OFFICE OF THE RAILWAY RECRUITMENT BOARD BILASPUR

1

Secretary,

For Chairman, RRB/Bilaspur For and on Behalf of President of India

Signature of Tender(s) /Contractor (s)

Government of IndiaGovernment of IndiaGovernment of IndiaGovernment of India Ministry of RailwayMinistry of RailwayMinistry of RailwayMinistry of Railwayssss

Railway Recruitment Board, Bilaspur

OFFICE OF THE

RAILWAY RECRUITMENT BOARD

BILASPUR

TENDER DOCUMENT FOR TENDER

No. RRB/BSP-58/2010 dated 12.07.2010

PRICE Rs: 2000/- Book No.____ (Rupees Two Thousand Only)

Round the clock Security arrangement at North West Institute

(ground floor), near SECRSA Stadium, Railway Station Road,

Bilaspur including its circulating area and material/documents

etc of Railway Recruitment Board, Bilaspur /Railway

Administration stacked/ kept/available there.

Total Security Guard required for the above work Total Security Guard required for the above work Total Security Guard required for the above work Total Security Guard required for the above work –––– 08 08 08 08

(Unskilled secur(Unskilled secur(Unskilled secur(Unskilled security guard 06 & skilled supervisors ity guard 06 & skilled supervisors ity guard 06 & skilled supervisors ity guard 06 & skilled supervisors –––– 02). 02). 02). 02).

2

Secretary,



RAILWAY RECRUITMENT BOARD, BILASPUR RAILWAY RECRUITMENT BOARD, BILASPUR RAILWAY RECRUITMENT BOARD, BILASPUR RAILWAY RECRUITMENT BOARD, BILASPUR

INDEX

Tender Notice No. RRB/BSP-58/2010 Dated: 12/07/2010 This set of tender schedules contains the following documents: -

Pages S. No. Description

From To

1 Cover Page 1 1

2 Index 2 2

3 Tender Notice 3 3

4 Condition, Eligibility Criteria & Detailed Information 4 10

5 Tender Form Issuing Details 11 11

6 Standard General Condition of Contract, Earnest Money & Security Deposit, Payment Terms and Conditions Penalty clause, Termination of Contract & Arbitration ......

12 36

7 Tender Schedule, Scope of Work, 37 37

8 Tender Form 38 38

9 Instruction to tenderer (s)/contractor (s) 39 41

10 Schedule & Rate Sheet 42 42

11 Details of Earnest Money 43 43

12 Agreement form 44 44

13 Instruction for Downloading of Tender documents from Internet & its Submission

45 45

14 Declaration 46 46

15 Bank Details form 47 47

3

Secretary,



RAILWAY RECRUITMENT BOARD, BILASPURRAILWAY RECRUITMENT BOARD, BILASPURRAILWAY RECRUITMENT BOARD, BILASPURRAILWAY RECRUITMENT BOARD, BILASPUR

TENDER NOTICE

OFFICE OF THE

RAILWAY RECRUITMENT BOARD/ BILASPUR

OPEN TENDER NOTICE NO. RRB/BSP-58/2010 DATED: 12.07.2010 On behalf of the President of India, Chairman, Railway Recruitment Board, Bilaspur (in short

RRB/BSP) invites open tenders in sealed envelop on prescribed forms from the registered private

security agencies fulfilling the eligibility criteria for the work as detailed below.

1 Description of the work Round the clock Security arrangement at North West

Institute (ground floor), near SECRSA Stadium, Railway

Station Road, Bilaspur including its circulating area and

material/documents etc of Railway Recruitment Board,

Bilaspur /Railway Administration stacked/ kept/available

there.

Total Security Guard required for the above work – 08

(Unskilled security guards 06 & skilled supervisors – 02).

2 Approximate Tender value

(in Rs.)

Rs.944256/- (Rupees nine lakhs forty four thousand two

hundred fifty six only)

3 Currency of contractual period 2 (Two) years

4 Cost of tender form (in Rs.) 2000.00 (Rupees Two thousand only)

5 Address of the office where the

tender form can be purchased

Office of the

Railway Recruitment Board/ Bilaspur,

beside General Manager’s office, SECR head quarter

complex, Bilaspur (CG)- 495 004. Tender form can also be downloaded from our web-site

www.rrbbilaspur.gov.in

6 Earnest money (in Rs.) 18890.00 (Rupees Eighteen thousand eight hundred ninety

only)

7 Date of issue of tender form and

time of sale of tender form

From 16.07.2010 to 17.08.2010 between 10.30 hrs. & 17.00

and on 17.08.2010 (between 10.30 & 13.00 hrs) on office

working days.

8 Date and time of submission of

tender and opening of tender

The tenderes can drop their tender form in the tender Box

from 10.30 hours of 16.07.2010 up to 15.00 hrs. of

17.08.2010 in the office of the RRB/Bilaspur. This will be

opened at 15.30 hrs on 17.08.2010.

9 Web site particulars and notice

board location where complete

details of tender can be seen.

For other details please visit our web-site

www.rrbbilaspur.gov.in. Tender notice can also be seen from

the notice board of Railway Recruitment Board/ Bilaspur’s

office.

For Chairman, Railway Recruitment Board, Bilaspur

4

Secretary,



CONDITION, CONDITION, CONDITION, CONDITION, ELIGIBILITY CRITERIA AND DETAILED INFORMATIONELIGIBILITY CRITERIA AND DETAILED INFORMATIONELIGIBILITY CRITERIA AND DETAILED INFORMATIONELIGIBILITY CRITERIA AND DETAILED INFORMATION

CONDITION & ELIGIBILITY CRITERIA

A) Minimum Eligibility Criteria for Hiring of Private Security Agency for Guarding of North West

Institute (ground floor), near SECRSA Stadium, Railway Station Road, Bilaspur (herein after

mentioned as North West Institute) including its circulating area and material/documents etc of

Railway Recruitment Board, Bilaspur (in short RRB)/Railway Administration stacked/

kept/available there. 1. Only Private Security Agencies which are registered with Central or State Government

should apply for this contract.

2. The Private Security Agency should fulfill all the mandatory provisions as laid down in the

Private Security Agencies Regulation Act, 2005. The Agency should have a valid License

under section 4 of the Private Security Agencies Regulation Act, 2005, to undertake work in

the district in which the Railway Establishment to be secured is located.

3 The Agency should deploy preferably ex-servicemen below the age of 55 years.

4 The Agency should deploy Security Guards who are at least Matriculate and well conversant,

and can read and write in Hindi and English Languages. The Minimum Height of the Guards

shall not be less than 170 cms.

5 The Agency should preferably possess valid ISO-9001 Certification or a Quality Certification

from an Accredited Agency or be registered with the Directorate General of Resettlement,

Ministry of Defense, Government of India .

6 The Agency should comply with the provisions in the Contract Labour Regulation &

Abolition Act, 1970.

7 The Agency should comply with the provisions in the Minimum Wages Act, 1948. The

remuneration of the Security Personnel (Wages + Variable Dearness Allowance) should be as

per the latest rates fixed by the Ministry of Labour & Employment, Government of India.

8 The Agency should comply with the provisions in the Employees State Insurance Act, 1948.

9 The Agency should comply with the provisions in the Provident Fund Act, 1989. The Agency

should give proof that during the previous year they had operated EPF accounts of employees

that were at least twice the number of employees proposed to be engaged by the

Railways/RRB.

10 The Agency should comply with the provisions in the Employment of Children Act, 1989. 11 The Agency should comply with the Following Acts:- (i) Untouchability Act,1955, (ii)

Industrial Disputes Act, 1947(14 of 1947), (iii) Payment of Bonus Act, 1965 (21 of 1965),

(iv) Payment of Gratuity Act, 1972 (39 of 1972) (v) Equal Remuneration Act, 1976 (25 of

1976), (vi) Inter-State Migrant Workmen (Regulation of Employment and Conditions of

Service) Act, 1979.

12 The Agency should comply with the provisions in Other Labour Laws of Centre and State, as

amended from time to time.

13 The Agency should mandatorily produce the following along with the Tender Form at the

time of submission-

a) Registration No. and details of the Firm under the Companies Act,

b) PAN Number and details of latest IT Returns for last financial year with audited balance

sheet duly certified by a Chartered Accountant.

c) Details of Service Tax Registration. d) Details of EPF Registration along with allotted code. The Agency should note that 25% of

the bill amount payable to the Security Agency shall be withheld and paid only when it

furnishes evidence that EPF obligations have been discharged.

e) Details of ESIC Registration.

f) The Agency should also submit along with the Tender Form a copy of a valid Workmen

Compensation Policy.

g) The Agency should have previous experience of having worked in Government, Semi

Government and Public Sector Undertakings for at least a period of 3 years and Certificates

to this effect should be attached with the Tender Form.

List of work completed during last three financial years giving the description of works,

organization for whom executed and final value of the work with work completion certificate

should be attached with Tender documents.

5

Secretary,



h) Sample Photograph of security personnel of the firm in uniform of the Security Agency may

be submitted at the time of applying for Tender.

14 The Agency should ensure that the Security Personnel provided by it are physically fit, free

from any physical disabilities and disease, and are smart, agile and active. The Agency should have a proper system of recruitment, character and antecedent verification of their

staff, a distinct uniform and proper photo identity cards. The Agency shall submit Police

verification certificate about good character and non involvement of its security personnel in

any criminal case.

15 The Agency should have sufficient number of security personnel trained in weapons and

possessing weapons and ammunition with valid Arms License. If required by the

Railways/RRB, the Agency should be in position to deploy Armed Security Personnel

without any hitch.

16 Private security guards to be deployed shall be imparted a week long orientation course by

RPF before they are deployed on Railway/RRB Security duty. The Guards shall not be

treated as having performed duty for Railways/RRB during the period of training. The

expenditure on remuneration etc. of these guards during the period of training will have to be

borne by the concerned Private Security Agency.

B. RESPONSIBILITY IN CASE OF THEFT/PILFERAGE 1. In case of theft/pilferage the cost of the same will be recovered from the Agency, if it is

established that the given responsibilities has not been discharged satisfactorily by the

agency/firm/tenderer/ contractor. In case of any dispute with regards to responsibility, the

decision of Chairman, Railway Recruitment Board, Bilaspur will be final.

C. PERIOD OF AGREEMENT 1. The agreement will be valid from the date of starting the work for a period of 2 (Two) years.

The Railway Administration/RRB reserves the right of termination of the contract with 1

(one) month notice. This will also apply if it is established that the agency has not been able

to follow Central/state Govt. laws or has breached any contract agreement. The Railway

Administration/RRB also reserves the right to terminate the agreement by giving one-month notice in case Railway Administration/RRB desires to have alternative security arrangement.

2. The Agency shall employ only such staff who are of good character physically fit, well behaved

and trained in their duties and also will undertake to discharge duties as entrusted to them by the

Railway Administration/RRB. Such employees who are found to be creating nuisance and not up

to the required standard should never be detailed by the Security Agency. It should be ensured

that the employees employed by the Agency are having proven antecedents and no police case is

pending against such people. The agency/firm/ tenderer/contractor shall be solely responsible for

all acts of commission/omission of its employees.

D. UNIFORM 1. The Dress Code should consist of Beret/Peak Cap, Shirt with Shoulder Flaps also having

Double Brest Pockets with Flap, Trousers with Wide Belt Loops and Cross Pockets. The

uniform should also include Line Yard with Whistle, Bilingual Name Plate, Identity Card,

Metallic Shoulder Title, Metallic Cap Badge etc. The uniform should also include Black

Leather Shoes and Socks. The belt should be of Broad Maneckshaw Uniform Pattern with

Metallic Buckle. The Color of the Pant, Shirt and Cap of the Uniform Should Not be Khaki

or Olive Green or in Camouflage Pattern. It should preferable be Gray/Blue/Brown or Black.

All these items will be provided and recouped by the agency at their own cost.

2. The agency/firm/tenderer/contractor shall ensure that all the staff on duty shall be always

respectful to the Railway Management/Supervisory Staff of Railway/RRB. They shall be

courteous to all Railway Staff members and Visitors and politely seek information if any. All

Guards should be at least 10th class pass. In no case a guard should be found in untidy,

unshaven, drunken or sleeping conditions. During night duty every guard should have torch,

whistle and baton always in hand and should whistle all around regularly. Uniform, socks etc.

should be washed and ironed daily and leather shoes should be polished daily.

E. ATTENDANCE REGISTER 1. Attendance of the guards will be done daily at North West Institute or at RRB’s office

Bilaspur.

6

Secretary,



2. The agency/firm/tenderer/contractor will be required to maintain Attendance Register to

guarantee that number of persons, as required, are actually being employed. Such books

after necessary checking will be counter signed by the Railway Authorities. The security

guard/supervisor should sign the attendance register at the time of reporting for duty. 3. Shift Timing should be as follows:-

1st Shift - 06.00 to 14.00 Hrs.

2nd

Shift - 14.00 to 22.00 Hrs.

3rd

Shift - 22.00 to 06.00 Hrs.

4 The security personnel will report to the Secretary/Office Superintendent, Railway

Recruitment Board, Bilaspur at his Office every day at least 30 minutes before their duty

time for briefing. After performing their duly, they will once again report back to the above

railway officer/Official for debriefing.

5 The Security Agency will supply in advance a list of personnel who are likely to be deputed

in the Railways/RRB (with names and address).

6 The agency shall provide security personnel for the prescribed period in a month. No extra

payment shall be made for working on Sundays and National /General Holidays.

F. DUTIES 1. The Security Agency will be totally responsible for the Security and Guarding of ground

floor of North West Institute including its circulating area and material/documents etc of

RRB/Railway Administration stacked/kept/available there. They shall work under the

overall command, control and supervision of Chairman, RRB and his nominated Officials in

this regard; and it will binding on them to obey the orders of Chairman, RRB or his

nominated Officials.

3. The personnel deployed by security agency have to be well behaved, courteous with the

passengers, railway employees and general public.

4. To prepare and issue Gate Passes for Visitors and to collect such passes at the time of exit

and to maintain record for the same, if and when directed to do so.

5. To regulate Traffic and ensure proper and systematic Parking.

6. To protect the Railway/RRBs Property and Premises against all outside and inside forces

including malicious acts of any person.

7. To keep the premises free from all Unauthorized Persons and Undesirable Elements.

8. To provide assistance to the Railway Administration/RRB as and when called for.

9. Patrolling in area of Responsibility and to check all the locks and seals while on patrol.

10. In the event of any theft, pilferage, fire, disobedience, indiscipline, unauthorized/anti-

institutional activities and all other criminal activities in Railway premises security

personnel shall report the same to the RPF Post concerned.

11. To form queues at North West Institute or at any other places decided by Railway

administration/ RRB.

12. Proper entries are to be made while taking over and handing over of documents/any

material/sealed position/keys etc. to the incoming security guard reporting for duty of staff of Railway/RRB.

13. The Agency will also be required to guard the Cycles/Scooters/Vehicles of Railways and

Railway staff kept at the Railway Premises as assigned in the contract.

14 To be able to provide intelligence services on regular basis in important event/development

concerning railway/RRBs interest.

15 Be solely responsible for the maintenance of discipline of the personnel so deployed by it

from time to time.

16 The Agency will be required to check entry/exit of the employees/visitors as well as

Vehicles entering/leaving office complex/North West Institute and maintain the records in

this regard.

17. The Agency shall ensure that no unauthorized person enters the office accommodation &

premises of the North West Institute and creates nuisance and disturbances.

18. The Agency shall apprehend offender and culprits and hand them over to RPF/Local police

authorities.

7

Secretary,



19. As and when required, the Agency shall lodge complaints/FIR with the police authorities on

behalf of Railway management, and shall keep close liaison with local police authorities for

follow-up action.

20

The Railway Administration/RRB reserves the right to deploy the Security personnel of the Agency at places/locations other than the North West Institute for security duties and to

assist the Railway/RPF personnel.

21 The Agency shall submit necessary report to Railway establishment regarding all unusual

occurrences including untoward incidents involving Office Complex and Building as

mentioned above.

22. The Agency will help the Railway Administration/RRB in ensuring punctuality by

controlling the timing for opening and closing of gates of office accommodation & Building

of the above places as per directives given by the administration.

23. The Agency shall maintain a Centralized Cell for the purpose of co-ordination.

24. The Agency shall carryout any other order or task allotted by management in the interest of

security/watch & ward duties of Railway premises within the staff strength.

25. Within their existing manpower, the Agency will be required to discharge if the situation so

arises, fire fighting responsibilities at North West Institute including its circulating area when required, by trained personnel round the clock. They will also be required to operate

fire extinguishers in case of fire.

26. They have to verify the ground floor of North West Institute, doors/widows/rooms after

06.00 PM or after completion of the work of Railway/RRB Staff to ensure as to whether all

the doors/widows/rooms of the building are closed/locked properly.

G. No Office or Residential accommodation will be provided by Railway Administration/ RRB, for

any of the employees of the Agency.

H. The Agency will have to provide a system by which

1. their Senior-Most/Responsible Official at Field Level can be contacted at Any Time of Day

or Night in Emergency.

2. The Agency will be solely liable for any accident/injuries caused to their personnel or to

their parties arising out of and in the course of employment and that the Agency shall

comply with the procedures such as reporting to appropriate authorities, treatment of the

injured and meeting the expenses incidental thereto, payment of compensation etc.

I. PENALTY 1. A Penalty of Rs. 500.00 (Rupees Five hundred only) per head per day will be imposed for

any place/location found unmanned. For not wearing complete uniform during duty hours, a

fine of Rs.100.00 (Rupees One hundred only) will be imposed. For other

defaults/delinquencies, the Railway/RRB reserves the right to impose fine as penalty, as

deemed appropriate. Fine can be imposed by Secretary, RRB or an officer above his rank.

The same will be deducted from the final bills. Any appeal against fine will be decided by

Chairman, RRB, whose decision will be final.

J. RATES 1. Tenderer/Contractor are advised to quote their rates inclusive of all taxes payable such as

service tax etc. In case taxes go upwards or new taxes have to be paid, all have to be paid by

the contractor and nothing extra from initial accepted rates will be paid to Contractor.

2. Acceptance of a particular offer is within the power of Railway and no explanations or

correspondences will be entertained.

3. Tenderer/Contractor should especially go through all the clauses of terms and conditions very carefully.

4. Rates should be in words and figures. In case of any discrepancy in the quoted rates in

words and figures the rates quoted in words shall be taken for consideration.

8

Secretary,



K. OTHER TERMS AND CONDITIONS INCORPORATED IN THE SECURITY

OUTSOURCING CONTRACT.

1. The Agency shall be solely responsible for the maintenance of discipline of the personnel so

deployed by it from time to time.

2. The Agency shall be responsible for the payments of all salaries/wages and other allowances

payable for their own personnel and in doing so shall comply with the required statutory

rules/regulations, payment of minimum wages etc. as prescribed by Government from time to

time.

3. The agency shall agree and undertake to comply with all statutory provisions of the Central, State

Government and Local Bodies such as ESI, EPF etc. and shall be solely responsible for any no-

compliance of the same wherever such rules are made applicable to them.

4. The agency shall be solely liable for an accident/injuries caused to their personnel or to their parties arising out of and in the course of employment and that the agency shall comply with the

procedures such as reporting to appropriate authorities, treatment of the injured and meeting the

expenses incidental thereto, payment of compensation etc.

5. In the event of any theft, pilferage, loss, damage or injury, if any to the properties of the Railway

or to their employees due to negligence or omission of duty committed by any of the personnel of

the agency, the agency shall be held liable for all the loss/damage and in such event the agency will reimburse to railways the value of such loss/damage. Whether any such loss attributed to the

negligence or any such act on the part of security agency’s security personnel or not will be

decided by the Chairman/RRB after a joint enquiry is conducted by the representatives of

Chairman/RRB and the Agency. In case of any dispute in this regard, the same will be referred to

Chairman/RRB whose decision shall be final.

6. The Agency shall arrange to conduct surprise check and generally supervise the performance and

turn out of the personnel posted at the railway site.

7. Security personnel shall not engage themselves, directly or indirectly, in any commercial activities

or employment over and above their employment with the security agency.

8. All the Security personnel deployed shall keep smart, active shaven and impressive appearance

and shall put on the uniform in neat and tidy condition.

9. The successful security agency shall only execute the contract work awarded and sub-contracting

of work is not permitted.

10. The prices mentioned in the contract order shall not be subjected to escalation or increase on any

account whatsoever. No escalation/overrun compensation shall be paid.

11. The security agency shall also be responsible for the various taxes/levies of the state Govt./Central

Govt. and other Local and Statutory bodies.

12. The security agency shall not deploy/engage any worker, who has not completed the age of 18

years on the date of his deployment/engagement.

13. Security agency before deploying any persons for working shall issue an identity card with photo

to every worker/employee duly countersigned by the authorized officer or the in-charge.

14. The security agency shall cover each of his workmen under the Provident Fund & Miscellaneous

Provisions Act from the very first day of his employment with him.

15. The Security Agency shall Pay to each of his workmen the wages at the rate prescribed under the

contract or as per Minimum Wages Act or whichever is higher.

16. The Security Agency shall ensure that the security guards provided should have minimum

working knowledge of English and Hindi and should be able write Beat Books, Charge Books etc.

17. Ensure that the security guards shall not take part or associate themselves directly or indirectly

with any of the association, councils, forums, bodies of the Railways/RRB consisting of staff or

labour of the Railways/RRB.

18. The Agency should be able to provide in any emergency needs of the Railway/RRB, extra personnel at short notice. Such extra provisions shall be termed as Spill Over.

19. The Security Agency shall ensure that the security guards indulging in undesirable acts shall be

changed by the contractor forthwith on receipt of advise from the Railway/RRB. The decision of

the Railway/RRB as to what is an ‘undesirable act’ will not be open to question.

20. The security personnel shall be deployed for a maximum of 8 hours duty at a time.

21. The security agency shall provide shall substitute guards immediately in case of absence of any guards.

9

Secretary,



22. Security personnel so deployed shall have adequate training in fire fighting.

23. (1) If any amenity required to be provided under section 16 (Canteens), section 17 (Rest rooms),

section 18 (other facilities) or section 19 (first aid facilities) for the benefit of the contract labour

employed in an establishment is not provided by the contractor within the time prescribed thereof, such amenity shall be provided the principal employer within such time as may be prescribed. (2)

All expenses incurred by the principal employer in providing the amenity may be recovered by the

principal employer from the contractor either by deduction from any amount payable to the

contractor under any contract or as a debt payable by the contractor.

24. The security agency shall provide required stationary such as uniform, Torch light, whistle beat

books and registers where in they will note the details of the assets he has taken charge.

25. The Railway/RRB official will conduct checking from time to time with respect to discharge of

duty and delinquency if any by the security personnel.

26. Private Security Agency shall obtain and hold the license issued under Private Security Agencies

(Regulation) Act. 2005. Wherever State Government has not designated the Controlling Authority

the agency should make an application for such license within the stipulated period, whenever the

State Govt. designates the Controlling Authority by notification.

27. The Railway/RRB reserves the Right to Terminate the Contract at any time without assigning any reason thereof.

28. The S.E.Railway General Conditions of Contract and Standard Speciation 2001 (GCC) Vol. 2 with

up to date correction slip are applicable and binding on this contract.

29. The rates quoted by the tenderer/contractor shall be inclusive of all charges and taxes leiviable.

30. The contractor should furnish a license from Asstt. Labour Commissioner’s Office.

31. The contractor shall indemnity the Railway administration/RRB against any liabilities arising out

of non compliance of any of statutory provisions required to be complied with for execution of the

subject work.

32. The Agency to which the security contract will be awarded will submit an identification and

verification of Watch and Ward personnel done by the Police to the Chairman/RRB.

33. Railway Administration/RRB will no way be responsible for providing any employment to the

security guards/supervisors etc engaged/appointed by the agency for the subject work.

DETAILED INSTRUCTIONS

1. Sale of Tender forms: The intending tenderer(s) are requested to collect the detailed

tender documents in person or through their authorized representative from the office of

RRB, Bilaspur beside General Manager’s Office, SECR Headquarter Complex, Bilaspur

(C.G.) – 495 004, on any working day by producing a deposit/money receipt of Rs.2,000/-

(Rupees two thousand only) (non-refundable) per set towards the cost of tender documents.

The cost of tender documents may please be deposited with Division Cashier, SECR, Bilaspur chargeable under revenue allocation No. Z-652-99.

2. Receipt of Tender forms: The completed and sealed tender form should be dropped in the

tender Box from 10.30 hours of 16.07.2010 to up to 15.00 hrs on due date of opening (i.e. 17.08.2010 in the office of the RRB/Bilaspur. Delay in submission of Tender form beyond

schedule time is not acceptable and late receipt of tender will not be considered. The cost of tender form is not refundable in any circumstance.

3. Location of Tender Box: The tender box will be kept ready from 10.30 hours on

16.07.2010 in the office of RRB, beside General Manager’s office, SECR head quarter

complex, Bilaspur (CG)- 495 004.

4. Tender opening: The tender box will be closed and sealed at 15.00 hrs on due date of

opening (i.e. 17.08.2010) and same will be opened at 15.30 hrs on same day by the

nominated tender opening authorities in presence of the willing tenderers.

10

Secretary,



5. The tender forms shall be accompanied with earnest money deposit (EMD), as mentioned

in tender Notice, either in the form of demand draft/Money Receipt, drawn in favour of

FA&CAO/ SECR/ Bilaspur or in cash deposited through Divisional Chief Cashier, SECR/

Bilaspur/Raipur/Nagpur under Allocation No. 00084504. The tender form without valid

EMD shall be summarily rejected.

6. The tender forms are not transferable.

7. The validity of offered rates will be of 6 (six) months from the date of tender opening.

8. The period of the contract will be 2 (Two) years.

9. The rates offered by the tenderers should be quoted as a single percentage only (above/ below) clearly in words and figures on the rate sheet. In case of any discrepancies, rate

quoted in words will be treated as final. Offer in which % above/below not mentioned, %

below will be considered. No. extra rates will be paid towards Service tax, levies, fees, and

all other charges which are necessary for the continuance of the service under the contract.

10. The accepted rates after finalization of the tender on the subject will be valid for entire currency of

contractual period i.e. 24 months from the date of execution.

11. Each and every page of tender documents should be signed by the tenderers positively, as tenderers

shall be constrained to follow and abide all terms and conditions as laid down in the tender

documents for execution of the work.

12. The tender form should be accompanied with the following clear documents in sealed cover by

addressing to Chairman/Railway Recruitment Board/ Bilaspur.

13. The Railway reserves the rights to order/ cancel / amend or modify a part or complete tender

without assigning any reasons.

14. The above Tender Notice and tender documents will also be available on the web site of

Recruitment Board, Bilaspur www.rrbbilaspur.gov.in during the tender selling period and the same

can be down loaded and used as tender documents for submitting the offer. However, a demand

draft in favour of FA & CAO, SECR/BSP, towards the cost of tender documents as mentioned

above against the work shall have to be enclosed separately in addition to earnest money while

submitting the tender, otherwise the tender will be summarily rejected.

15. Railway Administration shall not be responsible for any delay/ difficulties, in accessibility in the down loading facility for any reasons whatsoever. In case of any discrepancy between the tender

documents down loaded from the Internet and the master copy available in the office the latter shall

prevail and will be binding on the tenderer(s). No claim on this account shall be entertained.

16. The tender will follow the special condition of contract and additional special condition of contract

as specified in tender document.

17. In case the date of tender opening is declared holiday, the tender will be opened on the next

working day the same time.

18. The Railway reserves the right to terminate the contract at any time without assigning any reasons

thereof by giving 1 (one) month notice in advance. The contractor shall not be entitled for any

compensation in case of such termination.

11

Secretary,



GOVERNMENT OF INDIA GOVERNMENT OF INDIA GOVERNMENT OF INDIA GOVERNMENT OF INDIA (Ministry of Railways)

RAILWAY RECRUITMENT BOARRAILWAY RECRUITMENT BOARRAILWAY RECRUITMENT BOARRAILWAY RECRUITMENT BOARD, BILASPUR D, BILASPUR D, BILASPUR D, BILASPUR

Tender Form Issuing Details Tender Form Issuing Details Tender Form Issuing Details Tender Form Issuing Details

TENDER FORMTENDER FORMTENDER FORMTENDER FORM No.No.No.No. : : : : RRB/BSP-58/10 /__

Name of the WorkName of the WorkName of the WorkName of the Work:::: Round the clock Security arrangement at North West Institute

(ground floor), near SECRSA Stadium, Railway Station Road,

Bilaspur including its circulating area and material/documents etc of

Railway Recruitment Board, Bilaspur /Railway Administration

stacked/ kept/available there.

ISSUED TO: - M/s

......................................................................................................................................................

ADDRESS:- .................................................................................................................................

.................................................................................................................................

PRICE OF TENDER DOCUMENT: RS. 2000/- (Rupees two thousand only).

DATE OF TENDER OPENING: 17.08.2010 at 15.30 hrs.

MONEY RECEIPT No .......................................... Date .....................................

DEPOSITED WITH:

.................................................................................................................................

ISSUED BY

12

Secretary,



STASTASTASTANDARD GENERAL CONDITIONS OF CONTRACT NDARD GENERAL CONDITIONS OF CONTRACT NDARD GENERAL CONDITIONS OF CONTRACT NDARD GENERAL CONDITIONS OF CONTRACT

FOR USE IN RRB, BILASPUR

1) Meaning of terms:

1. General: These regulations for tenders and contracts shall be read in conjunction

with the general condition of contract which are referred to herein and shall be

subject to modifications, additions or such session by special conditions of

contract and/or special specifications, if any, annexed to the tender form.

2. Singular & Plural: Words imparting the singular number shall also include the

plural and vice versa where the context requires.

3. Heading & Marginal Heading: The heading and marginal headings in these

general conditions are solely for the purpose of facilitating reference and shall not

be deemed to be part thereof or to be taken into consideration in the interpretation

of the contract.

2) Execution Co-relation and intent of contract Documents:

1. The contract documents shall be signed in triplicate by the Railway and the

Contractor. The contract documents are complementary and what is called for

any one shall be as binding as if called for by all, the intention of the document is

to include all labour and materials, equipment and transportation necessary for the proper execution of the work Material or work not covered by or properly

inferable from any heading or class of the specifications shall not be supplied by the Railways to the Contractor unless distinctly specified in the contract

documents. Material or works described in words which so applied have a well known technical or trade meaning shall be held to refer to such reorganized

standards.

2. If a work is transferred from the jurisdiction of one Railway to another Railway

or to a Project authority or vice versa while contract is in subsistence, the contract shall be binding on the Contractor and the Successor Railway/Project in the same

manner & take effect in all respects as if the contractor and the Successor

Railway/Project were parties thereto from the inception and the corresponding

officer or the competent authority in the successor Railway/Project will exercise

the same powers and enjoy the same authority as conferred to the successor

Railway/Project under the original contract agreement entered into.

3) If for administrative or other reasons the contract is transferred to the successor

Railway the contact shall not withstanding anything contained herein contrary there to be binding on the contractor and the successor Railway in the same manner and take

effect in all respects as if the Contractor and the successor Railway had been parties thereto from the date of this contract.

1. Law governing the Contract: The contract shall be governed by the law for the time being in force in the Republic of India.

2. Compliance to regulations and bye-laws:- The Contractor shall conform to the provision of any statute relating to the works and regulations and bye-laws of any

local authority and of any water and lighting companies or undertakings, with whose system the work is proposed to be connected and shall before making any

variation from the drawings or the specifications that may be necessitated by so confirming give to the competent authority notice specifying the variation

proposed to be made and the reason for making the variation and shall not carry out such variation until he has received instructions from the competent authority

in respect thereof. The Contractor shall be bound to give all notices required by

statute regulations or bye laws as aforesaid and to pay all fees and taxes payable

to any authority in respect thereof.

13

Secretary,



4) Service of Notices on Contractors: The Contractor shall furnish to the competent

authority the name, designation and address of his authorized agent and all complaints,

notices, communications and references shall be deemed to have been duly given to the

Contractor if delivered to the contractor or his authorized agent or left at or posted to

the address so given and shall be deemed to have been so given in the case of posting

on day on which they would have reached such address in the ordinary post or on the

day on which they were so delivered or left. In the case of contract by partners, any

change in the constitution of the firm shall be forthwith notified by the Contractor to the competent authority.

5) Assignment or subletting of contract: The contractor shall not assign or sublet the

contract or any part thereof or allow any person to become interested therein in any

manner what so ever without the special permission in writing of the Railway. Any

breach of this condition shall entitle the Railway to rescind the contract under clause 60

of these conditions and also render the Contractor liable for payment to the Railway in

respect of any loss or damage arising or ensuing from such cancellation. Provided

always that execution of the details of the work by petty Contractor under the direct and

persona supervision of the Contractor or his agent shall not be deemed to be sub-letting

under this clause. The permitted subletting of work by the Contractor shall not

establish any contractual relationship.

6) EMD (Earnest money Deposit)

1. a) The tender shall be required to deposit earnest money with the tender for the

due performance with the stipulation to keep the offer open till such date as

specified in the tender, under the condition of the tender. The earnest money shall be as follows:-

Value of the work (tender

value)

EMD

For works estimated to cost upto

Rs. 1 crore

2% of the estimated cost of the

work.

For works estimated to cost more

than Rs. 1 crore.

Rs. 2 Lakhs plus ½ % (half

percentage) of the excess of estimated cost of work beyond Rs.

1 Crore subject to a maximum of Rs. 1 Crore.

The earnest money shall be rounded to the nearest Rs. 10.00 this earnest money shall be applicable for all modes of tendering.

b) It shall be understood that the tender documents have been sold/issued to the tender and the tenderer is permitted to tender in consideration of stipulation on

this part, that after submitting his tender he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the

competent authority. Should the tenderer fail to observe or comply with the

said stipulation, the aforesaid amount shall be liable to be forfeited by the

Railway.

c) If his tender is accepted this earnest money mentioned in sub clause (a) above

will be retained as part security for the due and faithful fulfillment of the

contract in terms of clause 16 of General Conditions of contract. The earnest

money of other tenderers shall save as herein before provided, be returned to

them, but the Railway shall not be responsible for any loss or depreciation that

may happen thereto while in their possession, nor be liable to pay interest

thereon.

14

Secretary,



2. The earnest money should be in cash or in any of the following:-

1. Deposit receipts, pay orders, demand drafts. These forms of earnest money

could be either of the State Bank of India or of any of the nationalized banks. No confirmatory advice from the Reserve Bank of India will be

necessary.

2. Deposit receipts executed by the scheduled banks (other than the State

Bank of India and the Nationalized banks) approved by the Reserve Bank of India for this purpose. The railways will not, however accept deposit

receipt without getting in writing the concurrence of the reserve bank of India.

3. Earnest money may be accepted in the following forms:-

i) A deposit in cash. ii) Government securities at 5% below the market value.

iii) Deposit receipts or demand drafts of the Nationalized banks.

iv) A deposit in the post office savings bank.

v) National savings certificate.

vi) Twelve year National defense certificate.

vii) Ten year Defense deposits.

viii) National Deposit Bonds.

ix) Time deposit account which came into force on 16.03.1970 and

notified under ministry of finance, Notification no. F3(7)NS/70

dated 28.02.2970.

x) IRFC Bonds.

NOTE: (vi) to (viii) these certificates/bonds may be accepted at their

surrender value.

3. Security Deposit

a) The Earnest money deposited by the contractor with his tender will be

retained by the Railways as part of Security for the due and faithful fulfillment of the contract by the contractor. The balance to make up the

security deposit, the rates for which are given below, may be deposited by the contractor in cash or may be recovered by the percentage deduction

from the contractor “on account” bills. Provided also that in case of defaulting contractor the railway may retain any amount due for payment to

the contractor on the pending “on account bills” so that the amounts so retained may not exceed 10% of the total value of the contract.

b) Unless otherwise specified in the special conditions, if any, the security

deposit of recovery/mode of recovery shall be as under

i) Security Deposit for each work should be 5% of the contract value.

ii) The rate of recovery should be at the rate of 10% of the bill amount

till full security deposit is recovered.

iii) Security Deposit will be recovered only from the running bills of

the contract and no other mode of collecting SD such as SD in the

form of instruments like BG, FD etc. shall be accepted towards

security deposit.

15

Secretary,



c) Security deposit shall be returned to the contractor after fulfilling the

conditions in clause 6.1 as certified by the competent authority. The

competent authority shall normally be the authority who is competent to

sign the contract. If, this competent authority is of the rank lower than JA

grade, then a JA grade officer (concerned with the work) should issue the

certificate. The certificate, inter alia, should mention that the work has been

completed in all respects and that all the contractual obligations have been

fulfilled by the contractor and that there is no due from the contractor to Railways against the contract concerned. Before releasing the SD, an

unconditional and unequivocal no claim certificate from the contractor concerned should be obtained.

d) No interest will be payable upon the earnest money and security deposit or

amounts payable to the contractor under the contract, but Government

securities deposited in terms of sub clause 2.3.2 will be payable with

interest accrued thereon.

4. The contractor will be bound by GCC & standard specification 2001 of S.E.

Railway.

5. P.G. (Performance Guarantee)

1. The procedure for obtaining performance guarantee is as under:

2. The successful bidder should give a performance guarantee amounting to

5% of the contract value in any of the following forms:-

i) A deposit of cash.

ii) Irrevocable bank guarantee.

iii) Government securities including state loan bonds at 5 percent below

the market value.

iv) Deposit receipts, Pay Orders, Demand Drafts and guarantee Bonds.

These forms of performance guarantee could be either of the State

Bank of India or any of the Nationalized bank.

v) Guarantee Bonds executed or deposited receipts tendered by all

scheduled banks.

vi) A Deposit in the National Savings Bank. vii) A deposit in the national savings certificates.

viii) A deposit in the National Defence Certificates. ix) Twelve year National Defence Certificates.

x) Ten years Defence deposits and xi) Unit Trust Certificates at 5 percent below market value or at the face

value whichever is less.

Note: All FDR in favour of FA&CAO/SECR may be accepted.

6. The Performance guarantee should be furnished by the successful contractor after

the letter of acceptance has been issued, but before signing of the agreement. The

agreement should normally be signed within 15 days after the issue of LOA and

the performance guarantee shall also be submitted within this time limit. This

guarantee shall be initially valid up to the stipulated date of completion plus 60

days beyond that. In case the time for completion of work gets extended, the

contractor shall get the validity of performance guarantee extended to cover such

extended time for completion of work plus 60 days.

16

Secretary,



1. The performance guarantee (PG) shall be released after the physical

completion of the work based on the ‘completion certificate’ issued by the

competent authority stating that the contractor has completed the work in all

respects satisfactorily. The security deposit, however, shall be released only

after the expiry of the maintenance period and after passing the final bill

based on ‘No Claim Certificate’.

2. Wherever the contract is rescinded, the security deposit shall be forfeited and

the performance guarantee shall be encashed and the balance work shall be

got done independently without risk & cost of the failed contractor. The

failed contractor shall be debarred from participating in the tender for

executing the balance work. If the failed contractor is a JV or a partnership

firm, then every member/partner of such a firm shall be debarred from

participating in the tender for the balance work either in his/her individual

capacity or as a partner of any other JV/partnership firm.

3. The competent authority shall not make a claim under the Performance

Guarantee except for amounts to which the President of India is entitled

under the contract (not withstanding and/or without prejudice to any other

provisions in the contract agreement).

4. Failure by the contractor to extend the validity of the performance guarantee

as described herein above, in which event the competent authority may claim

the full amount of the performance guarantee.

5. Failure by the contractor to pay President of India any amount due, either as

agreed by the contractor or determined under any of the clauses/conditions of

the agreement, within 30 days of the service of notice to this effect by

competent authority.

6. The contract being determined or rescinded under provision of the GCC the

Performance Guarantee shall be forfeited in full and shall be absolutely at the

disposal of the President of India.

7. Force Majeure clause: If at any time during the continuance of this contract the

performance in whole or in part by either party of any obligations under this

contract shall be prevented or delayed by reason of any war, hostility, acts of public enemy, civil commotion , sabotage, serious loss of damage by fire,

explosures, epidemics, strikes, lockouts or acts of God (hereafter referred to ‘events’) provided, notice of the happening of any such event is given by either

party to the other within 15 days from the date of occurrence thereof, neither party shall by reason of such event, be entitled to terminate this contract nor shall

either party have any claim for damage against the other in respect of such non performance or delay in performance and work under the contract shall be

resumed as soon as practicable after such even has come to an end or seized to

exist in the decision of the competent authority as to whether the works have

been so resumed or not shall be final and conclusive, PROVIDED FURTHER

that if the performance in the whole or part of any obligation under this contract

is prevented or delayed by reason of any such event for a period exceeding 60

days, either party may at its option terminate the contract by giving notice to the

other party.

8. Extension of completion period due to modification:

17

Secretary,



1. Subject to any requirement in the contract as to completion of any portion or

portions of work before completion of the whole, the contractor shall be fully

and finally complete the whole of the works comprised with the contract

(with such modifications as may be directed under conditions of this

contract) by the date entered in the contract or extended date in the terms of

the following clauses:

i) If any modifications have been ordered which in the opinion of the competent authority have materially increased in the magnitude of the

work, then such extension of the contracted date of completion may be

granted as shall appear to the competent authority to be reasonable in

the circumstances, provided moreover that the contractor shall be

responsible for requesting such extension of the date as may be

considered necessary as soon as the cause thereof shall arise in any

case not less than one month before the expiry of the date fixed for the

completion of the works.

ii) If in the opinion of the competent authority the progress of the work

has any time being delayed by any act or neglect of Rly. Employees or

by other Contractor employed by the Railway under subclause-4 of

clause-18 of these conditions or any executing the work not forming

part of the contract but on which contractors necessarily depends or by

reason of proceeding taken or threatened by or dispute with adjoining

or to neighboring owners or public authority arising otherwise through

the contractor’s own default etc. or by the competent authority pending arbitration or consequences of the contractor not having received in

due time necessary instructions from the Rly. for which he shall have specially applied in writing or his authorized representative than upon

happening of any such event causing delay, the contractor shall immediately give notice thereof in writing to the competent authority

within 15 days of such happening but shall nevertheless make constantly his best endeavors to bring down or make good the delay

and shall do all that may be reasonably required of him to the

satisfaction of the competent authority to proceed the work. The

contractor may also indicate the period for which the work is likely to

be delayed and shall be bound to ask for necessary extension of time. The competent authority on receipt of such request from the contractor

shall consider the same and shall grant such extension of time as in his opinion is reasonable having regard to the nature and period of delay

and the type and quantum of work affected thereby. No other compensation shall be payable for works so carried forward to the

extended period of time, the same rates, terms and conditions of contract being applicable as if such extended period of time was

originally provided in the original contract itself.

iii) In the event of any failure or delay by the Railway to handover the

contractor positions of the items necessary for the execution of the

works or to give the necessary notice to commence the works or to provide the necessary drawings or instructions or any other delay

caused by the Rly. to any other cause whatsoever then such failure or delay shall in no way affect or vitiate the contract or alter the character

thereof but in any such case, the Railway may grant such extension or extensions of the completion date as may be considered reasonable.

18

Secretary,



2. Extension of completion period for delay due to contractor : The

completion period for the execution of the work or part of the works

specified in the contract documents shall be deemed to be the essence of the

contract and works must be completed not later than the date(s) as specified

in the contract. If the contractor fails to complete the work within the time as

specified in the contract for the reasons other than the reasons specified in

clause in 15 (1), the Railway may if satisfy that the works can be completed

by the contractor within reasonable short time, thereafter, allow the contractor for further extension of time as the competent authority may

decide. On such extension the Railway will be entitled without prejudice to any other right and remedy available on that behalf, to recover from the

contractor as agreed damages and not by way of penalty as sum equivalent to ½ of 1% of the contract value of the works for each week or part of the

week. For the purpose of this clause the contract value of the works shall be taken as per contract agreement included any supplementary any work

order/contract agreement issued. Provided also that the total amount of

liquidated damages under this conditions shall not exchange the under noted

percentage value or of the total value of the item or groups of items of works

for which a separate distinct completion period specified in the contract.

i) For contract value up to Rs.4 lakhs - 10% of the total value of the

contract.

ii) For contracts valued above Rs.4 lakhs 10% of the first Rs.4 lakhs and

5% of the balance. Provided further, that if the Rly is not satisfied that the work can be completed by the contractor and in the event of failure

on the part of the contractor to complete the work within further extension of time allowed as aforesaid, the Rly shall be entitled without

prejudice to any other right or remedy available in that behalf, to appropriate the contractors security deposit and rescind the contract

under clause 60 of these conditions whether or not actual damage is caused by such default.

9. Illegal Gratification

1. Any bribe, commission, gift or advantage given, promised or offered by or

on behalf of the contractor or his partner, agent or servant or any owner of any one on his behalf, to any officer or employee of the Railway, or to any

person on his behalf in relation to obtaining or execution of these or any other contract with the Railway shall, in addition to any criminal liability

which he may incur, subject the contractor to the rescission of the contract

and all other contracts the Railway and to the payment of any loss of damage

resulting from such decision and the Railway shall be entitled to deduct the

amounts so payable from any moneys due to the contractor(s) under this

contract or any other contract with the Railway.

2. The contractor shall not lend or borrow from or have or enter into any

monitory dealings or transactions either directly or indirectly with any

employee o the Railway and if he shall do so the Railway shall be entitled

forthwith to rescind the contract and all other contracts with Railway. Any

question or dispute as to the commission or any such offence or

compensation payable to the Railway under this clause shall be settled by the

General manager of the Railway in such a manner as he shall consider fit and

sufficient and his decision shall be final and conclusive. In the event of

rescission of the contract under this clause. The contractor will not be paid

any compensation what so ever except payment for the work done up to the date of rescission.

19

Secretary,



10. Execution of works

1. Contractor’s understanding : It is understood and agreed that the

contractor has, by careful examination, satisfied himself as to the careful examination, satisfied himself as to the nature and location of the work, the

confirmation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed

preliminary to and during the progress of the work, the general and local conditions, the labour conditions prevailing therein and all other matters

which can in any way affect the works under the contract.

2. Accepted programme of work: The contractor should follow the

programme as given in special condition of contract. He shall submit the

details of organization (in terms of labour and supervisors). Plant and

machinery that he intends to utilize (from time to time) for execution of the

work within stipulated date of completion the programme of work amended

as necessary by discussions with the engineer, shall be treated as the agreed

programmer of the work for the purpose of this contract and the contractor

shall endeavor to fulfill this programmer of work. The progress of work will

be watched accordingly the liquidated damages will be with reference to the

overall completion date. Nothing stated herein shall preclude the contractor

in achieving earlier completion of item or whole of the works than indicated

in the programme.

11. Complaints to competent authority Instructions

1. The competent authority shall direct the in which the several parts of the

works shall be executed and the contractor shall execute without delay all

orders given by the competent authority from time to time, but the contractor

shall not be relieved thereby from responsibility for the due performance of

the works in all respects.

2. Alteration to be authorized : No alteration in or additions to or omissions or

abandonment of any part of the works shall be deemed authorized except

under instructions from the competent authority, and the contractor shall be

responsible to obtain such instructions in each and every case in writing from

the competent authority.

3. Extra Works: Should works over and above those included in the contract

required to be executed at the site, the Contractor shall have no right to be entrusted with the execution of such works which may be carried out by

another contractor or contractors or by other means at the option of the Railway.

4. Separate contracts in connection with works: The Railway shall have the right to let other contracts in connection with the works. The contractors

shall afford other contractors reasonable opportunity for the storage of their materials and the execution of their works and shall properly connect and co-

ordinate his works with theirs. If any part of the contractors work depends for proper execution or result upon the work of another contractor(s), the

contractor shall inspect and promptly report to the competent authority any defects in such works that render it unsuitable for such proper execution and

results. The contractors failure so to inspect and report shall constitute an

acceptance of the other contractors work as fit and proper for the reception of

his work, except as to defects which may develop in the other contractor’s

work after the execution of his work.

20

Secretary,



12. Instructions of competent authority representative: Any instructions or

approval given by the competent authority representative to contractor in

connection with the works shall bind the contractor as through had been given by

the competent authority provided always as follows:

a) Failure of the competent authority representative to disapprove any work or

materials shall not prejudice the power of the competent authority thereafter to

disapprove such work or material and to order the removal or rectification thereof.

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

competent authority representative, he shall be entitled to refer the matter to

the competent authority who shall thereupon confirm or very such decision.

13. Damage to railway property or private life and property: The contractor shall

be responsible for all risk to the work and for trespass and shall make good at his

own expense all loss or damage whether to the works themselves or to any other

property of the Railway of the lives persons or property of others from

whatsoever cause in connection with the works until they are taken over by the

Railway and this although all responsible and proper precautions may have been

taken by the contractor and in case the Railway shall be called upon to make

good any costs, loss or damages, or to pay any compensation including that payable under the provision of the Workmen’s compensation Act or any

Statutory amendments thereof to any person or persons sustaining damages as aforesaid by reason of any act or any negligency or omissions on the part of the

Contractor the amount of any cost or charges including costs and charges in connection with legal proceedings with legal proceedings which the Railway

may incur in reference thereto, shall be charged to the Contractor. The Railway shall have the power and right to pay or to defend or compromise any claim of

threatened legal proceedings or in anticipation of legal proceedings being

instituted consequent on the action or default of the contractor to take such steps

as may be considered necessary or desirable to ward off or mitigate the effect of

such proceedings charging to Contractor, as aforesaid, any sum or sums of

money which may be paid and any expenses whether for reinstatement or

otherwise which may be incurred and the property of any such payment defence

or compromise, and the incurring of any such expenses shall not be called in

question by the contractor.

14. Suspension of work

1. The contractor shall on the order of the competent authority suspend the

progress of the works or any part thereof for such time or times and in such

manner as the competent authority may consider necessary and shall during

such suspension properly protect and secure the work so far as is necessary

in the opinion of the competent authority, if such suspension is

a) Provided for in the contract, or

b) Necessary for the proper execution of the works or by the reason of

weather conditions or by some default on the part of the contractor and or

c) Necessary for the safety of the work, or any part thereof.

2. The contractor shall not entitled to the extra costs, if any incurred by him

during the period of suspension of the works, but in the event of any

suspension ordered by the competent authority for reasons other than aforementioned and when each such period of suspension exceeds 14 days,

the contractor shall be entitled to such extension of time for completion of works as the competent authority may consider proper having regard to the

period or priors of such suspensions and to such compensations as the competent authority may consider reasonable in respect of salaries or wages

paid by the contractor to his employees during the period of such suspension.

21

Secretary,



3. Suspension lasting more than three months: If the progress of the works

or any part thereof is suspended on the order of the competent authority for

more than 3 months at a time, the contractor may serve a written notice on

the competent authority requiring permission within 15 days from the

receipt thereof to proceed with the works or that part thereof in regard to

which progress is suspended and if such permission is not granted within that

time, the contractor may further written notice so served may, but is not

bound to, elect to treat the suspension where it affects part only of the works as omission of such part or where it affects the whole of the works, as an

abandonment of the contract by the Railway.

15. Rates for items of works:- The rates entered in the accepted schedule of rates of the

contract are intended to provide for works duly and properly completed in accordance

with the general and special (if any) conditions of the contract and the specifications and

drawing together with such enlargement extensions diminutions reduction alterations or

additions as may be ordered in terms of clause 35 of these conditions and without

prejudice to the generality thereof and shall be deemed to include and cover

superintendence and labour supply including full freight of materials, stores, patterns,

profiles, moulds, fittings, centering, scaffolding shoring props timber machinery barracks

tackle roads pegs tools and all apparatus and plant required on the works except such

tools plant or materials as may be specified in the contract to be supplied to the

contractor by the Railway the erection maintains and removal of all temporary works ad

buildings, all watching, lighting, bailing, pumping and draining, all prevention of or

compensation for trespass all barriers and arrangements for the safety of the public or of

employee during the execution of works all sanitary and medical arrangements for labour

camps as may be prescribed by the Railway, the setting of all works and of the

constructions repaired and upkeep of all centre lines bench marks and level pegs thereon

site clearance all fees duties royalties rent and compensation to owners for surface

damage of taxes and imposition payable to local authorities in respect of land structures

and all materials supplied for the work or other duties of expenses for which the

contractor may become liable or may be put to under any provision of law for the

purpose of or in connection with the execution of the contract and all such other

incidental charges or contingencies as may have been specially provided for in the

specifications.

16. Modification to Contract to be in writing: In the event of any of the provisions

of the contract requiring to be modified after the contract documents have been

signed, the modifications shall be made in writing and signed by the Railway and

the Contractor and no work shall proceed under such modifications until this has

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

extending, reducing or supplementing the contract or any of the terms thereof

shall be deemed conditional and shall not be binding on the Railway unless and until the same is incorporated in a formal instrument and signed by the Railway

and the Contractor and till then the Railway shall have the right to repudiate such arrangements.

17. Powers of modification to contract

1. The competent authority on behalf of Railway shall be entitled by order in writing

to enlarge or extend, diminish or reduce the works or make any alterations in their

design, character position, site, quantities, dimensions or in the method of their

execution or in the combination and use of materials for the execution thereof or to

order any additional work to be done or any works not to be done and the contractor

will not be entitled to any compensation for any increase/reduction in the quantities

of work but will be paid only for the actual amount of work done and for approved

material supplied against a specific order.

22

Secretary,



2. Unless otherwise specified in the special conditions of the contract, the

accepted variation in quantity of each individual items of the correct would

be up to 25% of the quantity originally contracted, except in case of

foundation work. The contractor shall be bound to carry out the work at the

agreed rates and shall not be entitled to any claim or any compensation

whatsoever up to the limit of 25% variation in quantity of individual items

of works.

3. Valuation of variations: The enlargements, extensions, diminution,

reduction, alteration or additions referred to in sub clause (2) of these clause

shall in no degree affect he validity of the contract but shall be performed by

the Contractor as provided therein and be subject to the same conditions

stipulations and obligations as if they had been originally and expressively

included and provided for in the specifications and drawings and the

amounts to be paid therefore shall be calculated in accordance with the

accepted schedule of rates. Any extra items/quantities of work falling

outside the purview of the provisions of sub clause(2) above shall be paid for

at the rates determined under clause 32 of these conditions.

(a) It shall be open to the contractor to take specific objection to any

recorded measurements or classification or any ground within seven

days of the date of such measurements. Any re-measurement taken by

the competent authority or the competent authority representative in the

presence of contractor or in his absence after due notice has been given

to him in consequence of objection made by the contractor shall be final

and binding on the Contractor and no claim whatsoever shall there after

be entertained regarding the accuracy and classification of the

measurements.

(b) If an objection raised by the Contractor is found by the competent authority to be incorrect the Contractor shall be liable to pay the actual

expenses incurred in measurement.

18. On Account Payment

1. On Account Payment : The contractor shall be entitled to be paid from time to time by way of “On Account “payment for such works as in the opinion

of the competent authority he has executed in terms of the contract. All payments due on the competent authority or he competent authority

Representative’s Certificate of measurements shall be subject to any deductions which may be made under these present and shall further be

subject to, a retention of ten percent by way of security deposits, until the amount of security deposit by way of retained earnest money, separately

deposited security deposit and such retention shall amount to total value as

required by clause 13 of these conditions provided always that the competent

authority may by any certificate make any correction or modification in any

previous certificate which shall have been issued by him and that the

competent authority may withhold any Certificate if the work or any part

thereof are not being carried out to his satisfaction.

2. Rounding off amounts: The total amount due on each certificate shall be

rounded off to the nearest rupee i.e. sums less than 50 paisa shall be omitted

and sums of 50 paisa or more up to Re.1/- will be reckoned as Re.1/-.

23

Secretary,



3. On Account Payment not prejudicial to final settlement: “On Account”

payments made to the contractor shall be without prejudice to the final

making up of the accounts (except where measurements are specifically

noted in the Measurement Books as “Final Measurements” and as such have

been signed by the Contractor) ad shall in no respect be considered or used

as evidence of any facts stated in or to be inferred from such accounts not of

any particular quantity of work having been executed nor of the manner of

its execution being satisfactory.

4. Manner of Payment: Unless otherwise specified payments to the

Contractor will made by Cheque.

5. Late submission of bills: Bills, if preferred by the contractor after 6 months

of their becoming due must be accompanied by sufficient justification as

claim is considered as time barred. A bill preferred after three years of

becoming due will under no circumstances be entertained.

6. Delay in payment or non-payment of contractor’s bill will under no

circumstances be accepted as an excuse for contractor not carrying out the

contract satisfactorily.

19. Final payment

1. Final payment: On the competent authority certificate of completion in

respect of the works adjustment shall be made and the balance of account

based on the competent authority or the competent authority representative’s

certified measurements of the total quantity of work executed by contractor

up to the date of completion and on the accepted schedule or rates and for

extra works on rates determined under clause 32 of these conditions shall be

paid to the Contractor subject always to any deduction which may be made

under these presents and further subject to the contractor having delivered to

the competent authority either a full account in details of all claims he may

have on the Railway in respect of the works or having delivered “No Claim”

Certificate and the competent authority having after the receipt of such

account given a certificate in writing that such claims are correct, that the

whole of the works to be done under the provisions of the contracts have been completed, that they have been inspected by him since their completion

and found to be in good and substantial order, that all properties, works and things removed, disturbed or injured in consequence of the works have been

properly replaced and made good and all expenses and demands incurred by or made upon by Railway for or in respect of damage or loss or in

consequence of the works, have been satisfied agreeably and in conformity with the Contract.

2. Post Payment Audit: It is an agreed term of contract that the Railway

reserves to itself the right to carry out a post-payment audit and or technical

examination of the works and the final bill including all supporting vouchers,

abstracts, etc. and to make a claim on the contractor for the refund of any

excess amount paid to him if as a result of such examination any over-

payment to him is discovered to have been made in respect of any works

done alleged to have been done under the contract.

24

Secretary,



3. Repayment of Security Deposit: The total security deposit shall become

due and shall be paid to the Contractor after the expiration of the period of

maintenance, specified in the Tender reckoned from the date on which the

competent authority shall have passed the certificate of completion

comprising the wholly of the works to be done under the provisions of the

contract or any other earlier date subsequent to the completion of the whole

of such work that may be fixed by the Railway in this behalf, provided that

all the stipulations of the clause have been fulfilled by the Contractor and all claims and demands made against the Railway for and in respect of damage

or loss in consequence of the works have been finally satisfied, provided further that in the event of different maintenance periods having become

applicable to different parts f the works pursuant to sub-clause (1) of clause 43 of these conditions, the expression expiration of the period of maintenance

shall for the purpose of this clause, be deemed to mean the expiry of the latest of such periods.

20. Production of vouchers etc. by the Contractor

i) For a contract of more than one crore of rupees, the contractor shall,

whenever required, produce for examination by the competent authority any

quotation, invoice, cost or other account, book of accounts, voucher, receipt,

letter, memorandum, paper of writing or any copy of or extract from any such

document and also furnish information and returns verified in such manner as

may be required in any way relating to the execution of this contract (the

decision or the competent authority on the question of relevancy of any documents, information or return being final and binding in the parties). The

contractor shall similarly produce vouchers, etc., if required to prove to the competent authority, that materials supplied by him, are in accordance with

the specifications laid down in the contract.

ii) If any portion of the work in a contract of value more than one crore of

rupees be carried out by a sub-Contractor or any subsidiary or allied firm or company, the competent authority shall have power to secure the books of

such sub-contractor or any subsidiary or allied firm or company, through the Contractor, and such books shall be open to his inspection.

iii The obligations imposed by sub-clause (i) and (ii) above are without prejudice to the obligations of the Contractor under any statute rules or orders

binding on the Contractor.

25

Secretary,



21. Withholding of security and lien in respect of sums claimed: Whenever any claim

or claims for payment of a sum of money arises out of roar under the contract against

the contractor, the Railway shall be entitled to withhold the cash security deposit or it

he security, if any, 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 he

Contactor, the Railway shall be entitled to withhold and have a lien to the extent of

the such claimed amount or amounts, from any sum or sums found payable or which at any time thereafter may become payable to the Contractor under the same contract

or any other contract with this or any other Railway or any Department of the Central

Government pending finalization or adjudication of any such claim. It is agreed term

of the contract that the sum of money so withheld or retained under the lien referred

to above, by the Railway will be kept withheld or retained as such by the Railway 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 the case may be and that the account in respect of such withholding or retention under the lien

and duly notified as such to the contractor. For the purpose of this clause, where the

contractor is a partnership firm or a limited company, the Railway shall be entitled to withhold and also have 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 individual capacity or otherwise.

22. Lien in respect of claims in other contracts: Any sum of money due ad payable to

the contractor (including the security deposit returnable to him) under the contract

may be withheld or retained by way of lien by the Railway, against any claim of this or any other Railway or any other Department of the Central Government in respect

of payment of a sum of money arising out of he contract or under any other contract

made by the contractor with this or any other Department of the Central Government. It is an agreed term of the contract that the sum of money so withheld or retained

under this clause by the Railway will be kept withheld or retained as such by the

Railway till the claim arising out of this contract or under any other contract is either

mutually settled or determined by Arbitration, if the other contract is governed by

Arbitration clause or by the competent court as the case may be and contractor shall

have no claim for interest or damages whatsoever on this account or any other

ground in respect of any sum of money withheld or retained under this clause and duly notified as such to the contractor.

23. Signature on receipts for amounts: Every receipt or money which may become

payable or for any security which may become transferable to the contractors under these presents, shall, if signed in the partnership name by any one of the partners of a

contractor’s firm be a good and sufficient discharge to the Railway in respect of the

money or security purported to be acknowledged thereby and in the event of death of any of the contractor partners during the pendency of the contract it is hereby

expressly agreed that every receipt by any one of the surviving contractor partners

shall if so signed as aforesaid be good and sufficient discharge as aforesaid provided that nothing in this clause contained shall be deemed to prejudice or effect any claim

which the Railway may hereafter have against the legal representative of any

contractor partner so dying for or in respect to any breach of any of the conditions of

the contract, provided also that nothing in this clause contained shall be deemed to prejudice or effect the respective rights or obligations of the contractor partners and

of the legal representatives of any deceased contractor partners interest.

26

Secretary,



24. Wages to labour: The contractor shall be responsible to ensure compliance with

the provision of the Minimum Wages Act, 1948 (hereinafter referred to as the

“said act” and the Rules made there under in respect of any employee directly or

through petty contractors or sub contractors employed by him for the purpose of

carrying out this contract. If, in compliance with the terms of the contract, the

contractor supplies any labour to be used wholly or partly under the direct orders

or control of the Railway whether in connection with any work being executed by

the contractor or otherwise for the purpose of the Railway such labour shall, for the purpose of this clause, still be deemed to be persons employed by the

contractor. If any money shall as a result of any claim or application made under the said act be paid by the Railway, such money shall be deemed to be payable to

the Railway by the Contractor and on failure of the contractor to repay the Railway any money paid by it as aforesaid within seven days after the same has

been demanded, the Railway shall be entitled to recover the same from any money due or accruing to the contractor under this or any other contract with the

Railway.

25. Provision of payment of wages act: The contractor shall comply with the

provisions of the payment of Wages Act-1936 and the rules made hereunder in

respect of all employees directly or through petty contractor or sub-contractor

employed by him in the works. If in compliance with the terms of contract, the

contractor directly or through petty contractor or sub contractor employed by him

in the works. If in compliance with the terms of contract, the contractor directly

or through petty contractor or sub contractor shall any labour to be used wholly or

partly under the direct orders and control of the competent authority whether in

connection with the works to be executed hereunder or otherwise for the purpose

of the competent authority such labour shall never the less be deemed to

comprise persons employed by the Contractor and any money which may be

ordered to be paid by the competent authority shall be deemed shall to be

moneys payable by the competent authority on behalf of the contractor and the

competent authority may on failure of the contractor to repay such money to the Railways deduct the same from any moneys due to the contractor in terms of the

contract. The Railway shall be entitled to deduct from any moneys due to contractor (whether under this contract or any other contract) all moneys paid or

payable by the Railways by way of compensation of aforesaid or for costs of expenses in connection with any claim thereto and decision of the competent

authority upon any question arising out of the effect or force of this clause shall be final and binding upon the contractor.

26. Provision of contract labour (Regulation & Abolition) Act 1970

i) The contractor shall comply with the provision of Contract Labour

(Regulation & Abolition) Act 1970 and the contract labour (Regulation &

Abolition) Central Rules 1971 as modified from time to time, wherever

applicable and shall also indemnify the Railway from and against any claim

under the aforesaid Acts and the Rules

ii) The contractor shall obtain valid license under the aforesaid Act as modified

from time to time before the commencement of the work and continue to

have a valid license until the completion of the work. Any failure to fulfill

this requirement shall attract the panel provisions of the contract arising out

of the resultant non execution of the work.

27

Secretary,



iii 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 not withstanding the provisions of

the contract to the contrary, cause to be paid the wages to labour indirectly

engaged on the work including any engaged by his sub contractors in

connection with the said works, as if the labour had been immediately

employed by him.

iv In respect of all labour directly or indirectly employed in the work 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.

v) In every case in which by virtue of the provisions of the aforesaid Act or the

Rules, the Railway is obliged to pay any amount of wages to a workman

employed by the contractor or his sub contractor in execution of the work 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 contingency liability of the Railway due to the

contractor’s failure to fulfill his statutory obligation under the aforesaid Act

or the Rules, and the Railway will recover from the contractor the amount of

wages so paid or the amount of expenditure so incurred and without

prejudice to the right of the Railway under Section 20 sub-Section(2) and

Section-2, sub-section(4) of aforesaid Act the Railway 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 Railway to the contractor whether under the

contract or otherwise. The Railway shall not be bound to contest any claim made against each 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 Railway full security for all cost for which the

Railway might become liable in contesting such claim. The decision of the Railway regarding the amount actually recoverable from the contractor as

stated above, shall be final and binding on the contractor.

27. Reporting of Accident: The contractor shall be responsible for the safety of all

employees directly or through petty contractor or sub contractors employed by him on the works and shall report serious accidents to any of them however and

wherever occurring on the works to the competent authority or the competent

authority representative and shall make every arrangements to render all possible

Assistance.

28. Provision of Workmen Compensation Act: In every case in which by virtue

the provisions of Section 12 sub-Section(1) of the Workmen Compensation Act

1923, Railway is obliged to pay compensation to a workman directly or through

petty contractor or sub contractor employed by the contractor in executing of the

work. Railway will recover from the contractor the amount of the compensation

so paid and without prejudice to the rights of the Railway under Section 12 sub-

Section (2) of the said Act, Railway the Railway shall be at liberty to recover

such amount or part thereof by deducting it from the security deposit or from any

sum due by Railway to the contractor whether under these conditions or

otherwise. Railway shall not be bound to contest any claim made against it

under Section 12 sub-Section(2) of the said Act, except on the written request of the contractor and upon his giving to Railway full security for all costs for which

Railway might become liable in consequence of contesting such claim.

28

Secretary,



29. Quarters to contractor: No quarter shall normally be provided by the Railway

for the accommodation of the contractor or any of his staff employed on the work

in exceptional cases where accommodation is provided to the contractor at the

Railway’s discretion, recovery shall be made at such rates as may be fixed by the

Railway for the full rent of the building and equipments therein as well as

charges for electric current, water supply and conservancy.

30. Labour Camp

i) The contractor shall at his own expense make adequate arrangement for the

housing, supply of drinking water and provision of latrines and Urinals for

his staff and workmen, directly or through the petty contractors or sub-

contractor and for temporary crèche (Bal-Mandir) where 50 or more women

are employed at a time, suitable sites on Railway line, if available may be

allotted to the contractor for erection of labour camps, either free of cost or

on such terms and conditions that may be prescribed by the Railway. All camps sites shall be maintained in clean and sanitary conditions by the

contractor at his own cost.

ii) Compliance to Rules for employment of Labour: The contractor(s) shall

conform to all laws bye laws rules and regulations or the time being in force pertaining to the employment of local or imported labour and shall take

necessary all precautions to ensure and preserve the health and safety of all

staff employed directly or through petty contractor or sub contractors on the

works.

iii) Preservation of peace: The contractor shall take requisite precaution and use his best endeavors to prevent any riotous or unlawful behavior by or amongst

his workmen and other employed directly or through the petty contractor or

sub-contractor on the works and for the Preservation of peace and protection of the inhabitants and security of property in the neighborhood of the works.

In the event of Railway requiring the maintenance of a special Police Force

at or in the vicinity of the site during the tenure of work. The expenses

thereof shall be borne by the contractor and if paid by the Railway shall be

recoverable from the contractor.

iv) Sanitary Arrangements: The contractor shall obey all sanitary rules and

carry our sanitary measures that may from time to time be prescribed by the

Railway Medical Authority and permit inspection of all sanitary arrangement

at all times by the competent authority, the competent authority

representative or the Medical staff of the Railway. Should the contractor fail

to make the adequate sanitary arrangement, these will be provided by the Railway and the cost therefore recovered from the contractor.

v) Outbreak of Infections disease: The contractor shall remove from his camp

such labour and their families as refuse protective inoculation and

vaccination when called upon to do so by the competent authority or the

competent authority representative on the advice of the Railway medical

authority. Should Cholera plague or other infectious disease break out, the

contractor shall burn the huts, beddings, cloths and other belongings of or

used by the infected parties and promptly erect new huts on healthy sites

as required by the competent authority, failing which within the time

specified in the competent authority requisition, the work may be done by

the Railway and the cost therefore recovered from the contractor.

29

Secretary,



vi) Treatment of contractor’s staff in Railway Hospital: The contractor

and his staff other than labours and their families requiring medical aid

from the Railway Hospital and Dispensaries will be treated as private

patient and charged accordingly. The contractor’s labours and their

families will be granted free treatment in Railway Hospital and

Dispensaries where no other Hospital or Dispensaries are available

provided the contractor pays the cost of medicines, dressings, and diet

money according to the normal scale and additional charges for special examination, such as pathological and bacteriological examination, X-

Rays etc. and for surgical operation.

vii) Use of intoxicants: The scale of ardent sprits or other intoxicating

beverage upon the work or in any of the buildings, encampments or

tenements owned, occupied by or within the control of contractor or any

of his employees shall be forbidden and the contractor shall exercise his

influence or authority to the utmost extent to secure strict compliance with

these conditions.

31. 1) Determination of contract owing to default of contractor:

If the contractor should

i) became bankrupt or insolvent, or

ii) make an arrangement with or assignment in favour of his creditors, or

agree to carry out the contract under a committee of inspection of his

creditors, or

iii) being a company or corporation, go into liquidation (other than a

voluntary liquidation for the purpose of amalgamation) or

iv) have an execution levied on his goods or property on the works, or

v) assign the contract or any part thereof otherwise than as provided in

clause-7 of these conditions, or

vi) abandon the contract, or

vii) Persistently disregard the instructions of the competent authority or

contravene any provision of the contract, or

viii) Fail to adhere to the agreed programme of work but margin of 10% of the

stipulated period, or

ix) fail to remove materials from the site or to pull down and replace work

after receiving from the competent authority notice to the effect that the said materials or work have been condemned or rejected under clause-21

& 22 of these conditions, or

x) fail to take steps to employee competent or additional staff and labour as

required under clause 22 of these conditions, or

xi) fail to afford the competent authority or competent authority

representative proper facilities for inspecting of the works or any part thereof as required under clause 25 of the conditions, or

xii) promise offer or give any bribe, commission, gift or advantage either

himself or through his partner, agent or servant to any officer or employer of the Railway or to any person on his or on their behalf in relation to the

execution of this or any other contract with the Railway.

30

Secretary,



xiii) (A) At day time after the tender relating to the contract has been signed

and submitted by the contractor, being a partnership firm, admit as

one of its partner or employ under it or being an incorporated

Company elector nominate or allow to act as one of its Directors or

employ under it in any capacity whatsoever any retired officer

working before his retirement, where in the executive or

administrative capacity or whether holding any pensionable post or

not in the department of any of the Railways for the time being owned and administered by the president of India before the expiry

of two years from the date of retirement from the said service of such competent authority unless such competent authority of officer has

obtained permissions from the President of India or any officer duly authorized by him in this behalf to become a partner or a Director or

take employment under the contractors the case may be, or (B) Fail to give at the time of submitting the said tender:-

a) the correct information as to the date of retirement of such retired

officer from the said service or as to whether any such retired

officer or retired officer was under the employment of the

contractor at the time of submitting the said tender, or

b) the correct information as to such competent authority or officers

obtaining permission to take employment under the contractor, or

c) being a partnership firm, the correct information as to, whether any of its partners was such a retired officer, or

d) being an incorporated company correct information as to whether

any of its directors was such a retired officer or

e) Being such as retired officer suppress and not disclose at the time

of submitting the said tender the fact of his being such a retired officer or a retired officer of make at the time of submitting the

said tender a wrong statement in relation to his obtaining permission to take the contract or if the contractor be partnership

firm of an incorporated company to be a partner of director of

such firm of company as the case may be or to seek employment

under the contractor then and in any of the said cases, the

competent authority on behalf of the Railway may serve he

contractor with a notice in writing to that effect and if the

contractor does not within 7 days after he delivery to him of such

notice proceed to make good his default in so far as the same is

capable of being made good and carry on the work or comply with

such directions as aforesaid to the entire satisfaction of the

competent authority, the Railway shall be entitled after giving 48

hours notice in writing under the hand of the competent authority to rescind the contract as a whole or in part or parts (as may be

specified in such notice) ad adopt either or both of the following courses:

(x) to carry out the whole or part of the work from which the contractor has been removed by the employment of the

required labour and materials the costs of which shall include load lift freight supervision and all incidental charges.

31

Secretary,



(y) to measure up the whole or part of the work from which the

contractor has been removed and to get in completed by another contractor, the manner and method in which such work

is completed shall be in the entire discretion of the competent authority whose decision shall be final. And in both the

cases(x) & (y) mentioned above the Railway shall be entitled.

(a) to forfeit the whole or such portion of the security deposit as it

may consider fit &

(b) to recover from the contractor the cost of carrying out the

work in excess of the sum which would have been payable

according to the certificate of the competent authority to the

contractor. If the work had been carried out by the contractor

under the terms of the contract such certificate being final and

binding upon the contractor provided, however, that such

recovery shall be made only when the cost incurred in excess

exceeds the security deposit proposed to be forfeited. The amount thus to be forfeited or recovered may be deduced

from the any money then due or which at any time thereafter may become due to the contractor by the Railway under this

or any other contract or otherwise provided always that in any case in which any of the powers conferred upon the Railway

by sub-clause(1) of clause-60 hereof shall have become exercisable and the same shall not be exercised, the non-

exercised thereof shall not constitute a waiver of any of the conditions thereof and such powers not withstanding be

exercisable in the event of any future case of default by the

contractor for which liability of past & future shall remain

unaffected.

2. Right of Railway after rescission of contract owing to default of

contractor - In the event of any or several of courses referred to in sub-

clause(1) of this clause, being adopted –

a) The contractor shall have no claim to compensation for any loss

sustained by him by reason of his having purchased or procured any

material or entered into any commitment or made by advances on

account of or with a view to the execution of the works or the

performance of the contract and contractor shall not be entitled to recover

or be paid any sum of any work to for actually performed under the

contract unless and until the competent authority shall have satisfied

performance of such work and the value payable in respect thereof and

the contract shall only be entitled to be paid the value so certified.

32

Secretary,



b) The competent authority or competent authority representative shall be entitled to take possession of any materials, tools, implements,

machinery and buildings on the works or on the property on which these are being bought to have been executed and to remain and

employ the same in the further execution of the work or any part

thereof until the completion of works without the contractor being

entitled to any compensation for the use and employment thereof or

for wear and tear are destruction thereof.

c) The competent authority shall as soon as may be practicable after removal of the contractor fix and determine ex-parte or by or after

reference to the parties or after such investigation or enquiries as he may consider fit to make or institute and shall certify what amount (if

any) had at the time of rescission of the contract been reasonably

earned by or would reasonably accrue to the contractor in respect of

the work then actually done by him under the contract and what was

the value of any unused or partially used materials any constructional

plant and any temporary works upon the size.

d) The Railway shall not be liable to pay the contractor any money on

account of the contract until the expiration of the period of

maintenance and thereafter until the cost of completion and maintenance damage for delay in completion (if any) and all other

expenses incurred by the Railway have been ascertained and the amount thereof certified by the competent authority. The contractor

shall then be entitled to receive only such sum or sums( if any) as the engineer may certify could have been due to him on due completion

by him after deducting the said amount, but if such amount shall exceed the sum which would have been payable to the contractor,

than the contractor shall upon demand pay to the Railways the

amount of such excess and it shall be deemed a debt by the contractor

to the Railway and shall be recoverable accordingly.

32. SETTLEMENT OF DISPUTES:

Matters finally determined by the Railway: All disputes and differences of

any kind whatsoever arising out of or in connection with the contract, whether

during the progress of the work or its completion and whether before or after the

determination of the contract shall be referred by the contractor to the Railway

and the Railway shall within 120 days after receipt of the contractor’s

representation make and notify decision on all matters for which provision has

been made in clause 8, 14, 20 (5), 32, 38 (2), 40 (a), 53, 54 (v), 56, 59 (i), 59(ii),

and 60(1)(b) of general condition of the contract in any clause of the special

conditions of the contract shall be deemed as excepted matters shall stand

specifically excluded from the purview of the arbitration clause and not be

referred to Arbitration.

33. ARBITRATION :

1. Demand for Arbitration

33

Secretary,



i) In the event of any dispute or differences between the parties hereto

as to the construction or operation of this contract, or the respective

rights and liabilities of the parties on any matter in question, dispute

or differences on any account or as to the withholding by the

Railway of any certificate to which the contractor may claim to be

entitled to, or if the Railway fails to make a decision within 120

days, then and in such case, but except in any of the “excepted”

matter referred to in clause 63 of these conditions, the contractor after 120 days but within 180 days of his presenting his final claims

on disputed matters shall demand in writing that the dispute or differences be referred to Arbitration.

ii) The demand for arbitration shall specify the matters which are in

question or subject of the dispute or differences as also the amount

of claim item wise. Only such dispute(s) or differences(s) in

respect of which the demand has been made, together with counter

claim or set of shall be referred to arbitration and other matters shall

not be included in the reference.

(a) The arbitration proceeding shall be assumed to have

commenced from the date, a written and valid demand for

arbitration is received by the Railway.

(b) The claimant shall submit his claim stating the facts supporting

the claims along with all the relevant documents and the relief

or remedy sought against each claim within a period of 30 days

from the date of appointment of the Arbitral Tribunal.

(c) The railway shall submit its defense statement and counter

claim(s) if any, within a period of 60 days of receipt of copy of

claims from Tribunal thereafter, unless otherwise extension has

been granted by the Tribunal.

(d) The place of arbitration would be within the geographical limits of the Division of the Railway/RRB where the cause of

action arose or the Headquarters of the concerned Railway or any other place with the written consent of both the parties.

iii) No new claim shall be added during proceedings by either party,

however a party may amend or supplement the original claim or defense thereof during the course of Arbitration proceedings subject

to acceptance by Tribunal having due regard to the delay in making it.

iv) If the contractor(s) does/do not prefer his/their specific and final

claims in writing within a period of 90 days of receiving the

intimation from the Railways that the final bill is ready for payment, he/they will be deemed to have waived his/their claim(s)

and the Railway shall be discharged and released of all liabilities under the contract in respect of these claims

34

Secretary,



2. Obligation during pendency of Arbitration: Work under the contract

shall unless otherwise directed by the engineer, continue during the

Arbitration proceedings, and no payment due or payable by the Railway

shall be withheld on account of such proceedings, provided however it

shall be open for Arbitral Tribunal to consider and decide whether or not

such work should continue during Arbitration proceedings.

3. Appointment of Arbitrators:

1. i) In cases where the total value of all claims in question added together does not exceed Rs. 10 Lakhs, the Arbitral Tribunal

consists of a Sole Arbitrator who shall be either General Manager

or a Gazzeted Officer of Railway not below the grade of JA grade

nominated by the General Manager in that behalf. The Sole

Arbitrator shall be appointed within 60 days from the date when a

written and valid demand for Arbitration is received by General

Manager.

ii) In cases not covered by cause 64.3(a)(i) The Arbitral Tribunal shall

consist of a panel of three Gazzeted Railway officers not below JA grade

or 2 Railway Gazetted officers not below JA Grade and a retired Railway

officer, retired not below the rank of SAG officer, as the Arbitrators. For

this purpose, the Railway/RRB will send a panel of more than three

names of Gazzeted Railway officers of one or more departments of the

Railway which may also include the name (s) of retired Railway officer (s) empanelled to work as Railway Arbitrator to the contractor within 60

days from the day when a written and valid demand for arbitration is received by the GM. The contractor who will be asked to suggest to

General Manager up to two names out of the panel for appointment as contractor’s nominee. The General Manager shall appoint at least one out

of them as the contractor’s nominee and will also simultaneously appoint the balance number of the Arbitrators either from the panel or from

outside the panel, duly indicating the presiding Arbitrator from amongst

the three Arbitrators so appointed. GM shall complete this exercise of

appointing the Arbitral Tribunal within 30 days from the receipt of the

names of contractor’s nominees. While nominating the Arbitrators it will be necessary to ensure that one of them is from the accounts department.

An officer of Selection grade of the Accounts department shall be considered of equal status to the officers in SA grade of other departments

of the Railways for the purpose of appointment of Arbitrators.

35

Secretary,



iii) If one or more of the Arbitrators appointed as above refuses to act

as Arbitrators, withdraws from his office as Arbitrators, or vacates

his/their office/officers or is/are unable or unwilling to perform his function as Arbitrator for any reason whatsoever or dies or in the

opinion of the General Manager fails to act without undue delay

the General Manager shall appoint new Arbitrator/Arbitrators to

act in his/their place in the same manner in which the earlier Arbitrator/Arbitrators had been appointed. Such reconstituted

tribunal may, at its discretion proceed with the reference from the

stage at which it was left by the previous Arbitrator(s).

iv) The Arbitral Tribunal shall have power to call for such evidence by way of affidavits or otherwise as the Arbitral Tribunal shall

think proper, and it shall be the duty of the parties hereto to do or

cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award without any delay. The

Arbitral Tribunal should record day-to-day proceedings. The

proceedings shall normally be conducted on the basis of documents and written statements.

v) While appointing Arbitrator(s) under sub-clause (i),(ii) & (iii)

above, due care shall be taken that if that he/they is /are not the

one/those who had an opportunity to deal with matters to which

the contract relates or who in the course of his/their duties as

Railway Servant(s) expressed views on all or any of the matters

under dispute or differences. The proceeding of the Arbitral Tribunal or the award made by such Tribunal will, however, not be

invalid merely for the reason that one or more Arbitrator had, in

the course of his service, opportunity to deal with the matters to

which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute.

2. i) The Arbitral shall state item wise, the sum and reasons upon

which it is based. The analysis and reasons shall be detailed

enough so that the award could be inferred there from.

ii) A party may apply for correction of any computational errors, any

typo graphical or clerical errors or any other errors of similar nature occurring in the award and interpretation of a specific point

of award to tribunal within 60 days of receipt of the award.

iii) A party may apply to Tribunal within 60 days of receipt of award to make an additional award as to claims presented in the Arbitral

proceedings but omitted from the Arbitral award.

3. In case of the Tribunal, consisting of three members, any ruling or

award shall be made by a majority of members of tribunal. In the

absence of such a majority, the views of the presiding Arbitrator shall prevail.

4. Where the Arbitral award is for the payment of money, no interest

shall be payable on whole or any part of the money for any period till

the date on which the award is made.

36

Secretary,



5. The cost of Arbitration shall be borne by the respective parties. The

cost shall inter-alia include fee of the Arbitrator (s), as per the rates

fixed by the Railway Board from time to time and the fee shall be

borne equally by both the parties. Further, the fee payable to the

arbitrator(s) would be governed by the instructions issued on the subject by Railway Board from time to time irrespective of the fact

whether the arbitrator(s) is/are appointed by the Railway

Administration or by the court of law unless specifically directed by Hon’ble court otherwise on the matter.

6. Subject to the provisions of the aforesaid Arbitration and Conciliation

Act, 1996 and the rules there under and any statutory modification

thereof shall apply to the Arbitration proceedings under this clause.

37

Secretary,



TENDER SCHEDULE & SCOPE OF WORKTENDER SCHEDULE & SCOPE OF WORKTENDER SCHEDULE & SCOPE OF WORKTENDER SCHEDULE & SCOPE OF WORK

Name of the work: Round the clock Security arrangement at North West Institute (ground floor),

near SECRSA Stadium, Railway Station Road, Bilaspur including its circulating area and

material/documents etc of Railway Recruitment Board, Bilaspur /Railway Administration stacked/

kept/available there for 24 months (two years).

Total Security Guard required for the above work – 08

(Unskilled security guards 06 & skilled supervisors – 02).

No. Brief Description of Work

Approximate

value of works in

Rs. (Including

running cost )

Earnest

Money

Rs.

Cost of

Tender

Document

01

Providing 08 Security Guards

(06 Unskilled Security Guard &

02 Semi Skilled Supervisors) to

guard & provide round the

clock Security arrangement at

North West Institute (ground

floor), near SECRSA Stadium, Railway Station Road, Bilaspur

including its circulating area and material/documents etc of

Railway Recruitment Board,

Bilaspur /Railway

Administration stacked/

kept/available there, for a period

of 2 years from the date of

Commencement of Work.

Rs. 9,44,256/- Rs. 18890/- Rs.2000/-

Notes:Notes:Notes:Notes:---- 1. Tender with contractor's conditions are liable to be rejected. 2. Time for completion of work is 24 (Twenty four Months) from date of issue of Letter of

Acceptance, which may be extended on the same rates and terms and conditions for a further period 06 (Six Months).

3. Tenderer has to sign all the pages. 4. Quantity provided in the tenders are likely to vary by 25%.

5. The rates quoted should be inclusive of all taxes e.g. service Tax etc.

38

Secretary,



TENDERER FORMTENDERER FORMTENDERER FORMTENDERER FORM

To

The President of India,

Acting through the “Chairman”

Railway Recruitment Board,

Bilaspur (C.G)

Pin 495004

Name of work: Round the clock Security arrangement at North West Institute (ground floor), near

SECRSA Stadium, Railway Station Road, Bilaspur including its circulating area and

material/documents etc of Railway Recruitment Board, Bilaspur /Railway Administration stacked/

kept/available there. Total Security Guard required for the above work – 08

(Unskilled security guard 06 & skilled supervisors – 02).

.

1. I/We............................................................ have read various conditions to tender attached here

to and hereby agree to abide by the said conditions. I/We also agree to keep this tender open for

acceptance for a period of 90 days from the date fixed for opening the same and in default there

of I/We will be liable for forfeiture of my/ our “Earnest Money Deposit”. I/we offer to do the

work attached Rate sheet and hereby bind myself/ourselves to complete the work as per the

condition of the contract.

2. I/We also hereby agree to abide by the general conditions of contract of SECR and laid down

conditions in this tender.

3. A sum of Rs. ………….. (Rupees…………………………………………) is herewith remitted

as Earnest Money vide …………… (detailed to be filled by tenderer)

………………………………………………..

4. The full value of the earnest money shall stand forfeited without prejudice to any other rights or

remedies if:,

a) I/We do not commence the work within ten days after receipt of order to the effect.

b) I/We do not execute the Contract document within 07 (Seven) days after receipt of notice

issued by the Railway that such documents are ready.

c) It shall be understood that the tender documents have been sold/issued to the Tenderer

and the Tenderer is permitted to tender in consideration of stipulation on his part and that

after submitting his Tender he will not resile from his offer or modify the terms and

conditions there of in a manner not acceptable to the administration, should the Tenderer

fail to observe or comply with the said stipulation the aforesaid amount shall be liable to

be forfeited to the Railways.

Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a binding contract between us subject to modifications, as may be mutually agreed to between us and

indicated in the letter of acceptance of my/our offer of this work.

39

Secretary,



INSTRUCTION TO TENDERER (S)/CONTRACTOR (S)INSTRUCTION TO TENDERER (S)/CONTRACTOR (S)INSTRUCTION TO TENDERER (S)/CONTRACTOR (S)INSTRUCTION TO TENDERER (S)/CONTRACTOR (S)

DOCUMENTS PART OF THIS TENDER

Srl.

No Documents Name Published by

Referred In This

Document as.

01 General condition of contract and

special conditions attached laid down

in this Tender

South Eastern Railway GCC: 2001

Submission:

01 The tender form/documents must be enclosed/kept in sealed cover, subscribing thereon the

name of the work, as mentioned in the tender notice and Tender Notice No. and deposited/

dropped in the Tender Box provided in the office of the RRB/BSP as mentioned in the tender

notice, not later than the time and date mentioned in the tender notice. The tenders will be opened at the stipulated time in the presence of such of those tenderer(s) or their authorized

representatives who may choose to be present. Tenders which are received after the date and

time specified will not be considered.

02 Tenders containing, overwriting, additions, alterations, erasures, obliteration and other defects

are liable to be rejected. All corrections made by the tenderer(s)/Contractor(s) should be

properly attested by the tenderer/contractor.

03 Tenderer(s)/Contractor(s) must not quote any special conditions in their offer, violating which

the offer is liable to be rejected.

04 The tenderer(s)/Contractor(s) shall sign every page of the tender document and submit the

same intact.

05 The tenderer(s)/contractor(s) should quote their rates in figures and in words. Wherever there

is a difference between the rates quoted in figures and in words, the rates quoted in words will

be considered as correct and taken for the tender evaluation.

06 The tenderer(s)/Contractor(s) should specifically and fully disclose their respective

constitutions and submit attested photocopies of documents like partnership deed, article and

memorandum of Association, Certificate of Incorporation etc if any in support of such

disclosures along with tender.

If tenderer/contractor is a firm, i.e. partnership business, the names and addresses of all the

partners should be stated whether the same is registered under the Indian Partnership Act. The

Railway Administration shall always have the liberty to demand the production of the

original of the said documents and also to make such further requisitions regarding the

constitutions of the tenderer(s)/contractor(s) as may be considered necessary.

07 The earnest money shall be accepted in any of the following forms :-

(a) In cash, deposited with Divisional Cashier, South East Central Railway, Bilaspur or Raipur or Nagpur. The deposit receipt issued by the Divisional Cashier to be attached, in original with

the tender.

(b) Deposit receipt, Demand Draft, FDR on State Bank of India or any other Nationalized Bank

drawn in favour of FA&CAO/SECR/Bilaspur duly indicating Account No and Name of

tenderer on receipt.

40

Secretary,



(c) Deposit receipt executed by the scheduled Banks (other than the State Bank of India and

Nationalized Banks) approved by the Reserve Banks of India for this purpose. The Railways

will not however accept deposit receipt without getting the writing concurrence of Reserve

Bank of India. Tenders not accompanied by earnest money conforming to 07 (a) and

07 (b) above will not be considered and no correspondence whatsoever will be

entertained on this account.

8 It shall be understood that the tender documents have been sold/issued to the Tenderer

and the Tenderer is permitted to tender in consideration of stipulation on his part and

that after submitting his Tender he will not resile from his offer or modify the terms

and conditions there of in a manner not acceptable to the administration, should the

Tenderer fail to observe or comply with the said stipulation the aforesaid amount shall

be liable to be forfeited to the Railways.

9 The earnest money deposited by the successful tenderer will be retained as part of the Security Deposit for due and faithful fulfillment of the contract. The balance to make

up the security deposit, the rates for which are given below, may be deposited by the contractor in cash in the office of the Divisional Cashier or may be recovered by

percentage deducted from contractors “on account” bills. Provided also that in case of defaulting contractor, the Railway may retain any amount due for payment to the

contactor on pending “on account” bills so that the amount so retained may not

exceed 10% of the total value of the contract.

10 The security deposit/rate or recovery/mode of recovery shall be as under unless

otherwise specified in the special conditions in the tender.

vi) Security deposit (SD) for each work should be 5% of the contract value.

vii) The rate of recovery should be at the rate of

10% of the bill amount till the full security deposit is recovered.

viii) Security deposit will be recovered only from

the running bills of the contract and no other mode of collecting SD such as SD

in the form of instruments like, FDR etc. shall be accepted towards SD.

Security deposit shall be returned to the contractor after physical completion of

the work as certified by the competent authority. Before releasing the SD and

unconditional and unequivocal no claim certificate from the contractor

concerned should be obtained.

No interest will be paid on the earnest money and security deposit or amounts

payable to the contractor under the contract.

11. Performance Guarantee: The successful tenderer should give a Performance Guarantee in the form of an irrevocable

bank guarantee amounting to 5% of the contract value. The performance guarantee should be

furnished by the successful contractor after the letter of acceptance has been issued. The

agreement should normally be signed within 15 (fifteen) days after issue of letter of

acceptance and the performance guarantee should also be submitted within this time limit.

Performance guarantee shall be released after satisfactory completion of the work. Wherever

the contracts are rescinded, the security deposit shall be forfeited and the performance

guarantee shall be encashed and the balance work shall be got done separately. The balance

work shall be got done independently without risk and cost of original tenderer/contractor.

The original contractor shall be debarred from participating in the tender for executing

balance work. If the failed tenderer/contractor is a JV or a partnership firm, then every

member/partner of such a firm would be debarred from participating in the tender of the

balance work either in his/her individual capacity or as a partner of any other JV/partnership

firm.

41

Secretary,



12 These instructions to the tenderer shall be deemed to form a part of tender document. Non-

compliance with any of the conditions set forth in this tender document is liable to result in

the tender being rejected.

13 SECR General Condition of Contract, Special Conditions of Contract, Instructions to the

tenderer(s) and stipulation made in the preamble to the various schedules and in the foot

notes of schedules and various items of works shall govern the works to be done under this

contract. Tenderer shall carefully study the GCC, standard specifications and Special

Conditions accompanying the tender form.

14 Special conditions of contract will take precedence over SECR’s General Conditions of

Contract. Any note appearing in the schedule of contract will take precedence over the

special conditions. Note at the foot of item of work shall take precedence over all other

notes, special conditions, SECR’s GCC.

15. All measurement, methods of measurement, meaning and intent of specifications of

interpretation of special conditions of contract given and made by the Railway or by the Accounts – in Charge on behalf of the Railway shall be final and binding and shall be

considered as “Excepted matters” in terms of conditions No.63 of SECR’s GCC.

16 Change in Address: Any change in the address of the contractor shall be forthwith

intimated in writing to the Railways. The railway will not be responsible for any loss/

inconvenience suffered by the contractor on account of his failure to comply with this.

17. Income Tax Deductions :In respect of works, the contract value of which is more than

Rs.5000/- each a deduction of 2% of the gross payment from each of the contractors bills

shall be made in terms of section 194(c)of the IT Act of 1961. Surcharge on IT if

applicable will also be deducted as per the prevailing rates.

18. Accepted Rates : The rates quoted by the tenderer and accepted by the Railway

Administration shall hold good till the completion of the work and no additional individual

claim shall be admissible on account of fluctuation in market rates, increase in taxes and

any other levies/tolls etc.

19 Excise duty, Sales Tax or any other Tax/Dues: The contractor/tenderer shall bear full

excise duty, sales tax, royalty and or nay other taxes/duties levied by State Government and

or Central Government and /or local bodies from time to time. This would be entirely a

matter between the contractor and the State/Central Government /local bodies and no claim

whatsoever on this account shall be entertained by Railways.

20 If State Government /local body modify or implement any new rule for tax/duty/ royalty during the tenure of the contract, the same shall be borne in full by the contactor and work

should not be allowed to be effected on this account. Any dispute with State Govt. /local

body shall be settled by the contractor on his own.

42

Secretary,




SCHEDULE AND RATE SHEET

Name of work:

Period of contract:

Round the clock Security arrangement at North West Institute

(ground floor), near SECRSA Stadium, Railway Station Road, Bilaspur including its circulating area and material/documents etc

of Railway Recruitment Board, Bilaspur /Railway Administration stacked/ kept/available there. Total Security Guard required for

the above work – 08 (Unskilled security guard 06 & skilled

supervisors – 02).

24 months (2 years).

S.No Description Basic rate in

Rs.

Basic value

in Rs. for 2

years

Percentage above/ below

1. Unskilled

Security Guard (Total 06 nos.)

Rs.4,717/- per

security guard p.m. Rs.679248/-

2. Semi-skilled

Security Supervisors (Total 02 Nos.)

Rs.5,520/- per

security supervisor

p.m.

Rs.265008/-

In figure

………… % above/ below

In word (……....................

……………………………

……………………………)

In figure

………… % above/ below

In word (……...................

…………………………..

…………………………..)

3. Total Basic Cost Rs.944256/-

4. Tender increase = ……………….. % above /below

5. Total amount of contract = Rs

43

Secretary,




DETAILS OF EARNEST MONEY

1) Details of earnest money:

Rs. _________________/- (In Word ………………………………………….

………………………………………) deposited/submitted in the following form-

………………………………………………………………………………

………………………………………………………………………………

………………………………………………………………………………

44

Secretary,



CONTRACT AGREEMENT

No._________________________________________________ Date_____________

ARTICLES OF AGREEMENT made this…………………………………………..Day

of……………… between the President of India acting through the Railway Administration

hereafter called the “Railway” of the one part and hereinafter called “Contractor” of the other

part.

WHEREAS the contractor has agreed with the Railway for the performance of the

works……………………………………..set forth in the schedule here to annexed upon the

General conditions of Contract corrected up to printed/Advanced correction slip

No…………………………. Dated …………….and the specification of the SOUTH EAST

CENTRAL RAILWAY contained in the General conditions of contract and standard

specifications part-IV, corrected up to printed/Advance correction slip No……………………..Dated……………… and the schedule of rates of the SOUTH

EAST CENTRAL RAILWAY, Part-I corrected up to printed/Advance correction slip No……………… Dt ……………………and the special conditions and special

specification. If any and in conformity with the drawings here into annexed AND WHEREAS the performance of the said work is an act in which the Public are interested .

NOW THIS INDENTURE WITNESSES that in consideration of the payments

to be made by the Railways, the contractors will duly performs the said work in the said schedule set forth and shall execute the same with grate promptness, care and accuracy in

a workman like manner to the satisfaction of the Railway and will complete the same

accordance with said specification and said drawing and said conditions of contract on or

before the …………………………..day of ……………… and will maintained the said

work for a period of ………………… Calendar Months from the certified date of their

completion and will observe, fulfill and kept all the conditions their in mentioned ( which

shall be demand and taken to be Part of this contract as if the same as been fullest forth

here in ). The contractor and the Railway both hereby agree that if the contractor shall dully

perform the said work on the final completion there of the amount due in respect thereof at

the rates specified in the schedule here to annexed .

Signature…………………………...…….

Contractor………………………………..

Address..…………………………………

Date …………………………… (Designation)

Railway Recruitment Board, Bilaspur

(for president of India) Signature……………………………..….

Witness…………………………………..

Address …………………………………..

Date ……………………………...

45

Secretary,



Instruction for downloading of tender documents from Internet & its submission 1. The tender documents for this work can be obtained from the internet at Railway Recruitment

Board, Bilaspur’s Website www.rrbbilaspur.gov.in and the offers can be given on the same

subject to the conditions given below which will be carefully studied by the intending tenderer

(s) and offers submitted accordingly.

2. The tender documents shall be carefully downloaded from the website mentioned above and the

same shall be printed carefully and arranged as per the index. The tender documents so

downloaded shall be complete in all respects, which shall be the sole responsibility of the

tenderer (s), and the Railway shall not be liable for any mistake/loss or corruption of data in

downloading and/or printing. The end of tender documents has been marked in bold letters as

“END OF TENDER DOCUMENTS” on separate page in the uploaded document, which may

checked while downloading the tender document to ensure that the complete tender documents

has been downloaded. The tenderer(s) must also compare the document as printed with the

document as uploaded on the website. The tenderer(s) shall sign the undertaking given below in

para 10 failing which the offer given by him/them shall be summarily rejected.

3. A master copy of the document downloaded from the website mentioned above shall be kept in

the office of the tender inviting authority. In case of any discrepancy between the tender

document downloaded from the website and master copy, the later shall be prevail and shall be

binding on tenderer(s). The offer received shall be deemed to have been submitted on the

document as uploaded and appearing in the website mentioned above whose master copy is kept

in the office of tender inviting authority.

4. The tenderer (s) shall print the document on good quality, white A4 size paper on any good

quality printer, preferably laser or deskjet or inkjet type printer.

5. The cost of tender document as mentioned in the notice inviting tender shall be enclosed with

the offer as a separate bank draft in the name of “FA&CAO, S.E.C.Railway, Bilaspur” or

original money receipt deposited with Divisional cashier, Bilaspur, Raipur, Nagpur or the

Station Master of any station over S.E.C.Railway for the requisite amount as cost of tender

document. The cost of tender document shall not be clubbed with the earnest money deposit.

The tender(s) submitted without the requisite cost of tender documents in appropriate form shall not be considered.

6. The tender(s) shall be filled up after carefully study of the documents and the site and any clarification required may be obtained from the tender inviting authority whose address is given

in the tender documents.

7. The tenderer (s) downloading the documents from internet must keep themselves updated

through the website from which the tender document is downloaded regarding corrigenda, if

any, to the notice inviting tender or the tender or the tender documents, which shall be uploaded

in the same website and also published in newspaper. The offer received without such

corrigenda published shall be liable to be rejected.

8. Any willful changes / deletion / addition in printing carried out in the tender documents

shall be viewed very seriously, whether detected at the time of opening/award of tender

or after award of work and the same may result in penal action including banning of

further business with defaulting tenderer (s). In addition, the tenderer (s) are liable to be

prosecuted for the same as per law. 9. The tenderer (s) or his authorized representative shall sign in original on each page of the

downloaded tender document.

10. The following declaration should be given by the tenderer (s) while submitting the tender.

46

Secretary,



Declaration

I/We have downloaded the tender form from the Internet site and I/We have not

tampered/modified the tender documents in any manner. In case the same is found

tampered/modified, I/We understand that my/our offer shall be summarily rejected and I/We are liable to be banned from doing business with the Railways and/or prosecuted as per laws.

I/We are submitting a demand draft No._________________, dated _________________

issued by _________________ or original money receipt No._________________ dated

____________ deposited with _________________ station for Rs. _________________

towards the cost of tender document.

Signature of Tenderer

Dated:

Address

47

Secretary,



To

FA & CAO

SEC Railway, Bilaspur

Date:

Sub: Bank Details.

* * *

My bank details are as under:

Name of the Bank: ……………………………………………..

Branch and Address: ……………………………………………..

Account No. : ……………………………………………..

MICR No. : ……………………………………………...

Type of Account: Current/Saving

Signature of Contractor

Name :

Date :

Address :

End of Tender Document