0% found this document useful (0 votes)
11 views134 pages

Signature Not Verified

The Northern Railway Standard Tender Document-2022 outlines the instructions and conditions for tenderers participating in the tender process for railway works. It includes details on eligibility criteria, submission requirements, and the evaluation process, as well as various annexures related to contract agreements and performance guarantees. The document emphasizes the importance of understanding the terms and conditions and conducting independent assessments by the tenderers.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
11 views134 pages

Signature Not Verified

The Northern Railway Standard Tender Document-2022 outlines the instructions and conditions for tenderers participating in the tender process for railway works. It includes details on eligibility criteria, submission requirements, and the evaluation process, as well as various annexures related to contract agreements and performance guarantees. The document emphasizes the importance of understanding the terms and conditions and conducting independent assessments by the tenderers.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 134

Northern Railway Standard Tender Document-2022

STANDARD TENDER DOCUMENT


ENGINEERING DEPARTMENT
NORTHERN RAILWAY
INDEX
PART- I

INSTRUCTIONS TO TENDERERS (ITT)


TENDER No. OT-173–SR.DEN-III/UMB/2023-24 TO BE OPENED ON 10.11.2023 (E-TENDERING)
Para Sub Para Subject
Disclaimer
1.0 Meaning of Terms
1.01 Applicability
1.02 Order of Precedence of documents
1.1 Interpretation
1.2 Definition
1.3 Singular and Plural
2.0 Tenders for Works
2.1 e-Publishing
2.2 Validity of Tender
2.3 Amendment of Tender Document
3.0 Care in Submission of Tenders
3.1 Tenderer Constitution and Requirement of Authorized Signatory
3.2 Cost of Tender Document
3.3 Bid Security
3.4 Work of Similar Nature
3.5 Eligibility Criteria
3.5.1 Technical Eligibility Criteria
3.5.2 Financial Eligibility Criteria
3.5.3 Credential for works up to Rs. 50 lakhs
3.5.4 Credential if submitted in foreign currency
3.5.5 Explanation for clause 3.5.1 to 3.5.4- Eligibility Criteria

Signature Not Signature of Tenderer Page 1 of 134 Signature of tender inviting authority
Verified
Digitally signed by
PARVEEN KUMAR
Date: 2023.10.18
13:26:32 IST
Reason: IREPS-CRIS
Location: New Delhi
Northern Railway Standard Tender Document-2022

3.5.6 Relaxation to Eligibility Criteria for Startups.


3.5.7 Eligibility criteria for bidder from a country sharing land border with
India
3.6 Bid Capacity
3.7 Documents to be submitted along with Tender
3.7.1 Partnership Deeds, Power Of Attorney etc
3.7.2 Sole Proprietor Firm
3.7.3 Partnership Firm
3.7.4 Company registered under companies Act- 2013
3.7.5 LLP ( Limited Liability Partnership Firm )
3.7.6 Registered Societies & Registered Trust
3.7.7 Guidelines for Joint Venture (JV)
3.8 Test of Responsiveness
3.9 Conflict of Interest
3.10 Fraud & Corrupt Practice
3.11 Confidentiality
3.12 Employment/Partnership etc. of Retired Railway Employee
3.13 Miscellaneous
3.14 Preparation & Submission of Documents
3.15 Credential/ Approved list of contractors
3.16 Tenderer’s Credentials
4.0 Consideration of Tenders
4.1 Right of Railway to Deal with Tender
4.1(A-C) Two Packet system of Tendering
4.2 Opening of Tender
4.2 A Electronic Reverse Auction (E-RA)
4.3 Conditional offer and alternative proposals by Tenderers
4.4 Withdrawal of Offer
4.5 Omissions, Discrepancies & Clarification
4.6 Evaluation of Tender/ Bids
5.0 Contract Document
5.1 Execution of Contract Document
5.1A Performance Guarantee
5.2 Form of Contract Document

Signature of Tenderer Page 2 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

5.3 Applicable charges/recoveries/Advance etc


5.4 Special Conditions of Contract for mandatory updationof Labour data
on Railway’sshramikkalyan portal by Contractor
6.0 Applicability of part-II of GCC-2022
Annexures :
Annexure-I Standard Tender Documents
Annexure-II Agreement for Zone Contract
Annexure-III Work Order Under Zone Contract
Annexure-IV Form for Contract Agreement Of Works
Annexure-V Work order for works
Annexure-VI Work order for works (Composite work)
Annexure-VII Tenderer’s Credentials (Bid Capacity)
Annexure-VIIA Bank Guarantee Bond from any scheduled commercial bank of India
Annexure-VIIB Annual Contractual Turnover Data for the Previous 3/4 Years
(Contractual Paymentonly)
Annexure-VIII Guidelines for submitting tender by Partnership Firm
Annexure-IX Details of plant and machinery already available with the firm
Annexure-X List of engineers/personal
Annexure-XI Statement of works being executed in hand by contractor
Annexure-XII Details of Beneficiary for Electronic transfer
Annexure-XIII Applicable charges/ recoveries/Advances

Annexure-XIV Proforma for time extension


Annexure-XV Certificate of Fitness
Annexure-XVI Proforma of 7 Days’ Notice for works
Annexure-XVII Proforma of 48 Hrs. Notice
Annexure-XVIII Proforma of Termination Notice
Annexure-XIX Proforma of 48 Hrs. Notice (Part Termination)
Annexure-XX Proforma of termination Notice (Part Termination)
Annexure-XXI Check list to be filled
Annexure-XXII Final supplementary Agreement
Annexure-XXIII Agreement toward Waiver

Signature of Tenderer Page 3 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

Annexure-XXIV Format for affidavit to be submitted/uploaded by tenderer along


with the tenderdocuments
Annexure-XXV Certification by Arbitrators appointed under Clause 63 & 64 of Indian
Railways GeneralConditions of Contract
Annexure-XXVI Performance Guarantee Bond

Annexure–XXVII Bid Security Declaration


Annexure–XXVIII Eligibility criteria for bidder from a country sharing land border with
India:

PART - II
STANDARD GENERAL CONDITIONS OF CONTRACT
# Standard General Conditions of Contract Part-II OF GCC 2022 will beapplicable on the
STD.
# Content of the same may be downloaded from Railway Board’s website
www.indianrailways.gov.in/railwayboard

DISCLAIMER

The information contained in this tender document or subsequently provided to


the Tenderers, whether verbally or in documentary form by or on behalf of the Northern
Railway, their employees, is provided to the Tendererson the terms and conditions set out in
the tender document and all other terms and conditions subjected to which such
information is provided.

The purpose of the tender document is to provide the Tenderers with


information to assist in the formulation of their Proposal. The tender document does not
purport to contain all the information for all the persons, and it is not possible for Northern
Railway, their employees to consider the business/investment objectives, financial situation
and particular needs of each tenderer who reads or uses this tender document. Each
tenderer should conduct its own investigations, inspection and analysis, and should check
the accuracy, reliability and completeness of the information in the tender document and
wherever necessary obtain independent advice from appropriate sources. Northern Railway,
their employees make no representation or warranty and shall incur no liability under any
law, statute, rule or regulation as to the accuracy, reliability or completeness of the tender
document.

Signature of Tenderer Page 4 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
PART-I
INSTRUCTIONS TO TENDERERS (ITT)

1 Meaning of Terms
1.01 Applicability: These Instructions and conditions of contract shall be applicable for all
the tenders and Contracts of Railways for execution of ‘Works’ as defined in GFR
2017.
1.02 Order of Precedence of Documents: In a contract agreement, in case of any difference,
contradiction, discrepancy, with regard to Conditions of tender/contract, Specifications,
Drawings, Bill of quantities etc., forming part of the tender/contract, the following shall be
the order of precedence:

i. Letter of Award/Acceptance(LOA)

ii. Bill(s) of Quantities

iii. Special Conditions of Contract

iv. Technical Specifications as given in tender documents

v. Drawings

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

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

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

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

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


tender or as otherwise specified in the tender documents.

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

Signature of Tenderer Page 5 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
1.1 Interpretation: These Instructions to Tenderers (ITT) shall be read in conjunction with the
Standard General Conditions of Contract-2022 which are referred to hereinand shall be subject
to modifications additions or suppression by special conditionsof contract and/or special
specifications, if any, annexed to the Tender Forms.

1.2 Definition: In these Instructions to Tenderers (ITT) the following terms shall have the meanings
assigned hereunder except where the context otherwise requires:

(a) “Railway” shall mean the President of the Republic of India or the Administrative
Officers of the Railway or Successor Railway authorized to deal with any matters,
which these presents are concerned on his behalf.

(b) “General Manager” shall mean the Officer-in-Charge of the general


superintendence and control of the Zonal Railway/Production Units and shall also
include Addl. General Manager, the General Manager (Construction) and shall
mean and include their successors, of the Successor Railway.

(c) “Chief Engineer” shall mean the Officer in charge of the Engineering Department
of Railway and shall also include the Chief Engineer (Construction), Chief Electrical
Engineer, Chief Electrical Engineer (Construction), Chief Signal & Telecom Engineer,
Chief Signal & Telecom Engineer (Construction), Chief Mechanical Engineer and
shall mean and include their successors of the Successor Railway.

(d) “Divisional Railway Manager” shall mean the Officer in charge of a Division of the
Zonal Railway and shall mean and include the Divisional Railway Manager of the
Successor Railway.

(e) “Engineer” shall mean the Divisional Engineer or the Executive Engineer, Divisional
Signal & Telecom Engineer, Divisional Electrical Engineer, Divisional Mechanical
Engineer in executive charge of the works and shall include the superior officers of
Open Line and Construction organizations on the Railway of the Engineering, Signal
& Telecom, Mechanical and Electrical Departments, i.e. the Senior Divisional
Engineer/Deputy Chief Engineer/Chief Engineer, Senior Divisional Signal & Telecom
Engineer / Dy. Chief Signal & Telecom Engineer, Senior Divisional Electrical
Engineer / Deputy Chief Electrical Engineer, Senior Divisional Mechanical Engineer
and shall mean & include the Engineers of the Successors Railway.

(f) “Tenderer” shall mean the Person / the Firm /LLP/Trust/ Co-operative Society or
Company whether incorporated or not who tenders for the works with a view to
execute the works on contract with the Railway and shall include their personal
representatives, successors and permitted assigns.

Signature of Tenderer Page 6 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
(g) "Contractor" shall mean the Person/Firm/LLP/Trust/Co-operative Society or
Company whether incorporated or not who enters into the contract with the
Railway and shall include their executors, administrators, successors and permitted
assigns.

(h) "Contract" shall mean and include the Agreement, the Work Order, the accepted
Bill(s) of Quantities or Chapter(s) of Standard Schedule of Rates (SSOR) of the
Railway modified by the tender percentage for items of works quantified, or not
quantified, the Standard General Conditions of Contract, the Special Conditions of
Contracts, if any; the Drawing, the Specifications, the Special Specifications, if any
and Tender Forms, if any.

(i) “Limited Tenders” shall mean tenders invited from all or some Contractors on the
approved or select list of Contractors with the Railway.

(j) “Open Tenders” shall mean the tenders invited in open and public manner and
with adequate notice.

(k) “Works” shall mean the works contemplated in the drawings and Bill(s) of
Quantities set forth in the tender forms and required to be executed according to
the specifications.

(l) “Specifications” shall mean the Specifications for Materials and Works of the
Railway as specified under the authority of the Ministry of Railways or Chief
Engineer or as amplified, added to or superseded by special specifications if any,
appended to the Tender Forms.

(m) “. Standard Schedule of Rates (SSOR) shall mean the schedule of Rates adopted by
the Railway, which includes-

1. “Unified Standard Schedule of Rates of the Railway (USSOR)” i.e. the Standard
Schedule of Rates of the Railway issued under the authority of the Chief Engineer
from time to time, updated with correction slips issued up to date of inviting
tender or as otherwise specified in the tender documents;

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

(n) “Drawings” shall mean the maps, drawings, plans and tracings or prints thereof
annexed to the Tender Forms
Signature of Tenderer Page 7 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
(o) ‘Contractor’s authorized Engineer’ shall mean a graduate Engineer having more
than 3 years experience in the relevant field of construction work involved in the
contract, duly approved by the Engineer.

(p) Date of inviting tender shall be the date of publishing tender notice on IREPS
website if tender is published on website or the date of publication in newspaper
in case tender is not published on website.

(q) “Bill of Quantities” shall mean Schedule of Item(s) included in the tender document
along with respective quantities and rates, accepted by the Railway.

1.3 Singular and Plural: Words importing the singular number shall also include the plural and vice
versa where the context requires.

2 Tender for Works: Tender Forms shall embody the contents of the contract documents either
directly or by reference and shall be as per specimen form,annexure-1. e-Tender Form shall be
issued free of cost to all tenderers.

2.1 E-Publishing: Tender notice and Tender Documents for open Tenders are being published on
Northern Railway website: www.nr.indianrailways.gov.in for general information purpose in
terms of Railway Board letter no: 2014/CE-I/WP/5 Dated: 05.02.2016 & 18.10.2016.

2.2 Validity of Tender: Tender must be open for the period as mentioned in cover letter of Tender
Document. Validity of tender for single packet = 60 days & for two packet system = 90 days.
However, in case Short Notice period of 21 days and 14 days, validity would be 30 days and 20
days respectively. (As per GCC-2022).

2.3 Amendment of Tender Document: Before the deadlines for the submission of Tender Document,
Railway may modify the Tender Document by issuing Addendum/Corrigendum. Tenderers are
advised to down load Tender Documents well in advance to submit the Tender before the
stipulated time. However it is the responsibility of the Tenderer to check any correction or any
modifications (Addendum/Corrigendum) published subsequently in newspapers as well as on web
site and same shall be taken in to account while submitting the Tender. Tenderer shall down load
corrigendum (if any) print it out, sign and attach it with main Tender Document. Railway will not
be responsible for any network error or internet connection as there would be sufficient time to
submit the tender through e-Tendering.

Signature of Tenderer Page 8 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
3.0 Care in Submission of Tenders:
a (i) Before submitting a tender, the tenderer will be deemed to have satisfied himself by
actual inspection of the site and locality of the works, that all conditions liable to be
encountered during the execution of the works are taken into account and that the
rates he enters in the tender forms are adequate and all inclusive to accord with the
provisions in Clause-37 of the Standard General Conditions of Contract for the
completion of works to theentire satisfaction of the Engineer.

a (ii) Tenderers will examine the various provisions of The Central Goods and Services Tax
Act, 2017(CGST)/ Integrated Goods and Services Tax Act, 2017(IGST)/ Union Territory
Goods and Services Tax Act, 2017(UTGST)/ respective state’s State Goods and Services
Tax Act (SGST) also, as notified by Central/State Govt. & as amended from time to
time and applicable taxes before bidding. Tenderers will ensure that full benefit of
Input Tax Credit (ITC) likely to be availed by them is duly considered while quoting
rates.

a (iii) The successful tenderer who is liable to be registered under CGST/IGST/UTGST/SGST


Act shall submit GSTIN along with other details required under
CGST/IGST/UTGST/SGST Act to railway immediately after the award of contract,
without which no payment shall be released to the Contractor. The Contractor shall
be responsible for deposition of applicableGST to the concerned authority.

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

(b) When work is tendered for by a firm or company, the tender shall besigned
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.

3.01 The tenderers shall submit a copy of certificate stating that all their statements/documents
submitted along with bid are true and factual. Standard format of certificate to be
submitted by the bidder is enclosed as Annexure-XXIV. In addition to Annexure-XXIV in
case of other than Company/Proprietary firm. Annexure-XXIV (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.
Signature of Tenderer Page 9 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
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 theTender Document.

3.1 Tenderer Constitution and requirement of Authorize Signatory: The tenderer/s who are
constituents of firm, company, Joint Venture (JV) association or society must forward
attested copies of the constitution of their concern, partnership deed and power of
attorney with their tender as per Tender Form 3 of Tender Document.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, JV association or society as the case may be). The Railway will
not be bound by any power of attorney granted by the tenderer/s or by changes in the
composition of the firm made subsequent to the award of the contract. Para 5 of
Annexure VIII specifies the action to be taken in such matters. The cost of such action,
including legal advice will be chargeable to the Tenderer/ contractor. The mode of
execution of thePower of Attorney should be in accordance with the procedure, if any, laid
down by the applicable law and the charter documents of the executants(s) and when it
is so required the same should be under common seal affixed in accordance with the
required procedure. (Please refer Para 3.7 and Annexure VIII also).
3.2 Cost of Tender Document: The cost of Tender Document (TDC) is not refundable. Failure
to deposit cost of tender will lead to summarily rejection of tender The cost of Tender
documents will be as per Railway Board’s guidelines. However, e-Tender Forms shall be
issued free of cost to all tenderers.

3.3 Bid Security

The tenderer shall be required to submit the bid security with the tender for the due
performance with the stipulation to keep the offer open till such date as specified in the
tender, under the conditions of tender. The Bid Security shall be as under:

Value of the Work Bid Security


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

(i) The Bid Security shall be rounded off to the nearest Rs. 100. This Bid
Security shall be applicable for all modes of tendering.

Signature of Tenderer Page 10 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
(ii) Any firm recognized by Department of Industrial Policy and Promotion (DIPP) as
‘Startups’ shall be exempted from payment of Bid Security deposit detailed
above.

(iii) Labour Cooperative Societies shall submit only 50% of above Bid Security deposit
detailed above.

Note: - 1. Bid Security will be acceptable online though net banking or gateway payment
only in favour of Sr.DFM/NR/…….Division or FA&CAO/NR. The cost of tender
document is not refundable and should not be included withBid Security.

3.3.2 It shall be understood that the tender documents have been issued to the tenderer and the
tenderer is permitted to tender in consideration of stipulation on his part, that after submitting
his tender he will not resile from his offer or modify the terms and conditions thereof in a
manner not acceptable to the Engineer. Should the tenderer fail to observe or comply with the
said stipulation, the aforesaid amount shall be forfeited to the Railway.

3.3.3 If his tender is accepted, this Bid Security mentioned in sub clause 3.3.1(a) above will be
retained as part security for the due and faithful fulfillment of the contract in terms of Clause
16 of the Standard General Conditions of Contract 2022 Part-II. The Bid Security of other
Tenderers shall, save as herein before provided, be returned to them, but the Railway shall
not be responsible for any loss or depreciation that may happen thereto while in their
possession, nor be liable to pay interest thereon.

3.3.4 In case, contractor submits the term deposit receipt/bank guarantee bond towards full
security deposit, the railway shall return the Bid Security so retained to the contractor.

3.3.5 The Bid Security shall be deposited either in cash through e-payment gateway or submitted
as Bank Guarantee bond from a scheduled commercial bank of India or as mentioned in
tender documents. The Bank Guarantee bond shall be as per Annexure-VIIA and shall be valid
for a periodof 90days beyond the bid validity period.

3.3.6 In case, submission of Bid Security in the form of Bank Guarantee, followingshall be ensured:

(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 for
submission of bids.

(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.
Signature of Tenderer Page 11 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022

(iv) The Tender Security shall remain valid for a period of 90 days beyond the validity period
for the Tender.

(v) The details of the BG, physically submitted should match with the details available in the
scanned copy and the data entered during bid submission time, failing which the bid will
be rejected

(vi) The Bank Guarantee shall be placed in an envelope, which shall be sealed. The envelope
shall clearly bear the identification “Bid for the ***** Project” and shall clearly indicate
the name and address of the Bidder. In addition, the Bid Due Date should be indicated
on the right hand top corner of the envelope.

(vii) The envelope shall be addressed to the officer and address as mentioned in the tender
document.

(viii) If the envelope is not sealed and marked as instructed above, the Authority assumes no
responsibility for the misplacement or premature opening of the contents of the Bid
submitted and consequent losses, if any, suffered by the Bidder.

3.4 Similar Nature of Work


The Similar nature of work should be defined in tender notice & Section 3 of Tender Document
in accordance with the Pr. CE Circular no: 610 (Revised-3) circulated vide Head Quarter letter
no: 74-W/0/Pt-XXV/Similar Nature of Works/WA Dated: 22.01.2020 or as amended from time
to time.

3.5 Eligibility Criteria: The Tenderer will be required to meet the following eligibility criteria for which
credentials to be submitted by Tenderer, along with TenderDocuments.
Technical Eligibility Criteria:
(a) The Tenderer must have successfully completed or substantially completed any one of the
following categories of work(s) during last 07 (seven) years, ending last day of month
previous to the one in which tender is invited:
(i) Three similar works costing not less than the amount equal to 30% ofadvertised value
of the tender, or

(ii) Two similar works costing not less than the amount equal to 40% ofadvertised value
of the tender, or

(iii) One similar work costing not less than the amount equal to 60% ofadvertised value
of the tender.

Signature of Tenderer Page 12 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
(b) (i) 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 one of the following
categories of work(s) during last 07 (seven) years, ending last day of month previous to
the one in which tender is invited:

(ii) Three similar works costing not less than the amount equal to 30% of advertised
value of each component of tender, or

(iii) Two similar works costing not less than the amount equal to 40% of advertised
value of each component of tender, or

(iv) One similar work 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.

(b) (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.

(b) (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 (a)
(ii) of Part-II of the Standard General Conditions of Contract or through subcontractor
fulfilling the requirements as per clause 7 of the Standard General Conditions of
Contract Part-II of GCC 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

Signature of Tenderer Page 13 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
proposed for subcontract, costing not less than 35% value of work to be Sublette, in last 5
years, ending last day of month previous to the one in which tender is invited through a
works contract.

Note: for subletting of work costing up to Rs 50 lakh, no previous work experience of


subcontractor shall be asked for by the Railway.

In case after award of contract or during execution of work it becomes necessary for
contractor to change subcontractor, the same shall be done with subcontractor(s) fulfilling
the requirements as per clause 7 of Part-II of the Standard General Conditions of
Contract, with prior approval of Chief Engineer in writing.

Note for 3.5.1:-


Work experience certificate from private individual shall not be considered. However, in
addition to work experience certificate issued by any Govt. Organization, work
experience certificate issue by Public listed company having average annual turnover of
Rs. 500 crore and above in last 3 financial years excluding the current financial year,
listed on National Stock Exchange or BombayStock Exchange, incorporated /registered at
least 5 years prior to the date of closing of tender, shall also be considered provided the
work experience certificate has been issued by a person authorized by the Public
listed companyto issue such certificates.

In case tenderer submits work experience certificate issued by public listed company, the
tenderer shall also submit along with work experience certificate, the relevant copy of
work order, bill of quantities, bill wise details of payment received duly certified by
Chartered Accountant, TDS certificates for all payments received and copy of final/last
bill paid by company in support of above work experience certificate.
3.5.2 Financial Eligibility Criteria:
The tenderer must have minimum average annual contractual turnover of V/N or ‘V’
whichever is less; where
V= Advertised value of the tender in crores of Rupees

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

The average annual contractual turnover shall be calculated as an average of “total


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

The tenderers shall submit requisite information as per Annexure-VIIB, along with copies

Signature of Tenderer Page 14 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
of Audited Balance Sheets duly certified by the Chartered Accountant/ Certificate from
Chartered Accountant duly supported by Audited Balance Sheet. (As per Rly. Board letter
No. 2022/CE-I/CT/GCC-2022/Policy dated 14.07.2022, advanced correction slip No. 1)

3.5.3 No Technical and Financial credentials are required for tenders havingadvertised value
up to Rs 50 lakh.

3.5.4 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.

3.5.5 Explanation for clause 3.5.1 to 3.5.4- Eligibility Criteria: -

1. Substantially Completed Work means an ongoing work in which payment equal to or


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

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

3. If a work is physically completed and completion certificate to this extent is issued by


the concerned organization but final bill is pending, such work shall be considered for
fulfilment of credentials.

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

Signature of Tenderer Page 15 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
In case of substantially completed work, the total gross amount already paid including
the PVC amount (if paid), as mentioned in the certificate, shall be considered as the cost
of substantially completed work.
5. If a bidder has successfully completed a work as subcontractor and the work experience
certificate has been issued for such work to the subcontractor by a Govt. Organization
or public listed company as defined in Note for Item 10.1 Para 10 of the Tender Form
(Second Sheet), the same shall be considered for the purpose of fulfillment of
credentials.

6. In case a work is considered similar in nature for fulfillment of technical credentials,


the overall cost including the PVC amount (if paid) of that completed work or
substantially completed work shall be considered and no separate evaluation for each
component of that work shall be made to decide eligibility.

7. In case of newly formed partnership firm, the credentials of individual partners from
previous propriety firm(s) or dissolved previous partnership firm(s) or split previous
partnership firm(s), shall be considered only to the extent of their share in previous
entity on the date of dissolution / split and their share in newly formedpartnership 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) GCC April
2022 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.
Signature of Tenderer Page 16 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022

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 theirvalue.

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.
3.5.6 Relaxation of Eligibility Criteria for ‘Start-up’ firms: Technical and financial eligibility
criteria mentioned in GCC 2022 shall normally apply to all firms including ‘Start-up’ firms
(recognized by Department of Industrial Policy and Promotion, Ministry of Commerce and
Industry). However, before inviting tender, General Manager, on the recommendation of
PHOD/CHOD of the department inviting tender and associate finance, can relax the
applicability of eligibility criteria to ‘Start-up’ firms (recognized by Department of Industrial
Policy and Promotion, Ministry of Commerce and Industry) on case to case basis.

3.5.7 Eligibility criteria for bidder from a country sharing land border with India:

I. Any bidder from a country which shares a land border with Indian will be eligible to bid in
any tender only if the bidder is registered with the Competent Authority.
II. “Bidder” (including the term ‘tenderer’, ‘consultant; or ‘service provider’ in certain
contexts) means any person or firm or company, including any member of aconsortium or
joint venture (that is an association of several persons, or firms or companies), every
artificial juridical person not falling in any of the descriptions of bidders stated herein
before, including any agency branch or office controlled by such person, participating in a
Signature of Tenderer Page 17 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
procurement process.

III. “Bidder from a country which shares a land border with Indian” for the purpose of this
Order means:-

a. An entity incorporated, established or registered in such a country, or


b. A subsidiary of an entity incorporated, established or registered in a such a
country; or
c. An entity substantially controlled through entities incorporated, established or
registered in such a country ; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A consortium or joint venture where any member of the consortium or joint
venture falls under any of the above.

IV. The beneficial owner of the purpose of (iii) above will be as under:

1. In case of a company or Limited Liability Partnership, the beneficial owner is the


natural person(s), who, whether acting along or together, or through one or more
juridical person, has a controlling ownership interest or who exercises control
through other means.
Explanation-

a. “Controlling ownership interest” means ownership of or entitlement to morethan


twenty-five percent of share or capital or profits of the company,
b. “Control” shall include the right to appoint majority of the directors or to control
the management or policy decisions including by virtue of their shareholding or
management rights or shareholders agreements or voting agreements.

2. In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or more juridical person, has
ownership of entitlement to more than fifteen percent of capital or profits of the
partnership.

3. In case of an unincorporated association or body of individuals, the beneficial


owner is the natural person(s), who, whether acting alone or together, or through
one or more juridical person, has ownership of orentitlement to more than fifteen
percent of the property or capital or profits of such association or body of
individuals;

Signature of Tenderer Page 18 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial
owner is the relevant natural person who holds the position of senior managing
official;

5. In case of a trust, the identification of beneficial owner(s) shall include


identification of the author of the trust, the trustee, the beneficiaries with fifteen
percent or more interest in the trust and any other natural person exercising
ultimate effective control over the trust through a chain of control or ownership.

V. An Agent is a person employed to do any act for another, or to represent another


in dealings with third person.

VI. The successful bidder shall not be allowed to sub-contract works to any contractor
from a country which shares a land border with India unless such contractor
is registered with the Competent Authority.

3.5.8 A certificate shall be taken from bidders in the tender documents regarding their
compliance with this order (Annexure-XXVIII). If such certificate given be a bidder whose
bid is accepted is found to be false, this would be a ground for immediate termination and
further legal action in accordance with law.

3.5.9 In respect of tenders, registration should be valid at the time of submission of bids and at
the time of acceptance of bids. In respect of supply otherwise than by tender, registration
should be valid at the time of placement of order. If the bidder was validly registered at
the time of acceptance/ placement of order, registration shall not be a relevant
consideration during contact execution.

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

NOTE (A): For judging the technical eligibility, financial capability and available bid
capacity only those works which had been executed for the under Government/Semi
Government/PSU shall be considered and the tenderer(s) will submit the certificate to
this effect from the Officer concerned duly signed under the official seal. It should be
noted that credentials for the works executed for Private Individual/Private
Organization except as mentioned in note for 3.5.1 shall not be considered.

3.7 Documents to be submitted along with Tender

3.7.1 Partnership Deeds, Power Of Attorney etc.:

Signature of Tenderer Page 19 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
(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 self-attested copies of the
constitution of their concern, Partnership Deed, copy of PAN Card along with their
tender. Tender Documents in such cases are to be signed by such persons as
may be legally competent to sign them on behalf of the firm, Company, Association,
Trust or Society, as the case may be.
(ii) Following documents shall be submitted by the tenderer

3.7.2 (a) Sole proprietor Firm:

All documents in terms of explanatory notes in clause 3.5 above

(b) HUF:
(i) A copy of notarized affidavit on Stamp Paper declaring that he who is submitting the
tender on behalf of HUF is in the position of ‘Karta’ of Hindu Undivided Family (HUF)
and he has the authority, power and consent given by other members to act on
behalf of HUF.

(ii) All other documents in terms of explanatory notes in clause 3.5 above.

3.7.3 Partnership Firm:

(i) The Tenderer shall submit self-attested copies of (i) registered/ notarized partnership
deed and (ii) Power of attorney (duly registered as per prevailing law) duly authorizing
one or more of the partners of the firm or any other person (s), authorized by all the
partners to act on behalf of the firm and to submit & sign the tender, sign the
Agreement, witness measurements, sign measurement books, receive payment, make
correspondences, compromise, settle/ relinquish any claim (s) preferred by the firm,
sign “No Claim” certificate, refer all or any dispute to arbitration and to take similar
action in respect of all tender/ Contract. Guidelines regarding tenders by Partnership
Firms and their Eligibility Criteria reproduce as Annexure-VIII.

(ii) “Any tender submitted by a partnership firm without enclosing self attested copy of
registered/ notarized partnership deal or power of attorney duly authorizing the
signatory as noted above shall be treated as having beensubmitted by individual signing
the tender documents. 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.”
Signature of Tenderer Page 20 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022

(iii) The Partnership Firms participating in the tender should be legally valid under the
provisions of the Indian Partnership Act.

(iv) The partnership firm should have been in existence or should have been formed prior
to submission of tender. Partnership firm should have either been registered with the
Registrar or the partnership deed should have been notarized as per the Indian
Partnership Act, prior to submission of tender.

(v) 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.

(vi) 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.

(vii) 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.

(viii) The tender form shall be submitted only in the name of partnership firm. The Bid
Signature of Tenderer Page 21 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
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.

(ix) 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.

(x) 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.

(xi) 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.

© Governing laws: The partnership firm agreement shall in all respect begoverned 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 otherpartner/s and that of
the Railway.

(xii) The tenderer shall clearly specify that the tender is submitted on behalf of a

Signature of Tenderer Page 22 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
partnership firm. The following documents shall be submitted by the partnership firm,
with the tender:
(i) A notarized copy of the Partnership Deed or a copy of the Partnership deed
registered with the Registrar.

(ii) A notarized or registered copy of Power of Attorney in favour of the individual to


tender for the work, sign the agreement etc. and create liability against the firm.

(iii) An undertaking by all partners of the partnership firm that they are not blacklisted
or debarred by Railways or any other Ministry / Department of the Govt. of India
from participation in tenders / contracts as on the date of submission of bids,
either in their individual capacity or in any firm/LLP in which they were / are
partners/members. Any Concealment / wrong information in regard to above shall
make the bid ineligible or the contract shall be determined under Clause 62 of the
Standard General Conditions of Contract.

(iv) All other documents in terms of Para 3.5 above.

(xiii) Evaluation of eligibility of a partnership firm:

Technical and financial eligibility of the firm shall be adjudged based onsatisfactory
fulfillment of the eligibility criteria laid down in Para 3.5 above.
3.7.4 Company registered under Companies Act 2013:

(i) The copies of MOA (Memorandum of Association)/AOA (Articles of Association) of


the company.
(ii) A copy of Certificate of Incorporation.
(iii) A copy of Authorization/Power of Attorney issued by the Company (backed by the
resolution of Board of Directors) in favour of the individual to sign the tender on
behalf of the company and create liability against the company.
(iv) All other documents in terms of explanatory notes in clause 3.5 above.

3.7.5 LLP (Limited Liability Partnership) Firm:

If the tender is submitted on behalf of a LLP registered under LLP Act-2008, thetenderer
shall submit along with the tender:
(i) A copy of LLP Agreement
(ii) A copy of Certificate of Incorporation of LLP.
(iii) A copy of Power of Attorney/Authorization issued by the LLP in favour of the
individual to sign the tender/MoU/JV on behalf of the LLP and create liability
against the LLP.
(iv) An undertaking by all partners of the LLP that they are not blacklisted or debarred
Signature of Tenderer Page 23 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
by Railways or any other Ministry / Department of the Govt. of India from
participation in tenders / contracts as on the date of submission of bids, either in
their individual capacity or in any firm/LLP or JV in which they were / are
partners/members. Concealment / wrong information in regard to above shall
make the contract liable for determination under Clause 62 of the Standard
General Conditions of Contract.
(v) All other documents in terms of explanatory notes in clause 3.5 above.

3.7.6 Registered Society& Registered Trust:


The tenderer shall submit:
(i) A copy of the Certificate of Registration
(ii) A copy of Memorandum of Association of Society/Trust Deed
(iii) A copy of Power of Attorney in favour of the individual to sign the tender
documents and create liability against the Society/Trust.
(iv) A copy of Rules & Regulations of the Society.
(v) All other documents in terms of explanatory notes in clause 3.5 above.

3.7.7 Joint Venture (JV): Guidelines regarding for Participation of Joint Venture Firms in Works
Tender are as detailed below and as amended from time to time.
This Clause shall be applicable for works tenders of value as approved and communicated
by Railway Board from time to time. (The JV firms are allowed to participate only in the
tenders of value more than Rs.10 crores).

3.7.7.1 Separate identity/name shall be given to the Joint Venture.

3.7.7.2 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%.

3.7.7.3 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.

3.7.7.4 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.
Signature of Tenderer Page 24 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022

3.7.7.5 Bid Security shall be deposited 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.

3.7.7.6 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.

3.7.7.7 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.
3.7.7.8 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.

3.7.7.9 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.

3.7.7.10 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.

3.7.7.11 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 of JV entity is to be
registered as Company) or before the Registrar/Sub- Registrar under the 'The Indian

Signature of Tenderer Page 25 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
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 registered, in the registered documents,
shall have, inter-alia, following Clauses:

3.7.7.11.1 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.
3.7.7.11.2 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.

3.7.7.11.3 Governing Laws - The Registered Entity shall in all respect be governed by and
interpreted in accordance with Indian Laws.

3.7.7.12 Authorized Member - Joint Venture members in the JV MoU shall authorize one of the
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.

3.7.7.13 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.

3.7.7.14 Documents to be enclosed by the JV along with the tender:

3.7.7.14.1 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 Registrar.

Signature of Tenderer Page 26 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
(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 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.
3.7.7.14.2 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
proprietary Concern 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.

3.7.7.14.3 In case one or more members of the JV is/are companies, the following documents
shall be submitted:
(i) A copy of resolutions of Directors of the Company, permitting the company toenter
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.

3.7.7.14.4 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

Signature of Tenderer Page 27 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
(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.

3.7.7.14.5 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.

All other documents in terms of explanatory notes in clause 3.5 above.

3.7.7.15 Credentials & Qualifying Criteria: Technical, financial eligibility and Bid capacity of the
JV shall be adjudged based on satisfactory fulfillment of the followingcriteria:

3.7.7.15.1 Technical Eligibility Criteria (‘a’ or ‘b’ mentioned hereunder):

(a) For Works without composite components


The technical eligibility for the work as per para 3.5.1 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 3.5.1 above,
shall be satisfied by either the ‘JV in its own name & style’ or ‘Lead member of

Signature of Tenderer Page 28 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
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 of
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.
Note for Clause 3.7.4.15.1:

(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
workis 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.
3.7.7.15.2 Financial Eligibility Criteria

The JV shall satisfy the requirement of “Financial Eligibility” mentioned at para


3.5.2 above. The “financial capacity” of the lead partner of JV shall not be less than51%
of the financial eligibility criteria mentioned at para 3.5.2 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.

3.7.7.15.3 Bid Capacity

The JV shall satisfy the requirement of “Bid Capacity” requirement mentioned at para
3.6 above. The arithmetic sum of individual “Bid capacity” of all the members shall be
taken as JV’s “Bid capacity” to satisfy this requirement.

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

Signature of Tenderer Page 29 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
on behalf of / by a Sole Proprietorship Firm/ Joint Venture/ Registered Company etc. then
tender shall be treated as having been submitted by the individual who has signed the
tender.
(ii) 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.
(iii) A tender from JV/ Consortium/ Partnership Firm etc. shall be considered only where
permissible as per tender conditions.
(iv) The Railway will not be bound by any Power of Attorney granted by the
tenderer or by change 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
tenderer/contractor
(v) 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 GCC
April 2022 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, 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.

3.8.0 Test of Responsiveness: Railway will determine whether each such proposal is
‘responsive to the requirement of the Tender Documents. A Tender/Proposal shall be
considered ‘responsive’ if only:
Signature of Tenderer Page 30 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022

3.8.1 (i) Tender Document accompanied with required Bid security.

(ii) Tender Document accompanied with cost of Tender Document, if applicable.


(iii) Tender Document accompanied with Power (s) of Attorney (ies).
(iv) Cover Letter (Tender Form-1) been signed by Authorized Signatory.
(v) Tender Documents shall be submitted in bound and sealed condition (in exceptional
cases where manual tendering is being adopted)

Tenderer may please note that tender not accompanying Item (i) & (ii) above shall be
summarily rejected. Any of the above criteria is not fulfilled, in any manner whatsoever,
the Tender shall be treated as non- responsive. The Decision of Railway Administration
on the responsiveness of Tender shall be final, conclusive and binding on the Tenderer
and shall not be called into question by any Tenderer on any ground whatsoever. Any
Tender which is not responsive shall be rejected.

3.9 Conflict of Interest:

(1) Railway Administration considers “Conflict of Interest”; to be a situation in which party


has interests that could improperly influence the Tendering process or that party’s
Performance of official duties or Responsibilities, Contractual Obligations or Compliance
of applicable laws and regulations. Any Tenderer(s), which in the opinion of Railway
Administration has or may have the likelihood of a conflict of interest, shall be
disqualified. Without limiting the generality of the above, a Tenderer shall be considered
to have a conflict of interest that affects the Tendering process, if;

(a) Such Tenderer, its Member (In case of Partnership firm) or any of its Constituents and
any other Tenderer for the same work, its Member or any of its constituents have cross
ownership interest; provided that this disqualification shall not apply incase the direct or
indirect ownership/Shareholding (of paid up and subscribed shares) of a Tenderer, its
Member or any of its constituent in the other Tenderer, its Member or any of its
constituent is less than 10% (Ten percent); or

(b) Such Tenderer or a Member of such Tenderer is also a member of another Tenderer for
the same work; or

(c) Such Tenderer has the same authorized Signatory/ representative for a tender as any
other Tenderer for the same work; or

(d) Such Tenderer, its Member or any of its Constituent has participated as consultant to
Railway in the preparation of any document, design or technical specifications for the
same work; or
Signature of Tenderer Page 31 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
(e) If legal, financial or technical advisor of Railway for the same work is or has been
engaged by Tenderer, its Member or any of its Constituent in any manner for matters
related to or incidental to the same work during or prior to the Tendering process up to
the signing of Agreement; or

(f) Such Tenderer, its Member or any of its Constituent and the consultant of Railway for
the same work, its Member or any of its Constituent have cross ownership interest;
provided that this disqualification shall not apply in cases the direct or indirect
ownership/ shareholding (of its paid up and subscribed shares) of a tenderer, its
Member or any of its Constituents in the consultant of Railway for this work, its
Member or any of its Constituent, or vice versa, is less than 10% (ten percent); or
(g) Such Tenderer, its Member or any Constituent thereof received or has received any
direct or indirect subsidy, grant, concessional loan or subordinated debt from any other
Tenderer for the same work, its Member or Constituent, or has provided any such
subsidy, grant concessional loan or subordinated debt to anyother Tenderer for the same work,
its Member or any Constituent thereof; or

(h) Such Tenderer, or any Constituent thereof, has a relationship with any other Tenderer
for the same work, or any Constituent thereof, directly or through common third
party/parties, that puts either or both of them in a position to have access to each
other’s’ information about, or to influence the Tender of either or each other for the
same work.

(2) Disqualification specified under sub clause 3.9.1 (a) to (h) shall not apply to the Tenderer
or its Member of both Public and Private unless and until such Tendereror its Member is
a Constituent of another Tenderer or its Member or Railway Consultant for the same
work.

i. Tenderer/ Each Member of the firm shall submit the following documents on the basis of
which it has arrived at the conclusion that it does not have any Conflict of interest:

ii. List of Constituents along with their shareholding and registered office address;

iii. The details of each of shareholders holding more than 10% in the firm, each of its
members and their Constituents;

iv. A chart showing the relationship of the Tenderer/Members of the firm with their
respective constituents.

v. Notwithstanding anything contained herein above, Railway may, after opening of Tender,
seek a reconfirmation that there is no conflict of interest among the Tenderer, Members
and / or Constituents of the Tenderer/ Members of the firm, within a period to be
stipulated by Railway. Railway will also seek reconfirmation from its legal, financial or

Signature of Tenderer Page 32 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
technical advisors that there is no conflict of interest with Tenderers.

3.10 Fraud & Corrupt Practice:

3.10.1 The Tenderer and their representative officers, employee, agents and advisors shall
observe the highest standard of ethics during the Tendering process and subsequent to
the issue of the LOA during the substance of the Agreement. Notwithstanding anything to
contrary contained herein or in the LOA or the Agreement, Railway shall reject the Tender,
Withdraw the LOA, or Terminate the Agreement, as the case may be, without being liable
in any manner whatsoever to the selected Tenderer, if it determines that the selected
Tenderer, as the case may be has directly or indirectly or through agent, engaged in
corrupt practice, fraudulent practice, Coercive practice, undesirable practice or restrictive
practice in the Tendering process. In such an event, in addition to exercise of its right of
Termination, Railway shall forfeit and appropriate the contract security or
Performance Guarantee as the case may be, as mutually agreed genuine pre- estimation
compensation and damage payable to Railway towards, inter alia, time, cost and effort of Railway,
without prejudice to any other right or remedy that may be available to Railway hereunder or
otherwise.

3.10.2 Without prejudice to the right of Railway hereinabove and the rights and remedies which
Railway may have under the LOA or the Agreement, if the Tenderer/Contractor, as the case
may be, is found by Railway to have directly or indirectly or through an agent, engaged or
indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice during the Tenderering process, or after the issue of LOA or
the execution of Agreement, such Tenderer, Members and Contractor shall not be eligible
to participate in any Tender issued by Northern Railway during a period of 02 (Two) years
from the date such Tenderer, Member or Contractor, as the case may be, is found by
Railway to have directly or indirectly or through an agent, engaged or indulged in any
corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice, as the case may be.

3.10.3 For the purposes of this clause, the following terms shall have the meanings hereinafter
respectively assigned to them;

(i) “Corrupt Practice” means the offering, giving, receiving or soliciting, directly or indirectly of
anything of value to influence the action of any person connecting with the Tendering
process(for avoidance of doubt, offering employment to or employing or engaging in any
manner whatsoever, directly or indirectly, any official of Railway who is or has been
associated in any manner, directly or indirectly with the Tendering process or the LOA or
has dealt with matters concerning the Agreement or arising there from, before or after the
execution thereof, at any time prior to the expiry of one year from date such official
resigns or retires from or otherwise ceases to be in the service of Railway, shall be deemed

Signature of Tenderer Page 33 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
to constitute influencing the actionsof a person connected with the Tendering process), or

Engaging in any manner whatsoever, whether during Tendering process or after the issue
of the LOA or after execution of Agreement, as the case may be, any person in respect of
in respect of any matters relating to the work or the LOA or the Agreement, who at any
time has been or is a legal, financial or technical advisor of Railway in relation to any
matter concerning to work.

(ii) “Fraudulent practice” means a misrepresentation or Omission of facts or suppression of


facts or disclosure of incomplete facts, in order to influence theTendering process;

(iii) “Coercive Practice” means impairing or harming, or threatening to impair or harm,


directly or indirectly, any person or property to influence any person’s participation or
action in the Tendering process;
(iv) “Undesirable Practice” means establishing contract with any person connected with
or employed or engaged by Railway and/ or the Ministry of Railways and / or any
Ministry or Department, Authority or body whether statutory or non-statutory that may
be concerned or connected, in any manner whatsoever, with this work, with the objective
of canvassing, lobbying, seeking intervention in or in any manner influencing or
attempting to influence the Tendering process; or having a conflictedof interest; and

(v) “Restrictive Practice” means forming a cartel or arriving at any understanding or


arrangement among Tenderers with the objective of restricting or manipulating a full and
fair competition in the Tendering process.

3.11 Confidentiality: Information relating to the examination, clarification, evolution and


recommendation for the Tenderer shall not be disclosed to any person, who is not
officially concerned with the process or is not retained professional advisor Advising
Railway, in relation to, or matter arising out of, or concerning the Tendering process.
Railway will treat all information submitted as part of the Tender, in confidence and will
require all those who have access to such material to treat the same in confidence.
Railway may not divulge any such information unless it is directed to do so by a Court of
Law and/ or any statutory entity that has the power under Law to require its disclosure.

3.12 Employment/ Partnership etc. of Retired Railway Employee:


(a) Should a tenderer
i) be a retired Engineer of the gazetted rank or any other gazetted officer working before his
retirement, whether in the executive or administrative capacity or whether holding a
pensionable post or not, in the Engineering or any other department of any of the
railways owned and administered by the President of India for the time being, OR
ii) being partnership firm / joint venture (JV) / registered society / registered trust etc have
as one of its partners/members a retired Engineer of the gazetted rank or any other
Signature of Tenderer Page 34 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
gazetted officer working before his retirement, OR
iii) being an incorporated company have any such retired Engineer of the gazetted rank or
any other gazetted officer working before his retirement as one of its directors
AND
in case where such Engineer or officer had not retired from government service at least 1
year prior to the date of submission of the tender
THEN
the tenderer will give full information as to the date of retirement of such Engineer or
gazetted officer from the said service and as to whether permission for taking such
contract, or if the Contractor be a partnership firm or an incorporated company, to
become a partner or director as the case may be, has been obtained by the tenderer or
the Engineer or officer, as the case may be from the President of India or any officer, duly
authorized by him in this behalf, shall be clearly stated in writing at the time of submitting
the tender.
b) In case, upon successful award of contract, should a tenderer depute for execution of the
works under or to deal matters related with this contract, any retired Engineer of gazette
rank or retired gazetted officer working before his retirement in the Engineering or any
other department of any of the railways owned and administered by the President of
India for the time being, and now in his employment, then the tenderer will ensure that
retired Engineer or retired gazetted officer had retired from government service at least 1
year prior to the date of his employment with tenderer and in case he had retired from
service within a year then he possesses the requisite permission from the President of
India or any officer, duly authorized by him in this behalf, to get associated with the
tenderer.
c) Should a tenderer or Contractor being an individual, have member(s) of his family orin 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 3.12.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.

3.13 Miscellaneous: The Tendering process shall be governed by and construed in accordance
with the Laws of India and the Courts at……. Shall have exclusive jurisdiction over all
disputes arising under pursuant to and/ or in connection with the Tendering process.
Railway in its sole discretion and without incurring any obligation or liability reserves the

Signature of Tenderer Page 35 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
right at any time to;
(i) Suspend or cancel the Tendering process and /or amend and/ or Supplement the
Tendering process or modify the dates or other terms & condition relating thereto;
(ii) Consult with any Tenderer in order to receive clarifications or further information;
(iii) Retain any information and /or evidence submitted to Railway by, on behalf of, and/ or in
relation to any Tenderer, and / or.
(iv) Independently verify, disqualify, reject and/ or accept any and all submission or other
information and/ or evidence submitted by or on behalf of any Tenderer.
3.13.1 No Tenderer should tender for the work for speculative purposes. Once the Tender
Documents is submitted, no change shall be permitted in the equity participation in the
work of the Tenderer or Member of the firm except as expressly otherwise provided
in the Tender Documents. Any breach of this condition shall lead to rejection of the Tender and /or
termination of Agreement.

3.13.2 No assignment, Sale, Transfer, Conveyance of the work shall be permitted except as
otherwise expressly provided in the Tender Documents. Any breach of this condition shall
lead to rejection of the Tender and /or termination of Agreement.
3.13.3 For the sake of clarity, the Tenderer (s) may note that in case there are any obligation (s)
or condition ()s) imposed on them under a particular clause of any part of the Tender
Documents, which includes the forms, and on a similar issue some additional conditions
are mentioned under another clause of any other part of the Tender Documents, which
includes the forms, then all the conditions and/ or obligations should be read in
conjunction with each other and all of them have tobe fulfilled.
3.13.4 It shall be deemed that by submitting the Tender, the Tenderer agrees and releases
Railway, its employees, agents, consultants and advisers, irrevocably, unconditionally,
fully and finally from any and all liability for claims, losses, damages, costs, expenses or
liabilities in any way related to or arising from the exercise of any rights and/ or
performance of any obligations hereunder, pursuant hereto and/ or in connection
herewith and waives any and all right and/ or claims it may have in their respect, whether
actual or contingent, whether present or future. No claim of any nature and to any extent
whatsoever shall be made by any Tenderer against Railway, its employees, agents,
consultants and advisers.
3.13.5 The Tender Documents including all attached documents are and shall remain the
property of Railway and are transmitted to the Tenderer solely for the purpose of
preparation and submission of the Tender in accordance herewith. Tenderer are to treat
all information as strictly confidential and shall not use it for any purpose other than for
the preparation and submission of their Tenders. Railway will not return any Tender or
any information provided to it by the Tenderers.
3.14 Preparation & Submission of Document: The Tenderer will be deemed to visit the site
and inspected the same to acquaint itself about all the existing site conditions, Laws and
Signature of Tenderer Page 36 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
regulations before submitting his/their Tender. Once theTender is submitted no Tenderer
will be permitted to withdraw his/their Tender on the ground of any alleged defect in the
site or its conditions.
All the contents of the Tender should be typed or hand written in indelible blue ink and
signed by Tenderer/authorized signatory of the Tenderer who shall also initial each page
in Blue ink. The Tenderer requirement in the Tender, for authorizing the signatory to
commit the Tenderer. The power of attorney must include the specimen signature of the
authorized signatory duly attested by authorized person under applicable laws.
3.15 Credential/ Approved list of contractors:

3.15.1 Works of construction and of supply of material shall be entrusted for execution to
contractors whose capabilities and financial status have been investigated and approved
to the satisfaction of the Railway. For this purpose, list of approved contractors shall be
maintained in the Railway. The said list be revised periodically once in a year or so by
giving wide publicity through advertisements etc.
A Contractor including a contractor who is already on the approved list shall apply to the
concerned General Manager (Construction)/ Chief Administrative Officer (Construction)/
Principal Chief Engineer/Principal Chief Signal & Telecommunication Engineer / Principal
Chief Mechanical Engineer and Principal Chief Electrical Engineer, Divisional Railway
Manager, furnishing particulars regarding :
(a) his position as an independent contractor specifying Engineering organization
available with details or Partners / Staff / Engineers employed with qualifications and
experience;
(b) his capacity to undertake and carry out works satisfactorily as vouched for by a
responsible official or firm, with details about the transport equipment’s,
construction tools and plants etc., required for the work maintained by him;
(c) his previous experience of works similar to that to be contracted for, in proof of which
original certificates or testimonials may be called for and their genuineness verified, if
needs be, by reference to the signatories thereof;
(d) his knowledge from actual personal investigation of the resources of the area/zone or
zones in which he offers to work;
(e) his ability to supervise the work personally or by competent and duly authorized
agent;
(f) his financial position;

3.15.2 An applicant shall clearly state the categories of works and the Area / Zone / Division(s) /
District(s) in which he desires registration in the list of approved contractors.

Signature of Tenderer Page 37 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
3.15.3 The selection of contractors for enlistment in the approved list would be done by a
committee for different value slabs as notified by Railway.

3.15.4 An annual fee as prescribed by the Railway from time to time would be charged from
such approved contractors to cover the cost of sending notices to them and clerkage for
tenders etc. Notices shall be send to them on registered e-mail address and registered
postal address.

3.15.5 The list of approved contractors would be treated as confidential office record.
3.16 Tenderer’s Credentials:
Documents testifying tenderer’s previous experience and financial status should be
produced along with the tender.
Tenderer (s) who is/are not borne on the approved list of the Contractors of Northern
Railway shall submit along with his/their tender.
(i) Certificates and testimonials regarding contracting experience for the type of job for
which tender is invited with list of works carried out in the past.
(ii) Certificates which may be an attested Certificate from the client, Audited Balance Sheet
duly certified by the Chartered Account et regarding contractual payments received in
the past.
(iii) The list of personnel / organization on hand and proposed to be engaged for the
tendered work (Annexure – X). Similarly list of Plant & Machinery available on hand and
proposed to be inducted and hired for the tendered work (Annexure-IX).
(iv) A copy of certificate stating that they are not liable to be disqualified and all their
statements/documents submitted along with bid are true and factual. Standard format of
the certificate to be submitted by the bidder is enclosed as Annexure-XXIV. Non
submission of a copy of certificate by the bidder shall result in summary rejection of
his/their bid. It shall be mandatorily incumbent upon the tenderer to indentify, state and
submit the supporting documents duly self attested/digitally signed by which they/he
are/is qualifying the Qualifying Criteria mentioned in the Tender Document.
(v) Railway reserved the right to verify all statements, information and documents submitted
by bidder in each tender offer and the bidder shall when so required by the railway make
available all such information, evidence and documents as may be necessary for such
verification. Any such verification or lack of such verification, by the railway shall not
relieve the bidder of its obligation and liabilities hereunder nor will it affect any rights of
the railway there under.
(vi) (a) In case of any information submitted by tenderer is found to be false forged or
incorrect at any time during process of evaluation of tenders, it shall lead to forfeiture of
the tender Bid Security besides banning of business for a period of upto five years.
(b) In case of any information submitted by tenderer is found to be false forged or
incorrect after the award of contract, the contract shall be terminated. Bid Security,
Performance Guarantee and Security Deposit available with railway shall be forfeited. In
Signature of Tenderer Page 38 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
addition, other dues of contractor, if any under this contract shall be forfeited and agency
shall be banned for doing business for a period of upto five years.
Note: Non-compliance any of the conditions set forth therein above is liable to result in
the tender being reject.
4.0 Consideration of Tenders:
4.1 Right of Railway to Deal with Tenders:
The Railway reserves the right of not to invite tenders for any of Railway work or works or
to invite open or limited tenders and when tenders are called to accept a tender in whole
or in part or reject any tender or all tenders without assigning reasons for any such action.
In case if tender is accepted in part by Railway administration, Letter of Acceptance shall
be issued as counter offer to the Tenderer, which shall be subject to acceptance by the
Tenderer.
4.1.1 The authority for the acceptance of the tender will rest with the Railway. It shall not be
obligatory on the said authority to accept the lowest tender or any other tender, and
tenderer(s) shall neither demand any explanation for the cause of rejection of his/ their
tender nor the Railway to assign reasons for declining to consider or reject any particular
tender or tenders.
4.1.2 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.
4.1.3 If the tenderer(s) expire(s) after the submission of his / their tender or after the
acceptance of his / their offer, the Railway shall deem such tender cancelled. If a partner
of a firm expires after the submission of their tender or after the acceptance of their
tender, the Railway shall deem such tender as cancelled, unless the firm retains its
character.
4.1A 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.

4.1B 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.

4.1C 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.

4.1D 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
Signature of Tenderer Page 39 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
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.
4.1E Clarification of Bids: To assist in the examination, evaluation & comparison and pre-qualification of
the Tender, the Railway may, at its discretion, ask any Bidder for a clarification of its Bid. Any
clarification submitted by a Bidder that is not in response to a request by the Railway shall not be
entertained or considered. The Railway request for clarification and the response of the bidder in this
regard shall be in writing.

However, if a Bidder does not provide clarification of its bid by the date and time
communicated in the Railway request for clarification, the bid shall be evaluated as per the
documents submitted along with the bid.

4.1F However, in case of tender more than Rs.10 crore two packet system of tender is to be
adopted.

G Tenderer(s) shall upload two files/packets. File-I/Packet-I and File-II/Packet-II.


File-I/packet-I shall contain Technical Cum Commercial bid and all necessary documents
regarding constitution of the firm and other requisitedocuments/credentials.

4.2 Opening of Tender: E- tenders are opened after closing date and time of submission
online bids on website www.ireps.gov.in through Digital Signature Certificate/Encryption
Certificate of concern Authorized Officer of Railways on specified date and time.
However, if date of tender opening is declared as Holiday, the tender will be opened at
the same time on next working day.
4.2 A ELECTRONIC REVERSE AUCTION (E-RA)
(Ref: RBL No. 2017/Trans/01/Policy/Pt-S dated 28.03.2018)
Process of Electronic Reverse Auction (e-RA) shall be adopted for Works tenders on
mentioned below:-
A. Tender for Works, Services and Stores Contracts
2.1 Selection criteria for tender cases for Works, Stores and Services proposed throughReverse
Auction (e-RA) route:-
a) In the first phase, following method of purchase through Reverse Auction shall be the
preferred method for procurement for Stores tenders valued more than Rs. 5 Cr. in each case and
for Works and Services for tenders valued more than Rs. 50 Cr, in each case.(RB Letter
No. 2019/RS(G)/779/2 Dated 08.08.2019)
b) The process of procurement through Reverse Auction shall be followed only in case oftenders
where there are at least three approved vendors (where work to be executed/service to

Signature of Tenderer Page 40 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
be provided/bulk procurement is to be from vendors approved by RDSO/CORE/Pus etc.) or
at least three proven/likely competitive sources, prima facie competent for execution of
work/provision of service/bulk ordering.
c) Financial Bids in single currency/ parameter only shall be allowed.
2.0 Procedure for award of contracts through Reverse Auction:
a) The procedure discussed herein shall be fully implemented through IREPS. Any reference to
Reverse Auction in these instructions shall imply e- RA.
b) Conduct and reporting of Reverse Auction shall be as per Annexure I detailed below.
c) Each tender should clearly specify essential technical and commercial parameters in a
transparent manner. No deviation to such essential Technical & Commercial conditions shall
be permitted to the vendors in the electronic bid form.

2.1 Technical Bid and Initial Price Offer:-


a) (i) In Works and Services related tenders E-RA shall be adopted only for
those cases where evaluation is on the bases of single parameter/currency.
(ii) In case of Stores Tenders procuring authority shall decide the bid evaluation criteria
in the tender itself, i.e. whether evaluation shall be item wise, or overall tender
value wise.
b) Bidder shall be simultaneously required to electronically submit a Technical &
Commercial Bid and Initial Price Offer.
(i) In case of Works and Services tenders, offers found eligible for award of
contract/meeting eligibility criteria shall be categorized as Qualified for Award of
Contract for the purpose of e-RA
(ii) In case of Stores tenders, offers found eligible for bulk order shall be categorized as
Qualified for Bulk Order for the purpose of RA and offers found eligible for
Developmental order shall be categorized as Qualified for Developmental Order for
the purpose of RA.
c) Offers not complying with essential technical & commercial requirements of the tender shall
be declared as Ineligible for award of contract.
d) Technical & Commercial evaluation of bids shall be done by a Tender Committee, as per
extant guidelines, delegation and the estimated value of tender. Recommendations of
Tender committee shall be considered by Tender Accepting Authority, as per existing
guidelines.
e) Initial Price Offer of only those bidders categorized as Qualified for Award of contract in case of
Works and Services Tenders shall be opened and tabulated by system separately. Extant
instructions for electronic tabulation shall apply for tabulation of Initial PriceOffers.
2.2 Financial Bid:
Financial Bid shall comprise of Final Price Offer obtained through Reverse Auction. Following
conditions and procedure shall be followed in selection of bidders for conduct of Reverse Auction:

Signature of Tenderer Page 41 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
a) Selection of vendors for Reverse Auction for award of Contract in Works and
Services tenders and bulk ordering in Stores tenders:
Number of Number of tenderers Remarks
tenderers Qualified to be selected for
for Reverse Auction
Award of
contract/BulkOrder
<3 NIL The bids disallowed from participating in the
3 to 6 3 Reverse Auction shall be the highest
More than 6 50% of Vendors bidder(s) in the tabulation of Initial Price Offer.
Qualified for Bulk In case the highest bidders quote the same
Order/award of contract rate, the Initial Price of IREPS, shall be
(rounded off to next removed first, on the principle of last in
first
higher integer). out, by IREPS system itself.
Note:
i. * If the number of tenderers qualified for Bulk Order/Award of Contract is less than 3, RA
shall not be done and tender may be decided on the bases of Initial Price Offer(s).
ii. In case of Stores tenders, selection of vendors for Reverse Auction for developmental
ordering: Offers Qualified for Development Order, with initial price offer lower than the
highest initial price offer of a vendor Qualified for Bulk Order and selected for Reverse
Auction after elimination, shall be allowed to participate in RA. (RB Letter No.
RS(M)/2011/EPS/01 Pt. Dated. 18.10.2019)
iii. MSE Criteria (Not applicable for Works0: All MSEs (Micro & Small Enterprises) found
Qualified for Bulk/Development Orders/Award of Contract but could not be selected for
Reverse Auction as per criteria stipulated in para 2.2 (a) and 2.2 (a) Note (ii) above, but are
within the range of 15% of lowest Initial Price Offer of the bidder qualified for bulk order
shall be permitted to participate in the Reverse Auction, irrespective of their inter-se
ranking on the basis of initial Price Offer. SuchMSEs shall be over and above the number of
vendors selected for ReverseAuction, as per para 2.2 (a) and 2.2 (a) Note (ii) above. In case
of Stores tenders, lowest initial price bid shall mean lowest initial price bid of vendor
qualified for bulk order. However, in case all the bidders qualifying for bulk as well as for
developmental order before applying elimination criteria) are within MSE category, this
clause shall not apply. (RB Letter No. RS(M)/2011/EPS/01 Pt. Dt. 18.10.2019)
iv. Make in India criteria: All bidders eligible for benefits under Public Procurement
(Preference to make in India) Order-2017, found qualified for Bulk/Developmental
Order/Award of Contract and are within the specified range of price preference, under the
Make in India Policy, of lowest Initial Price offer of the vendor qualified for bulk order
shall be permitted to participate in the Reverse Auction, irrespective of their inter-se
ranking on the basis of Initial Price Offer. Such bidders shall be over and above the
number of vendors selected for Reverse Auction, as per para (a) and 2.2 (a) Note (ii)

Signature of Tenderer Page 42 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
above. However, if all the bids qualified for bulk orderas well as for developmental order
(before applying elimination criteria) also qualify under “Make in India Order, 2017”
criteria, this clause shall not apply.
(RB Letter No. RS(M)/2011/EPS/01 Pt. Dated. 18.10.2019)
b) During Reverse Auction process, bidders shall not be allowed to bid a rate higher than
the lowest Initial Price offer.
2.3 (i) Reverse Auction among bids categorized as Qualified for award of contract in case of
Works and service tenders shall be conducted on IREPS/Suitable Platform.Bidders shall be
able to see the auction screens.

(ii) Reverse Auction among bidders categorized as Qualified for Developmental Order
and Qualified for Bulk Order shall be conducted concurrently on
IREPS/Suitable Platform in Stores tenders. Qualified bidders shall be able to seeboth the
auction screens i.e. auction screen of Reverse Auction amongst bidders qualified for bulk
order and auction screen of Reverse Auction amongst bidders qualified for
developmental order. However, bidders shall only be permitted to bid on the
respective screens relevant to them as per their qualification. Purchaser shall not be
permitted to see any of the auction screens. Purchaser should only be intimated on
website about the status of Reverse Auction, i.e. when the auction will start/ had started,
whether the auction is live or whether the auction has closed. (RB Letter No. RS
(M)/2011/EPS/01 Pt. Dated. 18.10.2019)

2.4 In case of Stores Tenders, quantity to be covered on developmental orders shall be limited
to 20% of the net procurable quantity. Developmental orders shall be placed in terms of Railway
Board letter No. 99/RS(G)/709/1/Pt. Dated 13/01/2015. The quantity covered on developmental
orders may be within or outside NPQ, which may be decided by TC/TAA, before conduct of Reverse
Auction.

2.5 After obtaining the final price offers through Reverse Auction, the lowest bid of only those
bidders who had participated in the Reverse Auction shall be tabulated and considered for
ordering. The offers of bidders which were eliminate from Reverse Auction in terms of Para
2.2 shall be tabulated separately and shall not be considered for any ordering. All the
relevant policies of Government of India at the relevant time shall be applicable. (RB Letter
No. RS (M)/2011/EPS/01 Pt. Dated. 18.10.2019)

2.6 The level of Tender Committee to consider the Final Price Offers shall be determined on
the basis of lowest Initial Price Offer of bid Qualified for award of contract in case of
Works and services tenders and qualified for Bulk Order in case of Stores tenders, as
opened prior to Reverse Auction. In case the level of Tender Committee which evaluated
technical & commercial bids as per para 2.1(d) was higher than the level of TC competent
to consider lowest Initial Price Offer of bid Qualified for award of contract/Bulk Order, the
higher level TC shall continue to finalize such tender cases.
Signature of Tenderer Page 43 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022

2.7 For specific high value cases centralized at Railway Board such as procurement of Wagons,
HSD oil, Track Machines, Steel, Rail and such other works/services/procurement, specific
e-RA conditions, may be formulated and incorporated in the tender conditions duly vetted
by Associate Finance and approved by competent authority.
Annexure
Procedure for Conduct and Reporting of R.A
(Annexure of RBL No. 2017/Trans/01/Policy/Pt-S dated 28.03.2018)
1. The tendering authority shall solicit bids through an invitation to the electronic Reverse
Auction to be published or communicated in accordance with the provisions similar toe-
procurement.
2. Convener of the tender committee shall fix the following, on case to case basis, depending
upon the nature of item/work/service and complexity of case on hand. These shall be indicated in
the tender for e-RA itself.
a. Initial e-RA period: This shall be the initial time interval for e-RA. e-RA shall be open for
this duration.
b. Auto extension period: In case any offer is received in the time period equal to auto
extension period before close of initial e-RA period, the e-RA shall be extended for time equal
to auto extension period from the time of last bid. There shall be no upper limit on number of
auto extension. When no offers is received in the last auto extension period, e-RA shall
close.
c. Minimum decrement in percentage of value of the last successful bid.

3. Date and time for start of e-RA shall be communicated to qualified tenders by the
convener after evaluation of the Technical Bids.

4. After submission of Initial Price Bid, tenderers will not be allowed to revise the taxes and
other levies.

5. During auction period, identities of the participating tenderers will be kept hidden.

6. Minimum admissible bid value will be last bid value minus minimum decrement as specified
by the tendering authority before starting of reverse auction. Starting point for reverse auction
shall be the lowest Initial Prices Bid of the tenderer eligible for award of contract.

7. After close of the RA, tabulation of last (minimum) bids received from all the tenderers
will be generated and made visible to Railways and participating tenderers.

8. Railway users can also view the bidding history in chronological order.

9. Bidder shall not be allowed to withdraw their last offer.

Signature of Tenderer Page 44 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
10. L-1 will be defined as the lowest bid obtained after the closure of R.A. session for Goods, work
and services tenders.

4.3 Conditional offer and Alternative proposal by Tenderer: Tenderers shall submit offers
that fully comply with the requirements of the Tender documents including the
conditions of contract, design and specification requirements if any. Conditional offer or
alternative offers will not be considered in tender evaluation and will be summarily
rejected. The Tenderer shall have no claims in this regard whatsoever.
“Any unconditional rebate offered by the tenderer should be mentioned on of ‘Schedule
of Quantities’ specifically. To attract the rebate mentioned each page of schedule may
refer the note for the conditional rebate mentioned in the end. Any rebate
mentioned at any other place in tender document shall not be considered. The
unconditional rebate mentioned in “Scheduled of Quantities” shall be considered while
evaluation of bid.”
4.4.1 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.
4.4 Withdrawal of Offer: No Tender offer can be withdrawn in the interval between the after
due date & time of submission and expiration of the Tender validity period. Withdrawal of
offer during this period shall result in forfeiture of Tenderer Bid security in terms of Para
1242 of Engineering code Reprint 2012.
4.5 Omission, Discrepancies & Clarification:
Should a tenderer find discrepancies in or omissions from the drawings or any of the
Tender Forms or should he be in doubt as to their meaning, he should at once notify the
authority inviting tenders. The tender inviting authority may, if deemed necessary, clarify
the same to all tenderers. It shall be understood that every endeavour has been made to
avoid any error which can materially affect the basis of tender and successful tenderer
shall take upon himself and provide for the risk of any error which may subsequently be
discovered and shall make no subsequent claim on account thereof.

4.6 Evaluation of Tender/ Bids: Eligibility proposals that are found to be responsive will be
evaluated by Railway to check whether he/they meet the Eligibility Criteria as laid down
in section 4.5 (Tender form 4) of tender document. Thereafter declaration about not
having conflict of interest, that Tender does not contain any condition and other relevant
documents attached with Tender Document may be verified by Railway. To facilitate
evaluation Railway may at its sole discretion, seek clarifications in writing from any
Tenderer on the attached documents in the format as considered appropriate by Railway.
Notwithstanding anything to the contrary contained in the Tender Documents. Railway
may, at its sole discretion, waive any minor infirmity, non-conformity or irregularity in a
Tender Document that does not constitute a material deviation and that does not

Signature of Tenderer Page 45 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
prejudice or affect the relative position of any Tenderer, provided it confirms to all the
terms, condition of Tender Documents without any material deviation, objection,
conditionality or reservations.
“No post tender correspondence for submission of additional documents shall be
entertained after opening of the Technical & Commercial offers. Even suo-moto post
tender letters of the tenders shall be treated as NULL & Void.”
5.0 Contract Document:
5.1 Execution of Contract Document: The Tenderer whose tender is accepted shall be required
to appear in person at the office of General Manager/General Manager (Construction),
Chief Administrative Officer (Construction), Divisional Railway Manager or concerned
Engineer, as the case may be, or if tenderer is a firm or corporation, a duly authorized
representative shall appear (there would be no need for appear in person if agreement is
signed digitally) and execute the contract agreement within seven days of notice from
Railways that the Contract Agreement is ready. The Contract Agreement shall be entered
into by Railway only after submission of valid Performance Guarantee by the Contractor.
Failure to do so shall constitute a breach of the agreement affected by the acceptance of
the tender. In such cases the Railway may determine that such tenderer has abandoned
the contract and there upon his tender and acceptance thereof shall be treated as
cancelled and the Railway shall be entitled to forfeit the full amount of the Bid Security
and other dues payable to the Contractor under this contract. The failed Contractor shall
be debarred from participating in the re-tender for that work.

5.1 (A) Performance Guarantee


The procedure for obtaining Performance Guarantee is outlined below:
(a) The successful bidder shall have to submit a Performance Guarantee (PG) within 21 (Twenty
one) days from the date of issue of Letter of Acceptance (LOA). Extension of time for
submission of PG beyond 21 (Twenty one) days and upto 60 days from the date of issue of
LOA may be given by the Authority who is competent to sign the contract agreement.
However, a penal interest of 12% per annum shall be charged for the delay beyond
21(Twenty one) days, i.e. from 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 particular contract, subject to maximum of PG amount. In case a tenderer has not
submitted Bid Security on the strength of their registration as a Startup recognized by
Department of Industrial Policy and Promotion (DIPP) under Ministry of Commerce and
Industry, DIPP shall be informed to this effect.
Signature of Tenderer Page 46 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
The failed Contractor shall be debarred from participating in re-tender for that work.

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of the following
forms, amounting to 5% of the original contract value:
(i) A deposit of Cash;
(ii) Irrevocable Bank Guarantee;
(iii) Government Securities including State Loan Bonds at 5 % below the marketvalue;
(iv) Pay Orders and Demand Drafts tendered by any Scheduled Commercial Bankof India;
(v) Guarantee Bonds executed or Deposits Receipts tendered by any Scheduled
Commercial Bank of India;
(vi) Deposit in the Post Office Saving Bank;
(vii) Deposit in the National Savings Certificates;
(viii) Twelve years National Defence Certificates;
(ix) Ten years Defence Deposits;
(x) National Defence Bonds and
(xi) Unit Trust Certificates at 5 % below market value or at the face value whichever is
less. Also, FDR in favour of FA&CAO (free from any encumbrance) may be accepted.
(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter of
Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G.
shall be initially valid upto the stipulated date of completion plus 60 days beyond that. In
case, the time for completion of work gets extended, the Contractor shall get the validity
of P.G. extended to cover such extended time forcompletion 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.
(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.

Signature of Tenderer Page 47 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
(iv) The format of Performance Guarantee is at Annexure – XXVI.
5.2 Form of Contract Document: Every contract shall be complete in respect of the document it
shall so constitute. Not less than 2 copies of the contract document shall be signed by the
competent authority and the Contractor and one copy given to the Contractor (there would
be no need of signing two copies if agreement is signed digitally).
(a) For Zone contracts, awarded on the basis of the percentage above or below the applicable
chapter(s) of Standard Schedule of Rates (DSR) for the whole or part of financial year, the
contract agreement required to be executed by the tenderer whose tender is accepted
shall be as per specimen form, Annexure-II. During the currency of the Zone Contract,
work orders as per specimen form Annexure-III, for works not exceeding ₹ 5,00,000 each,
shall be issued by the Divisional Railway Manager / Executive Engineer under the
agreement for Zone Contract.
(b) For contracts for specific works, the contract document required to be executed by the
tenderer whose tender is accepted shall be an agreement as per specimen form
Annexure- IV.
5.3 Applicable charges/recoveries/Advance etc: Please refer to Annexure-XIII of Tender
Document.
5.4 Special Conditions of Contract for mandatory updation of Labour data onRailway’s
shramik kalyan portal by Contractor.
The special conditions are as under:
A. Contractor is to abide by the provisions of Payment of Wages act & Minimum Wages Act in
terms of clause 54 and 55 of Indian Railways General Conditions of Contract. In order to
ensure the same, an application has been developed and hosted on website
www.shramikkalyan.indianrailways.gov.in. Contractor shall register shall his firm/company
etc. and upload requisite details of labour and their payment in this portal. These details
shall be available in public domain. The Registration/updation of Portal shall be done as
under:
(a) Contractor shall apply onetime registration of his company/firm etc. in the Shramikkalyan
portal with requisite details subsequent to issue of Letter of Acceptance. Engineer shall
approve the contractor’s registration on the portal within 7 days of receipt of such
request.
(b) Contractor once approved by any Engineer, can create password with login ID (PAN No.)
for subsequent use of portal for all LOAs issued in his favour.
(c) The contractor once registered on the portal, shall provide details of his Letter of
Acceptances (LoA)/Contract Agreements on shramikkalyan portal within 15 daysof issue
of any LoA for approval of concerned engineer. Engineer shall update (if required) and
approve the details of LoA filled by contractor within 7 days of receipt of such
request.

Signature of Tenderer Page 48 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
(d) After approval of LoA by Engineer, contractor shall fill the salient details of contract
labours engaged in the contract and ensure updating of each wage payment them on
shramik kalyan portal on monthly basis.
(e) It shall be mandatory upon the contractor to ensure correct and prompt uploading of all
salient details of engaged contractual labour & payments made thereof after each wage
period.
B. While processing payment of any ‘On Account bill’ or ‘Final bill’ or release of ‘Advances or
Performance Guarantee/Security deposit’, contractor shall submit a certificate to the
Engineer or Engineer’s representatives that I have uploaded the correct details of
contract labours engaged in connection with this contract and payments made to them
during the wage period in Railway’s Shramik kalyan portal at
‘www.shramikkalyan.indianrailways.gov.in’till Month Year.” (Rly. Board letter No.
2018/CE-I/CT/4 Dt. 17.10.2018).

6.0 Applicability of part-II of GCC-2022:


“All Standard general Condition of Contract for use in connection with works contract
will strictly be applied as per Part-II of Indian Railway Standard Conditions of contract(
GCC-2022 i.e. Para 1 to 64(8) along with Annexure)”

Signature of Tenderer Page 49 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
Annexure - I

Table of Contents of Tender Document


Section Subject Page No.
Work Specific Tender Document Part-I
Mode of Tender (E-tender – One packet / two packet)
1 Start of Tender Document (Tender Details)
2 Copy of Tender Notice
3 Scope of Work and Drawings
4.1 Check List
4.2 Tender Form-1 (Cover Letter)
4.3 Tender Form-2 (General information of the Tenderer)
4.4 Tender Form-3 (Power of Attorney)
Tender Form-4(A)-Technical Eligibility&4(B)-Financial
4.5
Eligibility)
4.6 Tender Form-5 (Schedule of Rates and Quantities)
Work Specific Tender Document Part-II
1 Special Specifications for Non schedule items
2 Special Conditions of Contract
Standard Documents applicable to all Tenders and Contracts
General Conditions of Contract Part-I (GCC-Pt I)
1
Instructions to Tenderer & Regulations Note-I
2 General Conditions of Contract Part-II (GCC-Pt II)

Note - I: - GCC Pt-I and Pt –II along with latest correction slips are standard documentsapplicable
to all contracts on Northern Railway.
It is available on Northern Railway website: www.nr.indianrailways.gov.in forgeneral
information purpose.

Signature of Tenderer Page 50 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
NORTHERN RAILWAY
START OF DOCUMENT

SECTION 1: TENDER DETAILS(TOP SHEET)


(A) Details to be filled in by Railway

1. Mode of Tender e-Tendering (one packet / two packet)


2. Tender Notice No.& date NIT-31-UMB-2023-24 dated: 16.10.2023

3. Tender No. 173-SR.DEN-III/UMB/2023-24


Improvement to road surface, height gauge, duty huts,
4. Name of the Work toilet facilities and drinking water facilities at various L-
Xing on HNC-SRE & HNC -KJGY section in the section of
SSE/W/L/SRE under ADEN/SRE.
5. Approximate Cost of Work Rs. 44,55,445/-
6. Period of Completion 04 Months
7. Amount of Bid security Rs. 89,100/-
Tender Document can be 21.10.2023
8. obtained from website /
office at
Last date and time of sale 10.11.2023 up to 15.00 Hrs.
9. / downloading of Tender
Document.
Due date & time of 10.11.2023 up to 15.00 Hrs.
10. submission of Tender
Document
Due date & time of 10.11.2023 up to 15.00 Hrs. (Just after 15.00 Hrs.)
11. opening of Tender*

Place of Opening of W.A Section, Engg. Deptt. DRM Office Complex, Ambala
12 Cantt.
Tender Document.

NOTE: * If date of tender opening is declared as Holiday, the Tender will be opened atthe
same time on next working day.

Signature of Tenderer Page 51 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
(B) Details to be filled in by tenderer while uploading their offer:

1 Constitution of the firm/ Sole Proprietorship/ Partnership Firm /


Concern (Tick as Company/ JV/ Society
applicable)

2 Full name of Sole


Proprietorship/ Partnership
firm/ Company/ JV/ Society
(as the case may be)

3 Year of formation/
incorporation

4 PAN NO.

5 Registered Office Address

6 Address on which
correspondence regarding this
tender should be done

7 Names of the Proprietor/


Partners/ JV members etc

Signature of Tenderer Page 52 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

NORTHERN RAILWAY
Website: www.nr.indianrailways.gov.in
SECTION -2 TENDER NOTICE
OPEN TENDER NOTICE No. NIT- 31/UMB-2023-24 DATED 16.10.2023
S. Name of Work Approx. Cost Bid Period of Date of
No. (Rs.) security Completion closing &
(Rs.) opening
1 Left over work of staff quarter constructed by RVNL 1,27,31,714 2,13,700 04 Months 10.11.2023
During doubling of RPJ-BTI in the section of Sr. DEN-
II/ Ambala.
2 Pre & Post tamping track measurement survey using 19,77,708 39,600 03 Months 10.11.2023
trimble Gedo Vorsys trolley system in the section of
Sr.DEN/I/UMB.
3 Raising and Extension of existing low-level platform 1,58,43,412 2,29,200 04 Months 10.11.2023
with standard high-level platform at MFB station on
SRE-UMB section in the section of SSE/W/L/SRE
under ADEN/SRE.
4 Improvement to road surface, height gauge, duty 44,55,445 89,100 04 Months 10.11.2023
huts, toilet facilities and drinking water facilities at
various L-Xing on HNC-SRE & HNC -KJGY section in
the section of SSE/W/L/SRE under ADEN/SRE.
5 (1) Removal of pending deficiencies related to new 68,56,152 1,37,100 03 Months 10.11.2023
doubling line on RPJ-BTI Section in the section of
SSE/W/L/BTI UNDER ADEN/BTI. (2) Removal of
pending deficiencies related to new doubling line on
RPJ-BTI Section in the section of SSE/W/PTA UNDER
ADEN/PTA.
6 (01) Providing standard/missing height gauge on L- 63,82,611 1,27,700 06 months 10.11.2023
xings and RUB on CDG-MRND section. (02) General
repairs of Service and Station buildings in the section
of ADEN/CDG.

NOTE
Tenderers are required to upload scanned copies of all related eligibility documents including
PAN/TIN/GST as per conditions.
The required Bid security will be acceptable On-line payment through Net Banking/or Payment
Gateway payment only well before & up to 15.00 hrs. of closing date & time of tender.
Tenderers should have Class-III Digital Signature Certificate to participate in e-Tendering of works
tenders.
Signature of Tenderer Page 53 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
For detail, please log on IREPS website WWW. IREPS.Gov.in

Sr. Divisional Engineer-C


N. Rly., Ambala Cantt

Divisional Railway Manager (Works), Engineering Department Ambala Division, Northern


Railway, Ambala Cantt. (Haryana) for and on behalf of President of India invites open e-Tenders
for the following works

Tender No. 173-SR.DEN-III/UMB/2023-24


Name of the Work: Improvement to road surface, height gauge, duty huts, toilet facilities and
drinking water facilities at various L-Xing on HNC-SRE & HNC -KJGY section in
the section of SSE/W/L/SRE under ADEN/SRE.

Critical Dates

Code Activity Date

D0 Date of availability of tender document on 21.10.2023


www.ireps.gov.in.

D1 = D0 + 6 days Start of submission of offer on www.ireps.gov.in 27.10.2023

D2 = D0 + 21  End of Availability of Tender Document sat 10.11.2023


days www.ireps.gov.in.

10.11.2023
 Opening of tender/offer.

The reference time for all the above activities is 15.00 hours.

NOTE: In case the intended date for opening of tenders is declared a holiday, the tenders will
be opened on the next working day at the same time.

(Tenderer should keep himself updated about the Tender amendments, Corrigendum, etc. by
remaining in touch with the website. Further, NO changes should be made in the final amended
Tender Document by the Tenderer)

Signature of Tenderer Page 54 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
SECTION 3: SCOPE OF WORK AND TENDER DRAWINGS

1. Scope of Work Improvement to road surface, height gauge, duty huts,


toilet facilities and drinking water facilities at various L-
Xing on HNC-SRE & HNC -KJGY section in the section of
SSE/W/L/SRE under ADEN/SRE.
2. Location of Work
3. Approximate Cost Rs. 44,55,445/-
4. Estimate No 68/2023-24

5. Allocation 262941
6. Period of completion 04 Months
7. Definition of Similar Nature of -
Work to be considered for
the above work
8. Cost of work similar in nature The tenderer must have successfully completed any of
to be considered for this the following during last 07 (seven) years, ending last
Tender day of month previous to the one in which tender is
Rs… ........... Lacs invited:
Three similar works costing not less than the amount
equal to 30% of advertised value oftender, or

Two similar works costing not less than the amount


equal to 40% of advertised value oftender, or

One Similar work costing not less than the


Amount equal to 60% of advertised value oftender.

9. Drawings and sketches duly As per plan available with Divisional Office andwith
approved by CA for the site Engineer.
Tender

SECTION 4.1: Check List as given in Annexure XXI.


SECTION 4.2: COVER LETTERTENDER FORM - 1
(To be submitted by Tenderer on its letter head)
Tender No.
Name of Work

Signature of Tenderer Page 55 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
To
The President of India
Acting through the Railway
I/We have read the various conditions to tender attached
hereto and agree to abide by the said conditions. I/We also agree to keep this offer open for
acceptance for a period of days from the date fixed for closing of the tender and in
default thereof, I/We will be liable for forfeiture of my/our “Bid Security”. I/We offer to do the
work for Railway, at the rates quoted in the attached bill(s) of quantities and
hereby bind myself/ourselves to complete the work in all respects within
months from the date of issue of letter of acceptance of the tender.
2. I/We also hereby agree to abide by the Indian Railways Standard General Conditions of
Contract, with all correction slips up-to-date and to carry out the work according to the Special
Conditions of Contract and Specifications of materials and works as laid down by Railway in the
annexed Special Conditions/Specifications, Standard Schedule of Rates (SSOR) with all correction
slips up-to-date for the present contract.
3. A Bid Security of ₹ has already been deposited online/ submitted as
Bank Guarantee bond. Full value of the Bid Security shall stand forfeited without prejudice to any
other right or remedies in case my/our Tender is accepted and if:
(a) I/We do not submit the Performance Guarantee within the time specified in the
Tender document;
(b) I/We do not execute the contract documents within seven days after receipt of noticeissued
by the Railway that such documents are ready; and
(c) I/We do not commence the work within fifteen days after receipt of orders to that
effect.
4. (a) I/We am/are a Startup firm registered by …………………… Department ofIndustrial
Policy and Promotion (DIPP) and my registration number is ..................................................... valid
upto …………………. (Copy enclosed) and hence exempted from submission of BidSecurity.

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

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

(1) Signature of Tenderer(s)

Signature of Tenderer Page 56 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
(2) Date

Address of the Tenderer(s)

ANNEXURE - I (Contd. …)
TENDER FORM -2
1. Instructions to Tenderers and Conditions of Tender: The following documents form part
of Tender / Contract:
(a) Tender Forms – First Sheet and Second Sheet
(b) Special Conditions/Specifications (enclosed)
(c) Bill(s) of quantities (enclosed)
(d) Standard General Conditions of Contract and Standard Specifications (Works and
Materials) of Indian Railways as amended/corrected up to latest correction slips, copies of
which can be seen in the office of or obtained from the
office of the Chief Engineer, Railway on payment of prescribed
charges.
(e) Standard Schedule of Rates (SSOR) as amended / corrected up to latest correction slips,
copies of which can be seen in the office of or obtained
from the office of the Chief Engineer, Railway on payment of
prescribed charges.
(f) All general and detailed drawings pertaining to this work which will be issued by the
Engineer or his representatives (from time to time) with all changes and modifications.
2. Drawings for the Work: The Drawing for the work can be seen in the office of the
and / or Chief Engineer, Railway at any time during the
office hours. The drawings are only for the guidance of Tenderer(s). Detailed working
drawings (if required) based generally on the drawing mentioned above, will be given by
the Engineer or his representative from time to time.
3. The Tenderer(s) shall quote his / their rates as a percentage above or below the Standard
Schedule of Rates (SSOR) of Railway as applicable to
Division except where he/they are required to quote item rates andmust
tender for all the items shown in the Bill(s) of Quantities attached. The quantities shown
in the attached Bill(s) of Quantities are given as a guide and are approximate only and are
subject to variation according to the needs of the Railway. The Railway does not
guarantee work under each item of the Bill(s) of Quantities. The tenderer(s) shall quote
rates / rebates only at specified place in Tender Form supplied by Railway. Any revision of
rates / rebates submitted (quoted) through a separate letter whether enclosed with the
Signature of Tenderer Page 57 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
bid (Tender Form) or submitted separately or mentioned elsewhere in the document
other than specified place shall be summarily ignored and will not be considered.
4. Tenders containing erasures and / or alterations of tender documents are liable to be
rejected. Any correction made by tender(s) in his/their entries must be attested by him /
them.
5. The works are required to be completed within a period of months from
the date of issue of acceptance letter.
6. Bid Security:
(a) Subject to exemptions provided under para 5(1) (a) of Part-1 (ITT) of this document, the
tender must be accompanied by a Bid Security as mentioned in tender documents, failing which
the tender shall be summarily rejected.
(b) The Tenderer(s) shall keep the offer open for a minimum period of 60 days (in caseof 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 Railway.
Should the tenderer fail to observe or comply with the foregoing stipulation, the amount
deposited or Bank guarantee bond submitted as Bid Security for the due performance of the
above stipulation, shall be forfeited to the Railway.
(c) If his tender is accepted,
(i) the Bid Security mentioned in sub para(a) above deposited in cash through e- payment
gateway will be retained as part security for the due and faithful fulfillment of the
contract in terms of Clause 16 of the Standard General Conditions of Contract;
(ii) the Bid Security mentioned in sub para(a) above submitted as Bank guarantee bond,
will be encashed as part security for the due and faithful fulfillment of the contract in
terms of Clause 16 of the Standard General Conditions of Contract.

The Bid Security of other Tenderers shall, save as herein before provided, be returned
to them, but the Railway shall not be responsible for any loss or depreciation to the Bid
Security that may happen thereto while in their possession, nor be liable to pay interest
thereon.

(d) In case Contractor submits the Term Deposit Receipt/Bank Guarantee Bond towards
either the Full Security Depositor the Part Security Deposit equal to or more than Bid Security, the
Railway shall return the Bid Security so retained as per sub para(c) above, to the Contractor.
7. Rights of the Railway to deal with Tender: The authority for the acceptance of the tender
will rest with the Railway. It shall not be obligatory on the said authority to accept the
Signature of Tenderer Page 58 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
lowest tender or any other tender, and tenderer(s) shall neither demand any explanation
for the cause of rejection of his/ their tender nor the Railway to assign reasons for
declining to consider or reject any particular tender or tenders.
8. If the tenderer(s) deliberately gives / give wrong information in his / their tender or
creates / create circumstances for the acceptance of his / their tender, the Railway
reserves the right to reject such tender at any stage.
9. If any partner(s) of a partnership firm expires after the submission of its tender or after
the acceptance of its tender, the Railway shall deem such tender as cancelled/contract as
terminated under clause 61 of the Standard General Conditions of Contract, unless the
firm retains its character as per partnership agreement. If a sole proprietor expires after
the submission of tender or after the acceptance of tender, the Railway shall deem such
tender as cancelled / contract as terminated under clause 61 of the Standard General
Conditions of Contract.
10. Eligibility Criteria:
10.1 Technical Eligibility Criteria:
(a) The tenderer must have successfully completed or substantially completed any one of the
following categories of work(s) during last 07 (seven) years, ending last day of month
previous to the one in which tender is invited:
(i) Three similar works each costing not less than the amount equal to 30% of
advertised value of the tender, or
(ii) Two similar works each costing not less than the amount equal to 40% of
advertised value of the tender, or
(iii) One similar work costing not less than the amount equal to 60% of advertised value
of the tender.

(b) (1) In case of tenders for composite works (e.g. works involving more than one distinct
component, such as Civil Engineering works, S&T works, Electrical works, OHE works etc.
and in the case of major bridges – substructure, superstructure etc.), tenderer must have
successfully completed or substantially completed any one of the following categories of
work(s) during last 07 (seven) years, ending last day of month previous to the one in which
tender is invited:

(i) Three similar works each costing not less than the amount equal to 30% of
advertised value of each component of tender, or
(ii) Two similar works each costing not less than the amount equal to 40% of
advertised value of each component of tender, or
(iii) One similar work each costing not less than the amount equal to 60% of
advertised value of each component of tender.

Note for b(1): Separate completed works of minimum required values shall also beconsidered for
Signature of Tenderer Page 59 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
fulfillment of technical eligibility criteria for different components.

(b)(2) In such cases, what constitutes a component in a composite work shall be clearly pre-
defined with estimated tender cost of it, as part of the tender documents without any
ambiguity.
(b)(3) To evaluate the technical eligibility of tenderer, only components of work as stipulated in
tender documents for evaluation of technical eligibility, shall be considered. The scope of
work covered in other remaining components shall be either executed by tenderer himself
if he has work experience as mentioned in clause 7 of the Standard General Conditions of
Contractor through subcontractor fulfilling the requirements as per clause 7 of the
Standard General Conditions of Contract or jointly i.e., partly himself and remaining
through subcontractor, with priorapproval 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 50 lakh, no previous work experience of


subcontractor shall be asked for by the Railway.

In case after award of contract or during execution of work it becomes necessary for
contractor to change subcontractor, the same shall be done with subcontractor(s) fulfilling the
requirements as per clause 7 of the Standard General Conditions of Contract, with prior approval
of Chief Engineer in writing.

Note for Item 10.1:

Work experience certificate from private individual shall not be considered. However, in
addition to work experience certificates issued by any Govt. Organization, work experience
certificate issued by Public listed company having average annual turnover of Rs 500 crore
and above in last 3 financial years excluding the current financial year, listed on National
Stock Exchange or Bombay Stock Exchange, incorporated/registered at least 5 years prior to
the date of closing of tender, shall also be considered provided the work experience
certificate has been issued by a person authorized by the Public listed companyto issue such
Signature of Tenderer Page 60 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
certificates.

In case tenderer submits work experience certificate issued by public listed company, the
tenderer shall also submit along with work experience certificate,
the relevant copy of work order, bill of quantities, bill wise details of payment received duly
certified by Chartered Accountant, TDS certificates for all payments received and copy of
final/last bill paid by company in support of above work experience certificate.
10.2. Financial Eligibility Criteria: The tenderer must have minimum average annual
contractual turnover of V/N or ‘V’ whichever is less; where
V= Advertised value of the tender in crores of Rupees

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

The average annual contractual turnover shall be calculated as an average of “total


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

The tenderers shall submit requisite information as per Annexure-VIIB, along with copies
of Audited Balance Sheets duly certified by the Chartered Accountant/ Certificate from
Chartered Accountant duly supported by Audited Balance Sheet. (As per Rly. Board letter
No. 2022/CE-I/CT/GCC-2022/Policy dated 14.07.2022, advanced correction slip No. 1)

10.3 Bid Capacity: The tender/technical bid will be evaluated based on bid capacityformula
detailed as Annexure-VI.
10.4 No Technical and Financial credentials are required for tenders having advertisedvalue 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 ason 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 ratespublished by the International Monetary Fund for the relevant date
or immediately previous date for which rates have been published.

Signature of Tenderer Page 61 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
[Explanation for TENDER FORM -2including Para 10.1 to 10.5 - Eligibility Criteria:
1. Substantially Completed Work means an ongoing work in which payment equal to or
more than 90% of the present contract value (excluding the payment made for adjustment
of Price variation (PVC), if any) has been made to the contractor in that ongoing contract
and no proceedings of termination of contract on Contractor’s default has been initiated.
The credential certificate in this regard should have been issued not prior to 60 days of date
of invitation of present tender.
2. In case a work is started prior to 07 (seven) years, ending last day of month previous to
the one in which tender is invited, but completed in last 07 (seven) years, ending last
day of month previous to the one in which tender is invited, the completed work shall be
considered for fulfillment of credentials.
3. If a work is physically completed and completion certificate to this extent is issued by the
concerned organization but final bill is pending, such work shall be considered for
fulfillment of credentials
4. In case of completed work, the value of final bill (gross amount) including the PVC amount
(if paid) shall be considered as the completion cost of work. In case final bill is pending, only
the total gross amount already paid including the PVC amount (if paid) shall be considered
as the completion cost of work.
In case of substantially completed work, the total gross amount already paid including the
PVC amount (if paid), as mentioned in the certificate, shall be considered as the cost of
substantially completed work.
5. If a bidder has successfully completed a work as subcontractor and the work experience
certificate has been issued for such work to the subcontractor by a Govt. Organization or
public listed company as defined in Note for Item 10.1 Para 10 of the Tender Form
(Second Sheet), the same shall be considered for the purpose of fulfillment of credentials.
6. In case a work is considered similar in nature for fulfillment of technical credentials, the
overall cost including the PVC amount (if paid) of that completed work or
substantially completed work, shall be considered and no separate evaluation for each
component of that work shall be made to decide eligibility.
7. In case of newly formed partnership firm, the credentials of individual partners from
previous propriety firm(s) or dissolved previous partnership firm(s) or split previous
partnership firm(s), shall be considered only to the extent of their share in previous entity on
the date of dissolution / split and their share in newly formed partnership firm. For example,
a partner A had 30% share in previous entity and his share in present partnership firm is
20%. In the present tender under consideration, the credentials of partner A will be
considered to the extent of 0.3*0.2*value of the work done in the previous entity. For this
purpose, the tenderer shall submit along with his bid all the relevant documents which
include copy of previous partnership deed(s), dissolution deed(s) and proof of surrender of
Signature of Tenderer Page 62 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
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 sameas 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.]

Signature of Tenderer Page 63 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
11. Tenderer Credentials:
Documents testifying tenderer previous experience and financial status should be
produced along with the tender.
Tenderer(s) who is / are not borne on the approved list of the Contractors of
Railway shall submit along with his / their tender:
(i) Certificates and testimonials regarding contracting experience for the type of job forwhich
tender is invited with list of works carried out in the past.
(ii) Audited Balance Sheet duly certified by the Chartered Accountant regarding contractual
payments received in the past.
(iii) The list of personnel / organization on hand and proposed to be engaged for the tendered
work. Similarly list of Plant & Machinery available on hand and proposed to be inducted
and hired for the tendered work.
(iv) A copy of certificate stating that they are not liable to be disqualified and all their
statements/documents submitted along with bid are true and factual. Standard format of
the certificate to be submitted by the bidder is enclosed as Annexure-XXIV. In addition to
Annexure-XXIV in case of other than Company/Proprietary firm. Annexure-XXIV (A) shall also be
submitted by the each member of a Partnership Firm/Joint Venture (JV)/Hindu Undivided Family
(HUF)/Limited Liability Partnership (LLP) etc. as the case may be. Non submission of a copy of
certificate by the bidder shall result in summarily rejection of his/their bid. It shall be
mandatorily incumbent upon the tenderer to identify state and submit the supporting
documents duly self attested / digitally signed by which they/he are/is qualifying the
Qualifying Criteria mentioned in the Tender Document.
(v) The Railway reserves the right to verify all statements, information and documents
submitted by the bidder in his tender offer, and the bidder shall, when so required by the
Railway, make available all such information, evidence and documents as may be
necessary for such verification. Any such verification or lack of such verification, by the
Railway shall not relieve the bidder of its obligations or liabilities hereunder nor will it
affect any rights of the Railway there under.
(vi) (a) In case of any information submitted by tenderer is found to be false, forged or
incorrect at any time during process for evaluation of tenders, it shall lead to forfeiture of
the tender Bid Security besides banning of business for a period of upto two years.
(b) In case of any information submitted by tenderer is found to be false, forged or
incorrect after the award of contract, the contract shall be terminated. Bid Security,
Performance Guarantee and Security Deposit available with the railway shall be forfeited.
In addition, other dues of the contractor, if any, under this contract shall be forfeited
and agency shall be banned for doing business for a period of up to two years.

12. Non-compliance with any of the conditions set forth therein above is liable to resultin the
Signature of Tenderer Page 64 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
tender being rejected.
13. Execution of Contract Documents: The successful Tenderer(s) shall be required to
execute an agreement with the President of India acting through the
, Railway for carrying out the work according to the
Standard General Conditions of Contract, Special Conditions / Specifications annexed to
the tender and Standard Specifications (Works and Materials) of Railway as
amended/corrected up to latest correction slips, mentioned in tender form (First Sheet).
14. Documents to be Submitted Along with Tender

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

(a) Sole Proprietorship Firm:


(i) All documents in terms of TENDER FORM -2 above.

(b) HUF:
(i) A copy of notarized affidavit on Stamp Paper declaring that he who is submitting the
tender on behalf of HUF is in the position of ‘Karta’ of Hindu Undivided Family (HUF)
and he has the authority, power and consent given by other members to act on behalf
of HUF.
(ii) All other documents in terms of TENDER FORM -2 above.

(c) Partnership Firm:


(i) All documents as mentioned in para18 of the TENDER FORM -2.

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

(e) Company registered under Companies Act2013:


(i) The copies of MOA (Memorandum of Association) / AOA (Articles of Association) of
the company
(ii) A copy of Certificate of Incorporation
(iii) A copy of Authorization/Power of Attorney issued by the Company (backed by the
resolution of Board of Directors) in favour of the individual to sign the tenderon behalf
of the company and create liability against the company.

Signature of Tenderer Page 65 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
(iv) All other documents in terms TENDER FORM -2 above.
(f) LLP (Limited Liability Partnership):
(i) A copy of LLP Agreement
(ii) A copy of Certificate of Incorporation
(iii) A copy of Power of Attorney/Authorization issued by the LLP in favour of the
individual to sign the tender on behalf of the LLP and create liability against the LLP.
(iv) An undertaking by all partners of the LLP that they are not blacklisted or debarred by
Railways or any other Ministry / Department of the Govt. of India from participation in
tenders / contracts as on the date of submission of bids, either in their individual
capacity or in any firm/LLP or JV in which they were / are partners/members.
Concealment / wrong information in regard to above shall make the contract liable for
determination under Clause 62 of the Standard General Conditions of Contract.
(v) All other documents in terms of Para 10 of the Tender Form (Second Sheet).

(g) Registered Society & Registered Trust:


(i) A copy of Certificate of Registration
(ii) A copy of Memorandum of Association of Society/Trust Deed
(iii) A copy of Power of Attorney in favour of the individual to sign the tender
documents and create liability against the Society/Trust.
(iv) A copy of Rules & Regulations of the Society
(v) All other documents in terms of TENDER FORM -2above.

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

(iv) After opening of the tender, any document pertaining to the constitution of Sole
Proprietorship Firm / Partnership Firm / Registered Company/ Registered Trust / Registered
Society / HUF/LLP etc. shall be neither asked nor considered, if submitted. Further, no suo
moto cognizance of any document available in public domain (i.e., on internet etc.) or in
Railway’s record/office files etc. will be taken for consideration of the tender, if no such
mention is available in tender offer submitted.

(v) A tender from JV shall be considered only where permissible as per the tender conditions.

(vi) The Railway will not be bound by any change of power of attorney or in the composition of
the firm made subsequent to the submission of tender. Railway may, however, recognize
such power of attorney and changes after obtaining proper legal advice, the cost of which
will be chargeable to the Contractor.
15. The tenderer whether sole proprietor / a company or a partnership firm / registered society
Signature of Tenderer Page 66 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
/ 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.

16. Employment/Partnership etc. of Retired Railway Employees:


(a) Should a tenderer
i) be a retired Engineer of the gazetted rank or any other gazetted officer working before
his retirement, whether in the executive or administrative capacity or whether holding a
pensionable post or not, in the Engineering or any other department of any of the
railways owned and administered by the President of India for the time being, OR
ii) being partnership firm / joint venture (JV) / registered society / registered trust etc have
as one of its partners/members a retired Engineer of the gazetted rank or any other
gazetted officer working before his retirement, OR
iii) being an incorporated company have any such retired Engineer of the gazetted rank or
any other gazetted officer working before his retirement as one of itsdirectors
AND
in case where such Engineer or officer had not retired from government service atleast 1
year prior to the date of submission of the tender
THEN
the tenderer will give full information as to the date of retirement of such Engineer or
gazetted officer from the said service and as to whether permission for taking such
Signature of Tenderer Page 67 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
contract, or if the Contractor be a partnership firm or an incorporated company, to become
a partner or director as the case may be, has been obtained by the tenderer or the
Engineer or officer, as the case may be from the President of India or any officer, duly
authorized by him in this behalf, shall be clearly stated in writing at the time of submitting
the tender.

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

Signature of Tenderer Page 68 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

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 alongwith 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 befurnished 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 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 be normally 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.

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.
Signature of Tenderer Page 69 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
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 registered, 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
member on behalf of the Joint Venture to deal with the Contract, 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:

Signature of Tenderer Page 70 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
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 in favour of the individual to sign
the MOU/JV Agreement on behalf of the partnership firm and createliability 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 proprietary
Concern 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.

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 companyto enter
into a JV agreement,
(ii) The copies of MOA (Memorandum of Association) / AOA (Articles ofAssociation) 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

Signature of Tenderer Page 71 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
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 TENDER FORM -2above


17.14.7 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.

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.
Signature of Tenderer Page 72 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
(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 of 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.
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 member of JV shall not be less than 51% of
thefinancial 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 takenas 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
Signature of Tenderer Page 73 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
provisions of the Indian Partnership Act.

18.2 The partnership firm should have been in existence or should have been formed prior
to submission of tender. Partnership firm should have either been registered with the
Registrar or the partnership deed should have been notarized as per the Indian Partnership Act,
prior to submission of tender.

18.3 Separate identity / name should be given to the partnership firm. The partnership firm
should have PAN / TAN number in its own name and PAN / TAN number in the name of
any of the constituent partners shall not be considered. The valid constituents of the firm
shall be called partners.

18.4 Once the tender has been submitted, the constitution of the firm shall not normally be
allowed to be modified / altered / terminated during the validity of the tender as well as
the currency of the contract except when modification becomes inevitable due to
succession laws etc., in which case prior permission should be taken from Railway and in
any case the minimum eligibility criteria should not get vitiated.The re-constitution of
firm in such cases should be followed by a notary certified Supplementary Deed. The
approval for change of constitution of the firm, in any case, shall be at the sole discretion
of the Railways and the tenderer shall have no claims what-so-ever. Any change in the
constitution of Partnership firm after submission of tender shall be with the consent of all
partners and with the signatures of all partners as that in the Partnership Deed. Failure to
observe this requirement shall render the offer invalid and full Bid Security shall be
forfeited.

If any Partner/s withdraws from the firm after submission of the tender and before the
award of the contract, the offer shall be rejected and Bid Security of the tenderer will be
forfeited. If any new partner joins the firm after submission of tender but prior to award
of contract, his / her credentials shall not qualify for consideration towards eligibility
criteria either individually or in proportion to his share in the previous firm. In case the
tenderer fails to inform Railway beforehand about any such changes / modification in the
constitution which is inevitable due tosuccession 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
Signature of Tenderer Page 74 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
individual partner or in the name of authorized partner (s) shall not beconsidered.

18.7 On issue of Letter of Acceptance (LOA) to the partnership firm, all the guarantees like
Performance Guarantee, Guarantee for various Advances to the Contractor shall be
submitted only in the name of the partnership firm and no splitting of guarantees among the
partners shall be acceptable.
18.8 On issue of Letter of Acceptance (LOA), contract agreement with partnership firm shall be
executed in the name of the firm only and not in the name of any individual partner.

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

(a) Joint and several liabilities:

The partners of the firm to which the Letter of Acceptance (LOA) is issued, shallbe
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:

Signature of Tenderer Page 75 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
(i) A notarized copy of the Partnership Deed or a copy of the Partnership deed
registered with the Registrar.
(ii) A notarized or registered copy of Power of Attorney in favour of the individual to
tender for the work, sign the agreement etc. and create liability against the firm.
(iii) An undertaking by all partners of the partnership firm that they are not blacklisted
or debarred by Railways or any other Ministry / Department of the Govt. of India
from participation in tenders / contracts as on the date of submission of bids,
either in their individual capacity or in any firm/LLP in which they were / are
partners/members. Any Concealment / wrong information in regard to above shall
make the bid ineligible or the contract shall be determined under Clause 62 of the
Standard General Conditions of Contract.
(iv) All other documents in terms of TENDER FORM -2 above.

18.11 Evaluation of eligibility of a partnership firm:


Technical and financial eligibility of the firm shall be adjudged based on satisfactory
fulfillment of the eligibility criteria laid down in TENDER FORM -2 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

Signature of Tenderer Page 76 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
ANNEXURE - I (Contd. …)
TENDER FORM (Third Sheet)
Name of Work: ________
BILL OF QUANTITIES
1. Standard Schedule of Rates (SSOR) Items:

SL Item Description Approximate Unit Rates in Figures Amount


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

2. Non Standard Schedule of Rates (SSOR) Items:

SL Item Description Approximate Unit Rates in Figures Amount


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

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

Dated

Signature of the Tenderer(s)

Note: Columns 1 to 5 shall be filled by the office of the Authority inviting tender. Columns 6 & 7
shall be filled by the Tenderer(s) only when percentage tenders are not invited.
Signature of Tenderer Page 77 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
TENDER FORM -2

SECTION 4.3: General information of the Tenderer

SN. Item Description Item Details Page No.

Name of the Tenderer


1.

Sole Proprietor /Partnership Firm/


2. Constitution of Tenderer 1 Pvt. Ltd Co./Public Ltd. Co./ JV/
(Tick as applicable) Society /................. (any other)
Company Act, Firm & Societies Act,
Act under which Tenderer is
3. Co-operative Societies Act, Income-tax
Registered
Act, /… ..................... (any other) etc.

4. Registration details2

PAN No.2
5.

GSTIN No.2
6.

7. Registered Address

Communication Address along


8. with Telephone, Fax and Email
address
In case of Joint Venture (JV),
9.
MoU and other details3
Details of Bank account on
10. which payment shall be
released

Signature of Tenderer Page 78 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

SECTION 4.3: General information of the Tenderer contd.

Name of Bank, branch with IFS


a
code

b Account type, Account No.

c MICR No.

Partners of accounts in the bank


d 4

Superscript Notes:

1. Please submit the supporting documents demonstrating the status of Applicant / Tenderer
as legal person corresponding to its constitution like certificate of incorporation along
with Memorandum and Article of Association in case of Pvt./Public Ltd. Co., copy of
partnership deed, Affidavit in case of sole proprietor etc. as the case may be.

2. Please submit the copy of the registration certificate as applicable, PAN card, GSTIN
certificate should be enclosed.

3. In case of Joint Venture, details as per Annexure-VIII need to be submitted. JV firms are
not allowed to participate in the works costing less than or equal to Rs.10.00Crores.
(Railway Board letter no: 2002/CE-I/CT/37 JV Pt. VIII Dated: 14.12.2012.

4. Details of all the partners of the subject bank account need to be disclosed by the
Tenderer on its letter head under the signature of person who is authorized to operate
the subject bank account.

Signature of Tenderer Page 79 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

TENDER FORM -3
SECTION 4.4:

POWER OF ATTORNEY FORMAT FOR AUTHORISED SIGNATORY

(To be executed on non-judicial stamp paper of the appropriate value in accordance with Stamp
Duty Act. The stamp paper should be in the name of the Firm / Company who is issuing the Power
of Attorney in favour of Authorized Signatory).

POWER OF ATTORNEY

Know all men by these present, we .......................... do hereby constitute, appoint and authorize
Mr./Ms. . . . . . . . . . . . . who is presently employed with us and holding the position of . . .
. as our attorney, to do in our name and on our behalf, all such acts, deeds and things necessary
in connection with or incidental to our bid for the work of
………………………………………….including signing and submission of all documents and providing
information/ responses to Northern Railway representing us in all matters, dealing with
Northern Railway in all matters in connection with our Tender for the said work.
We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant
to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall
and shall always be deemed to have been done by us.
Dated this. . . . . . . . . day of ......................201…
Place:
(Signature…................................................ ,
Name& Designation in Block letters of Person
authorized to sign Power of Attorneyfor and on
behalf of the Applicant Tenderer)

Common Seal of CompanyI

accept.

(Signature of Authorized Signatory)


Name and Designation of AS

Signature of Tenderer Page 80 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
Notes:

(a) The mode of execution of the Power of Attorney should be in accordance with the procedure,
if any, laid down by the applicable law and the charter documents of the executants(s) and
when it is so required the same should be under common seal affixed in accordance with the
required procedure.

(b) Please refer to Para…….of GCC Part-I for requirement of the Documents to be submitted in
different cases of Tenderer being Sole Proprietor, Partnership, Private / Public Limited
Company etc.

(c) The obligations to Railway will not be affected by changes in the composition of the firm
made subsequent to the opening of the tender / execution of the contract and / or grant of
Revised Power of Attorney, if any, by the tenderer. However, changes in composition of the
Firm and / or Revised POA should be promptly advised in writing to the Tender Issuing
Authority / Contract Signing Authority as the case may be.

Witness 1: Signature…………….
Name…………………
(In Capital) Address………………
…………………………
…………………………

Witness 2: Signature…………….
Name…………………
(In Capital) Address………………
…………………………
…………………………

Signature of Tenderer Page 81 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
TENDER FORM -4A
SECTION 4.5: DETAILS OF WORKS COMPLETED IN LAST 7 FINANCIAL YEARS i.e. ……ONWARDS
TO ADJUDGETECHNICAL ELIGIBILITY
(All figures in Rs
Lacs)

SN Name of the Final cost of Actual Date of Name & Completion %age of the 4 Amount for
Work1 Completed Completion Nature of
Certificate 3 Tenderer Technical
work theFirm 2 at Page eligibility

1 2 3 4 5 6 7= 6x2

1.

2.

Total

Superscript Notes:

1. The tenderer must have successfully completed any of the following during last 07 (seven)
years, ending last day of monthprevious to the one in which tender is invited.
Three similar works costing not less than the amount equal to 30% of advertised value of
tender, orTwo similar works costing not less than the amount equal to 40% of advertised value
of tender, or
One Similar work costing not less than the amount equal to 60% of advertised value of tender.
2. Letter of Acceptance issued by Competent Authority in favour of Name of the firm who had
executed the work duly stating Name & cost of the Work, Original Date of Completion etc.,
against which the completion/Experience certificates have been attached with the tender
document, must be enclosed.
3. Completion Certificate issued by Competent Authority in favour of Name of the firm who had
executed the work duly stating Name & Final cost of the Work, Date of Completion etc. must
be attached. No printed Document like annual report etc. should be attached with Tender
Document.
4. Please go through the Annexure-VIII. If Work was executed jointly with other Firms, amount
for credentials will be considered as per applicable percentage (%age).
5. All Documents must be submitted along with the Tender failing which the claimed
credentials as above will not beconsidered at the time of evaluation of Tender. It.

Signature of tenderer Page 82 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
TENDER FORM -4B
SECTION 4.5: DETAILS OF PAYMENT RECEIVED IN LAST 3 FINANCIAL YEARS i.e. ……ONWARDS
TO ADJUDGEFINANCIAL ELIGIBILITY
(All figures in Rs Lacs)

Name of Final Date of Name & Completion %age of Contractual Payment received Amount
the cost of Completion Nature Certificate3 the4 during for
1
SN Work work of the at Page Tenderer Financial
CFY LFY LFY LFY Total
Firm 2 eligibility
1 2 3

1. 2 3 4 5 6 7 8 9 10 11 12=(6x11)
1.

2.

3.

Total

Superscript Notes:
1. Please specify details of work undertaken for which payment has been received during last
3 Financial year and current financial year up to the date of opening of tender.
2. Letter of Acceptance issued by Competent Authority in favour of Name of the firm who had
executed the work duly stating Name & cost of the Work, Original Date of Completion etc.,
against which the completion/Experience certificates have been attached with the tender
document, must be enclosed.
3. Please go through the Para 3.7 and Annexure-VIII. If Work was executed jointly with other
Firms, amount for credentialswill be considered as per applicable percentage (%age).
4. Form 16A issued by Payment Disbursing Authority (other than Private Individual) for each
Financial Year (for last 3 financial year and Certificate of payment received during current
financial year up to the date of opening of tender) mustbe attached.
5. All Documents must be submitted along with the Tender failing which the claimed
credentials as above will not be considered at the time of evaluation of Tender. It will lead
to disqualification of Tender.

Signature of tenderer Page 83 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

TENDER FORM -5
SECTION 4.6: TOP SHEET FOR SCHEDULE OF RATES / QUANTITIES
All figures are in Indian Rupees
Basic Rates (%
S.N Items amount/ Above/Below/at Chapter wiseTotal
Cost of NS par) Amount (In Figure &
In Figures In Words words both)
1 2 3 4 5
1. DSR-2021

2. NR-HQ-IR-USSOR- 2021
Horticulture -2020
3.

4 All Non-Scheduled Items


GRAND TOTAL(1 to 4).
(a) The quantities shown in above Schedule are approximate and are as a guide to give
tenderer(s) an idea of quantum of work involved. SSE wise, item wise break up of
Schedule is attached for information only. The Railway reserves the right to
increase/decrease and/or delete or include any of the quantities given above & no extra
rate will be allowed on this account.
(b) The rate/s must be quoted in figures as well as in words in col 3 & 4 respectively. In case
of discrepancy between the rate(s) quoted in figures and in words, the rate quoted in
words' shall prevail. Rates quoted without mentioning % above/ Below/ At PAR, tender
shall be rejected.

(c) In case tenderer/s quote/s multiple rates (including rebate on specific chapter or item)
against any group (each row); the offer shall be rejected.

I/We undertake to do the work at % above/below/at par rates quoted above on the specified
Schedule of Rates (as amended from time to time) and at the rates quoted above for Non
Scheduled items.
Dated……...
SCHEDULE OF RATES AND QUANTITIES: SHEET X of Sr. DEN/DEN. ADEN……………….. SSE …………………
Allocation……………………………………………… Estimate No……………………………………
Signature of tenderer Page 84 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022

Part Name of work


SN Chapter group Item No. Description Approx Unit Rates Amount
of item of Quantity in
work figure
1 2 3 4 5 6 7 8
1. DSR-2021
2. NR-HQ-IR-USSOR- 2021
Horticulture -2020
3.

4 All Non-Scheduled Items


GRAND TOTAL(1 to 4).

2. Agreement for Zone Contract:


ANNEXURE – II

Signature of tenderer Page 85 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

AGREEMENT FOR ZONE CONTRACT

CONTRACT AGREEMENT No. , DATED .


ARTICLES OF AGREEMENT made this day of
between the President of India acting through the , Northern
Railway hereinafter called the "Railway" of the other part and
Herein after called the "Contractor" of the other part.
WHEREAS the Contractor has agreed with the Railway during the period of
months from to for the performance of :
(a) New Works, additions and alterations to existing structures, special repair works and
supply of building materials subject to the contract value for such works notexceeding Rs. .
(b) All ordinary repair and maintenance works at any site between kilometer
and kilometer as will be set forth in the work orders (which
work orders shall be deemed and taken to be part of this contract) that will be issued during
the said period at % above/below the Standard Schedule of
Rates(SSOR) of the Northern Railway, corrected up to the latest Correction Slips and Standard
Specifications of the Northern Railway corrected up to latest Correction Slips and the Special
Conditions and Special Specifications, if any in conformity with the drawings (if any) that will be
issued with the work order, aforesaid AND WHEREAS the performance of the said work is an act
in which the public are interested.
NOW THIS INDENTURE PRESENTS WITNESSETH That in consideration of the payment to
be made by the Railway, the Contractor will duly perform the works set forth in the said Work
Order and shall execute the same with great promptness, care and accuracy, in a workman like
manner to the satisfaction of the Railway and will complete the same on or before the
respective dates specified therein in accordance with the said specifications and said drawings
(if any) and said conditions of contract and will observe, fulfill and keep all the conditions
therein mentioned, (which shall be deemed and taken to be part of this contract as if the same
had been duly set forth herein), ANDthe Railway both here-by agree that if the Contractor shall
duly perform the said work in the manner aforesaid and observe and keep the said terms and
conditions, the Railway will pay or cause to be paid to the Contractor for the said works on the
completion thereof the amount due in respect thereof at the rates specified above.

Signature of tenderer Page 86 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

Contractor Designation Railway


Address (For & on behalf of President of India)
Date

Witness 1: Signature…………….
Name…………………
(In Capital) Address………………
…………………………
…………………………

Witness 2: Signature…………….
Name…………………
(In Capital) Address………………
…………………………
…………………………

Signature of tenderer Page 87 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

3. Work orders for Zone Contract:


ANNEXURE - III
WORK ORDER UNDER ZONE CONTRACT

WORK ORDER NO. _________, DATED _________________UNDER


CONTRACT AGREEMENTNO. _____________________DATED _________________.
Name of Work _________(SITE)_______ Schedule of Drawings
Authority Allocation
The Contractor(s) is / are hereby ordered to
carry out the following works at % above/below the Standard Schedule of
Rates (SSOR) of Northern Railway, updated with Correction Slips issued up to date of inviting
tender of as otherwise specified in the tender documents under Zone Contract Agreement
here-in-before referred to :

Approxim- Rates in
SL Item Description of Item of Unit Amount
ate Quantity Figures and
No. Work (Rs.)
Words (Rs.)
1 2 3 4 5 6 7

Total Approximate Value of Work = Rs.

The works herein mentioned are required to be completed on or before


(Date). The quantities provided herein are approximate and subject to variation under Clause 42
of the Standard General Conditions of Contract updated with Correction Slips issued up to
dated of inviting tender or as otherwise specified in the tender documents
Divisional Railway Manager/Divisional Engineer
Division
Railway
Date
(For & on behalf of President of India)

Signature of tenderer Page 88 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

I agree to complete the works herein set forth on or before the date specified under the
Zone Contract Agreement herein before referred to in conformity with the drawings hereto
annexed and in accordance with the General and Special (if any) Conditions of Contract
updated with Correction Slips issued up to date of inviting tender or as otherwise specified in
the tender documents and the Standard Specifications of Northern Railway updated with
Correction Slips issued up to date of inviting tender or as otherwise specified in the tender
documents
I also agree to maintain such works for the period specified below from the date of
completion:
(a) Repair and maintenance work including white/colour washing: three calendar
months from date of completion.
(b) All new works except earth work: Six calendar months from date of completion.

Contractor (Signature)
Railway : Designation (For & on behalf of President of India)

Address

Date Date _______________________


Witness 1: Signature…………………..
Name………………………..
(In Capital) Address……………………
…………………………………………………
……………………………….……………………….
Witness 2: Signature………………..
Name……………………………………….
(In Capital) Address………………….
………………………………………………..
………………………………………………..

Signature of tenderer Page 89 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

4 Contract Agreements for Works: ANNEXURE - IV


NORTHERN RAILWAY
CONTRACT AGREEMENT OF WORKS
CONTRACT AGREEMENT NO. DATED
ARTICLES OF AGREEMENT made this day of 20
between President of India acting through the Railway Administration hereafter called the
"Railway" of the one part and herein after called
the "Contractor" of other part.
WHEREAS the Contractor has agreed with the Railway for performance of the works
set forth in the Bill(s) of Quantities hereto annexed upon
the Standard General Conditions of Contract, updated with Correction Slips issued up to date of
inviting tender or as otherwise specified in the tender documents and the Specifications of
updated with correction slips issued up to date of
inviting tender or as otherwise specified in the tender documents and the applicable Standard
Schedule of Rates (SSOR) of updated with correction slipsissued up to date of inviting
tender or as otherwise specified in the tender documents and the Special Conditions and
Special Specifications, if any and in conformity with the drawings here-into annexed AND
WHEREAS the performance of the said works is an act in which the public are interested.
NOW THIS INDENTURE WITNESSETH that in consideration to the payments to be made
by the Railways, the Contractors will duly perform the said works in the said Bill(s) of Quantities
set forth and shall execute the same with great promptness, care and accuracy in a workman
like manner to the satisfaction of the Railway and will complete the same in accordance with
the said specifications and said drawings and said conditions of contract on or before the day
of 20 and will maintain the said works
for a period of Calendar months from the certified
date of their completion and will observe, fulfill and keep all the conditions therein mentioned
(which shall be deemed and taken to be part of this contract, as if the same have been fully set
forth herein), AND the Railway, both hereby agree that if the Contractor shall duly perform the
said works in the manner aforesaid and observe and keep the said terms and conditions, the
Railway will pay or cause to be paid to the Contractor for the said works on the final completion
thereof the amount due in respect thereof at the rates specified in the Bill(s) of Quantities
hereto annexed.

Contractor Railway : Designation


(Signature)
(For & on behalf of President of India)

Address

Signature of tenderer Page 90 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

Date: - Date __________________

Witness 1:
Signature……………………………………………………..
Name……………………………………………………………
(In Capital) Address…………………………………......

Witness 2:
Signature…………………………………………………….
Name………………………………………………………….
(In Capital)
Address…………………………………...

Signature of tenderer Page 91 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

5. Work order for works:


ANNEXURE-V
WORK ORDER FOR WORKS
(Valued at over Rs. 5, 00,000)

WORK ORDER NO. , DATED UNDER CONTRACT AGREEMENTNO.


, DATED .

Name Of Work (S I T E)

Schedule Of Drawings

Authority Allocation

Mr. / Messers Contractor/Contractors having


agreed with the Railway is/are hereby ordered to carry out the Works set forth in the schedule
below in accordance with the Standard General Conditions of Contract corrected up to latest
Correction Slips and the Standard Specifications of Railway corrected up to
latest Correction Slips, the Schedule of Rates, corrected up to latest Correction Slips and Special
Conditions and Special Specifications, if any and inconformity with drawings annexed hereto at
the rates specified in the said, Schedule and to complete the same on or before the
day of 20 and maintain the said
works for the period of from the certified date of
completion. The quantities set forth in the said schedule shall be considered approximate and
subject to variation under Clause 42 of Standard General Conditions of Contract.
CONTRACTOR'S AGREEMENT
I offer to do the work at the rates entered in the Schedule of Rates on the reversewhich
I have signed, and I understand that no fixed quantity of work is given to me to do that in
starting work. I am only given a place to work in or to deposit materials on and that I have no
claim to more than one unit of work as entered in the Scheduled Rates. I agree that all works
done and materials delivered shall be subject to the approval of the Engineer in Charge, who
may reject and decline to pay for whatever may be, in his opinion, inferior or defective or either
and I agree that the Standard Specifications corrected up to latest Correction Slips of
Railway in so far as they are not
over-ruled by items of this agreement, shall be deemed part of this agreement.

Signature of tenderer Page 92 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

I agree that no work under this work order shall be assigned or sublet without the
previous written approval of the Engineer.
I agree that my work may be stopped at any time by the Engineer
on his giving me or my agent on the works seven days’ notice in writing and I agree that the
measurement of my works shall be made by the Engineer at any time appointed by him in
writing subsequent to the expiry of the said notice and measurement shall be made by him at
the said time whether I am present or not and that on payment for work done and approved
materials delivered-at site of work as ascertained by the saidmeasurement, I shall have no
further claim against the Railway and I agree that any dispute arisen on matters connected
with this agreement, the same shall be referred toa person to be nominated in this behalf by
the _ for the time being of
the Railway, whose decision in writing shall be final and binding on both parties.
I agree that any claim I have to make shall be made in writing within seven days of date
of measurement taken by the Engineer as aforesaid and that any claims in respect of such
measurement made more than seven days after taking of such measurement shall be deemed
to have waived by me.
I agree to indemnify the Railway against any claims which may be made under
Workmen's Compensation Act, 1923.
Witness Contractor
Name Name
Address Address

Note - If the agreement is for a work for which a Special Act of the Legislature exists,
e.g. the Indian Mines Act, the agreement shall include a clause indemnifying the Railway
against all claims arising of provision of such Act.
I agree to pay the rates at % above/below Schedule of
rates as applicable to Division set forth in the schedule of
rates herein for finished and approved work.
Engineer
Division
Railway
(For & on behalf of President of India)
Date

Signature of tenderer Page 93 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

I/We agree to complete the works herein set forth on or before the date specified
herein and to maintain the same for a period of Calendar months from
the certified date of their completion and in conformity with the document herein referred to,
and all the condition therein mentioned shall be deemed and taken to be part of this contract
as if the same had been fully set forth therein.

Contractor:

Witness 1:
Signature…………………………………………….
Name………………………………………………….
(In Capital) Address………………………......
………………………………………………………….
Witness 2:
Signature…………………………………………..
Name………………………………………………..
(In Capital) Address……………………….....
…………………………………………………………

Signature of tenderer Page 94 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

6. Work orders for Works: (In case of composite work chargeable to different
Allocation)
Annexure-VI

S. Name of work Particulars


No.

Acceptance letter with


1.
date

2. Agreement no with date

3. Cost of work

4. Security Deposit

5. Performance guarantee

6. Period of Completion

Estimate no with
7.
Allocation

DSR
S. Description of Items Rates Unit Qty Amount
Item no/
No.
NS item

Signature .................................. Signature ...........................................


Name......................................... Name & Designation ..........................
(In Capital) (In Capital)
Address...................................... Address...............................................
................................................... ............................................................
................................................... ...........................................................
Date...................................... Date......................................

Signature of tenderer Page 95 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

ANNEXURE – VII
Reference – Para 3.6
TENDERER’S CREDENTIALS (BID CAPACITY)
NORTHERN RAILWAY
For tenders having advertised value more than Rs 20 crore wherein eligibility criteria includes
bid capacity also, the tenderer will be qualified only if its available bid capacity is equal to or
more than the total bid value of the present tender. The available bid capacity shall be
calculated as under:

Available Bid Capacity = [A x N x 2] – 0.33xNxB


Where,

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

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

B = Existing commitments and balance amount of ongoing works with 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 up to 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 of 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 up to 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 of the current financial year ( up to date of inviting tender) by
each member of JV for calculating A, and

Signature of tenderer Page 96 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

(ii) Existing commitments and balance amount of ongoing works with each member of
JV either in individual capacity or as a member of other JV as per the prescribed proforma of
Railway for statement of all works in progress and also the works which are awarded to
each member of JV either in individual capacity or as a member of other JV but yet not started
up to 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.

Signature of tenderer Page 97 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

(Bid Security) Annexure –VIIA


Reference Para 3.3
Bank Guarantee Bond from any scheduled commercial bank of India
(On non-judicial stamp paper, which should be in the name of the Executing Bank).
Name of the Bank: ----------
President of India,
Acting through .............. ,
Northern Railway,

Beneficiary: ............................................................................... Railway

Date:......................................................
Bank Guarantee Bond No.: Date:---------

In consideration of the President of India acting through----- (Designation & address of


Contract Signing Authority), …….. Railway, ……………., …. (hereinafter called “The Railway”)
having invited the bid for through Notice inviting tender(NIT) No.. , We have been
informed that . . . . . [Insert name of the Bidder]............ (hereinafter called "the Bidder")
intends to submit its bid (hereinaftercalled "the Bid") .

WHEREAS, the Bidder is required to furnish Bid Security for the sum of [Insert required Value
of Bid Security], in the form of Bank Guarantee, according to conditionsof Bid.

AND
WHEREAS, ............[Insert Name of the Bank], with its Branch..................................[Insert
Address] having its Headquarters office at........ [Insert Address], hereinafter calledthe Bank,
acting through ..............[Insert Name and Designation of the authorised persons of the Bank],
have, at the request of the Bidder, agreed to give guarantee for Bid Security as hereinafter
contained, in favour of the Railway:
1. KNOW ALL MEN that by these present that I/We the undersigned [Insert name(s) of
authorized representatives of the Bank], being fully authorized to sign and incur
obligations for and on behalf of the Bank, confirm that the Bank, hereby, unconditionally
and irrevocably guarantee to pay to the Railway full amount in the sum of [Insert required
Value of Bid Security] as above stated.
2. The Bank undertakes to immediately pay on presentation of demand by the Railway any
amount up to and including aforementioned full amount without any demur, reservation
or recourse. Any such demand made by the Railway on the Bank shall be final, conclusive
and binding, absolute and unequivocal on the Bank

Signature of tenderer Page 98 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

notwithstanding any disputes raised/ pending before any Court, Tribunal, Arbitrationor any
Authority or any threatened litigation by the Bidder or Bank.
3. The Bank shall pay the amount as demanded immediately on presentation of the demand
by Railway without any reference to the Bidder and without the Railway being required to
show grounds or give reasons for its demand of the amount so demanded.
4. The guarantee hereinbefore shall not be affected by any change in the constitution of the
Bank or in the constitution of the Bidder.
5. The Bank agrees that no change, addition, modifications to the terms of the Bid document
or to any documents, which have been or may be made between the Railway and the
Bidder, will in any way absolve the Bank from the liability under this guarantee; and the
Bank, hereby, waives any requirement for notice of any such change, addition or
modification made by Railway at any time.
6. This guarantee will remain valid and effective from…….…….[insert date of issue]till
………..[insert date, which should be minimum 90 days beyond the expiry of validity of
Bid]. Any demand in respect of this Guarantee should reach the Bank within the validity
period of Bid Security.
7. The Bank Guarantee is unconditional and irrevocable.
8. The expressions Bank and Railway herein before used shall include their respective
successors and assigns.
9. The Bank hereby undertakes not to revoke the guarantee during its currency, except with
the previous consent in writing of the Railway. This guarantee is subject to the Uniform
Rules for Demand Guarantees, ICC Publication No.758.
10. The Bank hereby confirms that it is on the SFMS (Structured Financial Messaging System)
and shall invariably send the advice of this Bank Guarantee to the following bank details –

IFSC CODE SBIN000RAIL


IFSC TYPE BRANCH
BANK NAME STATE BANK OF INDIA
BRANCH NAME RAIL
CITY NAME NAVI MUMBAI
ADDRESS SECTOR-11, CBD BELAPUR, NAVIMUMBAI

DISTRICT NAVI MUMBAI


STATE MAHARASHTRA
BG ENABLED YES

Signature of tenderer Page 99 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

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

Date ………………….. ………………………………………………………….


Place………………….. Bank’s Seal and authorized signature(s)
[Name in Block letters] ……………….........
[Designation with Code No.]……………….

[P/Attorney] No.
Witness:
1 Signature, Name & Address & Seal
2 Signature, Name& address & Seal Bank’s Seal

[P/Attorney]No.

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

Signature of tenderer Page 100 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

Annexure –VIIB
Reference -Para 3.5.2
Each Bidder or each member of a JV must fill in this form separately: NAME OF

BIDDER/JV PARTNER:

Annual Contractual Turnover Data for the Previous 3/4 Years


(Contractual Payment only)
Amount Exchange Indian National Rupees
Year
Currency Rate Equivalent

Average Annual Contractual Turnover for last 3 years

1. The average annual contractual turnover shall be calculated as an average of “total


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

SEAL AND SIGNATURE OF THE BIDDER


Certified that all figures and facts submitted in this form have been furnished after full
consideration of all observations/notes in Auditor’s reports.
(Signature of Chartered Accountant)Name
of CA:
Registration No:
(Seal)

Signature of tenderer Page 101 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

ANNEXURE-VIII

7. Guidelines for submitting tenders by Partnership Firms and their EligibilityCriteria


1. 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.
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 GCC April 2022.
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 opening 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 EMDshall be forfeited.
If any Partner/s withdraws from the firm after opening of the tender and before the award
of the contract, the offer shall be rejected and EMD of the tenderer will be forfeited. If any
new partner joins the firm after opening of tender but prior to award of contract, his / her
credentials shall not qualify for consideration towards eligibility criteriaeither individually or
in proportion to his share in the previous firm. In case the tenderer fails to inform Railway
beforehand about any such changes / modification in the constitution which is inevitable
due to succession laws etc. and the contract is awarded to such firm, then it will be
considered a breach of the contract conditions liable for determination of the contract
under Clause 62 of General Conditions of Contract.
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 EMD
shall be deposited by partnership firm through e-payment gateway or as mentioned in
tender document. The EMD submitted in the name of any individual partner or in the name

Signature of tenderer Page 102 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

of authorized partner (s) shall not be considered.


18.7 One or more of the partners of the firm or any other person (s) shall be designated as
the authorized person (s) on behalf of the firm, who will be authorized by all the partners to
act on behalf of the firm through a “Power of Attorney”, specially authorizing him / them to
submit & sign the tender, sign the agreement, receive payment, witness measurements,
sign measurement books, make correspondences, compromise / settle / relinquish any
claim (s) preferred by the firm, sign “No Claim Certificate”, refer all or any dispute to
arbitration and to take similar such action in respect of the said tender / contract. Such
“Power of Attorney” shall be notarized / registered and submitted along with the tender.
18.8 On issue of Letter of Acceptance (LOA) to the partnership firm, all the guarantees like
Performance Guarantee, Guarantee for various Advances to the Contractor shall be
submitted only in the name of the partnership firm and no splitting of guarantees among
the partners shall be acceptable.
18.9 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.
18.10 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 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.

18.11 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:

Signature of tenderer Page 103 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

(i) A notarized copy of partnership deed.

(ii) A notarized or registered copy of Power of Attorney in favour of the individual to tender
for the work, sign the agreement etc. and create liability against the firm.
(iii) An undertaking by all partners of the partnership firm that they are not blacklisted or
debarred by Railways or any other Ministry / Department of the Govt. of India from
participation in tenders / contracts as on the date of opening of bids, either in their
individual capacity or in any firm in which they were / are partners. Concealment / wrong
information in regard to above shall make the contract liable for determination under
Clause 62 of the General Conditions of Contract.
(iv) All other documents in terms of explanatory notes in clause 10 above.

18.12 Evaluation of eligibility of a partnership firm: Technical and financial eligibility of


the firm shall be adjudged based on satisfactory fulfillment of the eligibility criteria laid
down in 3.5 above.

Annexure-IX
8 Details of Plant and Machinery already available with the firm.
SN Particulars No. Kind & Capacity Date by Age & Work on
of of make which the condition which it is
equipment Unit. plant would being used.
be available
for use on
this work
1 2 3 4 5 6 7
1
2

ANNEXURE –X
9. List of engineers/personnel already available/ proposed to be employed for
deployment on this work:
SN Name & Qualification Professional Organization Date by which
Designation experience with whom personnel will
working be available
for this work.

1 2 3 4 5
1
2

Signature of tenderer Page 104 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

ANNEXURE – XI

10. Statement of works being executed/in hand by the contractor/s


S N. Name and Authority/agency Date of award & Date of completion
place of for whom the work agreement No. & (Original/ actual)
work is being carried Date
out
1 2 3 4
1.

2.
3.

Agree mental Principal/ Technical SN at which relevant Payment taken


cost of work featureswork in certificate/Documents are till.
cost/likely cost brief attached

5 6 7 8

Signature of tenderer Page 105 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
Annexure-XII
11. Details of Beneficiary for Electronic Transfer of Funds

1 Beneficiary Name :

2 Beneficiary Address

3 Bank Name :

4 Branch Address :

5 IFSC Code :

6 MICR Code :

7 Account Type :

8 Account Number :

9 City : :

10 Tel./Fax No. ( if any) :

11 PAN NO. :
Service Tax
12. Registration number
linked with PAN no

13 GSTIN NO. :

Signature of
14 Beneficiary

Signature of Bank Official with Stamp

Signature of tenderer Page 106 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

ANNEXURE-XIII
12. Applicable charges/recoveries/Advance etc.
S. No. Item Description
1. Water charges In case of contractor using Railway’s water sources,
water charges will be deducted @1% of the cost of
the item(s) where water is being consumed.
2. BOCW cess The tenderers, for carrying out any construction
work, shall get themselves registered with the
Registering Officer under Section-7 of the Building
and Other Construction Workers Act, 1996 and
rules made thereto by the concerned State Govt.,
and submit certificate of Registration issued from
the Registering Officer of the concerned State Govt.
(Labour Dept.). The Cess shall be deducted from
contractor’s bills as per provisions of the Act. For
enactmentof this Act, the tenderer shall be required
to pay BOCW cess @ 1% of cost of construction
work to be deducted from each bill. Cost of
material shall be outside the purview of cess,
when supplied under a separate schedule item”.
Recoverable amount of BOCW cess at the rate of
1% shall be credited under Suspense Head Deposit
Misc (BOCW cess) before arranging payment to the
contractor as per directive of Railway Board issued
vide letter No. 2008/CE- I/CT/6 dated 08.11.2012
with the concurrence of “Finance Directorate of
Ministry of Railway”.
3. Deployment of Technical In terms of provisions of new clause 26 A.1 to the
supervisor General Conditions of Contract (GCC), Contractor
has to deploy following Qualified Engineers during
execution of work:
one qualified Graduate Engineer when cost of
work to be executed is Rs. 200 lacs and above,and
One qualified Diploma Engineer when cost of
work to be executed is more than Rs. 25 lacs,but
less than Rs. 200 lacs

Signature of tenderer Page 107 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

S. No. Item Description


Graduate/Diploma holder Engineer will be available
at site as and when or for the period as directed by
Engineer’s representative.
Further, In case the Contractor fails to employ the
Qualified Engineer, as aforesaid in above Paras, in
terms of clause 26 A.1 to the General Conditions of
Contract Part-II, shall be liable to pay an amount
of Rs. 40, 000.00 and Rs. 25, 000.00 for each
month or part thereof for thedefault period.
(Railway Board’s letter no: 2012/CE-I/CT/0/20
Dated: 10.05.2013)

4. Income Tax As applicable


5. GSTIN NO As applicable
6. Brick bat Quantity X rates of item no: 055140 + Tender %
+ 12.5% +7.5%+5%
7. Tools and plants The hire charges of tools and plants provided to the
contractor will be as per letter no 64/W2/CT/56
dated. 27-03-1967 and 64/W2/CT/56 dated:
20.11.79.
8. Mobilization advance It will be applicable as per Railway Board letter
no: 2007/CE-I/CT/18 Pt.3 dated 23.05.2012
9. Stage Payment for Steel It will be applicable as per Railway Board letter
supplied by the contractor no: 2007/CE-I/CT/183 dated: 07.3.2008
10. PVC clause Price Variation Clause (PVC) shall be applicable only
in tender having advertised value above Rs. 2
Crores. (Advance Correction Slip No. 1 of GCC-2022
dated 14.07.2022)
11. Maintenance Period Repair and maintenance work including white/
Colour washing: three calendar months from dateof
completion in case of Zonal Works.

All new works except earth work: Six calendar


months from date of completion.

For all other Works: Six calendar months.

No maintenance period is applicable for theworks


like Ballast supply, Hiring of vehicle.

Signature of tenderer Page 108 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
PART-II ANNEXURES
Annexure-XIV
Reference Para 17(B)
Registered Acknowledgement Due

PROFORMA FOR TIME EXTENSION


No. Dated:
Sub: (i) (name of work).
(ii) Acceptance letter no.
(iii) Understanding/Agreement no.
Ref: (Quote specific application of Contractor for
extension to the date received)
Dear Sir,
1. The stipulated date for completion of the work mentioned above is
. From the progress made so far and the present rate of progress, it is
unlikely that the work will be completed by the above date (or ‘However, the work was not
completed on this date’).
2. Expecting that you may be able to complete the work if some more time is given, the
competent authority, although not bound to do so, hereby extends the time for completion
from to .
3. Please note that an amount equal to the liquidated damages for delay in the completion
of the work after the expiry of (give here the
stipulated date for completion with/without any penalty fixed earlier) will be recovered from
you as mentioned in Clause 17-B of the Standard General Conditions of Contract for the
extended period, notwithstanding the grant of this extension. You may proceed with the work
accordingly.
4. The above extension of the completion date will also be subject to the further condition
that no increase in rates on any account will be payable to you.
5. Please intimate within a week of the receipt of this letter your acceptance of the
extension of the conditions stated above.
6. Please note that in the event of your declining to accept the extension on the above said
conditions or in the event of your failure after accepting or acting up to this extension to
complete the work by (here mention the extended date),
further action will be taken in terms of Clause 62 of the Standard General Conditions of
Contract.
Yours faithfully
For and on behalf of the President of India

Signature of tenderer Page 109 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

ANNEXURE-XV
Reference Para 60.(2)
CERTIFICATE OF FITNESS
1. (a) Serial Number
(b) Date

2. Name of person examined


3. Father’s Name: son/daughter of
Residing at

4. Sex
5. Residence:

6. Physical fitness
7. Identification marks
8. Date of birth, if available, and/or certified age ____________
I certify that I have personally examined (name) ________ who is
desirous of being employed in a factory or on a work requiring manual labour and that
his/her age as nearly as can be ascertained from my examination, is________________
years.

I certify that he/she is fit for employment in a factory or on a work requiring


manual labour as an adult/child.

9. Reasons for :
(a) Refusal to grant certificate, or
(b) Revoking the certificate
Signature or left hand
Thumb impression of the person examined.
Signature of Certifying Surgeon
Note: In case of physical disability, the exact details and cause of the physical disabilityshould
be clearly stated.

Signature of tenderer Page 110 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

ANNEXURE-XVI
(Reference Clause 62.(1)
Registered Acknowledgement Due
PROFORMA OF 7 DAYS NOTICE FOR WORKS AS A WHOLE/ IN PARTS
(DETAILS OF PART OF WORK TO BE MENTIONED)
RAILWAY
(Without
Prejudice)To
M/s

Dear Sir,
Contract Agreement No.
In connection with
In spite of repeated instructions to you by the subordinate offices as well as by this
officethrough various letters of even no. , dated ; you have failed to
start work/show adequate progress and/or submit detailed programme for completing the
work/ part of work (details of part of work to be mentioned).

2. Your attention is invited to this office/Chief Engineer’s office letter no.


, dated in reference to your representation, dated .

3. As you have failed to abide by the instructions issued to commence the work /to show
adequate progress of work you are hereby given 7 days’ notice in accordance with Clause 62 of
Standard General Conditions of Contract to commence works / to make good the progress,
failing which further action as provided in Clause 62 of the Standard General Conditions of
Contract viz. to terminate your Contract and complete the balance work without your
participation will be taken.

Kindly acknowledge receipt.

Yours faithfully
For and on behalf of the President of India

Signature of tenderer Page 111 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
ANNEXURE – XVII
Registered Acknowledgement Due
PROFORMA OF 48 HRS. NOTICE FOR WHOLE WORK
RAILWAY
(Without Prejudice)
To
M/s

Dear Sir,
Contract Agreement No.

In connection with

Seven days’ notice under Clause 62 of Standard General Conditions of Contract


was given to you under this office letter of even no., dated ; but
you have taken no action to commence the work/show adequate progress of the work.

2. You are hereby given 48 hours’ notice in terms of Clause 62 of Standard General
Conditions of Contract to commence works / to make good the progress of works, failing which
and on expiry of this period your above contract will be rescinded and the work under this
contract will be carried out independently without your participation and your Security Deposit
shall be forfeited and Performance Guarantee shall also be encashed and any other
consequences which may please be noted.

Kindly acknowledge receipt.

Yours faithfully
For and on behalf of the President of India

Signature of tenderer Page 112 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

ANNEXURE – XVIII
Registered Acknowledgement Due
PROFORMA OF TERMINATION NOTICE
NORTHERN RAILWAY
(Without Prejudice)
No. Dated

To
M/s

Dear Sir,
Contract Agreement No.

In connection with

Forty eight hours (48 hrs.) notice was given to you under this office letter of even no.,
dated ; but you have taken no action to commence the
work/show adequate progress of the work.

Since the period of 48 hours’ notice has already expired, the above contract stands
rescinded in terms of Clause 62 of Standard General Conditions of Contract and the balance
work under this contract will be carried out independently without your participation. Your
participation as well as participation of every member/partner in any manner as an individual
or a partnership firm/JV is hereby debarred from participation in the tender for executing the
balance work and your Security Deposit shall be forfeited and Performance Guarantee shall also
be encashed.

Kindly acknowledge receipt.


Yours faithfully
For and on behalf of the President of India

Signature of tenderer Page 113 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
ANNEXURE – XIX
Reference Para 62. (1)
Registered Acknowledgement Due

PROFORMA OF 48 HRS. NOTICE FOR PART OF THE WORK…………….


(DETAILS OF PART OF WORK TO BE MENTIONED)
NORTHERN RAILWAY
(Without Prejudice)
To
M/s

Dear Sir,
Contract Agreement No.
In connection with

1. Seven days’ notice under Clause 62 of Standard General Conditions of Contract


was given to you under this office letter of even no., dated ; but
you have taken no action to commence the work/show adequate progress of the part of
work………………………….(details of part to be mentioned).

2. You are hereby given 48 hours’ notice in terms of Clause 62 of Standard General
Conditions of Contract to commence works / to make good the progress of works, failing which
and on expiry of this period your above part of work…………………
(Details of part to be mentioned) in contract will be rescinded and the work will be carried out
independently without your participation.

3. Your full Performance Guarantee for the contract shall be forfeited and you shall
not be issued any completion certificate for the contract. However, no additional Performance
Guarantee shall be required for balance of work being executed through the part terminated
contract.

4. The contract value of part terminated contract shall stands reduced to


………………………..

Kindly acknowledge receipt.


Yours faithfully
For and on behalf of the President of India

Signature of tenderer Page 114 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
ANNEXURE – XX
Reference Para 62.(1)
Registered Acknowledgement Due

PROFORMA OF TERMINATION NOTICE FOR PART OF THE WORK……………………………….


(DETAILS OF PART OF WORK TO BE MENTIONED)
NORTHERN RAILWAY
(Without Prejudice)
No. Dated __________

To
M/s

Dear Sir,
Contract Agreement No. __________________________________________________
In connection with
1. Forty eight hours (48 hrs.) notice was given to you under this office letter of even no.,
dated ; but you have taken no action to commence the
work/show adequate progress of the part of work… ..................................(details of part to
be mentioned).
2. Your above part of work in contract …………………..(details of part to be mentioned) stands
rescinded in terms of Clause 62 of Standard General Conditions of Contract and the same
will be carried out independently without your participation. Your participation as well as
participation of every member/partner in any manner as an individual or a partnership
firm/JV is hereby debarred from participation in the tender for executing the balance work
3. Your full Performance Guarantee for the contract shall be forfeited and you shall not be
issued any completion certificate for the contract. However, no additional Performance
Guarantee shall be required for balance of work being executed through the part
terminated contract.
4. The contract value of part terminated contract stands reduced to ……………………………………
Kindly acknowledge receipt.

Yours faithfully
For and on behalf of the President of India

Signature of tenderer Page 115 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
ANNEXURE-XXI
18. Check list to be filled up by tender issuing authority
SN Description of item to be checked before Issuing Tender Pl fill Yes /
Document by Department No
Has all pages of the Tender Document are numbered serially &
1.
signed by the Tender Issuing Authority

2. Has the cost of Tender Document mentioned in the Tender Notice.

3. Has the Amount of Bid security mentioned in the Tender Notice.

Has the scope of work, location and sketches etc given in Section 3
4.
of Tender document corresponding to TOP SHEET of Form 5

Has the work of Similar nature defined in Section 3 of the Tender


5.
document

6. Has amount of single, Similar nature of work for Technical Eligibility


mentioned in superscript Note 1 of Form 4

Has amount of Financial Eligibility mentioned in superscript Note 1


7.
ofForm 4

Has the date, Time & Place of opening mentioned in the Tender
8.
Notice

In support of TOP SHEET of Form 5, has SSE wise quantities givenin


9
Schedule of rates and Quantities

10 In support of TOP SHEET of Form 5 and SSE wise quantities, has


estimate wise amount given on Tender case file.

ANNEXURE – XXII

Signature of tenderer Page 116 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
Reference Para 48. (3)
FINAL SUPPLEMENTARY AGREEMENT
Articles of agreement made this day in the year between the
President of India, acting through the Railway Administration having his
office at herein after called the Railway of the one part and
of the second part.
Whereas the party hereto of the second part executed an agreement with the party hereto of the
first part being agreement Number dated for the performance
herein after called the ‘Principal Agreement’.
And whereas it was agreed by and between the parties hereto that the works would be
completed by the party hereto of the second part on _____________date last extended’ and
whereas the party hereto of the second part has executed the work to the entire satisfaction of
the party hereto of the first part.
And whereas the party hereto of the first part already made payment to the party hereto of
the second part diverse sums from time to time aggregating to ₹ ____________ including the final
bill bearing voucher No. dated of value (the
receipt of which is hereby acknowledged by the party hereto of the second part in full and final
settlement of all his /its claims under the principal agreement.
And whereas the party hereto of the second part have received further sum of ₹ __ through the
final bill bearing voucher No. dated (the receipt of
which is hereby acknowledged by the party thereto of the second part) from the party hereto of
the first part in full and final settlement of all his/its disputed claims underprincipal agreement.
Now, it is hereby agreed by and between the parties in the consideration of sums already paid by
the party hereto of the first part to the party hereto of the second part against all outstanding
dues and claims for all works done under the aforesaid principal agreement including /excluding
the security deposit, the party hereto of the second part have no further dues of claims against
the party hereto of the first part under the said Principal Agreement. It is further agreed by and
between the parties that the party hereto of the second part has accepted the said sums
mentioned above in full and final satisfaction of all its dues and claims under the said Principal
Agreement.
It is further agreed and understood by and between the parties that the arbitration clause
contained in the said principal agreement shall cease to have any effect and/or shall be deemed to
be non-existent for all purposes.
Signature of the Contractor/s for and on behalf of the President of India
Witnesses
ADDRESS:

ANNEXURE-XXIII
Signature of tenderer Page 117 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
Reference Para 64.3 & 64.6
Agreement towards Waiver under Section 12(5) and Section 31A (5) of Arbitrationand
Conciliation (Amendment) Act
I/we.............. (Name of agency/Contractor) with reference to agreement
no .......................raise disputes as to the construction and operation of this contract, or the
respective rights and liabilities, withholding of certificate and demand arbitration inrespect of
following claims :
Brief of claim:
(i) Claim 1- Detailed at Annexure-
(ii) Claim 2 –
(iii) Claim 3 –
I/we............... (Post of Engineer) with reference to agreement no..................... hereby
raise disputes as to the construction and operation of this contract, or the respective rights and
liabilities, withholding of certificate and demand arbitration in respect offollowing claims
I/we. do/do not agree to waive off applicability of section 12(5) of Arbitration
and Conciliation (Amendment) Act.
Signature of Claimant Signature of Respondent

Agreement under Section 31(5)


I/we....... (Name of claimant) with reference to agreement no .......................... hereby
waive off the applicability of sub section 31-A (2) to 31-A (4) of the Arbitration and Conciliation
(Amendment Act. We further agree that the cost of arbitration will be shared by the parties as
per Clause 64(6) of the Standard General Conditions of Contract.

Signature of Claimant ________________ Signature of Respondent

*Strike out whichever not applicable.

Signature of tenderer Page 118 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

ANNEXURE-XXIV
Reference -Para 3.01

FORMAT FOR CERTIFICATE TO BE SUBMITTED / UPLOADED BY TENDERERALONGWITH


THE TENDER DOCUMENTS
I……………………………… (Name and designation) **appointed as the
attorney/authorized signatory of the tenderer (including its constituents),
M/s __ (hereinafter called the tenderer) for the
purpose of the tender documents for the work of ________________________as per the tender
No. ______________________of (----------Railway) **, do hereby solemnly affirm and state on
the behalf of the tenderer including its constituents as under:

1. I/we the tenderer (s) am/are signing this document after carefully reading the contents.
2. I/We the tenderer(s) also accept all the conditions of the tender and have signed all the
pages in confirmation thereof.
3. I/we hereby declare that I/we have downloaded the tender documents from Indian Railway
website www.ireps.gov.in . I/we have verified the content of the document from the
website and there is no addition, no deletion or no alteration to the content of the tender
document. In case of any discrepancy noticed at any stage i.e. evaluation of tenders,
execution of work or final payment of the contract, the master copy available with the
railway Administration shall be final and binding upon me/us.

4. I/we declare and certify that I/we have not made any misleading or false representation in
the forms, statements and attachments in proof of the qualification requirements.

5. I/We also understand that my/our offer will be evaluated based on the
documents/credentials submitted along with the offer and same shall be binding upon
me/us.

6. I/We declare that the information and documents submitted along with the tender by
me/us are correct and I/we are fully responsible for the correctness of the information
and documents, submitted by us.

7. I/we certify that I/we the tenderer(s) is/are not black listed or debarred by Railways or any
other Ministry / Department of Govt. of India from participation in tender on the date of
submission of bids, either in individual capacity or as a HUF/ member of the partnership
firm/LLP/JV/Society/Trust.

Signature of tenderer Page 119 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

8. I/we understand that if the contents of the certificate submitted by us are found to be
forged/false at any time during process for evaluation of tenders, it shall lead to forfeiture
of the Bid Security and may also lead to any other action provided in the contract including
banning of business for a period of up to two year. Further, I/we (insert name of the
tenderer) ** and all my/our constituents understand that my/our
offer shall be summarily rejected.

9. I/we also understand that if the contents of the certificate submitted by us are found to be
false/forged at any time after the award of the contract, it will lead to termination of the
contract, along with forfeiture of Bid Security/Security Deposit and Performance guarantee
and may also lead to any other action provided in the contract including banning of business
for a period of up to two years.

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

SEAL AND SIGNATUREOF THE TENDERER

Place:
Dated:

** The contents in Italics are only for guidance purpose. Details as appropriate are tobe filled
in suitably by tenderer.

This certificate is to be given by each member of JV or Partners of Partnership firm/LLP/etc.

Signature of tenderer Page 120 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

ANNEXURE-XXIV (A)
Reference -Para 3.01

(This certificate is to be given by attorney/authorized signatory/each member of Partnership


firm/Joint Venture (JV)/Hindu Undivided Family (HUF)/Limited Liability Partnership (LLP) etc.)

I/We …………………….. (Name), attorney/authorized signatory of the ………………….. (Constituent


firm/constituent partner) and member/partner of the ………………………………… (Tendering firm) hereby
solemnly affirm and state as under: -

1. I/We certify that …………………………. (Constituent firm/constituent partner) is/are not


blacklisted or debarred by Railways or any other Ministry / Department of Govt. of
India from participation in tender on the date of submission of bids, either in
individual capacity or as a HUF/member of the partnership firm/LLP/JV/Society/Trust.
2. I/We have read the clause regarding restriction on procurement from a bidder of a
country which shares a land border with India and certify that 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 fulfill all the requirements in this regard and
am/are eligible to be considered (evidence of valid registration by the competent
authority is enclosed).

SEAL AND SIGNATURE


OF THE CONSTITUENT FIRM/CONSTITUENT PARTNER

Place:

Dated:

******

Signature of tenderer Page 121 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
ANNEXURE-XXV
Reference Para 64.(3)
Certification by Arbitrators appointed under Clause 63 & 64 of Indian RailwaysGeneral
Conditions of Contract
1. Name:

2. Contact Details:

3. Prior experience (Including Experience with Arbitrations):

4. I do not have more than ten on-going Arbitration cases with me.

5. I hereby certify that I have retired from Railways w.e.f. and empanelled as Railway
Arbitrator as per ‘The Arbitration and Conciliation Act- 1996’.

6. I have no any past or present relationship in relation to the subject matter in dispute,
whether financial, business, professional or other kind.
Or
I have past or present relationship in relation to the subject matter in dispute, whether
financial, business, professional or other kind. The list of such interestsis as under:
7. I have no any past or present relationship with or interest in any of the parties whether
financial, business, professional or other kind, which is likely to give rise to justifiable
doubts as to my independence or impartiality in terms of The Arbitration and
Conciliation Act-1996.
Or
I have past or present relationship with or interest in any of the parties whether
financial, business, professional or other kind, which is likely to give rise to justifiable
doubts as to my independence or impartiality in terms of The Arbitration and
Conciliation Act-1996. The details of such relationship or interestsare as under:

8. There are no concurrent Circumstances which are likely to affect my ability to devote
sufficient time to the arbitration and in particular to finish the entire arbitration within
twelve months.

Or
There are Circumstances which are likely to affect my ability to devote sufficient time to
the arbitration and in particular to finish the entire arbitration within twelve months.
The list of such circumstances is as under:

Or
There are Circumstances which are likely to affect my ability to devote sufficient time to
the arbitration and in particular to finish the entire arbitration within twelve months. The
list of such circumstances is as under:

Signature of tenderer Page 122 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

ANNEXURE -XXVI
Name of the Bank ------------------
President of India
Acting through Sr. DFM/N. Rly,

Bank Guarantee Bond No.: Date: ---------------

PERFORMANCE GUARANTEE BOND

In consideration of the President of India acting through ----------- (Designation & address of
Contract signing Authority). Northern Railway, ------------- (hereinafter called “The Government”)
having agreed under the terms and conditions of agreement/Contract Acceptance letter No. ----
---------- dated ------------ made between----
------ (Designation & address of contract signing Authority) and --------------------------(here in after
called “the said contractor(s)” for the work--------------------------------------------------------
(here in after called “the said agreement”) having agreed for submission of a irrevocable Bank
Guarantee Bond for Rs.---------- (Rs...........only) as a performance security Guarantee Bond from
the contractor (s) for compliance of his obligations in accordance of his obligations in
accordance with the terms & conditions in the said agreement.
1. We.................. (Indicate the name of the Bank) hereinafter referred to as the Bank,
undertake to pay the Government an amount not exceeding Rs........... ( Rs.......
only) on demand by the Government.
2. We.............(indicate the name of the bank, further agree that (and promise) to pay the
amounts due and payable under this guarantee without any demur merely on a demand
from the Government through the Sr. DFM/N. Rly ( ---------------------------------- ), stating that
the amount claimed is due by way o loss or damage caused to or would be caused or
suffered by the Government by reason of any breach by the said contractor of any of
the terms of conditions contained in the said agreement or by reason of the contractor
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............. (Rupees. ................................................................................................. Only).
3. (a) We................. (indicate the name of Bank) further undertake to pay to the Government
any money so demanded notwithstanding any dispute or dispute raised by the
contractor(s) in any suite or proceeding pending before any court or Tribunal relating to
liability under this present being absolute and unequivocal.
(c) The payment so made by us under this bond shall be valid discharge of our liability
for payment there under and the contractor(s), shall have no claim against us for
making such payment.

Signature of tenderer Page 123 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
4. We,......... (indicate the name of bank) to further agree that 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 by
........(Designation & Address of contract signing authority) on behalf of the Government.
Certify that the terms and conditions of the said agreement have been fully and property
carried out by the said contractor(s) and accordingly discharges this guarantee.

5. (a) Not withstanding anything to the contrary contained herein the liability of the bank
under this guarantee will remain in force and effect until such time as this guarantee is
discharged in writing by the Government or until (date of validity/ extended validity)
whichever is earlier and no claim shall be valid under this guarantee unless notice in
writing thereof is given by the Government within validity/extended period of validity of
guarantee for the date aforesaid.
(b) Provided always that we ....................(indicate the name of the bank) unconditionally
undertakes to renew this guarantee on to extend the period of guarantee form year to
year before the expiry of the period or the extended period of the guarantee, as the case
may be on being called upon to do so by the Government. If the guarantee is not renewed
or the period extended on demand, we ..................................................... (indicate the name
of the bank) shall pay the Government the full amount of guarantee on demand and
without demur.
6. We, ...............(indicate the name of Bank) further agree with the Government that the
Government shall have the fullest liberty without our consent and without effecting in any
manner out of obligations hereunder to vary any of the terms and conditions of the said
contract from time to time or to postpone for any time or from time to time any to the
powers exercisable by the Government against the said contract (s) and to forbear or
enforce any of the terms and conditions of 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 bearance act or omission on the part of the Government or any
indulgence by the Government to the said contractor(s) or by any such matter or thing
whatsoever which under the law relating to sureties for the said reservation would relive
us fromthe liability.
7. This guarantee will not be discharged by any change in the constitution of the Bank or the
Contractor(s).
8. We, (indicate the name of the Bank) lastly undertake not to revoke this
guarantee except with the previous consent of the Government in writing.

Signature of tenderer Page 124 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
9. This guarantee shall be valid upto......... (date of Completion plus 60 days). Unless extended
on demand by Government. Notwithstanding anything to the contrary contained
hereinbefore, our liability under this guarantee is restricted to Rs................
(Rs..................only) unless a demand under this guarantee is made on us in writing on or
before............. we shall be discharged from our liabilities under this guarantee thereafter.

Dated: the day of for


(indicate the name of bank) Signature of Banks Authorised official
(Name) ..............................................
Designation with Code No................
Full Address.......................................

Witness 1:
Signature………………………………………………..
Name……………………………………………………..
(In Capital) Address………………………………..
……………………………………………………………..
………………………………….............................
Witness 2:
Signature…………………………………………….
Name…………………………………………………
(In Capital)
Address………………………………………………
…………………………………………………………..
………………………………………………………….

Signature of tenderer Page 125 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022

ANNEXURE -XXVIII

Declaration by bidder from a country sharing land border with India

I have read the clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India; I certify that this bidder is not from such a country or, if
from such a country, has been registered with the Competent Authority. I hereby certify that
this bidder fulfills all requirements in this regard and is eligible to be considered. [Where
applicable, evidence of valid registration by the Competent Authority shall be attached]

I have read the clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India and on sub-contracting to contractors from such
countries; I certify that this bidder is not from such a country or, if from such a country, has
been registered with the Competent Authority and will or sub-contract any work to a contractor
from such countries unless such contractor is registered with the Competent Authority. I hereby
certify that this bidder fulfills all requirements in this regard and is eligible to be considered.
[Where applicable, evidence of valid registration by the Competent Authority shall be
attached.]”

SEAL AND SIGNATUREOF THE TENDERER


Place:
Dated:

Special Conditions of contract and specifications for general & civil work natures:

(1) Supply of materials by the contractor/s

1. Material used in the work by the contractor shall conform to the Northern Railway Standard
Specifications and the relevant ISI/IRS specifications and should be approved by the Engineer
before utilizing them on works.
2. The material should be kept in the safe custody by contractor. Any loss of material by nature
or etc. will be the responsibility of contractor.
3. No loading, unloading, lead, lift, stacking, octroi, sale tax, toll tax , royalty or any other
charges will be paid for the materials, tools and plant and tools arranged and brought by the
contractor to the site of work.

(2) Service Roads: The contractor/s shall make his/their arrangements for service roads, paths
etc. for carrying his/their tools and plants, labour and materials etc. at his own cost The
tenderer will be deemed to have included the cost of making any service road, roads or path etc.
that may be required by him/them for playing his/their vehicles for the carriage of his /their men
and material, tools, plants and machinery for successful completion of the work. Similarly any

Signature of tenderer Page 126 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
other feeder road connecting any of the existing roads will be made by the contractor at his/their
own cost including any compensation that may be required to be paid for the temporary
occupation and or usages of Govt. land or private land and without in any way involving the
railway in any dispute for damage and/or compensation. In case Railway has its own paths,
service roads, the contractor/s will be allowed to use of such path or service roads free of cost.
He/they shall however, in no way involve the railway in any claims or dispute of whatsoever kind
due to the inaccessibility of such paths or service roads or due to their poor condition and or
maintenance or their being to be blocked and or closed.
(3) Emergency work: In the event of any accident or failure occurring in or about the work of
arising out for or in connection with the construction completion or maintenance of the work
which in the opinion of the Engineer require immediate attention, the railway may be with its
own workmen or other agency execute or partly execute the necessary work or carrying out
repairs if the Engineer considers that the contractor is not in a position to do so in time and
charge the cost thereof as to be determined by the site Engineer.
(4) Plant & machinery: In terms of clause tenderer is required to submit the list of equipment
machinery, construction tools and plants available/deployed at site. The successful tenderer on
receipt of acceptance letter and conveying their consent shall submit name, addresses,
telephone numbers, mail address of the persons to be contacted for requisitioning the above
items as detailed in forgoing clause 15.2 and notify from time to time if any change in the list of
equipments/machinery or the addresses/individuals to the Engineer in charge in writing. The
name and address, telephone number and contractor official name shall also be displayed at the
site of work. The manpower, consumable items and maintenance of the above tools and plants
when requisitioned shall be the responsibility of the tenderer so that the equipments machinery,
tools and plants shall be available for effective utilization at the accident sites, natural calamities,
breaches sites etc.
(5) Labour & Labour Camps: The contractor man power charge shall be payable @ minimum
wages as notified by the state govt./local bodies/labour department as the case may be for
highly skilled, semi skilled personnel drafted for operating the plant and machinery and other
work. Land for setting up a workshop by the contractor for his labour camp or for any other
purpose, shall have to be arranged by the contractor at his own cost and under his own
arrangements. The contractor, however, will be permitted to make use of the railway land to the
extent that can be made available to him free of cost by the railway in the vicinity of the site of
works. The contractor shall as all times be responsible for any damage or trespass committed by
his agent and workmen for carrying out the work. The Railway admn. may recommend to the
concerned authorities the issue of necessary transport permits for the work. The contractor shall
however, furnish full justification for the above facilities, to enable the railway admn. to address
the state govt. or other authorities in this connection. The contractor shall also maintain regular
log book of receipts and issued of the materials to work, if so required by the civil authorities. No
claim would however be entertained by the non issue of any priority permits or owing to any
interruption in supply. Attention is invited to clause 17(B) of the GCC-2022 and clause 8.1 of
tender conditions according to which time is the essence of the contract.
(6) Night work: If the Engineer is satisfied that the work is not likely to be completed in time
except by resorting to night work, he may order without confirming any right on the contractor
for claiming any extra payment for the same.
(7) Disposal of surplus excavated materials: The contractor shall at all time keep the site free
from all surplus earth, surplus materials, and all rubbish which shall arise from the works and
Signature of tenderer Page 127 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
should dispose o the surplus excavated materials as ordered by the Engineer failing which it will
be done at the cost of the contractor and cost will be deducted from his dues. Contractor shall
remove all unused and surplus materials tools and plants staging and refuge or other materials
produced by his operations within 15 days of completion of work.
(8) Site Inspection Register or etc.: A site inspection register will be maintained by the Engineer
or his representative, in which the contractor will be bound to sign day to day entries made by
the Engineer or his representative. The contractor is required to take note of the instructions
given to him through the site inspection register and should comply with the same within a
reasonable time. The progress work level will also be maintained in the register. The contractor
will also arrange to receive all the letters etc. issued to him at the site of works. The contractor
shall also maintain site order register, Cement register, Steel register, labour register; Plant &
machinery register land will be signed jointly by Engineer in charge and contractor.
(9) Test check of materials: If the Engineer or any representative considers it necessary for the
purpose of enabling inspection of tests analysis to be made to verify or ascertain the quality of
any part of the work or of any materials, the contractor shall provide all facilities for inspection of
tests analysis of work or material.
(10) Provision of Light signals etc.: The contractor shall make such provision for lighting the
works, materials and plant and provide all such marks and lights, signals and other appliances as
may be necessary or as may be required by the engineer or other responsible authorities during
the execution completion and maintenances of the work and shall provide all labour, stores, etc.
required for their efficient working and use at any time of day or night. The contractor will
provide upon the works to the satisfaction of the engineer and at such places as he may
nominate, proper and sufficient life saving, fire fighting and first aid appliances which shall at all
times be available for use.
(11) Damage to the Railway property or Private Life and Property: The Contractor shall be
responsible for all risk to the work and for trespass and shall make good at his own expense all
loss or damage whether to the works themselves or to any other property of the Railway or the
lives, persons or property of others from whatsoever cause in connection with the works until
they are taken over by the Railway, although all reasonable and proper precautions may have
been taken by the Contractor. In case the Railway shall be called upon to make good any costs,
loss or damages, or to pay any compensation, including that payable under the provisions of the
Workmen's Compensation Act or any statutory amendments thereof to any person or persons
sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part
of the Contractor; the amount of any costs or charges including costs and charges
in connection with legal proceedings, which the Railway may incur in reference thereto, shall be
charged to the Contractor. The Railway shall have the power and right to pay or to defend or
compromise any claim of threatened legal proceedings or in anticipation of legal proceedings
being instituted consequent on the action or default of the Contractor, to take such steps as may
be considered necessary or desirable to ward off or mitigate the effect of such
proceedings, charging to Contractor, as aforesaid; any sum or sums of money which may be paid
and any expenses whether for reinstatement or otherwise which may be incurred and the
propriety of any such payment, defence or compromise, and the incurring of any such expenses
shall not be called in question by the Contractor.
(12) Plain/Reinforced cement concrete works: The IS specification and IRS code of practice for
the structural use of reinforced concrete in bridges and buildings shall form part of those
additional specifications. Fine Aggregate (Sand) coarse sand of approved quality and conforming
Signature of tenderer Page 128 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
to NR standard specifications shall be used as fine aggregate for cement concrete/reinforced
cement concrete/controlled concrete and RBC sand shall be clean and absolutely free from dirt
and admixture of earth kankar or other deleterious matter. Local pit/river sand shall under no
circumstances be permitted for any such works. The contractor to ensure that the coarse sand,
stone chips and ballast as may be required for the work are strictly in accordance with the
standard specifications. In case these materials cannot be had according to specifications from
these sources the same should be procured from other sources by obtaining prior permission of
the Engineer in charge, provided the material/s is/are according to standard specifications. In
addition to the routine test, special tests on materials will be carried out wherever required by
the site engineer. The cost of the specific test will be borne by the railway, if the results are as
per standard laid down, failing which the cost of these tests will be borne by the contractor. If at
any stage of the work during or after placing the concrete in the structure of the work is found
defective, such defective concrete work shall be dismantled by the contractor and the work
redone with fresh concrete at the cost of contractor. Wherever chamfer or rounded corners are
mentioned in the drawing, form work should be such that chiseling or cutting is required.
(13) Form work and Shuttering: Form work shall be as specified in para 6.2 of NR standard
specifications, 2010 and shall be sufficiently rigid to resist forces caused by vibration and
incidental loads associated with it. The form work used shall be invariably oiled but not with
staining mineral oil. Only steel/water proof ply wood shuttering shall be used. At any stage if the
form work is found defective, such concrete shall be removed and work redone with fresh
concrete and with adequate rigid form works at the cost of the contractor. The surface of the
form works shall be clean, smooth and free of voids etc.
(14) Concreting: The contractor shall design the concrete mix and get the same approved by the
Engineer in charge. Necessary corrections as required from time to time during the progress of
the work shall be carried out by the contractor and got approved by the Engineer in charge. Mix.
Design shall be carried out as per ISI guidelines IS; 10261, 1982 or any other standard approved
method. The contractor will provide all facilities to the Engineer and his staff of taking samples
of concrete for arranging tests in accordance with the provision of IRS/ISI codes. Testing will be
arranged by the Engineer In charge at the cost of contractor.
(15) Reinforcement Steel: The reinforcement steel for railway projects, contractors is to be
procured from approved primary producers having integrated steel plants namely SAIL, TISCO,
RINL, JINDAL, ESSAR Inspat Industries Ltd., Bhushan Steels & MS Shyam Steel Industries Ltd. &
other firms as per the approved list of RDSO on the date of supply of steel or their authorized
dealers/authorized stock yard which should conform to latest relevant BIS specification. In case
of RDSO approved firms, contractor has to submit proof of approved firm. The yields strength of
reinforcement steel to be used in RTCC work should be 415N/Sq mm or as per approved plan or
as directed by Engineer In charge which should conform to latest relevant BIS specifications.
Before use, contractor/s will be required to get the test certificate from the manufacturers
pertaining to the various quality tests on steel reinforcement as specified in the relevant BIS code
(IS:1786) at his own cost from the laboratories approved by the Engineer In charge. Railway will
also take sample during the course of work and get the steel tested to ascertain their conformity
to the IS specifications at contractor’s cost before a particular lot is put to use. Frequency of
testing shall be as prescribed by relevant IS code. Steel having unit weights per meter not falling
within the tolerances specified in above IS code shall not be accepted. All bolds and nuts use by
contractor will be HSFG/revite as per approved by RDSO and nothing shall be paid extra on this
account.
Signature of tenderer Page 129 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
(16) Supply of Cement: Ordinary Portland cement of 43 grade/53 grade conforming to IS: 8112
& IS: 12269 respectively will normally be used. However, whenever permissible & provided in the
schedule of items, the PPC conforming to IS: 1489 may also be used. Cement shall be procured
by the contractor from the main producers or their authorized dealer of approved make such
Ambuja, Grasim, A.C.C., JK Cement & Birla Cement or any other reputed make as approved by
Engineer In charge. To improve the workability of concrete and cement grout, admixture
conforming to IS-6925 and BIS-9103 (Admixture of make MBT, SIKA, FOSROC, CICO, PROTECT)
may be permitted as directed & approved by Engineer In charge subject to satisfactory prove
use, manufacture’s certificate and laboratory test as applicable.
Cement older than 3 months from the date of manufacture as marked on the bags shall not be
accepted. Cement bags preferably in paper bag packing should bear the manufacture’s name,
registered trade mark of manufacture if any, type of cement, Weight of each bag in kgs or nos. of
bags/ton, & date of manufactures generally marked as week of the year/year of manufacture.
Quality test certificate for cements as per IS; 4031 codes shall be furnished by the contractor at
his own cost from the manufacturer, before use of cement so supplied. Railway may also take
samples during the execution of works and get the cement tested to ascertain its conformity to
the relevant IS specifications at contractor’s cost before particular lot is put to use. The tests like
Fineness, Compressive strength, Initial and final setting time & Soundness should be carried out.
In case samples tested do not pass the quality tests conducted, the entire batch of cement
supplied shall be rejected and not to be used by the contractors. For storage of cement, the
contractor shall have to construct a temporary Godown of adequate capacity at his own cost for
which land will be handed over by the Railway on written request of the contractor ,free of any
rent and bring/store the cement only on written instructions from Gazetted Officer In charge of
the work. The Consignment/trucks of cement weighed & quantity should be verified by Inspector
In charge while stacked inside Godown under his supervision. Samples for test checks of stored
cement should also be made by Engineer In charge. The contractor shall be custodian of cement
Godown and shall keep the Godown under his lock and key and ensure safe custody of cement
and should not be taken out for any other purpose. The contractor shall ensure that after
completion of the work and or determination of the contract for any reason whatsoever, the
temporary godown and labour camps should be dismantled & released the dismantled material
from the site by contractor at his own cost. All dismantled material/debris shall be removed
from the site and cleared site shall be handed over back to railway. All the released material shall
be the property of the contractor and no payment shall be made by the railway for dismantling
etc. The final bill and Bid security/security deposit shall not be released unless cleared the site in
all respect. The consumption of cement on works shall be assessed on the basis of cement
constants per unit quantity for various items of works as per DSR/2020 , DSR 2021 & NR USSOR 2021 or
as per design in case of design mix of cement concrete of specified strength where the cement is
to be used by weight where specially ordered in the NS item rate or tender conditions, a
variation of +1% (Max) will be allowed in the consumption of cement on works.
(17) Curing: All concrete work/RCC work/Brick work in cement mortar, plaster/pointing etc.
shall be continuously cured for the prescribed period as per direction of the engineer. Curing
shall be done by covering the newly lid concrete with gunny bags and keeping them wet
constantly. If it is found that contractor is not properly observing these instructions, the Engineer
In charge may undertake the curing through another agency/labour without any notice to the
contractor at the cost of the contractor. The cost incurred along with supervision charges @
12.5% of the cost with incidental will be debited to the contractor. Intimation of the employment
Signature of tenderer Page 130 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
of another agency for curing will be given in writing to the contractor as soon as possible.
(18) Timely notice for inspection of foundations or works to be covered up: The contractor
shall give notice to the Engineer in charge when and as soon as the excavation of any portion of
the site for maintaining a foundation bottom, whether above or below water, has reached the
depth and width shown on the drawings. The contractor shall also given further notice to the
Engineer in charge where ever any foundation or bottom is ready for inspection and wherever it
is necessary to cover up any work in respect of which previous inspection is desired by the
Engineer so that the engineer may inspect the same before it is covered up. No foundation or
bottom of work shall be covered up or filed or built upon without the previous consent in writing
of the Engineer. In default of such notice and consent in writing aforesaid the foundation or
bottom of the work shall on the order in writing of the engineer, be uncovered and any filling put
in or work built thereon be removed or pulled down by the contractor at his own cost.
(19) Drawing: The design of foundations, depth of foundation below the bed level may be varied
and will be decided by the design Engineer/Architect during the progress of the work according
to the actual site conditions. The drawings already prepared and which may be prepared
hereinafter are not to be taken as final nor are these bindings on the railways in any respect. The
contractor shall have no claim on the railway if any change is made in the approved drawings.
Also his inability to take timely arrangements for the necessary plants and machinery due to any
such changes which the Engineer may make will not be taken as an excuse for slow performance
or non performance of the work.
(20) Open Foundation: The bed of open foundation should be made horizontal and sides neatly
dressed and in all cases got approved by the Engineer before concrete is laid. If foundations are
laid in sandy or clayey soil, the variation in levels should not be more than 15mm. But in case, it
is laid on soft rock, boulder studded soil layer variation may be permitted by the Engineer In
charge at his discretion, according to the conditions of site in no case, concrete be laid on a
sloping bed. In case of loose pockets, the same will have to be filled with lean concrete, as
directed by the Engineer In charge for which no extra payment will be made.
(21) Brick work: All brick work shall be done in well burnt bricks as per chapter 7 of NR
specifications in cement mortar in proportions as may be specified in the drawings or as
instructed by the Engineer in charge.

Bricks shall be made from the good brick earth available in the locality from which supply is to be
made in accordance with the contract. The earth shall be free from slakes deposits, pebbles,
kankar, moulds and other deleterious matter and the brick shall be well moulded. The brick hall
be strictly in accordance with Railway specifications and sample must be tested & got
approved/passed by the Engineer in charge before use in the work.
(22) Disposal of Surplus excavated materials: All the surplus earth excavated from foundation
of building shall be utilized by the contractor for filling in acquired area irrespective of lead
or/and lift involved and dressed to the exact profile in layers duly watered and rammed as
directed by the Engineer for which no extra payment shall be made except for lead and lift
involved as per DSR/2020 & DSR 2021.
(23) Marble stone flooring: (Marble slabs): The slabs shall be of the kind of marble specified in
the item. The marble from which the slabs are made shall be of selected quality, hard, sound,
dense, and homogenous in texture, free from cracks, decay, weathering and flaws. Before
starting the work, the contractor shall get the sample of marble slab approved from the Engineer
in charge. The slabs shall be machine cut, to the required dimensions.
Signature of tenderer Page 131 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
(24) Dressing of Slabs: Every stone shall be machine cut to the required size and shape on all
sides to the full depth so that straight edge laid along with side of the stone shall be fully in
contact with it. The sides and top surface of slabs shall be machined rubbed or table rubbed with
coarse sand before paying. All edges and angles of the marble slabs shall be true, square and free
from chipping and the surface shall be level and smooth. The thickness of the slabs shall be as
specified in the description of the item.
(25) Laying: The sub grade concrete or the RCC slab on which the slabs are to be laid shall be
cleared, wetted and mopped. The bedding for the slab shall be with cement mortar 1:4 (1
cement: 4 coarse sand). The average thickness of bedding mortar under the slab shall be 20mm
and the thickness at any place under the slab shall not be less than 12 mm. The Slabs which are
fixed in the floor adjoining the wall shall not enter less than 12 mm under the plaster, skirting or
dado. The junction between the wall plaster and floor shall be finished neatly and without
waviness. The flooring shall be cured for a minimum period of 7 days.
(26) Polishing and finishing: Slight unevenness at the meeting edges of slabs shall then be
removed by fine chiseling in a slant. The surface shall then be ground and finished in the same
manner as specified in NR specification.
(27) Measurement: All works will be paid for at the tendered rate on the basis of the actual
measurement taken at site by Engineer Incharge No cognizance will be taken for heights and
thickness of the masonry over those shown in the approved drawings.
(28) Procurement of Raw Materials: Contractor shall make his own arrangement for
procurement of material intimate for expeditious completion of work covered in the contract.
The railway shall not be responsible for any loss or any damage incurred by the contractor in
c/with such procurement of material for expeditious completion of the work. Safe custody of the
material at site is contractor’s responsibility until completion of work done by contractor.
The steel and cement required for execution of the work shall be as per std. specification, 1987.
Cement: Gr.43IS8112/1989/Gr.53.
Steel: (i) Mild steel & medium tensile steel bar IS; 432-1982 IS 226-1975, refined by IS; 2062. (ii)
Hot rolled deformed bars IS;1139-1966 (iii) Cold twisted bars IS;1786-1979.
Railway reserve the right to reject the whole or part of the supply which in the judgment of the
railway does not comply with the requirements of the above mentioned IRS code of the practice
and drawings. The decision of the railway in this regard shall be final and conclusive for all
purposes in case of such rejection the contractor is bound to replace the material at his own
cost.
(29) Water & Electricity: The contractor shall be responsible for the arrangement to obtain
supply of water & electricity if required necessary for the works & his workers at his own cost.
(30) Notices to public bodies: Contractor shall give to the Municipality, police and other
authorities all notices that may be required by law and certain all requisite licenses for
temporary obstructions, enclosures and pay all fees, taxes and charges which may be livable on
account of his operations in executing the contract. He should make good any damage to
adjoining premises whether public or private and supply and maintain any lights etc. required at
night. The contractors are required to complete the works within the specified period as
provided in agreement. If the contractor fails to complete the work within specified period,
necessary action will be taken as per GCC 2022. No claim for extra payment shall be entertained
on account of the interruption to work due to rain, floods or due to delay in acquisition of land in
same portion or any other cause nor will any extra payment be made for the excavation on this
account. No claim for earthwork done in low laying water logged area, local pits and depressions
Signature of tenderer Page 132 of 134 Signature of tender inviting authority
Northern Railway Standard Tender Document-2022
containing water will be entertained by the railway. Sales tax or any other tax levied or livable by
the centre or sales tax of any other taxes of state govt. or local bodies, shall be borne by the
contractor or will be deducted from the contractor’s bill as per GCC 2022. No such taxes on
contractors labour and materials will be paid by the railway.
Variation in quantities during executing of work: - The procedure detailed below shall be adopted
for dealing with variations in quantities during execution of works contracts:
1. Individual NS items in contracts shall be operated with variation of plus or minus 25% and
payment would be made as per the agreement rate. For this, no finance concurrence would be
required.
2. In case of increase in quantity of an individual item by more than 25% of the agreement
quantity is considered as unavoidable, the same shall be got executed by floating a fresh
tender. If floating a fresh tender for operating that item is considered not practicable, quantity
of that item may be operated in excess of 125% of the agreement quantity subject to the
following conditions:
(a) Operation of an item by more than 125% of the agreement quantity needs the approval of
an officer of the rank not less than S.A. Grade:
(i) Quantities operated in excess of 125% but up to 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.
(ii) Quantities operated in excess of 140% but up to 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
(iii) Variation in quantities of individual item beyond 150% will be prohibited and would be
permitted only in exceptional unavoidable circumstances with the concurrence of
associate finance and shall be paid at 96% of the rates awarded for that in that
particular tender.
(a) The variation in quantities as per the above formula will apply only to the
Individual items of the contract and not on the overall contract value.
(b) Execution of quantities beyond 150% of the overall agreement value should
not be permitted and, if found necessary, should be only through fresh tenders
or by negotiating with existing contractor, with prior concurrence of FA &
CAO/FA&CAO(C) and approval of General Manager.
3. In cases where decease is involved during execution of contract:
(a) The contract signing authority can decrease the items up to 25% of individual item
without finance concurrence.
(c) For decrease beyond 25% for individual items or 25% of contract agreement value, the
approval of an officer not less than rank of S.A. Grade may be taken, after obtaining
‘No Claim Certificate’ from the contractor and with finance concurrence giving detailed
reasons for each such decrease in the quantities.
(d) It should be certified that the work proposed to be reduced will not be required in the
same work.

Signature of tenderer Page 133 of 134 Signature of tender inviting authority


Northern Railway Standard Tender Document-2022
4. 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.
5. No such quantity variation limit shall apply for foundation items.
6. As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule
as a whole and not on individual SOR items. However, in case of NS items, the limit of 25%
would apply on the individual items irrespective of the manner of quoting of the rate (single
percentage rate or individual item rate).
7. For the tenders accepted at the Zonal Railways level, the variation in the quantities will be
approved by the authority in whose powers the revised value of agreement lies.
8. For tenders accepted by General Manager, variations up to 125% of the original agreement
value may be accepted by General Manager.
9. For tenders accepted by Board Members and Railway Ministers, variations up to 110% of the
original agreement value may be accepted by General Manager.
10. The aspect of vitiation of tender with respect to variation in quantities should be checked and
avoided. In case of vitiation of the tender (both for increase as well as decrease of value of
contract agreement), sanction of the competent authority as per single tender should be
obtained.
-Contractor will be required to give no claim certificate at the time of signing the final bill
(31) Penalties due to unsafe work:
(a) In the event of accident at the work site, a departmental enquiry shall be held and in case it is
established that the accident has occurred on account of contractor’s negligence or the
negligence of his men, penalties up to an upper limit of 10% of the total cost of the work shall be
imposed on the contractor.
(i) In the event of contractor not completing the work or leaving it unsafe at the end of days
work so they may serve speed restrictions if required to be imposed, track shall be
attended to by the railway immediately at the contractor’s cost without any further notice.
In addition the labour cost recoverable from the contractor, supervision charges @ 12.5%
and train detention charges @ Rs. 2000/- every half hour or part thereof shall also be
recovered.
I/We agree to abide by the above terms and conditions of tender as well as general conditions
of Contract regulations and instructions to tenderer and standard form of contract 2022 edition
(corrected up to date) and N.R. Engg. Deptt. DSR 2021 & NR USSOR 2021edition (Corrected up to date)
as applicable to Ambala division.

Signature of the Tenderer _______________


Address _____________________________
Sd/-
Sr. Divisional Engineer/C,
N. Rly., Ambala Cantt
END OF THE DOCUMENT

Signature of tenderer Page 134 of 134 Signature of tender inviting authority

You might also like