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26 TenderDocument-Part1NonCoreOHE034

This document provides instructions and guidelines for an e-tender being issued by the Southern Railway's Tiruchchirappalli Division for outsourcing non-core OHE maintenance activities for one year. It includes details on bid security submission process, filling the e-tender, mandatory documents to be submitted, general conditions of the contract such as security deposit, performance guarantee, payment terms and special conditions related to scope of work, completion period and contractor's organization. The end of the document is marked by an 'End of Document' marker.
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0% found this document useful (0 votes)
94 views39 pages

26 TenderDocument-Part1NonCoreOHE034

This document provides instructions and guidelines for an e-tender being issued by the Southern Railway's Tiruchchirappalli Division for outsourcing non-core OHE maintenance activities for one year. It includes details on bid security submission process, filling the e-tender, mandatory documents to be submitted, general conditions of the contract such as security deposit, performance guarantee, payment terms and special conditions related to scope of work, completion period and contractor's organization. The end of the document is marked by an 'End of Document' marker.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 39

The end of this document is indicated by an ‘End of Document’ marker

SOUTHERN RAILWAY
ELECTRICAL TRACTION DISTRIBUTION BRANCH
TIRUCHCHIRAPPALLI DIVISION

TENDER No. TPJ-TRD-2023-2024-034

TENDER DOCUMENT – PART 1–GENERAL INSTRUCTIONS

Tender for
TPJ Division - Outsourcing of Non-Core OHE
Maintenance Activities For One Year

Issued by
Divisional Railway Manager (Electrical Traction Distribution),
Tiruchchirappalli Division, Southern Railway,
Tiruchchirappalli–620 001

Signature Not
Verified
Digitally signed by M
ARUL PRAKASH
Date: 2024.02.28
16:36:39 IST
Reason: IREPS-CRIS
Location: New Delhi
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INDEX
1.0 GUIDELINES FOR E-TENDERS .............................................................................................. - 2 -
1.1. Bid Security Submission:........................................................................................................ - 2 -
1.2. Filling of E-Tenders: ............................................................................................................... - 2 -
1.3. Compliance to Special Conditions/ Checklist for Vendor: ..................................................... - 2 -
1.4. Bid Submission: ...................................................................................................................... - 2 -
2.0 TENDER FORM (FIRST SHEET) ............................................................................................. - 4 -
3.0 INSTRUCTIONS TO TENDERERS........................................................................................... - 5 -
3.1. Cost of Tender Form: .............................................................................................................. - 5 -
3.2. Bid Security: ........................................................................................................................... - 5 -
3.3. Validity of offer: ..................................................................................................................... - 6 -
3.4. Eligibility Criteria: .................................................................................................................. - 7 -
3.5. Mandatory Documents to be submitted along with the Tender: ............................................. - 9 -
4.0 GENERAL CONDITIONS..................................................................................................... - 14 -
4.1. Submission of documents by successful Tenderer: .............................................................. - 14 -
4.2. Security Deposit:................................................................................................................... - 14 -
4.3. Performance Guarantee: ....................................................................................................... - 15 -
4.4. Variation in Quantities: ......................................................................................................... - 16 -
4.5. Valuation of Variations:........................................................................................................ - 17 -
4.6. Handling Vitiation during Variation in contract quantities: ................................................. - 18 -
4.7. Price Variation: ..................................................................................................................... - 18 -
4.8. Labour: .................................................................................................................................. - 18 -
4.9. Updation of Labour data on Railway's Shramikkalyan portal: ............................................. - 18 -
4.10. Certificate of Completion of Works: .................................................................................... - 19 -
4.11. Right of Railway to Determine the Contract: ....................................................................... - 19 -
4.12. Determination of Contract owing to Default of Contractor:................................................. - 19 -
4.13. Settlement of disputes: .......................................................................................................... - 19 -
5.0 SPECIAL CONDITIONS (GENERAL) ..................................................................................... - 20 -
5.1. Name of Contract: ................................................................................................................. - 20 -
5.2. Scope of work: ...................................................................................................................... - 20 -
5.3. Execution of Contract Document: ........................................................................................ - 20 -
5.4. Engineer-in-Charge of work: ................................................................................................ - 21 -
5.5. Completion period: ............................................................................................................... - 21 -
5.6. Entry Permits and Photo Identity Cards: .............................................................................. - 21 -
5.7. Quality Assurance Programme: ............................................................................................ - 21 -
5.8. Workmanship:....................................................................................................................... - 21 -
5.9. Terms of Payment: ................................................................................................................ - 22 -
5.10. Taxes and other Deductions .................................................................................................. - 22 -
5.11. Swachh Bharat Mission ........................................................................................................ - 23 -
5.12. Noteworthy Instructions ....................................................................................................... - 24 -
5.13. JURISDICTION OF THE COURT BINDING THE CONTRACT ..................................................... - 24 -
5.14. CONTRACTOR’S ORGANISATION .......................................................................................... - 24 -
6.0 Appendices ...................................................................................................................... - 26 -
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1.0 GUIDELINES FOR E-TENDERS
The tenderer(s)/contractor(s) indenting to apply for E- tender for WORKS in Electrical TRD
Branch of Tiruchchirappalli Division need to get enrolled in the E-tender portal: www.ireps.gov.in and
only online tenders will be accepted. The bidders will have to make payment towards Bid Security
against works tenders through online payment modes like net banking, debit/credit cards etc.,
available on E-tender portal or it may be submitted in the form of Bank Guarantee as per GCC. It is the
responsibility of the Tenderer(s)/Contractor(s) to obtain necessary Digital Signature certificates for
participating in the E-Tender.
In the e-tendering process, it is mandatory that every tenderer/contractor/firm registered with
www.ireps.gov.in to submit your bank details i.e. Name of the Bank along with Bank Branch Code,
Account Number, IFSC Code, and PAN Number. [As the entry into www.ireps.gov.in is controlled by
Digital Signature certificate, a separate signature is not required]
The Senior Divisional Electrical Engineer/Traction Distribution/Tiruchchirappalli
Division/Southern Railway, for and on behalf of the President of India invites ONLINE Open Tenders for
the said works as per Tender notice issued by this office in our E-Tender portal “www.ireps.gov.in”.
The Tenderer(s)/Contractor(s) intending to apply for this E-Tender, need to get enrolled in the
aforesaid E-Tender portal and only online tenders will be accepted. It is the responsibility of the
Tenderer(s)/Contractor(s) to obtain necessary Digital Signature Certificates for participating in the E-
Tender.
1.1. Bid Security Submission:
Online payment gate way available on IREPS portal through multiple bank net banking, debit
card and credit cards only or it may be submitted in the form of Bank Guarantee as per GCC.
1.2. Filling of E-Tenders:
a) Tenders should be duly filled in (on the assigned space), duly signed with the digital signature
and submitted online. All mandatory fields marked (*) have to be filled by the tenderers.
b) Tenderers must fill-in the techno-commercial offer form (consisting of eligibility criteria, terms
and conditions, performance statement, checklist & special conditions etc.), financial offer form
and attach scanned copy of all necessary documents.
1.3. Compliance to Special Conditions/ Checklist for Vendor:
Vendors are advised to complete the “Compliance to special tender condition/Checklist” with
each offer specifically stating “yes” or “no” against each special condition/checklist.
1.4. Bid Submission:
1.4.1. E-bid along with the relevant documents must be uploaded and digitally signed with the digital
signature of the pre-authorized personnel of the tenderer already registered with the IREPS
website. Digital signature used must be “Class IIIB with Company Name” obtained from G.O.I.
approved Certifying Authority.
1.4.2. Tenderers must look out for NIT for as soon as it is available in IREPS website and upload their
offer well in advance without waiting for closing date and time, to avoid last minute hassles in
their own computer system or communication line. Railway will not be responsible for non-
participation of vendors due to any technical problems on the day of tender closing time.
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1.4.3. Only bids received in the Electronic tender box available on the Web Site www.ireps.gov.in will
be considered.
1.4.4. Tenderer should find discrepancies in, or omissions from the drawings or any of the Tender
Forms or should he be in doubt as to their meaning, he should at once notify the authority
inviting tenders who may send a written intimation to all Tenderers. It shall be understood that
every endeavour has been made to avoid any error which can materially affect the basis and
scope of the tender and the Successful Tenderer shall take upon himself and provide for the
risk of any error which may subsequently be discovered and shall make no claim on account
thereof
1.4.5. Tender should be quoted as per tender conditions and the tenderer should not add/modify any
conditions. If any additions/deletions/modifications are indicated by the tenderer such
additions/deletions/modifications, if any must be made by the tender/s in a covering letter
with the tender. The railway reserves the right not to consider conditional tenders and reject
the same without assigning any reason. Only those conditions which are explicitly accepted by
the Railway shall form part of the contract
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2.0 TENDER FORM (FIRST SHEET)
Tender No. : TPJ-TRD-2023-2024-034
Name of work : TPJ Division - Outsourcing of Non-Core OHE Maintenance Activities For
One Year.
To
The President of India,
Acting through the Divisional Railway Manager, (Electrical Traction Distribution Branch),
Tiruchchirappalli Division, Southern Railway
1. I/We …………………..have read the various conditions to tender attached here to and agree to
abide by the said conditions. I/We also agree to keep this tender open for acceptance for a
period of 81days from the date fixed for closing of the tender and in default thereof, I/We will
be liable for forfeiture of my/our “Bid Security”. I/We offer to do the work for Southern
Railway, at the rates quoted in the attached bill(s) of quantities and hereby bind
myself/ourselves to complete the work in all respects within One year from the date of issue of
letter of acceptance of the tender.
2. I/We also hereby agree to abide by the Indian Railways Standard General Conditions of
Contract, with all correction slips up-to-date and to carry out the work according to the Special
Conditions of Contract and Specifications of materials and works as laid down by Railway in the
annexed Special Conditions/Specifications, Standard Schedule of Rates (SSOR) with all
correction slips up-to-date for the present contract.

3. A Bid Security of Rs.1, 44,800/-has already been deposited online/ submitted as Bank
Guarantee bond. Full value of the Bid Security shall stand forfeited without prejudice to any
other right or remedies in case my/our Tender is accepted and if:
(a) I/We do not submit the Performance Guarantee within the time specified in the Tender
document;
(b) I/We do not execute the contract documents within seven days after receipt of notice
issued by the Railway that such documents are ready; and
(c) I/We do not commence the work within fifteen days after receipt of orders to that effect.
4. (a) I/We am/are a Startup firm registered by …………………… Department of Industrial Policy and
Promotion (DIPP) and my registration number is ……………. valid upto…………………. (Copy
enclosed) and hence exempted from submission of Bid Security.
5. We are a Labour Cooperative Society and our Registration No. is ………………..
With…………………..and hence required to deposit only 50% of Bid Security.
6. Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a
binding contract between us subject to modifications, as may be mutually agreed to between
us and indicated in the letter of acceptance of my/our offer for this work.

Signature of Witness: Signature of Tenderer(s)


(1)…………….………… Date………..
(2)……………….……… Address of the Tenderer(s)
-5-
3.0 INSTRUCTIONS TO TENDERERS
The President of the Union of India acting through the Sr. Divisional Electrical Engineer, TRD,
Tiruchchirappalli Division, Southern Railway invites online tenders through the official portal of Indian
Railways E-Procurement System (IREPS) Website. It shall be noted that the president of the Union of
India is not bound to accept the lowest or any tender or assign any reason for doing so and reserve the
right to accept or discharge the tender at any stage in respect of whole or any portion of the items
specified.
The tenderers are advised to carefully read this Tender Document in conjunction with Indian
Railways Standard General Conditions of Contract for Works - April 2022 with amendments before
participating in this tender.
3.1. Cost of Tender Form:
E-Tender Forms shall be issued free of cost to all tenderers, as per Part I – Clause 3 of Indian
Railways Standard General Conditions of Contract for Works - April 2022. Hence, no amount towards
the cost of Tender Form is required to be deposited by the tenderer.
3.2. Bid Security:
1. a) The tenderer shall be required to submit the Bid Security with the tender for the due
performance with the stipulation to keep the offer open till such date as specified in the tender,
under the conditions of tender. The Bid Security shall be as under:

Value of the Work Bid Security

For works estimated to cost up to 1 crore 2% of the estimated cost of the work

For works estimated to cost more than 1 2 lakh plus ½ % (half percent) of the excess of the
crore estimated cost of work beyond Rs.1 crore subject
to a maximum of Rs.1 crore
Note:
(i) The Bid security shall be rounded to the nearest Rs.100. This Bid security shall be
applicable for all modes of tendering.
(ii) Any firm recognized by Department of Industrial Policy and Promotion (DIPP) as ‘Start
ups' shall be exempted from payment of Bid security detailed above.
(iii) Labour Cooperative Societies shall deposit only 50% of above Bid security detailed
above.
b) It shall be understood that the tender documents have been issued to the tenderer and
the tenderer is permitted to tender in consideration of stipulation on his part, that after
submitting his tender he will not resile from his offer or modify the terms and conditions
thereof in a manner not acceptable to the Engineer. Should the tenderer fail to observe or
comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to the
Railway.
c) If his tender is accepted this Bid security mentioned in sub clause (a) above will be
retained as part security for the due and faithful fulfillment of the contract in terms of Clause
16 of the Standard General Conditions of Contract. The Bid security of other Tenderers shall,
-6-
save as herein before provided, be returned to them, but the Railway shall not be responsible
for any loss or depreciation that may happen thereto while in their possession, nor be liable to
pay interest thereon.
2. The Bid Security shall be deposited either in cash through e-payment gateway or submitted as
Bank Guarantee bond from a scheduled commercial bank of India or as mentioned in tender
documents. The Bank Guarantee bond shall be as per Appendix – D and shall be valid for a
period of 90 days beyond the bid validity period.
3. In case, submission of Bid Security in the form of Bank Guarantee, following shall be ensured:
i. A scanned copy of the Bank Guarantee shall be uploaded on e-Procurement Portal
(IREPS) while applying to the tender.
ii. The original Bank Guarantee should be delivered in person to “Senior Divisional
electrical Engineer / TRD / in the tender document before closing date for submission of
bids.(i.e. excluding the last date of submission of bids)
iii. Non submission of scanned copy of Bank Guarantee with the bid on e-tendering portal
(IREPS) and/or non-submission of original Bank Guarantee within the specified period
shall lead to summary rejection of bid.
iv. The Tender Security shall remain valid for a period of 90 days beyond the validity period
for the Tender.
v. The details of the BG, physically submitted should match with the details available in
the scanned copy and the data entered during bid submission time, failing which the bid
will be rejected.
vi. The Bank Guarantee shall be placed in an envelope, which shall be sealed. The envelope
shall clearly bear the identification “Bid for the ***** Project” and shall clearly indicate
the name and address of the Bidder. In addition, the Bid Due Date should be indicated
on the right hand top corner of the envelope.
vii. The envelope shall be addressed to the officer and address as mentioned in the tender
document.
viii. If the envelope is not sealed and marked as instructed above, the Railway assumes no
responsibility for the misplacement or premature opening of the contents of the Bid
submitted and consequent losses, if any, suffered by the Bidder.
If Bid Security is submitted in the form of Bank Guarantee, it shall be submitted to:
The Senior Divisional Electrical Engineer (Traction Distribution branch),
DRM office, Southern Railway, Tiruchchirappalli.
3.3. Validity of offer:
The tenderer shall keep the offer open for a minimum period as mentioned in uploaded tender
details (NIT Header) within which period that tenderer cannot withdraw his offer subject to the period
being extended further if required by mutual agreement from time to time. Any contravention of the
above condition will make the tenderer liable for forfeiture of his full amount of Bid security.
-7-
3.4. Eligibility Criteria:
3.4.1. Technical Eligibility Criteria:
(a) The tenderer must have successfully completed or substantially completed any one of the
following categories of work(s) during last 07 (seven) years, ending last day of month previous
to the one in which tender is invited:
(i) Three similar works each costing not less than the amount equal to 30% of advertised
value of the tender, or
(ii) Two similar works each costing not less than the amount equal to 40% of advertised
value of the tender, or
(iii) One similar work costing not less than the amount equal to 60% of advertised value of
the tender.
(b) (1) In case of tenders for composite works (e.g. works involving more than one distinct
component, such as Civil Engineering works, S&T works, Electrical works, OHE works etc. and in
the case of major bridges - substructure, superstructure etc.), tenderer must have successfully
completed or substantially completed any one of the following categories of work(s) during last
07 (seven) years, ending last day of month previous to the one in which tender is invited:
(i) Three similar works each costing not less than the amount equal to 30% of advertised
value of each component of tender, or
(ii) Two similar works each costing not less than the amount equal to 40% of advertised
value of each component of tender, or
(iii) One similar work each costing not less than the amount equal to 60% of advertised value
of each component of tender.
Note for b (1): Separate completed works of minimum required values shall also be considered
for fulfilment of technical eligibility criteria for different components.
(b) (2)In such cases, what constitutes a component in a composite work shall be clearly pre-
defined with estimated tender cost of it, as part of the tender documents without any
ambiguity.
(b) (3) To evaluate the technical eligibility of tenderer, only components of work as stipulated in
tender documents for evaluation of technical eligibility, shall be considered. The scope of work
covered in other remaining components shall be either executed by tenderer himself if he has
work experience as mentioned in clause 7 of the Standard General Conditions of Contractor
through subcontractor fulfilling the requirements as per clause 7 of the Standard General
Conditions of Contract or jointly i.e., partly himself and remaining through subcontractor, with
prior approval of Chief Engineer in writing.
However, if required in tender documents by way of Special Conditions, a formal agreement
duly notarised, legally enforceable in the court of law, shall be executed by the main contractor with
the subcontractor for the component(s) of work proposed to be executed by the subcontractor(s), and
shall be submitted along with the offer for considering subletting of that scope of work towards
fulfilment of technical eligibility. Such subcontractor must fulfill technical eligibility criteria as follows:
-8-
The subcontractor shall have successfully completed at least one work similar to work
proposed for subcontract, costing not less than 35% value of work to be subletted, in last 5 years,
ending last day of month previous to the one in which tender is invited through a works contract.
Note: for subletting of work costing up to Rs 50 lakh, no previous work experience of subcontractor
shall be asked for by the Railway.
In case after award of contract or during execution of work it becomes necessary for contractor to
change subcontractor, the same shall be done with subcontractor(s) fulfilling the requirements as per
clause 7 of the Standard General Conditions of Contract, with prior approval of Chief Engineer in
writing.
Note for Item Technical Eligibility Criteria:
Work experience certificate from private individual shall not be considered. However, in
addition to work experience certificates issued by any Govt. Organisation, work experience certificate
issued by Public listed company having average annual turnover of Rs 500 crore and above in last 3
financial years excluding the current financial year, listed on National Stock Exchange or Bombay Stock
Exchange, incorporated/registered at least 5 years prior to the date of closing of tender, shall also be
considered provided the work experience certificate has been issued by a person authorized by the
Public listed company to issue such certificates.
In case tenderer submits work experience certificate issued by public listed company, the
tenderer shall also submit along with work experience certificate, the relevant copy of work order, bill
of quantities, bill wise details of payment received duly certified by Chartered Accountant, TDS
certificates for all payments received and copy of final/last bill paid by company in support of above
work experience certificate.
Definition for Similar Work:
"Erection & commissioning / Operation / Maintenance of 25 kV AC Traction Sub-station or switching
station (SP/SSP) or 25 kV AC Traction overhead equipment (OHE) of any Railway system in India
carried out on Zonal Railways / Construction / RE / RVNL works" (OR)
"Erection & Commissioning /Operation / Maintenance of any HT substation / switch yard (25kV or
higher voltage) in Indian Railways or Government organizations or PSUs"(OR)
"Must have carried out above work in public listed company/private company/Trusts subject to the
conditions in clause 2.6.1.1 of GCC for services 2018."
3.4.2. Financial Eligibility Criteria:
The tenderer must have minimum average annual contractual turnover of V/N or ’V' whichever
is less; where
V= Advertised value of the tender in crores of Rupees
N= Number of years prescribed for completion of work for which bids have been invited.
The average annual contractual turnover shall be calculated as an average of “total contractual
payments” in the previous three financial years, as per the audited balance sheet. However, in case
-9-
balance sheet of the previous year is yet to be prepared/ audited, the audited balance sheet of the
fourth previous year shall be considered for calculating average annual contractual turnover.
The tenderers shall submit requisite information as per Annexure-VIB of GCC, April 2022, along
with copies of Audited Balance Sheets duly certified by the Chartered Accountant/ Certificate from
Chartered Accountant duly supported by Audited Balance Sheet.The tenderers should produce the
originals of the above if required by the Railway Administration for verification
3.5. Mandatory Documents to be submitted along with the Tender:
The Tenderer shall submit following documents through www.ireps.gov.in and shall be
complete in all respects.

a) All Mandatory Documents to be submitted along with the tender


b) Documents that supports both technical and financial eligibility criteria.
c) Any other document prescribed in the tender booklets and RDSO specification.
d) Appendix A / Appendix AA:
A copy of certificate stating that all their statements/documents submitted along with
bid are true and factual. Standard format of certificate to be submitted by the bidder is
enclosed as Appendix- A. In Addition to Appendix-A, in case of other than
Company/Proprietary firm, Appendix-AA shall also be submitted by each member of a
partnership firm/Joint Venture (JV)/Hindu Undivided Family (HUF) / Limited Liability
Partnership (LLP) etc. as the case may be. Non submission of above certificate(s) by the
bidder shall result in summarily rejection of his/their bid. It shall be mandatorily
incumbent upon the tenderer to identify, state and submit the supporting documents
duly self-attested/ digitally signed by which they/he is qualifying the Qualifying Criteria
mentioned in the Tender Document.
e) Appendix B – NEFT Form, certified by bank official
f) Appendix C – Statement on Employment/Partnership etc. of Retired Railway Employees:
The Contractor shall abide by the instructions contained in the Clause No.16 of
Annexure I of Part I and Clause No. 59(9) of Part II of Indian Railways Standard General
Conditions of Contract, April 2022. If the information required as per the above clause
has not been furnished, contract is liable to be dealt in accordance with provision of
clause 62 of Standard General Conditions of Contract. In case, no retired railway
employees are associated with the firm, a statement as per the sample format at
Appendix-C to be furnished by the tenderer.
g) Appendix E – Tenderer’s Credentials
h) Electrical License:
I. The contractor should have a valid Electrical Contract License for working in
HT/EHT systems, having system voltage equal to or more than 25 kV, from the
concerned statutory authority of any states of India. It must be ensured that the validity
of electrical license should be valid during the entire contract period, duly renewing at
appropriate time. The tenderer should submit a copy of license along with his offer.
During offer submission, in case the validity of the Electrical license is expired, the copy
of the license renewal application submitted to the concerned statutory authority shall
be submitted along with the copy of the expired license and it will be considered for
acceptance.
II. However, if the contractor is having experience in Railway’s 25KV OHE or PSI
works (based on their submissions), his/her offer will be considered for acceptance
based on a declaration stating that the license copy will be submitted before the start
of the work and such declaration shall be uploaded in the required place in IREPS. Such
- 10 -
contractor shall avail and submit Electrical license copy before start of the work and the
agreement will be signed only on receipt of copy of Electrical license.
III. The electrical license should be in the name of the firm or in the name of any
authorized person of the tenderer's firm or if the tenderer is hiring an Electrical licensee
for supervising/ overseeing this work, the copy of his Electrical license along an
authorization letter for supervising / overseeing this work under his license shall be
submitted.

3.5.1. Other documents to be submitted along with the Tender:


(i) The tenderer shall clearly specify whether the tender is submitted on his own (proprietary firm)
or on behalf of a partnership Firm/Company/Joint Venture/Registered Society/Registered Trust
etc. The tenderer(s) shall enclose the attested copies of constitution of their concern, and copy
of PAN card along with their tender. Tender Documents in such cases are to be signed by such
persons as may be legally competent to sign them on behalf of the Firm, Company, Association,
Trust or Society, as the case may be.
(ii) Following additional documents shall be submitted by the tenderer in respect of the following:
Sole Proprietorship Firm:
All documents in terms of Para 10 of the Tender Form (Second Sheet) of GCC.
HUF:
A copy of notarized affidavit on Stamp Paper declaring that he who is submitting the tender on
behalf of HUF is in the position of 'Karta' of Hindu Undivided Family (HUF) and he has the authority,
power and consent given by other members to act on behalf of HUF.
Partnership Firm:
a) A notarized copy of the Partnership Deed or a copy of the Partnership deed registered with the
Registrar.
b) A notarized or registered copy of Power of Attorney in favour of the individual to tender for the
work, sign the agreement etc. and create liability against the firm.
c) An undertaking by all partners of the partnership firm that they are not blacklisted or debarred
by Railways or any other Ministry / Department of the Govt, of India from participation in
tenders / contracts as on the date of submission of bids, either in their individual capacity or in
any firm/LLP in which they were / are partners/members. Any Concealment / wrong
information in regard to above shall make the bid ineligible or the contract shall be determined
under Clause 62 of the Standard General Conditions of Contract.
d) All documents as mentioned in para 18 of the Tender Form (Second Sheet) of GCC.
Joint Venture (JV) – (If Applicable):
All documents as mentioned in para 17 of the Tender Form (Second Sheet) of GCC.
Company registered under Companies Act2013:
a) The copies of MOA (Memorandum of Association) IAOA (Articles of Association) of the
company
b) A copy of Certificate of Incorporation
- 11 -
c) A copy of Authorization/Power of Attorney issued by the Company (backed by the resolution of
Board of Directors) in favour of the individual to sign the tender on behalf of the company and
create liability against the company.
d) All other documents in terms Para 10 of the Tender Form (Second Sheet) of GCC.
LLP (Limited Liability Partnership):
a) A copy of LLP Agreement
b) A copy of Certificate of Incorporation
c) A copy of Power of Attorney/Authorization issued by the LLP in favour of the individual to sign
the tender on behalf of the LLP and create liability against the LLP.
d) An undertaking by all partners of the LLP that they are not blacklisted or debarred by Railways
or any other Ministry / Department of the Government of India from participation in tenders /
contracts as on the date of submission of bids, either in their individual capacity or in any
firm/LLP or JV in which they were / are partners/members. Concealment / wrong information
in regard to above shall make the contract liable for determination under Clause 62 of the
Standard General Conditions of Contract.
e) All other documents in terms of Para 10 of the Tender Form (Second Sheet) of GCC.
Registered Society & Registered Trust:
a) A copy of Certificate of Registration
b) A copy of Memorandum of Association of Society/Trust Deed
c) A copy of Power of Attorney in favour of the individual to sign the tender documents and create
liability against the Society/Trust.
d) A copy of Rules & Regulations of the Society
e) All other documents in terms of Para 10 of the Tender Form (Second Sheet) of GCC.
f) If it is NOT mentioned in the submitted tender that tender is being submitted on behalf of a
Sole Proprietorship firm / Partnership firm / Joint Venture / Registered Company etc., then the
tender shall be treated as having been submitted by the individual who has signed the tender.
g) After opening of the tender, any document pertaining to the constitution of Sole Proprietorship
Firm / Partnership Firm / Registered Company/ Registered Trust / Registered Society / HUF/LLP
etc. shall be neither asked nor considered, if submitted. Further, no suomoto cognizance of any
document available in public domain (i.e., on internet etc.) or in Railway's record/office files
etc. will be taken for consideration of the tender, if no such mention is available in tender offer
submitted.
h) A tender from JV shall be considered only where permissible as per the tender conditions.
i) The Railway will not be bound by any change of power of attorney or in the composition of the
firm made subsequent to the submission of tender. Railway may, however, recognize such
power of attorney and changes after obtaining proper legal advice, the cost of which will be
chargeable to the Contractor.
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(iii) The tenderer whether sole proprietor / a company or a partnership firm / joint venture (JV) /
registered society / registered trust / HUF / LLP etc if they want to act through agent or
individual partner(s), should submit along with the tender, a copy of power of attorney duly
stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person
whether he/they be partner(s) of the firm or any other person, specifically authorizing
him/them to sign the tender, submit the tender and further to deal with the Tender/ Contract
up to the stage of signing the agreement except in case where such specific person is
authorized for above purposes through a provision made in the partnership deed /
Memorandum of Understanding / Article of Association/Board resolution, failing which tender
shall be summarily rejected.
A separate power of attorney duly stamped and authenticated by a Notary Public or by
Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any
other person, shall be submitted after award of work, specifically authorizing him/them to deal
with all other contractual activities subsequent to signing of agreement, if required.
Note:
A Power of Attorney executed and issued overseas, the document will also have to be
legalized by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is
being issued. However, the Power of Attorney provided by Bidders from countries that have
signed the Hague Legislation Convention 1961 are not required to be legalized by the Indian
Embassy if it carries a conforming Appostille certificate.
3.5.2. During Submission of Bill:
(a) All relevant reports certified by Railway Representative, if applicable.
(b) RDSO/RITES Inspection Reports, if applicable.
(c) Measurement Book
3.5.3. Rights of the Railway to deal with Tender:
The Railway reserves the right of not to invite tenders for any of Railway work or works or to
invite open or limited tenders and when tenders are called to accept a tender in whole or in part or
reject any tender or all tenders without assigning reasons for any such action. In case if tender is
accepted in part by Railway administration, Letter of Acceptance shall be issued as counter offer to the
Tenderer, which shall be subject to acceptance by the Tenderer.
The authority for the acceptance of the tender will rest with the Railway. It shall not be
obligatory on the said authority to accept the lowest tender or any other tender, and tenderer(s) shall
neither demand any explanation for the cause of rejection of his/ their tender nor the Railway to
assign reasons for declining to consider or reject any particular tender or tenders.
If the tenderer(s) deliberately gives / give wrong information in his/ their tender or creates /
create circumstances for the acceptance of his/ their tender, the Railway reserves the right to reject
such tender at any stage.
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3.5.4. Participation of Joint Ventures:
Joint Venture Firms are not allowed to participate in this tender since the value of the work is
below 10 Crore. (Authority: Railway Board letter No. 2002/CE-I/CT/37 JV Pt.VIII, dated
14.12.2012).Tenderer shall submit all the documents relevant to participation of Joint Venture as per
Cl No. 17 of GCC – April 2022, if applicable.
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4.0 GENERAL CONDITIONS
All the conditions of this contract shall be read along with Indian Railways Standard General
Conditions of Contract for works - April 2022 with all it’s amendments and correction slips or it’s . In
this document, wherever it is mentioned as ‘GCC’ or 'General Conditions of Contract', it is referring to
Indian Railways Standard General Conditions of Contract for works - April 2022 with all it’s
amendments and correction slips or it’s latest version only.
4.1. Submission of documents by successful Tenderer:
On receipt of 'Letter of Acceptance' from Railways, the successful tenderer shall submit the
following in Railway prescribed formats.
1. A copy of the 'Letter of Acceptance' of tender, duly signed, as a token of acceptance.
2. Power of Attorney for signing in the Agreement, Measurement Book and for all purposes.
3. Performance Guarantee as per Para 16(4) of Part II - Indian Railways Standard General
Conditions of Contract, April 2022.
4.2. Security Deposit:
1. The Security Deposit shall be 5% of the contract value. The Bid Security submitted by the
Contractor with his tender will be retained/encashed by the Railways as part of security for the
due and faithful fulfillment of the contract by the Contractor. Provided further that, if
Contractor submits the Cash or Term Deposit Receipt issued from a Scheduled commercial bank
of India or irrevocable Bank Guarantee Bond from a Scheduled commercial bank of India, either
towards the Full Security Depositor, the Part Security Deposit equal to or more than Bid
Security, the Railway shall return the Bid Security, to the Contractor.
2. Balance of Security Deposit may be deposited by the Contractor in cash or Term Deposit
Receipt issued from Scheduled commercial bank of India or irrevocable Bank Guarantee bond
issued from Scheduled commercial bank of India, or may be recovered at the rate of 6% of the
bill amount till the full Security Deposit is recovered. Provided also that in case of defaulting
Contractor, the Railway may retain any amount due for payment to the Contractor on the
pending "on account bills" so that the amounts so retained (including amount guaranteed
through Performance Guarantee) may not exceed 10% of the total value of the contract.
3. The Irrevocable Bank Guarantee submitted towards Security deposit shall be initially valid up to
the stipulated date of Maintenance period plus 60 days and shall be extended from time to
time, depending upon extension of contract granted in terms of Clause 17A and 17B of the
Standard General Conditions of Contract.
Note: Security Deposit deposited in cash by the Contractor or recovered from the running bills of a
Contractor or submitted by contractor as Term Deposit Receipt(s) can be refunded/returned to
the contractor, in lieu of irrevocable Bank Guarantee bond issued from scheduled commercial
bank of India, to be submitted by him, for an amount equal to or more than the already
available Security Deposit, provided however that, in a contract of value less than Rs. 50 Crore,
such refund/ return of the already available Security Deposit is permitted up to two times and
in a contract of value equal to or more than Rs. 50 Crore, such refund / return of the already
available Security Deposit is permitted up to three times.
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4. Refund of Security Deposit:
Security Deposit mentioned above shall be returned to the Contractor along with or after the
following:
(a) Final Payment of the Contract as per clause 51.(1) of GCC and
(b) Execution of Final Supplementary Agreement or Certification by Engineer that Railway has No
Claim on Contractor and
(c) Maintenance Certificate issued, on expiry of the maintenance period as per clause 50(1), incase
applicable.
5. Forfeiture of Security Deposit:
Whenever the contract is rescinded as a whole under clause 62 (1) of GCC, the Security Deposit
already with railways under the contract shall be forfeited. However, in case the contract is
rescinded in part or parts under clause 62 (1) of GCC, the Security Deposit shall not be forfeited.
No interest shall be payable upon the Bid Security and Security Deposit or amounts payable to
the Contractor under the Contract, but Government Securities deposited in terms of Sub-Clause
16.(4)(b) of this clause will be payable with interest accrued thereon.
4.3. Performance Guarantee:
The procedure for obtaining Performance Guarantee is outlined below:
(a) The successful bidder shall have to submit a Performance Guarantee (PG) within 21 (Twenty
one) days from the date of issue of Letter of Acceptance (LOA). Extension of time for
submission of PG beyond 21 (Twenty one) days and up to 60 days from the date of issue of LOA
may be given by the Authority who is competent to sign the contract agreement. However, a
penal interest of 12% per annum shall be charged for the delay beyond 21(Twenty one) days,
i.e. from 22nd day after the date of issue of LOA. Further, if the 60 th day happens to be a
declared holiday in the concerned office of the Railway, submission of PG can be accepted on
the next working day.
In all other cases, if the Contractor fails to submit the requisite PG even after 60 days from the
date of issue of LOA, the contract is liable to be terminated. In case contract is terminated
railway shall be entitled to forfeit Bid Security and other dues payable against that particular
contract, subject to maximum of PG amount. In case a tenderer has not submitted Bid Security
on the strength of their registration as a Startup recognized by Department of Industrial Policy
and Promotion (DIPP) under Ministry of Commerce and Industry, DIPP shall be informed to this
effect.
The failed Contractor shall be debarred from participating in re-tender for that work.
(b) The successful bidder shall submit the Performance Guarantee (PG) in any of the following
forms, amounting to 5% of the contract value:
(i) A deposit of Cash;
(ii) Irrevocable Bank Guarantee;
(iii) Government Securities including State Loan Bonds at 5% below the market value;
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(iv) Pay Orders and Demand Drafts tendered by any scheduled commercial Bank of India.
(v) Guarantee Bonds executed or Deposits Receipts tendered by any Scheduled Commercial Bank
of India.
(vi) Deposit in the Post Office Saving Bank;
(vii) Deposit in the National Savings Certificates;
(viii) Twelve years National Defence Certificates;
(ix) Ten years Defence Deposits;
(x) National Defence Bonds and
(xi) Unit Trust Certificates at 5% below market value or at the face value whichever is less. Also,
FDR in favour of Sr.DFM/TPJ (free from any encumbrance) may be accepted.
(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter of
Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G. shall
be initially valid up to the stipulated date of completion plus 60 days beyond that. In case, the
time for completion of work gets extended, the Contractor shall get the validity of P.G.
extended to cover such extended time for completion of work plus 60 days.
(d) The value of PG to be submitted by the Contractor is based on original contract value and shall
not change due to subsequent variation(s) in the original contract value.
(e) The Performance Guarantee (PG) shall be released after physical completion of the work based
on 'Completion Certificate' issued by the competent authority stating that the Contractor has
completed the work in all respects satisfactorily.
(f) Whenever the contract is rescinded, the Performance Guarantee already submitted for the
contract shall be encashed.
(g) The Engineer shall not make a claim under the Performance Guarantee except for amounts to
which the President of India is entitled under the contract (not withstanding and/or without
prejudice to any other provisions in the contract agreement) in the event of:
(i) Failure by the Contractor to extend the validity of the Performance Guarantee as described
herein above, in which event the Engineer may claim the full amount of the Performance
Guarantee.
(ii) Failure by the Contractor to pay President of India any amount due, either as agreed by the
Contractor or determined under any of the Clauses/Conditions of the Agreement, within 30
days of the service of notice to this effect by Engineer.
(iii) The Contract being determined or rescinded under clause 62 of the GCC.
4.4. Variation in Quantities:
Clause No. 42 of 'General Conditions of Contract' shall govern the variations in quantities in this
contract.
i. Unless otherwise specified in the special conditions of the contract, the accepted variation in
quantity of each individual item of the contract would be upto 25% of the quantity originally
- 17 -
contracted, except in case of foundation work (in which no variation limit shall apply). However,
the rates for the increased quantities shall be as under:-
ii. The Contractor shall be bound to carry out the work at the agreed rates and shall not be
entitled to any claim or any compensation whatsoever upto the limit of 25% variation in
quantity of individual item of works.
iii. In case an increase in quantity of an individual item by more than 25% of the agreement
quantity is considered unavoidable, then same shall be executed at following rates
a. Quantities operated in excess of 125% but upto 140% of the agreement quantity of the
concerned item, shall be paid at 98% of the rate awarded for that item in that particular tender;
b. Quantities operated in excess of 140% but upto 150% of the agreement quantity of the
concerned item shall be paid at 96% of the rate awarded for that item in that particular tender;
c. Variation in quantities of individual items beyond 150% will be avoided and would be permitted
only in exceptional unavoidable circumstances and shall be paid at 96% of the rate awarded for
that item in that particular tender.
d. Variation to quantities of Minor Value Item: The limit for varying quantities for minor value
items shall be 100% (as against 25% prescribed for other items). A minor value item for this
purpose is defined as an item whose original agreement value is less than 1 % of the total
original contract value.
d. i Quantities operated upto and including 100% of the agreement quantity of the concerned
minor value item, shall be paid at the rate awarded for that item in that particular tender;
ii Quantities operated in excess of 100% but upto 200% of the agreement quantity of the
concerned minor value item, shall be paid at 98% of the rate awarded for that item in that
particular tender;
iii Variation in quantities of individual minor value item beyond 200% will be avoided and would
be permitted only in exceptional unavoidable circumstances and shall be paid at 96% of the
rate awarded for that item in that particular tender.
iv. In case of earthwork items, the variation limit of 25% shall apply to the gross quantity of
earthwork items and variation in the quantities of individual classifications of soil shall not be
subject to this limit.
v. As far as Standard Schedule of Rates (SOR) items are concerned, the variation limit of 25%
would apply to the value of SOR schedule as a whole and not on individual SOR items. However,
in case of Non Standard Schedule of Rates items, the limit of 25% would apply on the individual
items irrespective of the manner of quoting the rate (single percentage rate or individual item
rate).
4.5. Valuation of Variations:
The enlargements, extensions, diminution, reduction, alterations or additions referred to in
SubClause of this Clause shall in no degree affect the validity of the contract; but shall be performed by
the Contractor as provided therein and be subject to the same conditions, stipulations and obligations
as if they had been originally and expressively included and provided for in the Specifications and
Drawings and the amounts to be paid therefore shall be calculated in accordance with the accepted
- 18 -
Bill(s) of Quantities. Any extra item(s)/quantities of work falling outside the purview of the provisions
of Sub-Clause above shall be paid for at the rates determined under Clause-39 of these Conditions.
4.6. Handling Vitiation during Variation in contract quantities:
In partial modification of existing instructions, it has been decided that as a result of variations,
a contract shall be considered "vitiated " only when, the following percentage variation in contract
value between tenderers are noticed to have been executed vide Railway Board letter
No.2017/Trans/01/Policy dated 08/02/2018.

Percentage difference between present contractor and


new L-l as a result of variation.(Percentage shall be
S. No. Value of contract
calculated with base as the revised contract quantities
multiplied by the rates of the present contractor)
Small value contracts (Tender
1 10
value less than Rs.50 lakh )
Other than small value
2 contracts ( Tender value equal 5
to or more than Rs.50 lakh)
4.7. Price Variation:
Price Variation Clause (PVC) shall be applicable only in tender having advertised value above Rs.
2 Crores and having completion period above 12 months. Price Variation Clause is not applicable.
4.8. Labour:
The successful tenderer shall comply with the provisions related to Minimum Wages Act,
Employees Provident Fund Scheme, Employees Deposit Linked Insurance Scheme etc., as mentioned in
Clause 54 to 60 of Indian Railways Standard General Conditions of Contract, April 2022 or latest.
All laws and rules of Central and State Governments are applicable including the Contract
Labour (Regulation and Abolition) Act, 1970 and Central Rule 1971 as amended and corrected upto
correction slips up-to-date
4.9. Updation of Labour data on Railway's Shramik kalyan portal:
Contractor is to abide by the provisions of Payment of Wages Act & Minimum Wages Act in
terms of clause 54 and 55 of Indian Railways General Conditions of Contract. In order to ensure the
same, an application has been developed and hosted on website
'www.shramikkalyan.indianrailways.gov.in'. Contractor shall register his firm/company etc. and upload
requisite details of labour and their payment in this portal. These details shall be available in Public
domain. The Registration/updation in Portal shall be done as under
(a) Contractor shall apply for Onetime registration of his company/firm etc. in the Shramikkalyan
portal with requisite details subsequent to issue of Letter of Acceptance. Engineer shall approve
the contractor's registration on the portal within 7 days of receipt of such request.
(b) Contractor once approved by any Engineer, can create password with Login ID (PAN No.) for
subsequent use of portal for all LOAs issued in his favour.
(c) The contractor once registered on the portal, shall provide details of his Letter of Acceptance
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(LOA)/Contract Agreements on shramik kalyan portal within 15 days of issue of LOA for
approval of concerned Engineer. Engineer shall update (if required) and approve the details of
LOA filled by contractor within 7 days of receipt of such request.
(d) After approval of LOA by Engineer, contract shall fill the salient details of contract labourers
engaged in the contract and ensure uploading of each wage payment to them on shramik
kalyan portal on monthly basis.
(e) It shall be mandatory upon the contractor to ensure correct and prompt uploading of all salient
details of engaged contractual labour& payments made thereof after each wage period.
(f) While processing of any 'On Account bill' of 'Final bill' or release of 'Advances' or'Performance
Guarantee/Security Deposit', contractor shall submit a certificate to the Engineer or Engineer's
representatives that "I have uploaded the correct details of contract labours engaged in
connection with this contract and payments made to them during the wage period in Railway's
Shramikkalyan portal at www.shramikkalyan.indianrailways.gov.in till Month,Year".
4.10. Certificate of Completion of Works:
As soon as in the opinion of the Engineer, the work has been completed and has satisfactorily
passed any final test or tests that may be prescribed, the Engineer shall issue a certificate of
completion duly indicating the date of completion in respect of the work and the period of
maintenance of the work shall commence from the date of completion mentioned in such certificate.
The certificate, inter alia, should mention that the work has been completed in all respects and that all
the contractual obligations have been fulfilled by the Contractor and that there is no due from the
Contractor to Railways against the contract concerned.
The Engineer may also issue such a certificate indicating date of completion with respect to any
part of the work (before the completion of the whole of work), which has been both completed to the
satisfaction of the Engineer and occupied or used by the Railway. When any such certificate is given in
respect of part of a work, such part shall be considered as completed and the period of maintenance of
such part shall commence from the date of completion mentioned in the completion certificate issued
for that part of the work.
4.11. Right of Railway to Determine the Contract:
The right of Railway to determine the contract shall be governed by Clause No. 61 of 'General
Conditions of Contract, April, 2022.
4.12. Determination of Contract owing to Default of Contractor:
The determination of Contract owing to default of Contractor shall be as per the provisions
contained in clause No. 62 of 'General Conditions of Contract, April 2022.
4.13. Settlement of disputes:
Settlement of disputes and the demand of Arbitration shall be as per the provisions contained
in clause No. 63 & 64 of 'General Conditions of Contract, April 2022.
In addition to the instructions and conditions mentioned herewith in this tender document, the
contractor shall comply with the all the conditions available in GCC –April 2022 and the contractor shall
also comply the instructions issued by Sr.DEE/TRD/TPJ, then and there, with regard to this contract
work. In case of any ambiguity about Tender clauses and terms and conditions, Sr.DEE/TRD/TPJ’s
decision shall be final.
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5.0 SPECIAL CONDITIONS (GENERAL)
This is a works contract. These special conditions of contract (both General and Technical)
should be read in conjunction with the General Instructions of this tender and Indian Railways
Standard General Conditions of Contract for works - April 2022 with amendments or latest. In the
event of any conflict or inconsistency between the Indian Railways Standard General Conditions of
Contract and Special Conditions of Contract, the provisions of Special Conditions of Contract contained
herein shall prevail.
5.1. Name of Contract:
TPJ Division - Outsourcing of Non-Core OHE Maintenance Activities for One Year.
5.2. Scope of work:
The scope of work covers maintenance activities of Non-Core OHE across TPJ Division through
Outsourcing
The quantity furnished for various items in the Work Schedule is only approximate. After issue
of LOA, the contractor has to conduct detailed survey at site and submit the required Designs &
drawings for the approval of Railways. Execution of work shall be planned based on approved Designs
& drawings only. Based on approved drawings, variation statement, if any, will be processed for
sanction of competent authority for executing the work. If during the course of execution of work,
deviations from approved designs & drawings are necessitated as per site conditions, the same shall be
brought to the notice of Railways for approval.
All the released materials including masts, if any, shall be transported to nearest OHE depot
and handed over to the Engineer-in-charge of work with proper record.
5.3. Execution of Contract Document:
Indian Railway has launched a web-enabled application IR-Works Contract Management
System (IR- WCMS), designed and developed by CRIS (Centre for Railway Information Systems) and it
has been hosted on IRCEP (https://ircep.gov.in). The application covers all the activities associated
with contract handling which inter-alia include the submission of Performance Guarantee, Preparation
of signing of the contract agreement, Billing and its integration with IPAS for payment and sanction,
Variation Statement preparation and sanction, Extension of DOC, Release of PG/SD &Correspondence
between Railway with the contractor etc. The Tenderer whose tender is accepted shall be required to
sign the agreement shared through the IRWCMS duly using their digital signature certificate used for
bidding in IREPS.
The Contract Agreement shall be entered into by Railway only after submission of valid
Performance Guarantee by the Contractor. Failure to do so shall constitute a breach of the agreement
affected by the acceptance of the tender.
If the tenderer on being called upon to sign the contract agreement fail to sign the same within
stipulated period mentioned in tender documents, the bidder shall be banned from submission of bids
in any Works / Service Tender issued by Indian Railways for a period of 12 months from the date of
such banning done on e-platform IREPS.
- 21 -
5.4. Engineer-in-Charge of work:
'Senior Section Engineer/TRD’ under whose jurisdiction the work is being carried out will be the
Engineer-in-Charges of the work for respective depot jurisdiction, who will supervise and record the
measurements for this work. All correspondence with Railways with regard to this works contract shall
be routed through the Engineer-in-charge.
5.5. Completion period:
All the works under this contract shall be completed within a period of One year from the date
of issue of 'Letter of acceptance' of tender. The Railway Administration is entitled to recover penalty as
stipulated in clause 17B of the 'General Conditions of Contract' or otherwise specified separately, if the
contractor is in default.
5.6. Entry Permits and Photo Identity Cards:
The contractor and/or his staff shall neither enter nor be permitted to enter any Railway
premises unless he/they are in possession of "Photo Identity Cards" of their own and "Entry Permits"
issued by the TRD branch, Southern Railway, Tiruchchirappalli.
5.7. Quality Assurance Programme:
The following Registers are to be maintained at site in connection with this Works Contract:
1. Site Order book - By Contractor.
2. Hindrance Register - By Contractor
3. Material Transaction Register - Both by Railways and the Contractor
4. Daily Progress & Labour Register - By Contractor.
5. Cube Testing Register - By Contractor
These registers are to be maintained at site and should be produced during inspection by
officials. The formats for maintaining the above-mentioned registers are furnished at Appendix - F to J.
5.8. Workmanship:
1. Good workmanship is an essential requirement. The contractor shall employ a site supervisor
for execution/supervision of the work in all respects. The work shall be carried out under the
supervision/directions of the Railway's Engineer-in-charge of work or his authorized
representative.
2. The Contractor shall employ a qualified technical staff at work site for supervision. Normally, a
qualified graduate engineer shall be employed for all works costing Rs. 200 lakhs and above and
a diploma holder when the work is costing more than Rs. 25 lakhs but less than Rs. 200 lakhs.
3. The Contractor's Site Engineer shall be permitted to work only after taking the approval of the
Engineer-in-charge. In this regard, the Contractor shall submit the details of the Site Engineer
along with his request seeking approval of Engineer-in-charge of Railways.
4. In case, the contractor fails to employ the technical staff as aforesaid, he shall be liable to pay
an amount of Rs. 40,000/- in case of graduate engineer and Rs. 25,000/- in case of diploma
holder for each month or part thereof for the default period.
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5. Handing over/taking over of Equipments/works: The contractor shall be bound to hand over
the equipments/works executed under the contract to the Railway, complete in all respects, to
the satisfaction of the Engineer. The Engineer-in-charge shall determine the date on which the
work is considered to have been completed. For all purposes, contractor shall be bound to
observe any such determination by the Engineer.
5.9. Terms of Payment:
1. No advance payment shall be made to the contractor. Progress payments for completed
portions of work as per the Work Schedule will be made, as per provision contained in 'General
Conditions of Contract'.
2. Railways shall not be liable for any other charges except the rate accepted as per Price
schedule. Under no circumstances, the rates quoted by the contractor and accepted by the
Railways shall be enhanced during the entire period of contract.
3. Payment through Letter of Credit (LC):
a) Contractor shall have the option to take payment from Railways through a Letter of Credit (LC)
arrangement.
b) This option of taking payment through LC arrangements has to be exercised in IREPS (Indian
Railway Electronic Procurement System - the e-application on which tenders are called by
Railways) by the tenderer at the time of bidding itself, and the tenderer shall affirm having read
over and agreed to the terms and conditions of the LC option.
c) The option so exercised, shall be an integral part of the bidder's offer.
d) The above option of taking payment through LC arrangement, once exercised by tenderer at
the time of bidding, shall be final and no change shall be permitted, thereafter, during
execution of contract.
4. However, on account payment will be made against receipt of materials at Purchaser depots,
depending upon availability of storage space Each Claim for ONA payment will be subjected to
the approval of Sr. Divisional Electrical Engineer, Traction Distribution, Tiruchchirappalli.
Progress payments for completed portions of work will also be arranged as per provision under
this clause. Subject to any deductions or recoveries which the purchaser be entitled to make
under the Contract, the contractor shall unless otherwise agreed to be entitled to get the
following payments subject to conditions stipulated in subsequent paragraphs.
5. Payment for additional supplies:
Normally, the contractor has to supply the materials required for erection of the work.
However, if any materials listed in the schedule of items required for the Railway, the same
may be supplied by the contractor only on receipt of letter for additional supply from Sr.
Divisional Electrical Engineer, Traction Distribution, Tiruchchirappalli.
5.10. Taxes and other Deductions
5.10.1. Income Tax Deductions
Income tax will be deducted at source at the rates notified by the Income Tax Department from
time to time and TDS certificate will be issued in form No.16 for such deductions with each bill.
- 23 -
5.10.2. Goods and Services Tax
The work done under this contract would be subjected to the various provisions of The Central
Goods and Services Tax Act, 2017(CGST)/ Integrated Goods and Services Tax Act, 2017(IGST)/ Union
Territory Goods and Services Tax Act, 2017(UTGST)/ respective state's State Goods and Services Tax
Act (SGST) also, as notified by Central/State Govt. & as amended from time to time and applicable
taxes.
The Contractor is liable to be registered under CGST/IGST/UTGST/SGST Act and shall submit
GSTIN along with other details required under CGST/IGST/UTGST/SGST Act to railway immediately
after the award of contract, without which no payment shall be released to the Contractor. The
Contractor shall be responsible for deposition of applicable GST to the concerned authority.
5.10.3. Conservancy Cess Charges
If applicable, Conservancy Cess Charges will be deducted from your bills based on the average
No. of Labourers/Workmen employed per day by you for the above work as under and the same shall
be certified by the SSE in-charge. (Ref: Railway Board Letter No. F(X) 1-95/1/1, dated 07.09.2021).

Avg. No. of Labourers / Conservancy Cess charges to be


SI. workman employed per day recovered (per month)

1 01 to 05 Rs.159/-

2 06 to 10 Rs.312/-

3 11 to 25 Rs.785/-

5.10.4. Taxes on Schedule Items of Work


All rates quoted in the tenders shall be deemed to be inclusive of Goods and Services tax,
duties, royalties, octroi, cess etc. payable by the contractor to the Govt, or any other public body and
no additional amount/rate or claim will be entertained on this account by the Railways. Also no claim
whatsoever will be accepted by Railways on account of revision of tax rates, introduction of new taxes
of statutory nature by State/Central Govt.
5.11. Swachh Bharat Mission
The contractor must maintain a clean work area. Not only after the completion of the contract,
but he should also continue to clean the work area during the performance of the contract. For
achieving this, the following shall be done.
1. A spot for dumping of the debris should be identified.
2. Each bill will be accompanied by a certificate by the concerned railway supervisor that the
debris for the work done till the stage of payment (for which the bill is being put up) has been
cleared and dumped at the nominated site. This will also be subjected to check by officers as
per the provisions of test check.
3. The supervisors in the field should be asked to nominate the dumping spot for the debris and
advise the contractors in writing.
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5.12. Noteworthy Instructions
1. The contractor shall obtain special permit from the Railway to enable his workers to
work at, to bring to or to take materials from work spot.
2. The list of released materials shall be jointly prepared on the basis of field survey to be
conducted by the 'Sr.Section Engineer/TRD’ and contractor's representative after the work has been
awarded but before dismantling work is allowed to commence. The contractor shall be bound to
handover the materials according to the said agreed list and should be responsible for any shortages.
3. In the case of any differences of opinion regarding the quality of work or quality of the
materials, the decision of the Engineer-in-charge shall be final and binding on the Contractor.
4. If there are varying or conflicting provisions in the documents forming part of the
contract, the Engineer-in-charge shall be the deciding authority with regard to the intentions of the
provisions and his decision shall be final and binding on the contractor.
5. The work shall be carried out generally in conformity with the Railway specifications,
except as amended or modified by these 'Special Conditions of Contract' and directions, if any, in
writing by the Engineer-in-charge of the work.
6. The program and method of work shall be furnished by the contractor well in time in
consultation with Engineer-in-charge of the work.
7. No free passes or transport will be arranged by the Railways for the movement of
contractor and his staff.
8. Communication handed over to the contractor's personnel at site/over phone/FAX/mail
shall be deemed to have reached his office.
9. The several documents forming the Contract are to be taken as mutually
complementary to one another.
10. All the materials must be procured from RDSO supplier only if available.
5.13. JURISDICTION OF THE COURT BINDING THE CONTRACT
For the smooth operation of the contract, any suit or proceedings to enforce the rights of either
of the parties here to under the agreement shall be instituted in and tried only by the courts under the
jurisdiction of Honorable High of Madras (and its subordinate courts) and by no other court, and both
the parties hereto, hereby expressly agree to submit to the jurisdiction of courts under the jurisdiction
of Honorable High Court of Madras (and its subordinate courts)
5.14. CONTRACTOR’S ORGANISATION
In addition to the establishment of an office, the Contractor shall set up at least one main depot for
receiving and storing materials and establish a workshop for small fabrication and assembly work if
considered necessary by the Contractor. If he and the Purchaser deem it necessary, sub depots may be
set up to case operation of work trains and distribution of materials. The location of Contractor’s
depot sub depots will be mutually agreed upon by the purchaser and the Contractor. For the main and
sub depots .the purchaser shall offer open space reasonably level and workable and suitable for
storage of materials free of charge, inside Railway premises which will be convenient from the point of
view of operation. The depot/s shall as far as possible be located such as to be accessible by road.
- 25 -
Note: a) All expenses for providing covered and enclosed storage and workshop accommodation
,other facilities and running the establishment shall be borne by the Contractor.
b) The main depots will be located at stations as indicated in preamble. The proposed
location/s of sub depot is to be given by the Tenderer for scrutiny and approval by the Purchaser.
c) The Contractor shall hand over the depot, sub depot area complete within a period of one
year from completion of the warranty period, cleaned of all Contractor’s stores, rubbish unless
otherwise agreed to by the purchaser.
d) The Contractor will be responsible for transfer of materials from main depot or sub depots
between depot/s and workshops except where otherwise stated. The Contractor will be responsible
for all loss and / or damage in the transfer of materials and no loss damage or expenses incurred on
this account will be reimbursed by the Purchaser.
e) Electricity may be supplied at places where spare capacity is available for running machinery
and for lightning. The Purchaser will entertain no complaints on the non-availability of power supply.
The contractor shall provide his own distribution system in consultation and with the approval of the
purchaser. The Contractor shall pay the cost of providing connections and of energy consumed to the
Purchaser in accordance with relevant rules and prevailing rates of the Railway.
f) At places where piped water supply is available ,the purchaser may supply water to the
contractor at convenient points for his office, workshops and stores if necessary in commencing with
the work. The contractor shall arrange to lay his own pipelines for distribution in consultation and with
the approval of the Purchaser. The Contractor shall be charged for consumption by the Railways. The
Contractor shall arrange water at the work site at his own cost.
g) The Contractor shall arrange at his own cost , all tools plant and facilities as necessary for
erection and testing of the equipment, in compliance with the specification.
h) For every contract in operation, a spot for the dumping of the materials/debris should be
identified jointly with Railways.
i) Each bill of the contractor submitted have to be necessarily accompanied by a certificate by
the concerned Railway Supervisor that the debris for the work done till the stage of payment (for
which the bill is being put up) has been cleaned and dumped at the nominated place.
- 26 -
6.0 Appendices
Appendix - A: Truthfulness of Documents Submitted
FORMAT FOR CERTIFICATE TO BE SUBMITTED / UPLOADED BY TENDERER ALONGWITH THE TENDER DOCUMENTS
I, ………………………………(Name and designation)**appointed as the attorney/authorized signatory of the
tenderer (including its constituents),
M/s_____________________________ (hereinafter called the tenderer) for the purpose of the Tender
documents for the work of ____________________________________________ as per the tender
No.____________ of ________(Railway)**, do hereby solemnly affirm and state on the behalf of the
tenderer including its constituents as under:
1. I/we the tenderer (s) am/are signing this document after carefully reading the contents.
2. I/We the tenderer(s) also accept all the conditions of the tender and have signed all the pages
in confirmation thereof.
3. I/we hereby declare that I/we have downloaded the tender documents from Indian Railway
website www.ireps.gov.in . I/we have verified the content of the document from the website and
there is no addition, no deletion or no alteration to the content of the tender document. In case of any
discrepancy noticed at any stage i.e. evaluation of tenders, execution of work or final payment of the
contract, the master copy available with the railway Administration shall be final and binding upon
me/us.
4. I/we declare and certify that I/we have not made any misleading or false representation in the
forms, statements and attachments in proof of the qualification requirements.
5. I/We also understand that my/our offer will be evaluated based on the
documents/credentials submitted along with the offer and same shall be binding upon me/us.
6. I/We declare that the information and documents submitted along with the tender by me/us
are correct and I/we are fully responsible for the correctness of the information and documents,
submitted by us.
7. I/we certify that I/we the tenderer(s) is/are not blacklisted or debarred by Railways or any
other Ministry / Department of Govt. of India from participation in tender on the date of submission of
bids, either in individual capacity or as a HUF/ member of the partnership firm/LLP/JV/Society/Trust.
8. I/we understand that if the contents of the certificate submitted by us are found to be
forged/false at any time during process for evaluation of tenders, it shall lead to forfeiture of the Bid
Securityand may also lead to any other action provided in the contract including banning of business
for a period of upto two year. Further, I/we (insert name of the tenderer) **_____________and all
my/our constituents understand that my/our offer shall be summarily rejected.
9. I/we also understand that if the contents of the certificate submitted by us are found to be
false/forged at any time after the award of the contract, it will lead to termination of the contract,
along with forfeiture of Bid Security/Security Deposit and Performance guarantee and may also lead to
any other action provided in the contract including banning of business for a period of upto two year.
10. I/We have read the clause regarding restriction on procurement from a bidder of a country
which shares a land border with India and certify that I am/We are not from such a country or, if from
such a country, have been registered with the competent Authority. I/We hereby certify that I/we fulfil
all the requirements in this regard and am/are eligible to be considered (evidence of valid registration
by the competent authority is enclosed)
SEAL AND SIGNATUREOF THE TENDERER
Place:
Dated:
**The contents in Italics are only for guidance purpose. Details as appropriate are to be filled in
suitably by tenderer. This certificate is to be given by each member of JV.
- 27 -
Appendix - AA- Truthfulness of Documents Submitted (Partnership/JV/HUF/LLP)
(THIS CERTIFICATE IS TO BE GIVEN BY ATTORNEY/AUTHORIZED SIGNATORY/EACH MEMBER OF
PARTNERSHIP FIRM/JOINT VENTURE (JV) / HINDUUNDIVIDED FAMILY (HUF) / LIMITED LIABILITY
PARTNERSHIP (LLP) ETC.)
I/We,………………………………(Name) attorney/authorized signatory of the ……………………. (Constituent
firm/ constituent partner) and member/partner of the ……………………….(tendering firm) hereby
solemnly affirm and state as under:

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


blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from
participation in tender on the date of submission of bids, either in individual capacity or as a HUF/
member of the partnership firm/LLP/JV/Society/Trust.
2. I/We have read the clause regarding restriction on procurement from a bidder of a
country which shares a land border with India and certify that I am/We are not from such a country
or, if from such a country, have been registered with the competent Authority. I/We hereby certify
that I/we fulfil all the requirements in this regard and am/are eligible to be considered (evidence of
valid registration by the competent authority is enclosed)

SEAL AND SIGNATUREOF THE CONSTITUENT FIRM/CONSTITUENT PARTNER

Place:
Dated:
- 28 -
Appendix – B- SOUTHERN RAILWAY ELECTRONIC FUND TRANSFER
(TO BE ATTACHED ALONG WITH THE TENDER)
Unique Contractor / Vendor code:
1 Investor/Customer’s Name and Address
EMAIL ID Telephone No.

2 Particulars of Bank account:


a) Name of the Bank

b) Name of the Branch


Address and Telephone No.

c) 9 digit code number of the Bank and


Branch appearing on the MICR cheque
issued by the Bank
d) IFSC Code of the branch

e) Type of account (Current/Savings/Cash


Credit with code 10/11/13)

f) Ledger and ledger folio No.

g) Account Number (appearing on cheque


Book)

(In lieu of the bank certificate to be obtained as under, please attach a bank cancelled cheque
or photo copy of a cheque or front page of your saving pass book issued by your bank for verification
of the above particulars)

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

Date: Signature of the Investor/Customer

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

Bank’s stamp Signature of the Authorized official of the Bank


- 29 -
Appendix - C- Declaration on Non-Association of Retired Railway Employee
FORMAT FOR DECLARATION TO BE UPLOADED BY TENDERER ALONGWITH THE TENDERDOCUMENTS
IF NO RETIRED RAILWAY EMPLOYEE IS/ARE ASSOCIATED WITH THE FIRM

I/We, _______________________________ hereby declare that, as perinstructions contained

in Clause No. 16 of Annexure I of Part I and Clause No. 59(9) of Part II of Indian Railways Standard

General Conditions of Contract, no retired Railway employees are associated with my/our firm.

Place: Signature of the Authorized person of the Firm


Date: with stamp and date
- 30 -
Appendix – D– BG Format
FORMAT FOR BANK GUARANTEE BOND SUBMITTED FOR PERFORMANCE GUARANTEE
(To be issued by Scheduled Commercial Banks on Stamp Paper of requisite value)

1. In consideration of the President of India, acting through the Sr.Divisional Electrical Engineer,
Traction Distribution, Southern Railway, Tiruchchirappalli or his successor of the Ministry of Railways /
Railway Board (hereinafter called 'The Government') having agreed to exempt M/s.
……….………………………. (hereinafter called 'The said Contractor') from the demand under the terms &
conditions of Work Order/LOA / Agreement No …………………………. dated ………………. made
between 'The Government' and 'The said Contractor' for the work of
“………………………………………………………………………” (herein after called "The said Agreement"), the
performance guarantee for the due fulfillment by the said Contractor(s) of the terms & conditions
contained in the said Agreement on production of a Bank Guarantee for Rs. …………I- (Rupees
……………………………………………………………..… only).We (indicate the name of Bank) (hereinafter referred
to as 'The Bank) at the request of 'The said Contractor' do hereby undertake to pay to 'The
Government' an amount not exceeding Rs. ……………I-(Rupees …………………………………………………………
only) against any loss or damage caused to or suffered or would be caused to or suffered by the
Government by reason of any breach by the said Contractor (s) of any of the terms & conditions
contained in the said Agreement.
2. We, (indicate the name of the bank) do hereby undertake to pay the amounts due and payable
under this guarantee without any demur, merely on a demand from the Government stating that the
amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the
Government by reason of any breach by the Contractor of any of the terms & conditions contained in
the said Agreement or by reason of the Contractor's failure to perform the terms & conditions of the
said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due
and payable by the Bank under this guarantee. However, our liability under this guarantee shall be
restricted to an amount not exceeding Rs. …………….I- (Rupees
……………………………………………………………………. only)
3. We, (indicate the name of the bank) undertake to pay to the Government any money so
demanded notwithstanding any dispute or disputes raised by the Contractor in any suit or
proceedingspending before any court or tribunal relating thereto, our liability under this guarantee
being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge
of our liability for payment thereunder and the Contractor shall have no claim against us for making
such payment.
4. We, (indicate the name of the bank) further agree that the guarantee hereinafter contained
shall remain in full force and effect during the period that would be taken for the performance under
the terms & conditions of the said Agreement and that it shall continue to be enforceable till all the
dues of the Government under or by virtue of the said Agreement have been fully paid and its claims
satisfied or discharged or till 'The Government' certifies that the terms and conditions of the said
Agreement have been fully and properly carried out by the said Contractor and accordingly discharges
this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before
(Date of validity), we shall be discharged from all our liability under this guarantee thereafter.
5. We, (indicate the name of the bank) further agree with the Government that the Government
- 31 -
shall have fullest liberty without our consent or without affecting in any manner our obligations
hereunder to vary any of the terms and conditions of the said Agreement or to extend time of
performance by the said Contractor from time to time or to postpone for any time or from time to
time any of the powers exercisable by the Government against the said Contractor and to forbear or
enforce any of the terms and conditions relating to the said Agreement and we shall not be relieved
from our liability by reason of any such variations, or extensions being granted to the said contractor
or by any such matters or things whatsoever, which, under the law relating to sureties would, but for
this provisions, have effect of so relieving us.
6. This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor.
7. We, (indicate the name of the bank) lastly undertake not to revoke this guarantee during its
currency except with the previous consent of the Government in writing.
8. Notwithstanding anything contained herein above:

(a) Our liability under this guarantee is restricted to Rs. ……………/- (Rupees ……………………………………
....................................................................... only).

(b) This guarantee is valid up to (date) …………… and

(c) We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee
only if 'The Government' serve upon us a written claim on or before (date) i.e. date of expiry of
Guarantee.

Dated, the _______ day of ______________ for (indicate the name of Bank).

Yours faithfully,
(Signature of the authorized Officer of the Bank)
Witness:
1. Signature: Name:
Address:
2. Signature: Name:
Address:
- 32 -
Appendix –E TENDERERS CREDENTIALS

TENDERERS CREDENTIALS

Please Furnish the following Details:


1) (a) Details of your previous experience on installation of similar equipments

(b) Details of similar works presently under execution and their completion period

2) Have entered into technical collaboration with any consultants to assist you in this work? If so, give full
particulars

3) (a) (i) Give details of technical personnel employed along with date of joining and the service with the
tenderer.

(ii) Details of the personnel proposed to be engaged for this subject work

(a) List of plants, tools and equipments owned by the firm and proposed to be used on this work.

4) Give the names of principal manufacturers from whom supply is assured.

5) Give constitution of your firm. Attach certified copies of legal documents in support thereof.

NOTE: This form shall be filled precisely and with full details.
- 33 -
Appendix – F SITE ORDER BOOK
SOUTHERN RAILWAY
SITE ORDER BOOK
Name of Work: ..................................................................................
AGT. No. / Date: .................................................................................
Name of the contractor…………………………………….……………………………. Starting date of construction:

Signature of the Noting Signature Compliance Signature


Sl. No. Site Order by Inspecting officials Compliance details Remarks
official Contractor SSE Contractor SSE

Notes:
1. For every work, separate site order book should be maintained.
2. Site order should be recorded specifically and chronogically.
3. Wherever required site orders may be supported by sketches.

Special Note:
Any objection of the contractor to the site order should be brought to the notice to the Executive Engineers or higher officials immediately
by the contractor separately
- 34 -
Appendix – G HINDRANCE REGISTER
SOUTHERN RAILWAY
HINDRANCE REGISTER
Name of Work: ..................................................................................
AGT. No. / Date: .................................................................................
Name of the contractor……………………………………………………………….…. Starting date of construction:

Signature
Sl. Nature of Date of Date of Period of Over lapping Total period of Extension Extension Clause under
No. hindrance Occurrence removal hindrance period hindrance recommended approved GCC Contractor SSE

Note: Separate register to be maintained for each work.


- 35 -
Appendix – HMATERIAL TRANSACTION REGISTER
SOUTHERN RAILWAY
MATERIAL TRANSACTION REGISTER
Name of Work: ..................................................................................
AGT. No. / Date: ................................................................................. Starting date of construction :
Name of the contractor……………………………………………………………….…. Location of Stores :
Name/ Nature of

Item Description

Test Certificate
Total received
Details of Receipt Signature Details of issues Signature

performance
(with unit)

regarding
Remarks
Opening
Balance
work

Date of Closing
Receipt Balance
Voucher Expiry Total
Brand Quantity Contractor SSE Date Quantity Contractor SSE
No. Date issued

Note : Separate register to be maintained for each work.


- 36 -
Appendix – I DAILY PROGRESS & LABOUR REGISTER
SOUTHERN RAILWAY
DAILY PROGRESS & LABOUR REGISTER
Name of Work: ..................................................................................
AGT. No. / Date: .................................................................................
Name of the contractor……………………………………………………………….…. Starting date of construction:

Status of work Progress Contractor labour Signature


Date Remarks
(in the beginning) (on date) (available at site) RlyRepresentative
Contractor

Note : Separate register to be maintained for each work.


- 37 -
Appendix – J CUBE TESTING REGISTER
SOUTHERN RAILWAY
CUBE TESTING REGISTER
(Applicable for concreting work)
Name of Work: ..................................................................................
AGT. No. / Date: .................................................................................
Name of the contractor……………………………………………………………….…. Starting date of construction:

Compressive Strength in N/mm2 Compressive Strength in N/mm2


Sl. Date of Name of Grade of Signature Signature
After 7 days curing After 28 days curing Remarks
No. concreting component concrete Date of Date of
testing I II III Avg. Contractor SSE testing I II III Avg. Contractor SSE

Note : Separate register to be maintained for each work.

- End of Document

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