GCC 2022 Pophale Nov 2022

Indian Railways
Standard
General Conditions of Contract
April 2022
CONTRACT MANAGEMENT
SUNIL POPHALE
December, 2022
1
Conditions
I Agree . . .
2
CONTRACT
When two or more persons have common intention
communicated to each other to create some obligation
between them there is said to be an agreement.
AN AGREEMENT ENFORCEABLE BY LAW IS CALLED A ‘CONTRACT’.
AGREEMENTS ENFORCEABLE BY LAW

( according to sec. 10 of Indian Contract Act, 1872)
If any one party of the contract is Government then it is called as

Government Contract.
Government Contract must be in writing.
3
Indian Contract Act, 1872
Essential for valid contracts :
• Free consent.
• Competency of the parties.
• who is not disqualified from contracting by any law to which he is subject.
• Not Banned by any railway/other department.
• Lawful consideration.
o There should be proposal / Offer and Acceptance (NIT & Tender and LOA)
o Section-2(b) of the Act provides that when an offer is accepted then it
becomes a promise. (LOA) – Legal obligation established.
o Communication of acceptance of a proposal should be communicated to
the offerer expressly. (LOA to communicated by hand or by post etc.)
(IREPS)
4
“Success of Engineer is in getting the
Work done”
5
Why GCC :
• Rules of The Contract – Before the game start
• Written Procedures for Uniform Implementation
• To avoid mistakes
• Each Para is numbered for easy reference
• Both for Railways and Contractors
• If any of the GCC Clause is to be varied, the same shall

be done with concurrence of Finance (PFA) and
approval of GM, before calling tender; unless some
other variation is allowed by Railway Board.
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General Conditions of Contract - GCC
• GCC 2014  GCC 2018  GCC-2019
GCC- July 2020 (16.07.2020)

Current GCC is
GCC- April 2022 (27.04.2022) upto ACS-2
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GCC-Contents
• PART-I : Instructions to Tenderers (ITT)
• REGULATIONS FOR TENDERS AND CONTRACTS
(FOR THE GUIDANCE OF ENGINEERS & CONTRACTORS
FOR WORKS CONTRACTS)
• PART II
• STANDARD GENERAL CONDITIONS OF CONTRACT
(FOR USE IN CONNECTION WITH WORKS CONTRACTS)
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GCC-Contents
Part-I : Regulations for Tenders and Contracts
14
Para Subject
5. Bid Security: (EMD)

Annexures :
Annexure-I Tender Form
First Sheet
Second Sheet
10. Eligibility Criteria:
10.1 Technical Eligibility Criteria:
10.2. Financial Eligibility Criteria:
11. Tenderer Credentials
Third Sheet
Annexure-II Agreement for Zone Contract
Annexure-III Work Order Under Zone Contract
Annexure-IV Form for Contract Agreement Of Works
Annexure-V Format for Certificate to be submitted / Uploaded by
Tenderer alongwith the tender documents
Annexure-VI Tenderer’s Credentials (Bid Capacity)
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Part-II: Standard General Conditions of Contract
Para Subject
1. Definitions And Interpretation
General Obligations
2. Execution, Co-Relation And Intent Of Contract Documents
(1) Law Governing The Contract
3.
(2) Compliance To Regulations And Bye-Laws
4. Communication To Be In Writing
5. Service Of Notices On Contractors
6. Occupation And Use Of Land
7. Assignment Or Sub-Letting Of Contract
8. Assistance By The Railway For The Stores To Be Obtained By The Contractor
9. Railway Passes
10. Carriage Of Materials
11. Use Of Ballast Train
12. Representation On Works
13 Relics And Treasures
14. Excavated Material
15. Indemnity By Contractors
(1) Security Deposit
(2) Recovery Of Security Deposit
16.
(3) Interest On Amount
(4) Performance Guarantee
16
17. Force Majeure Clause
Part-II:
Extension Of Time In Contracts
17-A.
(i) Extension Due To Modification
GCC-Contents
(ii) Extension For Delay Not Due To Railway/Contractor
(iii) Extension Of Time For Delay Due To Railway
17-B. Extension Of Time For Delay Due To Contractor
18. (1) & (2) Illegal Gratification
Execution Of Works
(1) Contractor's Understanding
(2) Commencement Of Works
19.
(3) Accepted Programme Of Works
(4) Setting Out Of Works
(1) Compliance To Engineer's Instructions
(2) Alterations To Be Authorised
20.
(3) Extra Works
(4) Separate Contracts In Connection With Works
21. Instructions Of Engineer's Representative
(1) Adherence To Specification And Drawings
(2) Drawings And Specifications Of The Works
22. (3) Ownership of Drawings And Specifications
(4) Compliance With Contractor's Request For Details
(5) Meaning And Intent Of Specifications And Drawings
23. Working During Night
24. Damage To Railway Property Or Private Life And Property
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25. Sheds, Stores-Houses And Yards
Part-II:
26. Provision Of Efficient And Competent Staff At Work Sites By Contractor
26A.
27.
(1) Workmanship And Testing GCC-Contents
Deployment Of Qualified Engineers At Work Sites By Contractor
(2) Removal Of Improper Work And Materials

28. Facilities For Inspection
29. Examination Of Works Before Covering Up
30. Temporary Works
(1) Contractor To Supply Water For Works
(2) Water Supply From Railway System
31. (3) Water Supply By Railway Transport
(4) (A) Contractor To Arrange Supply Of Electric Power For Works
(B) Electric Supply From The Railway System
32. Property In Materials And Plants
(1) Tools, Plant And Materials Supplied By Railway
33.
(2) Hire Of Railway Plant
(1) Precautions During Progress Of Works
(2) Roads And Water Courses
34. (3) Provision Of Access To Premises (4)safety of Public
(4) Safety of Public
(5) Display of Board
35. Use Of Explosives
(1) & (2) Suspension Of Works
36.
(3) Suspension Lasting More Than Three Months
37. Rates For Items Of Works
38. Demurrage And Wharfage Dues
39. Rates For Extra Items Of Works
(1) Handing Over Of Works 18
40.
(2) Clearance Of Site On Completion
GCC-Contents Part-II:
Variations In Extent Of Contract
41. Modification To Contract To Be In Writing
42. (1) & (2) Power Of Modifications To Contract
(3) Valuation Of Variations
(4) Variations In Quantities During Execution Of Works Contracts
43. Claims
(1) Quarterly Statement Of Claims
(2) Signing Of ’No Claim Certificate’
Measurement, Certificates And Payments
44. Quantities In Schedule Annexed To Contract
45. Measurements Of Works
46. (1) "On Account” Payments
(2) Rounding Off Amounts
(3) "On Account” Payments Not Prejudicial To Final Settlement
(4) Manner Of Payment
46A. Price Variation Clause (PVC)
1. - Applicability
2. - Base Month
3. - Validity
4. to 6. - Components & Percentages
7. to 9. - Formulae etc.
10. - Price Variation During Extended Period Of Contract 19
GCC-Contents Part-II:
47. Maintenance Of Works
(1) Certificate Of Completion Of Works
48. (2) Contractor Not Absolved By Completion Certificate
(3) Final Supplementary Agreement
49. Approval Only By Maintenance Certificate
(1) Maintenance Certificate
50. (2) Cessation Of Railway’s Liability
(3) Unfulfilled Obligations
(1) Final Payment
51.
(2) Post Payment Audit
51-A. Production Of Vouchers Etc. By The Contractor
52. Withholding And Lien In Respect Of Sums Claimed
52-A. Lien In Respect Of Claims In Other Contracts
53. Signature On Receipts For Amounts
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Part-II:
Labour
54. Wages To Labour
54-A. Apprentices Act
55. Provisions Of Payments Of Wages Act
55-A. Provisions Of Contract Labour (Regulation And Abolition) Act, 1970
55-B. Provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952
55-C. Provisions of “The Building and Other Construction Workers (RECS) Act, 1996” and “The
Building and Other Construction Workers’ Welfare Cess Act, 1996” :
56. Reporting Of Accidents
57. Provision Of Workmen's Compensation Act
57-A. Provision Of Mines Act
58. Railway Not To Provide Quarters For Contractors
59. (1) Labour Camps
(2) Compliance To Rules For Employment Of Labour
(3) Preservation Of Peace
(4) Sanitary Arrangements
(5) Outbreak Of Infectious Diseases
59. (6) Treatment Of Contractor's Staff In Railway Hospitals
(7) Medical Facilities At Site
(8) Use Of Intoxicants
(9) Restriction On The Employment Of Retired Engineers Of Govt. Services Within Two
Years Of Their Retirement
60. (1) Non-Employment Of Labourers Before The Age Of 15 Years

(2) Medical Certificate Of Fitness For Labour
(3) Period Of Validity Of Medical Fitness Certificate
(4) Medical Re-Examination Of Labourer 21
Part-II:
61.
Determination Of Contract
(1)
GCC-Contents
Right of Railway To Determine Contract
(2) Payment On Determination Of Contract
(3) No Claim On Compensation
62. (1) Determination Of Contract Owing To Default Of Contractor
(2) Right Of Railway After Rescission Of Contract Owing To Default
Of Contractor
Settlement Of Disputes
63. Reconciliation of disputes
(1) Matters Finally Determined By The Railway
64. (1) Demand For Arbitration
(2) Obligations During Pendency Of Arbitration
(3) Appointment Of Arbitrator
(4), (5), (6) & (7) - Arbitral Award &General
Annexures : Proforma For Time Extension, Certificate Of Fitness, Proforma Of
7 Days’ Notice, Proforma Of 48 Hrs. Notice, Proforma Of Termination Notice,
Proforma Of 48 Hrs. Notice & Termination Notice (Part termination)
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PART-I
REGULATIONS FOR TENDERS AND
CONTRACTS
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ORDER of PRECEDENCE of Documents :
In a tender/contract
Where there is any discrepancy, conflict or contradiction, with regard to
conditions of tender/contract,
the following shall be the order of precedence:
i. Letter of Award
ii. Schedule of Items, Rates & Quantities
iii. Special Conditions of Contract. In case of any conflict

between provisions of GCC and SCC, the provisions of SCC prevail
iv. Technical Specifications as given in tender documents
v. Drawings
This is to be clearly stated in the tender document

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Order of precedence: GCC April 2022
• vi. Indian Railways Standard General Conditions of Contract updated with correction slips
issued up to date of inviting tender or as otherwise specified in the tender documents.
• vii. Indian Railways Unified Standard Specification (IRUSS-2019) updated with correction
slips issued up to date of inviting tender or as otherwise specified in the tender documents,
if applicable in the contract.
• viii. CPWD Specifications 2019 Vol I & II updated with correction slips issued up to date of
inviting tender or as otherwise specified in the tender documents, if applicable in the
contract.
• ix. Indian Railways Unified Standard Specifications (Works and Material) 2010 updated
with correction slips issued up to date of inviting tender or as otherwise specified in the
tender documents, if applicable in the contract.
• x. IR Specifications/Guidelines updated with correction slips issued up to date of inviting
tender or as otherwise specified in the tender documents.
• xi. Relevant B.I.S. Codes updated with correction slips issued up to date of inviting tender or
as otherwise specified in the tender documents.
This is to be clearly stated in the tender document.

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1.2 Definition:
• “Railway” : President of the Republic of India or the

Administrative Officers of the Railway or Successor Railway
authorized to deal with any matters.
• “ENGINEER” : Divisional Engineer or the Executive Engineer,

DSTE, DEE in executive charge of the works. Includes the
superior officers of Open Line and Construction organisations i.e.
the Senior Divisional Engineer / Deputy Chief Engineer.
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1.2 Definition:
• (f) “Tenderer” shall mean the person / 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
representatives, successors and permitted assigns.
• (m) “Contractor’s authorized Engineer” shall mean a

graduate engineer or equivalent, having more than 3
years experience in the relevant field of construction
work involved in the contract, duly approved by the
Engineer.
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1.2 Definition:
• (n) Date of inviting tender shall be the date of publishing

tender notice on IREPS website if tender is published on
website
or
• the date of publication in newspaper in case tender is not
published on website.
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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.
• e-Tender Forms shall be issued free of cost to all tenderers.
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4. Omissions & Discrepancies
• Discrepancies/ omissions should be notified by Tenderer to the

authority inviting tenders, The tender inviting authority may, if
deemed necessary, clarify the same to all tenderers.
• It shall be understood that every endeavour has been made to

avoid any error 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.
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5. Bid Security : ( Earnest Money)
 For the due performance of the stipulation to keep the offer open
till such date as specified in the tender.
 (In IREPS i.e. e-Tendering : validity of EMD dose not matter as tenderer
paying EMD online.)
 Subsequent to award/acceptance of tender, it becomes a part of
Security deposit.
(2) The Earnest Money shall be deposited in cash through e-payment

gateway or or submitted as Bank Guarantee bond or as mentioned in
tender documents.
The Bank Guarantee bond shall be as per Annexure-VIA and shall be valid for a period of 90days
beyond the bid validity period.
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The Bid Security shall be as under:
For works estimated to 2% of the estimated cost of the work

cost up to Rs. 1 Crore
For works estimated to Rs. 2 lakh plus ½ % (half percent) of the

cost more than rs. 1 Crore excess of the estimated cost of work
beyond Rs. 1 crore subject to a
maximum of Rs. 1 crore
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2% of the estimated tender value for works costing up to Rs one crore.

Rs 2 lakh plus ½ % (half percent) of amount excess of Rs 1 crore for works costing
more than Rs one crore subject to a maximum of Rs.1 crore.
• Shall be applicable for all modes of tendering i.e.
Open/ Limited/ Single, etc.
(i) To be rounded off to nearest Rs.100/-
(ii) Any firm recognized by Department of Industrial Policy and Promotion (DIPP) as
‘Startups’ shall be exempted from payment of Bid Security detailed above.
(iii) Labour Cooperative Societies shall submit only 50% of above Bid Security detailed
above.
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Refund of EMD to Unsuccessful Tenderers
Ref: RB no. 2007/CE-I/CT/18(Pt.I) dt 10.09.2008
• In case of single packet: On issue of LOA refund EMD of all tenderers except awarded one.
• If Negotiation: On acceptance of TC for Negotiation, refund all except negotiation party.
• In Two Packet System : After TC acceptance of first packet refund EMD of those not found
suitable.
• Bid Security (EMD) of successful tenderer to be converted into Security Deposit.
• 5.1 (c) If his tender is accepted, this Bid Security mentioned in sub para (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, 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. 34
6. Care in Submission of Tenders:
• 6(a) (i) Before submitting a tender, the tenderer will be

deemed to have satisfied himself by actual inspection of the
site and locality of the works, that all conditions liable to be
encountered during the execution of the works are taken into
account and that the rates he enters in the tender forms are
adequate and all inclusive to accord with the provisions in
Clause-37.
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• 6(a)(iii) The successful tenderer who is liable to be registered under
CGST/IGST/UTGST/SGST Act shall submit GSTIN along with other details
required under CGST/IGST/UTGST/SGST Act to railway immediately after
the award of contract, without which no payment shall be released to
the Contractor. The Contractor shall be responsible for deposition of
applicable GST to the concerned authority.
• 6(a)(iv) In case the successful tenderer is not liable to be registered under

CGST/IGST/UTGST/ SGST Act, the railway shall deduct the applicable GST
from his/their bills under reverse charge mechanism (RCM) and deposit
the same to the concerned authority.
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• 6.1 The tenderers shall submit a copy of certificate stating that all
their statements/documents submitted alongwith bid are true
and factual.
• Standard format of certificate to be submitted by the bidder is
enclosed as Annexure-V.
• Non submission of above certificate by the bidder shall result in
summarily rejection of his/their bid.
• It shall be mandatorily incumbent upon the tenderer to identify,
state and submit the supporting documents duly self
attested/digitally signed by which they/he is qualifying the
Qualifying Criteria mentioned in the Tender Document.
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7. Rights of the Railway to deal with Tender:
• 7. 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.
• 7C. Make in India Policy: Provisions of Make in India Policy

2017 issued by Govt. of India, as amended from time to time,
shall be followed for consideration of tenders.
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8. Execution of Contract Document
• The Tenderer whose tender is accepted shall appear in
person and execute the contract documents within 7
days of notice that the contract agreement is ready.
• The Contract Agreement shall be executed only after
submission of valid Performance Guarantee.
• If the successful tenderer refuses to execute the contract
document the Railway may conclude that tenderer has
abandoned the contract and acceptance shall be treated
as cancelled.
• Railway shall be entitled to forfeit the full amount of the
EMD and other dues payable to the contractor.
• The failed Contractor shall be debarred from participating
in the re-tender for that work.
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Annexure- I
TENDER FORM
Important Provisions
40
Para 3. of Annexure -I
• The tenderer(s) shall quote rates / rebates only at
specified place in Tender Form supplied by Railway.
• Any revision of rates / rebates submitted (quoted)
through a separate letter whether enclosed with the
bid (Tender Form) or submitted separately or
mentioned elsewhere in the document other than
specified place shall be summarily ignored and will
not be considered.
Para 6 (b) of Annexure –I : Bid Security (EMD)
Offer Validity Period:
• 45 days (60 days in case of Two Packet System).
41
ANNEXURE – I
TENDER FORM (Second Sheet)
• 6(b) The Tenderer(s) shall keep the offer open for a

minimum period of 45 days
• (in case of two packet system of tendering 60 days)
from the date of opening of the Tender.
• (d) In case Contractor submits the Term Deposit

Receipt/Bank Guarantee Bond towards full Security
Deposit, the Railway shall return the Earnest Money
so retained to the Contractor.
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10. ELIGIBILITY CRITERIA
LOWEST BIDDER May be without eligibility.

Will not be L1
• 10.4 No Technical and Financial credentials are

required for tenders having value up to Rs 50 lakh.
43
ELIGIBILITY CRITERIA (MODEL SOP)
relaxation in prescribed eligibility
• To be stipulated for open tenders costing > Rs. 50 Lakhs
As per the Report of Sudhir Chandra Committee and
Model SOP.
• For relaxation in prescribed eligibility for open tenders
above > 50 lakh
• In open line – personal approval of GM with FA&CAO’s
concurrence
• In construction – personal approval of CAO/C with
FA&CAO/C’s concurrence
• This power shall not be delegated further.
• For inserting additional criteria – decision of PHOD
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10.1 Technical Eligibility Criteria:
10.1 (a) The tenderer must have successfully completed
any of the following during last 07 years, ending last day
of month previous to the one in which tender is invited:
 Three similar works each costing not less than the
amount equal to 30% of advertised value of the tender,
or
 Two similar works each costing not less than the
amount equal to 40% of advertised value of the tender,
or
 One similar work costing not less than the amount
equal to 60% of advertised value of the tender. 45
ELIGIBILITY CRITERIA- Technical
Work experience certificate
 from private individual- shall not be considered.
 from any Govt. Organisation- considered.
 work experience certificate issued by Public listed company shall
also be considered provided.
 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 atleast 5 years prior to the date of
opening of tender,
 the work experience certificate has been issued by a person
authorized by the Public listed company to issue such 46
Work experience certificate
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 CA,
 TDS certificates for all payments received and
 copy of final/last bill paid by company in support of above
work experience certificate.
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Composit Works
In case of composite works (e.g. works involving more than one
distinct component, such as Civil Engineering works, S&T works,
Electrical works, OHE works etc. and in the case of major bridges –
substructure, superstructure etc.), tenderer must have successfully
completed any of the following during last 07 (seven) years:
 Three similar works each costing not less than 30% of
advertised value of each component of tender,
or
 Two similar works each costing not less than 40% of
advertised value of each component of tender,
or
 One similar work each costing not less than 60% of
advertised value of each component of tender.
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Composite works
 Note: Separate completed works of minimum required values for each
component can also be considered for fulfillment of technical eligibility
criteria.
 10.1.(b) (ii) In such cases, what constitutes a component in a composite

work shall be clearly predefined with estimated tender cost of it, as part of
the tender documents without any ambiguity.
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Completed work even though the work might have commenced before the
qualifying period.
o Total value of similar nature of works completed during the qualifying
period, and not the payments received within the qualifying period alone,
should be considered.
o In case, final bill of similar nature of work has not been passed, paid
amount including statutory deductions is to be considered. However, if
final measurements have been recorded and work has been completed with
positive variation but variation has not been sanctioned, original contract
value of work should be considered for judging eligibility.
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• Similar nature of works is to be clearly defined by

PHOD on open line and nominated CE/CSTE/CEE
on construction organization and the same is to be
indicated in NIT/Tender documents.
• In case of deviation / modification in the list of

similar nature of works, prior approval of PHOD to
be taken.
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ELIGIBILITY CRITERIA- Financial
10.2. Financial Eligibility Criteria: The tenderer must have minimum average annual
contractual turnover of
V/N or V whichever is less; where
[ACS No. 1 dated 14.07.2022]
V= Advertised value of the tender in crores of Rupees

N= Number of years prescribed for completion of work for which bids have been
invited.
The average annual contractual turnover shall be calculated as an average of “total contractual
payments” in the previous three financial years, as per the audited balance sheet.
However, in case balance sheet of the previous year is yet to be prepared/ audited, the audited
balance sheet of the fourth previous year shall be considered for calculating average annual
contractual turnover.
The tenderers shall submit requisite information as per Annexure-VIB, along with copies of Audited
Balance Sheets duly certified by the Chartered Accountant/ Certificate from Chartered Accountant
duly supported by Audited Balance Sheet. Annexure –VIB 52
ELIGIBILITY CRITERIA- Financial
• Reference -Para 10.2 & 17.15.2 of Tender Form (Second Sheet)

of Annexure I of ITT
• Each Bidder or each member of a JV must fill in this form
separately:
• NAME OF BIDDER/JV PARTNER:
53
10. Eligibility Criteria:
• 10.3 Bid Capacity: The tender/technical bid will be evaluated

based on bid capacity formula detailed as Annexure-VI.
• 10.4 No Technical and Financial credentials are required for
tenders having value up to Rs 50 lakh.
• 10.5 Credentials if submitted in foreign currency shall be
converted into Indian currency i.e., Indian Rupee.
54
Explanation for clause 10 including clause 10.1 to 10.5
- Eligibility Criteria:
• 1. In case a work is started prior to 07 (seven) years, ending last day
of month previous to the one in which tender is invited, but
completed in last 07 (seven) years, ending last day of month
previous to the one in which tender is invited, the completed work
shall be considered for fulfillment of credentials.
• 2. If a work is physically completed and completion certificate to
this extent is issued by the concerned organization but final bill is
pending, such work shall be considered for fulfillment of credentials.
• 3. If a part or a component of work is completed but the overall
scope of contract is not completed, this work shall not be
considered for fulfillment of technical credentials even if the cost of
part completed work/component is more than required for
fulfillment of credentials.
55
Explanation for clause 10 including clause 10.1 to 10.5
- Eligibility Criteria:
• 4. In case a work is considered similar in nature for fulfillment
of technical credentials, the overall cost of that work including
PVC amount if any shall be considered and no separate
evaluation for each component of that work shall be made to
decide eligibility.
• 5. The value of final bill including PVC amount-if paid, or
otherwise in case final bill is pending the contract cost in last
approved variation statement plus PVC amount paid or
cumulative amount paid up to last on-account bill including
PVC amount and statutory deductions whichever is less, shall
be considered as the completion cost of work.
56
11. Tenderer Credentials:
ANNEXURE – I
Documents testifying tenderer previous experience and financial status should be

produced along with the tender.
(i) Certificates and testimonials regarding contracting experience for the type of job for
which tender is invited with list of works carried out in the past.
(ii) Certificates which may be an attested Certificate from the client, Audited Balance
Sheet duly certified by the Chartered Accountant etc regarding contractual
payments received in the past.
(iii) The list of personnel / organization on hand and proposed to be engaged for the
tendered work. Similarly list of Plant & Machinery available on hand and proposed
to be inducted and hired for the tendered work.
57
11. Tenderer Credentials: ***
ANNEXURE – I
• (iv) A copy of certificate stating that they are not liable to be disqualified
and all their statements/documents submitted alongwith bid are true
and factual.
• Standard format of the certificate to be submitted by the bidder is
enclosed as Annexure-V.
• Non submission of a copy of certificate by the bidder shall result in
summarily rejection of his/their bid.
• It shall be mandatorily incumbent upon the tenderer to identify, state

and submit the supporting documents duly self attested by which
they/he are/is qualifying the Qualifying Criteria mentioned in the Tender
Document.
58
ANNEXURE – I
(v) The Railway reserves the right to verify all statements, information and
documents submitted by the bidder in his tender offer, and the bidder shall,
when so required by the Railway, make available all such information,
evidence and documents as may be necessary for such verification. Any
such verification or lack of such verification, by the Railway shall not relieve
the bidder of its obligations or liabilities hereunder nor will it affect any
rights of the Railway thereunder.
(vi) (a) In case of any information submitted by tenderer is found to be false

forged or incorrect at any time during process for evaluation of tenders, it
shall lead to forfeiture of the tender Earnest Money Deposit besides
banning of business for a period of upto five years.
59
ANNEXURE – I
• (b) In case of any information submitted by tenderer is found to be false forged or

incorrect after the award of contract, the contract shall be terminated. Earnest
Money Deposit (EMD), Performance Guarantee and Security Deposit available with
the railway shall be forfeited. In addition, other dues of the contractor, if any, under
this contract shall be forfeited and agency shall be banned for doing business for a
period of upto five years.
• 12. Non-compliance with any of the conditions set forth therein above is liable to
result in the tender being rejected.
60
14. Documents to be Submitted Along with Tender
• (i) The tenderer shall clearly specify whether the tender is submitted on his own
(Proprietary Firm) or on behalf of a Partnership Firm / Company / Joint Venture
(JV) / Registered Society / Registered Trust / HUF etc. The tenderer(s) shall
enclose the attested copies of the constitution of their concern, and copy of PAN
Card along with their tender.
• Tender Documents in such cases are to be signed by such persons as may be legally
competent to sign them on behalf of the firm, company, association, trust or society,
as the case may be.
61
(ii) Following documents shall be submitted by the tenderer:

• (a) Sole Proprietorship Firm:
• (i) An undertaking that he is not blacklisted or debarred by Railways or
any other Ministry / Department of Govt. of India from participation in
tender on the date of opening of bids, either in individual capacity or as
a member of the partnership firm or JV in which he was / is a
partner/member.
• Concealment / wrong information in regard to above shall make the
contract liable for determination under Clause 62 of the General
Conditions of Contract.
• (ii) All other documents in terms of explanatory notes in clause 10
above.
62
• (iii) If it is NOT mentioned in the submitted tender that tender is being

submitted on behalf of a Sole Proprietorship firm / Partnership firm /
Joint Venture / Registered Company etc., then the tender shall be
treated as having been submitted by the individual who has signed
the tender.
• (iv) After opening of the tender, any document pertaining to the
constitution of Sole Proprietorship Firm / Partnership Firm / Registered
Company/ Registered Trust / Registered Society / HUF etc. shall be
neither asked nor considered, if submitted.
• Further, no suo moto cognizance of any document available in public
domain (i.e., on internet etc.) or in Railway’s record/office files etc. will
be taken for consideration of the tender, if no such mention is available
in tender offer submitted.
63
Power of Attorney
• 15. The tenderer whether sole proprietor / a company or a partnership firm / joint
venture (JV) / registered society / registered trust / HUF etc if they want to act
through agent or individual partner(s), should submit along with the
tender, a copy of power of attorney duly stamped and authenticated by a
Notary Public or by Magistrate in favour of the specific person whether he/they be
partner(s) of the firm or any other person specifically authorizing him/them to
submit the tender, sign the agreement, receive money, co-ordinate measurements
through contractor’s authorized engineer, 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. The above power of
attorney shall be submitted even if such specific person is authorized
for above purposes through partnership deed / Memorandum of
Understanding / Article of Association or such other document, failing
which tender is liable to be rejected.
64
16. Employment/Partnership etc. of
Retired Railway Employees:
• (a) Should a tenderer
• i) be a retired Engineer of the gazetted rank or any other gazetted
officer working before his retirement, . . . . . . . . .
• AND
• in case where such Engineer or officer had not retired from
government service at least 1 year prior to the date of submission
of the tender
• THEN
• the tenderer will give full information as to the date of retirement
of such Engineer or gazetted officer . . . . . . . . and as to whether
permission for taking such contract, . . . . . . . . from the President
of India or any officer, duly authorized by him in this behalf, shall be
clearly stated in writing at the time of submitting the tender.
65
16. Employment/Partnership etc. of Retired Railway
Employees:
• b) In case, upon successful award of contract, should a tenderer
depute for execution of the works under or to deal matters
related with this contract, any retired Engineer of gazette rank or
retired gazetted officer working before his retirement in the
Engineering or any other department of any of the railways owned
and administered by the President of India for the time being, and
now in his employment, then the tenderer will ensure that retired
Engineer or retired gazetted officer had retired from government
service at least 1 year prior to the date of his employment with
tenderer and in case he had retired from service within a year then
he possesses the requisite permission from the President of India or
any officer, duly authorized by him in this behalf, to get associated
with the tenderer. 66
16. Employment/Partnership etc. of Retired Railway
Employees:
• Note:-If information as required as per 16.a), b), c) above has

not been furnished, contract is liable to be dealt in accordance
with provision of clause 62 of Standard General Condition of
contract.
67
Part-II
Standard General Conditions of Contract
68
GCC-Contents
Part-II: Standard General Conditions of Contract
Para Subject
1. Definitions And Interpretation
General Obligations
2. Execution, Co-Relation And Intent Of Contract Documents
3. (1) Law Governing The Contract
(2) Compliance To Regulations And Bye-Laws
4. Communication To Be In Writing
5. Service Of Notices On Contractors
6. Occupation And Use Of Land
7. Assignment Or Sub-Letting Of Contract
8. Assistance By The Railway For The Stores To Be Obtained By The Contractor
9. Railway Passes
10. Carriage Of Materials
11. Use Of Ballast Train
12. Representation On Works
13 Relics And Treasures
14. Excavated Material
15. Indemnity By Contractors
16. (1) Security Deposit
(2) Recovery Of Security Deposit
(3) Interest On Amount
(4) Performance Guarantee
17. Force Majeure Clause
69
Part-II:
GCC-Contents
Extension Of Time In Contracts
(i) Extension Due To Modification
17-A.
(ii) Extension For Delay Not Due To Railway/Contractor
(iii) Extension Of Time For Delay Due To Railway
17-B. Extension Of Time For Delay Due To Contractor
18. (1) & (2) Illegal Gratification
Execution Of Works
(1) Contractor's Understanding
(2) Commencement Of Works
19.
(3) Accepted Programme Of Works
(4) Setting Out Of Works
(1) Compliance To Engineer's Instructions
(2) Alterations To Be Authorised
20.
(3) Extra Works
(4) Separate Contracts In Connection With Works
21. Instructions Of Engineer's Representative
(1) Adherence To Specification And Drawings
(2) Drawings And Specifications Of The Works
22. (3) Ownership of Drawings And Specifications
(4) Compliance With Contractor's Request For Details
(5) Meaning And Intent Of Specifications And Drawings
23. Working During Night
24. Damage To Railway Property Or Private Life And Property 70
25. Sheds, Stores-Houses And Yards
Part-II:
GCC-Contents
26. Provision Of Efficient And Competent Staff At Work Sites By Contractor
26A. Deployment Of Qualified Engineers At Work Sites By Contractor
(1) Workmanship And Testing
27.
(2) Removal Of Improper Work And Materials
28. Facilities For Inspection
29. Examination Of Works Before Covering Up
30. Temporary Works
(1) Contractor To Supply Water For Works
(2) Water Supply From Railway System
31. (3) Water Supply By Railway Transport
(4) (A) Contractor To Arrange Supply Of Electric Power For Works
(B) Electric Supply From The Railway System
32. Property In Materials And Plants
(1) Tools, Plant And Materials Supplied By Railway
33.
(2) Hire Of Railway Plant
(1) Precautions During Progress Of Works
(2) Roads And Water Courses
34.
(3) Provision Of Access To Premises (4)safety of Public
(5) Display of Board
35. Use Of Explosives
(1) & (2) Suspension Of Works
36.
(3) Suspension Lasting More Than Three Months
37. Rates For Items Of Works
38. Demurrage And Wharfage Dues
39. Rates For Extra Items Of Works
(1) Handing Over Of Works
40. 71
(2) Clearance Of Site On Completion
Part-II:
Variations In Extent Of Contract
41. Modification To Contract To Be In Writing
42. (1) & (2) Power Of Modifications To Contract
(3) Valuation Of Variations
(4) Variations In Quantities During Execution Of Works Contracts
43. Claims
(1) Quarterly Statement Of Claims
(2) Signing Of ’No Claim Certificate’
Measurement, Certificates And Payments
44. Quantities In Schedule Annexed To Contract
45. Measurements Of Works
46. (1) "On Account” Payments
(2) Rounding Off Amounts
(3) "On Account” Payments Not Prejudicial To Final Settlement
(4) Manner Of Payment
46A. Price Variation Clause (PVC)
1. - Applicability
2. - Base Month
3. - Validity
4. to 6. - Components & Percentages
7. to 9. - Formulae etc.
10. - Price Variation During Extended Period Of Contract
72
Part-II:
47. Maintenance Of Works

(1) Certificate Of Completion Of Works
48. (2) Contractor Not Absolved By Completion Certificate
(3) Final Supplementary Agreement
49. Approval Only By Maintenance Certificate
(1) Maintenance Certificate
50. (2) Cessation Of Railway’s Liability
(3) Unfulfilled Obligations
(1) Final Payment
51.
(2) Post Payment Audit
51-A. Production Of Vouchers Etc. By The Contractor
52. Withholding And Lien In Respect Of Sums Claimed
52-A. Lien In Respect Of Claims In Other Contracts
53. Signature On Receipts For Amounts
73
Part-II:
Labour
54. Wages To Labour
54-A. Apprentices Act
55. Provisions Of Payments Of Wages Act
55-A. Provisions Of Contract Labour (Regulation And Abolition) Act, 1970
55-B. Provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952
55-C. Provisions of “The Building and Other Construction Workers (RECS) Act, 1996” and “The
Building and Other Construction Workers’ Welfare Cess Act, 1996” :
56. Reporting Of Accidents
57. Provision Of Workmen's Compensation Act
57-A. Provision Of Mines Act
58. Railway Not To Provide Quarters For Contractors
59. (1) Labour Camps
(2) Compliance To Rules For Employment Of Labour
(3) Preservation Of Peace
(4) Sanitary Arrangements
(5) Outbreak Of Infectious Diseases
59. (6) Treatment Of Contractor's Staff In Railway Hospitals
(7) Medical Facilities At Site
(8) Use Of Intoxicants
(9) Restriction On The Employment Of Retired Engineers Of Govt. Services Within Two
Years Of Their Retirement
60. (1) Non-Employment Of Labourers Before The Age Of 15 Years

(2) Medical Certificate Of Fitness For Labour
(3) Period Of Validity Of Medical Fitness Certificate
(4) Medical Re-Examination Of Labourer 74
Part-II:
61.
Determination Of Contract
(1)
GCC-Contents
Right of Railway To Determine Contract
(2) Payment On Determination Of Contract
(3) No Claim On Compensation
62. (1) Determination Of Contract Owing To Default Of Contractor
(2) Right Of Railway After Rescission Of Contract Owing To Default
Of Contractor
Settlement Of Disputes
63. Reconciliation of disputes
(1) Matters Finally Determined By The Railway
64. (1) Demand For Arbitration
(2) Obligations During Pendency Of Arbitration
(3) Appointment Of Arbitrator
(4), (5), (6) & (7) - Arbitral Award & General
Annexures : Proforma For Time Extension, Certificate Of Fitness, Proforma Of
7 Days’ Notice, Proforma Of 48 Hrs. Notice, Proforma Of Termination Notice,
Proforma Of 48 Hrs. Notice &Termination Notice(Part termination),
75
Definitions: (Clause 1)
• "Engineer's Representative" shall mean the Assistant Engineer in
direct charge of the works and shall include any Sr. Section
/Junior Engineer of Civil.
• "Contractor" shall mean the Person/Firm/Co-operative Society

or who enters into the contract with the Railway and shall include
their executors, administrators, successors and permitted
assigns.
• "Contract" shall mean and include the Agreement of Work

Order, the accepted Schedule of Rates, the Standard GCC, the
Special Conditions of Contracts, if any; the Drawing, the
Specifications, the Special Specifications, if any and Tender Forms,
if any.
76
Execution Co-Relation And Intent Of Contract
Documents: (Clause 2)
• The contract documents shall be signed in triplicate.
• If a work is transferred from the jurisdiction of one

Railway to another Railway or to a Project authority or
vice versa while contract is in subsistence, the contract
shall be binding to both parties.
77
Law Governing The Contract : (Clause 3)
• The contract shall be governed by the law for the time

being in force in the Republic of India.
• The Contractor shall conform to the provision of any

statute relating to the works and regulations and bye-
laws of any local authority and of any water and lighting
companies or undertakings, with whose system the
work is proposed to be connected.
78
Communication To be In Writing: (Clause 4) ***
 All notices, communications, reference and complaints
by the Railway (the Engineer or the Engineer's
Representative) or the Contractor shall be in writing or
e-mailed on registered e-mail IDs.
‘Not in writing’ shall not be recognized.
79
Instruction Of Engineer's Representative : (Clause 21)
Any instructions or approval given by the Engineer's
representative shall bind the Contractor, provided always as
follows:
(a) Failure of the Engineer's representative to disapprove any
work or materials shall not prejudice the power of the
Engineer thereafter to disapprove such work or material and
to order the removal or breaking up thereof. (WORK
APPROVED BY ENGINEER’S REPRESENTATIVE CAN BE
DISAPPROVED/REJECTED BY ENGINEER).
(b) If the Contractor shall be dissatisfied by reason of any
decision of the Engineer's representative, he shall be entitled
to refer the matter to the Engineer who shall there upon
confirm or vary such decision.
80
Service Of Notices On Contractors : (Clause 5)
 The Contractor shall furnish to the Engineer- name,
the designation and address of his authorized agent.
 All communications and references shall be deemed to have

been duly given to the Contractor, if delivered to the Contractor
or his authorised agent or left at or posted to the address so
given.
 shall be deemed to have been so given in the case of posting on

day on which they would have reached such address in the
ordinary course of post or on the day on which they were so
delivered or left.
 Inthecase of contract by partners, any in

constitution
change of the firm shall be forthwith notified the
Contractor to the by the
Engineer. 81
Occupation and Use of Land:
(Clause 6)
• No Railway land shall be occupied by the Contractor,

without permission from Railway;
• subject to levy of Conservancy charges.
82
Assignment or Subletting of contract : (Clause 7)
• Not without permission of Railway.

• Does not establish any contractual relationship between
Railway and sub-contractor.
• Any breach shall entitle Railway to rescind contract
under Cl. 62.
• Petty subletting under direct and personal supervision
of contractor or his agent shall not be deemed as
subletting.
83
• He shall submit a proposal in writing
seeking permission of Chief Engineer.
• Contractor shall ensure :

 Total value of work to be assigned Not more than
50%.
 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.
 There is no banning of business with the sub-
contractor in force over IR. 84
• No subcontractor shall be permitted without a formal
agreement between Contractor and subcontractor. Copy of
same to be provided to the Engineer.
• The Contractor shall intimate to the Engineer not less than 7
days in advance, the intended date of commencement of
subcontractor’s work.
• Subcontract agreement can be discontinued by contractor at his
own or on the instruction of Railway, with prior intimation to
Chief Engineer.
• The Contractor shall indemnify railway against any claim of
subcontractor.
• In addition to issuance of work experience certificate to
Contractor, the Engineer shall issue work experience certificate
to the subcontractor also for the portion of work subcontracted. 85
• The responsibility of successful completion of work by
subcontractor shall lie with Contractor only.
• If Engineer is not satisfied with subcontractor’s
performance, he may instruct the Contractor to
remove the subcontractor and Contractor has to
comply with due promptness. Contractor shall intimate
the actual date of discontinuation of subcontract to
Engineer.
• No claim of on this account shall be entertained by the
Railway and this shall be deemed as ‘excepted matter’.
86
Railway Passes: (Clause 9)
• No free railway passes shall be issued by the Railway to

the Contractor or any of his employee/worker.
87
Representation On Works (Clause 12)
• The Contractor shall keep a responsible agent at the

works during working hours, when he is not personally
present on the site.
• Orders given by the Engineer or the Engineer's

representative to the agent shall be deemed to have the
same force as if they had been given to the Contractor.
• Failure to comply with this provision will entitle the Rly to

rescind under Clause 62.
88
Indemnity by Contractors: (Clause 15)
• The Contractor shall indemnify Railway from and against

all actions/ suit proceedings/ losses/ costs/ damages/
charges/ claims and demands of every nature and
description by reason of any act /omission of the
Contractor/ his agents/employees, in the execution of
the works.
89
SECURITY DEPOSIT
(Clause 16 of Part-II of GCC April 2022)
“For the due and faithful fulfillment of the contract (all the contract conditions) by the
contractor”
• Bid Security to be converted into SD.

• SD 5% of contract value.
• 16.(1) Security Deposit: The Security Deposit shall be 5% of the contract value. The Bid
Security submitted by the Contractor with his tender will be retained/encashed by the
Railways as part of security for the due and faithful fulfillment of the contract by the
Contractor.
• 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.
90
16.(2) (i) Refund of Security Deposit:
 16.(2) (i) Refund of Security Deposit: Security Deposit mentioned in
sub clause (1) above shall be returned to the Contractor along with
or after, the following:
 (a) Final Payment of the Contract as per clause 51.(1) 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), in case applicable.
 Approval of competent authority. . . . . . . competent to

sign the contract.
(But not lower than JAG for maintenance Certificate.)
91
SECURITY DEPOSIT
(Clause 16.2 of Part-II of GCC July 2020)-
16.(2) (ii) Forfeiture of SD

• 16. (2) (ii) Forfeiture of Security Deposit: Whenever the contract is
rescinded as a whole under clause 62 (1) of these conditions, the
Security Deposit already with railways under the contract shall be
forfeited.
• However, in case the contract is rescinded in part or parts under
clause 62 (1) of these conditions, the Security Deposit shall not be
forfeited.
No interest shall be payable upon the EM or SD or amount

payable to the contractor…… But Govt. securities deposited
in terms of Sub-Clause 16.(4)(b) will be payable with interest accured
thereon. 92
16.(4) PERFORMANCE GUARANTEE
• 16(4)(b) The successful bidder shall submit the

Performance Guarantee (PG) in any of the following
forms, amounting to 5% of the original contract value to
be deposited within 21 days of issue of LOA and before
signing of agreement.
• Extension to the time of submission of PG beyond 21 days can be
given by the authority competent to sign the agreement (upto
60 days), however a penal interest @12% per annum would be
applicable for delay beyond 21 days i.e. 22nd day after the date of
issue of LOA.
93
PERFORMANCE GUARANTEE
(Clause 16(4) of Part-II of GCC)
 In case contractor fails to submit requisite PG even after
60 days, the contract is liable to be terminated duly
forfeiting EMD and other dues, if payable against that
contract.
The failed contractor shall be debarred from participating
in re-tender for that work.
 In case a tenderer has not submitted EMD on the
strength of their registration as a Startup recognized by
DIPP, DIPP shall be informed to this effect.
DIPP (Department of Industrial Policy and Promotion) under the
Ministry of Commerce and Industry.
94
• To be valid initially till date of completion plus 60 days.
• In case of extension of date of completion, to be valid till
revised date of completion plus 60 days
(d) Value of PG would not change for a variation of
upto (+/-)25%
• Beyond 25% increase in contract value, additional PG
@5% of contract amount in excess of original agreement
value to be deposited.
• If the value of contract decreased by more than 25%, PG
to 5% of decrease value shall be return to contractor, on
submission of request , duly safeguarding the interest of
Railways.
95

(b) In form of
(i) A deposit of cash,
(ii) Irrevocable Bank Guarantee,
(iii) Government Securities including State Loan Bonds
at 5 percent
below the market value,
(iv) Deposit Receipts, Pay Orders, Demand Drafts and
Guarantee Bonds - either of the State Bank
of India or of any of the Nationalized Banks;
(v) Guarantee Bonds executed or Deposits Receipts tendered
by all Schedules Banks;
96

(vi) a Deposit in the Post Office Saving Bank;
(vii) a 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 per cent below market value or at
the face value whichever is less.
Also, FDR in favour of FA&CAO/C, (free from any encumbrance)
may be accepted.
. 97
PG release
• 16.4(e) The Performance Guarantee (PG) shall be released after
physical completion of the work based on 'Completion
Certificate' issued by the competent authority stating that the
Contractor has completed the work in all respects satisfactorily.
• (f) Whenever the contract is rescinded, the Performance

Guarantee already submitted for the contract shall be encashed
in addition to forfeiture of Security Deposit available with
railway.
98
16.4 (g) PG shall be encashed only in following cases:
• Failure by contractor to extend validity of PG.

• Failure to pay the President of India any amount due
either as agreed by contractor or determined under
any of the clauses/conditions of the agreement
within 30 days of service notice to this effect.
• Contract being determined or rescinded under
clause 62 of the GCC.
99
55(c) Shramikkalyan portal of Indian Railways
GCC clause 55
• 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.
• 55(d) After approval of LoA by Engineer, contractor shall fill the salient details of
contract labours engaged in the contract and ensure updating of each wage
payment to them on shramik kalyan portal on monthly basis.
• 55(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.
• One should have to do compliance of the requirement of Shramikkalyan portal of
Indian Railways as per the GCC Clause no. 55-C (I).
100
Force Majeure Clause (Clause 17)
• If performance by either party of any obligation under this contract
shall be prevented or delayed by reason of any war, hostility, acts of
public enemy, civil commotion, sabotage, serious loss or damage by
fire, explosions, epidemics / pandemics, strikes, lockouts or acts of
God.
• Notice of such event is given by either party within 30 days from
date of occurrence.
• Neither party is entitled to terminate this contract or have any
claim for damages.
• Works shall resume as soon as practicable after such event has
come to an end or ceased to exist. Decision of Engineer as to works
have resumed or not shall be final and conclusive.
• If performance prevented or delayed by reason of any such event
for a period exceeding 120 days, either party may terminate the
contract by giving notice to the other party. 101
17–A Extension of Time In Contracts (Cl. 17-A)
 17(A)(i) Extension due to Modification:
• On account of increase in magnitude of work.
• Extension request from contractor when cause arises, but
not
beyond less than 1 month before D.O.C.
 17(A)(ii) Extension for delay Not due to Rly or Contractor:

• Notice of happening within 15 days.
• Extension can be given on request.
• No compensation. Same rate, terms & conditions.
102
17–A Extension Of Time In Contracts (Cl. 17-A)
 17(A)(III) Extension for delay due to Rly.
• Delay in handing over site, drawings, to hand over the
Contractor possession of the lands etc
• Rly. To grant extension
• No damage or compensation
103
17–B Extension Of Time In Contracts (Cl. 17-B)
17 B. Extension of Time with Liquidated Damages (LD) for
delay due to Contractor:
The time for execution of work shall be deemed to be the
essence of the contract.
• If contractor fails to complete the works within the specified
time for the reasons other than those Clause 17 and 17-A, the
Railway may, allow the contractor for further extension of time.
(Proforma at Annexure-VII)
• For extension, recover from contractor, as agreed damages
and not as penalty, for each week or part of the week.
• Liquidated damages (LD) shall not exceed 5% of Contract
Value.
104
17B Extension of Time with Liquidated Damages (LD) for
delay due to Contractor: (ACS No. 1 of 14.07.2022)
17B Extension of Time with Liquidated Damages (LD) for delay due to Contractor:
The time for the execution of the work or part of the works specified in the contract documents shall be
deemed to be the essence of the contract and the works must be completed not later than the date(s)
as specified in the contract. If the Contractor fails to complete the works within the time as specified in
the contract for the reasons other than the reasons specified in Clause 17 and 17A, the Railway may, if
satisfied that the works can be completed by the Contractor within reasonable short time thereafter,
allow the Contractor for further extension of time (Proforma at Annexure-VII) as the Engineer may
decide. On such extension the Railway will be entitled without prejudice to any other right and remedy
available on that behalf, to recover from the Contractor as agreed damages and not by way of penalty
for each week or part of the week, a sum calculated at the following rates of the contract value of the
works.
Rate of Liquidated Damages as decided by Engineer between 0.05 % to 0.30 % of the contract value of
the works for each week or part of the week. (ACS No. 1 of 14.07.2022).
For the purpose of this Clause, the contract value of the works shall be taken as value of work as per
contract agreement including any supplementary work order/contract agreement issued. Provided also,
that the total amount of liquidated damages under this condition shall not exceed 5% of the contract
value or of the total value of the item or groups of items of work for which a separate distinct 105
completion period is specified in the contract.
A N N E X U R E - V II
17–B Extension Of Time In Contracts (cl. 17-B) Reg istered A c kno wl e d g e m e n t D u e
ANNEXURE – VII PROFORMA FOR TIME EXTENSION
N o. D at ed :
Sub : (i) (name of work) .

(ii) A ccept a nce letter no.
(iii) U nd e rs ta nd ing /A g re e m ent no.
R e f: (Quote specific application of Contractor
for extension to the date received)
D ear Sir,
T he stipulated date for co mp letion of the w o rk m e ntione d a b o ve is . F r om the

progress m a d e so far a n d the pre sent rate of progress, it is unlikely that the w or k will b e
com plet ed by the a b ove dat e (or ‘Howeve r, the wo rk w a s not comp l ete d on this date’).
2. Expecting that you m a y b e a ble to com p let e the wor k, if s o m e m o r e time is

given, the competent authority, although not b oun d to d o so, h er e b y extend s the time for
completion from
to .
3. Please note that a n a m o u n t eq ua l to the liquidated d a m a g e s for de lay in the comp letion·
of the wo rk after the expiry of (give here the stipulated date for
completion with/without any penalty fixed earlier) will b e recovered fr om you a s me ntione d in
Clause, 17- B of the Standar d General Conditions of Contract for the ex te nd e d period,
notwithstanding the grant of this extension. Y o u m a y p r oce e d with the w or k accordingly.
4.The a bov e extension of the completion date will also b e subject to the further condition that
n o increase in rates o n a ny a ccoun t will b e p a ya b le to you.
5.Please intimate within a w ee k of the receipt of this letter your acceptance of the extension of
the conditions stated above.
6.Please note that in the ev en t of your declining to accep t the extension o n the a b ove said
conditions or in the event of your failure after a ccep ting or acting up t o this e xtension to
com plet e the w or k by ( here mention the extended date ), further action will b e ta ken in
t er m s of Clause 62 of the St and a r d General Conditions of Contract.
Yours faithfully
106
For a nd o n be half of the President of
17C Bonus for early Completion of work
17C Bonus for Early Completion of Work:
In open tenders having advertised value more than Rs.50 crore and
original period of completion 12 months or more,
when there is no reduction in original scope of work by more than 10%,
and no extension granted on either railway or Contractor’s account,
Contractor shall be entitled for a bonus of 1% for each 30 days early

completion of work.
The period of less than 30 days shall be ignored while working out bonus.
The maximum bonus shall be limited to 5% of original contract value.

The completion date shall be reckoned as the date of issuance of completion
certificate by Engineer.
107
19.(2) Commencement of Works:
 19.(2) Commencement of Works:


 The Contractor shall commence the works within 15 days
after the receipt by him of an order in writing to this
effect from the Engineer and shall proceed with the same
with due expedition and without delay.
108
Accepted Programme of Work: (Clause 19(3))
 To submit the detailed programme of work indicating the time schedule of

various items of works in the form of Bar Chart/PERT/CPM as soon as
possible after the date of receipt of the acceptance letter but
- not later than 30 days after the date of receipt of the acceptance letter in
respect of contracts with initial completion period of two years or less or
not later than 90 days for other contracts have to submit the detailed
programme of work indicating the time schedule of various items of works
in the form of Bar Chart/PERT/CPM.
- details of organisation (in terms of labour and supervisors) plant and
machinery that he intends to utilize (from time to time) for execution of the
work within stipulated date of completion
 The programme of work amended as necessary by discussions with the
Engineer, shall be treated as the agreed programme. The progress of work
will be watched accordingly.
109
Setting Out of Works: (Clause 19(4))
 Contractor shall be responsible for the correct setting

out of all works at his cost.
 The Contractor shall execute as shown in the drawing
and as directed by the Engineer's representative .
 The Contractor shall provide all facilities like labour and
instruments and shall co-operate with the Engineer's
representative to check all alignment, grades, levels
and dimensions.
 Such checking shall not absolve the Contractor of his
own responsibility of maintaining accuracy in the work.
 The Contractor shall carefully protect and preserve
all bench marks, sight rails, pegs and other things used
in setting out the work.
110
• 20.(1) Compliance to Engineer’s Instructions: The
Engineer shall direct the order in which the several parts of the
works shall be executed and the Contractor shall execute
without delay all orders given by the Engineer from time to
time;
• but the Contractor shall not be relieved thereby from
responsibility for the due performance of the works in all
respects.
• 20.(2) Alterations to be Authorized: No alterations in or
additions to or omissions or abandonment of any part of the
works shall be deemed authorised, except under instructions
from the Engineer.
• The Contractor shall be responsible to obtain such instructions
in each and every case in writing from the Engineer.
111
Variations in Extent of Contract
112
41. Modification To Contract To Be In Writing:
(Clause 41)
 After the contract documents have been signed, the
modifications shall be made in writing and signed by the
Railway and the Contractor.
 No work shall proceed under such modifications until this has

been done.
 Any verbal or written arrangement abandoning, modifying,

extending, reducing or supplementing the contract or any of
the terms shall be deemed conditional and shall not be binding
on the Railway unless and until the same is incorporated in a
formal instrument and signed by the Railway and the
Contractor.
113
42.(1) Powers of Modification To Contract :
 The Engineer on behalf of the Railway shall be entitled by

order in writing to enlarge or extend, diminish or reduce the
works or make any alterations in their design, character
position, site, quantities, dimensions or in the method of their
execution or in the combination and use of materials for the
execution or to order any additional work to be done or any
works not to be done.
 Contractor will not be entitled, to any compensation for any
increase/reduction in the quantities of work but will be paid
only for the actual amount of work done and for approved
materials supplied against a specific order.
114
42(2)(i) Variation in Quantities :
Unless otherwise specified in the special conditions of the contract,
 The accepted variation in quantity of each individual item of the contract would be
upto 25% of the quantity originally contracted, except in case of foundation work
(in which no variation limit shall apply). However, the rates for the increased
quantities shall be as per sub- para (iii) below.
 42(2)(ii)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.
 42(2)(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.
115
42(2)(i) Variation in Quantities :
 (v) As far as Standard Schedule of Rates (SSOR) items are concerned,

the variation limit of 25% would apply to the value of SSOR schedule(s)
as a whole and not on individual SSOR items.
 However, in case of Non Standard Schedule of Rates (SSOR) items, the
limit of 25% would apply on the individual items irrespective of the
manner of quoting the rate (single percentage rate or individual item
rate).
116
Variation in Quantities : (Clause 42(2))
 42(2)(iii) In case an increase in quantity of an individual item
by more than 25% of the agreement quantity is considered
unavoidable, the same shall be executed at following rate.
• a. Quantities in excess of 125% but up to 140% shall

be paid at 98% of the awarded rate;
• b. Quantities in excess of 140% but up to 150% shall
be paid at 96% of the awarded rate;
• 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 awarded rate.
117
Variation in Quantities : (Clause 42(2))
Minor Value Item
 42(2)(iii)(d) Variation in Minor Value Item: An item whose original

agreement value is less than 1% of the total agreement value.
 The limit for varying quantities for minor value items shall be 100%
(as against 25% prescribed for other items).
• Up to 100% of agreement quantity- to be paid at the awarded rate.
• Variation of 100 to 200% of agreement quantity- to be paid at 98%
of the awarded rate.
• Variation beyond 200% will be avoided and would be permitted
only in exceptional unavoidable circumstances and shall be paid at
96% of awarded rate.
118
Variation in Quantities : MODEL SOP (item no. 9)
• For tenders accepted at zonal level, variation will be
approved by the authority in whose power the revised
value of agreement lies.
• For increase in quantity of individual items upto 150%,
only prior approval of TAA, not below the rank of JAG, is
required. (Without finance concurrence)
• Variation beyond 150% (for individual items) will be
avoided and would be permitted with concurrence of
Associate Finance and shall be paid at 96% of awarded
rate.
• Supplementaryagreements needs to be vetted by
Associate Finance.
119
Variation in Quantities : MODEL SOP (item no. 9)
• Execution of quantities beyond 150% of overall agreement
value should not be permitted and, if found necessary,
should be only through fresh tender or by negotiation
with existing contractor, with personal concurrence of PFA
and personal sanction of GM.
• For tenders accepted by Board Member and Rly. Ministers,
GM can approve variation upto 110% of original
agreement value.
• For Zonal contracts, variation should not exceed 25% of
contract value.
• The aspect of Vitiation if any, shall be governed as per
Railway Board’s Transformation Cell Letter. 120
Variation in Quantities : MODEL SOP (item no. 9 B)
• Saving in Individual Items upto 25% by executive

competent to sign agreement, without
Finance cuncurrence.
• Savings more than 25% in Individual Item or
contract agreement value
 With ‘No Claim Certificate’ from the contractor
 With Finance concurrence and approval of SAG giving detailed
reasons.
 Also a certificate that the quantities proposed to be reduced will
not be required in the same work in latter stage.
121
Variation in Quantities :
MODEL SOP-2018: Corrigendum No. 1 dt 17/10/18
• Vetting of Corrigendum/ addendum in case of variation is not
required when all following conditions are being satisfied:
 Value of new items (SOR/NS) is < Rs. 5 Lakh
 % change in overall contract value < 10%
 % change in all individual NS items < 25% (100% for
minor items)
Not in GCC.
Finance concurrence is not required subject to : value of new items
is less than Rs. 5 lakh or % change in original contract value is
less than 10%
Full power with Finance concurrence.
122
Variation in Quantities : excess
Variation < (+)25% on Individual Variation > (+)50%
Variation > (+)25%
items (Existing NS item. / SOR on Individual items
upto (+)50% on & subject to overall value
Schedule as a whole)
Individual items to be within +50%
Overall CV<10% CV >10%
Admn. App. Of TAA (as per Revised CV)

Admn. App. Of TAA
Not lower than JAG for
(as per Revised CV)
Finance
Vetting of Corrigendum / addendum)
Concurrence
Sanction of Accepting Authority as per Revised Contract value
(Signing of Subsidiary Agreement)
Payment to contractor 123

Variation in Quantities : Savings
Variation > (-)25% on
Variation < / = (-)25% on (Original CV)
(i) Individual Existing NS item. (i) Individual Existing NS item.
(ii) SOR Schedule as a whole (ii) SOR Schedule as a whole
(iii) Overall Agreement Value
Approval of Contract Admn. App. Of AA

Signing Authority (Not lower than SAG)
Vetting of Corrigendum / addendum) Finance Concurrence
Sanction of VS by AA on Revised Contract Value
(Signing of Supplementary / Subsidiary Agreement) 124

7. Introduction of New SOR items:
MODEL SOP (item 7)
MODEL SOP-2018: Corrigendum No. 1 dt 17/10/18
• 1. The items of work proposed for inclusion should be relevant to

the main scope of work.
• 2. Revision to contract value shall be proposed by way of
variation statement.
• Not in GCC.
• Divisional officers SG/JAG/SS (independent Charge) Full Powers
• Finance concurrence is not required subject to : value of new
items is less than Rs. 5 lakh or % change in original contract
value is less than 10% .
• Full power with Finance concurrence.
125
8. Introduction of New NS items: MODEL SOP (item 8)
• Not in GCC.
• New NS items in a contract can be introduced without
Finance concurrence to a maximum ceiling of Rs. 5 lakh
or 10% of original contract value in a contract
(whichever is less)
• Full power with Finance concurrence.
• Rate of such NS items accepted without Finance
concurrence cannot be quoted as LAR. Only rates
obtained through competitive tender process can be
adopted as LAR.
126
39(1) Rates for Extra Items
• (a) Standard Schedule of Rates (SSOR) Items:
• Any item of work carried out by the Contractor on the instructions of the
Engineer which is not included in the accepted Bill(s) of Quantities but figures in
the Standard Schedule of Rates (SSOR), shall be executed at the rates set forth in
the "Standard Schedule of Rates (SSOR)" modified by the tender percentage as
accepted in the contract for that chapter of Standard Schedule of Rates (SSOR).
• However, the cumulative value of all such extra item(s) together (modified by
the respective tender percentage) shall not exceed 10 % of the original contract
value. (ACS No. 1 of 14.07.2022)
• For item(s) not covered in this sub clause, the rate shall be decided as agreed
upon between the Engineer and the Contractor before the execution of such
items of work as per sub clause (b).
127
39(1) Rates for Extra Items
• The rates payable for such items shall be decided at the meeting to be held
between the Engineer and Contractor, in as short a period as possible after the
need for the special item has come to the notice. In case the Contractor fails to
attend the meeting after being notified to do so or in the event of no settlement
being arrived at, the Railway shall be entitled to execute the extra works by other
means and the Contractor shall have no claim for loss or damage that may result
from such procedure.
• The assessment of rates for extra item(s) shall be arrived at based on the
prevailing market rates of labour, machinery & materials and by taking
guidance from the following documents in order of priority:
• (i) Analysis of Unified Schedule of Rates of Indian Railways
• (ii) Analysis of Delhi Schedule of Rates issued by CPWD
• (iii) Market Analysis
128
Claims: (Clause 43)
43(1) Quarterly Statement Of Claims
 Contractor shall furnish once every quarter an account giving
full and detailed particulars of all claims for any additional
expenses to which he considers himself entitled to and of all
extra or additional works ordered which he has executed during
the preceding quarter.
 No claim for payment will be considered which has not been
included in such particulars.
43(2) Signing Of "No Claim" Certificate

 Contractor shall not be entitled to make any claim nor shall the
Railway entertain/consider such claim, if made by the Contractor
after he shall have signed a "No Claim" Certificate after the works
are finally measured up.
129
130
PVC Clause
GCC Clause 46A
(GCC April 2022)
131
Applicability - Price Variation Clause(PVC)
GCC April 2022
Ref: RB Letter No. 2017/Trans/01/Policy dt 08.02.2017

(Indian Railways –Transformation Cell)
• PVC clause shall be applicable only for Advertised value

• (Advertised value) above Rs. 2crore.
irrespective of the completion period.
• Variation in quantities shall not be taken into account for applicability of

PVC in the contract.
• Thus variation in quantities after signing of the Contract Agreement is not
relevant for deciding whether PVC is applicable to the contract or not.
Letter no. 2013/CE-I/Ct/O/10/PVC/pt-I dt 27.01.15

• PVC shall not be applicable to AMC or Zonal Contract.
132
Clause 46A- Price Variation Clause(PVC)
1- Applicability :
• Applicable only in those Contracts where tender conditions specifically
permits it.
• Irrespective of contract completion period.
• Excluding materials supplied free of cost/ fixed rate by Railway.
• Excluding Specific payment made to consultant.
• Excluding any extra NS item(s) included in subsequent variation falling
outside the purview of the Schedule of Items of tender shall fall outside
purview of PVC.
133
46A.2 Base Month: The Base Month for ‘Price Variation Clause’ shall be taken
as the one month prior to closing of tender, unless otherwise stated elsewhere.
The quarter for applicability of PVC shall commence from the month following
the Base month.
The Price Variation shall be based on the average Price Index of the quarter under
consideration.
46A.3 Validity: Rates accepted by Railway Administration shall hold good till
completion of work and no additional individual claim shall be admissible except:
(a) Payment/recovery for increase/decrease in GST on works contract or
imposition/removal of any tax/cess on Works Contract as per Clause 37,
(b) Payment/recovery for overall market situation as per Price Variation Clause
given hereunder.
134
Base Month
Clause 46A.2 -Price Variation clause(PVC)
GCC April 2022
Date of Opening Base Month Quarter Commences from
20th July June July
30th July June July
46A.2 : The quarter for applicability of PVC shall commence from

the month following Base month.
The Price Variation shall be based on the average Price Index of

the quarter under consideration.
135
Clause 46A.10 -Price Variation Clause(PVC)
PVC during Extended Period:

• Increase or decrease shall be applicable upto the stipulated date of completion of work
including the extended period of completion (granted under clause 17-A).
• However, where extension of time has been granted due to Contractor’s failure under
Clause 17B of the GCC, price adjustment shall be done as follows:
• In case the indices increase above the indices applicable to the last month of original
completion period or the extended period under Clause 17A, the price adjustment for
the period of extension granted under Clause 17B shall be limited to the amount
payable as per the Indices applicable to the last month of the original completion
period or the extended period under Clause 17A of the Standard General Conditions of
Contract; as the case may be.
• In case the indices fall below the indices applicable to the last month of original/
extended period of completion under Clause 17A, as the case may be; then the lower
indices shall be adopted for the price adjustment for the period of extension under
Clause 17B of the Standard General Conditions of Contract.
136
Clause 46(A.10) -Sample Calculation of PVC
140
17(A) 17(B) 17(A)
BM Q1-Avg Q2-Avg LM M1 M2 M3 Q3 -AVG Q4-AVG
110 129 100 112 118 112 107 107 105 105 108 115
130
120
110
17(A) Q1-Avg; 129
17(A) Q2-Avg; 100

100
17(B) Q3 -AVG;
17(A) Q4-AVG;
17(A) BM; 110
17(B) M2; 107
17(B) M3; 105

17(B) M1; 118
17(A) LM; 112
17(B); 112
17(B); 107
17(B); 105
108
115
90
80
BM Q1-Avg Q2-Avg LM M1 M2 M3 Q3 - Q4-
AVG AVG
17(A) 17(B) 17(A)
137
Calculate :
W = Value of work done – Value of Cement & Steel
Value of Cement Cv = calculate cement from items
Value of Steel Sw = Gross value of Steel
138
Clause 46(A)-Price Variation Clause(PVC)
46A-4 Components - Labour, Fuel, PM, Detonators

& Explosives, Steel, Cement, Other materials.
• No price variation for fixed components (15%).
46A- 6. % of these component in various type of

works is given. ( Table )
139
Clause 46(A.6)-Price Variation Clause(PVC)
140
Classification :
• 5. Building Works :
• 5A All Item(s) excluding 5B or/and 5C or/and 5D or/and 5E
• 5B Item(s) for supply of Steel
• 5C Item(s) for supply of Cement
• 5D Item(s) for Fabrication & Erection of Structures including supply of Steel
• 5E Item(s) for Fabrication & Erection of Structures excluding supply of Steel.
141
46A.7 Formulae:
• 46A.7 Formulae: The Amount of variation in prices in various components (labour, material etc.) shall
be worked out by the following formulae:
• (i) L = ((W or WSF or WF or WSFL or WFL) x (LQ – LB) x LC) / LB x 100
• (ii) M = (W or WSF or WF or WSFL or WFL) x (MQ – MB) x MC / MB x100

• (iii) F = (W or WSF or WF or WSFL or WFL) x (FQ – FB) x FC / FB x 100
• (v) PM = (W or WSF or WF or WSFL or WFL) x(PMQ-PMB) x PMC / PMB x 100
• (vi) S = ( WS or WSF ) x (SQ-SB) x SC / SB x 100

• (vii) C = ( WC ) x (CQ – CB) x CC / CB x 100
142
L = W x (LQ – LB) x LC
LB 100
‘W’ for any quarter = Gross value of work done by contractor as per
on-account bill(s) - cost of materials supplied by Railway at fixed
price - the price values of cement and steel - specific payment, if any,
to be made to the consultants engaged by contractors
LB - Consumer Price Index for Industrial Workers - All India : Published in R.B.I.
Bulletin for the base period
LQ- CPI for Industrial Workers - All India : the average price index of the 3 months
of the quarter under consideration
LC – Component of Labour for that type of Work
S = Ws x (SQ – SB)/ SB C = Wc x (CQ – CB) / CB

143
(Labour) L= W x (LQ – LB) x LC
LB 100
(Material ) M = W x (MQ – MB) x MC

MB 100
( Fuel ) F= W x (FQ – FB) x FC

FB 100
( Explosive )E = W x (EQ – EB) x EC

EB 100
(Plant & M/c ) PM = W x (PMQ – PMB) x PMC

PMB 100
( Steel ) S = WS x (SQ – SB)/ SB
( Cement ) C = WC x (CQ – CB) x Cc / CB 144

Clause 46(A.7) -Price Variation Clause(PVC):
• W for any quarter =Gross value of work done by

contractor as per on-account bill(s) - cost of
materials supplied by Railway at fixed price - the price
values of cement and steel.
• W = Gross Value – Cement – Steel – Mrly – Conslt.
• This will also exclude specific payment, if any, to be made to

the consultants engaged by contractors (such payment shall
be indicated in the contractor’s offer)
145
• W Gross value of work done by Contractor as per on-account bill(s) excluding the
Gross value of work under WS or/and WC or/and WSF or/and WF or/and WSFL
or/and WFL and cost of materials supplied by Railway either free or at fixed rate,
• WS Gross value of work done by Contractor for item(s) of supply of steel.
• WC Gross value of work done by Contractor for item(s) of supply of cement and /or
supply of grout material.
• WSF Gross value of work done by Contractor for item(s) of Fabrication & Erection of
Structures including supply of Steel.
146
Clause 46A.7 -Price Variation clause(PVC)
• LB : Consumer Price Index for Industrial Workers - All India: Published in R.B.I. Bulletin for
the base period
• LQ : Consumer Price Index for Industrial Workers - All India: Published in R.B.I. Bulletin for
the average price index of the 3 months of the quarter under consideration
• MB : Wholesale Price Index: All commodities – as published in the R.B.I. Bulletin for the base
period
• MQ : Wholesale Price Index: All commodities – as published in the R.B.I. Bulletin for the
average price index of the 3 months of the quarter under consideration
• FB : The average of official prices of Diesel available on the official website of ‘Petroleum
Planning and Analysis cell’ under Ministry of Petroleum and Natural Gas for Delhi, Kolkata,
Mumbai &Chennai, for the base period
• FQ : The average of official prices of Diesel available on the official website of ‘Petroleum
Planning and Analysis cell’ under Ministry of Petroleum and Natural Gas for Delhi, Kolkata,
Mumbai &Chennai, for the 3 months of the quarter under consideration
• PMB : Index Number of Wholesale Prices in India by Groups and Sub Groups (Averages) for
‘Manufacture of machinery for mining, quarrying and construction’– published in RBI
(Reserve Bank of India) Bulletin, for the base period. GCC April 2022 73 147
Clause 46(A.7) -Price Variation Clause(PVC)
• PMQ : Index Number of Wholesale Prices in India by Groups and Sub Groups (Averages)
for ‘Manufacture of machinery for mining, quarrying and construction’– published in RBI
(Reserve Bank of India) Bulletin, for the average price index of 3 months of the quarter
under consideration.
• SB : The average rate provided by the Joint Plant Committee for the relevant category of
steel item as mentioned in Clause 46A.9; for the base period.
• SQ : The average rate provided by the Joint Plant Committee for the relevant category of
steel item as mentioned in Clause 46A.9; for the 3 months of the quarter under
consideration.
• CB : Index No. of Wholesale Price Index of sub-group Cement, Lime & Plaster as published
in RBI Bulletin for the base period
• CQ : No. of Wholesale Price Index of sub-group Cement, Lime & Plaster as published in
RBI Bulletin for the average price index of the 3 months of the quarter under
consideration
148
Clause 46(A.9) -Price Variation Clause(PVC)
• 46A.9: (1) Relevant categories of steel for the purpose of operating Price Variation formula as
mentioned in this Clause shall be as under:
149
46A.9:(2). Relevant city for referring “JPC (Joint Plant Committee)”rates of steel items
(SQ /SB) in different Zonal Railways shall be as under :
150
Steel Prices Rly. Bd. Circular : No. 2013/CE-1/CT/O/10/PVC/Pt. Dated 26.04.2022
Steel Prices of
Angle
Channel
TMT
PM Plates
151
Website : eaindustry.nic.in - Office of The Economic Adviser
152
CPI & WPI
Website : bulletin.rbi.org.in Item No. 19 & 21
153
Website : rbi.org.in WPI & CPI
154
155
Consumer Price Index for Industrial Workers
156
Reinforcement Bars – Mild Steel – Long Products :
WPI - Item No. 21/1.3/14.4
157
Cement : Cement, Lime & Plaster : WPI - Item No. 21/1.3/13.5
158
Website : https://eaindustry.nic.in/ WPI
https://eaindustry.nic.in
159
Thank you
160
21. Instruction of Engineer's Representative:
• Any instructions or approval given by the Engineer's
representative to Contractor in connection with the works
shall bind the Contractor as though it had been given by the
Engineer provided always as follows:
• (a) Failure of the Engineer's representative to disapprove any
work or materials shall not prejudice the power of the
Engineer thereafter to disapprove such work or material and
to order the removal or breaking up thereof.
• (b) If the Contractor shall be dissatisfied by reason of any
decision of the Engineer's representative, he shall be entitled
to refer the matter to the Engineer who shall there upon
confirm or vary such decision.
161
• 22.(1) Adherence to Specifications and Drawings:
The whole of the works shall be executed in perfect
conformity with the specifications and drawings of the
contract.
If Contractor performs any works in a manner contrary to the
specifications or drawings or any of them and without such
reference to the Engineer, he shall bear all the costs arising or
ensuing therefrom and shall be responsible for all loss to the
Railway.
• 22.(2) Drawings and Specifications of the Works:
The Contractor shall keep one copy of Drawings and
Specifications at the site, in good order, and such contract
documents as may be necessary, available to the Engineer or
the Engineer's Representative.
162
Meaning And Intent of Specification & Drawings :
(Clause 22(5)) (EXCEPTED MATTERS)
If any ambiguity to the meaning and intent of any

portion of the Specifications and Drawings or as to
execution or quality of any work or material, or as to
the measurements of the works-
 The decision of the Engineer shall be final.
 Subject to the appeal (within 7 days of such
decision being intimated to the Contractor) to the
Chief Engineer, whose decision in the matter in
dispute or doubt shall be final and conclusive.
(EXCEPTED MATTERS)
163
Working During Night : (Clause 23)
• The Contractor shall not carry out any work

between sun-set and sun-rise without the previous
permission of the Engineer.
• However, if the Engineer is satisfied that the work is
not likely to be completed in time except by
resorting to night work, he may order the same
without confirming any right on the Contractor for
claiming any extra payment for the same.
164
Sheds, Stores Houses And Yards : (Clause 25)
 The Contractor shall at his own expense provide as

per requirement in the opinion of the Engineer.
 The Engineer's representative shall have free access
for the purpose of inspecting the stock of materials or
plant.
165
Provision Of Efficient And Competent Staff At
Work Sites By The Contractor : (Clause 26)
1) Contractor shall keep efficient and competent staff to give
necessary directions to his workmen and to see that they
execute work in sound & proper manner.
2) The Contractor shall remove from works any agent/sub-
contractor/supervisor/workman/ labour who is objected to
by Engineer and if required by Engineer, he shall submit a
return showing names of all staff and workmen employed.
3) In the event of Engineer being of the opinion that Contractor
is not employing sufficient number of staff and workmen, the
Contractor shall deploy additional number of staff and labour
as specified by the Engineer within 7 days of being so
required. Failure on the part of Contractor will entitle the
Railway to rescind the contract under Cl. 62 of GCC.
166
26A : Deployment of Qualified Engineer at Work
sites By The Contractor : (Clause 26 A) GCC July 2020
 26A.1 The Contractor shall also employ qualified Graduate
Engineer(s) or equivalent, or qualified Diploma Engineer(s), as
prescribed in the tender documents.,
based on value of contract, as may be prescribed by the Ministry
of Railways through separate instructions from time to time.
 26A.2 In case the contractor fails to employ the Engineer, he shall
be liable to pay liquidated damages as prescribed in the tender
documents. by the Ministry of Railways through separate
instructions from time to time for the default period for the
provisions.
 26A.3 No. of qualified Engineers required to be deployed by the
Contractor for various activities contained in the works contract
shall be specified in the tender documents as ‘Special Condition
of Contract’. 167
Deployment of Qualified Engineer at Work sites By
The Contractor : (Clause 26 A)
(Rly Bd’s letter No.2012/CE-I/CT/O/20 dated 10-05-2013)
 Qualified Graduate Engineer - when cost of work to be

executed is Rs.200 lakhs and above,
 Qualified Diploma Holder Engineer - when cost of work to
be executed is more than Rs.25 lakh, but
less than Rs.200 lakh
 Default – Liable to LD of Rs. 40,000/ Rs. 25,000 per month

or part thereof
168
Deployment of Qualified Engineer at Work sites By
The Contractor :(Clause 26 A.3)
(Rly Bd’s letter No.2012/CE-I/CT/O/20 dated 10-05-2013)
Condition for not engaging the engineer can be kept by

Tender Inviting Authority, with approval at minimum
SAG level and reasons in writing
169
Facilities For Inspection: (Clause 28)
 The Contractor shall afford the Engineer and the
Engineer's Representative every facility for entering
in and upon every portion of the work at all hours
for the purpose of inspection or otherwise
 Provide all labour, materials, planks, ladders,
pumps, appliances and things of every kind required
for the purpose and
 The Engineer and the Engineer's Representative shall
at all times have free access to every part of the
works and to all places at which materials for the
works are stored or being prepared.
170
Examination Of Work Before Covering Up : (Clause 29)
 The Contractor to give 7 days’ notice to the Engineer or the
Engineer's Representative whenever any work or materials
are intended to be covered up in the earth, in bodies or walls
or otherwise to be placed beyond the reach of
measurements.
 Otherwise at the option of the Engineer or the Engineer's

Representative be uncovered and measured at the
Contractor's expense or no allowance shall be made for such
work or materials.
171
Temporary Works: (Clause 30)
 All temporary works for the proper execution shall be provided
and maintained by the Contractor and on the direction of Engineer
to be removed by him at his expenses after completion of work.
 If Contractor fail to remove the temporary works, the Engineer will
arrange and cost, as increased by supervision and other incidental
charges, shall be recovered from the Contractor.
 If temporary huts are provided by the Contractor on the Railway
land for labour engaged by him, the Contractor shall arrange for
handing over vacant possession of land after the work is
completed;
 If Contractor's labour refuse to vacate, and have to be evicted by
the Railway, necessary expenses incurred by the Railway in
connection shall be borne by the Contractor.
172
Property in Materials and Plant: (Clause 32)
 The materials and plant brought by the Contractor upon the
site or on the land occupied by the Contractor in connection
with the works and intended to be used for the execution
thereof, be deemed to be the property of the Railway.
 Such of them as rejected by Engineer or declared by him not
needed for execution of works or those which remain unused
after grant of certificate of completion may be removed by
contractor from the site.
 This in no way diminishes liability of Contractor or makes
Railway answerable for any loss or damage which may
happen due to same being lost, stolen, injured or destroyed
by fire, tempest or otherwise..
173
Safety of Public: (Clause 34.(4))
 The Contractor shall be responsible to take all
precautions to ensure the safety of the public whether
on public or railway property.
 Post look out men as advised of the
necessary
Engineer.
 Ensure placement of barricading / partitions at the
place of work to ensure safety of habitants of adjacent
area, otherwise Engineer may advise stoppage of work
as per his discretion.
174
Display Board: (Clause 34.(5))
 The Contractor shall be responsible for displaying the
details of works i.e.
• name of work,
• approximate cost,
• expected date of completion,
• name and address of the Contractor
• address of Engineer
 on a proper steel Board of size not less than 1m x 1m.
175
Suspension of Works: (Clause 36.(1))
 The Contractor shall on order of Engineer, suspend the
progress of works or any part thereof for such time and
manner as Engineer may consider necessary; if this is:
• Provided in contract, or
• Necessary for proper execution works/due to
of
weather conditions/by some on part of
default Contractor, or
• Necessary for safety of work.
Cl. 36(2) Contractor not entitled to extra costs for this.
But for suspension period exceeding 14 days, Contractor is

entitled for extension of time.
176
Suspension Lasting More than 3 months of Works:
(Clause 36.(3))
 Contractor may serve a notice on Engineer, requiring

permission within 15 days to proceed with the works.
 and if such permission is not granted within that time,
Contractor by further written notice, elect to treat the
suspension as an abandonment of the contract by the
Railway.
177
Handing Over of Works: (Clause 40(1))
 The Contractor to hand over the works, executed

under the contract to the satisfaction of the
Engineer.
 The Engineer determine the date on which the work

is considered to have been completed, and in his
certificate shall be considered as sufficient evidence
for all purposes.
178
Clearance of Site on Completion: (Clause 40(2))
 On completion of the works, the Contractor shall clear
the site to the satisfaction of the Engineer.
 No final payment shall be paid till site clearance shall
have been done by contractor.
 such clearance may be made by the Engineer at the
expense of the Contractor in the event of his failure
within 7 days after receiving notice to that effect.
 Railway shall not be held liable for any loss or damage to
the Contractor's property, may be affected by means of
public sales of such materials and property or in such a
way as deemed fit and convenient to the Engineer.
179
Off loading of works: (Clause 40A)
At the final stage of completion and commissioning of work,
 in case the contractor’s failure is limited to only some of the works
costing not more than 2% of the original contract value,
 Contractor should request that such works may be offloaded from
him and got executed through another agency and additional cost
incurred, if any, should be recovered from his dues;
 Engineer on being convinced that the anticipated additional cost
can be recovered from the dues of the contractor and that such
offloading will help in completion and commissioning of work, may
agree to such offloading.
 Will not have any adverse repercussion on the performance
guarantee and security deposit of the Contractor.
.....
180
Offloading of works: (Clause 40A)
 It is no compulsion to Engineer to agree to such request.
 Before issuing LOA to another agency, the Contractor shall be
informed of the rates and the Contractor should give his consent to
do so and certify that he would have no future claim on this
account and that the extra expenditure shall be recovered from
subsequent Bills or any other dues of the Contractor.
 In case the Contractor fails to give such consent within 3
working days, the Engineer may treat the same as not acceptable
to Contractor and proceed accordingly.
 In any case, Railway shall deduct 10% of cost of such work or Rs. 1
lakh whichever is lower, from the Contractor’s dues as
administrative charges irrespective of whether or not such work is
finally offloaded from Contractor or not.
181
CLAUSE – 45 & 46
MEASUREMENTS,
CERTIFICATES, PAYMENTS
Railway Board’s Letter
No. 2016/CE-I/CT/14/ Measurement, dated 21/09/2017
182
Measurement of Works: (Clause 45)
Clause:45(i)
 The date and time on which ‘on account’ or ‘final’
measurements are to be made shall be communicated to the
Contractor who shall be present at the site and shall sign the
results of the measurements recorded in the official
measurements book as an acknowledgement of his acceptance
of the accuracy of the measurements.
 Failing the Contractor's attendance, the work may be

measured up in his absence and such measurements shall,
notwithstanding such absence, be binding upon the Contractor
whether or not he shall have signed the measurement books
provided always that any objection made by him to
measurement shall be duly investigated and considered.
183
Clause:45(i)
a) It shall be open to the Contractor to take specific objection to any
recorded measurements or Classification on any ground within 7
days of the date of such measurements.
Any re-measurement taken by the Engineer or the Engineer's

representative in the presence of the Contractor or in his
absence after due notice has been given to him in consequence
of objection shall be final and binding on the Contractor and no
claim whatsoever shall thereafter be entertained regarding the
accuracy and classification of the measurements.
a) If an objection raised by the Contractor is found by the Engineer

to be incorrect the Contractor shall be liable to pay the actual
expenses incurred in measurements. 184
Measurement of Works by Contractors
RB’ Lt No. 2016/CE-I/CT/14/ Measurement/3 dt 21/09/2017
With the Amendments
in Para 1316 of Engg. Code by introduction of new
para 1316A (advance correction slip no 50) and in GCC
System introduce with stipulations

• Allowed in works tender having value > Rs 20 crore.
• 3 contracts of construction organization on each
zonal railway, to be decided by CAO(C)
• Provisions to be incorporated in tender document.
• Measurement shall be test checked by Rly within 45 days
of submission of measurement.
• 75% provisional payment.
185
Measurement of Works by Contractors
( Ref- Rly Bd lt no. 2017/Trans/01/Policy dt 08.02.2018)
It has been decided to extend the scope.
Allowed in works tender having value > Rs 5 crore,

with Approval of DRM/PHOD/CHOD without finance
concurrence.
186
Clause:45(ii)- Measurement of works by contractor’s Authorized
Representative (In case the contract provids for the same).
 The date and time on which ‘on account’ or ‘final’

measurements are to be made shall be communicated to the
Engineer.
 The date and time of test checks shall be communicated to the
contractor who shall be present at the site and shall witness the
test checks,
 failing the contractor’s attendance the test checks may be
conducted in his absence and such test checks shall be binding
upon contractor provided always that any objection made by
contractor to test check shall be duly investigated and
considered 187
Clause:45(ii)(a)
(i) It shall be open to the contractor to take specific objection to test
checks of any recorded measurement within 7 days of date of
such test checks. Any re-test check done by the concerned
Railway’s authority in the presence of the Contractor or in his
absence after due notice given to him in consequent of objection
made by the Contractor shall be final and binding on the
contractor and no claim whatsoever shall thereafter be
entertained regarding the accuracy and classification the
measurements. of
(ii) If an objection raised by the Contractor is found by the Engineer
to be incorrect the Contractor shall be liable to pay the actual
expenses incurred in measurement.
188
Measurement of Works: (Clause 45 - ii)
Clause:45(ii)(b)- Incorrect measurement, action to be taken:-
it is detected that agency has claimed by false measurement for the
works which have not been executed; amounting to variation of 5%
or more of claimed gross bill amount, then:
 On first occasion of noticing exaggerated/ false measurement,
Engineer shall recover LD of 10% of claimed gross bill value.
 On any next occasion of noticing any exaggerated/false

measurement railway shall recover LD of 15% of claimed gross
bill value. In addition the facility of recording of measurements by
contractor as well as release of provisional payment shall be
withdrawn. Once withdrawn, measurement shall be done by
Railway as per clause 45(i) above. 189
Measurement of Works by Contractor and
Provisional Payment (Engg. Code CS 50 dt
21/09/2017)
 Contractor’s MB: shall be arranged by Railway.
 Movement and upkeep of Contractor’s MB:
 Dy.CE in charge of work shall handover required no. of CMBs
to AEN/XENs for further issuance to contractor.
 CMB shall be registered in ‘Resister of MBs’
maintained in
Dy.CE’s office. Separate accountal of CMBs for
each agreement to be maintained.
 In case of change of ‘Contractor’s authorized engineer’ fresh
approval to be taken from Dy.CE/C before recording
measurement.
 While issuingCMB, AEN/XEN to take
acknowledgement on sheet no. 2A to 4A of CMB and keep
in safe custody. 190
21/09/2017)
 Processing Bill:
 Contractor shall take out used pages of CMB with one extra
blank page for processing bill, staple them for submission to
AEN/XEN along with bill, Keep photocopy with him.
 At the time of Final bill, submit all remaining CMBs.
 In case contractor requires provisional payment of on-a/c bill,
he shall submit provisional on account certificate for 75% of
amount of work done. He shall write ‘For Provisional
Payment’ on top of certificate.
191
21/09/2017)
 Processing Bill:
 Contractor shall take out used pages of CMB with one extra
blank page for processing bill, staple them for submission to
AEN/XEN along with bill, Keep photocopy with him.
 At the time of Final bill, submit all remaining CMBs.
 In case contractor requires provisional payment of on-a/c bill,
he shall submit provisional on account certificate for 75% of
amount of work done. He shall write ‘For Provisional
Payment’ on top of certificate.
192
On Account Payment Not Prejudicial to Final
settelment: (Clause 46.(3))
"On-Account" payments made to the Contractor shall be
without prejudice to the final making up of the accounts
(except where measurements are specifically noted in
the Measurement Book as "Final Measurements" and as
such have been signed by the Contractor) and
shall not be considered as evidence of any particular
quantity of work having been executed nor of the manner
of its execution being satisfactory.
193
Maintenance of works: (Clause 47)
The Contractor shall at all times during the progress and

continuance of the works and also for the period of maintenance
specified in the Tender Form after the date of passing of the
certificate of completion by the Engineer or any other earlier date
subsequent to the completion of the works that may be fixed by
the Engineer be responsible for and effectively maintain and
uphold in good substantial, sound and perfect condition all and
every part of the works and shall make good from time to time.
194
Certificate of Completion of Works: (Clause 48(1))
 As soon as, 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.
 Period of maintenance of the work shall commence from the
date of completion mentioned in such certificate.
 Completion certificate may also issued to any part of the work,
which has been both completed to the satisfaction of the
Engineer and occupied or used by the Railway 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.
195
Contractor Not Absolved By Completion Certificate:
(Clause 48(2))
 The Certificate of Completion shall not absolve the Contractor

from his liability to make good any defects imperfections,
shrinkages or faults which may appear during the period of
maintenance.
 These defects shall be made good by the Contractor at his
own cost.
 in case of default on the part of Contractor, the Engineer may
employ labour and materials or appoint another Contractor to
amend and make good such defects, imperfections, shrinkages
and faults and all expenses consequent thereon and incidental
thereto shall be borne by the Contractor and shall be
recoverable from any moneys due to him under the contract.
196
Final Supplementary Agreement : (Clause 48(3))
 After the work is completed or otherwise concluded

with mutual consent and taken over by Railway and
 there is unequivocal no claim on either side under the
Contract other than as mentioned in item 4 of Annexure
XIV,
 the parties shall execute the Final Supplementary
Agreement as per Annexure XIV.
197
Approval only by Maintenance certificate: (Clause 49)
No certificate other than maintenance certificate, if

applicable, shall be deemed to constitute approval of
any work or shall be taken as an admission of the due
performance of the contract or any part thereof or of the
accuracy of any claim or demand made by the
Contractor.
198
Maintenance certificate: (Clause 50.(1))
 The Contract shall not be considered as completed until
a Maintenance Certificate, if applicable, shall have
been
signed by the Engineer stating that the works have been
completed and maintained to his satisfaction.
 The maintenance Certificate shall be given by the Engineer upon
the expiration of the period of maintenance or as soon thereafter
as any defects /faults have been made good under Clause (48-2) to
the satisfaction of the Engineer.
 The Competent Authority to issue Maintenance Certificate shall
normally be the authority who is competent to sign the contract,
but not lower than of the rank of JAG
 The certificate should mention 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.
199
C essation of Railway ‘s Laibility : (Clause 50.(2))
The Railway shall not be liable to the Contractor for any matter
arising out of or in connection with the contract of the execution
of the works unless the Contractor shall have made a claim in
writing in respect thereof before the issue of the Maintenance
Certificate under this clause.
Unfulfilled Obligation : (Clause 50.(3))

Railway shall remain liable for the fulfillment of any obligation
incurred under the provision of the contract prior to the issue of
the Maintenance Certificate
the contract shall be deemed to remain in force even though
maintenance certificate has been issued.
200
Final Payment: (Clause 51(1))
 On the Engineer's certificate of completion, adjustment shall be
made and the balance of account shall be paid to the Contractor
subject to
 Contractor enclosing either a full account in detail of all claims he
may have on the Railway in respect of the works or having
delivered No Claim Certificate
 and the Engineer having after the receipt of such account given
a certificate in writing that such claims are not covered under
excepted matter i.e. Clauses 8, 18, 22(5), 39, 43(2), 45(a), 55, 55-
A(5), 57, 57A, 61(1), 61(2) and 62(1) to (xiii)(B) of GCC or in any
Clause (stated as excepted matter) of the Special Conditions of the
Contract, …………….
201
Post Payment Audit: (Clause 51.(2))
Railway reserves the right to carry out a post-payment
audit/technical examination of the works/final bill; and to make a
claim on the contractor for the refund any excess amount paid to
him till the release of security deposit or settlement of claims,
whichever is later, if such over-payment is discovered.
Production of Vouchers etc. by Contractor: (Cl 51.(3))

For contract of value more than Rs. 1 Crore, contractor shall,
whenever required, produce for examination by Engineer any
quotation/invoice/cost or other account/ book of accounts/
voucher/receipt/letter/ memorandum/ paper of writing/ any copy
of or extract from any such document and also furnish information/
returns as required for verifying/ ascertaining cost of execution of
contract and specifications of the material supplied.
202
Withholding and Lien in Respect of Sums Claimed: (Cl 52)
• For any claim arises out of or under the contract against the
Contractor, the Railway shall be entitled to withhold such
amount from the security deposit.
• If SD is insufficient or no SD has been taken from the Contractor,
the Railway shall be entitled to withhold from any sum found
payable / may become payable to the Contractor under the
same contract or any other contract with this or any other
Railway or any Department of the Central Government pending
finalization or adjudication of any such claim.
• Contractor will have no claim for interest or damages on any
account in respect of such withholding or retention.
203
Lien in Respect of Claims in other Contracts: (Cl 52)
• Any sum due and payable to the Contractor (including SD) under
the contract may be withheld or retained by the Railway, against
any claim of this or any other Railway or any other Department of
the Central Government under any other contract made by the
Contractor.
• Recovery of claims of Railway in regard to terminated contracts
may be made from the Final Bill, SD and PG of other contracts.
The PG submitted by the Contractor against other contracts may
be withheld and encashed. In addition, 10% of each subsequent
‘on-account bill’ may be withheld, if required, for recovery of
Railway’s dues against the terminated contract.
• Contractor will have no claim for interest or damages on any
account in respect of such withholding or retention.
204
59.(9) Restrictions on the Employment of Retired Engineers of Railway Services
Within One Year of their Retirement:
• 59.(9) Restrictions on the Employment of Retired Engineers of Railway Services Within One
Year of their Retirement:
• The Contractor shall not, if he is a retired Government Engineer of Gazetted rank, himself
engage in or employ or associate a retired Government Engineer of Gazetted rank, who has
not completed one year from the date of retirement, in connection with this contract in
any manner whatsoever without obtaining prior permission of the President and if the
Contractor is found to have contravened this provision it will constitute a breach of contract
and administration will be entitled to terminate the contract and forfeit his Performance
Guarantee as well as Security Deposit.
205

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Indian Railways

AN AGREEMENT ENFORCEABLE BY LAW IS CALLED A ‘CONTRACT’.

AGREEMENTS ENFORCEABLE BY LAW

If any one party of the contract is Government then it is called as

• Written Procedures for Uniform Implementation

• Each Para is numbered for easy reference

• Both for Railways and Contractors

• If any of the GCC Clause is to be varied, the same shall

• GCC 2014  GCC 2018  GCC-2019

GCC- July 2020 (16.07.2020)

5. Bid Security: (EMD)

(2) Removal Of Improper Work And Materials

60. (1) Non-Employment Of Labourers Before The Age Of 15 Years

ii. Schedule of Items, Rates & Quantities

iii. Special Conditions of Contract. In case of any conflict

iv. Technical Specifications as given in tender documents

This is to be clearly stated in the tender document

This is to be clearly stated in the tender document.

• “Railway” : President of the Republic of India or the

• “ENGINEER” : Divisional Engineer or the Executive Engineer,

• (m) “Contractor’s authorized Engineer” shall mean a

• (n) Date of inviting tender shall be the date of publishing

• 3. Tender Form: Tender Forms shall embody the contents of

• e-Tender Forms shall be issued free of cost to all tenderers.

• Discrepancies/ omissions should be notified by Tenderer to the

• It shall be understood that every endeavour has been made to

(2) The Earnest Money shall be deposited in cash through e-payment

The Bid Security shall be as under:

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

For works estimated to Rs. 2 lakh plus ½ % (half percent) of the

2% of the estimated tender value for works costing up to Rs one crore.

(i) To be rounded off to nearest Rs.100/-

• 6(a) (i) Before submitting a tender, the tenderer will be

• 6(a)(iv) In case the successful tenderer is not liable to be registered under

• 7. The Railway reserves the right of

• 7C. Make in India Policy: Provisions of Make in India Policy

• 6(b) The Tenderer(s) shall keep the offer open for a

• (d) In case Contractor submits the Term Deposit

LOWEST BIDDER May be without eligibility.

• 10.4 No Technical and Financial credentials are

 10.1.(b) (ii) In such cases, what constitutes a component in a composite

• Similar nature of works is to be clearly defined by

• In case of deviation / modification in the list of

V= Advertised value of the tender in crores of Rupees

• Reference -Para 10.2 & 17.15.2 of Tender Form (Second Sheet)

• 10.3 Bid Capacity: The tender/technical bid will be evaluated

Documents testifying tenderer previous experience and financial status should be

• It shall be mandatorily incumbent upon the tenderer to identify, state

(vi) (a) In case of any information submitted by tenderer is found to be false

• (b) In case of any information submitted by tenderer is found to be false forged or

(ii) Following documents shall be submitted by the tenderer:

• (iii) If it is NOT mentioned in the submitted tender that tender is being

• Note:-If information as required as per 16.a), b), c) above has

47. Maintenance Of Works

60. (1) Non-Employment Of Labourers Before The Age Of 15 Years

• "Contractor" shall mean the Person/Firm/Co-operative Society

• "Contract" shall mean and include the Agreement of Work

• The contract documents shall be signed in triplicate.

• If a work is transferred from the jurisdiction of one

• The contract shall be governed by the law for the time

• The Contractor shall conform to the provision of any

‘Not in writing’ shall not be recognized.

 All communications and references shall be deemed to have

 shall be deemed to have been so given in the case of posting on