Railway Accounts Department Examinations

Showing posts with label EMD. Show all posts
Showing posts with label EMD. Show all posts

Saturday, March 14, 2026

GCC for Works 2022 April - Correction Slip - ACS 11 of March, 2026

 




Click for ACS 11 to GCC for Works 2022 April


ACS No. 11 to the Indian Railways Standard General Conditions of Contract (GCC), April-2022, issued by Railway Board on 13-03-2026 and applicable prospectively to Works Contracts of Indian Railways.

Below is the item-wise explanation, clearly indicating what existed earlier and what is newly modified.


1. Bid Security (Para 5(1)(a) – Part-I of GCC-2022)

Existing Provision

Earlier, Bid Security depended on the value of the work. If the estimated cost of work was up to ₹1 crore, the bidder had to submit 2% of the estimated cost as Bid Security. For works above ₹1 crore, the Bid Security was calculated as ₹2 lakh plus 0.5% of the amount exceeding ₹1 crore, subject to a maximum limit of ₹1 crore.

Modified Provision

The revised rule simplifies the structure. For all works, irrespective of value, Bid Security will be 2% of the estimated cost of the work. The complicated formula linked to the ₹1 crore threshold has been removed.

Other Provisions (unchanged but reiterated)

  • Bid Security must be rounded off to the nearest ₹100.

  • Start-ups recognised by DIPP (Department for Promotion of Industry and Internal Trade) are exempt from Bid Security.

  • Labour Cooperative Societies need to submit only 50% of the Bid Security.


2. Sub-contracting Limit (Para 7(a)(i) – Part-II of GCC-2022)

Existing Provision

Earlier, the rule stated that the total value of work assigned to sub-contractors should not exceed 50% of the total contract value.

Modified Provision

The rule is now made stricter and more structured.

  • Sub-contracting is limited to a maximum of 40% of the contract price.

  • The contractor must execute at least 60% of the contract value directly under its own supervision and personnel.

Additionally, the revised provision clarifies that procurement of materials, hire of equipment, or engagement of labour by the contractor will not be treated as sub-contracting.


3. Performance Guarantee (Para 16(4) – Part-II of GCC-2022)

Existing Provision

Earlier, the successful bidder had to submit Performance Guarantee equal to 5% of the original contract value. One of the forms permitted was an Insurance Surety Bond, but this option was allowed only when the Date of Completion (DOC) was within 36 months. If the completion period exceeded 36 months, another form of security had to be submitted.

Modified Provision

The revised rule retains 5% Performance Guarantee, but adds important clarifications:

  • Additional Performance Guarantee may also be required as per clause 16(4)(h).

  • If the Date of Completion is extended, the contractor must submit extended Insurance Surety Bond / fresh Insurance Surety Bond / fresh Performance Security before expiry of the existing bond.

Thus, the emphasis is now on continuity and validity of security during extensions of contract period.


4. New Clause – Additional Performance Security for Abnormally Low Bids (Para 16(4)(h))

Earlier Position

There was no explicit clause dealing with additional security when a bidder quoted unusually low rates.

New Provision

A new rule has been introduced.

If a bid is accepted at rates below the advertised tender value, the bidder must submit Additional Performance Guarantee (APG).

Structure of APG:

  • Bid quoted between 0% to 5% below advertised value → No additional security

  • Bid quoted more than 5% below advertised value → Additional Performance Guarantee of 5%

This provision is intended to discourage abnormally low bids and protect project execution risk.


5. Bid Capacity Eligibility (Annexure VI)

Existing Provision

Earlier, this rule applied only to tenders with advertised value above ₹20 crore. In such cases, bidders were required to demonstrate available bid capacity equal to or greater than the bid value.

Modified Provision

The threshold has been reduced from ₹20 crore to ₹10 crore.

Now, for tenders above ₹10 crore, bidders must prove available bid capacity equal to or greater than the tender value.

This change expands the financial capacity check to a larger number of works contracts.


6. Illegal Gratification / Ethical Practices (Para 18(1))

Existing Provision

Earlier, the clause simply stated that if the contractor offered bribes, commissions, gifts, or undue advantage to Railway officials, the contract could be rescinded and losses recovered.

Modified Provision

The rule has been expanded into a detailed “Code of Integrity in Procurement” covering several prohibited practices. These include:

  • Corrupt Practice – offering or accepting bribes or rewards.

  • Fraudulent Practice – false information or misrepresentation in tendering.

  • Anti-competitive Practice – bid rigging, cartelization, or collusion.

  • Coercive Practice – threats or pressure affecting procurement decisions.

  • Conflict of Interest – relationships affecting impartial decision-making.

  • Undue Advantage – misuse of confidential information.

  • Obstructive Practice – interfering with investigation or audit.

This significantly strengthens procurement ethics and transparency provisions.


7. Punitive Provisions for Violation of Code of Integrity (Para 18(2))

Existing Provision

Previously, the rule mainly stated that if the contractor had monetary dealings with Railway employees, the Railway could cancel the contract and recover losses.

Modified Provision

The revised rule introduces detailed punitive measures if integrity violations are detected.

Possible actions include:

  • Forfeiture of Bid Security

  • Cancellation of contract

  • Recovery of payments including advances with interest

  • Debarment or banning from future tenders for at least one year

  • Reference to Competition Commission of India in anti-competitive cases

  • Initiation of disciplinary or criminal proceedings

This converts the earlier clause into a comprehensive penalty framework for procurement misconduct.


In summary, the Correction Slip mainly introduces:

  • Simplified Bid Security rule (2% for all works)

  • Stricter limits on sub-contracting (40%)

  • Provision for Additional Performance Security for low bids

  • Lower threshold for bid capacity check (₹10 crore)

  • Detailed integrity and anti-corruption provisions with penalties





Thursday, December 5, 2024

EMD & SD in Stores - Differences between

                                        


                                    
  Differences between EMD & SD in Stores 

EMD 

Earnest Money Deposit

SD

Security Deposit

Calculated on 

Tender Value

Contract value 

Rounded off to nearest higher

Rs. 10

Rs. 10

Up to Rs. 25 Lakhs

Nil

Nil

 

Rs. 25 Lakhs to Rs. 50 Crore

2%

5%

Maximum is Rs.20 Lakhs

Maximum is Rs. 50 Lahs

Above Rs. 50 Crore

Fixed Rs. 50 Lakhs

Fixed Rs. 1 Crore

(Global Tenders - No ceiling)

Valid for 

Final bid validity period plus 45 days 

Date of completion of all contractual obligations plus 60 days

If not submitted

Offers shall be summarily rejected

The EMD shall be forfeited and case be dealt with as that of withdrawal of offer by the Tenderer as per extant instructions

EMD 

Earnest Money Deposit

SD

Security Deposit

Forfeit 

If withdraws the Offer within validity  or 

If not submit the balance SD within 21 days in case of awarding the Stores contract

In case of failure by the Supplier to meet deliveries for any lot, Railway may cancel the Contract for default part by forfeiting SD commensurate to that lot

Exempted cases

1.Up to Rs. 25 Lakhs 

2. Govt Depts

3. Other Railways

4. Indian Ordnance factories

5. Railway PSUs

6. MSEs

1.Up to Rs. 25 Lakhs 

2. Govt Depts

3. Other Railways

4. Indian Ordnance factories

5. Railway PSUs

Exempted for Single Tender / PAC items

Hqrs: 

1. Personal Approval of TAA, not below the level of PCMM.

2. Finance concurrence not required

3. Decided on case to case basis 

4. Suitably incorporated in the Tender conditions

Field Units: 

1. Personal approval of TAA, but not below the SAG level 

2. Finance concurrence is required

3. Decided on case to case basis

4. Suitably incorporated in the Tender conditions

Hqrs: 

1. Personal Approval of TAA, not below the level of PCMM.

2. Finance concurrence not required

3. Decided on case to case basis 

4. Suitably incorporated in the Tender conditions

Field Units: 

1. Personal approval of TAA, but not below the SAG level 

2. Finance concurrence is required

3. Decided on case to case basis

4. Suitably incorporated in the Tender conditions

Debarment - exemption in case of False declaration 

6 Months

6 Months



Note: 

  1. In exceptional cases, Railways reserves the right to increase the upper ceiling of Security Deposit, up to 10% of the contract value.
  2. SD clause is applicable - Risk purchase clause shall not be applicable 
  3. SD clause is not applicable - Risk purchase clause shall be applicable 

 

LD – Liquidated damages for delayed supply

 

  • 0.5 % of the price of stores per week or part of the week of delay

 

  • Upper limit – 10% of the value of contract (irrespective of delays)

 

end






 

 

Monday, March 18, 2019

EMD – Earnest Money Deposit (as per GCC for Works – Nov, 2018)


EMD – Earnest Money Deposit
(as per GCC for Works – Nov, 2018)

ü  Earnest means – Showing sincere interest/serious in participating the Tender process, if awarded executing the Work for Organizations like Indian Railways.

ü  EMD – Earnest Money Deposit – means an earnest payment as specific form of Deposit to demonstrate that the applicant is serious/sincere to participate the Tender work and complete the work for orgnisations like Indian Railways, if awarded.

ü  EMD Rates are as follows.

Value of the Work
EMD Amount ( Rounded to a nearest Rs.100)
Up to Rs.1 Crore
2 % of value of the work
Beyond Rs. 1 Crore
Rs. 2 lakhs + 0.5 % of the excess of the estimated
cost of work beyond Rs.1 Crore

ü  Maximum EMD is Rs. One Crore only.

Examples for calculation of EMD under different circumstances: -
=======================================================
1.       Value of Work  - Rs. 25,60,520

2 % of Rs.25,60,520  - Rs. 51,210

Answer is Rs. 51,200 /- (Rounded off to a nearest Rs.100)
                 =======================================================
2.       Value of Work  - Rs. 4,00,00,000 ( Rs. Four Crores)

First one Crore
Rs.2,00,000 (Rs. Two Lakhs)
One Crore to Four Crore ( 3 Crores)
Rs.3 Crores x 0.5 % = Rs. 1,50,000 (Rs.1.5 Lakhs)
For Value of Rs.4 Crores
Rs.2 Lakhs plus Rs.1.5 Lakhs = Rs.3.5 Lakhs

                 =======================================================
3.       Value of Work  - Rs. Two Hundred Crores

First one Crore
Rs.2,00,000 (Rs. Two Lakhs)
One Crore to Two Hundred Crore ( 199 Crores)
Rs.199 Crores x 0.5 % = Rs.99,50,000
For Value of Rs.200 Crores
Rs.2,00,000 plus Rs.99,50,000 = Rs.1,01,50,000.  However maximum EMD is Rs.1 Crore.  So EMD is Rs.1,00,00,000/- ( Not Rs.1,01,50,000)

                 =======================================================
ü  EMD is applicable to all modes of Tenders such as Open, Limited, Single etc.

ü  Exemption for Submission of EMD – Firms recognized as “STARTUPS” by DIPP (Dept of Industrial Policy & Promotion.

ü  EMD of Successful Tenderer – Retained as part of Security Deposit.  But Railway shall return the EMD, if a Successful Tenderer submit “Term Deposit Receipt (TDR) / Bank Guarantee Bond towards the Full Security Deposit.

ü  EMD shall be deposited in Cash (through E-Payment Gateway) or as mentioned in Tender documents.

ü  EMD of unsuccessful Tenderers – Returned to them. But Railway is not liable to pay the depreciated value, if any or any interest on EMD.

ü  Forfeit of EMD:

1.       If the successful tenderer unable to submit the PG – Performance Guarantee within validity of time, or
2.       If the successful Tenderer resile/abandon from his offer, Or
3.       Modify the terms and conditions there of in a manner not acceptable to the Railways.
&&&&&&