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TENDER NOTICE NO.
:
S&T/ADA/NIT/2014-15/04, Dated. 22.09.2014.
NAME OF THE WORK
:
EXECUTION OF SECTIONAL SIGNALLING MAINTENANCE CONTRACT WORK FOR THE PERIOD OF ONE YEAR IN THE JURISDICTION OF SSE(SIG.)/BKSC OF ADRA DIVISION.
ISSUED BY
Divisional Railway Manager (Signal & Telecom.) South Eastern Railway, Adra
For and on behalf of President of India
The booklet contains pages from 01 to 48
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SOUTH EASTERN RAILWAY
SIGNAL & TELECOMMUNICATION DEPARTMENT
TENDER DOCUMENT
Tender Notice No. S&T/ADA/NIT/2014-15/04, Dated. 22.09.2014.
NAME OF THE WORK:
EXECUTION OF SECTIONAL SIGNALLING MAINTENANCE CONTRACT WORK FOR THE PERIOD OF ONE YEAR IN THE JURISDICTION OF SSE(SIG.)/BKSC OF ADRA DIVISION.
a) Approximate cost of the tender. Rs. 24,22,995/- (Rupees Twenty Four Lakhs
Twenty Two Thousand Nine Hundred and Ninety Five) only.
b) E.M.D Rs. 48,460/- (Rupees Forty Eight Thousand Four Hundred and Sixty) only.
c) Cost of the Tender Booklet.
Rs. 3,000/- (Rupees Three Thousand) only.
d) Tender Booklet will be sold
Up to 18:00 Hrs. on 11.11.2014.
e) Date & Time of Receipt of Tender.
10.11.2014 12:00 Hrs. to 12.11.2014 11:00 Hrs.
f) Date & Time of Opening of Tender At 11:30 Hrs. on 12.11.2014 simultaneously in the office of Sr.D.S.T.E./SER/ADRA and CSTE(OL)/SER/GRC office.
COPY NO. ……………………… ISSUED TO …………………………………… ……………………………………. …………………………………….
Page 3
I N D E X
Srl. No.
Subject Clause Annexure No. of Page.
1 Tender Notice. -- 3 2 Check list of the item to be complied by the Tenderer. 1 - 13 2 3 Instruction to the Tenderers and conditions. 1 - 16 2 4 General Conditions of Tender. 1 - 17 6 5 General Conditions of Contract. 18 - 65 17 6 Schedule – A & B. Schedule –A & B 8 7 Form of Tender. 1 - 4 1 8 Bank Guarantee Form. Annexure – ‘A’ 2 9 Alternative proposal for deviation from specification. Annexure - ‘B’ 1 10 Requisition cum receipt for the materials. Annexure - ‘C’ 1 11 Indemnity Bond Form. Annexure - ‘D’ 1 12 Tender Rate Quoting Form. Annexure - ‘E’ 1 13 Declaration to be filled in by the tenderer at the time of
tendering. Annexure - ‘F’ 1
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nf{k.k iwoZ jsyos South Eastern Railway
fufonk lwpuk la[;k/Tender Notice no. S&T/ADA/NIT/2014-15/04 vkæk/Adra, fnukad/ Dated. 22.09.2014 On behalf of President of India, Divisional Railway Manager (Signal & Telecom.), South Eastern Railway, Adra, invites sealed/wrapped Tender from experienced and bonafied contractors in prescribed form for the following works of Adra Division of South Eastern Railway.
la[;k/Srl. No.
dk;Z dk uke/ Name of the Work fufonk ewY; / Tender Value
c;kuk jkf’k/ Earnest Money
fufonk nLrkost dk ewY; /Cost of Tender Document
dk;Z lekfIr dh vof/k/
Completion period of the
Work
fufonk [kqyus dh frfÉ/ Date of Opening of
Tender
1. Execution of Sectional Signalling Maintenance Contract work for the period of one year in the jurisdiction of SSE(Sig.)/BKSC of Adra Division.
Rs. 24,22,995/-
Rs. 48,460/-
Rs.3,000/-
01 year 12.11.2014
1. Tender Documents can be obtained from the office of ‘General Manager (Signal & Telecom.), S.E.Railway,
Garden Reach, Kolkata – 700043’ or ‘Divisional Railway Manager (Signal & Telecom.), S.E.Railway, Adra’ on any working day during working hours from 10:00 Hrs to 18:00 Hrs within the period from 10.10.2014 to 11.11.2014 on payment of the cost of the tender document (non refundable) per set payable to Chief Cashier, S.E.Railway, Garden Reach, Kolkata-700043 or Divisional Cashier, S.E.Railway, Adra against the Tender Notice Number, Allocation Z-650.
2. Tender Documents can also be downloaded from the web site http://www.ser.indianrailways.gov.in &
http://tenders.gov.in within the period from 10.10.2014 to 11.11.2014 for which a separate Money Receipt for cost of tender document (non refundable) per set payable to Chief Cashier, S.E.Railway, Garden Reach, Kolkata-700043 or Divisional Cashier, S.E.Railway, Adra against this Tender Notice under Allocation-Z650 to be deposited on or after date of publication of Tender Notice or Demand Draft for the cost of the tender document (non refundable) to be drawn in favour of FA & CAO, S.E.Railway, Garden Reach, Kolkata issued on or after date of publication of Tender Notice and to be submitted along with the tender offer in addition to the Earnest Money otherwise the downloaded tender documents will be summarily rejected.
3. Eligibility Criteria: -
a) The tenderer must have previous experience of executing Railway Signalling works either directly as a Railway contractor or as a sub-contractor of some Railway contractor. Necessary certificate in this regard must be submitted along with the offer.
b) The tenderer shall certify, supported by documentary proof, that tenderer is capable of doing such
work as described in the tender notice independently along with his financial ability. 4. Tender offer will be valid for 90 days from the date of opening of the tender. 5. Tenderer is not allowed to submit conditional tender and all conditional tenders shall be summarily rejected.
Contd…… Page.2
Page 5
(Page: 2) fufonk lwpuk la[;k/Tender Notice no. S&T/ADA/NIT/2014-15/04 vkæk/Adra, fnukad/ Dated. 22.09.2014 6. The tender must be submitted in sealed/wrapped envelope superscribed clearly with the ‘Name of the Work’
and ‘Tender Notice Number’ duly addressed to The Divisional Railway Manager (Signal & Telecom.), South Eastern Railway, Adra and shall be deposited in the Tender box kept in the office of General Manager (Signal & Telecom.), S.E.Railway, Garden Reach, Kolkata-700043 or in the office of RPF/ADRA situated near entrance of DRM/ADRA’s office on & from 10.11.2014 12:00 Hrs. to 12.11.2014 11:00 Hrs.
7. Any tender received after the time and date specified above will not be considered. 8. The box will be sealed at 11:00 Hrs. on 12.11.2014 and tender will be opened in the presence of Tenderers
or representative of tenderers at 11:30 Hrs. on 12.11.2014 simultaneously in the office of the General Manager (Signal & Telecom.), S.E.Railway, Garden Reach, Kolkata – 700043 and in the office of Divisional Railway Manager (Signal & Telecom.), S.E.Railway, Adra.
9. Submission of tender by post is not acceptable.
10. Tender documents are not transferable. 11. Railway Administration reserves the right to accept / reject any/all offers without assigning any reason. 12. The Tender Notice is also available in the web site http://www.ser.indianrailways.gov.in &
http://tenders.gov.in. Sd./-
eMay ladsr ,oa nwjlapkj vfÒ;Urk(ladsr)/vkæk d`rs eaMy jsy çca/kd ¼ladsr ,oa nwjlapkj½
nf{k.k iwoZ jsyos, vkæk d`rs ,oa Hkkjr ds jk"Vªifr dh vksj ls
Contd…… Page.3
Page 6
(Page: 3) fufonk lwpuk la[;k/Tender Notice no. S&T/ADA/NIT/2014-15/04 vkæk/Adra, fnukad/ Dated. 22.09.2014 Copy forwarded to:
1. CPRO/SER/GRC for kind information and publication of the tender notice in news papers please. 2. CSTE(OL)/SER/GRC for kind information please with request to arrange for opening the tender. 3. FA&CAO/SER/GRC for kind information please with request to depute his representative to witness the
opening of tender at 11:30 Hrs. on 12.11.2014 in the office of the CSTE(OL)/SER/ GRC. 4. CVO/S.E.Railway/GRC for kind information please. 5. Sr. EDPM/SER/GRC for information please with request for up loading of tender notice and tender
documents in the web site http://tenders.gov.in 6. Sr. DFM/ADA for information please with request to depute his representative to witness the opening of
tender at 11:30 Hrs. on 12.11.2014 in the office of the Sr.DSTE/ADRA. 7. Sr. SC/RPF/ADA for information please with request for keeping the tender box at the RPF office situated
near entrance of DRM office building (security control office) for dropping of tenders on & from 10.11.2014 to 12.11.2014 as desired by ADRM/ADA vide Note No. ADRM/Misc./06, dt. 16.06.2006 and for deputing RPF personnel to maintain law and order during dropping of tender, carrying of tender box from security control office to Sr.DSTE/ADA’s office after closing of tender box and opening of tender at Sr.DSTE/ADA’s office on 12.11.2014.
8. OC/RPF/ADA for deputing RPF personnel to maintain law and order during dropping of tender, carrying of tender box from security control office to Sr.DSTE/ADA’s office after closing of tender box and opening of tender at Sr.DSTE/ADA’s office on 12.11.2014.
9. OC/WBP/Adra for information please. He is requested to arrange to maintain law and order situation for the tender to be opened on 12.11.2014.
10. Sr. Divisional Audit Officer/S.E.Railway/Adra for information please. 11. Dy. CSTE(Con)/ADA for information and wide circulation. 12. Chief Cashier, S.E.Railway, Garden Reach, Kolkata-700043 for information and necessary action. He may
please receive and credit the cost of tender document to the allocation No. Z-650. 13. Divisional Cashier, S.E.Railway, Adra for information and necessary action. He may please receive and
credit the cost of tender document to the allocation No. Z-650. 14. ADRM/ADA’s Computer Cell for up loading of tender notice and tender documents in the web site
http://www.ser.indianrailways.gov.in. Sd./- eMay ladsr ,oa nwjlapkj vfÒ;Urk(ladsr)/vkæk
d`rs eaMy jsy çca/kd ¼ladsr ,oa nwjlapkj½ nf{k.k iwoZ jsyos, vkæk
d`rs ,oa Hkkjr ds jk"Vªifr dh vksj ls
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SOUTH EASTERN RAILWAY
CHECK LIST OF ITEMS TO BE COMPILED BY THE TENDERERS
The tender should be accompanied by a forwarding letter drawing out compliance to each of the item of the checklist given below. Srl. Item
1. Earnest money in prescribed form i) In Cash or FDR/Demand draft etc. a) Validity to be at least up to the validity date of the tender. b) To be hypothecated to FA & CAO/S.E.Railway/Garden Reach, Kolkata. ii) PEMD/SEMD will not be accepted as Earnest Money.
2. Tenderer must submit the following documents/credential along with the tender: - a) List of Personnel, Organisation available on hand and proposed to be engaged for the subject
work. b) List of Plant & Machinery available on hand (own) and proposed to be inducted (own and
hired to be given separately) for the subject work. c) List of works completed in the last three financial years giving description of work,
organization for whom executed, approximate value of the contract at the time of award, date of award and date of scheduled completion of work, date of actual start, actual completion and final value of contract should also be given.
d) List of works on hand indicating description of work, contract value, approximate value of balance work yet to be done and date of award.
e) Tenderer should comply all the items mention in Tender Notice, General Condition of Tender, General Condition of Contract.
f) Time Schedule for supply of material and execution of works. NOTE
1. In case of items (c) and (d) above, supportive documents/certificates from the organizations with whom the worked/are working should be enclosed.
2. Certificates from private individuals for whom such works are executed/ being executed should not be accepted.
3. Submission of tender in Railways form along with the tender document duly signed by the tenderer at every page.
4. All documents to be furnished in English. 5. Partnership deed, if any, constitution of the firm and copies of connected legal documents. 6. Full and clear postal address. 7. Validity of tender offer (90 days). 8. State or Central Tax, ED etc.:
a) For works(execution) portion as well as supply portion, if any, to be included in the rates quoted. 9. If working through contract labour, the contractor must register with labour commissioner - necessary
licence to be submitted with tender or to be produced before signing of Contract Agreement. 10. Corrections, if any, to be attested by the tenderer. 11. Acknowledgement of Letter of Acceptance – within 7 days from the date of issue. 12. The tenderer should quote only in PERCENTAGE above or below or at per over the total value of each
schedule rate at the designated place provided in Annexure – E only.
Page 8
13. Tenderers to submit/organize their offer in the following order along with top sheet duly signed: Sl. No
Subject Page Whether complied or not
1. Offer letter along with validity. 2. Documents as per eligibility criteria – 3 of Tender Notice. 3. Time schedule for completion of work. 4. Any other certificate/documents/informations. 5. Tender booklet duly signed on every page and tenderer(s) should
quote their rates against each schedule only at the designated place provided in Annexure – ‘E’.
Note:
The above checklist is not exhaustive. The tenderer must go through carefully the entire booklet and submit the tender complying with all the conditions/provisions/instructions mentioned therein irrespective of the fact that they have been highlighted in the check list or not.
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SOUTH EASTERN RAILWAY INSTRUCTION TO THE TENDERERS & CONDITIONS
1. The Tenderers are required to scrutinise carefully all clauses appearing in the Tender documents and to sign in token thereof on every page of the Tender Documents.
2. General conditions of Contract / Tender, Instruction to tenderers, Standard Specification for works and materials are laid down in “General Conditions of Contract and Standard Specifications (Vol. - 2) 2001 of Engineering Department correction up to date and Standard Specification for works and material for S&T works of S.E.Railway all corrected up to date can be seen at the office of Divl. Rly. Manager (S&T)/S.E.Rly./Adra as the same are binding on the contract and form part and parcel of the contract unless otherwise stated in the Special Condition and Specification in the tender papers.
3. The Tenderer/s should quote rates in figures and in words. Wherever there is a difference between the rates quoted in figures and in words, the rates quoted in words will be taken as correct.
4. All details and drawings pertaining to the works as are available can be seen in the office of the Chief Signal & Telecom. Engineer, Gardenreach, Kolkata or Sr. Divl. Signal & Telecom. Engineer, Adra during office hours.
5. No reference to previous deposit to Earnest Money for adjustment against the present tender will be accepted for any request for recovery from outstanding bills towards Earnest Money against the present tender will be entertained.
6. All expenses drawing up the agreement and the cost of the stamp duty, if any, shall be borne by the Railway Administration.
7. The cancellation of any document such as power of attorney, partnership deed etc, forthwith shall be communicated by the Contractor to the Railway in writing failing which the Railway shall have no responsibility or liability for any action on the strength of said documents.
8. The Contractor will be permitted to make use of the service roads already existing within the Railway possession. If additional service roads are required within Railway premises the Contractor may be allowed to make them at his own cost with the prior approval of the Railway’s Engineer. All service roads required outside Railway boundary shall be constructed by the contractor at his won risk and cost. These roads shall be maintained by the Contractor at his own cost. The Railway reserves the right to make use of the service roads as and when necessary without any payment to the contractor.
9. If the original work order issued to the Contractor is lost by him for any reason what so ever and Contractor demands for supply of a duplicate of the same, penal leavy of Rs.10/- (Rupees Ten Only) for each work order will be imposed on him or the issue of duplicate copy of the work order.
10. The Tenderer/Contractor may be required to engage surplus/retrenched casual labours of the S.E.Railway, if found suitable up to the extent of 20 (Twenty) persons for each lakh or part thereof of the value of the contract during the currency of the contract. The terms of employment between such labour and the tenderer / Contractor may be on mutually agreed terms subject to the statutory provisions contained in the Labour Regulations and inactments. The Contractor shall indemnify the Railway against any claim arising out of employment of such labour and the Railway shall not be party to any dispute etc. arising out of the employment of such labour by the Tenderer / Contractor.
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11. No lead on Railway’s/contractor’s materials shall be payable for the works executed under this tender.
12. When the tender is received by the Railway Administration, it will be understood that the tenderer/s has/have gone through carefully in details all the instructions, conditions, general and special conditions of the contract and all general and special instructions for execution of the work and that the tenderer/s has/have got himself/themselves clarified on all points and doubts and interpretations by the proper authorities of the Railway Administration.
13. Should a tenderer find discrepancies in or omission from the drawings or any of the tender forms or should he has any doubt as to their meanings, he should at once notify the authority inviting tender who may send a written instructions to all tenderers. It should be understood that every endeavour has been made to avoid any error which may subsequently be discovered that he/shall make no subsequent claim on account thereof.
14. The Contractors who are working in the establishment through contract labour (Regulation and Aboliation) Act 1970 and Central Rule 1971 obtain a licence from the Assitant Labour Commissioner (Central) concerned and produce the said to the Railway either along with the tender or before signing the agreement, failing which the contract awarded will be terminated on the ground that they have not complied with legal provisions of the said act and Earnest Money forfeited.
15. Railway will not arrange to release foreign exchange for any contract work.
16. The terms “Correction Slip” as referred to in this tender document includes the following terms also. (i) Addendum Slip, (ii) Corrigendum Slip and (iii) Addendum Slip and corrigendum slip which are issued in consecutive serials.
Sd/-
Divisional Railway Manager (Sig. & Tele.) South Eastern Railway, Adra For & on behalf of the President of India
The above “ Instructions to Tenderers and Conditions” are understood and accepted by me/us.
Signature of Tender (s)
Date :
Page 11
SOUTH EASTERN RAILWAY SIGNAL & TELECOMMUNICATION DEPARTMENT
GENERAL CONDITIONS OF TENDER
1. TENDER DOCUMENT: Intending tenderers are advised to study the General Condition of Tender, General Conditions of Contract, General Technical Specification, Instruction to the tenderers and conditions, Special Condition Contract, Drawings etc. (all of which shall be read as parts of the tender and are hereinafter collectively referred to as “Tender Document”). The tenderers shall be deemed to have carefully examined the Tender Document and understood the implications thereof. The tenderer may inspect the site of work and acquaint himself with all the local conditions, nature of work and materials pertaining thereto, if he considers it necessary.
2. OFFICIAL TENDER FORM AND SCHEDULES: The tenderer must submit his tender in time within the last date of submission of the tender to the Sr. Divisional Signal and Telecommunication Engineer, South Eastern Railway, Adra filling in the proforma given in form of schedule/s attached hereto duly signed at every page and having filled in the schedule/s in ink stating therein all the rates, amounts, prices and charges of the tenderer (both in figures and words), giving all information and particulars asked for. The tenderer shall submit in the same envelope of his tender a short and concise explanatory memorandum pertaining to his tender, if required, but such memorandum or any letter accompanying the tender submitted by him shall form part of the tender. He may also enclose a descriptive matter for consideration.
2.2 SCHEDULE / SCHEDULES 2.2.1 The tenderer shall quote his prices as per proforma schedule/s for all works involved including cost
of materials, supervision of erection and maintenance for specified period etc. in accordance with the tender requirements. The tenderer should note that TENDERS ARE LIABLE TO BE IGNORED IF NOT SUBMITTED AS PER DETAILS GIVEN IN SCHEDULE / SCHEDULES.
2.2.2 The rates terdered in for the schedule/s attached to the tender and accepted by the Railway shall form the basis for payment for works done/materials supplied by the contractor.
2.2.3 The rates quoted by contractor shall take in to account the difficulties and delays encountered in the course of work and nothing extra on these accounts shall be paid for.
2.2.4 No State or Central tax will be paid for separately for the works portion as well as supply portion of the work. Any such taxes should be deemed to have been included in the rates quoted for the works in the Tender. NOTE : (i) All personnel employed by the Contractor shall pay their own taxes like income-
tax etc. and the Railway will not accept any liability for the same. (ii) The Contractor shall be liable to pay wharfage and demurrage charges, as may be
involved and the Railway will not accept any liability for the same. 2.3 If the tenderer wishes to make any alternative proposal deviating from the Tender Specification, he
should give full particulars on the proforma in Annexure ‘B’ attached herewith against each alternative proposal, the tenderer should quote the relevant clause number of the tender specification and should state the amount by which the tender price will be increased or decreased.
2.4 Should the tenderer be unable to comply with any condition/s referred to in Tender Document, he shall mention all such proposed departure/s there from clearly.
2.5 SCHEDULE COVERING DELIVERY OF MATERIALS AND THE EXECUTION OF THE WORK AT SITE. A) The tenderer shall attach to his offer a time schedule showing the guaranteed time for the
supply of materials, the progress and completion of the work at site. B) The said time schedule shall be as referred to in the clause 5.3 of condition of tender.
Page 12
C) The tenderer should offer the time schedule for supply of materials, the duration of erection and completion period for the work and it should be kept down to the barest minimum. This aspect will be particularly taken into account while examining the offer. In any case this period shall not be more than the time specified in the tender documents, reckoning from the date of issuing of Acceptance Letter.
3. NO ERASURE OR ALTERATION IN TENDER: No erasure or alteration in the text of the Tender to be submitted by the Tenderer is permitted and any such erasure and / or alteration will either be disregarded or render the whole tender void at the option of the Railway. Any correction by the Tenderer in his entries must be attested by him.
4. GENERAL REQUIREMENT: 4.1 All documents to be submitted in connection with this tender will be written in English. 4.2 Dimensions, weight etc. shall be quoted in Metric system, giving British Standard Equivalents in
brackets. 4.3 The technical terms and symbols to be used will be as per tender practice adopted in S&T
department of Indian Railways.
5. COMMENCEMENT AND COMPLETION DATES: 5.1 The contract covered by this Tender shall be deemed to commence from the date of issue of
Acceptance Letter. 5.2 Time is the essence of contract. The Tenderer shall phase out his programme of supply of material
and execution of work within the stipulated completion period to be specified by him, reckoning from the date of issue of Acceptance Letter.
5.3 Failure to complete the work within the stipulated period shall subject the Contractor to the penalty laid down under Clause No. 38 of General Condition of Contract for Signal & Telecommunication works on S.E.Railway.
5.4 Within a period of two weeks from the date of Acceptance of the Tender, the contractor shall submit a detailed Time Schedule for supply of materials and the various items of works.
5.5 After the agreement is signed the Contractor shall furnish during the first week of every month, a progress report showing the materials and the equipment received at site and the progress of works carried out at site during the preceeding month.
6. EARNEST MONEY (Amended as per Rly. Bd’s letter No.2003/CE-I/CT/4/PT.I, dt. 12/16.05.06): (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:
Value of the work (Tender Value) EMD For works estimated to cost up to Rs. 1 crore. 2% of the estimated cost of the work. For works estimated to cost more than Rs. 1 crore.
Rs. 2 Lakhs plus ½% (half percent) of the excess of estimated cost of work beyond Rs. 1 crore subject to a maximum of 1 crore.
The Earnest Money shall be rounded to the nearest Rs. 10. 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 Senior Divisional Signal & Telecommunication Engineer, South Eastern Railway, Adra. Should the tenderer fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited by the Railway.
Page 13
(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 12 of these condition of Tender. 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.
7. SUBMISSION OF EARNEST MONEY (Amended as per Rly. Bd’s letter No.2003/CE-I/CT/4/PT.I, dt. 12/16.05.06):
The Earnest Money should be in Cash or in any of the following form:- (i) Deposit Receipts, Pay Orders, Demand Drafts in favour of FA & CAO / S.E.Railway /
Garden Reach, Kolkata. These forms of Earnest Money could be either of the State Bank of India or of any of the Nationalized Banks. No confirmatory advice from the Reserve Bank of India will be necessary.
(ii) Deposit Receipts executed by the Scheduled Banks (other than the State Bank of India and the Nationalized Banks) approved by the Reserve Bank of India for this purpose. The Railways will not, however, accept Deposit Receipt without getting in writing the concurrence of the Reserve Bank of India.
8. ITCC-Deleted as per Railway Board letter No. 94/CE-1/CT/4(Pt.II) dt. 6.5.2003.
9. SIGNING OF TENDER AND TENDERER’S ADDRESS: 9.1 Any individual or individuals signing the Tender and the documents connected therewith should
specify whether he / they is / are signing: i) As sole proprietor of the concern or constituted attorney or ii) As a partner or partners of the firm or iii) As a Director, Manager or Secretary, in the case of a Limited Company.
9.2 In the case of a firm not being registered under the Indian Partnership Act, all the partners of the firm or the constituted Attorney duly authorized by all of them should sign the tender and all other connected documents. A copy of the documents empowering the individuals to sign should also be sent with the Tender. In any case, the Tenderer should disclose his constitution fully and copies of all necessary legal documents in support thereof should be submitted with the Tender, and originals thereof should be produced as and when called for.
9.3 Every tenderer shall state in the tender his postal address fully and clearly. Any communication sent to Tenderer by post at his said address shall be deemed to have reached the Tenderer, duly and timely, notwithstanding the fact that the communication could not reach the Tenderer at all or in time because of any inaccuracy or defect in the said address or any postal delay.
10. PREVIOUS EXPERIENCE AND DECLARATION OF CREDENTIAL: The Tenderer shall furnish the following particulars along with the tender. a) The resourcefulness of the tenderer in respect of the assured supply of the materials.
b) Previous experience and expertise in the field of orthodox / sophisticated Railway Signalling and Telecommunication works and the detail of the works already executed and Technical personnel with their qualification and experience working in the firm. c) Supervisors and skilled and unskilled staff with qualification and experience proposed to be engaged by the tenderer for field supervising and execution of subject tender work. d) Details of special equipment, tools and plants and machinery, vehicles etc. available with them for execution of such contracts.
Page 14
11. THE RAILWAY NOT BOUND TO ACCEPT ANY TENDER: The Railway shall not be bound to accept the lowest or any tender or to assign any reason for non-acceptance or rejection of a tender. No tender shall be deemed to have been accepted unless such acceptance shall have been notified in writing to the successful tenderer by the Railway. The Railway reserves the right to accept any Tender in respect of the whole or any portion of the work specified in the tender or to divide or reduce the work or to accept any tender for less then the tendered quantity without assigning any reason whatsoever.
12. SECURITY DEPOSIT (Amended as per Rly. Bd’s letter No.2003/CE-I/CT/4/PT.I, dt. 12/16.05.06):
12(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 may 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.
12(2) 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, FD etc. shall be accepted towards Security Deposit.
Security Deposit shall be returned to the contractor after the physical completion of the work as certified by the Competent Authority. The Competent Authority shall normally be the authority who is competent to sign the contract. If this Competent Authority is of the rank lower than JA Grade, then a JA Grade Officer (concerned with the work) should issue the certificate. The certificate, inter alia, should mention that the work has been completed in all respects and that all the contractual obligations have been fulfilled by the contractors 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.
12(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.
13. TENDER AND AGREEMENT: The tender shall remain open for acceptance by the Railway for the period specified in the tenders form the date on which tender are opened and during which period the Tenderers shall not withdraw the offers, nor amend impair or derogate therefrom. Every Tenderer shall be deemed to have agreed as aforesaid in consideration of his tender being considered by the Railway. If the tenderer is notified in writing at his address given in the tender. Within the said period that his tender whether in whole or in part has been accepted by the Railway, he shall be bound by the terms of Agreement constituted by his tender in respect of any part of the work specified in the tender document.
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14. PERFORMANCE GUARANTEE (P.G.) (As per Railway Board’s letter No. 2007/CE.I/CT/18 Pt.XII., dated. 31.12.2010)
The procedure for obtaining Performance Guarantee is outlined below:-
(a) The successful bidder shall have to submit a Performance Guaranee (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 a 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 Bank;
(v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks; (vi) A Deposit in the Post Office Saving Bank; (vii) A Deposit in the National 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.
(c) A 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 the work plus 60 days.
(d) The value of P.G. to be submitted by the contractor will not change for variation up to 25% (either increase or decrease). In case during the course of execution, value of the contract increases by more than 25% of the original contract value, an additional P.G. amounting to 5% (five percent) for the excess value over the original contract value shall be deposited by the contractor.
(e) Performance Guarantee (PG) shall be released after the physical completion of the work based on the ‘Completion Certificate’ issued by the competent authority stating that the contractor has completed the work in all respects satisfactorily. The security deposit shall however, be released only after the expiry of the maintenance period and after passing the final bill based on ‘No Claim Certificate’ from the contractor.
(f) Wherever the contract is rescinded, the security deposit shall be forfeited and the Performance Guarantee shall be encashed. The balance work shall be got done
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independently without risk and cost of the failed contractor. The failed contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a JV or a partnership firm, then every member / partner of such a firm shall be debarred from participating in the tender for the balance work either in his/her individual capacity or as a partner of any other JV/partnership firm.
(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.
15. DETAILS CONFIDENTIAL: The Tenderer (whether his tender be accepted or not) shall treat the contents of the tender papers private and confidential.
16. CANVASSING AND BRIBERY: 16.1 No Tender shall canvass any Government officials or the Railway’s Engineers with respect to his
or any other tender. Contravention of this condition will involve rejection of the tender. This clause shall not be deemed to prevent the Tenderer from supplying the Railway any information asked for from him.
16.2 Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the Contractor or his partner, Agent or Servant or any on his or their behalf, to any officer, Servant, Representative or Agent of the Railway or any one of his or their behalf, in relation to the obtaining or to the execution of this or any other contract with the Railway shall in addition to the criminal liability he/they may incur under the Prevention of Corruption Act 1908, subject the Contractor for cancellation of this and other contracts, and also to payment of any loss resulting from any such cancellation, and the Railway shall be entitled to deduct the amounts so payable, from any moneys and Railway’s decision shall be final and conclusive in the matter.
17. EXECUTION OF CONTRACT AGREEMENT: 17.1 Any Tenderer whose tender the Railway elects to accept, shall, after having been advised by the
Railway through acceptance latter, be bound to execute an agreement based on accepted rates and conditions in such form as the Railway may prescribe, and lodge the same with the Railway together with the conditions of contract, specification and schedules referred to therein duly completed within the period as specified in the letter of acceptance.
17.2 Failure on the part of the Tenderers to execute the agreement within the time as stated hereinbefore will constitute breach of contract and the Contractors Earnest Money / Security Deposit shall be liable to forfeiture.
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SOUTH EASTERN RAILWAY SIGNAL & TELECOMMUNICATION DEPARTMENT
GENERAL CONDITIONS OF CONTRACTS
18. INTERPRETATION: The words / expressions given below and occurring in the Tender Document shall unless excluded by or repugnant to the context have the interpretation indicated against them respectively.
18.1 “Tenderer” – shall mean and include any firm of Engineers or Contractors or any company or body corporate or otherwise, who shall submit the tender, which has been invited.
18.2 “Railway’s Engineer” – shall mean the Engineers appointed by the Railway who will decide all maters relating to design, manufacture and supply affecting ultimate layout of the equipment at site. The Railway’s Engineers shall be the Senior Divisional Signal and Telecommunication Engineer, South Eastern Railway, Adra or his representative Divisional Signal and Telecommunication Engineer, Adra or Assistant Signal and Telecommunication Engineer, Adra / Bokaro Steel City.
18.3 “Contract” – shall mean that contract resulting from the acceptance by the Railway of any tender, either in whole or in part.
18.4 “Contractor” – shall mean the successful Tenderer i.e. the Tenderer whose tender has been accepted, either in whole or in part.
18.5 “Railway” – shall mean the South Eastern Railway Administration and include the President and the Government of the Republic of India, Ministry of Railway (Railway Board).
18.6 “General Manager & Chief Signal & Telecom. Engineer, South Eastern Railway” – shall mean the officers for the time being of the Railway who shall be designated as such by the Railway. Their postal address is 11, Garden Reach Road, Kolkata-700043.
18.7 “Work or Works” – shall mean all or any of the items of the work for which the Contractor has tendered according to the specifications, drawings and schedules hereto annexed or to be implied therefrom or incidental thereto or to be hereafter specified or required in such explanatory instructions and drawings being in conformity with the said original specification, drawings and schedules and also such instructions and drawings, additional to the aforementioned, as may from time to time during the progress of the work hereby contracted, be supplied by the Senior Divisional Signal and Telecommunication Engineer, South Eastern Railway or his representative.
18.8 “Writing” – shall include all matters written, type written or printed, whether in whole or in part. 18.9 “Month” – shall mean any consecutive period of thirty days. 18.10 “Site” – shall mean the areas to be taken up by the works together with any other area or areas as
shall be determined by the General Manager, South Eastern Railway, and placed at the disposal of the Contractor for the purpose of the contract.
18.11 “Equipment” – shall mean all equipments considered necessary by the Senior Divisional Signal and Telecommunication Engineer, South Eastern Railway, Adra for the satisfactory operation as a whole of the scheme, including all accessories.
18.12 “Railway Representative” – Authorised Railway representative not below the rank of an inspector.
19. GENERAL ORGANISATION OF THE CONTRACTOR SUPERVISION OF ERECTION AND CONTRACTOR’S ATTENDANCE AT WORK-SITE.
19.1 The supervision of erection according to the specification shall be done by the Contractor and for his purpose, the Contractor shall employ competent representatives to supervise the erection and the carrying out of the works at all stages. The said representative shall be present on the site during working hours and any written orders or instructions, which the Railway may give to the said representative of the contractor, shall be deemed to have been duly given or communicated to the Contractor.
19.2 The Contractor or his representative shall accompany the Railway’s Engineer on inspection tour or proceed to their offices any time he is called upon to do so.
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19.3 Any staff, workmen or officers, detailed by the Railway to execute the work shall be deemed to the
agents or employees of the Contractor for the purpose of fixing responsibility and determining liability for any loss or damage occasioned by any act of omission or commission on the part of such staff, workmen or officers while working under the supervision of the Contractor.
20. RAILWAY NOT TO PROVIDE QUARTERS FOR CONTRACTOR: 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 Railway’s discretion, recoveries shall be made at such rates at may be fixed by the Railway for full rent of the buildings and equipments therein as well as charges for electric current, water supply and conservancy at the rates applicable.
21. 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, site for any purpose other than that of executing the works. Land rent, where necessary should be paid by the contractor.
21.1 When work is executed within the limits of any Station Committee, or where conservancy work is being systematically done by the Railway, the contractor will be liable to pay any conservancy water or any other cesses levied by such Committee or the Railways.
22. ARRANGING OF THE MATERIAL AND TEMPORARY DEPOT: 22.1 Temporary depot for tools and equipments of any kind can only be opened in Railway premises
after prior permission has been granted by the authorized Railway representative.
22.2 The storing of the equipment, tools and machines used by the Contractor shall be done in a most orderly way. The Contractor shall clean the premises according to the instruction of the Railway and this should in no way constitute a damage or hindrance for the working of the Railway or for the movement of its staff.
23. CONVEYANCE OF STAFF AND CARRIAGE OF MATERIALS OF CONTRACTOR: 23.1 The Contractor shall arrange his own transport for movement of his personnel.
23.2 No Railway Pass for the conveyance of Contractor or for his agents or his labour and / or stores by train will be granted. But passes may be issued on the home line if the contractor is called upon to attend Headquarter office by the Senior Divisional Signal and Telecommunication Engineer, Adra. For any passes issued the same shall always be subject to rules and regulations of the South Eastern Railway regarding the use, or penalty for abuse or loss of such passes.
23.3 No forwarding orders shall be issued by the Railway for the conveyance of Contractor’s materials, tools and plants by rail which may be required for use in the works and the Contractor shall pay full freight at public tariff rates thereof.
24. CONTRACTORS TO OBTAIN APPROVAL BEFORE EXECUTION OF WORK: Before proceeding to execute any work, the Contractor shall obtain from the Railways’ Engineer or his authorized representative, approval in writing in the manner in which the Contractor proposes to execute each portion of the work.
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25. ASSIGNMENT OR SUBLETTING OR CONTRACT: The Contractor shall not assign or sublet the Contract or any part thereof or allow any person to become interested therein in any manner whatsoever without the special permission of the Railway. Any breach of this condition shall entitle the Railway to rescind the contract under Clause 55 of these conditions and also tender 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 works by petty contract under the direct and personal supervision of the contractor or his agent shall not be deemed to be subletting under this clause. The permitted subletting of work by the contractor shall not establish any contractual relationship between the sub-contractor and the Railway and shall not relieve the contractor of any responsibility under the contract.
26. WORKS CARRIED OUT BY THE RAILWAY IN PRESENCE OF SEVERAL CONTRACTORS AT SITE: It should be noted that other works outside the scope of this contract may be undertaken simultaneously by the Railway or any other contractor at various work sites. The contractor shall afford every facility to the Railway or to the other contractors to execute their works simultaneously. The Contractor shall prefer no claim for the delay or hindrance, if there be any, caused in this process to his work. The Contractor shall comply with the instructions that may be given to him in order to permit simultaneous execution of his portion of the work and those undertaken by other Contractors of the Railway without being entitled on this account to any extra charge. The Contractor shall also not be entitled to any extra payment due to hindrance resulting from normal Railway operation.
27. CONTRACTOR TO EXECUTE WORK WITH DILIGENCE & EXPEDITION: The Contractor shall execute the work with due diligence and expedition. Should he refuse or neglect to comply with any reasonable orders given to him in writing by the Railway in connection with the work or contravene the provisions of the contract the Railway shall be at liberty to give 7 day’s notice in writing to the Contractor, requiring to make good the neglect or contravention complained of and should the Contractor fail, to comply with the requisition made in the notice within 7 days, from the date of receipt, it shall be lawful for the Railway to take the work wholly or in part out of the Contractor’s hands without any further reference and get the work or any part thereof, as the case may be, completed by other agencies at the expense of the Contractor without prejudice to any other right or remedy of the Railway.
28. CONTRACTOR TO MAKE GOOD THE DEFICIT FOR THE FAILURE TO COMPLY WITH THE WORK: In the event of any loss to the Railway on account of execution and or completion of the work or any part thereof by agencies other than the Contractor in terms of the above clause, the Contractor shall be liable to reimburse the loss to the Railway without prejudice to the other rights and remedies of the Railway and the reimbursements shall be at the option of the Railway, from out of all or any of the following sources viz.
a) Any amount due and payable to Contractor by the Railway on any account whatsoever. b) The Contractor’s security deposit in the hands of the Railway as far as available. c) Any other assets whatsoever of the Contractor In the event of reimbursement from out of sources (a) and / or (b) mentioned above, the Railway shall have the right of appreciation suomoto.
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29. CONTRACTOR’S RESPONSIBILITY FOR ALTERATION OR WORK: The Contractor shall be responsible for and shall pay for any alteration of the works due to any discrepancies, errors or omissions that may arise from drawings or particulars have been approved by him, whether such drawings or particulars have been approved by the Railway or not. If any dimensioned figures upon a drawing differ from those obtained by scaling the drawing, the dimensioned figures are to be taken as correct. All dimensions, weights and measures shall be in metric units with British equivalents in brackets.
30. CONTRACTOR’S RESPONSIBILITY FOR PROPER EXECUTION OF WORK: The contractor shall be solely responsible for the correctness of all works according to approved drawing specification, not withstanding that he may have been assisted by the Railway in setting out the same.
31. CONTRACTOR’S ACCESS TO THE WORK – SITE AND RAILWAY’S POWER TO REFUSE ADMISSION TO CONTRACTOR’S REPRESENTATIVE TO THE SITE OF WORK:
31.1 Access to possession of the site for the purpose of the contract shall be afforded to the Contractor by the Railway at all reasonable times.
31.2 The Railway or its authorized representative shall have the right to refuse admission to the work site to any person employed by the Contractor whom the Railway or its authorized representative may consider undesirable.
32. REMOVAL OF PERSONS APPOINTED BY CONTRACTORS ON GROUNDS OF MISCONDUCT, INCOMEPETENCE OR NEGLIGENCE: The Railway shall be at liberty to object to the presence of any representative or other person employed by the contractor in or about the works, on the ground of misconduct; the Contractor on receipt of notice of such objection in writing from the Railway shall forthwith remove the person so objected to.
33. CONTRACTOR’S RESPONSIBILITY: 33.1 The Contractor shall, during the progress of the work, remain answerable and liable for all
accidents or injuries which may arise from or be occasioned by the acts or omissions of the Contractor or his representative or agents or workmen. All losses or damages arising from such incidents or injuries as aforesaid, shall be made good in the most complete and substantial manner, at site by and at the cost of the Contractor, in all respects, to the entire satisfaction of the Railway.
33.2 Until the official tests have taken place and the contract works have been finally accepted by the Railway, the Contractor shall be solely responsible for all the contract works whether such be in use for train operation, or for the purpose of testing under construction, during tests, or in use of the Railway’s service.
33.3 The Contractor shall make such tests as may be necessary to demonstrate to the satisfaction of the Railway that the works are executed in accordance with the requirement of the specification and contract.
34. INSURANCE: The Contractor shall take out and keep in force a policy or policies of insurance against all liabilities of the Contractor for the Railway at common law or under any statute in respect of accidents to persons who shall be employed by the Contractor in or about the site or the Contractor’s office for the purpose of carrying out Contract works on the site.
35. CONTRACTOR’S RESPONSIBILITY IN CASE INJURIES OR ACCIDENTS SUSTAINED BY HIS WORKMEN AND DAMAGE AND LOSS OF RAILWAY PROPERTY:
35.1 The Contractor shall indemnify and keep the Railway at all time indemnified and protected against all claims and liabilities that may arise under Workmen’s Compensation Act, the Factories Act and
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Payment of Wages Act and the rules made thereunder from time to time or under any other labour or industrial legislation made from time to time. The Contractor shall pay his labours not less than the wages paid for similar work in the neighbourhood or in the adjoining areas.
35.2 The Contract shall indemnify and protect the railway against all actions, suits, claims, demands, costs, charges or expenses arising in connection with any death or injury sustained by any person or persons within the railway premises by the acts or omissions of the Contractor, his agents or his staff during the execution of this contract, irrespective of whether such liability arises under the Workmen’s Compensation Act 1923, or the Fatal Accidents Act or any other statute in force for the time being.
36. SAFETY MEASURES: 36.1 The Contractor shall take all possible precautions to ensure that none of his workers knowingly or
unknowingly or other wise cause interference to the circuits or equipments in use and give rise to unsafe conditions or dislocation of traffic.
36.2 No work shall begin above or under or adjacent to any line of the Railway in consequence of which it may become necessary to foul any such line or it may in any way prejudice the same for safe passage of traffic unit look out and hand signalmen as required by the Engineer or his representative, shall have taken their duties.
36.3 The Contractor shall take all precautionary measures in order to ensure the protection of his personnel moving about or working in the Railway premises, which shall conform to the rules and regulations of the Railway. If and when in the course of the works, there is likely to be any danger to persons in the employment of the Contractor due to running traffic while working in the Railway siding and premises the Contractor shall apply in writing to the Railway Administration to provide Flagmen or lookout men for protection of such persons. The Railway Administration will, however, decide as to whether it is necessary to post such Flagmen for various types of work and also the number of such men required to protect the gang or gangs of the Contractor’s staff working at site. The Railway Administration shall remain indemnified by the Contractor, in the event of any accident occurring in the normal course of work arising out of the failure of the Contractor or his men to exercise reasonable precaution at all places of work whether or not the Railway Administration has posted Flagmen at any particular site of work. The Flagmen will be appointed by the Railway Administration and no expense on this account will be charged to the Contractor.
36.4 The Contractor shall abide by the Railway regulations in force for the time being and ensure that the same are followed by his representative, agents or workmen. He shall give due notice to his employees and workers about provision of this para.
36.5 While working within station limits, especially on passenger platforms, the Contractor shall ensure that at all times sufficient space is left for free movement of passenger traffic. He must cover and / or barricade the excavation carried out in such areas and continue to maintain these, till the work is completed with a view to avoiding any accident to public or Railway staff.
36.6 The works must be carried out most carefully without any infringement of the Indian Railways Act or the General and Subsidiary rules in force on the Railway, in such way that they do not hinder Railway operation nor affect the proper functioning of or damage any Railway equipment, structure or rolling stock except as agreed to by the Railway Administration, provided that all damage and disfiguration caused by the Contractor to any Railway or public property must be made good by the Contractor at his own expense failing which cost of such repairs shall be recovered from the Contractor.
36.7 If safety to the track, drainage etc, is affected as a consequence of works undertaken by the Contractor, the Contractor shall take immediate steps to restore normal conditions. In case of delay the Railway Administration shall, after giving due notice to the Contractor in writing, take necessary steps and recover the costs from the Contractor.
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36.8 The Contractor shall be responsible for safe custody of all materials supplied to the Contractor by the Railways in terms of the contract and such materials are to be guarded by the Contractor after the same are handed over to the Contractor and intimation to this effect is given to the Contractor by the Railway’s Representative.
36.9 All costs for guarding all the materials supplied by the Railways to the Contractor will be borne by the Contractor till the same are taken over by the Railway.
36.10 In the event of any theft or damage of the Railway materials including cable after these are handed over to the Contractor, Contractor will bear all the charges towards replacement of or repair to these materials.
36.11 The Contractor will be held responsible for any damage to water, electricity, sewage mains, signal or telecommunication cables, power cables, P&T cables or the permanent way or any other Railway installation due to the digging of trenches and laying of cables. In course of excavation, any liability arising out of the buildings, telephone or signalling cables, electric mains, gas and water pipes etc will have to be met by the Contractor.
37. ISSUE OF MATERIALS FROM RAILWAY STORES: If any material, which the Contractor would normally have arranged for himself, if supplied by the
Railway either at Contractor’s request or suomoto in order to prevent any possible delay in the execution of the work likely to occur due to the Contractor’s inability to make adequate arrangements for supply thereof or otherwise, recovery of prices of such materials will be made from Contractor’s bill at the highest of the following rates:
i) Book rate or Last purchase rate whichever is higher – Plus 5% on account of freight, 2% on account of incidental charges and 12.5% towards departmental charges on the overall cost.
ii) Accepted tender rate for such material under the Cotract. If however, the material required by the Contractor is not available in Railway stock, or the
Railway decides not to supply the same, be that for whatever reason, the Railway should not be bound to arrange for the supply at cost quoted above or at any other cost nor will this fact be accepted as an excuse for delay in execution of the works.
38. EXTENSION OF TIME FOR DELAY DUE TO CONTRACTOR: 38.1 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 not 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 General Condition of Contract, (Revised Edition 2001) of Engineering Department, the Railway may, if satisfied that the works can be completed by the contractor within reasonable short time thereafter, allow the contractor such further extension of time 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 ½ of 1% of the contract value of the works for each week or part of the week.
38.2 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 lakhs. 10% of the total value of the contract. ii For contracts valued above Rs. 2 lakhs. 10% of the first Rs. 2 lakhs and the 5% of the balance.
38.3 Imposition of token penalty for delay in the completion of work (As per Rly. Bd’s letter No. 2007/CE.1/CT/18, dtd. 28.09.2007): While granting extension to the currency of contract the competent authority may also consider levy of token penalty as deemed fit based on the merit of the case.
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38.4 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 these conditions (i.e. GCC of Engineering Department Revised Edition 2001), whether or not actual damages is caused by such default.
39. EXTENSION OF TIME: If such failure as aforesaid shall have arisen from any cause which the Railway may admit as being
a reasonable ground for extension of time the Railway shall allow such additional time, as it may in its absolute discretion consider to be reasonably justified by the circumstances of the case. Representation of extension shall be sent by the Contractor at least one month prior to the expiry of completion period.
40. CONTRACTOR’S LIABILITY FOR COSTS, DAMGES ETC.: All costs, damages or expenses which the Railway may have paid, for which under the contract the
Contractor is liable, may be either deducted by the Railway at its discretion from any moneys due or to become due or refundable to the Contractor under the contract, or may be recovered by action at law or otherwise from the contract. The Railway reserves the right and shall be entitled to retain payments due to the Contractor under this contract and to set off the same against all claims whether arising out of this contract or out of any other transaction whatever against the Contractor.
41. RESPONSIBILITY FOR CONTRACT WORKS: The Contractor shall be responsible for and shall without delay make good all damages occurring
to the contract works or to any materials or equipments forming or intended to form part thereof until acceptance of the same by the Railway’s Engineers in reinstating the same at his own expense in all respects (including the cost of transport by sea and rail of any materials, equipments and things and the customs duties thereon). Provided that the Contractor shall not be responsible for such damage occurring in the site as may be due in the opinion of the General Manager, to the improper use thereof by the Railway or to the negligence of the Railway or any other Contractor employed by the Railway on the site.
42. PROVISIONAL ACCEPTANCE: 42.1 Immediately after the completion of the whole work, the contractor will give a written notice to the
Railway of the fact of completion of the entire installation stating that the work is ready to be handed over.
42.2 The test/tests as per Technical Specifications in connection with the taking over by the Railway of the equipments and works shall be carried out by the Railway in the presence of Contractor/s.
42.3 After the Railway is satisfied by the work, they will issue a provisional acceptance certificate which would be signed by both the parties.
43. CONTRACTOR’S LIABILITY: The Contractor will be relieved of liability arising under this contract wherever and to the extent to
which the fulfillment of any obligation under the contract is prevented, restricted or impeded, by reason of any statutory rules, regulations, orders or requisitions issued by any Government Department or other Competent Authority. The Railway shall consider such claims as are deemed reasonable and are supported by vouchers to the satisfaction of the Railway.
44. PAYMENT: 44.1 Subject to any deduction which Railway may be entitled to make under the Contract, the contractor
shall, (unless or otherwise agreed to by them) be entitled to payments as follows:-
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44.2 The Contractor shall be entitled to be paid from time to time by way of “On Account” Payments only for such works as in the opinion of the Railway’s Engineer he has executed in terms of the contract. Such payments will be made on the basis of actual measurements taken by the Railway’s Representative not below the rank of inspector-in-charge. All payments due on the Engineer’s or the Engineer’s Representative’s Certificate of actual measurement shall be subject to any deduction as indicated.
44.3 (i) 90% payment for the cost of materials duly inspected and certified (with documents) by the Inspecting Authority authorized by the Railway and supplied by the Contractor shall be paid on delivery of the said materials in good condition at Stores Godown of Signal / Telecom Inspector and on certification by the authorized Rly. Representative i.e. Signal / Telecom Supervisor.
(ii) Balance 10% of the cost of the materials to be paid on commissioning of the installation to the satisfaction of the Railway’s Engineer.
44.4 It may be noted that under the Finance Act of 1972, a 2% deduction will be made from Contractor bills paid on or after 1.6.1972 when the contract value exceeds Rs. 5000/-. Surcharge on Income Tax as levied by Ministry of Finance, Govt. of India from time to time is also recoverable from the bill.
44.5 The security money deposited under clause 12 will be refunded after completion of 12 (twelve) months from the date on which the work on last station/section is completed and taken over by the Railway’s Representative and on receipt of the certificates of satisfactory completion of the work from the Railway’s Engineer.
44.6 Works contract tax is also recoverable as per prevailing rules. 44.7 The tenderer for carrying out any construction work in West Bengal / Jharkhand must get themselves
registered from the Registering Officer under Section-7 of the Building and Other Construction Workers Act., 1996 and rules made thereto by the West Bengal / Jharkhand Govt. and submit certificate of Registration issued from the Registering Officer of the West Bengal / Jharkhand Govt. (Labour Deptt.). For enactment of this Act., the tenderer shall be required to pay cess @ 1% of cost of construction work to be deducted from each bill. Cost of material shall be outside the purview of cess, when supplied under a separate schedule item.
45. DETERMINATION OF THE CONTRACT: 45.1 RIGHT OF RAILWAY TO DETERMINE CONTRACT:
During the execution of the work the Railway shall be entitled to determine and terminate the contract at any time should, in the Railway’s opinion, the cessation of work become necessary owing to paucity of funds or from any other cause whatever, in which case the value of approved materials at site and the work done to date by the Contractor will be paid for in full at the rates specified by the Contract Notice in writing from the Railway of such determination and the reason therefore shall be conclusive evidence thereof.
45.2 PAYMENT ON DETERMINATION OF CONTRACT: Should the contract be determined under Sub-clause 45.1 of this clause and the Contractor claims payment for expenditure incurred by him in the expectation of completing the whole of the work, the Railway shall admit and consider such claims as are deemed reasonable and are supported by vouchers to the satisfaction of the Engineer. The Railway’s decision on necessity and propriety of such expenditure shall be final and conclusive.
46. MATTERS FINALLY DETERMINED BY THE RAILWAY: All differences and disputes of any kind whatsoever arising out of or in connection with the contract,
whether during the progress of the works or after their completion and whether after or before the determination of the contract, shall be referred by the Contractor to the Railway and the Railway shall within a reasonable time after their presentation make and notify decisions thereon in writing. The decisions, directions, classification, measurements, drawings and certificates with respect to any matters, the decision of which is specially provided for, by those or other special conditions, given and made by the Railway or the Engineer on behalf of the Railway are matters which are referred to hereinafter as ‘execpted matters’ and shall be final and binding upon the Contractor and shall not be set aside on account of any informality, omission, delay/or error in proceeding in or about the same or any other ground or for any other reason and shall be without appeal.
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47. DEMAND FOR ARBITRATION: 47.1 If the Contractor be dissatisfied with the decision of the Railway, or any matter in question, dispute
or difference, on any account or as to the withholding by the Railway of any certificate to which the Contractor may claim to be entitled to or if the Railway fails to make a decision within a reasonable time, than and in any such except in any of the “Excepted Matters” referred to in clause 46 of these conditions, the Contractor may within 90 days of the receipt of the communication of such decision or after the expiry of the reasonable times as the case may be, demand in writing that such matter in question, dispute or difference be referred to arbitration. Such demand for arbitration shall be delivered to the Railway by the Contractor and shall specify the matters, which are in question, dispute or difference and only such dispute or difference of which the demand has been made and no other shall be referred to arbitration.
47.2 Work under the contract shall, unless otherwise directed by the Engineer, continue during the arbitration proceeding, and no payment due or payable by the Railway shall be with-held on account of such proceedings provided however it shall be open for the arbitrator or arbitrators to consider and decide whether or not such work should continue during arbitration proceedings.
47.3 (a) ARBITRATION: Clause No. 63 & 64 of General conditions of contract (GCC) of Eangg. Department 1994 have been revised in view of the promulgation of the Arbitration and conciliation ordinance, 1996. Revised Arbitration clause have been approved as follows and applicable for the subject tender.
63. Matters finally determined by the Railway - All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract, shall be referred by the contractor to the GM and the GM shall within 120 days after receipt of the contractor's representation make and notify decisions on all matters referred to by the contractor in writing provided that matters for which provision has been made in clauses 8, 18, 22(5), 39, 43(2), 45(a), 55, 55-A(5), 57, 57A, 61(1), 61(2) and 62(1) to (xiii)(B) of General Conditions of contract of Engg. Department revised edition 2001 or in any clause of the special conditions of the contract shall be deemed as ‘excepted matters’ (matters not arbitrable) and decisions of the Railway authority, thereon shall be final and binding on the contractor provided further that ‘excepted matters’ shall stand specifically excluded from the purview of the arbitration clause.
64 (1) (i) DEMAND FOR ARBITRATION : In the event of any dispute or difference between the parties hereto as to the construction or
operation of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account, or as to the withholding by the Railway of any certificate to which the contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days, then and in any such case, but except in any of the "excepted matters" referred to in clause 63 of these conditions, the contractor, after 120 days but within 180 days of his presenting his final claim on disputed matter, shall demand in writing that the dispute or difference be referred to Arbitration.
64 (1) (ii) The demand for arbitration shall specify the matters, which are in question or subject of the dispute
or difference as also the amount of claim item-wise. Only such dispute(s) or difference(s) in respect of which the demand has been made, together with counter claims or set off, given by the Railway, shall be referred to arbitration and other matters shall not be included in the reference.
64. (1) (ii) (a) The arbitration proceedings shall be assumed to have commenced from the day a written and valid demand for arbitration is received by the Railway.
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(b) The claimant shall submit his claim stating the facts supporting the claims along with all relevant documents and the relief or remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral Tribunal.
(c) The Railway shall submit its defence statement and counter claim(s), if any, within a period of 60 days of receipt of copy of claims from Tribunal thereafter, unless otherwise extension has been granted by Tribunal.
64. (1) (iii) No new claim shall be added during proceeding by tribunal party. However, a party may amend or
supplement the original claim or defence thereof during the course of arbitration proceedings subject to acceptance by Tribunal having due regard to the delay in making it.
64. (1) (iv) If the contractor(s) does/do not prefer his/their specific and final claims in writing, within a period
of 90 days of receiving the intimation from the Railways that the final bill is ready for payment, he/they will be deemed to have waived his/their claim(s) and the Railway shall be discharged and released of all liabilities under the contract in respect of these claims.
64. (2) Obligation during pendancy of arbitration. - Work under the contract shall, unless otherwise
directed by the Engineer, continue during the arbitration proceedings, and no payment due or payable by the Railway shall be withheld on account of such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider and decide whether or not such work should continue during arbitration proceedings.
64 (3) (a) (i) : In cases where the total value of all claims in question added together does not exceed Rs.
10,00,000/- (Rupees Ten Lakhs only), the Arbitral Tribunal shall consist of a sole arbitrator who shall be a Gazetted Officer of Railway not below JA Grade, nominated by the General Manager. The sole Arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by GM.
64 (3) (a) (ii) In cases not covered by clause 64(3)(a)(i), the Arbitral Tribunal shall consist of a panel of three
Gazetted Railway Officer not below JA Grade or 2 Railway Gazetted Officers not below JA Grade and a retired Railway Officer, retired not below the rank of SAG Officer, as the Arbitrators. For this purpose, the Railway will send a panel of more than 3 names of Gazetted Railway Officers of one or more departments, of the Railway which may also include the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitrator to the Contractor within 60 days from the day when a written and valid demand for arbitration is received by the GM. Contractor will be asked to suggest to General Manager up to 2 names out of the panel for appointment as contractor’s nominee within 30 days from the date of dispatch of the request by Railway. The General Manager shall appoint at least one out of them as the contractor’s nominee and will, also simultaneously appoint the balance number of arbitrators either from the panel or from out side the panel, duly indicating the ‘presiding arbitrator’ from amongst the 3 arbitrators so appointed. GM shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of contractor’s nominees. While nominating the arbitrators it will be necessary to ensure that one of them is from the Accounts department. An officer of Selection Grade of the Accounts department shall be considered of equal status to the officers in SA Grade of other departments of the Railways for the purpose of appointment of arbitrators.
64 (3) (a) (iii) If one or more of the arbitrators appointed as above refuses to act as arbitrator, withdraws from his
office as arbitrator, or vacates his/their office/offices or is/are unable or unwilling to perform his functions as arbitrator for any reason whatsoever or dies or in the opinion of the General Manager
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fails to act without undue delay, the General Manager shall appoint new arbitrator/arbitrators to act in his/their place in the same manner in which the earlier arbitrator/arbitrators had been appointed. Such re-constituted Tribunal may, at its discretion, proceed with the reference from the stage at which it was left by the previous arbitrator(s).
64 (3) (a) (iv) The Arbitral Tribunal shall have power to call for such evidence by way of affidavits or otherwise
as the arbitral tribunal shall think proper, and it shall be the duty of the parties hereto to do or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award without any delay.
64 (3) (a) (v) While appointing arbitrator(s) under sub-clause (i), (ii) and (iii) above, due care shall be taken that
he/they is/are not the one/those who had and opportunity to deal with the matters to which the contract relates or who in the course of his/their duties as Railway servant(s) expressed views on all or any of the matters under dispute or differences. The proceedings of the Arbitral Tribunal or the award made by such Tribunal will, however, not be invalid merely for the reason that one or more arbitrators had, in the course of his service, opportunity to deal with the matters to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute.
64 (3) (b) (i) The arbitral award shall state in itemwise, the sum and reasons upon which it is based.
64 (3) (b) (ii) A party may apply for corrections of any computational errors, any typographical or clerical errors
or any other error of similar nature occurring in the award and interpretation of a specific point of award to tribunal within 30 days of receipt of the award.
64 (3) (b) (iii) A party may apply to tribunal within 30 days of receipt of award to make an additional award as to
claims presented in the arbitral proceedings but omitted from the arbitral award.
64.4 In case of the Tribunal, comprising of three Members, any ruling or award shall be made by a majority of Members of Tribunal. In the absence of such a majority, the views of the presiding Arbitrator shall prevail.
64.5 Where the arbitral award is for the payment of money, no interest shall be payable on whole or any part of the money for any period till the date on which the award is made.
64.6 The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia include fee of the arbitrator(s) as per the rates fixed by the Railway administration from time to time.
64.7 Subject to the provisions of the aforesaid Arbitration and conciliation Act 1996 and the rules there under and any statutory modification thereof shall apply to the arbitration proceedings under this clause.
47.4 Upon every and any such reference, the assessment of the cost incidental to the reference and
award respectively shall be on the discretion of the arbitrators or of the Umpire appointed by them as the case may be.
48. VENUE OF ARBITRATION: The venue of the arbitration shall be placed at the place from which the Acceptance Note was
issued or such other place as the Railway at its discretion may determine.
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49. APPLICABILITY OF LAWS: This contract shall be governed in all respects by the laws of the Republic of India for the time
being in force.
50. REPRESENTATIVE ON BEHALF OF THE RAILWAY: Unless otherwise provided for in this contract, all notice to be given on behalf of the Railway and
all other actions to be taken on his behalf, may be given or taken, as the case may be, on his behalf by Senior Divisional Signal & Telecommunication Engineer, South Eastern Railway, Adra.
51. FORFEITURE OF SECURITY DEPOSIT: The Security Deposit shall, however, be liable to be forfeited wholly or in part in case of any breach by the contractor of any of the conditions of the contract or for non completion of the full contract, without prejudice to the other rights and remedies of the Railway whether specifically provided or hereinafter or otherwise.
52. CONTRACTOR’S REPONSIBILITY FOR COMPLETENESS OF WORK: The Contractor shall be responsible for the supply, installation, wiring, testing, commissioning and maintenance of the entire scheme in accordance with the tender document. He shall include all items which are necessary for proper and efficient operation of the equipments supplied by him, whether they are specially mentioned or not.
53. INDEMNITY: The Contractor shall indemnify and save harmless the Railway from and against all actions, suits, proceedings, losses, costs, damages, charges, claims and demands of every nature and description brought or recovered against by the Railway by reason of any act or omission of the Contractor, his agents or employees, in execution of the works or in the guarding of the same. All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation to be applied to the use of the Railway without reference to the actual loss or damage sustained, and whether or not any damage shall have been sustained.
54. REPORTING OR ACCIDENTS TO LABOUR: The Contractor shall be responsible for the safety of all employees employed by him directly or indirectly on the works and shall report serious accidents to any of them however and wherever occurring on the works to the Engineer or Engineer’s Representative and shall make every arrangement to render all possible assistance.
55. DETERMINATION OF CONTRACT OWING TO DEFAULT OF CONTRACTOR (Amended as per Rly. Bd’s letter No.2003/CE-I/CT/4/PT.I, dt. 12/16.05.06):
55.1 If the Contractor should: (i) becomes bankrupt or insolvent or (ii) make an arrangement with or assignment in favour of his creditors, or agree to carry out the
contract under a committee of inspection of his creditors, or (iii) being a Company or Corporation, go into liquidation (other than a voluntary liquidation for the
purpose of amalgamation or reconstruction), or (iv) have an execution levied on his goods or property on the works, or (v) assign the contract or any part thereof otherwise than as provided in clause 25 of these conditions
and / or Clause 7 of GCC (VoL.-2) 2001, or (vi) abandon the contract, or (vii) persistently disregard the instructions of the Railway’s Engineer or contravene any provision of the
contract, or (viii) Fail to adhere to the agreed programme of work by a margin of 10% of the stipulated period, or
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(ix) Fail to remove materials from the site or to pull down and replace work after receiving from the Engineer notice to the effect that the said materials or works have been condemned or rejected under Clause 25 & 27 of GCC (Vol.-2) 2001, or
(x) Fail to take steps to employ competent or additional staff and labour as required under clause 19 of the conditions and / or Clause 26 of GCC (Vol.-2) 2001, or
(xi) Fail to afford the Engineer or Engineer’s Representative proper facilities for inspecting the works or any part thereof as required under clause 19 of these conditions and / or Clause 28 of GCC (Vol.-2) 2001, or
(xii) promise offer or give any bribe, commission, gift or advantage either himself or through his partner, agent or servant to any officer or employee of the Railway or to any person on his or on their behalf in relation to the execution of this or any other contract with the Railway.
(xiii) (A) At any time after the tender relating to the contract has been signed and submitted by the contractor, being a partnership firm admit as one of its partners or employ under it or being an incorporated company elect or nominate or allow to act as one of its directors or employ under it in any capacity whatsoever any retired engineer of the gazetted rank or any other retired gazetted officer working before his retirement, whether in the executive or administrative capacity, or whether holding any pensionable post or not, in the Eangineering Department of the Railways for the time being owned and administered by the President of India before the expiry of two years from the date of retirement from the said service of such Engineer or Officer unless such Engineer or Officer has obtained permission from the President of India or any officer duly authorized by him in this behalf to become a partner or a director or to take employment under the contractor, as the case may be, or
(B) Fail to give at the time of submitting the said tenderL:- (a) The correct information as to the date of retirement of such retired engineer or
retired officer from the said service, or as to whether any such retired engineer or retired officer was under the employment of the contractor at the time of submitting the said tender, or
(b) the correct information as to such engineers or officers obtaining permission to take employment under the contractor, or
(c) being a partnership firm, the correct information as to, whether any of its partners was such a retired engineer or a retired officer, or
(d) being an incorporated company, correct information as to whether any of its directors was such a retired engineer or a retired officer, or
(e) being such a retired engineer or retired officer suppress and not disclose at the time of submitting the said tender the fact of his being such a retired engineer or a retired officer or make at the time of submitting the said tender a wrong statement in relation to his obtaining permission to take the contract or if the contractor be a partnership firm or an incorporated company to be a partner or director of such firm or company as the case may be or to seek employment under the contractor.
Then and in any of the said cases, the Engineer on behalf of the Railway may serve the Contractor with a notice (Proforma at Annexure-III) in writing to that effect and it the Contractor does not within seven (07) days after the delivery to him of such notice proceed to make good his default in so far as the same is capable of being made good and carry on the work or comply with such directions as aforesaid to the entire satisfaction of the Engineer, the Railway shall be entitled after giving 48 hours notice (Proforma at Annexure IV) in writing under the hand of the Engineer to rescind the contract as a whole or in part or parts (as may be specified in such notice).
55.2 Right of Railway after rescission of contract owing to default of Contractor:- In the event of any or several of the courses, referred to in Sub-clause 55.1 above, being adopted:
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(a) The Contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into any Commitments or made any advances on account of or with a view to the execution of the works or the performance of the contract and Contractor shall not be entitled to recover or be paid any sum for any work thereto for actually performed under the contract, unless or until the Engineer shall have certified the performance of such work and the value payable in respect thereof and the Contractor shall only be entitled to be paid the value so certified.
(b) The Engineer or the Engineer’s Representative shall be entitled to take possession of any materials, tools, implements, machinery or buildings on the works or on the property on which these are being or ought to have been executed, and to retain and employ the same in the further execution of the works or any part thereof until the completion of the works without the Contractor being entitled to any compensation for the use and employment thereof or for wear and tear or destruction thereof.
(c) The Engineer shall, as soon as may be practicable after removal of the Contractor, fix and determine ex-perte or by or after reference to the parties or after such investigation or enquiries as he may consider fit to make or institute and shall certify what amount (if any) had at the time of rescission of the contract been reasonably earned by or would reasonably accrue to the Contractor in respect of the work then actually done by him under the Contract and what was the value of any unused or partially used materials, any constructional plants and any temporary works upon the site. The legitimate amount due to the contractor after making necessary deductions and certified by the Engineer should be released expeditiously.
56. CONTRACTOR TO MAKE GOOD THE DEFECTIVE EQUIPMENT: If the completed equipment or any portion thereof, before it is taken over, be found to be defective
or the Contractor otherwise fails to fulfill the requirements of the contract and / or its purpose, the Railway shall give the Contractor notice, setting for the particulars of such defects or failure and the Contractor shall forthwith make the defects good or alter the same to make it comply satisfactorily with the said requirements. Should the Contractor fail to do so within a reasonable time after the service of the said notice upon him, the Railway may reject and replace the whole or part of such defective equipment, as the case may be at the cost of the Contractor, such replacements shall be carried out by or at the instance of Railway within a reasonable time and as far as reasonably practicable, to the same specification and under competitive conditions. The Contractor’s full liability under this clause shall be satisfied by the payment to the Railway of the extra total cost, if any, of such replacement delivered and erected as provided in the original contract, such extra cost being the ascertained difference between the cost of equipment purchased and replaced by the Railway under the provision mentioned above for such replacement and contract price for the plant so replaced, plus the sum, if any, paid by the Railway to the Contractor in respect of such defective equipment. Should the Railway not so replace the rejected equipment within a reasonable time, the Contractor’s liability under this clause shall be satisfied by the repayment by the Contractor of all money paid by the Railway to him in respect of such rejected equipment.
57. SUPERVISION OF ERECTION / MAINTENANCE & CHARGE THEREOF: 57.1 Where Supervision of Erection / Testing / Commissioning is a scheduled item of the Contract, the
Contractor shall depute his Competent Erection Engineer to supervise all works of the installation and who shall be responsible for Testing and final Commissioning of the installation to the entire satisfaction of the Railway’s Engineer.
57.2 Where supervision of maintenance after Commissioning of the installation (for a specified period solely at the discretion of the Railway) is a scheduled item of the contract, the contractor shall depute his competent Engineer who shall supervise the Maintenance of the entire installation for the specified period, solely at the discretion of the Railway from the date of commissioning of the
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installation. During this period, he shall rectify all defects that may arise in the work executed due to bad workmanship on the part of the contractor or otherwise, defect in the equipments or due to any other reason and shall repair the defects or replace the defective equipment at the cost of the Contractor. The Railway Engineer decision in this regard is final and binding on the Contractor.
57.3 Charges quoted in Schedule/s and accepted on account of supervision of Erection / Maintenance done during the month or part thereof shall be claimed after expiry of the concerned calendar month on production of a certificate from the Railway’s Engineer.
58. SUPPLY OF MATERIALS FROM RAILWAY’S STORES GODOWNS: 58.1 The materials required for the work will be supplied by the Railway at Signal / Telecom
Supervisor’s stores godown. The quantity required would be determined by the Railway according to the quantum of work to be done. The Contractor shall be responsible for checking before taking delivery that all the materials given to him are in good condition. The receipt of materials shall be acknowledged by the Contractor or his representative, mentioning details of materials and their quantities on prescribed proforma in Annexure- C. The Contractor shall make his own arrangements for transportation of these materials to the work spot and guarding thereof till the works are completed and provisional acceptance letter issued by the Railway.
58.2 The Contractor shall be liable to render full account of all the materials issued by the Railway. If any quantity of Railway materials consumed excess or wasted or damaged or lost or otherwise not satisfactorily accounted for, necessary recovery shall be made from him at the prevalent market rate Plus Railway freight, handling, loading, supervision and incidental charges at rates fixed by the Railway Administration. To this will be added an increase of 100%.
58.3 The Contractor shall return all the excess or unused materials supplied to him by the Railway including empty cement bags, empty cable drums and all released materials to the authorized Railway representative at stores godown of Signal / Telecom Supervisor from where the materials were drawn by the contractor.
59. In order to adhere to the stipulated periods of commissioning of the proposed work the Contractor shall make his own arrangements to employ sufficient men and materials considered necessary for execution of works.
60. RESPONSIBILITY FOR COMMISSIONING: Until the Contract works have been provisionally accepted by the Railway, the Contractor shall be
entirely responsible for the works, whether under construction, during the tests or in use of the Railway’s service in respect of preservation, guarding and maintenance. The Contractor shall keep attendants constantly on the sites during the period until Railway’s provisional acceptance.
61. TERMS OF GUARANTEE: 61.1 The Contractor shall guarantee satisfactory operation of all installation under the contract for a
period of 12 months, beginning from the date of provisional acceptance certificate is issued by the Rly. This guarantee shall also cover rectification of defects that may arise in the works executed under the contract due to bad workmanship on the part of the Contractor or otherwise. The defects pointed out by the Railway’s Engineer in this regard will be final and binding and the contractor/s shall have to rectify the same at his/their own cost.
61.2 The Contractor, during the guarantee period, shall carry out in his own expense all modifications, additions or substitutions that may be considered necessary, for the satisfactory working of the equipments.
61.3 During the period of guarantee i.e. 12 months from the date of issue of provisional acceptance by the Railway, the Contractor shall be liable for the replacement of any parts that may be found defective in the equipment whether such equipment be of his own manufacture or of his sub-contractor’s provided always that such defective parts as are not repairable at site are promptly
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returned to the (Contractor’s) works if so required by him at his (Contractor’s) own expense. The Contractor shall bear the cost of minor repair carried out by him or on his behalf by the Railway at site. Such defective parts should be replaced by new parts, which should correct the defects.
61.4 During the period of guarantee the Contractor shall keep all materials, tools and other requisite equipment readily available and shall carry out at his own expense all modifications, additions or substitutions, that may be considered necessary for satisfactory working of the contracted work or equipment supplied by him. Final decision in respect of unsatisfactory working of the contracted work or equipment or faulty design or workmanship, etc., shall rest with the Senior Divisional Signal and Telecommunication Engineer, South Eastern Railway, Adra or Divisional Signal and Telecommunication Engineer, Adra or Assistant Signal and Telecommunication Engineer, Adra / Bokaro Steel City.
61.5 No compensation towards any accident whatsoever will be paid by the Railway. 61.6 The Contractor shall furnish a standing Bank Guarantee of Rs. 25,000/- (Rupees twenty five
thousand only) for materials supplied by the Railway Administration direct to the Contractor for works from the time he commences taking delivery of the materials to the time the works are completed at site and the quantities finally reconciled.
61.7 The Contractor shall also be required to furnish an Indemnity Bond on the proforma as per Annexure-D for a sum of Rs. 3,00,000 for the materials which will be handed over to him by Railway Administration for works. The quantity of materials that shall be handed over to the Contractor for execution of the works and the cost of this quantity remaining unused in the custody of the Contractor shall under no circumstances exceed at any time, the value of the Indemnity Bond i.e. Rs. 3,00,000/-.
62. NIGHT WORK: If the Railway is, however, satisfied that the work is likely to be completed in time except by
resorting to night work, by special order, the Contractor would be required to carry out the work even at night, without conferring any right on the Contractor for claiming compensation.
63. VARIATION IN CONTRACT QUANTITIES (As per Railway Board’s letter No. 2007/CE-I/CT/18, dated. 28.09.2007 and 2007/CE.I/CT/18 Pt.XII, dated. 31.12.2010):
The procedure detailed below shall be adopted for dealing with vatiations in quantities during execution of works contracts:
63.1 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.
63.2 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,
(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,
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(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 agreemental 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.
63.3 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.
63.4 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.
63.5 No such quantity variation limit shall apply for foundation items. 63.6 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).
63.7 For the tenders accepted at the Zonal Railways level, the variation in the quantities will be approved by the authority in whose powers revised value of the agreement lies.
63.8 For tenders accepted by General Manager, variation up to 125% of the original agreement value may be accepted by General Manager.
63.9 For tenders accepted by Board Members and Railway Ministers, variation up to 110% of the original agreement value may be accepted by General Manager.
63.10 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.
64. STORAGE OF PETROLEUM: No petroleum spirit within the meaning of the Indian Petroleum Act shall be stored at site or
adjacent land until the approval of the Railway and necessary licence under the Act has been obtained by the Contractor.
65. INSPECTION CHARGE – Deleted.
Sd./- Divisional Railway Manager (Sig. & Tele.) South Eastern Railway, Adra For & On Behalf of the President of India
The above “Conditions of Tender and Contract” are understood and accepted by me/us.
Signature of Tenderers…………………. Dated…………………..
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South Eastern Railway
Name of the work: Execution of Sectional Signalling Maintenance Contract work for the period of one year in the jurisdiction of SSE(Sig.)/BKSC of Adra Division. Schedule –A (Execution Portion)
Sl. No.
Description of work Qty. Unit Rate in Rs. Amount in Rs.
1 Excavation of trenches in all soft rocky area and clearing of roots of trees, rocks etc. including bailing out water disposal of extra soil including back filling with excavated earth and ramming of trenches after cable laying for the Depth 1.0 Mtr. & width 0.3 Mtr. as specified in Tech. Circular No. 2 of 1988 issued by CSTE/S.E.Railway.
8 Km 30390.00 243120.00
2 Excavation of trench in all kinds of soils including soft rocky area and clearing of roots of trees, rocks etc. to a depth of 1 mtr and width 0.3 mtr for Track/Pucca Road/Platform crossing/level crossing, and supply and transportation and laying of DWC pipe of dia 120/102.5mm in trench & culvert and drawing of cable through DWC pipe including back filling and ramming of trench after cable laying for the following depths and width as specified in Tech.Circular No. 2 of 1988 issued by CSTE/S.E.Rly. Note:i)This includes repairing and plastering of platform / Pucca Road after cable laying DWC pipe shall be inspected by the representive of Sr.DSTE/ADA before laying. ii) Cement,Sand,stone chips and pitch required for the above work will be supplied by the contractor. iii) DWC pipe of 120/102.5mm dia will be supplied by the contractor . iv) Materials will be inspected by the representative of Sr. DSTE/ ADA.
250 Mtr 503.00 125750.00
3 Laying of signalling cables /power cable in the excavated trenches as per Drg. No. Con/SK/T/5. Transportation, supply of 'U' clamps & anchoring of cable at every 10 Mtrs. With 'U' clamp to Drg. No. CSTE (Con)/ Cable/81. Transportation, supply and placing of cable demarcating lead belt to Drg. No. Con/SK/T/6 punched at an interval of 30 Mtr. and wrapped round each cable through out the cable route and also track/road/wall /platform crossing as above specified in Tech. Circular
16 km 13830.00 221280.00
Page 35
No. 2 of 1988 issued by CSTE/S.E.Rly. and guarding the cables, collecting empty drums and return to the store of the stock holder. This includes transportation of empty drums with left over cables from site to the Store of concern SE/SSE (sig). Inspection of 'U' clamps & cable demarcating lead belt shall be done by Rep. of Sr.DSTE/ADA before use. Note : The cable should not criss-cross inside the trench through out the length of cable length. i) Cable will be supplied by Railway.
4 Cutting and smoothening of inside surface of sizes 80mm deepx70mm width chase in concrete or hard rocks .This work includes laying and covering of cable laid in the chase with standard size second class bricks placed and embedded longitudinally and plastered on the top the bricks as per drg no. con/sk/T/1 for the single cable/multiple cable(up to 3). Bricks shall be supplied by the contractor at site and to be inspected by representative of Sr. DSTE before placing in the chase.
400 Mtr 111.00 44400.00
5 Transportation of Cables in roll with or without wooden drums from concerned SSE(Sig)/Store.
30 Drum/ Roll
1129.00 33870.00
6 Excavation of pit for Signal cable jointing in all kinds of soils.
50 No 171.00 8550.00
7 Transportation "A"/"B" type foundation, excavation of pit,casting of concrete foundation for A/B type foundation to Drg No-Con/SK/T/ 7 .The standard ratio of mixure i.e cemernt, sands and 1" stones chips shall be in 1:2:4 respectively. All the materials like sand,cement, 1" stone chips& bricks for casting of foundation and for other miscellaneous works shall be supplied by the contractor at the site of work. Inspection of the materials to be done by representaive of Sr.DSTE/ADA before use.
5 No 2836.00 14180.00
8 Excavation of earth pit, placing & fixing of earth electrode with construction of cement enclosed to Drg. No. Con/SK/T/9 & Con/SK/T/9A and drawal of 6 SWG GI wire to specification No. S-14 from earth electrode to goomties relay room apparatus case, signal unit, cabin, station etc. as the case may be including fixing and soldering of copper lugs at both ends of the wire. This includes transportation of materials.
50 No. 1235.00 61750.00
Page 36
Note: Materials such as charcoal, salt, salammoniac, GI wire, copper lugs ,bricks, sand, cement with bolts and nuts etc. shall be supplied by the contractor and inspection by the Sr.DSTE/ADA's representative before use.
9 Excavation of pit, casting of concrete foundation and erection of steel apparatus case to Drg. No. Con/SK/T/8 with 4 Nos. of foundation bolts 20mm x 460mm to Drg. No. SA-112A/M with one nut and one washer fixing of teak wood shelve planks, T.W. strips, Hylum sheet of size 625mm x 37mm x 3mm for writing terminal description, terminals, fuse blocks, track battery chargers, adjustable resistances, choke coils, Fuses, Relays, etc. as required including fixing and termination of cables with number embossed ferrules, bunches of cables with PVC tape, earthing of cable armours, painting, lettering, etc. as required. This includes transportation of materials. The standard ratio of cement concrete (cement, sand and 1" stone chips) shall be 1:3:6 respectively. The contractor shall supply hylum sheet and 4 Nos. foundation bolts, nuts and washers for each set and bolts and nuts and screws of sizes for fixing equipments and M.S. clamps for fixing cables. This also includes supply of sand and filling up of cable pit inside the apparatus case by sand. Cement, sand & store chips required for execution of this work will also be supplied by the contractor.
10 No. 4889.00 48890.00
10 Transportation and Digging of pit 2 Mts apart, palcing of trestles 2/4 way in the pit along the rodding alignment including fitting of standard on trestles with bolts and nuts of sizes, top & bottom rollers, split pin etc. to Drg. No. SA-3548/M(Adv) for 2-way & SA-3550/M (Adv) for 4-way roller guide assembly, refilling by excavated of earth and fully ramming all sides upto the top of the trestels including concreting wherever required for the following: i) 2- way/4-way Roller Guide Assembly.
100 No 113.00 11300.00
11 Transportation & Installation of point rodding solid 32 mm Drg.No S-3635A (Adv)-Alt 1 & Placing of point roddings on trestles fixed at 2 mtrs interval fixing the rodding with bolts & nuts 12mm x 50mm size along the entire rod run including cross rods and connecting the rod run for operation of points, Lock / Holding /
150 Mtr 49.00 7350.00
Page 37
Clearance Bars etc from the cabin lever frames which includes all smithy works (forge welding) of rods with solid / flush / lug joints, point adjusting screws etc with suitable off sets on rodding wherever required. This includes painting of entire rodding by Red Oxide & Graphite with lean seed oil. NB: The Bolts & Nuts of size 12mm x 50mm and split pins of size 3/8" inch shall be supplied by the contractor.
12 Transportation, Installation Painting & lettering,Testing & commissioning of the following lock bar/ Holding bar to Drg. No. SA-3213/M a) Lock bar complete of the following: i) Lock bar clips =12 Nos ii) Lock bar 3 section = 01 set iii) Radial Guide = 01 No iv) Stop for lock bar = 03 Nos v) Rod Lock driving =01 No vi) Rod bar driving = 01 No vii) Rod Connecting = 01 No viii) Extended bracket = 01 No ix) Bar tie = 02 No's x) Bar stay=2 No xi) Attachment for Lock bar = 02 No xii) Cranks 12 "x 16"= 01 No. NB: This includes all smithy works (Forge welding) and drilling of holes wherever required as involved for operation of the lock bar on the Facing points from the Cabin lever frame including preliminary adjustment and also fixing of point indicator wherever required and commissioning.The Bolts & Nuts for the above mentioned works will be supplied by the contractor. (The item No: (a)i to xii will be supplied by Railway)
20 Set 4052.00 81040.00
13 Transportation & installation of Facing point lock complete with fixing of :- I) Facing point lock (1 No.) ii) Split stretcher bars(1 set) iii) Electrical detector with all accessories(1 set). This includes all smithy works (forge welding) and drilling of holes wherever required for fixing of Electrical detector on foundation /Long sleeper,fixing of FPL ,split stretcher bars, switch extention pieces, adjustment, cutting of notches on stretcher bars,
10 Set 5207.00 52070.00
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preliminary adjustments of operation from cabin lever frame and commissioning as per SEM and standard practice. The gears are also to be painted and lettered. The required bolts & nuts MS Pin & split pin of sizes for the work shall be supplied by the contractor.
14 Lifting of existing trestles 2/4 way with existing rodding up to the level for safe operation of rodding . This includes digging of the pit , lifting & placing of trestle with fitting of guide assembly & packing with stone at the bottom of the trestle and soil and stone are to be filled up into the pit to fixed the trestle tight . This includes necessary smithy works (forge welding) required as advised by Site- in-charge.
600 No 342.00 205200.00
15 Lifting of existing point JB/Track Lead JB. This includes digging the pit , lifting the stand of JB, packing with stone at the bottom of stand, and soil and stone are to be filled up into the pit to fixed the stand tight & lifting of concerned cable up to the level of JB.
500 No 148.00 74000.00
16 (i) Painting & Lettering of existing signal post as per direction of site- in-charge.
200 No 686.00 137200.00
(ii) Painting of MACLS units. 200 No. 595.00 119000.00
(iii) Painting of Route Indicator. Note: Contractor has to supply approved quality of paint like- Asian /Berger/Shalimar and the empty containers are to be returned to the concerned site -in-charge.
50 No. 595.00 29750.00
17 Painting & lettering of Point Machines. This includes scraping of old paint & rusts and prima coating followed by final painting. Note: Contractor has to supply approved quality of paint like -Asian /Berger/ Shalimar and the empty containers are to be returned to the concerned Site- in-charge.
100 No. 373.00 37300.00
18 Painting of ground connection of Point Machine . This includes scraping of old paint & rusts and prima coating followed by final painting. Note: Contractor has to supply approved quality of paint like -Asian /Berger/ Shalimar and the empty containers are to be returned to the concerned site- in-charge.
100 No. 467.00 46700.00
19 Transportation of Signal post for Multiple Aspect Colour light Signals complete with signal units, Bases,Ladders & other fittings, excavation of pit, casting of Cement concrete
5 No 4104.00 20520.00
Page 39
foundation thereof. Fixing of complete fittings of signal post including termination of cables and painting. i)The standard ratio of mixture i.e, Cement, Sand and 1" stone chips shall be 1:3:6 respectively. The contractor shall supply Concrete materials i.e Cement, Sand and 1" stone chips. ii)The foundation for multiple aspect colour light signal post shall be in accordance with Drg. No. Con/SK/T/12. The foundation bolts shall be of sizes 24mmx915mm to Drg No. SA-116A/M (4 Nos. for each) with two nuts & two washers each and G.I. pipe required for insertion of cable in foundation shall be supplied by the contractor. iii)Released materials to be deposited at the concerned SSE(sig) store. Inspection to be done by Representative of Sr.DSTE / ADA before use. 2/3/4 Aspect (Signal post & all accessories will be supplied by Railway).
20 Replacement of CLS unit complete. (Materials to be supplied by Railways).
5 No. 857.00 4285.00
21 Painting of GLUED JOINTS with epoxy paint (Insulated Epoxy paints to be supplied by the contractor.)
600 No 28.00 16800.00
22 Painting and lettering of various type of cranks by black paint. Note: Contractor has to supply approved quality of paint like -Asian /Berger/ Shalimar and Red oxide & the empty containers are to be returned to the concerned site- in-charge.
500 No 34.00 17000.00
23 Painting and lettering of Compensator. Note: Contractor has to supply approved quality of paint like -Asian /Berger/ Shalimar and Red oxide & the empty containers are to be returned to the concerned site- in-charge.
100 No 34.00 3400.00
24 Painting and lettering of location boxes outside white (Aluminium paint) and inside white. Note: Contractor has to supply approved quality of paint like -Asian /Berger/ Shalimar and the empty containers are to be returned to the concerned site in-charge.
300 No 604.00 181200.00
25 Painting and cleaning of rod run by Red oxide and Graphite with lean sead oil, which will be supplied by contractor.
15000 Mtr 17.00 255000.00
26 Charging, transportation and replacement of secondary cells 40/80 AH. Note: i) Sulphuric acid to be supplied by the
120 No 246.00 29520.00
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contractor. ii) Electrolytic solution is to be prepared by the contractor. iii) The process of charging should involed two times discharging and 3 times charging . iv) charging to be done for the site- in-charge store's premises. v) Secondary cells and battery charger will be supplied by Railway.
Total of Schedule-A(Execution Portion) 2130425.00
NOTE: The Paints will be supplied by the contractor where ever required and the colour of the paints will be supplied as per the site requirement. It will be inspected by representative of Sr.DSTE / ADA before use.
Page 41
South Eastern Railway
Name of the work: Execution of Sectional Signalling Maintenance Contract work for the period of one year in the jurisdiction of SSE(Sig.)/BKSC of Adra Division. Schedule –B (Supply Portion)
Sl. No.
Description of work Qty. Unit Rate in Rs.
Amount in Rs.
1 Supply and transportation of Steel apparatus case(large) with lock & suitable key No. complete to Drg. No.SA 21181 (Adv) or latest and Specn. No.IRS:S-10/78 or latest. Inspection by Representative of Sr.DSTE/ADA.
10 No. 15439.00 154390.00
2 Supply and transportation of Earth Electrode complete to Drg. No. CON/SK/8/3/84. Inspection by Representative of Sr.DSTE/ADA.
50 No. 1254.00 62700.00
3 Supply and transportation of Thermoshrink jointing kit (RTSF-2 or RTSF-3 or RTSF-4) for straight joint for 6Qd/10/20/50 pair jelly filled cable as per RDSO specification No: IRS-TC:77/2000 with Amendment-1or latest. Inspection by Representative of Sr. DSTE/ADA.
20 No. 3774.00 75480.00
Total of Schedule-B (Supply Portion) 292570.00 Total of Schedule-A+B 2422995.00
N.B.: Material to be supplied from RDSO approved/recommended sources wherever applicable.
Page 42
South Eastern Railway FORM OF TENDER
From: - Full Address : __________________________ __________________________ __________________________ To The President of India Through the Senior Divisional Signal and Telecommunication Engineer, South Eastern Railway, Adra
Sir,
I/We _________________________________________ have read the various conditions of the tender attached thereto and hereby agree to abide by the said conditions. I/We also agree to keep this tender open for acceptance for a period of ………………… days from the date fixed for opening the same and in default thereof. I/We will be liable for forfeiture my/our SECURITY DEPOSIT. I/We offer to do that work for the above, at the rates quoted to the attached schedules and hereby bind myself/ourselves to complete all the works as per clause of additional special condition of contract. I/We also hereby agree to abide by the General and Special Conditions of contract and to carry out the work according to the Specifications for materials and works laid down by the Railway for the present contract.
2. A sum of Rs. __________________________ is herewith forwarded as Earnest Money, in addition to the sum of Rs. ______________________ as “Security Deposit” mentioned above. The full value of the Earnest Money shall stand forfeited without prejudice to any other rights of remedies if;
a) I/We do not execute the contract documents within seven days after receipt of notice issued by the Railway that such documents are ready or
b) I/We do not commence the work within ten days after receipt of orders to that effect.
3. Until a formal agreement is prepared and executed, acceptance of the tenders shall constitute a binding contract between as subject to modifications, as may be mutually agreed to between us and indicated in the letter of acceptance of my / our offer this work.
4. a) I/We attach herewith Divl. Cashier, South Eastern Railway, Adra’s receipt No. ____________ dated ________________ showing deposit of Earnest Money including security amount of Rs. ___________
*b) I/We have already made a standing deposit of Rs._____________with the _____________ Railway, vide Agreement No.___________________________________________dated___________ and as such no fresh Earnest Money is being deposited in terms of the “Instructions to Tenders” and I/We further agree and declare that in case I/We fail to abide by the conditions of keeping open this offer for a period 90 days, I/We shall have no objection to the forfeiture of the Security Deposit portion of the earnest money amounting to Rs. ___________________ and the said amount may be realised by the President of India also from my/our said lump sum deposit of Rs._________________.
Address __________________________________Signature of Tenderer(s)_____________________ Dated _________________Signature of witness to the Signature of Tenderer(s). (1)______________________________________ (2) ___________________________________ Address________________________________ Address ________________________________ * Strike out whichever is not applicable.
Page 43
ANNEXURE – A REVISED MODEL FORM OF BANK GUARANTEE BOND
To The President of India, Acting through FA & CAO/S.E.Railway, Garden Reach, KOLKATA – 700043. In consideration of the President of India, acting through Divisional Railway Manager (Signal & Telecom.), S.E.Railway, Adra (hereinafter called “the Government”) having agreed to exempt ______________________________________________ hereinafter called the said Contractor(s) from the demand, under the terms and conditions of an Agreement No._____________________ dated ________________ made between ____________________________________ and ____________________________ for ____________________________ (hereinafter called “the said Agreement”), of security deposit for the due fulfillment by the said Contractor(s) of the terms and conditions contained in the said Agreement, on production of a Bank Guarantee for Rs. ________________ (Rupees ____________________________________________________) only we _______________________________ (indicate name of the Bank, hereafter referred to as 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 be reason of any breach by the said Contractor(s) of any of the terms and conditions contained in the said Agreement.
2. We _________________________ (indicate the name of the Bank) do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the Government stating that the 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 and conditions contained in the said Agreement or by reason of Contractor(s) failure to perform the said Agreement. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. ______________.
3. We, undertake to pay to the Government any money so demanded notwithstanding any dispute or dispute raised by the Contractor(s) / Supplier (s) in any suit or proceeding pending before any court or Tribunal relating thereto our liability under present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder 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 _____________ ________________ certified 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.
Page 44
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 affecting 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 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 constant of the Government in writing. Dated the _______________day of __________20________ For ______________________________________________ (Indicate the name of the Bank)
ANNEXURE – B
ALTERNATIVE PROPOSALS FOR DEVIATION FROM SPECIFICATIONS (Technical Only)
In compliance with clause 2.3 of the conditions of Tender, the Tenderer shall enter below the particulars of his Alternative proposals deviating from the Tender Specification.
Srl. No.
Clause No. of Specification. Particulars of deviation.
Price Remarks. Increase Decrease
Page 45
ANNEXURE – C
PROFORMA FOR PARA 58 OF GENERAL CONDITIONS OF CONTRACT
Requisitions-cum-receipt for the material S. R. No. _________________ Date: ______________ . A) Please arrange to supply to the bearer ________________________________________ Qty.: ___________________________ Nos. _________________________ in words _____________________ in figures _________________________ for _____________________ Station_____________________against Contract No. __________________________________. ____________________________________ Specimen Signature B) Received the above mentioned material Qty.: _______________________________(Fig) ___________________________ as mentioned above on _______________________________ in good condition and I/We undertake the responsibility for replacement / Payment for the same as shall be deemed fit by the Railway in terms of Para 58 of General Conditions of Contract. Station :
Signature of the Contractor Date:
Contractor(s)
Page 46
ANNEXURE – D To The President of India, Through The Senior Divisional Signal & Telecom. Engineer South Eastern Railway, Adra, Purulia. Sub: - INDEMNITY BOND FORM. Whereas __________________________________________________ (herein after called the Contractor) have entered into a contract with the President of India acting through the Senior Divisional Signal & Telecommunication Engineer, South Eastern Railway, Adra (herein after called the Railway vide Agreement No. _______________________________________________ where as the Railway has agreed to issue to Contractor as the provision of the contract the signalling / Telecom. Materials for use in the above work costing of Rs. __________________________________ (Rupees ____________________________________) only the contractor here by undertakes to ensure safe custody of all Signal / Telecom. Materials and to use them exclusively for the purpose for which they have been issued. The contractor further undertake to fully Account for all signalling / telecom. materials at regular intervals as may be prescribed by the Railway as also when otherwise so demanded by the Railway and return all unused cables and other materials arising as per the provisions of the contract. The contractor further agrees that they will give all the facilities to the Railway for physical verification of the signalling / telecom. materials whenever so directed by the Railway. By this bond of Indemnity, we, ______________________________________________ undertake to keep the Railway indemnified against any loss or damage, which they may suffer by default of the Contractor in fulfillment of the above conditions. Further, we, the Contractor, are bound to the Railway or their successors and as signs in the sum of Rs. _______________________________. Signed and delivered by ourselves on this _______________________________________ day of _____________________ 20 ________________. Place: Signature:_______________________________ Date: Witness: ________________________________
Page 47
ANNEXURE - 'E'
SOUTH EASTERN RAILWAY NAME OF WORKS : Execution of Sectional Signalling Maintenance Contract work for the
period of one year in the jurisdiction of SSE(Sig.)/BKSC of Adra Division.
Srl. No.
Description of the work Quoted Tender Rates (% Above/ Below/At par) in Figures and in words.
1
Schedule –A (Execution Portion) Approximate Value = Rs. 21,30,425.00
(In figure):-…………… Above/Below/At par (In words):-……………………………… …………………………Above/Below/At par
2.
Schedule –B (Supply Portion) Approximate Value = Rs. 2,92,570.00
(In figure):-…………… Above/Below/At par (In words):-……………………………… …………………………Above/Below/At par
1. The tenderer(s) should quote only in percentage (above or below or at par) in figure and in words over the total value of the Schedules.
2. Tenders received with Above/Below percentages not specifically indicated, the quoted rate will be considered as ‘Above’ only.
3. Conditional Tenders and tenders with conditional rebates will also be summarily rejected. 4. Tenderer(s) should not quote any percentage/rate in the Annexed Schedule and if quoted, the tender
stands summarily rejected. 5. Rates should be inclusive of all Taxes & Duties.
Signature of the Tenderer (s)
Page 48
ANNEXURE - F DECLARATION
(TO BE FILLED IN BY THE TENDERER AT THE TIME OF TENDERING)
1. Name of the Firm / Contractor :
2. Name of other works in hand (other works shall include all those awarded to the tenderer not only in the Railways but also in other Govt. Departments both Central and the State and Public Sector under takings.
:
3. Total Cost of the Works in hand. :
4. Progress in percentages on work as on the date of the tender in hand.
:
5. Dates of award of each contract in hand.
:
6. Scheduled date of completion of each contract in hand.
:
7. Full address of the Controlling Officer In-charge of each contract in hand.
:
Note : - If this page is not sufficient to furnish the information asked for use this performer and furnish the details on separate sheets and enclosed the same to the tender document duly signed.
Tenderer / Contractor
