Annual Maintenance Contract (AMC) with OEM's authorized dealer M/s. JN Machineries Pvt. Ltd. for CUMMINS Engines and its components fitted in Track Machines including supply of spares and repair / servicing for two financial years 2026-27 and 2027-28

The Tenderer must submit Authorization Certificate from the OEM for CUMMINS Engines with validity of authorization to cover the entire period of proposed AMC. In case, if the validity of authorization does not cover the entire period of proposed AMC, the authorized dealer should submit an undertaking along with the offer to the effect that necessary extension of the validity of the authorization would be ensured before the expiry of current validity.

I/we the tenderer (s) am/are signing this document after carefully reading the contents.

I/We the tenderer(s) also accept all the conditions of the tender and have signed all the pages in confirmation thereof.

I/we hereby declare that I/we have downloaded the tender documents from Indian Railway website www.ireps.gov.in . I/we have verified the content of the document from the website and there is no addition, no deletion or no alteration to the content of the tender document. In case of any discrepancy noticed at any stage i.e. evaluation of tenders, execution of work or final payment of the contract, the master copy available with the railway Administration shall be final and binding upon me/us.

I/we declare and certify that I/we have not made any misleading or false representation in the forms, statements and attachments in proof of the qualification requirements.

I/We also understand that my/our offer will be evaluated based on the documents/credentials submitted along with the offer and same shall be binding upon me/us.

I/We declare that the information and documents submitted along with the tender by me/us are correct and I/we are fully responsible for the correctness of the information and documents, submitted by us.

I/we certify that I/we the tenderer(s) is/are not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of submission of bids, either in individual capacity or as a HUF/ member of the partnership firm/LLP/JV/Society/Trust.

I/we understand that if the contents of the certificate submitted by us are found to be forged/false at any time during process for evaluation of tenders, it shall lead to forfeiture of the Bid Security and may also lead to any other action provided in the contract including banning of business for a period of upto two year. Further, I/we and all my/our constituents understand that my/our offer shall be summarily rejected.

I/we also understand that if the contents of the certificate submitted by us are found to be false/forged at any time after the award of the contract, it will lead to termination of the contract, along with forfeiture of Bid Security/Security Deposit and Performance guarantee and may also lead to any other action provided in the contract including banning of business for a period of upto two year.

I/We have read the clause regarding restriction on procurement from a bidder of a country which shares a land border with India and certify that I am/We are not from such a country or, if from such a country, have been registered with the competent Authority. I/We hereby certify that I/we fulfil all the requirements in this regard and am/are eligible to be considered (evidence of valid registration by the competent authority is enclosed)

The Bidder is exempted from depositing Bid Security (Earnest Money) & Security Deposit (SD) as per the provisions contained in Railway Board Letter No. F(X)-II-99/PW/3, Dated 20.10.1999 and Item No.31(G) of Model SOP-2018 on Works Matters. The Bidder shall submit the Bid Security Declaration as per Annexure-II along with offer.

Performance Guarantee: The successful Bidder shall have to submit a Performance Guarantee (PG) valuing 5% of the contract value, within 30 (thirty) days from the date of issue of Letter of Acceptance (LOA), as per Clause-4.11 of GCC for Services-2018 as amended vide Railway Board Letter No. 2017/EnHM/25/11, Dated 24.05.2024.

Please enter the percentage of local content in the material being offered. Please enter 0 for fully imported items, and 100 for fully indigenous items. The definition and calculation of local content shall be in accordance with the Make in India policy as incorporated in the tender conditions.

The Instructions to Tenderers (ITT) attached under documents shall be read in conjunction with the Indian Railways General Conditions of Contract (GCC) for Services-2018, as amended from time to time and corrected up to date. These shall be subject to modifications, additions or suppression by Special Conditions of Contract and/or Special Specifications, if any, annexed to the Bid Forms.

Bid (Tender) Forms shall embody the contents of the contract documents either directly or by reference and shall be as per specimen form in Annexure-I. E-Tender Forms shall be issued free of cost to all Bidders.

Care in Submission of Bids:

Before submitting a Bid, the Bidder shall be deemed to have satisfied himself/herself by actual inspection of the site and locality of the services, that all conditions liable to be encountered during the delivery of the services are taken into account and that the rates he/she enters in the Bid forms are adequate and all-inclusive to accord with the provisions in Clause-4.42 of the General Conditions of Contract (GCC) for Services-2018, for the delivery of services to the entire satisfaction of the Manager.

When the service is bided for, by a firm or a company of contractors, the Bid shall be signed by the individual legally authorized to enter into commitments on their behalf.

Railway shall not be bound by any power of attorney granted by the Bidder or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however, recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

General Details of the Bidder as per Annexure-III along with applicable supporting documents such as Authorized Dealership Certificate, Incorporation Certificate, MOA & AOA, Power of Attorney, Board Resolution, PAN Card, GST Registration Certificate, NEFT Mandate Form, Bid Security Declaration, etc. shall be uploaded by the Bidder along with the Bid Form.

In terms of Clause-2.6.2.1.3 of GCC for Services-2018 as amended by ACS No.2 circulated vide Railway Board Letter No. 2017/EnHM/25/11, Dated 01.07.2020, the bidders shall be required to submit an undertaking certifying the truthfulness of all the documents submitted / uploaded along with the tender. This shall be mandatory for all the bidders. In case of failure of the bidder to submit the undertaking, their offer shall be summarily rejected. On IREPS module, a facility has already been created for online submission of the above said undertaking and uploading of physically signed copy of undertaking is discontinued.

Execution of Contract Document: The Bidder whose bid is accepted shall be required to appear in person at the office of concerned Manager, as the case may be, or if a firm or corporation, a duly authorized representative shall so appear and execute the contract document within 7 days after receipt of notice issued by the Railway that such documents are ready; and failure to do so shall constitute a breach of the agreement affected by the acceptance of the bid in which case the Railway may determine that such Bidder has abandoned the contract and there upon his/her bid and acceptance thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of the Earnest Money of the Bid and performance guarantees for the bid available with the Railway.

Variation in quantities: Unless otherwise specified in the special conditions of the contract, the accepted variation in quantity of each individual item of the contract would be up to 25% of the quantity originally contracted. The contractor shall be bound to carry out the service at the agreed rates and shall not be entitled to any claim or any compensation whatsoever up to the limit of 25% variation in quantity of individual item of services. 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.

Force Majeure Clause: If at any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract shall be prevented or delayed by reason of any war, hostility, acts of public enemy, civil commotion, sabotage, serious loss or damage by fire, explosions, epidemics, strikes, lockouts or acts of God (hereinafter, referred to events) provided, notice of the happening of any such event is given by either party to the other within 7 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/ services under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist, and the decision of the Manager as to whether the works/ services 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.

Price Variation Clause: The Price Variation Clause (PVC) as per Indian Railways General Conditions of Contract (GCC) for Services-2018, shall not be applicable to this Annual Maintenance Contract (AMC) as per Railway Board Letter No. 2013/CE-I/CT/O/10/PVC/Pt.1, dated 27.01.2015.