Supply, Installation, Testing & Commissioning of Complete Set comprising of Automation of Acid Dilution, Filling & Neutralization Process of LMLA Battery during POH at Battery/Cell Section at C & W W…

• All the bidders/tenders should ensure that they are GST complaint and their quoted tax structure/rates are as per GST Law.(Please upload certificate of GSTIN registration).

  Document required

• Copy of Labour License obtained from Labour Commissioner.

  Document required

• Copy of EPFO Registration and ESIC Registration along with proof of PF deducted and submission of deducted PF to EPFO on monthly basis.

  Document required

• Copy of PAN, GST Certificate, Original NEFT Mandate verified from Bank, Original Cancelled cheque leaf, applicable for 01stOn- Account Bill only.

  Document required

• Furnish the List of Work completed work as mentioned in GCC-2022.

  Document required

• Furnish the Audited balance sheet duly certified by the Chartered Accountant for last three years.

  Document required

• Please Submit your bank details.

  Document required

• The Tenderer/Contractor will have to accept and opt to take payment from Railway through a Letter of Credit (LC)arrangement, Modalities of the same will be as per Director Finance/CCA, Railway Board letter No. 2017/AC II/9/10 Pt. I dated 20.02.2018 (RBA No. 10/2018), 2017/AC II/9/10 Pt. 3dated 09.05.2018 (RBA No. 48/2018)and 2018/CE-I/CT/9 dated04.06.2018, ; copies of which are available in the Document Section of this Tender. However, this is subject to the required system has already been finalized and become operative by the concerned Accounts Department of Railway at any point of time. Therefore, the Tenderer has to agree in this respect and exercise his/her/their Option to this effect as per format available in the Document Section.

  Document optional

• 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.

  Document optional

• This option of taking payment through LC arrangement has to be exercised in IREPS (Indian Railway Electronic Procurement System - the e-application on which tenders are called by Railways) by the tenderer at the time of bidding itself and the tenderer shall affirm having read over and agreed to the terms and conditions of the LC option.

  Document optional

• The option so exercised, shall be an integral part of the bidder's offer. The above option of taking payment through LC arrangement ,once exercised by tenderer at the time of bidding, shall be final and no change shall be permitted, thereafter, during execution of contract.

  Document optional

• In case tenderer opts for payment through LC, following shall be the procedure to deal release of payment through LC:

  Document optional

• The LC shall be a sight LC.

  Document optional

• The contractor shall select his Advising/Negotiating bank for LC. The incidental cost towards issue of LC and its operation there of shall be borne by the contractor.

  Document optional

• SBI, New Delhi, Main Branch will be the nodal branch for issue of LCs based on online requests received from Railway Accounts Units for tenders opened since financial year 2018-19. SBI branches where the respective Railway Accounts Office has its Account (local SBI branch) will be the issuance/reimbursing branch for LC issued under this arrangement. The Bank shall remain same for this tender till completion of contract. The incidental cost @ 0.15% per annum of LC value, towards issue of LC and operation thereof shall be borne by the contractor and shall be recovered from his bills.

  Document optional

• The LC shall be opened initially for duration of 180 to 365 days in consultation with contractor. The LC shall be extended time to time as per the progress of the contract, on the request of the contractor. The value of LC to be opened initially as well as extended thereafter shall be finalized by the engineer in consultation with the contractor on the basis of expected progress of work.

  Document optional

• The LC terms and conditions shall inter-alia indemnify and save harmless the Railway from and against all losses, 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 relation to the Letter of Credit (LC). All sums payable/borne by Railways on this account shall be considered as reasonable compensation and paid by contractor

  Document optional

• The LC terms and conditions shall inter-alia provide that Railways will issue a Document of Authorization (format enclosed as Annexure 2) after passing the bill for completed work, to enable contractor to claim the authorized amount from their bank.

  Document optional

• The acceptable, agreed upon document for payments to be released under the LC shall be the Document of Authorization.

  Document optional

• The Document of Authorization shall be issued by Railway Accounts Office against each bill passed by Railways.

  Document optional

• On issuance of Document of Authorization, a copy of Document of Authorization shall be posted on IREPS for download by the contractor. A digitally signed copy of Document of Authorization shall also be sent by Railway Accounts Office to Railway's bank(Local SBI Branch).

  Document optional

• The contractor shall take print out of the Document of Authorization available on IREPS and present his claim to his bank (advising Bank) for necessary payments as per LC terms and conditions. The claim shall comprise of copy of Document of Authorization, Bill of Exchange and Bill.

  Document optional

• SBI Branch).

  Document optional

• Bank (Local SBI Branch).

  Document optional

• The Railways bank (issuing bank) shall, after verifying the claim so received w.r.t. the digitally signed Document of Authorization received from Railway Accounts Office, release the payment to contractor's bank (advising bank) for crediting the same to contractors account.

  Document optional

• to contractor is within the amount for which LC has been opened.

  Document optional

• any, to the contractor.

  Document optional

• railway with the contractor i.e., not through LC.

  Document optional

• Electrical Contractor License The contractor shall fulfill valid Electrical Contractor License requirement as per IE Rule 1956 clause no-45 along with Electrical Supervisory License. The same shall be submitted along with the offer, failing which the offer will summarily rejected.

  Document required

• Police Verification of Antecedents of Contractual Staff through online mode as per Sr. DSC /RPF/ER/HWH's letter No. HWH/Contractual Labour/2024 dt. 26.11.2024 (Letter uploaded in Document Section).

  Document required

At the time of submission of bid, if you have any special condition then upload in scanned PDF copy.

However , The Railway shall have the right to incorporate any such condition quoted by Tenderer, in the contract, at its discretion.

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.

Technical-Compliances

• Particular of similar contract, if any, handled by the tenderer previously with Govt. or Semi Govt. Concerns should be attached with the tender document, quoting its money value. Credential of this nature is essential. Documents testifying tenderer for previous experience and financial status should be produced along with the tender or when desired by competent authority of this Railway. Tenderer(s) who has/have not carried out any work so far in this Railway and who is/are not borne in the approved list of the contractors of Eastern Railway, should submit along with his/her/their tender credentials to establish:

  1. His/Her/Their capacities to carry out the works satisfactorily.
  2. His/Her/Their financial status should be supported by Bank reference and other documents.
  3. Certificates, duly attested, and testimonials regarding Contracting Experience for the type of job for which tender is invited with list of works carried out in the past. The Tenderer will have to upload necessary authenticated and proper document in respect of the above, along with Tender Offer.
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• WARRANTY Successful tenderer is to give a warranty for the good performance of the equipment's supplied / work done by them for 12 months from the date of handing over to the Railway Administration. If the same become defective, due to bad workmanship or sub-standard materials within the warranty period, the successful tenderer shall have to rectify the defects / replacement of materials at Workshop/Depot, free of cost. The firm on receipt of the failure intimation must attend the defective equipment within 24 hrs. to decide jointly with the purchaser the time of rectification which is depending upon the nature of the defect and the firm shall have to rectify the defect / replace the materials within the approved time to rectification failing of which the warranty period will be extended by the time of delay on firm's accounts.

  Document optional

• IMPROVEMENT OF QUALITY OF WORKS (Provision of Efficient and Competent Staff at Work Sites by the Contractor).

  Document optional

• 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.

  Document optional

• The whole of the works and/or supply of materials specified and provided in the contract or that may be necessary to be done in order to form and complete any part thereof shall be executed in the best and most substantial workman like manner with materials of the best and most approved quality of their respective kinds, agreeable to the particulars contained in or implied by the specifications and as referred to in and represented by the drawings or in such other additional particulars, instructions and drawings given during the carrying on of the works and to the entire satisfaction of the Engineer according to the instructions and directions which the Contractors may from time to time receive from the Engineer. The materials may be subjected to tests by means of such machines, instruments and appliances as the Engineer may direct and wholly at the expense of the Contractor.

  Document optional

• Revision of Taxes (GST etc.) : Rates are mentioned in the tender schedule are inclusive of all taxes and charges based upon GST @ 18%.Tenderers' rates shall be considered as inclusive of 18% GST prior to22.09.2025; if not specified otherwise by the respective tenderer. Any revision in tax structure at the time of issuing LOA and/or at any later time during the currency of the contract, original or extended period, shall be applicable at the sole discretion of Railway; and so the accepted rates (inclusive of all taxes and charges shall accordingly be increased/decreased whatsoever.

  Document required

• ERRORS OMISSIONS AND DISCREPANCIES The tenderer/ contractor shall not take advantage of any misinterpretation of the conditions due to typing or any other error and if any in doubt shall bring it to the notice of the Engineer without delay. In case of any contradiction, only the printed rules and books should be followed and no claim for the misrepresentation shall be entertained.

  Document required

• Any Specification/STR/CMI/Drawing etc. mentioned in this document, or elsewhere in the documents uploaded including NIT, should be considered along with its latest version at any point of time. Any modification/updation/revision/corrected from time to time will be applicable during the Currency of Contract.

  Document required

• In compliance to Public Procurement Policy (Preference to Make in India), Order 2017 issued on 19.07.2024 and Railway Board's letter No.2020/RS(G)/779/2-Part(1) dt. 08.05.2025 which provides that "incases of procurement for a value in excess of Rs. 10 Crores, the 'Class-I local supplier'/'Class-II local supplier shall be required to provide a certificate from the statutory auditor or cost auditor of the company (in the case of companies) or from a practicing cost accountant or practicing chartered accountant (in respect of suppliers other than companies) giving the percentage of local content". The said certificate will be verified by Railway through UDIN (a system generated unique number which is generated to verify the authenticity of documents attested/certified by these professionals) for faster verification of submitted certificates. Bidders must ensure the same failing which offer is liable to be rejected.

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Custom

• The Tenderer must fill up, sign and upload the Tender Form, Annexure-VIB in the prescribed format of GCC as laid down in GCC uploaded in the Document Section of NIT failing which the Bid maybe rejected.

  Document required

• The tenderers shall submit requisite information as per Annexure-VIB of GCC-2022, along with copies of Audited Balance Sheets duly certified by the Chartered Accountant/ Certificate from Chartered Accountant duly supported by Audited Balance Sheet as per prescribed format GCC-2022 (as per latest correction slip) failing which, the offer may be rejected.

  Document required

• Tenderer must give declaration regarding Clause No. 16 of Part-I of GCC, 2022 which is as follows:- Employment/Partnership etc. of Retired Railway Employees:

  1. Should a tenderer
     1. 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
     2. 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,
     3. 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 incase 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.
  2. 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.
  3. 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 than1% 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.
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• If the equipments become defective, due to bad workmanship or sub-standard materials within the warranty period, the firm should be attended to immediately upon receipt of a call from the Railway and rectified within 24 hrs. Failure to do so shall attract a penalty of Rs. 2,000/- (Rupees Two Thousand only) per day.

• Income Tax The payment is subject to deduction of Income Tax as applicable as per extent rule.

General Instructions

• BOOK OF REFERENCE General Conditions of Contract, 2022, hereinafter mentioned as GCC 2022, of Indian Railways. There will be an overall binding of Indian Railways; General Conditions of Contract, 2022; hereinafter or elsewhere mentioned as GCC, 2022 amended/revised/ modified/corrected from time to time, irrespective of before or after opening of this e-tender, upon the tender or contract.

• The works are required to be completed within the specified period in NIT HEADER from the date of issue of acceptance letter.

• Electronic tender box will be opened after the closing time as shown in the NIT/IREPS website, as per procedure. Tenderers shall not be required to be present in the Office of Dy. Chief Electrical Engineer (W)/Liluah for any e- Tender opening process. They can obtain totally transparent Bid Tabulation Statement by logging in IREPS website after tender opening. All the participating tenderers who will submit valid e- Tender offer can view their own offer details as well as tender tabulation statement after tender opening from any location using internet access by visiting the website: www.ireps.gov.in instantly after opening of the electronic tender box, by clicking on the icon. Railways do not guarantee opening of the tender on or after the specified date and time due to reasons beyond control of the Railway Administration. Hence the e-Tender can be opened after the specified due date and time also. It will, however, be ensured that no offer is submitted after the specified date and time for the subject e-Tender. Tenderers cannot submit/modify any offer or attach any file to it after the closing date and time as stipulated in the e-Tender Notice. IREPS does not permit any alteration, modification, deletion of any entry or condition offered by the tenderer in the e- Tender, after closure of the electronic tender box.

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• 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 no tenderer(s) shall 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.

• Vide Railway Board's letter No. 2018/E(LL)/AT/CNR/3 dated 24.01.2018, every contractor must abide by and ensure compliance to statutory provisions of applicable Labour Laws and various Labour Legislations, as applicable, when they are engaging workmen for execution of Works Contracts awarded by Railways. Details of the above are clearly mentioned in the said letter of Railway Board; copy of which can be seen in the Document Section of this Tender. 'Successful Bidder/tenderer' or 'Contractor' shall have to submit an Undertaking stating that they shall abide by the above instructions meticulously, to pay the Minimum Wages and others facilities as per provisions of the above Labour Legislations/Laws; and in case of any deviation/noncompliance in respect of above laws/legislations; or any complaint is received to that effect, the Contractor will be solely responsible and Railway will take up necessary punitive/penal proceedings under relevant laws against the default/accused Contractor in consultation with Labour Authorities and black list them nationally. All bidders are once again advised to take a serious note of these issues and follow the instruction laid in the said letter of Railway Board thoroughly, both in letter and spirit. Copy of the said latter of Railway Board is furnished at the Document Section.

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• The contractor shall make his own arrangement for the accommodations of his staff, materials; tools , uniform etc, Electricity for the purpose of the execution of work against this contract may be arranged by Railway.

• Dress Code The Tenderer must ensure that their staffs always ware uniform such as Shirt, Trouser, Light Blue Color Fluorescent Jacket, helmet, Gloves, and Industrial Boot. No contractual staff should allow to do work without this uniform. Laminated photo identity card with photo to be available with every contractual staff at all time.

• The Tenderer/Contractor will have to accept and opt to take payment from Railway through a Letter of Credit (LC) arrangement, Modalities of the same will be as per Director Finance/CCA, Railway Board letter No. 2017/AC II/9/10 Pt. I dated 20.02.2018 (RBA No. 10/2018), 2017/AC II/9/10 Pt. 3 dated 09.05.2018 (RBA No. 48/2018)and 2018/CE-I/CT/9 dated 04.06.2018, ; copies of which are available in the Document Section of this Tender. However, this is subject to the required system has already been finalised and become operative by the concerned Accounts Department of Railway at any point of time. Therefore, the Tenderer has to agree in this respect and exercise his/her/their Option to this effect as per format available in the Document Section.

• Tenderers Credentials Documents testifying tenderers previous experience and financial status should be uploaded along with the tender or produced when desired by competent authority of the Railway. Tenderer(s) should submit his/their offer along with his / their credentials to establish:

  1. His capacity to carry out the works satisfactorily.
  2. His financial status supported by Bank reference and other documents.
  3. Certificates duly attested and testimonials regarding contracting experience for the type of job for which tender is invited with list of works carried out in the past.

• Provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952:

• Contractor / tenderer shall have to be registered under EPF/ESI in terms of employees Provident fund and Miscellaneous Provision Act, 1952

• Contractor/ tenderer shall have to fo llo w all the stipulations regarding applicability of the Contract Labour (Regulation & Abolition ) Act , 1970/ Rules, 1950.

• Contractor / Tenderer shall have to follow all the precautionary measures for safety of the workers in terms of West Bengal Factory Rules,1958.

• The tenderer shall have sound financial capability to undertake the job successfully.

• Banker's certificate mentioning details of current account shall be submitted.

• The tenderer shall income tax, PAN on the name of agency or the proprietor as the case may be.

• There shall be an overall binding of GCC, 2022.

• Tenderer must download, duly sign, scan and upload the Tender Document and all other Documents available in the Document Section except General Condition of Contract (GCC), in PDF form.

• The contractor has to provide ID Cards which are to be countersigned by Competent Authority of the Jheel Siding Depot for the staffs working under them.

• SAFETY MEASURES The contractor shall take all precautionary measures in order to ensure the protection of his own personal moving about or work in the Railway premises, but shall then conform to the rules and regulations of the railways. The contractor shall abide by all Railway regulations in force for the time being and ensure that the same are followed by his representatives, agent or sub-contractor of work men. He shall give due notice to his employees and workers about the provisions of the para. The contractor shall indemnify and keep the Railway administration indemnified and harmless against all actions, suits, claims, demands, other charges or expenses arising in connection with any accident, death or injury sustained by any person (s) within the Railway premises and any loss or damage to Railway property sustained, due to the acts or omissions of the contractor, or his staff during the execution of this contract irrespective of whether such liability arising under the workmen compensation Act 1923 or any other stature in force for the time being.

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• Tenderer have to cautious regarding the engagement of Labour about the subject work.As per Railway Board letter NO: 2019/sec.(Int.)/51/7/2-23 New Delhi,dt: 16.08.2020 & IGCum-PCSC/RPF/ER's letter no. SC.20/43/45/Order Circular/2021 dt:23.08.2021,Contractor should not engage any Bangladeshi,Rohingyas or any other foreigner in India as a worker during the exccution of work. If any worker found during the execution of work, the contractor will solely be responsible and action will be taken as per extent rule.

• Partnership Deeds, Power Of Attorney Etc. : 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 tender documents, the tender will be treated as having been submitted by individual signing the tender documents. 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 contract. It may, however, recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

• It is responsibility of the tenderer that they ensure to see any corrigendum of the tender to check the corrigendum on the website from time to time.

• The Tenderer will have to upload necessary authenticated and proper document in respect of the above, along with Tender Offer; to comply the respective condition of GCC, 2022 or latest to its last amendment in respect of Nature of the firm: Sole proprietorship firm, or, Partnership Firm, or Joint Venture Firm, or Company registered under Companies Act 1956, or a Society. In this regard, Railway Board letter No. 2013/CE-I/CT/O/33/SI (FTS-89623) dated 11.10.2014 may be referred to, which is furnished in the Document Section.

• System of Verification of Tenderers Credential:

• In all works tender documents, following para may be added in the section describing the qualification and eligibility criteria. "The tenderers shall submit a self- declaration stating that they are not liable to be disqualified and all their statements/documents submitted along with bid are true and factual. Standard format of the Self-Declaration to be submitted by the bidder is enclosed in the Document Section. Non submission of an Self-declaration by the bidder shall result in summary rejection of his/their bid. And It shall be mandatorily incumbent upon the tenderer to identify, state and submit the supporting documents duly self-attested by which they/he is qualifying the Qualifying Criteria mentioned in the Tender Document. It will not be obligatory on the part of Tender Committee to scrutinize beyond the submitted document of tenderer as far as his qualification for the tender is concerned." With the submission of the self- declaration as mentioned above, the practice of verification of tenderer's documents by the Railways may be dispensed with. Following clause may also be added to the Instructions to Bidders.

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• 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 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 thereunder.

• In case of any wrong information submitted by tenderer, the contract shall be terminated, Bid Security, Performance Guarantee (PG) and Security Deposit (SD) of contract forfeited and agency barred for doing business on entire Indian Railways for 2 (Two) years.

Special Conditions

• RAILWAY PASSES No free Railway passes will be issued for the contractor.

• Contractor will ensure that the subject work is done regularly on every working day as when the coaches are offered by the Consignee, to upkeep and ensure the regular outturn of coaches remains unhampered and unaffected due to any reason on the part of the Contractor.

• All the materials, tools and other required gazettes/items required for the work, specified or not specified elsewhere in this Tender Documents and attached documents, will be under the scope of the Contractor.

• Tenderer have to strictly comply the guidelines for updation of Labour data on Railway's shramik kalyan portal vide Railway Board letter No.2018/CE-I/CT-4 dt. 17.10.2018, Letter furnished in Document Section. No payment will be made unless complied.

• Safety Gear The contractor should supply the following safety items adequately and ensure wearing of the Safety items by workmen while carrying out the work without fail. Any deviation in this regard be viewed seriously and a penalty prescribed will be levied.

  1. Uniform of navy blue colour shirt and navy blue colour pant with logo on the shirt indicating the name of the company.
  2. Industrial shoes.
  3. Helmet.
  4. Safety goggles.
  5. Nasal masks.
  6. Ear plugs.
  7. Safety hand gloves.
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• Wages to Labour The Contractor shall be responsible to ensure compliance with the provision of the Minimum Wages Act, 1948(hereinafter referred to as the "said Act") and the Rules made thereunder in respect of any employees directly or through petty Contractors or sub-contractors employed by him for the purpose of carrying out this contract. If, in compliance with the terms of the contract, the Contractor supplied any labour to be used wholly or partly under the direct orders and control of the Railways whether in connection with any work being executed by the Contractor or other wise for the purpose of the Railway such labour shall, for the purpose of this Clause, still be deemed to be persons employed by the Contractor. If any moneys shall, as a result of any claim or application made under the said Act be directed to be paid by the Railway, such money shall be deemed to be moneys payable to the Railway by the Contractor and on failure by the Contractor to repay the Railway any moneys paid by it as aforesaid within seven days after the same shall have been demanded, the Railways shall be entitled to recover the same from Contractor's bills/Security Deposit or any other dues of Contractor with the Government of India.

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• Apprentices Act The Contractor shall be responsible to ensure compliance with the provisions of the Apprentices Act, 1961 and the Rules and Orders issued thereunder from time to time in respect of apprentices directly or through petty Contractors or sub-contractors employed by him for the purpose of carrying out the Contract. If the Contractor directly or through petty Contractors or sub-contractors fails to do so, his failure will be a breach of the contract and the Railway may, in its discretion, rescind the contract. The Contractor shall also be liable for any pecuniary liability arising on account of any violation of the provisions of the Act.

• Provisions of Payments of Wages Act The Contractor shall comply with the provisions of the Payment of Wages Act, 1936 and the rules made thereunder in respect of all employees employed by him either directly or through petty Contractors or sub- contractors in the works. If incompliance with the terms of the contract, the Contractor directly or through petty Contractors or sub-contractors shall supply any labour to be used wholly or partly under the direct orders and control of the Engineer whether in connection with the works to be executed hereunder or otherwise for the purpose of the Engineer, such labour shall nevertheless be deemed to comprise persons employed by the Contractor and any moneys which may be ordered to be paid by the Engineer shall be deemed to be moneys payable by the Engineer on behalf of the Contractor and the Engineer may on failure of the Contractor to repay such money to the Railways deduct the same from any moneys due to the Contractor in terms of the contract. The Railway shall be entitled to recover the same from Contractor's bills/Security Deposit or any other dues of Contractor with the Government of India all moneys paid or payable by the Railway by way of compensation of aforesaid or for costs of expenses in connection with any claim thereto and the decision of the Engineer upon any question arising out of the effect or force of this Clause shall be final and binding upon the Contractor.

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• Provisions of Contract Labour (Regulation and Abolition) Act, 1970:

• 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 fulfil the requirement shall attract the penal provision of the Act.

• The Contractor shall pay to the labour employed by him directly or through sub- contractors the wages as per provision of the aforesaid Act and the Rules wherever applicable. The Contractor shall notwithstanding the provisions of the contract to the contrary, cause to be paid the wages to labour, indirectly engaged on the works including any engaged by sub-contractors in connection with the said work, as if the labour had been immediately employed by him.

• In respect of all labour directly or indirectly employed in the work for performance of the Contractor's part of the contract, the Contractor shall comply with or cause to be complied with the provisions of the aforesaid Act and Rules wherever applicable. In every case in which, by virtue of the provisions of the aforesaid Act or the rules, the Railway is obliged to pay any amount of wages to a workman employed by the Contractor or his sub-contractor in execution of the work or to incur any expenditure on account of the contingent, liability of the Railway due to the Contractor's failure to fulfill his statutory obligations under the aforesaid Act or the rules, the Railway will recover from the Contractor, the amount of wages so paid or the amount of expenditure so incurred and without prejudice to the rights of the Railway under the Section 20, Sub-Section (2) and Section 2, Sub-Section (4) of the aforesaid Act, the Railway shall be at liberty to recover such amount or part thereof from Contractor's bills/Security Deposit or any other dues of Contractor with the Government of India. The Railway shall not be bound to contest any claim made against it under Sub- Section (1) of Section 20 and Sub-Section (4) of Section 21 of the aforesaid Act except on the written request of the Contractor and upon his giving to the Railway full security for all costs for which the Railway might become liable in contesting such claim. The decision of the Chief Engineer regarding the amount actually recoverable from the Contractor as stated above shall be final and binding on the Contractor.

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• 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.

• Minimum Wages act in terms of clause 54 and 55 of Indian Railways General Condition of Contract. Contractor shall register his firm/company etc. and upload requisite details of labour and their payment in this portal. 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.
  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 Acceptances (LOA) / Contract Agreements on shramikkalyan portal within 15 days of issue of any LOA for approval of concerned engineer.
  4. After approval 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. (ii)While processing payment of any 'On Account bill' or 'Final bill' or release of 'Advances' 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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• In order to increase transparency in payment of Contract Labour wages and other payments, a web based e-application has been developed and hosted on website www.shramikkalyan.indianrailways.gov.in. All contractors are required to upload details of their LoAs, engaged workmen, wage payment details, PF/ESI details, bonus details etc., on monthly basis. The details so uploaded shall be available in public domain.

• In order to ensure prompt and proper uploading of details related to LoAs, engaged workmen, wage and other payment details, the following Special Condition is furnished hereunder:

• Contractor is to abide by the provisions of Payment of Wages Act and Minimum Wages Act in terms of clause 54 and 55 of Indian Railways General Conditions of Contract. Contractor shall register his firm/company etc. and upload requisite details of labour and their payment in portal. The Registration updation of Portal shall be done as under:

• 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.

• 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.

• The contractor once registered on the portal, shall provide details of his Letter of Acceptances (LoA) / Contract Agreements on shramikkalyan portal within 15 days of issue of any LoA for approval of concerned engineer.

• After approval 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.

• 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. While processing payment of any 'On Account bill' or 'Final bill' or release of 'Advances' 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."

• Contractor must follow the safe practice of using machines and tools operated by 110V AC/DC, while working on coaches in Railway premises.

• Incorporation of New Clause as Special Condition in Works Contract Agreement of Eastern Railway are as follows:

• The Provision of Clause 63 and 64 of General Conditions of Contract will be applicable only for settlement of claims/dispute, for values less than20% of the original value (excluding the cost of materials supplied free be Railways) of the contract or 20% of the actual value of the work done(excluding the value of the work rejected) under the contract whichever is less. When claims/disputes are of value more than 20% of the value of the actual work done under the contract, whichever is less, the contractor will not be entitled to seek such disputes/claims for reference to arbitration and the provisions of Clause No. 63 & 64 of the General Conditions of Contract will not be applicable for referring the disputes to be settled through arbitration.

• The Contractor shall furnish his monthly statement of claims as per Clause 43(1) of IRS GCC during the progress of work and not after completion of the work. All such claims and disputes shall be settled promptly during the progress of the work. Chief Engineer/ADRM shall be the final authority for decision on claims and disputes preferred by the contractor. But, the contractor should seek reference to arbitration to settle the disputes only once, subject to the conditions as mentioned in the above para.

• Conditions of Contract.

• As per IR GCC, 2022; e-Tender Forms shall be issued free of cost to all Tenderers.

• 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.

• Necessary Space will be provided by Railway to the Contractor. The contractor will make such space secured and lockable on a temporary basis, at their own cost. Conservancy charges will be recovered from the contractor at the prescribed rate as per Railway Board's letter No. F(X)I/95/1/1 dated 07.09.2021, copy of which may be found in the Document Section of this Document.

• VARIATION IN QUANTITY The quantities may vary to the extent of 50%on higher side or to any extent on lower side during the execution of work according to the actual need of the Railways. Variation up to 25%on higher side and up to any extent on lower side will be paid at the same rate. For controlling payment in case the agreemental value goes beyond +25%, a regulatory mechanism as part of contract itself would be as follows. For the first 15% increase in the value beyond 25% of the agreemental value, the rates will have reduction of 2% in the incremental value of the agreement and for the next 10% increase in the value; rates will have an additional reduction of 2% in the further incremental value of the agreement.

• STORAGE OF INFLAMMABLE ARTICLES No inflammable materials, such as petroleum oil etc. within the meaning of the Indian Petroleum Act and Indian Explosives Act shall be stored at site or adjacent land until the approval of the Railway and necessary license under the Act has been obtained by the Contractor. All due precautions as required under the Act shall be taken by the contractor.

• FIRST-AID The contractor shall maintain in a readily accessible place first-aid appliance including adequate supply of sterilized dressing and sterilized cotton wool. The appliances shall be placed under the charge of responsible person who shall be readily available during working hours.

• DAMAGE, ACCIDENTS OR FLOODS OR TIDES The contractor shall take all precautions against damages from accidents, floods or tide. No compensation will be allowed to the contractor 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 damages to any structure or part of a structure, plant or material of every description belonging to the Railway Administration, lost or damaged by any cause during the course of contractor's work. The Railway Administration will not be liable to pay to the contractor any charges for rectification or repairs to any damage which may have occurred from any cause whatsoever. No claims in this regard will be arbitrable.

• GST All the bidders/tenderers should ensure that they are GST complaint and their quoted tax structure/rates are as per GST law.

• SECURITY DEPOSIT The Earnest Money deposited with the tender of successful tenderer will be retained as part of security deposit which will be 5 percent of the value of work awarded. The balance amount of security deposit will recovered on account bill of the work @ 6 percent till it reached up to 5 percent of the value of work including Bid Security as per GCC, 2022.

• PERFORMANCE GUARANTEE The successful bidder shall submit the Performance Guarantee (PG) as per clause 16.(4) of Standard General Condition of Contract, 2022 amounting to 5% of the contract value.

• Additional PG as per 16(4) h of Part-II of GCC-2022 in accordance to Advance Correction Slip No. 11 to GCC-2022 vide Railway Board's letter No. 2022/CE-I/CT/GCC- 2022/POLICY/Pt.I (E-3320424) dt. 13.03.2026.(letter uploaded in Document Section of NIT). Submission of e- Bank Guarantee: Tenderer should submit e- Bank Guarantee (e-BG) only through SFMS (Structured Financial Messaging System) vide Railway Board's letter No. 2020/ACII/9/6/e dt. 07.04.2022 (copy attached in tender documents). The e- Bank Guarantee Bond is to be issued in f/o FA & CAO/Eastern Railway/Kolkata. The e- BG will be verified through IPAS portal at the time of submission.

In order to ensure the same, an application has been developed and hosted on website 'www.shramikkalyan.indianrailways.gov.in'.

These details shall be available in public domain.

Engineer shall approve the contractor's registration in the portal within 7 days of receipt of such request.

Engineer shall update (if required) and approve the details of LOA filled by contractor within 7 days of receipt of such request.

Technical-Compliances

• Water, compressed air and Electricity will be provided by the Railways free of cost as per availability. All type of tools and equipment's required for the work will be under the scope of the Contractor. No tools and equipment's whatsoever will be provided by Railway.

• The contractor will have to carry out the work as per specification and drawings, if any mentioned in the description of item as well as in the scope of work. (Drawing attached in Document section, If available)

• INSPECTION AND ACCEPTANCE Materials shall be inspected by RITES India/TPI/offered for inspection to the authorized representative of Dy. CEE (W)/E. Rly./LLH on his written acceptance and the same are to be fitted at site. Inspection Cost should be borne by the firm. (For the scheduled Item value of Rs. 5 lakh or above should be inspected by RITES India/TPI are mandatory) .

• Commencement of Works As per GCC 2022 Clause no. 19.(2), The Contractor shall commence the works within 15 days after receiving of the "Letter of Acceptance" and shall proceed with the same with due expedition and without delay. .

• Working floor area have to be cleared and cleanliness will have to been sured by Contractor.

• COMPLETION TIME The work must be completed within 03 months from the date of issue of acceptance letter. The contractor shall state clearly at the earliest possible time in which they can commence, complete the work and handing over to the Railway administration. The period stipulated by the contractor shall not under any circumstances be altered subsequently. Delay in booking, materials or making arrangements for accommodation of staff and materials shall not be an excuse for delay in executing the 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.

• Necessary Space will be provided by Railway to the Contractor. The contractor will make such space secured and lockable on a temporary basis, at their own cost. Conservancy charges will be recovered from the contractor at the prescribed rate as per Railway Board's letter No. F(X)I/95/1/1 dated 07.09.2021, copy of which may be found in the Document Section of this Document.