agra division-operating/north central rly tender … · contract type service contract category...

Sr.DOM/Agra acting for and on behalf of The President of India invites E-Tenders against Tender No AGRAOPTGLBMTJ-01 ClosingDate/Time 10/07/2020 15:00 Hrs. Bidders will be able to submit their original/revised bids upto closing date and time only. Manual offersare not allowed against this tender, and any such manual offer received shall be ignored.

Contractors are allowed to make payments against this tender towards tender document cost and earnest money only through onlypayment modes available on IREPS portal like net banking, debit card, credit card etc. Manual payments through Demand draft, Bankercheque, Deposit receipts, FDR etc. are not allowed.

1. NIT HEADER

Name of Work

Provision of unskilled 06 workmen for work as box boy round the clock to loading/Unloadingand transportation of Guards Line Boxes from train, brake van, special train, ECRs, Lightengines & Road vehicle to Box Room and vice versa at Mathura Jn. Railway Station for theperiod of 730 days.( 02 Nos.workmen per shift)

Bidding type Normal Tender

Tender Type Open Bidding System Single Packet System

Tender Closing Date Time 10/07/2020 15:00 Date Time Of Uploading Tender 15/06/2020 16:34

Pre-Bid Required No Pre-Bid Query Date Time Not Applicable

Advertised Value 2525026.20 Tendering Section OPERATING

Bidding Style Single Rate for Tender Bidding Unit Above/Below/Par

Earnest Money (Rs.) 50500.00 Validity of Offer ( Days) 45

Tender Doc. Cost (Rs.) 3540.00 Period of Completion 730 Days

Contract Type Service Contract Category Expenditure

Bidding Start Date 26/06/2020Are Joint Venture (JV) firmsallowed to bid No

Ranking Order For Bids Lowest to Highest Expenditure Type Revenue

2. SCHEDULE

S.No. Item Code Item Qty Qty Unit Unit Rate Basic Value Escl.(%) Amount BiddingUnit

Schedule A-Provision of unskilled 06 workmen for work as box boy round the clock toloading/Unloading and transportation of Guards Line Boxes from train, brake van, specialtrain, ECRs, Light engines & Road vehicle to Box Room and vice versa at Mathura Jn.Railway Station for the period of 730 days.( 02 Nos.workmen per shift)

2525026.20

1

1 730.00 Day 3458.94 2525026.20 AT Par 2525026.20

Description:- Provision of unskilled 06 workmen for work as box boy round the clock to loading/Unloading andtransportation of Guards Line Boxes from train, brake van, special train, ECRs, Light engines & Road vehicle toBox Room and vice versa at Mathura Jn. Railway Station for the period of 730 days.( 02 Nos.workmen per shift).Man power rates are including GST @ 18% and contractor profit @ 10%. The unit rate are also including EPF &ESIC will be paid .So in this regard contractor has to produce the genuine supporting document in proof of suchpayment.

3. ITEM BREAKUP

No item break up added

4. ELIGIBILITY CONDITIONS

5. COMPLIANCE

Commercial-Compliance

S.No. Description ConfirmationRequired

RemarksAllowed

DocumentsUploading

1

Please enter the percentage of local content in the material being offered.Please enter 0 for fully imported items, and 100 for fully indigenous items. Thedefinition and calculation of local content shall be in accordance with the Makein India policy as incorporated in the tender conditions.

No YesAllowed(Optional)

General Instructions


RemarksAllowed

DocumentsUploading

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AGRA DIVISION-OPERATING/NORTH CENTRAL RLYTENDER DOCUMENT

Tender No: AGRAOPTGLBMTJ-01 Closing Date/Time: 10/07/2020 15:00

1

GENERAL CONDITIONS OF CONTRACT FOR SEVICES 1.MEANING OFTERMS 1.1Interpretation: These shall be subject to modifications, additions orsuppression by special conditions of contract and/or special specifications, ifany, annexed to the Bid Forms. 1.2Definition: In these General Conditions ofContract, the following terms shall have the meanings assigned hereunderexcept where the context otherwise requires: 1.2.1Railway shall mean thePresident of the Republic of India or the Administrative officers of the Railwayor of the Successor Railway authorized to deal with any matters, which thesepresents are concerned on her behalf. 1.2.2General Manager (GM) shallmean the Officer-in-Charge of the general superintendence and control of theNorth Central Railway and shall also include the General Manager(Construction) and shall mean and include their successors, of the SuccessorRailway. 1.2.3Chief Manager shall mean the Officer in charge of the userdepartment i.e. Mechanical/ Commercial/ Operations/ Safety/ Finance/ Health/Engineering including S & T and Electrical of both Open line and Constructiondepartment including production units etc. (for e.g. PCOM, PCCM, PCE,PCMD etc.) and shall mean and include their successors of the SuccessorRailway. 1.2.4Divisional Railway Manager (DRM) shall mean the Officer incharge of Agra Division of the North Central Railway and shall mean andinclude the Divisional Railway Manager of the Successor Railway.1.2.5Manager shall mean the the Divisional officers or equivalent officers ofthe user department i.e. Mechanical, Commercial/ Operations/ Safety/Finance/ Health/ Engineering including S & T and Electrical of both Open lineand Construction department including production units etc. in executivecharge of the works (e.g. Sr DME, Sr DOM, Sr DCM, CMS, Sr DEN etc.) andand shall include the superior officers of the same departments and shallmean & include the successors of the Successor Railway. 1.2.6Bidder shallmean the person/the firm/ co-operative or company whether incorporated ornot who bids for the services with a view to execute the works on contract withthe Railway and shall include their personal representatives, successors andpermitted assignees. 1.2.7Limited bids shall mean bids invited from all orsome contractors on the approved or select list of contractors with the Railway.1.2.8Open bids shall mean the bids invited in open and public manner andwith adequate notice. 1.2.9Works shall mean the works contemplated fordelivery of services as per drawings and schedules set forth in the bid formsand required to be executed according to the specifications 1.2.10Servicemeans any subject matter of procurement other than goods or works, exceptthose incidental or consequential to the service, and includes physical,maintenance, housekeeping, professional, intellectual, training, consultancyand advisory services or any other service classified or declared as such by aprocuring entity but does not include appointment of an individual made underany law, rules, regulations or order issued in this behalf.

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1.1

1.2.11Earning Contract means a contract in which the contractor makespayment to Railway for some notified activity, i.e. where Railway gets someearning by awarding the contract. Examples of earning contracts are running(operating) 4-wheeler/ 2-wheeler stands; publicity on platforms /trains etc.;running (operating) various type of stalls on platforms including reservationcenters, book-stalls, restaurants, fast-food stalls, tea-stalls etc.1.2.12Specifications shall mean the Standard Specifications for Materials &Services of Railway as specified by Railway under the authority of the Ministryof Railways or the Chief Manager or as amplified, added to or superseded bySpecial Specifications, if any or as specified in the Bid document1.2.13Schedule of Rates of the Railway (SOR) shall mean the Schedule ofRates issued under the competent authority from time to time. 1.2.14Drawingsshall mean the maps, drawings, plans, tracings or prints thereof annexed tothe contract and shall include any modifications of such drawings and furtherdrawings as may be issued by the Manager from time to time.1.2.15Contractor shall mean the Person/Firm/Co-operative Society orCompany whether incorporated or not who enters into the contract with theRailway and shall include their executors, administrators, successors andpermitted assignees. 1.2.16Contract shall mean and include the Agreement ofWork Order, the accepted Schedule of Rates or the Schedule or Rates ofRailway modified by the bid percentage for items of works quantified, or notquantified, the General Conditions of Contract, the Special Conditions ofContracts, if any; the Drawings, the Specifications, the Special Specifications, ifany and Bid Forms, if any. 1.2.17Tools and plants shall mean all appliances orthings of whatsoever nature required for the execution, completion ormaintenance of the services. 1.2.18"Temporary Works" shall mean alltemporary works of every kind required for the execution completion and/ormaintenance of the services. 1.2.19Site shall mean the lands, spaces, trainsand other places on, under, in or through which the services are to be carriedout and any other lands or places provided by the Railway for the purpose ofthe contract. 1.2.20Period of Maintenance shall mean the specified period ofmaintenance from the date of completion of the works, as certified by theManager. 1.2.21Two Bid System / Two Packet System shall mean a system ofbid evaluation where there is simultaneous receipt of separate technical andfinancial bids. The technical evaluation of bids is completed first and thefinancial bids of only the technically responsive bids are opened, for furtherevaluation. This is the standard method to be adopted. 1.2.22Quality and CostBased Selection shall mean a system of bid evaluation where weightages areassigned to technical and financial criteria, wherein higher weightage isassigned to technical criteria based on the importance of quality of consultancyservices sought. The evaluation is made on the basis of combining theweighted scores for technical and financial criteria. 1.3Singular and Plural:Words importing the singular number shall also include the plural and viceversa, where the context requires.

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1.2

1.4Headings and Marginal Headings: The headings and marginal headings inthese general conditions are solely for the purpose of facilitating reference andshall not be deemed to be part thereof or be taken into consideration in theinterpretation or construction thereof or the contract. 1.5Use of PersonalPronouns: The form of personal pronouns adopted in this document in relationto bidders is 'she', 'her' etc. It shall be deemed to signify/include all persons(and objects) irrespective of the gender/sex.

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2

2.ELIGIBILITY OF BIDDERS AND BID EVALUATION: - 2.1Elements of ServiceContracts and Procedures thereof: 2.1.1Essential elements of a ServiceContracts: Service contracts are generally defined by scope, (e.g. servicesexpressed in terms of functions, processes, activities, or projects), governance(e.g., decision powers, roles and responsibilities), operations (e.g., day-to-dayoperating procedures), financial arrangements (e.g., fee structures, settlementarrangements), performance (e.g., expected outputs, levels of service,reporting) and implementation (e.g., activities, timelines, level of effort). Qualityof services and timely availability of services is essential for the satisfactoryperformance of a Service Contract. Bids/ Tenders have to be framed in such amanner in which these basic elements are ensured.

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2.1

2.2QUALIFICATION CRITERIA 2.2.1Eligible Applicant: 2.2.2.1The bids for thiscontract will be considered only from those bidders [proprietorship firms,partnership firms, companies, corporations, consortia or joint ventures (JVhereinafter) etc.] who meet requisite eligibility criteria. In the case of a JV orconsortium, all members of the group shall be jointly and severally liable forthe performance of whole contract. 2.2.2.2a) Bidder shall submit only one bidin the particular bidding process, either individually as a bidder or as a partnerof a J.V. A bidder who submits or participates in more than one bid will causeall of the proposals in which the bidder has participated to be disqualified. Nobidder can be a sub-contractor while submitting a bid individually or as apartner of a JV in the same bidding process. b) Any Central governmentdepartment/ Ministry of Railways must not have banned business with thebidder (any member in case of JV) as on the date of bid submission. c) If thebidder (any member in case of JV/consortium) must not have sufferedbankruptcy/insolvency during the last 5 years. The bidder should submit anundertaking to this effect as part of the bid. d) Bidders must not have a conflictof interest. Following shall be considered as conflict of interest in this biddingprocess: (I) If a bidder or her associates/affiliates (inclusive of parent firms)has been engaged by the Employer (Railways) to provide consulting servicesfor the preparation related to procurement or on implementation of the project.(II) If a bidder lends, or temporarily seconds its personnel to firms ororganizations which are engaged in consulting services for the preparationrelated to procurement for an implementation of the project, if the personnelwould be involved in any capacity on the same project. e) If the bidder or anyof its constituents has changed its name or created a new business entity ascovered by the definition of "Allied Firm" under para 1102 (iii) of Chapter XI ofIndian Railways Vigilance Manual, consequent to having been bannedbusiness dealings or suspended business dealings. 2.3Lead Partner/ Non -Substantial Partners/ Change In JV/ Consortium: 2.3.1One of the members ofthe JV firm shall be its Lead Member who shall have majority (at least 51%)share of interest in the JV firm .The other members shall have a share of notless than 20% each in case of JV firms with upto three members and not lessthan 10% each in case of JV firms with more than three members. In case ofJV firm with foreign member(s), the lead member has to be an Indian firm.2.3.2Once the bid is submitted, the MoU shall not be modified/altered/terminated during the validity of the bid. In case the bidder fails toobserve/comply with this stipulation, the full Earnest Money Deposit (EMD)shall be liable to be forfeited. 2.3.3Approval for change of constitution of JVfirm shall be at the sole discretion of the Employer (Railways). The constitutionof the JV firm shall not be allowed to be modified after submission of the bid bythe JV firm, except when modification becomes inevitable due to successionlaws etc. and in any case the minimum eligibility criteria should not get vitiated.However, the Lead Member shall continue to be the Lead Member of the JVfirm. Failure to observe this requirement would render the offer invalid.

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2.2

2.3.4Similarly, after the contract is awarded, the constitution of JV firm shallnot be allowed to be altered during the currency of contract except whenmodification become inevitable due to succession laws etc. and in any casethe minimum eligibility criteria should not get vitiated. Failure to observe thisstipulation shall be deemed to be breach of contract with all consequentialpenal action as per contract conditions. 2.4Joint Venture (JV) Firms in Bids:(Not applicable in this tender) 2.4.1Participation of Joint Venture (JV) Firms inService Bids: This clause shall be applicable in the bids, where participation ofJV has been allowed as per bid document. 2.4.1.1Separate identity/name shallbe given to the Joint Venture firm. 2.4.1.2Number of members in a JV firmshall not be more than three, if the service involves only one department (sayMechanical or Commercial or Medical) and shall not be more than five, if thework involves more than one department. 2.4.1.3A member of JV firm shall notbe permitted to participate either in individual capacity or as a member ofanother firm in the same bid. 2.4.1.4 The bid form shall be purchased andsubmitted only in the name of the JV firm and not in the name of anyconstituent member. 2.4.1.5Normally Earnest Money Deposit (EMD) shall besubmitted only in the name of the JV firm and not in the name of constituentmember. However, in exceptional cases, EMD in the name of Lead Membercan be accepted subject to submission of specific request letter from LeadMember stating the reasons for not submitting EMD in the name of JV Firmand giving written confirmation from JV members to the effect that EMDsubmitted by the Lead Member may be deemed as EMD submitted by JV firm.2.4.1.6A copy of Memorandum of Understanding (MoU) executed by the JVmembers shall be submitted by the JV firm along with the bid. The completedetails of the members of the JV firm, their share and responsibility in the JVfirm etc. particularly with reference to financial, technical and other obligationsshall be furnished in the MoU. 2.4.1.7On award of contract to a JV firm,Performance Guarantees shall be submitted by the JV firm as per clause 4.11.All the Guarantees like Performance Guarantee, Bank Guarantee forMobilization Advance, Machinery Advance etc. shall be accepted only in thename of the JV firm and no splitting of guarantees amongst the members oftheJV firm shall be permitted. 2.4.1.8 On issue of LOA (Letter of Acceptance),an agreement among the members of the JV firm (to whom the work has beenawarded) shall be executed and got registered before the Registrar of theCompanies under Companies Act or before the Registrar/Sub-Registrar underthe Registration Act, 1908. This JV Agreement shall be submitted by the JVfirm to the Railways before signing the contract agreement for the service. Incase the bidder fails to observe/comply with this stipulation, the full EarnestMoney Deposit (EMD) shall be forfeited and other penal actions due shall betaken against partners of the JV and the JV. This Joint Venture Agreementshall have, inter-alia, following clauses:

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2.3

(a) Joint and Several Liability - Members of the JV firm to which the contract isawarded, shall be jointly and severally liable to the Employer (Railways) fordelivery of service in accordance with General and Special Conditions ofContract. The JV members shall also be liable jointly and severally for the loss,damages caused to the Railways during the course of execution of thecontract or due to non-execution of the contract or part thereof. (b) Duration ofthe Joint Venture Agreement- It shall be valid during the entire currency of thecontract including the period of extension, if any and the maintenance periodafter the service is completed. c) Governing Laws- The Joint VentureAgreement shall in all respect be governed by and interpreted in accordancewith Indian laws. 2.4.1.9Authorized Member -Joint Venture members shallauthorize one of the members on behalf of the Joint Venture firm to deal withthe bid, sign the agreement or enter into contract in respect of the said bid, toreceive payment, to witness joint measurement of work done, to signmeasurement books and similar such action in respect of the said bid/contract.All notices/correspondences with respect to the contract would be sent only tothis authorized member of the JV firm. 2.4.1.10No member of the JointVenture firm shall have the right to assign or transfer the interest right orliability in the contract without the written consent of the other members andthat of the employer (Railways) in respect of the said bid/contract.2.4.1.11Documents to be enclosed by the JV firm along with the bid:2.4.1.11.1In case one or more of the members of the JV firm is/arepartnership firm(s),following documents shall be submitted: (a) Notary certifiedcopy of the Partnership Deed, (b) Consent of all the partners to enter into theJoint Venture Agreement on a stamp paper of appropriate value (in original).(c) Power of Attorney (duly registered as per prevailing law) in favour of one ofthe partners of the partnership firm to sign the JV Agreement on behalf of thepartnership firm and create liability against the firm. 2.4.1.11.2In case one ormore members is/are Proprietary Firm or HUF, the following documents shallbe enclosed: Affidavit on Stamp Paper of appropriate value declaring thathis/her Concern is a Proprietary Concern and he/she is sole proprietor of theConcern OR he/she is in position of "KARTA" of Hindu Undivided Family (HUF)and he/she has the authority, power and consent given by other partners toact on behalf of HUF. 2.4.1.11.3In case one or more members is/ are limitedcompanies, the following documents shall be submitted: (a) Notary certifiedcopy of resolutions of the Directors of the company, permitting the company toenter into a JV agreement, authorizing MD or one of the Directors orManagers of the Company to sign JV Agreement, such other documentsrequired to be signed on behalf of the company and enter into liability againstthe company and/or do any other act on behalf of the company. (b) Copy ofMemorandum and Articles of Association of the company. (c) Power ofAttorney (duly registered as per prevailing law) by the Company authorizingthe person to do/act mentioned in the Para (a) above.

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2.4

2.4.1.11.4All the members of JV shall certify that they are not blacklisted ordebarred by Railways or any other Ministry / Department / PSU (Public SectorUndertaking) of the Govt. of India/ State Govt. from participation inbids/contract on the date of opening of bids either in their individual capacity oras a member of the JV firm in which they were/are members.2.5Disqualification of Bidders: 2.5.1Employment / Partnership etc. of RetiredRailway Employees 2.5.1.1 (a) Should a Bidder be a retired Manager of thegazetted rank or any other Gazetted Officer working before her retirement,whether in the executive or administrative capacity or whether holding apensionable post or not, in any department of any of the railways owned andadministered by the President of India for the time being, or (b) Should abidder being partnership firm have as one of its partners a retired Manager orretired Gazetted Officer as aforesaid, or (c) Should a bidder being anincorporated company have any such retired Manager or retired officer as oneof its Directors or (d) Should a bidder have in her employment any retiredManager or retired Gazetted Officer as aforesaid, then the full information asto the date of retirement of such Manager or Gazetted Officer from the saidservice and in case where such Manager or Officer had not retired fromgovernment service at least one year prior to the date of submission of the bidas to whether permission for taking such contract, or if the contractor be apartnership firm or an incorporated company, to become a partner or Directoras the case may be, or to take the employment under the contractor, has beenobtained by the bidder or the Manager or officer, as the case may be from thePresident of India or any officer, duly authorized by her in this behalf, shall beclearly stated in writing at the time of submitting the bid. Bids without theinformation above referred to or a statement to the effect that no such retiredManager or retired Gazetted Officer is so associated with the bidder, as thecase may be, shall be rejected. 2.5.2Should a bidder or contractor being anindividual on the list of approved contractors, have a relative(s) or in the caseof partnership firm or company of contractors one or more of hershareholder(s) or a relative(s) of the shareholder(s) employed in gazettecapacity in any department of Indian Railway, the authority inviting bids shallbe informed of the fact at the time of submission of bid, failing which the bidmay be disqualified/rejected or if such fact subsequently comes to light, thecontract may be rescinded in accordance with the provision in clause 7.4 ofthe General Conditions of Contract. 2.5.2.1 If the bidder or any of itsconstituents has been levied with a penalty for violation of labour laws for threetimes in the last two years (from the date of opening of tender) by theappropriate enforcing agency like the Labour Commissioner etc. 2.5.2.2Thecontractor shall be disqualified from participating in the bidding for services ina Railway division, (i) If any previous contract of the bidder or any of itsconstituents had been terminated under clause 7.4 in that Railway division,with in the previous 2 years from date of submission of bids.

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2.5

(ii) In that Railway division, the bidder or any of its constituents has beenimposed a penalty equivalent to the maximum penalty that can be imposedunder a previous contract, such a figure being specified, with in the previous 2years from date of submission of bids. (Period of 2 years shall be reckonedfrom the date on which the total accrued amount of penalties has reached themaximum penalty that can be imposed under the contract, as specified by thecompetent authority). The declaration to this effect shall be furnished by thecontractor as a part of his bid document. In case this declaration is found to befalse, process for 'banning of business' against the bidder/contractor shall beinitiated as per extent rules. 2.6Bid Evaluation System Evaluation of the bidsshall be done as per single packet system, which comprised followingminimum eligibility criteria: 2.6.1Minimum Eligibility Criteria 2.6.1.1WorkExperience: The bidder should have satisfactorily completed *in the last threeprevious financial years and the current financial year up to the date ofopening of the tender, one similar single service contract** for a minimum of35% of advertised value of the bid. *Completed service contract includes on-going service contract subject to payment of bills amounting to at least 35% ofthe advertised value of the bid. ** Similar service contract means any contractfor work of "Tenderers having experience / competence of similar worksexecuted by him/them in railway / PSUs/ other Govt. /Semi govt. Agencies,involving in any work related to supply of labours with in scope of contractorslabour (Registration & Abolition) Act. 1970" Work experience certificate fromprivate individual shall not be accepted. Certificate from public listedcompany/private company/Trusts having annual turnover of Rs 500 crore andabove subject to the same being issued from their Head Office by a person ofthe company duly enclosing his authorization by the Management for issuingsuch credentials. Note - The bidder shall submit details of work executed bythem in the prescribed format along with bid for the service contracts to beconsidered for qualification of work experience criteria clearly indicating thenature/scope of contract, actual completion cost and actual date of completionfor such contract. 2.6.1.2Financial Standing: The Bidders will be qualified onlyif they have minimum financial capabilities as below- (i)T1- Financial Turnover:The bidder should have an aggregate financial turnover not less than 1.5times the advertised bid value during the last three previous financial yearsand in the current financial year upto the date of opening of the tender. Theaudited balance sheet reflecting financial turnover certified by charteredaccountant with her stamp, signature and membership number shall beconsidered. T2-Liquidity: The bidder should have access to or has availableliquid assets, lines of credit and other financial means to meet cash flow that isvalued at 5% of the estimated bid value net of applicant's commitments forother contracts. The audited balance sheet and/or banking reference certifiedby chartered accountant with her stamp, signature and membership numbershall be submitted by the bidder along with bid.

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2.6

Banking reference should contain in clear terms the amount that bank will bein a position to lend for this work to the applicant/member of the JointVenture/Consortium. In case the Net Current Assets (as seen from thebalance sheets) are negative, only the banking references will be considered.Otherwise the aggregate of the Net Current Assets and submitted bankingreferences will be considered for working out the Liquidity. The bankingreference should be from a Scheduled bank in India and it should not be morethan 3 months old as on date of submission of bids. (Sample format attachedat annexure G6). In case of JV firms overall liquidity of JV firm shall beassessed by arithmetic sum of liquidity of all members of JV. 2.6.2. Evaluationof Technical Bid: 2.6.2.1Bidder's Credentials: 2.6.2.1.1The bidder shall submitalong with the bid document, documents in support of their claim to fulfill theminimum eligibility criteria as mentioned in the bid. 2.6.2.1.2Each page of thecopy of documents / certificates in support of credentials, submitted by thebidder, shall be self-attested by the bidder or authorized representative of thebidding firm. Self-attestation shall include signature, stamp and date (on eachpage). Only those documents will be considered for evaluating bid, which areduly self-attested as above. 2.6.2.1.3The bidders shall submit an affidavit on astamp paper to the effect that all the documents submitted by her along withher bid are true. This shall be mandatory in all bids. (Affidavit format should bestrictly as per format at Annexure G5). The bid shall be summarily rejected ifthe bidder fails to submit this undertaking along with the bid. After opening thefinancial bid, the tender committee shall verify the credentials of the bidderwho is declared as the lowest bidder (L1) for their authenticity. In case thecredentials of L1 are not found to be in order, her bid shall be treated astechnically unresponsive and thus invalid. The process shall be repeated forthe next higher bidder till the valid L1 is established. If any document (or copythereof) submitted by a bidder is found to be false / forged: (a) The bidder /each partner / member of the bidding firm shall be liable to legal actions apartfrom punitive actions, as decided by competent authority of Railways. In suchan eventuality, the bid shall also be summarily rejected. (b) If the contract hasalready been awarded, or Letter of Acceptance (LOA) has been issued and inthe event of any failure to comply with the above, the contract shall beterminated, irrespective of the stage of progress in execution of the work. Insuch an eventuality, Security Deposit (SD), Performance Guarantee (PG) andpartial /full payments otherwise due to the contractor, in respect of the partial/full work executed by the contractor, shall be forfeited by the Railways. (c)Other punitive actions, like banning the bidder and partners / members of thebiding firm for future dealings with Indian Railways and / or the Government ofIndia may also be taken by the Railway / Govt. of India authorities.

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2.7

2.6.3Evaluation of Financial Bid: The financial proposal shall be evaluated todetermine the lowest bidder. In case, the evaluated financial offers of two ormore technically qualified bidders are Lowest and same, then the Bid of thebidder who is technically more sound as per laid down norms in GCC forservice contracts (having scored higher marks in evaluation of technical bid asper clause 2.6.1.3) shall be considered as the lowest. If the marks in theevaluation of technical bids of the lowest bidders are also found to be equal,then the bid of the bidder with the higher cumulative annual financial turnoverover the last three years and the current financial year shall be considered asthe lowest. 2.7Application for Registration for Approved List of Vendors - Notapplicable in instant tender. 2.7.1Contracts for provision of services shall beentrusted for execution to contractors whose capabilities and financial statushave been investigated and approved to the satisfaction of the Railway. Forthis purpose, a list of approved contractors for each category of services maybe maintained in the Railway. The said list is to be revised periodically once ina year or so by giving wide publicity through advertisements etc. A contractorincluding a contractor who is already on the approved list shall apply to thecompetent authority furnishing particulars regarding: (a) Her position as anindependent contractor specifying the organization available with details orPartners/Staff employed with qualifications and experience. (b) Her capacity toundertake and carry out services satisfactorily as vouched for by a responsibleofficial or firm, with details about the transport equipment, tools and plants etc.,required for the work maintained by her. (c) Her previous experience ofservices rendered similar to that to be contracted for, in proof of which originalcertificates or testimonials may be called for and their genuineness verified, ifneed be, by reference to the signatories there of (d) Her financial position.2.7.2An applicant shall clearly state the categories of services and the Area /Zone / Division(s) / District(s) in which she desires registration in the list ofapproved contractors. 2.7.3The selection of contractors for enlistment in theapproved list would be done by a committee for different value slabs asnotified by Railway. The term for this approved list to be in force will also bedetermined by the competent authority in Indian Railways. 2.7.4An annual feeas prescribed by the Railway from time to time would be charged from suchapproved contractors to cover the cost of sending notices to them and cleragefor bids etc. 2.8Right of Railway to Deal with Bids The Railway reserves theright of not to invite bids for any of railway service/s and when bids are calledto accept a bid in whole or in part or reject any bid or all bids without assigningreasons for any such action. The authority for the acceptance of the bid willrest with the Railway. It shall not be obligatory on the said authority to acceptthe lowest bid or any other bid and no bidder(s) shall demand any explanationfor the cause of rejection of their bid nor the Railway to assign reasons fordeclining to consider or reject any particular bid/s.

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2.8

2.8.1If the bidder(s) deliberately gives / give wrong information in her / theirtender or creates / create circumstances for the acceptance of her /theirtender, the Railway reserves the right to reject such tender at any stage.2.8.2If the bidder(s) expire(s) after the submission of her /their tender or afterthe acceptance of her / their tender, the Railway shall deem such tendercancelled. If a partner of a firm expires after the submission of their tender orafter the acceptance of their tender, the Railway shall deem such tender ascancelled, unless the firm retains its character. 2.8.3If the bidder, whose bidhas been found to be the lowest evaluated bid withdraws or whose bid hasbeen accepted, falls to sign the procurement contract as may be required, orfalls to provide the security as may be required for the performance of thecontract or otherwise withdraws from the procurement process, the ProcuringEntity shall cancel the procurement process. Provided that the ProcuringEntity, on being satisfied that it is not a case of cartelization and the integrity ofthe procurement process has been maintained, may, for cogent reasons to berecorded in writing, offer the next successful bidder an opportunity to matchthe financial bid of the first successful bidder, and if the offer is accepted,award the contract to the next successful bidder at the price bid of the firstsuccessful bidder. This clause shall not be applicable for Consultancycontracts.

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3

3.BID DOCUMENTATION 3.1Bid (Tender) Form: Bid (Tender) forms shallembody the contents of the contract documents either directly or by reference.Bid forms shall be issued on payment of the prescribed fee to the appropriatecontractors on the list of approved contractors. Contractors not on the list ofapproved contractors, will on payment of the prescribed fees, be furnishedwith bid forms and they shall be required to submit evidence regarding theirfinancial status, previous experience and ability to execute the works. MSEsregistered with District Industries Centers, Khadi and Village IndustriesCommission, Khadi and Village Industries Board, Coir Board, National SmallIndustries Corporation, Directorate of Handicraft and Handloom, any otherbody specified by Ministry of MSME or Startups as recognized by Departmentof Industrial policy & Promotion shall be supplied such bid documents free ofcost on confirmation (photocopy/ Xerox copy) of their evidence to this effect.3.2Omissions & Discrepancies Should a bidder find discrepancies in oromissions from the drawings or any of the bid forms or should she be in doubtas to their meaning, she should at once notify the authority inviting Bidderswho may send a written instruction to all the bidders. It shall be understoodthat every Endeavour has been made to avoid any error which can materiallyaffect the basis of tender and successful bidder shall take upon herself andprovide for the risk of any error which may subsequently be discovered andshall make no subsequent claim on account thereof. 3.3Earnest Money3.3.1The bidder shall be required to deposit earnest money with the bid for thedue performance with the stipulation to keep the offer open till such date asspecified in the bid, under the conditions of bid.The earnest money shall be asunder- Value of the WorkEarnest Money Deposit (EMD) a) For works /services estimated to cost up to Rs. 1 crore 2% of the estimated cost of thework b) For works/ services estimated to cost more than Rs. 1 croreRs. 2 lakhplus 1/2% (half percent) of the excess of the estimated cost of work beyondRs. 1 crore subject to a maximum Rs. 1 Crore. Note: The earnest money shallbe rounded to the nearest Rs.10. This earnest money shall be applicable forall modes of bidding. MSEs registered with District Industries Centers, Khadiand Village Industries Commission, Khadi and Village Industries Board, CoirBoard, National Small Industries Corporation, Directorate of Handicraft andHandloom, any other body specified by Ministry of MSME or Startups asrecognized by Department of Industrial policy& Promotion shall be exemptedfrom payment of minimum EMD detailed in the bid. 3.3.2It shall be understoodthat the bid documents have been sold/issued to the bidder and the bidder ispermitted to bid in consideration of stipulation on their part, that aftersubmitting her bid she will not resale from her/their offer or modify the termsand conditions thereof in a manner not acceptable to the Manager. Should theBidder fail to observe or comply with the said stipulation, the aforesaid amountshall be liable to be forfeited to the Railway.

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3.1

3.5Execution of Contract Document: The bidder whose bid is accepted shallbe required to appear in person at the office of concerned Manager, as thecase may be, or if a firm or corporation, a duly authorized representative shallso appear and execute the contract document within 7 days after receipt ofnotice issued by the Railway that such documents are ready; and failure to doso shall constitute a breach of the agreement affected by the acceptance ofthe bid in which case the Railway may determine that such bidder hasabandoned the contract and there upon her bid and acceptance thereof shallbe treated as cancelled and the Railway shall be entitled to forfeit the fullamount of the Earnest Money of the bid and performance guarantees for thebid available with the Railway. 3.6Form of Contract Document: Every contractshall be complete in respect of the document it shall so constitute. Not lessthan 5 copies of the contract document shall be signed by the competentauthority and the contractor - one copy given to the contractor, one copy forthe finance department and one copy for the contract manager. The form ofcontract document shall be provided in the tender/bid documents for everyindividual work. Specimen Agreement forms are placed as Annexure-Ill.

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3.2

3.3.3If her bid is accepted, this earnest money mentioned in sub clause 3.3.1above will be returned to the successful bidder after the submission andverification of the Performance Guarantees as per Clause 4.11 of the GeneralConditions of Contract for service. The Earnest Money of other Bidders shall,save as herein before provided, be returned to them, but the Railway shall notbe responsible for any loss or depreciation that may happen thereto while intheir possession, nor be liable to pay interest thereon. 3.3.4The EarnestMoney should be demanded in the form and manner as per the latestinstructions issued by the Railway Board from time to time. 3.4Care inSubmission of Bids: 3.4.1Before submitting a bid, the bidder shall be deemedto have satisfied herself by actual inspection of the site and locality of theservices, that all conditions liable to be encountered during the delivery of theservices are taken into account and that the rates she enters in the bid formsare adequate and all-inclusive to accord with the provisions in clause 4.42 ofthe General Conditions of Contract for the delivery of services to the entiresatisfaction of the Manager. 3.4.2When the service is bidded for, by a firm or acompany of contractors, the bid shall be signed by the individual legallyauthorized to enter into commitments on their behalf. 3.4.3Railway shall not bebound by any power of attorney granted by the bidder or by changes in thecomposition of the firm made subsequent to the execution of the contract. Itmay, however, recognize such power of attorney and changes after obtainingproper legal advice, the cost of which will be chargeable to the contractor.

No No Not Allowed

4

4.GENERAL OBLIGATIONS: 4.1Execution Co-Relation and Intent of ContractDocuments The contract documents shall be signed in triplicate by the Railwayand the contractor. The contract documents are complementary and what iscalled for by anyone shall be as binding as if called for by all. The intention ofthe documents is to include all labour and materials, equipment andtransportation necessary for proper execution of the services. Materials orworks/services not covered by or properly inferable from any heading or classof the specifications shall not be supplied by the Railway to the contractorsunless distinctly specified in the contract documents. Materials orworks/services described in words which so applied have a well-knowntechnical or trade meaning shall be held to refer to such recognized standards.4.1.1If a service is transferred from the jurisdiction of one Railway to anotherRailway or to a Project Authority or vice versa while contract is in subsistence,the contract shall be binding on the contractor and the SuccessorRailway/Project in the same manner & take effect in all respects as if thecontractor and the Successor Railway/Project were parties thereto from theinception and the corresponding officer or the Competent Authority in theSuccessor Railway/Project will exercise the same powers and enjoy the sameauthority as conferred to the Predecessor Railway/Project under the originalcontract/agreement entered into. 4.1.2If for administrative or other reasons thecontract is transferred to the Successor Railway, the contract shall,notwithstanding any things contained herein contrary there to, be binding onthe contractor and the Successor Railway in the same manner and take effectin all respects as if the contractor and the Successor Railway had been partiesthereto from the date of this contract.

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4.1

4.2Law Governing the Contract The contract shall be governed by the law forthe time being in force in the Republic of India. 4.2.1 Compliance toRegulations and Bye-Laws. The contractor shall conform to the provision ofany statute relating to the services and regulations and bye-laws of any localauthority and of any water, drainage and lighting companies or undertakings,with whose system the services are proposed to be provided and shall beforemaking any variation from the drawings or the specifications that may benecessitated by so confirming give to the Manager notice specifying thevariation proposed to be made and the reason for making the variation andshall not carry out such variation until she has received instructions from theManager in respect thereof. The contractor shall be bound to give all noticesrequired by statute, regulations or bye-laws as aforesaid and to pay all feesand taxes payable to any authority in respect thereof. 4.2.2 Communicationsto be in Writing All notices, communication, reference and complaints made bythe Railway or the Manager or the Manager's Representative or the contractorinter se concerning the works/services shall be in writing and no notice,communication, reference or complaint not in writing shall be recognized.4.3Service of Notices on Contractors The contractor shall furnish to theManager the name, designation and address of her authorized agent and allcomplaints, notices, communications and references shall be deemed to havebeen duly given to the contractor, if delivered to the contractor or herauthorized agent or left at or posted to the address so given and shall bedeemed to have been so given in the case of posting on day on which theywould have reached such address in the ordinary course of post or on the dayon 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 theContractor to the Manager. 4.4Occupation and Use of Land No land belongingto or in the possession of the Railway shall be occupied by the contractorwithout the permission of the Railway. The contractor shall not use, or allow tobe used, the site for any purposes other than that of executing, or in relation tothe execution of the services. 4.5Assignment or Subletting of Contract Thecontractor shall not assign or sublet the contract or any part thereof or allowany person to become interested therein in any manner whatsoever withoutthe special permission in writing of the Railway. Any breach of this conditionshall entitle the Railway to rescind the contract under clause 7.4 of theseConditions and also render the contractor liable for payment to the Railway inrespect of any loss or damage arising or ensuing from such cancellation. Thepermitted subletting of services by the contractor shall not establish anycontractual relationship between the sub-contractor and the Railway and shallnot relieve the contractor of any responsibility under the contract.

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4.2

4.6Railway Passes No free Railway passes shall be issued by the Railway tothe contractor or any of her employees/ workers. Wherever required 'authorityfor entering restricted area or 'authority for on board services' shall beprovided. 4.7Carriage of Materials No forwarding orders shall be issued by theRailway for the conveyance of contractor's materials, tools and plant by Railwhich may be required for use in the services and the contractor shall pay fullfreight charges at public tariff rates therefor. 4.8Representation on Site Thecontractor shall, when she is not personally present on the site of the workplace, keep a responsible agent during working hours who shall on receivingreasonable notice, present herself to the Manager, and orders given by theManager or the Manager's representative to the agent shall be deemed tohave the same force as if they had been given to the contractor. Beforeabsenting herself, the contractor shall furnish the name and address of heragent for the purpose of this clause and failure on the part of the contractor tocomply with this provision at any time will entitle the Railway to rescind thecontract under clause 7.4 of these Conditions. 4.9Relics, Treasures, Lost andFound: All gold, silver, oil and other minerals of any description and allprecious stones, coins, treasures, relics antiquities, lost and found etc. whichshall be found in or upon the site shall be the property of the Railway and thecontractor shall duly preserve the same to the satisfaction of the Railway andshall from time to time deliver the same to such person or persons as theRailway may appoint to receive the same. 4.10Indemnity by Contractors: Thecontractor shall indemnify and save harmless the Railway, from and against,all actions, suit proceedings, losses, costs, damages, charges, claims anddemands of every nature and description brought or recovered against theRailways by reason of any act or omission of the contractor, her agents oremployees, in the execution of the services/works wherever applicable or inher guarding of the same. All sums payable by way of compensation underany of these conditions shall be considered as reasonable compensation to beapplied to the actual loss or damage sustained, and whether or not anydamage shall have been sustained.

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4.3

4.11 Performance Guarantee 4.11.1Performance Guarantee at a rate of 10%of the contractual value shall be deposited by the successful bidder. Thesuccessful bidder shall have to submit a Performance Guarantee (PG) valuing10% of the contract value in four separate parts of 2.5 % each of the contractvalue, within 30 (thirty) days from the date of issue of Letter of Acceptance(LoA). Extension of time for submission of PG beyond 30 (thirty) days and uptothe date of submission of PG from the date of issue of LOA may be given bythe authority who is competent to sign the contract agreement. However, apenal interest of 15% per annum shall be charged for the delay beyond 30days, i.e. from 31st day after the date of issue of LOA. In case the contractorfails to submit the requisite PG after 60 days from the date of issue of LOA, anotice shall be served to the contractor to deposit the PG immediately howevernot exceeding 90 days from the date of issue of LOA. In case the contractorfails to submit the requisite PG even after 90 days from the date of issue ofLOA, the contract shall be terminated duly forfeiting EMD and other dues, ifany payable against that contract. The failed contractor shall be debarred fromparticipating in retender for that work. In case 60th day is a bank holiday oroffice closure next working day should be considered as the last day forsubmission of the PGs. Decision of Authority competent to sign the ContractAgreement would be final in case of any dispute. 4.11.2The value of PG to besubmitted by the, contractor will not change for variation up to 25% (eitherincrease or decrease). In case during the course of execution, value of thecontract increases by more than 25% of the original contract value, anadditional Performance Guarantee amounting to 10% (ten percent) for theexcess value over the original contract value shall be deposited in four equalparts by the contractor. On the other hand, if the value of contract decreasesby more than 25% of the original contract value, Performance Guaranteeamounting to 10% of the decrease in the contract value shall be returned tocontractor. The PG amount in excess of required PG for decreased contractvalue, available with Railways shall be returned to the contractor dulysafeguarding the interest of Railways. 4.11.3The applicable PerformanceGuarantee shall be calculated as per the revised value of the contract coveringall variations up to the determination of the contract. 4.11.4If the penaltyimposed exceeds 50% of the applicable maximum penalty (as per the revisedvalue of the contract), a PG equivalent to 25% of the applicable PG shall beforfeited. If the penalty imposed exceeds 75% of the applicable maximumpenalty, a PG equivalent to 50% of the applicable PG shall be forfeited. ThePGs shall be encashed after the completion of the contract. 4.11.5Thesuccessful bidder shall submit the Performance Guarantees (PG) in any of thefollowing forms, amounting to 10% of the contract value -

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4.4

(a) A deposit of cash; (b) Irrevocable Bank Guarantee; (c) GovernmentSecurities including State Loan Bonds at 5% below the market value; (d)Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. Theseforms of Performance Guarantee could be either of the State Bank of India orof any of the Nationalized Banks; (e) Guarantee Bonds executed or DepositsReceipts tendered by all Scheduled Banks; (f) A Deposit in the Post OfficeSaving Bank; (g) A Deposit in the National Savings Certificates; (h) Twelveyears National Defense Certificates; (i) Ten years Defense Deposits; (j)National Defense Bonds and (k) Unit Trust Certificates at 5% below marketvalue or at the face value whichever is less. Also, FDR in favour of FA&CAO(free from any encumbrance) may be accepted. Note - The instruments aslisted above will also be acceptable for Guarantees in case of MobilizationAdvance. 4.11.6The Performance Guarantees shall be submitted by thesuccessful bidder after the Letter of Acceptance (LOA) has been issued, butbefore signing of the contract agreement. These PGs shall be initially valid upto the stipulated date of completion and maintenance period, if any plus 60days beyond that. In case, the time for completion of service gets extended,the contractor shall get the validity of PGs extended to cover such extendedtime for completion and maintenance period, if any of service plus 60 days.4.11.7The Performance Guarantees (PGs) shall be released after physicalcompletion of the work/ service delivery based on 'Completion Certificate'issued by the competent authority stating that the contractor has completedthe assigned services in all respects satisfactorily and passing of final billbased on "No Claims Certificate" from the contractor. In case any contractprovides for warranty/maintenance clause then 25% of the PerformanceGuarantee would be retained till the warranty/maintenance period is over anda certificate to that effect is issued by the Manager. 4.11.8Whenever thecontract is rescinded, the Performance Guarantees shall be encashed/forfeited. The balance work or services for the same shall be got doneindependently without risk & cost of the failed contractor. The failed contractorshall be debarred for a period of 2 years from the date of such rescindmentfrom participating in the bid which includes delivery of balance services offailed contract. If the failed contractor is a Partnership firm, then everymember/ partner of such a firm shall be debarred for a period of 2 years fromthe date of such rescindment from participating in the bid which includesdelivery of balance services of failed contract in his/her individual capacity.

No No Not Allowed

4.5

4.11.9The Manager shall not make a claim under the Performance Guaranteeexcept for amounts to which the President of India is entitled under thecontract (not withstanding and/or without prejudice to any other provisions inthe contract agreement) in the event of- a) Failure by the contractor to extendthe validity of the Performance Guarantee as described herein above, in whichevent the Manager may claim the full amount of the Performance Guarantee.b) Failure by the contractor to pay President of India any amount due, eitheras agreed by the contractor or determined under any of the clauses/conditionsof the Agreement, within 30 days of the service of notice to this effect byManager. c) The contract being determined or rescinded under provision ofthe GCC, the Performance Guarantee shall be forfeited in full and shall beabsolutely at the disposal of the President of India.

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4.6

4.12Force Majeure If at any time, during the continuance of this contract, theperformance in whole or in part by either party of any obligation under thiscontract shall be prevented or delayed by reason of any war, hostility, acts ofpublic enemy, civil commotion, sabotage, serious loss or damage by fire,explosions, epidemics, strikes, lockouts or acts of God (hereinafter, referred toevents) provided, notice of thehappening of any such event is given by eitherparty to the other within 7 days from the date of occurrence thereof, neitherparty shall by reason of such event, be entitled to terminate this contract norshall either party have any claim for damages against the other in respect ofsuch nonperformance or delay in performance, and works/services under thecontract shall be resumed as soon as practicable after such event has come toan end or ceased to exist, and the decision of the Manager as to whether theworks/ services have been so resumed or not shall be final and conclusive,PROVIDED FURTHER that if the performance in whole or in part of anyobligation under this contract is prevented or delayed by reason of any suchevent for a period exceeding 120 days, either party may at its option terminatethe contract by giving notice to the other party. 4.13 Illegal Gratification4.13.1Any bribe, commission, gift or advantage given, promised or offered byor on behalf to the contractor or her partner, agent or servant or, anyone onher behalf, to any officer or employee of the Railway, or to any person on herbehalf in relation to obtaining or execution of this or any other contract with theRailway shall, in addition to any criminal liability which she may incur, subjectcontractor to the rescission of the contract and all other contracts with theRailway and to the payment of any loss or damage resulting from suchdecision and the Railway shall be entitled to deduct the amounts so payablefrom any moneys due to the contractor(s) under this contract or any othercontracts with the Railway. 4.13.2The contractor shall not lend or borrow fromor have or enter into any monetary dealings or transactions either directly orindirectly with any employee of the Railway and if she shall do so, the Railwayshall be entitled forthwith to rescind the contract and all other contracts withthe Railway. Any question or dispute as to the commission or any such offenceor compensation payable to the Railway under this clause shall be settled bythe General Manager of the Railway, in such a manner as she shall considerfit & sufficient and her decision shall be final & conclusive. In the event ofrescission of the contract under this clause, the contractor will not be paid anycompensation whatsoever except payments for the work/ services renderedupto the date of rescission. 4.14Contractor's Understanding It is understoodand agreed that the contractor has, by careful examination, satisfied herself asto the nature, scope and location of the services, the type / character ofequipment and facilities needed preliminary to, and during the progress of theservices, the general and local conditions, the labour conditions prevailingtherein and all other matters which can in any way affect the services underthe contract.

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4.7

4.15Commencement of Services The contractor shall commence the serviceswithin 30 days after the receipt by her of an order in writing to this effect fromthe Manager or as directed by the Manager and shall proceed with the samewith due expedition and without delay. 4.16Accepted Programme Thecontractor shall submit schedule of delivery of services, the details oforganization (in terms of labour and supervisors) plant and machinery that sheintends to utilize (from time to time) for execution of the services. Theprogramme of delivery of services amended as necessary by discussions withthe Manager shall be treated as the agreed programme of the delivery ofservices for the purpose of this contract and the contractor shall endeavor tofulfill this programme of delivery of services. The progress of delivery ofservices shall be watched accordingly. 4.17Compliance to Manager'sInstruction: The Manager shall direct the order in which the severalcomponents of the services shall be provided and the contractor shall executewithout delay all orders given by the Manager from time to time; but thecontractor shall not be relieved thereby from responsibility for the dueperformance of the services in all respects.4.17.1In cases, where performanceor/and quality of services is/are found to be dissatisfactory, Manager or hisrepresentatives shall impose penalty as mentioned in bid document, subject tocumulative penalty for such dissatisfactory performance or/and quality ofservices does not exceeds 10% of original contract value or as prescribed inthe bid document. 4.18Alterations to be Authorized No alterations in oradditions to or omissions or abandonment of any part of the services shall bedeemed authorized, except under instructions from the Manager, and thecontractor shall be responsible to obtain such instructions in each and everycase in writing from the Manager. 4.19Extra Services Should services overand above those included in the contract require to be provided at the site, thecontractor shall have no right to be entrusted with the execution of suchworks/services which may be carried out by another contractor or contractorsor by other means at the option of the Railway. 4.20Separate Contracts inConnection with Services The Railway shall have the right to let othercontracts in connection with the works/services. The contractor shall affordother contractors reasonable opportunity for the storage of their materials andthe execution of their works/services and shall properly connect andcoordinate her work/services with theirs. If any part of the contractor'sworks/services depends for proper execution or result upon the works/servicesof another contractor(s), the contractor shall inspect and promptly report to theManager any defects in such works/ services that render it unsuitable for suchproper execution and results. The contractor's failure so to inspect and reportshall constitute an acceptance of the other contractor's work as fit and properfor the reception of her services, except as to defects which may develop inthe other contractor's work after the execution of her work.

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4.8

4.21Instructions of Manager's Representative Any instructions or approvalgiven by the Manager's representative to contractor in connection with theservices shall bind the contractor as though it had been given by the Managerprovided always as follows - (a) Failure of the Manager's representative todisapprove any work/ services or materials shall not prejudice the power of theManager thereafter to disapprove such services or material and to order therectification thereof. (b) If the contractor shall be dissatisfied by reason of anydecision of the Manager's representative, she shall be entitled to refer thematter to the Manager who shall there upon confirm or vary such decision.4.22Adherence to Specifications and Drawings The whole of the works/services shall be executed in perfect conformity with the specifications andprocedures (and drawings, wherever applicable) of the contract. If thecontractor performs any act in a manner contrary to the specifications ordrawings or any of them and without such reference to the manager, she shallbear all the costs arising or ensuing there from and shall be responsible for allloss to the Railway. 4.22.1Drawings and Specifications of the Works: Thecontractor shall keep one copy of procedures and specifications at the site, ingood order, and such contract documents as may be necessary, available tothe Manager or the Manager's representative. 4.22.2Ownership of ProprietaryInformation and Specifications: All procedures, documents, drawings,processes and specifications and copies thereof furnished by the Railway tothe contractor are deemed to be the property/ proprietary information of theRailway. They shall not be copied, distributed, published, used in any form oron other services. With the exception of the signed contract set, all suchdocumentation in hard copy or soft copy format and other material, shall bereturned by the contractor to the Railway, on completion/ termination of thecontract. 4.22.3Compliance with Contractor's Request for Details: TheManager shall furnish with reasonable promptness, after receipt by her of thecontractor's request for the same, additional instructions means of procedures,specifications or otherwise, necessary for the proper execution of the servicesor any part thereof. All such procedures, specifications and instructions shallbe consistent with the contract documents and reasonably inferable therefrom. 4.22.4Meaning and Intent of Specification and Drawings: If anyambiguity arises as to the meaning and intent of any portion of theprocedures, specifications and drawings or as to execution or quality of anyservices or material, or as to the measurements of the services the decision ofthe Manager thereon shall be final subject to the appeal (within 7 days of suchdecision being intimated to the contractor) to the Chief Manager who shallhave the power to correct any errors, omissions, or discrepancies inaforementioned items and whose decision in the matter in dispute or doubtshall be final and conclusive. 4.23Working Timings The contractor shall haveto carry out any required services round the clock as per directions of theManager/ Manager's representative.

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4.9

4.24Damage to Railway Property or Private Life and Property The contractorshall be responsible for all risk involved in the services rendered and fortrespass and shall make good at her own expense all loss or damage whetherto the works/services themselves or to any other property of the Railway or thelives, persons or property of others from whatsoever cause in connection withthe and this although all reasonable and proper precautions may have beentaken by the contractor, and in case the Railway shall be called upon to makegood any costs, loss or damages, or to pay any compensation, including thatpayable under the provisions of the Workmen's Compensation Act or anystatutory amendments thereof to any person or persons sustaining damagesas aforesaid by reason of any act, or any negligence or omissions on the partof the contractor; the amount of any costs or charges including costs andcharges in connection with legal proceedings, which the Railway may incur inreference thereto, shall be charged to the contractor. The Railway shall havethe power and right to pay or to defend or compromise any claim ofthreatened legal proceedings or in anticipation of legal proceedings beinginstituted consequent on the action or default of the contractor, to take suchsteps as may be considered necessary or desirable to ward off or mitigate theeffect of such proceedings, charging to contractor, as aforesaid, any sum orsums of money which may be paid and any expenses whether forreinstatement or otherwise which may be incurred and the propriety of anysuch payment, defense or compromise, and the incurring of any suchexpenses shall not be called in question by the contractor. 4.25Sheds, yardsand Store Houses The contractor shall at her own expense provide herselfwith sheds, yards and storehouses in such situations and in such numbers asin the opinion of the Manager is requisite for carrying on the services and thecontractor shall keep at each such sheds, yards and store-houses a sufficientquantity of materials / plant in stock as not to delay the carrying out of theservices with due expedition and the Manager and the Manager'srepresentative shall have free access to the said sheds/yards/ store houses atany time for the purpose of inspecting the stock of materials or plant so kept inhand, and any materials or plant which the Manager may object to shall not bebrought upon or used in the services, but shall be forthwith removed from thesheds/yards/store houses by the contractor. 4.26Provision of Efficient andCompetent Staff at Sites by the Contractor 4.26.1The contractor shall maintainefficient and competent staff to give the necessary directions to her workersand to see that they provide their services in proper and desirable manner andshall employ only such supervisors, workers & labour in or about the executionof any of these services as are careful and skilled in the various trades. Dailyrecord of such supervisors and labour shall be maintained. 4.26.2Thecontractor shall at once remove from the site any agents, permitted sub-contractor, supervisor, worker or labour who shall be objected to by theManager. If and whenever required by the Manager, she shall submit a correctreturn showing the names of all staff and workers employed by her.

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4.10

4.26.3In the event of the Manager being of the opinion that the contractor isnot employing on the services a sufficient number of staff and workers as isspecified or otherwise for proper execution of the services within theprescribed procedure and time, the contractor shall forthwith on receivingintimation to this effect deploy the additional number of staff and labour asspecified by the Manager immediately and failure on the part of the contractorto comply with such instructions will entitle the Railway to rescind/ penalize thecontract under suitable clauses of these/special conditions. 4.26.4Deploymentof Qualified Supervisors by the Contractor- (a) The contractor shall alsoemploy qualified supervisors based on value of the contract and the extent ofservices as prescribed in the Bid documents as 'Special Conditions ofContract' by the bid Inviting authority. (b) In case the contractor fails to employthe supervisor, as aforesaid in the above paragraph, she shall be liable to paypenalty at the rates, as may be prescribed by the Ministry of Railways throughseparate instructions from time to time for the default period for the provisions,as contained in this section or as provided for in the bid document. (c) Numberof qualified supervisors required to be deployed by the contractor for variousactivities contained in the service contract shall be specified in the tenderdocuments by the tender inviting authority. 4.27 Skilled Labour/ Expertise andTesting The whole of the services and/or supply of materials specified andprovided in the contract or that may be necessary to be done in order to formand complete any part thereof shall be executed in the best and mostsubstantial workers with expertise and in a workman like manner withmaterials of the best and most approved quality of their respective kinds,agreeable to the particulars contained in or implied by the specifications andas referred to in and represented by the drawings or in such other additionalparticulars, instructions and drawings may be found requisite to be givenduring the carrying on of the services and to the entire satisfaction of theManager according to the instructions and directions which the contractorsmay from time to time receive from the Manager. The materials may besubjected to tests by means of such machines, instruments and appliances asthe Manager may direct and wholly at the expense of the Contractor. 4.28Removal of Improper Materials/Tools and Plant The Manager or theManager's representative shall be entitled to order from time to time: (a) Theremoval from the site within the time specified in the order of any materialswhich in their opinion are not in accordance with the procedures/specifications.(b) The substitution of proper and suitable materials/tools and plants, and (c)In case of default on the part of the contractor in carrying out such order, theRailway shall be entitled to rescind the contract under clause 7.4 of theseconditions.

No No Not Allowed

4.11

Contractor to Supply Water for Works/ Services 4.31.1Water Supply FromRailway System: The Railway may supply to the contractor part or whole of thequantity of the water required for the execution of services from the Railway'sexisting water supply system at or near the site of services on specified termsand conditions and free of cost (unless specified otherwise), provided that thecontractor shall arrange, at her own expense, to effect the connections and layadditional pipe lines and accessories on the site and that the contractor shallnot be entitled to any compensation for interruption of failure of the watersupply. 4.31.2In case the Railway is unable to provide water for the services,the contractor shall be responsible for the arrangements of supply of waternecessary for the services.

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4.12

4.32 Contractor to Arrange Supply of Electric Power for Services 4.32.1ElectricSupply From The Railway System: The Railway may supply to the contractorpart or whole of the electric power wherever available and possible, requiredfor execution of services from the Railway's existing electric supply systems onspecified terms and conditions free of cost (unless otherwise specified) only forthe services rendered provided the cost of arranging necessary connectionsshall be borne by the contractor and that the Contractor shall not be entitled toany compensation for interruption or failure of the electric supply system.4.32.2In case the Railway is unable to provide electricity for the services, thecontractor shall be responsible for the arrangements of supply of electricitynecessary for the services. 4.33 Property in Materials and Plant The materialsand plant brought by the contractor upon the site or on the land occupied bythe contractor in connection with the services and intended to be used for theexecution thereof shall immediately, as they are brought upon the site of thesaid land, be deemed to be the property of the Railway. Such of them asduring the progress of the services are rejected by the Manager under clause4.25 of these conditions or are declared by her not to be needed for theexecution of the services or such as on the grant of the certificate ofcompletion remain unused, shall immediately on such rejection, declaration orgrant cease to be deemed the property of the Railway and the contractor maythen (but not before) remove them from the site or the said land. This clauseshall not in any way diminish the liability of the contractor nor shall the Railwaybe in any way answerable for any loss or damage which may happen to or inrespect of any such materials or plant either by the same being lost, stolen,injured or destroyed by fire, tempest or otherwise. 4.34 Tools, Plant andMaterials Supplied by Railways: The contractor shall take all reasonable careof all tools, plant and materials or other property whether of a like descriptionor not belonging to the Railway and committed to her charge for the purposeof the services and shall be responsible for all damage or loss caused by her,her agents, permitted subcontractor, or her workers or others while they are inher charge. The contractors shall sign accountable receipts for tools, plantsand materials made over to her by the Manager and on completion of theservices shall hand over the unused balance of the same to the Manager ingood order and repair, fair wear and tear excepted, and shall be responsiblefor any failure to account for the same or any damage done thereto. 4.35 Hireof Railways' Plant The Railway may hire to the contractor such plant/machinery as DG sets, portable engines, and pumps etc. for use duringexecution of the services on such terms as may be specified in the specialconditions or in a separate agreement for hire of plant. 4.37Precaution DuringProgress of Services During the execution of services, unless otherwisespecified, the contractor shall at her own cost provide the materials for andexecute all services as is necessary for the safety, hygiene, satisfaction,elegance, acceptance, proper handling of assets and shall ensure that nodamage, injury or loss is caused or likely to be caused to any person or assetsor hindrance to other works /services.

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4.13

4.38 Roads and Water Courses Existing roads or water courses shall not beblocked, cut through, altered, diverted or obstructed in any way by theContractor, except with the permission of the Manager. All compensationsclaimed for any unauthorized closure, cutting through, alteration, diversion orobstruction to such roads or water courses by the contractor or her agent orher staff shall be recoverable from the Contractor by deduction from any sumswhich may become due to her in terms of contract, or otherwise according tolaw. 4.38 Provision of Access to Premises During progress of services in anystreet or thoroughfare, the contractor shall make adequate provision for thepassage of traffic, for securing safe access to all premises approached fromsuch street or thoroughfare and for any drainage, water supply or means oflighting which may be interrupted by reasons of the execution of the servicesand shall react and maintain at her own cost barriers, lights and othersafeguards as prescribed by the Manager, for the regulation of the traffic, andprovide watchers necessary to prevent accidents. 4.39 Safety of Public Thecontractor shall be responsible to take all precautions to ensure the safety ofthe public whether on public or Railway property and shall post such look out,such persons as may, in the opinion of the Manager, be required to complywith regulations appertaining to the service. 4.40 Use of Explosives Noexplosives shall be used for the services rendered or on the site by theContractor. 4.41 Suspension of Services 4.41.1The contractor shall on theorder of the Manager, suspend the progress of the services or any partthereof for such time or times and in such manner as the Manager mayconsider necessary, and shall during such suspension, properly protect andsecure the work so far as is necessary in the opinion of the Manager. If suchsuspension is - i. Provided for in the contract, or ii. Necessary for the properexecution of the services or by the reason of extraneous conditions or bysome default on the part of the Contractor, and or iii. Necessary for the safetyof the services or any part thereof 4.41.1The contractor shall not be entitled tothe extra costs, if any, incurred by her during the period of suspension of theservice, but in the event of any suspension ordered by the Manager forreasons other than aforementioned and when each such period of suspensionexceeds 14 days, the Manager shall extend the time of service for completionof the services as the Manager may consider proper, having regard to theperiod or periods of such suspensions and to such compensations as theManager may consider reasonable in respect of salaries or wages paid by thecontractor to her employees/ workers during the periods of such suspension.

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4.14

4.41.2Suspension Lasting More Than 3 Months: If the progress of the servicesor any part thereof is suspended on the order of the Manager for more thanthree months at a time, the contractor may serve a written notice on theManager requiring permission within 15 days from the receipt thereof toproceed with the service or that part thereof in regard to which progress issuspended and if such permission is not granted within that time the contractorby further written notice so served may, but is not bound to, elect to treat thesuspension where it affects part only of the service as an omission of such partor where it affects the whole of the services, as an abandonment of thecontract by the Railway. Rates for Items of Services The rates, entered in theaccepted Schedule of Rates of the contract are intended to provide forservices duly and properly completed in accordance with the General andSpecial (if any) Conditions. of the Contract and the specifications/ proceduresspecified in the contract document including drawings wherever applicablealong with all labour, materials, tools, and plants etc. 4.42.1Rates for ExtraItems of Services: Any additional item of work carried out by the contractor onthe instructions of the Manager which is not included in the acceptedSchedules of Rates shall be executed at the rate agreed upon between theManager and the contractor before the execution of such items of work. Thecontractors shall be bound to notify the Manager at least seven days beforethe necessity arises for the execution of such items of works that the acceptedSchedule of Rates does not include rate or rates for the extra work involved.The rates payable for such items shall be decided at the meeting to be heldbetween the Manager and contractor, in as short a period as possible after theneed for the special item has come to the notice. In case the contractor fails toattend the meeting after being notified to do so or in the event of no settlementbeing arrived at, the Railway shall be entitled to execute the extra works byother means and the contractor shall have no claim for loss or damage thatmay result from such procedure. 4.42.2Provided that if the contractorcommences work or incurs any expenditure in regard thereto before the ratesas determined and agreed upon as lastly here unto fore-mentioned, then andin such a case the contractor shall only be entitled to be paid in respect of theservices carried out or expenditure incurred by her prior to the date ofdetermination of the rates as aforesaid according to the rates as shall be fixedby the Manager. However, if the contractor is not satisfied with the decision ofthe Manager in this respect, she may appeal to the Chief Manager within 30days of getting the decision of the Manager, supported by analysis of the ratesclaimed. The Chief Manager's decision after hearing both the parties in thematter would be final and binding on the contractor and the Railway.

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4.15

Clearance of Site on Completion On completion of the services, the contractorshall clear away and remove from the site all tools /plants and surplusmaterials, rubbish and temporary works of every kind and leave the whole ofthe site clean to the satisfaction of the Manager. No final payment insettlement of the accounts for the services shall be paid, held to be due orshall be made to the, contractor till, in addition to any other conditionnecessary for final payment, site clearance shall have been affected by her,and such clearance may be made by the Manager at the expense of thecontractor in the event of her failure to comply with this provision within 7 daysafter receiving notice to that effect. Should it become necessary for theManager to have the site cleared at the expenses of the contractor, theRailway shall not be held liable for any loss or damage to such of thecontractor's property as may be on the site and due to such removal, therefrom which removal may be affected by means of public sales of suchmaterials and property or in such a way as deemed fit and convenient to theManager. 4.44 Digital Contract Labour Management System A comprehensivecomputerized contract labour management system for creating a databaseand monitoring attendance is crucial for efficient performance and forsafeguarding workers' welfare. This system shall be put in place by thecontractor or by Indian Railways, as decided by the Railways and as per thespecial conditions of contract. Use of this system shall be mandatory in labourintensive service contracts i.e. housekeeping, Loading & unloading of goods,messing etc. In other service contracts, a special mention of the applicability ofthis clause shall be made in the Special Conditions of the Contract. Theimportant features of the computerized contract labour management systemshall be as follows Tender Database - Maintenance of certified identificationand demographic details for contract workers -A detailed bio data of eachcontract worker shall be saved in the system with details like - personal,educational, family, hometown, police verification, medical, insurance, PFregistration etc. Certified identification - Identification data issued byGovernment or reliable agencies like Nation ID (Aadhar Card), Voters ID,driving license, PAN card etc. to be stored in the application. Identity Cardgeneration -An identity card with details like site, blood group, photographscan be incorporated on the card, along with a colour band based on thecategory of labour.

No No Not Allowed

4.16

Biometric details like - Photograph, fingerprint, iris-map to be stored in thesystem for authentic identification of contract workers. Biometric authorizationis a reliable method to curb Proxy Attendance. Attendance data - All entriesand exits to be recorded in time and attendance machines - using fingerprintsor proxy card. Another attendance in between the entry and final exit can alsobe recorded, on case by case basis, if deemed necessary. Restricted Entry - Acontract worker can be denied entry on infringement of any vital requirementlike expiry of medical or accident Insurance, driving license, contract terms,work permit dates etc. Shift Logic-The system can be used to manage the shiftlogic-so that overtime, double shifts if any can be logged in the system andsystemic restrictions can be placed to prevent double shifts, unless Railwaysupervisor approves the request digitally/otherwise. Time sheet generation -Time sheets shall be generated on a daily, weekly or monthly basis or anyother frequency as specified by the Indian Railways. Consumables - Materialissued to or returned by contract worker is recorded in the system, asapplicable (optional) Safety, Performance and Labour Law training-The datesof safety, performance and labour law training to be stored in the systemwhich can raise an alert when a refresher training is due. In case ofEmergency- Who's where - in case of an emergency and disaster recovery it isimportant and the application provides the count and location of contractworkers. Alerts - Pre-defined email and SMS alerts, notifications and exceptionreports can be generated which can be utilized by Railways staff, supervisorsetc. to manage service contracts efficiently. 4.45 Environmental RequirementsThe contractor shall, when working on the Premises, perform its obligationsunder the contract in accordance with the Indian Railways environmentalpolicy, which is to conserve energy, water, wood, paper and other resources,reduce waste and phase out the use of ozone depleting substances andminimize the release of greenhouse gases, volatile organic compounds andother substances damaging to health and the environment.

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4.17

Data Protection: 4.46.1Where the Contractor is processing personal data, as aData Processor for the Indian Railways, the Contractor shall: (a) Process thepersonal data only in accordance with instructions from Indian Railways (whichmay be specific instructions or instructions of a general nature) as set out inthis contract or as otherwise notified by Indian Railways; (b) Comply with allapplicable laws (c) Process the personal data only to the extent; and in suchmanner as is necessary for the provision of the Provider's obligations underthis contract or as is required by law or any regulatory body; (d) Implementappropriate technical and organizational measures to protect the personaldata against unauthorized or unlawful processing and against accidental loss,destruction, damage, alteration or disclosure. These measures shall beappropriate to the harm which might result from any unauthorized or unlawfulprocessing, accidental loss, destruction or damage to the personal data andhaving regard to the nature of the personal data which is to be protected; (e)Take reasonable steps to ensure the reliability of its staff and agents who mayhave access to the personal data; (f) Obtain prior written consent from theAuthority in order to transfer the personal data to any subcontractor for theprovision of the Services; (g) Not cause or permit the personal data to betransferred, stored, accessed, viewed or processed outside of India withoutthe prior written consent of the Indian Railways (h) Ensure that all staff andagents required to access the personal data are informed of the confidentialnature of the personal data and comply with the obligations set out in thisclause.) Ensure that none of the staff and agents publish disclose or divulgeany of the personal data to any third parties unless directed in writing to do soby the Railways (j) Not disclose personal data to any third parties in anycircumstances other than with the written consent of the Railways or incompliance with a legal obligation imposed upon the Railways; and4.46.2Notify the Indian Railways (within five working days) if it receives: a) arequest for a data subject to have access to that person's personal data; or b)a complaint or request relating to the Indian Railways' obligations under thelaw; 4.46.3The provision of this clause 4.45 shall apply during the contractPeriod and indefinitely after its expiry. 4.47 Intellectual Property Rights:4.47.1All Intellectual Property Rights in any guidance, specifications,instructions, toolkits, plans, data, drawings, databases, software, patents,patterns, models, designs or other material (the "IP Materials"): a) Furnishedto or made available to the contractor by or on behalf of the Railways shallremain the property of the Railways; and b) prepared by or for the contractoron behalf of the Railways for use, or intended use, in relation to theperformance by the contractor of its obligations under the contract shall belongto the Railways; and the contractor shall not, and shall ensure that the staffshall not, (except when necessary for the performance of the contract) withoutprior approval, use or disclose any Intellectual Property Rights in the IPmaterials.

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4.18

4.47.2The contractor hereby assigns to the Railways, with full title guarantee,all Intellectual Property Rights which may subsist in the IP materials preparedin accordance with clause 4.46.1 (b). This assignment shall take effect on thedate of the contract or as a present assignment of future rights that will takeeffect immediately on the coming into existence of the Intellectual PropertyRights produced by the Contractor. The contractor shall execute alldocumentation necessary to execute this assignment. 4.47.3The contractorshall waive or procure a waiver of any moral rights subsisting in copyrightproduced by the contract or the performance of the contract. 4.47.4Thecontractor shall ensure that the third-party owner of any Intellectual PropertyRights that are or which may be used to perform the contract, grants to theRailways a non-exclusive license or, if itself a licensee of those rights, shallgrant to the Railways an authorized sub-license, to use, reproduce, modify,develop and maintain the Intellectual Property Rights in the same. Suchlicense or sub-license shall be non-exclusive, perpetual, royalty free andirrevocable and shall include the right for the Railways to sub-license, transfer,notate or assign to other Contracting Authorities, the Replacement contractoror to any other third party supplying services to the Railways. This isparticularly relevant to any digital contract management system developed forIndian Railways as per clause 4.44. 4.47.5The contractor shall not infringe anyIntellectual Property Rights of any third party in supplying the Services and thecontractor shall, during and after the contract period, indemnify and keepindemnified and hold the Railways harmless from and against all actions, suits,claims, demands, losses, charges, damages, costs and expenses and otherliabilities which the Railways may suffer or incur as a result of or in connectionwith any breach of this clause.

No No Not Allowed

4.19

4.47.6The Railways shall notify the contractor in writing of any claim ordemand brought against the Railways for infringement or alleged infringementof any Intellectual Property Rights in materials supplied or licensed by thecontractor. 4.47.7The contractor shall at its own expense conduct allnegotiations and any litigation arising in connection with any claim for breachof Intellectual Property Rights in materials supplied or licensed by thecontractor, provided always that the contractor: (a) shall consult the Railwayson all substantive issues which arise during the conduct of such litigation andnegotiations; (b) shall take due and proper account of the interests of theRailways; and (c) shall not settle or compromise any claim without theRailways' prior written consent (not to be unreasonably withheld or delayed).4.47.8The Railways shall at the request of the contractor afford to thecontractor all reasonable assistance for the purpose of contesting any claim ordemand made or action brought against the Railways or the contractor by athird party for infringement or alleged infringement of any third partyIntellectual Property Rights in connection with the performance of thecontractor's obligations under contract and the contractor shall indemnify theRailways for all costs and expenses (including, but not limited to, legal costsand disbursements) incurred in doing so.

No No Not Allowed

4.20

4.47.9If a claim, demand or action for infringement or alleged infringement ofany Intellectual Property Right is made in connection with the contract or in thereasonable opinion of the contractor is likely to be made, the contractor shallnotify the Railways and, at its own expense and subject to the consent of theRailways (not to be unreasonably withheld or delayed), use its best endeavorsto: (a) modify any or all of the Services without reducing the performance orfunctionality of the same, or substitute alternative Services of equivalentperformance and functionality, so as to avoid the infringement or the allegedinfringement, provided that the provisions herein shall apply mutatis mutandisto such modified Services or to the substitute Services; or (b) procure a licenseto use and supply the Services, which are the subject of the allegedinfringement, on terms which are acceptable to the Railways, and in the eventthat the contractor is unable to comply with sub-clauses (a) or (b) above withintwenty working days of receipt of the contractor's notification the Railways mayterminate the contract with immediate effect by notice in writing. 4.47.10Thecontractor grants to the Railways a royalty-free, irrevocable and non-exclusivelicense (with a right to sub-license) to use any Intellectual Property Rights thatthe contractor owned or developed prior to the Commencement Date andwhich the Railways reasonably requires in order exercise its rights and takethe benefit of this contract including the services provided.

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5

5VARIATIONS, MEASUREMENT AND PAYMENTS 5.1Extension of TimeSubject to any requirement in the contract as to completion of any portions orportions of the works before completion of the whole, the contractor shall fullyand finally complete the whole of the works comprised in the contract (withsuch modifications as may be directed under conditions of this contract) by thedate entered in the contract or extended date in terms of the following clauses.However, care may be taken to ensure that the extension in service contracts(other than Consultancy contracts) is on the ground that new contract has notbeen finalized. 5.1.1Extension Due to Modification If any modifications havebeen ordered which in the opinion of the Manager have materially increasedthe magnitude of the services, then such extension of the contracted date ofcompletion may be granted as shall appear to the Manager to be reasonablein the circumstances, provided moreover that the contractor shall beresponsible for requesting such extension of the date as may be considerednecessary as soon as the cause thereof shall arise and in any case not lessthan one month before the expiry of the date fixed for completion of theservices. 5.1.2Extension for Delay Not Due to Railways or Contractor If in theopinion of the Manager, the progress of services has any time been delayedby any act or neglect of Railway's employees or by other contractor employedby the Railway under clause 4.20 of these Conditions or in executing thework/service not forming part of the contract but on which contractor'sperformance necessarily depends or by reason of proceeding taken orthreatened by or dispute with adjoining or to neighboring owners or publicauthority arising otherwise through the contractor's own default etc. or by thedelay authorized by the Manager pending arbitration or in consequences ofthe contractor not having received in due time necessary instructions from theRailway for which she shall have specially applied in writing to the Manager orher authorized representative then upon happening of any such event causingdelay, the contractor shall immediately give notice thereof in writing to theManager within 15 days of such happening, but shall nevertheless makeconstantly her best endeavors to bring down or make good the services andshall do all that may be reasonably required of her to the satisfaction of theManager to proceed with the services The contractor may also indicate theperiod for which the services is likely to be delayed and shall be bound to askfor necessary extension of time. The Manager on receipt of such request fromthe contractor shall consider the same and shall grant such extension of timeas in her opinion is reasonable having regard to the nature and period of delayand the type and quantum of work affected thereby. No other compensationshall 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 suchextended period of time was originally provided in the original contract itself.

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5.1

5.1.3Extension for Delay Due to Railways In the event of any failure or delayby the Railway, to hand over the contractor possession of the site necessaryfor the execution of the services, or to give the necessary notice to commencethe services, or to provide the necessary drawings or instructions or any otherdelay caused by the Railway due to any other cause whatsoever, then suchfailure or delay shall in no way affect or vitiate the contract or alter thecharacter thereof or entitle the contractor to damages or compensationtherefore, but in any such case, the Railway may grant such extension orextensions of the completion date as may be considered reasonable.5.2Extension of Time for Delay Due to Contractor 5.2.1The time anduninterrupted delivery of services shall be deemed to be the essence of thecontract and the service must be completed not later than the date(s) asspecified in the contract. If the contractor fails to complete the services withinthe time/manner as specified in the contract for the reasons other than thereasons specified in clause 5.1, the Railway may, if satisfied that the servicedelivery can be completed by the contractor within reasonable short timethereafter, allow the contractor for further extension of time as the Managermay decide. On such extension, the Railway will be entitled without prejudiceto any other right and remedy available on that behalf, to recover from thecontractor as agreed damages and not by way of penalty a sum equivalent to0.10% of the contract value of the service for each week or part of the week.5.2.2For the purpose of this clause, the contract value of the services shall betaken as value as per contract agreement including any supplementarycontract agreement issued. Provided also, that the total amount of liquidateddamages under this condition shall not exceed 5% In lieu, competent authoritywhile granting extension to the currency of contract under clause 5.2 of GCCmay also consider levy of token penalty, as deemed fit based on the merit ofthe case of total value of the contract. This section does not limit IndianRailways from imposing any penalties under other provisions and suchpenalties will be applicable concurrently. Provided further, that if the Railway isnot satisfied that the service can be completed by the contractor and in theevent of failure on the part of the contractor to complete the service withinfurther extension of time allowed as aforesaid, the Railway shall be entitledwithout prejudice to any other right or remedy available in that behalf, toappropriate the contractor's Performance Guarantee and rescind the contractunder Clause 7.4 of these Conditions, whether or not actual damage is causedby such default. 5.3 Modification to Contract to be in Writing In the event ofany of the provisions of the contract requiring to be modified after the contractdocuments have been signed, the modifications shall be made in writing andsigned by the Railway and the contractor and no service shall proceed undersuch modifications until this has been done. Any verbal or written arrangementabandoning, modifying, extending, reducing or supplementing the contract orany of the terms thereof shall be deemed conditional and shall not be bindingon the Railway unless and until the same is incorporated in a formalinstrument and signed by the Railway and the contractor, and till then theRailway shall have the right to repudiate such arrangements.

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5.2

5.3.1Powers of Modification To Contract: The Manager on behalf of theRailway shall be entitled by order in writing to enlarge or extend, diminish orreduce the services or make any alterations in their design, character position,site, quantities, dimensions or in the method of their execution or inthecombination and use of materials for the execution thereof or to order anyadditional service to be done or any services not to be done and the contractorwill not be entitled, to any compensation for any increase/reduction in thequantities of work but will be paid only for the actual amount of work done andfor approved materials supplied against a specific order. 5.3.2Unlessotherwise specified in the special conditions of the contract, the acceptedvariation in quantity of each individual item of the contract would be up to 25%of the quantity originally contracted. The contractor shall be bound to carry outthe service at the agreed rates and shall not be entitled to any claim or anycompensation whatsoever up to the limit of 25% variation in quantity ofindividual item of services. 5.3.3Valuation of Variations: The variation referredto in sub-clause 5.3.2 of this clause shall in no degree affect the validity of thecontract; but shall be performed by the contractor as provided therein and besubject to the same conditions, stipulations and obligations as if they had beenoriginally and expressively included and provided for in the specifications anddrawings and the amounts to be paid therefore shall be calculated inaccordance with the accepted Schedule of Rates. Any extra items/quantities ofwork falling outside the purview of the provisions of sub Tender clause 5.3.2above shall be paid for at the rates determined under clause 4.42.1 of theseConditions. 5.3.4Variations in Quantities During Execution of Service ContractsThe procedure detailed below shall be adopted for dealing with variations inquantities during execution of service contracts- 1. Individual NS items incontracts shall be operated with variation of plus or minus 25% and paymentwould have made as per the agreement rate. For this no finance concurrencewould be required. 2. In case an increase in quantity of an individual item bymore than 25% of the agreement quantity is considered unavoidable, thesame shall be got executed by floating a fresh tender. If floating a fresh tenderfor operating that item is considered not practicable, quantity of that item maybe operated in excess of 125% of the agreement quantity (100% i.e., theoriginal quantity + 25% i.e., quantity over and above the original quantity)subject to the following conditions: (a) Operation of an item by more than125%of the agreement quantity needs the approval of an officer of the rank not lessthan SA Grade. (i) Quantities operated in excess of 125% but up to 140% ofthe agreement quantity of the concerned item, shall be paid at 98% of the rateawarded for that item in that particular tender. (ii) Quantities operated inexcess of 140% but up to 150% of the agreement quantity of the concerneditem shall be paid at 96% of the rate awarded for that item in that particulartender. (iii) Variation in quantities of individual items beyond 150% will beprohibited and would be permitted only in exceptional unavoidablecircumstances with the concurrence of Associate Finance and shall be paid at96% of the rate awarded for that item in that particular tender.

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5.3

The variation in quantities as per the above formula will apply only to theindividual items of the contract and not on the overall contract value. (C)Execution of quantities beyond 150% of the overall agreement value shouldnot be permitted and, if found necessary, should be only through fresh tendersor by negotiating with the existing contractor, with personal concurrence ofFA&CAO/FA&CAO(C) and personal sanction of General Manager. 3. In casedecrease in quantity involved during of contract- (a) The contract signingauthority can decrease the items up to 25% of individual items without financeconcurrence. (b) For decrease beyond 25% for individual items or 25 % ofcontract agreement value, the officer not less than rank of SA grade may betaken, after obtaining no claim certificates from the contractor and with financeconcurrence, giving detail reasons for each such decrease in the quantities.(c) It should be certified that the quantities proposed to be reduced will not berequired in the same work. . The limit of varying quantities for minor items shallbe 100% (as against 25% prescribed for other items) A minor value item forthis purpose is defined as an item whose original agreement value is less than1% of the total original agreement value. 5. As far as SSR/SOR items areconcerned, the limit of 25% would apply to the value of SSR/SOR schedule asa whole and not on individual SSR/SOR items. However, in case of NS items,the limit of 25% would apply on the individual items irrespective of the mannerof quoting the rate (single percentage rate or individual item rate). 6. Fortenders accepted at Zonal Railway, variations in quantities will be approved byauthority in whose powers revised value of the agreement lies. 7. For tendersaccepted by General Manager, variation upto 125% of the original agreementvalue may be accepted by General Manager. 8. The aspect of vitiation oftender with respect to variation in quantities should be checked & avoided. Incase vitiation of tender (both for increase as well as decrease of value ofcontract agreement, the vitiation shall be on the contractor's account (Paymentshall be restricted to the lowest calculated value of all valid offers).

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5.4

5.4Claims 5.4.1Monthly Statement of Claims The contractor shall prepare andfurnish to the Manager once in every month an account giving full and detailedparticulars of all claims for any additional expenses to which the Contractormay consider herself entitled to and of all extra or additional works ordered bythe Manager which she has executed during the preceding month and noclaim for payment for and such work will be considered which has not beenincluded in such particulars. 5.4.2Signing Of "No Claim" Certificate Thecontractor shall not be entitled to make any claim whatsoever against theRailway under or by virtue of or arising out of this contract, nor shall theRailway entertain or consider any such claim, if made by the contractor, aftershe shall have signed a "No Claim" certificate in favour of the Railway in suchform as shall be required by the Railway after the works are finally measuredup. The contactor shall be debarred from disputing the correctness of theitems covered by "No Claim" certificate or demanding a clearance toarbitration in respect thereof. 5.5MEASUREMENTS 5.5.1Quantities inSchedule Annexed to Contract The quantities set out in the accepted Scheduleof Rates with items of works quantified are the estimated quantities of theservices and they shall not be taken as the actual and correct quantities of thework to be executed by the contractor in fulfillment of her obligations under thecontract. 5.5.2Measurement of Services/ Works (a) Measurements shall berecorded on the basis of day to day records maintained by way of check list orany other methodology provided in the bid documents. (b) The contractor shallbe paid for the works/services at the rates in the accepted Schedule of Ratesand for extra services at rates determined under clause 4.42.1 of theseConditions on the measurements taken by the Manager or the Manager'srepresentative in accordance with the rules prescribed for the purpose by theRailway. The quantities for items the unit of which in the accepted Schedule ofRates is 100 or 1000 shall be calculated to the nearest whole number, anyfraction below half being dropped and half and above being taken as one; foritems, the unit of which in the accepted Schedule of Rates is single, thequantities shall be calculated to two places of decimals. Such measurementswill be taken of the work in progress from time to time and at such intervals asin the opinion of the Manager shall be proper having regard to the progress ofwork. The date and time on which 'on account' or 'final' measurements are tobe made shall be communicated to the contractor who shall be present at thesite and shall sign the results of the measurements (which shall also be signedby the Manager or the Manager's representative) recorded in the officialmeasurements book as an acknowledgement of her acceptance of theaccuracy of the measurements.

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5.5

Failing the contractor's attendance, the service may be measured up in herabsence and such measurements shall, notwithstanding such absence, bebinding upon the contractor whether or not she shall have signed themeasurement books provided always that any objection made by her tomeasurement shall be duly investigated and considered in the manner set outas following: It shall be open to the contractor to take specific objection to anyrecorded measurements or classification on any ground within seven days ofthe date of such measurements. Any remeasurement taken by the Manager orthe Manager's representative in the presence of the contractor or in herabsence after due notice has been given to her in consequence of objectionmade by the contractor shall be final and binding on the contractor and noclaim whatsoever shall thereafter be entertained regarding the accuracy andclassification of the measurements. (d) If an objection raised by the contractoris found by the Manager to be incorrect, then the contractor shall be liable topay the actual expenses incurred in measurements.

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5.6

5.6PAYMENTS 5.6.1"On-Account" Payments The contractor shall be entitledto be paid from time to time by way of "On-Account" payment only for suchworks as in the opinion of the Manager he has executed in terms of thecontract. All payments due on the Manager's or the Manager'srepresentative's certificates of measurements shall be subject to anydeductions which may be made under these presents provided always that theManager may by any certificate make any correction or modification in anyprevious certificate which shall have been issued by her and that the Managermay withhold any certificate, if the services or any part thereof are not beingcarried out to her satisfaction. (a) Maximum TWENTY FOUR on account Billswill be permitted during the entire completion period of Two years. However,Sr.DOM/AGRA has the right to revise the nos. of on-account payments. (b)Payment for the work shall be made by Sr.DFM/NCR/Agra through on accountbills at Sr.Divisional Operating Manager's office, N. C. Railway, AGRA inaccordance with the measurement of work recorded in the MB, acceptance ofmeasurement of work by contractor and verification /test check by theconcerned officer. (c) Payment to the contractor will be made throughEFT/ECS. (d) Payment of wages by contractor to the staff deployed shall haveto be made through cheques or by bank. Contractor will have to ensure thecompliance. (e) Payment of GST will be made on A/C bill & contractor requiredto submit this GST amount within 30 days from the date invoice produced &next on A/C bill will be paid, only after submission of copy of receipt ofpayment of such tax. (f) The contractor is required to submit the bill/invoice onprescribed format in time before claiming bill. (g)The contractor will have tosubmit the bank account number of hired workers. (h) EPF/ESIC will be paidon reimbursement basis only. So in this regard contractor has to produce thegenuine supporting document in proof of such payment for reimbursement ofESIC/EPF. 5.6.2Rounding Off Amounts The total amount due on eachcertificate shall be rounded off to the nearest rupee, i.e. sum less than 50paisa shall be omitted and sums of 50 paisa and more up to Rs.1 will bereckoned as Rs. 1. 5.6.3On Account Payments Not Prejudicial to FinalSettlement "On-Account" payments made to the contractor shall be withoutprejudice to the final making up of the accounts (except where measurementsare specifically noted in the Measurement Book as "Final Measurements" andas such have been signed by the contractor) and shall in no respect beconsidered or used as evidence of any facts stated in or to be inferred fromsuch accounts nor of any particular quantity of service having been executednor of the manner of its execution being satisfactory. 5.6.4Manner of Payment:The payments would be released in the manner as specified by the RailwayBoard time to time. 5.6.5Points to be ensured while Passing the Bills.

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5.7

Railways shall ensure that all relevant records are to be certified by thecontractor and the employee nominated by Principal Employer, before passingthe bills of the contractor including but not limited to those provided in theAnnexure III -XI. (b) Railways shall ensure that Gross Minimum wagesincluding ESI, PF etc. is paid as per the actual by the contractor to all workers.In case, if the contractor fails to pay the gross minimum wages, the same shallbe informed to Regional Labour Commissioner. (c) Railways shall ensure thatall the relevant records related to statutory obligations and agreementconditions are submitted by the contractor for claiming monthly bills. (d)Railways shall upload the details of the contractor online on the Employees'Provident Fund Organization (EPFO) portal. Every month, Railways may, ifrequired, cross - verify the contractor's monthly statements regarding PF andother contributions from the EPFO's records online. (e) The contractor isrequired to provide documentary evidence to show the coverage of all herworkers or labour under the schemes mentioned in clause 6.17 on an annualbasis. Upon verification of the records by Railways, payments can be releasedto the contractor. 5.6.6For all the tenders having advertised cost of Rs 10 lakhor above, contractor shall have the option to take payment from Railwaysthrough a letter of credit (LC) arrangement as per railway board's letter no.2018/CE-I/CT/9 dated 04.06.2018. This option of taking payment through LCarrangement has to be exercised in IREPS by the tenderer at the time ofbidding itself, and the tenderer shall affirm having read over and agreed to theterms and conditions of the LC option. The option so exercised, shall be anintegral part of the bidder's offer. The above option of taking payment throughLC arrangement, once exercised by tenderer at the time of bidding, shall befinal and no change shall be permitted, thereafter, during execution ofcontract. Tenderer(s) are advised to submit their offer accordingly as perrailway board's letter no. 2018/CE-I/CT/9 dated 04.06.2018.

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5.8

5.7PRICE VARIATION CLAUSE: Price variation clause shall not be applicablefor this tender. 5.8Price Variation during Extended Period of Contract: Theprice adjustment as worked out above, i.e. either increase or decrease shallbe applicable upto the stipulated date of completion of work including theextended period of completion where such extension has been granted underClause 5.1 of the Standard General Conditions of Contract of Service.However, where extension of time has been granted due to contractor's failureunder Clause 5.2 of the Standard General Conditions of Contract of Service,price adjustment shall be done as follows: (a) In case the indices or minimumwages increase above the indices or minimum wages applicable to the lastmonth of original completion period or the extended period under Clause 5.1,the price adjustment for the period of extension granted under Clause 5.2 shallbe limited to the amount payable as per the Indices or minimum wagesapplicable to the last month of the original completion period or the extendedperiod under Clause 5.1 of the Standard General Conditions of Contract forservice; as the case may be. (b) In case the indices or minimum wages fallbelow the indices or minimum wages applicable to the last month of original/extended period of completion under Clause 5.1, as the case may be; then thelower indices or minimum wages shall be adopted for the price adjustment forthe period of extension under Clause 5.2 of the Standard General Conditionsof Contract for service. 5.9Maintenance of Works contemplated in the ServicesService contracts may have an element of work included to provide services.In such cases the content of this Para shall be applicable- The contractor shallat all times during the progress and continuance of the service and also for theperiod of maintenance of Works contemplated in the Service specified, if anyin the Bid Form after the date of passing of the certificate of completion by theManager or any other earlier date subsequent to the completion of the workthat may be fixed by the Manager be responsible for and effectivelymaintainand uphold in good substantial, sound and perfect condition all and every partof the work and shall make good from time to time and at all times as often asthe Manager shall require, any damage or defect that may during the aboveperiod arise in or be discovered or be in any way connected with the work,provided that such damage or defect is not directly caused by errors in thecontract documents, act of providence or insurrection or civil riot, and thecontractor shall be liable for and shall pay and make good to the Railway orother persons legally entitled thereto whenever required by the Manager so todo, all losses, damages, costs and expenses they or any of them may incur orbe put or be liable to by reasons or in consequence of the operations of thecontractor or of her failure in any respect.

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5.9

5.9.1.1Certificate of Completion of work contemplated Services: As soon as inthe opinion of the Manager, the service has been completed and hassatisfactorily passed any final test or tests that may be prescribed, theManager shall issue a certificate of completion duly indicating the date ofcompletion in respect of the work and the period maintenance of work , ifapplicable ,shall commence from the date of completion mentioned in suchcertificate . The Manager may also issue such a certificate indicating date ofcompletion with respect to any part of the service (before the completion of thewhole of service), which has been completed to the satisfaction of theManager and occupied or used by the Railway.When any such certificate isgiven in respect of part of a service, such part shall be considered ascompleted and the the period of maintenance , if any shall commence from thedate of completion mentioned in the completion certificate issued for that part.5.10 Certificate of Completion of Services: As soon as in the opinion of theManager, the service has been completed and has satisfactorily passed anyfinal test or tests that may be prescribed, the Manager shall issue a certificateof completion duly indicating the date of completion. The Manager may alsoissue such a certificate indicating date of completion with respect to any part ofthe service (before the completion of the whole of service), which has beencompleted to the satisfaction of the Manager. When any such certificate isgiven in respect of part of a service, such part shall be considered ascompleted. 5.10.1Approval Only by Completion Certificate: No certificate otherthan completion certificate referred to in clause 5.10 of the Conditions shall bedeemed to constitute approval of any service or other matter in respect ofwhich it is issued or shall be taken as an admission of the due performance ofthe contract or any part thereof or of the accuracy of any claim or demandmade by the contractor or of additional varied work having been ordered bythe Manager nor shall any other certificate conclude or prejudice any of thepowers of the Manager. 5.11Cessation of Railway's Liability: The Railway shallnot be liable to the contractor for any matter arising out of or in connection withthe contract of the execution of the works/ services unless the contractor shallhave made a claim in writing in respect thereof before the issue of theCompletion Certificate for service/ Maintenance Certificate for workscontemplated in service, as the case may be under this clause. 5.12UnfulfilledObligations: Notwithstanding the issue of Completion Certificate for service /Maintenance Certificate for works contemplated in service as the case may bethe contractor and (subject to clause 5.11) the Railway shall remain liable forthe fulfillment of any obligation incurred under the provision of the contractprior to the issue of the Completion Certificate for service / MaintenanceCertificate for works contemplated in service which remains unperformed atthe time such certificate is issued and for the purposes of determining thenature and extent of any such obligations, the contract shall be deemed toremain in force between the parties thereto.

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5.10

Final Payment On the Manager's certificate of completion in respect of theservices, adjustment shall be made and the balance of account based on theManager or the Manager's representative's certified measurements of the totalquantity of service executed by the Contractor upto the date of completion andon the accepted schedule of rates and for extra works on rates determinedunder clause 4.42.1 of these Conditions shall be paid to the contractor, subjectalways to any deduction which may be made under these presents, andfurther subject to the contractor having delivered to the Manager either a fullaccount in detail of all claims she may have on the Railway in respect of theworks or having delivered "No Claim Certificate" and the Manager having afterthe receipt of such account given a certificate in writing that such claims arecorrect, that the whole of the works to be done under the provisions of thecontracts have been completed, that they have been inspected by her sincetheir completion and found to be in good and substantial order, that allproperties, works and things, removed, disturbed or injured in consequence ofthe services have been properly replaced and made good and all expensesand demands incurred by or made upon the Railway for or in the respect ofdamage or loss by from or in consequence of the services, have been satisfiedagreeably and in conformity with the contract. 5.13.1Post Payment Audit: It isan agreed term of contract that the Railway reserves to itself the right to carryout a post-payment audit and / or technical examination of the works / servicesand the final bill including all supporting vouchers, abstracts etc. and to make aclaim on the contractor for the refund of any excess amount paid to her, if as aresult of such examination any over-payment to her is discovered to havebeen made in respect of any services done or alleged to have been done byher under the contract. 5.13.2Production of Vouchers etc. by the Contractor:For a contract of more than Rs 2 crore, the contractor shall, wheneverrequired, produce or cause to be produced for examination by the Managerany quotation, invoice, cost or other account, book of accounts, voucher,receipt, letter, memorandum, paper of writing or any copy of or extract fromany such document and also furnish information and returns verified in suchmanner as may be required in any way relating to the execution of thiscontract or relevant for verifying or ascertaining cost of execution of thiscontract (the decision of the Manager on the question of relevancy of anydocuments, information or return being final and binding on the parties). Thecontractor shall similarly produce vouchers etc., if required to prove to theManager, that materials supplied by her, are in accordance with thespecifications laid down in the contract. 5.13.3If any portion of the service in acontract of value more than Rs 2 crore be carried out by a subcontractor orany subsidiary or allied firm or company (as per clause 4.5 of the GeneralConditions of Contract), the Manager shall have power to secure the books ofsuch sub-contract or any subsidiary or allied firm or company, through thecontractor, and such books shall be open to her inspection. 5.13.4Theobligations imposed by sub clause 5.11.2 & 5.11.3 are without prejudice to theobligations of the contractor under any statute, rules or orders binding on thecontractor.

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5.11

5.13.5Signature on Receipts for Amounts: Every receipt for money which maybecome payable or for any security which may become transferable to thecontractors under these presents, shall, if signed in the partnership name byany one of the partners of a contractor's firm be a good and sufficientdischarge to the Railway in respect of the moneys or security purported to beacknowledged thereby and in the event of death of any of the contractor,partners during the pendency of the contract, it is hereby expressly agreedthat every receipt by anyone of the surviving contractor partners shall if sosigned as aforesaid be good and sufficient discharge as aforesaid providedthat nothing in this clause contained shall be deemed to prejudice or effect anyclaim which the Railway may hereafter have against the legal representative ofany contractor partner so dying for or in respect to any breach of any of theconditions of the contract, provided also that nothing in this clause containedshall be deemed to prejudice or effect the respective rights or obligations ofthe contractor partners and of the legal representatives of any deceasedcontractor partners inter se.

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6

6LABOUR LAWS AND RELATED OBLIGATIONS 6.1Independent Contractor6.1.1The status of the contractor shall be that of an independent contractor.The contractor, its employees, agents and any subcontractors performingunder this contract are not employees or agents of the State or any agency,division or department of the State simply by virtue of work performedpursuant to this contract. Neither the contractor nor its employees shall beconsidered employees of the Railways or the Govt. of India/state simply byvirtue of work performed pursuant to this contract. 6.1.2To ensure complianceof labour laws in a service contract the bidder shall be disqualified forconsideration of award of the bid if she/they have been levied with a penaltyfor violation of labour laws for three times in the last two years (from the dateof opening of tender) by the appropriate enforcing agency like the LabourCommissioner etc. The declaration to this effect shall be furnished by thebidder as a part of his bid document -a format in this regard shall be made apart of the bid document. In case this declaration is found to be false, processfor 'banning of business' against the bidder/contractor shall be initiated as perextent rules. 6.1.3Indian Railways may also undertake measures, as decidedby competent authority, to ensure labour welfare for contract workers, asdeemed fit, such as: a) Helpline for complaints from labour regarding paymentof wages, work site facilities, sexual harassment etc. b) Provision for recordinganonymous complaints from workers, citizens etc. regarding violation of labourlaws by contractor

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6.1

6.1.4The Railways shall ensure that the contractor shall pay the wages to theirworkers not below the rate of minimum wages, as notified by the StateGovernment or Central Government, whichever is higher, through the banktransfer. The contractor will be required to submit every month, documentaryevidence in the form of bank statement of having transferred the grossminimum wages to each of the workers. Failure to do so will entail in IndianRailways taking up any measure to ensure the payment of wages including,but not limited to, withholding contractor's on-account bills. 6.2 Legalobligations:- The contractor shall be responsible for carrying out all legalobligations as may be required by the law. Broadly they are as under:-a.Contract Labour (Regulation and Abolition) Act, 1970 b.Minimum wages Act,1948 c.Payment of wages Act, 1936 d.The workman's compensation Act. 1923e.Provision of Employees provident Fund & Miscellaneous provisions Act.1952 f.Employees State Insurance Act, 1948 g.Employees pension scheme,1995 h.Factories Act, 1948 i.Enforcement of Employment of ManualScavengers & construction of Dry Latrines (Prohibitions) Act, 1993 j.ChildLabour Act, 1986 k.Apprentices Act, 1961 l.Equal remuneration Act,1976m.Safai Karamchari Act,1993 n.Industrial Disputes Act, 1947 o.MaternityBenefit Act, 1961 p.Trade Unions Act, 1965 q.Payment of Bonus Act,1972r.Industrial Employment (Standing Orders) Act, 1946 s.Payment of GratuityAct, 1972 t.Sexual Harassment of Women at Workplace (Prevention,Prohibition & Redressal) Act, 2013 6.3Labour Law Awareness 6.3.1Thecontractor has to mandatorily provide a comprehensive day-long trainingcarried out by a certified Third Party agency for the awareness of labour laws,grievance redressal mechanism and other provisions applicable to her staff,workers, labour employed by her directly or indirectly in service of theRailways. The contractor must submit relevant documentary proof to Railwaysof having conducted such training to all workers.

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6.2

6.3.2The contractor must provide a comprehensive booklet (that is approvedby Indian Railways) containing all the relevant updated labour legislations,rules and other applicable provisions, to every worker at the outset of thecontract in the local vernacular language. While all the laws mentioned inclause 6.2 are applicable to labour, some of the statutory provisions of the keylegislations are provided as follows- 6.4Provisions of Contract Labour(Regulation and Abolition) Act, 1970/ Rules 1950 6.4.1The contractor shallcomply 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 alsoindemnify the Railway from and against any claims under the aforesaid Actand the Rules. 6.4.2The registration of the principal employer and theestablishment shall be ensured before the commencement of the contract.6.4.3Contractors employing more than 20 workers shall obtain License fromthe Asst. Labour Commissioner before the commencement of the work andcontinue to have a valid license until the completion of the work. Any failure tofulfill the requirement shall attract the penal provision of the contract arisingout of the resultant non-execution of the work. 6.4.4The contractor shall sendhalf yearly return in form XXIV (in duplicate), provided in Annexure VIII toIndian Railways and to the Licensing Officer, so as to reach the Railways andLicensing Officer concerned not later than 30 days from the close of the halfyear. (Half year for the purpose of this rule means period of 6 monthscommencing from 1stJanuary and 1stJuly of every year). 6.4.5The contractorshall pay to the labour employed by her directly or through subcontractors thewages as per provision of the aforesaid Act and the Rules whereverapplicable. The contractor shall, notwithstanding the provisions of the contractto the contrary, cause to be paid the wages to labour indirectly engaged on theworks including any engaged by sub-contractors in connection with the saidwork, as if the labour had been immediately employed by her. 6.4.6In respectof all labour directly or indirectly employed in the work for performance of thecontractor's part of the contract, the contractor shall comply with or cause tobe complied with the provisions of the aforesaid Act and Rules whereverapplicable.

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6.3

6.4.7In every case in which, by virtue of the provisions of the aforesaid Act orthe Rules, the Railway is obliged to pay any amount of wages to a workeremployed by the contractor or her sub-contractor in execution of the work or toincur any expenditure on account of the contingent liability of the Railway, dueto the contractor's failure to fulfill her statutory obligations under the aforesaidAct or the rules, the Railway will recover from the contractor, the amount ofwages so paid or the amount of expenditure so incurred and without prejudiceto the rights of the Railway under the Section 20, Sub-Section (2) and Section2, Sub-Section (4) of the aforesaid Act. The Railway shall be at liberty torecover such amount or part thereof by deducting it from any sum due by theRailway to the contractor whether under the contract or otherwise. TheRailway 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 aforesaidAct except on the written request of the contractor and upon her giving to theRailway full security for all costs for which the Railway might become liable incontesting such claim. The decision of the Railway regarding the amountactually recoverable from the contractor as stated above shall be final andbinding on the contractor. 6.4.8The actual area of working i.e. station/colonyshall be registered with the regional, central labour commission office.6.4.9Principal Employer & Duties 6.4.9.1Principal Employer is: (a) in relation toany office or department of the Government or a local authority, the head ofthat office or department or such other officer as the Government or the localauthority, as the case may be, may specify in this behalf,(b) in any otherestablishment, any person responsible for the supervision and control of theestablishment. 6.4.9.2Duties of Principal Employer: It is the duty of thePrincipal Employer to ensure the amenities as described below under Sections17, 18, 19 of the Act, shall be provided by the contractor within the prescribedtime limit. Otherwise, such amenities shall be provided by the PrincipalEmployer and the necessary deductions shall be made to the extent facilitiesprovided. (Section 20)

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6.4

6.4.10Contractor's Responsibilities: The following provisions shall be made bythe contractor under the law- (a) Canteen -The necessary refreshment stallsshall be provided for the workers where the workforce is more than 100 by thecontractor (section 16). (b) Rest Rooms - Provision of rest rooms is essentialwherein the labour is required to halt at night in connection with the work(section 17) (c) Drinking Water & Sanitation - Provision of wholesome drinkingwater/ urinals/ washrooms/washing facilities/supply of dungaree cloth, soapsolution, coconut oil etc. shall be ensured to the contract labour (Section 18).Contractor shall permit inspection of all drinking water and sanitationarrangements at all times by the Manager, the Manager's representative orthe Medical staff of the Railway. Should the contractor fail to make theadequate sanitary arrangements, these will be provided by the Railway andthe cost therefore recovered from the contractor. (d) First Aid Facilities -Provision of First Aid facility shall be provided and maintained by the contractorduring all working hours. The first aid box shall be equipped with prescribedcontents as provided in Annexure XVI at the working place. First aid boxesshall be provided and maintained so as to be readily assessable during allworking hours at the rate of not less than 1 box for 150 contract labour or partthereof ordinarily employed. 6.4.11 Payment of Wages: (a)The responsibilityfor payment of wages lies with the contractor (Section 21) who shall beresponsible for payment of wages to each worker employed by her as contractlabour and such wages shall be paid before the expiry of such period as maybe prescribed. (b)Every Principal Employer shall nominate a representativeduly authorized by her to be present at the time of Disbursement of wages bythe contractor and it shall be the duty of such representative to certify theamounts paid as wages in such manner as may be prescribed. (c)In case thecontractor fails to make payment of wages within the prescribed period ormakes short payment, then the Principal employer shall be liable to makepayment of wages in full or the unpaid balance due, as the case may be, tothe contract labour employed by the contractor and recover the amount sopaid from the contractor. (d)The Minimum Rate of Wages for all Workers asnotified by Regional Labour Commissioner shall be paid through NationalizedBanks. (e) The Contractor shall ensure the Bank remittance of salaries for allher employees and necessary documents in this connection shall be furnishedto the Railways for claiming monthly bills.

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6.5

) In case of revision of rates of minimum wages, the contractor must alsosubmit documents regarding revision notifications of Minimum wages (Wagesand VDA) and proof of payment to the labour with revised rates. (g)Date ofpayment of wages to workers by the Contractor must be as follows-Employees less than one thousand (1000)Employees more than one thousand(1000) Before expiry of the seventh (7) day after the last day of wageperiodBefore the expiry of tenth (10) day after the last day of wage period(h)Any worker terminated by the contractor, the wages earned by the workershall be paid before expiry of second working day from the day on which theiremployment is terminated.All payments of wages shall be made on a workingday at the work place and during the working hours. Final payment shall bemade within 48 hours of the last working day. (j) Deductions: Wages shall bepaid without any deductions of any kind except those specified by the stategovernment and permissible under the payment of wages act 1936. MinimumWages Act, 1948/ Rules 1950 The contractor shall be responsible for ensuringcompliance with the provision of the Minimum Wages Act, 1948 (hereinafterreferred to as the "said Act") and the Rules made there under in respect of anyemployees directly or through petty contractors or sub- contractors employedby her/them. Following are the salient features of the Minimum Wages Act,1948 for which the contractor shall produce a certificate of compliance whichshall be verified bythe railway manager and placed on record. 6.5.1Wages toLabour: (a) The contractor shall display of notices in English and Hindi/localvernacular language in the workplace and other wise make all workers awareregarding the minimum rates of wages fixed, hours of work, wage period,abstract of laws & rules made there under, date & place of payment, Name,address & contact details of the Labour Enforcement Officer. (b) Thecontractor shall maintain the Register of Muster Roll, Register of Wages (FormXVII as provided in the Annexure VI), Register of Fines, Register of deductionsfor damages/loss, Register of Overtime at the workplace in the prescribedformats under the law. (c) The contractor shall issue monthly wage slips as perForm XIX provided in Annexure VII to all workers showing the details of thegross wages, deductions if any and the net wages. (d) The Contractor shallsubmit Annual Return in the prescribed form to the concerned LabourEnforcement Officer( Central).

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6.6

6.5.2Proof of Payment of Wages: Bank remittance of salaries of all thecontractor's workers and to produce the documents to the effect to Railwaysfor claiming monthly bills. 6.5.3Weekly Rest: The contractor shall also provideweekly rest on staggered basis to all workers and comply with all otherprovisions of the law. 6.6Provisions of Payments of Wages Act The Contractorshall comply with the provisions of the Payment of Wages Act, 1936 and therules made there-under in respect of all employees directly or through pettycontractors or sub-contractors employed by her in the services/works. If incompliance with the terms of the contract, the contractor directly or throughpetty contractors or sub-contractors shall supply any labour to be used whollyor partly under the direct orders and control of the Manager whether inconnection with the works to be executed hereunder or otherwise for thepurpose of the Manager, such labour shall nevertheless be deemed tocomprise persons employed by the contractor and any moneys which may beordered to be paid by the Manager shall be deemed to be moneys payable bythe Manager on behalf of the contractor and the Manager may on failure ofthe Contractor to repay such money to the Railways deduct the same from anymoneys due to the contractor in terms of the contract. The Railway shall beentitled to deduct from any moneys due to the contractor (whether under thiscontract or any other contract) all moneys paid or payable by the Railway byway of compensation of aforesaid or for costs of expenses in connection withany claim thereto and the decision of the Manager upon any question arisingout of the effect or force of this clause shall be final and binding upon thecontractor. 6.7Provisions of Employees Provident Fund and MiscellaneousProvisions Act, 1952 The contractor shall comply with the provisions of Para30 & 36-B of the Employees Provident Fund Scheme, 1952; Para's 3 & 4 ofEmployees' Pension Scheme, 1995; and Para 7 & 8 of Employees DepositLinked Insurance Scheme, 1976; as modified from time to time throughenactment of "Employees Provident Fund & Miscellaneous Provisions Act,1952", wherever applicable and shall also indemnify the Railway from andagainst any claims under the aforesaid Act and the Rules.

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6.7

6.7.1Employees' Provident Fund Scheme, 1952 6.7.1.1Payment ofContributions (a) The employer shall, in the first instance, pay both thecontribution payable by herself (in this Scheme referred to as the employer'scontribution) and also, on behalf of the member employed by her directly or byor through a contractor, the contribution payable by such member (in thisScheme referred to as the member's contribution). (b) In respect of employeesemployed by or through a contractor, the contractor shall recover thecontribution payable by such employee (in this Scheme referred to as themember's contribution) and shall pay to the principal employer the amount ofmember's contribution so deducted together with an equal amount ofcontribution (in this Scheme referred to as the employer's contribution) andalso administrative charges. (c) It shall be the responsibility of the principalemployer to pay both the contribution payable by herself in respect of theemployees by or through a contractor and also administrative changes.Explanation: For the purposes of this paragraph, the expression"administrative charges" means such percentage of the pay (basic wages,dearness allowance, retaining allowance, if any, and cash value of foodconcessions admissible thereon) for the time being payable to the employeesother than an excluded employee, and in respect of which Provident FundContribution are payable as the Central Government may, in consultation withthe Central Board and having regard to the resources of the Fund for meetingits normal administrative expenses fix.} 6.7.2Employees' Pension Scheme,1995 Para 3 (1): From and out of the contributions payable by the employer ineach month under Section 6 of the "Act" or under the rules of the ProvidentFund of the establishment which is exempted either under clauses (a) and (b)of sub-section (i) of Section 17 of the Act or whose employees are exemptedunder either paragraph 27 or paragraph 27-A of the Employees' ProvidentFund Scheme, 1952, a part of contribution representing 8.33 per cent of theEmployee's pay shall be remitted by the employer to the Employees' Pensionfund within 15 days of the close of every month by a separate bank draft orcheque on account of the Employees' Pension Fund contribution in suchmanner as may be specified in this behalf by the Commissioner. The cost ofthe remittance, if any, shall be borne by the employer. Para 3(2): The CentralGovernment shall also contribute at the rate of 1.16 per cent of the pay of themembers of the Employees' Pension Scheme and credit the contribution to theEmployees' Pension Fund: Para 4: Payment of Contribution: (a) The employershall pay the contribution payable to the Employees' Pension Fund in respectof each member employed by her directly or by or through a contractor. (b) Itshall be the responsibility of the Principal employer to pay the contributionspayable to the Employees' Pension Fund by herself in respect of theemployees directly employed by her and also in respect of the employeesemployed by or through a contractor. 6.7.3Employees' Deposit LinkedInsurance Scheme, 1976

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6.8

6.7.3.1Contribution (Para 7 & 8): (a) The contribution payable by the employerand the Central Government under sub-section (2) and sub-section (3) ofSection 6-c of the Act, shall be calculated on the basis of the basic of the basicwages, dearness allowance (including the cash value of any food concession)and retaining allowance, if any, actually drawn during the whole monthwhether paid on daily, weekly, fortnightly or monthly basis. Provided thatwhere the monthly pay of an employee exceeds fifteen thousand rupees, thecontribution payable in respect of her by the employer and the CentralGovernment shall be limited to the amounts payable on a monthly pay offifteen thousand rupees including dearness allowance, retaining allowance (ifany) and cash value of food concession. (b) The contribution by the employershall be remitted by her together with administrative charges at such rate asthe Central Government may fix from time to time under subsection 4 ofSection 6-c of the Act, to the Insurance Fund within fifteen days of the close ofevery month by a separate bank draft or cheque or by remittance in cash insuch manner as may be specified in this behalf by the Commissioner. The costof remittance, if any, shall be borne by the employer. (c) It shall be theresponsibility of the employer to pay the contribution payable by herself inrespect of the employees directly employed by her and also in respect of theemployees employed by or through a contractor. 6.7.3.2Reporting ofAccidents to Labour: The Contractor shall be responsible for the safety of allemployees directly or through petty contractors or sub-contractor employed byher on the works and shall report serious accidents to any of them howeverand wherever occurring on the works to the Manager or the Manager'sRepresentative and shall make every arrangement to render all possibleassistance. 6.7.3.3Duties of Contractors: With reference to the provisions ofClause 6.7 above, it shall be the primary duty of the employer (contractor) toensure compliance with the provisions of the said Acts. Every contractor shall,within seven days of the close of every month (or any other period specified bythe Railways), submit to the Principal Employer a documentary proof of havingcomplied with the aforementioned Acts (as applicable) which shall bemandatory before the on account bills are cleared. The contractor(s) shallconform to all laws, bye-laws rules and regulations for the time being in forcepertaining to the employment of local or imported labour and shall take allnecessary precautions to ensure and preserve the health and safety of all staffemployed directly or through petty contractors or Sub -contractors on theworks/ services. 6.7.3.4Duties of Indian Railways: Indian Railways shall uploadthe details of all the contractors under their employ on the EPFO portal onlinein order to ensure compliance of the contractor with the labour laws and rulesimplemented by the Employees' Provident Fund Organization.

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6.9

6.8Provisions of Workmen's Compensation Act 6.8.1This Act facilitates toprovide for the payment by certain classes of employers to their workers ofcompensation for injury by accident. 6.8.2It is the Employer's liability to pay thecompensation to a worker for death or personal injury resulting into total orpartial disablement or occupation disease caused to a worker arising out ofand during the course of employment (Section 3). The amount ofcompensation is as per the Section 4 of the Act. 6.8.3The contractor shallaccept liability for compensation in accordance with the provisions of theWorkmen's' Compensation Act, 1923 or any statutory modification thereof forthe time being in force in respect of the persons employed by her/ him. 6.8.4Inevery case in which by virtue of the provisions of Section 12 Sub-Section (1) ofthe Workmen's Compensation Act 1923,Railwayis obliged to paycompensation to a worker directly or through petty contractor or subcontractoremployed by the contractor in executing the work, Railway will recover fromthe contractor the amount of the compensation so paid, and, without prejudiceto 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 bydeducting it from any sum due by Railway to the contractor. 6.9The MaternityBenefit Act, 1961 The Maternity Benefit Act 1961 will be applicable to thecontractor's staff, workers, labour employed directly or indirectly through sub-contractors or petty contractors. While the entire act is applicable, the followingprovisions must be given special regard. 6.9.1Employment of, or work by,women prohibited during certain periods (Section 4) (a) Without prejudice tothe provisions of section 6, no pregnant woman shall, on a request beingmade by her in this behalf, be required by her employer to do during theperiod specified in sub-section (4) any work which is of an arduous nature orwhich involves long hours of standing, or which in any way is likely to interferewith her pregnancy or the normal development of the foetus, or is likely tocause her miscarriage or otherwise to adversely affect her health. (b) Theperiod referred to in sub-section (3) shall be Tender the period of one monthimmediately preceding the period of six weeks, before the date of herexpected delivery; ii. any period during the said period of six weeks for whichthe pregnant woman does not avail of leave of absence under section 6.6.9.2Right to payment of maternity benefits (Section 5)- (a) Subject to theprovisions of this Act, every woman shall be entitled to, and her employer shallbe liable for, the payment of maternity benefit at the rate of the average dailywage for the period of her actual absence, that is to say, the periodimmediately preceding the day of her delivery, the actual day of her deliveryand any period immediately following that day. (b) The maximum period forwhich any woman shall be entitled to maternity benefit shall be twenty sixweeks of which not more than eight weeks shall precede the date of herexpected delivery.

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6.10

6.9.3Dismissal during absence of pregnancy (Section 12) (a) The contractorshall not dismiss or discharge a woman on the account of being pregnant anytime during the contract period. (b) When a pregnant woman absents herselffrom work in accordance with the provisions of this Act, it shall be unlawful forher employer to discharge or dismiss her during or on account of suchabsence or to give notice of discharge or dismissal on such a day that thenotice will expire during such absence, or to vary to her disadvantage any ofthe conditions of her service. (c) The discharge or dismissal of a woman at anytime during her pregnancy, if the woman but for such discharge or dismissalwould have been entitled to maternity benefit or medical bonus referred to insection 8, shall not have the effect of depriving her of the maternity benefit ormedical bonus. 6.10 The Sexual Harassment of Women at the Workplace(Prevention and Redressal) Act, 2013 The contractor must set up an internalcomplaints committee in accordance to the Act for the redressal of sexualharassment at the workplace for all the workers under her employ. Thecontractor's staff, workers, labour employed directly or indirectly through sub-contractors or petty contractors will also be able to approach the Railways'Internal Complaints Committee set up under the Act to file a complaint ofsexual harassment. In the absence of such a committee already in place, theperson responsible for the management, supervision and control of theworkplace at Railways will be required to constitute a committee according tothe Act. 6.11Safai Karmachari Act, 1993 6.11.1The National Commission forthe Safai Karamacharis was constituted under this Act to promote andsafeguard the interests/rights of Safai Karamacharis. 6.11.2The guidelines andinstructions issued by National Commission for Safai Karmachari, Govt. ofIndia shall be complied with by the contractor. The National Commission underthis Act have the Constitutional Provisions/Rights to investigate any specificgrievances of Safai Karmacharis. Hence, it is the duty of the contractor tocomply the provisions under this Act. 6.12 Child Labour (Prohibition andRegulation) Act, 1986 Provisions of Child Labour (Prohibition and Regulation)Act, 1986 along with its latest amendments would be binding on the contractor.6.12.1Non-Employment of Labour below the Age of 18: The contractor shallnot employ anyone below the age of 18 as labour directly or through pettycontractors or sub- contractors for the execution of work. 6.13Apprentices Act,1961 6.13.1The contractor shall be responsible to ensure compliance with theprovisions of the Apprentices Act, 1961 and the Rules and Orders issued thereunder from time to time in respect of apprentices directly or through pettycontractors or sub-contractors employed by her for the purpose of carrying outthe contract. 6.13.2If the contractor directly or through petty contractors orsub-contractors fails to do so, their failure will be a breach of the contract andthe Railway may, in its discretion, rescind the contract. The contractor shallalso be liable for any pecuniary liability arising on account of any violation ofthe provisions of the Act. Note: The contractors are required to engageapprentices when the works undertaken by them last for a period of one yearor more and/or the cost of works is rupees one lakh or more.

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6.11

6.14 Miscellaneous Provisions 6.14.1Railway Not to Provide Quarters forContractors (a) No quarters shall normally be provided by the Railway for theaccommodation of the contractor or any of their staff employed on the work.(b) In exceptional cases where accommodation is provided to the contractor atthe Railway's discretion, recoveries shall be made at such rates as may befixed by the Railway for the full rent of the buildings and equipment there in aswell as charges for electricity, water supply and conservancy. 6.14.2LabourCamps and Provisions for Workers (a) The contractor shall at her ownexpense make adequate arrangements for the housing, supply of drinkingwater and provision of clean sanitation including urinals etc. for her staff andworkers, directly or through the petty contractors or sub-contractors. (b) Thecontractor shall also make provision for temporary creche (Bal-mandir) where50 or more workers are employed at a time. (c) Suitable sites on Railway land,if available, may be allotted to the contractor for the erection of labour camps,either free of charge or on such terms and conditions that may be prescribedby the Railway. (d) All camp sites shall be maintained in clean and sanitaryconditions by the Contractor at her own cost. 6.14.3Preservation of Peace (a)The contractor shall take requisite precautions and use their best endeavors toprevent any riotous or unlawful behavior by or amongst their workers andothers, employed directly or through the petty contractors or sub-contractorsfor services, and for the preservation of peace and protection of theinhabitants and security of property in the neighborhood of the site ofwork/services. (b) In the event of the Railway requiring the maintenance of aspecial Police Force at or in the vicinity of the site during the tenure of servicecontract, the expenses thereof shall be borne by the contractor and if paid bythe Railway shall be recoverable from the contractor.

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6.12

6.14.4Treatment of Contractor's Staff in Railway Hospitals (a) In times ofemergency or due to lack of availability of medical care, the contractor's labourand their families will be granted free treatment in Railway Hospitals anddispensaries. (b) However, the cost incurred for such treatment of thecontractor or her labour including the cost of medicines, dressing and dietmoney according to the normal scale and additional charges for specialexaminations such as pathological and bacteriological examination, XRay, etc.and for surgical operation etc. may be recoverable from the contractor in suchcases. (c) In all other circumstances, the contractor and their staff, their labourand their families requiring medical aid from the Railway Hospital anddispensaries will be treated as private patients and charged accordingly.6.14.5Medical Facilities at Site The contractor shall provide medical facilities atthe site as may be prescribed by the Manager on the advice of the RailwayMedical Authority in relation to the strength of the contractor's resident staffand workers. 6.14.6Railway Schools for Contractor's Staff During the contractperiod, the contractor, her staff/ employees, workers or any labour employedthrough sub-contractor or petty sub-contractors, can approach the RailwaySchool in the vicinity of the site of work, for admission of their wards, which willbe granted at the sole discretion of the Railways. 6.14.7Use of Intoxicants Thecontractor or her staff or any labour employed through sub-contractors orpetty contractors, shall be prohibited from the use of any intoxicatingsubstances including, but not limited to, intoxicating beverages during theservice period or on site or near the site or in any of the trains, stations,buildings, encampments or tenements owned, occupied by or within thecontrol of the Contractor or any of her/ his employees. The contractor shallexercise influence and authority to the utmost extent to secure strictcompliance with this condition. 6.14.8Restrictions on the Employment ofRetired Managers of Railway Services within One Year of their Retirement Thecontractor shall not, if she is a retired Government Manager of Gazetted rank,herself engage in or employ or associate a retired Government Manager ofGazetted rank, who has not completed one year from the date of retirement, inconnection with this contract in any manner whatsoever without obtaining priorpermission of the President and if the contractor is found to have contravenedthis provision it will constitute a breach of contract and administration will beentitled to terminate the contract at the risk and cost of the contractor andforfeit earnest money deposit (EMD) and performance guarantee (PG) of thecontract.

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6.13

6.15 Medical Certificate of Fitness for Labour: The contractor shall not employa person below 18 years of age. For the purpose of execution of work/services under the contract, a medical certificate of fitness in the prescribedform (Annexure- X) granted to each worker by a certifying surgeon certifyingthat she is fit to work as an adult shall be obtained and kept in the custody ofthe contractor or a person nominated by her in this behalf and the personcarries with her, while at work, a token giving a reference to such certificate.The same shall be produced to the Railways on demand. 6.15.1Period ofValidity of Medical Fitness Certificate: A certificate of fitness granted orrenewed for the above said purposes shall be valid only for a period of oneyear at a time. The certifying surgeon shall revoke a certificate granted orrenewed if in her opinion the holder of it is, no longer fit for work in the capacitystated therein. Where a certifying surgeon refuses to grant or renew acertificate or revoke a certificate, she shall, if so required by the personconcerned, state her reasons in writing for doing so. 6.15.2Medical Re-Examination of Labour: Where any official appointed in this behalf by theMinistry of Labour is of the opinion that any person employed in connectionwith the execution of any work under this contract in the age group 18 to 65years is without a certificate of fitness or is having a certificate of fitness but nolonger fit to work in the capacity stated in the certificate, she may serve on thecontractor, or on the person nominated by her/him in this regard, a noticerequiring that such persons shall be examined by a certifying surgeon andsuch person shall not if the concerned official so directs, be employed orpermitted to do any work under this contract unless she has been medicallyexamined and certified that she has been granted a certificate of fitness or afresh certificate of fitness, as the case may be. EXPLANATIONS: (1) OnlyQualified Medical Practitioners can be appointed as "Certifying Surgeons" andthe term "Qualified Medical Practitioners" means a person holding aqualification granted by an authority specified in the Schedule to the IndianMedical Degrees Act, 1916 (VII to 1916) or in the Schedule to the IndianMedical Council Act, 1933 (XXVII) of 1933. (2) The certifying surgeon must bea medical officer in the service of State/central govt/Municipal Corporation.6.16 Police Verification of Labour employed by Contractor The contractor isrequired to submit Police Verification Certificates for all contractual staff thatshe/he will be hiring for delivery of services for Indian Railways. The format forthe same is provided in the Annexure Xl. 6.17Mandatory Compliance ofGovernment Schemes The contractor must ensure and provide documentaryevidence for the following- 6.17.1All the workers or labour employed directly orindirectly by the contractor must be enrolled under the Pradhan Mantri JanDhan Yojana (PMJDY), a scheme that aims to provide all the citizens of India abank account, credit facility, insurance cover and debit card.

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6.14

6.17.2All the workers or labour employed directly or indirectly by the contractorbetween the ages 18-70 years must be enrolled under the Pradhan MantriSuraksha Bima Yojana (PMSBY), an accident insurance scheme which will bea one year cover, renewable from year to year, offering accidental death anddisability cover for death or disability on account of an accident. The contractorwill be responsible to pay the premium per annum per member for all herworkers during the contract period. 6.17.3All the workers or labour employeddirectly or indirectly by the contractor between the ages 18-50 years must beenrolled under the Pradhan Mantri Jeevan Jyoti Bima Yojana, an insurancescheme which will be a one year cover, renewable from year to year, offeringlife insurance cover for death due to any reason. The contractor will beresponsible to pay the premium per annum per member for all her workersduring the contract period. 6.17.4The contractor must submit documentaryevidence to show the coverage of all her workers or labour under the abovementioned schemes at all times during the contract period on an annual basis.6.18In order to increase transparency in payment of Contract labour wages &other payment, a web based e-application has been developed & hosted onwebsite www.shramikkalyan.indianrailways.gov.in. 6.18.1 Contractor is toabide by provision of payment of wages act & minimum wages act in terms ofclause VI (6.1-6.17) of Indian Railway General Condition of Contract forservice. In order to ensure the same, an application has been developed &hosted on website www.shramikkalyan.indianrailways.gov.in. The contractorshall register his firm/company etc. & upload requisite details of labour & theirpayment in this portal. These details shall be available in public domain. TheRegistration/ updation of portal shall be done as under: 6.18.1.1Contractorshall apply for onetime registration of his company/firm etc. in theshramikkalyan portal with requisite details subsequent to issue of Letter ofAcceptance. Manager shall approve the contractor's registration on portalwithin 7 days of receipt of such request. 6.18.1.2Contractor once approved byany manager, can create password with login ID (PAN No.) for subsequentuse of portal for all LOAs issued his favour. 6.18.1.3The contractor onceregistered on portal, shall provide details of his Letter of Acceptances (LOA)/Contract Agreement on shramikkalayan portal within 15 days of issue of anyLOA for approval of concerned Manager. Manager shall update (if required) &approve the details of LOA filled by contractor within 7 days of receipt of suchrequest. 6.18.1.4After approval of LOA by manager, contractor shall fill thesalient details of contract labours engaged in the contract & ensure updating ofeach wage payment to them on shramikkalyan portal on monthly basis.

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6.15

6.18.1.5It shall be mandatory upon the contractor to ensure correct & promptuploading of all salient details of engaged contractual labour & payment madethereof after each wage period. 6.18.2 Before payment of any 'On Account bill'or 'Final bill' or release of 'Advance' or 'Performance Guarantee', contractorshall submit a certificate to the Manager or Manager representatives that "Ihave uploaded the correct details of contract labours engaged in connectionwith this contract & payment made them during the wage period in Railway'sShramikkalayan portal at 'www.shramikkalayan.indianrailways.gov.in'till.....Month,........Year."

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7

7DETERMINATION OF CONTRACT 7.1Right of Railway to Determine theContract The Railway shall be entitled to determine and terminate the contractat any time should, in the Railway's opinion, the cessation of work becomesnecessary owing to paucity of funds or from any other cause whatever, inwhich case the value of approved materials at site and/ or of work done todate 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 reasonstherefore shall be conclusive evidence thereof. 7.2Payment on Determinationof Contract Should the contract be determined under clause 7.1 and thecontractor claims payment for expenditure incurred by her in the expectationof completing the whole of the work, the Railways shalladmit and considersuch claims as are deemed reasonable and are supported by vouchers to thesatisfaction of the Manager. The Railway's decision on the necessity andpropriety of such expenditure shall be final and conclusive. 7.3No Claim onCompensation The contractor shall have no claim to any payment ofcompensation or otherwise, howsoever on account of any profit or advantagewhich she might have derived from the execution of the work in full but whichshe did not derive in consequence of determination of contract.

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7.1

7.4Determination of Contract Owing to Default of Contractor If the contractorshould - (a) Become bankrupt or insolvent, or (b) Make an arrangement withof assignment in favour of her creditors, or agree to carry out the contractunder a Committee of Inspection of her creditors, or (c) Being a Company orCorporation, go into liquidation (other than a voluntary liquidation for thepurposes of amalgamation or reconstruction), or (d) Have an execution leviedon her goods or property on the services, or (e) Assign the contract or anypart thereof otherwise than as provided in clause 4.5 of these Conditions, or (f)Abandon the contract, or (g) Persistently disregard the instructions of theManager, or contravene any provisions of the contract, or (h) Fail to adhere tothe agreed programme of work by a margin of 10% of the stipulated period, or(i) Have been imposed with maximum cumulative penalty as per clause 4.17.1,or (j) Fail to remove materials from the site or to pull down and rectify servicewherever applicable after receiving from the Manager notice to the effect thatthe said materials or (k) have been condemned or rejected under clause 4.25,4.27 and 4.28 of these Conditions, or (I) Fail to take steps to employcompetent or additional staff and labour as required under clause 4.26 of theConditions, or (m) Fail to afford the Manager or Manager's representativeproper facilities for inspecting the services or any part thereof as requiredunder clause 4.29 of the Conditions, or (n) Promise, offer or give any bribe,commission, gift or advantage either herself or through her partner, agent orservant to any officer or employee of the Railway or to any person on her oron their behalf in relation to the execution of this or any other contract with thisRailway. (o) At any time after the bid relating to the contract, has been signedand submitted by the contractor, being a partnership firm admits as one of itspartners or employees under it, or being an incorporated company elect ornominate or allow to act as one of its directors or employee under it in anycapacity whatsoever, any retired officer of the Gazetted rank or any otherretired Gazetted officer working before her retirement, whether in theexecutive or administrative capacity, or whether holding any pensionable postor not, in the Railways for the time being owned and administered by thePresident of India before the expiry of one year from the date of retirementfrom the said service of such officer, unless such officer has obtainedpermission from the President of India or any officer duly authorised by her inthis behalf, to become a partner or a director or to take employment under thecontract as the case may be, orFail to give at the time of submitting the saidbid: (i) The correct information as to the date of retirement of such retiredofficer from the said service, or as to whether any such retired officer wasunder the employment of the contractor at the time of submitting the said Bid,or (ii) The correct information as to such officers obtaining permission to takeemployment under the contractor, or

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7.2

(iii) Being a partnership firm, the correct information as to, whether any of itspartners was such a retired officer, or (iv) Being in incorporated company,correct information as to whether any of its directors was such a retired officer,or (v) Being such a retired officer suppress and not disclose at the time ofsubmitting the said bid the fact of her being such a retired officer or make atthe time of submitting the said bid a wrong statement in relation to herobtaining permission to take the contract or if the contractor be a partnershipfirm or an incorporated company to be a partner or director of such firm orcompany as the case may be or to seek employment under the contractor.Then and in any of the said clause, the Manager on behalf of the Railway mayserve the contractor with notices stipulated in the clauses 7.4.1, 7.4.2 & 7.4.3.7.4.1Performance Notice (a) In the event of the above and in any of the saidclauses, the Manager on behalf of the Railway may serve the Contractor witha Performance notice as per Annexure-XII of GCC for services in writing to theeffect to make good the default as well as initiation of bidding process for thebalance service. (b) Railways reserves the right to float a new tender andinvite bids for the delivery of services to replace the contractor put on notice,from the date on which this notice is served. The existing contractor shall notbe allowed to participate in any bid which includes delivery of balance servicesof subject contract. However, in case the existing contractor's performancehas improved to the satisfaction of the Manager, then Railways may terminatethe bid proceedings, at any stage of the bid process. (c) NotwithstandingRailway's initiation of the bidding process, the financial bids shall be openedonly after the termination of the subject contract. (d) After the issue of thisnotice, the performance of contractor shall be assessed on a weekly basis bythe manager. Manager, if satisfied with the improvement in the performance ofcontractor, may issue a letter of revocation of the performance notice as perAnnexure-XIII of GCC for services If the performance is found unsatisfactoryafter the first week or thereafter, then Railways will be at liberty to issue the 7-day notice, which will be governed by Section 7.4.2. 7.4.2Seven Days' NoticeAfter delivery of the performance notice to the contractor, if she does notproceed to make good her default and carry on the services or comply withsuch directions as aforesaid, to the entire satisfaction of the Manager, theRailway shall be entitled to serve 7 days' notice as per Annexure-XIV of GCCfor services, further in writing to either commence the service or improvequality of services to the prescribed standard. The failure to do so shall entail atermination notice being served under the hand of the Manager, to rescind thecontract as a whole or in part or parts (as may be specified in such notice).7.4.3Termination Notice If no action to commence the service or improve thequality thereof is taken by the contractor with in the 7 days notice period, thena final termination notice as per Annexure -XV of GCC for services shall beissued.

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7.3

7.5Right Of Railway After Rescission of Contract Owing to Default ofContractor In the event of any or several of the courses, referred to in clause7.4.3, being adopted: 7.5.1The contractor shall have no claim to compensationfor any loss sustained by her by reason of her having purchased or procuredany materials or entered into any commitments or made any advances onaccount of or with a view to the delivery of the services wherever applicable orthe performance of the contract and contractor shall not be entitled to recoveror be paid any sum for the services wherever applicable thereto actuallyperformed under the contract unless and until the Manager shall have certifiedthe performance of such services wherever applicable and the value payablein respect thereof and the contractor shall only be entitled to be paid the valueso certified. 7.5.2The Manager or the Manager's Representative shall beentitled to take possession of any materials, tools, implements, machinery andbuildings on the services wherever applicable or on the property on whichthese are being or ought to have been executed, and to retain and employ thesame in the further execution of the services wherever applicable or any partthereof until the completion of the services without the contractor being entitledto any compensation for the use and employment thereof or for wear and tearor destruction thereof. 7.5.3The Manager shall as soon as may be practicableafter removal of the contractor fix and determine ex parte or by or afterreference to the parties or after such investigation or enquiries as she mayconsider fit to make or institute and shall certify what amount (if any) had atthe time of rescission of the contract been reasonably earned by or wouldreasonably accrue to the contractor in respect of the services then actuallydone by her under the contract and what was the value of any unused, orpartially used materials, any tools and plants and any temporary works uponthe site. The legitimate amount due to the contractor after making necessarydeductions and certified by the Manager should be released expeditiously.

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8

8SETTLEMENT OF DISPUTES - INDIAN RAILWAY ARBITRATION RULES8.1Matters Finally Determined by the Railways All disputes and differences ofany kind whatsoever arising out of or in connection with the contract, whetherduring the progress of the work or after its completion and whether before orafter the determination of the contract, shall be referred by the contractor tothe GM and the GM shall, within 120 days after receipt of the contractor'srepresentation, make and notify decisions on all matters referred to by thecontractor in writing provided that matters for which provision has been madein Clauses 3.5, 4.13, 4.22.4, 4.41.1, 5.4.2, 5.5.2. (c), 6.5, 6.6, 6.7, 6.8, 7.1,7.2, and 7.4 and sub clauses thereof of General Conditions of Contract forServices or in any clause of the Special Conditions of the Contract shall bedeemed as 'excepted matters' (matters not arbitrable) and decisions of theRailway authority, thereon shall be final and binding on the contractor;provided further that 'excepted matters' shall stand specifically excluded fromthe purview of the Arbitration Clause. 8.2Demand for Arbitration 8.2.1In theevent of any dispute or difference between the parties hereto as to theconstruction or operation of this contract, or the respective rights and liabilitiesof the parties on any matter in question, dispute or difference on any accountor as to the withholding by the Railway of any certificate to which thecontractor may claim to be entitled to, or if the Railway fails to make a decisionwithin 120 days, then and in any such case, but except in any of the "exceptedmatters" referred to in clause 63 of these Conditions, the contractor, after 120days but within 180 days of her presenting her final claim on disputed mattersshall demand in writing that the dispute or difference be referred to arbitration.8.2.1.1(a)The demand for arbitration shall specify the matters which are inquestion, or subject of the dispute or difference as also the amount of claimitem-wise. Only such dispute or difference, in respect of which the demand hasbeen made, together with counter claims or set off, given by the Railway, shallbe referred to arbitration and other matters shall not be included in thereference. (b) The parties may waive off the applicability of sub-section 12(5)of Arbitration and Conciliation](Amendment) Act 2015, if they agree for suchwaiver, in writing, after dispute having arisen between them, in the formatgiven under Annexure XII of GCC for services. 8.2.2 (a) The Arbitrationproceedings shall be assumed to have commenced from the day, a writtenand valid demand for arbitration is received by the Railway. (b) The claimantshall submit her claim stating the facts supporting the claims along with all therelevant documents and the relief or remedy sought against each claim withina period of 30 days from the date of appointment of the Arbitral Tribunal. (c)The Railway shall submit its defense statement and counter claim(s), if any,within a period of 60 days of receipt of copy of claims from Tribunal thereafter,unless otherwise extension has been granted by Tribunal. (d) Place ofArbitration: The place of arbitration would be within the geographical limits ofthe Division of the Railway where the cause of action arose or theHeadquarters of the concerned Railway or any other place with the writtenconsent of both the parties.

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8.1

8.2.3No new claim shall be added during proceedings by either party.However, a party may amend or supplement the original claim or defencethereof during the course of arbitration proceedings subject to acceptance byTribunal having due regard to the delay in making it. 8.2.4If the contractor(s)does/do not prefer her/their specific and final claims in writing, within a periodof 90 days of receiving the intimation from the Railways that the final bill isready for payment, she/they will be deemed to have waived her/their claim(s)and the Railway shall be discharged and released of all liabilities under thecontract in respect of these claims. 8.3Obligation During Pendency OfArbitration Work under the contract shall, unless otherwise directed by theManager, continue during the arbitration proceedings, and no payment due orpayable by the Railway shall be withheld on account of such proceedings,provided, however, it shall be open for Arbitral Tribunal to consider and decidewhether or not such work should continue during arbitration proceedings.8.4Appointment of Arbitrator : 8.4.1Appointment of Arbitrator whereapplicability of section 12 (5) of Arbitration and Conciliation Act has beenwaived off. (a) In cases where the total value of all claims in question addedtogether does not exceed Rs.1,00,00,000/- (Rupees one crore only), theArbitral Tribunal shall consist of a Sole Arbitrator who shall be a GazettedOfficer of Railway not below JA Grade, nominated by the General Manager.The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM. (b) In cases notcovered by the clause 8.4.1 (a), the Arbitral Tribunal shall consist of a Panel ofthree Gazetted Railway Officers not below JA Grade or 2 Railway GazettedOfficers not below JA Grade and a retired Railway Officer, retired not belowthe rank of SAG Officer, as the arbitrators. For this purpose, the Railway willsend a panel of at least four (4) names of Gazetted Railway Officers of one ormore departments of the Railway which may also include the name(s) ofretired Railway Officer(s) empanelled to work as Railway Arbitrator to thecontractor within 60 days from the day when a written and valid demand forarbitration is received by the GM. Contractor will be asked to suggest toGeneral Manager at least 2 names out of the panel for appointment ascontractor's nominee within 30 days from the date of dispatch of the requestby Railway. The General Manager shall appoint at least one out of them as thecontractor's nominee and will, also simultaneously appoint the balance numberof arbitrators either from the panel or from outside the panel, duly indicatingthe 'presiding arbitrator' from amongst the 3 arbitrators so appointed. GM shallcomplete this exercise of appointing the Arbitral Tribunal within 30 days fromthe receipt of the names of contractor's nominees. While nominating thearbitrators, it will be necessary to ensure that one of them is from the AccountsDepartment. An officer of Selection Grade of the Accounts Department shallbe considered of equal status to the officers in SA grade of other departmentsof the Railway for the purpose of appointment of arbitrator.

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8.4.2Appointment of Arbitrator where applicability of section 12 (5) of A&C Acthas not been waived off :The Arbitral Tribunal shall consist of a Panel of three(3) retired Railway Officer, retired not below the rank of SAG Officer, as thearbitrators. For this purpose, the Railway will send a panel of at least four (4)names of retired Railway Officer(s) empanelled to work as Railway Arbitratorduly indicating their retirement date to the contractor within 60 days from theday when a written and valid demand for arbitration is received by the GM.Contractor will be asked to suggest to General Manager at least 2 names outof the panel for appointment as contractor's nominee within 30 days from thedate of dispatch of the request by Railway. The General Manager shall appointat least one out of them as the contractor's nominee and will, alsosimultaneously appoint the balance number of arbitrators either from the panelor from outside the panel, duly indicating the 'presiding arbitrator' fromamongst the 3 arbitrators so appointed. GM shall complete this exercise ofappointing the Arbitral Tribunal within 30 days from the receipt of the names ofcontractor's nominees. While nominating the arbitrators, it will be necessary toensure that one of them has served in the Accounts Department. 8.4.3If oneor more of the arbitrators appointed as above refuses to act as arbitrator,withdraws from his office as arbitrator, or vacates her/their office/offices oris/are unable or unwilling to perform her functions as arbitrator for any reasonwhatsoever or dies or in the opinion of the General Manager fails to actwithout undue delay, the General Manager shall appoint newarbitrator/arbitrators to act in her/their place in the same manner in which theearlier arbitrator/arbitrators had been appointed. Such re-constituted Tribunalmay, at its discretion, proceed with the reference from the stage at which itwas left by the previous arbitrator (s). 8.4.3.1(a)The Arbitral Tribunal shallhave power to call for such evidence by way of affidavits or otherwise as theArbitral Tribunal shall think proper, and it shall be the duty of the parties heretoto do or cause to be done all such things as may be necessary to enable theArbitral Tribunal to make the award without any delay. The proceedings shallnormally be conducted on the basis of documents and written statements. (b)Before proceeding into the merits of any dispute, the Arbitral Tribunal shall firstdecide and pass its orders over any plea submitted/objections raised by anyparty, if any, regarding appointment of Arbitral Tribunal, validity of arbitrationagreement, jurisdiction and scope of the Tribunal to deal with the dispute (s)submitted to arbitration, applicability of time 'limitation' to any dispute, anyviolation of agreed procedure regarding conduct of the arbitral proceedings orplea for interim measures of protection and record its orders in day to dayproceedings. A copy of the proceedings duly signed by all the members oftribunal should be provided to both the parties. (c) Qualification of Arbitrator(s):(i) Serving Gazetted Railway Officers of not below JA Grade level. (ii) RetiredRailway Officers not below SA Grade level, three years after his date ofretirement. (iii) Age of arbitrator at the time of appointment shall be below 70years. (iv) An arbitrator may be appointed notwithstanding the total number ofarbitration cases in which he has been appointed in the past.

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9GENERAL & SPECIAL CONDITIONS OF CONTRACT NOTE: •This sectiondeals with the conditions of Contract under which the various works comingunder the purview of this contract are to be executed by the Contractor. Thisshould be read in conjunction with General Conditions of Contract for Serviceissued by Ministry of Railway 2018 as amended from time to time. •Thefollowing Special Conditions shall supplement and be read together with theGeneral Conditions of Contract (GCC) of Ministry of Railway and the extantorders along with the amendments, if any, issued by the Govt. of India,Ministry of Railways (Railway Board) from time to time. •The GCC is pricedpublication and it may be purchased by the bidder on payment of theprescribed price from Chief Manager/NCR/ALD. On behalf of the President ofIndia, Sr. DOM/North Central Railway/AGRA here in after referred to as"Railways" invites tender (Bid) from established experienced and reliablecontractors for delivering of service/work as per details in tender (bid)document and advertised in notice inviting tender in North Central Railway website. The contract emerging out to this tender shall be referred to as "Servicecontract" and the contractor who is awarded the contract shall be referred as"Service Contractor".

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9.1.1The several documents forming the tender are to be taken mutuallycomplimentary to one another. 9.1.2The tender (bid) shall be governed bygeneral conditions of contract for service issued by Ministry of Railway on Feb2018 (as amended from time to time) preamble and general instructions toBidders and special conditions of contract. Wherever there is discordancebetween any of these documents, various provisions shall have overridingpriority in the following order: {9.1.2.5 having highest priority} 9.1.2.1Preambleand general instruction to Bidder. 9.1.2.2General conditions of contract forservice issued by Ministry of Railway on Feb 2018 (as amended from time totime). 9.1.2.3Technical specifications. 9.1.2.4General & special conditions ofcontract. 9.1.2.5Special terms & conditions of tender. 9.1.3If there are varyingor conflicting provisions in the documents forming part of the contract, the Sr.DOM/NCR/AGRA shall be deciding authority with regard to the intentions ofthe provisions and decisions shall be final and binding on the contractor.

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9.2 LOCAL CONDITIONS: 9.2.1It will be imperative on each bidder to fullyacquaint him with all the local conditions and factors which would have anyeffect on the performance of the contract and cost of the stores. The Railwaysshall not entertain any request for clarifications from the bidder regarding suchlocal conditions. No request for the change of price or time schedule ofcompletion of work on account of any local condition or factor shall beentertained after the offer is accepted by the Railways. 9.2.2The intendingbidder will be deemed to have satisfied himself by actual inspection of the siteand locality of works, that all conditions liable to be encountered during theexecution of the works are taken into account and that the rates entered in thetender (bid) papers are adequate and all inclusive for the completion of worksto the entire satisfaction of the Railways. 9.2.3The intending bidder is advisedto study the tender (bid) paper carefully. Any submission of a bid by thebidders shall be deemed to have been done after a careful study andexamination of those documents with full understanding of the implicationthereof. These conditions and specifications shall be deemed to havebeenaccepted unless otherwise, specifically commented upon by the bidder inhis offer. Failure to adhere to anyone of all these instructions may render hisoffer liable to be ignored without any reference. 9.3 COMPLIANCE: 9.3.1Theoffer should be fully in accordance with the drawing and specification. Detailsof variation from the drawing and specification, if any, should be clearlyindicated and in such event a certificate from the user must be furnished to theeffect that the product offered performs the requisite functions satisfactorily.The name of such user should also be indicated. 9.3.2Bidder should givedetails of supplies and the addresses of customers along with theirperformance certificate. 9.3.3The bidder should indicate clause by clause thateither his offer complies in every respect with the requirements of each clauseand sub clause or precisely how they differ from the requirements of thetender (bid). 9.3.4Should the bidder wish to depart from the provision of thespecification and drawings on account of manufacturing practices or anyreason he should clearly draw attention in his offer to the proposed point ofdeviation and submit complete information with justifications, drawings andspecifications to explain the related merits of his proposal vis-a-vis thestipulations laid down in tender (bid) documents for appreciation andunderstanding of Railways. In the absence of any such deviation it will bedeemed that the bidder is fully satisfied and the intents of specifications anddrawings and shall comply with statutory provisions laid in the tender (bid)documents. The statement of deviations, if any, should be given in the shapeof Performa. 9.3.5In their offer, the bidder shall clearly indicate all deviationsfrom the specifications or conditions stipulated in the entire booklet. In theabsence of any such indication the offer shall be taken as confirming to theprovisions stipulated in this specifications/drawings and booklet.

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9.4 AGREEMENT: 9.4.1The successful bidder shall, within 15 days on receiptof Letter of Acceptance, be bound to execute an agreement based onaccepted rates and conditions, in such forms as the Purchaser may prescribeand lodge the same with the Purchaser together with the conditions ofcontract, specifications and Schedule of prices referred to therein dulycompleted. 9.4.2If a work is transferred from the jurisdiction of one Railway toanother Railway or to a project authority or vice versa while the contract is insubsistence the contract shall be binding on the Contractor and successorRailway/Project in the same manner and take effect in all respects as if theContractor and the successor Railway/Project were parties thereto from theinspection and the corresponding officers or the competent authority in thesuccessor Railway/Project will exercise the same powers and enjoy the sameauthority as conferred to the Predecessor Railway/Project under the originalcontract/agreement entered into. 9.4.3If for administrative or other reasons theContract is transferred to the successor Railway/Project the contract shall,notwithstanding anything contained herein contrary thereto, be binding on theContractor and the successor Railway/Project in the same manner and takeeffect in all respects as if the Contractor and the successor Railway/Projecthad been parties thereto from the date of this contract. 9.4.4Until a formalagreement is prepared and executed, acceptance of this letter shall constitutea binding Contract between us for this work.

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9.5INSURANCE: The contractor shall take out & keep in force a policy orpolicies of insurance against all liabilities of the contractor or the Railways atcommon law or under any statues in respect of accidents to person who shallbe employed by the contractor in or about the site of the contractor office forthe purpose of carrying out the works on the site. The contractor shall alsotake out and keep in force policy or policies of insurance against all recognizedrisks to their office and depots. Such insurance shall in all respects be to theapproval of the Railways and if required in the name of Railways.

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INCOME TAX, SALES TAX, AND OTHER TAXES / DUTIES: Income Tax/Salestax and any other taxes/duties levied from time to time will be deducted as perprevailing rates from the firm's bill. The Income Tax Deduction Certificate onthe prescribed form 16A shall be obtained from The Sr. Divisional FinanceManager, North Central Railway, AGRA directly by the contractor. 9.6 TAXES:9.6.1The Contractor and all personnel employed by him shall pay all statutorytaxes like income tax/ GST/ ESIC/EPF as are payable under statutory laws ofIndia and the Purchaser will not accept any liability for the same. 9.6.2The ratequoted by the agency will be inclusive of all charges as EPF, ESIC & GST asapplicable from time to time. EPF challan and other necessary document to besubmitted by service provider in supporting proof of EPF & ESIC. After thatEPF & ESIC will be reimbursed. 9.6.8Deduction of income tax at source as perprovision of finance act and income tax act in force may be made from theContractor/sub-Contractor and the amount so deducted may be credited to theCentral Government. PURCHASER'S REPRESENTATIVE: Subject asotherwise provided in this contract, all notices to be given on behalf of thePurchaser and all other action taken on his behalf may be given or taken, asthe case may be, on his behalf by the Sr. DOM/AGRA or his successor.

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CONTRACTOR'S REPRESENTATIVE: The contractor's representative shall bea person as defined in General Instructions to Bidder. 9.8 CONTRACTOR'SOFFICE & ADDRESS The Contractor shall within a month of issue of letter ofacceptance of Tender (bid), establish an office at a convenient place for co-ordination with Executive officer. He shall intimate the address in which allcorrespondence shall be sent. Any communication sent to the Contractor bypost at his said address shall be deemed to have reached the Contractor dulyand in time. Important documents shall be sent by Registered post.

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9.9 LAWS OF INDIA This contract shall be governed by the laws for the timebeing in force in the Republic of India. 9.11 ACCIDENTS 9.11.1 The contractorshall, in respect of all staff engaged by him or by his sub contractor, indemnifyand keep the purchaser at all times indemnified and protected against allclaims made and liabilities incurred under Workman's Compensation Act, theFactories Act, the Contract Labour (Regulation & Abolition) Act and thePayment of Wages Act, and rules made there under from time to time or underany other labour and Industrial Legislation made from time to time. 9.11.2Thecontractor shall indemnify and keep the purchaser indemnified and harmlessagainst all actions, suits, claim demands, costs, charges or expenses arising inconnection any death or injury sustained by any person or persons within theRailway property sustained due to the acts or omission of the contractor, hissub contractors, his agents or his staff during the executions of this contractirrespective of whether such liability arises under the Workman'sCompensation Act, or Fatal Accident Act or any other statute in force for thetime being. If during the delivering of the work/Service the contractor is calledupon to carry out any new item of work/Service not included in Schedules, thecontractor shall deliver such works/service at such price as may be mutuallyagreed with the Purchaser before commencement after obtaining thecompetent authority's approval and sanction. 9.13CARRYING OUT THEACTIVITIES IN ANY OTHER PLACE: If required by the Railways, contractorshall carry out any or all the activities/schedules of this contract at any otherplace under operation organisation at same terms, conditions and rates /prices as applicable for this contract for the duration required by the Railways.No additional payment will be made due to difference in location/place of suchwork site.

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10SPECIAL CONDITIONS OF CONTRACT 10.1 VALIDITY OF CONTRACT:Validity of contract will be for 730 days. However, this may be extended byRailways as per extant rules, if required. 10.2 Rates in schedule are inclusiveof existing GST 18%. 10.3 Bidders are expected to submit registration detail ofCGST/SGST along with the offer. 10.4 TERMINATION OF CONTRACT: Asmany important & prestigious trains passing/originate/ terminate at MathuraJn. hence continuity of the work is paramount and work cannot be stopped foreven few hours, hence, the railway administration shall have right apart fromthe imposition of penalty, non-payment of the charges for the period, and anyother action which is deemed suitable. The Railway Administration mayterminate the contract by giving notice without assigning any reason and thecontractor will not be entitled for any compensation etc. of whatsoever innature on account of such termination.

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10.5 SUBLETTING / ASSIGNMENT: The contractor shall not sublet or assignthe contract or part thereof, either directly or indirectly to any person. In theevent of violation of this condition, the contract shall liable to be terminatedforthwith without any prior notice and the contractor shall have no claimwhatsoever arising as a result of such termination of the contract.10.6INVENTORY OF ARTICLES: 10.6.1On award of the contract, a joint noteshall be prepared between Railway representative and the contractorregarding availability and condition of various equipments, Line boxes. Allthese items shall be handed over to the Firm for use during currency of thecontract. The contractor shall return these items back to Railway in samecondition (except normal wear during the contract period). Again a joint noteshall be prepared between the Railways and the Firm at the time of expiry ofthe contract. The cost of the shortfall/damage/defect, if any, should berecouped from the Bills of the contractor or from performanceguarantee/indemnity bond. 10.7 CONTRACTOR'S STAFF: 10.7.1All the staffof contractor must be neat and clean and well dressed in uniform with theiridentity nameplate displayed and their periodic medical reports must besubmitted to the Station Manager , Mathura Jn. in-charges. If any staff goneunder sick/leave/absent, the contractor will arrange fresh staff immediately.Cost of the medical checkup will be borne by contractor. 10.7.2The contractorshall in advance inform the Railway Administration the name and address ofhis staff along with photographs who will work at both stations. The staff ofcontractor shall have an identity card, which will be issued by the contractor.10.7.3The contractor shall abide by and work as per labour laws. Thecontractor is supposed to arrange labour license for his staff at his own cost.The contractor will himself be responsible for treatment of his staff orcompensation in case of any accident while on duty. 10.7.4The contractor andhis employees shall neither be treated as railway employee nor shall have anyright for claiming the same. 10.7.5Contractor shall deploy such persons whobear good moral character and conduct with dignity. Police verification of theworkers is compulsory and shall be submitted at the beginning of the contractfailing which penalty will be imposed. 10.7.6Contractor shall deploy suchpersons, who are not minor, insane or suffering from contagious disease. Thecontractor shall be required to produce a medical certificate of health fitness ofall his workers. All the staff deployed by the firm at the running room shallundergo medical check-up from certifying surgeon initially and after every yearor as per prevailing norms/guidelines.

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10.8PENALTY: 10.8.1The contractor should keep a complaint book always inthe booking Guard lobby and redress complaints, if any, immediately. Foreach complaint regarding 'quality of service' contractor shall be fined 1000/-.10.8.2 The contractor shall be fined Rs. 1000/- on each instance if any of hisstaff is found consuming alcohol narcotic product. In such case the contractorshould have to arrange another staff in lieu. The staff of contractor should notarrange any alcoholic item for running staff and if found to do so, thecontractor shall be fined Rs. 1000/- on each instance. 10.8.3 In case of nonavailability of the required staff in the Yard Master office/ Dy.SM office ofMathura Jn. station, penalty shall be imposed at a rate of Rs. 500/- per personper shift found not available. 10.8.4 In case of misbehavior with guardlobby/running staff by contractor's staff, penalty shall be imposed at a rate ofRs.1000/- per complaint. 10.8.5 Accountal of penalty shall be done in eachmonth. However deduction of the penalty will be done from regular bill.

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All the penalties will have prior approval of Sr. DOM/NCR/Agra beforededuction from bills. Any representation against the penalties proposed shallbe made by the contractor to Sr.DOM/NCR/Agra who may or may not considersuch representation in favour of the contractor. However, contractor shall nothave any right to such consideration and no explanation to the contractor byrailway for not considering his representation. 10.8.7In case of any loss of therailway materials, cost of the material plus 20% extra of the materials cost(book value or market value whichever is higher) will be imposed as penalty10.8.8If there is any delay in loading/unloading of the line boxes a fine uptoRs. 1000/- per box for the delay upto 5 minutes & upto Rs. 10000/- for morethan 5 minutes will be imposed upon the contractor by the in-charge of thework. 10.8.9If the staff is not available for the work or absent from the work formore than four hours railway may imposed a penalty upto Rs. 500.00 perperson. 10.8.10The contractor will be responsible to ensure proper placing ofline boxes at nominated place if any line box found unnecessary elsewhere, afine of upto Rs. 1000/- may be imposed by the in-charge of the contract.10.8.11During the working, it will be sole responsibility of the contractor toensure safety of staff. Due to careless work of his staff, if any damage/loss isdone to railway property, line box or any theft is committed on the line boxes &elsewhere, the amount so assessed shall be recovered from the contractoralong the imposition of fine as the administration deems fit. 10.8.12Sincepunctuality of trains is of paramount importance, if any stage during executionof contract, it is felt that due to negligence, laxity, carelessness of staff/contractor train operation has suffered or likely to suffer then suitable penaltyas deemed fit by Sr. DOM/NCR/Agra shall be imposed. 10.8.13Withoutuniform/ identity card contractor staff may not be permitted to work/ enter intoRailway premises due to security reasons, responsibility of any detention totrain due to this lies with the contractor. Penalty upto of Rs. 1000/ may beimposed on violation of above. 10.8.14If any irregularity noticed duringinspection of higher authority, suitable penalty upto Rs. 1000/- may beimposed.

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10.9HANDING OVER: 10.9.1After the expiry of contract period or the contractterminated earlier, the contractor shall hereby undertake to give peaceful andvacate possession of the railway premises to the Railway Administration and inno circumstances he will keep the premises under his possession, which willbe unlawful. 10.9.2It should be noted that handing/taking over of 'inventory ofarticles' at Mathura Jn. station from the existing contractor should be smooth.Also, the running room services should be taken over from the existingcondition and started without any break and without affecting services in anymanner.

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10.10NUMBER OF LINE BOXES: The contractor shall provide service of"Loading, unloading and transportation of Mail/Exp /Goods trains/ECR/Lightengine etc. of Guard's line boxes from box room to train & train to box room onvarious platforms/yard of Mathura Jn. Station all trains includingOriginating/terminating. The number of line boxes may increase or decreaseas per traffic movement. The contractor shall work on all days throughout thecontract period including holidays, festivals and will not be allowed to closeservices on any day for any reasons whatsoever.

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10.11OTHER SPECIAL CONDITIONS: 10.11.1Contractor has to maintainfollowing printed registers as per prescribed format at his own cost and willproduce at any time if demanded by the railway authority: •Complaint register•Register for maintaining line boxes record •Instructions to Contractor Register•Medical tests register for contractor's staff •Attendance register for his staff•Any other registers/records required to be maintained as per prevailingstatues & laws like labour laws, Minimum wages act etc.

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STAFF REQUIREMENT:- 10.12.1Contractor has to arrange sufficient staff toensure minimum availability of staff as prescribed in the scope of work at alltimes. Only bare minimum requirement has been specified in the scope ofwork. Contractor has to keep provision of Leave Reserve / Rest giver/ Sick/Absenteeism etc. 10.12.2Contractor can depute supervisor/in each shift, whowill be available in the Dy.SM office at Mathura Jn. to supervise andcoordinate. 10.12.3Contractor has to replace any staff deployed, if so advisedby the Railways. 10.12.4While appointing above staff contractor should followfollowing conditions: 10.12.5.1Age - Between 18 to 50 years. 10.12.5.2Nohabits of smoking/tobacco eating/consuming alcohol. 10.12.5.3Should be neatand clean with general smart appearance. 10.12.5.4Minimum qualification ofstaff should be 8th pass 10.12.5.5The number of staff to be deployed may beincreased or decreased based on work requirement. 10.12.6Railway reservesright to screened persons, to be employed by contractor, for this work.10.13ISSUE OF IDENTITY CARDS TO CONTRACTOR'S LABOURS Theidentity card should be issued to the contract labours nominated to work in therailway premises by the contractor indicating Contract Number, Name of work,Name of the person, place of work etc. If identity card is not issued to contractlabours, labours will not be permitted to work in the Railway premises. The listof the labour should be submitted to this office for records in advance. All theidentity cards will be countersigned by railway representative.

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10.14SERVICE CONDITIONS OF CONTRACTOR WORKERS: 10.14.1Policeverification of the workers is compulsory and shall be submitted at thebeginning of the contract failing which penalty will be imposed by Railway.10.14.2Contractor shall deploy such persons, who are not minor, insane orsuffering from contagious disease. The contractor shall be required to producea medical certificate of health fitness of all his workers from the certifyingsurgeon. If the contractor fails to produce the said medical certificate within 15days of putting the men on work, a fine of up to Rs.1000/- shall be imposed onhim and worker may be got medically examined by certifying surgeon andMedical fee realized from the contractor. All the staff deployed by the firmshould undergo medical checkup from certifying surgeon initially and afterevery year or as per prevailing norms/guidelines. 10.14.3Contractor shall payreasonable & applicable wages as decided from time to time to his workersengaged in mess, which shall not be less than the minimum wages fixed byGovt. Consequences of failure to comply with government regulations will beresponsibility of the contractor. 10.14.4All the applicable labour laws of Govt.shall be followed by the firm. A certificate in this regard shall be submitted bythe firm every month before processing the monthly bill. Anyinformation/certificate asked for/sought by Central/State/Statutory govt.agencies shall be made available by the firm on the same day for which thefirm shall be fully responsible. In case of any lacuna/deficiency found, the firmshall be fully responsible and shall compensate the same in the manner asdirected by concerned authorities. 10.14.5The contractor and his workers shallneither be treated Railway Employees nor shall have any right for claiming thesame in future. 10.14.6It is cautioned and advised that the staff deployedshould be grown up and matured persons. No inexperience/immature lowaged boys/girls should be kept by the firm. Such low aged boys/girls shallimmediately be rejected without assigning any reason and penalty shall beimposed for such violation. Men/Women deployed by the firm shall be of goodhealth capable of doing quick & hard work. 10.14.7Firm shall put their staff ontrial at their own cost. Railway shall not give any payment for trial.

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10.15Deployment of workers: 10.15.1A day is divided in 3 shifts of 8 hourseach (i.e. 00 to 8 hours, 8 to 16 hours & 16 to 24 hours) for staff coming inshift duty. A general shift from 10 hours to 18 hours will also be there for staffcoming in general duty. 10.15.2Contractor shall deploy following minimumworkers for the work: SNStation NameCategory of workerMinimum number ofstaff required per dayDeployment of staff * 1.Mathura Jn. StationUnskilledworkmen6Nos.2 person in each shift 10.15.3Failure to comply with abovedeployment may lead to imposition of penalty. 10.15.4Above requirement isbare minimum only, contractor is supposed to keep additional trainedmanpower on roll to act as a rest giver / leave reserve and giving replacementon sick / absent etc. 10.15.5Daily attendance of staff: - Daily attendance ofstaff in all the shifts shall be maintained and signed copy of the attendance(name wise) duly signed should be submitted. It should be ensured thatminimum number of staff as stipulated in contract agreement is deployed bythe firm for the subject work is available. Penalty shall be imposed fordeploying less number of staff than stipulated in contract agreement. Theseare important records because this is one of the factors based on which,payment shall be made. 10.15.6Where contractor's staff is supposed to workin shift duty, no staff will be permitted to perform more than one shift duty inone calendar day or to perform duty in two continuous shifts. If any staff isdeployed in violation of this instruction, the staff will not be counted andpenalty may be imposed for deploying less number of staff if required.10.15.7Once a staff deputed by the firm has been rejected, he will not becounted as a person deployed by the firm & penalty for less deployment if anyshall be levied. 10.15.8The firm should have good and adequate no. ofscreened staff with them so that in case of default/removal of staff deployed bythe firm immediate substitute(s) are put into service so as to avoid anydeterioration in functioning & also to avoid penalty on account of lessdeployment of minimum no. of stipulated staff. 10.15.9If the firm deploys staffin excess of the minimum required, no additional payment will be made on thisaccount. Payment will be made for the staff actually present for duty orminimum staff required in each category whichever is less. However, thecontractor has to pay all the staff deployed for the work as per applicableminimum wages. 10.15.10The minimum deployment specified above, may bemodified with the approval of Sr.DOM/NCR/Agra if required.

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10.16Bio-data for contractor's staff: Contractor has to issue the identity card toeach and every employee deputed by him indicating the name, address andphotograph etc. and the detailed bio-data of the contractor's staff to besubmitted to Railway Administration on the prescribed Performa as under:1.Name:To be affixed Passport size photograph 2.Father's name: 2.Date ofbirth: 3.Qualification: 4.Present address: 5.Permanent address: 6.Marks ofidentification: 7.Ex serviceman / civilian: Signature of Contractor's employeeSignature of Contractor 10.17UNIFORM FOR CONTRACTOR'S STAFF:10.17.1Railway will specify the uniform for contractor's staff. 10.17.2Contractorshall take the approval of the uniform for each category of the staff to bedeployed in advance, before starting of the work. 10.17.3Contractor at his owncost shall provide sufficient number of uniforms to all his staff. 10.17.4Allcontractor's staff shall wear plastic /metal badge with name & designation allthe times. 10.17.5All contractor's staff shall have their Identity cards with themall the times while inside the railway premises. 10.17.6Uniform of contractor'sstaff should be of appropriate size, neat and cleaned & ironed.

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10.18Compliance of tender offer with minimum wages: The tender offer has tocomply with the requirement of current minimum wages as applicable ontender opening date. The tender offers not complying with requirement will besummarily rejected. Along with his tender offer, contractor must submit detailsas per annexure II to show that his offer is meeting with the current minimumwages requirement. The tender offers, not meeting with the minimum wagesrequirement will be considered as unworkable. Contractor has to payapplicable minimum wages to his staff, the minimum wages gets periodicallyrevised and revised minimum wages had to be paid by contractor. 10.19Placeof execution of contract: Generally the place of execution of contract shall beMathura Jn. Station. 10.20 SUBMISSION OF CREDENTIALs in support ofminimum eligibility criteria: Tenderer (s) should submit thedocuments/credentials in support of minimum eligibility criteria along with thetender document itself. No document in support of minimum eligibility criteriawill be accepted/ entertained after opening of tender. In case, the tenderer (s)fails / fail to submit the required documents/credentials in support of minimumeligibility criteria along with tender document itself, then his / their tender offershall be summarily rejected. Applicability of JVs / consortium/ MOVs shall beconsidered for the tenders for value more than 10 crore (ten crore) only.Hence not applicable in this tender.

No No Not Allowed

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11SCOPE OF WORK 11.1Loading/unloading & transportation of Line Boxes ofGuards of JHS, Agra, Kota & Jaipur Division at Mathura Jn. station & near bystations of Mathura Jn. 11.2The contractor will ensure unloading of Guard'sline box from engine/brake van of incoming trains received on any line, atdifferent points of Mathura Jn. station/yard (i.e. arrival of Up/Down lines ofPassengers yard & Goods yard and siding etc.) and transportation Guard'sline boxes to box room safely. 11.3Similarly for the outgoing trains dispatchedfrom any line, at different points of Mathura Jn. station/yard (i.e. departure oftrain on Up/Down lines of Passengers yard & Goods yard and siding etc.) thecontractor will ensure transportation of Guard's line boxes from box room todifferent point of Mathura Jn. station/yard and loading on the brake van/engine of respective train. 11.4Whenever required, the line boxes of Guard'smay have to be loaded on the Road vehicle standing by the side of PFnominated carrying from box room or brake van/engine vice versa. 11.5Thecontractor has to employ his own staff for loading/ unloading of guards lineboxes & transportation to box room Mathura Jn. station & vice-versa. Sufficientnumber of staff as decided by railway or its authorized representative shouldbe employed by the contractor so that there is no detention to the trains.11.6Railway will provide chemical to box boy for sanitization of guard lineboxes and Guard sitting place in brake van. That place and line box will besanitized by box boy during loading /unloading. 11.7The contractor will be fullyresponsible to ensure timely loading, unloading & transportation of line boxesto box room/ originating station & back so that no delay could take place intrains operation. The line boxes must be loaded/ unloaded as under- (a)Loading/ Unloading of the line boxes on the train engine/ Brake van etc. to theplatforms of Mathura Jn. Railway stations immediately on the arrival of thetrain. (b) As in case of origination train 20 minutes before schedule departureof the train, or nominated place line box should be loaded. (c) The line boxesshould reach to the box room within 30 minutes of arrival of the train & at thesite of loading 30 minutes earlier to the scheduled/ expected departure of thetrain.

No No Not Allowed

6. Documents attached with tender

S.No. Document Name Document Description

1 Annexure1.pdf Annexure I

2 AnnexureII.pdf Annexure II

3 AnnexureIIIIV.pdf Annexure III IV

4 AnnexureVVI.pdf Annexure V VI

5 AnnexureVIIVIIIIX.pdf Annexure VII VIII IX

6 AnnexureXIIIXIVXVXVI.pdf Annexure XII XIV XV XVI

7 Annexure-G1G4G5G6.pdf Annexure G1 G4 G5 G6

8 Annexure-XXIXII.pdf Annexure X XI XII

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This tender complies with Public Procurement Policy (Make in India) Order 2017, dated 15/06/2017, issued byDepartment of Industrial Promotion and Policy, Ministry of Commerce, circulated vide Railway Board letter no.2015/RS(G)/779/5 dated 03/08/2017 and 27/12/2017.

Signed By: AKANSHU GOVIL

Designation : Sr.DOM/Agra

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