VARANASI DIVISION-S AND T/NORTH EASTERN RLY

TENDER DOCUMENT
Tender No: N-539-2-OT-19-20-11 Closing Date/Time: 11/06/2019 15:00

DRM/S T acting for and on behalf of The President of India invites E-Tenders against Tender No N-539-2-OT-19-20-11 Closing
Date/Time 11/06/2019 15:00 Hrs. Bidders will be able to submit their original/revised bids upto closing date and time only. Manual offers
are 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 only
payment modes available on IREPS portal like net banking, debit card, credit card etc. Manual payments through Demand draft, Banker
cheque, Deposit receipts, FDR etc. are not allowed.

1. NIT HEADER

Addition/Alteration work in Existing Electronics Interlocking System of "Medha Make"

including design, programming, installation, supply, testing & commissioning to RDSO spec
Name of Work no. RDSO/SPN/192/2005 or latest (with latest amendment) along with indoor and outdoor
work at SYH station in connection with LHS & Closing of Level crossing gate no.2 at Km.
167/2-3 bet.ARJ-SYH of BSB Division.
Bidding type Normal Tender
Tender Type Open Bidding System Single Packet System
Tender Closing Date Time 11/06/2019 15:00 Date Time Of Uploading Tender 07/05/2019 16:14
Pre-Bid Required No Pre-Bid Query Date Time Not Applicable
Advertised Value 1149957.77 Tendering Section WORKS
Bidding Style Single Rate for Each Schedule Bidding Unit
Earnest Money (Rs.) 23000.00 Validity of Offer ( Days) 45
Tender Doc. Cost (Rs.) 2000.00 Period of Completion 90 Days
Contract Type Works Contract Category Expenditure
Are Joint Venture (JV) firms
Bidding Start Date 28/05/2019 No
allowed to bid
Ranking Order For Bids Lowest to Highest

2. SCHEDULE

S.No. Item Item Qty Qty Unit Unit Rate Basic Value Escl.(%) Amount Bidding Unit
Code
Above/
Schedule A-Indoor Work 1093488.48
Below/Par
1 1.00 Job 575000.00 575000.00 AT Par 575000.00
1 Item Description:- Modification of existing interface & application logics circuits design including FAT & SAT as
per the modified and approved application logic.
2 1.00 Job 75000.00 75000.00 AT Par 75000.00
2
Item Description:- Modification to the application software of VDU & MT.
3 1.00 Job 350000.00 350000.00 AT Par 350000.00
3 Item Description:- Alterations to the relay rack wiring as per the modified interface circuits and the supply of
necessary wiring material.
4 1.00 Job 25000.00 25000.00 AT Par 25000.00
4
Item Description:- Commissioning of EI System.
5 1.00 Job 27140.00 27140.00 AT Par 27140.00
5
Item Description:- Modification in existing domino type operating cum indication panel.
6 1.00 Job 41348.48 41348.48 AT Par 41348.48
6 Item Description:- Database entry, Validation of inputs , Simulation modification, Fault Logics preparation and
Testing and commissioning of Datalogger.

S.No. Item Code Item Qty Qty Unit Unit Rate Basic Value Escl.(%) Amount Bidding Unit
Above/
Schedule B-Outdoor work 56469.29
Below/Par
1 1.00 Numbers 11522.91 11522.91 AT Par 11522.91
1 Item Description:- Supply of CLS unit 2 Aspect as per Drg No. 23003 A/M ( Adv ) but without lamp, lenses,
holder and signal transformer as per the technical specification attached, Inspection-Consignee.
2 1.00 Numbers 16150.47 16150.47 AT Par 16150.47
Item Description:- Supply of CLS unit 3 Aspect as per Drg No. 23002 A/M ( Adv ) but without lamp, lenses,
2
holder and signal transformer suitable for LED signal as per the technical specification attached, Inspection-
Consignee.

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 VARANASI DIVISION-S AND T/NORTH EASTERN RLY
TENDER DOCUMENT
Tender No: N-539-2-OT-19-20-11 Closing Date/Time: 11/06/2019 15:00

3 2.00 Numbers 146.43 292.86 AT Par 292.86

3 Item Description:- "SUPPLY OF HAND CUFF LOCK AS PER CWM S&T W/S GKC DRG. NO. SW/98/8 & as per
the technical specification attached, Inspection-Consignee."
4 0.50 Kilometre 6688.08 3344.04 AT Par 3344.04
4 Item Description:- Supply of PVC Wire 16x0.2 sq mm as per the technical specification attached, Inspection-
Consignee.
Please see Item Breakup for details. 6203.37 AT Par 6203.37

5 Item Description:- "Installation of Warning board along with supply of warning board. This includes concrete
foundation of 600 x 600 x 600 mm as per the technical specification attached, Inspection-Consignee. Note -Rail
post will be given by railway at the store of consignee."
6 2.00 Numbers 989.13 1978.26 AT Par 1978.26

6 Item Description:- Supply of and Fixing of MS Flat size 32 mm x 5 mm as Earth lead on Signal Post at CPR
station of BSB division as per the technical specification attached, Inspection-Consignee. All required materials
will be supply by the contractor.
Please see Item Breakup for details. 4248.94 AT Par 4248.94
7 Item Description:- Earthing of CT Rack, Relay Rack, DG sets etc. including supply of Earthing materials as per
tech. specification attached, inspection-Consignee.
Please see Item Breakup for details. 637.50 AT Par 637.50
8 Item Description:- Supply & Installation of Number Plate of Signals as per tech. specification attached,
inspection- Consignee.
9 50.00 CORE 13.72 686.00 AT Par 686.00
9
Item Description:- TERMINATION OF SIGNALLING CABLE as per tech. specification attached.
10 5.00 Numbers 113.74 568.70 AT Par 568.70
10 Item Description:- Fitting of LED signal with all accessories and its wiring as per tech. specification attached. All
material required for fitting and wiring except LED signal and PVC wire shall be supplied by the contractor.
11 2.00 Numbers 353.97 707.94 AT Par 707.94
11 Item Description:- Painting of Apparatus Cases Single including supply of Paint as per tech. specification
attached.
12 1.00 Numbers 262.20 262.20 AT Par 262.20
12
Item Description:- Painting of Apparatus Cases Half including supply of Paint as per tech. specification attached.
13 2.00 Numbers 237.69 475.38 AT Par 475.38
13 Item Description:- Painting of Main Signal Post , signal unit , surface bace and complete fitting as per NE.Rly
standard practice & as per tech. specification attached.
Please see Item Breakup for details. 9390.72 AT Par 9390.72
14 Item Description:- Dismantling of Existing signals, Apparatus Cases, Foundations etc as per tech. specification
attached.

3. ITEM BREAKUP

Schedule Schedule B-Outdoor work

"Installation of Warning board along with supply of warning board. This includes concrete foundation of 600 x
Item- 5 600 x 600 mm as per the technical specification attached, Inspection-Consignee. Note -Rail post will be given by
railway at the store of consignee."
S No. Item Description of Item Unit Qty Rate Amount
No
1 1 Execution. Numbers 1.00 1149.29 1149.29
2 2 Supply. Numbers 1.00 5054.08 5054.08
Total 6203.37
Earthing of CT Rack, Relay Rack, DG sets etc. including supply of Earthing materials as per tech. specification
Item- 7
attached, inspection-Consignee.
S No. Item Description of Item Unit Qty Rate Amount
No
1 1 Execution. Numbers 2.00 326.73 653.46
2 2 Supply Numbers 2.00 1797.74 3595.48
Total 4248.94
Item- 8 Supply & Installation of Number Plate of Signals as per tech. specification attached, inspection- Consignee.

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 VARANASI DIVISION-S AND T/NORTH EASTERN RLY
TENDER DOCUMENT
Tender No: N-539-2-OT-19-20-11 Closing Date/Time: 11/06/2019 15:00

S No. Item Description of Item Unit Qty Rate Amount

No
1 1 Execution. Numbers 2.00 35.99 71.98
2 2 Supply Numbers 2.00 282.76 565.52
Total 637.50
Item- 14 Dismantling of Existing signals, Apparatus Cases, Foundations etc as per tech. specification attached.
S No. Item Description of Item Unit Qty Rate Amount
No
1 1 Signal (MAin) Numbers 2.00 574.02 1148.04
2 2 Location Box Single Case. Numbers 4.00 415.55 1662.20
3 3 Location Box Half Case Numbers 2.00 395.28 790.56
4 4 Warning Board Numbers 1.00 211.48 211.48
5 5 Foundation Signal /Location Boxes. Numbers 8.00 604.23 4833.84
6 6 LC Gate. Numbers 1.00 744.60 744.60
Total 9390.72

4. ELIGIBILITY CONDITIONS

5. COMPLIANCE

Commercial-Compliance

S.No. Description Confirmation Remarks Documents

Required Allowed Uploading
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. The Allowed
1 No Yes
definition and calculation of local content shall be in accordance with the Make (Optional)
in India policy as incorporated in the tender conditions.
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. The Allowed
2 No Yes
definition and calculation of local content shall be in accordance with the Make (Optional)
in India policy as incorporated in the tender conditions.
The tenderers shall submit a copy of notarized affidavit on a non-judicial stamp
paper stating that all their statements/documents submitted alongwith bid are
true and factual. Standard format of the affidavit to be submitted by the bidder
is enclosed. Non submission of notarized affidavit by the bidder shall result in Allowed
3 No No
summarily rejection of his/their bid. It shall be mandatorily incumbent upon the (Mandatory)
tenderer to identify, state and submit the supporting documents duly self
attested by which they/he is qualifying the Qualifying Criteria mentioned in the
Tender Document.
"This tender complies with Public Procurement Policy Order 2017 dated
15.06.2017". The full details of the order can be seen at
4 No No Not Allowed
http://dipp.nic.in/whats-new/public-procurement-preference-make-india-order-
2017
The tenderers are required to submit [scanned copy in PDF format] their Bank Allowed
5 No No
Mandate Form as per the document attached. (Mandatory)
At the time of submission of bid, if you have any special Condition then upload Allowed
6 No No
in scanned pdf copy. (Optional)
The tenderer are required to submit the list of Personal organisation available Allowed
7 No No
with the firm and proposed to be engaged for the subject work. (Mandatory)
The tenderer are required to submit the list of plant and machinery available
Allowed
8 with the firm and proposed to be inducted (own and hired to be submit No No
(Mandatory)
separately) for the subject work.
The tenderer are required to submit the list of Works completed in last three
financial years giving Description of work, Organization for whom executed,
Allowed
9 approximate value of contract at time of award, Date of award and date of No No
(Mandatory)
Completion, Date of actual start, Actual Completion and Final value of Contract
shall also be given.
The tenderer are required to submit the list of Works on hand indicating
Allowed
10 Description of Work, Contract Value, Approximate value of balanve work yet to No No
(Mandatory)
be done and Date of award.

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 VARANASI DIVISION-S AND T/NORTH EASTERN RLY
TENDER DOCUMENT
Tender No: N-539-2-OT-19-20-11 Closing Date/Time: 11/06/2019 15:00

The tenderers are required to submit [scanned copy in PDF format] their Allowed
11 No No
Undertaking as per the document attached. (Mandatory)

General Instructions

S.No. Description Confirmation Remarks Documents

Required Allowed Uploading
Tender Form: Tender Forms shall embody the contents of the contract
1 documents either directly or by reference and shall be as per specimen No No Not Allowed
form.
2 Earnest Money: No No Not Allowed
(a)The tenderer shall be required to deposit earnest money with the tender
for the due performance with the stipulation to keep the offer open till such
date as specified in the tender, under the conditions of tender. The earnest
money 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 the
work For works estimated to cost more than 1 crore-2 lakh plus ½% (half
2.1 No No Not Allowed
percent) of the excess of the estimated cost of work beyond 1 crore subject
to a maximum of 1 crore Note: (i)The earnest money shall be rounded to
the nearest 100. This earnest money shall be applicable for all modes of
tendering. (ii)Any firm recognized by Department of Industrial Policy and
Promotion (DIPP) as 'Startups' shall be exempted from payment of earnest
money deposit detailed above.
(b) It shall be understood that the tender documents have been issued to
the tenderer and the tenderer is permitted to tender in consideration of
stipulation on his part, that after submitting his tender he will not resile from
2.2 his offer or modify the terms and conditions thereof in a manner not No No Not Allowed
acceptable to the Engineer. Should the tenderer fail to observe or comply
with the said stipulation, the aforesaid amount shall be liable to be forfeited
to the Railway.
(c) If his tender is accepted this earnest money mentioned in sub clause (a)
above will be retained as part security for the due and faithful fulfillment of
the contract in terms of Clause 16 of the Standard General Conditions of
2.3 Contract. The Earnest Money of other Tenderers shall, save as herein No No Not Allowed
before provided, be returned to them, but the Railway shall not be
responsible for any loss or depreciation that may happen thereto while in
their possession, nor be liable to pay interest thereon.
(2) The Earnest Money shall be deposited in cash through e payment
2.4 No No Not Allowed
gateway or as mentioned in tender documents.
3 Care in Submission of Tenders: No No Not Allowed
(a) (i)Before submitting a tender, the tenderer will be deemed to have
satisfied himself by actual inspection of the site and locality of the works,
that all conditions liable to be encountered during the execution of the
3.1 works are taken into account and that the rates he enters in the tender No No Not Allowed
forms are adequate and all inclusive to accord with the provisions in
Clause-37 of the Standard General Conditions of Contract for the
completion of works to the entire satisfaction of the Engineer.
(a)(ii)Tenderers will examine the various provisions of The Central Goods
and Services Tax Act, 2017(CGST)/ Integrated Goods and Services Tax
Act, 2017(IGST)/ Union Territory Goods and Services Tax Act,
2017(UTGST)/ respective state's State Goods and Services Tax Act
3.2 No No Not Allowed
(SGST) also, as notified by Central/State Govt. & as amended from time to
time and applicable taxes before bidding. Tenderers will ensure that full
benefit of Input Tax Credit (ITC) likely to be availed by them is duly
considered while quoting rates.
(a)(iii)The successful tenderer who is liable to be registered under
CGST/IGST/UTGST/SGST Act shall submit GSTIN along with other details
required under CGST/IGST/UTGST/SGST Act to railway immediately after
3.3 No No Not Allowed
the award of contract, without which no payment shall be released to the
Contractor. The Contractor shall be responsible for deposition of applicable
GST to the concerned authority.

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 VARANASI DIVISION-S AND T/NORTH EASTERN RLY
TENDER DOCUMENT
Tender No: N-539-2-OT-19-20-11 Closing Date/Time: 11/06/2019 15:00

(a)(iv)In case the successful tenderer is not liable to be registered under

CGST/IGST/UTGST/ SGST Act, the railway shall deduct the applicable
3.4 No No Not Allowed
GST from his/their bills under reverse charge mechanism (RCM) and
deposit the same to the concerned authority.
(b)When work is tendered for by a firm or company, the tender shall be
3.5 signed by the individual legally authorized to enter into commitments on No No Not Allowed
their behalf.
(c)The Railway will not be bound by any power of attorney granted by the
tenderer or by changes in the composition of the firm made subsequent to
3.6 the execution of the contract. It may, however, recognize such power of No No Not Allowed
attorney and changes after obtaining proper legal advice, the cost of which
will be chargeable to the Contractor.
The tenderer shall upload scanned copies of financial instruments such as
mandatory credentials such as experience, turn over Certificates and any
other documents as applicable. In case of submission of any fake
4 No No Not Allowed
credentials by the tenderer, Railway reserves the right to forfeit earnest
money. No communication shall be made/entertained and no opportunity
shall be given after closing of tender.
In case of any unavoidable occurrence viz. Strike, bundh, holiday etc. the
5 No No Not Allowed
opening of tender will be done on next working day.
The tenderer should have sufficient in house experience and qualified
6 No No Not Allowed
technical personal capable of execution of work.
7 The tenderer should have sufficient machinery and plants. No No Not Allowed
Right of Railway to Deal with Tenders: The Railway reserves the right of not
to invite tenders for any of Railway work or works or to invite open or limited
8 tenders and when tenders are called to accept a tender in whole or in part No No Not Allowed
or reject any tender or all tenders without assigning reasons for any such
action.
9 Partnership Deeds, Power of Attorney etc.: No No Not Allowed
(i)The tenderer shall clearly specify whether the tender is submitted on his
own (Proprietary Firm) or on behalf of a Partnership Firm / company / Joint
Venture (JV) / Registered Society / Registered Trust etc. The tenderer(s)
shall enclose the attested copies of the constitution of their concern, and
9.1 No No Not Allowed
copy of PAN Card along with their tender. Tender Documents in such cases
are to be signed by such persons as may be legally competent to sign them
on behalf of the firm, company, association, trust or society, as the case
may be.
(ii)In case tenderer is other than sole proprietorship firm, following
9.2 No No Not Allowed
documents shall be submitted by the tenderer:
(a) Partnership Firm: The tenderer shall submit (i) a copy of Partnership
Deed and (ii) a copy of Power of Attorney (duly registered as per prevailing
9.2.1 No No Not Allowed
law) in favour of an individual to sign the tender documents and create
liability against the Firm.
(b) Joint Venture (JV): The tenderer shall submit documents as mentioned
9.2.2 No No Not Allowed
in Clause 17 of the Tender Form (Second Sheet)of GCC-2018.
(c) Company registered under Companies Act-2013: The tenderer shall
submit (i) the copies of MOA (Memorandum of Association) / AOA (Articles
of Association) of the company; and (ii) A copy of Authorization/Power of
9.2.3 No No Not Allowed
Attorney issued by the Company (backed by the resolution of Board of
Directors) in favour of the individual to sign the tender on behalf of the
company and create liability against the company.
(d) LLP (Limited Liability Partnership) Firm: If the tender is submitted on
behalf of a LLP Firm registered under LLP Act-2008, the tenderer shall
submit alongwith the tender- (i) a copy of LLP Agreement, (ii) a copy of
9.2.4 Certificate of Incorporation; and (iii) a copy of Power of No No Not Allowed
Attorney/Authorisation issued by the LLP Firm in favour of the individual to
sign the tender on behalf of the LLP Firm and create liability against the
Firm.
(e) Registered Society & Registered Trust: The tenderer shall submit (i) a
copy of the Certificate of Registration, (ii) Deed of Formation; and (iii) a
9.2.5 No No Not Allowed
copy of Power of Attorney in favour of the individual to sign the tender
documents and create liability against the Society/Trust.

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 VARANASI DIVISION-S AND T/NORTH EASTERN RLY
TENDER DOCUMENT
Tender No: N-539-2-OT-19-20-11 Closing Date/Time: 11/06/2019 15:00

(iii)If it is NOT mentioned in the submitted tender that tender is being

submitted on behalf of a Sole Proprietorship firm / Partnership firm / Joint
9.3 No No Not Allowed
Venture / Registered Company etc., then the tender shall be treated as
having been submitted by the individual who has signed the tender.
(iv)After opening of the tender, any document pertaining to the constitution
of Sole Proprietorship Firm / Partnership Firm / Registered Company/
9.4 No No Not Allowed
Registered Trust / Registered Society etc. shall be neither asked nor
considered, if submitted.
(v) A tender from JV / Partnership firm etc. shall be considered only where
9.5 No No Not Allowed
permissible as per the tender conditions.
(vi)The Railway will not be bound by any change in the composition of the
firm made subsequent to the submission of tender. Railway may, however,
9.6 No No Not Allowed
recognize such power of attorney and changes after obtaining proper legal
advice, the cost of which will be chargeable to the Contractor.
The tenderer whether sole proprietor, a company or a partnership firm /
joint venture (JV) / registered society / registered trust etc if they want to act
through agent or individual partner(s), should submit along with the tender,
a copy of power of attorney duly stamped and authenticated by a Notary
Public or by Magistrate in favour of the specific person whether he/they be
10 partner(s) of the firm or any other person specifically authorizing him/them No No Not Allowed
to submit the tender, sign the agreement, receive money, co-ordinate
measurements through contractor's authorized engineer, witness
measurements, sign measurement books, compromise, settle, relinquish
any claim(s) preferred by the firm and sign "No Claim Certificate" and refer
all or any disputes to arbitration.
11 Employment/Partnership etc. of Retired Railway Employees: No No Not Allowed
(a) Should a tenderer be a retired Engineer of the gazetted rank or any
other gazetted officer working before his retirement, whether in the
executive or administrative capacity or whether holding a pensionable post
or not, in the Engineering or any other department of any of the railways
owned and administered by the President of India for the time being, or
should a tenderer being partnership firm / company / joint venture (JV) /
registered society / registered trust etc have as one of its partners a retired
Engineer or retired gazetted officer as aforesaid, or should a tenderer
being an incorporated company have any such retired Engineer or retired
officer as one of its directors or should a tenderer have in his employment
any retired Engineer or retired gazetted officer as aforesaid, the full
information as to the date of retirement of such Engineer or gazetted officer
11.1 No No Not Allowed
from the said service and in case where such Engineer or officer had not
retired from government service at least 1 year prior to the date of
submission of the tender as to whether permission for taking such contract,
or if the Contractor be a partnership firm or an incorporated company, to
become a partner or director as the case may be, or to take the
employment under the Contractor, has been obtained by the tenderer or
the Engineer or officer, as the case may be from the President of India or
any officer, duly authorized by him in this behalf, shall be clearly stated in
writing at the time of submitting the tender. Tenders without the information
above referred to or a statement to the effect that no such retired Engineer
or retired gazetted officer is so associated with the tenderer, as the case
may be, shall be rejected.
(b) Should a tenderer or Contractor being an individual on the list of
approved Contractors, have a relative(s) or in the case of partnership firm/
company / joint venture (jv) / registered society / registered trust etc. one or
more of his shareholder(s) or a relative(s) of the shareholder(s) employed
in gazetted capacity in the Engineering or any other department of the NE
11.2 No No Not Allowed
railway, the authority inviting tenders shall be informed of the fact at the
time of submission of tender, failing which the tender may be
disqualified/rejected or if such fact subsequently comes to light, the contract
may be rescinded in accordance with provision in clause 62 of standard
general conditions of contract.
12 Participation of Partnership Firms in works tenders: No No Not Allowed
The Partnership Firms participating in the tender should be legally valid
12.1 No No Not Allowed
under the provisions of the Indian Partnership Act.

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 VARANASI DIVISION-S AND T/NORTH EASTERN RLY
TENDER DOCUMENT
Tender No: N-539-2-OT-19-20-11 Closing Date/Time: 11/06/2019 15:00

The partnership firm should have been in existence or should have been
formed prior to submission of tender. Partnership firm should have either
12.2 been registered with the Registrar or the partnership deed should have No No Not Allowed
been notarized prior to date of tender opening as per the Indian
Partnership Act.
Separate identity / name should be given to the partnership firm. The
partnership firm should have PAN / TAN number in its own name and PAN /
12.3 No No Not Allowed
TAN number in the name of any of the constituent partners shall not be
considered. The valid constituents of the firm shall be called partners.
Once the tender has been submitted, the constitution of the firm shall not
be allowed to be modified / altered / terminated during the validity of the
tender as well as the currency of the contract except when modification
becomes inevitable due to succession laws etc., in which case prior
permission should be taken from Railway and in any case the minimum
eligibility criteria should not get vitiated. The re-constitution of firm in such
cases should be followed by a notary certified Supplementary Deed. The
approval for change of constitution of the firm, in any case, shall be at the
sole discretion of the Railways and the tenderer shall have no claims what-
so-ever. Any change in the constitution of Partnership firm after opening of
tender shall be with the consent of all partners and with the signatures of all
12.4 partners as that in the Partnership Deed. Failure to observe this No No Not Allowed
requirement shall render the offer invalid and full EMD shall be forfeited. If
any Partner/s withdraws from the firm after opening of the tender and
before the award of the contract, the offer shall be rejected. If any new
partner joins the firm after opening of tender but prior to award of contract,
his / her credentials shall not qualify for consideration towards eligibility
criteria either individually or in proportion to his share in the previous firm.
In case the tenderer fails to inform Railway beforehand about any such
changes / modification in the constitution which is inevitable due to
succession laws etc. and the contract is awarded to such firm, then it will be
considered a breach of the contract conditions liable for determination of
the contract under Clause 62 of General Conditions of Contract.
A partner of the firm shall not be permitted to participate either in his
12.5 No No Not Allowed
individual capacity or as a partner of any other firm in the same tender.
The tender form shall be submitted only in the name of partnership firm.
The EMD shall be deposited by partnership firm through e-payment
12.6 gateway or as mentioned in tender document. The EMD submitted in the No No Not Allowed
name of any individual partner or in the name of authorized partner (s)
shall not be considered.
One or more of the partners of the firm or any other person (s) shall be
designated as the authorized person (s) on behalf of the firm, who will be
authorized by all the partners to act on behalf of the firm through a "Power
of Attorney", specially authorizing him / them to submit & sign the tender,
sign the agreement, receive payment, witness measurements, sign
12.7 No No Not Allowed
measurement books, make correspondences, compromise / settle /
relinquish any claim (s) preferred by the firm, sign "No Claim Certificate",
refer all or any dispute to arbitration and to take similar such action in
respect of the said tender / contract. Such "Power of Attorney" shall be
notarized / registered and submitted along with the tender.
On issue of Letter of Acceptance (LOA) to the partnership firm, all the
guarantees like Performance Guarantee, Guarantee for various Advances
12.8 No No Not Allowed
to the Contractor shall be submitted only in the name of the partnership
firm and no splitting of guarantees among the partners shall be acceptable.
On issue of Letter of Acceptance (LOA), contract agreement with
12.9 partnership firm shall be executed in the name of the firm only and not in No No Not Allowed
the name of any individual partner.
In case the Letter of Acceptance (LOA) is issued to a partnership firm, the
12.10 following undertakings shall be furnished by all the partners through a No No Not Allowed
notarized affidavit, before signing of contract agreement.

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 VARANASI DIVISION-S AND T/NORTH EASTERN RLY
TENDER DOCUMENT
Tender No: N-539-2-OT-19-20-11 Closing Date/Time: 11/06/2019 15:00

(a)Joint and several liabilities: The partners of the firm to which the Letter of
Acceptance (LOA) is issued, shall be jointly and severally liable to the
Railway for execution of the contract in accordance with General and
12.10.1 Special Conditions of the Contract. The partners shall also be liable jointly No No Not Allowed
and severally for the loss, damages caused to the Railway during the
course of execution of the contract or due to non-execution of the contract
or part thereof.
(b)Duration of the partnership deed and partnership firm agreement: The
partnership deed/partnership firm agreement shall normally not be
modified/altered/ terminated during the currency of contract and the
maintenance period after the work is completed as contemplated in the
12.10.2 No No Not Allowed
conditions of the contract. Any change carried out by partners in the
constitution of the firm without permission of Railway, shall constitute a
breach of the contract, liable for determination of the contract under Clause
62 of the General Conditions of Contract.
(c)Governing laws: The partnership firm agreement shall in all respect be
12.10.3 No No Not Allowed
governed by and interpreted in accordance with the Indian laws.
(d)No partner of the firm shall have the right to assign or transfer the
12.10.4 interest right or liability in the contract without the written consent of the No No Not Allowed
other partner/s and that of the Railway.
The tenderer shall clearly specify that the tender is submitted on behalf of a
12.11 partnership firm. The following documents shall be submitted by the No No Not Allowed
partnership firm, with the tender:
12.11.1 (a)A copy of partnership deed. No No Not Allowed
(b)A copy of Power of Attorney (duly registered as per prevailing law) in
12.11.2 favour of the individual to tender for the work, sign the agreement etc. and No No Not Allowed
create liability against the firm.
(c)An undertaking by all partners of the partnership firm that they are not
blacklisted or debarred by Railways or any other Ministry / Department of
the Govt. of India / any State Govt. from participation in tenders / contracts
12.11.3 as on the date of opening of bids, either in their individual capacity or in any No No Not Allowed
firm in which they were / are partners. Concealment / wrong information in
regard to above shall make the contract liable for determination under
Clause 62 of the General Conditions of Contract.
Evaluation of eligibility of a partnership firm: Technical and financial
12.12 eligibility of the firm shall be adjudged based on satisfactory fulfillment of No No Not Allowed
the eligibility criteria laid down in Clause 10 above by the partnership firm.
Performance Guarantee:The procedure for obtaining Performance
13 No No Not Allowed
Guarantee is outlined below:
(a) The successful bidder shall have to submit a Performance Guarantee
(PG) within 21 (Twenty one) days from the date of issue of Letter of
Acceptance (LOA). Extension of time for submission of PG beyond 21
(Twenty one) days and upto 60 days from the date of issue of LOA may be
given by the Authority who is competent to sign the contract agreement.
However, a penal interest of 12% per annum shall be charged for the delay
beyond 21(Twenty one) days, i.e. from 22nd day after the date of issue of
LOA. Further, if the 60th day happens to be a declared holiday in the
concerned office of the Railway, submission of PG can be accepted on the
13.1 No No Not Allowed
next working day. In all other cases, if the Contractor fails to submit the
requisite PG even after 60 days from the date of issue of LOA, the contract
is liable to be terminated. In case contract is terminated railway shall be
entitled to forfeit Earnest Money Deposit and other dues payable against
that contract. In case a tenderer has not submitted Earnest Money Deposit
on the strength of their registration as a Startup recognized by Department
of Industrial Policy and Promotion (DIPP) under Ministry of Commerce and
Industry, DIPP shall be informed to this effect. The failed Contractor shall
be debarred from participating in re-tender for that work.

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Tender No: N-539-2-OT-19-20-11 Closing Date/Time: 11/06/2019 15:00

(b)The successful bidder shall submit the Performance Guarantee (PG) in

any of the following forms, amounting to 5% of the contract value: (i)A
deposit of Cash; (ii) Irrevocable Bank Guarantee; (iii)Government Securities
including State Loan Bonds at 5% below the market value; (iv) Deposit
Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms
of Performance Guarantee could be either of the State Bank of India or of
13.2 any of the Nationalized Banks; (v)Guarantee Bonds executed or Deposits No No Not Allowed
Receipts tendered by all Scheduled Banks; (vi)Deposit in the Post Office
Saving Bank; (vii)Deposit in the National Savings Certificates; (viii) Twelve
years National Defence Certificates; (ix)Ten years Defence Deposits;
(x)National Defence Bonds and (xi)Unit Trust Certificates at 5% below
market value or at the face value whichever is less. Also, FDR in favour of
FA&CAO (free from any encumbrance) may be accepted.
(c)The Performance Guarantee shall be submitted by the successful bidder
after the Letter of Acceptance (LOA) has been issued, but before signing of
the contract agreement. This P.G. shall be initially valid upto the stipulated
13.3 date of completion plus 60 days beyond that. In case, the time for No No Not Allowed
completion of work gets extended, the Contractor shall get the validity of
P.G. extended to cover such extended time for completion of work plus 60
days.
(d)The value of PG to be submitted by the Contractor will not change for
variation upto 25% (either increase or decrease). In case during the course
of execution, value of the contract increases by more than 25% of the
original contract value, an additional Performance Guarantee amounting to
5% (five percent) for the excess value over the original contract value shall
be deposited by the Contractor. On the other hand, if the value of contract
13.4 No No Not Allowed
decreases by more than 25% of the original contract value, Performance
Guarantee amounting to 5% (five percent) of the decrease in the contract
value shall be returned to the Contractor. The PG amount in excess of
required PG for decreased contract value, available with Railways, shall be
returned to Contractor as per his request duly safeguarding the interest of
railways.
(e)The Performance Guarantee (PG) shall be released after physical
completion of the work based on 'Completion Certificate' issued by the
13.5 No No Not Allowed
competent authority stating that the Contractor has completed the work in
all respects satisfactorily.
(f)Whenever the contract is rescinded, the Performance Guarantee already
13.6 submitted for the contract shall be encashed in addition to forfeiture of No No Not Allowed
Security Deposit available with railway.
(g)The Engineer shall not make a claim under the Performance Guarantee
except for amounts to which the President of India is entitled under the
contract (not withstanding and/or without prejudice to any other provisions
in the contract agreement) in the event of: (i)Failure by the Contractor to
extend the validity of the Performance Guarantee as described herein
13.7 above, in which event the Engineer may claim the full amount of the No No Not Allowed
Performance Guarantee. (ii)Failure by the Contractor to pay President of
India any amount due, either as agreed by the Contractor or determined
under any of the Clauses/Conditions of the Agreement, within 30 days of
the service of notice to this effect by Engineer. (iii)The Contract being
determined or rescinded under clause 62 of the GCC.

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Tender No: N-539-2-OT-19-20-11 Closing Date/Time: 11/06/2019 15:00

Security Deposit: The Earnest Money deposited by the Contractor with his
tender will be retained by the Railways as part of security for the due and
faithful fulfillment of the contract by the Contractor. The Security Deposit
shall be 5% of the contract value. Security Deposit may be deposited by the
Contractor before release of first on account bill in cash or Term Deposit
Receipt issued from Scheduled Bank, or may be recovered at the rate of
10% of the bill amount till the full Security Deposit is recovered. Provided
also that in case of defaulting Contractor, the Railway may retain any
amount due for payment to the Contractor on the pending "on account bills"
so that the amounts so retained (including amount guaranteed through
Performance Guarantee) may not exceed 10% of the total value of the
contract. Further, in case of contracts having value equal to or more than
50 crore (Rs Fifty crore) the Security Deposit may be deposited as Bank
14 No No Not Allowed
Guarantee Bond also, issued by a scheduled bank after execution of
contract documents, but before payment of 1st on account bill. Provided
further that the validity of Bank Guarantee Bond shall be extended from
time to time, depending upon extension of contract granted in terms of
Clause 17 of the Standard General Conditions of Contract. Further, in case
Security Deposit has been submitted as Term Deposit Receipt/Bank
Guarantee Bond in full amount, the Earnest Money deposited by the
Contractor with his tender will be returned by the Railways. Note: After the
work is physically completed as certified by competent authority, Security
Deposit recovered from the running bills of a Contractor can be returned to
him, if he so desires, in lieu of Term Deposit Receipt/irrevocable Bank
Guarantee for equivalent amount from Scheduled Bank, to be submitted by
him.
(i) Refund of Security Deposit: Security Deposit mentioned in sub clause (1)
above shall be returned to the Contractor after the following: (a)Final
Payment of the Contract as per clause 51.(1) and (b)Signature of Final
Supplementary Agreement or Certification by Engineer that Railway has No
Claim on Contractor and (c)Issue of Maintenance Certificate on expiry of
14.1 the maintenance period as per clause 50.(1). 16. (2) (ii) Forfeiture of No No Not Allowed
Security Deposit: Whenever the contract is rescinded as a whole under
clause 62 (1) of GCC, the Security Deposit already with railways under the
contract shall be forfeited. However, in case the contract is rescinded in
part or parts under clause 62 (1) of GCC, the Security Deposit shall not be
forfeited.
No interest shall be payable upon the Earnest Money and Security Deposit
or amounts payable to the Contractor under the Contract, but Government
14.2 No No Not Allowed
Securities deposited in terms of GCC-2018 Sub-Clause 16.(4)(b) of this
clause will be payable with interest accrued thereon.
(1) Adherence to Specifications and Drawings: The whole of the works shall
be executed in perfect conformity with the specifications and drawings of
the contract. If Contractor performs any works in a manner contrary to the
15 No No Not Allowed
specifications or drawings or any of them and without such reference to the
Engineer, he shall bear all the costs arising or ensuing therefrom and shall
be responsible for all loss to the Railway.
(2) Drawings and Specifications of the Works: The Contractor shall keep
one copy of Drawings and Specifications at the site, in good order, and
15.1 No No Not Allowed
such contract documents as may be necessary, available to the Engineer
or the Engineer's Representative.
(3) Ownership of Drawings and Specifications: All Drawings and
Specifications and copies thereof furnished by the Railway to the
Contractor are deemed to be the property of the Railway. They shall not be
15.2 No No Not Allowed
used on other works and with the exception of the signed contract set, shall
be returned by the Contractor to the Railway on completion of the work or
termination of the Contract.
(4) Compliance with Contractor's Request for Details: The Engineer shall
furnish with reasonable promptness, after receipt by him of the Contractor's
request, additional instructions by means of drawings or otherwise,
15.3 No No Not Allowed
necessary for the proper execution of the works or any part thereof. All
such drawings and instructions shall be consistent with the Contract
Documents and reasonably inferable therefrom.

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Tender No: N-539-2-OT-19-20-11 Closing Date/Time: 11/06/2019 15:00

(5) Meaning and Intent of Specification and Drawings: If any ambiguity

arises as to the meaning and intent of any portion of the Specifications and
Drawings or as to execution or quality of any work or material, or as to the
measurements of the works the decision of the Engineer thereon shall be
15.4 No No Not Allowed
final subject to the appeal (within 7 days of such decision being intimated to
the Contractor) to the Chief Engineer who shall have the power to correct
any errors, omissions, or discrepancies in aforementioned items and whose
decision in the matter in dispute or doubt shall be final and conclusive.
16 Provision of Efficient and Competent Staff at Work Sites by the Contractor: No No Not Allowed
The Contractor shall place and keep on the works at all times efficient and
competent staff to give the necessary directions to his workmen and to see
16.1 that they execute their work in sound & proper manner and shall employ No No Not Allowed
only such supervisors, workmen & labourers in or about the execution of
any of these works as are careful and skilled in the various trades.
The Contractor shall at once remove from the works any agents, permitted
sub-contractor, supervisor, workman or labourer who shall be objected to
16.2 by the Engineer and if and whenever required by the Engineer, he shall No No Not Allowed
submit a correct return showing the names of all staff and workmen
employed by him.
In the event of the Engineer being of the opinion that the Contractor is not
employing on the works a sufficient number of staff and workmen as is
necessary for proper completion of the works within the time prescribed,
the Contractor shall forthwith on receiving intimation to this effect deploy
16.3 No No Not Allowed
the additional number of staff and labour as specified by the Engineer
within seven days of being so required and failure on the part of the
Contractor to comply with such instructions will entitle the Railway to
rescind the contract under Clause 62 of GCC-2018 conditions.
Contractor's understanding: It is understood and agreed that the Contractor
has, by careful examination, satisfied himself as to the nature and location
of the work, the conformation of the ground, the character, quality and
quantity of the materials to be encountered, the character of equipment
17 No No Not Allowed
and facilities needed preliminary to and during the progress of the works,
the general and local conditions, the labour conditions prevailing therein
and all other matters which can in any way affect the works under the
contract.
Commencement of Works: The Contractor shall commence the works
within 15 days after the receipt by him of an order in writing to this effect
18 No No Not Allowed
from the Engineer and shall proceed with the same with due expedition and
without delay.
Accepted Programme of Work: The Contractor who has been awarded the
work shall as soon as possible but not later than 30 days after the date of
receipt of the acceptance letter in respect of contracts with initial completion
period of two years or less or not later than 90 days for other contracts
have to submit the detailed programme of work indicating the time
schedule of various items of works in the form of Bar Chart/PERT/CPM. He
shall also submit the details of organisation (in terms of labour and
supervisors), plant and machinery that he intends to utilize (from time to
19 time) for execution of the work within stipulated date of completion. The No No Not Allowed
programme of work amended as necessary by discussions with the
Engineer, shall be treated as the agreed programme of the work for the
purpose of this contract and the Contractor shall endeavor to fulfill this
programme of work. The progress of work will be watched accordingly and
the liquidated damages will be with reference to the overall completion
date. Nothing stated herein shall preclude the Contractor in achieving
earlier completion of item or whole of the works than indicated in the
programme.

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Tender No: N-539-2-OT-19-20-11 Closing Date/Time: 11/06/2019 15:00

Setting out of Works: The Contractor shall be responsible for the correct
setting out of all works in relation to original points, lines and levels of
reference at his cost. The Contractor shall execute the work true to
alignment, grade, levels and dimensions as shown in the drawing and as
directed by the Engineer's representative and check these at frequent
intervals. The Contractor shall provide all facilities like labour and
instruments and shall co-operate with the Engineer's representative for
20 checking of all alignment, grades, levels and dimensions. If, at any time, No No Not Allowed
during the progress of the works any error appear or arise in any part of
the work, the Contractor, on being required so to do by the Engineer's
representative shall, at his own cost rectify such errors, to the satisfaction
of the Engineer's representative. Such checking shall not absolve the
Contractor of his own responsibility of maintaining accuracy in the work.
The Contractor shall carefully protect and preserve all bench marks, sight
rails, pegs and other things used in setting out the work.
Workmanship and Testing: The whole of the works and/or supply of
materials specified and provided in the contract or that may be necessary
to be done in order to form and complete any part thereof shall be
executed in the best and most substantial workman like manner with
materials of the best and most approved quality of their respective kinds,
agreeable to the particulars contained in or implied by the specifications
21 and as referred to in and represented by the drawings or in such other No No Not Allowed
additional particulars, instructions and drawings given during the carrying
on of the works and to the entire satisfaction of the Engineer according to
the instructions and directions which the Contractors may from time to time
receive from the Engineer. The materials may be subjected to tests by
means of such machines, instruments and appliances as the Engineer may
direct and wholly at the expense of the Contractor.
Removal of Improper Work and Materials: The Engineer or the Engineer's
Representative shall be entitled to order from time to time: (a) The removal
from the site, within the time specified in the order, of any materials which
in his opinion are not in accordance with the specifications or drawings. (b)
The substitution of proper and suitable materials, and (c) the removal and
21.1 proper re-execution, notwithstanding any previous tests thereof or on No No Not Allowed
account payments therefor, of any work which in respect of materials or
workmanship is not in his opinion in accordance with the specifications and
in 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 of
these conditions.
22 Rates for Items of Works: No No Not Allowed

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Tender No: N-539-2-OT-19-20-11 Closing Date/Time: 11/06/2019 15:00

The rates, entered in the accepted Schedule of Rates of the Contract are
intended to provide for works duly and properly completed in accordance
with the General and Special (if any) Conditions of the Contract and the
Specifications and drawings together with such enlargements, extensions,
diminutions, reductions, alterations or additions as may be ordered in terms
of Clause 42 of these conditions and without prejudice to the generality
thereof and shall be deemed to include and cover superintendence and
labour, supply, including full freight of materials, stores, patterns, profiles,
moulds, fittings, centerings, scaffolding, shoring props, timber, machinery,
barracks, tackle, roads, pegs, posts, tools and all apparatus and plant
required on the works, except such tools, plant or materials as may be
specified in the contract to be supplied to the Contractor by the Railway, the
erection, maintenance and removal of all temporary works and buildings, all
watching, lighting, bailing, pumping and draining, all prevention of or
compensation for trespass, all barriers and arrangements for the safety of
the public or of employees during the execution of works, all sanitary and
medical arrangements for labour camps as may be prescribed by the
Railway, the setting of all work and of the construction, repair and upkeep
22.1 No No Not Allowed
of all centre lines, bench marks and level pegs thereon, site clearance, all
fees duties, royalties, rent and compensation to owners for surface damage
or taxes and impositions payable to local authorities in respect of land,
structures and all material supplied for the work or other duties or expenses
for which the Contractor may become liable or may be put to under any
provision of law for the purpose of or in connection with the execution of the
contract and all such other incidental charges or contingencies as may
have been specially provided for in the Specifications. However, if rates of
existing GST or cess on GST for Works Contract is increased or any new
tax /cess on Works Contract is imposed by Statute after the date of opening
of tender but within the original date of completion/date of completion
extended under clause 17 & 17A of GCC-2018 and the Contractor
thereupon properly pays such taxes/cess, the Contractor shall be
reimbursed the amount so paid. Further, if rates of existing GST or cess on
GST for Works Contract is decreased or any tax/cess on Works Contract is
decreased / removed by Statute after the date of opening of tender, the
reduction in tax amount shall be recovered from Contractor's bills/Security
Deposit or any other dues of Contractor with the Government of India.
1)Rates for Extra Items of Works: Any item of work carried out by the
Contractor on the instructions of the Engineer which is not included in the
accepted Schedules of Rates shall be executed at the rates set forth in the
"Schedule of Rates of Railway" modified by the tender percentage, and for
such items not contained in the latter, at the rate agreed upon between the
Engineer and the Contractor before the execution of such items of work
and the Contractors shall be bound to notify the Engineer at least seven
days before the necessity arises for the execution of such items of works
23 that the accepted Schedule of Rates does not include rate or rates for the No No Not Allowed
extra work involved. The rates payable for such items shall be decided at
the meeting to be held between the Engineer and Contractor, in as short a
period as possible after the need for the special item has come to the
notice. In case the Contractor fails to attend the meeting after being notified
to do so or in the event of no settlement being arrived at, the Railway shall
be entitled to execute the extra works by other means and the Contractor
shall have no claim for loss or damage that may result from such
procedure.
(2)Provided that if the Contractor commences work or incurs any
expenditure in regard thereto before the rates as determined and agreed
upon as lastly hereuntofore-mentioned, then and in such a case the
Contractor shall only be entitled to be paid in respect of the work carried
out or expenditure incurred by him prior to the date of determination of the
23.1 rates as aforesaid according to the rates as shall be fixed by the Engineer. No No Not Allowed
However, if the Contractor is not satisfied with the decision of the Engineer
in this respect, he may appeal to the Chief Engineer within 30 days of
getting the decision of the Engineer, supported by analysis of the rates
claimed. The Chief Engineer's decision after hearing both the parties in the
matter would be final and binding on the Contractor and the Railway.

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Tender No: N-539-2-OT-19-20-11 Closing Date/Time: 11/06/2019 15:00

(1)Handing over of Works: The Contractor shall be bound to hand over the
works executed under the contract to the Railway complete in all respects
to the satisfaction of the Engineer. The Engineer shall determine the date
on which the work is considered to have been completed, in support of
24 which his certificate shall be regarded as sufficient evidence for all No No Not Allowed
purposes. The Engineer shall determine from time to time, the date on
which any particular section of the work shall have been completed, and
the Contractor shall be bound to observe any such determination of the
Engineer.
(2)Clearance of Site on Completion: On completion of the works, the
Contractor shall clear away and remove from the site all constructional
plant, surplus materials, rubbish and temporary works of every kind and
leave the whole of the site and works clean and in a workman like condition
to the satisfaction of the Engineer. No final payment in settlement of the
accounts for the works shall be paid, held to be due or shall be made to
the, Contractor till, in addition to any other condition necessary for final
payment, site clearance shall have been affected by him, and such
24.1 No No Not Allowed
clearance may be made by the Engineer at the expense of the Contractor
in the event of his failure to comply with this provision within 7 days after
receiving notice to that effect. Should it become necessary for the Engineer
to have the site cleared at the expenses of the Contractor, the Railway shall
not be held liable for any loss or damage to such of the Contractor's
property as may be on the site and due to such removal there from which
removal may be affected by means of public sales of such materials and
property or in such a way as deemed fit and convenient to the Engineer.
Modification to Contract to be in Writing: In the event of any of the
provisions of the contract required to be modified after the contract
documents have been signed, the modifications shall be made in writing
and signed by the Railway and the Contractor and no work shall proceed
under such modifications until this has been done. Any verbal or written
25 arrangement abandoning, modifying, extending, reducing or supplementing No No Not Allowed
the contract or any of the terms thereof shall be deemed conditional and
shall not be binding on the Railway unless and until the same is
incorporated in a formal instrument and signed by the Railway and the
Contractor, and till then the Railway shall have the right to repudiate such
arrangements.
(1)Powers of Modification to Contract: The Engineer on behalf of the
Railway shall be entitled by order in writing to enlarge or extend, diminish or
reduce the works or make any alterations in their design, character
position, site, quantities, dimensions or in the method of their execution or
in the combination and use of materials for the execution thereof or to
26 No No Not Allowed
order any additional work to be done or any works not to be done and the
Contractor will not be entitled, to any compensation for any
increase/reduction in the quantities of work but will be paid only for the
actual amount of work done and for approved materials supplied against a
specific order.
(2)(i) Unless otherwise specified in the special conditions of the contract,
the accepted variation in quantity of each individual item of the contract
26.1 No No Not Allowed
would be upto 25% of the quantity originally contracted, except in case of
foundation work.
(ii) The Contractor shall be bound to carry out the work at the agreed rates
26.2 and shall not be entitled to any claim or any compensation whatsoever upto No No Not Allowed
the limit of 25% variation in quantity of individual item of works.
(iii) In case an increase in quantity of an individual item by more than 25%
26.3 of the agreement quantity is considered unavoidable, then same shall be No No Not Allowed
executed at following rates
(a)Quantities operated in excess of 125% but upto 140% of the agreement
26.3.1 quantity of the concerned item, shall be paid at 98% of the rate awarded for No No Not Allowed
that item in that particular tender;
(b)Quantities operated in excess of 140% but upto 150% of the agreement
26.3.2 quantity of the concerned item shall be paid at 96% of the rate awarded for No No Not Allowed
that item in that particular tender;

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(c)Variation in quantities of individual items beyond 150% will be avoided

and would be permitted only in exceptional unavoidable circumstances and
26.3.3 No No Not Allowed
shall be paid at 96% of the rate awarded for that item in that particular
tender.
(d)Variation to quantities of Minor Value Item: The limit for varying
quantities for minor value items shall be 100% (as against 25% prescribed
for other items). A minor value item for this purpose is defined as an item
whose original agreement value is less than 1 % of the total original
agreement value. d.(i) Quantities operated upto and including 100% of the
agreement quantity of the concerned minor value item, shall be paid at the
26.3.4 rate awarded for that item in that particular tender; d.(ii)Quantities operated No No Not Allowed
in excess of 100% but upto 200% of the agreement quantity of the
concerned minor value item, shall be paid at 98% of the rate awarded for
that item in that particular tender; d.(iii) Variation in quantities of individual
minor value item beyond 200% will be avoided and would be permitted only
in exceptional unavoidable circumstances and shall be paid at 96% of the
rate awarded for that item in that particular tender.
(iv) In case of earthwork, the variation limit of 25% shall apply to the gross
26.4 quantity of earthwork and variation in the quantities of individual No No Not Allowed
classifications of soil shall not be subject to this limit.
(v) In case of foundation work, no variation limit shall apply and the work
26.5 shall be carried out by the Contractor on agreed rates irrespective of any No No Not Allowed
variation.
(vi) As far as SOR items are concerned, the limit of 25% would apply to the
value of SOR schedule as a whole and not on individual SOR items.
26.6 However, in case of NS items, the limit of 25% would apply on the individual No No Not Allowed
items irrespective of the manner of quoting the rate (single percentage rate
or individual item rate).
(3)Valuation of Variations: The enlargements, extensions, diminution,
reduction, alterations or additions referred to in Sub-Clause (2) of this
Clause shall in no degree affect the validity of the contract; but shall be
performed by the Contractor as provided therein and be subject to the
same conditions, stipulations and obligations as if they had been originally
26.7 and expressively included and provided for in the Specifications and No No Not Allowed
Drawings and the amounts to be paid therefor shall be calculated in
accordance with the accepted Schedule of Rates. Any extra
items/quantities of work falling outside the purview of the provisions of Sub-
Clause (2) above shall be paid for at the rates determined under Clause-39
of these Conditions.
Wages to Labour: The Contractor shall be responsible to ensure
compliance with the provision of the Minimum Wages Act, 1948 (hereinafter
referred to as the "said Act") and the Rules made thereunder in respect of
any employees directly or through petty Contractors or sub-contractors
employed by him for the purpose of carrying out this contract. If, in
compliance with the terms of the contract, the Contractor supplied any
labour to be used wholly or partly under the direct orders and control of the
Railways whether in connection with any work being executed by the
Contractor or otherwise for the purpose of the Railway such labour shall,
27 No No Not Allowed
for the purpose of this Clause, still be deemed to be persons employed by
the Contractor. If any moneys shall, as a result of any claim or application
made under the said Act be directed to be paid by the Railway, such money
shall be deemed to be moneys payable to the Railway by the Contractor
and on failure by the Contractor to repay the Railway any moneys paid by it
as aforesaid within seven days after the same shall have been demanded,
the Railways shall be entitled to recover the same from Contractor's
bills/Security Deposit or any other dues of Contractor with the Government
of India.
A.Apprentices Act: The Contractor shall be responsible to ensure
compliance with the provisions of the Apprentices Act, 1961 and the Rules
and Orders issued thereunder from time to time in respect of apprentices
directly or through petty Contractors or sub-contractors employed by him
27.1 for the purpose of carrying out the Contract. If the Contractor directly or No No Not Allowed
through petty Contractors or sub-contractors fails to do so, his failure will be
a breach of the contract and the Railway may, in its discretion, rescind the
contract. The Contractor shall also be liable for any pecuniary liability
arising on account of any violation of the provisions of the Act.

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Provisions of Payments of Wages Act: The Contractor shall comply with the
provisions of the Payment of Wages Act, 1936 and the rules made
thereunder in respect of all employees employed by him either directly or
through petty Contractors or sub-contractors in the works. If in compliance
with the terms of the contract, the Contractor directly or through petty
Contractors or sub-contractors shall supply any labour to be used wholly or
partly under the direct orders and control of the Engineer whether in
connection with the works to be executed hereunder or otherwise for the
purpose of the Engineer, such labour shall nevertheless be deemed to
comprise persons employed by the Contractor and any moneys which may
28 No No Not Allowed
be ordered to be paid by the Engineer shall be deemed to be moneys
payable by the Engineer on behalf of the Contractor and the Engineer may
on failure of the Contractor to repay such money to the Railways deduct the
same from any moneys due to the Contractor in terms of the contract. The
Railway shall be entitled to recover the same from Contractor's
bills/Security Deposit or any other dues of Contractor with the Government
of India all moneys paid or payable by the Railway by way of compensation
of aforesaid or for costs of expenses in connection with any claim thereto
and the decision of the Engineer upon any question arising out of the effect
or force of this Clause shall be final and binding upon the Contractor.
28.1 A.Provisions of Contract Labour (Regulation and Abolition) Act, 1970: No No Not Allowed
A.(1)The Contractor shall comply with the provision of the contract labour
(Regulation and Abolition) Act, 1970 and the Contract labour (Regulation
28.1.1 and Abolition) Central Rules 1971 as modified from time to time, wherever No No Not Allowed
applicable and shall also indemnify the Railway from and against any
claims under the aforesaid Act and the Rules.
A.(2)The Contractor shall obtain a valid license under the aforesaid Act as
modified from time to time before the commencement of the work and
28.1.2 No No Not Allowed
continue to have a valid license until the completion of the work. Any failure
to fulfill the requirement shall attract the penal provision of the Act.
A.(3)The Contractor shall pay to the labour employed by him directly or
through sub-contractors the wages as per provision of the aforesaid Act
and the Rules wherever applicable. The Contractor shall notwithstanding
28.1.3 the provisions of the contract to the contrary, cause to be paid the wages to No No Not Allowed
labour, indirectly engaged on the works including any engaged by sub-
contractors in connection with the said work, as if the labour had been
immediately employed by him.
A.(4)In respect of all labour directly or indirectly employed in the work for
performance of the Contractor's part of the contract, the Contractor shall
28.1.4 No No Not Allowed
comply with or cause to be complied with the provisions of the aforesaid Act
and Rules wherever applicable.
A.(5)In every case in which, by virtue of the provisions of the aforesaid Act
or the rules, the Railway is obliged to pay any amount of wages to a
workman employed by the Contractor or his sub-contractor in execution of
the work or to incur any expenditure on account of the contingent, liability of
the Railway due to the Contractor's failure to fulfill his statutory obligations
under the aforesaid Act or the rules, the Railway will recover from the
Contractor, the amount of wages so paid or the amount of expenditure so
incurred and without prejudice to the rights of the Railway under the
Section 20, Sub-Section (2) and Section 2, Sub-Section (4) of the aforesaid
28.1.5 Act, the Railway shall be at liberty to recover such amount or part thereof No No Not Allowed
from Contractor's bills/Security Deposit or any other dues of Contractor with
the Government of India. The Railway shall not be bound to contest any
claim 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 the
Contractor and upon his giving to the Railway full security for all costs for
which the Railway might become liable in contesting such claim. The
decision of the Chief Engineer regarding the amount actually recoverable
from the Contractor as stated above shall be final and binding on the
Contractor.

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B. Provisions of Employees Provident Fund and Miscellaneous Provisions

Act, 1952:The Contractor shall comply with the provisions of Para 30 & 36-
B of the Employees Provident Fund Scheme, 1952; Para 3 & 4 of
Employees' Pension Scheme, 1995; and Para 7 & 8 of Employees Deposit
28.2 No No Not Allowed
Linked Insurance Scheme, 1976; as modified from time to time through
enactment of "Employees Provident Fund & Miscellaneous Provisions Act,
1952", wherever applicable and shall also indemnify the Railway from and
against any claims under the aforesaid Act and the Rules.
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 Railways
General Condition of Contract. In order to ensure the same, an application
has been developed and hosted on website
28.3 No No Not Allowed
'www.shramikkalyan.indianrailways.gov.in'. Contractor shall register his
firm/company etc. and upload requisite details of labour and their payment
in this portal. These details shall be available in public domain. The
Registration/ updation of Portal shall be done as under:
(a)Contractor shall apply for onetime registration of his company/firm etc. in
the Shramikkalyan portal with requisite details subsequent to issue of Letter
28.3.1 No No Not Allowed
of Acceptance. Engineer shall approve the contractor's registration in the
portal within 7 days of receipt of such request.
(b)Contractor once approved by any Engineer, can create password with
28.3.2 login ID (PAN No.) for subsequent use of portal for all LoAs issued in his No No Not Allowed
favour.
(c)The contractor once registered on the portal, shall provide details of his
Letter of Acceptances (LoA) / Contract Agreements on shramikkalyan
28.3.3 portal within 15 days of issue of any LoA for approval of concerned No No Not Allowed
engineer. Engineer shall update (if required) and approve the details of LoA
filled by contractor within 7 days of receipt of such request.
(d)After approval of LoA by Engineer, contractor shall fill the salient details
28.3.4 of contract labours engaged in the contract and ensure updating of each No No Not Allowed
wage payment to them on shramikkalyan portal on monthly basis.
(e)It shall be mandatory upon the contractor to ensure correct and prompt
28.3.5 uploading of all salient details of engaged contractual labour & payments No No Not Allowed
made thereof after each wage period.
(ii) While processing payment of any 'On Account bill' or 'Final bill' or
release of 'Advances' or 'Performance Guarantee / Security deposit',
contractor shall submit a certificate to the Engineer or Engineer's
28.3.6 representatives that "I have uploaded the correct details of contract labours No No Not Allowed
engaged in connection with this contract and payments made to them
during the wage period in Railway's Shramikkalyan portal at
'www.shramikkalyan.indianrailways.gov.in' till ____Month, ____Year."
D. Provisions of "The Building and Other Construction Workers (Regulation
of Employment and Conditions of Service) Act, 1996" and "The Building
and Other Construction Workers' Welfare Cess Act, 1996": The tenderers,
for carrying out any construction work, shall get themselves registered with
28.4 the Registering Officer under Section-7 of the Building and Other No No Not Allowed
Construction Workers Act, 1996 and rules made thereto by the concerned
State Govt., and submit certificate of Registration issued from the
Registering Officer of the concerned State Govt. (Labour Dept.). The Cess
shall be deducted from contractor's bills as per provisions of the Act.

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Reconciliation of disputes: All disputes and differences of any kind

whatsoever arising out of or in connection with the contract, whether during
the progress of the work or after its completion and whether before or after
the determination of the contract, shall be referred by the Contractor to the
"Chief Engineer" or "Divisional Railway Manager" through "Notice of
Dispute" provided that no such notice shall be served later than 30 days
after the date of issue of Completion Certificate by the Engineer. Chief
Engineer or Divisional Railway Manager shall, within 30 days after receipt
of the Contractor's "Notice of Dispute", notify the name of conciliator(s) to
the Contractor. The Conciliator(s) shall assist the parties to reach an
amicable settlement in an independent and impartial manner within the
terms of contract. If the parties reach agreement on a settlement of the
29 No No Not Allowed
dispute, they shall draw up and sign a written settlement agreement duly
signed by Engineer In-charge, Contractor and conciliator(s). When the
parties sign the settlement agreement, it shall be final and binding on the
parties. The parties shall not initiate, during the conciliation proceedings,
any arbitral or judicial proceedings in respect of a dispute that is the subject
matter of the conciliation proceedings. The conciliation proceedings shall
be terminated: By the signing of the settlement agreement by the parties on
the date of agreement; or •By written declaration of the conciliator, after
consultation with the parties, to the effect that further efforts at conciliation
are no longer justified, on the date of declaration; or •By a written
declaration of any party to the conciliator to the effect that the conciliation
proceedings are terminated, on the date of declaration; or
1 Matters Finally Determined by the Railway: All disputes and differences of
any kind whatsoever arising out of or in connection with the contract,
whether during the progress of the work or after its completion and whether
before or after the determination of the contract, shall be referred by the
Contractor to the GM and the GM shall, within 120 days after receipt of the
Contractor's representation, make and notify decisions on all matters
referred to by the Contractor in writing provided that matters for which
29.1 No No Not Allowed
provision 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 of
Contract or in any Clause of the Special Conditions of the Contract shall be
deemed as 'excepted matters' (matters not arbitrable) and decisions of the
Railway authority, thereon shall be final and binding on the Contractor;
provided further that 'excepted matters' shall stand specifically excluded
from the purview of the Arbitration Clause.
30 Demand for Arbitration: No No Not Allowed
(i) In the event of any dispute or difference between the parties hereto as to
the construction or operation of this contract, or the respective rights and
liabilities of the parties on any matter in question, dispute or difference on
any account or as to the withholding by the Railway of any certificate to
which the Contractor may claim to be entitled to, or if the Railway fails to
30.1 No No Not Allowed
make a decision within 120 days, then and in any such case, but except in
any of the "excepted matters" referred to in Clause 63.1 of these
Conditions, the Contractor, after 120 days but within 180 days of his
presenting his final claim on disputed matters shall demand in writing that
the dispute or difference be referred to arbitration.
(ii)(a): The demand for arbitration shall specify the matters which are in
question, or subject of the dispute or difference as also the amount of claim
item-wise. Only such dispute or difference, in respect of which the demand
30.2 No No Not Allowed
has been made, together with counter claims or set off, given by the
Railway, shall be referred to arbitration and other matters shall not be
included in the reference.
(ii)(b): The parties may waive off the applicability of Sub-Section 12(5) of
Arbitration and Conciliation (Amendment) Act 2015, if they agree for such
30.3 No No Not Allowed
waiver in writing, after dispute having arisen between them, in the format
given under Annexure XV of these conditions.
(iii)(a): The Arbitration proceedings shall be assumed to have commenced
30.4 from the day, a written and valid demand for arbitration is received by the No No Not Allowed
Railway.
(iii)(b): The claimant shall submit his claims stating the facts supporting the
claims alongwith all the relevant documents and the relief or remedy sought
30.5 No No Not Allowed
against each claim within a period of 30 days from the date of appointment
of the Arbitral Tribunal.

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(iii)(c): The Railway shall submit its defence statement and counter
30.6 claim(s), if any, within a period of 60 days of receipt of copy of claims from No No Not Allowed
Tribunal, unless otherwise extension has been granted by Tribunal
(iii)(d): Place of Arbitration: The place of arbitration would be within the
geographical limits of the Division of the Railway where the cause of action
30.7 No No Not Allowed
arose or the Headquarters of the concerned Railway or any other place
with the written consent of both the parties.
(iv): No new claim shall be added during proceedings by either party.
However, a party may amend or supplement the original claim or defense
30.8 No No Not Allowed
thereof during the course of arbitration proceedings subject to acceptance
by Tribunal having due regard to the delay in making it.
(v): If the Contractor(s) does/do not prefer his/their specific and final claims
in writing, within a period of 90 days of receiving the intimation from the
30.9 Railways that the final bill is ready for payment, he/they will be deemed to No No Not Allowed
have waived his/their claim(s) and the Railway shall be discharged and
released of all liabilities under the contract in respect of these claims.
Obligation During Pendency of Arbitration: Work under the contract shall,
unless otherwise directed by the Engineer, continue during the arbitration
proceedings, and no payment due or payable by the Railway shall be
30.10 No No Not Allowed
withheld on account of such proceedings, provided, however, it shall be
open for Arbitral Tribunal to consider and decide whether or not such work
should continue during arbitration proceedings.
30.11 Appointment of Arbitrator: No No Not Allowed
(a) : Appointment of Arbitrator where applicability of section 12 (5) of
30.11.1 No No Not Allowed
Arbitration and Conciliation Act has been waived off:
(a)(i): In cases where the total value of all claims in question added
together does not exceed 1,00,00,000/- (Rupees One Crore), the Arbitral
Tribunal shall consist of a Sole Arbitrator who shall be a Gazetted Officer of
30.11.2 Railway not below Junior Administrative Grade, nominated by the General No No Not Allowed
Manager. The sole arbitrator shall be appointed within 60 days from the
day when a written and valid demand for arbitration is received by General
Manager.
a)(ii): In cases not covered by the Clause 64(3)(a)(i), the Arbitral Tribunal
shall consist of a panel of three Gazetted Railway Officers not below Junior
Administrative Grade or 2 Railway Gazetted Officers not below Junior
Administrative Grade and a retired Railway Officer, retired not below the
rank of Senior Administrative Grade Officer, as the arbitrators. For this
purpose, the Railway will send a panel of at least four (4) names of
Gazetted Railway Officers of one or more departments of the Railway
which may also include the name(s) of retired Railway Officer(s)
empanelled to work as Railway Arbitrator to the Contractor within 60 days
from the day when a written and valid demand for arbitration is received by
the General Manager. Contractor will be asked to suggest to General
Manager at least 2 names out of the panel for appointment as Contractor's
30.11.3 No No Not Allowed
nominee within 30 days from the date of dispatch of the request by
Railway. The General Manager shall appoint at least one out of them as
the Contractor's nominee and will, also simultaneously appoint the balance
number of arbitrators either from the panel or from outside the panel, duly
indicating the 'presiding arbitrator' from amongst the 3 arbitrators so
appointed. General Manager shall complete this exercise of appointing the
Arbitral Tribunal within 30 days from the receipt of the names of
Contractor's nominees. While nominating the arbitrators, it will be
necessary to ensure that one of them is from the Accounts Department. An
officer of Selection Grade of the Accounts Department shall be considered
of equal status to the officers in Senior Administrative Grade of other
departments of the Railway for the purpose of appointment of arbitrator.
a).iii: The serving railway officer working in arbitral tribunal in the ongoing
30.11.4 arbitration cases as per clause 64.(3)(a)(i) and clause 64.(3)(a)(ii) above, No No Not Allowed
can continue as arbitrator in the tribunal even after his retirement.
b): Appointment of Arbitrator where applicability of Section 12 (5) of
30.11.5 No No Not Allowed
Arbitration and Conciliation Act has not been waived off:

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b(i) In cases where the total value of all claims in question added together
does not exceed 50,00,000/- (Rupees Fifty Lakh), the Arbitral Tribunal shall
consist of a Retired Railway Officer, retired not below the rank of Senior
Administrative Grade Officer, as the arbitrator. For this purpose, the
Railway will send a panel of at least four (4) names of retired Railway
Officer(s) empanelled to work as Railway Arbitrator duly indicating their
30.11.6 No No Not Allowed
retirement dates to the Contractor within 60 days from the day when a
written and valid demand for arbitration is received by the General
Manager. Contractor will be asked to suggest to General Manager at least
2 names out of the panel for appointment as arbitrator within 30 days from
the date of dispatch of the request by Railway. The General Manager shall
appoint at least one out of them as the arbitrator.
b(ii) In cases where the total value of all claims in question added together
exceed 50,00,000/- (Rupees Fifty Lakh), the Arbitral Tribunal shall consist
of a Panel of three (3) retired Railway Officer, retired not below the rank of
Senior Administrative Grade Officer, as the arbitrators. For this purpose,
the Railway will send a panel of at least four (4) names of retired Railway
Officer(s) empanelled to work as Railway Arbitrator duly indicating their
retirement date to the Contractor within 60 days from the day when a
written and valid demand for arbitration is received by the General
Manager. Contractor will be asked to suggest to General Manager at least
30.11.7 2 names out of the panel for appointment as Contractor's nominee within No No Not Allowed
30 days from the date of dispatch of the request by Railway. The General
Manager shall appoint at least one out of them as the Contractor's nominee
and will, also simultaneously appoint the balance number of arbitrators
either from the panel or from outside the panel, duly indicating the
'Presiding Arbitrator' from amongst the 3 arbitrators so appointed. General
Manager shall complete this exercise of appointing the Arbitral Tribunal
within 30 days from the receipt of the names of Contractor's nominees.
While nominating the arbitrators, it will be necessary to ensure that one of
them has served in the Accounts Department.
c)(i): If one or more of the arbitrators appointed as above refuses to act as
arbitrator, withdraws from his office as arbitrator, or vacates his/their
office/offices or is/are unable or unwilling to perform his functions as
arbitrator for any reason whatsoever or dies or in the opinion of the
30.11.8 General Manager fails to act without undue delay, the General Manager No No Not Allowed
shall appoint new arbitrator/arbitrators to act in his/their place in the same
manner in which the earlier arbitrator/arbitrators had been appointed. Such
re-constituted Tribunal may, at its discretion, proceed with the reference
from the stage at which it was left by the previous arbitrator (s).
(c) (ii): (a) The Arbitral Tribunal shall have power to call for such evidence
by 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 all
30.11.9 No No Not Allowed
such things as may be necessary to enable the Arbitral Tribunal to make
the award without any delay. The proceedings shall normally be conducted
on the basis of documents and written statements.
c.ii(b) Before proceeding into the merits of any dispute, the Arbitral Tribunal
shall first decide and pass its orders over any plea submitted/objections
raised by any party, if any, regarding appointment of Arbitral Tribunal,
validity of arbitration agreement, jurisdiction and scope of the Tribunal to
deal with the dispute (s) submitted to arbitration, applicability of time
30.11.10 No No Not Allowed
'limitation' to any dispute, any violation of agreed procedure regarding
conduct of the arbitral proceedings or plea for interim measures of
protection and record its orders in day to day proceedings. A copy of the
proceedings duly signed by all the members of tribunal should be provided
to both the parties.

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(c)(iii): (i) Qualification of Arbitrator (s): (a) Serving Gazetted Railway

Officers of not below JA Grade level. (b) Retired Railway Officers not below
SA Grade level, one year after his date of retirement. (c) Age of arbitrator
at the time of appointment shall be below 70 years. (ii) An arbitrator may be
appointed notwithstanding the total number of arbitration cases in which he
has been appointed in the past. (iii) While appointing arbitrator(s) under
Sub-Clause 64.(3)(a)(i), 64.(3)(a)(ii), 64.(3)(b)(i) & 64.(3)(b)(ii) above, due
care shall be taken that he/they is/are not the one/those who had an
30.11.11 opportunity to deal with the matters to which the contract relates or who in No No Not Allowed
the course of his/their duties as Railway servant(s) expressed views on all
or any of the matters under dispute or differences. A certification to this
effect as per annexure- XVI shall be taken from Arbitrators also. The
proceedings of the Arbitral tribunal or the award made by such Tribunal will,
however, not be invalid merely for the reason that one or more arbitrator
had, in the course of his service, opportunity to deal with the matters to
which the contract relates or who in the course of his/their duties expressed
views on all or any of the matters under dispute.
(d)(i): The arbitral award shall state item wise, the sum and reasons upon
30.11.12 which it is based. The analysis and reasons shall be detailed enough so No No Not Allowed
that the award could be inferred therefrom.
d)(ii): A party may apply for corrections of any computational errors, any
typographical or clerical errors or any other error of similar nature occurring
30.11.13 No No Not Allowed
in the award of a Tribunal and interpretation of a specific point of award to
Tribunal within 60 days of receipt of the award.
(d)(iii): A party may apply to Tribunal within 60 days of receipt of award to
30.11.14 make an additional award as to claims presented in the arbitral No No Not Allowed
proceedings but omitted from the arbitral award
In case of the Tribunal, comprising of three members, any ruling on award
30.12 shall be made by a majority of members of Tribunal. In the absence of such No No Not Allowed
a majority, the views of the Presiding Arbitrator shall prevail.
Where the arbitral award is for the payment of money, no interest shall be
30.13 payable on whole or any part of the money for any period till the date on No No Not Allowed
which the award is made.
The cost of arbitration shall be borne by the respective parties. The cost
shall inter-alia include fee of the arbitrator(s), as per the rates fixed by
Railway Board from time to time and the fee shall be borne equally by both
the parties, provided parties sign an agreement in the format given at
Annexure XV to these condition after/ while referring these disputes to
30.14 No No Not Allowed
Arbitration. Further, the fee payable to the arbitrator(s) would be governed
by the instructions issued on the subject by Railway Board from time to time
irrespective of the fact whether the arbitrator(s) is/are appointed by the
Railway Administration or by the court of law unless specifically directed by
Hon'ble court otherwise on the matter.
Subject to the provisions of the aforesaid Arbitration and Conciliation Act
1996 and the rules thereunder and relevant para of General Conditions of
30.15 No No Not Allowed
Contract (GCC) and any statutory modifications thereof shall apply to the
appointment of arbitrators and arbitration proceedings under this Clause.
Rates are inclusive of all taxes / octroi, license fee, royalty charges etc.
31 legally leviable by state, Central Government and/or any other local No No Not Allowed
authority.
The contract shall be governed by the provision of GCC 2018 edition with
up to date corrections thereto. INDIAN RAILWAY STANDARD GERNERAL
CONDITION OF CONTRACT is also available on the Indian Railways
32 website. Tenderers are requested to visit the website and be aware of the No No Not Allowed
Terms and Conditions of GCC-2018. All of the clause & sub-clause
mentioned in the tender form to be read in accordance with INDIAN
RAILWAY STANDARD GERNERAL CONDITION OF CONTRACT-2018.
Price Variation Clause (PVC) :-Price Variation Clause (PVC) in Works
Contract 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 been
33 No No Not Allowed
decided to remove the PVC clause in all works contract tenders having
value less than Rs. 5 Crore .(Ref. : Railways Board Letter No.
2017/Trans/01/Policy Dated 08.02.2018)

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The Tenderer(s) shall quote his / their rates as a percentage above or

below the Schedule of Rates of N.E. Railway as applicable to Varanasi
Division except where he/they are required to quote item rates and must
tender for all the items shown in the Schedule of approximate quantities.
34 No No Not Allowed
The quantities shown in the Schedule are given as a guide and are
approximate only and are subject to variation according to the needs of the
Railway. The Railway does not guarantee work under each item of
schedule.
Transportation of material :- The contractor is entirely responsible and shall
bear all expenses for loading, transport, handling and unloading etc. of all
materials, equipments, machines, tools etc. from the sources of supply to
35 the site of work. The material to be supplied by Railway will be handed over No No Not Allowed
to the contractor by the Consignee. Transportation of these materials up to
the site of work will be contractor's responsibility. The form 38 (Road
permit) will not be issued by Railway on demand from the contractor.
Inspection of sites before Tendering etc: - The tenderer(s) shall inspect the
proposed site of work and acquaint himself/themselves with the site
condition, working hours, lay of land, stacking space for materials,
36 No No Not Allowed
approach road, path available etc. No claim shall be entertained from the
contractor/s for making his/their own arrangements for
approaches/approach from outside Railway line.
Arrangements of permits or license :Arrangement for permit and license for
materials will not be made by the Railway or any assistance given. The
37 No No Not Allowed
contractor will have to make his/their own arrangement. Also no import
license shall be arranged by the Railway for this work.
Determination of contract: -Without Prejudice to the foregoing it is reiterated
that the Railway shall have the right to determine the contract in terms of
38 No No Not Allowed
clause 61 and 62 of General conditions of contract (2018) in addition to
exercising all the rights reserve to it there under.
39 Execution of work:- No No Not Allowed
(i) All works must be carried out strictly in accordance with the approved
plans, standard drawings and specifications and should conform to the
39.1 provisions of Signal Engineering Manual and Schedule of dimensions No No Not Allowed
where such are applicable. Deviation, if any, must have the prior approval
of the Divisional Railway Manager (S&T) Varanasi.
(ii) Clearances prescribed under the schedule of dimension to ensure
39.2 safety shall be complied at all the times during execution of work to avoid No No Not Allowed
hazards to moving trains.
(iii) At the discretion of the Engineer, the priorities of the works at the
39.3 various locations may be altered by giving two days notice to the No No Not Allowed
contractor.
(iv) The contractor shall have such materials inspected by authorized
representative of Engineer-in-charge before commencing their installation.
He will also produce necessary inspection certificate to prove that the
materials have already been passed by RDSO/ RITES where required. He
39.4 No No Not Allowed
will then make his arrangements for carrying the materials to the works
spot at his own cost. The contractor shall be responsible for checking
before taking delivery that all the materials given to him are in good
condition.
(v) The materials issued by the Railway shall be used solely and
economically for the purpose of the works covered under this contract only.
The materials shall be used in such quantities and manner as are indicated
39.5 No No Not Allowed
in the schedule or in the relevant specifications or drawings or as approved
by the Engineer whose decision thereon shall be final. Wastage or damage
to such materials in any manner shall not be caused by the contractor.
(vi) The contractor shall be liable to render full accountable for the
materials issued by the Railway. If any quantity of the Railway materials is
consumed in excess or wasted or damaged or lost or otherwise not
39.6 No No Not Allowed
satisfactorily accounted for, recovery shall be made from the contractor at
twice the market rate of the materials prevailing at the time of last issue of
the material.

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(vii) If at any time, any material or tool which the contractor would normally
have to arrange for himself for execution of the work is supplied by the
Railway either at the contractor's request or sub motto in order to prevent
possible delay in the execution of the work due to contractor's inability to
39.7 make adequate arrangements for the supply thereof or otherwise, such No No Not Allowed
materials or tools will be made available to the contractor in the Railway's
stores. All handling thereof will be the contractor's responsibility. Recovery
of the cost of such supply will be made from the contractor's bill as per
extent rules of the Railway.
(viii) If the material is however not available in Railway stock or the Railway
decides not to supply the same, whatever be the reason, the Railway shall
39.8 No No Not Allowed
not be bound to arrange for the supply nor will this fact be accepted as an
excuse for delay in the execution of the work.
(ix) The variation of quantity of work up to 25% shall in no degree affect the
validity of the contract and shall be performed by the contractor as provided
therein and be subject to the same conditions, stipulations and obligations
39.9 No No Not Allowed
originally included and approved for in specifications and drawings and the
amount to be paid thereof shall be calculated in accordance with the
accepted rates of the schedule.
(x) In the event of any reduction in the quantity of work to be executed for
any reason whatsoever the contractor shall not be entitled to any
39.10 No No Not Allowed
compensation but shall be paid only for the actual amount of work done in
accordance with the accepted rate of the schedule.
(xi) The contractor is bound to notify the Engineer at least seven days
39.11 before the necessity for the execution of any item in excess of 25% of the No No Not Allowed
quantity provided in the agreement.
(xii) In case the contractor fails to attend the meeting after being notified to
do so or in the event of no agreement being arrived at the Railway shall be
39.12 No No Not Allowed
entitled to execute the extra work by other means and the contractor shall
have no claim for loss or damage that may result from such procedure.
(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 other
39.13 No No Not Allowed
packing materials that might have been handed over to him. They shall be
taken over by the Railway's representative.
(xiv) The contractor shall take proper written acknowledgement from the
39.14 No No Not Allowed
Engineer's representative for all the materials returned by him.
(xv) All tools that are required by the contractor for the purpose of
transportation of materials, digging, concreting, welding etc. shall be
brought by the contractor himself. This shall include spare parts, fuel, and
39.15 No No Not Allowed
consumable stores. The rates quoted by the contractor shall be deemed to
be inclusive of all charges for such items and inclusive of labour required to
ensure efficient and methodical execution of work.
(xvi) Till the installation is completed and handed over in all respects to the
Railway Engineer and operating department for safe trains working, the
contractor shall be responsible for the equipment installed. However, no
installation should be commissioned without the same being taken over by
the Railway staff after proper testing of the equipment. For this purpose,
39.16 No No Not Allowed
the Railway Engineer will immediately after commissioning of the
equipment give in writing a list of deficiencies to be put right to the
contractor. Where disconnection of points, circuits is involved to put right
the deficiencies, such work shall be done by the contractor only under the
supervision of the Railway supervisory staff.
40 Consignee: The consignee for the Work will be as under: SSE/Sig/BSB No No Not Allowed

Special Conditions

S.No. Description Confirmation Remarks Documents

Required Allowed Uploading
1 TIME OF COMPLETION: No No Not Allowed
(a) The entire work as per Schedule should be completed within a mentioned
1.1 period from the date of issue of letter of acceptance except for any delays due No No Not Allowed
to
1.2 (b) Non-supply of material by the Railway Administration if any. No No Not Allowed

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(c) Decision not given by the Railway Administration on technical matter if

1.3 No No Not Allowed
referred to by the contractor.
1.4 (d) Hindrance created by any other departments. No No Not Allowed
(e) Due to any force major clause. The delay in completion of works which is
attributed by the contractor to the railway's cause mentioned above should be
advised in writing to the railway Engineer immediately by the contractor for
1.5 No No Not Allowed
rectification/investigation. If such advice in writing is not given, the delay will
not be accepted by the railway and no extension will be granted on this
account.
(i). Measurement of Works by Railway: The Contractor shall be paid for the
works at the rates in the accepted Schedule of Rates and for extra works at
rates determined under Clause 39 of these Conditions on the measurements
taken by the Engineer or the Engineer's representative in accordance with the
rules prescribed for the purpose by the Railway. The quantities for items the
unit of which in the accepted Schedule of Rates is 100 or 1000 shall be
calculated to the nearest whole number, any fraction below half being
dropped and half and above being taken as one; for items the unit of which in
the accepted Schedule of Rates is single, the quantities shall be calculated to
two places of decimals. Such measurements will be taken of the work in
progress from time to time and at such intervals as in the opinion of the
2 Engineer shall be proper having regard to the progress of works. The date No No Not Allowed
and time on which 'on account' or 'final' measurements are to be made shall
be communicated to the Contractor who shall be present at the site and shall
sign the results of the measurements (which shall also be signed by the
Engineer or the Engineer's representative) recorded in the official
measurements book as an acknowledgement of his acceptance of the
accuracy of the measurements. Failing the Contractor's attendance, the work
may be measured up in his absence and such measurements shall,
notwithstanding such absence, be binding upon the Contractor whether or not
he shall have signed the measurement books provided always that any
objection made by him to measurement shall be duly investigated and
considered in the manner set out below:
(a) It shall be open to the Contractor to take specific objection to any recorded
measurements or Classification on any ground within seven days of the date
of such measurements. Any re-measurement taken by the Engineer or the
Engineer's representative in the presence of the Contractor or in his absence
2.1 No No Not Allowed
after due notice has been given to him in consequence of objection made by
the Contractor shall be final and binding on the Contractor and no claim
whatsoever shall thereafter be entertained regarding the accuracy and
Classification of the measurements.
(b) If an objection raised by the Contractor is found by the Engineer to be
2.2 incorrect the Contractor shall be liable to pay the actual expenses incurred in No No Not Allowed
measurements.
(ii). Measurement of Works by Contractor's Authorized Representative (in
2.3 No No Not Allowed
case the contract provides for the same):
(a) The Contractor shall be paid for the works at the rates in the accepted
Schedule of Rates and for extra works at rates determined under Clause 39
of these Conditions on the measurements taken by the Contractor's
authorized Engineer in accordance with the rules prescribed for the purpose
by the Railway. The quantities for items the unit of which in the accepted
Schedule of Rates is 100 or 1000 shall be calculated to the nearest whole
number, any fraction below half being dropped and half and above being
taken as one; for items the unit of which in the accepted Schedule of Rates is
single, the quantities shall be calculated to two places of decimals. Such
2.4 No No Not Allowed
measurements will be taken of the work in progress from time to time. The
date and time on which 'on account' or 'final' measurements are to be made
shall be communicated to the Engineer. The date and time of test checks
shall be communicated to the Contractor who shall be present at the site and
shall witness the test checks, failing the Contractor's attendance the test
checks may be conducted in his absence and such test checks shall not
withstanding such absence be binding upon Contractor provided always that
any objection made by Contractor to test check shall be duly investigated and
considered in the manner set out below:

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(i)It shall be open to the Contractor to take specific objection to test checks of
any 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 the
2.4.1 Contractor or in his absence after due notice given to him in consequent of No No Not Allowed
objection made by the Contractor shall be final and binding on the Contractor
and no claim whatsoever shall thereafter be entertained regarding the
accuracy and classification of the measurements.
(ii)If an objection raised by the Contractor is found by the Engineer to be
2.4.2 incorrect the Contractor shall be liable to pay the actual expenses incurred in No No Not Allowed
measurements.
(b) Incorrect measurement, actions to be taken: If in case during test check or
otherwise, it is detected by the Engineer that agency has claimed any
2.5 exaggerated measurement or has claimed any false measurement for the No No Not Allowed
works which have not been executed; amounting to variation of 5% or more of
claimed gross bill amount, action shall be taken as following:
(i)On first occasion of noticing exaggerated/ false measurement, Engineer
2.5.1 No No Not Allowed
shall impose a penalty of 10% of claimed gross bill value.
(ii)On any next occasion of noticing any exaggerated/false measurement,
railway shall impose penalty of 15% of claimed gross bill value. In addition the
2.5.2 facility of recording of measurements by Contractor as well as release of No No Not Allowed
provisional payment shall be withdrawn. Once withdrawn, measurements shall
be done by railway as per GCC-2018 clause 45(i) above.
3 MODE OF PAYMENT: - No No Not Allowed
3.1 Payment for those items which involve both " Supply and Installation" : No No Not Allowed
(i) 80% of the cost of schedule item will be paid on receipt of materials at the
nominated stores depot duly inspected by inspecting authority subject to the
3.1.1 No No Not Allowed
furnishing of Inspection certificates, receipt certificate, Challans and all other
relevant documents as per rule.
3.1.2 (ii)10% of cost of schedule item will be paid after the installation of materials. No No Not Allowed
(iii) Balance 10% of the cost of material will be paid after the successful
3.1.3 commissioning of the work/part of work(i.e. commissioning of work at No No Not Allowed
individual station).
3.2 For those items involving "Supply only" : No No Not Allowed
(i) 90% of the cost of the material supplied will be paid on receipt of materials
3.2.1 at the nominated stores duly inspected by the inspecting authority subject to No No Not Allowed
furnishing of Inspection certificate.
(ii) Balance 10% of the cost of materials supplied will be paid after the
3.2.2 successful commissioning of the work/part of work(i.e. commissioning of work No No Not Allowed
at individual station).
3.3 For those items involving "Designing/Installation/Erection only": No No Not Allowed
3.3.1 (i) 90% of the cost will be paid after completion of activity/part of activity. No No Not Allowed
(ii) Balance 10% cost will be paid after the successful commissioning of the
3.3.2 No No Not Allowed
work/part of the work(i.e. commissioning of work at individual station)
No additional charges will be paid to the contractor for transporting to and
3.4 from stores depot of Railway to the site of work including Railway material, if No No Not Allowed
any.
Necessary RDSO, IRS/TEC/DOT specification/drawing, if any required shall
3.5 No No Not Allowed
be obtained by the tenderer at his own cost.
4 INSPECTION :- No No Not Allowed
a) Contractor shall submit call letter for inspection to consignee 7 ( Seven)
4.1 No No Not Allowed
days in advance with an intimation to Sr. DSTE, N.E. Railway , VARANASI ,
b) Contractor shall produce all other related materials required for the work at
4.2 site at his own cost for inspection by authorized representative of engineer-in- No No Not Allowed
charge.
c) All the materials inspected and passed shall be marked suitably by the
inspecting official and are to be kept under contractor custody which will be
4.3 used for execution only. However, Railway reserves the right to reject any No No Not Allowed
materials, if found spoiled/damaged during transportation, for which the
contractor shall replace at his cost within 15 days of detection.

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d) Any materials reject by the inspecting official due to not being as per the
specification or not in proper condition, the same is to be removed by the
4.4 No No Not Allowed
contractor within 7 days at his cost. For this the decision of inspecting official
shall final and binding on the contractor.
In case the successful is not liable to be registered under
CGST/IGST/UTGST/SGST Act, the railway shall deduct the applicable GST
5 No No Not Allowed
from his/their under reverse charge mechanism (RCM) and deposit the same
to the concerned authority.
6 Conditions for Letter of Credit (LC) arrangement. No No Not Allowed
(i)For all the tenders having advertised cost of Rs 10 lakh or above, the
6.1 contractor shall have the option to take payment from Railways through a No No Not Allowed
letter of credit (LC) arrangement.
(ii) This option of taking payment through LC arrangement has to be
exercised in IREPS (Indian Railway Electronic Procurement System the e-
6.2 application on which tenders are called by Railways) by the tenderer at the No No Not Allowed
time of bidding itself, and the tenderer shall affirm having read over and
agreed to the terms and conditions of the LC option.
6.3 (iii)The option so exercised, shall be an integral part of the bidder's offer. No No Not Allowed
(iv)The above option of taking payment through LC arrangement, once
6.4 exercised by tenderer at the time of bidding, shall be final and no change shall No No Not Allowed
be permitted, thereafter, during execution of contract.
(v)In case tenderer opts for payment through LC, following shall be the
6.5 No No Not Allowed
procedure to deal release of payment through LC:
6.5.1 (a) The LC shall be a sight LC No No Not Allowed
(b)The contractor shall select his Advising/Negotiating bank for LC. The
6.5.2 incidental cost towards issue of LC and its operation thereof shall be borne by No No Not Allowed
the contractor.
(c)SBI, New Delhi, Main Branch will be the nodal branch for issue of LCs
based on online requests received from Railway Accounts Units for tenders
opened in financial year 2018-19. SBI branches where the respective Railway
Accounts Office has its Account (local SBI branch) will be the
6.5.3 No No Not Allowed
issuance/reimbursing branch for LC issued under this arrangement. The Bank
shall remain same for this tender till completion of contract. The incidental
cost @ 0.15% per annum of LC value, towards issue of LC and operation
thereof shall be borne by the contractor and shall be recovered from his bills.
(d)The LC shall be opened initially for duration of 180 to 365 days in
consultation with contractor. The LC shall be extended time to time as per the
progress of the contract, on the request of the contractor. The value of LC to
6.5.4 No No Not Allowed
be opened initially as well as extended thereafter shall be finalised by the
engineer in consultation with the contractor on the basis of expected progress
of work.
(e)The LC terms and conditions shall inter-alia indemnify and save harmless
the Railway from and against all losses, claims and demands of every nature
and description brought or recovered against the Railways by reason of any
6.5.5 No No Not Allowed
act or omission of the contractor, his ,agents or employees, in relation to the
Letter of Credit (LC). All sums payable/borne by Railways on this account
shall be considered as reasonable compensation and paid by contractor.
(f) The LC terms and conditions shall inter-alia provide that Railways will issue
a Document of Authorisation (format enclosed as Annexure 2) after passing
6.5.6 No No Not Allowed
the bill for completed work, to enable contractor to claim the authorized
amount from their bank.
(g)The acceptable, agreed upon document for payments to be released
6.5.7 No No Not Allowed
under the LC shall be the Document of Authorisation.
(h)The Document of Authorisation shall be issued by Railway Accounts Office
6.5.8 No No Not Allowed
against each bill passed by Railways.
(i)On issuance of Document of Authorisation, a copy of Document of
Authorisation shall be posted on IREPS for download by the contractor. A
6.5.9 No No Not Allowed
digitally signed copy of Document of Authorisation shall also be sent by
Railway Accounts Office to Railway's bank (Local SBI Branch).
(j)The contractor shall take print out of the Document of Authorisation
available on IREPS and present his claim to his bank (advising Bank) for
6.5.10 No No Not Allowed
necessary payments as per LC terms and conditions. The claim shall
comprise of copy of Document of Authorisation, Bill of Exchange and Bill.

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(k)The payment against LC shall be subject to verification from Railway's

6.5.11 No No Not Allowed
Bank (Local SBI Branch).
(l)The contractor's bank (advising bank) shall submit the documents to the
6.5.12 No No Not Allowed
Railway's Bank (Local SBI Branch).
(m)The railway's bank (issuing bank) shall, after verifying the claim so
received w.r.t. the digitally signed Document of Authorisation received from
6.5.13 No No Not Allowed
Railway Accounts Office, release the payment to contractor's bank (advising
bank) for crediting the same to contractor's account.
(n)Any number of bills can be dealt within one LC, provided the sum total of
6.5.14 No No Not Allowed
payments to contractor is within the amount for which LC has been opened.
(o) The LC shall be closed after the release of final payment including PVC
6.5.15 No No Not Allowed
amount, if any, to the contractor.
(p)The release of performance guarantee or security deposit shall be dealt
6.5.16 No No Not Allowed
directly by railway with the contractor i.e., not through LC.
Force Majeure Clause: If at any time, during the continuance of this contract,
the performance in whole or in part by either party of any obligation under this
contract shall be prevented or delayed by reason of any war, hostility, acts of
public enemy, civil commotion, sabotage, serious loss or damage by fire,
explosions, epidemics, strikes, lockouts or acts of God (hereinafter, referred
to events) provided, notice of the happening of any such event is given by
either party to the other within 30 days from the date of occurrence thereof,
neither party shall by reason of such event, be entitled to terminate this
7 contract nor shall either party have any claim for damages against the other in No No Not Allowed
respect of such non-performance or delay in performance, and works under
the contract shall be resumed as soon as practicable after such event has
come to an end or ceased to exist, and the decision of the Engineer as to
whether the works have been so resumed or not shall be final and conclusive,
PROVIDED FURTHER that if the performance in whole or in part of any
obligation under this contract is prevented or delayed by reason of any such
event for a period exceeding 120 days, either party may at its option
terminate the contract by giving notice to the other party.
A-Extension of Time in Contracts: Subject to any requirement in the contract
as to completion of any portion or portions of the works before completion of
the whole, the Contractor shall fully and finally complete the whole of the
7.1 No No Not Allowed
works comprised in the contract (with such modifications as may be directed
under conditions of this contract) by the date entered in the contract or
extended date in terms of the following clauses:
(i)Extension due to Modification: If any modifications have been ordered which
in the opinion of the Engineer have materially increased the magnitude of the
work, then such extension of the contracted date of completion may be
granted as shall appear to the Engineer to be reasonable in the
7.1.1 No No Not Allowed
circumstances, provided moreover that the Contractor shall be responsible for
requesting such extension of the date as may be considered necessary as
soon as the cause thereof shall arise and in any case not less than one month
before the expiry of the date fixed for completion of the works.

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(ii)Extension for Delay not due to Railway or Contractor: If in the opinion of the
Engineer, the progress of work has any time been delayed by any act or
neglect of Railway's employees or by other Contractor employed by the
Railway under Sub-Clause (4) of Clause 20 of GCC-2018 or in executing the
work not forming part of the contract but on which Contractor's performance
necessarily depends or by reason of proceeding taken or threatened by or
dispute with adjoining or to neighbouring owners or public authority arising
otherwise through the Contractor's own default etc. or by the delay authorized
by the Engineer pending arbitration or in consequences of the Contractor not
having received in due time necessary instructions from the Railway for which
he shall have specially applied in writing to the Engineer or his authorized
representative then upon happening of any such event causing delay, the
7.1.2 Contractor shall immediately give notice thereof in writing to the Engineer No No Not Allowed
within 15 days of such happening, but shall nevertheless make constantly his
best endeavours to bring down or make good the delay and shall do all that
may be reasonably required of him to the satisfaction of the Engineer to
proceed with the works. The Contractor may also indicate the period for which
the work is likely to be delayed and shall be bound to ask for necessary
extension of time. The Engineer on receipt of such request from the
Contractor shall consider the same and shall grant such extension of time as
in his opinion is reasonable having regard to the nature and period of delay
and the type and quantum of work affected thereby. No other compensation
shall be payable for works so carried forward to the extended period of time;
the same rates, terms and conditions of contract being applicable as if such
extended period of time was originally provided in the original contract itself.
(iii)Extension for Delay due to Railways: In the event of any failure or delay by
the Railway to hand over the Contractor possession of the lands necessary
for the execution of the works or to give the necessary notice to commence
the works or to provide the necessary drawings or instructions or any other
7.1.3 delay caused by the Railway due to any other cause whatsoever, then such No No Not Allowed
failure or delay shall in no way affect or vitiate the contract or alter the
character thereof or entitle the Contractor to damages or compensation
therefor, but in any such case, the Railway may grant such extension or
extensions of the completion date as may be considered reasonable.

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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 in
the contract documents shall be deemed to be the essence of the contract
and the works must be completed not later than the date(s) as specified in the
contract. If the Contractor fails to complete the works within the time as
specified in the contract for the reasons other than the reasons specified in
Clause 17 and 17-A, the Railway may, if satisfied that the works can be
completed by the Contractor within reasonable short time thereafter, allow the
Contractor for further extension of time (Proforma) as the Engineer may
decide. On such extension the Railway will be entitled without prejudice to any
other right and remedy available on that behalf, to recover from the
Contractor as agreed damages and not by way of penalty for each week or
part of the week, a sum calculated at the following rates of the contract value
of the works. For the purpose of this Clause, the contract value of the works
shall be taken as value of work as per contract agreement including any
supplementary work order/contract agreement issued. Provided also, that the
total amount of liquidated damages under this condition shall not exceed 5%
of the contract value or of the total value of the item or groups of items of
work for which a separate distinct completion period is specified in the
7.2 No No Not Allowed
contract. S.No. Duration of extension of time under Clause 17-B of GCC-2018
Rate of Penalty (i)Up to Twenty percent of original period of completion
including period of extension of DOC granted under Section 17A(i)As decided
by Engineer, between 0.01% to 0.10% of contract value for each week or part
of the week (ii)Above Twenty percent but upto Thirty percent of original period
of completion including period of extension of DOC granted under Section
17A(i)0.20% of contract value for each week or part of the week (iii)Above
Thirty percent but upto Forty percent of original period of completion including
period of extension of DOC granted under Section 17A(i)0.30% of contract
value for each week or part of the week (iv)Above Forty percent of original
period of completion including period of extension of DOC granted under
Section 17A(i)0.50% of contract value for each week or part of the week
Provided further, that if the Railway is not satisfied that the works can be
completed by the Contractor and in the event of failure on the part of the
contractor to complete the work within further extension of time allowed as
aforesaid, the Railway shall be entitled without prejudice to any other right or
remedy available in that behalf, to appropriate the contractor's Security
Deposit and rescind the contract under Clause 62 of these Conditions,
whether or not actual damage is caused by such default.
8 Warranty: No No Not Allowed
i) The contractor shall guarantee satisfactory working of the entire installation
8.1 with all its equipment erected by them for a period of 12 months from the date No No Not Allowed
of commissioning of the work.
(ii) The contractor shall warrant that every thing to be furnished hereunder
shall be free from all latent and patent defects and faults in materials,
workmanship and manufacture and shall be of the highest grade and
8.2 consistent with the established and generally accepted standards for No No Not Allowed
materials of the type ordered and in full conformity with the contract
specifications, drawings or samples, any and shall if operable, operate
properly
(iii) The warranty shall survive inspection of payment of or/and acceptance of
the goods, but shall expire 12 months from the date of placing in service as
8.3 referred to in above clause. Any approval or acceptance by the Railway of the No No Not Allowed
stores or of the materials incorporated herein shall not in any way limit the
Contractor's liability
(iv) During the period of warranty the contractor shall remain responsible to
arrange replacement and for setting right at his own cost any equipment
installed by him which is of a defective material manufacture or design or
8.4 becomes unworkable due to any cause what-so-ever. The decision of the No No Not Allowed
DRM (S&T) BSB, N. E. Railway in this regard to direct the contactor to attend
to any damage or defect in work or arrange replacement of any part thereof
shall be final and binding on the contractor.
(v) The contractor shall, if required, replace or repair the goods or such
portion thereof as is rejected by the Railway, free of cost at the ultimate
8.5 destination or at the opinion of the Railway contractor shall pay to the Railway No No Not Allowed
value thereof at the contract price and such other expenditure and damages
as may arise by reason of the breach of the conditions herein specified.

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(vi) All replacements and repairs that the Railway shall call upon the
contractor to deliver or perform under this warranty shall be delivered and
performed by the contractor promptly and satisfactorily. If the contractor so
8.6 desired the replaced parts can be taken over by him or his representative for No No Not Allowed
disposal as he deems fit within period of 3 months from the date of
replacement of goods/parts. At the expiry of this period no claim whatsoever
shall lie on the Railway.
(vii) The decision of the DRM (S&T) BSB, N. E. Railway in regard to
contractor's liability to attend to any damage or defect in work arrange or
8.7 No No Not Allowed
replacement of any part thereof and the amount, if any, payable under this
warranty shall be final binding and conclusive.
9 Inspection and testing of materials: No No Not Allowed
(a) Materials supplied by contractor shall be in accordance with standard
specifications and drawings as approved by the Railway. Inspection of
9.1 No No Not Allowed
materials will be done by the authorized representative of DRM (S&T) BSB, N.
E. Railway at the contractor's premises before dispatch.
(b) If a product, upon arrival at destination does not meet the requirements of
the specification, it may be rejected in spite of any inspection already
9.2 conducted and the decision of DRM (S&T) BSB, N. E. Railway or his nominee No No Not Allowed
shall be final and binding in that regard and the same shall not be called in
question.
(c) The representative appointed for conducting inspection and tests of the
materials supplied by the contractor shall have full powers to reject all or any
9.3 No No Not Allowed
that they may consider to be defective or of inferior in quality or material or
workmanship or design to what is called for in the specification.
9.4 (d) Inspection charges of RDSO / RITES shall be borne by railway. No No Not Allowed
10 Deployment of Qualified Engineers at Work Sites by the Contractor: No No Not Allowed
(i) The contractor shall employ the following technical staff during the
10.1 No No Not Allowed
execution of this work.
(ii) One Graduate Engineer when the cost of work to be executed is Rs.15
10.2 No No Not Allowed
lakhs and above.
(iii) One qualified Diploma holder (Overseer) when the cost of the work to be
10.3 No No Not Allowed
executed is more than Rs.5 lakhs but less than 15 lakhs.
(iv) Technical staff should be available at site whenever required by the
Engineer-in-charge to take instructions. In case contractor fails to employ the
technical staff as aforesaid, he shall be liable to pay a reasonable amount not
10.4 No No Not Allowed
exceeding a sum of Rs.2000/-(Rs. Two thousand only) for each month of
default in case of Graduate Engineer and Rs.1000/- (Rs. One thousand only)
for each month of default in case of Diploma holder (Overseer).
(v) The decision of the Engineer-in-charge as to the period for which the
required technical staff was not employed by the contractor and as the
10.5 No No Not Allowed
reasonableness of the amount to be deducted on this account shall be final
and binding on contractor.

6. Documents attached with tender

S.No. Document Name Document Description

1 Affadavit19-20-11.pdf Affadavit
2 Annexure-2forcLC.pdf Annexure 2 for LC
3 BankMandateForm.pdf Bank Mandate Form
4 SCC.pdf SCC for EI
5 Technicalspecification11.pdf Technical specification
6 Undertaking.pdf Undertaking

This tender complies with Public Procurement Policy (Make in India) Order 2017, dated 15/06/2017, issued by
Department 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.

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 VARANASI DIVISION-S AND T/NORTH EASTERN RLY
TENDER DOCUMENT
Tender No: N-539-2-OT-19-20-11 Closing Date/Time: 11/06/2019 15:00

Signed By: ASHUTOSH KUMAR PANDEY

Designation : Sr.DSTEBSB

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