Comprehensive AMC of Medha make SIV units (2 x 130 KVA) fitted in Electric locomotives based at Loco Shed Gonda for 3 years

As per Para 10.4 of Part 1 of GCC 2022, No Technical and Financial credentials are required for tenders having advertised value up to Rs 50 lakh.

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

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

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

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

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

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

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

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

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

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

Furnish the Certificates and testimonials regarding contracting experience for the type of job for which tender is invited with list of works carried out in the past, in accordance with Para 11 (i), of TENDER FORM (Second Sheet) of Part 1 of GCC 2022.

Furnish the list of personnel / organization on hand and proposed to be engaged for the tendered work, in accordance with Para 11 (iii), of TENDER FORM (Second Sheet) of Part 1 of GCC 2022.

Furnish the list of plant & machinery available in hand (own)and proposed to be included (own and hired to be given separately) for the subject work, in accordance with Para 11 (iii), of TENDER FORM (Second Sheet) of Part 1 of GCC 2022.

Depending on the constitution of tendering firm, all documents required as per Tender Form 2 of GCC, such as Power of Attorney, Memorandum and Article of Association, Partnership Deed etc. (as applicable), in accordance with Para 14 (ii), of TENDER FORM (Second Sheet) of Part 1 of GCC 2022.

Audited Balance Sheet duly certified by the Chartered Accountant regarding contractual payments received in the past, in accordance with Para 11 (ii), of TENDER FORM (Second Sheet) of Part 1 of GCC 2022.

Tenderers should attach self attested copy of PAN CARD in Support of their IDENTITY and constitution of the firm, in accordance with Para 14 (i), of TENDER FORM (Second Sheet) of Part 1 of GCC 2022.

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.

Please pay close attention to Eligibility Criteria.

The documents uploaded should be clear and legible for evaluation of tenders. Illegible documents may not be considered for evaluated by Tender committee. Responsibility in this regard lies with the tenderer.

It may be clearly understood that the Railways have the right of exercising checks that they may desire to access the quality work in progress. This is also applicable for the work that is being carried out at firm's premises. The Railways will also have the right to impose any inspection at any stages by the person who may be nominated by the Railways.

The Railway reserves the right to verify all statements, information and documents submitted by the bidder in his tender offer, and the bidder shall when so have required by the Railway, make available all such information, evidence and documents as may be necessary for such verification. Any such verification or lack of such verification, by the railway shall not relieve the bidder of its obligations or liabilities hereunder nor will it affect any rights of the railway there under

Any information relating to the tender may be obtained from the office of the Sr. Divl. Elect. Engineer / TRS/ Gonda, on any working day during office hours up to 5 P.M except Saturday, Sunday and Gazetted holiday

Address of tenderer: The address, email - Id and Mobile phone, other phone nos. and other details given in the portal while registering will be considered as official address and all correspondences to the tenderer will be made in these registered modes. All communication sent in time to the tenderer by post at the said address shall be deemed to have reached the tenderer.

GCC 2022 applicable in this tender along with latest correction slips, is attached with this tender.

When the tender is received by the administration, it will be understood that the tender(s) has/have gone through carefully in details all the instructions, conditions, general and special conditions of the contracts and general and special instructions for execution of the works and that the tenderer(s) has/have got himself/themselves clarified all points and doubts and interpretations by the proper authorities of the railway administration. The submission of a tender by the contractor implies that he has read and abides by the conditions stated herein and in the tender notice accompany the tender form.

The tenderer(s) shall quote his/their rates inclusive of all charges, and including all taxes levied by the union of India and/or State Government.

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 tender shall take open himself and provide for the risk of any error which may subsequently be discovered and shall not make subsequently claim on account, thereof.

The tenderer whose tender has been accepted shall be required to appear at the office of the General Manager/Chief Electrical Engineer/Divl Rly. Manager as the case may be, in person and the case of firm or a corporation a duly authorized representative, to execute the contract, documents within seven days from the issue of notice forwarding the contract. Failure to do so shall constitute breach of the earnest money accompanying the tender shall be forfeited by the Rly. as liquidated damages for such default. In the event of any tenderer, whose tender is accepted, refuse to execute the contract documents the Rly. Administration shall deem such tenderer abandoning the contract and there upon, his tender and the acceptance thereof shall be treated as null and void and the Rly shall be entitled to forfeit the earnest money as liquidated damages.

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

Employment/Partnership etc. of Retired Railway Employees:

a) Should a tenderer i) be a retired Engineer of the gazetted rank or any other gazetted officer working before his retirement, whether in the executive or administrative capacity or whether holding a pensionable post or not, in the Engineering or any other department of any of the railways owned and administered by the President of India for the time being, OR ii) being partnership firm / joint venture (JV) / registered society / registered trust etc have as one of its partners a retired Engineer of the gazetted rank or any other gazetted officer working before his retirement, OR iii) being an incorporated company have any such retired Engineer of the gazetted rank or any other gazetted officer working before his retirement as one of its directors AND in case where such Engineer or officer had not retired from government service at least 1 year prior to the date of submission of the tender THEN the tenderer will give full information as to the date of retirement of such Engineer or gazetted officer from the said service and as to whether permission for taking such contract, or if the Contractor be a partnership firm or an incorporated company, to become a partner or director as the case may be, has been obtained by the tenderer or the Engineer or officer, as the case may be from the President of India or any officer, duly authorized by him in this behalf, shall be clearly stated in writing at the time of submitting the tender.

b) In case, upon successful award of contract, should a tenderer depute for execution of the works under or to deal matters related with this contract, any retired Engineer of gazette rank or retired gazetted officer working before his retirement in the Engineering or any other department of any of the railways owned and administered by the President of India for the time being, and now in his employment, then the tenderer will ensure that retired Engineer or retired gazetted officer had retired from government service at least 1 year prior to the date of his employment with tenderer and in case he had retired from service within a year then he possesses the requisite permission from the President of India or any officer, duly authorized by him in this behalf, to get associated with the tenderer .

c) Should a tenderer or Contractor being an individual, have member(s) of his family or in the case of partnership firm/ company / joint venture (JV) / registered society / registered trust etc. one or more of his partner(s)/shareholder(s) or member(s) of the family of partner(s)/shareholder(s) having share of more than 1% in the tendering entity employed in gazetted capacity in the Engineering or any other department of the railway, then the tenderer at the time of submission of tender, will inform the authority inviting tenders the details of such persons. Note:-If information as required as per 16.a), b), c) above has not been furnished, contract is liable to be dealt in accordance with provision of clause 62 of Standard General Condition of contract.

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

Assignment or Subletting of Contract: The Contractor shall not assign or sublet the contract or any part thereof or allow any person to become interested therein any manner whatsoever without the special permission in writing of the Chief Engineer. Any breach of this condition shall entitle the Railway to rescind the contract under Clause 62 of these Conditions and also render the Contractor liable for payment to the Railway in respect of any loss or damage arising or ensuing from such cancellation; provided always that execution of the details of the work by petty Contractor under the direct and personal supervision of the Contractor or his agent shall not be deemed to be sub-letting under this clause. The permitted subletting of work by the Contractor shall not establish any contractual relationship between the sub-contractor and the Railway and shall not relieve the Contractor of any responsibility under the Contract.

Railway Passes: No free railway passes shall be issued by the Railway to the Contractor or any of his employee/worker.

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.

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 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 shall be final and conclusive, PROVIDED FURTHER that if the performance in whole or in part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 120 days, either party may at its option terminate the contract by giving notice to the other party.

Extension of Time in Contracts: Time extension will be given as per Indian Railways Standard General Conditions of Contract, 2022.

Extension of Time for delay due to Contractor: will be given as per Indian Railways Standard General Conditions of Contract, 2022.Rate of penalty will be applicable mentioned in Indian Railways Standard General Conditions of Contract, 2022 corrected upto date.

Variation in extent of contract shall be done as per Indian Railways Standard General Conditions of Contract, 2022, corrected upto date.

The Railway reserves the right to increase or decrease the quantity by +/- (Plus/Minus) 25% or delete the complete items from the list of work given above and total cost will be adjusted accordingly. In case of further variation in scheduled quantity, Quantities operated in excess of 125% but upto 140% of the agreement quantity of the concerned item, shall be paid at 98% of the rate awarded for that item and Quantities operated in excess of 140% but upto 150% of the agreement quantity of the concerned item shall be paid at 96% of the rate awarded for that item. Positive/negative Variation in scheduled quantity will be dealt as per GCC, April'2022, Part- II clause No. 41 & 42. The tenderer shall consider this aspect while quoting the rate for the same.

Responsibility of the contractor towards its employees:- The contractor has to ensure and comply with the provision of the Payment of Wages Act 1936, provision of Minimum Wages Act- 1948, Contract Labour (Regularization and Abolition) Act 1970, Workmen Compensation Act 1923 & other labour laws as applicable.

Contractor shall have to provide "First-aid Facilities" during all working hours. As per Rly. Board letter No. E (LL)/2004/AT/CNR/33 dt. 10/12/04. The Contract Labour (Regulation & Abolition) Act,1970 vide para 19provides that "First-aid Facilities-There shall be provided and maintained by the contractor so as to be readily accessible during all working hours first-aid box equipped with the prescribed contents at every place where contract labour is employed by him".

SAFETY : The Contractor shall take all precautionary measures in order to ensure the protection of his own personnel moving or working on the Railway premises, but shall then confirm to the rules and regulations of the Railway. The Contractor shall be responsible for safe custody of all equipment's till provisional acceptance. Moreover, if any time the works to be carried out directly concern the safety of trains, the Contractor's staff must comply fully with Railway regulations given to him by the authorized Railway staff. The Contractor's employees and workers may for no reason operate an installation concerning train safety or train movement. They shall notify the authorized representative of the purchaser / consignee who will take all necessary steps in this regard, through Railway representative regarding dead electric supply / wires, while carrying the work of cobweb cleaning etc. The Contractor shall also observe all safety rules for Electricity since, overhead lines are charged with 25 KV.A.C. in the shed premises. It will be the responsibility of the Contractor to ensure that all the workmen observe industrial safety rules, procedures, methods, practices etc., In shed premises 25 KV OHE supply is available. The Railways shall not be liable for any accidents, injuries etc. to his workmen or any financial implication arising there from. Lot of live electric supply wires / cables are running on different structure of shed. To avoid shock to Contractor staff, these supply wires/ cables will be made dead. Contractor to ensure this.

To Guard And Protect The Railway Material /Machines In shed Premises: i. It will be sole responsibility of Contractor to guard and protect the equipment/ fittings parts/ materials/ machines while working on loco during the contract period. ii. The Contractor shall be liable to pay for direct losses, damages caused to the Railways by him or his workmen knowingly/ unknowingly while they are in Railway premises working or not working. The amount shall be determined by the Sr.DEE Traction Rolling stock, Gonda. iii. The cost of lost/ stolen or other damages material or other loss caused to Rly., as found by authorities will be recovered from the Contractor's on account bill. iv. Railways will not responsible for any accident (fatal and non fatal) or injury to any personnel of the agency or any financial implication arising there from.

Responsibility in case of theft/ Pilferage: i. In case of theft / pilferage, the cost of the same will be recovered from the agency. The decision of the Railways shall be final and binding. ii. It should also be ensured that the employees employed by the agency are having proven antecedents and no police case etc. is pending against such people. The agency shall be solely responsible for all acts of commission of its employees. Police verification of it's employees deployed in shed, as per extant rules will be submitted by contractor before handing over of loco.

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

Bank Guarantees to be submitted by contractor should be sent directly to the concerned authorities by issuing Bank through registered Post.

WORKS CONTRACT:---- Documents to be Submitted Along with Tender :- (i)The tenderer shall clearly specify whether the tender is submitted on his own (Proprietary Firm) or on behalf of a Partnership Firm / Company / Joint Venture (JV) / Registered Society / Registered Trust / Hindu Undivided Family (HUF)/ Limited Liability Partnership (LLP) etc. The tenderer(s) shall enclose the attested copies of the constitution of their concern, and copy of PAN Card along with their tender. Tender Documents in such cases are to be signed by such persons as may be legally competent to sign them on behalf of the firm, company, association, trust or society, as the case may be.

(ii) Following documents shall be submitted by the tenderer:

(a)Sole Proprietorship Firm: (i) All documents in terms of Para 10 25.1.1 of the Tender Form (Second Sheet) of GCC.

(b)HUF: (i)A copy of notarized affidavit on Stamp Paper declaring that he who is submitting the tender on behalf of HUF is in the position of 'Karta' of Hindu Undivided Family (HUF) and 25.1.2 he has the authority, power and consent given by other members to act on behalf of HUF. (ii) All other documents in terms of Para 10 of the Tender Form (Second Sheet) of GCC.

(c)Partnership Firm: (i) All documents as mentioned in para 18 of the Tender Form (Second Sheet).

(d)Joint Venture (JV): All documents as mentioned in Para 17 of the Tender Form (Second Sheet).

(e)Company registered under Companies Act2013: (i)The copies of MOA (Memorandum of Association) / AOA (Articles of Association) of the company (ii)A copy of Certificate of Incorporation (iii)A copy of Authorization/Power of Attorney 25.1.5 issued by the Company (backed by the resolution of Board of Directors) in favour of the individual to sign the tender on behalf of the company and create liability against the company. (vi) All other documents in terms of Para 10 of Tender Form (Second Sheet) of GCC.

(f)LLP (Limited Liability Partnership): (i)A copy of LLP Agreement (ii)A copy of Certificate of Incorporation (iii)A copy of Power of Attorney/Authorization issued by the LLP in favour of the individual to sign the tender on behalf of the LLP and create liability against the LLP. (iv)An undertaking by all partners of the LLP that they are not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation 25.1.6 in tender/contracts as on the date of submission of bids, either in their individual capacity or in any firm/LLP or JV in which they were/are partners/members. Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the Standard General Conditions of Contract. (v)All other documents in terms of Para 10 of the Tender Form (Second Sheet) of GCC.

(g)Registered Society & Registered Trust: (i)A copy of the Certificate of Registration (ii)A copy of of Memorandum of association of society/ Trust Deed (iii)A copy of Power of Attorney in favour of the individual to sign the tender 25.1.7 documents and create liability against the Society/Trust. (iv) A copy of Rules & Regulations of the Society (v) All other documents in terms of Para 10 of the Tender Form (Second Sheet) of GCC.

(iii) If it is NOT mentioned in the submitted tender that tender is being submitted on behalf of a Sole Proprietorship firm / Partnership firm / Joint Venture / Registered Company etc., then the tender shall be treated as having been submitted by the individual who has signed the tender.

(iv)After opening of the tender, any document pertaining to the constitution of Sole Proprietorship Firm / Partnership Firm / Registered Company/ Registered Trust / Registered Society / HUF/LLP etc. shall be neither asked nor considered, if submitted. Further, no suo moto cognizance of any document available in public domain (i.e., on internet etc.) or in Railway's record/office files etc. will be taken for consideration of the tender, if no such mention is available in tender offer submitted.

(v) A tender from JV shall be considered only where permissible as per the tender conditions.

(vi)The Railway will not be bound by any change of Power of Attorney or in the composition of the firm made subsequent to the submission of tender. Railway may, however, recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the Contractor.

Works Contract :- The tenderer whether sole proprietor / a company or a partnership firm / joint venture (JV) /registered society / registered trust / HUF / LLP etc if they want to act through agent or individual partner(s), should submit along with the tender, a copy of power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person, specifically authorizing him/them to sign the tender, submit the tender and further to deal with the Tender/ Contract up to the stage of signing the agreement except in case where such specific person is authorized for above purposes through a provision made in the partnership deed / Memorandum of Understanding / Article of Association /Board resolution, failing which tender shall be summarily rejected.

A separate power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person, shall be submitted after award of work, specifically authorizing him/them to deal with all other contractual activities subsequent to signing of agreement, if required. Note: A Power of Attorney executed and issued overseas, the document will also have to be legalized by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is being issued. However, the Power of Attorney provided by Bidders from countries that have signed the Hague Legislation Convention 1961 are not required to be legalized by the Indian Embassy if it carries a conforming Appostille certificate.

MULTIPLE L-1: In case more than one L-1 bidders, tender may be awarded to tenderer having higher bid capacity. In case Bid Capacity is also the same, tenderer having done more value of similar work in last seven previous year sending last day of month previous to the one in which tender is invited may be selected for the award instruction with respect to Bid capacity are detailed out in the GCC.