Provision of Warning alarm of failure of track feed charger at balance stations in Samastipur Division.

• (e) "Engineer" shall mean the Divisional Engineer or Executive Engineer, Divisional Signal & Telecom Engineer, Divisional Electrical Engineer, Divisional Mechanical Engineer in executive charge of the works and shall include the superior officers, both Open Line and Construction Organisations, of Engineering, Signal & Telecom, Mechanical and Electrical Departments, i.e. the Senior Divisional Engineer/Deputy Chief Engineer, Senior Divisional Signal & Telecom Engineer / Dy. Chief Signal & Telecom Engineer, Senior Divisional Electrical Engineer / Deputy Chief Electrical Engineer, Senior Divisional Mechanical Engineer and shall mean & include the Engineers of the Successor Railway.

• (f) "Tenderer" shall mean the person / firm / co-operative or company whether incorporated or not who tenders for the works with a view to execute the works on contract with the Railway and shall include their representatives, successors and permitted assigns.

• 7. "Limited Tenders" shall mean tenders invited from all or some contractors on the approved or select list of contractors with the Railway.
  8. "Open Tenders" shall mean the tenders invited in open and public manner and with adequate notice.

• (i) "Works" shall mean the works contemplated in the drawings and Bill(s) of Quantities set forth in the tender forms and required to be executed according to the specifications.

• (j) "Specifications" shall mean the Specifications for Materials and Works of the Railway as specified under the authority of the Ministry of Railways or Chief Engineer or as amplified, added to or superseded by special specifications if any, appended to the Tender Forms.

• (l) "Drawings" shall mean the maps, drawings, plans and tracings, or prints thereof annexed to the Tender Forms.

• (m) "Contractor's authorized Engineer" shall mean a graduate engineer or equivalent, having more than 3 years experience in the relevant field of construction work involved in the contract, duly approved by the Engineer.

• (n) 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.

• (o)"Bill of Quantities" shall mean Schedule of Item(s) included in the tender document along with respective quantities.

• 1.3 Words importing the singular number shall also include the plural and vice versa where the context requires.

• CREDENTIALS OF CONTRACTORS:

• 2.Application for Registration and Approved list of contractors:

• 2.1 Works of construction and of supply of material shall be entrusted for execution to contractors whose capabilities and financial status have been investigated and approved to the satisfaction of the Railway. A list of approved contractors may also be maintained by the Railway. The said list be revised periodically once in a year or so by giving wide publicity through advertisements etc. For registration, the contractor including a contractor who is already on the approved list shall apply to the concerned General Manager (Construction) / Chief Administrative Officer (Construction) / Principal Chief Engineer / Principal Chief Signal & Telecommunication Engineer / Principal Chief Mechanical Engineer / Principal Chief Electrical Engineer/ Divisional Railway Manager, furnishing particulars regarding:

  1. his position as an independent contractor specifying engineering organization available with details of partners / staff / engineers employed with qualifications and experience;
  2. his capacity to undertake and carry out works satisfactorily as vouched for by a responsible official or firm; details about the transport equipments, construction tools and plants etc. required for the work, maintained by him;
  3. his previous experience of works similar to that to be contracted for, in proof of which original certificates or testimonials may be called for and their genuineness verified, if needs be, by reference to the signatories thereof;
  4. his knowledge from actual personal investigation of the resources of the area/zone or zones in which he offers to work;
  5. his ability to supervise the work personally or by competent and duly authorized agent;
  6. his financial position;
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• 2.2 An applicant shall clearly state the categories of works and the area/zone/division(s)/district(s) in which he desires registration in the list of approved contractors.

• 2.3 The selection of contractors for enlistment in the approved list would be done by a committee for different value of slabs as notified by Railway.

• 2.4 An annual fee as prescribed by the Railway from time to time would be charged from such approved contractors to cover the cost of sending notices to them and clerkage for tenders etc. Notices shall be sent to them on registered e-mail address and registered postal address.

• TENDERS FOR WORKS:-

• 3.Tender Form: Tender Forms shall embody the contents of the contract documents either directly or by reference and shall be as per specimen form, Annexure-I. e-Tender Forms shall be issued free of cost to all tenderers.

• 4.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.

• 5.Bid Security:

• 1 (a). The tenderer shall be required to submit the Bid Security with the tender for the due performance with the stipulation to keep the offer open till such date as specified in the tender, under the conditions of tender. The Bid Security shall be as under:

  1. Value of the Work (For works estimated to cost up to 1 crore): Bid Security : 2% of the estimated cost of the work
  2. Value of the Work(For works estimated to cost more than 1 crore): Bid Security: 2 lakh plus ½% (half percent) of the excess of the estimated cost of work beyond 1 crore subject to a maximum of 1 crore. Note:
     1. The Bid Security shall be rounded off to the nearest 100.
     2. This Bid Security shall be applicable for all modes of tendering.
     3. Any firm recognized by Department of Industrial Policy and Promotion (DIPP) as 'Startups' shall be exempted from payment of Bid Security detailed above. Labour Cooperative Societies shall submit only 50% of above Bid Security detailed above.
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• (b) It shall be understood that the tender documents have been issued to the tenderer and the tenderer is permitted to tender in consideration of 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 Engineer. Should the tenderer fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to the Railway.

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

  2. The Bid Security shall be deposited either in cash through e payment gateway or submitted as Bank Guarantee bond from a scheduled commercial bank of India or as mentioned in tender documents. The Bank Guarantee bond shall be as per Annexure-VIA and shall be valid for a period of 90days beyond the bid validity period.
  3. In case, submission of Bid Security in the form of Bank Guarantee, following shall be ensured:
     1. A scanned copy of the Bank Guarantee shall be uploaded on e-Procurement Portal (IREPS) while applying to the tender.
     2. The original Bank Guarantee should be delivered in person to the official nominated as indicated in the tender document within 5 working days of deadline of submission of bids.
     3. Non submission of scanned copy of Bank Guarantee with the bid on e-tendering portal (IREPS) and/or non submission of original Bank Guarantee within the specified period shall lead to summary rejection of bid.
     4. The Tender Security shall remain valid for a period of 90 days beyond the validity period for the Tender.
     5. The details of the BG, physically submitted should match with the details available in the scanned copy and the data entered during bid submission time, failing which the bid will be rejected
     6. The Bank Guarantee shall be placed in an envelope, which shall be sealed. The envelope shall clearly bear the identification "Bid for the ***** Project" and shall clearly indicate the name and address of the Bidder. In addition, the Bid Due Date should be indicated on the right hand top corner of the envelope.
     7. The envelope shall be addressed to the officer and address as mentioned in the tender document.
     8. If the envelope is not sealed and marked as instructed above, the Authority assumes no responsibility for the misplacement or premature opening of the contents of the Bid submitted and consequent losses, if any, suffered by the Bidder.
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• 6.Care in Submission of Tenders:

• (a)

  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. In case the successful tenderer is not liable to be registered under CGST/IGST/UTGST/ SGST Act, the railway shall deduct the applicable GST from his/their bills under reverse charge mechanism (RCM) and deposit the same to the concerned authority.
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• (b)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.

• (c)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.

• 6.1 The tenderers shall submit a copy of certificate stating that all their statements/documents submitted alongwith bid are true and factual. 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. It shall be mandatorily incumbent upon the tenderer to identify, state and submit the supporting documents duly self attested/digitally signed by which they/he is qualifying the Qualifying Criteria mentioned in the Tender Document.

• CONSIDERATION OF TENDERS:

• 7.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. In case if tender is accepted in part by Railway administration, Letter of Acceptance shall be issued as counter offer to the Tenderer, which shall be subject to acceptance by the Tenderer.

• 7A. Two Packets System of Tendering: With a view to assess the tenders technically without being influenced by the financial bids, 'Two Packets System of tendering' shall be adopted wherein tender documents provide for the same.

• 7B. Pre Bid Conference: Intenders having advertised value more than Rs 50 Crore or as mentioned in the tender document, Railway shall conduct Pre Bid Conference(s) with the prospective bidders.

• 7C. Make in India Policy: 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.

• 7D. Permission to Bid for a bidder from a country which shares Land boundary with India: Any bidder from the countries sharing a land border with India will be eligible to bid in any procurement of works (including turnkey projects) only if the bidder is registered with the Competent Authority. The Competent Authority for registration will be the Registration Committee constituted by the Department for Promotion of Industry and Internal Trade (DPIIT), Government of India. For interpretation of this para, Department of Expenditure, Ministry of Finance, Government of India letter F.No.6/18/2019-PPD dated 23/07/2020 shall be referred.

• 7E. Clarification of Bids: To assist in the examination, evaluation & comparison and pre-qualification of the Tender, the Railway may, at its discretion, ask any Bidder for a clarification of its Bid. Any clarification submitted by a Bidder that is not in response to a request by the Railway shall not be entertained or considered. The Railway request for clarification and the response of the bidder in this regard shall be in writing. However, if a Bidder does not provide clarification of its bid by the date and time communicated in the Railway request for clarification, the bid shall be evaluated as per the documents submitted along with the bid.

• CONTRACT DOCUMENTS:

• 8.Execution of Contract Document: The Tenderer whose tender is accepted shall be required to appear in person at the office of General Manager/General Manager (Construction), Chief Administrative Officer (Construction), Divisional Railway Manager or concerned Engineer, as the case may be, or if tenderer is a firm or corporation, a duly authorized representative shall appear (there would be no need for appear in person if agreement is signed digitally) and execute the contract agreement within seven days of notice from Railways that the Contract Agreement is ready. Failure to do so shall constitute a breach of the agreement affected by the acceptance of the tender. The Contract Agreement shall be entered into by Railway only after submission of valid Performance Guarantee by the Contractor. 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.

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• 9.Form of Contract Document: Every contract shall be complete in respect of the document it shall so constitute. Not less than 2 copies of the contract document shall be signed by the competent authority and the Contractor and one copy given to the Contractor (there would be no need of signing two copies if agreement is signed digitally).

• 1. For Zone Contracts, awarded on the basis of the percentage above or below the applicable chapter(s) of Standard Schedule of Rates (SSOR) for the whole or part of financial year, the contract agreement required to be executed by the tenderer whose tender is accepted shall be as per specimen form, Annexure-II. During the currency of the Zone Contract, work orders as per specimen form Annexures-III, for works not exceeding 5,00,000 each, shall be issued by the Divisional Railway Manager / Executive Engineer under the agreement for Zone Contract.
  2. For contracts for specific works, the contract document required to be executed by the tenderer whose tender is accepted shall be an agreement as per specimen form Annexure IV.

• TENDER FORM (First Sheet) ANNEXURE - I as per GCC Apr' 2022. Attached with tender.

• TENDER FORM (Second Sheet):

• 1.Instructions to Tenderers and Conditions of Tender: The following documents form part of Tender / Contract:

• (a) Tender Forms - First Sheet and Second Sheet.

• (b) Special Conditions/Specifications (enclosed).

• (c)Bill(s) of quantities (enclosed)

• (d) Standard General Conditions of Contract and Standard Specifications (Works and Materials) of Indian Railways as amended/corrected upto latest correction slips, copies of which can be seen in the office of DRM(S&T)/Samastipur or obtained from the office of the Principal Chief Signal & Telecom Engineer, East Central Railway on payment of prescribed charges.

• (e) Standard Schedule of Rates (SSOR) as amended / corrected upto latest correction slips, copies of which can be seen in the office of DRM(S&T)/Samastipur or obtained from the office of the Chief Engineer, Principal Chief Signal & Telecom Engineer, East Central Railway on payment of prescribed charges.

• (f) All general and detailed drawings pertaining to this work which will be issued by the Engineer or his representatives (from time to time) with all changes and modifications.

• 2.Drawings for the Work: The Drawing for the work can be seen in the office of the DRM(S&T)/Samastipur and / or Principal Chief Signal & Telecom Engineer, East Central 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.

• 3.The Tenderer(s) shall quote his / their rates as a percentage above or below the Standard Schedule of Rates (SSOR) of East Central Railway as applicable to Samastipur Division except where he/they are required to quote item rates and must tender for all the items shown in the Bill(s) of Quantities attached. The quantities shown in the attached Bill(s) of Quantities are given as a guide and are approximate only and are subject to variation according to the needs of the Railway. The Railway does not guarantee work under each item of the Bill(s) of Quantities. The tenderer(s) shall quote rates / rebates only at specified place in Tender Form supplied by Railway. Any revision of rates / rebates submitted (quoted) through a separate letter whether enclosed with the bid (Tender Form) or submitted separately or mentioned elsewhere in the document other than specified place shall be summarily ignored and will not be considered.

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• 4.Tenders containing erasures and / or alterations of tender documents are liable to be rejected. Any correction made by tender(s) in his/their entries must be attested by him / them.

• The works are required to be completed within a period of ______12____ months from the date of issue of acceptance letter

• 6.Bid Security:

• (a)Subject to exemptions provided under para 5(1) (a) of Part-1 (ITT) of this document, the tender must be accompanied by a Bid Security as mentioned in tender documents, failing which the tender shall be summarily rejected.

• (b)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 East Central 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.

• (c) If his tender is accepted,

  1. the Bid Security mentioned in sub para(a) above deposited in cash through e- payment gateway will be retained as part security for the due and faithful fulfillment of the contract in terms of Clause 16 of the Standard General Conditions of Contract;
  2. the Bid Security mentioned in sub para(a) above submitted as Bank guarantee bond, will be encashed as part security for the due and faithful fulfillment of the contract in terms of Clause 16 of the Standard General Conditions of Contract. The Bid Security of other Tenderers shall, save as herein before provided, be returned to them, but the Railway shall not be responsible for any loss or depreciation to the Bid Security that may happen thereto while in their possession, nor be liable to pay interest thereon.

• (d) In case Contractor submits the Term Deposit Receipt/Bank Guarantee Bond towards either the Full Security Depositor the Part Security Deposit equal to or more than Bid Security, the Railway shall return the Bid Security so retained as per sub para(c) above, to the Contractor.

• 7.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.

• 8.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.

• 9.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.

• 10.Eligibility Criteria: 10.1 Technical Eligibility Criteria:

  1. The tenderer must have successfully completed or substantially completed any one of the following categories of work(s) during last 07 (seven) years, ending last day of month previous to the one in which tender is invited:
     1. Three similar works each costing not less than the amount equal to 30% of advertised value of the tender, or
     2. Two similar works each costing not less than the amount equal to 40% of advertised value of the tender, or
     3. One similar work costing not less than the amount equal to 60% of advertised value of the tender.
  2. In case of tenders for composite works (e.g. works involving more than one distinct component, such as Civil Engineering works, S&T works, Electrical works, OHE works etc. and in the case of major bridges - substructure, superstructure etc.), tenderer must have successfully completed or substantially completed any one of the following categories of work(s) during last 07 (seven) years, ending last day of month previous to the one in which tender is invited:
     1. Three similar works each costing not less than the amount equal to 30% of advertised value of each component of tender, or
     2. Two similar works each costing not less than the amount equal to 40% of advertised value of each component of tender, or
     3. One similar work each costing not less than the amount equal to 60% of advertised value of each component of tender. Note for b(1): Separate completed works of minimum required values shall also be considered for fulfillment of technical eligibility criteria for different components. (b)
        2. In such cases, what constitutes a component in a composite work shall be clearly pre-defined with estimated tender cost of it, as part of the tender documents without any ambiguity. (b)
        3. To evaluate the technical eligibility of tenderer, only components of work as stipulated in tender documents for evaluation of technical eligibility, shall be considered. The scope of work covered in other remaining components shall be either executed by tenderer himself if he has work experience as mentioned in clause 7 of the Standard General Conditions of Contractor through subcontractor fulfilling the requirements as per clause 7 of the Standard General Conditions of Contract or jointly i.e., partly himself and remaining through subcontractor, with prior approval of Chief Engineer in writing. However, if required in tender documents by way of Special Conditions, a formal agreement duly notarised, legally enforceable in the court of law, shall be executed by the main contractor with the subcontractor for the component(s) of work proposed to be executed by the subcontractor(s), and shall be submitted along with the offer for considering subletting of that scope of work towards fulfilment of technical eligibility. Such subcontractor must fulfill technical eligibility criteria as follows: The subcontractor shall have successfully completed at least one work similar to work proposed for subcontract, costing not less than 35% value of work to be subletted, in last 5 years, ending last day of month previous to the one in which tender is invited through a works contract. Note: for subletting of work costing up to Rs 50 lakh, no previous work experience of subcontractor shall be asked for by the Railway. In case after award of contract or during execution of work it becomes necessary for contractor to change subcontractor, the same shall be done with subcontractor(s)....
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• Contd. from item no. 10.1: fulfilling the requirements as per clause 7 of the Standard General Conditions of Contract, with prior approval of Chief Engineer in writing. Note for Item 10.1: Work experience certificate from private individual shall not be considered. However, in addition to work experience certificates issued by any Govt. Organisation, work experience certificate issued by Public listed company having average annual turnover of Rs 500 crore and above in last 3 financial years excluding the current financial year, listed on National Stock Exchange or Bombay Stock Exchange, incorporated/registered at least 5 years prior to the date of closing of tender, shall also be considered provided the work experience certificate has been issued by a person authorized by the Public listed company to issue such certificates. In case tenderer submits work experience certificate issued by public listed company, the tenderer shall also submit along with work experience certificate, the relevant copy of work order, bill of quantities, bill wise details of payment received duly certified by Chartered Accountant, TDS certificates for all payments received and copy of final/last bill paid by company in support of above work experience certificate.

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• 10.2 Financial Eligibility Criteria: The tenderer must have minimum average annual contractual turnover of 1.5 V/N crores; where V= Advertised value of the tender in crores of Rupees N= Number of years prescribed for completion of work for which bids have been invited. The average annual contractual turnover shall be calculated as an average of "total contractual payments" in the previous three financial years, as per the audited balance sheet. However, in case balance sheet of the previous year is yet to be prepared/ audited, the audited balance sheet of the fourth previous year shall be considered for calculating average annual contractual turnover. The tenderers shall submit requisite information as per Annexure-VIB, along with copies of Audited Balance Sheets duly certified by the Chartered Accountant/ Certificate from Chartered Accountant duly supported by Audited Balance Sheet.

• 10.3 Bid Capacity: The tender/technical bid will be evaluated based on bid capacity formula detailed as Annexure-VI.

• 10.4 No Technical and Financial credentials are required for tenders having advertised value up to Rs 50 lakh.

• 10.5 Credentials if submitted in foreign currency shall be converted into Indian currency i.e., Indian Rupee as under: The conversion rate of US Dollars into Rupees shall be the daily representative exchange rates published by the Reserve Bank of India or entity authorized by RBI to do so for the relevant date or immediately previous date for which rates have been published. Where, relevant date shall be as on the last day of month previous to the one in which tender is invited. In case of any other currency, the same shall first be converted to US Dollars as on the last day of month previous to the one in which tender is invited, and the amount so derived in US Dollars shall be converted into Rupees at the aforesaid rate. The conversion rate of such currencies shall be the daily representative exchange rates published by the International Monetary Fund for the relevant date or immediately previous date for which rates have been published. [Explanation for Para 10 of the Tender Form (Second Sheet) including Para 10.1 to 10.5 - Eligibility Criteria:

  1. Substantially Completed Work means an ongoing work in which payment equal to or more than 90% of the present contract value (excluding the payment made for adjustment of Price variation (PVC), if any) has been made to the contractor in that ongoing contract and no proceedings of termination of contract on Contractor's default has been initiated. The credential certificate in this regard should have been issued not prior to 60 days of date of invitation of present tender.
  2. In case a work is started prior to 07 (seven) years, ending last day of month previous to the one in which tender is invited, but completed in last 07 (seven) years, ending last day of month previous to the one in which tender is invited, the completed work shall be considered for fulfillment of credentials.
  3. If a work is physically completed and completion certificate to this extent is issued by the concerned organization but final bill is pending, such work shall be considered for fulfillment of credentials
  4. In case of completed work, the value of final bill (gross amount) including the PVC amount (if paid) shall be considered as the completion cost of work. In case final bill is pending, only the total gross amount already paid including the PVC amount (if paid) shall be considered as the completion cost of work. In case of substantially completed work, the total gross amount already paid including the PVC amount (if paid), as mentioned in the certificate, shall be considered as the cost of substantially completed work.
  5. If a bidder has successfully completed a work as subcontractor and the work experience certificate has been issued for such work to the subcontractor by a Govt. Organization or public listed company as defined in Note for Item 10.1 Para 10 of the Tender Form (Second Sheet), the same shall be considered for the purpose of fulfillment of credentials.
  6. In case a work is considered similar in nature for fulfillment of technical credentials, the overall cost including the PVC amount (if paid) of that completed work or substantially completed work, shall be considered and no separate evaluation for each component of that work shall be made to decide eligibility.
  7. In case of newly formed partnership firm, the credentials of individual partners from previous propriety firm(s) or dissolved previous partnership firm(s) or split previous partnership firm(s), shall be considered only to the extent of their share in previous entity on the date of dissolution / split and their share in newly formed partnership firm. For example, a partner A had 30% share in previous entity and his share in present partnership firm is 20%. In the present tender under consideration, the credentials of partner A will be considered to the extent of 0.3*0.2*value of the work done in the previous entity. For this purpose, the tenderer shall submit along with his bid all the relevant documents which include copy of previous partnership deed(s), dissolution deed(s) and proof of surrender of PAN No.(s) in case of dissolution of partnership firm(s) etc.
  8. In case of existing partnership firm, if any one or more partners quit the partnership firm, the credentials of remaining partnership firm shall be re-worked out i.e., the quitting partner(s) shall take away his credentials to the extent of his share on the date of quitting the partnership firm(e.g. in a partnership firm of partners A, B & C having share 30%, 30% & 40% respectively and credentials of Rs 10 crore; in case partner C quits the firm, the credentials of this partnership firm shall remain as Rs 6 crore). For this purpose, the tenderer shall submit along with his bid all the relevant documents which include copy of previous partnership deed(s), dissolution deed(s) and proof of surrender of PAN No.(s) in case of dissolution of partnership firm(s) etc.
  9. In case of existing partnership firm if any new partner(s) joins the firm without any modification in the name and PAN/TAN no. of the firm, the credentials of partnership firm shall get enhanced to the extent of credentials of newly added partner(s) on the same principles as mentioned in item 6 above. For this purpose, the tenderer shall submit along with his bid all the relevant documents which include copy of previous partnership deeds, dissolution/splitting deeds and proof of surrender of PAN No.(s) in case of dissolution of partnership firm etc.
  10. Any partner in a partnership firm cannot use or claim his credentials in any other firm without leaving the partnership firm i.e., In a partnership firm of A&B partners, A or B partner cannot use credentials of partnership firm of A&B partners in any other partnership firm or propriety firm without leaving partnership firm of A&B partners.
  11. In case a partner in a partnership firm is replaced due to succession as per succession law, the proportion of credentials of the previous partner will be passed on to the successor.
  12. If the percentage share among partners of a partnership firm is changed, but the partners remain the same, the credentials of the firm before such modification in the share will continue to be considered for the firm as it is without any change in their value. Further, in case a partner of partnership firm retires without taking away any credentials from the firm, the credentials of partnership firm shall remain the same as it is without any change in their value.
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• 13.In a partnership firm "AB" of A&B partners, in case A also works as propriety firm "P" or partner in some other partnership firm "AX", credentials of A in propriety firm "P" or in other partnership firm "AX" earned after the date of becoming a partner of the firm AB shall not be added in partnership firm AB. 14.In case a tenderer is LLP, the credentials of tenderer shall be worked out on above lines similar to a partnership firm. 15.In case company A is merged with company B, then company B would get the credentials of company A also.]

• 11.Tenderer Credentials:

• Documents testifying tenderer previous experience and financial status should be produced along with the tender. Tenderer(s) who is / are not borne on the approved list of the Contractors of East Central Railway shall submit along with his / their tender:

  1. Certificates and testimonials regarding contracting experience for the type of job for which tender is invited with list of works carried out in the past.
  2. Audited Balance Sheet duly certified by the Chartered Accountant regarding contractual payments received in the past.
  3. The list of personnel / organization on hand and proposed to be engaged for the tendered work. Similarly list of Plant & Machinery available on hand and proposed to be inducted and hired for the tendered work.
  4. A copy of certificate stating that they are not liable to be disqualified and all their statements/documents submitted along with bid are true and factual. Standard format of the certificate to be submitted by the bidder is enclosed as Annexure-V. Non submission of a copy of certificate by the bidder shall result in summarily rejection of his/their bid. It shall be mandatorily incumbent upon the tenderer to identify, state and submit the supporting documents duly self attested / digitally signed by which they/he are/is qualifying the Qualifying Criteria mentioned in the Tender Document.
  5. The Railway reserves the right to verify all statements, information and documents submitted by the bidder in his tender offer, and the bidder shall, when so required by the Railway, make available all such information, evidence and documents as may be necessary for such verification. Any such verification or lack of such verification, by the Railway shall not relieve the bidder of its obligations or liabilities hereunder nor will it affect any rights of the Railway there under.
  6. In case of any information submitted by tenderer is found to be false, forged or incorrect at any time during process for evaluation of tenders, it shall lead to forfeiture of the tender Bid Security besides banning of business for a period of upto five years. (b) In case of any information submitted by tenderer is found to be false, forged or incorrect after the award of contract, the contract shall be terminated. Bid Security, Performance Guarantee and Security Deposit available with the railway shall be forfeited. In addition, other dues of the contractor, if any, under this contract shall be forfeited and agency shall be banned for doing business for a period of upto five years.
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• 12.Non-compliance with any of the conditions set forth therein above is liable to result in the tender being rejected.

• 13.Execution of Contract Documents: The successful Tenderer(s) shall be required to execute an agreement with the President of India acting through DRM (S&T)/Samastipur, East Central Railway for carrying out the work according to the Standard General Conditions of Contract, Special Conditions / Specifications annexed to the tender and Standard Specifications (Works and Materials) of Railway as amended/corrected upto latest correction slips, mentioned in tender form (First Sheet).

• 14.Documents to be Submitted Along with Tender

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

• (ii)Following documents shall be submitted by the tenderer:

  1. Sole Proprietorship Firm: (i)All documents in terms of Para 10 of the Tender Form (Second Sheet) above.
  2. 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) above.
  3. Partnership Firm: (i)All documents as mentioned in para18 of the Tender Form (Second Sheet).
  4. Joint Venture (JV): All documents as mentioned in para 17 of the Tender Form (Second Sheet).
  5. Company registered under Companies Act2013:
     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) above.
  6. LLP (Limited Liability Partnership):
     1. A copy of LLP Agreement
     2. A copy of Certificate of Incorporation
     3. A copy of Power of Attorney/Authorization issued by the LLP in favour of the individual to sign the tender on behalf of the LLP and create liability against the LLP.
     4. An undertaking by all partners of the LLP that they are not blacklisted or debarred by Railways or any other Ministry / Department of the Govt. of India from participation in tenders / contracts as on the date of submission of bids, either in their individual capacity or in any firm/LLP or JV in which they were / are partners/members. Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the Standard General Conditions of Contract.
     5. All other documents in terms of Para 10 of the Tender Form (Second Sheet).
  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) above.
        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 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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• 15.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.

• 16.Employment/Partnership etc. of Retired Railway Employees:

• Should a tenderer

  1. be a retired Engineer of the gazetted rank or any other gazetted officer working before his retirement, whether in the executive or administrative capacity or whether holding a pensionable post or not, in the Engineering or any other department of any of the railways owned and administered by the President of India for the time being, OR
  2. being partnership firm / joint venture (JV) / registered society / registered trust etc have as one of its partners/members a retired Engineer of the gazetted rank or any other gazetted officer working before his retirement, OR
  3. being an incorporated company have any such retired Engineer of the gazetted rank or any other gazetted officer working before his retirement as one of its directors AND in case where such Engineer or officer had not retired from government service at least 1 year prior to the date of submission of the tender THEN the tenderer will give full information as to the date of retirement of such Engineer or gazetted officer from the said service and as to whether permission for taking such contract, or if the Contractor be a partnership firm or an incorporated company, to become a partner or director as the case may be, has been obtained by the tenderer or the Engineer or officer, as the case may be from the President of India or any officer, duly authorized by him in this behalf, shall be clearly stated in writing at the time of submitting the tender.
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• 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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• 17. JOINT VENTURE (JV) IN WORKS TENDERS Participation of Joint Venture (JV) in Works Tender: This para shall be applicable for works tenders wherein tender documents provide for the same.

• 17.1Separate identity/name shall be given to the Joint Venture.

• 17.2Number of members in a JV shall not be more than three, if the work involves only one department (say Civil or S&T or Electrical or Mechanical) and shall not be more than five, if the work involves more than one Department. One of the members of the JV shall be its Lead Member who shall have a majority (at least 51%) share of interest in the JV. The other members shall have a share of not less than 20% each in case of JV with upto three members and not less than 10% each in case of JV with more than three members. In case of JV with foreign member(s), the Lead Member has to be an Indian firm/company with a minimum share of 51%.

• 17.3A member of JV shall not be permitted to participate either in individual capacity or as a member of another JV in the same tender.

• 17.4The tender form shall be purchased and submitted only in the name of the JV and not in the name of any constituent member. The tender form can however be submitted by JV or any of its constituent member or any person authorized by JV through Power of Attorney to submit tender.

• 17.5Bid Security shall be submitted by JV or authorized person of JV either as :

  1. Cash through e-payment gateway or as mentioned in tender document, or
  2. Bank Guarantee bond either in the name of JV, or in the name of all members of JV as per MOU irrespective of their share in the JV if the JV has not been constituted legally till the date of submission of tender.

• 17.6A copy of Memorandum of Understanding (MoU) duly executed by the JV members on a stamp paper, shall be submitted by the JV alongwith the tender. The complete details of the members of the JV, their share and responsibility in the JV etc. particularly with reference to financial, technical and other obligations shall be furnished in the MoU.

• 17.7Once the tender is submitted, the MoU shall not normally be modified / altered / terminated during the validity of the tender. In case the tenderer fails to observe/comply with this stipulation, the full Bid Security shall be liable to be forfeited.

• 17.8Approval for change of constitution of JV shall be at the sole discretion of the Railway. The constitution of the JV shall not normally be allowed to be modified after submission of the bid by the JV, except when modification becomes inevitable due to succession laws etc., provided further that there is no change in qualification of minimum eligibility criteria by JV after change of composition. However, the Lead Member shall continue to be the Lead Member of the JV. Failure to observe this requirement would render the offer invalid.

• 17.9Similarly, after the contract is awarded, the constitution of JV shall not be normally allowed to be altered during the currency of contract except when modification become inevitable due to succession laws etc. and minimum eligibility criteria should not get vitiated. Failure to observe this stipulation shall be deemed to be breach of contract with all consequential penal action as per contract conditions. 17.10On award of contract to a JV, a single Performance Guarantee shall be submitted by the JV as per tender conditions. All the Guarantees like Performance Guarantee, Bank Guarantee for Mobilization Advance, Machinery Advance etc. shall be accepted only in the name of the JV and no splitting of guarantees amongst the members of the JV shall be permitted.

• 17.11On issue of LOA (Letter of Acceptance), the JV entity to whom the work has been awarded, with the same shareholding pattern as was declared in the MOU/JV Agreement submitted alongwith the tender, shall be got registered before the Registrar of the Companies under 'The Companies Act -2013' (in case JV entity is to be registered as Company) or before the Registrar/Sub-Registrar under the 'The Indian Partnership Act, 1932' (in case JV entity is to be registered as Partnership Firm) or under 'The LLP Act 2008' (in case JV entity is to be registered as LLP). A separate PAN shall be obtained for this entity. The documents pertaining to this entity including its PAN shall be furnished to the Railways before signing the contract agreement for the work. In case the tenderer fails to observe/comply with this stipulation within 60 days of issue of LOA, contract is liable to be terminated. In case contract is terminated railway shall be entitled to forfeit the full amount of the Bid Security and other dues payable to the Contractor under this contract. The entity so registered, in the registered documents, shall have, inter-alia, following Clauses: 17.11.1Joint and Several Liability - Members of the entity to which the contract is awarded, shall be jointly and severally liable to the Railway for execution of the project in accordance with General and Special Conditions of Contract. The members of the entity shall also be liable jointly and severally for the loss, damages caused to the Railways during the course of execution of the contract or due to non-execution of the contract or part thereof. 17.11.2Duration of the Registered Entity - It shall be valid during the entire currency of the contract including the period of extension, if any and the maintenance period after the work is completed. 17.11.3Governing Laws - The Registered Entity shall in all respect be governed by and interpreted in accordance with Indian Laws.

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• 17.12Authorized Member - Joint Venture members in the JV MoU shall authorize Lead member on behalf of the Joint Venture to deal with the tender, sign the agreement or enter into contract in respect of the said tender, to receive payment, to witness joint measurement of work done, to sign measurement books and similar such action in respect of the said tender/contract. All notices/correspondences with respect to the contract would be sent only to this authorized member of the JV.

• 17.13No member of the Joint Venture shall have the right to assign or transfer the interest right or liability in the contract without the written consent of the other members and that of the Railway in respect of the said tender/contract.

• 17.14Documents to be enclosed by the JV alongwith the tender: 17.14.1In 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. 17.14.2In 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. 17.14.3In 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 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.
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• 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) above.

• 17.15Credentials & Qualifying Criteria: Technical, financial eligibility and Bid capacity of the JV shall be adjudged based on satisfactory fulfillment of the following criteria: 17.15.1Technical Eligibility Criteria ('a' or 'b' mentioned hereunder):

  1. For Works without composite components The technical eligibility for the work as per para 10.1 above, shall be satisfied by either the 'JV in its own name & style' or 'Lead member of the JV'. Each other (non-lead) member(s) of JV, who is/ are not satisfying the technical eligibility for the work as per para 10.1 above, shall have technical capacity of minimum 25% of the cost of work i.e., each non-lead member of JV member must have satisfactorily completed or substantially completed during the last 07 (seven) years, ending last day of month previous to the one in which tender is invited, one similar single work for a minimum of 25% of advertised value of the tender.
  2. For works with composite components The technical eligibility for major component of work as per para 10.1 above, shall be satisfied by either the 'JV in its own name & style' or 'Lead member of the JV' and technical eligibility for other component(s) of work as per para 10.1 above, shall be satisfied by either the 'JV in its own name & style' or 'any member of the JV'. Each other (non-lead)member(s) of JV, who is/ are not satisfying the technical eligibility for any component of the work as per para 10.1 above, shall have technical capacity of minimum 25% of the cost of any component of work mentioned in technical eligibility criteria. i.e., each other (non-lead) member of must have satisfactorily completed or substantially completed during the last 07 (seven) years, ending last day of month previous to the one in which tender is invited, one similar single work for a minimum of 25% of cost of any component of work mentioned in technical eligibility criteria. Note for Para 17.15.1:
     1. The Major component of the work for this purpose shall be the component of work having highest value. In cases where value of two or more component of work is same, any one work can be classified as Major component of work.
     2. Value of a completed work done by a Member in an earlier JV shall be reckoned only to the extent of the concerned member's share in that JV for the purpose of satisfying his/her compliance to the above mentioned technical eligibility criteria in the tender under consideration. 17.15.2Financial Eligibility Criteria The JV shall satisfy the requirement of "Financial Eligibility" mentioned at para 10.2 above. The "financial capacity" of the lead member of JV shall not be less than 51% of the financial eligibility criteria mentioned at para 10.2 above. The arithmetic sum of individual "financial capacity" of all the members shall be taken as JV's "financial capacity" to satisfy this requirement. Note: Contractual payment received by a Member in an earlier JV shall be reckoned only to the extent of the concerned member's share in that JV for the purpose of satisfying compliance of the above mentioned financial eligibility criteria in the tender under consideration. 17.15.3 Bid Capacity The JV shall satisfy the requirement of "Bid Capacity" requirement mentioned at para 10.3 above. The arithmetic sum of individual "Bid capacity" of all the members shall be taken as JV's "Bid capacity" to satisfy this requirement.
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• 18. Participation of Partnership Firms in works tenders: 18.1The Partnership Firms participating in the tender should be legally valid under the provisions of the Indian Partnership Act.

• 18.2The 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.

• 18.3Separate 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.

• 18.4Once 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.

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• 18.5A 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.

• 18.7On 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.

• 18.8On 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.

• 18.9In 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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• 18.10The 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) above.
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• 18.11 Evaluation of eligibility of a partnership firm: Technical and financial eligibility of the firm shall be adjudged based on satisfactory fulfillment of the eligibility criteria laid down in Para 10 of the Tender Form (Second Sheet) above.

• 19.0Advances to Contractor - If specifically provided in Tender Documents of tender having advertised value more than Rs 50 Crores, Railway shall make payment, as an Interest bearing advances, as per Contractor's request. These advances shall carry a simple interest ________ as indicated in the Tender documents. The payment and recovery of such advances shall be made as per manners prescribed in Clause 46.4 of the Standard General Conditions of Contract.

• Part II STANDARD GENERAL CONDITIONS OF CONTRACT

• 1. (1) Definitions: In these Standard General Conditions of Contract, the following terms shall have the meaning assigned hereunder except where the context otherwise requires:

  1. "Railway" shall mean the President of the Republic of India or the Administrative Officers of the Railway or of the Successor Railway authorized to deal with any matters which these presents are concerned on his behalf.
  2. "General Manager" shall mean the Officer in-charge of the General Superintendence and Control of the Railway and shall also include Addl. General Manager, the General Manager (Construction) and shall mean and include their successors, of the successor Railway.
  3. "Chief Engineer" shall mean the Officer in-charge of the Engineering Department of Railway and shall also include Chief Engineer (Construction), Chief Signal & Telecommunication Engineer, Chief Signal & Telecommunication Engineer (Construction), Chief Electrical Engineer, Chief Electrical Engineer (Construction), Chief Mechanical Engineer and shall mean & include their successors, of the Successor Railway.
  4. "Divisional Railway Manager" shall mean the Officer in-charge of a Division of the Railway and shall mean and include the Divisional Railway Manager of the Successor Railway.
  5. "Engineer" shall mean the Divisional Engineer or the Executive Engineer, Divisional Signal & Telecom Engineer, Divisional Electrical Engineer, Divisional Mechanical Engineer in executive charge of the works and shall include the superior officers of Open Line and Construction organisations on the Railway of the Engineering, Signal & Telecom, Electrical and Mechanical Departments, i.e. the Senior Divisional Engineer/Deputy Chief Engineer, Senior Divisional Signal & Telecom Engineer / Dy.Chief Signal & Telecom Engineer, Senior Divisional Electrical Engineer / Deputy Chief Electrical Engineer, Senior Divisional Mechanical Engineer and shall mean & include the Engineers of the Successors Railway.
  6. "Engineer's Representative" shall mean the Assistant Engineer, Assistant Signal & Telecommunication Engineer and Assistant Electrical Engineer, Assistant Mechanical Engineer in direct charge of the works and shall include any Sr. Section/Junior Engineer of Civil Engineering/Signal and Telecommunication Engineering/Mechanical Engineering/Electrical Engineering Departments appointed by the Railway and shall mean and include the Engineer's Representative of the Successor Railway.
  7. "Contractor" shall mean the Person/Firm/LLP/Trust/Co-operative Society or Company whether incorporated or not who enters into the contract with the Railway and shall include their executors, administrators, successors and permitted assigns.
  8. "Contract" shall mean and include the Agreement, the Work Order, the accepted Bill(s) of Quantities or Chapter(s) of Standard Schedule of Rates (SSOR) of the Railway modified by the tender percentage for items of works quantified, or not quantified, the Standard General Conditions of Contract, the Special Conditions of Contracts, if any; the Drawing, the Specifications, the Special Specifications, if any and Tender Forms, if any.
  9. "Works" shall mean the works to be executed in accordance with the contract.
  10. "Specifications" shall mean the Standard Specifications for Materials &Works of Railway as specified by Railway under the authority of the Chief Engineer or as amplified, added to or superseded by Special Specifications, if any.
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• 12. "Drawing" shall mean the maps, drawings, plans and tracings or prints there of annexed to the contract and shall include any modifications of such drawings and further drawings as may be issued by the Engineer from time to time.
  13. "Constructional Plant" shall mean all appliances or things of whatsoever nature required for the execution, completion or maintenance of the works or temporary works (as hereinafter defined) but does not include materials or other things intended to form or forming part of the permanent work.
  14. "Temporary Works" shall mean all temporary works of every kind required for the execution completion and/or maintenance of the works.
  15. "Site" shall mean the lands and other places on, under, in or through which the works are to be carried out and any other lands or places provided by the Railway for the purpose of the contract.
  16. "Period of Maintenance" shall mean the specified period of maintenance from the date of completion of the works, as certified by the Engineer.
  17. 'Contractor's authorized Engineer' shall mean a graduate Engineer or equivalent, having more than 3 years experience in the relevant field of construction work involved in the contract, duly approved by Engineer.
  18. 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.
  19. "Bill of Quantities" shall mean Schedule of Item(s) included in the tender document along with respective quantities and rates, accepted by the Railway. 1. (2) Singular and Plural: Words importing the singular number shall also include the plural and vice versa where the context requires. 1.(3) Headings and Marginal Headings: The headings and marginal headings in these Standard General Conditions are solely for the purpose of facilitating reference and shall not be deemed to be part thereof or be taken into consideration in the interpretation or construction thereof the contract.
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• GENERAL OBLIGATIONS 2. (1)Execution Co-Relation and Intent of Contract Documents: The contract documents shall be signed in triplicate by the Railway and the Contractor. The contract documents are complementary and what is called for by anyone shall be as binding as if called for by all, the intention of the documents is to include all labour and materials, equipments and transportation necessary for proper execution of work. Materials or works not covered by or properly inferable from any heading or class of the specifications shall not be supplied by the Railway to the Contractors unless distinctly specified in the contract documents. Materials or works described in words which so applied have a well-known technical or trade meaning, shall be held to refer to such recognized standards. 2.(2)If a work is transferred from the jurisdiction of one Railway to another Railway or to a Project authority or vice versa while contract is in subsistence, the contract shall be binding on the Contractor and the Successor Railway/Project in the same manner & take effect in all respects as if the Contractor and the Successor Railway/Project were parties thereto from the inception and the corresponding officer or the Competent Authority in the Successor Railway/Project will exercise the same powers and enjoy the same authority as conferred to the Predecessor Railway/Project under the original contract/agreement entered into. 2. (3)If for administrative or other reasons the contract is transferred to the Successor Railway, the contract shall, notwithstanding any things contained herein contrary there to, be binding on the Contractor and the Successor Railway in the same manner and take effect in all respects as if the Contractor and the Successor Railway had been parties thereto from the date of this contract.

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• 3. Law Governing the Contract: The contract shall be governed by the law for the time being in force in the Republic of India. 3.(2)Compliance to Regulations and Bye-Laws: The Contractor shall conform to the provision of any statute relating to the works and regulations and bye-laws of any local authority and of any water and lighting companies or undertakings, with whose system the work is proposed to be connected and shall before making any variation from the drawings or the specifications that may be necessitated by so confirming give to the Engineer notice specifying the variation proposed to be made and the reason for making the variation and shall not carry out such variation until he has received instructions from the Engineer in respect thereof. The Contractor shall be bound to give all notices required by statute, regulations or bye-laws as aforesaid and to pay all fees and taxes payable to any authority in respect thereof. 3.(3) Environmental and Forest clearances: The Railway represents and warrants that the environmental and forest clearances pertaining to the work commensurate with the progress of work/agreed programme, will be obtained by Engineer. In the event of any delay in securing respective clearances leading to delay in execution of work, the Contractor shall be entitled to Extension of Time for the period of such delay in accordance with the provisions of Clause-17A(ii).
  4. Communications to be in Writing: All notices, communications, reference and complaints made by the Railway or the Engineer or the Engineer's Representative or the Contractor inter-se concerning the works shall be in writing or e-mail on registered e- mail IDs i.e. the e mail id provided for correspondence in the contract agreement, otherwise email id registered with IREPS and no notice, communication, reference or complaint not in writing or through e- mail, shall be recognized.
  5. Service of Notices on Contractors: The Contractor shall furnish to the Engineer the name, designation and address of his authorized agent and all complaints, notices, communications and references shall be deemed to have been duly given to the Contractor, if delivered to the Contractor or his authorized agent or left at or posted to the address so given and shall be deemed to have been so given in the case of posting on day on which they would have reached such address in the ordinary course of post/ e-mail or on the day on which they were so delivered or left. In the case of contract by partners, any change in the constitution of the firm shall be forthwith notified by the Contractor to the Engineer.
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• 6. Occupation and Use of Land: No land belonging to or in the possession of the Railway shall be occupied by the Contractor without the permission of the Railway. The Contractor shall not use, or allow to be used the site for any purposes other than that of executing the works. Whenever non-railway bodies/persons are permitted to use railway premises with competent authority's approval, conservancy charges as applicable from time to time may be levied.

• 7. Assignment or Subletting of Contract: The Contractor shall not assign or sublet the contract or any part thereof or allow any person to become interested therein in any manner whatsoever without the special permission in writing of the Chief Engineer, save as provided below. Any breach of this condition shall entitle the Railway to rescind the contract under Clause 62 of these Conditions and also render the Contractor liable for payment to the Railway in respect of any loss or damage arising or ensuing from such cancellation; provided always that execution of the details of the work by petty Contractor under the direct and personal supervision of the Contractor or his agent shall not be deemed to be sub-letting under this clause. In case Contractor intends to subcontract part of work, he shall submit a proposal in writing seeking permission of Chief Engineer for the same. While submitting the proposal to railway, Contractor shall ensure the following: (a)

  1. Total value of work to be assigned to sub-contractor(s) shall not be more than 50% of total contract value.
  2. The subcontractor shall have successfully completed at least one work similar to work proposed for subcontract in last 5 years, ending date of submission of proposal by Contractor to Railway, costing not less than 35% value of work to be subletted, through a works contract. For fulfilment of above, Work Experience Certificate issued by a Govt. Department/Organisation shall be considered. Further, Work Experience Certificate issued by a Public listed company shall be considered provided the company is having average annual turnover of Rs 500 crore and above in last 3 financial years excluding the current financial year, listed on National Stock Exchange or Bombay Stock Exchange, registered at least 5 years back from the date of submission of proposal by Contractor to Railway and work experience certificate issued by a person authorised by the Public Listed Company to issue such certificates. Note: for subletting of work costing up to Rs 50 lakh no previous work experience shall be asked for by the Railway. In case contractor submits subcontractor's work experience certificate issued by public listed company, the contractor shall also submit along with work experience certificate, the relevant copy of work order, bill of quantities, bill wise details of payment received duly certified by Chartered Accountant, TDS certificates for all payments received and copy of final/last bill paid by company in support of above work experience certificate.
  3. There is no banning of business with the sub-contractor in force over IR.
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• 2. The Contractor shall provide to the Engineer a copy of the agreement to be entered into by Contractor with subcontractor. No subcontractor shall be permitted without a formal agreement between Contractor and subcontractor. This agreement shall clearly define the scope of work to be carried out by subcontractor and the terms of payment in clear & unambiguous manner.
  3. On receipt of approval from Chief Engineer, Contractor shall enter into a formal agreement legally enforceable in Court of Law with subcontractor and submit a copy of the same to the Engineer.
  4. The Contractor shall intimate to the Engineer not less than 7 days in advance, the intended date of commencement of subcontractor's work.
  5. Once having entered into above arrangement, Contractor shall discontinue such arrangement, if he intends to do so at his own or on the instructions of Railway, with prior intimation to Chief Engineer.
  6. The Contractor shall indemnify railway against any claim of subcontractor.
  7. The Contractor shall release payment to the Sub-contractor(s) promptly and shall endeavour to resolve all issues amicably and speedily with the Sub-contractor(s), so that the execution of work is not affected in any manner whatsoever.
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• (h)In addition to issuance of work experience certificate to Contractor, the Engineer, when, based on documents, is satisfied that subcontracted work has been carried out by subcontractor, shall issue work experience certificate to the subcontractor also for the portion of work subcontracted and successfully completed by the sub-contractor. Note: Work Experience Certificate to the subcontractor shall be issued only when the contractor's work is complete and contractor is entitled for the issuance of Work Experience Certificate. However, in the same contract, when the Chief Engineer, based on documents, is satisfied that the subcontractor has successfully carried out subletted work; without issuance of work experience certificate to subcontractor at this stage, the Chief Engineer can, only once, consider the successfully completed subletted work for the fulfilment of eligibility for further subletting of work to the subcontractor in the same contract. When the contractor's work is complete and contractor is entitled for the issuance of work experience certificate, the subcontractor shall be issued one Work Experience Certificate for the total scope of work executed by the subcontractor in the contract.

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• (i)The responsibility of successful completion of work by subcontractor shall lie with Contractor. Subcontracting will in no way relieve the Contractor to execute the work as per terms of the Contract.

• (j)Further, in case Engineer is of the view that subcontractor's performance is not satisfactory, he may instruct the Contractor to remove the subcontractor from the work and Contractor has to comply with the above instructions with due promptness. Contractor shall intimate the actual date of discontinuation of subcontract to Engineer. No claim of Contractor whatsoever on this account shall be entertained by the Railway and this shall be deemed as 'excepted matter' (matter not arbitrable).

• (k)The permitted subcontracting of work by the Contractor shall not establish any contractual relationship between the sub-contractor and the Railway and shall not relieve the Contractor of any responsibility under the Contract.

• 8.Assistance by Railway for the Stores to be obtained by the Contractor: Owing to difficulty in obtaining certain materials (including Tools & Plant) in the market, the Railway may have agreed without any liability therefore to endeavour to obtain or assist the Contractor in obtaining the required quantities of such materials as may be specified in the Tender. In the event of delay or failure in obtaining the required quantities of the aforesaid material, the Contractor shall not be deemed absolved of his own responsibility and shall keep in touch with the day to day position regarding their availability and accordingly adjust progress of works including employment of labour and the Railway shall not in any way be liable for the supply of materials or for the non-supply thereof for any reasons whatsoever nor for any loss or damage arising in consequence of such delay or non-supply.

• 9.Railway Passes: No free railway passes shall be issued by the Railway to the Contractor or any of his employee/worker.

• 10.Carriage of Materials: No forwarding orders shall be issued by the Railway for the conveyance of Contractor's materials, tools and plant by train which may be required for use in the works and the Contractor shall pay full freight charges at public tariff rates therefor.

• 11.Use of Ballast Trains: The Railway may agree to allow the Contractor use of the ballast or material trains under such conditions as shall be specially prescribed, provided that the Contractor shall pay for the use thereof charges calculated at public tariff rates on the marked carrying capacity of each vehicle subject to specified minimum charge per day or part of day and provided further that the Contractor shall indemnify the Railway against any claims or damages arising out of the use or misuse thereof and against any liabilities under the Workmen's Compensation Act, 1923 or any statutory amendments thereto.

• 12. Representation on Works: The Contractor shall, when he is not personally present on the site of the works place, keep a responsible agent at the works during working hours who shall on receiving reasonable notice, present himself to the Engineer and orders given by the Engineer or the Engineer's representative to the agent shall be deemed to have the same force as if they had been given to the Contractor. Before absenting himself, the Contractor shall furnish the name and address of his agent for the purpose of this clause and failure on the part of the Contractor to comply with this provision at any time will entitle the Railway to rescind the contract under Clause 62 of these Conditions.

• 13. Relics and Treasures: All gold, silver, oil, other minerals of any description, all precious stones, coins, treasures relics antiquities and other similar things which shall be found in or upon the site shall be the property of the Railway and the Contractor shall duly preserve the same to the satisfaction of the Railway and shall from time to time deliver the same to such person or persons as the Railway may appoint to receive the same.

• 14. Excavated Material: The Contractor shall not sell or otherwise dispose of or remove except for the purpose of this contract, the sand, stone, clay ballast, earth, trees, rock or other substances or materials which may be obtained from any excavation made for the purpose of the works or any building or produced upon the site at the time of delivery of the possession thereof but all the substances, materials, buildings and produce shall be the property of the Railway provided that the Contractor may, with the permission of the Engineer, use the same for the purpose of the works either free of cost or pay the cost of the same at such rates as may be determined by the Engineer.

• 15. Indemnity by Contractors: The Contractor shall indemnify and save harmless the Railway from and against all actions, suit, proceedings, losses, costs, damages, charges, 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 the execution of the works or in his guarding of the same. All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation to be applied to the actual loss or damage sustained, and whether or not any damage shall have been sustained.

• Security Deposit:

• 16.(1) 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.

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• 16.(2)

  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. 16. (2)
  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.

• 16.(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.

• 16.(4)Performance Guarantee

• The procedure for obtaining Performance Guarantee is outlined below (a)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.

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

• (d)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.

• (e)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:

• (i) 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.

• (ii) 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.

• (iii) The Contract being determined or rescinded under clause 62 of these conditions.

• 17. Force Majeure Clause: If at any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract shall be prevented or delayed by reason of any war, hostility, acts of public enemy, civil commotion, sabotage, serious loss or damage by fire, explosions, epidemics/pandemics, strikes, lockouts or acts of God (hereinafter, referred to events) provided, notice of the happening of any such event is given by either party to the other within 30 days from the date of occurrence thereof, neither party shall by reason of such event, be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non-performance or delay in performance, and works under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist, and the decision of the Engineer as to whether the works have been so resumed or not shall be final and conclusive, PROVIDED FURTHER that if the performance in whole or in part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 120 days, either party may at its option terminate the contract by giving notice to the other party.

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• 17AExtension of Time in Contracts: Subject to any requirement in the contract as to completion of any portion or portions of the works before completion of the whole, the Contractor shall fully and finally complete the whole of the works comprised in the contract (with such modifications as may be directed under conditions of this contract) by the date entered in the contract or extended date in terms of the following clauses:

• (iii)Extension for Delay due to Railways: In the event of any failure or delay by the Railway to hand over the Contractor possession of the lands necessary for the execution of the works or to give the necessary notice to commence the works or to provide the necessary drawings or instructions or any other delay caused by the Railway due to any other cause whatsoever, then such failure or delay shall in no way affect or vitiate the contract or alter the character thereof or entitle the Contractor to damages or compensation therefor, but in any such case, the Railway may grant such extension or extensions of the completion date as may be considered reasonable. The Contractor shall indicate the period for which the work is likely to be delayed and shall seek extension of time as may be considered necessary under clause 17A(i) or/and 17A(ii) or/ and 17A(iii) above, as soon as the cause thereof shall arise and, in any case, not less than one month before the expiry of the date fixed for completion of the works. The Engineer shall consider the same and shall grant and communicate such extension of time as in his opinion is reasonable having regard to the nature and period of delay and the type and quantum of work affected thereby. No other compensation shall be payable for works so carried forward to the extended period of time; the same rates, terms and conditions of contract being applicable, as if such extended period of time was originally provided in the original contract itself. The non-submission of request for extension or submission of request within less than one month before the expiry of the date fixed for completion of the works, shall make him ineligible for extension under these sub clauses, subject to final decision of Engineer.

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• (i)Extension due to Modification: If any modifications have been ordered which in the opinion of the Engineer have materially increased the magnitude of the work, then such extension of the contracted date of completion may be granted as shall appear to the Engineer to be reasonable in the circumstances, provided moreover that the Contractor shall be responsible for requesting such extension of the date as may be considered necessary as soon as the cause thereof shall arise.

• (ii)Extension for Delay not due to Railway or Contractor: If in the opinion of the Engineer, the progress of work has any time been delayed by any act or neglect of Railway's employees or by other Contractor employed by the Railway under Sub-Clause (4) of Clause 20 of these Conditions or in executing the work not forming part of the contract but on which Contractor's performance necessarily depends or by reason of proceeding taken or threatened by or dispute with adjoining or to neighbouring owners or public authority arising otherwise through the Contractor's own default etc. or by the delay authorized by the Engineer pending arbitration or in consequences of the Contractor not having received in due time necessary instructions from the Railway for which he shall have specially applied in writing to the Engineer or his authorized representative then upon happening of any such event causing delay, the Contractor shall immediately give notice thereof in writing to the Engineer within 15 days of such happening, but shall nevertheless make constantly his best endeavours to bring down or make good the delay and shall do all that may be reasonably required of him to the satisfaction of the Engineer to proceed with the works. The Contractor may also indicate the period for which the work is likely to be delayed and shall be bound to ask for necessary extension of time.

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• 17BExtension of Time with Liquidated Damages (LD) for delay due to Contractor: The time for the execution of the work or part of the works specified in the contract documents shall be deemed to be the essence of the contract and the works must be completed not later than the date(s) as specified in the contract. If the Contractor fails to complete the works within the time as specified in the contract for the reasons other than the reasons specified in Clause 17 and 17A, the Railway may, if satisfied that the works can be completed by the Contractor within reasonable short time thereafter, allow the Contractor for further extension of time (Proforma at Annexure-VII) as the Engineer may decide. On such extension the Railway will be entitled without prejudice to any other right and remedy available on that behalf, to recover from the Contractor as agreed damages and not by way of penalty for each week or part of the week, a sum calculated at the following rates of the contract value of the works. For the purpose of this Clause, the contract value of the works shall be taken as value of work as per contract agreement including any supplementary work order/contract agreement issued. Provided also, that the total amount of liquidated damages under this condition shall not exceed 5% of the contract value or of the total value of the item or groups of items of work for which a separate distinct completion period is specified in the contract.

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• Duration of extension of time under Clause 17B

  1. Up to Twenty Five percent of original period of completion including period of extension of time granted under Section 17A(i): As decided by Engineer, between 0.01% to 0.05% of contract value for each week or part of the week. Duration of extension of time under Clause 17B:
  2. Above Twenty Five percent but upto Fifty percent of original period of completion including period of extension of time granted under Section 17A(i):- 0.10 % of contract value for each week or part of the week. Duration of extension of time under Clause 17B:
  3. Above Fifty percent of original period of completion including period of extension of time granted under Section 17A(i): 0.30 % of contract value for each week or part of the week Provided further, that if the Railway is not satisfied that the works can be completed by the Contractor and in the event of failure on the part of the contractor to complete the work within further extension of time allowed as aforesaid, the Railway shall be entitled without prejudice to any other right or remedy available in that behalf, to appropriate the contractor's Security Deposit and rescind the contract under Clause 62 of these Conditions, whether or not actual damage is caused by such default. NOTE: In a contract, where extension(s) of time have been allowed once under clause 17B, further request(s) for extension of time under clause 17A can also be considered under exceptional circumstances. Such extension(s) of time under clause 17A shall be without any Liquidated damages, but the Liquidated damages already recovered during extension(s) of time granted previously under clause 17B shall not be waived. However, Price variation during such extension(s) shall be dealt as applicable for extension(s) of time under clause 17B. 17C Bonus for Early Completion of Work: In open tenders having advertised value more than Rs.50 crore and original period of completion 12 months or more, when there is no reduction in original scope of work by more than 10%, and no extension granted on either railway or Contractor's account, Contractor shall be entitled for a bonus of 1% for each 30 days early completion of work. The period of less than 30 days shall be ignored while working out bonus. The maximum bonus shall be limited to 5% of original contract value. The completion date shall be reckoned as the date of issuance of completion certificate by Engineer.
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• 18.(1)Illegal Gratification: Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the Contractor or his partner or agent or servant or anyone on his behalf, to any officer or employee of the Railway or to any person on his behalf in relation to obtaining or execution of this or any other contract with the Railway shall, in addition to any criminal liability which he may incur, subject Contractor to the rescission of the contract and all other contracts with the Railway and to the payment of any loss or damage resulting from such decision and the Railway shall be entitled to deduct the amounts so payable from the Contractor's bills/Security Deposit or any other dues of Contractor with the Government of India.

• 18.(2)The Contractor shall not lend or borrow from or have or enter into any monitory dealings or transactions either directly or indirectly with any employee of the Railway and if he shall do so, the Railway shall be entitled forthwith to rescind the contract and all other contracts with the Railway. Any question or dispute as to the commission of any such offence or compensation payable to the Railway under this Clause shall be settled by the General Manager of the Railway, in such a manner as he shall consider fit & sufficient and his decision shall be final & conclusive. In the event of rescission of the contract under this Clause, the Contractor will not be paid any compensation whatsoever except payments for the work done upto the date of rescission.

• 19.(1) Contractor's understanding: It is understood and agreed that the Contractor has, bycareful examination, satisfied himself as to the nature and location of the work, theconformation of the ground, the character, quality and quantity of the materials to beencountered, the character of equipment and facilities needed preliminary to and during theprogress of the works, the general and local conditions, the labour conditions prevailingtherein and all other matters which can in any way affect the works under the contract

• 19.(2) Commencement of Works: The Contractor shall commence the works within 15 daysafter the receipt by him of an order in writing to this effect from the Engineer and shallproceed with the same with due expedition and without delay.

• 19.(3) Accepted Programme of Work: The Contractor who has been awarded the work shall assoon as possible but not later than 30 days after the date of receipt of the acceptance letter inrespect of contracts with initial completion period of two years or less or not later than 90days for other contracts have to submit the detailed programme of work indicating the timeschedule of various items of works in the form of Bar Chart/PERT/CPM. He shall also submitthe details of organisation (in terms of labour and supervisors), plant and machinery that heintends to utilize (from time to time) for execution of the work within stipulated date ofcompletion. The programme of work amended as necessary by discussions with the Engineer,shall be treated as the agreed programme of the work for the purpose of this contract and theContractor shall endeavor to fulfill this programme of work. The progress of work will be watched accordingly and the liquidated damages will be with reference to the overallcompletion date. Nothing stated herein shall preclude the Contractor in achieving earliercompletion of item or whole of the works than indicated in the programme. In Contracts for works of New Line/Gauge Conversion/Doubling/Railway Electrification, finalized throughTenders having advertised value more than Rs.50crores, the Contractor shall submit adetailed time programme to the Engineer within 30 days after issue of LOA. The program shallinclude the physical and Financial Progress vis-a-vis program and forecast cash flow adoptingProject Management Software such as Primavera/Sure Track/MS Project etc. The programmust identify the milestones, interface requirements and program reporting elements. TheContractor shall supply, free of cost one set of authorized software to the Engineer and thesoft copy of structured program for the project. This shall be updated every month. TheContractor shall also submit a revised programme whenever the previous programme isinconsistent with actual progress. Each programme shall include: The order in which theContractor intends to carry out the Works, including the anticipated timing of each stage,Contractor's Documents, procurement, manufacture of Plant, delivery to Site, construction,erection and testing, each of these stages for work by each Subcontractor, if any, thesequence and timing of inspections and tests specified in the Contract, and a supportingreport which includes: a general description of the methods which the Contractor intends toadopt, and of the major stages, in the execution of the Works, and details showing theContractor's reasonable estimate for the number of each class of Contractor's Personnel&Equipment, required on the Site for each major stage. Unless the Engineer, within 21 daysafter receiving a programme, gives notice to the Contractor stating the extent to which it doesnot comply with the Contract, the Contractor shall proceed in accordance with theprogramme, subject to his other obligations under the Contract. The Engineer shall be entitledto rely upon the programme when planning their activities. If, at any time, the Engineer givesnotice to the Contractor that a programme fails (to the extent stated) to comply with theContract or to be consistent with actual progress and the Contractor's stated intentions, theContractor shall submit a revised programme to the Engineer within 15 days in accordance with this Sub-Clause.

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• 19.(4) Setting out of Works: The Contractor shall be responsible for the correct setting out ofall works in relation to original points, lines and levels of reference at his cost. The Contractorshall execute the work true to alignment, grade, levels and dimensions as shown in thedrawing and as directed by the Engineer's representative and check these at frequentintervals. The Contractor shall provide all facilities like labour and instruments and shall cooperate with the Engineer's representative for checking of all alignment, grades, levels anddimensions. If, at any time, during the progress of the works any error appear or arise in anypart of the work, the Contractor, on being required so to do by the Engineer's representativeshall, at his own cost rectify such errors, to the satisfaction of the Engineer's representative.Such checking shall not absolve the Contractor of his own responsibility of maintainingaccuracy in the work. The Contractor shall carefully protect and preserve all bench marks,sight rails, pegs and other things used in setting out the work.

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• 20.(1) Compliance to Engineer's Instructions: The Engineer shall direct the sequence in whichthe several parts of the works shall be executed and the Contractor shall execute withoutdelay all orders given by the Engineer from time to time; but the Contractor shall not berelieved thereby from responsibility for the due performance of the works in all respects.

• 20.(2)Alterations to be Authorized: No alterations in or additions to or omissions orabandonment of any part of the works shall be deemed authorised, except under writteninstructions from the Engineer.

• 20.(3) Extra Works: Should works over and above those included in the contract require to beexecuted at the site, the Contractor shall have no right to be entrusted with the execution ofsuch works which may be carried out by another Contractor or Contractors or by other meansat the option of the Railway.

• 20.(4) Separate Contracts in Connection with Works: The Railway shall have the right to letother contracts in connection with the works. The Contractor shall afford other Contractorsreasonable opportunity for the storage of their materials and the execution of their works andshall properly connect and coordinate his work with theirs. If any part of the Contractor's workdepends upon proper execution or result upon the work of another Contractor(s), theContractor shall inspect and promptly report to the Engineer any defects in such works thatrender it unsuitable for such proper execution and results. The Contractor's failure so- toinspect and report shall constitute an acceptance of the other Contractor's work as fit andproper for the reception of his work, except as to defects which may develop in the otherContractor's work after the execution of his work.

• 21. Instruction of Engineer's Representative: Any instructions or approval given by theEngineer's representative to Contractor in connection with the works shall bind the Contractoras though it had been given by the Engineer provided always as follows:

  1. Failure of theEngineer's representative to disapprove any work or materials shall not prejudice the power ofthe Engineer thereafter to disapprove such work or material and to order the removal orbreaking up thereof.
  2. If the Contractor shall be dissatisfied by reason of any decision of theEngineer's representative, he shall be entitled to refer the matter to the Engineer who shallthere upon confirm or vary such decision.

• 22.(1) Adherence to Specifications and Drawings: The site and the detailed drawings shall bemade available to the contractor commensurate with the accepted programme of worksubmitted under clause 19(3). The whole of the works shall be executed in perfect conformitywith the specifications and drawings of the contract. If Contractor performs any works in amanner contrary to the specifications or drawings or any of them and without such referenceto the Engineer, he shall bear all the costs arising or ensuing therefrom and shall beresponsible for all loss to the Railway. 22.(2) Drawings and Specifications of the Works: TheContractor shall keep one copy of Drawings and Specifications at the site, in good order, andsuch contract documents as may be necessary, available to the Engineer or the Engineer'sRepresentative. 22.(3) Ownership of Drawings and Specifications: All Drawings andSpecifications and copies thereof furnished by the Railway to the Contractor are deemed to bethe property of the Railway. They shall not be used on other works and with the exception ofthe signed contract set, shall be returned by the Contractor to the Railway on completion ofthe work or termination of the Contract. 22.(4) Compliance with Contractor's Request forDetails: The Engineer shall furnish with reasonable promptness, after receipt by him of theContractor's request, additional instructions by means of drawings or otherwise, necessary forthe proper execution of the works or any part thereof. All such drawings and instructions shallbe consistent with the Contract Documents and reasonably inferable there from. 22.(5)Meaning and Intent of Specification and Drawings: If any ambiguity arises as to the meaningand intent of any portion of the Specifications and Drawings or as to execution or quality ofany work or material, or as to the measurements of the works the decision of the Engineerthereon shall be final subject to the appeal (within 7 days of such decision being intimated tothe Contractor) to the Chief Engineer who shall have the power to correct any errors,omissions, or discrepancies in aforementioned items and whose decision in the matter indispute or doubt shall be final and conclusive.

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• 23. Working during Night: The Contractor shall not carry out any work between sun-set andsun-rise without the previous permission of the Engineer. However, if the Engineer is satisfiedthat the work is not likely to be completed in time except by resorting to night work, he mayorder the same without confirming any right on the Contractor for claiming any extra paymentfor the same.

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

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• 25. Sheds, Storehouses and Yards: The Contractor shall at his own expense provide himselfwith sheds, storehouses and yards in such situations and in such numbers as in the opinion ofthe Engineer is requisite for carrying on the works and the Contractor shall keep at each suchsheds, storehouses and yards a sufficient quantity of materials and plant in stock as not todelay the carrying out of the works with due expedition and the Engineer and the Engineer'srepresentative shall have free access to the said sheds, store houses and yards at any timefor the purpose of inspecting the stock of materials or plant so kept in hand, and anymaterials or plant which the Engineer may object to shall not be brought upon or used in theworks, but shall be forthwith removed from the sheds, storehouses or yards by theContractor. The Contractor shall at his own expenses provide and maintain suitable mortarmills, soaking vats or any other equipments necessary for the execution of the works.

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• 26.Provision of Efficient and Competent Staff at Work Sites by the Contractor:26.1TheContractor shall place and keep on the works at all times efficient and competent staff to givethe necessary directions to his workmen and to see that they execute their work in sound &proper manner and shall employ only such supervisors, workmen & labourers in or about theexecution of any of these works as are careful and skilled in the various trades. 26.2TheContractor 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 andwhenever required by the Engineer, he shall submit a correct return showing the names of allstaff and workmen employed by him. 26.3In the event of the Engineer being of the opinionthat the Contractor is not employing on the works a sufficient number of staff and workmen asis necessary for proper completion of the works within the time prescribed, the Contractorshall forthwith on receiving intimation to this effect deploy the additional number of staff andlabour as specified by the Engineer within seven days of being so required and failure on thepart of the Contractor to comply with such instructions will entitle the Railway to rescind thecontract under Clause 62 of these conditions.26A.Deployment of Qualified Engineers at WorkSites 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.2In case the Contractor fails to employ the Engineer, as aforesaid in Para 26A.1, he shallbe liable to pay liquidated damages at the rates, as prescribed in the tender documents.26A.3No. of qualified Engineers required to be deployed by the Contractor for variousactivities contained in the works contract shall be specified in the tender documents as'Special Condition of Contract'.

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• 27.(1)Workmanship and Testing: The whole of the works and/or supply of materials specifiedand provided in the contract or that may be necessary to be done in order to form andcomplete any part thereof shall be executed in the best and most substantial workman likemanner with materials of the best and most approved quality of their respective kinds,agreeable to the particulars contained in or implied by the specifications and as referred to inand represented by the drawings or in such other additional particulars, instructions anddrawings given during the carrying on of the works and to the entire satisfaction of theEngineer according to the instructions and directions which the Contractors may from time totime receive from the Engineer. The materials may be subjected to tests by means of suchmachines, instruments and appliances as the Engineer may direct and wholly at the expenseof the Contractor. 27.(2)Removal of Improper Work and Materials: The Engineer or theEngineer's Representative shall be entitled to order from time to time:

  1. The removal fromthe site, within the time specified in the order, of any materials which in his opinion are not inaccordance with the specifications or drawings.
  2. The substitution of proper and suitablematerials, and
  3. the removal and proper re-execution, notwithstanding any previous teststhereof or on account payments therefor, of any work which in respect of materials orworkmanship is not in his opinion in accordance with the specifications and in case of defaulton the part of the Contractor in carrying out such order, the Railway shall be entitled torescind the contract under Clause 62 of these conditions.
  4. The provision of Construction andDemolition Waste Management Rule 2016 issued by Ministry of Environment Forest andClimate Change dated 29.03.2016 and published in the Gazette of India, Part - II, Section -3,Sub-section (ii) are binding upon the Contractor. Contractor shall implement these provisionsat worksites, for which no extra payment will be payable.
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• 28. Facilities for Inspection: The Contractor shall afford the Engineer and the Engineer'sRepresentative every facility for entering in and upon every portion of the work at all hoursfor the purpose of inspection or otherwise and shall provide all labour, materials, planks,ladders, pumps, appliances and things of every kind required for the purpose and theEngineer and the Engineer's Representative shall at all times have free access to every part ofthe works and to all places at which materials for the works are stored or being prepared.

• 29. Examination of Work before Covering Up: The Contractor shall give 7 days' notice to theEngineer or the Engineer's Representative whenever any work or materials are intended to becovered up in the earth, in bodies or walls or otherwise to be placed beyond the reach ofmeasurements in order that the work may be inspected or that correct dimensions may betaken before being so covered, placed beyond the reach of measurement in default whereof,the same shall at the option of the Engineer or the Engineer's Representative be uncoveredand measured at the Contractor's expense or no allowance shall be made for such work ormaterials.

• 30. Temporary Works: All temporary works necessary for the proper execution of the worksshall be provided and maintained by the Contractor and subject to the consent of theEngineer shall be removed by him at his expenses when they are no longer required and insuch manner as the Engineer shall direct. In the event of failure on the part of the Contractorto remove the temporary works, the Engineer will cause them to be removed and cost asincreased by supervision and other incidental charges shall be recovered from the Contractor.If temporary huts are provided by the Contractor on the Railway land for labour engaged byhim for the execution of works, the Contractor shall arrange for handing over vacantpossession of the said land after the work is completed; if the Contractor's labour refuse tovacate, and have to be evicted by the Railway, necessary expenses incurred by the Railway inconnection therewith shall be borne by the Contractor.

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• 31.(1) Contractor to Supply Water for Works: Unless otherwise provided in the Contract, theContractor shall be responsible for the arrangements to obtain supply of water necessary forthe works. 31.(2) Water Supply from Railway System: The Railway may supply to theContractor part or whole of the quantity of the water required for the execution of works fromthe Railway's existing water supply system at or near the site of works on specified terms andconditions and at such charges as shall be determined by the Railway and payable by theContractor, provided that the Contractor shall arrange, at his own expense, to effect theconnections and lay additional pipelines and accessories on the site and that the Contractorshall not be entitled to any compensation for interruption of failure of the water supply. 31.(3)Water Supply by Railway Transport: In the event of the Railway arranging supply of water tothe Contractor at or near the site of works by travelling water tanks or other means, thefreight and other charges incurred thereby, including demurrage charges that may be levied,shall be paid by the Contractor in addition to the charges referred to in Sub-Clause (2) of theClause provided that the Contractor shall not be entitled to any compensation for interruptionor failure of the water supply. 31.(4)

  1. Contractor to Arrange Supply of Electric Power forWorks: Unless otherwise provided in the contract, the Contractor shall be responsible forarrangements to obtain supply of Electric Power for the works.
  2. Electric Supply from theRailway System: The Railway may supply to the Contractor part or whole of the electric powerwherever available and possible, required for execution of works from the Railway's existingelectric supply systems at or near the site of works on specified terms and conditions andsuch charges as shall be determined by the Railway and payable by the Contractor providedthe cost of arranging necessary connections to the Railway's Electric Supply systems andlaying of underground/overhead conductor, circuit protection, electric power meters,transmission structure, shall be borne by the Contractor and that the Contractor shall not beentitled to any compensation for interruption or failure of the Electric supply system.
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• 32. Property in Materials and Plant: The materials and plant brought by the Contractor uponthe site or on the land occupied by the Contractor in connection with the works and intendedto be used for the execution thereof shall immediately be deemed to be the property of theRailway. Such of them as during the progress of the works are rejected by the Engineer underClause 25 of these conditions or are declared by him not to be needed for the execution of theworks or such as on the grant of the certificate of completion remain unused shallimmediately on such rejection, declaration or grant cease to be deemed the property of theRailway and the Contractor may then (but not before) remove them from the site or the saidland. This clause shall not in any way diminish the liability of the Contractor nor shall theRailway be in any way answerable for any loss or damage which may happen to or in respectof any such materials or plant either by the same being lost, stolen, injured or destroyed byfire, tempest or otherwise.

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• 33.(1)Tools, Plant and Materials Supplied by Railway: The Contractor shall take all reasonablecare of all tools, plant and materials or other property whether of a like description or notbelonging to the Railway and committed to his charge for the purpose of the works and shallbe responsible for all damage or loss caused by him, his agents, permitted sub-contractor, orhis workmen or others while they are in his charge. The Contractors shall sign accountablereceipts for tools, plants and materials made over to him by the Engineer and on completionof the works shall hand over the unused balance of the same to the Engineer in good orderand repair, fair wear and tear excepted, and shall be responsible for any failure to account forthe same or any damage done thereto. 33.(2)Hire of Railway's Plant: The Railway may hire tothe Contractor such plant as concrete mixers, compressors and portable engines for useduring execution of the works on such terms as may be specified in the special conditions orin a separate agreement for Hire of Plant.

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• 34.(1) Precaution During Progress of Works: During the execution of works, unless otherwisespecified, the Contractor shall at his own cost provide the materials for and execute allshoring, timbering and strutting works as is necessary for the stability and safety of allstructures, excavations and works and shall ensure that no damage, injury or loss is caused orlikely to be caused to any person or property.

  2. Roads and Water Courses: Existingroads or water courses shall not be blocked cut through, altered, diverted or obstructed in anyway by the Contractor, except with the permission of the Engineer. All compensations claimedfor any unauthorized closure, cutting through, alteration, diversion or obstruction to suchroads or water courses by the Contractor or his agent or his staff shall be recoverable fromthe Contractor's bills/Security Deposit or any other dues of Contractor with the Government ofIndia.
  3. Provision of Access to Premises: During progress of work in any street orthoroughfare, the Contractor shall make adequate provision for the passage of traffic, forsecuring safe access to all premises approached from such street or thoroughfare and for anydrainage, water supply or means of lighting which may be interrupted by reasons of theexecution of the works and shall react and maintain at his own cost barriers, lights and othersafeguards as prescribed by the Engineer, for the regulation of the traffic, and providewatchmen necessary to prevent accidents. The works shall in such cases be executed nightand day, if so ordered by the Engineer and with such vigour so that the traffic way beimpeded for as short a time as possible.
  4. Safety of Public: The Contractor shall beresponsible to take all precautions to ensure the safety of the public whether on public orrailway property and shall post such look out men as may, in the opinion of the Engineer, berequired to comply with regulations appertaining to the work. Contractor shall ensureplacement of barricading / partitions at the place of work to ensure safety of habitants ofadjacent area, failing which Engineer may advise stoppage of work as per his discretion.
  5. Display Board: The Contractor shall be responsible for displaying the details ofworks i.e. name of work, approximate cost, expected date of completion, name and addressof the Contractor and address of Engineer on a proper steel Board of size not less than 1m x1m.
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• 35. Use of Explosives: Explosives shall not be used on the works or on the site by theContractor without the permission of the Engineer and then also only in the manner and to theextent to which such permission is given. Where explosives are required for the works, theyshall be stored in a special magazine to be provided by and at the cost of the Contractor inaccordance with the Explosive Rules. The Contractor shall obtain the necessary license for thestorage and the use of explosives. All operations in which or for which explosives areemployed shall be at the sole risk and responsibility of the Contractor and the Contractor shallindemnify the Railway in respect thereof.

• 36.(1) Suspension of Works: The Contractor shall on the order of the Engineer, suspend theprogress of the works or any part thereof for such time or times and in such manner as theEngineer may consider necessary and shall during such suspension properly protect andsecure the work so far as is necessary in the opinion of the Engineer. If such suspension is:

  1. Provided for in the contract, or
  2. Necessary for the proper execution of the works or bythe reason of weather conditions or by some default on the part of the Contractor, and or
  3. Necessary for the safety of the works or any part thereof, or
  4. Necessary for the safety ofadjoining public or other property or safety of the public or workmen or those who have to beat the site, or
  5. Necessary to avoid disruption of traffic and utilities, as also to permit fastrepair and restoration of any damaged utilities, or
  6. Due to instruction of The National GreenTribunal or any other statutory authority due to high level of pollution in the city of worksite.36.(2)The Contractor shall not be entitled to the extra costs, if any, incurred by him during theperiod of suspension of the works, but in the event of any suspension ordered by the Engineerfor reasons other than aforementioned and when each such period of suspension exceeds 14days, the Contractor shall be entitled to such extension of time for completion of the works asthe Engineer may consider proper having regard to the period or periods of such suspensionsand to such compensations as the Engineer may consider reasonable in respect of salaries orwages paid by the Contractor to his employees during the periods of such suspension. 36.(3)Suspension Lasting More than 3 Months: If the progress of the works or any part thereof issuspended on the order of the Engineer for more than three months at a time, the Contractormay serve a written notice on the Engineer requiring permission within 15 days from thereceipt thereof to proceed with the works or that part thereof in regard to which progress issuspended and if such permission is not granted within that time the Contractor by furtherwritten notice so served may, but is not bound to, elect to treat the suspension where itaffects part only of the works as an omission of such part or where it affects the whole of theworks, as an abandonment of the contract by the Railway.
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• 37. Rates for Items of Works: (i) The rates, entered in the accepted Bill(s) of Quantities of theContract are intended to provide for works duly and properly completed in accordance withthe General and Special (if any) Conditions of the Contract and the Specifications anddrawings together with such enlargements, extensions, diminutions, reductions, alterations oradditions as may be ordered in terms of Clause 42 of these conditions and without prejudice tothe generality thereof and shall be deemed to include and cover superintendence and labour,supply, including full freight of materials, stores, patterns, profiles, moulds, fittings,centerings, scaffolding, shoring props, timber, machinery, barracks, tackle, roads, pegs, posts,tools and all apparatus and plant required on the works, except such tools, plant or materialsas may be specified in the contract to be supplied to the Contractor by the Railway, theerection, maintenance and removal of all temporary works and buildings, all watching,lighting, bailing, pumping and draining, all prevention of or compensation for trespass, allbarriers and arrangements for the safety of the public or of employees during the execution ofworks, all sanitary and medical arrangements for labour camps as may be prescribed by theRailway, the setting of all work and of the construction, repair and upkeep of all center lines,bench marks and level pegs thereon, site clearance, all fees duties, royalties, rent andcompensation to owners for surface damage or taxes and impositions payable to localauthorities in respect of land, structures and all material supplied for the work or other dutiesor expenses for which the Contractor may become liable or may be put to under any provisionof law for the purpose of or in connection with the execution of the contract and all such otherincidental charges or contingencies as may have been specially provided for in theSpecifications. However, if rates of existing GST or cess on GST for Works Contract isincreased or any new tax /cess on Works Contract is imposed by Statute after the date ofopening of tender but within the original date of completion/date of completion extendedunder clause 17 & 17A and the Contractor thereupon properly pays such taxes/cess, theContractor shall be reimbursed the amount so paid. Further, if rates of existing GST or cess onGST for Works Contract is decreased or any tax/cess on Works Contract is decreased /removed by Statute after the date of opening of tender, the reduction in tax amount shall berecovered from Contractor's bills/Security Deposit or any other dues of Contractor with theGovernment of India.

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• 38.Demurrage and Wharfage Dues: Demurrage charges calculated in accordance with thescale in force for the time being on the Railway and incurred by the Contractor failing to loador unload any goods or materials within the time allowed by the Railway for loading as alsowharfage charges, of materials not removed in time, as also charges due on consignmentsbooked by or to him shall be paid by the Contractor, failing which such charges shall bedebited to the Contractor's account in the hands of the Railway and shall be deducted fromany sums which may become due to him in terms of the contracts.

• 39.(1)Rates for Extra Item(s) of Works:

  1. Standard Schedule of Rates (SSOR) Items: Any itemof work carried out by the Contractor on the instructions of the Engineer which is not includedin the accepted Bill(s) of Quantities but figures in the Standard Schedule of Rates (SSOR),shall be executed at the rates set forth in the "Standard Schedule of Rates (SSOR)" modifiedby the tender percentage as accepted in the contract for that chapter of Standard Schedule ofRates (SSOR). However, the cumulative value of all such extra item(s) together (modified bythe respective tender percentage) shall not exceed 10 % of the original contract value. Foritem(s) not covered in this sub clause, the rate shall be decided as agreed upon between theEngineer and the Contractor before the execution of such items of work as per sub clause (b).
  2. Other Items: For any item of work to be carried out by the Contractor but not included inthe accepted Bill(s) of Quantities and also not covered under sub clause (a) above, theContractor shall be bound to notify the Engineer at least seven days before the necessityarises for the execution of such items of works that the accepted Bill(s) of Quantities does notinclude rate or rates for such extra work involved. The rates payable for such items shall bedecided at the meeting to be held between the Engineer and Contractor, in as short a periodas possible after the need for the special item has come to the notice. In case the Contractorfails to attend the meeting after being notified to do so or in the event of no settlement beingarrived at, the Railway shall be entitled to execute the extra works by other means and theContractor shall have no claim for loss or damage that may result from such procedure. Theassessment of rates for extra item(s) shall be arrived at based on the prevailing market ratesof labour, machinery & materials and by taking guidance from the following documents inorder of priority:
     1. Analysis of Rates for "Unified Standard Schedule of Rates of Indian Railways(USSOR)"
     2. Analysis of Rates for "Delhi Schedule of Rates issued by CPWD (DSR)"
     3. MarketAnalysis@ 46'46@(2)Provided that if the Contractor commences work or incurs anyexpenditure in regard thereto before the rates as determined and agreed upon as lastlyhereuntofore- mentioned, then and in such a case the Contractor shall only be entitled to bepaid in respect of the work carried out or expenditure incurred by him prior to the date ofdetermination of the rates as aforesaid according to the rates as shall be fixed by theEngineer. However, if the Contractor is not satisfied with the decision of the Engineer in thisrespect, he may appeal to the Chief Engineer within 30 days of getting the decision of theEngineer, supported by analysis of the rates claimed. The Chief Engineer's decision afterhearing both the parties in the matter would be final and binding on the Contractor and theRailway
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• 40.(1)Handing over of Works: The Contractor shall be bound to hand over the works executedunder the contract to the Railway complete in all respects to the satisfaction of the Engineer.The Engineer shall determine the date on which the work is considered to have beencompleted, in support of which his certificate shall be regarded as sufficient evidence for allpurposes. The Engineer shall determine from time to time, the date on which any particularsection of the work shall have been completed, and the Contractor shall be bound to observeany such determination of the Engineer. 40.(2)Clearance of Site on Completion: On completionof the works, the Contractor shall clear away and remove from the site all constructionalplant, surplus materials, rubbish and temporary works of every kind and leave the whole ofthe site and works clean and in a workman like condition to the satisfaction of the Engineer.No final payment in settlement of the accounts for the works shall be paid, held to be due orshall be made to the, Contractor till, in addition to any other condition necessary for finalpayment, site clearance shall have been affected by him, and such clearance may be madeby the Engineer at the expense of the Contractor in the event of his failure to comply with thisprovision within 7 days after receiving notice to that effect. Should it become necessary forthe Engineer to have the site cleared at the expenses of the Contractor, the Railway shall notbe held liable for any loss or damage to such of the Contractor's property as may be on thesite and due to such removal there from which removal may be affected by means of publicsales of such materials and property or in such a way as deemed fit and convenient to theEngineer. 40A Offloading of Part(s) of Work: At the final stage of completion/ commissioning ofwork, in case the contractor fails to complete the final part(s) of the work and the value ofsuch part(s) of the work is limited to 5% of the original contract value, the Engineer mayallow/decide for offloading of such part(s) of works, either after the Contractor's request inwriting to do so or after serving a 14 (Fourteen) days suo-moto notice (as per annexure- VIIA),if the Engineer is of the opinion that :-

  1. Such Offloading of works (up to 5% of originalcontract value) would enable successful completion of contract/work,
  2. Termination/ Parttermination of the contract at this stage is not be in the interest of the Railway/work;, and
  3. The anticipated additional cost for execution of such works through other mode would not besubstantial and can be recovered from the pending dues of the contractor; The Contractorshall be informed, in due course, by the Engineer of the mode and cost of execution of suchoffloaded work through other agency(ies) (as per annexure- VIIB). The extra expenditure soincurred in execution of the offloaded work, shall be recovered from subsequent Bill(s) or anyother dues of the Contractor, but not exceeding the value of Performance Guarantee availablein the contract. There shall be no other repercussion of such offloading on execution of thebalance contract. The Contractor shall have no claim on account of above mentionedoffloading of works.
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• VARIATIONS IN EXTENT OF CONTRACT:41. Modification to Contract to be in Writing: In theevent of any of the provisions of the contract required to be modified after the contractdocuments have been signed, the modifications shall be made in writing and signed by theRailway and the Contractor and no work shall proceed under such modifications until this hasbeen done. Any verbal or written arrangement abandoning, modifying, extending, reducing orsupplementing the contract or any of the terms thereof shall be deemed conditional and shallnot be binding on the Railway unless and until the same is incorporated in a formalinstrument and signed by the Railway and the Contractor, and till then the Railway shall havethe right to repudiate such arrangements.

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

• 42.(2)

  1. Unless otherwise specified in the special conditions of the contract, the acceptedvariation in quantity of each individual item of the contract would be upto 25% of the quantityoriginally contracted, except in case of foundation work (in which no variation limit shallapply). However, the rates for the increased quantities shall be as per sub- para (iii) below.
  2. The Contractor shall be bound to carry out the work at the agreed rates and shall not beentitled to any claim or any compensation whatsoever upto the limit of 25% variation inquantity of individual item of works.
  3. In case an increase in quantity of an individual itemby more than 25% of the agreement quantity is considered unavoidable, then same shall beexecuted at following rates
     1. Quantities operated in excess of 125% but upto 140% of theagreement quantity of the concerned item, shall be paid at 98% of the rate awarded for thatitem in that particular tender;
     2. Quantities operated in excess of 140% but upto 150% of theagreement quantity of the concerned item shall be paid at 96% of the rate awarded for thatitem in that particular tender;
     3. Variation in quantities of individual items beyond 150% will beavoided and would be permitted only in exceptional unavoidable circumstances and shall bepaid at 96% of the rate awarded for that item in that particular tender.
     4. Variation toquantities of Minor Value Item: The limit for varying quantities for minor value items shall be100% (as against 25% prescribed for other items). A minor value item for this purpose isdefined as an item whose original agreement value is less than 1 % of the total originalcontract value. d.
        1. Quantities operated upto and including 100% of the agreement quantityof the concerned minor value item, shall be paid at the rate awarded for that item in thatparticular tender; d.
        2. Quantities operated in excess of 100% but upto 200% of the agreementquantity of the concerned minor value item, shall be paid at 98% of the rate awarded for thatitem in that particular tender; d.
        3. Variation in quantities of individual minor value itembeyond 200% will be avoided and would be permitted only in exceptional unavoidablecircumstances and shall be paid at 96% of the rate awarded for that item in that particulartender.
  4. In case of earthwork items, the variation limit of 25% shall apply to the grossquantity of earthwork items and variation in the quantities of individual classifications of soilshall not be subject to this limit.
  5. As far as Standard Schedule of Rates (SSOR) items areconcerned, the variation limit of 25% would apply to the value of SSOR schedule(s) as a wholeand 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 mannerof quoting the rate (single percentage rate or individual item rate).
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• 42.(3)Valuation of Variations: The enlargements, extensions, diminution, reduction, alterationsor additions referred to in Sub-Clause (2) of this Clause shall in no degree affect the validity ofthe contract; but shall be performed by the Contractor as provided therein and be subject tothe same conditions, stipulations and obligations as if they had been originally andexpressively included and provided for in the Specifications and Drawings and the amounts tobe paid therefor shall be calculated in accordance with the accepted Bill(s) of Quantities. Anyextra item(s)/quantities of work falling outside the purview of the provisions of Sub- Clause (2)above shall be paid for at the rates determined under Clause-39 of these Conditions.

• CLAIMS:43.(1) Quarterly Statement of Claims: The Contractor shall prepare and furnish to theEngineer once in every quarter commencing from the month following the month of issue ofLetter of Acceptance, an account giving full and detailed particulars of all claims for anyadditional expenses to which the Contractor may consider himself entitled to and of all extraor additional works ordered by the Engineer which he has executed during the precedingquarter and no claim for payment for such work will be considered which has not beenincluded in such particulars.

• 43.(2)Signing of "No Claim" Certificate : The Contractor shall not be entitled to make any claimwhatsoever against the Railway under or by virtue of or arising out of this contract, nor shallthe Railway entertain or consider any such claim, if made by the Contractor, after he shallhave signed a "No Claim" Certificate in favour of the Railway in such form as shall be requiredby the Railway after the works are finally measured up. The Contactor shall be debarred fromdisputing the correctness of the items covered by "No Claim" Certificate or demanding aclearance to arbitration in respect thereof.

• MEASUREMENTS, CERTIFICATES AND PAYMENTS:44. Quantities in Bill(s) of Quantities Annexedto Contract: The quantities set out in the accepted Bill(s) of Quantities with items of worksquantified are the estimated quantities of the works and they shall not be taken as the actualand correct quantities of the work to be executed by the Contractor in fulfillment of hisobligations under the contract.

• 45(i). Measurement of Works by Railway: The Contractor shall be paid for the works at therates in the accepted Bill(s) of Quantities and for extra works at rates determined underClause 39 of these Conditions on the measurements taken by the Engineer or the Engineer'srepresentative in accordance with the rules prescribed for the purpose by the Railway. Thequantities for items the unit of which in the accepted Bill(s) of Quantities is 100 or 1000 shallbe calculated to the nearest whole number, any fraction below half being dropped and halfand above being taken as one; for items the unit of which in the accepted Bill(s) of Quantitiesis single, the quantities shall be calculated to two places of decimals. Such measurements willbe taken of the work in progress from time to time and at such intervals as in the opinion ofthe Engineer shall be proper having regard to the progress of works. The date and time onwhich 'on account' or 'final' measurements are to be made shall be communicated to theContractor who shall be present at the site and shall sign the results of the measurements(which shall also be signed by the Engineer or the Engineer's representative) recorded in theofficial measurements book as an acknowledgement of his acceptance of the accuracy of themeasurements. Failing the Contractor's attendance, the work may be measured up in hisabsence and such measurements shall, notwithstanding such absence, be binding upon theContractor whether or not he shall have signed the measurement books provided always thatany objection made by him to measurement shall be duly investigated and considered in themanner set out below:

  1. It shall be open to the Contractor to take specific objection to anyrecorded measurements or Classification on any ground within seven days of the date of suchmeasurements. Any re-measurement taken by the Engineer or the Engineer's representativein the presence of the Contractor or in his absence after due notice has been given to him inconsequence of objection made by the Contractor shall be final and binding on the Contractorand no claim whatsoever shall thereafter be entertained regarding the accuracy andClassification of the measurements.
  2. If an objection raised by the Contractor is found by theEngineer to be incorrect the Contractor shall be liable to pay the actual expenses incurred inmeasurements.
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• 45(ii). Measurement of Works by Contractor's Authorized Representative (in case the contractprovides for the same):

  1. The Contractor shall be paid for the works at the rates in theaccepted Bill(s) of Quantities and for extra works at rates determined under Clause 39 ofthese Conditions on the measurements taken by the Contractor's authorized Engineer inaccordance with the rules prescribed for the purpose by the Railway. The quantities for itemsthe unit of which in the accepted Bill(s) of Quantities is 100 or 1000 shall be calculated to thenearest whole number, any fraction below half being dropped and half and above being takenas one; for items the unit of which in the accepted Bill(s) of Quantities is single, the quantitiesshall be calculated to two places of decimals. Such measurements will be taken of the work inprogress from time to time. The date and time on which 'on account' or 'final' measurementsare to be made shall be communicated to the Engineer. The date and time of test checks shallbe communicated to the Contractor who shall be present at the site and shall witness the testchecks, failing the Contractor's attendance the test checks may be conducted in his absenceand such test checks shall not withstanding such absence be binding upon Contractorprovided always that any objection made by Contractor to test check shall be dulyinvestigated and considered in the manner set out below:
     1. It shall be open to the Contractorto take specific objection to test checks of any recorded measurement within 7 days of date ofsuch test checks. Any re-test check done by the concerned Railway's authority in the presenceof the Contractor or in his absence after due notice given to him in consequent of objectionmade by the Contractor shall be final and binding on the Contractor and no claim whatsoevershall thereafter be entertained regarding the accuracy and classification of themeasurements.
     2. If an objection raised by the Contractor is found by the Engineer to beincorrect the Contractor shall be liable to pay the actual expenses incurred in measurements.
  2. Incorrect measurement, actions to be taken: If in case during test check or otherwise, it isdetected by the Engineer that agency has claimed any exaggerated measurement or hasclaimed any false measurement for the works which have not been executed; amounting tovariation of 5% or more of claimed gross bill amount, action shall be taken as following:
     1. Onfirst occasion of noticing exaggerated/ false measurement, Engineer shall recover liquidateddamages equal to10% of claimed gross bill value.
     2. On any next occasion of noticing anyexaggerated/false measurement, railway shall recover liquidated damages equal to 15% ofclaimed gross bill value. In addition, the facility of recording of measurements by Contractoras well as release of provisional payment shall be withdrawn. Once withdrawn, measurementsshall be done by railway as per clause 45(i) above.
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• 46.(1)"On-Account " Payments: The Contractor shall be entitled to be paid from time to timeby way of "On- Account" payment only for such works as in the opinion of the Engineer he hasexecuted in terms of the contract. All payments due on the Engineer's/Engineer'sRepresentative's certificates of measurements or Engineer's certified "Contractor's authorizedEngineer's measurements" shall be subject to any deductions which may be made underthese presents and shall further be subject to, unless otherwise required by Clause 16 ofthese Conditions, a retention of six percent by way of Security Deposits, until the amount ofSecurity Deposit by way of such retentions shall amount to 5% of the total value of thecontract provided always that the Engineer may by any certificate make any correction ormodification in any previous certificate which shall have been issued by him and that theEngineer may withhold any certificate, if the works or any part thereof are not being carriedout to his satisfaction.

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• 46.(2)Rounding off Amounts: The total amount due on each certificate shall be rounded off tothe nearest rupee, i.e. sum less than 50 paise shall be omitted and sums of 50 paise andmore upto1 will be reckoned as 1. 46.(3)On Account Payments not Prejudicial to FinalSettlement: "On-Account" payments made to the Contractor shall be without prejudice to thefinal making up of the accounts (except where measurements are specifically noted in theMeasurement Book as "Final Measurements" and as such have been signed by the Contractorand Engineer/Engineer's Representative) and shall in no respect be considered or used asevidence of any facts stated in or to be inferred from such accounts nor of any particularquantity of work having been executed nor of the manner of its execution being satisfactory.

• 46.(4) If payment(s) of Advances are applicable in the contract, as mentioned in the TenderDocuments, Railway shall make payment(s) of Interest bearing advances, on the request ofcontractor. The payment and recovery of such Advances shall be made as under:

  1. Mobilisation Advance - This shall be limited to 10% of the Contract value and shall be paid in 2stages : Stage 1- 5% of Contract Value on signing of the contract agreement. Stage 2 - 5% onmobilization of site-establishment, setting up offices, bringing in equipment and actualcommencement of work. The stage 1 of advance shall be payable immediately after signing ofcontract agreement. The stage 2 of advance shall be payable at the time of mobilisation, onlyafter submission of an utilization certificate by the contractor that the Stage 1 advance hasbeen properly utilized in the contract. These Advances shall be payable against irrevocableguarantee (Bank Guarantee, FDRs) from a scheduled commercial bank of India of at least110% of the value of the sanctioned advance amount (covering principal plus interest).
  2. Advance Against Machinery and Equipment - This advance shall be limited to a maximumof 10% of the contract value against new Machinery & Equipment, involving substantialoutlay, brought to site and essentially required for the work. This advance shall not exceed75% of the purchase price of such Equipment and shall be payable when Equipment ishypothecated to the President of India by a suitable bond or alternatively covered by anirrevocable Bank Guarantee from a scheduled commercial bank of India for full cost of thePlant & Equipment in a form acceptable to Railways. The Plant & Equipment shall be insuredfor the full value and for the entire period, they are required for the work. This Plant &Equipment shall not be removed from the site of work without prior written permission of theEngineer. No advance should be given against old Plant & Machinery.The advances under subclause (a) and (b) above, are subject to the following conditions -
     1. The full amount ofAdvances shall be recovered from contractor dues. The recovery shall commence when thevalue of contract executed reaches 15% of original contract value and shall be completedwhen the value of work executed reaches 85% of the original contract value. The installmentson each "on account bill" will be on pro-rata basis. Interest shall be recovered on the advanceoutstanding for the period commencing from the date of payment of advance till date ofparticular on-account bill (through which recovery of principal is effected) and adjusted fullyagainst on-account bill along with pro-rata principal recovery. In the event of any short-fall,the same shall be carried forward to the next on-account bill and shall attract interest.
     2. Theadvances shall be used by the Contractor for the purpose of the Contract, and for the purposefor which they are paid. Under no circumstances, shall the advances be diverted for otherpurposes. Any such diversion shall be construed as a breach of the Contract and theContractor shall be asked to return the advance at once and pay interest at 15% per annumtill the advance is recovered back from him. The Contractor shall return the advance and paythe interest in one go without demur. The Contractor, if required by the Engineer shall providethe details of utilisation of Mobilisation advance.
     3. If the Contractor is found to havecontravened the provision, it will constitute a breach of contract and Railway shall be entitledto terminate the contract and forfeit his Performance Guarantee as well as Security Deposit.
     4. In cases, where the Contract is rescinded as per clause 62 of the contract or short closedunder any other condition(s) of the contract, without making full recovery of advances andaccrued interest thereon, by the Railway, such balance of advances and accrued interestthereon shall immediately become due and payable by the Contractor to the Railway. Thesame shall be recovered from any due of Contractor with the Government of India.
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• 46.(5)Manner of Payment: Unless otherwise specified payments to the Contractor will betransferred electronically to his bank account.

• 46A.Price Variation Clause (PVC):46A.1 Applicability: Price Variation Clause (PVC) shall beapplicable only in tender having advertised value above Rs. 2 Crores and having completionperiod 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 thegross value of the work for the purpose of price variation) :

  1. Materials supplied by Railway tothe Contractors, either free or at fixed rate;
  2. Any extra item(s) included in subsequentvariation 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' hasbeen specially agreed, while fixing the rates of such extra item(s). 46A.2 Base Month: TheBase Month for 'Price Variation Clause' shall be taken as the one month prior to closing oftender, unless otherwise stated elsewhere. The quarter for applicability of PVC shallcommence from the month following the Base month. The Price Variation shall be based onthe average Price Index of the quarter under consideration. 46A.3 Validity: Rates accepted byRailway Administration shall hold good till completion of work and no additional individualclaim shall be admissible except:
     1. Payment/recovery for increase/decrease in GST on workscontract or imposition/removal of any tax/cess on Works Contract as per Clause 37,
     2. Payment/recovery for overall market situation as per Price Variation Clause givenhereunder. 46A.4 Components of various items in a contract on which variation in prices beadmissible, shall be steel, cement, ferrous material, non-ferrous material, insulators, zinc andother materials, labour, plant & machinery, fuel, explosives, detonators etc. Adjustment forvariation in prices of these items shall be determined in the manner prescribed.
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• 46A.5No price variation shall be admissible for fixed components. 46A.6 The percentages ofvarious components in various type of works shall be as specified for all item (s)/ Bill(s) ofQuantities in tender document and the same shall be fixed as per table & classifications givenbelow: The PVC Clause and Formula shall be as per GCC Apr' 2022 with correction up todate.46A.8The demands for escalation of cost shall be allowed on the basis of provisionalindices as mentioned above in Clause 46A.7. Any adjustment needed to be done based on thefinally published indices shall be made as and when they become available. 46A.9:(1)Relevant categories of steel for the purpose of operating Price Variation formula as mentionedin this Clause shall be as under: (As per GCC Apr' 2022). 46A.10 Price Variation duringExtended Period of Contract The price adjustment as worked out above, i.e. either increase ordecrease shall be applicable upto the stipulated date of completion of work including theextended period of completion where such extension has been granted under Clause 17A ofthe Standard General Conditions of Contract. However, where extension of time has beengranted due to Contractor's failure under Clause 17B of the Standard General Conditions ofContract, price adjustment shall be done as follows: a.In case the indices increase above theindices applicable to the last month of original completion period or the extended periodunder Clause 17A, the price adjustment for the period of extension granted under Clause 17Bshall be limited to the amount payable as per the Indices applicable to the last month of theoriginal completion period or the extended period under Clause 17A of the Standard GeneralConditions of Contract; as the case may be. In case the indices fall below the indicesapplicable to the last month of original/ extended period of completion under Clause 17A, asthe case may be; then the lower indices shall be adopted for the price adjustment for theperiod of extension under Clause 17B of the Standard General Conditions of Contract.

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• 47. Maintenance of Works: The Contractor shall at all times during the progress andcontinuance of the works and also for the period of maintenance specified in the Tender Form(i.e. 36 Months or more as per RDSO spec./OEM for warrantee/guarantee clause, if applicable)after the date of issue of the certificate of completion by the Engineer or any other earlierdate subsequent to the completion of the works that may be fixed by the Engineer, beresponsible for and effectively maintain and uphold in good substantial, sound and perfectcondition all and every part of the works and shall make good from time to time and at alltimes as often as the Engineer shall require, any damage or defect that may during the aboveperiod arise in or be discovered or be in any way connected with the works, provided thatsuch damage or defect is not directly caused by errors in the contract documents, act ofprovidence or insurrection or civil riot, and the Contractor shall be liable for and shall pay andmake good to the Railway or other persons legally entitled thereto whenever required by theEngineer so to do, all losses, damages, costs and expenses they or any of them may incur orbe put or be liable to by reasons or in consequence of the operations of the Contractor or ofhis failure in any respect.

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• 48.(1)Certificate of Completion of Works: As soon as in the opinion of the Engineer, the workhas been completed and has satisfactorily passed any final test or tests that may beprescribed, the Engineer shall issue a certificate of completion duly indicating the date ofcompletion in respect of the work and the period of maintenance of the work shall commencefrom the date of completion mentioned in such certificate. The certificate, inter alia, shouldmention that the work has been completed in all respects and that all the contractualobligations have been fulfilled by the Contractor and that there is no due from the Contractorto Railways against the contract concerned. The Engineer may also issue such a certificateindicating date of completion with respect to any part of the work (before the completion ofthe whole of work), which has been both completed to the satisfaction of the Engineer andoccupied or used by the Railway. When any such certificate is given in respect of part of awork, such part shall be considered as completed and the period of maintenance of such partshall commence from the date of completion mentioned in the completion certificate issuedfor that part of the work. 48.(2)Contractor not Absolved by Completion Certificate: TheCertificate of Completion in respect of the works referred to in Sub-Clause (1) of this Clauseshall not absolve the Contractor from his liability to make good any defects imperfections,shrinkages or faults which may appear during the period of maintenance specified in thetender arising in the opinion of the Engineer from materials or workmanship not in accordancewith the drawings or specifications or instruction of the Engineer, which defects,imperfections, shrinkages or faults shall upon the direction in writing of the Engineer beamended and made good by the Contractor at his own cost; and in case of default on the partof Contractor, the Engineer may employ labour and materials or appoint another Contractor toamend and make good such defects, imperfections, shrinkages and faults and all expensesconsequent thereon and incidental thereto shall be borne by the Contractor and shall berecoverable from any moneys due to him under the contract. 48(3) Final SupplementaryAgreement: After the work is completed or otherwise concluded by the parties with mutualconsent, and taken over by the Railway as per terms and conditions of the contractagreement, and there is unequivocal no claim on either side under the Contract other than asmentioned in item 4 of Annexure XIV, the parties shall execute the Final SupplementaryAgreement as per Annexure XIV.

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• 49. Approval only by Maintenance Certificate: No certificate other than MaintenanceCertificate, if applicable, referred to in Clause 50 of the Conditions shall be deemed toconstitute approval of any work or other matter in respect of which it is issued or shall betaken as an admission of the due performance of the contract or any part thereof.

• 50.(1)Maintenance Certificate: The Contract shall not be considered as completed until aMaintenance Certificate, if applicable, shall have been signed by the Engineer stating that theworks have been completed and maintained to his satisfaction. The Maintenance Certificateshall be given by the Engineer upon the expiration of the period of maintenance or as soonthereafter as any works ordered during such period pursuant to Sub Clause (2) to Clause 48 ofthese Conditions shall have been completed to the satisfaction of the Engineer, and full effectshall be given to this Clause notwithstanding the taking possession of or using the works orany part thereof by the Railway. The Competent Authority to issue above MaintenanceCertificate shall normally be the authority who is competent to sign the contract. If thisCompetent Authority is of the rank lower than JA Grade, then a JA Grade Officer (concernedwith the work) should issue the Certificate. The Certificate, inter alia, should mention that thework has been completed in all respects and that all the contractual obligations have beenfulfilled by the Contractor and that there is no due from the Contractor to Railways against thecontract concerned 50.(2)Cessation of Railway's Liability: The Railway shall not be liable to theContractor for any matter arising out of or in connection with the contract for execution of theworks unless the Contractor has made a claim in writing in respect thereof before the issue ofthe Maintenance Certificate under this clause. 50.(3)Unfulfilled Obligations: Notwithstandingthe issue of the Maintenance Certificate the Contractor and (subject to Sub- Clause (2) of thisClause) the Railway shall remain liable for the fulfillment of any obligation incurred under theprovision of the contract prior to the issue of the Maintenance Certificate which remainsunperformed at the time such Certificate is issued and for the purposes of determining thenature and extent of any such obligations, the contract shall be deemed to remain in forcebetween the parties thereto.

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• 51.(1)Final Payment: On the Engineer's certificate of completion in respect of the works,adjustment shall be made and the balance of account based on the Engineer or theEngineer's representative's certified measurements or Engineer's certified "contractor'sauthorized engineer's measurements" of the total quantity of work executed by theContractor upto the date of completion and on the rates accepted in Bill(s) of Quantities andfor extra works on rates determined under Clause 39 of these Conditions shall be paid to theContractor subject always to any deduction which may be made under these presents andfurther subject to the Contractor having signed delivered to the Engineer enclosing either afull account in detail of all claims he may have on the Railway in respect of the works orhaving delivered No Claim Certificate and the Engineer having after the receipt of suchaccount given a certificate in writing that such claims are not covered under excepted matteri.e. Clauses 7(j), 8, 18, 22(5), 39.1, 39.2, 40A, 43(2), 45(i)(a), 55, 55-A(5), 57, 57A, 61(1),61(2) and 62(1), 63(iv) and 63.2.11 of the Standard General Conditions of Contract or in anyClause (stated as excepted matter) of the Special Conditions of the Contract, that the whole ofthe works to be done under the provisions of the Contracts have been completed, that theyhave been inspected by him since their completion and found to be in good and substantialorder, that all properties, works and things, removed, disturbed or injured in consequence ofthe works have been properly replaced and made good and all expenses and demandsincurred by or made upon the Railway for or in the respect of damage or loss by from or inconsequence of the works, have been satisfied agreeably and in conformity with the contract.51.(2) Post Payment Audit: It is an agreed term of contract that the Railway reserves to itselfthe right to carry out a post-payment audit and/ or technical examination of the works and theFinal Bill including all supporting vouchers, abstracts etc. and to make a claim on theContractor for the refund of any excess amount paid to him till the release of security depositor settlement of claims, whichever is later, if as a result of such examination any overpayment to him is discovered to have been made in respect of any works done or alleged tohave been done by him under the contract.

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• 51-A.Production of Vouchers etc. by the Contractor:(i)For a contract of more than one crore ofrupees, the Contractor shall, whenever required, produce or cause to be produced forexamination by the Engineer any quotation, invoice, cost or other account, book of accounts,voucher, receipt, letter, memorandum, paper of writing or any copy of or extract from anysuch document and also furnish information and returns verified in such manner as may berequired in any way relating to the execution of this contract or relevant for verifying orascertaining cost of execution of this contract (the decision of the Engineer on the question ofrelevancy of any documents, information or return being final and binding in the parties). TheContractor shall similarly produce vouchers etc., if required to prove to the Engineer, thatmaterials supplied by him, are in accordance with the specifications laid down in the contract.

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• (ii)If any portion of the work in a contract of value more than one crore of rupees be carriedout by a sub- contractor or any subsidiary or allied firm or company (as per Clause 7 of theStandard General Conditions of Contract), the Engineer shall have power to secure the booksof such sub-contract or any subsidiary or allied firm or company, through the Contractor, andsuch books shall be open to his inspection.

• (iii)The obligations imposed by Sub Clause (i) & (ii) above is without prejudice to theobligations of the Contractor under any statute rules or orders binding on the Contractor. 52. Withholding and Lien in Respect of Sums Claimed: Whenever any claim or claims forpayment of a sum of money arises out of or under the contract against the Contractor, theRailway shall be entitled to withhold and also have a lien to retain such sum or sums in wholeor in part from the security, if any, deposited by the Contractor and for the purpose aforesaid,the Railway shall be entitled to withhold the said cash Security Deposit or the Security if any,furnished as the case may be and also have a lien over the same pending finalization oradjudication of any such claim. In the event of the security being insufficient to cover theclaimed amount or amounts or if no security has been taken from the Contractor, the Railwayshall be entitled to withhold and have a lien to the extent of the such claimed amount oramounts referred to supra, from any sum or sums found payable or which at any timethereafter may become payable to the Contractor under the same contract or any othercontract with this or any other Railway or any Department of the Central Government pendingfinalization or adjudication of any such claim. It is an agreed term of the contract that the sumof money or moneys so withheld or retained under the lien referred to above, by the Railwaywill be kept withheld or retained as such by the Railways till the claim arising out of or underthe contract is determined by the arbitrator (if the contract governed by the ArbitrationClause) or by the competent court as the case may be and that the Contractor will have noclaim for interest or damages whatsoever on any account in respect of such withholding orretention under the lien referred to supra and duly notified as such to the Contractor. For thepurpose of this clause, where the Contractor is a partnership firm or a company, the Railwayshall be entitled to withhold and also have a lien to retain towards such claimed amount oramounts in whole or in part from any sum found payable to any partner / company, as thecase may be whether in his individual capacity or otherwise

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• 52-A Lien in Respect of Claims in other Contracts:(i)Any sum of money due and payable to theContractor (including the Security Deposit returnable to him) under the contract may bewithheld or retained by way of lien by the Railway, against any claim of this or any otherRailway or any other Department of the Central Government in respect of payment of a sumof money arising out of or under any other contract made by the Contractor with this or anyother Department of the Central Government.

• (ii)However, recovery of claims of Railway in regard to terminated contracts may be madefrom the Final Bill, Security Deposits and Performance Guarantees of other contract orcontracts, executed by the Contractor. The Performance Guarantees submitted by theContractor against other contracts, if required, may be withheld and encashed. In addition,10% of each subsequent 'on-account bill' may be withheld, if required, for recovery ofRailway's dues against the terminated contract.

• (iii)It is an agreed term of the contract that the sum of money so withheld or retained underthis Clause by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under any other contract is either mutually settled or determined byarbitration, if the other contract is governed by Arbitration Clause or by the competent courtas the case may be and Contractor shall have no claim for interest or damages whatsoever onthis account or on any other ground in respect of any sum of money withheld or retainedunder this Clause and duly notified as such to the Contractor.

• 53. Signature on Receipts for Amounts: Every receipt for money which may become payableor for any security which may become transferable to the Contractors under these presents,shall, if signed in the partnership name by anyone of the partners of a Contractor's firm be agood and sufficient discharge to the Railway in respect of the moneys or security purported tobe acknowledged thereby and in the event of death of any of the Contractor, partners duringthe pendency of the contract, it is hereby expressly agreed that every receipt by anyone ofthe surviving Contractor partners shall if so signed as aforesaid be good and sufficientdischarge as aforesaid provided that nothing in this Clause contained shall be deemed toprejudice or effect any claim which the Railway may hereafter have against the legalrepresentative of any Contractor partner so dying for or in respect to any breach of any of theconditions of the contract, provided also that nothing in this clause contained shall be deemedto prejudice or effect the respective rights or obligations of the Contractor partners and of thelegal representatives of any deceased Contractor partners interse.

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• LABOUR:54. Wages to Labour: The Contractor shall be responsible to ensure compliance withthe provision of the Minimum Wages Act, 1948 (hereinafter referred to as the "said Act") andthe Rules made thereunder in respect of any employees directly or through petty Contractorsor sub-contractors employed by him for the purpose of carrying out this contract. If, incompliance with the terms of the contract, the Contractor supplied any labour to be usedwholly or partly under the direct orders and control of the Railways whether in connection withany work being executed by the Contractor or otherwise for the purpose of the Railway suchlabour shall, for the purpose of this Clause, still be deemed to be persons employed by theContractor. If any moneys shall, as a result of any claim or application made under the saidAct be directed to be paid by the Railway, such money shall be deemed to be moneys payableto the Railway by the Contractor and on failure by the Contractor to repay the Railway anymoneys paid by it as aforesaid within seven days after the same shall have been demanded,the Railways shall be entitled to recover the same from Contractor's bills/Security Deposit orany other dues of Contractor with the Government of India.

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

• 55. Provisions of Payments of Wages Act: The Contractor shall comply with the provisions ofthe Payment of Wages Act, 1936 and the rules made thereunder in respect of all employeesemployed by him either directly or through petty Contractors or sub-contractors in the works.If in compliance with the terms of the contract, the Contractor directly or through pettyContractors or sub-contractors shall supply any labour to be used wholly or partly under thedirect orders and control of the Engineer whether in connection with the works to be executedhereunder or otherwise for the purpose of the Engineer, such labour shall nevertheless bedeemed to comprise persons employed by the Contractor and any moneys which may beordered to be paid by the Engineer shall be deemed to be moneys payable by the Engineer onbehalf of the Contractor and the Engineer may on failure of the Contractor to repay suchmoney to the Railways deduct the same from any moneys due to the Contractor in terms ofthe contract. The Railway shall be entitled to recover the same from Contractor's bills/SecurityDeposit or any other dues of Contractor with the Government of India all moneys paid orpayable by the Railway by way of compensation of aforesaid or for costs of expenses inconnection with any claim thereto and the decision of the Engineer upon any question arisingout of the effect or force of this Clause shall be final and binding upon the Contractor.

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• 55-A.Provisions of Contract Labour (Regulation and Abolition) Act, 1970:55-A.

  1. TheContractor shall comply with the provision of the contract labour (Regulation and Abolition)Act, 1970 and the Contract labour (Regulation and Abolition) Central Rules 1971 as modifiedfrom time to time, wherever applicable and shall also indemnify the Railway from and againstany claims under the aforesaid Act and the Rules. 55-A.
  2. The Contractor shall obtain a valid license under the aforesaid Act as modified fromtime to time before the commencement of the work and continue to have a valid license untilthe completion of the work. Any failure to fulfill the requirement shall attract the penalprovision of the Act. 55-A.
  3. The Contractor shall pay to the labour employed by him directlyor through sub-contractors the wages as per provision of the aforesaid Act and the Ruleswherever applicable. The Contractor shall notwithstanding the provisions of the contract tothe contrary, cause to be paid the wages to labour, indirectly engaged on the works includingany engaged by sub-contractors in connection with the said work, as if the labour had beenimmediately employed by him. 55-A.
  4. In respect of all labour directly or indirectly employedin the work for performance of the Contractor's part of the contract, the Contractor shallcomply with or cause to be complied with the provisions of the aforesaid Act and Ruleswherever applicable. 55-A.
  5. In every case in which, by virtue of the provisions of theaforesaid Act or the rules, the Railway is obliged to pay any amount of wages to a workmanemployed by the Contractor or his sub-contractor in execution of the work or to incur anyexpenditure on account of the contingent, liability of the Railway due to the Contractor'sfailure to fulfill his statutory obligations under the aforesaid Act or the rules, the Railway willrecover from the Contractor, the amount of wages so paid or the amount of expenditure soincurred and without prejudice to the rights of the Railway under the Section 20, Sub-Section(2) and Section 2, Sub-Section (4) of the aforesaid Act, the Railway shall be at liberty torecover such amount or part thereof from Contractor's bills/Security Deposit or any other duesof Contractor with the Government of India. The Railway shall not be bound to contest anyclaim made against it under Sub-Section (1) of Section 20 and Sub-Section (4) of Section 21 ofthe aforesaid Act except on the written request of the Contractor and upon his giving to theRailway full security for all costs for which the Railway might become liable in contesting suchclaim. The decision of the Chief Engineer regarding the amount actually recoverable from theContractor as stated above shall be final and binding on the Contractor.
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• 55-B.Provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952:TheContractor shall comply with the provisions of Para 30 & 36-B of the Employees ProvidentFund Scheme, 1952; Para 3 & 4 of Employees' Pension Scheme, 1995; and Para 7 & 8 ofEmployees Deposit Linked Insurance Scheme, 1976; as modified from time to time throughenactment of "Employees Provident Fund & Miscellaneous Provisions Act, 1952", whereverapplicable and shall also indemnify the Railway from and against any claims under theaforesaid Act and the Rules.

• 55-C

  1. Contractor is to abide by the provisions of various labour laws in terms of aboveclause 54, 55, 55-A and 55-B of the Standard General Conditions of Contract. In order toensure 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 beavailable in public domain. The registration/ updationin Portal shall be done as under:
     1. Contractor shall apply for onetime registration of his company/firm etc. in theShramikkalyan 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 ofsuch request.
     2. Contractor once approved by any Engineer, can create password with loginID (PAN No.) for subsequent use of portal for all Letter of Acceptances (LoAs) issued in hisfavour.
     3. The contractor once registered on the portal, shall provide details of his Letter ofAcceptances (LoAs) / Contract Agreements on shramikkalyan portal within 15 days of issue ofany LoA for approval of concerned Engineer. Engineer shall update (if required) and approvethe details of LoA filled by contractor within 7 days of receipt of such request.
     4. Afterapproval of LoA by Engineer, contractor shall fill the salient details of contract laboursengaged in the contract and ensure updating of each wage payment to them onshramikkalyan portal on monthly basis.
     5. It shall be mandatory upon the contractor to ensurecorrect and prompt uploading of all salient details of engaged contractual labour & paymentsmade thereof after each wage period.
  2. While processing payment of any 'On Account Bill' or'Final Bill' or release of 'Advances' or 'Performance Guarantee / Security Deposit', contractorshall submit a certificate to the Engineer or Engineer's representatives that "I have uploadedthe correct details of contract labours engaged in connection with this contract and paymentsmade to them during the wage period in Railway's Shramikkalyan portal at'www.shramikkalyan.indianrailways.gov.in' till ____Month, ____Year."
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• 55-D. Provisions of "The Building and Other Construction Workers (Regulation of Employmentand Conditions of Service) Act, 1996" and "The Building and Other Construction Workers'Welfare Cess Act, 1996": The tenderers, for carrying out any construction work, shall getthemselves registered with the Registering Officer under Section-7 of the Building and OtherConstruction Workers Act, 1996 and Rules made thereto by the concerned State Govt., andsubmit Certificate of Registration issued by Registering Officer of the concerned State Govt.(Labour Dept.). The Cess shall be deducted from contractor's bills as per provisions of the Act.

• 56. Reporting of Accidents: The Contractor shall be responsible for the safety of all employees directly or through petty Contractors or sub-contractor employed by him on the works and shall report serious accidents to any of them however and wherever occurring on the works to the Engineer or the Engineers Representative and shall make every arrangement to render allpossible assistance.

• 57. Provision of Workmen's Compensation Act: In every case in which by virtue of theprovisions of Section 12 Sub-Section (1) of the Workmen's Compensation Act 1923, Railway isobliged to pay compensation to a workman directly or through petty Contractor or subcontractor employed by the Contractor in executing the work, Railway will recover from theContractor the amount of the compensation so paid, and, without prejudice to the rights ofRailway under Section 12 Sub-section (2) of the said Act, Railway shall be at liberty to recoversuch amount or any part thereof from Contractor's bills/Security Deposit or any other dues ofContractor with the Government of India. Railway shall not be bound to contest any claimmade against it under Section 12 Sub-Section (1) of the said Act except on the written requestof the Contractor and upon his giving to Railway full security for all costs for which Railwaymight become liable in consequence of contesting such claim.

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• 57-A.Provision of Mines Act: The Contractor shall observe and perform all the provisions of theMines Act, 1952 or any statutory modifications or re-enactment thereof for the time being inforce and any rules and regulations made thereunder in respect of all the persons directly orthrough the petty Contractors or sub- contractors employed by him under this contract andshall indemnify the Railway from and against any claims under the Mines Act, or the rules andregulations framed thereunder, by or on behalf of any persons employed by him or otherwise.

• 58. Railway not to Provide Quarters for Contractors: No quarters shall normally be provided bythe Railway for the accommodation of the Contractor or any of his staff employed on thework. In exceptional cases where accommodation is provided to the Contractor at theRailway's discretion, recoveries shall be made at such rates as may be fixed by the Railwayfor the full rent of the buildings and equipments therein as well as charges for electric current,water supply and conservancy.

• 59.(1) Labour Camps: The Contractor shall at his own expense make adequate arrangementsfor the housing, supply of drinking water and provision of latrines and urinals for his staff andworkmen, directly or through the petty Contractors or sub-contractors and for temporarycreche (Bal-Mandir) where 50 or more women are employed at a time. Suitable sites onRailway land, if available, may be allotted to the Contractor for the erection of labour camps,either free of charge or on such terms and conditions that may be prescribed by the Railway.All camp sites shall be maintained in clean and sanitary conditions by the Contractor at hisown cost. 59.(2)Compliance to Rules for Employment of Labour: The Contractor(s) shallconform to all laws, bye-laws rules and regulations for the time being in force pertaining to theemployment of local or imported labour and shall take all necessary precautions to ensureand preserve the health and safety of all staff employed directly or through petty contractorsor sub-contractors on the works. 59.(3)Preservation of Peace: The Contractor shall takerequisite precautions and use his best endeavours to

  1. Prevent any riotous or unlawfulbehaviour by or amongst his workmen and other employed directly or through the pettyContractors or sub-contractors on the works and for the preservation of peace and protectionof the inhabitants and
  2. Security of property in the neighbourhood of the works. In the eventof the Railway requiring the maintenance of a Special Police Force at or in the vicinity of thesite during the tenure of works, the expenses thereof shall be borne by the Contractor and ifpaid by the Railway shall be recoverable from the Contractor. 59.(4)Sanitary Arrangements:The Contractor shall obey all sanitary rules and carry out all sanitary measures that may fromtime to time be prescribed by the Railway Medical Authority and permit inspection of allsanitary arrangements at all times by the Engineer, the Engineer's Representative or theMedical Staff of the Railway. Should the Contractor fail to make the adequate sanitaryarrangements, these will be provided by the Railway and the cost thereof recovered from theContractor.
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• 59.(5) Outbreak of Infectious Disease: The Contractor shall remove from his camp such labourand their families as refuse protective inoculation and vaccination when called upon to do soby the Engineer or the Engineer's Representative on the advice of the Railway MedicalAuthority. Should cholera, plague, or other infectious disease break out, the Contractor shallburn the huts, beddings, clothes and other belongings of or used by the infected parties andpromptly erect new huts on healthy sites as required by the Engineer, failing which within thetime specified in the Engineer's requisition, the work may be done by the Railway and the costthereof recovered from the Contractor. 59.(6) Treatment of Contractor's Staff in RailwayHospitals: The Contractor and his staff, other than labourers and their families requiringmedical aid from the railway hospital and dispensaries will be treated as private patients andcharged accordingly. The Contractors' labourers and their Families will be granted freetreatment in railway hospitals and dispensaries where no other hospitals or dispensaries areavailable provided the Contractor pays the cost of medicines, dressing and diet moneyaccording to the normal scale and additional charges for special examinations such aspathological and bacteriological examination, X-Ray, etc. and for surgical operation. 59. (7)Medical Facilities at Site: The Contractor shall provide medical facilities at the site as may beprescribed by the Engineer on the advice of the Railway Medical Authority in relation to thestrength of the Contractor's resident staff and workmen. 59. (8) Use of Intoxicants: The sale ofardent spirits or other intoxicating beverages upon the work or in any of the buildings,encampments or tenements owned, occupied by or within the control of the Contractor or anyof his employees shall be forbidden and the Contractor shall exercise his influence andauthority to the utmost extent to secure strict compliance with this condition. 59. (9)Restrictions on the Employment of Retired Engineers of Railway Services Within One Year oftheir Retirement: The Contractor shall not, if he is a retired Government Engineer of Gazettedrank, himself engage in or employ or associate a retired Government Engineer of Gazettedrank, who has not completed one year from the date of retirement, in connection with thiscontract in any manner whatsoever without obtaining prior permission of the President and ifthe Contractor is found to have contravened this provision it will constitute a breach ofcontract and administration will be entitled to terminate the contract and forfeit hisPerformance Guarantee as well as Security Deposit.

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• 60.(1) Non-Employment of Labourers below the age of 15: The Contractor shall not employchildren below the age of 15 as labourers directly or through petty Contractors or subcontractors for the execution of work.@ 10<46@(2) Medical Certificate of Fitness for Labour: Itis agreed that the Contractor shall not employ a person above 15 and below 19 years of agefor the purpose of execution of work under the contract unless a medical certificate of fitnessin the prescribed form (Proforma at Annexure-VIII) granted to him by a certifying surgeoncertifying that he is fit to work as an adult, is obtained and kept in the custody of theContractor or a person nominated by him in this behalf and the person carries with him, whileat work; a token giving a reference to such certificate. It is further agreed that theresponsibility for having the adolescent examined medically at the time of appointment orperiodically till he attains the age of 19 years shall devolve entirely on the Contractor and allthe expenses to be incurred on this account shall be borne by him and no fee shall becharged from the adolescent or his parent for such medical examination.@ 10<46@(3)Periodof Validity of Medical Fitness Certificate: A certificate of fitness granted or renewed for theabove said purposes shall be valid only for a period of one year at a time. The certifyingsurgeon shall revoke a certificate granted or renewed if in his opinion the holder of it, is nolonger fit for work in the capacity stated therein. Where a certifying surgeon refuses to grantor renew a certificate or revoke a certificate, he shall, if so required by the person concerned,state his reasons in writing for doing so.@ 10<46@(4)Medical Re-Examination of Labourer:Where any official appointed in this behalf by the Ministry of Labour is of the opinion that anyperson employed in connection with the execution of any work under this contract in the agegroup 15 to 19 years is without a certificate of fitness or is having a certificate of fitness butno longer fit to work in the capacity stated in the certificate, he may serve on the Contractor,or on the person nominated by him in this regard, a notice requiring that such persons shallbe examined by a certifying surgeon and such person shall not if the concerned official sodirects, be employed or permitted to do any work under this contract unless he has beenmedically examined and certified that he is fit to work in the capacity stated in the certificate.EXPLANATIONS:

  1. Only Qualified Medical Practitioners can be appointed as "CertifyingSurgeons" and the term "Qualified Medical Practitioners" means a person holding aqualification granted by an authority specified in the Schedule to the Indian Medical DegreesAct, 1916 (VII to 1916) or in the Schedule to the Indian Medical Council Act, 1933 (XXVII) of1933.
  2. The Certifying surgeon may be a medical officer in the service of State or MunicipalCorporation.
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• DETERMINATION OF CONTRACT:61.(1) Right of Railway to Determine the Contract: TheRailway shall be entitled to determine and terminate the contract at any time should, in theRailway's opinion, the cessation of work becomes necessary owing to paucity of funds or fromany other cause whatever, in which case the value of approved materials at site and of workdone to date by the Contractor will be paid for in full at the rate specified in the contract.Notice in writing from the Railway of such determination and the reasons therefor shall beconclusive evidence thereof. 61.(2)Payment on Determination of Contract: Should thecontract be determined under sub clause (1) of this clause and the Contractor claims paymentfor expenditure incurred by him in the expectation of completing the whole of the work, theRailways shall admit and consider such claims as are deemed reasonable and are supportedby vouchers to the satisfaction of the Engineer. The Railway's decision on the necessity andpropriety of such expenditure shall be final and conclusive. 61.(3)The Contractor shall have noclaim to any payment of compensation or otherwise, howsoever on account of any profit oradvantage which he might have derived from the execution of the work in full but which hedid not derive in consequence of determination of contract.

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• 62.(1) Determination of Contract owing to Default of Contractor: If the Contractor should:

  1. Becomes bankrupt or insolvent, or
  2. Make an arrangement for assignment in favour of hiscreditors, or agree to carry out the contract under a Committee of Inspection of his creditors,or
  3. Being a Company or Corporation, go into liquidation (other than a voluntary liquidationfor the purposes of amalgamation or reconstruction), or
  4. Have an execution levied on hisgoods or property on the works, or
  5. Assign the contract or any part thereof otherwise thanas provided in Clause 7 of these Conditions, or
  6. Abandon the contract, or
  7. Persistentlydisregard the instructions of the Engineer, or contravene any provision of the contract, or
  8. Fail to adhere to the agreed programme of work by a margin of 10% of the stipulatedperiod, or
  9. Fail to Execute the contract documents in terms of Para 8 of the Instructions toTenderers.
  10. Fail to submit the documents pertaining to identity of JV and PAN in terms ofPara 17.11 of Tender Form (Second Sheet) of Annexure I available in the Instructions toTenderers.
  11. Fail to remove materials from the site or to pull down and replace work afterreceiving from the Engineer notice to the effect that the said materials or works have beencondemned or rejected under Clause 25 and 27 of these Conditions, or
  12. Fail to take stepsto employ competent or additional staff and labour as required under Clause 26 of theseConditions, or
  13. Fail to afford the Engineer or Engineer's representative proper facilities forinspecting the works or any part thereof as required under Clause 28 of these Conditions, or
  14. Promise, offer or give any bribe, commission, gift or advantage either himself or throughhis partner, agent or servant to any officer or employee of the Railway or to any person on hisor on their behalf in relation to the execution of this or any other contract with this Railway.
  15. Fail to adhere to the provisions of Para 16 of Tender Form (Second Sheet) of Annexure I ofthe Instructions to Tenderers, or provision Clause 59(9) of these Conditions.
  16. Submits copyof fake documents / certificates in support of credentials, submitted by the tenderer Then andin any of the said Clause, the Engineer on behalf of the Railway may serve the Contractor witha notice (Proforma at Annexure-IX) in writing to that effect and if the Contractor does notwithin seven days after the delivery to him of such notice proceed to make good his default inso far as the same is capable of being made good and carry on the work or comply with suchdirections as aforesaid of the entire satisfaction of the Engineer, the Railway shall be entitledafter giving 48 hours' notice (Proforma at Annexure-X or XII, as the case may be) in writingunder the hand of the Engineer to rescind the contract as a whole or in part or parts (as maybe specified in such notice) and after expiry of 48 hours' notice, a final termination notice(Proforma at Annexure-XI or XIII, as the case may be) should be issued. Note: Engineer at hisdiscretion may resort to the part termination of contract with notices (Proforma at AnnexureIX, XII and XIII), only in cases where progress of work is more than or equal to 80% of theoriginal scope of work.
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• 62.(2) Right of Railway after Rescission of Contract owing to Default of Contractor: In theevent of any or several of the courses, referred to in Sub-Clause (1) of this Clause, beingadopted:

• (a) The Contractor shall have no claim to compensation for any loss sustained by him byreason of his having purchased or procured any materials or entered into any commitments ormade any advances on account of or with a view to the execution of the works or theperformance of the contract and Contractor shall not be entitled to recover or be paid anysum for any work thereto for actually performed under the contract unless and until theEngineer shall have certified the performance of such work and the value payable in respectthereof and the Contractor shall only be entitled to be paid the value so certified.

• (b) In the contract which has been rescinded as a whole, the Security Deposit already withrailways under the contract shall be encashed/ forfeited and the Performance Guaranteealready submitted for the contract shall be encashed. The balance work shall be got doneindependently without risk & cost of the failed Contractor. The failed Contractor shall bedebarred from participating in the tender for executing the balance work. If the failedContractor is a JV or a Partnership firm, then every member/partner of such a firm shall bedebarred from participating in the tender for the balance work in his/her individual capacity oras a partner of any other JV /partnership firm. Further the authorized representative of failedContractor cannot be accepted as authorized representative in new contract.

• (c) In the contract rescinded in part or parts,

  1. The full Performance Guarantee available forthe contract shall be recovered. No additional Performance Guarantee shall be required forbalance of work being executed through the part terminated contract. The contract value ofpart terminated contract stands reduced to the balance value of work under the contract.
  2. The Security Deposit of part terminated contract shall be dealt as per clause 16(2) of theseConditions.
  3. The defaulting Contractor shall not be issued any completion certificate for thecontract.
  4. The balance work shall be got done independently without risk & cost of thefailed Contractor. The failed Contractor shall be debarred from participating in the tender forexecuting the balance work. If the failed Contractor is a JV or a Partnership firm, then everymember/partner of such a firm shall be debarred from participating in the tender for thebalance work in his/her individual capacity or as a partner of any other JV /partnership firm.
  5. Further the authorized representative of failed Contractor will not be accepted as authorizedrepresentative in new contract
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• (d) The Engineer or the Engineer's Representative shall be entitled to take possession of anymaterials, tools, implements, machinery and buildings on the works or on the property onwhich these are being or ought to have been executed, and to retain and employ the same inthe further execution of the works or any part thereof until the completion of the workswithout the Contractor being entitled to any compensation for the use and employmentthereof or for wear and tear or destruction thereof.

• e) The Engineer shall as soon as may be practicable after removal of the Contractor fix anddetermine ex- parte or by or after reference to the parties or after such investigation orenquiries as he may consider fit to make or institute and shall certify what amount (if any)had at the time of rescission of the contract been reasonably earned by or would reasonablyaccrue to the Contractor in respect of the work then actually done by him under the contractand what was the value of any unused, or partially used materials, any constructional plantand any temporary works upon the site. The legitimate amount due to the Contractor aftermaking necessary deductions and certified by the Engineer should be released expeditiously.

• SETTLEMENT OF DISPUTES - INDIAN RAILWAY ARBITRATION AND CONCILIATION RULES:

• 63. Conciliation of Disputes:

  1. This clause is applicable in the tender having advertised valueless than or equal to Rs 50 Crore.
  2. All disputes and differences of any kind whatsoeverarising out of or in connection with the contract, whether during the progress of the work orafter its completion and whether before or after the determination of the contract, shall bereferred by the Contractor to the "Chief Engineer" or "Divisional Railway Manager" through"Notice of Dispute" provided that no such notice shall be served later than 30 days after thedate of issue of Completion Certificate by the Engineer. Chief Engineer or Divisional RailwayManager shall, within 30 days after receipt of the Contractor's "Notice of Dispute", notify thename of conciliator(s) to the Contractor.
  3. The Conciliator(s) shall assist the parties to reachan amicable settlement in an independent and impartial manner within the terms of contract.
  4. If the parties reach agreement on a settlement of the dispute, they shall draw up and signa written settlement agreement duly signed by Engineer In-charge, Contractor andconciliator(s). When the parties sign the settlement agreement, it shall be final and binding onthe parties.
  5. The parties shall not initiate, during the conciliation proceedings, any arbitral orjudicial proceedings in respect of a dispute that is the subject matter of the conciliationproceedings.
  6. The conciliation proceedings shall be terminated as per Section 76 of 'TheArbitration and Conciliation Act, 1996.
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• 63.2 Dispute Adjudication Board (DAB): This clause is applicable in the tender havingadvertised value more than Rs 50 Crore. 63.2.1 Any dispute/s if not settled with the Engineer,shall be referred to DAB. The DAB shall consist of a panel of three Retired Railway Officers,retired not below senior administrative grade (SAG). The DAB shall be formed within 90 daysof signing of Contract Agreement. For this purpose, a panel of DAB members shall bemaintained in the General Manager's office. The complete panel, which shall not be less thanfive members, shall be sent by Chief Engineer to the Contractor to nominate one member ofthe DAB from the panel as Contractor's nominee within two weeks of receipt of the panel. Onreceipt of Contractor's nominee, the Chief Engineer shall nominate one member from thesame panel as Railway nominee for the DAB. Both above nominees shall jointly selectpresiding member of the DAB from the same panel. 63.2.2 The appointment of DAB shall beeffectuated by way of a tri-partite agreement among the Railway, Contractor and therespective DAB members. The terms of the remuneration of each member shall be as fixed byMinistry of Railways from time to time. Each party shall be responsible for paying one-half ofthis remuneration. 63.2.3 If one or more of the members appointed refuses to act as DAB member, or is unableor unwilling to perform his functions as DAB member for any reason whatsoever or dies or inthe opinion of the Chief Engineer fails to act without undue delay, the parties shall terminatethe mandate of such DAB member and thereupon new DAB member shall be appointed in thesame manner, as the outgoing DAB member had been appointed. 63.2.4 The appointment ofany member may be terminated by mutual agreement of both Parties, but not by the Railwayor the Contractor acting alone. Unless otherwise agreed by both the Parties, the appointmentof the DAB (including each member) shall expire upon expiry of this Contract Agreement.63.2.5 Before start of DAB proceedings, each DAB member shall give the following certificateto the Railway and the Contractor: "I have no any past or present relationship in relation tothe subject matter in dispute, whether financial, business, professional or other kind. Further,I have no any past or present relationship with or interest in any of the parties whetherfinancial, business, professional or other kind, which is likely to give rise to justifiable doubtsas to my independence or impartiality." 63.2.6 DAB proceedings shall be conducted asdecided by the DAB. The DAB shall give its decision within 90 days of a Dispute referred to itby any of the Parties, duly recording the reasons before arriving at the decision. The DAB shalldecide the issue within terms and conditions of the contract. This time limit shall beextendable subject to the Parties mutual agreement.

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• 63.2.7 The DAB decision shall not be binding on both the Parties. In case any party is notsatisfied by the decision of DAB, then the aggrieved party may approach Arbitral Tribunal forarbitration proceedings. 63.2.8 No dispute shall be referred to Arbitral Tribunal unless thesame has been referred to DAB for adjudication. However, in case DAB is not formed due toany reason, the disputes can be directly referred to Arbitral Tribunal to adjudicate the dispute.63.2.9 In the specific cases of any misconduct by any of the members of the DAB, the partiesshall have the right to specifically bring it to the notice of the DAB such conduct, through astatement filed with necessary documents in proof of such misconduct and the DAB, aftertaking NOTICE of such conduct initiate the replacement of the member concerned, in thesame manner the member to be replaced was appointed. 63.2.10 Once the decision is givenby DAB, DAB cannot review the decision at its own or on the request of one party, unless bothparties agree for review of decision by DAB. 63.2.11 In case DAB decision is not challenged byeither party within 180 days of receipt of decision of DAB, the decision shall be considered asfinal and parties would be barred for referring the same to Arbitral Tribunal for adjudication.63.2.12 The obligation of the Railway and the Contactor shall not be altered by reasons ofissue being or under reference to DAB. 63.2.13 The DAB shall conduct the proceedings at anyconvenient venue which shall be decided by DAB in consultations with parties. 63.2.14 It is aterm of this contract that the Parties shall not approach any Court of Law for settlement ofsuch disputes or differences unless an attempt has first been made by the parties to settlesuch disputes or differences through DAB and Arbitral Tribunal.

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• 64.(1) : Demand for Arbitration:

• 64.(1)(i): In the event of any dispute or difference between the parties hereto as to theconstruction or operation of this contract, or the respective rights and liabilities of the partieson any matter in question, dispute or difference on any account or as to the withholding bythe Railway of any certificate to which the Contractor may claim to be entitled to, or if theRailway fails to make a decision within 120 days, then and in any such case, but except in anyof the "excepted matters" referred to in Clause 63.1 of these Conditions, the Contractor, after120 days but within 180 days of his presenting his final claim on disputed matters shalldemand in writing that the dispute or difference be referred to arbitration.

• 64.(1)

  2. The demand for arbitration shall specify the matters which are in question, orsubject of the dispute or difference as also the amount of claim item-wise. Only such disputeor difference, in respect of which the demand has been made, together with counter claims orset off, given by the Railway, shall be referred to arbitration and other matters shall not beincluded in the reference. 64.(1)(ii)(b): The parties may waive off the applicability of SubSection 12(5) of Arbitration and Conciliation (Amendment) Act 2015, if they agree for suchwaiver in writing, after dispute having arisen between them, in the format given underAnnexure XV of these conditions. 64.(1)
  3. The Arbitration proceedings shall be assumedto have commenced from the day, a written and valid demand for arbitration is received bythe Railway. 64.(1)(iii)
     2. The claimant shall submit his claims stating the facts supporting theclaims alongwith all the relevant documents and the relief or remedy sought against eachclaim within a period of 30 days from the date of appointment of the Arbitral Tribunal. 64.(1)(iii)
     3. The Railway shall submit its defence statement and counter claim(s), if any, within aperiod of 60 days of receipt of copy of claims from Tribunal, unless otherwise extension hasbeen granted by Tribunal. 64.(1)(iii)
     4. Place of Arbitration: The place of arbitration would bewithin the geographical limits of the Division of the Railway where the cause of action arose orthe Headquarters of the concerned Railway or any other place with the written consent ofboth the parties. 64. (1)
  4. No new claim shall be added during proceedings by either party.However, a party may amend or supplement the original claim or defense thereof during thecourse of arbitration proceedings subject to acceptance by Tribunal having due regard to thedelay in making it. 64.(1)
  5. If the Contractor(s) does/do not prefer his/their specific and finalclaims in writing, within a period of 90 days of receiving the intimation from the Railways thatthe final bill is ready for payment, he/they will be deemed to have waived his/their claim(s)and the Railway shall be discharged and released of all liabilities under the contract in respectof these claims.
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• 64.(2): Obligation During Pendency of Arbitration: Work under the contract shall, unlessotherwise directed by the Engineer, continue during the arbitration proceedings, and nopayment due or payable by the Railway shall be withheld on account of such proceedings,provided, however, it shall be open for Arbitral Tribunal to consider and decide whether or notsuch work should continue during arbitration proceedings.

• 64.

  3. Appointment of Arbitrator: 64.(3)(a) : Appointment of Arbitrator where applicability ofsection 12 (5) of Arbitration and Conciliation Act has been waived off:64.(3)(a)
     1. In caseswhere the total value of all claims in question added together does not exceed 1,00,00,000/(Rupees One Crore), the Arbitral Tribunal shall consist of a Sole Arbitrator who shall be aGazetted Officer of Railway not below Junior Administrative Grade, nominated by the GeneralManager. The sole arbitrator shall be appointed within 60 days from the day when a writtenand valid demand for arbitration is received by General Manager. 64.(3)(a)
     2. In cases notcovered by the Clause 64(3)(a)(i), the Arbitral Tribunal shall consist of a panel of threeGazetted Railway Officers not below Junior Administrative Grade or 2 Railway GazettedOfficers not below Junior Administrative Grade and a retired Railway Officer, retired not belowthe rank of Senior Administrative Grade Officer, as the arbitrators. For this purpose, theRailway will send a panel of at least four
  4. names of Gazetted Railway Officers of one ormore departments of the Railway which may also include the name(s) of retired RailwayOfficer(s) empanelled to work as Railway Arbitrator to the Contractor within 60 days from theday when a written and valid demand for arbitration is received by the General Manager.Contractor will be asked to suggest to General Manager at least 2 names out of the panel forappointment as Contractor's nominee within 30 days from the date of dispatch of the requestby Railway. The General Manager shall appoint at least one out of them as the Contractor'snominee and will, also simultaneously appoint the balance number of arbitrators either fromthe panel or from outside the panel, duly indicating the 'presiding arbitrator' from amongst the3 arbitrators so appointed. General Manager shall complete this exercise of appointing theArbitral Tribunal within 30 days from the receipt of the names of Contractor's nominees. Whilenominating the arbitrators, it will be necessary to ensure that one of them is from theAccounts Department. An officer of Selection Grade of the Accounts Department shall beconsidered of equal status to the officers in Senior Administrative Grade of other departmentsof the Railway for the purpose of appointment of arbitrator. 64.3.
     1. iii: The serving railwayofficer working in arbitral tribunal in the ongoing arbitration cases as per clause 64.(3)(a)(i)and clause 64.(3)(a)(ii) above, can continue as arbitrator in the tribunal even after hisretirement. 64.(3)
     2. Appointment of Arbitrator where applicability of Section 12 (5) of Arbitration andConciliation Act has not been waived off:(i) In cases where the total value of all claims inquestion added together does not exceed 50,00,000/- (Rupees Fifty Lakh), the ArbitralTribunal shall consist of a Retired Railway Officer, retired not below the rank of SeniorAdministrative Grade Officer, as the arbitrator. For this purpose, the Railway will send a panelof at least four (4) names of retired Railway Officer(s) empanelled to work as RailwayArbitrator duly indicating their retirement dates to the Contractor within 60 days from the daywhen a written and valid demand for arbitration is received by the General Manager.Contractor will be asked to suggest to General Manager at least 2 names out of the panel forappointment as arbitrator within 30 days from the date of dispatch of the request by Railway.The General Manager shall appoint at least one out of them as the arbitrator within 30 daysfrom the receipt of the names of Contractor's nominees.
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• ii) In cases where the total value of all claims in question added together exceed 50,00,000/(Rupees Fifty Lakh), the Arbitral Tribunal shall consist of a Panel of three

  3. retired RailwayOfficer, retired not below the rank of Senior Administrative Grade Officer, as the arbitrators.For this purpose, the Railway will send a panel of at least four
  4. names of retired RailwayOfficer(s) empanelled to work as Railway Arbitrator duly indicating their retirement date to theContractor within 60 days from the day when a written and valid demand for arbitration isreceived by the General Manager. Contractor will be asked to suggest to General Manager atleast 2 names out of the panel for appointment as Contractor's nominee within 30 days fromthe date of dispatch of the request by Railway. The General Manager shall appoint at leastone out of them as the Contractor's nominee and will, also simultaneously appoint the balancenumber of arbitrators either from the panel or from outside the panel, duly indicating the'Presiding Arbitrator' from amongst the 3 arbitrators so appointed. General Manager shallcomplete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt ofthe names of Contractor's nominees. While nominating the arbitrators, it will be necessary toensure that one of them has served in the Accounts Department.
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• 64.(3)(c)

  1. If one or more of the arbitrators appointed as above refuses to act as arbitrator,withdraws from his office as arbitrator, or vacates his/their office/offices or is/are unable orunwilling to perform his functions as arbitrator for any reason whatsoever or dies or in theopinion of the General Manager fails to act without undue delay, the General Manager shallappoint new arbitrator/arbitrators to act in his/their place in the same manner in which theearlier arbitrator/arbitrators had been appointed. Such re-constituted Tribunal may, at itsdiscretion, proceed with the reference from the stage at which it was left by the previousarbitrator (s). 64.(3) (c)
  2. 1. The Arbitral Tribunal shall have power to call for such evidenceby way of affidavits or otherwise as the Arbitral Tribunal shall think proper, and it shall be theduty of the parties hereto to do or cause to be done all such things as may be necessary toenable the Arbitral Tribunal to make the award without any delay. The proceedings shallnormally be conducted on the basis of documents and written statements.
     2. Beforeproceeding into the merits of any dispute, the Arbitral Tribunal shall first decide and pass itsorders over any plea submitted/objections raised by any party, if any, regarding appointmentof Arbitral Tribunal, validity of arbitration agreement, jurisdiction and scope of the Tribunal todeal with the dispute (s) submitted to arbitration, applicability of time 'limitation' to anydispute, any violation of agreed procedure regarding conduct of the arbitral proceedings orplea for interim measures of protection and record its orders in day to day proceedings. Acopy of the proceedings duly signed by all the members of tribunal should be provided to boththe parties. 64.3(c)(iii): (i) Qualification of Arbitrator (s):
        1. Serving Gazetted Railway Officersof not below JA Grade level.
        2. Retired Railway Officers not below SA Grade level, one yearafter his date of retirement.
     3. Age of arbitrator at the time of appointment shall be below 70years. (ii) An arbitrator may be appointed notwithstanding the total number of arbitrationcases in which he has been appointed in the past.
  3. While appointing arbitrator(s) under SubClause 64.(3)(a)(i), 64. (3)
     1. 64.(3)
     2. & 64.(3)(b)(ii) above, due care shall be taken thathe/they is/are not the one/those who had an opportunity to deal with the matters to which thecontract relates or who in the course of his/their duties as Railway servant(s) expressed viewson all or any of the matters under dispute or differences. A certification to this effect as perannexure- XVI shall be taken from Arbitrators also. The proceedings of the Arbitral tribunal orthe award made by such Tribunal will, however, not be invalid merely for the reason that oneor more arbitrator had, in the course of his service, opportunity to deal with the matters towhich the contract relates or who in the course of his/their duties expressed views on all orany of the matters under dispute.
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• 64.(3)(d)

  1. The arbitral award shall state item wise, the sum and reasons upon which it isbased. The analysis and reasons shall be detailed enough so that the award could be inferredtherefrom. 64.(3)(d)
  2. A party may apply for corrections of any computational errors, anytypographical or clerical errors or any other error of similar nature occurring in the award of aTribunal and interpretation of a specific point of award to Tribunal within 60 days of receipt ofthe award. 64.(3)(d)
  3. A party may apply to Tribunal within 60 days of receipt of award tomake an additional award as to claims presented in the arbitral proceedings but omitted fromthe arbitral award.

• 64.(4): In case of the Tribunal, comprising of three members, any ruling on award shall bemade by a majority of members of Tribunal. In the absence of such a majority, the views ofthe Presiding Arbitrator shall prevail. 64.(5): Where the arbitral award is for the payment ofmoney, no interest shall be payable on whole or any part of the money for any period till thedate on which the award is made. 64. (6): The cost of arbitration shall be borne by therespective parties. The cost shall inter-alia include fee of the arbitrator(s), as per the ratesfixed by Railway Board from time to time and the fee shall be borne equally by both theparties, provided parties sign an agreement in the format given at Annexure XV to theseconditions after/ while referring these disputes to Arbitration. Further, the fee payable to thearbitrator(s) would be governed by the instructions issued on the subject by Railway Boardfrom time to time irrespective of the fact whether the arbitrator(s) is/are appointed by theRailway Administration or by the court of law unless specifically directed by Hon'ble courtotherwise on the matter.

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• 64.(7) Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996 and therules thereunder and relevant para of the Standard General Conditions of Contract and anystatutory modifications thereof shall apply to the appointment of arbitrators and arbitrationproceedings under this Clause. 64.(8) In case arbitration award is challenged by a party in theCourt of Law, 75% of award amount, pending adjudication by Court of Law, shall be made byparty to other party. In case payment is to be made by Railway to Contractor, the terms &conditions as incorporated in the Ministry of Railways letter No. 2016/CE(I)/CT/ARB/3(NITIAayog)/Pt. dated 08th Mar,2017 as amended from time to time, shall be followed. In caseContractor has to pay to the Railway, then 75% of the award amount shall be deducted by theRailway from the Contractor's bills, Performance Guarantee/ Security Deposit or any otherdues of Contractor with the Government of India.

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• Indian Railways Standard General Conditions of Contract-April'-2022, with all correction slipsup to date and to carry out the work according to the Special Conditions of Contract andSpecifications of materials and works as laid down by Railway in the annexed SpecialConditions/Specifications, Schedule of Rates with all correction slips up to date shall beapplied to this contract. Unless otherwise mentioned, the Standard General Conditions ofContract- April'-2022 amended up to date will apply to this contract. All forms/annexures(Tender Document) contained in GCC- April'-2022 as amended from time to time will beapplicable on this tender. {Note:- For any of the differences (if any) in above items/contents ofGCC:April- 2022(Excluding 'Unless otherwise mentioned'), the same will be dealt as per CGG2022 amended up to date}.

• Work Site Safety The firm is requested to ensure adequate safety precautions at the work site(s) as per GCC and prevailing guidelines before the commencement of the work. Also, it is requested that proper PPE/safety gear, ducting, barricading/cordoning, safe working arrangements etc. as applicable, shall be ensured.

(k) Standard Schedule of Rates (SSOR) shall mean the schedule of Rates adopted by the Railway, which includes- 1."Unified Standard Schedule of Rates of the Railway (USSOR)" i.e. the Standard Schedule of Rates of the Railway issued under the authority of the Chief Engineer from time to time, updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents; 2."Delhi Schedule Of Rates (DSR)" i.e. the Standard Schedule of Rates published by Director General/ Central Public Works Department, Government of India, New Delhi, as adopted and modified by the Railway under the authority of the Chief Engineer from time to time, updated with correction slips issued up to date of inviting tender or as otherwise specified in the tender documents.

Special Conditions

• The Balance Sheets and all other Financial documents attested/certified by the Chartered Accountant (CA) to substantiate fulfilment of Financial Eligibility Criteria should be with UDIN failing which the offer shall be considered as incomplete and will be summarily rejected without any further reference.

• (Special Condition of Contract for mandatory updating of Labour data on Railway'sshramikkalyan portal by Contractor (Ref:- Railway Board letter no.-2018/CE-I/CT/4, Dated17.10.2018.)

• 1. Contractor is to abide by the provisions of Payment of Wages act &Minimum Wages act interms ofclause 54 and 55 of Indian Railway GeneralCondition of Contract. In order to ensure thesame, anapplication has beendeveloped and hosted onwebsitewww.shramikkalyan.indianraihwars.gov.in'.Contractor shall register his firm/companyetc. and uploadrequisite details oflabour and their payment in this portal. These details shall beavailable inpublicdomain. The Registration' updation of Portal shall be done as under:
     1. Contractor shall apply for onetime registration of his company/firm etc. inthe Shramikkalyanportal with requisite details subsequent toissue of Letter ofacceptance. Engineer shall approvethe contractor's registration within 7 daysof receiptof such request.
     2. Contractor onceapproved by any Engineer, cancreate password with login ID (PANNo.) for subsequent use ofportal for allLOAs issued in his favour.
     3. The contractor once registered onthe portal,shallprovide details of his Letter of Acceptances (LOA)/Contract Agreementson shranikkalyanportalwithin 15 days of issue of any LOA For approval ofconcerned engineer. Engineer shall update(ifrequired) and approve thedetails of LOA filled by contractor within 7 days of receipt of suchrequest.
     4. After approval of LOA by Engineer, contractor shall fill the salient details ofcontractlaboures engagedin the contract and ensure updating of each wagepayment to them onshramikkalyan portal on monthlybasis.
     5. It shall bemandatory upon the contractor to ensurecorrect and promt uploading of allsalientdetails of engaged contractual labour & paymentmade thereof aftereach wage period.
  2. Whileprocessing payment of any 'ON account bill'or'Final bill' or relese of 'Advance ' or 'PerformanceGuarantee/Security deposit' contractor shallsubmit a certificate to the Engineer orEngineer'srepresentative that " I have uploaded thecorrect details of contract laboursengaged inconnection with this contract and payment madeto them during the wage period in Railway'sShramikkalan portal atwww.shramikkalyan.indianrailways.gov.in till _____, month,______ Year."
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• for inclusion of 'Letter of Credit' as Mode of Payment in works Tender or Service tender. (Authority: - Railway Bd. letter no.2018/CE-I/CT/9, 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 based on online requests received from Railway Accounts Units for tenders opened in financial year 2018-19. SBI branches where the respective Railway Accounts Office has its Account (local SBI branch) will be the issuance/reimbursing branch for LC issued under this arrangement. The Bank shall remain same for this tender till completion of contract. The incidental cost @ 0.15% per annum of LC value, towards issue of LC and operation thereof shall be borne by the contractor and shall be recovered from his bills.

• The LC shall be opened initially for duration of 180 to 365 days in consultation with contractor. The LC shall be extended time to time as per the progress of the contract, on the request of the contractor. The value of LC to be opened initially as well as extended thereafter shall be finalised 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 conditions shall inter-alia provide that Railways will issue a Document of Authorisation (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 Authorisation.

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

• On issuance of Document of Authorisation, a copy of Document of Authorisation shall be posted on IREPS for download by the contractor. A digitally signed copy of Document of Authorisation 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 Authorisation available on IREPS and present his claim to his bank (advising Bank) for necessary payments as per LC terms and conditions. The claim shall comprise of copy of Document of Authorisation, Bill of Exchange and Bill.

• The payment against LC shall be subject to verification from Railway's Bank (Local SBI Branch).

• The contractor's bank (advising bank) shall submit the documents to the Railway's Bank (Local SBI Branch).

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

• the amount for which LC has been opened.

• The LC shall be closed after the release of final payment including PVC amount, if any, to the contractor.

• contractor i.e., not through LC.

• Payment Terms:

• For Purely Supply Items:-90% of the value of each Supply Item of Schedule of Works will bePaid after supply of Items and on production of the following documents: -

  1. Receipt ofMaterial at Consignee's depot.
  2. Original inspection certificate / waiver of inspection issued byInspecting Officer.
  3. Manufacturers' inspection certificate that the materials are in accordancewith the specifications of the contract. Invoice in duplicate. A certificate that the materialssupplied are as per the contract and the amount claimed in the invoice is correct as per termsof the contract. (vi)
     1. Store receipt certificate issued by Railway official/Representative as performat as Annexure - R of existing Tender document(Copy enclosed). 5% percent payment forpurely Supply Items against tender schedule of works will be made after successfulcommissioning of the Station.
     2. The balance 5% percent payment for purely Supply Itemsagainst tender schedule of works will be made after Completion of Work, with Final Bill of theContract.
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• For Purely Execution/Installation items - 90% of the value of each Purely Installation Item ofSchedule of Works will be paid after Installation & Testing of the Item. (a)5% percent paymentfor Purely Execution /Installation items against tender schedule of works will be made aftersuccessful commissioning of the station. (b)The balance 5% percent payment for purelyExecution /Installation Items against tender schedule of works will be made after successfulcommissioning of the Station. Note: In case commissioning of station is delayed by more than06 months on Railway Account and the physical work has been completed by the contractor intotality then 5% payment on account of commissioning of the station shall be released to thecontractor. For Supply & Installation items: - 90% percent payment for Supply &installation Items againsttender schedule of works will be made after successful installation & testing and on productionof the documents mentioned above in Para 1. on account bill shall be paid only on productionof certificate by the site Engineer that relevant portion of installation has been completed. (a)5% percent payment for Supply &Installation Items against tender schedule of works will bemade after successful commissioning of the Station. (b)The balance 5%percent payment forsupply & installation items against tender schedule of works will be made after completion ofwork with final bill of the contract.

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• All payments shall be made on the certificate of the Engineer within a reasonable time of thesubmission of the necessary bills by the contractor. Payment shall be made throughcheques/NEFT/RTGS/LC payment in the name of the Contractor.

• Scope of Work "Provision of Warning alarm of failure of track feed charger at balance stations in Samastipur Division."

  2. Proposed Site/Location for Execution of Work: Attached. The work shall be executed in different sections/stations of the Samastipur (SPJ) Division, under the jurisdiction (Section/Stations) of the respective Sectional SSE/Signal (In-Charge): SPJ, SHC, DBG, SMI, BMKI, NKE, and MFP, covering the entire division, as per Railway requirements.. Note: Railway reserves the right to change, alter, add, or delete anysite/location based on operational requirements, feasibility, availability of site, site conditions,or any other reason deemed necessary.
  3. The latest specifications and amendments theretoshall apply to all drawings and specifications.
  4. Technical Specifications, Inspection, Termsand Conditions: The detailed technical specifications, inspection requirements, term, andconditions for execution and supply shall be as per the tender document and applicabletechnical specifications (as applicable). Inspection for each item are specified in the schedule.However, for any safety item requiring Third-Party Inspection (TPI) by RDSO/RITES, shall besupplied with such TPI inspection, irrespective of the inspection agency mentioned in theschedule. (Inspection-Consignee, subject to total item value < 05 Lakh, Non safety criticalitems). TPI (RITES) inspection charge to be borne by contractor. Note: All the materials(schedule items) shall be supplied as per railway requirement. There should be no anycompatibility/suitability issues for supplied materials to the existing/New equipment.
  5. Thework shall be executed and materials supplied as per the instructions of the site engineer.
  6. The quantities/items indicated in the schedule may vary according to Railway or siterequirements. Railway reserves the right to change, alter, add, or delete any item or quantityat any stage of the contract. Railway does not guarantee execution of work under every item orthe quantities specified in the schedule.
  7. The rates quoted by the tenderer shall include thecost of materials and all incidental charges, including transportation, loading, unloading,handling, and any other associated expenses. The quoted rates shall also include all applicabletaxes (including GST), duties, royalties, levies, octroi, and other statutory charges (asapplicable).
  8. Recovery of taxes from bills shall be made as per the extant rules in force.
  9. The contractor shall be responsible for the carriage, safe transportation, loading, unloading,storage, protection, and safe handling of all materials required for the execution of the work.
  10. All relevant standard guidelines and instructions issued by Railway Board,HQ/East CentralRailway regarding contract management, technical aspects/requirements, execution of work,and prevailing Railway practices, E. C. railway practice inforce etc. shall be apply in thiscontract (as applicable).ECR, SPJ Division.
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• Transportation of Materials:-

• All materials specifically supplied by contractor to be supplied to the SSE/Signal or Tele/Store/SPJ or as specified by competent authority.

• Contractor will carry all the materials either Railway supplied or contractor supplied from SSE/Signal or Tele/Store/SPJ or as specified by Competent authority to the site of work at his own cost and arrangement.

• Execution of AMC Not applicable.