government of india north central railway agra … elect.../201 5/01. hiring of one non-ac motor...

TENDER NO: AGRA/ELECT/OP/ TENDER/2015/01

Contractor’s Signature

Tender form No. _________

GOVERNMENT OF INDIA

NORTH CENTRAL RAILWAY

AGRA DIVISION

ELECTRICAL OPERATION BRANCH

TENDER DOCUMENT

Name of Work :- Hiring of one non-AC Motor Vehicle TATA SUMO or similar make

not earlier than 2012 in good working condition, including Drivers, fuel & maintenance,

etc. for transportation of drivers & guards with their line boxes for running of 7000 Kms.

Per month for 24 months. (Nature of work 24 hrs. without any holiday/Rest).

Tender No. : AGRA/ELECT/OP/TENDER/2015/01

1. Approximate cost of work : Rs.1783830.00

2. Earnest Money : Rs.35680.00

3. Work Completion Period :24 Months

4. Cost of Tender Document :Rs. 2,000/- + Rs.140/- (7% Sales Tax Only)=2140/-

5. Date & Time of Closing of

Tender Box : Date 11/03/2015, Time: 16:00 Hrs

6. Date & Time of Opening of

Tender Box : Date 11/03/2015, Time : 16:30 Hrs 1. In the office of Sr. DEE (OP)/AGRA

2. In the office of DEE (OP)/NCR/NDLS.

7. Money Receipt No. & Date : No.: Date:

8. Name & address of party to whom tender document is sold:



CONTENTS

.N Particulars Page No.

1. Tender Notice- English & Hindi 3 - 4

2. General instructions to tenderer 5 - 14

3. General and special conditions of contract 15 - 18

4. Special terms and condition of tenderer 19 - 23

5. Scope of work 24

6. Schedule of Rates & quantity Tender offer 25

7. Tender offer

26

8. Blank format for submitting details of cost of

tender document & EMD. 27

9. Annexure-I Check List 28

10. Annexure-II LIST OF VEHICLES AVAILABLE

WITH CONTRACTOR 29



North Central Railway ELECTRICAL OPERATION BRANCH, AGRA

NIT No: AGRA/ELECT/OP/NIT/2015/01 Dt.03/02/2015.

Senior Divisional Electrical Engineer/OP/North Central Railway, Agra for & on behalf of President of India invites sealed open

tenders for following works, which will be received up to 16:00 hrs and opened at 16:30 hrs. on the date mentioned below.

Tender

Number

Name of work Appx. Cost

(In Rs.)

Earnest

Money

( In Rs.)

Cost of

Tender

Document

(In Rs.)

Work

comple-

tion

period

Validity

of

Tender

Date of

opening

AGRA/EL

ECT/ OP/

TENDER

/2015/01.

Hiring of One Non-AC Motor Vehicle

TATA SUMO or similar make not earlier

than 2012 in good working condition,

including Drivers, fuel & maintenance,

etc. for transportation of Drivers &

Guards with their line boxes for running

of 7000 Kms. Per month for 24 months.

(Nature of work 24 hrs. without any

holiday/Rest).

1783830 35680 2,000 +

140/- (7%

Sales Tax

Only)=2140

2 Years

90

days

11/03/2015

Postal Charges for sending Tender Document by Post - Rs. 500/- ( in addition to cost of tender form). Last Date for submitting

application in the Office of Sr.DEE/OP/AGRA for obtaining Tender Document by Post is 03/03/2015. Railway administration will

not be liable for any delay in postal services.

Sale of Tender Document in the Office of Sr.DEE/OP/AGRA – 15 days before the date of opening of tender on all working days

from 10.00 hrs. to 16.00 Hrs on all working days and on 11/03/2015 from 10.00 hrs to 12.00 hrs. On production of money receipt of

the cost of tender document, issued by the Ch. Booking Supervisor, Agra Cantt.

Earnest Money Deposit :- EMD in the form of Money receipt (MR) through Cash office Jhansi or Allahabad or EMD in the form

of Money receipt (MR) through Cash office Jhansi or Allahabad or Deposit Receipt, Pay Order, Demand Draft. These forms of

earnest money could be either of the State Bank of India or of any of the Nationalized Banks, Deposit Receipts of Scheduled Banks

approved by the Reserve Bank of India (as detailed in tender form) in f/o Sr. DFM/NCR/AGC and payable at any nationalized

bank at Agra must be submitted with the tender document. Tender document submitted without EMD will not be considered and

summarily rejected and EMD in the form of Bank guarantee will also not be acceptable.

Website - Tender notice can also be seen on website - http://www.ncr.indianrailways.gov.in or http://www.tenders.gov.in and

on the notice board of the office of SR.D.E.E./OP/AGRA and Tender document can also be downloaded from these websites.

downloaded tender document be deposited alongwith the cost of tender document in the form of Demand Draft/ Pay Order

issued from any nationalized bank in favour of Sr.DFM/NCR /AGRA, and EMD in the prescribed form. If any difference is found in

the tender document downloaded through website and tender document available in the office, the tender document issued by

the office will be valid.

Time & Place of submission & opening of tender document- Sealed Tender document may be submitted/ dropped upto 16.00

hrs. of 11/03/2015 into the tender box provided in the office of SR.D.E.E./OP/AGRA & D.E.E./OP/ NCR/NEW DELHI and will be

opened at 16.30 hrs. on same date at both the places.

Note:-

1. Tender document is not transferable.

2. Railway administration reserves the right to cancel the Tender without assigning any reason.

3. In case of any difference in Hindi and English version of NIT , the English version will prevail.

4. In case the tender opening date happens to be a holiday, the tender will be received and opened on the next

working day at the same time and place.

Senior Divisional Electrical Engineer (OP)NCR/Agra



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2. GENERAL INSTRUCTION TO TENDERERS:

On behalf of the President of India, Sr. DEE / OP / North Central Railway, Agra herein after referred to as

"Railways" invites tender from established experienced and reliable manufacturer, contractors for execution of works

as detailed in tender document and advertised in notice inviting tender on North Central Railway website. The

contract emerging out of this tender shall be referred to as "work Contract" and the contractor who is awarded the

work contract shall be referred as "Work Contractor".

2.1 TENDER PAPERS:

The general instructions to Tenderer, General and special conditions of contract, special terms and conditions of

tender, Scope of work, Tender Offer, North central Railway’s General Conditions of Contract (G.C.C.)’2005 as

amended from time to time (not attached with this tender form) and schedule of rates & quantities shall hereafter be

collectively referred to as the “Tender Papers”.

The intending tenderer are advised to study the tender papers carefully. The tenderer shall also acquaint himself with

the local conditions, means of access to the site of work, nature of work and all other matters pertaining thereto. The

submission of tender shall be deemed to have been done after careful study and examination of the tender papers with

a full understanding of the implications thereof.

2.2 INTERPRETATIONS: The following terms wherever occurring in the tender papers and wherever used throughout the

execution of the work, shall unless excluded by or repugnant to the context, have the meaning attributed

thereto as follows:

2.2.1 “Railway” shall mean the President of the Republic of India or the Administrative Officers of the

North Central Railway or of the Successor Railway authorized to deal with any matters, which these

persons are concerned on his behalf.

2.2.2 “General Manager” shall mean the officer in administrative charge of the whole of the

Railway/Chief Administrative Officer and shall mean and include the General Manager/CAO and

include their successors of the successor Railway.

2.2.3 “Chief Engineer” shall mean the officer in charge of the Engineering/Electrical/Signal &

Telecommunication Departments of North Central Railway Allahabad and shall also include the Chief

Engineer/Chief Electrical Engineer/Chief Signal & Telecommunication Engineer of and include their

successors of the successor railway.

2.2.4 “Engineer” shall mean the Sr. DEE/OP/AGRA, and include their successors in executive charge

of the works.

2.2.5 “Engineer’s representative” shall mean the Electrical Supervisor in direct charge of the work.

2.2.6 “Divisional Railway Manager” shall mean the Administrative Officer in charge of a Division of

North Central Railway for the time being and shall mean and include the Divisional Railway Manager

and include their successors of the successor Railway.

2.2.7 “Contract” means the successful Tender, i.e. the Tenderer who’s Tender has been accepted either

in whole or in part.

2.2.8 “Contractor” shall mean the person, firm or company whether incorporated or not who enters into

the contract with the Railway and shall include their executors, administrators, Successors and permitted

assigns.

2.2.9 “Contractor’s Agent” shall mean the person or persons authorized under a duly executed Power of

Attorney to take all actions relating to the work, as could be taken by the Contractor himself. In the case

of a firm of Contractors, the Agent shall have the same powers as that of the managing Director of the

firm.

2.2.10 “Contractor’s Representative” shall mean a person in supervisory capacity who shall be so declared by the

Contractor and who shall be authorized under a duly executed power of Attorney to receive materials issued by

the Purchaser to the Contractor for the works. He shall be responsible for proper execution of work at each or all

places and shall take orders from Purchaser’s Engineers and carry out the same.



2.2.11 “Tenderer” shall mean the persons, the firm or company who tenders for the work with a view to execute

the works on contract with the Railway and shall include their personal representatives, successors and permitted

assigns.

2.2.12 “Work” or “Works” means all or any of the items of the work for which the Tenderer /Contractor has

tendered/contracted according to the specifications, drawings and Annexure hereto Annexed, or to be implied

there from or incidental thereto or to be, hereafter specified or required in such explanatory instructions and

drawings, being in conformity with the said original specifications, drawings, annexure and schedules, and also

such instructions and drawings additional to the above mentioned as may from time to time to be issued by the

Purchaser’s Engineers during the progress of the contracted work.

2.2.13 “Equipment” means all or any equipment considered necessary by the Purchaser’s Engineers for the

satisfactory operation, as a whole, of the installations, including structures, foundations etc.

2.2.14 “Month” means any consecutive period of thirty days.

2.2.15 “Purchaser” means the President of India acting through his accredited Officer viz. Sr. DEE/OP/AGRA.

2.2.16 “Sub-Contractor” means an individual or a firm of Contractors or a company registered under Indian

Company Act or approved suppliers of Materials to whom the Contractor sublets portions of the contract after

obtaining specific prior approval of the Purchaser in writing to such subletting of contract.

2.2.17 “Site” means the areas to be taken up for the works together with any other area or areas as shall be

determined by the Purchaser’s Engineers, which may be placed at the disposal of the Contractor for the purpose

of the contract and also such area or areas in proximity to the works as the Purchaser’s Engineers may have

authorized as an extension of the site, irrespective of the terms and conditions under which they are occupied by

the Contractor.

2.2.18 “Specifications” shall mean the specifications as defined by RDSO/CORE/ CEE North Central Railway

for Materials & Works, issued under the authority of the Chief Electrical Engineer or as amplified, added to or

superseded by special specifications, if any, appended to the Tender Forms.

2.3 SINGULAR / PLURAL

Words imparting the singular number shall also include the plural and vice versa where the context requires.

2.4 REGULATION FOR TENDER

General Conditions of Contract of Engineering department issued in July 2005 and amended from time to time

(This is applicable but not attached with this tender form).

2.5 DISCREPANCIES / OMISSIONS

The tenderer shall not take any advantage of any misinterpretation of the conditions due to typing or any other

error/omission and if any doubt, shall bring it to the notice of the Engineer without delay in case any

contradictions, only the printed rules and books should be followed and no claim for the misinterpretation shall

be entertained.

Should a tenderer find discrepancies in, or omissions from the drawings or any of the Tender Forms or should he

be in doubt as to their meaning, he should at once notify the authority inviting tenders who may send a written

instruction to all tenderers. It shall be understood that every endeavour has been made to avoid any error which

can materially affect the basis of the tender and the successful Tenderer shall take upon himself and provide for

the risk of any error which may subsequently be discovered and shall make no subsequent claim on account

thereof.

2.6 TENDER DOCUMENT 2.6.1 Tender paper in original duly signed on each page must be returned with tender.

2.6.2 Rates should be quoted inclusive of all taxes like Service Tax, Sales Tax, Excise duty and octroi etc.

2.6.3 Offer shall be kept open for 90 days .

The tender forms can be purchased from the office of Sr. Divl. Elect. Engr. (OP), N. C. Rly., Agra 15 days before

from the date of tender opening during any working day from 10.00 hrs. to 16.00 hrs. and from 10.00 hrs. to 12.00

hrs. on 11/03/2015



2.6.4 On production of money receipt, issued by the Booking Supervisor of Agra Cantt Railway Station

towards the cost of tender documents or demand draft issued by State Bank of India/ Nationalized Banks in

favour of Sr.DFM/NCR/AGRA. 2.6.5 The cost of tender form is not transferable. The tender form can also be downloaded 15 days before date of

opening from North Central Railway web site http://www.ncr.indianrailways.gov.in & portal of Govt. of India

http://www.tenders.gov.in and cost of the downloaded tender document be deposited in the form of money receipt

issued by the Booking Supervisor of Agra Cantt or in the form of Demand Draft issued from any nationalized bank in

favour of Sr.DFM/NCR AGRA.

2.6.6 The tender document must be submitted duly completed in all respects in sealed cover super scribed as

tender form for “Hiring of One Non-AC Motor Vehicle TATA SUMO or similar make not earlier than 2012 in good

working condition, including Drivers, fuel & maintenance, etc. for transportation of Drivers & Guards with their line

boxes for running of 7000 Kms. Per month for 24 months. (Nature of work 24 hrs. without any holiday/Rest)” and should

be deposited in the tender box kept in the offices of Sr. DEE/OP/AGRA or DEE/OP/NCR/NEW DELHI up to

16.00 Hrs. on 11/03/2015. The tender will be opened on the same day at both the places at 16.30 hrs. Tenders,

which are received after the time and date specified above, may not be considered. In case the intended date for

opening of tender is declared as a holiday, the tenders will be opened on the next working day at the same time.

2.6.7 The rates should be quoted in percentage above/ below/ at par format. The percentage amount should be

quoted in figure as well as in words and % above/ below/ at par should be written in the specified space. If there is

any variation in percentage amount specified in figure and words, percentage amount specified in words will be

considered as correct. If % above/ below/ at par is not specified tender offer will be considered ‘% above’. Absolute

amount should not be specified and rates/cost should be specified in the proper format in % above/ below/ at par

system.

2.7 CARE WHILE SUBMISSION OF TENDERS 2.7.1 Each page of the Tender Form including the covers shall be duly initialled under hand and seal of the

tenderer in token of having gone through and agreed upon the terms and conditions stipulated therein, failing which

the tender shall be treated as invalid and liable for summarily rejection. All the pages shall be returned intact; else the

tender may be treated as incomplete.

2.7.2 Each page of the tender document is to be signed with date by the tenderer or such person(s) on his / their

behalf who is/are legally authorized to sign for him/them.

2.7.3 Indian Railways will have no liability, if the TENDER is sent through post/courier service or by any other

means and not dropped in the box noted above and/or not reached to the addressee.

2.7.4 The TENDERER shall submit the TENDERS properly filed so that the papers are not loose. The

TENDERER shall submit the TENDER in suitable capacity of the file such that the papers do not bulge out and

tear during scrutiny.

2.7.5 The tenderer is required to submit the following documents along with the tender:

2.7.5.1 Earnest Money Deposit

2.7.5.2 Power of Attorney, if applicable

2.7.5.3 Tender Documents duly signed, stamped and completed.

2.7.5.4 Partnership deed/joint venture/association deed and Power of Attorney duly notorised /registered.

2.7.5.5 Statement of payments received by the firm for contractual works during the preceding 3 years

(i.e. current year & previous three years) certified by the Govt. Departments or Annual Reports of

the firm for the last three years (i.e. current year & previous three years) showing annual turnover

duly audited by Chartered Accountants.

2.7.5.6 Certificate from the controlling authorities of reputed organization indicating the work of similar

nature carried out by the firm during the last three years along with the value of work.

2.7.5.7 Any other documents the tenderer/s may like to submit in support of his scheme.



2.7.5.8 Offer letter signed by the contractor.

2.7.5.9 Electrical Contractor License if required

2.8 TENDERERS SPECIAL CONDITIONS The tenderer should not stipulate any special conditions while submitting his tender. In such an eventuality such

tenders shall be summarily rejected without assigning any reasons whatsoever. The tenderer should submit his

tender in full conformity with the tender conditions.

2.9 INSTRUCTIONS FOR TENDERERS FOR PRECAUTIONS BEFORE SUBMISSION OF TENDER

DOCUMENT

It will be imperative on each tenderer to fully acquaint him with all the local conditions and factors, which would

have any effect on the performance of the contract and cost of the stores. The Railways shall not entertain any

request for clarifications from the tenderer regarding such local conditions. No request for the change of prices or

time schedule of completion of work on account of any local condition or factor shall be entertained after the offer

is accepted by the Railways.

The intending tenderer is advised to study the tender papers carefully, any submission of a bid by the tenderer

shall be deemed to have been done after a careful study and examination of these documents with full

understanding of the implication thereof. These conditions and specifications shall be deemed to have been

accepted unless otherwise, specifically commented upon by the tenderer in his offer. Failure to adhere to any one

of all these instructions may render his offer liable to be ignored without any reference.

Should a tenderer find discrepancies in, of omission from the drawing of any of the tender papers of or if he has

any doubt as to their meaning, he should at once notify the Railway who may send a written clarification to all

tenderers.

Before submitting a tender, the tenderer will be deemed to have satisfied him by actual inspection of the site and

locality of the works, that all conditions liable to be encountered during the execution of the works had been

considered by him.

2.10 SIGNING OF TENDER

When work is tendered for by a firm or company of contractors, the tender shall be signed by the individual

legally authorised to enter into commitments on their behalf. The Railways will not be bound by any Power of

Attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of

the contract. It may, however recognise such Power of Attorney and changes after obtaining proper legal advice,

the cost of which will be charged to the Contractor.

2.11 ERASURE AND ALTERATION

Tenders containing erasure and alterations of the tender documents will be summarily rejected. Any correction

made by the Tenderer in his entries must be attested by him.

2.12 OBLIGATION TO ACCEPT / REJECT

It shall not be obligatory on the said authority to accept the lowest tender and no tenderer shall demand any

explanation for the cause of rejection of his tender.

2.13 DELIBERATION

If the tenderer deliberately gives wrong information in his tender or creates circumstance for the acceptance of his

tender, the Railway reserves the right to reject such tender at any stage.

2.14 NON COMPLIANCE Non-compliance with any of the conditions set forth in tender document will result in the tender being rejected.



2.15 AUTHORITY TO ACCEPT TENDER

The authority for the acceptance of the tender will rest with the appropriate level as per SOP who does not bind

himself to accept the lowest or any other tender nor does he undertake to assign reasons for declining to consider

any particular tender or tenders.

2.16 EXECUTION OF CONTRACT AGREEMENT 2.16.1 The successful Tenderer shall be required to execute an Agreement with the President of India acting

through the Sr. DEE/OP/AGRA for carrying out the work according to the Conditions of contract,

Instructions to the tenderers, General Conditions of Contract, Specifications given in the tender papers and

as laid by CEE, North Central Railway for Works and Materials.

2.16.2 The Railway reserves the right of not to invite tenders for any work or works, or to invite open or limited

tenders, and when tenders are called, to accept a tender in whole or in part or reject any tender or all

tenders without assigning reason for any such action.

2.16.3 The Tenderer whose tender is accepted shall be required to deposit performance guarantee and

appear at the office of the Sr. DEE/OP/AGRA as the case may be, in person, or if a firm or corporation, a

duly authorized representative, and execute the contract documents within Thirty days after notice that

the contract has been awarded to him.

2.16.4 Every contract shall be complete in respect of the documents it shall constitute. Not less than 5 copies of

the contract documents shall be signed by the competent authority and the contractor and one copy given

to the contractor.

2.16.5 The earnest money deposited by the successful tenderer shall be forfeited if the contractor fails to deposit

the peof rformance guarantee or fails to execute agreement within a reasonable time (to be determined by

the Engineer after notification of the acceptance of his tender).

2.17 EMPLOYMENT OF RETIRED RAILWAY EMPLOYEES For employment of retired railway employees, the rules as modified from time to time, in railways, shall be

applicable.

2.18 BINDINGNESS OF ORIGINAL OFFER IN CASE OF FAILURE OF NEGOTIATIONS Should the Railway decide to negotiate with a view to bring down the rates, the original offer will still be binding

in case nothing materializes out of the negotiations.

2.19 FINANCE OF THE CONTRACT:- The contract shall be financed from Railway's own resources.

2.20 VALIDITY OF TENDER:-

Tenderer shall keep his offer open for a minimum period of 90 days from the date of opening of the tender or as

mentioned in the tender notice.

2.20.1 The rates quoted in the TENDER are to hold good for acceptance for 90 days from the date of opening of

the TENDER (i.e. date of opening of Technical TENDER). After the expiry of 90 days the rates are to be

confirmed by both the parties before executing the contract.

2.20.2 No TENDERER can withdraw his TENDER or revoke the same within the said period of 90 days.

2.20.3 The rates finalized at the time of awarding the CONTRACT shall remain applicable during the execution

of the CONTRACT and no revision whatsoever will be permitted.

2.21 EARNEST MONEY:- The tenderer shall be required to deposit earnest money with the tender for the due performance with stipulation to

keep the offer open till such date as specified in the tender, under the condition of tender. The earnest money shall



be 2% of the estimated tender value as indicated in the tender notice i.e. Rs.35680 (Rupees Thirty Five Thousand

Six Hundred Eighty Only) The earnest money shall be rounded to nearest Rs. 10/-. This earnest money shall be

applicable to all modes of tendering.

2.21.1 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 the manner not acceptable to the

Railways. Should the tenderer fails to observe or comply with the said stipulation, the aforesaid amount

shall be liable to be forfeited to the Railway.

2.21.2 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 fulfilment of the contract in terms of clause 16 of the General Condition

of Contract. The earnest money of the other tenderers, shall save as herein before provided, be returned to

them, but the Railway shall not be responsible for any loss or depreciation that may happen thereto while

in their possession, nor be liable to pay interest thereon.

2.21.3 Tenders without earnest money shall not be considered under any circumstance and shall be summarily

rejected.

2.21.4 The earnest money should be in cash or in any of the following forms:

2.21.5.1 Deposit Receipt, Pay Order, Demand Draft. These forms of earnest money could be either of the

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

Bank of India will be necessary.

2.21.5.2 Deposit Receipts executed by the scheduled banks (other than the State Bank of India and the

Nationalized Bank) 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.

2.21.5 The earnest money in the form of Deposit Receipt, Pay Order & Demand Draft shall be pledged in

favour of Senior Divisional Finance Manager, North Central Railway, AGRA and shall be enclosed

with tender document. The earnest money in the form of cash shall be deposited with Divisional Cashier

under DCPM/NCR/ALLAHABAD or DCPM/NCR/JHANSI and cash receipt shall be enclosed with

tender document.

2.22 INTEREST ON EMD: No interest on Earnest Money or Security Deposit will be paid by the Railway, Further Railway are not

responsible for loss of any interest in case of the Fixed Deposit Receipt for any reasons.

2.23 SECURITY DEPOSIT OF TENDER:- 2.23.1 The earnest money deposited by the successful contractor with his tender will be retained by the Railway

as part of security for the due and faithful fulfilment of the contract by the contractor. The balance to

make up the security deposit, the rates for which are given below, may be deposited by the contractor in

cash or may be recovered by the percentage deduction from the contractor’s “on account bills ”. Provided

also that in case of defaulting contractor the Railway may retain any amount due for payment to the

contractor on the pending “on account bills” so that the amount so retained may not exceed 10% of the

total value of the contract. The security deposit in the form of cash shall be deposited in the Cash Office

Jhansi or Allahabad and the Money Receipt (MR) issued shall be submitted.

2.23.2 Unless otherwise specified in the special conditions, if any, the security deposit/rate of recovery/ and

mode of recovery shall be as under.

2.23.2.1 Security deposit for the each work should be 5% of the contract value.

2.23.2.2 The rate of recovery should be at the rate of 10% of the bill amount till the full security deposit is

recovered.

2.23.2.3 Security deposits will be recovered only from the running bills of the contract and no other mode

of collecting such as security deposit in the form of the instruments like BG, FD etc. shall be

accepted towards security deposit.



2.23.2.4 No interest will be payable upon the earnest money and security deposit or amounts payable to

the contractor under the contract.

2.24 RELEASE OF SECURITY DEPOSIT:

2.24.1 Security deposit shall be released to the contractor only after the completion of the maintenance period

and after passing the final bill based on ‘no claim certificates’ and after the physical completion of the

works based on the completion certificate 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 the JA grade office (concerned with work) should issue the

certificate. The certificate, inter alia, should mention that the work has been completed in all respects and

that 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 Security Deposit, an

unconditional and unequivocal ‘No claim certificate’ from the contractor concerned should be obtained.

2.24.2 The security deposit shall, however to liable to be forfeited in case of any breach by the contractor or any

of the conditions of the contract or for non-completion of the full contract without prejudice to other

rights/ remedies of the Railways whether specifically provided here in or otherwise.

2.25 PERFORMANCE GUARANTEE:- The procedure for obtaining Performance Guarantee is outlined below:

2.25.1 The Successful bidder shall have to submit a performance guarantee (PG) within 30 (thirty) days

from the date of issue of Letter of acceptance (LOA). Extension of time for submission of PG

beyond 30 (thirty) days and up to 60 days from the date of issue of LOA may be given by the

Authority who is competent to sign the contract agreement. However, a penal interest of 15% per

annum shall be charged for the delay beyond 30 (thirty) days, i.e. from 31st day after the date of

issue of LOA. In case the contractor fails to submit the requisite PG even after 60 days from the

date of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any

payable against that contract. The failed contractor shall be debarred from participating in re-

tender for that work.

2.25.2 The successful bidder shall submit the performance guarantee (PG) in any of the following forms,

amounting to 5% of the contract value, duly pledged in favour of Sr.DFM/NCR/Agra:

(i) A deposit of Cash;

(ii) Irrevocable Bank Guarantee;

(iii) Government Securities including State Loan Bonds at 5% below the market value.

(iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of

Performance Guarantee could be either of the State Bank of India or of any of the

Nationalized Banks;

(v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks;

(vi) A Deposit in the Post Office Saving Bank:

(vii) A Deposit in the National 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 Sr.D.F.M./NCR/AGRA (free from any encumbrance) may be accepted.



NOTE: The instruments as listed above will also be acceptable for Guarantees in case of Mobilization Advance.

2.25.3 The Performance Guarantee shall be submitted by the successful bidder after the Letter of

Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G. shall

be initially valid up to the stipulated date of completion plus 60 days beyond that. In case, the

time for completion of work gets extended, the contractor shall get the validity of P.G. extended

to cover such extended time for completion of work plus 60 days.

2.25.4 The value of PG to be submitted by the contractor will not change for variation up to 25% (either

increase or decrease). In case during the course of execution, value of the contract increases by

more than 25% of the original contract value, an additional performance Guarantee amounting to

5% (five percent) for the excess value over the original contract value shall be deposited by the

contractor.

2.25.5 The Performance Guarantee (PG) shall be released after physical completion of the work based on

‘completion Certificate’ issued by the competent authority stating that the contractor has

completed the work in all respects satisfactorily. The security Deposit shall, however, be released

only after expiry of the maintenance period and after passing the final bill based on ‘ No Claim

Certificate’ from the contractor.

2.25.6 Whenever the contract is rescinded the security Deposit shall be forfeited and the Performance

Guarantee shall be encashed. The balance work shall be got done independently; without risk &

cost of the failed contractor. The failed contractor shall be debarred from participating in the

tender for executing the balance work. If the failed contractor is a JV or a Partnership firm, then

every member/partner of such a firm shall be debarred from participating in the tender for the

balance work in his/her individual capacity or as a partner of any other JV/partnership firm.

2.25.7 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.

2.26 TENDERER’S ADDRESS: - The tenderer should state in the tender his postal address legible and clearly. Any communications sent in time to

the tenderer by post at his said address shall be deemed to have reached the tenderer duly and in time. Important

documents should be sent by registered post.

2.27 CREDENTIALS OF TENDERERS: -



2.27.1 The tenderer shall provide satisfactory evidence acceptable to railway to show that they are an

established, experienced and reputed concern and have regularly undertaken works of the

similar type of tender and have adequate technical knowledge and practical experience in field.

2.27.2 They have adequate financial resources to meet the obligations under contract. They are also

required to submit the report from a recognized bank or Financial Institution.

2.27.3 They have an established, technically competent and adequately staffed organization to ensure

that the services required under this tender can be satisfactorily tendered at all stages as per

the details given in the schedule of rates and quantities and scope of work.

2.27.4 They have sufficient equipment, plants and machinery to meet the obligations under the

contract and to complete the work contract, all within the stipulated time schedule accepted by

him.

Note: Certificates from private individuals for whom such works are executed/being executed

shall not be accepted.

2.28 PERIOD OF COMPLETION:

The entire work is required to be completed in all respects within Two years from the date of issue of

the acceptance letter / telegram. Time is the essence of the contract. The contractor will be required to

maintain steady and regular progress to the satisfaction of the Railways to ensure that the work will be

completed in all respects within stipulated time failing which action may be taken by the Railway

administration in terms of Clause 17 and Clause 62 of the general conditions of Contract 2005 (as

amended from time to time).

2.29 LEGAL CHARGES

Prescribed Fee per legal document executed before or after execution of the contract will be paid by the

contractor for obtaining legal advice in law office.

2.30 PRICES

2.30.1 The unit prices and total prices of each item of work shall be furnished both in words and

figures in Indian Rupees or in percentage above / below / at par of the price schedule given as

the case may be.

2.30.2 All prices / rates shall be firm and final against all items including all taxes, excise duty, levies

and Octroi etc. No concessional forms like form C & D etc. will be issued by railways. The prices

shall be quoted “NET” with a statement of its break up if any and shall remain firm till

satisfactory completion of the contract.

2.30.3 All rates quoted in the schedule shall be in Rupees and must be firm and not subject to any

fluctuation.

2.30.4 The tenderer should also take consideration of local taxes such as Service Tax, Works

Contract tax (Trade Tax) etc. while quoting for the tender.

2.30.5 The rates quoted shall be “INCLUSIVE OF ALL TAXES AND DUTIES”

2.31 PAYMENT:

2.31.1 Maximum Eight on account Bills will be permitted during the entire completion period of Two

years. However, Sr.DEE/OP/AGRA has the right to revise the nos. of on-account payments.

However, while calculating total kilometers in three months if exceed beyond 21000 Kms.

then only payment for extra payment on per Km. basis shall be passed.

2.31.2 Payment for the work shall be made by Sr.DFM/NCR/Agra through on account bills at Divisional

Railway Manager’s office, N. C. Railway, AGRA in accordance with the measurement of work

recorded in the MB, acceptance of measurement of work by contractor and verification /test

check by the concerned officer.



2.31.3 Payment to the contractor will be made through EFT/ECS.

2.31.4 The certificate of having paid the wages to the staff deployed shall be produced to the Railways

within one week time of the prescribed wage period. Without such certificate, the bill of the

firm will not be processed for which the firm shall be held responsible. Suitable penalty shall be

levied on firm if wages to workers are not paid by the firm in time.

2.31.5 Conservancy cess charges as applicable by Railway rules shall be recovered from the contractor

bill every month.

2.32 PARTNERSHIP DEEDS, POWER OF ATORNEY etc.: 2.32.1 The tenderer shall clearly specify whether the tender is submitted on his own or on behalf of a partnership

concern, if the tender is submitted on behalf of a partnership concern, he should submit the certified copy

of partnership deed along with the tender and authorization to sign the tender documents on behalf of

partnership firm, if these documents are not enclosed along with tender documents, the tender will be

treated as having been submitted by individual signing tender documents. The Railway will not be bound

by any power of attorney granted by the tenderer or by changes in the composition of the firm made

subsequent to the execution of the contract. It may, however recognize such power of attorney and

changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

2.32.2 The tenderer whether sole proprietor, a limited company or a partnership firm if they want to act through

agent or individual partner(s) should submit along with the tender or at a later stage, a power of attorney

duly stamped and authenticated by a Notary public or by Magistrate in favour of the specific person

whether he/ they be partner (s ) of the firm or any other person specifically authorizing him/ them to

submit the tender, sign the agreement, receive money, witness measurements, sign measurement books,

compromise, settle/relinquish any claim(s) preferred by the firm and sign “No Claim Certificate” and refer

all or any disputes to arbitration.

2.32.3 In case, where the power of attorney/partnership deed has not been executed in English, the true and

authenticated copies of the translation of the same by Advocate / authorized translator of courts / licensed

petition writers should be supplied by the contractor/s while tendering for the work.

2.32.4 Cancellation or creation or correction of any documents, such as Power of Attorney, Partnership Deed,

etc. which may have a bearing on the tender/contract should be communicated forthwith by the tenderer /

Contractor in writing, failing which Railway , shall not have responsibility or liability for any action taken

on the strength of the said documents.

2.33 RIGHT OF THE RAILWAY TO DEAL WITH TENDER: 2.33.1 The authority for the acceptance of the tender will rest with the Railway. It shall not be obligatory on the

said authority to accept the lowest tender or any other tender and no tenderer (s) shall demand neither any

explanation for the cause of rejection of his / their tender nor the Railway undertake to assign reasons for

declining to consider or reject any particular tender or tenders.

2.33.2 If the Tenderer (s) deliberately gives / give wrong information in his/ their tender or creates / create

circumstances for the acceptance of his / their tender, the Railway reserves the right to reject such tender

at any stage.

2.33.3 If the Tenderer (s) expires after the submission of his / their tender or after the acceptance of his / their

tender or after the acceptance of their tender, the Railway shall deem such tender as cancelled, unless the

firm retains its original character.

2.33.4 If a partner of a firm expires after the submission of their tender or after the acceptance of their tender, the

Railway shall deem such tender as cancelled unless the firm retains its character.



3. GENERAL & SPECIAL CONDITIONS OF CONTRACT

NOTE:

• This section deals with the conditions of Contract under which the various works coming under the

purview of this contract are to be executed by the Contractor. This should be read in conjunction with

General Conditions of Contract of Engineering department as amended from time to time.

• The following Special Conditions shall supplement and be read together with the General Conditions

of Contract (GCC) of North Central Railway and the extant orders along with the amendments, if any,

issued by the Govt. of India, Ministry of Railways (Railway Board) from time to time.

• The GCC is priced publication and it may be purchased by the tenderer on payment of the prescribed

price from CEE/C/NCR/ALD.

On behalf of the President of India, Sr. DEE/OP/North Central Railway/AGRA here in after referred to as

"Railways" invites tender from established experienced and reliable manufactures, contractors for execution of

electrical works as per details in tender documents and advertised in notice inviting tender in North Central

Railway web site. The contract emerging out to this tender shall be referred to as works contact and the contractor

who is awarded the contract shall be referred as "Works Contractor".

3.1.1 The several documents forming the tender are to be taken mutually complimentary to one another.

3.1.2 The tender shall be governed by general conditions of contract 2005 (as amended from time to time)

preamble and general instructions to tenderers and special conditions of contract. Wherever there is

discordance between any of these documents, various provisions shall have overriding priority in the

following order: {3.1.2.5 having highest priority}

3.1.2.1 Preamble and general instruction to tenderer.

3.1.2.2 General conditions of contract 2005(as amended from time to time).

3.1.2.3 Technical specifications.

3.1.2.4 General & special conditions of contract.

3.1.2.5 Special terms & conditions of tender.

3.1.3 If there are varying or conflicting provisions in the documents forming part of the contract, the Sr.

DEE/OP/NCR/AGRA shall be deciding authority with regard to the intentions of the provisions and

decisions shall be final and binding on the contractor.

3.2 LOCAL CONDITIONS: 3.2.1 It will be imperative on each tenderer to fully acquaint him with all the local conditions and factors which

would have any effect on the performance of the contract and cost of the stores. The Railways shall not

entertain any request for clarifications from the tenderer regarding such local conditions. No request for

the change of price or time schedule of completion of work on account of any local condition or factor

shall be entertained after the offer is accepted by the Railways.

3.2.2 The intending tenderer will be deemed to have satisfied himself by actual inspection of the site and

locality of works, that all conditions liable to be encountered during the execution of the works are taken

into account and that the rates entered in the tender papers are adequate and all inclusive for the

completion of works to the entire satisfaction of the Railways.

3.2.3 The intending tenderer is advised to study the tender paper carefully. Any submission of a bid by the

tenderers shall be deemed to have been done after a careful study and examination of those documents

with full understanding of the implication thereof. These conditions and specifications shall be deemed to

have been accepted unless otherwise, specifically commented upon by the tenderer in his offer. Failure to

adhere to anyone of all these instructions may render his offer liable to be ignored without any reference.

3.3 COMPLIANCE:

3.3.1 The offer should be fully in accordance with the drawing and specification. Details of variation from the

drawing and specification, if any, should be clearly indicated and in such event a certificate from the user



must be furnished to the effect that the product offered performs the requisite functions satisfactorily. The

name of such user should also be indicated.

3.3.2 Tenderer should give details of supplies and the addresses of customers along with their performance

certificate.

3.3.3 The tenderer should indicate clause by clause that either his offer complies in every respect with the

requirements of each clause and sub clause or precisely how they differ from the requirements of the

tender.

3.3.4 Should the tenderer wish to depart from the provision of the specification and drawings on account of

manufacturing practices or any reason he should clearly draw attention in his offer to the proposed point

of deviation and submit complete information with justifications, drawings and specifications to explain

the related merits of his proposal vis-a-vis the stipulations laid down in tender documents for appreciation

and understanding of Railways. In the absence of any such deviation it will be deemed that the tenderer is

fully satisfied and the intents of specifications and drawings and shall comply with statutory provisions

laid in the tender documents. The statement of deviations, if any, should be given in the shape of

Performa.

3.3.5 In their offer, the tenderer shall clearly indicate all deviations from the specifications or conditions

stipulated in the entire booklet. In the absence of any such indication the offer shall be taken as

confirming to the provisions stipulated in this specifications/drawings and booklet.

3.4 REJECTION OF TENDERS WITHOUT EARNEST MONEY:

Tenders un-accompanied with the earnest money will be summarily rejected; exemption is not permitted in

any circumstances.

3.5 FILLING OF TENDER DOCUMENTS: The tender documents should be filled neatly and rates should be written in words and figures or in percentage

above / below / at par of the price schedule given as the case may be.

The total amount should be clearly mentioned in figures and words without any cutting/overwriting/corrections in

attached schedule.

3.6 FORCE MAJEURE: If, at any time, during the continuance of this contract, the performance in whole or in part by either party of any

obligation under this contract shall be prevented or delayed by reason of any war, hostility, acts of public enemy,

civil commotion, sabotage, serious loss or damage by fire, explosions, epidemics, strikes, lock outs or acts of God

(hereinafter, referred to “ event”) provided, notice of the happening of any such event is given by either party to

the other within twenty one days from the date of occurrence thereof, neither party shall by reason of such event,

be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect

of such non-performance or delay in performance, and works under the contract shall be resumed as

soon as practicable after such event has come to an end or ceased to exist, and the decision of the Railway as to

whether the work have been so resumed or not shall be final and conclusive PROVIDED FURTHER that if the

performance in whole or in part of any obligations under this contract is prevented or delayed by reason of any

such event for a period exceeding 60 days ,either party may at its option terminate the contract by giving notice to

the other party, the Railways may at the time of such termination take over from the contractor, at prices as

provided for in the contract all erected equipment or equipments under erection as also all or any portion of

unused, undamaged and acceptable equipment whether stores or in the course of manufacturing.

3.7 AGREEMENT:

3.7.1 The successful Tenderer shall, within 30 days on receipt of Letter of Acceptance, be bound to execute an

agreement based on accepted rates and conditions, in such forms as the Purchaser may prescribe and

lodge the same with the Purchaser together with the conditions of contract, specifications and Schedule of

prices referred to therein duly completed.

3.7.2 If a work is transferred from the jurisdiction of one Railway to another Railway or to a project authority or

vice versa while the contract is in subsistence the contract shall be binding on the Contractor and

successor Railway/Project in the same manner and take effect in all respects as if the Contractor and the

successor Railway/Project were parties thereto from the inspection and the corresponding officers or the



competent authority in the successor Railway/Project will exercise the same powers and enjoy the same

authority as conferred to the Predecessor Railway/Project under the original contract/agreement entered

into.

3.7.3 If for administrative or other reasons the Contract is transferred to the successor Railway/Project the

contract shall, notwithstanding anything contained herein contrary thereto, be binding on the Contractor

and the successor Railway/Project in the same manner and take effect in all respects as if the Contractor

and the successor Railway/Project had been parties thereto from the date of this contract.

3.7.4 Until a formal agreement is prepared and executed, acceptance of this letter shall constitute a binding

Contract between us for this work.

3.8 INSURANCE: The contractor shall take out & keep in force a policy or policies of insurance against all liabilities of the

contractor or the Railways at common law or under any statutes in respect of accidents to person who shall be

employed by the contractor in or about the site of the contractor office for the purpose of carrying out the works

on the site. The contractor shall also take out and keep in force policy or policies of insurance against all

recognized risks to their office and depots.

3.9 VARIATION IN CONTRACT QUANTITIES:

The procedure for variation in contract quantities shall be done as per extant rules amended from time to

time. 25% variation to all the quantities on positive or negative side shall be binding to the contractor.

3.11 PRICE VARIATION CLAUSE: Price variation clause shall not be applicable for this tender.

3.12 INCOME TAX, SALES TAX, AND OTHER TAXES / DUTIES:

Income Tax/Sales tax and any other taxes/duties levied from time to time will be deducted as per prevailing rates

from the firm’s bill. The Income Tax Deduction Certificate on the prescribed form 16A shall be obtained from

The Sr. Divisional Finance Manager, North Central Railway, AGRA directly by the contractor.

3.13 TAXES:

3.13.1 The Contractor and all personnel employed by him shall pay all statutory taxes like income tax/

service tax/ ESIC/EPF, road tax etc. as are payable under statutory laws of India and the Purchaser

will not accept any liability for the same. 3.13.2 Deduction of income tax at source as per provision of finance act and income tax act in force may be

made from the Contractor/sub-Contractor and the amount so deducted may be credited to the Central

Government.

3.14 PURCHASER'S REPRESENTATIVE : Subject as otherwise provided in this contract, all notices to be given on behalf of the Purchaser and all other

action taken on his behalf may be given or taken, as the case may be, on his behalf by the Sr. DEE/OP/AGRA or

his successor.

3.15 CONTRACTOR’S REPRESENTATIVE: The contractor's representative shall be a person as defined in General Instructions to tenderer.

3.16 CONTRACTOR’S OFFICE & ADDRESS The Contractor shall within a month of issue of letter of acceptance of Tender, establish an office at a convenient

place for co-ordination with Executive officer. He shall intimate the address in which all correspondence shall be

sent. Any communication sent to the Contractor by post at his said address shall be deemed to have reached the

Contractor duly and in time. Important documents shall be sent by Registered post.

3.17 LAWS OF INDIA

This contract shall be governed by the laws for the time being in force in the Republic of India.



3.18 ACCIDENTS 3.18.1 The contractor shall, in respect of all staff engaged by him or by his sub-contractor, indemnify and keep

the purchaser at all times indemnified and protected against all claims made and liabilities incurred under

Workman's Compensation Act, the Factories Act, the Contract Labour (Regulation & Abolition) Act and

the Payment of Wages Act, and rules made there under from time to time or under any other labour and

Industrial Legislation made from time to time.

3.18.2 The contractor shall indemnify and keep the purchaser indemnified and harmless against all actions, suits,

claim demands, costs, charges or expenses arising in connection any death or injury sustained by any

person or persons within the Railway property sustained due to the acts or omission of the contractor, his

sub-contractors, his agents or his staff during the executions of this contract irrespective of whether such

liability arises under the Workman's Compensation Act, or Fatal Accident Act or any other statute in force

for the time being.

3.19 SETTLE MENT OF DISPUTES All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether

during progress of the work or after its completion and whether before or after the determination of the contract

shall be dealt as per prevailing Railway laws.

3.20 NON-SCHEDULE ITEMS

If during the execution of the work the contractor is called upon to carry out any new item of work not included

in Schedules, the contractor shall execute such works at such price as may be mutually agreed with the

Purchaser before commencement after obtaining the competent authority’s approval and sanction.

3.21 CARRYING OUT THE ACTIVITIES IN ANY OTHER PLACE:

If required by the Railways, contractor shall carry out any or all the activities/schedules of this contract at any

other place under electrical operation organisation at same terms, conditions and rates / prices as applicable for

this contract for the duration required by the Railways. No additional payment will be made due to difference in

location/place of such work site.



4. SPECIAL TERMS AND CONDITIONS OF THE TENDER

4.1 VALIDITY OF CONTRACT: Validity of contract will be for Twenty four months. However, the railway Administration retains the

right of periodic review of the contract and contract will be renewed for further period on the basis of

performance of the contractor during the previous period on the recommendation of the concerned

officer. The contractor shall not have any claim for compensation etc. in case of non-renewal of contract.

The validity of the contract can be extended by Sr. DEE/OP/AGRA, if required, at the same terms and

condition of the contract.

4.2 TERMINATION OF CONTRACT:

The Railway Administration may terminate the contract by giving one week’s notice without assigning

any reason and the contractor will not be entitled for any compensation etc. of whatsoever in nature on

account of such termination.

4.3 CONTRACTOR’S STAFF:

4.3.1 All the staff of contractor must be neat and clean and well dressed in uniform with their

identity nameplate displayed. If any staff gone under sick/leave/absent, the contractor will

arrange fresh staff immediately.

4.3.3 The contractor shall in advance inform the Railway Administration the name and address of

his staff along with photographs who will work as drivers. The staff of contractor shall have

an photo identity card, which will be issued by the contractor.

4.3.4 The contractor shall abide by and work as per labour laws. The contractor will himself be

responsible for treatment of his staff or compensation in case of any accident while on duty.

4.3.5 The contractor or his employee shall neither be treated as railway employee nor shall have

any right for claiming the same.

4.3.6 Contractor shall deploy such persons who bear good moral character and conduct with

dignity. Police verification of the workers is compulsory and shall be submitted at the

beginning of the contract failing which penalty may be imposed.

4.3.7 Contractor shall deploy such persons, who are not minor, insane or suffering from contagious

disease.

4.3 PENALTY: S.NO. Non-Compliance Penalty

i) Driver not in uniform : Rs. 100/- per day

ii) Unwashed seat cover : Rs. 500/- per day

iii) Inadequate fuel : Rs. 1500/- per day

iv) Failure to provide vehicle : Suitable penalty upto Rs.3000/- per

case upto 3 hrs. and for case

beyond up-to 8 hrs. Rs.8000.00. For

further Rs.8000.00 per shift of 8

hours. in addition to hiring charges

of vehicle as per clause 4.5.20.

v ) Failure to response to call on provided Suitable penalty upto Rs.500.00 per

mobile no.- occasion, which may result

invoking penalty clause 4.3 (iv)

above also.

vii) Failure in providing adequate number Suitable penalty upto Rs.1000.00 per day.



of drivers as specified in para 4.3.1 in 24 hrs.

per case may be imposed.

Above penalties may be increased by Sr.DEE/OP/Agra if it is found that Railway had to suffer because of such

non provision of vehicle. All the penalties imposed by the Railway Administration referred to above will be

deducted from the regular bills and contractor shall have no right for any objection. All the fines will have prior

approval of Sr.DEE/OP before deduction from bills.

4.4 SPECIAL CONDITIONS:

4.4.1 The Contractor shall provide vehicle along with drivers (minimum two per day) so as to ensure

twenty four hrs. all days in a year availability of driver. 4.4.2 Railway administration shall not be responsible for any accident/theft, fire, damages etc. to the

contractor during the period of contract.

4.4.3 The contractor will at all times abide by the instructions given to him or his agents and employees from

time to time by the officers and subordinates of the Railway Administration deputed for this purpose to

supervise the work. in the event of the contractor failing to comply with or committing any breach of

any of the terms of his agreement, the Railway Administration can terminate the agreement forthwith as

per clause 62 of GCC.

4.4.4 The contractor shall pay to his staff engaged in connection with the contract not less than fair wages

being the wage notified from time to time by the competent state, center or local authority empowered

thereof . The wage paid shall not be less than those prescribed by any law enacted by the Govt. of India

or by state Govt. concerned in so far as it may be applicable to such staff engaged on such work on the

railways. The contractor shall maintain proper record of payments.

4.4.5 Subject as otherwise provided for in this contract all notices to be given on behalf of the president of

India and all other action to be taken on his behalf may be given by the Sr.DEE (OP)/AGRA or any

other officer authorized by him to do so.

4.4.6 The contractor shall be responsible to comply with the provision of the employment of children act,

1958 or any statutory modification therein and the rules framed there under and shall not employ or

permit any child who has not completed his 18th years of age to be employed.

4.4.7 The contractor shall be responsible for compliance of the provisions of the hours of employment

regulations in respect of the staff employed by him in the manner decided upon by the appropriate

authorities.

4.4.8 The contractor shall be liable for all payment/compensation reimbursement to his staff voluntary or

under order of some local or state or central government/authority.

4.4.9 Payment will be made to the contractor after deduction TDS as applicable from time to time U/S 194C

of the Income Tax Act, 1961.

4.4.10 The contractor shall at all times keep the Railway Administration indemnified against and shall

reimburse the Railway Administration for all claims, demands, suites, losses, damages, costs charges

and expenses what so over which the Railway Administration may sustain or incur in case of any injury

to any person or to any property resulting directly or indirectly from any act of omission of commission

on the part of the contractor or his servant and employees in the conduct of the business for the purpose

for which this contract is granted.

4.4.11 The contractor shall indemnify the Railway Administration against all claims for compensation by or on

behalf of any workman employed by him/them in connection with the Workmen’s Compensation Act.,

1923 or any statutory amendment thereto.

4.4.12 No accommodation etc. will be provided to the contractor or his staff.

4.4.13 The contractor and his employees shall neither be treated as railway employee, nor shall they have any

right for claiming the same.



4.5 OTHER SPECIAL CONDITIONS:

4.5.1 The vehicle should be registered as commercial vehicle with road transport office. 4.5.2 As the vehicle is required for 24 hrs. duty, contractor shall provide vehicle alongwith sufficient

numbers of drivers( minimum two per day) so as to ensure 24 hrs. availability of driver. And to take

care the issue of leave, rest, absenteeism , sickness ect. Of the drivers.

4.5.3 The vehicle is required to work for 24 hrs. along with the driver with out any general/national holiday or

weekly rest and the week will be counted of 7 days. Hence, the contractor has to engage sufficient

number of drivers to ensure 24 hrs. working of vehicle.

4.5.4 Mostly the vehicle will be utilized from AGC to BFP/IDH/AF/JAB & if required, the vehicle will be

utilized for other area like MTJ/TDL/BAD.

4.5.5 Vehicle will be available with driver at notice of 15” round the clock irrespective of interval period of

trips.

4.5.6 The vehicle is primarily required to transportation of staff for crew & guard in local Agra city area and

required over geographical jurisdiction of division including Rajasthan & Haryana.

4.5.7 The contractor will take prior approval of uniform, to be supplied to the staff deployed on duty, with

SR.D.E.E./OP/AGRA

4.5.8 The vehicle should be in good condition.

4.5.9 Model of the vehicle should not be prior to 2012. In case condition of the vehicle is not found to be

satisfactory and of acceptable standard, the offer is liable to be rejected.

4.5.10 The Drivers should be experienced, should possess an appropriate and valid Driving License. They

should be report for duty in uniform.

4.5.11 The Drivers should be courteous and well mannered.

4.5.12 The drivers will be required to maintain a logbook which will be signed by CCC/Agra Cantt. e

or any other person authorized by him. 4.5.13 The driver on duty should be provided with a mobile phone by the contractor. 4.5.14 The vehicle will be available fit for 24 hrs. in a day. In case of hired vehicle is out of order. The owner

will make alternate arrangement immediately along with driver. All relevant documents of alternative

vehicle to be made available before bringing vehicle for run. This shall be checked by authorized

representative.

4.5.15 The cost of the hiring quoted by the tendered should include salary of the drivers, cost of fuel and other

consumables, all repair and maintenance costs, BORDER TAX, ENTRY TAX, TOLL TAX &

PARKING CHARGES applicable on hired vehicle by road transport authorities (Like registration

charges, insurance charges etc;), mobile phone for driver etc. for which nothing extra will be payable.

4.5.16 The vehicle provided by the contractor will be required to ply on all kinds of roads and surfaces in all

kinds of conditions. If required the vehicle along with driver may have stay out of station, as per

requirement for which no additional charges will be charged by the contractor.

4.5.17 The contractor must ensure availability of diesel at any given time, equal to half the capacity of the fuel

tank. When the fuel tank reaches the half day mark. It should immediately be arranged to be filled

capacity, by the contractor.

4.5.18 Nothing extra will be paid to the contractor due to fluctuation in cost of diesel or any other consumable

items, registration charges of the commercial vehicle etc.

4.5.19 In case the vehicle breaks down or is required to be taken under repair, another vehicle of similar type

will have to be provided by the contractor.

4.5.20 If the vehicle is taken under repair and an alternate vehicle is not provided within one hour, a vehicle

may be hired from the local market by the administration. The hire charges of which will be recovered

from the bill of the contractor, along with the penalty mentioned in 4.3 (iv) above.

4.5.21 Necessary registration certificate, insurance of the vehicles should be valid and complete in all respect.

4.5.22 All the taxes and duties what so ever leviable by the government (State or Central) or any other body,

shall be borne by the contractor and will be deducted from on account contract bills.

4.5.23 Subject to any deduction or recoveries which the Railway may be entitled to make under the contract,

the income tax, surcharge on income tax and sale tax (Trade tax) as applicable from time to time by the

government shall be deducted form on account bills.



4.5.24 The log book will remain available with driver, will be filled by Chief Crew Controller, Agra Cantt or

his representative. The meter reading Kms., time duration & destination entries in the log book will be

made immediately after each trip by the Crew/Guard using the vehicle and the entry will be further

countersigned shift wise by concerned driver/guard and on duty C. C. outdoor.

4.5.25 The vehicle will be kept at near Chief Crew Controller, Agra’s Office and driver must report to

CCC/Agra Cantt.

4.5.26 The vehicle shall move according to the instruction of CCC/ Agra Cantt or his authorized epresentative.

4.5.27 In event of non fulfillment of any of the terms of this contract the administration may forfeit the security

deposited in part or in full and retain it as liquidated damages irrespectively of whether administration

has or has not suffered any loss or damage and that decision of Sr Divisional Electrical Engineer (OP),

Agra so as to forfeit the security shall be final and binding on the contract.

4.5.28 The contractor shall act all times indemnify the Railway Administration against all claims which may be

made under workman compensation Act 1923 or any statutory modification thereof or otherwise for or

in respect of any damage or compensation payable other or otherwise for or in respect of any damage or

compensation payable in consequence of any accident or injury sustained by any person in the

employment of the contractor and engaged in performance of the contract arising out of such accident to

such workman/ labour or servants. The contractor shall at all time indemnity the administration against

all claim which may be made in respect of the said work and the conduct negotiation for settlement of

any litigation that may arise there from.

4.5.29 It must be clearly understood that if the contractor fails to provide satisfactory service or fail to perform

the contract and or to observe or fulfill any of conditions thereof to the full satisfaction of the

administration, the contract may be terminated at the sole risk & cost of contractor without rendering the

administration liable in any way for compensation of damage for such action if any, without prejudicing

the right of the administration to forfeit security money the administration may withhold any payment

until the whole contract has been executed and the contractor shall be liable for liquidated damage and

not by way of penalty.

4.5.30 Copy of documents of registration (to be verified with original when required, comprehensive

insurance, Road tax etc. should be submitted by contractor along with the tender form for proof. The

tender may be invalid if relevant documents are not submitted.

4.5.31 Rate once quoted shall be valid throughout the period of contract. Any variation in fuel rates during the

period of contract shall not affect contract agreement hence contractor will have to work in same rates.

4.5.32 CCC/Agra will be incharge of the work. He will sort out all the matter and ADEE/OP/Agra will be

authorized officer of this contract.

4.5.33 The contractor has to submit power of attorney/affidavit in favor of one who is authorized to sign

various documents, bills, MB, contract agreement etc, to enter into the contract agreement and submit

partnership deed if any.

4.6.25 Vehicles is to be supplied and work has to be executed strictly as per the tender schedule and

Specifications given by the railways.



4.6 ISSUE OF IDENTITY CARDS TO CONTRACTOR’S LABOURS The staff of contractor should be issued identity card by the contractor. The list of the labour should be submitted to

this office for records in advance. All the identity cards will be countersigned by railway representative.

1. Name :

To be affixed

Passport size

photograph

2. Father’s name :

3. Date of birth :

4. Qualification :

5. Present address :

6. Permanent address :

7. Marks of identification :

8. Ex serviceman / civilian :

Specimen signature of

Contractor

Signature of Contractor’s

employee

Signature of Railway

Representative

4.8. SERVICE CONDITIONS OF CONTRACTOR WORKERS:

4,8.1 Contractor shall deploy such person who bears good moral character and conduct with dignity.

4.8.2 Contractor shall pay reasonable & applicable wages as decided from time to time to his workers engaged,

which shall not be less than the minimum wages fixed by Govt. Consequences of failure to comply with

government regulations will be responsibility of the contractor.

4.8.3 All the applicable labour laws of Govt. shall be followed by the firm. A certificate in this regard shall be

submitted by the firm every month before processing the monthly bill. Any information/certificate asked

for/ sought by Central/State/Statutory govt. agencies shall be made available by the firm on the same day

for which the firm shall be fully responsible. In case of any lacuna/deficiency found, the firm shall be fully

responsible and shall compensate the same in the manner as directed by concerned authorities.

4.8.4 The contractor and his workers shall neither be treated Railway Employees nor shall have any right for

claiming the same in future.

4.9 COMPLIANCE WITH THE CONTRACT LABOUR (REGULATION AND ABOLITION)

ACT AND RULES: 4.9.4 The contractor has to ensure compliance with the provisions of “The Contract Labour (Regulation and

Abolition) Act, 1970 and “The Contract Labour (Regulation and Abolition) Central Rules, 1971 as

amended from time to time.

4.9.5 If any of the amenities required to be provided by the contractor to fulfill his legal requirements is not

provided by the contractor, it may be provided by the Railways at the cost of the contractor. All the

expenses incurred in providing the amenities may be recovered from the contractor either by deductions

from the on account/final bills of this contract or from any other amount payable to the contractor under

any other contract with railways.

4.9.6 Contractor is responsible for the payment of wages to the staff deployed under section 21 of “The

Contract Labour (Regulation and Abolition) Act, 1970 and to ensure compliance especially with the Rules

63 to 83 of “The Contract Labour (Regulation and Abolition) Central Rules, 1971 in this regard.

4.9.7 Contractor is responsible for maintenance and exhibition of records as prescribed in section 29 of the “The

Contract Labour (Regulation and Abolition) Act, 1970.

4.9.8 The contractor is responsible for the maintenance of Muster Roll, Wages Register, Deduction Register and

Overtime register as per rule 78 of “The Contract Labour (Regulation and Abolition) Central Rules,

1971.-



5. Scope of Work-

1. Contractor has to provide one non-AC Motor Vehicle TATA SUMO or similar make not

earlier than 2012 in good working condition, including drivers, fuel & maintenance, etc. for

transportation of drivers & guards with their line boxes for running of 7000 Kms. Per

month for 24 months. (Nature of work 24 hrs. without any holiday/Rest)..

2. As the vehicle is required for 24 hrs. basis, contractor has to provide sufficient number of

trained drivers with valid driving licence to ensure ready availability of vehicle alongwith driver

at any point of time in day/night.

3. Deployment of minimum two drivers is mandatory.

4. Contractor has to provide one mobile phone alongwith sim and which has to be available always, with the on duty driver.

5. Contractor has to incur all expenses on vehicle, including its fuel, consumable, wages for the

drivers engaged, cost and bill of mobile phone, registration & insurance charges, servicing repairs,

tall, parking, border tax etc., if due and cost of the uniform provided to the driver etc.

SR.D.E.E/OP/AGRA



6. SCHEDULE OF RATES AND QUANTITIES.

Tender No. AGRA/ELECT/OP/ TENDER/2015/01

Name of Work: “Hiring of One Non-AC Motor Vehicle TATA SUMO or similar make not earlier than 2012 in good

working condition, including Drivers, fuel & maintenance, etc. for transportation of Drivers & Guards with their line

boxes for running of 7000 Kms. Per month for 24 months. (Nature of work 24 hrs.without any holiday/Rest).”

S

.

N

Name of work Unit Quantity Estimated

Rate for24

months

(in Rs.)

Rate to be quoted by tenderer

In figure In words %

Above/

Below/

At par

1.

Hiring of One Non-AC Motor Vehicle

TATA SUMO or similar make not

earlier than 2012 in good working

condition, including drivers, fuel &

maintenance, tall, parking, taxes etc.

for transportation of drivers & guards

with their line boxes for running of

7000 Kms. (Nature of work 24 hrs.

without any holiday/Rest).

Month 24 1585590

2.

Additional Kms. Km. 24000 198240

NOTE:

1. Rate to be quoted by tenderer should be % age above, below or at par of the departmental estimated cost.

2. While quoting rates, contractor should keep in consideration that the cost shall include cost of diesel (including further hikes),

fuel, insurance, registration charges, repairs parking charges, toll taxes, border taxes etc. and the salary to the employees deployed

etc.

3. In case of any variation in rate/amount quoted in figures and words, the rate/amount quoted in words will be considered as correct.

4. The quantities shown in above schedule is as per estimate as a guide to give the tenderer(s) an idea of quantum of work involved.

The Railways reserve the right to increase/decrease the quantities given above in terms of quantity variation clause of contract.

5. All rates quoted in the schedule shall be firm and not subjected to any fluctuation.

6. The rates quoted shall be "INCLUSIVE OF ALL THE TAXES AND DUTIES".

SR.D.E.E./OP/AGRA



NORTH CENTRAL RAILWAY

TENDER FORM

Tender No – AGRA/ELECT/OP/ TENDER/2015/01

From M/s --------------------------------------------------------------------------------------------------------------------------------------------

------- --------------------------------------------------------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------------------------------------------------------------

-----------------------------

To,

The President of India,

Acting through the

Sr. Divl. Electrical Engineer ( Op)

North Central Railway,

Agra.

Dear Sir,

Sub:Tender for “Hiring of One Non-AC Motor Vehicle TATA SUMO or similar make not earlier than 2012 in

good working condition, including drivers, fuel & maintenance, etc. for transportation of Drivers & Guards

with their line boxes for running of 7000 Kms. Per month for 24 months.(Nature of work 24 hrs.without any

holiday/Rest).”

I/We M/s…..………………………………………………………………………… have read the instructions and conditions of tendering and

hereby agreed to abide by the said conditions. I/We also agree to keep this offer open for acceptance for a period of 120 days from the date

fixed for opening the same and in default thereof, I/we shall be liable for forfeiture of my/ our “Earnest money deposit”. I/We offer to do the

work as per schedule of the rates quoted in the attached schedule and hereby bind myself / ourselves to carry out the work as detailed in the

tender schedule and special terms and conditions.

I/We also fully understand and hereby agree to abide by the general and special conditions of the contract and to carry out the work

according to the specification, material & works for present contract.

I/We herewith forward the required sum of Rs.35680 (Rupees Thirty Five Thousand Six Hundred Eighty Only) as Earnest money.

I/We understand that the full value of the earnest money shall stand forfeited without prejudice to any other rights or remedies if: -

1. I/We do not execute the contract agreement within fifteen days after receipt of notice issued by the Railway, that such agreement is ready:

and

2. I/We do not commence the work within fifteen days after award of the contract / formal latter of acceptance.

Until a formal agreement is prepared and executed, acceptance of this tender shall constitute binding contract between us subject to

modification as may be mutually agreed to between us and indicated in the letter of acceptance of my / our offer for this work.

Yours faithfully,

Place ………………

Date: ………………

Signature of the contractor(s)

Witnessed by

Witness-1 Witness-2

Signature

Name

Address



Details of Cost of Tender Document Submitted by the contractor

1. Amount : 2. MR/ D.D. No. :

3. Date :

4. Name of Bank :

Details of EMD Submitted by the contractor

1. Amount :

2. MR/ D.D./FDR No. : 3. Date :

4. Name of Bank :



7. CHECK LIST 1.0 The tenderer should indicate clearly replies against item including in this

checklist.

1.1 Have You

1.1.1 Purchased the tender documents in the name of firm

quoting? Yes / No

1.1.2 Furnished rates against the quantities in the prescribed

perform as per schedule of Qty.? Yes / No

1.1.3 Submitted the Earnest Money Deposit in proper form Yes / No

1.1.6 Furnished the list of Vehicles available and proposed to be

inducted (Annexure-II)? Yes / No

1.1.7 Kept your offer valid for 90 days? Yes / No

1.1.8 Visited the site and have studied the methodology to be

adopted for completion of the work? Yes / No

1.1.9 Furnished document to support ownership/partnership of the

firm?

Yes / No

1.1.10 Signed on each page of tender document? Yes / No



Annexure-I

BLANK FORMAT FOR SUBMITTING LIST OF VEHICLES AVAILABLE WITH CONTRACTOR

S.

No Name

Make /

Model

Year of

purchase

from Original

Equipment

Manufacturer

Quantity Brief

Specification

Capacity