Augmentation of Spring Section of Carriage Shop, Kharagpur Workshop

• List of works completed in the last three financial years giving description of work, organisation for whom executed, approximate value of contract at the time of award, date of award and date of schedule completion of work. Date of actual start, actual completion and final value of contract should also be given.

  Document optional

• List of works on hand indicating description of work, contract value and approximate value of balance work yet to be done and date of award.

  Document optional

• Contractor should submit a valid Electrical Contractor License along with a valid Electrical Supervisory License/ Certificate issued from Central Govt./any State Govt. for the working voltage related to the work valid throughout the contract period (as per PCEE/GRC's letter No.: CEE/T/12/501/Works/Policy/0, dated : 21.02.2023). The Electrical Supervisory License/Certficate is to be endorsed in the Electrical Contractor License, otherwise necessary valid document is to be submitted by the contractor against employment of the supervisor.

  Document required

• The tenderer shall clearly specify whether the tender is submitted on his own (Proprietary Firm) or on behalf of a Partnership Firm / Company / Joint Venture (JV) / Registered Society / Registered Trust / Hindu Undivided Family (HUF) /Limited Liability Partnership (LLP) etc. The tenderer(s) shall enclose the attested copies of the constitution of their concern and copy of PAN Card along with their tender. Tender Documents in such cases are to be signed by such persons as may be legally competent to sign them on behalf of the firm, company, association, trust or society, as the case may be.

  Document required

• (a) 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/members 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 in case 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.
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• If his tender is accepted, the Bid Security mentioned above, will be retained as part security for the due and faithful fulfillment of the contract in terms of Clause 16 of the Standard General Conditions of Contract. The Bid Security of other Tenderers shall, save as herein before provided, be returned to them, but the Railway shall not be responsible for any loss or depreciation that may happen thereto while in their possession, nor be liable to pay interest thereon.

• 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 of GCC-2022 and shall be valid for a period of 90 days beyond the bid validity period. 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 Dy.CEE/W/KGPW, before closing date for submission of bid (i.e. excluding the last date 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 Dy. Chief Electrical Engineer(W), Workshop Kharagpur, South Eastern Railway.
  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.
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• Performance Guarantee- The successful bidder shall have to submit a Performance Guarantee (PG) within 21 days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 21 days and up to 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 12% per annum shall be charged for the delay beyond 21 days, i.e. from 22nd day after the date of issue of LOA. Further, if the 60th day happens to be a declared holiday in concerned office of the railway, submission of PG can be accepted on the next working day. In all other cases, if the contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract is liable to be terminated. In case contract is terminated Railway shall be entitled to forfeit EMD and other dues payable against the contract. In case a tenderer has not submitted EMD on the strength of their registration as a start-up recognized by Department of Industrial Policy and Promotion (DIPP) under Ministry of Commerce and Industry, DIPP shall be informed to this effect. The failed Contractor shall be debarred from participating in the re-tender for that work.

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• The successful bidder shall submit the Performance Guarantee (PG) amounting to 5% of the original contract value and Additional Performance Guarantee as per clause 16(4)(h) mentioned in the Advanced Correction Slip 11 of GCC in any of the following forms:

  1. A deposit of Cash;
  2. Irrevocable Bank Guarantee;
  3. Insurance Surety Bond as per Annexure-XVII mentioned in the advanced correction slip no. 9 of GCC Note: In case of extension of Date of Completion, selected bidder needs to submit extended Insurance Surety Bond/Fresh Insurance Surety Bond/fresh Performance Security, in any form as given above, before expiry of existing Insurance Surety Bond.
  4. Government Securities including State Loan Bonds at 5% below the market value;
  5. Pay Orders and Demand Drafts tendered by any Scheduled Commercial Bank of India;
  6. Guarantee Bonds executed or Deposits Receipts tendered by any Scheduled Commercial Bank of India;
  7. Deposit in the Post Office Saving Bank;
  8. Deposit in the National Savings Certificates;
  9. Twelve years National Defence Certificates;
  10. Ten years Defence Deposits;
  11. National Defence Bonds and
  12. Unit Trust Certificates at 5% below market value or at the face value whichever is less. Also, FDR in favour of PFA/SER/GRC (free from any encumbrance) may be accepted.
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• The Performance Guarantee shall be submitted by the successful bidder after the Letter of Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G. shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work gets extended, the contractor shall get the validity of P.G. extended to cover such extended time for completion of work plus 60 days.

• The value of PG to be submitted by the Contractor is based on original contract value and shall not change due to subsequent variation(s) in the original contract value.

• The Performance Guarantee (PG) shall be released after physical completion of the work based on Completion Certificate issued by the competent authority stating that the contractor has completed the work in all respects satisfactorily.

• Whenever the contract is rescinded, the Performance Guarantee already submitted for the contract shall be encashed in addition to forfeiture of Security Deposit available with Railway.

• The Engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and/or without prejudice to any other provisions in the contract agreement) in the event of:

• Failure by the contractor to extend the validity of the Performance Guarantee as described herein above, in which event the Engineer may claim the full amount of the Performance Guarantee.

• Failure by the contractor to pay President of India any amount due, either as agreed by the contractor or determined under any of the Clauses/Conditions of the Agreement, within 30 days of the service of notice to this effect by Engineer.

• The Contract being determined or rescinded under clause 62, Part-II, of the GCC April 2022

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

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

• Should a tenderer find the discrepancies in, or omissions from the drawings or any of the tender forms or should be in doubt as to their meaning, he should at once notify the authority inviting tenders who may issue a corrigendum. It shall be understood that every endeavour has been made to avoid any error which can materially affect the basis of the tender and the successful tenders shall take upon himself and provide for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof.

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

• Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works, that all conditions liable to be encountered during the execution of the works are taken into account and that the rates he entered in the tender form are adequate and all-inclusive to accord with the provisions in clause-37 of the General Conditions of Contract for the completion of work to the entire satisfaction of the engineer.

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

• The Railway reserves the right of not to invite tenders for any of the railway work or works or to invite open or limited tenders and when tenders are called, to accept a tender in whole or in part or reject any tender or all tenders without assigning reasons for such action.

• VARIATIONS IN EXTENT OF CONTRACT :

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

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

  1. Unless otherwise specified in the special conditions of the contract, the accepted variation in quantity of each individual item of the contract would be upto 25% of the quantity originally contracted, except in case of foundation work.
  2. The Contractor shall be bound to carry out the work at the agreed rates and shall not be entitled to any claim or any compensation whatsoever upto the limit of 25% variation in quantity of individual item of works.
  3. In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered unavoidable, then same shall be executed at following rates
     1. Quantities operated in excess of 125% but upto 140% of the agreement quantity of the concerned item, shall be paid at 98% of the rate awarded for that item in that particular tender;
     2. Quantities operated in excess of 140% but upto 150% of the agreement quantity of the concerned item shall be paid at 96% of the rate awarded for that item in that particular tender;
     3. Variation in quantities of individual items beyond 150% will be avoided and would be permitted only in exceptional unavoidable circumstances and shall be paid at 96% of the rate awarded for that item in that particular tender.
     4. Variation to quantities of Minor Value Item:The limit for varying quantities for minor value items shall be 100% (as against 25% prescribed for other items). A minor value item for this purpose is defined as an item whose original agreement value is less than 1% of the total original agreement value. d.
        1. Quantities operated upto and including 200% of the agreement quantity of the concerned minor value item, shall be paid at the rate awarded for that item in that particular tender; d.
        2. Quantities operated in excess of 200% but upto 300% of the agreement quantity of the concerned minor value item, shall be paid at 98% of the rate awarded for that item in that particular tender; d.
        3. Variation in quantities of individual minor value item beyond 300% will be avoided and would be permitted only in exceptional unavoidable circumstances and shall be paid at 96% of the rate awarded for that item in that particular tender.
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• Valuation of Variations The enlargements, extensions, diminution, reduction, alterations or additions referred to in Sub- Clause (2) of this Clause shall in no degree affect the validity of the contract; but shall be performed by the Contractor as provided therein and be subject to the same conditions, stipulations and obligations as if they had been originally and expressively included and provided for in the Specifications and Drawings and the amounts to be paid therefor shall be calculated in accordance with the accepted Schedule of Rates. Any extra items/quantities of work falling outside the purview of the provisions of Sub-Clause (2) above shall be paid for at the rates determined under Clause-39 of GCC Aprill 2022.

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

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

• Credential Verification The tenderer shall submit along with the tender document, documents in support of his/their claim to fulfil the eligibility criteria as mentioned in the tender document. Each page of the copy of documents/certificates in support of credentials, submitted by the tenderer, shall be self- attested/digitally signed by the tenderer or authorized representative of the tendering firm. self-attestation shall include signature, stamp and date (on each page). Only those documents which are declared explicitly by the tenderer as "documents supporting the claim of qualifying the laid down eligibility criteria" will be considered for evaluating his/their tender.

• For carriage of plants,equipments and materials required for the work the contractor/s will make his/their own arrangements either by Road Transport or any other transport.The Railway Administration will not take any responsibility whatsoever and no separate charges will be paid for carriage of materials and transportation of plants and equipments.

• As per Clause 55-A of the General Conditions of Contract April 2022 with all correction slips upto date, the Contractor shall comply with the provision of the contract labour (Regulation and Abolition) Act, 1970 and the Contract labour (Regulation and Abolition) Central Rules 1971 as modified from time to time, wherever applicable and shall also indemnify the Railway from and against any claims under the aforesaid Act and the Rules. The Contractor shall obtain a valid license under the aforesaid Act as modified from time to time before the commencement of the work and continue to have a valid license until the completion of the work. Any failure to fulfill the requirement shall attract the penal provision of the Act.

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

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

• Care in submission of Tenders :

• Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works, that all conditions liable to be encountered during the execution of the works are taken into account and that the rates he enters in the tender forms are adequate and all inclusive to accord with the provisions in Clause-37 of the Standard General Conditions of Contract for the completion of works to the entire satisfaction of the Engineer.

• Tenderers will examine the various provisions of The Central Goods and Services Tax Act, 2017(CGST)/ Integrated Goods and Services Tax Act, 2017(IGST)/ Union Territory Goods and Services Tax Act, 2017(UTGST)/ respective state's State Goods and Services Tax Act (SGST) also, as notified by Central/State Govt. & as amended from time to time and applicable taxes before bidding. Tenderers will ensure that full benefit of Input Tax Credit (ITC) likely to be availed by them is duly considered while quoting rates.

• The successful tenderer who is liable to be registered under CGST/IGST/UTGST/SGST Act shall submit GSTIN along with other details required under CGST/IGST/UTGST/SGST Act to railway immediately after the award of contract, without which no payment shall be released to the Contractor. The Contractor shall be responsible for deposition of applicable GST to the concerned authority.

• In case the successful tenderer is not liable to be registered under CGST/IGST/UTGST/ SGST Act, the railway shall deduct the applicable GST from his/their bills under reverse charge mechanism (RCM) and deposit the same to the concerned authority. Security Deposit: The Security Deposit shall be 5% of the contract value. The Bid Security submitted by the Contractor with his tender will be retained/encashed by the Railways as part of security for the due and faithful fulfillment of the contract by the Contractor. Provided further that, if Contractor submits the Cash or Term Deposit Receipt issued from a Scheduled commercial bank of India or irrevocable Bank Guarantee Bond from a Scheduled commercial bank of India, either towards the Full Security Depositor the Part Security Deposit equal to or more than Bid Security, the Railway shall return the Bid Security, to the Contractor. Balance of Security Deposit may be deposited by the Contractor in cash or Term Deposit Receipt issued from Scheduled commercial bank of India or irrevocable Bank Guarantee bond issued from Scheduled commercial bank of India, or may be recovered at the rate of 6% of the bill amount till the full Security Deposit is recovered. Provided also that in case of defaulting Contractor, the Railway may retain any amount due for payment to the Contractor on the pending "on account bills" so that the amounts so retained (including amount guaranteed through Performance Guarantee) may not exceed 10% of the total value of the contract. The Irrevocable Bank Guarantee submitted towards Security deposit shall be initially valid up to the stipulated date of Maintenance period plus 60 days and shall be extended from time to time, depending upon extension of contract granted in terms of Clause 17A and 17B of the Standard General Conditions of Contract.

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• Security Deposit mentioned shall be returned to the Contractor along with or after, the following:

  1. Final Payment of the Contract as per clause 51.(1) of GCC April 2022
  2. Execution of Final Supplementary Agreement or Certification by Engineer that Railway has No Claim on Contractor and
  3. Maintenance Certificate issued, on expiry of the maintenance period as per clause 50.(1), in case applicable.

• Provision of Efficient and Competent Staff at Work Sites by the Contractor: The Contractor shall place and keep on the works at all times efficient and competent staff to give the necessary directions to his workmen and to see that they execute their work in sound & proper manner and shall employ only such supervisors, workmen & labourers in or about the execution of any of these works as are careful and skilled in the various trades. The Contractor shall at once remove from the works any agents, permitted sub-contractor, supervisor, workman or labourer who shall be objected to by the Engineer and if and whenever required by the Engineer, he shall submit a correct return showing the names of all staff and workmen employed by him. In the event of the Engineer being of the opinion that the Contractor is not employing on the works a sufficient number of staff and workmen as is necessary for proper completion of the works within the time prescribed, the Contractor shall forthwith on receiving intimation to this effect deploy the additional number of staff and labour as specified by the Engineer within seven days of being so required and failure on the part of the Contractor to comply with such instructions will entitle the Railway to rescind the contract under Clause 62 of GCC April 2022.

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• 1. Contractor is to abide by the provisions of various labour laws in terms of clause 54, 55, 55-A, 55-B of Indian Railways General Condition of Contract, April 2022. 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 in 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 Acceptances (LOA) / Contract Agreements 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 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.
  2. 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."
  3. In addition, the Contractor shall strictly comply with the provisions of the Code on Wages, 2019 and the Occupational Safety, Health and Working Conditions Code, 2020, as stipulated in Railway Board's letter No. 2026/E(LL)/AT/CNR/5 dated 11.05.2026 regarding timely payment of wages within the prescribed statutory time limits without any delay, issuance of appointment letters and wage slips to all employees and contract labours, and compliance of all other obligations prescribed therein, as amended from time to time. The Contractor shall ensure periodic updation of all relevant particulars of employees and contract labour on the Shramik Kalyan Portal and, wherever applicable, on the e- SHRAM Portal, and extend full cooperation during inspections, monitoring and compliance reviews by Railway authorities, promptly rectifying any deficiencies or deviations noticed during such reviews.
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• If the tenderer/s expires after the submission of his/their tender or after the acceptance of his tender, the Rly. shall deem such tender as cancelled. If a partner of a firm expires after the submission of their tender or after the acceptance of their tender, the Railway shall deem such tender as cancelled unless the firm retains its character.

• The tenderer(s) shall keep themselves updated through the website https://www.ireps.gov.in and newspapers regarding any corrigendum(s), if any, issued in connection with the Notice Inviting Tender or Tender Document. Such corrigendum(s) shall be uploaded on the said website and, wherever applicable, published in the newspapers. It shall be the sole responsibility of the tenderer(s) to check the website for any such subsequent changes and to take the same into account while submitting their tender.

Special Conditions

• Any electrical materials/gadgets to be supplied are to be of reputed make. Make and model of materials/gadgets to be supplied are to be furnished and get approved by the competent authority (Dy. CEE(WS)/KGPW or his authorized representative) before commencement of the work. All the other materials to be supplied against this work shall be duly inspected by authorized representative of Dy. CEE(WS)/KGPW after receipt at Kharagpur Workshop.

• For trenching and laying of cables contractor shall follow PCEE/GRC's Drg. No.CEE/G/A-3/P-134.

• Deployment of Qualified Engineer at Work Site by the Contractor: The Contractor shall deploy one Qualified Diploma Engineer at the work site during the execution of the work, as stipulated under Clause 26A.1 of the GCC. In case the Contractor fails to deploy the Qualified Engineer as aforesaid, the Contractor shall be liable to pay Rs. 25,000/- for each month or part thereof for the period of such default, in terms of Clause 26A.2 of the GCC.

• Place of Work The work shall be carried out under the guidance of a qualified Diploma Engineer deployed by the firm with due consultation of Dy. CEE(WS)/KGPW or his nominated representative at Kharagpur Workshop.

• The contractor shall furnish a list of personnel who will be deployed before commencement of the work to the Administration. The staff of the contactor should be clearly identifiable in the work place.

• No T&P items shall be issued by the Railways. However, Electricity consumed during the work shall be borne by the Railway.

• The contractor shall arrange all machineries and tools at his own cost for execution of the entire work.

• No free passes will be granted to the contractor or his staff for any purpose.

• Contractor shall attend the failures immediately and rectify all defects at his own cost within the guarantee period after completion of work.

• During execution, any damage or loss of Rly property/ material, if occurs, the contractor will make good immediately with his own cost, failing which the cost of loss/damage will be recovered from bill.

• The contractor shall be responsible for ensuring safety for the installation as well as labour during execution of the said work; Railway will not be liable in any manner to indemnify the contractor for any injury/loss/liquidated damages of any kind what so ever, how so ever caused in connection with this work.

• Execution of the work through sub-contract is not permitted and if it is noticed by the Railways at any time of the contract period, the contract shall be immediately terminated and Performance Guarantee and Security Deposit shall be forfeited without any reason thereof.

• On the request of the Contractor, provision will be made for the contractor to keep the material/equipment in the shop premises. In this regard, decision of Railway Administration shall be the final.

• In case the materials to the desired specification are not available due to unforeseen circumstances, the contractor should give it in writing for the non availability. Railways may suggest alternative specification material /product. The decision of Railways in this regard is final.

• The Railway will not make any payments for any such additional work carried out by the contractor for which permission of the Railways authorized representative has not been obtained. Payments shall not be made for items of work/quantities not attended to or not done by the contractor. Railways shall be entitled to deduct income tax and surcharge on income tax as applicable from time to time.

• No advance payment will be made to the contractor.

• TERMS OF PAYMENT :

• Supply Portion On Account payment for supply of the materials only will be made to the extent of 100% of the total unit price of such materials as included in the schedule-A on receipt/acceptance of the materials in good condition in full quantity of each item and after starting of erection work and with the satisfaction of Dy. CEE(WS)/KGPW or his representative. Necessary deductions from the billed amount shall be made as per the extant rule.

• Labour Portion On Account payment for labour portion to the extent of 100% of the total unit price of the items as included in the schedule-B shall be made on satisfactory completion of the work duly certified by the authorized representative of the Railway and as recorded in the measurement book with necessary deductions as per the extant rule.

• Necessary deduction towards Security Deposit amount as indicated above will be made from the billed amount. Conservancy Cess (CC), Income Tax, Surcharge on Income Tax and other charges as leviable as per the General Condition of the Contract will be deducted from the bills. Bill shall be submitted to Deputy Chief Electrical Engineer (WS)/Kharagpur Workshop S.E.Railway, and payment shall be made by Dy. FA & CAO(W)/KGP/S.E.Railway. The contractor has to sign Mandate Form giving details of their Bank Accounts duly certified by Bank Authority for EFT/ECS/RTGS/NEFT payment.

• All the contractors should have a EPF Code No. for being eligible in the bid process as well as they should abide by the provisions of EPF & MP Act 1952 for the purpose of ensuring PF, Pension and Insurance benefits to all the eligible employees.

• WARRANTY The firm shall provide a warranty for the materials supplied and for the execution of the work for a minimum period of 12 months from the date of completion of the work.

• Damage to Railway Property or Private Life and Property The Contractor shall be responsible for all risk to the work and for trespass and shall make good at his own expense all loss or damage whether to the works themselves or to any other property of the Railway or the lives, persons or property of others from whatsoever cause in connection with the works until they are taken over by the Railway, although all reasonable and proper precautions may have been taken by the Contractor. In case the Railway shall be called upon to make good any costs, loss or damages, or to pay any compensation, including that payable under the provisions of the Workmen's Compensation Act or any statutory amendments thereof to any person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the Contractor; the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Railway may incur in reference thereto, shall be charged to the Contractor. The Railway shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the Contractor, to take such steps as may be considered necessary or desirable to ward off or mitigate the effect of such proceedings, charging to Contractor, as aforesaid; any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defence or compromise, and the incurring of any such expenses shall not be called in question by the Contractor.

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• In addition to the abovementioned Special Condition, the Contractor shall be solely to make good at his own expense for loss or damage to the Railway Personnel during their work or due to the effect of their work.

• 1. Notwithstanding the eligibility criteria being satisfied, Railway reserves the right to reject/accept the tender after considering the various circumstances of the individual case.
  2. Certificates for works executed in India with Central Government/Stat Government / Public Sector undertakings and authorities of India shall only be considered. Tenderer should submit clear certificates issued by an officer of the rank not below Dy. Chief Engineer/Sr.Divisional Engineer in Railways : by Executive Engineer/Superintending Engineer of State Govt.; by Additional General Manager / General Manager of equivalent rank in- charge of work in PSU's/Authorities for works executed under them. Separate certificate should be submitted for every single similar work. Certificates must also contain name, postal address and telephone / fax no. of issuing authority.
  3. Certificates from private individuals for whom such works are executed / being executed shall not be accepted.
  4. Onus of producing the acceptable/sufficient documentary proof lies with the tenderer and it should be enclosed along with the tender.
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• For all tenders having an advertised cost of Rs. 10 lakh or above, the contractor shall have the option to receive payment from Railways through a Letter of Credit (LC) arrangement, in accordance with Railway Board's letter No. 2018/CE-I/CT/9 dated 04.06.2018, a copy of which is enclosed with this Tender Document.

Technical-Compliances

• Documents to be Submitted Along with Tender as applicable:

• Following documents shall be submitted by the tenderer

  1. SOLE PROPRIETORSHIP FIRM: (i) All documents in terms of Para 10 of the Tender Form (Second Sheet) of GCC April 2022.
  2. 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) All other documents in terms of Para 10 of the Tender Form (Second Sheet) of GCC April 2022.
  3. PARTNERSHIP FIRM: (i) All documents as mentioned in para18 of the Tender Form (Second Sheet) of GCC April 2022.
  4. JOINT VENTURE (JV): All documents as mentioned in para 17 of the Tender Form (Second Sheet) of GCC April 2022.
  5. 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.
     4. All other documents in terms Para 10 of the Tender Form (Second Sheet) ) of GCC April 2022.
  6. 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 GCC 2022.
  7. REGISTERED SOCIETY & REGISTERED TRUST:
  9. 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 GCC 2022.
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• 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 as having been submitted by the individual who has signed the tender.

• After opening of the tender, any document pertaining to the constitution of Sole Proprietorship Firm / Partnership Firm / Registered Company/ Registered Trust / Registered Society / HUF/LLP 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 files etc. will be taken for consideration of the tender, if no such mention is available in tender offer submitted. 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.

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• Employment/Partnership etc. of Retired Railway Employees (as per Clause 16 of Part-I, GCC - 2022):

• (b) 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.

• (c) Should a tenderer or Contractor being an individual, have member(s) of his family or in the case of partnership firm/ company / joint venture (JV) / registered society / registered trust etc. one or more of his partner(s)/shareholder(s) or member(s) of the family of partner(s)/shareholder(s) having share of more than 1% in the tendering entity employed in gazetted capacity in the Engineering or any other department of the railway, then the tenderer at the time of submission of tender, will inform the authority inviting tenders the details of such persons. Note - If no retired/serving Gazetted Railway Officer(s), then please write "NIL" in declaration. Note - In case the information required under the above-mentioned Clause16. a), b), c), Part-I, GCC-2022, has not been furnished, contract is liable to be dealt in accordance with provision of clause 62, Part-II, of the GCC- 2022

• All materials supplied under the contract shall be subject to Consignee Inspection.