Ajmer Workshop - Dy CEE Ajmer-Rewiring-2
Ajmer Workshop - Dy CEE Ajmer-Rewiring-2
Ajmer Workshop - Dy CEE Ajmer-Rewiring-2
(ELECTRICAL DEPARTMENT)
OFFICE OF THE
Dy. Chief Electrical Engineer (W)/AII
North Western Railway - Ajmer
Address
Dy. Chief Electrical Engineer (W) Office, Carriage Workshop
North Western Railway,
Ajmer
Pin Code - 305001
Signature Not
Verified
Digitally signed by
ASHOK KUMAR
Date: 2024.04.02
16:22:16 IST
Reason: IREPS-CRIS
Location: New Delhi
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Tender No. EL-50-01-2024-25
E-TENDER DOCUMENT
TOP SHEET- II
Name of work: Rewiring of Service Building on age cum condition basis and
improvement of lighting arrangement at Ajmer group of workshop.
Name of work: Rewiring of Service Building on age cum condition basis and
improvement of lighting arrangement at Ajmer group of workshop.
INDEX
S. Description Page
No. From To
(A) Form for TECHNICAL & COMMERCIAL OFFER
1 Section I- Tender form – First sheet (Forwarding letter from the tenderer while 1 4
submitting the e-tender)
(1)………………… Date………..
(i) A scanned copy of the Bank Guarantee shall be uploaded on e-Procurement Portal (IREPS)
while applying to the tender.
(ii) The original Bank Guarantee should be delivered in person to the official nominated as
indicated in the tender document within 5 working days before closing date of deadline of
submission of bids. ( To be submitted in the office of Dy.CEE/W/Ajmer)
(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.
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Tender No. EL-50-01-2024-25
(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.
Note - Para 5(i) (a) of Part 1 (ITT) of GCC - Any firm recognized by Department of Industrial Policy and
Promotion (DIPP) as ‘Startups’ shall be exempted from payment of Bid Security and Labour
Cooperative Societies shall submit only 50% of above Bid Security detailed above on submission of
Registration Certificate issued by appropriate authority .
(b) The Tenderer(s) shall keep the offer open for a minimum period of 60 days (in case of two packet
system of tendering 90days) 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 Dy.CEE (W)/AII, North
Western Railway, Ajmer, 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.
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.
6.2 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 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
above 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 is qualifying the Qualifying
Criteria mentioned in the Tender Document.(Mandatory).
7. Rights 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.
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.
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Tender No. EL-50-01-2024-25
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 prequalification 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. 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 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.
Note: 1. All above required documents have to attached along with the tender document to consider as a
eligible offer.(All documents should be clear and visible)
2. The submitted/uploaded Electrical License must be valid on the date of tender opening to
consider as eligible offer.
Similar nature of work for this tender means – “APPLICABLE IN THIS TENDER”
Definition of Similar nature of Work – “Any electrical work related to HT/LT installations”
(Authority HQ/JP letter no. EL/50/0/SNW/Vol.I dt. 08.01.16)
(b) (1) In case of tender 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 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:
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Tender No. EL-50-01-2024-25
(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(i) Separate completed works of minimum required values shall also be considered for
fulfillment of technical eligibility criteria for different components.
(ii) 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.
(iii) To evaluate the technical eligibility of tenderer, only components of work as stipulated in
tender documents for evaluation of technical eligibility, shall be considered.
The scope of work covered in other remaining components shall be either executed by tenderer
himself if he has work experience as mentioned in clause 7 of the Standard General Conditions of
Contract or through subcontractor fulfilling the requirements as per clause 7 of the Standard General
Conditions of Contract or jointly i.e., partly himself and remaining through subcontractor, with prior
approval of Chief Engineer in writing.
However, if required in tender documents by way of Special Conditions, a formal agreement duly
notarized, 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 fulfillment of
technical eligibility. Such subcontractor must fulfill technical eligibility criteria as follows:
The subcontractor shall have successfully completed at least one work similar to work proposed for
subcontract, costing not less than 35% value of work to be subletted, in last 5 years, ending last day of
month previous to the one in which tender is invited through a works contract.
Note: for subletting of work costing up to Rs 50lakh, 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.
10.3 Bid Capacity: The tender/technical bid will be evaluated based on bid capacity formula
detailed as Annexure-B.
10.4 No Technical and Financial credentials are required for tenders having advertised value
up to Rs. 50 lakh.
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 :
6. If a bidder has successfully completed a work as subcontractor and the work experience
certificate has been issued for such work to sub contractor by Govt. Organization or public
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Tender No. EL-50-01-2024-25
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 fulfillment of credentials.
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 “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.
(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.
(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 / Partnership firm etc. 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.
(vii) In addition to above certain more documents are to be submitted by tenderers as per
status of their firms. These documents are listed below –
a) Firm details as per ‘Annexure-I’ (Mandatory)
b) Annexure V A -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.
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Tender No. EL-50-01-2024-25
15. The tenderer whether sole proprietor, a company or a partnership firm / joint venture (JV) /
registered society / registered trust/HUF/LLP etc. if they want to act through agent or individual
partner(s), should submit along with the tender, a copy of power of attorney duly stamped and
authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be
partner(s) of the firm or any other person specifically authorizing him/them to sign the tender, submit the
tender, and further to deal with the Tender/ Contract up to the stage of signing the agreement except in
case where such specific person is authorized for above purposes through a provision made in the
partnership deed / Memorandum of Understanding / Article of Association /Board resolution, failing
which tender shall be summarily rejected.
A separate power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in
favour of the specific person whether he/they be partner(s) of the firm or any other person, shall be
submitted after award of work, specifically authorizing him/them to deal with all other contractual
activities subsequent to signing of agreement, if required.
Note : A Power of Attorney executed and issued overseas, the document will also have to be legalized
by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is being issued.
However, the Power of Attorney provided by Bidders from countries that have signed the Hague
Legislation Convention 1961 are not required to be legalized by the Indian Embassy if it carries a
conforming Appostille certificate.
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
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Tender No. EL-50-01-2024-25
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 Standard General Condition of contract.
JOINT VENTURE (JV) IN WORKS TENDERS
17. Participation of Joint Venture (JV) in Works Tender: This para shall be applicable for works
tenders wherein tender documents provide for the same.
17.1 Separate identity/name shall be given to the Joint Venture.
17.2 Number of members in a JV shall not be more than three, if the work involves only one department
(say Civil or S&T or Electrical or Mechanical) and shall not be more than five, if the work involves more
than one Department. One of the members of the JV shall be its Lead Member who shall have a
majority (at least 51%) share of interest in the JV. The other members shall have a share of not less
than 20% each in case of JV with upto three members and not less than 10% each in case of JV with
more than three members. In case of JV with foreign member(s), the Lead Member has to be an Indian
firm/company with a minimum share of 51%.
17.3 A member of JV shall not be permitted to participate either in individual capacity or as a member of
another JV in the same tender.
17.4 The tender form shall be purchased and submitted only in the name of the JV and not in the name
of any constituent member. The tender form can however be submitted by JV or any of its constituent
member or any person authorized by JV through Power of Attorney to submit tender.
17.5 Bid Security shall be submitted by JV or authorized person of JV either as :
(i) Cash through e-payment gateway or as mentioned in tender document, or
(ii) Bank Guarantee bond either in the name of JV, or in the name of all members of JV as per
MOU irrespective of their share in the JV if the JV has not been constituted legally till the date of
submission of tender.
17.6 A copy of Memorandum of Understanding (MoU) duly executed by the JV members on a stamp
paper, shall be submitted by the JV along with the tender. The complete details of the members of the
JV, their share and responsibility in the JV etc. particularly with reference to financial, technical and
other obligations shall be furnished in the MoU.
17.7 Once the tender is submitted, the MoU shall not normally be modified / altered / terminated during
the validity of the tender. In case the tenderer fails to observe/comply with this stipulation, the full Bid
Security shall be liable to be forfeited.
17.8 Approval for change of constitution of JV shall be at the sole discretion of the Railway.
The constitution of the JV shall not normally be allowed to be modified after submission of the tender
bid by the JV, except when modification becomes inevitable due to succession laws etc., provided
further that there is no change in qualification of minimum eligibility criteria by JV after change of
composition. However, the Lead Member shall continue to be the Lead Member of the JV. Failure to
observe this requirement would render the offer invalid.
17.9 Similarly, after the contract is awarded, the constitution of JV shall not normally be allowed to be
altered during the currency of contract except when modification become inevitable due to succession
laws etc. and minimum eligibility criteria should not get vitiated. Failure to observe this stipulation shall
be deemed to be breach of contract with all consequential penal action as per contract conditions.
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Tender No. EL-50-01-2024-25
17.10 On award of contract to a JV, a single Performance Guarantee shall be submitted by the JV as
per tender conditions. All the Guarantees like Performance Guarantee, Bank Guarantee for Mobilization
Advance, Machinery Advance etc. shall be accepted only in the name of the JV and no splitting of
guarantees amongst the members of the JV shall be permitted.
17.11 On issue of LOA (Letter of Acceptance), the JV entity to whom the work has been awarded, with
the same shareholding pattern as was declared in the MOU/JV Agreement submitted along with the
tender, shall be got registered before the Registrar of the Companies under 'The Companies Act -2013'
(in case JV entity is to be registered as Company) or before the Registrar/Sub-Registrar under the 'The
Indian Partnership Act, 1932' (in case JV entity is to be registered as Partnership Firm) or under 'The
LLP Act 2008' (in case JV entity is to be registered as LLP). A separate PAN shall be obtained for this
entity. The documents pertaining to this entity including its PAN shall be furnished to the Railways
before signing the contract agreement for the work. In case the tenderer fails to observe/comply with
this stipulation within 60 days of issue of LOA, contract is liable to be terminated. In case contract is
terminated railway shall be entitled to forfeit the full amount of the Bid Security and other dues payable
to the Contractor under this contract. The entity so registeredd in the registered documents shall have,
inter-alia, following Clauses:
17.11.1 Joint and Several Liability - Members of the entity to which the contract is awarded, shall be
jointly and severally liable to the Railway for execution of the project in accordance with General and
Special Conditions of Contract. The members of the entity shall also be liable jointly and severally for
the loss, damages caused to the Railways during the course of execution of the contract or due to non-
execution of the contract or part thereof.
17.11.2 Duration of the Registered Entity - It shall be valid during the entire currency of the contract
including the period of extension, if any and the maintenance period after the work is completed.
17.11.3 Governing Laws - The Registered Entity shall in all respect be governed by and interpreted in
accordance with Indian Laws.
17.12 Authorized Member - Joint Venture members in the JV MOU shall authorize Lead members on
behalf of the Joint Venture to deal with the tender, sign the agreement or enter into contract in respect
of the said tender, to receive payment, to witness joint measurement of work done, to sign
measurement books and similar such action in respect of the said tender/contract. All
notices/correspondences with respect to the contract would be sent only to this authorized member of
the JV.
17.13 No member of the Joint Venture shall have the right to assign or transfer the interest right or
liability in the contract without the written consent of the other members and that of the Railway in
respect of the said tender/contract.
17.14 Documents to be enclosed by the JV along with the tender:
17.14.1 In case one or more of the members of the JV is/are partnership firm(s), following
documents shall be submitted:
(i) A notarized copy of the Partnership Deed or a copy of the Partnership deed registered with the
Registrar.
(ii) A copy of consent of all the partners or individual authorized by partnership firm, to enter into the
Joint Venture Agreement on a stamp paper,
(iii) A notarized or registered copy of Power of Attorney (duly registered as per prevailing law) in favour
of the individual to sign the MOU/JV Agreement on behalf of the partnership firm and create liability
against the firm.
(iv) 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.
17.14.2 In case one or more members is/are Proprietary Firm or HUF, the following documents shall be
enclosed:
(i) A copy of notarized affidavit on Stamp Paper declaring that his Concern is a proprietaryConcern and
he is sole proprietor of the Concern OR he who is signing the affidavit on behalf of HUF is in the
position of ‘Karta’ of Hindu Undivided Family (HUF) and he has the authority, power and consent given
by other members to act on behalf of HUF.
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17.14.3 In case one or more members of the JV is/are companies, the following documents shall be
submitted:
(i) A copy of resolutions of the Directors of the Company, permitting the company to enter into a JV
agreement,
(ii) The copies of MOA (Memorandum of Association)/ AOA (Articles of Association) of the company
(iii) A copy of Certificate of Incorporation
(iv) A copy of Authorization/copy of Power of Attorney issued by the Company(backed by the resolution
of Board of Directors) in favour of the individual to sign the tender, sign MOU/JV Agreement on behalf of
the company and create liability against the company.
17.14.4 In case one or more members of the JV is/are LLP firm/s, the following documents shall be
submitted:
(i) A copy of LLP Agreement
(ii) A copy of Certificate of Incorporation of LLP
(iii) A copy of resolution passed by partners of LLP firm, permitting the Firm to enter
into a JV agreement
(iv) A copy of Authorization /copy of Power of Attorney issued by the LLP firm (backed
by resolution passed by the Partners) in favour of the individual, to sign the tender
and/or sign the MOU/ JV agreement on behalf of the LLP and create liability against
the LLP.
(v) 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. Any Concealment / wrong information in regard to above shall
make the contract liable for determination under Clause 62 of the Standard General
Conditions of Contract.
17.14.5 In case one or more members of the JV is/are Society/s or Trust/s, the following documents
shall be submitted:
(i) A copy of Certificate of Registration
(ii) A copy of Memorandum of Association of Society/Trust Deed
(iii) A copy of Rules & Regulations of the Society
(iv) A copy of Power of Attorney, in favour of the individual to sign the tender documents
and create liability against the Society/Trust.
17.14.6 All other documents in terms of Para 10 of the Tender Form (Second Sheet) above.
17.15 Credentials & Qualifying Criteria: Technical, financial eligibility and Bid capacity of
the JV shall be adjudged based on satisfactory fulfillment of the following criteria:
17.15.1 Technical Eligibility Criteria (‘a’ or ‘b’ mentioned hereunder):
(a) For Works without composite components
The technical eligibility for the work as per para 10.1 above, shall be satisfied by either the ‘JV in its own
name & style’ or ‘Lead member of the JV’’. Each other (non-lead) member(s) of JV, who is/ are not
satisfying the technical eligibility for the work as per para 10.1 above, shall have technical capacity of
minimum 10% of the cost of work i.e., each non-lead member of JV member must have
satisfactorily completed or substantially Completed during the last 07 (seven) years, ending last day of
month previous to the one in which tender is invited, one similar single work for a minimum of 10% of
advertised value of the tender.
(b) For works with composite components
The technical eligibility for major component of work as per para 10.1 above, shall be satisfied by either
the ‘JV in its own name & style’ or ‘Lead member of the JV’ and technical eligibility for other
component(s) of work as per para 10.1 above, shall be satisfied by either the ‘JV in its own
name & style’ or ‘any member of the JV’.
Each other (non-lead)member(s) of JV, who is/ are not satisfying the technical eligibility for any
component of the work as per para 10.1 above, shall have technical capacity of minimum 10% of the
cost of any component of work mentioned in technical eligibility criteria i.e., each other (non lead)
member must have satisfactorily completed or substantially completed during the last 07 (seven)
years, ending last day of month previous to the one in which tender is invited, one similar single work
for a minimum of 10% of cost of any component of work mentioned in technical eligibility criteria.
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Note for Para 17.15.1:
(a) The Major component of the work for this purpose shall be the component of work having highest
value. In cases where value of two or more component of work is same, any one work can be classified
as Major component of work.
(b) Value of a completed work done by 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 technical eligibility criteria in the tender under consideration.
17.15.2 Financial Eligibility Criteria
The JV shall satisfy the requirement of “Financial Eligibility” mentioned at para 10.2 above. The
“financial capacity” of the lead partner of JV shall not be less than 51% of the financial eligibility criteria
mentioned at para 10.2 above.
The arithmetic sum of individual “financial capacity” of all the members shall be taken as JV’s “financial
capacity” to satisfy this requirement.
Note: Contractual payment received by 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 compliance of the above
mentioned financial eligibility criteria in the tender under consideration.
17.15.3 Bid Capacity
The JV shall satisfy the requirement of “Bid Capacity” requirement mentioned at para 10.3 above. The
arithmetic sum of individual “Bid capacity” of all the members shall be taken as JV’s “Bid capacity” to
satisfy this requirement.
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 prior to date of tender opening 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.
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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 non-execution of the contract or part
thereof.
(b) Duration of the partnership deed and partnership firm agreement: The partnership deed/partnership
firm agreement shall normally not be modified/altered/ terminated during the currency of contract and
the maintenance period after the work is completed as contemplated in the conditions of the contract.
Any change carried out by
partners in the constitution of the firm without permission of Railway, shall constitute a breach of the
contract, liable for determination of the contract under Clause 62 of the Standard General Conditions of
Contract.
(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 partnership deed or a copy of the Partnership deed registered with the Registrar.
(ii) A notarized or registered copy of Power of Attorney (duly registered as per prevailing law) 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 / any State Govt. 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 fulfilment 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)
(Designation)
Signature of Tenderer(s)____________ Railway _____________
Date _____________ Date _____________
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Section- III
IMPORTANT CLAUSE OF STANDARD GENERAL CONDITIONS OF CONTRACT
Some important clauses of GCC are reproduced below in this section for general guidance of the
tenderer. However, GCC April-2022 with up to correction shall continue to govern the contract. (In case
of any difference in description of clause reproduced herewith & GCC April-2022, description of GCC
April-2022 shall prevail.)
1. Security Deposit ( Clause 16.(1) of GCC: 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 fulfillment 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
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.
1.1 Refund of Security Deposit (Clause16.(2)(i) of GCC): 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.
1.2 Forfeiture of Security Deposit (Clause16.(2) (ii)of GCC): 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.
1.3(Clause16.(3) of GCC): 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.
(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
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beyond 21 (Twenty one) days and upto 60 days from the date of issue of LOA may be given by the
Authority who is competent to sign the contract agreement. However, a penal interest of 12% per
annum shall be charged for the delay beyond 21(Twenty one) days, i.e. from 22nd day after the date of
issue of LOA. Further, if the 60th day happens to be a declared holiday in the concerned office of the
Railway, submission of PG can be accepted on the 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 against that contract. 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:
(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;
(v) Guarantee Bonds executed or Deposits Receipts tendered by any Scheduled Commercial
Bank of India;
(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 in addition to forfeiture of Security Deposit available with railway.
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(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.
3. Force Majeure Clause (Clause 17 of GCC): 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.
4 Extension of Time in Contracts (Clause17- A of GCC): 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.
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(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 15days 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 15days 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.
4.1 Extension of Time with Liquidated Damages (LD) for delay due to Contractor (Clause17- B of
GCC): The time for the execution of the work or part of the works specified in the contract documents
shall be deemed to be the essence of the contract and the works must be completed not later than the
date(s) as specified in the contract. If the Contractor fails to complete the works within the time as
specified in the contract for the reasons other than the reasons specified in Clause 17 and 17-A, the
Railway may, if satisfied that the works can be completed by the Contractor within reasonable short
time thereafter, allow the Contractor for further extension of time 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 0.3% 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.
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4.2 Bonus for Early Completion of Work (Clause17- C of GCC): In case of open tenders having
advertised value more than Rs 50crore 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.
5. Provision of Efficient and Competent Staff at Work Sites by the Contractor (Clause 26 of
GCC)
5.1 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.
5.2 The Contractor shall at once remove from the works any agents, permitted subcontractor,
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.
5.3 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.
5 A. Deployment of Qualified Engineers at Work Sites by the Contractor (Clause 26- A of GCC):
5 A.1 The Contractor shall also employ qualified Graduate Engineer(s) or equivalent, or qualified
Diploma Engineer(s), as prescribed in the tender documents.
5 A.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
5 A.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’.
Deployment of Qualified Engineers at Work Sites by the Contractor (GCC Clause 26 A):
The contractor shall also deploy qualified Graduate Engineer during execution of allotted work – As
below-
(a) One Qualified Graduate Engineer when cost of work to be executed is Rs. 200 lakh and
above.
(b) One Diploma Holder Engineer when cost of work to be executed is more than Rs. 25 lakh
but less than Rs. 200 lakh.
(c) In case the contractor fails to employ qualified Engineer as aforesaid in para 9(a),(b) above,
he in terms of provision of clause 26 A 2 to the GCC, shall be liable to pay an amount of Rs.
40000/- and 25000/- for each month or part thereof for default period for the provisions, as
contained in para 8(a) & (b) above respectively.
(Railway Board letter No. 2012/CE-1/CT/0/20 dt. 10.05.2013)
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6.1 Clause 42 (2) (i) of GCC - 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.
(d) Variation to quantities of Minor Value Item: The limit for varying quantities for minor value items shall
be 100% (as against 25% prescribed for other items). A minor value item for this purpose is defined as
an item whose original agreement value is less than 1 % of the total original agreement value.
d.(i) Quantities operated upto and including 100% of the agreement quantity of the concerned minor
value item, shall be paid at the rate awarded 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, 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 SOR schedule 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).
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6.3 Valuation of Variations (Clause 42 (3) of GCC): 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 items/quantities of work
falling outside the purview of the provisions of Sub-Clause (2) above shall be paid for at the rates
determined under Clause-39 of these Conditions.
1 These special conditions and the work schedule shall govern the works to be executed under
this contract in addition to and/or in part supersession of the General Conditions of Contract
corrected up to date, Standard Schedule and Specifications for Electrical Works as applicable
for the tender & issued by Railways corrected up to date, on or before the opening of tender.
2 Where there is any conflict between the Special Conditions of Contract on one hand and
Standard Schedule and Specifications for Electrical Works on the other hand, the former shall
prevail.
3 Any special condition stated by the tenderer(s) in the covering letter submitted along with the
tender shall be deemed as part of contract to such extent only as have explicitly been accepted
by the Railways.
4. Occupation and Use of Railway Land (Clause 6, Part II of GCC) :
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.
5. Use of Private Land
The Contractor will have to make his/their own arrangements for use of private land, outside
Railway limits for due fulfilment of contract or for borrow pits, approaches, etc., directly with the
land owners or local authority and to pay such rents if any as are payable as may be mutually
agreed upon between them.
6 Materials supplied by Railway:
6.1. The tenderer shall be responsible to see that the materials such as cable or any other material
supplied by the Administration are utilized for the sole purpose for, which they have been
issued to him, failing which, he is liable to be dealt with according to law for any misuse of
these commodities by himself, his agents or workmen etc.
6.2 Materials received by Railway:
6.2.1 Contractor shall give in writing the details of item(s) including serial number and quantity of
work schedule to concerned SSE for receiving the material. The concerned SSE will inspect the
material and its related mandatory documents as per contract agreement and material is to be
entered in the Ledger (Tally Book) assigned for this particular work if found in order as per
contract.
6.2.2 Whenever material is required for execution of the work at site, contractor will request
concerned SSE for issuing of material on his letter head/demand signed and stamped by his
authorised person.
6.2.3 For issuing the material required by contractor as above, concerned SSE shall fill hand receipt
form (E-49 B) mentioning all relevant details and this form shall be signed by both concerned
SSE and authorised representative of contractor. Thereafter material will taken by contractor for
site of work and/or stored temporarily under his own custody. Material so stored temporarily at
site shall be secured and protected by the contractor by his own resources as his risk and cost.
6.2.4 While filling up measurement book, reference of hand receipt form (E-49 B) and Ledger (Tally
Book) are to be mentioned wherever required (applicable for both running & final bills).
6.2.5 Work site register will be maintained by the contractor for recording daily work progress and
measurements which is also to be signed by Railway’s representative deployed by concerned
SSE.
6.2.6 Consignee: The consignee for this work will be concerned SSE (Electrical)/---------------------
nominated by the Engineer.
6.2.7 Loading, Unloading and Transportation of Materials: All the materials shall be transported
including loading and unloading by the contractor from Store of the concerned SSE to the site of
the work and vice versa with his own risk and cost.
6.2.8 All stores drawn by the contractor from Railway shall be accounted for either as installed as per
site measurements recorded or as per surplus stores returned to the concerned SSE.
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6.3.2. The cost of stores lost shall be realized by the Railway out of any payments due to the
contractor in this contract or from any other contract under execution by Govt. of India of its
enterprises.
6.3.3 The Contractor will indemnify all the Stores handed over to him and will execute the Indemnity
Bond for this purpose on standard Performa given along with these documents in Annexure-
XVI. Execution of the Indemnity Bond will precede handing over any material to the Contractor.
6.4 Return of Surplus Store
6.4.1 The stores found to be surplus shall be returned to Consignee by the Contractor with his own
staff with immediate effect and proper (-) minus hand receipt will be issued to contractor on
receipt of surplus material by the Railway depot staff.
6.4.2 The contractor shall account for all materials that were issued to him. A register shall be
maintained by the contractor, which shall be signed by the Contractor as a token of receipt of
materials. All the issued materials shall either be used in the installation or returned to
Consignee.
6.4.2 Return of Released Stores
Released materials shall be handed over to Consignee in systematic manner. Proper care
should be taken while releasing & transporting the material at General Stores, or at a place as
demanded by the Railways.
6.5.1 If any extra quantity of Railway materials over and above that shown in the drawing or any extra
quantity of Railway materials over the standard scale have been issued to the contractors due
to wastage, workmanship or any other reason or if in the opinion of the Engineer, the Railway
materials have not been accounted for by the contractor/s, satisfactorily or have not been used
on bonafied Railway works allotted to the contractor(s), the cost of such Railway materials will
be recovered from the contractor/s as stipulated in Para 9.5.3 below.
6.5.2 In case of Electrical items is issued to the contractor(s) by the Railway either free of cost or on
cost for use on works, the supply thereof shall be made in stages, limited to the
quantity/quantities computed by the Engineer’s representative, according to the prescribed
specifications and drawings.
6.5.3 The Electrical items supplied by Railway in excess of the requirement as above shall be
returned at the place of issue, in perfectly good condition by the contractor/s to Railway
immediately after completion of work or determination of the contract. If the contractor(s) fails to
return the said materials supplied by Railway in excess of the requirements as computed by the
Railway according to the specifications and approved drawings, the cost of these materials will
be recovered from the contractor(s) @ one and half times the prevailing procurement cost at
the time of the last issue or one and half times the current price of the material after completion
of the particular phase of the work, whichever is higher plus 7% freight, viz. {1.5 x (Purchase
price or current price) + 7 % freight, only}. This will be without prejudice to the rights of the
Railway to take action against the contractor(s) under the conditions of the contract for not
doing/completing the work according to the prescribed specifications and approved drawings.
6.5.4 Royalty, Octroi and other charges on materials to be supplied by the contractor for
construction of work except those to be supplied by the Railway will be borne by the
contractor/s.
7.0 Figures, Dimensions, etc.
Figures, dimensions and drawings shall supersede measurements by scale and drawing to
larger scale shall take precedence over those to a smaller scale. Special dimensions or
directions in the specification shall supersede all else.
8.0 Plea of Custom
The plea of custom prevailing will not on any account be permitted as excuse for an
infringement of any of the conditions of the contract or specifications.
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thereof, which will be determined by the Chief Electrical Engineer/ Chief Administrative Officer
(C), North Western Railway, to the contractor.
14.0 MAINTENANCE PERIOD
14.1. After the equipments, system/sub-systems have been installed and commissioned, the
contractor shall be responsible for proper maintenance & supervision, free of cost, of the
equipments, system/sub-systems till a period of one year, from the date of commissioning as
per final completion report issued by Engineer. In the free maintenance period, contractor will
provide all the spares required for such maintenance free of cost. This free maintenance period
will include:-
(a) Maintenance and upkeep of all equipments,
(b) Attending to break-downs immediately,
(c) Periodical preventive maintenance,
(d) Repair/replacement of defective parts,
(e) Operating the existing system satisfactorily.
14.2 For this purpose, contractor shall prepare a maintenance plan and make available the services
of maintenance Engineer and Staff who will maintain and supervise the system.
14.3 During this free maintenance period, if any deficiency/fault is noticed in the functioning as a
result of any defect in design or manufacture, the same will be rectified by the contractor at his
own cost. During such rectification if any faulty equipment/modules/ cards/ system/ subsystem/
part either in hardware or in software or any other form, need replacement or repair, they shall
be provided by the contractor free of cost from the set of equipment or modules that the
contractor should bring to the site of installation in addition to all the materials to be supplied
against this contract.
14.4 If any failure takes place, then the maintenance personnel so deputed will immediately attend &
rectify the failure. If he fails to rectify the failure within six hours from the time of information
communicated to him by means of fax, telegram, SMS, email, telephone or any other method of
communication at the address as specified by the contractor within geographical jurisdiction of
N.W. Railway, a penalty will be imposed @ Rs.100/- per hour per system and part thereof,
which will be recovered from the payments due to the contractor or from the security deposit
payable to the contractor. Working hours for the system will be twenty four hours a day. Further
if any failure is not rectified within 12 hrs from the time of information communicated to him as
above, Railway may proceed to rectify it departmentally at contractor’s risk and penalty of
Rs.2000/- plus cost of such rectification will be deducted from the payments due to the
contractor or from the security deposit payable to the contractor.
Note:- No part refund of Security Deposit shall be permitted during the maintenance period
mentioned above.
15.1 The contractor shall at all times, execute the contract work only in the presence and under the
supervision of the Engineer's Representative or a Railway employee specifically appointed on
his behalf. No work under the contract shall ,therefore, be commenced by the contractor without
the express permission of the Engineer’s representative.
15.2 The contractor shall always execute the work under this contract in strict compliance with the
instructions/directives by the Engineer's representative. Any act of non-compliance with the
instruction/directives issued by the Engineer's representative shall be considered as a default of
the contractor where after the Railway shall be free to take further appropriate action as
provided in the contract for dealing with such defaults of the contractors. The decision of the
Engineer-in-charge whether there has been an act of non-compliance with the
instruction/directives of the Engineer's representative for the purpose of this clause shall be
final and conclusive.
15.3 The instructions/directives by the Engineer's representative shall not, however, absolve the
contractor of his responsibility or reduce his responsibility in any manner whatsoever in regard
to maintaining at all times the safe working conditions at the work site.
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16.2 When the Railway workmen with necessary equipment are deployed in the above manner,
recovery at the following rate shall be made from the contractor's dues under this contract or
any other money of the contractor available with the Railway under this contract. The recovery
for the total Railway Workmen Hours employed at the rate of Rs. 100/- (Rupees Hundred only)
per Workmen-Hour irrespective of the type and grade of the Railway Employee actually
employed. The aggregate period of the Workman-Hours for the above recoveries shall be
reckoned from the time the Railway Workmen are actually deployed at the work site till the work
is completed to the satisfaction of the Engineer's Representative whose decision in this regard
shall be final and conclusive.
16.3 During the above-mentioned period of suspension of work, the contractor shall not in any
manner attempt to carry out any work at the work site. Any such attempt of the contractor shall
be deemed to be an unauthorized work on the work site. For such acts, the contractor shall
then be liable for further appropriate action under the relevant provisions of the Indian Railway
Act.
17 WARRANTY
17.1 The contractor shall warranty that all materials & equipments to be supplied and installed as
per this tender shall be free from defects and faults in design, material, workmanship and
manufacture and shall be of the highest quality and consistent with the established and
generally accepted standard for materials of the type ordered and in full conformity with
the contract specifications.
17.2 The contractor shall give warranty / provide maintenance for satisfactory working of all the
equipments & installations erected & commissioned by him in this tender, for a period of ONE
YEAR from the date of commissioning.
17.3 During the period of Warranty, the contractor shall keep available experienced engineer &
technician and necessary equipment to attend to any defective installation. The Contractor shall
bear the cost of all modifications, additions or substitutions that may be considered necessary
due to faulty material, decision regarding this shall rest with the Dy.CEE(W)/AII.
17.4 During the period of Warranty, the contractor shall be liable for the replacement of any
equipment & any parts which may be found defective, whether such equipment be of his own
manufactured or those of his sub-contractor, whether defect arising from faulty design, material,
workmanship or negligence in any manner on the part of the Contractor, at his (Contractor’s)
own expenses. In case of defect of similar type detected in contractor’s equipment &
components during the warranty period, the contractor shall replace complete lot of the items
irrespective of the fact that whether all such items have failed or not. The Contractor shall bear
the cost of repair carried out on his behalf by the Purchaser at site due to urgent requirement. In
such a case, the Contractor shall be informed in advance of the repair proposed to be carried
out by the Purchaser.
17.5 If it becomes necessary for the contractor to replace or renew any defective portion/s of the
system under this clause, the provisions of this clause shall apply to the portion of
equipment/component/system so replaced for further period of 12 months from the date of such
replacement or renewal or until the end of the warranty period whichever may be later. If any
defect is not remedied within reasonable time, the Railway may proceed to do the work at
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contractor’s risk and expense, but without prejudice to any other rights, which the Railway may
have against the contractor in respect of such defects.
17.6 The repaired or renewed part shall be delivered and erected on site free of charge to the
purchaser.
17.7 The Railway shall have right for acceptance, rejection of materials at site if the same are not in
accordance with the specifications. The terms and conditions of this contract shall also be
governed with G.C.C. of Railways.
18 SHIFTING OF ELECTRICAL/TELEGRAPH WIRES.
In some stretches, high-tension grid towers /electric telegraph/telephones wires or posts etc. are
to be shifted. It is expected that the electric lines/towers will be shifted in reasonable time strictly
as per approved plan by Engineer based on extant Rules & Regulations but in case, there is any
delay on this account suitable extension in date of completion will be considered and given to the
contractor for only the effected portion and no compensation whatsoever in this respect or due to
the delay thus caused will be payable and contractor has to adopt such methods of execution of
earthwork so as not to cause any damage to existing structure lines etc.
22.1 This shall be limited to 10% of the contract value and payable in 2 stages as indicated below:-
Stage-I: - 5% of Contract Value on signing of the contract agreement.
Stage-II: - 5% on mobilization of site-establishment, setting up offices, bringing in equipment
and actual commencement of work.
The two stages of advances shall be payable immediately after signing of contract documents
and at the time of mobilization, respectively.
22.2 The rate of interest on ‘Mobilization Advance’ is @ 4.5% per annum above the Base Rate of
State Bank of India as effective on the date of approval of payment of Mobilization Advance by
the Competent Authority.
22.3 The Mobilisation Advance Clause shall be restricted only for high value tenders of
Rs. 25 crore and above.
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22.4 The Mobilization Advance shall be against an irrevocable Bank Guarantee of value 110% of the
sanctioned advance amount as per (a) & (b) below. The Bank Guarantee shall be from a
Nationalised Bank in India or State Bank of India, all scheduled Banks in India, National Savings
Certificate etc.
(a) For works costing less than Rs. 50.00 Crores
The mobilization shall be granted against a irrevocable bank guarantee which will be released
only after full mobilization advance with interest will be recovered.
(b) For works costing Rs. 50.00 Crore & above.
Mobilization advance can be granted against several bank guarantee. Individual Bank
Guarantee can be refunded after the amount mentioned in the part B.G. has been recovered
along with interest. BG will not be accepted in more than 5 parts. However, amount of each BG
shall not be less than Rs. 1 Cr.
22.5 Method of Recovery of Interest:
“Interest will be recovered on the advance outstanding for the period commencing from the date
of the 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-rate principal
recovery. In the event of the any shortfall the same will be carried forward to the next on
account bill and will attract interest @ 4.5% per annum above the Base Rate of State Bank of
India as effective on the date of approval of payment of mobilization advance by the Competent
Authority.
23.0 Stage Payment on supply of steel in the Works Contract (For contract value Rs. 15.00
crores & above) :- Not Applicable
24.0 Incentive Bonus Payment Clause (For Plan head Doubling and Traffic Facilities works only)
Considering the need of early and time bound completion of throughout enhancement works
primarily those coming under the Plan Heads Doubling and Traffic Facilities’ , an Incentive
Bonus Payment can be made in these works subjected to following conditions -
The incentive bonus payable shall not be more than 1% of the initial contract value or revised
contract value whichever is less for every one month of early completion ahead of the original
completion period or revised completion period whichever is less.
The maximum incentive payable shall not be more than 6% of the original contract value or
revised contract value whichever is less.
This incentive scheme shall not apply if extension to the original completion period is given
irrespective of on whose account (Railway’s account or contractors account).
Period less than a month will not be reckoned for the incentive bonus calculation.
25.0 In case of any difference in the description of any NS item in tender schedule and the special
conditions for that NS item, the description of that NS item in tender schedule shall prevail over
the special conditions.
26.0 Contractors are required to upload details of their LOAs, engaged workman, wages payment details,
PF/ESI details, bonus details etc on monthly basis on www.shramikkalyan.indianrailway.gov.in.
(Authority : Rly. Bd’s letter No. 2018/CE-I/CT/4 dt. 17.10.18)
The contractor ensure payment of wages etc. to labour engaged by him, where in it has been
mentioned to update the newly launched Railway’s portal www.shramikkalyan.indianrailways.gov.in
, detail user manual for this is available on help link of Home page of portal. Contractors are required to
upload details of their LOAs, engaged workman, wages payment details, PF/ESI details, bonus details
etc on monthly basis on www.shramikkalyan.indianrailway.gov.in.
The contractor should comply with all relevant statutory provisions of Govt. Including contract Labour
law, Regulation and Abolition Act 1970, Minimum Wages Act 1948, Employees State Insurance Act,
Provident Fund Act, Employment of Children Act, Un-touch ability Act and other Labour Laws are
amended from time to time. The successful contractor shall also indemnity the Railway Administration
against any claims liabilities under these rules.
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SECTION-V
SAFTY PRECAUTIONS
1.0 Safe working of contractors (Extract of para 826 of IRPWM) :– A large number of men and
machinery are deployed by the contractors for track renewals, gauge conversions, doublings, bridge
rebuilding, railway electrification etc. It is therefore essential that adequate safety measures are taken for
safety of the trains as well as the work force. The following measures should invariably be adopted.
(a) The contractor shall not start any work without the presence of railway supervisor at site.
(b) Wherever the road vehicles and/or machinery are required to work in the close vicinity of railway line,
the work shall be so carried out that there is no infringement to the Railway’s schedule of
dimensions. For this purpose, the area where road vehicles and/or machinery are required to ply,
shall be demarcated and acknowledged by the contractor. Special care shall be taken for turning/
reversal of road vehicles/machinery without infringing the running track. Barricading shall be
provided wherever justified and feasible as per site conditions.
(c) The look out and whistle caution orders shall be issued to the trains and speed restrictions imposed
where considered necessary. Suitable flagmen/detonators shall be provided where necessary for
protection of trains.
(d) The supervisor/workmen should be counselled about safety measures. A competency certificate to
the contractor’s supervisor as per Performa annexed shall be issued by Engineer or his authorized
representative, which will be valid only for the work for which it has been issued.
(e) The unloaded materials for tender work after unloading from track should be kept clear off moving
dimensions and stacked as per the specified heights and distance from the running track.
(f) Supplementary site specific instructions, wherever considered necessary shall be issued by the
Engineer in Charge.
1.1 PLYING OF ROAD VEHICLES AND WORKING OF MACHINERIES CLOSE TO RUNNING
TRACKS
Normally, the road vehicles shall be run or machinery shall be worked so as not to come closer than
6.0m from centre line of nearest running track.
The land strip adjacent to running tracks, where road vehicle is to ply or machinery is to work, shall
be demarcated by lime in advance in consultation with the Railway’s Supervisor. Wooden pegs at
interval not exceeding 75mts shall be provided along the line marking as permanent marks. The
road vehicles shall ply or machinery shall work so as not to infringe the line of demarcation.
If a road vehicle or machinery is to work closer to 6.0m due to site conditions or requirement of work,
following precautions shall be observed.
In no case the road vehicle shall run or machinery shall work at distance less than 3.5m from
centreline of track.
Demarcation of land shall be done by bright coloured ribbon/nylon chord suspended on 75cm high
wooden/bamboo posts at distance of 3.5 m from centreline of nearest running track.
Presence of an authorized Railway’s representative shall be ensured before plying of vehicle or
working of machinery.
Railway’s Supervisor shall issue suitable caution order to Drivers of approaching train about road
vehicles plying or machineries working close to running tracks. The train drivers shall be advised to
whistle freely to warn about the approaching train. Whistle boards shall be provided wherever
considered necessary.
Lookout men shall be posted along the track at a distance of 800m from such locations who will carry
red flag and whistles to warn the road vehicle/machinery users about the approaching trains.
On curves where visibility is poor, additional lookout men shall be posted.
Under unavoidable conditions, if road vehicles is to ply or machinery is to work closer to 3.5m due to
site conditions or requirement of work, following precautions shall be observed:
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Plying of vehicles or working of machinery closer to 3.5m of running track shall be done only under
protection of track. Traffic block shall be imposed wherever considered necessary. The site shall be
protected as per provisions of Para No. 806 & 807 of P-Way Manual as case may be.
Presence of a Railway’s Supervisor shall be ensured at worksite.
Railway’s Supervisor shall issue suitable caution order to Drivers of approaching train about road
vehicles plying or machineries working close to running tracks. The train drivers shall be advised to
whistle freely to warn about the approaching train.
Precaution to be taken while reversing road vehicle along side the track.
The location where vehicle will take a turn shall be demarcated duly approved by Railway’s
representative. The road vehicle driver shall always face the Railway track during the course of
turning/reversing his vehicle. Presence of an authorized Railway representative shall be
ensured at such location.
• Road vehicle shall not be allowed to run along the track during night hours generally. In
unavoidable situations, however, vehicles shall be allowed to work during night hours only in the
presence of an authorized Railway’s representative and where adequate lighting arrangements
are made and where adequate precautions as mentioned earlier have been ensured.
• Road vehicles/machinery/plant etc. when stabled near running tracks shall be properly secured
against any possible roll off and always be manned even during off hours.
• Any work close to or on running tracks shall be executed under the presence of a Railway’s
Supervisor only.
• Precaution to be taken to ensure safety of trains while execution of work close to the
running line or on running lines.
• Such works shall be planned and necessary drawings particularly with regard to infringement to
moving dimensions shall be finalized duly approved by competent authority before execution of
work. The work shall be executed only as per approved procedure and drawings.
• All temporary arrangements required to be made during execution of work shall be made in
such a manner that moving dimensions do not infringe.
• Suitable speed restriction shall be imposed or Traffic block shall be ensured as required.
• The site shall be protected as per provisions of Para No. 806 & 807 of P-Way Manual as case
may be
• Necessary equipment for safety of trains during emergency shall be kept ready at site.
• Particular care shall be taken to mark the locations of buried electrical/signal/telephone cables
on the plans jointly with S & T/Electric supervisor and also at site so that these are not
damaged during excavation.
• Copy of the cable plan should be given to the contractor’s authorised representative before
handing over the site to start the work.
• Due care shall be taken to ensure that any part of the equipment or machinery or temporary
arrangement does not come close to cables while working.
(Ref: JPO issued by Railway Board vide letter no. 2003/Tele/RCIL/1 pt. IX dated 24.06.2013
(Telecom circular no. 17/2013) for undertaking digging work in the vicinity of signaling, electrical and
telecommunication cable will be followed during the execution of work. )
Any work, which infringes the moving dimensions, shall be started only after the traffic block has
been imposed.
Before closing the work, the track shall be left with the proper track geometry so that the trains run
safely.
After completion of work the released sleeper and fittings should be properly stacked away from the
track to be kept clear of moving dimensions.
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Block shall be removed only when all the temporary arrangement, machineries, tools, plants etc.
have been kept clear of moving dimensions.
Precautions to be taken to ensure safety of workers while working close to running lines.
Necessary lookout men with red flags and whistles shall be provided to warn the workmen about the
approaching train.
Railway’s supervisor shall issue suitable caution order to Drivers of approaching train for whistling to
warn the workers about the approaching train. Whistle boards shall be provided wherever
considered necessary.
A “First aid kit” shall always be kept ready at site.
Precaution shall be taken for safety of public or passengers, while executing works at
locations, used by passengers and public,.
The worksite shall be suitably demarcated to keep public and passengers away from work
area. Necessary signage boards such as “Work in progress. Inconvenience is regretted” etc.
shall be provided at appropriate locations to warn the public/ passengers. Adequate lighting
arrangement of worksite wherever required shall be done to ensure safety of
public/passengers during night.
Precaution to be taken before stacking materials alongside the track to ensure that safety of
trains is not affected.
The following precautions shall be taken before stacking the materials along the track for
stacking of Electric poles, Cables, OHE masts, Contact wires, Catenary wires etc.
The sites for material stacking should be selected in advance in such a manner to ensure that no
part of the material to be stacked is infringing to the Standard Moving Dimensions. A plan of
proposed stacking locations be made and signed jointly by an authorized Railway’s representative
and contractor’s representative.
The selected locations shall be marked by lime in advance.
Presence of an authorized Railway’s representative while unloading and stacking shall be ensured.
The materials shall be stacked in such a height so as to not to infringe SOD in case of accidental roll
off.
Precautions to be taken during working in RE areas – Necessary precautions to be taken during
working in electrified / under electrification sections by contractor or his representative/staff (Ref:
Elect. HQ office letter no. EL/Safety/2/power/Pt. III dated 20.11.2013.
At any time if a contractor’s supervisor or vehicle operator observes any unusual circumstances
likely to infringe the track and apprehend danger to safe running of track, he shall take immediate
steps to advise a Railway official of such danger and assist him in protection of track.
The track shall be protected as under. One person shall immediately plant a red flag (red lamp
during night) at the spot and proceed with all haste in the direction of approaching train with a red
flag in hand (red lamp during night) and plant a detonator on rail at a distance of 600m from the
place of obstruction of BG track (400m for MG track) after which he shall further proceed for not less
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than 1200m from the place of obstruction from BG track (800m for MG track) and plant three
detonators at 10m apart on rails. After this he shall display the red flag (red lamp during night) at a
distance of 45m from the detonators.
Attempts shall also be taken to send an advice to nearest Railway station about the incident
immediately.
Action to be taken if train is seen approaching to site of danger and there is no time to
protect the track as per guidelines mentioned above?
In such a case the detonators shall be planted on rails immediately at distance away from place of
danger as far as possible and attention of driver of approaching train shall be invited by whistling,
waving the red flag vigorously, gesticulating and shouting.
What action shall be taken if more than one track is obstructed?
In case of single line protection as above shall be done in both the directions from place of
danger.
In case of double line or multiple lines, if other tracks are also obstructed, the protection as above
shall be done for other track also.
The protection shall be done in that direction and on that track first on which train is likely to arrive
first.
The Contractor’s Supervisors, Operators and lookout men shall be properly explained about the
direction of trains on running tracks.
Equipment required for protection of track.
Minimum compliment of protection equipment i.e. 10 detonators, 4 red hand flags, 4 red hand lamps,
4 banner flags and whistles etc. shall always be kept ready at worksites for use in case of
emergency. Railway will arrange to provide detonators, whereas Contractor shall arrange other
equipment at his own cost.
Arrangement of lookout men and competency required for lookout man to warn labour
about approaching train.
Contractor will provide lookout men.
The lookout men shall be properly trained in warning to staff at worksite about approaching train.
Only those lookout men shall be provided at site who have been issued with a competency
certificate by the Railway’s Supervisor.
In case, it is felt necessary to provide lookout men by Railway, the charges for the same as fixed
by Railway Administration shall be recovered from Contractor.
1.4 Training to Supervisors and Operators of Contractor.
The Supervisors and Operators of the contractor proposed to be deployed at wok site, which is close
to the running track, shall be imparted mandatory training by the Railway at site free of cost about
the safety measures to be adopted while working in the vicinity of running track. Engineer-in charge
of the work shall decide the scale, extent & adequacy of training. In case training is imparted at a
recognized Railway training institute, the charges for the same, as decided by Railway, shall be
recovered from contractor. A competency certificate to this effect to the individual
Supervisor/Operator shall be issued as given below, by a Railway Officer not below the rank of
Assistant level. No Supervisor/Operator of the Contractor shall work or allowed to work in the
vicinity of running track who is not possession of valid competency certificate.
All the labour, materials, tools, plants etc. except detonators, required for ensuring safe running of
trains shall be provided by Contractor at his own cost. Wherever lookout men are provided by
Railway, charges at the rate of Rs. 500/- per man day shall be recovered from Contractor.
Competency Certificate
Certified that Shri ________________________ Supervisor/Operator of M/s.
_______________________ has been trained and examined in safety measures to be followed
while working in the vicinity of running railway track for the work ____________________. His
knowledge has been found satisfactory and he is capable of supervising the work safely.
This certificate is valid only for the work mentioned in this certificate only.
Note: For items of barricading, Sign Boards like- “Work in Progress”, walkie-talkie sets, mobile
phones, look out man etc., suitable provision may be incorporated in the tender conditions as per
site requirements.
2.1 Before taking up any digging activity on a particular work by any agency, concerned Sr. DSTE and
Sr. DEE/…./Dy.CEE/… of the section shall be approached in writing by contractor for permitting to
undertake the work. Sr. DSTE and Sr. DEE/…./Dy.CEE/…, after ensuring that the concerned
executing agencies (contractor) have fully understood the S&T and Electrical cable route plan, shall
permit the work in writing within 7 days of the request made for the same.
2.2 After getting the permission from S&T and/or Electrical department as the case may be, the relevant
portion of the cable route plan shall be attached to the letter through which permission is issued to
the contractor for commencement of work and ensuring that the contractor have fully understood the
cable route plan and precautions to be taken to prevent damage to the underground cables. The
contractor shall be asked to study the cable plan and follow it meticulously to ensure that the safety
of the cable is not endangered.
2.3 On receiving the above information from contractor, SE/Sig. or SE/Tele or SE/ Electrical (Const.,
TRD or G) shall visit the site on or before the date of taking up the work and issue permission to the
contractor to commence the work after checking that adequate precautions have been taken to avoid
the damage to the cables. The permission shall be granted within 3 days of submission of such
request.
2.4 The name of the contractor, his contact telephone number, the nature of the work shall be notified in
the Electrical & S&T control as soon as the concerned S&T / Electrical officials issue the letter
authorizing commencement of work to the contractor. Control / Test room shall be given copies.
Control/Test room shall collect any further details form the Engineering control and shall pass it on to
S&T/Railtel & Electrical officials regularly. In case the supervisors of concerned departments do not
turn up on the day as advised in terms of Para 39.3 above, the work of contractor shall not be
stopped on this account.
2.5 In all the sections where major projects are to be taken up/going on, Electrical department shall
deploy their officials to take preventive/corrective action at site of work. As regards other
departments, the officials may be deputed on need basis.
2.6 The works of excavating the trench and laying of the cable should proceed in quick succession,
leaving a minimum time between the two activities.
2.7 In case damage is caused to OFC/Quad cable/Electrical cable/Signaling cable during execution of
the work, the contractor is liable to pay a penalty for damaging the cable. Penalty shall not be levied
in case of the following:-
Detailed cable route plan is not provided by concerned department or cable is not protected as per
laid down procedures.
The alignment of the cable does not tally with the information provided to the contractor.
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Tender No. EL-50-01-2024-25
The cable depth is found to be less than 800 mm from normal ground level.
No representative of S&T/Electrical department was available at site guarding the cables on the fixed
pre determined date and time.
2.8 Penalty to be imposed for damages to cable shall be as under:-
NOTE - Other conditions of contract which is not mentioned in this tender document will be
governed as per Railway Board GCC April-2022 or latest.
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Tender No. EL-50-01-2024-25
SECTION -VI
1. The work shall be carried out in accordance with the approved specification/drawing and other
relevant standard of general electrical work as specified in tender by Engineer.
2. Work shall be carried out strictly as per IE rules and wherever applicable equipments should
comply with latest Indian Standards, Statutory Regulations and Labour Acts etc.
3. Energy efficient equipment shall be used as prescribed in energy Conservation Building Code-2007
of BEE and star ratings of BEE wherever applicable. Contractor shall arrange inspection of major
electrical assets / equipments at his own expenditure as per railway requirement.
4. The work shall be carried out in best workmanship like manner and any defect in the work due to
changes in the design etc. as pointed out by Railway authority shall be carried out by the contractor.
5. In case of any dispute regarding the lay out and any other technical matter, the decision of
Dy.CEE(W)/AII will be final and binding on the contractor.
6. Inspection of Material
(a) For inspection of the material as desired by Railway, Railway’s representative/agency/unit will visit to
manufacturer’s premises to conduct the tests, if necessary. Contractor shall provide all necessary
assistance in carrying out tests and inspection at his own cost.
(b) Pre commissioning tests if needed on various equipment may be carried out jointly by the contractor.
(c ) Contractor shall submit design & drawing of different circuits / system & get approval before
starting of work & submit minimum 6 copies of each approved drawings including soft copies if
any.
(d) The factory inspection/lab test of any of the item in the schedule/part of any job or assembly
in schedule can be conducted on the desire of Railway.
(e) The factory inspection sample testing/lab test will be conducted as per specification/Drawing of the
item and other relevant standards as per the discretion of Railways.
(f) It will be responsibility of the contractor to take clarification from Railways in case of any doubt
in specification/ drawing before fabrication / assembly / delivery of any of the item in the
schedule/part of any job or assembly in schedule.
(g) At the time of submission of drawings/sample, contractor has to submit relevant documents
regarding the certification & specifications and technical catalogues reflecting all the technical
parameters of the item.
(h) Only the ISI/BEE or any other relevant mark/label or any certificate produced in support, may
not be enough to approve the sample, further verifications/ factory inspection/lab test may be
carried out as per the discretion of Railways.
(i) The tests on any of the item in the schedule/part of any job or assembly in schedule will be
performed in an NAL/Govt. Lab. or manufacturer’s premises as desired by Railways.
(j) THE COST OF FACTORY INSPECTION / LAB TESTS / DOCUMENTATIONS WILL BE BORNE BY
THE CONTRACTOR.
(k) The reference list for make of products is given in Annexure: C (with schedule and specification).
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Tender No. EL-50-01-2024-25
(l) In case of any kind of confusion/conflict/dispute, the decision of Railways will be final and
binding on the contractor.
m) Tenderers are required to submit the test reports issued from the approved Govt. agency /
Laboratory of similar major equipments and components like transformer, VCB, ACB,DG set, relay,
solar panels etc, as specified in tender by Engineer , along with their offer, which have been
supplied earlier to Govt./Public sector.
7. Conditions for Main contractor or Associate Electrical Contractor for Electrical work. (Only
for composite work)
‘Valid’ Electrical Contractor license issued by Government is required for other than OEM or their
Authorized Agency for all Electrical works. The verified / attested copy of the competency certificate
of each inspector authorized to execute the electrical work is required to be submitted to
the Electrical work In-charge before starting of the electrical work.
a) If the tenderer engaged associate electrical contractor, he / they is / are required to submit
legally enforceable agreement dully signed with the associated electrical contractor before
signing of the contractor agreement with Railway in the form of MOU as per Proforma of tender
document. MOU must be on the non-judicial stamp paper duly notarized of Rs.100/- or as per
the stamp Act of the concerned State.
b) The main tenderer shall be responsible for acts of commission and omission of the associate
electrical contractor. The entire electrical work is to be executed by the associate electrical
contractor only and no change shall be allowed in associated electrical contractor during
currency of the contract. However in case of any force majeure, competent authority may permit
another eligible associate electrical contractor.
c) Electrical portion of works shall be supervised, test checked, billed / paid after recording of
measurements in separate MB by electrical supervisors / officers as decided by the Dy.CEE(W)/AII .
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Tender No. EL-50-01-2024-25
SPECIAL CONDITION OF CONTRACT- I
1. All the material, to be used, shall be as per their relevant IS. The testing of wiring shall be carried out jointly by
contractor & representative of Rly. before energizing & test certificate shall be submitted duly signed by contractor &
Rly. Representative.
2. The contractor shall have to submit the dealer’s certificate in respect to items to ascertain the genuineness.
3. The contractor will take all safety measures during execution of work by providing all safety tools & accessories. The
work shall be done as per IE rule & after taking proper shut down from the concerning SSE.
4. Regarding genuineness of the component Rly. may ask the representative of manufacturer to inspect the material if
required.
5. The contractor shall have to make his own arrangement for transportation of his materials, tools, labour etc. at site for
execution of work.
6. The samples of the material shall be got approved by competent authority before execution of the work.
7. The contractor shall ensure that during the executions of the work either he himself remain present at the site or his
responsible Electrical Engineer/Supervisor (Degree holder/Diploma holder/ ITI holder/Staff) should remain present
with sufficient workmen for the execution of the work and shall maintain proper Co-ordination with this office for day to
day planning & executions of the work which is to be completed within the targeted period.
8. The tenderer should have his own permanent establishment independent office with phone facility & shall deploy
sufficient staff at site for timely completion of the work.
9. Before starting the work, the contractor will also seek permission from the occupier of the shop and will observe all the
safety rules in-force.
10. Completion period: Work will have to be completed in all respect within 05 Months from the date of issue of
acceptance letter.
Time is the essence of contract and the entire work should be completed within 05 Months from the date of issue of
acceptance letter including monsoon. No extra time allowance for monsoon etc. if any intervening within the currency
of the contract shall be admissible.
In case of “accident/natural calamities involving human lives” vehicles and equipment of contractors can be drafted by
Railway Administration. For payment purposes, the item may be operated as a Non-Schedule (NS) items as per the
existing norms and powers delegated to the Railways: and the following information as per Rly. Bd’s L.No.2003/Elec
(G)/113/4 dt. 8-8-2003 is to be furnished in following Performa by the contractor positively.
11. Terms of payment: 1. Payment of 70% of NS items on receipt and acceptance of material at site.
2. Payment of 20% of NS items on successful installation of material.
3. Payment of balance 10% of NS items on successful commissioning.
12. Maintenance/Guarantee/Warranty Period: The Maintenance/Guarantee/Warranty period for the above work is 12
Months from the certified date of completion against any defect of design / manufacture / commissioning /
Maintenance / Servicing during the period of warranty for the work done by him and material provided by him. The firm
should attend complaint and rectify problems during guarantee period free of cost promptly and satisfactorily.
“ANNEXURE - I”
(Para 20.2 of Section IV)
Date:
Signature of Tenderer/s with Seal
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Tender No. EL-50-01-2024-25
“ANNEXURE -II”
[Para 10.1 of Section II, (Second Sheet) ]
Details of works of similar nature physically completed in all respect as per contract
agreement in last three and current financial year as on date……………….
S Name Name of Type of Contr Orig Final Time taken for completion Principal
N of organization organizatio act inal valu Payment of work feature
work for whom n for whom Agree valu e of received of the
work work ment e of cont till work in
physically executed No. & cont ract opening brief
completed Date ract as of Date of Date of
agr com present award of actual
ee plete tender contract complet
me d (On ion
nt account
/final bill)
1 2 3 4 5 6 7 8 9 10 11
1.
2.
Note:-
(i) Above detail should be given only for works which have been physically completed in all respects. Part
completed work shall not be considered.
(ii) Certificate from Private individual for whom such works are executed shall not be Considered for
eligibility of tenderers.
(iii) The tenderers should attach self attested copy of certificate issued by the organizations for whom the
work was carried out in the proforma as per Annexure-IIIA.
(iv) Not more than five certificates should be attached.
(v) In column 4 type of organization is to be mentioned viz Central/ State Governments/Public Sector
Undertaking/Public Funded Institutions/Municipal Bodies/Railways Siding owners/Concessionaire.
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Tender No. EL-50-01-2024-25
“ANNEXURE-III(A)”
[Para 10.1 of Section II, (Second Sheet) ]
COMPLETION CERTIFICATE
Name of Organization
Postal address, Phone No., Email ID, Fax No
(Signature)
Name and Designation of officer
Mobile No. of officer
Seal of officer
Note:- (i) Submission of false certificates by tenderer shall lead to, forfeiture of Bid Security and other action
including penal action (Annexure-A).
(ii) Copy of certificate duly self attested shall be submitted along with tender document.
(iii) Payment made as indicated in above certificate (At Sr. No. 9/ Sr. No. 10) will be considered as
value of completed work for the purpose of eligibility under 10.1 (a) of Instructions to tenderers
and conditions of tender.
(iv) Above format is for guidance only. Any certificate containing information asked for shall be
considered.
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Tender No. EL-50-01-2024-25
“ANNEXURE-III-(B)”
[Para 10.1 of Section II, (Second Sheet) ]
COMPLETION CERTIFICATE
(If the work is awarded by Concessionaire)
Name of Concessionaire
Address and Contract details i.e. Phone No. FAX, e-mail.
Note:-
(i) Submission of false certificates by tenderer shall lead to, forfeiture of Bid Security and other action
including penal action (Annexure-A).
(ii) Copy of certificate duly self attested shall be submitted along with tender document.
(iii) Payment made as indicated in above certificate (At Sr. No. 9/ Sr. No. 10) will be considered as value of
completed work for the purpose of eligibility under Para 10.1 (a) of Instructions to tenderers and conditions
of tender.
(iv) Above format is for guidance only. Any certificate containing information asked for shall be considered
(v) An self attested copy of LOA and concessionaire agreement executed between concessionaire &
Authority at Sr. No 1 above shall be submitted along with this completion certificate.
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Tender No. EL-50-01-2024-25
“ANNEXURE-IV”
LIST OF AWARDED WORKS UNDER EXECUTION
Place:
Dated:
** The contents in Italics are only for guidance purpose. Details as appropriate are to be filled in suitably by
tenderer.
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Tender No. EL-50-01-2024-25
“ANNEXURE V(A)”
[Reference-Para 6.1 of ITT]
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 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:
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Tender No. EL-50-01-2024-25
“ANNEXURE-VI”
[Para 11 (iii) of Section II, (Second Sheet) ]
List of Personnel, Organization available on hand and proposed to be engaged for the
subject work.
Signature of Tenderer/s
Dated:--------------------
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Tender No. EL-50-01-2024-25
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).
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.
Witness:
Note: All italicized text is for guidance on how to prepare this bank guarantee and shall be
deleted from the final document.
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Tender No. EL-50-01-2024-25
Annexure –VII
[Para 10.2 of Section II, (Second Sheet) ]
Reference -Para 10.2 & 17.15.2 of Tender Form (Second Sheet) of Annexure I of ITT
AFFIDAVIT
That I am the “Sole Proprietor” of the firm working in the name & style of M/s……………………….
(Indicate Name – Proprietary firm) at ……………
Deponent
VERIFICATION
I, the above named deponent do hereby solemnly affirm & verify that the contents of
my above affidavit are true & correct. Nothing has been concealed and no part of it is false.
Deponent
Date :-
Note:- The stamp duty shall be governed by the provision of the Law relating to stamp in force in
that State at the time when such AFFIDAVIT is being executed. Affidavit shall be affirmed before
the Notary Public.
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Tender No. EL-50-01-2024-25
“ANNEXURE-IX”
(Para 17.6 of Section II, (Second Sheet))
MEMORANDUM OF UNDERSTANDING FOR JV
(The memorandum of understanding shall be submitted in following format on the non judicial stamp of Rs.100/-
duly notarized)
NOW THIS Memorandum of Understanding is executed at ……………. (Name of Place) on this date …………
(DD/MM/YY) between M/s ……………….(Name of first constituent and address) as the first party represented by Shri
…………………and M/s……………… (Name of 2nd constituent and address )represented by Shri……………….. as the
second party and so on 3rd, 4th & 5th subsequent parties (the expression and words of first and second and other shall
mean and include their heirs successors, assigns, nominees, execution, administrators and legal representatives
respectively) .
WHEREAS all the parties are engaged mainly in the business of execution of Civil Engineering and general
contracts for various Government Departments and organizations.
AND WHEREAS the parties herein above mentioned are desirous of entering into a joint venture for carrying
out civil engineering and/or contract works in connection with Tender No. ……… (Name of work)…………… “as mutually
decided between members of Joint Venture Agreement.
That we M/s………….. (JV firm) on behalf of all members of this joint venture agreement agreed that M/s
………………… will be “Lead Partner” of this Joint Venture.
That under this MOU, the work will be done jointly by M/s ………….. the first party and M/s ………………… the
second and so on ………..in the name and style of …………….(Name ) ( joint venture firm).
That we JV firm M/s …………………………. on behalf of all the members of JV firm shall be legally liable,
severally and jointly responsible/ liable for the satisfactory/ successful execution/ completion of the works
including maintenance period in all respects and in accordance with terms and conditions of the contract.
That we M/s JV firm…………………………….. on behalf of all the members of the JV firm to which the
contract is awarded, shall be jointly and severally liable to the Employer (Railways) for execution of the project
in accordance with General and Special Conditions of the Contract. The JV members shall also be liable jointly
and severally for the loss, damages caused to the Railways during the course of execution of the contract or
due to non-execution of the contract or part thereof.
M/s ……………………(Name of Lead Firm ) of JV firm shall be the lead member of the JV firm who shall have
a majority ……………..% share of interest in the JV firm. The other (One/Two) members shall have following
share: - M/s ………….. (Name of Second Firm) have ……. % and M/s ………….. (Name of Third Firm if any )
have ………% share of interest in the JV Firm.
That this JV shall be valid during the entire currency of the contract including the period of extension, if any ,and
the maintenance period after the work is completed.
That we all the Joint Venture members authorize M/s ………………………….…one of the members on behalf of
the JV firm to deal with the tender, sign the agreement or enter into contract in respect of the said tender, to
receive payment, to witness joint measurement of work done, to sign measurement books and similar such
action in respect of the said tender/contract. All notices/ correspondence with respect to the contract would be
sent to this authorized member………………………. (address) of the JV firm.
That no member of the JV shall have the right to assign or transfer the interest right or liability in the contract
without the written consent of the other members and that of the employer (Railways) in respect of the said
tender/contract.
That we all the members of the JV certify that we have not been black listed or debarred by Railways or any
other Ministry/Department /PSU (Public Sector Undertaking) of the Govt. of India/ State Govt. from participation
in tenders/contract in the past either in our individual capacity or as a member of the JV firm or partnership firm
in which they were members/partners.
That this Joint Venture MOU shall in all respect be governed by and interpreted in accordance with Indian Laws.
Now the parties have joined hands to form this MOU on this date ……….. (DD/MM/YY) with reference
to and in confirmation of their discussions and understanding brought on record on date ………. (DD /MM /YY).
In witness thereof all/both the above named parties have set their respective hands on this mou on
the day, month and year first above mentioned, in the presence of the following witnesses:-
1.First party (authorized signatory)
2.Second party (authorized signatory)
3.Third party (if any) (authorized signatory)
With Seal of parties
Witnesses with name & address:-
1………………………………….2………………………...
Date……
Place…….
NOTE :- Should MOU be in more than one separate page, each page shall be signed by the authorized
signatory.
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Tender No. EL-50-01-2024-25
“ANNEXURE-X”
(Para 17.12 etc. of Section II(Second Sheet))
“LETTER OF CONSENT”
Note:- The stamp duty shall be governed by the provision of the Law relating to stamp in force in that State at the time. It
shall be duly attested by Notary Public.
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Tender No. EL-50-01-2024-25
“ANNEXURE-XI”
{Para 14 of Section II (Second Sheet)}
“T.No………………………Name of work…………………………………
……………………………………………………………………..…………………””
We/ I have read the content of this Special Power of Attorney & accept the same, and We/ I hereby agree to
ratify & confirm & do hereby ratify & confirm all acts, deeds & things lawfully done or caused to be done by our said
Attorney.
Place:…………….
Date :-………….
Note:- The stamp duty shall be governed by the provision of the Law relating to stamp in force in that State at the time
when such Power of Attorney is being executed. Power of Attorney shall be duly attested by Notary Public.
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Tender No. EL-50-01-2024-25
“ANNEXURE-XII”
{Para 14 of Section II (Second Sheet)}
BE IT KNOWN to me that I Sole Proprietor of the firm …………………… having its registered office at
…………..………. do hereby, for and on behalf of the said firm appoint Shri………………………… (name & designation)
Special Attorney of the said firm and authorize the said Shri…………….…………… (name) whose specimen signature
are appended below, to do all or any of the following acts deeds and/or things on behalf of the said firm and to represent
the firm in respect for the tender No…………………………. (Name of work)…………………………… invited by North
Western Railway.
To appear before office of North Western Railway related to the process of tendering for the above said tender.
To procure/download the tender documents for the above said tender.
To sign the above said tender documents and submit the offer to North Western Railway.
To attend meetings and submit clarifications including negotiations, if any, called by North Western Railway.
I have read the content of this Special Power of Attorney & accept the same and I hereby agree to ratify &
confirm & do hereby ratify & confirm all acts, deeds & things lawfully done or caused to be done by our said Attorney.
I further state that if my offer for the above said tender is accepted then, for day to day execution of work and
contract agreement a separate Power of Attorney will be submitted.
Note:- The stamp duty shall be governed by the provision of the Law relating to stamp in force in that State at the time
when such Power of Attorney is being executed. Power of Attorney shall be duly attested by Notary Public.
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Tender No. EL-50-01-2024-25
“ANNEXURE-XIV”
{Para 14 of Section II (Second Sheet)}
SPECIAL POWER OF ATTORNEY
To appear before office of North Western Railway related to the process of tendering for the above said tender.
To procure/download the tender documents for the above said tender.
To sign the above said tender documents and submit the offer to North Western Railway.
To attend meetings and submit clarifications including negotiations, if any, called by North Western Railway.
We have read the content of this Special Power of Attorney & accept the same and We hereby agree to ratify &
confirm & do hereby ratify & confirm all acts, deeds & things lawfully done or caused to be done by our said Attorney.
We further state that if our offer for the above said tender is accepted then, for day to day execution of work and
contract agreement a separate Power of Attorney will be submitted.
DATE ………
Place ……… Seal of Firm
Note:- The stamp duty shall be governed by the provision of the Law relating to stamp in force in that State at the time
when such Power of Attorney is being executed. Power of Attorney shall be duly attested by Notary Public.
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Tender No. EL-50-01-2024-25
“ANNEXURE-XV”
(Wherever prescribed in Tender Document)
MODEL FORM OF BANK GUARANTEE BOND FOR PG
Dy.FA&CAO(W&S)/NWR/Ajmer
1. In consideration of the President of India (hereinafter called “the Government”) having agreed to exempt – (Name
& address)-------------(hereinafter called “the said Contractor(s)” from the demand, under the terms and conditions
of an LOA/Agreement dated -------- made between ---------- and Dy.CEE(W)/AII, NW Railway for -----------
(hereinafter called “the said Agreement”), of security deposit for the due fulfilment by the said Contractor(s) of the
terms and conditions contained in the said Agreement, on production of a bank Guarantee for Rs.------- (Rupees-
-----------------only) we, ----------------------- (hereinafter referred to as “the Bank” at the request of --------------
(contractor(s) do hereby undertake to pay to the Government an amount not exceeding Rs. ---------- --against any
loss or damage caused to or suffered or would be caused to or suffered by the Government by reason of any
breach by the said Contractor(s) of any of the terms or conditions contained in the said Agreement.
2. We------------------------------------(indicate the name of the bank) and our local branch at Ajmer i.e. ………….
(name, address and branch code of local branch at Ajmer) do hereby undertake to pay the amounts due and
payable under this guarantee without any demur, merely on a demand from the Government stating that the
amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the
Government by reason of breach by the said contractor(s) of any of the terms of conditions contained in the said
Agreement or by reason of the contractor(s) failure to perform the said Agreement. Any such demand made on
the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee.
However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. -------------
3. We under-take to pay to the Government any money so demanded notwithstanding any dispute or disputes
raised by the contractor(s)/supplier (s) in any suite or proceeding pending before any court or Tribunal relating
thereto our liability under this present being absolute and unequivocal .
The payment so made by us under this bond shall be a valid discharge of our liability for payment there under
and the contractor(s)/supplier(s) shall have no claim against us for making such payment.
4. We……………………….……..(indicate the name of bank) and our local branch at Ajmer i.e.
………………………………. (name, address and branch code of local branch at Ajmer) further agreed with the
guarantee herein contained shall remain in full force and effect during the period that would be taken for the
performance/of the said Agreement and that it shall continue to be enforceable till all the dues of the Government
under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till ---------
(office/Department) Ministry of ------------ certifies that the terms and conditions of the said Agreement have been
fully and properly carried out by the said Contractor(s) and accordingly discharges this guarantee. Unless a
demand or claim under this guarantee is made on in writing on or before the ------------ we shall be discharged
from all liability under this guarantee thereafter.
5. We………………………………………..(indicate the name of bank) and our local branch at Ajmer i.e.
………………………………………. (name, address and branch code of local branch at Ajmer) further agree with
the government that the Government shall have the fullest liberty without our consent and without affecting in any
manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend
time of performance by the said contractor(s) from time to time or to post opens for any time or from time to time
any of the powers exercisable by the Government against the said, Contractor(s) and to further or enforce any of
the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason
of any such variation, or extension being granted to the said Contractor(s) or for any forbearance, act or
commission on the part of the Government or any indulgence by the Government to the said Contractor(s) or any
such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect
of so relieving us.
6. This guarantee will not be discharged due to the change in the constitution of the bank or the
contractor(s)/Supplier(s).
7. We ----------------------------------------(indicate the name of bank) and our local branch at Ajmer i.e. ………………….
(Name, address and branch code of local branch at Ajmer) lastly undertake not to revoke this guarantee during
its currency except with the previous consent of the Government in writing.
Dated the----------- day of ---------20____
For ____________________(indicate the name of bank) and our local branch at Ajmer i.e. ……………………….
(Name, address and branch code of local branch at Ajmer)
62
Tender No. EL-50-01-2024-25
“Annexure-XVI”
(Para 6.3.3 of Section IV)
INDEMNITY BOND
Indemnity Bond for safe custody of Railway materials to be supplied to
M/s._______________________________ under Tender no.____________________________.
We, M/s.____________________ (hereinafter called the Contractor) do hereby undertake that we shall hold
in our custody for and on behalf of the President of India acting in the premises through the General
Manager, Western Railway or for him all Railway materials which have been handed over to us against the
contract for Tender no. __________dt._____ for the work of
“______________________________________________________” by the Railway for the purpose of
execution of the said contract until such time the materials are duly installed and/or erected or otherwise
handed over to the Railway.
We shall be entirely responsible for the safe custody and protection of the said materials against all risk till
they are duly delivered as installed and/or erected equipment to the Railway or as directed otherwise and
shall indemnify the Railway against any loss, damage or deterioration whatsoever in respect of the said
materials. The said materials shall at all time be opened to Inspection by any Officer authorized by the
General Manager, North Western Railway or his nominee.
Should any loss, damage or deterioration of materials occur or surplus materials disposed off and a refund
becomes due, the Railway shall be entitled to recover from us the full cost and compensation determined in
terms of the contract for such loss or damage, if any, along with the amount to be refunded without prejudice
to any other remedies available to him by deduction from any sum due or any sum which at any time
thereafter becomes due to us under the said or any other contract.
In the event of any loss or damage as aforesaid the assessment of such loss or damage and the
assessment of the compensation therefore would be made by the President of India acting through the
General Manager, Western Railway or his authorised nominee shall be final and bind upon us.
Signed at _____________________________
on this day of __________________________________
Signature of Witness: ___________________________
for & on behalf of ____________________________
M/s._______________________________
Name of Witness in
BLOCK LETTERS
ADDRESS:
63
Tender No. EL-50-01-2024-25
Annexure – A
[Para 11 (iii) of Section II, (Second Sheet) ]
List of Plants & Machinery available on hand and proposed to be inducted (Own and hired
to be given separately) for the subject work
Sr. Particulars of No. Kind Capacity Age & Owned by Proposed to purchased
No. Plants/Machinery of and Conditions firm Date of placing of order Iikely date of receipt
Unit make
1 2 3 4 5 6 7 8 9
1
Note:
(a) Indicate clearly, whether (i) Owned by firm, or (ii) to be purchased by firm giving date
of placing order and likely date of receipt .
(b) Optimum Plants and Machineries required to be deployed during execution of work.
Signature of Tenderer/s
Dated:--------------------
64
Tender No. EL-50-01-2024-25
Annexure-B
{Para 10.3 of Section II (Second Sheet)}
TENDERER’S CREDENTIALS (BID CAPACITY)
NW 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:.
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 the 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
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.
(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.
65
Tender No. EL-50-01-2024-25
Special Conditions for option to take payment from Railway through letter of Credit (LC) in
Works Tenders or Service Tenders
(1) For all the tenders having advertised cost of Rs. 10 lakh or above, the contractor shall have the
option to take payment from Railway through a letter of credit (LC) arrangement.
(ii) This option of taking payment through LC arrangement has to be exercised in IREPS(Indian
Railway Electronic Procurement System – the e-application on which tenders are called by
Railways by the tenderer at the time of bidding itself, and the tenderer shall affirm having read
over and agreed to the terms and conditions of the LC option.
(iii) The option so exercised shall be an integral part of the bidder’s offer.
(iv) The above option of taking payment through LC arrangement, once exercised by the tenderer
at the time of bidding, shall be final and no change shall be permitted, thereafter, during execution
of contract.
(v) In case tenderer opts for payment through LC, following shall be the procedure to deal release
payment through LC:
(b) The contractor shall select his Advising/Negotiating bank for LC. The incidental cost towards
issue of LC and its operation thereof shall be borne by the contractor.
(a) SBI, New Delhi, main Branch will be the nodal branch for issue of LC’s based on online
request received from railway Accounts Units for tenders opened in financial year 2018-19.SBI
branches where the respective Railway Accounts office has its Account (local SBI branch) will be
the issuance/reimbursing branch for LC issued under this arrangement. The Bank shall remain
same for this tender till completion of contract. The incidental cost @0.15% per annum of LC
value, towards issue of LC and operation thereof shall be borne by the contractor and shall
be recovered from his bills.
(d) The LC shall be opened initially for duration of 180 to 365 days in consultation with contractor.
The LC shall be extended time to time as per the progress of the contract, on the request of the
contractor. The value of LC to be opened initially as well as extended thereafter shall be finalized
by the engineer in consultation with the contractor on the basis of expected progress of work.
(e) The LC terms and conditions shall inter-alia indemnify and save harmless the Railway from and
against all losses, claims and demands of every nature and description brought or recovered
against the Railways by reason of any act or omission of the contractor, his ,agents or employees,
in relation to the Letter of Credit (LC). All sums payable/borne by Railways on this account shall be
considered as reasonable compensation and paid by contractor.
(f) The LC terms and conditions shall inter-alia provide that Railways will issue a Document of
Authorization (format enclosed as Annexure 2) after passing the bill for completed work, to enable
contractor to claim the authorized amount from their bank.
(g) The acceptable, agreed upon document for payments to be released under the LC shall be the
Document of Authorization.
66
Tender No. EL-50-01-2024-25
(h) The Document of Authorization shall be issued by Railway Accounts Office against each bill
passed by Railways.
(j) The contractor shall take print out of the Document of Authorization available on IREPS and
present his claim to his bank (advising Bank) for necessary payments as per LC terms and
conditions. The claim shall comprise of copy of Document of Authorization, Bill of Exchange and
Bill.
(k) The payment against LC shall be subject to verification from Railway's Bank (Local SBI
Branch).
(I) The contractor's bank (advising bank) shall submit the documents to the Railway's Bank (Local
SBI Branch).
(m) The railway's bank (issuing bank) shall, after verifying the claim so received w.r.t. the digitally
signed Document of Authorization received from Railway Accounts Office, release the payment to
contractor's bank (advising bank) for crediting the same to contractor's account.
(n) Any number of bills can be dealt within one LC, provided the sum total of payments to
contractor is within the amount for which LC has been opened.
(0) The LC shall be closed after the release of final payment including PVC amount, if any, to the
contractor.
(p) The release of performance guarantee or security deposit shall be dealt directly by railway with
the contractor i.e., not through LC.
For opening of LC, executive department shall make a request letter to concerned Accounts
department on a format, placed at Annexure – 1
Office of --------Railway
No. Dated _
Sub: Opening of LC
Ref: Supply Order/ Contract Agreement No .
It is requested to open a sight LC against the above referred Order/ Agreement in favour of
__________________ . The details of beneficiary are as under:
(i)Name of Contractor/Supplier
(ii)Vendor Code
(iii)Address
(iv) Tender No.
(v) Contract Agreement No.
(vi) Description of Goods/ Service
(vii)Value of Contract
(viii)Stages of payment
(ix) Expected payment within 6 months (LC Amount)
(x)Beneficiary bank details:
a) Bank name
b) Address
c) Account No.
d) IFSC code
It is certified that the supplier/ contractor has exercised the option of taking payment due
against the tender, through LC arrangement in lREPS portal at the time of bidding itself and the
option has been flagged in the IREPS. This has the approval of _
(Signature )
Name -
Designation-
Official Seal
68
Tender No. EL-50-01-2024-25
Annexure - 2
LCDA No. (18 DIGIT IPAS GENERATED NO.)
Dated: _
DOCUMENT OF AUTHORIZATION
The beneficiary of the aforementioned Letter of Credit M/S ………(NAME AND VENDOR
CODE:)………………... ... (Vendor Code …………….as per IRPES……………... ) is entitled to receive
payment. aggregating INR .. …………. (FROM ABSTARCT OF BILL PASSED) out of a total LC amount of
INR ... (FROM MASTER TABLE OF LC OPENED)……………. against the first/second" commercial Invoice
No.( FROM IPAS) ………...dated…………...FROM IPAS……. for INR (FROM IPAS )…………….. raised
against the above contract from State Bank of India ……………..(branch - FROM LC MASTER
TABLE)………... on the strength of this Certificate.
The details or payments already made to the beneficiary under this Letter or Credit are as follows:
SN Invoice No. Invoice date Invoice LCDA No. LCDA date Amount Paid
Amount (INR) (INR)
Total Paid
-End of document-