Replacement and Rectification of faulty OFC Cable beween Tatanagar-Badampahar Section.

• 1. 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 a s having been submitted by the individual who has signed the tender.
  2. After opening of the tender, any document pertaining to the constitution of Sole Proprietorship Firm/ Partnership Firm / Registered Company/ Registered Trust / Registered Society / HUF 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 file set c. will be taken for consideration of the tender, if no such mention is available in tender offer submitted.
  3. A tender from JV / Partnership firm etc. shall be considered only where permissible as per the tender conditions.
  4. The Railway will not be bound by any change 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.
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• The tenderer whether his own(Proprietary Firm)or on behalf of a Partnership Firm/Company/Joint Venture (JV)/Registered Society/Registered Trust/HUF etc shall also submit all documents as per instructions given in the General Conditions of contract- 2022(Second Sheet) wherever applicable. Tenderer are thus advised to read the same before submitting their bids and upload the required documents.

  Document optional

• A declaration regarding engagement/employment/ partnership etc. (or Not) of retired Railway employees should be uploaded by the Tenderer.

  Document required

• The list of personnel/organization on hand and proposed to be engaged for the tendered work. Similarly list of Plant & Machinery available on hand and proposed to be inducted and hired for the tendered work.

  Document required

• The tenderers shall submit a copy of certificate stating that all their statements/documents submitted along with bid are true and factual. Non submission of above certificate(s) by the bidder shall result in summarily rejection of his/their bid. It shall be mandatorily incumbent upon the tenderer to identify, state and submit the supporting documents (if any) duly self attested. NOTE- Format of Annexure V is also enclosed in document Tab for references.

  Document required

• For Sole Proprietorship Firm (i) An undertaking that he is not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of opening of bids, either in individual capacity or as a member of the partnership firm or JV in which he was / is a partner/member.

  Document optional

• For Partnership Firm :-

  1. A notarized copy of partnership deed.
  2. A notarized or registered copy of Power of Attorney in favour of the individual to tender for the work, sign the agreement etc. and create liability against the firm.
  3. An undertaking by all partners of the partnership firm that they are not blacklisted or debarred by Railways or any other Ministry / Department of the Govt. of India from participation in tenders / contracts as on the date of opening of bids, either in their individual capacity or in any firm in which they were / are partners.
  Document optional

• For Company registered under Companies Act-2013 :-

  1. The copies of MOA (Memorandum of Association) / AOA (Articles of Association) of the company
  2. A copy of Certificate of Incorporation
  3. A copy of Authorization/Power of Attorney 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.All other documents in terms Para 10 of the Tender Form (Second Sheet of the GCC)
  4. An undertaking that the Company is not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of opening of bids, either in individual capacity or as a member of the partnership firm or JV in which the Company was / is a partner/member.
  Document optional

• Registered Society & Registered Trust:

  1. A copy of Certificate of Registration
  2. A copy of Memorandum of Association of Society/Trust Deed
  3. A copy of Power of Attorney in favour of the individual to sign the tender documents and create liability against the Society/Trust.
  4. A copy of Rules & Regulations of the Society
  5. All other documents in terms of Para 10 of the Tender Form (Second Sheet of the GCC)
  Document optional

• LLP (Limited Liability Partnership)

  1. A copy of LLP Agreement
  2. A copy of Certificate of Incorporation
  3. 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.
  4. An undertaking by all partners of the LLP that they are not blacklisted or debarred by Railways or any other Ministry / Department of the Govt. of India from participation in tenders / 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.
  5. All other documents in terms of Para 10 of the Tender Form (Second Sheet of the GCC)
  Document optional

• HUF- 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 he has the authority, power and consent given by other members to act on behalf of HUF. (ii) An undertaking that the HUF is not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of opening of bids, either in individual capacity or as a member of the partnership firm or JV in which HUF was / is a partner/member.

  Document optional

• An undertaking by all partners/members of JV / HUF/proprietor etc, of the partnership firm or JV or HUF or Proprietorship Firm etc. as the case may be that they are not blacklisted or debarred by Railways or any other Ministry/ Department of the Govt. of India from participation in tenders/contracts as on the date of opening of bids, either in their individual capacity or in any firm in which they were / are partners/ members/Proprietors/HUF etc. as the case may be is to be submitted.

  Document required

• Clarification of Bids To assist in the examination, evaluation & comparison and prequalification of the Tender, the Railway may, at its discretion, ask any Bidder for a clarification of its Bid. Any clarification submitted by a Bidder that is not in response to a request by the Railway shall not be entertained or considered. The Railway request for clarification and the response of the bidder in this regard shall be in writing. However, if a Bidder does not provide clarification of its bid by the date and time communicated in the Railway request for clarification, the bid shall be evaluated as per the documents submitted along with the bid.

  Document optional

• The tenderer whether sole proprietor / a company or a partnership firm / 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.

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• The Tender Form(First Sheet) available in the document section must be filled in by the tenderer and uploaded duly filled in.

  Document required

Standard format of certificate to be submitted by the bidder is enclosed as per Annexure V.

In addition to Annexure-V, in case of other than Company/Proprietary firm, Annexure-V(A) shall also 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.

Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the General Conditions of Contract.

• All the instructions and Conditions mentioned in all the documents uploaded with the tender are applicable and binding to the contractors in this contract.

• The rates to be quoted are inclusive of GST and all other charges and taxes levied by the state as well as Central Govt. from time to time.

• Mandatory updation of Labour data on Railway's Shramikkalyan portal by the Contractor. In order to ensure prompt and proper uploading of details related to LOAs, engaged workmen, wage & other payment details, Railways/Pus etc. shall introduce a special condition in their tender documents of the tenders to be called henceforth (Authority-As per Rly. Bd.'s letter No.2018/CE- I/CT/4, dtd.17.10.2018). The special condition is as under :-

  1. Contractor is to abide by the provisions of Payment of Wages act & Minimum Wages act in terms of Clause 54 and 55 of Indian Railways General Condition of Contract. In order to ensure the same, an application has been developed and hosted on website 'www.shramikkalyan.indianrailways.gov.in'. Contractor shall register his firm/company etc. and upload requisite details of labour and their payment in this portal. These details shall be available in public domain. The Registration/updation of Portal shall be done as under:
     1. Contractor shall apply for onetime registration of his company/firm etc. in the Shramikkalyan portal with requisite details subsequent to issue of Letter of Acceptance. Engineer shall approve the contractor's registration on the portal within 7 days of receipt of such request.
     2. Contractor once approved by any Engineer, can create password with login ID (PAN No.) for subsequent use of portal for all LoAs issued in his favour.
     3. The contractor once registered on the portal, shall provide details of his Letter of Acceptance (LoA)/Contract Agreement on shramikkalyan portal within 15 days of issue of any LoA for approval of concerned Engineer. Engineer shall update (if required) and approve the details of LoA filled by contractor within 7 days of receipt of such request.
     4. After approved of LoA by Engineer, contractor shall fill the salient details of contract labours engaged in the contract and ensure updating of each wage payment to them on shramikkalyan portal on monthly basis.
     5. It shall be mandatory upon the contractor to ensure correct and prompt uploading of all salient details of engaged contractual labour & payments made thereof after each wage period.
  2. While processing payment of any 'On Account Bill' or 'Final bill' or release of 'Advance' or 'Performance Guarantee'/Security deposit', contractor shall submit a certificate to the Engineer or Engineer's representatives that " I have uploaded the correct details of contract labours engaged in connection with this contract and payments made to them during the wage period in Railway's Shramikkalyan portal at 'www.shramikkalyan.indianrailways.gov.in' till .......... Month ......... Year.
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• Indian Railway General Conditions of Contract (GCC)- 2022 updated with correction slips Issued up to date of inviting tender or as otherwise specified in the tender documents is applicable for this tender. Besides the Conditions of GCC- 2022, the Condition mentioned in the all uploaded documents are applicable and binding in this contract.

• After award of the Contract >>>> The Contractor will fill up and update the details of Contracts, Contractual Labour employed by him/her and related details as required by Railway on "Contract Labour Management Portal" e.g. "Shramikkalyan" portal of Indian Railway or any other portal or in Register - as Directed by Engineer-in-Charge for which no extra payments will be made.

• Clause 55 - B to GCC Provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952:The Contractor shall comply with the provisions of Para 30 & 36-B of the Employees Provident Fund Scheme, 1952;Para 3 & 4 of Employees' Pension Scheme, 1995; and Para 7 & 8 of Employees Deposit Linked Insurance Scheme, 1976; as modified from time to time through enactment of "Employees Provident Fund & Miscellaneous Provisions Act, 1952", wherever applicable and shall also indemnify the Railway from and against any claims under the aforesaid Act and the Rules.

• EPF and ESI registration would be mandatory wherever applicable and documents towards EPF and ESI registration shall be submitted before execution of the agreement failing which contract will be terminated. The labours deployed by the contractor for the entire work should have individual Bank account in their own name. The payment to the labour by the contractor should as far as possible be made through bank accounts of the individual labour as per the latest minimum wages issued from Chief labour commissioner (C).

• The Earnest Money Deposit(EMD) will be known as Bid Security for all purposes henceforth.

• The Bid Security shall be deposited either in cash through e- payment gateway or submitted as Bank Guarantee bond from a scheduled commercial bank of India or as mentioned in tender documents. The Bank Guarantee bond shall be as per Annexure- VIA and shall be valid for a period of 90days beyond the bid validity period. The Tenderer are advised to upload the Bid Security in case of BG as per Annexure VIA for BID SECURITY uploaded in document Tab. Also, the original Bank Guarantee should be delivered in person to the official nominated as indicated in the tender document within 5 working days before closing date for submission of bids (i.e. excluding the last date of submission of bids). Non submission of scanned copy of Bank Guarantee with the bid on e-tendering portal (IREPS) and /or non submission of original Bank Guarantee within the specified period shall lead to summary rejection of bid. NOTE- Bank Guarantee for Bid Security shall be Acting Through DRM/S&T/CKP and Beneficiary shall be PFA/S.E.Railway/Garden Reach/Kolkata.

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• In case, submission of Bid Security in the form of Bank Guarantee, following shall be ensured:

  1. A scanned copy of the Bank Guarantee shall be uploaded on e-Procurement Portal (IREPS) while applying to the tender.
  2. The original Bank Guarantee should be delivered in person to the official nominated as indicated in the tender document within 5 working days of deadline of submission of bids.
  3. Non submission of scanned copy of Bank Guarantee with the bid on e-tendering portal (IREPS) and/or non submission of original Bank Guarantee within the specified period shall lead to summary rejection of bid.
  4. The Tender Security shall remain valid for a period of 90 days beyond the validity period for the Tender
  5. The details of the BG, physically submitted should match with the details available in the scanned copy and the data entered during bid submission time, failing which the bid will be rejected
  6. The Bank Guarantee shall be placed in an envelope, which shall be sealed. The envelope shall clearly bear the identification "Bid for the ***** Project" and shall clearly indicate the name and address of the Bidder. In addition, the Bid Due Date should be indicated on the right hand top corner of the envelope.
  7. The envelope shall be addressed to the officer and address as mentioned in the tender document.
  8. If the envelope is not sealed and marked as instructed above, the Railway assumes no responsibility for the misplacement or premature opening of the contents of the Bid submitted and consequent losses, if any, suffered by the Bidder.(Sample copy of the Bank Guarantee Bond is available in document section as Annexure-VIA)
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• Permission to Bid for a bidder from a country which shares Land boundary with India: Any bidder from the countries sharing a land border with India will be eligible to bid in any procurement of works (including turnkey projects) only if the bidder is registered with the Competent Authority. The Competent Authority for registration will be the Registration Committee constituted by the Department for Promotion of Industry and Internal Trade (DPIIT), Government of India. For interpretation of this para, Department of Expenditure, Ministry of Finance, Government of India letter F.No.6/18/2019-PPD dated 23/07/2020 shall be referred.

• The GCC wherever mentioned in the Tender document will be understood as Indian Railway General Conditions of Contract- 2022 with latest amendments if any