Rail Coach Factory Kapurthala

RAIL COACH FACTORY, KAPURTHALA

Tender Document for Up-gradation of Tensile Testing Machines

Page 1 of 42 P.T.O.

APPLICATION / WORK ORDER

Work Contract For : Up-Gradation of Tensile Testing Machines of Rubber & Plastic Lab.

Tender No. : RCF/ MECH / M&C Lab / Up-gr.TM/09 dated 31/03/09

Type of Tender : Open Type Tender

Cost of the Tender : Rs. 1000/-

Earnest Money : Rs. 22000/-

Estimated cost of work : Rs. 10, 87000/- approximate

Completion period : 90 days

Time & Date of closer of sale : 12: 00 hrs on 30/06/2009 of tender document

Tender Closing Date & Time : At 14.45 Hrs dated 30/06/2009

Tender Opening Date & Time: At 15.00 Hrs dated 30/06/2009

Validity of the offer : 90 days form the date of opening

Name of Tenderer : Deputy Chief Chemist & Metallurgist

Address of Tenderer : Rail Coach Factory, Kapurthala ( Hussainpur)

Phone Number : 01822 -227721

Mobile Number : 977 92 - 41443

Fax Number : 01822 -228980

Name of Contractor : ------------------------------------------------------------ ------------------------------------------------------------ ------------------------------------------------------------ Address of Contractor : ------------------------------------------------------------ ------------------------------------------------------------ ------------------------------------------------------------

Signature of Contractor with seal

Note : Name of the Firm and Name of the work should be mentioned on the top of Envelope.

(Document for tender is non-transferable)



Page 2 of 42 P.T.O.

FORWARDING LETTER

Tender No. : RCF/ MECH / M&C Lab / Up-gr.UTM/09 dated 31/03/09 Issued to/Downloaded by: M/s. _________________________________________________ If the tender has been downloaded the application format/tender document from the website, the interested bidders should write their name and address in the space above and enclose cost of tender documents in acceptable form as mentioned in the tender documents along with the offer. The price of the tender document is paid for the above tenders vide DD/Money Receipt No. ______________________Dated ____________ Note: Tenderers to fill details of tender fee in form of Money Receipt/Deposit Receipt for tenders purchased in person or by post OR Demand Draft particulars for tenders down loaded from Web site deposited for the cost of tender 1. For tender sold in the office of the tender inviting authority, the tender document is issued

on request of the tenderer/(s) after having deposited the requisite cost of the tender document as stated above. The tender document is issued to these tenderers with further condition that they agree to abide by the conditions laid down in the tender document, before submitting the tender.

2. For tender documents downloaded from the official web site of the RCF the following

conditions strictly apply:--

a. The document has been downloaded by you from the official web site of RCF www.rcfkapurthala.com for submitting the bid. A Demand Draft (separate Demand Draft other than Earnest Money) for an amount equivalent to cost of tender document mentioned in tender notice in favour of FA&CAO, RCF, Kapurthala payable at Hussainpur towards the cost of tender document will have to be enclosed with the tender document. In case the offer is not accompanied with the valid demand draft for the cost of the tender document as detailed above, the tender will be summarily rejected.

b. Tenderer/(s) to please note that the document is being allowed to be downloaded with

further conditions that he/they agree to abide by the terms & conditions laid down in the tender document, before submitting his/their tender.


http://www.rcfkapurthala.com/



Page 3 of 42 P.T.O.

c. The total document from the first page to the last page where “END OF THE

TENDER DOCUMENT” is marked is to be downloaded and submitted along with the offer, otherwise the document will be treated as incomplete and therefore invalid.

d. The Railway before the due date & time of closure of issue of tender document on

its own or in response to any clarification requested or suggested by any person including that of the tenderer, may modify the tender document at its sole discretion. It will be the responsibility of the tenderers who had downloaded the document from the website to submit offer in the updated copy of the tender documents and Railway may not consider the offers downloaded form website if offer is not submitted in updated tender document.

All tender/(s) shall please also note that if any change/addition/deletion with malafide intention is made by the bidder and the same is detected at any stage even after award of the tender all necessary action including banning of business may be taken against the bidder. 3. All the above parts taken together shall constitute the complete tender document

hereinafter referred to as ‘Tender Document’ and have to be read together and acted upon accordingly .no part of the tender document can be relied up on or acted

Enclosure : Tender document containing _____ pages including cover page and this forwarding letter.

Dy.Chief Chemist & Metallurgist Rail Coach Factory, Kapurthala




Page 4 of 42 P.T.O.

IDEX

Sr. No. Description of headings Page No.

01. Application/Work Order 01-01 02. Forwarding letter 02-03 03. Index 04-04 04. Tender Notice 05-07 05. Information & Instruction of Tender 08-13 06. Acceptance of Tender by Tenderer 14-14 07. Special condition of the contract 15-31 08. Schedule of Rates 32-32 09. Miscellaneous condition 33-34 10. Scope of Work 35-36 11. Performance Bank Guarantee 37-38 12. Contract Agreement 39-40 13. Non-employee of RCF declaration 41-41




Page 5 of 42 P.T.O.

TENDER NOTICE Tender No : RCF/ MECH / M&C Lab / Up-gr.UTM/09 dated 31/03/09 Deputy Chief Chemist & Metallurgist, Rail Coach Factory, Kapurthala for and on behalf of the President of India, invites open sealed tenders in prescribed form, from experienced and reputed contractors for the following work:

Name of the work : Up-Gradation of Universal Tensile Testing Machines of Rubber & Plastic Lab.

Type of Tender : Open Tender

Cost of Tender Document : Rs. 1,000/-

Earnest Money : Rs 22000/

Estimated Cost of Work (Approximate) :

Rs 10,87,000 /-

Completion Period/Period of Contract :

90 days

Time and Date for Closure of Sale of Tender Document :

12:00 Hrs on 30.06.2009

Time and Date for Closure for Submission of Tender Document :

14:45 Hrs on 30.06.2009

Tender Opening Date and Time : 15.00 Hrs on 30.06.2009

Validity of Offer from Date of Opening :

90 Days

Sale of tender Forms: Prescribed tender documents will be available for sale at from the office of Chemist & Metallurgist, Rail Coach Factory, Kapurthala between 10:30 hrs to 16.00 hrs on all working days on or before 30.06.2009 (except 30.06.2009/up to 12.00 hrs only). Sealed tenders will be accepted up to 14:45 Hrs on date of tender opening. The tenders will be opened at 15:00 Hrs on the same day in presence of available tenderers. Tender forms can be dispatched by Registered post only if a valid request is received at least 10 days prior to date of tender opening along-with cost of tender




Page 6 of 42 P.T.O.

documents. However Railway will not be responsible for any delay in receipt of tender document by post. 1. The cost of the tender form (non-refundable) can be remitted in the form of

deposit receipt or money receipt issued by RCF/Demand draft/Pay order in favour of FA&CAO, RCF, Kapurthala payable at Hussainpur should be produced for getting the tender form in person or by post.

2. The tender notice & tender documents will also be available on RCF’s official web site www.rcfkapurthala.com. The same can be downloaded and used as tender document for submitting the tender. This facility is available free of cost. However, the cost of the tender form (non-refundable) can be remitted in the form of deposit receipt issued by RCF/Demand draft/Pay order in favour of FA&CAO, RCF, Kapurthala payable at Hussainpur which should be enclosed with the Tender Form while dropping the tender. In case the downloaded tender is not accompanied with the valid proof of deposit of cost of the tender, the tender will be summarily rejected.

3. Tender not accompanied with required earnest money in the requisite form as mentioned in the tender document shall be summarily rejected.

4. Tender forms are non-transferable and offers should be submitted in prescribed tender document as issued by the Railways/down loaded from web/Internet only.

5. Conditional tenders are liable to be rejected. Railway reserves the right to cancel the tender without assigning any reason whatsoever.

6. Offers with validity of offer less than what is prescribed in the tender documents will be rejected summarily.

7. If the date of opening happens to be a BANDH or HOLIDAY, the tender will be opened at the same time on next/forthcoming working day.

8. Tender documents duly completed in all respect shall be dropped in the Tender Box kept for the purpose in the office of Chemist & Metallurgist, RCF, Kapurthala before the date and time indicated above.

9. Non compliance with any of the conditions set forth herein above is liable to result in the tender being rejected. The railway reserves the right to cancel the tender without assigning any reason.

10. Any other information required by the tenderer can be obtained from the office of Chemist & Metallurgist, RCF, Kapurthala, RCF, Kapurthala during working hours.

Dy.Chief Chemist & Metallurgist Rail Coach Factory, Kapurthala

For and on behalf of President of India


http://www.rcfkapurthala.com/



Page 7 of 42 P.T.O.

SUMMARY OF INFORMATION PERTAINING TO TENDERER ( to be filled by tenderer)

Contact Details

Name of contractor/Firm Contact person with designation (in Case of Firms)

Postal Address PIN Phone Number with STD Code Mobile No.

E – Mail ID (If Any) Tender Fee Details (in Case of tender documents being Down Loaded from Web Site)

DD/NUMBER & DATE NAME & PLACE OF BANK AMOUNT (Rs.) EMD Details DD/MR NUMBER

& DATE NAME & PLACE OF

BANK / Name of station

AMOUNT (Rs.)

Valid up to

Power of Attorneys if applicable Partnership deed if applicable Partnership deed

Details Name of Notary Valid up to Original submitted or

not. Previous Experience in Similar Work: Name & Nature of

work Value of the Work Completed Date of Completion

The contractor may use additional page to furnish details if the space provided in this form is inadequate. Necessary documents in support of the information about the experience will have to be enclosed.




Page 8 of 42 P.T.O.

INFORMATION & INSTRUCTIONS FOR TENDERER/(S)

The President of India acting through Deputy Chief Chemist & Metallurgist, Rail Coach Factory, Kapurthala hereinafter called the “Tender Inviting Authority” has invited open tenders for the work specified in the Tender Notice from the tenderer/(s) who qualify the eligibility criteria given in the tender notice. 1. Tender Inviting Authority & Address for the purpose of the tender is given ---

Dy.Chief Chemist & Metallurgist/Rail Coach Factory, Kapurthala For and on behalf of President of India

2. The Tenderer is advised to study the Tender Document carefully. The Tenderer/(s) shall also acquaint himself/ themselves with the local conditions, nature of work and all other matters pertaining thereto.

3. The Tenderer must obtain for himself, on his own responsibility and at his own expense, all information, which may be necessary for the purpose of making the Tender offer and entering into Contract.

4. The submission of the Tender shall be deemed to have been done after careful study and examination of the Tender Document with full understanding of the implications thereof. Any clarification required by a Tenderer shall be obtained from the Office of the Tender Inviting Authority on any working day during office hours.

5. The tenderer/(s) shall strictly adhere to the form of tender specified by the Railway. Tenders not submitted in this form are liable to be rejected.

6. Complete tender document along with accompaniments shall be sealed in an envelope, super-scribing boldly:

Tender No : RCF/ MECH / M&C Lab / Up-gr.UTM/09 dated 31/03/09

Tender due for open on : 15.00 Hrs on 15.06.2009 Name of work : Up-Gradation of Universal Tensile Testing

Machines of Rubber & Plastic Lab.

The tender shall be addressed to:

Dy.Chief Chemist & Metallurgist Rail Coach Factory, Kapurthala For and on behalf of President of India




Page 9 of 42 P.T.O.

7. The complete Tender document shall be dropped in the Tender Box placed in

the Office of the Tender Inviting Authority not later than due date and time of closing.

8. Such Tenders as cannot be dropped in the Tender Box due to large size, shall be handed over to the CMS-I/Store (M&C Lab) in the office of CMT/RCF not later than the date and time prescribed and a receipt thereof obtained.

9. Tenders sent by post shall be sent by Registered Post acknowledgement due, so as to reach the Office of the Tender Inviting Authority not later than 14:30 hrs on date of opening of tender. Tenders received late will not be considered.

10. The quantities shown in the attached schedule are given as a guide and are

approximate only and are subject to variations according to the needs of the Railway. The Railway does not give any guarantee about work under each item of the schedule.

11. All offers shall be written neatly without any correction and over writing.

Tenders containing erasures and/or alterations of the tender documents are liable to be rejected. Any corrections made by the Tenderer/(s) in his/their entries must be attested by him/them.

12. The contract will remain in force for a period of 90 (Ninety days) from the commencement of the work.

13. The Tender shall be signed by individual/(s) legally authorized to enter into

commitments on behalf of the Tenderer. Any individual/(s) signing the Tender Documents or other documents connected therewith should specify whether he is signing --

i. As a Sole Proprietor of the firm or Attorney of the Sole Proprietor; ii. As a Partner or Partners of the firm; iii. As a Director, Manager or Secretary in a Limited Company.

14. In the case of a firm not registered under the Indian Partnership Act, all the partners or

the Attorney duly authorized by all of them should sign the Tender Document and all other concerned documents.

Requisite Power of Attorney or such other documents empowering the individual or individuals to sign should be furnished along with the Tender.




Page 10 of 42 P.T.O.

15. Partnership deeds, Power of Attorney etc: The tenderer shall clearly specify whether the tender is submitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf of a partnership concern, he should submit the certified copy of partnership deed along with the tender and authorization to sign the tender documents on behalf of partnership firm. If these documents are not enclosed along with tender documents, the tender will be treated as having been submitted by individual signing the tender documents. The Railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

The tenderer whether a sole proprietor, a limited company or a partnership firm, if they want to act through agent or individual partner/partners should submit along with the tender or at a later stage, a power of attorney duly stamped and authenticated by a Notary Public, or by Magistrate in favour of the specific person whether he/they be partner/partners of the firm or any other person specifically authorizing him/them to submit the tender, sign the agreements, receive money, witness measurements, sign measurement books, compromise , settle, relinquish any claim or claims preferred by the firm and sign “ No Claim Certificate” and refer all or any disputes to arbitration.

16. Employment / Partnership etc. of Retired railway employees. :

(a) Should a tenderer be retired engineer of the Gazetted rank or any other Gazetted Officer working before his retirement, whether in the executive or administrative capacity, or whether holding a pensionable post or not, in Railways, or should a tenderer being partnership firm have as one of its partners a retired engineer or retired Gazetted officer of Railways as aforesaid or should a tenderer being a incorporated company have any such retired officer as one of its Directors, or should a tenderer have in his employment any retired engineer or retired Gazetted Officer as aforesaid, full information as to the date of retirement of such engineer or Gazetted Officer from the said service and in case when such engineer or officer has not retired from government service at least two years prior to the date of submission of the tender as to whether permission for taking such contract or if the contractor be a partnership firm or an incorporated company to become a partner or Director as the case may be or to take employment under the contractor, has been obtained by the tenderer or the Engineer or officer as the case may be from the President of India or any officer, duly authorized by him in this behalf, shall be clearly stated in writing at the time of submitting the tender. Tenders without the information above referred to or a statement to the effect that no such retired engineer or retired Gazetted Officer is so associated with the tenderer, as the case may be, shall be liable to be rejected.





(b) Should a tenderer or contractor being an individual on the list of approved contractors

have a relative or relatives, or in the case of partnership firm or company of contractors one or more of his shareholders or relatives of the shareholders employed in a Gazetted capacity in RCF, the authority inviting tenders shall be informed of the fact at the time of submission of tender, failing which the tender may be disqualified or if such fact subsequently comes to light, the contract may be rescinded in accordance with the provisions in Clause 62 of the General Conditions of Contract.

17. Every Tenderer shall state in the Tender his postal address fully and clearly. Any communication sent in time to the Tenderer by post at the said address shall be deemed to have reached the Tenderer duly and in time. He shall also give Telephone/Mobile and Fax number for communication.

18. The tenderers should also sign at the foot of each page of the tender document.

19. Earnest Money:

(a) The tender must be accompanied with requisite Earnest money mentioned in the tender notice, deposited in cash or in any of the forms as mentioned below drawn in favour of FA&CAO, RCF, Kapurthala payable at Hussainpur, failing which the tender will not be considered.

i) Deposit receipt, Pay orders and Demand drafts. These forms of earnest

money could be either of the State Bank of India or of any Nationalized Bank. No confirmatory advice from the Reserve Bank of India will be necessary.

ii) Deposit receipt executed by the Scheduled Banks (other than the State

Bank Of India and the Nationalized Banks) approved by the Reserve Bank Of India for the purpose. The Railway will not, however, accept, any such deposit receipt without getting in writing the concurrence of the Reserve Bank Of India.

Any request for adjustment of Earnest Money against outstanding bills for the present tender, or through cheque, Govt. securities or any form other than those specified above shall be summarily rejected.

(b) The Tenderer/(s) shall keep the offer open for a minimum period of 90 days

from the date of opening of the Tender. It is understood that the tender document has been sold/issued to the Tenderer(s) and the Tenderer(s) is/are permitted to tender in consideration of the stipulation on his/their part that after submitting his/their tender subject to the period being extended further if required by mutual agreement from time to time, he will not **resale** from his





offer or modify the terms & conditions thereof in a manner not acceptable to Railway. Should the Tenderer fail to observe or comply with the foregoing stipulation, the amount deposited as Earnest Money for the due performance of the above stipulation shall be forfeited.

(c) If the tender is accepted, the amount of Earnest Money will be retained and

adjusted as Security Deposit for the due and faithful fulfillment of the contract. This amount of Security Deposit shall be forfeited without prejudice to any other right or remedies if the tenderer does not execute the contract agreement after acceptance of the tender within 07 days after receipt of notice issued by Railways that such documents are ready and/or the tenderer does not commence the work within 03 days from the date of issue of acceptance letter.

The Earnest Money of the unsuccessful tenderer/(s) will be returned to the

unsuccessful tenderer/(s) within a reasonable time but the Railway shall not be responsible for any loss or depreciation that may happen to the Security for the due performance of the stipulation to keep the offer open for the period specified in the tender documents or to the Earnest Money while in their possession, nor be liable to pay interest thereon.

20. Rights of the Railway to deal with tender: The authority for the acceptance of the tender shall remain lie with Railways. It shall not be obligatory on the said authority to accept the lowest or any other tender and no tenderer/(s) shall demand any explanation for the cause of rejection of his/their tender nor does the Railway undertake to assign reasons for declining to consider or reject any particular tender or tenders.

21. If the tenderer/(s) deliberately gives/give wrong information in his/their tender,

or creates/create circumstances for the acceptance of his/their tender and if it is found at any stage of the finalization of the tender or during actual execution of the work that the information furnished in this tender including clarifications is incorrect, the Railway reserves the right to reject such tender at any stage and black-list the firm.

22. If the tenderer/(s) expire/(s) after the submission of his tender or after the

acceptance of his tender, the Railway shall deem such tender as cancelled. If a partner of a firm expires after the submission of their tender or after the acceptance of their tender the Railway shall deem such tender as cancelled unless the firm retains its character.

23. Tenderers credentials: - Documents testifying tenderers previous experience

and financial status should be produced along-with the tender or when desired by competent authority of RCF. Tenderer(s) who has/have not carried out any work so far on this Railway and is/are not borne on the approved list of





contractors of RCF should submit along with his/their tender credentials to establish

(i) His capacity to carry out the works satisfactorily. (ii) His financial status supported by bank references & other documents.

Certificates duly attested and testimonials regarding contract experience/(s) for the type of job for which tender is invited with list of works carried out in past. 24. For evaluation of Tenderer's offer, it may be necessary to seek certain

clarifications. Railway shall seek such clarification in writing or through telegram/cable/Telex/FAX.

25. Sales Tax/Commercial Tax/Works Contract Tax: Taxes prescribed by the Central government/State Government/Local bodies at the rate prescribed by them will be recovered from the Running Bills of firm.

26. The tender should avoid any type of ambiguity in his offer and his offer should preferably be in standard sizes/lengths/dimensions.

Seal & Signature of Tenderer Deputy Chief Chemist & Metallurgist Rail Coach Factory, Kapurthala





ACCEPTANCE OF TENDER (By Tenderer)

Tender No. : RCF/ MECH / M&C Lab / Up-gr.UTM/09 dated 31/03/09 Work Contract For : Up-Gradation of Universal Tensile Testing Machines of

Rubber & Plastic Lab. The President of India, Acting through Deputy Chief Chemist & Metallurgist Rail Coach Factory, Kapurthala-144 602 I/We _______________________________________________________________ have read and understood various conditions, specifications & instructions attached hereto and agree to with the aforesaid conditions, specifications & instructions. I/We also agree to keep this tender open for acceptance for a period of 90 days from the date fixed for opening the same and in default thereof, I/We will be liable for forfeiture of my/our “Earnest Money". I/We offer to do the said work for RCF, at the rates quoted in the attached schedule and hereby bind myself/ourselves to complete the work in all respects within the stipulated completion period mentioned in the tender notice of the work. I/We also hereby agree to abide by the General Condition of Contract corrected up to Aug’ 98 with all printed/advance correction slips issued till date of NIT and to carry out the work according to the all terms and conditions and standard specifications of materials and work as laid down by Railways for the present contract. A sum of Rs. _________________________ (in words ______________________________ _____________________________________) herewith forwarded as Earnest Money. The full value of the earnest money shall stand forfeited without prejudice to any other right or remedies in case my/our tender is accepted and if:-

• I/We do not execute the contract documents within seven (07) days after receipt of notice issued by the Railways that such documents are ready, and

• I/We do not commence the work within seven (07) days after receipt of Letter of

Acceptance from Railways. Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a binding contract between us subject to modifications as may be mutually agreed between us and indicated in the letter of acceptance of my/our offer for this work.





I/We have in my/our possession a copy of all the conditions of contract, rates, specifications, etc. embodied therein and agree to abide by the same. Name & Signature of Witnesses: Name & Signature of Tenderer/(s) 1) ---------------------------------- --------------------------------------- Dated: -------------------------- Dated: -------------------------- 2) ---------------------------------- Dated: -------------------------- Address of the Tenderers/(s) ------------------------------------------ ------------------------------------------ ------------------------------------------ Deputy Chief Chemist & Metallurgist Rail Coach Factory, Kapurthala-144602





SPECIAL CONDITIONS OF CONTRACT (GENERAL)

1.0 DEFINITIONS: The following definitions shall apply throughout this tender

document. 1.1 ‘The Railway’ shall means the President of the Republic of India or the Administrative

Officers of the Railways or the Representative of Railway authorized to deal with any matters which these presents are and concerned on his behalf.

1.2 ‘Engineer’ shall mean the Deputy Chief Chemist & Metallurgist/RCF or any of his

representatives. 1.3 "Engineer representative" shall mean the Chemist & Metallurgist/RCF or any other

CMS-I of M&C or any other supervisor/staff of M&C deputed/nominated by Deputy Chief Chemist & Metallurgist/RCF.

1.4. The "Railway Administration" means Rail Coach Factory administration acting on

behalf of the President of India through “Chief Mechanical Engineer, RCF, Kapurthala” or his representative viz. Chief Quality Manager, Deputy Chief Chemist & Metallurgist, Chemist & Metallurgist, Assistant Chemist & Metallurgist or any other nominated officer of Railways.

1.5 The "Inspecting officer/Inspector/official" means the official, firm or department nominated by the Railway Administration to inspect the work on his behalf. 1.6 The "contractor" means the person, firm or company on whom the order for the

execution of the work is placed and shall be deemed to include the contractor’s successors (approved by the “Railway Administration”). Their representative(s), executors or the administrator(s), as the case may be unless excluded by terms of the contract.

1.7 "Contract" means and includes Agreement of Work order, the accepted schedule of

rates and quantities, General Conditions of Contract, Special Conditions of Contract, the drawing (if any), the specifications pertaining to this work issued by Railways and tender forms, if any.

1.8 “Works “shall mean the work to be executed in accordance with the contract. 1.9 “Specifications” shall mean specification for material and works issued by Railway

Administration or as amplified/added or suppressed by Special specifications any mentioned/appended in/to the tender form.





1.10 "Drawing" shall mean the drawing Plans & Tracings or prints thereof annexed to the

Tender Forms, if any and issued by Railways subsequently with changes or modifications.

1.11 All other terms and conditions have the same meaning as assigned to them in the

General Conditions of Contract (GCC) and standard specifications. 1.12 Singular & Plural: Works imparting the singular number shall also include

plural and vice-versa where the context requires. 1.13 Compliance to regulations and bye-laws: The contractor shall confirm to the provision

of any statute relating to the works and regulations and bye -laws of any local authority and of the water and lighting companies or undertakings with whose system the work is proposed to be connected and shall before making any variation from the instructions or the specifications that may be necessitated by giving notice to the Engineer specifying the variation proposed to be made and the reason for making the variation and shall not carry out such variation until he has received instructions form the Engineer in respect thereof. The contractor shall be bound to give all notices required by the statute, regulations or bye laws as aforesaid and to pay all fees and taxes payable to any authority in respect to thereof.

1.14 Where there is any conflict in conditions/specifications contained in various parts,

orders of precedence will be as given below –

I. Any footnote given by the Railway in the schedule of quantities and rates. II. Description of item in the Schedule of quantities and rates.

III. Special Specifications. IV. Additional Special Conditions of contract. V. Standard Specifications.

VI. Special Conditions of Contract. VII. General Conditions of Contract.

The General Conditions of Contract for Works in the Rail Coach Factory Kapurthala can be seen at any time during office hours at the above office or can be had on payment from RCF. Every endeavor has been made to avoid any error which can materially affect the basis of the Tender and it is understood that the Contractor has taken up on himself and provided for the risk of any error which may be subsequently and shall make no subsequent claim on account thereof.





2. DEVIATIONS:

2.1 Unless specifically provided otherwise in the tender, any and all exceptions

which the Tenderer may have to any of the Clauses of the General Conditions of Contract or Special Conditions of Contract or specifications as included in the tender shall be clearly stated. Such exceptions shall be listed separately by the tenderer himself. If such list is not enclosed with tender document, it shall be conclusive evidence that the General Conditions of Contract, Special Conditions of Contract and all other conditions, specifications etc. mentioned in this tender document are entirely acceptable to the Tenderer.

2.2 Any Deviations from these Special Conditions of Contract and the Additional

Special Conditions of Contract if any stated by the tenderer in his tender or subsequently introduced by Railway shall be a part of the Contract only to such extent as have been explicitly accepted by the Railway and incorporated in the contract.

2.3 The Railway reserves the right to reject the offer summarily or can call upon

the tenderer to withdraw such conditions, if the exception/deviation mentioned is not acceptable to Railways.

3 SECURITY DEPOSIT:

3.1 The Security deposit will be at a flat rate of 5% of the Accepted Value.

3.2 The Earnest Money deposit of successful tenderer will be retained as a part of Security Deposit. The amount over and above the Earnest Money so retained to make-up the full Security deposit will be recovered from each running bill at the rate of 10% of the bill amount till the full security deposit is recovered. The balance to make-up the full security deposit will be recovered only from the running bills. Bank Gurantee, Fixed Deposit receipts; Government Securities etc will not be accepted for Security Deposit.

3.3 No interest shall be payable on Security Deposit. 3.4 Security Deposit will be returned to the contractor only after:--

a. An unconditional and unequivocal “No Claim Certificate” is signed by the contractor and submitted to the Railway Engineer.

b. Certification by the contract signing authority but not less than the rank of a JA Grade officer for having completed the work satisfactorily and there are no dues pending for recovery from the contractor.





3.5 Payment of security Deposit: - The total security deposit shall become due and

shall be paid to the Contractor after completion of warranty period of the contract, specified in the Tender reckoned from the date on which the Engineer shall have passed the certificate of the completion from comprising the whole of the works to be done under the provision of the contract or any other earlier date subsequent to the completion of the whole of such work that may be fixed by the Railway in this behalf, provided that all the stipulation of the clause have been fulfilled by the Contractor and all claims and demand made against Railways for and in respect of damage or loss by the firm itself or in consequence of the works have been finally satisfied.

4.0 PERFORMANCE GUARANTEE:

(a) The successful bidder shall submit a performance guarantee (PG) amounting

up-to 5% of the contract values, in any of the following forms:-

• Irrevocable Bank Guarantee,

• Government Securities including State Loan Bonds at 6 % below the

market value.

• Deposit Receipts, Pay Orders, Demand Drafts & guarantee Bonds.

• Guarantee Bonds executed or Deposit Receipts tendered by all

Scheduled Banks

• A Deposit in the Post Office Saving Bank

• A Deposit in the National Savings Certificates

• Twelve years National Defence Certificate

• Ten years Defence Deposits

• National Defence Bonds &

• Units Trust Certificate at 5 percent below market value or at the face

value whichever is less

• All FDR in favour of FA&CAO/RCF/Hussainpur, (free from any

encumbrance),

(b) The performance guarantee shall be submitted by the successful contractor after the letter of acceptance has been issued, but before signing of the agreement. The agreement is to be signed within 07 (seven) days after the issue of LOA and the required performance guarantee has to be submitted





within this time limit. This guarantee shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case, the time of completion of work gets extended the contractor shall get the validity of performance guarantee extended to cover such extended time for completion of work plus 60 days.

(c) The Engineer shall not make a claim under the Performance Guarantee

except for amounts to which the President of India is entitled under the contract ( not withstanding and for without prejudice to any other provisions in the contract agreement) in the event of;

i) Failure by the contractor to extend the validity of the Performance

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

ii) Failure by the contractor to pay President of India any amount due,

either as agreed by the contractor or determined under any of the Clause/Conditions of the agreement, within 30 days of the service of notice to this effect by Engineer.

iii) The contract being determined or rescinded under provision of the GCC

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

(d) The successful tenderer shall give a performance guarantee which shall be in

the format as prescribed by the Railway Engineer. (enclosed as Annexure-B) Performance guarantee will be released after satisfactory completion of work & maintenance/warranty period. The procedure for the release of performance guarantee will be the same as for Security Deposit i.e. after certification of satisfactory completion of work as well as maintenance/warranty period by the contract signing authority but not less than the rank of JA grade officer after receipt of an unconditional and unequivocal” No Claim Certificate” duly signed by the contractor.

(e) Whenever the contract is rescinded, the security deposit will be forfeited and

Performance Guarantee en-cashed and balance work shall be got done separately & independently without any risk & cost on the original contractor The Original contractor will however be debarred from the participating in the tender for executing the balance work. In case the failed contractor is a joint venture or a partnership firm then each member/partner of such firm would be debarred from participating in the tender for the balance work either in his /her individual capacity or as a partner of any other joint venture/partnership firm. The contractor cannot make any legal claims against the same.





5. RENEWAL OF DEPOSITS BY CONTRACTOR: In the case of Contractor

depositing security deposit in the shape of fixed deposit receipt, it shall be the responsibility of the Contractor to advise the FA&CAO, RCF for renewal and revalidation of the currency period of the fixed deposit as required. Such advice by the Contractor shall be made well in advance so as to reach the FA&CAO, RCF not later than one month before the maturity of the currency period. If the contractor, fails to do so, the loss of interest on the fixed deposits, if any shall be solely on the contractor’s account and the railway shall not in any way be responsible for the loss of interest suffered by the contractor.

6. RENEWAL OF BANK GUARANTEE: The Bank Guarantee submitted towards

Performance Guarantee shall be renewed from time to time as per the extension of contract granted to the contractor either on Railway account or contractor account as otherwise the same will be deducted in full from the dues of the contractor.

7. PLEA OF CUSTOM: The plea of custom prevailing will not on any account be

permitted as an excuse for an infringement of any of the conditions of the contract and/ or special conditions of contract.

8. PARTNERSHIP DEEDS, POWER OF ATTORNEY ETC:

8.1 Railway will not be bound by Power of Attorney granted by the tenderer or by

the changes in the composition of the firm made subsequent to the execution of the contract. It may, however, recognize such powers of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

8.2 No power of attorney in favour of any individual person will be acceptable if it

is irrevocable except when it is in favour of bank.

8.3 In case where the power of attorney/partnership deed has not been executed in Hindi or English, the true and authenticated copies of the translation of the same by advocate, authorized translators of Courts and Licensed petition writers should be supplied by the contractor/(s) while tendering for the work.

9.0 AGREEMENT: Until a formal agreement is prepared and executed,

acceptance of this tender shall constitute a binding contract between us and indicated in the letter of acceptance of my /our offer for this work.

The successful tender(s) shall have to execute Agreement with the President of India acting through Deputy Chief Chemist & Metallurgist, Rail Coach Factory, Kapurthala





for carrying out the work according to General conditions of Contract (as amended/corrected with correction slip mentioned in the tender form), Special Conditions of Contract and Specifications mentioned in this tender document in the standard form within 07 (seven) days of the date of receipt of the "Letter of Acceptance". If the tenderer/(s) fails or refuses to enter in to such agreement after having been informed in writing the "Railways" shall be entitled to forfeit the earnest money and then the fresh work will be executed. He shall submit a declaration while signing the Agreement that all the employees engaged by him shall be his paid employees and Railway shall have no onus for them. All expenses in drawing up the agreement and the cost of stamp duty if any shall be borne by RCF. 10. CHANGE IN ADDRESS: Any change in the address of the contractor shall be

forthwith intimated in writing to the Railway. The Railway will not be responsible for any loss/inconvenience suffered by the Contractor on account of his failure to comply with this.

11 MEASUREMENTS: All measurements, method of measurement, meaning &

intent of specifications and interpretation of Special conditions of contract given & made by the Railway or by the Engineer on behalf of the Railway shall be final and binding and shall be considered as “Excepted Matter” in terms of condition No. 63 of General Conditions of contract.

12. ERRORS OMISSIONS AND DISCREPANCIES: The tenderer/contractor shall

not take advantage of any misinterpretation of the conditions due to typing or any other error and if any in doubt shall bring it to the notice of the Engineer without delay. In case of any contradiction, only the printed rules and books should be followed and no claim for the misrepresentation shall be entertained.

13. DISSOLUTION OF CONTRACTOR’S FIRM: If the contractor’s firm is

dissolved due to death or retirement of any partner or for any reason before duly completing the work or any part of it undertaken by the Principal Agreement, the partners shall remain jointly severally and personally liable to complete the whole work to the satisfaction of the Railway and to pay compensation for loss, sustained if any, by the Railway due to such dissolution. The amount of such compensation shall be decided by the Engineer and his decision in the matter shall be final and binding on the Tenderer/(s)/Contractor/(s).





14. PROCUREMENT OF MACHINERY BY CONTRACTOR: It is entirely

contractor’s responsibility and liability to find and procure all the machinery, tools and plants and their spare parts that are required in connection with execution of work delay in procurement of such items due to their non-availability or import difficulties or any other cause, whatsoever shall not be taken as an excuse for slow progress or non-performance of the work.

15. HIRE OF PLANTS, MACHINERY AND OTHER FACILITIES: 15.1 The contractor shall have to make his own efforts to arrange all plants &

machinery, equipment’s, including spare parts, fuel and consumable stores and all labour, required to ensure efficient and methodical execution of the works. The rates quoted and accepted shall be deemed to be inclusive of all charges for such items.

15.2 Without any commitment on the part of the Railway to do so, on the

contractor’s request, the Railway may give on hire, plant and machinery, other facilities, equipments and tools if available spare-able with the Railway. The hire charges for such equipment will be as determine by the Railway on the terms and condition specified by the Railway.

15.3 The hire charges will be payable from the day the plant is handed over to the

day it is returned to be Railway Administration. The Contractors shall enter into a separate agreement with the Railway in this respect and the terms and conditions as per the agreement will be final and binding on the contractor.

15.4 In the event of a plant or equipment or facility given on hire to the Contractor

not being returned to the Railway in a reasonably good working order/depreciation that it would have suffered for the period of hire, the Railway reserves right to recover 1.5 times the cost of procurement at the time issue or latest procurement rate in the division which ever is higher increased by 7% freight & 12.5% supervision charges.

15.5 If, however, the plant and machinery/other facilities equipment’s and tools

requisitioned by the Contractor are not available in Railway stock or the Railway decides not to supply the same for reasons whatsoever, neither the Railway shall be bound to arrange for the supply thereof nor will be Railway's inability to supply them be accepted as an excuse for delay in the completion of the works/or for any claims thereof.





16. TOOLS, PLANT AND MATERIAL SUPPLIED BY RAILWAY: The contractor

shall take all reasonable care of all tools, plant and machinery or other property supplied or handed over to him by railways (if required as per conditions of contract for the purpose of works) and shall be responsible for all the damages or losses caused by him, his agents, permitted sub-contractors or his workmen or others while they are in his charge. The contractor shall sign accountable receipts for tools, plants and materials handed over to him if any, by the engineer or his representative and on completion of works the same shall have to be handed over to RCF representative in good condition.

17. DAMAGE BY ACCIDENT/ FLOOD/ TIDES OR NATURAL CALAMITIES: The

Contractor shall take all precautions against damages from accidents, floods tides or other natural occurrences. He shall not be entitled to any compensation for his tools, plants, materials, machines and other equipment lost or damaged by any cause whatsoever. The Contractor shall be liable to make good the damage to any structure or part of a structure, plant or material of every description belonging to the Railway covered under the Contract, lost or damaged by him due to any cause during the course of execution of work. Railway Administration will not be liable to pay the contractor any charge for rectification or repair to any damage which may have occurred from any cause what so ever. No claims in this regards will be arbitrated.

18. SETTING OUT OF WORKS: The work shall have to be carried out/set out by

contractor to the entire satisfaction of RCF representative/deputed Engineer. 19. PRODUCTION OF TEST CERTIFICATES: The contractor shall have to

produce Test certificates for any items of material procured by him for use in the work as may be called for by the Engineer or his representative to establish that the material confirms to the specifications for the work. The test certificates produced by the contractor should have to be issued by an authority acceptable to the Engineer.

20. RATES: 20.1 The rates entered in the accepted Schedule of Quantities and Rates, are

intended to provide for works duly and properly completed as per contract conditions and specifications for the whole of the work as described under Scope and Details of work. The rates quoted by tenderer and accepted by Railway Administration shall hold good till the completion of the work and no additional, individual claim shall be admissible on account of fluctuation in market rates, increase in taxes or any other levies/tills etc.





20.2 The contractor should note that the rates quoted shall except as otherwise

provided in contact embrace all operations necessary for the satisfactory completion of the work to finish and shall include all charges for handling, loading, transport, lead, lift, labour housing, sanitation, materials, machinery, tools and plants, fuel, electric power, workshop facilities, security, lighting etc. all other expenses of every kind including hidden costs, if any.

20.3 The rates as given for the different items of work are deemed to be workable

rates for the respective item of work without being dependent in any manner whatsoever on the quantity & quality specified against the concerned item of work or on the rates and quantity specified for any other item of work in Schedule of quantities and Rates, part of the tender documents.

20.4 The rates quoted shall take into account the precautions and special

arrangements necessary for execution of work. No extra payment shall be admissible on this account under any circumstances.

20.5 There will not be any increase in rate on account of change in rate of taxes

other than service tax for the entire contract period. The rate of service tax applicable on date of opening needs to be shown separately. Service tax will however, be paid on actual basis and documentary proof in this regard clearly indicating the same have been paid to Government will have to be produced as and when required by railways.

21. PAYMENT OF ROYALTY CHARGES: All taxes, royalty charges, etc. of

whatever nature in connection with the said work shall have to be borne by the Contractor.

22. ROYALTIES AND PATENT RIGHTS: 22.1 The Contractor shall defray the cost of all royalties, fees and other payments

in respect of patents, patent rights and licenses which may be payable to patentee, licensee or other person or corporation and shall obtain all licenses.

22.2 All taxes as prescribed by Central or State Government from time to time shall

be applicable. The contractor shall be fully responsible for payments of all such taxes without any liability of Railway administration. Deductions towards such taxes shall be made from the payments of the contractor in accordance with rules in force from time to time.





23. EXCISE DUTY OR ANY OTHER TAXES/DUTIES: The contractor shall bear

full excise duty, sales tax and/or any other taxes/ duties levied by State Government and /or Central Government/Local bodies from time to time. This would be entirely a matter between the contractor and the State/Central Government/Local bodies. No claim, what so ever, on this account shall be entertained by Railways.

24. SAFE METHODS: The work shall be carried out without causing infringement

to the Railway working and in consultation with nominated RCF supervisor or an authorized representative of M&C.

24.1 The contractor shall adopt safe methods of working (throughout the contract)

in order to ensure safety of structures, equipment and labour. If Railway finds the safety arrangements inadequate or method of working found unsafe (at any time), the contractor shall take immediate corrective action up-to safety standards as advised. The contractor should have to arrange responsible & skillful personnel/(s) and experienced supervisors, ensuring complete safety.

24.2 Responsibility of contractor to ensure safe loading, transportation & unloading

of materials, equipment etc. contractor should take utmost care to ensure that no damage to the Railway Property takes place due to any act of his workmen, while carrying out the work under this contact. Any loss or damage caused to adjacent Railway property will have to be made good by the contractor at his/their own cost, failing which recoveries shall be affected from the running bill of the contractor as per the General Conditions of Contract.

24.3 The liability arising out of accidents (if any), to the person/(s) will be met by the contractor and the Railway will not be responsible for any damage or compensation thereof. The contractor shall follow the provisions laid down in Contract Labour Act, 1972. 24.4 The contractor shall be entirely responsible for ensuring safety of his labour,

vehicles, plant or equipment while working. No extra payment shall be allowed to the contractor for all safety precautions to be observed during the execution of the work. The cost of all such precautions shall be deemed to be included in the rates for all items of the schedule.

25. Assignment or subletting of contract: The contractor shall not assign or

sublet the contract or any part thereof or allow any person to become interested therein any manner whatsoever without the special permission in writing of the Railway. Any breach of this condition shall entitle the railway to rescind the contract under clause of GCC - 62 and also render the contractor liable for payment to the Railway in respect of any loss or damage arising or





ensuring from such cancellation, provided always that execution of the details of the work by petty contractor under the direct and personal supervision of the contractor or his agent shall not be deemed to be subletting under this clause. The permitted subletting of work by the contractor shall not establish any contractual relationship between the sub contractor and Railway and shall not be relieved the contractor of any responsibility under the contract.

26. Alterations: The "Railways" may require such alteration to be made in the

work, during its progress, as deemed necessary. Should these alterations be such that either party to the contract considers an alteration in price is justified, such alterations will not be carried out until accepted by the Railways. If the contractor proceed to carry out such work without obtaining the consent in writing of the 'Railways' to an amended price, he shall be deemed to have agreed to execute the contract at a price as may be considered reasonable by the Railways or without any extra price if considered reasonable by the Railways.

27. Corrupt Gifts and payment of commission: Any bribe ,commission, gift or

advantage given, premises offered by or on behalf of the contractor, his agents or servants or any one on his/their behalf to any employee, representative of the Railways or any person on his behalf in relation to the execution of this or any other contract, the Railways shall in addition to the criminal liability under the laws in force, subject the contract or cancellation of this and all other contracts with the Railways and also to payment of any loss resulting from any such cancellations and the Railways shall be entitled to deduct the amount to payable from any money otherwise due to contract under this or any other contract. Any question or dispute as to the commission of any offence under the present clause shall be settled by the Railways in such manner as may be deemed fit and sufficient and Railways decision shall be final and conclusive on the matter.

28. COMPLETION PERIOD: Since, time is the essence of the contract, the

tenderer shall note that in the event of his tender being accepted he should be in a position to commence the work immediately and shall complete the same in all respect within the completion period mentioned in the tender documents from the date of issue of acceptance letter whatever be the date of execution of work order or agreement.

29. Completion of Works: As soon as in the opinion of the Engineer the works shall have been substantially completed and shall have satisfactorily passed any final test or tests that may be prescribed RCF representative shall issue a Certificate of Completion in the respect of the works.





30. VARIATION IN OVERALL VALUE/QUANTITY OF CONTRACT

AGREEMENT:

a. Railway reserves the right to increase/decrease the work order up-to ± 25 % at any stage, whereas the rate/payment for that will be lie as per agreed rated of the contract. No extra claim shall lie against Railway for balance of work.

b. Railway reserves the right to terminate or cancel the work order/contract if the

performance of contractor is not found satisfactory. c. Railway reserves the right to terminate/cancel the contract at any stage on

account of its own administrative reasons. The contractor shall have no claim to any payments of compensation or otherwise in such scenario.

31. Postponement: The successful tender/(s) contractor/(s) shall have no claim

whatsoever against the Railways if the work is postponed to a later date, closed down for completion over a longer period, suspended the course of execution or abandoned either in part or whole in the over all interest of the Railway Administration or for any reason beyond the control of Railways administration the decision of the Railway in this regard shall be final and binding of the tender(s)/contractor(s).

32. Instructions of Engineer's Representative: - Any instructions or approval

given by nominated RCF representative to contractor in connection with the works shall bind the contractor as it has been given by the engineer provided always as follows:

a. Failure of the Engineer's representative to disapprove any work or material at

any stage shall not prejudice the power of Engineer thereafter to disapprove such work or material at subsequent stage.

b. If the contractor shall be dissatisfied by reason of any decision of the RCF

representative he shall be entitled to refer the matter to the Engineer who shall there upon confirm every such decision.

33. Non Compliance with Instructions /Directives of RCF representative: The

contractor shall always comply with the instructions/directives issued by RCF representative from time to time.





34. Claims: The contractor shall not be entitled to make any claim whatsoever

against the Railways under or by virtue of arising out of this contract, nor shall the Railways entertain or consider any such claim, if made by the contractor after he shall have signed a No Claim Certificate in favor of Railways/RCF, in such a form as shall be required by the Railways after the works are finally measured up and payment made for the by Railways/RCF.

The Contractor shall be debarred from disputing the correctness of the items

covered by No Claim Certificate or demanding clearances to Arbitration in respect thereof.

35. Final Payment:-

a. Final Payment: On Engineer’s Certificate for Completion of Work in respect of the Works adjustment shall be made and the balance account based on Engineer or RCF representative certified measurement of the total quantity of work executed by contractor upto the date of completion and on the accepted schedule or rates shall be paid to contractor subject always to any deduction which may be made under these conditions and further subject to the contractor having delivered to the Engineer either a full account in details of all claims he may have, on Railways in respect of the works or having delivered No Claim Certificate and the Engineer after receipt of such account may give a Written Certificate that such claims are correct, that whole the work to be done under the provision of the contractor have been completed, that they have been inspected by him since, their completion and found to be in good and substantial order, that all properties, works and things, removed, disturbed or injured in consequence of the works have been properly replaced and made good and all expenses and demands incurred by or made upon the Railways for or in the respect of damage or loss by/from or in consequence of the works, have been satisfied and in conformity with the Contract.

b. Post Payment Audit: It is an agreed term of contract that Railway reserves

the right to carry out a post-payment audit and/or technical examination of the work and the final Bill including all supporting vouchers, abstracts, etc. and to make a claim on the contractor for the refund any excess amount paid to him if as a result of such examination any over-payment to him is recovered/shall be returned back to have been made in respect of any work done or alleged to have been done by him under the contract.





c. Production of vouchers etc. by the Contractor: - For a contract of more

than one crore rupees, the contractor shall, whenever required, produce or cause to be produced for examination by Engineer any quotation, invoice, cost or other account, book of examination accounts, voucher, receipt, letter, memorandum, paper of writing or any copy of those above and/or extract from any such document and also furnish information and returns verified in such a manner as may be required in any way relating to the execution of this contract or relevant for verifying or ascertaining cost of execution of this contract (the decision of the Engineer on the question of relevancy of any document, information or return being final and binding in the parties). The contractor shall similarly produce vouchers etc., if required to prove the Engineer that materials supplied by him are in accordance with the specification laid down in contract.

d. The obligations imposed by sub-clause (a) and (b) above are without prejudice

to the obligation of the contractor under any state rules or order binding on the contractor.

36. Withholding and Lien in Respect of Sums Claimed:-

Whenever any claim or claims for payment of a sums money arises out or under the contract against the Contractor, the Railway shall be entitled to withhold and also have a lien to retain such sum or sums in whole the Railway shall be entitled to withhold the said cash security deposit or the security if any, furnished as the case may be and also have a lien over the same pending finalization or adjudication of any such claim. In the event of the security being insufficient to cover the claimed amount or amounts or if no security has been taken from the contractor, the Railway shall be entitled to withhold and have a lien to the extent of the such claimed amount or amounts referred to supra****, from any sum or sums found payable or which at any time thereafter 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. It is an agreed term of the contract that the sum of money or moneys so withheld or retained under the lien referred to above, by the Railway will be kept withheld or retained as such by the Railways till the claim arising out or under the contract is determined by the Arbitrator (if the contract is governed by the Arbitration clause) or by the competent court as the case may be and





that the contractor will have no claim for interest or damages whatsoever on any account in respect of such withholding or retention under the lien referred to supra*** and duly notified as such to the Contractor. For the purpose of this clause, where the contractor is a partnership firm or a limited company, the Railway shall be entitled to withhold and also have alien to retain towards such claims amount or amounts in whole or in part from any sum found payable to any partner/limited company as the case may be whether in his individual capacity or otherwise.

37. Lien in respect of claims in Other Contracts: Any sum of money due and

payable to the Contractor (including the security deposit returnable to him) under the contract may be withheld or retained by way of lien by Railway, against any claim of this or any other Railway or any other Department of the Central Government in respect of payment of a sum of money arising out of or under any other contract made by the Contractor with this or any other Department of Central Government.

It is an agreed term of contract that the sum of money so withheld or retained

under this clause by Railway will be kept withheld or retained as such by the Railway till the claim arising out of or under any other contract is either mutually settled or determined by Arbitration, if the other contract is governed by Arbitration clause or by the competent court as the case may be and Contractor shall have no claim for interest or damages whatsoever on this account or on any other ground in respect of any sum of money withheld or retained under this clause and duly notified as such to the Contractor.

38. ARBITRATION: In case of any dispute arises between Contractor & Railways

the matter shall be dealt as per the arbitration clause mentioned in “General Conditions of Contract” up to latest correction slip.

39. RESTRICTIONS ON ARBITRATION CLAUSES:

a. The provisions of the Clauses 63 and 64 of General Conditions of Contract will be applicable only for settlement of claims or disputes between the parties for value less than or equal to 20% of the value of the contract. When claims or disputes are of value more than 20% of the value of the contract, provisions of clauses 63 and 64 and other relevant clauses of General Conditions of Contract will not be remedy for settlement of such disputes.

b. The contractor shall not be entitled to ask for reference to arbitration before

the completion of the work assigned to him under this contract.





c. The contractor shall seek reference to arbitration to settle the disputes only

once within the ambit of the above conditions.

d. These special conditions shall prevail over existing clauses 63 and 64 of General Conditions of Contract.

40. JURISDICTION OF COURTS: If any dispute arises between the parties with

respect to this contract, any application or suit shall be instituted only in the court within the local limits of whose jurisdiction the RCF is situated and both the parties shall be bound by this clause.

41. UNDERTAKING TO ABIDE BY CONDITIONS OF CONTRACT: I/We agree

to execute the above work as per special conditions laid down above.

Signature& Seal of Tenderer/(s) Date: ______________

Deputy Chemist & Metallurgist Rail Coach Factory, Kapurthala





Schedule of the Rates after Negotiation, to be filled in by the tenderer Description of work : Up-Gradation of Universal Tensile Testing Machines of Rubber & Plastic Lab. Quantity of work : As per Annexure ‘A’ Total Value as per scope

of work ( As per Annexure’A’:---------------------------------------------------------------------

placed at S.No. ---------------------------------------------------------------------

Total cost in Figure :---------------------------------------------------------------------

Total cost in Words :---------------------------------------------------------------------

• Facility required by contractor (if any)

• The contractor should have sufficient experience with RCF/ Railway. Copy of the

same is attached herewith

• Contractor will be provided with the electric supply for execution of work if requested

by him. He will have to pay for the same as per charges applicable as per extant rules.





MISCELLANEOUS CONDITIONS

1. The firm shall have to up-grade the machine/(s) within three months after receipt of

this work order 2. No packing, transportations and forwarding charges will be paid for collecting of old

machines from RCF and later on dispatching the up-graded machines back to RCF

3. Up-graded machine shall be warranted for a period of one year from the date of its commissioning at RCF/KXH including parts replaced.

4. Pre-dispatch inspection will be done at firm’s premises and final inspection will be

done after receipt of up-graded machines at RCF/KXH.

5. Calibration certificate for load, elongation should be provided along-with repaired machine/(s) traceable to National/International standard.

6. Sale Tax/Service Tax/General Tax/Work Contract Tax & VAT etc, if livable and

intend to be claimed by purchaser must be mentioned, especially along-with repair cost. Failing which no such claim will be admitted on any ground and at any stage. Also quote your registration number.

7. Taxes will be livable as per government terms & conditions.

8. Only reputed firms having sufficient experience in up-keep, maintenance, repair and

manufacture of such type of machine/(s) will be considered for awarding contract to upgrade the Tensile Testing Machine / Machines under reference.

9. The contract will be governed as per G.C.C.

10. Firms who want to quote for the up-gradation of these machines can physically assess

the same on any working day in CMT office except Sunday/Gazetted holidays (between office working hrs.i.e.07:50 A.M. to 17.05 P.M.).

11. All the firms shall have to quote separate rates/ a separate rate list for individual

activity which is to be carried out in order to up-grade the machines. The detail and cost of parts replaced and fitted new to obtain the desired function and accuracy shall be mentioned in the quotation for each and every parts. However total up-gradation cost in each machine shall be considered for awarding the contract for up – gradation of machines.





12. Installation & Commissioning will be carried out by the firm’s engineers within 15

days after receipt of up-graded machines at RCF/KXH at his own cost 13. If firm fails to re-commission the up-graded machines within stipulated time period in

work order, penalty at the @ 2.0 % per month shall be imposed until firm will not re- Commission the up-graded machines at RCF to entire satisfaction of operations of Machines in M&C Lab

14. Payment:- 90% will be made with in 30 days after re-commissioning satisfactorily of

Up- graded machines at RCF/KXH.

15. Balance 10% payment will be made after submission of performance bank guarantee equivalent to 10% total value of Contract cost and its confirmation from bank who has issued the same, which shall be returned on completion of warranty period i.e. one year.





SCOPE OF WORK

FOR UP-GRADATION OF EXISTING TENSILE TESTING MACHINES HAVING CAPACITY 20 KG, 500 KG, 1000 KG, 5000 KG. TO COMPUTERISED VERSION. All the machines as above shall have following features:- 1. Load Cells:- Digital load cells of the following accuracy shall be provided in up-graded Machines according to their capacity:-

Capacity Machine. Make Least Count of Load Cell Load Cell Accuracy. 20 kg KMI 0.005 Kg ± 1 % 500 kg Testech 0.1 Kg ± 1% 1000kg Prolific 1.0 Kg ± 1 % 5000 kg KMI 1.0 Kg ± 1%

2. Mechanical & Electrical drives of the machines should be changed to get continuously

increase/ decrease testing speed (10-500 mm.) per minute during loading of samples. 3. Digital read out system should be provided in the machine for measuring of load &

Elongation within ± 1 % or better and variable speed indication at present value. 4. Software should be provided for Analysis of test results and to generate load’s elongation

curves with calculation of stress, strain, Young Modulus, proof stress etc. 5. The system should be capable of displaying load in Newton/kg, (Pre selected). 6. It shall displays elongation in mm, with the least count of 0.1 mm. 7. The package should be provided a report generating capability that includes storage

capacity of at least 100 tested parameters as above 8. Data capturing software should be provided to save results methods, print results, edit

results parameters & units 9. The machine should be capable of withstand overload protection/Over displacement

through software system. 10. Auto stop should be there at the time of breaking of sample. 11. Software to analyze & test curve should be provided. 12. Specified calculation





13. Direct output to A-4 printer for full test report, including individual test result statistical

should be there. 14. Overhauling, Painting, Electroplating, Fabrication & Calibration shall also be carried out. 15. Latest version of HCL/Compaq/Lenora/HP/IBM or equivalent (Only branded Computer)

make computer, printer ,Table & chair for auto recording and to down load the required parameters such as Load, elongation and graphs to find out the end point of breakage should be provided.

16. All allied accessories for smooth functioning of up–graded machine should also be

quoted. 17. The machine in running condition shall not produce Vibration/Frictional or any other

noise. However constant minimum noise up to 60 dB is tolerable. 18. Such as change of drive of machine, should have to provide variable speed (10-500 mm

per minute) and software to fulfill requirements laid down i.e. over load / displacement protection ,over hauling , painting & electroplating etc

19. Training of Staff: The adequate training for operation maintenance & trouble shooting of

the up-graded machines shall be provided to operators of RCF at site for one week





FORMAT for FORM OF GUARANTEE BOND FOR PERFORMANCE GURANTEE Rail Coach Factory, Kapurthala For and on behalf of The President of India

1. In consideration of the President of India (hereinafter called" the Government") having agreed to exempt_____________________________ (hereinafter called "the said Contractor/s" from the demand under the terms and conditions of an Agreement dated ______________made between __________________and_______________ for __________________ (hereinafter called "the said Agreement") the Performance Guarantee for the due fulfillment by the said contractor/s of the terms and conditions contained in the said agreement on production of a Bank Guarantee for Rs.________________________________(Rupees ___________________ ______________________only).We____________________________(indicate the name of Bank hereinafter referred to as "the Bank") at the request of the ____________________________ contractor/s do hereby undertake to pay to the Government an amount not exceeding Rs.______________ against any loss or damage caused to, or suffered or would be caused to or suffered by the Government by reason of any breach by the said contractor/(s) of any of the terms and conditions contained in the said agreement.

2. We__________________________________(indicate the name of Bank) do

hereby undertake to pay the amounts due and payable under this Guarantee without any demur merely on a demand from the Government stating their amount claimed is due by way of loss or damage caused to or would be cause to or suffered by the Government by reason of breach by the said contractor of any of the terms and conditions contained in the said agreement or by reason of the contractor's failure to perform the said agreement. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs.________________________.

3. We undertake to pay to the Government any money so demanded notwithstanding

any disputes or disputes raised by the contractor(s) in any suit or proceedings pending before any court or tribunal relating to our liability under this present being absolute and unequivocal. The payment made by us under this bond shall be valid discharge of our liability for payment there under and the contractor/(s) shall have no claim against us for making such payment.





4. We________________________________( indicate the name of the bank further

agree that the Guarantee herein, contained shall remain in force and effect during the period that would be taken for the performance of the said Agreement that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till the Railways certifies that the terms and conditions of the said agreement have been fully and properly carried out by the said contractor (s) and accordingly discharge this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the _______________. We shall be discharged from all liability under this guarantee thereafter.

5. We, ______________________________________________Bank Ltd. further

agree with the Government that the Government shall have the fullest liberty without our consent and without affecting in any manner our obligations here-in-under to vary any of the terms and conditions of the said agreement or to extend time of performance by the said contractor (s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Government against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Contractor (s) or for any forbearance, act or omission on the part of the Government or any indulgence by the Government to the said contractor(s)or by any such matter or thing whatsoever which under the law relating to the Sureties would, but for this provision have effect of so relieving us.

6. This Guarantee will not be discharged due to the change in the Constitution of the

Bank or the Contractor/(s). 7. We, _____________________________(indicate the name of Bank) undertake not

to revoke this Guarantee during its currency except with the previous consent of Government in writing.

Date this ___________________ day of _________________2009 . For _______________________ (Indicate the name of Bank)

Signature of Tenderer Dy Chief Chemist & Metallurgist Rail Coach Factory,Kapurthala ,For and on behalf of President of India





FORMAT OF CONTRACT AGREEMENT

Contract agreement ………………………………………………. Date…………….

1. ARTICLE OF AGREEMENT: Made this………………..day of year ……………between the President of India acting through the Railway Administration here after called the ‘Railway’ on one part and ……………………………………here in after called the ‘contractor’ of the other part.

2. WHEREAS as the contractors have agreed with the railway for the performance of

the work ……………………………………………….set forth in the schedule hereto annexed upon the General Conditions of contract & the specifications of the railway and the special conditions and special specifications, if any and in conformity with the drawings here in to annexed and whereas the performance of the said work is an act which the public are interested.

3. NOW THIS INDENTURE WITHNESSETH : that in consideration of the

payments to be made by the Railway , the contractors shall duly performed the said works in the said schedule said forth and shall execute the same with great promptness, cared and accuracy in a workman like manner to the satisfaction of the Railway will complete the same in accordance with the said specifications and said drawings and the said conditions of contract on or before day ------------------------------------------------------------ and will maintain the said works for a period of ------------------------------------- calendar months from the certified date of there completion's and will observe ,fulfill and keep all the conditions there in mentioned (which shall be deemed and taken to be part of this contract as if the same had been fully set forth herein)AND the Railway hereby agree that if the contract shall duly perform the said works in the manner aforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paid to the contractor for the said works on the final completion thereof the amount due in respect thereof at the rates specified in the schedule here to annexed.

---------------------------------- ---------------------------------- ----------------------------------- ------------------------------------------------ Signature of The contractor Name & Address:

Deputy Chief Chemist & Metallurgist Rail Coach Factory, Kapurthala

For and on behalf of President of India Date: ……………………………….





Name & Full address of the firm/contractor/signatory representative ---------------------------------------------- ---------------------------------------------- --------------------------------------------- Witness: …………………………… 1. Signature ------------------ ----------------- ------------------

Name in Block letters --------------------------------------------- Address ----------------------------------------------

---------------------------------------------

Witness: …………………………… 2. Signature ------------------ ----------------- ------------------

Name in Block letters --------------------------------------------- Address ----------------------------------------------

---------------------------------------------





CERTIFICATE OF NO RELATIVE/BEING AN EMPLOYEE OF RCF ( To be filled by tenderer) I/WE THE UNDER SIGNED HEREBY SOLEMNLY DECLARE AND CERTIFY THAT I /WE DO NOT HAVE ANY OF OUR RELATIVE/RELATIVES EMPLOYED IN THE RCF (Mechanical Department) EXCEPT THE NAMES MENTIONED HEREIN UNDER: 1…………………………………………………….. 2…………………………………………………….. 3……………………………………………………... AND SO ON.

NOTE:- NAMES, DESIGNATION,NAME OF OFFICE, HEADQUARTER OF THE TENDERER’S RELATIVE IN RCF (Mechanical Department) TO BE MENTIONED BY THE TENDERER/TENDERERS IN 1,2,3 AND SO ON ABOVE.

SIGNATURE OF TENDERER(s)

Deputy Chief Chermist & Metallurgist Rail Coach Factory, Kapurthala

END OF TENDER DOCUMENT
