AMC for SIEMENS make SIV of WAG7 Electric locomotives of Diesel Loco Shed, Raipur for a period of 02 years, Qty:50 Locos

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Name of Work: AMC for SIEMENS make SIV of WAG7 Electric locomotives of Diesel Loco Shed, Raipur for a period of 02 years.Qty:50 Locos.

Consignee: Sr. Section Engineer (D)/ Raipur.

Quantity: 50 Locomotives.

Completion Period: 02 (Two) years from the date of issue of LOA and carried out in consultation with Sr.DME (D)/R and any information required by you in connection with the above work is to be obtained from him (or) his authorized representative at shed. But the railway administration shall be entitled to terminate the contract, at any time if in the opinion of the railway cessation of work become necessary, by giving notice to the contractor. The contractor is entitled for payment to the extent of work actually done to the railway. Notice in writing from the railway for such termination & reasons there for shall be conclusive evidence thereof.

The cost of travel and lodging and boarding of the service engineer is to be borne by the contractor and no extra payment or arrangement in this regard will be made by the railway.

While signing the contract papers, the tenderer should specify whether he is a sole proprietor or is he a partner or is he signing on behalf of the firm as an attorney (in the case of power of attorney, the copy in prescribed form should be submitted). In case of a partnership, a copy of the partnership deed should also be furnished for verification.

Inspection: The inspection of maintenance work done, shall be carried out by authorized representatives of Sr. DME (D)/R. They shall have free access to inspect the progress of work at any time with or without prior intimation to check the quality of work. A joint inspection shall be carried out during schedule maintenance of the service engineer after completion of work. A final joint inspection will be prepared and jointly signed by the authorized railway representative and tenderer. However, the decision taken by the Railway representative will be final and binding on the contractor. The contractor shall have to accept all reasonable suggestions that may be made by the Railway's authorized representative(s) during the progress of work, provided such suggestions do not involve any financial implication.

This contract shall be covered by "General Conditions of Contract (GCC) for Service 2018 " of Railway with the latest amendments. In executing this contract it would be deemed that the contractor has kept himself fully informed of the provisions of the GCC including all corrections and amendments. In the event of any conflict or inconsistency between General terms and Conditions of Contract and Special Terms and Conditions of Contract, the latter will prevail. The General Conditions of Contract (GCC) for Service 2018 may be accessed through the path from https://www.indianrailways.gov.in/railwayboard "About Indian R a i l w a y s Railway Board Directorates Transformation Cell Circulars Letter No. 2018/Trans. Cell/Mech./Service Contracts dated 20.03.2018 The General Conditions of Contract for Service.

No cost addition or alteration in respect of materials, tools, and transportation will be entertained during the currency period of the contract. SVC will only be acceptable on Taxes, Duties, etc which will be imposed by Central or State Govt. New/any variation during the execution period of the contract on production of valid documentary evidence regarding the increase in existing or newly imposed by Central or State Govt.

The Tenderer should carefully read all the conditions about the nature of work involved as per technical specifications and scope of work. Tenderers may contact representative of Sr.DME (D)/Raipur at mail id [email protected] for any clarifications if required. No excuses for delay of work on this account shall be entertained at latter stage. All decisions on behalf of the Railway Administration will be taken by Sr.DME (D)/Raipur.

Sr.DME (D)/Raipur reserves the right to reject/accept the whole or part of the offer or for the portion of the quantity indicated in the offer without assigning any reason thereupon and vary the quantity of work up to +25% and the right to open negotiations and to call for revised offers or to alter or to modify any of the conditions or to incorporate any new conditions as found necessary till the contract is finally executed.

The submission of the tender will be deemed to imply that the memorandum and all documents enclosed have been studied and understood, that the tenderer is aware of the full scope of the work to be done and the conditions affecting the execution. In token of this, the tenderer or his authorized representative signing the tender documents will be required to sign/initial on each page of the tender schedule at the bottom.

The quantities shown in the attached schedule are given as a guide and are approximate only and are subject to variation according to the needs of the Railway. The Railway does not also guarantee work under each item of the schedule.

Instruction to Tenderer:

Each employee of contractor shall have identity card signed by the contractor. The contractor's employee shall display the identity card by affixing it at a conspicuous place of his/her uniform while working in Railways premises.

The contractor shall be responsible for any damage to Railway materials, or accident/safety of his labour etc., during the course of work. The contractor shall submit a report immediately to the supervisor/in charge of DLS/Raipur in case any un-usual occurrence or loss /damage occurred during the course of work, by his men.

Whenever any work is to be carried out either on 25 KV OHE or in and around the OHE, the tenderer should work only after duly taking permit to work from Railways authorized representative.

If the loco is energized and the precautions as indicated by section in-charge should be strictly followed. No live parts of 25KV OHE are to be approached or coming in contact with stick, rods etc., which will endanger to men.

Contractor will co-operate with the consignee/authorized railway representative in maintaining register, charts and records etc. connected with the work and materials.

The contractor and Railway representative should maintain a register to record the details of equipment/spares, replaced during the execution of the contract.

Payment Terms:

The Payment shall be made as per SMI no. RDSO/2016/EL/SMI/0291(Rev '0'), Dated. 21.06.2016.

Bill will be certified by the nominated officer for completion of maintenance and calculation of penalties as per penalty clause, Conservancy Cess Charges and deduction of income tax as per special terms and condition of this tender. On account of penalty or non-performance of planned schedule maintenance, such dues, if any shall be deducted as above. Bills complete in all respects must be submitted to Sr. DME (D)/DLS/Raipur.

Bill in triplicate along with relevant documents, in Railways prescribed form and as per Railway's rules in force has to be prepared, which has to be signed by the contractor. Discrepancies, if any found on the Bill shall be notified to the contractor by Railways for rectification. Taxes as applicable at the time will be recovered from the bill. The contractor's bill duly signed & dated by the contractor for each on account payment will be submitted to Sr.DME (D)/DLS/Raipur.

Railway reserves the right to make any of the following deductions: Any statutory deduction as applicable as per the orders of the Govt. of India or the State Govt. Fines as per the terms of contract. Financial liability on the Railway due to defective work done by the contractor while executing this contract.

Contractor should submit the bills in GST format duly bi-furcating the work done and GST component.

GST as applicable will be paid /reimbursed as notified by the Government of India time to time on submission of proof for the same being deposited. The contractor shall be responsible for depositing GST (as applicable) and all legal obligations related to GST.

Sr.DME (D)/DLS/Raipur will be Bill passing officer and Sr.DFM/Raipur will be Bill Paying officer.

Payment will be made after producing authentic documentary evidence of GST amount paid.

Mode of Payment: Tenderer to give consent in a mandate form for receipt of payment through ECS/EFT. Tenderer to provide the details of Bank A/c in line with RBI guidelines for the same. These details will include Bank Name, Branch Name & address, account type, Bank A/c No. and Bank & Branch Code as appearing on MICR cheque issued by the bank. Tenderer to attach a certificate from their bank certifying the correctness of all the above-mentioned information (as mentioned in Para (ii) above). In case of non-payment through ECS/EFT or where ECS/EFT facility is not available, Payment will be released through cheque.

SAFETY MEASURES:

Whenever any work is to be carried out either on 25 KV OHE or in and around the OHE the tenderer should work only after duly taking permit to work from Railways.

If the loco is energized and the precautions as indicated by section in-charge should be strictly followed. No live parts of 25 KV OHE are to be approached or coming in contract with stick, rods etc., which will endanger to men.

All safety measures shall be taken to prevent accidents while executing the work either to his workmen or to the staff of DLS/Raipur. No compensation towards any accident will be paid by the Railways.

In event of any accident at the work spot, a departmental enquiry will be held by the Rly. If it is established that the accident accrued wholly or partially due to any act Tanta mounting to negligence on your part, you shall render yourself liable for all damages and also legal prosecution if loss of life/material is involved.However the maximum liability up to 10% of the contract value only as per RDSO SMI No: RDSO/2016/EL/SMI/0291 (Rev:0) Dated 21.6.2016.

If a tenderer expires after the submission of his tender or after the acceptance of his tender, the Railway shall deem such tender as 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.

The contractor shall take all pre-cautionary measures not only to ensure protection of his own personnel moving around or working on the Railway premises but also confirm to the rules and regulation of the Rlys in this respect. Information about OHE, safe distance, movement of locos in yards, movement of material by cranes are to be advised to the employees of contractor provided under this contract with precaution to be taken and their acknowledgement should be obtained by the contractor.

The contractor shall warn strictly all his workmen not to climb to the roof of loco on any situation/condition without the knowledge of Sr. Section Engineer, DLS/Raipur.

First aid facility: The contractor shall provide and maintain a first aid box so as to be readily accessible during all working hours. The First Aid box will be kept in a designated place only where DLS-R will provide.

SAFE WORKING METHOD: The contractor shall at all times adopt such safe method of work as well ensure safety of structure/ equipment and labour, if at any time. If the Railway finds the safety arrangements inadequate or unsafe, the contractor shall take immediate corrective action as directed by Railway's representative at site. Any direction in the matter shall in no way absolve the contractor of his sole responsibility to adopt safe working method.

The Contractor shall make his own security arrangements till the work is handed over to the Railways at his own cost.

No compensation towards any accident either to you or your representative or your labour will be paid by the Railway and you have to meet all the statutory obligations and liabilities in this regard. While working in track circuited areas, date should 17.11 be taken to ensure that no metal piece or rod is placed by the labour across the rails that the track circuit does not fail. The measuring instruments like track gauge and level etc. should all be insulated type.

Income Tax: In terms of Income-tax act 1961, as amended from time to time, the Railway administration shall at the time of arranging payment to the contractor for carrying out the work under this contract is entitled to deduct income tax at the prevailing rate. The Railway administration shall furnish a certificate to the extent of income tax deducted at source under this contract.

The contractor shall be responsible for the general conduct and discipline of his staff. Railway administration reserves its right to take necessary action as deemed fit in all cases of misconduct/indiscipline. The tenderer shall ensure good credentials of staff engaged for this work in the shed. If any staff of the tenderer is found in misconduct/indiscipline/illegal activities, then he will be immediately removed from the work.

Inspection of Site: The Contractor before tendering shall inspect the site of work, examine the nature of work, and check up the availability of the working space. The tenderer/contractor is required to inspect the site of works and acquaint him with the site conditions, availability, and approaches for transporting materials, space, and other factors relating to the work, etc before quoting his rates.

E-Way Bill: E-Way Bill generation if required shall be the responsibility of the contractor. For the generation of E-Way Bill, GST No. of the Consignee will be provided by Railway.

The contractor shall be liable to pay for direct losses, damages caused to the Railway Administration by him or his workmen knowingly or unknowingly while they are in Railway premises working or not working. The amount so recovered will be determined by Sr.DME (D)/DLS/Raipur.However the maximum liability up to 10% of the contract value only as per RDSO SMI No: RDSO/2016/EL/SMI/0291 (Rev:0) Dated 21.6.2016.

Care of Staff: No quarters will be provided by the Railway for the accommodation of the contractor or any of his staff employed on the work. The contractor shall not be allowed to erect any staff camps for housing the staff at or near the work on available Railway land. No passes or privilege tickets will be issued to the contractor or any of his staff by the administration.

The contract will remain in force for a period of 02 years from the date of issue of LOA. However, Railway Administration may terminate the agreement by giving to the contractor duly notice without assigning any reason thereof and in the event of a breach of any condition therein, committed by the contractor in the event of any misconduct on the part of the contractor or his workman, it shall be lawful for the Railway Administration to terminate this agreement forthwith without any notice and to forfeit the whole or part of the security deposit at his discretion without being liable to the contractor for any loss and damage whatsoever.

Conservancy Cess Charges: As per Railway Board letter No. F(X)1/95/1/1 Dated: 07.09.2021, "Conservancy Cess Charges" will be deducted at the rates given below from the contractor's bills based on the average number of laborers'/workmen employed per day by the contractor for the work.

Rates: The rates accepted for the schedule should be all inclusive of lead and lift and shall cover all the operations described under scope of work. The rate quoted by the tenderer and accepted by the Railways shall hold good till the completion of the work and no additional individual claim will be admissible on account of fluctuation in market rates or any account whatsoever.

The Records to be maintained during the contract: Apart from the other records, approved maintenance plan etc, as required by the conditions of the contract, the following records shall be maintained. The user Railway & the contractor will jointly sign the list of locos to be covered under this contract. Any modification will also be jointly signed, as proposed by the user Railway. The user railway shall maintain records of maintenance contract stating the locomotive numbers to be maintained under this AMC along with the date of inclusion of the locomotive under AMC. The nominated officer shall keep the register /record for the previous bills paid for each locomotive to avoid duplicity of payments at any time. Service Engineer will maintain Preventive Schedule forms for all attended Schedules.

Arbitration: In the event of any question, dispute or differences arising under the condition of this contract which cannot be resolved by mutual discussions, such dispute can be referred to the sole arbitrator nominated by the General Manager of user railways. The sole arbitrator appointed by the General Manager in this case shall be Gazetted Railway officer. However the person shall not be one of those who have dealt with the matter related to or who in the course of their duties as railway servant have expressed view on all or any of the matter under dispute or differences. The award of the sole arbitrator shall be final and binding on both the parties to this contract. Subject as after said, the arbitration act, 1996 & the rule of their under and any statuary modifications thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause. 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 arbitral award shall state item wise, the sum and the reasons upon which it is based.

Failure: If the contractor fails in the performance of the contract (except in case of force majeure & having been allowed a reasonable time to complete the obligation), the user Railway may without prejudice to his other rights, cancel the contract or a portion thereof and if it so desires, to enter into another contract for fulfillment of the obligation for the remaining period, at the risk and cost of the contractor.

Subletting and Assignment: The contractor shall not, save with the previous consent in writing of the user Railway, sublet, transfer or assign the contract or any part thereof or interest therein or benefit or advantage thereof in any manner whatsoever. In the event of the contractor's subletting or assigning this contract or any part thereof without any such consent, this shall be deemed as the breach of contract and the user railways shall be entitled to cancel the contract without prejudice to Railways right to recover damages and taking any action including legal action as deemed fit by Railways.

Local Conditions: It shall be the responsibility of the contractor as he deems necessary to acquaint himself with all the local conditions and factors which would have any effect on the performance of the contract and the cost of the stores. In his own interest the contractor may familiarize himself with the Income Tax Act, 1961, The Companies Act, 1956, The Customs Act, 1962 and related laws in force in India amended from time to time.

The contractor shall remain liable for theft of any Railway material by his staff and he must take necessary proceeding against each staff to prevent such occurrence and shall reimburse to the administration for the loss suffered if any. In the event of this being reported cases, the contract shall be terminated by giving notice and the contractor shall be liable for the damage suffered by the administration.

It should be the sole responsibility of the firm to pay all the taxes which are implemented by the state or central government.

The above taxes and any other taxes if applicable are indicative and may vary as per the applicable tax laws from time to time.

The Contractor should not employ children below age 14 as staff directly or through the petty contractors or subcontractors for the execution of the work. Under no circumstances, the staff employed by the contractor will have any claim for employment in the Railways.

Authority for Operation of Contract: This contract is for trouble free operation of equipment under AMC by the user diesel sheds. Based upon this agreement, the contract shall be signed by the user diesel shed at Zonal HQ and shall be executed under the overall supervision of Zonal Railway. The User Railway shall nominate an officer who shall operate the contract for maintenance of the equipment and who shall be responsible for making the contract (Liaison) with the firm at the defined address by telephone/ telex/ fax/ Whatsapp/ SMS/Mail etc or in person immediately when the preventive maintenance/breakdown is to be attended to as required. The nominated Railway Officer shall also be responsible for supervision of the contractor's works for the verification of contractor's bill for payment.

The Contractor should complete the whole of the work in all respects on or before the date fixed by the Railway or any authorized extension thereof. The Railway administration is entitled to recover penalty as stipulated in the general conditions of the contract, if the contractor is in default. It should be ensured that minimum inconvenience is caused to users while for executing the work. For this the work shall be programmed in such a way in consultation with the authorized representative of Sr.DME (D)/DLS/Raipur.

Power of Attorney : Firm on award of contract, shall submit "Power of Attorney" in favour of the person(s) authorized by the Board of Directors/Proprietor/Partner(s) of the firm and certified by the Notary public to execute and sign in agreement, legal and financial documents. Power of Attorney will be required to be vetted by Chief Law Inspector/SECR/Raipur for which the firm has to produce Money receipt from Divl. Pay Master/Raipur (or) any Station manager/Booking office/Parcel office of SEC Railway towards legal vetting charges, drawn in favour of FA & CAO, SEC Railway BSP under allocation No.Z-652.

A fee per legal document, like partnership deed or power of attorney executed before or after the execution of the contract, will be recovered from the contractor for obtaining legal advice from Law Officer.

The contractor shall not sublet or assign this contract or allow any person for any reason to become interested therein in any manner without the written permission of the Sr.DME (D)/DLS/Raipur. In the event of contractor subletting or assigning the contract or transaction, Railway administration shall be free to cancel the contract as per the General conditions of contract and also to recover payments of any loss or damage from such cancellations, the amount of which will be determined by the Sr.DME (D)/DLS/Raipur.

As this is a works Service contract procedures pertaining to IRWCMS will be followed.

Arrangements for permits and license: for arrangements for permits and licenses for materials, the contractor will have to make his arrangements. Also no import license shall be arranged by the Railway for this work. The contractor should make his arrangements for the required vehicles, such as tractors, trailers, road lorries, etc and other tools and plants, etc for the expeditious progress of work at his own cost with men and consumable stores The contractor should bring the mater]al for the work, to work spot with proper RPF gate entry

Damage to railway property or Life: The contractor shall be responsible for all risk to the works and 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 the others from what so ever causing connection with the works. This is governed by para 4.24 of the General Conditions of Contract (GCC) for Service 2018.

Procedure for settling of disputes with contractor: The general condition of the contract will be applicable for settlement of claims or disputes between the contractor and Railway administration.

Statuary Variation Clause (SVC): SVC will be applicable. Any statuary variation in Taxes and Duties or any fresh Taxes and duties imposed by the Central or State Government during the execution of the contract will be paid by railway on submission of documentary evidence of such payment.

Goods and Service Tax (GST): All the bidders/tenderers should ensure that they are GST compliant and their quoted tax structure/rates are as per GST Law.GST will be reimbursed as applicable, on the production of authentic documentary evidence. In case there is any further change in the GST tax structure till the date of completion of work or any error is noticed in the calculation of the amount payable recoverable till the release of Final Bill amount to the contractor, the same shall be paid by the Railways or recovered from the contractor's bills/security deposit or any other dues of the contractor with the Govt. of India. If the firm is liable to be registered under CGST/IGST/UTGST/SGST Act shall submit GSTIN along with other details required under CGST/IGST/ UTGST/ 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 firm 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. GST has been levied @ 18%, this will be subjected to revision as per Government guidelines henceforth. GST will be reimbursed as applicable, on production of authentic documentary evidence. In case there is any further change in the GST tax structure till the date of completion of work or any error is noticed in the calculation of amount payable recoverable till the release of Final Bill amount to contractor, the same shall be paid by the Railways or recovered from the contractor's bills/security deposit or any other dues of contractor with the Govt. of India. Any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in prices. TDS on GST will be made as the clauses of relevant acts. Payment of GST will be made as prevalent on the date of execution of work.

Release Material: The release material from the defective SIV supplied by Railways to contractor shall be retained by firm.

Right of Railway to determine the contract: As per "General Conditions of Contract (GCC) for Service 2018" clause VII, the Railway shall be entitled to determine and terminate the contract at any time should, in the Railway's opinion, the cessation of work becomes necessary owing to paucity of funds or from any other cause whatever.

Errors and omissions and discrepancies:- The Tenderer shall not take any advantage of any misinterpretations of the conditions due to typing or any other error and if any contradiction, only the printed rules and books should be followed and no claims for the misinterpretation shall be entertained.

As per RB letter no. 2018/CE-I/CT/30/Pt-2 dated 05.12.2022 Service Contracts in IR-WCMS as per GCC of Service Contract will be followed.

Penalty: As per SMI no. RDSO/2016/EL/SMI/0291(Rev '0'), Dated. 21.06.2016. In addition to above Penalty as deemed fit by Sr.DME (D)/R may also be imposed due to unsatisfactory work carried out by the contractor which will be totally at the discretion of the Sr.DME (D)/R. Decisions of Sr.DME (D)/Raipur, S.E.C.Railway, regarding imposition of penalty shall be final and binding on the contractor. However the maximum liability up to 10% of the contract value only as per RDSO SMI No: RDSO/2016/EL/SMI/0291 (Rev:0) Dated 21.6.2016.

Scope of work shall be followed as per SMI no. RDSO/2016/EL/SMI/0291(Rev '0'), Dated. 21.06.2016.

Provision of one number Desk Top Computer with UPS & printer for storage of maintenance related data & records of S I V (PC Specification: acer Intel Core i5-12400 All in one PC or equivalent and any standard make UPS & printer). This PC with UPS & Printer will be taken back by contractor after completion of the contract.

All decisions on behalf of Railway administration will be taken by Sr.DME (D)/Raipur, S.E.C. Railway and shall be final and binding on the contractor.

The contractor shall mandatorily depute adequate no. of qualified service engineers/backup engineers and arrange required materials exclusively for the execution of this contract at the designated shed/ sheds with immediate effect after issue of LOA.

For the conditions not covered in this document, General Conditions of contract service-2018 shall apply. This concludes the contract and is issued for and on behalf of the president of India.