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GOVERNMENT OF INDIA - MINISTRY OF RAILWAYS
RESEARCH, DESIGNS AND STANDARDS ORGANISATION
MANAKNAGAR, LUCKNOW-226 011
Tender No. STS/ENVL/Chamber/AMC/2015/ Date 30.12.2015
Tender document for the work of Preventive Annual Maintenance
Contract (AMC) of Environmental Chambers of Signal Lab of
RDSO, Lucknow for One Year.
Tender to be opened on 17.02.2016 at 15.00 Hrs.
Nos. of pages including cover: (43)
Signal Lab
Signal Directorate
Price Rs.2000/-
Page 2 of 43
INDEX
SN Description Page No
1. Tender Notice 3-4
2. Preamble to Tender Papers 5-6
3. Chapter1: Memorandum of Terms, Conditions and
Instructions to Tenderers 7-11
4. Chapter 2 : General Instruction to the Tenderers 12-14
5. Chapter 3: Conditions of Contract 15-27
6. Chapter 4: Technical Specifications & Special Conditions
of the Contract for the work of Preventive
Annual Maintenance Contract (AMC) of
Environmental Chambers of Signal Lab of
RDSO, Lucknow for One Year.
28-31
7. List of Forms for Tender 32
8. Form 1: Offer Letter 33-34
9. Form 2: Memorandum of Association of the Tenderer 35
10. Form 3: Deviation from the Tender Paper 36
11. Form 4: Tender Schedule and Scope of Work 37-38
12. Form 5 : Tenderer’s Credentials 39
13. Form 6 : Performa of Performance Bank Guarantee Bond 40-41
14. Form 7 : Certificate from Tenderer 42
15. Form 8: Performa for furnishing Bank Account details for
release of EMD through NEFT/RTGS
43
Page 3 of 43
GOVERNMENT OF INDIA, MINISTRY OF RAILWAY
RESEARCH DESIGNS & STANDARDS ORGANISATION
Manak Nagar, Lucknow-11.
NOTICE INVITING TENDER
Tender Notice No.STS/ENVL/Chamber/AMC/2015/Date : 30.12.2015
For and on behalf of president of India, Jt.Director/Signal-IV, Signal Lab, RDSO,
Lucknow invites sealed open tender on prescribed form for the following work: -
S.
No.
Name of work Approx.
Value of
work
(Rs.)
Cost of
Tender
document
(Rs.)
Earnest
Money
(Rs.)
Completion
Period
Date of
Opening
Availability
of Tender
document
1 Preventive Annual
Maintenance Contract
(AMC) of
Environmental
Chambers of Signal
Lab of RDSO,
Lucknow for a period
of one Year.
6,29,101/-
2,000/-
By post
2,500/-
12,590/-
1 (One)
Year
17.02.2016
07.01.2016
Note: - 1) Tender unaccompanied with requisite earnest money will be summarily rejected. Earnest
money in the form of Bank guarantee will not be accepted. The earnest money should be
in Cash or Banker’s Cheque/Demand Draft in favour of Executive Director, Finance,
RDSO Lucknow, executed by State Bank of India or any of the Nationalized Banks or by
a Scheduled Bank. (As per Railway Board Letter No.2013/CE-I/CT/O/45/JV Dated
22.09.2014). Cash should be deposited in DCPM office, Northern Railway, Charbagh,
Lucknow and money receipt issued shall be submitted along with tender document.
2) Tender form can be obtained from the office of the Joint.Director/Signal-IV, Signal
Lab,RDSO, Manak Nagar, Lucknow on any working day from 07.01.2016 during
working hours up to 11:00 hrs on 17.02.2016, on production of demand draft/pay order in
favour of Executive Director, Finance, RDSO payable at Lucknow or money receipt
issued by DCPM office, Northern Railway, Charbagh, Lucknow for the cost of tender
document shown as above. The tender document can also be downloaded from the
website of RDSO (www.rdso.indianrailways.gov.in) on or after 07.01.2016 and the
cost of downloaded tender document to be submitted along with tender document in the
form of demand draft/pay order in favour of Executive Director, Finance, RDSO
payable at Lucknow, failing which offer will be summarily rejected. The cost of tender
document is not refundable.
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3) The tender document can also be obtained by post on request, on production of demand
draft/pay order of requisite cost of Tender document in favour of Executive Director,
Finance, RDSO, payable at Lucknow.
4) Duly filled Tender form must be enclosed in a sealed cover superscripted as
STS/ENVL/Chamber/AMC/2015/ Dated 30.12.2015 and must be sent by registered
post addressed to Joint Director/Signal-IV, Signal Lab, RDSO, (Ministry of Railway),
Manak Nagar, Lucknow-226011, so as to reach the office not later than 14:30 hrs. on
17.02.2016 or dropped in the Tender box (YELLOW COLOUR) allotted for Signal
Directorate at RPF Chauki, near office of the Town Engineer, RDSO, Manak Nagar,
Lucknow-226011 from 07.01.2016 at 10:00 hrs. to 17.02.2016 at 14.30 hrs. The
tender box will be sealed at 14:30 hrs on 17.02.2016. The tender will be opened at
15:00 hrs. on 17.02.2016 in presence of tenderer(s) or their authorized
representative.
5) This office will not be responsible for any type of postal delay & for delivering blank
tender form or sending offer for participation.
Joint Director/Signal-IV,
Signal Lab, RDSO, Lucknow
For and on behalf of President of India
Page 5 of 43
PREAMBLE TO TENDER PAPERS
1. Tender papers are not transferable.
2. Description and location of the organisation: Research Designs and Standards
Organisation (RDSO) is under Ministry of Railways, Government of India and is situated
at Manak Nagar, Lucknow-226 011. This organisation is engaged in research, design and
standardisation works in various Railway disciplines.
3. Site: Signal lab in RDSO complex, Lucknow.
4. Scope of work: The work involves “Preventive Annual Maintenance Contract (AMC) of
Environmental Chambers of Signal Lab of RDSO, Lucknow for a period of one Year as
per tender schedule of work and Rate”. The special conditions in connection with above
mentioned work are given in Chapter-4 of Tender Document.
5. Period of Execution: The work of “Preventive Annual Maintenance Contract (AMC) of
Environmental Chambers of Signal Lab of RDSO, Lucknowas per tender Schedule of
Work and Rate”& special conditionsshould be for ONE Year from the date of receipt of
acceptance letter.
6. Last date for submission and opening of tenders:
i) The tender document shall be dropped in the YELLOW colour Tender box only
kept for the purpose (for Signal Directorate) in the tender room situated in RPF Post
near TEN office, RDSO, Manak Nagar, Lucknow-226011, on or before the specified
date of opening up to 14:30 Hrs. of 17.02.2016.Any mistake of putting the tender
document in wrong tender box will not be the responsibility of Railways.
ii) The tender document shall be submitted in sealed envelopeand shall be addressed to
Jt.Director/Signal-IV, Signal Lab, RDSO, Manak Nagar, Lucknow-226011, superscripted
with the “Tender notice No.STS/ENVL/CHAMBER/AMC/2015/ Dated 30.12.2015.
Address of the tenderer should be written at the bottom left of the cover.
iii) Tenders not received in time will not be considered at all. The RDSO administration
does not take any responsibility on account of delay, loss or miss-delivery of the tender
documents sent by post.
Page 6 of 43
The tender will be opened at 15:00 hours on 17.02.2016 at the RPF Post near TEN
office, Manak Nagar, Lucknow-226011, in presence of the authorised representatives of
the tenderers, if present at the time of tender opening.
7. Tender document submitted by any method other than those indicated above will not be
accepted under any circumstances.
8. Earnest Money: The tenderer is required to deposit an earnest money of Rs.12, 590/-
(Rs. Twelve Thousand five Hundred ninety only) in the manner prescribed.
9. Tenderers should keep their offers valid for THREE months from the date of opening of
tender.
Joint Director/Signal-IV,
Signal Lab, RDSO, Lucknow
Contractor’s
(SEAL)
Page 7 of 43
CHAPTER - 1
MEMORANDUM OF TERMS, CONDITIONS AND INSTRUCTIONS TO
TENDERERS
1.1 Tender Papers: Preamble to the tender papers, instructions to the tenderers, conditions of
tendering, conditions of contract, price and payment, specifications, drawings and forms
of tenders included herein shall be read as part referred to as the “Tender Papers”.
The intending tenderers are advised to study the tender papers carefully. The tenderer
shall also acquaint him with the local conditions, nature of work and all other matters
pertaining thereto before submitting the bid.
The submission of the tender shall be deemed to have been done on the basis of tender
papers and after careful study and examination of the tender papers with a full
understanding of the implications thereof.
1.2 Interpretations of Terms Used (Definition of Terms):
The following terms wherever occurring in the tender papers and wherever used
throughout the execution of work, shall unless excluded by or repugnant to the context,
have the meaning attributed thereto as follows: -
(a) “RDSO (Research Designs and Standards Organisation)” shall mean the President of
India working through Director General, RDSO.
(b) “Director General” shall mean the officer in administrative in-charge of RDSO.
“Executive Director(Co-Ord)/Signal shall mean the officer in-charge of the Signal
Directorate.
(c) “Joint Director” shall mean the Director General, RDSO’s representative in executive in-
charge of the works and shall include the higher officers of the Signal Directorate such as
Director, Executive Director (Co-Ord) etc.
(d) “Joint Director’s representative” shall mean any official appointed by RDSO.
(e) “Contract” shall mean and include the Preamble and General Instructions, General
Conditions of Contract, Special Conditions of Contract, Technical specifications and
other conditions specified in the tender, Advance Acceptance of Tender, Acceptance of
Tender and formal Work Order /Agreement, if executed.
(f) “Contractor” shall mean the successful tenderer i.e. the tenderer whose tender has been
accepted either in whole or in part. It shall also mean the person, firm, company whether
incorporated or not, who enters into the contract with the RDSO and shall include their
executors, administrator, successors and permitted assignee.
Page 8 of 43
(g) “Equipment” shall mean all or any equipment considered necessary by the administration
for satisfactory operation/ maintenance of the installation.
(h) “Contractor’s Representative” shall mean a person in supervisory capacity that shall be so
declared by the contractor and who shall be authorised to receive instructions issued by
RDSO to the contractor for the works. He shall be responsible for proper execution of the
works at each or all places and shall take orders from Engineer(s) and carry out the same.
(i) “Materials” shall mean all equipments, components, fittings and other items required
completing or maintaining the work.
(j) “Tenderer” shall mean and include any person, firm or company or body corporate or
others who submit the tender, which has been invited.
(k) “Work or Works” shall mean all or any of the items of the work for which the
tenderer/contractor has tendered/ contracted according to the specification, and annexure
hereto annexed or to be implied there from or incidental thereto or to be hereafter
specified or required in such explanatory instructions being in conformity with the
original specifications, annexure and schedules and also such instructions additional to
the aforementioned as may from time to time be issued by the Director General, RDSO
through Executive Director & Director/Signal during the progress of the contracted work.
(l) “Writing” shall mean and include all matters written, type written or printed either in
whole or in part.
(m) “Schedule of Rates” shall mean the schedule of rates as annexed to the contract
agreement or as amended thereafter in the manner provided for in the contract.
(n) “Site” shall mean the lands and other places on, under, in or through which the works are
to be carried out and any other lands or places provided by the RDSO for the purpose of
the contract.
(o) “Months” shall mean calendar month.
(p) “Administration” shall mean the RDSO, Manak Nagar, Lucknow-226 011.
(q) Words imparting the singular number shall also include the plural and vice-versa
wherever context required.
(r) The headings and marginal headings in these general conditions are solely for the
purpose of facilitating reference and shall not be deemed to be part there of or be taken
into consideration in the interpretation of maintenance or the contract.
1.3 Clarifications required by the tenderers may be obtained from the office of Executive
Director(Co-Ord)/Signal,RDSO, Manak Nagar, Lucknow-226 011.
Page 9 of 43
1.4 Tenderer’s offer should include the following:
(a) A copy of the tender papers duly signed in ink by the tenderer, on each and every page, in
token of his having studied the tender papers carefully and accepted the conditions
specified therein.
(b) The original copy of deposit receipt for earnest money shall be incorporated in the
original copy of the tender.
1.5 The prices to be paid for shall be in accordance with accepted schedule of prices or rates.
All prices shall be quoted both in figures and words. However in case of discrepancy
between the two, the price quoted in words shall be treated as final.
1.6 Tools, instruments etc. required for the work will be arranged and provided by the
contractor at his cost.
1.7 The technical specifications for design, materials and works are contained in Chapter – 4
of this tender document.
1.8 All works under this contract shall strictly follow the Schedules of Works as have been
set out in Chapter - 4 and Form -4 of the tender document.
1.9 Any individual signing the tender or other document connected therewith should specify
whether he is signing:
(i) As sole proprietor of the concern or his Attorney, or
(ii) As a partner or partners of the firm, or
(iii) For the firm, or
(iv) As a Director, Manager or Secretary in the case of a Limited company duly
authorised by resolution passed by Board of Directors, in pursuance of the
authority conferred by Memorandum of Association.
1.9.1 In case of a firm not registered under the Indian Partnership Act, all the partners or the
Attorney duly authorised by all of them should sign the tender and all other documents.
1.9.2 Requisite power of attorney or such other documents empowering the individual or
individuals to sign should be furnished to the RDSO for verification, if required.
1.9.3 The RDSO 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,
if any. It may, however, recognise such power of attorney and changes after obtaining
proper legal advice, the cost of which will be chargeable to the Contractor.
1.10 Every tenderer shall state in the tender their full & clear postal address.
Page 10 of 43
1.11 No erasure or alteration in the text of the tender paper is permitted and any such erasure
and / or alteration / over-writing will either be disregarded or render the whole tender
void at the option of administration. Any correction made in rates for work shall be
initialled by the tenderer in ink with date.
1.12 The successful tenderer will be advised by fax/formal letter of acceptance. No tender
shall be deemed to have been accepted unless such acceptance shall have been informed
in writing to the successful tenderer by the RDSO.
1.13 The administration shall not be bound to accept the lowest or any tender or to assign any
reason for non-acceptance or rejection of a tender. The administration reserves the right
to accept any tender in respect of the whole or any portion of the work specified in the
tender papers or to sub-divide the work among different tenderers or to reduce the work
or to accept any tender for less than the tendered quantities without assigning any reason
what so ever.
1.14 The tenderer shall keep the offer in response to the invitation of tender, that the tender is
open for acceptance either in part or in full or as may be modified by negotiation, by the
administration for a period of THREE months from the date of which tenders are
opened, during which period the tenderer shall not withdraw or restrict his offer nor
amend, impair or derogate there from.
1.15 The tenderer shall be deemed to have accepted as aforesaid in consideration of his tender
being considered by the administration in terms hereof, provided the same has been duly
submitted and is otherwise in order. When the successful tenderer is notified in writing at
his address given in the tender papers within the said period of three months that his
tender has been accepted by the administration either in whole or in part, he shall be
bound by the terms of tender papers constituted by his tender and such acceptance thereof
by the administration, until a formal contract has been executed between him and the
administration.
1.16 The tenderer shall provide necessary documents to RDSO in fulfilment of the following
Criteria.
1. The bidder should have at least 4 years experience in
manufacturing/Maintenance of the similar types of Environmental chambers.
2. The bidder should be an ISO: 9000 certified vendor for
manufacturing/Maintenance of the similar types of Environmental chambers.
3. Bidder should have their support office in Lucknow, Uttar Pradesh in order to
provide the efficient support services. Enclose the details regarding location of
support office. 4. Bidder should have trained & certified manpower as mentioned in Chapter-4
para-4.9. Enclose the relevant certificates of the technical & trained manpower.
Page 11 of 43
1.17 The following documents shall be submitted by tenderer along with tender.
(i). List of personnel available in hand and proposed to be engaged for the subject
work.
(ii). List of own plant & machinery available and proposed to be inducted for the
subject work. (The list of own and hired to be given separately).
1.18 In addition to above, the tenderer shall give further information regarding his credentials
or the credentials of his associates, if required by RDSO.
1.19 The tenderer (whether his tender accepted or not), shall treat the contents of his tender as
private and confidential. He shall also treat the prices quoted by him as strictly
confidential till the tenders are opened.
1.20 All the documents, evidences submitted by tenderer along with tender papers are to be
self-attested& stamped. Tenderer have to submit original documents, if desired by RDSO
administration for verification.
1.21 NO CLAIM FOR REJECTION OF TENDER:
The tender, when submitted, shall not constitute an agreement and the tenderer shall have
no cause of action of claim against the RDSO for rejection of his offer. The RDSO shall
always be at liberty to reject or accept at his own discretion and any such action will not
be called into question and the tenderer shall have no claim in that regard against the
RDSO.
1.22 Acceptance of the tender shall be communicated by FAX/ Telex/ Telegram/e mail/
Express Letter or a formal letter of Acceptance of Tender by RDSO. When acceptance is
communicated by FAX/ Telex/ Telegram/ e mail/ Express Letters, the formal letter of
acceptance will be sent to the tenderer as soon as possible. Issue of FAX/ Telex/
Telegram/ e mail/ express letter should be deemed to conclude the contract.
Joint Director/Signal-IV,
Signal Lab, RDSO, Lucknow
Contractor’s
(SEAL)
Page 12 of 43
CHAPTER – 2
GENERAL INSTRUCTIONS TO THE TENDERERS
2.1 The intending tenderers are advised to study the General Conditions of Contract
Regulations and Instructions for tenderers and standards forms of contract (1971) as
corrected from time to time and as mentioned in the special conditions attached, and
make themselves conversant with their contents, as these shall govern this contract and
shall form an integral part thereof, save and except where these are repugnant to the terms
and conditions brought out in the tender documents.
2.2 The schedule of rates the quantities should be carefully and properly filled in. All rates
should be mentioned in words as well as in figures. Erasures and alterations in the tender
papers must be avoided. If any corrections are necessary, it should be done through a pen
and such alterations must be attested by the full signature of the tenderer along with date.
Additional conditions or stipulations, if any, must be made in the covering letter of the
tender. It should be noted that the RDSO reserves the right not to consider conditional
tender/tenders and to reject the same without assigning any reason,
2.3 All fluctuations in the rates of labour, materials and general commodities and other
possibilities of each and every kind should be considered before quoting the rates and no
claim due to any cause, whatsoever, on this account will be entertained. Sales tax, octroi
or any other taxes levied or liveable by the Central or State Govt. or local bodies shall be
borne by the tenderer, which should be kept in view before tendering. The RDSO
Administration will pay no taxes on contractor’s labour or material.
2.4 (a) If the tenderer is a firm, all partners of the firm shall sign the tender documents.
If the tenderer is a company, the tender documents shall be affixed with the seal of the
company and signed by such person/persons as may be authorised by the articles of
association of the company/ or a resolution of Board of Directors thereof, and duly
attested copy of the authorisation shall be sent with the tender. In any case the tenderer
shall disclose his constitution and self attested copies of all the necessary relevant legal
documents in support thereof shall be submitted with the tender and the originals thereof
produced as and when called for.
(b) The cancellation of any documents such as Power of Attorney, Partnership Deed
etc. shall forthwith be communicated by the contractor to the RDSO administration in
writing, failing which the RDSO administration shall have no responsibility or liability
for any action taken on the strength of the said documents.
2.5 The tenderers shall submit along with his/their tender the copies of income tax return
filed in last three years including latest copy of income tax return or a sworn affidavit
duly countersigned by the Income Tax Officer to the effect that he/they has/have no
taxable income. In case the income tax returns have already been submitted to RDSO
Page 13 of 43
with a previous tender, this fact should be recorded on the tender itself, giving reference
to the tender with which the same was submitted.
2.6 The tender must be accompanied by earnest money of Rs. 12, 590/- (Rs. Twelve Thousand
five Hundred ninety only), without which the tender is liable to be summarily rejected.
The earnest money should be in Cash or Banker’s Cheque/Demand Draft in favour of
Executive Director, Finance, RDSO, Lucknow, executed by State Bank of India or any
of the Nationalized Banks or by a Scheduled Bank. (As per Railway Board Letter
No.2013/CE-I/CT/O/45/JV Dated 22.09.2014). Cash should be deposited in DCPM office,
Northern Railway, Charbagh, Lucknow and money receipt issued shall be submitted along
with tender document.
2.7 The tenderer(s) are requested to submit their bank account details on Form-8 so that
earnest money can be returned to unsuccessful tenderers after finalization of the tender.
2.8 The tenderer shall keep the offer open up to THREE months from date of opening of
tender. If the tenderer fails to keep the offer open for entire validity of period till the
acceptance of the tender; the aforesaid amount shall be liable to be forfeited by the
RDSO.
2.9 Tender documents must be enclosed in a sealed cover super-scribed with “Tender notice
No.STS/ENVL/CHAMBER/AMC/2015 Dated 30.12.2015”. Tender offer shall be
submitted up to 14.30 hrs. in the YELLOW colour Tender box only - kept for the purpose
(for Signal Directorate) in the tender room situated in RPF Post near TEN office, RDSO,
Manak Nagar, Lucknow 226011 - on or before the specified date of opening. Any
mistake of putting the tender document in wrong tender box will not be the responsibility
of Railways. The tenders will be opened at 15.00 hrs on the same day i.e. on 17.02.2016
in the presence of tenderers or their authorised representative as may elect to present. In
case for any reason, the office is closed on the date on which the tender is scheduled to be
opened as mentioned herein, these will be opened at the same time & at same place on
the next working day and all the clauses will hold good.
2.10 If the tenderer deliberately submits wrong information in his tender or creates
circumstances by wrongful manipulations for the acceptance of his tender, the RDSO
administration reserves the right to reject such tender at any stage.
2.11 If the tenderer expires after the acceptance of his tender, the RDSO shall deem such
tender or contract as cancelled. If a partner of the firm expires after the submission of
their tender or after the acceptance of their tender, the RDSO shall deem such tender or
contract as cancelled unless the firm retains its character.
2.12 The authority of acceptance of the tender will rest with the Executive Director(Co-
Ord.)/Director, Signal, RDSO, Lucknow, who does not bind himself to accept the lowest
or any other tender or to assign reasons for declining to consider any particular tender.
Page 14 of 43
2.13 The successful tenderer shall be required to execute an agreement with the President of
India acting through the Executive Director(Co-Ord)/Director, Signal, RDSO, Manak
Nagar, Lucknow, for carrying out the work according to General Conditions of Contract
(1971) with latest revisions/amendments, if any including special conditions of contract
and technical specifications attached.
2.14 The tenderer shall submit an analysis of his/their quoted rates to Executive Director (Co-
Ord.)/Director, Signal, if called to do so.
2.15 The tenderer shall not increase his/their quoted rates in case the RDSO administration
negotiates for reduction of rates and the negotiations shall not amount to cancellation or
withdrawal of the original offer and rates originally quoted will be binding on the
contractor’s labour also.
2.16 In case any dispute that may arise concerning contract agreement or the tender; the
decision of RDSO administration (Executive Director(Co-Ord.)/Director, Signal) shall be
final and binding upon the contractor. The contractor and his men would abide by the
lawful instructions conveyed to him by RDSO administration or its supervisory officials.
2.17 The tenderers must furnish details of similar contracts recently executed or being
executed by them. They would also certify that the works had been or are being executed
satisfactorily by them. In case any of their contracts had been terminated or they were
otherwise penalised while executing the contracts, brief details should be provided.
2.18 Non-compliance of any of the conditions set-forth herein is liable to result in the tender
being rejected.
2.19 RDSO reserves the right to accept tender in part as per clause 17of the “Regulations and
instructions for tenderers and standard forms of contract 1971” provided the tenderer has
not imposed any condition for acceptance or rejection of the tender in its entirely.
Joint Director/Signal-IV,
Signal Lab, RDSO, Lucknow
Contractor’s
(SEAL)
Page 15 of 43
CHAPTER- 3
CONDITIONS OF CONTRACT
3.1 This chapter deals with the condition of contract under which the work coming under the
purview of this contract is to be executed by the contractor.
3.2 If the tender submitted by a tenderer is accepted and contract awarded to the tenderer, the
work coming within the purview of the contract shall be governed by the terms and
conditions included in the tender papers as modified or amended by the letter of
acceptance of tender.
3.3 Subject to as otherwise provided in the contract, all notices to be given on behalf of the
administration and all other action to be taken on his behalf may be given or taken, as the
case may be on his behalf by any of the accredited offices of RDSO, Lucknow.
3.4 The contractor shall intimate the purchaser, the address thereof to which all
correspondence should be sent.
3.5 Any bribe, commission, gift or advantage given or promised or offered by or on behalf of
the Contractor or his partner, agent or servant or any of his or on their behalf to any
officer, or employee of RDSO or to any person on his or their behalf in relation to the
obtaining or execution of this or any other contract with the RDSO shall, in addition to
any criminal liability which he may incur, subject the contractor to the rescission of the
contract and shall other contracts with RDSO and to the payment of any loss or damage
resulting entitled to account the amount so payable from any money due to the Contractor
under the contract or any other contract with RDSO. The Contractor shall not lend or
contracts with RDSO. The Contractor shall not lend or borrow from or have or enter into
any monetary dealings or transactions either directly or indirectly with any employee of
RDSO and if he shall do so the RDSO shall be entitled forth with to rescind the contract
and all other contracts with the RDSO. Any question or dispute as to the commission of
any offence or compensation payable to the RDSO in such manner as he shall be final
and conclusive.
3.6 DETERMINATION OF CONTRACT:
Notwithstanding the provisions under other paras, RDSO may at any time by a notice in
writing shall determine the contract without liability to pay any compensation to the
contractor in respect thereof in any of the following events: -
i) Insolvency: If the contractor being an individual, or if a firm, or any partner in the
contractor’s firm, shall at any time adjudged insolvent or shall have a receiving order
or order for administration of his estate made against him or shall take any
proceedings for liquidation or composition under any law relating to insolvency for
the time being in force or enter into any arrangement or composition with his
creditors or suspend payment, or if the firm be dissolved under the Partnership Act.
Page 16 of 43
ii) Liquidation: If the contractor being a company shall pass a resolution or the court
shall make an order for the liquidation of its affairs or a receiver or manager on
behalf of the debenture holders shall be appointed or circumstances shall arisen
which entitled the court or debenture holders to appoint a receiver or manager.
iii) Breach of Contract: If the contractor commits any breach of this contract nor herein
specified, provided for, provided always that such determination shall not prejudice
any right of act or remedy which shall have accrue thereafter to the RDSO and
provided also that the contractor shall be liable to pay RDSO any expenditure which
RDSO is thereby put to but shall not be entitled to any other and gain or repurchase.
In the event of such determination, without prejudice to the other rights and remedies
of the purchaser including the right of forfeiting the security deposit& performance
bond, RDSO shall be entitled to have the work or remainder thereof performed,
executed and or carried out by any other and hold the contractor liable for
reimbursement in the event of any loss on this account.
3.7 The successful tenderer shall within 15 days after having been called upon by notice to
do so, be bound to execute an agreement based on accepted rates and conditions.
3.8 SECURITY DEPOSIT AND PERFORMANCE GUARANTEE:
3.8.1 On receipt of the Letter of Acceptance of tender from the RDSO, the successful tenderer
shall deposit the security amount as mentioned below, otherwise it will be recovered from
earnest money & running payment to be made to tenderer. Amount of security deposit to
be deposited will be specified in the Letter of Acceptance of tender. Beside this,
successful tenderer has to give Performance Guarantee in the form of irrevocable bank
guarantee amounting to 5% of contract value as mentioned below. The Earnest Money
may be adjusted towards the payment of Security Deposit.
3.8.2 Security Deposit: Security Deposit (SD) shall be paid as under:-
a. The total Security Deposit for the work should be 5% of the contract value.
b. The earnest money deposited by the tenderer shall be adjusted towards payment of
security deposit. Balance amount of security deposit shall be recovered from the
running payment due to the tenderer. The rate of recovery from the running bill
should be at the rate of 10% of the bill amount till the full security deposit is
recovered.
c. Security Deposit will be recovered only from the running bills of the contract and
NO other mode of collecting SD such as SD in the form of Bank Guarantee, Fixed
Deposit etc. shall be accepted towards Security Deposit.
d. Security Deposit shall be returned to the contractor after successful completion of
warranty period of work as certified by the competent authority. The competent
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authority shall normally be the authority, who is competent to sign the contract. If
this competent authority is of the rank lower than Junior Administrative (JA) grade
officer, then a JA grade officer (concerned with the work) should issue the
certificate. The certificate, inter alia, should mention that the work has been
completed in all respects and that all the contractual obligations have been fulfilled
by the contractors and that there is no due from the contractor to railways/RDSO
against the contract concerned. Before releasing the SD, an unconditional and
unequivocal no claim certificate from the contractor concerned should be obtained.
3.8.3 Performance Guarantee (PG): The procedure for obtaining Performance Guarantee is
outlined below. Performa of Performance Guarantee Bond is mentioned in Form – 6.
(a) The successful bidder shall have to submit a Performance Guarantee (PG) within 30
(thirty) days from the date of issue of Letter Of Acceptance (LOA). Extension of time
for submission of PG beyond 30 (thirty) days and up to 60 days from the date of issue of
LOA may be given by the Authority who is competent to sign the contract agreement.
However, a penal interest of 15% per annum shall be charged for the delay beyond 30
(thirty) days, i.e. from 31st day after the date of issue of LOA. In case the contractor fails
to submit the requisite PG even after 60 days from the date of issue of LOA, the contract
shall be terminated duly forfeiting EMD and other dues, if any payable against that
contract. The failed contractor shall be debarred from participating in re-tender for that
work.
(b) The successful bidder shall submit the Performance Guarantee (PG) in any of the
following forms, amounting to 5% of the contract value:
(i) A deposit of Cash;
(ii) Irrevocable Bank Guarantee;
(iii) Government Securities including State Loan Bonds at 5% below the market value.
(iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms
of Performance guarantee could be either of the State Bank of India or of any of
the Nationalized Banks;
(v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks;
(vi) A Deposit in the Post Office Saving Bank;
(vii) A Deposit in the National Saving Certificates;
(viii) Twelve years National Defence Certificates;
(ix) Ten Years Defence Deposits;
(x) National Defence Bonds and
(xi) Unit Trust Certificates at 5% below market value or at the face value whichever is
less.
Also, FDR in favour of Executive Director/Finance, RDSO/Lucknow (free from any
encumbrance) may be accepted.
(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter of
Acceptance (LOA) has been issued, but before signing of the contract agreement. This
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P.G. shall be initially valid up to the stipulated date of completion plus 60 days beyond
that. In case, the time for completion of work gets extended, the contractor shall get the
validity of P.G. extended to cover such extended time for completion of work plus 60
days.
(d) The value of PG to be submitted by the contractor will not change for variation up to
25% (either increase or decrease). In case during the course of execution, value of the
contract increases by more than 25% of the original contract value, an additional
performance Guarantee amounting to 5% (five percent) for the excess value over the
original contract value shall be deposited by the contractor.”
(e) The Performance Guarantee (PG) shall be released after physical completion of the work
based on ‘Completion Certificate’ issued by the competent authority stating that the
contractor has completed the work in all respects satisfactorily. The Security Deposit
shall, however, be released only after expiry of the maintenance period (completion of
warranty period of the work) and after passing the final bill based on ‘No Claim
Certificate’ from the contractor.
(f) Whenever the contract is rescinded, the Security Deposit shall be forfeited and the
Performance Guarantee shall be encashed. The balance work shall be got done
independently without risk & cost of the failed contractor. The failed contractor shall be
debarred from participating in the tender for executing the balance work. If the failed
contractor is a JV or a Partnership firm, then every member/partner of such a firm shall
be debarred from participating in the tender for the balance work in his/her individual
capacity or as a partner of any other JV / partnership firm.
(g) 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 (notwithstanding
and/or 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 Clauses / 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.
3.9 QUALITY OF WORK:
a. All materials used in the work shall be of the best quality and of the class most
suited for the purpose specified.
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b. All work carried out shall also be of the best quality acceptable to the
administration.
3.10 SUB-CONTRACTORS:
The contractor shall not sub-let or assign this contract or allow any person to become
interested there in any manner, without the written permission of the Executive
Director(Co-Ord)/Director, Signal, RDSO, Manak Nagar, Lucknow-226 011.
3.11 The contractor shall at all times indemnify the Executive Director (Co-Ord)/Director,
Signal, RDSO, Manak Nagar, Lucknow and the Government against all claims for
compensation under the provision of the Workmen’s Compensation Act, 1923 as
modified up to date in force or any other law for the time being in force by or in respect
of any workmen employed by the contractor in carrying out his contract and against all
costs and expenses incurred or to be incurred by the administration in connection
therewith (without prejudice to other means of recovery), the RDSO or the administration
shall be entitled to deduct or withhold for any period of time considered reasonable by
the administration from any money due or to become due to the contractor (whether
under this contract or any other contract). All moneys paid or payable by the
administration by way of compensation as aforesaid or for costs or expenses in
connection with any claim thereto and this contractor shall abide by the decision of
administration to the sum payable by the contractor/ or to be withheld from his dues
under the provisions of this Para.
3.12 All costs, damages or expenses which the RDSO administration may incur, for which
under the terms of contract the contractor is liable, may be either deducted by the
administration at his discretion from any moneys due or to become due or refundable by
him to the contractor under the contract, or may be recovered by action at law or
otherwise from the contractor. The RDSO administration reserves the right and shall be
entitled to retain payments due to contractor under this contract and to set off the same
against all claims whether arising out of any other transaction whatever due to the
contractor.
3.13 The contractor shall provide at his cost all equipment tools, machinery etc. required for
maintenance of the equipment and installations covered under this contract.
3.14 In the event of any of the provisions of the contract requiring to be modified after the
contract documents have been signed, the modifications shall be made in writing and
signed by the RDSO and the contractor, and no work shall proceed under such
modifications until this has been done. Any verbal or written abandoning, modifying,
extending, reducing, supplementing the contract or any terms thereof shall be deemed
conditional and not be binding on the RDSO unless and until the same is incorporated in
formal instrument and signed by the RDSO, and the contractor and till then the RDSO
shall have the right to repudiate such arrangement.
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3.15 The RDSO shall not be liable to the contractor for any matter arising out of, or in
connection with the contract of the work unless the Contractor shall have made a claim in
writing in respect thereof.
3.16 LOSS SUSTAINED DUE TO DEFAULT OF CONTRACTOR:
In the event of any loss to the RDSO on account of execution of work or any part thereof
by agencies other than the contractor, in case of default by the contractor, the contractor
shall be liable to reimburse the loss to RDSO without prejudice to the other rights and
remedies of RDSO, and the reimbursement in full or in part as the case may be, shall be
met, at the option of RDSO from out of all or any of the following sources, viz.
i) Any amount due to the contractor by RDSO on any account what so ever,
ii) The contractor’s security deposit & performance guarantee bond in the hands of
RDSO as far as available,
iii) Any other assets whatsoever of the contractor.
3.17 SETTELEMENT OF DISPUTE AND ARBITRATION (Ref. G.C.C. Para 63 & 64
revised in year 1997):
3.17.1 MATTERS FINALLY DETERMINED BY RDSO: All disputes and differences of any
kind whatever arising out of or in connection with the contract, whether during the
progress of the works or after its completion and whether before or after the
determination of the contract, shall be referred by the contractor to RDSO and RDSO
shall within a period of 120 days after receipt of the contractor’s representation make and
notify decisions on all matters referred to by contractor in writing provided that matters
for which provision has been made in clauses 8, 18, 22(5), 39, 43(2), 45(a), 55, 55-A(5),
57, 57A, 61(1), 61(2) and 62(1) to (xiii) (B) of General conditions of the contract or in
any clause of special conditions of contract shall be deemed as ‘excepted matters, and
decision of RDSO authority, thereon shall be final and binding on the contractor provided
further that ‘expected matters’ shall stand specifically excluded from the purview of
arbitration clause and not be referred to arbitration.
3.18 DEMAND FOR ARBITRATION:
In the event of any dispute and difference between the parties hereto as to the
construction or operation of this contract, or the respective rights and liabilities of the
parties on any matter in question, dispute or difference on any account, or as to the
withholding by RDSO of any certificate to which the contractor may claim to be entitled
to, or if RDSO fails to make a decision within 120 days, then and in any such case, but
except in any of the “excepted matter” referred to in clause 3.17.1 of these conditions, the
contractor, after 120 days but within 180 days of his presenting his final claim on
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disputed matters, shall demand in writing that the dispute or difference be referred to
Arbitration.
(a) The demand for arbitration shall specify the matters, which are in question or subject
of the dispute or difference as also the amount of claim item wise. Only such dispute
(s) or difference (s) in respect of which the demand has been made, together with
counter claims or set off shall be referred to arbitration and other matters shall not be
included in the reference.
(b) The arbitration proceedings shall be assumed to have commenced from the day, a
written and valid demand for arbitration is received by RDSO.
(c) The claimant shall submit his claim stating the facts supporting the claims along
with all relevant documents and the relief or remedy sought against each claim
within a period of 30 days from the date of appointment of Arbitral Tribunal.
(d) RDSO shall submit its defence statement and counter claim(s), if any, within a
period of 60 days of receipt of copy of claims from Tribunal thereafter, unless
otherwise extension has been granted by Tribunal
(e) Either party shall add no new claims during proceedings. However, a party may
amend or supplement the original claim or defense thereof during the course of
arbitration proceedings subject to acceptance by Tribunal having due regard to
delay in making it.
(f) If the contractor (s) does/do not prefer his/their specific and final claims in writing,
within a period of 90 days of receiving the intimation from the Railways that the
final bill is ready for payment, he/they will be deemed to have waived his/their
claim(s) and RDSO shall be discharged and released of all liabilities under the
contract in respect of these claims.
3.19 OBLIGATIONS DURING PENDENCY OF ARBITRATION: Work under the contract,
unless otherwise directed by the engineer shall continue during the arbitration
proceedings, and no payment due or payable by RDSO shall be withheld on account of
such proceedings provided, however, it shall be open for the arbitral tribunal to consider
and decide whether or not such work should continue during arbitration proceedings.
3.20 In cases where the total value of all claims in question added together does not exceed
Rs.10,00,000/- (Rs. Ten Lakh only), the Arbitral Tribunal consist of a sole arbitrator who
shall be either Director General or a Gazetted Officer of RDSO not below than JA grade
nominated by Director General on that behalf. The sole arbitrator shall be appointed
within 60 days from the day when a written and valid demand for arbitration is received
by RDSO.
(a) In cases not covered under clause above, the Arbitral Tribunal shall consist of a
panel of three Gazetted Officers not below than JA grade, as the Arbitrators. For
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this purpose, RDSO will send a panel of more than three names of Gazetted Officers
of one or more departments of RDSO to the contractor, who will be asked to suggest
to the Director General up to two names out of the panel for appointment as
contractor’s nominee. The Director General shall appoint at least one out of them as
the contractor’s nominee and will, also simultaneously appoint the balance number
of arbitrators either from the panel or from outside the panel, duly indicating the
presiding arbitrator amongst the three arbitrators to appointed while nominating as
arbitrators, it will be necessary to ensure that one of them is from Accounts
department. An officer of selection grade of the account department shall be
considered as equal status to officer in SA grade of other departments of RDSO for
purpose of appointment of arbitrators.
(b) If one or more of the arbitrators appointed as above refuses to act as arbitrator,
withdraws from his office as arbitrators, or vacates his/their office/offices or is/are
unable or unwilling to perform his function as arbitrator for any reason whatsoever
or dies, or in the opinion of Director General fails to act without under delay, the
Director General shall appoint a new Arbitrator/Arbitrators to act in his/their place in
the same manner in which earlier arbitrator/arbitrators had been appointed. Such re-
constituted Tribunal, may at its discretion, proceeds with reference from the stage at
which it was left by previous arbitrator (s)
(c) The Arbitral Tribunal shall have power to call for such evidence by way of
affidavits or otherwise as the Arbitral Tribunal shall think proper and it shall be the
duty of parties hereto to do or cause to be done all such things as may be necessary
to enable the Arbitral Tribunal to make the award without any delay.
(d) While appointing Arbitrator (s) under sub clause above due care shall be taken that
he/they is/are not the one/those who had an opportunity to deal with the matters to
which the contract relates or who in the course of his/their duties as Railway servant
(s) has/have expressed views on all or any of the matters under dispute and
differences. The proceedings of the Arbitral Tribunal or the award made by such
tribunal will, however, not be invalid merely for the reason that one or more
Arbitrator had, in the course of his service, opportunity to deal with the matters to
which the contract relates or who in the course of his/their duties expressed views on
all or any of matters under dispute.
(e) The arbitral awards shall state item wise the sum and reasons upon which it is based.
(f) A party may apply for corrections of any computational errors, any typographical or
clerical errors or any other errors of similar nature occurring in the award and
interpretation of a specific point of award to tribunal within 30 days of receipt of the
award.
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(g) A party may apply to Tribunal within 30 days of the receipt of the award to make an
additional award as to claims presented in the Arbitral proceedings but omitted from
Arbitral award.
3.21 In case of Tribunal, comprising of three members, any ruling or award shall be made by a
majority of members of Tribunal. In the absence of such a majority, the views of the
presiding arbitrator shall prevail.
3.22 Where the arbitrator award is for the payment of money, no interest shall be payable on
whole or any part of the money for any period till the date on which the award is made.
3.23 The cost of arbitration shall be borne by respective parties. The cost shall enter-alia
include fee of the arbitrator (s) as per rates fixed by the Railway administration from time
to time.
3.24 Subject to the provisions of aforesaid, Arbitration and conciliation Act, 1996 and the
Rules, they’re under and any statutory modification thereof shall apply to the Arbitration
proceedings under this clause.
3.25 CONTRACTOR’S UNDERSTANDING: It is understood and agreed that the contractor
has by careful examination, satisfied himself as to the nature and location of the work, the
character of equipment and facilities needed, preliminary to any during the persecution of
works, the general and local conditions, the labour conditions prevailing therein and all
other matters which can in any way affect the works under the contract.
3.26 The RDSO and the contractor shall sign the contract documents in duplicate. The contract
documents are complementary, and what is called for by anyone shall be binding as if
called for by all.
3.27 The Contractor shall conform to the provision of any stature relating to the works and
regulations and by-laws of any local authority.
3.28 All notices, communications, references and complaints made by the Director General /
RDSO through Signal Directorate or their representatives or the contractor concerning
the works shall be in writing and no notice, communication, reference or complaint not in
writing shall be recognised.
3.29 SAFETY MEASURES:
(a) The contractor shall take all precautionary measures in order to ensure the
protection of his own personal moving about or working in the RDSO premises, but
shall then confirm to the rules and regulations of the railways & RDSO.
(b) The contractor shall abide by all Railways & RDSO regulations in force for the
time being and ensure that his representatives, agents or sub-contractors or
workmen follow the same. He shall give due notice to his employees and works
about provision of the Para.
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3.30 The contractor shall indemnify and save harmless the RDSO against all actions, suit,
proceedings losses, costs, damages, charges, claims and demands of every nature and
description brought or recovered against the RDSO by reason of any act or omissions of
the contractor, his agents or employees, in execution of the works or in the guarding of
the same. All sums payable by way of compensation under any of these conditions shall
be considered as reasonable compensation to be applied to the use of the RDSO without
reason or reference to the actual loss or damage sustained and whether or not any damage
shall have been sustained.
3.31 FINAL SETTLEMENT AND REFUND OF SECURITY DEPOSIT:
(a) On successful completion of warranty period and issue of the certificate for final &
satisfactory completion of work & warranty period, the security deposit will be
refunded to the contractor, subject to the conditions laid down in clause (b) below
and as specified in Para 3.8 of tender document.
(b) It is an agreed term of contract that the RDSO reserves to itself the right to carry out
a post payment audit and/or technical examination of the works and the final bill,
including all supporting vouchers, abstract etc, and to make a claim on the contractor
for the refund of any excess amount paid to him if as a result of such examination
any over payment to him is discovered to have been made in respect of any work
done or alleged to have been done by him under the contract.
(c) The initial security deposit shall, however, be liable to be forfeited and performance
guarantee bond will be encashed in case of any breach of the contractor of any of the
conditions of the contract or for non-completion of the full contract without
prejudice to other rights and remedies of the purchaser whether specifically provided
for herein or otherwise.
3.32 Income tax at the rate of 2.27% of the gross amount will be deducted from all bills of the
contractor in accordance with the Section 1940 of the Income Tax Act 1961 as introduced
through the Finance Act of 1972 or any applicable amendment or modification thereof.
3.33 The contractor shall comply with the provisions of Payment of Wages Act 1936 or any
amendment or modification thereof for all employees employed by him in carrying out
this contract.
3.34 SPECIAL INSTRUCTIONS TO THE TENDERERS: The tenderers should go through
the following instructions carefully prior to quoting the rates for different items.
(i) Tenderer of adequate experience and resourcefulness should only quote to ensure
the good quality work.
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(ii) The tenderer/ contractor shall be responsible for any damage or loss to RDSO or the
administration or of the materials of the buildings and shall be liable to pay the
costs of such loss or damage occurred during the execution of the work.
(iii) False statement made deliberately will make the tender liable to be rejected.
(iv) Tenderer should visit RDSO and get acquaintance with locations where the work of
provision of passive components related to Local Area Network are to be executed
before quoting the rates and should familiarise with the scope of work fully.
(v) Form of Agreement: The successful tenderer shall be within 15 days after having
been called upon notice to do so, be bound to execute an agreement based on
accepted rates and condition and lodge the same with the RDSO together with
conditions of contract and specification and schedule of price referred to therein
duly completed.
(vi) The quantities given in the schedule are approximate and contractor shall be bound
to execute the work up to 25% variation in the quantities as per the agreed rates
and no claim on this account shall be entertained.
3.35 Variation: The procedure detailed below shall be adopted for dealing with variations in
quantities during execution of works contracts:
3.35.1 Individual NS (Non Schedule) items in contracts shall be operated with variation of plus
or minus 25% and payment would be made as per the agreement rate. For this, no finance
concurrence would be required.
3.35.2 In case an increase in quantity of an individual item by more than 25% of the agreement
quantity is considered unavoidable, the same shall be got executed by floating a fresh
tender. If floating a fresh tender for operating that item is considered not practicable,
quantity of that item may be operated in excess of 125% of the agreement quantity
subject to the following conditions:
a) Operation of an item by more than 125% of the agreement quantity needs the
approval of an officer of the rank not less than S.A. (Senior Administrative) Grade;
(i). Quantities operated in excess of 125% but upto 140% of the agreement
quantity of the concerned item, shall be paid at 98% of the rate awarded for
that item in that particular tender.
(ii). Quantities operated in excess of 140% but upto 150% of the agreement
quantity of the concerned item shall be paid at 96% of the rate awarded for that
item in that particular tender.
(iii). Variation in quantities of individual items beyond 150% will be prohibited and
would permitted only in exceptional unavoidable circumstances with the
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concurrence of associate finance and shall be paid at 96% of the rate awarded
for that item in that particular tender.
b) The variation in quantities as per the above formula will apply only to the
Individual items of the contract and not on the overall contract value.
c) Execution of quantities beyond 150% of the overall agreement value should not be
permitted and , if found necessary, should be only through fresh tenders or by
negotiating with existing contractor, with prior personal concurrence of FA &CAO/
FA&CAO(c) and approval of General Manager.
3.35.3 In cases where decrease is involved during execution of contract:
(a). The contract signing authority can decrease the items upto 25% of individual item
without finance concurrence.
(b). For decrease beyond 25% for individual items or 25% of contract agreement value,
the approval of an officer not less than rank of S.A. Grade may be taken, after
obtaining ‘No Claim Certificate’ from the contractor and with finance concurrence,
giving detailed reasons for each such decrease in the quantities.
(c). It should be certified that the work proposed to be reduced will not be required in
the same work.
3.35.4 The limit for varying quantities for minor value items shall be 100% (as against 25%
prescribed for other items). A minor value item for this purpose is defined as an item
whose original agreement value is less than 1% of the total original agreement value.
3.35.5 No such quantity variation limit shall apply for foundation items.
3.35.6 As far as SOR items are concerned, the limit of 25% would apply to the value of SOR
schedule as a whole and not on individual SOR items. However, in case of NS items, the
limit of 25% would apply on the individual items irrespective of the manner of quoting
the rate (single percentage rate or individual item rate).
3.35.7 For the tenders accepted at Zonal Railways level, variations in the quantities will be
approved by the authority in whose powers revised value of the agreement lies.
3.35.8 For tenders accepted by Director General/ General Manager, variations up to 125% of the
original agreement value may be accepted by Director General/ General Manager.
3.35.9 For tenders accepted by Board Members and Railway Ministers, variations up to 110% of
the original agreement value may be accepted by Director General/ General Manager.
3.36 Vitiation: The aspect of vitiation of tender with respect to variation in quantities should
be checked and avoided. In case of vitiation of the tender (both for increase as well as
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decrease of value of contract agreement), sanction of the competent authority as per
single tender should be obtained.
3.37 FORCE MAJEURE:
a. If, at any time, during the continuance of the contract agreement, the performance in
whole or in part by either party of any obligation under the agreement shall be
prevented or delayed by reasons of any war, hostile acts of the enemy, civil
commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions,
strikes and lockouts and any statute, statute rules, regulations, orders or requisitions
issued by any Govt. Department or a competent authority or acts of god (hereinafter
referred to as eventualities), then provided notice of the happening of any such
eventuality is given by either party to the other within fifteen days from the date of
occurrence thereon, neither party shall, by reason of such eventualities be entitled to
terminate this contract agreement nor shall either party have any claim for damages
against the other in respect of such non-performance or delay in performance.
b. Performance of the contract agreement shall, however, be resumed as soon as
practicable after such eventuality has come to an end or ceased to exist. Provided
that, if performance in whole or part of any obligation under the contact agreement is
delayed by means of any such eventuality for a period exceeding six months, either
party may at his option, terminate the contract agreement provided further that in the
event of such prevention or delay as aforesaid, then, instead of exercising the option,
both parties may consult with each other with a view to agreeing between them the
action mutually to be taken in order to minimise the effects of such prevention or
delay and continue the operation of this contract agreement.
Joint Director/Signal-IV,
Signal Lab, RDSO, Lucknow
Contractor’s
(SEAL)
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CHAPTER- 4
TECHNICAL SPECIFICATION & SPECIAL CONDITIONS OF THE CONTRACT
4. Scope of work:
4.1 The scope of the work under this Tender for “Preventive Annual Maintenance Contract
(AMC) of Environmental Chambers of Signal Lab of RDSO, Lucknow for a period of
one Year” is as specified in Schedule of Work and Rates in form 4.
4.1.1 To keep the Environmental Chambers of Signal Lab of RDSO, Lucknow in working
condition, the contractor shall carry out preventive and corrective maintenance regularly.
Equipment fault/break down should be attended within 24 (Twenty four) hrs. and get
resolved within 48 hrs. from the reporting time.
4.2 Quantum of work & methodology:
4.2.1 The contractor shall provide periodic and preventive maintenance service at regular
interval to ensure the smooth running of Environmental Chambers. The preventive
maintenance should be carried out at least once in three months which, shall include
the following:
(a) Regular preventive maintenance of Environmental Chambers.
(b) Spares like screws, nut-bolt, wire, electronic components etc are to be provided by
the contractor .(Major spares and gas are to be provided by RDSO)
4.2.2 It shall be the responsibility of the contractor to ensure that all Environmental Chambers
as specified in schedule is in working order on every working/non-working day. In case of
emergency, RDSO will inform the service engineer and local office of the contractor over
phone and arrangement for rectification of fault shall be made by contractor immediately.
Contractor will be required to maintain complete documentation of systems and the
services provided by them.
4.2.3 If the equipment is not repaired within the time frame as mentioned in 4.1.1, a penalty @
1% of AMC cost of the equipment shall be imposed per day subject to maximum 10%
AMC cost of the equipment.
4.2.4 Quality and standard of parts replaced shall be of original or similar so that quality of
service is not degraded.
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4.2.5 As a part of AMC, if the contractor needs to replace any of the hardware part, he will
replace with suitable hardware part so that equipment functions during the tenancy of
AMC.
4.2.6 All types of defects/bugs in software/hardware will be rectified as part of AMC. It
includes replacement of any hardware/software if required.
4.2.7 The record for the work done during AMC & failure calls shall be maintained. It shall be
jointly signed by the representative of the Contractor & representative of the Railway
4.2.8 A register would be maintained at RDSO giving details of time /date when fault message
is recorded and when the service personnel visited the site, nature of repairs carried out
and time/ date when equipment repaired/ reinstalled to the entire satisfaction of RDSO.
4.2.9 The contractor shall maintain a log of defects noticed, details of repairs carried out, by
whom, cards/ spare parts replaced etc. for each equipment. The record shall be kept in
RDSO and shall be got countersigned by RDSO representative.
4.2.10 The RDSO Administration shall afford access to the site for the purpose of the contract to
the contractor’s engineer. The nominated official of RDSO who are familiar with the
equipment shall supervise the work.
4.2.11 The RDSO reserves the right to add or withdraw any item/equipment to/ from the
maintenance for any reasons during the period of contract for which there shall be a pro-
rata adjustment in the maintenance charges on the basis of rates accepted as per Schedule
of Work and Rates.
4.2.12 Contractor’s personnel shall follow all security procedures as prescribed by Railways for
entry of personnel or bringing in or taking out the material concerning to this contract.
4.3 Payment terms & Conditions- Payment will be made on quarterly basis subject to a
certificate from JE/SSE Environmental Lab of Signal Lab regarding satisfactory
maintenance.
4.4 Recoveries- All recoveries or payments due from the contractors shall ordinarily be made
by deduction from the next payment due to the contractor.
4.5 Reduction of payment for the deletion of items condemned: - During the currency of
the contract awarded to the contractor within the scope of the work, any equipment or part
thereof in the maintenance of the Environmental Chambers is condemned, necessarily the
same shall be deleted from the schedule of work for further maintenance period as the case
may be and the amount of the maintenance charges shall be reduced proportionately.
4.6 Performance Bank Guarantee and Security Deposit: It shall be as per Para 3.8 of
Conditions of Contract (Chapter–III) of the tender documents.
Page 30 of 43
4.7 Programme of works
Letter of Acceptance (LOA) accepted by tenderer is binding on contract and within 15
days after acceptance of LOA, the contractor shall submit the following:
i) Methods to be adopted for upkeep and maintenance of Environmental Chambers of
Signal Lab.
ii) Solutions for getting best response and methods
The date of commencement of Annual Maintenance Service under the AMC shall be
reckoned from the date of actual start of the work after issue of Letter of Acceptance.
4.8 The contractor has to employ technically competent person/persons, well experienced to
maintain Environmental Chambers of Signal Lab and all concerned software/hardware.
Contractor should nominate the service engineer to carry out this annual maintenance
work in the start itself and should not change unless until asked to do so. In case if
change of service engineer is necessary due to unavoidable circumstances, new service
engineer should have the qualification as mentioned in Para 4.9. Documentary proof for
the same should be given.
4.9 Qualification of Service Engineer
Academic qualification of Service Engineer shall be B.Tech./Diploma in suitable branch
of Engg.
Documentary proof for the above should be given with the tender document.
4.10 Test & measuring instruments, special tools and installation material
Special tools required for installation and maintenance of all the equipment shall be
arranged by the contractor in adequate quantities. No additional charges shall be payable
on this account.
4.11 Penalties
4.11.1 Due to importance of timely repair & uptime of the equipment the Liquidated damages
on shortfall in system availability will be payable by the contractor as per the rates
indicated here under.
4.11.2 After receipt of complaint, the Contractor’s personnel shall attend the site within 24 hours
on working day beyond which a penalty of Rs. 500/- per day shall be levied for late
attendance. In case equipment or application remains faulty or un-operative without
proper substitute provided this will be amount to unavailability of that equipment to
Page 31 of 43
RDSO. For such unavailability penalty will be levied which will be calculated as
follows:
4.11.3 The penalty for unavailability will be 1% each day of the Annual Maintenance Charges of
that equipment, which can be maximum upto 10% of AMC value of faulty equipment.
However period stipulated in para no 4.1.1 will stand.
4.11.4 While calculating the days of unavailability, the day on which complaint is registered will
be excluded for calculation.
4.12 Prices: The prices quoted by the contractor should include all the running expenses,
arising in the course of work and inclusive of all taxes. The prices shall be quoted in
rupees for the units under the metric system. The prices should be quoted in words and
figures both.
4.13 The tenderer shall fully associate the RDSO’s officials at every stage for maintenance of
Environmental Chambers of Signal Lab.
4.14 Refund of Security Deposit: After completion of AMC period as certified by competent
authority, security deposit will be refunded to the contractor as per clause no. 3.8.
4.15 In case of any dispute, the decision of the RDSO engineer(s) will be final and binding on
the contractor. All disputes are subjected to jurisdiction of Lucknow Courts.
4.16 Errors, Omissions and Discrepancies: The contractor shall not take any advantage of
any misinterpretation of the conditions due to typing or any other error and if in doubt
shall bring first to the notice on the engineer without any delay. In case of any such
conditions, only the printed Rules and Books should be followed and no claim for the
misinterpretation shall be entertained.
4.17 Special conditions of the contract should be read in conjunction with the special
instructions to the tenderers along with schedule of rates and quantities.
4.18 Termination of the Contract: RDSO administration shall have the rights to terminate
the contract at any-time, without assigning any reason, during the currency of contract by
giving one month notice to the contractor in writing.
4.19 The tenderer shall fully associate the RDSO's officials at every stage for satisfactory
execution of above mentioned work.
Joint.Director/Signal-IV,
SignalLab,RDSO, Lucknow
Contractor’s
(SEAL)
Page 32 of 43
FORMS FOR TENDER
FORM No. Description
Form-1 Offer Letter
Form -2 Memorandum of Association of the Tenderer
Form -3 Deviation from the Tender Papers
Form -4 Tender Schedule of work and Rates
Form- 5 Tenderer’s Credentials:
Form -6 Performa for Performance Bank Guarantee Bond
Form -7 Certificate from Tenderer
Form-8 Performa for furnishing Bank Account details for release of EMD
Page 33 of 43
FORM - 1
OFFER LETTER
From:
M/s_________________
____________________
____________________
To
President of India,
Acting through Director General/Signal,
RDSO, Manak Nagar,
Lucknow – 226 011.
Sir,
Sub: Tender for Preventive Annual Maintenance Contract (AMC) of
Environmental Chambers of Signal Labof RDSO, Lucknow for a period of
one Year.
1. I/We _______________________ have read the instructions to tenderers and the
conditions of tendering and hereby agree to abide by the said conditions. I/We also agree
to keep this tender open for acceptance for a period of THREE months from the date
fixed for opening the same and in default thereof I/We will be liable for forfeiture of
my/our earnest money deposit. I/We offer to do the work relating to “Preventive Annual
Maintenance Contract (AMC) of Environmental Chambers of Signal Lab of RDSO,
Lucknow for a period of one Year”as per tender schedule, scope of work and technical
specification and hereby bind myself /ourselves to complete the work at the prices quoted
in the attached schedules of prices.
I/We fully understand and hereby agree to abide by the General and Special Conditions
of Contract and to carry out the work according to the specification for the present
contract as modified by this tender.
2. I/We deposited with the required sum of Rs. __________________________as earnest
money in respect of this tender for which receipt No._______ dated ________has been
granted.
OR
Demand draft in favour of Executive Director Finance, RDSO, Manak Nagar, Lucknow
payable at Lucknow.
Page 34 of 43
3. Full value of the earnest money in respect of this tender - The full value of earnest money
shall stand forfeited without prejudice to any other rights or remedies if:
3.1 I/We do not execute the agreement within fifteen days after receipt of notice issued by
the Railway that such agreement is ready, or.
3.2 I/We do not commence the work on the date stipulated in the approved schedule of work.
4. Until a formal agreement is prepared and executed, acceptance of this tender shall
constitute a binding contract between us subject to modifications, as may be mutually
agreed between us and indicated in the letter of acceptance of my/our offer for this work.
5. I/We have visited the RDSO/Lucknow and seen office buildings, laboratories etc. where
work in connection of “Preventive Annual Maintenance Contract (AMC) of
Environmental Chambers of Signal Lab of RDSO, Lucknow for a period of one Year”is
to be executed.
Yours faithfully,
Place: Signature of the Tenderer
Date: SEAL OF THE TENDERER
Witnessed by:
1. Signature : __________________
Name in block letters: __________________
Address:____________________________
2. Signature: _____________________________
Name in block letters: ___________________
Address: _____________________________
Page 35 of 43
FORM- 2
MEMORANDUM OF ASSOCIATION OF THE TENDERER
(Including the power of attorney)
Place: Signature of the Tenderer
Date:
SEAL OF THE TENDERER
-
Page 36 of 43
FORM -3
DEVIATION FROM THE TENDER PAPERS
Para No. Deviations offered Reason for the deviation from the
conditions of the tender papers
Place: Signature of the Tenderer
Date:
SEAL OF THE TENDERER
Page 37 of 43
Tender No.STS/ENVL/Chamber/AMC/2015 Date :21.12.2015
FORM – 4: Tender Schedule of Work & Rates
Name of work: Preventive Annual Maintenance Contract (AMC) of Environmental Chambers of Signal Lab of
RDSO, Lucknow for One Year.
Detailed Estimate for Preventive AMC of Environmental Chambers of Signal Lab of RDSO for One year.
S.No. Description of Item Unit Qty. Rate in
figures Rs.
Rate in words
Rs.
Amount in
figures Rs.
Amount in
words Rs. 1. Dust Chamber, Make: Balice Systems &
Controls Pvt. Ltd.
No. 1
2. Environmental chamber (Hot & Cold chamber) Make: Ballice Systems & Controls Pvt. Ltd. Temperature Range: -50°C to 200°C.
No. 1
3. Environmental chamber (Hot & Cold chamber) Make: Ballice Systems & Controls Pvt. Ltd. Temperature Range: -50°C to 100°C
No. 1
4. Environmental chamber (Hot & Cold chamber) Make: Envirotech Engineers (India) Pvt. Ltd., Temperature Range: -30°C to 200°C, Humidity : Ambient to 100%
No. 1
5. Salt spray Chamber with humidity, Make: Balice Systems & Controls Pvt. Ltd., Temperature Range: -25°C to 55°C, Humidity : Ambient to 100%
No. 1
6. Environmental chamber, Make: Kasco Industries, Temperature Range: -20°C to 200°C, Humidity : 20% to 97%
No. 1
Page 38 of 43
7. Hot Chamber, Make: Balice Systems & Controls Pvt. Ltd., Temperature Range: 0°C to 200°C.
No. 2
8. Sub-Total (Item 1 to 7 above)
9. Service Tax if any
10. Total for One Year
NOTE:1.Rate and Amount must be quoted both in WORDS and FIGUREs. Rate & Amount of each item of tender
schedule are to be quoted separately in the given space.
JointDirector/Signal-IV,
Signal Lab, RDSO, Lucknow
Contractor’s
(SEAL)
Page 39 of 43
FORM - 5
TENDERER’S CREDENTIALS:
Please furnish the following details:
1. Give details of your previous experience on the work of execution of Preventive
Annual Maintenance Contract (AMC) of Environmental Chambers in
reputed organizations.
2. Have you any consultants to assist you in this work? If so, give full particulars.
3. Give details of technical personnel you would employ for execution of this contract
and a brief note about their qualifications and experience.
4. The technical personnel so employed for execution of contract shall not be changed or
replaced by the other personnel without prior permission of the RDSO administration.
Note: Above information shall be precise with full details.
Place: Signature of the Tenderer
Date:
SEAL OF THE TENDERER
Page 40 of 43
FORM – 6
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Ref…………………………… Dated………………………….
Bank Guarantee No………………………
To,
The President of India,
Acting through, Executive Director (Finance),
Research, Designs & Standards Organization,
Ministry of Railways, Manak Nagar,
Lucknow – 226 011 (UP) INDIA.
1. Against contract (or vide Advance Acceptance of the Tender) no.
…………………………………………………………………dated………………….
covering Preventive Annual Maintenance Contract (AMC) of
Environmental Chambers for OneYear (hereinafter called the said ‘contract’)
entered into between the President of India acting through JointDirector/Signal-
IV,Signal Lab,of RDSO (Designation of Contracting Authority) and
………………………………(hereinafter called the ‘contractor’). This is to certify
that at the request of the Contractor, we………………………………..Bank Ltd., are
holding in trust in favour of the president of India, the amount of
………………………(write the sum herein words) to indemnify and keep
indemnified the President of India (Govt. of India) against any loss or damage that
may be caused to or suffered by the President of India (Govt. of India) by reason of
any breach by the Contractor of any of the terms and conditions of the said contract
and / or the performance thereof. We agree that the decision of the President of India
(Govt. of India), whether any breach of any of the terms and conditions of the said
contract and / or in the performance thereof has been committed by the Contractor and
the amount of loss or damage that has been caused or suffered by the President of
India (Govt. of India) shall be final and binding on us and the amount of the said loss
or damage shall be paid by us forthwith on demand and without demur to the
President of India (Govt. of India).
2. We………………………………..Bank Ltd., further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be taken
for satisfactory performance and fulfillment in all respects of the said contact by the
Contractor i.e. till …………………… hereinafter called the said date and that if any
claim accrues or arises against us …………………Bank Ltd., by virtue of this
guarantee before the said date, the same shall be enforceable against
us…………………… Bank Ltd., notwithstanding the fact that the same is enforced
within six months after the said date, provided that notice of any such claim has been
given to us………………Bank Ltd., by the President of India (Govt. of India) before
the said date. Payment under this letter of guarantee shall be made promptly upon our
receipt of notice to that effect from the President of India (Govt. of India).
Page 41 of 43
3. It is fully understood that this guarantee is effective from the date of the said contract
and that we …………………………Bank Ltd., undertake not to revoke this
guarantee during its currency without the consent in writing of the President of India
(Govt. of India).
4. We………………………Bank Ltd., further agree that the President of India (Govt. of
India) shall have the fullest liberty without affecting in any manner our obligations
hereunder to vary any of the terms and conditions of the said contract or to extend
time of performance by the contractor from time to time or to postpone for any time
or from time to time any of the powers exercisable by the President of India (Govt. of
India) against the said Contractor and to forbear or enforce any of the terms and
conditions relating to the said contract and we……………………… Bank Ltd. shall
not be released from our liability under this guarantee by reasons of any such
variation or extension being granted to the said contractor or for any forbearance and /
or omission on the part of the President of India or any indulgence by the President of
India to the said Contractor or by any other matter or thing what-so-ever which, under
the law relating to sureties, would but for this provision have the effect of so releasing
us from our liability under this guarantee.
5. We…………………………Bank Ltd., further agree that the guarantee herein
contained shall not be affected by any change in the constitution of the said
contractor.
Date……….………………… Signature…………………………….
Place………………………… Printed name ……………………….
Witness……………………… ………………………………….…….
(Designation)
……………….….………………….
(Bank’s Common Seal)
Page 42 of 43
FORM - 7
The tenderer will give a certificate as under:
“I/We certify that I/We have checked the downloaded tender documents with the tender
documents available online at www.rdso.indianrailways.gov.in and there is no
discrepancy/variation/printing mistake and it is further certified that no alteration
/modification has been made in the tender documents. I/We accept that the entire
responsibility of ensuring that the application form along with other documents is as per
original available on website is mine/ours. I/We also agree that if anything contrary is found
the decision of RDSO administration will be final and binding on me/us.’’
Yours faithfully,
Place____________________
Date____________________
Signature of the Tenderer
Page 43 of 43
FORM - 8
Performa for furnishing Bank Account details for release of EMD through
NEFT/RTGS
1. Customer’s Name:
2. Particulars of Bank Account:
A. Name of the Bank:
B. Name of the Branch:
C. Address:
D. Telephone No.
E. 9 Digit code number of the bank and branch
(Appearing on the MICR cheque issued by the Bank)
F. Type of the account (S.B, Current or Cash Credit) with code 10/11/13:
G. Account number (as appearing on the cheque book)
(In lieu of the bank certificate to be obtained as under, please attach a bank cancelled
cheque or photocopy of a cheque or front page of your bank passbook issued by your
bank for verification of the above particulars.)
3. I hereby declare that the particulars given above are correct and complete. If the
transaction is delayed or not effected at all for reason of incomplete information, I
would not hold the user institution responsible. I have read the option invitation letter
and agree to discharge the responsibility expected of me as a participant under the
scheme.
Date:
Signature of the Tenderer
