Additional Terms and Conditions required for Service Contracts through GeM for Hiring of

Vehicle Services

1.0 The Bidders/Tenderers have to compulsorily strictly adhere to following conditions:

(1) Tender Document (TD) cost: Tender Document (TD) cost is NIL

(2) Earnest Money Deposit: As per Railway board letter no. 2020/CE-I/CT/3E/ GCC/
Policy dated 30.12.2020, Bid Security Declaration In lieu of Bid Secuirty /Earnest
Money Deposit is allowed against this tender, the bidder has to mandatorily submit
the following declaration along with his offer: -

“
Bid Security Declaration
I/We, M/s ( Name of bidder) am/are aware that I/We have been exempted from
submission of Bid Security/ Earnest Money Deposit in lieu of this Bid Security
Declaration. I/We understand and accept that if I/we withdraw my /Our bid within
bid validity period or if awarded the tender and on being called upon to submit the
Performance Guarantee/ Performance Security fail to submit the same within the
stipulated time period mentioned in tender documents or on being called upon to
sign the contract agreement fail to sign the same within stipulated period mentioned
in tender documents, I/We i.e., the bidder shall be banned from submission of bids in
any Works/Service Tender issued by Indian Railways for a perid of 12 months from
the date of such banning done on e-platform IREPS.

SEAL AND SIGNATURE OF THE BIDDER

Place:
Dated:
“
Department of Expenditure has issued instructions not to insist on EMD. GeM has
enabled taking Bid Securing Declaration as per DoE OM. Please ensure compliance of
DoE OM 12.11.2020

(3) Performance Guarantee

3.1. The Performance Guarantee at a rate of 3% of the contractual value shall be

deposited by the successful bidder in the form of a Bank Guarantee within 30 (thirty)
days from the date of issue of Letter of Acceptance (LOA) in favour of FA &
CAO/Construction/Prayagraj, North Central Railway. Extension of time for submission of
PG beyond 30 (thirty) days and up to 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 31 st day after the date of issue of LOA. In case the contractor fails to
submit the requisite PG after 60 days from 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 60 th day is a bank holiday
or office closure next working day should be considered as the last day for submission of
the PG’s. Decision of Authority competent to sign the Contract Agreement would be final
in case of any dispute.

3.1.2 Performance Guarantee will be encashed, partly or fully, against breach of this
Contract or for recovery of liquidated damages as specified in GCC of Service Contract
2018. The Consultant shall recoup the Performance Guarantee within one month of any
encashment by the Railway.

3.1.3 The value of PG to be submitted by the, contractor will not change for variation
upto 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 10% of the decrease in the contract value shall
be returned to the 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.

3.1.4 The applicable Performance Guarantee shall be calculated as per the revised value
of the contract covering all variations up-to the determination of the contract.

3.1.5 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 applicable PG shall be forfeited. The PGs shall be encashed after
the completion of the contract.

3.1.6 The successful bidder shall submit the Performance Guarantee (PG) in any of the
following forms:

(a) A deposit of cash

(b) Irrecoverable Bank Guarantee.

(c) Government securities including State loans at 5% below the market value.

(d) Deposit receipt, pay orders, Demand Draft and guarantee bounds. These forms of
Performance guarantee could be either of the State Bank of India or any of the
nationalized bank.

(e) Guarantee bonds executed or deposits receipts tendered by all schedule banks,

(f) A deposit in the post office, Saving bank.

(g) A deposit in the national saving certificates.

(h) Twelve years national defence certificates

(i) Ten-year defence deposits.

(j) National defence bound and

(k) Unit Trust Certificate at 5% below market value or face value whichever is less. Also,
FDR in favour of FA & CAO/C/Prayagraj (Free from any encumbrance) may be accepted.

Note: The instrument as listed above will also be acceptable for Guarantees in case of
mobilization advance.

3.1.7 The Performance Guarantee shall be submitted by the successful bidder after the
letter of acceptance (LOA) has been issued, but before signing the contract agreement.
These PGs shall be initially valid up to the stipulated dated of completion and
maintenance period. If any plus 60 days beyond that. In case the time for completion of
service get 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.

3.1.8 The Performance Guarantee (PGs) shall be released after physical completion of
work/service delivery based on completion certificate issued by the competent
authority stating that the contractor has completed the assigned service in all respects
satisfactorily and passing of final bill based on “No claim certificate” from the contract.
In case any contract provides for warranty/maintenance clause than 25% of the
Performance guarantee would be retained till the warranty/maintenance period is over
and a certificate to that effect if issued by the manager.

3.1.9 Whenever the contact is rescinded, the Performance guarantee shall be

encashed/forfeited. The Balance work or service for the same shall be got done
independently without risk and cost of the failed contractor. The failed contractor shall
be debarred for a period of two year from the date of such rescindment from
participation in the bid which includes delivery of balance services of failed contact. If
the filed contractor is a partnership firm tan every member/partner of such a firm shall
be debarred for a period of two year from the date of such rescindment from
participating in the bid which includes delivery of balance services of failed contact in
his/her individual capacity.

3.1.10 The manager shall not make a claim under the performance guarantee except
for amount to which the president of India is entitled under the contract
(Notwithstanding and/or without prejudice to any other provision in the contract
agreement in the event of –

a. Failure by the contractor to extended the validity of Performance guarantee as

described herein above, in which event the manger 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 clause/conditions of the agreement
within 30 days of the service of the notice to this effect by manager.

c. The contract being determined or rescinded under provision of GCC of the

Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal
of the President of India.

2.0 POLICE VERIFICATION AND ISSUE OF PHOTO IDENTITY CARD for staff/driver
deployed in Railway premises: “Contractor(s) will deploy only those staff/drivers
for working for Railways, whose credentials have been duly verified by local Police
and issued with laminated/plastic photo identity cards (Format given further) by
the contractor(s) in advance. The identity card should contain their name, father’s
name, date of birth, permanent address, signature/thumb impression of concerned
staff, duly authenticated by the signature of the contractor(s) for faithful completion
of the work. A copy of such photo identity cards along with the list of such staff duly
verified by local Police will also be immediately submitted by the contractor(s) to
the engineer-in-charge. The staff of the contractor(s) whose police verification is not
reported to be satisfactory will not be permitted to work”.
 The contractor is bound to issue Identity card to his/their staff/driver employed by
him and deployed in Railway premises at his own cost. The contract staff/driver
should keep their identity cards with themselves at all times during working inside
railway premises.
 As soon as the contract work is over or a contract worker leaves, the contractor
must cancel the identity card.
 2.1 Format of Identity Cards:
Contractor has to issue the identity card to the driver(s) deputed by him indicating the
name and address and photograph and other details on the prescribed Performa as
under:
1. Name : To be affixed
2. Father’s name : Passport size,
3. Date of birth : recent colour
4. Marks of identification :
5. Present address : photograph
6. Permanent address :
7. Driving License :
8. Aadhaar No. (driver) :
9. Name of Contractor :
10. GSTIN of Contractor :
Signature of Contractor Signature of Driver

This Identity card shall be made on card sheet and properly laminated. The driver
should carry their identity card at all times.

2.2 The vehicle shall be utilized daily for 12 Hrs which could be during Day or Night
including holidays, festivals, national holidays etc as per the requirement of Officer in
charge. Further, the vehicle (with driver) can be called for duty (at any time during
Day/Night) in case of any Emergency/Breakdown/Urgency. No additional Night
Charges shall be payable by Railways for such above mentioned services. Bidders
should include such costs in their Bid/Offer.

2.3 Vehicle should be available for utilization on round the clock basis and should not be
used for other commercial purposes when not in use by Railways. Bidders should
include such costs in their Bid/Offer.

2.4 The contractor shall arrange drivers for working daily 12 Hrs and shall ensure that at
least one driver is available who can be called out any time in Emergency
case/Breakdown/Urgency. No extra hours shall be applicable for such breakdown/
Emergency/Urgency cases. Railway working usually involves emergency/urgent
movements. The bidder should quote their rates after including all the costs related to
vehicle running Outstation OR run during night hours. NO Outstation Night charges
shall be applicable.
2.5 Toll taxes & all other taxes are to be paid by contractor for any out-station trips. Vehicle
should be fitted with FASTAG. The rates quoted/offered/bid should include such costs.

3.0 PLACE OF WORK/SERVICE: Work shall be done for XEN C-II CNB both in and outside
Kanpur area. Vehicle movements shall usually be in, around and outside Kanpur area
including jurisdiction of North Central Railway Prayagraj, Lucknow, Jhansi, Hamirpur,
Banda and other nearby areas as per the requirement of Officer-in-charge.
For this purpose, vehicles should have permit for UP & MP. If the permit for both these
states is not available, then the tenderer at his own cost shall obtain the same. Vehicle
shall be called in Night shift OR Day Shift as and when required to go anywhere including
outside the North Central Railway Zone (in cases of emergent/urgent situation).

4.0 PAYMENT CLAUSE: Progressive Monthly payment shall be made to the contactor after
receiving contractor’s invoice and after deducting stipulated charges and various
penalties etc. if any (unsatisfactory work, late arrival/early departure of vehicle etc).
 However, during extension period (if any) after completion period, the payments and
deductions shall be made on pro-rata basis.

The Schedule of Rates for the work of Hiring of Vehicle for XEN C-II CNB are as follows: -

Item No Description Unit Rate (Rs) Qty Amount

NS-1 Hiring of Non-AC Month 31,081.00 12.00 3,72,972.00
multi- utility 4-
wheeler motor vehicle
in good working
condition with
commercial tax
registration including
contractor's driver,
fuel, crew and regular
maintenance etc. for
running up to 1600
Kms per month & 12
Hrs per day for the use
of XEN/C-II/CNB
NS-2 Extra for additional Kilometre 8.78 per Km 12,000.00 1,05,360.00
Km above 1600 Kms
      Total   4,78,332.00

The rates indicated in the above schedule are inclusive of all taxes like GST etc,so the
bidder should quote their rates on GeM accordingly including all such taxes like GST etc.

The rates quoted by the bidder on GeM will converted into percentage above/below the
tender cost and will be applicable/adjusted equally to each of above NS items for
payment purpose.
(a) If the vehicle run in a particular month is below 1600 km, only fixed payment
under NS1 item (adjusting for rates quoted by the firm) shall be payable. The
remaining kms will be adjusted to next month running Kms against NS 1 item for
fixed payment and if that adjusted running kilometers exceeds 1600 km, only
then payment under NS-2 item shall be payable to the firm.

Note: If the vehicle run in a particular month is 1200 km, then only fixed payment
under NS1 item after adjusting for rates quoted by the firm shall be payable and the
remaining 400 km will be adjusted to next month. However, if in the next month the
vehicle run is 2100 km, then total amount payable will be fixed payment under NS1
item for 1600 km+400 km (remaining kms of previous month) and the remaining
 only 100 km will be counted for variable payment under NS-2 item after adjusting
for rates quoted by the firm.

The Penalty will be applicable as per Standard Clause of GeM for this tender.

5.IMPORTANT INSTRUCTIONS TO TENDERER

5.1 The tenderer shall submit relevant papers such as registration of vehicle, insurance etc.
The vehicles to be deployed shall be in his own name/firm’s name or power of attorney for
deploying the vehicles in Railways for the period of contract, shall be enclosed for the
number of vehicles to be provided as per tender. The vehicle should be registered as a
commercial vehicle and should fulfill norms pertaining to a commercial vehicle. It will be
the responsibility of tenderer to ensure that there is a proper authorization from State
Government and any other authority to run the vehicle as a commercial vehicle.

5.2 The driver shall report to the officer concerned to whom the vehicle is attached. The
duty hours and Kms. shall be counted from the place of reporting to the place of release
which will both be decided by the using officer. In case of non-availability of the using
officer, directions for the use of the vehicle will be given by the nominated officer of the
Railway Administration.

5.3 The tenderer shall indemnify the Railway against any or all claims, which may arise
under the Motor Vehicles ACT or Workman’s compensation Act or any other act or Stature
having bearing over the services and for engagement of workmen, directly or indirectly for
performance of work under the contract.

5.4 Contractor shall maintain a separate log book in specified format which shall be signed
jointly by the driver and the officer in charge. It will be the sole responsibility of the driver
that log book is filled up daily and there is no cutting /over writing, if there is any cutting
/over writing the same should be attested by the officer in charge using the vehicle.

5.5 The drivers put on the job by the contractor must always possess valid driving
license/registration paper, road tax receipt, state entry permits, necessary documents and
any other paper required for operation of a hired vehicle.
5.6 Only petrol/diesel driven vehicles are acceptable. LPG driven vehicles are not
acceptable.

5.7 The vehicle must be in mechanically sound condition and maintained. The vehicle must
have sufficient fuel to drive 200 kms. at any occasion.

5.8 The vehicle should be provided with a distinct ensign to distinguish it as a vehicle hired
for use of Government Officers. The tenderer shall provide the ensigns as directed by the
Railway Administration.

6. CONDITIONS PERTAINING TO DRIVERS MANNING THE VEHICLES:

6.1 The driver must possess a valid driving license authoring him to drive a commercial
vehicle.

6.2 The driver shall be properly dressed and presentable.

6.3 The driver may be issued an identity card by the Railway Administration and it will be
his duty to carry identity card with him and produce when asked.

6.4 The driver should well-mannered and behaved.

6.5 The driver must have some experience of driving a vehicle and should be in a position to
attend the minor faults in the vehicle.

6.6 The tenderer shall withdraw any driver whose services are not found satisfactory by the
Railway who will give a written notice for the same. Engagement of any new driver shall
be only after the tenderer has submitted the particulars of the new driver and
obtained approval of the Railway.

6.7 The driver of the vehicle must possess a mobile phone whose number is to be given to
the Railway Administration and the officer to whom the vehicle is assigned. The
driver shall remain available on this mobile phone. Any change in the mobile
number will be communicated in advance by the contractor/driver to the officer using
the vehicle.

6.8 Normally the driver assigned with a particular officer will not be changed. In case of
unavoidable circumstances, the driver may be changed only with the consent of the
using officer.

6.9 The tenderer shall be responsible for ensuring that while engaging driver there is no
breach of any extant labour laws and other regulations in force.

6.10 The driver should be prepared to report at short notices in case of emergency
requirements even beyond the specified hours of utilization.

6.11 The driver must be counselled to conduct himself with grace and dignity in the
presence of the using officer and other persons utilizing the vehicle.

6.12 While on duty the driver shall conduct him-self with dignity within and outside the
Railway premises and shall follow the rules applicable in Railway Establishments and
work centres.

6.13 The driver shall make himself and his vehicle available for an inspection to be done by
a nominated officer or the using officers. It will be incumbent upon the driver to produce
documents as and when required.

6.14 In case of non-availability of the assigned driver due to illness, leave etc. it shall be
incumbent upon the contractor to inform the using officer about the alternate
arrangements either himself or through his authorized representative.

7.0 For all other conditions which are not given in the Additional terms and conditions and
in the Service level Agreement (SLA), the contract shall be governed by “General Conditions
of Contract for services -January-2018 (GCC)” or latest published by Indian Railways which
can be obtained from Indian Railways website ( https://www.indianrailways.gov.in).
NOTE: The order of precedence shall be the Additional terms and conditions preceded by
Service Specific terms and conditions preceded by General Conditions of Contract for
services of Railways i.e., ATC supersedes Service specific STC which supersede GCC.