract.

(d) The Engineer or the Engineer's Representative shall be entitled to take possession of any materials, tools, implements, machinery and buildings on the works or on the property on which these are being or ought to have been executed, and to retain and employ the same in the further execution of the works or any part thereof until the completion of the works without the Contractor being entitled to any compensation for the use and employment thereof or for wear and tear or destruction thereof. (e) The Engineer shall as soon as may be practicable after removal of the Contractor fix and determine ex-party or by or after reference to the parties or after such investigation or enquiries as he may consider fit to make or institute and shall certify what amount (if any) had at the time of rescission of the contract been reasonably earned by or would reasonably accrue to the Contractor in respect of the work then actually done by him under the contract and what was the value of any unused, or partially used materials, any constructional plant and any temporary works upon the site. The legitimate amount due to the Contractor after making necessary deductions and certified by the Engineer should be released expeditiously.

Settlement of disputes:

Conciliation of Disputes: All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract, shall be referred by the Contractor to the "Chief Engineer" or "Divisional Railway Manager" through "Notice of Dispute" provided that no such notice shall be served later than 30 days after the date of issue of Completion Certificate by the Engineer. Chief Engineer or Divisional Railway Manager shall, within 30 days after receipt of the Contractor's "Notice of Dispute", notify the name of conciliator(s) to the Contractor. The Conciliator(s) shall assist the parties to reach an amicable settlement in an independent and impartial manner within the terms of contract. If the parties reach agreement on a settlement of the dispute, they shall draw up and sign a written settlement agreement duly signed by Engineer In-charge, Contractor and conciliator(s). When the parties sign the settlement agreement, it shall be final and binding on the parties. The parties shall not initiate, during the conciliation proceedings, any arbitral or judicial proceedings in respect of a dispute that is the subject matter of the conciliation proceedings. The conciliation proceedings shall be terminated as per Section 76 of 'The Arbitration and Conciliation Act, 1996. 63.1 Matters Finally Determined by the Railway: All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract, shall be referred by the Contractor to the GM and the GM shall, within 120 days after receipt of the Contractor's representation, make and notify decisions on all matters referred to by the Contractor in writing provided that matters for which provision has been made in Clauses 7(j), 8, 18, 22(5), 39, 43(2), 45(i)(a), 55, 55-A(5), 57, 57A,61(1), 61(2) and 62(1) of Standard General Conditions of Contract or in any Clause (stated as excepted matter) of the Special Conditions of the Contract, shall be deemed as 'excepted matters' (matters not arbitrable) and decisions of the Railway authority, thereon shall be final and binding on the Contractor; provided further that 'excepted matters' shall stand specifically excluded from the purview of the Arbitration Clause.

Demand for Arbitration:

(i) In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account or as to the withholding by the Railway of any certificate to which the contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days, then and in any such case, but except in any of the excepted matters referred to in clause 63 of GCC, the contractor, after 120 days but within 180 days of his presenting his final claim on disputed matters, shall demand in writing that the dispute or difference be referred to arbitration.

Arbitration as a method of dispute resolution should not be routinely or automatically included in procurement contacts/tenders, especially in large contracts.

As a norm, arbitration as a method of dispute resolution may be restricted to disputes with a value less than Rs. 10 crore. This figure is with reference to the value of the dispute (not the value of the contract, which may be much higher).

Inclusion of arbitration clauses covering disputes with a value exceeding Rs. 10 crore, should be based on careful application of mind and recording of reasons and with the approval of an officer not below the rank of Senior Administrative Grade (SAG) or the Accepting Authority of the tender whichever is higher.

(a) The demand for arbitration shall specify the matters, which are in question or subject of the dispute or difference as also the amount of claim item-wise. Only such dispute(s) or difference(s) in respect of which the demand has been made, together with counter claims or set off shall be referred to arbitration and other matters shall not be included in the reference. (b) The parties may waive off the applicability of Sub Section 12(5) of Arbitration and Conciliation (Amendment) Act 2015, if they agree for such waiver in writing, after dispute having arisen between them.

(a)The Arbitration proceedings shall be assumed to have commenced from the day, a written and valid demand for arbitration is received by the Railway. (b)The claimant shall submit his claims stating the facts supporting the claims along with all relevant documents and the relief or remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral Tribunal. (c)The Railway shall submit its defence statement and counter claim(s), if any, within a period of 60 days of receipt of copy of claims from Tribunal thereafter, unless otherwise extension has been granted by Tribunal. (d)Place of Arbitration: The place of arbitration would be within the geographical limits of the Division of the Railway where the cause of action arose or the Headquarters of the concerned Railway or any other place with the written consent of both the parties.

No new claim shall be added during proceedings by either party. However, a party may amend or supplement the original claim or defence thereof during the course of arbitration proceedings subject to acceptance by Tribunal having due regard to the delay in making it.

If the contractor(s) do/does not prefer his/their specific and final claims in writing, within a period of 90 days of receiving the intimation from the Railways that the final bill is ready for payment, he/they will be deemed to have waived his/their claim(s) and the Railway shall be discharged and released of all liabilities under the contract in respect of these claims.

Obligation during pendency of arbitration. - Work under the contract shall, unless otherwise directed by the Engineer, continue during the arbitration proceedings, and no payment due or payable by the Railway shall be withheld on account of such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider and decide whether or not such work should continue during arbitration proceedings.

APPOINTMENT OF ARBITRATOR:

The Arbitral Tribunal shall consist of a panel of three arbitrators. General Manager/Additional General Manager will appoint two arbitrators, one railway nominee and other from among the contractor's nominee. Contractor can recommend his nominee either from approved panel of Railways or from approved panel of Indian Council of Arbitration (ICA) within 30 days from the date of dispatch of approval of written and valid acceptance of demand for arbitration by the General Manager/Additional General Manager.

If contractor wants to choose his nominee from Railway panel, the Railway will send a panel of at least four (4) names of retired Railway Officers empaneled to work as Arbitrator within 30 days from the day when a written and valid demand for arbitration is received by the General Manager/Additional General Manager. Contractor will be asked to suggest to General Manager/Additional General Manager at least 2 names out of the panel for appointment as Contractor's nominee within 30 days from the date of dispatch of the request by Railway. The General Manager/Additional General Manager shall appoint at least one out of them as the Contractor's nominee within 30 days from the receipt of the names of Contractor's nominees. The railway panel shall be provided free of cost to the contractor.

If contractor wants to choose his nominee from Indian Council of Arbitration panel, Contractor will send at least 2 names of Arbitrators from the ICA panel for appointment as Contactor's nominee within 30 days from the date of dispatch of the request by Railway. The General Manager/Additional General Manager shall appoint at least one out of them as the Contactor's nominee within 30 days from the receipt of the names of Contractor's nominees. Nomination and appointment of arbitrators from ICA panel shall be as per the ICA Rules for Domestic Commercial Arbitration and amended from time to time. Some general guidelines of ICA Rules for Domestic Commercial Arbitration are as under:- i. Contractor may access the ICA's panel of arbitration through ICA's official webpage: https ://icaindia.co.in/pdf/Engineers.pdf. ii. A formal request for nomination shall be submitted to ICA, accompanied by:- a. A brief Statement of Claim outlining the nature and quantum of the disputes. b. A copy of the relevant contract and any supporting documents. c. A copy of the notice intimating the other party of the initiation of arbitration proceedings, with proof of delivery (if any). iii. Ad-hoc appointment fees for the nomination and appointment of arbitrators shall be as per the ICA Rules for Domestic Commercial Arbitration and revised from time to time and shall be submitted along with the request.

The serving railway officer working in arbitral tribunal in the ongoing arbitration cases as per clause 64.(3)(a)(i) and clause 64.(3)(a)(ii) above, can continue as arbitrator in the tribunal even after his retirement.

(I) If one or more of the arbitrators appointed as above refuses to act as arbitrator, withdraws from his office as arbitrator, or vacates his/their office/offices or is/are unable or unwilling to perform his functions as arbitrator for any reason whatsoever or dies or in the opinion of the General Manager/Additional General Manager fails to act without undue delay, the General Manager/Additional General Manager shall appoint new arbitrator/arbitrators to act in his/their place in the same manner in which the earlier arbitrator/arbitrators had been appointed. Such re-constituted Tribunal may, at its discretion, proceed with the reference from the stage at which it was left by the previous arbitrator (s). (II) The Arbitral Tribunal shall have power to call for such evidence by way of affidavits or otherwise as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties hereto to do or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award without any delay. The Arbitral Tribunal should record day-to-day proceedings. The proceedings shall normally be conducted on the basis of documents and written statements.

(i) Qualification of Railway Empaneled Arbitrator (s): (a) Retired Railway Officers not below SA Grade level, one year after his date of retirement. (b) Age of arbitrator at the time of appointment shall be below 70 years. (c) Persons not involved in any current vigilance/CBl cases or against whom disciplinary or prosecution proceedings are not in process. (d) Persons who had not been imposed a major penalty or two or more minor penalties or against whom administrative action has not been taken three times or more or (e) Persons who have not been imposed one minor Penalty and against whom two administrative actions have not been taken as a result of vigilance/CBl action while in service on Railways. (ii) An arbitrator may be appointed non withstanding the total number of arbitration cases in which he has been appointed in the past. (iii) While appointing arbitrator(s) under Sub-Clause 64(3)(a), 64. (3)(a)(i),64.(3)(a[ii) & 64.(3)b) above, due care shall be taken that he/they is/are not the one/those who had an opportunity to deal with the matters to which the contract relates or who in the course of his/their duties as Railway servant(s) expressed views on all or any of the matters under dispute or differences. A certification to this effect as per annexure- XVI shall be taken from Arbitrators also. The proceedings of the Arbitral tribunal or the award made by such Tribunal will, however, not be invalid merely for the reason that one or more arbitrator had, in the course of his service, opportunity to deal with the matters to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute.

(i) The arbitral award shall state item-wise, the sum and reasons upon which it is based. The analysis and reasons shall be detailed enough so that the award could be inferred therefrom. (ii) A party may apply for corrections of any computational errors, any typographical or clerical errors or any other error of similar nature occurring in the award of a Tribunal and interpretation of a specific point of award to Tribunal within 60 days of receipt of the award. (iii) A party may apply to tribunal within 60 days of receipt of award to make an additional award as to claims presented in the arbitral proceedings but omitted from the arbitral award.

Any ruling on award shall be made by a majority of members of Tribunal. In the absence of such a majority, the views of the Presiding Arbitrator shall prevail. Where the arbitral award is for the payment of money, no interest shall be payable on whole or any part of the money for any period till the date on which the award is made. The cost of arbitration shall be borne by the respective parties. If all the three arbitrators are selected from the Railway Panel, the fee of the arbitrators shall be determined as per the rates fixed/revised by Railway Board from time to time and the fee shall be borne equally by both the parties, provided parties sign an agreement in the format given at Annexure XV to these conditions after/ while referring these disputes to Arbitration. However, if any of the three arbitrators is selected from the Panel of lndian Council of Arbitration (ICA), the fee of the arbitrators shall be determined as per the rates fixed/revised by the Indian Council of Arbitration from time to time and the fee shall be borne equally by both the parties, provided parties sign an agreement in the format given at Annexure XV to these conditions after/ while referring these disputes to Arbitration. Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996 and the rules there under and any statutory modifications thereof shall apply to the arbitration proceedings under this clause. Reference as per IR GCC-2022 and correction slip no.10 vide Rly Bd's Lt No.2022/CE- I/Ct/GCC-2022/POLICY DT:04.03.2025

Details of employees engaged by the contractor Before commencing the work, contractor shall submit a list of his employees as would be engaged by him for this work with details of names, address, phone no., age, marital status, election ID no. etc. Moreover, police verification of each and every staff/supervisor/supervisor-in-charge to be engaged for this work must be got done by the contractor at his own cost and one copy of the police verification certificate must be submitted to SSE/consignee or in Production office along with the details of the employee before starting the work.

Contractor will nominate a representative/supervisor-in-charge who will maintain liaison with the Railways, nominated representative regarding carrying out cleaning activities of specified areas, liaison with Railways etc.

As per Commercial Circular No 13/2025 dt 17/07/2025 and Railway board's letter no 2023/Sec (CCB)/Contractual Labour dated 20.08.2025 Contractor should issue Identity cards with following details (to be displayed on scanning QR Code) a) Name & address of the staff, b) Aadhaar No, c) Medical fitness certificate & date of validity. d)Police verification date & validity. e) Unit of deployment f) Name of the Contractor. B) Identity Cards shall be signed by the DY.CME(P)/KGPW or authorized official. C) Identity Cards shall be issued in the name of deployed staff only after due process. Identity Cards are to be issued for total number of deployed staff permitted for the unit plus a certain number of reserve staff to manage the work in case of leave /non -turn up. D) No Contractual staff shall be allowed to enter in Workshop premises without prominent display of this identity Card. E) In case a staff leaves the job, He/she must surrender the Identity card with the concerned Contractor .Accordingly the Contractor shall request the Railway administration for issue of Identity Card in the name of the new staff on surrender of the Identity Card of the staff leaving the job. F)Records of all contractual staff shall be kept in a defined register at the working place where the staff is deployed. with provision hanging over neck to all his labour being engaged to carry out the Work, including the Supervisor. These identity cards should be so carried that Railway Security can identify them. The Identity cards should be hanged over the neck by the contractors labour every time, during their presence on Railway Premises.

The contractor shall ensure that his men wear Uniform with distinguished logo and identification with Cap, Shoes, and Hand Gloves at all the times while working.

The quality of work will be closely monitored and shall be inspected daily by Railway Authority. The contractor will not employ any unethical practices to compromise the quality of work. Contractor or his men will not use any such means, which will affect the quality of work and may cause damage to Railway property due to such practice, for which contractor will be solely responsible. If any such incident takes place and the Contractor is found responsible, Railways will reserve the right to terminate the Contract immediately.

Railway representatives may check the attendance register of the man deployed by contractor on daily basis to ensure proper deployment before commencement of work by contractor. The attendance shall be recorded in a register maintained by the contractor supervisory staff and the contractors men shall have to sign on a daily basis. Such records to be produced on demand by railways authorized representative.

The submission of a Tender by a tenderer(s) shall be deemed to imply and will be considered as he has read, understood, and abided by ALL the terms and conditions, specifications, rules/Laws stated therein.

Dispute: Any dispute arising out of the interpretation of Drawings, specifications, or any terms and conditions including special conditions of the contract or arising during the execution of the work/contract, shall be settled by Railways, and Railways decision shall be final and binding on the contractor/tenderer(s)

Adherence to Specifications: - The whole of the works shall be executed in perfect conformity with the specifications, scope of work, and special terms and conditions of contract. If Contractor performs any works in a manner contrary to the specifications or any of them and without such reference to the DY.CME(P)/KGPW, he shall bear all the costs arising or ensuing therefrom and shall be responsible for all losses of the Railway.

Damage from Accidents: The Contractor shall take all precautions against damages from accidents. No compensation will be allowed to the Contractor for his staff, tools, plants, materials, machines, and other equipment lost or damaged by any cause whatsoever. The Contractor shall be liable to make good the damages. No claims in this regard will be arbitral.

Dispute in specification: Any dispute arising out of the interpretation of Drawings, specifications or any terms and conditions including special condition of the contract or arising during the execution of the work/contract, shall be settled by Railways and his decision shall be final and binding on the contractor/tenderer(s).

Supply of Water and Electricity: Water required for the work will be provided by the Railway free of cost through taps available and contractor has to take all possible care to avoid any wastage of water. Provision of Electricity as per GCC.

Liquidated damages clause: As per latest GCC.

Extension Clause: If such failures as aforesaid arise from any cause which Railway Administration may admit as being a reasonable ground for extension of time, DY.CME(P)/KGPW, may allow such additional time as he may consider to be reasonable for completion of work. The contractor will not be entitled to any compensation; however the decision of DY.CME(P)/KGPW in this respect shall be final and binding.

Payment terms: - The standard payment terms subject to recoveries of any amount under the liquidated damages clause of contract will be as per latest rules. Payment as above shall be subject to any deductions of any amount for which the contractor is liable under the contract against this tender including penalty as specified in penalty clause or any other contract in respect of which the President of India is the contracting authority.

Terms of Payment: 100% payment will be arranged through EFT system as per the enclosed mandate format. The firm is advised to submit the format duly filled in the Bank details and payment will be made after filling the measurement book. The contractor should submit bills for Labour charges and the cost of wheel set inspection after each service. The Tenderer shall submit a certified copy of tax submitted as per prevailing rates on the bill value is recoverable from the contract bills, if required.

TERMINATION OF CONTRACT: As per latest GCC with all of its correction slips to be followed.

EXTENSION OF TIME FOR COMPLETION OF CONTRACT: The contract for the entire work will be valid for a period of 12 months from the date of issue of letter of acceptance. However, extension of the contract either on Railway's account or on contractor's account or any tender conditions will be dealt with as per general condition of the contract of S.E.Railway 2022 or latest with all correction slips.

The option of payment through LC has been enabled for all tenders published after 06.06.2018 18.00 Hrs whose value is equal to or greater than Rs.10 Lacs. Please publish this tender only after ensuring that the tender conditions have been modified in accordance with board's letter no. 2018/CE-I/CT/9 dated 04.06.2018.

Generation of Bank Guarantee Advice message to the advising Bank Branch (Beneficiary Bank Branch) through SFMS, only after which the paper Bank Guarantee would become operative.

Without submission of Allowed Mandatory documents would lead to rejection of bids.

It shall not be obligatory on the said authority to accept the lowest tender and no tenderer(s) shall demand any explanation for the cause of rejection of his/their tender

Order of Precedence of Documents: In a tender/contract, in case of any difference, contradiction, discrepancy, with regard to conditions of tender/contract, specifications, drawings, bill of quantities etc., forming part of the tender/contract, the following shall be the order of precedence: i. Letter of Award ii. Scope of work iii. Special Terms and Conditions iv. Technical Specifications as given in tender documents v. Schedule of Items, Rates & Quantities vi. Drawings vii. Indian Railways Standard General Conditions of Contract updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents

Should a tenderer find discrepancies in or omissions from the drawings or any of the tender forms or should be in doubt as to their meaning, he should at once notify the authority inviting tenders who may issue a corrigendum. It shall be understood that every endeavor has been made to avoid any error which can materially affect the basis of the tender and the successful tenders 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