1

Government of India

(MINISTRY OF RAILWAYS)
East Coast Railway

TEN DER DOCUMENT

for

Out sourcing of OHE Maintenance Activities in Jharsuguda-

Sambalpur section, including sidings in Sambalpur division for one
year.

ISSUED BY

Divisional Electrical Engineer (TRD)

East Coast Railway, Sambalpur

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INDEX

Sl. Content Pages

No.

1 Tender Notice 3-5

2 Tender form(first sheet) Annexure-I 5-6

3 Tender form(second sheet) Annexure-I 6-14

4 Credentials of Tenderer Form-3 14

5 Complete technical data and particulars of the offer 15-30

as specified in the tender papers(Explanatory note).

(See Chapter-I)

6 Part-I 31-37

7 Part-II 37-40

8 Performance statement Annexure-B 40

9 Declaration of Bank Account 40-41

10 Special condition of Contract (Annexure-C) 41-44

11 Format for submitting Bank Guarantee(Annexure-D) 44-46

12 Annexure 47-48

13 Annexure-A 49-50

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EAST COAST RAILWAY

NOTICE INVITING e-TENDER
Tender No: 05-SBP-TRD-OT-2018-19 Dated:
Divl. Electrical Engineer(TRD) acting for and on behalf of The President of
India invites E-Tenders against Tender No 05-SBP-TRD-OT-2018-19, closing date
Bidders will be able to submit their original/revised bids upto closing date and time
only. Manual offers are not allowed against this tender, and any such manual offer
received shall be ignored.
Tender No Name of the work Approximat EMD in Rs. Cost of
e value in tender
Rs. document in
Rupees
1 2 3 4 5
05-SBP- Outsourcing of OHE 90,32,468/- 1,80,650.00 5,900/-
TRD-OT- maintenance Activities
2018-19 in SBP-JSG section,
including sidings for one
year.
Bidders will be able to submit their original/revised bids upto closing date and time
only. Upto 13.30 hrs. of date: 13.11.2018
Date and time of opening of tenders 15.30 hrs. of date: 13.11.2018
The details of tender will be available in the website ireps.gov.in.
The payment towards tender document cost, earnest money etc. to be made
online through multiple bank's net banking, debit and credit cards in favour
of PFA/ECoR/BBS. Manual payments through Demand draft, Banker's
cheque, Deposit receipts, FDR etc. are not allowed.
Tenderer should have valid HT (33KV) electrical contractors license issued by
state/central govt. The tenderers shall submit a notarized affidavit on a non-judicial
stamp paper stating that they are not liable to be disqualified and all their
statements/documents submitted along with bid are true and factual. Standard
format of the affidavit to be submitted by the bidder is enclosed as
annexure-A. Non submission of an affidavit by the bidder shall result in
summarily rejection of his/their bid. And it shall be mandatorily incumbent upon
the tenderer to identify, state and submit the supporting documents duly self
attested by which they/he is qualifying the Qualifying Criteria mentioned in the
Tender Documents. It will not be obligatory on the part of Tender Committee to
scrutinize beyond the submitted document of tenderer as far as his qualification for
the tender is concerned.
The tenderer shall quote the rate by taking into account GST @18% as
leviable/applicable by Union of India/State Government GST act from time
to time. If the tenderer shall quote the rate by not taking into account of
GST @18% as leviable/applicable by Union of India/State Government from
time to time, then the same offer of tenderer will be liable to be summarily
rejected.
Eligibility Criteria: The following points should be fulfilled by the tenderers. The
supporting documents should be submitted along with e-tender papers. If any one
point is not fulfilled by the tenderers, then such offer received shall be summarily
rejected.

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1. Should have completed at least one similar single work for a minimum
value of 35% of advertised tender value in the last three financial years
(i.e-current year and three previous financial years). Tenderer has to
produce supporting documents/certificates from the organization with
whom they have worked along with the tender offer. Certificate from
private individuals for whom such works are executed shall not be
accepted.
2. Total contract amount received during the last three financial years and in
the current financial years should be minimum of 150% of advertise
tender value. In this effect tenderer have to submit along with tender
attested authentic certificate from the employer/Client, audited balance
sheet duly certified by the chartereded accountant etc, from which the
turnover of the company can be clearly calculated.
Similar nature of works for the name of work “Outsourcing of OHE
maintenance Activities in SBP-JSG section, including sidings for one year.
Maintenance of 25KV OHE

Or

“Design erection and commissioning of 25KV over head equipments, either

through an order by any of the zonal Railways /Central organization for Railway
Electrification (CORE) or by public sector undertaking like
RVNL/PGCIL/RITES/IRCON

Divisional Electrical Engineer (TRD)

E. Co. Railway, Sambalpur
(For and on behalf of President of India)
Visit website at: ireps.gov.in
Copy to: PCEE/E. Co. Railway for information please.
Copy to: PCVO/ECoR for information please.
Copy to: Sr. DFM/SBP for information. He is requested to depute Sr.SO to associate
in the Tender Opening.
Copy to: CPM/RE/BBS, CEE (Con)/BBS, DEE/TRD(I/C)/KUR & Sr.DEE/TRD/WAT for
kind information and wide publicity please.
Copy to: Case file.
Copy to: Notice Board.

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ANNEXURE - I
East Coast Railway

E-TENDER FORM (First Sheet)

Tender No. 05-SBP-TRD-OT-2018-19 Dated:
Name Of Work: Outsourcing of OHE Maintenance Activities in SBP-JSG section,
including sidings for one year period.

To

The President of India

Acting through the ____________________
_________ Railway

I/We ____________________ have read the various conditions to tender

attached hereto and agree to abide by the said conditions. I/We also agree to keep
this tender open for acceptance for a period of ________ days from the date fixed for
opening the same and in default thereof, I/We will be liable for forfeiture of my/our
“Earnest Money”. I/We offer to do the work for _______ Railway, at the rates quoted
in the attached schedule and hereby bind myself/ourselves to complete the work in
all respects within ____________ months from the date of issue of letter of
acceptance of the tender.
2. I/We also hereby agree to abide by the Indian Railways General Conditions Of
Contract 2014, 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,
Schedule of Rates with all correction slips up-to-date for the present contract.
3. A sum of Rs. ___________ is herewith forwarded as Earnest Money. Full value
of the earnest Money 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 execute the contract documents within seven days after receipt of
notice issued by the Railway that such documents are ready; and
(b) I/We do not commence the work within fifteen days after receipt of orders to
that effect.

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4. Until a formal agreement is prepared and executed, acceptance of this tender

shall constitute a binding contract between us subject to modifications, as may be
mutually agreed to between us and indicated in the letter of acceptance of my/our
offer for this work.

________________________
Signature of Witnesses :

(1) ___________________ ANNEXURE - I (Contd. …)

Signature of Tenderer(s)
E-TENDER FORM (Second Sheet)
1. Instructions To e-Tenders and Conditions Of e-Tender: The following
(2) ___________________
documents form part of Tender / Contract: Date ________________

(a) Tender forms – First Sheet and Second Sheet

(b) Special Conditions/Specifications (enclosed) Address of the Tenderer(s)
(c) Schedule of approximate quantities (enclosed) ______________________
(d) General Conditions of Contract and Standard Specifications for Materials and
______________________
Works of Indian Railway as amended/corrected upto latest Correction Slips,
______________________
copies of which can be seen in the office of ______________ or obtained from
the office of the Chief Engineer, ____________ Railway on payment of
(2) ___________________
prescribed charges.
(e) Schedule of Rates as amended / corrected upto latest Correction Slips, copies
of which can be seen in the office of ________________ or obtained from the
office of the Chief Engineer, ________________ Railway on payment of
prescribed charges.
(f) All general and detailed drawings pertaining to this work which will be issued
by the Engineer or his representatives (from time to time) with all changes and
modifications.
2. Drawings for the Work: The Drawing for the work can be seen in the office
of the _________ and / or Chief Engineer, ____________ Railway at any time during
the office hours. The drawings are only for the guidance of Tenderer(s). Detailed
working drawings (if required) based generally on the drawing mentioned above, will
be given by the Engineer or his representative from time to time.
3. The Tenderer(s) shall quote his / their rates as a percentage above or below
the Schedule of Rates of ____________ Railway as applicable to ____________
Division except where he/they are required to quote item rates and must tender for
all the items shown in the Schedule of approximate quantities attached. The
quantities shown in the attached Schedule are given as a guide and are approximate
only and are subject to variation according to the needs of the Railway. The Railway
does not guarantee work under each item of the Schedule.

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4. Tenders containing erasures and / or alterations of tender documents are liable

to be rejected. Any correction made by tender(s) in his/their entries must be
attested by him / them.
5. The works are required to be completed within a period of one year from the
date of commencement of work.

6. Earnest Money:
(a) The payment towards a sum of Rs. 5,900/- as tender document cost and Rs.
1, 80, 650.00 as earnest money etc. to be made online through multiple bank's net
banking, debit and credit cards in favour of PFA/ECoR/BBS.
(b) The Tenderer(s) shall keep the offer open for a minimum period of 60 days
from the date of opening of the Tender. It is understood that the tender documents
have been sold/issued to the Tenderer(s) and the Tenderer(s), is / are permitted to
tender in consideration of the stipulation on his / their part that after submitting his /
their tender subject to the period being extended further, if required by mutual
agreement from time to time, he will not resile from his offer or modify the terms
and conditions thereof in a manner not acceptable to the Chief Electrical
Engineer/Dy.Chief Electrical Engineer/Divisional Electrical Engineer(TR) of East Coast
Railway, Should the tenderer fail to observe or comply with the foregoing stipulation,
the amount deposited as Earnest Money for the due performance of the above
stipulation, shall be forfeited to the Railway.
(c) If the tender is accepted, the amount of Earnest Money will be retained and
adjusted as Security Deposit for the due and faithful fulfillment of the contract. This
amount of Security Deposit shall be forfeited, if the Tenderer(s)/Contractor(s) fail to
execute the Agreement Bond within 7 days after receipt of notice issued by Railway
that such documents are ready or to commence the work within 30 days after receipt
of the order to that effect.
(d) Earnest Money of the unsuccessful tenderer(s) will, save as here-in-before
provided, be returned to the unsuccessful tenderer(s) within a reasonable time, but
the Railway shall not be responsible for any loss or depreciation that may happen to
the Security for the due performance of the stipulation to keep the offer open for the
period specified in the tender documents or to the Earnest Money while in their
possession nor be liable to pay interest thereon.
7.0 Performance Guarantee (PG):

7.1 Performance guarantee at a rate of 10% of the contractual value shall be

deposited by the successful bidder. The successful bidder shall have to
submit a Performance Guarantee (PG) valuing 10% of the contractual value in
four separate parts of 2.5% each of the contract value, within 30 (thirty) days
from the date of issue of Letter of Acceptance (LOA). Extension of time for

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submission of PG beyond 30 (thirty) days and upto the date of submission of

PG 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 15%
per annum shall be charged for the delay beyond 30 (thirty days, i.e. from
31st day after the date of issue of LOA. In case the contractor fails to submit
the requisite PG after 60 days from the date of issue of LOA, a notice shall be
served to the contractor to deposit the PG immediately however not exceeding
90 days from the date of issue of LOA).

In case the contractor fails to submit the requisite PG even after

90 days from the date of issue of LOA, the contract shall be terminated duly
forfeiting EMD and other dues, if any payable against that contract. The failed
contractor shall be debarred from participating in re- tender for that work. In
case 60th day is a bank holiday or office closure next working day should be
considered as the last day for submission of the PGs. Decision of Authority
competent to sign the Contract Agreement would be final in case of any
dispute.

7.2 The value of PG to be submitted by the, contractor will not change for variation
up to 25% (either increase or decrease). In case during the course of
execution, value of the contract increases by more than 25% of the original
contract value, an additional Performance Guarantee amounting to 10%
(ten percent) for the excess value over the original contract value shall
be deposited in four equal parts by the contractor. On the other hand, if
the value of Contract decreases by more than 25% of the original contract
value, Performance guarantee amounting to 10% of the decrease in the
contract value shall be returned to contractor. The PG amount in excess of
required PG for decreased contract value, available with railways shall be
returned to the contractor duly safeguarding the interest of Railways.

7.3 The applicable Performance Guarantee shall be calculated as per the

revised value of the contract covering all variations upto the determination
of the contract.
7.4 If the penalty imposed exceeds 50% of the applicable maximum penalty (as
per the revised value of the contract), a PG equivalent to 25% of the
applicable PG shall be forfeited. If the penalty imposed exceeds 75% of the
applicable maximum penalty, a PG equivalent to 50% of the applicable PG
shall be forfeited. The PGs shall be encashed after the completion of the
contract.
7.5 The successful bidder shall submit the Performance Guarantees (PG) in any of
the following forms, amounting to 10% of the contract value

(a) A deposit of cash;

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(b) Irrevocable Bank Guarantee

(c) Government Securities including State Loan Bonds at 5% below the

market value;

(d) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds.
These forms of Performance Guarantee could be either of the State
Bank of India or of any of the Nationalized Banks;

(e) Guarantee Bonds executed or Deposits Receipts tendered by all

Scheduled Banks;

(f) A Deposit in the Post Office Saving Bank;

(g) A Deposit in the National Savings Certificates;

(h) Twelve years National Defence Certificates;

(i) Ten years Defence Deposits;

G) National Defence Bonds and

(k) Unit Trust Certificates at 5% below market value or at the face value
whichever is less.

Also, FDR in favour of PFA/East Coast Railway, Bhubaneswar (free from

any encumbrance) may also be accepted.

Note - The instruments as listed above will also be acceptable for Guarantees
in case of Mobilization Advance.

7.6 The Performance Guarantees shall be submitted by the successful bidder

after the Letter of Acceptance (LOA) has been issued, but before
signing of the contract agreement. These PGs shall be initially valid
up to the stipulated date of completion and maintenance period, if
any plus 60 days beyond that. In case, the time for completion
of service gets extended, the contractor shall get the validity of
PGs extended to cover such extended time for completion and
maintenance period, if any of service plus 60 days.

7.7 The Performa nee Guarantees (PGs) shall be released after physical
completion of the work/ service delivery based on 'Completion Certificate'
issued by the competent authority stating that the contractor has completed
the assigned services in all respects satisfactorily and passing of final
bill based on "No Claims Certificate" from the contractor. In case any
contract provides for warranty/ maintenance clause then 25% of the
Performance Guarantee would be retained till the warranty/ maintenance
period is over and a certificate to that effect is issued by the Manager.

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7.8 Whenever the contract is rescinded, the Performance Guarantees shall be

encashed/ forfeited. The balance work or services for the same shall
be got done independently without risk & cost of the failed contractor.
The failed contractor shall be debarred for a period of 2 years from the date
of such rescindment from participating in the bid which includes delivery
of balance services of failed contract. If the failed contractor is a
Partnership firm, then every member/ partner of such a firm shall be
debarred for a period of 2 years from the date of such rescindment from
participating in the bid which includes delivery of balance services of failed
contract in his/her individual capacity.

7.9 The Manager 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:-

(a) Failure by the contractor to extend the validity of the Performance

Guarantee as described herein above, in which event the Manager may
claim the full amount of the Performance Guarantee.

(b) 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 Manager.

(c) The Contract being determined or rescinded under provision of the GCC,
the Performance Guarantee shall be forfeited in full and shall be
absolutely at the disposal of the President of India.

8. Rights of the Railway to Deal With Tender: The authority for the
acceptance of the tender will rest with the Railway. It shall not be obligatory on the
said authority to accept the lowest tender or any other tender and no tenderer(s)
shall 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.
9. 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.
10. If the tenderer(s) expires after the submission of his / their tender or after the
acceptance of his their tender, the Railway shall deem such tender cancelled. If a
partner of a firm expires after the submission of their tender or after the acceptance
of their tender, the Railway shall deem such tender as cancelled, unless the firm
retains its character.
11. Income Tax Clearance Certificate: The tenderer(s) is/are required to
produce along with his/their tender an authorized copy of the Income Tax Clearance

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certificate or a sworn affidavit duly countersigned by the Income Tax Officer to the
effect that he has/they have no taxable income.
12. Tenderer’s Credentials: Documents testifying tenderer’s previous experience
and financial status should be produced along with the tender or when desired by
competent authority of the Railway.
Tenderer(s) who has / have not carried out any work so far on East Coast Railway
and who is / are not borne on the approved list of the Contractors of East Coast
Railway should submit along with his / their tender credentials to establish :
(i) His capacity to carry out the works satisfactorily.
(ii) His financial status supported by Bank reference and other documents.
(iii) Certificates duly attested and testimonials regarding contracting
experience for the type of job for which tender is invited with list of works
carried out in the past.
13. Divl. Electrical Engineer(TRD) acting for and on behalf of The President of India
invites E-Tenders against Tender No 05-SBP-TRD-OT-2018-19, closing date
13.11.2018 13:30. Bidders will be able to submit their original/revised bids upto
closing date and time only. Manual offers are not allowed against this tender, and
any such manual offer received shall be ignored.
14. Non-compliance with any of the conditions set forth therein above is liable to
result in the tender being rejected.
15. Execution Of Contract Documents: The successful Tenderer(s) shall be
required to execute an agreement with the President of India acting through the
DEE/TRD/SBP, East Coast Railway for carrying out the work according to General
Conditions of Contract, Special Conditions / Specifications annexed to the tender and
Specification for work and materials of Railway as amended/corrected upto latest
Correction Slips, mentioned in tender form (First Sheet).
16. Partnership Deeds, Power Of Attorney Etc. : The tenderer shall clearly
specify whether the tender is submitted on his own or on behalf of a partnership
concern. If the tender is submitted on behalf of a partnership concern, he should
submit the certified copy of partnership deed along with the tender and authorization
to sign the tender documents on behalf of partnership firm. If these documents are
not enclosed along with tender documents, the tender will be treated as having been
submitted by individual signing the tender documents. The Railway will not be bound
by any power of attorney granted by the tenderer or by changes in the composition
of the firm made subsequent to the execution of the contract. It may, however,
recognize such power of attorney and changes after obtaining proper legal advice,
the cost of which will be chargeable to the contractor.
17. The tenderer whether sole proprietor, a limited company or a partnership firm
if they want to act through agent or individual partner(s) should submit along with

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the tender or at a later stage, a 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 authorising him/them to
submit the tender, sign the agreement, receive money, witness measurements, sign
measurement books, compromise, settle, relinquish any claim(s) preferred by the
firm and sign "No Claim Certificate" and refer all or any disputes to arbitration.
18. Employment/Partnership Etc. Of Retired Railway Employees :
(a) Should a tenderer be a retired engineer of the Gazetted rank or any other
Gazetted officer working before his retirement, whether in the executive or
administrative capacity or whether holding a pensionable post or not, in the
Engineering or any other department of any of the railways owned and administered
by the President of India for the time being, or should a tenderer being partnership
firm have as one of its partners a retired engineer or retired Gazetted Officer as
aforesaid, or should a tenderer being an incorporated company have any such retired
engineer or retired officer as one of its Directors or should a tenderer have in his
employment any retired Engineer or retired Gazetted Officer as aforesaid, the full
information as to the date of retirement of such Engineer or Gazetted Officer from
the said service and in case where such Engineer or Officer had not retired from
Government service at least 2 years prior to the date of submission of the tender as
to whether permission for taking such contract, or if the contractor be a partnership
firm or an incorporated company, to become a partner or Director as the case may
be, or to take the employment under the contractor, has been obtained by the
tenderer or the Engineer or Officer, as the case may be from the President of India or
any officer, duly authorised by him in this behalf, shall be clearly stated in writing at
the time of submitting the tender. Tenders without the information above referred to
or a statement to the effect that no such retired Engineer or retired Gazetted Officer
is so associated with the tenderer, as the case may be, shall be rejected.
(b) Should a tenderer or contractor being an individual on the list of approved
Contractors, have a relative(s) or in the case of partnership firm or company of
contractors one or more of his shareholder(s) or a relative(s) of the shareholder(s)
employed in gazetted capacity in the Engineering or any other department of the
East Coast Railway, the authority inviting tenders shall be informed of the fact at the
time of submission of tender, failing which the tender may be disqualified/rejected or
if such fact subsequently comes to light, the contract may be rescinded in accordance
with the provision in Clause 62 of the General Conditions of Contract.
(Signature)
(Designation)
_____________ Railway
Signature of Tenderer(s)

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Date _______________
FORM-3
CREDENTIALS OF TENDERER
Name of the Contractor:
Office address:

Works address:

Tele phone No (I) Office(DOT): Mobile:-

(II) Residence(DOT):
Contractor’s registration with particulars:
(Railway, SSI, NSIC)
Annual turnover:
(a) Partner/ Director:

(b) No. of Supervisors

(Including qualified technicians & Engineers).
(c) No. of staff

Any other information if you consider necessary

Signature of contractor
& Official seal with name

20.0 MODIFICATION TO CLAUSE 63 & 64 OF GENERAL CONDITIONS OF

CONTRACT

20.1 The Provision of Clause 63 and 64 of the General Conditions of Contract will be
applicable only for settlement of claims/disputes, for values less than or equal
to 20% of the original value (excluding the cost of materials supplied free by
Railway) of the contract or 20% of the actual value of work done (excluding
the value of the work rejected) under the contact, whichever is less. When
claims/disputes are of value more than 20% of the value of original contract or
20% of the value of actual work done under the contract, whichever is less,
the contractor will not be entitled to seek such disputes/claims for reference to
arbitration and the provisions of Clause No. 63 & 64 of the General Conditions
of Contract will not be applicable for referring the disputes to be settled
through arbitration.

20.2 The Contractor shall furnish his monthly statement of claims as per Clause
43(1) of General Conditions of Contract. But the Contractor should seek
reference to arbitration to settle the disputes only once, subject to the
conditions as per para above.

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20.3 These Special Conditions shall prevail over the existing Clause 63 & 64 of
General Conditions of Contract.

21.0 Addendum & Corrigendum Slip (ACS) no. 1 to GCC, July-2014:

Amendment in para 5(2) of part – I of GCC and clause 65.5 to GCC vide
Rly.Bd.Lr.No.2013/CE-I/CT/O/45/JV Dt :22-09-2014.

CLAUSE 65. Participation of Joint Venture (JV) Firms in works tender

CLAUSE 65.5. The joint venture firm shall be required to submit Earnest
Money Deposit (EMD) along with the tender in terms of the provisions
contained in para.5(Earnest Money)of Part-I of GCC.

*****

Divisional Electrical Engineer (TRD)

E. Co. Railway/ Sambalpur
For and on behalf of President of India.

PART-I
REGULATIONS FOR e-TENDERS AND CONTRACTS
FOR THE GUIDANCE OF ENGINEERS & CONTRACTORS FOR WORKS
CONTRACTS & SERVICE CONTRACTS
MEANING OF TERMS
1.1 Interpretation : These Regulations for e-Tenders and Contracts shall be read
in conjunction with the General Conditions of Contract which are referred to herein
and shall be subject to modifications additions or suppression by special conditions of
contract and/or special specifications, if any, annexed to the Tender Forms.

1.2 Definition : In these Regulations for Tenders and Contracts the following
terms shall have the meanings assigned hereunder except where the context
otherwise requires.
(a) “Railway” shall mean the President of the Republic of India or the
Administrative Officers of the Successor Railway authorized to deal with any
matters, which these presents are concerned on his behalf.

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

superintendence and control of the Zonal Railway/Production Units and shall
also include the General Manager (Construction) and shall mean and include
their successors, of the Successor Railway.
(c) “Chief Engineer” shall mean the Officer in charge of the Engineering
Department of East Central Railway and shall also include the Chief Engineer
(Construction), Chief Electrical Engineer, Chief Electrical Engineer
(Construction), Chief Signal & Telecom Engineer, Chief Signal & Telecom
Engineer (Construction) and shall mean and include their successors of the
Successor Railway.
(d) “Divisional Railway Manager” shall mean the Officer in charge of a Division of
the Zonal Railway and shall mean and include the Divisional Railway Manager
of the Successor Railway.
(e) “Engineer” shall mean the Divisional Engineer or the Executive Engineer,
Divisional Signal & Telecommunication Engineer, Divisional Signal &
Telecommunication Engineer (Construction), Divisional Electrical Engineer and
Divisional Electrical Engineer (Construction), in executive charge of the works
and shall include the superior officers of the Engineering, Signal &
Telecommunication, and Electrical Departments of Railway, i.e. the Senior
Divisional Engineer/Deputy Chief Engineer/Chief Engineer/Chief
Engineer(Construction),Senior Divisional Signal & Telecommunication Engineer
/ Dy.Chief Signal & Telecommunication Engineer / Dy. Chief Signal &
Telecommunication Engineer(Construction), Senior Divisional Electrical
Engineer / Deputy Chief Electrical Engineer / Dy.Chief Electrical Engineer
(Construction) / and shall mean and include the Engineers of the Successors
Railway.
(f) “Tenderer” shall mean the person / the firm / co-operative or company
whether incorporated or not who tenders for the works with a view to execute
the works on contract with the Railway and shall include their personal
representatives, successors and permitted assigns.
(g) “Limited Tenders” shall mean tenders invited from all or some Contractors on
the approved or select list of Contractors with the Railway.
(h) “Open Tenders” shall mean the tenders invited in open and public manner and
with adequate notice.
(i) “Works” shall mean the works contemplated in the drawings and schedules set
forth in the tender forms and required to be executed according to the
specifications.
(j) “Specifications” shall mean the specifications for Materials and works of the
Railway as specified in Part-III of the Works Hand Book issued under the
authority of the Chief Engineer or as amplified, added to or superseded by
special specifications if any, appended to the Tender Forms.
(k) “Schedule of Rates of the Railway” shall mean the Schedule of Rates issued
under the authority of the Chief Engineer from time to time.

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(l) “Drawings” shall mean the maps, drawings, plans and tracings or prints
thereof annexed to the Tender Forms.

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

CREDENTIALS OF CONTRACTORS

2. Application For Registration:

2.1 Works of construction and of supply of material shall be entrusted for

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

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

2.3 The selection of contractors for enlistment in the approved list would be done
by a committee for different value slabs as notified by Railway.

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2.4 An annual fee as prescribed by the Railway from time to time would be
charged from such approved contractors to cover the cost of sending notices to them
and clerkage for tenders etc.

2.5 The list of approved contractors would be treated as confidential office record.
TENDERS FOR WORKS
3. Tender Form: Tender Forms shall embody the contents of the contract
documents either directly or by reference and shall be as per specimen form,
Annexure-I. Tender Forms shall be issued on payment of the prescribed fee to the
appropriate contractors on the list of approved contractors. Contractors not on the
list of approved contractors, will on payment of the prescribed fees, be furnished with
tender forms and they shall be required to submit evidence regarding their financial
status, previous experience and ability to execute the works.

4. Omissions & Discrepancies: Should a tenderer find discrepancies in or

omissions from the drawings or any of the Tender Forms or should he be in doubt as
to their meaning, he should at once notify the authority inviting tenders who may
send a written instruction to all tenders. It shall be understood that every endeavour
has been made to avoid any error which can materially affect the basis of tender and
successful tenderer shall take upon himself and provide for the risk of any error
which may subsequently be discovered and shall make no subsequent claim on
account thereof.

5. Earnest Money:
(1) (a) The payment towards tender document cost, earnest money etc. can be
made online through multiple bank's netbanking, debit and credit cards.
The earnest money shall be as under :
Value Of The Work Earnest Money Deposit (EMD)
A. For works estimated 2% of the estimated cost of the work
to cost up to Rs. 1
crore
B. For works estimated Rs. 2 lakh plus ½% (half percent) of
to cost more than the excess of the estimated cost of
Rs. 1 crore work beyond Rs.1 crore subject to a
maximum of Rs. 1 crore
The earnest money shall be rounded to the nearest Rs.10. This earnest money
shall be applicable for all modes of tendering.
(b) It shall be understood that the tenderer will be able to submit their
original/revised bids in e-tender through in the website ireps.gov.in. 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 earnest money mentioned in sub clause (a) above
will be retained as part security for the due and faithful fulfillment of the

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contract in terms of Clause 16 of the General Conditions of Contract. The

Earnest Money of other Tenderers shall, save as herein before provided, be
returned to them, but the Railway shall not be responsible for any loss or
depreciation that may happen thereto while in their possession, nor be liable to
pay interest thereon.
(2) (a) The payment towards tender document cost, earnest money etc. can be
made online through multiple bank's netbanking, debit and credit cards.
6. Care In Submission Of Tenders :
(a) Before submitting their original/revised bids in e-tender through in the website
ireps.gov.in., the tenderer will be deemed to have satisfied himself by actual
inspection of the site and locality of the works, that all conditions liable to be
encountered during the execution of the works are taken into account and that the
rates he enters in the tender forms are adequate and all inclusive to accord with the
provisions in Clause-37 of the General Conditions of Contract for the completion of
works to the entire satisfaction of the Engineer.
(b) When work is tendered for by a firm or company of contractors, the tender
shall be signed by the individual legally authorized to enter into commitments on
their behalf.
(c) The Railway will not be bound by any power of attorney granted by the
tenderer or by changes in the composition of the firm made subsequent to the
execution of the contract. It may, however, recognize such power of attorney and
changes after obtaining proper legal advice, the cost of which will be chargeable to
the contractor.
CONSIDERATION OF TENDERS

7. Right Of Railway To Deal With Tenders : The Railway reserves the right of
not to invite tenders for any of Railway work or works or to invite open or limited
tenders and when tenders are called to accept a tender in whole or in part or reject
any tender or all tenders without assigning reasons for any such action.
7A. Two Packets System of Tendering : The procedure detailed below shall
be adopted for dealing with ‘Two Pockets System’ of Tendering :
7A.1 With a view to assess the tenders technically without being influenced by the
financial bids, 'Two Packets System of tendering' shall be adopted. In this
system, the tenderers shall submit their original/revised bids in e-tender
through in the website ireps. gov. in.; with uploading the Technical &
Commercial offers and the other cover containing the Financial Bids. The first
packet shall be with the objective of scrutinizing the capability, possession of
appropriate machinery & equipments, financial strength, experience etc. of the
tenderers.
7A.2 The technical details and commercial conditions shall be read out before the
tenderers or their representatives at the time of opening of tenders and the
same shall be evaluated by the Tender Committee. If the offers are found
acceptable by the competent authority (as prescribed by Railway Board from
time to time for the estimated value of tender invited), the second packet shall
be opened and the tenders shall be processed for finalization in the normal

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manner.
7A.3 However, if on the basis of information contained in the first packet, the
Tender Committee needs clarification regarding designs, specifications etc.;
discussions shall be held with each individual party/ tenderer after obtaining
approval of the Competent Authority.
7A.4 'Two Packets System' of tendering shall be resorted to for techno-commercial
consideration in Works Contract Tenders of values as communicated by
Railway Board from time to time on the subject.
{Authority : Railway Board's letter no. 94/CE-I/CT/4 Pt.17, New Delhi, Dated
13.08.2012}
CONTRACT DOCUMENTS

8. Execution of Contract Document : The Tenderer whose tender is accepted

shall be required to appear in person at the office of General Manager/General
Manager (Construction), Chief Administrative Officer (Construction), Divisional
Railway Manager or concerned Engineer, as the case may be, or if a firm or
corporation, a duly authorized representative shall so appear and execute the
contract documents within 7 days after notice that the contract has been awarded to
him. Failure to do so shall constitute a breach of the agreement affected by the
acceptance of the tender in which case the full value of the earnest money
accompanying the tender shall stand forfeited without prejudice to any other rights
or remedies.
In the event of any tenderer whose tender is accepted shall refuse to execute
the contract document as here in before provided, the Railway may determine that
such tenderer has abandoned the contract and there upon his tender and acceptance
thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the
full amount of the Earnest Money and to recover the damages for such default.

9. Form Of Contract Document: Every contract shall be complete in respect of

the document it shall so constitute. Not less than 2 copies of the contract document
shall be signed by the competent authority and the contractor and one copy given to
the contractor.
(a) For Zone contracts, awarded on the basis of the percentage above or below
the Schedule of Rates of Railway for the whole or part of financial year, the contract
agreement required to be executed by the tenderer whose tender is accepted shall be
as per specimen form, Annexure-II. During the currency of the Zone Contract, work
orders as per specimen form Annexure-III or IV, for works not exceeding
Rs.2,00,000 each, shall be issued by the Divisional Railway Manager / Executive
Engineer under the agreement for Zone Contract.
(b) For contracts for specific works, valued at more than Rs.2,00,000 the contract
document required to be executed by the tenderer whose tender is accepted shall be
either an Agreement as per specimen form Annexure-IV, or a work order as per
specimen form Annexure-V as may be prescribed by the Railway.

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PART II
STANDARD GENERAL CONDITIONS OF CONTRACT
FOR USE IN CONNECTION WITH WORKS & SERVICE CONTRACTS
DEFINITIONS AND INTERPRETATION

Tender Papers
Instructions to tenderers, conditions of tendering, the conditions of contract, prices
& payments, specifications and forms for tender included herein shall be read as
part of the tender. These are, hereafter, collectively referred to as `tender papers'.
The tender paper relates to: Outsourcing of OHE maintenance Activities in
SBP-JSG section, including sidings for one year period.
The intending tenderer is advised to study the tender papers carefully and also
acquaint himself with the nature of work and the matters pertaining thereto.
Submission of tender shall be deemed to have done after careful study and
examination of tender papers with full understanding of implications thereof.
Recommendations of SAG level committee for examining the Labour
Component Issues of Minimum Wage Guidelines and its Implementation in
Works Contract as per letter no: ECoR/GA/Minimum Wage Guidelines/925;
dtd04.03.2013 & ECoR/GA/Minimum Wage Guidelines/925; dtd30.01.20..
Srl Para No.
no.
4.1 In all works where more than 20 labours are required to be employed for
carrying out the works as per contract conditions the contractor must submit a
valid Labour License for engagement of labourers in the works specific to the
contracted work prior to the commencement of work/physical engagement of
labourers. In case the contractor does not possess a valid labour license, he
has labour license for the specific work before commencement of the works.
But the first On Account Bill should be passed only after submission of the
Labour License.
4.2 The contractor should be asked to deposit the full SD amount before
commencement of the works. No deductions towards SD need to be made
from running bills. If at any stage of the contract period, it is established that
the contractor has not paid minimim wages to the labourers, Railway should
ensure payment of Minimum Wages to the labourers out of the SD amount so
spent from the SD within 10 days failing which the same amount should be
recovered from the running bills/ amount payble to the contractor and
credited to the SD.
4.3 Copy of all Letters of Acceptance should be marked to the local Assistant
Labour Commissioners
4.4 The Railway’s Supervisors who directly supervise the work should play a
protective role and counsel the labourers regarding Minimum Wages
4.5 The labourers should be informed that if they do not receive the wages as per
the prevailing minimim wages, they should bring this to the notice of the
Railway officials within 15 days of the last wage period so that Railway can
take action to redress their grievance.
4.6 Notice boards/posters should be displayed by the contractor at the work

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spot/area earmarked for the same by Railway, prominently displaying the

statutory rate of minimum wages.

4.7 The works tender including tenders exclusively specifying the engagement of
labourers (unskilled/semi-skilled/skilled need to provide certain clauses in
S.C.C to provide social security measures and the extant laws on Labour are
to be adhered to. The clauses which are suggested to the incorporated apart
from G.C.C provisions as S.C.C are as follows:.

4.7 The contractor will adhere to the laid down provision under
(a) i) Payment of wages Act,1936 (amended version)
ii) Minimum Wages Act,1948 (amended version) & notifications of
Ministry of Labour dtd:16th March 2012 (as and when revised)
iii) EPF & Misc provisions Act,1952
iv) ESI Act,1948 (applicable to establishment/factories)
v) Contract Labour (Regulation & Abolition) Act,1970 & Contract labour
(Regulation & Abolition) central Rules,1971
4.7 In all works contracts for payment of wages, the wage period is to be not less
(b) than a week and normally taken as one month and the contracotr shall be
duty bound to pay the wages before 7th of subsequent month
4.7 The contractor should arrange the wages payment through the Bank Account
(c) of the labourers and a statement is to be submitted from the manager of the
contractor’s Bank that credit/remittance has been successfully made to
employee/labourers Account by EFT/RTGS for each wage period and part
thereof. This statement is to be checked by Railway’s authorised
representative and can be verified (test checked) from the concerned Bank
and pass books of the labourers of earlier such credit. While checking the
disbursal of wages, authoritsed representative will also see that minimum
wages as circulated by RLC (central) is not violated for each category i.e.
unskilled, semi-skilled, skilled/highly skilled. The Railway’s authorised
representative will maintain a register/folio for each such agreement showing
Agreement wise number of labourers (unskilled, semi-skilled, skilled/highly
skilled) employed and the rates of wages paid. The photocopy of this folio is to
be attached along with each on account bill/Final bill and on account payment
to contractor released accordingly by the contractor duly verified by Railway’s
authorised representative that wages have been paid to be passed. The
authorised representative to see that the revisions which are effected at six
montly intervals by ACC (central) (1st April & 1st October) are also getting
implemented and paid by the contractor/employer.

4.7 As regards social security measures i.e defined contribution of employer and
(d) employee towards Provident Fund as per Act and as applicable to certain
establishments under ESI such contribution is to be deposited by the
contractor for every wage poeriod or part thereof with EPF and ESI office
directly or through Bank Challan. While submitting the on account bills, the
proof of depositing the contribution with regard to EPF & ESI as applicable for
the pervisous wages periods is to be furnished by the contractor and seen by
bill passing officials.

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4.8 As and when the minimum wages (Wages+DA) is revised, the increae in the
Minimum Wages should be reimbursed to the contractor on submission of
documents regarding such revision notification and proof of payment to the
labourers at revised rate. In view of this, no separate PVC clause should be
provided in the service contracts where the number of labourers to be
engaged is specified.
4.9 As regards the offers recieved in service contracts where the number of
labourers to be engaged is specified, the value should normally be higher than
minimum wages for each category of labour i.e. unskilled, semi-skilled, skilled
& skilled. However the Tender Committee & Tender Accepting Authority has to
examine the un-workability and also to see if the New firm is trying to gain a
foothold by incurring losses. This aspect is to be dealt by TC to avoid
unusually low/impracticable rates being accepted. The role and responsibility
of Tender Committee and Accepting Authority is well defined and the
reasonability and workability of rates needs to be fully examined by the TC.
The Committee is of the opinin that no further instructions need to be issued
for the guidance of the Tender Committee in this regard.
4.10 All the executives (Sr.Scale/JA grade Officers) handling the Contracts should
get themselves registered as Principal Employers.
Note: For further explanations if any clarification, please refer to latest version
“Standard General Conditions of Contract” of July 2014, and General Conditions of
Contract for Services of Jan-2018 issued by Indian Railways.

ANNEXURE – B
PROFORMA FOR PERFORMANCE STATEMENT
(for a period of last 3 years)
Tender No: 05-SBP-TRD-OT-2018-19 Dated: 23.10.2018
Date of opening :
Name of Firm: ______________________________________

Sl. Order Order Value Date of Remarks Has the works been
No placed by No. & of completio indicating satisfactorily
(full Date order n reasons completed and any
address of As per for late adverse comments
purchaser) Actual completion from order placing
contract , if any. authority.

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NOTE : Tenderer may use bigger sheet if required or may use additional
sheets. They should give information for Railway works specifically.

Signature of contractor & Official seal with name

DECLARATION OF BANK ACCOUNT

Mandatory Declaration
(To be filled by the contractor. These form to be a part of the contract
agreement)

I declare M/s __________________________________________ that all

payment made in this contract if awarded through ECS/EFT to my Bank Account
details given below.

1) Bank Account No:_____________________________________

2) Bank Name:_________________________________________

3) Branch Name:________________________________________

4) Address:____________________________________________

5) Branch Code:________________________________________

6) Certificate issued by the bankers regarding correctness of above details.

Divisional Electrical Engineer (TRD)

East Coast Railway/ Sambalpur Road
(For and on behalf of President of India)

BANK GUARANTEE FOR CONTRACT PERFORMANCE

Ref:……………………………………… Bank Guarantee No.:……………………

Date:………………………
To
THE DIVISIONAL ELECTRICAL ENGINEER (TR-D)
E. Co. RAILWAY, Sambalpur
Dear Sir,

1. In consideration of the President of India acting through the Financial advisor and
Chief Accounts Officer/E.Co.Rly, Bhubaneswar (hereinafter called “the
Government”) having agreed to exempt
………………………………………………………………………………………………………………….(hereinafter
called “the said contractor(s)” from the demand, under the terms and conditions of
Acceptance Letter No:

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………………………………………………………………………………………………………….made between the

Principal Financial Advisor, East Coast Railway, Bhubaneswar and
…………………………………………………………………………………………………………
…………………………………………………………………………………………………………
………..(hereinafter called “the said Agreement”), of Performance Guarantee for the
due fulfillment by the said Contractor(s) of the terms and conditions contained in
the said Agreement on production of an irrevocable Bank Guarantee for Rs.
…………………………………………………………………………………………………………
…………………….
We…………………………………………………………………………………………………………
………… (here-in-after called “the Bank”) at the request of
…………………………………………………………………………………………………………
……………………………………………. do hereby undertake to pay to the Government
an amount not exceeding Rs.
…………………………………………………………………………………………………………
…………………………..against any loss or damage caused to or suffered or would be
caused to or-suffered by the government by reasons of any breach by the said
Contractor(s) of any of the terms or conditions contained in the said Agreement
with regard to performance.

2. We ……………………………….., ……………………………………………………………………………………
do hereby undertake to pay the amounts due and payable under this a 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 said Contractor(s) of
any of the terms or conditions contained in the said Agreement or by reason of the
Contractor(s) failure to perform the said Agreement. Any such demand 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.
…………………………………………………………………………………………………………
…………………
3. We………………………………………………………………………………………………………
……………………………….. undertake to pay to the Government any money so
demanded not withstanding any dispute or disputes raised by the
contractor(s)/supplier(s) in any suit or proceeding before any Court of tribunal
relating thereto our liability under this present being absolute and unequivocal. The
payment so made by us under this bond shall be a valid discharge of our liability for
payment there under and the contractor(s)/Supplier(s) shall have no claim against
us for making such payment.
4. We………………………………………………………………………………………………………
……………………. further agree that the guarantee herein contained shall remain in
full force and effect during the period that would be taken for the performance of
the said Agreement and that it shall continue to be enforceable till all the dues of
the Government under or by virtue of the said Agreement have been fully paid and
its claims satisfied or discharged or till Principal Financial Advisor, East Coast
Railway, Bhubaneswar certified that the terms and conditions of the said
Agreement have been fully and properly carried out by the said Contractor(s) and
accordingly discharge the guarantee. Unless a demand or claim under this

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guarantee is made on us in writing on or before the …………………………………,we

shall be discharged from all liability under this guarantee thereafter.
5. We………………………………………………………………………………………………………
……………………………further agree with the Government shall have the fullest
liberty without oru consent and without affecting in any manner our obligations
hereunder to vary any of the terms and conditions of the said Agreement or to
extend time of performance by the said Contractor(s) from time to time or to
postpone for any time or from time to time any of the powers exercisable by the
Government against the said Contractor(s) and to for bear or enforce any of the
terms and conditions relating the said agreement and we shall not be relieved from
our liability by reason of any such variation or extension being granted to the said
Contractor(s) or for any forbearance act or omission on the part of the Government
or any indulgence by the Government to the said Contractor(s) or any such mater
or thing whatsoever which under the law relating to sureties would but for this
provision have effect of so relieving us.
6. Since our branch is situated outside the geographical jurisdictions of East Coast
Railway, our local branch Address
………………………………………………………………………………………………………………………………………
……………………………………… and operating within the geographical jurisdiction of E. Co.
Railway is hereby authorized to endorse the irrevocable Bank Guarantee for
encashment as an when presented by the E.Co.Railway admn.
7. The period of validity of the above irrevocable performance Bank Guarantee shall
be as under:-
The above Performance Bank Guarantee shall be valid up to 60 days beyond the
date of completion, i.e. up to …………………………………..
8. We,……………………………………………………………………………………………………
………………………………….. lastly undertake not to revoke this guarantee during
its currency except with the previous consent of the Government in writing.

WITNESS:

Signature Signature
Name: Name:

Official Address: Designation with Bank Stamp

Attorney as per Power of Attorney
No.:

Date:

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Annexure

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Annexure-A

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