“Start of the Document”

EAST CENTRAL RAILWAY

DANAPUR Division
[BRIDGE ORGANISATION]

TENDER DOCUMENT
OF
Name of work:- Drone and terrestrial LiDAR based inspection of Br. No. 65 (1 x 45.70 m
OWG) in BEHS-DHWN section of Danapur Division in the section of SSE/BR/DNR of
Danapur Division.

Under the
Office of
Dy. CHIEF ENGINEER / Bridge / Line
EAST CENTRAL RAILWAY
HAJIPUR/BIHAR

Signature Not
Verified
Digitally signed by Page 1 of 103
Ranjeet Kumar Roy
Date: 2025.03.01
14:13:08 IST
Reason: IREPS-CRIS
Location: New Delhi
 EAST CENTRAL RAILWAY
PART I
Instructions to Tenderers (ITT)
1.0 Applicability: These instructions and conditions of contract shall be applicable for all the tenders
and contracts of railways for execution of ‘Works’ as defined in GFR 2017.

1.01 Order of Precedence of Documents: In a contract agreement, in case of any difference,

contradiction, discrepancy, with regard to conditions of tender/contract, specifications, drawings, Bill(s) of
Quantities etc., forming part of the tender/contract, the following shall be the order of precedence:
i. Letter of Award/Acceptance(LOA)

ii. Bill(s) of Quantities

iii. Special Conditions of Contract

iv. Technical Specifications as given in tender documents

v. Drawings

vi. Indian Railways Standard General Conditions of Contract updated with correction slips issued up to
date of inviting tender or as otherwise specified in the tender documents.

vii. Indian Railways Unified Standard Specification (IRUSS-2019) updated with correction slips issued
up to date of inviting tender or as otherwise specified in the tender documents, if applicable in the
contract.

viii. CPWD Specifications 2019 Vol I & II updated with correction slips issued up to date of inviting
tender or as otherwise specified in the tender documents, if applicable in the contract.

ix. Indian Railways Unified Standard Specifications (Works and Material) 2010 updated with
correction slips issued up to date of inviting tender or as otherwise specified in the tender
documents, if applicable in the contract.

x. IR Specifications/Guidelines updated with correction slips issued up to date of inviting tender or as

otherwise specified in the tender documents.

xi. Relevant B.I.S. Codes updated with correction slips issued up to date of inviting tender or as
otherwise specified in the tender documents.

1.1 Interpretation: These Instructions to Tenderers shall be read in conjunction with the Standard
General Conditions of Contract which are referred to herein and shall be subject to modifications additions
or suppression by Special Conditions of Contract and/or Special Specifications, if any, annexed to the
Tender Forms.

1.2 Definition: In these Instructions to Tenderers, the following terms shall have the meanings
assigned here under except where the context otherwise requires:

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(a) “Railway” shall mean the President of the Republic of India or the administrative officers of the
Railway or Successor Railway authorized to deal with any matter, which these presents are concerned on
his behalf.
(b) “General Manager” shall mean the Officer-in-Charge of the general superintendence and control of the
Zonal Railway/Production Unit and shall also include Addl. General Manager, General Manager
(Construction) and shall mean and include their successors of the Successor Railway.
(c) “Chief Engineer” shall mean the Officer-in-Charge of the Engineering Department of Railway and
shall also include Chief Engineer (Construction), Chief Electrical Engineer, Chief Electrical Engineer
(Construction), Chief Signal & Telecom Engineer, Chief Signal & Telecom Engineer (Construction),
Chief Mechanical Engineer and shall mean and include their successors of the Successor Railway.
(d) “Divisional Railway Manager” shall mean the Officer-in-Charge of a Division of Zonal Railway and
shall mean and include Divisional Railway Manager of the Successor Railway.
(e) “Engineer” shall mean the Divisional Engineer or Executive Engineer, Divisional Signal & Telecom
Engineer, Divisional Electrical Engineer, Divisional Mechanical Engineer in executive charge of the
works and shall include the superior officers, both Open Line and Construction Organisations, of
Engineering, Signal & Telecom, Mechanical and Electrical Departments, i.e. the Senior Divisional
Engineer/Deputy Chief Engineer, Senior Divisional Signal & Telecom Engineer / Dy. Chief Signal &
Telecom Engineer, Senior Divisional Electrical Engineer / Deputy Chief Electrical Engineer, Senior
Divisional Mechanical Engineer and shall mean & include the Engineers of the Successor Railway.
(f) “Tenderer” shall mean the person / firm / co-operative or company whether incorporated or not who
tenders for the works with a view to execute the works on contract with the Railway and shall include
their representatives, successors and permitted assigns.
(g) “Limited Tenders” shall mean tenders invited from all or some contractors on the approved or select
list of contractors with the Railway.
(h) “Open Tenders” shall mean the tenders invited in open and public manner and with adequate notice.
(i) “Works” shall mean the works contemplated in the drawings and Bill(s) of Quantities set forth in the
tender forms and required to be executed according to the specifications.
(j) “Specifications” shall mean the Specifications for Materials and Works of the Railway as specified
under the authority of the Ministry of Railways or Chief Engineer or as amplified, added to or superseded
by special specifications if any, appended to the Tender Forms.
(k) Standard Schedule of Rates (SSOR) shall mean the schedule of Rates adopted by the Railway, which
includes-

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

(l) “Drawings” shall mean the maps, drawings, plans and tracings, or prints thereof annexed to the Tender
Forms.
(m) “Contractor’s authorized Engineer” shall mean a graduate engineer or equivalent, having more than
3 years’ experience in the relevant field of construction work involved in the contract, duly approved by
the Engineer.
(n) Date of inviting tender shall be the date of publishing tender notice on IREPS website if tender is
published on website or the date of publication in newspaper in case tender is not published on website.

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(o)“Bill of Quantities” shall mean Schedule of Item(s) included in the tender document along with
respective quantities.
1.3 Words importing the singular number shall also include the plural and vice versa where the context
requires.
CREDENTIALS OF CONTRACTORS

2. Application for Registration and Approved list of contractors:

2.1 Works of construction and of supply of material shall be entrusted for execution to contractors
whose capabilities and financial status have been investigated and approved to the satisfaction of the
Railway. A list of approved contractors may also be maintained by the Railway. The said list be revised
periodically once in a year or so by giving wide publicity through advertisements etc. For registration, the
contractor including a contractor who is already on the approved list shall apply to the concerned General
Manager (Construction) / Chief Administrative Officer (Construction) / Principal Chief Engineer /
Principal Chief Signal & Telecommunication Engineer / Principal Chief Mechanical Engineer / Principal
Chief Electrical Engineer/ Divisional Railway Manager, furnishing particulars regarding:
(a) his position as an independent contractor specifying engineering organization available with details of
partners / staff / engineers employed with qualifications and experience;
(b) his capacity to undertake and carry out works satisfactorily as vouched for by a responsible official or
firm; details about the transport equipments, construction tools and plants etc. required for the work,
maintained by him;
(c) his previous experience of works similar to that to be contracted for, in proof of which original
certificates or testimonials may be called for and their genuineness verified, if needs be, by reference to
the signatories there of;
(d) his knowledge from actual personal investigation of the resources of the area/zone or zones in which
he offers to work;
(e) his ability to supervise the work personally or by competent and duly authorized agent;
(f) his financial position;
2.2 An applicant shall clearly state the categories of works and the area/zone/division(s)/district(s) in
which he desires registration in the list of approved contractors.
2.3 The selection of contractors for enlistment in the approved list would be done by a committee for
different value of slabs as notified by Railway.
2.4 An annual fee as prescribed by the Railway from time to time would be charged from such
approved contractors to cover the cost of sending notices to them and clerkage for tenders etc. Notices
shall be sent to them on registered e-mail address and registered postal address.
TENDERS FOR WORKS
3. Tender Form: Tender Forms shall embody the contents of the contract documents either directly
or by reference and shall be as per specimen form, Annexure-I. E-Tender Forms shall be issued free of
cost to all tenderers.

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4. Omissions & Discrepancies: Should a tenderer find discrepancies in or omissions from the
drawings or any of the Tender Forms or should he be in doubt as to their meaning, he should at once
notify the authority inviting tenders. The tender inviting authority may, if deemed necessary, clarify the
same to all tenderers. It shall be understood that every endeavour has been made to avoid any error which
can materially affect the basis of tender and successful tenderer shall take upon himself and provide for
the risk of any error which may subsequently be discovered and shall make no subsequent claim on
account thereof.
5. Bid Security:
(1) (a) The tenderer shall be required to submit the Bid Security with the tender for the due
performance with the stipulation to keep the offer open till such date as specified in the
tender, under the conditions of tender. The Bid Security shall be as under:

Value of the Work Bid Security

For works estimated to 2% of the estimated cost of the work
cost up to ₹ 1 crore
For works estimated to ₹ 2 lakh plus ½% (half percent) of the excess of the
cost more than ₹ 1 crore estimated cost of work beyond ₹ 1 crore subject to a
maximum of ₹ 1 crore

Note:
(i) The Bid Security shall be rounded off to the nearest ₹100. This Bid Security 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 Bid Security detailed above.
(iii) Labour Cooperative Societies shall submit only 50% of above Bid Security 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 his offer or modify the terms and conditions
thereof in a manner not acceptable to the Engineer. Should the tenderer fail to observe or
comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to the
Railway.
(c) If his tender is accepted, this Bid Security mentioned in sub para (a) above will be
retained as part security for the due and faithful fulfilment of the contract in terms of Clause
16 of the Standard General Conditions of Contract. The Bid Security of other Tenderers
shall, save as herein before provided, be returned to them, but the Railway shall not be
responsible for any loss or depreciation that may happen thereto while in their possession,
nor be liable to pay interest thereon.
(2) The Bid Security shall be deposited either in cash through e-payment gateway or submitted
as Bank Guarantee bond from a scheduled commercial bank of India or as mentioned in
tender documents. The Bank Guarantee bond shall be as per Annexure-VIA and shall be
valid for a period of 90days beyond the bid validity period.
(3) In case, submission of Bid Security in the form of Bank Guarantee, following shall be
ensured:

i. A scanned copy of the Bank Guarantee shall be uploaded on e-Procurement Portal (IREPS)
while applying to the tender.

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 ii. The original Bank Guarantee should be delivered in person to the official nominated
as indicated in the tender document before closing date for submission of bids (i.e.
excluding the last date of submission of bids).
 Bank Guarantee should be delivered to COS/Bridge/Engineering working under
Executive Engineer/Bridge Line/Danapur.
iii. Non submission of scanned copy of Bank Guarantee with the bid on e-tendering portal
(IREPS) and/or non submission of original Bank Guarantee within the specified period
shall lead to summary rejection of bid.
iv. The Tender Security shall remain valid for a period of 90 days beyond the validity period
for the Tender.
v. The details of the BG, physically submitted should match with the details available in the
scanned copy and the data entered during bid submission time, failing which the bid will be
rejected
vi. The Bank Guarantee shall be placed in an envelope, which shall be sealed. The envelope
shall clearly bear the identification “Bid for the ***** Project” and shall clearly indicate
the name and address of the Bidder. In addition, the Bid Due Date should be indicated on
the right hand top corner of the envelope.
vii. The envelope shall be addressed to the officer and address as mentioned in the tender
document.
viii. If the envelope is not sealed and marked as instructed above, the Authority
assumes no responsibility for the misplacement or premature opening of the
contents of the Bid submitted and consequent losses, if any, suffered by the
Bidder.
6. Care in Submission of Tenders:
(a) (i) Before submitting a tender, the tenderer will be deemed to have satisfied himself by
actual inspection of the site and locality of the works, that all conditions liable to be
encountered during the execution of the works are taken into account and that the rates he
enters in the tender forms are adequate and all-inclusive to accord with the provisions in
Clause-37 of the Standard General Conditions of Contract for the completion of works to
the entire satisfaction of the Engineer.
(a)(ii) Tenderers will examine the various provisions of The Central Goods and Services Tax
Act, 2017(CGST)/ Integrated Goods and Services Tax Act, 2017(IGST)/ Union Territory
Goods and Services Tax Act, 2017(UTGST)/ respective state’s State Goods and Services
Tax Act (SGST) also, as notified by Central/State Govt.& 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 the award of contract,
without which no payment shall be released to the Contractor. The Contractor shall be
responsible for deposition of applicable GST to the concerned authority.
(a)(iv) Incase the successful tenderer is not liable to be registered under CGST/IGST/UTGST/
SGST Act, the railway shall deduct the applicable GST from his/their bills under reverse
charge mechanism (RCM) and deposit the same to the concerned authority.
(a)(v) Contractor shall be liable to pay/refund the amount collected as GST to the Indian
Railways along with interest and penalties, if any imposed by the authorities, in case GST

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 input tax credit of Indian Railways is denied/rejected by the tax authorities due to reasons
mentioned below but not limited to:
Wrong/incorrect invoice s is sued by Contractor ;
No-filing of GST returns;
Non-payment of GST collected from Indian Railways to the authorities;
Any other non-compliance done by Contractor;

General Indemnity: Contractor hereby agrees to indemnify and hold harmless the Indian
Railways from and against any and all losses, including loss on account of Input Tax Credit
and all losses incurred by the Indian Railways relating to or arising out of or in connection
with any actual or threatened claim, legal action, proceedings, prosecution or inquiry by or
against the Indian Railways arising out, directly or indirectly, of failure by the contractor to
comply with the provisions of GST and related laws, or based upon or arising from any
failure by the Contractor.

Retention Money: Any payment liable to be paid by Indian Railways to contractor against
the goods or services or both supplied by such contractor to Indian Railways shall be kept
on hold in case supplier makes any non-compliance of any of the GST law provisions
including non-reporting of invoices in GST returns. Such payment shall be released after
proper verification of records and availability of ITC to Indian Railways as per provisions
of GST Law.

(b) When work is tendered for by a firm or company, the tender shall be signed by the
individual legally authorized to enter into commitments on their behalf.
(c) The Railway will not be bound by any power of attorney granted by the tenderer or by
changes in the composition of the firm made subsequent to the execution of the contract.
It may, however, recognize such power of attorney and changes after obtaining proper
legal advice, the cost of which will be chargeable to the Contractor.
6.1 The tenderers shall submit a copy of certificate stating that all their statements/documents
submitted 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 the each member of a Partnership Firm /Joint
Venture(JV)/Hindu Undivided Family (HUF)Limited Liability 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.

CONSIDERATION OF TENDERS
7. Right of Railway to Deal with Tenders: The Railway reserves the right of not to invite tenders
for any of Railway work or works or to invite open or limited tenders and when tenders are called to
accept a tender in whole or in part or reject any tender or all tenders without assigning reasons for any
such action. In case if tender is accepted in part by Railway administration, Letter of Acceptance shall be
issued as counter offer to the Tenderer, which shall be subject to acceptance by the Tenderer.
7A. Two Packets System of Tendering: With a view to assess the tenders technically without being
influenced by the financial bids, 'Two Packets System of tendering' shall be adopted wherein tender
documents provide for the same.
7B. Pre Bid Conference: Intenders having advertised value more than Rs 50 Crore or as mentioned in the
tender document, Railway shall conduct Pre Bid Conference(s) with the prospective bidders.

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7C. Make in India Policy: Provisions of Make in India Policy 2017 issued by Govt. of India, as amended
from time to time, shall be followed for consideration of tenders.
7D. Permission to Bid for a bidder from a country which shares Land boundary with India:
Any bidder from the countries sharing a land border with India will be eligible to bid in any procurement
of works (including turnkey projects) only if the bidder is registered with the Competent Authority. The
Competent Authority for registration will be the Registration Committee constituted by the Department
for Promotion of Industry and Internal Trade (DPIIT), Government of India. For interpretation of this
para, Department of Expenditure, Ministry of Finance, Government of India letter F.No.6/18/2019-PPD
dated 23/07/2020 shall be referred.
7E. Clarification of Bids: To assist in the examination, evaluation & comparison and pre-qualification of
the Tender, the Railway may, at its discretion, ask any Bidder for a clarification of its Bid. Any
clarification submitted by a Bidder that is not in response to a request by the Railway shall not be
entertained or considered. The Railway request for clarification and the response of the bidder in this
regard shall be in writing.
However, if a Bidder does not provide clarification of its bid by the date and time communicated in
the Railway request for clarification, the bid shall be evaluated as per the documents submitted along with
the bid.

8. Execution of Contract Document: The Tenderer whose tender is accepted shall be required to
appear in person at the office of General Manager/General Manager (Construction), Chief Administrative
Officer (Construction), Divisional Railway Manager or concerned Engineer, as the case may be, or if
tenderer is a firm or corporation, a duly authorized representative shall appear (there would be no need for
appear in person if agreement is signed digitally) and execute the contract agreement within seven days of
notice from Railways that the Contract Agreement is ready. Failure to do so shall constitute a breach of
the agreement affected by the acceptance of the tender. The Contract Agreement shall be entered into by
Railway only after submission of valid Performance Guarantee by the Contractor. In such cases the
Railway may determine that such tenderer has abandoned the contract and there upon his tender and
acceptance thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount
of the Bid Security and other dues payable to the Contractor under this contract. The failed Contractor
shall be debarred from participating in the re-tender for that work.
9. Form of Contract Document: Every contract shall be complete in respect of the document it
shall so constitute. Not less than 2 copies of the contract document shall be signed by the competent
authority and the Contractor and one copy given to the Contractor (there would be no need of signing two
copies if agreement is signed digitally).
(a) For Zone Contracts, awarded on the basis of the percentage above or below the applicable
chapter(s) of Standard Schedule of Rates (SSOR) for the whole or part of financial year, the contract
agreement required to be executed by the tenderer whose tender is accepted shall be as per specimen form,
Annexure-II. During the currency of the Zone Contract, work orders as per specimen form Annexures-III,
for works not exceeding ₹ 5,00,000 each, shall be issued by the Divisional Railway Manager / Executive
Engineer under the agreement for Zone Contract.
(b) For contracts for specific works, the contract document required to be executed by the tenderer
whose tender is accepted shall be an agreement as per specimen form Annexure- IV.

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 ANNEXURE - I
EAST CENTRAL RAILWAY
TENDER FORM (First Sheet)
Tender No. ____________________
Name of Work ___________________________________________________
To
The President of India
Acting through the Principal Chief Engineer/Dy. Chief Engineer/Hajipur
DRM/Sr.Divnl. Engineer, ( ) Divnl. Engineer, ( ) East Central Railway/Danapur.

I/We ____________________ have read the various conditions to tender attached hereto and agree to abide by the said
conditions. I/We also agree to keep this offer open for acceptance for a period of ________ days from the date fixed for closing
of the tender and in default thereof, I/We will be liable for forfeiture of my/our “Bid Security”. I/We offer to do the work for
East Central Railway, at the rates quoted in the attached bill(s) of quantities and hereby bind myself/ourselves to complete the
work in all respects within ____________ months from the date of issue of letter of acceptance of the tender.

2. I/We also hereby agree to abide by the Indian Railways Standard General Conditions of Contract, 2022, with all
correction slips up-to-date and to carry out the work according to the Special Conditions of Contract 2022 and Specifications of
materials and works as laid down by Railway in the annexed Special Conditions/Specifications, Standard Schedule of Rates
(SSOR) with all correction slips up-to- date for the present contract.

3. A Bid Security of ₹ ___________ has already been deposited online/ submitted as Bank Guarantee bond. Full value of
the Bid Security shall stand forfeited without prejudice to any other right or remedies in case my/our Tender is accepted and if:

(a) I/We do not submit the Performance Guarantee within the time specified in the Tender document;

(b) I/We do not execute the contract documents within seven days after receipt of notice issued by the Railway that such
documents are ready; and

(c) I/We do not commence the work within fifteen days after receipt of orders to that effect.

4. (a) I/We am/are a Startup firm registered by …………………… Department of Industrial Policy and Promotion
(DIPP) and my registration number is ……………. valid upto …………………. (Copy enclosed) and hence exempted from
submission of Bid Security.

5. We are a Labour Cooperative Society and our Registration No. is ……………….. with …………………..and hence
required to deposit only 50% of Bid Security.

6. Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a binding contract between us
subject to modifications, as may be mutually agreed to between us and indicated in the letter of acceptance of my/our offer for
this work.

------------------------------------
Signature of Tenderer(s)

Date :...................................................

Address of the Tenderer(s)

................................................................

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 ANNEXURE - I (Contd. …)

TENDER FORM (Second Sheet)

Tender Notice No. .............................................................

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

(a) Tender Forms – First Sheet and Second Sheet

(b) (
Special Conditions/Specifications (enclosed)
2
(c) Bill(s) of quantities) (enclosed)

(d) Standard General _Conditions of Contract 2022 and Standard Specifications 2010 (Works
_
and Materials) of East
_ Central Railways as amended/corrected upto latest correction slips,
copies of which_ can be seen in the office of Divisional Railway Manager
(Engineer)/Danapur_ or obtained from the office of the Principal Chief Engineer, East
_
Central Railway/Hajipur on payment of prescribed charges.
_
(e) Standard Schedule _ of Rates (SSOR) ‘ECR 2012’as amended / corrected upto latest
_
correction slips, copies of which can be seen in the office of DRM/Engineering or
_
obtained from the office
_ of the Principal Chief Engineer, East Central Railway/Hajipur
on payment of prescribed
_ charges.
_
(f) _
All general and detailed drawings pertaining to this work which will be issued by the
_
Engineer or his representatives (from time to time) with all changes and modifications.
_
_
2. Drawings for the Work: The Drawing for the work can be seen in the office of the
_
Dy.CE/BRL/HJP and / or Principal
_ Chief Engineer, East Central Railway/Hajipur at any time during
the office hours. The drawings are only for the guidance of Tenderer(s). Detailed working drawings (if
required) based generally on the drawing mentioned above, will be given by the Engineer or his
representative from time to time.

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

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

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5. The works are required to be completed within a period of ________ months from the date of issue of
acceptance letter.

6. Bid Security:

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

(b) The Tenderer(s) shall keep the offer open for a minimum period of 60 days (in case of two packet
system of tendering 90 days) from the date of closing of the Tender. It is understood that the tender
documents have been issued to the Tenderer(s) and the Tenderer(s), is / are permitted to tender in
consideration of the stipulation on his / their part that after submitting his / their tender subject to the
period being extended further, if required by mutual agreement from time to time, he will not resile from
his offer or modify the terms and conditions thereof in a manner not acceptable to Principal Chief
Engineer/Dy. Chief Engineer/BRL/HJP of East Central Railway. Should the tenderer fail to observe
or comply with the foregoing stipulation, the amount deposited or Bank guarantee bond submitted as Bid
Security for the due performance of the above stipulation, shall be forfeited to the Railway.

(c) If his tender is accepted,

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

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

7. Rights of the Railway to deal with Tender: The authority for the acceptance of the tender will
rest with the Railway. It shall not be obligatory on the said authority to accept the lowest tender or any
other tender, and tenderer(s) shall neither demand any explanation for the cause of rejection of his/ their
tender nor the Railway to assign reasons for declining to consider or reject any particular tender or
tenders.

8. If the tenderer(s) deliberately gives / give wrong information in his / their tender or creates / create
circumstances for the acceptance of his / their tender, the Railway reserves the right to reject such tender
at any stage.

9. If any partner(s) of a partnership firm expires after the submission of its tender or after the
acceptance of its tender, the Railway shall deem such tender as cancelled/contract as terminated under
clause 61 of the Standard General Conditions of Contract, unless the firm retains its character as per

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partnership agreement. If a sole proprietor expires after the submission of tender or after the acceptance of
tender, the Railway shall deem such tender as cancelled / contract as terminated under clause 61 of the
Standard General Conditions of Contract.

10. Eligibility Criteria:

10.1 Technical Eligibility Criteria: (Not applicable for this tender)
(a) The tenderer must have successfully completed or substantially completed any one of the
following categories of work(s) during last 07 (seven) years, ending last day of month previous to the one
in which tender is invited:
(i) Three similar works each costing not less than the amount equal to 30% of advertised value of
the tender, or
(ii) Two similar works each costing not less than the amount equal to 40% of advertised value of
the tender, or
(iii) One similar work costing not less than the amount equal to 60% of advertised value of the
tender.
(b) (1) In case of tenders for composite works (e.g. works involving more than one distinct component,
such as Civil Engineering works, S&T works, Electrical works, OHE works etc. and in the case of major
bridges – substructure, superstructure etc.), tenderer must have successfully completed or substantially
completed any one of the following categories of work(s) during last 07 (seven) years, ending last day of
month previous to the one in which tender is invited:
(i) Three similar works each costing not less than the amount equal to 30% of advertised value of
each component of tender, or
(ii) Two similar works each costing not less than the amount equal to 40% of advertised value of
each component of tender, or
(iii) One similar work each costing not less than the amount equal to 60% of advertised value of
each component of tender.
Note for b(1): Separate completed works of minimum required values shall also be considered for
fulfilment of technical eligibility criteria for different components.
(b)(2)In such cases, what constitutes a component in a composite work shall be clearly pre-defined with
estimated tender cost of it, as part of the tender documents without any ambiguity.
(b) (3) To evaluate the technical eligibility of tenderer, only components of work as stipulated in tender
documents for evaluation of technical eligibility, shall be considered. The scope of work covered in other
remaining components shall be either executed by tenderer himself if he has work experience as
mentioned in clause 7 of the Standard General Conditions of Contractor through subcontractor fulfilling
the requirements as per clause 7 of the Standard General Conditions of Contract or jointly i.e., partly
himself and remaining through subcontractor, with prior approval of Chief Engineer in writing.
However, if required in tender documents by way of Special Conditions, a formal agreement duly
notarised, legally enforceable in the court of law, shall be executed by the main contractor with the
subcontractor for the component(s) of work proposed to be executed by the subcontractor(s), and shall be
submitted along with the offer for considering subletting of that scope of work towards fulfilment of
technical eligibility. Such subcontractor must fulfill technical eligibility criteria as follows:

Page 12 of 103
 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 Item 10.1:

Work experience certificate from private individual shall not be considered. However, in addition
to work experience certificates issued by any Govt. Organisation, work experience certificate
issued by Public listed company having average annual turnover of Rs 500 crore and above in last
3 financial years excluding the current financial year, listed on National Stock Exchange or
Bombay Stock Exchange, incorporated/registered at least 5 years prior to the date of closing of
tender, shall also be considered provided the work experience certificate has been issued by a
person authorized by the Public listed company to issue such certificates.
In case tenderer submits work experience certificate issued by public listed company, the tenderer
shall also submit along with work experience certificate, the relevant copy of work order, bill of
quantities, bill wise details of payment received duly certified by Chartered Accountant, TDS
certificates for all payments received and copy of final/last bill paid by company in support of
above work experience certificate.

10.2. Financial Eligibility Criteria: (Not applicable for this tender)

The tenderer must have minimum average annual contractual turnover of V/N or ‘V’ whichever is less;
where

V= Advertised value of the tender in crores of Rupees

N= Number of years prescribed for completion of work for which bids have been invited.

The average annual contractual turnover shall be calculated as an average of “total contractual payments” in
the previous three financial years, as per the audited balance sheet. However, in case balance sheet of the
previous year is yet to be prepared/ audited, the audited balance sheet of the fourth previous year shall be
considered for calculating average annual contractual turnover.

The tenderers shall submit requisite information as per Annexure-VIB, along with copies of Audited
Balance Sheets duly certified by the Chartered Accountant/ Certificate from Chartered Accountant duly
supported by Audited Balance Sheet.

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

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10.4 Special Technical Eligibility Criteria :

In the instant case the credentials should be submitted by the intending bidders to support the
provenness of the technology and the adherence to the guidelines/ specifications etc. If no credentials
are submitted offer shall not be considered. Past credentials submitted, by the intending bidder will
be examined by the committee to match the desired guidelines / specifications etc. in the tender
document. The credential should also show the date of successful completion of the proposed trial/
completion. (Railway Board Letter No. 2016 / 39 / CE-III/BR/Improvement Measures dtd. 24.07.19).

10.5 Credentials if submitted in foreign currency shall be converted into Indian currency i.e., Indian
Rupee as under:

The conversion rate of US Dollars into Rupees shall be the daily representative exchange rates published by
the Reserve Bank of India or entity authorized by RBI to do so for the relevant date or immediately previous
date for which rates have been published. Where, relevant date shall be as on the last day of month previous
to the one in which tender is invited. In case of any other currency, the same shall first be converted to US
Dollars as on the last day of month previous to the one in which tender is invited, and the amount so derived
in US Dollars shall be converted into Rupees at the aforesaid rate. The conversion rate of such currencies
shall be the daily representative exchange rates published by the International Monetary Fund for the
relevant date or immediately previous date for which rates have been published.

[Explanation for Para 10 of the Tender Form (Second Sheet) including Para 10.1 to 10.5 - Eligibility
Criteria:

1. Substantially Completed Work means an ongoing work in which payment equal to or more than 90% of
the present contract value (excluding the payment made for adjustment of Price variation (PVC), if
any) has been made to the contractor in that ongoing contract and no proceedings of termination of
contract on Contractor’s default has been initiated. The credential certificate in this regard should
have been issued not prior to 60 days of date of invitation of present tender.

2. In case a work is started prior to 07 (seven) years, ending last day of month previous to the one in
which tender is invited, but completed in last 07 (seven) years, ending last day of month previous to
the one in which tender is invited, the completed work shall be considered for fulfillment of
credentials.

3. If a work is physically completed and completion certificate to this extent is issued by the concerned
organization but final bill is pending, such work shall be considered for fulfillment of credentials

4. In case of completed work, the value of final bill (gross amount) including the PVC amount (if paid)
shall be considered as the completion cost of work. In case final bill is pending, only the total gross
amount already paid including the PVC amount (if paid) shall be considered as the completion cost of
work. In case of substantially completed work, the total gross amount already paid including the PVC
amount (if paid), as mentioned in the certificate, shall be considered as the cost of substantially
completed work.

5. If a bidder has successfully completed a work as subcontractor and the work experience certificate has
been issued for such work to the subcontractor by a Govt. Organization or public listed company as
defined in Note for Item 10.1 Para 10 of the Tender Form (Second Sheet), the same shall be
considered for the purpose of fulfilment of credentials.

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6. In case a work is considered similar in nature for fulfilment of technical credentials, the overall cost
including the PVC amount (if paid) of that completed work or substantially completed work, shall be
considered and no separate evaluation for each component of that work shall be made to decide
eligibility.

7. In case of newly formed partnership firm, the credentials of individual partners from previous propriety
firm(s) or dissolved previous partnership firm(s) or split previous partnership firm(s), shall be
considered only to the extent of their share in previous entity on the date of dissolution / split and their
share in newly formed partnership firm. For example, a partner A had 30% share in previous entity
and his share in present partnership firm is 20%. In the present tender under consideration, the
credentials of partner A will be considered to the extent of 0.3*0.2*value of the work done in the
previous entity. For this purpose, the tenderer shall submit along with his bid all the relevant
documents which include copy of previous partnership deed(s), dissolution deed(s) and proof of
surrender of PAN No.(s) in case of dissolution of partnership firm(s) etc.

8. In case of existing partnership firm, if any one or more partners quit the partnership firm, the
credentials of remaining partnership firm shall be re-worked out i.e., the quitting partner(s) shall
take away his credentials to the extent of his share on the date of quitting the partnership firm(e.g. in a
partnership firm of partners A, B & C having share 30%, 30% & 40% respectively and credentials of
Rs 10 crore; in case partner C quits the firm, the credentials of this partnership firm shall remain as
Rs 6 crore). For this purpose, the tenderer shall submit along with his bid all the relevant documents
which include copy of previous partnership deed(s), dissolution deed(s) and proof of surrender of PAN
No.(s) in case of dissolution of partnership firm (s) etc.

9. In case of existing partnership firm if any new partner(s) joins the firm without any modification in the
name and PAN/TAN no. of the firm, the credentials of partnership firm shall get enhanced to the extent
of credentials of newly added partner(s) on the same principles as mentioned in item 6 above. For this
purpose, the tenderer shall submit along with his bid all the relevant documents which include copy of
previous partnership deeds, dissolution/splitting deeds and proof of surrender of PAN No.(s) in case of
dissolution of partnership firm etc.

10. Any partner in a partnership firm cannot use or claim his credentials in any other firm without leaving
the partnership firm i.e., In a partnership firm of A&B partners, A or B partner cannot use credentials
of partnership firm of A&B partners in any other partnership firm or propriety firm without leaving
partnership firm of A&B partners.

11. In case a partner in a partnership firm is replaced due to succession as per succession law, the
proportion of credentials of the previous partner will be passed on to the successor.

12. If the percentage share among partners of a partnership firm is changed, but the partners remain the
same, the credentials of the firm before such modification in the share will continue to be considered
for the firm as it is without any change in their value. Further, in case a partner of partnership firm
retires without taking away any credentials from the firm, the credentials of partnership firm shall
remain the same as it is without any change in their value.

13. In a partnership firm “AB” of A&B partners, in case A also works as propriety firm “P” or partner in
some other partnership firm “AX”, credentials of A in propriety firm “P” or in other partnership firm

Page 15 of 103
 “AX” earned after the date of becoming a partner of the firm AB shall not be added in partnership
firm AB.

14. In case a tenderer is LLP, the credentials of tenderer shall be worked out on above lines similar to a
partnership firm.

15. In case company A is merged with company B, then company B would get the credentials of company A
also.]

11. Tenderer Credentials:

Documents testifying tenderer previous experience and financial status should be produced along with the
tender.

Tenderer(s) who is / are not borne on the approved list of the Contractors of ________ Railway shall
submit along with his / their tender:

(i) Certificates and testimonials regarding contracting experience for the type of job for which tender is
invited with list of works carried out in the past.

(ii) Audited Balance Sheet duly certified by the Chartered Accountant regarding contractual payments
received in the past.
(iii) The list of personnel / organization on hand and proposed to be engaged for the tendered work.
Similarly list of Plant & Machinery available on hand and proposed to be inducted and hired for the
tendered work.
(iv) 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 the each
member of a Partnership Firm /Joint Venture(JV)/Hindu Undivided Family (HUF)Limited Liability
Partnership (LLP) etc. as the case may be. Non submission of a copy of certificate by the bidder
shall result in summarily rejection of his/their bid. It shall be mandatorily incumbent upon the
tenderer to identify, state and submit the supporting documents duly self-attested / digitally signed
by which they/he are/is qualifying the Qualifying Criteria mentioned in the Tender Document.
(v) The Railway reserves the right to verify all statements, information and documents submitted by the
bidder in his tender offer, and the bidder shall, when so required by the Railway, make available all
such information, evidence and documents as may be necessary for such verification. Any
such verification or lack of such verification, by the Railway shall not relieve the bidder of its
obligations or liabilities hereunder nor will it affect any rights of the Railway there under.

(vi) (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 forfeiture of the tender Bid Security
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. Bid Security, Performance Guarantee and
Security Deposit available with the railway shall be forfeited. In addition, other dues of the
contractor, if any, under this contract shall be forfeited and agency shall be banned for doing
business for a period of upto two years.

Page 16 of 103
12. Non-compliance with any of the conditions set forth therein above is liable to result in the tender being
rejected.

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

14. Documents to be Submitted Along with Tender

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

(a) Sole Proprietorship Firm:

(i) All documents in terms of Para 10 of the Tender Form (Second Sheet) above.

(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) All other documents in terms of Para 10 of the Tender Form (Second Sheet) above.

(c) Partnership Firm:

(i) All documents as mentioned in para18 of the Tender Form (Second Sheet).

(d) Joint Venture (JV): All documents as mentioned in para 17 of the Tender Form (Second Sheet).

(e) Company registered under Companies Act2013:

(i) The copies of MOA (Memorandum of Association) / AOA (Articles of Association) of the
company
(ii) A copy of Certificate of Incorporation.
(iii) A copy of Authorization/Power of Attorney issued by the Company (backed by the resolution
of Board of Directors) in favour of the individual to sign the tender on behalf of the company
and create liability against the company.
(iv) All other documents in terms Para 10 of the Tender Form (Second Sheet) above.

(f) LLP (Limited Liability Partnership):

(i) A copy of LLP Agreement

(ii) A copy of Certificate of Incorporation

Page 17 of 103
 (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 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 Para 10 of the Tender Form (Second Sheet).

(g) 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 documents and create
liability against the Society/Trust.
(iv) A copy of Rules & Regulations of the Society
(v) All other documents in terms of Para 10 of the Tender Form (Second Sheet) above.

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

(iv) After opening of the tender, any document pertaining to the constitution of Sole Proprietorship
Firm / Partnership Firm / Registered Company/ Registered Trust / Registered Society / HUF/LLP etc. shall
be neither asked nor considered, if submitted. Further, no suo moto cognizance of any document available
in public domain (i.e., on internet etc.) or in Railway’s record/office files etc. will be taken for consideration
of the tender, if no such mention is available in tender offer submitted.
(v) A tender from JV shall be considered only where permissible as per the tender conditions.
(vi) The Railway will not be bound by any change of power of attorney or in the composition of the
firm made subsequent to the submission of tender. Railway may, however, recognize such power of attorney
and changes after obtaining proper legal advice, the cost of which will be chargeable to the Contractor.
15. 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 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
poer of attorney provided by bidders from countries that have signed the hague legislation convention 1961
are not required to be legalised by the Indian Embassy if it carries a confirming Appostille certificate.

Page 18 of 103
16. Employment/Partnership etc. of Retired Railway Employees:

(a) Should a tenderer

i) 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

ii) Being partnership firm / joint venture (JV) / registered society / registered trust etc have as one
of its partners/members a retired Engineer of the gazetted rank or any other gazetted officer
working before his retirement, OR
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
THEN
the tenderer will give full information as to the date of retirement of such Engineer or gazetted officer
from the said service and as to whether permission for taking such contract, or if the Contractor be a
partnership firm or an incorporated company, to become a partner or director as the case may be, has been
obtained by the tenderer or the Engineer or officer, as the case may be from the President of India or any
officer, duly authorized by him in this behalf, shall be clearly stated in writing at the time of submitting
the tender.

b) In case, upon successful award of contract, should a tenderer depute for execution of the works under or
to deal matters related with this contract, any retired Engineer of gazette rank or retired gazetted
officer working before his retirement in the Engineering or any other department of any of the
railways owned and administered by the President of India for the time being, and now in his
employment, then the tenderer will ensure that retired Engineer or retired gazetted officer had retired
from government service at least 1 year prior to the date of his employment with tenderer and in case he
had retired from service within a year then he possesses the requisite permission from the President of
India or any officer, duly authorized by him in this behalf, to get associated with the tenderer.

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

Note: - If information as required as per 16.a), b), c) above has not been furnished, contract is liable to be
dealt in accordance with provision of clause 62 of the Standard General Condition of contract.

17. JOINT VENTURE (JV) IN WORKS TENDERS: (Not applicable for this tender)

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18. Participation of Partnership Firms in works tenders:-
18.1 The Partnership Firms participating in the tender should be legally valid under the provisions of the Indian
Partnership Act.
18.2 The partnership firm should have been in existence or should have been formed prior to submission of tender.
Partnership firm should have either been registered with the Registrar or the partnership deed should have
been notarized as per the Indian Partnership Act, prior to submission of tender.
18.3 Separate identity / name should be given to the partnership firm. The partnership firm should have PAN / TAN
number in its own name and PAN / TAN number in the name of any of the constituent partners shall not be
considered. The valid constituents of the firm shall be called partners.
18.4 Once the tender has been submitted, the constitution of the firm shall not normally be allowed to be modified /
altered / terminated during the validity of the tender as well as the currency of the contract except when
modification becomes inevitable due to succession laws etc., in which case prior permission should be taken
from Railway and in any case the minimum eligibility criteria should not get vitiated. The re-constitution of
firm in such cases should be followed by a notary certified Supplementary Deed. The approval for change of
constitution of the firm, in any case, shall be at the sole discretion of the Railways and the tenderer shall have
no claims what-so-ever. Any change in the constitution of Partnership firm after submission of tender shall
be with the consent of all partners and with the signatures of all partners as that in the Partnership Deed.
Failure to observe this requirement shall render the offer invalid and full Bid Security shall be forfeited.
If any Partner/s withdraws from the firm after submission of the tender and before the award of the
contract, the offer shall be rejected and Bid Security of the tenderer will be forfeited. If any new partner joins
the firm after submission of tender but prior to award of contract, his / her credentials shall not qualify for
consideration towards eligibility criteria either individually or in proportion to his share in the previous firm.
In case the tenderer fails to inform Railway beforehand about any such changes / modification in the
constitution which is inevitable due to succession laws etc. and the contract is awarded to such firm, then it
will be considered a breach of the contract conditions liable for determination of the contract under Clause
62 of the Standard General Conditions of Contract.
18.5 A partner of the firm shall not be permitted to participate either in his individual capacity or as a partner of
any other firm in the same tender.
18.6 The tender form shall be submitted only in the name of partnership firm. The Bid Security shall be submitted
by partnership firm. The Bid Security submitted in the name of any individual partner or in the name of
authorized partner (s) shall not be considered.
18.7 On issue of Letter of Acceptance (LOA) to the partnership firm, all the guarantees like Performance Guarantee,
Guarantee for various Advances to the Contractor shall be submitted only in the name of the partnership firm
and no splitting of guarantees among the partners shall be acceptable.
18.8 On issue of Letter of Acceptance (LOA), contract agreement with partnership firm shall be executed in the
name of the firm only and not in the name of any individual partner. 18.9 In case the Letter of Acceptance
(LOA) is issued to a partnership firm, the following undertakings shall be furnished by all the partners
through a notarized affidavit, before signing of contract agreement.
(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 Special Conditions of the
Contract. The partners shall also be liable jointly and severally for the loss, damages caused to the Railway
during the course of execution of the contract or due to nonexecution 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
conditions of the contract. Any change carried out by partners in the constitution of the firm without

Page 20 of 103
 permission of Railway, shall constitute a breach of the contract, liable for determination of the contract under
Clause 62 of the Standard General Conditions of Contract.
(c) Governing laws: The partnership firm agreement shall in all respect be 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 interest right or liability in the contract
without the written consent of the other partner/s and that of the Railway.
18.10 The tenderer shall clearly specify that the tender is submitted on behalf of a partnership firm. The following
documents shall be submitted by the partnership firm, with the tender:
(i) A notarized copy of the Partnership Deed or a copy of the Partnership deed registered with the Registrar.
(ii) A notarized or registered copy of Power of Attorney in favour of the individual to tender for the work, sign
the agreement etc. and create liability against the firm.
(iii) An undertaking by all partners of the partnership firm that they are not blacklisted or debarred by Railways
or any other Ministry / Department of the Govt. of India from participation in tenders / contracts as on the
date of submission of bids, either in their individual capacity or in any firm/LLP in which they were / are
partners/members. Any Concealment / wrong information in regard to above shall make the bid ineligible or
the contract shall be determined under Clause 62 of the Standard General Conditions of Contract.
(iv) All other documents in terms of Para 10 of the Tender Form (Second Sheet) above.
18.11 Evaluation of eligibility of a partnership firm:
Technical and financial eligibility of the firm shall be adjudged based on satisfactory fulfillment of the
eligibility criteria laid down in Para 10 of the Tender Form (Second Sheet) above.
19.0 Advances to Contractor –
If specifically provided in Tender Documents of tender having advertised value more than Rs 50 Crores,
Railway shall make payment, as an Interest bearing advances, as per Contractor’s request. These advances shall
carry a simple interest ________ as indicated in the Tender documents. The payment and recovery of such
advances shall be made as per manners prescribed in Clause 46.4 of the Standard General Conditions of Contract.

Signature of Tenderer(s) (Signature)

Date: ………………… (Designation)
E.C.Railway.
Date..................

Page 21 of 103
 ANNEXURE - I (Contd. …)
TENDER FORM (Third Sheet)
Name of Work: ________________________________________________
BILL OF QUANTITIES
1. Standard Schedule of Rates (SSOR) Items:

SL Item Description Approximate Unit Rates in Figures Amount

No. of of Item of Quantity and Words to be (₹)
SSOR Work filled by tenderer
(₹)
1 2 3 4 5 6 7

2. Non Standard Schedule of Rates Items:

SL Item Description Approximate Unit Rates in Figures Amount

No. of Item of Quantity and Words to be (₹)
Work filled by tenderer
(₹)
1 2 3 4 5 6 7

The quantities shown in above Bill of Quantities are approximate and are as a guide to give the
tenderer(s) an idea of quantum of work involved. The Railway reserves the right to increase/ decrease
and/or delete or include any of the quantities given above and no extra rate will be allowed on this
account.
I/We undertake to do the work at __________ % above/below the Standard Schedule of Rates
(SSOR) of the _______ Railway as applicable to ________ Division or at the rates quoted above for each
item.

Dated ______________

Signature of the Tenderer(s)

Note: Columns 1 to 5 shall be filled by the office of the Authority inviting tender. Columns 6 & 7 shall
be filled by the Tenderer(s) only when percentage tenders are not invited.

Page 22 of 103
 ANNEXURE - IV
EAST CRNTRAL RAILWAY
CONTRACT AGREEMENT OF WORKS
CONTRACT AGREEMENT NO. _________________________ DATED ___________

ARTICLES OF AGREEMENT made this _________ day of _________ 20______ between President of
India acting through the Railway Administration hereafter called the "Railway" of the one part and
___________________________herein after called the "Contractor" of other part.
WHEREAS the Contractor has agreed with the Railway for performance of the works
_____________________ set forth in the Bill(s) of Quantities hereto annexed upon the Standard General
Conditions of Contract, updated with correction slips issued up to date of inviting tender or as otherwise specified in
the tender documents and the Specifications of _____________ updated with correction slips issued up to date of
inviting tender or as otherwise specified in the tender documents and the applicable Standard Schedule of Rates
(SSOR) of ___________ updated with correction slips issued up to date of inviting tender or as otherwise specified
in the tender documents and the Special Conditions and Special Specifications, if any and in conformity with the
drawings here-into annexed AND WHEREAS the performance of the said works is an act in which the public are
interested.
NOW THIS INDENTURE WITNESSETH that in consideration to the payments to be made by the
Railways, the Contractors will duly perform the said works in the said Bill(s) of Quantities set forth and shall
execute the same with great promptness, care and accuracy in a workman like manner to the satisfaction of the
Railway and will complete the same in accordance with the said specifications and said drawings and said
conditions of contract on or before the ______ day of ___________ 20___ and will maintain the said works for a
period of ________Calendar months from the certified date of their completion and will observe, fulfill and keep all
the conditions therein mentioned (which shall be deemed and taken to be part of this contract, as if the same have
been fully set forth herein), AND the Railway, both hereby agree that if the Contractor shall duly perform the said
works in the manner aforesaid and observe and keep the said terms and conditions, the Railway will pay or cause to
be paid to the Contractor for the said works on the final completion thereof the amount due in respect thereof at the
rates specified in the Bill(s) of Quantities hereto annexed.
Contractor _______________ (Signature) Railway: Designation ___________
Address _________________________ (For President of India)
Date _____________ Date _____________

Signature of Witnesses (to Signature of Contractor) with address:

Witnesses:
_____________________________ _____________________________
_____________________________ _____________________________

Page 23 of 103
 ANNEXURE-V
Reference -Para 6.1 of ITT

FORMAT FOR CERTIFICATE TO BE SUBMITTED / UPLOADED BY TENDERER ALONGWITH THE TENDER

DOCUMENTS
I……………………………… (Name and designation)**appointed as the attorney/authorized signatory of the
tenderer. M/s (hereinafter called the tenderer) for the purpose of the Tender documents for the work of as per the tender No.
of EAST CENTRAL RAILWAY, do hereby solemnly affirm and state on the behalf of the tenderer including its constituents
as under:
1. I/we the tenderer (s) am/are signing this document after carefully reading the contents.
2. I/We the tenderer(s) also accept all the conditions of the tender and have signed all the pages in confirmation
thereof.
3. I/we hereby declare that I/we have downloaded the tender documents from Indian Railway website
www.ireps.gov.in. I/we have verified the content of the document from the website and there is no addition, no deletion or no
alteration to the content of the tender document. In case of any discrepancy noticed at any stage i.e. evaluation of tenders,
execution of work or final payment of the contract, the master copy available with the railway Administration shall be final
and binding upon me/us.
4. I/we declare and certify that I/we have not made any misleading or false representation in the forms, statements and
attachments in proof of the qualification requirements.
5. I/We also understand that my/our offer will be evaluated based on the documents/credentials submitted along with
the offer and same shall be binding upon me/us.
6. I/We declare that the information and documents submitted along with the tender by me/us are correct and I/we are
fully responsible for the correctness of the information and documents, submitted by us.
7. I/we certify that I/we the tenderer(s) is/are 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 capacity or as
a HUF/ member of the partnership firm/LLP/JV/Society/Trust.
8. I/we understand that if the contents of the certificate submitted by us are found to be forged/false or incorrect at any
time during process for evaluation of tenders, it shall lead to forfeiture of the Bid Security and may also lead to any other
action provided in the contract including banning of business for a period of upto two year. Further, I/we (insert name of the
tenderer) ** and all my/our constituents understand that my/our offer shall be summarily rejected.
9. I/we also understand that if the contents of the certificate submitted by us are found to be false/forged or incorrect
at any time after the award of the contract, it will lead to termination of the contract, along with forfeiture of Bid
Security/Security Deposit and Performance guarantee and may also lead to any other action provided in the contract including
banning of business for a period of upto two year.
10. I/We have read the clause regarding restriction on procurement from a bidder of a country which shares a land
border with India and certify that I am/We are not from such a country or, if from such a country, have been registered with
the competent Authority. I/We hereby certify that I/we fulfil all the requirements in this regard and am/are eligible to be
considered (evidence of valid registration by the competent authority is enclosed)
Place:
Dated:

SEAL AND SIGNATURE OF

THE TENDERER
**The contents in Italics are only for guidance purpose. Details as appropriate are to be filled in suitably by tenderer.

Page 24 of 103
 ANNEXURE-V(A)
Reference -Para 6.1 of ITT
(This certificate is to be given by attorney/authorized signatory/each member of
Partnership.firm/Joint Venture (JV)/ Hindu Undivided Family (HUF)/Limited Liability Partnership
(LLP) etc.)
I/We ………………………………………….(Name), attorney/authorized signatory of the
………………………………………….. (constituent firm/ constituent partner) and member/partner of the
……………………………………. (tendering firm) hereby solemnly affirm and state as under:

1. I/we certify that . . . . . . . . . . . . . . . .. . . . .. (Constituent firm/constituent partner) is/are 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 capacity or as a HUF/ member of the partnership firm
LLP/JV/Society/Trust.

2. I/We have read the clause regarding restriction on procurement from a bidder of a country which shares
a land border with India and certify that lam/We are not from such a country or, if from such a country,
have been registered with the competent Authority. I/We hereby certify that I/we fulfil all the
requirements in this regard and am/are eligible to be considered (evidence of valid registration by the
competent authority is enclosed).

SEAL AND SIGNATURE OF THE

CONSTITUENT FIRM/CONSTITUENT PARTNER
Place:-
Dated:-

Page 25 of 103
 ANNEXURE – VI
Reference -Para 10.3 & 17.15.3 of Tender Form (Second Sheet) of Annexure I of ITT

TENDERER’S CREDENTIALS (BID CAPACITY)

EAST CENTRAL RAILWAY
For tenders having advertised value more than Rs 20 crore wherein eligibility criteria includes bid
capacity also, the tenderer will be qualified only if its available bid capacity is equal to or more than the
total bid value of the present tender. The available bid capacity shall be calculated as under:
Available Bid Capacity = [A x N x 2] – 0.33xNxB
Where,

A = Maximum value of construction works executed and payment received in any one of the previous
three financial years or the current financial year (up to date of inviting tender), taking into account the
completed as well as works in progress.

N= Number of years prescribed for completion of work for which bids has been invited.
B = Existing commitments and balance amount of ongoing works with tenderer as per the prescribed
proforma of Railway for statement of all works in progress and also the works which are awarded to
tenderer but yet not started upto the date of inviting of tender.
Note:
(a) The Tenderer(s) shall furnish the details of -
(i) Maximum value of construction works executed and payment received in any one of the
previous three financial years or the current financial year (up to date of inviting tender)
for calculating A, and
(ii) Existing commitments and balance amount of ongoing works with tenderer as per the
prescribed proforma of Railway for statement of all works in progress and also the works
which are awarded to tenderer but yet not started upto the date of inviting of tender for
calculating B. In case of no works in hand, a ‘NIL’ statement should be furnished.
The submitted details for (i) and (ii) above should be duly verified by Chartered
Accountant.
(b) In case if a bidder is JV, the tenderer(s) must furnish the details of
(i) Maximum value of construction works executed and payment received in any one of the
previous three financial years or the current financial year (up to date of inviting tender)
by each member of JV for calculating A, and
(ii) Existing commitments and balance amount of ongoing works with each member of JV
either in individual capacity or as a member of other JV as per the prescribed proforma of
Railway for statement of all works in progress and also the works which are awarded to
each member of JV either in individual capacity or as a member of other JV but yet not
started upto the date of inviting of tender for calculating B. In case of no works in hand, a
‘NIL’ statement should be furnished.
The submitted details for (i) and (ii) above should be duly verified by Chartered
Accountant.
(c) Value of a completed work/work in progress/work awarded but yet not started for a Member in an
earlier JV shall be reckoned only to the extent of the concerned member's share in that JV for the
purpose of satisfying his/her compliance to the above mentioned bid capacity in the tender under
consideration.

Page 26 of 103
(d) The arithmetic sum of individual “bid capacity” of all the members shall be taken as JV’s “bid
capacity”.
(e) In case, the tenderer/s failed to submit the above statement along with offer, their/his offer shall be
considered as incomplete and will be rejected summarily.
(f) The available bid capacity of tenderer shall be assessed based on the details submitted by the
tenderer. In case, the available bid capacity is lesser than estimated cost of work put to tender, his
offer shall not be considered even if he has been found eligible in other eligibility criteria/tender
requirement.

Page 27 of 103
 Annexure –VIA
Para 5 of the Instructions to Tenderers
(Bid Security)
Bank Guarantee Bond from any scheduled commercial bank of India
(On non-judicial stamp paper, which should be in the name of the Executing Bank).

Name of the Bank: ----------

President of India,
Acting through the Principal Chief Engineer/Dy. Chief Engineer/Hajipur
DRM/Sr.Divnl. Engineer, ( ) Divnl. Engineer, ( ) East Central Railway/Danapur,
Beneficiary: ………………………………………………. Railway
Date:......................................................
Bank Guarantee Bond No.: Date:---------
In consideration of the President of India acting through----- (Designation & address of Contract Signing
Authority), …….. Railway, ……………., …. (hereinafter called “The Railway”) having invited the bid
for___________through Notice inviting tender (NIT) No.._____________, We have been informed that . . . . .
[Insert name of the Bidder]............ (hereinafter called "the Bidder") intends to submit its bid (hereinafter
called "the Bid") .
WHEREAS, the Bidder is required to furnish Bid Security for the sum of [Insert required Value of Bid Security],
in the form of Bank Guarantee, according to conditions of Bid.
AND
WHEREAS, ............[Insert Name of the Bank], with its Branch ...............[Insert Address] having its Headquarters
office at........ [Insert Address], hereinafter called the Bank, acting through ..............[Insert Name and Designation
of the authorised persons of the Bank], have, at the request of the Bidder, agreed to give guarantee for Bid Security
as hereinafter contained, in favour of the Railway:
1. KNOW ALL MEN that by these present that I/We the undersigned [Insert name(s) of authorized
representatives of the Bank], being fully authorized to sign and incur obligations for and on behalf of the
Bank, confirm that the Bank, hereby, unconditionally and irrevocably guarantee to pay to the Railway full
amount in the sum of [Insert required Value of Bid Security] as above stated.
2. The Bank undertakes to immediately pay on presentation of demand by the Railway any amount up to and
including aforementioned full amount without any demur, reservation or recourse. Any such demand made by
the Railway on the Bank shall be final, conclusive and binding, absolute and unequivocal on the Bank
notwithstanding any disputes raised/ pending before any Court, Tribunal, Arbitration or any Authority or any
threatened litigation by the Bidder or Bank.
3. The Bank shall pay the amount as demanded immediately on presentation of the demand by Railway without
any reference to the Bidder and without the Railway being required to show grounds or give reasons for its
demand of the amount so demanded.

4. The guarantee hereinbefore shall not be affected by any change in the constitution of the Bank or in the
constitution of the Bidder.
5. The Bank agrees that no change, addition, modifications to the terms of the Bid document or to any
documents, which have been or may be made between the Railway and the Bidder, will in any way absolve the
Bank from the liability under this guarantee; and the Bank, hereby, waives any requirement for notice of any
such change, addition or modification made by Railway at any time.

Page 28 of 103
 6. This guarantee will remain valid and effective from…….…….[insert date of issue]till ………..[insert date,
which should be minimum 90 days beyond the expiry of validity of Bid]. Any demand in respect of this
Guarantee should reach the Bank within the validity period of Bid Security.

7. The Bank Guarantee is unconditional and irrevocable.

8. The expressions Bank and Railway herein before used shall include their respective successors and assigns.

9. The Bank hereby undertakes not to revoke the guarantee during its currency, except with the previous consent
in writing of the Railway. This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC
Publication No.758.

10. The Bank hereby confirms that it is on the SFMS (Structured Financial Messaging System) and shall
invariably send the advice of this Bank Guarantee to the following bank details –

IFSC CODE SBIN000RAIL

IFSC TYPE BRANCH
BANK NAME STATE BANK OF INDIA
BRANCH NAME RAIL
CITY NAME NAVI MUMBAI
ADDRESS SECTOR-11, CBD BELAPUR, NAVI MUMBAI
DISTRICT NAVI MUMBAI
STATE MAHARASHTRA
BG ENABLED YES

11. The Guarantee shall be valid in addition to and without prejudice to any other security Guarantee(s) of Bidder
in favour of the Railway. The Bank, under this Guarantee, shall be deemed as Principal Debtor of the Railway.

Date ………… ………………………………………

Place…………. Bank’s Seal and authorized signature(s)
[Name in Block letters] ………………....
[Designation with Code No.]……………..……
[P/Attorney] No.
Witness:
1 Signature, Name & Address & Seal
2 Signature, Name& address & Seal Bank’s Seal
[P/Attorney]No.

Note: All italicized text is for guidance on how to prepare this bank guarantee and shall be deleted from the final
document.

Page 29 of 103
 Annexure –VIB
Reference -Para 10.2 & 17.15.2 of Tender Form (Second Sheet) of Annexure I of ITT

Each Bidder or each member of a JV must fill in this form separately:

NAME OF BIDDER/JV PARTNER:

Annual Contractual Turnover Data for the Previous 3/4 Years

(Contractual Payment only)

Amount Exchange Indian National Rupees

Year
Currency Rate Equivalent

Average Annual Contractual Turnover for last 3 years

1. The average annual contractual turnover shall be calculated as an average of “total contractual
payments” in the previous three financial years. However, in case balance sheet of the previous year
is yet to be prepared/ audited, the audited balance sheet of the fourth previous year shall be
considered for calculating average annual contractual turnover.
2. The information supplied shall be substantiated by data in the audited balance sheets and profit and
loss accounts for the relevant years in respect of the bidder or all members constituting the bidder.
3. Contents of this form should be certified by a Chartered Accountant duly supported by Audited
Balance Sheet duly certified by the Chartered Accountant.

SEAL AND SIGNATURE OF THE BIDDER

Certified that all figures and facts submitted in this form have been furnished after full consideration of all
observations/notes in Auditor’s reports._____________________

(Signature of Chartered Accountant)

Name of CA:______________
Registration No: ______________
(Seal)

Page 30 of 103
 East Central Railway
GENERAL CONDITION

1. In all matter not expressly provided for or allowed for herein the execution to works shall be in
accordance with the East Central Railway, Standard General Condition of Contract April 2022 edition and
standard specifications for works and materials-2010 edition amendments made thereto and corrected up
to printed/ advance correction slip No. dated and to carry out the work according to the special conditions
of contract and specification of materials and works a s laid down by the Railway in the annexed Special
condition/ specifications, Schedule of Rates corrected up to printed/advance correction slip No. dated for
the present contract. Moreover the following conditions will also prevail in addition to those laid down in
the book of general condition of contract etc. referred to above where there is any conflict between the
instructions or conditions specification contained in the special conditions of this tender and any of these
which appear in the Book of Standard General Condition of Contract April 2022 edition and standard
specifications for works and materials-2010 edition on which the schedule of rates is based referred to in
this contract the former shall prevail.

2. All work throughout will have to be done in an approved workman like manner and according to
detailed drawings pertaining to the work to be supplied by this Rly. Administration with all detailed plan
which may be modified and issued from time to time.

3. For materials to be supplied by the Railway the material will have to be carried from SE (W)
Godown at to the site of works by the contractor at his own cost. In case it is necessary to unload the
materials supplied by Rly from wagons placed at the nearest Rly. siding to the site of work after the lay
out of the work has been given the contractor has also to do the work of unloading within 5 hours between
6 A.M. to 6 P.M. of the placement of wagon without incurring any demurrage failing which recover as per
the rules of demurrage charges will be made. It is also to be noted that contractor should abide by the
traffic rules regarding loading and unloading or materials is issued or modified from time to time and no
extra time will be allowed over the period fixed by Traffic Deptt. For such purposes failing which
demurrage charges will have paid by the contractor for the actual delay. The payment for unloading of
material from wagons as may be required will be made as per Rly. schedule of labour and materials rate
plus the sanctioned percentage increase. All carriage and unloading of such Railway materials by the
contractor will have to be done within the stipulated period of completion and no extension of time will be
allowed on that account.

4. It should be clearly understood that all materials required for the work except the materials which
have been specifically mentioned to be supplied by the Rly. free of cost shall be supplied to the contractor
at the site of work at his own cost and no carriage of the same will be paid by the Rly. (carriage loading,
unloading handling etc.) for these materials are included in the rates given in the schedule USSOR rates.

5. No tools and plants shall be supplied by the Rly. and the contractor will have to make own
arrangement for their supply free of any extra changes for the same.

6. The rates given in the L & M schedule take into account the difficulties and detention and delay in
supply of Rly. materials encountered in course of works and nothing extra on these account shall be paid
for.

Page 31 of 103
7. If the contractor fails to return any excess unused materials supplied by the Railway, the cost there
of shall be recovered from its issue rates plus Rly. freight, handling loading incidental and supervision
charges at prevailing rates increase by 100 percent. The excess materials should be returned to
IOWs/PWIs/BRIs godown at the contractor’s cost within reasonable time.
8. No work should be done unless work order is issued for the same. No claim for work against
which sanctioned work order has not been issued will be admissible.
9. No arrangement for supply of Petrol, Coal and other consumable materials required for the work
will be done by the Railway and the contractor will have to make his own arrangement for some.
10. Wagon priority neither RMC Note nor certificate for priority of wagons for supply of timber or any
other materials to be supplied by the contractor for items concerned will be issued by the Rly.
Administration and the contractor will have to make his own arrangement for the same and any delay to
the work on this account will not be considered as a reason for extension of completion date.

11. Recovery of Taxes :

(I) Income Tax @ 2% (Two percent) on the Gross amount of each bill on the Income Tax deducted,
will be recovered from all the bills of the contractors in terms of Section-194 ( C) of Income Tax
Act-1961 and Ministry of Finance circular No. 593 dtd. 05.02.1991. In case of any revision /
alteration in taxes, received from the Income Tax Department, the same will be taken into
account as per the directives.

(II) As per Railway Board letter No.2017/CE-I/CT/4/GST dated 23.06.2017 “ The successful tender
who is liable to be registered under CGST/IGST/UTGST/SGST Act shall submit GSTIN along
with other details required under CGST/IGST/UTGST/SGST Act to railway immediately after
the award of contract, without which no payment shall be released to the contractor. The
contractor shall be responsible for deposition of applicable GST to the concerned authority.”

(III) As per Railway Board letter No.2017/CE-I/CT/4/GST dated 23.06.2017 “In case the successful
tenderer is not liable to be registered under CGST/IGST/UTGST/SGST Act, the railway shall
deduct the applicable GST from his/their bills under reveres charge mechanism (RCM) and
deposit the same to the concerned authority.”

(IV) The tenderer for carrying out any construction work in Bihar/UP must get themselves registered
from the Registering Officer under Section – 7 of the Building and other Construction workers
Act, 1996 and rules made thereto by the Jharkhand/Bihar/UP Govt. and submit certificate of
Registration issued from the Registering Officer of the Bihar/UP Govt.(Labour Deptt.). For
enactment of the Act, the tenderer shall be required to pay cess @ 1% of cost of construction
work to be deducted from each bill. Cost of material shall be outside the purview of cess, when
supplied under a separate schedule item.

12. Subject as otherwise provided in this tender all notices to be given on behalf of the President of
India and all other action to be taken on his behalf may be given or taken on his behalf by the Railway.

13. The Contractor must make his own arrangement for the supply of good drinking water to the
workman employed him in connection with this work.

Page 32 of 103
14. The materials to be supplied by the contractor should confer to the standard specification as per
East Central Railway Engineering Deptt’s Hand Book of Standard Specifications for Works & Materials-
2010 and General condition of contract -2022 and amendment to General Condition of contract on which
the schedule of rates is based with up to date correction slips.

15. Contractors should submit along the tender copies of recent testimonials with regard of their
experience to show that he/they has have carried out works of his nature.
In case of the firm they should also submit the constitution of firm Partnership deed and power of
attorney etc. along with tender failing which the railway administration reserves the right to reject such
tender.

16. All materials to be supplied by the contractor shall be subject to prior inspection and approved at
site by the Divisional Engineer or his representative. Contractor’s materials which due to any reason have
been ordered by the Divnl. Engineer or his representative to be removed from site must be removed by the
contractor within 7 days of receipt of the order failing which the Railway Administration will be at liberty
to remove by the and/or dispose off these material at their discretion in any manner may think fit and
expenses incurred in this connection will be recovered from dues of the contractor. The contractor will in
no case be entitle to any compensation to this.

17. Contractor will be paid for the quantity of work actually done by him according to East Central
Railway General condition of contract-2022 and standard specifications for works & materials-2010 and
amendment to General Condition of contract (Works contract) on which the schedule of rates is based
with up to date correction slips and no separate payment will be made for any quantity of materials
supplied and brought to site of work to him. The work can also be increased or decreased any item by the
Engineer-in-charge of the work. No claim whatsoever will be entertained in this regard.

18. In the event of termination of this contract as per rules the contractor will have to remove all his
materials lying surplus at site and not paid for, within 15 days of the receipt of the notice of termination of
his contract issued to him by the Railway. In case of his failure to do so the Rly. Administration will have
the option to take over the materials at the rate fixed by the Divisional Engineer and remove the same
from site of work at the cost of the contractor.
19. All materials supplied by the contractor would be of the best quality i.e. according to IS
Specification or Railway specification as the case may be.
20. If necessary, Divnl. Engineer or any of his representatives must be freely allowed to inspect the
materials in the godown/site of manufacture.
21. The Rly. administration however reserve the right that if necessary certain items of works as
provided in the agreement may be done by any other suitable means as may be decided by the
Dy.CE/BRL/HJP for which no extra claim whatsoever will be entertained.

22. Contractors will at his own expenses clear the site of work and provide all necessary labour, page,
stings etc. to enable Dy.CE/BRL/HJP or his representative to check setting and the contractors will correct
errors at his own expense.

23 Unless excluded by or repugment to the context, the expression “Tenderer” wherever accruing in
addition to the “contractor” shall be deemed to mean “contractor” i.e. contractor whose tender has
been accepted.

24 (a) The administration reserve the right to make any change of quantity of work as and when required
during execution. No claim for any change whatsoever will be entertained.
Page 33 of 103
(b) The contractor must not enter into any commitment whatsoever for purchase of materials or for
engagement of labour in advance or in any other way till execution of the agreement as the mere
acceptance of the tender is not authority for entering into such commitment. In any case, written
order from the Railway authority should be obtained before materializing any commitment.

(c) The acceptance of the tender does not entitle the contractor for any compensation in case the work
is not done even after the execution of agreement.

Page 34 of 103
 East Central Railway
Part II
STANDARD GENERAL CONDITIONS OF CONTRACT
1. (1) Definitions: In these Standard General Conditions of Contract, the following terms shall have
the meaning assigned hereunder except where the context otherwise requires:
(a) "Railway" shall mean the President of the Republic of India or the Administrative Officers of the
Railway or of the Successor Railway authorized to deal with any matters which these presents are
concerned on his behalf.

(b) "General Manager" shall mean the Officer in-charge of the General Superintendence and Control
of the Railway and shall also include Addl. General Manager, the General Manager (Construction) and
shall mean and include their successors, of the successor Railway.
(c) "Chief Engineer" shall mean the Officer in-charge of the Engineering Department of Railway and
shall also include Chief Engineer (Construction), Chief Signal & Telecommunication Engineer, Chief
Signal & Telecommunication Engineer (Construction), Chief Electrical Engineer, Chief Electrical
Engineer (Construction), Chief Mechanical Engineer and shall mean & include their successors, of the
Successor Railway.
(d) "Divisional Railway Manager" shall mean the Officer in-charge of a Division of the Railway and
shall mean and include the Divisional Railway Manager of the Successor Railway.
(e) “Engineer” shall mean the Divisional Engineer or the Executive Engineer, Divisional Signal &
Telecom Engineer, Divisional Electrical Engineer, Divisional Mechanical Engineer in executive charge
of the works and shall include the superior officers of Open Line and Construction organisations on the
Railway of the Engineering, Signal & Telecom, Electrical and Mechanical Departments, i.e. the Senior
Divisional Engineer/Deputy Chief Engineer, Senior Divisional Signal & Telecom Engineer / Dy.Chief
Signal & Telecom Engineer, Senior Divisional Electrical Engineer / Deputy Chief Electrical Engineer,
Senior Divisional Mechanical Engineer and shall mean & include the Engineers of the Successors
Railway.
(f) "Engineer's Representative" shall mean the Assistant Engineer, Assistant Signal &
Telecommunication Engineer and Assistant Electrical Engineer, Assistant Mechanical Engineer in direct
charge of the works and shall include any Sr. Section/Junior Engineer of Civil Engineering/Signal and
Telecommunication Engineering/Mechanical Engineering/Electrical Engineering Departments appointed
by the Railway and shall mean and include the Engineer's Representative of the Successor Railway.
(g) "Contractor" shall mean the Person/Firm/LLP/Trust/Co-operative Society or Company whether
incorporated or not who enters into the contract with the Railway and shall include their executors,
administrators, successors and permitted assigns.
(h) "Contract" shall mean and include the Agreement, the Work Order, the accepted Bill(s) of
Quantities or Chapter(s) of Standard Schedule of Rates (SSOR) of the Railway modified by the tender
percentage for items of works quantified, or not quantified, the Standard General Conditions of Contract,
the Special Conditions of Contracts, if any; the Drawing, the Specifications, the Special Specifications, if
any and Tender Forms, if any.
(i) "Works" shall mean the works to be executed in accordance with the contract.
(j) "Specifications" shall mean the Standard Specifications for Materials &Works of Railway as
specified by Railway under the authority of the Chief Engineer or as amplified, added to or superseded by
Special Specifications, if any.
(k) Standard Schedule of Rates (SSOR) shall mean the schedule of Rates adopted by the Railway,
which includes-

Page 35 of 103
 1. “Unified Standard Schedule of Rates of the Railway (USSOR)” i.e. the Standard Schedule of Rates
of the Railway issued under the authority of the Chief Engineer from time to time, updated with
correction slips issued up to date of inviting tender or as otherwise specified in the tender documents;
2. “Delhi Schedule Of Rates (DSR)” i.e. the Standard Schedule of Rates published by Director
General/ Central Public Works Department, Government of India, New Delhi, as adopted and
modified by the Railway under the authority of the Chief Engineer from time to time, updated with
correction slips issued up to date of inviting tender or as otherwise specified in the tender documents.

(l) "Drawing" shall mean the maps, drawings, plans and tracings or prints there of annexed to the
contract and shall include any modifications of such drawings and further drawings as may be issued by
the Engineer from time to time.
(m)"Constructional Plant" shall mean all appliances or things of whatsoever nature required for the
execution, completion or maintenance of the works or temporary works (as hereinafter defined) but does
not include materials or other things intended to form or forming part of the permanent work.
(n)"Temporary Works" shall mean all temporary works of every kind required for the execution
completion and/or maintenance of the works.
(o) "Site" shall mean the lands and other places on, under, in or through which the works are to be
carried out and any other lands or places provided by the Railway for the purpose of the contract.
(p) "Period of Maintenance" shall mean the specified period of maintenance from the date of
completion of the works, as certified by the Engineer.
(q) ‘Contractor’s authorized Engineer’ shall mean a graduate Engineer or equivalent, having more
than 3 years’ experience in the relevant field of construction work involved in the contract, duly approved
by Engineer.
(r) Date of inviting tender shall be the date of publishing tender notice on IREPS website if tender is
published on website or the date of publication in newspaper in case tender is not published on website.
(s)“Bill of Quantities” shall mean Schedule of Item(s) included in the tender document along with
respective quantities and rates, accepted by the Railway.
1. (2) Singular and Plural: Words importing the singular number shall also include the plural and vice
versa where the context requires.
1.(3) Headings and Marginal Headings: The headings and marginal headings in these Standard General
Conditions are solely for the purpose of facilitating reference and shall not be deemed to be part thereof or
be taken into consideration in the interpretation or construction thereof the contract.

GENERAL OBLIGATIONS

2. (1) Execution Co-Relation and Intent of Contract Documents: The contract documents shall be
signed in triplicate by the Railway and the Contractor. The contract documents are complementary and
what is called for by anyone shall be as binding as if called for by all, the intention of the documents is to
include all labour and materials, equipments and transportation necessary for proper execution of work.
Materials or works not covered by or properly inferable from any heading or class of the specifications
shall not be supplied by the Railway to the Contractors unless distinctly specified in the contract
documents. Materials or works described in words which so applied have a well-known technical or trade
meaning, shall be held to refer to such recognized standards.
2.(2) If a work is transferred from the jurisdiction of one Railway to another Railway or to a Project
authority or vice versa while contract is in subsistence, the contract shall be binding on the Contractor and
the Successor Railway/Project in the same manner & take effect in all respects as if the Contractor and the
Successor Railway/Project were parties thereto from the inception and the corresponding officer or the
Competent Authority in the Successor Railway/Project will exercise the same powers and enjoy the same
authority as conferred to the Predecessor Railway/Project under the original contract/agreement entered
into.
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2. (3) If for administrative or other reasons the contract is transferred to the Successor Railway, the
contract shall, notwithstanding any things contained herein contrary there to, be binding on the Contractor
and the Successor Railway in the same manner and take effect in all respects as if the Contractor and the
Successor Railway had been parties thereto from the date of this contract.
3. (1) Law Governing the Contract: The contract shall be governed by the law for the time being in force
in the Republic of India.
3.(2) Compliance to Regulations and Bye-Laws: The Contractor shall conform to the provision of any
statute relating to the works and regulations and bye-laws of any local authority and of any water and
lighting companies or undertakings, with whose system the work is proposed to be connected and shall
before making any variation from the drawings or the specifications that may be necessitated by so
confirming give to the Engineer notice specifying the variation proposed to be made and the reason for
making the variation and shall not carry out such variation until he has received instructions from the
Engineer in respect thereof. The Contractor shall be bound to give all notices required by statute,
regulations or bye-laws as aforesaid and to pay all fees and taxes payable to any authority in respect
thereof.
3.(3) Environmental and Forest clearances: The Railway represents and warrants that the
environmental and forest clearances pertaining to the work commensurate with the progress of
work/agreed programme, will be obtained by Engineer. In the event of any delay in securing respective
clearances leading to delay in execution of work, the Contractor shall be entitled to Extension of Time for
the period of such delay in accordance with the provisions of Clause-17A(ii).
4. Communications to be in Writing: All notices, communications, reference and complaints made
by the Railway or the Engineer or the Engineer's Representative or the Contractor inter-se concerning the
works shall be in writing or e-mail on registered e-mail IDs i.e. the e mail id provided for correspondence
in the contract agreement, otherwise email id registered with IREPS and no notice, communication,
reference or complaint not in writing or through e-mail, shall be recognized.

5. Service of Notices on Contractors: The Contractor shall furnish to the Engineer the name,
designation and address of his authorized agent and all complaints, notices, communications and
references shall be deemed to have been duly given to the Contractor, if delivered to the Contractor or his
authorized agent or left at or posted to the address so given and shall be deemed to have been so given in
the case of posting on day on which they would have reached such address in the ordinary course of post/
e-mail or on the day on which they were so delivered or left. In the case of contract by partners, any
change in the constitution of the firm shall be forthwith notified by the Contractor to the Engineer.
6. Occupation and Use of Land: No land belonging to or in the possession of the Railway shall be
occupied by the Contractor without the permission of the Railway. The Contractor shall not use, or allow
to be used the site for any purposes other than that of executing the works. Whenever non-railway
bodies/persons are permitted to use railway premises with competent authority’s approval, conservancy
charges as applicable from time to time may be levied.
7. Assignment or Subletting of Contract: The Contractor shall not assign or sublet the contract or
any part thereof or allow any person to become interested therein in any manner whatsoever without the
special permission in writing of the Chief Engineer, save as provided below. Any breach of this condition
shall entitle the Railway to rescind the contract under Clause 62 of these Conditions and also render the
Contractor liable for payment to the Railway in respect of any loss or damage arising or ensuing from
such cancellation; provided always that execution of the details of the work by petty Contractor under the
direct and personal supervision of the Contractor or his agent shall not be deemed to be sub-letting under
this clause.

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In case Contractor intends to subcontract part of work, he shall submit a proposal in writing seeking
permission of Chief Engineer for the same. While submitting the proposal to railway, Contractor shall
ensure the following:

(a) (i) Total value of work to be assigned to sub-contractor(s) shall not be more than 50% of
total contract value.

(ii) The subcontractor shall have successfully completed at least one work similar to work
proposed for subcontract in last 5 years, ending date of submission of proposal by
Contractor to Railway, costing not less than 35% value of work to be subletted, through a
works contract. For fulfilment of above, Work Experience Certificate issued by a Govt.
Department/Organisation shall be considered. Further, Work Experience Certificate issued
by a Public listed company shall be considered provided the company is having average
annual turnover of Rs 500 crore and above in last 3 financial years excluding the current
financial year, listed on National Stock Exchange or Bombay Stock Exchange, registered at
least 5 years back from the date of submission of proposal by Contractor to Railway and
work experience certificate issued by a person authorised by the Public Listed Company to
issue such certificates.
Note: for subletting of work costing up to Rs 50 lakh no previous work experience shall
be asked for by the Railway.
In case contractor submits subcontractor’s work experience certificate issued by public
listed company, the contractor shall also submit along with work experience certificate, the
relevant copy of work order, bill of quantities, bill wise details of payment received duly
certified by Chartered Accountant, TDS certificates for all payments received and copy of
final/last bill paid by company in support of above work experience certificate.
(iii) There is no banning of business with the sub-contractor in force over IR.
(b) The Contractor shall provide to the Engineer a copy of the agreement to be entered into by
Contractor with subcontractor. No subcontractor shall be permitted without a formal
agreement between Contractor and subcontractor. This agreement shall clearly define the
scope of work to be carried out by subcontractor and the terms of payment in clear &
unambiguous manner.
(c) On receipt of approval from Chief Engineer, Contractor shall enter into a formal agreement
legally enforceable in Court of Law with subcontractor and submit a copy of the same to
the Engineer.
(d) The Contractor shall intimate to the Engineer not less than 7 days in advance, the intended
date of commencement of subcontractor’s work.
(e) Once having entered into above arrangement, Contractor shall discontinue such
arrangement, if he intends to do so at his own or on the instructions of Railway, with prior
intimation to Chief Engineer.
(f) The Contractor shall indemnify railway against any claim of subcontractor.

(g) The Contractor shall release payment to the Sub-contractor(s) promptly and shall
endeavour to resolve all issues amicably and speedily with the Sub-contractor(s), so that
the execution of work is not affected in any manner whatsoever.

(h) In addition to issuance of work experience certificate to Contractor, the Engineer, when,
based on documents, is satisfied that subcontracted work has been carried out by
subcontractor, shall issue work experience certificate to the subcontractor also for the
portion of work subcontracted and successfully completed by the sub-contractor.

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 Note: Work Experience Certificate to the subcontractor shall be issued only when the
contractor’s work is complete and contractor is entitled for the issuance of Work
Experience Certificate. However, in the same contract, when the Chief Engineer, based on
documents, is satisfied that the subcontractor has successfully carried out subletted work;
without issuance of work experience certificate to subcontractor at this stage, the Chief
Engineer can, only once, consider the successfully completed subletted work for the
fulfilment of eligibility for further subletting of work to the subcontractor in the same
contract. When the contractor’s work is complete and contractor is entitled for the
issuance of work experience certificate, the subcontractor shall be issued one Work
Experience Certificate for the total scope of work executed by the subcontractor in the
contract.
(i) The responsibility of successful completion of work by subcontractor shall lie with
Contractor. Subcontracting will in no way relieve the Contractor to execute the work as per
terms of the Contract.
(j) Further, in case Engineer is of the view that subcontractor’s performance is not satisfactory,
he may instruct the Contractor to remove the subcontractor from the work and Contractor
has to comply with the above instructions with due promptness. Contractor shall intimate
the actual date of discontinuation of subcontract to Engineer. No claim of Contractor
whatsoever on this account shall be entertained by the Railway and this shall be deemed as
‘excepted matter’ (matter not arbitrable).

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

8. Assistance by Railway for the Stores to be obtained by the Contractor: Owing to difficulty in
obtaining certain materials (including Tools & Plant) in the market, the Railway may have agreed without
any liability therefore to endeavour to obtain or assist the Contractor in obtaining the required quantities of
such materials as may be specified in the Tender. In the event of delay or failure in obtaining the required
quantities of the aforesaid material, the Contractor shall not be deemed absolved of his own responsibility
and shall keep in touch with the day to day position regarding their availability and accordingly adjust
progress of works including employment of labour and the Railway shall not in any way be liable for the
supply of materials or for the non-supply thereof for any reasons whatsoever nor for any loss or damage
arising in consequence of such delay or non-supply.
9. Railway Passes: No free railway passes shall be issued by the Railway to the Contractor or any of
his employee/worker.
10. Carriage of Materials: No forwarding orders shall be issued by the Railway for the conveyance
of Contractor's materials, tools and plant by train which may be required for use in the works and the
Contractor shall pay full freight charges at public tariff rates therefor.

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

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12. Representation on Works: The Contractor shall, when he is not personally present on the site of
the works place, keep a responsible agent at the works during working hours who shall on receiving
reasonable notice, present himself to the Engineer and orders given by the Engineer or the Engineer's
representative to the agent shall be deemed to have the same force as if they had been given to the
Contractor. Before absenting himself, the Contractor shall furnish the name and address of his agent for
the purpose of this clause and failure on the part of the Contractor to comply with this provision at any
time will entitle the Railway to rescind the contract under Clause 62 of these Conditions.
13. Relics and Treasures: All gold, silver, oil, other minerals of any description, all precious stones,
coins, treasures relics antiquities and other similar things which shall be found in or upon the site shall be
the property of the Railway and the Contractor shall duly preserve the same to the satisfaction of the
Railway and shall from time to time deliver the same to such person or persons as the Railway may
appoint to receive the same.
14. Excavated Material: The Contractor shall not sell or otherwise dispose of or remove except for
the purpose of this contract, the sand, stone, clay ballast, earth, trees, rock or other substances or materials
which may be obtained from any excavation made for the purpose of the works or any building or
produced upon the site at the time of delivery of the possession thereof but all the substances, materials,
buildings and produce shall be the property of the Railway provided that the Contractor may, with the
permission of the Engineer, use the same for the purpose of the works either free of cost or pay the cost of
the same at such rates as may be determined by the Engineer.

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

16. (1) Security Deposit: The Security Deposit shall be 5% of the contract value. The Bid Security
submitted by the Contractor with his tender will be retained/encashed by the Railways as part of security
for the due and faithful fulfilment of the contract by the Contractor. Provided further that, if Contractor
submits the Cash or Term Deposit Receipt issued from a Scheduled commercial bank of India or
irrevocable Bank Guarantee Bond from a Scheduled commercial bank of India, either towards the Full
Security Depositor the Part Security Deposit equal to or more than Bid Security, the Railway shall return
the Bid Security, to the Contractor.

Balance of Security Deposit may be deposited by the Contractor in cash or Term Deposit Receipt issued
from Scheduled commercial bank of India or irrevocable Bank Guarantee bond issued from Scheduled
commercial bank of India, or may be recovered at the rate of 6% of the bill amount till the full Security
Deposit is recovered. Provided also that in case of defaulting Contractor, the Railway may retain any
amount due for payment to the Contractor on the pending "on account bills" so that the amounts so
retained (including amount guaranteed through Performance Guarantee) may not exceed 10% of the total
value of the contract.
The Irrevocable Bank Guarantee submitted towards Security deposit shall be initially valid up to the
stipulated date of Maintenance period plus 60 days and shall be extended from time to time, depending
upon extension of contract granted in terms of Clause 17A and 17B of the Standard General Conditions of
Contract.
Note: Security Deposit deposited in cash by the Contractor or recovered from the running bills of a
Contractor or submitted by contractor as Term Deposit Receipt(s) can be refunded/returned to the

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contractor, in lieu of irrevocable Bank Guarantee bond issued from scheduled commercial bank of India,
to be submitted by him, for an amount equal to or more than the already available Security Deposit,
provided however that, in a contract of value less than Rs. 50 Crore, such refund/ return of the already
available Security Deposit is permitted up to two times and in a contract of value equal to or more than Rs.
50 Crore, such refund / return of the already available Security Deposit is permitted up to three times.

16.(2) (i) Refund of Security Deposit: Security Deposit mentioned in sub clause (1) above shall be
returned to the Contractor along with or after, the following:

(a) Final Payment of the Contract as per clause 51.(1) and

(b) Execution of Final Supplementary Agreement or Certification by Engineer that Railway has No Claim
on Contractor and
(c) Maintenance Certificate issued, on expiry of the maintenance period as per clause 50.(1), in case
applicable.

16.(2) (ii) Forfeiture of Security Deposit: Whenever the contract is rescinded as a whole under clause 62
(1) of these conditions, the Security Deposit already with railways under the contract shall be forfeited.
However, in case the contract is rescinded in part or parts under clause 62 (1) of these conditions, the
Security Deposit shall not be forfeited.

16.(3) No interest shall be payable upon the Bid Security and Security Deposit or amounts payable to the
Contractor under the Contract, but Government Securities deposited in terms of Sub-Clause 16.(4)(b) of
this clause will be payable with interest accrued thereon.

16.(4) Performance Guarantee

The procedure for obtaining Performance Guarantee is outlined below:
(a) The successful bidder shall have to submit a Performance Guarantee (PG) within 21 (Twenty one)
days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG
beyond 21 (Twenty one) days and upto 60 days from the date of issue of LOA may be given by the
Authority who is competent to sign the contract agreement. However, a penal interest of 12% per annum
shall be charged for the delay beyond 21(Twenty one) days, i.e. from 22ndday after the date of issue of
LOA. Further, if the 60thday happens to be a declared holiday in the concerned office of the Railway,
submission of PG can be accepted on the next working day.
In all other cases, if the Contractor fails to submit the requisite PG even after 60 days from the date
of issue of LOA, the contract is liable to be terminated. In case contract is terminated railway shall be
entitled to forfeit Bid Security and other dues payable to the contractor against that particular contract,
subject to maximum of PG amount. In case a tenderer has not submitted Bid Security on the strength of
their registration as a Startup recognized by Department of Industrial Policy and Promotion (DIPP) under
Ministry of Commerce and Industry, DIPP shall be informed to this effect.

The failed Contractor shall be debarred from participating in re-tender for that work.

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms,
amounting to 5% of the original 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) Pay Orders and Demand Drafts tendered by any Scheduled Commercial Bank of India;

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 (v) Guarantee Bonds executed or Deposits Receipts tendered by any Scheduled Commercial
Bank of India;
(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 date of completion plus 60 days beyond that. In case, the time
for completion of work gets extended, the Contractor shall get the validity of P.G. extended to
cover such extended time for completion of work plus 60 days.

(d) The value of PG to be submitted by the Contractor is based on original contract value and shall not
change due to subsequent variation(s) in the original contract value.

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based on
'Completion Certificate' issued by the competent authority stating that the Contractor has
completed the work in all respects satisfactorily.
(f) Whenever the contract is rescinded, the Performance Guarantee already submitted for the contract
shall be encashed.
(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 above, in which event the Engineer may claim the full amount of the Performance
Guarantee.
(ii) Failure by the Contractor to pay President of India any amount due, either as agreed by the
Contractor or determined under any of the Clauses/Conditions of the Agreement, within 30
days of the service of notice to this effect by Engineer.
(iii) The Contract being determined or rescinded under clause 62 of these conditions.

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

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17A 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 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 circumstances, provided moreover that the Contractor
shall be responsible for requesting such extension of the date as may be considered
necessary as soon as the cause thereof shall arise.

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

The Contractor shall indicate the period for which the work is likely to be delayed and shall seek
extension of time as may be considered necessary under clause 17A(i) or/and 17A(ii) or/ and 17A(iii)
above, as soon as the cause thereof shall arise and, in any case, not less than 15 days before the expiry of
the date fixed for completion of the works. The Engineer shall consider the same and shall grant and
communicate such extension of time as in his opinion is reasonable having regard to the nature and period
of delay and the type and quantum of work affected thereby. No other compensation shall be payable for
works so carried forward to the extended period of time; the same rates, terms and conditions of contract
being applicable, as if such extended period of time was originally provided in the original contract itself.
The non-submission of request for extension or submission of request within less than 15 days
before the expiry of the date fixed for completion of the works, shall make him ineligible for extension
under these sub clauses, subject to final decision of Engineer.
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17B Extension of Time with Liquidated Damages (LD) for delay due to Contractor: The time for
the execution of the work or part of the works specified in the contract documents shall be deemed to be
the essence of the contract and the works must be completed not later than the date(s) as specified in the
contract. If the Contractor fails to complete the works within the time as specified in the contract for the
reasons other than the reasons specified in Clause 17 and 17A, the Railway may, if satisfied that the works
can be completed by the Contractor within reasonable short time thereafter, allow the Contractor for
further extension of time (Proforma at Annexure-VII) as the Engineer may decide. On such extension the
Railway will be entitled without prejudice to any other right and remedy available on that behalf, to
recover from the Contractor as agreed damages and not by way of penalty for each week or part of the
week, a sum calculated at the rate of Liquidated Damages as decided by Engineer, between 0.05% to
0.30% of contract value of the works for each week or part of the week.
For the purpose of this Clause, the contract value of the works shall be taken as value of work as
per contract agreement including any supplementary work order/contract agreement issued. Provided also,
that the total amount of liquidated damages under this condition shall not exceed 5% of the contract value
or of the total value of the item or groups of items of work for which a separate distinct completion period
is specified in the contract.

Provided further, that if the Railway is not satisfied that the works can be completed by the
Contractor and in the event of failure on the part of the contractor to complete the work within further
extension of time allowed as aforesaid, the Railway shall be entitled without prejudice to any other right
or remedy available in that behalf, to appropriate the contractor’s Security Deposit and rescind the
contract under Clause 62 of these Conditions, whether or not actual damage is caused by such default.
NOTE:
In a contract, where extension(s) of time have been allowed once under clause 17B, further request(s) for
extension of time under clause 17A can also be considered under exceptional circumstances. Such
extension(s) of time under clause 17A shall be without any Liquidated damages, but the Liquidated
damages already recovered during extension(s) of time granted previously under clause 17B shall not be
waived. However, Price variation during such extension(s) shall be dealt as applicable for extension(s) of
time under clause 17B.

17C Bonus for Early Completion of Work: In open tenders having advertised value more than Rs.50
crore and original period of completion 12 months or more, when there is no reduction in original scope of
work by more than 10%, and no extension granted on either railway or Contractor’s account, Contractor
shall be entitled for a bonus of 1% for each 30 days early completion of work. The period of less than 30
days shall be ignored while working out bonus. The maximum bonus shall be limited to 5% of original
contract value. The completion date shall be reckoned as the date of issuance of completion certificate by
Engineer.

18.(1) Illegal Gratification: Any bribe, commission, gift or advantage given, promised or offered by or
on behalf of the Contractor or his partner or agent or servant or anyone on his behalf, to any officer or
employee of the Railway or to any person on his behalf in relation to obtaining or execution of this or any
other contract with the Railway shall, in addition to any criminal liability which he may incur, subject
Contractor to the rescission of the contract and all other contracts with the Railway and to the payment of
any loss or damage resulting from such decision and the Railway shall be entitled to deduct the amounts
so payable from the Contractor’s bills/Security Deposit or any other dues of Contractor with the
Government of India.

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

EXECUTION OF WORKS

19.(1) 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 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.

19.(2) 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 from the Engineer and shall proceed with the same with
due expedition and without delay.
19.(3) 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 time) for execution of the work
within stipulated date of completion. The programme of work amended as necessary by discussions with
the Engineer, shall be treated as the agreed programme of the work for the purpose of this contract and the
Contractor shall endeavour 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.
In Contracts for works of New Line/Gauge Conversion/Doubling/Railway Electrification, finalized
through Tenders having advertised value more than Rs.100crores, the Contractor shall submit a detailed
time programme to the Engineer within 30 days after issue of LOA. The program shall include the
physical and Financial Progress vis-à-vis program and forecast cash flow adopting Project Management
Software such as Primavera/Sure Track/MS Project etc. The program must identify the milestones,
interface requirements and program reporting elements. The Contractor shall supply, free of cost one set
of authorized software to the Engineer and the soft copy of structured program for the project. This shall
be updated every month. The Contractor shall also submit a revised programme whenever the previous
programme is inconsistent with actual progress. Each programme shall include:

The order in which the Contractor intends to carry out the Works, including the anticipated timing
of each stage, Contractor’s Documents, procurement, manufacture of Plant, delivery to Site,
construction, erection and testing, each of these stages for work by each Subcontractor, if any, the
sequence and timing of inspections and tests specified in the Contract, and a supporting report
which includes:

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 A general description of the methods which the Contractor intends to adopt, and of the
major stages, in the execution of the Works, and
Details showing the Contractor’s reasonable estimate for the number of each class of
Contractor’s Personnel &Equipment, required on the Site for each major stage.

Unless the Engineer, within 21 days after receiving a programme, gives notice to the Contractor stating
the extent to which it does not comply with the Contract, the Contractor shall proceed in accordance with
the programme, subject to his other obligations under the Contract. The Engineer shall be entitled to rely
upon the programme when planning their activities.
If, at any time, the Engineer gives notice to the Contractor that a programme fails (to the extent stated) to
comply with the Contract or to be consistent with actual progress and the Contractor’s stated intentions,
the Contractor shall submit a revised programme to the Engineer within 15 days in accordance with this
Sub-Clause.

19.(4) 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 checking of all
alignment, grades, levels and dimensions. If, at any time, during the progress of the works any error
appear or arise in any part 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.

20.(1) Compliance to Engineer’s Instructions: The Engineer shall direct the sequence in which the
several parts of the works shall be executed and the Contractor shall execute without delay all orders given
by the Engineer from time to time; but the Contractor shall not be relieved thereby from responsibility for
the due performance of the works in all respects.

20.(2) Alterations to be Authorized: No alterations in or additions to or omissions or abandonment

of any part of the works shall be deemed authorised, except under written instructions from the Engineer.

20.(3) Extra Works: Should works over and above those included in the contract require to be
executed at the site, the Contractor shall have no right to be entrusted with the execution of such works
which may be carried out by another Contractor or Contractors or by other means at the option of the
Railway.
20.(4) Separate Contracts in Connection with Works: The Railway shall have the right to let other
contracts in connection with the works. The Contractor shall afford other Contractors reasonable
opportunity for the storage of their materials and the execution of their works and shall properly connect
and coordinate his work with theirs. If any part of the Contractor’s work depends upon proper execution
or result upon the work of another Contractor(s), the Contractor shall inspect and promptly report to the
Engineer any defects in such works that render it unsuitable for such proper execution and results. The
Contractor's failure so-to inspect and report shall constitute an acceptance of the other Contractor's work
as fit and proper for the reception of his work, except as to defects which may develop in the other
Contractor's work after the execution of his work.

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21. Instruction of Engineer's Representative: Any instructions or approval given by the
Engineer's representative to Contractor in connection with the works shall bind the Contractor as though it
had been given by the Engineer provided always as follows:
(a) Failure of the Engineer's representative to disapprove any work or materials shall not prejudice the
power of the Engineer thereafter to disapprove such work or material and to order the removal or
breaking up thereof.
(b) If the Contractor shall be dissatisfied by reason of any decision of the Engineer's representative, he
shall be entitled to refer the matter to the Engineer who shall there upon confirm or vary such
decision.

22.(1) Adherence to Specifications and Drawings: The site and the detailed drawings shall be made
available to the contractor commensurate with the accepted programme of work submitted under clause
19(3). 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 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.

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

22.(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 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.

22.(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, 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 there
from.
22.(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 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.
23. Working during Night: The Contractor shall not carry out any work between sun-set and sun-
rise without the previous permission of the Engineer. However, if the Engineer is satisfied that the work is
not likely to be completed in time except by resorting to night work, he may order the same without
confirming any right on the Contractor for claiming any extra payment for the same.

24. Damage to Railway Property or Private Life and Property: The Contractor shall be responsible
for all risk to the work and for trespass and shall make good at his own expense all loss or damage
whether to the works themselves or to any other property of the Railway or the lives, persons or property
of others from whatsoever cause in connection with the works until they are taken over by the Railway,
although all reasonable and proper precautions may have been taken by the Contractor. In case the
Railway shall be called upon to make good any costs, loss or damages, or to pay any compensation,
including that payable under the provisions of the Workmen's Compensation Act or any statutory

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amendments thereof to any person or persons sustaining damages as aforesaid by reason of any act, or any
negligence or omissions on the part of the Contractor; the amount of any costs or charges including costs
and charges in connection with legal proceedings, which the Railway may incur in reference thereto, shall
be charged to the Contractor. The Railway shall have the power and right to pay or to defend or
compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being
instituted consequent on the action or default of the Contractor, to take such steps as may be considered
necessary or desirable to ward off or mitigate the effect of such proceedings, charging to Contractor, as
aforesaid; any sum or sums of money which may be paid and any expenses whether for reinstatement or
otherwise which may be incurred and the propriety of any such payment, defence or compromise, and the
incurring of any such expenses shall not be called in question by the Contractor.

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

26. Provision of Efficient and Competent Staff at Work Sites by the Contractor:

26.1 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 that they execute their work in sound & proper manner
and shall employ only such supervisors, workmen & labourers in or about the execution of any of these
works as are careful and skilled in the various trades.

26.2 The Contractor shall at once remove from the works any agents, permitted sub-contractor,
supervisor, workman or labourer who shall be objected to by the Engineer and if and whenever required
by the Engineer, he shall submit a correct return showing the names of all staff and workmen employed by
him.

26.3 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 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 these conditions.

26A. Deployment of Qualified Engineers at Work Sites by the Contractor:

26A.1 The Contractor shall also employ qualified Graduate Engineer(s) or equivalent, or qualified
Diploma Engineer(s), as prescribed in the tender documents.
26A.2 In case the Contractor fails to employ the Engineer, as aforesaid in Para 26A.1, he shall be liable
to pay liquidated damages at the rates, as prescribed in the tender documents.

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26A.3 No. of qualified Engineers required to be deployed by the Contractor for various activities
contained in the works contract shall be specified in the tender documents as ‘Special Condition of
Contract’.

27.(1) 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 and as referred to in and represented by the drawings or in such other 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.

27.(2) 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 proper re-execution, notwithstanding any previous tests thereof or on 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.

(d) The provision of Construction and Demolition Waste Management Rule 2016 issued by Ministry of
Environment Forest and Climate Change dated 29.03.2016 and published in the Gazette of India, Part – II,
Section -3, Sub-section (ii) are binding upon the Contractor. Contractor shall implement these provisions
at worksites, for which no extra payment will be payable.

28. Facilities for Inspection: The Contractor shall afford the Engineer and the Engineer's
Representative every facility for entering in and upon every portion of the work at all hours for the
purpose of inspection or otherwise and shall provide all labour, materials, planks, ladders, pumps,
appliances and things of every kind required for the purpose and the Engineer and the Engineer's
Representative shall at all times have free access to every part of the works and to all places at which
materials for the works are stored or being prepared.

29. Examination of Work before Covering Up: The Contractor shall give 7 days’ notice to the
Engineer or the Engineer's Representative whenever any work or materials are intended to be covered up
in the earth, in bodies or walls or otherwise to be placed beyond the reach of measurements in order that
the work may be inspected or that correct dimensions may be taken before being so covered, placed
beyond the reach of measurement in default whereof, the same shall at the option of the Engineer or the
Engineer's Representative be uncovered and measured at the Contractor's expense or no allowance shall be
made for such work or materials.
30. Temporary Works: All temporary works necessary for the proper execution of the works shall
be provided and maintained by the Contractor and subject to the consent of the Engineer shall be removed
by him at his expenses when they are no longer required and in such manner as the Engineer shall direct.

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In the event of failure on the part of the Contractor to remove the temporary works, the Engineer will
cause them to be removed and cost as increased by supervision and other incidental charges shall be
recovered from the Contractor. If temporary huts are provided by the Contractor on the Railway land for
labour engaged by him for the execution of works, the Contractor shall arrange for handing over vacant
possession of the said land after the work is completed; if the Contractor's labour refuse to vacate, and
have to be evicted by the Railway, necessary expenses incurred by the Railway in connection therewith
shall be borne by the Contractor.

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

31.(4)(a) Contractor to Arrange Supply of Electric Power for Works: Unless otherwise
provided in the contract, the Contractor shall be responsible for arrangements to obtain supply of Electric
Power for the works.

(b) Electric Supply from the Railway System: The Railway may supply to the Contractor part or
whole of the electric power wherever available and possible, required for execution of works from the
Railway's existing electric supply systems at or near the site of works on specified terms and conditions
and such charges as shall be determined by the Railway and payable by the Contractor provided the cost
of arranging necessary connections to the Railway's Electric Supply systems and laying of
underground/overhead conductor, circuit protection, electric power meters, transmission structure, shall be
borne by the Contractor and that the Contractor shall not be entitled to any compensation for interruption
or failure of the Electric supply system.

32. Property in Materials and Plant: The materials and plant brought by the Contractor upon the
site or on the land occupied by the Contractor in connection with the works and intended to be used for the
execution thereof shall immediately be deemed to be the property of the Railway. Such of them as during
the progress of the works are rejected by the Engineer under Clause 25 of these conditions or are declared
by him not to be needed for the execution of the works or such as on the grant of the certificate of
completion remain unused shall immediately on such rejection, declaration or grant cease to be deemed
the property of the Railway and the Contractor may then (but not before) remove them from the site or the
said land. This clause shall not in any way diminish the liability of the Contractor nor shall the Railway be
in any way answerable for any loss or damage which may happen to or in respect of any such materials or
plant either by the same being lost, stolen, injured or destroyed by fire, tempest or otherwise.

33.(1) Tools, Plant and Materials Supplied by Railway: The Contractor shall take all reasonable
care of all tools, plant and materials or other property whether of a like description or not belonging to the
Railway and committed to his charge for the purpose of the works and shall be responsible for all damage

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or loss caused by him, his agents, permitted sub-contractor, or his workmen or others while they are in his
charge. The Contractors shall sign accountable receipts for tools, plants and materials made over to him by
the Engineer and on completion of the works shall hand over the unused balance of the same to the
Engineer in good order and repair, fair wear and tear excepted, and shall be responsible for any failure to
account for the same or any damage done thereto.

33.(2) Hire of Railway's Plant: The Railway may hire to the Contractor such plant as concrete mixers,
compressors and portable engines for use during execution of the works on such terms as may be specified
in the special conditions or in a separate agreement for Hire of Plant.

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

34.(2) Roads and Water Courses: Existing roads or water courses shall not be blocked cut through,
altered, diverted or obstructed in any way by the Contractor, except with the permission of the Engineer.
All compensations claimed for any unauthorized closure, cutting through, alteration, diversion or
obstruction to such roads or water courses by the Contractor or his agent or his staff shall be recoverable
from the Contractor’s bills/Security Deposit or any other dues of Contractor with the Government of
India.

34.(3) Provision of Access to Premises: During progress of work in any street or thoroughfare, the
Contractor shall make adequate provision for the passage of traffic, for securing safe access to all premises
approached from such street or thoroughfare and for any drainage, water supply or means of lighting
which may be interrupted by reasons of the execution of the works and shall react and maintain at his own
cost barriers, lights and other safeguards as prescribed by the Engineer, for the regulation of the traffic,
and provide watchmen necessary to prevent accidents. The works shall in such cases be executed night
and day, if so ordered by the Engineer and with such vigour so that the traffic way be impeded for as short
a time as possible.

34.(4) Safety of Public: The Contractor shall be responsible to take all precautions to ensure the safety
of the public whether on public or railway property and shall post such look out men as may, in the
opinion of the Engineer, be required to comply with regulations appertaining to the work. Contractor shall
ensure placement of barricading / partitions at the place of work to ensure safety of habitants of adjacent
area, failing which Engineer may advise stoppage of work as per his discretion.

34.(5) Display Board: The Contractor shall be responsible for displaying the details of works i.e.
name of work, approximate cost, expected date of completion, name and address of the Contractor and
address of Engineer on a proper steel Board of size not less than 1m x 1m.

35. Use of Explosives: Explosives shall not be used on the works or on the site by the Contractor
without the permission of the Engineer and then also only in the manner and to the extent to which such
permission is given. Where explosives are required for the works, they shall be stored in a special
magazine to be provided by and at the cost of the Contractor in accordance with the Explosive Rules. The
Contractor shall obtain the necessary license for the storage and the use of explosives. All operations in
which or for which explosives are employed shall be at the sole risk and responsibility of the Contractor
and the Contractor shall indemnify the Railway in respect thereof.

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

(a) Provided for in the contract, or

(b) Necessary for the proper execution of the works or by the reason of weather conditions or
by some default on the part of the Contractor, and or
(c) Necessary for the safety of the works or any part thereof, or
(d) Necessary for the safety of adjoining public or other property or safety of the public or
workmen or those who have to be at the site, or

(e) Necessary to avoid disruption of traffic and utilities, as also to permit fast repair and
restoration of any damaged utilities, or

(f) Due to instruction of The National Green Tribunal or any other statutory authority due to
high level of pollution in the city of worksite.

36.(2) The Contractor shall not be entitled to the extra costs, if any, incurred by him during the period
of suspension of the works, but in the event of any suspension ordered by the Engineer for reasons other
than aforementioned and when each such period of suspension exceeds 14 days, the Contractor shall be
entitled to such extension of time for completion of the works as the Engineer may consider proper having
regard to the period or periods of such suspensions and to such compensations as the Engineer may
consider reasonable in respect of salaries or wages paid by the Contractor to his employees during the
periods of such suspension.

36.(3) Suspension Lasting More than 3 Months: If the progress of the works or any part thereof is
suspended on the order of the Engineer for more than three months at a time, the Contractor may serve a
written notice on the Engineer requiring permission within 15 days from the receipt thereof to proceed
with the works or that part thereof in regard to which progress is suspended and if such permission is not
granted within that time the Contractor by further written notice so served may, but is not bound to, elect
to treat the suspension where it affects part only of the works as an omission of such part or where it
affects the whole of the works, as an abandonment of the contract by the Railway.

37. Rates for Items of Works:

(i) The rates, entered in the accepted Bill(s) of Quantities 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 of all

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center 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 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.

38. Demurrage and Wharfage Dues: Demurrage charges calculated in accordance with the scale in
force for the time being on the Railway and incurred by the Contractor failing to load or unload any goods
or materials within the time allowed by the Railway for loading as also wharfage charges, of materials not
removed in time, as also charges due on consignments booked by or to him shall be paid by the
Contractor, failing which such charges shall be debited to the Contractor's account in the hands of the
Railway and shall be deducted from any sums which may become due to him in terms of the contracts.

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

(a) Standard Schedule of Rates (SSOR) Items: Any item of work carried out by the Contractor on the
instructions of the Engineer which is not included in the accepted Bill(s) of Quantities but figures in the
Standard Schedule of Rates (SSOR), shall be executed at the rates set forth in the "Standard Schedule of
Rates (SSOR)" modified by the tender percentage as accepted in the contract for that chapter of Standard
Schedule of Rates (SSOR).
For item(s) not covered in this sub clause, the rate shall be decided as agreed upon between the
Engineer and the Contractor before the execution of such items of work as per sub clause (b).

(b) Other Items: For any item of work to be carried out by the Contractor but not included in the accepted
Bill(s) of Quantities and also not covered under sub clause (a) above, the Contractor shall be bound to
notify the Engineer at least seven days before the necessity arises for the execution of such items of works
that the accepted Bill(s) of Quantities does not include rate or rates for such 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.

The assessment of rates for extra item(s) shall be arrived at based on the prevailing market rates of labour,
machinery & materials and by taking guidance from the following documents in order of priority:

i. Analysis of Rates for “Unified Standard Schedule of Rates of Indian Railways

(USSOR)”
ii. Analysis of Rates for “Delhi Schedule of Rates issued by CPWD (DSR)”
iii. Market Analysis .

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39.(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 here unto fore-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 rates as aforesaid according to the rates as shall be fixed
by the Engineer. However, if the Contractor is not satisfied with the decision of the 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.

40.(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 which his
certificate shall be regarded as sufficient evidence for all 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.

40.(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 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.

40A Offloading of Part(s) of Work: At the final stage of completion/ commissioning of work, in case
the contractor fails to complete the final part(s) of the work and the value of such part(s) of the work is
limited to 5% of the original contract value, the Engineer may allow/decide for offloading of such part(s)
of works, either after the Contractor’s request in writing to do so or after serving a 14 (Fourteen) days suo-
moto notice (as per annexure- VIIA), if the Engineer is of the opinion that :-

(i) Such Offloading of works (up to 5% of original contract value) would enable successful
completion of contract/work,

(ii) Termination/ Part termination of the contract at this stage is not be in the interest of the
Railway/work;, and

(iii) The anticipated additional cost for execution of such works through other mode would not
be substantial and can be recovered from the pending dues of the contractor;

The Contractor shall be informed, in due course, by the Engineer of the mode and cost of
execution of such offloaded work through other agency(ies) (as per annexure- VIIB). The extra
expenditure so incurred in execution of the offloaded work, shall be recovered from subsequent Bill(s) or
any other dues of the Contractor, but not exceeding the value of Performance Guarantee available in the

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contract. There shall be no other repercussion of such offloading on execution of the balance contract. The
Contractor shall have no claim on account of above mentioned offloading of works.

VARIATIONS IN EXTENT OF CONTRACT

41. 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 such arrangements.

42.(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 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.

42.(2) (i) Unless otherwise specified in the special conditions of the contract, the accepted variation in
quantity of each individual item of the contract would be upto 25% of the quantity originally contracted,
except in case of foundation 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 and shall not be entitled to any
claim or any compensation whatsoever upto 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 the agreement quantity is
considered unavoidable, then same shall be executed at following rates

a. Quantities operated in excess of 125% but upto 140% of the agreement quantity of the
concerned item, shall be paid at 98% of the rate awarded for that item in that particular
tender;

b. Quantities operated in excess of 140% but upto 150% of the agreement quantity of the
concerned item shall be paid at 96% of the rate awarded for that item in that particular
tender;

c. Variation in quantities of individual items beyond 150% will be avoided and would be
permitted only in exceptional unavoidable circumstances and shall be paid at 96% of the
rate awarded for that item in that particular tender.

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 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 contract 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 for that item in that particular
tender;
d.(ii) Quantities operated 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 items, the variation limit of 25% shall apply to the gross quantity of earthwork
items and variation in the quantities of individual 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 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).
42.(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 and expressively 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.
CLAIMS

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

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

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 MEASUREMENTS, CERTIFICATES AND PAYMENTS

44. Quantities in Bill(s) of Quantities Annexed to Contract: The quantities set out in the accepted
Bill(s) of Quantities with items of works quantified are the estimated quantities of the works and they shall
not be taken as the actual and correct quantities of the work to be executed by the Contractor in fulfillment
of his obligations under the contract.
45(i). Measurement of Works by Railway: The Contractor shall be paid for the works at the rates in
the accepted Bill(s) of Quantities 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 Bill(s) of Quantities 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 Bill(s) of Quantities 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 Engineer shall be proper having regard to the progress
of works. The date 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
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 incorrect the Contractor shall be
liable to pay the actual expenses incurred in measurements.

45(ii). Measurement of Works by Contractor’s Authorized Representative (in case the contract
provides for the same):

(a) The Contractor shall be paid for the works at the rates in the accepted Bill(s) of Quantities 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 Bill(s) of Quantities 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 Bill(s) of Quantities 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.
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

Page 57 of 103
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:

(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 Contractor or in his absence after due
notice given to him in consequent 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.

(ii) If an objection raised by the Contractor is found by the Engineer to be incorrect the Contractor
shall be liable to pay the actual expenses incurred in 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 exaggerated measurement or has claimed any false
measurement for the 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 shall recover
liquidated damages equal to10% of claimed gross bill value.
(ii) On any next occasion of noticing any exaggerated/false measurement, railway shall recover
liquidated damages equal to 15% of claimed gross bill value. In addition, the facility of
recording of measurements by Contractor as well as release of provisional payment shall be
withdrawn. Once withdrawn, measurements shall be done by railway as per clause 55(i)
above.

46.(1) "On-Account " Payments: The Contractor shall be entitled to be paid from time to time by way
of "On-Account" payment only for such works as in the opinion of the Engineer he has executed in terms
of the contract. All payments due on the Engineer’s/Engineer's Representative's certificates of
measurements or Engineer’s certified “Contractor’s authorized Engineer’s measurements” shall be subject
to any deductions which may be made under these presents and shall further be subject to, unless
otherwise required by Clause 16 of these Conditions, a retention of six percent by way of Security
Deposits, until the amount of Security Deposit by way of such retentions shall amount to 5% of the total
value of the contract provided always that the Engineer may by any certificate make any correction or
modification in any previous certificate which shall have been issued by him and that the Engineer may
withhold any certificate, if the works or any part thereof are not being carried out to his satisfaction.

46.(2) Rounding off Amounts: The total amount due on each certificate shall be rounded off to the
nearest rupee, i.e. sum less than 50 paise shall be omitted and sums of 50 paise and more upto₹1 will be
reckoned as ₹ 1.

46.(3) On Account Payments not Prejudicial to Final Settlement: "On-Account" payments made
to the Contractor shall be without prejudice to the final making up of the accounts (except where
measurements are specifically noted in the Measurement Book as "Final Measurements" and as such have
been signed by the Contractor and Engineer/Engineer's Representative) and shall in no respect be
considered or used as evidence of any facts stated in or to be inferred from such accounts nor of any
particular quantity of work having been executed nor of the manner of its execution being satisfactory.

Page 58 of 103
46.(4) If payment(s) of Advances are applicable in the contract, as mentioned in the Tender
Documents, Railway shall make payment(s) of Interest bearing advances, on the request of contractor. The
payment and recovery of such Advances shall be made as under:

(a): Mobilisation Advance (not applicable for this tender) –

This shall be limited to 10% of the Contract value and shall be paid in 2 stages :
Stage 1 – 5% of Contract Value on signing of the contract agreement.

Stage 2 – 5% on mobilization of site-establishment, setting up offices, bringing in

equipment and actual commencement of work.

The stage 1 of advance shall be payable immediately after signing of contract agreement.

The stage 2 of advance shall be payable at the time of mobilisation, only after submission of an utilization
certificate by the contractor that the Stage 1 advance has been properly utilized in the contract.

These Advances shall be payable against irrevocable guarantee (Bank Guarantee, FDRs) from a scheduled
commercial bank of India of at least 110% of the value of the sanctioned advance amount (covering
principal plus interest).

(b): Advance Against Machinery and Equipment (not applicable for this tender) –

This advance shall be limited to a maximum of 10% of the contract value against new Machinery &
Equipment, involving substantial outlay, brought to site and essentially required for the work. This
advance shall not exceed 75% of the purchase price of such Equipment and shall be payable when
Equipment is hypothecated to the President of India by a suitable bond or alternatively covered by an
irrevocable Bank Guarantee from a scheduled commercial bank of India for full cost of the Plant &
Equipment in a form acceptable to Railways. The Plant & Equipment shall be insured for the full value
and for the entire period, they are required for the work. This Plant & Equipment shall not be removed
from the site of work without prior written permission of the Engineer. No advance should be given
against old Plant & Machinery.

The advances under sub clause (a) and (b) above, are subject to the following conditions –

(i) The full amount of Advances shall be recovered from contractor dues. The recovery shall commence
when the value of contract executed reaches 15% of original contract value and shall be completed when
the value of work executed reaches 85% of the original contract value. The instalments on each "on
account bill" will be on pro-rata basis.
Interest shall be recovered on the advance outstanding for the period commencing from the date of
payment of advance till date of particular on-account bill (through which recovery of principal is effected)
and adjusted fully against on-account bill along with pro-rata principal recovery. In the event of any short-
fall, the same shall be carried forward to the next on-account bill and shall attract interest.

(ii) The advances shall be used by the Contractor for the purpose of the Contract, and for the purpose for
which they are paid. Under no circumstances, shall the advances be diverted for other purposes. Any such
diversion shall be construed as a breach of the Contract and the Contractor shall be asked to return the
advance at once and pay interest at 15% per annum till the advance is recovered back from him. The

Page 59 of 103
Contractor shall return the advance and pay the interest in one go without demur. The Contractor, if
required by the Engineer shall provide the details of utilisation of Mobilisation advance.

(iii) If the Contractor is found to have contravened the provision, it will constitute a breach of contract and
Railway shall be entitled to terminate the contract and forfeit his Performance Guarantee as well as
Security Deposit.

(iv) In cases, where the Contract is rescinded as per clause 62 of the contract or short closed under any
other condition(s) of the contract, without making full recovery of advances and accrued interest thereon,
by the Railway, such balance of advances and accrued interest thereon shall immediately become due
and payable by the Contractor to the Railway. The same shall be recovered from any due of Contractor
with the Government of India.

46.(5) Manner of Payment: Unless otherwise specified payments to the Contractor will be transferred
electronically to his bank account.

46A. Price Variation Clause (PVC): (Not applicable in this tender)

46A.1 Applicability: Price Variation Clause (PVC) shall be applicable only in tender having advertised value
Above Rs. 2 Crores. Provided further that, in a contract where PVC is applicable, following shall be outside the
purview of price adjustments (i.e. shall be excluded from the gross value of the work for the purpose of price
variation) : ·
a) Materials supplied by Railway to the Contractors, either free or at fixed rate;
b) Any extra item(s) included in subsequent variation falling outside the purview of the Bill(s) of
Quantities of tender, under clause 39. (l)(b) Of these Standard General Conditions, unless applicability of
PVC and 'Base Month' has been specially agreed, while fixing the rates of such extra item(s).

46A.2 Base Month: The Base Month for ‘Price Variation Clause’ shall be taken as the one month prior to
closing of tender, unless otherwise stated elsewhere. The quarter for applicability of PVC shall commence from
the month following the Base month. The Price Variation shall be based on the average Price Index of the
quarter under consideration.

46A.3 Validity:
Rates accepted by Railway Administration shall hold good till completion of work and no additional
individual claim shall be admissible except:

(a) Payment/recovery for increase/decrease in GST on works contract or imposition/removal of any tax/cess
on Works Contract as per Clause 37,
(b) Payment/recovery for overall market situation as per Price Variation Clause given
hereunder.

46A.4 Components of various items in a contract on which variation in prices be admissible, shall be steel,
cement, ferrous material, non-ferrous material, insulators, zinc and other materials, labour, plant &
machinery, fuel, explosives, detonators etc. Adjustment for variation in prices of these items shall be
determined in the manner prescribed.

46A.5 No price variation shall be admissible for fixed components.

46A.6 The percentages of various components in various type of works shall be as specified for all item (s)/
Bill(s) of Quantities in tender document and the same shall be fixed as per table & classifications given
below:
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(I). For Civil Engineering Works

1B, 3B, 4B, 5B,

Classification

1C, 3C, 4C, 5C,

3E, 4E, 5E, 6E,

6C, 8C & 9C
3D, 4D, 5D,
6B 8B & 9B
1A, 2 & 3A
SN

8D & 9D

8E & 9E
Components

6D,
4A

5A

6A

8A

9A
7
1 Fixed * 15 15 15 15 15 15 15 15 15 15 15
2 Labour LC 20 25 30 20 50 20 20 0 0 10 25
3 Steel SC 0 0 0 0 0 0 0 85 0 50 0
4 Cement Cc 0 0 15 0 0 0 0 0 85 0 0
Plant 5 15
Machinery & PMC 30 15 20 20 30 0 0 10 30
5 Spares
Fuel & FC 25 15 5 15 15 20 15 0 0 10 20
6 Lubricants
7 Other materials MC 10 15 30 30 5 25 20 0 0 5 10
Detonators &
Explosive EC 0 15 0 0 0 0 0 0 0 0 0
8
Total 100 100 100 100 100 100 100 100 100 100 100

* It shall not be considered for any price variation.

The classification mentioned in the table above represents following type of item(s) in the work(s) –

1 Earthwork in Formation

1A All Item(s) excluding 1B or/and 1C 1B

Item(s) for supply of Steel
1C Item(s) for supply of Cement

2 Ballast Supply Works

3. Tunneling Work (Without Explosive)

3A All Item(s) excluding 3B or/and 3C or/and 3D or/and 3E 3B
Item(s) for supply of Steel
3C Item(s) for supply of Cement or/and Grout
3D Item(s) for Fabrication & Erection of Structures including supply of Steel 3E Item(s)
for Fabrication & Erection of Structures excluding supply of Steel.

4. Tunneling work (With Explosive)

4A All Item(s) excluding 4B or/and 4C or/and 4D or/and 4E 4B

Item(s) for supply of Steel
4C Item(s) for supply of Cement or/and Grout
4D Item(s) for Fabrication & Erection of Structures including supply of Steel 4E
Item(s) for Fabrication & Erection of Structures excluding supply of Steel.

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 5 Building Works

5A All Item(s) excluding 5B or/and 5C or/and 5D or/and 5E 5B

Item(s) for supply of Steel
5C Item(s) for supply of Cement
5D Item(s) for Fabrication & Erection of Structures including supply of Steel 5E
Item(s) for Fabrication & Erection of Structures excluding supply of Steel.

6 Bridges & Protection work

6A All Item(s) excluding 6B or/and 6C or/and 6D or/and 6E 6B

Item(s) for supply of Steel
6C Item(s) for supply of Cement
6D Item(s) for Fabrication, Assembly, Erection & Launching of Girders including supply of
steel.
6E Item(s) for Fabrication, Assembly, Erection &Launching of Girders excluding supply of
steel.

7 Permanent Way linking

8 Platform, Passenger Amenities

8A All Item(s) excluding 8B or/and 8C or/and 8D or/and 8E 8B

Item(s) for supply of Steel item/fittings
8C Item(s) for supply of Cement Item
8D Item(s) for Fabrication & Erection of Structures including supply of Steel 8E
Item(s) for Fabrication & Erection of Structures excluding supply of Steel

9 Any Other Works not covered in Classification 1 to 8

9A All Item(s) excluding 9B or/and 9C or/and 9D or/and 9E 9B

Item(s) for supply of Steel
9C Item(s) for supply of Cement or/and Grout
9D Item(s) for Fabrication & Erection of Structures including supply of Steel 9E
Item(s) for Fabrication & Erection of Structures excluding supply of Steel.

46A.7 Formulae: The Amount of variation in prices in various components (labour, material etc.)
shall be worked out by the following formulae:

(i) L = (W or WSF or WF or WSFL or WFL) x (LQ – LB) x LC

LB x 100

(ii) M = (W or WSF or WF or WSFL or WFL) x (MQ – MB) x MC

MB x100

(iii) F = (W or WSF or WF or WSFL or WFL) x (FQ – FB) x FC

FB x 100

(iv) E = (W) x (EQ – EB) x EC

EB x100

(v) PM = (W or WSF or WF or WSFL or WFL) x(PMQ-PMB) x PMC

PMB x 100
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 (vi) S = (W or WS or WSF) x (SQ-SB) x SC
SB x 100

(vii) C = (W or WC ) x (CQ – CB) x CC

CB x 100

(II) For Railway Electrification Works:

(viii) T = [0.4136x(CQ– CB) / CB] x 85

(ix) R = [0.94x(RT - RO) / RO + 0.06x(ZT - ZO) / ZO] x 85
(x) N = [(PT - PO) / PO] x 85
(xi) I = [(IT – IO) / IO] x 85
(xii) G = [(MQ - MB) / MB] x 85
(xiii) Er = [(LQ - LB) / LB] x 85

Where,

L Amount of price variation in Labour M

Amount of price variation in Materials F

Amount of price variation in Fuel

E Amount of price variation in Explosives

PM Amount of price variation in Plant, Machinery and Spares S

Amount of price variation in Steel Supply Item

C Amount of price variation in Cement Supply Item

T Percentage variation payable on the gross value of bill of Concreting (Bill(s) of Quantities for
concrete items)

R Percentage variation payable on the gross value of bill of Ferrous Items (Bill(s) of Quantities for
ferrous items)

N Percentage variation payable on the gross value of bill of Non-Ferrous Items (Bill(s) of
Quantities for non-ferrous items)

I Percentage variation payable on the gross value of bill of Insulator (Bill(s) of Quantities for
Insulator items)

G Percentage variation payable on the gross value of bill of General Works (Bill(s) of Quantities for
General items)

Er Percentage variation payable on the gross value of erection (Bill(s) of Quantities for Erection
Item)

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 LC % of Labour Component in the item(s) MC

% of Material Component in the item(s) FC

% of Fuel Component in the item(s)

EC % of Explosive Component in the item(s)

PMC % of Plant, Machinery and Spares Component in the item(s)SC %

of Steel Supply item Component in the item(s)

CC % of Cement Supply item Component in the item(s)

W Gross value of work done by Contractor as per on-account bill(s) excluding the Gross value of
work under WS or/and WC or/and WSF or/and WF or/and WSFL or/and WFL and cost of
materials supplied by Railway either free or at fixed rate,

WS Gross value of work done by Contractor for item(s) of supply of steel.

WC Gross value of work done by Contractor for item(s) of supply of cement and /or supply of
grout material.

WSF Gross value of work done by Contractor for item(s) of Fabrication & Erection of Structures
including supply of Steel.

WF Gross value of work done by Contractor for Fabrication & Erection of Structures excluding
supply of Steel.

WSFL Gross value of work done by Contractor for item(s) of Fabrication, Assembly, Erection /
Launching of Girders including supply of Steel.
WFL Gross value of work done by Contractor for item(s) of Fabrication, Assembly, Erection /
Launching of Girders excluding supply of Steel.

LB Consumer Price Index for Industrial Workers - All India: Published in R.B.I. Bulletin for the
base period

LQ Consumer Price Index for Industrial Workers - All India: Published in R.B.I. Bulletin for the
average price index of the 3 months of the quarter under consideration

MB Wholesale Price Index: All commodities – as published in the R.B.I. Bulletin for the base
period

MQ Wholesale Price Index: All commodities – as published in the R.B.I. Bulletin for theaverage
price index of the 3 months of the quarter under consideration

FB The average of official prices of Diesel available on the official website of ‘Petroleum Planning and
Analysis cell’ under Ministry of Petroleum and Natural Gas for Delhi, Kolkata, Mumbai
&Chennai, for the base period

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 FQ The average of official prices of Diesel available on the official website of ‘PetroleumPlanning and
Analysis cell’ under Ministry of Petroleum and Natural Gas for Delhi, Kolkata, Mumbai
&Chennai, for the 3 months of the quarter under consideration

EB Index number of Monthly Whole Sale Price Index for the category ‘Explosive’ of (g). Manufacture
of other chemical products under (J) MANUFACTURE OF CHEMICALS AND
CHEMICAL PRODUCTS, published by Office of Economic Adviser, Govt. of India,
Ministry of Commerce & Industry, Department of Industrial Policy & Promotion (DIPP), for
the base period.

EQ Index number of Monthly Whole Sale Price Index for the category ‘Explosive’ of (g). Manufacture
of other chemical products under (J) MANUFACTURE OF CHEMICALS AND
CHEMICAL PRODUCTS, published by Office of Economic Adviser, Govt. of India, Govt.
of India, Ministry of Commerce & Industry, Department of Industrial Policy & Promotion
(DIPP), for the average price index of 3months of the quarter under consideration.

PMB Index Number of Wholesale Prices in India by Groups and Sub Groups (Averages) for
‘Manufacture of machinery for mining, quarrying and construction’– published in RBI
(Reserve Bank of India) Bulletin, for the base period.

PMQ Index Number of Wholesale Prices in India by Groups and Sub Groups (Averages) for
‘Manufacture of machinery for mining, quarrying and construction’– published in RBI
(Reserve Bank of India) Bulletin, for the average price index of 3 months of the quarter under
consideration.

SB The average rate provided by the Joint Plant Committee for the relevant category of steel item
as mentioned in Clause 46A.9; for the base period.
SQ The average rate provided by the Joint Plant Committee for the relevant category of steel
item as mentioned in Clause 46A.9; for the 3 months of the quarter under consideration.

CB Index No. of Wholesale Price Index of sub-group Cement, Lime & Plaster as published in
RBI Bulletin for the base period

CQ No. of Wholesale Price Index of sub-group Cement, Lime & Plaster as published in RBI
Bulletin for the average price index of the 3 months of the quarter underconsideration

RT IEEMA price index for Steel Blooms (size 150mmx150mm) for the month which is two
months prior to date of inspection of material.

RO IEEMA price index for Steel Blooms (size 150mmx150mm)for the month which is one
month prior to date of opening of tender.
PT IEEMA price index for Copper wire rods for the month which is two months prior todate of
inspection of material.
PO IEEMA price index for Copper wire rods for the month which is one month prior todate of
opening of tender.
ZT IEEMA price index for Zinc for the month which is two months prior to date of
inspection of material
ZO IEEMA price index for Zinc for the month which is one month prior to date of
opening of tender

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 IT RBI wholesale price index for the sub-group “Insulators” for the month which is twomonths
prior to date of inspection of material
IO RBI wholesale price index for the sub-group “Insulators” for the month which is one month
prior to date of opening of tender

(III) SIGNALING & TELECOMMUNICATION WORKS:

(a) The following expressions and meanings are assigned to the value of the work done for
signalling and telecommunication works:

SIGWK = Value of signalling works for a stage payment of the item signalling
works;

INVSIG = Value of inventory for signalling works for a stage payment of theitem
inventory for signalling works;

INTGTESTSIG = Value of integrated testing and commission for signalling works of the
Railway Project;
COMWK = Value of telecommunication works for a stage payment of the item
telecommunication works;

INVCOM = Value of inventory for telecommunication works for a stage paymentof the
item inventory for telecommunication works; and
INTGTESTCOM = Value of integrated testing and commission for telecommunicationworks
of the Railway Project.

(b) Price adjustment for changes in cost of signalling works and telecommunication works shallbe paid
in accordance with the following formula:

(i) VSIGWK = 0.85 SIGWK x [PELEX x (ELEXi – ELEXo)/ ELEXo + POFC x

(OFCi – OFCo)/OFCo + PLB x (LBi – LBo)/LBo + POTH x (OTHi - OTHo)/OTHo
+ S30C x (P30Ci – P30Co)/ P30Co + S24C x (P24Ci – P24Co)/ P24Co + S19C x (P19Ci –
P19Co)/ P19Co + S12C x (P12Ci – P12Co)/ P120Co + S9C x (P9Ci – P9Co)/ P9Co + S6C x
(P6Ci – P6Co)/ P6Co + S4C x (P4Ci – P4Co)/ P4Co + S2C x (P2Ci – P2Co)/P2Co +
S12C2.5 x (P12C2.5i – P12C2.5o)/ P12C2.5o + S2C2.5 x (P2C2.5i –P2C2.5o)/ P2C2.5o +
S2C25 x (P2C25i – P2C25o)/ P2C25o + QC x (PQCi – PQCo)/PQCo;

(ii) VINVSIG = 0.85 SIGWK x [PELEX x (ELEXi – ELEXo)/ ELEXo + POTH x

(OTHi - OTHo)/OTHo];

(iii) VINTGTESTSIG = 0.85 INTGTESTSIG x [PLB x (LBi – LBo)/LBo + POTH x(OTHi-

OTHo)/OTHo];

(iv) VCOMWK = 0.85 COMWK x [PELEX x (ELEXi – ELEXo)/ ELEXo + POFC x (OFCi
– OFCo)/OFCo + PLB x (LBi – LBo)/LBo + POTH x (OTHi - OTHo)/OTHo
+ S30C x (P30Ci – P30Co)/ P30Co + S24C x (P24Ci – P24Co)/ P24Co + S19C x (P19Ci –
P19Co)/ P19Co + S12C x (P12Ci – P12Co)/ P120Co + S9C x (P9Ci – P9Co)/P9Co + S6C x
(P6Ci – P6Co)/ P6Co + S4C x (P4Ci – P4Co)/ P4Co + S2C x (P2Ci – P2Co)/ P2Co+
S12C2.5 x (P12C2.5i – P12C2.5o)/ P12C2.5o + S2C2.5 x (P2C2.5i – P2C2.5o)/ P2C2.5o +
S2C25 x (P2C25i – P2C25o)/ P2C25o + QC x (PQCi – PQCo)/PQCo+ PCEQP x (CEQPi –
CEQPo)/CEQPo];

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 (v) VINVCOM = 0.85 SIGWK x [PELEX x (ELEXi – ELEXo)/ ELEXo + PCEQP x
(CEQPi – CEQPo)/CEQPo + POTH x (OTHi - OTHo)/OTHo]; and

(vi) VINTGTESTCOM = 0.85 INTGTESTCOM x [PLB x (LBi – LBo)/LBo + POTH x(OTHi

- OTHo)/OTHo].

Where

VSIGWK = Increase or decrease in the cost of signalling works during the period under
consideration due to changes in the rates for relevant components as specified in
subparagraph (h);

VINVSIG = Increase or decrease in the cost of inventory for signalling during the period
under consideration due to changes in the rates for relevant components as specified in
subparagraph (h);

VINTGTESTSIG =Increase or decrease in the cost of integrated testing and commissioning of signalling
works of the Railway Project during the period under consideration

Page 67 of 103
due to changes in the rates for relevant components as
specified in sub-paragraph (h);

VCOMWK = Increase or decrease in the cost of communication works during the period under
consideration due to changes in the rates for relevant components as specified in
subparagraph (h);

VINVCOM = Increase or decrease in the cost of inventory for telecommunications works during theperiod under
consideration due to changes in the rates for relevant components as specified in sub-paragraph
(h);

VINTGTESTCOM = Increase or decrease in the cost of integrated testing and commissioning of

telecommunication works of the Railway Project during the period under
consideration due to changes in the rates for relevant components as specified in
subparagraph (h);

PCEQP, PELEX, PIC, PLB, POFC, and POTH are the percentages of communication equipment,
electronics, PVC insulated cables, labour, optical fibre cables, and other materials respectively;

CEQPo = The wholesale price index as published by the Ministry of Commerce and Industry, Government of
India (hereinafter called “WPI”) for communication equipment for the month of the Base
Month;

CEQPi = The WPI for communication equipment for the average price index of the 3 months of the
quarter under consideration;

ELEXo = The WPI for electronics for the month of the Base Month;

ELEXi = The WPI for electronics for the average price index of the 3 months of the quarter under
consideration;

P30Ci = Price payable per Km as adjusted in accordance with price variation Clause for size 30C x 1.5
sq mm signalling cable

P30Co = Price per Km of cable as per purchase order/ Contract agreement.

S30C = Percentage of size 30C x 1.5 sq mm signalling cable shall govern the price
adjustment of the contract price for signalling and telecommunication works.

P24Ci = Price payable per Km as adjusted in accordance with price variation Clause for size 24C x 1.5
sq mm signalling cable

P24Co = Price per Km of cable as per purchase order/ Contract agreement.

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S24C = Percentage of size 24C x 1.5 sq mm signalling cable shall govern the price adjustment of the
contract price for signalling and telecommunication works.

P19Ci = Price payable per Km as adjusted in accordance with price variation Clause for size 19C x
1.5 sq mm signalling cable

P19Co = Price per Km of cable as per purchase order/ Contract agreement.

S19C = Percentage of size 19C x 1.5 sq mm signalling cable shall govern the price
adjustment of the contract price for signalling and telecommunication works.

P12Ci = Price payable per Km as adjusted in accordance with price variation Clause for size 12C x
1.5 sq mm signalling cable

P12Co = Price per Km of cable as per purchase order/ Contract agreement.

S12C = Percentage of size 12C x 1.5 sq mm signalling cable shall govern the price adjustmentof the
contract price for signalling and telecommunication works.

P9Ci = Price payable per Km as adjusted in accordance with price variation Clause for size9C x
1.5 sq mm signalling cable

P9Co = Price per Km of cable as per purchase order/ Contract agreement.

S9C = Percentage of size 9C x 1.5 sq mm signalling cable shall govern the price adjustmentof the
contract price for signalling and telecommunication works.

P6Ci = Price payable per Km as adjusted in accordance with price variation Clause for size6C x
1.5 sq mm signalling cable

P6Co = Price per Km of cable as per purchase order/ Contract agreement.

S6C = Percentage of size 6C x 1.5 sq mm signalling cable shall govern the price adjustmentof the
contract price for signalling and telecommunication works.

P4Ci = Price payable per Km as adjusted in accordance with price variation Clause for size4C x
1.5 sq mm signalling cable

P4Co = Price per Km of cable as per purchase order/ Contract agreement.

S4C = Percentage of size 4C x 1.5 sq mm signalling cable shall govern the price adjustmentof the
contract price for signalling and telecommunication works.

P2Ci = Price payable per Km as adjusted in accordance with price variation Clause for size2C x
1.5 sq mm signalling cable

P2Co = Price per Km of cable as per purchase order/ Contract agreement.

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S2C = Percentage of size 2C x 1.5 sq mm signalling cable shall govern the price adjustment
of the contract price for signalling and telecommunication works.

P12C2.5i = Price payable per Km as adjusted in accordance with price variation Clause for size 12C x
2.5 sq mm signalling cable
P12C2.5o = Price per Km of cable as per purchase order/ Contract agreement.

S12C2.5 = Percentage of size 12C x 2.5 sq mm signalling cable shall govern the price adjustment of the
contract price for signalling and telecommunication works.

P2C2.5i = Price payable per Km as adjusted in accordance with price variation Clause for size 2C x
2.5 sq mm signalling cable

P2C2.5o = Price per Km of cable as per purchase order/ Contract agreement.

S2C2.5 = Percentage of size 2C x 2.5 sq mm signalling cable shall govern the price adjustment of the
contract price for signalling and telecommunication works.

P2C25i = Price payable per Km as adjusted in accordance with price variation Clause for size 2C x
25 sq mm signalling cable

P2C25o = Price per Km of cable as per purchase order/ Contract agreement.

S2C25 = Percentage of size 2C x 25 sq mm signalling cable shall govern the price adjustment of the
contract price for signalling and telecommunication works.

PQCi = Price payable per Km as adjusted in accordance with price variation Clause for size0.9mm
dia, 6 Quad cable.

PQCo = Price per Km of cable as per purchase order/ Contract agreement. QC =

Percentage of size 0.9mm dia, 6 Quad cable shall govern the price.

LBo = The consumer price index for industrial workers – All India, published by Labour Bureau,
Ministry of Labour, Government of India, (hereinafter called “CPI”) for the month of the
Base Month;

LBi = The CPI for industrial workers – All India for the average price index of the 3 months of the
quarter under consideration;

OFCo = The WPI for fibre cables for the month of the Base Month;

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OFCi = The WPI for fibre cables for the average price index of the 3 months of thequarter
under consideration;

OTHo = The WPI for all commodities for the month of the Base Month; and

OTHi = The WPI for all commodities for the average price index of the 3 months of thequarter
under consideration.

(c) The following percentages shall govern the price adjustment of the Contract Price for
signalling and telecommunication works:

Signalling Telecommunication
Works

Telecomm inventory
Integrated testing and

Integrated testing and

Signaling inventory

Telecommunication
Signaling Works

Commissioning

Commissioning
Works
Component

Electronics (PELEX) ***% ***% - ***% ***% -

Communication Equipment (PCEQP) - - - ***% ***% -
Optical Fibre Cable (POFC) ***% - - ***% - -
30C x 1.5 sq mm signalling cable(S30C) ***% - - ***% - -
24C x 1.5 sq mm signalling cable (S24C) ***% - - ***% - -
19Cx 1.5 sq mm signalling cable (S19C) ***% - - ***% - -
12C x 1.5 sq mm signalling cable (S12C) ***% - - ***% - -
9C x 1.5 sq mm signalling cable (S9C) ***% - - ***% - -
6C x 1.5 sq mm signalling cable (S6C) ***% - - ***% - -
4C x 1.5 sq mm signalling cable (S4C) ***% - - ***% - -
2C x 1.5 sq mm signalling cable (S2C) ***% - - ***% - -
12C x 2.5 sq mm signalling cable (S12C2.5) ***% - - ***% - -
2C x 2.5 sq mm signalling cable (S2C2.5) ***% - - ***% - -
2C x 25 sq mm signalling cable (S2C25) ***% - - ***% - -
0.9 mm dia, 6Quad cable (QC) ***% - - ***% - -
Labour (PLB) ***% - ***% ***% ***% ***%

Other materials ***% ***% ***% ***% ***% ***%

Total 100% 100% 100% 100% 100% 100%

Page 71 of 103
 (Note- the percentages may be finalized by tendering authority depending on BOQ)

FORMULAE FOR SIGNALING & TELECOM CABLE

The price payable for signalling cables is variable as per Price Variation Formula givenbelow:

For Signalling Copper Cables:

Pi = Po+CuF (Cu-Cuo) + CCFcu(CC-CCo) + FeF (Fe-Feo) For

Telecom Copper Cables For Jelly Filled, 0.9 mm dia, 6 quad cable

Pi = Po+CuF (Cu-Cuo) + AlFcu(Al-Alo) + CCFcu (CC-Cco) + FeF (Fe-Feo)

For Aluminium Power Cables:

Pi = Po+AlF (Al-Alo) + CCFAl(CC-CCo) + FeF (Fe-Feo)

Where,

Pi = Price payable per KM as adjusted in accordance with Price variation clause.

Po = Price per KM of cable as per Purchase order.

CuF = Variation factor for Copper

Cuo = Price of copper Rod in Rs. Per MT

CCFCu= Variation factor for PVC Compound for Copper Signalling & Telecom cable CCo

= Price of PVC Compound in Rs. Per MT

AlF = Variation factor for Aluminium

Alo = Price of EC grade LME Aluminium rods (Properzi rods) in Rs. Per MT.

CCFAl = Variation factor for PVC Compound for Aluminium power cable

FeF = Variation factor for Steel

Feo = Price of Steel for Armour (Flat strip 4 mm. x 0.8mm/ Round 1.4mm dia) in Rs.
Per MT

(Prices per MT for Cuo, CCo, Feo, Alo as applicable on the 1st working day of the month, onemonth
prior to the deadline for submission of bids. The above prices and indices are as

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 TENDER DOCUMENT
published by IEEMA vide circular reference no. IEEMA (PVC) /CABLE --/--/-- one monthprior to
the deadline for submission of bids.)

Cu= Price of Copper Rod in Rs. Per MT. CC=

Price of PVC Compound in Rs. Per MT.

Fe= Price of Steel for Armouring (Flat strip 4mm x 0.8 mm/ Round 1.4mm dia) in Rs.Per MT. Al =

Price of EC grade LME Aluminium rods (Properzi rods) in Rs. Per MT.

(Prices per MT for Cu, CC, Fe, Al as prevailing on 1stworking day of the calendar month covering the
date One month prior to the date of inspection call letter will be applicable for thecalculation of updated
price. The above prices and indices are as published by IEEMA vide circular reference no. IEEMA
(PVC) /CABLE --/--/-- one month prior to the date of inspection.)

The value of variation factors for copper, steel and PVC Compound are different for different sizes of
signalling cables. Accordingly, the PVC formula for some of the types of signalling cable is as given
under:-

Underground Railway Signalling Cable unscreened and armoured copper conductor

(i) Size 30 C x 1.5 sq.mm.

P30Ci=P30Co+0.391(Cu-Cuo) +0.557(CC-CCo) +0.425(Fe-Feo)

For armouring, price of steel flat strip of size 4mmx0.8mm is to be taken into consideration.

(ii) Size 24C x 1.5 sq.mm

P24Ci= P24Co+0.313(Cu-Cuo) + 0.481 (CC-CCo) +0.398(Fe-Feo)

For armouring, value of steel flat strip of size 4mmx0.8mm is to be taken into consideration.

(iii) Size 19C x 1.5 sq.mm

P19Ci= P19Co+0.248(Cu-Cuo) + 0.395(CC-CCo) +0.343(Fe-Feo)

For armouring, value of steel flat strip of size 4mmx0.8mm is to be taken into consideration.

(iv) Size 12C x 1.5 sq.mm

P12Ci=P12Co+0.157(Cu-Cuo) + 0.277(CC-CCu) +0.289(Fe-Feo)

For armouring, value of steel wire size 1.4mm dia is to be taken into consideration.
(v) Size 9C x 1.5 sq.mm

P9Ci= P9Co+0.117(Cu-Cuo) +0.241(CC-CCu) +0.383(Fe-Feo)

For armouring, value of steel wire size 1.4mm dia is to be taken into consideration.

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 TENDER DOCUMENT
(vi) Size 6Cx 1.5 sq.mm

P6Ci= P6Co+0.078(Cu-Cuo) +0.199(CC-CCu) +0.329(Fe-Feo)

For armouring, value of steel wire size 1.4mm dia is to be taken into consideration.

(vii) Size 4Cx1.5 sq.mm

P4Ci=P4Co+0.052(Cu-Cuo) +0.152(CC-CCo) +0.277(Fe-Feo)

For armouring, value of steel wire size 1.4mm dia is to be taken into consideration.

(viii) Size 2C x 4 sq.mm(multistrand)

P2Ci= P2Co+0.073(Cu-Cuo) +0.156(CC-CCo) +0.3(Fe-Feo)

For armouring, value of steel wire size 1.4mm dia is to be taken into consideration.

(ix) Size 12C x 2.5 sq.mm

P12C2.5i= P12C2.5o+0.282 (Cu-Cuo) +0.371 (CC-CCo) +0.342 (Fe-Feo)

For armouring, value of steel flat strip of size 4mmx0.8mm is to be taken into consideration.

(x) Size 2C x 2.5 sq.mm

P2C2.5i= P2C2.5o+0.047 (Cu-Cuo) +0.139 (CC-CCo) +0.277 (Fe-Feo)

For armouring, value of steel wire size 1.4mm dia is to be taken into consideration.

(xi) Size 2C x 25 sq.mm PVC insulated, armoured, Aluminium power cable

P2C25i= P2C25o+0.146 (Al-Alo) +0.303 (CC-CCo) +0.306 (Fe-Feo)

For armouring, value of steel flat strip of size 4mmx0.8mm is to be taken into consideration.

(xii) For Jelly filled, 0.9mm dia, 6 quad cable

PQCi = PQCo + 0.135 (Al-Alo) + 0.139 (Cu-Cuo) + 0.515 (CC-Cco) + 0.693 (Fe-Feo).

For PVC Compound Grade CW-22, is to be taken into consideration.

46A.8 The demands for escalation of cost shall be allowed on the basis of provisional indices as mentioned above in
Clause 46A.7. Any adjustment needed to be done based on the finally published indices shall be made as and when
they become available.

46A.9: (1) Relevant categories of steel for the purpose of operating Price Variation formula as mentioned in this
Clause shall be as under:

SL Classification Rates to be used for calculating SQ or SB

Reinforcement bars and other Average of per tonne rates of 10mm dia TMT & 25mm
1. rounds dia TMT; confirming IS1786; Fe 500
Page 74 of 103
 TENDER DOCUMENT
Average of per tonne rates of ‘Angle 75x75x6mm, Mild
All types and sizes of angles,
2. Steel Plate 10mm thickness and Channel 150x75mm;
channels and joists
confirming IS2062, E250 Gr “A”
Average of per tonne rates of ‘MS Plates 10mm
3. All types and sizes of plates thickness and 25mm thickness; confirming IS2062,
E250 Gr “A”
Any other section of steel not Average of price for the 3 categories covered under SL
4. covered in the above categories 1, 2 & 3 in this table.

(2). Relevant city for referring “JPC (Joint Plant Committee)”rates of steel items (SQ /SB)
indifferent Zonal Railways shall be as under :

SL City Railway
1. Delhi Northern , North Central, North Eastern, North Western
2. Eastern, East Central, East Coast, Northeast Frontier, South Eastern,
Kolkata Southeast Central
3. Mumbai Central, Western, West Central
4. Chenni Southern, South Central & South Western

46A.10 Price Variation during Extended Period of Contract

The price adjustment as worked out above, i.e. either increase or decrease shall be applicable upto the stipulated
date of completion of work including the extended period of completion where such extension has been granted
under Clause 17A of the Standard General Conditions of Contract. However, where extension of time has been
granted due to Contractor’s failure under Clause 17B of the Standard General Conditions of Contract, price adjustment
shall be done as follows:

a. In case the indices increase above the indices applicable to the last month of
original completion period or the extended period under Clause 17A, the price
adjustment for the period of extension granted under Clause 17B shall be limited
to the amount payable as per the Indices applicable to the last month of the
original completion period or the extended period under Clause 17A of the
Standard General Conditions of Contract; as the case may be.
b. In case the indices fall below the indices applicable to the last month of original/
extended period of completion under Clause 17A, as the case may be; then the
lower indices shall be adopted for the price adjustment for the period of extension
under Clause 17B of the Standard General Conditions of Contract.

47. 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 issue 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 defect that may during
the above period arise in or be discovered or be in any way connected with the works, provided that such
damage or defect is not directly caused by errors in the
Page 75 of 103
 TENDER DOCUMENT
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.
 Maintenance period: 06 (Six) Months.
48.(1) Certificate of Completion of Works: As soon as in the opinion of the Engineer, the work has
been completed and has satisfactorily passed any final test or tests that may be prescribed, the Engineer
shall issue a certificate of completion duly indicating the date of completion in respect of the work and
the period of maintenance of the work shall commence from the date of completion mentioned in such
certificate. The certificate, inter alia, should mention that the work has been completed in all respects
and that all the contractual obligations have been fulfilled by the Contractor
and that there is no due from the Contractor to Railways against the contract concerned.

The Engineer may also issue such a certificate indicating date of completion with respect to any part of
the work (before the completion of the whole of work), which has been both completed to the
satisfaction of the Engineer and occupied or used by the Railway. When any such certificate is given in
respect of part of a work, such part shall be considered as completed and the period of maintenance of
such part shall commence from the date of completion mentioned in the completion certificate issued for
that part of the work.

48.(2) Contractor not Absolved by Completion Certificate: The Certificate of Completion in respect
of the works referred to in Sub-Clause (1) of this Clause shall not absolve the Contractor from his
liability to make good any defects imperfections, shrinkages or faults which may appear during the
period of maintenance specified in the tender arising in the opinion of the Engineer from materials or
workmanship not in accordance with the drawings or specifications or instruction of the Engineer, which
defects, imperfections, shrinkages or faults shall upon the direction in writing of the Engineer be
amended and made good by the Contractor at his own cost; and in case of default on the
part of Contractor, the Engineer may employ labour and materials or appoint another Contractor to
amend and make good such defects, imperfections, shrinkages and faults and all expenses consequent
thereon and incidental thereto shall be borne by the Contractor and shall be recoverable from any
moneys due to him under the contract.

48(3) Final Supplementary Agreement: After the work is completed or otherwise concluded by the
parties with mutual consent, and taken over by the Railway as per terms and conditions of the contract
agreement, and there is unequivocal no claim on either side under the Contract other than as mentioned
in item 4 of Annexure XIV, the parties shall execute the Final Supplementary Agreement as per
Annexure XIV.

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

50.(1) Maintenance Certificate: The Contract shall not be considered as completed until a
Maintenance Certificate, if applicable, shall have been signed by the Engineer stating that the works
have been completed and maintained to his satisfaction. The Maintenance Certificate shall be given by
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 TENDER DOCUMENT
the Engineer upon the expiration of the period of maintenance or as soon thereafter as any works ordered
during such period pursuant to Sub Clause (2) to Clause 48 of these Conditions shall have been
completed to the satisfaction of the Engineer, and full effect shall be given to this Clause
notwithstanding the taking possession of or using the works or any part thereof by the Railway.

The Competent Authority to issue above Maintenance Certificate shall normally be the authority who is
competent to sign the contract. If this Competent Authority is of the rank lower than JA Grade, then a JA
Grade Officer (concerned with the work) should issue the Certificate. The Certificate, inter alia, should
mention that the work has been completed in all respects and that all the contractual obligations have
been fulfilled by the Contractor and that there is no due from the Contractor to Railways against the
contract concerned

50.(2) Cessation of Railway’s Liability: The Railway shall not be liable to the Contractor for any
matter arising out of or in connection with the contract for execution of the works unless the Contractor
has made a claim in writing in respect thereof before the issue of the Maintenance Certificate under this
clause.

50.(3) Unfulfilled Obligations: Notwithstanding the issue of the Maintenance Certificate the
Contractor and (subject to Sub-Clause (2) of this Clause) the Railway shall remain liable for the
fulfillment of any obligation incurred under the provision of the contract prior to the issue of the
Maintenance Certificate which remains unperformed at the time such Certificate is issued and for the
purposes of determining the nature and extent of any such obligations, the contract shall be deemed to
remain in force between the parties thereto.

51.(1) Final Payment: On the Engineer's certificate of completion in respect of the works, adjustment
shall be made and the balance of account based on the Engineer or the Engineer's representative's
certified measurements or Engineer’s certified “contractor’s authorized engineer’s measurements” of the
total quantity of work executed by the Contractor upto the date of completion and on the rates accepted
in Bill(s) of Quantities and for extra works on rates determined under Clause 39 of these Conditions
shall be paid to the Contractor subject always to any deduction which may be made under these presents
and further subject to the Contractor having signed delivered to the Engineer enclosing either a full
account in detail of all claims he may have on the Railway in respect of the works or having delivered
No Claim Certificate and the Engineer having after the receipt of such account given a certificate in
writing that such claims are not covered under excepted matter i.e. Clauses 7(j), 8, 18, 22(5), 39.1, 39.2,
40A, 43(2), 45(i)(a), 55, 55-A(5), 57, 57A, 61(1), 61(2) and 62(1), 63(iv) and 63.2.11 of the Standard
General Conditions of Contract or in any Clause (stated as excepted matter) of the Special Conditions of
the Contract, that the whole of the works to be done under the provisions of the Contracts have been
completed, that they have been inspected by him since their completion and found to be in good and
substantial order, that all properties, works and things, removed, disturbed or injured in consequence of
the works have been properly replaced and made good and all expenses and demands incurred by or
made upon the Railway for or in the respect of damage or loss by from or in consequence of the works,
have been satisfied agreeably and in conformity with the contract.

51.(2) Post Payment Audit: It is an agreed term of contract that the Railway reserves to itself the right
to carry out a post-payment audit and/ or technical examination of the works and the Final Bill including
all supporting vouchers, abstracts etc. and to make a claim on the Contractor for the refund of any excess
amount paid to him till the release of security deposit or settlement of claims, whichever is later, if as a
result of such examination any over-payment to him is discovered to have been made in respect of any
works done or alleged to have been done by him under the contract.
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 TENDER DOCUMENT

51-A. Production of Vouchers etc. by the Contractor:

(i) For a contract of more than one crore of rupees, the Contractor shall, whenever required, produce
or cause to be produced for examination by the Engineer any quotation, invoice, cost or other
account, book of accounts, voucher, receipt, letter, memorandum, paper of writing or any copy of
or extract from any such document and also furnish information and returns verified in such
manner as may be required in any way relating to the execution of this contract or relevant for
verifying or ascertaining cost of execution of this contract (the decision of the Engineer on the
question of relevancy of any documents, information or return being final and binding in the
parties). The Contractor shall similarly produce vouchers etc., if required to prove to the
Engineer, that materials supplied by him, are in accordance with the specifications laid down in
the contract.

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

(iii) The obligations imposed by Sub Clause (i) & (ii) above is without prejudice to the obligations of
the Contractor under any statute rules or orders binding on the Contractor.

52. Withholding and Lien in Respect of Sums Claimed: Whenever any claim or claims for
payment of a sum of money arises out of or under the contract against the Contractor, the Railway shall
be entitled to withhold and also have a lien to retain such sum or sums in whole or in part from the
security, if any, deposited by the Contractor and for the purpose aforesaid, the Railway shall be entitled
to withhold the said cash Security Deposit or the Security if any, furnished as the case may be and also
have a lien over the same pending finalization or adjudication of any such claim. In the event of the
security being insufficient to cover the claimed amount or amounts or if no security has been taken from
the Contractor, the Railway shall be entitled to withhold and have a lien to the extent of the such claimed
amount or amounts referred to supra, from any sum or sums found payable or which at any time
thereafter may become payable to the Contractor under the same contract or any other contract with this
or any other Railway or any Department of the Central Government pending finalization or adjudication
of any such claim.

It is an agreed term of the contract that the sum of money or moneys so withheld or retained under the
lien referred to above, by the Railway will be kept withheld or retained as such by the Railways till the
claim arising out of or under the contract is determined by the arbitrator (if the contract governed by the
Arbitration Clause) or by the competent court as the case may be and that the Contractor will have no
claim for interest or damages whatsoever on any account in respect of such
withholding or retention under the lien referred to supra and duly notified as such to the Contractor. For
the purpose of this clause, where the Contractor is a partnership firm or a company, the Railway shall be
entitled to withhold and also have a lien to retain towards such claimed amount or amounts in whole or
in part from any sum found payable to any partner / company, as the case may be whether in his
individual capacity or otherwise.
52-A Lien in Respect of Claims in other Contracts:
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(i) Any sum of money due and payable to the Contractor (including the Security Deposit returnable
to him) under the contract may be withheld or retained by way of lien by the Railway, against
any claim of this or any other Railway or any other Department of the Central Government in
respect of payment of a sum of money arising out of or under any other contract made by the
Contractor with this or any other Department of the Central Government.
(ii) However, recovery of claims of Railway in regard to terminated contracts may be made from the
Final Bill, Security Deposits and Performance Guarantees of other contract or contracts, executed
by the Contractor. The Performance Guarantees submitted by the Contractor against other
contracts, if required, may be withheld and encashed. In addition, 10% of each subsequent ‘on-
account bill’ may be withheld, if required, for recovery of Railway’s dues against the terminated
contract.
(iii) It is an agreed term of the contract that the sum of money so withheld or retained under this
Clause by the Railway will be kept withheld or retained as such by the Railway till the claim
arising out of or under any other contract is either mutually settled or determined by arbitration,
if the other contract is governed by Arbitration Clause or by the competent court as the case may
be and Contractor shall have no claim for interest or damages whatsoever on this account or on
any other ground in respect of any sum of money withheld or retained under this Clause and duly
notified as such to the Contractor.

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

54. 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, 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

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same from Contractor’s bills/Security Deposit or any other dues of Contractor with the Government of
India.

54-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 for the purpose of
carrying out the Contract.

If the Contractor directly or 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.

55. 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 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.
55-A. Provisions of Contract Labour (Regulation and Abolition) Act, 1970:
55-A.(1) The Contractor shall comply with the provision of the contract labour (Regulation and
Abolition) Act, 1970 and the Contract labour (Regulation and Abolition) Central Rules 1971 as modified
from time to time, wherever applicable and shall also indemnify the Railway from and against any
claims under the aforesaid Act and the Rules.
55-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 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.
55-A.(3) The Contractor shall pay to the labour employed by him directly or through
subcontractors the wages as per provision of the aforesaid Act and the Rules wherever applicable. The
Contractor shall notwithstanding the provisions of the contract to the contrary, cause to be paid the
wages to 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.
55-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 comply with or cause to be complied with the
provisions of the aforesaid Act and Rules wherever applicable.

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55-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
subcontractor 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 Act, the Railway shall be at liberty to recover
such amount or part thereof 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.

55-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
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.

55-C (i) Contractor is to abide by the provisions of various labour laws in terms of above clause 54, 55,
55-A and 55-B of the Standard General Conditions of Contract. In order to ensure the same, an
application has been developed and hosted on website ‘www.shramikkalyan.indianrailways.gov.in’.
Contractor shall register his firm/company etc. and upload requisite details of labour and their payment
in this portal. These details shall be available in public domain. The registration/ updation in 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 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 login ID (PAN No.)
for subsequent use of portal for all Letter of Acceptances (LoAs) issued in his favour.

(c) The contractor once registered on the portal, shall provide details of his Letter of
Acceptances (LoAs) / Contract Agreements on shramikkalyan portal within 15 days of
issue of any LoA for approval of concerned 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 of contract
labours engaged in the contract and ensure updating of each wage payment to them on
shramikkalyan portal on monthly basis.
(e) It shall be mandatory upon the contractor to ensure correct and prompt uploading of all
salient details of engaged contractual labour & payments made thereof after each wage
period.
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(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 representatives that “I have uploaded the correct details of contract labours 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.”

55-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 the
Registering Officer under Section-7 of the Building and Other Construction Workers Act, 1996 and
Rules made thereto by the concerned State Govt., and submit Certificate of Registration issued by
Registering Officer of the concerned State Govt. (Labour Dept.). The Cess shall be deducted from
contractor’s bills as per provisions of the Act.

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

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

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

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

59.(1) Labour Camps: The Contractor shall at his own expense make adequate arrangements for the
housing, supply of drinking water and provision of latrines and urinals for his staff and workmen,
directly or through the petty Contractors or sub-contractors and for temporary creche (Bal-Mandir)
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where 50 or more women are employed at a time. Suitable sites on Railway land, if available, may be
allotted to the Contractor for the erection of labour camps, either free of charge or on such terms and
conditions that may be prescribed by the Railway. All camp sites shall be maintained in clean and
sanitary conditions by the Contractor at his own cost.

59.(2) Compliance to Rules for Employment of Labour: The Contractor(s) shall conform to all
laws, bye-laws rules and regulations for the time being in force pertaining to the employment of local or
imported labour and shall take all necessary precautions to ensure and preserve the health and safety of
all staff employed directly or through petty contractors or sub-contractors on the works.

59.(3) Preservation of Peace: The Contractor shall take requisite precautions and use his best
endeavours to
(i) Prevent any riotous or unlawful behaviour by or amongst his workmen and other employed
directly or through the petty Contractors or sub-contractors on the works and for the preservation
of peace and protection of the inhabitants and

(ii) Security of property in the neighbourhood of the works. In the event of the Railway requiring the
maintenance of a Special Police Force at or in the vicinity of the site during the tenure of works,
the expenses thereof shall be borne by the Contractor and if paid by the Railway shall be
recoverable from the Contractor.

59.(4) Sanitary Arrangements: The Contractor shall obey all sanitary rules and carry out all sanitary
measures that may from time to time be prescribed by the Railway Medical Authority and permit
inspection of all sanitary arrangements at all times by the Engineer, the Engineer's Representative or the
Medical Staff of the Railway. Should the Contractor fail to make the adequate sanitary arrangements,
these will be provided by the Railway and the cost thereof recovered from the Contractor.

59.(5) Outbreak of Infectious Disease: The Contractor shall remove from his camp such labour and
their families as refuse protective inoculation and vaccination when called upon to do so by the Engineer
or the Engineer's Representative on the advice of the Railway Medical Authority. Should cholera,
plague, or other infectious disease break out, the Contractor shall burn the huts, beddings, clothes and
other belongings of or used by the infected parties and promptly erect new huts on healthy sites as
required by the Engineer, failing which within the time specified in the Engineer's requisition, the work
may be done by the Railway and the cost thereof recovered from the Contractor.

59.(6) Treatment of Contractor's Staff in Railway Hospitals: The Contractor and his staff, other than
labourers and their families requiring medical aid from the railway hospital and dispensaries will be
treated as private patients and charged accordingly. The Contractors' labourers and their Families will be
granted free treatment in railway hospitals and dispensaries where no other hospitals or dispensaries are
available provided the Contractor pays the cost of medicines, dressing and diet money according to the
normal scale and additional charges for special examinations such as pathological and bacteriological
examination, X-Ray, etc. and for surgical operation.

59. (7) Medical Facilities at Site: The Contractor shall provide medical facilities at the site as may be
prescribed by the Engineer on the advice of the Railway Medical Authority in relation to the strength of
the Contractor's resident staff and workmen.

59. (8) Use of Intoxicants: The sale of ardent spirits or other intoxicating beverages upon the work or in
any of the buildings, encampments or tenements owned, occupied by or within the control of the
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Contractor or any of his employees shall be forbidden and the Contractor shall exercise his influence and
authority to the utmost extent to secure strict compliance with this condition.

59.(9) Restrictions on the Employment of Retired Engineers of Railway Services Within One
Year of their Retirement: The Contractor shall not, if he is a retired Government Engineer of Gazetted
rank, himself engage in or employ or associate a retired Government Engineer of Gazetted rank, who has
not completed one year from the date of retirement, in connection with this contract in any manner
whatsoever without obtaining prior permission of the President and if the Contractor is found to have
contravened this provision it will constitute a breach of contract and administration will be entitled to
terminate the contract and forfeit his Performance Guarantee as well as Security Deposit.

60.(1) Non-Employment of Labourers below the age of 15: The Contractor shall not employ children
below the age of 15 as labourers directly or through petty Contractors or sub-contractors for the
execution of work.

60.(2) Medical Certificate of Fitness for Labour: It is agreed that the Contractor shall not employ a
person above 15 and below 19 years of age for the purpose of execution of work under the contract
unless a medical certificate of fitness in the prescribed form (Proforma at Annexure-VIII) granted to him
by a certifying surgeon certifying that he is fit to work as an adult, is obtained and kept in the custody of
the Contractor or a person nominated by him in this behalf and the person carries with him, while at
work; a token giving a reference to such certificate. It is further agreed that the responsibility for having
the adolescent examined medically at the time of appointment or periodically till he attains the age of 19
years shall devolve entirely on the Contractor and all the expenses to be incurred on this account shall be
borne by him and no fee shall be charged from the adolescent or his parent for such medical
examination.

60.(3) Period of Validity of Medical Fitness Certificate: A certificate of fitness granted or renewed
for the above said purposes shall be valid only for a period of one year at a time. The certifying surgeon
shall revoke a certificate granted or renewed if in his opinion the holder of it, is no longer fit for work in
the capacity stated therein. Where a certifying surgeon refuses to grant or renew a certificate or revoke a
certificate, he shall, if so required by the person concerned, state his reasons in writing for doing so.

60.(4) Medical Re-Examination of Labourer: Where any official appointed in this behalf by the
Ministry of Labour is of the opinion that any person employed in connection with the execution of any
work under this contract in the age group 15 to 19 years is without a certificate of fitness or is having a
certificate of fitness but no longer fit to work in the capacity stated in the certificate, he may
serve on the Contractor, or on the person nominated by him in this regard, a notice requiring that such
persons shall be examined by a certifying surgeon and such person shall not if the concerned official so
directs, be employed or permitted to do any work under this contract unless he has been medically
examined and certified that he is fit to work in the capacity stated in the certificate.

EXPLANATIONS:
(1) Only Qualified Medical Practitioners can be appointed as "Certifying Surgeons" and the
term "Qualified Medical Practitioners" means a person holding a qualification granted by
an authority specified in the Schedule to the Indian Medical Degrees Act, 1916 (VII to
1916) or in the Schedule to the Indian Medical Council Act, 1933 (XXVII) of 1933.

(2) The Certifying surgeon may be a medical officer in the service of State or Municipal
Corporation.
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DETERMINATION OF CONTRACT

61.(1) Right of Railway to Determine the Contract: The Railway shall be entitled to determine and
terminate the contract at any time should, in the Railway's opinion, the cessation of work becomes
necessary owing to paucity of funds or from any other cause whatever, in which case the value of
approved materials at site and of work done to date by the Contractor will be paid for in full at the rate
specified in the contract. Notice in writing from the Railway of such determination and the reasons
therefor shall be conclusive evidence thereof.

61.(2) Payment on Determination of Contract: Should the contract be determined under sub clause
(1) of this clause and the Contractor claims payment for expenditure incurred by him in the expectation
of completing the whole of the work, the Railways shall admit and consider such claims as are deemed
reasonable and are supported by vouchers to the satisfaction of the Engineer. The Railway's decision on
the necessity and propriety of such expenditure shall be final and conclusive.

61.(3) The Contractor shall have no claim to any payment of compensation or otherwise, howsoever on
account of any profit or advantage which he might have derived from the execution of the work in full
but which he did not derive in consequence of determination of contract.

62.(1) Determination of Contract owing to Default of Contractor:

If the Contractor should:

(i) Becomes bankrupt or insolvent, or
(ii) Make an arrangement for assignment in favour of his creditors, or agree to carry out the
contract under a Committee of Inspection of his creditors, or
(iii) Being a Company or Corporation, go into liquidation (other than a voluntary liquidation
for the purposes of amalgamation or reconstruction), or
(iv) Have an execution levied on his goods or property on the works, or
(v) Assign the contract or any part thereof otherwise than as provided in Clause 7 of these
Conditions, or
(vi) Abandon the contract, or
(vii) Persistently disregard the instructions of the Engineer, or contravene any provision of the
contract, or
(viii) Fail to adhere to the agreed programme of work by a margin of 10% of the stipulated
period, or
(ix) Fail to Execute the contract documents in terms of Para 8 of the Instructions to Tenderers.
(x) Fail to submit the documents pertaining to identity of JV and PAN in terms of Para 17.11
of Tender Form (Second Sheet) of Annexure I available in the Instructions to Tenderers.
(xi) Fail to remove materials from the site or to pull down and replace work after receiving
from the Engineer notice to the effect that the said materials or works have been
condemned or rejected under Clause 25 and 27 of these Conditions, or
(xii) Fail to take steps to employ competent or additional staff and labour as required under
Clause 26 of these Conditions, or
(xiii) Fail to afford the Engineer or Engineer's representative proper facilities for inspecting the
works or any part thereof as required under Clause 28 of these Conditions, or
(xiv) Promise, offer or give any bribe, commission, gift or advantage either himself or through
his partner, agent or servant to any officer or employee of the Railway or to any person on

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his or on their behalf in relation to the execution of this or any other contract with this
Railway.
(xv) Fail to adhere to the provisions of Para 16 of Tender Form (Second Sheet) of Annexure I
of the Instructions to Tenderers, or provision Clause 59(9) of these Conditions.
(xvi) Submits copy of fake documents / certificates in support of credentials, submitted by the
Tenderer

Then and in any of the said Clause, the Engineer on behalf of the Railway may serve the Contractor
with a notice (Proforma at Annexure-IX) in writing to that effect and if the Contractor does not within
seven days after the delivery to him of such notice proceed to make good his default in so far as the same
is capable of being made good and carry on the work or comply with such directions as aforesaid of the
entire satisfaction of the Engineer, the Railway shall be entitled after giving 48 hours’ notice (Proforma
at Annexure-X or XII, as the case may be) in writing under the hand of the Engineer to rescind the
contract as a whole or in part or parts (as may be specified in such notice) and after expiry of 48 hours’
notice, a final termination notice (Proforma at Annexure-XI or XIII, as the case may be) should be
issued.
Note: Engineer at his discretion may resort to the part termination of contract with notices (Proforma at
Annexure- IX, XII and XIII), only in cases where progress of work is more than or equal to 80% of the
original scope of work.
62.(2) Right of Railway after Rescission of Contract owing to Default of Contractor: In the event
of any or several of the courses, referred to in Sub-Clause (1) of this Clause, being adopted:

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

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

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

(i) The full Performance Guarantee available for the contract shall be recovered. No
additional Performance Guarantee shall be required for balance of work being executed
through the part terminated contract. The contract value of part terminated contract stands
reduced to the balance value of work under the contract.

(ii) The Security Deposit of part terminated contract shall be dealt as per clause 16(2) of these
Conditions.
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(iii) The defaulting Contractor shall not be issued any completion certificate for the contract.

(iv) The balance work shall be got done independently without risk & cost of the failed
Contractor. The failed Contractor shall be debarred from participating in the tender for
executing the balance work. If the failed Contractor is a JV or a Partnership firm, then
every member/partner of such a firm shall be debarred from participating in the tender for
the balance work in his/her individual capacity or as a partner of any other JV
/partnership firm.

(v) Further the authorized representative of failed Contractor will not be accepted as
authorized representative in new contract.

(d) The Engineer or the Engineer's Representative shall be entitled to take possession of any materials,
tools, implements, machinery and buildings on the works or on the property on which these are being or
ought to have been executed, and to retain and employ the same in the further execution of the works or
any part thereof until the completion of the works without the Contractor being entitled to any
compensation for the use and employment thereof or for wear and tear or destruction thereof.

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

SETTLEMENT OF DISPUTES – INDIAN RAILWAY ARBITRATION AND

CONCILIATION RULES

63. Conciliation of Disputes:

(i) This clause is applicable in the tender having advertised value less than or equal to Rs 50
Crore.
(ii) 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.

(iii) The Conciliator(s) shall assist the parties to reach an amicable settlement in an
independent and impartial manner within the terms of contract.

(iv) If the parties reach agreement on a settlement of the dispute, they shall draw up and sign a
written settlement agreement duly signed by Engineer In-charge, Contractor and

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conciliator(s). When the parties sign the settlement agreement, it shall be final and
binding on the parties.

(v) 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.

(vi) The conciliation proceedings shall be terminated as per Section 76 of ‘The Arbitration
and Conciliation Act, 1996.

63.1 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 provision has been made in Clauses 7(j), 8, 18, 22(5),39.1, 39.2, 40A, 43(2), 45(i)(a), 55, 55-
A(5), 57, 57A,61(1), 61(2),62(1), 63(iv) and 63.2.11of the Standard General Conditions of Contract or in
any Clause (stated as excepted matter) 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 Dispute Adjudication Board (DAB) and Arbitration.

63.2 Dispute Adjudication Board (DAB): This clause is applicable in the tender having advertised
value more than Rs 50 Crore.
63.2.1 Any dispute/s if not settled with the Engineer, shall be referred to DAB.

The DAB shall consist of a panel of three Retired Railway Officers, retired not below senior
administrative grade (SAG). The DAB shall be formed within 90 days of signing of Contract
Agreement. For this purpose, a panel of DAB members shall be maintained in the General Manager’s
office. The complete panel, which shall not be less than five members, shall be sent by Chief Engineer to
the Contractor to nominate one member of the DAB from the panel as Contractor’s nominee within two
weeks of receipt of the panel. On receipt of Contractor’s nominee, the Chief Engineer shall nominate one
member from the same panel as Railway nominee for the DAB. Both above nominees shall jointly select
presiding member of the DAB from the same panel.

63.2.2 The appointment of DAB shall be effectuated by way of a tri-partite agreement among the
Railway, Contractor and the respective DAB members. The terms of the remuneration of each member
shall be as fixed by Ministry of Railways from time to time. Each party shall be responsible
for paying one-half of this remuneration.

63.2.3 If one or more of the members appointed refuses to act as DAB member, or is unable or
unwilling to perform his functions as DAB member for any reason whatsoever or dies or in the opinion
of the Chief Engineer fails to act without undue delay, the parties shall terminate the mandate of such
DAB member and thereupon new DAB member shall be appointed in the same manner, as the outgoing
DAB member had been appointed.

63.2.4 The appointment of any member may be terminated by mutual agreement of both Parties, but not
by the Railway or the Contractor acting alone. Unless otherwise agreed by both the Parties, the
appointment of the DAB (including each member) shall expire upon expiry of this Contract Agreement.
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63.2.5 Before start of DAB proceedings, each DAB member shall give the following certificate to the
Railway and the Contractor:

“I have no any past or present relationship in relation to the subject matter in dispute, whether
financial, business, professional or other kind. Further, I have no any past or present relationship
with or interest in any of the parties whether financial, business, professional or other kind, which is
likely to give rise to justifiable doubts as to my independence or impartiality.”

63.2.6 DAB proceedings shall be conducted as decided by the DAB. The DAB shall give its decision
within 90 days of a Dispute referred to it by any of the Parties, duly recording the reasons before arriving
at the decision. The DAB shall decide the issue within terms and conditions of the contract. This time
limit shall be extendable subject to the Parties mutual agreement.

63.2.7 The DAB decision shall not be binding on both the Parties. In case any party is not satisfied by
the decision of DAB, then the aggrieved party may approach Arbitral Tribunal for arbitration
proceedings.

63.2.8 No dispute shall be referred to Arbitral Tribunal unless the same has been referred to DAB for
adjudication. However, in case DAB is not formed due to any reason, the disputes can be directly
referred to Arbitral Tribunal to adjudicate the dispute.

63.2.9 In the specific cases of any misconduct by any of the members of the DAB, the parties shall have
the right to specifically bring it to the notice of the DAB such conduct, through a statement filed with
necessary documents in proof of such misconduct and the DAB, after taking NOTICE of such conduct
initiate the replacement of the member concerned, in the same manner the member to be replaced was
appointed.

63.2.10 Once the decision is given by DAB, DAB cannot review the decision at its own or on the request
of one party, unless both parties agree for review of decision by DAB.

63.2.11 In case DAB decision is not challenged by either party within 180 days of receipt of decision of
DAB, the decision shall be considered as final and parties would be barred for referring the same to
Arbitral Tribunal for adjudication.

63.2.12 The obligation of the Railway and the Contactor shall not be altered by reasons of issue being or
under reference to DAB.

63.2.13 The DAB shall conduct the proceedings at any convenient venue which shall be decided by
DAB in consultations with parties.

63.2.14 It is a term of this contract that the Parties shall not approach any Court of Law for settlement of
such disputes or differences unless an attempt has first been made by the parties to settle such disputes or
differences through DAB and Arbitral Tribunal.

64.(1) : Demand for Arbitration:

64.(1)(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
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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 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.

64.(1)(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 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.

64.(1)(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 waiver in writing, after dispute having arisen
between them, in the format given under Annexure XV of these conditions.

64.(1)(iii)(a): The Arbitration proceedings shall be assumed to have commenced from the day, a written
and valid demand for arbitration is received by the Railway.

64.(1)(iii)(b): The claimant shall submit his claims stating the facts supporting the claims along with all
the relevant documents and the relief or remedy sought against each claim within a period of 30 days
from the date of appointment of the Arbitral Tribunal.

64.(1)(iii)(c): The Railway shall submit its defence statement and counter claim(s), if any, within a
period of 60 days of receipt of copy of claims from Tribunal, unless otherwise extension has been
granted by Tribunal.

64.(1)(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 arose or the Headquarters of the concerned
Railway or any other place with the written consent of both the parties.
64.(1)(iv): No new claim shall be added during proceedings by either party. However, a party may
amend or supplement the original claim or defense thereof during the course of arbitration proceedings
subject to acceptance by Tribunal having due regard to the delay in making it.
64.(1)(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 Railways that the final bill is ready for payment,
he/they will be deemed to have waived his/their claim(s) and the Railway shall be discharged and
released of all liabilities under the contract in respect of these claims.

64.(2): 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 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.
64.(3) : Appointment of Arbitrator:
64.(3)(a) : Appointment of Arbitrator where applicability of section 12 (5) of Arbitration and
Conciliation Act has been waived off:

64.(3)(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 Railway not below Junior Administrative Grade, nominated by the General
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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.

64.(3)(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 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.

64.3.(a).iii: The serving railway officer working in arbitral tribunal in the ongoing arbitration cases as
per clause 64.(3)(a)(i) and clause 64.(3)(a)(ii) above, can continue as arbitrator in the tribunal even after
his retirement.
64.(3)(b): Appointment of Arbitrator where applicability of Section 12 (5) of Arbitration and
Conciliation Act has not been waived off:

(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 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 within 30 days from the receipt of the names of Contractor’s
nominees.

(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 2 names out of the panel for appointment
as Contractor’s 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
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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.

64.(3)(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 General Manager
fails to act without undue delay, the General Manager 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).

64.(3) (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 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.

(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 ‘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.

64.3(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 74.(3)(a)(i), 74.(3)(a)(ii), 74.(3)(b)(i) & 74.(3)(b)(ii)
above, due care shall be taken that he/they is/are not the one/those who had an opportunity to deal with
the matters to which the contract relates or who in 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.

64.(3)(d)(i): The arbitral award shall state item wise, the sum and reasons upon which it is based. The
analysis and reasons shall be detailed enough so that the award could be inferred therefrom.

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64.(3)(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 in the award of a Tribunal and interpretation
of a specific point of award to Tribunal within 60 days of receipt of the award.

64.(3)(d)(iii): A party may apply to Tribunal within 60 days of receipt of award to make an additional
award as to claims presented in the arbitral proceedings but omitted from the arbitral award.
64.(4): In case of the Tribunal, comprising of three members, any ruling on award shall be made by a
majority of members of Tribunal. In the absence of such a majority, the views of the Presiding Arbitrator
shall prevail.
64.(5): Where the arbitral award is for the payment of money, no interest shall be payable on whole or
any part of the money for any period till the date on which the award is made.
64. (6): 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 conditions after/ while referring these disputes to 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.

64.(7) Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996 and the rules
thereunder and relevant para of the Standard General Conditions of Contract and any statutory
modifications thereof shall apply to the appointment of arbitrators and arbitration proceedings under this
Clause.

64.(8) In case arbitration award is challenged by a party in the Court of Law, 75% of award amount,
pending adjudication by Court of Law, shall be made by party to other party. In case payment is to be
made by Railway to Contractor, the terms & conditions as incorporated in the Ministry of Railways
letter No. 2016/CE(I)/CT/ARB/3(NITI Aayog)/Pt. dated 08th Mar,2017 as amended from time to time,
shall be followed. In case Contractor has to pay to the Railway, then 75% of the award
amount shall be deducted by the Railway from the Contractor’s bills, Performance Guarantee/ Security
Deposit or any other dues of Contractor with the Government of India.

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Special conditions and specifications of Tenders

(A). Special Condition for Painting Work

1. Painting shall be done after thorough cleaning of steel surface by removing oil, grease, dirt, mill scale
and other contaminated materials by mechanical process, as directed by site Engineer
2. The surface prepared for painting should be clean, dry and free from contaminants. It should be rough
enough to ensure adhesion of the paint film. However, it should not be so rough that the film cannot
cover the surface peaks.
3. Surface preparation /Painting shall not be done in the following condition-
(i) When the ambient temperature is below 10 degree C or above 50 degree C.
(ii) In rainy season
(iii) During night
(iv) In winter before 8.00AM
(v) In summer bet.11.00AM & 03.00PM, in areas that are likely to be exposed to direct sun light.
(vi) Extremely sandy/ misty/ dirt blowing condition.
(vii) When relative humidity is more than 90%.
4. Measurement of DFT (dry film thickness) shall be taken after surface preparation and after each coat of
painting with Elcometer.
5. Precautions to be taken during Bridge painting:
a) Paints from approved manufacturers only should be used.
b) Special care should be taken to shift sleepers on girders or rail bearers to clean the seating very
thoroughly before applying the paint.
c) Paint should be mixed in small quantities sufficient to be consumed preferably within 1 hour.
d) Paints should be used within the prescribed shelf life from the date of manufacture. The quantity of
paint procured should be such that it is fully utilised before the period prescribed for its use.
e) Brush shall not be less than 5cm in width and should have good flexible bristles. A new brush before
use should be soaked in raw linseed oil for at least 24 hours. The brushes shall be cleaned in linseed
oil at the end of each day's work.
f) Dust settled after scraping shall be cleaned before applying paint.
g) When the paint is applied by brush, the brush shall be held at 45 degree to the surface and paint
applied with several light vertical / lateral strokes turning the brush frequently and transferring the
paint and covering the whole surface. After this, the brush shall be used crosswise for complete
coverage and finally finished with vertical / lateral strokes to achieve uniform and even surface. The
flat brushes should not be more than 75mm in width having soft flexible bristles and conforming to
IS:384. Round and oval brushes of approved quality is IS:487 also be used as per the instructions of
the Engineer or his representative. The new brush should be soaked in raw linseed oil to IS:77 for at
least 24 hours before use.
h) Rags, waste cotton, cloth or similar articles should not be used for applying paint.
i) The coat of paint applied shall be such that the prescribed dry film thickness is achieved by actual trial
for the particular brand of paint. The applied coat of paint shall be uniform and free from brush
marks, sags, blemishes, scattering, crawling, uneven thickness, holes, lap marks, lifting, peeling,
staining, cracking, checking, scaling and allegatoring.
j) Each coat of paint shall be left to dry till it sufficiently hardens before the subsequent coat is applied.
k) The entire contents of a paint drum should be mixed thoroughly either by pouring a number of times
or by mechanical mixing to get uniform consistency. The paint should not be allowed to settle down
during painting by frequent stirring or mixing. Driers such as spirit or turpentine should not be used.
Mixing of kerosene oil is strictly prohibited.
l) The maximum time lag between successive operations as indicated below shall not be exceeded.
i) Between surface preparation and the application of primer coat -24 hours
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ii) Between surface preparation and first finishing coat in the case of patch painting - 48 hours
iii) Between the primer coat and the Ist finishing coat - 7 days
iv) Between the 1st finishing coat and the 2nd finishing coat - 7 days.
6. Minimum one batch of paint to be get tested by Contractor at his own cost by RITES/government
approved test houses/NABL accredited test houses as per instructions of site engineer. Test certificate of
of paint along with proof of purchase of paint i. e. invoice to be submitted to site engineer. However, in
case of doubts, site incharge may send the paint for testing for any number of batches and the cost shall
be borne by the contractor.
7. In case of item No. 041261/041271 of USSOR 2021, painting with one coat ready mix Zinc Chromate
conforming to IS: 104 should be done with 25-30 µ minimum dry film thickness (DFT). This should be
followed by one coat of Zinc Chromate red oxide conforming to IS: 2074 with 25 µ minimum dry film
thickness (DFT).

8. In case of item No. 041262/041272 of USSOR 2021, two coat finishing painting should be done with
ready mix paint confirming to IS: 13607 with 20-25 µ minimum dry film thickness (DFT) in each coat
(total 40 µ minimum dry film thickness). The colour/shade should be of Smoke Grey No. ISC 692 as
mentioned in IS: 5-2004.

9. In case of item No. 041263/041273 of USSOR 2021, painting should be done with two coats Aluminium
paints in dual containers confirming to IS: 2339, with 15-20 µ minimum dry film thicknesses (DFT) in
each coat (total 30 µ minimum dry film thickness).

10. At each stage, dry paint film thickness shall be measured with digital elcometer , elcometer to be
supplied by contractor at his own cost. Elcometer should be in working condition with valid calibration
certificate for measuring thickness of paint coating.

11. Before use all the materials are to be passed by the Engineer-in-charge or his representative.

12. The rates quoted shall be inclusive of all the materials i.e. paints, equipment, loading, unloading
charges, all taxes and freight etc. applicable at the site of work.
13. All relevant IS codes etc. shall be available at work site.

(B). Special condition & specification for fabrication & erection of steel structure

1. Books of reference:-
I. IR Specification for fabrication of steel girder bridges & locomotive turn tables –(Fabrication
specification)- Serial No. BI-2001 issued by RDSO with all up to date correction slips.
II. IS-800-2007
III. All IS & IRS specifications mentioned in RDSO Booklet serial No. B 1-2001
IV. GCC-2022 of East Central Railway with all up to date correction slips.
V. Where any specification is in conflict with other standard the clauses of Fabrication & specification
mentioned against Sl. No. (I) above shall prevail.
2. INCLUSIVE PRICE:-
I. The cost of all painting , temporary erection and testing at the Tenderer’s workshop, packing and
delivery at the site of the work is specified in the schedule, is to be included in the price quoted on
the tender.
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II. Any fittings, accessories or apparatus which may not have been mentioned in the specification, but
which are considered necessary for the execution of this work are to be provided by the contractor
without any extra payment. The work must be completed in all details.

3. MATERIAL/FABRICATION/WORKMANSHIP/ERECTION:-
3.1 Fabrication/workmanship and erection shall comply with RDSO fabrication specification booklet Sl. No.
IRS B1-2001 with all up to date correction slips.
3.2 Materials specification- steel should confirm to IS:2062 (Gr. B0/BR)
3.3 I. Manufacturing- The whole work shall be representative of the highest class of workmanship. The
greatest accuracy shall be observed in the design, manufacture and erection of every part of the work
to ensure that all parts will fit accurately together on erection and similar parts shall be strictly
interchangeable.
II. The contractor shall maintain steel tape of approved make, for which he has to obtain a certificate
of accuracy from any National Test House or government recognized institution, competent to do
so.
III. Rolled materials before being laid of or worked, must be made straight. If straightening or flattening
is necessary it shall be done by method that will not damage the material. Sharps kinks and bents
will be rejected.
IV. Tolerance- The tolerance in fabrication shall be in accordance with as mentioned in – Appendix –II of
RDSO Booklet B-I-2001 with up to date correction slips.
V. Fabrication record:- the records of fabrication shall be maintained in the register as per format given
in Appendix –I of RDSO Booklet B-I-2001 with upto date correction slips.
VI. Flattening and straightening: - All steel materials, plates, Bars and structures shall have straight
edge, surfaces and be free from twist. If necessary, they shall be cold straightened or flattened by
pressure before being worked or assembled unless they are required to be off curvilinear form.
VII. Flattening and straightening under hot condition shall not be carried out unless authorized and
approved by inspecting officer
VIII. The tenderer will fabricate the steel work at the site of the work or in his own workshop after
obtaining permission of aen/xen/brl in charge of the work. However, If the fabrication is done in his
own workshop, the transportation of the fabricated materials may be done by road or rail transport at
his own cost, including all taxes viz. GST, Entry tax etc. If applicable. The tenderer must inspect the
approach road right from the workshop and should be insured that it would be possible for him to
transport the materials by road.
IX. If the tenderer proposes to fabricate the steel at site, the transport of steel section may be done
by one of the method mentioned above.
X. The responsibility of custody of the material in tenderers workshop or at site will remain with
tenderer till the completion of the work and then handed over to the Railway.
4. TEMPLATES

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The templates throughout the work shall be of steel. The templates shall be used for making of cutting
materials and as well as profile machining for the girders of Railway loading. Templates shall be used
for making of drilling holes in steel structures other than girders of railway loading. In case where
actual material from a bridge have been used as templates shall be used for making of drilling similar
pieces the inspecting officer will decide whether they are fit to be used as part of the finish structure.
5. METHODS OF MEASUREMENT FOR FABRICATION OF STRUCTURAL STEEL WORK AND ERECTION.
5.1 Any steel work the weight of which differs by more than 2.5% from the calculated weight
determined from the normal weight of the section shall be liable of rejection.
5.1.1. Payment shall be made on the tendered weight to be calculated in accordance with the nominal
weight of the section as specified in final working drawing or based on theoretical weights given in
producers hand books and using minimum overall dimension, no deductions being made for skew
cuts, holes or notches. Each gusset shall be on the dimensions of smallest inclosing rectangle.
5.2 Should the actual weight fall short of the calculated weight by more than 2.5%, the materials if
accepted will be paid for the actual weight only. Should the actual weight exceed the actual
calculated weight payment will be made for calculated weight based on theoretical weights only.
5.3. No separate payment shall be made for the rivets/HSFG bolts, other bolts, welds, nuts, wedges,
etc., and service accessories etc. required to complete erection at site along with supply of steel
with allowance for waste etc, if payment is being done through NS item for the same. However, for
SOR item, SOR specifications shall follow.
5.4. In the event of a dispute arising as to the weight of a portion of steel work a weighment shall be
made in the presence of the inspecting officer.
6. RIVETS AND RIVETTING
Refer if fabrication specifications sl No. IRS-B1-2001 issued by RDSO Cl. 23.1 to Cl 23.10 and Appendix –
IV with upto date correction slips.
7. BOLTS, NUTS AND WASHERS
Refer if fabrication specifications Sl. No. IRS-B1-2001 issued by RDSO –Cl 28.1 to Cl 28.8 with upto
date correction slips.
8. WELDING.
Refer if fabrication specifications Sl. No. IRS-B1-2001 issued by RDSO –Cl26.1 to Cl 27.3 and Appendix -
V with upto date correction slips.
9. ALTERATION IN THE WORK.
Refer if fabrication specifications Sl. No. IRS-B1-2001 issued by RDSO –Cl 53.1 to Cl 53.2 and Appendix -
IV with upto date correction slips.
10. ERECTION & EQUIPMENT:-
Refer if fabrication specifications Sl. No. IRS-B1-2001 issued by RDSO –Cl 21.1 to Cl 21.9 and Appendix -I
with upto date correction slips.
11. HANDLING AND STORAGE OF MATERIAL:-
(a) The material on receipt on site shall be carefully unloaded, examined for defects, checked, sorted
and stacked securely on a level bed out of danger from flood or tied, and out of contract with water
or ground moistures.
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(b) Any material found damaged or defective shall be stacked separately and the damaged defective
portion painted distinctive colour. Such material is to be dealt with under the orders of engineer
without delay.
(c) Care must be taken to see that parts at site are available in proper sections.
(d) The tenderer shall unload the materials promptly, on delivery from the wagon /BFR’s otherwise he
shall be responsible for demurrage charges.
12. BEARING & ANCHORAGE:
(i) Bed plates and shoes shall be set level in exact position. They shall be given full and even
bearing by setting them on a layer of cement mortar (Cement to be paid by the railway as per
provision and instructions to tenderers) after blocking them accurately as directed by the Engineer.
(ii) The tenderer shall drill the holes and set the anchor bolts except where the bolts are already
built into the concrete or masonry.
(iii) Before grouting, the holes should be cleaned very carefully as such there should not be any
deposit of and or rubbish etc. No extra payment will be made for that.
13. TESTING:-
Refer if fabrication specifications Sl. No. IRS-B1-2001 issued by RDSO –Cl 35.1 to Cl 35.3 and Appendix -
IV with upto date correction slips.
14. CHECK on TESTs MADE AT CONTRACTOR’s work:-
Refer fabrication specifications Sl. No. IRS-B1-2001 issued by RDSO –Cl 36.1 to Cl 36.2 and Appendix -IV
with upto date correction slips.
15. REMOVAL OF UNUSED MATERIAL ETC:-
(a). The contractor shall take steps as desired by the Inspecting officer to ensure that rejected work is
not resubmitted for inspection.
(b). On the completion of the work, the tenderer shall remove all his unused and surplus material,
paints and staging or other materials produced from his operation and shall leave the site in a clean
and tidy condition.
16. COMMENCEMENT OF THE ERECTION WORK AT SITE:-
The contractor shall commence the erection work when and as soon as, but not until he receives
instructions from XEN / AEN In charge to do so. On such order being given possession of site / authority
shall be given to the contractor of such portion or portions of the site as the XEN / AEN may determine.
17. CONTRACTOR TO STUDY DRAWING & SPECIFICATION ETC AND HIS LIABILITY:
The tenderer shall be responsible for close scrutiny of the drawing supplied/approved by the Railway
for any discrepancies error or omission in the drawings of other particulars indicated therein and shall
approach the railway immediately for rectification of such discrepancies, errors and omission in any
dimensions / figure upon drawings or plan differ from those obtained by calling the drawing or plan,
the dimensions as figured upon the drawings of plan shall be taken as correct.
18. ANY DOUBTED POINTS TO BE REFERRED TO THE DY.CE / BRIDGE LINE:-
Should there be any doubt or obscurity as to anything to be done or not to be done by the contractor,
or as to these instructions or as to any matter or thing, the contractor must set forth such doubt or
obscurity in writing and submit the same to Dy CE/Bridge Line. Only such reply as the said Dy.CE/Bridge
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Line (either on his own or in consultation with Chief Bridge Engineer) may be in writing given shall be
taken an the authoritative interpretation of the point in doubt or obscurity. Neither the Engineer nor
any servant in the employ of the railway have or has any authority to make any representative of
explanations to the contractor as to the meaning of form of contract, general Condition and
specification, schedule of quantities and rates, drawing or other documents or any of the condition of
the work or site of an to the works, or as to these instructions or as to any other matter or things.
19. LAND
The Railway administration will at its discretion arrange free of cost land to the extent sparable for
contractor's office at sites, field workshop, stores, assembly and erection yard. Land required by the
contractor for labour or staff colony or other purpose will have to be arranged by him at his own cost.
The contractor shall not use or allow to be used, the site for any purpose other than that of executing
the work. Due to any activities of the contractor, any form of damage (including environmental
damage) happens to railway land, the same shall be made good by the contractor at its own cost.
20. TRANSPORTATION AND HANDLING OF MATERIAL & PLANT
The contractor shall be responsible to arrange at his own cost wagons (if required of transportation of
materials and stores (other than those which are being arranged by the railway) required for the works.
The railway will however, render all possible assistance to him in getting allotment of wagons, but the
Railway will undertake no responsibility for delay in at supply. The contractor shall be responsible for
all handling and timely loading and unloading as per railway commercial rule for public.
21. ISSUE OF MATERIALS BY RAILWAY
If at any time any material or equipment which the contractor is required to arrange himself in supplied
by the Railway either at the contractor's request or in order to prevent any possible delay in the
execution of the works due to contractor's inability to make adequate arrangement for the supply,
such material or equipment will be made available to or taken back from the contractor in the
Railway's stores, Godown, All handling from here or there to will be the contractor's responsibility
Recovery of the cost of such supply will be made from the contractors bills at the present markets rate
prevailing at the time or issue plus 5% on account of freight and 2% on account of incidental charge.
Any demurrage of other charge due on account of detention to wagon in loading or unloading will also
be recovered from the contractor.
22. LOADING
Refer Clause 44.1 to 44.3 of IR fabrication specification Serial BI-2001 issued by RDSO with up to date
correction slip.
23. METALLISING WITH SPRAYIED ALUMINIUM (IF REQUIRED AS PER TENDER SCHEDULE).
1. Surface preparation.
2. Metal spraying.
3. Purity of Aluminum
4. Appearance of the Coating
5 Thickness of the Coating
6. Painting

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NOTE: For above items refer IR specification for fabrication Serial No.IRS-BI-2001 issued by RDSO
appendix-VII with up to date correction slip.
24. FURTIER DRAWING AND INSTRUCTIONS
1. Chief Bridge Engineer shall have full power to make and issue further drawings or instructions or
direction from time to time as may appear necessary and proper to the contractor for efficient
completion and maintenance of the work. The Contractor shall be bound by the same as fully as if
they had been mentioned or referred to in the contract and the contractor shall not be entitled to
any extra payment in respect of any work or materials shown or directed.
2. The Tenderer's rate should provide for cutting M.S plates for making out M.S. flat from plates, in case
M.S. Flats are not available. No extra payment for such cutting and grinding that may be necessary
for converting M/.S. Plates to Flats will be admissible.
3. If the works are required to be done in by Rly. Yard and Rly. Tracks are to be crossed, the tenderer
shall inspect the site and make himself thoroughly acquainted with site condition and quote proper
rate including provision for making suitable facilities at site for the work.
4. The work shall have to be done in such a manner that the normal working of the Railway within the
railway yard does not get disturbed. Proper protection is to be ensured by the contractor for allowing
their laboures to cross the Railway lines with head-leads. No material/temporary structures should be
kept adjacent to the running track within 3M from the centerline of track, which may infringe rail
traffic. The contractor shall take necessary precaution to prevent/ cause damage to the Railway
property & staff addition to provision of the standard conditions and Specification on safety
requirement detailed in Tender Document elsewhere.
25. Execution and Quality Control of welding work-
All workshop fabrication shall be done using SAW (Submerged Arc Welding process).
26. Jig and fixtures:-
To ascertain accuracy in cutting and drilling holes on the existing girder -part or for the splice members
being fabricated for the use in the existing structure, and also for erection purposes extensive use of
jigs and fixtures should be used. Contractor will prepare design and drawing of jigs and fixtures for each
such items at his own cost and submit to the Rly. for approval. Fabrication and erection will be carried
out with the help of jigs & fixtures only. Contractor will fabricate jigs and fixtures and will be paid under
the enabling work.

(c). Special conditions for Bridgework

1. Scope of work:- As detailed in name of work which is to be operated by relevant items of schedule.
This might include dismantling of corroded structural members and erection of new members with
supply of steel and returning the released steel materials to nominated Depot fabrication, erection,
replacement of corroded rivets, painting of new members and returning the released steel materials to
nominated depot.
2. Supply of steel: All steel materials required for strengthening/repairing of structural members shall be
supplied by the contractor. The structural steel used shall be of make, TATA/SAIL/

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TISCO/JINDAL/Railway approved brand and shall produce the relevant Test certificate from recognised
Test house along with the bills. All steel shall conform to IS-2062 Gr A/Gr. B.
3. Painting : a) Painting shall be done after thorough cleaning of steel surface by removing oil, grease,
dirt, mill scale and other contaminated materials manually or by mechanical process as directed by site
Engineer. Priming coat shall be done by one coat of IS-104 zinc chrome paint followed by another coat
of zinc chromate red oxide confirming to IS-2074. Thereafter, two finishing coats of aluminium paint
confirming to IS-2339 shall be applied. There should be a gap of 48 hours in between each coat of paint
for drying.
b) All paints to be used for painting of steel members shall be procured from the brand from the
renowed brands as per approval by the aen/xen/brl looking after the works.
4. Defects: Any fabricated materials found defective and unacceptable in the opinion of the Site Engineer
shall be fully replaced by the contractor with its own labour and materials.
5. Inspection: Contractor shall allow the railway representative to inspect the work at all reasonable time
and offer all facilities to conduct such inspection at any stage of work. Contractor shall arrange to
supply necessary gadgets, template and other tools for checking the fabricated and other materials.
Following testing equipment shall be kept at site :
i) Elcometer.
ii) Inside and outside calliper.
iii) Rivet testing hammer.
6. Disposal of dismantled materials: The released steel materials shall be transported to store of
nominated Inspector at contractor’s cost. The released materials shall be kept under the safe custody
of contractor in the yard by deputing contractor’s watchman till such time the released materials are
deposited to store of nominated Inspector. The contractor shall be penalised for shortfall of any
released materials by an amount calculated at double the Railway’s last auction rate of similar released
steel materials and will be recovered from Contractor’s bill.
7. Rates: Contractor shall quote rates taking the difficulties, detentions etc. into account which he feels
may be encountered in course of execution of the work and nothing extra will be paid on this account.
8. Specifications: Specifications will be as per IS Code referred below :-

I IS-2062 Gr.A/Gr.B Structural steel.

II IS-1148-1982 Hot rolled rivets bar (upto 40mm diameter)
III IS-102-1962 Red lead primer.
IV IS-21339-1963 Paint Aluminium of general purpose.
V IS-123-1992 Paint red oxide for general purpose.
VI IS-1929-1982 Read with IS-10102 taking the supply conditions of rivets.

N.B: Latest revision of the IS code will be in forms if any revision take place. All the batch of rivets
must be tested from National Test House or Government approved Test house or RITES or NABL appd
labs to use as per specification. A copy of above codes shall be available at site office of contractor.
9. Site Inspection Certificate: Tenderers are requested to inspect the site before quoting rate to assess
the type of works to be executed and must submit a certificate in this regard.

10. Drawing :- Contractor shall submit drawings for fabrication of the work for replacement/
strengthening of the corroded girder components/ members and shall submit scheme for replacement

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of corroded members and work shall be under taken as per the approved drawing No. separate
payment shall be made for this.

11.Time schedule:- On acceptance of the tender, the contractor shall within 15 days submit his time
schedule for different activities for completion of work within the stipulated period. The work is
required to be executed during day and even in night, if necessary to facilitate completion of the work
within time schedule. If work is carried out at night, contractor shall take prior approval of the Engineer
in writing and all lighting arrangement is to be borne by the contractor.
12.Progress Report : The contractor shall also submit fortnightly progress report bringing out the progress
vis-à-vis the time schedule submitted by him for the work.
(D).SPECIAL CONDITIONS AND SPECIFICATIONS OF TENDERS
1. Disaster Management:-
“Vehicles and equipment of contractors can be drafted by Railway Administration in case of
accidents/ natural calamities involving human lives”.

2. CONDITIONS FOR WORKS.

i. The contractor shall not start any work without the presence of railway supervisor or his representative
and contractors supervisor at site.
ii. The Engineer In-charge shall approve the methodology proposed to be adopted by the contractor, with
a view to ensure safety of trains, passengers and workers and he shall also ensure that the methods and
arrangements are actually available at site before start of the work and the contractor’s supervisors and
the workers have clearly understood the safety aspects and requirements to be adopted / followed while
executing the work.
iii. There shall be an assurance register kept at each site, which will have to be signed by both, i.e.
Railway supervisor or his representative as well as the contractor’s supervisor as a token of their having
understood the safety precautions to be observed at site.
3. DECLARATION:
Regarding tender documents downloaded from website. The tenderer, hereby, declares that the tender
documents (being submitted after downloading the same from website) are exactly the same which has
been published by Railway. No addition/ alteration/deletion has been done in the tender document by the
tenderer, else the tender will be summarily rejected. If it is detected having modified at any stage, the
same will be treated as invalid, i.e. terms & conditions as provided in the original tender documents will
prevail and will be binding on both side.
4. Employment of Graduate Engineers/ Diploma Holders by Contractor (As per para 26A of
IRSGCC-2022; part-II):
i). Employment under Civil Engineering Works Contractor:- In addition to technical staff, which the
contractor may already be having, Railway Contractors will be required to employ immediately on
commencement of work, un-employed Civil Engineering Graduates/ Diploma holders under them at the
rate specified below and the duration for such an employment will be as under:-
SI.N. Contract Value No. of Monthly Salary Duration
Engg./Diploma
Holders and Degree
holders.
1. For works of value Diploma holders:- Engg. Diploma Holder During Currency
more than 25 lakhs 1(One) not less than of Contract
but less than Rs.200 Rs.25,000/-
lakhs

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2. Work of Value Graduate holders:- Engg. Graduate Holder During Currency
Rs.200 lakhs and 1(One) not less than of Contract
above Rs.40,000/-
Contractors have to give declaration along with his tender to the effect that Graduate Engineers/
Diploma Engineers employed by him under the particular work for which tender is submitted are in
accordance with the rates and duration as specified above and none of them is related to him
(contractor’s failing which the tender may be disqualified). In case of wrong information having been
given by the Contractors which comes to light subsequently, the Contract may be rescinded and action
taken in accordance with Clause 62 of the General Conditions of Contract-2022.
ii) Technical staff should be available at the site wherever required by the Engineer-in-charge to take
instructions. In case, the contractor fails to employ the technical staff as aforesaid, he shall be to pay
reasonable amount not exceeding a sum of Rs.40,000/- (Rupees Forty thousand only) for each month of
default, in case of Graduate Engineer, Rs.25,000/- (Rupees Twenty five thousand only) for each month
of default in case of Diploma Holder to be deducted from his ongoing A/c bills. 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 to the reasonableness of the amount to be deducted on this account shall be final and
binding to the contractor.
{Authority : Railway Board’s letter no. 2012/CE-I/CT/O/20, Dated 10.05.2013)

4.1 Dy.CE/Track/HJP letter No.W-4/514/0/Safety Policy/Pt.I/156 dt.12.02.2016 – The instructions

given in the PCE’s Circular No.16/2010/Track dt. 18.03.2010 before and during execution of work in the
vicinity of the railway track should be rigidly followed.
4.2 Actions to be taken by the contracted agency to ensure safety at work site should be incorporated in the
agreement and assurance of the contractor should be taken in writing after explaining such action.

4.3. ANY DOUBTED POINTS TO BE REFERRED TO THE DY.CE / BRIDGE LINE: - Should
there be any doubt or obscurity as to anything to be done or not to be done by the contractor, or as
to these instructions or as to any matter or thing, the contractor must set forth such doubt or
obscurity in writing and submit the same to Dy.CE/Bridge Line. Only such reply as the said
Dy.CE/Bridge Line (either on his own or in consultation with Chief Bridge Engineer) may be in
writing given shall be taken an the authoritative interpretation of the point in doubt or obscurity.
Neither the Engineer nor any servant in the employee of the railway have or has any authority to
make any representative of explanations to the contractor as to the meaning of form of contract,
general Condition and specification, schedule of quantities and rates, drawing or other documents
or any of the condition of the work, or as to these instructions or as to any other matter or things.

End of Tender Document

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