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Modern Coach Factory, Raebareli

M-200/PTG ELP /17-18 Page 1 of 39

Signature of Tenderer(s)

Start of Tender Document

Tender Document

of

E-Tender No. M-200/PTG ELP /17-18 E-Tender Notice No: M-200/PTG ELP /17-18, Date. 26.08.2017

Date of Opening: 03.10.2017 at 15:30 hrs. Name of Work: Outsourcing work of application of two component epoxy high build

elastified top coat paint on LHB type coaches as per scope of work.


M-200/PTG ELP /17-18 Page 2 of 39


Chapter – I Tender No. M-200/PTG ELP /17-18 Forwarding Letter detailing salient features of the tender Issued to: ________________________________________________________________ ________________________________________________________________

Name of the work: Outsourcing work application of two component epoxy high build elastified top coat paint on LHB type coaches as per scope of work.

Details of Net-Banking/ Payment Gateway for Railway’s money Receipt towards cost of Tender Document and Earnest Money. Transaction No. for tender Document cost--------------------------------------DATE---------------- Name of Bank(Issued)---------------------------------------------------------------------------------------- AMOUNT- Rs. Transition No. for EMD -------------------------------------------------------------DATE----------------- Name of Bank- ------------------------------------------------------------------------------------------------- AMOUNT- Rs. 2,000.00 (Rs. Two thousand only).

Dear Sir,

1.0 E-Tender has been invited for and on behalf of the President of India for the above mentioned work as per e-tender notice quoted above. A copy of the e-tender notice is enclosed herewith as chapter- II.

2.0 The railways, before 15 days from the date of opening of tender, may of its own or in response to any clarification requested or suggested by any person including that of the Tenderer, may modify the tender document at its sole discretion.

3.0 The tender document includes many chapters as enclosed, which are integral parts of the tender document.

4.0 This tender document contains 39 pages including cover page in I to VIII chapters. 5.0 All the below mentioned chapters and below named documents, taken together, if not

scored off, shall constitute the complete tender document hereinafter referred to as "tender document" and have to be read together and acted upon accordingly. No part of the tender document can be relied upon or acted upon in isolation.

Chapter No./Annexure

Index of Tender Document Page/s

Covering Page 1 I Forwarding Letter detailing salient features of the tender. 2-4 II Tender Notice. 5 III Conditions of tender and instructions to tenderer(s) with

Annexure-I, II, III and IV. 6-14

IV Conditions of the contract (General) 15-31 V Schedule of Rate 32 VI Special terms & conditions 33-36 VII Scope of work 37-38 VIII Form of Agreement. 39

Total 39

6.0 The General Conditions of Contract (GCC) of Indian Railways as amended by updated

correction slips till the date of tender opening will also be applicable as part of tender


M-200/PTG ELP /17-18 Page 3 of 39


document. The copy of GCC may be obtained from the office of Dy.CME/urr Prog. on

payment of Rs.500.00 (Five Hundred only) through Net-banking/ payment gateway in

favour of FA&CAO/MCF/RBL, Lalganj (Distt-Raebareli).

7.0 If any plan/drawing is required additionally, Rs. 500.00 per plan/Drawing will be levied

extra.

8.0 In the event of any conflict between the Books of Reference and contents of various

chapters of these documents, the latter shall prevail.

9.0 Scope of the Work (Refer Chapter-VII): Outsourcing work of application of two

component epoxy high build elastified top coat paint on lhb type coaches as per scope

of work

10.0 Approximate Quantity- Schedule-“A”- 617 Coaches and Schedule-“B”- 106 Coaches

11.0 Approximate cost of the work: The assessed cost of the work covered by this

tender is approximately Rs. 7,79,182.32 (Rs. Seven Lakh Seventy Nine Thousand

One Hundred Eighty two and Thirty Two paisa only.)

12.0 Date of Opening: 03.10.2017

13.0 Receiving & Opening of the tender: The tenderer(s) are to bid online only through

Indian Railways portal www.ireps.gov.in for the work mentioned against the Tender

Notice No. available in the website. No manual offer is acceptable against the tender.

No tender document in hard copy will be sold from this office against the tender.

Please read the instructions for e-tendering, General Condition of Contract (GCC),

Special Condition of contract, scope of work etc. before filling the e-tender online. E-

Tender forms are not transferable and the same is to be submitted with digital

signature by personnel already registered with the Indian Railways portal.

14.0 Amount of Tender Document Cost: Rs. 2,000.00 (Two Thousand only). The tender

document cost shall be accepted by online payment through Net Banking in Favour of

FA&CAO/MCF/RBL-Lalganj (Distt. Raebareli), Account No. 32884249555, IFSC code-

SBIN0001644 or gateway payment through ireps portal only. Cost of tender document

is not refundable and should not be clubbed with EMD deposit. Scan copy of the

transaction receipt of Tender document cost also be uploaded along with e-tender

offer. Offer without Tender document cost along with e-tender offer shall lead to

summarily rejection of the Tender.

15.0 Amount of Earnest Money: Rs. 15,590.00 (Rs. Fifteen Thousand Five Hundred

Ninety only.) The amount of earnest money required to be deposited only through

online payment. The Earnest Money deposit shall be accepted by online payment

through Net Banking in Favour of FA&CAO/MCF/RBL-Lalganj (Distt. Raebareli),

Account No. 32884249555, IFSC code-SBIN0001644 or gateway payment through

ireps portal only. EMD should not be included with tender document cost. Scan copy

of the transaction receipt of EMD also be uploaded along with e-tender offer. Offer

without EMD along with e-tender offer/invalid form shall lead to summarily rejection of

the Tender.

16.0 Validity of the tender: A Tenderer shall keep his tender open for a period of 90

days from the date of opening of the tender.

17.0 Period of Completion: The successful tenderer shall complete the entire work within

the period specified in the tender notice. The period starts from the date which shall be

mentioned in the letter of acceptance (LOA) issued by the Railway to the successfully

tenderer.

http://www.ireps.gov.in/


M-200/PTG ELP /17-18 Page 4 of 39


18.0 Schedule of Rate: Rates will be quoted online and submitted online duly signed digitally.

19.0 Specification of the work: The work shall be carried out as per specifications contained in the scope of work of tender document or otherwise referred to.

20.0 Advance to the Contractor: Not Applicable 21.0 Price variation clause: Not Applicable 22.0 Participation of JV/AOP: Not Applicable Enclosure: The tender document

(Total 39 Pages)

Signature of Tenderer(s) Date:

Witness: 1. 2.


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Chapter – II

E-Tender Notice

E-Tender Notice No.- M-200/PTG ELP/2017-18 Date:- 26.08.2017 On behalf of the President of India, Dy. Chief Mechanical Engineer/Fur.Prog., Modern Coach Factory, Raebareli is inviting open e-tender based on single packet system online through Indian railway portal www.ireps.gov.in for the under mentioned work on prescribed tender format. 1. Details:- 1 Name of Work Application of two component Epoxy High Build Elastified Top

coat paint on LHB type coaches as per scope of work.

2 Place of work Modern Coach Factory, Lalganj, Distt. Raebareli

3 Approx. cost Rs. 7,79,182.32 (Rs. Seven Lakh Seventy Nine Thousand One Hundred Eighty Two and paisa Thirty Two only)

4 Cost of tender documents

Rs. 2,000.00 (Rs. Two Thousand) only.)

5 Earnest money Rs. 15,590.00 (Rs. Fifteen Thousand Five Hundred Ninety only.)

6 Quantity Schedule-“A” -617 Coaches and Schedule-“B” - 106 Coaches 7 Period of completion 12 Months or earlier. 8 Date & Time of

closing of tender 03.10.2017 at 15:00 pm.

9 Date & Time of Opening of tender

03.10.2017 at 15:30 pm.

10 Validity of tender 1. 90 days from the date of opening of tender. 2. Participation by Association of Partnership (AOP)/Joint

Venture (JV) firms are not allowed for this tender. 3. (a) Advance to contractor is not applicable.

(b) Purchase preference clause is not applicable. (c) Price variation clause is not applicable.

2. Eligibility criteria-

a. The tenderer(s) shall be eligible only if he/they fulfill eligibility criteria of having receipt

total contract amount during the last 03 financial years and in the current financial

year with a minimum of 150% of advertised tender value.

b. Authentic certificates shall be produced by the tenderer(s) to this effect which may be

an attested certificate from the employer/ client, audited balance sheet duly certified

by the chartered accountant etc.

c. Tenderer must submit documentary evidence and list of plant & machinery, list of

personnel in organization and list of works completed & on hand with tender

document.

All other details are available in tender document.

Dy. Chief Mechanical Engineer/Fur. Prog.

MCF/Raebareli,Lalganj


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Chapter-III

CONDITIONS OF TENDER AND INSTRUCTIONS TO TENDERER(S)

1. The tenderer must submit documents in support of fulfillment of Eligibility criteria with respect to work for Technical Eligibility should be uploaded online in the website with scanned copy at the time of tender bidding with details as per tender schedules. Railways may however call for the originals of the documents for verification or any clarifications/confirmations on the content of the documents submitted. Eligibility of the tenderer shall be decided solely on the basis of the documents submitted along with the tender offers and any subsequent document whatsoever submitted in this connection would not be given any cognizance on any account.

2. DEFINITIONS: a) “Railway” shall mean the President of the Republic of India or the General Manager of

the Modern Coach Factory, Rae Bareli or of the successor Railways authorized to deal with any matters, which these presents are concerned on his behalf.

b) “General Manager’’ shall mean the officer-in-charge of the general superintendence and control of the Modern Coach Factory, Rae Bareli and shall also include the General Manager (Construction) and shall mean and include their successor Railway.

c) “Chief Mechanical Engineer” shall mean the Officer-In-charge of the Mechanical Engineering Department of the Modern Coach Factory, Rae Bareli and shall mean and include their successors of the successor Railway.

d) “Engineer” shall mean the Deputy Chief Mechanical Engineer or the Executive Engineer in executive charge of the works and shall include the superior officer of the Mechanical Dept. of the Modern Coach Factory, Rae Bareli. i.e. Dy. Chief Mechanical Engineer etc. and shall mean and include the Engineers of the successors Railway.

e) “WM” shall mean the “Works Manager” and shall mean and include the successors of the successors Railway.

f) “SME” shall mean the “Senior Mechanical Engineer” and shall mean and include the successors of the successors Railway.

g) “AWM” shall mean the “Assistant Works Manager” and shall mean and include the successors of the successors Railway.

h) “MCF/RBL” shall mean Modern Coach Factory, Rae Bareli. i) “Tenderer” shall mean the person / the firm / co-operative or company whether

incorporated or not who submitted these tender documents as an offer to carry out the work detailed in Chapter-VIII of contract with the Railways and shall include their personal representatives, successors and permitted assigns are termed tenderer(s) in these documents.

j) “The Contractor(s)” shall mean the tenderer(s) whose tender(s) has been accepted by the Railways shall thereafter be termed Contractor(s) and these tender documents of the accepted tender(s) shall become a part of the Contract/Agreement between the Contractor/s and the Railways.

k) “Open Tenders” shall mean the tenders invited in open and public manner and with adequate notice.

3. BOOKS OF REFERENCE: These tender documents are to be read with “Northern Railway’s General Condition’s of Contract” as amended by updated correction slips till the date of tender opening referred as GCC hereafter.

4. SCOPE OF TENDER: Sealed tenders are invited for and on behalf of the President of India for work described as “Application of two component Epoxy High Build Elastified Top Coat paint on LHB type coaches as per scope of work”.

5. INSPECTION OF DATA: Copies of drawing and other information for the work, relevant to this tender, may be obtained from the office of the Dy. CME/Fur.Prog./MCF/Raebareli, Lalganj-229120 on any working day during office hours on payment of applicable charges in the form of DD in favour of FA&CAO/Modern Coach Factory, Raebareli payable at Lalganj.


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6. INSPECTION OF SITE: Tenderer must acquaint himself, at his own responsibility, risk and expense, with all information of the site(s) of work(s) and their neighborhoods, actual working and other prevalent conditions, laws/regulations, availability and suitability of local labours, materials, accessibility of site(s) of work(s) sources and availability of water, electricity, camp site, market, banking facilities etc. and all such possible factors as have bearing on rates and progress of the work under this tender and all these factors should be taken into consideration before submitting this tender.

7. CONTRACT TO BE SIGNED BY AUTHORISED PERSONS: (a) The contract shall be signed by individual or individuals legally authorized to enter into

commitments on behalf of the Contractor. Any individuals or individuals signing the contract document or other documents connected therewith should specify whether he is signing the said documents:-

(i) As a Sole Proprietor of the firm or Attorney of the Sole proprietor. Or (ii) As a Partner of partnership firm Or (iii) As a Director, manager or secretary in a Limited company (duly authorized

by a resolution passed by the board of directors or in presence of the authority conferred by the memorandum of association).

(b) In the case of a firm not registered under the Indian Partnership Act, all the partners or the attorney duly authorized by all of them should sign the tender documents and all other concerned documents.

(c) Requisite power of attorney or such other documents empowering the individual or the individuals to sign the contract document should be furnished in original.

(d) The Railway shall not be bound by any Power of Attorney granted by the Contractor or by changes in the composition of the firm made subsequent to the execution of the Contract agreement. It may, however, recognize such Power of Attorney and changes, after obtaining legal advice to the satisfaction of the Railway, the cost of which will be borne by the Contractor.

8. EMPLOYMENT/PARTNERSHIP, ETC., OF RETIRED RAILWAYS EMPLOYEES: (a) Should a Tenderer be a retired engineer of the Gazetted rank or any other Gazetted officer

working before his retirement, whether in the executive or administrative capacity or whether holding a pensionable post or not, in the Mechanical Department or any other department of any of the railways owned and administered by the President of India for the time being, or should a tenderer being partnership firm have as one of its partners a retired engineer or retired Gazetted Officer as aforesaid, or should a tenderer being an incorporated company have any such retired engineer or retired officer as one of its Directors or should a tenderer have in his employment any retired Engineer or retired Gazetted Officer as aforesaid, the full information as to the date of retirement of such Engineer or Gazetted Officer from the said service and in case where such Engineer or Officer had not retired from Government service at least 2 year prior to the date of submission of the tender as to whether permission for taking such contract, or if the contractor be a partnership firm or an incorporated company, to become a partner or Director as the case may be, or to take the employment under the contractor, has been obtained by the tenderer or the Engineer or Officer, as the case may be from the President of India or any officer, duly authorised by him in this behalf, shall be clearly stated in writing at the time of submitting the tender in Annexure-II and the same shall be uploaded by the tenderer on Indian Railways portal www.ireps.gov.in while submitting the bid. Tenders without the information above referred to or a statement to the effect that no such retired Engineer or retired Gazetted Officer is so associated with the tenderer, as the case may be, shall be rejected.

(b) Should a tenderer or contractor being an individual on the list of approved Contractors, have a relative(s) or in the case of partnership firm or company of contractors one or more of his shareholder(s) or a relative(s) of the shareholder(s) employed in gazetted capacity in the Mechanical or any other department of Modern Coach Factory, Raebareli, the authority inviting tenders shall be informed of the fact at the time of submission of tender in



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Annexure-III and the same shall be uploaded by the tenderer on Indian Railways portal www.ireps.gov.in while submitting the bid, failing which the tender may be disqualified/rejected or if such fact subsequently comes to light, the contract may be rescinded in accordance with provision in Clause 62 of Standard General Conditions of Contract.

9. PERIOD OF VALIDITY OF TENDER: The tenderer(s) shall keep the offer open for a minimum period as stated in Chapter- II from the date of opening of the tender within which period the tenderer(s) cannot withdraw or modify his offer. The Railway Administration may request the tenderer(s) to extend the validity. The earnest money referred to in this chapter is for the performance of the stipulation to keep the tender open for the aforesaid period. It shall be understood that the tender documents have been issued to the tenderer(s) and the tenderer(s) is permitted to tender in consideration of the stipulation on his part that after submitting his tender, he will not resile from his offer or modify the same in any manner not acceptable to the Railway within the period of validity. Should the Tenderer fail to observe or comply with this stipulation; the Railways shall forfeit the full amount of Earnest Money.

10. RESPONSIBILITY FOR DAMAGE TO CONTRACTOR’S MATERIALS: (a) The Railway Administration will not be responsible for any loss or damage to contractor’s

materials, equipments, tools and plants due to fire, flood or any other cause(s) whatsoever. (b) The materials issued by the Railway to the contractor for use in the works shall be treated as

contractor’s materials for this purpose, and the contractor(s) shall make good these materials in the event of any loss/ damage thereto.

(c) Works finished but not taken over by the railway shall be treated as contractor’s materials for this purpose, and the contractor shall be responsible for making good any loss or damage thereto.

11. SPECIAL CONDITIONS BY TENDERER (S): (a) The tenderer(s) is, normally, not expected to make any special condition / stipulation of his

own and is expected to submit his tender in accordance with the conditions / stipulations contained in these documents, if however, the tenderer(s) wishes to make any special condition / stipulation(s) or wishes to intimate the Railway of any matter of importance, he may do so in a covering letter. Such stipulations and conditions shall be a part of the contract in case of acceptance of the tender, only to the extent explicitly accepted by the Railway Administration. The accepting authority reserves the right not to accept any such special stipulations and conditions made by the tenderer and may reject the tender(s) as unacceptable without any reference to the tenderer(s) or may ask the tenderer to withdraw any or all such stipulations before awarding the contract and in the event of his refusals to do so, may not accept his tender.

(b) In case, any special conditions and/or stipulations are made by the tenderer, he shall also indicate, along with such conditions/stipulations, the cost of withdrawal of the same. The accepting authority reserves the right, either to accept the conditions / stipulations made by the tenderer or the cost thereof, at its sole discretion. If such cost is not indicated, it will be construed that the tenderer(s) is not in a position to withdraw these conditions at any cost and the tender may be adjudged accordingly without any reference to the tenderer(s).

12. STATEMENT OF DEVIATIONS:

Any deviation in the offer from tender schedule shall be clearly mentioned in the format enclosed as Annexure-IV to this chapter. The accepting authority reserves the right not to accept any such deviations made by the tenderer and may reject the tender(s) as unacceptable without any reference to the tenderer(s) or may ask the tenderer to withdraw any or all such deviations before awarding the contract and in the event of his refusals to do so, may not accept his tender. In case of no deviation a NIL statement shall be given in the Annexure-IV and the same shall be uploaded by the tenderer on Indian Railways portal www.ireps.gov.in while submitting the bid to this chapter.




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13. EARNEST MONEY: (1) a) The tenderer 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 conditions of tender. The Earnest Money shall be as under:

S. N. Value of The Work Earnest Money Deposit (EMD)

A. For works estimated to cost up to Rs. 1 crore.

2% of the estimated cost of the work.

B. For works estimated to cost more than Rs. 1 crore.

Rs. 2 lakh plus ½% (half percent) of the excess of the 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 tenderer and the tenderer is permitted to tender in consideration of stipulation on his 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 Engineer. Should the tenderer fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to 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 the Standard 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.

(2) Payment of Earnest Money Deposit (EMD) and Tender document cost, in respect of e-tendering, shall be accepted through Net Banking or Payment Gateway only.

Note:- Fixed Deposit Receipt (FDR) will not be accepted as EMD for Tenders invited on IREPS (e-tender portal).

14. TENDER WITHOUT EARNEST MONEY: Tender(s) not accompanied by full earnest money, in the requisite manner, as aforesaid shall under no circumstances be entertained and will summarily be rejected at the time of opening itself without further reference to the tenderer(s).

15. GENERAL INSTRUCTIONS FOR COMPLETING TENDER DOCUMENTS: (a) The tenderer shall submit, as his tender, all these documents intact, without severing

detaching, defacing or removing any part thereof. After completing these documents, The tenderer(s) shall sign each page of these documents, before submission, intact, without severing, detaching, defacing or removing any part thereof, as per instructions contained in these documents.

(b) Tender form containing over writings, scribbling, and erased rates and/or rate-not shown in words are liable to be rejected .In case of any discrepancy in rates shown in figures and words being noticed, the accepting authority may at his discretion accept the lower of the two.

(c) The tenderer must completely and carefully fill up the letter entitled “FORM OF TENDER” i.e. Chapter-V of these documents.

(d) The Tenderer shall not leave any space blank, where he is expected to make any entry. (e) FALSE/INCOMPLETE STATEMENT: Any statement/declaration made by the Tenderer, if

proved wrong or false or incomplete or such as to withhold any information relevant to the award of the tender, at any stage of the tender or in the event of his tender having been accepted at any stage of the contract, shall render his/their tender(s)/contract(s) liable to be cancelled/rescinded, in addition to the followings:

(i) If such statement is found at the tender stage, his total earnest money shall be forfeited. (ii) In case such a statement is found at the contract stage, rights available to the Railways

under GCC shall applicable.


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(f) CANCELLATION OF DOCUMENT ETC.: The cancellation or amendment of any documents such as power of attorney, partnership deed etc. should be forthwith communicated by the tenderer/contractor to the Railways in writing, failing which the Railways shall have no responsibility or liability for any action taken on the strength of the documents available with the Railways.

(g) DOCUMENTS TO BE SUBMITTED: The following documents are required to be uploaded scanned copy along with the E- Bid.

S. No.

Documents

1. Transaction receipt for EMD & document cost 2. PF Registration Certificate 3. ESI Registration Certificate 4. Labour License Number issued by Labour Commissioner if applicable 5. PAN Card in which PAN is readable 6. Service Tax Registration (if applicable) 7. TIN No. 8. Bank mandate form (detail of Bank for Payment) 9. Power of Attorney

10. GST No. 11. Personal Detail ( Firm Name & full Address With Email No. Mob. No.)

16. PURCHASE PREFERENCE: (Not applicable) 17. SUBMISSION OF TENDER:

The tender offer complete in all respect and with all document is to be submitted online by e-tendering process through the website www.ireps.gov.in before the closing time/date of this tender as mentioned in the NIT (Notice Inviting Tender). Tenderer can revise the bids any number of times till the closing time/date of the tender, No manual offers shall be accepted.

18. CREDENTIALS/TESTIMONIALS:- a) In order to establish the capability of the tenderer(s) to undertake and tackle the work under

this tender, the tenderer(s) shall submit along with the tender, the particulars of all the works awarded OR taken-up by him or them for execution during the five years preceding the date of opening of this tender irrespective of whether the same have been completed or are still continuing or were terminated, in the proforma mentioned below as Annexure- I, of chapter III and the same shall be uploaded by the tenderer on Indian Railways portal www.ireps.gov.in while submitting the bid, in absence of which the Railways reserves the right to treat the tenderer(s) as having no capability/credential.

b) The said proforma should be filled-up by the tenderer in respect of all the works done by him/them whether for the Railways or for any other client.

c) The tenderer shall submit photocopies of documents to establish the facts mentioned by him or them in the aforesaid proforma and also certificates certifying satisfactory completion and performance of the works. The Railways reserves the right to verify the correctness of such facts in whatever manner it considers fit and appropriate.

d) The tenderer should also enclose Bank-certificate(s) showing the financial capability of the tenderer to undertake work of such magnitude as is covered by this tender, without which the Railways reserves the right to treat the tenderer as having no financial capability to undertake this tendered work.

19. OPENING OF TENDER: Tenders will be opened on the date and time mentioned in chapter-II, online using the IREPS portal. No representative is required to be present for opening of tender and taking notes of rates quoted and ranking as the complete details of rates etc. of all the bidders shall be available to the bidders in the website after the opening of the tender. The date and time of opening of the tender may be postponed at the sole discretion of the Railways, if circumstances so warrant.

20. CLARIFICATION OF BIDS SUBMITTED: To assist in the examination, evaluation and

comparison of tenders, the Railway or its authorized person may ask the tenderer(s) for



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clarification(s), if needed, for such examination, evaluation and comparison. The request for

such clarification etc and the response thereof shall be in writing.

21. NEGOTIATION: (a) The accepting authority reserve the right to enter into negotiations with the L-1 or more (in

special case) tenderer(s) before acceptance of the tender in order to clarify special conditions or reduction of rates or for changes in scope of the work etc, at its sole discretion.

(b) L-1 should be defined as the lowest, valid, eligible and technically acceptable tenderer. (c) Should such negotiation with the tenderer(s) be entered into, the tenderer(s) shall not be

permitted to increase their quoted rates under any circumstances, even if it includes withdrawal / modification of such special conditions as are given by the tenderer(s) along with their original tender.

22. RIGHT OF RAILWAY TO DEAL WITH TENDERERS: The Railways reserves the right of not to invite tenders for any of Railways work or works or to invite open or limited tenders and when tenders are called to accept a tender in whole or in part or reject any tender or all tenders without assigning reasons for any such action.

23. LETTER OF ACCEPTANCE: (a) The acceptance of the tender shall be communicated by e-mail/mobile no. as given by the

tenderer in these tender documents. The letter of acceptance will remain operative till a formal Contract/Agreement is executed and signed by and between the Contractor and competent officer of the Railway, for and on behalf of the President of India, after which the letter of acceptance will merge in the said formal agreement.

(b) The Railway shall not intimate to the tenderer whose tenders have not been accepted and

the result of their tender(s). However, Earnest Money will be refunded as per rules.

24. Care in submission of tender:

(a) (i) Before submitting a tender, the tender will be deemed to have satisfied himself by actual inspection of the site and locality of the works, that all conditions liable to be encountered during the execution of the works are taken in to account and that the rates he enters in the tender forms are adequate and all inclusive to accord with the provisions in clause - 37 of the Standard General Conditions for the completion of works to the entire satisfaction of the Engineer.

(ii) Tenderers will examine the various provisions of The Central Goods and Services Tax Act, 2017(CGST) / Integrated Goods and Services Tax Act, 2017/ Union Territory Goods and Services Tax Act, 2017(UTGST)/ respective state’s State Goods and Services Tax Act (SGST) also, as notified by Central /State Govt & as amended from time to time and applicable taxes before bidding. Tenderers will ensure that full benefit of input Tax Credit (ITC) likely to be availed by them is duly considered while quoting rates.

(iii) The successful tenderer who is liable to be registered under CGST /IGST/ UTGST/SGST Act shall submit GSTIN along with other details required under CGST/IGST/UTGST/SGST Act to railway immediately after the award of contract, without which no payment shall be released to the contractor . The contractor shall be responsible for disposition of applicable GST to the concerned authority.

(iv) In case the successful tenderer is not liable to be registered under GST/IGST/UTGST/SGST Act , the railway shall deduct the applicable GST from his/ their bills under reverse charge mechanism (RCM) and deposit the same to the concerned authority.

(b) When work is tendered for by a firm or company of contractors, the tender shall be signed by the individual legally authorized to enter into commitments on their behalf.

(c) The Railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however, recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

Signature of Tenderer(s) Date: ...............................

Witness:

Rail Coach Factory, Raebareli

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Chapter-III Annexure-I

DETAILS OF WORK AWARDED TO THE TENDERER DURING LAST FIVE YEARS

S. No.

Name of work

Nature of work & Brief Description

Name & Address of the Client/ Department

Letter of Acceptance/ Contract No.

Contract Value in Lakh of Rupees

Date of Award of Contract

Date of Completion of Contract


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Chapter- III Annexure-II

DECLARATION REGARDING ASSOCIATION OF RLY. OFFICER(S)/RETIRED RLY. OFFICER(S) WITH TENDERER(S)

Sl.No.

Name Status with the tenderer

If working in Rly on the date of tendering, designation & place of posting

Date of retirement

Status at retirement

Particulars of permission taken for associating with the tenderer

SIGNATURE OF TENDERER(s)

Annexure-III CERTIFICATE OF NO RELATIVE BEING AN EMPLOYEE OF MCF/RBL

I/WE THE UNDER SIGNED HEREBY SOLEMNLY DECLARE AND CERTIFY THAT I /WE DO NOT HAVE ANY OF OUR RELATIVE/RELATIVES EMPLOYED IN THE MCF/RBL (Mechanical Department/Any other department of MCF/RBL) EXCEPT THE NAMES MENTIONED HEREIN UNDER: 1…………………………………………………….. 2…………………………………………………….. 3……………………………………………………... AND SO ON. NOTE:- NAMES, DESIGNATION, NAME OF OFFICE, HEADQUARTER OF THE

TENDERER’S RELATIVE IN MCF (Mechanical Department/ Any other department of MCF/RBL) TO BE MENTIONED BY THE TENDERER/TENDERERS IN 1, 2, 3 AND SO ON ABOVE. SIGNATURE OF TENDERER(s)

Note:- Please read the Clause 08 of chapter-3 carefully and upload this annexure on www.ireps.gov.in after filling.



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Chapter-III

Annexure-IV Statement of Deviations

S. No.

Clause/Chapter/Para Deviation Remarks

Note:- Please read the Clause 12 of chapter-III carefully and upload this annexure on www.ireps.gov.in after filling this statement.



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Chapter-IV CONDITIONS OF THE CONTRACT (General)

General obligations: 1. (1) Execution Co-Relation and intent of contract Documents: The contract documents

shall be signed in triplicate by the Railways and the Contractor. The contract documents are complementary and what is called for by anyone shall be as binding as if called for by all, the intention of the documents is to include all labour and materials, equipments and transportation necessary for the proper execution of work. Materials or works not covered by or properly inferable from any heading or class of the specifications shall not be supplied by the Railway to the Contractors unless distinctly specified in the contract documents. Materials or works described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognised 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 Predecessor 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 contract shall, notwithstanding any things 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 Railways had been parties thereto from the date of this contract.

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

3. 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 Engineer 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 Engineer 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.

4. Communications to be in writing: All notices, communications, reference and complaints made by the Railway or the Engineer or the Engineer's Representative or the Contractor interse concerning the works shall be in writing and no notice, communication, reference or complaint not in writing shall be recognized.

5. Service of Notices on Contractors: The Contractor shall furnish to the Engineer 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 authorised 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 course of 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 Engineer.

6. Occupation and use of Land: No land belonging to or in the possession of the Railway shall be occupied by the Contractor without the permission of the Railway. The Contractor shall not use, or allow to be used; the site for any purposes other than that of executing the works. Whenever non-Railway bodies/persons are permitted to use Railways premises with competent authority’s approval, conservancy charges as applicable from time to time may be levied.


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7. Assignment or subletting of contract: The Contractor shall not assign or sublet the contract or any part thereof or allow any person to become interested therein any manner whatsoever without the special permission in writing of the Railway. Any breach of this condition shall entitle the Railway to rescind the contract under clause 62 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 personal 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 between the sub-Contractor and the Railway and shall not relieve the Contractor of any responsibility under the Contract.

8. Assistance by the Railway for the Stores to be obtained by the Contractor: Owing to difficulty in obtaining certain materials (including Tools & Plant) in the market, the Railway may have agreed without any liability therefore to endeavour to obtain or assist the Contractor in obtaining the required quantities of such materials as may be specified in the Tender. In the event of delay or failure in obtaining the required quantities of the aforesaid material the Contractor shall not be deemed absolved of his own responsibility and shall keep in touch with the day to day position regarding their availability and accordingly adjust progress of works including employment of labour and the Railway shall not in any way be liable for the supply of materials or for the non supply thereof for any reasons whatsoever nor for any loss or damage arising in consequence of such delay or non supply.

9. Railway Passes or Concession: a. No free Railway passes shall be issued by the Railway to the Contractor or any of his

employee/worker. b. No forwarding orders shall be issued by the Railway for the conveyance of Contractor's

materials, tools and plant by Rail which may be required for use in the works and the Contractor shall pay full freight charges at public tariff rates therefore.

10. Indemnity by Contractors: The Contractor shall indemnify and save harmless the Railway from and against all actions, suit proceedings losses, costs, damages, charges, claims and demands of every nature and description brought or recovered against the Railway by reason of any act or omission of the Contractor, his agents or employees, in the execution of the works or in his guarding of the same. All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation to be applied to the actual loss or damage sustained, and whether or not any damage shall have been sustained.

11. Security Deposit: 11.1 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 percentage deduction from the Contractor's "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.

11.2 Recovery of Security Deposit: Unless otherwise specified in the special conditions, if any, the Security Deposit/rate of recovery/mode of recovery shall be as under:

(a) Security Deposit for each work should be 5% of the contract value, (b) The rate of recovery should be at the rate of 10% of the bill amount till the full security

deposit is recovered, (c) Security Deposits 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 (except Note (ii) below); FD etc. shall be accepted towards Security Deposit.

Security Deposit shall be returned to the Contractor after the expiry of the maintenance period in all the cases other than Note (i) mentioned below and after passing the final bill based on No Claim Certificate with the approval of the Competent Authority. The


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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.

Note- (i) After the work is physically completed, Security Deposit recovered from the running bills

of a Contractor can be returned to him, if he so desires, in lieu of FDR/irrevocable Bank Guarantee for equivalent amount to be submitted by him.

(ii) In case of contracts of value Rs. 50 crore and above, irrevocable Bank Guarantee can also be accepted as a mode of obtaining Security Deposit.

11.3 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 (1) of this clause will be payable with interest accrued thereon.

12. Performance Guarantee (P.G): The procedure for obtaining Performance Guarantee is outlined below:

a. The successful bidder shall have to submit a Performance Guarantee (PG) within 30 (thirty) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 30 (thirty) days and up to 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 15% per annum shall be charged for the delay beyond 30 (thirty) days, i.e. from 31st day after the date of issue of LOA. In case the Contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any payable against that contract. The failed Contractor shall be debarred from participating in re-tender for that work.

b. The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% of the contract value:

(i) A deposit of Cash; (ii) Irrevocable Bank Guarantee; (iii) Government Securities including State Loan Bonds at 5% below the market value; (iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds.

These forms of Performance Guarantee could be either of the State Bank of India or of any of the Nationalized Banks;

(v) Guarantee Bonds executed or Deposits Receipts rendered by all Scheduled Banks; (vi) A Deposit in the Post Office Saving Bank; (vii) A Deposit in the National Savings Certificates; (viii) Twelve years National Defence Certificates; (ix) Ten years Defence Deposits; (x) National Defence Bonds and (xi) Unit Trust Certificates at 5% below market value or at the face value whichever is less. Also, FDR in favour of FA & CAO (free from any encumbrance) may be accepted. NOTE: The instruments as listed above will also be acceptable for Guarantees in case of

Mobilization Advance. (c) The Performance Guarantee shall be submitted by the successful bidder after the Letter

of Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G. shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work gets extended, the contractor shall get the validity of P.G. extended to cover such extended time for completion of work plus 60 days.

(d) The value of PG to be submitted by the, contractor will not change for variation upto 25% (either increase or decrease). In case during the course of execution, value of the contract increases by more than 25% of the original contract value, an additional Performance Guarantee amounting to 5% (five percent) for the excess value over the original contract value shall be deposited by the contractor.


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On the other hand, if the value of contract decreases by more than 25% of the original contract value, Performance Guarantee amounting to 5% (five percent) of the decrease in the contract value shall be returned to the contractor. The PG amount in excess of required PG for decreased contract value, available with Railways, shall be returned to contractor as per their request duly safeguarding the interest of Railways.

The procedure to release “Excess PG available with Railways with respect to required PG for decreased contract value” will be as under- (i) Contractor shall submit his request to release current PG, along with

submission of a revised PG of requisite amount as notified/communicated by Railways, in any of the forms as per clause 12 above except in cases where earlier PG has been submitted either in cash or demand draft.

(ii) Railway shall duly verify and confirm the genuinity of revised PG as per concurrent guidelines.

(iii) After confirmation regarding genuinity of revised PG of requisite value, earlier PG can be released.

(iv) In cases where current PG is either in cash or demand draft, the ‘Excess PG available with Railways with respect to required PG for decreased contract value’ shall be released duly considering the request of contractor.

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based on 'Completion Certificate' issued by the competent authority stating that the contractor has completed the work in all respects satisfactorily. The Security Deposit shall, however, be released only after expiry of the maintenance period and after passing the final biII based on 'No Claim Certificate' from the contractor.

(f) Whenever the contract is rescinded, the Security Deposit shall be forfeited and the Performance Guarantee shall be encashed. The balance work shall be got done independently without risk & cost of the failed Contractor. The failed Contractor shall be debarred from participating in the tender for executing the balance work. If the failed Contractor is a JV or a Partnership firm, then every member/partner of such a firm shall be debarred from participating in the tender for the balance work in his/her individual capacity or as a partner of any other JV/partnership firm.

(g) The Engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and/or without prejudice to any other provisions in the contract agreement) in the event of:

(i) Failure by the Contractor to extend the validity of the Performance Guarantee as described herein above, in which event the Engineer may claim the full amount of the Performance Guarantee.

(ii) Failure by the Contractor to pay President of India any amount due, either as agreed by the Contractor or determined under any of the Clauses/Conditions of the Agreement, within 30 days of the service of notice to this effect by Engineer.

(iii) The contract being determined or rescinded under provision of the GCC, the Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India. {Ref.: Item-l to Railways Board's letter no. 2007/CE.I/CT/18 Pt.XII, dated 31.12.2010} {Ref.: Item-l & .2 to Railways Board's letter no. 2016/CE-I/CT/1/PG, dated 27.06.2016}

13. Bank guarantee to be submitted in the format enclosed as Annexure-I of Chapter-IV. 14. 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 obligation under this contract shall be prevented or delayed by reason of any war, hostility, acts of public enemy, civil commotion, sabotage, serious loss or damage by fire, explosions, epidemics, strikes, lockouts or acts of God (hereinafter, referred to events) provided, notice of the happening of any such event is given by either party to the other within 30 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 damages against the other in respect of such non-performance of delay in performance, and works under the contract shall be


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resumed as soon as practicable after such event has come to an end or ceased to exist, and the decision of the Engineer as to whether the works have been so resumed or not shall be final and conclusive, PROVIDED FURTHER that if the performance in whole or in part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 120 days, either party may at its option terminate the contract by giving notice to the other party.

14-A Extension of time in Contracts: Subject to any requirement in the contract as to

completion of any portions or portions of the works before completion of the whole, the Contractor shall fully and finally complete the whole of the works comprised in 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 terms of the following clauses:-

(i) Extension due to modification: If any modifications have been ordered which in the opinion of the Engineer have materially increased the magnitude of the work, then such extension of the contracted date of completion may be granted as shall appear to the Engineer 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 and in any case not less than one month before the expiry of the date fixed for completion of the works.

(ii) Extension for delay not due to Railway or Contractor: If in the opinion of the Engineer, the progress of work has any time been delayed by any act or neglect of Railway's employees or by other Contractor employed by the Railway under sub-clause (4) of clause 20 of GCC or in executing the work not forming part of the contract but on which Contractor's performance 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 delay authorized by the Engineer pending arbitration or in consequences of the Contractor not having received in due time necessary instructions from the Railway for which he shall have specially applied in writing to the Engineer or his authorized representative then upon happening of any such event causing delay, the Contractor shall immediately give notice thereof in writing to the Engineer 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 Engineer to proceed with the works. 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 Engineer 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) Extension for delay due to Railways: In the event of any failure or delay by the Railway to hand over the Contractor possession of the lands 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 Railway due to any other cause whatsoever, then such failure or delay shall in no way affect or vitiate the contract or alter the character thereof or entitle the Contractor to damages or compensation therefore, but in any such case, the Railways may grant such extension or extensions of the completion date as may be considered reasonable.

14-B Extension of time for delay due to Contractor: The time 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 the works must be completed no later than the date(s) as specified in the contract. If the Contractor fails to complete the works within the time as specified in the contract for the reasons other than the reasons specified in Clause 17 and 17–A of GCC, the Railways may, if satisfied that the works can be completed by the Contractor within reasonable short time thereafter, allow the Contractor for further


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extension of time (Performa at Annexure-VII) as the Engineer 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 a sum equivalent to 1/2 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 value of work as per contract agreement including any supplementary work order/contract agreement issued. Provided also, that the total amount of liquidated damages under this condition, shall not exceed the under noted percentage value or of the total value of the item or groups of items of work for which a separate distinct completion period is specified in the contract. (i) For contract value up to Rs. 2 lakh - 10% of the total value of the contract. (ii) For contracts valued above Rs. 2 lakh - 10% of the first Rs.2 lakh and the 5% of the

balance. Further, competent authority while granting extension to the currency of contract under clause 17 (B) of GCC may also consider levy of token penalty, as deemed fit based on the merit of the case. Provided further, that if the Railway is not satisfied that the works 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 Railway shall be entitled without prejudice to any other right or remedy available in that behalf, to appropriate the Contractor's Security Deposit and rescind the contract under clause 62 of GCC, whether or not actual damage is caused by such default.

15.(1) Illegal Gratification: Any bribe, commission, gift or advantage given, promised or offered by or on behalf to the Contractor or his partner, agent or servant or, anyone 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 this or any other contract with the Railway shall, in addition to any criminal liability which he may incur, subject Contractor to the rescission of the contract and all other contracts with the Railway and to the payment of any loss or 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 contracts 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 of the Railway and if he shall do so, the Railway shall be entitled forthwith to rescind the contract and all other contracts with the 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 whatsoever except payments for the work done up to the date of rescission.

16. Recovery of Income Tax: Income Tax will be recovered as per statutory provisions. 17. Recovery of Sales Tax: For the work executed in the State of UP, Sales Tax and any

other statutory taxes, levies on Works Contract will be recovered at the source from the Gross amount of each bill of the contractor as applicable.

(1) Contractor's understanding: It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation 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 works, the general and local conditions, the labour conditions prevailing therein and all other matters which can in any way affect the works under the contract.

(2) Commencement of Work: The Contractor shall commence the works within 15 days after the receipt by him of an order in writing to this effect from the Engineer and shall proceed with the same with due expedition and without delay.


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(3) Setting Out of Works: The Contractor shall be responsible for the correct setting out of all works in relation to original points, lines and levels of reference at his cost. The Contractor shall execute the work true to alignment, grade, levels and dimensions as shown in the drawing and as directed by the Engineer's representative and shall check these at frequent intervals. The Contractor shall provide all facilities like labour and instruments and shall co-operate with the Engineer's representative to check all alignment, grades, levels and dimensions. If, at any time, during the progress of the works any error shall appear or arise in any part of the work, the Contractor, on being required so to do by the Engineer's representative shall, at his own cost rectify such errors, to the satisfaction of the Engineer's representative. Such checking shall not absolve the Contractor of his own responsibility of maintaining accuracy in the work. The Contractor shall carefully protect and preserve all bench marks, sight rails, pegs and other things used in setting out the work.

18. Agreement: (i) The Tenderer whose tender is accepted shall be required to appear in person at the office

of the Dy. CME/Fur., a duly authorized representative shall so appear and execute the contract documents within 7 days after notice that the contract has been awarded to him. Failure to do so shall constitute a breach of the agreement affected by the acceptance of the tender in which case the full value of the Earnest Money accompanying the tender shall stand forfeited without prejudice to any other rights or remedies.

(ii) The Performance Guarantee shall be submitted by the successful bidder after the letter of acceptance has been issued, but before signing of the agreement. The agreement should normally be signed within 30 (Thirty) days after the issue of LOA and the Performance Guarantee shall also be submitted within this time limit.

19.(1) Compliance to Engineers Instructions: The Engineer shall direct the order in which the several parts of the works shall be executed and the Contractor shall execute without delay all orders given by the Engineer 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) Alterations to be authorized: No alterations in or additions to or omissions or abandonment of any part of the works shall be deemed authorised, except under instructions from the Engineer, and the Contractor shall be responsible to obtain such instructions in each and every case in writing from the Engineer.

(3) Extra works: Should works over and above those included in the contract require 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 Railways shall have the right to let other contracts in connection with the works. The Contractor shall afford other Contractors reasonable opportunity for the storage of their materials and the execution of their works and shall properly connect and coordinate his work 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 Engineer any defects in such works that render it unsuitable for such proper execution and results. The Contractor's failure so-to inspect and report shall constitute an acceptance of the other Contractor's 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. Instruction of Engineer's Representative: Any instructions or approval given by the Engineer's representative to Contractor in connection with the works shall bind the Contractor as through it had been given by the Engineer provided always as follows:-

(a) Failure of the Engineer's representative to disapprove any work or materials shall not prejudice the power of the Engineer thereafter to disapprove such work or material and to order the removal or breaking up thereof.

(b) If the Contractor shall be dissatisfied by reason of any decision of the Engineer's representative, he shall be entitled to refer the matter to the Engineer who shall there upon confirm or vary such decision.


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21. (1) Adherence to specifications and drawings: The whole of the works shall be executed in perfect conformity with the specifications and drawings of the contract. If Contractor performs any works in a manner contrary to the specifications or drawings or any of them and without such reference to the Engineer he shall bear all the costs arising or ensuing there from and shall be responsible for all loss to the Railway.

(2) Drawings and specifications of the works: The Contractor shall keep one copy of Drawings and Specifications at the site, in good order, and such contract documents as may be necessary, available to the Engineer or the Engineer's Representative.

(3) Ownership of drawings and specifications: All Drawings and Specifications and copies thereof furnished by the Railway to the Contractor are deemed to be the property of the Railway. They shall not be used on other works and with the exception of the signed contract set, shall be returned by the Contractor to the Railway on completion of the work or termination of the Contract.

(4) Compliance with Contractor's request for details: The Engineer shall furnish with reasonable promptness, after receipt by him of the Contractor's request for the same, additional instructions by means of drawings or otherwise, necessary for the proper execution of the works or any part thereof. All such drawings and instructions shall be consistent with the Contract Documents and reasonably inferable there from.

(5) Meaning and intent of specification and drawings: If any ambiguity arises as to the meaning and intent of any portion of the Specifications and Drawings or as to execution or quality of any work or material, or as to the measurements of the works the decision of the Engineer thereon shall be final subject to the appeal (within 7 days of such decision being intimated to the Contractor) to the Chief Engineer who shall have the power to correct any errors, omissions, or discrepancies in aforementioned items and whose decision in the matter in dispute or doubt shall be final and conclusive.

22. Scope of Work & Payments Thereof: (a) The Railway reserves the right to get the work executed in the best and most economical

manner, and may add or may not operate any item(s) of work(s) as the Railways may consider fit.

(b) The Railway reserves the right to increase or decrease the scope of work and/or not to operate any one or more of the item(s) or work(s) of any one or more of the various Schedules. It is the responsibility of the Contractor to ascertain from the Engineer-in charge, the items to be operated with their actual quantities before making any arrangements(s) for taking up work under the item(s). No claim, whatsoever, from the Contractor will be entertained for non-operation of any of the item(s) or for variation in quantity of any of the item(s).

(c) The payment shall be made on the basis of actual quantities executed under various item(s) and the accepted rates thereof, and not on the quantities mentioned in the various schedules, up to normal variation of agreement quantity.

23. Variations in quantities during execution of works contracts: The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts:

1. Individual NS items in contracts shall be operated with variation of plus or minus 25% and payment would be made as per the agreement rate. For this, no finance concurrence would be required.

2. In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh tender for operating that item is considered not practicable, quantity of that item may be operated in excess of 125% of the agreement quantity subject to the following conditions:

(a) Operation of an item by more than 125% of the agreement quantity needs the approval of an officer of the rank not less than S.A. Grade;

(i) Quantities operated in excess of 125% but up to 140% of the agreement quantity of the concerned item, shall be paid at 98% of the rate awarded for that item in that particular tender;


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(ii) Quantities operated in excess of 140% but up to 150% of the agreement quantity of the concerned item shall be paid at 96% of the rate awarded for that item in that particular tender;

(iii) Variation in quantities of individual items beyond 150% will be prohibited and would be permitted only in exceptional unavoidable circumstances with the concurrence of associate finance and shall be paid at 96% of the rate awarded for that item in that particular tender.

(b) The variation in quantities as per the above formula will apply only to the Individual items of the contract and not on the overall contract value.

(c) Execution of quantities beyond 150% of the overall agreement value should not be permitted and, if found necessary, should be only through fresh tenders or by negotiating with existing Contractor, with prior personal concurrence of FA&CAO/ FA&CAO(C) and approval of General Manager.

3. In cases where decrease is involved during execution of contract: (a) The contract signing authority can decrease the items up to 25% of individual item without

finance concurrence. (b) For decrease beyond 25% for individual items or 25% of contract agreement value, the

approval of an officer not less than rank of S.A. Grade may be taken, after obtaining 'No Claim Certificate' from the Contractor and with finance concurrence, giving detailed reasons for each such decrease in the quantities.

(c) It should be certified that the work proposed to be reduced will not be required in the same work.

4. The limit for varying quantities for minor value items shall be 100% (as against 25% prescribed for other items). A minor value item for this purpose is defined as an item whose original agreement value is less than 1% of the total original agreement value.

5. No such quantity variation limit shall apply for foundation items. 6. As far as SOR items are concerned, the limit of 25% would apply to the value of SOR

schedule as a whole and not on individual SOR items. However, in case of NS items, the limit of 25% would apply on the individual items irrespective of the manner of quoting the rate (single percentage rate or individual item rate).

7. For the tenders accepted at Zonal Railways level, variations in the quantities will be approved by the authority in whose powers revised value of the agreement lies.

8. For tenders accepted by General Manager, variations up to 125% of the original agreement value may be accepted by General Manager.

9. For tenders accepted by Board Members and Railway Ministers, variations up to 110% of the original agreement value may be accepted by General Manager.

10. The aspect of vitiation of tender with respect to variation in quantities should be checked and avoided. In case of vitiation of the tender (both for increase as well as decrease of value of contract agreement), sanction of the competent authority as per single tender should be obtained. {Authority: (1) Item-9 to Railway Board's letter no. 2007ICE-I/CT/18, dated 28.09.2007 (2) Item-2 to Railway Board's letter no. 2007 ICE.I/CT 18 Pt.XII, dated 31.12.2010 (3) Railway Board's letter no. 2007ICE-I/CT/18/Pt.XII, dated 08.07.2016.

24. Provision of Efficient and Competent Staff: a. The Contractor shall place and keep on the works at all times efficient and competent staff

to give the necessary directions to his workmen and to see that they execute their work in sound and proper manner and shall employ only such supervisors, workmen and labourers in or about the execution of any of these works as are careful and skilled in the various trades.

b. The Contractor shall at once remove from the works any agents, permitted sub-contractor, supervisor, workman or labourer who shall be objected to by the Engineer and if and whenever required by the Engineer, he shall submit a correct return showing the names of all staff and workmen employed by him.

c. In the event of the Engineer being of the opinion that the Contractor is not employing on the works a sufficient number of staff and workmen as is necessary for proper completion of the works within the time prescribed, the Contractor shall forthwith on receiving


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intimation to this effect deploy the additional number of staff and labour specified by the Engineer within seven days of being so required and failure on the part of the Contractor to comply with such instructions will entitle the Railway to rescind the contract under Clause 62 of Indian Railways GCC.

25. Deployment of Qualified Engineers by the Contractor: 1. The Contractor shall also employ Qualified Graduate Engineer or Qualified Diploma

Holder Engineer, based on value of contract, as may be prescribed by the Ministry of Railways through separate instructions from time to time.

2. In case the Contractor fails to employ the Engineer, as in Para 26A.1 of GCC, he shall be liable to pay penalty at the rates, as may be prescribed by the Ministry of Railways through separate instructions from time to time for the default period for the provisions, as contained in Para 26A.1 of GCC.

3. Number of qualified engineers required to be deployed by the Contractor for various activities contained in the works contract shall be specified in the tender documents as ‘special condition of contract’ by the tender inviting authority.” {Authority: Railway Board’s letter no. 2012/CE-I/CT/O/20, New Delhi, Dated 10.05.2013}

26. Price Variation Clause (PVC): (Not applicable). 27. Payment of Advances to Contractors: (Not Applicable). 28. Electric supply: a) Contractor to arrange supply of Electric power for works - Unless otherwise provided

in the Contract, the Contractor shall be responsible for arrangements to obtain supply of Electric Power for the works.

(b) Electric supply from the Railway system:- The Railway may supply to the Contractor part or whole of the electric power wherever available and possible, required for execution of works from the Railway's existing electric supply systems at or near the site of works on specified terms and conditions and such charges as shall be determined by the Railway and payable by the Contractor provided the cost of arranging necessary connections to the Railway's Electric Supply systems, and laying of underground/overhead conductor, circuit protection, electric power meters, transmission structure, shall be borne by the Contractor and that the Contractor shall not be entitled to any compensation for interruption or failure of the Electric supply system.

29. 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 employees directly or through petty contractors or subcontractors employed by him on road construction or in building operations or in stone breaking or stone crushing for the purpose of carrying out this contract. If, in compliance with the terms of the contract, the Contractor supplied any labour to be used wholly or partly under the direct orders and control of the Railways 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 moneys shall, as a result of any claim or application made under the said Act be directed to be paid by the Railway, such money shall be deemed to be moneys payable to the Railway by the Contractor and on failure by the Contractor to repay the Railway any moneys paid by it as aforesaid within seven days after the same shall have been demanded, the Railways shall be entitled to recover the same form any moneys due or accruing to the contractor under this or any other Contract with the Railways.

(a) Provisions of payments of Wages Act: The Contractor shall comply with the provisions of the Payment of Wages Act, 1936 and the rules made there under in respect of all employees directly or through petty contractors or sub-contractors employed by him in the works. If in compliance with the terms of the contract, the Contractor directly or through petty contractors or sub-contractors shall supply any labour to be used wholly or partly under the direct orders and control of the Engineer whether in connection with the works to be executed hereunder or otherwise for the purpose of the Engineer, such labour shall never the less be deemed to comprise persons employed by the Contractor and any moneys which may be ordered to be paid by the Engineer shall be deemed to be moneys


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payable by the Engineer on behalf of the Contractor and the Engineer 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 the Contractor (whether under this contract or any other contract) all moneys paid or payable by the Railway by way of compensation of aforesaid or for costs of expenses in connection with any claim thereto and the decision of the Engineer upon any question arising out of the effect or force of this clause shall be final and binding upon the Contractor.

(i) Provisions of Contract Labour (Regulation and Abolition) Act, 1970: The Contractor shall comply with the provision of the contract labour (Regulation and Abolition) Act, 1970 and the Contract labour (Regulation and Abolition) Central Rules 1971 as modified from time to time, wherever applicable and shall also indemnify the Railway from and against any claims under the aforesaid Act and the Rules.

(ii) The Contractor shall obtain a 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 the requirement shall attract the penal provision of the Contract arising out of the resultant non-execution of the work.

(iii) The Contractor shall pay to the labour employed by him directly or through subcontractors the wages as per provision of the aforesaid Act and the Rules wherever applicable. The Contractor shall notwithstanding the provisions of the contract to the contrary, cause to be paid the wages to labour indirectly engaged on the works including any engaged by sub-contractors in connection with the said work, 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 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 on account of the Contingent, liability of the Railway due to the contractor's failure to fulfill his statutory obligations under the aforesaid Act or the rules, 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 rights of the Railway under the Section 20, Sub-Section (2) and Section 2, Sub-Section (4) of the 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 it under Sub-Section (1) of Section 20 and Sub-Section (4) of Section 21 of the aforesaid Act except on the written request of the Contractor and upon his giving to the Railway full security for all costs 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.

(b) Provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952: The Contractor shall comply with the provisions of Para 30 & 36-B of the Employees Provident Fund Scheme, 1952; Para 3 & 4 of Employees’ Pension Scheme, 1995; and Para 7 & 8 of Employees Deposit Linked Insurance Scheme, 1976; as modified from time to time through enactment of ”Employees Provident Fund & Miscellaneous Provisions Act, 1952”, wherever applicable and shall also indemnify the Railway from and against any claims under the aforesaid Act and the Rules. {Authority: Railway Board’s letter no. 2012/CE-I/CT/O/22, dated 14.12.2012}

30. Reporting of Accidents to Labour: The Contractor shall be responsible for the safety of all employees directly or through petty contractors or sub-contractor employed by him on the works and shall report serious accidents to any of them however and wherever occurring on the works to the Engineer or the Engineers Representative and shall make every arrangements to render all possible assistance. The Contractor shall be fully responsible for accidents caused due to his or his agents or workmen’s negligence or carelessness in regard to the observance of the safety


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requirements and shall be liable to pay compensation. If any labour is injured, the Contractor shall immediately arrange for FIRST AID and further make arrangements for medical treatment by registered Medical Practitioner at his own cost. If the Contractor fails to arrange medical assistance, the case will be referred to Railway Medical authorities and the treatment cost will be recovered from the bills due to the Contractor.

31. Railways not to provide quarters for Contractors: No quarters 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, recoveries shall be made at such rates as may be fixed by the Railway for the full rent of the buildings and equipments therein as well as charges for electric current, water supply and conservancy.

32. Compliance to rules for employment of Labour: The Contractor(s) shall conform to all laws, bye-laws rules and regulations for the time being in force pertaining to the employment of local or imported labour and shall take all necessary precautions to ensure and preserve the health and safety of all staff employed directly or through petty Contractors or Sub-Contractors on the works.

33. Preservation of peace: The Contractor shall take requisite precautions 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 contractors or sub-contractors 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 the Railway requiring the maintenance of a special Police Force at or in the vicinity of the site during the tenure of works, the expenses thereof shall be borne by the Contractor and if paid by the Railway shall be recoverable from the Contractor.

34. Statutory Levies: Any statutory levies imposed by the State or Central Government from time to time during the currency of the contract shall be borne by the Contractor.

35. If the contractor be delayed at any time in the progress of the works by any act of the Administration or by any other contractor employed by the Administration or by any causes beyond the contractor's control then the time of completion of the works may be extended for such extension of time granted by the Administration shall in no way affect or vitiate the contract or alter the character thereof or entitle the contractor to damages or compensation thereof. Moreover earnest money which is submitted by contractor with tender document is liable to be forfeited.

36. Arbitration: In the event of any dispute or difference between the Contractor and Railways the arbitration proceedings will be carried out as per Indian Railway’s ‘General Conditions of Contract’.

37. Environmental Protection: The Contractor shall ensure that all Environment Protection Laws of Central and State government are scrupulously followed during the operations and waste disposal.

38. The Contractor shall take all precautionary safety steps to prevent any untoward incident inside the Railways premises. The contractor shall note that no compensation due to any loss of life/material or any other account shall be given by the Railways and contractor shall have to pay all compensation in case of any accident, injury to the labour.

39. Errors, Omissions and Discrepancies: The tenderer(s) shall not take advantage of any misinterpretation of the conditions due to typing or any other error and if any doubt shall bring it to the notice of the Engineer without delay in case of any contradiction. Only the printed rules and books should be followed and no claim for the misinterpretation shall be entertained.

40. Determination of Contract and Settlement of Disputes: The determination, Termination and settlement of disputes will dealt as applicable clauses of GCC of Indian Railways.

41. In addition to conditions mentioned in this tender document, The GCC of Indian Railways and amendments /corrections made there on time to time, will also be applicable.

Signature of Tenderer(s) Date: _______________ Witness:


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Performa of 7 Days Notice

REGISTERED POST A.D. -------- RAILWAYS

(WITHOUT PREJUDICE)

To M/s………………………………. ……………………………………. ------------------------------------------- Dear Sir, Contract Agreement No………………………………………………… In connection with …………………………..

1. In spite of repeated instructions to you by the subordinate offices as well as by this office in various letters of even no.………………………….., dated…………….; you have failed to start work/show adequate progress and/or submit detailed programme for completing the work.

2. Your attention is invited to this office letter No………..………………………,

Dated……………… in reference to your representation, dated……………….

3. As you have failed to abide by the instructions issued to commence the work/to show adequate progress of work you are hereby given 7 days’ notice in accordance with Clause 62 of General Conditions of Contract to commence works/ to make good the progress, failing which further action as provided in Clause 62 of the General Conditions of Contract viz. to terminate your Contract and complete the balance work without your participation will be taken.

Kindly acknowledge receipt. Yours faithfully, For and on behalf of the President of India


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Performa of 48 hrs Notice

REGISTERED POST A.D. ------------ RAILWAYS

(WITHOUT PREJUDICE)

To M/s………………………………. ……………………………………. ……………………………………. Dear Sir, Contract Agreement No………………………………………………… In connection with ………………………….. 1. Seven days’ notice under Clause 62 of General Conditions of Contract was given to you

under this office letter of even no., dated………..; but you have taken no action to commence the work/show adequate progress of the work.

2. You are hereby given 48 hours’ notice in terms of Clause 62 of General Conditions of Contract and on expiry of this period your above contract will stand rescinded and the work under this contract will be carried out independently without your participation and your security deposit shall be forfeited and Performance Guarantee shall also be encashed and consequences which may please be noted.

Kindly acknowledge receipt. Yours faithfully, For and on behalf of the President of India


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Performa of Termination Notice

REGISTERED POST A.D. ---------------- RAILWAYS

(Without Prejudice)

No. ……………………………….. Dated ………………. To M/s………………………………. ……………………………………. ……………………………………. Dear Sir, Contract Agreement No………………………………………………………. In connection with ……………………………………………………………..

Forty eight hours (48 hrs.) notice was given to you under this office letter of even no., dated………….; but you have taken no action to commence the work/show adequate progress of the work.

Since the period of 48 hours’ notice has already expired, the above contract stands

rescinded in terms of Clause 62 of General Conditions of Contract and the balance work under this contract will be carried out independently without your participation. Your participation as well as participation of every member/partner in any manner as an individual or a partnership firm/JV is hereby debarred from participation in the tender for executing the balance work and your security deposit shall be forfeited and Performance Guarantee shall also be encashed. Please acknowledge receipt. Yours faithfully,

For and on behalf of the President of India


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Chapter-IV

MODEL FORM OF BANK GURANTEE BOND

Bank Guarantee No. Date----------------- FA&CAO Modern Coach Factory, Raebareli Lalganj, UttarPradesh-229120

1. It consideration of the President of India acting through FA&CAO, Modern Coach Factory, Raebareli, Lalganj-229120 (herein after called “the Government”) having agreed to exempt --------------- (hereinafter called “the said Contractor’s) from the demand, under the terms and conditions of an Agreement/Acceptance letter No --------------------------- dated ______________ made between ________________ and___________ for_____________ (hereinafter called ”the said Agreement”) , of security for performance Guarantee for the due fulfillment by the said Contractor(s) of the terms and conditions contained in the said Agreement, on production of bank Guarantee for Rs. __________ (Rupees ________________only) we, ________________ (herein after referred to as “the Bank”, indicate the name of the bank) at the request of _______ (Contractor’s) do hereby undertake to pay to the Government an amount not exceeding Rs. ______________ against any loss or damage caused to or suffered or would be caused to or suffered by the Government by reason of any breach by the said Contractor(s) of any of the terms or conditions contained in the said Agreement.

2. We _______________________ (indicate the name of the bank) do hereby undertake to pay the amounts due, amount payable under this guarantee without any demur, merely on a demand from the Government stating that amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Government by reason of breach by the said contractor(s) of any of the terms or conditions contained in the said Agreement or by reason of the contractor(s) failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. ___________________________.

3. We _______________________ (indicate the name of the bank) under-take to pay to the Government any money so demanded notwithstanding any dispute or disputes raised by the contractor(s)/supplier(s) in any suite or proceeding pending before any court or Tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the contractor(s)/supplier(s) shall have no claim against us for making such payment.

4. We, _______________(indicate the name of the bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till _____________ Office / Department ) Ministry of Railways certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the ________________we shall be discharged from all liability under this guarantee thereafter.


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4A. Notwithstanding anything to the contrary contained herein the liability of the bank under guarantee will in force and effect until such time as the guarantee is discharged in writing by the government or until --------------------- (date completion) whichever is earlier and no claim shall be valid under this guarantee unless notice in writing thereof is given by the government within the date of aforesaid.

4B. Provided always that we _______________ (indicate the name of the bank) unconditionally undertakes or renew this guarantee or to extend the period of guarantee from year to year within two months before the expiry of the period of the extended period of the guarantee, as the case may be on being called upon to do so by the Government, however any extension request should come through the contractor and will be done at our discretion. If the guarantee is not renewed or the period extended on demand, we _______________ (indicate the name of the bank) shall pay the government the full amount of the guarantee on demand and without demur.

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

6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s)/Supplier(s).

7. We, ___________________lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Government in writing.

Date the ______________day of __________20

For _________________________________ (Indicate the name of the bank)


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Chapter–V

SCHEDULE OF RATES (TO BE FILLED IN BY THE TENDERER)

Tender No.:- M-200/PTG ELP/17-18, Due date-03.10.2017 Name of work:- Outsourcing work of estimate of cost for application of two component

epoxy high build Elastified top coat paint on LHB type coaches as per scope of work.

Approximate Cost: - Rs. 7,79,182.32 (Rs. Seven Lakh Seventy Nine Thousand One Hundred Eighty two and Thirty Two paisa only)

S.L.

Description Quantity Rate per Coach (in Rs.) Total Cost (in Rs.) In figure In words In figure In words

1. Schedule -“A” Application of two component Epoxy high build Elastified painting on under Frame bottom out side for all type of LHB coaches as per scope of work.

617 Coaches

2. Schedule -“B” Application of two component Epoxy high build Elastified painting in Interior of non AC LHB type coaches as per scope of work.

106 coaches

3. GST as applicable @18%

4. Discount if any

5. Grand Total In words : In Figure :

Declaration by the Bidder: This is to certify that I/We before signing this tender have read and fully understood all the terms and conditions contained therein and undertake myself/ourselves to abide by them. Note:

i) All the bidders/tenders should ensure that they are GST compliant and their quoted tax structure/rates are as per GST law.

ii) The Tenderer(s) shall quote his / their rates in the Schedule through Indian Railways portal www.ireps.gov.in and must tender for all the items shown in the Schedule.

iii) The rates quoted above are inclusive of all applicable taxes, uniform and PPE i.e. safety helmet, hand gloves, safety shoes & nose mask but exclusive of Service tax, exempted since it is coach manufacturing activity.

iv) Any overwriting/correction have to be attested/countersigned by the tenderer(s). The rate lower of the two shall be taken into account as final rate in any ambiguity.

v) There would be no increase in rates during the contract period except as per provision under the terms and conditions.

Name, Seal & Signature of Tenderer (s)

Date:


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Chapter- VI

SPECIAL TERMS AND CONDITIONS (Technical)

(A) SCOPE OF WORK Under this contract, the contractor shall be executing the Outsourcing work of estimate of cost for application of two component epoxy high build Elastified top coat paint on LHB type coaches as per scope of work as mentioned in chapter-VII of this document.

(B) FACILITIES TO BE PROVIDED BY RAILWAYS TO CONTRACTOR: The Contractor shall be provided, the following facilities during the operation of the Contract by the Administration near the site of work:-

a) Consumable items viz Compressed air, electricity for operating small tools and lighting

and water required for execution of work will be provided free of cost by MCF/RBL.

However, the firm may examine the actual site conditions for the last mile arrangements

which to be done by the firm for taking the compressed air and water from nearest tapping

point (of compressed air and water) provided by Railways to the site and quote keeping in

view these costs.

b) Railways will provide adequate space inside covered shed (not enclosed) subject to

maximum 50 Sq m free of cost to the Contractor for keeping the material & tools required

for day to day work. However, contractor shall have standard bins, Almirah etc for safety of

material, equipments and belongings.

(C) MISCELLANEOUS TERMS AND CONDITIONS 1. These special conditions of Contract shall govern the works done under this contract in

addition to and/or in part supersession of the "General Conditions of Contract" and specifications

2. Where any of the terms and conditions specified in these special conditions of Contract is at variance with any of the terms of the "General Conditions of the Contract", the special conditions will prevail.

3. Any special condition stated by the Contractor (s) in covering letter submitted along with the Contract shall be deemed as part of contract to such extent only as have explicitly been accepted by the Railway

4. Epoxy primer applied shell will be provided for Elastified top coat painting as per scope of work.

5. The contractor should be in a position to start the work immediately within 07 days after issuing of LOA.

6. All the consumables materials as indicated in respective schedules of scope of work shall be arranged by contractor.

7. The Contractor staff will wear proper uniform, hand gloves and shoes for easy identification, safety helmet, cotton cloth for cleaning and all other safety items/PPE etc. shall be provided by Contractor.

8. All the, masking and other consumables shall be arranged by Contractor. 9. All the machinery like Airless spray M/c/2K airless spray M/c & equipment with

spare required for execution of works shall be arranged by contractor. 10. The contractor should fulfill all liabilities and shall keep all the records specified in

CONTRACT LABOUR (REGULATION & ABOLITION) ACT-1970. Contractor will abide by the provision of MCF/RBL rules & regulations also.

11. Disposal of Wastes: The Contractor shall arrange for disposal of all waste paints, allied items, consumables etc. generated during the painting operations, at the nominated area in a safe and environment-friendly manner as per standard practices. Necessary steps such as lying of sheets to be done to protect floor and surrounding of application areas while painting are


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to be ensured. Firm/Contractor will clean area used if required. If Contractor fails to do above activities then penalty of Rs. 500/- per coach will be imposed.

12. Contractor will deploy dedicated staff along with supervisor Sunday and holidays, if required. The Contractor staff should be available at all duty times as required by MCF/RBL. The Contractor has to work as per requirement of MCF/RBL on Sundays/Holidays/Night shift etc.

13. Duty timings of MCF/RBL may be 8 working hours per day per Shift. Timings for contractor’s staff can be altered from that of MCF’s shift timings.

14. Contractor shall abide by all laws of the land including, factories act.1948, Labour Laws (ESI, PF BONUS Income Tax, Service Tax or any other extra taxes levied by the Government) Companies Act, TAX Deduction liabilities, Welfare measures of its employees and all other obligations that enjoin in such cases and are not essentially enumerated and defined herein, though any such onus if applicable shall be the exclusive responsibility of the Contractor, and it shall not involve the Railway in any way what-so ever.

15. The work has to be carried out in Modern Coach Factory, Rae Bareli premises and therefore every precaution shall be taken by Contractor to protect their labour. The Contractor shall adhere to all applicable Labour rules/laws including Workman compensation Act and other Laws. The Contractor must ensure that all workers working as a part of this contract are paid minimum wages as per Minimum Wage Act, revised from time to time. The Contractor shall be responsible for any dispute arising due to Labour Laws/rules and it shall be binding on Contractor to abide the decision of Labour commissioner in the matter. For any act of Contractor or in case of any dispute in making payment to any individual/organized body or institution, Railway shall not be liable for any payment in any condition.

16. No claim for idle labour and or idle machinery etc., on any account will be entertained. Similarly, no claim shall be entertained for business loss or any such loss.

17. The Contractor shall maintain proper record activity wise in the register which will be checked on daily basis by concerned supervisor of MCF. One experienced person for supervising work and co-ordination (apart from staff) with proper communication system (Mobile phone etc.) should be available at time of work in each shift.

18. GST, Water charges, Conservancy charges shall be charged as per extant rules as applicable from time to time and will be deducted from the bills of the Contractor.

19. The Contractor shall be fully responsible for accidents caused due to his or his agents or workmen’s negligence or carelessness in regard to the observance of the safety requirements and shall be liable to pay compensation. If any labour is injured, the Contractor shall immediately arrange for FIRST AID and further make arrangements for medical treatment by registered Medical Practitioner at his own cost. If the Contractor fails to arrange medical assistance, the case will be referred to Railway Medical authorities and the treatment cost will be recovered from the bills due to the Contractor.

20. The Contractor shall take all precautionary safety steps to prevent any untoward incident inside the Railway premises.

21. The Contractor shall comply with all statutory provisions applicable in this contract. 22. The Contractor shall note that no compensation for any loss of life/material or any other

account shall be given by the Railway and Contractor shall have to pay all compensation in case of any accident, injury to the labour.

23. The contractor should furnish complete details of the labour, proposed to be deployed with supervisor giving the working timing. The list of names of all labour along with supervisor should be submitted to the consignee before starting the work.

24. Contractor staff will not dump sweepings, garbage, used masking material; scrap generated during de-masking here and there it will be dumped in nominated bins/place. The contractor staff shall collect Empty paint containers (fully emptied /cleaned from paint material) and segregate them at nominated bins/place.

25. Staff and supervisors of the Contractor should have photo ID cards and should wear suitable uniform while working inside the workshop premises.

26. The contractor should submit Character Certificate of deployed man power from previous Institute/Gram Pardhan/ Chairman Municipality/Gazetted officer and Police Verification also.


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27. Wherever there is a conflict between the indicated specifications or drawings and the clause enshrined in Contract documents, the writ of Contract documents shall prevail.

28. The Contractor will be bound to maintain unilaterally or jointly with railway representative any type of record(s) or report(s) related to the said work in the format as decided by CME /Dy.CME/Fur.prog or any authorized representative of MCF/RBL.

29. In the case of any loss/damage to the Railways property during the execution of contract by the contractor, the damages are liable to be recovered from the contractor. MCF/RBL will not be responsible for any loss/ damage for the contractor’s equipment/material during transport/storage/execution of contract.

30. If the Contractor persistently disregards the instructions of the Engineer or disregard persistently provisions of contract, his security deposits may be forfeited or contract may be terminated or both actions may be taken.

31. The Contractor shall meet the (IMS) Integrated management system requirement in accordance with rules & regulations of Railway and Factory Act.

32. Payment of wages to the contract labourers should be as per minimum wages and 100% by bank through NEFT/ A/c payee cheque/ Net banking. Proof of monthly bank statement of the labourer’s payment to be submitted to MCF/RBL along with the bill. Without this statement no bill will be processed.

33. If on any day of work the number of workers employed by the Contractor is equal to or exceeds 20 (twenty) persons, the Contractor shall obtain Labour License from the Licensing Officer as per Contract Labour Act 1970 before commencement of the work and shall follow the latest guidelines as laid down by the Labour Commissionerate, revised from time to time.

34. Railway reserves the right to increase/decrease/short close the overall quantity of sets. 35. First aid box shall also be provided by the Contractor. 36. Safety:

In view of the potentially hazardous nature of the paints and chemical, necessary

precautions have to be taken for the safety of the operating and supervisory personnel. The

Contractor shall provide all necessary safety items (including respirators, face masks, gloves

and protective clothing) to all concerned personnel. The Contractor shall be responsible for

safety of his staff and no claim will be given by MCF in case of any incident.

37. Time Schedule:

Tentatively the Contractor shall be provided all coaches within the completion period or earlier @ 50 to 70 or more coaches per month. The contractor should be in readiness to work as per requirement in three shifts and deploy more manpower in case the need arises when the number of coaches to be executed goes up. Contactor should keep buffer for adjusting schedule of supply of coaches. Any compensation shall not be entertained on account of supply of coaches. The work will be done at inside the factory premises of Modern coach Factory, Lalganj, Raebareli. The painting of one coach shall be completed in 01 working shifts of eight hrs each.

38. In case the Contractor fails to commence the work in time i.e. on the date stipulated in the order or in the event of the Contractor stopping the work in the course of the contract period, thereby making the Administration to incur any extra expenditure by letting the work done by any other alternative agency, the extra expenditure will be recovered from the Contractor, without prejudice to any other compensation which the Contractor may subject to under this contract.

39. Conservancy Charges: Recovery of conservancy charges shall be made from the bills at following rates or as latest applicable rates as per Board’s letter no. F(X)I-95/1/1 dated. 16.07.2012

Recovery to be made from Avg. no. of laborers/ workmen employed per day.

Conservancy Cess charges per month (Rs.)

Engineering work contractors of Civil, Electrical, Mechanical and Signal &

1 to 5 106 6 to 10 208 11 to 25 523


M-200/PTG ELP /17-18 Page 36 of 39


Telecom Departments. 26 to 50 762 51 to 100 1023

101 and above As per applicable rates for slabs.

The rates are subjected to revision by Railway Board and recovery shall be made as per revised rates at the time of making the payment.

40. LIQUIDATED DAMAGES/PENALTY:

The railway reserves right to deduct following penalties for non – compliance of terms and conditions of this contract:-

i. A penalty of Rs. 1000/- per LHB shell per shift will be imposed if contractor fails to complete the work as per scope of work with in specified time on their part.

ii. The management of MCF is also liable to impose penalty for bad workmanship @ 2% per shell or will depend on work acceptance authority.

iii. In case of delay in attending the defects advised by railway representative, a penalty of Rs. 1000/- per coach per shift may be imposed.

iv. The penalty of Rs. 1000/- per person may be imposed if any of contractor staff found chewing of Tobacco/Gutkha & spitting here and there & throwing the pouch of panmasala /Gutkha.

v. A penalty @ Rs. 1000/- per shift may be imposed if contractor supervisor is not found available at site.

vi. Non availability of proper communication system: minimum Rs. 100.00 per event.

41. PAYMENT TERMS:

a) The Contractor can raise bills after successful completion of minimum 30 nos. of coaches for payment or on monthly basis or in multiple ---of months. The payment to the Contractor will be made through NEFT System. The details required for payment are as under: 1) Bank’ name 2) Type of A/c (Saving Bank/ Current A/c / Cash/ Credit A/c), 3) Ledger Folio No. 4) A/c No. along with proof i.e. blank cancelled cheque. 5) Bank mandate form

b) Contractor should submit a bill in proper format for the actual work done to authorized Railway representative of MCF/RBL. The Railway representative will be authorized by Dy. CME/Fur. Railway representative will certify/get certification of the work mentioned in the bill & forward the bill to Dy.CME/Fur. Prog., for payment along with his detailed report. Bill formats & Measurement book is required to be signed by Railway representative & Contractor.

c) Bill passing authority shall be Dy. CME/fur. Prog, MCF/RBL and Bill payment authority shall be FA&CAO/MCF/RBL or his authorized officer.

d) If EPF obligation is applicable, 25% of the bill amount payable to the Contractor shall be withheld and paid only when it furnishes evidence that EPF obligations have been discharged.

42. Errors, Omissions and discrepancies: The Contractor(s) shall not take advantage of any misinterpretation of the conditions due to typing or any other error and if any doubt shall bring it to the notice of the Engineer without delay in case of any contradiction. Only the printed rules and books should be followed and no claim for the misinterpretation shall be entertained.

43. FINAL AUTHORITY: GM/MCF/RBL shall be the final authority for settling the disputes, if any.

Dy. Chief Mechanical Engineer/Fur. Prog.



M-200/PTG ELP /17-18 Page 37 of 39


Chapter- VII SCOPE OF WORK

This covers following schedules of scope of work. i) Schedule “A” ii) Schedule “B”

Applicable Drawings:-

Sr. No.

Type of coach Applicable drawings For Exterior Painting

1. LHB AC-3Tier (LWACCN) LW83100 alt ‘a’

2. LHB AC-2Tier (LWACCW) LW83100 alt ‘a’

3 LHB Sleeper (LWSCN) other Non AC coaches.

LW83100 alt ‘a’

4. LHB LWS (LS) Coaches LW83100 alt ‘a’ 4. LHB Power car (LWLRRM) LW83100 alt ‘a’

1.0 Schedule” A”:-This schedule of scope of work covers Aapplication of two component

Epoxy high build Elastified painting on under Frame bottom out side for all type of LHB coaches. Application of two component Epoxy high build Elastified paint on under frame of Epoxy primer painted LHB coaches (AC & Non AC) shall be done as per drawings, specifications and procedure given below.

2.0 Procedure for painting of Epoxy high build Elastified paint on under Frame bottom

out side:- 2.1 Proper Cleaning of under frame and masking of holes, areas where painting is not

required as per drawing in under frame and already painted area of side walls to be done before painting.

2.2 Mix two component Epoxy high build Elastified paint in the ratio recommended by paint manufacturer. If 2K Airless spray Machine used then pre-mixing of two component together will not be required, however separate mixing of components will be required to get homogeneous paint.

2.3 Masking shall be done in such a way so that other surfaces and components may not spoil with paint during painting.

2.4 Apply Two component Epoxy high build Elastified paint with the help of Airless spray gun/2K airless spray gun on entire under frame. The DFT of Epoxy Elastified paint shall be 140-200 microns & the cumulative DFT shall be 200-260 microns minimum.

2.5 Allow for hard drying of paint and damask the coach. Clean the coach and carry out touch up/rectification work if any.

3.0 Schedule “B”:- This schedule of scope of work covers application of Epoxy High Build Elastified paint in Interior of non AC LHB coaches (preferably LWSCN and LS) as per scope of work.

3.1 Application of two components Epoxy high build Elastified paint in Interior of non AC LHB coaches shall be done as per drawings, specifications and procedure given below.

3.2 Procedure for painting of Epoxy high build Elastified paint in Interior of non AC LHB coaches:-

3.2.1 Proper Cleaning of Side walls, end walls, ceiling and trough floor to be done before painting.

3.2.2 Mix two component Epoxy high build Elastified paint in the ratio recommended by paint manufacturer. If 2K Airless spray Machine used then pre-mixing of two components together will not be required, however separate mixing of components will be required to get homogeneous paint.

3.2.3 An induction time of 30-45 minutes shall be allowed before use (in case of 1K machine). Apply Two component Epoxy high build Elastified paint with the help of Airless spray


M-200/PTG ELP /17-18 Page 38 of 39


gun/2K airless spray gun on interior of side walls, roof ceiling, end wall & under frame floor area.

3.2.4 Allow for hard drying of paint for 20 hrs and demask the shell. Clean the coach and carry out touch up/rectification work if any for getting smooth and uniform surface.

3.2.5 The DFT of two component Epoxy high build Elastified paint should be 140-200 Microns minimum with uniform coating & commutative DFT should be 200-260 Microns.

4.0 Terms & conditions: i) Epoxy primer applied shell will be provided for under frame (AC & Non AC LHB shells)

and Interior painting(Non AC LHB shells preferably LWSCN and LS) of epoxy high build elastified paint as per schedule “A” and “B” for scope of work.

ii) Epoxy high build elastified paint as per schedule “A” and “B” to be completed before Putty application. If the Elastified Paint applied after Top coat painting, the masking of both side walls will be done by Firm before Elastified painting.

iii) All machineries and tools like Airless spray machines, working stands, working trolley/ladders, safety equipments, testing and inspection instruments etc. to be arranged by contractor himself except compressed air and water, all other facilities to be arranged by contractor himself.

iv) Two component Epoxy high build elastified top coat paint will be provide as per extent QPC by railway for application on the coaches.

v) The additional quantity of epoxy thinner required for mixing in paint, cleaning of painting machines is in scope of contractor.

vi) The Contractor shall ensure the health and safety of the workers under schedule VIII of Uttar Pradesh Factory Rules,1950.

vii) The contract shall be governed by the provision of the Indian Railway’s GCC with up to date correction slip modified to the extent of provisions of these documents.

5.0 Inspection and Quality Control: i. Stage inspection shall be carried out by the Contractor or his authorized representative

and suitable record to be recorded. Detail record for dry film thickness (DFT) and gloss value shall be maintained by the Contractor in a register and same to be cross verified by MCF/RBL representative by entering his observation. The reading shall be recorded based on the average value measurement taken for at least 20 representative locations for interior side wall, floor ,ceiling, under frame.

ii. The coach shall be offered to MCF/RBL authorities after completion of work to get clearance certificate of work. In case of any deficiencies pointed out by MCF /RBL, the same shall have to be attended by the Contractor.

iii. The Contractor or his authorized representative shall have ultimate responsibility for the quality of work for the activities done by contractor as per scope of work.

iv. Painting shall be practically free from visual defects such as sagging, blisters, air-pockets, pinhole etc.

6.0 Supply of Material:

All consumable materials & PPEs like Masking tape, masking paper, sanding paper, Nylon plug, Khadi cloth, soap/detergents brush, hand gloves, respirator mask, paint suit cum uniform , gum boots, safety helmet etc.& other PPEs to be arranged by contractor. Two component Epoxy High Build Elastified paint and Epoxy Thinner will be provided by MCF/RBL.

7.0 Measuring Instrument:

The Contractor or his authorized representative shall provide properly calibrated measuring instruments i.e. DFT gauge for inspection as per requirement of specification. These instruments may also be used by MCF/RBL authorities.

Dy. CHIEF MECHANICAL ENGINEER/Fur.Prog Modern Coach Factory, Raebareli


M-200/PTG ELP /17-18 Page 39 of 39


Chapter-VIII

AGREEMENT

1. CONTRACT AGREEMENT NO.................................... DATED. ..............…….. ARTICLES OF AGREEMENT made this.............................day of........... .....2017.......between the President of India acting through the Railway Administration here after called the "Railway" of the one part and........................herein after called the "Contractor" of the other part.

2. WHERE AS the Contractor has agreed with the Railway for the performance of the works...................................set forth in the schedule hereto annexed upon the General Conditions of contract corrected up to Printed/Advance Correction Slip No.....................dated...........and the specifications of the......................................... Railway contained in the Works Hand Book, Part III, corrected up to Printed/Advance/Correction Slip No....................dated.............and Sanitary Works Hand Book corrected up to Printed/Advance Correction Slip No.............. dated............... and the schedule of Rates of the.............................Railway, Part I, corrected up to Printed/Advance Correction Slip No. dated.........................................and the special conditions and special specifications, if any, and in conformity with the drawings here-into annexed AND WHEREAS the performance of the said works is an act in which the public are interested.

3. NOW THIS INDENTURE WITNESSETH that in consideration of the payments to be made by the Railways, the Contractors will duly perform the said works in the said schedule set forth and shall execute the same with great promptness, care and accuracy in a workman like manner to the satisfaction of the Railway and will complete the same accordance with the said specifications and said drawings and said conditions of contract on or before the..................day of...........2017...............and will maintain the said works for a period of........................ Calendar months from the certified date of their completion and will observe, fulfill and keep all the conditions therein mentioned (which shall be deemed and taken to be part of this contract as if the same has been fully set forth herein), AND the Railway, both hereby agree that if the Contractor shall duly perform the said works in the manner aforesaid and observe and keep the said terms and conditions the Railway will pay or cause to be paid to the Contractor for the said works on the final completion thereof the amount due in respect thereof at the rates specified in the Schedule hereto annexed.

Contractor..... ....... .....

Designation.......................... Rly.

(For President of India) Address......................... Date.............................. Signature of witnesses with address to Date………………

END OF TENDER DOCUMENT