Rajkot Division:- Various works at sports complex Rajkot.

• Participation of Partnership Firm in works tenders. Refer IRGCC para no 18.1 to 18.11 of Part-I April 2022 corrected up to date. (As per IRGCC April 2022, Para 18, Page 25 to 27).

  Document optional

• The tenderer should upload the scan copy of EPFO and ESI registration number. However EPFO and ESI registration would be mandatory and documents towards EPFO and ESI registration must be submitted before execution of the agreement.

  Document required

• The tenderer shall be required to submit Bid Security with the tender for due performance with the stipulation to keep the offer open till such date as specified in the tender, under condition of tender. (GCC April 2022 Part I Instructions to tenderers (ITT) para 5 Bid Security (1) (a,b,c),(2) (3)(i-viii).

  Document optional

• As per ACS-2, ACS -3 & ACS-4 of IRSGCC April 2022, in case of other than Company/ Proprietary firm, Annexure - V(A) shall be submitted by the each member of a Partnership Firm/ Joint Venture (JV)/ Hindu Undivided Family (HUF)/ Limited Liability Partnership (LLP) etc. as the case may be. Non submission of above certificate(s) by the bidder shall result in summarily rejection of his/ their bid. Proforma of Annexure-V(A) attached in documents

  Document required

Custom

• Bank details in the format attached in document uploaded.

  Document required

Special Conditions

• RCC / Structural design and drawing of structures shall be done by contractor as per approved GAD by Railway. the design and drawings submitted by the agency shall be checked / approved by Government Engineering College / University / NIT / IIT to Railway before starting the work at site. All the expenditure related to design, preparation of drawing, approval of Government College / University / NIT / IIT shall be borne by the agency. The decision of DEN / Sr. DEN will be final and binding. The same may scrutinized and approved by HQ Office, Churchgate, if required.

• 'Tenderers should submit their offer strictly in accordance with the terms and conditions of the tender document. Tenderer should not quote any deviation from the tender document and should not quote any conditions. Nevertheless, as an exception, if any unavoidable deviations or conditions are quoted by the tenderers, financial impact of each of such conditions / deviations on their quoted unit rates, in terms of Rupees per unit rate, shall be clearly mentioned by the tenderer in the tender offer. If any of the deviation / condition has no financial impact on the quoted rates, in such cases also, the tenderer must clearly mention its financial impact as 'NIL'. This is required for proper financial evaluation of such conditional / deviated offers. Conditional offers / offers with deviations, without quantified financial impact of each of the condition / deviation on the quoted rates, shall be considered as "incomplete" and shall be summarily rejected'. (In terms of CE(Works)CCG's Letter No. W.118/0/3/S.I(W6) dt. 27.06.16,). Any revision of rates / rebates submitted (quoted) through a separate letter whether enclosed with the bid (Tender Form) or submitted separately or mentioned elsewhere in the document other than specified place shall be summarily ignored and will not be considered. (Para-3 of tender form second sheet).

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• Special Provision in Connection with Para-26 (Page 56-57) of IRGCC April 2022 (As per Railway Bd's Letter No. 2012/CE- I/CT/0/20 dt 10/05/13).

• (A) In terms of provisions of new Clause 26A.1 to the General Conditions of Contract (GCC), contractor shall also employ following Qualified Engineers during execution of the allotted work:

  1. One Qualified Graduate Engineer when cost of work to be executed is Rs. 200 lakh and above, and
  2. One Qualified Diploma Holder Engineer when cost of work to be executed is more than Rs. 25 lakh, but less than Rs. 200 lakh.

• (B) Further, in case the contractor fails to employ the Qualified Engineer, as aforesaid in Para (A) above, he, in terms of provisions of Clause 26A.2 to the General Conditions of Contract, shall be liable to pay an amount of Rs. 40,000 and Rs. 25,000 for each month or part thereof for the default period for the provisions, as contained in Para A(a) and A(b) above respectively.

• As per para 26 A.3 Part (II), No. of qualified Engineers required to be deployed by the Contractor for various activities contained in the works contract shall be specified in the tender documents as 'Special Condition of Contract' by the tender inviting authority." (As per GCC April 2022, Para 26-A, Page 56.

• Restrictions on Arbitration Clauses. (As per IRGCC April 2022, Para 64 (I), Page 97).

• Demand for Arbitration As per clause No 64, GCC part-II April 2022 corrected up-to date. Settlement of disputes-Indian railway Arbitration and Conciliation Rules:- As per clause No 63, GCC part-II April 2022 corrected up-to date.

• These special conditions shall prevail over existing clauses 63 and 64 of General Conditions of Contract.

• The provision of clause 63 & 64 to the General Conditions of Contract will be applicable only for the settlement of claims or disputes between the parties for values less than or equal to 20% of the value of the contract provisions of clause 63 & 64 and (ii)When the claim of disputes are of value more than 20% the value of the contract, other relevant clause of the General Conditions of Contract will not be applicable and arbitration will not be a remedy for settlement of such dispute. The above special conditions shall prevail over existing clause 63 of the General Conditions of Contract.

• Guidelines for the Maintenance Period (As per IRGCC April 2022, Para 47, Page 82-83).

• 1) The tenderer/s shall be required to maintain the work effectively for a period of 06 Months. Maintenance period will commence from the date of completion as per Clause No.47 of the General Conditions of Contract. Security deposit will not be released until maintenance period is completed. For Zonal contracts, please see para below.

• 2) However, for a zonal work, the maintenance period shall be as under: As per Annexure-III, GCC part-I

  1. and
  2. April 2022 corrected up-to date.
     1. Repair and maintenance work including white/color washing: three calendar months from date of completion for each work-order.
     2. All new works except earth work: Six calendar months from date of completion for each work order.

• 3)To cover up monsoon period, the maintenance period will be extended in cases when required and contractor shall remain responsible for maintenance for this extended period also. The contractor shall make good and remedy at his own expense within such period as may be stipulated by the Engineer, any defect which may develop or may be before the expiry of this period and intimation of which has been sent to the contractor within seven days of the expiry of the said period by a letter, sent by hand delivery or by registered post. In case the contractor fails to make adequate arrangements to rectify the defects within seven days of the receipt of such notices, the Engineer without further notice may make his own arrangement to rectify the defects and the cost of such rectification shall be recovered from the Security Deposit of the contractor or from any other money due to the contractor under this or any other contract.

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• Special Condition for Tax Deduction:

• (1) In respect of works, the contract value of which is more than Rs. 5,000/- each, a deduction of 2% on the taxable payment from each of the Contractor's bills shall be made in terms of section 194(C) of the Income Tax Act of 1961 & 1991. (From time to time TDS will also be deducted along with I. Tax as per extent rules).

• (2) The Railway will deduct sales tax if leviable in a particular state where the work is going on, the gross amount of each bill while making payment to the contractor(s). The recovery shall be governed as per the guidelines & rates prescribed by the concerned State Government.

• (3) Any Other taxes The Contractor shall bear in full all taxes and royalties levied by the State Government and/or Central Government from time to time. This would be entirely a matter between the contractor and State Government/or Central Government. Railway will recover the taxes and royalties through final bills if the contractor fails to pay the taxes and royalties to the Government.

• Details of Inspection Register and Records to be maintained by Tenderer are as follows: 1)The Contractor/s shall maintain accurate records, plans and charts showing the dates and progress of all main operations and the Engineer shall have access to this information at all reasonable times. Records of tests made shall be handed over to the Engineer/s representative after carrying out the tests. The following registers will be maintained at site by the Contractor/s.

• 2)Site Order Register: The Contractor/s shall promptly acknowledge by putting his signature in the site order against any order given therein by the Engineer or his representative or his superior officers and comply with them. The Compliance shall be reported by the Contractor/s to the Engineer in good time so that it can be checked.

• 3)Labour Register: This register will be maintained to show daily strength of labour in different categories employed by the Contractor/s.

• 4) LOG book of events: All events are required to be chronologically logged in this book shift wise and date wise.

• 5) Cement & steel registers shall be maintained by the contractor.

• Applicability of Price Variation as per IRGCC April 2022 clause 46A.

• Applicability Price Variation Clause (PVC) shall be applicable only in tender having advertised value above Rs.2 Crores. Provided further that, in a contract where PVC is applicable, following shall be outside the purview of price adjustment (i.e. shall be excluded from the gross value of the work for the purpose of price variation). GCC April 2022 page 69 and Advance Correction Slip No.1(Rly. Board letter No.2022/CE- I/CT/GCC-2022/Policy date 14.07.2022).

• Price Variation Clause for Annual Maintenance Contract or Zonal Contract :- The price variation Clause of General Conditions of Contract shall not apply to a works contract which is either an Annual Maintenance Contract or a Zonal Contract as per Railway Boards letter No.2013/CE/I/CT/O/10-PVC-Pt.I dtd.27.01.2015.

• As per PCE/CCG Letter No. W 118/0 Vol. II (W6) date 14.06.2019 The security deposit against the contract shall be released only after the contractor has submitted the final PVC bill.

• Disaster Management:

• "All the available vehicles and equipment's of the contractor can be drafted by the Railway Administration in case of accidents/natural calamities involving human lives. The payment for such drafting shall be made according to the rates as shall be fixed by the Engineer. However, if the contractor is not satisfied with the decision of the Engineer in this respect he may appeal to the Chief Engineer within 30 Days of getting the decision of the Engineer, supported by analysis of the rates claimed. The Chief Engineer's decision after hearing both the parties in the matter would be final and binding on the contractor and the Railway".

• Emergency Work:

• In the event of any accident or failure occurring in the execution of work/ arising out of it which in the opinion of the Engineer requires immediate attention, the Railway may bring its own workmen or other agency/agencies to execute or partly execute the necessary work or carry out repairs if the Engineer-in-charge considers that the contractor(s) is/are not in a position to do so in time without giving any notice and charge the cost thereof, to be determined by the Engineer-in-charge, to the contractor.

• Damage by Accident/ Flood/ Tides or Natural Calamities The Contractor shall take all precautions against damages from accidents, floods tides or other natural occurrences. He shall not be entitled to any compensation for his tools, plants, materials, machines and other equipment lost or damaged by any cause whatsoever. The Contractor shall be liable to make good the damage to any structure or part of a structure, plant or material of every description belonging to the Railway covered under the Contract, lost or damaged by him due to any cause during the course of execution of work. The Railway Administration will not be liable to pay the contractor any charge for rectification or repair to any damage which may have occurred from any cause what so ever.

• Tender Credentials As per para no 11 of GCC April 2022 Part-I corrected up to date. Non-compliance with any of the conditions set forth therein above is liable to result in the tender being rejected clause no 12 Part-I of GCC April 2022 corrected up to date. (As per GCC April 2022, Para 11, Page 16-17).

• Procedure for contractual payment after implementations of GST Act 2017 (Railway Board's letter no. 2017/CE-I/CT/4/GST dated 29/06/2017, Circulated by CE(Works) CCG vide Letter No. W118/0 VOL. IX (W6) dated 30.06.2017 for implementation of GST ACT' 2017).

• Inclusion of LETTER OF CREDIT as mode of payment. In works tenders or service tenders invited by railways through E tendering on IREPS, having advertising value of Rs.10 lakhs and above (as per railway Bd's letter no 2018/CE-I/CT/9 dt 04/06/2018).

• Specifications and Special Conditions for Supplying and utilizing Ordinary Portland Cement.

• 1. The cement shall be procured in lots commensurate with the programmed progress of the work and shall be transported and stacked into IOW's godown at contractor's cost and from there the requirement for day to day use shall be drawn by the contractor against hand receipt. The cement shall not be directly taken to the site of work.
  2. Cement so procured by the Contractor shall be fresh conforming to IS 8112-1989 or latest IS cement code. After a receipt of each lot of at IOW's godown a sample of cement at the direction of Engineer shall be tested for initial / final setting time, compressive / Tensile strength at contractor's cost. Only on receipt of satisfactory certificates this cement shall be allowed to be used on works. The procurement of cement shall be panned by the contractor so that it does not effect the progress of works.
  3. The contractor shall have to submit the cash memo along with the lot of cement purchased from the various retailers / cement factory to IOW in taken proof of purchase of cement from reputed dealer. No cement shall be accepted by the IOW without cash memo.
  4. Although cement payment is in No. 50 Kg bags as per items total quantity so paid shall be limited to quantity actually used in works subject to further not exceeding the quantity laid down in works Hand book Part-III whichever is less. No payment shall be procured from authorized dealer / cement factory and the receipt shall be furnished on demand. All empty bags shall be taken away by the contractor after use of cement and cost of empty cement bags shall not form part of quoted rates against this items.
  5. The Railway will take responsible care of cement in their custody handed over by the contractor. However if the cement bags are damaged during storage while taking away for use in the work railway shall not be responsible for the same and no claim of payment shall be admissible on such damaged cement. However, contractor shall be allowed to take away this cement at his own cost.
  6. Cement consumption register shall be meticulously maintained giving quantity of work done / consumption of cement of each day.
  7. Cement bags left out after completion of work shall be taken by the contractor and the railway shall not make the payment against these bags.
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• Specifications of Steel Items Reinforcement Steel (TMT Bars) and Structural Steel. (A)All Reinforcement Steel (TMT Bars) and structural Steel shall be procured as per specifications mentioned in BIS's documents - IS : 1786 and IS : 2062 respectively. Independent tests shall be conducted, wherever required, to ensure that the materials procured conform to the specifications. (B)Steel shall be procured only from those firms, which are established, reliable, indigenous and Primary producers of steel, having integrated steel plants (ISP), using iron ore as the basic raw material and having in-house iron rolling facilities, following by production of liquid steel and crude steel, as per Ministry of Steel's guidelines. e.g. "SAIL/TISCO/JINDAL/RINL/ESSAR/IISCO". (C)However, only certain isolated sections of structural steel, not being rolled by ISPs, can be procured from the authorized re-rollers of ISPs or authorized licensee of BIS having traceability system and who use billets produced by ISPs. (D)The steel procured shall be reasonably free from cracks, surface flaws, laminations, rough and imperfect edges and all other harmful defects. Steel sections, shall be free from excessive rust, scaling and pitting and shall be will protected. The decision of the Engineer regarding rejecting any steel section on account of any of the above defects shall be final and binding. (E)Structural steel work shall conform to the requirement as specified in Indian Railway Unified Standard Specifications (Works and Materials) Vol. I & II . (F)Necessary purchase bill along with test certificate for steel shall be obtained and submitted to the Engineer in Charge. Steel without the test certificate from approved laboratory/ Engineering College shall not be used in the work. Certified copy of the same shall be submitted to Divisional Office along with running bills/final bills. Steel shall be tested for Tensile strength and bend test as per IS : 1599 as specified in Indian Railway Unified Standard Specifications (Works and Materials) Vol. I & II. (G)Quantity for this item shall be calculated as per nominal weight of steel section for the actually used in the work. No payment will be made for the wastage and the contractor will be allowed to take away the scrap and excess steel away from site. (H)The contractor shall be responsible for getting the measurement of steel entered in to steel register and signed by the Engineer in charge of the work before concreting is done to avoid dispute regarding quantity of steel used in the work. (I)The rates quoted for this item is deemed to be inclusive of the cost of binding wire and no separate payment shall be admissible for the same. (J)The steel shall be kept by the contractor under his custody at the site of work and Railway will not be responsible for any theft thereof. (K) The quantity so payable under relevant item shall be restricted to the quantity as per approved plan/drawing and decision of the Engineer in Charge in this regard shall be final and binding upon the contractor.

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• Special condition for the work attached in documents.

• 17B Extension of Time with Liquidated Damages (LD) for delay due to Contractor: The time for the execution of the work or part of the works specified in the contract documents shall be deemed to be the essence of the contract and the works must be completed not later than the date(s) as specified in the contract. If the Contractor fails to complete the works within the time as specified in the contract for the reasons other than the reasons specified in Clause 17 and 17A, the Railway may, if satisfied that the works can be completed by the Contractor within reasonable short time thereafter, allow the Contractor for further extension of time (Proforma at Annexure-VII) as the Engineer may decide. On such extension the Railway will be entitled without prejudice to any other right and remedy available on that behalf, to recover from the Contractor as agreed damages and not by way of penalty for each week or part of the week, a sum calculated at the rate of Liquidated Damages as decided by Engineer, between 0.05% to 0.30% of contract value of the works for each week or part of the week. [ACS No.01 of dated 14.07.2022]

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The said letter is attached for reference.

Technical-Compliances

• Restrictions on the Employment of Retired Engineers of Railway Services Within One Year of their Retirement: As per IRGCC April 2022, Para 59.9, Page - 91.

• Performance Bank Guarantee As per Clause No. 16.(4) of GCC Part-I, April 2022 corrected up to date. (As per GCC -April 2022, Para 16.(4), Page 48-49) Performa Attached.

• The tenderer shall be required to submit the Bid Security with the tender as per Para-5, Part-I of IRSGCC April 2022 corrected up to date.

• Joint Venture Firms shall be applicable to the works tenders of value more than Rs.10.00 Crore.

• All the members of JV shall certify that they are not black listed or debarred by Railways or any other Ministry/ Department/ /PSU (Public Sector undertaking) of the Govt. of India/ State Govt. from participation in tenders / contract on the date of opening of bids either in their individual capacity or as a member of the JV firm in which they were / are members.