CHAPTER-1

WEST CENTRAL RAILWAY CONSTRUCTION ORGANISATION

TOP SHEET-1
1. Tender Notice No. DYCE-C-I-BPL-04-2024
2. Bidding System. Single packet system
3. Pre-bid Conference Venue and Date & time:- (To be filled up as per
(Applicable in tender having advertised NIT) Not applicable
value more than Rs. 50 Crores)

4. Name of Work: Protection works in connection with Itarasi: UP

line flyover in between Powarkheda- Jujharpur
stations.

5. Cost of Work (Rs.) As per NIT

6. Completion Period As per NIT (including monsoon period)
7. Maintenance period for civil works As per para clause 1 of Chapter 4 of Standard
Tender Document.
8. Tender Document Cost (Rs.) Nil
(e-Tender forms shall be issued free of
cost to alltenderers)
9. Dy. Chief Engineer (Con) Unit Dy. CE/C-I/BPL
10. Chief Engineer (Con) Unit CE/C-I/JBP
11. Bid security/BG/Performance guarantee to Dy. FA & CAO/ C/ BPL
be in favour of
12. Availability of Tender Document on Tender Documents will be available on IREPS web
RailwayWebsite site [Link] (for the period as
mentioned in NIT).
13. Last Date & Time of Upload of Tenders As per NIT
14. Date & Time of Opening of Tender Tender/ Technical Bids will be opened
immediatelyafter closing of Tender (As per NIT).

15. Applicability of Eligibility Criteria Yes

16. Applicability of Bid Capacity No
(Applicable in tender having advertised
value more than Rs. 20 Crores)
17. Permissibility of Participation of Joint No
Venture Firms
(Applicable in tender having advertised
value more than Rs. 10 Crores)
Signature Not 18. Applicability of Reverse Auction No
Verified (Applicable in tender having advertised
Digitally signed by
ANUPAM AWASTHI value more than Rs. 50 Crores.)
Date: 2024.07.18
[Link] IST
Reason: IREPS-CRIS
Location: New Delhi
 19. Applicability of Price Variation Clause Yes
(Applicable in tenders having advertised
value above Rs. 2 Crores)
20. Applicability of Advances to the No
Contractor.
(May be Applicable in tender having
advertisedvalue more than Rs. 50
Crores.)
21. Measurement of Works by Measurement of Works by
Railway/Measurement of Works by Railway
Contractor
22. Estimate No. & Allocation No. 3rd Revised estimate sanctioned on 18.11.2022.
Allocation no 20153103, PB Item no. 17 of 2024-
25
23. Location of work site (Dist & State) Narmadapuram, Madhyapradesh.
24. Address for physical submission of Office of Dy. CE/ Construction,
original B.G. towards Bid Security. Near DRM Office,
(Refer Para- (3) of Chapter-2) Habibganj, Bhopal-462024

Note: This Top Sheet duly filled up with relevant information shall be uploaded on IREPS separately while publishing
the NIT
 West Central Railway
(Construction Organization)

Tender Document
(Based on IR-SGCC -2022 updated up to ACS-06)

Office of
Deputy Chief Engineer (Construction)
For Chief Administrative Officer Construction)
West Central Railway, Jabalpur

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
1
 WEST CENTRAL RAILWAY CONSTRUCTION ORGANISATION
INDEX

Chapter Subject Page No.

Chapter-1 Top Sheet 1 & 2 3-4

Chapter-2 Instructions to Tenderers (ITT) -

(i) Tenders for works 5-7

(ii) Consideration of Tenders 7-9

(iii) Tender Form (First Sheet) (Annexure-I) 10

(iv) Tender Form (Second Sheet) i.e. Instructions to Tenderers 11-28

and Conditions of Tender (Annexure-I)

Chapter-3 Excerpts of Standard General Conditions of Contract 29-66

Chapter-4 Special Conditions of Contract 67-89

Chapter-5 Contractor’s Familarisation 90

Chapter-6 Annexure A to R 91-126

Chapter-7 Specimen Format for Letter of Acceptance & Contract 127-130

Agreement

Note 1. Additional Special Technical Conditions for items included

in Schedule/Bid of Quantities are enclosed separately.

2. Copy of latest IR-GCC incorporating all

amendment/correction slips issued is enclosed.

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West Central Railway, Jabalpur.
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 CHAPTER-1
WEST CENTRAL RAILWAY CONSTRUCTION ORGANISATION
TOP SHEET-1
1. Tender Notice No. --------
2. Bidding System. (Mention) Single or Two packet system
3. Pre-bid Conference Venue and Date & time:- (To be filled up as per
(Applicable in tender having advertised NIT)………………………
value more than Rs. 50 Crores)

4. Name of Work: --------

5. Dy. Chief Engineer (Con) Unit -----------

6. Chief Engineer (Con) Unit ----------
7. Applicability of Eligibility Criteria (To be filled up as per NIT)
8. Applicability of Bid Capacity (To be filled up as per NIT)
(Applicable in tender having advertised
value more than Rs. 20 Crores)
9. Permissibility of Participation of Joint (To be filled up as per NIT)
Venture Firms
(Applicable in tender having advertised
value more than Rs. 10 Crores)
10. Applicability of Reverse Auction (To be filled up as per NIT)
(Applicable in tender having advertised
value more than Rs. 50 Crores.)
11. Applicability of Price Variation Clause (To be filled up as per NIT)
(Applicable in tenders having advertised
value above Rs. 2 Crores)
12. Applicability of Advances to the (To be filled up as per NIT)
Contractor.
(May be Applicable in tender having
advertised value more than Rs. 50
Crores.)
13. Measurement of Works by (Mention) Measurement of Works by Contractor
Railway/Measurement of Works by or Railway
Contractor
14. Estimate No. & Allocation No. ---------------------

15. Location of work site (Dist & State) -------------------------

16. Address for physical submission of Mention office of concerned Dy CE/Dy CSTE/Dy
original B.G. towards Bid Security. CEE unit. --------------
(Refer Para- (3) of Chapter-2)

Note: This Top Sheet duly filled up with relevant information shall be uploaded on IREPS separately while publishing
the NIT

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
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 TOP SHEET-2
CHECK LIST FOR SUBMISSION OF TENDERS

1 All Optional documents to be submitted before signing of Contract Agreement/or at thetime

of submission of Bid.

2 List of documents which are to be submitted by the tenderer along with their offer failing
which the tender shall be summarily rejected.

2.1 If Bid Security is submitted through mode of Bank Guarantee then submission of scanned
copy of the Bank Guarantee towards Bid Security of the bid on e-tendering portal (IREPS)
and original of above Bank Guarantee shall be submitted in the office of as mention under
item no.-16 of Top Sheet-1 (as per Para-3 of Instructions to Tenderers (ITT) in Chapter-2)

2.2 Technical Eligibility Criteria as per Para 10.1 & Para 17.15.1 of Chapter-2. Details of works
completed/substantially completed during previous 07 years ending last day of month
previous to the one in which tender has been invited as shall be submitted as per Annexure-F and
F-1 (as applicable), Chapter-6 of the Tender Document along with Work
completion/experience certificate.

2.3 Financial Eligibility Criteria as per Para 10.2 & 17.15.2 of Chapter-2. For Annual contractual
turnover, Certificate as per Annexure-B of Chapter-6 of Tender Document along with the
copies of Audited Balance Sheet duly certified by the Chartered Accountant/Certificate from
Chartered Accountant duly supported by Audited Balance Sheet shall be submitted.

2.4 Details of Bid Capacity & Existing commitment as per Para 10.3 & 17.15.3 shall be
submitted as per Annexure-G & G-1 of Chapter-6 of Tender Document.

2.5 Certificate as per the proforma enclosed vide Annexure-A & A-1 (as required) Chapter-6 of
the Tender Document.

2.6 Power of attorney duly notarized and in favour of a single individual should be submitted.
As per Para 14, 15, 17 & 18 of tender form (Second sheet) of SGCC and Para15 of Chapter-
2 of the Tender Document.
3 List of important documents which are to be submitted by the tenderer along withtheir
offer.

3.1 Certificate of familiarization to the work site as per Chapter-5 of the Tender Document.

3.2 List of Plant & Machinery available on hand and proposed to be inducted and hired forthe
tendered work as per the format vide Annexure-D of Chapter-6 of Tender Document.

3.3 List of Personnel/Organisation on hand and proposed to be engaged for the tenderedwork
as per the format vide Annexure-E of Chapter-6 of the Tender Document.

3.4 Declaration regarding association of Railway Officer(s) with tenderer(s) as per the format
vide Annexure-H of Chapter-6 of the Tender Document.
3.5 Annexure-C, I, J, K, O, P of Chapter-6 of the Tender Document.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
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 CHAPTER-2
WEST CENTRAL RAILWAY CONSTRUCTION ORGANISATION
Instructions to Tenderers (ITT)
TENDERS FOR WORKS
1. Tender Form: Tender Forms shall embody the contents of the contract documents either
directly or by reference and shall be as per specimen form, Annexure-I. e-Tender Forms shall
be issued free of cost to all tenderers.
2. Omissions & Discrepancies: Should a tenderer find discrepancies in or omissions from
the drawings or any of the Tender Forms or should he be in doubt as to their meaning, he
should at once notify the authority inviting tenders. The tender inviting authority may, if
deemed necessary, clarify the same to all tenderers. It shall be understood that every endeavor
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.
3. Bid Security:
(1)(a) The tenderer shall be required to submit the Bid Security with the tender for the due
performance with the stipulation to keep the offer open till such date as specified in
the tender, under the conditions of tender. The Bid Security shall be as under:
Value of the Work Bid Security

For works estimated to 2% of the estimated cost of the work

cost up to ₹ 1 crore
For works estimated to ₹ 2 lakh plus ½% (half percent) of the excess of
cost more than ₹ 1 crore the estimated cost of work beyond ₹ 1 croresubject
to a maximum of ₹ 1 crore
Note:
(i) The Bid Security shall be rounded to the nearest ₹100. This Bid Security shall
be applicable for all modes of tendering.
(ii) Any firm recognized by Department of Industrial Policy and Promotion (DIPP)
as ‘Startups’ shall be exempted from payment of Bid Security detailed above.
(iii) Labour Cooperative Societies shall submit only 50% of above Bid Security
detailed above.
(b) It shall be understood that the tender documents have been issued to the tendererand 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. Shouldthe tenderer fail
to observe or comply with the said stipulation, the aforesaid amount shall be liable to
be forfeited to the Railway.
(c) If his tender is accepted this Bid Security mentioned in sub clause (a) above will be
retained as part security for the due and faithful fulfillment of the contract interms of
Clause 16 of the Standard General Conditions of Contract. The Bid Security of other
Tenderers shall, save as herein before provided, be returned tothem, but the Railway
shall not be responsible for any loss or depreciation thatmay happen thereto while in
their possession, nor be liable to pay interest thereon.

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West Central Railway, Jabalpur.
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(2) The Bid Security shall be deposited 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-Q of
Chapter-6 and shall be valid for a period of 90 days beyond the bid validity period.
(3) In case, submission of Bid Security in the form of Bank Guarantee, following shall be
ensured:
i. A scanned copy of the Bank Guarantee shall be uploaded on e-Procurement Portal
(IREPS) while applying to the tender.
ii. The original Bank Guarantee should be delivered in person to the official
nominated as indicated in the tender document before closing date for submission
of bids (i.e. excluding the last date of submission of bids).
iii. Non submission of scanned copy of Bank Guarantee with the bid on e-tendering
portal (IREPS) and/or non submission of original Bank Guarantee within the
specified period shall lead to summary rejection of bid.
iv. The Tender Security shall remain valid for a period of 90 days beyond the validity
period for the Tender.
v. The details of the BG, physically submitted should match with the details
available in the scanned copy and the data entered during bid submission time,
failing which the bid will be rejected.
vi. The Bank Guarantee shall be placed in an envelope, which shall be sealed. The
envelope shall clearly bear the identification “Bid for the ......................... Project”
and shall clearly indicate the name and address of the Bidder. In addition, the Bid
Due Date should be indicated on the right hand top corner of the envelope.
vii. The envelope shall be addressed to the officer and address as mentioned in the
tender document.
[Link] the envelope is not sealed and marked as instructed above, the Railway 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.
4. Care in Submission of Tenders:
(a)(i) Before submitting a tender, the tenderer will be deemed to have satisfied himself
by actual inspection of the site and locality of the works, that all conditions liable
to be encountered during the execution of the works are taken into account and
that the rates he enters in the tender forms are adequate and all inclusive to accord
with the provisions in Clause-37 of theStandard General Conditions of Contract
for the completion of works to theentire satisfaction of the Engineer.
(a)(ii) Tenderers will examine the various provisions of The Central Goods and Services
Tax Act, 2017(CGST)/ Integrated Goods and Services Tax Act, 2017(IGST)/
Union Territory Goods and Services Tax Act, 2017(UTGST)/respective state’s
State Goods and Services Tax Act (SGST) also, as notifiedby Central/State Govt.
& as amended from time to time and applicable taxesbefore bidding. Tenderers
will ensure that full benefit of Input Tax Credit (ITC) likely to be availed by them
is duly considered while quoting rates.
(a)(iii) The successful tenderer who is liable to be registered under
CGST/IGST/UTGST/SGST Act shall submit GSTIN along with other details
required under CGST/IGST/UTGST/SGST Act to railway immediately after the
award of contract, without which no payment shall be released to the Contractor.
The Contractor shall be responsible for deposition of applicable GST to the
concerned authority.
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West Central Railway, Jabalpur.
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(a)(iv) In case the successful tenderer is not liable to be registered under
CGST/IGST/UTGST/ SGST Act, the railway shall deduct the applicable GST
from his/their bills under reverse charge mechanism (RCM) and deposit the same to
the concerned authority.
(a) When work is tendered for by a firm or company, the tender shall be signedby the
individual legally authorized to enter into commitments on their behalf.
(b) 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 theexecution of
the contract. It may, however, recognize such power of attorneyand changes after
obtaining proper legal advice, the cost of which will be chargeable to the
Contractor.
4.1 The tenderers shall submit a copy of certificate stating that all their statements/documents
submitted along with bid are true and factual. Standard format of certificate to be submitted by
the bidder is enclosed as Annexure-A of Chapter-6. In addition to Annexure-A, in case of
other than Company/Proprietary firm, Annexure-A-1 shall also be submitted by the each
member of a Partnership Firm/ Joint Venture (JV)/ Hindu Undivided Family (HUF)/ Limited
Liability Partnership (LLP) etc. as the case may be. Non submission of above certificate by
the bidder shall result in summarily rejection of his/their bid. It shall be mandatorily
incumbent upon the tenderer to identify, state and submit the supporting documents duly self-
attested/digitally signed by which they/he is qualifying the Qualifying Criteria mentioned in
the Tender Document.
CONSIDERATION OF TENDERS

5. 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.
5A. 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.
5B. 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.
5C. 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.
5D. Permission to Bid for a bidder from a country which shares Land boundary with
India: Any bidder from the countries sharing a land border with India will be eligible to bid
in any procurement of works (including turnkey projects) only if the bidder is registered with
the Competent Authority. The Competent Authority for registration will be the Registration
Committee constituted by the Department for Promotion of Industry and Internal Trade
(DPIIT), Government of India. For interpretation of this para, Department of Expenditure,
Ministry of Finance, Government of India letter [Link].6/18/2019-PPD dated 23/07/2020 shall
be referred.

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West Central Railway, Jabalpur.
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 5E. Clarification of Bids: To assist in the examination, evaluation & comparison and
prequalification of the Tender, the Railway may, at its discretion, ask any Bidder for a
clarification of its Bid. Any clarification submitted by a Bidder that is not in response to a
request by the Railway shall not be entertained or considered. The Railway request for
clarification and the response of the bidder in this regard shall be in writing.
However, if a Bidder does not provide clarification of its bid by the date and time
communicated in the Railway request for clarification, the bid shall be evaluated as per the
documents submitted along with the bid.
6. Execution of Contract Document: The Tenderer whose tender is accepted shall be
required to appear in person at the office of General Manager/General Manager
(Construction), Chief Administrative Officer (Construction), Divisional Railway Manager or
concerned Engineer, as the case may be, or if tenderer is a firm or corporation, a duly
authorized representative shall appear (there would be no need for appear in person if
agreement is signed digitally) and execute the contract agreement within seven days of notice
from Railways that the Contract Agreement is ready. The Contract Agreement shall be
entered into by Railway only after submission of valid Performance Guarantee by the
Contractor. Failure to do so shall constitute a breach of the agreement affected by the
acceptance of the tender. In such cases the Railway may determine that such tenderer has
abandoned the contract and there upon his tender and acceptance thereof shall be treated as
cancelled and the Railway shall be entitled to forfeit the full amount of the Bid Security and
other dues payable to the Contractor under this contract. The failed Contractor shall be
debarred from participating in the re-tender for that work.
7. Form of Contract Document: Every contract shall be complete in respect of the
document it shall so constitute. Not less than 2 copies of the contract document shall be
signed by the competent authority and the Contractor and one copy given to the Contractor
(there would be no need for appear in person if agreement is signed digitally).
(a) For contracts for specific works, the contract document required to be executed by the
tenderer whose tender is accepted shall be an agreement as per specimen form Annexure-2
of Chapter-7.

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

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

(i) Letter of Award/Acceptance (LOA)

(ii) Bill(s) of Quantities
(iii) Special Conditions of Contract
(iv) Technical Specifications as given in tender documents
(v) Drawings
(vi) Indian Railways Standard General Conditions of Contract updated with correction slips
issued up to date of inviting tender or as otherwise specified in the tender documents.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
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(vii) Indian Railways Unified Standard Specification (IRUSS-2019) updated with correction
slips issued up to date of inviting tender or as otherwise specified in the tender documents,
if applicable in the contract.
(viii) CPWD Specifications 2019 Vol I & II updated with correction slips issued up to date of
inviting tender or as otherwise specified in the tender documents, if applicable in the
contract.
(ix) Indian Railways Unified Standard Specifications (Works and Material) 2010 updated with
correction slips issued up to date of inviting tender or as otherwise specified in the tender
documents, if applicable in the contract.
(x) IR Specifications/Guidelines updated with correction slips issued up to date of inviting
tender or as otherwise specified in the tender documents.
(xi) Relevant B.I.S. Codes updated with correction slips issued up to date of inviting tender or
as otherwise specified in the tender documents.

*****

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
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 ANNEXURE - I
WEST CENTRAL RAILWAY CONSTRUCTION ORGANISATION
TENDER FORM (First Sheet)
Tender No.
Name of Work:
To
The President of India
Acting through the Chief Administrative Officer (Con), West Central Railway
1. I/We have read the various conditions to tender attached
hereto and agree to abide by the said conditions. I/We also agree to keep this tender open for
acceptance for a period of days from the date fixed for opening the same and in
default thereof, I/We will be liable for forfeiture of my/our “Bid Security”. I/We offer to do
the work for West Central Railway, at the rates quoted in the attached bills of quantities and
hereby bind myself/ourselves to complete the work in all respects within
months from the date of issue of letter of acceptance of the tender.
2. I/We also hereby agree to abide by the Indian Railways Standard General Conditions of
Contract, with all correction slips up-to-date and to carry out the work according to the
Special Conditions of Contract and Specifications of materials and works as laid down by
Railway in the annexed Special Conditions/Specifications, Standard Schedule of Rates
(SSOR) with all correction slips up-to-date for the present contract.
3. A Bid Security of ₹ has already been deposited online/submitted as
Bank Guarantee bond. Full value of the Bid Security shall stand forfeited without prejudice to
any other right or remedies in case my/our Tender is accepted and if:
(a) I/We do not submit the Performance Guarantee within the time specified in the Tender
document;
(b) I/We do not execute the contract documents within seven days after receipt of notice
issued by the Railway that such documents are ready; and
(c) I/We do not commence the work within fifteen days after receipt of orders to that effect.
4. (a) I/We am/are a Startup firm registered by …………………… Department ofIndustrial
Policy and Promotion (DIPP) and my registration number is ........................................ valid
upto …………………. (Copy enclosed) and hence exempted from submission of Bid
Security.
5. We are a Labour Cooperative Society and our Registration No. is ............................ with
…………………..and hence required to deposit only 50% of Bid Security.
6. Until a formal agreement is prepared and executed, acceptance of this tender shall constitute
a binding contract between us subject to modifications, as may be mutually agreedto between
us and indicated in the letter of acceptance of my/our offer for this work.
Signature of Witnesses:

(1) Signature of Tenderer(s)

(2) Date

Address of the Tenderer(s)

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West Central Railway, Jabalpur.
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 ANNEXURE - I (Contd. …)

TENDER FORM (Second Sheet)

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 (as per E-Tender Document)
(d) Standard General Conditions of Contract and Standard Specifications (Works and
Materials) of Indian Railways as amended/corrected upto latest correction slips,
copies of which can be seen in the office of Dy. Chief Engineer (Con) or obtained
from the office of the Chief Engineer (Con), West Central Railway on payment of
prescribed charges.
(e) Standard Schedule of Rates (SSOR) as amended / corrected upto latest correction slips,
copies of which can be seen in the office of Dy. Chief Engineer (Con) or obtained
from the office of the Chief Engineer (Con), West Central 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
Dy. Chief Engineer (Con) 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 West Central Railway as applicable to Engineering Department
(Construction) except where he/they are required to quote item rates and must tender for all
the items shown in the Bill(s) of Quantities attached. The quantities shown in the attached
Bill(s) of Quantities are given as a guide and are approximate only and are subject to variation
according to the needs of the Railway. The Railway does not guarantee work undereach item
of the Bill(s) of Quantities. The tenderer(s) shall quote rates / rebates only at specified place
in Tender Form supplied by Railway. Any revision of rates / rebates submitted (quoted)
through a separate letter whether enclosed with the bid (Tender Form) or submitted
separately or mentioned elsewhere in the document other than specified place shall be
summarily ignored and will not be considered.
3.1 In addition to check list given in E-Tender Document under ‘Compliance’ the tenderer
should check once more on important items as under:
i) Whether the tender offer is accompanied by Power of Attorney and it is accepted by
Power of Attorney holder.
ii) Whether the details submitted in required format duly signed by tenderer and Chartered
Accountant as in Annexure-B, G & G1.

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West Central Railway, Jabalpur.
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iii) Whether all other mandatory documents uploaded without which tender offer is to
be summarily rejected or is liable to be rejected.
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.
4.1 The tender shall be finalised based on submitted documents & no post tender
correspondence shall be entertained. However, if any clarification is required, the
Railway at its discretion may sought such clarification from the Tenderers.

The Railway’s request for clarification and the response of the contractor shall be in writing.
No change in substance of the Bid shall be sought, offered or permitted Except required
clarification needed by Railway during evaluation. If the Bidder does not provide
clarifications of its Bid by the date and time set in the Railway’s request for clarification then
his/their offer(s) shall be dealt based on available information with Railways interpretation
only.

4.2 While submitting offers the tenderer(s) generally commit mistakes in submitting the
mandatory documents like Certificates regarding contracting experience, Audited Balance
Sheet duly certified by the Chartered Accountant, Certificate in respect to true and factuality
of documents, information in connection with evaluation of bid capacity, Power of Attorney,
submission of tenders by authorised signatory, JV related documents etc. As such, the
tenderer(s) should go through the tender document very carefully before submitting
his/their offer and accordingly upload all the mandatory documents and other relevant
documents as per the formats annexed in the tender document.

4.3 The works are required to be completed within a period of months as mentioned on the
NIT Header of E-Tender document from the date of issue of acceptance letter.
5. Bid Security:
(a) Subject to exemptions provided under para 3(1) (a) of Chapter-2 (ITT) of this document,
the tender must be accompanied by a Bid Security as mentioned in tender documents,
failing which the tender shall be summarily rejected.
(b) The Tenderer(s) shall keep the offer open for a minimum period of 60 days (in case of
two packet system of tendering 90 days), from the date of closing of the Tender. It is
understood that the tender documents have been issued to the Tenderer(s) and the
Tenderer(s), is / are permitted to tender in consideration of the stipulation on his / their
part that after submitting his / their tender subject to the period being extended further, if
required by mutual agreement from time to time, he will not resile from his offer or
modify the terms and conditions thereof in a manner not acceptable to the Chief
Engineer/Dy. Chief Engineer/Divisional Engineer of West Central Railway
(Construction). 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 interms of Clause 16 of the Standard General Conditions of Contract;
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West Central Railway, Jabalpur.
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 (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
Securitythat 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.
6. Rights of the Railway to deal with Tender: The authority for the acceptance of the tender
will rest with the Railway. It shall not be obligatory on the said authority to accept the lowest
tender or any other tender, and tenderer(s) shall neither demand any explanation for the cause
of rejection of his/ their tender nor the Railway to assign reasons for declining to consider or
reject any particular tender or tenders.
7. 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.
8. 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.
9. Eligibility Criteria:
10.1 Technical Eligibility Criteria:
(a) The tenderer must have successfully completed or substantially completed any one of the
following categories of works during last 07 (seven) years, ending last day of month previous
to the one in whichtender is invited:
Three similar works each costing not less than the amount equal to 30% of advertised
value of the tender,
or
Two similar works each costing not less than the amount equal to 40% of advertised
value of the tender,
or
One similar work each costing not less than the amount equal to 60% of advertised
value of the tender.
(b) (1) In case of 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 works during
last 07 (seven) years, ending last day of month previous to the one in which tender is invited:
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West Central Railway, Jabalpur.
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 Three similar works each costing not less than the amount equal to 30% of advertised
value of each component of tender,
or
Two similar works each costing not less than the amount equal to 40% of advertised
value of each component of tender,
or
One similar work each costing not less than the amount equal to 60% of advertised
value of each component of tender.
Note for
b (1) Separate completed works of minimum required values shall also be considered for
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
Contract or through subcontractor fulfilling the requirements as per clause-7 of the Standard
General Conditions of Contract or jointly i.e., partly himself and remaining through
subcontractor, with prior approval of Chief Engineer in writing.
However, if required in tender documents by way of Special Conditions, a formal agreement
duly notarised, legally enforceable in the court of law, shall be executed by the main
contractor with the subcontractor for the component(s) of work proposed to be executed by
the subcontractor(s), and shall be submitted along with the offer for considering subletting of
that scope of work towards fulfilment of technical eligibility. Such subcontractor must fulfill
technical eligibility criteria as follows:
The sub contractor shall have successfully completed at least one work similar to work
proposed for subcontract, costing not less than 35% value of work to be subletted, in last 5
years, ending last day of month previous to the one in which tender is invited through a works
contract.
Note: for subletting of work costing up to Rs 50 lakh, no previous work experience of subcontractor
shall be asked for by the Railway.

In case after award of contract or during execution of work it becomes necessary for
contractor to change subcontractor, the same shall be done with subcontractor(s) fulfilling
the requirements as per clause-7 of the Standard General Conditions of Contract, with prior
approval of Chief Engineer in writing.
Note for Item 10.1:
Work experience certificate from private individual shall not be considered. However, in
addition to work experience certificates issued by any Govt. Organisation, work experience
certificate issued by Public listed company having average annual turnover of Rs. 500 crore
and above in last 3 financial years excluding the current financial year, listed on National
Stock Exchange or Bombay Stock Exchange, incorporation/registered at least 5 year prior to
the date of closing of tender, shall also be considered provided the work experience certificate
has been issued by a person authorized by the Public listed company to issue such certificates.
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West Central Railway, Jabalpur.
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In case tenderer submits work experience certificate issued by public listed company, the
tenderer shall also submit along with work experience certificate, the relevant copy of work
order, bill of quantities, bill wise details of payment received duly certified by Chartered
Accountant. TDS certificates for all payments received and copy of final/last bill paid by
company in support of above work experience certificate.
10.2. Financial Eligibility Criteria: The tenderer must have minimum average annual
contractual turnover of V/N or ‘V’ whichever is less;
where
V= Advertised value of the tender in crores of Rupees
N= Number of years prescribed for completion of work for which bids have been invited.
The average annual contractual turnover shall be calculated as an average of “total contractual
payments” in the previous three financial years, as per the audited balance sheet. However, in
case balance sheet of the previous year is yet to be prepared/ audited, the audited balance
sheet of the fourth previous year shall be considered for calculating average annual
contractual turnover.
The tenderers shall submit requisite information as per Annexure-B of Chapter-6 along with
copies of Audited Balance Sheets duly certified by the Chartered Accountant/Certificate from
Chartered Accountant duly supported by Audited Balance Sheet.
10.3. Bid Capacity: The tender/technical bid will be evaluated based on bid capacity formula
detailed as Annexure-G & G1 of Chapter-6.
10.4 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 beas 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 previousto 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 therelevant date or immediately previous date for which rates have been
published.
Explanation for clause 10 including clause 10.1 to 10.4 - Eligibility Criteria:
1. Substantially Completed Work means an ongoing work in which payment equal to or more
than 90% of the present contract value (excluding the payment made for adjustment of
Price variation (PVC), if any) has been made to the contractor in that ongoing contract
and no proceedings of termination of contract on Contractor’s default has been initiated.
The credential certificate in this regard should have been issued not prior to 60 days of
date of invitation of present tender.
2. In case a work is started prior to 07 (seven) years, ending last day of month previous to
the one in which tender is invited, but completed in last 07 (seven) years, ending last day
of month previous to the one in which tender is invited, the completed work shall be
considered for fulfillment of credentials.
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West Central Railway, Jabalpur.
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3. If a work is physically completed and completion certificate to this extent is issued by the
concerned organization but final bill is pending, such work shall be considered for
fulfillment of credentials.
4. In case of completed work, the value of final bill (gross amount) including the PVC amount
(if paid) shall be considered as the completion cost of work. In case final bill is pending, only
the total gross amount already paid including the PVC amount (if paid) shall be considered
as the completion cost of work.
In case of substantially completed work, the total gross amount already paid including the
PVC amount (if paid), as mentioned in the certificate, shall be considered as the cost of
substantially completed work.
5. If a bidder has successfully completed a work as subcontractor and the work experience
certificate has been issued for such work to the subcontractor by a Govt. Organization or
public listed company as defined in Note for Item 10.1 Para 10 of the Tender Form (Second
Sheet), the same shall be considered for the purpose of fulfillment of credentials.
6. In case a work is considered similar in nature for fulfillment of technical credentials, the
overall cost including the PVC amount (if paid) of that completed work or substantially
completed work, shall be considered and no separate evaluation for each component of
that work shall be made to decide eligibility.

7. In case of newly formed partnership firm, the credentials of individual partners from
previous propriety firm(s) or dissolved previous partnership firm(s) or split previous
partnership firm(s), shall be considered only to the extent of their share in previous entity
onthe date of dissolution / split and their share in newly formed partnership firm. For
example, a partner A had 30% share in previous entity and his share in present
partnership firm is 20%. In the present tender under consideration, the credentials of
partner A will beconsidered 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 other partner(s) joins the firm without any
modification in the name and PAN/TAN no. of the firm, the credentials of partnership firm
shall get enhanced to the extent of credentials of newly added partner(s) on the same
principles as mentioned in item 6 above. For this purpose, the tenderer shall submit along
with his bid all the relevant documents which include copy of previous partnership deeds,
dissolution/splitting deeds and proof of surrender of PAN No.(s) in case of dissolution of
partnership firm etc.

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West Central Railway, Jabalpur.
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[Link] 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.
[Link] 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.
[Link] the percentage share among partners of a partnership firm is changed, but the partners
remain the same, the credentials of the firm before such modification in the share will
continue to be considered for the firm as it is without any change in their value. Further,
in case a partner of partnership firm retires without taking away any credentials from the
firm, the credentials of partnership firm shall remain the same as it is without any change
in their value.
[Link] 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.
[Link] case a tenderer is LLP, the credentials of tenderer shall be worked out on above lines
similar to a partnership firm.
[Link] case company A is merged with company B, then company B would get the credentials
of company A also.
11. Tenderer Credentials:
Documents testifying tenderer previous experience and financial status should be produced
along with the tender.
Tenderer(s) who is / are not borne on the approved list of the Contractors of West Central
Railway shall submit along with his / their tender:
(i) Certificates and testimonials regarding contracting experience for the type of job for
which tender is invited with list of works carried out in the past.
(ii) Audited Balance Sheet duly certified by the Chartered Accountant etc regarding
contractual paymentsreceived in the past.
(iii) The list of personnel / organization on hand and proposed to be engaged for the tendered
work. Similarly list of Plant & Machinery available on hand and proposed tobe inducted
and hired for the tendered work.
(iv) A copy of certificate stating that they are not liable to be disqualified and all their
statements/documents submitted along with bid are true and factual. Standard format of the
certificate to be submitted by the bidder is enclosed as Annexure-A of Chapter-6. In
addition to Annexure-A, in case of other than Company/Proprietary firm, Annexure-A-1
shall also be submitted by the each member of a Partnership Firm/ Joint Venture (JV)/ Hindu
Undivided Family (HUF)/ Limited Liability Partnership (LLP) etc. as the case may be. Non
submission of certificate by the bidder shall result in summarily rejection of his/their bid. It
shall be mandatorily incumbentupon the tenderer to identify state and submit the supporting
documents duly self-attested/digitally signed by which they/he are/is qualifying the
Qualifying Criteria mentioned in the Tender Document.
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West Central Railway, Jabalpur.
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(v) The Railway reserves the right to verify all statements, information and documents
submitted by the bidder in his tender offer, and the bidder shall, when so required bythe
Railway, make available all such information, evidence and documents as may be necessary
for such verification. Any such verification or lack of such verification, bythe Railway shall
not relieve the bidder of its obligations or liabilities hereunder nor will it affect any rights of
the Railway thereunder.
(vi) (a) In case of any information submitted by tenderer is found to be false, forged or
incorrect at any time during process for evaluation of tenders, it shall lead to forfeitureof the
tender Bid Security besides banning of business for a period of upto two years.
(b) In case of any information submitted by tenderer is found to be false, forged or
incorrect after the award of contract, the contract shall be terminated. Bid Security,
Performance Guarantee and Security Deposit available with the railway shall be forfeited. In
addition, other dues of the contractor, if any, under this contract shall beforfeited and agency
shall be banned for doing business for a period of upto two years.
12. Non-compliance with any of the conditions set forth therein above is liable to result
in the tender being rejected.
[Link] of Contract Documents: The successful Tenderer(s) shall be required to
execute an agreement with the President of India acting through the Chief Engineer
(Con)/Dy. Chief Engineer (Con), West Central Railway for carrying out the work according
toStandard General Conditions of Contract, Special Conditions / Specifications annexed to
the tender and Standard Specifications (Works and Materials) of Railway as
amended/correctedupto latest correction slips, mentioned in tender form (First Sheet).
[Link] to be submitted along with Tender:
(i) The tenderer shall clearly specify whether the tender is submitted on his own (Proprietary
Firm) or on behalf of a Partnership Firm / company / Joint Venture (JV) / Registered Society /
Registered Trust/Hindu Undivided Family (HUF)/Limited Liability Partnership (LLP) etc.
The tenderer(s) shall enclose the attested copies of the constitution of their concern, and copy
of PAN Card along with their tender. Tender Documents in such cases are to be signed by
such persons as may be legally competent to sign them on behalf of the firm, company,
association, trust or society, as the case may be.
(ii) Following documents shall be submitted by the tenderer:
(a) Sole Proprietorship Firm:
All documents in terms of Para 10 of the Tender Form (Second Sheet) above.
(b) HUF:
(i) A copy of notarized affidavit on Stamp Paper declaring that he who is submitting the
tender on behalf of HUF is in the position of ‘Karta’ of Hindu Undivided Family (HUF)
and he has the authority, power and consent given by other members to act on behalf of
HUF.
(ii) All other documents in terms of Para 10 of the Tender Form (Second Sheet) above.
(c) Partnership Firm:
All documents as mentioned in para 18 of the Tender Form (Second Sheet).
(d) Joint Venture (JV): All documents as mentioned in para 17 of the Tender Form (Second
Sheet).
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West Central Railway, Jabalpur.
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 (e) Company registered under Companies Act 2013:
(i) The copies of MOA (Memorandum of Association) / AOA (Articles of
Association) of the company
(ii) A copy of Certificate of Incorporation
(iii) A copy of Authorization/Power of Attorney issued by the Company (backed by the
resolution of Board of Directors) in favour of the individual to sign the tender on
behalfof the company and create liability against the company.
(iv) All other documents in terms of Para 10 of the Tender Form (Second Sheet) above.
(f) LLP (Limited Liability Partnership):
(i) A copy of LLP Agreement
(ii) A copy of Certificate of Incorporation
(iii) A copy of Power of Attorney/Authorization issued by the LLP in favour of the
individual to sign the tender on behalf of the LLP and create liability against the LLP.
(iv) An undertaking by all partners of the LLP that they are not blacklisted or debarred by
Railways or any other Ministry / Department of the Govt. of India from participation
intenders / contracts as on the date of submission of bids, either in their individual
capacity or in any firm/LLP or JV in which they were / are partners/members.
Concealment / wrong information in regard to above shall make the contract liable
for determination under Clause 62 of the Standard General Conditions of Contract.
(v) All other documents in terms of Para 10 of the Tender Form (Second Sheet) above.
(g) Registered Society & Registered Trust:
(i) A copy of the Certificate of Registration
(ii) A copy of Memorandum of Association of Society/Trust Deed
(iii) A copy of Power of Attorney in favour of the individual to sign the tender
documents and create liability against the Society/Trust.
(iv) A copy of Rules & Regulations of the Society
(v) All other documents in terms of Para 10 of the Tender Form (Second Sheet) above
(iii) If it is NOT mentioned in the submitted tender that tender is being submitted on behalf of
a Sole Proprietorship firm / Partnership firm / Joint Venture / Registered Company etc.,
then the tender shall be treated as having been submitted by the individual who has signed
the tender.
(iv) After opening of the tender, any document pertaining to the constitution of Sole
Proprietorship Firm / Partnership Firm / Registered Company/ Registered Trust /
Registered Society / HUF/LLP etc. shall be neither asked nor considered, if submitted.
Further, no suo moto cognizance of any document available in public domain (i.e., on
internet etc.) or in Railway’s record/office files etc. will be taken for consideration of the
tender, if no such mention is available in tender offer submitted.
(v) A tender from JV / Partnership firm etc. shall be considered only where permissible as per
the tender conditions.

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West Central Railway, Jabalpur.
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(vi) The Railway will not be bound by any change of power of attorney or in the composition
of the firm made subsequent to the submission of tender. Railway may, however, recognize
such power of attorney and changes after obtaining proper legal advice, the cost of which
will be chargeable to the Contractor.
15. The tenderer whether sole proprietor/ a company or a partnership firm / registered society/
registered trust/ HUF/ LLP etc if they want to act through agent or individual partner(s),
should submit along with the tender, a copy of power of attorney duly stamped and
authenticated by a Notary Public or by Magistrate in favour of the specific person
whether he/they be partner(s) of the firm or any other person specifically authorizing
him/them to submit the tender, and further to deal with the Tender/ Contract up to the stage
of signing the agreement except in case where such specific person is authorized for above
purposes through a provision made in the partnership deed / Memorandum of
Understanding / Article of Association /Board resolution, failing which tender shall be
summarily rejected.
A separate power of attorney duly stamped and authenticated by a Notary Public or by
Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any
other person, shall be submitted after award of work, specifically authorizing him/them to deal
with all other contractual activities subsequent to signing of agreement, if required.
Note: A Power of Attorney executed and issued overseas, the document will also have to be
legalized by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney
is being issued. However, the Power of Attorney provided by Bidders from countries that have
signed the Hague Legislation Convention 1961 are not required to be legalized by the Indian
Embassy if it carries a conforming Appostille certificate.
 For JV participation, all the members (i.e. Partnership Firm/ Proprietary Firm or HUF/
Company/LLP Firm/Society or Trust) shall invariably submit Power of
Attorney/Affidavit/Authorization in favour of the individual to sign the MOU/JV Agreement
on behalf of the partnership firm and create liability against the firm as per para-17.14.1(iii),
17.14.2(i), 17.14.3(iv), 17.14.4(iv), 17.14.5(iv) of SGCC, otherwise offer will be summarily
rejected.
[Link]/Partnership etc. of Retired Railway Employees (Para-16 of SGCC):
(a) Should a tenderer
i) be a retired Engineer of the gazetted rank or any other gazetted officer working before
his retirement, whether in the executive or administrative capacity or whether holding a
pensionable post or not, in the Engineering or any other department of any of the
railways owned and administered by the President of India for the time being,
OR
ii) being partnership firm / joint venture (JV) / registered society / registered trust etc have
as one of its partners/members a retired Engineer of the gazetted rank or any other
gazetted officer working before his retirement,
OR
iii) being an incorporated company have any such retired Engineer of the gazetted rank or
any other gazetted officer working before his retirement as one of its directors

AND
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West Central Railway, Jabalpur.
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 in case where such Engineer or officer had not retired from government service at
least 1 year prior to the date of submission of the tender
THEN
the tenderer will give full information as to the date of retirement of such Engineer or
gazetted officer from the said service and as to whether permission for taking such
contract, or if the Contractor be a partnership firm or an incorporated company, to
become a partner or director as the case may be, has been obtained by the tenderer or
the Engineer or officer, as the case may be from the President of India or any officer,
duly authorized by him in this behalf, shall be clearly stated in writing at the time of
submitting the tender.
b) In case, upon successful award of contract, should a tenderer depute for execution of
the works under or to deal matters related with this contract, any retired Engineer of
gazette rank or retired gazetted officer working before his retirement in the
Engineering or any other department of any of the railways owned and administered
by the President of India for the time being, and now in his employment, then the
tenderer will ensure that retired Engineer or retired gazetted officer had retired from
government service at least 1 year prior to the date of his employment with tenderer
and in case he had retired from service within a year then he possesses the requisite
permission from the President of India or any officer, duly authorized by him in this
behalf, to get associated with the tenderer.
c) Should a tenderer or Contractor being an individual, have member(s) of his family or
in the case of partnership firm/ company / joint venture (JV) / registered society /
registered trust etc. one or more of his partner(s)/shareholder(s) or member(s) of the
family of partner(s)/shareholder(s) having share of more than 1% in the tendering
entity employed in gazetted capacity in the Engineering or any other department of the
railway, then the tenderer at the time of submission of tender, will inform the authority
inviting tenders the details of such persons.
Note: -If information as required as per 16. (a), (b) & (c) above has not been furnished,
contract isliable to be dealt in accordance with provision of clause 62 of Standard General
Condition of contract.
JOINT VENTURE (JV) IN WORKS TENDERS
17. Participation of Joint Venture (JV) in Works Tender: This para shall be applicable for
works tenders wherein tender documents provide for the same.
17.1Separate identity/name shall be given to the Joint Venture.
17.2 Number of members in a JV shall not be more than three, if the work involves only one
department (say Civil or S&T or Electrical or Mechanical) and shall not be more than five,
if the work involves more than one Department. One of the members of the JV shall beits
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 ofJV with
foreign member(s), the Lead Member has to be an Indian firm/company with a minimum
share of 51%.
17.3 A member of JV shall not be permitted to participate either in individual capacity or as a
member of another JV in the same tender.

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17.4 The tender form shall be purchased and submitted only in the name of the JV and notin
the name of any constituent member. The tender form can however be submitted by JV
or any of its constituent member or any person authorized by JV through Power of
Attorney to submit tender.

17.5 Bid Security shall be submitted by JV or authorized person of JV either as:

(i) Cash through e-payment gateway or as mentioned in tender document, or
(ii) Bank Guarantee bond either in the name of JV, or in the name of all members of JV as per
MOU irrespective of their share in the JV if the JV has not been constituted legally till the
date of submission of tender.
17.6 A copy of Memorandum of Understanding (MoU) duly executed by the JV members
on a stamp paper, shall be submitted by the JV along with the tender. The complete details of
the members of the JV, their share and responsibility in the JV etc. particularly with reference
to financial, technical and other obligations shall be furnished in the MoU.
17.7 Once the tender is submitted, the MoU shall not normally be modified / altered /
terminated during the validity of the tender. In case the tenderer fails to observe/comply
withthis stipulation, the full Bid Security shall be liable to be forfeited.
17.8 Approval for change of constitution of JV shall be at the sole discretion of the Railway.
The constitution of the JV shall not normally be allowed to be modified after submission of
the tender bid by the JV, except when modification becomes inevitable due tosuccession 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 renderthe offer invalid.
17.9 Similarly, after the contract is awarded, the constitution of JV shall not 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.
17.10 On award of contract to a JV, a single Performance Guarantee shall be submitted by
the JV as per tender conditions. All the Guarantees like Performance Guarantee, Bank
Guarantee for Mobilization Advance, Machinery Advance etc. shall be accepted only in the
name of the JV and no splitting of guarantees amongst the members of the JV shall be
permitted.
17.11 On issue of LOA (Letter of Acceptance), the JV entity to whom the work has been
awarded, with the same shareholding pattern as was declared in the MOU/JV Agreement
submitted along with the tender, shall be got registered before the Registrar of the Companies
under 'The Companies Act - 2013' (in case JV entity is to be registered as Company) or
before the Registrar/Sub-Registrar under the 'The Indian Partnership Act, 1932' (in case JV
entity is to be registered as Partnership Firm) or under 'The LLP Act 2008' (in case JV entity
is to be registered as LLP). A separate PAN shall be obtained for this entity. The
documents pertaining to this entity including its PAN shall be furnished to the Railways
before signing the contract agreement for the work. In case the tenderer fails to
observe/comply with this stipulation within 60 days of issue of LOA, contract is liable to be
terminated. In case contract is terminated railway shall be entitled to forfeit the full amount
of the Bid Security and other dues payable to the Contractor under this contract. The entity
so registered, in the registered documents, shall have, inter-alia, following Clauses:
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West Central Railway, Jabalpur.
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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 shallalso 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 ofwork 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 onlyto this authorized member of the JV.
17.13 No member of the Joint Venture shall have the right to assign or transfer the interest
right or liability in the contract without the written consent of the other members and that of
the Railway in respect of the said tender/contract.
17.14 Documents to be enclosed by the JV along with the tender:
17.14.1 In case one or more of the members of the JV is/are partnership firm(s),
following documents shall be submitted:
(i) A notarized copy of the Partnership Deed or a copy of the Partnership deed registered with
the Registrar.
(ii) A copy of consent of all the partners or individual authorized by partnership firm, to enter
into the Joint Venture Agreement on a stamp paper,
(iii) A notarized or registered copy of Power of Attorney (duly registered as per prevailing
law) in favour of the individual to sign the MOU/JV Agreement on behalf of the partnership
firm and create liability against the firm.
(iv) An undertaking by all partners of the partnership firm that they are not blacklisted or
debarred by Railways or any other Ministry / Department of the Govt. of India from
participation in tenders / contracts as on the date of submission of bids, either in their
individual capacity or in any firm/LLP in which they were / are partners/members. Any
Concealment / wrong information in regard to above shall make the bid ineligible or the
contract shall be determined under Clause 62 of the Standard General Conditions of Contract.
17.14.2 In case one or more members is/are Proprietary Firm or HUF, the following
documents shall be enclosed:
(i) A copy of notarized affidavit on Stamp Paper declaring that his Concern is a 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.

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West Central Railway, Jabalpur.
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17.14.3 In case one or more members of the JV is/are companies, the following
documents shall be submitted:
(i) A copy of resolutions of the Directors of the Company, permitting the company to enter
into a JV agreement,
(ii) The copies of MOA (Memorandum of Association) / AOA (Articles of Association) of
the company
(iii) A copy of Certificate of Incorporation
(iv) A copy of Authorization/copy of Power of Attorney issued by the Company (backed by
the resolution of Board of Directors) in favour of the individual to sign the tender, sign
MOU/JV Agreement on behalf of the company and create liability against the company.

17.14.4 In case one or more members of the JV is/are LLP firm/s, the following
documents shall be submitted:
(i) A copy of LLP Agreement
(ii) A copy of Certificate of Incorporation of LLP
(iii) A copy of resolution passed by partners of LLP firm, permitting the Firm to enter into a
JV agreement
(iv) A copy of Authorization /copy of Power of Attorney issued by the LLP firm (backed by
resolution passed by the Partners) in favour of the individual, to sign the tender and/or sign
the MOU/ JV agreement on behalf of the LLP and create liability against the LLP.
(v) An undertaking by all partners of the LLP that they are not blacklisted or debarred by
Railways or any other Ministry / Department of the Govt. of India from participation in
tenders / contracts as on the date of submission of bids, either in their individual capacity or
in any firm/LLP or JV in which they were / are partners/members. Any Concealment / wrong
information in regard to above shall make the contract liable for determination under Clause
62 of the Standard General Conditions of Contract.
17.14.5 In case one or more members of the JV is/are Society/s or Trust/s, the following
documents shall be submitted:
(i) A copy of Certificate of Registration
(ii) A copy of Memorandum of Association of Society/Trust Deed
(iii) A copy of Rules & Regulations of the Society
(iv) A copy of Power of Attorney, in favour of the individual to sign the tender documents
and create liability against the Society/Trust.
17.14.6 All other documents in terms of Para 10 of the Tender Form (Second Sheet)
above.
17.14.7 A Power of Attorney executed and issued overseas, the document will also have to
be legalized by the Indian Embassy and notarized in the jurisdiction where the Power of
Attorney is being issued. However, the Power of Attorney provided by Bidders from countries
that have signed the Hague Legislation Convention 1961 are not required to be legalized by
the Indian Embassy if it carries a conforming Appostille certificate.
17.15 Credentials & Qualifying Criteria: Technical, financial eligibility and Bid
capacity of the JV shall be adjudged based on satisfactory fulfillment of the following
criteria:
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West Central Railway, Jabalpur.
24
17.15.1 Technical Eligibility Criteria (‘a’ or ‘b’ mentioned hereunder):
(a) For Works without composite components
The technical eligibility for the work as per para 10.1 above, shall be satisfied by either the
‘JV in its own name & style’ or ‘Lead member of the JV’.
Each other (non-lead) member(s) of JV, who is/ are not satisfying the technical eligibility for
the work as per para 10.1 above, shall have technical capacity of minimum 10% of the cost
of work i.e., each non-lead member of JV member must have satisfactorily completed or
substantially completed during the last 07 (seven) years, ending last day of month previous
to the one in which tender is invited, one similar single work for a minimum of 10% of
advertised value of the tender.
(b) For works with composite components
The technical eligibility for major component of work as per para 10.1 above, shall be
satisfied by either the ‘JV in its own name & style’ or ‘Lead member of the JV’ and
technical eligibility for other component(s) of work as per para 10.1 above, shall be satisfied
by either the ‘JV in its own name & style’ or ‘any member of the JV’.
Each other (non-lead) member(s) of JV, who is/ are not satisfying the technical eligibility for
any component of the work as per para 10.1 above, shall have technical capacity of minimum
10% of the cost of any component of work mentioned in technical eligibility criteria. i.e.,
each other (non lead) member of must have satisfactorily completed or substantially
completed during the last 07 (seven) years, ending last day of month previous to the one in
which tender is invited, one similar single work for a minimum of 10% of cost of any
component of work mentioned in technical eligibility criteria.
Note for Clause 17.15.1:
(a) The Major component of the work for this purpose shall be the component of work having
highest value. In cases where value of two or more component of work is same, any one
work can be classified as Major component of work.
(b) Value of a completed work done by a Member in an earlier JV shall be reckoned only to
the extent of the concerned member's share in that JV for the purpose of satisfying his/her
compliance to the above mentioned technical eligibility criteria in the tender under
consideration.
17.15.2 Financial Eligibility Criteria
The JV shall satisfy the requirement of “Financial Eligibility” mentioned at para 10.2 above.
The “financial capacity” of the lead partner of JV shall not be less than 51% of the
financial eligibility criteria mentioned at para 10.2 above.
The arithmetic sum of individual “financial capacity” of all the members shall be taken as
JV’s “financial capacity” to satisfy this requirement.
Note: Contractual payment received by a Member in an earlier JV shall be reckoned only to
the extent of the concerned member’s share in that JV for the purpose of satisfying
compliance of the above mentioned financial eligibility criteria in the tender under
consideration.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
25
17.15.3 Bid Capacity
The JV shall satisfy the requirement of “Bid Capacity” requirement mentioned at para 10.3
above. The arithmetic sum of individual “Bid capacity” of all the members shall be taken as
JV’s “Bid capacity” to satisfy this requirement.
18 Participation of Partnership Firms in works tenders:
18.2 The Partnership Firms participating in the tender should be legally valid under the
provisions of the Indian Partnership Act.
18.3 The partnership firm should have been in existence or should have been formed prior to
submission of tender. Partnership firm should have either been registered with the
Registrar or the partnership deed should have been notarized prior to date of tender
opening as per the Indian Partnership Act prior to submission of tender.
18.4 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.
18.5 Once the tender has been submitted, the constitution of the firm shall not 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 before hand about any such changes
/ modification in the constitution which is inevitable due to succession laws etc. and the
contract is awarded to such firm, then it will be considered a breach of the contract
conditions liable for determination of the contract under Clause 62 of the Standard
General Conditions of Contract.
18.6 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.
18.7 The tender form shall be submitted only in the name of partnership firm. The Bid
Security shall be submitted by partnership firm through e-payment gateway or as
mentioned in tender document. The EMD submitted in the name of any individual
partner or in the name of authorized partner (s) shall not be considered.
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West Central Railway, Jabalpur.
26
 18.8 On issue of Letter of Acceptance (LOA) to the partnership firm, all the guarantees like
Performance Guarantee, Guarantee for various Advances to the Contractor shall be
submitted only in the name of the partnership firm and no splitting of guarantees
among the partners shall be acceptable.
18.9 On issue of Letter of Acceptance (LOA), contract agreement with partnership firm
shall be executed in the name of the firm only and not in the name of any individual
partner.
18.10 In case the Letter of Acceptance (LOA) is issued to a partnership firm, the
following undertakings shall be furnished by all the partners through a notarized
affidavit, before signing of contract agreement.
(a) Joint and several liabilities:
The partners of the firm to which the Letter of Acceptance (LOA) is issued, shall be
jointly and severally liable to the Railway for execution of the contract in accordance
with General and Special Conditions of the Contract. The partners shall also be liable
jointly and severally for the loss, damages caused to the Railway during the course of
execution of the contract or due to non-execution of the contract or part thereof.
(b) Duration of the partnership deed and partnership firm agreement:
The partnership deed/partnership firm agreement shall normally not be
modified/altered/ terminated during the currency of contract and the maintenance period
after the work is completed as contemplated in the conditions of the contract. Any
change carried out by partners in the constitution of the firm without permission of
Railway, shall constitute a breach of the contract, liable for determination of the contract
under Clause 62 of the Standard General Conditions of Contract.

(c) Governing laws: The partnership firm agreement shall in all respect be governed by and
interpreted in accordance with the Indian laws.

(d) No partner of the firm shall have the right to assign or transfer the interest right or
liability in the contract without the written consent of the other partner/s and that of
the Railway.

18.11 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:
(i) A notarized copy of partnership Deed or a copy of the Partnership deed registered with
the Registrar.
(ii) A notarized or registered copy of Power of Attorney in favour of the individual to tender
for the work, sign the agreement etc. and create liability against the firm.
(iii) An undertaking by all partners of the partnership firm that they are not blacklisted or
debarred by Railways or any other Ministry / Department of the Govt. of India from
participation in tenders / contracts as on the date of submission of bids, either in their
individual capacity or in any firm 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.
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West Central Railway, Jabalpur.
27
(iv) All other documents in terms of Para 10 of the Tender Form (Second Sheet) above.
18.12 Evaluation of eligibility of a partnership firm:
Technical and financial eligibility of the firm shall be adjudged based on satisfactory
fulfillment of the eligibility criteria laid down in Para 10 of the Tender Form (Second
Sheet) above.
19 Advances to Contractor –
If specifically provided in Tender Documents of tender having advertised value more than
Rs 50 Crores, Railway shall make payment, as an Interest bearing advances, as per
Contractor’s request. These advances shall carry a simple interest @ RBI Bank Rate + 5%
(Ref- Rly Board’s Lr. No. 2018/CE-I/CT/1 dtd. 10.03.2022). The payment and recovery
of such advances shall be made as per manners prescribed in Clause 46.4 of the Standard
General Conditions of Contract.

*****

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
28
 CHAPTER-3
WEST CENTRAL RAILWAY CONSTRUCTION ORGANISATION
EXCERPTS OF STANDARD GENERAL CONDITIONS OF CONTRACT
GENERAL OBLIGATIONS
1. (1) Law Governing the Contract: The contract shall be governed by the law for the time
being in force in the Republic of India. (Para-3.(1) of SGCC-2022)
1.(2) Compliance to Regulations and Bye-Laws: The Contractor shall conform to the
provision of any statute relating to the works and regulations and bye-laws of any local
authority and of any water and lighting companies or undertakings, with whose system the
work is proposed to be connected and shall before making any variation from the drawings
or the specifications that may be necessitated by so confirming give to the Engineer notice
specifying the variation proposed to be made and the reason for making the variation and
shall not carry out such variation until he has received instructions from the Engineer in
respect thereof. The Contractor shall be bound to give all notices required by statute,
regulations or bye-laws as aforesaid and to pay all fees and taxes payable to any authority in
respect thereof. (Para-3.(2) of SGCC-2022)
1.(3) Environmental and Forest clearances:
The Railway represents and warrants that the environmental and forest clearances pertaining
to the work commensurate with the progress of work/agreed programme, will be obtained by
Engineer. In the event of any delay in securing respective clearances leading to delay in
execution of work, the Contractor shall be entitled to Extension of Time for the period of
such delay in accordance with the provisions of Clause-17A(ii) of SGCC-2022. (Para-3.(3)
of SGCC-2022)
2. Communications to be in Writing: All notices, communications, reference and
complaints made by the Railway or the Engineer or the Engineer's Representative or the
Contractor inter-se concerning the works shall be in writing or e-mail on registered e-mail
IDs and no notice, communication, reference or complaint not in writing or through e-mail,
shall be recognized. (Para-4 of SGCC-2022)
3. Service of Notices on Contractors: The Contractor shall furnish to the Engineer the
name, designation and address of his authorized agent and all complaints, notices,
communications and references shall be deemed to have been duly given to the Contractor,
if delivered to the Contractor or his authorized agent or left at or posted to the address so
given and shall be deemed to have been so given in the case of posting on day on which they
would have reached such address in the ordinary course of post/e-mail or on the day on which
they were so delivered or left. In the case of contract by partners, any change in the
constitution of the firm shall be forthwith notified by the Contractor to the Engineer. (Para-5
of SGCC-2022)
4. Occupation and Use of Land: No land belonging to or in the possession of the
Railway shall be occupied by the Contractor without the permission of the Railway. The
Contractor shall not use, or allow to be used the site for any purposes other than that of
executing the works. Whenever non-railway bodies/persons are permitted to use railway
premises with competent authority’s approval, conservancy charges as applicable from time
to time may be levied. (Para-6 of SGCC-2022)

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West Central Railway, Jabalpur.
29
5. Assignment or Subletting of Contract: The Contractor shall not assign or sublet the
contract or any part thereof or allow any person to become interested therein any manner
whatsoever without the special permission in writing of the Chief Engineer, save as provided
below. Any breach of this condition shall entitle the Railway to rescind the contract under
Clause 62 of Standard General Conditions of Contract and also render the Contractor liable
for payment to the Railway in respect of any loss or damage arising or ensuing from such
cancellation; provided always that execution of the details of the work by petty Contractor
under the direct and personal supervision of the Contractor or his agent shall not be deemed
to be sub-letting under this clause.
In case Contractor intends to subcontract part of work, he shall submit a proposal in
writing seeking permission of Chief Engineer for the same. While submitting the proposal to
railway, Contractor shall ensure the following:
(a) (i) Total value of work to be assigned to sub-contractor(s) shall not be more than 50% of
total contract value.
(ii) The subcontractor shall have successfully completed at least one work similar to work
proposed for subcontract in last 5 years, ending date of submission of proposal by Contractor
to Railway, costing not less than 35% value of work to be subletted, through a works contract.
For fulfilment of above, Work Experience Certificate issued by a Govt.
Department/Organisation shall be considered. Further, Work Experience Certificate issued
by a Public listed company shall be considered provided the company is having average
annual turnover of Rs 500 crore and above in last 3 financial years excluding the current
financial year, listed on National Stock Exchange or Bombay Stock Exchange, registered at
least 5 years back from the date of submission of proposal by Contractor to Railway and work
experience certificate issued by a person authorised by the Public Listed Company to issue
such certificates.
Note: for subletting of work costing up to Rs 50 lakh no previous work experience shall be
asked for by the Railway.
In case contractor submits subcontractor’s work experience certificate issued by public listed
company, the contractor shall also submit along with work experience certificate, the relevant
copy of work order, bill of quantities, bill wise details of payment received duly certified by
Chartered Accountant, TDS certificates for all payments received and copy of final/last bill
paid by company in support of above work experience certificate.
(iii) There is no banning with the sub-contractor in force over IR.
(b) The Contractor shall provide to the Engineer a copy of the agreement to be entered into
by Contractor with subcontractor. No subcontractor shall be permitted without a formal
agreement between Contractor and subcontractor. This agreement shall clearly define the
scope of work to be carried out by subcontractor and the terms of payment in clear &
unambiguous manner.
(c) On receipt of approval from Chief Engineer, Contractor shall enter into a formal
agreement legally enforceable in Court of Law with subcontractor and submit a copy of the
same to the Engineer.
(d) The Contractor shall intimate to the Engineer not less than 7 days in advance, the intended
date of commencement of subcontractor’s work.

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West Central Railway, Jabalpur.
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(e) Once having entered into above agreement, Contractor shall discontinue such
arrangement, if he intends to do so at his own or on the instruction of Railway, with prior
intimation to Chief Engineer.
(f) The Contractor shall indemnify railway against any claim of subcontractor.
(g) The Contractor shall release payment to the Sub-contractor(s) promptly and shall
endeavour to resolve all issues amicably and speedily with the Sub-contractor(s), so that the
execution of work is not affected in any manner whatsoever.
(h) In addition to issuance of work experience certificate to Contractor, the Engineer, when,
based on documents, is satisfied that subcontracted work has been carried out by
subcontractor, shall issue work experience certificate to the subcontractor also for the portion
of work subcontracted and successfully completed by the sub-contractor.
Note: Work Experience Certificate to the subcontractor shall be issued only when the
contractor’s work is complete and contractor is entitled for the issuance of Work Experience
Certificate. However, in the same contract, when the Chief Engineer, based on documents,
is satisfied that the subcontractor has successfully carried out subletted work, without
issuance of work experience certificate to subcontractor at this stage, the Chief Engineer
can, only once, consider the successfully completed subletted work for the fulfilment of
eligibility for further subletting of work to the subcontractor in the same contract. When the
contractor’s work is complete and contractor is entitled for the issuance of work experience
certificate, the subcontractor shall be issued one Work Experience Certificate for the total
scope of work executed by the subcontractor in the contract.
(i) The responsibility of successful completion of work by subcontractor shall lie with
Contractor. Subcontracting will in no way relieve the Contractor to execute the work as per
terms of the Contract.
(j) Further, in case Engineer is of the view that subcontractor’s performance is not
satisfactory, he may instruct the Contractor to remove the subcontractor from the work and
Contractor has to comply with the above instructions with due promptness. Contractor shall
intimate the actual date of discontinuation of subcontract to Engineer. No claim of Contractor
whatsoever on this account shall be entertained by the Railway and this shall be deemed as
‘excepted matter’ (matter not arbitrable).
(k) The permitted subcontracting of work by the Contractor shall not establish any contractual
relationship between the sub-contractor and the Railway and shall not relieve the Contractor
of any responsibility under the Contract. (Para-7 of SGCC-2022)
6. Assistance by Railway for the Stores to be obtained by the Contractor: Owing to
difficulty in obtaining certain materials (including Tools & Plant) in the market, the Railway
may have agreed without any liability therefore to endeavour to obtain or assist the Contractor
in obtaining the required quantities of such materials as may be specified in the Tender. In
the event of delay or failure in obtaining the required quantities of the aforesaid material, the
Contractor shall not be deemed absolved of his own responsibility and shall keep in touch
with the day to day position regarding their availability and accordingly adjust progress of
works including employment of labour and the Railway shall not in any way be liable for the
supply of materials or for the non-supply thereof for any reasons whatsoever nor for any loss
or damage arising in consequence of such delay or non-supply. (Para-8 of SGCC- 2022)
7. Railway Passes: No free railway passes shall be issued by the Railway to the Contractor
or any of his employee/worker. (Para-9 of SGCC-2022)
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West Central Railway, Jabalpur.
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8. Representation on Works: The Contractor shall, when he is not personally present on
the site of the works place, keep a responsible agent at the works during working hours who
shall on receiving reasonable notice, present himself to the Engineer and orders given by the
Engineer or the Engineer's representative to the agent shall be deemed to have the same force
as if they had been given to the Contractor. Before absenting himself, the Contractor shall
furnish the name and address of his agent for the purpose of this clause and failure on the
part of the Contractor to comply with this provision at any time will entitle the Railway to
rescind the contract under Clause 62 of these Conditions. (Para-12 of SGCC-2022)
9. Excavated Material: The Contractor shall not sell or otherwise dispose of or remove
except for the purpose of this contract, the sand, stone, clay ballast, earth, rock or other
substances or materials which may be obtained from any excavation made for the purpose of
the works or any building or produced upon the site at the time of delivery of the possession
thereof but all the substances, materials, buildings and produce shall be the property of the
Railway provided that the Contractor may, with the permission of the Engineer, use the same
for the purpose of the works either free of cost or pay the cost of the same at such rates as
may be determined by the Engineer. (Para-14 of SGCC-2022)
10. Indemnity by Contractors: The Contractor shall indemnify and save harmless the
Railway from and against all actions, suit, proceedings, losses, costs, damages, charges,
claims and demands of every nature and description brought or recovered against the
Railways by reason of any act or omission of the Contractor, his agents or employees, in the
execution of the works or in his guarding of the same. All sums payable by way of
compensation under any of these conditions shall be considered as reasonable compensation
to be applied to the actual loss or damage sustained, and whether or not any damage shall
have been sustained. (Para-15 of SGCC-2022)
11.(1) Security Deposit: The Security Deposit shall be 5% of the contract value. The Bid
Security submitted by the Contractor with his tender will be retained/encashed by the
Railways as part of security for the due and faithful fulfillment of the contract by the
Contractor. Provided further that, if Contractor submits the Cash or Term Deposit Receipt
issued from a Scheduled commercial bank of India or irrevocable Bank Guarantee Bond from
a Scheduled commercial bank of India, either towards the Full Security Depositor the Part
Security Deposit equal to or more than Bid Security, the Railway shall return the Bid
Security, to the Contractor.
Balance of Security Deposit may be deposited by the Contractor in cash or Term Deposit
Receipt issued from Scheduled commercial bank of India or irrevocable Bank Guarantee
bond issued from Scheduled commercial bank of India, or may be recovered at the rate of
6% of the bill amount till the full Security Deposit is recovered. Provided also that in case
of defaulting Contractor, the Railway may retain any amount due for payment to the
Contractor on the pending "on account bills" so that the amounts so retained (including
amount guaranteed through Performance Guarantee) may not exceed 10% of the total value
of the contract.
The Irrevocable Bank Guarantee submitted towards Security deposit shall be initially valid
up to the stipulated date of Maintenance period plus 60 days and shall be extended from time
to time, depending upon extension of contract granted in terms of Clause 17A and 17B of the
Standard General Conditions of Contract.

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West Central Railway, Jabalpur.
32
Note: Security Deposit deposited in cash by the Contractor or recovered from the running
bills of a Contractor or submitted by contractor as Term Deposit Receipt(s) can be
refunded/returned to the contractor, in lieu of irrevocable Bank Guarantee bond issued from
scheduled commercial bank of India, to be submitted by him, for an amount equal to or more
than the already available Security Deposit, provided however that, in a contract of value less
than Rs. 50 Crore, such refund/ return of the already available Security Deposit is permitted
up to two times and in a contract of value equal to or more than Rs. 50 Crore, such refund /
return of the already available Security Deposit is permitted up to three times. (Para-16(1) of
SGCC-2022)
11.(2)(i) Refund of Security Deposit: Security Deposit mentioned in sub clause (1) above
shall be returned to the Contractor after the following:
(a) Final Payment of the Contract as per clause 51.(1) of GCC and
(b) Execution of Final Supplementary Agreement or Certification by Engineer that Railway
has No Claim on Contractor and
(c) Maintenance Certificate issued, on expiry of the maintenance period as per clause 50.(1)
of GCC in case applicable. (Para-16.(2)(i) of SGCC-2022)
11.(2)(ii) Forfeiture of Security Deposit: Whenever the contract is rescinded as a whole under
clause 62 (1) of these conditions, the Security Deposit already with railways under the
contract shall be forfeited. However, in case the contract is rescinded in part or parts under
clause 62 (1) of these conditions, the Security Deposit shall not be forfeited. (Para-16.(2)(ii)
of SGCC-2022)
11.(3) No interest shall be payable upon the Bid Security and Security Deposit or amounts
payable to the Contractor under the Contract, but Government Securities deposited in terms
of Sub-Clause 11.(4)(b) of this clause will be payable with interest accrued thereon. (Para-
16.(3) of SGCC-2022)
11.(4) Performance Guarantee
The procedure for obtaining Performance Guarantee is outlined below:
(a) The successful bidder shall have to submit a Performance Guarantee (PG) within 21
(Twenty one) days from the date of issue of Letter of Acceptance (LOA). Extension of
time for submission of PG beyond 21 (Twenty one) days and upto 60 days from the
date of issue of LOA may be given by the Authority who is competent to sign the
contract agreement. However, a penal interest of 12% per annum shall be charged for
the delay beyond 21(Twenty one) days, i.e. from 22nd day after the date of issue of
LOA. Further, if the 60th day happens to be a declared holiday in the concerned office
of the Railway, submission of PG can be accepted on the next working day.
In all other cases, if the Contractor fails to submit the requisite PG even after 60
days from the date of issue of LOA, the contract is liable to be terminated. In case
contract is terminated railway shall be entitled to forfeit Bid Security and other dues
payable against that contract. In case a tenderer has not submitted Bid Security on the
strength of their registration as a Startup recognized by Department of Industrial Policy
and Promotion (DIPP) under Ministry of Commerce and Industry, DIPP shall be
informed to this effect.
The failed Contractor shall be debarred from participating in re-tender for that work.
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
33
(b) The successful bidder shall submit the Performance Guarantee (PG) in any of the
following forms, amounting to 5% of the original contract value:
(i) A deposit of Cash;
(ii) Irrevocable Bank Guarantee;
(iii) Government Securities including State Loan Bonds at 5% below the market
value;
(iv) Pay Orders and Demand Drafts tendered by any Scheduled Commercial Bank of
India;
(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 Defense Bonds and
(xi) Unit Trust Certificates at 5% below market value or at the face value whichever
is less. Also, FDR in favour of FA&CAO (free from any encumbrance) may be
accepted.

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter
of Acceptance (LOA) has been issued, but before signing of the contract agreement.
This P.G. shall be initially valid upto the stipulated date of completion plus 60 days
beyond that. In case, the time for completion of work gets extended, the Contractor
shall get the validity of P.G. extended to cover such extended time for completion of
work plus 60 days.
(d) The value of PG to be submitted by the Contractor is based on original contract value
and shall not change due to subsequent variation(s) in the original contract value.
(e) The Performance Guarantee (PG) shall be released after physical completion of the
work based on ‘Completion Certificate’ issued by the competent authority stating that
the Contractor has completed the work in all respects satisfactorily.
(f) Whenever the contract is rescinded, the Performance Guarantee already submitted for
the contract shall be encashed 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. (Para-
16.(4) of SGCC-2022)
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
34
 12. Force Majeure Clause: If at any time, during the continuance of this contract, the
performance in whole or in part by either party of any obligation under this contract shall
be prevented or delayed by reason of any war, hostility, acts of public enemy, civil
commotion, sabotage, serious loss or damage by fire, explosions, epidemics/pandemics,
strikes, lockouts or acts of God (hereinafter, referred to events) provided, notice of the
happening of any such event is given by either party to the other within 30 days from the
date of occurrence thereof, neither party shall by reason of such event, be entitled to
terminate this contract nor shall either party have any claim for damages against the other
in respect of such non-performance or delay in performance, and works under the contract
shall be resumed as soon as practicable after such event has come to an end or ceased to
exist, and the decision of the Engineer as to whether the works have been so resumed or not
shall be final and conclusive, PROVIDED FURTHER that if the performance in whole or
in part of any obligation under this contract is prevented or delayed by reason of any such
event for a period exceeding 120 days, either party may at its option terminate the contract
by giving notice to the other party. (Para-17 of SGCC-2022)
12–A Extension of Time in Contracts: Subject to any requirement in the contract as to
completion of any portion or portions of the works before completion of the whole, the
Contractor shall fully and finally complete the whole of the works comprised in the contract
(with such modifications as may be directed under conditions of this contract) by the date
entered in the contract or extended date in terms of the following clauses:

(i) Extension due to Modification: If any modifications have been ordered which in the
opinion of the Engineer have materially increased the magnitude of the work, then such
extension of the contracted date of completion may be granted as shall appear to the
Engineer to be reasonable in the circumstances, provided moreover that the Contractor shall
be responsible for requesting such extension of the date as may be considered necessary as
soon as the cause thereof shall arise and in any case not less than one month before the
expiry of the date fixed for completion of the works.
(ii) Extension for Delay not due to Railway or Contractor: If in the opinion of the Engineer,
the progress of work has any time been delayed by any act or neglect of Railway's
employees or by other Contractor employed by the Railway under Sub- Clause (4) of Clause
20 of Standard General Conditions of Contract or in executing the work not forming part of
the contract but on which Contractor's performance necessarily depends or by reason of
proceeding taken or threatened by or dispute with adjoining or to neighbouring owners or
public authority arising otherwise through the Contractor's own default etc. or by the delay
authorized by the Engineer pending arbitration or in consequences of the Contractor not
having received in due time necessary instructions from the Railway for which he shall have
specially applied in writing to the Engineer or his authorized representative then upon
happening of any such event causing delay, the Contractor shall immediately give notice
thereof in writing to the Engineer within 15 days of such happening, but shall nevertheless
make constantly his best endeavours to bring down or make good the delay and shall do all
that may be reasonably required of him to the satisfaction of the Engineer to proceed with
the works. The Contractor may also indicate the period for which the work is likely to be
delayed and shall be bound to ask for necessary extension of time. The Engineer on receipt
of such request from the Contractor shall consider the same and shall grant such extension
of time as in his opinion is reasonable having regard to the nature and period of delay and
the type and quantum of work affected thereby. No other compensation shall be payable for
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
35
 works so carried forward to the extended period of time; the same rates, terms and
conditions of contract being applicable as if such extended period of time was originally
provided in the original contract itself.
(iii) Extension for Delay due to Railways: In the event of any failure or delay by the Railway
to hand over the Contractor possession of the lands necessary for the execution of the works
or to give the necessary notice to commence the works or to provide the necessary drawings
or instructions or any other delay caused by the Railway due to any other cause whatsoever,
then such failure or delay shall in no way affect or vitiate the contract or alter the character
thereof or entitle the Contractor to damages or compensation therefor, but in any such case,
the Railway may grant such extension or extensions of the completion date as may be
considered reasonable.
The Contractor shall indicate the period for which the work is likely to be delayed and shall
seek extension of time as may be considered necessary under clause 12A(i) or/and 12A(ii)
or/ and 12A(iii) above, as soon as the cause thereof shall arise and, in any case, not less than
15 days before the expiry of the date fixed for completion of the works. The Engineer shall
consider the same and shall grant and communicate such extension of time as in his opinion
is reasonable having regard to the nature and period of delay and the type and quantum of
work affected thereby. No other compensation shall be payable for works so carried forward
to the extended period of time; the same rates, terms and conditions of contract being
applicable, as if such extended period of time was originally provided in the original contract
itself.
The non-submission of request for extension or submission of request within less than 15
days before the expiry of the date fixed for completion of the works, shall make him
ineligible for extension under these sub clauses, subject to final decision of Engineer. (Para-
17A of SGCC-2022)
12-B Extension of Time with Liquidated Damages (LD) for delay due to Contractor:
The time for the execution of the work or part of the works specified in the contract
documents shall be deemed to be the essence of the contract and the works must be
completed not later than the date(s) as specified in the contract. If the Contractor fails to
complete the works within the time as specified in the contract for the reasons other than the
reasons specified in Clause 12 and 12-A, the Railway may, if satisfied that the works can be
completed by the Contractor within reasonable short time thereafter, allow the Contractor
for further extension of time (Proforma at Annexure-VII of Standard General Condition of
Contract) as the Engineer may decide. On such extension the Railway will be entitled
without prejudice to any other right and remedy available on that behalf, to recover from the
Contractor as agreed damages and not by way of penalty for each week or part of the week,
a sum calculated at the rate of Liquidated Damages as decided by Engineer, between 0.05%
to 0.30% of contract value of the works for each week or part of the work.

For the purpose of this Clause, the contract value of the works shall be taken as value of work
as per contract agreement including any supplementary work order/contract agreement
issued. Provided also, that the total amount of liquidated damages under this condition
shall not exceed 5% of the contract value or of the total value of the item or groups of items
of work for which a separate distinct completion period is specified in the contract.

Provided further, that if the Railway is not satisfied that the works can be completed by the
Contractor and in the event of failure on the part of the contractor to complete the work
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
36
within further extension of time allowed as aforesaid, the Railway shall be entitled without
prejudice to any other right or remedy available in that behalf, to appropriate the contractor’s
Security Deposit and rescind the contract under Clause 62 of GCC, whether or not actual
damage is caused by such default.
NOTE:
In a contract, where extension(s) of time have been allowed once under clause 12B, further
request(s) for extension of time under clause 12A can also be considered under exceptional
circumstances. Such extension(s) of time under clause 12A shall be without any Liquidated
damages, but the Liquidated damages already recovered during extension(s) of time granted
previously under clause 12B shall not be waived. However, Price variation during such
extension(s) shall be dealt as applicable for extension(s) of time under clause 12B.
(Para-17B of SGCC-2022)
12-C Bonus for Early Completion of Work: In case of open tenders having value more
than Rs. 20 crore and original period of completion 12 months or more, when there is no
reduction in original scope of work by more than 10%, and no extension granted on either
railway or Contractor’s account, Contractor shall be entitled for a bonus of 1% for each 30
days early completion of work. The period of less than 30 days shall be ignored while
working out bonus. The maximum bonus shall be limited to 5% of original contract value.
The completion date shall be reckoned as the date of issuance of completion certificate by
Engineer. (Para-17C of SGCC-2022)
EXECUTION OF WORKS
13.(1) Contractor's understanding: It is understood and agreed that the Contractor has, by
careful examination, satisfied himself as to the nature and location of the work, the
conformation of the ground, the character, quality and quantity of the materials to be
encountered, the character of equipment and facilities needed preliminary to and during the
progress of the works, the general and local conditions, the labour conditions prevailing
therein and all other matters which can in any way affect the works under the contract. (Para-
19.(1) of SGCC-2022)
13.(2) Commencement of Works: The Contractor shall commence the works within 15 days
after the receipt by him of an order in writing to this effect from the Engineer and shall
proceed with the same with due expedition and without delay. (Para-19.(2) of SGCC-2022)
13.(3) Accepted Programme of Work: The Contractor who has been awarded the work
shall as soon as possible but not later than 30 days after the date of receipt of the acceptance
letter in respect of contracts with initial completion period of two years or less or not later
than 90 days for other contracts have to submit the detailed programme of work indicating
the time schedule of various items of works in the form of Bar Chart/PERT/CPM. He shall
also submit the details of organisation (in terms of labour and supervisors), plant and
machinery that he intends to utilize (from time to time) for execution of the work within
stipulated date of completion. The programme of work amended as necessary by discussions
with the Engineer, shall be treated as the agreed programme of the work for the purpose of
this contract and the Contractor shall endeavor to fulfill this programme of work. The
progress of work will be watched accordingly and the liquidated damages will be with
reference to the overall completion date. Nothing stated herein shall preclude the Contractor
in achieving earlier completion of item or whole of the works than indicated in the
programme.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
37
 In Contracts for works of New Line/Gauge Conversion/Doubling/Railway
Electrification, finalized through Tenders having advertised value more than Rs.100
crores, the Contractor shall submit a detailed time programme to the Engineer within 30
days after issue of LOA. The program shall include the physical and Financial Progress vis-
à-vis program and forecast cash flow adopting Project Management Software such as
Primavera/Sure Track/MS Project etc. The program must identify the milestones, interface
requirements and program reporting elements. The Contractor shall supply, free of cost one
set of authorized software to the Engineer and the soft copy of structured program for the
project. This shall be updated every month. The Contractor shall also submit a revised
programme whenever the previous programme is inconsistent with actual progress. Each
programme shall include:

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

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

Unless the Engineer, within 21 days after receiving a programme, gives notice to the
Contractor stating the extent to which it does not comply with the Contract, the Contractor
shall proceed in accordance with the programme, subject to his other obligations under the
Contract. The Engineer shall be entitled to rely upon the programme when planning their
activities.

If, at any time, the Engineer gives notice to the Contractor that a programme fails (to the
extent stated) to comply with the Contract or to be consistent with actual progress and the
Contractor’s stated intentions, the Contractor shall submit a revised programme to the
Engineer within 15 days in accordance with this Sub-Clause. (Para-19.(3) of SGCC-2022)

13.(4) Setting out of Works: The Contractor shall be responsible for the correct setting out
of all works in relation to original points, lines and levels of reference at his cost. The
Contractor shall execute the work true to alignment, grade, levels and dimensions as shown
in the drawing and as directed by the Engineer's representative and check these at frequent
intervals. The Contractor shall provide all facilities like labour and instruments and shall co-
operate with the Engineer's representative for checking of all alignment, grades, levels and
dimensions. If, at any time, during the progress of the works any error appear or arise in any
part of the work, the Contractor, on being required so to do by the Engineer's representative
shall, at his own cost rectify such errors, to the satisfaction of the Engineer's representative.

Such checking shall not absolve the Contractor of his own responsibility of maintaining
accuracy in the work. The Contractor shall carefully protect and preserve all bench marks,
sight rails, pegs and other things used in setting out the work. (Para-19.(4) of SGCC-2022)

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
38
14.(1) Compliance to Engineer’s Instructions: The Engineer shall direct the order in which
the several parts of the works shall be executed and the Contractor shall execute without
delay all orders given by the Engineer from time to time; but the Contractor shall not be
relieved thereby from responsibility for the due performance of the works in all respects.
(Para-20.(1) of SGCC-2022)

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

abandonment of any part of the works shall be deemed authorised, except under instructions
from the Engineer. The Contractor shall be responsible to obtain such instructions in each
and every case in writing from the Engineer. (Para-20.(2) of SGCC-2022)

14.(3) Extra Works: Should works over and above those included in the contract require to
be executed at the site, the Contractor shall have no right to be entrusted with the execution
of such works which may be carried out by another Contractor or Contractors or by other
means at the option of the Railway. (Para-20.(3) of SGCC-2022)

14.(4) Separate Contracts in Connection with Works: The Railway shall have the right to
let other contracts in connection with the works. The Contractor shall afford other
Contractors reasonable opportunity for the storage of their materials and the execution of
their works and shall properly connect and coordinate his work with theirs. If any part of the
Contractor’s work depends upon proper execution or result upon the work of another
Contractor(s), the Contractor shall inspect and promptly report to the Engineer any defects
in such works that render it unsuitable for such proper execution and results. The Contractor's
failure so-to inspect and report shall constitute an acceptance of the other Contractor's work
as fit and proper for the reception of his work, except as to defects which may develop in the
other Contractor's work after the execution of his work. (Para-20.(4) of SGCC-2022)

15. Instruction of Engineer's Representative: Any instructions or approval given by the

Engineer's representative to Contractor in connection with the works shall bind the
Contractor as though it had been given by the Engineer provided always as follows:

(a) Failure of the Engineer's representative to disapprove any work or materials shall not
prejudice the power of the Engineer thereafter to disapprove such work or material and
to order the removal or breaking up thereof.

(b) If the Contractor shall be dissatisfied by reason of any decision of the Engineer's
representative, he shall be entitled to refer the matter to the Engineer who shall there
upon confirm or vary such decision. (Para-21 of SGCC-2022)

16.(1) Adherence to Specifications and Drawings: The site and the detailed drawings shall
be made available to the contractor commensurate with the accepted programme of work
submitted under clause 13(3).The whole of the works shall be executed in perfect conformity
with the specifications and drawings of the contract. If Contractor performs any works in a
manner contrary to the specifications or drawings or any of them and without such reference
to the Engineer, he shall bear all the costs arising or ensuing therefrom and shall be
responsible for all loss to the Railway. (Para-22.(1) of SGCC-2022)

16.(2) Drawings and Specifications of the Works: The Contractor shall keep one copy of
Drawings and Specifications at the site, in good order, and such contract documents as may
be necessary, available to the Engineer or the Engineer's Representative. (Para-22.(2) of
SGCC-2022)
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
39
16.(3) Ownership of Drawings and Specifications: All Drawings and Specifications and
copies thereof furnished by the Railway to the Contractor are deemed to be the property of
the Railway. They shall not be used on other works and with the exception of the signed
contract set, shall be returned by the Contractor to the Railway on completion of the work or
termination of the Contract. (Para-22.(3) of SGCC-2022)

16.(4) Compliance with Contractor's Request for Details: The Engineer shall furnish with
reasonable promptness, after receipt by him of the Contractor's request, additional
instructions by means of drawings or otherwise, necessary for the proper execution of the
works or any part thereof. All such drawings and instructions shall be consistent with the
Contract Documents and reasonably inferable therefrom. (Para-22.(4) of SGCC-2022)
16.(5) Meaning and Intent of Specification and Drawings: If any ambiguity arises as to
the meaning and intent of any portion of the Specifications and Drawings or as to execution
or quality of any work or material, or as to the measurements of the works the decision of
the Engineer thereon shall be final subject to the appeal (within 7 days of such decision being
intimated to the Contractor) to the Chief Engineer who shall have the power to correct any
errors, omissions, or discrepancies in aforementioned items and whose decision in the matter
in dispute or doubt shall be final and conclusive. (Para-22.(5) of SGCC-2022)
17. Working during Night: The Contractor shall not carry out any work between sun-set
and sun-rise without the previous permission of the Engineer. However, if the Engineer is
satisfied that the work is not likely to be completed in time except by resorting to night work,
he may order the same without confirming any right on the Contractor for claiming any extra
payment for the same. (Para-23 of SGCC-2022)

18. Damage to Railway Property or Private Life and Property: The Contractor shall be
responsible for all risk to the work and for trespass and shall make good at his own expense
all loss or damage whether to the works themselves or to any other property of the Railway
or the lives, persons or property of others from whatsoever cause in connection with the
works until they are taken over by the Railway, although all reasonable and proper
precautions may have been taken by the Contractor. In case the Railway shall be called upon
to make good any costs, loss or damages, or to pay any compensation, including that payable
under the provisions of the Workmen's Compensation Act or any statutory amendments
thereof to any person or persons sustaining damages as aforesaid by reason of any act, or any
negligence or omissions on the part of the Contractor; the amount of any costs or charges
including costs and charges in connection with legal proceedings, which the Railway may
incur in reference thereto, shall be charged to the Contractor.

The Railway shall have the power and right to pay or to defend or compromise any claim of
threatened legal proceedings or in anticipation of legal proceedings being instituted
consequent on the action or default of the Contractor, to take such steps as may be considered
necessary or desirable to ward off or mitigate the effect of such proceedings, charging to
Contractor, as aforesaid; any sum or sums of money which may be paid and any expenses
whether for reinstatement or otherwise which may be incurred and the propriety of any such
payment, defence or compromise, and the incurring of any such expenses shall not be called
in question by the Contractor. (Para-24 of SGCC-2022)

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
40
19. Sheds, Storehouses and Yards: The Contractor shall at his own expense provide
himself with sheds, storehouses and yards in such situations and in such numbers as in the
opinion of the Engineer is requisite for carrying on the works and the Contractor shall keep
at each such sheds, storehouses and yards a sufficient quantity of materials and plant in stock
as not to delay the carrying out of the works with due expedition and the Engineer and the
Engineer's representative shall have free access to the said sheds, store houses and yards at
any time for the purpose of inspecting the stock of materials or plant so kept in hand, and
any materials or plant which the Engineer may object to shall not be brought upon or used in
the works, but shall be forthwith removed from the sheds, storehouses or yards by the
Contractor. The Contractor shall at his own expenses provide and maintain suitable mortar
mills, soaking vats or any other equipments necessary for the execution of the works. (Para-
25 of SGCC-2022)
20. Provision of Efficient and Competent Staff at Work Sites by the Contractor:
20.1 The Contractor shall place and keep on the works at all times efficient and competent
staff to give the necessary directions to his workmen and to see that they execute their work
in sound & proper manner and shall employ only such supervisors, workmen & labourers in
or about the execution of any of these works as are careful and skilled in the various trades.
20.2 The Contractor shall at once remove from the works any agents, permitted sub-
contractor, supervisor, workman or labourer who shall be objected to by the Engineer and if
and whenever required by the Engineer, he shall submit a correct return showing the names
of all staff and workmen employed by him.
20.3 In the event of the Engineer being of the opinion that the Contractor is not employing
on the works a sufficient number of staff and workmen as is necessary for proper completion
of the works within the time prescribed, the Contractor shall forthwith on receiving
intimation to this effect deploy the additional number of staff and labour as specified by the
Engineer within seven days of being so required and failure on the part of the Contractor to
comply with such instructions will entitle the Railway to rescind the contract under Clause
62 of Standard General Conditions of Contract. (Para-26 of SGCC-2022)
21A. Deployment of Qualified Engineers at Work Sites by the Contractor:
21A.1 The Contractor shall also employ qualified Graduate Engineer(s) or equivalent or
qualified Diploma Engineer(s), as prescribed in the tender document.

21A.2 In case the Contractor fails to employ the Engineer, as aforesaid in Para 21A.1, he
shall be liable to pay liquidated damages at the rates, as prescribed in the tender document.

21A.3 No. of qualified Engineers required to be deployed by the Contractor for various
activities contained in the works contract shall be specified in the tender documents as
‘Special Condition of Contract.’ (Para-26A of SGCC-2022)

21B. Engagement of Minimum Technical Personnel: The contractor shall deploy following
Minimum Numbers of Qualified Graduate Engineers and qualified Diploma Holder
Engineer at site for Execution of Work:

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
41
 Contract Deployment of Graduate Deployment of Diploma Remarks
Value Engineer at site HolderEngineer at site
(in crore of MinimumNo. Minimum Minimum Minimum
Rs.) to be Experience in [Link] be Experience in
Deployed No. of years Deployed No. of years
Upto 2 - - 1 3 These are bare
minimum
>2 - 5 1 3 1 3
numbers to be
>5 -10 1 3 2 3 deployed at site
failing which
>10 - 25 2 3 3 3 recovery shall be
made as indicated
>25 - 50 2 3 4 3
under para-iii
>50 - 100 4 3 6 3 below.
More than 4 3 6 3
100
(i) Deployment of Qualified Engineers at Work Sites by the Contractor:

(a) The Contractor shall employ qualified Graduate Engineer(s) or equivalent, or

qualified Diploma Engineer(s), as prescribed above. The contractor shall also employ
independent technically qualified person(s) (Minimum Diploma holder) to manage
the Material Testing Laboratory (ies) set up at different work sites. Proper record for
availability of qualified engineers shall be maintained.
(b) In case the Contractor fails to employ the Engineer, as aforesaid, he shall be liable to
pay liquidated damages at the rates, as prescribed in Para (iii) below. However, in case,
the work at site/sites is/are stopped/restricted either as per the written directions of
Engineer-in-charge due to in-sufficient fund with Railways or due to any natural
calamity like COVID-19 or lockdown imposed by local authorities, the contractor may
be exempted from deployment of so many no. of engineers during such period as
decided by the Engineer-in-charge after submission of written request by the
contractor.
(c) No. of qualified Engineers required to be deployed by the Contractor (over and above
as aforesaid) for various activities contained in the works contract shall be specified
in the tender documents as ‘Special Condition of Contract’ by the tender inviting
authority.

(ii) Contractor shall submit qualification certificate and experience certificate in relevant field
of construction work for Graduate Engineer / Diploma Holder Engineer to be deployed at
site, for approval of Engineer-in-charge.
(iii) In case the Contractor fails to employ as aforesaid provision, he shall be liable to pay an
amount of Rs.40,000/- and Rs.25,000/- per month or part thereof respectively for each
Graduate Engineer and each Diploma Holder Engineer respectively for the default period
and numbers.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
42
(iv) Engagement of Minimum other Technical Staff (with adequate Experience): In addition
to deployment of above technical Engineers at site, the contractor shall deploy for the
contract exclusively at least one Architect (for contracts of building construction works
only), at least one Draftsman who is skilled in Auto-CAD, one Surveyor and at least
one Computer operator for the contract value more than Rs.20 (twenty) crore, failing
which recovery of Rs.20,000/- per month or part thereof shall be effected for each technical
staff for the default period and numbers.
However, in case, the work at site/sites is/are stopped/restricted either as per the written
directions of Engineer-in-charge due to in-sufficient fund with Railways or due to any
natural calamity like COVID-19 or lockdown imposed by local authorities, the contractor
may be exempted from deployment of these technical staff during such period as decided
by the Engineer-in-charge after submission of written request by the contractor.
(v) The provisions under as above should not dilute the obligations of contractor to provide
sufficient number of qualified technical and other staff to comply with the approved
“Method Statement” and “Quality Assurance Plan”.
22.(1) Workmanship and Testing: The whole of the works and/or supply of materials
specified and provided in the contract or that may be necessary to be done in order to form and
complete any part thereof shall be executed in the best and most substantial workman like manner
with materials of the best and most approved quality of their respective kinds, agreeable to the
particulars contained in or implied by the specifications and as referred to in and represented by
the drawings or in such other additional particulars, instructions and drawings given during the
carrying on of the works and to the entire satisfaction of the Engineer according to the instructions
and directions which the Contractors may from time to time receive from the Engineer. The
materials may be subjected to tests by means of such machines, instruments and appliances as the
Engineer may direct and wholly at the expense of the Contractor. (Para-27.(1) of SGCC-2022)
22.(2) Removal of Improper Work and Materials: The Engineer or the Engineer's
Representative shall be entitled to order from time to time:
(a) The removal from the site, within the time specified in the order, of any materials which in his
opinion are not in accordance with the specifications or drawings.
(b) The substitution of proper and suitable materials, and
(c) the removal and proper re-execution, notwithstanding any previous tests thereof or on account
payments therefor, of any work which in respect of materials or workmanship is not in his opinion
in accordance with the specifications and in case of default on the part of the Contractor in
carrying out such order, the Railway shall be entitled to rescind the contract under Clause 62 of
GCC.
(d) The provision of Construction and Demolition Waste Management Rule 2016 issued by
Ministry of Environment Forest and Climate Change dated 29.03.2016 and published in the
Gazette of India, Part – II, Section -3, Sub-section (ii) are binding upon the Contractor. Contractor
shall implement these provisions at worksites, for which no extra payment will be payable. (Para-
27. (2) of SGCC-2022)
23.(1) Contractor to Supply Water for Works: Unless otherwise provided in the Contract,
the Contractor shall be responsible for the arrangements to obtain supply of water necessary for
the works. (Para-31.(1) of SGCC-2022)
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
43
23.(2) Water Supply from Railway System: The Railway may supply to the Contractor part
or whole of the quantity of the water required for the execution of works from the Railway's
existing water supply system at or near the site of works on specified terms and conditions and at
such charges as shall be determined by the Railway and payable by the Contractor, provided that
the Contractor shall arrange, at his own expense, to effect the connections and lay additional
pipelines and accessories on the site and that the Contractor shall not be entitled to any
compensation for interruption of failure of the water supply. (Para- 31.(2) of SGCC-2022).
23.(3) Water Supply by Railway Transport: In the event of the Railway arranging supply of
water to the Contractor at or near the site of works by travelling water tanks or other means, the
freight and other charges incurred thereby, including demurrage charges that may be levied, shall
be paid by the Contractor in addition to the charges referred to in Sub-Clause
(3) of the Clause provided that the Contractor shall not be entitled to any compensation for
interruption or failure of the water supply. (Para-31.(3) of SGCC-2022)
23.(4)(a) Contractor to Arrange Supply of Electric Power for Works: Unless otherwise
provided in the contract, the Contractor shall be responsible for arrangements to obtain supply of
Electric Power for the works. (Para-31.(4) (a) of SGCC-2022)
(b) Electric Supply from the Railway System: The Railway may supply to the Contractor
part or whole of the electric power wherever available and possible, required for execution of
works from the Railway's existing electric supply systems at or near the site of works on specified
terms and conditions and such charges as shall be determined by the Railway and payable by the
Contractor provided the cost of arranging necessary connections to the Railway's Electric Supply
systems and laying of underground/overhead conductor, circuit protection, electric power meters,
transmission structure, shall be borne by the Contractor and that the Contractor shall not be
entitled to any compensation for interruption or failure of the Electric supply system. (Para-31.(4)
(b) of SGCC-2022)
24.(1) Tools, Plant and Materials Supplied by Railway: The Contractor shall take all
reasonable care of all tools, plant and materials or other property whether of a like description
or not belonging to the Railway and committed to his charge for the purpose of the works and
shall be responsible for all damage or loss caused by him, his agents, permitted sub-
contractor, or his workmen or others while they are in his charge. The Contractors shall sign
accountable receipts for tools, plants and materials made over to him by the Engineer and on
completion of the works shall hand over the unused balance of the same to the Engineer in
good order and repair, fair wear and tear excepted, and shall be responsible for any failure to
account for the same or any damage done thereto. (Para-33.(1) of SGCC-2022)
24.(2) Hire of Railway's Plant: The Railway may hire to the Contractor such plant as
concrete mixers, compressors and portable engines for use during execution of the works on
such terms as may be specified in the special conditions or in a separate agreement for Hire
of Plant. (Para-33.(2) of SGCC-2022)
25.(1) Precaution During Progress of Works: During the execution of works, unless
otherwise specified, the Contractor shall at his own cost provide the materials for and execute
all shoring, timbering and strutting works as is necessary for the stability and safety of all
structures, excavations and works and shall ensure that no damage, injury or loss is caused
or likely to be caused to any person or property. (Para-34.(1) of SGCC-2022)

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
44
25.(2) Roads and Water Courses: Existing roads or water courses shall not be blocked cut
through, altered, diverted or obstructed in any way by the Contractor, except with the
permission of the Engineer. All compensations claimed for any unauthorized closure, cutting
through, alteration, diversion or obstruction to such roads or water courses by the Contractor
or his agent or his staff shall be recoverable from the Contractor’s bills/Security Deposit or
any other dues of Contractor with the Government of India. (Para-34.(2) of SGCC-2022)
25.(3) Provision of Access to Premises: During progress of work in any street or
thoroughfare, the Contractor shall make adequate provision for the passage of traffic, for
securing safe access to all premises approached from such street or thoroughfare and for any
drainage, water supply or means of lighting which may be interrupted by reasons of the
execution of the works and shall react and maintain at his own cost barriers, lights and other
safeguards as prescribed by the Engineer, for the regulation of the traffic, and provide
watchmen necessary to prevent accidents. The works shall in such cases be executed night
and day, if so ordered by the Engineer and with such vigour so that the traffic way be impeded
for as short a time as possible. (Para-34.(3) of SGCC-2022)
25.(4) Safety of Public: The Contractor shall be responsible to take all precautions to ensure
the safety of the public whether on public or railway property and shall post such look out
men as may, in the opinion of the Engineer, be required to comply with regulations
appertaining to the work. Contractor shall ensure placement of barricading / partitions at the
place of work to ensure safety of habitants of adjacent area, failing which Engineer may
advise stoppage of work as per his discretion. (Para-34.(4) of SGCC-2022)
25.(5) Display Board: The Contractor shall be responsible for displaying the details of works
i.e. name of work, approximate cost, expected date of completion, name and address of the
Contractor and address of Engineer on a proper steel Board of size not less than 1m x 1m.
(Para-34.(5) of SGCC-2022)
26. Use of Explosives: Explosives shall not be used on the works or on the site by the
Contractor without the permission of the Engineer and then also only in the manner and to
the extent to which such permission is given. Where explosives are required for the works,
they shall be stored in a special magazine to be provided by and at the cost of the Contractor
in accordance with the Explosive Rules. The Contractor shall obtain the necessary license for
the storage and the use of explosives. All operations in which or for which explosives are
employed shall be at the sole risk and responsibility of the Contractor and the Contractor
shall indemnify the Railway in respect thereof. (Para-35 of SGCC-2022)
27. Rates for Items of Works:
(i) The rates, entered in the accepted Schedule of Rates of the Contract are intended to provide
for works duly and properly completed in accordance with the General and Special (if any)
Conditions of the Contract and the Specifications and drawings together with such
enlargements, extensions, diminutions, reductions, alterations or additions as may be ordered
in terms of Clause 42 of Standard General Condition of Contract and without prejudice to the
generality thereof and shall be deemed to include and cover superintendence and labour,
supply, including full freight of materials, stores, patterns, profiles, moulds, fittings,
centerings, scaffolding, shoring props, timber, machinery, barracks, tackle, roads, pegs,
posts, tools and all apparatus and plant required on the works, except such tools, plant or
materials as may be specified in the contract to be supplied to the Contractor by the Railway,
the erection, maintenance and removal of all temporary works and buildings, all watching,
lighting, bailing, pumping and draining, all prevention of or compensation for trespass, all
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
45
barriers and arrangements for the safety of the public or of employees during the execution
of works, all sanitary and medical arrangements for labour camps as may be prescribed by
the Railway, the setting of all work and of the construction, repair and upkeep of all centre
lines, bench marks and level pegs thereon, site clearance, all fees, duties, royalties, rent and
compensation to owners for surface damage or taxes and impositions payable to local
authorities in respect of land, structures and all material supplied for the work or other duties
or expenses for which the Contractor may become liable or may be put to under any provision
of law for the purpose of or in connection with the execution of the contract and all such other
incidental charges or contingencies as may have been specially provided for in the
Specifications.
However, if rates of existing GST or cess on GST for Works Contract is increased or
any new tax /cess on Works Contract is imposed by Statute after the date of opening of tender
but within the original date of completion/date of completion extended under clause 17 &
17A of Standard General Conditions of Contract and the Contractor there upon properly pays
such taxes/cess, the Contractor shall be reimbursed the amount so paid.
Further, if rates of existing GST or cess on GST for Works Contract is decreased or
any tax/cess on Works Contract is decreased / removed by Statute after the date of opening
of tender, the reduction in tax amount shall be recovered from Contractor’s bills/Security
Deposit or any other dues of Contractor with the Government of India. (Para-37 of SGCC-
2022)
28.(1) Rates for Extra Items of Works: Standard Schedule of Rates (SSOR) Items: Any
item of work carried out by the Contractor on the instructions of the Engineer which is not
included in the accepted Bill(s) of Quantities but figures in the Standard Schedule of Rates
(SSOR), shall be executed at the rates set forth in the "Standard Schedule of Rates (SSOR)"
modified by the tender percentage as accepted in the contract for that chapter of Standard
Schedule of Rates (SSOR).
For item(s) not covered in this sub clause, the rate shall be decided as agreed upon between
the Engineer and the Contractor before the execution of such items of work as per sub clause
(b).
(b) Other Items: For any item of work to be carried out by the Contractor but not included in
the accepted Bill(s) of Quantities and also not covered under sub clause (a) above, the
Contractor shall be bound to notify the Engineer at least seven days before the necessity arises
for the execution of such items of works that the accepted Bill(s) of Quantities does not
include rate or rates for such extra work involved. The rates payable for such items shall be
decided at the meeting to be held between the Engineer and Contractor, in as short a period
as possible after the need for the special item has come to the notice. In case the Contractor
fails to attend the meeting after being notified to do so or in the event of no settlement being
arrived at, the Railway shall be entitled to execute the extra works by other means and the
Contractor shall have no claim for loss or damage that may result from such procedure.

The assessment of rates for extra items shall be arrived at based on the prevailing rates and
by taking guidance from the following documents in order of priority.
(i) Analysis of Rates for “Unified Schedule of Rates of Indian Railways (USSOR)”
(ii) Analysis of Rates for “Delhi Schedule of Rates issued by CPWD (DSR)”
(iii) Market Analysis (Para-39 .(1) of SGCC-2022)
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
46
28.(2) Provided that if the Contractor commences work or incurs any expenditure in regard
thereto before the rates as determined and agreed upon as lastly here untofore-mentioned,
then and in such a case the Contractor shall only be entitled to be paid in respect of the work
carried out or expenditure incurred by him prior to the date of determination of the rates as
aforesaid according to the rates as shall be fixed by the Engineer. However, if the Contractor
is not satisfied with the decision of the Engineer in this respect, he may appeal to the Chief
Engineer within 30 days of getting the decision of the Engineer, supported by analysis of the
rates claimed. The Chief Engineer's decision after hearing both the parties in the matter would
be final and binding on the Contractor and the Railway. (Para-39.(2) of SGCC-2022)
29. Offloading of Part(s) of Work: At the final stage of completion/ commissioning of
work, in case the contractor fails to complete the final part(s) of the work and the value of
such part(s) of the work is limited to 5% of the original contract value, the Engineer may
allow/decide for offloading of such part(s) of works, either after the Contractor’s request in
writing to do so or after serving a 14 (Fourteen) days suo-moto notice (as per annexure- VIIA
of GCC-2022), if the Engineer is of the opinion that :-
(i) Such Offloading of works (up to 5% of original contract value) would enable successful
completion of contract/work,
(ii) Termination/ Part termination of the contract at this stage is not be in the interest of the
Railway/work; and
(iii) The anticipated additional cost for execution of such works through other mode would
not be substantial and can be recovered from the pending dues of the contractor;
The Contractor shall be informed, in due course, by the Engineer of the mode and cost of
execution of such offloaded work through other agency(ies) (as per annexure- VIIB). The
extra expenditure so incurred in execution of the offloaded work, shall be recovered from
subsequent Bill(s) or any other dues of the Contractor, but not exceeding the value of
Performance Guarantee available in the contract. There shall be no other repercussion of such
offloading on execution of the balance contract. The Contractor shall have no claim on
account of above mentioned offloading of works. (Para-40A of SGCC-2022).
Such offloading of works (up to 5% of original contract value) would be done after
taking the prior approval of PHOD (Ref. RB letter No. 2022/CE-I/CT/GCC-
2022/POLICY dated 27.04.2022).
VARIATIONS IN EXTENT OF CONTRACT
30. Modification to Contract to be in Writing: In the event of any of the provisions of the
contract required to be modified after the contract documents have been signed, the
modifications shall be made in writing and signed by the Railway and the Contractor and no
work shall proceed under such modifications until this has been done. Any verbal or written
arrangement abandoning, modifying, extending, reducing or supplementing the contract or
any of the terms thereof shall be deemed conditional and shall not be binding on the Railway
unless and until the same is incorporated in a formal instrument and signed by the Railway
and the Contractor, and till then the Railway shall have the right to repudiate such
arrangements. (Para-41 of SGCC-2022)
30.(1) Powers of Modification to Contract: The Engineer on behalf of the Railway shall be
entitled by order in writing to enlarge or extend, diminish or reduce the works or make any
alterations in their design, character position, site, quantities, dimensions or in the method of
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
47
their execution or in the combination and use of materials for the execution thereof or to order
any additional work to be done or any works not to be done and the Contractor will not be
entitled, to any compensation for any increase/reduction in the quantities of work but will be
paid only for the actual amount of work done and for approved materials supplied against a
specific order. (Para-42(1) of SGCC-2022)
30.(2)(i) Unless otherwise specified in the special conditions of the contract, the accepted
variation in quantity of each individual item of the contract would be upto 25% of the quantity
originally contracted, except in case of foundation work (in which no variation limit shall
apply). However, the rates for the increased quantities shall be as per sub- para (iii) below.
(ii) The Contractor shall be bound to carry out the work at the agreed rates and shall not be
entitled to any claim or any compensation whatsoever upto the limit of 25% variation in
quantity of individual item of works.
(iii) In case an increase in quantity of an individual item by more than 25% of the agreement
quantity is considered unavoidable, then same shall be executed at following rates
(a) Quantities operated in excess of 125% but upto 140% of the agreement quantity of the
concerned item, shall be paid at 98% of the rate awarded for that item in that particular
tender;
(b) Quantities operated in excess of 140% but upto 150% of the agreement quantity of the
concerned item shall be paid at 96% of the rate awarded for that item in that particular
tender;
(c) Variation in quantities of individual items beyond 150% will be avoided and would be
permitted only in exceptional unavoidable circumstances and shall be paid at 96% of
the rate awarded for that item in that particular tender.
(d) Variation to quantities of Minor Value Item:
The limit for varying quantities for minor value items shall be 100% (as against 25%
prescribed for other items). A minor value item for this purpose is defined as an item
whose original agreement value is less than 1 % of the total original agreement value.
d.(i) Quantities operated upto and including 100% of the agreement quantity of the
concerned minor value item, shall be paid at the rate awarded for that item in that
particular tender;
d.(ii) Quantities operated in excess of 100% but upto 200% of the agreement quantity
of the concerned minor value item, shall be paid at 98% of the rate awarded for that
item in that particular tender;
d.(iii) Variation in quantities of individual minor value item beyond 200% will be
avoided and would be permitted only in exceptional unavoidable circumstances and
shall be paid at 96% of the rate awarded for that item in that particular tender.
(iv) In case of earthwork, the variation limit of 25% shall apply to the gross quantity of
earthwork items and variation in the quantities of individual classifications of soil shall not
be subject to this limit.
(v) As far as Standard Schedule of Rates (SSOR) items are concerned, the variation limit of
25% would apply to the value of SOR schedule as a whole and not on individual SSOR items.
However, in case of Non Standard Schedule of Rates (Non-SSOR) items, the limit of 25%
would apply on the individual items irrespective of the manner of quoting the rate (single
percentage rate or individual item rate). (Para-42(2) of SGCC-2022)
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
48
30.(3) Valuation of Variations: The enlargements, extensions, diminution, reduction,
alterations or additions referred to in Sub-Clause (2) of this Clause shall in no degree affect
the validity of the contract; but shall be performed by the Contractor as provided therein and
be subject to the same conditions, stipulations and obligations as if they had been originally
and expressively included and provided for in the Specifications and Drawings and the
amounts to be paid therefor shall be calculated in accordance with the accepted Bills of
Quantities. Any extra items/quantities of work falling outside the purview of the provisions
of Sub-Clause (2) above shall be paid for at the rates determined under Clause-39 of Standard
General Conditions of Contract. (Para-42(3) of SGCC-2022)

CLAIMS
31.(1) Quarterly Statement of Claims: The Contractor shall prepare and furnish to the
Engineer once in every quarter commencing from the month following the month of issue of
Letter of Acceptance, an account giving full and detailed particulars of all claims for any
additional expenses to which the Contractor may consider himself entitled to and of all extra
or additional works ordered by the Engineer which he has executed during the preceding
quarter and no claim for payment for such work will be considered which has not been
included in such particulars. (Para-43(1) of SGCC-2022)
31.(2) Signing of "No Claim" Certificate : The Contractor shall not be entitled to make any
claim whatsoever against the Railway under or by virtue of or arising out of this contract, nor
shall the Railway entertain or consider any such claim, if made by the Contractor, after he
shall have signed a "No Claim" Certificate in favour of the Railway in such form as shall be
required by the Railway after the works are finally measured up. The Contactor shall be
debarred from disputing the correctness of the items covered by "No Claim" Certificate or
demanding a clearance to arbitration in respect thereof. (Para-43(2) of SGCC-2022)
MEASUREMENTS, CERTIFICATES AND PAYMENTS

32. Quantities in Bills of Quantities Annexed to Contract: The quantities set out in the
accepted Bills of Quantities with items of works quantified are the estimated quantities of the
works and they shall not be taken as the actual and correct quantities of the work to be
executed by the Contractor in fulfillment of his obligations under the contract. (Para-44 of
SGCC-2022)

33(i). Measurement of Works by Railway: The Contractor shall be paid for the works at the
rates in the accepted Bills of Quantities and for extra works at rates determined under Clause
39 of Standard General Conditions of Contract on the measurements taken by the Engineer
or the Engineer's representative in accordance with the rules prescribed for the purpose by
the Railway. The quantities for items the unit of which in the accepted Bills of Quantities is
100 or 1000 shall be calculated to the nearest whole number, any fraction below half being
dropped and half and above being taken as one; for items the unit of which in the accepted
Bills of Quantities is single, the quantities shall be calculated to two places of decimals. Such
measurements will be taken of the work in progress from time to time and at such intervals
as in the opinion of the Engineer shall be proper having regard to the progress of works. The
date and time on which ‘on account’ or ‘final’ measurements are to be made shall be
communicated to the Contractor who shall be present at the site and shall sign the results of
the measurements (which shall also be signed by the Engineer or the Engineer's
representative) recorded in the official measurements book as an acknowledgement of his
acceptance of the accuracy of the measurements. Failing the Contractor's attendance, the
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
49
work may be measured up in his absence and such measurements shall, notwithstanding such
absence, be binding upon the Contractor whether or not he shall have signed the measurement
books provided always that any objection made by him to measurement shall be duly
investigated and considered in the manner set out below:

(a) It shall be open to the Contractor to take specific objection to any recorded measurements
or Classification on any ground within seven days of the date of such measurements. Any re-
measurement taken by the Engineer or the Engineer's representative in the presence of the
Contractor or in his absence after due notice has been given to him in consequence of
objection made by the Contractor shall be final and binding on the Contractor and no claim
whatsoever shall thereafter be entertained regarding the accuracy and Classification of the
measurements.
(b) If an objection raised by the Contractor is found by the Engineer to be incorrect the
Contractor shall be liable to pay the actual expenses incurred in measurements. (Para-45(i)
of SGCC-2022)

33(ii). Measurement of Works by Contractor’s Authorized Representative (in case the

contract provides for the same):
(a) The Contractor shall be paid for the works at the rates in the accepted Bills of Quantities
and for extra works at rates determined under Clause 39 of Standard General Conditions of
Contract on the measurements taken by the Contractor’s authorized Engineer in accordance
with the rules prescribed for the purpose by the Railway.
The quantities for items the unit of which in the accepted Bills of Quantities is 100 or 1000
shall be calculated to the nearest whole number, any fraction below half being dropped and
half and above being taken as one; for items the unit of which in the accepted Bills of
Quantities is single, the quantities shall be calculated to two places of decimals. Such
measurements will be taken of the work in progress from time to time. The date and time on
which ‘on account’ or ‘final’ measurements are to be made shall be communicated to the
Engineer.
The date and time of test checks shall be communicated to the Contractor who shall be
present at the site and shall witness the test checks, failing the Contractor’s attendance the
test checks may be conducted in his absence and such test checks shall not withstanding such
absence be binding upon Contractor provided always that any objection made by Contractor
to test check shall be duly investigated and considered in the manner set out below:
(i) It shall be open to the Contractor to take specific objection to test checks of any recorded
measurement within 7 days of date of such test checks. Any re-test check done by the
concerned Railway’s authority in the presence of the Contractor or in his absence after
due notice given to him in consequent of objection made by the Contractor shall be final
and binding on the Contractor and no claim whatsoever shall thereafter be entertained
regarding the accuracy and classification of the measurements.

(ii) If an objection raised by the Contractor is found by the Engineer to be incorrect the
Contractor shall be liable to pay the actual expenses incurred in measurements.
(b) Incorrect measurement, actions to be taken: If in case during test check or otherwise, it
is detected by the Engineer that agency has claimed any exaggerated measurement or has
claimed any false measurement for the works which have not been executed; amounting to
variation of 5% or more of claimed gross bill amount, action shall be taken as following:
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
50
 (i) On first occasion of noticing exaggerated/ false measurement, Engineer shall recover
liquidated damages equal to 10% of claimed gross bill value.

(ii) On any next occasion of noticing any exaggerated/false measurement, railway shall
recover liquidated damages equal to 15% of claimed gross bill value. In addition, the
facility of recording of measurements by Contractor as well as release of provisional
payment shall be withdrawn. Once withdrawn, measurements shall be done by railway
as per clause 33(i) above. (Para-45(ii) of SGCC-2022)
34.(1) "On-Account " Payments: The Contractor shall be entitled to be paid from time to
time by way of "On-Account" payment only for such works as in the opinion of the Engineer
he has executed in terms of the contract. All payments due on the Engineer’s/Engineer's
Representative's certificates of measurements or Engineer’s certified “Contractor’s
authorized Engineer’s measurements” shall be subject to any deductions which may be made
under these presents and shall further be subject to, unless otherwise required by Clause 16
of Standard General Conditions of Contract, a retention of ten percent by way of Security
Deposits, until the amount of Security Deposit by way of such retentions shall amount to 5%
of the total value of the contract provided always that the Engineer may by any certificate
make any correction or modification in any previous certificate which shall have been issued
by him and that the Engineer may withhold any certificate, if the works or any part thereof
are not being carried out to his satisfaction. (Para-46(1) of SGCC-2022)
34.(2) Rounding off Amounts: The total amount due on each certificate shall be rounded off
to the nearest rupee, i.e. sum less than 50 paise shall be omitted and sums of 50 paise and
more upto ₹1 will be reckoned as ₹ 1. (Para-46(2) of SGCC-2022)
34.(3) On Account Payments not Prejudicial to Final Settlement: "On-Account" payments
made to the Contractor shall be without prejudice to the final making up of the accounts
(except where measurements are specifically noted in the Measurement Book as "Final
Measurements" and as such have been signed by the Contractor and Engineer/Engineer's
Representative) and shall in no respect be considered or used as evidence of any facts stated
in or to be inferred from such accounts nor of any particular quantity of work having been
executed nor of the manner of its execution being satisfactory. (Para-46(3) of SGCC-2022)

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

This shall be limited to 10% of the Contract value and shall be paid in 2 stages :
Stage 1– 5% of Contract Value on signing of the contract agreement.
Stage 2 – 5% on mobilization of site-establishment, setting up offices, bringing in equipment
and actual commencement of work.
The stage 1 of advance shall be payable immediately after signing of contract [Link]
stage 2 of advance shall be payable at the time of mobilisation, only after submission ofan
utilization certificate by the contractor that the Stage 1 advance has been properly utilized in
the contract.
These Advances shall be payable against irrevocable guarantee (Bank Guarantee, FDRs)
from a scheduled commercial bank of India of at least 110% of the value of the sanctioned
advance amount (covering principal plus interest).
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
51
(b) : Advance Against Machinery and Equipment –
This advance shall be limited to a maximum of 10% of the contract value against new
Machinery & Equipment, involving substantial outlay, brought to site and essentially
required for the work. This advance shall not exceed 75% of the purchase price of such
Equipment and shall be payable when Equipment is hypothecated to the President of India
by a suitable bond or alternatively covered by an irrevocable Bank Guarantee from a
scheduled commercial bank of India for full cost of the Plant & Equipment in a form
acceptable to Railways. The Plant & Equipment shall be insured for the full value and for the
entire period, they are required for the work. This Plant & Equipment shall not be removed
from the site of work without prior written permission of the Engineer. No advance should
be given against old Plant & Machinery.
The advances under sub clause (a) and (b) above, are subject to the following conditions
(i) The full amount of Advances shall be recovered from contractor dues. The recovery shall
commence when the value of contract executed reaches 15% of original contract value and
shall be completed when the value of work executed reaches 85% of the original contract
value. The installments on each "on account bill" will be on pro-rata basis.
Interest shall be recovered on the advance outstanding for the period commencing from the
date of payment of advance till date of particular on-account bill (through which recovery of
principal is effected) and adjusted fully against on-account bill along with pro-rata principal
recovery. In the event of any short-fall, the same shall be carried forward to the next on-
account bill and shall attract interest.

(ii) The advances shall be used by the Contractor for the purpose of the Contract, and for the
purpose for which they are paid. Under no circumstances, shall the advances be diverted for
other purposes. Any such diversion shall be construed as a breach of the Contract and the
Contractor shall be asked to return the advance at once and pay interest at 15% per annum
till the advance is recovered back from him. The Contractor shall return the advance and pay
the interest in one go without demur. The Contractor, if required by the Engineer shall provide
the details of utilisation of Mobilisation advance.
(iii) If the Contractor is found to have contravened the provision, it will constitute a breach
of contract and Railway shall be entitled to terminate the contract and forfeit his Performance
Guarantee as well as Security Deposit.
(iv) In cases, where the Contract is rescinded as per clause 62 of the contract or short closed
under any other condition(s) of the contract, without making full recovery of advances and
accrued interest thereon, by the Railway, such balance of advances and accrued interest
thereon shall immediately become due and payable by the Contractor to the Railway. The
same shall be recovered from any due of Contractor with the Government of India. (Para-
46(4) of SGCC-2022)
34.(5) Manner of Payment: Unless otherwise specified payments to the Contractor will be
transferred electronically to his bank account. (Para-46(5) of SGCC-2022)
35. Price Variation Clause (PVC): (Para-46A of SGCC-2022)
35.1 Applicability: Price Variation Clause (PVC) shall be applicable only in tender having
advertised value above Rs. 2 Crores. Provided further that, in a contract where PVC is
applicable, following shall be outside the purview of price adjustments (i.e. shall be excluded
from the gross value of the work for the purpose of price variation) :
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
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a) Materials supplied by Railway to the Contractors, either free or at fixed rate;
b) Any extra item(s) included in subsequent variation falling outside the purview of the
Bill(s) of Quantities of tender, under clause 39. (1)(b) of these Standard General Conditions,
unless applicability of PVC and ‘Base Month’ has been specially agreed, while fixing the
rates of such extra item(s).

35.2 Base Month: The Base Month for ‘Price Variation Clause’ shall be taken as the one
month prior to closing of tender including extensions, if any, unless otherwise stated
elsewhere. The quarter for applicability of PVC shall commence from the month following
Base month. The Price Variation shall be based on the average Price Index of the quarter
under consideration.
35.3 Validity:
Rates accepted by Railway Administration shall hold good till completion of work and no
additional individual claim shall be admissible except:
(a) Payment/recovery for increase/decrease in GST on works contract or
imposition/removal of any tax/cess on Works Contract as per Clause 37 of Standard
General Conditions of Contract,
(b) Payment/recovery for overall market situation as per Price Variation Clause given
hereunder.
35.4 Components of various items in a contract on which variation in prices be admissible,
shall be steel, cement, ferrous material, non-ferrous material, insulators, zinc and other
materials, labour, plant & machinery, fuel, explosives, detonators etc. Adjustment for
variation in prices of these items shall be determined in the manner prescribed.

35.5 No price variation shall be admissible for fixed components.

35.6 The percentages of various components in various type of works shall be as specified
for all item (s)/ Bill(s) of Quantities in tender document and the same shall be fixed as per
table & classifications given below:
(I). For Civil Engineering Works
Classification
3D, 4D, 5D, 6D,
1B, 3B, 4B, 5B,

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

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

6C, 8C & 9C
6B 8B & 9B
1A, 2 & 3A

S
8D & 9D

8E & 9E
N
4A

5A

6A

8A

9A
7

Components
1 Fixed * 15 15 15 15 15 15 15 15 15 15 15
2 Labour Lc 20 25 30 20 50 20 20 0 0 10 25
3 Steel Sc 0 0 0 0 0 0 0 85 0 50 0
4 Cement Cc 0 0 15 0 0 0 0 0 85 0 0
5 Plant
Machinery PMc 30 15 5 20 15 20 30 0 0 10 30
& Spares
6 Fuel &
Fc 25 15 5 15 15 20 15 0 0 10 20
Lubricants
7 Other
Mc 10 15 30 30 5 25 20 0 0 5 10
materials
8 Detonators & Ec 0 15 0 0 0 0 0 0 0 0 0
Explosive
Total 100 100 100 100 100 100 100 100 100 100 100
* It shall not be considered for any price variation.
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
53
The classification mentioned in the table above represents following type of item(s) in
thework(s) –
1 Earthwork in Formation
1A All Item(s) excluding 1B or/and 1C
1B Item(s) for supply of Steel
1C Item(s) for supply of Cement
2 Ballast Supply Works
3 Tunnelling Works (Without Explosives)
3A All Item(s) excluding 3B or/and 3C or/and 3D or/and 3E
3B Item(s) for supply of Steel
3C Item(s) for supply of Cement or/and Grout
3D Item(s) for Fabrication & Erection of Structures including supply of Steel
3E Item(s) for Fabrication & Erection of Structures excluding supply of Steel.
4 Tunnelling Works (With explosives)
4A All Item(s) excluding 4B or/and 4C or/and 4D or/and 4E
4B Item(s) for supply of Steel
4C Item(s) for supply of Cement or/and Grout
4D Item(s) for Fabrication & Erection of Structures including supply of Steel
4E Item(s) for Fabrication & Erection of Structures excluding supply of Steel.
5 Building Works
5A All Item(s) excluding 5B or/and 5C or/and 5D or/and 5E
5B Item(s) for supply of Steel
5C Item(s) for supply of Cement
5D Item(s) for Fabrication & Erection of Structures including supply of Steel
5E Item(s) for Fabrication & Erection of Structures excluding supply of Steel.
6 Bridges & Protection work
6A All Item(s) excluding 6B or/and 6C or/and 6D or/and 6E
6B Item(s) for supply of Steel
6C Item(s) for supply of Cement
6D Item(s) for Fabrication, Assembly, Erection& Launching of Girders including supply of
Steel
6E Item(s) for Fabrication, Assembly, Erection &Launching of Girders excluding supply of
Steel
7 Permanent Way linking
8 Platform, Passenger Amenities
8A All Item(s) excluding 8B or/and 8C or/and 8D or/and 8E
8B Item(s) for supply of Steel item/fittings
8C Item(s) for supply of Cement Item
8D Item(s) for Fabrication & Erection of Structures including supply of Steel
8E Item(s) for Fabrication & Erection of Structures excluding supply of Steel
9 Any Other Works not covered in Classification 1 to 8
9A All Item(s) excluding 9B or/and 9C or/and 9D or/and 9E
9B Item(s) for supply of Steel
9C Item(s) for supply of Cement or/and Grout
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
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 9D Item(s) for Fabrication & Erection of Structures including supply of Steel
9E Item(s) for Fabrication & Erection of Structures excluding supply of Steel

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

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

LB x 100

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

MB x100

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

FB x 100

(iv) E = (W) x (EQ – EB) x EC

EB x100

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

PMB x 100

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

SB x 100
(vii) C = (W or WC ) x (CQ – CB) x CC
CB x 100

(II) For Railway Electrification Works:

(i) T = [0.4136x(CQ– CB) / CB] x 85
(ix) R = [0.94x(RT - RO) / RO + 0.06x(ZT - ZO) / ZO] x 85
(x) N = [(PT - PO) / PO] x 85
(xi) I = [(IT – IO) / IO] x 85
(xii) G = [(MQ - MB) / MB] x 85
(xiii) Er = [(LQ - LB) / LB] x 85

Where,

L Amount of price variation in Labour

M Amount of price variation in MaterialsF Amount of price variation in Fuel

E Amount of price variation in Explosives

PM Amount of price variation in Plant, Machinery and Spares

S Amount of price variation in Steel Supply Item

C Amount of price variation in Cement Supply Item

T Percentage variation payable on the gross value of bill of Concreting (Bill(s) of

Quantities for concrete items)

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
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R Percentage variation payable on the gross value of bill of Ferrous Items (Bill(s) of
Quantities for ferrous items)

N Percentage variation payable on the gross value of bill of Non-Ferrous Items(Bill(s)

of Quantities for non-ferrous items)

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

Quantities for Insulator items)

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

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

LC % of Labour Component in the item(s)

MC % of Material Component in the item(s)

FC % of Fuel Component in the item(s)

EC % of Explosive Component in the item(s)

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

SC % of Steel Supply item Component in the item(s)

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

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

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

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

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

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

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

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

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

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

For Chief Administrative Officer (Const)

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

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

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

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

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

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

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

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

SB The average rate provided by the Joint Plant Committee for the relevant categoryof steel
item as mentioned in Clause 46A.9; for the base period.

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

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

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

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

RO IEEMA price index for Steel Blooms (size 150mmx150mm)for the month which is one month
prior to date of opening of tender.

PT IEEMA price index for Copper wire rods for the month which is two months prior to date of
inspection of material.
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
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 PO IEEMA price index for Copper wire rods for the month which is one month prior to date of
opening of tender.

ZT IEEMA price index for Zinc for the month which is two months prior to date of inspection of
material

ZO IEEMA price index for Zinc for the month which is one month prior to date of opening of
tender

IT RBI wholesale price index for the sub-group “Insulators” for the month which is two months
prior to date of inspection of material

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

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

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

SL Classification Rates to be used for calculating SQ or SB

1. Reinforcement bars and Average of per tonne rates of 10mm dia TMT & 25mm
other rounds dia TMT; confirming IS1786; Fe 500
2. All types and sizes of angles, Average of per tonne rates of ‘Angle 75x75x6mm, Mild
channels and joists Steel Plate 10mm thickness and Channel 150x75mm;
confirming IS2062, E250 Gr “A”
3. All types and sizes of plates Average of per tonne rates of ‘MS Plates 10mm
thickness and 25mm thickness; confirming IS2062,
E250 Gr “A”
4. Any other section of steel not Average of price for the 3 categories covered under SL
covered in the above categories 1, 2 & 3 in this table.
(2). Relevant city for referring “JPC (Joint Plant Committee)”rates of steel items (SQ /SB) in
different Zonal Railways shall be as under :
SL City Railway
1. Delhi Northern , North Central, North Eastern, North Western
2. Kolkata Eastern, East Central, East Coast, Northeast Frontier, South Eastern,
Southeast Central
3. Mumbai Central, Western, West Central
4. Chennai Southern, South Central&South Western
35.10 Price Variation during Extended Period of Contract
The price adjustment as worked out above, i.e. either increase or decrease shall be applicable
upto the stipulated date of completion of work including the extended period of completion
where such extension has been granted under Clause 17-A of the Standard General Conditions
of Contract. However, where extension of time has been granted due to Contractor’s failure
under Clause 17-B of the Standard General Conditions of Contract, price adjustment shall be
done as follows:
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
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 a. In case the indices increase above the indices applicable to the last month of original
completion period or the extended period under Clause 17-A of Standard General
Conditions of Contract, the price adjustment for the period of extension granted under
Clause 17-B of Standard General Conditions of Contract shall be limited to the amount
payable as per the Indices applicable to the last month of the original completion period or
the extended period under Clause 17-A of the Standard General Conditions of Contract; as
the case may be.
b. In case the indices fall below the indices applicable to the last month of original/ extended
period of completion under Clause 17-A of Standard General Conditions of Contract, as the
case may be; then the lower indices shall be adopted for the price adjustment for the period
of extension under Clause 17-B of the Standard General Conditions of Contract. (Para-46A
of SGCC-2022)
36. Maintenance of Works: The Contractor shall at all times during the progress and
continuance of the works and also for the period of maintenance specified in the Tender Form
after the date of issue of the certificate of completion by the Engineer or any other earlier date
subsequent to the completion of the works that may be fixed by the Engineer, be responsible for
and effectively maintain and uphold in good substantial, sound and perfect condition all and
every part of the works and shall make good from time to time and at all times as often as the
Engineer shall require, any damage or defect that may during the above period arise in or be
discovered or be in any way connected with the works, provided that such damage or defect is
not directly caused by errors in the contract documents, act of providence or insurrection or civil
riot, and the Contractor shall be liable for and shall pay and make good to the Railway or other
persons legally entitled thereto whenever required by the Engineer so to do, all losses, damages,
costs and expenses they or any of them may incur or be put or be liable to by reasons or in
consequence of the operations of the Contractor or of his failure in any respect. (Para-47 of
SGCC-2022)
37.(1) Final Payment: On the Engineer's certificate of completion in respect of the works,
adjustment shall be made and the balance of account based on the Engineer or the Engineer's
representative's certified measurements or Engineer’s certified “contractor’s authorized
engineer’s measurements” of the total quantity of work executed by the Contractor upto the date
of completion and on the rates accepted in Bill(s) of Quantities and for extra works on rates
determined under Clause 39 of Standard General Conditions of Contract shall be paid to the
Contractor subject always to any deduction which may be made under these presents and further
subject to the Contractor having signed delivered to the Engineer enclosing either a full account
in detail of all claims he may have on the Railway in respect of the works or having delivered
No Claim Certificate and the Engineer having after the receipt of such account given a certificate
in writing that such claims are not covered under excepted matter i.e. Clauses 7(i), 8, 18, 22(5),
39.1, 39.2, 40A, 43(2), 45(i)(a), 55, 55-A(5), 57, 57A, 61(1), 61(2) and 62(1), 63(iv) and 63.2.211
of the Standard General Conditions of Contract or in any Clause (stated as excepted matter) of
the Special Conditions of the Contract, that the whole of the works to be done under the
provisions of the Contracts have been completed, that they have been inspected by him since
their completion and found to be in good and substantial order, that all properties, works and
things, removed, disturbed or injured in consequence of the works have been properly replaced
and made good and all expenses and demands incurred by or made upon the Railway for or in
the respect of damage or loss by from or in consequence of the works, have been satisfied
agreeably and in conformity with the contract. (Para-51.(1) of SGCC-2022)

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
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 LABOUR
38. Wages to Labour: The Contractor shall be responsible to ensure compliance with the
provision of the Minimum Wages Act, 1948 (hereinafter referred to as the “said Act”) and
the Rules made thereunder in respect of any employees directly or through petty Contractors
or sub-contractors employed by him for the purpose of carrying out this contract.
If, in compliance with the terms of the contract, the Contractor supplied any labour to be used
wholly or partly under the direct orders and control of the Railways whether in connection
with any work being executed by the Contractor or otherwise for the purpose of the Railway
such labour shall, for the purpose of this Clause, still be deemed to be persons employed by
the Contractor.
If any moneys shall, as a result of any claim or application made under the said Act be
directed to be paid by the Railway, such money shall be deemed to be moneys payable to the
Railway by the Contractor and on failure by the Contractor to repay the Railway any moneys
paid by it as aforesaid within seven days after the same shall have been demanded, the
Railways shall be entitled to recover the same from Contractor’s bills/Security Deposit or
any other dues of Contractor with the Government of India. (Para-54 of SGCC-2022)
38-A. Apprentices Act: The Contractor shall be responsible to ensure compliance with the
provisions of the Apprentices Act, 1961 and the Rules and Orders issued thereunder from
time to time in respect of apprentices directly or through petty Contractors or sub-contractors
employed by him for the purpose of carrying out the Contract.
If the Contractor directly or through petty Contractors or sub-contractors fails to do so, his
failure will be a breach of the contract and the Railway may, in its discretion, rescind the
contract. The Contractor shall also be liable for any pecuniary liability arising on account of
any violation of the provisions of the Act. (Para-54-A of SGCC-2022)
39. Provisions of Payments of Wages Act: The Contractor shall comply with the provisions
of the Payment of Wages Act, 1936 and the rules made thereunder in respect of all employees
employed by him either directly or through petty Contractors or sub-contractors in the works.
If in compliance with the terms of the contract, the Contractor directly or through petty
Contractors or sub-contractors shall supply any labour to be used wholly or partly under the
direct orders and control of the Engineer whether in connection with the works to be executed
hereunder or otherwise for the purpose of the Engineer, such labour shall nevertheless be
deemed to comprise persons employed by the Contractor and any moneys which may be
ordered to be paid by the Engineer shall be deemed to be moneys payable by the Engineer on
behalf of the Contractor and the Engineer may on failure of the Contractor to repay such
money to the Railways deduct the same from any moneys due to the Contractor in terms of
the contract. The Railway shall be entitled to recover the same from Contractor’s
bills/Security Deposit or any other dues of Contractor with the Government of India all
moneys paid or payable by the Railway by way of compensation of aforesaid or for costs of
expenses in connection with any claim thereto and the decision of the Engineer upon any
question arising out of the effect or force of this Clause shall be final and binding upon the
Contractor. (Para-55 of SGCC-2022)
39-A. Provisions of Contract Labour (Regulation and Abolition) Act, 1970:

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West Central Railway, Jabalpur.
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39-A.(1) The Contractor shall comply with the provision of the contract labour (Regulation
and Abolition) Act, 1970 and the Contract labour (Regulation and Abolition) Central Rules
1971 as modified from time to time, wherever applicable and shall also indemnify the
Railway from and against any claims under the aforesaid Act and the Rules. (Para-55-A.(1)
of SGCC-2022)
39-A.(2) The Contractor shall obtain a valid license under the aforesaid Act as modified
from time to time before the commencement of the work and continue to have a valid license
until the completion of the work. Any failure to fulfill the requirement shall attract the penal
provision of the Act. (Para-55-A.(2) of SGCC-2022)
39-A.(3) The Contractor shall pay to the labour employed by him directly or through sub-
contractors the wages as per provision of the aforesaid Act and the Rules wherever
applicable. The Contractor shall notwithstanding the provisions of the contract to the
contrary, cause to be paid the wages to labour, indirectly engaged on the works including any
engaged by sub-contractors in connection with the said work, as if the labour had been
immediately employed by him. (Para-55-A.(3) of SGCC-2022)
39-A.(4) In respect of all labour directly or indirectly employed in the work for performance
of the Contractor's part of the contract, the Contractor shall comply with or cause to be
complied with the provisions of the aforesaid Act and Rules wherever applicable. (Para-55-
A.(4) of SGCC-2022)
39-A.(5) In every case in which, by virtue of the provisions of the aforesaid Act or the rules,
the Railway is obliged to pay any amount of wages to a workman employed by the Contractor
or his sub-contractor in execution of the work or to incur any expenditure on account of the
contingent, liability of the Railway due to the Contractor's failure to fulfill his statutory
obligations under the aforesaid Act or the rules, the Railway will recover from the Contractor,
the amount of wages so paid or the amount of expenditure so incurred and without prejudice
to the rights of the Railway under the Section 20, Sub-Section (2) and Section 2, Sub-Section
(4) of the aforesaid Act, the Railway shall be at liberty to recover such amount or part thereof
from Contractor’s bills/Security Deposit or any other dues of Contractor with the
Government of India. The Railway shall not be bound to contest any claim made against it
under Sub-Section (1) of Section 20 and Sub-Section (4) of Section 21 of the aforesaid Act
except on the written request of the Contractor and upon his giving to the Railway full
security for all costs for which the Railway might become liable in contesting such claim.
The decision of the Chief Engineer regarding the amount actually recoverable from the
Contractor as stated above shall be final and binding on the Contractor. (Para-55- A.(5) of
SGCC-2022)
39-B. Provisions of Employees Provident Fund and Miscellaneous Provisions Act,
1952:The Contractor shall comply with the provisions of Para 30 & 36-B of the Employees
Provident Fund Scheme, 1952; Para 3 & 4 of Employees’ Pension Scheme, 1995; and Para 7
& 8 of Employees Deposit Linked Insurance Scheme, 1976; as modified from time to time
through enactment of “Employees Provident Fund & Miscellaneous Provisions Act, 1952”,
wherever applicable and shall also indemnify the Railway from and against any claims under
the aforesaid Act and the Rules. (Para-55-B of SGCC-2022)
39-C (i) Contractor is to abide by the provisions of various labour laws in terms of clause
54, 55, 55A & 55B of the Standard General Condition of Contract. In order to ensure the
same, an application has been developed and hosted on website
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West Central Railway, Jabalpur.
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[Link]’. Contractor shall register his firm/company etc.
and upload requisite details of labour and their payment in this portal. These details shall be
available in public domain. The Registration / updation of Portal shall be done as under:
(a) Contractor shall apply for onetime registration of his company/firm etc. in the
Shramikkalyan portal with requisite details subsequent to issue of Letter of
Acceptance. Engineer shall approve the contractor’s registration in the portal within
7 days of receipt of such request.

(b) Contractor once approved by any Engineer, can create password with login ID (PAN
No.) for subsequent use of portal for all Letter of Acceptance (LoAs) issued in his
favour.

(c) The contractor once registered on the portal, shall provide details of his Letter of
Acceptances (LoAs) / Contract Agreements on shramikkalyan portal within 15 days
of issue of any LoA for approval of concerned engineer. Engineer shall update (if
required) and approve the details of LoA filled by contractor within 7 days of receipt
of such request.

(d) After approval of LoA by Engineer, contractor shall fill the salient details of contract
labours engaged in the contract and ensure updating of each wage payment to them
on shramikkalyan portal on monthly basis.

(e) It shall be mandatory upon the contractor to ensure correct and prompt uploading of
all salient details of engaged contractual labour & payments made thereof after each
wage period.
(ii) While processing payment of any ‘On Account bill’ or ‘Final bill’ or release of
‘Advances’ or ‘Performance Guarantee / Security deposit’, contractor shall submit a
certificate to the Engineer or Engineer’s representatives that “I have uploaded the correct
details of contract labours engaged in connection with this contract and payments made to
them during the wage period in Railway’s Shramikkalyan portal at
‘[Link]’ till Month, Year.” (Para-55-C of SGCC-2022)
39-D. Provisions of “The Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996” and “The Building and Other
Construction Workers’ Welfare Cess Act, 1996”:
The tenderers, for carrying out any construction work, shall get themselves registered with
the Registering Officer under Section-7 of the Building and Other Construction Workers’
Welfare Cess 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. (Para-55-D of SGCC-2022)
40. Reporting of Accidents: The Contractor shall be responsible for the safety of all
employees directly or through petty Contractors or sub-contractor employed by him on the
works and shall report serious accidents to any of them however and wherever occurring on
the works to the Engineer or the Engineers Representative and shall make every arrangements
to render all possible assistance. (Para-56 of SGCC-2022)

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
62
41. Provision of Workmen’s Compensation Act: In every case in which by virtue of the
provisions of Section 12 Sub-Section (1) of the Workmen's Compensation Act 1923, Railway
is obliged to pay compensation to a workman directly or through petty Contractor or sub-
contractor employed by the Contractor in executing the work, Railway will recover from the
Contractor the amount of the compensation so paid, and, without prejudice to the rights of
Railway under Section 12 Sub-section (2) of the said Act, Railway shall be at liberty to
recover such amount or any part thereof from Contractor’s bills/Security Deposit or any other
dues of Contractor with the Government of India. Railway shall not be bound to contest any
claim made against it under Section 12 Sub-Section (1) of the said Act except on the written
request of the Contractor and upon his giving to Railway full security for all costs for which
Railway might become liable in consequence of contesting such claim. (Para-57 of SGCC-
2022)
41-A. Provision of Mines Act: The Contractor shall observe and perform all the provisions
of the Mines Act, 1952 or any statutory modifications or re-enactment thereof for the time
being in force and any rules and regulations made thereunder in respect of all the persons
directly or through the petty Contractors or sub-contractors employed by him under this
contract and shall indemnify the Railway from and against any claims under the Mines Act,
or the rules and regulations framed thereunder, by or on behalf of any persons employed by
him or otherwise. (Para-57-A of SGCC-2022)

42. Railway not to Provide Quarters for Contractors: No quarters shall normally be
provided by the Railway for the accommodation of the Contractor or any of his staff
employed on the work. In exceptional cases where accommodation is provided to the
Contractor at the Railway's discretion, recoveries shall be made at such rates as may be fixed
by the Railway for the full rent of the buildings and equipments therein as well as charges
for electric current, water supply and conservancy. (Para-58 of SGCC-2022)

DETERMINATION OF CONTRACT
43.(1) Right of Railway to Determine the Contract: The Railway shall be entitled to
determine and terminate the contract at any time should, in the Railway's opinion, the
cessation of work becomes necessary owing to paucity of funds or from any other cause
whatever, in which case the value of approved materials at site and of work done to date by
the Contractor will be paid for in full at the rate specified in the contract. Notice in writing
from the Railway of such determination and the reasons therefor shall be conclusive evidence
thereof. (Para-61.(1) of SGCC-2022)
43.(2) Payment on Determination of Contract: Should the contract be determined under
sub clause (1) of this clause and the Contractor claims payment for expenditure incurred by
him in the expectation of completing the whole of the work, the Railways shall admit and
consider such claims as are deemed reasonable and are supported by vouchers to the
satisfaction of the Engineer. The Railway's decision on the necessity and propriety of such
expenditure shall be final and conclusive. (Para-61.(2) of SGCC-2022)
43.(3) The Contractor shall have no claim to any payment of compensation or otherwise,
howsoever on account of any profit or advantage which he might have derived from the
execution of the work in full but which he did not derive in consequence of determination of
contract. (Para-61.(3) of SGCC-2022)

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West Central Railway, Jabalpur.
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44.(1) Determination of Contract owing to Default of Contractor:
If the Contractor should:
(i) Becomes bankrupt or insolvent, or
(ii) Make an arrangement for assignment in favour of his creditors, or agree to carry out
the contract under a Committee of Inspection of his creditors, or
(iii) Being a Company or Corporation, go into liquidation (other than a voluntary
liquidation for the purposes of amalgamation or reconstruction), or
(iv) Have an execution levied on his goods or property on the works, or
(v) Assign the contract or any part thereof otherwise than as provided in Clause 7 of GCC,
or
(vi) Abandon the contract, or
(vii) Persistently disregard the instructions of the Engineer, or contravene any provision of
the contract, or
(viii) Fail to adhere to the agreed programme of work by a margin of 10% of the stipulated
period, or
(ix) Fail to Execute the contract documents in terms of Clause 8 of the Instructions to
Tenderers.
(x) Fails to submit the documents pertaining to identity of JV and PAN in terms of Clause
17.11 of Tender Form (Second Sheet) of Annexure I available in the Instructions to
Tenderers.
(xi) Fail to remove materials from the site or to pull down and replace work after receiving
from the Engineer notice to the effect that the said materials or works have been
condemned or rejected under Clause 25 and 27 of GCC, or
(xii) Fail to take steps to employ competent or additional staff and labour as required under
Clause 26 of GCC, or
(xiii) Fail to afford the Engineer or Engineer's representative proper facilities for inspecting
the works or any part thereof as required under Clause 28 of GCC, or
(xiv) Promise, offer or give any bribe, commission, gift or advantage either himself or
through his partner, agent or servant to any officer or employee of the Railway or to
any person on his or on their behalf in relation to the execution of this or any other
contract with this Railway.
(xv) Fail to adhere to the provisions of Clause 16 of Tender Form (Second Sheet) of
Annexure I of the Instructions to Tenderers, or provision of Clause 59(9) of General
Conditions of Contract.
(xvi) Submits copy of fake documents / certificates in support of credentials, submitted by
the tenderer
Then and in any of the said Clause, the Engineer on behalf of the Railway may serve the
Contractor with a notice (Proforma at Annexure-IX of SGCC) in writing to that effect and if
the Contractor does not within seven days after the delivery to him of such notice proceed to
make good his default in so far as the same is capable of being made good and carry on the
work or comply with such directions as aforesaid of the entire satisfaction of the Engineer,
the Railway shall be entitled after giving 48 hours’ notice (Proforma at Annexure-X or XII
of SGCC, as the case may be) in writing under the hand of the Engineer to rescind the contract
as a whole or in part or parts (as may be specified in such notice) and after expiry of 48 hours’
notice, a final termination notice (Proforma at Annexure-XI or XIII of Standard General
Conditions of Contract, as the case may be) should be issued.
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West Central Railway, Jabalpur.
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Note: Engineer at his discretion may resort to the part termination of contract with notices
(Proforma at Annexure- IX, XII and XIII of Standard General Conditions of Contract), only
in cases where progress of work is more than or equal to 80% of the original scope of work.
(Para-62.(1) of SGCC-2022)

44.(2) Right of Railway after Rescission of Contract owing to Default of Contractor: In

the event of any or several of the courses, referred to in Sub-Clause(1) of this Clause, being
adopted:
(a) The Contractor shall have no claim to compensation for any loss sustained by him by
reason of his having purchased or procured any materials or entered into any commitments
or made any advances on account of or with a view to the execution of the works or the
performance of the contract and Contractor shall not be entitled to recover or be paid any
sum for any work thereto for actually performed under the contract unless and until the
Engineer shall have certified the performance of such work and the value payable in respect
thereof and the Contractor shall only be entitled to be paid the value so certified.
(b) In the contract which has been rescinded as a whole, the Security Deposit already with
railways under the contract shall be encashed/ forfeited and the Performance Guarantee
already submitted for the contract shall be encashed. The balance work shall be got done
independently without risk & cost of the failed Contractor. The failed Contractor shall be
debarred from participating in the tender for executing the balance work. If the failed
Contractor is a JV or a Partnership firm, then every member/partner of such a firm shall be
debarred from participating in the tender for the balance work in his/her individual capacity
or as a partner of any other JV /partnership firm.
Further the authorized representative of failed Contractor cannot be accepted as authorized
representative in new contract.
(c) In the contract rescinded in part or parts,

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

(ii) The Security Deposit of part terminated contract shall be dealt as per clause 16(2) of
SGCC.
(iii) The defaulting Contractor shall not be issued any completion certificate for the contract.
(iv) The balance work shall be got done independently without risk & cost of the failed
Contractor. The failed Contractor shall be debarred from participating in the tender for
executing the balance work. If the failed Contractor is a JV or a Partnership firm, then every
member/partner of such a firm shall be debarred from participating in the tender for the
balance work in his/her individual capacity or as a partner of any other JV /partnership firm.
(v) Further the authorized representative of failed Contractor will not be accepted as
authorized representative in new contract.
(d) The Engineer or the Engineer's Representative shall be entitled to take possession of any
materials, tools, implements, machinery and buildings on the works or on the property on
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West Central Railway, Jabalpur.
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which these are being or ought to have been executed, and to retain and employ the same in
the further execution of the works or any part thereof until the completion of the works
without the Contractor being entitled to any compensation for the use and employment
thereof or for wear and tear or destruction thereof.
(e) The Engineer shall as soon as may be practicable after removal of the Contractor fix and
determine ex-parte or by or after reference to the parties or after such investigation or
enquiries as he may consider fit to make or institute and shall certify what amount (if any)
had at the time of rescission of the contract been reasonably earned by or would reasonably
accrue to the Contractor in respect of the work then actually done by him under the contract
and what was the value of any unused, or partially used materials, any constructional plant
and any temporary works upon the site. The legitimate amount due to the Contractor after
making necessary deductions and certified by the Engineer should be released expeditiously.
(Para-62.(2) of SGCC-2022)
******

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West Central Railway, Jabalpur.
66
 CHAPTER-4
WEST CENTRAL RAILWAY CONSTRUCTION ORGANISATION
SPECIAL CONDITIONS OF CONTRACT
1 MAINTENANCE PERIOD: -
1.1 The successful tenderer/contractor will have to maintain all works excepting supply of
ballast for a period of 06 (six) Calendar months or one monsoon period whichever
is later, unless otherwise specified in the Tender Conditions from the certified date
of completion without any extra cost to the Railway.
1.2 In case of [Link] works, the contractor shall maintain the same till six months from
completion of the work or till allowing regular train service on track, whichever
is earlier, unless otherwise specified in the Tender Conditions from the certified date
of completion without any extra cost to the Railway.
2. PRICE VARIATION CLAUSE (PVC)
Price variation Clause (PVC) shall be applicable only in tender having advertised
value above Rs. 2 Crores.
3. UTILIZATION OF RAILWAY STONES:
3.1 Notwithstanding the inclusion of some of the rates in the schedules with contractor’s
stones/aggregate, the Contractor(s) shall utilize the Railway’s usable surplus stones,
if available for use as such or by converting them into aggregate of sizes required.
The cost of boulder shall be recovered for one cubic metre net of such stones as per
the prevailing rate of the area or @ Rs. 375/- per cum or as may be decided by the
Railway (after deducting 30% for voids). The Contractor(s) shall collect the boulders
from locations within the limit of contract section wherever they are offered to him
within the section limits. The rate per cubic metre net includes royalty, collection as
required. The rate also includes loading, transportation of cut spoils which has to be
done by the Contractors at his/their own risk and cost and the rate is towards the cost
of cut stone available on “as is and where is basis”. The boulder issued to the
Contractor(s) for the above purpose will be used only for the works of the agreement
and shall neither be disposed off nor be used for any other agreement.

4. REGISTRATION WITH LABOUR DEPARTMENT OF STATE

GOVERNMENT:
The tenderers for carrying out any construction work in Madhya Pradesh/ Rajasthan
/ Chhattisgarh/Uttar Pradesh must get themselves registered from the Registering
Officer under Section-7 of the Building and Other Construction Workers’ (Regulation
of Employment and Conditions of Service) Cess Act 1996 and Rules made thereto.
The tenderer shall be required to submit certificate of Registration issued from the
Registering Officer of the Govt. of Madhya Pradesh/ Rajasthan / Chhattisgarh/Uttar
Pradesh (Labour Department) as applicable. The cess shall be deducted from the
contractor’s bills as per provisions of the Act.

5. USE OF PATENTED ITEMS

5.1 In case, the agency supplying the patented item is not the contractor to whom the work
is assigned and these items are being procured by the Contractor, the concerned
contractor will obtain prior approval from the Engineer-in-charge of the work (Min.
JA Grade Officer), who will ensure that all design and safety aspects are taken care
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West Central Railway, Jabalpur.
67
 of. For any specify requirement concerning execution, warranty etc., an
agreement/MOU is to be entered between the main contractor and the party supplying
the patented items, clearly bringing out the responsibility of party supplying such
patented items. A copy of such MOU will be furnished to the Engineer-in-charge by
the main contractor to whom work has been assigned by the Railway and after the
approval of Engineer- in-charge, such item can be used in work.
5.2. The agency supplying the patented item shall provide complete details/specifications/
drawings of the items including the manner in which it is to be used.
5.3. During the installation of such patented items, authorised representative of the firm
supplying such patented/propriety items shall be present and after the execution of
work, a certificate to be issued by the firm supplying the patented item indicating its
proper installation. Such certificate will have to be kept in record by the concerned
Engineer-in-charge executing the contract, before releasing payment for the work
done. (Ref: Rly Board’s Lr. No. 2018/CE-I/Innov/1 dtd. 18.01.2018)
6. PRE-CAUTION TO BE TAKEN WHILE PLYING OF VEHICLES
ADJACENT TO RUNNING LINES TO PREVENT ACCIDENT TO TRAINS.
6.1 Vulnerable locations where construction work adjacent to running line can cause
accident should be protected by suitable strong barrier which should be included as a
paid item in contract schedule. These locations should be decided by Executive In-
charge of the work at the beginning of construction and intimated to contractor in
writing.
6.2 The barrier should be painted by retro-reflective paint at suitable interval to give
warning at night.
6.3 No work adjacent to running track should be carried out at night without express
written authority from the Engineer In-charge of the work. In fact, no contractor
should do any kind of night working unless the Executive Engineer In-charge of the
work gives the specified spots according to priority of work where night working has
to be done. These spots should be well lit at night. In addition, the work should always;
be done under supervision of Railway supervisors in addition to Contractor’s
supervisors. Suitable Railway personnel should be posted at site with safety
equipment’s like banner flags, hand signal flags, hand signal lamps and detonators to
arrange protection of trains. The Railway supervisors in charge of such work should
also give suitable message to adjacent stations as well as through control for issuing
caution orders to the trains approaching the work site. For this purpose, he should be
equipped with field telephone/walkie talkie set.
6.4 The Contractor shall not allow any road vehicle belonging to him or his suppliers etc.,
to ply in railway land next to the running line. If for execution of certain works viz,
earthwork for parallel Railway Line and supply of ballast for new or existing rail line
gauge conversion etc., road vehicles are necessary to be used in Railway land next to
the railway line, the Contractor shall apply to the Engineer-in –Charge for permission
giving the type & No. of individual vehicles, names and License particulars of the
drivers, location, duration & timings for such work/movement. The Engineer in
Charge or his authorised representative will personally counsel, examine & certify,
the road vehicle drivers, Contractor’s flagmen & supervisor and will give written
permission giving names of road vehicle drivers, Contractor’s flagmen and supervisor
to be deployed on the work, location, period and timing of the work. This permission
will be subject to the following obligatory conditions.
(i) The road vehicles will ply only between sunrise & sunset.
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West Central Railway, Jabalpur.
68
 (ii) Nominated vehicles & drivers will be utilised for work in the presence of at least
one flagman & one supervisor certified for such work.
(iii) The vehicles shall ply 6m clear of track. Any movement/work at less than 6m
and up to minimum 3.5m clear of track centre, shall be done only in the presence
of railway employee authorised by the Engineer-in-Charge. No part of the road
vehicle will be allowed at less than 3.5m from track centre. Cost of such railway
employee shall be borne by the Railway.
(iv) The Contractor shall remain fully responsible for ensuring safety & in case of
any accident, shall bear cost of all damages to this equipment and new and also
damages to railway & its passengers.
(v) The Contractor shall also be bound by the provisions of this agreement to ply
the road Vehicle only with adequate margin of safety, well clear of the fixed
structure profile of infringement, as stipulated in the rules made under the Indian
Railway’s Act and to seek and be guided by the Signals and other directions of
any look-out men or other personnel retained for the purpose of ensuring safety,
and to ensure extra care and vigilance while turning, reversing or moving the
road Vehicles in any other manner at an inclination to the running Railway Track
or the siding as the case may be. The Contractor shall employ necessary look-
out; men also at his own cost, irrespective of any other arrangement that Railway
may make in this regard.
(vi) Any breach of these conditions by the Contractor and/or his agents affecting the
safety of movement of Trains, Engines, or other rolling stock of the Railway
shall constitute a breach of Contract by the Contractor entailing liability with
termination of contract for default on the part of the Contractor.
7.0 Mode of Payment Through Letter of Credit (LC) as option in works contract
having advertised cost of Rs. 10 lakhs and above: -
7.1 (i) For all the tenders having advertised cost of Rs. 10 Lakh or above, the contractor
shall have the option to take payment from Railways through a letter of credit (LC)
arrangement.
(ii) This option of taking payment through LC arrangement has to be exercised in
IREPS (Indian Railway Electronic Procurement System-the e-application on which
tenders are called by Railways) by the tenderer at the time of bidding itself and the
tenderer shall affirm having read over and agreed to the terms and conditions of
the LC option.
(iii) The option so exercised, shall be an integral part of the bidder’s offer.
(iv) The above option of taking payment through LC arrangement, once exercised by
tenderer at the time of bidding, shall be final and no change shall be permitted,
thereafter, during execution of contract.
(v) In case tenderer opts for payment through LC, following shall be the procedure to
deal release of payment through LC:
(a) The LC shall be a sight LC.
(b) The contractor shall select his Advising/Negotiating bank for LC. The incidental
cost towards issue of LC and its operation thereof shall be borne by the contractor.
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(c) SBI, New Delhi, Main Branch will be the nodal branch for issue of LC’s based on
online requests received from Railway Accounts Units for tenders opened in
financial year 2018-19. SBI branches where the respective Railway Accounts
Office has its Account (Local SBI Branch) will be the issuance/reimbursing
branch for LC issued under this arrangement. The Bank shall remain same for this
tender till completion of contract. The incidental cost @ 0.15% per annum of LC
value, towards issue of LC and operation thereof shall be borne by the contractor
and shall be recovered from his bills.
(d) The LC shall be opened initially for duration of 180 to 365 days in consultation
with contractor. The LC shall be extended time to time as per the progress of the
contract, on the request of the contractor. The value of LC to be opened initially
as well as extended thereafter shall be finalized by the engineer in consultation
with the contractor on the basis of expected progress of work.
(e) The LC terms and conditions shall inter-alia indemnify and save harmless the
Railway from and against all losses, claims and demands of every nature and
description brought or recovered against the Railways by reason of any act or
omission of the contractor, his agents or employees, in relation to the letter of
Credit (LC). All sums payable/borne by Railways on this account shall be
considered as reasonable compensation and paid by contractor.
(f) The LC terms and conditions shall inter-alia provide that Railways will issue a
Document of authorization (format enclosed as Annexure-P of Chapter-6) after
passing the bill for completed work to enable contractor to claim the authorized
amount from their bank.
(g) The acceptable, agreed upon document for payments to be released under the LC
shall be the Document of Authorisation.
(h) The Document of Authorisation shall be issued by Railway Accounts Office
against each bill passed by Railways.
(i) On issuance of Document of Authorisation, a copy of Document of Authorisation
shall be posted on IREPS for download by the contractor. A digitally signed copy
of Document of Authorisation shall also be sent by Railway Accounts Office to
Railway’s bank (Local SBI Branch).
(j) The contractor shall take print out of the Document of Authorisation available on
IREPS and present his claim to his bank (advising Bank) for necessary payments
as per LC terms and conditions. The claim shall comprise of copy of Document
of Authorisation, Bill of Exchange and Bill.
(k) The payment against LC shall be subject to verification from Railway’s Bank
(Local SBI Branch).
(l) The Contractor’s bank (advising bank) shall submit the documents to the
Railway’s Bank (Local SBI Branch)
(m) The railway’s bank (issuing bank) shall, after verifying the claim so received
w.r.t. the digitally signed Document of Authorisation received from Railway
Accounts Office, release the payment to contractor’s bank (advising bank) for
crediting the same to contractor’s account.

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West Central Railway, Jabalpur.
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 (n) Any number of bills can be dealt within one LC, provided the sum total of
payments to contractor is within the amount for which LC has been opened.
(o) The LC shall be closed after the release of final payment including PVC amount,
if any, to the contractor.
(p) The release of performance guarantee or security deposit shall be dealt directly by
railway with the contractor i.e. not through LC.
7.2. For opening of LC, executive department shall make a request letter to concerned
Accounts Department on a format, placed as Annexure-1 of Chapter-4.
8. Public Procurement (Preference to Make in India), Order-2017:-
Whereas it is the policy of the Government of India to encourage ‘Make in India’ and
promote manufacturing and production of goods and services in India with a view to
enhancing income and employment, and Whereas procurement by the Government is
substantial in amount and can contribute towards this policy objective, and
Whereas local content can be increased through partnerships, cooperation with local
companies, establishing production units in India or Joint Ventures (JV) with Indian
suppliers, increasing the participation of local employees in services and training
them.
Now therefore the following Order is issued:
8.1. This Order is issued pursuant to Rule 153(iii) of the General Financial Rules
2017.
8.2. Definitions: For the purposes of this Order:
‘Local Content’ means the amount of value added in India which shall, unless
otherwise prescribed by the Nodal Ministry, be the total value of the item procured
(excluding net domestic indirect taxes) minus the value of imported content in the
item (including all customs duties) as a proportion of the total value, in percent.
‘Local Supplier’ means a supplier or service provider whose product or service
offered for procurement meets the minimum local content as prescribed under this
Order or by the competent Ministries/Departments in pursuance of this Order.
‘L 1’ means the lowest tender or lowest bid of the lowest quotation received in a
tender, bidding process or other procurement solicitation as adjudged in the evaluation
process as per the tender or other procurement solicitation.
‘margin of purchase preference’ means the maximum extent to which the price quoted
by a local supplier may be above the L 1 for the purpose of purchase preference.
‘Nodal Ministry’ means the Ministry or Department identified pursuant to this order
in respect of a particular item of goods or services.
‘Procuring entity’ means a Ministry or department or attached or subordinate office
of or autonomous body controlled by, the Government of India and includes
Government companies as defined in the Companies Act.

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8.3. Requirement of Purchase Preference: Subject to the provisions of this Order and to
any specific instructions issued by the Nodal Ministry or in pursuance of this Order,
purchase preference shall be given to local suppliers in all procurements undertaken
by procuring entities in the manner specified hereunder:
a. In procurement of goods in respect of which the Nodal Ministry has communicated
that there is sufficient local capacity and local competition, and where the estimated
value of procurement is Rs. 50 Lakhs or less, only local suppliers shall be eligible. If
the estimated value of procurement of such goods is more than Rs. 50 Lakhs, the
provisions of sub-paragraph b or c, as the case may be, shall apply.
b. In the procurement of goods which are not covered by paragraph 8-(3a) and which
are divisible in nature, the following procedure shall be followed.
i. Among all qualified bids, the lowest bid will be termed as L1. If L1 is from a local
supplier, the contract for full quantity will be awarded to L1.
ii. If L1 bid is not from a local supplier, 50% of the order quantity shall be awarded
to L1. Thereafter, the lowest bidder among the local suppliers, will be invited to match
the L1 price for the remaining 50% quantity subject to the local supplier’s quoted
price falling within the margin of purchase preference, and contract for that quantity
shall be awarded to such local supplier subject to matching the L1 price. In case such
lowest eligible local supplier fails to match the L1 price or accepts less than the offered
quantity, the next higher local supplier within the margin of purchase preference shall
be invited to match the L1 price for remaining quantity and so on, and contract shall
be awarded accordingly. In case some quantity is still left uncovered on local
suppliers, then such balance quantity may also be ordered on the L1 bidder.
c. In procurements of goods not covered by sub-paragraph 8-(3a) and which are not
divisible, and in procurement of services where the bid is evaluated on price alone,
the following procedure shall be followed.
i. Among all qualified bids, the lowest bid will be termed as L1. If L1 is from a local
supplier, the contract will be awarded to L1.
ii. If L1 is not from a local supplier, the lowest bidder among the local suppliers, will
be invited to match the L1 price subject to local supplier’s quoted price falling within
the margin of purchase preference, and the contract shall be awarded to such local
supplier subject to matching the L1 price.
iii. In case such lowest eligible local supplier fails to match the L1 price, the local
supplier with the next higher bid within the margin of purchase preference shall be
invited to match the L1 price and so on and contract shall be awarded accordingly. In
case none of the local suppliers within the margin of purchase preference matches the
L1 price, then the contract may be awarded to the L1 bidder.
8.4. Exemption of small purchases: Notwithstanding anything contained in paragraph
8.3. procurements where the estimated value to be procured is less than Rs. 5 lakhs
shall be exempt from this Order. However, it shall be ensured by procuring entities
that procurement is not split for the purpose of avoiding the provisions of this Order.

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8.5. Minimum local content: The minimum local content shall ordinarily be 50%. The
Nodal Ministry may prescribe a higher or lower percentage in respect of any particular
item and may also prescribe the manner of calculation of local content.
8.6. Margin of Purchase Preference: The margin of purchase preference shall be 20%.
8.7. Requirement for specification in advance: The minimum local content, the margin
of purchase preference and the procedure for preference to Make in India shall be
specified in the notice inviting tenders or other form of procurement solicitation and
shall not be varied during a particular procurement transaction.
8.8. Government E-market place: In respect of procurement through the Government E-
market place (GeM) shall, as far as possible, specifically mark the items which meet
the minimum local content while registering the item for display, and shall, wherever
feasible, make provision for automated comparison with purchase preference and
without purchase preference and for obtaining consent of the local supplier in those
cases where purchase preference is to be exercised.
8.9. Verification of local content:
a. The local supplier at the time of tender, bidding or solicitation shall be required to
provide self-certification that the item offered meets the minimum local content and
shall give details of the location(s) at which the local value addition is made.
b. In cases of procurement for a value in excess of Rs. 10 crores, the local supplier
shall be required to provide a certificate from the statutory auditor or cost auditor
of the company (in the case of companies) or from a practicing cost accountant or
practicing chartered accountant (in respect of suppliers other than companies)
giving the percentage of local content.
c. Decisions on complaints relating to implementation of this Order shall be taken by
the competent authority which is empowered to look into procurement-related
complaints relating to the procuring entity.

d. Nodal Ministries may constitute committees with internal and external experts for
independent verification of self-declarations and auditor’s/accountant’s certificates on
random basis and in the case of complaints.
e. Nodal Ministries and procuring entities may prescribe fees for such complaints.
f. False declarations will be in breach of the Code of Integrity under Rule 175(1)(i)(h)
of this General Financial Rules for which a bidder or its successors can be debarred
for up to two years as per Rule 151(iii) of the General Financial Rules along with such
other actions as may be permissible under law.
g. A supplier who has been debarred by any procuring entity for violation of this
Order shall not be eligible for preference under this Order for procurement by any
other procuring entity for the duration of the debarment. The debarment for such other
procuring entities shall take effect prospectively from the date on which it comes to
the notice of other procurement entities, in the manner prescribed under paragraph
8.9h below.
h. The Department of Expenditure shall issue suitable instructions for the effective
and smooth operation of this process, so that:
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 i. The fact and duration of debarment for violation of this Order by any procuring
entity are promptly brought to the notice of the Member-Convenor of the
Standing Committee and the Department of Expenditure through the concerned
Ministry/Department or in some other manner.

ii. On a periodical basis such cases are consolidated and a centralized list or
decentralized lists of such suppliers with the period of debarment is maintained
and displayed on website(s);
iii. In respect of procuring entities other than the one which has carried out the
debarment, the debarment takes effect prospectively from the date of uploading
on the website(s) in the such a manner that ongoing procurements are not
disrupted.
8.10. Specifications in Tenders and other procurement solicitations:
a. Every procuring entity shall ensure that the eligibility conditions in respect of
previous experience fixed in any tender or solicitation do not require proof of supply
in other countries or proof of exports.
b. Procuring entities shall endeavour to see that eligibility conditions, including on
matters like turnover, production capability and financial strength do not result in
unreasonable exclusion of local suppliers who would otherwise be eligible, beyond
what is essential for ensuring quality of creditworthiness of the supplier.
c. Procuring entities shall, within 2 months of the issue of this Order review all
existing eligibility norms and conditions with reference to sub-paragraphs ‘a’ and ‘b’
above.
d. If a Nodal Ministry is satisfied that Indian suppliers of an item are not allowed to
participate and/ or compete in procurement by any foreign government, it may, if it
deems appropriate, restrict or exclude bidders from that country from eligibility for
procurement of that item and/or other items relating to that Nodal Ministry. A copy
of every instruction or decision taken in this regard shall be sent to the Chairman of
the Standing Committee.
e. For the purpose of sub-paragraph 8.10 d above, a supplier or bidder shall be
considered to be from a country if (i) the entity is incorporated in that country, or (ii)
a majority of its shareholding or effective control of the entity is exercised from that
country; or (iii) more that 50% of the value of the item being supplied has been added
in that country. Indian suppliers shall mean those entities which meet any of these tests
with respect to India”.

9. Reverse Auction (Applicable for works tenders valued more than Rs. 50 Cr.)

9.1 Selection criteria for tender cases proposed through Reverse Auction (e-RA)
route:-
(a) In the first phase, following method of purchase through Reverse Auction shall be the
preferred method for tenders valued more than Rs. 50 Cr. in each case.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
74
 (b) The process of procurement through Reverse Auction shall be followed only in case
of tenders where there are at least three proven/likely competitive sources, prima facie
competent for execution of work.
(c) Financial Bids in single currency/parameter only shall be allowed.
(d) For cases on Zonal Railways, personal approval of the PHOD/CHOD duly vetted by
associate finance shall be required for any exception in tendering method for cases
otherwise eligible to be processed through the method of procurement detailed herein.
(e) Even for cases which do not satisfy the selection criteria as detailed above, Railways
may follow the process of Reverse Auction, as detailed herein if they so desire, with
vetting of associate finance and approval of competent authority.

9.2 Procedure for award of contracts through Reverse Auction:-

(a) The procedure discussed herein shall be fully implemented through IREPS. Any
reference to Reverse Auction in these instructions shall imply e-RA.
(b) Conduct and reporting of Reverse Auction shall be as per Annexure-2 of Chapter-4.
(c) Each tender should clearly specify essential technical and commercial parameters in a
transparent manner. No deviation to such essential Technical &Commercial
conditions shall be permitted to the vendors in the electronic bid form.

9.2.1 Technical Bid and Initial Price Offer:

(a) e-RA shall be adopted only for those cases where evaluation is on the basis of single
parameter/currency.
(b) Bidder shall be simultaneously required to electronically submit a Technical &
Commercial Bid and Initial Price Offer.
(i) Offer found eligible for award of contract/meeting eligibility criteria shall be categorised
as Qualified for Award of Contract for the purpose of e-RA.
(c) Offers not complying with essential technical & commercial requirements of the
tender shall be declared as Ineligible for award of contract.
(d) Technical & Commercial evaluation of bids shall be done by a Tender Committee, as
per extant guidelines, delegation and the estimated value of tender.
Recommendations of Tender Committee shall be considered by Tender Accepting
Authority, as per existing guidelines.
(e) Initial Price Offer of only those bidders categorised as Qualified for Award of
contract shall be opened and tabulated by system separately. Extant instructions for
electronic tabulation shall apply for tabulation of Initial Price Offer.

9.2.2 Financial Bid:

Financial Bid shall comprise of Final Price Offer obtained through Reverse Auction.
Following conditions and procedure shall be followed in selection of bidders for conduct
of Reverse Auction:

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
75
 (a) Selection of vendors for Reverse Auction for award of Contract:
Number of tenderers Number of tenders to be Remarks
Qualified for Award of selected for Reverse
contract Auction
<3 NIL* The bids disallowed from
3 to 6 3 participating in the Reverse
More than 6 50% of Vendors Auction shall be the highest
Qualified for award of bidder(s) in the tabulation of
contract (rounded off to Initial Price Offer.
next higher integer) In case the highest bidders
quote the same rate, the Initial
Price Offer received last, as
per time log of IREPS, shall
be removed first, on the
principle of last in first out, by
IREPS system itself.
Note:-
(i) * If the number of tenderers qualified for Award of Contract is less than 3, RA
shall not be done and tender may be decided on the basis of Initial Price Offer(s).
(ii) Make in India criteria: All bidders eligible for benefits under Public Procurement
(Preference to Make in India) Order – 2017, found Qualified for Award of
Contract and are within the specified range of price preference of lowest Initial
Price Bid shall be permitted to participate in the Reverse Auction, irrespective of
their interse ranking on the basis of Initial Price Bid. Such bidders shall be over
and above the number of vendors selected for Reverse Auction, as per Para 9.2.2
(a).
(b) During Reverse Auction process, bidders shall not be allowed to bid a rate higher
than the lowest Initial Price Offer.
9.2.3 Reverse Auction among bids categorized as Qualified for award of contract shall be
conducted on IREPS/Suitable Platform. Bidders shall be able to see the auction
screens.
9.2.4 After obtaining the final bids of Reverse Auction, tenders shall be finalized as per
existing policy (including Make in India Order, 2017, vide Para-8 of Chapter-4, if
applicable). All the relevant policies of Government of India at the relevant time shall
be applicable.
9.2.5 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 as
opened prior to Reverse Auction. In case of level Tender Committee which evaluated
technical & commercial bids as per Para 9.2.1(d) was higher than the level of TC
competent to consider lowest Initial Price Offer of bid Qualified for award of contract,
the higher level TC shall continue to finalise such tender cases.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
76
10. Vitiation with respect to variation in quantities:-
The aspect of vitiation of tender with respect to variation in quantities should be
checked and avoided. As a result of variations, a contract value shall be considered
“vitiated” only when, the following percentage variation in contract value between
tenderers are noticed to have been exceeded.
SN Value of contract Percentage difference between present
Contractor and new L-1 as a result of
variation (percentage shall be calculated
with base as the revised contract
quantities multiplied by the rates of the
present contractor)
1 Small value contracts (Tender 1
Value less than Rs. 50 lakh) 0
2 Other than small value contracts 5
(Tender Value equal to or more than
Rs. 50 lakh)

10.1 When the percentage difference between present Contractor and new L-1 is noticed
as becoming beyond the values specified above, the following action shall be taken.
The Railway administration should immediately examine whether it is practicable to
bring in a new agency to carry out the extra quantity of work keeping in view the
progress of the work in accordance with the original contract and the nature and the
lay-out of the work. If it is found that there will be no serious practical difficulty in
meeting the additional quantity of work done by another agency, then fresh tenders
for the extra quantity may be invited otherwise negotiating the rate with the existing
contractor for arriving at a reasonable rate for the additional quantities of work, may
be adopted.
10.2 The above shall be regulated as under: -
a) The case shall be decided by the tender accepting authority competent for the revised
quantity) and shall not be treated as a case of single tender. The provisions of Railway
Board letter No. 2007/CE.I/CT/18/Pt. XII dated 31.12.2010 hereby gets suspended.
b) These instructions will be similarly applicable to earning contracts with H-1, H-2
substituted for L-1, L-2 and so on.
c) Executives while executing the work shall make all efforts to ensure that no vitiation
takes place in normal circumstances. Vitiation should be an exception rather than a
routine affair. Efforts should be made to invite bids on the basis of percentage
above/below/at par.
d) Vitiations should always be computed with respect to the items, rates, quantities and
conditions as available at the time of Tender Opening and subsequent
changes/additions by way of new items will not be counted for computing vitiation.
(Ref: RB letter No. 2017/Trans/01/Policy dated 08.02.2018)
11. For evaluation of change in interse position/ vitiation, comparison will be made
amongst the eligible tenderers quoted for the work.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
77
12. Special Conditions for Issue of Identity Cards by Contractors

(i) The contractor is bound to issue identity card to each and every person employed
by him and deployed for execution of the contract work as per the prescribed format
provided in the tender document at his cost. Failure on the part of the contractor to
issue identity cards to their employees will be treated as breach of contract
conditions and therefore will be dealt as per clause No-62(VII) of GCC.

(ii) It is mandatory on the part of every employee, deployed by the contractors to keep
in his possession, the identity card, issued by the contractor throughout the
execution of the work. Failure to possess such identity will be treated as
unauthorized presence in the Railway premises; such persons shall be liable for
prosecution as per law.

(iii) It is mandatory for the contractor to submit the list of the employees issued with the
identity cards and deployed for execution of the particular; contract to the Railway's
Engineer at site before commencement of the work and also for any subsequent
changes made during the execution of the work.

(iv) No claims whatsoever arising out of implementation of special conditions

pertaining to issue of identity cards shall be admissible.

Format of Identity Card

Identity Card Sr. No:

Date of issue:
Contract Agreement No.:
Name of the contractor & Address:
Particulars:
1. Name of the employee :
2. Date of Birth/Age :
3. Personal Identification Mark :
4. Permanent Address :

(Signature of Contractor)(Signature/Thumb Impression of employee)

(Person who signed original
Tender document or contract Agreement)

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
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13. Measurement and Recording of “Executed Works” by the Contractor in Railway
Construction works:
Para-E.1316A of Engineering code (Applicable for contracts wherein the
measurement of work by contractor is permitted): Para 1316 of Engineering Code
shall not be applicable for these contracts. For such contracts, contractor shall be
responsible for carrying out measurements of work executed and recording of
measurements for the release of on account/final payment. In such cases, the detailed
procedure for recording of measurements, provisional payment, test check and final
payment shall be as follows:
Contractor's Measurement Book:
13. 1. Railway shall arrange contractor's measurement book (CMB), each having sheet No,
1A to 4A (Form E 1313) (Annexure-3 to 6 of Chapter-4), followed by 100 machine
number pages (Form E 1313, sheet No. 5A) (Annexure-7 of Chapter-4). On the top
of each sheet of CMB, there shall be provision for recording the name of the work,
agreement number, name of contractor and CMB number.
13. 2. CMBs shall be printed in such a way so as to keep a clear margin of 50 mm on the left
side of page, Further, the left side shall have pinhole tear line at a distance of 15 mm
from edge for ease of taking out sheets from these books. The binding shall be within
15mm of the margin available between edge and pinhole tear line. This shall ensure
availability of minimum 35 mm clear margin to re-bind measurement books later on.
Movement and upkeep of Contractor's Measurement Book:
13.3. Dy Chief Engineer in charge of contract (Dy CE/C) shall hand over required No. of
CMBs to Assistant/Executive Engineer in-charge of contract (AEN/XEN) after taking
receipt of the same on sheet No. 2A (Form E.1313) (Annexure-4 of Chapter-4) for
further issuance to contractor time to time as per progress of work.
13.4. CMB shall be registered with unique No. in the Register of Measurement Books (Form
E.1314) maintained In the office of Dy CE/C. Separate accountal of CMBs for each
agreement shall be maintained in the office of Dy CE/C and AEN/XEN.
13.5. In case of change of 'contractor's authorized engineer', fresh approval shall be taken
from Dy. CE/C before recording of measurement.
13.6. While issuing the CMB to contractor, AEN/XEN shall take out sheet No. 2A to 4A
(Annexure-3 to 5 of Chapter-4) from the CMB, take receipt of CMB from contractor
on sheet No. 3A (Form E.1313) (Annexure-5 of Chapter-4), and keep the same in
safe custody.
13. 7. Similar system as for CMB, shall be followed for issuing Field Book/Level Book
(E.1317/A) to contractor for recording of levels in the field book/level book.
Measurement
13.8. The contractor's authorized engineer shall record the measurements in CMB neatly in
his own handwriting, without any use of eraser/overwriting, without use of any typing
fluid or any such thing. All cuttings shall be initialed. No page shall be
damaged/destroyed. No page shall be kept blank in between the measurements.

13.9. The Contractor shall communicate the date of measurement to AEN/XEN in sufficient
advance' to witness any measurement. Witnessing of measurement by railways is not
compulsory except for initial levels in case of earthwork and hidden measurements.
Initial levels of earthwork and hidden measurements are to be recorded in the presence
of railway officials and test checked as prescribed.
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
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13.10. In on account contract certificate, measurement shall be recorded for the items and
quantities to be paid in the concerned on account contract certificate.
13.11. However, in every 4th on account contract certificate and final contract certificate, the
recording of measurement for works executed shall include all the items and their
quantity included in previous on account contract certificates, irrespective of whether
to be paid or not in the current On Account Contract Certificate/Final Contract
Certificate.

13.12. No payment shall be processed on Lump sum measurement taken by contractor's

authorized engineer except for earthwork. For earthwork, every 4th bill shall be based
on actual levels taken and detailed calculations carried out for the work done.

13.13. The contractor shall take out carefully from CMB the used pages of CMB with one
extra blank page for processing the bill; staple them for submission to AEN/XEN
along with bill, duly signing the measurements. The contractor shall keep a photocopy
of the measurements with him for future reference.

13. 14. At the time of submission of final bill, the contractor shall submit all the remaining
CMBs (unused as well as partially used) with him along with bill to AEN/XEN.

13. 15. The contractor shall submit required copies of invoice and on account contract
certificate/ final contract certificate (similar to form E.1337 and E.1338) to the
AEN/XEN duly marking them - original or copy. Original shall he used for release of
payment whereas duplicate copies shall be used for record purpose in different offices.

13.16. In case contractor requires provisional payment of on-account bill; the contractor shall
submit his invoice and provisional on account contract certificate for 75% of amount
of work done (before deduction of taxes). The contractor shall write 'For Provisional
payment ‘on top of such on-account contract certificate.

13.17. AEN/XEN while issuing receipt of stapled sheets of CMB to contractor shall clearly
record the same in sheet 4 (E.1314) of concerned CMB, kept in the office of
AEN/XEN.

Release of Provisional Payment

13.18. Senior Section Engineer / 'Junior Engineer with 5-year experience' (SSE/JE) and
AEN/XEN shall sign & record a certificate on the original provisional 'on account
contract certificate' as under:

"Certified that the payment being made is less than the amount due for the quantities
of works executed by the contractor".

In case of payment of earthwork items in any contract, calculation of quantity of such

items along with field book /level book must be enclosed. This shall be cross checked,
as considered appropriate by SSE/JE & AEN/XEN, to ensure that no excess payment
is being made. At this stage no test check of measurements by railway is required.

13.19. AEN/XEN shall keep a copy of contractor's invoice & provisional on account contract
certificate in his office, and submit original invoice & original provisional on account
contract certificate along with required number of duplicate copies, and used sheets
of CMB to the Dy CE/C unit for passing the bill and release of payment.
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
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 13.20. The provisional on account contract certificate shall be passed by Dy CE/C and
payment shall be released by associate based on above certification of SSE/JE and
AEN/XEN. After release of payment, blank sheet of CMB (if any) shall be crossed
by Dy CE/C before sending the measurement sheets back to AEN/XEN for carrying
out required test checks. At this stage measurements shall not be crossed.

13.21. No provisional payment shall be allowed in final contract certificate, Further, once
provisional payment has been released in any on-account contract certificate, the next
on account contract certificate can be raised by contractor only when accounts of
previous on account certificate (Provisional as well as remaining payment) has been
finalized,

Test Check

13.22. Necessary test checks shall be carried out by the SSE/JE and AEN/XEN for the works
done before full payment of on-account contract certificate/final contract certificate,
SSE/JE and AEN/XEN shall communicate the date of test checks to contractor in
advance. The contractor can accompany during test check. The contractor shall
provide support staff and all required tools& plants to facilitate test check by railway
officials.
13.23. The stipulated test checks for AEN/XEN and SSE/JE Level is tabulated as under:

SN Description of works Test Check in terms of % of value by

SSE/JE AEN/XEN
(a) Measurement of Ballast, pitching stone, Earth 100% 100%
work and hidden items.
(b) Measurement of all other items. 100% 20%
(c) Initial and Final levels along centre line for 100% 100%
earthwork in embankment and cutting.
(d) Intermittent levels along centre line for 100% 20%
earthwork in embankment and cutting.
(e) Initial, intermittent and final levels except 100% 20%
centre line for earth work in embankment and
cutting.

Note: The check regarding levels of earthwork invariably shall be carried out in cross
sections having heavy cross slopes.
13. 24. Contractor's recorded measurement sheets shall be checked for any corrections/over
writing during test check. All the corrections/over writing shall be initialed by.
SSE/JE.
13. 25. The discrepancy noted (if any) during test check of recorded measurement shall be
communicated by AEN/XEN to the contractor.
13. 26. In case of discrepancy noticed during test check, the contractor shall submit original
and required copies of fresh invoice of amount corrected for discrepancy, and in case
provisional payment has been released earlier, the required copies of fresh invoice of
remaining amount corrected for discrepancy (if any), along with on account/final
contract certificate to AEN/XEN.
Full payment of On Account Contract Certificate/Final Contract Certificate
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West Central Railway, Jabalpur.
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13. 27. AEN/XEN shall submit original copy of invoice and on account contract certificate
of remaining amount/ Final Contract along with required number of duplicate copies
and used sheets of CMBs (all used/blank CMBs in case of final contract certificate),
duly signed by SSE/JE and AEN/XEN to the Dy CE/C for passing the bill and release
of payment.
13.28. Once the payment is released, Dy CE/C shall return back the used sheets of CMB to
AEN/XEN for safe custody. duly crossing of measurements by finance officer.
13.29. Once all used of a particular CME is received back by AEN/XEN from Dy CE/C, the
AEN/XEN shall re-bind all 100 pages of CMB along with sheet No. 1A to 4A
(Annexure-3 to 6 of Chapter-4) for submission of CMB to Dy CE/C office. Dy CE/C
office shall record the receipt of same in sheet No. 2A of CMB (Annexure-4 of
Chapter-4) and Register of Measurement Books (Form E1314).
13.30. The final contract certificate shall be passed by Dy CE/C only receipt of all CMBs
(used/blank) from AEN/XEN.
13.31. The provisions of this para 1316A shall be applicable to all the departments of Indian
railways and to be executed through equivalent authorities of respective departments.

******

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
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 Annexure-1 of Chapter-4

Request Letter from Executive Branch to Accounts Office for opening of LC

Office of -----
West Central Railway
No.
Dated

The PFA/Sr. DFM/Dy. FA

HQ/Division/Workshop/Cost

Sub: Opening of LC
Ref: Contract Agreement No.

It is requested to open a sight LC against the above referred Order/Agreement in

favour of . The details of beneficiary are as under:
(i) Name of Contractor
(ii) Vendor Code
(iii) Address
(iv) Tender No.
(v) Contract Agreement No.
(vi) Description of Goods/Service
(vii) Value of Contract
(viii) Stages of payment
(ix) Expected payment within 6 months (LC Amount)
(x) Beneficiary bank details
(a) Bank name
(b) Address
(c) Account No.
(d) IFSC Code
(xi) Validity/Period for which LC is to be opened.
It is certified that the supplier/contractor has exercised the option of taking payment due
against the tender through LC arrangement in IREPS portal at the time of bidding itself
and the option has been flagged in the IREPS. This hasthe approval of .

(Signature)
Name:
Designation:
(Official Seal)

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
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 Annexure-2 of Chapter-4

Procedure for Conduct and Reporting of Reverse Auction

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 to e- procurement.

2) Depending upon the nature of item/work and complexity of case on hand,

following 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 e qual to auto extension period from the time of last bid. There
shall be no upper limit on number of auto extensions. When no offer 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 tenderers by the
convener (through IREPS portal) 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
specifiedby the tendering authority before starting of reverse auction. Starting point
for reverse auction shall be the lowest Initial Price Bid of the tenderer eligible for
award of contract.
7) After close of the e-RA, tabulation of last (minimum) bids received from all the
renderers will be generated and made visible to Railways and Participating
tenderers.
8) Railway users can also view the bidding history in chronological order.
9) Bidders not be allowed to withdraw their last offer.
10) L-1 will be defined as lowest bid obtained after closure of e-RA session for tenders.

Note:- The bidders may take help of “User Manual for Contractors for 2 stage Reverse
auction” available on IREPS portal in learning center  E-tender(works)
******

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
84
 Annexure-3 of Chapter-4
(Sheet 1A)

Railway……………………….
CMB No………………………
C0NTRACTOR’S MEASUREMENT BOOK

Department ………………………………………………………………………..........

Division/Construction Unit………………………………………………………...........

Name of Work…………………………………………………………………….........

Agreement No……………………………………………………………………..........

Name of Agency…………………………………………………………………..........

Name to whom Issued…………………………………………………………............

Designation……………………………………………………………………….........

Date of Issue……………………………………………………………………….......

Date of return……………………………………………………………………..........

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
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 Annexure-4 of Chapter-4
(Sheet 2A)

CMB No……………………..
C0NTRACTOR’S MEASUREMENT BOOK

Department………………………………………………………………………………

Division/ConstructionUnit…………………………………………………………….....

Name of Work………………………………………………………………………………

Agreement No………………………………………………………………………………

Name of Agency……………………………………………………………………

Issued to……………………………………………………………………………

……………………… on……………………

Received by…………………………………………………………………………………

..............……….......

Date of first entry……………………………

Date of last entry…………………………….

Signature……………………………….
Date…………………

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
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 Annexure-5 of Chapter-4
Railway………………………………..
CMB No………………………………
C0NTRACTOR’S MEASUREMENT BOOK
Name of work……………………………………………………………………………………

Agreement No …………………………………………………………………………………

Name of Agency…………………………………………………………………………………

Issued to …………………………………………………………………………………………
(Contractor’s name)
…………………………… on…………………….........
(Station) (date)

Certified that this Measurement Book contains 100 machine numbered pages from…………
to……………(both pages inclusive) which have been counted by me and are correct. No
sheet in torn.

I understand that the measurement book is very important document and hence I shall ensureits
proper upkeep and safe custody.

Received by……………………………………………………………………………………………
(Signature of contractor)
………………… ………………......... ...…………………
(Name) (Station) (date)

Date of first entry………………………………

Date of last entry…………………………….....

Certified that this Contractor’s Measurement Book pages returned by contractor have been
counted by me and are correct. The details of pages received by me is as under:

S. No. On Account Bill Page No. No of Date of receipt in Sign &

No. From ...... To Pages AEN/XEN Office Designation of
Railway Official
1
2
3
4
5
6
7
(Sheet 3A)

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
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 Annexure-6 of Chapter-4
(Sheet 4A)
Railway………………………………..
CMB No………………………………

C0NTRACTOR’S MEASUREMENT BOOK

Name of work……………………………………………………………………………………

Agreement No …………………………………………………………………………………

Name of Agency…………………………………………………………………………………

INDEX OF M.B

S. No. Particulars of Agreement or Page Remarks

Entries Work order ref. From To
running
or final

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
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 Annexure-7 of Chapter-4
(Sheet 5A)

Railway……………………………….. Space for Machine numbering

CMB No……………………………… with six digits unique number
Division/Construction Unit ******

C0NTRACTOR’S MEASUREMENT BOOK

Name of work…………………………………………………………………………………………

Agreement No …………………………………………………………………………………………

Name of Agency………………………………………………………………………………………

INDEX OF M.B
Particulars No L B D Contents

*****

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
89
 CHAPTER-5

WEST CENTRAL RAILWAY CONSTRUCTION ORGANISATION

CONTRACTOR’S FAMILARIZATION

I/We hereby solemnly declare that I/we have visited the site of above work and have
familiarized myself/ourselves of the working conditions there in all respects and in particular the
following:

1. Topography of the area and existing Road network (high ways & Village, Pucca & Kacha)
and availability of Service Roads,
2. Soil Conditions at the site of the work.
3. Sources and availability of construction material.
4. Rates for Construction materials.
5. Availability of local labour, both skilled and unskilled and the prevailing labour rates.
6. Availability of Water and Electricity.
7. Availability of space for putting up labour camps, offices Store Godowns, Engineering
yards etc.

******

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
90
 CHAPTER-6
WEST CENTRAL RAILWAY CONSTRUCTION ORGANISATION

ANNEXURES –A to R
1. ANNEXURE – A: FORMAT FOR CERTIFICATE TO BE SUBMITTED /
UPLOADED BY TENDERER ALONGWITH THE
TENDER DOCUMENTS
2. ANNEXURE – A1: FORMAT FOR CERTIFICATE TO BE SUBMITTED /
UPLOADED BY ATTORNEY/AUTHORISED
SIGNATORY/EACH MEMBER OF PARTNERSHIP
FIRM/JOINT VENTURE(JV)/HINDU UNDIVIDED
FAMILY (HUF)/LIMITED LIABILITY PARTNERSHIP
(LLP) ETC. ALONGWITH THE TENDER
DOCUMENTS
3. ANNEXURE – B: COMPLIANCE OF FINANCIAL ELIGIBILITY CRITERIA
BY THE TENDERER REGARDING CONTRACTUAL
PAYMENT RECEIVED
4. ANNEXURE – C: HISTORY SHEET OF THE TENDERER
5. ANNEXURE – D: DETAILS OF CONSTRUCTION MACHINERIES,
TOOLS & PLANTS, VEHICLES ETC
6. ANNEXURE – E: DETAILS OF TECHNICAL AND OTHER
PERSONNELS AVAILABLE ON HAND &
PROPOSED TO BE ENGAGED IN WORK
7. ANNEXURE – F & F1: DETAILS OF SIMILAR NATURE OF WORKS
COMPLETED/SUBSTANTIALLY COMPLETED DURING
LAST SEVEN (07) YEARS
8. ANNEXURE – G & COMPLIANCE OF ELIGIBILITY CRITERIA BY THE
G1 : TENDERER REGARDING BID CAPACITY
9. ANNEXURE – H: DECLARATION REGARDING ASSOCIATION OF
RAILWAY OFFICER(S) WITH TENDERER(S)
10. ANNEXURE – I: LIST OF COURT CASES DURING LAST 3 YEARS
11. ANNEXURE – J: LIST OF ARBITRATION CASES DURING LAST 3 YEARS

12. ANNEXURE – K: BROAD PLAN OF EXECUTION OF THIS WORK WITHIN

THE STIPULATED COMPLETION PERIOD
13. ANNEXURE – L: FORMAT OF MOU FOR JOINT VENTURE
PARTICIPATION
14. ANNEXURE – M: FORMAT OF JOINT VENTURE AGREEMENT FOR JOINT
VENTURE PARTICIPATION
15. ANNEXURE – N: DETAILS OF O THE R CR E DE NT I AL S/ FACILITIES
AVAILABLE WITH THE FIRM/CONTRACTOR
16. ANNEXURE – O: MANDATE FORM OF EFT
17. ANNEXURE – P: DOCUMENT OF AUTHORISATION
18. ANNEXURE – Q: SPECIMEN FORMAT FOR BANK GUARANTEE FOR BID
SECURITY
19. ANNEXURE – R: SPECIMEN FORMAT FOR BANK GUARANTEE FOR
PERFORMANCE GUARANTEE

*****

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
91
 ANNEXURE-A
FORMAT FOR CERTIFICATE TO BE SUBMITTED / UPLOADED BY TENDERER
ALONGWITH THE TENDER DOCUMENTS
I……………………………… (Name and designation)** appointed as the
attorney/authorized signatory of the tenderer ,

M/s (hereinafter called the tenderer) for the purpose of the

Tender documents for the work of as per the tender
No. of (Railway)**, do hereby solemnly affirm and state on the behalf of
the tenderer including its constituents as under:

1. I/we the tenderer (s) am/are signing this document after carefully reading the contents.

2. I/We the tenderer(s) also accept all the conditions of the tender and have signed all the pages in
confirmation thereof.

3. I/we hereby declare that I/we have downloaded the tender documents from Indian Railway
website [Link] . 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 alongwith the offer and same shall be binding upon
me/us.

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

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

8. I/we understand that if the contents of the certificate submitted by us are found to be
forged/false at any time during process for evaluation of tenders, it shall lead to forfeiture of
the tender Bid Security and may also lead to any other action provided in the contract including
banning of business for a period of upto two years. 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
aperiod of up to two years.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
92
10. I/We have read the clause regarding restriction on procurement from a bidder of a country
which shares a land border with India and certify that I am/We are not from such a country or,
if from such a country, have been registered with the competent Authority. I/We hereby certify
that I/we fulfil all the requirements in this regard and am/are eligible to be considered
(evidence of valid registration by the competent authority is enclosed)

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

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
93
 ANNEXURE-A1
(This certificate is to be given by attorney/authorized signatory/ each member of Partnership
firm/ Joint Venture (JV)/ Hindu Undivided Family (HUF)/ Limited Liability Partnership
(LLP) etc.)

I/We ............................................... (Name), attorney/authorised signatory of the

....................... (constituent firm/constituent partner) and member/partner of the
.................................................... (tendering firm) hereby solemnly affirm and state as under:

1. I/we certify that .............................. (constituent firm/constituent partner) is /are not

blacklisted or debarred by Railways or any other Ministry/ Department of Govt. of India from
participation in tender on the date of submission of bids, either in individual capacity or as a
HUF/ member of the partnership firm/LLP/JV/Society/Trust.

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

SEAL AND SIGNATURE

OF THE CONSTITUENT FIRM/CONSTITUENT PARTNER
Place:
Dated:

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
94
 ANNEXURE-B
Compliance of Financial Eligibility Criteria by the Tenderer regarding Contractual
Payments received during the qualifying period (Reference-Para 10.2 & 17.15.2 of Tender
Form (Second Sheet) of Annexure-I.

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

NAME OF BIDDER/JV PARTNER:
Annual Contractual Turnover Data for the Previous 3/4 Years
(Contractual Payment only)
Year Amount Exchange Indian National
Currency Rate Rupees
Equivalent

Average Annual Contractual Turnover for last 3 years

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

SEAL AND SIGNATURE OF THE BIDDER

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

(Signature of Chartered Accountant)

Name of CA:
Registration No:
(Seal)

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
95
 ANNEXURE -C
HISTORY SHEET OF THE TENDERER

i) Name of the Company :

ii) Address of Registered Office :

Phone:

Fax:

iii) Constitution of the Company :

a) Ownership particulars whether Sole Proprietary Firm/ :

HUF/Partnership firm/Joint Venture (JV)/Company
registered under Company Act-2013/ Limited Liability
Partnership Firm registered under LLP Act-2008,/
Registered Society/ Registered Trust or any other type
duly supported by the documents such as Partnership
Deed, Power of Attorney, PAN Card, Memorandum of
Articles/Articles of Association, Authorisation,
Certificate of Incorporation, Certificate of Registration,
Deem of Formation, JV related documents etc. as
applicable as per tender condition.

b) Name and address of collaborator(s) :

c) Nature of participation by collaborator(s) in share holding :

of the Company

d) Extent and nature of proposed participation by :

collaborator(s) in execution of this work

iv) Number of years the firm has been in operation in India :

under its present

v) Any Other information

Signature of tenderer
Along with Seal
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
96
 ANNEXURE – D
DETAILS OF CONSTRUCTION MACHINERIES, TOOLS & PLANTS, VEHICLES ETC.
(AVAILABLE ON HAND AND PROPOSED TO BE UTILIZED IN WORK)
Sl. Descriptionof Number Date of Date of Make How Condition of Where the
No. equipments available purchase manufacture driven the equipment
(Owned/hired) (i.e) equipment can be
Petrol/ inspected
Diesel
/Electrical
1 2 3 4 5 6 7 8 9

Signature of tenderer
Along with Seal

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
97
 ANNEXURE – E
DETAILS OF TECHNICAL AND OTHER PERSONNELS AVAILABLE ON HAND AND
PROPOSED TO BE ENGAGED IN WORK

Sl Name Age Technical Position Commencement Total Emoluments

qualification(s) with the of present experience
tenderer employment

1 2 3 4 5 6 7 8

Signature of tenderer
Along with Seal

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
98
 ANNEXURE – F

Details of Similar Nature of Works Completed/Substantially completed During last

Seven (07)Years

SN Particulars Work-1 Work-2 Work-3 Work-4

1 Name of Work

2 Date of Award of Contract

3 Contract Agreement No

4 Name & Address of Client/Department

5 Original Value of Agreement (Rs.)

6 Final/Latest revised value of Contract (Rs.)

7 Original/Extended Date of Completion

8 Actual Date of Completion for completed

work
9 Gross Payment Received (Including PVC) till
last day of month previous to the one in which
present tender notice published on IREPS
website [Rs.]
10 Gross Payment Received (Excluding PVC)
for substantially completed work till last
day of month previous to the one in which
present tender notice published on IREPS
website [Rs.]
11 Scope of Work and main Features ofContract

12 Remarks

Date: Signature of Tenderer/s with seal

Above detail should be given only for Similar Nature of Works as defined in Tender Document
and which have been Physically Completed or Substantially completed in all respects before last
day of the month previous to the one in which tender is invited. Part Completed Work shall not
be considered.
 Substantially Completed Work means an ongoing work in which payment equal to or more
than 90% of the present contract value (excluding the payment made for adjustment of Price
variation (PVC), if any) has been made to the contractor in that ongoing contract and no
proceedings of termination of contract on Contractor’s default has been initiated. The credential
certificate in this regard should have been issued not prior to 60 days of date of invitation of
present tender.
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
99
 For Technical Eligibility Criteria, In case of completed work, the value of final bill (gross
amount) including the PVC amount (if paid) shall be considered as the completion cost of work.
In case final bill is pending, only the total gross amount already paid including the PVC amount
(if paid) shall be considered as the completion cost of work.
In case of substantially completed work, the total gross amount already paid including the PVC
amount (if paid), as mentioned in the certificate, shall be considered as the cost of substantially
completed work.
Note:
(i) 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.
(ii) Certificate from Private individual for whom such works are executed shall not be
Considered for eligibility of tenderers. However, in addition to work experience
certificate issued by any Govt. Organisation, work experience certificate issued by
Public listed company having average annual turnover of Rs 500 crore and above in
last 3 financial years excluding the current financial year, listed on national Stock
Exchange or Bombay Stock Exchange, incorporated/registered at least 05 years prior
to the date of opening of tender, shall also be considered provided the work experience
certificate has been issued by a person authorized by the Public listed company to issue
such certificates.
Following documents regarding the Public listed company shall also be submitted
along with the certificate (Mandatory)

(a) Details of Average Annual turnover of the public listed company in last three
financial years excluding current financial year (should be 500 Cr and above)
issued by Chartered Accountant.
(b) The copy of the documents regarding listing in the National stock exchange or
Bombay stock exchange with details of status of listing as on date of opening of
tender.
(c) The copy of the document of incorporation/ registration of the Public listed
company (should be at least 5 years prior to date of opening of tender).
(d) The copy of document regarding Person Authorized by the Public listed
Company to issuesuch certificate.
(e) 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 a copy of final/last bill paid by the public listed company in
support of above work experience certificate.

(iii) The list of works as mentioned in the above table supported with documentary
proof ( Work Completion/Experience Certificate issued by the organizations for
whom the work was carried out) shall only be considered for evaluating the
Technical Eligibility Criteria. In case of JV, all the members should attach copy of
completion certificate issued by the organizations for whom the work was carried out.
Non-compliance with this condition is liable to result in the tender being rejected.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
100
 ANNEXURE -F-1
Details of Similar Nature Works Completed or Substantially completed During last Seven (07)
Years in case of tender having composite nature of work (bifurcated as per the components of tender
schedule) to be submitted along with Annexure– F

S. Name of S.N. of Payment received Amount received in %

Description of
work under Annexure F, under these age under these
No. components/
which where other components till components w.r.t
component as per estimated cost of
tender schedule, components details of this ending last day of
(mentioned work month previous to components mentioned in
executed in tender document.
in column-2) mentioned the one in which
different contracts
executed tender notice
published on IREPS
website

1 2 3 4 5 6

All components (A ,B,C,D,E, ---) executed in single contract

1

More than onecomponent executed in single contract

1

Only one component executed in single contract

1

Date: Signature of Tenderer/s

Along with Seal

Note: -
(i) Component wise details mentioned above for the similar nature of work defined for
the various components in the Tender (para 10.1(b)(1-3) of Tender document Chapter-
2, Annexure-1 Tender form (Second sheet)), should be supported with documentary
proof i . e Work Completion/Experience Certificate issued by the organizations for
whom the work was carried out.
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
101
 (ii) For col 5 - The total gross amount already paid for the components of the work
including the PVC amount (if paid) shall be mentioned.

(iii) Only those works will be treated as composite works which consist of more than one
distinct component of work such as Civil Engg. Works, S&T work, Electrical work,
OHE work etc. and there is separate schedule for each such distinct components in the
tender documents.

Format given above is for guidance only. Any certificate, containing complete/relevant required information
as asked for in other format, shall be considered.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
102
 ANNEXURE – G
Compliance of Eligibility criteria by the Tenderer regarding Bid Capacity for the tenders
having advertised value more than Rs. 20 Crore.

1. Name and style of the Tenderer with address (present tenderer)

2. The available bid capacity calculated is as under:
Available Bid Capacity = [A x N x 2] – 0.33 x N x B
Where
A = Rs. (i.e. Maximum value of construction works executed and
payment received in any one financial year during the current and last three financial years
immediately preceding the current financial year, up to date of opening of tender, taking into
account the completed as well as works in progress.)
N= Years (i.e. Number of years prescribed for completion of work for which bids has
been invited.)
B = Rs. (i.e. 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)
Bid Capacity = Rs.
3. Details of the Chartered Accountant verifying the Bid Capacity.
(i) Name :-
(ii) Address:-
(iii) Phone No:-
(iv) Fax No:-
(v) e-mail ID:-
4. Declaration by the tenderer: I hereby declare that the information given above are true. If any of
the information given above is found to be wrong at any time, my tender will liable to be rejected.

Signature of the Tenderer Verified and signed

Details of Tenderer along with seal Details of Chartered Accountant along with seal

Note:-
(a) The Tenderer(s) shall furnish the details of -
(i) Maximum value of construction works executed and payment received in any one of
the previous three financial years or the current financial year (up to date of inviting
tender) for calculating A, and
(ii) Existing commitments and balance amount of ongoing works with tenderer as per
the prescribed proforma of Railway for statement of all works in progress and also
the works which are awarded to tenderer but yet not started 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.
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
103
(b) In case if a bidder is JV, the tenderer(s) must furnish the details of
(i) Maximum value of construction works executed and payment received in any one
of the previous three financial years or the current financial year (up to date of
inviting tender) by each member of JV for calculating A, and
(ii) Existing commitments and balance amount of ongoing works with each member of
JV either in individual capacity or as a member of other JV as per the prescribed
proforma of Railway for statement of all works in progress and also the works
which are awarded to each member of JV either in individual capacity or as a
member of other JV but yet not started 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) The available bid capacity of tenderer shall be assessed based on the details submitted by
the tenderer as per Annexure-B & Annexure-G1, Chapter-6 of Tender Document which
should be duly signed by tenderer(s) and verified by Chartered Accountant. 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.
For Maximum value of construction works executed and payment received in any one
financial year i.e. Value-“A” considered for calculation of available Bid capacity shall be
duly certified by CA supported with audited balance sheet and in case balance sheet is yet
to be prepared /audited than it shall be supported by Form-16A issued by client (duly
certified by CA) and/or payment received under relevant section for contractual payment
of Form-26AS generated through TRACES of Income Tax Department (duly certified by
CA). Value of “A” not supported by duly certified audited balance sheet/Form-
16A/Form-26AS by Chartered Accountant will not be considered for Bid capacity
calculation.
(f) In case, the tenderer/s failed to submit the above statements along with offer, their/his offer
shall be considered as incomplete and will be rejected summarily.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
104
 ANNEXURE-G1

Compliance of Eligibility criteria by the Tenderer regarding Current Commitment and

Balance Amount of ongoing works for the tenders having advertised value more than Rs. 20
Crore.
(for calculating “B” as per the Bid Capacity formula)

Tenderers and each partner of the JV should provide information on their current commitments and
balance amount of ongoing work up to the date of inviting of present tender including works which
are awarded to tenderer but not yet started up to the date of inviting of present tender and for contracts
approaching completion, but for which an unqualified full completion certificate is yet to be issued.

Date of publishing tender notice of

Name & Address of the Employer

Date of Completion (Original or

Present work on IREPS website

Balance Period for Completion of

Latest value of Contract (Rs.)

Contract to be executed in
LOA/Contract No. & Date

Date of Award of Contract

the Work in Years = (g-i)/365

extended date) of Work

“ N” Years** (Rs.)
Proportionate Amount of
Value of the Balance Work
as on Date of publishing of

Tender on IREPS website

/Tel./Fax /E-mail
Name of Work

tender notice of present

SN

a b c d e f g h i j k

“Certified that current commitments as on date of publishing of Tender notice of present tender on
IREPS website for all the contracts that have been awarded or for which a Letter of Acceptance has been
received or for the works in progress approaching completion, value of outstanding work and the balance
completion period has been indicated in the above table correctly. It is further certified that if later on
the Railway discovers that information provided in the table is incorrect then the Railway will treat our
bid invalid and it will be liable for rejection.”

Signature of the Tenderer Verified and signed

Details of Tenderer along with seal Details of Chartered Accountant along with seal

1. The above statement should be submitted by the tenderer(s) duly signed by him and verified by Chartered Accountant. In
case, the tenderer/s failed to submit the above statements along with offer, their/his offer shall be considered as
incomplete and will be rejected summarily.
2. In case of JV, the tenderer(s) must furnish the details of each member of JV separately.
3. The tenderer(s) may submit any additional information in the above subject, if they desire so.
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
105
Note:
(1) “N” = No. of Years prescribed for completion of work in the Present Tender.
(2) ** In case, the balance period for completion of the work [assessed in column (j)] is less than the period
of completion of work in the Present Tender (N), full value of balance work as contained in column (h)
shall be taken in column (k).
(3) ** In case, the balance period for completion of the work [assessed in column (j)] is more than the period
of completion of work in the Present Tender (N), the proportionate amount to be filled in column (k)
and shall be calculated as:
= [Value of balance work as on date of publishing tender notice on IREPS website i.e. value in column
(h) x N (in years)] / [Balance period for completion (in years) i.e. value in column-j]
(4) Data should be submitted for Railway Contracts as well as all other Non-Railway contracts and all other
Commitments in hand as on the date of publishing tender notice of present tender on IREPS website.
(5) In col-f ,the Latest value of contract shall be the value of original contract or last sanctioned subsidiary
/supplementary agreement/variation ( if any).

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
106
 ANNEXURE-H
DECLARATION REGARDING ASSOCIATION OF RAILWAY OFFICER(S) WITH TENDERER(S)

(i) Information and particulars regarding working /retired Railway Engineer (s)/ Officer(s) of Gazetted rank
as proprietor of proprietary firm.

[Link]. Name of retired Gazetted Officer / Date of Particulars of permission

Engineer with designation & place of Retirement taken for associating with
posting at the time of retirement the tenderer (wherever
applicable)
1.

2.

(ii) Information and particulars regarding retired Railway Engineer (s)/ Officer(s) of the Gazetted rank being
one of the partner/members in the partnership Firm/ Joint venture/registered Society/ registeredfirm/ LLP
etc.

Sr. No. Name of retired Gazetted Officer / Date of Retirement Particulars of permission
Engineer with designation & place taken for associating with
of posting at the time of retirement the tenderer (wherever
applicable)
1.

2.

(iii) Information and particulars regarding retired Railway Engineer (s)/ Officer(s) of the Gazettedrank being
director in the company.

Sr No. Name of retired Gazetted Officer / Date of Retirement Particulars of permission

Engineer with designation & place taken for associating with
of posting at the time of retirement the tenderer (wherever
applicable)
1.

2.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
107
(iv) Information in terms of tender document para-16(c) of Chapter-2 regarding Relative(s) employed in
Gazetted capacity on the Railway:

Sr. No. Name of the relative who is employed in Gazetted Relation

capacity in Engineering or any other department of the
Railway with Designation
1.

2.

The information under Item(iv) is to be submitted by the tenderer, 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.

Signature of tenderer
Along with Seal

Note:- 1. Details as per the above format shall be furnished by the tenderer. The format should not be left blank.
In case of there being no such retired Gazetted Railway Officer/ Engineer, NIL information to be
furnished in the format.
2. Document of permission from the President of India or any officer, duly authorized by him in this behalf,
shall be submitted in case (i) where such Engineer or officer had not retired from government service at
least 01 year prior to the date of submission of the tender and where such Engineer or officer is a
proprietor, partner, member or director as the case, in proprietary firm, partnership Firm/ Joint
venture/registered Society/ registered firm/ LLP, company.
3. If the above information is not furnished, contract is liable to be dealt in accordance with
provision of clause 62 of Standard General Condition of contract.

Format given above is for guidance only. Any certificate, containing complete/relevant required information
as asked for in other format, shall be considered.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
108
 ANNEXURE – I
LIST OF COURT CASES DURING PREVIOUS THREE FINANCIAL YEARS

Sl Name of Value Name of Name of the Date of Relief sought Brief Final/Present
work of work Client Court institution from Court reason position of the
Deptt. of case of case
dispute

1 2 3 4 5 6 7 8 9

Signature of tenderer
Along with Seal

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
109
 ANNEXURE – J
LIST OF ARBITRATION CASES DURING PREVIOUS THREE FINANCIAL YEARS.
Sl Name of Value of Name of Client Amount Claim of Brief Final/
work work Deptt. and date Deptt. if reasons Present
of claim any of position of
preferred disputes the case

1 2 3 4 5 6 7 8

Signature of Tenderer
Alongwith Seal

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
110
 ANNEXURE – K

Broad Plan of Execution of This Work Within The Stipulated Completion Period

[Link] Activity Period of completion in months

Signature of Tenderer
Alongwith Seal

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
111
 ANNEXURE-L
MEMORANDUM OF UNDERSTANDING (MOU) FOR JOINT VENTURE
PARTICIPATION
(To be executed on non-judicial stamp paper of appropriate value in accordance with
relevant stamp Act. The stamp paper is to be issued in the name of the Joint Venture Firm).

JOINT VENTURE PARTICIPATION

BETWEEN

(indicate the name of member) having its registered office at (indicate the address of
the member) represented by their (indicate designation/capacity e.g Manager/General
manager/Director/Managing Director/ Partner/Managing Partner/Proprietor etc.), Shri.
(indicate the name) aged about …………years, S/o Shri (indicate the name of father)
resident of (indicate Address) (hereinafter known as authorized signatory of the member) in
the capacity of Lead Member of the first part.

AND

(indicate the name of member) having its registered office at (indicate the address of
the member) represented by their (indicate designation/capacity e.g manager/General
manager/Director/Managing Director/ Partner/Managing Partner/Proprietor etc.), Shri.
(indicate the name) aged about …………years, S/o Shri (indicate the name of father)
resident of (indicate Address) (hereinafter known as authorized signatory of the member) in
the capacity of the constituent member of the other part.

(In case of more than two members, include the details accordingly).

Now, the Joint Venture Firm (JV) formed by the members i.e. (indicate name of lead
member) and (indicate name of constituent member) and (indicate name of other constituent
member) will be known as (indicate JV firm name and address).

The expressions (indicate name of the lead member) and (indicate name of the
constituent members), shall whatever the context admits, mean and include their respective
legal representatives, successors-in-interest and assigns, and shall collectively be referred to
as “Joint Venture Firm” and individually as the “Member”

WHEREAS; President of India, acting through Ministry of Railways, West Central

Railway Construction Organisation (hereinafter referred to as “Employer”) has invited
Tender for “(indicate name of work as mentioned in Notice inviting Tender)”.

NOW, THEREFORE, THE MEMBERS AGREE AS FOLLOWS:

1. The ‘Members’ have studied the documents and have agreed to submit their Tender as
Joint Venture (JV) Firm.

The following documents shall be deemed to form and be read and construed as an
integral part of this MOU.
i) Notice inviting Tender,
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
112
 ii) Tender document,

iii) Any Addendum/Corrigendum issued by (West Central Railway Construction

organization), and

iv) The Tender for work submitted by Joint Venture Firm through Authorized member.

2. (a) (indicate the name of the Lead Member) shall be the “Lead member” of the JV Firm,
for all intents and purposes having majority share (at least 51%) in Joint Venture Firm
having fulfilled desired Technical & Financial Eligibility Criteria for this work.

(b) (indicate the name of the other Constituent Members as applicable for JV upto 03
members) shall be the “member” of the JV Firm, for all intents and purposes having
majority share (at least 20%) in Joint Venture Firm having fulfilled desired Technical &
Financial Eligibility Criteria for this work.

(c) (indicate the name of the other Constituent Members as applicable for JV more than 03
members) shall be the “member” of the JV Firm, for all intents and purposes having
majority share (at least 10%) in Joint Venture Firm having fulfilled desired Technical &
Financial Eligibility Criteria for this work.

3. The ‘Members’ resolve that the distribution of share of Financial, Technical, and other
responsibilities of the constituent members of JV Firm is as under:

(a) (indicate name & Address of Lead Member) Share ….%

Lead Member

(b) (indicate name & Address of Constituent Member) Share ….%

Constituent Member

(c) (indicate name & Address of Other Constituent Member) Share ….%

Other Constituent Member

4. JOINT AND SEVERAL RESPONSIBILITIES

The Members undertake that they shall be jointly and severally liable to the
Employer (Railways) for execution of the work in accordance with General and Special
Conditions of Contract. The JV members shall also be liable jointly and severally for the
loss, damages caused to the Employer (Railways) during the course of execution of the
contract or due to non-execution of the contract or part thereof.

5. ASSIGNMENT AND THIRD PARTIES

No member of the Joint Venture firm shall have the right to assign or transfer the
interest, right or liability in the contract without the written consent of the other members
and that of the Employer (Railways) in respect of the said tender/contract.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
113
6. AUTHORIZED MEMBER
We, authorize (indicate lead member of JV firm nominated as authorized member),
as Authorized member represented by their authorized signatory Shri (indicate the name)
to act on behalf of the Joint Venture Firm to deal with the tender, sign the agreement or
enter into contract in respect of the said tender/contract, 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. However, authorized member shall not submit any such
proposals, clarifications or commitments without securing clearance of other JV
constituents(s).
All notices/correspondences with respect to the tender/contract would be sent by
Employer (Railways) only to the authorized signatory of Authorized member at the
address of JV firm. All such notices/correspondences sent by Employer shall be legally
binding on all the members of the J.V Firm.

7. GUARANTEES AND BONDS

Earnest Money Deposit and all bonds/guarantees to the Employer (Railways) shall
be submitted in the name JV Firm, which shall be legally binding on all the members of the
J.V Firm.
8. INDEMNITY
Each member hereto agrees to indemnify the other members against its respective
parts in case of breach/default of the respective part of the contract/tender of any liabilities
sustained by the Joint Venture Firm.
9. For the execution of the respective portions of works, the members shall make their
own arrangements to bring the required finance, plants and equipment, materials, manpower
and other resources.
10. DOCUMENTS & CONFIDENTIALITY.
Each member shall maintain confidentiality regarding the information related to the
tender/contract, commercial and technical information received or generated in the course
of preparation and submission of the Tender.
11. ARBITRATION
Any dispute, controversy or claim arising out of or relating to this agreement shall
be settled in the first instance amicably between the members. If an amicable settlement
cannot be reached as above, it will be settled by arbitration in accordance with the Indian
Arbitration and Conciliation Act 1996 or any amendments thereof. The Venue of the
arbitration shall be (indicate the name of place). Notwithstanding settlement of any dispute
among the members of the JV Firm , the JV members shall ensure satisfactory completion
of awarded work as per the contract with the Employer (Railways).
12. VALIDITY
This MOU shall remain in force till the occurrence of the earliest of the following,
unless by mutual consent, the members agree in writing to extend the validity for a further
period
a. Tender submitted by the joint venture Firm is declared unsuccessful, or
b. Cancellation/shelving of the work by the Employer (Railways) for any reasons prior to
award of work.
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
114
 In case, the Tender submitted by the joint venture Firm is declared successful; the validity
of this MOU shall be upto the entire period of completion (inclusive of period of extension,
if any) including maintenance period.
13. This MOU is drawn in ……number of copies with equal legal strength and status. One
copy is held by (indicate name of lead member) and the other by (indicate name of
constituent member) & (indicate name of other constituent member) and one copy
submitted with the tender to Employer (Railways).
14. This MOU shall in all respects be governed by and interpreted in accordance with Indian
Laws.
15. NOTICES/CORRESPONDANCE
All Notices/Correspondence by Employer (Railways) in writing shall be sent by Fax
confirmed, by registered post or commercial courier to the following Fax number and
address. (Indicate name of authorized signatory of authorized member, name & address of
JV Firm with Fax number)
16. JV Agreement.
We the constituent member of the JV Firm are aware that after issue of Letter of
Acceptance by the Employer (Railways), an agreement among the members of the JV firm
has to be executed and got registered before the Registrar of Companies under the
Companies Act or with the Registrar/Sub-Registrar under the Registration Act. This
agreement shall be submitted by the JV firm to the Employer (Railways) as per Standard
J.V. Agreement format before signing the contract agreement for the work. In case the JV
members fail to observe/comply with stipulations, the Earnest Money Deposit, deposited
with the Employer (Railways) shall be forfeited and other penal actions due shall be taken
against the members and the JV Firm by the Employer (Railways).
17. We, the members of JV Firm shall furnish along with the tender, requisite documents as
mentioned under para 17.1, 17.2, 17.3 (as the case may be) of the Guidelines for
Participationof J.V. firms in works tender.
18. Declaration
It is certified that we are not blacklisted or debarred by the Railways or any other
Ministries/Departments of the Govt. of India from participation in tender/contracts on the
date of submission of Bids either in our individual capacity or as a member of the JV Firm
in which we were/are members.
IN WITNESS WHEREOF THE MEMBERS, have executed this MOU on (indicate day, month & year).

(Indicate name of authorized signatory) (Indicate name of authorized signatory)

(indicate name & address of lead member) (Indicate name & address of constituent member’s)

(Seal)

(Seal)
Witness:
1. ……………………………(Name & Address)
2. ……………………………(Name & Address)

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
115
 ANNEXURE-M
JOINT VENTURE AGREEMENT FOR JOINT VENTURE PARTICIPATION
(The J.V. Agreement to be executed on non-judicial stamp paper of appropriate value, in
accordance with relevant stamp Act. The stamp paper is to be issued in the name of the Joint
Venture Firm and should not be more than six months old from the date of execution of the
J.V. Agreement, on it)
JOINT VENTURE AGREEMENT
BETWEEN
(indicate the name of member) having its registered office at (indicate the address of the
member) represented by their (indicate designation/capacity e.g Manager/General
manager/Director/Managing Director/ Partner/Managing Partner/Proprietor etc.), Shri.
(indicate the name) aged about ............... years, S/o Shri (indicate the name of father) resident
of (indicate Address) (hereinafter known as authorized signatory of the member) in the
capacity of Lead Member of the first part.
And
(indicate the name of member) having its registered office at (indicate the address of the
member) represented by their (indicate designation/capacity e.g manager/General
manager/Director/Managing Director/ Partner/Managing Partner/Proprietor etc.), Shri.
(indicate the name) aged about ............... years, S/o Shri (indicate the name of father) resident
of (indicate Address) (hereinafter known as authorized signatory of the member) in the
capacity of the constituent member of the other part.
(In case of more than two members, include the details accordingly).
Now, the Joint Venture Firm (JV) formed by the members i.e. (indicate name of lead
member) and (indicate name of constituent member) and (indicate name of other constituent
member) will be known as (indicate JV firm name and address).
The expressions (indicate name of the lead member) and (indicate name of the constituent
members), shall whatever the context admits, mean and include their respective legal
representatives, successors-in-interest and assigns, and shall collectively be referred to as
“Joint Venture Firm” and individually as the “Member”
1. WHEREAS; President of India, acting through Ministry of Railways, West Central
Railway Construction Organisation (hereinafter referred to as “Employer”) has invited
Tender for “(indicate name of work as mentioned in Notice inviting Tender)”.
And Whereas, the above members to the Joint Venture Firm have submitted the tender in
the name of the said JV Firm formed as per the MOU signed on dated… and whereas the said
tender has finally been accepted by the Employer (Railways) vide Letter Of Acceptance
No………..dated……….., we (indicate name of the lead member) and (indicate name of the
constituent members), herewith sign the above formal JV agreement for registration of the
above joint venture Firm viz (indicate JV firm name and address) and for entering into contract
Agreement with the “Employer” (Railway).
2. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
The following documents shall be deemed to form and be read and construed as an integral
part of this J.V. Agreement.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
116
 i) Notice inviting Tender,
ii) Tender document,
iii) Any Addendum/Corrigendum issued by (West Central Railway),
iv) MOU signed on… ............ by us.
iv) Tender submitted on our behalf by the Authorized Member.
v) Letter Of Acceptance issued by Employer (Railways).
3. The ‘Members’ have studied the documents, JV guidelines and have agreed to participate
in submitting the ‘Tender’ jointly; signed the JV MOU and submitted the tender
accordingly.
4. (a) (indicate the name of the Lead Member) shall be the “Lead member” of the JV Firm,
for all intents and purposes having majority share (at least 51%) in Joint Venture Firm
having fulfilled desired Technical & Financial Eligibility Criteria for this work.
(b) (indicate the name of the other Constituent Members as applicable for JV upto 03
members) shall be the “member” of the JV Firm, for all intents and purposes having
majority share (at least 20%) in Joint Venture Firm having fulfilled desired Technical &
Financial Eligibility Criteria for this work.
(c) (indicate the name of the other Constituent Members as applicable for JV more than 03
members) shall be the “member” of the JV Firm, for all intents and purposes having
majority share (at least 10%) in Joint Venture Firm having fulfilled desired Technical &
Financial Eligibility Criteria for this work.
5. We, authorize (indicate lead member of JV firm nominated as authorized member), as
Authorized member represented by their authorized signatory Shri. (indicate the name) to
act on behalf of the Joint Venture Firm to deal with the tender, sign the agreement or enter
into contract in respect of the said tender/contract, 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. However, authorized member shall not submit any such
proposals, clarifications or commitments without securing clearance of other JV
constituents(s).
All notices/correspondences with respect to the tender/contract would be sent by
Employer (Railways) only to the authorized signatory of Authorized member at the
address of JV firm. All such notices/correspondences sent by Employer shall be legally
binding on all the members of the J.V Firm.
6. The ‘Members’ resolve that the distribution of share of Financial, Technical, and other
responsibilities of the constituent members of JV Firm is as under:
(a) (indicate name & Address of Lead Member) Share ….%
Lead Member
(b) (indicate name & Address of Constituent Member) Share ….%
Constituent Member
(c) (indicate name & Address of Other Constituent Member) Share ….%
Other Constituent Member
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
117
 7. The constitution of JV firm shall not be altered during the currency of the contract except
when modification become inevitable due to succession laws etc. provided that the
minimum eligibility criteria are not got vitiated. Failure to observe this stipulation shall be
deemed to be breach of contract, which will entitle the Employer (Railway) to take all
consequential action as per contract conditions.

8. JOINT AND SEVERAL RESPONSIBILITY

The Members undertake that they shall be jointly and severally liable to the Employer
(Railways) for execution of the work in accordance with General and Special Conditions
of Contract. The JV members shall also be liable jointly and severally for the loss, damages
caused to the Employer (Railways) during the course of execution of the contract or due to
non-execution of the contract or part thereof. The members solemnly affirm and declare
that every possible care will be taken by them for ensuring satisfactory execution and
completion of the work awarded under the contract.
9. ASSIGNMENT AND THIRD PARTIES
No member of the Joint Venture firm shall have the right to assign or transfer the interest,
right or liability in the contract without the written consent of the other members and that
of the Employer (Railways) in respect of the said tender/contract.
10. GUARANTEES AND BONDS
All bonds/guarantees e.g Performance Guarantee, Bank Guarantee etc. to the Employer
(Railways) shall be submitted by the JV Firm as per tender conditions, only in the name of
J.V Firm.
11. INDEMNITY
Each member hereto agrees to indemnify the other members against its respective parts in
case of breach/default of the respective part of the contract/tender of any liabilities sustained
by the Joint Venture Firm.
12. USE OF MACHINERY, INSTRUMENT, LABOUR FORCE etc.
For the execution of the respective portions of works, the members shall make full
arrangements to bring the required finance, plants and equipment, materials, manpower and
other resources. However, the members here to undertake that whatever the machinery,
instruments, labour force, (including unskilled, skilled, inspectors, Engineer etc.) they
possess at the time of entering into Joint Venture Agreement or which subsequently shall
come in their possession and if such machinery, instruments, labour force is required for
the speedy and efficient execution of any portion of the work, the member/members having
the control over the said machinery, instruments, labour force etc. without having any
regard to their share of profit and loss agreed to between the members in Joint Venture
Agreement shall hand over the same which shall be placed at the disposal of the other
member actually executing that portion of the work at mutually agreed terms for the purpose
of execution of the contract without any hindrance and obstacle
13. DOCUMENTS & CONFIDENTIALITY.
Each member shall maintain confidentiality regarding the information related to the
tender/contract, commercial and technical information received or generated in the course
of preparation and submission of the Tender and execution of contract.
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
118
 14. ARBITRATION
Any dispute, controversy or claim arising out of or relating to this agreement shall be settled
in the first instance amicably between the members. If an amicable settlement cannot be
reached as above, it will be settled by arbitration in accordance with the Indian Arbitration
and Conciliation Act 1996 or any amendments thereof. The Venue of the arbitration shall
be (indicate the name of place). Notwithstanding settlement of any dispute among the
members of the JV Firm, the JV members shall ensure satisfactory completion of awarded
work as per the contract with the Employer (Railways).

15. DURATION OF JOINT VENTURE AGREEMENT

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 and till Security Deposit is
released.
16. NOTICES/CORRESPONDANCE
All Notices/Correspondence by Employer (Railways) in writing shall be sent by Fax
confirmed, by registered post or commercial courier to the following Fax number and
address.
(Indicate name of authorized signatory of authorized member, name & address of JV Firm
with Fax number)
17. Governing Laws : The J.V. Agreement shall in all respect be governed by and interpreted
in accordance with Indian Laws.
18. Declaration:-
It is certified that we are not blacklisted or debarred by the Railways or any other
Ministries/Departments of the Govt. of India from participation in tender/contracts on the
date of submission of Bids either in our individual capacity or as a member of the JV Firm
in which we were/are members.
IN WITNESS WHEREOF THE MEMBERS, have executed this JV Agreement on (indicate day,month
and year)

(Indicate name of authorized signatory) (Indicate name of authorized signatory)

(indicate name & address of lead member) (Indicate name & address of constituent member’s)

(Seal)
(Seal)

Witness:
3. ……………………………(Name & Address)
4. ……………………………(Name & Address)
Place :

Date :
(The J.V. Agreement should be got registered with Registrar of Company Act or with the Registrar/Sub-
registrar under the registration act.)

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
119
 ANNEXURE – N
OTHER CREDENTIALS/FACILITIES OF THE FIRM/CONTRACTOR
(WHICH ARE NOT COVERED IN ANNEXURE-A TO ANNEXURE –M)

Signature of Tenderer

Along with Seal.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
120
 ANNEXURE – O

MANDATE FORM OF EFT

The Contractor/supplier having their bank accounts on any of the city centres where reserve bank of
India’s EFT (Electronic Fund Transfer) facility exists will receive their payments through EFT scheme
in case of being awarded with the work/supply order. For that they (the agency) will have to furnish the
mandate form of EFT (As per proforma given below)) along with the tender document.

Electronic clearing service (Credit clearing) Model Mandate form

(Investor/Customer’s Option to receive payments through Credit Clearing Mechanism).

Name of the scheme and the periodicity of payment

No.
1) Contractor/supplier’s Name
2) Particulars of their Bank Account
a) Name of Bank:
b) Name of the
BranchAddress
Telephone No.
c) 9 Digit Code Number of the bank and branch
Appearing on the MICR cheque issued by the bank.
d) Type of the Account (S.B. Current or cash Credit)
With IFS Code
e) Ledger and ledger folio Number.
f) Account number (as appearing on the cheque book)

(In lieu of the bank certificate to be obtained as under, please attach a bank cancelled cheque or
photocopy of a cheque issued by your bank for verification of the above particulars)

3) Date of effect

I hereby declare that the particulars given above are correct and complete. If the transaction is
delayed or not effected at all for reasons of incomplete or incorrect information, I would not hold the
user institution responsible. I have read the option invitation letter and agree to discharge the
responsibility expected of me as a participant under the scheme.

Signature of the Contractor/Supplier.

Date:

Certified that the particulars furnished above are correct as per our records.

Bank’s stamp.

Date:

Signature of The Authorised Official of the Bank.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
121
 ANNEXURE-P
LC/DA No(18 DIGIT IPAS GENERATED NO.)
Dated _ _

DOCUMENT OF AUTHORISATION

Reference: (i) Works Contract No. Dated

(ii) Inland Letter of Credit No. Dated

This document is issued against Contract No. --------(FROM IREPS) ---------- dated------------ for work of ---------

(DESCRIPTION OF WORK FROM IREPS)------------

The beneficiary of aforementioned Letter of Credit M /s ………….……(NAME AND VENDOR CODE)

.........(Vendor Code ...... as per IREPS......) is entitled to receive payment aggregating INR……SSS ............. (FROM

ABSTRACT OF BILL PASSED).............. out of a total LC amount of INR ............ (FROM MASTER TABLE OF LC

OPENED)............ against the first/second* commercial Invoice No. (FROM IPAS)............. dated ............. FROM

IPAS..............for INR (FROM IPAS)...........raised against the above contract from State Bank of India .......(branch.....

FROM LC MASTER TABLE) ... on the strength of this Certificate.

The details of payments already made to the beneficiary under this Letter of Credit are as follows:

Sl. No. Invoice No. Invoice date Invoice LCDA No. LCDA date Amount
Amount paid
(INR) (INR)

Total Paid

THIS PAYMENT _________ SSS

LC BALANCE AFTER THIS PAYMENT:_

(Signature of authorised Railway authority)

Name
Designation
Official Seal

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
122
 ANNEXURE-Q
SPECIMEN FORMAT OF BANK GUARANTEE BOND FOR SUBMISSION OF BID SECURITY
Bank Guarantee Bond from any scheduled commercial bank of India
(On non-judicial stamp paper, which should be in the name of the Executing Bank).
Name of the Bank: ----------
President of India,
Acting through ............ ,
West Central Railway,
Beneficiary: FA & CAO (Con), West Central Railway
Bank Guarantee Bond No.: Date:---------
In consideration of the President of India acting through ----- (Designation & address of Contract
Signing Authority), …….. Railway, ……………., …. (hereinafter called “The Railway”) having
invited the bid for through Notice inviting tender (NIT) No.. , We have
been informed that . . . . . [Insert name of the Bidder]............ (hereinafter called "the Bidder")
intends to submit its bid (hereinafter called "the Bid") .
WHEREAS, the Bidder is required to furnish Bid Security for the sum of [Insert required Value of
Bid Security], in the form of Bank Guarantee, according to conditions of Bid.
AND
WHEREAS, ............[Insert Name of the Bank], with its Branch ............... [Insert Address] having
its Headquarters office at........ [Insert Address], hereinafter called the Bank, acting through
..............[Insert Name and Designation of the authorised persons of the Bank], have, at the
request of the Bidder, agreed to give guarantee for Bid Security as hereinafter contained, in favour
of the Railway:
1. KNOW ALL MEN that by these present that I/We the undersigned [Insert name(s) of
authorized representatives of the Bank], being fully authorized to sign and incur obligations for
and on behalf of the Bank, confirm that the Bank, hereby, unconditionally and irrevocably
guarantee to pay to the Railway full amount in the sum of [Insert required Value of Bid
Security] as above stated.
2. The Bank undertakes to immediately pay on presentation of demand by the Railway any amount
up to and including aforementioned full amount without any demur, reservation or recourse.
Any such demand made by the Railway on the Bank shall be final, conclusive and binding,
absolute and unequivocal on the Bank notwithstanding any disputes raised/ pending before any
Court, Tribunal, Arbitration or any Authority or any threatened litigation by the Bidder or Bank.
3. The Bank shall pay the amount as demanded immediately on presentation of the demand by
Railway without any reference to the Bidder and without the Railway being required to show
grounds or give reasons for its demand of the amount so demanded.
4. The guarantee hereinbefore shall not be affected by any change in the constitution of the Bank
or in the constitution of the Bidder.
5. The Bank agrees that no change, addition, modifications to the terms of the Bid document or to
any documents, which have been or may be made between the Railway and the Bidder, will in
any way absolve the Bank from the liability under this guarantee; and the Bank, hereby, waives
any requirement for notice of any such change, addition or modification made by Railway at
any time.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
123
6. This guarantee will remain valid and effective from…….…….[insert date of issue]till
………..[insert date, which should be minimum 90 days beyond the expiry of validity of Bid].
Any demand in respect of this Guarantee should reach the Bank within the validity period of
Bid Security.
7. The Bank Guarantee is unconditional and irrevocable.
8. The expressions Bank and Railway herein before used shall include their respective successors
and assigns.
9. The Bank hereby undertakes not to revoke the guarantee during its currency, except with the
previous consent in writing of the Railway. This guarantee is subject to the Uniform Rules for
Demand Guarantees, ICC Publication No.758.
10. The Bank hereby confirms that it is on the SFMS (Structured Financial Messaging System)
and shall invariably send the advice of this Bank Guarantee to the following bank details –

IFSC CODE SBIN000RAIL

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

11. The Guarantee shall be valid in addition to and without prejudice to any other security
Guarantee(s) of Bidder in favour of the Railway. The Bank, under this Guarantee, shall be
deemed as Principal Debtor of the Railway.
Date………… ……………
Place…………. Bank’s Seal and authorized signature(s)
[Name in Block letters] ………………....
[Designation with Code No.]……………..……
[P/Attorney] No.
Witness:
1 Signature, Name & Address & Seal
2 Signature, Name& address & Seal Bank’s Seal
[P/Attorney] No.
Note: All italicized text is for guidance on how to prepare this bank guarantee and shall be
deleted from the final document.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
124
 ANNEXURE-R
SPECIMEN FORMAT OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANTEE
(Bank Guarantee Bond from any scheduled commercial bank of India)
(On non-judicial stamp paper, which should be in the name of the Executing Bank).
Name of the Bank: ----------
President of India,
Acting through ........... ,
West Central Railway,
Beneficiary: FA & CAO (Con), West Central Railway
Bank Guarantee Bond No.: Date:---------

In consideration of the President of India (herein after called the Government ) having agreed to exempt
(indicate name and address of tenderer) (hereinafter called the said Contractor(s)” from the demand,
under the terms and conditions of an Agreement (indicate acceptance letter no. and date) made between
(indicate Dy. CE/Con or CE/Con. ,West Central Railway as applicable) and (indicate name and address of
tenderer) for (indicate the name of work as mentioned in tender) (hereinafter called “the said
Agreement”)¸of security deposit for the due fulfillment by the said Contractor(s) of the terms and
conditions contained in the said Agreement, on production of a bank Guarantee for Rs.------------------
-------- (Rupees only).

1. We, (indicate the name and address of the bank) (hereinafter referred to as “the Bank”) at the request of
(indicate name and address of tenderer) (contractor’s) do hereby undertake to pay to the Government an
amount not exceeding R s . against any loss or damage
caused to or suffered or would be caused to or suffered by the Government by reason of any breach by
the said Contractor(s) of any of the terms or conditions contained in the saidAgreement.
2. We (indicate the name and address of the bank) do hereby undertake to pay the amounts due andpayable
under this guarantee without any demur, merely on a demand from the Government stating that the
amount/claimed is due by way of loss or damage caused to orwould be caused to or suffered by the
Government by reason of breach by the said contractor(s) of any of the terms or conditions contained in
the said Agreement or by reason of the Contractor(s) failure to perform the said Agreement. Any such
demand madeon 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 amountnot exceeding
Rs. .

3. We undertake to pay to the Government any money so demanded not withstanding any dispute or disputes
raised by the Contractor(s)/supplier(s) in any suite or proceeding pending before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal.
The payment so made by us under this bond shall be a valid discharge of our liability for payment
thereunder and the contractor(s) /supplier(s) shall have no claim against us for making such payment.
4. We, (indicate the name and address of the bank) further agree that the guarantee herein contained shall
remain in full force and effect during the period that would be taken for the performance/of the said
Agreement and that it shall continue to be enforceable till all the dues of the Government under or by
virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till (indicate
Dy. CE/Con or CE/Con. ,West Central Railway as applicable) Office/ Department) Ministry of Railway
certifies that the terms and conditions of the said Agreement have been fully and properly carried out
by the said Contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this
guarantee is made on us in writing on or before the we shall be discharged from all
liability under this guarantee thereafter.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
125
5. We (indicate the name and address of the bank) further agree with the government that the Government
shall have the fullest liberty without our consent and without affecting in any manner our obligations
hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance
by the said Contractor(s) from time to time or to postpone for any time or from time to time any of the
powers exercisable by the Government against the said Contractor(s) and forbear or enforce any of the
terms and conditions relating to the said agreement and we shall not be relieved from our liability by
reason of any such variation, or extension being granted to the said Contractor(s) or for any forbearance,
act or omission on the part of the Government or any indulgence by the Government to the said
Contractor(s) or any such matter or thing whatsoever which under the law relating to sureties would, but
for this provision, have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the Bank orthe
Contractor(s)/Supplier(s).

7. We, (indicate the name and address of the bank) lastly undertake not to revoke this guarantee during
its currency except with the previous consent of the Government in writing.

Dated the day of 20…..

For (indicate the name and address of the bank)

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
126
 CHAPTER-7
ANNEXURE-1

WEST CENTRAL RAILWAY CONSTRUCTION ORGANISATION

SPECIMEN FORMAT FOR LETTER OF ACCEPTANCE
(IN CASE OF MANNUAL MODE LOAs)
Without Prejudice
By Regd. Post with A.D
By Special Man
WEST CENTRAL RAILWAY

Office of the
Chief Administrative Officer (Con)
Jabalpur

No: o/o .... Dtd:

To
---------
---------
Dear Sir(s),
Sub :- (Name of work).
Ref:- E-Tender Notice No.-----------
********
01. With references to above, your offer has been accepted by the Railway Administration at a total value of Rs.
--
----/- (Rupees ----------- only) with Contract Period of -- months from the date of issue of this Acceptance
Letter at the following rates shown against each item under Schedules-A,B,C as enclosed to this letter.
Schedule-‘A ’ : ----- % accepted rate in Above/below/at par
Schedule-‘B ’ : ------% accepted rate in Above/below/at par
Schedule-‘C ’ : ------% accepted rate in Above/below/at par
:
Other terms and conditions as incorporated in the tender documents issued for the work will be
included in aformal agreement to be executed by you for carrying out the work.
02. An amount of Rs ----/- (Rupees --- only) is to be deposited towards Security Deposit.
The EMD submitted on line vide IREPS Ref Id/Bank Trans Id No: ----- dtd. ------- for Rs. -----/-(Rupees -
---
--- only) is adjusted towards Security Deposit. Balance amount of Security Deposit i.e., Rs. -------/-(Rupees
--
------------------- only) is to be deposited in cash with FA & CAO (Con) WCR Railway/Jabalpur or
otherwise if you so desire amount of balance Security Deposit will be recovered at the rate of 6% from
your running bills of the contract.
03. You are requested to give a performance guarantee in any acceptable form as mentioned in the tender
document, for an amount of Rs ---------- ( ----------------- ) before signing of the agreement and it
should be valid upto the stipulated date of completion plus 60 days. If the performance guarantee is in
the form of B.G then it should be as per standard B.G format (enclosed). ”Bank Guarantees(BGs) to
be submitted by suppliers/contractors should be sent directly to the concerned authorities by the
issuing bank under Registered post. A.D.
For Chief Administrative Officer (Const)
West Central Railway, Jabalpur.
127
04. Until a formal Agreement is prepared and executed, acceptance of this Tender shall constitute a
binding contract. As such you are requested to submit a Performance Guarantee (PG) within 21
(twenty one) days from the date of issue of Letter of Acceptance (LOA). Extension of time for
submission of PG beyond 21 (twenty one) days and upto 60 days from the date of issue of LOA may
be given by the Authority who is competent to sign the contract agreement. However, a penal interest
of 12% per annum shall be charged for the delay beyond 21 (twenty one) days, i.e. from 22nd day
after the date of issue of LOA. Further, if the 60th day happens to be a declared holiday in the
concerned office of the Railway, submission of PG can be accepted on the next working day.
In all other cases, if the Contractor fails to submit the requisite PG even after 60 days from the
date of issue of LOA, the contract is liable to be terminated. In case contract is terminated railway
shall be entitled to forfeit Earnest Money Deposit and other dues payable against that contract. In case
a tenderer has not submitted Earnest Money Deposit on the strength of their registration as a Startup
recognized by Department of Industrial Policy and Promotion (DIPP) under Ministry of Commerce
and Industry, DIPP shall be informed to this effect. The failed Contractor shall be debarred from
participating in re-tender for that work.

05. Please contact Dy. CE(Con)/ ……..immediately with your execution programme for further
instructions to start the work on the authority of this Acceptance Letter.
06. Please acknowledge receipt of this letter of Acceptance and confirm that you are taking action as stated
above.

Yours faithfully,
Chief Engineer (Con)/-----,
W. C. Railway/ Jabalpur
For & on behalf of President of India.

No: CE/CON/..... Dtd.

Copy with copy of enclosures forwarded for information to: -

*****

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
128
 ANNEXURE - 2

WEST CENTRAL RAILWAY (CONSTRUCTION ORGANISATION)

CONTRACT AGREEMENT OF WORKS

1. Contract Agreement No.

2. Approximate value of contract
(in figures & words)
3. Total Security Deposit (in
figures & words)
4. Initial SD deposited by the
Contractor (details of the
deposit with amount in figures
and words)
5. Balance SD to be recovered
from the contractor (in figures
and words)
6. Performance guarantee & Penal
interest, if any deposited.

7. Date of completion of work

8. Name of work

9. Estimate No, Allocation with

Plan Head of expenditure.

ARTICLES OF AGREEMENT made this day of 20 between

President of India acting through the of West Central Railway Administration
hereafter called the "Railway" of the one part and herein after called the
"Contractor" of other part.

WHEREAS the Contractor has agreed with the Railway for performance of the above works set
forth in the Bills of Quantities hereto annexed upon the Standard General Conditions of Contract, updated
with correction slips issued up to date of inviting tender or otherwise specified in the tender documents and
the Specifications of Indian Railways Unified Standard Specifications (Works & Materials)/Specifications
of CPWD DSR-2019 updated with correction slips issued up to date of inviting tender or as otherwise
specified in the tender documents and the applicable Standard Schedule of Rates (SSOR) of West Central
Railway updated with correction slips issued up to date of inviting tender or as otherwise specified in the
tender documents and the Special Conditions and Special Specifications, if any and in conformity with the
drawings here-into annexed AND WHEREAS the performance of the said works is an act in which the public
are interested.

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
129
 NOW THIS INDENTURE WITNESSETH that in consideration to the payments to be made by the
Railways, the Contractors will duly perform the said works in the said Bills of Quantities set forth and shall
execute the same with great promptness, care and accuracy in a workman like manner to the satisfaction of
the Railway and will complete the same in accordance with the said specifications and said drawings and
said conditions of contract on or before the………... day of……………… 20.. and will maintain the said
works for a period as mentioned in the tender document from the certified date of their completion and will
observe, fulfill and keep all the conditions therein mentioned (which shall be deemed and taken to be part of
this contract, as if the same have been fully set forth herein), AND the Railway, both hereby agree that if the
Contractor shall duly perform the said works in the manner aforesaid and observe and keep the said terms
and conditions, the Railway will pay or cause to be paid to the Contractor for the said works on the final
completion thereof the amount due in respect thereof at the rates specified in the Bills of Quantities hereto
annexed.
Contractor--------------------(Signature) Railway: Designation ----------------------
Address----------------------------------- (For President of India)
Date------------------------- Date-------------------------

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

Witnesses: --------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------

-----------------END OF THE DOCUMENT---------------

For Chief Administrative Officer (Const)

West Central Railway, Jabalpur.
130