Comprehensive Annual Maintenance Contract (CAMC) of Integrated Power Supply System (IPS) (Statcon Energiaa make) for a period of 05 (Five) years installed at different stations in Kharagpur Division…

• (a) Sole Proprietorship Firm: (i) All documents in terms of Para 10 of the Tender Form (Second Sheet) IRSGCC April-2022.

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• (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.
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• (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. 18.4 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. Any 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 non-execution 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 April2022 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 terms of Para 10 of the Tender Form (Second Sheet) of IRSGCC April- 2022. 17.14.7 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, 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 is carries a confirming Appostille certificate. (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.
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• (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.
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• 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.
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• 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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• UPLOADING OF DOCUMENTS IN PARA 1.1 TO 1.7 HAS BEEN KEPT AS OPTIONAL SO THAT ALL PARTICIPATING TENDERERS ARE NOT COMPELLED TO UNNECESSARILY UPLOAD DOCUMENTS AGAINST ALL ITEMS. HOWEVER AS MENTIONED IN PARA-1, IT IS MANDATORY TO UPLOAD DOCUMENT AGAINST RELEVANT PARA 1.1-1.7 DEPENDING ON NATURE OF FIRM. OFFERS SUBMITTED WITHOUT THESE MANDATORY DOCUMENTS SHALL BE SUMMARILY REJECTED. The tenderer whether sole proprietor / a company or a partnership firm registered society / registered trust / HUF / LLP etc if they want to act through agent or individual partner(s), should submit along with the tender, a copy of power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person, specifically authorizing him/them to sign the tender, submit the tender and further to deal with the Tender/ Contract up to the stage of signing the agreement except in case where such specific person is authorized for above purposes through a provision made in the partnership deed / Memorandum of Understanding / Article of Association /Board resolution, failing which tender shall be summarily rejected. A separate power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person, shall be submitted after award of work, specifically authorizing him/them to deal with all other contractual activities subsequent to signing of agreement, if required. Note: A Power of Attorney executed and issued overseas, the document will also have to be legalized by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is being issued. However, the Power of Attorney provided by Bidders from countries that have signed the Hague Legislation Convention 1961 are not required to be legalized by the Indian Embassy if it carries a conforming Apostille certificate. 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 with provision of clause 62 of the Standard General Condition of contract
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• Duly filled up and signed Annexure-V(A) is to be given by attorney / authorized signatory /each member of Partnership firm/Joint Venture (JV) / Hindu Undivided Family (HUF) /Limited Partnership (LLP) etc. Format has been enclosed.

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• The tenderers shall submit a copy of certificate stating that all their statements/documents submitted along with bid are true and actual. Standard format of certificate to be submitted by the bidder is enclosed as Annexure-V. Non Submission of above certificate by the bidder shall result in summarily rejection of his/their bid. This Certificate is to be given by each member of JV or Partners of Partnership firm/LLP etc (Whichever is applicable).

  Document required

• 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.

• The contractor once registered on the portal, shall provide details of his Letter of Acceptances (LoAs) / 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.

• After approval of LoA by Engineer, contractor shall fill the salient details of contract labours engaged in the contract and ensure updating of each wage payment to them on shramikkalyan portal on monthly basis.

• It shall be mandatory upon the contractor to ensure correct and prompt uploading of all salient details of engaged contractual labour & payments made thereof after each wage period. While processing payment of any 'On Account Bill' or 'Final Bill' or release of 'Advances' or 'Performance Guarantee / Security deposit', contractor shall submit a certificate to the Engineer or Engineer's representatives that "I have uploaded the correct details of contract labours engaged in connection with this contract and payments made to them during the wage period in Railway's Shramikkalyan portal at 'www.shramikkalyan. indianrailways.gov.in' till Month, Year."

• All the Terms and Conditions in this contract is as per Indian Railways Standard General Conditions of Contract updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents

• 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

• Letter of Credit(LC) Arrangement (Ref: Railway Board Letter No. 2018/CEI/ CT/9 New Delhi, Dated 04.06.2018)

• For all the tenders having advertised cost of Rs 10 lakh or above, the contractor shall have the option to take payment from Railways through a letter of credit (LC) arrangement.

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

• The option so exercised, shall be an integral part of the bidder's offer.

• The above option of taking payment through LC arrangement, once exercised by tenderer at the time of bidding, shall be final and no change shall be permitted, thereafter, during execution of contract.

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

• The LC shall be a sight LC.

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

• SBI, New Delhi, Main Branch will be the nodal branch for issue of LCs basedon online requests received from Railway Accounts Units for tenders openedin financial year 2021-22.SBI branches where the respective RailwayAccounts Office has its Account (local SBI branch) will be theissuance/reimbursing branch for LC issued under this arrangement. TheBank shall remain same for this tender till completion of contract. Theincidental cost @ 0.15% per annum of LC value, towards issue of LC andoperation thereof shall be borne by the contractor and shall be recoveredfrom his bills.

• The LC shall be opened initially for duration of 180 to 365 days in consultation with contractor. The LC shall he attended time to time as Per the progress of the contract, on the request of the contractor. The value of LC to be opened initially as well as attended thereafter shall be finalized by the engineer in consultation with the contractor on the basis of expected progress of work. The LC terms and conditions shall inter-alia indemnify and save harmless the Railway from and against all losses, claims and demands of every nature and description brought or recovered against the Railways by reason of any act or omission of the contractor, his agents or employees, in relation to the Letter of Credit (LC). All sums payable/borne by Railways on this account shall be considered as reasonable compensation and paid by contractor.

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

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

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

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

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

• Railway 's Bank (Local SBI Branch).

• documents to the Railway's Bank (Local SBI Branch).

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

• Any number of bills can be dealt within one LC, provided the sum total of payments to contractor is within the amount for which LC has been opened.

• including PVC amount, if any, to the contractor.

• The release of Performance Guarantee or security Deposit shall be dealt directly by Railway with the Contractor i.e. not through LC.

Special Conditions

• of contract has been uploaded as a document which will be in effect for this tender.

• Note AMC of each Integrated Power Supply System will commence only after expiry of Warranty/AMC Period.

• Note AMC will be discontinued in case the IPS is replaced by a new one.

Custom

• AMC of each Integrated Power Supply System will commence only after expiry of Warranty/AMC Period.

• AMC will be discontinued in case the IPS is replaced by a new one.