Design, supply, erection, testing and commissioning of OHE modification and feeder wire work of 2x25 kv traction system for capacity upgradation of CPR-ARJ section (170 RKM/348 TKM) in Varanasi divis…

• Give details of Engineering organisation, Technical Capabilities, Design and Drawing Capabilities in Form-12A, Sheet-3.

  Document required

• Give details of construction machinery, Tools and plants, Vehicles etc inForm- 12A, Sheet-4.

  Document required

• SCHEDULE OF WORK for OHE The Tenderer shall enclose with his offer the scheme of work and realistic time schedule (Form-10, Sheet-1 ) on graph paper showing the period of time that he will take for the various items of work listed therein for each section separately. Each section would be 100TKMs approximately and the priority of the sections for completion of work would be given by the purchaser. The tenderer shall indicate in the form of notes to the schedule the assumptions and the basis adopted for the preparation of the time schedule

  Document required

• Declaration to be submitted regarding NAME OF MANUFACTURER/S, PLACES OF MANUFACTURE & INSPECTION of supplies (CORE/RDSO PPROVED SOURCES) in Form-11 (A)

  Document required

• Declaration to be submitted regarding NAME OF MANUFACTURER, PLACES OF MANUFACTURE & INSPECTION of supplies(other than CORE/RDSO APPROVED SOURCES) in Form-11 (B)

  Document required

• Alternative Proposal (Form-4) Should the Tenderers have alternative proposals for basic arrangements, typical designs and specifications drawings for components and materials (See Para 1.1.10) which the Tenderer considers would improve the operating performance of the equipment or would reduce the cost of the equipment, he shall in corporate them in the Tender for consideration by the Purchaser Form-4. He shall clearly indicate in detail the technical and /or financial advantages which would accrue to the Purchaser, specifically for each alternative proposal suggested by him.

  Document required

• In support of Financial Eligibility Criteria (Form 12A, Sheet-5) 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 Form-12A, Sheet-5, along with copies of Audited Balance Sheets duly certified by the Chartered Accountant/ Certificate from Chartered Accountant duly supported by Audited Balance Sheet.

  Document required

• In support of Bid Capacity (Form-12D), Tenderer is required to submit details in the proforma prescribed as per FORM-12D in support of Bid Capacity, duly verified by Chartered Accountant failing which their bid shall be considered as incomplete and their offer shall be summarily rejected

  Document required

• Form-24 (For payment through NEFT/RTGS etc.): Tenderers are required to submit their bank details in the proforma given in FORM-24 to facilitate epayment vide NEFT/RTGS

  Document required

• Documents to be enclosed by the JV along with the tender:

  Document optional

• In case one or more of the members of the JV is/are partnership firm(s), following documents shall be submitted:

  1. A notarized copy of the Partnership Deedor 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 in FORM-28A 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.
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• In case one or more members is/are Proprietary Firm or HUF, the following documents shall be enclosed: (i)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.

  Document optional

• In case one or more members of the JV is/are companies, the following documents shall be submitted:

  1. 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 lncorporation
  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.
  Document optional

• 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 in FORM- 28A that they are not blacklisted or debarred by Railways or any other Ministry / Department of the Govt. of India from participation intenders / 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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• 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.
  Document optional

• All the Members of JV shall certify in FORM-28A that they are not blacklisted or debarred by Railways or any other Ministry / Department of the Govt. of India from participation in tenders/contract on the date of submission of bids either in their individual capacity or as a member of the JV in which they were/are members.

  Document optional

• Participation of Partnership Firms in works tenders 15.1:- The Partnership Firms participating in the tender should be legally valid under the provisions of the Indian Partnership Act.

  Document required

• Form-28 (Certificate for Two Packet System of Tendering only) A certificate is required to be submitted by all tenderers (As per Form-28). Based on this certificate Tender committee will deliberate and decide eligibility of tenderers for Packet-

  1. Packet-B (Commercial Bid) of only eligible tenderers will be opened and relevant documents of eligible tenderers will be got verified after opening of Packet-
  2. The number of tenderers, whose documents are to begot verified, will be decided by the tender committee on the merit of the case. If contents in documents submitted by tenderers are found to be incorrect/false action will be taken against such tenderers as per provisions contained in certificate submitted by them as per provisions contained inForm- 28.
  Document required

• Bidders have to submit Bid Security with the tender. The Bid Security shall be deposited either in cash through e-payment gateway or submitted as Bank Guarantee bond as per FORM- 13 and shall be valid for a period of 90days beyond the bid validity period. In case Bid Security is submitted in the form of Bank Guarantee, a scanned copy of the Bank Guarantee shall be uploaded on IREPS and original Bank Guarantee should be delivered in person to the official nominated as indicated in Para 3 of the Preamble within5 working days before closing date for submission of Bids i.e. date & time as specified in clause 10.3 (Schedule of Bidding Process) of the Preamble. 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.

  Document optional

• Form-12D Have you submitted Form-12D i.e. Tenderer's Credentials with details for Bid Capacity

• Form-24: Have you submitted Form-24 i.e. Bank details in the proforma to facilitate e-payment via NEFT/RTGS etc

• Form-28: Have you submitted Form-28 i.e. format for certificate in case of Two Packet System of tendering

• FORM-13: Have you submitted scanned copy of Form-13 i.e. Bank Guarantee Bond for Bid Security (if Applicable)?

Commercial-Compliance

• This tender complies with Public Procurement Policy Order 2017 dated 15/06/2017.

• Local content The minimum local content shall be 50%.

• Margin of Purchase Preference The margin of purchase preference shall be 20%..

• The local supplier at the time of tender, bidding or solicitation shall be required to provide self certification that the item offered meets the minimum local content and shall give details of the location(s) at which the local value addition is made.

• In terms of Para 3(a) of Public Procurement (Preference to make in India), Order 2017-Revision as amended (Annexure-II of Part-I, Chapter-I), Railway Board has reviewed and considered that sufficient local capacity and local competition exist for all the material/items used in Railway Electrification as they are indigenously manufactured and supplied except short neutral section assembly which is an RDSO approved item. It has, therefore, been decided that in respect of these items only Class I local suppliers shall be eligible to bid and supply, irrespective of the purchase value. It has been further decided that the minimum local content for the local supplier, of the above item, to be categorized as 'Class-l local supplier' shall be 50%

• Requirement of a vendor to be a Class I local supplier (self-certification by bidder as per Public Procurement (Preference to make in India), Order 2017- Revision (Annexure-II of Part-I, Chapter-I), as amended), to be considered for ordering of item (s) detailed in para 1.5 above, shall be a mandatory condition in addition to other qualifying criteria, including status of approval with respective vendor approving agencies, etc., which may be applicable for purchase of the item. Therefore, public procurement of the item(s) detailed in para 12.7(i) is restricted to Class I local suppliers only and the vendors who do not qualify to be class I local suppliers should not quote in the tender as their offers shall not be considered for ordering. In case any vendor who does not qualify to be a Class local supplier for the tendered item participates in the tender it does so at its own risk and cost and Railways shall not be liable for any loss or damage caused to the vendor.

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• ELECTRONIC REVERSE AUCTION(e-RA) will be followed for tenders valued more than Rs. 50 Crore

General Instructions

• All document related to Joint Venture/ Consortium MOU, duly notarized should be uploaded at the time of submission of bid.

• The tenderer shall upload scanned copies of mandatory credentials such as experience, turn over Certificates and any other documents as applicable.

• Rates are inclusive of all taxes / octroi, license fee, royalty charges etc. legally leviable by state, Central Government and/or any other local authority.

• Income Tax, Cess and any other tax will be recovered as per extant instruction on the subject.

• Advertisement Period - Time during which all information pertaining to tender shall be available but offers can not be submitted. i.e from tender publication date to till sixteen days prier to opening of Tender.

• Offer Submission Period - Fifteen days prior to opening of tender, during which tenderers can submit their offer.

• A Bid from JV/Consortium/Partnership Firm etc. shall be considered only where permissible as per the Bid/Tender conditions

• All the eligible bidders/tenders should ensure that they obtain an employer code from Employees State Insurance Corporation (ESIC) and get ESI account number allotted to the contract labour and ensure that the contribution towards ESI is deducted from the contract labour and the contribution from the employers is deposited with ESIC and certificate shall be submitted at the time of billing.

• Works Contract The tenderer whether sole proprietor/ a company or a partnership firm / joint venture (JV) / registered society / registered trust / HUF 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 submit the tender, sign the agreement, receive money, co-ordinate measurements through contractor's authorized engineer, witness measurements, sign measurement books, compromise, settle, relinquish any claim(s) preferred by the firm and sign "No Claim Certificate" and refer all or any disputes to arbitration. The above power of attorney shall be submitted even if such specific person is authorized for above purposes through partnership deed / Memorandum of Understanding / Article of Association or such other document, failing which tender shall be summarily rejected.

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• 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.

• It will be obligatory on the part of the contractors in whose favour the contract is awarded to employ civil Engineers Graduate/Diploma holders for the duration of contracts as under (Rly Bd. Letter no. 2012/CE-I/ CT/O/20 dated 10.5.13):-

  1. One Qualified Graduate Engineer when the cost of work to be executed is Rs. 200 lakh and above.
  2. One qualified Diploma holder Engineer when the cost of work to be executed is more than Rs. 25 lakh, but less than Rs. 200 lakh. Technical staff should be available at the site whenever required by engineer-in-charge to take instructions. Contd.

• In case contractor fail to employ the Technical staff as aforesaid, he shall be liable to pay a reasonable amount not exceeding a sum of Rs. 40000/-(Rupees Forty thousands only) for each month of default in case of Graduate Engineer and Rs. 25000/- (Rupees twenty five thousands only) for each month or part thereof for the default period in case of Diploma holder. The decision of engineer-in-charge as to the period for each the required technical staff as not employed by the contractor and as the reasonableness of the amount to be deducted on this account shall be final and binding on the contractor.

• WORKS CONTRACT - VARIATION IN QUANTITIES OF ITEMS OF CONTRACTS -LIMITS AND RATES:

  1. Unless otherwise specified in the special conditions of the contract, the accepted variation in quantity of each individual item of the contract would be up to 25% of the quantity originally contracted, except in case of foundation work.
  2. The Contractor shall be bound to carry out the work at the agreed rates and shall not be entitled to any claim or any compensation whatsoever up to the limit of 25% variation in quantity of individual item of works.
  3. In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered unavoidable, then same shall be executed at following rates.
• 1. Quantities operated in excess of 125% but upto 140% of the agreement quantity of the concerned item, shall be paid at 98% of the rate awarded for that item in that particular tender;
  2. Quantities operated in excess of 140% but up to 150% of the agreement quantity of the concerned item shall be paid at 96% of the rate awarded for that item in that particular tender;
  3. Variation in quantities of individual items beyond 150% will be avoided and would be permitted only in exceptional unavoidable circumstances and shall be paid at 96% of the rate awarded for that item in that particular tender.
  4. Variation to quantities of Minor Value Item: The limit for varying quantities for minor value items shall be 100% (as against 25% prescribed for other items). A minor value item for this purpose is defined as an item whose original agreement value is less than 1 % of the total original agreement value.
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• d.

  1. Quantities operated up to and including 100% of the agreement quantity of the concerned minor value item, shall be paid at the rate awarded for that item in that particular tender; d.
  2. Quantities operated in excess of 100% but up to 200% of the agreement quantity of the concerned minor value item, shall be paid at 98% of the rate awarded for that item in that particular tender; d.
  3. Variation in quantities of individual minor value item beyond 200% will be avoided and would be permitted only in exceptional unavoidable circumstances and shall be paid at 96% of the rate awarded for that item in that particular tender.
• 4. In case of earthwork, the variation limit of 25% shall apply to the gross quantity of earthwork and variation in the quantities of individual classifications of soil shall not be subject to this limit.
  5. In case of foundation work, no variation limit shall apply and the work shall be carried out by the Contractor on agreed rates irrespective of any variation.
  6. As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a whole and not on individual SOR items. However, in case of NS items, the limit of 25% would apply on the individual items irrespective of the manner of quoting the rate (single percentage rate or individual item rate).
     1. Price Variation Clause (PVC) shall be applicable only in tender having advertised value above Rs. 2 Crores. Provided further that, in a contract where PVC is applicable, following shall be outside the purview of price adjustments (i.e. shall be excluded from the gross value of the work for the purpose of price variation) :
        1. Materials supplied by Railway to the Contractors, either free or at fixed rate;
        2. Any extra item(s) included in subsequent variation falling outside the purview of the Bill(s) of Quantities of tender, under clause 39. (1)(b) of these Standard General Conditions, unless applicability of PVC and 'Base Month' has been specially agreed, while fixing the rates of such extra item(s).
     2. Price Variation Clause for Annual Maintenance Contract or Zonal Contract :- The price variation Clause of General Conditions of Contract shall not apply to a works contract which is either an Annual Maintenance Contract or a Zonal Contract as per Railway Boards letter No. 2013/CE/I/CT/O/10-PVC-Pt.I dated 27.01.2015 & 2017/Trans/01/Policy dated 08.02.2018.
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• The Railway Reserve the right to accept in whole or in part or reject any tender or all tenders without assigning any reason for such action. Rate should not be quoted for part quantity.

• For those conditions for which standard formats have been given in the uploaded document titled- Formats for uploading of various format. The informations should only be submitted in these standard formats.

• WORKS CONTRACT - The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% of the 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 PFA/NER (free from any encumbrance) may be accepted.
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• Works Contract The Bid Security deposited with the tender of successful tenderer will be retained as part of security deposit which will be 5 percent of the contract value of work awarded. Security Deposit may be deposited by the Contractor before release of first on account bill in cash or Term Deposit Receipt from Scheduled Bank, or may be recovered at the rate of @ 6 percent of the bill amount till the full Security Deposit is recovered.

• Works Contract This contract shall be governed by the provision of GCC (General Condition of Contract) April 2022 edition with up to date corrections thereto.

• BID SECURITY - All the tenderers/ contractors have to deposit Bid Security as stipulated in the tender document through online modes as permitted in IREPS application. Payment of Bid Security in respect of e-Tendering, should be accepted through net banking or payment gateway or Bank Guarantee bond. Subject to Exemption provided under para 5(1) (a) of Part -1 (ITT) of GCC, the tenderer must be accompanied by a Bid Security as mentioned in the tender documents, failing which the tender shall be summarily rejected.

• Works Contract

  1. The Bid Security shall be rounded to the nearest 100. This Bid Security shall be applicable for all modes of tendering.
  2. Any firm recognized by Department of Industrial Policy and Promotion (DIPP) as 'Startups' shall be exempted from payment of Bid Security detailed above.
  3. 100% Govt. owned PSUs shall be exempt from Payment of Bid Security detailed above.
  4. Labour Cooperative Societies shall submit only 50% of above Bid Security detailed above.

• INDIAN RAILWAY STANDARD GERNERAL CONDITION OF CONTRACT, April 2022 is available on the Indian Railways website. Tenderers are requested to visit the website and be aware of the Terms and Conditions of GCC.

• Tenderer shall submit the documents regarding status of firm along with offers. It is further made clear that partnership firm shall have to attach copy of the latest partnership deed along with latest affidavit certifying the currency of the deed. Similarly, proprietorship firm should also submit the relevant certificate along with latest affidavit regarding currency of the certificate.

• WORKS CONTRACT 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 / HUF 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.

• a)Sole Proprietorship Firm:

  1. An undertaking that he is not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of opening of bids, either in individual capacity or as a member of the partnership firm or JV in which he was / is a partner/member.
  2. All other documents in terms of explanatory notes in clause 10(GCC).

• (b)HUF:

  1. A copy of notarized affidavit on Stamp Paper declaring that he who is submitting the tender on behalf of HUF is in the position of 'Karta' of Hindu Undivided Family (HUF) and he has the authority, power and consent given by other members to act on behalf of HUF.
  2. An undertaking that the HUF is not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of opening of bids, either in individual capacity or as a member of the partnership firm or JV in which HUF was / is a partner/member.
  3. All other documents in terms of explanatory notes in clause 10(GCC).

• Form (Second Sheet).

• 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. An undertaking that the Company is not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of opening of bids, either in individual capacity or as a member of the partnership firm or JV in which the Company was / is a partner/member.
     5. All other documents in terms of explanatory notes in clause 10 (GCC).
  6. LLP (Limited Liability Partnership): If the tender is submitted on behalf of a LLP registered under LLP Act-2008, the tenderer shall submit alongwith the tender:
     1. A copy of LLP Agreement
     2. A copy of Certificate of Incorporation
     3. A copy of Power of Attorney/Authorization issued by the LLPin favour of the individual to sign the tender on behalf of the LLP and create liability against the LLP.
     4. An undertaking that the LLP is not blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from participation in tender on the date of opening of bids, either in individual capacity or as a member of JV in which the LLP was / is a member.
     5. All other documents in terms of explanatory notes in clause 10 (GCC).
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• 7. Registered Society & Registered Trust: The tenderer shall submit:
  9. A copy of the Certificate of Registration
     2. A copy of Deed of Formation
     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. All other documents in terms of explanatory notes in clause 10 (GCC).

• (iii) 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.

• (iv)After opening of the tender, any document pertaining to the constitution of Sole Proprietorship Firm / Partnership Firm / Registered Company/ Registered Trust / Registered Society / HUF 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.

• (v) A tender from JV / Partnership firm etc. shall be considered only where permissible as per the tender conditions.

• (vi)The Railway will not be bound by any change 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.

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

• b) 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 thereunder nor will it affect any rights of the Railway thereunder.

• c) In case of any wrong information submitted by tenderer, the contract shall be terminated, Bid Security, Performance Guarantee (PG) and Security Deposit (SD) of contract forfeited and agency barred for doing business on entire Indian Railways for 2 (two) years.

• Contractor is to abide by the provisions of Payment of Wages act & Minimum Wages act in terms of clause 54 and 55 of Indian Railways General Condition of Contract. In order to ensure the same, an application has been developed and hosted on website 'www.shramikkalyan.indianrailways.gov.in'. Contractor shall register his firm/company etc. and upload requisite details of labour and their payment in this portal. These details shall be available in public domain. The Registration/ updation of Portal shall be done as per para 55C of GCC April 2022:

• Employment/Partnership etc. of Retired Railway Employees:

• (a) Should a tenderer

  1. be a retired Engineer of the gazetted rank or any other gazetted officer working before his retirement, whether in the executive or administrative capacity or whether holding a pensionable post or not, in the Engineering or any other department of any of the railways owned and administered by the President of India for the time being, OR
  2. being partnership firm / joint venture (JV) / registered society / registered trust etc have as one of its partners 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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• (b) In case, upon successful award of contract, should a tenderer depute for execution of the works under or to deal matters related with this contract, any retired Engineer of gazette rank or retired gazetted officer working before his retirement in the Engineering or any other department of any of the railways owned and administered by the President of India for the time being, and now in his employment, then the tenderer will ensure that retired Engineer or retired gazetted officer had retired from government service at least 1 year prior to the date of his employment with tenderer and in case he had retired from service within a year then he possesses the requisite permission from the President of India or any officer, duly authorized by him in this behalf, to get associated with the tenderer.

• (C) Should a tenderer or Contractor being an individual, have member(s) of his family or in the case of partnership firm/ company / joint venture (JV) / registered society / registered trust etc. one or more of his partner(s)/shareholder(s) or member(s) of the family of partner(s)/shareholder(s)having share of more than 1%in the tendering entity employed in gazetted capacity in the Engineering or any other department of the railway, then the tenderer at the time of submission of tender, will inform the authority inviting tenders the details of such persons.

• Note:-If information as required as per paras above has not been furnished, contract is liable to be dealt in accordance with provision of clause 62 of Standard General Condition of contract.

• Participation of Partnership Firms in works tenders:

• 1 . The Partnership Firms participating in the tender should be legally valid under the provisions of the Indian Partnership Act.

  2. The partnership firm should have been in existence or should have been formed prior to submission of tender. Partnership firm should have either been registered with the Registrar or the partnership deed should have been notarized as per the Indian Partnership Act, prior to submission of tender.
  3. Separate identity/ name should be given to the partnership firm. The partnership firm should have PAN / TAN number in its own name and PAN / TAN number in the name of any of the constituent partners shall not be considered. The valid constituents of the firm shall be called partners.
  4. Once the tender has been submitted, the constitution of the firm shall not normally be allowed to be modified / altered / terminated during the validity of the tender as well as the currency of the contract except when modification becomes inevitable due to succession laws etc., in which case prior permission should be taken from Railway and in any case the minimum eligibility criteria should not get vitiated. The re-constitution of firm in such cases should be followed by a notary certified Supplementary Deed. The approval for change of constitution of the firm, in any case, shall be at the sole discretion of the Railways and the tenderer shall have no claims what-so-ever. Any change in the constitution of Partnership firm after opening 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 EMD shall be forfeited. If any Partner/s withdraws from the firm after opening of the tender and before the award of the contract, the offer shall be rejectedand EMD of the tenderer will be forfeited. If any new partner joins the firm after opening 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 General Conditions of Contract.
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• 5 . A partner of the firm shall not be permitted to participate either in his individual capacity or as a partner of any other firm in the same tender.

  6. The tender form shall be submitted only in the name of partnership firm. The EMD shall be deposited by partnership firm through e-payment gateway or as mentioned in tender document. The EMD submitted in the name of any individual partner or in the name of authorized partner (s) shall not be considered.
  7. One or more of the partners of the firm or any other person (s) shall be designated as the authorized person (s) on behalf of the firm, who will be authorized by all the partners to act on behalf of the firm through a "Power of Attorney", specially authorizing him / them to submit & sign the tender, sign the agreement, receive payment, witness measurements, sign measurement books, make correspondences, compromise / settle / relinquish any claim (s) preferred by the firm, sign "No Claim Certificate", refer all or any dispute to arbitration and to take similar such action in respect of the said tender / contract. Such "Power of Attorney" shall be notarized / registered and submitted along with the tender.
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• 8. On issue of Letter of Acceptance (LOA) to the partnership firm, all the guarantees like Performance Guarantee, Guarantee for various Advances to the Contractor shall be submitted only in the name of the partnership firm and no splitting of guarantees among the partners shall be acceptable.
  9. On issue of Letter of Acceptance (LOA), contract agreement with partnership firm shall be executed in the name of the firm only and not in the name of any individual partner.

• 10.In case the Letter of Acceptance (LOA) is issued to a partnership firm, the following undertakings shall be furnished by all the partners through a notarized affidavit, before signing of contract agreement.

  1. Joint and several liabilities: The partners of the firm to which the Letter of Acceptance (LOA) is issued, shall be jointly and severally liable to the Railway for execution of the contract in accordance with General and Special Conditions of the Contract. The partners shall also be liable jointly and severally for the loss, damages caused to the Railway during the course of execution of the contract or due to non-execution of the contract or part thereof.
  2. Duration of the partnership deed and partnership firm agreement: The partnership deed/partnership firm agreement shall normally not be modified/altered/ terminated during the currency of contract and the maintenance period after the work is completed as contemplated in the conditions of the contract. Any change carried out by partners in the constitution of the firm without permission of Railway, shall constitute a breach of the contract, liable for determination of the contract under Clause 62 of the 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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• 11. The tenderer shall clearly specify that the tender is submitted on behalf of a partnership firm. The following documents shall be submitted by the partnership firm, with the tender:
      1. A notarized copy of partnership deed.
      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 opening of bids, either in their individual capacity or in any firm in which they were / are partners.
      4. All other documents in terms of explanatory notes in clause 10(GCC).
  12. 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 Clause 10 (GCC).
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Concealment / wrong information in regard to above shall make the contract liable for determination under Clause 62 of the General Conditions of Contract.

Special Conditions

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

• WORKS CONTRACT Care in Submission of Tender:

• If the earnest money deposited by the bidder is in shape of Bank Guarantee, it should be supported by proper stamp duty, rate prescribed as per section 13 & 24 of the UP Stamp Act, 2008 and amended from time to time at the time of submission of bank Guarantee.

• (a)(i) 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 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)(ii) 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. and as amended form time to time and applicable taxes before bidding. Tenderers will ensure that full benefit of Input Tax Credit (ITC) likely to be availed by then is duly considered while quoting rates.

• (a)(iii) 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.

• 1. In case the successful tenderer is not liable to be registered under CGST/IGST/UTGST/SGST Act, the railway shall deduct the applicable GST for his/their bills under reverse charge mechanism(RCM) and deposit the same to the concerned authority.
  2. When work is tendered for by a firm or company, the tender shall be signed by the individual legally authorized to enter into commitments on their behalf.

• (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.

Technical-Compliances

• FOR Joint Venture Firms (para 17 of GCC) Participation of Joint Venture (JV) Firms in Works tender: Joint Venture shall be considered only for tenders where advertised estimated cost of the work is more than Rs. 10Crores (Rupees Ten Crores) only. The stipulations of Joint Venture shall be as per Clause-17 of General Conditions of Contract (GCC) which is reproduced as under: Documents to be enclosed by the JV Firm along with the tender

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

• Number 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%.

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

• The 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

• Bid 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.

• copy of Memorandum of Understanding (MoU) duly executed by the JV members on a stamp paper, shall be submitted by the JV along with 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. (The MoU format for this purpose shall be finalized by the Railway in consultation with their Law Branch and shall be enclosed along with the tender). Format for MOU is enclosed as Form- 23.

• Once the tender is submitted, the MoU shall not 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.

• Approval for change of constitution of JV shall be at the sole discretion of the Railway. The constitution of the JV shall not be allowed to be modified after submission of the tender bid by the JV, except when modification becomes inevitable due to succession laws etc. and in any case the minimum eligibility criteria should not get vitiated. However, the Lead Member shall continue to be the Lead Member of the JV. Failure to observe this requirement would render the offer invalid.

• Similarly, after the contract is awarded, the constitution of JV shall not be 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. On award of contract to a JV, a single Performance Guarantee shall be submitted by the JV as per tender conditions. All the Guarantees Iike 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.

• On 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 along with the tender, shall begot 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' (incase JV entity is to be registered as Partnership Firm) or under 'The LLP Act2008' (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:

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• Joint And Several Liability - Members of the entitiy 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.

• Duration 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.

• Governing Laws - The registered entity shall in all respect be governed by and interpreted in accordance with Indian Laws.

• Authorized Member - Joint Venture members in the JV MoU shall authorize one of the members 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

• No 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.

• The partnership firm should have been in existence or should have been formed prior to submission of tender. Partnership firm should have either been registered with the Registrar or the partnership deed should have been notarized as per the Indian Partnership Act, prior to submission of tender.

• Separate identity / name should be given to the partnership firm. The partnership firm should have PAN / TAN number in its own name and PAN /TAN number in the name of any of the constituent partners shall not be considered. The valid constituents of the firm shall be called partners. Once the tender has been submitted, the constitution of the firm shall not normally be allowed to be modified / altered / terminated during the validity of the tender as well as the currency of the contract except when modification becomes inevitable due to succession laws etc., in which case prior permission should be taken from Railway and in any case the minimum eligibility criteria should not get vitiated. The re- constitution of firm in such cases should be followed by a notary certified Supplementary Deed. The approval for change of constitution of the firm, in any case, shall be at the sole discretion of the Railways and the Tenderer shall have no claims whatso-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 for feited. 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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• A partner of the firm shall not be permitted to participate either in his individual capacity or as a partner of any other firm in the same tender.

• The tender form shall be submitted only in the name of partnership firm. The Bid Security shall be submitted by partnership firm through e-payment gateway or as mentioned in tender document. The Bid Security submitted in the name of any individual partner or in the name of authorized partner (s) shall not be considered.

• One or more of the partners of the firm or any other person (s) shall be designated as the authorized person (s) on behalf of the firm, who will be authorized by all the partners to act on behalf of the firm through a "Power of Attorney", specially authorizing him / them to submit & sign the tender, sign the agreement, receive payment, witness measurements, sign measurement books, make correspondences, compromise / settle / relinquish any claim (s)preferred by the firm, sign "No Claim Certificate", refer all or any dispute to arbitration and to take similar such action in respect of the said tender /contract. Such "Power of Attorney" shall be notarized / registered and submitted along with the tender.

• On issue of Letter of Acceptance (LOA) to the partnership firm, all the guarantees like Performance Guarantee, Guarantee for various Advances to the Contractor shall be submitted only in the name of the partnership firm and no splitting of guarantees among the partners shall be acceptable.

• On issue of Letter of Acceptance (LOA), contract agreement with partnership firm shall be executed in the name of the firm only and not in the name of any individual partner.

• In case the Letter of Acceptance (LOA) is issued to a partnership firm, the following undertakings shall be furnished by all the partners through a notarized affidavit, before signing of contract agreement.

  1. Joint and several liabilities: The partners of the firm to which the Letter of Acceptance (LOA) is issued, shall be jointly and severally liable to the Railway for execution of the contract in accordance with General and Special Conditions of the Contract. The partners shall also be liable jointly and severally for the loss, damages caused to the Railway during the course of execution of the contract or due to non-execution of the contract or part thereof.
  2. Duration of the partnership deed and partnership firm agreement: The partnership deed/partnership firm agreement shall normally not be modified/altered/terminated during the currency of contract and the maintenance period after the work is completed as contemplated in the conditions of the contract. Any change carried out by partners in the constitution of the firm without permission of Railway, shall constitute a breach of the contract, liable for determination of the contract under Clause 62 of the Standard General Conditions of Contract.
  3. Governing laws: The partnership firm agreement shall in all respect be governed by and interpreted in accordance with the lndian 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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• The tenderer shall clearly specify that the tender is submitted on behalf of a partnership firm. The following documents shall be submitted by the partnership firm, with the tender:

  1. A notarized copy of the Partnership Deed or a copy of the Partnership deed registered with the Registrar.
  2. A notarized or registered copy of Power of Attorney in favour of the individual to tender for the work, sign the agreement etc. and create liability against the firm.
  3. An undertaking by all partners of the partnership firm in FORM-28Athat 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. AII other documents in terms of Para 12 of the Preamble.
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• 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 Clause 12 of Preamble by the partnership firm.