Comprehensive Annual Maintenance Contract (CAMC) of 3 phase propulsion system of MEMU with Alstom Transportation Limited, Bengaluru.

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.

Bid Security: (1) (a) 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: For works 2% of the estimated cost of the work. 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. (b) It shall be understood that the tender documents have been issued to the tenderer and the tenderer is permitted to tender in consideration of 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. (c) 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. (2) 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. (3) 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 within 5 working days of deadline 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. The details of the BG, 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 submitte

16.(1) 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. 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. 16. (2) (ii) 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. 16.(3) 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. (b) The successful bidder shall submit the Performance Guarantee (PG) in any of the followingforms, amounting to 5% of the original contract value:- (i) A deposit of Cash; (ii) Irrevocable Bank Guarantee;(iii) Government Securities including State Loan Bonds at 5% below the market value; (iv) Pay Orders and Demand Drafts tendered by any Scheduled Commercial Bank of India; (v) Guarantee Bonds executed or Deposits Receipts tendered by any Scheduled Commercial Bank of India; (vi) Deposit in the Post Office Saving Bank; (vii) Deposit in the National Savings Certificates; (viii) Twelve years National Defence Certificates; (ix) Ten years Defence Deposits; (x) National Defence Bonds and (xi) Unit Trust Certificates at 5% below market value or at the face value whichever is less. Also, FDR in favour of FA&CAO (free from any encumbrance) may be accepted. (c) The Performance Guarantee shall be submitted by the successful bidder after the Letter of Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G. shall be initially valid upto the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work gets extended, the Contractor shall get the validity of P.G. extended to cover such extended time for completion of work plus 60 days. (d) The value of PG to be submitted by the Contractor is based on original contract value and shall not change due to subsequent variation(s) in the original contract value. (e) The Performance Guarantee (PG) shall be released after physical completion of the work based on 'Completion Certificate' issued by the competent authority stating that the Contractor has completed the work in all respects satisfactorily. (f) Whenever the contract is rescinded, the Performance Guarantee already submitted for the contract shall be encashed.

(g) The Engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and/or without prejudice to any other provisions in the contract agreement) in the event of: (i) Failure by the Contractor to extend the validity of the Performance Guarantee as described herein above, in 1.2.1 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.

FDR in favour of FA&CAO (free from any encumbrance) may be accepted. The Performance Guarantees shall be submitted by the successful bidder after the Letter of Acceptance (LOA) has been issued, but before signing of the contract agreement. These PGs shall be initially valid up to the stipulated date of completion and maintenance period, if any plus 60 days beyond that. In case, the time for completion of service gets extended, the contractor shall get the validity of PGs extended to cover such extended time for completion and maintenance period, if any of service plus 60 days. The Performance Guarantees (PGs) shall be released after physical completion of the work/service delivery based on 'Completion Certificate' issued by the competent authority stating that the contractor has completed the assigned services in all respects satisfactorily and passing of final bill based on "No Claims Certificate" from the contractor. In case any contract provides for warranty/ maintenance clause then 25 % of the Performance Guarantee would be retained till the warranty/ maintenance period is over and a certificate to that effect is issued by the Manager. Whenever the contract is rescinded, the Performance Guarantees shall be encashed/ forfeited. The balance work or services for the same shall be got done independently without risk & cost of the failed contractor. The failed contractor shall be debarred for a period of 2 years 1.2.2 from the date of such rescindment from participating in the bid which includes delivery of balance services of failed contract. If the failed contractor is a Partnership firm, then every member/ partner of such a firm shall be debarred for a period of 2 years from the date of such rescindment from participating in the bid which includes delivery of balance services of failed contract in his/her individual capacity. I.The Manager 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 - II.Failure by the contractor to extend the validity of the Performance Guarantee as described herein above, in which event the Manager may claim the full amount of the Performance Guarantee. III.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 Manager. IV.The Contract being determined or rescinded under provision of the GCC (Services), the Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India. 1.8The contractor has to update labour data on Railway's Shramikkalyan portal. (Ref: As per Railway Board's L.No.2018/CE-I/CT/4 dated 17.10.2018).

(g) The Engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and/or without prejudice to any other provisions in the contract agreement) in the event of: (i) Failure by the Contractor to extend the validity of the Performance Guarantee as described herein above, in 1.2.3 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.

1.12 GST: This contract is covered under the liability of GST. Provision of GST is separately made in this tender. Contractor will be paid GST amount as per prevailing rates in each bill. However contractor has to submit documentary proof of GST paid for the previous bill in the next on account bill. Tenderer has to submit his GST number along with the tender. As per Railway Board's L. No.2017/CE-I/CT/4/GST dated 23.06.2017 subsequent to enactment of GST act, Board has approved modification to para (a) of clause 6, Part-I of Indian Railway General Conditions of Contract for services, the revised para (a) of clause 6 shall be read as under: Tenderes will examine the various provisions of the Central Goods and Services Tax act, 2017(CGST)/Integrated Goods and Services Tax Act, 2017(IGST)/Union Territory Goods and Services Tax Act, 2017(UTGST)/respective state's State Goods and Services Tax Act (SGST) also, as notifies by Central/State Govt& as amended from time to time and applicable taxes before bidding. Tenderers will ensure that full benefit of Input Tax Credit (ITC) likely to be availed by them is duly considered while quoting rates. The successful tenderer who 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 10 to railway immediately after the award of contract, without which no payment shall be released to the contractor. The contractor shall be responsible for deposition of applicable GST to the concerned authority. In case the successful tenderer is not liable to be registered under CGST/IGST/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

CONVEYANCE OF STAFF EMPLOYED BY THE CONTRACTOR: No Railway Pass for the conveyance of the contractor or his staff will be provided.

CONTRACTORS RESPONSIBILITY IN CASE OF INJURIES OR ACCIDENTS SUSTAINED BY HIS WORKMEN & DAMAGE AND LOSS OF RAILWAY PROPERTY: The contractor shall and keep the purchaser at all-time indemnified and protected against all claims and liabilities that may be made under workmen's compensation act, the factories act and the payment of wages act and rules made there under from time to time or under any other labour of industrial legislation made from time to time. The contractor shall pay his labours not less than the wages paid for similar work in the neighbourhood or in the adjoining areas.

Contractor shall indemnify and save harmless the purchaser also against all actions, suit, claims, demands costs, charge of expenses arising in connection with any death or injury or sustained by any person or persons prior to the when the structures shall have been taken over by the purchaser on the works irrespective of whether such liability arises under workmen's compensation act 1923 (or latest), or the fatal accidents act or any other statute in force for the time being.

SAFETY MEASURES: The contractor shall take all precautionary measures in order to ensure the protection of his own personnel moving about or working in the Railway premises but shall then confirm to the rules and regulations of the Railways. The work must be carried out most carefully without any infringement of the Indian Railway Act, General and Subsidiary Rules in force on the Railway, Indian Electricity Rules and Acts in such a way that they do not hinder operation or erect the proper functioning of or damage any Railway equipment as agreed to by the purchase, provided that all damages and disfiguration caused by the contractor to any Railway property must be made good by the contractor at his own expenses failing which cost of such repairs shall be recovered from the contractor. The contractor shall ensure that unauthorized careless and inadvertent operation of switchgear which may result in accident to staff and damage to equipment does not occur

1.31INSPECTION : The work will be inspected by Sr. Divisional Electrical Engineer (TRS) Tikiapara, or his authorized representative. They are at liberty to inspect any item related to contract at any given time.

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.

1.49PAYMENT TERMS & BILLS: The standard payment terms subject to recoveries as mentioned in the agreement or of any amount under the liquidated damages clause of contract will be as under: a. Bills will be prepared in triplicate by the contractor and submitted to the consignee in the 1st week of every month. No interest will be paid by the Railway for delay in submission of bills. On account payment will be made to the firm/contractor on 'bi-monthly basis'. Sr. DFM will arrange payment through ECS/EFT in favour of the contractor. Contractor has to submit the Bank details to Rly. Administration. b. Payment as above shall be subject to any deductions of any amount for which the contractor is liable under the contract against this tender including penalty and fine as specified in work evaluation and penalty clause or any other contract in respect of which the President of India is the contracting authority.

Omissions and Discrepancies: Should a tenderer find discrepancies in or omissions from the Tender Forms or should he be in doubt as to their meaning, he should at once notify the authority inviting tenders who may send a written instruction to all the tenderer(s). It shall be understood they every endeavour has been made to avoid any error which can materially affect the basis of the tender and the 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. The railway reserve the rights to verify all statement information and documents submitted by the bidder in his tender offer and the bidder shall when so required by the railway , make available all such information , evidence and documents as may be necessary ror such verification. Any such verification, the Railway shall not relive the bidder of its obligation or liabilities hereunder nor will it affect any rights of the Railway there under. Inter se ranking will be decided based on the taxes and duties as on date of opening. It shall not be the obligatory on the said authority to accept the lowest tender and no tender /tenderers shall demand any explanation ro the cause of rejection of his/her tender

Payment will be made after due verification of Measurement book and certification made by Railway officials/Supervisor. The contractor will have to carry out the work as per Schedule to the satisfaction of the Railways. Same will be ensured and certified by SSE of respective Unit. yearly payment will be made on the basis of production of details duly certified and signed by SSE or Rly representative and contractor as mentioned above. General terms and condition of contract for works (GCC)-2022 with latest correction slip shall be applicable to the contractor. (l) The quantity of various items as mentioned above is only approximate and can vary (increase/decrease) due to operational and other unforeseen circumstances, which will be dealt as per extant rules and norms of the GCC for works as amended from time-to-time. Tenderers may note that railways reserve the right to get the work done through any other sources in case of unavoidable circumstances and payment for the work shall be borne by the tenderer. (m) All travelling expenses of contract labours are borne by contractor. (n) Contractor should be registered with Income tax Authorities and a copy of PAN issued by the authorities shall be attached with tender. (o)The contract is for a period of 02 years. However, the Railway reserves the right to terminate the contract at any time. (p)Sr. Divisional Electrical Engineer (TRS), South Eastern Railway, Tikiapara has all rights to make any changes, if deemed necessary, during the course of work and it will be binding on tenderer. (q)2% Income tax and any other charges introduced in due course by State or Central Govt. will be levied on bill amount. All taxes as applicable time to time shall be borne by the contractor. (r)The security deposit/Performance Guarantee shall be refunded to the contractor as per extent procedure, without any interest, after successful execution of the work. (s)The Railway will pay no interest on the earnest money. The earnest money will be returned in full to tenderer on application if his offer is not accepted. The earnest money is liable to be forfeited if the tender is not kept valid for acceptance for the period specified. (t)No multiple rates, and /or conditions under any circumstances to be quoted by the tenderer/s otherwise his/their tender/s may be liable for rejection.