Veraval : Upgradation of station in Phase II.

• Standard schedule Items/rates shall mean the Items/Rates in the Indian Railways Unified Standard Schedule of Rates 2019 and Indian Railways Unified Standard Specification 2019 with up to date correction slip, And /OR CPWD Delhi schedule of rate 2019( DSR-Vol.-I and Vol.-2 ,DSR Horticulture and landscaping, specification ( Vol-I and Vol-II) & Horticulture& landscaping with up to date correction slip. Whichever is applicable

• Where there is any conflict in conditions/Specifications contained in various parts, order of precedence will be as given below

• Any foot note given by the Railway in the schedule of quantities and rates.

• Description of item in the Schedule of Quantities and rates.

• Special Specifications

• Additional Special Conditions/of Contract.

• Standard Specifications.

• Special Conditions of Contract & General Conditions of Contract April 2022 corrected upto date

• Stamp Duty is applicable as per Stamp Act with latest amendments as applicable in the State.

• Rights of the Railway to deal with Tender As per GCC April 2022, Para 7, 8 & 9 Tender Form (Second Sheet), PART I Instructions to Tenderers (ITT).

• 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.

• If the tenderer(s) 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.

• (iii)If any partner(s) of a partnership firm expires after the submission of its tender or after the acceptance of its tender, the Railway shall deem such tender as cancelled/contract as terminated under clause 61 of the Standard General Conditions of Contract, unless the firm retains its character as per partnership agreement. If a sole proprietor expires after the submission of tender or after the acceptance of tender, the Railway shall deem such tender as cancelled / contract as terminated under clause 61 of the Standard General Conditions of Contract.

• Payment of Royalty Charges All taxes, royalty charges, etc. of whatever nature in connection with the work including extraction and supply of rubble stone/stone ballast/sand/moorum earth or any other material used on the work shall have to be borne by the Contractor. The Contractor will be required to obtain a royalty clearance certificate from the concerned Revenue Authorities/Collector and produce the same to the Engineer after completion of the supply but before release of the final bill.

• Royalties and Patent Rights

  1. The Contractor shall defray the cost of all royalties, fees and other payments in respect of patents, patent rights and licenses which may be payable to patentee, licensee or other person or corporation and shall obtain all necessary licenses.
  2. The contractor shall indemnify, the Railway or any agent, servant or employee of the Railway against any action, claim or proceedings relating to infringement use of any patent or design any alleged patent or design rights and shall pay any royalties or other charges which may be payable in respect of any articles or materials or part thereof included in the contract. In the event of any claim being made or action being brought against the Railway or any agent, servant or employee of the Railway in respect of any such matters, as aforesaid, The contractor shall indemnify notified thereof. Provided that such indemnify shall not apply when such infringement has taken place in complying with the specific direction issued by the Railway but the contractor shall pay any royalties or other charges payable in respect of any such use.
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• Final bills of Ballast supply contracts are to be passed on submission of Royalty Clearance Certificate by the contractor from the concerned Revenue Authorities/ Collectors.

• SPECIAL CONDITION FOR TAX DEDUCTION

• In respect of works, a deduction of 2% from each of the Contractor's bills shall be made in terms of section 194(C) of the Income Tax Act of 1961 & 1991 and as per instructions issued from time to time (Surcharge will also be deducted along with I. Tax as per extent rules).

• 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 guide lines & rates prescribed by the concerned State Government.

• 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 ARE TO MAINTAINED BY TENDERER ARE AS FOLLOWS:

• 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.

• 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.

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

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

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

• INCLUSION OF LETTER OF CREDIT AS MODE OF PAYMENT For all the tenders having advertised cost of Rs 10 lakh or above, the contractor shall have the option to take payment from Railways through a letter of credit(LC)arrangement. (Railway Board's letter no. 2018/CE-I/CT/9 dated 04.06.2018)

• CHANGE IN ADDRESS Any change in the address of the contractor shall be forthwith intimated in writing to the Railway. The Railway will not be responsible for any loss/ inconvenience suffered by the Contractor on account of his failure to comply with this.

• Performance Guarantee As per ACS-11 dtd 13.03.2026 Para 16(4)(h) Introduced to GCC Apr2022 is as under Para 16(4)(h) If a tender is accepted on the quoted rates of bidder which is below the advertised tender value, an additional performance security shall be submitted by bider as below - Bid quoted Below 0 to 5 % (inclusive) of advertised cost - Additional Performance Guarantee (%) = NIL Bid quoted Below 5 % - of advertised cost - Additional Performance Guarantee (%) = 5%

Special Conditions

• Security Deposit (As per Clause No. 16.(1), 16.(2)

  1. , 16. (2)
  2. , 16.(3) Part-II of GCC April 2022)

• The Security Deposit against the contract shall be released only after the contractor has submitted the final PVC bill wherever applicable. (PCE/CCG letter no. W.118/0 Vol. II (W6) dated 14.06.2019)

• Performance Guarantee (As per Clause No. 16.4 (a to g) Part-II of GCC April 2022) 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 22nd day 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.

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• Force Majeure Clause & Extension of Time in Contracts (As per Clause No. 17, 17(A) (i to iii), 17B Part-II of GCC April 2022)(GCC 2022 ACS 1.

• VARIATIONS IN EXTENT OF CONTRACT (As per Clause No. 41, 42(1), 42(2) (i to v), 42(3),17B Part-II of GCC April 2022)

• Vitiation The aspect of Vitiation if any, shall be governed as per Railway Board's Transformation Cell Letter no 2017/Trans 01/policy dated 08.02.2018.

• In zonal contracts, the variation in the contract should not exceed 25% of the contract value.

• APPLICABILITY OF PRICE VARIATION CLAUSE (AS PER Para 46A, Part-II of GCC April 2022)(GCC 2022 ACS 1.

• 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 adjustments (i.e. shall be excluded from the gross value of the work for the purpose of price variation) :

  1. Materials supplied by Railway to the Contractors, either free or at fixed rate;
  2. Any extra item(s) included in subsequent variation falling outside the purview of the Bill(s) of Quantities of tender, under clause 39. (1)(b) of these Standard General Conditions, unless applicability of PVC and 'Base Month' has been specially agreed, while fixing the rates of such extra item(s). (Para 46A.1 GCC April 2022)(GCC 2022 ACS 1.

• The Price Variation Clause (PVC) of General Conditions of Contract (GCC) shall not apply to such a works contract which is either an Annual Maintenance Contract (AMC) or a Zonal Contract. (Railway Board's letter No. 2013/CE- I/CT/O/10/PVC/Pt.1. dtd. 27.01.2015).

• Provisions of Contract Labour (Regulation and Abolition) Act, 1970 (Shramik Kalyan) (As per Clause no. 54, 54-A, 55-A (1 to 5), 55-B, 55-C & 55-D, 56, 57, 57-A, 58, 59(01 to 09) & 60(01 to 04) (Part-II of GCC April 2022)

• Provision of Efficient and Competent Staff at Work Sites by the contractor. (Part-II STANDARD GENERAL CONDITIONS OF CONTRACT of GCC April 2022) In terms of provisions of Clause 26 A to the General Conditions of Contract (GCC), Contractor shall also employee 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.

• Further, in case the contractor fails to employ the Qualified Engineer, as aforesaid in Para

  1. &
  2. 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.

• Provision for deployment of Qualified Engineers (Graduate Engineer or Diploma Holder Engineer) shall be for the values as prescribed above. However, for the works contract tenders, if it is considered appropriate by the tender inviting authority, not to have the services of qualified engineer, the same shall be so mentioned in the tender documents by the concerned Executive with the approval of Officer not below the level of SAG Officer, for reasons to be recorded in writing. (Railway Board's letter No. 2012/CEI/CT/O/20 dtd. 10.05.2013)

• As per para 26 A.3 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." (Part-II STANDARD GENERAL CONDITIONS OF CONTRACT of GCC April 2022)

• In terms of Railway Board's letter No.; 2012/CE-I/CT/0/20 dated 12.07.13 it has also been decided that for Track related contractual works of values, as specified in Railway Board's letter No. 2012/CE-I/CT/0/20 dated 10.05.13, Individual having Diploma in Railway Engineering awarded by IPWE (India) shall also be considered as qualified Diploma Holder Engineers and contractors for Track contract works can employ such Individuals at their work site on Indian Railways

• Observance of Bonded Labour System (Abolition Ordinance Act, 1975) The "Bonded Labour System (Abolition Ordinance, 1975)" would apply to the present contract. The contractors shall duly observe the provisions thereof

• CHILD LABOUR (PROHIBITION AND REGULATION) ACT- 1986. The employment of any person less than fifteen years (15 years) of age shall be prohibited from Railway's works. The contractor shall be responsible for confirming to the provisions of the act and Railway shall stand indemnified from and against any claims/penalty under the aforesaid act.

• Provisions of "The building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and "The Building and other Construction Workers Welfare Cess Act, 1996" in Railway Contracts. The tenderer for carrying out any construction work in Gujarat State, must get themselves registered from the Registering Officer under section-7 of the Building and Other Construction Workers Act, 1996 and rules made thereto by the Gujarat Govt. and submit certificate of Registration issued from the Registering Officer of the Gujarat Govt. (Labour Department). As per this Act, the tenderer shall be levied a cess @ 1 % of cost of Construction work which would be deducted from each bill. (Railway Board letter no. 2008/CE-I/CT/6 dated 09.07.2008 and 2008/CE-I/CT/6 dated 29.11.2013)

• SETTLEMENT OF DISPUTES - INDIAN RAILWAY ARBITRATION AND CONCILIATION RULES (Para 63 & 64, Part-II STANDARD GENERAL CONDITIONS OF CONTRACT of GCC April 2022) Jurisdiction of courts in arbitration cases/suits arising out of Contract agreements: If any dispute arises between the parties with respect to this agreement, any application or suit shall be instituted only in the court with the local limits of whose jurisdiction, the Western Railway's Divisional Headquarters Office is situated and both the parties shall be bound by the clause. (CE-Circular No. 11/ HQ Office letter No. W/623/5/ARB/1 dt. 18.04.2000)

• Guideline for the Maintenance of Works (Para 47, Part-II STANDARD GENERAL CONDITIONS OF CONTRACT of GCC April 2022)

• The tenderer/s shall be required to maintain the work effectively for a period of Six (06) months and /or as mentioned in special condition

• However, for a zonal work, the maintenance period shall be as

  1. Repair and maintenance work including white/color washing: three calendar months from date of completion.
  2. All new works except earth work: Six calendar months from date of completion. (As per Annexure-III, PART I Instructions to Tenderers (ITT))

• 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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• Offloading of Part(s) of Work At the final stage of completion/ commissioning of work, in case the contractor fails to complete the final part(s) of the work and the value of such part(s) of the work is limited to 5% of the original contract value, the Engineer may allow/decide for offloading of such part(s) of works, either after the Contractor's request in writing to do so or after serving a 14 (Fourteen) days suo-moto notice (as per annexure- VIIA), if the Engineer is of the opinion that :-

  1. Such Offloading of works (up to 5% of original contract value) would enable successful completion of contract/work,
  2. Termination/ Part termination of the contract at this stage is not be in the interest of the Railway/work;, and
  3. The anticipated additional cost for execution of such works through other mode would not be substantial and can be recovered from the pending dues of the contractor; The Contractor shall be informed, in due course, by the Engineer of the mode and cost of execution of such offloaded work through other agency(ies) (as per annexure- VIIB). The extra expenditure so incurred in execution of the offloaded work, shall be recovered from subsequent Bill(s) or any other dues of the Contractor, but not exceeding the value of Performance Guarantee available in the contract. There shall be no other repercussion of such offloading on execution of the balance contract. The Contractor shall have no claim on account of above mentioned offloading of works. (As per Clause No. 40(A) Part-II of GCC April 2022)
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Railway Board letter no. 2022/CE-I/CT/GCC- 2022/Policy dated 14.07.2022).

(Railway Board's letter No. 2012/CE-I/CT/O/20 dtd. 10.05.2013)

Technical-Compliances

• Material invoices submitted by agencies The original invoice of material should be obtained to ensure traceability & usage for each and every material component (e.g. steel, cement etc.)". Details such as agency, name of project, site location shall be noted on the invoices. (Ref. letter no. WR- HQENGG(WWTC)/2/2021/E-426740 Date:29.01.2024 and 08.02.2024)

• 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, Audited Balance Sheet duly certified by the Chartered Accountant regarding contractual payments received in the past, the list of personnel /organization on hand and proposed to be engaged for the tendered work, list of Plant & Machinery available on hand and proposed to be inducted and hired for the tendered work and copy of certificate stating that they are not liable to be disqualified and all their statements/documents submitted along with bid are true and factual in Standard format to be submitted as per Annexure attached.

• Evaluation of Tender There will be no post tender correspondence. Tender will be decided based on document submitted by tenderer along with the tender. Tenderer shall submit adequate documentary proof of having fulfilled the eligibility criteria. There will be no back reference to confirm credentials, except for the purpose of verifying the certificates submitted along with the tender. If the tenderer do not submit any proof of meeting with eligibility criteria as laid down in the NIT and tender conditions, offer shall be treated as incomplete and shall be summarily rejected. (PCE CCG's letter no. W/118/0 (Policy)(L)(W6) dated 28.11.14 & 29.06.2016)

• Multiple L-1 In case of 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 three previous financial years and the current financial year upto the date of opening of the tender, may be selected for the award. (Railway Board's letter no. 2017/Trans/01 /Policy dated: 08.02.2018)

• 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)

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• Assignment or Subletting of Contract As per Clause No. 7 Part-II of GCC April 2022)

• Certificate of Information regarding Employment/Partnership etc. of Retired Railway Employees with the tenderer as per the attached Performa.