Signature Not Verified
Signature Not Verified
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
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
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)
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.
xi. Relevant B.I.S. Codes updated with correction slips issued up to date of inviting tender
or as otherwise specified in the tender documents.
1.2 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.
(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.
(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
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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.
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 (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.
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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.
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:
(i) The Bid Security shall be rounded off to the nearest Rs. 100. This Bid
Security shall be applicable for all modes of tendering.
(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.
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(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.
3.5 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.
(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.
The subcontractor shall have successfully completed at least one work similar to work
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.
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 tenderers shall submit requisite information as per Annexure-VIIB, along with copies
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.
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.
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.
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.
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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
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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:-
IV. The beneficial owner of the purpose of (iii) above will be as under:
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.
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.
(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.
(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.”
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(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
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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.
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.
© 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
(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.
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:
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
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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.
3.7.7 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).
3.7.7.2 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%.
3.7.7.4 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.
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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
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.
3.7.7.14.1 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.
(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
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.
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:
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
(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 arithmetic sum of individual “financial capacity” of all the members shall be taken
as JV’s “financial capacity” to satisfy this requirement.
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
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:
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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.
(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
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(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
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
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.
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
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
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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.
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
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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
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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.
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
(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.
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
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.
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.
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.
3 Year of formation/
incorporation
4 PAN NO.
6 Address on which
correspondence regarding this
tender should be done
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
Critical Dates
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)
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
9. Drawings and sketches duly As per plan available with Divisional Office andwith
approved by CA for the site Engineer.
Tender
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:
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
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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
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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
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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.
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.
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.
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
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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 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.
12. Non-compliance with any of the conditions set forth therein above is liable to resultin the
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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:
(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.
(d) Joint Venture (JV): All documents as mentioned in para 17 of the Tender Form(Second
Sheet).
(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
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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.
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.
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.
17. Participation of Joint Venture (JV) in Works Tender: This para shall be applicable for
works tenders wherein tender documents provide for the same.
17.2 Number of members in a JV shall not be more than three, if the work involves only one
department (say Civil or S&T or Electrical or Mechanical) and shall not be more than five, if
the work involves more than one Department. One of the members of the JV shall be its
Lead Member who shall have a majority (at least 51%) share of interest in the JV. The other
members shall have a share of not less than 20% each in case of JV with upto three members
and not less than 10% each in case of JV with more than three members. In case of JV with foreign
member(s), the Lead Member has to be an Indian firm/company with a minimum share of 51%.
17.4 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.
17.11.1 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:
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
(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.
17.15 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.
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.
(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)
(Designation)
Signature of Tenderer(s) Railway Date
Date
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
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
4. Registration details2
PAN No.2
5.
GSTIN No.2
6.
7. Registered Address
c MICR No.
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.
TENDER FORM -3
SECTION 4.4:
(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)
accept.
(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………………
…………………………
…………………………
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.
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.
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.
(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
Witness 1: Signature…………….
Name…………………
(In Capital) Address………………
…………………………
…………………………
Witness 2: Signature…………….
Name…………………
(In Capital) Address………………
…………………………
…………………………
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
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
Address
Witness 1:
Signature……………………………………………………..
Name……………………………………………………………
(In Capital) Address…………………………………......
Witness 2:
Signature…………………………………………………….
Name………………………………………………………….
(In Capital)
Address…………………………………...
Name Of Work (S I T E)
Schedule Of Drawings
Authority Allocation
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
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……………………….....
…………………………………………………………
6. Work orders for Works: (In case of composite work chargeable to different
Allocation)
Annexure-VI
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
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:
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
(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.
Date:......................................................
Bank Guarantee Bond No.: Date:---------
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
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 –
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.
[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.
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:
ANNEXURE-VIII
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:
(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.
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
ANNEXURE – XI
2.
3.
5 6 7 8
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 : :
11 PAN NO. :
Service Tax
12. Registration number
linked with PAN no
13 GSTIN NO. :
Signature of
14 Beneficiary
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
ANNEXURE-XV
Reference Para 60.(2)
CERTIFICATE OF FITNESS
1. (a) Serial Number
(b) Date
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.
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.
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).
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.
Yours faithfully
For and on behalf of the President of India
Dear Sir,
Contract Agreement No.
In connection with
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.
Yours faithfully
For and on behalf of the President of India
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.
Dear Sir,
Contract Agreement No.
In connection with
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.
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
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 date, Time & Place of opening mentioned in the Tender
8.
Notice
ANNEXURE – XXII
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
ANNEXURE-XXIV
Reference -Para 3.01
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.
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)
Place:
Dated:
** The contents in Italics are only for guidance purpose. Details as appropriate are tobe filled
in suitably by tenderer.
ANNEXURE-XXIV (A)
Reference -Para 3.01
Place:
Dated:
******
2. Contact Details:
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:
ANNEXURE -XXVI
Name of the Bank ------------------
President of India
Acting through Sr. DFM/N. Rly,
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.
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.
Witness 1:
Signature………………………………………………..
Name……………………………………………………..
(In Capital) Address………………………………..
……………………………………………………………..
………………………………….............................
Witness 2:
Signature…………………………………………….
Name…………………………………………………
(In Capital)
Address………………………………………………
…………………………………………………………..
………………………………………………………….
ANNEXURE -XXVIII
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.]”
Special Conditions of contract and specifications for general & civil work natures:
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
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.