GOVERNMENT OF INDIA/BHARAT SARKAR MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

TENDER NOTICE

OPEN TENDER NO. CS-164/2010

Sub: Tender No.CS-164 of 2010 for manufacture and supply of 53-S Grade Ordinary Portland Cement as per BIS specification IS-12269: 1987 with amendment No.6 of June 2000 for use in the manufacturing of concrete sleepers.

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The President of India hereinafter referred to as the Executive Director, Track (M), Ministry of Railways (Railway Board), New Delhi invites tender for manufacture and supply of 53-S Grade Ordinary Portland Cement, as per conditions detailed in Tender Document, from the manufacturers having BIS licence for manufacturing 53-S Grade Ordinary Portland Cement as per BIS specification IS-12269: 1987 with amendment No.6 of June 2000 for 8,00,000 (Eight lac) Metric Tonnes quantity.

The cost of tender documents which is Rs. 2000/- (Rupees Two Thousand only) is to be deposited with the FA&CAO/Divisional Cashier of any of the Zonal Railway(s). The tender documents can be had from the office of the Executive Director, Track (M), Room No. 146, Ministry of Railways (Railway Board), Rail Bhavan, Raisina Road, New Delhi-110001 on production of Original Cash Receipt of Rs. 2000/- issued from FA&CAO/ Divisional Cashier of any Zonal Railways, between 10:00 hrs to 12:00 hrs. on all working days from 03.08.2010 to 14.09.2010. The tender documents can also be obtained by post after furnishing the original cash receipt of Rs. 2100/- (Rs. 2000/- cost of tender documents and Rs. 100/- as the postal charges). However, the Railway will not be responsible for any postal delay. Offers are to be submitted in a sealed cover in the office of the Executive Director, Track (M), Room No. 146, Ministry of Railways (Railway Board), Rail Bhavan, Raisina Road, New Delhi-110001. Time for submission of tenders would be upto 14:30 hrs on 14.09.2010 and the same will be opened on the same day at 15:00 hrs. i.e. 14.09.2010. Tender form is non-transferable. Tenders submitted on other than prescribed offer form will not be considered. Tender document can, however, be downloaded from the website : www.indianrailways.gov.in. Tenderers, however, submitting their offers on the tender document downloaded from Internet should enclose original cash receipt of requisite cost of Tender Documents deposited with the FA&CAOs/Divisional Cashier of any of the Zonal Railways along with their tender document failing which such tenders shall be summarily rejected.

(Alok Misra) Director, Track (M)

Railway Board.

GOVERNMENT OF INDIA/BHARAT SARKAR MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

INDIAN RAILWAYS

TENDER NO. CS-164 OF 2010

FOR

MANUFACTURE AND SUPPLY OF 53-S GRADE ORDINARY PORTLAND CEMENT TO

SPECIFICATIONS AS PER IS: 12269-1987

WITH AMENDMENT NO. 6 OF JUNE, 2000.

PRICE RS.2000/- (RUPEES TWO THOUSAND ONLY)

LIST OF CONTENTS

1. Instructions to Tenderers Page 1-6

2. Offer Form Annexure-I (Page 7)

3. Tender Schedule Annexure-II (Page 8)

4. Special Conditions of Contract Annexure-III (Page 9-14)

5. Indian Railways Standard Conditions of the Contract Annexure-IV (Page 15-34)

6. P-Form Annexure- V (Page 35)

7. List of Concrete Sleeper Plants and approximate quantities

Annexure-VI (Page 36-38)

8. Proforma for new tenderers Annexure-VII (Page 39)

9. Statement of Deviation Annexure-VIII (Page 40)

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INVITATION AND INSTRUCTIONS TO TENDERERS

ON BEHALF OF THE PRESIDENT OF INDIA, THE EXECUTIVE DIRECTOR TRACK (M), MINISTRY OF RAILWAYS (RAILWAY BOARD), RAIL BHAWAN, NEW DELHI (HEREINAFTER REFERRED TO AS PURCHASER WHICH INCLUDES HIS SUCCESSOR AND ASSIGNEES) INVITES OPEN TENDERS FOR MANUFACTURE AND SUPPLY OF 53-S GRADE ORDINARY PORTLAND CEMENT (FOR at Work or at Rail loading point) FROM CEMENT MANUFACTURERS HAVING BIS LICENCE FOR MANUFACTURING 53-S GRADE ORDINARY PORTLAND CEMENT AS PER BIS SPECIFICATIONS IS:12269-1987 WITH AMENDMENT NO. 6 OF JUNE, 2000. 1. General Instructions:

1.1. Time and Venue for Submission of Offers:

i) Time for submission of offers : Upto 14.30 hrs on 14.09.2010 ii) Venue for submission of offers : Ministry of Railways, (Railway

Board), Room No.146, Rail Bhawan, Raisina Road, New Delhi-110001.

iii) Time for opening of offers : At 15.00 hrs on 14.09.2010 1.2. All Offers in the prescribed form should be submitted before the time fixed for the receipt of offers on the due date. Offers received after the stipulated time and date are liable to be rejected. 1.3. Tender form is non-transferable. Tenders submitted on other than prescribed offer form or on photocopy of this form will not be considered. Tender document can, however, be downloaded from the website : www.indianrailways.gov.in. Tenderers, however, submitting their offers on the tender document downloaded from Internet should enclose a cash receipt of requisite cost of Tender Documents deposited with the FA&CAO of any of the Zonal Railways along with their tender document failing which such tenders shall be summarily rejected. 1.3 (a) The offers submitted by FAX will also be considered but it shall be the sole responsibility of tenderers to ensure that the offers submitted by FAX are dropped in appropriate Tender Box in sealed cover/covers and within the prescribed time and date. The Railway shall not be responsible in any way for any delay in dropping the FAX offers in the appropriate Tender Box. 1.3 (b) Offers received through FAX and found in the tender box at the time of opening of tenders and complete in all respects and duly signed by the authorized signatory should be treated as in time offer subject to the firm/firms submitting post confirmation copy duly signed by the authorized person as per the tender conditions within ten working days from the date of opening.

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1.3 (c) All other offers received by FAX not covered in para 1.3 (b) above shall be treated as invalid. The offers received by FAX as covered in para 1.3 (b) above shall be deemed as unresponsive in case the confirmation copy is not received within the time stipulated in para 1.3 (b) above. 2. Earnest Money: 2.1. Tenderers intending to supply 53-S Grade Cement are required to furnish a demand draft or pay order from State Bank of India or any nationalized bank of India or any scheduled commercial bank of India of Rs.10,00,000/- (Rupees ten lakhs only) in favour of FA&CAO/Northern Railway payable at New Delhi towards Earnest Money to be eligible for participation in this tender. In case, such offer is not accompanied by the requisite earnest money, the same will be summarily rejected. 2.2. The Earnest Money deposited is liable to be forfeited if the tenderer unilaterally withdraws, amends, impairs or derogates from the tender in any respect during its currency. 2.3. The Earnest money of unsuccessful tenderers will be returned without interest after finalization of tender. 2.4. In cases of successful tenderers also, the earnest money would be returned without interest on written request to that effect and on proof of furnishing the requisite Security Deposit as stipulated in the Special Conditions of Contract (Annexure-III ). 2.5. Any tender not accompanied with requisite earnest money in the approved form given above, shall be summarily rejected. 3. All offers shall be either typed or written neatly in indelible ink. 3.1. The individual(s) signing the tender or other documents connected therewith should satisfy that the following documents are submitted with regard to tendering firm/company :

(A) Proprietorship Firms:

i) Name of the proprietor; ii) Complete Address of the proprietor; iii) Power of Attorney duly attested by the public notary with notarial

stamps affixed thereon, if any executed in favour of any persons by the proprietor to act on his behalf or on behalf of the firm; and

iv) Address of the person in whose favour the power of attorney has been executed by the proprietor.

(B) Partnership Firm:

i) Name of the partners; ii) Complete Address of the partners; iii) Partnership Deed (Photocopy duly attested by public notary with

notarial stamp); and

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iv) Power of attorney if any executed by any partner/partners duly attested by public Notary with notarial stamp affixed thereon.

(C) Company: i) An attested copy of the certificate of incorporation issued by the

Registrar of Companies, attestation should be done by Notary Public with Notarial Stamp;

ii) A certified copy of Memorandum and Articles of Association of the Company;

iii) Copy of Resolution duly attested by Notary Public with Notarial Stamp affixed thereon;

iv) Names and addresses of the present Directors if not mentioned in the Memorandum and Articles of Association.

(D) In the case of a firm not registered under the Indian Partnership Act, all the partners or attorney duly authorized by all of them should sign the tender and all other connected documents. The original power of attorney or other documents empowering the individual or individuals to sign should be furnished to the purchaser for verification, if required. 3.2. All prices and other information like discounts etc. having a bearing on the price shall be written both in figures and words in the prescribed tender schedule. In case of difference between the value quoted in words and figures, the value quoted in words shall be taken for evaluation of offer. 3.3. Offers in the prescribed form, addressed to the President of India through Executive Director Track (M), Ministry of Railways, Railway Board, New Delhi, should be dropped in the tender box earmarked for the tender in Room No. 146, Rail Bhawan, Raisina Road, New Delhi. in sealed envelop super scribed as: “Offer for Tender No. CS-164 of 2010; opening on 14.09.2010; Time 15.00 hours”. As a measure of caution, offer should be in a double envelope and should also be sealed. 3.4. Offers sent by post should be by ‘Registered Post’ with acknowledgement due duly addressed to the President of India through Executive Director, Track (M), Ministry of Railways (Railway Board), Room No.146, Rail Bhawan, Raisina Road, New Delhi-110001 so as to reach before 14.30 Hrs. on 14.09.2010. Railway will not be responsible for any postal delay. Apart from the nominated officer i.e. Executive Director Track (M), copies of original quotation should not be sent to any other officer of the Ministry of Railways (Railway Board). This is in order to ensure that rates quoted by the Tenderers do not leak out before the nominated date and time. For similar reasons tenderers should, in their own interest, avoid sending price quotations by telegram/telex. 3.5. Offers shall be as per terms and conditions and specifications given in the tender documents. However, deviations, if any, may be brought out in a separate “deviation sheet” detailing clause number of the tender document, stipulation as per the clause and deviation asked for (as per Annexure-VIII), otherwise the tenderer shall be deemed to have accepted all provisions of the tender documents. The purchaser, however reserves the right to accept or reject these deviations and his decision thereon shall be final.

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3.6. Each page of the offer should be numbered and signed by the tenderer at the bottom. A reference to the total number of pages comprising the offer must be made at the top right hand corner of the first page of the offer. 4. Effect and Validity of Offer: 4.1. The submission of any offer connected with this tender document shall constitute an agreement that the tenderer shall have no cause of action or claim against the purchaser for rejection of his offer. The purchaser shall always be at liberty to reject or accept any offer or offers for part or whole of the quantity offered at its sole discretion and any such action shall not be called into question and the tenderer shall have no claim in that regard against the purchaser. 4.2. The offer shall be deemed to be under consideration immediately after they are opened and until such time the official intimation of award is made by the Railway to the tenderer. While the offers are under consideration, tenderers and or their representatives or other interested parties are advised to refrain from contacting the purchaser by any means. If necessary, the purchaser may obtain clarifications on the offers by requesting for such information from any or all the tenderers, either in writing or through personal contact, as may be considered necessary. Tenderers will not be permitted to change the substance of their offers after the offers have been opened. 4.3. The validity of offer should be for a minimum of 180 days effective from the date of opening of tender. Offers with validity less than 180 days shall be summarily rejected. 4.4. In exceptional circumstances, the purchaser may solicit the Bidders consent for extension of the period of validity. The request and the responses thereto shall be made in writings (or by cable or telex or FAX). A Bidder may refuse the request without forfeiting Bid security. A Bidder granting the request, will not be required nor permitted to modify his bid. 5. Qualifying Requirements:

5.1. (a) As on date of opening, the tendering firm must be an approved supplier from the Bureau of Indian Standards for manufacture and supply 53-S grade Ordinary Portland Cement as per BIS specification IS:12269-1987 with amendment No. 6 of June, 2000. (b) The tenderers are required to attach the certified copy of their BIS license for manufacturing 53-S grade Portland ordinary cement as per BIS specifications IS:12269-1987 with amendment No. 6 of June, 2000. The status of the tenderer shall be reckoned as on the date of the tender opening and not thereafter unless there is case of downgrading, delisting, suspension and banning. 5.2. Tenderers are required to submit a list of orders executed by him/them during the last three years reckoned from 1st April, 2007 ( 2007-08, 2008-09 & 2009-10) for manufacture and supply of Special Grade Cement as per 53-S to Indian Railways along with documentary evidence in support. Purchaser reserves the right to keep in view the past performance of firm while making allotment of quantities against current tender.

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5.3. The new firms tendering against this tender must furnish the detailed information duly supported by the necessary documents as per the proforma at Annexure-VII. 5.4. Tenderers must submit documents in support of information submitted against para 5 above along with the tender failing which his/their offer may be rejected without any correspondence with the tenderers at the sole discretion of the purchaser. 6. Rates 6.1. The tenderers are required to quote basic ex-works rate (net of MODVAT and VAT credit on the date of opening of tender, which are to be retained by the supplier), which includes cost of packing, cost of loading into road vehicles at the work station including transportation upto road loading point / loading into rail wagons at the railway loading station. The rate shall also be inclusive of the cost of transportation of cement from the works of the supplier(s) to the rail loading point. 6.2. When transported by rail, the cost of transportation of special cement from works station to consignee station shall be payable extra by consignee as per actual rail freight through shortest possible rail route. In case of transportation by road, consignee will make its own arrangement towards it and cement supplier shall be responsible upto loading the cement into road vehicle only.

6.3. Extra excise duty and sales tax/VAT and Entry Tax if legally leviable at works on date of dispatch shall be quoted separately. These taxes will be charged to consignee in terms of clause 4 of SPECIAL CONDITIONS OF CONTRACT (ANNEXURE-III), Any other tax, in force on date of opening of tender will be borne by cement supplier. Any new tax, enforced after date of opening of tender, but legally leviable on tenderer will also be initially paid to the tenderer by consignee concrete sleeper plants and ultimately this new tax will be passed on to Railways from the consignee concrete sleeper plants. 6.4. The list of sleepers plants is enclosed as Annexure-VI. Necessary certificates / forms for entry/movement of goods in various States shall be made available by the consignees, i.e., concrete sleeper plants. 6.5. Ex-works unit rate (which includes packing and cost of transportation as indicated in para 6.1) and other terms and conditions as accepted shall be relevant to all consignees and shall be applied uniformly. Deviations quoted by tenderer will be considered by purchaser and acceptance or rejection of these deviation(s) will be communicated to tenderer through letter of acceptance or counter offer, as the case may be. 6.6. After acceptance of the tender, orders for supply of cement shall be placed and primary / secondary consignees will be attached to each successful tenderer. Simultaneously, the concrete sleeper plants will be informed about their primary /secondary sources for supply of cement and they will be authorized to issue supply instructions directly to their primary sources as per their requirement during the currency of contract. Due payments against the supplies will also be arranged

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directly by the consignees. Supplies for the ordered quantity will be arranged at the accepted rates, terms and conditions directly to the nominated primary consignees during the currency of the contract on receipt of supply instructions from the consignee. 6.7. The orders will be placed by the Ministry of Railways (Railway Board) against the tender, but the formal contract agreements will be executed by the respective Zonal Railways under whose jurisdiction/zone the cement factory is situated. 7. Purchase preference: 7.1. Purchase Preference Policy for products of Central Public Sector Enterprises (CPSE) shall be applicable as per extant rules. 8. Acceptance of Tender: 8.1. The purchaser reserves the right to reject any or all of the tenders in part or full at his sole discretion without assigning any reasons. 8.2. Ministry of Railways (Railway Board) does not pledge itself to accept the lowest or any tender and reserves to itself the right of acceptance of the whole or any part of the quantity offered. The decision of Railways with regard to allotment of quantity so as to ensure uninterrupted supply of 53-S grade Ordinary Portland Cement will be final. The tenderer shall supply the whole quantity at the quoted rate. 8.3. The acceptance of the tender will be communicated by letter of acceptance direct to the tenderer or through his authorized agents. In case where a counter offer is issued, the unconditional acceptance of counter offer will result in a validly concluded contract, though formal letter of acceptance may be forwarded to the contractor at a later date. 9. The Special Conditions of Contract are enclosed (Annexure-III). In case of any contradiction in these instructions vis-à-vis the Special Conditions of the Contract, the provisions of the later will prevail. 10. All the annexures and documents are to be properly flagged.

For Executive Director Track (M), Railway Board.

For and on behalf of the President of India.

Enclosures:- 1. Offer Form Annexure-I 2. Tender Schedule Annexure-II 3. Special Conditions of Contract Annexure-III 4. Indian Railway Standard Conditions of Contract Annexure-IV 5. P-Form Annexure-V 6. List of concrete sleeper plants Annexure-VI 7. Proforma for New Tenderer Annexure-VII 8. Statement of Deviation Annexure-VIII

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Annexure-IOFFER FORM

In figures In words Total number

of pages in offer

To, The President of India,

Through Executive Director Track (M), Ministry of Railways (Railway Board), Room No. 146, Rail Bhawan, Raisina Road, New Delhi-110001.

Ref: Ministry of Railways (Railway Board) Open Tender No. CS-164/2010 for manufacture and supply of 53-S Grade Ordinary Portland Cement to specifications as detailed below.

Sir, 1. We hereby offer our rates for manufacture and supply of 53-S Grade OPC Cement as per BIS specifications IS:12269-1987 with amendment No. 6 of June, 2000 as mentioned in the tender document at the rates as indicated in the Tender Schedule enclosed.

2. We herewith enclose Demand Draft/Pay Order bearing No._________ dated _______for ___________ [@ Rupees Ten lakhs] issued by ________________(name of the Bank) in favour of FA&CAO/Northern Railway as Earnest Money for offer to supply 53-S Grade Cement to the concrete sleeper plants of Indian Railways.

3. We agree to keep our offer valid for 180 days from the date of opening; and shall be bound by a communication of acceptance within that time to supply the store in accordance with the Special Conditions of Contract as specified in the tender, not withstanding that a formal contract may be signed at a later date. We also agree to the fact that in case where a counter offer is issued, the unconditional acceptance of counter offer by us or our authorized representative will result in a validly concluded contract, though formal letter of acceptance may be forwarded to the contractor at a later date.

Yours faithfully,

(Signature of Tenderer or Authorized Representative).

For and on behalf of M/s. ___________________ ___________________

S E A L Enclosures (Tenderer to specify):

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Annexure-II TENDER SCHEDULE

TENDER No. CS-164/2010 Tendered Quantity: 8,00,000 (8 Lakhs) Metric Tonnes

Description of Item: Manufacture and supply of 53-S grade Ordinary Portland Cement to BIS specifications as per IS:12269-1987 with amendment no.6 of June 2000.

Location of cement plant/ stockyard from which supply is intended to be made

Qty. Offered (in MT)

Basic ex-works/stockyard rate per MT Net of

MODVAT/VAT Credit (in Rs. )

Excise Duty+ Educational Cess per MT (Rs.)

Percentage Rate of ST/CST/VAT demanded extra.

In figures (Rs. )

In words (Rs. )

Note : Tenderers must fill up the above table properly to enable Railway to evaluate

their offer properly. In absence of required details evaluation of offer will be made at sole discretion of the purchaser.

For approximate quantity required Railway-wise, kindly refer to Annexure-VI.

This offer is made after taking into consideration the instructions to tenderers, special conditions of contract, locations of sleeper plants and all other relevant factors.

(Signature of Tenderer or authorized representative)

for and on behalf of M/s __________________________

____________________________

(S E A L) Date________

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Annexure-III

SPECIAL CONDITIONS OF CONTRACT 1. General This contract will be governed by IRS Conditions of Contract as incorporated in Annexure-IV of the Tender Document as well as the Special Conditions of Contract mentioned herein. In case of conflict between the two, i.e., IRS Conditions of Contract and Special Conditions of Contract, the provisions of Special Conditions of Contract shall prevail. 2. Rates:

2.1.The supply of 53-S Grade Cement to Specifications as per IS:12269-1987 with amendment No.6 of June 2000 read with these special conditions shall be made at the accepted unit rate for the entire contract period. The accepted ex-works rate shall be inclusive of all labour, material, taxes and duties on inputs; cost of production and cost of packing, cost of leading to loading point, cost of loading into Railway wagons at works/station, cost of loading into road vehicles at works. When transported by rail, Cost of transportation from rail loading station to consignee station shall be payable extra by consignee as per actual rail freight through shortest rail route. When transported by road, consignee will make its own arrangement towards it and cement supplier shall be responsible only upto loading the cement into road vehicle.

2.2. The rates will be firm for the contract period, and no escalation shall be payable.

3. Various sleeper manufacturing units will be attached to the eligible cement plant as primary and secondary sources for drawing cement. Nomination of primary and secondary sources is done on basis of minimum and second lowest rail freight subject to production capacity of cement plant. Simultaneously, the concrete sleeper plants will be informed about their sources for supply of cement and they will be authorized to issue supply instructions directly to their primary sources as per their requirement during the currency of contract. Supplies for the ordered quantity will be arranged at the accepted rates, terms and conditions directly to the nominated primary consignees during the currency of the contract on receipt of supply instructions from the consignees. 4. Taxes and Duties

4.1. In addition to the accepted ex-works basic rate (net of MODVAT and VAT credit on the date of opening of tender, which are to be retained by the supplier), Excise Duty, Sales Tax/VAT, entry tax and freight as accepted by Railway shall be payable to the firm by the consignee for the cement to be delivered at destination given by the consignee through the shortest rail route. Consignee shall, however, be at liberty to lift cement from cement plant by his own transport after making required payment of price payable at works/stockyard. For departmental plant of Railway, payment shall be made after submission of bill alongwith clear RR or witness certificate of loading by the consignee’s representative and firm’s own test certificate.

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The purchaser will, however, not be responsible for the reimbursement of duty paid by the supplier under misapprehension of law. 4.2. Any other Tax, in force on date of opening of tender will be borne by cement supplier. Any new tax, enforced after date of opening of tender, but legally leviable on tenderer will also be initially paid to the tenderer by consignee and ultimately this new tax will be passed on to Railways by the consignee.

5. Security Deposit:

5.1. The Supplier shall make a security deposit with the FA&CAO of Paying Railway, within fourteen days of communication of acceptance of offer by the Ministry of Railways (Railway Board), for an amount equal to 5% of the contract value subject to a maximum of Rs. 30 Lacs (Rupees Thirty Lacs only) in the form of followings:

(i) A deposit in cash (ii) Government securities at 5% below the market value (iii) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds of the

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

(iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds issued by all Scheduled Commercial Banks.

(v) A Deposit in the Post Office Savings Bank.

Security deposit will be valid for a minimum period of 18 months from the date of acceptance of offer/counter-offer. The proforma for Bank Guarantee will be supplied by the FA&CAO of Paying Railway. In case the supplier fails to make the security deposit by submitting the requisite bank guarantee within stipulated period, it will be lawful on the part of the purchaser to take action in terms of clause 0502 of IRS conditions of contract. Besides, consignee instructions will be issued only after the deposit of Security Deposit.

Fresh Security Deposit is to be furnished against this contract and any request for considering any amount deposited previously with any other contract or any other amount available with Railway with any other case shall not be accepted.

5.2. If supplies from a particular cement factory cover more than one zonal railway, the Security deposit is required to be deposited only with the railway on which cement factory is located. The supplier shall however, accept and execute the consignee instructions issued by the other consignee railways also.

5.3. The security deposit, if not adjusted fully or partly towards any breach of contract or default on the part of supplier, may be released after two months of the date of expiry of the delivery period. Concerned Zonal Railway on written request by the Supplier and after verification for due fulfillment of the supplies ordered within the currency of the delivery period of the contract and receipt of store in good condition, shall release the Security Deposit. The Bank Guarantee or security recovered in cash shall be held as security exclusively against this contract and shall not be attached against any other contract with the President of India.

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6. Delivery:

6.1. Supplies will be arranged at the accepted rates, terms and conditions directly to the nominated primary consignees during the currency of the contract on receipt of supply instructions from the consignees attached to the supplier. Railway Board’s prior permission would be necessary for making supplies to other than primary consignees. During the currency of contract, Railway Board may change primary/secondary consignees attached to a supplier.

6.2. The supplier shall deliver the consignment ordered by the primary consignee attached to him by rail/road and obtain a clear certificate from the consignee for receipt of consignment in good condition. The dispatch of cement is to be ensured by the supplier within 15 days of issue of supply instructions by consignees provided quantity ordered is not less than 100 MT.

6.3. In case of failure on the part of the supplier to arrange supplies as per instructions of consignee, save force majeure conditions, the General Manager of the concerned Zonal Railway(s), after giving reasonable notice to Supplier, reserves the right to authorize purchase of equivalent quantity from any alternative/approved source so as to maintain schedule of production of PSC Sleepers. The extra expenditure over and above the accepted rate, if any, as may be incurred in such purchases from alternative sources shall be to the defaulting supplier’s account. In addition, a penalty of 5% of the cost of such supplies at accepted rate would be levied on the defaulting firm. In addition to it, penalty detailed in terms of clause 7 will also be applicable. However, the total penalty imposed under clause 6.3 and 7 would not exceed 10% of the cost of unsupplied quantities at accepted rates, excluding extra expenditure incurred in procurement of cement from alternate source/s, which would be charged additionally.

Firm should give advance notice to all sleeper manufacturers as well as to zonal railways regarding their planned schedule of maintenance, so that the sleeper manufacturers can make a buffer stock of cement to take care of non-supply of cement during the maintenance period. However, in case of emergency break down, as certified by the Zonal Railway, no penalty shall be levied.

6.4. The supplier will pass on to the consignee the valid documents for availing MODVAT credit. If supplier fails to pass on the necessary documents for availing MODVAT credit, the equivalent amount shall be recovered from the supplier.

6.5. The Transit risk will be on supplier’s account upto Road/Rail loading point only.

6.6. The purchaser, at its sole discretion, reserves the right to enhance delivery period upto six (6) months beyond the original delivery period on the same rates, terms and conditions.

7. Penalty for delays

In case of failure on the part of the supplier to make supplies within time stipulated under clause 6.2 above, save force majeure conditions, penalty shall be imposed at the rate of ½ % per week or part of week of delay towards the unsupplied/delayed quantity subject to a maximum limit of 10% of the cost of undelivered/delayed quantity of goods. In addition to it, penalty detailed in terms of clause 6.3 would also be levied, in case, cement is to be procured from any

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alternative/approved sources. However, the total penalty imposed under clause 6.3 and 7 would not exceed 10% of the cost of unsupplied quantities at accepted rates, excluding extra expenditure incurred in procurement of cement from alternate source/s, which would be charged additionally.

8. Payments:

8.1. While the formal contract in terms of Acceptance of Tender by the Railway Board will be entered into with the successful tenderers by the Zonal Railways where the cement plant is located, time to time payment for the cement will be made by the consignees attached to the supplier through demand draft or through other mode of advance payment mutually agreed by cement supplier and consignee. The consignee will be required to make payment of quantity of not less than 100 MT at a time.

8.2. 100% advance payment through demand draft or other mode of payment mutually agreed by cement supplier and consignee, matching cost of consignment including freight element, will be made by the consignees except for orders placed by the railway for departmental units. In case orders are placed by the railway for departmental concrete sleeper plants, 100% payment will be made within reasonable period after submission of bills along with clear RR or witness certificate of loading by the consignees’ representative and firm’s own test certificates. In case of supply of cement by road against instructions issued by railway, Departmental Sleeper Plants will make their own arrangement for road transport and in such cases, 100% payment will be released within reasonable period after submission of bills with witness certificate of loading by the Consignee’s representative.

8.3. The supplier will submit his bill to the consignee separately for the cost of store and transportation. The freight paid shall not form part of the price of store and the bill for the freight charges shall be submitted separately.

8.4. The concrete sleeper manufacturers will receive reimbursement of payment through payment for sleepers supplied against the sleeper contracts. Before releasing the payment, it will be ensured that the cement has been procured only from the nominated primary source and in case of any deviations, orders of the Railway Board have been obtained.

8.5. The time-to-time payment at the accepted rate towards supply of cement to Departmental Sleeper Plants against instructions issued by the railway shall be made by the FA& CAO of paying Railway.

9. Quantity of Cement to be supplied : 9.1 During the currency of the contract, Purchaser at its sole discretion, reserves the right to vary the contract quantity by +/-30% at Rate, Terms and Conditions of the initial orders without assigning any reason. In case of increase in ordered quantity, supplier’s request for extension of Delivery Period, if any, will be suitably considered. Upto +/- 30% variation will be operated by the concerned Zonal Railway who has signed the contract agreement, provided the required variation remain in the power delegated to General Manager of the Zonal Railway. For variation exceeding these limits, approval of Railway Board will be obtained.

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9.2 Notwithstanding the variation in quantity as detailed in para 9.1 above, actual requirement of cement may, however, vary depending upon order/s for supply of concrete sleepers placed on CSPs from time to time. Cement supplier shall be bound to supply cement as per actual requirement of individual sleeper plant at the contracted price and terms during entire period of contract. For variation in quantity no compensation will be admissible to supplier.

10. Inspection and packing

The supplies shall conform to specifications as per IS 12269: 1987 with

amendment No.6 of June 2000 for 53-S Grade Ordinary Portland Cement. The supplier shall ensure that a Test Certificate of their own is issued against each consignment in favour of each individual consignee. In case of 2/3 point rake, separate inspection/Test certificate shall be sent. In the matter of sampling, the provisions of relevant IS Code will apply. The contractor will ensure consistency and uniformity in quality of cement and each bag of cement supplied shall comply with the specifications. The supply has to be affected in bags packed as per specifications. For supply of 53-S cement, preferably bag of different color / distinct marking may be used to avoid any mixing with other commercial grade cement. 11. Rejection at Destination: The consignment or part of the consignment, though formally inspected and passed, but found substandard, defective or unsuitable for use in the manufacture of concrete sleepers subsequently at the destination(s), shall be lifted by the supplier and matching replacement arranged at his cost within a period of four weeks from the date of such notice sent by the consignee to the supplier. The consignee will give such notice for the replacement of cement by cement manufacturer within 7 days of the receipt of cement at their plant. In case of non-replacement within stipulated period, recovery of the landed cost of such quantity of store received shall be affected by the paying authority. In case of dispute, the decision of the Inspecting Engineer nominated at the consignee concrete sleeper works about the quality of store will be final and binding on the supplier. Penalty at the rate of Rs.1000 per day irrespective of quantity will be charged for non-lifting of the rejected store after 4 weeks of notice. 12. Force Majeure Condition:

12.1. In the event of any unforeseen event directly interfering with the supply of stores arising during the currency of the contract; such as war, insurrection, restraint imposed by the Government, act of legislature or other authority, explosion, accident, acts of God; the supplier shall, within a week from the commencement thereof, notify the same in writing to the Purchaser with reasonable evidence thereof. If the force majeure conditions mentioned above be in force for a period of 90 days or more at any time, the Purchaser shall have the option to terminate the contract on expiry of 90 days or more at any time of commencement of such force majeure by giving 14 days notice to the Supplier in writing. In case of such termination, no damage shall be claimed by either party against the other save and except those which had accrued under any other clause of the agreement prior to such termination.

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12.2. Non-performance of the supplier as per the delivery schedule even due to the force majeure conditions shall be considered valid reason for debarring him from orders against future tenders.

13. Law Governing the Contract:

i) This contract shall be governed by the Laws of India for the time being in force.

ii) Irrespective of the place of delivery, the place of performance or place of payment under the Contract; the contract shall be deemed to have been made at the place from which the acceptance of tender has been issued.

14. Jurisdiction of Court: The Courts of the place from where the acceptance of tender has been issued / supply made to the sleeper plants of the Zonal Railway as well as payment received from the paying authority, shall alone have jurisdiction to decide any dispute arising out of or in respect of the Contract.

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ANNEXURE-IV

GOVERNMENT OF INDIA/BHARAT SARKAR

MINISTRY OF RAILWAYS/RAIL MANTRALAYA (RAILWAY BOARD)

INDIAN RAILWAY STANDARD CONDITIONS OF CONTRACT

(Vide Para 417 of the Indian Railway Code for the Stores Department)

0100 Definition and Interpretation 0101 In the Contract, unless the context otherwise requires:

0102 “Acceptance of Tender” means the letter of memorandum communicating to the Contractor the acceptance of his tender and includes an advance acceptance of his tender.

0103 “Consignee” means where the stores are required by the acceptance of tender to be

dispatched by rail, road, air or steamer, the person specified in the Acceptance of Tender to whom they are to be delivered at the destination where the stores are required by the acceptance of tender to be delivered to a person as an interim consignee for the purpose of dispatch to another person, such other persons; and in any other case the person to whom the stores are required by the acceptance of tender to be delivered in the manner therein specified;

0104. “Contract” means and includes the invitation to tender, instructions to tenderers, tender,

acceptance of tender, Standard Conditions to Contract, Special Conditions of Contract, particulars and the other conditions specified in the acceptance of tender and includes a repeat order which has been accepted or acted upon by the for the contractor and a format agreement, if executed;

0105. The “Contractor” means the person, firm or company with whom the order for the supply is

placed and shall be deemed to include the contractors’ successors (approved by the Purchaser), representatives, heirs, executors and administrators, as the case may be, unless excluded by the terms of the contract;

0106. “The Sub-contractor” means any person, firm or company from whom the Contractor may

obtain any material or fittings to be used in the supply or manufacture of the stores; 0107. “Drawing” means the drawing or drawings specified in or annexed to the Schedule or

Specifications; 0108. “Government” means the Central Government or a State Government, as the case may be; 0109. “The Inspecting Officer” means the person specified in the contract for the purpose of

Inspection of stores or work under the contract and includes his authorized representative; 0110. “Material” means anything used in the manufacture or fabrication of the stores; 0111. “Particulars” include-

(a) specification;

(b) drawing;

(c) pattern bearing the seal and signature of the Inspecting Officer (hereinafter called the sealed pattern) which shall include also a certified copy thereof sealed by the Purchaser for the guidance of the Inspecting Officer;

(d) sample sealed by the Purchaser for guidance of the Inspecting Officer

(hereinafter called the certified sample) which shall include a certified

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copy thereof sealed by the Purchaser for the guidance of the Inspecting Officer;

(e) trade pattern, that is to say, a pattern, stores conforming to which are

obtainable in the open market and which denotes a standard of the Indian Standard Institute or other standardizing authority or a general standard of the industry;

(f) ‘Proprietary mark’ or ‘brand’ means the mark or brand of a product which

is owned by an industrial firm;

(g) any other details governing the construction, manufacture or supply of stores as may be prescribed by the contract;

0112. “Purchase Officer” means the officer signing the acceptance of tender and includes any officer who

has authority to execute the relevant contract on behalf of the Purchaser; 0113. “The Purchaser” means the President of India in the case of stores ordered for the Indian Government

Railways and includes his successors and assignees; 0114. “Signed” includes stamped, except in the case of an acceptance of tender or any amendment thereof; 0115. “Site” means the place specified in the contract at which any work is required to be executed by the

contractor under the contract or any other place approved by the Purchaser for the purpose; 0116. “Stores” means the goods specified in the contract which the contractor has agreed to supply under

the contract; 0117. “Supply Order” means an order for supply of stores and includes an order for performance of service; 0118. “Test” means such test as is prescribed by the particulars or considered necessary by the Inspecting

Officer whether performed or made by the Inspecting Officer or any agency acting under the direction of the Inspecting Officer;

0119. “Unit” and “Quantity” means the unit and quantity specified in the contract; 0120. “Writing” or “Written” includes matter either in hole or in part, in manuscript, type written,

lithographed, cyclostyled, photographed or printed under or over signature or seal, as the case may be;

0121. The delivery of the stores shall be deemed to take place on delivery of the stores in accordance with

the terms of the contract, after approval by the Inspecting Officer if so provided in the contract, to:-

(a) the consignee at his premises; or (b) where so provided the interim consignee at his premises ; or (c) a carrier or other person named in the contract for the purpose of transmission to

the consignee, or (d) The consignee at the destination station in case of contract stipulating for delivery

of stores at destination station.

0122. Words in the singular include the plural and vice versa; 0123. Words importing the masculine gender shall be taken to includes the feminine gender and words

importing persons shall include any company or association or body of individuals, whether incorporated or not;

0124. The heading of these conditions shall not affect the interpretation or construction thereof; 0125. Terms and expression not herein defined shall have the meanings assigned to them in the Indian Sale

of Goods Act, 1930 (as amended), or the Indian Contract Act, 1872 (as amended) or the General Clauses Act, 1897 (as amended), as the case may be.

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0200. Parties The parties to the contract are the Contractor and the Purchaser, as defined in Clauses 0105 and 0113. 0201. Authority of person signing the Contract on behalf of the Contractor:- A person signing the tender or any other document in respect of the Contract on behalf of the

Contractor without disclosing his authority to do so shall be deemed to warrant that he has authority to bind the Contractor. If it is discovered at any time that the person so signing has no authority to do so, the Purchaser may, without prejudice to any other right or remedy of the Purchaser, cancel the contract and make or authorize the making of a purchase of the stores at the risk and cost of such person and hold such person liable to the Purchaser for all costs and damages arising from the cancellation of the contract including any loss which the Purchaser may sustain on account of such purchase. The provisions of Clause 0700 shall apply to every such purchase as far as applicable.

0202. Address of the Contractor and notices and communications on behalf of the Purchaser:-

(a) For all purposes of the contract, including arbitration thereunder, the address of the Contractor mentioned in the tender shall be the address to which all communications addressed to the Contractor shall be sent, unless the Contractor has notified change by a separate letter containing no other communication and sent by registered post acknowledgement due to the Purchaser. The Contractor shall be solely responsible for the consequence of an omission to notify a change of address in the manner aforesaid.

(b) Any communication or notice on behalf of the Purchaser in relation to the contract may be issued to the Contractor by the Purchase Officer and all such communications and notices may be served on the Contractor either by registered posts or under certificate of posting or by ordinary post or by hand delivery at the option of such officer.

0300. Quotations of rates by Contractors:-

(a) The price quoted by the Contractor shall not be higher than the controlled price fixed by law for the stores or where there is no controlled price, it shall not exceed the prices or contravene the norms for fixation of prices laid down by Government or where no such prices or norms have been fixed by the Government, it shall not exceed the price appearing in any agreement relating to price regulation by any industry in consultation with the Government. In any case, save for special reasons stated in the tender, the price quoted shall not be higher than the lowest price charged by the Contractor for stores of the same nature, class or description to a private purchaser, domestic or foreign as well as Purchaser Governments.

(b) If the price quoted is higher than the controlled price or where there is no controlled price, the price usually charged by the Contractor from a private Purchaser, domestic or foreign, as well as Purchaser Government for the stores of the same nature, class or description the Contractor will specifically mention this fact in his tender giving reasons for quoting higher price(s). If he fails to do so or makes any mis-statement, it shall be lawful for the Purchaser, (i) to revise the price at any stage so as to bring it in conformity with the Sub-clause (a) above or (ii) to terminate the contract and forfeit the Security Deposit.

0400. Contract. 0401. This contract is for the supply of the stores of the description, specifications and drawings, and in the

quantities setforth in the contract on the date or dates specified therein. Unless otherwise specified, the stores shall be entirely brand new and of the best quality and workmanship to the satisfaction of the Inspecting Officer. The stores shall further be in all respect acceptable to the Inspecting Officer.

0402. Any variation or amendment of the contract shall not be binding on the Purchaser unless and until the

same is duly endorsed on the contract incorporated in a formal instrument or in exchange of letters and signed by the parties.

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0500. Security Deposit 0501. Unless otherwise agreed between the Purchaser and the Contractor, the Contractor shall, within 14

days after written notices of acceptance of the tender has been posted to the Contractor, deposit with the railway concerned (in cash or the equivalent in Government Securities or approved Banker’s Guarantee Bond) a sum equal to 5 per cent of the total value of the stores detailed in the contract for which the tender has been accepted, subject to a maximum of Rs.1,00,000 as a security for the due fulfillment of the contract.

0502. If the Contractor, having been called upon by the Purchaser to furnish security, fails to make and to

maintain a security deposit within the specified period, it shall be lawful for the Purchaser:-

(a) to recover from the Contractor the amount of such security deposit by deducting the amount from the pending bills of the Contractor under the contract or any other contract with the Purchaser or the Government or any person contracting through the Purchaser or otherwise howsoever, or

(b) to cancel the contract or any part thereof and to purchase or authorize the purchase of the stores at the risk and cost of the Contractor and in that event the provisions of Clause 0702 shall apply as far as applicable.

0503. No claim shall lie against the Purchaser in respect of interest on cash deposits or Government

Securities or depreciation thereof. 0504. The Purchaser shall be entitled and it shall be lawful on his part to forfeit the said security deposit in

whole or in part in the event of any default, failure or neglect on the part of the Contractor in the fulfillment or performance in all respect of the contract under reference or any other contract with the Purchaser or any part thereafter the satisfaction of the Purchaser and the Purchaser shall also be entitled to deduct from the said deposits any loss or damage which the Purchaser may suffer or be put by reason of or due to any act or other default, recoverable by the Purchaser from the Contractor in respect of the contract under reference or any other contract and in either of the events aforesaid to call upon the Contractor to maintain the said security deposit at its original limit by making further deposits, provided further that the Purchaser shall be entitled to recover any such claim from any sum then due or which at any time thereafter may become due to the Contractor under this or any other contracts with the Purchaser.

0600. Delivery 0601. The Contractor shall as may be required by the Purchaser either deliver free or F.O.R. or c.i.f. at the

place/places detailed in the contract, the quantities of the stores detailed therein and the stores shall be delivered or dispatched not later than the dates specified in the contract. The delivery, will not be deemed to be complete unitl and unless the stores are inspected and accepted by the inspecting Officer as provided in the contract.

0602. The Purchaser shall not be liable to render assistance to the Contractor in securing or to arrange for or

provide transport to the Contractor unless it is so specifically stated in the contract, notwithstanding that transport of the stores, is controlled by or under the orders of the Government.

0603. Notwithstanding any inspection and approval by the Inspecting Officer on the Contractor’s premises,

property in the stores shall not pass on to the Purchaser until the stores have been received, inspected and accepted by the consignee.

0604. No stores shall be deliverable to the consignee’s depots on Sundays and public holidays without the

written permission of the consignee. 0700. Time for and Date of Delivery; the Essence of the Contract The time for and the date specified in the contract or as extended for the delivery of the stores shall be

deemed to be of the essence of the contract and delivery must be completed not later than the date(s) so specified or extended.

0701. Progressing of Deliveries. – The Contractor shall allow reasonable facilities and free access to his

works and records to the Inspecting Officer, Progress Officer or such other Officer as may be nominated by the Purchaser for the purpose of ascertaining the progress of the deliveries under the contract.

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0702. Failure and Termination. If the Contractor fails to deliver the stores or any installment thereof

within the period fixed for such delivery in the contract or as extended or at any time repudiates the contract before the expiry of such period the Purchaser may without prejudice to his other rights -

(a) recover from the Contractor as agreed liquidated damages and not by way of

penalty a sum equivalent to 2 per cent of the price of any stores (including elements of taxes, duties, freight, etc.) which the Contractor has failed to deliver within the period fixed for delivery in the contract or as extended for each month or part of a month during which the delivery of such stores may be in arrears where delivery thereof is accepted after expiry of the aforesaid period, or

(b) cancel the contract or a portion thereof and if so desired purchase or authorize the purchase of the stores not so delivered or others of a similar description (where stores exactly complying with particulars are not in, the opinion of the Purchaser, which shall be final, readily procurable) at the risk and cost of the Contractor. It shall, however, be in the discretion of the purchaser to collect or not the security deposit from the firm/firms on whom the contract is placed a the risk and expense of the defaulted firm.

Where action is taken under Sub-clause (b) above, the Contractor shall be liable for any loss which the Purchaser may sustain on that account provided the purchase, or, if there is an agreement to purchase, such agreement is made, in case of failure to deliver the stores within the period fixed for such delivery in the contract or as extended within six months from the date of such failure and in case of repudiation of the contract before the expiry of the aforesaid period of delivery, within six months from the date of cancellation of the contract. The Contractor shall not be entitled to any gain on such purchase and the manner and method of such purchase shall be in the entire discretion of the Purchaser. It shall not be necessary for the Purchaser to serve a notice of such purchase on the Contractor.

Note:- In respect of the stores which are not easily available in the market and where procurement difficulties are experienced, the period for making risk purchase shall be nine months instead of six months provided above.

0703. Consequences of Rejection. - If on the stores being rejected by the Inspecting Officer or

Interim Consignee or Consignee at the destination, the Contractor fails to make satisfactory supplies within the stipulated period of delivery, the Purchase shall be at liberty to:

(i) require the Contractor to replace the rejected stores forthwith but in any event not

later than a period of 21 days from the date of rejection and the Contractor shall bear all cost of such replacement including freight, if any, on such replacing and replaced stores but without being entitled to any extra payment on that or any other account, or

(ii) purchase or authorize the purchase of quantity of the stores rejected or others of a

similar description (when stores exactly complying with particulars are not in the opinion of the Purchaser, which shall be final, readily available) without notice to the Contractor at his risk and cost and without affecting the Contractor’s liability as regards the supply of any further installment due under the contract, or

(iii) cancel the contract and purchase or authorize the purchase of the stores or others of a similar description ( when stores exactly complying with particulars are not, in the opinion of the Purchaser, which shall be final, readily available) at the risk and cost of the Contractor. In the event of action being taken under Sub-clause (ii) above or under this Sub-clause, the provision of Clause 0702 above will apply as far as applicable.

(iv) where under the contract the price payable is fixed F.O.R dispatching station, the

Contractor shall, if the stores are rejected at destination by the consignee, be liable, in addition to his other liabilities, including refund of price recoverable in respect of the stores so rejected, to reimburse to the Purchaser the freight and all other expenses incurred by the Purchaser in this regard.

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0800. Extension of Time for Delivery. - If such failure as aforesaid shall have arisen from any cause which the Purchaser may admit as reasonable ground for extension of time, the Purchaser shall allow such additional time as he considers to be justified by the circumstances of the case, and shall forego the whole or such part, as he may consider reasonable, of his claim for such loss or damage as aforesaid. Any failure or delay on the part of sub-contractor, through their employment may have been sanctioned under Condition 1500 hereof, shall not be admitted as a reasonable ground for any extension of time or for exempting the Contractor from liability for any such loss or damage as aforesaid.

0900. Examination of Drawing, Specifications and Patterns. - When tenders are called for in accordance

with a drawing, specifications or sealed pattern the Contractor’s tenders to supply in accordance with such drawing, specifications or sealed pattern shall, be deemed to be an admission on his part that he has fully acquainted himself with the details thereof and, in no circumstances, will any claim on his part which may arise on account of his insufficient examination of the said drawing, specification or sealed pattern be considered.

1000. Mistakes in Drawing. The Contractor shall be responsible for and shall pay for any alterations for the works due to any

discrepancies, errors or omissions in the drawings or other particulars supplied by him whether such drawings or particulars have been approved by the Purchaser or not provided that such discrepancies, errors or omission be not due to inaccurate information or particulars furnished to the Contractor on behalf of the Purchaser. If any dimension figure upon a drawing on plan differ from those obtained by scaling the drawing or plan, the dimensions as figured upon the drawings or plan shall be taken as correct.

1100. Samples. 1101. Advance Sample. - Where an advance sample is required to be approved under the terms of the

contract, the Contractor shall submit the sample free of cost to the Inspecting Officer within the time specified in the acceptance of tender. If the Contractor is unable to do so, he must apply immediately to the Office issuing the acceptance of tender for extension of time stating the reasons for the delay. If the Purchaser is satisfied that a reasonable ground for an extension of time exists, he may allow such additional time as he considers to be justified (and his decision shall be final) with or without alteration in the delivery period stipulated in the acceptance of tender and on such conditions as he deems fit. In the event of the failure of the Contractor to deliver the advance sample by the date specified in the acceptance of tender or any other date to which the time may be extended as aforesaid by the Purchaser or of the rejection of the sample, the Purchaser shall be entitled to cancel the contract and, if so desired, purchase or authorize the purchase of the stores at the risk and cost of the Contractor, in which case the provisions of Clause 0700 shall apply as far as applicable.

1102. Unless otherwise provided in the contract, all samples required for test shall be supplied by the

Contractor free of cost. Where sample which is supplied free, is rejected after examination and test, the same or whatever remains of the sample, after examination and test will be returned to the Contractor at his request and cost within three months of the date of such rejection at public tariff rate at Owner’s risk.

1103. Marking. – Samples submitted shall be clearly labeled with the Contractor’s name and address and

the acceptance of tender number. 1104. If the Contractor submits a sample whether with, before or after the tender, the same shall not govern

the standard of supply except when it has been so specifically stated in the acceptance of tender. 1105. Whereunder the contract, the contractor is required to submit an advance sample, any expenses

incurred by the Contractor on or in connection with the production of stores in bulk, before the sample has been approved unconditionally, shall be borne by the Contractor and he shall not claim any compensation in the event of such sample being found unacceptable by the Inspecting Officer.

1106. The rejection of the sample by the Inspecting Authority or Inspecting Officer shall be final and

binding on the contractor. 1107. Where the contract does not require any advance sample to be approved, the Contractor may before

proceeding with bulk manufacture or delivery of the stores, if he so desires, submit to the Inspecting Officer for inspection a sample of the stores in which case a quantity not less than one per cent of the

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total quantity to be supplied unless otherwise authorized by the Inspecting Officer shall be submitted. The contractor shall not, however, be entitled to be shown any consideration or give any extension of time or claim to be exonerated from completing the delivery within the stipulated period only on the ground of delay in the approval of any such sample.

1108. If, under the contract, supplies are governed by a sealed pattern the Contractor shall be bound to

examine such pattern before preparing a sample or manufacturing the stores in bulk as the case may be.

1109. Loan of Sample. - If a certified sample is lent to the Contractor, it will bear a label containing inter

alia variation known to the Inspecting Officer between the said sample and the stores desired. If the Contractor finds any further variation between the certified sample and the particulars of specifications mentioned in the contract he shall at once refer the matter to the Inspecting Officer and the Contractors shall also give intimation of such discrepancy to the Purchase Officer. The Contractor shall follow the instructions of the Inspecting Officer as to what sample of particulars should guide the production of stores and the decision of the Inspecting Officer in the matter shall be final and binding on the Contractor.

1110. The Contractor shall not detach the said label from the certified sample and if for any reasons the said

label gets detached the Contractor shall at once return the certified sample to the Inspecting Officer for attaching a fresh label.

1200. Risk of Loss or Damage to Government or Purchaser’s Property.

1201. All the property of the Government or Purchaser loaned whether with or without deposit on terms and

conditions to be separately agreed upon in respect of each particular contract to the Contractor in connection with the contract shall remain the property of the Government or the Purchaser, as the case may be. The Contractor shall use such property for the purpose of the execution of the contract and for no other purpose whatsoever.

1202. All such property shall be deemed to be in good condition when received by the Contractor unless he

shall have within twenty-four hours of the receipt thereof notified the Purchase Officer to the contrary. If the Contractor fails to notify any defect in the condition or quality of such property he shall be deemed to have lost the right to do so at any subsequent stage.

1203. The Contractor shall return all such property and shall be responsible for the full value thereof to be

assessed by the Purchaser whose decision shall be final and binding on the Contractor. The Contractor shall be liable for loss or damage to such property from whatever cause happening while such property is in the possession of or under the control of the Contractor, his servants workmen or agents.

1204. Where such property is insured by the Contractor against loss or fire at the request of the Government

or Purchase such insurance shall be deemed to be effected by way of additional Precaution and shall nor prejudice the liability of the Contractor as aforesaid.

1300. Inspection by Inspecting Officer.

1301. (a) When inspection during manufacture or before delivery or dispatch is required, notice in writing shall be sent by the Contractor to the Inspecting Officer when the stores or material to be supplied are ready for inspection and test, and no stores shall be delivered or dispatched until the Inspecting Officer has certified in writing that such stores have been inspected and approved by him.

(b) In cases where the Inspecting Authority specified in the contract required on behalf of the Purchaser that inspection of the raw materials to be used and/or stage inspection during the manufacturing process of the component/stores, etc. is also to be done, notice in writing be shall sent by the Contractor to the Inspecting Officer to visit his premises/works to test the raw materials and/or conduct necessary inspection during the manufacturing process of the component/stores, etc. as deemed essential.

1302. Marking of Stores.- The Contractor shall, if so required, at his own expense, mark all the approved

stores with a recognized Government or Purchaser’s mark. The stores which cannot be so marked shall, if so required by the Inspecting Officer, be packed at his own expense in suitable packages or cases, each of which shall be sealed and marked with such mark.

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The Inspecting Officer shall also have power to mark the rejected stores with a rejection mark so that

they may be easily identified, if resubmitted for inspection.

1303. Facilities for Test and Examination. – The Contractor shall, at his own expense afford to the Inspecting Officer all reasonable facilities and such accommodation as may be necessary for satisfying himself, that the stores are being and/or have been manufactured in accordance with the particulars. The Inspecting Officer shall have full and free access at any time during the execution of the contract to the Contractor’s work for the purpose aforesaid, and he may require the Contractor to make arrangements for inspection of the stores or any part thereof or any material at his premises or at any other place specified by the Inspecting Officer and if the Contractor has been permitted to employ the services of a sub-Contractor, he shall in his contract with the sub-Contractor, reserve to the Inspecting Officer a similar right.

1304. Cost of Test.- The Contractor shall provide, without any extra charge, all materials, tools, labour and

assistance of every kind which the Inspecting Officer may demand of him for any test and examination, other than special or independent test, which he shall require to be on the Contractor’s premises and the Contractor shall bear and pay all costs attendant thereon. If the Contractor fails to comply with the conditions aforesaid, the Inspecting Officer shall, in his sole judgment, be entitled to remove for test and examination all or any of the stores manufactured by the Contractor to any premises other than his (Contractor’s) and in all such cases the Contractor shall bear the cost of transport and/or carrying out such tests elsewhere. A certificate in writing of the Inspecting Officer, that the Contractor has failed to provide the facilities and the means, for test examination shall be final.

1305. Delivery of Stores for Test.- The Contractor shall also provide and deliver for test, free of charge, at

such place other than his premises as the Inspecting Officer may specify, such material or stores he may require.

1306. Liability for Costs of Special or Independent Test.- In the events of rejection of stores or any part

thereof by the Inspecting Officer in the consequence of the sample thereof which is removed to the laboratory or other places of test, being found on test, to be not in conformity with the contractor, in the event of the failure of the Contractor for any reason to deliver the stores passed on test within the stipulated period, the Contractor shall, on demand pay, to the Purchaser all costs incurred in the inspection and/or test. Cost of test shall be assessed at the rate charged by the laboratory to private persons for similar work.

1307. Method of Testing.- The Inspecting Officer shall have the right to put all the stores or materials

forming part of the same or any part thereof to such tests as he may think fit and proper. The Contractor shall not be entitled to object on any ground whatsoever to the method of testing adopted by the Inspecting Officer.

1308. Stores Expended in Test.- Unless otherwise provided for in the contract if the test proves

satisfactory and the store or any installment thereof is accepted, the quantity of the stores or material expended in the test will be deemed to have been taken delivery of by the Purchaser and be paid for as such.

1309. Powers of Inspecting Officer.- The Inspecting Officer shall have the power-

(i) before any stores or part thereof are submitted for inspection to certify that they cannot be in accordance with the contract owing to the adoption of any unsatisfactory method of manufacture.

(ii) to reject any stores submitted as not being in accordance with the particulars. (iii) To reject the whole of the installment tendered for inspection, if after inspection of such

portion thereof as he may in his discretion think fit, he is satisfied that the same is unsatisfactory.

(iv) The Inspecting Officer’s decision as regards the rejection shall be final and binding on the Contractor.

1400. Charges for Work Necessary for Completion of the Contract.- The Contractor shall pay all charges for handling, stamping, painting, marking, protecting or

preserving patent rights, drawings, templates, models and gauges and for all such measures at the Purchaser or the Inspecting Officer may deem necessary for the proper completion of the contract, though special provision therefore may not be made in the specification of drawings.

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1500. Responsibility of the Contractor for Executing the Contract.

1501. Risk in the Stores. – The Contractor shall perform the contract in all respects in accordance with the terms and conditions thereof. The stores and every constituent part thereof, whether in the possession or control of the Contractor, his agents or servants and the Purchaser, his agents or servants, shall remait in every respect at the risk of the Contractor, until their actual delivery to the consignee at the stipulated place or destination or, where so provided in the acceptance of tender, until their delivery to a person specified in the contract as interim consignee for the purpose of dispatch to the consignee. The Contractor shall be responsible for all loss, destruction, damage or deterioration of or to the stores from any cause whatsoever while the stores after approval by the Inspecting Officer are awaiting dispatch or delivery or are in the course of transit from the Contractor to the consignee or, as the case may be, interim consignee. The Contractor shall alone be entitled and responsible to make claims against a Railway Administration or other carrier in respect of non-delivery, short delivery, misdelivery, loss, destruction, damage or deterioration of the goods entrusted to such carrier by the Contractor for transmission to the consignee or the interim consignee as the case may be.

1502. Consignor’s Right of Rejection. – Notwithstanding any approval which the Inspecting Officer may have given in respect of the stores or any materials or other particulars or the work or workmanship involved in the performance of the contract (whether with or without any test carried out by the Contractor or the Inspecting Officer or under the direction of the Inspecting Officer) and notwithstanding delivery of the stores where so provided to the interim consignee, it shall be lawful for the consignee, on behalf of the Purchaser, to reject the stores or any part, portion or consignment thereof within a reasonable time after actual delivery thereof to him at the place or destination specified in the contract if such stores or part, portion or consignment thereof is not in all respects in conformity with the firms and conditions of the contract whether on account of any loss, deterioration or damage before dispatch or delivery or during transit or otherwise howsoever. Note: In respect of materials pre-inspected at the firm’s premises the consignee will issue rejection

advice within 90 days from the date of receipt.

1503. Provided that where, under the terms of the contract the stores are required to be delivered to an interim consignee for the purpose of dispatch to the consignee, the stores shall be at the Purchaser’s risk after their delivery to the interim consignee, but nevertheless it shall be lawful for the consignee on behalf of the Purchaser to reject the stores or any part, portion of consignment thereof upon their actual delivery to him at the destination if they are not in all respects in conformity with the terms and conditions of contract except where they have been damaged or have deteriorated in the course of transit or otherwise after their delivery to the interim consignee.

1504. The provisions contained in Clause 2200 relating to the removal of stores rejected by the Inspecting Officer shall mutates mutandis apply to stores rejected by the consignee as herein provided. Note: In respect of stores inspected during manufacture or before delivery or dispatch at

contractor’s premises the consignee will issue communication of rejection within 90 days from the date of actual delivery thereof.

1505. Subletting and Assignment. - The Contractor shall not, save with the previous consent in writing of

the Purchaser, sublet, transfer or assign the contract or any part thereof or interest therein or benefit or advantage thereof any manner whatsoever.

In the event of the Contractor’s subletting or assigning this contract or any part thereof without such permission, the Purchaser shall be entitled to cancel the contract and to purchase the stores elsewhere on the Contractor’s account and risk and the Contractor shall be liable for any loss or damage which the Purchaser may sustain in consequence or arising out of such purpose.

1506. Changes in a Firm. – (a) Where the Contractor is a partnership firm, a new partner shall not be introduced in the firm

except with the previous consent in writing of the Purchaser, which may be granted only upon execution of a written undertaking by the new partner to perform the contract and accept all liabilities incurred by the firm under the contract prior to the date of such undertaking.

(b) On the death or retirement of any partner of the Contractor firm before complete

performance of the contract, the Purchaser may, at his option cancel the contract and in such case the Contractor shall have no claim whatsoever to compensation against the Purchaser.

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(c ) If the contract is not determined as provided in Sub-clause (b) above notwithstanding the

retirement of a partner from the firm he shall continue to be liable under the contract for acts of the firm until a copy of the public notice given by him under Section 32 of the Partnership Act, has been sent by him to the Purchaser by registered post acknowledgement due.

(d) Consequence of breach.- Should a partner in the Contractor firm commit a breach of Sub-

clause 1505 above or the Contractor should commit a breach of the conditions 1506 (a) of this Sub-clause, it shall be lawful for the Purchaser to cancel the contract and purchase or authorize the purchase of the stores at the risk and cost of the Contractor and in that event the provisions of Clauses 0600 and 0700 as far as applicable shall apply.

(e) The decision of the Purchaser as to any matter or thing concerning or arising out of this sub-

clause or on any question whether the Contractor or any partner of the Contractor firm has committed a breach of any of the conditions in this sub-clause contained shall be final and binding on the Contractor.

1507. Assistance to the Contractor.- (a) The Contractor shall be solely responsible to procure any material or obtain any import or

other licence or permit required for the fulfillment of the contract and the grant by the Purchaser or any other authority of a quota certificate or permit required under any law for distribution or acquisition of iron and steel or any other commodity or any other form of assistance in the procurement of the material aforesaid or any attempt to render assistance in the matter aforesaid, or shall not be construed as a representation on the part of the Purchaser that the material covered by such licence or permit or quota certificate is available or constitute any promise, undertaking or assurance on the part of the purchaser regarding the procurement of the same on effect any variation in the rights and liabilities of the parties under the contract. But, if by reason of any such assistance as aforesaid, the Contractor obtains any materials at less than their market price or the cost of production of the stores is lowered the price of the stores payable under the contract shall be reduced proportionately, and the extent of such reduction shall be determined by the Purchaser whose decision shall be final and binding on the Contractor.

(b) Every effort made by the Purchaser to supply, or give assistance in the procurement of

materials, whether from the Government stock or by purchase under a permit or release order issued by or on behalf of or under authority from Government or by any officer empowered in that behalf by law or under other arrangements made by the Purchaser shall be deemed to be subject to the condition that it will be performed with due regard to the other demands and only if it is found practicable to do so within the stipulated time and the decision of the Purchaser whether it was practicable to supply or give assistance as aforesaid or not shall be final and binding on the Contractor.

1600. Use of Raw Materials secured with Government Assistance. 1601. (a) Where any raw material is procured for the execution of a contract with the assistance of

the Government rendered in the form of permit, or license or quota certificate/essentiality certificate or release order issued by or on behalf of or under the authority of the Government or by an officer empowered in that behalf, or

(b) where the raw material is issued to the Contractor from Government stock, or

(c ) where advance payments are made to the Contractor to enable him to purchase the raw

material, or

(d) where raw material is arranged by the Government, the Contractor-

(i) shall hold such material as trustee for the Government,

(ii) shall use such material economically and solely for the purpose of the contract.

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(iii) shall not dispose of the same without the previous permission in writing of the Purchaser, and

(iv) shall render due account of such material and return to the Government at

such place as the Purchaser may direct all surplus or unserviceable material that may be left after the completion of the contract or its termination for any reason whatsoever.

On returning such material, the Contractor shall be entitled to such price therefore as the Purchaser may fix, having regard to the condition of such material.

1602. Where the contract is terminated due to any default on the part of the Contractor, the

Contractor shall pay all transport charges incurred for returning any material upto such destination as may be determined by the Purchaser and the decision of the Purchaser in that behalf shall be final and binding on the Contractor.

1603. If the Contractor commits breach of any of the conditions in this clause specified, he shall,

without prejudice to any other liability, penal or otherwise, be liable to account to the Government for all moneys, advantages or profits accruing from or which, in the usual course, would have accrued to him by reason of such breach.

1604. Where the stores manufactured or fabricated by the Contractor out of the material arranged

or procured by or on behalf of the Government are rejected, the Contractor shall, without prejudice to any other right or remedy of the Government, pay to the Government, on demand, the cost price or market value of all such materials whichever is greater.

1700. Indemnity. 1701. The Contractor shall at all times indemnify the Purchaser against all claims which may be

made in respect of the stores for infringement of any right protected by patent, registration of designs or trade mark. Provided always that in the event of any claim in respect of alleged breach of letters patent, registered designs or trade mark being made against the Purchaser, the Purchaser shall notify the Contractor of the same and the Contractor shall, at his own expense, either settle any such dispute or conduct any litigation that may arise there from.

1702. The Contractor shall not be liable for payment of any loyalty, licence fee or other expenses

in respect of or for making use of patents or designs with respect to which he is according to the terms of the contract, to be treated as an agent of the Government for the purpose of making use of patent or trade mark for fulfillment of the contract.

1800. Packing. 1801. The Contractor shall pack at his own cost the stores sufficiently and properly for transit by

rail/road, air and/or sea as provided in the contract so as to ensure their being free from loss or damage on arrival at their destination.

1802. Unless otherwise, provided in the contract all containers (including packing cases, boxes,

tins, drums and wrappings) in which the stores are supplied by the Contractor, shall be considered as non-returnable and their cost as having been included in the contract price.

1803. If the contract provides that the containers shall be returnable, they must be marked

‘returnable’ and they will be returned to the Contractor as per terms of the contract. 1804. If the contract provides that the containers shall be returnable, they shall be invoiced by the

Contractor at the price specified in acceptance of tender. In such cases, the Contractor shall give full credit for the invoiced amount if the containers are returned to the Contractor. Return of containers shall be made within a reasonable time and in the event of any dispute or difference arising as to whether the containers were so returned, the decision of the Purchaser thereon shall be final and binding and the Purchaser may, in his discretion award, such compensations as may in his opinion be proper for any undue delay in returning the containers.

1805. Each bale or package delivered under the contract shall be marked by the Contractor at his

own expense. Such marking shall be distinct (all previous irrelevant marking being

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carefully obliterated) and shall clearly indicate the description and quantity of the stores, the name and address of the Consignee, the gross weight of the package and the name of the Contractor with a distinctive number of mark sufficient for the purpose of identification. All markings shall be carried out with such material as may be found satisfactory by the Inspecting Officer as regards quickness of drying, fastness and indelibility.

1806. The Inspecting Officer may reject the stores if the stores are not packed and/ or marked as

aforesaid and in case where the packing materials are separately prescribed, if such materials are not in accordance with the terms of the contract. Such rejection of the stores by the Inspecting Officer shall be final and binding on the Contractor.

1807. Each bale or package shall contain a packing note specifying the name and address of the

Contractor, the number and date of the acceptance of tender or supply order and the designation of the Purchase Officer issuing the supply order, the description of the stores and the quantity contained in such bale or package.

1900. Notification of Delivery. Notification of delivery or dispatch in regard to each and every installment shall be made to

the consignee and to the indentor immediately on dispatch or delivery. The Contractor shall further supply to the consignee, or the interim consignee, as the case may be, a packing account Quoting number of the acceptance of tender and /or supply or repeat order and date of dispatch of the stores. All packages, containers, bundles and loose materials part of each and every installment shall be fully described in the packing account and full details of the contents of the packages and quantity of materials shall be given to enable the consignee to check the stores on arrival at destination. The Railway Receipt/Consignment Note or Bill of lading, if any, shall be forwarded to the consignee by registered post immediately on the dispatch of stores. The contractor shall bear and reimburse to the Purchaser demurrage charges, if any, paid by reason of delay on the part of the Contractor in forwarding the Railway Receipt, Consignment Note or Bill of Lading.

2000. Progress Reports. 2001. The Contractor shall form time-to-time, render such reports concerning the progress of the

contract and/or supply of the stores in such form as may be required by the Purchaser. 2002. The submission, receipt and acceptance of such reports shall not prejudice the rights of the

Purchaser under the contract, nor shall operate as an estoppel against Purchaser merely by reason of the fact that he has not taken notice of/or subjected to test any information contained in such report.

2100. Freight The stores shall be dispatched at public tariff rates. In the case of f.o.r., station of dispatch

contract, the stores shall be booked by the most economical route or most economical tariff available at the time of dispatch as the case may be. Failure to do so will render the Contractor liable for any avoidable expenditure cause to the Purchaser. Where alternative routes exist, the Purchaser shall, if called upon to do so, indicate the most economical route available, or name the authority whose advice in the matter shall be taken and acted upon. If any advice of any such authority is sought, his decision or advise in the matter shall be final and binding on the Contractor.

2101. OCTROI:

In respect of Road deliveries where the Municipal/Local authority do not accept octroi duty exemption certificate the octroi duty should be borne by the seller.

2200. Removal of Rejected Stores. 2201. On rejection of all stores submitted for inspection at a place other than the premises of the

Contractor, such stores shall be removed by the Contractor at his own cost subject as hereinafter stipulated, within 21 days of the date of intimation of such rejection. If the concerned communication is addressed and posted to the Contractor at the address

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mentioned in the contract, it will be deemed to have been served on him at the time when such communication would be in the course of ordinary post reach the Contractor. Provided that the Inspecting Officer may call upon the Contractor to remove dangerous, infected or perishable stores within 48 hours of the receipt of such communication and the decision of the Inspecting Officer in this behalf shall be final in all respects. Provided further that where the price or part thereof has been paid, the consignee is entitled without prejudice to his other rights to retain the rejected stores till the price paid for such stores is refunded by the Contractor save that such retention shall not in any circumstances be deemed to be acceptance of the stores or waiver or rejection thereon.

2202. All rejected stores shall in any event and circumstances remain and always be at the risk of

the Contractor immediately on such rejection. If such stores are not removed by the Contractor within the periods aforementioned, the Inspection Officer may remove the rejected stores and either return the same to the Contractor at his risk and cost by such mode of transport as the Purchaser or Inspecting Officer may decide, or dispose of such stores at the Contractor’s risk and on his account and retain such portion of the proceeds, if any from such disposal as may be necessary to recover any expense incurred in connection with such disposals (or any price refundable as a consequence of such rejection). The purchaser shall, in addition, be entitled to recover from the Contractor ground rent/demurrage charges on the rejected stores after the expiry of the time-limit mentioned above.

2203. The stores that have been dispatched by rail and rejected after arrival at destination may be

taken back by the Contractor either at the station where they were rejected or at the station from which they were sent, after refunding the price paid for such stores and other charges refundable as a consequence of such rejection. If the contract is placed for delivery f.o.r. station of dispatch, the contractor shall pay the carriage charges on the rejected consignment at public tariff rates from the station of dispatch to the station where they are rejected. If the Contractor elects to take back the goods at the station from which they were dispatched, the goods shall in addition, be booked backed to him freight to-pay at public tariff rates and at owner’s risk. The Contractor shall be liable to reimburse packing and incidental costs and charges incurred in such return or rejected stores in addition to other charges refundable as a consequence of rejection. The goods shall remain the property of the Contractor unless and until accepted by the Purchaser after inspection.

2300. System of Payment 2301. Unless otherwise agreed upon between the parties, payment for delivery of the stores will be

made on submission of bills in the prescribed form which may be obtained from the Purchase Officer in accordance with the instructions given in the Acceptance of Tender, by a cheque or demand draft on a branch of the Reserve Bank of India or State Bank of India transacting government business as may be decided by the Purchaser.

2302. Payment for the stores or for each consignment thereof will be made to the Contractor on

submission of bills accompanied by required document in accordance with the following procedure in contracts where such a facility to the Contractor has specifically been agreed to by the Purchaser:-

(a) 95 per cent payments for the stores or each consignment thereof will be made to the

firms against proof of inspection and dispatch. The original railway receipt should be sent to the Accounts Officer responsible for payment along with 95 per cent bill advising the particulars of dispatch to' the consignee. The Accounts Officer after passing the 95 per cent bill should pass on the original railway receipt to the consignee for taking delivery of the consignment. It should however, be ensured that there is no delay in 'the Accounts Office transmitting the original railway receipt to the consignee.

(b) The balance of 5 per cent shall be paid on receipt of the stores or each consignment thereof in accordance with the terms of the contract in good condition by the consignee, with a certificate to that effect endorsed on the copy of the Inspection Note by the Consignee which shall accompany the bill submitted by the Contractor.

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(c) In the case of. c. .i. f. contract 95 per cent of the price will be paid in India on presentation of shipping documents and inspection certificate and the remaining 5 per cent on receipt of the stores in accordance with the terms of the contract in good condition by the consignee, and on producing the certificate of such receipt endorsed on one copy of the Inspection Note by the Consignee, or alternatively at the Contractor’s option, .the full value of. the stores will be paid after inspection, on receipt of the consignment m accordance with the terms of the contract in good condition by the Consignee and on producing a certificate of such receipt endorsed on one copy of the Inspection Note.

2303. In all other contracts or in contracts where the Inspecting Officer also acts as the interim

consignee or where inspection is carried on by the Consignee himself at destination and in all cases of local delivery full payment shall be made on submission of "Final 100 per cent bill" supported by the Inspection Certificates and consignee's receipt as aforesaid to the Accounts Officer concerned.

Note:- (l) The system of 95 per cent and 5 per cent payment is not applicable to

claims amounting to Rs. 200 or below. In such cases only a single bill for value should be submitted.

(2) In the case of Running Contracts, the system of payment will be similar to the above except that payment would be 98 pet cent and 2 per cent instead of 95 per cent and 5 per cent specified above.

2400. Withholding and lien in respect of sums claimed. 2401. Whenever any claim or claims for payment of a sum of money arises out of or under the

contract against the Contractor, the Purchaser shall be entitled to withhold and also have a lien to retain such sum or sums in whole or in part from the security, if any, deposited by the Contractor and for the purpose aforesaid, the Purchaser 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 Purchaser shall be entitled to withhold and have lien to retain to the extent of the such claimed amount of 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 the Purchaser or the 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 Purchaser will be kept withheld or retained as such by the Purchaser till the claim arising out of or under the contract is determined by the Arbitrator (if the contract is governed by the arbitration clause) or by the competent court as prescribed under Clause 2703 hereinafter provided, 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:

2402. For the purpose of Clause 2401, where the Contractor is a partnership firm or a limited

company, the Purchaser shall be entitled to withhold and also have a lien to retain towards such claimed 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 indivjdo.w1 capacity or otherwise.

2403. 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 withhold or retain by way of lien by the Purchaser or Government against any claim of the Purchaser or Government in respect of payment of a sum of money arising out of or under any other contract made by the Contractor with the Purchaser or Government.

It is an agreed term of the contract that the sum of money so withheld or retained under this clause by the 'Purchaser or Government will be kept withheld or retained as such by the Purchaser or Government till his claim arising out of in the same contract or any other

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contract is either mutually settled or determined by the arbitrator, if the contract is governed by the arbitration clause or by the competent court under Clause 2703 hereinafter provided, as the case may be, and that the 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.

2500. Corrupt Practices 2501. The Contractor shall not offer or give or agree to give to any person in the employment of

the Purchaser or working under the order of the Purchaser any gift or consideration of any kind as an inducement or reward for doing or for bearing to do or for having done or for borne to do any act in relation to the obtaining or execution of the contract or any other contract with the Purchaser or Government or for showing any favour or for bearing to show disfavour to any person in relation to the contract or any other contract with the Purchaser or Government. Any breach of the aforesaid condition by the Contractor. or anyone employed by him or acting on his behalf (whether with or without the knowledge of the Contractor) or the commission of any offence by the Contractor or by any one employed by him or acting on his behalf under Chapter IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act, 1947 or any other act enacted for the prevention of corruption by public servants shall entitle the Purchaser to cancel the contract and all or any other contracts with the Contractor- and to recover from the Contractor the amount of any loss arising from such cancellation in accordance with the provisions of Clauses 0600 and 0700. '

2502 Any dispute or difference in respect of either the interpretation effect or application or the

above condition or of the amount recoverable thereunder by the Purchaser from the Contractor, shall be decided by the Purchaser, whose decision thereon shall be final and binding on the Contractor,

2600. Insolvency and Breach of Contract 2601: The Purchaser may at any time. by notice in writing summarily determine the contract

without compensation to the Contractor in any of the following events, that is to say:-

(a) if the Contractor being an individual or if a firm, any partner thereof, shall at any time, be adjudged insolvent or shall have a receiving order or order for administration of his estate made against him or shall take any proceeding for composition under any Insolvency Act for the time being in force or make any conveyance or assignment of his effects or enter into any assignment or composition with his creditors or suspend payment or if the firm be dissolved under the Partnership Act, or

(b) if the Contractor being a company is wound up voluntarily or by the order of a Court or a

Receiver, Liquidator or Manager on behalf of the Debenture-holders is appointed or circumstances shall have arisen which entitle the Court or Debenture -holders to appoint a Receiver, liquidator or Manager or

(c) if the Contractor commits any breach of the contract not herein specifically provided for. '

Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the Purchaser and provided also the Contractor shall be liable to pay to the Purchaser for any extra expenditure he is thereby put to and the Contractor shall, under no circumstances, be entitled to any gain on re-purchase.

2700. Laws governing the Contract 2701. This contract shall be governed by the laws of India for the time being in force. 2702. Irrespective of the place of delivery, the place of performance or place of payment under the

contract, the contract shall be deemed to have been made at the place from which the acceptance of tender has been issued.

2703 Jurisdiction of courts

The Courts of the place from where the acceptance of tender has been issued shall alone have jurisdiction to decide any dispute arising out of or in respect of the contract.

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2704. Marking of stores –

The marking of the stores must comply with the requirements of the laws relating to merchandise marks for the time being in force in India.

2705. Compliance with provisions of Contract Labour (Regulation and Abolition) Act, 1970.

(1) The Contractor shall comply with the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and the Contractor Labour (Regulation and Abolition) Central Rules, 1971, as modified from time to time wherever applicable and shall also indemnify the Purchaser from and against any claims under the aforesaid Act and the Rules.

(2) The Contractor shall obtain a valid license under the aforesaid Act as modified from

time to time before the commencement of the contract and continue to have a valid license until the completion of the contract. Any failure to fulfill this requirement shall attract the penal provisions of the contract arising out of the resultant non-execution of the contract.

(3) The Contractor shall pay to labour employed by him directly or through Sub-Contractors

the wages as per provisions of the aforesaid Act and the Rules wherever applicable. The Contractor, shall, notwithstanding the provisions of the contract to the contrary, cause to be paid the wages to labour indirectly engaged on the contract including any engaged by his Sub-Contractors in connection with the said contract, as if the labour had been immediately employed by him.

(4) In respect of all labour directly or indirectly employed in the. contract for performance

of the Contractor's part of the contract, the Contractor shall comply with or cause to be complied with the provisions of the aforesaid Act and the Rules wherever applicable.

(5) In every case in which, by virtue of the provision of the aforesaid Act or the Rules, the

Purchaser is obliged to pay any amount of wages to a workman employed by the Contractor or his Sub-Contractor in execution of the contract or to incur any expenditure in providing welfare and health amenities required to be provided under the aforesaid Act and the Rules or to incur any expenditure on account of the contingent liability of the Purchaser due to the Contractor's failure to fulfill his statutory obligations under the aforesaid Act or the Rules the Purchaser will recover from the Contractor, the amount of wages so paid or the amount of expenditure so incurred, and without prejudice to the rights of the Purchaser under Section 20, Subsection (2) and Section 21, Subsection (4) of the aforesaid Act., the Purchaser shall be at liberty to recover such amount or part thereof by deducting it from the security deposit and/or from any sum due by the Purchaser to the Contractor whether under the contract or otherwise. The Purchaser shall not be bound to contest any claim made against it under Sub-section (1) of Section 20 and Sub-section (4) of Section 21 of the aforesaid Act except on the written request of the Contractor and upon his giving to the Purchaser full security for all costs for which the Purchaser might become liable in contesting such claim. The decision of the Purchaser regarding the amount actually recoverable from the Contractor as stated above, shall be final and binding on the Contractor.

2800. Headings

The headings of conditions here to shall not affect the construction thereof. 2900. Arbitration

(a) In the event of any question, dispute or difference arising under these conditions or any special conditions of contract, or in connection with this contract (except as to any matters the decision of which is specially provided for by these or the Special conditions) the same shall be referred to the sole arbitration of a Gazetted Railway Officer appointed to be the arbitrator, by the General Manager in the case of contracts entered into by the Zonal Railways and Production Units; by any Member of the Railway Board, in the case of contracts entered into by the Railway Board and by the Head of the Organization in respect of contracts entered into by the other Organizations under the Ministry of Railways. The Gazetted Railway Officer to be appointed as arbitrator however will not be one of those who had an opportunity to

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deal with the matters to which the contract relates or who in the course of their duties as railway servant have expressed views on all or any of the matters under dispute or difference. The award of the arbitrator shall be final and binding on the parties to this contract.

(b) In the event of the arbitrator dying, neglecting or refusing to act or resigning or being

unable to act for any reason, or his award being set aside by the court for any reason, it shall be lawful for the authority appointing the arbitrator to appoint another arbitrator in place of the outgoing arbitrator in the manner aforesaid.

(c) It is further a term of this contract that no person other than the person appointed by the

authority as aforesaid should act as arbitrator and that if for any reason that is not possible, the matter is not to be referred to arbitration at all.

(d) The arbitrator may from time to time with the consent of all the parties to the contract

enlarge the time for making the award.

(e) Upon every and any such reference the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator.

. (f) Subject as aforesaid, the Arbitration and Conciliation Act, 1996 and the rules thereunder

and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause.

(g) The venue of arbitration shall be the place from which the acceptance note is issued or

such other place as the arbitrator at his discretion may determine.

(h) In this clause the authority to appoint the arbitrator includes, if there be no such authority, the officer who is for the time being discharging the functions' of that authority, whether in addition to other functions or otherwise.

3000 Fall Clause: Deleted

INSPECTION & REJECTION 3100. Where under a contract, the price payable is fixed on F.O.R. station of despatch basis, the

Contractor shall, if the stores are rejected at destination by the consignee be liable in addition to his other liabilities, to reimburse to the Purchaser the freight paid by the Purchaser.

3101. Notification of Result of Inspection- Unless otherwise provided in the specification of

schedule, the examination of the stores will be made as soon as practicable after the same have been submitted for inspection and the result of the examination will be notified to the Contractor.

3102. Inspection Notes. -On the stores being found acceptable by the inspecting Officer he shall

furnish the Contractor with necessary copies of Inspection Notes duly completed, for being attached to the Contractor’s bill In support thereof.

3200. Warranty/Guarantee 3201. The Contractor/Seller hereby covenants that it is a condition of the contract that all

goods/stores/articles furnished to the Purchaser under this contract shall be of the highest grade, free of all defects and faults and of the best materials, quality, manufacture and workmanship throughout and consistent with the established and generally accepted standards for materials of the type ordered and in full conformity with the contract specification, drawing or sample, if any and shall, if operable, operate properly.

3202. The Contractor also guarantees that the said goods/stores/articles would continue to conform

to the description and quality as aforesaid, for a period of 30 months after their delivery or 24 months from the date of placement in service whichever shall be sooner, and this

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warranty shall survive notwithstanding the fact that the goods/stores/articles may have been inspected, accepted and payment therefore made by the Purchaser.

3203. If during the aforesaid period, the said goods/stores/articles be discovered not to conform to

the description and quality aforesaid or have deteriorated, otherwise than by fair wear and tear the decision of the Purchaser in that behalf being final and conclusive than the Purchaser will be entitled to reject the said goods/stores/articles or such portions thereof as may be discovered not to conform to the said description and quality. On such rejection, the goods/stores/articles or such portions thereof will be at the Seller’s risk. If the Contractor/Seller so desired, the rejected goods may be taken over by him or his agents for disposal in such manner as he may deem fit within a period of 3 months from the date of such rejection. At the expiry of the period, no claim whatsoever shall lie against the Purchaser in respect of the said goods/stores/articles, which may be disposed of by the Purchaser in such manner as he thinks fit. Without prejudice to the generality of the foregoing, all the provisions in the Indian Railways Standard Conditions of Contract relating of the ‘rejection of stores’ and ‘failure’ and ‘termination’ add and Clause 3100-02 above shall apply.

3204. The Contractor/Seller shall, if required, replace the goods or such portion thereof as have

been rejected by the Purchaser, free of cost, at the ultimate destination, or at the option of the Purchaser, the Contractor/Seller shall pay to the Purchaser, the value thereof at the contract price and such other expenditure and damage as may arise by reason of the breach of the conditions herein before specified. Nothing herein contained shall prejudice any other right of the Purchaser in that behalf under this contract or otherwise.

3300. Book Examination Clause The Government reserves the right for ‘Book Examination’

as follows:-

(i) The Contractor shall whenever called upon and requiring to produce or cause to be produced for examination by any Government Officer duly authorized in that behalf, any cost or other account book of account, voucher, receipt, letter, memorandum, paper or writing or any copy of or extract from any such document and also furnish information any way relating to such transaction and procedure before the duly authorized Government Officer returns verified in such manner as may be required relating in any way to the execution of this contract or relevant for verifying or ascertaining the cost of execution of this contract (the decision of such Government Officer on the question of relevancy of any document, information of return being final and binding on the parties).

The obligation imposed by this clause is without prejudice to the obligation of the contractor under any statute, rules or orders shall be binding on the Contractor.

(ii) The Contractor shall, if the authorized Government Officer so requires (whether before or

after the prices have been finally fixed), afford facilities to the Government Officer concerned to visit the Contractor’s works for the purpose of examining the processes of manufacture and estimating or ascertaining the cost of production of the articles. If any portion of the work be entrusted or carried out by a sub-contractor or any subsidiary or allied firm or company, the authorized Government Officer shall have power to examine all the relevant books of such sub-contractor or any subsidiary or allied firm or company shall be open to this inspection as mentioned in Clause(i).

(iii) If on such examination, it is established that the contracted price is in excess of the actual

cost plus reasonable margin or profit, the Purchaser shall have the right to reduce the price and determine the amount to a reasonable level.

(iv) Where a contract provides for book examination clause, the Contractor or its agency bound

to allow examination or its books within a period of 60 days from the date the notice is received by the Contractor, or its agencies calling for the production of documents as under clause (i) above. In the event of Contractor's or his agencies failure to do so, the contract price would be reduced and determined according to the best judgement of the Purchaser which would be final and binding on the Contractor and his agencies.

Page 33 of 41

3400. Inspection at the Fag End of the Delivery Period:-

In cases where only a portion of the stores ordered is tendered for inspection at the Fag end of the delivery period and also in cases where inspection is not completed in respect of the portion of the stores tendered for inspection during the delivery period, the Purchaser reserves the right to cancel the balance quantity not tendered for inspection within the delivery period fixed in the contract at the risk and expense of the Contractor without any further reference to him. If the stores tendered for inspection during or at the fag end of the delivery period are not found acceptable after carrying out the inspection, the Purchaser (is entitled to cancel the contract in respect of the same at the risk and expense of the Contractor. If, however, the stores tendered for inspection are found acceptable, the Purchaser may grant an extension of the delivery period subject to the following conditions:-

(a) The Purchaser has the right to recover from the Contractor under the provision of clause

0702 (a) of I.R.S. Conditions of Contract liquidated damages on the stores which the Contractor has failed to deliver within the period fixed for delivery.

(b) That no increase in price on account of any statutory increase in or fresh imposition of

Customs Duty, Excise Duty, Sales Tax or on account of any other tax or duty leviable in respect of the stores specified in the contract which take place after the date of the delivery period stipulated in the contract shall be admissible on such of the said stores as are delivered after the date of the delivery stipulated in the contract.

(c) That notwithstanding any stipulation in the contract for increase in price on any other

ground no such increase which takes place after the date of the delivery stipulated in the contract shall be admissible on such of the said stores as are delivered after the expiry of the delivery period stipulated in the contract.

(d) But nevertheless, the Purchaser shall be entitled to the benefit of any decrease in price on

account of reduction in or remission of Custom Duty, Excise Duty, Sales Tax or on account of any other Tax or Duty or on other ground as stipulated in the price variation clause which takes place after the expiry of the date of delivery period stipulated in the contract.

3401. The Contractor shall not despatch the Stores till such time as an extension in terms of Para 16

(a) to (d) above is granted by the Purchaser and accepted by the Contractor. If the stores are despatched by the Contractor before an extension letter as aforesaid is issued by the Purchaser and the same are accepted by the Consignee, the acceptance of the stores shall be deemed to be subject to the conditions (a) to (d) set out in paragraph 3400 above.

3402. In cases where the entire quantity has not been tendered for inspection within the delivery

period stipulated in the contract and the Purchaser chooses to grant an extension of the delivery period the same would be subject to conditions (a) to (d) mentioned in the paragraph 3400 above.

3500 These [special] conditions wherever they differ from the Invitation to Tender and Instructions to

Tenderers override the latter.

(ADDITIONAL) SPECIAL CONDITIONS

(Vide Para 417-S)

In addition to Standard Conditions of Contract, the following special conditions shall apply to [Running] Contract:-

3600. Purpose of Contract and Parties to the Contract 3601. The parties to the contract, which shall be deemed to be a “Running Contract" and which is

intended for the supply of the stores of the descriptions and approximately in the quantities setforth in the contract during the period specified therein shall be the Contractor of the one part and the authorities named in the contract hereinafter called the Purchaser (which expression shall, where the cantext so admits or implies, be deemed to include his successors

Page 34 of 41

and assigns) of the other part. The quantities shown In the said Contract, are only approximate, and cannot be guaranteed.

3602. The Purchaser may authorize any officer (who shall hereinafter be called Direct Demanding

Officer) at any time during the period of the contract, to place orders direct on the Contractor.

3603. Any variation of this contract shall not be binding on the Purchaser unless or until the same

is endorsed on the contract or incorporated in a formal instrument in exchange of letters and signed by the parties.

3700 Delivery.

The Contractor shall as may be required by the Purchaser either deliver free or f.o.r. or c.i.f. at the place or places specified in the contract such quantities of the stores detailed in the said contract as may be ordered direct from the Contractor from time-to-time by the Purchaser or by the Direct Demanding Officer. The Contractor shall deliver or despatch the full quantity of the stores so ordered within the period specified in the said contract.

3800. Increase or Decrease of Quantities.

The Purchaser shall be entitled at any time to increase or decrease the approximate total quantities of each description of stores shown in the said contract by not more than 30 per cent and will give reasonable notice in writing of any such increase or decrease to the Contractor.

3900. Maintenance and Replacement of Stocks. 3901. To meet casual demands, the Contractor shall maintain at all time in stock (until 75 per cent

of the requirements have been drawn), at the place(s) specified in the contract, the quantity/quantities mentioned therein. All demands should be complied with immediately they are received by the Contractor or within the period, if any, stipulated in individual orders. As soon as the Contractor is called upon to effect supplies, he shall take action to replenish the guaranteed stocks until such time as 75 per cent of the total approximate requirement has been drawn and such replenishment shall be completed with the period specified in the contract, after the receipt by the Contractor of casual demands. Due notice will be given to the Contractor by the Direct Demanding Officers or by the Purchaser, if any additional quantities over and above 75 per cent of the total approximate requirements are required and the Contractor shall then arrange stocks accordingly.

3902. The period for replenishment of stocks will be allowed only if the material is not in stock. If

the material is in stock this Provision will be inoperative eventhough the guaranteed stock quantity may have been supplied against the contract.

4000. Reporting Progress of Contract.

The Contractor shall three calendar months before the termination of the contract or at such intervals as may be specified in the contract, submit a report to the Purchaser stating the total quantity of stores delivered or despatched under the contract.

4100. Special conditions where they differ from Standard Conditions override the later.

*************************

Page 35 of 41

ANNEXURE-V

“P” F O R M

TENDER No.CS-164 of 2010

TO BE FILLED IN COMPULSORILY : (NO COLUMNS TO BE LEFT BLANK) 1. Name of the Tenderer : ____________________________________ 2. Location of the Factory : ____________________________________ 3. Postal Address of the Tenderer : ________________________________ 4. Telephone Nos. (i) Works _________________

(ii) Office _________________ (iii)

5. Telex/Fax No. ___________________________________ 6. Nearest Loading/goods booking Station : _________________________ 7. Monthly production capacity : _____________ Qty. in Metric tonnes 8. Supplies made during the last three years (please

attach a statement duly signed by the Tenderer giving details of Inspection Certificates with nos. & dated, qty. supplies Against each contracts/Purchase Orders placed By Railway/orders by Pvt. Sectors Unit)

2007-08 __________ MT

2008-09 __________ MT

2009-10___________ MT

Note:-Quantities shown as supplied without relevant references shall not be considered for capacity assessments.

9. Industrial classification of the factory (Attach true copy of the certificate

duly attested).____________________________________________

Signature of Tenderer

(SEAL)

Enclosures: 1. 2. 3. 4.

Page 36 of 41

ANNEXURE- VI List of the Concrete Sleeper Plants

Name of the Sleeper Plant Location State Approx. Cement

requirement(MT)1.CENTRAL RAILWAY

Alpine Housing Development Corpn. Ltd.

Wadi Karnataka

BEMCO Sleepers Pvt. Ltd. Khandwa Mahdya Pradesh

BEMCO Sleepers Pvt. Ltd. Nandgaon Maharashtra Concrete India Lonavla Maharashtra Daya Engineering Works (Poles) Daund Maharashtra Kaprecon Sleepers Works Pvt. Ltd. Butibori Maharashtra Malu Sleepers (Maharastra) Pvt. Ltd. Daund Maharashtra Prestress (India) Pvt. Ltd. Mohol Maharashtra Stresscrete Pvt. Ltd. Manmad Maharashtra

44932

2.EASTERN RAILWAY

MUVA Industries (P) Ltd. Jagdispur Jharkhand Prestressed Udyog (India) Pvt. Ltd. Chotta Ambona Jharkhand Stresscon Industries Ltd. Chammagram West Bengal Rampurhat PSC Sleepers Ltd. Rampurhat West Bengal Tantia Concrete Products (P) Ltd. Pannagarh West Bengal

37540

3.EAST CENTRAL RAILWAY

Daya Engg. Works Ltd. Manpur (Gaya) Bihar Daya Engineering Works (Sleeper) Ltd. Manpur(Gaya) Bihar Natraj Engg. Pvt. Ltd. Sarai Bihar

36451

4.EAST COAST RAILWAY

Gannon Dunkerley & Co. Ltd. Rayagada Orissa Mazda Concrete Products Ltd. Kaipadar Road Orissa Calcutta Springs Ltd. Surlaroad Orissa Sahuwala Cylinders Ltd. Garudaballi Andhra Pradesh Vijay Prestressed Products (P) Ltd.

Pendurthi Andhra Pradesh

40456

5.NORTHERN RAILWAY

Khem Chand Lohta Uttar Pradesh Track Innovations(India) Pvt. Ltd. Chandigarh UT of

Chandigarh Veekay Industries Veerbhadra Uttranachal Ashi Pvt. Ltd. Rewari Haryana

90316

Page 37 of 41

Jay Prestressed Products Ltd. Kosikalan Uttar Pradesh Departmental Concrete sleeper Plant Khalispur Uttar Pradesh Vishal Nirmithi Kandrori Himachal

Pradesh Icon Sleepers Solakha Haryana Tayal & Co. Gohana Haryana

6.NORTH CENTRAL

RAILWAY

ECON Antri Ltd. Antri Madhya Pradesh

Engipress Industries Ltd Banmore Madhya Pradesh

Indian Hume Pipe Co. Ltd. Karari Uttar Pradesh Departmental Concrete Sleeper Plant Subedarganj Uttar Pradesh

7.NORTH WESTERN RAILWAY

41547

Arvind Construction Co. Ltd. Marwar Chapri Rajasthan Daya Engineering Works (Sleeper) Ltd. Degana Rajasthan Rural Engg. Co. Pvt. Ltd. Shambhupura Rajasthan CSP Badi Khatu Rajasthan CSP Hanumangarh Rajasthan CSP churu Rajasthan

8.NORTH EASTERN RAILWAY

65291

Annavaram Concrete Pvt. Ltd. Burhwal Uttar Pradesh Calstar Steel Ltd. Kanpur AnwarganjUttar Pradesh CCI Prestress Ties (P) Ltd. Lalkuan Uttaranchal Bridge Workshop (Departmental) Gorakhpur Cantt Uttar Pradesh

9.NORTH EAST FRONTIER RAILWAY

49373

Allied Engg. Enterprises Lumding Assam Arunoday Const. Co. (P) Ltd. Jagi Road Assam Daya Engg. Works Mirza Assam PCM Cement Concrete Pvt. Ltd. New Jalpaiguri West Bengal Prestressed Udyog (Assam) Pvt. Ltd. New Bongaigaon Assam Rail Track Concrete Products Pvt. Ltd. Bihara Assam

10.SOUTHERN RAILWAY

53254

Concrete Products & Const. Co. Tiruvalam Tamil Nadu Concrete Products & Construction Co. Ambattur Tamil Nadu Kottukulam Engineers Pvt. Ltd. Bommidi Tamil Nadu Nallai Concrete Products & Const. Co. Gangaikondan Tamil Nadu Rayalseema Concrete Sleepers (P) Ltd. Thirumanglam Tamil Nadu

72116

Page 38 of 41

11.SOUTH WESTERN RAILWAY

Mahadev Industries Hospet Karnataka Malu Sleepers Pvt. Ltd. Birur Jn. Karnataka Shri Maruthi Builders Yashwantpur Karnataka CSP Hubli Karnataka CSP Devengere Karnataka CSP Tumkur Karnataka

12.SOUTH CENTRAL RAILWAY

47970

Coromandel Concrete Products Ltd. Kovvur Andhra Pradesh Lakshmi Prestress Concrete Works Hasanparthi Andhra Pradesh Mysore Structural Ltd. Wadiyaram Andhra Pradesh Raghavendra Prestress Products Pvt. Ltd.

Mantralyam Road Andhra Pradesh

Rayalseema Concrete Sleepers (P) Ltd. Narayanpet Road Andhra Pradesh SRECO Engineers Pvt. Ltd. Shankarapalli Andhra Pradesh The Concrete Products & Const. Co. Kondapalli Andhra Pradesh V.S. Engineering Pvt. Ltd. Nallapadu Andhra Pradesh Raghvendra Rail lines Pvt. Ltd. Kondapuram Andhra Pradesh CSP Yellakaru Andhra Pradesh

13.SOUTH EASTERN RAILWAY

75675

Daya Concretes Ltd. Dalbhumgarh Jharkhand DEW Conc. Ties Limited Dalbhumgarh Jharkhand ISCO Track Sleeper Pvt. Ltd. Anara West Bengal Nilgiri Sleepers Ltd. Balasore Orissa OCP India Pvt. Ltd. Jharsuguda Orissa Prestressed Udyog (India) Pvt. Ltd. Chandil Jharkhand

14.SOUTH EAST CENTRAL RAILWAY

26698

Orissa Concrete & Allied Industries Kapa Chhatisgarh Orissa Concrete & Allied Industries Bhanpuri Chhatisgarh Rayalseema Concrete Sleepers (P) Ltd. Kargi Road Chhatisgarh Univabs Sleepers Pvt. Ltd. Dongargarh Chhatisgarh

15.WESTERN RAILWAY

23249

Manibhai Bros (Sleepers) Kharsalia Gujarat S. Subrahmanyan & Co. Kharsalia Gujarat Tankrete India Ltd. Udvada Gujarat Usha Prestressed Sleeper Udyog(Piplod) Godhra Gujarat Vaman Prestressing Co. Ltd. Digsar Gujarat

49361

Page 39 of 41

16.WEST CENTRAL RAILWAY

Marathwada Prestress Pvt. Ltd. Bankhedi Madhya Pradesh

Shree Kesharia Concrete Products (P) Ltd.

Bareth Madhya Pradesh

Donypolo Udyog Pvt. Ltd. Shamgarh Madhya Pradesh

Total Approx. requirement of all Concrete Sleeper Plants.

45771

8,00,000 MT Note: List of CSPs is only indicative and not exhaustive. Some other CSPs of pilot project may also be added during currency of contract.

Page 40 of 41

ANNEXURE-VII TENDER No.CS-164/2010

INFORMATION TO BE FURNISHED BY THE NEW MANUFACTURERS.

(TO BE FILLED IN COMPULSORILY & NO COLUMNS TO BE LEFT BLANK) S.n Item Information 1. Name of the firm :

2. Location of the existing work :

3. Proposed location of new works Intended to

be set up.

:

4.1 Postal address of the Tenderer :

4.2 Telephone Nos. (o) : 4.3 Telephone Nos.(works) : 4.4 Telex / Fax nos

:

5. Nearest goods booking station

:

6. Monthly production capacity

:

7. Financial status:- Documents including Banker’s Certificate regarding the sound financial conditions

:

8. Technical know-how Expertise available: (list of experts with their BIO-DATA).

:

9. Infrastructure available presently :

10. Past experience with details of agreements nature and quantum of work done and certificates of the satisfactory performance. (Attach separate sheet, if required).

:

11. Last three year’s turnover (Attach statement duly signed by the tenderer and certified by the Chartered Accountant). :

:

11.1 2007-08 : 11.2 2008-09 : 11.3 2009-10 : 12. Write up on how the firm proposed to set up

the manufacturing facilities for this item.

:

13. Industrial classification of the firm. Particulars of registration, if any, with state Govt. or with the Development wing of the DG&SD, or the Ministry of Commerce & Industry etc. giving Registered/Licensed or Assessed capacity. If any (Attach true copy of the certificate duly Attested).

:

Signature of Tenderer

(SEAL) Enclosures: (To be specified by tenderer)

Page 41 of 41

ANNEXURE-VIII

TENDER No.CS-163/2009

STATEMENT OF DEVIATIONS FROM

TENDER SPECIFICATIONS

Item No. Description Particulars of Deviations

Signature and seal of Manufacturer/Tenderer