Supply and filling of Clean Dry Silica Sand, Free from Clay, Loams, Mica and other foreign material, As per Specification No. AAR M-916-51 to be used in all class of Electric locomotive at SRC & ADL Station Yd Round the Clock for a period of Two (02) years.

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 Crore of Rupees. N= Number 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.

The balance sheet and all other financial documents attested/certified by CAs to substantiate fulfilment of Financial Eligibility Criteria should be with UDIN, failing which the offer is likely to be rejected without any further reference.

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: Three similar works** each costing not less than the amount equal to 30% of advertised value of the tender, or Two similar works** each costing not less than the amount equal to 40% of advertised value of the tender, or One similar work** each costing not less than the amount equal to 60% of advertised value of the tender.

**Similar works means : "Tenderers having executed the work of Supply of dry screen sand including Transportation, Loading, Unloading and Sand Screening, Treating, Packing of Sand in recyclable poly bags and filling of treated sand in Elect. Locomotive/Diesel Locomotives OR Supply of dry screened sand for civil engineering works in Indian Railways, Govt./Public sector undertakings ".

Indian Railways latest Standard General Conditions of Contract with upto date correction slip is applicable for this tenders

In case there is any change in GST Tax Structure till the date of completion of work or any error noticed in the calculation of amount payable/recoverable till the release of the final bill amount to contractor, the same shall be paid by the Railway or recover from the contractors bill /security deposit or any other dues of the contractor with the Government of India

The scope of work may be increased/decreased as per requirement of Railway.

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

I/ We have visited the works site and I / We am / are aware of the site conditions.

No compensation towards any accident whatsoever will be paid by the railway

The intending Tenderer should posses valid Contractors License/Trade License issued by Govt.Licensing Authorities.

Mandate form to be submitted as per the format enclosed with this tender document duly verified from the bank

PAN details should be attached

The tenderer must upload a copy of GSTIN Registration No. with the tender document

The tenderer must upload a copy of ESIC & EPF registration no with the tender document

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.

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

The Contractor shall submit their (1)official address, (2)e-mail address, (3)telephone no. (4) mobile no. and fax no. (5)GSTIN so that necessary communication can be made by the Railways as and when required

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, specification, rules/Laws stated therein.

Income Tax Clearance Certificate: The tenderer(s) is/are required to produce along with his/their tender an authorized copy of the Income Tax Clearance Certificate or a sworn affidavit duly countersigned by the Income Tax Officer to the effect that he/they have no taxable income.

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.

Rates quoted should be inclusive of all taxes including GST(Goods and Service Tax)as applicable (as per extant rule). The tenderer must upload a copy of GSTIN Registration No. with the tender document

In case the successful tenderer is not liable to be registered under CGST/IGST/UTGST/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.

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 should not be clubbed together and must be paid separately through online gateway facility provided (www.ireps.gov.in portal only) within stipulated date and time of tender closing. IREPS website should be monitored for any update or changes . Non- compliance with any of the conditions set forth therein above is liable to result in the tender being rejected

Maximum size of a single attached document in (scanned PDF format only)will be limited to 1(one) mega byte(MB).

Should a tenderer find the 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.

The contractor (where applicable) has to be registered/process(within one week of LOA) for Employee State Insurance Corporation (ESIC) along with Labour Identification Number (LIN) and Universal Account Number (UAN) of EPFO for all the labours & supervisors employed in this contact for their social security. Railway will pay the amount as notified in the tender schedule after submission of documents. No additional amount will be paid for processing or registration fees. Agencies/Contractor should quote the rate keeping all theses in mind. The above registration can also be done through the online portal www.shramsuvidha.gov.in

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.

Offers shall be deemed to be under consideration immediately after they are opened and until the official intimation of award of contract is made by the Railways to the tenderer. If necessary, the Railways will obtain clarification on the offers by requesting for such information from any or all the tenderer, in writing as may be considered necessary. Tenderer will not be permitted to change the substance of their offers after the offers have been opened.

Execution Co-Relation And Intent Of Contract Documents :

Execution Co-Relation And Intent Of Contract Documents : The contract documents shall be signed in triplicate by the Railway and the Contractor. The contract documents are complementary and what is called for by anyone shall be as binding as if called for by all, the intention of the documents is to include all labour and materials, equipments and transportation necessary for proper execution of work. Materials or works not covered by or properly inferable from any heading or class of the specifications shall not be supplied by the Railway to the Contractors unless distinctly specified in the contract documents. Materials or works described in words which so applied have a well-known technical or trade meaning, shall be held to refer to such recognized standards.

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

Compliance To 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 bye-laws as aforesaid and to pay all fees and taxes payable to any authority in respect thereof.

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 or e-mail on registered e-mail IDs i.e. the e mail id provided for correspondence in the contract agreement, otherwise email id registered with IREPS and no notice, communication, reference or complaint not in writing or through e-mail, 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 authorized agent or left at or posted to the address so given and shall be deemed to have been so given in the case of posting on day on which they would have reached such address in the ordinary course of post/ e-mail or on the day on which they were so delivered or left. In the case of contract by partners, any change in the constitution of the firm shall be forthwith notified by the Contractor to the Engineer.

Bid Security :

The tenderer shall be required to submit the Bid Security 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 tender. The Bid Security shall be as under: Value of the Work A) For all works - Bid Security 2% of the estimated cost of the work Note: (i) The Bid Security shall be rounded off to the nearest 100. This Bid Security shall be applicable for all modes of tendering. (ii) Any firm recognized by Department of Industrial Policy and Promotion (DIPP) as 'Startups' shall be exempted from payment of Bid Security detailed above. (iii) Labour Cooperative Societies shall submit only 50% of above Bid Security detailed above.

It shall be understood that the tender documents have been issued to the tenderer and the tenderer is permitted to tender in consideration of 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.

If his tender is accepted, this Bid Security mentioned in sub para (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 Bid Security 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.

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- VIA and shall be valid for a period of 90days beyond the bid validity period.

In case, submission of Bid Security in the form of Bank Guarantee, following shall be ensured: i. A scanned copy of the Bank Guarantee shall be uploaded on e- Procurement Portal (IREPS) while applying to the tender. ii. The original Bank Guarantee should be delivered in person to the official nominated as indicated in the tender document (i.e. Sr.DEE/OP/KGP) before closing date for submission of bids (Le. excluding the last date of submission of bids) iii. Non submission of scanned copy of Bank Guarantee with the bid on e-tendering portal (IREPS) and/or non submission of original Bank Guarantee within the specified period shall lead to summary rejection of bid. iv. The Tender Security shall remain valid for a period of 90 days beyond the validity period for the Tender. v. The details of the BG, 4.4.1 physically submitted should match with the details available in the scanned copy and the data entered during bid submission time, failing which the bid will be rejected vi. The Bank Guarantee shall be placed in an envelope, which shall be sealed. The envelope shall clearly bear the identification "Bid for the ***** Project" and shall clearly indicate the name and address of the Bidder. In addition, the Bid Due Date should be indicated on the right hand top corner of the envelope. vii. The envelope shall be addressed to the officer and address as mentioned in the tender document. viii. If the envelope is not sealed and marked as instructed above, the Railway assumes no responsibility for the misplacement or premature opening of the contents of the Bid submitted and consequent losses, if any, suffered by the Bidder.

SECURITY DEPOSIT

The Security Deposit shall be 5% of the contract value. The Bid Security submitted by the Contractor with his tender will be retained/encashed by the Railways as part of security for the due and faithful fulfillment of the contract by the Contractor. Provided further that, if Contractor submits the Cash or Term Deposit Receipt issued from a Scheduled commercial bank of India or irrevocable Bank Guarantee Bond from a Scheduled commercial bank of India, either towards the Full Security Depositor the Part Security Deposit equal to or more than Bid Security, the Railway shall return the Bid Security, to the Contractor. Balance of Security Deposit may be deposited by the Contractor in cash or Term Deposit Receipt issued from Scheduled commercial bank of India or irrevocable Bank Guarantee bond issued from Scheduled commercial bank of India, or may be recovered at the rate of 6% of the bill amount till the full Security Deposit is recovered. Provided also that in case of defaulting Contractor, the Railway may retain any amount due for payment to the Contractor on the pending "on account bills" so that the amounts so retained (including amount guaranteed through Performance Guarantee) 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) 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), in case applicable.

Forfeiture of Security Deposit: Whenever the contract is rescinded as a whole under clause 62 (1) of these conditions, 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 these conditions, 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 16.(4)(b) of this clause will be payable with interest accrued thereon.

Performance Guarantee : The procedure for obtaining Performance Guarantee is outlined below: (a) The successful bidder shall have to submit a Performance Guarantee (PG) within 21 (Twenty one) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 21 (Twenty one) days and upto 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 12% per annum shall be charged for the delay beyond 21(Twenty one) days, i.e. from 22ndday after the date of issue of LOA. Further, if the 60thday 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 Startup 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.

(A) The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% of the original contract value and Additional Performance Guarantee as per clause 16(4)(h) of GCC in any of the following:- (i) A deposit of Cash; (ii) Irrevocable Bank Guarantee; (iii) Insurance Surety Bond as per Annexure-XVII of GCC Note:- In case of extension of Date of Completion selected bidder needs to submit extended Insurance Surety Bond/Fresh Insurance Surety Bond/fresh Performance Security, in any form as given above, before expiry of ex existing Insurance Surety Bond. (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. (B) The Performance Guarantee shall be submitted by the successful bidder after the Letter of Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G. shall be initially valid upto the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work gets extended, the Contractor shall get the validity of P.G. extended to cover such extended time for completion of work plus 5.5.1 60 days. (C) 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. (D) 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. (E) Whenever the contract is rescinded, the Performance Guarantee already submitted for the contract shall be encashed. (F) 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. (H) If a tender is accepted on the quoted rates of bidder which is below the advertised tender value, an additional performance security shall be submitted by the bidder as below: Bid Quoted in % of advertised cost [Below 0 - 5% (inclusive)] - Additional Performance Guarantee (%) [NIL] Bid Quoted in % of advertised cost [Below 5%] - Additional Performance Guarantee (%) [5%]

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 nature 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 as reasonable compensation to be applied to the actual loss or damage sustained, and whether or not any damage shall have been sustained.

Acceptance of tender: The Railways may accept the tender for a part of the quantity offered, reject any tender without assigning any reason whatsoever and may not accept the lowest or any tender. Acceptance of tender will be communicated by a formal acceptance letter of the tender direct to the contractor, which may be deemed to conclude the contract

The authority for the acceptance of the tender will rest with the South Eastern 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.

Postponement: The successful tender(s)/Contractor(s) shall have no claim whatsoever against the Railways if the work is postponed to a later date, closed down for completion over a longer period, suspended the course of execution or abandoned either in part or whole in the over all interest of the Railway Administration or for any reason beyond the control of Railways/Administration. The decision of the Railways in this regard shall be final and binding on tenderer(s)/Contractor(s) and Railways in no way be responsible for compensating for the same.

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

Commencement Of Works :The Contractor shall commence the works within 15 days (or as mentioned in the LOA/WO) 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 To Engineer's Instructions :TThe Engineer shall direct the sequence 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.

Illegal Gratification :

Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the Contractor or his partner or agent or servant or anyone on his behalf, to any officer or employee of the Railway or to any person on his behalf in relation to obtaining or execution of this or any other contract with the Railway shall, in addition to any criminal liability which he may incur, subject 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 the Contractor's bills/Security Deposit or any other dues of Contractor with the Government of India.

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 of any such offence 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 upto the date of rescission.

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 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 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 GCC April 2022 50 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.

Agreement: The successful tenderer(s) shall be required to execute an agreement with the President of India acting through Sr.divisional electrical Engineer/ OP/Kharagpur of South Eastern Railway for carrying out the work according to General Conditions of contract as amended/corrected up to correction slip Successful tenderer(s) shall have to execute Agreement in the standard form within 07 days after receipt of notice issued by the Railway that such documents are ready. If the tenderer(s) fails or refuses to enter into such agreement after having been informed in writing, the Railways shall be entitled to forfeit the earnest money and the work will be executed without his risk and cost.

For transportation of plants,equipments and materials required for the work the contractor/s will make his/their own arrangements either by Road Transport or any other transport.The Railway Administration will not take any responsibility whatsoever and no separate charges will be paid for carriage of materials and transportation of plants and equipments.

Labour Laws:- Violation of labour Laws and other important legislations/ provisions passed in favour of labours is not acceptable and any offer received which are violating such Laws/ Legislations/ Provisions will summarily be rejected. Thus it is advised that theContractor must strictly adhere to all the Labor Laws like Payment of wages act-1936, Minimum Wages Act-1946, Contract Labour (Regular and Abolition) Act-1970, The Employees Compensation Act-1923, Hours of employment Act, Employee state Insurance(ESI) act-1948, Employees Provident Fund & Miscellaneous Provisions Act-1952 which have amended from time to time.

Non-employment of CHILD LABOURERS: The Contractor shall not employ children below the age of 18 years OR MENTALLY SICK PERSONS as Labourers directly or through petty contractors or sub-contractors for the execution of work. Non- employment of female Labour: The Contractor shall not deploy any female staff at night time.

The contractor has to provide/engage Labours (Skilled/Semi Skilled/ Unskilled) and supervisor as per requirement at site or as advised by the consignee/ Railway railway representative. Minimum Wages, ESI and EPF for all the staff has to be paid regularly without any excuse.

Wages to Labour:-The Contractor has to pay all the labours employed directly by him or through petty Contractors or sub Contractors as per the latest minimum wages issued by Chief Labour Commissioner (C), New Delhi, Ministry of Labour and Employment, Govt of India directly to their individual bank accounts monthly. No cash payment is allowed. The contractor while submitting the on account bill for a particular month or final bill shall enclose the photocopy of the bank statement showing that payment has been made directly to bank account of the labours in the previous month. The payment of the contractor will not be released on failure to submit the bank statements for each and every labour.

The latest Minimum wages for different types of worker and different area notified by Chief Labour Commissioner (C), NEW DELHI, MINISTRY OF LABOUR, GOVT OF INDIA is also available at http://labour.gov.in/minimum-wages-central-sphere or http://training.shramsuvidha.gov.in/UserKnowMinimumWage/minimumwage_search The labours deployed by the contractor for the entire work must have individual Bank account in their own name. The payment to the labours shall be made as per the latest minimum wages through bank accounts of the individual labour only and not in cash.

The summary of payment slip submitted by contractor, salary credited to individual bank account of labours, ESI and EPFO contribution statement all must be matched. Any deviation will not be tolerated and payment will not be processed till clarification and settlement.

Adequate safety precautions are to be taken by the Contractor to ensure safety of workmen engaged by him. Contractor should give necessary safety training related to the work. The contractor Labours/supervisor should be cautioned/vigilant about the movement of train and High voltage Over head equipment (OHE) while working in Railway sheds, yards and stations. The contractor must take utmost care to ensure that no damage to the Railway staff and property takes place due to any act of his workmen,while carrying out the work under this contract.

Reporting of Accidents to Labour: 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. Adequate safety precautions are to be taken and training to be given to all the workers for maintaining all safety practices at workplace. Contractor 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 arrangements to render all possible assistance

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.

Provision of Workmens Compensation Act: - In every case in which by virtue of the provisions of Section 12 Sub-Section (1) of the Workmen's Compensation Act 1923, Railway is obliged to pay compensation to a workman directly or through petty Contractor or subcontractor 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 from Contractor's bills/Security Deposit or any other dues of Contractor with the Government of India. 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 Railway might become liable in consequence of contesting such claim.

If any moneys shall, as a result of any claim or application made under the said acts/Labour Laws before any Tribunal or Commissioner Or Court and directed to be paid by the Railway, such money shall be deemed to be moneys payable to the Railway by the Contractor and on failure by the Contractor to repay the Railway any moneys paid by it as aforesaid within seven days after the same shall have been demanded, the Railway shall be entitled to recover the same from any moneys due or accruing to the Contractor under this or any other contract with the Railway.

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 GCC April 2022 83 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 certificate, inter alia, should mention that the work has been completed in all respects and that all the contractual obligations have been fulfilled by the Contractor and that there is no due from the Contractor to Railways against the contract concerned. The Engineer may also issue such a certificate indicating 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.

OTHER CONDITIONS: If there is any item, which is not, covered in this tender paper, terms & condition mentioned in General Conditions of Contract(GCC) applicable to works contract of S.E. Railway shall apply. In case there is any contradiction between special condition and general condition of contract, the special condition of contract shall prevail.

Adherence to Specifications: - The site and the detailed drawings shall be made available to the contractor commensurate with the accepted programme of work submitted under clause 19(3). The whole of the works shall be executed in perfect conformity with the specifications and drawings of the contract. If Contractor performs any works in a manner contrary to the specifications or drawings or any of them and without such reference to the Engineer, he shall bear all the costs arising or ensuing therefrom and shall be responsible for all loss to the Railway.

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 from whatsoever cause in connection with the works until they are taken over by the Railway, although all reasonable and proper precautions may have been taken by the Contractor. 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's Compensation Act or any statutory amendments thereof to any person or persons sustaining damages as aforesaid by reason 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 thereto, 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 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 in question by the Contractor.

Provision of Efficient and Competent Staff at Work Sites by the Contractor: - 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 sound & proper manner and shall employ only such supervisors, workmen & labourers in or about the execution of any of these works as are careful and skilled in the various trades. The Contractor shall at once remove from the works any agents, permitted subcontractor,supervisor, workman or labourer who shall be objected to by the Engineer and if and whenever required by the Engineer, he shall submit a correct return showing the names of all staff and workmen employed by him. In the event of the Engineer being of the opinion that the Contractor is not employing on the works a sufficient number of staff and workmen as is necessary for proper completion of the works within the time prescribed, the Contractor shall forthwith on receiving intimation to this effect deploy the additional number of staff and labour as specified by the Engineer within seven days of being so required and failure on the part of the Contractor to comply with such instructions will entitle the Railway to rescind the contract under Clause 62 of GCC.

Inspection Registers and Records: The Contractor shall maintain accurate records, plans and charts and the Engineer or his representative shall have access to this information at all times. Records of observations made shall be handed over to the Engineers representative. The Contractors representative will maintain the following registers at site. Site Order Register The Contractor shall promptly acknowledge orders given therein by Engineer or his representative and shall make all efforts to comply with them. The Contractor shall report to the Engineer the compliance so that it can be checked. Log Book of events All events are required to be chronologically logged in this book date and shift wise.

Attendance Register Railway representative will check the attendance register of the man deployed by contractor on daily basis to ensure proper execution of work. 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 record to be produced on demand by railways authorized representative while preparing bill for payment.

Damage from Accidents: No compensation due to any loss of life or loss of material or any other account will be given by the Railway Administration while carrying out the work by the contractor. 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.

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

Penalty: Penalty clauses shall be levied on the contractor for unsatisfactory performance of the work detailed which will be mentioned in Special conditions of contract.

Provisions of Payments of Wages Act: The Contractor shall comply with the provisions of the Payment of Wages Act, 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 sub-contractors shall supply any labour to be used wholly or partly under the direct orders and control of the Engineer whether in connection with the works to be executed hereunder or otherwise for the purpose of the Engineer. Such Labour shall nevertheless be deemed to comprise persons employed by the Contractor and any moneys which may be ordered to be paid by the Engineer shall be deemed to be moneys payable by the Engineer on behalf of the Contractor and the Engineer may on failure of the Contractor to repay such money to the Railways deduct the same from any moneys due to the Contractor in terms of the contract. The Railway shall be entitled to deduct from any moneys due to the Contractor (whether under this contract or any other contract) all moneys paid or payable by the Railway by way of compensation of aforesaid or for costs of expenses in connection with any claim thereto and the decision of the Engineer upon any question arising out of the effect or force of this clause shall be final and binding upon the Contractor.

Provisions of Contract Labour (Regulation and Abolition) Act, 1970:

The Contractor shall comply with the Provision of Contract Labour (Regulation and Abolition) Act, 1970 a n d t h e 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 license under the aforesaid Act as modified from time to time before the commencement of the work and continue to have a valid license until the completion of the work. Any failure to fulfill the requirement shall attract the penal provision of the Act.

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 to the contrary, cause to be paid the wages to Labour indirectly engaged on the works including any engaged 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 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 21 of the aforesaid Act except on the written request of the Contractor and upon his giving to the Railway full security for all costs for which the Railway might become liable in contesting such claim. The decision of the Railway regarding the amount actually recoverable from the Contractor as stated above, shall be final and binding on the Contractor.

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 police verification certificate must be submitted to SSE/consignee 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.

Contractor should issue Identity cards with provision of 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 neck by the contractors labour every time, during their presence on Railway Premises.

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.

As per Clause- 55 of the General Conditions Of Contract, with all correction slips upto date, the contractors who are working in the Establishment through contract Labour should get themselves registered wherever applicable with the Assistant Labour Commissioner, Central concerned as required under Contract Labour, Regulation and Abolition Act,1970 and the Contract Labour, Regulation and Abolition, Act 1971 and obtain a licence from the Assistant Labour Commissioner, Central concerned and produce the same to the Railway before signing of the agreement failing which the contract awarded will be terminated on the grounds that they have not complied with the legal provisions of the said act and earnest money forfeited.

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.

EPF and ESI registration would be mandatory wherever applicable and documents towards EPF and ESI registration shall be submitted before execution of the agreement failing which contract will be terminated. The labours deployed by the contractor for the entire work should have individual Bank account in the their own name. The payment to the labour by the contractor should as far as possible be made through bank accounts of the individual labour as per the latest minimum wages issued from Chief labour commissioner (C).

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

Right of Railway to Deal with Tenders: The Railway reserves the right of not to invite tenders for any of Railway work or works or to invite open or limited tenders and when tenders are called to accept a tender in whole or in part or reject any tender or all tenders without assigning reasons for any such action. In case if tender is accepted in part by Railway administration, Letter of Acceptance shall be issued as counter offer to the Tenderer, which shall be subject to acceptance by the Tenderer.