Lalitpur 7.21 Crs Slope
Lalitpur 7.21 Crs Slope
TENDER DOCUMENT
Tender No: DY-CE-C-II-JHS-2023-07 Closing Date/Time: 21/07/2023 15:00
Dy.CE/C-II/JHS acting for and on behalf of The President of India invites E-Tenders against Tender No DY-CE-C-II-JHS-2023-07
Closing Date/Time 21/07/2023 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.
1. NIT HEADER
Rock fall protection, slope stabilization and other ancillary work in cutting area of Lalitpur -
Name of Work
Bina section in connection with JHS-Bina 3rd line project."
Bidding type Normal Tender
Tender Type Open Bidding System Single Packet System
Tender Closing Date Time 21/07/2023 15:00 Date Time Of Uploading Tender 28/06/2023 16:28
Pre-Bid Conference
No Pre-Bid Conference Date Time Not Applicable
Required
Advertised Value 72108400.00 Tendering Section RATE
Bidding Style Single Rate for Each Schedule Bidding Unit
Earnest Money (Rs.) 510600.00 Validity of Offer ( Days) 60
Tender Doc. Cost (Rs.) 0.00 Period of Completion 6 Months
Contract Type Works Contract Category Expenditure
Are Joint Venture (JV) firms
Bidding Start Date 07/07/2023 No
allowed to bid
Ranking Order For Bids Lowest to Highest Expenditure Type Capital (Works)
2. SCHEDULE
S.No. Item Item Qty Qty Unit Unit Rate Basic Value Escl.(%) Amount Bidding
Code Unit
Above/
Schedule A-Item description 72108400.00
Below/Par
NS1 14000.00 Sqm 5150.60 72108400.00 AT Par 72108400.00
Description:- (A) Supply of galvanized steel rope net made of minimum 9.0 mm diameter wire with polymer core
embedded /steel core rope with square/trapezoidal/rhomboidal or any other shape having equivalent or superior
technical specifications prescribed in approved drawings. Mesh shall have minimum aperture size of 0.30m x
0.30m width hangs of 5.0 m width (lesser width allowed depending on the site conditions).The joint strength,
minimum tensile strength of the net in vertical direction and in horizontal direction & minimum punch resistance
shall meet the technical specifications prescribed in approved drawings. Supply is inclusive of transportation at
site with all contractors' resources, packing, handling & etc. (B) Supply of Mechanically woven double twisted
hexagonal shaped wire mesh, netting for arresting small boulders, mesh type 10x12mm wires Zn+PVC coated,
mesh wire dia 2.7/3.7 mm (ID/OD), with one side minimum 9 mm Edge Wire & supply of galvanized spiral locks
1 springs and / or any equivalent connecting accessories as per technical specifications prescribed in approved
drawings with all contractors materials, lead & lift, transportation to cutting site with all contractor's resources,
packing, handling etc. (C) Supply of washer plate of minimum size 200mm x 200mm x 10mm zinc coated with all
contractors material, men, tools & plants, transportation to work site with all lead/lift etc. And as per technical
specifications prescribed in approved drawings and as directed by engineer in charge. (D) Supply and installation
of biodegradable rolled erosion control mat on the slope surface and as per technical specifications prescribed in
approved drawings. (E) Supply of all intermediate/bottom Zinc/Epoxy coated self drilling anchors of minimum 32
millimetre diameter, designed length (4.0 m) with epoxy coated steel rods with threading at one end, including
PVC centralizers, hex nuts, beveled washer, bearing plate of anchors, spiral and all accessories as per drawing.
(F) Installation of all supplied material as per drawing, technical specifications and as directed by the engineer in
charge. Any similar and higher specification is acceptable. Note-Design and working drawings to be submitted by
the Contractor based on actual site condition, duly vetted by any IIT prior to final design approval from Railways.
3. ITEM BREAKUP
4. ELIGIBILITY CONDITIONS
(b) (3) To evaluate the technical eligibility of tenderer, only components of work as
stipulated in tender documents for evaluation of technical eligibility, shall be considered.
The scope of work covered in other remaining components shall be either executed by
tenderer himself if he has work experience as mentioned in clause 7 of the Standard
General Conditions of Contract or through subcontractor fulfilling the requirements as per
clause 7 of the Standard General Conditions of Contract or jointly i.e., partly himself and
remaining through subcontractor, with prior approval of Chief Engineer in writing.
However, if required in tender documents by way of Special Conditions, a formal
agreement duly notarised, legally enforceable in the court of law, shall be executed by
the main contractor with the subcontractor for the component(s) of work proposed to be
executed by the subcontractor(s), and shall be submitted along with the offer for
1.1.2 No No Not Allowed
considering subletting of that scope of work towards fulfilment of technical eligibility.
Such subcontractor must fulfill technical eligibility criteria as follows: The subcontractor
shall have successfully completed at least one work similar to work proposed for
subcontract, costing not less than 35% value of work to be subletted, in last 5 years,
ending last day of month previous to the one in which tender is invited through a works
contract. Note: for subletting of work costing up to Rs 50 lakh, no previous work
experience of subcontractor shall be asked for by the Railway. In case after award of
contract or during execution of work it becomes necessary for contractor to change
subcontractor, the same shall be done with subcontractor(s) fulfilling the requirements
as per clause 7 of the Standard General Conditions of Contract, with prior approval of
Chief Engineer in writing.
Note for technical eligibility criteria: Work experience certificate from private individual
shall not be considered. However, in addition to work experience certificates issued by
any Govt. Organisation, work experience certificate issued by Public listed company
having average annual turnover of Rs 500 crore and above in last 3 financial years
excluding the current financial year, listed on National Stock Exchange or Bombay
Stock Exchange, incorporated/registered at least 5 years prior to the date of closing of
1.2 tender, shall also be considered provided the work experience certificate has been No No Not Allowed
issued by a person authorized by the Public listed company to issue such certificates.
In case tenderer submits work experience certificate issued by public listed company,
the tenderer shall also submit along with work experience certificate, the relevant copy
of work order, bill of quantities, bill wise details of payment received duly certified by
Chartered Accountant, TDS certificates for all payments received and copy of final/last
bill paid by company in support of above work experience certificate.
Credentials if submitted in foreign currency shall be converted into Indian currency i.e.,
Indian Rupee as under: The conversion rate of US Dollars into Rupees shall be the daily
representative exchange rates published by the Reserve Bank of India or entity
authorized by RBI to do so for the relevant date or immediately previous date for which
rates have been published. Where, relevant date shall be as on the last day of month
1.3 previous to the one in which tender is invited. In case of any other currency, the same No No Not Allowed
shall first be converted to US Dollars as on the last day of month previous to the one in
which tender is invited, and the amount so derived in US Dollars shall be converted into
Rupees at the aforesaid rate. The conversion rate of such currencies shall be the daily
representative exchange rates published by the International Monetary Fund for the
relevant date or immediately previous date for which rates have been published.
1.4 Explanation for Eligibility Criteria: No No Not Allowed
Substantially Completed Work means an ongoing work in which payment equal to or
more than 90% of the present contract value (excluding the payment made for
adjustment of Price variation (PVC), if any) has been made to the contractor in that
1.4.1 No No Not Allowed
ongoing contract and no proceedings of termination of contract on Contractor's default
has been initiated. The credential certificate in this regard should have been issued not
prior to 60 days of date of invitation of present tender
In case a work is started prior to 07 (seven) years, ending last day of month previous to
the one in which tender is invited, but completed in last 07 (seven) years, ending last
1.4.2 No No Not Allowed
day of month previous to the one in which tender is invited, the completed work shall be
considered for fulfillment of credentials.
If a work is physically completed and completion certificate to this extent is issued by
1.4.3 the concerned organization but final bill is pending, such work shall be considered for No No Not Allowed
fulfillment of credentials
In case of completed work, the value of final bill (gross amount) including the PVC
amount (if paid) shall be considered as the completion cost of work. In case final bill is
pending, only the total gross amount already paid including the PVC amount (if paid)
1.4.4 shall be considered as the completion cost of work. In case of substantially completed No No Not Allowed
work, the total gross amount already paid including the PVC amount (if paid), as
mentioned in the certificate, shall be considered as the cost of substantially completed
work.
If a bidder has successfully completed a work as subcontractor and the work experience
certificate has been issued for such work to the subcontractor by a Govt. Organization
1.4.5 or public listed company as defined in Note for Item 10.1 Para 10 of the Tender Form No No Not Allowed
(Second Sheet), the same shall be considered for the purpose of fulfillment of
credentials.
In case a work is considered similar in nature for fulfillment of technical credentials, the
overall cost including the PVC amount (if paid) of that completed work or substantially
1.4.6 No No Not Allowed
completed work, shall be considered and no separate evaluation for each component of
that work shall be made to decide eligibility
In case of existing partnership firm, if any one or more partners quit the partnership firm,
the credentials of remaining partnership firm shall be re-worked out i.e., the quitting
partner(s) shall take away his credentials to the extent of his share on the date of
quitting the partnership firm (e.g. in a partnership firm of partners A, B & C having share
1.4.7 30%, 30% & 40% respectively and credentials of Rs 10 crore; in case partner C quits No No Not Allowed
the firm, the credentials of this partnership firm shall remain as Rs 6 crore). For this
purpose, the tenderer shall submit along with his bid all the relevant documents which
include copy of previous partnership deed(s), dissolution deed(s) and proof of surrender
of PAN No.(s) in case of dissolution of partnership firm(s) etc.
In case of existing partnership firm if any new partner(s) joins the firm without any
modification in the name and PAN/TAN no. of the firm, the credentials of partnership
firm shall get enhanced to the extent of credentials of newly added partner(s) on the
1.4.8 same principles as mentioned in item 6 above. For this purpose, the tenderer shall No No Not Allowed
submit along with his bid all the relevant documents which include copy of previous
partnership deeds, dissolution/splitting deeds and proof of surrender of PAN No.(s) in
case of dissolution of partnership firm etc
In case of existing partnership firm if any new partner(s) joins the firm without any
modification in the name and PAN/TAN no. of the firm, the credentials of partnership
firm shall get enhanced to the extent of credentials of newly added partner(s) on the
1.4.9 same principles as mentioned in item 6 above. For this purpose, the tenderer shall No No Not Allowed
submit along with his bid all the relevant documents which include copy of previous
partnership deeds, dissolution/splitting deeds and proof of surrender of PAN No.(s) in
case of dissolution of partnership firm etc.
Any partner in a partnership firm cannot use or claim his credentials in any other firm
without leaving the partnership firm i.e., In a partnership firm of A&B partners, A or B
1.4.10 No No Not Allowed
partner cannot use credentials of partnership firm of A&B partners in any other
partnership firm or propriety firm without leaving partnership firm of A&B partners.
In case a partner in a partnership firm is replaced due to succession as per succession
1.4.11 law, the proportion of credentials of the previous partner will be passed on to the No No Not Allowed
successor.
If the percentage share among partners of a partnership firm is changed, but the
partners remain the same, the credentials of the firm before such modification in the
share will continue to be considered for the firm as it is without any change in their
1.4.12 No No Not Allowed
value. Further, in case a partner of partnership firm retires without taking away any
credentials from the firm, the credentials of partnership firm shall remain the same as it
is without any change in their value.
In a partnership firm "AB" of A&B partners, in case A also works as propriety firm "P" or
partner in some other partnership firm "AX", credentials of A in propriety firm "P" or in
1.4.13 No No Not Allowed
other partnership firm "AX" earned after the date of becoming a partner of the firm AB
shall not be added in partnership firm AB.
In case a tenderer is LLP, the credentials of tenderer shall be worked out on above lines
1.4.14 No No Not Allowed
similar to a partnership firm.
In case company A is merged with company B, then company B would get the
1.4.15 No No Not Allowed
credentials of company A also.]
Defination of Similar Work :- Any civil engineering work involving rock fall protection
1.5 No No Not Allowed
work by wire rope net and wire mesh.
5. COMPLIANCE
Commercial-Compliance
Please submit your bank details i.e. Name of the Bank along with Bank Branch Allowed
2 No No
Code, Account Number, IFSC Code, and PAN Number. (Mandatory)
Certificates and testimonials regarding contracting experience for the type of Allowed
3 No No
job for which tender is invited with list of works carried out in the past. (Mandatory)
Audited Balance Sheet duly certified by the Chartered Accountant etc Allowed
3.1 No No
regarding contractual payments received in the past. (Mandatory)
The list of personnel / organization on hand and proposed to be engaged for
Allowed
3.2 the tendered work. Similarly list of Plant & Machinery available on hand and No No
(Optional)
proposed to be inducted and hired for the tendered work
A copy of certificate stating that they are not liable to be disqualified and all
their statements/documents submitted along with bid are true and factual.
Standard format of the certificate to be submitted by the bidder is enclosed as
Annexure-V. In addition to Annexure-V, in case of other than
Company/Proprietary Firm, Annexure-V (A) shall also be submitted by each
member of a Partnership Firm/Joint Venture (JV)/Hindu Undivided Family Allowed
3.3 No No
(HUF)/Limited Liability Partnership (LLP) etc as the case may be. Non (Mandatory)
submission of a copy of certificate by the bidder shall result in summarily
rejection of his/their bid. It shall be mandatorily incumbent upon the tenderer to
identify, state and submit the supporting documents duly self attested / digitally
signed by which they/he are/is qualifying the Qualifying Criteria mentioned in
the Tender Document.
The tenderers shall submit a copy of certificate stating that all their
statements/documents submitted along with bid are true and factual. Standard
format of certificate to be submitted by the bidder is enclosed as Annexure-V.
In addition to Annexure-V, in case of other than Company/Proprietary Firm,
Annexure-V (A) shall also be submitted by each member of a Partnership
Allowed
3.3.1 Firm/Joint Venture (JV)/Hindu Undivided Family (HUF)/Limited Liability No No
(Mandatory)
Partnership (LLP) etc as the case may be. Non submission of above certificate
(s) by the bidder shall result in summarily rejection of his/their bid. It shall be
mandatorily incumbent upon the tenderer to identify, state and submit the
supporting documents duly self attested/digitally signed by which they/he is
qualifying the Qualifying Criteria mentioned in the Tender Document.
The Railway reserves the right to verify all statements, information and
documents submitted by the bidder in his tender offer, and the bidder shall,
when so required by the Railway, make available all such information,
3.4 evidence and documents as may be necessary for such verification. Any such No No Not Allowed
verification or lack of such verification, by the Railway shall not relieve the
bidder of its obligations or liabilities hereunder nor will it affect any rights of the
Railway there under.
(a) In case of any information submitted by tenderer is found to be false forged
or incorrect at any time during process for evaluation of tenders, it shall lead to
3.5 No No Not Allowed
forfeiture of the tender Earnest Money Deposit besides banning of business
for a period of upto two years.
(b) In case of any information submitted by tenderer is found to be false forged
or incorrect after the award of contract, the contract shall be terminated.
Earnest Money Deposit (EMD), Performance Guarantee and Security Deposit
3.5.1 No No Not Allowed
available with the railway shall be forfeited. In addition, other dues of the
contractor, if any, under this contract shall be forfeited and agency shall be
banned for doing business for a period of upto two years.
Non-compliance with any of the conditions set forth therein above is liable to
3.6 No No Not Allowed
result in the tender being rejected.
The accepted rates shall be deemed to include and cover all fees, taxes,
4 No No Not Allowed
duties, royalties, rent etc.
Income Tax, Surcharge thereof, Goods & Service Tax (GST Act, 2017) and
5 any other applicable tax shall be recovered from contractor's bill as per rule in No No Not Allowed
force.
Implementation of GST Act, 2017 - Procedure for payment of Contractual bill is
6 given in General Instructions attached in document. Please go through the No No Not Allowed
procedure before submission of the offer.
The tenderer shall clearly specify whether the tender is submitted on his own
(Proprietary Firm) or on behalf of a Partnership Firm / Company / Joint
Venture (JV) / Registered Society / Registered Trust / HUF etc. The
tenderer(s) shall enclose the attested copies of the constitution of their Allowed
7 No No
concern, and copy of PAN Card along with their tender. Tender Documents in (Mandatory)
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.
The tenderer whether sole proprietor / a company or a partnership firm /
registered society / registered trust / HUF / LLP etc if they want to act through
agent or individual partner(s), should submit along with the tender, a copy of
power of attorney duly stamped and authenticated by a Notary Public or by
Magistrate in favour of the specific person whether he/they be partner(s) of the
firm or any other person, specifically authorizing him/them to sign the tender,
submit the tender and further to deal with the Tender/ Contract up to the stage
of signing the agreement except in case where such specific person is
authorized for above purposes through a provision made in the partnership
deed / Memorandum of Understanding / Article of Association /Board
resolution, failing which tender shall be summarily rejected. A separate power Allowed
7.1 No No
of attorney duly stamped and authenticated by a Notary Public or by (Mandatory)
Magistrate in favour of the specific person whether he/they be partner(s) of the
firm or any other person, shall be submitted after award of work, specifically
authorizing him/them to deal with all other contractual activities subsequent to
signing of agreement, if required. Note: A Power of Attorney executed and
issued overseas, the document will also have to be legalized by the Indian
Embassy and notarized in the jurisdiction where the Power of Attorney is being
issued. However, the Power of Attorney provided by Bidders from countries
that have signed the Hague Legislation Convention 1961 are not required to
be legalized by the Indian Embassy if it carries a conforming Apostille
certificate.
The tenderer will give full information ( in annexure-1) as to the date of
retirement of such Engineer or gazetted officer from the said service and as to
whether permission for taking such contract, or if the Contractor be a
partnership firm or an incorporated company, to become a partner or director
as the case may be, has been obtained by the tenderer or the Engineer or
officer, as the case may be from the President of India or any officer, duly
authorized by him in this behalf, shall be clearly stated in writing at the time of
submitting the tender,if a tenderer is - i) be a retired Engineer of the gazetted
rank or any other gazetted officer working before his retirement, whether in the
Allowed
8 executive or administrative capacity or whether holding a pensionable post or No No
(Mandatory)
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 ii) being
partnership firm / joint venture (JV) / registered society / registered trust etc
have as one of its partners a retired Engineer of the gazetted rank or any
other gazetted officer working before his retirement, OR iii) being an
incorporated company have any such retired Engineer of the gazetted rank or
any other gazetted officer working before his retirement as one of its directors
AND in case where such Engineer or officer had not retired from government
service at least 1 year prior to the date of submission of the tender
If a tenderer or Contractor being an individual, have member(s) of his family or
in the case of partnership firm/ company / joint venture (JV) / registered
society / registered trust etc. one or more of his partner(s)/shareholder(s) or
member(s) of the family of partner(s)/shareholder(s) having share of more Allowed
8.1 No No
than 1% in the tendering entity employed in gazetted capacity in the (Mandatory)
Engineering or any other department of the railway, then the tenderer at the
time of submission of tender, will inform the authority inviting tenders the
details of such persons. ( in annexure-1)
General Instructions
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
5.1.6 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
VARIATION IN EXTANT OF CONTRACT : 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 arrangement abandoning, modifying, extending,
reducing or supplementing 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
6 No No Not Allowed
such arrangements. 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 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.
Unless otherwise specified in the special conditions of the contract, the
accepted variation in quantity of each individual item of the contract would be
6.1 upto 25% of the quantity originally contracted, except in case of foundation No No Not Allowed
work (in which no variation limit shall apply). However, the rates for the
increased quantities shall be as per sub- para (iii) below.
(ii) The Contractor shall be bound to carry out the work at the agreed rates
6.2 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% of
6.3 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
6.3.1 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
6.3.2 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;
(c)Variation in quantities of individual items beyond 150% will be avoided and
6.3.3 would be permitted only in exceptional unavoidable circumstances and shall No No Not Allowed
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 rate awarded
6.3.4 for that item in that particular tender; d.(ii)Quantities operated in excess of No No Not Allowed
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 items, the variation limit of 25% shall apply to the
6.4 gross quantity of earthwork items and variation in the quantities of individual No No Not Allowed
classifications of soil shall not be subject to this limit.
(v) As far as Standard Schedule of Rates (SSOR) items are concerned, the
variation limit of 25% would apply to the value of SSOR schedule(s) as a
whole and not on individual SSOR items. However, in case of Non Standard
6.5 No No Not Allowed
Schedule of Rates (SSOR) items, the limit of 25% would apply on the
individual items irrespective of the manner of quoting the rate (single
percentage rate or individual item rate).
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 and expressively
6.6 No No Not Allowed
included and provided for in the Specifications and Drawings and the
amounts to be paid therefor shall be calculated in accordance with the
accepted Bill(s) of Quantities. Any extra item(s)/quantities of work falling
outside the purview of the provisions of Sub-Clause (2) above shall be paid
for at the rates determined under Clause-39 of these Conditions.
7 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
7.1 that they execute their work in sound & proper manner and shall employ only No No Not Allowed
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 by
7.1.1 the engineer and if and whenever required by the engineer, he shall submit No No Not Allowed
a correct return showing the names of all staff and workman 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 workman as is
necessary for proper completion of the works within the time prescribed, the
contractor shall forthwith on receiving intimation to this effect deploy the
7.1.2 No No Not Allowed
additional number of staff & labour as specified by the engineer within seven
days of being so required and failure on the part of contractor to comply with
such instructions will entitle the railway rescind the contract under clause 62
of the conditions.
Clause 26A to GCC - Deployment of qualified Engineers at work site by the
8 No No Not Allowed
contractor:
The Contractor shall also employ Qualified Graduate Engineer or Qualified
Diploma Holder Engineer, based on value of contract prescribed by the
ministry of railways as under: (a) One Qualified Graduate Engineer when
8.1 No No Not Allowed
cost of work to be executed is Rs.200 lakh & above and, (b) One Qualified
Diploma Holder Engineer when cost of work to be executed is more than Rs.
25Lakh, but less than Rs.200Lakh.
In case the contractor fails to employ the engineer, as aforesaid in Para
26A.1, he shall be liable to pay a penalty at the rate of Rs.40000/- and
8.2 No No Not Allowed
Rs.25000/- for each month or part thereof for the default period for the
provisions, as contained in Para 26.A.1 (a) & (b) above respectively.
No. of qualified engineers/Staff required to be deployed by the contractor for
various activities contained in the works contract shall be specified in the
8.3 No No Not Allowed
tender document as 'special condition of contract' by the tender inviting
authority.
Maintenance Of Works : The Contractor shall at all times during the progress
and continuance of the works and also for the period of maintenance
specified in the Tender Form after the date of passing of the certificate of
completion by the Engineer or any other earlier date subsequent to the
completion of the works that may be fixed by the Engineer be responsible for
and effectively maintain and uphold in good substantial, sound and perfect
condition all and every part of the works and shall make good from time to
time and at all times as often as the Engineer shall require, any damage or
9 defect that may during the above period arise in or be discovered or be in No No Not Allowed
any way connected with the works, provided that such damage or defect is
not directly caused by errors in the contract documents, act of providence or
insurrection or civil riot, and the Contractor shall be liable for and shall pay
and make good to the Railway or other persons legally entitled thereto
whenever required by the Engineer so to do, all losses, damages, costs and
expenses they or any of them may incur or be put or be liable to by reasons
or in consequence of the operations of the Contractor or of his failure in any
respect.
9.1 Maintenance period of this work is 12 months. No No Not Allowed
10 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 works are
10.1 taken into account and that the rates he enters in the tender forms are No No Not Allowed
adequate and all inclusive to accord with the provisions in Clause-37 of the
General Conditions of Contract for the completion of works to the entire
satisfaction of the Engineer.
(ii)Tenderers will examine the various provisions of The central Goods and
services Tax Act, 2017(CGST)/Integrated Goods and Srvices Tax
Act,2017(IGST)/Union Territory Goods and Services Tax Act,2017
(UTGST)/respective state's State Goods and Services Tax Act(SGST) also,
10.1.1 No No Not Allowed
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.
(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
10.1.2 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.
(iv) In case the successful tenderer is not liable to be registered under
CGST/IGST/UTGST/SGST Act, the railway shall deduct the applicable GST
10.1.3 No No Not Allowed
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 of contractors, the
10.2 tender shall be signed by the individual legally authorized to enter into No No Not Allowed
commitments on their behalf.
The Railway will not be bound by any change of power of attorney or in the
composition of the firm made subsequent to the submission of tender.
10.3 Railway may, however, recognize such power of attorney and changes after No No Not Allowed
obtaining proper legal advice, the cost of which will be chargeable to the
Contractor.
11 Letter of Credit' as Mode of payment in Works Tenders or Service Tenders No No Not Allowed
For all the tenders having advertised cost of Rs 10 lakh or above, the
contractor shall have the option to take payment from Railways through a
11.1 No No Not Allowed
letter of credit (LC) arrangement. The detail guidelines along with Annexure-
1 & Annexure-2 is attached with documents as 'Letter of Credit'.
clause 55 B to GCC: Provision 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
12 No No Not Allowed
Employees Deposit 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.
The tenderer shall clearly specify whether the tender is submitted on his own
(Proprietary Firm) or on behalf of a Partnership Firm / Company / Joint
Venture (JV) / Registered Society /Registered Trust / Hindu Undivided
Family (HUF) / Limited Liability Partnership (LLP) etc. The tenderer(s) shall
13 enclose the attested copies of the constitution of their concern, and copy of No No Not Allowed
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.
Following documents shall be submitted by the tenderer:(a) Sole
Proprietorship Firm: (i) An undertaking that he is not blacklisted or debarred
by Railways or any other Ministry / Department of Govt. of India from
participation in tender on the date of submission of bids, either in individual
13.1 capacity or as a member of the partnership firm or JV in which he was / is a No No Not Allowed
partner/member. Concealment / wrong information in regard to above shall
make the contract liable for determination under Clause 62 of the General
Conditions of Contract. (ii) All other documents in terms of explanatory notes
in clause 10 mentioned in eligibility criteria.
(b) HUF: (i) A copy of notarized affidavit on Stamp Paper declaring that he
who is submitting the tender on behalf of HUF is in the position of 'Karta' of
Hindu Undivided Family (HUF) and he has the authority, power and consent
given by other members to act on behalf of HUF. (ii) An undertaking that the
HUF is not blacklisted or debarred by Railways or any other Ministry /
Department of Govt. of India from participation in tender on the date of
13.2 No No Not Allowed
submission of bids, either in individual capacity or as a member of the
partnership firm or JV in which HUF was / is a partner/member.
Concealment / wrong information in regard to above shall make the contract
liable for determination under Clause 62 of the General Conditions of
Contract. (iii) All other documents in terms of explanatory notes in clause 10
mentioned in eligibility criteria.
Participation of Partnership Firms in works tenders: The Partnership Firms
13.3 participating in the tender should be legally valid under the provisions of the No No Not Allowed
Indian Partnership Act.
The partnership firm should have been in existence or should have been
formed prior to submission of tender. Partnership firm should have either
13.3.1 No No Not Allowed
been registered with the Registrar or the partnership deed should have been
notarized as per the Indian Partnership Act, prior to submission of tender.
Separate identity / name should be given to the partnership firm. The
partnership firm should have PAN / TAN number in its own name and PAN /
13.3.2 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
normally be allowed to be modified / altered / terminated during the validity
of the tender as well as the currency of the contract except when
modification becomes inevitable due to succession laws etc., in which case
prior permission should be taken from Railway and in any case the minimum
eligibility criteria should not get vitiated. The re-constitution of firm in such
cases should be followed by a notary certified Supplementary Deed. The
approval for change of constitution of the firm, in any case, shall be at the
sole discretion of the Railways and the tenderer shall have no claims what-
so-ever. Any change in the constitution of Partnership firm after submission
of tender shall be with the consent of all partners and with the signatures of
all partners as that in the Partnership Deed. Failure to observe this
13.3.3 No No Not Allowed
requirement shall render the offer invalid and full Bid Security shall be
forfeited. If any Partner/s withdraws from the firm after submission of the
tender and before the award of the contract, the offer shall be rejected and
Bid Security of the tenderer will be forfeited. If any new partner joins the firm
after submission of tender but prior to award of contract, his / her credentials
shall not qualify for consideration towards eligibility criteria either individually
or in proportion to his share in the previous firm. In case the tenderer fails to
inform Railway beforehand about any such changes / modification in the
constitution which is inevitable due to succession laws etc. and the contract
is awarded to such firm, then it will be considered a breach of the contract
conditions liable for determination of the contract under Clause 62 of the
Standard General Conditions of Contract
A partner of the firm shall not be permitted to participate either in his
13.3.4 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
Bid Security shall be submitted by partnership firm. The Bid Security
13.3.5 No No Not Allowed
submitted in the name of any individual partner or in the name of authorized
partner (s) shall not be considered
One or more of the partners of the firm or any other person (s) shall be
designated as the authorized person (s) on behalf of the firm, who will be
authorized by all the partners to act on behalf of the firm through a "Power of
Attorney", specially authorizing him / them to submit & sign the tender, sign
the agreement, receive payment, witness measurements, sign measurement
13.3.6 No No Not Allowed
books, make correspondences, compromise / settle / relinquish any claim (s)
preferred by the firm, sign "No Claim Certificate", refer all or any dispute to
arbitration and to take similar such action in respect of the said tender /
contract. Such "Power of Attorney" shall be notarized / registered and
submitted along with the tender.
On issue of Letter of Acceptance (LOA) to the partnership firm, all the
guarantees like Performance Guarantee, Guarantee for various Advances to
13.3.7 No No Not Allowed
the Contractor shall be submitted only in the name of the partnership firm
and no splitting of guarantees among the partners shall be acceptable.
On issue of Letter of Acceptance (LOA), contract agreement with partnership
13.3.8 firm shall be executed in the name of the firm only and not in the name of No No Not Allowed
any individual partner.
LLP (Limited Liability Partnership): (i) A copy of LLP Agreement (ii) A copy of
Certificate of Incorporation (iii) A copy of Power of Attorney/Authorization
issued by the LLP in favour of the individual to sign the tender on behalf of
the LLP and create liability against the LLP. (iv) An undertaking by all
partners of the LLP that they are not blacklisted or debarred by Railways or
any other Ministry / Department of the Govt. of India from participation in
13.6 No No Not Allowed
tenders / contracts as on the date of submission of bids, either in their
individual capacity or in any firm/LLP or JV in which they were / are
partners/members. Concealment / wrong information in regard to above
shall make the contract liable for determination under Clause 62 of the
Standard General Conditions of Contract. (v) All other documents in terms of
explanatory notes in clause 10 mentioned in eligibility criteria
Registered Society & Registered Trust: (i) A copy of Certificate of
Registration (ii) A copy of Memorandum of Association of Society/Trust Deed
(iii) A copy of Power of Attorney in favour of the individual to sign the tender
13.7 No No Not Allowed
documents and create liability against the Society/Trust. (iv) A copy of Rules
& Regulations of the Society (v) All other documents in terms of explanatory
notes in clause 10 mentioned in eligibility criteria
If it is NOT mentioned in the submitted tender that tender is being submitted
on behalf of a Sole Proprietorship firm / Partnership firm / Joint Venture /
13.8 No No Not Allowed
Registered Company etc., then the tender shall be treated as having been
submitted by the individual who has signed the tender.
After opening of the tender, any document pertaining to the constitution of
Sole Proprietorship Firm / Partnership Firm / Registered Company/
Registered Trust / Registered Society /HUF/LLP etc. shall be neither asked
13.9 nor considered, if submitted. Further, no suo moto cognizance of any No No Not Allowed
document available in public domain (i.e., on internet etc.) or in Railway's
record/office files etc. will be taken for consideration of the tender, if no such
mention is available in tender offer submitted.
A tender from JV / Partnership firm etc. shall be considered only where
13.10 No No Not Allowed
permissible as per the tender conditions.
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,
13.11 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 / HUF / LLP etc if they
want to act through agent or individual partner(s), should submit along with
the tender, a copy of power of attorney duly stamped and authenticated by a
Notary Public or by Magistrate in favour of the specific person whether
he/they be partner(s) of the firm or any other person, specifically authorizing
him/them to sign the tender, submit the tender and further to deal with the
Tender/ Contract up to the stage of signing the agreement except in case
where such specific person is authorized for above purposes through a
provision made in the partnership deed / Memorandum of Understanding /
Article of Association /Board resolution, failing which tender shall be
13.12 No No Not Allowed
summarily rejected. A separate power of attorney duly stamped and
authenticated by a Notary Public or by Magistrate in favour of the specific
person whether he/they be partner(s) of the firm or any other person, shall
be submitted after award of work, specifically authorizing him/them to deal
with all other contractual activities subsequent to signing of agreement, if
required. Note: A Power of Attorney executed and issued overseas, the
document will also have to be legalized by the Indian Embassy and notarized
in the jurisdiction where the Power of Attorney is being issued. However, the
Power of Attorney provided by Bidders from countries that have signed the
Hague Legislation Convention 1961 are not required to be legalized by the
Indian Embassy if it carries a conforming Apostille certificate.
14 Employment/Partnership etc. of Retired Railway Employees: No No Not Allowed
Special Conditions
Undertakings
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 and amendments/ revisions thereof.
As a Tender Inviting Authority, the undersigned has ensured that the issue of this tender does not violate provisions of
GFR regarding procurement through GeM.
Designation : Dy.CE/C-II/JHS