mrrj e/; jsyos - ncr.indianrailways.gov.inncr.indianrailways.gov.in/ncr/notice/1436251588416_tender...

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NORTH CENTRAL RAILWAY

Tender Notice No. : 146–Med./San./WM/TDL/15 Dated: 30/06/15

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MEDICAL DEPARTMENT SUB DIVNL. HOSPITAL, N.C.R

TUNDLA

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TENDER FORM

Signature of Tenderer

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Tender Notice No. : 146- Med./San./WM/TDL/15 Dated: 30.06.15

REGULATIONS FOR TENDERS AND CONTRACTORS

INDEX

S.No. CONTENTS DESCCRIPTIONS Page No. From To

1. - TENDER NOTICE (In Hindi & English language)

3 4

2. TOP SHEET TOP SHEET OF TENDER DOCUMENT

-

3. FIRST SHEET Declaration by tenderer(s) regarding acceptance of various conditions to tender as attached here to the tender

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4. SECOND SHEET Declaration by Tenderer(s) regarding earnest money

-

5. THIRD SHEET Schedule of rates and Quantities of materials

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6. FOURTH SHEET Instruction to tenderer(s) along with important items (b) Item No. 6 (Earnest Money & Security Deposit) (c) Item No. 7 (Performance guarantee)

7. - Settlement of disputes – Indian railways Arbitration rule – 63

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8. - SPECIAL CONDITIONS 28

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Tender notice no. 146–Med./San./WM/TDL/15 Dated: 30.06.15 Medical Supdt Office, North Central Railway, Tundla

Medical Supdt. N.C. Railway, Tundla for and On Behalf Of the President of India, invites SEALED LIMITED TENDER from the authorized agency for the work on the prescribed form for the following works up to 12.00 hrs on 25.07.15. Tenders for works can be deposited before due date and time in tender boxes available at on the office of the Medical Supdt. N.C. Railway, Tundla. Tenders will be opened publicly at 12.30 hrs on the same date i.e. on 25.07.15 in case tender opening date happens to be a holiday , tenders will be received and open on the next working day at the same time and at the same place. No Tender document received after sealing of the tender box will be entertained and considered.

The details of the tenders are as under Tender no.

Name of the work Approx cost. (Rs.)

Earnest Money (Rs.)

Completion period

Date of opening

Cost of tender form (Rs.)

Removal and disposal of all kinds of biomedical waste from the sites of origin/generation to final disposal from the sub.Divil. Hospital , Tundla

730764.00 (For three years)

14615.00 Three years 25.07.15 1000 + 7% sales tax

The detailed particulars and tender form can be had from the office of the medical Supdt. North Central railway on any working day from06.07.15 to 25.07.15 (10.00 hrs to 17.00 hrs) and on 25.07.15 up to 12.00 hrs. On cash payment of money receipt from divisional cash office N.C. Rly ., Allahabad @ Rs. 1000/- plus 7% sales tax extra for each tender form , moreover tender form may also be obtained with the other mode of payment viz. Money receipt it DCPM/NCR/ALD demand draft of bankers cheque payable at Allahabad in favour of Sr. Divisional Finance Manager, N.C. Rly, Allahabad. The Tenderers must deposited their credentials along with the tender as per tender conditions. The Earnest Money may be deposited either in cash with divisional cashier , N.C. Rly, Allahabad or by approved bond i.e. deposit receipt , Demand Draft , FDRs and STDRs of state bank of India or any of the Nationalized bank scheduled bank duty pledged in favour of Sr. Divisional Finance Manager N.C. Rly, Allahabad along with the tender form. The Tender must be accompanied with prescribed amount of earnest money in favour of Sr. Divisional Finance Manager N.C. Rly, Allahabad failing which the tender shall be summarily rejected. If the tenderers submit their tenders against the earnest money in the form of Guarantee Bond. In the form of the cheque, pay order their tender shall not be accepted. The successful bidder should give performance Guarantee (P.G.) in the form of irrecoverable bank guarantee /FDR amounting to 5% of the contract value with the fifteen days after the issue of letter of acceptance. The payment to the vender/Tenderer would be made through EFT/ECCS. Note: Documents to be enclosed with the tender form.

1. Character certificate issued by SP/SSP 2. Financial Status – issued by the competent authority. 3. Credentials. 4. Recent Passport size photograph duly attested by gazetted officer. 5. Authorization letter from Nagar Swasthya Adhikari, Nagar Nigam, Firozabad.

Medical Supdt. N.C. Railway, Tundla

For and on Behalf of President of India Cc: SDGM/Vij./NCR/ALD CMS NCR. ALD ADRM/NCR/ALD Sr. DFM/NCR/ALD DMO/Indoor/NCR/TDL Matron I/C TDL

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Signature of Tenderer NORTH CENTRAL RAILWAY

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SDGM/Vij./NCR/ALD CMS NCR. ALD ADRM/NCR/ALD Sr. DFM/NCR/ALD DMO/Indoor/NCR/TDL Matron I/C TDL


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TUNDLA

Tender notice no. 146–Med /San/WM/TDL/15 Dated : 30.06.15 Name of the work, Removal and Disinfect of all kinds of biomedical waste from the sites of origin generation to final disposal from the sub. Divl. Hospital Tundla 1 Approx Cost Rs. 730764.00 for three years 2 Completion Period Three years 3 Earnest Money Rs. 14615.00 4 Date of Opening 25.07.15 5 When the partner constituted and deed was

executed?

6 Whether Partnership deed and power of attorney furnished with the tender

7 The Working contractor should submit a list of works executed with the value and agreement no. With tender

8 Name and Address of party to whom tender sold (tender hoe have are using downloaded from shall fill up the details here)

Signature of Supdt./Tender Signature of Tenderer

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NORTH CENTRAL RAILWAY TUNDLA

Tender notice no. 146–Med./San./WM/TDL/15 Dated: 30.12.09 Name of the work, Removal and Disinfect of all kinds of biomedical waste from the sites of origin generation to final disposal from the sub. Divl. Hospital Tundla To, The President of India Acting through the Medical Supdt. /North Central Railway Tundla

I/We............................................... Have read the various conditions of the tender attached here to and here by agree to abide by the said conditions. I/We also agree to keep this tender open for acceptance for a period of 90 days. From the date fixed for opening the same and in default thereof, I/We will be liable for forfeiture of my/our “Earnest Money”. I/We offer do the following work for North Central Railway: Removal and Disposal of all kinds of biomedical waste from the sites of origin /generation to final disposal from the sub. Divl. Hospital, Tundla. 2. I/We also here by agree to abide by the general conditions of contract of North Central Railway (Work hand book part- II) up to printed /advance correction slip No. 4 including amendment to general conditions of contract (Work contract) issued vide EDCE(G)/Railway Board NDLS Letter No. 2003/CE-1/CT/4/PT.I dated 12/06.05.2006ciculated vide chief Engineer works North Central Railway /Allahabad letter no. 74-W/Tender/GCC/printing WA dated 23.05.2006 and EDCE (G) Railway Board /NDLS letter no. 2003/CE-1/CT/4/PT.I dated 30.05.2006 circulated vide Dy chief Engineer Works North Central Railway Allahabad Letter no. 74-W/Tender/Policy/Part- II dated 19.06.2006 to carry out the work according to special condition of contract and specifications of materials and works as laid down by railway in the annexed special conditions specifications and schedule rates for the present contract. General conditions of contract North Central Railway (Works Hand Book Part- I & Part – II) up to printed advance correction slips including amendment to general condition of contract (Work Contract) as Mentioned above is available in this office for sale and same can been seen by the willing tenderer(s) at any working day and time. 3. A sum of Rs. 14615.00 is here with forwarded as earnest Money. The full value of the earnest money shall stand forfeited without prejudice to any other rights or remedies in case my/our Tender is accepted and 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 ; and

(b) I/We do not commence the work within fifteen days after receipt of orders to that

effect. Signature of Tenderer

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4. Until a formal agreement is prepared and executed acceptance of this tender shall constitute a binding contract between us sub. To modifications as ma be mutually agreed to between as and indicated in letter of acceptance of my/our offer for this work. 5. Standing or Permanent Earnest Money will not be applicable to this tender Signature of Witnesses: Signature of tenderer (S) (1)................................ ................................. (2)................................. Address of Tenderer(S) .................................. ...................................... ...................................... ...................................... Signature of Tenderer

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Tender notice no. 146–Med./San./WM/TDL/2015 Dated: 30.06.15 Name of the work, Removal and Disinfect of all kinds of biomedical waste from the sites of origin generation to final disposal from the sub. Divl. Hospital Tundla To, The President of India Acting through the Medical Supdt. North Central Railway Tundla

Sub. : Earnest Money I/We am/are depositing earnest money Rs. 14615/- (in Words) fourteen thousands six hundred fifteen rupees in the form ..................................................................................pledged in favour of Sr. Divisional Finance Manager , North Central railway Allahabad .

I/We agree that the afore said amount deposited as earnest money by me / us shall be

available for forfeiture if I/We fail to keep the offer open for the period specified there in if

I/We fail to undertake the contract after acceptance of the tender.

Signature of Tenderer(S)

Note :– (As mentioned under item No. 6 of instruction to tenderer)

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

(i) Deposit receipts, pay orders, 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.

(ii) Deposit receipt 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.


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SCHEDULE OF RATES & QUANTITIES

TENDER NOTICE NO. 146–Med./San./WM/TDL/2015 Dated: - 30.06.15 Name of work: Removal and Disposal of all kinds of biomedical waste from the sites of origin/generation to final disposal from the sub. Divl. Hospital Tundla. Removal and Disposal of all kinds of biomedical waste from different originating points in the sub. Divl. Hospital, NCR Tundla Daily preferably between 09:00 to 13:00 hrs. Providing plastic bags, SS container, plastic bins etc. For biomedical waste collection and removal of the same through its own transport /vehicle, labour, Fuel, Tools etc. By the contractor as per biomedical waste management and handling rules to the satisfaction of the Hospital Administration through the duration of contract period. No extra claim of the contractor on labour consumable equipments is admissible Payment on monthly basis. Approx Cost: - Rs. 730764.00for three years , Rs. 20299.00 (per Month) Earnest Money: - Rs. 14615.00 Completion Period: - Three year from the date of issue of formal acceptance letter. Detail & name of Work Estimated Rate Per

Month, including treatment charges of 75 bedded Hospital & Nagar Nigam Charges (Rs.)

Rate Quoted by the tenderer

Removal an Disposal of all kinds of biomedical waste from different originating points on the sub. Divl. Hospital. NCR, Tundla daily preferably between 09.00 to 13.00 hrs. Providing plastic bags, SS container plastic bins etc. For the biomedical waste collection and removal of the same through its own transport /Vehicle labour ,Fuel, Tools, etc. by the contractor as per biomedical waste management & handling rules to the satisfaction of the Hospital Administration through the duration of contract period. No extra claim of contractor on labour consumable equipments is admissible payment on monthly basis.

Rs. 20299.00 per month

In figure ……………. In Words ……………

WITNESS TENDERER’S SIGNATURE Signature of Tenderer

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Collection Points OT/Plaster Rooms Labour Room Pathology Department (Central lab.) Injection Rooms Dressing Rooms Indoor Words & outdoor) NOTE :- (As Mentioned in respective …………………instruction to Tenderer)

1. Quantities given above are estimated quantities and some variation may occur during actual execution of the work and payment for the same will be regulated as per the relevant clauses given in instruction to tenderers.

2. Rate should be quoted inclusive of all taxes and no tax shall be paid even if quoted including

any tax shall be considered for valuation of the tender.

3. Rates(s) should be quoted in figures and words both. Payment will be made on the basis of actual measurements of works.

4. If there is variation between the rates (s) quoted in figures and words, the rate quoted in words shall be taken as correct and considered for evaluation of tender. If more than one or improper rate is/are quoted /tendered for the same item (s) the tender is liable to be rejected.

5. Tenderer is/are required to quote his/their only on the prescribed tender documents at the prescribed place there in which is/are purchased from nominated railway office or down loaded from the web site of the N.C.R.

6. In case tenderer (s) revise/his/their rates quoted in the prescribed tender from at prescribed place there in through a separate covering letter (s) or otherwise even before stipulated date/time of tender submission and if this revision is upwardly and lower of the rates will only be considered as offered rates by the tenderer and lender will be dealt accordingly for evaluation.

7. Contractor shall immediately remove all the desired earth from drains and garbage collected from the site to the municipal ground /at the place nominated for the purposes at his own cost. no extra shall be paid on this account.

8. Credentials in the name of firm applying for the work will only be considered.

WITNESS TENDERE’S SIGNATURE


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NORTH CENTRAL RAILWAY, TUNDLA

INSTRUCTIONS OF TENDERER’S AND CONDITION OF TENDER Name of work: Removal and Disposal of all kinds of biomedical waste from the sites of origin/generation to final disposal from the sub. Divl. Hospital Tundla. The medical Supdt. North Central Railway Tundla for and on behalf of the president of India invites sealed limited tenders on prescribed form for the above work . the tenderers must submit their offer and enclosed tender paper in a sealed cover with the same of the work as above super script over the envelop either by registered post to the address of the medical Supdt., North Central Railway, Tundla so as to each this office not later than 12.00 hrs. On 25.07.15 or deposit in the box kept for the purpose in the office of the medical Supdt. North Central Railway Tundla 12.00 hrs. on 25.07.15 Box will be seated at 12.00 hrs. on 25.07.15 Tender received after the time and date specified above shall not be considered any tender delivered or sent otherwise will be at the risk of tender’s . in case the opening date happens to be holiday the tenders will be received and opened on the next working day. 1.1 the tenders will be opened in the office of the medical Supdt. NCR Tundla on the same day .

i.e. on 25.07.15 at 12.30 hrs . and rates will be read out in the presence of such tenders whose ever choose to be present.

2.0 The tender shall be in the prescribed form obtainable from the office of the medical Supdt. North Central railway Tundla on cash payment of rs. 1070/- in which rate 1000/- is the cost of tender form and Rs. 70/- is sales tax @ 7% . the tender form may also be obtained with the other mode of payment vij money receipt with DCPM/NCR/ALD, demand draft or bankers cheque payable at favour of Sr. divisional Finance Manager North Central railway Allahabad or through money order in name of medical Supdt. N.C.Railway Tundla . no other mode of payment will be acceptable . Tender form purchased from he office of the medical supdt. North Central Railway Tundla is not transferable and will he sold during working hrs. up to one day before the date of opening of the tender.

3.0 GENERAL 3.1 The Following Documents from Part of Tender / Contract: (A) Tender Forms (First Sheet, Second Sheet, Third Sheet, Fourth Sheet) (B) Instructions to the Tenderers & Condition of Tender, Special Condition. (C) Schedule Of Approximate Quantities (Enclosed). (D) General Conditions of Contract and Standard Specifications for Materials And Works. (E) All general and detailed drawings. If applicable, pertaining to the work which will be issued by the MS/ NCR / TDL his representatives (from time to time) with all changes and

modifications. 3.2 The expression general conditions of contract regulations and instruction for tenderers and

standard forms of contract, where ever occurring in these papers shall be deemed to be mean the following.

(i) North Central Railway Engineering Department works hand book part I & II July 2005 as

corrected and notified up to date of opening of this tender including amendment to general condition of contract issued wide EDCE(G) /Railway Board/NDLS Letter No. 2003/CE-I/CT/4/PT.I dated 12/16.05.2006 circulated vide chief engineer /works/North Central Railway Allahabad ‘s letter No. 74-W/Tender/GCC/Printing/WA dated 23.05.2006and EDCE9G)/Railway Board/NDLS No. 2003/CE-I/CT/4/PT.I dated 30.05.2006 circulated vide Dy chief Engineer/works/North Central railway Allahabad’s letter No. 74-W/Tender/Policy/Part-II dated 19.06.2006

Signature of tenderer

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(ii) Northern Railway Engineering Department Standard Specification for material and works 1987. as corrected and notified up to date of open of this tender

(iii) Northern Railway Standard schedule of rates 1996 as corrected and notified up to date of opening of this ……………..

These can be purchased from the office of divisional railway manager (engineering) North

Central Railway, Allahabad or general manager (engineering North Central railway Allahabad general Manager). North Central railway headquarter office Allahabad on usual payment if available.

3.3 the expressions general manager, chief engineer etc. whenever occurring in the northern railway engineering department standard specification for material and work 1987 .and northern railway standard schedule of rates 1996 shall be read as and deemed to have been substituted by the corresponding officer of the northern central railway administration who will be designated as such by the administration .

3.4 the special conditions and the clause of instruction to tenderers shall govern the work done under this contract in addition to and/or in part supersession of the general conditions of contract and the standard specification. Where there is conflict between special conditions/ conditions contained in the schedule of items etc. o the one hand and the standard specification. General conditions of contract, regulations and stated by the tenderer (s) in the covering letter submitted along with the tender shall also be deemed to be part of the contract only to the extent that the same have been expressly accepted by the railway.

3.4 DRAWING FOR THE WORK 3.4.1 the drawings for the work if applicable can be seen in the office of the chief matron, I/C sub.

Divl. Hospital Tundla. 3.4.2 the works (s) shall be carried out in accordance with the directions and to the satisfaction of

the medical Supdt. Indoor/ chief matron/ NCR/Tundla in accordance with specifications which form part of the contract and in accordance with such further drawing/ details and instructions supplementing, attending or explaining the same as may be given by the medical Supdt. /DMO/indoor/Tundla/Chief matron I/C Tundla.

3.4.3 The railway administration reserves the right to change or amend the drawing/Specification as and when necessary at any stage of the work.

3.4.4 All works shall be done strictly in accordance with the specifications of work and no deviation/Departure shall be made by the contractor without the orders of medical Supdt./DMO/indoor/Chief matron/NCR/Tundla given to him in writing.

3.4.5 in case of doubt as regard to any particulars instruction or ambiguities in the plans, the decision of the medical Supdt. /DMO/indoor/Chief matron/NCR/Tundla.

3.4.6 The plan(s) and sites are sub. To alternation to suit the local conditions and requirements of the railway and the contractor will have no claim on account of the changes in plan etc.

3.5 CARE IN SUBMISSION OF TENDERS (a) The intending tenderer are advised to study the tender papers carefully. The tenderer shall

also inspect the site of the work, nature of work and all other matters pertaining thereto. Signature of tenderer

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(b) before submitting a tender, the tenderer will be deemed to have satisfied himself by actual

inspection of the site locality of the works, that all conditions liable to be encountered during the execution of the works are taken into account and that the rates he enters in the tender forms are abdicate and all inclusive to accord with the provisions in clause 37 of the general conditions of contract for the completion of the work to the entire satisfaction of the engineer.

(c) The submission of the tender shall be deemed to have been done after study and examination of the tender papers with full understanding of the implications there of.

(d) The railway will not be bound by any hour 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.

(e) No scribbling is permissible in the tender documents. 3.6 QUOTING OF RATES Etc. 3.6.1 for works based on schedule of rates the tenderer is to quote the overall percentage

about/below/apart on the basis of rates contained in the Northern railway engineering department standard schedule of rates of 1996 corrected and notified up to date of opening of this tender and also against each non scheduled items, if any work is not based on standard SOR. The rates should be quoted above/below/at par in the specified place mentioned in the tender schedule.

3.6.2 The rate(s) should be quote in figures and words both. 3.6.3 If there is variation the rate(s) quoted in figures and words, the rate(s)quoted in words shall be

taken as correct and considered for evaluation of tender. If more than one or improper rate(s) is/are quoted/tendered for the same item(s),the tender is liable to be rejected.

3.6.4 The rate(s) quoted by the tenderers should be inclusive of all taxes, royalty, octoroi etc. Where liable. No claim for octoroon or any other taxes etc. Shall be entertained by the railway at any later stage on any round whatsoever. If any tax/ royalty/octoroon is quoted extra, the same will neither be considered for evaluation of the tender not will be paid .

3.6.5 The tenderer (s) shall not increase his/ their quoted rates in case the railway administrations negotiate for reduction of rates. In case of increase in rates by tenderer (s) during negotiation, rates originally quoted will be binding on the tenderer (s).

3.6.6 in case tenderer(s) revise his /their rates quoted in the prescribed tender from at prescribed place therein through a separate covering letter (s) or otherwise even before stipulated date/ time of tender submission and if this revision is upwardly then lower of the rates will only be considered as offered rates by the tenderer and tender will be dealt accordingly for evaluation.

3.6.7 The tenderers rates (s) shall cover the total cost of the work including the supply of materials, labour, machinery, and pump and all other tools and plant etc. Necessary for the satisfactory completion of the work unless otherwise specifically mentioned the tender/ schedule of items/ rates. They shall also cover the assembling and erecting of the work and making down of all sheltering of the formwork.


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3.6.8 The rate(s) tendered and accepted by the railway shall form the basis of payment for the work done by the contractor. All works will be paid for on the basis on actual measurements taken at site.

3.6.9 The rate for any item of work not appearing in the schedule of item /schedule of rates which

the contractor may be called upon to do shall be fixed by the appropriate officer of the North Central Railway depending upon the nature of the work and cost involved and shall be fixed by a supplementary written agreement between the contractor and the Railway Administration before the particular item or items of work are executed. A work for which no rate has been provided for in the schedule of the rate should not be executed before a rate has been fixed for the same in writing by the railway Administration and agreed to by the contractor. In the event of such agreement not being entered into or executed, the railway Administration may appoint other party/parties to do these work and the contractor shall have no claim for loss or damage on this account.

3.6.10 The rate(s) tendered for in the schedule of items and accepted by the Railway Together with

the modification and special condition shall used on which contract agreement shall be executed . If any work(s) is /are executed by the contractor without proper agreement the same shall be at his sole and absolute risk and responsibility and Railway may be at liberty to refuse to accept any liability for such work.

3.6.11 The rate quoted by the contractor (s) should take into account the difficulties/detentions likely

to be encountered in course of execution of work and nothing extra on this accounts should be paid for.

3.7 Price Variation Clause: No price variation clause is acceptable in this contract. Possible

fluctuations of market rates must be taken into consideration before quoting the rate and no claim on this account shall be entertained afterwards.

3.8 OMMISIONS AD DISCREPANCIES Should a tenderer find discrepancies in or omissions from the drawing 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 ad the successful tenderer shall take upon himself and provide for the risk of any which ay subsequently be discovered and shall make no subsequent claim on account thereof.

3.8 SCHEDULED COMPLETION AND MAINTENANCE PERIOD OF THE

WORKS 3.8.1 The works are required to be completed within a period of one years from the date of issue of

acceptance letter. 3.9 VALIDITY PERIOD OF OFFER The tenderers shall keep the offer open for a minimum period of 90 days from the date of

opening of tender and being extended further if required by mutual agreement from time to time. Any contravention of the above conditions will make the tenderer liable for forfeiture of his earnest money deposit. The tenderer can’t withdraw his offer with in the period of validity /extended validity.


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3.10 In case of tender limited tender contractors approved in the higher monetary slap for a particular category or work shall not be allowed to participate for work in the lower monetary slap unless they are separately registered in the lower monetary slap for a particular category of work.

3.11 JVS/Consortiums/MOUs shall not be considered. 3.12 EMD in any other form then specified shall not be accepted in any circumstances. 3.13 The Successful tenderer on award of contract will have to furnish his Bank Account No. and

name of Bank against which all payments in respect of the contract during the currency shall be made.

4.0 4.1 The tenderer must submit their credentials in the support of establishing the minimum

eligibility criteria as described under item no. 4.1 above otherwise his/their offer shall be considered as in valid certification from Private individual from whom such works are executed/being executed should not be accepted.

4.2 For work with estimated cost more than rs. 1.0 crore rupees constructor/tenderer shall submit revenue/Banker’s solvency certificate of at last 40% of advertised tender value of the work falling which tender is liable for rejection.

5.0 TENDER’S CREDETIALS 5.1 The tenders should submit copies of certificates and testimonials with regard to their

experience in the line of work financial status without which the railway reserves the right to reject the tender .Such certificates and testimonials should be either in original or true copies attested by a Gazetted Officer.

5.2 tenderers should submit along with his/ their tenderers credentials to establish. (i) His capacity of carry out the work satisfactorily. (ii) His Financial status supported by bank references and other document. 5.3 The tenderers should submit the following documents with the tender for evaluating their

credentials for the work. (i) Details of registration /enlistment with railways, state health Departments, or other

departments (Attested copy to be enclosed). (ii) Solvency certificate in original or true copy duly attested. (iii) Partnership deed /affidavit in case of proprietorship firm, Power of Attorney & registration

details of the company in original or attested copies. (iv) List of additional Machinery proposed to be purchased if the work allotted. (v) original/attested document showing annual turnover for last three years. 6.0 EARNEST MONEY AND SECURITY DEPOSIT 6.1 Matters pertaining to earnest money and security deposits shall be governed by the relevant

clauses of the general condition of the contract North Central Railway with all correction slips and amendments and applicable to contract. The relevant provisions in this regard have been given below for ready references. However in case of any discrepancies, provision of the GCC shall be taken as the final and binding.

6.2 The tender must be accompanied by a some of rs. 14615.00 i.e. (2% of the estimated tender value) as earnest money deposited in crash or in any of the forms as mentioned below duly pledged in favour of Sr. divisional Finance Manager , North Central Railway , Allahabad , Falling which the tender will not be considered.


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6.3 The earnest Money should be in cash or in any of the Following.....................

(i) Deposit receipts, Pay order, demand drafts. These forms of earnest money could be either of the State bank of India or of any of the nationalized banks. No confirmatory advice from the Reserve Bank of India will be necessary.

(ii) Deposit receipt executed by the schedules banks (other than the State Bank Of India and the nationalized banks). Approved by the Reserve bank of India for this purpose. The railway will not, however accept deposit receipt without getting in writing the concurrence of the reserve Bank of India.

6.4 The Tenderer (s) should not that, In any case , the earnest money in any other form than specified above shall not be acceptable.

6.5 The Tenderer(s) shall keep the offer open for a minimum period of 90 days from the date of opening of the tender. It is understood that the tenders documents has been sold/ issued to the Tenderer (s) and the Tenderer is/are permitted to tender in consideration of the stipulation on his/ their part that after submitting his/their tender sub to the period being extended further if required by mutual agreement from time to time from he will not retile from his offer or modify the terms and conditions thereof in a manner of acceptable to medical Supdt. North Central Railway Tundla should the Tenderer fail to observe or comply with the forgoing stipulation, the amount deposited as earnest money for the due performance of the above stipulation shall be forfeited to the Railway without prejudice to any other rights or remedies.

6.6 the earnest money deposited by successful tenderer will be retained towards the security Deposit for the due Fulfilment of the contract but shall be forfeited for breach of any of the tender condition of tender agreement of the contract or if the contractor fails to execute the agreement or start the work within a reasonable time. After notification of acceptance of his /her /their Tender.

6.7 The earnest Money will be returned to unsuccessful Tenders within reasonable time but the Railway shall not be responsible for any loss or depreciation that may happens to the security for the due performance of the stipulation to keep the offer open for the period specified in the tender documents. The Railway is not liable to pay any interesting the Earnest Money for the period it is kept in the possession.

6.8 The Earnest Money Deposited by the successful tenderer with his tender will be retained by 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 percentage deduction from the contractors “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 accounts bill” so that the amount so retained may not exceed 10% of the total value of the contract.

Unless otherwise specified in the special conditions, if any the security deposit/Rate of

recovery shall be as under:- (a) Security deposit for each work shall be 05% of the contract value (b) Rate of recovery shall be at the rate 10% of the bill amount till the full security deposit

is recovered. 6.9 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 instruments like BG, FD etc. Shall be accepted towards security deposit.

6.10 Security Deposit shall be return to the contractor after the physical completion of the work as certified by the competent authority. The competent authority shall normally be the authority that is competent to sign. In contract. If this competent Authority is of the rank lower than J.A. grade Officer (concerned with the work) should issue the certificate.


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The certificate inter-alia, should mention that the work has been completed in all respects and that all the contractual. Obligation have been fulfilled by the contractors and that the is no. ........................... Contractor to Railways Against the contract concerned. Before releasing the security Deposit, An un conditional and un equivocal no claim certificate from the contractor concerned should be obtained. 6.10 No interest will be payable upon the earnest Money and security deposit or amount payable to

the contractor under the contract. 7.0 PERFORMANCE GUARANTEE (PG) Matters pertaining to performance guarantee shall be governed by the relevant clauses of the

general conditions of the contract of North Central Railway with all correction slips and amendments issued and applicable to contract . The Relevant provisions in this regard have been given below for ready reference. However in case of any discrepancies /ambiguity , provision of the GCC shall be taken as the final as binding.

7.1 Performance guarantee shall be obtained from the successful bidder as per the procedure outlined below.

7.1.1 The successful bidder should give a performance guarantee in the form of an irrecoverable bank guarantee amounting to 5% of the contract value

7.1.2 The Performance Guarantee should be furnished by the successful contractor after the letter of acceptance has been issued. But before signing of the agreement and should be valid up to expiry of the maintenance period. The agreement should normally be signed within 15 (fifteen days) after the issue of letter of acceptance and Performance Guarantee should also be submitted within this time limit.

7.1.3 Performance Guarantee shall be released after satisfactory completion of the work and maintenance period is over. The procedure for releasing should be as same for security Deposit.

7.1.4 Where ever the contracts are rescinded, the security deposit should be forfeited and the performance Guarantee and the balance work should be got done separately.

7.1.5 The balance work shall be got done independently without risk and cost of the original contractor.

7.1.6 The original contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is JV or a partnership firm, then every member/partner of such a firm would 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.

8.0 INCOME TAX CLEARANCE CERTIFICATE:

The Tenderer(s) is/are required to produce along with his/their tender an authorized copy of the income tax clearance certificate or as worn affidavit duly countersigned by the Income Tax Officer to the effect that he has/they have no taxable income.

9.0 VARIATION IN QUATITIES OF ITEMS IN THE CONTRACT 9.1 Railway reserves the right to increase or decrease the quantity of any item. Due to variation

in contract quantities, the regulatory mechanism for controlling payment shall be as under.

(a) In case the agree mental value goes beyond (+) 25% :- For the first 15% increase in the value beyond 25% of the agree mental value the rates will have a reduction of 2% in the incremental value of the agreement. And for the next 10% increase in the value, rates will have an additional reduction of 2% in the further incremental value of the agreement.


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(b) Execution of the Quantities beyond (+) 50% of the overall agree mental value should not be permitted and, if found necessary should be through fresh tenders or by dating fresh rates with existing contractor as per the laid down process of the Railway.

Otherwise specified in the special conditions of the of the contract, the accepted .......... in quantity of each individual items of the contract would be up to 25% of quantity originally contracted except in case of foundation work. The contractor is bound to carry out the work at the agreed rates and shall not be entitled to claim on any compensation what so ever up to the limit of 25% variation in any of individual items of work.

10.0 ..........OF THE RAILWAY TO DEAL WIOTH TENDER 10.1 Authority for the acceptance of the tender will rest with the Railway. It shall not obligatory on

the said authority to accept the lowest tender or any other tender ....no. tenderer (s) shall demand any explanation for the cause of rejection of their tender nor the railway undertake to assign reasons for declining to consider or reject any particular tender or tenderers.

10.2 ......... competent authority of Railway for the acceptance of the tender reserves the not to divide the tender amount more than one tenderer, is deemed necessary.

10.3 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.

10.4 The tenderer(s) expires after the submission of his/their tender the Railway shall deem such tender. After the partner of the 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 remains its character.

The administration reserves the right to spit up the work without reference of tenderer and may accept the tender in respect of any such portion of the work.

11.0 EXECUTION OF THE CONTRACT DOCUMENTS: 11.1 The successful tenderer shall be required to execute an agreement with the president of India

acting through the medical Supdt./DMO/Indoor/Chief/Matron/NCR/Tundla for carrying out the work.

11.2 In the event of any tenderer whose tender is accepted shall refuse to execute the contract document ass here in before provided, The Railway may determine that such tenderer has abandoned the contract and there upon his tender and acceptance thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of the earnest money and to recover the damages for such default.

12.0 PATNERSHIPS DEEDS, POWER OF ATTORNEY etc. 12.1 The Tenderer should submit the constitution of their firm and power of attorney. If any. They

are also required to disclose whether they are carrying on business as individual sole proprietor or to the partnership consisting of several named partners or as a company incorporated under companies Act.

12.2 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 and 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 the 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 extension 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.


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12.3 The tenderer whether sole proprietor a limited company or a partnership firm if they want to act through agent or individual partner should submit along with the tender or at a later at age. A Power of Attorney duly stamped and authenticated by a notary public or by magistrate in favour of the specify person whether they be partner of the firm or any other person specifically authorizing him to submit the tender sign the agreement receive money witness measurements sign measurement books compromise settle relinquish any claim preferred by the firm and sign No claim certificate and refer all or any disputes to arbitration.

12.4 The cancellation of any documents such as power of Attorney, partnership deed etc. Should be forth with communicated by the contractor to the railway Administration shall have no responsibility or liability for any action taken on the strength of the said documents.

12.5 If the contractor firm is dissolved on account of death or retirement of any partner or for any other reason whatsoever before fully completing the whole work or any part of it undertaken by the principal agreement. The partner shall remain jointly, severally and personally liable to complete the work to the satisfaction to the Railway due to such dissolution.

13.0 Employment/partnership etc. Railway employees:-

(a) Should a tenderer be retired officer of the gazetted rank or any other officer working before his retirement , In the health Department, whether in the executive or administrative capacity , or whether holding a pensionable post or not, in the medical and health department of any of the Railways owned and administered by the president of India for the time being, or should a tenderer being partnership firm have has one of its partners a retired officer or a retired gazetted officer as aforesaid or should a tenderer being an incorporated company have only such retired officer as one of its directors or should a tenderer have in his employment any retired engineer or retired gazetted officer as aforesaid the full information as to the date of retirement of such officer from the said service and in case where such officer had not retired from government service at least 2 years period to the date of submission of the tender as to whether permission for taking such contract if the contractor be a partnership firm in an incorporated company. To become a partner or a director as the case may be or to take the employment under the contractor, has been obtained by the tenderer of the officer as the case may be from the president of India or any officer, duly authorized by him in this behalf shall be clearly stated in writing at the time of submitting the tenderer. Tenders without the information above referred to or a statement to the effect that no such retired officer is so associated with the tenderer, as the case be, shall be rejected.

(b) Should a tenderer or contractor being an individual on the list of approved contractors, have a relative or in the case of a partnership firm or company of contractors one or more of his shareholder or a relative of the shareholder employed in gazetted capacity in the medical & health Department of the North Central Railway, the authority inviting tenders shall be informed of the fact at the time of submission of tender, failing which the tender may be rejected or if such fact subsequently comes to light the contract rescinded in accordance with the provision in clause 62 of the general conditions of the contract.

14.0 The contractors are required to produce licenses as enjoined in the government of India contract labour Regulations and abolition Act, 1970. They shall not be allowed to undertake or execute any work through contract labour except under and in accordance with a license issued under the stipulated Act in that behalf by the authorized licensing officer.

15.0 The contractors shall thoroughly familiarize themselves with provisions of the contract labour Act 1970 and contract labour Central rules, 1971 and submit a certificate to the senior divl. Medical Officer/NCR/Tundla/In charge of the work indicating whether the provisions of said act and rules are applicable to him/them. In case the said act and rules are applicable, the contractors shall take action indicated in Para. 28.1.


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16.0 The contractors shall observe all the formalities, perform all the acts and abide by all the provisions contained in the contract Labour Act 1970and contract labour central rules, 1971 which in addition to other stipulation provides that. :- (a) The contractors shall obtain license from appropriate licensing officer of the area before

commencement of the work and shall produce a copy thereof along with the original to the divl. Medical Officer/Health/NCR/Tundla Chief matron which will be returned to the contractor after verification. Similar action will be taken by the contractor at the time of renewal of license.

(b) The contractors shall be provide rest norms, canteens, latrines, urinals, washing facilities and first aid facilities strictly in accordance with the provisions of the section 40and 62 of the contract Labour central rules 1971. If these facilities are not provided by the contractor, the same may be provided by the Railway and amount incurred/ spent for the same will be debited to the contractors.

(c) The contractors shall pay wages to his/their Labour in a manner laid down in the section -63 of the contract central labour central rules-1971 in the presence of divisional Medical Officer/N.C.Rly/Tundla/Health/Inspector in charge or his authorized representative.

(d) The contractors shall keep and maintain necessary register or record issue employment cards. Service certificates and display notice in accordance with the section-75 to 82 the contract labour central rules – 1971.

17.0 In case in which by virtue of section -20 (2) & 21 (4) of the contract labour regulation and abolition (Act -1970 Railway is obliged to provide amenities and/or pay wages to labour employed by the contractor directly or through petty contractor or sole contractor under this contract then the contractors shall indemnify the railway fully and the Railway shall be entitled to recover from the contractors. The expenditure incurred by the railway on provision of the said amenities. The decision of medical Supdt. NCR Railway/DMO/Indoor/NC Railway. Tundla in this regard shall be final and binding on the contractor.

18.0 WATER SUPPLY FROM THE RAILWAY SYSTEM: 18.1 At the request of the contractor the Railway may supply the whole of the quantity of water

required by the contractor for the execution of works from the Railway’s existing water supply at or near the site of work as may be convenient to the Railway on unusual charges according to the terms and conditions stipulated under the terms and conditions of the contract in the general condition of contract in vogue in the engineering department.

18.2 The contractor must take his own arrangement for the supply of good drinking water to the workmen employed under him in connection with this work.

19.0 MATERIAL 19.1 Supply of materials by the contractors. 19.2 If any material is supplied to the contractor at his request for any item of work for which

labour and materials rates have been accepted the issue of such materials will be treated as a sale outside the contract and the recovery on account of materials will be treated as a sale outside the contract and the recovery on account of material supplied will be made in accordance with code rule 1430(b) which provides for recovery either at the market rate prevailing at the time of supplying to be specified by the divisional Office or the issue rate whichever is higher plus prescribed percentage charged on account of freight and supervision charges. No carriage of incidental charges will be borne by the Railway. The contractor cann not however claim the issue of such materials by the railway in accordance with this contract if he is required to arrange such Materials himself.


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19.3 The Railway Administration will not be responsible to grant arrange the permit for deploy truck or for supply of petrol Motor vehicles for transporting materials. Applications of contractors for these will simply be forwarded to the authorities concerned for disposal.

19.4 No Railway pass or concessional travel facility will be given to the contractor or his agents

and labourers for execution of neither the work nor any concession will be allowed for transport or materials by the Railway required for execution of works.

19.5 In case of movement or certain Materials in particulars direction is restricted. The railway

shall not in any way be liable to assist the contractor to obtaining the relaxation of any such restriction for transporting the materials. Necessary recommendation for the movement of such materials for use in the work will be granted when necessary but no claim will be entertained on this account.

19.6 Settlement of the dispute pertaining to the above contract shall be dealt as per the relevant

clauses of the general conditions of the contract. Is enclosed in the tender document for ready reference. However in case of any discrepancies, provision of the GCC shall be taken as the final and binding.

20.0 The Tenderers must have signed each and every page of tender documents. Otherwise shall be

liable to be rejected. 21.0 Tenderers, who do not comply with any of the condition mentioned herein are liable to result

in their tender being rejected.

For Medical Supdt.

North Central Railway, Tundla I agree to abide by the terms and conditions mentioned at page no. 11 to 21 above (clauses 1 to 21) as well as general conditions of contract of North Central railway (Works hand Book part – I & Part – II) up to printed/ advance correction slip no. 4 including all the general conditions of contract. And standard specification of Northern railway including all the amendments issued and notified by railway Administration from time up to the date of Opening tender.

SIGNATURE OF TENDERER(S)


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EXTRACT OF GENERAL CONDITIONS OF CONTRACT OF NORTHERN RAILWAY 1999

(Clause No. 63 and 64 pertaining to settlement of dispute incorporating amendments issued up to correction slip No. 4 issued by railway board vide letter no. 06/CEI/CT/29 (VOI.I) dated 5.01.2005

Settlements of disputes – Indian railway Arbitration Rules 63 Matters Finally determined by the Railway – All disputes and differences of any kinds 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 GM shall within 120 days after receipt of the contractor representation and make and notify decision on all the matters referred to by the contractor in writing provided that matters for which provision has been made in clause 8, 18, 22(5), 39, 43(2), 45(a), 55, 55(a), 57, 57(a), 61(1), 61(2) and 62(1)of general condition of contract in any clause of the special conditions of the contract shall be deemed as excepted matters and decision 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 of the clause. 64 (1) (i) Demand for Arbitration – In the event of any dispute or difference between the here to as to the construction or operation of this contract of the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account or as to the withholdings by the Railway of any certificate to which the contractor may claim to be entitled or if the Railway fails to make a decision within 120 days then and in any such case, but except in any case of the excepted matters referred to in clause 63 of these condition, the contractor after 120 days but within 180 days of presenting his final claim on disputed matters shall demand in writing that the dispute of difference be referred to arbitration. 64 (1) (ii) The demand for arbitration shall be specify the matters which are in question or subject of the dispute of different as also the amount of claim item wise. Only such dispute or difference 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 (i) (ii) (a) The arbitration proceeding shall be assumed to have commenced from the day a written and valid demand for arbitration is received by the Railway.

(b) The claimant shall submit his claim stating the facts supporting the claim along with all relevant documents and the relief or remedy sought against enchclaim with in a period of 30 days. From date of appointment of the Arbitral Tribunal.

(c) The railway shall submit its deference statement and counter claims if any within a period of 60 days. Of receipt of copy of the claim from tribunal thereafter unless otherwise extension has been granted by tribunal.

(d) Place of arbitration- The place of arbitration would be within the geographical limits of the Division of the railway where the clause of action arose or the headquarters of the concerned railway or any other place with the written consent of both the parties.

64 (1) (iii) No new claim shall be added during proceedings by either party. However a party may amends or supplements the original. Claim or defence thereof during the course of arbitration proceeding sub. To acceptance by tribunal having due regard to the delay in marking it. 64 (1) (iv) If the contractor does\do not prefer his/their specific and final claim in writing with in 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 claimed and railway shall be discharged and released of all liabilities under the contract in respect of these claims. Signature of Tenderer

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64 (2) Obligation during pendency of arbitration – work under the contract shall unless otherwise directed by the competent railway authority, continue during the arbitration proceeding 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 Lakh only) the arbitral tribunal shall consist of a sole Arbitrator who shall be a gazetted officer of railway not below. A grade nominated by the general manager. The sole Arbitrator shall be appointed in 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 the clause 64 (3) (a) (i) The Arbitral, Tribunal shall consist of a panel of three gazette railway officer not below JA grade or 2 Railway gazetted officer 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 or more than 3 names of Gazetted Railway Officers of one or more departments of the Railway which may also include the names of record railway officer empanelled to work as railway Arbitration to 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 at least 2 names out of the panel for appointments as contractor’s nominee within 30 days from date of dispatch of the request by the railway The general Manager shall appoint at least one out of them as the contractor’s nominee and will also simultaneously appoint the balance no. Of arbitrators either from the panel or from outside the panel duly indicating the presiding from arbitrators from amongst the 3 arbitrators so appointed. GM shall complete this exercise of appointing the arbitral tribunal with in 30 days from the receipt of the names of contractors nominees. While nominating the arbitrators It will be necessary to ensure that one of them is from the accounts departments. An officer of the selection grade of the accounts department shall be considered of equal status to the officers in SA grade of other department of the Railway for the purpose of the appointments of arbitrators. 64 (3) (a) (iii) If one or more of the arbitrators appointed as above refuses to act as arbitrators withdraws from his office as arbitrators vacates his/their office/offices or is/are unable or writing to perform his functions as arbitrators or any reason whatsoever or dies or in the opinion of the general manager fails to act without undue delay. The General Manager shall appoint new arbitrator to act in his place in the same manner in which the earlier arbitrators had been appointed. Such re- constituted tribunal may at its, 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 CF affidavits or otherwise As the arbitral Tribunal shall think proper and it shall be the duties of the parties here to do or cause to be done all such things as may be necessary to unable The arbitral Tribunal to make the award without any delay. The Arbitral Tribunal should record day to day proceedings. The proceedings normally be conducted to the basis of documents and written statement. 64 (3) (a) (v) While appointing arbitrator under sub clause (i) (ii) and (iii) above due care shall be taken that they are not the those who had an opportunity to deal with the matter to which the contract relates or who in the course of his duties as Railway servant expressed views on all or any of the matters under dispute or differences. The proceedings of Arbitral Tribunal of the award made by such Tribunal will however not be valid merely, for the reason that one or more arbitrator, had in the course of his service opportunity to deal with the matters to which the contract relates or who in the course of his their duties expressed views on all or any of the matters under dispute. 64 (3) (b) (i) The Arbitral award shall state item wise, the some and reasons upon which it is based. The analysis and reason shall be detailed enough so that the sward could be inferred here from. Signature of Tenderer

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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 of tribunal within 60 days of the receipt of the award. 64 (3) (b) (ii) A party may apply to tribunal within 60 days of the 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 the case of tribunal comprising of three members any ruling or award shall be made by a by a majority of members of tribunal. In the absence of such a majority. The views of the proceedings 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 as per the rates fixed by the railway board from time to time and the fee shall be borne equally by the both the parties. Further the fee payable to the arbitrator would be governed by the instruction issued on the subject by the Railway board from time to time irrespective of the fact whether the arbitrator are appointed by the Railway Administration or by the court of laws unless specifically directed by honourable court otherwise on the matter 64.7 subject to the provisions of the afore said of the aforesaid arbitration and conciliation act 1996 and the rules there under any statutory modification there of shall apply to the arbitration proceedings under this clause.

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SPECIAL CONDITION OF CONTRACT NAME OF WORK:- REMOVAL OF ALL KIND OF BIOMEDICAL WASTE FROM THE SITE OF ORIGIN/ GENERATION TO FINAL DISPOSAL FROM THE NORTH CENTRAL RAILWAY SUB DIVISION HOSPITAL, TUNDLA. 1. “Special condition of contract” and the stipulation made in the “ schedule of items” shall govern

the work done under or in part suppression of the “ genera condition of contract” regulation and instruction for tenderers and standard form of contract 1956” where there is any conflict between the “special condition of contract” and the stipulation contained in the “schedule of items” on the one hand and “general condition of contract” and regulation and instruction for tenderers and standard forms of contract 1955 on the either the former shall prevail.

1.1 Any special condition stated by the tenderer in the covering letter submitted along with the tender shall also be deemed to be part of the contract only to the extent the same have been expressly accepted by the Railway.

2. The agreement shall remain in force commencing from the date of commencement of work but any breach of this contract or any of the conditions and clauses, and tender form by either party there to will when entitle the other party to terminate the agreement after giving one month’s notice in writing to the other provided always that the administration may also terminate the agreement at any time without assigning any reason after giving notice of 30 days. To the contract in writing.

2.1 In case the administration is unable to provide some other arrangement during the notice period i.e. one month above the contractor shall written request of the medical Supdt./NCR/Tundla/DMO/Indoor/Tundla to carry on the work on the said notes terms and condition until and unless the fresh arrangements are made by the Railway up to the extent of three months.

2.2 The Railway Administration also reserve the right to extend this arrangement for a maximum period of further two years and contractor shall have no objection to this. On expiry of the contract in case fresh tender is not finalized the contractor will have to continue the work as on the same rate and condition for a period of six months or part as will be desired by the Railway Administration.

3. The contractor shall make his own arrangement for the truck, tractor driver etc. Outside the Railway premises and also for bringing and taking back the automobiles daily to end from place of work. He will be responsible for proper functioning of his mechanical transport if he desires to use Railway Accommodation or shed and water taps etc. He will have to pay the rent thereof as may be fixed by the administration provided the same is available.

4. The contractor shall not submit assign or part with this contract nor shall take any partner or made any other person interested in the contract without the prior written consent of the Railway Administration. Any breach of the contract in his respect of this clause with entitle the Administration without prejudice to its and any other or rights to terminate the contract forthwith.

5. The Railway Administration shall not be held responsible for any of the damage to the auto vehicles etc. Or any violation of any rule of law for pertaining to the motor vehicle etc. And the contractor shall be absolutely responsible for any such violation.


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6. The contractor shall indemnify the Railway Administration against all claims for compensation by or on behalf of the employees employed by his in connection with this contract, for injury or death by an accident under the workmen’s compensation Act VIII 1938 or any other law for the time being in force and the Railway Administration shall be entitled to deduct any some due from the amount payable to the contractor. The amount of compensation thus payable or paid by the Railway Administration on such accounts, to others if incurred by the Administration in such connection shall recovered from the contractor and the contractor here by agrees that the decision of the Medical Supdt. /NCR/Tundla/Sr. DMO/Indooor/Tundla with respect to the amount of such indemnify shall be accepted by him as final.

7. The contractor will remain liable for theft of any Railway Material by the employees employed by him in carrying out the contract and will reimburse the administration for any loss suffered by it any act of default by the contractor or his employees.

8. The contractor will be responsible for the following work and adhere to the provisions contained under BIOMEDICAL WASTE (MANAGEMENT AND HANDLING) RULES 1998 Name of work: Removal and Disposal of all kinds of biomedical waste from different originating points in the sub. Divl. Hospital NCR Tundla daily preferably between 13.00 to 15.00 hrs. Providing plastic bags, SS container, plastic bins etc. For biomedical waste collection and removal of the same through its own transport labour fuel tools etc. By the contractor as per biomedical waste management and handling rules to the satisfaction to the hospital administration through the duration of contract period. No extra claim of contractor or labour consumable equipments is admissible. Payment on monthly basis.

8.1 He will provide training for segregation of biomedical waste to the staff of the hospital on regular basis.

8.2 He will provide collection material e.g. bags SS container and open plastic dustbins with lid at

the generation/origin points for segregation of biomedical waste. 8.3 He will collect the biomedical hospital waste (solid as well as liquid) daily from the point of

generation/origin except on Sundays and gazetted Holidays. If there is consecutive two gazetted holidays or one gazetted holiday followed by Sundays the contractor will remove the biomedical waste after one day’s gap.

8.4 If any cause no untreated biomedical waste shall be kept stored beyond a period of 24 hrs. 8.5 Notwithstanding anything contained in the motor vehicle ACT 1988 or rules there under

untreated biomedical waste shall be transported only in such vehicle as may be authorized for the purpose.


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9. The contractor shall segregate the biomedical waste into containers /bags provided by him at the point of generation/origin prior to its storage, transportation, treatment and disposal. The containers shall be labelled according to rules.

10. The contractor shall be responsible for removing all biomedical waste (solid and liquid) from the places of generation/origin as per schedule of works attached with the tender.

11. The contractor is bound to perform the duties enlisted above. In case f failure the following scales deduction will be made from the amount payable to the contractor if he does not remove the bio medicals waste from the place of origin with in specified time.

11.1 Rs. 100/- for each collection bags/dust bins (containing bio medical waste) for the first day. 11.2 Rs. 150/- for each subsequent day for each dust bins (collection bags) as indicated above. 11.3 In case of failure by the contractor to perform the job every day. The Railway Administration

may get the work done by any other source and the cost incurred shall be deducted from the monthly bill of the contractor.

11.4 The decision of Railway Administration Medical Supdt./NCR/Tundla/DMO/Indooor/Chief Matron/NCR/Tundla any officer authorized by the Railway administration shall be final and binding for the imposition of penalty.

11.5 The chief Matron In charge shall maintain and keep the records related to the generation collection and handling of the biomedical waste by the contractor in accordance with the rules as provided under the aforesaid rules and produce the same before the prescribed Authority for inspection and verification.

12. The contractor or his representative will report daily in the morning to the ANO/Chief Matron In charge of the sub. Divl. Hospital, Tundla or to any representative specified for the purpose for informing about the start of his work any special instruction/guidance that may be required for the day. He will also report to the above officers in the evening after completion of day’s work.

13. The contractor shall not employ his staff below the age of 18 years. 14. The staff deployed for the work shall be in proper uniform bearing identity card. Provided by

the contractor. 15. The contractor will have to specify the no. of vehicle truck/tractor/trolley that will be engaged

by him for the work tendered. He shall have to increase the number to truck/tractor whenever railway Administration desires him to do so and nothing extra will be paid to him for the same.

16. The contractor will be responsible to see that the railway equipment is not exchanged with non- railway one. In the event of this happening full cost of the equipment will be recovered from him.

17. On termination/Completion of the contract of the contractor shall return all railway equipments that he might have taken at the time of taking the contract or during the currency of contract to the Railway Authorities and should obtain a certificate to that effect. In the event of not doing the full cost of the material not returned by the contractor shall be recovered from his bills at rates fixed by the Administration plus such................ as may be deemed fit by the Railway Authorities whose decision in his respect shall be conclusive and binding upon the contractor.


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18. Cancellation of any documents such as power of attorney, Partnership deed etc. Should be forthwith communicated by the contractor to the railway administration in writing to enter with the substituted documents cancelling or modifying as the case may be failing which the railway administration shall take no responsibility or liability for any action taken on the strength of the said documents.

19. The contractor should not increase his quoted rates in case the railway administration negotiates for reduction of rates. Such negotiation shall not amount to cancellation or withdrawal of the original offer and the rates originally quoted will be binding upon the contractor/ Tenderer.

20. The Tenderers are required to quote the rates for one month as per columns as provided in the schedule of rates at page enclosed with the tender form. The term of the contract will be for a initial period of one year will commence from the actual date of commencement of work by the contractor after completion of all formalities by the parties.

21. Payment Clause: payment to the contractor shall be made on monthly basis. He will submit his bills by 15th of every month.

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