OHE modification work in connection with relocation of Guy rod at line No.4 (Loc No. KRBU/N1022), dismantling of unused OHE of line No.1 A (Loc. No. 494/5 to 494/8) and provision of Isolator at line…

• (b) HUF:

  1. 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.
  2. All other documents in terms of Para 10 of the Tender Form (Second Sheet) IRSGCC April-2022.
  Document optional

• (c) Partnership Firm: (i) The tenderer shall submit documents as mentioned in clause 18 of the Tender Form (Second Sheet) of IRSGCC April-2022. 18. Participation of Partnership Firms in works tenders: 18.1 The Partnership Firms participating in the tender should be legally valid under the provisions of the Indian Partnership Act. 18.2 The partnership firm should have been in existence or should have been formed prior to submission of tender. Partnership firm should have either been registered with the Registrar or the partnership deed should have been notarized as per the Indian Partnership Act, prior to submission of tender. 18.3 Separate identity / name should be given to the partnership firm. The partnership firm should have PAN / TAN number in its own name and PAN / TAN number in the name of any of the constituent partners shall not be considered. The valid constituents of the firm shall be called partners. 1 8 . 4 Once the tender has been submitted, the constitution of the firm shall not normally be allowed to be modified / altered / terminated during the validity of the tender as well as the currency of the contract except when modification becomes inevitable due to succession laws etc., in which case prior permission should be taken from Railway and in any case the minimum eligibility criteria should not get vitiated. The re-constitution of firm in such cases should be followed by a notary certified Supplementary Deed. The approval for change of constitution of the firm, in any case, shall be at the sole discretion of the Railways and the tenderer shall have no claims what-so-ever. A n y change in the constitution of Partnership firm after submission of tender shall be with the consent of all partners and with the signatures of all partners as that in the Partnership Deed. Failure to observe this requirement shall render the offer invalid and full Bid Security shall be forfeited. If any Partner/s withdraws from the firm after submission of the tender and before the award of the contract, the offer shall be rejected and Bid Security of the tenderer will be forfeited. If any new partner joins the firm after submission of tender but prior to award of contract, his / her credentials shall not qualify for consideration towards eligibility criteria either individually or in proportion to his share in the previous firm. In case the tenderer fails to inform Railway beforehand about any such changes / modification in the constitution which is inevitable due to succession laws etc. and the contract is awarded to such firm, then it will be considered a breach of the contract conditions liable for determination of the contract under Clause 62 of the Standard General Conditions of Contract. 18.5 A partner of the firm shall not be permitted to participate either in his individual capacity or as a partner of any other firm in the same tender. 18.6 The tender form shall be submitted only in the name of partnership firm. The Bid Security shall be submitted by partnership firm. The Bid Security submitted in the name of any individual partner or in the name of authorized partner (s) shall not be considered. 18.7 On issue of Letter of Acceptance (LOA) to the partnership firm, all the guarantees like Performance Guarantee, Guarantee for various Advances to the Contractor shall be submitted only in the name of the partnership firm and no splitting of guarantees among the partners shall be acceptable. 18.8 On issue of Letter of Acceptance (LOA), contract agreement with partnership firm shall be executed in the name of the firm only and not in the name of any individual partner. 18.9 In case the Letter of Acceptance (LOA) is issued to a partnership firm, the following undertakings shall be furnished by all the partners through a notarized affidavit, before signing of contract agreement.

  1. Joint and several liabilities: The partners of the firm to which the Letter of Acceptance (LOA) is issued, shall be jointly and severally liable to the Railway for execution of the contract in accordance with General and Special Conditions of the Contract. The partners shall also be liable jointly and severally for the loss, damages caused to the Railway during the course of execution of the contract or due to nonexecution of the contract or part thereof.
  2. Duration of the partnership deed and partnership firm agreement: The partnership deed/partnership firm agreement shall normally not be modified/altered/ terminated during the currency of contract and the maintenance period after the work is completed as contemplated in the conditions of the contract. Any change carried out by partners in the constitution of the firm without permission of Railway, shall constitute a breach of the contract, liable for determination of the contract under Clause 62 of the Standard General Conditions of Contract.
  3. Governing laws: The partnership firm agreement shall in all respect be governed by and interpreted in accordance with the Indian laws.
  4. No partner of the firm shall have the right to assign or transfer the interest right or liability in the contract without the written consent of the other partner/s and that of the Railway.
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• 18.10 The tenderer shall clearly specify that the tender is submitted on behalf of a partnership firm. The following documents shall be submitted by the partnership firm, with the tender:

  1. A notarized copy of the Partnership Deed or a copy of the Partnership deed registered with the Registrar.
  2. A notarized or registered copy of Power of Attorney in favour of the individual to tender for the work, sign the agreement etc. and create liability against the firm.
  3. An undertaking by all partners of the partnership firm that they are not blacklisted or debarred by Railways or any other Ministry / Department of the Govt. of India from participation in tenders / contracts as on the date of submission of bids, either in their individual capacity or in any firm/LLP in which they were / are partners/members. Any Concealment / wrong information in regard to above shall make the bid ineligible or the contract shall be determined under Clause 62 of the Standard General Conditions of Contract.
  4. All other documents in terms of Para 10 of the Tender Form (Second Sheet) of IRSGCC April-2022. 18.11 Evaluation of eligibility of a partnership firm: Technical and financial eligibility of the firm shall be adjudged based on satisfactory fulfilment of the eligibility criteria laid down in Para 10 of the Tender Form (Second Sheet) of IRSGCC April-2022.
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• (d) Joint Venture (JV)(If applicable): The tenderer shall submit all documents as mentioned in para 17 of the Tender Form (Second Sheet) of IRSGCC April- 2022.. FOR JOINT VENTURE (JV) (If applicable) :- 17.14 Documents to be enclosed by the JV alongwith the tender: 17.14.1 In case one or more of the members of the JV is/are partnership firm(s), following documents shall be submitted:

  1. A notarized copy of the Partnership Deed or a copy of the Partnership deed registered with the Registrar.
  2. A copy of consent of all the partners or individual authorized by partnership firm, to enter into the Joint Venture Agreement on a stamp paper,
  3. A notarized or registered copy of Power of Attorney in favour of the individual to sign the MOU/JV Agreement on behalf of the partnership firm and create liability against the firm.
  4. An undertaking by all partners of the partnership firm that they are not blacklisted or debarred by Railways or any other Ministry / Department of the Govt. of India from participation in tenders / contracts as on the date of submission of bids, either in their individual capacity or in any firm/LLP in which they were / are partners/members. Any Concealment / wrong information in regard to above shall make the bid ineligible or the contract shall be determined under Clause 62 of the Standard General Conditions of Contract. 17.14.2 In case one or more members is/are Proprietary Firm or HUF, the following documents shall be enclosed:
     1. A copy of notarized affidavit on Stamp Paper declaring that his Concern is a proprietary Concern and he is sole proprietor of the Concern OR he who is signing the affidavit 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. 17.14.3 In case one or more members of the JV is/are companies, the following documents shall be submitted: (i) A copy of resolutions of the Directors of the Company, permitting the company to enter into a JV agreement,
     2. The copies of MOA (Memorandum of Association) / AOA (Articles of Association) of the company
     3. A copy of Certificate of Incorporation
     4. A copy of Authorization/copy of Power of Attorney issued by the Company (backed by the resolution of Board of Directors) in favour of the individual, to sign the tender, sign MOU/JV Agreement on behalf of the company and create liability against the company.
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• 17.14.4 In case one or more members of the JV is/are LLP firm/s, the following documents shall be submitted:

  1. A copy of LLP Agreement
  2. A copy of Certificate of Incorporation of LLP
  3. A copy of resolution passed by partners of LLP firm, permitting the Firm to enter into a JV agreement
  4. A copy of Authorization /copy of Power of Attorney issued by the LLP firm (backed by resolution passed by the Partners) in favour of the individual, to sign the tender and/or sign the MOU/ JV agreement on behalf of the LLP and create liability against the LLP.
  5. 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. Any Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the Standard General Conditions of Contract. 17.14.5 In case one or more members of the JV is/are Society/s or Trust/s, the following documents shall be submitted:
     1. A copy of Certificate of Registration
     2. A copy of Memorandum of Association of Society/Trust Deed
     3. A copy of Rules & Regulations of the Society
     4. A copy of Power of Attorney, in favour of the individual to sign the tender documents and create liability against the Society/Trust. 17.14.6 All other documents in
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• (e) 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 IRSGCC April-2022.
  Document required

• (f) 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 IRSGCC April-2022.
  Document required
• 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 IRSGCC April- 2022.
  Document optional
• 3. 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.
  4. 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.
  5. A tender from JV / Partnership firm etc. shall be considered only where permissible as per the tender conditions.
  6. The Railway will not be bound by any change of power of attorney or in the composition of the firm made subsequent to the submission of tender. Railway may, however, recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the Contractor.
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• The tenderer whether sole proprietor / a company or a partnership firm / joint venture (JV) / registered society / registered trust / HUF / LLP etc if they want to act through agent or individual partner(s), should submit along with the tender, a copy of power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person, specifically authorizing him/them to sign the tender, submit the tender and further to deal with the Tender/ Contract up to the stage of signing the agreement except in case where such specific person is authorized for above purposes through a provision made in the partnership deed / Memorandum of Understanding / Article of Association /Board resolution, failing which tender shall be summarily rejected. A separate power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person, shall be submitted after award of work, specifically authorizing him/them to deal with all other contractual activities subsequent to signing of agreement, if required. Note: A Power of Attorney executed and issued overseas, the document will also have to be legalized by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is being issued. However, the Power of Attorney provided by Bidders from countries that have signed the Hague Legislation Convention 1961 are not required to be legalized by the Indian Embassy if it carries a conforming Appostille certificate.

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• 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/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.
  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 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 information as required as per 16.a), b), c) above has not been furnished, contract is liable to be dealt in accordance
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• For Partnership firm/Joint Venture (JV) / Hindu Undivided Family (HUF) / Limited Liability Partnership (LLP) etc. - The tenderer shall submit a certificate in the prescribed format as per Annexure V A (please download the format from the link given in Eligibility Tab also in Documents uploaded section). Non submission of the certificate, or submission of certificate either not properly filled in, or in a format other than the prescribed format shall lead to summary rejection of your offer. Bidders shall also confirm and certify on the behalf of the tenderer including its constituents from Sl No. 1 to 8 of Eligibility Tab during bid process

  Document required

• Bid Security as Bank Guarantee bond from a scheduled commercial bank of India . The Bank Guarantee bond shall be as per Annexure VIA (AVAILABLE IN GCC APRIL 2022 WHICH IS UPLOADED IN DOCUMENT TAB) .and shall be valid for a period of 90days beyond the bid validity period.The original Bank Guarantee should be delivered in person to the official nominated as indicated in the tender document within 5 working days of deadline of submission of bids.Non submission of scanned copy of Bank Guarantee with the bid on etendering portal (IREPS) and/or non submission of original Bank Guarantee within the specified period shall lead to summary rejection of bid.

• Duly filled and signed Annexure VIB (AVAILABLE IN GCC APRIL 2022 WHICH IS UPLOADED IN DOCUMENT TAB) ) duly supported by Audited Balance Sheet duly certified by the Chartered Accountant.( for work costing more than 50 lakhs )

• Technical Eligibility Criteria ( for work costing more than 50 lakhs )

Commercial-Compliance

• Commercial-Compliance:-

General Instructions

• General Instruction South Eastern Railway "Schedule of Labour and Materials Rates, Revised Edition 2001(Volume-I) [For P-Way Works of section-Z], Unified Standard Schedule of Rates -2010 (Works & Materials), Indian Railways Unified Standard Specifications (Works & Materials) Volume-I & Volume-II of 2010 for relevant items and IRSGCC April-2022 with upto date correction slip will be applicable in this contract.

• Right of Railway to Deal with Tenders The Railway reserves the right of not to invite tenders for any of 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 any such action.

• Drawings for the Work The Drawing for the work can be seen in the office of the DRM(Engg)/S.E. Railway/Ranchi Railway at any time during the office hours. The drawings are only for the guidance of Tenderer(s). Detailed working drawings (if required) based generally on the drawing mentioned above, will be given by the Engineer or his representative from time to time.

• 1. 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 tenderer(s) shall neither demand any explanation for the cause of rejection of his/ their tender nor the Railway to assign reasons for declining to consider or reject any particular tender or tenders.
  2. If the tenderer(s) deliberately gives / give wrong information in his / their tender or creates / create circumstances for the acceptance of his / their tender, the Railway reserves the right to reject such tender at any stage.
  3. If any partner(s) of a partnership firm expires after the submission of its tender or after the acceptance of its tender, the Railway shall deem such tender as cancelled/contract as terminated under clause 61 of the Standard General Conditions of Contract, unless the firm retains its character as per partnership agreement. If a sole proprietor expires after the submission of tender or after the acceptance of tender, the Railway shall deem such tender as cancelled / contract as terminated under clause 61 of the Standard General Conditions of Contract.
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• 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 endeavor 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.

• 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.

• For settlements of disputes, Arbitration and Conciliation Act 1996 and provision made in relevant clauses of GCC April-2022 with up-to-date correction slip will be binding.

• 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. 26A.Deployment of Qualified Engineers at Work Sites by the Contractor: 26A.1The Contractor shall also employ qualified Graduate Engineer(s) or equivalent, or qualified Diploma Engineer(s),as prescribed in the tender documents. 26A.2 In case the Contractor fails to employ the Engineer, as aforesaid in Para 26A.1, he shall be liable to pay liquidated damages at the rates, as prescribed in the tender documents. 26A.3 No. of qualified Engineers required to be deployed by the Contractor for various activities contained in the works contract shall be specified in the tender documents as 'Special Condition of Contract'.

  1. Cost of work Rs.200 Lakhs and above- One Graduate Engineer.
  2. Cost of work more than Rs.25 Lakhs but less than Rs.200 Lakhs- One Diploma Holder Engineer. Note:- Track related contractual works of values as specified in para-b, individuals having Diploma in Railway Engineerig awarded by IPWE- India shall also be considered as qualified Diploma Holder Engineers and contractors for track contract works can employ such individuals at their worksite on Indian Railway vide Rly. Bds letter No. 2012-CE-I-CT-O-20, Dt- 12.07.2013. In case the contractor fails to employ the Qualified Engineer, as aforesaid in para above, he or him in terms of provisions of clause 26A.2 to the General Conditions of Contract, shall be liable to pay an amount of Rs.40,000 and Rs.25,000 for each month or part thereof for the default period for the provisions as mentioned in para-a and b above respectively.
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• Provisions of Make in India Policy 2017 issued by Govt. of India, as amended from time to time, shall be followed for consideration of tenders.

• 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. Note: Security Deposit deposited in cash by the Contractor or recovered from the running bills of a Contractor or submitted by contractor as Term Deposit Receipt(s) can be refunded/returned to the contractor, in lieu of irrevocable Bank Guarantee bond issued from scheduled commercial bank of India, to be submitted by him, for an amount equal to or more than the already available Security Deposit, provided however that, in a contract of value less than Rs. 50 Crore, such refund/ return of the already available Security Deposit is permitted up to two times and in a contract of value equal to or more than Rs. 50 Crore, such refund / return of the already available Security Deposit is permitted up to three times.

  1. Refund of Security Deposit: Security Deposit mentioned in sub clause (1) above shall be returned to the Contractor along with or after, the following:
     1. Final Payment of the Contract as per clause 51.(1) and
     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.
  2. Forfeiture of Security Deposit: Whenever the contract is rescinded as a whole under clause 62 (1) of these conditions, the Security Deposit already with railways under the contract shall be forfeited. However, in case the contract is rescinded in part or parts under clause 62 (1) of these conditions, the Security Deposit shall not be forfeited.
  3. No interest shall be payable upon the Bid Security and Security Deposit or amounts payable to the Contractor under the Contract, but Government Securities deposited in terms of Sub- Clause 16.(4) (b) of this clause will be payable with interest accrued thereon.
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• Performance Guarantee The procedure for obtaining Performance Guarantee is outlined below:

  1. The successful bidder shall have to submit a Performance Guarantee (PG) within 21 (Twenty one) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 21 (Twenty one) days and upto 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 12% per annum shall be charged for the delay beyond 21(Twenty one) days, i.e. from 22ndday after the date of issue of LOA. Further, if the 60thday happens to be a declared holiday in the concerned office of the Railway, submission of PG can be accepted on the next working day. In all other cases, if the Contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract is liable to be terminated. In case contract is terminated railway shall be entitled to forfeit Bid Security and other dues payable to the contractor against that particular contract, subject to maximum of PG amount. In case a tenderer has not submitted Bid Security on the strength of their registration as a Startup recognized by Department of Industrial Policy and Promotion (DIPP) under Ministry of Commerce and Industry, DIPP shall be informed to this effect. The failed Contractor shall be debarred from participating in re-tender for that work.
  2. The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% of the original contract value:-
     1. A deposit of Cash;
     2. Irrevocable Bank Guarantee;
     3. Government Securities including State Loan Bonds at 5% below the market value;
     4. Pay Orders and Demand Drafts tendered by any Scheduled Commercial Bank of India;
     5. Guarantee Bonds executed or Deposits Receipts tendered by any Scheduled Commercial Bank of India;
     6. Deposit in the Post Office Saving Bank;
     7. Deposit in the National Savings Certificates;
     8. Twelve years National Defence Certificates;
     9. Ten years Defence Deposits;
     10. National Defence Bonds and
     11. Unit Trust Certificates at 5% below market value or at the face value whichever is less.
  3. 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 upto 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.
  4. 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.
  5. 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.
  6. Whenever the contract is rescinded, the Performance Guarantee already submitted for the contract shall be encashed.
  7. 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:
  9. 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.
     2. 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.
     3. The Contract being determined or rescinded under clause 62 of these conditions.
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• 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
  2. 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 (in which no variation limit shall apply). However, the rates for the increased quantities shall be as per sub- para (iii) below. (ii) 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. (iii) 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 100% 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 100% but upto 200% 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 200% 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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• 4. In case of earthwork, the variation limit of 25% shall apply to the gross quantity of earthwork items and variation in the quantities of individual classifications of soil shall not be subject to this limit.
  5. As far as Standard Schedule of Rates (SSOR) items are concerned, the variation limit of 25% would apply to the value of SSOR schedule(s) as a whole and not on individual SSOR items. However, in case of Non Standard Schedule of Rates (SSOR) items, the limit of 25% would apply on the individual items irrespective of the manner of quoting the rate (single percentage rate or individual item rate).

• General Conditions of Contract April-2022 shall be applicable for all the tenders and contracts of railways for execution of works as defined in GFR 2017.

• Date of inviting tender shall be the date of publishing tender notice on IREPS website if tender is published on website or the date of publication in newspaper in case tender is not published on website.

• Omissions & Discrepancies Should a tenderer find discrepancies in or omissions from the drawings or any of the Tender Forms or should he be in doubt as to their meaning, he should at once notify the authority inviting tenders. The tender inviting authority may, if deemed necessary, clarify the same to all tenderers. It shall be understood that every endeavour has been made to avoid any error which can materially affect the basis of tender and successful tenderer 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.

• Provisions of Contract Labour (Regulation and Abolition) Act, 1970, Provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952, Provisions of "The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996" and "The Building and Other Construction Workers' Welfare Cess Act, 1996", shall be binding to the tenderer.

• Restrictions on the Employment of Retired Engineers of Railway Services Within One Year of their Retirement: The Contractor shall not, if he is a retired Government Engineer of Gazetted rank, himself engage in or employ or associate a retired Government Engineer of Gazetted rank, who has not completed one year from the date of retirement, in connection with this contract in any manner whatsoever without obtaining prior permission of the President and if the Contractor is found to have contravened this provision it will constitute a breach of contract and administration will be entitled to terminate the contract and forfeit his Performance Guarantee as well as Security Deposit. Care in Submission of Tenders:

  1. 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. (a)
     2. 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. (a)
     3. 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. (a)
     4. Incase 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.
  2. When work is tendered for by a firm or company, the tender shall be signed by the individual legally authorized to enter into commitments on their behalf.
  3. 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.
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• The Contract Agreement shall be entered into by Railway only after submission of valid Performance Guarantee by the Contractor. Failure to do so shall constitute a breach of the agreement affected by the acceptance of the tender. In such cases the Railway may determine that such tenderer has abandoned the contract and there upon his tender and acceptance thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of the Bid Security and other dues payable to the Contractor under this contract. The failed Contractor shall be debarred from participating in the re tender for that work.

• The Tenderer(s) shall keep the offer open for a minimum period of 60 days (in case of two packet system of tendering 90days) from the date of closing of the Tender. It is understood that the tender documents have been issued to the Tenderer(s) and the Tenderer(s), is / are permitted to tender in consideration of the stipulation on his / their part that after submitting his / their tender subject to the period being extended further, if required by mutual agreement from time to time, he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to ___________ Railway. Should the tenderer fail to observe or comply with the foregoing stipulation, the amount deposited or Bank guarantee bond submitted as Bid Security for the due performance of the above stipulation, shall be forfeited to the Railway.

• If any discrepancy arises between special conditions of contract and USSOR- 2010, Indian Railways Unified Standard Specifications- Works and Materials - 2010 and IRSGCC April- 2022 with updated correction slips, in such case the decision of DRM-Engg or PCE, SER will be final and binding. EPF and ESI registration would be mandatory wherever applicable and documents towards EPF and ESI registration shall be submitted before execution of the agreement failing which contract will be terminated. The labours deployed by the contractor for the entire work should have individual Bank account in their own name. The payment to the labour by the contractor should as far as possible be made through bank accounts of the individual labour as per the latest minimum wages issued from Chief labour commissioner (C).

• The successful bidder shall submit the Performance Guarantee (PG) amounting to 5% of the original contract value and Additional Performance Guarantee ad per clause 16(4)(h) mentioned in Advance Correction Slip No. 11 to Indian Railway Standard General Conditions of Contract, April- 2022 in any of the following forms

  1. A deposit of Cash.
  2. Irrevocable Bank Guarantee.
  3. Insurance Surety Bond as per Annexure - XVII 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 Schedule 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 Savings Bank
  8. Deposit in the National Savings Certificates.
  9. Twelve years National Defence Certificates
  10. National Defence Bonds &
  11. Unit Trust Certificates at 5% below market value or at the face value whichever is less.
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• If a bidder quotes less than the advertised tender value, •If the quoted rate is 0% to 5%(inclusive) below the advertised cost ,No additional Performance Guarantee is required. (ii)If the quoted rate is more than 5% below the advertised cost, The bidder must submit an additional Performance Guarantee of 5%. Additional Performance Guarantee should be submitted by the succesful bidder as per clause 16(4)(h) mentioned in Advance Correction Slip No. 11 to Indian Railway Standard General Conditions of Contract, April- 2022 .

• All contractors must ensure disbursement of wages within the prescribed time limits without any delay. Monitoring mechanisms may be strengthened to prevent instances of wage withholding or irregular deductions. The time limits for payment of wages for different wage periods as per Code on Wages 2019 for all workers and contract workers is as under. The time limit for payment of wages depends on the wage period as follows: In the case of daily wages, payment shall be made at the end of the shift. For weekly wages, payment shall be made before the weekly holiday. For fortnightly wages, payment shall be made within two days from the end of the fortnight. For monthly wages, payment shall be made within seven days of the succeeding month.

• Every employee and contract worker should be provided with a formal appointment letter clearly outlining terms and conditions of employment. This promotes transparency and safeguards the rights of workers and this should be ensured by all principal employers as mandated by The Occupational Safety, Health and Working Conditions Code, 2020. A proforma of the appointment letter is enclosed as Annexure I.

• To ensure accountability and clarity in wage disbursement, wage slips must be issued to all employees and contract labour at the time of wage payment, detailing earnings, deductions, and net payable amount as per Code on Wages, 2019. A proforma Wage Slip is enclosed as Annexure II. In case appointment letter and wage slips are being issued with fields mentioned in the above indicated formats, the same may be continued to be used. The statutory welfare facilities such as drinking water, sanitation, rest areas, creche and first aid are adequately provided to all contract labourers at the worksites.

Also, FDR in favour of FA&CAO (free from any encumbrance) may be accepted.

Special Conditions

• If required contractor should mobilise to do night working for which they will be required to have their own sufficient lighting arrangements. No extra payment will be admissible on this account

• The rates to be quoted are inclusive of all lead, lift, loading, unloading, and handling, GST and all other charges and taxes levied by the State as well as Central Govt. from time to time.

• Income tax, Con.cess , Royalty etc. where applicable will be deducted at source as per permissible rate.

• No compensation whatsoever towards any accident will be paid by the Railway.

• All items of works are required to be carried out with contractor's labour and tools.

• In case of accidents/natural calamities involving human lives, Railway shall have the right to use Contractors vehicles and equipment for rescue and restoration work, as per requirement. Necessary payment for such utilization of contractor's resources shall be made by inclusion of suitable additional non-schedule items in the contract at rates and conditions mutually agreed. However, utilization of contractor's resources shall not be held up for finalization of rates and conditions or any other reason whatsoever.

• No extra lead, lift or any other charges will be paid to the contractor.

• The work is to be executed with contractor's own tools and plants, labour etc. under the supervision and direction of the Engineer-in-charge or his authorised representative.

• The contractor shall purchase season tickets as per the extant procedure for his labour for travel by train in order to ensure adequate facilities of their transportation from their place of living to the place of work and back. However, no free Railway passes shall be issued by the Railway to the Contractor or any office Employee/Worker. No claim on account of purchase of season tickets on the part of the Contractor will be entertained by the Railway Administration.

• For the purpose of calculation of Income Tax U/S 194-C of the Income Tax Act-1961. The Income Tax would be deducted as per the rates prescribed by Govt.of India.

• Employment of Diploma holder/Engg. Graduate In terms of provisions of new Clause 26A.1 to the GCC: Contractor shall also employ following qualified Engineers during execution of the allotted work:-

  1. 200 Lakhs and above- One qualified Graduate Engineer (Civil or equivalent)during the period of currency of contract.
  2. Above 25 Lakhs but less than 200 Lakhs-One qualified Diploma holder Engineer (civil or equivalent)during the period of currency of contract. In case the contractor fails to employ the qualified Engineer, as aforesaid above, he in terms of provisions of clause 26A.2 to the GCC, shall be liable to pay an amount of 40,000 and 25,000 for each month or part thereof for the default period for the provisions, as contained in
     1. and
     2. above respectively.

• Price Variation Clause (PVC) shall be applicable only in tender having advertised value above Rs. 2 Crores and having completion period above 12 months. Provided further that, in a contract where PVC is applicable, following shall be outside the purview of price adjustments (i.e. shall be excluded from the gross value of the work for the purpose of price variation) :

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

• Any special conditions given by the tenderer in the tender schedule will be liable to be rejected.

• If the contract of any agency is terminated solely on account of nonperformance by them , the same agency will be debarred for participation in any of the tender in Ranchi Division for 02 years from the date of termination .

• Condition for procurement of steel items 'All Reinforcement steel (TMT Bars) and structural steel shall be procured as per specifications mentioned in BIS's documents - IS:1786 and IS: 2062 respectively. Independent tests shall be conducted, wherever required, to ensure that the materials procured conform to the specifications. These steels shall be procured only from those firms, which are established. Reliable, Indigenous & Primary producers of Steel, having integrated steel plants (IPS), using iron ore as the basic raw material and having in-house iron rolling facilities, followed by production of liquid steel and crude steel, as per Ministry of Steel's guidelines. However, only certain isolated sections of structural steel, not being rolled by ISPs, can be procured from the authorised re- rollers of ISPs authorised licensee of BIS having traceability system and who use billets produced by ISPs. Traceability shall be ensured by an officer specially authorised by the concerned SAG officer of the Zonal Railway on case-to-case basis for this purpose.'

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• Royalty clearance certificate for minerals to be submitted by the contractor. Echallan for minerals to be submitted by the contractor.

• The rates are inclusive of all taxes ( including GST) including commercial tax, con. cess wherever applicable and other charges leviable by the Govt.

• A copy of the license shall be displayed prominently at the premises where the contract work is being carried out.

• The contractor will depute his own labours with all requisite tools during the work.

• The tenderer for carrying out any construction work in Jharkhand/ WestBengal must get themselves registered from the registering Officer undersection-7 of the building and other construction works Act, 1996 and rulesmade thereto by the Jharkhand West Bengal State Govt. and submitcertificate of registration issued from the registering Officer of the JharkhandGovt. (Labour Deptt). For enactment of this act the tenderer shall be requiredto pay cess @ 1% of cost of construction work to be deducted from each bill.

• All labour(Skilled , Semi-skilled , Unskilled ) shall, at all times be equipped with safety gear including helmets, safety jackets, safety shoes, harness etc. (as dictated by the nature of work ) barring which no work shall be allowed . Apart from that, facemask, face shield, sanitizers shall be made available to all labour at all times.

• Contractor's materials to be used in this work should be got approved by the Representative of Engineer-in-charge(ADEE of his jurisdiction) well before use of the materials. This will be the responsibility of the contractor to get the materials approved and if the contractor uses the material without approval, the repercussion will have to be shouldered by the contractor.

• Works will have to be carried out as per Rly.'s specification as laid down in various manual, codes, Circulars and as directed by ADEE or his representatives at site.

• The Railway reserves the right to remit the royalty amount, recovered from the contractor, to the concerned state Government (mining authorities) if the contractor fails to submit the royalty clearance certificate.

• The executing agency, after issuance of LOA, shall visit the consignee's premises within one week from the date of issuance of the Letter of Acceptance (LOA) and shall submit a detailed Bar Chart indicating the schedule for execution of the work to the Consignee as well as to the office of the Sr. DEE/TRD/CKP. The work shall be planned and executed in accordance with the Bar Chart submitted.

• The executing agency, after issuance of LOA, shall submit progress report at the end of each month to the office of the Sr. DEE/TRD/CKP. The report shall include the day-wise progress of work executed during the month and shall be jointly signed by the Consignee and the Contractor's authorized Supervisor.

• No compensation towards any accident what so ever will be paid by the Railways.

• All the scrap and released materials to be returned to the Railways as per instruction given by the Engineer-in-Charge or his authorized representative at their nominated places after completion of the work

• Decision of Sr. DEE(TRD)/CKP regarding minus and / or plus variation as per the Railways requirement will be final and binding on the contractor.

• Any instructions issued by the Railway from time to time regarding payment of wages to labour will be adhered to by the contractor and Decision of Sr.DEE/TRD/CKP regarding this will be final and binding on the contractor

• The tenderer should read the tender schedule along with explanatory notes under technical compliance in respect of the work and site condition carefully and seek clarification if any before submitting the tender paper. No clarification/dispute will be entertained afterwards. Any clarification/disputes after opening of tender in this regard will be decided by Sr.DEE/TRD/CKP and his decision shall be final and binding on the contractor.

• Tender should carefully understand the tender schedule along with explanatory notes under Technical compliance and inspect the site to satisfy himself in all respect to complete the project/work before submitting the offer. After submission of offer it will be deemed that the contractor has understood the project/work and will complete the project/work at the quoted rate. It is understood and agreed that the contractor has, by carefully examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the progress of the works, the general and local conditions, the labour conditions prevailing therein and all other matters which can in any way affect the works under the contract.

The contractor shall be responsible for all released materials and materials handed over to him for laying and fixing in position until and unless handed over to Rly.

No extra payment will be made on this account.

In case the contractor fails to return the un-used or excess materials the cost of such materials will be deducted from the contractor's dues as per extant rules.

Contractor is to abide by the provisions of various labour laws in terms of above clause 54, 55, 55-A and 55-B of Indian Railways Standard General Conditions of Contract.

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

Contractor shall register his firm/company etc. and upload requisite details of labour and their payment in this portal.

These details shall be available in public domain.

The Registration/ updation of Portal shall be done as under: (a)Contractor shall apply for onetime registration of his company/firm etc. in the Shramik Kalyan 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.

(b)Contractor once approved by any Engineer, can create password with login ID (PAN No.) for subsequent use of portal for all Letter of Acceptances (LOAs) issued in his favour.

(c)The contractor once registered on the portal, shall provide details of his Letter of Acceptances (LOAs) / Contract Agreements on Shramik Kalyan 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.

(d)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 Shramik Kalyan portal on monthly basis.