1. NIT HEADER VARANASI DIVISION-S AND T/NORTH EASTERN … · payment modes available on IREPS...

DRM/S T acting for and on behalf of The President of India invites E-Tenders against Tender No N-539-2-ST-18-19-52 ClosingDate/Time 18/03/2019 15:00 Hrs. Bidders will be able to submit their original/revised bids upto closing date and time only. Manual offersare not allowed against this tender, and any such manual offer received shall be ignored.

Contractors are allowed to make payments against this tender towards tender document cost and earnest money only through onlypayment modes available on IREPS portal like net banking, debit card, credit card etc. Manual payments through Demand draft, Bankercheque, Deposit receipts, FDR etc. are not allowed.

1. NIT HEADER

Name of Work Comprehensive Annual Maintenance Contract of Statcon Make IPS for 36 Months (03years) in BSB division.

Bidding type Normal Tender

Tender Type Single Bidding System Single Packet System

Tender Closing Date Time 18/03/2019 15:00 Date Time Of Uploading Tender 08/02/2019 17:33

Pre-Bid Required No Pre-Bid Query Date Time Not Applicable

Advertised Value 5743282.44 Tendering Section WORKS

Bidding Style Single Rate for Each Schedule Bidding UnitEarnest Money (Rs.) 114900.00 Validity of Offer ( Days) 45

Tender Doc. Cost (Rs.) 5000.00 Period of Completion 36 Months

Contract Type Works Contract Category Expenditure

Bidding Start Date 04/03/2019Are Joint Venture (JV) firmsallowed to bid No

Ranking Order For Bids Lowest to Highest

2. SCHEDULE

S.No. ItemCode

Item Qty Qty Unit Unit Rate Basic Value Escl.(%) Amount Bidding Unit

Schedule A-AMC 3693241.44Above/

Below/Par

1

1 14.00 Set 263802.96 3693241.44 AT Par 3693241.44

Item Description:- Comprehensive Annual Maintenance Contract for Integrated Power Supply System (M/sStatcon make) for three years. Pvt. Ltd. This includes preventive maintenance , attending & Rectification offailures during emergency .This AMC includes replacement/ repairing of all types of defective Cards / modulesduring AMC period as per terms & condition of AMC.

S.No. ItemCode

Item Qty Qty Unit Unit Rate Basic Value Escl.(%) Amount Bidding Unit

Schedule B-Repairing 2050041.00Above/

Below/Par

11 12.00 Numbers 34200.00 410400.00 AT Par 410400.00

Item Description:- Repairing of Inverter module of IPS STATCON make

22 33.00 Numbers 29750.00 981750.00 AT Par 981750.00

Item Description:- Repairing of SMR module (110V/20Amp.) of IPS STATCON make

3Please see Item Breakup for details. 426741.00 AT Par 426741.00

Item Description:- Repairing of DC-DC converter of different rating of IPS STATCON make

44 10.00 Numbers 6195.00 61950.00 AT Par 61950.00

Item Description:- Repairing of Transformer module, 500VA

55 2.00 Numbers 23600.00 47200.00 AT Par 47200.00

Item Description:- Repairing of CVT, 1.5 KVA

66 4.00 Numbers 30500.00 122000.00 AT Par 122000.00

Item Description:- Repairing of Static switch (Auto)

3. ITEM BREAKUP

Schedule Schedule B-Repairing

Item- 3 Repairing of DC-DC converter of different rating of IPS STATCON make

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VARANASI DIVISION-S AND T/NORTH EASTERN RLYTENDER DOCUMENT

Tender No: N-539-2-ST-18-19-52 Closing Date/Time: 18/03/2019 15:00

S No. ItemNo

Description of Item Unit Qty Rate Amount

1 1 DC-DC converter (24-32V/5Amp) Numbers 32.00 7190.00 230080.00


3 3 DC-DC converter (3-6V/0.1Amp) Numbers 3.00 3717.00 11151.00




7 7 DC-DC converter @40<45@100V/1Amp) Numbers 11.00 9075.00 99825.00

Total 426741.00

4. ELIGIBILITY CONDITIONS

Standard Financial Criteria

S.No. Description ConfirmationRequired

RemarksAllowed

DocumentsUploading

1

Tenderer has to submit [scanned copy in PDF format] the details of the total contractualamount received by the tenderer during the last three financial years and in the currentfinancial year should be a minimum of 150% of advertised tender value of work. Thetenderer has to produce attested certificate from the employer/client, audited balancesheet duly certified by the Chartered Accountant etc. along with the tender offer.

No NoAllowed(Mandatory)

Submission of Affidavit


RemarksAllowed

DocumentsUploading

1

Please submit notarized affidavit on a non-judicial stamp paper in the prescribed format(please download format from the link given below) for verification / confirmation of thedocuments submitted for compliance of eligibility/qualifying criteria. Non submission ofproperly filled affidavit in the prescribed format shall lead to summary rejection of youroffer.Click here to download the format for Affidavit

No No Allowed(Mandatory)

Standard Technical Criteria


RemarksAllowed

DocumentsUploading

1

(a)The tenderer must have successfully completed any of the following during last 07(seven) years, ending last day of month previous to the one in which tender is invited:Three similar works costing not less than the amount equal to 40% of advertised valueof the tender, or Two similar works costing not less than the amount equal to 50% ofadvertised value of the tender, or One similar work costing not less than the amountequal to 80% of advertised value of the tender. (b) (i)In case of 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 any ofthe following during last 07 (seven) years, ending last day of month previous to the onein which tender is invited: Three similar works costing not less than the amount equal to40% of advertised value of each component of tender, or Two similar works costing notless than the amount equal to 50% of advertised value of each component of tender, orOne similar work costing not less than the amount equal to 80% of advertised value ofeach component of tender. Note: Separate completed works of minimum required valuesfor each component can also be considered for fulfillment of technical eligibility criteria.(b) (ii) In such cases, what constitutes a component in a composite work shall be clearlypre-defined with estimated tender cost of it, as part of the tender documents without anyambiguity. Any work or set of works shall be considered to be a separate component,only when cost of the component is more than 2 crore each.

No No Allowed(Mandatory)

1.1 Defination of Similar Work :- a) Supply, Installation, testing and commissioning of IPS b)Annual maintenance contract of IPS. c) Any signalling work.

No No Not Allowed

5. COMPLIANCE

Commercial-Compliance


RemarksAllowed

DocumentsUploading

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https://ireps.gov.in/ireps/upload/resources/Format for Affidavit for Credentials.pdf

1

Please enter the percentage of local content in the material being offered.Please enter 0 for fully imported items, and 100 for fully indigenous items. Thedefinition and calculation of local content shall be in accordance with the Makein India policy as incorporated in the tender conditions.

No YesAllowed(Optional)

2

The tenderers shall submit a copy of notarized affidavit on a non-judicial stamppaper stating that all their statements/documents submitted alongwith bid aretrue and factual. Standard format of the affidavit to be submitted by the bidderis enclosed. Non submission of notarized affidavit by the bidder shall result insummarily rejection of his/their bid. It shall be mandatorily incumbent upon thetenderer to identify, state and submit the supporting documents duly selfattested by which they/he is qualifying the Qualifying Criteria mentioned in theTender Document.


3

"This tender complies with Public Procurement Policy Order 2017 dated15.06.2017". The full details of the order can be seen athttp://dipp.nic.in/whats-new/public-procurement-preference-make-india-order-2017

No No Not Allowed

4The tenderers are required to submit [scanned copy in PDF format] their BankMandate Form as per the document attached.


5At the time of submission of bid, if you have any special Condition then uploadin scanned pdf copy.

No NoAllowed(Optional)

6The tenderer are required to submit the list of Personal organisation availablewith the firm and proposed to be engaged for the subject work.


7The tenderer are required to submit the list of plant and machinery availablewith the firm and proposed to be inducted (own and hired to be submitseparately) for the subject work.


8

The tenderer are required to submit the list of Works completed in last threefinancial years giving Description of work, Organization for whom executed,approximate value of contract at time of award, Date of award and date ofCompletion, Date of actual start, Actual Completion and Final value of Contractshall also be given.


9The tenderer are required to submit the list of Works on hand indicatingDescription of Work, Contract Value, Approximate value of balanve work yet tobe done and Date of award.


10The tenderers are required to submit [scanned copy in PDF format] theirUndertaking as per the document attached.


General Instructions


RemarksAllowed

DocumentsUploading

1

(1)Powers of Modification to Contract: The Engineer on behalf of theRailway shall be entitled by order in writing to enlarge or extend, diminish orreduce the works or make any alterations in their design, characterposition, site, quantities, dimensions or in the method of their execution orin 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 theContractor will not be entitled, to any compensation for anyincrease/reduction in the quantities of work but will be paid only for theactual amount of work done and for approved materials supplied against aspecific order.

No No Not Allowed

1.1

(2)(i) Unless otherwise specified in the special conditions of the contract,the accepted variation in quantity of each individual item of the contractwould be upto 25% of the quantity originally contracted, except in case offoundation work.

No No Not Allowed

1.2(ii) The Contractor shall be bound to carry out the work at the agreed ratesand shall not be entitled to any claim or any compensation whatsoever uptothe limit of 25% variation in quantity of individual item of works.

No No Not Allowed

1.3(iii) In case an increase in quantity of an individual item by more than 25%of the agreement quantity is considered unavoidable, then same shall beexecuted at following rates

No No Not Allowed

1.3.1(a)Quantities operated in excess of 125% but upto 140% of the agreementquantity of the concerned item, shall be paid at 98% of the rate awarded forthat item in that particular tender;

No No Not Allowed

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1.3.2(b)Quantities operated in excess of 140% but upto 150% of the agreementquantity of the concerned item shall be paid at 96% of the rate awarded forthat item in that particular tender;

No No Not Allowed

1.3.3

(c)Variation in quantities of individual items beyond 150% will be avoidedand would be permitted only in exceptional unavoidable circumstances andshall be paid at 96% of the rate awarded for that item in that particulartender.

No No Not Allowed

1.3.4

(d)Variation to quantities of Minor Value Item: The limit for varyingquantities for minor value items shall be 100% (as against 25% prescribedfor other items). A minor value item for this purpose is defined as an itemwhose original agreement value is less than 1 % of the total originalagreement value. d.(i) Quantities operated upto and including 100% of theagreement quantity of the concerned minor value item, shall be paid at therate awarded for that item in that particular tender; d.(ii)Quantities operatedin excess of 100% but upto 200% of the agreement quantity of theconcerned minor value item, shall be paid at 98% of the rate awarded forthat item in that particular tender; d.(iii) Variation in quantities of individualminor value item beyond 200% will be avoided and would be permitted onlyin exceptional unavoidable circumstances and shall be paid at 96% of therate awarded for that item in that particular tender.

No No Not Allowed

1.4(iv) In case of earthwork, the variation limit of 25% shall apply to the grossquantity of earthwork and variation in the quantities of individualclassifications of soil shall not be subject to this limit.

No No Not Allowed

1.5(v) In case of foundation work, no variation limit shall apply and the workshall be carried out by the Contractor on agreed rates irrespective of anyvariation.

No No Not Allowed

1.6

(vi) As far as SOR items are concerned, the limit of 25% would apply to thevalue 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 individualitems irrespective of the manner of quoting the rate (single percentage rateor individual item rate).

No No Not Allowed

1.7

(3)Valuation of Variations: The enlargements, extensions, diminution,reduction, alterations or additions referred to in Sub-Clause (2) of thisClause shall in no degree affect the validity of the contract; but shall beperformed by the Contractor as provided therein and be subject to thesame conditions, stipulations and obligations as if they had been originallyand expressively included and provided for in the Specifications andDrawings and the amounts to be paid therefor shall be calculated inaccordance with the accepted Schedule of Rates. Any extraitems/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-39of these Conditions.

No No Not Allowed

2

Provisions of Payments of Wages Act: The Contractor shall comply with theprovisions of the Payment of Wages Act, 1936 and the rules madethereunder in respect of all employees employed by him either directly orthrough petty Contractors or sub-contractors in the works. If in compliancewith the terms of the contract, the Contractor directly or through pettyContractors or sub-contractors shall supply any labour to be used wholly orpartly under the direct orders and control of the Engineer whether inconnection with the works to be executed hereunder or otherwise for thepurpose of the Engineer, such labour shall nevertheless be deemed tocomprise persons employed by the Contractor and any moneys which maybe ordered to be paid by the Engineer shall be deemed to be moneyspayable by the Engineer on behalf of the Contractor and the Engineer mayon failure of the Contractor to repay such money to the Railways deduct thesame from any moneys due to the Contractor in terms of the contract. TheRailway shall be entitled to recover the same from Contractor'sbills/Security Deposit or any other dues of Contractor with the Governmentof India all moneys paid or payable by the Railway by way of compensationof aforesaid or for costs of expenses in connection with any claim theretoand the decision of the Engineer upon any question arising out of the effector force of this Clause shall be final and binding upon the Contractor.

No No Not Allowed

2.1 A.Provisions of Contract Labour (Regulation and Abolition) Act, 1970: No No Not Allowed

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2.1.1

A.(1)The Contractor shall comply with the provision of the contract labour(Regulation and Abolition) Act, 1970 and the Contract labour (Regulationand Abolition) Central Rules 1971 as modified from time to time, whereverapplicable and shall also indemnify the Railway from and against anyclaims under the aforesaid Act and the Rules.

No No Not Allowed

2.1.2

A.(2)The Contractor shall obtain a valid license under the aforesaid Act asmodified from time to time before the commencement of the work andcontinue to have a valid license until the completion of the work. Any failureto fulfill the requirement shall attract the penal provision of the Act.

No No Not Allowed

2.1.3

A.(3)The Contractor shall pay to the labour employed by him directly orthrough sub-contractors the wages as per provision of the aforesaid Actand the Rules wherever applicable. The Contractor shall notwithstandingthe provisions of the contract to the contrary, cause to be paid the wages tolabour, indirectly engaged on the works including any engaged by sub-contractors in connection with the said work, as if the labour had beenimmediately employed by him.

No No Not Allowed

2.1.4

A.(4)In respect of all labour directly or indirectly employed in the work forperformance of the Contractor's part of the contract, the Contractor shallcomply with or cause to be complied with the provisions of the aforesaid Actand Rules wherever applicable.

No No Not Allowed

2.1.5

A.(5)In every case in which, by virtue of the provisions of the aforesaid Actor the rules, the Railway is obliged to pay any amount of wages to aworkman employed by the Contractor or his sub-contractor in execution ofthe work or to incur any expenditure on account of the contingent, liability ofthe Railway due to the Contractor's failure to fulfill his statutory obligationsunder the aforesaid Act or the rules, the Railway will recover from theContractor, the amount of wages so paid or the amount of expenditure soincurred and without prejudice to the rights of the Railway under theSection 20, Sub-Section (2) and Section 2, Sub-Section (4) of the aforesaidAct, the Railway shall be at liberty to recover such amount or part thereoffrom Contractor's bills/Security Deposit or any other dues of Contractor withthe 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 of the aforesaid Act except on the written request of theContractor and upon his giving to the Railway full security for all costs forwhich the Railway might become liable in contesting such claim. Thedecision of the Chief Engineer regarding the amount actually recoverablefrom the Contractor as stated above shall be final and binding on theContractor.

No No Not Allowed

2.2

B. Provisions of Employees Provident Fund and Miscellaneous ProvisionsAct, 1952:The Contractor shall comply with the provisions of Para 30 & 36-B of the Employees Provident Fund Scheme, 1952; Para 3 & 4 ofEmployees' Pension Scheme, 1995; and Para 7 & 8 of Employees DepositLinked Insurance Scheme, 1976; as modified from time to time throughenactment of "Employees Provident Fund & Miscellaneous Provisions Act,1952", wherever applicable and shall also indemnify the Railway from andagainst any claims under the aforesaid Act and the Rules.

No No Not Allowed

2.3

C (i) Contractor is to abide by the provisions of Payment of Wages act &Minimum Wages act in terms of clause 54 and 55 of Indian RailwaysGeneral Condition of Contract. In order to ensure the same, an applicationhas been developed and hosted on website'www.shramikkalyan.indianrailways.gov.in'. Contractor shall register hisfirm/company etc. and upload requisite details of labour and their paymentin this portal. These details shall be available in public domain. TheRegistration/ updation of Portal shall be done as under:

No No Not Allowed

2.3.1

(a)Contractor shall apply for onetime registration of his company/firm etc. inthe Shramikkalyan portal with requisite details subsequent to issue of Letterof Acceptance. Engineer shall approve the contractor's registration in theportal within 7 days of receipt of such request.

No No Not Allowed

2.3.2(b)Contractor once approved by any Engineer, can create password withlogin ID (PAN No.) for subsequent use of portal for all LoAs issued in hisfavour.

No No Not Allowed

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2.3.3

(c)The contractor once registered on the portal, shall provide details of hisLetter of Acceptances (LoA) / Contract Agreements on shramikkalyanportal within 15 days of issue of any LoA for approval of concernedengineer. Engineer shall update (if required) and approve the details of LoAfilled by contractor within 7 days of receipt of such request.

No No Not Allowed

2.3.4(d)After approval of LoA by Engineer, contractor shall fill the salient detailsof contract labours engaged in the contract and ensure updating of eachwage payment to them on shramikkalyan portal on monthly basis.

No No Not Allowed

2.3.5(e)It shall be mandatory upon the contractor to ensure correct and promptuploading of all salient details of engaged contractual labour & paymentsmade thereof after each wage period.

No No Not Allowed

2.3.6

(ii) While processing payment of any 'On Account bill' or 'Final bill' orrelease of 'Advances' or 'Performance Guarantee / Security deposit',contractor shall submit a certificate to the Engineer or Engineer'srepresentatives that "I have uploaded the correct details of contract laboursengaged in connection with this contract and payments made to themduring the wage period in Railway's Shramikkalyan portal at'www.shramikkalyan.indianrailways.gov.in' till ____Month, ____Year."

No No Not Allowed

2.4

D. Provisions of "The Building and Other Construction Workers (Regulationof Employment and Conditions of Service) Act, 1996" and "The Buildingand Other Construction Workers' Welfare Cess Act, 1996": The tenderers,for carrying out any construction work, shall get themselves registered withthe Registering Officer under Section-7 of the Building and OtherConstruction Workers Act, 1996 and rules made thereto by the concernedState Govt., and submit certificate of Registration issued from theRegistering Officer of the concerned State Govt. (Labour Dept.). The Cessshall be deducted from contractor's bills as per provisions of the Act.

No No Not Allowed

3Tender Form: Tender Forms shall embody the contents of the contractdocuments either directly or by reference and shall be as per specimenform.

No No Not Allowed

4 Earnest Money: No No Not Allowed

4.1

(a)The tenderer shall be required to deposit earnest money with the tenderfor the due performance with the stipulation to keep the offer open till suchdate as specified in the tender, under the conditions of tender. The earnestmoney shall be as under: Value of the Work Earnest Money Deposit (EMD)For works estimated to cost up to 1 crore-2% of the estimated cost of thework For works estimated to cost more than 1 crore-2 lakh plus ½% (halfpercent) of the excess of the estimated cost of work beyond 1 crore subjectto a maximum of 1 crore Note: (i)The earnest money shall be rounded tothe nearest 100. This earnest money shall be applicable for all modes oftendering. (ii)Any firm recognized by Department of Industrial Policy andPromotion (DIPP) as 'Startups' shall be exempted from payment of earnestmoney deposit detailed above.

No No Not Allowed

4.2

(b) It shall be understood that the tender documents have been issued tothe tenderer and the tenderer is permitted to tender in consideration ofstipulation on his part, that after submitting his tender he will not resile fromhis offer or modify the terms and conditions thereof in a manner notacceptable to the Engineer. Should the tenderer fail to observe or complywith the said stipulation, the aforesaid amount shall be liable to be forfeitedto the Railway.

No No Not Allowed

4.3

(c) If his tender is accepted this earnest money mentioned in sub clause (a)above will be retained as part security for the due and faithful fulfillment ofthe contract in terms of Clause 16 of the Standard General Conditions ofContract. The Earnest Money of other Tenderers shall, save as hereinbefore provided, be returned to them, but the Railway shall not beresponsible for any loss or depreciation that may happen thereto while intheir possession, nor be liable to pay interest thereon.

No No Not Allowed

4.4(2) The Earnest Money shall be deposited in cash through e paymentgateway or as mentioned in tender documents.

No No Not Allowed

5 Care in Submission of Tenders: No No Not Allowed

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5.1

(a) (i)Before submitting a tender, the tenderer will be deemed to havesatisfied himself by actual inspection of the site and locality of the works,that all conditions liable to be encountered during the execution of theworks are taken into account and that the rates he enters in the tenderforms are adequate and all inclusive to accord with the provisions inClause-37 of the Standard General Conditions of Contract for thecompletion of works to the entire satisfaction of the Engineer.

No No Not Allowed

5.2

(a)(ii)Tenderers will examine the various provisions of The Central Goodsand Services Tax Act, 2017(CGST)/ Integrated Goods and Services TaxAct, 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 totime and applicable taxes before bidding. Tenderers will ensure that fullbenefit of Input Tax Credit (ITC) likely to be availed by them is dulyconsidered while quoting rates.

No No Not Allowed

5.3

(a)(iii)The successful tenderer who is liable to be registered underCGST/IGST/UTGST/SGST Act shall submit GSTIN along with other detailsrequired under CGST/IGST/UTGST/SGST Act to railway immediately afterthe award of contract, without which no payment shall be released to theContractor. The Contractor shall be responsible for deposition of applicableGST to the concerned authority.

No No Not Allowed

5.4

(a)(iv)In case the successful tenderer is not liable to be registered underCGST/IGST/UTGST/ SGST Act, the railway shall deduct the applicableGST from his/their bills under reverse charge mechanism (RCM) anddeposit the same to the concerned authority.

No No Not Allowed

5.5(b)When work is tendered for by a firm or company, the tender shall besigned by the individual legally authorized to enter into commitments ontheir behalf.

No No Not Allowed

5.6

(c)The Railway will not be bound by any power of attorney granted by thetenderer or by changes in the composition of the firm made subsequent tothe execution of the contract. It may, however, recognize such power ofattorney and changes after obtaining proper legal advice, the cost of whichwill be chargeable to the Contractor.

No No Not Allowed

6

The tenderer shall upload scanned copies of financial instruments such asmandatory credentials such as experience, turn over Certificates and anyother documents as applicable. In case of submission of any fakecredentials by the tenderer, Railway reserves the right to forfeit earnestmoney. No communication shall be made/entertained and no opportunityshall be given after closing of tender.

No No Not Allowed

7In case of any unavoidable occurrence viz. Strike, bundh, holiday etc. theopening of tender will be done on next working day.

No No Not Allowed

8The tenderer should have sufficient in house experience and qualifiedtechnical personal capable of execution of work.

No No Not Allowed

9 The tenderer should have sufficient machinery and plants. No No Not Allowed

10

Right of Railway to Deal with Tenders: The Railway reserves the right of notto invite tenders for any of Railway work or works or to invite open or limitedtenders and when tenders are called to accept a tender in whole or in partor reject any tender or all tenders without assigning reasons for any suchaction.

No No Not Allowed

11 Partnership Deeds, Power of Attorney etc.: No No Not Allowed

11.1

(i)The tenderer shall clearly specify whether the tender is submitted on hisown (Proprietary Firm) or on behalf of a Partnership Firm / company / JointVenture (JV) / Registered Society / Registered Trust etc. The tenderer(s)shall enclose the attested copies of the constitution of their concern, andcopy of PAN Card along with their tender. Tender Documents in such casesare to be signed by such persons as may be legally competent to sign themon behalf of the firm, company, association, trust or society, as the casemay be.

No No Not Allowed

11.2(ii)In case tenderer is other than sole proprietorship firm, followingdocuments shall be submitted by the tenderer:

No No Not Allowed

11.2.1

(a) Partnership Firm: The tenderer shall submit (i) a copy of PartnershipDeed and (ii) a copy of Power of Attorney (duly registered as per prevailinglaw) in favour of an individual to sign the tender documents and createliability against the Firm.

No No Not Allowed

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11.2.2(b) Joint Venture (JV): The tenderer shall submit documents as mentionedin Clause 17 of the Tender Form (Second Sheet)of GCC-2018.

No No Not Allowed

11.2.3

(c) Company registered under Companies Act-2013: The tenderer shallsubmit (i) the copies of MOA (Memorandum of Association) / AOA (Articlesof Association) of the company; and (ii) A copy of Authorization/Power ofAttorney issued by the Company (backed by the resolution of Board ofDirectors) in favour of the individual to sign the tender on behalf of thecompany and create liability against the company.

No No Not Allowed

11.2.4

(d) LLP (Limited Liability Partnership) Firm: If the tender is submitted onbehalf of a LLP Firm registered under LLP Act-2008, the tenderer shallsubmit alongwith the tender- (i) a copy of LLP Agreement, (ii) a copy ofCertificate of Incorporation; and (iii) a copy of Power ofAttorney/Authorisation issued by the LLP Firm in favour of the individual tosign the tender on behalf of the LLP Firm and create liability against theFirm.

No No Not Allowed

11.2.5

(e) Registered Society & Registered Trust: The tenderer shall submit (i) acopy of the Certificate of Registration, (ii) Deed of Formation; and (iii) acopy of Power of Attorney in favour of the individual to sign the tenderdocuments and create liability against the Society/Trust.

No No Not Allowed

11.3

(iii)If it is NOT mentioned in the submitted tender that tender is beingsubmitted on behalf of a Sole Proprietorship firm / Partnership firm / JointVenture / Registered Company etc., then the tender shall be treated ashaving been submitted by the individual who has signed the tender.

No No Not Allowed

11.4

(iv)After opening of the tender, any document pertaining to the constitutionof Sole Proprietorship Firm / Partnership Firm / Registered Company/Registered Trust / Registered Society etc. shall be neither asked norconsidered, if submitted.

No No Not Allowed

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

No No Not Allowed

11.6

(vi)The Railway will not be bound by any change in the composition of thefirm made subsequent to the submission of tender. Railway may, however,recognize such power of attorney and changes after obtaining proper legaladvice, the cost of which will be chargeable to the Contractor.

No No Not Allowed

12

The tenderer whether sole proprietor, a company or a partnership firm /joint venture (JV) / registered society / registered trust etc if they want to actthrough agent or individual partner(s), should submit along with the tender,a copy of power of attorney duly stamped and authenticated by a NotaryPublic or by Magistrate in favour of the specific person whether he/they bepartner(s) of the firm or any other person specifically authorizing him/themto submit the tender, sign the agreement, receive money, co-ordinatemeasurements through contractor's authorized engineer, witnessmeasurements, sign measurement books, compromise, settle, relinquishany claim(s) preferred by the firm and sign "No Claim Certificate" and referall or any disputes to arbitration.

No No Not Allowed

13 Employment/Partnership etc. of Retired Railway Employees: No No Not Allowed

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13.1

(a) Should a tenderer be a retired Engineer of the gazetted rank or anyother gazetted officer working before his retirement, whether in theexecutive or administrative capacity or whether holding a pensionable postor not, in the Engineering or any other department of any of the railwaysowned and administered by the President of India for the time being, orshould a tenderer being partnership firm / company / joint venture (JV) /registered society / registered trust etc have as one of its partners a retiredEngineer or retired gazetted officer as aforesaid, or should a tendererbeing an incorporated company have any such retired Engineer or retiredofficer as one of its directors or should a tenderer have in his employmentany retired Engineer or retired gazetted officer as aforesaid, the fullinformation as to the date of retirement of such Engineer or gazetted officerfrom the said service and in case where such Engineer or officer had notretired from government service at least 1 year prior to the date ofsubmission of the tender as to whether permission for taking such contract,or if the Contractor be a partnership firm or an incorporated company, tobecome a partner or director as the case may be, or to take theemployment under the Contractor, has been obtained by the tenderer orthe Engineer or officer, as the case may be from the President of India orany officer, duly authorized by him in this behalf, shall be clearly stated inwriting at the time of submitting the tender. Tenders without the informationabove referred to or a statement to the effect that no such retired Engineeror retired gazetted officer is so associated with the tenderer, as the casemay be, shall be rejected.

No No Not Allowed

13.2

(b) Should a tenderer or Contractor being an individual on the list ofapproved Contractors, have a relative(s) or in the case of partnership firm/company / joint venture (jv) / registered society / registered trust etc. one ormore of his shareholder(s) or a relative(s) of the shareholder(s) employedin gazetted capacity in the Engineering or any other department of the NErailway, the authority inviting tenders shall be informed of the fact at thetime of submission of tender, failing which the tender may bedisqualified/rejected or if such fact subsequently comes to light, the contractmay be rescinded in accordance with provision in clause 62 of standardgeneral conditions of contract.

No No Not Allowed

14 Participation of Partnership Firms in works tenders: No No Not Allowed

14.1The Partnership Firms participating in the tender should be legally validunder the provisions of the Indian Partnership Act.

No No Not Allowed

14.2

The partnership firm should have been in existence or should have beenformed prior to submission of tender. Partnership firm should have eitherbeen registered with the Registrar or the partnership deed should havebeen notarized prior to date of tender opening as per the IndianPartnership Act.

No No Not Allowed

14.3

Separate identity / name should be given to the partnership firm. Thepartnership 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 beconsidered. The valid constituents of the firm shall be called partners.

No No Not Allowed

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14.4

Once the tender has been submitted, the constitution of the firm shall notbe allowed to be modified / altered / terminated during the validity of thetender as well as the currency of the contract except when modificationbecomes inevitable due to succession laws etc., in which case priorpermission should be taken from Railway and in any case the minimumeligibility criteria should not get vitiated. The re-constitution of firm in suchcases should be followed by a notary certified Supplementary Deed. Theapproval for change of constitution of the firm, in any case, shall be at thesole discretion of the Railways and the tenderer shall have no claims what-so-ever. Any change in the constitution of Partnership firm after opening oftender shall be with the consent of all partners and with the signatures of allpartners as that in the Partnership Deed. Failure to observe thisrequirement shall render the offer invalid and full EMD shall be forfeited. Ifany Partner/s withdraws from the firm after opening of the tender andbefore the award of the contract, the offer shall be rejected. If any newpartner joins the firm after opening of tender but prior to award of contract,his / her credentials shall not qualify for consideration towards eligibilitycriteria either individually or in proportion to his share in the previous firm.In case the tenderer fails to inform Railway beforehand about any suchchanges / modification in the constitution which is inevitable due tosuccession laws etc. and the contract is awarded to such firm, then it will beconsidered a breach of the contract conditions liable for determination ofthe contract under Clause 62 of General Conditions of Contract.

No No Not Allowed

14.5A partner of the firm shall not be permitted to participate either in hisindividual capacity or as a partner of any other firm in the same tender.

No No Not Allowed

14.6

The tender form shall be submitted only in the name of partnership firm.The EMD shall be deposited by partnership firm through e-paymentgateway or as mentioned in tender document. The EMD submitted in thename of any individual partner or in the name of authorized partner (s)shall not be considered.

No No Not Allowed

14.7

One or more of the partners of the firm or any other person (s) shall bedesignated as the authorized person (s) on behalf of the firm, who will beauthorized by all the partners to act on behalf of the firm through a "Powerof Attorney", specially authorizing him / them to submit & sign the tender,sign the agreement, receive payment, witness measurements, signmeasurement 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 inrespect of the said tender / contract. Such "Power of Attorney" shall benotarized / registered and submitted along with the tender.

No No Not Allowed

14.8

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

No No Not Allowed

14.9On issue of Letter of Acceptance (LOA), contract agreement withpartnership firm shall be executed in the name of the firm only and not inthe name of any individual partner.

No No Not Allowed

14.10In case the Letter of Acceptance (LOA) is issued to a partnership firm, thefollowing undertakings shall be furnished by all the partners through anotarized affidavit, before signing of contract agreement.

No No Not Allowed

14.10.1

(a)Joint and several liabilities: The partners of the firm to which the Letter ofAcceptance (LOA) is issued, shall be jointly and severally liable to theRailway for execution of the contract in accordance with General andSpecial Conditions of the Contract. The partners shall also be liable jointlyand severally for the loss, damages caused to the Railway during thecourse of execution of the contract or due to non-execution of the contractor part thereof.

No No Not Allowed

14.10.2

(b)Duration of the partnership deed and partnership firm agreement: Thepartnership deed/partnership firm agreement shall normally not bemodified/altered/ terminated during the currency of contract and themaintenance period after the work is completed as contemplated in theconditions of the contract. Any change carried out by partners in theconstitution of the firm without permission of Railway, shall constitute abreach of the contract, liable for determination of the contract under Clause62 of the General Conditions of Contract.

No No Not Allowed

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14.10.3(c)Governing laws: The partnership firm agreement shall in all respect begoverned by and interpreted in accordance with the Indian laws.

No No Not Allowed

14.10.4(d)No partner of the firm shall have the right to assign or transfer theinterest right or liability in the contract without the written consent of theother partner/s and that of the Railway.

No No Not Allowed

14.11The tenderer shall clearly specify that the tender is submitted on behalf of apartnership firm. The following documents shall be submitted by thepartnership firm, with the tender:

No No Not Allowed

14.11.1 (a)A copy of partnership deed. No No Not Allowed

14.11.2(b)A copy of Power of Attorney (duly registered as per prevailing law) infavour of the individual to tender for the work, sign the agreement etc. andcreate liability against the firm.

No No Not Allowed

14.11.3

(c)An undertaking by all partners of the partnership firm that they are notblacklisted or debarred by Railways or any other Ministry / Department ofthe Govt. of India / any State Govt. from participation in tenders / contractsas on the date of opening of bids, either in their individual capacity or in anyfirm in which they were / are partners. Concealment / wrong information inregard to above shall make the contract liable for determination underClause 62 of the General Conditions of Contract.

No No Not Allowed

14.12Evaluation of eligibility of a partnership firm: Technical and financialeligibility of the firm shall be adjudged based on satisfactory fulfillment ofthe eligibility criteria laid down in Clause 10 above by the partnership firm.

No No Not Allowed

15Performance Guarantee:The procedure for obtaining PerformanceGuarantee is outlined below:

No No Not Allowed

15.1

(a) The successful bidder shall have to submit a Performance Guarantee(PG) within 21 (Twenty one) days from the date of issue of Letter ofAcceptance (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 begiven by the Authority who is competent to sign the contract agreement.However, a penal interest of 12% per annum shall be charged for the delaybeyond 21(Twenty one) days, i.e. from 22nd day after the date of issue ofLOA. Further, if the 60th day happens to be a declared holiday in theconcerned office of the Railway, submission of PG can be accepted on thenext working day. In all other cases, if the Contractor fails to submit therequisite PG even after 60 days from the date of issue of LOA, the contractis liable to be terminated. In case contract is terminated railway shall beentitled to forfeit Earnest Money Deposit and other dues payable againstthat contract. In case a tenderer has not submitted Earnest Money Depositon the strength of their registration as a Startup recognized by Departmentof Industrial Policy and Promotion (DIPP) under Ministry of Commerce andIndustry, DIPP shall be informed to this effect. The failed Contractor shallbe debarred from participating in re-tender for that work.

No No Not Allowed

15.2

(b)The successful bidder shall submit the Performance Guarantee (PG) inany of the following forms, amounting to 5% of the contract value: (i)Adeposit of Cash; (ii) Irrevocable Bank Guarantee; (iii)Government Securitiesincluding State Loan Bonds at 5% below the market value; (iv) DepositReceipts, Pay Orders, Demand Drafts and Guarantee Bonds. These formsof Performance Guarantee could be either of the State Bank of India or ofany of the Nationalized Banks; (v)Guarantee Bonds executed or DepositsReceipts tendered by all Scheduled Banks; (vi)Deposit in the Post OfficeSaving Bank; (vii)Deposit in the National Savings Certificates; (viii) Twelveyears National Defence Certificates; (ix)Ten years Defence Deposits;(x)National Defence Bonds and (xi)Unit Trust Certificates at 5% belowmarket value or at the face value whichever is less. Also, FDR in favour ofFA&CAO (free from any encumbrance) may be accepted.

No No Not Allowed

15.3

(c)The Performance Guarantee shall be submitted by the successful bidderafter the Letter of Acceptance (LOA) has been issued, but before signing ofthe contract agreement. This P.G. shall be initially valid upto the stipulateddate of completion plus 60 days beyond that. In case, the time forcompletion of work gets extended, the Contractor shall get the validity ofP.G. extended to cover such extended time for completion of work plus 60days.

No No Not Allowed

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15.4

(d)The value of PG to be submitted by the Contractor will not change forvariation upto 25% (either increase or decrease). In case during the courseof execution, value of the contract increases by more than 25% of theoriginal contract value, an additional Performance Guarantee amounting to5% (five percent) for the excess value over the original contract value shallbe deposited by the Contractor. On the other hand, if the value of contractdecreases by more than 25% of the original contract value, PerformanceGuarantee amounting to 5% (five percent) of the decrease in the contractvalue shall be returned to the Contractor. The PG amount in excess ofrequired PG for decreased contract value, available with Railways, shall bereturned to Contractor as per his request duly safeguarding the interest ofrailways.

No No Not Allowed

15.5

(e)The Performance Guarantee (PG) shall be released after physicalcompletion of the work based on 'Completion Certificate' issued by thecompetent authority stating that the Contractor has completed the work inall respects satisfactorily.

No No Not Allowed

15.6(f)Whenever the contract is rescinded, the Performance Guarantee alreadysubmitted for the contract shall be encashed in addition to forfeiture ofSecurity Deposit available with railway.

No No Not Allowed

15.7

(g)The Engineer shall not make a claim under the Performance Guaranteeexcept for amounts to which the President of India is entitled under thecontract (not withstanding and/or without prejudice to any other provisionsin the contract agreement) in the event of: (i)Failure by the Contractor toextend the validity of the Performance Guarantee as described hereinabove, in which event the Engineer may claim the full amount of thePerformance Guarantee. (ii)Failure by the Contractor to pay President ofIndia any amount due, either as agreed by the Contractor or determinedunder any of the Clauses/Conditions of the Agreement, within 30 days ofthe service of notice to this effect by Engineer. (iii)The Contract beingdetermined or rescinded under clause 62 of the GCC.

No No Not Allowed

16

Security Deposit: The Earnest Money deposited by the Contractor with histender will be retained by the Railways as part of security for the due andfaithful fulfillment of the contract by the Contractor. The Security Depositshall be 5% of the contract value. Security Deposit may be deposited by theContractor before release of first on account bill in cash or Term DepositReceipt issued from Scheduled Bank, or may be recovered at the rate of10% of the bill amount till the full Security Deposit is recovered. Providedalso that in case of defaulting Contractor, the Railway may retain anyamount due for payment to the Contractor on the pending "on account bills"so that the amounts so retained (including amount guaranteed throughPerformance Guarantee) may not exceed 10% of the total value of thecontract. Further, in case of contracts having value equal to or more than50 crore (Rs Fifty crore) the Security Deposit may be deposited as BankGuarantee Bond also, issued by a scheduled bank after execution ofcontract documents, but before payment of 1st on account bill. Providedfurther that the validity of Bank Guarantee Bond shall be extended fromtime to time, depending upon extension of contract granted in terms ofClause 17 of the Standard General Conditions of Contract. Further, in caseSecurity Deposit has been submitted as Term Deposit Receipt/BankGuarantee Bond in full amount, the Earnest Money deposited by theContractor with his tender will be returned by the Railways. Note: After thework is physically completed as certified by competent authority, SecurityDeposit recovered from the running bills of a Contractor can be returned tohim, if he so desires, in lieu of Term Deposit Receipt/irrevocable BankGuarantee for equivalent amount from Scheduled Bank, to be submitted byhim.

No No Not Allowed

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16.1

(i) Refund of Security Deposit: Security Deposit mentioned in sub clause (1)above shall be returned to the Contractor after the following: (a)FinalPayment of the Contract as per clause 51.(1) and (b)Signature of FinalSupplementary Agreement or Certification by Engineer that Railway has NoClaim on Contractor and (c)Issue of Maintenance Certificate on expiry ofthe maintenance period as per clause 50.(1). 16. (2) (ii) Forfeiture ofSecurity Deposit: Whenever the contract is rescinded as a whole underclause 62 (1) of GCC, the Security Deposit already with railways under thecontract shall be forfeited. However, in case the contract is rescinded inpart or parts under clause 62 (1) of GCC, the Security Deposit shall not beforfeited.

No No Not Allowed

16.2

No interest shall be payable upon the Earnest Money and Security Depositor amounts payable to the Contractor under the Contract, but GovernmentSecurities deposited in terms of GCC-2018 Sub-Clause 16.(4)(b) of thisclause will be payable with interest accrued thereon.

No No Not Allowed

17

(1) Adherence to Specifications and Drawings: The whole of the works shallbe executed in perfect conformity with the specifications and drawings ofthe contract. If Contractor performs any works in a manner contrary to thespecifications or drawings or any of them and without such reference to theEngineer, he shall bear all the costs arising or ensuing therefrom and shallbe responsible for all loss to the Railway.

No No Not Allowed

17.1

(2) Drawings and Specifications of the Works: The Contractor shall keepone copy of Drawings and Specifications at the site, in good order, andsuch contract documents as may be necessary, available to the Engineeror the Engineer's Representative.

No No Not Allowed

17.2

(3) Ownership of Drawings and Specifications: All Drawings andSpecifications and copies thereof furnished by the Railway to theContractor are deemed to be the property of the Railway. They shall not beused on other works and with the exception of the signed contract set, shallbe returned by the Contractor to the Railway on completion of the work ortermination of the Contract.

No No Not Allowed

17.3

(4) Compliance with Contractor's Request for Details: The Engineer shallfurnish with reasonable promptness, after receipt by him of the Contractor'srequest, additional instructions by means of drawings or otherwise,necessary for the proper execution of the works or any part thereof. Allsuch drawings and instructions shall be consistent with the ContractDocuments and reasonably inferable therefrom.

No No Not Allowed

17.4

(5) Meaning and Intent of Specification and Drawings: If any ambiguityarises as to the meaning and intent of any portion of the Specifications andDrawings or as to execution or quality of any work or material, or as to themeasurements of the works the decision of the Engineer thereon shall befinal subject to the appeal (within 7 days of such decision being intimated tothe Contractor) to the Chief Engineer who shall have the power to correctany errors, omissions, or discrepancies in aforementioned items and whosedecision in the matter in dispute or doubt shall be final and conclusive.

No No Not Allowed

18 Provision of Efficient and Competent Staff at Work Sites by the Contractor: No No Not Allowed

18.1

The Contractor shall place and keep on the works at all times efficient andcompetent staff to give the necessary directions to his workmen and to seethat they execute their work in sound & proper manner and shall employonly such supervisors, workmen & labourers in or about the execution ofany of these works as are careful and skilled in the various trades.

No No Not Allowed

18.2

The Contractor shall at once remove from the works any agents, permittedsub-contractor, supervisor, workman or labourer who shall be objected toby the Engineer and if and whenever required by the Engineer, he shallsubmit a correct return showing the names of all staff and workmenemployed by him.

No No Not Allowed

18.3

In the event of the Engineer being of the opinion that the Contractor is notemploying on the works a sufficient number of staff and workmen as isnecessary for proper completion of the works within the time prescribed,the Contractor shall forthwith on receiving intimation to this effect deploythe additional number of staff and labour as specified by the Engineerwithin seven days of being so required and failure on the part of theContractor to comply with such instructions will entitle the Railway torescind the contract under Clause 62 of GCC-2018 conditions.

No No Not Allowed

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19

Contractor's understanding: It is understood and agreed that the Contractorhas, by careful examination, satisfied himself as to the nature and locationof the work, the conformation of the ground, the character, quality andquantity of the materials to be encountered, the character of equipmentand facilities needed preliminary to and during the progress of the works,the general and local conditions, the labour conditions prevailing thereinand all other matters which can in any way affect the works under thecontract.

No No Not Allowed

20

Commencement of Works: The Contractor shall commence the workswithin 15 days after the receipt by him of an order in writing to this effectfrom the Engineer and shall proceed with the same with due expedition andwithout delay.

No No Not Allowed

21

Accepted Programme of Work: The Contractor who has been awarded thework shall as soon as possible but not later than 30 days after the date ofreceipt of the acceptance letter in respect of contracts with initial completionperiod of two years or less or not later than 90 days for other contractshave to submit the detailed programme of work indicating the timeschedule of various items of works in the form of Bar Chart/PERT/CPM. Heshall also submit the details of organisation (in terms of labour andsupervisors), plant and machinery that he intends to utilize (from time totime) for execution of the work within stipulated date of completion. Theprogramme of work amended as necessary by discussions with theEngineer, shall be treated as the agreed programme of the work for thepurpose of this contract and the Contractor shall endeavor to fulfill thisprogramme of work. The progress of work will be watched accordingly andthe liquidated damages will be with reference to the overall completiondate. Nothing stated herein shall preclude the Contractor in achievingearlier completion of item or whole of the works than indicated in theprogramme.

No No Not Allowed

22

Setting out of Works: The Contractor shall be responsible for the correctsetting out of all works in relation to original points, lines and levels ofreference at his cost. The Contractor shall execute the work true toalignment, grade, levels and dimensions as shown in the drawing and asdirected by the Engineer's representative and check these at frequentintervals. The Contractor shall provide all facilities like labour andinstruments and shall co-operate with the Engineer's representative forchecking of all alignment, grades, levels and dimensions. If, at any time,during the progress of the works any error appear or arise in any part ofthe work, the Contractor, on being required so to do by the Engineer'srepresentative shall, at his own cost rectify such errors, to the satisfactionof the Engineer's representative. Such checking shall not absolve theContractor of his own responsibility of maintaining accuracy in the work.The Contractor shall carefully protect and preserve all bench marks, sightrails, pegs and other things used in setting out the work.

No No Not Allowed

23

Workmanship and Testing: The whole of the works and/or supply ofmaterials specified and provided in the contract or that may be necessaryto be done in order to form and complete any part thereof shall beexecuted in the best and most substantial workman like manner withmaterials of the best and most approved quality of their respective kinds,agreeable to the particulars contained in or implied by the specificationsand as referred to in and represented by the drawings or in such otheradditional particulars, instructions and drawings given during the carryingon of the works and to the entire satisfaction of the Engineer according tothe instructions and directions which the Contractors may from time to timereceive from the Engineer. The materials may be subjected to tests bymeans of such machines, instruments and appliances as the Engineer maydirect and wholly at the expense of the Contractor.

No No Not Allowed

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23.1

Removal of Improper Work and Materials: The Engineer or the Engineer'sRepresentative shall be entitled to order from time to time: (a) The removalfrom the site, within the time specified in the order, of any materials whichin his opinion are not in accordance with the specifications or drawings. (b)The substitution of proper and suitable materials, and (c) the removal andproper re-execution, notwithstanding any previous tests thereof or onaccount payments therefor, of any work which in respect of materials orworkmanship is not in his opinion in accordance with the specifications andin case of default on the part of the Contractor in carrying out such order,the Railway shall be entitled to rescind the contract under Clause 62 ofthese conditions.

No No Not Allowed

24 Rates for Items of Works: No No Not Allowed

24.1

The rates, entered in the accepted Schedule of Rates of the Contract areintended to provide for works duly and properly completed in accordancewith the General and Special (if any) Conditions of the Contract and theSpecifications and drawings together with such enlargements, extensions,diminutions, reductions, alterations or additions as may be ordered in termsof Clause 42 of these conditions and without prejudice to the generalitythereof and shall be deemed to include and cover superintendence andlabour, 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 plantrequired on the works, except such tools, plant or materials as may bespecified in the contract to be supplied to the Contractor by the Railway, theerection, maintenance and removal of all temporary works and buildings, allwatching, lighting, bailing, pumping and draining, all prevention of orcompensation for trespass, all barriers and arrangements for the safety ofthe public or of employees during the execution of works, all sanitary andmedical arrangements for labour camps as may be prescribed by theRailway, the setting of all work and of the construction, repair and upkeepof all centre lines, bench marks and level pegs thereon, site clearance, allfees duties, royalties, rent and compensation to owners for surface damageor taxes and impositions payable to local authorities in respect of land,structures and all material supplied for the work or other duties or expensesfor which the Contractor may become liable or may be put to under anyprovision of law for the purpose of or in connection with the execution of thecontract and all such other incidental charges or contingencies as mayhave been specially provided for in the Specifications. However, if rates ofexisting GST or cess on GST for Works Contract is increased or any newtax /cess on Works Contract is imposed by Statute after the date of openingof tender but within the original date of completion/date of completionextended under clause 17 & 17A of GCC-2018 and the Contractorthereupon properly pays such taxes/cess, the Contractor shall bereimbursed 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 isdecreased / removed by Statute after the date of opening of tender, thereduction in tax amount shall be recovered from Contractor's bills/SecurityDeposit or any other dues of Contractor with the Government of India.

No No Not Allowed

25

1)Rates for Extra Items of Works: Any item of work carried out by theContractor on the instructions of the Engineer which is not included in theaccepted Schedules of Rates shall be executed at the rates set forth in the"Schedule of Rates of Railway" modified by the tender percentage, and forsuch items not contained in the latter, at the rate agreed upon between theEngineer and the Contractor before the execution of such items of workand the Contractors shall be bound to notify the Engineer at least sevendays before the necessity arises for the execution of such items of worksthat the accepted Schedule of Rates does not include rate or rates for theextra work involved. The rates payable for such items shall be decided atthe meeting to be held between the Engineer and Contractor, in as short aperiod as possible after the need for the special item has come to thenotice. In case the Contractor fails to attend the meeting after being notifiedto do so or in the event of no settlement being arrived at, the Railway shallbe entitled to execute the extra works by other means and the Contractorshall have no claim for loss or damage that may result from suchprocedure.

No No Not Allowed

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25.1

(2)Provided that if the Contractor commences work or incurs anyexpenditure in regard thereto before the rates as determined and agreedupon as lastly hereuntofore-mentioned, then and in such a case theContractor shall only be entitled to be paid in respect of the work carriedout or expenditure incurred by him prior to the date of determination of therates as aforesaid according to the rates as shall be fixed by the Engineer.However, if the Contractor is not satisfied with the decision of the Engineerin this respect, he may appeal to the Chief Engineer within 30 days ofgetting the decision of the Engineer, supported by analysis of the ratesclaimed. The Chief Engineer's decision after hearing both the parties in thematter would be final and binding on the Contractor and the Railway.

No No Not Allowed

26

(1)Handing over of Works: The Contractor shall be bound to hand over theworks executed under the contract to the Railway complete in all respectsto the satisfaction of the Engineer. The Engineer shall determine the dateon which the work is considered to have been completed, in support ofwhich his certificate shall be regarded as sufficient evidence for allpurposes. The Engineer shall determine from time to time, the date onwhich any particular section of the work shall have been completed, andthe Contractor shall be bound to observe any such determination of theEngineer.

No No Not Allowed

26.1

(2)Clearance of Site on Completion: On completion of the works, theContractor shall clear away and remove from the site all constructionalplant, surplus materials, rubbish and temporary works of every kind andleave the whole of the site and works clean and in a workman like conditionto the satisfaction of the Engineer. No final payment in settlement of theaccounts for the works shall be paid, held to be due or shall be made tothe, Contractor till, in addition to any other condition necessary for finalpayment, site clearance shall have been affected by him, and suchclearance may be made by the Engineer at the expense of the Contractorin the event of his failure to comply with this provision within 7 days afterreceiving notice to that effect. Should it become necessary for the Engineerto have the site cleared at the expenses of the Contractor, the Railway shallnot be held liable for any loss or damage to such of the Contractor'sproperty as may be on the site and due to such removal there from whichremoval may be affected by means of public sales of such materials andproperty or in such a way as deemed fit and convenient to the Engineer.

No No Not Allowed

27

Modification to Contract to be in Writing: In the event of any of theprovisions of the contract required to be modified after the contractdocuments have been signed, the modifications shall be made in writingand signed by the Railway and the Contractor and no work shall proceedunder such modifications until this has been done. Any verbal or writtenarrangement abandoning, modifying, extending, reducing or supplementingthe contract or any of the terms thereof shall be deemed conditional andshall not be binding on the Railway unless and until the same isincorporated in a formal instrument and signed by the Railway and theContractor, and till then the Railway shall have the right to repudiate sucharrangements.

No No Not Allowed

28

(1)Powers of Modification to Contract: The Engineer on behalf of theRailway shall be entitled by order in writing to enlarge or extend, diminish orreduce the works or make any alterations in their design, characterposition, site, quantities, dimensions or in the method of their execution orin 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 theContractor will not be entitled, to any compensation for anyincrease/reduction in the quantities of work but will be paid only for theactual amount of work done and for approved materials supplied against aspecific order.

No No Not Allowed

28.1

(2)(i) Unless otherwise specified in the special conditions of the contract,the accepted variation in quantity of each individual item of the contractwould be upto 25% of the quantity originally contracted, except in case offoundation work.

No No Not Allowed

28.2(ii) The Contractor shall be bound to carry out the work at the agreed ratesand shall not be entitled to any claim or any compensation whatsoever uptothe limit of 25% variation in quantity of individual item of works.

No No Not Allowed

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28.3(iii) In case an increase in quantity of an individual item by more than 25%of the agreement quantity is considered unavoidable, then same shall beexecuted at following rates

No No Not Allowed

28.3.1(a)Quantities operated in excess of 125% but upto 140% of the agreementquantity of the concerned item, shall be paid at 98% of the rate awarded forthat item in that particular tender;

No No Not Allowed

28.3.2(b)Quantities operated in excess of 140% but upto 150% of the agreementquantity of the concerned item shall be paid at 96% of the rate awarded forthat item in that particular tender;

No No Not Allowed

28.3.3

(c)Variation in quantities of individual items beyond 150% will be avoidedand would be permitted only in exceptional unavoidable circumstances andshall be paid at 96% of the rate awarded for that item in that particulartender.

No No Not Allowed

28.3.4

(d)Variation to quantities of Minor Value Item: The limit for varyingquantities for minor value items shall be 100% (as against 25% prescribedfor other items). A minor value item for this purpose is defined as an itemwhose original agreement value is less than 1 % of the total originalagreement value. d.(i) Quantities operated upto and including 100% of theagreement quantity of the concerned minor value item, shall be paid at therate awarded for that item in that particular tender; d.(ii)Quantities operatedin excess of 100% but upto 200% of the agreement quantity of theconcerned minor value item, shall be paid at 98% of the rate awarded forthat item in that particular tender; d.(iii) Variation in quantities of individualminor value item beyond 200% will be avoided and would be permitted onlyin exceptional unavoidable circumstances and shall be paid at 96% of therate awarded for that item in that particular tender.

No No Not Allowed

28.4(iv) In case of earthwork, the variation limit of 25% shall apply to the grossquantity of earthwork and variation in the quantities of individualclassifications of soil shall not be subject to this limit.

No No Not Allowed

28.5(v) In case of foundation work, no variation limit shall apply and the workshall be carried out by the Contractor on agreed rates irrespective of anyvariation.

No No Not Allowed

28.6

(vi) As far as SOR items are concerned, the limit of 25% would apply to thevalue 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 individualitems irrespective of the manner of quoting the rate (single percentage rateor individual item rate).

No No Not Allowed

28.7

(3)Valuation of Variations: The enlargements, extensions, diminution,reduction, alterations or additions referred to in Sub-Clause (2) of thisClause shall in no degree affect the validity of the contract; but shall beperformed by the Contractor as provided therein and be subject to thesame conditions, stipulations and obligations as if they had been originallyand expressively included and provided for in the Specifications andDrawings and the amounts to be paid therefor shall be calculated inaccordance with the accepted Schedule of Rates. Any extraitems/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-39of these Conditions.

No No Not Allowed

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29

Wages to Labour: The Contractor shall be responsible to ensurecompliance with the provision of the Minimum Wages Act, 1948 (hereinafterreferred to as the "said Act") and the Rules made thereunder in respect ofany employees directly or through petty Contractors or sub-contractorsemployed by him for the purpose of carrying out this contract. If, incompliance with the terms of the contract, the Contractor supplied anylabour to be used wholly or partly under the direct orders and control of theRailways whether in connection with any work being executed by theContractor or otherwise for the purpose of the Railway such labour shall,for the purpose of this Clause, still be deemed to be persons employed bythe Contractor. If any moneys shall, as a result of any claim or applicationmade under the said Act be directed to be paid by the Railway, such moneyshall be deemed to be moneys payable to the Railway by the Contractorand on failure by the Contractor to repay the Railway any moneys paid by itas aforesaid within seven days after the same shall have been demanded,the Railways shall be entitled to recover the same from Contractor'sbills/Security Deposit or any other dues of Contractor with the Governmentof India.

No No Not Allowed

29.1

A.Apprentices Act: The Contractor shall be responsible to ensurecompliance with the provisions of the Apprentices Act, 1961 and the Rulesand Orders issued thereunder from time to time in respect of apprenticesdirectly or through petty Contractors or sub-contractors employed by himfor the purpose of carrying out the Contract. If the Contractor directly orthrough petty Contractors or sub-contractors fails to do so, his failure will bea breach of the contract and the Railway may, in its discretion, rescind thecontract. The Contractor shall also be liable for any pecuniary liabilityarising on account of any violation of the provisions of the Act.

No No Not Allowed

30

Provisions of Payments of Wages Act: The Contractor shall comply with theprovisions of the Payment of Wages Act, 1936 and the rules madethereunder in respect of all employees employed by him either directly orthrough petty Contractors or sub-contractors in the works. If in compliancewith the terms of the contract, the Contractor directly or through pettyContractors or sub-contractors shall supply any labour to be used wholly orpartly under the direct orders and control of the Engineer whether inconnection with the works to be executed hereunder or otherwise for thepurpose of the Engineer, such labour shall nevertheless be deemed tocomprise persons employed by the Contractor and any moneys which maybe ordered to be paid by the Engineer shall be deemed to be moneyspayable by the Engineer on behalf of the Contractor and the Engineer mayon failure of the Contractor to repay such money to the Railways deduct thesame from any moneys due to the Contractor in terms of the contract. TheRailway shall be entitled to recover the same from Contractor'sbills/Security Deposit or any other dues of Contractor with the Governmentof India all moneys paid or payable by the Railway by way of compensationof aforesaid or for costs of expenses in connection with any claim theretoand the decision of the Engineer upon any question arising out of the effector force of this Clause shall be final and binding upon the Contractor.

No No Not Allowed

30.1 A.Provisions of Contract Labour (Regulation and Abolition) Act, 1970: No No Not Allowed

30.1.1

A.(1)The Contractor shall comply with the provision of the contract labour(Regulation and Abolition) Act, 1970 and the Contract labour (Regulationand Abolition) Central Rules 1971 as modified from time to time, whereverapplicable and shall also indemnify the Railway from and against anyclaims under the aforesaid Act and the Rules.

No No Not Allowed

30.1.2

A.(2)The Contractor shall obtain a valid license under the aforesaid Act asmodified from time to time before the commencement of the work andcontinue to have a valid license until the completion of the work. Any failureto fulfill the requirement shall attract the penal provision of the Act.

No No Not Allowed

30.1.3

A.(3)The Contractor shall pay to the labour employed by him directly orthrough sub-contractors the wages as per provision of the aforesaid Actand the Rules wherever applicable. The Contractor shall notwithstandingthe provisions of the contract to the contrary, cause to be paid the wages tolabour, indirectly engaged on the works including any engaged by sub-contractors in connection with the said work, as if the labour had beenimmediately employed by him.

No No Not Allowed

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30.1.4

A.(4)In respect of all labour directly or indirectly employed in the work forperformance of the Contractor's part of the contract, the Contractor shallcomply with or cause to be complied with the provisions of the aforesaid Actand Rules wherever applicable.

No No Not Allowed

30.1.5

A.(5)In every case in which, by virtue of the provisions of the aforesaid Actor the rules, the Railway is obliged to pay any amount of wages to aworkman employed by the Contractor or his sub-contractor in execution ofthe work or to incur any expenditure on account of the contingent, liability ofthe Railway due to the Contractor's failure to fulfill his statutory obligationsunder the aforesaid Act or the rules, the Railway will recover from theContractor, the amount of wages so paid or the amount of expenditure soincurred and without prejudice to the rights of the Railway under theSection 20, Sub-Section (2) and Section 2, Sub-Section (4) of the aforesaidAct, the Railway shall be at liberty to recover such amount or part thereoffrom Contractor's bills/Security Deposit or any other dues of Contractor withthe 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 of the aforesaid Act except on the written request of theContractor and upon his giving to the Railway full security for all costs forwhich the Railway might become liable in contesting such claim. Thedecision of the Chief Engineer regarding the amount actually recoverablefrom the Contractor as stated above shall be final and binding on theContractor.

No No Not Allowed

30.2

B. Provisions of Employees Provident Fund and Miscellaneous ProvisionsAct, 1952:The Contractor shall comply with the provisions of Para 30 & 36-B of the Employees Provident Fund Scheme, 1952; Para 3 & 4 ofEmployees' Pension Scheme, 1995; and Para 7 & 8 of Employees DepositLinked Insurance Scheme, 1976; as modified from time to time throughenactment of "Employees Provident Fund & Miscellaneous Provisions Act,1952", wherever applicable and shall also indemnify the Railway from andagainst any claims under the aforesaid Act and the Rules.

No No Not Allowed

30.3

C (i) Contractor is to abide by the provisions of Payment of Wages act &Minimum Wages act in terms of clause 54 and 55 of Indian RailwaysGeneral Condition of Contract. In order to ensure the same, an applicationhas been developed and hosted on website'www.shramikkalyan.indianrailways.gov.in'. Contractor shall register hisfirm/company etc. and upload requisite details of labour and their paymentin this portal. These details shall be available in public domain. TheRegistration/ updation of Portal shall be done as under:

No No Not Allowed

30.3.1

(a)Contractor shall apply for onetime registration of his company/firm etc. inthe Shramikkalyan portal with requisite details subsequent to issue of Letterof Acceptance. Engineer shall approve the contractor's registration in theportal within 7 days of receipt of such request.

No No Not Allowed

30.3.2(b)Contractor once approved by any Engineer, can create password withlogin ID (PAN No.) for subsequent use of portal for all LoAs issued in hisfavour.

No No Not Allowed

30.3.3

(c)The contractor once registered on the portal, shall provide details of hisLetter of Acceptances (LoA) / Contract Agreements on shramikkalyanportal within 15 days of issue of any LoA for approval of concernedengineer. Engineer shall update (if required) and approve the details of LoAfilled by contractor within 7 days of receipt of such request.

No No Not Allowed

30.3.4(d)After approval of LoA by Engineer, contractor shall fill the salient detailsof contract labours engaged in the contract and ensure updating of eachwage payment to them on shramikkalyan portal on monthly basis.

No No Not Allowed

30.3.5(e)It shall be mandatory upon the contractor to ensure correct and promptuploading of all salient details of engaged contractual labour & paymentsmade thereof after each wage period.

No No Not Allowed

30.3.6

(ii) While processing payment of any 'On Account bill' or 'Final bill' orrelease of 'Advances' or 'Performance Guarantee / Security deposit',contractor shall submit a certificate to the Engineer or Engineer'srepresentatives that "I have uploaded the correct details of contract laboursengaged in connection with this contract and payments made to themduring the wage period in Railway's Shramikkalyan portal at'www.shramikkalyan.indianrailways.gov.in' till ____Month, ____Year."

No No Not Allowed

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30.4

D. Provisions of "The Building and Other Construction Workers (Regulationof Employment and Conditions of Service) Act, 1996" and "The Buildingand Other Construction Workers' Welfare Cess Act, 1996": The tenderers,for carrying out any construction work, shall get themselves registered withthe Registering Officer under Section-7 of the Building and OtherConstruction Workers Act, 1996 and rules made thereto by the concernedState Govt., and submit certificate of Registration issued from theRegistering Officer of the concerned State Govt. (Labour Dept.). The Cessshall be deducted from contractor's bills as per provisions of the Act.

No No Not Allowed

31

Reconciliation of disputes: All disputes and differences of any kindwhatsoever arising out of or in connection with the contract, whether duringthe progress of the work or after its completion and whether before or afterthe determination of the contract, shall be referred by the Contractor to the"Chief Engineer" or "Divisional Railway Manager" through "Notice ofDispute" provided that no such notice shall be served later than 30 daysafter the date of issue of Completion Certificate by the Engineer. ChiefEngineer or Divisional Railway Manager shall, within 30 days after receiptof the Contractor's "Notice of Dispute", notify the name of conciliator(s) tothe Contractor. The Conciliator(s) shall assist the parties to reach anamicable settlement in an independent and impartial manner within theterms of contract. If the parties reach agreement on a settlement of thedispute, they shall draw up and sign a written settlement agreement dulysigned by Engineer In-charge, Contractor and conciliator(s). When theparties sign the settlement agreement, it shall be final and binding on theparties. The parties shall not initiate, during the conciliation proceedings,any arbitral or judicial proceedings in respect of a dispute that is the subjectmatter of the conciliation proceedings. The conciliation proceedings shallbe terminated: By the signing of the settlement agreement by the parties onthe date of agreement; or •By written declaration of the conciliator, afterconsultation with the parties, to the effect that further efforts at conciliationare no longer justified, on the date of declaration; or •By a writtendeclaration of any party to the conciliator to the effect that the conciliationproceedings are terminated, on the date of declaration; or

No No Not Allowed

31.1

1 Matters Finally Determined by the Railway: All disputes and differences ofany kind whatsoever arising out of or in connection with the contract,whether during the progress of the work or after its completion and whetherbefore or after the determination of the contract, shall be referred by theContractor to the GM and the GM shall, within 120 days after receipt of theContractor's representation, make and notify decisions on all mattersreferred to by the Contractor in writing provided that matters for whichprovision has been made in Clauses 8, 18, 22(5), 39, 43(2), 45(a), 55, 55-A(5), 57, 57A,61(1), 61(2) and 62(1) of Standard General Conditions ofContract or in any Clause of the Special Conditions of the Contract shall bedeemed as 'excepted matters' (matters not arbitrable) and decisions of theRailway authority, thereon shall be final and binding on the Contractor;provided further that 'excepted matters' shall stand specifically excludedfrom the purview of the Arbitration Clause.

No No Not Allowed

32 Demand for Arbitration: No No Not Allowed

32.1

(i) In the event of any dispute or difference between the parties hereto as tothe construction or operation of this contract, or the respective rights andliabilities of the parties on any matter in question, dispute or difference onany account or as to the withholding by the Railway of any certificate towhich the Contractor may claim to be entitled to, or if the Railway fails tomake a decision within 120 days, then and in any such case, but except inany of the "excepted matters" referred to in Clause 63.1 of theseConditions, the Contractor, after 120 days but within 180 days of hispresenting his final claim on disputed matters shall demand in writing thatthe dispute or difference be referred to arbitration.

No No Not Allowed

32.2

(ii)(a): The demand for arbitration shall specify the matters which are inquestion, or subject of the dispute or difference as also the amount of claimitem-wise. Only such dispute or difference, in respect of which the demandhas been made, together with counter claims or set off, given by theRailway, shall be referred to arbitration and other matters shall not beincluded in the reference.

No No Not Allowed

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32.3

(ii)(b): The parties may waive off the applicability of Sub-Section 12(5) ofArbitration and Conciliation (Amendment) Act 2015, if they agree for suchwaiver in writing, after dispute having arisen between them, in the formatgiven under Annexure XV of these conditions.

No No Not Allowed

32.4(iii)(a): The Arbitration proceedings shall be assumed to have commencedfrom the day, a written and valid demand for arbitration is received by theRailway.

No No Not Allowed

32.5

(iii)(b): The claimant shall submit his claims stating the facts supporting theclaims alongwith all the relevant documents and the relief or remedy soughtagainst each claim within a period of 30 days from the date of appointmentof the Arbitral Tribunal.

No No Not Allowed

32.6(iii)(c): The Railway shall submit its defence statement and counterclaim(s), if any, within a period of 60 days of receipt of copy of claims fromTribunal, unless otherwise extension has been granted by Tribunal

No No Not Allowed

32.7

(iii)(d): Place of Arbitration: The place of arbitration would be within thegeographical limits of the Division of the Railway where the cause of actionarose or the Headquarters of the concerned Railway or any other placewith the written consent of both the parties.

No No Not Allowed

32.8

(iv): No new claim shall be added during proceedings by either party.However, a party may amend or supplement the original claim or defensethereof during the course of arbitration proceedings subject to acceptanceby Tribunal having due regard to the delay in making it.

No No Not Allowed

32.9

(v): If the Contractor(s) does/do not prefer his/their specific and final claimsin writing, within a period of 90 days of receiving the intimation from theRailways that the final bill is ready for payment, he/they will be deemed tohave waived his/their claim(s) and the Railway shall be discharged andreleased of all liabilities under the contract in respect of these claims.

No No Not Allowed

32.10

Obligation During Pendency of Arbitration: Work under the contract shall,unless otherwise directed by the Engineer, continue during the arbitrationproceedings, and no payment due or payable by the Railway shall bewithheld on account of such proceedings, provided, however, it shall beopen for Arbitral Tribunal to consider and decide whether or not such workshould continue during arbitration proceedings.

No No Not Allowed

32.11 Appointment of Arbitrator: No No Not Allowed

32.11.1(a) : Appointment of Arbitrator where applicability of section 12 (5) ofArbitration and Conciliation Act has been waived off:

No No Not Allowed

32.11.2

(a)(i): In cases where the total value of all claims in question addedtogether does not exceed 1,00,00,000/- (Rupees One Crore), the ArbitralTribunal shall consist of a Sole Arbitrator who shall be a Gazetted Officer ofRailway not below Junior Administrative Grade, nominated by the GeneralManager. The sole arbitrator shall be appointed within 60 days from theday when a written and valid demand for arbitration is received by GeneralManager.

No No Not Allowed

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32.11.3

a)(ii): In cases not covered by the Clause 64(3)(a)(i), the Arbitral Tribunalshall consist of a panel of three Gazetted Railway Officers not below JuniorAdministrative Grade or 2 Railway Gazetted Officers not below JuniorAdministrative Grade and a retired Railway Officer, retired not below therank of Senior Administrative Grade Officer, as the arbitrators. For thispurpose, the Railway will send a panel of at least four (4) names ofGazetted Railway Officers of one or more departments of the Railwaywhich may also include the name(s) of retired Railway Officer(s)empanelled to work as Railway Arbitrator to the Contractor within 60 daysfrom the day when a written and valid demand for arbitration is received bythe General Manager. Contractor will be asked to suggest to GeneralManager at least 2 names out of the panel for appointment as Contractor'snominee within 30 days from the date of dispatch of the request byRailway. The General Manager shall appoint at least one out of them asthe Contractor's nominee and will, also simultaneously appoint the balancenumber of arbitrators either from the panel or from outside the panel, dulyindicating the 'presiding arbitrator' from amongst the 3 arbitrators soappointed. General Manager shall complete this exercise of appointing theArbitral Tribunal within 30 days from the receipt of the names ofContractor's nominees. While nominating the arbitrators, it will benecessary to ensure that one of them is from the Accounts Department. Anofficer of Selection Grade of the Accounts Department shall be consideredof equal status to the officers in Senior Administrative Grade of otherdepartments of the Railway for the purpose of appointment of arbitrator.

No No Not Allowed

32.11.4a).iii: The serving railway officer working in arbitral tribunal in the ongoingarbitration cases as per clause 64.(3)(a)(i) and clause 64.(3)(a)(ii) above,can continue as arbitrator in the tribunal even after his retirement.

No No Not Allowed

32.11.5b): Appointment of Arbitrator where applicability of Section 12 (5) ofArbitration and Conciliation Act has not been waived off:

No No Not Allowed

32.11.6

b(i) In cases where the total value of all claims in question added togetherdoes not exceed 50,00,000/- (Rupees Fifty Lakh), the Arbitral Tribunal shallconsist of a Retired Railway Officer, retired not below the rank of SeniorAdministrative Grade Officer, as the arbitrator. For this purpose, theRailway will send a panel of at least four (4) names of retired RailwayOfficer(s) empanelled to work as Railway Arbitrator duly indicating theirretirement dates to the Contractor within 60 days from the day when awritten and valid demand for arbitration is received by the GeneralManager. Contractor will be asked to suggest to General Manager at least2 names out of the panel for appointment as arbitrator within 30 days fromthe date of dispatch of the request by Railway. The General Manager shallappoint at least one out of them as the arbitrator.

No No Not Allowed

32.11.7

b(ii) In cases where the total value of all claims in question added togetherexceed 50,00,000/- (Rupees Fifty Lakh), the Arbitral Tribunal shall consistof a Panel of three (3) retired Railway Officer, retired not below the rank ofSenior 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 theirretirement date to the Contractor within 60 days from the day when awritten and valid demand for arbitration is received by the GeneralManager. Contractor will be asked to suggest to General Manager at least2 names out of the panel for appointment as Contractor's nominee within30 days from the date of dispatch of the request by Railway. The GeneralManager shall appoint at least one out of them as the Contractor's nomineeand will, also simultaneously appoint the balance number of arbitratorseither from the panel or from outside the panel, duly indicating the'Presiding Arbitrator' from amongst the 3 arbitrators so appointed. GeneralManager shall complete this exercise of appointing the Arbitral Tribunalwithin 30 days from the receipt of the names of Contractor's nominees.While nominating the arbitrators, it will be necessary to ensure that one ofthem has served in the Accounts Department.

No No Not Allowed

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32.11.8

c)(i): If one or more of the arbitrators appointed as above refuses to act asarbitrator, withdraws from his office as arbitrator, or vacates his/theiroffice/offices or is/are unable or unwilling to perform his functions asarbitrator for any reason whatsoever or dies or in the opinion of theGeneral Manager fails to act without undue delay, the General Managershall appoint new arbitrator/arbitrators to act in his/their place in the samemanner in which the earlier arbitrator/arbitrators had been appointed. Suchre-constituted Tribunal may, at its discretion, proceed with the referencefrom the stage at which it was left by the previous arbitrator (s).

No No Not Allowed

32.11.9

(c) (ii): (a) 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 the duty of the parties hereto to do or cause to be done allsuch things as may be necessary to enable the Arbitral Tribunal to makethe award without any delay. The proceedings shall normally be conductedon the basis of documents and written statements.

No No Not Allowed

32.11.10

c.ii(b) Before proceeding into the merits of any dispute, the Arbitral Tribunalshall first decide and pass its orders over any plea submitted/objectionsraised by any party, if any, regarding appointment of 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 any dispute, any violation of agreed procedure regardingconduct of the arbitral proceedings or plea for interim measures ofprotection and record its orders in day to day proceedings. A copy of theproceedings duly signed by all the members of tribunal should be providedto both the parties.

No No Not Allowed

32.11.11

(c)(iii): (i) Qualification of Arbitrator (s): (a) Serving Gazetted RailwayOfficers of not below JA Grade level. (b) Retired Railway Officers not belowSA Grade level, one year after his date of retirement. (c) Age of arbitratorat the time of appointment shall be below 70 years. (ii) An arbitrator may beappointed notwithstanding the total number of arbitration cases in which hehas been appointed in the past. (iii) While appointing arbitrator(s) underSub-Clause 64.(3)(a)(i), 64.(3)(a)(ii), 64.(3)(b)(i) & 64.(3)(b)(ii) above, duecare shall be taken that he/they is/are not the one/those who had anopportunity to deal with the matters to which the contract relates or who inthe course of his/their duties as Railway servant(s) expressed views on allor any of the matters under dispute or differences. A certification to thiseffect as per annexure- XVI shall be taken from Arbitrators also. Theproceedings of the Arbitral tribunal or the award made by such Tribunal will,however, not be invalid merely for the reason that one or more arbitratorhad, 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 expressedviews on all or any of the matters under dispute.

No No Not Allowed

32.11.12(d)(i): The arbitral award shall state item wise, the sum and reasons uponwhich it is based. The analysis and reasons shall be detailed enough sothat the award could be inferred therefrom.

No No Not Allowed

32.11.13

d)(ii): A party may apply for corrections of any computational errors, anytypographical or clerical errors or any other error of similar nature occurringin the award of a Tribunal and interpretation of a specific point of award toTribunal within 60 days of receipt of the award.

No No Not Allowed

32.11.14(d)(iii): A party may apply to Tribunal within 60 days of receipt of award tomake an additional award as to claims presented in the arbitralproceedings but omitted from the arbitral award

No No Not Allowed

32.12In case of the Tribunal, comprising of three members, any ruling on awardshall be made by a majority of members of Tribunal. In the absence of sucha majority, the views of the Presiding Arbitrator shall prevail.

No No Not Allowed

32.13Where the arbitral award is for the payment of money, no interest shall bepayable on whole or any part of the money for any period till the date onwhich the award is made.

No No Not Allowed

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32.14

The cost of arbitration shall be borne by the respective parties. The costshall inter-alia include fee of the arbitrator(s), as per the rates fixed byRailway Board from time to time and the fee shall be borne equally by boththe parties, provided parties sign an agreement in the format given atAnnexure XV to these condition after/ while referring these disputes toArbitration. Further, the fee payable to the arbitrator(s) would be governedby the instructions issued on the subject by Railway Board from time to timeirrespective of the fact whether the arbitrator(s) is/are appointed by theRailway Administration or by the court of law unless specifically directed byHon'ble court otherwise on the matter.

No No Not Allowed

32.15

Subject to the provisions of the aforesaid Arbitration and Conciliation Act1996 and the rules thereunder and relevant para of General Conditions ofContract (GCC) and any statutory modifications thereof shall apply to theappointment of arbitrators and arbitration proceedings under this Clause.

No No Not Allowed

33Rates are inclusive of all taxes / octroi, license fee, royalty charges etc.legally leviable by state, Central Government and/or any other localauthority.

No No Not Allowed

34

The contract shall be governed by the provision of GCC 2018 edition withup to date corrections thereto. INDIAN RAILWAY STANDARD GERNERALCONDITION OF CONTRACT is also available on the Indian Railwayswebsite. Tenderers are requested to visit the website and be aware of theTerms and Conditions of GCC-2018. All of the clause & sub-clausementioned in the tender form to be read in accordance with INDIANRAILWAY STANDARD GERNERAL CONDITION OF CONTRACT-2018.

No No Not Allowed

35

Price Variation Clause (PVC) :-Price Variation Clause (PVC) in WorksContract is dealt with in accordance with the provisions of item 46A of GCC-2018. In order to simplify and enhance the pace of the works, it has beendecided to remove the PVC clause in all works contract tenders havingvalue less than Rs. 5 Crore .(Ref. : Railways Board Letter No.2017/Trans/01/Policy Dated 08.02.2018)

No No Not Allowed

36

The Tenderer(s) shall quote his / their rates as a percentage above orbelow the Schedule of Rates of N.E. Railway as applicable to VaranasiDivision except where he/they are required to quote item rates and musttender for all the items shown in the Schedule of approximate quantities.The quantities shown in the Schedule are given as a guide and areapproximate only and are subject to variation according to the needs of theRailway. The Railway does not guarantee work under each item ofschedule.

No No Not Allowed

37

Transportation of material :- The contractor is entirely responsible and shallbear all expenses for loading, transport, handling and unloading etc. of allmaterials, equipments, machines, tools etc. from the sources of supply tothe site of work. The material to be supplied by Railway will be handed overto the contractor by the Consignee. Transportation of these materials up tothe site of work will be contractor's responsibility. The form 38 (Roadpermit) will not be issued by Railway on demand from the contractor.

No No Not Allowed

38

Inspection of sites before Tendering etc: - The tenderer(s) shall inspect theproposed site of work and acquaint himself/themselves with the sitecondition, working hours, lay of land, stacking space for materials,approach road, path available etc. No claim shall be entertained from thecontractor/s for making his/their own arrangements forapproaches/approach from outside Railway line.

No No Not Allowed

39

Arrangements of permits or license :Arrangement for permit and license formaterials will not be made by the Railway or any assistance given. Thecontractor will have to make his/their own arrangement. Also no importlicense shall be arranged by the Railway for this work.

No No Not Allowed

40

Determination of contract: -Without Prejudice to the foregoing it is reiteratedthat the Railway shall have the right to determine the contract in terms ofclause 61 and 62 of General conditions of contract (2018) in addition toexercising all the rights reserve to it there under.

No No Not Allowed

41 Execution of work:- No No Not Allowed

41.1

(i) All works must be carried out strictly in accordance with the approvedplans, standard drawings and specifications and should conform to theprovisions of Signal Engineering Manual and Schedule of dimensionswhere such are applicable. Deviation, if any, must have the prior approvalof the Divisional Railway Manager (S&T) Varanasi.

No No Not Allowed

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41.2(ii) Clearances prescribed under the schedule of dimension to ensuresafety shall be complied at all the times during execution of work to avoidhazards to moving trains.

No No Not Allowed

41.3(iii) At the discretion of the Engineer, the priorities of the works at thevarious locations may be altered by giving two days notice to thecontractor.

No No Not Allowed

41.4

(iv) The contractor shall have such materials inspected by authorizedrepresentative of Engineer-in-charge before commencing their installation.He will also produce necessary inspection certificate to prove that thematerials have already been passed by RDSO/ RITES where required. Hewill then make his arrangements for carrying the materials to the worksspot at his own cost. The contractor shall be responsible for checkingbefore taking delivery that all the materials given to him are in goodcondition.

No No Not Allowed

41.5

(v) The materials issued by the Railway shall be used solely andeconomically for the purpose of the works covered under this contract only.The materials shall be used in such quantities and manner as are indicatedin the schedule or in the relevant specifications or drawings or as approvedby the Engineer whose decision thereon shall be final. Wastage or damageto such materials in any manner shall not be caused by the contractor.

No No Not Allowed

41.6

(vi) The contractor shall be liable to render full accountable for thematerials issued by the Railway. If any quantity of the Railway materials isconsumed in excess or wasted or damaged or lost or otherwise notsatisfactorily accounted for, recovery shall be made from the contractor attwice the market rate of the materials prevailing at the time of last issue ofthe material.

No No Not Allowed

41.7

(vii) If at any time, any material or tool which the contractor would normallyhave to arrange for himself for execution of the work is supplied by theRailway either at the contractor's request or sub motto in order to preventpossible delay in the execution of the work due to contractor's inability tomake adequate arrangements for the supply thereof or otherwise, suchmaterials or tools will be made available to the contractor in the Railway'sstores. All handling thereof will be the contractor's responsibility. Recoveryof the cost of such supply will be made from the contractor's bill as perextent rules of the Railway.

No No Not Allowed

41.8

(viii) If the material is however not available in Railway stock or the Railwaydecides not to supply the same, whatever be the reason, the Railway shallnot be bound to arrange for the supply nor will this fact be accepted as anexcuse for delay in the execution of the work.

No No Not Allowed

41.9

(ix) The variation of quantity of work up to 25% shall in no degree affect thevalidity of the contract and shall be performed by the contractor as providedtherein and be subject to the same conditions, stipulations and obligationsoriginally included and approved for in specifications and drawings and theamount to be paid thereof shall be calculated in accordance with theaccepted rates of the schedule.

No No Not Allowed

41.10

(x) In the event of any reduction in the quantity of work to be executed forany reason whatsoever the contractor shall not be entitled to anycompensation but shall be paid only for the actual amount of work done inaccordance with the accepted rate of the schedule.

No No Not Allowed

41.11(xi) The contractor is bound to notify the Engineer at least seven daysbefore the necessity for the execution of any item in excess of 25% of thequantity provided in the agreement.

No No Not Allowed

41.12

(xii) In case the contractor fails to attend the meeting after being notified todo so or in the event of no agreement being arrived at the Railway shall beentitled to execute the extra work by other means and the contractor shallhave no claim for loss or damage that may result from such procedure.

No No Not Allowed

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41.13

(xiii) The contractor has to return any cut pieces of wire, cables, rails etc.that may be left out and any surplus materials from the work and otherpacking materials that might have been handed over to him. They shall betaken over by the Railway's representative.

No No Not Allowed

41.14(xiv) The contractor shall take proper written acknowledgement from theEngineer's representative for all the materials returned by him.

No No Not Allowed

41.15

(xv) All tools that are required by the contractor for the purpose oftransportation of materials, digging, concreting, welding etc. shall bebrought by the contractor himself. This shall include spare parts, fuel, andconsumable stores. The rates quoted by the contractor shall be deemed tobe inclusive of all charges for such items and inclusive of labour required toensure efficient and methodical execution of work.

No No Not Allowed

41.16

(xvi) Till the installation is completed and handed over in all respects to theRailway Engineer and operating department for safe trains working, thecontractor shall be responsible for the equipment installed. However, noinstallation should be commissioned without the same being taken over bythe Railway staff after proper testing of the equipment. For this purpose,the Railway Engineer will immediately after commissioning of theequipment give in writing a list of deficiencies to be put right to thecontractor. Where disconnection of points, circuits is involved to put rightthe deficiencies, such work shall be done by the contractor only under thesupervision of the Railway supervisory staff.

No No Not Allowed

42Consignee: The consignee for the work will be as under:SSE/Sig/BSB,SSE/Sig/CPR,SSE/Sig/SV & SSE/Sig/CTC/GKP.

No No Not Allowed

Special Conditions


RemarksAllowed

DocumentsUploading

1 Inspection and testing of materials: No No Not Allowed

1.1

(a) Materials supplied by contractor shall be in accordance with standardspecifications and drawings as approved by the Railway. Inspection ofmaterials will be done by the authorized representative of DRM (S&T) BSB, N.E. Railway at the contractor's premises before dispatch.

No No Not Allowed

1.2

(b) If a product, upon arrival at destination does not meet the requirements ofthe specification, it may be rejected in spite of any inspection alreadyconducted and the decision of DRM (S&T) BSB, N. E. Railway or his nomineeshall be final and binding in that regard and the same shall not be called inquestion.

No No Not Allowed

1.3

(c) The representative appointed for conducting inspection and tests of thematerials supplied by the contractor shall have full powers to reject all or anythat they may consider to be defective or of inferior in quality or material orworkmanship or design to what is called for in the specification.

No No Not Allowed

1.4 (d) Inspection charges of RDSO / RITES shall be borne by railway. No No Not Allowed

2 TIME OF COMPLETION: No No Not Allowed

2.1(a) The entire work as per Schedule should be completed within a mentionedperiod from the date of issue of letter of acceptance except for any delays dueto

No No Not Allowed

2.2 (b) Non-supply of material by the Railway Administration if any. No No Not Allowed

2.3(c) Decision not given by the Railway Administration on technical matter ifreferred to by the contractor.

No No Not Allowed

2.4 (d) Hindrance created by any other departments. No No Not Allowed

2.5

(e) Due to any force major clause. The delay in completion of works which isattributed by the contractor to the railway's cause mentioned above should beadvised in writing to the railway Engineer immediately by the contractor forrectification/investigation. If such advice in writing is not given, the delay willnot be accepted by the railway and no extension will be granted on thisaccount.

No No Not Allowed

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3

(i). Measurement of Works by Railway: The Contractor shall be paid for theworks at the rates in the accepted Schedule of Rates and for extra works atrates determined under Clause 39 of these Conditions on the measurementstaken by the Engineer or the Engineer's representative in accordance with therules prescribed for the purpose by the Railway. The quantities for items theunit of which in the accepted Schedule of Rates is 100 or 1000 shall becalculated to the nearest whole number, any fraction below half beingdropped and half and above being taken as one; for items the unit of which inthe accepted Schedule of Rates is single, the quantities shall be calculated totwo places of decimals. Such measurements will be taken of the work inprogress from time to time and at such intervals as in the opinion of theEngineer shall be proper having regard to the progress of works. The dateand time on which 'on account' or 'final' measurements are to be made shallbe communicated to the Contractor who shall be present at the site and shallsign the results of the measurements (which shall also be signed by theEngineer or the Engineer's representative) recorded in the officialmeasurements book as an acknowledgement of his acceptance of theaccuracy of the measurements. Failing the Contractor's attendance, the workmay be measured up in his absence and such measurements shall,notwithstanding such absence, be binding upon the Contractor whether or nothe shall have signed the measurement books provided always that anyobjection made by him to measurement shall be duly investigated andconsidered in the manner set out below:

No No Not Allowed

3.1

(a) It shall be open to the Contractor to take specific objection to any recordedmeasurements or Classification on any ground within seven days of the dateof such measurements. Any re-measurement taken by the Engineer or theEngineer's representative in the presence of the Contractor or in his absenceafter due notice has been given to him in consequence of objection made bythe Contractor shall be final and binding on the Contractor and no claimwhatsoever shall thereafter be entertained regarding the accuracy andClassification of the measurements.

No No Not Allowed

3.2(b) 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 inmeasurements.

No No Not Allowed

3.3(ii). Measurement of Works by Contractor's Authorized Representative (incase the contract provides for the same):

No No Not Allowed

3.4

(a) The Contractor shall be paid for the works at the rates in the acceptedSchedule of Rates and for extra works at rates determined under Clause 39of these Conditions on the measurements taken by the Contractor'sauthorized Engineer in accordance with the rules prescribed for the purposeby the Railway. The quantities for items the unit of which in the acceptedSchedule of Rates is 100 or 1000 shall be calculated to the nearest wholenumber, any fraction below half being dropped and half and above beingtaken as one; for items the unit of which in the accepted Schedule of Rates issingle, the quantities shall be calculated to two places of decimals. Suchmeasurements will be taken of the work in progress from time to time. Thedate and time on which 'on account' or 'final' measurements are to be madeshall be communicated to the Engineer. The date and time of test checksshall be communicated to the Contractor who shall be present at the site andshall witness the test checks, failing the Contractor's attendance the testchecks may be conducted in his absence and such test checks shall notwithstanding such absence be binding upon Contractor provided always thatany objection made by Contractor to test check shall be duly investigated andconsidered in the manner set out below:

No No Not Allowed

3.4.1

(i)It shall be open to the Contractor to take specific objection to test checks ofany recorded measurement within 7 days of date of such test checks. Any re-test check done by the concerned Railway's authority in the presence of theContractor or in his absence after due notice given to him in consequent ofobjection made by the Contractor shall be final and binding on the Contractorand no claim whatsoever shall thereafter be entertained regarding theaccuracy and classification of the measurements.

No No Not Allowed

3.4.2(ii)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 inmeasurements.

No No Not Allowed

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3.5

(b) Incorrect measurement, actions to be taken: If in case during test check orotherwise, it is detected by the Engineer that agency has claimed anyexaggerated measurement or has claimed any false measurement for theworks which have not been executed; amounting to variation of 5% or more ofclaimed gross bill amount, action shall be taken as following:

No No Not Allowed

3.5.1(i)On first occasion of noticing exaggerated/ false measurement, Engineershall impose a penalty of 10% of claimed gross bill value.

No No Not Allowed

3.5.2

(ii)On any next occasion of noticing any exaggerated/false measurement,railway shall impose penalty of 15% of claimed gross bill value. In addition thefacility of recording of measurements by Contractor as well as release ofprovisional payment shall be withdrawn. Once withdrawn, measurements shallbe done by railway as per GCC-2018 clause 45(i) above.

No No Not Allowed

4 MODE OF PAYMENT: - No No Not Allowed

4.1 Payment for those items which involve both " Supply and Installation" : No No Not Allowed

4.1.1

(i) 80% of the cost of schedule item will be paid on receipt of materials at thenominated stores depot duly inspected by inspecting authority subject to thefurnishing of Inspection certificates, receipt certificate, Challans and all otherrelevant documents as per rule.

No No Not Allowed

4.1.2 (ii)10% of cost of schedule item will be paid after the installation of materials. No No Not Allowed

4.1.3(iii) Balance 10% of the cost of material will be paid after the successfulcommissioning of the work/part of work(i.e. commissioning of work atindividual station).

No No Not Allowed

4.2 For those items involving "Supply only" : No No Not Allowed

4.2.1(i) 90% of the cost of the material supplied will be paid on receipt of materialsat the nominated stores duly inspected by the inspecting authority subject tofurnishing of Inspection certificate.

No No Not Allowed

4.2.2(ii) Balance 10% of the cost of materials supplied will be paid after thesuccessful commissioning of the work/part of work(i.e. commissioning of workat individual station).

No No Not Allowed

4.3 For those items involving "Designing/Installation/Erection only": No No Not Allowed

4.3.1 (i) 90% of the cost will be paid after completion of activity/part of activity. No No Not Allowed

4.3.2(ii) Balance 10% cost will be paid after the successful commissioning of thework/part of the work(i.e. commissioning of work at individual station)

No No Not Allowed

4.4No additional charges will be paid to the contractor for transporting to andfrom stores depot of Railway to the site of work including Railway material, ifany.

No No Not Allowed

4.5Necessary RDSO, IRS/TEC/DOT specification/drawing, if any required shallbe obtained by the tenderer at his own cost.

No No Not Allowed

5 INSPECTION :- No No Not Allowed

5.1a) Contractor shall submit call letter for inspection to consignee 7 ( Seven)days in advance with an intimation to Sr. DSTE, N.E. Railway , VARANASI ,

No No Not Allowed

5.2b) Contractor shall produce all other related materials required for the work atsite at his own cost for inspection by authorized representative of engineer-in-charge.

No No Not Allowed

5.3

c) All the materials inspected and passed shall be marked suitably by theinspecting official and are to be kept under contractor custody which will beused for execution only. However, Railway reserves the right to reject anymaterials, if found spoiled/damaged during transportation, for which thecontractor shall replace at his cost within 15 days of detection.

No No Not Allowed

5.4

d) Any materials reject by the inspecting official due to not being as per thespecification or not in proper condition, the same is to be removed by thecontractor within 7 days at his cost. For this the decision of inspecting officialshall final and binding on the contractor.

No No Not Allowed

6

In case the successful is not liable to be registered underCGST/IGST/UTGST/SGST Act, the railway shall deduct the applicable GSTfrom his/their under reverse charge mechanism (RCM) and deposit the sameto the concerned authority.

No No Not Allowed

7 Conditions for Letter of Credit (LC) arrangement. No No Not Allowed

7.1(i)For all the tenders having advertised cost of Rs 10 lakh or above, thecontractor shall have the option to take payment from Railways through aletter of credit (LC) arrangement.

No No Not Allowed

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7.2

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

No No Not Allowed

7.3 (iii)The option so exercised, shall be an integral part of the bidder's offer. No No Not Allowed

7.4(iv)The above option of taking payment through LC arrangement, onceexercised by tenderer at the time of bidding, shall be final and no change shallbe permitted, thereafter, during execution of contract.

No No Not Allowed

7.5(v)In case tenderer opts for payment through LC, following shall be theprocedure to deal release of payment through LC:

No No Not Allowed

7.5.1 (a) The LC shall be a sight LC No No Not Allowed

7.5.2(b)The contractor shall select his Advising/Negotiating bank for LC. Theincidental cost towards issue of LC and its operation thereof shall be borne bythe contractor.

No No Not Allowed

7.5.3

(c)SBI, New Delhi, Main Branch will be the nodal branch for issue of LCsbased on online requests received from Railway Accounts Units for tendersopened in financial year 2018-19. SBI branches where the respective RailwayAccounts Office has its Account (local SBI branch) will be theissuance/reimbursing branch for LC issued under this arrangement. The Bankshall remain same for this tender till completion of contract. The incidentalcost @ 0.15% per annum of LC value, towards issue of LC and operationthereof shall be borne by the contractor and shall be recovered from his bills.

No No Not Allowed

7.5.4

(d)The LC shall be opened initially for duration of 180 to 365 days inconsultation with contractor. The LC shall be extended time to time as per theprogress of the contract, on the request of the contractor. The value of LC tobe opened initially as well as extended thereafter shall be finalised by theengineer in consultation with the contractor on the basis of expected progressof work.

No No Not Allowed

7.5.5

(e)The LC terms and conditions shall inter-alia indemnify and save harmlessthe Railway from and against all losses, claims and demands of every natureand description brought or recovered against the Railways by reason of anyact or omission of the contractor, his ,agents or employees, in relation to theLetter of Credit (LC). All sums payable/borne by Railways on this accountshall be considered as reasonable compensation and paid by contractor.

No No Not Allowed

7.5.6

(f) The LC terms and conditions shall inter-alia provide that Railways will issuea Document of Authorisation (format enclosed as Annexure 2) after passingthe bill for completed work, to enable contractor to claim the authorizedamount from their bank.

No No Not Allowed

7.5.7(g)The acceptable, agreed upon document for payments to be releasedunder the LC shall be the Document of Authorisation.

No No Not Allowed

7.5.8(h)The Document of Authorisation shall be issued by Railway Accounts Officeagainst each bill passed by Railways.

No No Not Allowed

7.5.9

(i)On issuance of Document of Authorisation, a copy of Document ofAuthorisation shall be posted on IREPS for download by the contractor. Adigitally signed copy of Document of Authorisation shall also be sent byRailway Accounts Office to Railway's bank (Local SBI Branch).

No No Not Allowed

7.5.10

(j)The contractor shall take print out of the Document of Authorisationavailable on IREPS and present his claim to his bank (advising Bank) fornecessary payments as per LC terms and conditions. The claim shallcomprise of copy of Document of Authorisation, Bill of Exchange and Bill.

No No Not Allowed

7.5.11(k)The payment against LC shall be subject to verification from Railway'sBank (Local SBI Branch).

No No Not Allowed

7.5.12(l)The contractor's bank (advising bank) shall submit the documents to theRailway's Bank (Local SBI Branch).

No No Not Allowed

7.5.13

(m)The railway's bank (issuing bank) shall, after verifying the claim soreceived w.r.t. the digitally signed Document of Authorisation received fromRailway Accounts Office, release the payment to contractor's bank (advisingbank) for crediting the same to contractor's account.

No No Not Allowed

7.5.14(n)Any number of bills can be dealt within one LC, provided the sum total ofpayments to contractor is within the amount for which LC has been opened.

No No Not Allowed

7.5.15(o) The LC shall be closed after the release of final payment including PVCamount, if any, to the contractor.

No No Not Allowed

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7.5.16(p)The release of performance guarantee or security deposit shall be dealtdirectly by railway with the contractor i.e., not through LC.

No No Not Allowed

8

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 thiscontract shall be prevented or delayed by reason of any war, hostility, acts ofpublic enemy, civil commotion, sabotage, serious loss or damage by fire,explosions, epidemics, strikes, lockouts or acts of God (hereinafter, referredto events) provided, notice of the happening of any such event is given byeither 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 thiscontract nor shall either party have any claim for damages against the other inrespect of such non-performance or delay in performance, and works underthe contract shall be resumed as soon as practicable after such event hascome to an end or ceased to exist, and the decision of the Engineer as towhether 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 anyobligation under this contract is prevented or delayed by reason of any suchevent for a period exceeding 120 days, either party may at its optionterminate the contract by giving notice to the other party.

No No Not Allowed

8.1

A-Extension of Time in Contracts: Subject to any requirement in the contractas to completion of any portion or portions of the works before completion ofthe whole, the Contractor shall fully and finally complete the whole of theworks comprised in the contract (with such modifications as may be directedunder conditions of this contract) by the date entered in the contract orextended date in terms of the following clauses:

No No Not Allowed

8.1.1

(i)Extension due to Modification: If any modifications have been ordered whichin the opinion of the Engineer have materially increased the magnitude of thework, then such extension of the contracted date of completion may begranted as shall appear to the Engineer to be reasonable in thecircumstances, provided moreover that the Contractor shall be responsible forrequesting such extension of the date as may be considered necessary assoon as the cause thereof shall arise and in any case not less than one monthbefore the expiry of the date fixed for completion of the works.

No No Not Allowed

8.1.2

(ii)Extension for Delay not due to Railway or Contractor: If in the opinion of theEngineer, the progress of work has any time been delayed by any act orneglect of Railway's employees or by other Contractor employed by theRailway under Sub-Clause (4) of Clause 20 of GCC-2018 or in executing thework not forming part of the contract but on which Contractor's performancenecessarily depends or by reason of proceeding taken or threatened by ordispute with adjoining or to neighbouring owners or public authority arisingotherwise through the Contractor's own default etc. or by the delay authorizedby the Engineer pending arbitration or in consequences of the Contractor nothaving received in due time necessary instructions from the Railway for whichhe shall have specially applied in writing to the Engineer or his authorizedrepresentative then upon happening of any such event causing delay, theContractor shall immediately give notice thereof in writing to the Engineerwithin 15 days of such happening, but shall nevertheless make constantly hisbest endeavours to bring down or make good the delay and shall do all thatmay be reasonably required of him to the satisfaction of the Engineer toproceed with the works. The Contractor may also indicate the period for whichthe work is likely to be delayed and shall be bound to ask for necessaryextension of time. The Engineer on receipt of such request from theContractor shall consider the same and shall grant such extension of time asin his opinion is reasonable having regard to the nature and period of delayand the type and quantum of work affected thereby. No other compensationshall 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 suchextended period of time was originally provided in the original contract itself.

No No Not Allowed

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8.1.3

(iii)Extension for Delay due to Railways: In the event of any failure or delay bythe Railway to hand over the Contractor possession of the lands necessaryfor the execution of the works or to give the necessary notice to commencethe works or to provide the necessary drawings or instructions or any otherdelay caused by the Railway due to any other cause whatsoever, then suchfailure or delay shall in no way affect or vitiate the contract or alter thecharacter thereof or entitle the Contractor to damages or compensationtherefor, but in any such case, the Railway may grant such extension orextensions of the completion date as may be considered reasonable.

No No Not Allowed

8.2

B-Extension of Time for delay due to Contractor: (i) With liquidated Damage(LD): The time for the execution of the work or part of the works specified inthe contract documents shall be deemed to be the essence of the contractand the works must be completed not later than the date(s) as specified in thecontract. If the Contractor fails to complete the works within the time asspecified in the contract for the reasons other than the reasons specified inClause 17 and 17-A, the Railway may, if satisfied that the works can becompleted by the Contractor within reasonable short time thereafter, allow theContractor for further extension of time (Proforma) as the Engineer maydecide. On such extension the Railway will be entitled without prejudice to anyother right and remedy available on that behalf, to recover from theContractor as agreed damages and not by way of penalty for each week orpart of the week, a sum calculated at the following rates of the contract valueof the works. For the purpose of this Clause, the contract value of the worksshall be taken as value of work as per contract agreement including anysupplementary work order/contract agreement issued. Provided also, that thetotal 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 ofwork for which a separate distinct completion period is specified in thecontract. S.No. Duration of extension of time under Clause 17-B of GCC-2018Rate of Penalty (i)Up to Twenty percent of original period of completionincluding period of extension of DOC granted under Section 17A(i)As decidedby Engineer, between 0.01% to 0.10% of contract value for each week or partof the week (ii)Above Twenty percent but upto Thirty percent of original periodof completion including period of extension of DOC granted under Section17A(i)0.20% of contract value for each week or part of the week (iii)AboveThirty percent but upto Forty percent of original period of completion includingperiod of extension of DOC granted under Section 17A(i)0.30% of contractvalue for each week or part of the week (iv)Above Forty percent of originalperiod of completion including period of extension of DOC granted underSection 17A(i)0.50% of contract value for each week or part of the weekProvided further, that if the Railway is not satisfied that the works can becompleted by the Contractor and in the event of failure on the part of thecontractor to complete the work within further extension of time allowed asaforesaid, the Railway shall be entitled without prejudice to any other right orremedy available in that behalf, to appropriate the contractor's SecurityDeposit and rescind the contract under Clause 62 of these Conditions,whether or not actual damage is caused by such default.

No No Not Allowed

9 Warranty: No No Not Allowed

9.1i) The contractor shall guarantee satisfactory working of the entire installationwith all its equipment erected by them for a period of 12 months from the dateof commissioning of the work.

No No Not Allowed

9.2

(ii) The contractor shall warrant that every thing to be furnished hereundershall be free from all latent and patent defects and faults in materials,workmanship and manufacture and shall be of the highest grade andconsistent with the established and generally accepted standards formaterials of the type ordered and in full conformity with the contractspecifications, drawings or samples, any and shall if operable, operateproperly

No No Not Allowed

9.3

(iii) The warranty shall survive inspection of payment of or/and acceptance ofthe goods, but shall expire 12 months from the date of placing in service asreferred to in above clause. Any approval or acceptance by the Railway of thestores or of the materials incorporated herein shall not in any way limit theContractor's liability

No No Not Allowed

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9.4

(iv) During the period of warranty the contractor shall remain responsible toarrange replacement and for setting right at his own cost any equipmentinstalled by him which is of a defective material manufacture or design orbecomes unworkable due to any cause what-so-ever. The decision of theDRM (S&T) BSB, N. E. Railway in this regard to direct the contactor to attendto any damage or defect in work or arrange replacement of any part thereofshall be final and binding on the contractor.

No No Not Allowed

9.5

(v) The contractor shall, if required, replace or repair the goods or suchportion thereof as is rejected by the Railway, free of cost at the ultimatedestination or at the opinion of the Railway contractor shall pay to the Railwayvalue thereof at the contract price and such other expenditure and damagesas may arise by reason of the breach of the conditions herein specified.

No No Not Allowed

9.6

(vi) All replacements and repairs that the Railway shall call upon thecontractor to deliver or perform under this warranty shall be delivered andperformed by the contractor promptly and satisfactorily. If the contractor sodesired the replaced parts can be taken over by him or his representative fordisposal as he deems fit within period of 3 months from the date ofreplacement of goods/parts. At the expiry of this period no claim whatsoevershall lie on the Railway.

No No Not Allowed

9.7

(vii) The decision of the DRM (S&T) BSB, N. E. Railway in regard tocontractor's liability to attend to any damage or defect in work arrange orreplacement of any part thereof and the amount, if any, payable under thiswarranty shall be final binding and conclusive.

No No Not Allowed

10 Inspection and testing of materials: No No Not Allowed

10.1

(a) Materials supplied by contractor shall be in accordance with standardspecifications and drawings as approved by the Railway. Inspection ofmaterials will be done by the authorized representative of DRM (S&T) BSB, N.E. Railway at the contractor's premises before dispatch.

No No Not Allowed

10.2

(b) If a product, upon arrival at destination does not meet the requirements ofthe specification, it may be rejected in spite of any inspection alreadyconducted and the decision of DRM (S&T) BSB, N. E. Railway or his nomineeshall be final and binding in that regard and the same shall not be called inquestion.

No No Not Allowed

10.3

(c) The representative appointed for conducting inspection and tests of thematerials supplied by the contractor shall have full powers to reject all or anythat they may consider to be defective or of inferior in quality or material orworkmanship or design to what is called for in the specification.

No No Not Allowed

10.4 (d) Inspection charges of RDSO / RITES shall be borne by railway. No No Not Allowed

6. Documents attached with tender

S.No. Document Name Document Description

1 Undertaking.pdf Undertaking

2 SCCforAMC.pdf Special Conditions

3 Affadavit18-19-52.pdf Affadavit

4 BankMandateForm.pdf Bank Mandate

5 List.pdf List of IPS

6 Annexure-2forcLC.pdf Annexure

This tender complies with Public Procurement Policy (Make in India) Order 2017, dated 15/06/2017, issued byDepartment of Industrial Promotion and Policy, Ministry of Commerce, circulated vide Railway Board letter no.2015/RS(G)/779/5 dated 03/08/2017 and 27/12/2017.

Signed By: TRIAMBAK TIWARI

Designation : Sr.DSTE-II-BSB

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