D-Check maintenance of Kirloskar make Diesel Engines provided in Power Car at Kharagpur Workshop/SER

As per Railway Board's Letter No. 2019/Elect(G)/165/1 Dtd: 22-04-2020, the financial eligibility criteria as contained in Latest GCC or any amendment thereafter for work contracts has been dispensed with in cases of bidders who are OEMs (Original Equipment Manufacturers).

As per Railway Board's Letter No. 2006/Elect(G)/138/1pt Dtd:03.06.2025, D checks of Power Cars have to be carried out by OEM only. Hence, the offer of respective OEM of M/s Kirloskar Oil Engine Ltd make Diesel Engines provided in Power Cars, will only be considered subject to the submission of documentary evidence in support of OEM.

As per Railway Board's Letter No. 2019/Elect(G)/165/1 Dtd: 22-04-2020, the technical eligibility criteria as contained in latest GCC or any amendment thereafter for work contracts has been dispensed with in cases of bidders who are OEMs (Original Equipment Manufacturers).

Copies of the following documents are to be uploaded: (i) Details such as Name of the tenderer/Contractor, Complete address with pin code, Contact Number (ii) Copy of PAN Card (iii) Copy of GSTIN card.

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.

GST clause is applicable to this Tender as per extant rule.

The responsibility for the payment of GST to the GST authority vests with the contractor. Any charges due to delay in submission of GST shall also be borne by the contractor.

After execution of the work subsequent On Account bills shall be passed only on production of documentary evidence of GST paid to the Government of India by the contractor for the amount of On Account Bill.

Security deposit will be released only on production of documentary evidence of payment of Full GST to the Government of India by the contractor for the work.

GST implemented from 1st July'2017. All the bidder should attached GST registration certificate. GST will levied as per instruction circulated time to time.

Rates indicate in tender is inclusive of GST @ 18% and all other charges.

If rates of existing GST or cess on GST for Works Contract is increased or any new tax /cess on Works Contract is imposed by Statute after the date of opening of tender but within the original date of completion/date of completion extended under clause 17 & 17A of GCC April 2022 and the Contractor thereupon properly pays such taxes/cess, the Contractor shall be reimbursed the amount so paid.

If rates of existing GST or cess on GST for Works Contract is decreased or any tax/cess on Works Contract is decreased / removed by Statute after the date of opening of tender, the reduction in tax amount shall be recovered from Contractor's bills/Security Deposit or any other dues of Contractor with the Government of India.

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.

If the tenderer/s expires after the submission of his/their tender or after the acceptance of his tender, the Rly. 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.

Performance Guarantee- The successful bidder shall have to submit a Performance Guarantee (PG) within 21 days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 21 days and up to 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 percent per annum shall be charged for the delay beyond 21 days, i.e. from 22nd day after the date of issue of LOA. Further, if the 60th day happens to be a declared holiday in 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 EMD and other dues payable against the contract. In case a tenderer has not submitted EMD on the strength of their registration as a start-up 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 the re-tender for that work.

The successful bidder shall submit the Performance Guarantee ( P G ) amounting to 5% of the original contract value and Additional Performance Guarantee as per clause 16(4)(h) mentioned in the Advanced Correction Slip 11 of GCC in any of the following forms: (i) A deposit of Cash; (ii) Irrevocable Bank Guarantee; (iii) Insurance Surety Bond as per Annexure-XVII mentioned in the advanced correction slip no. 9 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 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/SER (free from any encumbrance) may be accepted.

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 up to 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.

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.

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.

Whenever the contract is rescinded, the Performance Guarantee already submitted for the contract shall be encashed.

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:

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.

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.

The Contract being determined or rescinded under clause 62 of the GCC.

Non-compliance with any of the conditions set forth therein above is liable to result in the tender being rejected.

The authority for the acceptance of the tender will rest with the South Eastern Railway, who does not bind himself to accept the lowest or any other tender or does he undertake to assign reasons for declining to consider any particular tender or tenders.

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. It is understood that the tender documents have been issued to the Tenderer(s) and the Tenderer(s), is /are permitted to tender in consideration of the stipulation on his/their part that after submitting his / their tender subject to the period being extended further, if required by mutual agreement from time to time, he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the Railway. Should the tenderer fail to observe or comply with the foregoing stipulation, the amount deposited or Bank guarantee bond submitted as Bid Security for the due performance of the above stipulation, shall be forfeited to the Railway.

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. In addition to this, the tender must comply all other provisions of clause 16, Part-1 of GCC April 2022 regarding employment/Partnership etc. of retired Railway Employees. If information as required as per clause 16.a), b), c), Part-1 of GCC April 2022 above has not been furnished, contract is liable to be dealt in accordance with provision of clause 62 of the Standard General Condition of Contract April 2022.

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 endeavour 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.

If the tender is accepted earnest money will be retained as part security for the due and faithful fulfillment of the contract in terms of clause-16 of the General Conditions of Contract. The earnest money of other tenderers shall save as herein before Provided, be returned to them but the Railway shall not be responsible for any loss of depreciation that may happen there to while in their possession, not be liable to pay interest thereon.

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.

When work is tendered for by a firm or company of contractors, the tender shall be signed by the individual legally authorized to enter into the commitment on their behalf. The railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contractor. It may however, recognize such power of attorney and changes after obtaining proper legal advice.

The tenderer shall clearly specify whether the tender is submitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf of a partnership concern, he should submit the certified copy of partnership deed along with the tender and authorization to sign the tender documents on behalf of partnership firm. If these documents are not enclosed along with the tender documents, the tender will be treated as having been submitted by individual signing the tender documents. The tenderer whether sole proprietor, a limited company or a partnership firm if they want to act through agent or individual partners should submit along with the tender or at a later stage, a power of attorney duly stamped and authenticated by a Notary public or by Magistrate in favour of the specific person whether he or they be partners of the firm or any other person specifically authorizing him or them to submit the tender, sign the agreement, receive money, witness measurement, sign Measurement Books, compromise, settle, relinquish any claims preferred by the firm and signed No claim certificate and refer all or any dispute to arbitration.

The Railway reserves the right of not to invite tenders for any of the 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 such action.

VARIATIONS IN EXTENT OF CONTRACT :

Modification to Contract to be in Writing: In the event of any of the provisions of the contract required to be modified after the contract documents have been signed, the modifications shall be made in writing and signed by the Railway and the Contractor and no work shall proceed under such modifications until this has been done. Any verbal or written arrangement abandoning, modifying, extending, reducing or supplementing the contract or any of the terms thereof shall be deemed conditional and shall not be binding on the Railway unless and until the same is incorporated in a formal instrument and signed by the Railway and the Contractor, and till then the Railway shall have the right to repudiate such arrangements

(1) Powers of Modification to Contract: The Engineer on behalf of the Railway shall be entitled by order in writing to enlarge or extend, diminish or reduce the works or make any alterations in their design, character position, site, quantities, dimensions or in the method of their execution or in the combination and use of materials for the execution thereof or to order any additional work to be done or any works not to be done and the Contractor will not be entitled, to any compensation for any increase/reduction in the quantities of work but will be paid only for the actual amount of work done and for approved materials supplied against a specific order.

(i) Unless otherwise specified in the special conditions of the contract, the accepted variation in quantity of each individual item of the contract would be upto 25% of the quantity originally contracted, except in case of foundation work. (ii)The Contractor shall be bound to carry out the work at the agreed rates and shall not be entitled to any claim or any compensation whatsoever upto the limit of 25% variation in quantity of individual item of works. (iii)In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered unavoidable, then same shall be executed at following rates (a)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 in that particular tender; (b)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 in that particular tender; (c)Variation in quantities of individual items beyond 150% will be avoided and would be permitted only in 20.2.1 exceptional unavoidable circumstances and shall be paid at 96% of the rate awarded for that item in that particular tender. (d)Variation to quantities of Minor Value Item: The limit for varying quantities for minor value items shall be 100% (as against 25% prescribed for other items). A minor value item for this purpose is defined as an item whose original agreement value is less than 1% of the total original agreement value. d. (i)Quantities operated upto and including 100% of the agreement quantity of the concerned minor value item, shall be paid at the rate awarded for that item in that particular tender; d.(ii) Quantities operated in excess of 100% but upto 200% of the agreement quantity of the concerned minor value item, shall be paid at 98% of the rate awarded for that item in that particular tender; d.(iii) Variation in quantities of individual minor value item beyond 200% will be avoided and would be permitted only in exceptional unavoidable circumstances and shall be paid at 96% of the rate awarded for that item in that particular tender.

Valuation of Variations: The enlargements, extensions, diminution, reduction, alterations or additions referred to in Sub- Clause (2) of this Clause shall in no degree affect the validity of the contract; but shall be performed by the Contractor as provided therein and be subject to the same conditions, stipulations and obligations as if they had been originally and expressively included and provided for in the Specifications and Drawings and the amounts to be paid therefor shall be calculated in accordance with the accepted Schedule of Rates. Any extra items/quantities of work falling outside the purview of the provisions of Sub-Clause (2) above shall be paid for at the rates determined under Clause-39 of GCC.

For settlements of disputes Arbitration provision of relevant clauses of Indian Railways Standard General Conditions of contract April 2022 with up-to-date correction slip will be followed. The contractor must aware of the standard General Condition of the Contract, April 2022 in respect to execution of the contract.

All these conditions and specifications should carefully be studied by the tenderer / tenderers before submitting his/their tender. He/they should in his/their own interest be well acquainted with the site of work.

Deployment of Qualified Engineers at Work Sites by the Contractor: The Contractor shall employ 01 (one) qualified Graduate or Diploma Engineer or equivalent as per clause 26A.1 of GCC April-2022, for supervision of the work.

For carriage 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.

As per Clause 55-A of the General Conditions of Contract April 2022 with all correction slips upto date, the Contractor shall comply with the provision of the contract labour (Regulation and Abolition) Act, 1970 and the 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 Act 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.

Indian Railways Standard General Conditions of Contract April- 2022 along with upto date advanced correction slips are binding on the contract and shall form part and parcel of the contract.

The successful tenderer/tenderers shall be required to execute agreement with the President of India acting through the Dy. Chief Electrical Engineering(W)/S.E Railway/Kharagpur Workshop for carrying out the work according to the Indian Railways Standard General Conditions of contract April-2022 with upto date correction slip, special conditions, specification annex to the tender and standard specifications.

Care in submission of Tenders :

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 enters in the tender forms are adequate and all inclusive to accord with the provisions in Clause-37 of the Standard General Conditions of Contract for the completion of works to the entire satisfaction of the Engineer.

Tenderers 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 notified 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 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.

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.

Security Deposit mentioned shall be returned to the Contractor along with or after, the following: (a) Final Payment of the Contract as per clause 51.(1) of GCC April 2022 (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.

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 sub-contractor, 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 April 2022.