Comprehensive Annual Maintenance Contract for Control Unit and Overhauling Contract for Actuator Unit of Micro Controller Based Governor (MCBG) for ALCO Locomotives of DLS/MIB/NGP on single tender ba…

• 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 these conditions.

• The Tenderer(s) shall keep the offer open for a minimum period 90 days form the date of opening of the Tender. It is understood that the tender documents has been sold /issued to the Tenderer(s) and the Tenderer(s) is/are permitted to tender is 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 form time to time, he will not resile form his offer or modify the terms and conditions thereof in a manner not acceptable to the of South East Central Railway. Should the Tenderer fail to observe or comply with the foregoing stipulation, the amount deposited as Earnest Money or the due performance of the above stipulation shall be forfeited to the Railway.

• The tenders submitted without valid Earnest Money will summarily be rejected.

• Full Earnest Money as mentioned above will be deposited as security deposit for the due performance of the stipulation to keep the offer open for a period of 90 (Ninety) days from the date of opening of the same and it being understood that the tender documents have been sold/issued to the tenderer and is being permitted to tender in consideration of the stipulation on his part that after submitting his tender he will not resile from his offer or modify the terms and conditions, thereof in a manner not acceptable to the Divisional Railway Manager (Mech/Diesel)/Sr. Divl. Mech. Engineer Diesel)/South East Central Railway/Motibagh, Nagpur and should the tenderer fail to observe or comply with the foregoing stipulations the amount will be forfeited by the Railway.

• Any special condition of contract however shall over rule provision of the GCC 2022 with latest correction slip unless otherwise stated.

• Security Deposit.:- Unless other wise specified in the special condition, if any, the security Deposit /rate of recover/mode of recovery shall be as under:- (As per Railway Boards letter No. 2003/CE-I/CT/4/part.I dated 12/16.05.2006)

• Security Deposit for each work shall be 5% of the contract value. No

• The rate of recovery shall be at the rate of 6 % of the bill amount till the full security deposit is recovered.

• Security Deposits will be recovered only from the running bills of the contract and no other mode of collecting SD, such as SD in the form of instruments like BG, FD etc., shall be accepted towards Security Deposit. Security Deposit shall be returned to the contractor after the physical completion of the work as certified by the Competent Authority. The Competent Authority shall normally be the authority who is competent to sign the contract. If this Competent Authority is of the rank lower than JA Grade, then a JA grade Officer (Concerned with the work) should issue the certificate. The certificate, inter alia, should mention that the work has been completed in all respects and that all the contractual obligations have been fulfilled by the contractors and that there is no due from the contractor to Railways against the contract concerned. The security deposit shall ,however,be released only after expiry of the maintance period and after passing the final bill based on no claim certificate from the contractor.

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• Tender form is not transferable under any circumstances.

• The tenderer/s are advised to furnish the details

  1. Beneficiary Name
  2. Account No.
  3. Type of Account
  4. Bank
  5. City
  6. Branch
  7. Remarks if any .
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• 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.

• Tenderers Credentials Documents testifying tenderers previous experience and financial status should be produced alongwith the tender or when desired by competent authority of the South East Central Railway. Tenderer(s) who has/have not carried out any work so far on this Railway and who is/are not borne on the approved list of the Contractors of South East Central Railway should submit alongwith his/their credentials to establish.

• Noncompliance with any of the conditions setforth there in above is liable to result in the tender being rejected.

• 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.

• Commencement of works The Contractor shall commence the works within 15 days after the receipt by him of an order in writing to this effect from the Engineer and shall proceed with the same with due expedition and without delay.

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

• Performance Guarantee (P.G) :-The procedure for obtaining Performance Guarantee is outlined below:-The successful bidder shall have to submit a Performance Guarantee (P.G.) with in 21 (Twenty First) days from the date of issue of letter of Acceptance (LOA). Extension of time for submission of PG beyond 21 days and upto the date of submission of PG 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. In case the contractor fails to submit the requisite PG after 60 days from the date of issue of LOA notice shall be served to the contractor to deposit the PG immediately (however not exceeding 90 days from the date of issue of LOA). In case the contractor fails to submit the requisite PG even after 90 days from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues ,if any payable against that contract. The failed contractor shall be debarred from participating in re-tender for that work.

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• The successful bidder shall submit the performance Guarantee (PG) in any of the following forms, amounting to 5% of the contract valueA. Deposit of Cash.Irrevocable Bank Guarantee.If performace guarantee(PG) in the form of Bank Guarantee is submitted ,it should be sent directly by the respective bank to the concerned authority addressed to Divisional Railway Manager (Engg) SEC Railway Kingsway Nagpur 440001(MS)under registered post AD and the stamp duty for Bank guarantee (Non judicial stamp)applicable @ Rs.100/- The s a i d stamp duty is also applicable for extension of bank guarantee.Government Securities including State Loan Bonds at 5% (Five percent) below the market value.Deposit Receipt, Pay orders, Demand Drafts and Guarantee Bonds. These forms of performance Guarantee could be either of State Bank of India or any of the Nationalized Banks.Guarantee Bonds executed or Deposits Receipts tendered by all schedule Banks;A Deposit in the Post office Saving Bank;A Deposit in the National Saving certificates;Twelve years Defense certificates.Ten years Defense Deposits;National Defense Bonds andUnit Trust certificates at 5 percent below market value or the face value whichever is less. Also FDR in favour of FA & CAO, S.E.C. Railway (free from any encumbrance) may be accepted.Note: The instruments as listed above will also be acceptable for Guarantee in case of mobilization advance.

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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 PG 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 PG extended to cover such extended time for completion of work plus 60 days.

• The value of PG to be submitted by the contractor will not change for variation up to 25% (either increase or decrease). In case during the course of execution, value of the contract increases by more than 25% of the original contract value, an additional performance Guarantee amounting to 5%(five percent) for the excess value over the original contract value shall be deposited by the contractor.

• The Performance Guarantee (PG) shall be released after the physical completion of the work based on the Completion Certificate issued by the competent authority stating that the contractor has completed the work in all respects satisfactorily. The security deposit, shall however, be released only after the expiry of the maintenance period and after passing the final bill based on No Claim Certificate.from the contractor

• Wherever the contract is rescinded, the security deposited shall be forfeited and the Performance Guarantee shall be en- cashed.The balance work shall be got done independently without risk and cost of the failed contractor. The failed contractor shall be debarred from participating in the tender for executing the balance work.If the failed contractor is JV or a partnership firm, then every member/partner of such a firm shall be debarred from participating in the tender for the balance work in his /her individual capacity or as a partner of any other JV/partnership firm.

• 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.

• Imposition of token penalty for delay in the completion of work :- The existing clause 17 (B) of GCC provides for recovery of liquidated damages from the contractor for delay in completion of work. It has now been decided that the competent authority while granting extension to the currency of contract under clause 17 (B) of GCC may also consider levy of token penalty as deemed fit based on the merit of case.

• Individual NS items in contracts shall be operated with variation of plus or minus 25% and payment would be made as per the agreement rate. For this, no finance concurrence would be required.

• Operation of an item by more than 125% of the agreement quantity needs the approval of an officer of the rank not less than S.A. Grade:

  1. Quantities operated in excess of 125% but 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: Variation in quantities of individual item beyond150% will be prohibited and would be permitted only in exceptional unavoidable circumstances with the concurrence of associate finance and shall be paid at 96% at the rate awarded for that item in the particular tender:

• In case where decrease is involved during execution of contract:

  1. The contract signing authority can decrease the item upto 25% of individual item without finance concurrence.
  2. For decrease beyond 25% for individual items or 25% of contract agreement value, the approval of an officer not less than rank of S.A. grade may be taken, after obtaining NO claim certificate from the contractor and with finance concurrence, giving detailed reasons for each such decrease in the quantities.
  3. It should be certified that the work proposed to be reduced will not be required in the same work.

• Tenderer/tenderers should submit all required documents along with the tender.

(i) His capacity to carry out the work satisfactorily.

(ii) His financial status supported by Bank reference and other documents.

(iii) Certificates duly attested and testimonials regarding contracting experience for the type of job for which tender is invited with list of works carried out in the past.

Special Conditions

• A. Contractor is to abide by the provision of Payment of Wages act & Minimum Wages act in terms of clause 54 and 55 of Indian Railways General Condition of Contract. In order to ensure the same, an application has been developed and hosted on website "www. shramikkalyan.indianrailways.gov.in". Contractor shall register his firm/company etc. and upload requisite details of labour and their payment in this portal. These details shall be available in public domain. The Registration/updation of Portal shall be done as under:

  1. Contractor shall apply for onetime registration of his company/firm etc. in the Shramikkalyan portal with requisite details subsequent to issue of Letter of Acceptance. Engineer shall approve the contractor's registration on the portal within 7 days of receipt of such request.
  2. Contractor one 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 updat3e (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. B . 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" til ________Month_____Year".
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